Natural Law Essay

Natural Law Essay The theory of Natural Law was put forward by Aristotle but championed by Aquinas (1225-74).  Ãƒâ€šÃ‚   It is a deductive theory it starts with basic principles, and from these the right course of action in a particular situation can be deduced.  Ãƒâ€šÃ‚   It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes. Traditional natural law is based on value judgements, which emanate from some absolute source e.g. Gods revealed word. However the term natural law lacks a precise definition, and there is very little agreement, even among experts or proponents of natural law theory about its application to specific, complex, moral, or legal issues.  [1]   The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists. The major opponent to legal positivism as a conception of the nature of law goes by the label natural law theory. Natural law theory is probably not the best name for this view its a bit of a historical accident that this view in the philosophy of law came to have this name but it is the traditional label.  [2]  And I will not try to displace it here. Aquinas says that the principles of practical rationality-that is, those principles that tell us how to act reasonably-both are Gods law for our conduct and are knowledgeable by nature, even apart from special divine revelation. So the principles of practical rationality are both law and natural, and hence are natural law. Because Aquinas says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with natural law. The label is unfortunate because there are some writers who believe that the principles of rati onality or morality place a constraint on legality, but who do not believe that these principles of law rationality or morality are God-given law. These writers are called natural law theorists even though they do not, strictly speaking, believe in natural law. There are important objections to be made to Aquinass theory of natural law. O Connor rightly identifies the main one: Aquinas fails to explain just how the specific moral rules which we need to guide out conduct can be shown to be connected with allegedly self-evident principles.  [3]  But the objection that Aquinass account of natural law purposes an illicit inference from is to ought is quite unjustified. What are the principles of natural law? There is a  set of basic practical principles which indicate the basic forms of human flourishing as goods to be pursued and realized, and which are in one way or another used by everyone who considers what to do, however unsound his conclusions; and a  set of basic methodological requirements of practical reasonableness (itself one of the basic forms of human flourishing) which distinguish sound from unsound practical thinking and which, when all brought to bear, provide the criteria for distinguishing between acts that (always or in particular circumstances) are reasonable-all-things-considered (and not merely relative-to-a-particular purpose) and acts that a reasonable-all-things-considered, i.e. between ways of acting that are morally right or morally wrong-thus enabling one to formulate a  set of general moral standards.  [4]   Naturalists believe that natural law principles are an inherent part of nature and exist regardless of whether government recognizes or enforces them. Naturalists further believe that governments must incorporate natural law principles into their legal systems before justice can be achieved. There are three schools of natural law theory: divine natural law, secular natural law, and historical natural law. Divine natural law represents the system of principles believed to have been revealed or inspired by God or some other supreme and supernatural being. These divine principles are typically reflected by authoritative religious writings such as Scripture. Secular natural law represents the system of principles derived from the physical, biological, and behavioural laws of nature as perceived by the human intellect and elaborated through reason. Historical natural law represents the system of principles that has evolved over time through the slow accretion of custom, tradition, and experience. Each school of natural law influenced the Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue to influence the decision-making process of state and federal courts today. Religious studies are flourishing again. Most scholars were convinced that religion definitely belonged to the past and were of interest only to a tiny group of specialists. Today religious studies are pursued by a host of people in a range of departments. Because of the relevance of cultural issues to the contemporary world, religions have moved from the periphery to the very centre of public and academic concern. Their startling resurgence has given rise to the growing number of studies that explore this phenomenon in fresh, new ways.  [5]  Among the many publications that have appeared recently, I would like to draw attention to a volume edited by Mark C. Taylor, which appeared in 1998. Entitled Critical Terms for Religious Studies.  [6]  It describes the field in terms of 22 notions some of them old acquaintances, others new comers from belief to writing. Each article analyses the theoretical value of one of these notions, examining it in a particular religious tradition s.  [7]  Another volume that appeared recently Guide to the study of Religion  [8]  likewise explores such notions as classifications, comparison, and gender 31 notions in all. Examining the concepts in the two volumes. I was struck by the absence of both history and tradition from each; ironically, only modernity has survived. As it happens, though, the essay on modernity by Gustavo Benavides in Critical Terms is not a bad substitute for the two missing.  [9]   In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it  [10]   Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings  [11]   The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by  relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria  [12]   The difficulty of interpreting the natural law One of the issues often highlighted by opponents of the use of natural law is that it is ambiguous and consequently very difficult to interpret. Von Prondzynski notes, There is a general aversion among lawyers at having to deal with something they cannot immediately define.  [13]  The difficulties with the use of natural law cannot be denied. It has been argued, there are two entirely different kinds of natural law theories  [14]  , one secular and one based on religion. Murphy also noted that, while the state may be Christian, this does little to help define natural law as Christian groupings fundamentally disagree as to what the divine law actually is.  [15]   However, this difficulty is not insuperable and should not be treated as so. It is clear from the constitution and from judicial decisions such as that of Justice Kenny in the Ryan case, that a Christian type of natural law is advocated rather than a secular natural law theory. The issue of what exactly this means and how it can be applied to complex cases is more difficult to resolve. Von Prondzynski believes that natural law in its legal sense, as seen by the Constitution has nothing whatever to do with the imposition on us all of a concise set of religious rules as propounded by the Churches.  [16]   The difficulties of natural law interpretation could be considerably reduced by the construction of some form of guidelines for the judiciary to use. These would help the judiciary to define the natural law and to interpret it accordingly. It is submitted that the use of natural law by the judiciary in the 1950s and 1960s was less contentious owing to the nature of society that existed at the time. Ireland during this period in history was relatively homogeneous in terms of its core values, and as such doing the right thing was not necessarily perceived as being undemocratic when everyone knew what the right thing was. In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it.  [17]   Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings.  [18]   The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by  relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria.  [19]   One of the main questions therefore that emerge from the debate regarding the use of natural law is the extent to which natural law can provide guidance to members of the court in deciding constitutional issues. It can be taken for granted that in a parliamentary democracy the judicial review procedure as provided for in the constitution is necessary to defend the rights of individuals. Therefore inevitably the burden of defending the rights of individuals against oppressive legislation falls in part, on members of the court.  [20]  Thus while defending the rights of individuals may be a prerogative of the judiciary, one is forced to ask; Can such a prerogative ever be justified by reference to principles of natural law? And if so can such a right ever be justified in overriding the democratic will of the people? The answer is a clear no! While there is widespread acceptance that the task of judges is to interpret the Constitution, during this process it is necessary for the judiciary to rely on the text, without reliance on sources from outside the four corners of the Constitution. Whether or not the judiciary should supplement the text cuts to the very heart of what it means to have a written Constitution, enforced by an independent judiciary, in a democratic state. As such the apparent death of natural law should not necessarily be seen as a bad thing if it results in more consistent, truly impartial, reasoned judgments from the judiciary. Proponents of natural law often argue that the use of natural law far from being a licence for unlimited government and a roving judiciary, natural rights and natural law arguments are the best defence of liberty and of limited government.  [21]  However despite such sentiments, the decision in Re Information  [22]  , like all previous Article 26  references will not be overturned. What the decision in Re Information makes clear is that natural law cannot be relied upon to invalidate any explicit provision of the Constitution, however it is also suggested that it does not address what residual role natural law plays in the constitutional order.  [23]   It would appear therefore that a deep fissure exists between concepts of popular sovereignty and natural law. When push comes to shove the Irish judiciary have preferred the former to the latter. Therefore the politics of normative choice through the democratic process is open and not bounded by fixed notions of natural law.  [24]   The Future of the Natural Law in Irish Constitutional Jurisprudence: Is Natural Law Dead? The future of natural law in Irish Constitutional jurisprudence is currently far from clear. It would appear from the Supreme Court decisions in recent years that for the foreseeable future natural law will not play a significant role in constitutional jurisprudence.  [25]  While the recent demise of natural law has been described as one of the great tragedies of the bitter debate on abortion  [26]  , it would be wrong to conclude that the Regulation of Information Bill 1995 signalled the death of natural law.  [27]  They suggest that the natural law component remains a significant aid to interpretation,  [28]  although it will remain inferior to the canon of harmonious interpretation. Although not dead, natural laws place in Irish constitutional jurisprudence has been radically altered. The doctrine now has a reduced significance in constitutional interpretation and a future growth in stature remains unforeseeable. Its application has led to many difficulties. Howeve r, the use of natural law is  not without benefits and its diminution and potential evisceration by the judiciary may  prove detrimental. Natural law was invoked over an extended period to protect the  rights of citizens not expressly provided for in the constitution, including the right to  bodily integrity, the right to travel, the right to earn a livelihood, the right to privacy  and the right of access to the courts. It remains to be seen if the Supreme Courts  decision will prevent the recognition of further unremunerated rights. Natural law will remain a significant aid in constitutional interpretation, however it is submitted that it will not be as influential as it has been in the past. In order to be really effective, the natural law must have its first home not in the judiciary, but in the population at large and in a constitutional democracy this means in the populace as represented in legislatures. That legislation and not adjudication should be the primary forum for the application of the natural law seems to have been recognized by no less an authority than St. Thomas Aquinas.  [29]  Here it is noteworthy that the application of natural law by Irish judges has largely been in the context of fundamental rights jurisprudence, for it is precisely when the substantive structures and ethos of community begin to break down that legal issues become primarily issues of rights.  [30]  So here the debate over natural law may ironically be a 178 Catholic Social Science Review function of the secularization process itself and suggests the larger question of the extent to which cultural problems lend themselves to judicial answers. Is it a coincidence that the incr ease in the activity of constitutional courts in the realm of personal rights, an increase which visible on a global scale, is taking place in a time of increasing secularization and cultural dislocation?  [31]   Why is it that the natural law doctrine, despite its flaws and inconsistencies, has had such an influence in the history of European thought? Kelsens answer is that natural law satisfies a deeply-rooted need of the human mind, the need for justification. To justify the subjective value judgements which emerge from the emotional element of his consciousness, man tries to present them as objective principles by transferring to them the dignity of truth, to make them propositions of the same order as statements about reality. Hence he pretends to deduce them from reality, which implies that value is imminent in reality.  [32]  This has a comforting corollary: belief in natural law enables a person to obey a civil law, not because he is compelled to do so by the civil power, but because of the laws intrinsic value. But, as we have learned, at the heart of Kelsonss argument lies the contention that value is not imminent in reality. Natural law nevertheless strikes a chord with a long- lasting and deep-seated need felt by mankind the need for certainty, for the existence of truths that are absolute and unchanging.  [33]   For writers down the ages it has been a quality of natural law that it is eternal and universal. Finnis believes that the principles of natural law hold good, as principles, however extensively they may be overlooked, misapplied or defied and however little they may be recognised. They would hold good just as the mathematical principles of accounting hold good even where, as in medieval banking community, they are unknown and misunderstood.  [34]  

Neo-Nazis In America Essay -- History Nazis Racism Race Skinheads Essa

Neo-Nazis In America The American Neo-Nazi movement started in the streets in the middle 1980's, in the U.S. The movement is an act to keep alive the beliefs and actions of Adolf Hitler and his Nazi Regime. Believers and activist in the movement are known as Skinhead, or "Skins." Some are dresses like a lot like the original British movement, which was started by some rough looking teenagers in combat boots hanging out on the streets. The average Skinhead, wears combat boots or Doc Martens, thin red suspenders, and a bomber jacket. The hair is completely shaven or closely cut to the head. The Skins wear many symbols supporting the movement, such as, swastikas supremacy slogans, and other white power emblems or tattoos. Neo-Nazis believe that to be white is to be right. That the Aryan race, the whites, are the pure race and that there should be no other ethnic groups or races. Homosexuals, Jews, Hispanics and Afro-Americans are the main targets for this organization. But there are others. Any minority is the enemy of a true Skin. They wish to attract only those people who are willing to fight and sacrifice for something greater and more meaningful than themselves...The White People as a race. The members usually range from 13 to 25 years old. These groups have been responsible for more than 45 deaths of minorities. American groups that are included in the Neo-Nazi movement are: The KKK, The American Nazi Party, National Alliance, Christian Identity, And The World Church ...

The Sacrament of Baptism Essay -- Christianity

In the United States Christianity is the largest religious group followed by Judaism, Islam, and Buddhism (Kohut and Rogers). According to the Pew Research Council Christianity was comprised of over 82 percent of the population in America as of March 2002 (Kohut and Rogers). Most of the world’s Christians live in the America’s and Europe (Pew Research Center). However, the population of Christians that currently live in the America’s and Europe is significantly lower than in the early 1900’s (Pew Research Center). Christianity is divided into three main branches: Roman Catholics, Eastern Orthodox, and Protestants. The Protestants make up the largest branch of the Christian religion in the United States and totaled fifty-two percent of the American population in 2002 (Kohut and Rogers). Catholics come in a close second comprising twenty-four percent of the American Population in March of 2002 (Kohut and Rogers). The majorities of the Christian denominations popular today developed during the five hundred years after the protestant reformation and are part of the protestant denomination (Pew Research Center). Many of the Christian denominations share a lot of the same beliefs; however, there are quite a few topics they disagree on such as the sacrament of baptism. Many Christian denominations practice the tradition of baptism. However, many denominations differ widely on the meaning and significance of the sacrament or ordinance of baptism. Baptism in the Old Testament is used as a symbol of a believer’s devotion to God by washing with water as a sign of purification and consecration. There are many different meanings and techniques to baptism that have been observed by many faiths over thousands of years. Many of the customs and b... .... "Baptism (in the Bible)." New Catholic Encyclopedia. 2nd ed. Vol. 2. Detroit: Gale, 2003. 56-60. Gale World History In Context. Web. 30 Dec. 2011. Zondervan NIV Study Bible. Zondervan New International Study Bible. Ed. Kenneth L. Barker. 2008. Grand Rapids: Zondervan, 2002. Pew Research Center. Global Christianity: A Report on the Size and Distribution of the World's Christian Population. 19 December 2011. December 2011 . "Sacrament." World Religions. New York: Macmillan Library Reference USA, 1987. Macmillan Compendium. Gale World History In Context. Web. 16 Nov. 2011. Sacrament of Baptism. 2003. .

Women, Words, Writing :: Gender Literature Papers

Women, Words, Writing During my morning commute, I cut myself off from the world around me and think. The last thing I see before "shutting off" generally starts a process of free association that is carried on by memory. For instance, this morning a woman sat beside me, reading The Alchemy of Race and Rights by Patricia Williams. Williams is someone I have heard of and read. I remembered her essay "And We Are Not Married"-a wonderful sample of women's writing. For the rest of the time I traveled by subway, I thought of pieces of writing I have read that, somehow, bear the mark of their writer's gender. Now I'm home, at my desk, and I am re-reading the texts I have thought of in the morning, trying to understand why and where I feel the mark of gender. Take, for example, Williams's essay; as I go along, I am fascinated by its complexity, by its huge network-or should I say labyrinth?-of ideas, so huge that the reader can easily get lost, become powerless, and abandon the struggle. Williams argues, among other things, that the practice of certain forms of rhetoric constitute acts of ideology, that style is never neutral, so that types of writing and behavior are always suffused with political content. One of her primary rhetorical tropes is the telling-and retold-anecdote, which always requires interpretation. With each story she relates, new possible paths appear, and one doesn't know which of them is the right one: the "Benetton incident," with its three consecutive versions. Then Tawana Brawley. Maxine Thomas. Mrs. Williams, her mother. Herself. Professor Bell and Geneva Crenshaw. Mr. Williams. Finally, the dream. The stories are presented at length, and commented upon; each affirmation is supported-either because of the author's juridical experience or because of her exactness-by footnotes. This makes the overall structure of the essay a bit confusing. For example, the listing of opinions expressed about Maxine Thomas is backed up by eighteen footnotes. The reader's eye has to go back and forth in order to read everything, and going back and forth eighteen times can be very challenging. In addition to that, the language is sometimes difficult; at times even impenetrable: "the rhetoric of increased privatization, in response to racial issues, functions as the rationalizing agent of public unaccountability, and, ultimately, irresponsibility" (696). One has to stop reading and figure out what she means, to figure out the idea behind that gathering of legal (and thus certainly esoteric) terms.

I’M Their

Essay 2. In what ways do your academic background and recent professional or managerial experience provide evidence of your potential for success in the program you selected? In your eventual career? Please provide specific examples of relevant coursework and/or experience. Majoring[Major] in International Economics and Trade, I have built a sound academic background of economics and finance during four years of undergraduate study in School of Economics, Fudan University.Through a series of curricular and research projects, I developed sound theoretical knowledge and strong analytical ability. My personality and ambition was shaped by active participation in various leadership positions and experience of professional practice. [I dont like this beginner, since it’s too plain and not impressive something no other than a narration. Ordinarily, you should figure out the very important perspective of yourself which can ensure reader of your suitability tp this program, if not ext inguishment, e. . Your career goal, some specific internship, courses or research project arouse your great interest in some parts of this program. ] During the first two years of my undergraduate study, I have taken a wide range of courses. Basic core courses such as Political Economics, Micro and Macroeconomics empowered me to construct theoretical framework of economics, while Advanced Mathematics, Linear Algebra, Statistics, Probability Theory and Mathematical Statistics enabled me to apply quantitative methods to economic analysis. Referring some courses correlated to the program, for example, since it’s under the B-school, some finance, strategy, marketing and other practical courses you’ve enrolled in could be figured out. ] My talents revealed when it comes to international economics, in which not only did I achieve top grades but also proactively conducted a series of research projects. Through studying Western Economic History, Introduction to world economy, International trade, and International Economic Cooperation, I have gained deeper understanding about international economics and complex relations among the world’s major economies.My coursework covered various issues including FDI, Merger & Acquisition, the manor system of West Europe and the trading structure between China and US, and my term paper on The Origins of Three Major Crisis In The 20th Century – the Great Depression, the financial crisis in East Asia in 1997 and the Subprime Mortgage Crisis was one of the best in my class. [This paragraph is nice and useful. ]Meanwhile, I was the Vice General Secretary of the school students union and Vice President of FDU X-Games Club, both[All of the ] managerial[administrative] positions lasted for one year[You should delete it for one year is no better than not referred to] and greatly enhanced my leadership, creativity and sense of responsibility. My junior year was a very productive year, with excellent academic res ults that won me a scholarship for academic session 2011-2012, three research projects respectively concerning M&A, RMB equilibrium exchange rate and deindustrialization, and several well-constructed term papers.Equipped with knowledge and analytical skills gained from previous study, I started my trials in more complex researches. Apart from course study, I was devoted to a research project with Professor Dazhong Cheng on Chinese firms’ cross-border merger and acquisition from the perspective of heterogeneous firms internationalization theory, which is a part of his research project funded by the National Natural Science Foundation of China (No. 71272069).I was responsible for collecting and selecting massive amounts of data, translating company information between English and Chinese, and processing data using such software packages as STATA and EVIEWS. This research experience has enhanced my understanding of merger and acquisition at the micro level, as well as trained my practical ability of solving problems using econometric methods. [As far as I know, the program of MAief is a very practical one which is aiming to provide its enrollers a wealthy professional trainee, so the research experience seems like redundant.Just take more efforts to your professional experience, your working endeavors your personal characteristics, and some special things to distinguish you. ] It was during the study of International Finance, Monetary Economics and Investments that I discovered pure interest and real passion in finance. These courses are highly demanding, taught with most up-to-date case analysis, group discussions and large amounts of literature reading. Being self-motivated, I found myself well adapted to this learning mode.I organized group projects on RMB equilibrium exchange rate and tools of monetary policy as group leader, presented learning outcome at class seminars. I led my team zealously participated in the class debate, and ranked 1st in perfor mance graded by committee consists of the professor and teaching assistants. [Your interests, your career goals should be put as very beginning as possible, since those things are the admission committee finding for to judge whether you are thoughtful, promising, and suitable for their program.While ] The deeper I [get]involved, the more fascinated I became. In order to gain better understanding of the financial market through practice, I became an intern at the Settlement Center of Bank of East Asia (China) Limited in the summer of 2012 after standing out from dozens of competitors. The Settlement Center is responsible for concentrated treasury management of BEA China, including the clearing and settlement of bonds, currencies, financial derivatives and the associated financial risk management.During the 4-month internship, I took prime responsibility in collecting capital adequacy ratio data and foreign exchange positions data from branches, then analyzed the data and compiled acc urate statements and reports for the team to conduct effective management. My working passion also lies in risk management of securities by revaluation and credit evaluation. I assisted mark-to-market accounting, as well as analysis of bonds’ issuers’ annual reports.My initiative and devotion has earned first-rate recommendation of the Department Head of the Settlement Center. Apart from daily work, I also voluntarily worked on the communication and cooperation between the back office and the front desk, which enhanced operation efficiency of both the Settlement Center and the Treasury Division. Impressed by my effort, the President of the Treasury Division offered me an opportunity to join the division as a trainee to work with and learn from experienced colleagues.The exposure in the front desk triggered my enthusiasm for the fast-changing financial markets, while the diligent practice at the Settlement Center reinforced my systematic comprehension of banking busines ses. [You put too much narration, what about mentioning some difficulties, challenges, harshy time or even failure you came across during these time, and how you deal with them beat them and pull yourself back. If no immediate scripts, just imagine some, that’s OK. ]This professional experience has shaped my analytical abilities and interpersonal skills, as well as my career goals. I am highly willing to work as a financial analyst in an investment bank, an asset management company or a financial consulting firm after earning a M. A. in International Economics and Finance. Eventually, with financial expertise and first-hand experience, I will realize my long-term goal of founding an investment company specialized in investment portfolios management.I am on the way towards my portrayed blueprint, and the distinguished MAief program of Brandeis IBS would be one milestone along the expedition. [To end up your personal statement, the safest way is to explain your deficits through which you could express your eagerness of being admitted by Brandeis (also you could flatter it as your dream school and ideal program), underscore your insatiability of strengthening yourself and reiterate about your career goal in details. ] If I were you, I will Ar the very beginning,g

Netflix’s business model Essay

Analysis part Question 1 In its competition with Netflix, where did Blockbuster go wrong? How was the use of customer data a key differentiator? How might Blockbuster have better positioned itself against Netflix? Answer 3 things that Blockbuster goes wrong are: 1. Slow & Inadequate Response â€Å"No Late Fees† program was misleading â€Å"Total Access† program was not well integrated – customers had to maintain separate accounts for the Web-based system and the store. 2. Structural Issues Stores were franchise-based and Web site was maintained by corporate Capex requirements for starting a separate Web-based logistics system to deliver DVDs by mail 3. Lack of Information Systems Lack of knowledge about its customers’ preferences and behaviors Lack of an appropriate CRM system Question 2 What are the core competencies of Netflix’s current business model (primary DVD-by-mail with an online component)? Assess the value of Netflix’s business as described in the case Answer Core competencies of Netflix’s current business model 1. Flexibility †¢ Subscription model – no late fees! †¢ Customers could rent and watch movies on their own schedules 2. Selection and Logistics †¢ No physical stores †¢ Allowed deep selection in a wide variety of genres 3. Convenience †¢ Mail delivery obviated the need to drive to bricks-and-mortar stores †¢ Queuing system on Web site allowed customers to have a constant flow of movies 4. Customer Insight †¢ Cinematch collaborative filtering algorithms aided the discovery process – better customer experience †¢ Recommendation system and analytics allowed deeper understanding of customer trends, which let Netflix adapt better and more quickly Question 3 What effects will the rise of the VOD market likely have on Netflix’s business model? How does VOD threaten Netflix’s business? What opportunities does it present? For opportunities, Netflix has ability to license its platform, be the benchmark in movie streaming and higher impact of Netflix’s existing CRM system. Therefore, Netflix has to shift organizational focus from logistic efficiency to technology excellence and need to invest in owning a platform to provide the service In terms of threats, the current physical distribution channel will become a liability and competitors like Apple, which has the know-how to sell online and holds a huge customer database and brand equity, will become a threat. Then, Netflix need to shift investment from logistics to technology, continue to build the Netflix brand as an instant provider of movies from studios to customers’ homes and to invest in customer loyalty and CRM solutions Question 4 Which of Netflix’s current competencies can it best leverage as a competitive advantage in VOD? Which might be liabilities (refer to the comparing value drivers in the Video Rental Market) Netflix has three core competencies to succeed in VOD market which are wide selection, brand equity and customer relationships and recommendation tool and customer knowledge. However, there are weaknesses for Netflix in moving toward VOD market, the warehouse and facilities and employee overhead will threaten Netflix in term of cost since Netflix will rely heavily on technology. Question 5 What kind of partnerships should Netflix prioritize: partnerships with content providers or with hardware/device manufacturers? Partnership Prioritization: Parallel Tracking  Netflix should not limit itself; goal is to be a service provider, not a content producer or a hardware manufacturer. Don’t compete in areas where Netflix is at point of parity; compete where Netflix has advantages. Roll up Roku effort under umbrella of device partnerships; devote resources across all initiatives evenly. Becoming the service provider and content recommender on all cable platforms is a top priority. Assume that movie studios and other content producers will want to distribute via Netflix; it is in their best interest. 1) Competition between Netflix and Blockbuster  (where Blockbuster goes wrong): The case revealed that in general without doubt Netflix was much more stronger than Blockbuster. Netflix could carry a much larger quantity and diversity across genders and at the same time Blockbuster was constrained by physical limitations imposed by its bricks-and-mortar stores, generally limited its selection to mainstream titles. Furthermore, Blockbuster made very big inconvenience for the customers who wanted to keep the movies longer time (because it limited rentals from one to five days). Moreover, customers had to pay additional amount of money (a fee) if they returned a video late. Blockbuster’s pricing model meant the customers had to pay each time they rented a video, while Netflix charged a flat subscription and were allowed to rent one to five DVDs at one time with no limit on how many could be rented in a month or no due date. Therefore, Netflix’s pricing schemes gave customers a greater flexibility comparing with Blockbuster’s pricing which was not so attractive for current customers. Also, Blockbuster could not offer for its customers one of the main things in business world – the flexibility , because it was constrained by inventory at its stores, but Netflix was strong enough to provide flexibility for customers. The problem was that main focus of a business model was based not on inventory warehouses what had negative effects for customers limiting them on keeping movies as long as they wanted to have them. However, †no late fee† program , the one Blockbuster was using, later, was also not so successful for the company as it was expected. And finally, the latest one,†¦

Mattel and Toy Safty Essay

In 2007, the Mattel toy company recalled around 20 million of its toy products do to contamination of lead in the paint and safety issues dealing with parts of its products (magnets) that was manufactured in China. The Mattel Company is considered the â€Å"global leader’ in toy manufacturing with over 30,000 people employed in over 40 countries and operates in more than 150 countries. The Mattel Company faces the dilemma a lot of companies face when using overseas manufacturing. If not closely monitored, they can and will cut corners which could put the company at risk. Who is responsible for the safety of children’s toy and who should be held accountable? An Analysis of the Mattel case study should reveal who is and who isn’t. 1. Do you believe that Mattel acted in a socially responsible and ethical manner with regards to the safety of its toys? Why or why not? What should or could Mattel have done differently? The study case of the Mattel Toy Company’s toy recall is a difficult one to call. The company went over and beyond to make sure that its products where safe for the public. The case study states that in 1997, the Mattel Company developed a â€Å"code of conduct† which included a wide range of ethical issue such as child safety laws, safety and health regulations. Mattel went as for to hire Professor S. Prakash Sethi, who is the head of a non-profit organization by the name of the International Center for Corporate Accountability which conducted audits on Mattel facilities. Mattel was also recognized by Forbes Magazine as one of the most trustworthy U.S. companies and was also recognized by CRO Magazine as one of the best corporate citizens out of 100, so they had built a reputation for being a solid socially responsible and ethical company. Ethics can be defined as moral principles that guides the way a person or a business behaves. Social responsibility is an ethical theory, that a person  or a business has an obligation to benefit society as a whole. Basically the products or actions of a person or a business should be a benefit to society and The Mattel Company took pride in being just that. Even though Mattel had to recall a lot of its products, I do believe they acted socially responsible and ethically. Mattel tested its products in their own testing facilities and in other special test labs to ensure the safety and quality of its products, and had specifically targeted lead based paint. Once Mattel found out that some of its products contained harmful lead based paint and the magnets in some of its products could be a safety concern, the company had an immediate recall of the products contaminated. Mattel used several outlets such as the Consumer Product Safety Commission, regulating agencies from all over the world and newspapers to address the issue of the lead based paint in its products and the magnet problem. Mattel also made it possible for consumers of their products to have access to outlets in which they can return the contaminated products for a refund or a safer replacement product. Mattel did do a lot to ensure the safety and quality of their products, but, they could have taken even further steps to avoid this situation. For one, Mattel should has done research on the on the Chinese firms outside contractors. Even though some of these contractors had been audited, they replaced the approved paint for the lead based paint. So Mattel should have kept a closer eye on these subcontractors in order to maintain their good image with society. Mattel cannot be solely at fought for this recall; the Mattel Company was also a victim in this situation. 2. Who or what do you believe was responsible for the fact that children where exposed to potentially dangerous toys? Why do you think so? This is a hard question because there are several entities that can be blamed for this recall. Number one is those that are responsible for consumer product safety. The Consumer Product Safety Commission (CPSC) is an independent federal regulating agency who assumes the responsibility of protecting the public from dangerous products. This agency was created in 1972 with the Consumer Product Safety Act. This Act gives the CPSC the authority to develop standards and bans on products. It is the job of this regulating agency to make sure that products are safe for public use, but it seems the dropped the ball on the Mattel toy recall. The case study states that the CPSC was severely underfunded and understaffed. The case study also states  that in 2007 the CPSC only had about 400 employees in which only 15 of them were investigators with the job of investigating products that come through the ports. Needless to say with the amount of product that come through the ports and the number of ports used in the U.S. to import and export product is too much for only 15 people to handle, also the CPSC only had 100 employees monitoring products on store shelves and only had a budget of 62 million. Another player that has responsibility in exposing children to potentially harmful products (toys) is the Chinese government. The enforcement of lead standards in China was not enforced, so the companies did as they wanted when it came to lead based paint. The magnet situation of more of a product design malfunction, according to the case study, so that can be easily taken care of, however, the lead base paint issue is one of enforcement. If the Chinese government had adequate enforcement of lead paint regulations, which is better than that of the U.S. at one point, this would have never been a problem for the Mattel toy company. The most responsible for this recall is the Mattel Company. Regardless of regulation inspectors and audits, they owe it to the stakeholders of the company to ensure that the products that they are manufacturing are safe. That is what social responsibility and ethics are based upon. 3. What is the best way to ensure the safety of children’s toys? There is no way to fully ensure the safety of children’s toys, but the best way is to enforce federal legislation on toy manufactures. This is a challenge because the majority toys in this country are manufactured in other countries such as China and Asia . Federal regulation can ensure that there are uniform standards for toy manufacturing. As of June 12, 2012, all manufactures and importers of children’s toy must comply with federal regulation. These toys must be tested for compliance of regulation and the testing must be done by the CPSC. It is also in the best interest of other countries to enforce regulation on toy manufactures. Since toys are a big export for other countries such as China and Asia, they would want to be in good standing with the U.S. by setting some standards on toy manufacturing. Consumer’s advocates groups need to stay involved in toy safety issues and provide input that can help set guidelines for federal legislation. The consumer advocates can influence regulation and keep the public informed on issues of child toy safety. In 2008, consumer groups such as the Consumers  Union, Consumer Federation of America, and Kids in Danger attended House and Senate conferences to push for a well-funded Consumer Product Safety Commission (CPSC). As a response to the demand of the consumer advocate groups, Congress acted by banning lead based products in children’s toys. This act of the consumer advocate groups is a perfect example of the interactive social system between corporations and society, the fact that they are so interdependent on one another that if action is taken by one it will affect the other (Lawrence & Webber, 2011, p.21). These stakeholders can have a profound effect on regulation of a company. The toy industry can also play a large role to ensure the safety of children’s toys. They can listen to input form stakeholders on issues that could make their products safer. They also can follow the requirements of the Consumer Product Safety Commission closely or even go a step beyond the CPSC regulations to ensure that their toys are safe for kids. The toy industry could also be shown as a leader in toy safety by collaborating with foreign manufactures to push their toy safety regulation to coincide with that of the U.S. standard. They could hold international regulation meetings and have input on the regulation of toy safety that can have influence on policy. These kinds of actions from the toy industry could give them a good standing with stakeholders and regulators both if they are viewed as being actively involved in the safety of the children’s toys that they are making. After all these are their customers and in business you are trying to acquire more customers not lose them, so these type of actions by the toy industry would only benefit them and the customers that helps make them the business’s that they are today. Since the increase of imported toys, the rate of injury to kids playing with toys has increased. Accountability of the toy industry is a must to bring toy safety to a minimum. Corporate negligence of the sub-contractors of toy manufactures need to be recognized and investigated thoroughly to insure toy safety. An article be the American Association for Justice (Playing with Safety: Dangerous toys and the Role of Americas Civil Justice System) states that â€Å"A Public Citizens analysis of consumer recalls found that companies waited an average of 993 days to inform the CPSC of defects, and the agency (CPSC) waited another 209 days before informing the public (American Association for Justice) of the dangerous toys. This is a little more than 3 years before the public is  informed of a toy health hazard by the toy industry and CPSC. The CPSC and the toy industry should be held responsible and held accountable for those that are put in danger by these toys. If both the CPSC and the toy industry are held accountable for the time laps of getting the information to the public it would improve toy safety. 4. What do you think is to best way for society to pr otect children from harmful toys? Specifically, what are the appropriate roles various stakeholders in this process? The best way to protect children from harmful toys has to be a collective effort between stakeholders, the toy industry, and government regulators. This collective effort can be beneficial to all. First, the federal government must fund the CPSC properly in order for it to function at a level in which it can handle the bulk of toys coming through our ports. I can see how the CPSC was overwhelmed with the task of making sure all toy products are safe before and after they hit the shelves. The CPSC was too understaffed and underfunded to be affective. At the time of the recalls, the CPSC’s power was limited to ensure the safety of children’s toys. According to an article written by Jo Hartely of the National News (Protecting Our Children from Toxic Toys), â€Å"The CPSC cannot legally test children’s products before sale and do not have the funds or capacity to do so if desired† (Hartley, 2008). This at the time really made it hard to ensure toy safety. Also, according to the article, another way to ensure toy safety is to revise the U.S chemical regulatory system. The article states that around 80,000 chemicals are cleared for use in everyday products and 2,500 are introduced every year. Most of these chemical have not been tested for potential health impacts on children or fetuses (Hartley, 2008). This is another flaw in the regulatory system that needs to be addressed to ensure toy safety and it will take a collaborative effort to make this happen. The appropriate role for the non-market stakeholder in this toy safety issue is to use the non-market stakeholder’s power to use resources to influence regulatory policy on toy safety. Stakeholder power is founded in the power that they have to vote for those that support regulations that they want to see enacted on toy safety. The can also utilize economic power in order to get there point across to the toy industry on toy safety. They also have the power to use civil suits against negligent toy manufactures that are selling harmful toys. Consumer advocate groups are also categorized as  non-market stakeholders. These groups can pull resources and get the word out about the negligence of a toy manufacture which could also persuade government entities to act. Groups such as the Consumer Federation of America, kids in danger and the Consumer Union have already influenced stricter regulation of the toy industry with success. The categorization of the federal government as a non-market stakeholder is still up in the air for most, but, the impact and role that the government has in the issue of toy safety is huge. The government can and has the power to regulate the toy industry to ensure toy safety. Regulating toy safety is not an easy task for the government and will not ensure that all toys will be safe, but, they can minimize the problem. One way they government can minimize harmful toys that may get in the possession of children is by funding the CPSC properly so that they can enforce the regulatory laws on toys safety. Between 2008 and 2011 the federal government passed regulations that give the CPSC more power to hold the toy industry accountable for toy safety. In 2008, the Consumer product Safety Act was amended in 2011 which gave the CPSC new found power to enforce regulation laws on the toy industry which included civil and criminal penalties for those that broke the laws of toy safety. It also included third party testing of toy products so that testing of the products was not left solely to the toy industry which could be manipulated as so the case of Mattel toys. The federal government also passed the Child Protection Safety Act, which protects children from choking hazards. This legislation requires warning labels on products that may present a choking hazard for kids and also mandates that manufactures, importers, distributors, and retailers to report certain choking incidents. Even though the Mattel toy company and CPSC regulatory agency made adjustments necessary to minimize children’s toy hazards. It was their duty and obligation toy insure that the products that they sold were safe for children to play with in the beginning. All though Mattel had an outstanding ethical and social responsible reputation, the ball was dropped on this issue in 2007. One reason was the expansion of manufacturing and production of their products to foreign countries that they could no keep a close eye on. All in all it is up to us all to ensure the safety of our children when purchasing toys for our kids to play with. We cannot solely leave it up to r egulatory  systems and toy manufacture; we also have to play our role in this issue. Reference American Association for Justice (2010). Playing with Safety: Dangerous Toys and the Role of America’s Civil System. http://www.justice.org/cps/rde/xbcr/justice/PlayingWithSafety.pdf Lawrence, A. T., & Weber, J. (2011). Business and Society: Stakeholder, ethics, public policy (13 Ed). New York. McGraw-Hill Companies Inc. Hartley, J. (2008). Natural News, Protecting Our Children from Toxic Toys. http://www.naturalnews.com/022991_toys_children_chemicals.html# U.S. Consumer Product Safety Commission. https://www.cpsc.gov/en/Regulations-Laws–Standards/Statutes/