Friday, December 27, 2019

Judicial Discretion and Jurisprudence - Free Essay Example

Sample details Pages: 9 Words: 2634 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Jurisprudence Essay Did you like this example? Moral questions impact the law at every corner. A rigid separation between morality, law, and discretion is implausible and, as Wacks defines it, à ¢Ã¢â€š ¬Ã…“an improbable enterprise.à ¢Ã¢â€š ¬Ã‚ [1] In theory and in practice, the judiciary functions as the crux of the common law in Hong Kong. It is therefore in judicial discretion that the perception of law is segregated into two main schools of thought: legal naturalism and positivism. Don’t waste time! Our writers will create an original "Judicial Discretion and Jurisprudence" essay for you Create order The naturalistic claim that the very essence of law is its morality is contrasted by the positivistic allegation of a moral-free code of law. This essay explores judicial discretion in Hong Kong under each discipline and argues that the naturalistic approach is more coherent and justifiable under three accounts: constitutional checks, constructive interpretation, and moral accountability. In pursuit of a thorough analysis, the definitions of law, morality, and discretion must first be interpreted. I emphasize the term à ¢Ã¢â€š ¬Ã‹Å"interpretationà ¢Ã¢â€š ¬Ã¢â€ž ¢ to give light to the complexity in sufficiently defining said terms. Law, as H.L.A. Hart à ¢Ã¢â€š ¬Ã¢â‚¬Å" the most prominent modern positivist in the twentieth century[2] à ¢Ã¢â€š ¬Ã¢â‚¬Å" declares, is à ¢Ã¢â€š ¬Ã…“a system ofà ¢Ã¢â€š ¬Ã‚ ¦ social rules that direct and appraise behavior.à ¢Ã¢â€š ¬Ã‚ [3] In my words, law is defined as the social phenomenon that establishes guidelines and restrictions for human b ehavior. The term à ¢Ã¢â€š ¬Ã…“moralityà ¢Ã¢â€š ¬Ã‚  refers to à ¢Ã¢â€š ¬Ã…“a code of conduct, given specified conditions, would be put forward by all rational persons.à ¢Ã¢â€š ¬Ã‚ [4] As per my opinion then, morality is an unwritten and objective code of conduct that the community generally abides to. Lastly, Westen states that à ¢Ã¢â€š ¬Ã…“discretion meansà ¢Ã¢â€š ¬Ã‚ ¦ an area within which the discretion-holder has authority to adopt, or not to adopt, whatever rule he deems fit.à ¢Ã¢â€š ¬Ã‚ [5] Discretion, in this sense, describes the power of an authority to exercise his/her decision in accordance to rules and laws. It is noted that these definitions are, at best, elementary to the intricacies underlying the colossal concepts of law, morality, and discretion; thus, to narrow the scope, I approach these concepts with a focus within the Hong Kong jurisdiction. The lineage of debates between naturalism and positivism in jurisprudence have extended over centuries. Essentially, naturalism provides that the à ¢Ã¢â€š ¬Ã…“act of positing lawà ¢Ã¢â€š ¬Ã‚ ¦ can and should be guided by à ¢Ã¢â€š ¬Ã‹Å"moralà ¢Ã¢â€š ¬Ã¢â€ž ¢ principles and rules; that those moral norms are a matter of objective reasonableness, not of whim, convention, or mere à ¢Ã¢â€š ¬Ã‹Å"decisionà ¢Ã¢â€š ¬Ã¢â€ž ¢.à ¢Ã¢â€š ¬Ã‚ [6] The judicial process, under a naturalistic approach, present the judges with the duty to ensure moral foundations are met. Dworkin calls it à ¢Ã¢â€š ¬Ã…“law as integrityà ¢Ã¢â€š ¬Ã‚ : It supposes that lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s constraints benefit society not just by providing predictability or procedural fairness, or in some other instrumental way, but by securing a kind of equality among citizens that makes their community more genuine and improve its moral justification for exercising the political power it does.[7] The modern advocacy of positivism, however, denies moral considerations in exercising discretion; as Hart declares: The rule-making authority must exercise a discretion, and there is no possibility of treating the question raised by the various cases as if there were one uniquely correct answer to be found, as distinct from an answer which is a reasonable compromise between conflicting interests.[8] Thus, Hart identifies a à ¢Ã¢â€š ¬Ã…“rule of recognitionà ¢Ã¢â€š ¬Ã‚ [9] in its positivistic model to establish that the considerations of judicial discretion are only whether compliance with the legal systemà ¢Ã¢â€š ¬Ã¢â€ž ¢s criteria of valid laws are met. In other words, in exercising positivistic discretion under the rule of recognition, the judiciary decides whether or not the law is valid according to the criteria enacted by legislature or unwritten societal compliance, but not to the extent of moral contemplations. Within context of Hong Kong, I argue that the naturalistic approach is evidenced by its constitutional checks and balances and must be so in the preservation of the common la w system. The immediate challenge in exercising discretion post-1997 between Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s model of à ¢Ã¢â€š ¬Ã…“law as integrityà ¢Ã¢â€š ¬Ã‚ [10] and Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s model of à ¢Ã¢â€š ¬Ã…“rule of recognitionà ¢Ã¢â€š ¬Ã‚ [11] is embedded in HKSAR v Ma Wai Kwa-n David[12]. The Court of Appeal is vested with decisions in the maintenance of the common law system and the jurisdiction of the Hong Kong courts to question the legality of laws and decisions enacted by the National Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s Congress (NPC). To declare that à ¢Ã¢â€š ¬Ã…“regional courts have no jurisdiction to query the validity of any legislation or acts passed by the sovereignà ¢Ã¢â€š ¬Ã‚ [13], the Court of Appeal signals that judicial discretion exercised the positivistic à ¢Ã¢â€š ¬Ã…“rule of recognitionà ¢Ã¢â€š ¬Ã‚  to establish that although unsettling to the libertarian moral values embodied in the rule of law, the only concern is whether the compliance with the cr iteria of valid laws are met.[14] Under a purely positivistic approach then, no court shall exercise its discretion to safeguard the liberty in the rule of law. Yet, in Ng Ka Ling v Director of Immigration[15], the learned Chief Justice Li overturns the decision of the Court of Appeal in Ma Wai Kwan David[16], asserting that In exercising their judicial power conferred by the Basic Law, the courts of the Region have a duty to enforce and interpret that Law. They undoubtedly have the jurisdiction to examine whether legislation enacted by the legislature of the Region or acts of the executive authorities of the Region are consistent with the Basic Law and, if found to be inconsistent, to hold them to be invalid.[17] The constitutional check of the executive branch, the legislative council, and even the National Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s congress was a matter not of positivistic decision, but of a naturalistic discretion to uphold the morality of freedoms in the rule of law. It i s with principles of fundamental libertarian rights that the courts exercise its discretion, and thus adopt adherence to a moral code of conduct. Though the subsequent referral to the Standing Committee of the National Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s Congress (NPCSC) under Article 158[18] inevitably undermines the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion, judges continue to resist the à ¢Ã¢â€š ¬Ã…“rule of recognitionà ¢Ã¢â€š ¬Ã‚  to protect the underlying principles of fairness in the moral code of conduct, as recognized by Bokhary PJà ¢Ã¢â€š ¬Ã¢â€ž ¢s dissenting opinion in Lau Kong Yung v Director of Immigration[19]: à ¢Ã¢â€š ¬Ã…“In Hong Kong where we aspire to be humane as well as orderly, it is plain that the Director would have been duty-bound at least to read the applications to see if they or any one or more of them disclosed a strongand obvious case for a favourable exercise on humanitarian grounds of his discretion.à ¢Ã¢â€š ¬Ã‚ [20] Essentially, Bokhary PJ acknowledges that there are legal grounds of which the administrative decision-maker issues removal-orders against the respondents; however, he also believes that the decision-maker failed to exercise his discretion according to a moral code of conduct that is essential to the common law system. As observed by Wacks, à ¢Ã¢â€š ¬Ã…“the virtues of the common law should not be exaggerated, but few will dispute that its perpetuation is a sine qua non of our liberty. This is largely because a legal system is essentially a kind of moral system.à ¢Ã¢â€š ¬Ã‚ [21] Consequently, in the preservation of Hong Kongà ¢Ã¢â€š ¬Ã¢â€ž ¢s common law system, I argue that the naturalistic approach towards discretion is essential to inhabit the underlying moral principles of liberty. Dworkin outlines another element of naturalism in its à ¢Ã¢â€š ¬Ã…“constructive interpretationà ¢Ã¢â€š ¬Ã‚ [22] by which the concept of law does not adhere the judiciaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s intuition at face value (as Hart cl aims), but embodies the à ¢Ã¢â€š ¬Ã…“great network of political structures and decisions of his communityà ¢Ã¢â€š ¬Ã‚ [23]. Moral principles of an individual judge can be skewed, and thus to discover and apply the morality of the community as a whole, law is interpreted constructively through legislation and precedents. A judge shall then exercise his/her discretion, in the sacrifice of his/her personal moral perception, to adhere to the communityà ¢Ã¢â€š ¬Ã¢â€ž ¢s moral code to enact new precedents and laws.[24] The significance of constructive interpretation in maintaining the Hong Kong common law system is overwhelming. In the event that judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal morals are vested in his/her judgment, individual rights become fragile. Hong Kong courts have long abided to the common lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s tradition of protecting rights[25], and to now shatter these rights in a positivistic approach would be unfathomable. Should the concepts of law, morality, and disc retion stand alone as positivism suggests, then in my opinion, the common law will be driven out of Hong Kong. To maintain the common law system as per the intent of Article 8[26], the naturalistic approach of moral accountability in constructive interpretations of the judiciary branch must be practiced. Lastly, the stance of judicial accountability is subjected to two interpretations. Under Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s positivistic procedural standard, he declares that justice consists in à ¢Ã¢â€š ¬Ã‹Å"treating like cases alikeà ¢Ã¢â€š ¬Ã¢â€ž ¢[27]. Therefore, a judge is held accountable in his/her discretion in impartiality of treating cases alike. Yet, there are situations in which unjust laws may call for judicial discretion on the basis of morality. R M Hare illustrates this in his à ¢Ã¢â€š ¬Ã…“two-level structure of moral thinkingà ¢Ã¢â€š ¬Ã‚ : Let us suppose that a judge is asked to justify his sentencing a convicted prisoner. He can answer first at the intuitive leve l, pointing that the prima facie principles have been observedà ¢Ã¢â€š ¬Ã‚ ¦. If the laws themselves are questioned, the judge can refer the questioner to the legislature, together with the sound prima facie principle that the judges should not depart from what is laid down by statute If he is asked à ¢Ã¢â€š ¬Ã…“Why these principles? He will have to appeal to critical thinking[28] Within the context of Hong Kong, judges are held accountable to Article 89[29], in which it is stipulated that à ¢Ã¢â€š ¬Ã…“a judgeà ¢Ã¢â€š ¬Ã‚ ¦ may only be removed for inability to discharge his or her duties, or for misbehavior, by the Chief Executive on the recommendation of a tribunal appointed by the Chief justice of the Court of Final Appeal and consisting of not fewer than three local judges.à ¢Ã¢â€š ¬Ã‚ [30] The question that arises then is whether or not the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s duties held accountable to the basis of morality. I argue that it is in fact so as evidenced by the ea rly resignation of Chief Justice Andrew Li Kwok-nang. In controversy over the Court of Final Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s submission to the NPCSC interpretation in Ng Ka Ling[31], the learned Chief Justice Li was à ¢Ã¢â€š ¬Ã…“criticized for his ignorance of the social impact of the court judgment.à ¢Ã¢â€š ¬Ã‚ [32] According to a local newspaper, Shiu Sin-por, the director of the One Country Two Systems Institute, even suggested that Hong Kongà ¢Ã¢â€š ¬Ã¢â€ž ¢s court judges should embody the principles of à ¢Ã¢â€š ¬Ã…“one country, two systemà ¢Ã¢â€š ¬Ã‚  by considering the à ¢Ã¢â€š ¬Ã…“general interest of the societyà ¢Ã¢â€š ¬Ã‚  and the à ¢Ã¢â€š ¬Ã…“social consequences of the judgments.à ¢Ã¢â€š ¬Ã‚ [33] One commentator of a different newspaper even added that: As the judiciaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s chief, Li Kwok-nang cannot escape the responsibility that his judgment on January 29 brought about the central governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s strong attack and thus endan gering the foundation of Hong Kongà ¢Ã¢â€š ¬Ã¢â€ž ¢s judicial independence. As a judge, he has no political responsibility. But as the judiciaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s chief, he should shoulder the political responsibility of his mistake. His resignation could establish a model for the legal elite and successors to maintain judicial independence and to confront the central governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s interference. If he does not resign, his fifteen years of office will have great difficulties.[34] The à ¢Ã¢â€š ¬Ã…“surprise resignationà ¢Ã¢â€š ¬Ã‚ [35] of Chief Justice Li indicates that he was held morally accountable through the voices of the community for his discretion in Ng Ka Ling[36], and in failure to defend the moral code of liberty in the society, it was inevitable that he must resign. That is to a moral consideration under naturalism that Chief Justice Li was held accountable to, and not a positivistic duty to ensure procedural fairness and impartiality. Consequen tly, it is with confidence that I conclude that law, morality, and discretion are interconnected in Hong Kong under a naturalistic school of thought, and must continue to do so in the preservation of the common law system. In a constitutional quest for the autonomy of Hong Kong, the judiciary strives to exercise its discretion in protecting the principles and policies of à ¢Ã¢â€š ¬Ã…“fairness, equality, and justiceà ¢Ã¢â€š ¬Ã‚ [37] in our legal system. As a result, under the evidence found in constitutional checks, constructive interpretation, and moral accountability, the three concepts of law, morality, and discretion cannot and must not stand alone. Works Cited Table of Cases HKSAR v Ma Wai Kwan David [1997] 2 HKC 315 Ng Ka Ling v Director of Immigration [1999] 1 HKC 291 Lau Kong Yung v Director of Immigration [1999] 4 HKC 731 Table of Legislation The Basic Law of the Hong Kong Special Administrative Region of the Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s Republic of Ch ina Secondary Sources R Wacks,Law, Morality, and the Private Domain(Hong Kong: Hong Kong University Press, 2000) M H Kramer, C Grant, B Colburn, and A Hatzistarou, The Legacy of H.L.A.: Legal, Political, and Moral Philosophy (Oxford: Oxford University Press, 2008) H L A Hart, The Concept of Law (2nd Ed., Oxford: Oxford Clarendon Press, 1994) Gert, Bernard, The Definition of Morality,The Stanford Encyclopedia of Philosophy(Fall 2012 Edition), Edward N. Zalta(edn), https://plato.stanford.edu/archives/fall2012/entries/morality-definition/ P Westen, The Meaning of Equality in Law, Science, Math, and Morals: A Reply, 81 Mich. L. Rev. 604, 642 (1983) J M Finnis,Natural Law and Natural Rights (New York: Oxford University Press, 1980) R Dworkin, Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s Empire (London: Fontana Paperbacks, 1987) Simon Lee, Judging Judges (London: Faber Faber, 1988) P Wesley-Smith, à ¢Ã¢â€š ¬Ã…“Protecting Human Rights in Hong Kongà ¢Ã¢â€š ¬Ã‚ , Human Rights i n Hong Kong (Hong Kong: Oxford University Press, 1992) R M Hare, Moral Thinking Its Levels, Method and Point (Oxford Clarendon Press, 1981) S Shiu-Hing Lo, The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan? (Hong Kong: Hong Kong University Press, 2008) Ming Pao, 26 May 1999, p. A9, as translated by S Shiu-Hing Lo Wong On-yin, à ¢Ã¢â€š ¬Ã…“It is wise for Li Kwok-nang to resignà ¢Ã¢â€š ¬Ã‚ , Apple Daily, June 28, 1999, D1, as translated by S Shiu-Hing Lo A Wong, à ¢Ã¢â€š ¬Ã…“Lawmakers Endorse Geoffrey Ma As Top Judgeà ¢Ã¢â€š ¬Ã‚ , South China Morning Post, 10 June, 2010 https://www.scmp.com/article/716689/lawmakers-endorse-geoffrey-ma-top-judge 1 [1] R Wacks,Law, Morality, and the Private Domain(Hong Kong: Hong Kong University Press, 2000), p 1 [2] M H Kramer, C Grant, B Colburn, and A Hatzistarou, The Legacy of H.L.A.: Legal, Political, and Moral Philosophy (Oxford: Oxford University Press, 2008), p xiii [3] H L A Hart, The Concept of Law (2nd Ed., Oxford: Oxford Clarendon Press, 1994), p xiii. [4] Gert, Bernard, The Definition of Morality,The Stanford Encyclopedia of Philosophy(Fall 2012 Edition), Edward N. Zalta(edn), https://plato.stanford.edu/archives/fall2012/entries/morality-definition/. [5] P Westen, The Meaning of Equality in Law, Science, Math, and Morals: A Reply, 81 Mich. L. Rev. 604, 642 (1983) [6] J M Finnis,Natural Law and Natural Rights (New York: Oxford University Press, 1980), p 290 [7] R Dworkin, Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s Empire (London: Fontana Paperbacks, 1987), p 95-96 [8] H L A Hart (n 3), p 210 [9] H L A Hart (n 3), p 200 [10] R Dworkin (n 7), p 95-96 [11] H L A Hart (n 3 ), p 200 [12] HKSAR v Ma Wai Kwan David [1997] 2 HKC 315 [13] Ibid, 334 [14] R Wacks (n 1), p 7 [15] Ng Ka Ling v Director of Immigration [1999] 1 HKC 291 [16] Ma Wai Kwan David (n 12) [17] Ng Ka Ling (n 15), 322-323 [18] The Basic Law, Art 158 [19] Lau Kong Yung v Director of Immigration [1999] 4 HKC 731 [20] Ibid, 754-755 [21] R Wacks (n 1), p 4 [22] Dworkin (n 7), p 52 [23] Ibid [24] Simon Lee, Judging Judges (London: Faber Faber, 1988), p 30 [25] P Wesley-Smith, à ¢Ã¢â€š ¬Ã…“Protecting Human Rights in Hong Kongà ¢Ã¢â€š ¬Ã‚ , Human Rights in Hong Kong (Hong Kong: Oxford University Press, 1992) [26] The Basic Law, Art 8 [27] H L A Hart (n 3), p 155-157 [28] R M Hare, Moral Thinking Its Levels, Method and Point (Oxford Clarendon Press, 1981), p 159 [29] The Basic Law, Art 89 [30] Ibid [31] Ng Ka Ling (n 15) [32] S Shiu-Hing Lo, The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan? (Hong Kong: Hong Kong University Press, 2008), p 85 [33] Ming Pao, 26 May 1999, p. A9, as translated by S Shiu-Hing Lo (n 32) [34] Wong On-yin, à ¢Ã¢â€š ¬Ã…“It is wise for Li Kwok-nang to resignà ¢Ã¢â€š ¬Ã‚ , Apple Daily, June 28, 1999, D1, as translated by S Shiu-Hing Lo (n 32) [35]A Wong, à ¢Ã¢â€š ¬Ã…“Lawmakers Endorse Geoffrey Ma As Top Judgeà ¢Ã¢â€š ¬Ã‚ , South China Morning Post, 10 June, 2010 https://www.scmp.com/article/716689/lawmakers-endorse-geoffrey-ma-top-judge [36] Ng Ka Ling (n 15) [37] R Wacks (n 1), p 4

Wednesday, December 18, 2019

The Success Of The Buffalo Bills Essay - 1376 Words

Everyone has a specific skill set that they are good at. Some people are good with numbers, others have a gift for writing. The same is true in sports. The Buffalo Bills are very good at losing and disappointing their fans, while the Patriots are fantastic at bending the rules and winning Super Bowls. In baseball, each team is built around a specific group of players in order to create the best possible chance to win the World Series. Some of the greatest players have created seemingly unbreakable statistics. Joe DiMaggio had a hit in fifty-six consecutive games. Barry Bonds hit seven hundred and sixty-two home runs over his twenty-two-year career. Statistics like these only come about once in a generation. Teams are comprised of various talent. Some are like Miguel Cabrera. Cabrera always has a batting average over .300 with at least 25 home runs. These types of players are considered great hitters. Other’s, like Stephan Drew, get a hit less than 20% of the time th ey have an at bat. Players similar to Drew’s skill set have a job because they are very good at defense and their value on defense out ways their value on offense to their specific team. Baseball is sport rich with statistics. Almost anything one can come up with, has a statistic. In the last ten years alone, top executives, such as Billy Bean, have constructed teams based on advanced statistics and have been fairly successful, like the 2002 Oakland Athletics. Other teams, like the Houston Astros,Show MoreRelated Buffalo Bill Essay1183 Words   |  5 Pages Buffalo Bill nbsp;nbsp;nbsp;nbsp;nbsp;William Frederick Cody, also known as Buffalo Bill, was born into an anti-slavery family. He had a rough childhood, but despite this hardship he grew up to be an adventurous wild west showman, and achieve many historical goals. nbsp;nbsp;nbsp;nbsp;nbsp;On February 26, 1846, near the small town of LeClair, Iowa, William F. Cody was born to Isacc and Marry Ann Cody. At the time William had two sisters, Martha and Julia, and a brother, Samuel. But heRead MoreBuffalo Bill Essay1488 Words   |  6 PagesBuffalo Bill One of the most colorful figures of the Old West became the best known spokesman for the New West. He was born William Frederick Cody in Iowa in 1846. At 22, in Kansas, he was rechristened Buffalo Bill. He had been a trapper, a bullwhacker, a Colorado Fifty-Niner, Pony Express rider (1860), wagonmaster, stagecoach driver, Civil War soldier, and even hotel manager. He earned his nickname for his skill while supplying Kansas Pacific Railroad workers with buffalo meat. He wasRead More William Buffalo Bill Cody Essay688 Words   |  3 PagesWilliam Buffalo Bill Cody Buffalo Bill was one of the most interesting figures of the old west, and the best known spokesman of the new west. Buffalo Bill was born in 1846 and his real name was William Frederick Cody. Cody was many things. He was a trapper, bullwhacker, Colorado Fifty-Niner;, Pony Express rider, Civil War soldier, wagonmaster, stagecoach driver, and even a manager of a hotel. He changed his name to Buffalo Bill sometime in his early twenties for his skill while supplying railroadRead MoreAnalysis of the Film Silence of the Lambs1358 Words   |  5 PagesInvestigations (FBI) Behavioral Analysis Unit (BAU) and the processes they undergo to determine, profile, and apprehend a serial murderer. In the film, the primary BAU investigator is Clarice Starling, who is trying to figure out the identity of Buffalo Bill, a man who has been kidnapping larger women and holding them hostage until he is able to remove their skin in order to make himself a body suit. The mission of the Behavioral Analysis Uni ts (BAU) is to provide operational support for complex andRead MoreFootball Basketball Case Analysis1124 Words   |  5 PagesMiami Dolphins) in the past 14 seasons. Additionally, their presence has consistently hurt the rest of the division, which has only sent one team to the playoffs via a Wild Card berth (2016 Dolphins) since 2010. In short, the dynamic duo of Brady and Bill Belichick has owned the AFC East. Unfortunately for teams not named the Patriots, the division drew the NFC South and AFC West as 2017 interdivisional opponents, which should be two of the toughest divisions during the coming season. Although it mayRead MoreAnalysis Of The Wild West1441 Words   |  6 PagesWilliam â€Å"Buffalo Bill† Cody, a scout, bison hunter, and showman living in the late 1800’s and early 1900’s. Cody was most famous as the â€Å"creator and star of Buffalo Bill’s Wild West, a spectacular entertainment of the late nineteenth and early twentieth centuries.† This show traveled the United States and was based on William Cody’s life experiences. Many of the sequences included mock battles with Indians and trick horseback riding. 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In the movie, Dr. Hannibal Lector, a well-known psychologist, who turned to cannibalism and his own killing spree madness, becomes recruited in a sense b y the FBI in their hunt to find Buffalo Bill. Clarice Starling, an FBI academy student, becomes speciallyRead MoreThe Silence Of The Lambs1526 Words   |  7 Pagesthis notion through her work in a selective field that requires great mental and physical strength. Her job requires her to work with a great deal of independence. Another significant point to draw attention to is that she is able to solve the Buffalo Bill case that no other agent had been able to solve. She was also the only agent that Hannibal Lecture would open up to. She displayed great competence and successfully completed tasks that that her male peers struggled with. From very early inRead MoreArtificial River Essay1109 Words   |  5 Pagesbuilt towns all along the route from Buffalo to Albany prospered from the revenue and the attraction the Canal brought with it. 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Tuesday, December 10, 2019

Company Its Overall Strategy Are Understoodâ€Myassignmenthelp.Com

Question: Discuss About The Company Its Overall Strategy Are Understood? Answer: Introduction: The chosen organisation is Woolworths Limited. It is an Australian company which has immense retail interest in the whole of Australia as well as New Zealand. The company is headquartered in Bella Vista, New South Wales, Australia. It is also the largest retailer of takeaway liquor in Australia. The company operations include several segments including supermarkets, petrol, general merchandise, home improvement, liquor retailing, pubs and hotels under the Australian Leisure and Hospitality group as well as the discounted departmental stores. The company has established itself successfully in the retail industry and is definitely a name worth reckoning with. Despite a considerable loss of revenue in the financial year of 2016, the company had an inspiring success story and hopefully will achieve the success it had previously attained. Background: The history of Woolworths began in the year 1924 in the year 5th December. In Sydneys Imperial Arcade, the Woolworths Stupendous Bargain Basement opened for its business. It was in the year 1927 that the second store opened making it a chain. In New Zealand, the first Woolworths store was opened in 1929. By the year 1930, the company has 16 stores in New South Wales, Western Australia as well as Queensland. Despite the depression years and the problems accompanied with it the company continued to flourish. The first ever food stores of the company were launched in the 1950s. The next few years saw the company becoming one of Australias favourite liquor retailers. In the year 1964, the company opened its own Quality Assurance Laboratory. It was opened to ensure that the company meets the needs of the customers and there is no scope for complaint. The successive years saw several ups and downs of the company including establishment of a segment for high quality buyers as well as huge l osses but the Australian icon did not fade away and continued to remain a global name. More than one lakh and ninety thousand people are employed at Woolworths Company and it is therefore one of the largest private sector employers in Australia (Keith, 2012). Background of the founders: The five founders of Woolworths Limited include Percy Christmas, Stanley Chatterton, Cecil Scott Waine, George Creed and Ernest Williams. Percival Christmas was a retailer and was convinced that advertising is the key to successful retailing and was drawn towards this concept. Robert Ernest Williams was a journalist, teacher, and essentially a man of action was drawn to the retail industry after retiring from the position of clerk. Together the five individuals founded the Woolworths Limited company. Approach of the Company: The companys commitment towards hard work and integrity is extremely resolute. The down-to-earth culture as well as the family and friendly values of the company set it apart from the rest in the business market. Every new approach of the company towards its business is developed keeping the customers in mind. The company is build under a relationship of trust and is a name to reckon with in the Australian retail market (Arli et al., 2013). Benefits delivered by the company: The process design team aims to internalise the key Business Process Management Capabilities. The Woolworths Limited developed the Business process management capabilities and the other developed capabilities include: Methodology: There was a development of a robust approach with thee inclusion guidelines, conventions for the activities in BPM projects at Woolworths Limited. The process design team employed relevant authorities for implementing the necessary approaches. Internal Training: The initial development of the training process was supported by a consulting company on process modelling and improvement. The companys process design team has developed the relevant material and incorporated it into the Woolworths Limited training curriculum (Jie, Parton Chan, 2015). Governance: The consulting team as well as the companys process design team co-developed a specific approach to ensure the process work value is maintained as the organisations valuable asset. There has also been a defined governance which has been established to provide accuracy, consistency as well as relevance of the material which is process related (King Thobela, 2014). Communication: The business is engaged by the process design team to communicate the benefits of an organisation which is process centric as well as facilitate application of process approach to the projects. Process improvement methodology: An appropriate process improvement methodology was developed by the company and the Woolworths Academy gave training and mentoring to the appropriate personnel (Chandrasekaran Raghuram, 2014). Process centric benchmarking: Cross divisional assessment required process centric benchmarking and hence the company developed the relevant process centric approach (Cooper Vlaskovits, 2013). Capture and reuse methodology: The company implemented improved capture and reuse of the Process Intellectual Property enabling the execution of the project comparatively faster (Humayun, 2016). Strategy and objectives of the Company: The company always aims to perform in a way that the customers always put it first. In order to achieve this objective, the companys priorities are as follows: Building a store and customer led team and culture Generation of momentum of sustainable sales in Food(Visser, 2012) To evolve their drinks business in order to provide customers with more value and convenience Empowerment of portfolio business for strategy pursuance to deliver value to the shareholders Focus on becoming a lean retailer by end to end process and excellence of the systems (Gibson, Michayluk Van de Venter, 2013). The strategy of the company is simple: Developing one team Improve processes and reduce costs Develop a cohesive brand Update product offerings Refresh stores Future of business, shopping and recommendations: There has been the change in every facet of life due to the advent of mobile technology especially in case of retail. There is the access to a variety of products at different prices to all types of customers. The customer base of the company comprises almost eighteen million. Hence it is important for the company to earn their customers loyalty (Frederick Rose, Hawryszkiewycz Kang, 2014). SWOT Analysis: Strengths: Great market presence Retail business understanding Value oriented business practices Efficient brand name as well as efficient operations (Chandrasekaran Raghuram, 2014) Successful own-store brands Weaknesses: Revenue losses Negligible global presence compared to competitors Late arrival to the online market Failed sustainability of competitive advantage Opportunities: Brand promotion through advertisement, sponsorship and advertising Seeking growth through strategic acquisitions as well as franchise models in emerging economies (Humayun, 2016) Threats: Increase in the raw material costs from both food as well as non-food impacts Possibility of economic recession hindering the overall growth strategy of opening more stores(Cooper Vlaskovits, 2013) More competition from international companies. Table 1: SWOT Analysis Summary and Conclusion: The Woolworths Limited company is immensely popular and has achieved success in several areas of business which are important for any organisation which included the development of the process framework. Several projects at the company and their scope have been assisted by the frameworks. Detailed analysis of the implementation of information systems with a specific division is carried out at specific time intervals. Clarity is provided within the project work conducted and impacts which can be changed for both the roles as well as the systems is provided. Attention was also brought towards the overall process flow for system as well as non-system oriented functions. As a result, sound decisions were made regarding the deployment strategy as well as implementation of the project. Sessions of communication which were more or less regular were conducted with senior representatives of Woolworths different divisions to ensure proper communication. Information provided to the goal of Business Process management as to the utilisation of assets across the divisions was completed. References: Arli, V., Dylke, S., Burgess, R., Campus, R., Soldo, E. (2013). Woolworths Australia and Walmart US: Best practices in supply chain collaboration.Journal of Economics, Business Accountancy Ventura,16(1). Chandrasekaran, N., Raghuram, G. (2014).Agribusiness Supply Chain Management. CRC Press. Cooper, B., Vlaskovits, P. (2013).The lean entrepreneur: How visionaries create products, innovate with new ventures, and disrupt markets. John Wiley Sons. Frederick Rose, J., Hawryszkiewycz, I., Kang, K. (2014). When and how to facilitate the introduction of new knowledge processes in organisations.VINE: The journal of information and knowledge management systems,44(2), 210-227. Gibson, R. J., Michayluk, D., Van de Venter, G. (2013). Financial risk tolerance: An analysis of unexplored factors.Financial Services Review. Humayun, S. H. (2016). Merchandising operation of Woolworths Global Sourcing. Jie, F., Parton, K., Chan, C. (2015). Australian beef supply chain integration: case studies of the two largest Australian supermarkets.International Journal of Supply Chain and Operations Resilience,1(2), 121-138. Keith, S. (2012). Coles, Woolworths and the local.Locale: The Australasian-Pacific Journal of Regional Food Studies,2, 47-81. King, L., Thobela, S. (2014). Woolworths farming for the future.International Food and Agribusiness Management Review,17(B). Visser, W. (2012).Business frontiers: Social responsibility, sustainable development and economic justice. BookBaby.

Tuesday, December 3, 2019

The Rich Brother free essay sample

Many times family can be the source of your strength as well as your greatest weakness. The short story, The Rich Brother, by Tobias Wolff shows the issues that people all over the world confront. One of the major themes in this story is that family ties are stronger than anything else no matter what the situation is. Since Donald and Pete were children they showed certain rivalry between them. As they grew older their difference of opinion towards life went into totally opposite horizons. While Pete is a businessman with a great family, Donald stills single with not plan for life. When Pete knew that Donald was kicked out of the farm where he was living, Pete offered help to him. Pete offered hospitality until Donald finds his way. He also expresses his concern about what can happen to Donald in that long trip, so Pete comes and pick him up. We will write a custom essay sample on The Rich Brother or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Also Pete gave some money to Donald so he can support himself for a while. On the other hand, Donald is worry about Petes view from life. Donald tries to convince him that money is not everything in life. Although that Pete used to hurt Donald when they were kids and Donald accused him of it, deep in his heart, Donald stills loving Pete. Later on we discovered that Donald gave all the money to Webster; and when Pete realize what his little brother did he gets really displeased. After their discussion Pete left Donald at the edge of the dark and lonely road. After while Pete decided to come back and pick him up again. Even though they have being separated for long time, Pete shows that sense of protection by taking care of Donald. As well as Donald takes care of him in his own way. That is what families do for their members, not matter what their strength or weaknesses are. After all, they have the same blood. The two brothers cannot live without one another. Even though they have many issues that superficially separate them, family ties are more important and stronger than any other thing.