Judicial Precedent Is Best Understood as a Practice

Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court, it provides guidance to the judges when they apply case precedents. It also provides certainty, consistency and clarity in the application of precedents. The rule is that judges should decide like cases in like manner. It is a decision of the court used as a source for future decision making. This is known as stare decisis and by which precedents are authoritative and binding and must be followed. Doctrine of precedent or stare decisis, this item is from the latin phrase â€Å"stare decisis et non quieta movere†, means to stand by decisions and not disturb that which is settled. The doctrine of binding precedent based on stare decisis, that is standing by previous decisions. Once a point of law has been decided in a particular case, that law must applied in all future cases containing the same material facts. For example in the case of Donughue v Stevenson (1932) AC 562. The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Knitting Mills (1936) AC 85. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future case containing the same material facts. Besides, the obiter dicta is things stated in the course of a judgment which are not necessary for the decision. The decision of the judge may fall into two parts, the ratio decidendi means reason for the decision. The ratio decidendi in a case is the principle of law on which a decision is based. When a judge delivers judgment in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason. Besides, obiter dictum means something said by the way. The judge may go on to speculate about what his decision would or might have been if the facts of the case had been different. The binding part of a judicial decision is the ratio decidendi. An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in the original case. However, an obiter dictum may be of persuasive authority in later cases. For example, in the case Donoghue v Stevenson (1932), the house of lords held that a manufacturer owed a duty of care to the consumer that products are safe because the circumstances prevented the consumer from discovering any defects. This is a ration decidendi and lord Atkin’s â€Å"neighbour test† was obiter. Where there is no existing precedent, the court will declare the law and the case will become an original precedent, example, in the case Airedale NHS Trust v Bland (1993) HL, where the courts were asked to decide if food and treatment could be lawfully withdrawn from a patient in a persistent vegetative state, and thus allowed to die. The concept of ratio decidendi tries to link the competing aims of the notion of rule of law, ie, the requirement of certainty in the application of law and flexibility in the development of law within the legal system. To identify the ratio in a case, Professor Goodhart (1931), set out a method of identifying the ratio decidendi as the ratio is derived from the application of the law to the facts that were treated as material by the judge in his decision and generalising them to make a principle. Besides that the principle of the case is found by taking account of the facts treated by the judge as material ; and his or her decision as based on them. The principle is therefore a formula, which the facts fit, and the facts provide a specific instance or example of the application of the principle. However, Professor Julius Stone (1959) argued that Goodhart’s theory was prescriptive rather than being descriptive of actual practice. In Stone’s analysis, the ratio of a case is part of a legal category of indeterminate reference or concealed multiple reference. The facts of a case precedent are able to be material under a wide range of fact descriptions, but any given decision was open to a succession of subsequent judicial reformulations of the prior decision. So, the question for the later court is the analogical relevance of the prior case holding to the later case, thus requiring the later court to choose between possibilities presented by the earlier case. This gives us a picture of radical indeterminacy . This is because the later courts appear to have great freedom in reinterpreting the actual ratio of the certain case. Stone’s approach is considered as a rather radical scepticism towards the concept of ratio. Consequence of the indeterminacy of the ratio is the difficulty in identifying the ratio of a case actually provides the English common law system the flexibility when case law is applied and its subsequent development through the courts. From Cross (1991) who argues â€Å"it is impossible to devise formulate for determining the ratio decidendi of a case†, but ‘this does not mean it is impossible to give a tolerably accurate description of what lawyers mean when they use the expression’. Consequently, courts have a great deal of choice in reformulating and interpreting law. In his work on legal reasoning , Neil MacCormick (1987) makes the point that often the ratio of a case can only be determined in light of what judges subsequently make of it. In conclusion, the discussion above have gone to establish that the doctrine of binding precedent is nothing more than a practice of the English judiciary. As a judicial practice, the doctrine provides a guide to judges on how case precedents are to be applied in courts. If the doctrine is avoided or not allowed, there are no legal sanctions or consequences. At worst, if there is a rampart ignoring of the doctrine by the courts, the outcome will be uncertainty and instability in the common law and its development.

How Internal and External Forces Affect Organizational Behavior Essay

Analyze how internal and External Forces Affect Organizational Behavior Examples of Internal and External Forces Include the Following: Competition: Some Chief Executive Officers when trying to build a high performance work culture will use a strategy that pits one employee against another employee to form a competition between the two. Methods such as these may entice employees to work harder, but sometimes these tactics will backfire and undermine employee cooperation. In-house internal competition does sound logical to many managers, employ the best people and evaluate them on regular intervals with sound measures. Then rank them from best to worst, unload the worst then praise the best, and shower them with money, and promotions while devoting enough attention to the rest of them so that they will not leave, and keep working hard. â€Å"The rhetoric of competition is appealing in our individualistic sports-oriented society, and we revere executives who talk about tough competition, survival of the fittest and the virtues of winning.† Past-news Organizational-Behavior-The-Enemy-Next-Door http://www.cioinsight.com The economy: Hiring practices have changed dramatically over the years. Quality individuals are being employed, and immediately they are trained for positions within the organization. Companies are investing in low or unskilled workers and training them at company expense. In the past this has been a warning sign to businesses. As the economy rises, organizations are coerced to hire worker who are less experienced. This means that there is a loss of productivity. However, salary increases have remained the same at an increase of1.8%, down from the 3% in 1998. â€Å"Productivity, which should have been much lower, has proceeded at 2% annually. Part of the explanation for this unprecedented trend seems to be the investment of companies into equipment. Technology has become so accessible that unskilled workers, bolstered by new technology, can be many times more productive† Retrieved from Business Week Online June 10th, 2011 â€Å"The Economy’s Rising Tide,† by David Leonhardt, and Laura Cohn http://www.associatedcontent.com/article/1139/organizationalbehavior

Is Organic Food Good for You Essay

What is organic food? †¢(1) Organic food is food which has been produced to standards designed to keep the production more ‘natural’. Fewer, if any, chemicals are used and most pesticides are banned – when they are used they are very carefully controlled. †¢(2)Organic food costs more then non-Organic food. This is not always the case but on average organic farmers generally charge more for their produce because: oMany organic farming practices take a bit longer and produce lower yields oIt is more labor intensive than conventional agriculture oFields have to be taken out of food production while they go through three years of organic conversion or for fertility building. Here you will find out if organic food is good for you or not, there will be the science behind it, advantages, and disadvantages evidence and a conclusion. The science behind it In the rush to produce more and more crops to satisfy growing demand producers have had to resort to using a lethal cocktail of pesticides to control disease and insect attack. Good news for their bank balances perhaps but not good news for your health, this is why you need to be informed of the advantages of organic food. Did you know that if you consumed an average apple you would be eating over 30 pesticides, even after you have washed it? Organic food is known to contain 50% more nutrients, minerals and vitamins than produce that has been intensively farmed. You will have to eat more fruit nowadays to make up the deficiency, but unfortunately that means eating more chemicals, more detrimental affects on your health eating something that should be good for you! Some more startling facts now. Pesticides in food have been linked to many diseases including: ? Cancer ?Obesity ?Alzheimer’s ?some birth defects There are probably others but if you think about it, how can it be okay for you to eat chemicals and not expect some form of reaction in your body. Our bodies are delicwonderful machines. Any form of foreign chemical is bound to cause irritation at the least. (3)Some organic foods, including fruit, vegetables and milk, may be more nutritious than non-organic produce, according to an investigation by British scientists. Early results from a ? 12m study showed that organic fruit and vegetables contained up to 40% more antioxidants than non-organic varieties, according to Professor Carlo Leifert at Newcastle University, who leads the EU-funded Quality Low Input Food project. Larger differences were found in milk, with organic varieties containing more than 60% more antioxidants and healthy fatty acids, he said. Antioxidant-rich food is often promoted as healthier because in lab tests the compounds neutralize free radicals that are thought to contribute to ageing. (4) Ben Gold acre says the Soil Association’s criticism of the recent Food Standards Agency research on nutrients is â€Å"not about organic food† and that â€Å"the emotive commentary in favor of organic farming bundles together diverse and legitimate concerns about unchecked capitalism in our food supply†, In fact, our argument with the FSA research is about whether it gives a fair and accurate picture of organic food. Gold acre. First, he said we were trying to change the argument by saying that â€Å"the important issue with organic food is not personal health benefits, but rather benefit to the environment†. More farmland wildlife, high animal welfare and lower pollution were not mentioned in our own initial response, but were put forward strongly by the government when the FSA launched its report, and we repeated it as the government’s view, with which I agree. Second he argued that absence of pesticides, no routine use of antibiotics on farm animals and far fewer additives allowed in organic food all deliver health benefits. Goldacre says that as these â€Å"cannot be measured† by the FSA research, mentioning them â€Å"is gamesmanship†. These are real benefits, confirmed by other research. The organic movement represents a spectrum of practices, attitudes, and philosophies. On the one hand are those organic practitioners who would not use chemical fertilizers or pesticides under any circumstances. These producers hold rigidly to their purist philosophy. At the other end of the spectrum, organic farmers espouse a more flexible approach. While striving to avoid the use of chemical fertilizers and pesticides, these practitioners do not rule them out entirely. Instead, when absolutely necessary, some fertilizers and also herbicides are very selectively and sparingly used as a second line of defense. Nevertheless, these farmers, too, consider themselves to be organic farmers [6]. For raising animals, antibiotics would not be permitted as growth stimulants but would be permitted to counter infections. The rules permit up to 20% of animal feed to be obtained from non-organic sources. This was done because some nutrients (such as trace minerals) are not always available organically. Irradiation, which can reduce or eliminate certain pests, kill disease-causing bacteria, and prolong food shelf-life, would be permitted during processing. Genetic engineering would also be permissible. More Nutritious? Organic foods are certainly not more nutritious The nutrient content of plants is determined primarily by heredity. Mineral content may be affected by the mineral content of the soil, but this has no significance in the overall diet. If essential nutrients are missing from the soil, the plant will not grow. If plants grow, that means the essential nutrients are present. Experiments conducted for many years have found no difference in the nutrient content of organically grown crops and those grown under standard agricultural conditions. Safer? Many â€Å"organic† proponents suggest that their foods are safer because they have lower levels of pesticide residues. However, the pesticide levels in our food supply are not high. In some situations, pesticides even reduce health risks by preventing the growth of harmful organisms, including molds that produce toxic substances . To protect consumers, the FDA sets tolerance levels in foods and conducts frequent â€Å"market basket† studies wherein foods from regions throughout the United States are purchased and analyzed. Its 1997 tests found that about 60% of fruits and vegetables had no detectable pesticides and only about 1. 2% of domestic and 1. 6% of imported foods had violative levels [13]. Its annual Total Diet Study has always found that America’s dietary intakes are well within international and Environmental Protection Agency standards. Most studies conducted since the early 1970s have found that the pesticide levels in foods designated organic were similar to those that were not. In 1997, Consumer Reports purchased about a thousand pounds of tomatoes, peaches, green bell peppers, and apples in five cities and tested them for more than 300 synthetic pesticides. Traces were detected in 77% of conventional foods and 25% of organically labelled foods, but only one sample of each exceeded the federal limit Pesticides can locate on the surface of foods as well as beneath the surface. The amount that washing can remove depends on their location, the amount and temperature of the rinse water, and whether detergent is used. Most people rinse their fruits and vegetables with plain Tastier? â€Å"Organically grown† foods are not inherently tastier than conventionally grown foods. Taste is influenced by freshness, which may depend on how far the products must be shipped from farmer to consumer. What kinds of locally grown fruits and vegetables are available varies from community to community. Whether they are organically or conventionally produced is unlikely to make any difference. In the early 1990s, Israeli researchers made 460 assessments of 9 different fruits and vegetables and no significant difference in quality between â€Å"organic† and conventionally grown samples. The Consumer Reports’ study found no consistent differences in appearance, flavour, or texture. Better for the Environment? Many buyers of â€Å"organic† foods believe that the extra money they pay will ultimately benefit the environment by encouraging more farmers to use â€Å"organic† methods. But doing this cannot have much effect because â€Å"organic† agriculture is too inefficient to meet the world’s food needs. Moreover, the dividing line between organic and conventional agriculture is not sharp because various practices are not restricted to one or the other. For example, â€Å"organic† farmers tend not to use pesticides, but faced with threatened loss of crops, they may change their mind. If certain patterns of pesticide use cause more harm than good and there is a way to remedy the situation, the people concerned about it can seek regulatory solutions. I don’t believe that paying extra for food will benefit anybody but those who sell it. This research shows there are benefits,† said Dr Kirsten Brandt of Newcastle University, which led the research. â€Å"The reason why it’s such a grey area is because it’s extremely difficult to measure the health benefit in any food, but we can say that if you eat 400g of fruit and vegetables per day you would get 20 per cent more nutrients in organic food. † Peter Melchett, policy director of the Soil Association, welcomed the new research. He said: â€Å"There is clear evidence that a range of organic foods contain more beneficial nutrients and vitamins and less of things known to have a detrimental health effect. â€Å"

Personal Philosophy of Life Essay Example | Topics and Well Written Essays - 2000 words

Personal Philosophy of Life - Essay Example Talking about true wisdom as the final destination to reach, what is actually true wisdom? For me, I believe that true wisdom is the ultimate knowledge which stays in perfect balance with the basic moral principle. Knowledge without morality is not wisdom, just cold ignorance. Is a man who knows how to destroy the world wise? He is, only if he chooses not to use that knowledge. Morality without knowledge is not wisdom either but blind foolishness. In a war or in wilderness, is a man who doesn’t want to kill wise? Unless he knows how to survive without killing, he is a dead man not a wise one. My ideal true wisdom might seem to be distant destination which can never be attainable. However, in a lesser degree, true wisdom is achievable in daily life. The first main point of the wisdom is balance. Thus, as long as the knowledge that we acquire and apply lies in harmony with the moral principle we value, we attain the lesser true wisdom†¦ for the time being. The next main point is progress. Once we stop trying to reach the ultimate true wisdom, the lesser wisdom we have will quickly fade away. To keep in direct contact with true wisdom, we need to gain more and more knowledge while basic moral values take the role as the safety measurement. Putting it in more systematical order, here are some steps we need to do to keep the wisdom within our grasp. First, we need to honestly realize what we don’t know. After that, we should allow our mind open to new ideas. Then, filtering these ideas using logic and moral principle should be our immediate task. Any idea which is not in harmony with the moral values we believe in should be stored away or even discarded from our mind. Finally, we need to put the acceptable knowledge into practice. If this new knowledge works well without significant ethical conflict, we should apply it either for personal gain or society’s benefit. Well, the path of wisdom does not end here though. We need to keep repeating the

The US Nation Building Process in 19 Century Research Paper

The US Nation Building Process in 19 Century - Research Paper Example On March 4th 1825 John Quincy Adams became the 6th president. As president, he designed the Monroe Doctrine, which was a warning to the European countries not to colonize the northern or the southern states (Adams 23). This was to be considered as aggression, which The US would intervene. Adams opposed slavery, which made him at loggerheads with congressmen from southern states. The American settlers had begun to take land and explore the western states a phenomenon known as westward expansion (Bentely, Ziegler and Salter 56). The settlers justified this expansion because it was a way to increase the size of the country. Besides, it was a chance to exploit the rich minerals such as gold, especially in California. The new states in the west were also to provide new markets for the excess goods produced due to industrialization. The settlers’ expansion westwards led to the Texas Revolution also known as the US-Mexican war in documentary Mexico, Battle for North America. This too k place between Mexicans and Texas settlers. The war was caused by the Mexican President abolishing the federal constitution and instead establishing a more central one. This decision was unpopular among Mexicans, therefore, led to violence and session movements. The Texan army, which was led by Sam Houston, defeated the Mexican army and Texas gained independence from Mexico thereby becoming the Republic of Texas in 1836. Texas was later annexed by Congress and become 28th state on December 29 1945 (Bentely, Ziegler and Salter 87). One of the major challenges the US faced during that time was the civil war. This was fought between 1861and 1865 and occurred between the northern and southern states. Whereas the northern states abolished slavery and regarded it as sinful, the southern states supported it.

Diabetes in the Young Research Paper Example | Topics and Well Written Essays - 1500 words

Diabetes in the Young - Research Paper Example Pathophysiology of Type 2 Diabetes Research of type 2 diabetes in the young adults and children continues to provide insightful information about the pathophysiology of the disease. Qualified researchers attribute susceptibility to the disease to both genetic and environmental factors (Eppens & Craig, 2006). Inherited genes might predispose an individual to a combination of failure of beta-cell secretion and insensitivity to insulin produced (Eppens & Craig, 2006). This means that individuals with a history of this disease have increased chances of contracting it compared to individuals with no record of type 2 diabetes in their family. 45-80% of these children have a parent suffering from type 2 diabetes. 74-90% of the reported children cases show that they have the 1st or 2nd degree relative suffering from the disease (Eppens & Craig, 2006). Some researchers might also argue that women have a higher chance of contracting the disease than men (Eppens & Craig, 2006). Other genetic fa ctors that increase the person’s susceptibility to the disease are intrauterine exposure to diabetes, puberty, low birth-weight, and ethnicity (Eppens & Craig, 2006). ... For example, the continuous advancement in the technology industry induces laziness among the young adults and children, who would rather engage themselves in computer games indoors instead of riding a bicycle outside. As a result, the levels of obesity among the young have skyrocketed over the years, increasing their chances of developing type 2 diabetes (Kaufman, 2002). Obesity affects the body by overworking all the organs. In addition, the high cholesterol levels also clog up the blood vessels, causing a disruption in the supply of essential enzymes and nutrients in the body (Kaufman, 2002). Brief literature review focusing on current research The American Pediatric Board described type 2 diabetes as the new epidemic affecting the pediatric population. The incidence and prevalence rates have increased by 33% between 1990 and 2000 (Kaufman, 2002). Research shows that the disease accounted for 16% of new pediatric diabetes recorded in the urban areas in 1992, and by 1999 the record s showed up to 8- 45 % increase in new cases as per the geographic location (Kaufman, 2002). Further research reveals that ethnicity plays a crucial role in the susceptibility patterns of the disease. Mainly people of African-American, Native-American, Asian-American, and Mexican-American descent suffer from type 2 diabetes. For example, African-American children represent 70-75% of new pediatric patients of type 2 diabetes in Ohio and Arkansas (Kaufman, 2002). Very limited information is available about effective evidence-based treatment. However, National Institute of Health has recently disbursed funding to a multicenter consortium charged with the responsibility of determining the outcomes of the different treatment regimens

Management case study applying 10 management theories

Management applying 10 management theories - Case Study Example Bearing in mind that the traditional methods of competitive advantage may not apply to the modern business sector, market segmentation and appropriate targeting can also act as a competitive advantage. However, to take advantage of this, the organization ought to devise reliable ways of undertaking market research, which requires the right employees who can only be acquired through recruitment and selection. Although the organization may decide to undertake internal recruitment, it is usually recommended to undertake external recruitment through advertisements, referrals, and the Internet. This provides a new set of skills for the organization that can be used to capitalize on market segmentation and targeting. In spite of this advantage, this also requires additional resources that mean additional expenses that organizations take lengthy discussions to deal with. To accomplish the required outcomes, the organization ought to understand the impact that rational decision making can have towards the realization of this quest. Rational decision making incorporates several steps that begin with the identification of a problem, formulation of alternatives, implementation of the most appropriate solution, and evaluation of the impact that the implemented solution has. In most cases, this process favors logic, analysis as well as objectivity. Since marketing is an issue in the organization, as indicated in the case study, this provides information on the problem to be resolved while the next step would involve several alternatives that may include increasing supply or even identifying areas to supply specific products. This is because the research would provide information concerning customer preferences, which is very important to organizations. Once the most appropriate step has been agreed upon and implemented, the final step is very important

Food & Beverage Revenue Management Essay Example | Topics and Well Written Essays - 2500 words

Food & Beverage Revenue Management - Essay Example Established in 2004, Red Bamboo offers a casual and relaxed atmosphere but guarantees an enjoyable dining experience. The star of the restaurant is the food, so people are encouraged to visit in relaxed garments or casual attire. The restaurant is conveniently situated in the heart of Central Dublin's food and restaurant district. The restaurant can conveniently seat around sixty to eighty-five guests and is open seven days a week for lunch and dinner: As in any food business, Red bamboo also encountered problems in controlling yields and revenues, especially in its initial year of operations. The management then decided to use an effective yield management mechanism to address the problems which will eventually affect the overall operations of the restaurant (Kimes, 1989). Yield management is an approach aimed at improving revenues and increasing the course of consumer demand. In order to achieve these goals, yield management utilizes the fundamental stratagem of giving the precise service at the right point in time to the right consumer at the appropriate price (Kimes, 1989). Each segment of this approach entails definite tactical levers that enable the management to come up with an efficient and advantageous yield management plan. The factors that greatly affect the outcome of this strategy are best known as the 4 Cs which are cost, clock, calendar and capacity. Calendar procedures entail control over the timeframe when the transaction/reservation is made. Clock-related strategies rotate on the timing of the service delivered to the customer. Capacity issue is associated with effectively selling seating that is on hand based on the existing demand. Last, cost refers to the appropriate value of the service (Kimes, Chase, Choi, Lee, and Ngonzi, 1998). It is imperative to provide a measurement tool or give definition to the sale which is the outcome of the service provided. For Red Bamboo's case, the management referred to it as available seat per hour or seat/hour (Kimes, 1989). The guiding principle for an effective yield management plan is to take full advantage of the revenue that could be made on the available seat/hour (Kimes, 1989). For purposes of easier identification, management referred to this as REVSH. Being able to quantify in a time-related approach the goal of the process, the management of Red Bamboo then refocused on the specific stratagem levers that will impact REVSH. Among the levers that were initially identified are the following: meal preparation, menu plan/design, operational process, labor setup, etc. Red Bamboo's management first looked into the physical capacity of the restaurant. Red Bamboo conveniently seats sixty persons in its main dining hall, twenty in the bar and when weather permits, can seat around fifteen in an outside patio/area. When the revenue management plan began, Red Bamboo's menu consisted of twelve appetizers, twenty-five entrees and six desserts. In order to ascertain baseline information on mealtime length, arrival sample and REVSH, data was collected on an hourly fashion; though point of sales and observation by the staff. From these collected data, the management then estimated the average periodic meal duration by calculating the standard deviation and variance during meals (Miller, Dopson, and Hayes, 2004). It was found out that the average meal duration of customer was one hour

Dystopia Essay Example | Topics and Well Written Essays - 500 words

Dystopia - Essay Example In this urbanized society of chaos, fear is used as a way of coercing the collective will of its citizenry. Some of these fears include globalization, fear of aliens (earthly and otherwise), fear of immigrants, and a fear of loss of cultural identity. Other elements that contribute to the dystopic state are: widespread acts of violence within the working classes, and a dummy government that is utterly incapable of restoring any law and order. The escalating anarchy is related to the densely populated urban settings, the predominant of which is Los Angeles. The above mentioned characteristics of urban life in 2019 America may not have all elements of a dystopian state manifest in it. But, there is enough chaos, anarchy, disorder and violence to classify this environment s a dystopian one. On the other hand, the dystopia depicted in the movie Brazil is not so much an anarchic one as it a totalitarian one. It has resonances with the George Orwell’s dystopia of 1984 – an impotent bureaucracy, prompt action against dissenters and a highly commercialized culture where elevated human values are of no positive consequence. To top this state of civil decay, the totalitarian government is also inhuman and inefficient. The people feel hopeless and have no option other than subordinating themselves for the interests of the state. The constant surveillance of people keeps the whole society on an edge, making violent civil outbreaks a frequent occurrence. The violations against basic rights are so profound that protestation as a concept does not even arises among the people. In both the cases of fiction, the natural conditions for a psychologically healthy living are not provided to the people by the state. Hence, they resort to violent and unethical ways of finding some respite. In both the movies, terrorism is shown as a ever growing phenomenon. More disturbingly, its prevalence is so profound that the people have

Ethics in criminal justice Essay Example | Topics and Well Written Essays - 750 words

Ethics in criminal justice - Essay Example The selective enforcement of laws is only rarely an outcome of law enforcement corruption.. An overview of history evidences that during periods when the perpetrators of a particular type of crime occupy a position of singular importance, there is a tendency to `look the other way.’ This was the case during the 1920s with Prohibition, to name but one example. Selective enforcement as determined by the relative power of the perpetrators is immoral and ethically indefensible. More often than not, the selective enforcement of laws is predominantly, a consequence of volume of crime versus the resources at the possession of law enforcement forces. In the not uncommon periods where violent crime rates supersede non-violent crime rates, law enforcement tends to direct its attention to the latter and overlook victimless crimes within the context of the former. The implication here is that law enforcement may overlook crimes of possession or substance abuse consequent to the imperatives of focusing resources on the combating of the drug trade itself. Likewise, law enforcement is unlikely to enforce laws pertaining to petty shoplifting when resources are better expended in the combating of aggravated assault, grand larceny and armed robbery. The implication here is that the selective enforcement of law is a consequence of priorities. Even while conceding to the fact that absolute ethics dictates the uniform implementation of all operational laws at all times, law enforcement’s failure to do so is not indicative of a breakdown of ethics. In fact, given the motivations for law enforcement’s selective implementation of laws, their doing so may be categorized as an exercise of utilitarian ethics. In accordance with utilitarian ethical systems, both the reasons which motivated an action and the consequences of the said action determine

The Role of Design Studies in Development Essay

The Role of Design Studies in Development - Essay Example Today’s designer chooses from economy, politics, and environment their field of profession thus creating awareness to more and more people, in other words, helping the world and making people realize what is happening and what will be the future. Designers always have the approach to do good whether designing anything. The designers open up the negative feeling and the happenings around. They are truly helping people making them realize what the need of the hour is (Duff 2009). The designers focus on things to change them. They observe and focus on almost every detail as possible. The power of vision is much greater than that of words. The visualization of a problem is far more convincing than of speaking and telling. (Manav 2009). 1.2 Design studies and development: The designs, new and improved continue to appear for generations and years giving the same thought a different perspective and meaning making it more attractive thus leading it to more progress. The main promotion areas for the design are in expos, trade fairs and museums. (Mattew 2013). 1.2.1 First world countries: Keeping an eye of the aspects of the first world countries the thought prompts that why the First world does solve third world’s problems when it already has its own. Carolina Vallejo launched a competition entitled â€Å"Design for the First World†. She specified the problems like the production of food, eating disorders, aging, population, low birth rate, over-consumption and many more. She mentions why is the first world helping the third world when such problems already persist in. she surveyed for the solution of the first world problems in her thesis. Vallejo says that she is not discouraging the designers for their efforts, it’s just that the water, education, medicine and electricity are the problems of the first world too, why not to focus upon them first and others later. She says that the First World needs to focus on its problems now or later; in future it might not become the case that the First World needs help. It should be the designers who should be tackling the situation and knowing that what impact such a thing would have (Good 2010). It is not the responsibility of the First World countries to help out others when we already need to look for the problems ourselves (Funds for NGOs 2012 ) 1.2.2 Third world countries: The third world countries are reliant upon the first world countries although the first world country for sure has its interest in it. Thus an aid is provided to solve their political, scientific, infrastructural and economic problems. Most outstanding are the water and education. Removing the impurities and making the water potable is a great gift for these people as it helps in drinking, irrigation and reduces the effects of diseases and viruses. As far as tutoring is concerned educating the residents would make a better, protected and brighter future. It will remove the odds as literacy rate shines in t he sky. The design technology and studies benefits the third world countries. One of my friends who studies Design and Technology, is designing a game in her class, for Red Cross to enhance people’s awareness and knowledge of disaster preparedness in the face of flooding, drought and other climate change related issues in Uganda. Moreover, my friend told me that,

Censorship on Huckleberry Finn, Argument and Counterargument Essay Example for Free

Censorship on Huckleberry Finn, Argument and Counterargument Essay Time and time again art has been criticized for being too vulgar and expressive, Mark Twain was one of these individuals who participated in art, he was raised in the generation where slavery was common and racial slurs were frequently used. So to criticized and censor his work for writing what he grew up knowing would be like punishing Huck Finn for stealing things from others when he was told it was borrowing all his life by his pa â€Å"Pap always said it warn’t no harm to borrow things if you was meaning to pay them back some time; but the widow said it warn’t anything but a soft name for stealing, and no decent body would do it† (Chp. 12 Pg, 49). I strongly disagree with the fact that people want to ‘update and improve’ the classic â€Å"Adventures of Huckleberry Finn† because it uses a term that is found offensive frequently in todays generation. My problem with this posse that wants to change the wording of the book is that, their biggest concern to why they want to change the word â€Å"nigger† to â€Å"slave† is that they’re doing for the children, trying to make it more comfortable for them to read and protecting the youth from frowned upon terms. If this is their concern then why are they singling out books and classics from decades ago, why not focus on the books being published now with the terms â€Å"whore† â€Å"slut† or â€Å"trailer trash† in it? To me those are equally offensive terms. John Foley once said that he thinks â€Å"To Kill a Mockingbird† Harper Lee’s classic about racial inequality in the Deep South, and John Ste inbeck’s â€Å"Of Mice and Men†(Source A) should be removed from the curriculum for similar reasons† all because they show the reader the time gap between the setting of the writing and the present of today even though in the beginning of all books they tell you what time frame the story is held in â€Å"SCENE: The Mississippi Valley; TIME: Forty to Fifty Years Ago† (Page 0). Now I can see why some might want these books (Huck Finn, Of Mice and Men, and To Kill a Mockingbird) removed from curriculum, yes I do believe that Twain used the term â€Å"nigger† a few times to many, â€Å"the N-word appears 219 times in Huck Finn† (Source C). Children or even young adults should not be exposed to the vulgar terms and racial slurs that were used in the past. Isn’t the whole point of evolution is to change over time? What good comes from exposing our youth to the past that we all know America is not fond of? Don’t we want our youth to kn ow that these terms are not acceptable in today’s society or the future? When these books make it sound like it was just a little friendly nickname. This is why I feel like students and parents should be given the choice as to whether they want them to read books such as these. We do it for movies at the beginning of every school year, why not do it with books also?

Vocabulary Learning On Low Proficiency Learners English Language Essay

Vocabulary Learning On Low Proficiency Learners English Language Essay In many research on second language classroom, the role and influences of mother tongue or first language (L1) on second language (L2) learning has always been a hotly debated issue. There have always been contradicting views about whether or not to use L1 of the students in the second language classroom. During the past 30 years, in the late seventies to early eighties, the idea of using mother tongue in language classroom was not a favored one. Majority of the language classroom used solely L2 while the use of L1 is avoided totally (Liu, 2008). In fact, many supported the use of L2 only so as to provide full exposure to that language. The use of L1 in the language classroom is deemed as depriving the learners input in L2 (Ellis, 1984). Despite the many arguments from both proponents and opponents of the use of L1 in the L2 language classroom, linguistic researchers failed to provide a conclusion for this issue and could not reach a common ground on whether the use of L1 is considered as a facilitator or a barrier in the acquisition of second language. According to Nation (2003), L2 should be fully utilized as much as possible in a foreign language classroom (in this context, English). Though L2 should be the core language used in classroom management and learning, the use of L1 should not be abandoned as it has a minute but significant role in language learning (Nation, 2003). Apart from Nation (2003), there are many linguists and researchers in the field of second language acquisition who agreed that L1 should be utilized in the language classroom in particular with students who are not highly proficient in the target language (Swain Lapkin, 2000; Tang, 2002; Mattioli 2004). This suggests that L1 plays an important role in the language classroom especially for the low proficiency learners. However, not many empirical studies have been conducted to examine the effectiveness of using L1 as a tool for low proficiency learners in L2 classroom (Bouangeune, 2009). Therefore, this paper seeks to find evidence to support the theory that L1 can facilitate the learning of L2 in the classroom learning. Classroom learning for languages encompasses four language skills, for example, reading comprehension, writing, and vocabulary learning. As a head start, this paper will examine the use of L1 in L2 vocabulary learning. 1.2 Research Objectives Liu (2008) did a rather straightforward and comprehensive research on the effects of L1 use on L2 vocabulary learning. In his study, he managed to prove that bilingual vocabulary teaching method is actually suitable for Chinese EFL learners (Liu, 2008). Inspired by his research, this study aims to address the problem of low proficiency learners in Malaysian secondary government school. This study will replicate the research done by Liu (2008) to investigate the role of L1 in L2 vocabulary learning. Also, this study intended to identify whether L1 is a facilitator or a barrier to the L2 vocabulary learning in Malaysian context and how L1 facilitates the language learning. The main objective of this study is to examine the effects of L1 use in L2 vocabulary learning on low proficiency L2 learners. 1.3 Research Questions Based on the objective, this study seeks to measure how L1 facilitates the low proficiency L2 learners to understand the meanings of new words. This study aims to answer the following questions: What are the effects of using L1 in L2 vocabulary learning classroom? To what extend does the use of L1 increase the performances of L2 vocabulary learning. From here, we propose the following hypotheses: There are significant differences between the performances of students with different language approach in the vocabulary learning. The bilingual approach (incorporating L1 in L2 classroom learning) is suitable to low proficiency L2 learners. 1.4 Purpose of the Study This study sets to focus on L2 vocabulary learning due to the reason that acquisition of vocabulary has a fundamental role in learning a second language (SÃ ¶kmen, 1997). In other words, vocabulary learning is inter-related to other language skills. A number of studies claimed that L2 learners need to have extensive knowledge of vocabulary as it is useful in the long term run (Nation, 2001). Since the acquisition of vocabulary is so important in learning a second language, effective ways of teaching and learning vocabulary should be emphasized. Research has confirmed that proper application of L1 can effectively assist the memorization of new words during L2 vocabulary learning process. Liu (2008) used the fact that L1 is present in L2 learners mind, therefore, whether the teacher uses L1 or not, the L2 knowledge that is being formed in their mind is linked in all sorts of ways with their L1 knowledge. This observation is supported from the sociocultural theory perspective that L1 meanings continue to have a persistent effect in the L2 learning (Lantolf Thorne, 2006). Therefore, it is hope that through this study, we are able to draw some insights concerning the role of L1 and how L1 provides a familiar and effective way for acquiring and understanding the meaning of new words in L2 vocabulary learning. 1.5 The Theoretical Framework The theoretical framework for this study is based on three prominent second language acquisition theory, namely the Krashens Monitor Model (1985), Swains Output Hypothesis (1985) and Comprehensible Output (1995) and Longs Interaction Hypothesis (1981, 1996). It has been widely acknowledged that the three constructs of these theories, the input, interaction and output are closely related elements in L2 learning (Zhang, 2009). The input is vital for language acquisition. However, input alone is not sufficient. In addition, interaction comes into play as an equally important role in the process of learning. As for output, it is the final result or the goal in learning L2. According to Krashen , the input and output of L2 learning and production is reflected by the model in Figure 1 below: Figure 1: Krashens combined model of acquisition and production Learners need to receive comprehensible input the L2 acquisition. Before the input is being processed into the Language Acquisition Device (LAD), it may or may not be filtered as the Affective Filter Hypothesis explains. With comprehensible input and low affective filter, learners will be able to acquire the L2 knowledge and produce output. However, the notion of output is not strongly stressed in this model, therefore a model of second language acquisition is also adopted. The model is reflected in Figure 2 below: Figure 2: A model of second language acquisition and use (based on VanPatten, 1995) Based on the above Krashens combined model of acquisition and production (Figure 1) and a model of Van Pattens second language acquisition (Figure 2), the framework below (Figure 3) is conceptualized to represent the relationship between Krashens comprehensible Input and Affective Filter Hypothesis, Longs Interaction Hypothesis and Swains Output Hypothesis in second language acquisition process in the context of using L1 in L2 teaching of vocabulary. Figure 3: Conceptualized framework based on combination of input, interaction and output 1.6 Significance of study Since there has been few studies done by the language teachers and professionals in identifying whether the use of L1 in the learning of L2 vocabulary on low proficiency students, this study will serve as a groundwork to determine the effectiveness and to gain insight of whether there is any differences, of how well the low proficiency students response and improve by using L1 in vocabulary learning. This paper hopes that the result from this study would add to the betterment of interest and motivation among the students and improve their proficiency in second language vocabulary learning. 1.7 Limitation of the Study This study examines only the low proficiency students who are studying in form 5, who are selected because they have been receiving below C grade for their English result. Due to insufficient representations of students of other level, generalization is applicable only to the form five students of the particular school. There is also the matter of class control. Since the students were from low achievement class, they are also the possibilities that they had discussed the answers among themselves. The research also suffers from time constraints. The purpose of this quantitative study is to determine the usage of L1 in L2 vocabulary learning on low proficiency students. Further studies may carry out in different samples for identification of different strategies and method use. 2.0 LITERATURE REVIEW 2.1 History of language learning on L1 use in L2 teaching Throughout the history of second language acquisition both in the context of learning and especially teaching, the role of L1 has long been the most long-standing controversies in the history of language pedagogy and this, according to Stern (as cited in Anh,2010) . This was further supported by Hitotuzi (2006) who stated that first and foremost, to further understand the important and significance of the relationship of L1 and L2 in second language acquisition, one should start as early as one could in the periodic the role of the learners first language in the process of foreign/ second language learning and acquisition. The issues of whether or not to use the L1 in the L2 teaching have left a debate among teachers with some feeling that under certain limitations, the L1 could be used as a tool while the other teachers feel that L1 should not be involved in the teaching of L2 (Stapa Majid,2009). According to Anh (2010), the attention given to this matter has been increasing and ha s garner a lot of interest in research and studies carried out to further develop the methods and issues concerning to the qualities of using L1 as a resource in the language classroom and also among the language teaching profession. The history of L1 usage in L2 teaching can traced thought history and it could be considered to have started as early as in the nineteenth century in the western countries, where the Grammar Translation Method dominated the L2 classroom (Anh, 2010). Howatt (as cited in Hitotuzi, 2006) also stated that the Grammar Translation Method enjoyed a widespread acceptance excessively in the late nineteenth-century until the World War II, this is according to Bowen, Aden and Hilferty (as cited in Hitotuzi, 2006). Here, it can be seen that the usage and issues of L1 usage in L2 language acquisition has long started and practiced throughout history. According to Larsen-Freeman (as cited in Anh, 2010), the Grammar Translation Method derived from the teaching of the classical languages, Latin and Greek, where, through this method, L2 was used in grammar illustration, bilingual vocabulary lists and translation exercises and was a fundamental goal in helping learners be able to read literature (Anh, 2010). Since then, as stated by Hitotuzi (2006), many other significance occurrence can be seen in the development of L1 in L2 acquisition such as of Howatts Direct Method which focused on the extremisms in the usage of the mother tongue a movement that occur in the twentieth century and was according to him, was shortly preceded by Lambert Sauveurs Natural Method and followed by the Armys Method, or the Audiolingual Method (ALM). The matter of L1 usage in L2 teachng has a deep root in Second language and Hitotuzi (2006) further mentioned that During these centuries of controversy over the role of L1 in the L2 learning context, many untested teaching, practice and sinvolving (or excluding!) Learner L1 has been adopted; they rely essentially on popular beliefs. Anh (2010) also stated with the aim of developing post-communicative methods which regard L1 as a classroom resource, several studies connected to the role of L1 in the teaching of L2 have been conducted. 2.2 Krashens Monitor Model In the theories of second language acquisition, the Input Hypothesis by Stephen Krashen (1985) is said to be one of the major theories frequently referred to (Zheng, 2008). This hypothesis aims to explain how learners acquire a second language. It claims that language input (vocabulary) is important to acquisition. For the acquisition of L2 vocabulary, comprehensible input is an essential factor. According to the hypothesis, second language acquisition happens when the learners understand input that contains grammatical forms at i+1 (Zhang, 2009). In simpler terms, if learners are able to understand the explanations and instructions given by teachers, then their current competence i will be promoted to i+1. Learners tend to achieve optimal acquisition when they are able to understand most of the input while being challenged by some new vocabulary (Castro, 2010). It would be a waste of effort for a teacher to keep on speaking in L2 if the students are low proficiency L2 speakers. The teacher might be carrying many classroom activities but without the help of L1, the students cannot understand the instructions and participate in the activities. Therefore, it is crucial for teachers to provide sufficient comprehensible input to their students in the language classroom. When Krashen came out with the Input Hypothesis, he further described acquisition with another closely related hypothesis, the Affective Filter Hypothesis. The Affective Filter Hypothesis explains that learners need to receive the comprehensible input into their brains. However, learners tend to filter or block out the target language if they become tense, confused, angry or bored (Lightbown Spada, 1999). In order to prevent learners from having high affective filter towards target language, they need to be fed with acceptable taste of food. Previous studies have reported that teachers tend to fine students for using their L1 in English language classroom (Weinberg, 1990). If the students speak their L1 (Spanish, Cantonese, Mandarin, Vietnamese, Russian or Farsi) in the English language classroom, they will be fined 25 cents. This reminds me of my primary schooling days where we were made compulsory to communicate in English during the English Week and if we fail to do so, we will b e fined 10 cents for each word spoken in our mother tongue. As a result, many students dared not speak much or speak out loud during that week because they could not converse in English language fluently. This situation clearly explains that when learners become frustrated, upset, angry and resentful at the environment of the language classroom, their learning stops. Therefore, it is critical for teachers to consider the barriers faced by the L2 learners especially lower proficiency learners and provide comprehensible input to lower their affective filters. 2.3 Longs Interaction Hypothesis The other important element in L2 learning is interaction. Long (1981, 1996) influenced by Krashens theory on input developed the Interaction Hypothesis. In addition, Long (1981, 1996) focused on the link between the language learners and their language development. Since early 1980s, researchers have been concentrating on studying the role of interaction and considered it as important for second language acquisition (Xu, 2010). The central focus of the Interaction Hypothesis is on the negotiation for meaning (Castro, 2010). Comprehensible input must be accompanied by interactions to yield a more desirable output. The occurrences of interaction produce significances, feedbacks and input modifications that help to increase comprehension of content. Long (1996) noted that interaction facilitated comprehension and acquisition. In other words, interactive input is more important than non-interactive input (Ellis, 1994). Interactions in the language classroom are very important for both teachers and students. L2 learners should be given chances to interact with the teachers for clearer understanding. There should be possibilities for L2 learners to clarify requests, check comprehension and request for repetition in the classroom learning. Long (1981, 1996) noticed the differences in communication exchange between the native speakers and non-native speakers. For native speakers, they tend to continue communication despite the non-native speakers language limitations. Therefore, the non-native speakers need frequent negotiations for better understanding (Zhang, 1010). As such, the language used in delivering contents needs to be comprehensible to the learners so that their attention can be drawn in the classroom learning. Besides, L1 should be used as a tool to sustain the interactions between L2 low proficiency learners and their teachers so that both parties can enter into negotiation for meaning. 2.4 Swains Output Hypothesis In response to the Input Hypothesis by Krashen (1985), Swain (1985) argued that comprehensible input may not be sufficient for successful second language acquisition (Zhang, 2009). Furthermore, in order to produce comprehensible output, comprehensible input alone is not sufficient to L2 learning process. Research has been conducted using the Output Hypothesis and the results show that there is a link between language use and language learning (Zhang, 2009). From here, we know that in order to yield desirable output, we have to consider the factors that contribute to a more effective learning process. 2.5 Low proficiency L2 learners and vocabulary learning According to Anh (2010), due to the controversial of the impact of L1 usage in L2 teaching, many studies and research have been done on it. Although most of the research have been on the subject none really focused on how L1 usage in L2 teaching in the context of Low proficiency L2 learners. As stated by Latsanyphone and Bouangeune (2009), few experimental research and studies has been done on L1 to observe to find out whether it is an effective tool for teaching low proficiency learners. They further stated that The many agreement by professionals from the field of second language acquisitions such as Nation, 2001; Swain Lapkin, 2000; Atkinson, 1987; Tang, 2002; Auerbach, 1993; Mattioli, 2004 that stated and agree L1 usage would be an advantage with low proficiency students in a target language suggested that L1 plays an significant function in language teaching, particularly for the low proficiency learners. According to Latsanyphone and Bouangeune (2009), result from a study cond ucted by Ramachandran and Rahim (2004), who studied the effectiveness of using L1 in translation method, suggested that using L1 in the course of translation method was more effective than not using L1 in developing ESL learners vocabulary knowledge ability, and could also advance elementary ESL learners skill to recall the meaning of the word that they have learnt. They further stated that Based on the above, it seems necessary to look at the approaches for vocabulary teaching. Such implication could only mean that L1 in the teaching of L2 in the context of low proficiency students could prove to an advantage and should be further investigate the effectiveness of using L1 in teaching vocabulary to low proficiency learners despite the controversy of L2 teaching should only used L2 language as the medium of teaching. 3.0 Methodology 3.1 Introduction This section presents the study design and sets of procedures that were employed for the data collection of this research. The sample for this research was taken from a secondary school in Pasir Gudang, Johor Bahru. Only the Form five students from the low proficient class are involved in the study. 3.2 Subjects The subjects for the study were selected of form five students in a secondary school in Pasir Gudang, Johor Bahru. They were selected from the classes that have the lowest result of English (c and below). 3.3 Instruments Two tests (pre-test and post-test) were used to obtain and collect data in this study. The students literacy was measured using language tests. Two vocabulary tests were conducted in the classroom within 1 week. The students were instructed to tick or cross depending on whether they know the meaning of the word. If yes, then they need to provide the meaning using their own words and the answer in L1. Their test results were collected and analyzed. 3.2 Procedures This approach is based on a questionnaire survey conducted on the target group. The main instrument used for this study is an open-ended vocabulary questionnaire that consists of ten chosen English vocabulary from SPM level essay. Where the students are instructed to tick or cross depending on whether they know the meaning of the word. If yes, then they need to provide the meaning using their own words and the answer in L1. A pre-test was conducted on the students. After the pre-test, the students were divided into two groups, experimental and control. The control group received explanation and discussion of the vocabulary and its meaning in English while the experimental group explanation and discussion were conducted in L1 (Bahasa Melayu). A post-test was done a week later. Both the experimental and control group were given the same format of questionnaire with the same questions/words as previous test. The purpose of the second test was to see how many words were acquired one week before could be remembered, and to see whether there was any difference in the vocabulary acquisition of the new words between the two groups. 3.3 Data analysis A quantitative method was used in processing the data. The data collected in the study was inspected. Tests were objectively marked by the researchers. For each correct answer/ meaning, they were given 1 mark. Data scores were carefully typed into the SPSS data table in order to gain the desired data and analyzed using independent sample T-test analysis. 4.0 RESULTS AND DISCUSSION 4.1 Pre-test The objective of the analysis of the questionnaire is to answer the two questions of What are the effects of using L1 in L2 vocabulary learning classroom? and To what extend does the use of L1 increase the performances of L2 vocabulary learning. The results were interpreted independent sample T-test analysis shown in the graph below. The distribution of pre-test score by Class 1 (Experimental Group) is skewed to the right. It has a range from 0 to 2. IQR is 1. The mean and median are similar at 1.1 and 1 respectively. According to this graph, two of the students received 0 marks, 5 of them with 1 mark, and three of them with 3 marks. This could probably due to lack of knowledge of the given words and their meaning. However, from the answered questionnaire received, it could be seen that they do showed sign of positiveness and effort when they do try to answer each words in direct translation using L1 for example homeless, answered as kurang rumah. The distribution of pre-test score by Class 2 (Control Group) is skewed to the right too. It has a range from 0 to 8. IQR is 1. The mean and median are similar at 2 and 1 respectively. Accordingly, I students with 0 mark, 5 students achieved 3 mark, 2 student with 2 mark, I student with 3 marks and only 1 students received 6 marks. This group also showed poor comprehension of the given word although fared slightly better than the experimental group. From the above result, we can see that the post-test mean of Experimental Group (Class 1) is 14.2 and the post-test mean of Control Group (Class 2) is 11.8. Compare with the pre-test mean of Experimental Group (Class 1) is 1.1 and the pre-test mean of Control Group (Class 2) is 2, Experimental Group (Class 1) improve mean of 13.1 and Control Group (Class 2) improve mean of 9.8. The Improvement of Experimental Group (Class 1) is higher than Control Group (Class 2). 4.2 Post-test The distribution of post-test score by Class 1 (Experimental Group) is skewed to the left. It has a range from 11 to 15. IQR is 1. The mean and median are similar at 14.3 and 15 respectively. For this post-test, there seems to be an improvement according to the data results. Eight of students in the experimental group achieved 15 words correct, compared to the previous test where the highest is 3 words correct. The usage of L1 had further enhanced their understanding of the word and therefore resulting them to perform better in the post-test. The distribution of post-test score by Class 2 (Control Group) is skewed to the left too. It has a range from 7 to 13. IQR is 1. The mean and median are similar at 11.8 and 12 respectively. We could see from the result that there is improvement from the pre-test. Eight of the students had managed to get 12 and 13 correct. From the result above, we could see that the usage of L1 in the learning of vocabulary on low proficiency students do have a differences. 4.2 Problems with this study There were also problems and limitation that needed to be addressed in regards to this study. First and foremost, are the time constraints. As we progress with the research, we found that the duration of one week interval is not sufficient to test their understanding and memory. Another matter that concerns us is the insufficient representations of subjects; therefore, generalization could not be made for all form five low proficiency students. From the questionnaires that received back, we could not guaranty on the class control since we, the researcher are not there our self. Therefore, we could not be positive that the test was done under control situation, meaning, the teacher had made sure that the students had answered all the questions on their own. 5.0 CONCLUSION From the independent samples test, p-value was not above 5%, we have found a statistically significant difference between the true population mean post-test result by Experimental Group (Class 1) and Control Group (Class 2) at the significance level. This means that the Experimental Group (Class 1) has the sufficient evidence to suggest that they should teach the students base on their mother tongue language. However, from the result, by using L2 in vocabulary learning, could also achieve improvement. Therefore, it is hard to conclude which of the method is most effective if we were to compare them. However, the result remains that L1 usage do enhance the vocabulary acquisition. Taken together, the effects of using of L1 in L2 vocabulary learning classroom is encouraging and constructive. L1 should be used as a facilitator in the L2 vocabulary learning especially with students of lower proficiency.

God Is Not Great Essays -- Literary Analysis, Christopher Hitchens

In his book God Is Not Great: How Religion Poisons Everything, Christopher Hitchens dissects and criticizes the various claims of religions and the tragic events that have been caused by various religions. The title of the book sums up the arguments of Hitchens in this book in the fact that he makes many arguments of why â€Å"religion poisons everything.† The majority of the chapters in this book discuss why he believes religion to be a manmade notion that has led to more trouble than anything else in the world. Most of his focus is on the three Abrahamic religions of Christianity, Islam, and Judaism but he does fit in criticism of other religions as well. The topics he chooses to discuss range from the sketchy origins of Mormonism to the problems with circumcision. Through his various arguments, Hitchens not only claims that religion is manmade, but also that the idea of any type of divine being is absurd. Hitchens makes the argument that there is no divine being by analyzing the various faults of religion. He begins with his own religious falling out during his grade school years and from their goes on to question religion on a larger scale. He spends a good part of the book his book analyzing the wars and suffering caused by people of faith. He questions the customs and ethics of the God in various religious texts. Hitchens focuses all of the attention of the book on the negative aspects of religion and decides that due to these negative aspects of religion there is no higher power to the universe. His argument goes beyond trying to discredit religion, but he sees a call to put an end to religion. He states, â€Å"Above all, we are in need of a renewed Enlightenment, which will base itself on the proposition that the proper study of ... ...uses does have merit because throughout history religion has had its detrimental effects. What Hitchens has done with these examples is tried to present them in a way to make a person not very well informed in reasoning skills to think that religion has caused only bad. He makes statements that paint those with religious beliefs as fanatics with the main purpose of killing those who don’t believe the way they do. By not fully exploring the way in which religion has had beneficial effect, Hitchens has set up an argument that could easily convince people that religion only has negative effects. The next stop on this exploration of this book is chapters seven through nine which reviewer Geoffrey Sutton says â€Å"seems to be the center point in his book† (372). These three chapters go into in depth analysis of the Old Testament, New Testament, and Koran, respectively. God Is Not Great Essays -- Literary Analysis, Christopher Hitchens In his book God Is Not Great: How Religion Poisons Everything, Christopher Hitchens dissects and criticizes the various claims of religions and the tragic events that have been caused by various religions. The title of the book sums up the arguments of Hitchens in this book in the fact that he makes many arguments of why â€Å"religion poisons everything.† The majority of the chapters in this book discuss why he believes religion to be a manmade notion that has led to more trouble than anything else in the world. Most of his focus is on the three Abrahamic religions of Christianity, Islam, and Judaism but he does fit in criticism of other religions as well. The topics he chooses to discuss range from the sketchy origins of Mormonism to the problems with circumcision. Through his various arguments, Hitchens not only claims that religion is manmade, but also that the idea of any type of divine being is absurd. Hitchens makes the argument that there is no divine being by analyzing the various faults of religion. He begins with his own religious falling out during his grade school years and from their goes on to question religion on a larger scale. He spends a good part of the book his book analyzing the wars and suffering caused by people of faith. He questions the customs and ethics of the God in various religious texts. Hitchens focuses all of the attention of the book on the negative aspects of religion and decides that due to these negative aspects of religion there is no higher power to the universe. His argument goes beyond trying to discredit religion, but he sees a call to put an end to religion. He states, â€Å"Above all, we are in need of a renewed Enlightenment, which will base itself on the proposition that the proper study of ... ...uses does have merit because throughout history religion has had its detrimental effects. What Hitchens has done with these examples is tried to present them in a way to make a person not very well informed in reasoning skills to think that religion has caused only bad. He makes statements that paint those with religious beliefs as fanatics with the main purpose of killing those who don’t believe the way they do. By not fully exploring the way in which religion has had beneficial effect, Hitchens has set up an argument that could easily convince people that religion only has negative effects. The next stop on this exploration of this book is chapters seven through nine which reviewer Geoffrey Sutton says â€Å"seems to be the center point in his book† (372). These three chapters go into in depth analysis of the Old Testament, New Testament, and Koran, respectively.

The Benefits of Running Essay example -- Exercise Health Fitness Paper

The Benefits of Running Why do they run? Running. It’s painful, tedious, and exhausting. So, why do so many Americans do it? People run for many reasons. Most often, people run to stay in shape and to reach an ideal body weight. Studies show that a combination of diet and exercise is the most effective way to lose weight, as it triggers a loss of body fat and a proportional increase of lean tissue. Running, a rigorous cardiovascular exercise, allows a person to burn an average of 100 calories per each mile he or she runs. Other popular activities, such as biking and walking, only burn a fraction of those calories in the same amount of time. While the average human being burns about 2000-2500 calories a day by simply existing, running 5 miles a day can burn an additional 500 calories, making it a legitimate way to lose weight. Furthermore, running is an easily accessible activity-- with a decent pair of sneakers and some determination, anyone can run. Surprisingly, how fast a person runs has little effect on the number of calories he or she will burn. The most important factor is weight. For example, a 220-pound person running an eight-minute mile burns 150 calories, while a 120-pound person running at the same pace burns only 82. Every person’s body requires an excess of 3500 calories in order to gain a pound or a deficit of 3500 calories in order to lose a pound. Thus, 180-pound person who runs 5 miles each day will lose about 5 pounds a month. However, as his or her weight goes down, he or she will burn fewer calories per mile. Eventually, a runner’s weight will stabilize. When this will happen depends on how much the runner eats and how far he or she runs. Most runners lose weight effortlessly at first, but eventually, t... ...test. It is a place where I can escape my problems and enter into a world where I am invincible. Bibliography Blinkie, David. What is an Ultramarathon? www.fred.net Fixx, James F. The Complete Book of Running. New York: Random House, 1977. Simbeck, Rob. "Running it Off." Nashville Scene. January 22, 1998. Pp. 18-26. Galloway, Jeff. Galloway's Book on Running. Bolinas, California: Shelter Publications, 1984. Hang, John. The Essential Runner. New York: Lyons and Burford, 1994. Henderson, Joe. Better Runs. Champaign, Illinois: Human Kinetics, 1996. Rodgers, Bill. Lifetime Running Plan. New York: Harper Collins, 1996. Running with George. Eating Right to Fuel the Runner. www.brainbug.com Running with George. Finding the Right Fuel for Your Body. www.brainbug.com Running with George. The Fight Against Fat. www.brainbug.com

Technology and the Weakening of Human Gene Pool Essay -- Genes Heredit

Technology and the Weakening of Human Gene Pool Technology exists in countless forms. From sticks used to pry apart clamshells, to nuclear plants that generate energy. One thing that all technologies have in common, is that they advance the human race. Technology acts as a catalyst to bring about new world views, fix problems, and bring answers to questions that could never have been answered in the past. Medicinal technologies in particular bring incredible benefits to mankind. With new medical technologies emerging, society must question their morality, and more specifically, how they should be used. Throughout history, medicine has existed in many forms. As the technology of cultures advanced, so did the applications of medicine. In the early 1700’s if a person’s liver failed, they would certainly be doomed to death. Who would of thought at that time that a transplant could of occurred, that a liver from a different animal, or another human being could save that person’s life. Though there were theories at that time of organ transplants, the technology nee... Technology and the Weakening of Human Gene Pool Essay -- Genes Heredit Technology and the Weakening of Human Gene Pool Technology exists in countless forms. From sticks used to pry apart clamshells, to nuclear plants that generate energy. One thing that all technologies have in common, is that they advance the human race. Technology acts as a catalyst to bring about new world views, fix problems, and bring answers to questions that could never have been answered in the past. Medicinal technologies in particular bring incredible benefits to mankind. With new medical technologies emerging, society must question their morality, and more specifically, how they should be used. Throughout history, medicine has existed in many forms. As the technology of cultures advanced, so did the applications of medicine. In the early 1700’s if a person’s liver failed, they would certainly be doomed to death. Who would of thought at that time that a transplant could of occurred, that a liver from a different animal, or another human being could save that person’s life. Though there were theories at that time of organ transplants, the technology nee...

How policies and procedures help children Essay

Discuss how policies and procedures help children and young people and their families whilst the child is being looked after. In this essay I am going to discuss 6 policies and their procedures whist a child is being looked after. I am going to expand on why this is important for the child parent or legal guardian and also why they are put in place. Firstly I am going to discuss the Safeguarding Policy. Safeguarding Policy Safeguarding is the policy that describes the function of protecting adults and children from abuse or neglect. It is an important shared priority of many public services, and a key responsibility of local authorities.Safeguarding relates to the need to protect certain people who may be in vulnerable circumstances. These are people who may be at risk of abuse or neglect, due to the actions (or lack of action) of another person usually their parent or carer. In these cases, it is critical that services work together to identify people at risk, and put in place interventions to help prevent abuse or neglect, and to protect Safe guarding helps make sure the people whom are protecting the children are correctly checked for example a CRB is mandatory when looking after a vulnerable child. What is a DBS check and why is it needed? Since March 2002, the Criminal Records Bureau has enabled employers to check the criminal records of employees and potential employees, in order to ascertain whether or not they are suitable to work with vulnerable adults and children. For individuals working in certain positions, a valid DBS disclosure is a legislative requirement. The Disclosure and Barring Service also manage lists of individuals who are barred from working with children and adults. New safeguarding regulations introduced in October 2009 place an obligation on employers, social services and professional regulators to notify the DBS of relevant information. This obligation ensures that individuals who pose a threat to vulnerable groups can be barred from working with them. It also makes it a criminal offence for these individuals to apply to work with these groups and for employers to knowingly employ them. This makes sure the child is safe whilst being cared for by a  professional or a carer whom isn’t their parent or legal guardian. It is also important so the parents or carers know the child is in safe hands whilst being cared for out of their control. Recording and Handling Information Policy Recording and handling data is important when looking after children for example whilst a child is in school all their documents must be kept confidential in case any of the other children or irrelevant staff members read or disclose any confidential information. The only time data or information about child should be revealed is if the child is at risk or in danger. Then the relevant person can inform the carer or relevant person to make sure the child is kept safe. Keeping children’s medical records safe is also important in case they ever need reviewed or used in case of emergency. Health and Safety Policy This policy promotes making sure the child is kept safe and in a safe environment for example there are a few policies put in place to make sure this is possible. They are RIDDOR  (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) This is an assessment that must be put in place and a report filed upon if a child is injured in school or any other official place of work. For parents or carers this makes sure it is dealt with and supported correctly it also keeps children safe. COSHH (Control of Substances Hazardous to Health) This is similar to the RIDDOR policy I have expanded on above. All people taking care of the child must make sure all harmful substances are kept away from the child to prevent serious or injury or death. Risk Assessments. Risk assessments are carried out everywhere a child is looked after to make sure the environment and building is safe for the child to live or be taught in. This is a mandatory legal document especially in a school or care environment. This could put a parent or carers mind at risk knowing there child is safe. Health Policy It is a legal requirement that all children must get free healthcare throughout their childhood and adolescent life if needed for example medical care, dentistry care and mental support if needed. This helps support the child so they can stay healthy and get the right support they need. It also helps the parent so they don’t need to worry about the financial side as all this support is free. Education Policy Education is mandatory until you are 18 as of 2012. This is so children don’t fall out of education at 16. You can go down many routes when leaving school for example college, sixth form, training or apprentiships. There is also a legal standard of education in the United Kingdom that must be followed, there are 224 policies within 1 policy itself for education ranging from Reducing violent and gun crime to Reforming qualifications and the curriculum to better prepare pupils for life after school. Having policies in place makes sure that children get the right standard of education and that parents and carers can go out to work whilst their children are at school to make sure they can give their children the best standard of life. It also sets the child up for a good standard of life with good qualifications and life skills. Play Policy When children are in education especially primary school it is a legal requirement that they get break time and toys and equipment to use during this time. The best way for a child to learn is using exploratory learning and learning by trial and error. This is how a child learns life and social skills from a young age. When a child starts school this also gets them well adjusted to letting go from spending all their time with there parent or carer. Every Child Matters 1 Be Healthy 2 Stay Safe 3 Enjoy and Achieve 4 Make a Positive Contribution 5 Achieve Economic Wellbeing I believe that all they above policies shape a child’s life and with the right guidance from parents, carers and education you can shape a decent outcome and setup for a child’s life and development. Refrences. http://www.every-child-matters.org.uk/Framework_5_key_outcomes http://www.theguardian.com/politics/education http://www.playengland.org.uk/resources/national-play-policy.aspx https://www.gov.uk/government/publications/health-and-safety-advice-for-school https://www.gov.uk/disclosure-barring-service-check/overview

Ancient Political Philosophy Essay

What is Philosophy? The Central Questions of Philosophy – Political Philosophy †¢ Value – Ethics (Good, Evil, Right, Wrong, Justice) †¢ Political Philosophy – Aesthetics (Beauty) †¢ Reality – Metaphysics (Cosmology, Ontology) †¢ Knowledge – Epistemology (Theory of Knowledge) PHI 7100 History of Philosophy: The Classical Philosophers  ©2013 Richard Legum – all rights reserved 1 What is Philosophy? Political Philosophy Some central questions of Political Philosophy: †¢ What ought the relationship between a person and society (government) be? †¢ What does society owe its citizens? – Safety (Protection)? Education? Health Care? A Job? †¢ What do the citizens owe society? – Pay taxes? All their possessions? Serve in the military? †¢ What is the just form of government? PHI 7100 History of Philosophy: The Classical Philosophers  ©2013 Richard Legum – all rights reserved 2 PHI 7100 Richard Legum, Ph. D. 1 8. The Central Questions of Philosophy Political Philosophy 7/8/2013 The Central Questions of Philosophy – Political Philosophy Plato The state is the individual writ large (The state is the same as an individual, but on a larger scale) †¢ Three Parts of the Soul – Rational (reason) – Spirited (emotional – defender/enforcer) – Appetitive (emotional – driven by basic desires). PHI 7100 History of Philosophy: The Classical Philosophers  ©2013 Richard Legum – all rights reserved 3 The Central Questions of Philosophy – Political Philosophy Plato †¢ Three kinds of the citizens – Gold – Those possessing reason (Wisdom/Knowledge) – philosophers – Silver – The enforcers of the law – the guardians/soldiers – Bronze – The craftsman, merchants, farmers, etc. †¢ The Republic is the Utopia – Teleology – The goal of the state is to achieve harmony †¢ The gold people, The Philosopher King (the one who knows best) , should rule PHI 7100 History of Philosophy: The Classical Philosophers  ©2013 Richard Legum – all rights reserved 4. PHI 7100 Richard Legum, Ph. D. 2 8. The Central Questions of Philosophy Political Philosophy 7/8/2013 The Central Questions of Philosophy – Political Philosophy Aristotle †¢ The city (polis) is the natural political â€Å"community† or â€Å"partnershipâ€Å" †¢ The aim of the city is to allow citizens the possibility to live a good life, and to perform beautiful acts †¢ Justice is having a constitution (a social contract of sorts) supporting the accomplishment of these goals PHI 7100 History of Philosophy: The Classical Philosophers  ©2013 Richard Legum – all rights reserved 5 The Central Questions of Philosophy – Political Philosophy Aristotle. †¢ Goals of the state are much greater for Aristotle than they were for Social Contract Theory of the Renaissance (Thomas Hobbbes Leviathan (1651), John Locke Two Treatises of Government (1689), Jean Jacques Rosseau The Social Contract (1762) ) – in the pre-government state (pre-social contract) – the state of nature– people fear of violent death, unstable economic relationships, losing their property – The government arises from a Social Contract for the purpose of protecting the citizens PHI 7100 History of Philosophy: The Classical Philosophers  ©2013 Richard Legum – all rights reserved 6 PHI 7100 Richard Legum, Ph. D. 3

Zara Supply Chain

A network and flow explanation to Zara’ success Angel Diaz and Luis Solis Instituto de Empresa, Maria de Molina 12, 5 °, Madrid 28006, Spain E-mails: angel. [email  protected] edu; luis. [email  protected] edu Abstract Zara is a Spanish fashion manufacturer and retailer that has known swift success. Spaniards have become used to visiting Zara frequently, as there is always a new product. Zara launches 100 different collections every year, with over 11000 models, none lasting more than five weeks in production and with an average lead-time (design to store delivery) of four weeks. Inditex, the group to which the brand Zara belongs owns five brands with over 1000 stores in more than 30 countries. Although its global sales are still one sixth those of Gap, its sales have increased at an average 30% per year over the last three years, with net benefits over sales of close to 12% in the same period. In this paper we examine Zara’ production and distribution systems, looking for clues to its mass-customization capabilities. We argue that the key to Zara’ success is its Supply Chain (network and flows) approach. The production network is made of a tightly integrated net of product specialized factories, intensive in capital and run under Toyota’s principles, and a secondary network of over 400 micro enterprises, tightly controlled by Inditex but independent. All these are located in the same small geographical area, Galicia (northwest Spain). The swift flow is facilitated through advanced automation and logistics systems, with emphasis on postponement. We compare these network and flow approaches to those of Benetton and Gap, and argue that the key to Zara’ success is this combination of a tightly integrated local network coupled to the most advanced flow systems. A final consideration is the sustainability of these orderwinners over time. Keywords: Key words: Zara, logistics network, flow, fashion Introduction Intense competition in the global marketplace is forcing organizations to consider new practices by which they could enhance and sustain their competitive capabilities. Network configurations and alliances is such one option through which an organization can leverage its resources to compete effectively against fast and nimble competitors. Furthermore, the emphasis on supplier integration in supply chain management has contributed to the growing interest on strategic supplier alliances by companies around the world. Strategic network alliances are innovative and interesting forms of relationships between buyers and suppliers, however, successful supplier alliances have proved to be very elusive for the most part (Landeros and Monczka, 1991). Despite that academic and practitioner literatures have devoted considerable attention to supply network alliances issues, its dynamics has yet many unanswered questions. Furthermore, most of the literature has focused on cases in few developed countries like USA. There is a need to expand our understanding about international cases since more and more global supply chain networks are becoming more important. The study of the ZARA supply chain network in Spain is a contribution in this direction. The Spanish integrated manufacturer-retailer of apparel Zara has been defined as the Armani for the masses. Although sales of Zara (close to two billion dollars, comparable to Benetton) are much lower than that of the clothing retailer leader Gap, its financial performance has been bright. Net profits of Inditex in 2001 were 340,4 million â‚ ¬, 31% more than the previous year, out of sales of 3. 249,8 million â‚ ¬, a growth of 24% with respect to 2000. Zara launches over 100 collections per year (11. 00 new garments) and has a total design-to-store cycle time of less than 4 weeks. Every garment will be on sale for a maximum of 5 weeks, after which is removed and sent to discount stores or destroyed. Zara invests close to zero percent of its sales in advertisement (5% of sales for Gap), relying instead on keeping customers perpetually interested in finding new surprises (Zara? s customers visit the conveniently located stores an average 17 times a year). While Gap brands, Zara i ntrigues. We argue in this paper that the success of Zara is explained by a business approach in which a highly automated and largely local production and distribution network facilitates very fast response times as the key competitive advantage, and that this design can be due to cultural and market characteristics of Spain. History The founder of Zara, Amancio Ortega started a small garment factory in La Coruna, Galicia in 1963. In 1975 Ortega integrated downstream by opening his first store, Zara. By the end of the decade six stores with that name were located in Galicia. The eighties saw important changes. Ortega created the parent company of Zara, Inditex (stands for Textile Design Industry) announcing a movement toward integrated designfabrication-retail operations. Also in this period an ex-IBM salesman, Jose Maria Castellano, the actual Vice-president of Inditex, imposed a vision of time-based competition sustained on the intensive use of technology that was to dominate the holding in the future. By the end of this decade Zara had 82 stores in Spain and six abroad. In the nineties the group developed the quick response, integrated logistics network described in this case. An important milestone was the adoption at the beginning of the decade, and well ahead of other Spanish companies, of Just in Time and lean production practices, with knowledge provided by Toyota, Japan. By the end of the century, Inditex added four new brands, each for a different market niche and with their own distribution channels. At the closing of the 2001 exercise the group had 1080 stores (449 of Zara, that represents almost 80% of total sales) in 33 countries, over 20. 00 employees and the impressive profitability and growth figures mentioned in the introduction. Networks and Alliances Researchers have provided some evidence that companies relying on strategic network alliances are more profitable since closer buyer-supplier relationships may offer many technical, financial, and strategic advantages over spot market transactions and vertical integration (Mohr and Spec kman, 1994). Furthermore, strategic alliances provide an effective alternative to improve economies of scale and scope. Different scholars have studied the antecedents that lead to different forms of network alliances. These studies suggest that assets type involved will impact the type of relationships (Dwyer, Schurr, and Oh, 1987). A different stream of research has studied the relationship between environmental uncertainty and resource interdependence with the nature of relationships. Handy, 1995; and Mohr and Spekman, 1994, have conducted empirical exploratory studies on the formation and evolution of inter-organizational elationships. Production and logistics are largely regional at Inditex, with much less outsourcing than is common in this sector. Why the network evolved into this configuration can be due to cultural characteristics of Spain. There exist a rich literature on collaboration. According to this Industry Networks, a set of organizations that have developed recurring ties when serving a particular market, is a variation of the old idea of industrial districts (Ebers & Jarillo, 1998). The drivers for collaboration have been extensively analyzed in the literature and can be synthesized in strategies of coespecialization; the search for mutual learning to support fastest product developments, better information and product flows (resulting in cost and time reductions, a dominating theme in logistics); the creation of virtual scale and scope economies; and in the creation of entry barriers, among others (Cervilla and Lorenzo, 2000). Hofstede characterizes Spain? culture as risk avoidance, hierarchical inclined (Granell, 1997). Solis et al. (2000) show that in Spain companies, integration and closer relationships with local and global suppliers in critical processes are becoming paramount. Strategic network alliances require time and resources to be built and sustained. In getting the benefits of integration and synchronization with suppliers, building trust represents the most critical issue for supply network managers. Important for successful strategic supplier alliances is the communication expected behaviour, particularly the quality of information and participation, and the extent to which relevant information is transparent to suppliers. No less important for alliance success is the existence for a formal purchasing commodity selection process and a formal supplier assessment and selection process. These factors plus a comparatively low degree of outsourcing activity in Spain can explain the formation of this type of network. Factories Inditex owns 25 factories, each dedicated to capital-intensive activities (dye, cutting) and the production of a family items. The large majority of these are located in La Coruna. Inditex has additionally developed a network of external micro-companies, many households, that provide labor-intensive services, mainly sewing, which has proven difficult to automate. According to Mr. Castellano the local work force has higher labor cost but also faster reaction time (than outsourced production in a low-cost area). Distribution Inditex owns a single logistics center in La Coruna. This large facility (400,000 square meters) is largely automated, with 2 carrousels for fold garments (60,000 per hour) and 200 kilometers of elevated tracks. Products are transported directly to stores using outsourced but dedicated carriers (Azkar for land transportation –some 80% of deliveries in 2000, and different airlines for exporting, all taking-off from local Galician airports). Flows Two distinct flows can be appreciated at Inditex. One consists of long-term cycles, i. e. purchasing of raw materials and the other a short-term cycle, i. e. , design, fabrication and distribution. The long cycle starts three to six months before each fashion season and consists in the acquisition of two thirds of the raw materials required, mainly cloth (90% of which is sourced from India, China, Morocco, Mauricio, Korea, Italy Germany and Turkey –the remaining one third is supplied during the season), and of one h alf of all garments (15%-20% is acquired in advance, 50%-60% at the beginning of the season and the rest during the season). These are those items that are thought to be stable, i. e. , basic products for which demand is fairly predictable. The rest of the garments (those thought to have a higher risk) are produced inhouse in the short cycle described bellow. The short cycle start with design. This is totally an in-house affair in which over 200 designer work simultaneously on three season collections, the current one for modifications and improvements and the next two (winter 2002 is being currently worked on in the Spring of 2002). Target pricing and low scale customer acceptance trials are usual practices at this step. Patterns are scanned and sent electronically to the manufacturing plants. Here capitalintensive activities such as dying and cutting are performed, while sewing is manually done by the micro-companies described above. Processes in the plants are kept flexible using lean production principles such as multi-skilled and flexible work forces (with an enviable strike record) and simple Japanese-like control systems. Production is thus pushed into the stores (15% at the beginning of the season, the rest according to demand), where the manager uses hand-held devices (currently Cassiopeia PDAs) to send feedback in close to real time about what moves and what doesn’t (colors, sizes, models), allowing for fast adjustments to the production plan. Replenishment to stores is done twice or three times a week, with a lead-time for existing (or subject to slight design modifications) items of two weeks, and of five weeks for new products. Comments It is interesting to compare the strategy of Zara/Inditex to that of Benetton (a similar sized competitor) and of the market leader Gap. Of the three the more integrated, both upstream and downstream is Zara/Inditex. Benetton produces through a network of mainly regional subcontractors, distributes from a centralized, automated warehouse and retails through franchises. Gap subcontracts production to a network of global producers (over 3000 in more than 70 countries) and has a network of global warehouses and distribution centers. Design Zara Benetton Gap Own- continuous Own-periodic Own-periodic Production Distribution 0% own regional factories Centralized D. C. 50% subcontractors Own stores Regional subcontractors Global subcontractors Centralized D. C. Franchises Decentralized warehouses and D. C Zara/Inditex model is not a fashionable global, outsourced network. It evolved as a probable consequence of limitations in the Spanish market, but has proven that a vertically integrated l ocal network when linked to advanced manufacturing and information technology practices can result in quick response times with little stock or waste, a by-product of the synchronization of offer and demand that the integration nature of the process allows. Postponement of the (in-house) fabrication of fashion items considered of high uncertainty, plus the flexibility and quick response implicit in the lean and automated process results in low levels of stock (40% less than Gap, is proportion to sales) An important question is now whether the organization of Mr. Ortega and Castellano can maintain its characteristics and stellar performance as global growth takes place. Due to European expansion a new distribution center is being built in Zaragoza, close to the French border and facilities for production in Mexico are being considered. Labor shortages in the small Galician area have also been reported. The organization could then decide to play in a niche market position and remain as it is, duplicate the actual local Galician network in other regions (e. g. , Mexico) or move towards a global and more externalized network. If the last, and arguably most probable option is pursuit, the challenge for Zara/Inditex will be to maintain their current flexibility. References Cervilla y Lorenzo (2000): â€Å"Redes de empresas y tecnologias de informacion: copciones para el desarrollo de la PYME†. Debates IESA. Vol. 5. No. 1. Dwyer, F. , Schurr, P. , & Oh, S. (1987). â€Å"Developing buyer-seller relationships† Journal of Marketing, vol. 51 (2), 11-27. Ebers, M. y C. Jarillo (1998). â€Å"The construction, forms, and consequences of industry networks† International Studies of Management & Organization. Vol. 27. No. 4 Granell, E. (1998). Managing cluture for success. Ediciones IESA, 1997. Handy, C. (1995). â€Å"Trust and the virtual organization† Harvard Business Review, vol. 73(3), 40-50. Landeros, R. , & Monczka, R. (1991). â€Å"Cooperative buyer/seller relationships and a firm? competitive posture†. International Journal of Purchasing and Materials Management, vol. 11, 2-8. Mohr, J. , & Spekman, R. (1994). â€Å"Characteristics of partnership success: Partnership attributes, communication behaviour, and conflict resolution techniques†. Strategic Management Journal, vol. 15(2), 135-152. Solis, L, & Escobar, D. , (2000). â€Å"The Management of Successf ul Strategic Alliances in Supply Chain Management Networks: An Empirical Study of Success Factors in Spain† Proceedings of XXXV CLADEA Annual Meeting, September, Barcelona. Zara Supply Chain A network and flow explanation to Zara’ success Angel Diaz and Luis Solis Instituto de Empresa, Maria de Molina 12, 5 °, Madrid 28006, Spain E-mails: angel. [email  protected] edu; luis. [email  protected] edu Abstract Zara is a Spanish fashion manufacturer and retailer that has known swift success. Spaniards have become used to visiting Zara frequently, as there is always a new product. Zara launches 100 different collections every year, with over 11000 models, none lasting more than five weeks in production and with an average lead-time (design to store delivery) of four weeks. Inditex, the group to which the brand Zara belongs owns five brands with over 1000 stores in more than 30 countries. Although its global sales are still one sixth those of Gap, its sales have increased at an average 30% per year over the last three years, with net benefits over sales of close to 12% in the same period. In this paper we examine Zara’ production and distribution systems, looking for clues to its mass-customization capabilities. We argue that the key to Zara’ success is its Supply Chain (network and flows) approach. The production network is made of a tightly integrated net of product specialized factories, intensive in capital and run under Toyota’s principles, and a secondary network of over 400 micro enterprises, tightly controlled by Inditex but independent. All these are located in the same small geographical area, Galicia (northwest Spain). The swift flow is facilitated through advanced automation and logistics systems, with emphasis on postponement. We compare these network and flow approaches to those of Benetton and Gap, and argue that the key to Zara’ success is this combination of a tightly integrated local network coupled to the most advanced flow systems. A final consideration is the sustainability of these orderwinners over time. Keywords: Key words: Zara, logistics network, flow, fashion Introduction Intense competition in the global marketplace is forcing organizations to consider new practices by which they could enhance and sustain their competitive capabilities. Network configurations and alliances is such one option through which an organization can leverage its resources to compete effectively against fast and nimble competitors. Furthermore, the emphasis on supplier integration in supply chain management has contributed to the growing interest on strategic supplier alliances by companies around the world. Strategic network alliances are innovative and interesting forms of relationships between buyers and suppliers, however, successful supplier alliances have proved to be very elusive for the most part (Landeros and Monczka, 1991). Despite that academic and practitioner literatures have devoted considerable attention to supply network alliances issues, its dynamics has yet many unanswered questions. Furthermore, most of the literature has focused on cases in few developed countries like USA. There is a need to expand our understanding about international cases since more and more global supply chain networks are becoming more important. The study of the ZARA supply chain network in Spain is a contribution in this direction. The Spanish integrated manufacturer-retailer of apparel Zara has been defined as the Armani for the masses. Although sales of Zara (close to two billion dollars, comparable to Benetton) are much lower than that of the clothing retailer leader Gap, its financial performance has been bright. Net profits of Inditex in 2001 were 340,4 million â‚ ¬, 31% more than the previous year, out of sales of 3. 249,8 million â‚ ¬, a growth of 24% with respect to 2000. Zara launches over 100 collections per year (11. 00 new garments) and has a total design-to-store cycle time of less than 4 weeks. Every garment will be on sale for a maximum of 5 weeks, after which is removed and sent to discount stores or destroyed. Zara invests close to zero percent of its sales in advertisement (5% of sales for Gap), relying instead on keeping customers perpetually interested in finding new surprises (Zara? s customers visit the conveniently located stores an average 17 times a year). While Gap brands, Zara i ntrigues. We argue in this paper that the success of Zara is explained by a business approach in which a highly automated and largely local production and distribution network facilitates very fast response times as the key competitive advantage, and that this design can be due to cultural and market characteristics of Spain. History The founder of Zara, Amancio Ortega started a small garment factory in La Coruna, Galicia in 1963. In 1975 Ortega integrated downstream by opening his first store, Zara. By the end of the decade six stores with that name were located in Galicia. The eighties saw important changes. Ortega created the parent company of Zara, Inditex (stands for Textile Design Industry) announcing a movement toward integrated designfabrication-retail operations. Also in this period an ex-IBM salesman, Jose Maria Castellano, the actual Vice-president of Inditex, imposed a vision of time-based competition sustained on the intensive use of technology that was to dominate the holding in the future. By the end of this decade Zara had 82 stores in Spain and six abroad. In the nineties the group developed the quick response, integrated logistics network described in this case. An important milestone was the adoption at the beginning of the decade, and well ahead of other Spanish companies, of Just in Time and lean production practices, with knowledge provided by Toyota, Japan. By the end of the century, Inditex added four new brands, each for a different market niche and with their own distribution channels. At the closing of the 2001 exercise the group had 1080 stores (449 of Zara, that represents almost 80% of total sales) in 33 countries, over 20. 00 employees and the impressive profitability and growth figures mentioned in the introduction. Networks and Alliances Researchers have provided some evidence that companies relying on strategic network alliances are more profitable since closer buyer-supplier relationships may offer many technical, financial, and strategic advantages over spot market transactions and vertical integration (Mohr and Spec kman, 1994). Furthermore, strategic alliances provide an effective alternative to improve economies of scale and scope. Different scholars have studied the antecedents that lead to different forms of network alliances. These studies suggest that assets type involved will impact the type of relationships (Dwyer, Schurr, and Oh, 1987). A different stream of research has studied the relationship between environmental uncertainty and resource interdependence with the nature of relationships. Handy, 1995; and Mohr and Spekman, 1994, have conducted empirical exploratory studies on the formation and evolution of inter-organizational elationships. Production and logistics are largely regional at Inditex, with much less outsourcing than is common in this sector. Why the network evolved into this configuration can be due to cultural characteristics of Spain. There exist a rich literature on collaboration. According to this Industry Networks, a set of organizations that have developed recurring ties when serving a particular market, is a variation of the old idea of industrial districts (Ebers & Jarillo, 1998). The drivers for collaboration have been extensively analyzed in the literature and can be synthesized in strategies of coespecialization; the search for mutual learning to support fastest product developments, better information and product flows (resulting in cost and time reductions, a dominating theme in logistics); the creation of virtual scale and scope economies; and in the creation of entry barriers, among others (Cervilla and Lorenzo, 2000). Hofstede characterizes Spain? culture as risk avoidance, hierarchical inclined (Granell, 1997). Solis et al. (2000) show that in Spain companies, integration and closer relationships with local and global suppliers in critical processes are becoming paramount. Strategic network alliances require time and resources to be built and sustained. In getting the benefits of integration and synchronization with suppliers, building trust represents the most critical issue for supply network managers. Important for successful strategic supplier alliances is the communication expected behaviour, particularly the quality of information and participation, and the extent to which relevant information is transparent to suppliers. No less important for alliance success is the existence for a formal purchasing commodity selection process and a formal supplier assessment and selection process. These factors plus a comparatively low degree of outsourcing activity in Spain can explain the formation of this type of network. Factories Inditex owns 25 factories, each dedicated to capital-intensive activities (dye, cutting) and the production of a family items. The large majority of these are located in La Coruna. Inditex has additionally developed a network of external micro-companies, many households, that provide labor-intensive services, mainly sewing, which has proven difficult to automate. According to Mr. Castellano the local work force has higher labor cost but also faster reaction time (than outsourced production in a low-cost area). Distribution Inditex owns a single logistics center in La Coruna. This large facility (400,000 square meters) is largely automated, with 2 carrousels for fold garments (60,000 per hour) and 200 kilometers of elevated tracks. Products are transported directly to stores using outsourced but dedicated carriers (Azkar for land transportation –some 80% of deliveries in 2000, and different airlines for exporting, all taking-off from local Galician airports). Flows Two distinct flows can be appreciated at Inditex. One consists of long-term cycles, i. e. purchasing of raw materials and the other a short-term cycle, i. e. , design, fabrication and distribution. The long cycle starts three to six months before each fashion season and consists in the acquisition of two thirds of the raw materials required, mainly cloth (90% of which is sourced from India, China, Morocco, Mauricio, Korea, Italy Germany and Turkey –the remaining one third is supplied during the season), and of one h alf of all garments (15%-20% is acquired in advance, 50%-60% at the beginning of the season and the rest during the season). These are those items that are thought to be stable, i. e. , basic products for which demand is fairly predictable. The rest of the garments (those thought to have a higher risk) are produced inhouse in the short cycle described bellow. The short cycle start with design. This is totally an in-house affair in which over 200 designer work simultaneously on three season collections, the current one for modifications and improvements and the next two (winter 2002 is being currently worked on in the Spring of 2002). Target pricing and low scale customer acceptance trials are usual practices at this step. Patterns are scanned and sent electronically to the manufacturing plants. Here capitalintensive activities such as dying and cutting are performed, while sewing is manually done by the micro-companies described above. Processes in the plants are kept flexible using lean production principles such as multi-skilled and flexible work forces (with an enviable strike record) and simple Japanese-like control systems. Production is thus pushed into the stores (15% at the beginning of the season, the rest according to demand), where the manager uses hand-held devices (currently Cassiopeia PDAs) to send feedback in close to real time about what moves and what doesn’t (colors, sizes, models), allowing for fast adjustments to the production plan. Replenishment to stores is done twice or three times a week, with a lead-time for existing (or subject to slight design modifications) items of two weeks, and of five weeks for new products. Comments It is interesting to compare the strategy of Zara/Inditex to that of Benetton (a similar sized competitor) and of the market leader Gap. Of the three the more integrated, both upstream and downstream is Zara/Inditex. Benetton produces through a network of mainly regional subcontractors, distributes from a centralized, automated warehouse and retails through franchises. Gap subcontracts production to a network of global producers (over 3000 in more than 70 countries) and has a network of global warehouses and distribution centers. Design Zara Benetton Gap Own- continuous Own-periodic Own-periodic Production Distribution 0% own regional factories Centralized D. C. 50% subcontractors Own stores Regional subcontractors Global subcontractors Centralized D. C. Franchises Decentralized warehouses and D. C Zara/Inditex model is not a fashionable global, outsourced network. It evolved as a probable consequence of limitations in the Spanish market, but has proven that a vertically integrated l ocal network when linked to advanced manufacturing and information technology practices can result in quick response times with little stock or waste, a by-product of the synchronization of offer and demand that the integration nature of the process allows. Postponement of the (in-house) fabrication of fashion items considered of high uncertainty, plus the flexibility and quick response implicit in the lean and automated process results in low levels of stock (40% less than Gap, is proportion to sales) An important question is now whether the organization of Mr. Ortega and Castellano can maintain its characteristics and stellar performance as global growth takes place. Due to European expansion a new distribution center is being built in Zaragoza, close to the French border and facilities for production in Mexico are being considered. Labor shortages in the small Galician area have also been reported. The organization could then decide to play in a niche market position and remain as it is, duplicate the actual local Galician network in other regions (e. g. , Mexico) or move towards a global and more externalized network. If the last, and arguably most probable option is pursuit, the challenge for Zara/Inditex will be to maintain their current flexibility. References Cervilla y Lorenzo (2000): â€Å"Redes de empresas y tecnologias de informacion: copciones para el desarrollo de la PYME†. Debates IESA. Vol. 5. No. 1. Dwyer, F. , Schurr, P. , & Oh, S. (1987). â€Å"Developing buyer-seller relationships† Journal of Marketing, vol. 51 (2), 11-27. Ebers, M. y C. Jarillo (1998). â€Å"The construction, forms, and consequences of industry networks† International Studies of Management & Organization. Vol. 27. No. 4 Granell, E. (1998). Managing cluture for success. Ediciones IESA, 1997. Handy, C. (1995). â€Å"Trust and the virtual organization† Harvard Business Review, vol. 73(3), 40-50. Landeros, R. , & Monczka, R. (1991). â€Å"Cooperative buyer/seller relationships and a firm? competitive posture†. International Journal of Purchasing and Materials Management, vol. 11, 2-8. Mohr, J. , & Spekman, R. (1994). â€Å"Characteristics of partnership success: Partnership attributes, communication behaviour, and conflict resolution techniques†. Strategic Management Journal, vol. 15(2), 135-152. Solis, L, & Escobar, D. , (2000). â€Å"The Management of Successf ul Strategic Alliances in Supply Chain Management Networks: An Empirical Study of Success Factors in Spain† Proceedings of XXXV CLADEA Annual Meeting, September, Barcelona.