Issues with Business-to-consumer E-commerce

Issues with Business-to-consumer E-commerce Introduction: The long-term prosperity of business-to-consumer e-commerce depends upon the existence of consumers confidence and the availability of adequate supporting legal framework with effective means of enforcement. Because of the technological development e-commerce industry is growing with enormous speed. Majority of consumers prefer to buy products online and make electronic transactions with companies situated outside their national boundaries. The expansive use of e-commerce and the existence of complex legal framework necessitate that efforts should be made to introduce new means of enforcing Business to Consumer e-contracts and disputes resolution across state borders. This research work will mainly concentrate upon the existing issues in enforcing business to consumer e-contracts across national borders. These include the issue of jurisdiction, the issue of applicable law and the issue of enforcement. Furthermore it will evaluate thoroughly the need for new means of disputes resolution in cross border B2C e-commerce transactions. It will further assess the potentials of B2C e-commerce disputes resolution through internal complaint handling mechanism and direct contact with business. It will also evaluate the Alternative Dispute Resolution mechanisms, such as facilitative ADR, Advisory ADR, Determinative ADR, Combined ADR etc and will recommend how these forms of disputes resolution can be effectively implemented on national level and to be of binding nature. basic principle such as equality, fair treatment, affordability, Awareness about the ADR principles, accessibility to ADR mechanism, finality and rapidness of ADR process, and objectives of ADR. The research work will further analyse the concept of ADR in legal perspective and will suggest that what efforts should be made on international, regional and national level to promote the use and development of ADR, particularly in disputes arising out of cross-border transactions. It will take into consideration various legislative and other legal instruments i.e. European Union Directive on Electronic Commerce, OECD E-commerce Guidelines, European Commission Recommendations 1998, European Commission Recommendations 2001, International Chamber of Commerce best practices, ADR Guidelines 2003, International Consumer groups and International Businesses groups, and EEJ-NET etc and will suggest if necessary amendments are needed. The research work will also focus on the current obstacles in the expansion of ADR mechanism, such as unawareness of businesses and consumers of ADR process and its benefits, Lack of trained and educated specialist in dispute resolution, cultural and linguistic issues Due to cross-border nature of e-commerce, and jurisdictional and procedural issues resulting from the multi-national nature of e-commerce etc. Moreover this research will propose certain recommendations that how the current obstacles may be removed to paved a way for an effective dispute resolution system, compatible with the need of time, such as making of legislation on international, regional and national level to determine the issue of jurisdiction, applicable law and enforcement of judgement, making efforts by the governments to create awareness and educate people about the effective means of enforcing their rights and resolving disputes, the creation of independent bodies and institutions on international, regional and national level to deal with e-contracts enforcement and disputes resolution, the encouragement of both traditional and modern mechanisms of disputes resolution, the availability of internal complaint handling department in every business etc. Aim and objectives: The main aim of this study is to evaluate the existing issues in cross-border Business-to-Consumers ecommerce transactions. Specifically the research focuses on judicial obstacles, such as the issue of jurisdiction, applicable law, and enforcement. This study further suggests that what could be the best alternatives to address these issues and increase consumers confidence in online shopping. Hypothesis: According to my hypothesis the following are the main issues inherent in resolving business-to-consumers cross-borders ecommerce disputes. Issue of jurisdiction: The first and the most important issue in B2C ecommerce dispute is the issue of Jurisdiction. When a consumer in one country purchase a product online in another country and subsequently a dispute arises between the parties and consumer wants to seek judicial remedy, than in such case a question arises that which court is having territorial jurisdiction to entertain the matter. Applicable law: The matter of applicable law in ecommerce is another considerable issue. It is very difficult to determine that under which legal system or under what law the matter should be dealt with. Issue of enforcement: The issue of enforcement also needs to be addressed. In resolving business-to-consumers ecommerce dispute it is unclear that how and where the judgement may be enforced. Literature review: Literature review literally means a review of whatever has already been written by different scholars about the existing research topic, and than to demonstrate that the existing research is deficient and needs some supplementing. In todays advance technology the use of ecommerce is increasing. â€Å"Between 2004 and 2008, in EU the use of shopping through internet increased from 22% to 34%. In the UK in 2008, 57% consumers did online shopping, in Germany, Denmark and Netherlands the figure remained above 50%. In Estonia, Cyprus, Greece, Italy and Portugal the figure was respectively 10%, while in Romania and Bulgaria it was about 4%†. Although e-commerce is increasing at national level, it is still comparatively unusual for consumers to participate in cross-borders transactions. Consequently the gape between interstate and cross-border e-commerce is expanding. From 2006 to 2008, in EU the figure of online consumers increased from 27% to 33% while cross-border e-commerce remained still at 6% to 7%. On national level â€Å"laws that apply to traditional or off line commerce apply equally in an electronic environment. For instance laws governing business incorporation, registration, taxation, consumer protection, deceptive advertising, product safety and standards, criminal code, inter-provincial trade treaties, intellectual property and liability apply on the internet†. But when the matter goes beyond the territorial boundaries and involves another state than the situation changes completely and gives rise to uncertainty and ambiguity. In an ordinary civil matter the territorial jurisdiction of civil court may be determined on three factors i.e. where the parties reside, where the cause of action arises or where the property is situated. But when any dispute arises out of any electronic transaction that takes place across national borders, the first question arises that which court is having jurisdiction to entertain the matter. So it is very difficult to decide the jurisdiction and competency of the court. For instance, it is if an issue arises out of cross-border e-commerce transaction and the consumer wants to seek judicial remedy than in that case whether the court of consumers country will entertain the matter or it will come under the territorial jurisdiction of the court where the business is situated. According to Scott Cooper, â€Å"in resolving cross-border complaints it is very difficult to determine the matter of jurisdiction. Consumers are confident to resort to the courts of the countries where the businesses are based and in return the businesses will not be keen regarding trans-border transactions that could subject them to the reach of every country where there online customers resides†. Scott Cooper further states that â€Å"different levels have been established by different governments to protect and enforce consumer rights, but there are no international documents or agreements to determine the fact that which country is having jurisdiction to deal with cross-border B2C dispute†. Furthermore it is also very difficult to determine that under which legal system or under what law the matter should be resolved. There is no apparent legislation to conclude that whether the law of consumers state will apply or the matter should be governed by the law of the state where the business is based or it should be dealt with by an international legal system on uniform basis irrespective of geographic location. Similarly it is also unclear that how and where the judgement regarding the subject matter may be enforced. According to Chin Eang Ong â€Å"in a traditional marketplace, consumers knows means of enforcing their rights, but in electronic marketplace in an online transaction, delegating liability and providing access for redress might be a problem for consumers. A transaction is curable when it takes place within a single jurisdiction i.e. access to local court, but e-commerce is borderless and recourse to courts in any cross-border electronic transaction is complicated by difficulty jurisdiction over such dispute and the applicable law†. According to Mohamed S. Wahab because of technological advancement transactions are taking place in an online environment across national borders, where disputes are inevitable. Some of these disputes are unique to the e-commerce environment. Therefore it needs an effective mechanism of dispute resolution. Keeping in view the existing obstacles in resolving business-to-consumer cross-border e-commerce disputes resolution it is inevitable to consider substitute means to protect the rights of the parties and encourage them to participate in cross-border e-commerce. Some international and regional organizations have proposed that cross-border e-commerce disputes should be resolved through internal complaint system. For instance â€Å"the OECD ecommerce guidelines†, â€Å"the UN guidelines†, and â€Å"the Asia Pacific Economic Co-operation Voluntary Online Consumer Protection guidelines† recommend the establishment of fair, effective and transparent internal mechanisms for businesses and consumers representatives in order to address consumer complaints and resolve their queries in fair and timely manner without imposing undue burden or cost upon consumers. When dispute between the parties can not be resolved through internal complaint handling mechanism than the parties should be given access to Alternative Dispute Resolution, as it can offer timely, efficient and cost-effective instrument to resolve cross-border disputes. Alternative Disputes Resolution is a mechanism other than judicial determination, whereby disputes are resolved through the medium of impartial third party by adopting different ways and means. When ADR takes place through internet than it is called Online Disputes Resolution. There is an extensive choice of ADR mechanisms. The most commonly used mechanisms are â€Å"arbitration†, â€Å"mediation† and â€Å"negotiation†. National Alternative Dispute Resolution Advisory Council (NADRAC) uses the term ADR in a broader sense. According to NADRAC submission â€Å"ADR mechanisms is consist of facilitative ADR, advisory ADR, determinative ADR, and some time the combination of these mechanisms†. According to UN report, the main challenge in e-commerce industry is how to resolve cross-border e-commerce disputes. Traditional methods of resolving disputes may not provide an efficient and effective remedy; therefore there is a need for considering alternative means that would provide speedy and cost efficient redress to the parties. Dr. Moira Patterson has adopted the same view. She states that there are two issues involved in e-commerce i.e. which law should govern cross-border transaction and that such transactions should either be subjected to national laws or should be dealt with by international instruments. In such circumstances Alternative Disputes Resolution offers a cost-effective and speedy solution through the medium of third party. According to Lilian Edwards and Caroline Wilson, â€Å"Online Dispute resolution introduces very powerful and efficient tools for dispute resolution and increases access to redress mechanisms. ODR is an efficient, fast, and cheap way of dispute resolution, Court costs are beyond the means of most consumers and takes twenty to thirty months, while ODR process may take few hours or days†. To look at the concept of Alternative Disputes Resolution in legal perspective, efforts have been made on international, regional and national level to encourage the use and development of Alternative Dispute Resolution, particularly in disputes arising out of cross-border transactions. But they do not have any binding effects. It is a discretionary option for the states to apply and adopt them in their national laws. For instance, Art 17 of the EU Directive on Electronic Commerce deals with out-of-court dispute settlement. â€Å"The Article imposes responsibility upon member states to support those bodies that are responsible for out-of-court disputes settlement of consumer to operate in a way which provides sufficient practical guarantees for the concerned parties. And that the member states shall ensure that their legislation does not obstruct the use of out-of-court methods, accessible under the state law, for dispute settlement†. According to OECD E-commerce Guidelines, â€Å"consumers should be given access to fair and timely ADR and remedy without undue cost or burden. And that Businesses, consumer representatives and governments should work jointly to continue to use and develop just, efficient, and transparent self-regulatory and other strategies and measures, including ADR mechanisms, to address consumer complaints and resolve their disputes arising out of Business-to-consumer electronic commerce in cross-border transactions†. Similarly the European Commission issued recommendations in 1998 which prescribes principles of independence, transparency, adversarial proceedings, effectiveness, legality, liberty, and representation for out-of-court consumers disputes settlement. Furthermore â€Å"Recommendations issued by European Commission in 2001 governs out-of-court procedures which lead to a settlement between the parties by common consent. It prescribes four principles i.e. impartiality, transparency, effectiveness, and fairness of procedure in-order to encourage consumers confidence in e-commerce and to ensure easy access to practical, effective, and inexpensive means of redress†. Moreover the International Chamber of Commerce has issued best practices for ODR. It provides guidance for online businesses and for ODR providers. It encourages businesses to resolve consumer disputes through the medium of Online Disputes Resolution mechanism when the matter can not be resolved internally. ADR Guidelines 2003 agreed between Consumers International and the Global Business Dialogue on Electronic Commerce. â€Å"These guidelines prescribe recommendations for ADR providers on impartiality and qualification of personnel, accessibility and convenience, speed, cost, transparency, representation, applicable rules and consumer awareness. It also recommends to governments to address international rules on jurisdiction and applicable law and to adopt different measures to promote increased use and development of ADR†. Methodology: In research methodology I will pursue triangulation method by adopting both quantitative (questionnaires) and qualitative (interviews) research methodologies. The main reason behind using various methods of research is that â€Å"it facilitates the validation of data through cross verification from more than two sources. In particular it refers to the application and combination of several research methodologies in the study of the same phenomenon†. Sampling: In selecting my respondents I will use both probability sampling method and non-probability sampling method. In probability sampling method I will choose my respondents from a list of potential people that I will use for primary data collection. Such list will be obtained from an existing database of a research organization such as IPSOS MORI. In non-probability sampling method I will question or interview any one who is available. This method is very quick and cost efficient. Method of data collection: For collecting primary data I will use two methods, which are questionnaire and interviews. I will also consult a research organization such as IPSOS MORI, for collecting data for my research work. Questionnaire: For collecting data through questionnaires first of all I will select my target group to be examined through questionnaire. For this purpose I will adopt probability and non-probability sampling methods as mentioned above in sampling section. For questionnaire distribution I will use three methods i.e. sending emails, using postal services and onsite distribution by going to particular places i.e. supermarkets, travel centres to distribute the questions among randomly selected individuals. I will also get in touch with various businesses that are involved in cross borders E-commerce and will analyse their procedure for resolving B2C E-commerce disputes through the medium of questionnaire and conducting interviews. In current research work I have conducted a pilot research to make sure that the questions that will be asked in my actual dissertation are answerable and that the methods that will be used are workable in practical sense. I have distributed 50 questionnaires among the students in Bradford College. The response of the participants was very high and positive. The questions used in questionnaires were quite simple, which I will improve further by making amendments and improvements in my dissertation stage. A sample of questionnaire is attached at the end of this research proposal in appendix 1. Interviews: Interview is the most popular technique of qualitative research. It is very useful because of its flexibility, both in terms of content and time and can be tailored to suit the research questions, respondents, and the researchers own life style much more effectively. The use of interview can help the researcher to gather valid and reliable data that are relevant to the research question and objectives. For collecting data I will use face-to-face interviews, as it is a useful method of data collection and is used by most of the researchers because body language and emotions of the participant can also be studied which is a fundamental factor for a qualitative researcher. I will also use phone interviews and e-mail interviews. Interview will be semi structured and unstructured, and the questions may either be already prepared on a peace of paper or they may be generated during the interview process. There will be in-depth interviews with the participants in order to collect as much information as possible regarding the research topic. If the participants are having any difficulty in understanding the questions I will clarify and explain the question. I can also use opinion poll method to find out public opinion, by making a random selection from the general public. In my current research proposal I have interviewed 15 people in order to check the response and effectiveness of conducting interviews. The response I got from the participants was high but the result obtained from interviews was different from questionnaire although the interview questions were almost similar to the questionnaires. In order to get similar results I will make changes in interview questions to improve the quality and response rate and to make it more attractive for the respondents. A summary of interviews is attached at the end of this proposal in appendix 2. Secondary Data: I will also use secondary data in my research work. In order to conduct my research work effectively I will use different library services to access books, scholarly articles, journals and magazines relating to the research topic. For collecting relevant data I will use internet to access online libraries, electronic books and other online materials. I will also make efforts to study case law in the field of E-commerce to find out that how the courts deal with the matters and to look at the courts procedure about resolving e-commerce disputes and will compare them with out of court settlement methods. Data analysis: Data analysis is a continuous procedure during the whole research. The analysis starts from the point where the researcher and the participants are in close relation for the first time during a research process. For data analysis previous knowledge and experience of the researcher is of vital importance in order to get effective results. Data analysis is an important part of the research, where the researcher prepares the data for analysis. Once a data is analysed it is interpreted and than converted into a final report. The traditional methods of data analysis are now replaced by computer software available in the market. As I have selected questionnaire and interview as my primary data collection process, therefore the questionnaire and interview questions will be prepared in such manners that the acquired result obtained from them is valid and reliable, so that the same results can be gained when the research is repeated subsequently. Triangulation method is used in this research methodology because the data collected can be compared from different angles to get the accurate results for the research. Conclusion: After a detailed study of e-commerce and the existence of certain problems i.e. problem of jurisdiction, applicable law and enforcement of judgement, it is therefore apparent and inevitable for building up consumers confidence and e-commerce development that new means of enforcing B2C e-contracts should be adopted. As obvious from the literature review there are no uniform legal principles and legislation on international, regional and national level regulating disputes arising out of e-commerce transaction that takes place across state-borders. There are no binding principles to compel the parties to perform their part of obligation. Similarly literature review further indicates that efforts have been made by different governments and organizations to escalate the problem of enforcing B2C e-contracts and to resolve disputes that arising out of cross-border transaction, but they are only guidelines and voluntary principles of non-binding nature. Although new means of enforcing B2C e-contracts and disputes resolution across state borders are in practice i.e. ADR/ODR, but there are a number of obstacles in developing these mechanisms, such as non-awareness of consumers about ADR, non-availability of independent ADR practitioners, linguistic and cultural differences, distance between the parties. All these barriers need proper and positive response from governments, different organizations and private sector. New ways and means need to be introduce in order to increase consumers confidence in cross-border e-commerce because traditional means of dispute resolution such as court proceedings and other administrative actions are very expensive and time consuming, particularly in small value claims. Therefore it can be concluded that to resolve cross-borders e-commerce disputes it is inevitable to adopt, strengthen and support new means of disputes resolution on international, regional and national level to provide an effective, timely and cost-effective system to build up consumers confidence and develop e-commerce. References Lee, N., Lings, I. (2008) Doing Business Research, A Guide to Theory and Practice. SAGE Publications, 2008, p80 Commission Of The European Communities, Report on cross-border e-commerce in the EU, Commission Staff Working Document, Brussels, 5.3.2009, SEC(2009) 283 final, p5 Commission Of The European Communities, Report on cross-border e-commerce in the EU, Commission Staff Working Document, Brussels, 5.3.2009, SEC(2009) 283 final, p6 Key e-commerce Regulatory Issues, An EBC Guide to Taxation, Security and Privacy, E-export and Legal Issues Commission Of The European Communities, Report on cross-border e-commerce in the EU, Commission Staff Working Document, Brussels, 5.3.2009, SEC(2009) 283 final, p5 Commission Of The European Communities, Report on cross-border e-commerce in the EU, Commission Staff Working Document, Brussels, 5.3.2009, SEC(2009) 283 final, p5 Ong, C.E. (2003) B2C E-commerce Trust in Redress Mechanism (Cross Border Issue) Monash University, Bandar Sunway, Petaling Jaya, Malaysia A new Dawn for dispute resolution, the Global Information Society and online dispute resolution, 9/21/2006, Muhammad S. Wahab OECD Guidelines for Consumer Protection in the Context of Electronic Commerce (1999) United Nations Guidelines for Consumer Protection, United Nations New York, 2003 Asian-pacific, Advancing Free Trade for Asia-pacific Prosperity, Economic Cooperation, Electronic Commerce Steering Group The term Arbitration refers to a process or a legal technique whereby a dispute is resolved outside the court through the medium of arbitrators. This mechanism is very useful in resolving disputes arising out of international commercial transaction. Mediation is a process whereby an impartial third party facilitates communication between consumer and business. Mediator tries to enable the parties to reach a settlement. Negotiation is an interaction of influences. It includes the process of resolving disputes, agreeing upon courses of action, bargaining for collective or individual advantage, or crafting outcomes to satisfy various interests. Submission on ADR in e-commerce, by National Alternative Disputes Resolution Advisory Council, p2 E-commerce and Development Report, 2003, United Nations Conference on Trade and Development, Internet edition prepared by the UNCTAD secretariat, United Nations, New York and Geneva, 2003, UNCTAD/SIDTE/ECB/2003/1 Dr. Patterson, M. (2001) An Australian Free Trade Agreement- Opportunities Challenges, Hyatt Hotel, Canberra, Session 4b, Infoeconomy issue, E-commerce Law, Law School Monash University Edward, L., Wilson, C. (2006) Redress Alternative Dispute Resolution in Cross-Border E-commerce Transactions, Briefing Note, IP/A/IMCO/IC/2006-206, p3 Directive 2000/31/EC of the European Parliament and the Council of June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce), Article 17 OECD Guidelines for consumer protection in the context of electronic commerce, p 18 98/257/EC: Commission Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes, official journal of European Communities Commission Recommendations of 4 April 2001 on the principles for out-of-court bodies involving in the consensual resolution of consumer disputes, Official Journal of European Communities ICC best practices for Online Disputes Resolution for B2C and C2C transactions, Department of policy and business practices, commission on e-Business, IT and Telecom Alternative Dispute Resolution Guidelines, May, 2003, Agreement reached between Consumers International and the Global Business Dialogue on Electronic Commerce Bogdan, R.C. Biklen, S.K. (2006) Qualitative Research in Education: An introduction to theory and methods, Allyn Bacon Lee, N., Lings I. (2008) Doing Business Research, A Guide to Theory and Practice, SAGE Publications, p 217 aunders, M et al. (2007) Research Methods for Business Students, Prentice Hall, 4th Edition, p310

Use of Mise en Scene in the Chen Kaiges Movie Yellow Earth :: Movie Film Essays

Use of Mise en Scene in the Chen Kaige's Movie Yellow Earth The movie Yellow Earth by Chen Kaige utilizes mise en scene to encompass the full power of the messages that are being sent throughout the movie. By allotting the abundant use of mise en scene instead of montages, the audience is better able to grasp the in depth of the struggles in the film. Using montages would take away from the surroundings, due to the quick shots adding various scenes together to create a meaningful message, which would be lost in the editing. Most audiences would never grasp the overwhelming landscape unless seen in a continuous mise en scene shot. When the soldier (Gu) helps Hanhan and the father plow the fields, the audience gains a sense for the surroundings. We are better able to understand how the surroundings may be a haven of sorts, yet at the same time act as the entrapment that these people have to cope with. The land is magnificent and imposing, giving a sense of space and freedom, yet at the same time completely trapping the people in a noman’ s land, with no way out. The land provides for its people, yet at the same time they are its mercy. (Rottentomatoes.com) One of the most powerful scenes in the movie, is when Qiaocui learns the plans for her wedding. The scene is introduced with the father talking to a woman, Qiaocui enters the house and the woman leaves. The shot encompasses both father and daughter as the father tells Qiaucui about her upcoming wedding. As he continues to talk the camera focuses on Qiaucui – even though her father is the speaker. This is an overwhelming moment for the girl, which we are able to see through the reaction in her eyes. The continuous shot of only Qiaucui allows the audience to understand the depth of her disappointment and suffering. This is a vital moment in her life, and thus allowing the focus to fully encompass her reaction gives her reaction that much more power.

Philosophy 110: Seth Bordner’s Article “Berkeley’s ‘Defense’ of ‘Commonsense’ Essay

As Seth Bordner states â€Å"Berkeley is either foolishly optimistic or knowingly dissembling, but (nearly) everyone agrees his is no defense of commonsense†. (Bordner, â€Å"Berkeley’s ‘Defense’ of ‘Commonsense’. â€Å") An appropriate starting point for Bordner’s article â€Å"Berkeley’s ‘Defense’ of ‘Commonsense’,† Bordner is an Assistant Professor who specializes in the history of modern philosophy, especially the British Empiricists. He received his Ph. D. from the University of North Carolina and has based a large portion of his work on Berkeley theories. What Bordnar so valiantly attempts, is to give the reader a better understanding Berkeley. To help one comprehend exactly what his stance was, or what he was trying to accomplish with his defense of commonsense and also he goes about defending it. At the end of the article one might have a little bit more clarity into the highly criticized and complex theories of Berkeley. Bordner also gives us the criteria as to which we will better understand Berkeley’s theories. Thus clearing up any misinterpretation or misunderstanding of Berkeley’s work. He later goes on to explain the validity or lack thereof of his critics. Berkeley’s theory definitely has many critics, and Bordner gives us a look into all of them. John Locke, who believed in Materialism and was an opponent of Berkeley’s Idealism, Jonathon Bennet, who would refer to Berkeley’s work towards commonsense objects as, disrespectful. Bordner dwells into George Pappas’s Propositional account, as well as John Russel Roberts Religious Image, and their explanation of how far off Berkeley is with his defense of commonsense. Berkeley’s opponents were labeled as atheists, skeptics, and of the â€Å"learned† component in society. The sort of, for lack of a better term, free thinker types who would galvanize the world which Berkeley worked so tirelessly to protect. Bordner goes deep into the opposition which Locke provided against Berkeley’s theories. Locke was supporter of Materialism. He believed that we naturally recognize the qualities of bodies that materialize to our senses with the real qualities of the bodies themselves that appear. We attribute to these real qualities the same existence we attribute to the bodies themselves. An existence different from the external to and independent of the existence of our opinion of them, an existence that shall continue even when no perceptions of them exist. Contrary to this, Berkeley was a strong proponent of Idealism. He was of the stance that one should trust their senses, that things we feel and see are real and that what we perceive to exist really does exist. Locke represents the â€Å"Learned† part of society which Berkeley openly detests. As Bordner states â€Å"Materialist philosophers are, as it were, vectors of a dangerous intellectual disease. † (Bordner, â€Å"Berkeley’s ‘Defense’ of ‘Commonsense’.†). It was these types that would discount commonsense as merely an afterthought to the established views of philosophical principles. It was Berkeley’s fear that if the Materialistic ideas of Locke became widely accepted, that the â€Å"Vulgar† or majority would become jeopardized. That the common folk, those who do not have the wherewithal to question the legitimacy of Locke’s theories and that they would widely accept it as the truth. Berkeley fears were that eventually if the vulgar would become skeptics, which would lead to the questioning of religious beliefs, or worse atheism amongst the masses. So as an educated man, Berkeley’s response when met with a stance of which he could not agree with, he would flat out reject it. â€Å"I agree with you. Material substance was no more than a hypothesis and a false groundless one too. I will no longer spend my breath in defense of it. † (Berkeley). Berkeley continuously favors the Vulgar throughout his defense. They represented the know nothing type, who rarely if ever thought outside the box. The common man who lives in a world less complicated. They are less of a threat, the uneducated, and the ones who would not doubt his theories or become unstable. According to Berkeley, he would have us believe that it was the vulgar were privileged group in society. He consistently sides with the vulgar throughout his defense, paints them as immature fools who are at an advantage when compared to the learned. The sort of people who could not see beyond what is right in front of them, without having the competence to seek a deeper truth. They lived in a simpler world, a world in which Berkeley’s commonsense argument was able to thrive if widely acknowledged as truth amongst the masses. Berkeley also believed that the language used by the common man was simpler. That it was developed â€Å"by and for the use of the vulgar. † (Berkeley). He frequently makes reference to the vulgar as naive to the real world, that they have no capability of being of sound mind nor do they possess the skill set to question what the learned portion of society might. They show lack of interest in speculation, because as he says â€Å"to them nothing that’s familiar appears unaccountable or difficult to comprehend. They complain not of any want of evidence in their senses, and are out of all danger of becoming skeptics. † (Berkeley, Introduction to the Principles, Works 2:25. ) When applied to a modern day situation, Locke and Berkeley would represent the powers that be. This could be in the form of political party alliances, corporate interests, or perhaps religious ties. What Berkeley saw in the Vulgar was a chance to control the majority, or the masses. It’s his goal to grab our attention and make us believe in what he is selling, campaigning on, believes in and so forth. As consumers, lost souls, or right/left wing types we will follow in accordance to what we can attach ourselves to. That we are too simple to make just and strong decisions based on our own aptitude. So by gaining our allegiance Berkeley could control us with fear and unwillingness to question his unmatched intelligence. This is what Locke represents to him. Locke brought unrest to his world. The idea of chaos amid the masses did not sit well with Berkeley. Locke did not deem the theory that â€Å"the vulgar naturally and unreflectively believe that the perceived world is the real world. † (Bordner) to be absolute. Berkeley’s theories could be characterized as monotheist. Sure, at the time of his writing his defense of commonsense there would have been a few detractors with regards to this. But when applied to a modern world, that would not be the case. The multitude of religions and belief systems would conjure up a different sort of debate. Roberts’s critique, although flawed by Bordner’s accounts, does bring into account the basis of religion. He acknowledges that those in agreement with Berkeley would knowingly acknowledge a presence of higher spirit, and/or God. When one becomes more familiar reading about Berkeley, you would become more aware of his agenda and reasoning for writing his defense. Berkeley would have a much more difficult time engaging the modern world, a world which is free of religious constraint and open to a more globalized view of religion. Berkeley was of the thought that God was needed to cause our sensations. That without him, one could not embark truly into the idea of commonsense. Berkeley himself was commonly known at the time as Bishop Berkeley. He wished to always include God in his discussions and one would also have to be of the same mindset to wholeheartedly accept his argument of commonsense. Obviously, thus lending to the idea of why Berkeley was in such opposition of scientific views and reasoning. The learned part of society was of sound mind and in a position to undermine such thoughtlessness as the commonsense theory. It’s as though he was working as a missionary, approaching the common man with his crude suggestions of commonsense and that the belief in God will guide one to enlightenment. Berkeley seems to be ignorant to the world around him. With a Eurocentric Holistic perspective he sought out those who opposed him or questioned God. And as a member of the clergy it is undoubtedly safe to say that his view of the world was swayed in the interest of the church. Thus not reflective of someone the philosophical community would openly accept as representing truisms nor worthy of non-speculative minds. By attacking the learned or educated in his world he was openly inviting skepticism from the established minds within the world of philosophy. His out of nowhere thinking and drastic change in theoretical analogy was bound to have enemies. Berkeley would go on to openly contradict himself in further writings, in letters to Percival and his dialogues that would later surface, creating even more questions about his thought process when writing his defense. He himself creates doubt about his true intent and how strongly he believes in his own defense. In closing it might be said that Bordner did a commendable job in his attempt to help the reader understand and grasp the concepts of Berkeley’s Defense of Commonsense. But what he did not do and what many still fail to do is have a true understanding of intent. Berkeley was obviously an intelligent man, but ones whose interests were swayed by both religion and obvious personal gratitude. One may never know truly if he was a believer in his own theories or if they were mere propaganda, established to control the masses and to settle unrest. Nonetheless his theories and work were groundbreaking, well thought out, and persuasive. And to this day create intriguing discussions amongst both the educated and the vulgar alike. Works Cited Berkeley. (n. d. ): Dialogues 2:182. —. â€Å"Dialogues 2:229. † (n. d. ). —. â€Å"Introduction to the Principles, Works 2:25. † (n. d. ). Bordner. (n. d. ): 322. —. â€Å"†Berkeley’s ‘Defense’ of ‘Commonsense’. â€Å". † Journal of the History of Philosophy (2011): 321.

How to Write a Paper on Leadership

How to Write a Paper on Leadership If you are at a loss with your assignment of writing a paper on leadership, you can look through an example, given below, so as to catch the essence of these papers’ writing. The topic of leadership and management always receives a lot of attention in the literature and a lot of previous studies were dedicated to distinguishing these two notions. It is not a new hypothesis, but the strongest and most obvious difference between leader and manager is the nature of this quality. Manager is the capability that can be developed through personal experience and theoretical education, while leadership is a talent that is either given to a particular individual or not. Numerous programs, methods and technologies were developed in order to facilitate management skills, but what can be done to improve leadership skills? Leadership cannot be taught, as any other talent that we get from the beginning of our life. Still, leadership could be further developed and transformed into something more controllable and consistent. What is required from a successful leader? We strongly believe that to become a successful leader it is important to understand your advantages and disadvantages and use this knowledge to motivate and lead people. One of the most complicated tasks of the leader is to obtain management skills that would potentially add discipline and structure in the leading process and communication between the leader and his followers. Based on my personal observation and analysis, successful leader, apart from direct leading skills, has to have several major characteristics, such as flexibility, ability to listen, and ability to receive and provide proper feedback.

Penny Press - One Cent Newspapers

The Penny Press was the term used to describe the revolutionary business tactic of producing newspapers which sold for one cent. The Penny Press is generally considered to have started in 1833, when Benjamin Day founded The Sun, a New York City newspaper. Day, who had been working in the printing business, started a newspaper as a way to salvage his business. He had nearly gone broke after losing much of his business during a  local financial panic caused by the cholera epidemic of 1832. His idea of selling a newspaper for a penny seemed radical at a time when most newspapers sold for six cents. And though Day merely saw it as a business strategy to salvage his business, his analysis touched upon a class divide in society. Newspapers that sold for six cents were simply beyond the reach of many readers. Day reasoned that many working class people were literate, but were not newspaper customers simply because no one had published a newspaper targeted to them. By launching The Sun, Day was taking a gamble. But it proved successful. Besides making the newspaper very affordable, Day instituted another innovation, the newsboy. By hiring boys to hawk copies on street corners, The Sun was both affordable and readily available. People wouldn’t even have to step into a shop to buy it. Influence of The Sun Day did not have much of a background in journalism, and The Sun had fairly loose journalistic standards. In 1834 it published the notorious â€Å"Moon Hoax,† in which the newspaper claimed scientists had found life on the moon. The story was outrageous and proven to be utterly false. But instead of the ridiculous stunt discrediting The Sun, the reading public found it entertaining. The Sun became even more popular. The success of The Sun encouraged James Gordon Bennett, who had serious journalistic experience, to found The Herald, another newspaper priced at one cent. Bennett was quickly successful and before long he could charge two cents for a single copy of his paper. Subsequent newspapers, including the New York Tribune of Horace Greeley and the New York Times of Henry J. Raymond, also began publication as penny papers. But by the time of the Civil War, the standard price of a New York City newspaper was two cents. By marketing a newspaper to the widest possible public, Benjamin Day inadvertently kicked off a very competitive era in American journalism. As new immigrants came to America, the penny press provided very economical reading material. And the case could be made that by coming up with a scheme to save his failing printing business, Benjamin Day had a lasting impact on American society.

Standardized Testing Is An Important Part Of Our Modern...

Standardized tests are part of every student’s life but not for a good reason. These tests haunt students in their sleep and give them a nightmare. To understand what I am writing just study your kid on the week of standardized tests. One can see the fear, anxiety and helpless in their eyes. Standardized testing has become an important part of our modern education. There is not an American student who doesn’t sit down these test many times a year in their educational journey. These tested are heavily monitored, they are supposed to measure students’ knowledge and performance. However, there are may problems with standardized tests, including bais, anxiety and not inclusive. Nevertheless, how effective are these tests? Do they really measure knowledge? Many scholars have talked about the role of standardized tests in students performance. The answer is no. Standardized tests do not measure student s education or knowledge. The topic of standardized testing is comp lex in that it provokes a system that has been established for a long time and that is used by every college and school in United States. Many people believe that standardized tests are biased and aren’t inclusive while others argue that they are effective in testing student’s knowledge. This topic also proposes a big change to our educational system. Even Though standardized tests make competition among students and schools possible and may be evident of what they learned, these testing organizations makingShow MoreRelatedThe Importance Of Standardized Testing In Education1140 Words   |  5 PagesThe standardized test has become the staple of the United States K12 education system. Students at all levels are routinely tested, and schools evaluated based on the scores. It’s easy to look at this as a necessary part of the system, a needed way of assessing both school and individual student performance to ensure quality across all schools. 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Business Strategy of Aurecon Porter-Free-Samples for Students

Question: How can Aurecon improve its stakeholder management Specifically customer needs in order to ultimately increase market share? Answer: Aurecon Singapore Aurecon Singapore has been offering its services to the high-end market. however, it is now considering ways in which it can increase its market share for its services. This section seeks to analyze Aurecon Singapore in relation to its business-level strategy, corporate level strategy and innovation while concentrating its service industry. In order to gain a bigger market share, Aurecon Singapore has to change or improve its strategies. This is achievable through an analysis of the present current market strategies and align them with the desired goal that is, to increase its market share for its services. Business level strategy The analysis is done using the porters generic strategy diagram which is as shown below: - Aurecon porters generic strategy diagram Competitive advantage Lower cost Differentiation Competitive scope Broad target Cost leadership Differentiation Narrow target Cost focus Differentiation focus Currently, Aurecon Singapores business strategy focusses on two levels of strategy for its services products. First is differentiation through high cost and high value while the second is broad market through provision of a wide range of services. Aurecon Singapore, provides a wide range of services for example advisory, design, delivery and asset management services (Schatz, 2014). All this is done through the help of their highly trained and experience staff. The two strategies have enabled Aurecon Singapore compete well in a competitive environment. Through its richness of expertise, it has been able to provide services to the high-end market through its high-value product which attracts a high cost. The excellence of Aurecon Singapore has also been achieved through engaging in a wide market range hence fetching profits from different channels (Bird, 2017). The two strategies are perfect although sometimes a very wide range of products and markets may lead to confusion. Instead of further diversifying or increasing its product range, the next best move can be to adopt another strategy which does not collide with its current one. The adopted strategy must be in line with its vision which is Innovative provides high-quality services. Having this in mind the suggestion is maintaining its differentiation strategy but now focus on lower cost. Since the organization has been concentrating on high cost previously, it can now strive to also gain the low-end market share but maintain quality on its broad market as its competitive scope (Powell et al, 2015). This can be achieved by engaging in providing its services to small projects for example homes, infrastructure, renovations et cetera. Although the profit per product is less, the market size is big. There is a rising demand for better homes in nowadays on which Aurecon Singapore can take advantage of. Corporate Level Strategy Ansoff Matrix diagram can be used to explain Aerocon Singapores corporate level strategy for its services and is as shown below. Products/ Services Existing New Markets Existing Market penetration New products And services New Cost focus Conglomerate diversification The focus here is on its existing market. Having this in mind, the analysis from the above diagram shows that it can either improve through market penetration or through innovation directed towards developing new products or services. Market penetration can be enabled by executing initiatives that lead to increasing the market share. As suggested earlier, differentiation through low cost but quality business strategy can help in enhancing the market penetration strategy. If Aurecon Singapore changes its focus from corporate markets only but focus also on individuals and low-end investors, then it is possible to increase the market share (Foreign Aff, 2015). The main advantage of the combination of the two strategies is that they do not require much research and capitalization. This is because Aurecon Singapore has been in this market for a long time and has the capitalization required hence do not require to invest more towards this. Penetrating on an existing market is much easier than penetrating in a new market. Some of the favoring conditions are that there is no need for much marketing and promotion which proves to be costly and time-consuming are less. Aurecon can also take advantage of the contacts with the existing customers. Some of the contacts which are the employees of their existing clients can provide a new market since they are already aware of the quality of Aurecon products. Since residential houses market is increasing, these clients employee may be in need of building their homes and can be easier to approach when implementing this strategy. This is because individuals do not have much money to spend although they still demand quality (Davis, 2017). The increased demand for Engineering consulting services gives confidence for this strategy. Aurecon should, therefore, be consolidating all the service and allocate resources to meet this demand. Innovation In its to increase its market share in its existing market, Aerocon Singapore needs to engage in innovation of new services. To acquire the desired outcome which is to acquire more market share, Aurecon must decide on how to implement this strategy (market penetration supported by differentiation on the low market but maintaining the high quality) effectively. This can be determined by analyzing the current organization position and design the path to achieve the desired outcome. Market analysis is of great importance in this area. SWOT analysis done shows that there is an opportunity presented by increased demand for engineering consulting services while the key threat is lack of engineering talents (Johnson, 2016). This means that we need to devise ways to increase staff output without stretching the human power a fact that calls for a technology upgrade. In todays world, innovation is at its highest in the sense that better and more efficient equipment and machinery are being made every now and then. There is also a demand for better designs and high quality which are enabled by improved technologies. For Aurecon Singapore, to be able to implement this strategy effectively, they have to take advantage of his technology-push market. This shall help in compensating for few engineers and also help them come up with better products at a low cost. The increased demand for consulting services which is a market pull calls for high output. With this knowledge Aurecon Singapore can meet the increased demand for better products whose production cost is low through innovation. When the organization has advanced technology, they can design products which are unique and push them to the market which is the market pull. The increased demand shall quicken the achievement of increased market share objective (Tomczak T., 2018). Since Aurecon Singapor es vision is Innovative provide high-quality services better equipment shall help the staff to be more creative and which shall lead to innovating for better, unique and high-quality products. Such products shall always attract client and also help improve an entitys image. References Aff, F., 2015. focus on corporate markets alone but also on individuals and low-end investors, then it is possible to increase the market share. Heinonlin, p. 69. Bird, S., 2017. Knowledge Transfer Between RD Projects and Commercial Projects: A Conceptual Framework. Singapore: Springer. Davis, G. F., 2017. Can an Economy Survive Without Corporations? Technology and Robust Organizational Alternatives. Academy of Management Perspectives, Vol. 30(No. 2), p. 30. Johnson, G., 2016. Exploring Strategy: Text and Cases. Chicago: Pearson Education . Powell et al, 2015. A refined compilation of implementation strategies: results from the Expert Recommendations for Implementing Change (ERIC) project. Implementation Science, Volume 2015, pp. 10-21. Schatz, F., 2014. Goodwood Residence. Architecture Australia , Volume 103(Issue 3), pp. 92-99. Tomczak T., Reinecke S., Kuss A., 2018. Introduction. In: Strategic Marketing. Wiesbaden: Springer Gabler