Thursday, October 31, 2019

Is mass media a cause of moral decline Essay Example | Topics and Well Written Essays - 1000 words

Is mass media a cause of moral decline - Essay Example Mass media have enjoyed the limelight for the benefits that it has brought to the society to a point that its failures have been overlooked. The failures range from poor coverage of content and negative exposure to moral decadence in the society; where moral decadence is crucial. As a result, it is essential to evaluate mass media in order to ascertain whether it is a cause of moral decline in our society. Mass media have contributed largely to the decadence of morality in the society due to its role in lowering religious tolerance. As such, mass media have continuously portrayed the differences found within different religious groups and drawn criticisms towards them. This has led to increased hostility amongst different religious groups and religions since mass media draw a line between them. This creates the illusion that none of the religions can coexist peacefully without getting into each other’s business and without pointing out their differences. ... A large portion of the population spends a large amount of time watching television or interaction with other forms of mass media. This is the same mass media that is indiscriminate in its programming, where it portrays popular culture, in which sexual promiscuity and people are idolized. It is this idolization that is killing the sense of guilt and morality in people especially children as there is not much they understand (Wilson, 2008). They are more into taking that which they are exposed to as the gospel truth, as opposed to choosing that which is right and leaving out the rest. In addition, mass media over the internet provides easy access to inappropriate content in the form of pornography, which affects the behavior of people and their perception of the world and others (Wilson, 2008). This is in the case where one becomes hyper sensitive to sexual content that he or she thinks and perceives real life events on a sexual perspective. As a result, there is increased possibility of sexual crimes since pornography is glorified in mass media leading to rapes and abortions in pregnant women; proving that mass media has considerable influence towards moral decadence. Moreover, mass media present strong content relating to violence and aggressive behavior, which affects the development and control of emotions in people (Wilson, 2008). In this case, mass media, especially television and video games show increased instances of violence, which may be helpful for the individuals watching them. However, the intended benefits do not entirely manifest themselves in the people but instead manifest a negative consequence of moral decadence. This is because instead of creating an avenue for the release of negative

Tuesday, October 29, 2019

The causes of the current aberrant weather patterns Essay

The causes of the current aberrant weather patterns - Essay Example Hence, a change in the weather pattern occurs. 2. Changes to Earth’s Orbit – For thousands of years, the earth got considered as a natural cycle that results to aberrant weather patterns. Its effect is extremely low. The tilting of the axis, the orbit’s shape and the rotation of the earth, affected the quantity of solar energy entering the earth causing atmosphere imbalances (Spencer, page 57). 3. Greenhouse Gas Emissions – Human industrialization has caused more to the environment. Industries produce some of the most toxic gas effluents to the atmosphere. These gases include carbon dioxide, carbon monoxide, sulfur dioxide and many other gases. Carbon dioxide gets produced in surplus to the atmosphere leading to capturing of heat (Spencer, page 50). This causes imbalance to average temperature of the atmosphere. Hence, it leads to the aberrant weather pattern. 4. Pollution - Some of gases, such as sulfur dioxide results to depletion of the ozone layer. This results to entry of more harmful and powerful to the atmosphere causing global warming, which in turn leads to aberrant weather patterns (Spencer, page

Sunday, October 27, 2019

Swot Analysis On Foreign Direct Investments

Swot Analysis On Foreign Direct Investments The retail industry in India is predicted to increase at a phase of 14 by 2013. The initiative for allowing FDI was first taken in 2006. Since 2006 54 FDI permissions have been received by the government of India and a cash inflow of Rs 901.64 crore in the form of investments into the nation. Retailing includes all forms of business involving sale of products and services to the end users. Retailing includes a retailers commonly a store or a service establishment, dealing with consumers who are purchasing goods and services for their own use rather than for resale. Wal-Mart, Best Buy and other familiar organizations are retailers. Retailing is dependent more on how the trade deals straight with consumers. Retail banking, service based shops; coffee shops are also retailers. With the commencement of online retailing, retailers are no more worried about place of stores. E-retailing has emerged. Consumers are always hungry for modern ways of shopping. Indian retail sector is increasing fast and its employment potential is growing faster. The retail scene is changing really fast. Retailers are rethinking about the best prices they can get goods with. Retail sector in India is also catalyst for the pickup of stalling tactics of below the line marketing used by major retail players such as Spencer, big bazaar, reliance fresh etc. For increasing customers by creating point values of sales displays. So we can say that India is an emerging land of FDI and going to be one of the quickest growing regions of the future. Key terms: FDI, Retail markets, Gross Domestic Product, International, Policies, and infrastructure development. Introduction: As per the current regulatory policies, retail trading (except under single-brand product retailing, FDI up to 100 per cent, under the Government route) is allowed in India. To say it short, for a company to be able to get foreign investments, goods sold by it to the general public should only be of a unique-brand; this condition being in addition to a few other conditions to be stick to. That explains why we do not have a Harrods in Delhi. India being a trademark to World Trade Organizations General Agreement on Trade in Services, which include wholesale and retailing services, had to open up the retail trade sector to foreign funds. There were initial priorities towards opening up of retail sector arising from fear of job losses, procurement from international market, competition and loss of entrepreneurial opportunities. In the series of action, the government in a sequence of moves has opened up the retail sector slowly to Foreign Direct Investment (FDI). In 1997, F DI including in cash and carry (wholesale) with 100 percent ownership was permitted under the Government approval route. It was given a green signal in an automatic route in 2006. 100 percent investment in unique brand retail marketing was also allowed in 2006. FDI in Multi-Brand retailing is prohibited in India. Allowing FDI in multi brand retail can bring about Supply Chain Improvement, Investment in Technology, Manpower and Skill development, Tourism Development, Greater Sourcing from India, up gradation in Agriculture, Efficient Small and Medium Scale Industries, With around 13% contribution to GDP and 7% employment of the national workforce, retailing no doubt is a strong pillar of the Indian economy. What it requires is more corporate backed retail operations that have started to emerge over the past couple of years.(Arvind Singhal, chief executive, KSA Technopak) Determinants of FDI Policies In India Looking up into the literature survey the major requirements of the foreign investment are technologies, infrastructure and labor skills, If in the case these requirements are not identified it becomes difficult to elaborate different patterns in the geographical pattern of FDI at the world capita income, relative to outbound and inbound FDI (Hummels and Stern, 1994). There are large numbers of government incentives that can be taken into consideration as key factors, besides that there are other factors that determine the corporate plans of international market place. There are factors that influence major part of the investors; factors may be institutional, historical and cultural factors (Martin and Velazquez, 1997). Examiners examined that there are wide varieties of determinants of FDI in the past. There were several studies conducted on determinants of FDI towards the choosing of a group of descriptive attributes that are more useful and most important factors affecting FDI. Study by researchers elucidate that there are differences in factor costs and market size to the FDI spot (Markusen and Maskus, 1999). This shows us the prominence of market size and its wide spread for foreign organizations which are functioning as big industries. Companies score cannot be judged by the beforehand without achievements in the market. They are measured in terms of GDP, GDP per capita and growth of GDP. To put this in simple English the FDI of a company is defined by the investments made by the company in other country than that in a company is based in. Government of India (GOI) has announced the policy of FDI that governs the foreign investment in India as the provision of Foreign Exchange Management Act (FEMA) 1999. Policies of FDI related to Retail market: It is advisable to check the Press Note 4 of 2006 issued by DIPP and compound FDI Policy issued in October 2010 (DIPP, 2010) which include the sector specific guidelines for FDI in relation to the conduct of trading activities. FDI allows export trading and wholesale marketing with 100% cash and carry. Subject to Press Note 3 (2006 Series) FDI can stretch up to 51% of the total with a single brand sales and marketing. The policies dont allow FDI to promote Multi Brand Marketing. According to `Wheel of Retailing theory, medians in one retail market give rise to a new one. But in India we find that several markets go in hand and hand. The following are some of the formats adopted by various players: Table 2. Retail formats Adapted from: Indian Retail: On the Fast Track, KPMG and FICCI, 2005 Entry Options for Foreign Players prior to FDI Policy Before Jan 24, 2006, FDI was not allowed by the government of India, but the investors had been operation in the country in other forms. Some of the opening steps used by the Foreign Investors are discussed below:- 1. Franchise Agreements: This is an easiest path to enter in to the Indian market. In franchising and commission agents services, FDI Foreign investors can invest in the product based companies with the approval from the Reserve Bank of India, until and unless prohibited by the FDI act. This is a most general mode for entrance of quick food bondage opposite a world. Apart from quick food bondage identical to Pizza Hut, players such as Lacoste, Mango, Nike as good as Marks as good as Spencer, have entered Indian marketplace by this route. 2. Cash And Carry Wholesale Trading: FDI was allowed at a full stretch in the wholesale trading which concentrates on a large scale distribution to the wholesale market to help the local manufactures. The wholesaler deals with the small retail businesses but not with the direct consumers. Metro AG of Germany was the first to enter India using this process. 3. Strategic Licensing Agreements: Some foreign companies give exclusive licenses and distribution rights to local companies. Using these rights, Indian companies can either sell it through their own stores, or enter into shop-in-shop arrangements or distribute the brands to franchisees. Mango, the Spanish apparel brand has entered India through this route with an agreement with Piramyd, Mumbai, SPAR entered into a similar agreement with Radhakrishna Foodlands Pvt. Ltd 4. Manufacturing and Wholly Owned Subsidiaries: The international brands such as Nike, Reebok, Adidas etc., have whole manufacturing unit using the subsidiaries and are treated as Indian companies and are allowed to retail. These manufacturers are authorized to sell products to Indian consumers by franchising, distributing to the existing retailers, self-outlets etc. For example Nike has entered into India in agreement with Sierra Enterprises but now Nike is wholly owned subsidized, Nike India Private Limited. FDI in Single Brand Retail The Government has not categorically defined the meaning of Single Brand anywhere neither in any of its circulars or any notifications. In single-brand retail, FDI up to 51 per cent is allowed, subject to Foreign Investment Promotion Board (FIPB) approval and subject to the conditions mentioned in Press Note 3 that (1) Multi brand products would be sold (i.e., retail of goods of multi-brand even if produced by the same manufacturer would be allowed). (2) Products should be sold under the same brand internationally. (3) Single-brand product retail would only cover products which are branded during manufacturing. (4) Any addition to product categories to be sold under single-brand would require fresh approval from the government. While the phrase single brand has not been defined, it implies that foreign companies would be allowed to sell products sold internationally under a single brand, viz., Reebok, Nokia, and Adidas. Retailing of goods of multiple brands, even if such products were produced by the same manufacturer, would be allowed. Going a step further, we determine the concept of single brand and the associated conditions: FDI in Single brand retail implies that a retail store with foreign investment can only sell one brand. For example, if Adidas were to obtain permission to retail its flagship brand in India, those retail outlets could only sell products under the Adidas brand and not the Reebok brand, for which separate permission is required. If granted permission, Adidas could sell products under the Reebok brand in separate outlets. Concerns for the Government for only Partially Allowing FDI in Retail Sector A number of concerns were expressed with regard to partial opening of the retail sector for FDI. The Honble Department Related Parliamentary Standing Committee on Commerce, in its 90th Report, on Foreign and Domestic Investment in Retail Sector, laid in the Lok Sabha and the Rajya Sabha on 8 June, 2009, had made an in-depth study on the subject and identified a number of issues related to FDI in the retail sector. These included: It would lead to unfair competition and ultimately result in large-scale exit of domestic retailers, especially the small family managed outlets, leading to large scale displacement of persons employed in the retail sector. Further, as the manufacturing sector has not been growing fast enough, the persons displaced from the retail sector would not be absorbed there. Another concern is that the Indian retail sector, particularly organized retail, is still under-developed and in a nascent stage and that, therefore, it is important that the domestic retail sector is allowed to grow and consolidate first, before opening this sector to foreign investors. Antagonists of FDI in retail sector oppose the same on various grounds, like, that the entry of large global retailers such as Wal-Mart would kill local shops and millions of jobs, since the unorganized retail sector employs an enormous percentage of Indian population after the agriculture sector; secondly that the global retailers would conspire and exercise monopolistic power to raise prices and monopolistic (big buying) power to reduce the prices received by the suppliers; thirdly, it would lead to asymmetrical growth in cities, causing discontent and social tension elsewhere. Hence, both the consumers and the suppliers would lose, while the profit margins of such retail chains would go up. Rationale behind Allowing FDI in Retail Sector FDI can be a powerful catalyst to spur competition in the retail industry, due to the current scenario of low competition and poor productivity. The policy of single-brand retail was adopted to allow Indian consumers access to foreign brands. Since Indians spend a lot of money shopping abroad, this policy enables them to spend the same money on the same goods in India. FDI in single-brand retailing was permitted in 2006, up to 51 per cent of ownership. Between then and May 2010, a total of 94 proposals have been received. Of these, 57 proposals have been approved. An FDI inflow of US$196.46 million under the category of single brand retailing was received between April 2006 and September 2010, comprising 0.16 per cent of the total FDI inflows during the period. Retail stocks rose by as much as 5%. Shares of Pantaloons Retail (India) Ltd ended 4.84% up at Rs 441 on the Bombay Stock Exchange. Shares of Shoppers Stop Ltd rose 2.02% and Trent Ltd, 3.19%. The exchanges key index rose 173. 04 points, or 0.99%, to 17,614.48. But this is very less as compared to what it would have been had FDI up to 100% been allowed in India for single brand. (Nabael Mancheri, 2010) The policy of allowing 100% FDI in single brand retail can benefit both the foreign retailer and the Indian partner foreign players get local market knowledge, while Indian companies can access global best management practices, designs and technological knowhow. By partially opening this sector, the government was able to reduce the pressure from its trading partners in bilateral/ multilateral negotiations and could demonstrate Indias intentions in liberalising this sector in a phased manner. Permitting foreign investment in food-based retailing is likely to ensure adequate flow of capital into the country its productive use, in a manner likely to promote the welfare of all sections of society, particularly farmers and consumers. It would also help bring about improvements in farmer income agricultural g rowth and assist in lowering consumer prices inflation. (Discussion Paper on FDI, 2010) Apart from this, by allowing FDI in retail trade, India will significantly flourish in terms of quality standards and consumer expectations, since the inflow of FDI in retail sector is bound to pull up the quality standards and cost-competitiveness of Indian producers in all the segments. It is therefore obvious that we should not only permit but encourage FDI in retail trade. Industrial organizations such as CII, FICCI, US-India Business Council (USIBC), the American Chamber of Commerce in India, The Retail Association of India (RAI) and Shopping Centers Association of India (a 44 member association of Indian multi-brand retailers and shopping malls) favor a phased approach toward liberalizing FDI in multi-brand retailing, and most of them agree with considering a cap of 49-51 per cent to start with. The international retail players such as Wal-Mart, Carrefour, Metro, IKEA, and TESCO share the same view and insist on a clear path towards 100 per cent opening up in near future. Large multinational retailers such as US-based Wal-Mart, Germanys Metro AG and Woolworths Ltd, the largest Australian retailer that operates in wholesale cash-and-carry ventures in India, have been demanding liberalization of FDI rules on multi-brand retail for some time. (Nabael Mancheri,2010) the Indian Council of Research in International Economic Relations (ICRIER), a premier ec onomic think tank of the country, which was appointed to look into the impact of BIG capital in the retail sector, has projected the worth of Indian retail sector to reach $496 billion by 2011-12 and ICRIER has also come to conclusion that investment of big money (large corporates and FDI) in the retail sector would in the long run not harm interests of small, traditional, retailers.(Sarthak Sarin,2010) SWOT Analysis SWOT analysis is instrumental for evaluating present day retail industry in India. SWOT analysis is a study prepared discussing about the strengths, weaknesses, opportunities and threats of retail industry. Strengths An enormous young employed people with average age of 24 years, nuclear families in urban areas, regarded as a basic social unit, with laterally growing working woman population and evolving as prospects in the service sector would be the vital progression carters of the structured retail sector in India. It has also funded to fat size reserves in the real estate sector with main national and worldwide players financing in federalizing the structure and construction of the retailing business. Customers will have right to use to superior range of transnational quality goods. Employment openings directly and indirectly have been improved. Farmers get enhanced rates for their goods though enrichment of price added food chain. Growth in price and consumer desires is vital aspects. Growth in spending for extravagant items is also vital. Huge domestic market with a growing middle class and customers with purchasing power. The governments of states like Delhi and National Capital Region (NCR) are very positive about allowing the use of land for commercial development thus escalate the accessibility of land for retail space. The progression of sachet revolution develops for getting to the foot of the pyramid. The magnitude of Indian organized retail industry touched Rs.1,30,000 crore in 2006. The styles that are motivating the development of the retail sector in India are small share of organized retailing and dropping real estate rates. Ranked second in Global Retail Development Index of 30 developing nations drawn up by AT Kearney. The annual progress of departmental stores is estimated at 24%. The profits of bigger organized retail segments are numerous. The customers get a superior product at discounted price. So customers get worth for their cash. Typicality of consumers in terms of diverse tastes and demand for extensive collection of goods. Opportunities When the model picks up, due to demonstration effect, there will be a complete renovation of domestic retail trade. International retail titans take India as crucial market. It is ranked fifth most appealing retail market. The organized retail sector is estimated to raise stronger than GDP growth in the next five years catalyzed by shifting ways of life, proliferation in income and advantageous demographic shape. Food and clothing retailing are crucial factors of growth. Indian retail industry has been regarded as of the most dynamic and fast advancing business with several companies arriving in the market. Indian retail industry can be one of the biggest industries in terms of quantities of workforces and institutions. Countryside retailing is still untouched in Indian market. Threats One of the chief obstacles to the evolution of modern retail formats are the supply chain management concerns. No key modifications are required in the supply chain for FMCG goods; these are well established and effective. For perishables, the structure is too difficult. Government guidelines, absence of ample groundwork and insufficient venture are the potential blockages for retail corporations. The supply chain for agro goods is less complex than the net foodstuffs. But agro goods have an exclusive problem of non-standardization. Its challenging to focus on all segments of society. Hyper and super markets trying to offer purchaser with -worth, diversity and quantity. Large primary investment is essential to manage with other establishments and contest with them. Labor guidelines are also neglected in the organized retails. The absence of even tax system for organized retailing is also one of the hurdles. Poor infrastructure is prospective to be a hurdle in the evolution of organized retails. Concern of vehicle parking in urban regions is grave worry. Segment is unable to engage retail workforce on contract basis. The unorganized sector has supremacy above the organized sector in India due to low investment requirements. Retail nowadays has transformed from marketing a good or a service to marketing a hope, an aspiration and especially an practice that a consumer would like to repeat. Weakness Will primarily satisfy rich and middle class consumers located in metros and will not cater bulk consumption merchandises for consumers in rural regions and insignificant towns. Retail chains are so far, to be established with appropriate range of products mix for the mall outlets. Present day retailing is about investigating and graphing the marketplace, keeping options open, reasonable costs and retaining buyers too. Insignificant outlets are also one of the flaws in the Indian retailing. 96% of the outlets are smaller than 500 sq.ft. The retail chains are also minor than those in the developed nations. The quick expansion of retail sector is the severe upgrading in the accessibility of retail space. But the present scenario in prices, retail real estate hires have amplified extraordinarily, which may cause few retailing business houses to be unavailable. Retail corporations have to spend great rents which are obstacles in the chance of profits. The capacity of sales in Indian retailing is also very little. India has huge population in the globe and an expeditious growing economy. The impact of retail on Indian economy is: Employment Generation Retailing offers occupation to 8% labor in India, because it is highly effort demanding. It has also capable to create eight million more jobs, directly and indirectly. Development of small scale units Retailing also aids small scale units to freely access of the market. They provide a stage for small scale units goods. Retailing in India funds 4 lakh moderate handicraft industries. Growth of real estate The necessity of space is one of the main burdens, so the real estate has also risen over the previous years. In coming days the Indian economy and real estate sector would be shaping into organized retail estate sector. Conclusion Contemporary ways of shopping have been all the time attracting Indians. The retail sector in India is rapidly progressing and the employment potential is mounting day by day. The attitudes of the retailers towards suppliers have been changing so as to extract the best pricing from the suppliers. This secret for all the titans of retail market are planning to invest into the Indian retail sector. India is one the fastest growing economies of the world, by agreeing to FDI in the retail sector there would be a considerable pouring into Indias GDP and economic development. This would also aid the integrating of the Indian retail market with the global retail market. FDI would not only give Indians employment but help Indians to get better wages, incentives and lifestyle, which the present retail market has been unsuccessful in providing. Entry of FDI into Indian market would enhance Indian scenario for supply chain, technology, manpower and skill development. FDI would also catalyze the growth of small and medium scale industries.

Friday, October 25, 2019

University Costs :: essays research papers

University Costs How have university costs changed over the years? University costs have been steadily increasing throughout the last ten years as more and more students apply. However, foreign students feel the brunt of the hikes as they pay around the area of three times as much as in country students. What are some of the costs when going away to university? Costs that you are expected to cover when going away for university are listed below. 1) Tuition - this is the main expenditure when going away to university. Tuition cost run from about 2,000 - 4,000 dollars a year. 2) Books and supplies - this cost runs up at about 500 - 800 dollars per year for books. Average supplies range from about 100 - 200 dollars. 3) Transportation - when a student is away at university, the problem of getting to and from school arises. More than likely, this problem can be solved through public transportation such as, bus, subway, or shuttle train. The average cost for a years pass on one of these transportation systems is about 200 - 300 dollars. The other available option is to own a vehicle. The downside is gas drains the cash flow and student parking can be quite expensive at some universities. 4) Housing - a student who attends university away from home must find a place to eat, sleep and , of course, study. There are about three main options in this field of discussion. The first is dorm housing. The costs of sharing a dorm ranges from about 250 - 400 dollars per month. The second available option is to rent an apartment. A nice affordable apartment ranges from about 300 - 500 dollars a month. This type of apartments usually contains features such as a stove and a fridge. The final option is to board at a house. This is clearly the most affordable situation. Most meals are home cooked, you are equipped with a washer and dryer. The atmosphere of home is also a plus for first-time students who might feel homesick. The price to board ranges from around 200 - 400 dollars a month depending on how close you are to the campus. 5) Miscellaneous - costs that are included under the miscellaneous section are food, clothes, and personal expenditures. The average cost yearly for miscellaneous expenses can run from about 500 - 1000 dollars a year.

Thursday, October 24, 2019

Doctrine of Judicial Precedent Essay

Introduction Statutes and case law are two significant sources of the UK law. In the convention of common law, the law applied to a case is decided through judicial precedent and statutory interpretation. There can be effectiveness of judicial precedent and statutory interpretation in separation as well as when they are combined in the development of law. To what extend can a judge develop the law through the operation of doctrine of judicial precedent and application to the rules of statutory interpretation will be discussed in this assignment. In the first place, this assignment will give an introduction to judicial precedent and statutory interpretation. In the second place, how can judicial precedent and statutory interpretation develop the law will be analysed and evaluated. Eventually, the conclusion of this assignment will be given. Judicial precedent, a procedure whereby judges follow previous case with sufficiently similar facts, regulates case law, which is crucial to protect law stability. As MacCormick said: â€Å"to understand case law†¦ is to understand how it is that particular decisions by particular judges concerning particular parties to particular cases can be used in the construction of general rules applying to the actions and transactions of persons at large.† (James, 2010) Judicial precedent applies to the doctrine of stare decisis. That is to not disturb the decisions that are settled. For instance, through the stare decisis, the House of Lords held that the manufacturers owed a duty of care to their ultimate consumers of their goods in the case of Donoghue v Stevenson (1932), creating a binding precedent followed in Grant v Australian Knitting Mills (1936) in respects of duty of care and neighbor principle. The binding precedent is a legal principle formed by the ratio decidendi, the reason for the decision. This means that the ratio decidendi must be followed with the recognition of the legal reason for the decision in the previous case (Jacqueline, 2010). The remainder of a judgment is Obiter dicta. It is a statement made by the way, which though is not binding but can be persuasive in the future cases. Statutory interpretation is the process of how the statutes interpreted and applied by a judge. There are four approaches developed to deal with the task of interpretation, including literal rule, golden rule, mischief rule and purposive rule. When literal rule is applied, the words in the statutes are given their dictionary, original or everyday meaning, with the respect to the will of Parliament. For instance, in Whitley v Chappell (1868), with the application to literal rule, the court held that the defendant was not guilty since a dead person is not, in the literal meaning of the word, ‘entitled to vote’. Golden rule was defined in Grey v. Pearson4 (1857), â€Å"the ordinary sense of the words is to be adhered to, unless it would lead to absurdity, when the ordinary sense may be modified to avoid the absurdity but no further.† One of the illustrated cases is Re Sigsworth (1935). A son murdered his mother entitled to nothing since the court applied golden rule to modification to prevent repugnancy and absurdity. Instead of determining what the Parliament said, the Mischief rule is applied to what Parliament meant. The Mischief rule was applied in Smith v Hughes (1871). Lord Parker CJ held that the activities of prostitution were in a â€Å"street or public place† for the intension of the Act to prevent the mischief of the impact of solicitation on the passers by. With a wider application, purposive rule is aimed to give promotion to the general legislative purpose emphasizing the provisions. Lord Denning stated â€Å"†¦we sit here to find out the intention of Parliament and of ministers and carry it out, and we do this better by filling in the gaps and making sense of the enactment by opening it up to destructive analysis†. In Cutter v Eagle Star (1998), instead of literal rule, purposive rule is applied, holding that car park was a road, which underlies the Road Traffic Act (1988). Also, a purposive approach is now often applicable as a result of European Law. (James, 2010) Examples and evaluations of development The judicial precedent is regarded as the backbone of the common law whereas approaches of statutory interpretation have developed as significant tools in interpreting the statutes. Furthermore, there has been a notable synergy between judicial precedent and statutory interpretation in the development of law. First of all, the development of law can be achieved by applying a suitable decision from previous cases with similar materials. In the case of Shaw v DPP (1962) the House of Lords held that a crime of conspiracy to corrupt public morals existed. The conspiracy to corrupt public morals consisted of an agreement to corrupt public morals by means of the magazine, and the defendants had been rightly convicted. This was followed in Knuller v DPP (1973), being held that an agreement to publish adverts to facilitate the commission of homosexual acts between adult males in private was a conspiracy to corrupt public morals (E- lawresources, N/D). Therefore, with the application to doctrine of judicial precedent, the decision in a previous case can be applied to similar cases in the future, which then can contribute to the development of law in terms of quantity, certainty and stability. In addition, since consistent decisions are provided, the law is more possible to ensure fairness, and the citizens can be more willing to trust the law with confidence of being treated fairly. On the other hand, it is said that the doctrine of judicial precedent can be too rigid, as there seems to be a tendency that the binding precedent will be strictly applied in the decisions of cases. Also, since there are no uniform cases, the operation of the doctrine of judicial precedent may lead to a certain degree of injustice, leaving limited space for the development of law. However, the rigidity of judicial precedent can be avoided in practice through the exceptions of decisions including application of overrule and distinguishing (James, 2010). As Posner (1990) claimed: â€Å" judges follow the previous decisions of their court when they agree with them or when they deem legal stability more important in the circumstances than getting the law right. But a precedent’s analogical significance means simply that the precedent contains information relevant to the decision of the present case.† (Richard, 1990) Despite following the precedent strictly, judges are able to change the decisions in cooperation with facts. The Practice Statement was made by Lord Gardiner in1966, allowing the House of Lord to change its previous decision when it appears â€Å"right to do so† in an attempt to achieve justice (Jacqueline, 2010). To illustrate, in Miliangos v George Frank (Textile) Ltd (1976), the House of Lord overruled Re United Railways. In the case of Re United Railways (1961), it had been held that all debts were to be paid in sterling in an English civil case. In the case of Miliangos v George Frank (Textile) Ltd, the House of Lords held that damages could be awarded in any other foreign currency in the contract, due to the changes in conditions of foreign exchange (Vaughan, 2010). This was stated as â€Å" the existing reason ceased now for a rule† by Lord Denning (Michael, 2004). Distinguishing is another technique used by judges in order to avoid a previous binding decision that may cause inconvenient or unsuitable results. The case Balfour v Balfour (1919) is often cited in conjunction with Merritt v Merritt (1970) by way of illustration of how distinguishing works. In both of the cases, a wife sued her husband for breach of contract. In Balfour v Balfour, based on the fact that the parties had not yet been divorced when the agreement was formed, the court held that there was no enforceable agreement, owing to a rebuttable presumption against intention to create a legally domestic agreement. In the case of Merritt v Merritt, however, the claim was successful. The court was able to distinguish the material difference between two cases. Lord Denning stated that â€Å"When †¦ husband and wife, at arm’s length, decide to separate and the husband promises to pay a sum as maintenance to the wife during the separation, the court does, as a rule, impute to them an intention to create legal relations.† (Zander, 2004) As a result, the appeal from the husband in this case was dismissed. The exceptions of decisions enable the judges to be more flexible in relation of following or refusing earlier decisions from similar cases, which seems to extend the power of the law lords to create law and the space for the development of law. However, it may decrease the level of law certainty and predictability. Regardless of the role statutory interpretation plays in helping judges deal with the task of interpreting statutes, the application and development among the four rules of statutory interpretation can promote law to adapt to changing needs. In practice, judges are continually applying the existing rules to new fact situations and thus being able to keep pace with the changes of society. Firstly, approaches to statutory interpretation can attribute to the creativity and flexibility of law. Applying purposive rule, the court of the case of Royal College of Nursing v DHSS (1981) held that the Abortion Act 1967 aimed at preventing the mischief of ‘back-street abortions’ where no medical care was provided. Therefore, with the advancement of medical technology, abortion became legal to be administered by nurses. (James, 2010) In addition, rules of statutory interpretation can ensure the willing of Parliament. Judges cannot make law, which is the role of Parliament, however, they can and do try to give effect to Parliament’s intentions by using statutory interpretation. For instance, in the case of R v Registrar General ex parte Smith (1991), purposive rule was applied instead of literal rule due to the fact that the applicant was confirmed to be dangerous to his natural mother by a psychiatrist and ‘Parliament could never have intended to promote such serious crime.’ Consequently, the applicant was failed to obtain his birth certificate (Jacqueline, 2010). Approaches to statutory interpretation provide opportunities for judges to apply to different rules flexibly based upon the facts and the intention of Parliament. However, increases of flexibility and creativity of law may cause decreases of certainty and consistency. Last but not least, as two major aspects of the UK law, the interrelationship of the doctrine of judicial precedent and the rules of statutory interpretation are significant to the development of law. For example, in Pharmaceutical Society of Great Britain v Boots Ltd (1953), there is a technical legal meaning of â€Å"offer for sale†. With the application to literal rule, the display of goods in a store shelf was held as an invitation to treat but not an offer to sell. This decision was followed in Fisher v Bell (1961). The court held that the display of product in a shop window was an invitation to treat and thus there was no violation of the Act. (James, 2010) Conclusion As a consequence, with doctrine of judicial precedent, previous cases can be applied to cases with similar facts in the future, whereas with statutory interpretation, different decisions can be made with choices of different rules depending on different facts. The synergy between these two aspects produces certainty, elasticity and appropriate space for the gradual development of law. In conclusion, although a degree of rigidity and instability might occur in the progress of law development. Judicial precedent and statutory interpretation in combination can attribute to an increased level of certainty, consistency, flexibility, and elasticity of the law, creating an appropriate space for a gradual development of law. Bibliography: 1.James, H., 2010, Learning Legal Rules 2.Jacqueline, M., 2010, Unlocking The English Legal System 3.E-lawresources, N/D, [Internet] Available from [Accessed 11 /11/ 2012]†¬Ã¢â‚¬ ¬Ã¢â‚¬ ¬ 4.Richard, A, P., 1990, The Problems of Jurisprudence 5.Vaughan, B., 2010, Foreign Currency Claims in the Conflict of Laws 6. Michael, Z., 2004, The Law-Making Process

Wednesday, October 23, 2019

Narendra Modi

Corruption is a deep rooted social evil in our country. From the common man to the administrators all are subjects of this anti social activity. Rightful place of wealth is which is supposed to go towards development of society is diverted by some individuals to meet their desire for wealth for fulfillment of personal needs. Technology can help but the mind set of the people should change. You must be thinking while I am here to talk about how technology will help in curbing corruption but I am liking about changing mind set of people. Studies reveal that close monitoring and timely correction of individuals behavior can bring positive change.Yes! What you are thinking is right! Cameras can be placed in the work environments to monitor correct behavior. We require this technology to be installed especially where the key responsible authorities work in our country at all levels of government. We need to curb this from grass root level. Secondly, for the transparency purpose, uploading the Information on the internet for public usage. For your information friends there is an act called â€Å"right to information act† 2005 As per this act every Indian citizen has right to have public information.Making people accountable for their respective jobs . Now the question is how can we make people accountable using technology E governance†¦.. Is the buzz word†¦Ã¢â‚¬ ¦. Which our respected Prime minister Shari Neared Mood xi is implementing in India. We should have integrated systems to view the work done by various departments in the organizations. Banks and markets dealing with substitutes of money or goods would have integrated systems so that any unusual behavior of the customer or trader is notified and kept under control.Need of the hour is to question the authorities if any corruption is prevailing in a particular department. Every Indian citizen should use the technology to help society build a corruption less society. If you encounter any such in cident , report to the authorities and provide evidence by using your cell phone voice recorder, cell phone cameras etc. Julian Ganges has created sensation in the world through wick leaks by providing evidences against IIS government Farmer tit passion and dedication grows crops, does he leave the weeds along his payday field†¦Ã¢â‚¬ ¦.. Narendra Modi Corruption is a deep rooted social evil in our country. From the common man to the administrators all are subjects of this anti social activity. Rightful place of wealth is which is supposed to go towards development of society is diverted by some individuals to meet their desire for wealth for fulfillment of personal needs. Technology can help but the mind set of the people should change. You must be thinking while I am here to talk about how technology will help in curbing corruption but I am liking about changing mind set of people. Studies reveal that close monitoring and timely correction of individuals behavior can bring positive change.Yes! What you are thinking is right! Cameras can be placed in the work environments to monitor correct behavior. We require this technology to be installed especially where the key responsible authorities work in our country at all levels of government. We need to curb this from grass root level. Secondly, for the transparency purpose, uploading the Information on the internet for public usage. For your information friends there is an act called â€Å"right to information act† 2005 As per this act every Indian citizen has right to have public information.Making people accountable for their respective jobs . Now the question is how can we make people accountable using technology E governance†¦.. Is the buzz word†¦Ã¢â‚¬ ¦. Which our respected Prime minister Shari Neared Mood xi is implementing in India. We should have integrated systems to view the work done by various departments in the organizations. Banks and markets dealing with substitutes of money or goods would have integrated systems so that any unusual behavior of the customer or trader is notified and kept under control.Need of the hour is to question the authorities if any corruption is prevailing in a particular department. Every Indian citizen should use the technology to help society build a corruption less society. If you encounter any such in cident , report to the authorities and provide evidence by using your cell phone voice recorder, cell phone cameras etc. Julian Ganges has created sensation in the world through wick leaks by providing evidences against IIS government Farmer tit passion and dedication grows crops, does he leave the weeds along his payday field†¦Ã¢â‚¬ ¦..