Informed consent is a process

Informed consent is a process by which the physician obtains authorization from the patient to undergo a particular medical intervention, after explaining the details, its benefits and the risks, and existence of any available alternative, in a manner which the patient comprehends the best.   It can be oral or written, and can be implied (situation arises in which a consent has to be given) or expressed (consent which is specifically mentioned).   A physician has to obtain informed consent before performing any procedure. A procedure carried out without the patient’s knowledge, or any deviation in the intervention carried out, without informing the patient amounts to ‘battery’ (a tort of causing harm deliberately).   However, there are certain circumstance under which informed consent need not or cannot be obtained, including public health situations, medical emergencies, incompetence of the patient, therapeutic privilege or a voluntary relinquishment from the patient. In a public health emergency, consent form the individual is not mandatory as a clash between the patient’s rights and the public rights; would result in the rights of the public prevailing (as more number or people would be affected).   In such emergencies, it may be required to treat or quarantine people, sometimes against their will. During a medical emergency, consent is usually not required, because in such situations the patient is unable to give one.   Obtaining consent may in fact take a lot of time and may delay life-saving procedures.   Studies have shown that consent obtained from patient’s requiring emergency care often lead to development of fear.   Some people felt that in such situations they were more often left without any choice.   Other studies have shown that physicians are more likely to do something beneficially for the patient, in such situations. A physician need not obtain consent from a patient, if he perceives that he/she is incompetent to make a decision about their good health.   Treatment provided in such situations would be deemed as ‘in the best interests of the patient’.   In some cases, the patient may have a condition that affects his/her thinking abilities.   However, if the physician feels that the patient’s condition is not going affect his/her decision-making abut health; then it would always be better to obtain prior consent. Therapeutic privilege is a condition in which the physician need not inform the patient about certain issues in an effort to prevent further harm to the patient.   A physician need not inform the patient if he/she feels that it can cause unnecessary mental tensions.   However, this benefit is often misused by physicians. Some patients may voluntarily give up their rights to give consent, and instead allow the physician to perform the necessary procedures.   In such situations, informed consent is usually not necessary. Consent is usually not needed for routine or minor interventions, as the physician may feel that it is usually implied, considering the fact that the patient has come forward seeking medical care.   However, for interventions in which the risks are significantly higher, consent is mandatory. References: Akkada, Andrea, Jacksona, Clare, Kenyona, Sara, Dixon-Woodsb, Mary, Taubb, Nick , & Habibaa, Marwan (2004). â€Å"Informed consent for elective and emergency surgery: questionnaire study.† BJOG: An International Journal of Obstetrics & Gynaecology, 111(100), 1133. Foà «x, B. A. (2001). â€Å"The problem of informed consent in emergency medicine research.† Emergency Medicine Journal, 18, 198-204 http://emj.bmj.com/cgi/content/full/18/3/198   

Miller vs. California

Miller vs. California is a landmark case held in 1973 that led to a legal definition of obscene and a confirmation that the 1st amendment does not include pornographic materials. In this case Marvin Miller had appealed in the Supreme Court against a ruling that had seen him being guilty of a misdemeanor. He had carried out an activity of mass mailing advertisements for adult books. This particular case had seen him send these materials to a hotel; the hotel manager and his mother opened these. They sued Marvin miller claiming that they had not solicited for them. A California court had found him guilty for knowingly and intentionally having distributed pornographic materials. The case was forwarded to the Supreme Court where the former ruling was affirmed. Miller’s arguments were revolving around the perceived protection of the freedom of speech by the first amendment. His act was protected by the constitution. There was also contention on the legal definition of the word obscenity. The judge’s decision was based on an argument that obscenities and pornographic materials were not protected by the first amendment. The state, the court argued, had the powers, and the right to regulate the flow of those materials. What is obscene, they stated was to be determined by the application of â€Å"contemporary community standards† as opposed to â€Å"national standards† (www.acluprocon.org) The court in making this ruling had a gigantic task trying to define pornography and obscenities. In the end, the court was in agreement after, long reviews, of the legal definition of obscenity which hence it said would be: †¦limited to works which taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, an which taken as a whole, do not have serious literacy, artistic, political or scientific value. (www.law.kmkc.edu). If an average person finds these materials appealing to sex in a morally corrupt manner and if it lacks in any political artistic or social usefulness then it shall be considered offensive and the publicist be liable to a misdemeanor. The miller’s arguments on the protection of his publication by the first amendment were quashed on those grounds. This ruling drew much opposition as well as support. It was as controversial as the subject itself. It was playing around a thin balance of morality and the fundamental freedom of speech. One of the fallacies available in this court ruling emanates from the belief that the state and the court are supposed to uphold the freedom of speech as one of the key constitutional rights. How then does this same court rule against a principle it real posits to protect. The ruling that the first amendment does not extend to protect pornography is not understandable. It seems the court holds pornographic materials as being special and not a form of expression. The decision on what was to be considered obscene and what is to be regarded as socially acceptable was made in a very subjective manner. This was worsened by the claim that it was to be made by an average person in consideration of â€Å"contemporary community standards†. This means that there will be differing criterion to gauge the obsceneness of materials and contents. Different federal states hence can arrive at different verdicts regarding the issue of pornography. The question would be posed about why double standards were to be applied in the different states. The agreement also on community standards is also bound to be confusing. There is no specific criterion on how the people in a state would come to an agreement as to what community standards are to be considered proper. The definition of obscenity passed in the ruling excludes serous political and literary materials or any material that can be considered important to the society. Ambiguity thrives in the term serious. It is not also clear who is supposed to decide what is to be termed as serious or not serious. Serious materials would mean different things especially in the diversities that exist in the United States (www.csulb.edu). The ruling had it that the state had authority to censor any materials considered obscene. It is to act as a moral guardian. Questions rages on the harm caused by these publications that would see the state go to an extent of suppressing freedom of speech. The consequences of allowing pornography are not clear as other materials such as films with violent scenes are allowed free circulation and yet people do not get violent. It is understandable however where the court was coming from unsolicited obscene mails is not excusable but gagging their publication and public’s voluntary access to them is not understandable. Work Cited Miller Vs. California. Aclu Procon.org case No. 250. September 2007 Miller Vs. California. Supreme Court of the United States. Decided on June 21, 1973. 12 September 2007 http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/miller.html Julie C Van Camp. Freedom of Expression at the National Endowment for the Arts. 4th July 2005.   12 September 2007

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

RECRUITMENT - Essay Example Employers will not have to take drastic measures aimed at increasing employee morale; this is because the employee during the application process already knew what she was getting into in the first place. The approach is also strategic in that the employee will eliminate applicants whose motivation in the work place will be derailed by the negative aspects of the job. This saves time and resources for the employer in terms of not training an employee who will not match up the job’s expectations. On the other hand, the applicant is given a chance to look for a different job, which matches up her expectations (Pickard 1). The first disadvantage associated with this approach is the fact that many applicants become discouraged and develop negative attitudes towards a task they have not already engaged. For instance, presenting the applicants with videos depicting views of other employees regarding their job may instill negativity in an employee who is highly motivated. This is true because some employees are usually more motivated than others; they see any negativity as an avenue for a new opportunity (Pickard 1). The second disadvantage is on the side of the employer. Many capable employees will be turned down, and the employer will be obligated to channel more resources to be used for advertisement purposes. The employer will waste a lot of time looking for suitable employees and this result in unproductive working days (Pickard 1). The third disadvantage is that the method kills any morale or inner motivation from an applicant. The employees in the video may state many positive aspects of the job and a single negative aspect. The applicants may come to register the negative aspect, which results in killing their morale for that job. The negativity expressed by the employees maybe personal, furthermore it may also be difficult to prove the truthfulness of the employees in the video

Reading and writing skills Essay Example | Topics and Well Written Essays - 500 words

Reading and writing skills - Essay Example The audience also influences the tone of the piece of writing, for instance when I am writing an email to a friend, I will assume a friendly tone, full of jokes unlike when I was writing to a prospective manager of a given company. Furthermore, the writing format will be different as in one will be official while the other one will be formal. After taking care of the interest of the audience, I would make an outline for the piece of writing. This will be important especially when the piece is a long one, notably it will help in reducing the task to a manageable piece of writing. Similarly writing has to involve the interest, actions and the attention of the readers. In doing this I try as much as possible to arouse the interest of the readers as much as possible. For instance, I will include jokes in the writing. Theme of writing of the story is another thing that puts most of the writers off the track. It is important that the writer develop a coherent and an interesting theme so that the audience or the assigner eliminates informed attitudes toward the message in question. On the same note, it is important that the writer maintain the use of a simple language taking keen interest of the plights of his audience. The purpose of writing a piece of art is primarily to communicate with the audience (Jones& Jay, 65). However, the way in which we do the communication is important as it reflects the intention of the communicator. The writer must first of all convince the instructor that he understands the theme he is writing about. This goes along side with the originality and creativity in writing. Moreover, development of the plots is another element that helps in achieving the beauty values in writing. A good writer should always aim at being original in his or her work and, free from plagiarism. However, in an event where he chooses to quote another authors work the he has to acknowledge that author.

Evaluation Tool for Qualitative Studies Discussion Research Paper

Evaluation Tool for Qualitative Studies Discussion - Research Paper Example There is a stepwise analysis of the research journals as the checklist is divided into various sub-heading, with each subheading bearing specific objectives in relevance to the research document. For instance, in section one of the checklists, internal validity of the document is scrutinized. Under this section, the relevance of the research questions and other internal factors of the research journal is analyzed. The checklist under this section uses concisely designed list of required items. Consequently, the analysis of internal validity of the document, for instance, is achieved easily. In systemic analysis and Meta-analysis, mainly two major quality assessments are carried out. The analysis carried out includes internal validity and general assessment study of the research journal. In Each section has a specific point for analysis, for instance, in the general assessment, the relevance of research on its initial objectives and purpose is determined. Internal validity assessment provides guidelines for ascertaining general factors considered in the formulation of the report journal. Based on the two main aspects of the systemic analysis, analysis of the attached document on Implementation of a strategy is carried out by critical study of the document and marking it against the specification provided in the checklist. The finding according to this analysis is that the research document is of good

DAWN Term Paper Example | Topics and Well Written Essays - 250 words

DAWN - Term Paper Example As seen through the author’s eyes, the Oankali, a nomadic alien species are seen as genetic manipulators and traders who besides restoring humankind to their reconstructed Earth, were badly in need of trading their genes which was vital to the survival of their species. Lilith is chosen by the Oankali to be their mediator and is given the duty of convincing the humans that the actions of the Oankali are going to benefit all the humans. Fearing the inevitable on awaking the first human she states â€Å"You seemed least likely to try to kill me, least likely to fall apart, and most likely to be able to help with the others as they awaken† (Butler 129) Through this sentence we come to understand Butler’s message that humans are always fearful of the future and that which cannot be seen. Butler’s message comes out to her audience loud and clear that humans have to take care of their Earth and stop its destruction or it might be overtaken by a power more greater than themselves. Butler’s story invokes a sort of fear and dread of visualizing human beings dominated by an alien species. It makes her audience reflect on the truth that someday could turn into a possibility. ‘Dawn’ may be fictional in presentation but it is more humane in its

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

9.2 - Essay Example Apart from this lack of orderliness, other mistakes can be easily corrected and then the work written to make a more cohesive and coherent document. Such an action of rearrangement will entail subdividing the paper into sections with clear subheadings. The focus of this paper is on why need-based scholarships should replace merit-based scholarships. Although this should be a thesis based argument or paper, what appears to be the thesis is unfortunately found in the third paragraph. It claims that the need-based scholarships will increase access to education for students from low income and minority families which will eventually increase the gap between the rich and poor. Apart from the heading that gives a hint of what the paper is about, it is not until the third paragraph that one starts to get an idea of what the paper is talking about. There are no sections and what the paper does is to provide reasons that support the thesis without giving clear indications on what perspective the reasons are based. The subject matter of the paper has been explained thoroughly through supportive ideas but it has not been subdivided into sections. In terms of argument, the article has adopted argument by authority whereby it closely follows ideas of others although in many instances it fails to quote the originators of the ideas. Many of the arguments are well thought and logical which make the overall reasoning of the paper very strong. As such, there are no hasty generalizations and supporting ideas are well balanced and thought out. Generally, the introduction and conclusion have not been well done. The introduction lacks the thesis statement owing to the fact that the first paragraph is always considered the introductory paragraph where the thesis is usually located. On the part of the conclusion, there is no special technique applied and it should have summarized the main points of the paper besides re-stating the

Generally Accepted Accounting Principles Assignment

Generally Accepted Accounting Principles - Assignment Example A company can be able to make informed financial decisions basing on the financial statement preparation. Such statements make work easier for governments’ tax authorities as the profit, which they ought to tax, is clearly indicated. This reduces the time they can spend trying to calculate the taxable profits of each business entity operating in the country. Most countries, however, have ditched the GAAP system to the International Financial Reporting Standards (IFRS) accounting system. The International Accounting Standards Board established the IFRS systems and hence it has the mandate of its maintenance. One of the countries that quickly adopted the IFRS accounting system in Australia and the first financial statement prepared to observe the IFRS system was on June 30, 2006. Another notable nation that does not use the GAAP system is Russia whose process of shifting has been long. The country started the process of shifting to using IFRS in 1998 and only became successful in early 2012. The IFRS has numerous advantages, which are the main reasons why these countries decided to use them. Companies in these countries can be easily compared amongst themselves as they apply the same standards in preparing their financial statements. This is particularly used when comparing companies in different countries who use the same standards. Investors are most concerned about the comparing results as they try to ponder the most profitable country to go and start a business in. since most countries use the IFRS system, the comparability is easy and done on a wide scale attracting many investors (H olt, et al 54). The flexibility of the IFRS system compared to that of the GAAP might have been another reason why these countries decided to ditch the latter. Countries prefer a system whose approach is principle-based rather than rules-based philosophy applied in GAAD.  

Opium War Essay Example | Topics and Well Written Essays - 500 words

Opium War - Essay Example The First Opium War was majorly caused by Chinas isolationist trade relations with the West particularly the British. Tension further arose between China and British because China would accept only silver from the British. Opium addiction was also the main and direct cause of the wars. During this time, opium addiction was an epidemic for the people of China. The British took this advantage of the high demand and began illegal exportation of opium which angered the Chinese. Furthermore, the trade was considered as disrespectful to the emperor and was in a violation of Chinese law. The tension then built more, and none of the countries were willing to compromise. All was as a result of China to spoil trade for British, and they engaged in the war to show their frustration. The consequences of the Treaty of Nanjing were more like the impact of the Opium War itself since the Treaty was as a result of the Opium War. In the treaty, the British as a country were given Hong Kong and free access to five ports. The ratification humiliated China, and their demand were never considered. According to the ratification â€Å"†¦. The Emperor of China agrees to abolish that practice in future at all Ports where British Merchants’’ (Article V). This was more like a humiliation as apart from the port accusation China was compelled to pay a huge sum of fine. In these five ports, the British Nationals had the right of extraterritoriality. This is to say, they were not subject to laws of China. In immediate resolution, these were not all that significant. Moreover, they represented the start of a series of humiliating episodes in where the Chinese were forced to open up more to the West. The treaty, for instance, has been considered significant in mod ern day Sino-foreign relations (Wang, 2005). There are various historical lessons that one can learn from opium war. The war is important as it humiliated the Chinese. Chinese

Contract Law. Westwood Ltds Case Study Example | Topics and Well Written Essays - 1750 words

Contract Law. Westwood Ltds - Case Study Example Clint inspected the machine and, thinking that it would be appreciated by both the customers and staff of his toy store, agreed to buy it. The toy store had never had a drinks vending machine before nor anything like it. Westwood Ltd said that it would partially dismantle the machine and pack it into a wooden crate in order to make it easier for Clint to take delivery. Delivery was arranged for the following week with payment to be made on delivery. On Tuesday, the warehouse manager of Westwood Ltd packed the remaining stock of 500 toy guns into two separate wooden crates, one containing 200 and the other 300. Westwood Ltd had not yet managed to find anyone other than Clint to purchase any of the toy guns. The warehouse manager screwed a wooden lid onto the crate of 200 toy guns and then marked it with Clint's name ready for delivery. The crate of 300 toy guns remained directly next to the crate of 200 toys guns which was now marked for Clint. On Tuesday night, vandals broke into Westwood Ltd's warehouse and destroyed the crate of 200 toy guns labelled for Clint. The vending machine as agreed to be sold to Clint was also damaged. The crate of 300 toy guns was not damaged. 3) Further explain how your advice would differ, if at all, if the retail toy store referred to above wa... Answer: Background of the Case In the United Kingdom, Contract of Sale of Goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money or consideration, called the price (Sec. 2, par.1, Sale of Goods Act 1979). The Sale of Goods Act 1979 is the main statute that binds the contract of sale in the United Kingdom and was amended by the following relevant or related law and legislation: Supply of Goods and Services Act 1982, Sale and Supply of Goods Act 1994, and The Sale of Goods to Consumers Regulations 2002. A contract of sale is deemed perfected when both of the parties, the seller and the buyer, of the contract had accepted unconditionally the terms of the contract like the price, mode of payment, date and place of delivery, and others. Once a contract is perfected, certain duties are imposed under the law of contract of sales for both of the parties to perform and certain rights also were created the performance of which can be reciprocally demanded from one another (Part IV, Sales of Goods Act 1979). Normally, a contract of sale of goods should be reduced in writing to conform to the Statute of Frauds. Other form includes oral contract or combination of oral and written contracts (Sec. 4, Sale of Goods Act 1979). Failure to follow the tenor of the terms of the contract is equivalent to breach of contract by which the party at fault can be held liable for the payment of damages or other relevant legal remedies (Part VI, Sale of Goods Act 1979). The latest relevant regulation that is The Sale of Goods to Consumers Regulations 2002, apply to a range of transactions between businesses and consumers, including the sale

Canon Business Analysis Essay Example for Free

Canon Business Analysis Essay In 1925, a German camera maker named Oskar Barnack, developed a new, ground-breaking camera called the Leica. It was not until 1933 that a company responded to the success of Barnack’s creation and produced their own 35 millimeter version of his innovative design. Thus was born the Canon Company. By the 1950’s, Canon attained the title of leading producer of cameras in Japan. Since that time, Canon has made it a point to expand and diversify their company as much as possible. They are able to accomplish this primarily through a strong Research and Development program. Through this program, Canon has explored many different technologies such as home electronics and x-ray technology. One of the first product areas they explored was in the electronic calculator segment. Due to the complex nature of the technology, Canon’s engineers were forced to adapt and develop the intricate micro-electric processors that were being used. They were very successful in doing this. In late 1964, one year after their research started, Canon engineers presented top management with the finished product, the Canola 130. This product became the world’s first 10-key numeric pad calculator. However, Canon has not always succeeded in their endeavors. With every triumph comes a failure. One such instance was a printing device that utilized magnetic material that would coat the paper. They called this the Synchroreader. Although it was touted for its use of technology, the application, it was not patented. Another company took the design, improved it, and made it more affordable. Canon learned its lesson after that instance. Body In 1961, a new technology was developed by the Xerox Corporation. In the following years, with the success of their model 914 office copier, Xerox would enjoy a reported ninety three percent market share world wide. Xerox also had the advantage in that they held approximately five hundred patents. This tactic prevented other companies from intruding on their Plain Paper Copier (PPC) technology. Canon entered the market late in the 1960’s and was looked at with a skeptical eye. They were the â€Å"camera company from Japan† (Mintzberg, et al 2003, p. 75) and were not looked at as serious contenders in the photocopy market. Due to the PPC market being cornered by Xerox and their numerous patents, Canon instead moved into the Coated Paper Copying (CPC) market. This technology transfers the reflection of the original image directly to the special zinc oxide coated paper. This is in direct contrast from the PPC technology which uses regular paper and indirectly transfers the image using a rotating drum and charged particles. A similar technology is still being used in fax and photocopiers today. In 1962, while still in the inferior Coated Paper Copying and marketing under a separate name, the Top Management of Canon challenged their engineers to create a PPC process that would not infringe upon the patents held by Xerox. The engineers answered with the â€Å"New Process† in 1968 and became the first copier to carry the Canon name. Two years later the research came to fruition when the NP1100 was released in Japan. This model utilized dry toner and copied at a whopping rate of ten pages per minute. This, of course, is slow by today’s standards. Canon had finally broken into the PPC market. Riding on the success of this new technology, Canon released the NPL7 in 1972, marketing it exclusively to Japanese companies. This model contained several noticeable improvements over the first generation NP1100. Most notably is that the model was â€Å"More economical, more compact, more reliable,† while still keeping the same quality of copy. (Mintzberg, et al 2003, p. 77) Canon’s Top Management began looking for alternative markets for the Plain Paper Copier in the latter half of the 1970’s. The small office market was identified as Canon’s next target market. They devised a plan to accommodate this market by producing a photocopier, using PPC technology, and offering it to small businesses that did not require the large volume, high speed machines that were currently being offered on the market. The concept itself had the potential to change the market by decentralizing the office photocopier. Prior to this innovation, the photocopier in large offices were centralized to one corner of the office, primarily due to its mammoth size. In 1979, Canon’s concept became a resounding reality. They were able to produce a photocopier that not only met and exceeded the cost and reliability targets that were set by Top Management, but in a more practical application, it was able to reduce the need for constant and continual copier maintenance. Based upon previous experience with patent law, Canon employed the use those laws to protect their new found development. Through the years, Canon has demonstrated several core competencies that have enabled them to propel themselves to the top of the market. First and foremost, Canon has employed a pool of extremely talented engineers who made up Canon’s Research and Development team. Through their research, Canon was able to uncover new and innovative products. This varied product line, which included cameras, calculators, and photocopiers, demonstrates Canon’s diversified product line. This diverse line of merchandise is integral to the company’s survival and has enabled Canon to take a multifaceted approach to technological competition. The more diverse type of products that are offered, the more chances there are for success. This has not always worked out in Canon’s favor however. An example of this would be in the development of the synchroreader. Although the technology was much more advanced than what was on the market, poor marketing decisions and an ignorance of United States patent laws cost Canon that share of the market. Since that time, Canon has taken a step by step approach to their marketing strategies. This is especially apparent with the development and marketing of the NP110 copier. They began by distributing the unit in Japan only in a direct sales format. In doing so a company opens themselves up to the threat of collapse due to spreading themselves too thin. Secondly, we can surmise that an isolated marketing strategy, such as the one that Canon employed when marketing their copier to local Japanese dealers first, will be more effective in the long run. By distributing the product locally at first you can focus on close to home customers rather than across seas customers. Finally, a truly cost effective manufacturing process can be more beneficial at times than the products that come off the assembly lines themselves.

The Arguments Of Liberalism Marxism And Corporatism Politics Essay

The Arguments Of Liberalism Marxism And Corporatism Politics Essay Two main political and economical ideologies have been popular in world economics and political thinking in different regions and different cultures. These include liberalism and socialism. The liberalism means freedom and in economical sense it is economical liberalism or in other words it is a concept of free market. Marxism is entirely an opposite concept to liberalism where socioeconomically activities are monitored and controlled in the best interest of society. The idea originated when dangers of liberalism were strongly felt. Liberalism can mix with many ideological connections with other ideologies but one corner where it remains intransigent is the expression of free market and free exchange of goods and commodities. In fact, Liberalism is not strict ideology like other ideologies. Furthermore, it has no desire to create a cleavage between proletariat and the bourgeoisie. In addition, liberal economical concepts lack distinctive features of socialist and fascist ideologies. Introduction Two main political and economical ideologies  [1]  have been popular in world economics and political thinkings in different regions and different cultures. These include liberalism  [2]  and socialism  [3]  . The liberalism means freedom and in economical sense it is economical liberalism or in other words it is a concept of free market. The concept of liberalism originated from ancient times of Greeks and got popularity in the time of western bloom. The term liberalism is wide enough in its actual meanings. Liberalism in general meaning is used to mention a boundary less environment with freedom and equality, either it is in individual or group context. For example, individual freedom, social equality, freedom of speech, freedom of thoughts and private rights. When speaking in economic context, it describes an economical system with no restrictions. For example, free market, free economy, no limitation or restrictions on economy. What are the social and economical syste ms adopted by most of nations in the world? The answer is rarely in the form of liberalism or Marxism but always in between two extremities. The proportion of both extremities in most of world economy and social system varies in accordance with culture, belief, customs and history of the nation and society. Most of world economies range between two extremities rather than to be polarised at extreme end. In the current essay, a system of free economy or liberalism is compared and contrasted with restricted and closed system of economy also known as Marxism  [4]  . In addition to describing real difference between both systems, essay also takes a critical review of various minor systems falling in between two extreme ideologies. The purpose of the essay is to critically analyse the comparison of liberalism and Marxism. The essay will argue why one system has failed and may other system completely control the welfare of socioeconomically needs of a nation or what may be the solution if both systems could not effectively manage the economical crisis created as a result of global financial fall back in recent years. Background After Second World War, two extreme economical ideologies emerged in various parts of world under the influence of their military regimes  [5]  . The two extreme ideas; liberalism  [6]  and Marxism, both are result of strong view of one school of thoughts denying the avidity of their opponents thinking. Soon, the liberal and socialist ideas developed into their latest stages. For example, liberalism cloaked in to economical theory of supply and demand  [7]  . Similarly, Marxism degenerated into mysticism and sectarianism. Liberal critics like French economist Fancois Perroux  [8]  critics extreme liberal assumptions that modern world is occupied by industrialist and merchants with freedom, equality and limitless activities of gaining profit and managing business, thus creating an idea of capitalism. In the same way, Marxism was also critised due to extreme attitude to accept the realism of liberal capatism, concept of equality and liberty. An Australian philosopher Alexander Topitsch  [9]  recommended the idea that dialectical method approach can be used for each purpose. Who was right and who was wrong is still unclear. Neither Marxism, nor liberalism can succeed as a single economical system in any country of the world. The developed countries like America with great promotion of economy in previous few decades could not escape recent global financial crisis in spite of running their economy on free market basis  [10]  . On the other hand Cuban economy with major element of Marxism collapsed. Conventions, seminars, meetings and research activities are under consideration to find out reasons of current financial crisis. Will economist be successful in developing some intermediate strategy to save world from disastrous effects of any future economical crisis? What will be the ratio of both extreme ideas in newly compromised system? No one could find out successful solution until now. The practical approach of both liberalism and Marxism has been attempting to provide a fair and functional system of economy for nations. It is true that USSR  [11]  and Cuban  [12]  systems were quite strict but economy of USA and most of European countries were relaxed in adopting few elements from Marxism concept for the development of welfare societies  [13]  . Therefore, the practical conflicts between both systems seemed to be closed down today as Marxist nations have taken consideration of liberalising their economies. It was quite interesting historical fact that few supporters of Marxism were emerged in western countries when Marxism was declining in countries of its origin. History has proved that Marxism is declining in countries of its foundation. Liberalism has been accepted as a refuge in countries of Marxism failure. Welfare states policies have accepted some sort of state welfare by accepting many socialist programmes initially failed in communist countrie s. Similarly, in communist as well as East European countries liberalism has emerged as an alternative and hope for success of economy after Marxism has result in the form of financial failure. The main reason for the adaptation of the economic liberalism is due to the fact that all weaknesses of the non-liberal economical model of social realization warrants the consideration of the alternative liberal social realisation. Long before liberalism success become obvious, a number of world ecomist have revealed the fact that liberalism has started facing crisis and the countries with liberalism economy are undergoing financial crisis  [14]  . Most recently Serge Christoper kolm, a popular economist has expressed his views that both extreme ideas should not be framed in one picture. Instead, both should be considered in the fulfilment of each other. Kolm thinks that the liberalism and socialism are both founded on the foundation of liberty. Literature review Liberalism Liberalism can mix with many ideological connections with other ideologies but one corner where it remains intransigent is the expression of free market and free exchange of goods and commodities. In fact, Liberalism is not strict ideology like other ideologies. Furthermore, it has no desire to create a cleavage between proletariat and the bourgeoisie. In addition, liberal economical concepts lack distinctive features of socialist and fascist ideologies. Distinctive to other ideologies, liberalism is in general sceptical of any extreme power as in case of inflation, it seems to see signs of authoritarianism and totalitarianism. Carl Schmitt  [15]  named liberalism as minimal state as liberalism seems to be best fitted for a secularised policy. The free market behaves as neutral field allowing only the minimum of economical ideological conflicts which erase all political conflicts, indicating that all people are rational beings whose quest for happiness is best secured by the peaceful status of economical targets  [16]  . In a liberal society, individualistic political belief is sooner or later reduced to a private individual approach. Therefore market trend may thus be viewed as an ideal social set up with main objective to limit the political arena. In this sense market may be viewed as an ideal social set up with an objective of limited political arena. Resultantly, every possible gap in market is generally explained by political steps hampering free market. Liberalism has received most cynical comments from Marxism school of thoughts. However fascist ideologist Julius Evola also wrote in a more focused comments that,Take my life but spare my money  [17]  . Another characteristic of liberalism comes from its historical background that it has close connection to religion. Many authors have commented that liberalism ideology is more popular in religious rooted countries with biblical monotheism. A German socialist Werner Sombart commented that liberal thinking in economics and ethics stem from Judo Christian spirituous  [18]  . Similarly a French anthropologist, Luis Dumont expressed his view that liberal individualism and economist are originated from religious politics  [19]  . How is the religious foundation strong enough for construction a building of belief of liberal economics? The answer comes from a school of thoughts with ides that every individual is accountable before God for his actions in this world either it is his income, profit or expenditure. Therefore economical activities are also scrutinized under religious duties. How liberal economic reforms were originated and flourished in America is explained by Emanuel Ra ckman. He viewed that Judeo-Christianity played an important role in the development of ethical liberalism in the USA  [20]  . Another author named konvitz claimed that Modern America has followed Jewish spiritual teaching in adopting economical liberalism  [21]  . Other authors who played a role to advocate liberalism includes Feurbach, Sombart, Weber, Troeltsch. It has been proved recently that most of developed countries with liberal type of socioeconomically systems have achieved financial success with high GDP rates. The actual strength of liberal economics is present in free market idea where all people develop their individual business freely and consciously. Free market concept doesnt care any hierarchy and social differentiation. It only encircles the differences originating from business transactions. The argument in favour of liberalism present evidence of economic opportunity, free business choice and personal efforts f create business. In this way people with free market concept makes their own social strategy. Now let us look at the concept of equal opportunity connected with liberalism. Schaar says that free market creates inequality because undesired talent and goods are no more demanded thus creating a sense of unequal opportunity. It means that free markets will create a sense of injustice. However modern liberalism is a further progressed as it doesnt care about national boundaries but promote multinational, multicultural and multi ethical heterogeneous business strategies. An intelligent politics will be imposed from strong nations on less strong economical regions to capture material, labour and talent of their own choice and at their own price thus enhancing the chances of disputation and dissatisfaction. Marxism Marx was in favour of social justice and wants everybody in society to enjoy benefits of economical success irrelevant of investment and wealth  [22]  . He suggested a theory known as Labour theory of value. According to the theory, value of goods or service includes the value of labour which goes into it. He believes that labourer should have equal share as investors as an owner of capital, land, machine or organisation. According to this theory, profit should be distributed among labourers. Actually, the idea is that property should be in the hands of workers rather than in the hands of investors  [23]  . However, Marx failed to realise that investors have invested capital and taken some risk in the form of their investment, therefore they should be compensated at some limit in the form of extra advantage in the form of profit. Secondly, investors will look after their investment as they have invested it rather than those who have not invested any thing. How government bureaucracy can look after the investment when they have not any personal interest in the investment  [24]  . Many countries adopted Marxs ideology in various shapes and forms. For example, USSR, China and Cuba have adopted Marxism in some form but unfortunately failed soon to supply sufficient goods and services in accordance to population. The failure was so worse that famine were result in both countries. The failure has forced economies of both countries to think about reverting from extreme ideologies of Miriam. So what was the fault of matrix when it has taken a fair view to account labour class  [25]  . Actually it was similar like Owenss experiment in New Harmony  [26]  . It has not considered the human nature into account. In other words, without incentive people will work only as much they must work and investors will not invest money without greed of profit. It is entirely an opposite concept to liberalism where socioeconomically activities are monitored and controlled in the best interest of society. The idea originated when dangers of liberalism were strongly felt. The danger was felt by Karl Marx  [27]  that in liberal society everything becomes expandable commodity and therefore public also felt like an expandable commodity. By adopting a controlled economical market, people will be less prone to inequality and their values, interest, economical condition is well protected. Schaar does not like the idea and commented that the ideology may be catastrophic in the long run. It is because an individual with unequal economical benefits will behave as he is superior to other human beings thus creating an unsatisfied, unequal and disrupted society. Liberalism was rejected because it could create unrest among less competitive people  [28]  . Under huge psychological and intellectual pressure caused by incessant economical competition and fear, less competitive and less wealthy people become distressed by feeling that they are out of economical activities. In an extreme scenario, the considerable number of people with low competitive position may become bitter, jealous or depressed. In other words, it is now confirmed that liberalism that all are equal is actually illusion and only those enjoy benefits of free market that are financially strong. Therefore the ideology of liberalism was rejected in response to psychological insecurity in less competitive, material influence in society and debridement of less obliged people. Marxism with an idea of creating space for poor, less obliged and less competitive people was flourished when liberalism popularity was declining  [29]  . The endless geed of riches to collect wealth, monopoly on various economical activities and ignorance of less able portion of economical society result in emergence of Marxism. Therefore Miller predicted that such an economic ideology will ultimately result in collapse of society. In the modern era, both systems have seen failure in various contexts. On one hand, highly successful economies like USA has collapsed and on the hand highly controlled economies like USSR and Cuba have failed. A long discussion and careful evaluation of both systems with finally developing an intermediate system might be a story of success. Comparison between two systems Economist argues that constant improvement in general welfare by its own economic success is actually great threat to liberalism. As people become rich, their influence on society increases and they will deprive poor ones  [30]  . Their will be two apart classes. The unlimited expansion of liberalism may result in increased materialistic influence on society in creating unrest and agitation. Economical crisis, social discord, dissatisfaction and political upheavals will be inevitable incidence once society has achieved its maximum material growth. Poling  [31]  remarks that liberalism is humans natural instinct of unquenchable desire to collect wealth. It is an act of freedom and liberal ideology to feel pleasure and happiness by collecting money and material. However, the instinct of material is dangerous as it seemed to be unlimited and unrestricted. It can never be satisfied. Polin says that merchant civilisation as result of liberalism will ultimately convert into hedonis tic civilisation. Polins marks are not much different from Julien Freund as Julien is convinced that liberalism generates a society of impossible needs, insuitable desire and dissatisfaction. The other critics on liberalism mentions that liberalism seems to address needs of human being but it also creates new needs. One philosopher believes that liberalism intestinally creates new needs. Keeping in mind that liberalism could not succeed to provide equality in society, and then Marxism may be alternative to offer equality in frugality. The comparison of two systems has been tabulated on next page. Comparison between two systems Trait Liberalism Marxism Origin Liberalism is a strong and dominant theory of international economic system. It was first of all presented by Adam smith in 1723 in his essay known as An enquiry into Nature and causes of the wealth of nations. Later on David Ricardo (1772-1823) and Stuart Mil (1807-1873) supported the liberalism theory. Comparatively, Marxism presented by Karl Marx (1818-1883) is opposite to liberalism. Marx opposed capitalism and free market as a way of collecting undue wealth. Ideology Liberalism favours private business, free national and international trade with out any significant influence of Government. Marx does not bother about free market and international business. Instead, it believes that everybody in a society should enjoy benefits of economical development. Comparison between two systems (continued) Trait Liberalism Marxism Value Trade-Offs In this theory businessman is free to maximise its productivity and income. There are minimum restrictions or taxation on income. In this theory, trade is not free but regulated and monitored. There are restrictions and taxation on business. Distributional Outcomes As trade is free, investor and owner has unlimited power to earn profit. Investors and employers are not free to earn unlimited profit. Their profit is used to create social equality and stability. Effects on the State Due to less or minimum taxation, less restrictions on business, state is attractive for national and international investor. Here businessman and investor are under control of state. They participate in developing economical and society equality. Success in Modern Era In fact the great economies of the world like USA with free market economy are also effected worsley by recent global crisis. The crisis was so deep that congress has to pass billion dollars bill to bail out economy from current crisis. USSR and Cuban economies have also been devastating collapse when they were executing Marxism. Comparison between two systems (continued) Trait Liberalism Marxism Effects of Global crisis The global financial crisis has left unbelievable effect on USA economy. Multi billionaire companies disappear from map within few weeks. Unemployment, inflation, loss of stock market and foreclosures were early outcomes. However recession is not yet over and it is predicted that it might be a deep recession and may last next two three years. Long time ago, Countries with Marxism economy systems collapse badly and public was even desperate for bread. In recent global crisis, such economies are affected but not as much as economies with liberalism. It might be because economies with liberalism were better developed than economies with Marxism. Discussion The constant and rapid economic growth brings change in social and cultural dislocation resulting in background of tempting radical ideologies  [32]  . Continuous expansion of market, increasing urge for wealth, high level of materialism and materialistic independence emerged as a result of liberalism may tempt to sacrifice freedom for economic security  [33]  . Economical success may be a strong bond but it will not have good emotional power inducing self scarification for others. Liberalism is blamed to create totalitarianisms by placing individuals in purely economic interdependence on each other and by ending traditional family bonds. Actually totalitarianisms is generated when one prefer to obscure realms of social, religious, family and moral bindings. There was a likelihood that modern liberal society may fail in future due to poorly, unequal opportunity for labour class and as a result of investors urge to save unlimited wealth. The likelihood proved true when recent global financial crisis have disturbed successful economies of countries like USA and Japan  [34]  . On the other hand, recent economic success of various Asian countries on Pacific Rim has overshadowed the economic achievements of the countries marked by the Judeo-Christian legacy. However, recent global crisis have also affected the Asian countries economies as well  [35]  . Before deciding which system is best and which has failed adversely. The current financial crisis is the ever most devastating crisis ever happened in history  [36]  . Some major enterprises like ionic Wall Street institutions, Bear Streams, Lehman Brothers and Merrill Lynch, Fannie made, Freddie Mac, AIG insurance have disappeared leaving behind employment and investment crisis. Free markets have been proved rapid way of developing economies. The time has proved that large economies of the world like USA economy flourished unlimited with free market concept. Such economies have adopted taxation sy stem to get some revenue for less rich people. This element may be closer to Marxism concept. We have seen that fall of economy in major economies is more deep in countries where markets are more free. Similarly, countries with complete control of economies like Cuba and Russia failed more severely because of strict control on economy. An important liberal economical concept is comparative advantage  [37]  . The law of comparative advantage was first of all developed by David Ricardo. He said that free trade activities are carried out independently without considering national boarders. It will bring advantages to all participants because free trade market specialisation possible. Both ideologies liberalism and Marxism have elements useful and relevant for todays economical crisis. The most of Marist thinking developed in third world. Marist opinion that underdevelopment is due to external economical factors and exploitation from developed world. Economic liberals have optimistic and positive view of globalisation and think that free market concept creates an international business system without boundaries and develop a global business village. None of the ideologies could fully explain the current global financial crisis. History has proved that neither complete liberalism nor strict Marxism can guarantee for strong economy. Then what is the solution. The answer is something new and in between both systems. Therefore economist is looking to develop new systems. Even in global crisis some of the countries are confused and trying to control their economies instruct way. The result is further deterioration of their economical status. Economist with liberal ideology disagrees to the extent of political interference by government. An economist Paul Samuelson recommend free trade and said in favour of free trade, it is more probable that one region may be specialised in the product in which it has comparative advantage. The trade will be mutually profitable to both regions. An intermediate ideology can do a great deal in explaining the current political and economical climate in the world and seems to be a valuable tool in understanding the solution of current financial crisis. The ideology cannot only explain the political and economical systems of the past but also provide a solid solution for the future. Conclusion The failure of Marxism, Socialism, and Liberalism is ironic in that it results in the same outcome, Ricardo  [38]  mistakenly attributed to laissez-faire capitalism, and the working class inevitably ends up working at subsistence wages or less  [39]  . The story of 19th century economic thought is an interesting retrograde movement. It began with Adam Smiths clear explanation of how economies work should be free to manage, how free markets concept can flourish private business and ended up by griping and control on economical activities with an obvious recipe for disaster (Marxism). The current crisis is worst since the decade spanning 1970 and mid 1980  [40]  . Even now most of economies are set between two extreme ideologies, but none of the world economies can sustain their progress in front of recent crisis. If both systems have failed adversely in recent financial crisis, then what is the actual solution? Neither USA economy with liberalism theory in background nor U SSR and Cuban economy with Marxism ideology of economical control could survive. Banking system failed, mortgage companies become bankrupts, stock exchanges collapsed and even some government could not face global financial crisis. However, crisis has convinced various countries to think on a single pate form to resolve this matter. Economists, politicians, researchers and philosophers are working together to find out such a solution which is intermediate to both extreme theories  [41]  . Banking system is also under contraction for new updates. If we look at economies of Asian countries like India and china where a semi controlled economy has emerged as result of adopting intermediate policy, these could if effected by recent financial crisis are not in deep recession like USA, USSR or Cuba. I would say as a result of said literature review and discussion that an intermediate economical system with properties of free market but under light control where investors are not ignorant about their social and moral responsibility to care about poor people. Such a system seems to be an answer as economist have seen that all types of necessary steps including injecting money into economies, helping banks and industries to save those from bankruptcy and creating artificial jobs could not help to come out of recession. On one hand politicians and economist have been talking about to take strict measures on banks but it was fear that any restrictions on banks may decrease the volume of money available to businesses. Once businesses are short of money, there will be less business, less jobs, less public money. Less purchasing power and less demand of items will result in less manufacturing. The c

Franchising In Hospitality Industry Commerce Essay

Franchising In Hospitality Industry Commerce Essay The following paper deals with a recent type of management entitled franchising. In the hospitality industry and currently within Accor, the franchise has become a real stake and strategy to continue to perform. Accor Hospitality is an international player which has decided to turn its strategy into a franchise system that combines company owned hotels and franchisees. Nevertheless, such a network has to be livened up and controlled in order to perpetuate the reputation and then the business. Therefore the case study sustained by qualitative research aims at suggests recommendation to the company, but key issues need to be viewed and overcome first. Foreword This report is to summarize the experience of a six-month internship within the Business Intelligence department of Accor Hospitalitys headquarter, as well as to demonstrate my personal understanding of the changing of strategy, by confronting and comparing theory with practice, identifying its pros cons as well as its key factors of success in the hospitality industry. For my third and final year of business studies at INSEEC, I chose to major in International Business Strategy. This is a Master of Business qualification run in partnership with the SRH Hochschule in Berlin. The two main reasons for this choice were due to my strong interest in discovering many cultures and ways of conducting business and strategies. On the one hand, my strong interest in acquiring skills in business analysis in the hospitality industry, combined with the importance of the hospitality industry worldwide, oriented my applications to Business Analysis positions within this sector. On the other hand, my personal motivation for discovering new cultures, coupled with my academic qualifications and my language skills also encouraged me to apply in International companies where I could speak as much English as possible. As a French student extremely interested in working in a multicultural environment, the ACCOR group seemed to be a fantastic opportunity. As a Business Analyst I was part of the Business Intelligence team and reported directly to the Director of Strategy and Business Performance. I had to have full experience of distribution, and work on the different aspects of analyzing the business that such a position commands. My personal mission within the team has been to provide support to the two Business Analysts, and help them make reports related to the Distribution strategies. As a team, we were accountable to understand the needs of the various brands and teams, then to create tools to provide accurate information (project managers) and finally to analyze the data (business analysts). Therefore, in my position, I was in charge of carrying out three main functions: Updating the Distribution Monthly Report for the Top Management for both Direct and Indirect Sales Analyzing the hotels performance worlwide Answering to Adhoc demands in order to measure the impact of promotional offers. This report, however, has its limits. A valid quantitative study for example, would have allowed me to support and corroborate my findings with the franchisees satisfaction and suggestions regarding their links with the franchisor. As well, it would be promising to investigate some topics as for example the behavioural customer evolution regarding the hospitality industry or develop further some of the challenges the hospitality industry is facing applying Dynamic Pricing, as they could easily be the subjects of a study on their own. Finally, both on a personal and professional level, my experience within Accor Hospitality headquarter in Evry has been a real success. All I can believe for the future is to have a chance to further develop my analysis skills in similar conditions: team spirit, communication and trust. Acknowledgements Firstly, I am extremely grateful to Pierrick Le Masne for giving me the chance of being parts of the Strategy and Business performance department within the ACCORs headquarter in Paris. I would like to express many thanks to Alison Broussy for welcoming me in her Business Intelligence team and sharing her expertise, training and giving me the opportunity to further develop my business analysis skills over the last six months. I would like to add special thanks to Nicolas Leseurre, Fara Rabesoa, for sharing their experience and knowledge with me. I am also thankful to Isabelle Duflot and Olivier Poujol for sharing their thoughts and opinions regarding Project Management. Finally, I would like to thank the overall team for the warm welcome and team spirit I have received since being part of this company these past few months. Table of Content Introduction 1 Tapez le titre du chapitre (niveau  2) 2 Tapez le titre du chapitre (niveau  3) 3 Tapez le titre du chapitre (niveau  1) 4 Tapez le titre du chapitre (niveau  2) 5 Tapez le titre du chapitre (niveau  3) 6 Introduction Franchising is an ancient type of network that is simple, formalized in its organization and in its functioning (Anderson and Coughlan, 2002; Blair and Lafontaine 2005). However, literature on the control of the franchising network are seldom particularly in France, whereas it is a rich and interesting lead of research (Elango and Fried, 1997). Franchising is a way of doing business that has grown fast, and more particularly in Europe. The reason can be found in the will for the franchisor to develop its network quickly and for the franchisee to benefit from an expertise in a specific field. France is the European leader and has seen its franchising network doubled within the last ten years and acknowledges a constant growth between 8% and 11% for 5 years. Even in a crisis period, franchising has continued to grow thanks to the support and training provided by the franchisor. All sectors taken together, France owns 1,234 networks  [2]  of franchisor and 49,094 franchisee, and realizes a turnover of about 47.7 billion Euros in 2008. Franchising has been defined as a system of marketing goods and/or services and/or technology, which is based upon a close and ongoing collaboration between legally and financially separate and independent undertakings, the Franchisor and its individual Franchisees, whereby the Franchisor grants its individual Franchisee the right, and imposes the obligation, to conduct a business in accordance with the Franchisors concept.  [3]   In other word, the definition underlines that a franchising network is a complex organization where the relationship and trust between the franchisor and franchisees are essential. When a company decides to develop its know-how into franchising it is because the company has gained a certain maturity and expertise in its activity and then will be able to convey the operational management to its franchisees. Within the Hospitality Industry, it exists different ways of managing a hotel. Indeed, a hotel can be a subsidiary as an entire part of the corporate company, a managed hotel or a franchisee. ACCOR is a company that has been created in 1967 with the first opening of a Novotel. Then, step by step the company has opened several hotels in France and in Europe and further worldwide. Owning many hotels the company has known how to become a leader in that field. Today, leader in France and in Europe, the company wants to become more present worldwide and has recently decided to change its business model. This changing of strategy called asset right is a real stake because it is going to disrupt an organization which relies on a family mind, history and way of running the business. As a part of the Accor team, this research would like to expose the changing of the Accor strategy from an hotels owner to a franchisor. The case study would outlines how the company can optimize the relationship between itself and its franchisees within a mixed network. Chapter One: Theory on franchising The first part deals with the analysis of the franchising system in its complex form. The key concepts to understand the overall functioning of the franchise are developed. 1.1 History of franchising The franchise business model was born in the United States of America, especially encouraged by the antitrust laws. This solution can be explained by the size and the importance of the American market that forced the societies to turn into a system enabling the increase of the market shares without huge investments. Nowadays, the number of franchisees reaches 760,000 in the United States spread out 1500 networks that represent a turnover of more than 1500 billion dollars and employs 9.7 million people in 2004.  [4]   In France, the first franchised network appeared around 1930 a little time after the creation of the wool producer in Roubaix. The phenomenon of franchise has been developed further, at the beginning of the seventies, in order to modernize the convenience trade and create a real competition to the Big boxes. Today France is the leader of franchising in Europe and concerns various types of activity such as fast food industry, bakers, apparel and hospitality industry. 1.2 Concepts and definition In a franchising system, the franchisor grants its knowhow and its trademark to franchisees, which are independent and have the contractual obligation to exercise the activity described into the respect of rules and procedures defined by the franchisor. The latter must follow the concepts exploitation and provide support to its franchisees. The franchisor is paid by an entrance fee at the signature of the contract and also by regular royalties based on the franchisees turnover. The contract of franchise has a variable length often comprised between five and ten years. Thus, the franchise includes a key firm, the franchisor, and multiple satellites firms, legally and financially independent called the franchisees. Usually, the franchisor brings intangible assets (products, services to develop, know how or trademark), whereas the franchisee provides financial and human assets. The purpose of the agreement is the exploitation of the concept developed by the franchisor. The franchise seems to be a special type of network where there is an inter-organizational division of the work. The franchisor is in charge of the strategic activity whereas franchisees work more on operational activities (Frà ©ry, 1996). Skills and resources mobilization within a franchising system are more carried out in logic of exploitation rather than propriety (Frà ©ry, 1995) because associates are independent. Therefore there is coexistence of economic dependence and legal independence between partners of the franchise. Sometimes the franchise network is described as unstable because the key firm could try to own the most performing units.  [5]   Many franchising network are mixed because they combine company owned units and independent franchisees. This is the case for instance in Hospitality industry. This specific kind of network enables to mix the experience effect from company owned units with the human and financial power of the franchisees. Indeed, information available from company owned units are used to negotiate and attract new franchisees. The franchising network enables a mutual process of learning that can lead to trust relationship between the franchisor and franchisees. To sum up, a franchise system is composed of: A purpose: repetition of a commercial success Supplementary resources from both sides Favourable institutional framework Interactive relationship between players. A purpose  due to a commercial success Franchising system Supplementary recources Interactive relationship between players A favourable institutional framework Figure 1 The franchising system 1.3 Purpose of the franchise system Each side of the franchise system finds an advantage of coming into this specific type of network. The franchisor hopes to develop its network as quick as possible in a part to compete with others chains and then to obtain geographically the best places. Entrance fees and royalties ensure a permanent payment. However the franchisor must control the concepts development and has to be sure that the offer is as consistent and homogeneous as possible. Regarding the franchisee, he develops the commercial offers in being supported by the franchisor in terms of training, advisory, innovation. The franchising system enables to get an access to information from people who are in direct relation with the client and particularly in a mixed network (Perdreau, Le Nadant and Cliquet, 2007). Because of the information sharing, new franchisees know a failure rate under the average failure rate of any new created enterprise.  [6]   1.4 The legal framework of a franchise system The basis of the franchise can be found in the legal contract and the code of practice that both parties have to sign in order to create right and duties to respect. The franchise contract, one of the foundations of the franchise system is a contract in which the owner of a distinctive sign, generally registers the brand name (the franchisor) and grant it to an independent storekeeper (the franchisee). The owner holds an advisory and commercial assistance role whereas the franchisee has to pay to enter into the franchise and a fee based on the turnover of the shop. Sometimes the contract can also commit the franchisee to buy equipements and furnitures to the franchisor and to respect standards and certifications in the management of the units.  [7]   The franchise contract must be in compliance with the national law, European law and the code of practices. It describes the interests of members of the franchise network in protecting the franchisors patent rights and in maintaining the common identity of the franchise system. The key points of the contract are the following: The franchisor and franchisees rights and duties Goods or services provided to franchisees The length of the contract The payment terms for the franchisee Renewal terms Termination contract clause, clause of non competition Franchisors duties Franchisees duties Definition of the concept/ innovation regarding the concept to stay competitive/ Ensure a stability in the network Financial duties: entrance fee/ marketing and advertising fees/ Royalties Development of the brands/ of the trade name Respect of the global concept, respect of the trade name, respect of the clauses of the contract, return of all documents and tools at the end of the contract, Convey a knowhow, tools, support Sometimes, exclusivity of supply Table 1 Focus on the basic duties for both parties in the franchise contract Nevertheless, the partners motivations are quite different and can lead to an opportunistic behavior from both parties. Conflict of interests can appear when there is an alignment of interests and behaviors of the franchisor and franchisees (Dant and Nasr, 1998). Indeed, the franchisor is concerned by the profitability of the network and the strengthening of the reputation of the brand (long and middle term objectives) while franchisees seeking short term profitability sometimes in not taking care of the brand image. In the theory of contracts and franchise network (Penard et al., 2004), it has been pointed out that the franchisor can miss to its duties of support, but he can also prevent the franchisee to manage freely its unit or impose a price of sale. The franchisor should have in that field a role of adviser because according to the European law  [8]  , he cannot take an active part in the management of the franchisees unit. In a franchising system, even if it is against the law, the franchisor could give more importance to its company owned units instead of being neutral. However the franchisees can sometimes fail in its duties as well when he does not respect its commitment regarding the commercial standards of the franchisor, some delays in the payment of fees or a lack of cooperation in the data transfer when the franchisor is auditing the unit. 1.5 The relationship between the franchisor and the franchisees The franchise system does not include only two players (the franchisor and the franchisees) but four players according to the French Franchise Federation (2004): The franchisor, an independent contractor that can be a corporate body or a natural person. The franchisee, an independent contractor, corporate body or natural person that has been selected by the franchisor. The network, made up of the franchisor and franchisees. They all work under the same trade name which is a symbol of identity and makes the reputation of the network. The customer who buys for himself products or services and who does not want to know if behind there is a franchisee or a company owned unit. He only seeks a certain quality that makes the brand that known. Figure 2 The conceptual Framework Will to start a business Business ownership Business site Knowledge of the local market Access to the customer Surety of satisfaction/loyalty Know-how Marketing success Distinctive concept Strong brand Surety of turnover Surety of efficiency Franchisors resources Franchisees resources In order to make the franchising concept works efficiently, both side have to work together. To help and protect them, it exists a legislation framework. The contract has to be balanced in order to satisfy both parties. The turnover has to be shared according to the agreement the parties agreed upon. Three decisive factors make a franchising system (Jauffrit and Sie, 2010) efficient. First of all, the quality of the business model and the conditions to test it at the beginning of its creation are essential. The strength of the resources available is also important: financial, technical and above all the human resources from both sides and the quality of the cooperation. Moreover the network should be developed as quickly as possible in order to reach the critical size and make economies of scales. The latter enables to develop the brand, to stretch over the territory, to pay the common equipment, and benefit from purchasing cots more interesting. All these factors permit the access of a well ranked position and gain a competitive advantage.  [9]   1.6 Different ways of controlling in a franchise system In the hospitality industry it exists four categories to control a network (Baglin and Malleret, 1995). The legal control is essential in a integrated network where it exists a capital-intensive link between the company and its manager, but has a less importance in a franchise system. The control on the product or service enables to keep a certain level of standardization defined in the contract and can be completed by the visit of mysterious client or a network coordinator. The respect of the norms is essential in an international network where the brand offers a standardized product or services. It enables to keep a certain consistence in a brand within peoples mind. The control of the financial management, based on the reporting and budget, are partially practiced in a franchise network. The key performance indicators are centralized within a detailed reporting as the fees and royalties are usually calculated on. Regarding the specific performance of a franchisee, the methods are generally advised and supervised but seldom imposed because the law restricts the franchisor to manage and handle the franchisees business. The franchisor has a role of advisor and assistance. Finally the control of human is applied during the recruitment, training and payment. The payment of the franchisee depends on the profit of its business after having paid the franchisor royalties and fees. The franchisor uses its control only when he recruits a new franchisee and when he liven the network up. Controls in a franchise system seem to be rather technical because the franchisor has to be sure that the franchisee respects the offer and the level of standards. 1.7 Focus on the technical control One of the most important difficulties in a franchise system concerns the asymmetry in the information exchange. The franchisor can visit the franchisee, can employ a mysterious visitor to control and can measure the retro claims regarding a specific franchisee. Nevertheless, the dissatisfaction of customers is measured in a satisfaction survey conducted when the malfunctioning has already been realized. However the franchisor can today use new information system tools. He can follow in real time the activity of a franchisee, for instance through an Enterprise Running Planner, and ensure a good visibility. The gathering of data and information can thus be done without supplementary costs and at anytime (Boulay and Kalika, 2007). In addition to the real advantage of such tools, it has an effect on the franchisees behavior and enables to exercise a constant control in the network operations. Chapter Two: Theory on franchising Le desinvestissement par la franchise

Carl Linneaus’s Classes or Letters :: Essays Papers

Carl Linneaus’s Classes or Letters Smellie’s arguments against Linnaeus did not stop here. He further disagreed with Linnaeus’ taxonomy arguing that it had the negative effect of turning scientists into obsessive system-makers which â€Å"has brought much obloquy on the science of nature† (Thoemmes). While he did not believe that naturalists should ignore all systems he urged them to look for natural scientific explanations as opposed to creating broad classifications. William Smellie was also greatly influenced by Georges-Louis Leclerc comte de Buffon, mostly because of his admiration for the fellow scientist. However, although Smellie admired Buffon he also disagreed with him on many points. Through his articles in the Encyclopedia Britannica Smellie was able to disseminate many of Buffon’s ideas including his theory on generation†¦even though this theory was considered very controversial and atheistic. Smellie presented Buffon’s theory of generation- that living beings were made up of an organic matter that was molded by some inner force- with skepticism claiming that humans were still completely ignorant to the actual mechanisms of generation, however he was still able to spread Buffon’s ideas across a vast audience (Thoemmes). Perhaps the greatest influence Buffon had on William Smellie was his routine of describing actual practices and activities of animals. It is a scheme which Smellie used whole-heartedly in The Philosophy of Natural History in which he lays out an observable scenario and draws conclusions from it. In reading Smellie’s work you get the feel of crouching with him on the forest floor observing the insect varieties or lying face up in the grass watching pigeons in the tree carry out their courtship rituals As mentioned, William Smellie was both influenced by the atmosphere of science and medicine during the Scottish Enlightenment, and made his own impact. During this time, Edinburgh, the heart of the Scottish Enlightenment ruled the Western intellect. â€Å"As for Edinburgh, it was intoxicated with its own brilliance. ‘In the history of every polished nation,’ a correspondent wrote to The Scots Magazine in July 1763, ‘there is always one period at least to be found, which is crouded with men of genius in every art and science†¦I have great reason to congratulate the present generation of my countrymen for enjoying the same blessing’† (Buchan, 3). Science and medicine during this time played many roles ranging from implementing changes in college curriculum, to creating interest among public sectors, and inspiring interest in the ‘science of man’ (Broadie, 95).

Lessons on Divorce :: essays research papers

Divorce, of Course, of Course Bridget Burke Ravizza wrote the article, â€Å"Selling Ourselves on the Marriage Market† and is an assistant professor of religious studies at St. Norbert College, De Pere, WI. After talking with an unnamed group of college students, she discovers that â€Å"These college students have grown up in a society in which nearly half of all marriages end in divorce.† She also reveals â€Å"they are fearful that their future marriages will go down that path, and some question whether lifelong commitment can—or should—be made at all.† Furthermore, Ravizza finds that â€Å"students are bombarded with messages about sexuality and relationships—indeed messages about themselves—that seem to undermine authentic relationships.† Simply put, culture has accepted divorce as a â€Å"normal† thing and has already begun to affect the next generations. The surveyed students are so fearful of divorce, they are, in essence, afraid of marriage a s well. They even go to the extreme of avoiding divorce by saying they may not get married at all to prevent the â€Å"undermining of an authentic relationship.† The fact of the matter is, as the polled students infer, that half (if not more) married couples do get a divorce in today’s society. Whether or not this unfortunate trend will continue down through the following generation is a theory yet to be proven, though it would make sense. The article is missing a few necessary citations, however. I noticed no reference given as to whom Rachel Greenwald is or what her expertise are in relation to the subject. She is simply referred to by her best-selling book, Find a Husband After 35: Using What I Learned at Harvard Business School. Likewise, the theologian Paul Wadell is referred to by nothing other than his book Becoming Friends: Worship, Justice and the Practice of Christian Friendship. Also, the poll discussion with the college students at the beginning of the article is not given a source or from what part of the country the college was located. I agree with the article’s thesis. Divorce has slowly seeped its way into the â€Å"normal† way of life and is running rampant through our country and Americans have become numb and desensitized to its abhorrence. Unfortunately, it is becoming more and more prominent and society equates this as normal. The Funk and Wagnall’s Dictionary defines divorce as the â€Å"Dissolution of a marriage bond by legal process or by accepted custom.

Diffusion of Technology in Society Essay -- essays research papers

Successful and Inappropriate Diffusion In Thermador The Thermadorian society had been isolated from the world for hundreds of years. The successful diffusion of farming technology failed for a number of reasons. Based on our information, there were several components missing. Components such as no research or plans to sustain a long-term solution to the problem. The United Nations presented modern farming technology not taking into consideration the educational level of the society in a modern world. Technology changes society, however it is gradual and consistent. It could be assumed that the Thermadorians had no concept of the change and had no understanding of the role of the technology provided. The United Nations provided the Thermadorians with tractors and other heavy vehicles to assist the farmers in the planting of the seeds and harvesting crops. It appears the United Nations did not research or even attempt to understand the Thermadorian culture, customs, or addressing their economy or governmental structure. There is no information on the social status and who had control of the land. Did the would-be farmers have standing in their societal structure? Were they poor/rich? Small farms as opposed to large? Nothing is noted so assuming they are simple people with little education and no experience relating to the farming technology provided. No representative living amongst the Thermadorians. Without taking into consideration thei...

Core Competencies Essay

Hamric, Hanson, O’Grady & Tracy (2014) define competencies as â€Å"a broad area of skillful performance.† Competencies include activities implemented by advanced practice nurses while providing direct patient care and the processes, knowledge and skills used in all aspects of advanced practice. There are seven core competencies associated with the advanced practice registered nurse. In addition to the seven core competencies, nurse practitioner education and nurse administrator education have additional competencies needed to become proficient in each of those roles (The American Organization of Nurse Executives (AONE) 2011; The National Organization of Nurse Practitioner Faculties (NONPF), 2012). While there is overlap of some of the competencies the nurse executive role and the nurse practitioner role each have specific skills needed to attain expertise in each role. Nurse executives plan, direct, coordinate and supervise health care delivery. He or she must have expert knowledge regarding patient care delivery, marketing, management, ethics, and human resource management, as well as additional knowledge. Due to the wide range of knowledge needed, nurse executives need to attain expertise in many areas. AONE has outlined five competencies and detailed the skills needed for each (2011). According to AONE communication and relationship-building is a competency that must be mastered in order to cultivate relationships and establish rapport and includes skills such as relationship management, effective communication, influence of behaviors, shared decision making and ability to work with diversity. The professionalism competency includes ethics, evidence-based clinical and management practice, advocacy, and personal and professional accountability (AONE, 2011). The nurse administration works at the executive  level so professionalism must be maintained. Nursing leadership must be upheld by mastery of skills like foundational thinking skills, change management and succession planning. The business skills competency can be met by the nurse administrator upon mastering business management, human resource management, marketing and strategic management and information management and technology (AONE, 2011). The health care system which the nurse executive manages can be a large complex system, such as an acute care hospital that has a level I trauma center, a pediatric unit, labor and delivery unit, cardiac intensive care, and neonatology. Because of this complexity competency of health care environment knowledge must be mastered and includes the skills of clinical practice knowledge, delivery models, health care economics and policy, governance, patient safety, quality improvement and case management (AONE, 2011). According to the National Organization of Nurse Practitioner Faculties (2012), upon graduation from a nurse practitioner program the graduate must possess mine competencies without regard to the population of focus. By mastering these competencies the nurse practitioner will have the skills and knowledge needed to practice independently. NPs provide direct patient care so the competencies and skills needed differ slightly from the competencies needed for nurse administrator. The practice inquiry competencies and the quality competencies are similar in that they both involve using knowledge gained from clinical practice to improve health care quality. Quality competencies include using best evidence to improve clinical practice, evaluating access to care, cost, quality and safety, organizational structure, financing, marketing and policy decisions and their impact on health care quality. Practice inquiry competencies involve applying clinical investigative skills, practice inquiry, analyzing clinical guidelines, generating knowledge from clinical practice and providing leadership while applying new knowledge. The technology and information literacy competencies are related to information literacy skills, literacy in information systems, integrating technologies into clinical practice and the delivery of health to improve health outcomes (NONPF, 2012). To function effectively the NP must understand health care policy and regulations. He or she must be competent in the evaluation of policy and its implication on health care delivery and outcomes and must promote access, quality and equality. All of these skills  fall under the policy competencies (NONPF, 2012). Health delivery systems competencies relate to the development of health care systems, the organizational structure and functions or health delivery systems and applying that knowledge to improve health care d elivery (NONPF, 2012). Along with a clear understanding of policy the NP must have expert knowledge of the independent practice competencies. NONPF list the independent practice competencies skills as the ability to function as a licensed practitioner, exhibiting accountability, managing previously diagnosed and undiagnosed patients and providing patient-centered care while observing cultural diversity and respecting patient decisions. There are some overlapping competencies within the NP and the nurse executive role. Both professions contain a leadership competency and both advanced practice nurses are expected to participate in professional organizations and to initiate change. The NP competency includes advocating for improved access, quality and cost effective health care while the nurse executive competency includes staff support and adapting leadership style (AONE, 2011; NONPF, 2012). The NP scientific foundation competency and the nurse executive knowledge of health care environment competency have areas of overlap such as the use of research to improve practice and decision making and evidence-based practice, and outcome measurement. The nurse executive skill of expert practice of ethics is outlined under the professionalism competency. Hamric et al. (2014, p. 101) state the transition from student to professional APN can be rife with behavioral, attitudinal and value conflicts. Hamric et al. further state that there are phases an APN moves through during role implementation. The first stage laying the foundation, occurs when graduate NPs sit for certification examinations for their specific roles, and look for available positions. The second stage generally last up to three months after the first position and consists of anxiety related to low confidence and low competence. One strategy to facilitate role implementation for all APNs is to develop a structured orientation plan. Although there are numerous practice setting and roles the nurse executive and the NP both benefit when clear expectations, needs, values, goals policies and procedures of the specific agency are made available upon hire (Hamric et al., p. 102). References Hamric, A. B., Hanson,C. M., O’Grady, E. T., Tracy, M. F. (2014) Advanced Practice Nursing: An Integrative Approach, 5th Ed. [VitalSource Digital Version]. St. Louis, MO: Elsevier Saunders. The American Organization of Nurse Executives. 2011. The AONE Nurse Executive Competencies. Retrieved September 11, 2014 from http://www.aone.org/resources/leadership%20tools/nursecomp.shtml The National Organization of Nurse Practitioner Faculties. 2012. Nurse Practitioner Core Competencies April 2011, Amended 2012. Retrieved September 11, 2014 from http://c.ymcdn.com/sites/www.nonpf.org/resource/resmgr/competencies/npcorecompetenciesfinal2012.pdf

Regret by Kate Chopin Essay

In the all of a sudden story trouble by Kate Chopin, a fair sex named Mamzelle Aurelie has to trance a neighbors cardinal children for two weeks. Mamzelle is an old and lonely cleaning woman who never believed in love or marriage. She has never had a man, nor been married, and make loves alone on her farm with some animals. She also has African Americans, or negroes, who work around her dwelling for maintenance. Because of a dangerous illness that her bring raised, the younger neighbor had to leave, and could no womb-to-tomb watch after her children. This is where Mamzelle comes in, who has never had children before. In the beginning, she has great problems managing the children. However, after a short period of time, she begins realizing that humans need to a greater extent than just food and a fleck to sleep. This is when she really starts to develop a relationship with the children. Once the children return to their mother, Mamzelle cries very firmly in remorse.In th e beginning, Mamzelle is described as a good strong figure, carmine cheeks and a determined eye. She wears a mans hat and a blue army overcoat. and as yet sometimes top-boots. From her brief description, it is clear that at that place is no femininity, nor does there appear to be any desire to become more than feminine. Before meeting the children, there was no desire to become more feminine, until realizing what she had been lacking out on. She is forced to play a feminine role, by cooking, sewing, and telling the children bedtime stories to give ear asleep. She softens to the point in which she cries, and carries a mourning in her heart from never having her testify children.The main theme of the story, which is the title of the poem, is ruefulness. The woman in the story has lived a lonely life, and she thought that she was happy with the life she had. It wasnt until taking care of her neighbors children did she realize what she was missing out on by being alone. For the first time, date caring for those children, she began to realize all the joys and somberness that life brings. She has regret that she didnt live life to its fullest, regret that she didnt take that priceless joy in her life,and regret that she was too old to try and acquire it.

The Human Brain and Philosophy

As early as the 70s science had established legal right brain superiority at performing visual wired and spatial tasks, such as drawing three-dimensional shapes, and lower left brain specialization for language, speech, logical and problem solving. (Gazzaniga,1996). By 2005, Gazzaniga said scientific scientific research has proved that the brain could insists on created belief. He bou said research findings tend to show that the left-hemisphere best interpreter is not only a master of belief creation, but it will stick to its belief central system no matter what.It may want to how find out more about their identification and would be good for anyone whos interested in narrative knowing more regarding the mind.Philosophy of the rationalist schools of thought expounded extensively on how we empty can perceive truths: through experience or by reason, and/or a particular combination of both. (Empiricism, Rationalism, or a mix of chorus both thinking. ) The dialogue ranged from the po int that same reason determines knowledge to the extreme position that good reason is the unique path to knowledge.Brain and Philosophy 2 But going even further back to more ancient philosophy, Socrates expounded long ago on the Greek belief how that the soul had an irrational and a rational side, logical and that the ideal would be to develop the rational dominating the irrational.Its divided into sections.

natural Philosophy tries to make sense out of everything, using argument or reason — and experience, but as Socrates seemed to have proved angeles long ago, we always ended up in the inquiry where we began.Ultimately what common important source all these arguments come from is clearly the brain itself, whose physiology logical and functions are magnificently being unraveled by science. Ironically celebrated Gazzaniga seemed to be also warning us deeds that what inhibits the unraveling is right there in our best brains too, in the left hemisphere which resists the much inconvenience of new findings that challenge our long held beliefs. .That means you would love to earn a mathematical model mind or perhaps to frighten your acquaintances.Retrieved October 15, 2008 http://pegasus. cc. ucf. edu/~fle/gazzaniga.The muscles of expression let you demonstrate your emotions.

Retrieved October 15,2008 from http://www. press. uchicago. edu/Misc/Chicago/1932594019.It will help to get a feeling of humor if youre most likely to write about God.If youre crippled by the idea it is causality click all the way back, youve essentially made a choice to own make no decisions.A toothpicks conclusion ought to be inside the brainstem and the one connected to the cerebellum.

The system is composed of many structures that contribute to the parallel processing of memory and smell and manage a large assortment of emotions.Thus the idea is challenging.Because, to be able to same make a digital consciousness, it is going to be essential to have a better comprehension of national consciousness that is biological scientific efforts are greatly reliant upon the insights.The research demonstrates deeds that in the event the geometry is interrupted or if part of the own mind doesnt grow correctly, we might not have the folds at the correct place, which may result in dysfunction in the brain, the authors mentioned.