Ethics and Corporate Social Responsibility a Case Analysis of Enron Essay

Ethics and Corporate Social Responsibility a Case Analysis of Enron - Essay Example 2. An evaluation of the potential role of corporate social responsibility in saving Enron in line with the criticisms of CSR by Friedman and Barry. 3. An assessment of whether Enron should have favoured some stakeholders ahead of others or not. 4. An evaluation of whether codes of conducts and stated core values have an effect on a business or not. Question 1 The Role of the CEO in the Enron Scandal This portion of the research examines whether Enron chief, Kenneth Lay acted immorally or not. In order to examine the issue well, the paper would use a broad range of assessment of morality to identify whether actions of Lay were appropriate or not. Each of these issues would be examined critically. Dominant and Unfettered Power and Control It is apparent that Kenneth Lay had dominant and unfettered powers and control over activities of Enron. This is because he had stayed in power for a very long time and had a lot of control in decision making. Although this in itself is not immoral, i t created the impetus for a lot of immoral and amoral activities to be carried out by Lay in conjunction with his fellow managers and directors. Ideally, a business needs to have some kind of control and checks to ensure that managers do not abuse the system (Crawford, 2006 p114). This reason justifies the need for the establishment of an Independent Board of Directors and a Management team. Again, the board needs to be headed by a person who is different from the CEO in order to create an ideal situation where no one in the top hierarchy can get uncontrolled power over the activities of the company. In the case of Kenneth Lay, he was the CEO and the Chairman of the Board of Enron for 17 years and had unfettered powers which contributed to a lot of wrongs in the company. Disregard for Core Principles Kenneth Lay stated that the core principles of Enron were communication, respect, integrity, and excellence. However, there is strong evidence that he led the company to override the ve ry standards he set and the system that was meant to safeguard the implementation of those standards. George and Jones identify that overriding standards and principles means disregard of rules and regulations for reasons that are not consistent with the best interest of the business (2009). As such, there is evidence that Kenneth Lay did things that undermined the core guiding principles that he set for Enron. First of all, he claimed that communication was key. However, there were major reporting issues in Enron that led to its collapse. Secondly, he claimed that respect was a key principle. However, it is apparent that some stakeholder groups like employees were given tough treatments and their rights were blatantly disregarded. Thirdly, Enron claimed to seek integrity but in reality, they had serious issues with truthfulness and the attempt to disguise the reality in its financial situation to maintain a positive image with the public and other stakeholders. Finally, Enron state d that they sought excellence. Although they might have been a leading business at some point in their history, they used unsustainable systems and structures to attain this end. This led to major long term issues which culminated in the collapse of the company. Since Kenneth Lay had extensive powers to ensure that the core principles that he had outlined would be honoured and he failed to do so, there is a major

The Function Organization And Structure Of The International Court Of Justice Law Essay

The Function Organization And Structure Of The International Court Of Justice Law Essay Introduction In this essay the author wants to explain the International Court of Justice (ICJ). Important in that context is the history and former organizations, which were the pathfinder of the contemporary institution. It should be explained how the ICJ is working and who is working. The duties, functions and the international importance of the Court, plus the reasons why world politics need that kind of international Court. Further will be explained the most important Conventions, rules and Conferences, which build up the ICJ in its present- day. There are some important research questions, which are the main issues of the essay: What is the importance or the meaning of International Court of Justice? Most of the time the organization is mentioned as an institution with judicial arbitration in case of national disputes. It is standing over all states and has a very strong arbitration. The states are not able to appeal against the ICJs decisions or convictions, what caused the second research question: How the International Court of Justice does achieve these convictions? Who is the judge or who are the judges of the International Court of Justice? This is the question of the formation of the Court. Questions b) and c) have their focus on the inner- organizations of the Court and the author wants to find out, why the Court acts in certain cases in disputes and what are their concerns and requests to mediate a dispute. Hopefully all the questions will be answered in the end of the essay, in the conclusion there will be a comprehensive review of the topic and the important research questions. There is enough literature to use and with some examples of cases between national states, the process and interfering of the International Court of Justice, it should be well explained. History All began with the Jay Treaty of 1794, also called the Treaty of Amity, Commerce and Navigation, between the United States of America and Great Britain. It was made out of three mixed commissions with American and British nationals and they had to work as tribunals.  [1]   The second more important phase was marked by the Alabama Claims arbitration in 1872 again between the United States and Great Britain. In the Treaty of Washington the same parties arranged a sort of neutrality and fixed some important conditions for arbitration. They tried to avoid with the treaties conflicts between the states and they created a proposal of a permanent international arbitral tribunal.  [2]   The third phase was marked by The Hague Peace Conference in 1899 which got initiated by the Russians (Czar Nicholas II). The phase was part of modern international arbitration. The main concern of the conference was discussing peace and disarmament. It got finished with the Convention on the Pacific Settlement of International Disputes (between Asian, American and Europe countries). Out of the Convention the Permanent Court of Arbitration got formed. A panel of jurists (from each country) administered the Permanent Court and also a leading office, located at The Hague, got set up. The Court got institutionalized and was generally accepted. The official establishment was in 1900 and the operating began in 1902.  [3]   In 1907 the second Hague Peace Conference started and also States of Central and South America participated. At this conference some participants (United States, Germany and Great Britain) tried to form a Permanent Court of Justice, but not all participants agreed with that. The problem was how and who had to choose the judges.  [4]   The Conference confined itself to recommending that States should adopt a draft convention for the creation of a court of arbitral justice as soon as agreement was reached respecting the selection of the judges and the constitution of the court. Although this court was never in fact to see the light of day, the draft convention that was to have given birth to it enshrined certain fundamental ideas that some years later were to serve as a source of inspiration for the drafting of the Statute of the Permanent Court of International Justice  (PCIJ).  [5]   The Permanent Court worked with cases like the territorial and marine dispute and delimitation between Eritrea and Yemen in 1898 and 1899 and in case which concerned Great Britain and Ireland and caused the Convention for the Protection of the Marine Environment of the North- East Atlantic in 1992 (OSPAR).  [6]   The Permanent Court of International Justice (PCIJ) Article  14 of the Covenant of the League of Nations gave the Council of the League responsibility for formulating plans for the establishment of a Permanent Court of International Justice (PCIJ), such a court to be competent not only to hear and determine any dispute of an international character submitted to it by the parties to the dispute, but also to give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.  [7]   In 1920 the Council engaged an Advisory Committee of Jurists to present a report if the establishment of the PCIJ, they sat in The Hague under Baron Decamps (Belgium). After the report, the First Assembly of the League of Nations opened in Geneva in the end of 1920. In this case the legal frame of the PCIJ got fixed and realized. Every member country had a vote in case of decisions and elections. The first elections took place in September 1921. After the first Assembly, more of them took place in 1921, 1929 and finally in 1936 the Statute and legal frame of the PCIJ became effective and operative.  [8]   The PCIJ had after the long road of formation and development some differences to the former Court of Arbitration. First it got a permanently governed body and had an own Statute and Rules of Procedure. Second it had a permanent Registry which stayed always in touch with governments and international organizations. Third the proceeding was public and got documented for evidence. It also had a permanent tribunal; what offered a constant practice with international law and bodies. It also influenced the development in that case. Further all member states had to accept the principles and rules of the PCIJ. The PCIJ had also advisory function in case if the League of Nations Council or Assembly and a member state of the PCIJ were not normally a member state of the League of Nations. Last, it got more and more representive in the international context.  [9]   The International Court of Justice (ICJ) Case of the Second World War the PCIJ had less space for activities. The last conference was in December 1939, after that the PCIJ advanced backward and did not act in cases of disputes between countries. In 1942 the United States and Great Britain tried to establish a new international Court and the Inter- American Juridical Committee started to construct a new way of the PCIJ. In connection with this development, some informal Committees got held and published in February 1944 a report, which contained that the Statute has to be an international law and had to be based on the Permanent Court of International Justice. It should have advisory character and acceptance in jurisdiction.  [10]   Meanwhile, on 30  October  1943, following a conference between China, the USSR, the United Kingdom and the United States, a joint declaration was issued recognizing the necessity of establishing at the earliest practicable date a general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security.  [11]   The result of the meeting (October 1944) was a proposal for the International Court of Justice and represented in the beginning at one of the first meetings in Washington 1945, 44 states with a Committee of lawyers. The preparations of the Statute of the ICJ happened at the San Francisco Conference in 1945 with 50 participants and were based on the Statute of the PCIJ. That conference was one of the most important in the history of the ICJ.  [12]   The Conference decided against compulsory jurisdiction and in favour of the creation of an entirely new court, which would be a principal organ of the United Nations, on the same footing as the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat, and with the Statute annexed to and forming part of the Charter.  [13]   The Court was the judicial part of the United Nations and was linked to the League of Nations. All member states of the United Nations are member states of the ICJ. In the beginning of the ICJ the European countries dominated national, political and judicial affairs and case, that was the reason why the ICJ and the United Nation added some countries as members and they increased from 51 (1945) to 192 (2006).  [14]   Functions and structure The official formation date is the 26. June 1945. The official seat is like the former organization in The Hague. The ICJ consists out of fifteen judges, who have to be from the member states of the United Nations. These are independent and have a diplomat status. They get voted from the General Assembly and the Security Council of the United Nations. The main duties of the ICJ are to communicate between two or more disputing parties, but they have to be states, because the ICJ is not working with cases of individuals or organizations. Decisions are based on international law.  [15]   Current Judges ad hoc The following judges ad hoc have been chosen in the cases currently pending before the Court: Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) Guinea: Mr. Ahmed Mahiou Democratic Republic of the Congo: Mr. Auguste Mampuya Kanunka Tshiabo Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) Democratic Republic of the Congo: Mr. Joe Verhoeven Uganda: Mr. James L. Kateka Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) Croatia: Mr. Budislav Vukas Serbia: Mr. Milenko KreĆ¡a Territorial and Maritime Dispute (Nicaragua v. Colombia) Nicaragua: Mr. Giorgio Gaja Colombia: Mr. Jean-Pierre Cot Certain Criminal Proceedings in France (Republic of the Congo v. France) Republic of the Congo: Mr. Jean-Yves de Cara France: Mr. Gilbert Guillaume Maritime Dispute (Peru v. Chile) Peru: Mr. Gilbert Guillaume Chile: Mr. Francisco Orrego Vicuà ±a Aerial Herbicide Spraying (Ecuador  v. Colombia) Ecuador : Mr. Raà ºl Emilio Vinuesa Colombie : Mr. Jean-Pierre Cot Case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) Georgia: Mr. Giorgio Gaja Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) Greece: Mr. Emmanuel Roucounas The former Yugoslav Republic of Macedonia: Mr. Budislav Vukas Jurisdictional Immunities of the State (Germany v. Italy) Italy: Mr. Giorgio Gaja Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) Belgium: Philippe  Kirsch Senegal: Serge Sur Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Costa Rica : Mr. John Dugard Nicaragua : Mr. Gilbert Guillaume  [16]   The ICJ is the only institution of the United Nations which has its head quarter not in the main quarter in New York, like mentioned is it in The Hague, Netherlands. In the graphic presentation below is explained how the ICJ works. The General Assembly and the Security Council vote the judges all three years for nine years. These judges represent different cultures, communities and legal frameworks. They are responsible for right decisions between state litigations and preconditions for the states who deposit their requests at the ICJ. Important is that they subordinate themselves under the jurisdiction of the ICJ. They are also responsible for the legal options in case and questions of the international law for the United Nations.  [17]   The authorities of the ICJ are provided in the fourteenth chapter of the UN- Charta, decided in 1945 in San Francisco. One the one hand the ICJ has his one statute and one the other it is based on the UN- Charta. That means that a member of the ICJ is also a member of the United Nations. The ICJ in connection with international law The ICJ has to base its decisions on the international law, mentioned above. Because of the international law, the ICJ is a legal person which is allowed to make his own decisions on a juristically structure on which it is based. In Act 38 Paragraph 1 it is mentioned that the Court has a statute based on international law, but it can also decided with the acceptance of the parties which are the main characters in a dispute.  [18]   The UN- Charta and the ICJ The chapter XIV of the UN- Charta says in Act 92 that the ICJ is the main adjustication of the United Nations and has a permanent statute and its duties, responsibilities and arrangements are based on the Charta and the statute. The first point of Act 93 means that all members of the United Nations are members of the Court. Second, a state who is not a member of the United Nations can get a member of the Court, but under different circumstances. There has to be held a conference at the General Assembly of the United Nations and the state has to have a reference of the United Nations Security Council. The first part of Act 94 says that every member of the United Nations is committed, in case of disputes to follow the interventions of the ICJ. If one of the parties of the dispute does not follow the rules of the ICJ, the other party is allowed to bring their case to the United Nations Security Council. The Security Council is the last institution who can finish the dispute and is able to make harder arrangements for the dispute parties. In Act 95 is written that the states can also ask other Courts to interfere in the dispute. The last Act, Act 96, says that United Nations Security Council can make requests for information of dispute cases and other institutions of the United Nations can with the allowance of the General Assembly ask for information of cases.  [19]   These conditions of work and service did not help very much at peace- keeping and with international security, which is one of the main duties and responsibilities. The former idea of the ICJ was to interfere between disputes and the result should be no war and military access, but this was and is impossible, because many states do not want to make compromises.  [20]   In official demonstrations, the ICJ most of the time interpreted and based their judgments and actions in international contexts on the UN-Charta. Every time they fell a judgment, they add, that they worked with the conventions of the Charta and the international law. The reason why they are so careful with their information is because of the international context and the cases with which they are working and the worrying about making problems between countries worse.  [21]   Types of Proceeding There are existing two different types of proceeding. First is the disputable proceeding based on Act 92 of the UN- Charta and second is the procedure of advisory opinion or expert assessment based on Act 96 of the UN- Charta and the IJC- Statue.  [22]   Disputable Procedure The disputable procedure should be a procedure which is based on peaceful resolutions for all contributing parties, in case of ICJ. The countries which are acting like parties, when they have a litigation at ICJ they have to be members, to be able to ask for help at the ICJ. If they are no members of the ICJ or the United Nations, they have to get a recommendation of the Security Council and afterwards the General Assembly is deciding if they are allowed to access the process and if they get a party for that time of the United Nations and the Court. If not, they cannot work with the ICJ together. International organizations are not allowed to get parties of the ICJ. These decisions were made on the Conference of San Francisco. The only way they can participate, is the way of listening.  [23]   Also important for the ICJ is the responsibility of an international tribunal. The Court can only work with a dispute between countries, when all parties agree to the litigation at the ICJ. This is based on a general principle of international law. At the Conference of San Francisco in 1945 it got discussed to base the Court on an obligatory jurisdiction, but in the end the Court got the statute of the traditional system with the former sovereignty principle. The countries have the possibilities to form an agreement, before the case comes official to the Court, who shows the responsibilities of the ICJ, but both parties have to agree. They can make a sort of compromise to abbreviate the proceeding. The states have also the possibility to arrange agreements for the time after the trial. Such a compromise should control the disputes and the acting. This should work like diplomacy or mediation- to prevent wars and conflicts. These agreements could be for example multi- or bilateral cont racts. Additional the countries can arrange the responsibilities of the ICJ also for the future, like they can work out compromises. This way of acting is called facultative obligatory. These compromises and obligatories can have time- limits or there could be instructions which they have to follow with or without a time- limit. That depends on the case and if there is the necessity from the Court to interfere. If there is a case, where the parties are not able to define the responsibilities of the Court together, then the Court is deciding the circumstances of the trial.  [24]   In the text above is written that the ICJ only interferes if there is a conflict between countries and there is no other possibility to solve the problem or conflict without a Court. The ICJ defines a conflict and its rule: disagreement on a point of law or fact, a conflict of legal view or if interests between two persons  [25]  That definition defines conflicts, but it does no show if it has to be juristically or non- juristically. The interpretation of the definition could also factor in political and social disputes. If it also includes social problems, then there is duty- problem with the International Criminal Court (ICC). Because of this defining problem the cases has to be totally clear and they have to be cases which do not have effects on political and social positive working structures. If they have such effects, then it would not be any more a case of the ICJ, but of the ICC (International Criminal Court).  [26]   The trial of the dispute has to be separated in two parts, the written and the spoken part (Act 43). Very important in this context is the preliminary objections  [27]  which could be used before the trial and during the trial from the parties against the Court. The law which is used from the ICJ for decisions is the mentioned international law. The international law gets split in three parts: first the under international law contracts, second general legal principles and third customary international law. Facilities for the ICJ can be already given verdicts or scientific consensus. The second mentioned form was in the past mostly used at national courts and in international law. Nowadays the general legal principles are disappearing and are not used very often. Today the ICJ is using the international law contracts and the customary international law most of the time.  [28]   The decisions of the ICJ can be obligation or declaratory judgments. The judgment concerns only the disputing parties and the judgment has to be accepted. There is nothing existing which could change that, but under conceivable explanations the trial can be scheduled. If a stated does not follow the guidelines of the judgment, the Security Council can threat and order penalties.  [29]   The Procedure of Advisory Opinion or Expert Assessment In this procedure the General Assembly and the Security Council of the United Nations can get an advisory opinion from the ICJ. In this context an advisory opinion or assessment means a juristically statement of a case of disputing countries. In the procedure no parties exist and an advisory opinion is in that context essential. The Court has more power over the case and more ways to interfere. This power results out of the advisory opinion, which gets verbalized by the Court for the UN- institutions. A reason why the procedure get used, results out if the not given capacity to sue and be sued of the United Nations. It should be a sort of compensation. The Court is not only checking the advisory opinion, because it has to involve the statements of the requisitioning institution and the statement of the states which are not the main characters of the trial, but they get mentioned. There are some other institutions who are also allowed to ask for an expert assessment, for example the I nternational Labor Organization, the International Atomic Energy Agency or the United Nations Educational, Scientific and Cultural Organization and more. The General Secretary is not allowed to request for an advisory opinion, but different organizations and institutions tried to get the ability to receive that. Up to the present day the ICJ and the people who are responsible for the UN- Charta did not react for this request. The General Secretary has just the possibility to summon the Security Council or the General Assembly to get an advisory opinion. These institutions of the United Nations can request for every question of law, but that is not the common treatment nowadays.  [30]   To get an expert assessment an institution or another different applicant has to have a question of law for the ICJ. Here is again the problem to separate political and juristically questions, but in this case until today the Court did not find a working consensus. The most of the time the Court decides when it gets the request. The questions do not need any form or structure; they just have to show the problem.  [31]   When the advisory opinion includes states, then the ICJ do not need the acceptance of these countries for such a request. The Court can make that and there is no different statement in the UN- Charta which would forbid that. But the ICJ cannot make a trial without the agreement of the states that means when the ICJ would make a verdict because of an advisory opinion, the states do not have to agree. If that would happen the ICJ has to refuse the request of an advisory opinion. The procedure of expert assessment belongs like the disputable procedure to the international law.  [32]   Differences between the ICJ and the Security Council of the United Nations A comparison between the ICJ and the Security Council is important, because they are both main parts of the UN-Charta (Act 7 para. 1). They are on the same level and have the same possibilities, but also their own functions and skills. The main subject of differentiating between the two important institutions is the independence or dependence of the members. A second important point is the difference between the types of procedure, because the ICJ should only work with juristical questions and the Security Council is responsible for political differences. The trials in the ICJ are stricter and more formal. The way to the Court, during and after the Court, has exact guidelines and they have to be accepted from the requesting states. In the Security Council there are more liberties for the involved parties. The states do not have to take care of many responsibilities or formal conventions in comparison to the ICJ. One of the most important differences is the handling with a verdict aft er the trial. If states request at the ICJ they have to accept the verdict and they cannot do anything again. The Security Council gives advice, so the countries do not need to feel compelled it do any action they dislike. The decisions of the Security Council are for the protection of the global peace and the international security.  [33]   Decisions of the ICJ in the past and its handling The activity of the International Court of Justice is not too rich. In its twenty four years of existence, the I.C.J. has received about fifty cases, rendered judgments in twenty one, and has issued thirteen advisory opinions.  [34]   In this topic the handling of the ICJ in different cases with disputes should be described. There will be some examples from the past to explain difficult backgrounds and the view of the ICJ. In its judicial activity, as well as in the advisory one, besides the decisions and the advisory opinions delivered, the Court has recorded, every time a decision was rendered or it issued an advisory opinion, numerous individual or separate opinions. Some of these opinions, real juridical masterpieces, are often of particular significance, due to the fact that they insist on some principles and arguments of international law, dissimilar to those which led to the solution rendered by the Court. These individual and separate opinions are regularly presented in extenso [emphasis added] in Recueil des arrest, avis consultatifs et ordonnances [emphasid added].  [35]   The decisions of the ICJ did not only help to find solutions in the international context. They also are an expression for the structure of the international law, where it comes from and how it gets handled. International justice, international law and international relations are very young from a historical perspective. The ICJ got established around eighty years ago and the former international tribunals maybe existed twenty years longer. This has many reasons; the world how we know it today, did not exist that way in the nineteenth century. The civilizations changed with the medial facilities for example or the First and Second World War, the forces in the international context changed in that case rapidly. The ICJ had started small and big revolutions in law perspectives, because law was not longer a part of one or two countries, law got global and international.  [36]  The author of the essay will take the first three cases as examples for the working processes in the ICJ. The Corfu Channel Case  [37]   The first case of the ICJ handled about the Corfu Channel Case in April 1949. The parties of the trial were the United Kingdom of Great Britain including Northern Ireland and the Republic of Albania.  [38]   The judges: Acting President GUERRERO; President BASDEVANT; Judges ALVAREZ, FABELA, HACKWORTH, WINIARSKI, ZORIĈIĆ , DE VISSCHER, Sir Arnold MCNAIR, KLAESTAD, BADAWI PASHA, K RYLOV, R EAD, HSU MO, AZEVEDO; M. EĈER, Judge ad hoc.  [39]   The case started in October 1946 when British ships drove into the Albanian water territories for mine- sweeping without any allowance of the Albanian government. The Albanians left after the Second World

Lees Philosophy To Kill A Mock :: essays research papers

Nelle Harper Lee’s Philosophy on the Proper Treatment of Human Beings in To Kill A Mockingbird   Ã‚  Ã‚  Ã‚  Ã‚  The 1930’s were a time in which blacks faced many hardships. It was a time in which the Ku Klux Klan had its peak. However, most importantly, it was the time when Nelle Harper Lee, the writer of To Kill A Mockingbird, was being raised. She was raised in a world where “niggers'; were the bottom class in one of the most powerful countries in the world. She was also being raised during the Great Depression, a time when the attacks on blacks were intensified, as they were the scapegoats of the immense downfall of the US economy. However, she was only a small, innocent child who believed in equality for all. Thus, Harper Lee expressed her disapproval over the treatment of blacks in her Award-Winning novel, To Kill A Mockingbird, through the eyes of a fictional character called Jean Louise Finch, better known as “Scout';.   Ã‚  Ã‚  Ã‚  Ã‚  Scout, the main character in the story, grew up in Maycomb County; a fictional town in Alabama inspired by the Monroe County, Harper Lee’s hometown. Scout’s father, Atticus Finch, was a defense attorney during the Great Depression. Just like everyone in Maycomb County, his economic conditions were very poor. Judge Taylor assigns him the task of defending Tom Robinson, a married black man accused of raping the eldest daughter of Bob Ewell, the head of a family that “…had been the disgrace of Maycomb for three generations.'; As the story progresses, Scout slowly becomes introduced into the world of hatred, unfairness, and racism that the 1930’s exposed. Nevertheless, since Scout still had both her innocence and naivete, due to her premature age, she completely expressed total disapproval towards the treatment of blacks during the time of her childhood. The author portrays this disapproval through Dill and Jem, Scout’s friend, and Scout’s brother, respectively, as shown here by Dill, “‘I don’t care one speck. It ain’t right to do ‘em that way. Hasn’t anybody got any business talkin’ like that—it just makes me sick.’'; Various characters’ reactions to the verdict emphasize Lee’s feelings toward racial injustice. During the Tom Robinson trial, Atticus could not have portrayed his evidence in a more professional and convincing manner. Unfortunately, Tom Robinson was found guilty by the jury and was sentenced to death. Atticus’s son, Jem, expresses his rejection to the unfair treatment of blacks by stating, “‘How could they do it, how could they? Lees Philosophy To Kill A Mock :: essays research papers Nelle Harper Lee’s Philosophy on the Proper Treatment of Human Beings in To Kill A Mockingbird   Ã‚  Ã‚  Ã‚  Ã‚  The 1930’s were a time in which blacks faced many hardships. It was a time in which the Ku Klux Klan had its peak. However, most importantly, it was the time when Nelle Harper Lee, the writer of To Kill A Mockingbird, was being raised. She was raised in a world where “niggers'; were the bottom class in one of the most powerful countries in the world. She was also being raised during the Great Depression, a time when the attacks on blacks were intensified, as they were the scapegoats of the immense downfall of the US economy. However, she was only a small, innocent child who believed in equality for all. Thus, Harper Lee expressed her disapproval over the treatment of blacks in her Award-Winning novel, To Kill A Mockingbird, through the eyes of a fictional character called Jean Louise Finch, better known as “Scout';.   Ã‚  Ã‚  Ã‚  Ã‚  Scout, the main character in the story, grew up in Maycomb County; a fictional town in Alabama inspired by the Monroe County, Harper Lee’s hometown. Scout’s father, Atticus Finch, was a defense attorney during the Great Depression. Just like everyone in Maycomb County, his economic conditions were very poor. Judge Taylor assigns him the task of defending Tom Robinson, a married black man accused of raping the eldest daughter of Bob Ewell, the head of a family that “…had been the disgrace of Maycomb for three generations.'; As the story progresses, Scout slowly becomes introduced into the world of hatred, unfairness, and racism that the 1930’s exposed. Nevertheless, since Scout still had both her innocence and naivete, due to her premature age, she completely expressed total disapproval towards the treatment of blacks during the time of her childhood. The author portrays this disapproval through Dill and Jem, Scout’s friend, and Scout’s brother, respectively, as shown here by Dill, “‘I don’t care one speck. It ain’t right to do ‘em that way. Hasn’t anybody got any business talkin’ like that—it just makes me sick.’'; Various characters’ reactions to the verdict emphasize Lee’s feelings toward racial injustice. During the Tom Robinson trial, Atticus could not have portrayed his evidence in a more professional and convincing manner. Unfortunately, Tom Robinson was found guilty by the jury and was sentenced to death. Atticus’s son, Jem, expresses his rejection to the unfair treatment of blacks by stating, “‘How could they do it, how could they?

The Purpose of Australias Modern Criminal Justice System

Why do we need a criminal justice system in Australia? To answer this question, We firstly need to look a couple of things to allow you a thorough understanding of what exactly the criminal justice system is, questions like, what is role that this system has to play in today’s modern & somewhat debauched society, also what are the key concepts and components of each part of the criminal justice system. It is my attention through the aid of this essay to not only explain the differing parts of the criminal justice system, but also answer the topic in question; by the time we are through you will have a thorough understanding of the Australian criminal justice system and why it is needed. What exactly is the technical meaning of â€Å"the criminal justice system†? An excellent answer to this question maybe found by looking at the Australian Bureau of Statistics (www. bs. gov. au/ausstats 1997 paragraph 2), to quote this definition directly, the Australian Bureau of Statistics defines this as â€Å"The criminal justice system is a system of laws and rulings which protect community members and their property2. It determines which events causing injury or offence to community members, are criminal. Criminal offenders may be punished through the law by fines, imprisonment and/or community service†. Ok we now have a clear definition of what the criminal justice system is we can break down this definition into key elements, and then look at the working of each element in relation to the criminal justice system as a whole. Is there only one criminal justice system in Australia or are there more? Well let’s look at the next paragraph. How many criminal justice systems are there in Australia one only or several? According to the book criminal justice, issues in society (Healey 2006 p. 18) there are nine criminal justice systems currently in operation in Australia at present. This nine comprises of one commonwealth or federal criminal justice system, which is controlled and policed by the Australian federal police. However it can be said that the federal system is not complete due to the fact the federal system corrective service department, therefore punishment for federal crimes that involves incarceration or some form of rehabilitation are facilitated by the relevant corrective service department of the appropriate state or territory. The other eight criminal justice systems are enacted by each state or territory. Each state system is very similar in the way crime and punishments are dealt with, within each state system the makeup includes the same key components. Each state criminal justice system comprises of three key elements the relevant state police force, the court system (which comprise of, local, district and supreme courts) and corrections including jails, juvenile detention centres mental health facilities as well as other rehabilitation programs. Firstly let’s look at the frontline of any criminal justice system, which is the relevant federal state or territory police force. What role do police in the criminal justice system? According to (White and Perrone 2010 p. 287-293) police are not only one of the most powerful means of social control in society but are also the most visible, police have quite a large amount of power in which they are able to use their own judgement or discretion. It is through police that offenders are first entered into the criminal justice system, or if offence is minor diverted away from criminal justice system, to quote (White & Perrone 2010 p. 87) directly â€Å"police are often described as the gate keepers of the criminal justice system†. It can be argued that by creation of laws and implementation of these laws that a person is being stripped of a small portion of one’s civil rights and social freedoms; however it is of general acceptance that the vast majority of society accepts this so called loss of rights and freedoms, to allow general level of peace and order, a system without laws and some form of soci al restrictions and civil freedoms would certainly lead to social anarchy. Not only is it the role of police to arrest and apprehend criminals but it also their role perform other essential community duties such as law & order, conflict resolution and maintenance of such resolution, police may often do this without the arrest of individuals (White & Perrone 2010 p. 287-293). Strategic planning for the prevention of crime is also just important as the apprehension of individuals by stopping the crime before it occurs. Other duties performed by today’s police force include emergency response and services e. . car accident response, traffic control and community service and many other tasks. Community service involve such mundane acts as rescuing a cat from a tree to appearing at schools educating the young. Over all it can be seen the need for policing as a vital link in the criminal justice system. In the next paragraph we will take a brief look at the various court systems. There are four main court systems in Australia three of which are state and t he other federal. The courts are (www. lawlink. nsw. gov. u 2011) the local court, which deals with such matters as Family law involves issues such as domestic violence orders, power of attorney and also enduring guardianship etc. Also the local court deals with Monetary issues such as small claims arising from motor vehicle accidents etc. monies owed that are payable such overdue fines etc. Local courts also deal with minor criminal offences including such things as drink driving, minor assaults, break and enter and breaches of AVOs etc. and also minor traffic incidents The district court for want of a better term is the â€Å"middle† court. The district court is a trial court dealing with both criminal and civil matters and also can preside over certain tribunals. The district court is headed by a chief judge. The Supreme Court is the highest of the state courts. The Supreme Court has unlimited civil jurisdiction and handles the most serious of criminal offences. The last court which is the highest court in Australia is the federal court or High Court of Australia which deals with all matters that are to do with the Commonwealth of Australia. We now have a brief understanding of the four main court systems of Australia so now let’s take a look at the last element of the criminal justice system that is that of corrective services. According to (www. correctiveservices. nsw. gov. au accessed 30/5/2010) the role of Corrective Services is to provide not only custodial sentencing but also non-custodial supervised punishments such as community service, in home detention and parole. Corrective services also provide pre-release reports on offenders to determine the risk of Recidivism or for the want of a better word re-offend. Now we have had a look at the key facets of the criminal justice system and how each interlocks with the next i. e. the police (first line of contact for the criminal justice system, arrest or caution offenders, if police arrest the offender then moves on to the relevant court system depend on relevant type and severity of crime, which in turn makes a judgement, on whether the person in question is a risk to society. If the courts come to the decision that the offender is of danger to the public they are incarcerated, or if offence is not so serious the judgement can be made to se other parts of corrections to allow for rehabilitation etc. of person in question. I hope I have helped you the reader to clearly see and understand why it is vital that any socialised society requires a criminal justice system to not only keep order in society but to also provide protection and justice for each and every individuals personal and social rights and well being. References Australian Bureau of Statistics 4102. 0 – Australian Social Trends, 19/06/1997 (accessed30/6/2010) www. bs. gov. au/ausstats/[email  protected] nsf/2f762f95845417aeca25706c00834efa/a4d719473be50fdfca2570ec001b2c95! OpenDocument Healy, J. (2006). Criminal Justice, issues in society volume 32. NSW Australia: spinney press White, R. , & Perrone, S (2010) Crime, Criminality & Criminal Justice Melbourne Australia: Oxford University Press New South Wales Government Corrective Services NSW Statement of Purpose (Accessed 28/6/2010) www. correctiveservices. nsw. gov. au/about-us/statement-of-purpose

Manchester Products Essay

Manchester Home expanded household furniture division by adding market leader PLFD – Addition of 990 million in PLFD revenues – Addition of established sales force, talented design teams – PLFD’s Signature Style line very popular with consumers †¢ Ability to combine PL design skills with MH engineering and manufacturing – Manufacturing expertise and ergonomic designs †¢ Concerns – How to tie-in PL’s bold designs with MH’s conservative style – Customer confusion over new brand name 5C’S OF THE ACQUISITION Company †¢ Companies’ strengths and weaknesses complement each other 5C’S OF THE ACQUISITION Customers †¢ Target consumers ages 34-55; Income over $50K – MH consumers are categorized as conservative elegance – PLFD consumers are more fashion-conscious, trend setters – Will need a way to reach both customer segments †¢ Results from target consumer surveys – Low brand loyalty – 60% would change brands – High information search – Style, design, quality, comfort most important qualities – all covered by MH/PL – PL has high brand awareness, almost double that of MH, will help to co-brand them to raise awareness for MH 5C’S OF THE ACQUISITION Collaborators †¢ Manchester already has network of office distribution channels, now they gain access to household distribution channels through Paul Logan. – PL sales force has strong ties to leading distributions channels – PL strength in upscale furniture stores, specialty stores, department stores †¢ Strong relationship with buyers – Concern over brand going away, necessary to create a smooth brand transition so consumers make the switch †¢ Push strategies important to build strong relationships with distribution network – 90% of PL shipments include Purchase Allowances 5C’S OF THE ACQUISITION Competitors †¢ Paul Logan was market leader †¢ Household Furniture Industry $36.64 billion in 2004; positive % growth projections A mature industry Large number of corporate consolidations Low-cost imports from Asia/Mexico moving into higher price levels Domestic companies ready to attack the vulnerability of the new brand and position †¢ We need strong advertising and marketing mix †¢ Many competitors have company owned stores – Crucial to leverage our distribution channels to gain market access 5C’S OF THE ACQUISITION Context †¢ Office furniture sales growth tied to employment growth and new business formation. – Burst of dot.com bubble and recession have decreased demand for office furniture †¢ Rise in ‘teleworking’ could increase demand for home office †¢ Demand for home furniture is tied to new home construction and home sales. †¢ Innovative and stylish products to bolster demand MOVING FORWARD ANALYSIS OF FUTURE BRANDING: OPTIONS †¢ Drop the Paul Logan name right away – Losing their current brand awareness – Need to educate customers – Strong distribution channel relationships could be damaged †¢ Keep using the Paul Logan name for the entire allotted three years – Ad agency advises against this option, as they don’t want to allocate advertising dollars to a brand with a three year shelf life †¢ Transition mid-point – Leverage the Paul Logan name to build strong brand awareness for Manchester – Continue to use the PL name in subtext for 1.5 yrs.; conduct consumer research to reevaluate after this time. – Business recommendation to convert the name 100% to Manchester Home after 1.5 yrs. ANALYSIS OF FUTURE BRANDING: OPTIONS †¢ Brand name transition: – First 6 months: Manchester Home: The New Home for Paul Logan Furniture – Following year: Manchester Home: The Home for Paul Logan Furniture – After 1.5 yrs.: Conduct consumer research to reevaluate transition †¢ Business recommendation is to drop the Paul Logan name †¢ Want to ensure the Manchester Home brand has achieved a sufficient awareness before removing PL OUR FUTURE ADVERTISING STRATEGIES †¢ Strong campaign is critical to the success of the new brand name – $184 million allotted for 2005 – Includes national and cooperative advertising for both PLFD and MH products †¢ Push vs. Pull – MH to allocate more $ towards Push advertising – Heavy Push & Pull the first 1.5 yrs. – Marketing & Communications mix to form long-term company image †¢ Promotional Programs – Purchase allowances – Recommend amending the planned 2005 marketing expenditures to allow for purchase allowances. †¢ Currently based on % of sales – Due to brand transition, allocate a fixed amount to advertising to ensure the levels do not drop RECOMMENDATIONS †¢ Continue to use the Paul Logan name to leverage brand awareness and channel partnerships †¢ Focus strongly on both Push and Pull strategies the first 1.5 yrs. to communicate the acquisition – Amend proposed 2005 advertising plan to incorporate more Push strategies, specifically Purchase Allowances that contributed to the success of the PL distribution network †¢ After 1.5 yrs., the business goal is to transition brand officially to Manchester Home QUESTIONS?