Saturday, August 31, 2019

Modernist poetry Essay

Modernist poetry tends to break many of the structured rules of poems published previously. Walt Whitman’s â€Å"When I Heard the Learn’d Astronomer,† â€Å"buffalo bill† by e. e. cummings, and â€Å"Mirror† by Sylvia Plath are definitely very different poems in subject. However, what they share is a â€Å"modern† view of poetry. They all â€Å"break the mold† in subject and especially structure. In cummings â€Å"buffalo bill,† cummings â€Å"breaks the mold† both in structure and in syntax. His lack of punctuation and capitalization are unique to his own style. Cummings seems to compare himself to Bill Cody in that Buffalo Bill was really a facade. He rode â€Å"a watersmooth silver stallion,† which means that he didn’t really ride a stallion at all. He uses the word â€Å"defunct† in rather a mocking way, since it is not the way we would talk about someone who died. And yet, at the same time, there is worship in the poem. However, the poet himself has been tricked by the heroic farce of Bill Cody. This sense of mocking fraud is the chief way this poem is similar to the others. Although cumming’s way to get to this similarity is very different from the other poets. He relies on word choice like â€Å"defunct† and mocking statements such as â€Å"fair haired boy. † The tone of both these choices is very irreverent. In Plath’s â€Å"Mirror,† the reader feels as though Plath is writing personally or confessionally. Here is this woman looking in the mirror, seeing the girl slowly be replaced by an older woman and not enjoying this transformation at all. The tone is not irreverent at all, but the image of a â€Å"terrible fish† at the end is very jarring. Plath plays on the fairy tale of looking into a mirror and asking for the â€Å"truth. † But instead of getting the fairy-tale truth, she gets the real truth. If she wants to see how young she looks, she should ask the moonlight or candlelight that hides her flaws and wrinkles. Whereas cummings poem takes a mocking look at legendary Buffalo Bill, Plath’s poem takes a mocking look at a mirror as a truth teller. Plath â€Å"breaks the mold† in being a confessional poet and talking about a woman aging in a completely new way. The last poem entitled â€Å"When I Heard the Learn’d Astronomer† in some ways mocks another kind of person/object with legendary status. He mocks the idea that education can tell us all that we need to know. Like the Transcendentalists before him, Whitman believed that we should use our own experiences to tell us what is true in the world. While his tone does not mock, it does certainly refute the idea that by following the â€Å"learned† people, we will know and understand all that we need to. Even though the â€Å"proofs, columns and figures† were before him, he chose to wander out by himself to find the answers. Whitman â€Å"breaks the mold† for his time period by favoring experiential learning over books and academic learning. The true beauty of the night sky is not in listening and understanding everything about it; it is in the beauty and wonder of the night sky. In trying to quantify nature, we kill its wonder. All three poets tell us something unique and refute some â€Å"old way† of looking at things. For cummings, it is a new look at legendary figure Buffalo Bill Cody, who really wasn’t what he was heralded as being. For Plath, it is the old fairy tale like â€Å"Mirror Mirror on the wall†¦Ã¢â‚¬  Plath allows us to look at aging as what it truly is—gaining wrinkles and getting closer to death. For Whitman, it is allowing us to look at nature in a more mystical and beautiful way rather than trying to qualify and quantify it. All three poets shock us in some way.

Friday, August 30, 2019

Jesters Pies

The report examines an in depth analysis of the Jesters Pies and its brand equity in the market. The report also looks at the brand associations of the product through which it is being recalled by the consumer. Interviews will be taken by consumers of Jesters Pies in order to get an understanding of the brand association. This will show what consumers feel, think and do with the brand. The report will also look at the elements that make the brand up and make it was it is which includes the logo, URL , name and slogan. This is an important part of a company because if these elements aren’t used in a correct way then there is a higher chance the brand won’t be as successful. Having an effective name, logo and slogan can have a huge effect, just look at Nike and their ‘tick’ symbol. The third part of the report will focus on the Jesters marketing programme. This includes an analysis on the product, pricing, communication and distribution of the brand. This is more about how the company operates in actual business rather than what the consumers think about the brand of the company. Finally to wrap the Jesters report up recommendations will be made to the CEO of the company. These will be based on the consumer knowledge and marketing evaluation. These recommendations will be made so the company can use them in the future to help improve their business and overall brand. Company Profile Jesters are a franchising company in New Zealand who are specialist in making and selling pies. Their menu ranges from the traditional Beef Pie to the not so traditional Spud Delux. Their company motto sums them up pretty well; â€Å"serious about pies†. Jesters are New Zealand wholly owned and managed Pie Company. However the first original concept of it was started in Perth in 1997 when the idea of making the finest, healthiest pies in the market, was first created. Jesters pride their Jaffle Pie range to be of good quality, fresh, taste and health. Jesters are located in four cities nation wide which includes Auckland, Christchurch, Wellington and Dunedin. With the first being opened in 2002 at Lynn Mall shopping centre. The business is spreading fast with 34 stores being opened in Western Australia and many more planned. The reason for success Jesters feel is because of the niche $1 billion fast food industry, which they feel, is growing fast. Also because of the uniqueness of the brand and products for sale are new and interesting for the consumer. With over 15 varieties of pies Jesters feels there is something for everyone. The company also caters for your family or a party along with the sit in restaurant layout. The company promises to the customer†¦Ã¢â‚¬ you’ll never stop at one!† (Jesters, about Jesters, 2007) Analysis of Marketing Mix Product Jesters Pies is a unique company in the New Zealand market. Even though the product they are selling is just a pie, which can be brought from any bakery, it is the first to sell them in a fast food style restaurant. Jesters Pies offers 15 varieties of pies which appeal to a wide variety of customers. This is important because you want to cater to as many people as possible so you get more customers. Jesters also diverse their product from other pies by confidently saying that theirs are the healthiest and finest in the market. Another attribute of the pies is that the filling is low fat, lean meats and fresh vegetables, which you probably couldn’t say about your local bakery pie. The final attribute of the product is no artificial colourings, preservatives and MSG are used. This is a good look for the product as it has become so important for consumers in recent times to eat healthy, fresh food (Jesters Pies, 2007). Price Pricing is very important for a brand as it can create associations in the mind of the consumer. It can also be used to build brand equity. So a company needs to price its products correctly in order to get the most out of the consumer. Jesters’ pies are ranged from $3.50 to $4.10. With the $3.50 pies being the classic beef, mince and bacon and egg and the more expensive pies are the fancier ones with more ingredients such as the Popeye which contains spinach mushroom and feta. The pricing strategy they have I feel is good as the consumer gets what they are paying for. The pies are more expensive than the bakery, but are of much better quality and better ingredients are used. Distribution Channel Distribution can have a huge effect on the equity and success of a brand. Distribution is so important because it is the process of getting the product to the consumer. Jesters use a direct channel method to distribution where they sell their product straight to the consumer through their stores. This is probably the most effective way for a brand like Jesters .Jesters Pies stores can be found around New Zealand and in some parts of Australia. They are located in four cities in New Zealand. However all the stores in the Auckland area are found a long way out from central Auckland, with only one store being located in the CBD. However they do have stores located throughout the country so their distribution is pretty good. Promotion/Marketing Communication Promotion and marketing is very important for almost every brand in any industry. Without it you would not be able to get your product into the market and gain awareness from your potential consumers. Jesters have not done a huge amount of advertising that we could recall or find. From what we did find was mostly advertising for magazine and billboards. This could be one reason for the fact that their brand awareness amongst consumers is not very strong. Television is the strongest form of media and is the best for developing a brand image and creating awareness. However even without this the brand seems to be getting more popular which could be put down to things such as word of mouth. With a bit more promotion and marketing the brand could become very popular as it is a unique fast food outlet. Brand equity for Jester Pies Brand equity is an intangible asset that depends on associations made by the consumer. There are various perspectives from which to view brand equity. Brand equity just does not include the value of the brand, but it also includes the value of proprietary technologies, patents, trademarks and other intangibles like manufacturing know how (article 1). So in case of jesters pies, jesters jaffle pies are not oven baked like traditional pie, but they are cooked in a unique jaffle pie makers using ultra-thin light puff pastry and finest quality natural ingredients. Therefore the the difference in technical know how adds to the brand equity of the product. (article2.) Another way to measure the brand equity is the financial aspect of the brand. In this case one way to measure brand equity is to determine the price premium that the brand commands over a generic product. In case of jester’s pies, the pies are priced at $ 3.40 which is normally higher than most of the pies in the market place. As jesters pies have positioned itself as a quality product and people are also willing to pay more for a quality product, it commands high brand equity. Brand equity also represents the added value endowed to a particular product or a service as result of past investments in the marketing of the brand. (Article 1). In case of jesters pies it commands very good brand equity due to its advertising and promotion. Jesters pies has used three mediums of advertising that is print radio and TV. Brand equity also helps the brand to grow globally.( article 1) As jesters pies is a successful brand in Australia, it can use its good brand equity to expand further in new Zealand and other countries as well. Brand Associations These are the things that consumer relates or associate when they think about the brand. It can be how the brand makes them feel, what they think of the brand, what comes to their mind when they think of the brand or even what they do with the brand. The interviews were limited as we only interviewed four people, however the information we got back was good as all consumers had pretty similar answers. This shows that the consumers are all getting similar associations with the Jesters Pies brand. From the answers to the interviews we came up with the following brand associations. †¢ People are aware of the jesters pies because of its logo and the colours used in it. †¢ Most of the people when asked about jesters pies, they have a positive response like, ‘good quality for the price’. So they provide incredible value for money by giving fresh, quality natural ingredients. They also provide fresh vegetables, lean meats and guarantee every pie meets health standards. †¢ People are also attracted towards jesters pies are because of the variety of the pies and value meals the company provides. †¢ People associate jester’s pie as specialised pie outlet. †¢ Most people think jesters as a healthy meal which is free of artificial flavourings, colourings and MSG. †¢ People don’t associate jester’s pie with its other products like sausage rolls, wedges, or coffee. But they feel that some changes can be made by introducing chips to the menu. Recommendations This report has analysed the Jesters Company. It has looked not only the marketing programme side but also the side of the consumer. From what we have found from looking at these components the following recommendations can be made- †¢ Firstly from what was gathered in the interviews not a lot of the consumers had seen much Jesters advertising and if they had it wasn’t very effective. Jesters should start advertising through the most effective medium, TV, this will increase brand awareness. †¢ Another recommendation follows on from the previous one. Jesters need to develop more awareness amongst its target customers. From people we have spoken to a lot of them were unaware of Jesters pies and the brand itself. In order to be successful brand awareness needs to be built up amongst the potential customers. †¢ Another issue gathered from the interviews was that the people who consumed Jesters said they were limited because of the lack of restaurants in handy locations. Perhaps to get more out there in the market they could locate some stores in key areas like around universities and more locations in the CBD

Thursday, August 29, 2019

Barbara Tuchman

Barbara Tuchman 1912-1989 On the cold winter morning of January 30, 1912 the girl was born to Maurice and Alma Wertheim 's parents. Her name is Barbara. One day she will be called the story historian and writer Barbara Tuchman. Barbara was born in a pleasant home in New York State, New York. She has a middle class, her mother and her father come from outstanding families. Because her father has had great commercial success, they may also be wealthy. A magnificent panoramic view of the late medieval period, historic thriller leaves us the impression that he knows another world and lives there. Eric Jager says that human beings are not so much in the past few years I invented a type that reminds me that things have not changed, reality is more important than life and is more attractive than fiction. Because a lot of audiences are irritated by the excited suppression, 2 People's deadly enemies concentrate on each other and their breath is burning behind their sun visors Everybody asks for the death of their opponents The walls which were originally prisons are shackles One will be destroyed and the other will be wiped out under the name of justice.If her husband fighting without rule fails then the fate of the woman is waiting. Glandular plague is one of the most deadly disasters in the Middle Ages. Many historians document this, but few have attracted the attention of readers like Barbara Tuchman. Historian Barbara Tuchman combines animated lighting and in-depth investigation to create fun, fun, disgusting articles. Tuchman wrote an article on the bubonic plague in her article This is the black death of the world has ended. Her article contains a description of the plague and its associated filth. In addition to his own writing, Tuchman also uses contemporary Pest historian's work to accurately portray the characteristics of the horror of that era. She also expressed a sense of confusion due to the great loss caused by the plague. Tuchman uses the description of filth, fear, and confusion to tell the reader the feeling of the fate of the future Essay.com / Barbara tuchman This is the end of the world: plague on black death Barbara Tuchman, who received the Pulitzer Prize, said that ook is the carrier of civilization, history is silent, literature is stupid, science is paralyzed, thinking and guesses are stopped It was. As I mentioned in her quotes, literature always reflects historical events that occur when books are written. For example, in the Anglo - Saxon era, by expanding Christianity and immortal life view in famous epic by becoming a hero in their own epic, Beowulf. Beowulf himself has always summoned the Lord before his fight and tried to compete with Glendell for his own heroic journey. British inhuman behavior to Irish farmers is reflected in Jonathan Swift's irony.

Wednesday, August 28, 2019

Evaluation for presentation to management Essay - 1

Evaluation for presentation to management - Essay Example The recent globalisation has changed the management of human resource in the organisations. There has been focus upon developing better organisational structure and hiring knowledgeable and experienced work force. The globalisation has removed the barriers in searching of talents within the corporate sector of a particular country (Jackson & Alvarez, 1992). The HR manager assists in developing the system of E-Recruitment through which there is every possibility of hiring knowledgeable and experienced personnel for MechCon. This also allows outsourcing certain activities and employees (Prude University, 2005). The globalisation has changed the needs of the organisation as well as the structure. The HR manager facilitates in developing the perfect organisational design and structure that best suit the Australian human resource policy and helps in increasing the efficiency of MechCon (Pucik, 1996). The public sector of Commonwealth of Australia administrates the policy of HRM. The company’s human resource policies should be in line with the Australian policy of HR practices (Massachusetts Institute of Technology, 2004). HR is known to assist in developing strategies that are aligned with the business. This is highly complex and a specialist HR manager with experience can develop such strategies along with business strategies to grow in the competing business environment. The complexity lies in the achievement of organisational excellence and growth (HRPS, 2011). It also lies in planning, development and acquisition of human resource in reaction to the demand for MechCon and dealing with strategy with industrial conflict. The HR manager in recent competitive advantage with application of knowledge successfully manages personnel, relationships, organisational capabilities and learning (Schuler & MacMillan, n.d.). This will help MechCon to gain competitive advantage not only in terms of employee

Tuesday, August 27, 2019

Tesco Plc Strategy Analysis Coursework Example | Topics and Well Written Essays - 750 words

Tesco Plc Strategy Analysis - Coursework Example It also operates financial institutions as a joint venture with the royal Bank of Scotland (Data Monitor, 2004). Mullins (2010) says that a marketing strategy primarily focuses on effectively allocating and coordinating marketing resources and activities in order to accomplish firm’s objectives within a specific product market (Mullins & Walker, 2010). The critical issue that concerns the scope of a marketing strategy is specifying the target market(s) for a particular product or product line (Mullins & Walker, 2010). This is followed by the motivation to seek competitive advantage and synergy through a well-integrated program of marketing mix that is custom made to the needs and wants of potential customers in the market segment (Mullins & Walker, 2010). Michael Porter identifies three generic strategies and these include: the cost leadership strategy, the differentiation strategy and the focus strategy (Mullins & Walker, 2010). These strategies are based on strategic scope a nd strategic strength of a firm. The strategic scope is used to mean market penetration while strategic strength is used to mean the firm’s sustainable competitive advantage (Mullins & Walker, 2010). Tesco uses the cost leadership strategy in its operation. With this strategy a company aims at becoming the lowest-cost producer in the industry (Stephane, Girod, & Rugman, 2005). It is a strategy that is often associated with large-scale businesses that offer generally standard products that comprise of little differentiation and are perfectly acceptable to majority of the market customers. This strategy is aimed at gaining market share by cutting costs so that a firm can offer lower prices and in the process gain market share (Stephane, Girod, & Rugman, 2005). High volume is leveraged to create low costs by getting the best prices from suppliers and more efficiently utilizing fixed costs. In order for any company to use this strategy it must be cost conscious in every aspect of the business (Kim, Nam, & Stimpert, 2004). This strategy therefore is characterized by tight budgeting, elimination of waste and thin personnel staffing. Scholars agree that this strategy is often adopted when there are many providers, growth is flat and providers are trying to steal the market share from each other by lowering prices (Kim, Nam, & Stimpert, 2004). Last year in September Tesco began a new strategy where it began to put its focus on permanent low pricing as opposed to its previous specific price promotions. This was as a result of its losing a great percentage of its market share to its competitors such as Sainsbury, Asda and Wal-Mart (Poulter, 2011). Market segmentation refers to the process of dividing the total market for a product or service into groups with similar needs such that each group is likely to respond favorably to a specific marketing strategy (McDonald & Dunbar, 2004). There are many variables to which a market can be segmented and these include the following: behavioral, demographic, psychographic and geographic segmentation. Behavioral segmentation is a strategy based on customers’ needs and subsequent reaction to those needs or towards the purchase of intended product or services (McDonald & Dunbar, 2004). Demographic segmentation considers aspects such as age, gender, education, income, occupation, size of the family etc. psychographic segmentation is all about diving people according to their lifestyles and values and how

Monday, August 26, 2019

Flawed identifications are responsible for many wrongful convictions Essay

Flawed identifications are responsible for many wrongful convictions. Why What should be done - Essay Example acknowledging the efforts exerted by organizations like the Innocence Project and the Innocence Commission of Florida that review convictions to ensure rightful castigation of the real suspects while freeing the innocent groups. Innocence Project and Innocence Commission of Florida also advocate for payment and compensation of the wrong convicts among realization of the mistakes. The value of such like compensations depends on the damage caused to the innocent convict and the length of time spent in prison. There are many reasons that explains flawed identification that eventually lead to false testimony against a suspect. The first reasons rely on the short memory of human beings and poor attention abated to transpiring criminal activities. This kind of confusion is prevalent when a witness is presented with two suspects; with one white and the other black. In most cases, individual witness will not be able to differentiate whether the main criminal was black or white in color perhaps due to poor attention and concentration as at the time of the crime. In some cases police officers patrol and make arrests after criminal offences and perhaps take photos of the suspects, release the individual suspects and presents witnesses with various photos to identify the actual perpetrators. Due to the length of time lapse after the crime, witnesses’ memory may have faded away and may not make true identification of the suspect but may only desperately point at the suspect with suspicious f ace. The above descriptions narrow down to the theory of own-race bias effect. According to the theory, human beings encounter difficulty in identifying and recognizing individuals from different races and ethnic groups. The theory portends that human beings can make accurate facial identification and recognition when it comes to differentiating people of their own race and ethic divisions. The demises attached to the flawed identification of criminals make it necessary for the

Consumers and Markets Coursework Example | Topics and Well Written Essays - 2000 words

Consumers and Markets - Coursework Example Table of Contents Executive Summary 2 Table of Contents 3 Introduction 4 PRESTCOM Analysis 5 Political 5 Regulatory 6 Economic 6 Social 7 Technology 7 Competitive 8 Organisational 8 Marketing 9 SWOT Analysis 10 Strength 12 Weaknesses 12 Opportunity 13 Threat 13 Conclusion 14 References 15 Bibliography 16 Introduction The computer games market in the entire world is worth about 27 billion USD in a year and it is experiencing a rapid growth. Sony entered into gaming market in the year 1994. The concept of PlayStation was originally discovered by joint partnership of Sony and Nintendo in late 1980s. However, when they wanted to announce their new hardware, Nintendo re-read the earlier contract and found the agreement to be unsatisfactory. Thus, Sony Corp. began working on their previous research and developed the PlayStation. Hardcore gamers are the major customers of PS3. The PS3 targets customer, who are usually 15 to 30 years. As the PS3 support the Blu–ray, secondary customer s are also interested in PS3 because of its HD video quality (Brainmoats, 2008). PRESTCOM Analysis PRESTCOM analysis of Sony will help in analysing the external factors of their business. It helps to understand the new legislation and regulation of government, various business restrictions, and laws relating to tax, VAT, social change and technological factors. It is also used for market analysis. This will help the company to run the business properly. Company can develop new strategies according to the changes in business environment and develop productivity as well. The company can advertise their products and promote their brand. PRESTCOM analysis helps the company to predict the near future condition of business by using political, regulatory, social, economic, technological, competitive, organisational and marketing factors (Maqsood, 2010). Political Political factors consist of the laws of government and pressure group. It affects the company and company’s business in a provided market environment. The policy and rules of government can affect the productivity of Sony Corp. Sony Corp. must need to take permission from the government of a country where it is manufacturing its products. Sony Corporation must develop new innovations to stay ahead of its competitors. Many global policies and laws can affect the company’s regular operation. Government of any country can change or enact various trade restrictions which can make it difficult for products of Sony to survive in the industry. It can change the way Sony works. Government can raise various tax rates such as VAT, Sales tax, Income tax, minimum wage rates, which can hamper the company’s sales. Therefore, the company must prepare for any kind of circumstances (Maqsood, 2010). Regulatory There are various rules and regulations which can affect the company’s productivity. These are: Trade and Business restriction, Returning of product and Warranty regulations. Employment law is also an important factor. It can determine the cost of the product in a specific country. Appreciation of currency plays a significant role in company’s business. For example Sony’s hardware sales decreased because of appreciation of

Sunday, August 25, 2019

Value proposition & Social innovation Essay Example | Topics and Well Written Essays - 500 words

Value proposition & Social innovation - Essay Example For that reason, therefore, in my view, the designing of an effective value proposition should be preceded with a research that aims at understanding the needs, the tastes, and the preferences of one’s potential customers. Through research on the customers’ preferences, one is able to better understand the customers’ preferences, and therefore, be able to empathize with the feelings and the emotions of one’s customers as one designs the value proposition of his or her products. For that reason, therefore, in my view, it is impossible to design an effective value proposition without empathy mapping; this is because I believe that without making a serious effort to understand your customers’ tastes and preferences, it is impossible to design an effective value proposition for your products and services that will capture their attention and their interests. In my reflections on social innovation, I have realized that any business organization that does not take social innovation seriously cannot achieve its intended goals and objectives. This is because, without putting the interests of all the stakeholders of a business organization, and the social and environmental interests, over and above all other interests, a business organization cannot succeed in attaining its goals and objectives. This is because, although, making and maximizing profits is one of the main goals of an organization, an organization that does not put the interests of its stakeholders and its customers cannot succeed in making reasonable profits; the stakeholders and the customers of a business organization need to be treated well so that they can be motivated to serve the business organisation well and to purchase the organization’s products or services. Equally important, without taking good care of the environment, an organization cannot succeed in makin g

Saturday, August 24, 2019

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

Presentations - Essay Example c. Time – Because students can participate in classes wherever they have an internet connection, there is a significant reduction in the amount of time the student spends in preparing for and getting to class. Students who are nervous about taking online classes are typically nervous about it because they can’t envision the advantages they will receive or because they are concerned about the quality of the education they will get. For this reason, I structured my presentation to address these two major issues in a way that points out to potential students how the industry has changed in recent years to bring online education up to the standards of brick and mortar education. Since many students considering online learning are non-traditional students, meaning that they have other responsibilities in their lives, I felt it was important to address these issues most strongly. For this reason, there is a heavy emphasis on the convenience, cost and time savings available in obtaining an education through online sources and pointing out the ways in which online learning has been working to overcome some of its inherent disadvantages, such as interaction among students and teachers. Bodain, Yan & Robert, Jean-Marc. (2000). â€Å"Investigating Distance Learning on the Internet.† Internet Society of Canada. Retrieved July 2, 2006 from

Friday, August 23, 2019

Example of the Statement of Claim Assignment Example | Topics and Well Written Essays - 1000 words

Example of the Statement of Claim - Assignment Example The plaintiff and seller entered into an agreement for purchasing a villa that was to be completed within a specified date. The two signed an agreement that was meant to be followed to the later. The plaintiff performed all covenants, conditions, and promises that had been made. The plaintiff relied on the information in the sales agreement before entering the deal. However, the defendant did not state that he was facing some problems as a result of the emerging financial crisis. As a result of the breach, the plaintiff has been affected financial as a result of the prior commitments that had been made. Concise statement of facts The facts that vary in the case include, a villa that is luxurious was bought on the 3rd of November from the respondent. After that, the claimant responded with a letter on the 7th of January stating that the project of the house was put on hold as a result of a financial crisis that prevailed in the year 2008. The respondent requested that the claimant sho uld stop making any further payments as had been the initial agreement in the making of the deal. After that, the claimant wrote a letter to the respondent asking for a refund of the payments made. However, the respondent did not reply to the letter. The letter had also requested for a termination of the agreement immediately. Later on, in the month of June 2009, the claimant wrote another letter to the respondent requesting for termination of the contract, however, the letter was also not replied to. In the month of August, the claimant requested for a refund of his funds plus an extra interest amount as a result of the failure to comply with the agreement and failing to reply to the letters from the claimant. Points at issue At the signing of the agreement, there were some agreements that were made between the claimant and the respondent. It stated that the date of completion would be stated by the seller. The completion date was approximated to be the month of July the year 2009; however, the date of completion could be extended by a year by the respondent. The seller was also supposed to give the buyer a one month’s notice before the date of completion so that the buyer could get ready to get the new villa. There was also an agreement that would ensure that if the completion date was not within the stipulated time period, the buyer may remedy such a deal and ensure that he gets a refund of all the money within 60 days. The money is returned within 60 days could not be entitled to an interest rate. The return of the payments would constitute the surrender of all the rights. The agreement stated that in case of any disputes, they should be resolved by the use of arbitration. Claimant’s arguments The claimant may argue that there was a breach of contract.  

Thursday, August 22, 2019

The Change in Family Roles in British Society Essay Example for Free

The Change in Family Roles in British Society Essay Family structure and family roles within British society have changed dramatically over the years. This essay will explain the changes in the roles and relationships within the family in the last century. The arrival of the industrial revolution and the rise of capitalism can be seen as the main factor which led to the change in family roles and structure in modern times. Michael Young and Peter Willmott in their book The Symmetrical Family suggest that the family in England has gone through four stages: The Pre-industrial family: The family is seen as an organised unit of production; family members worked together as a unit in the manufacture of agricultural items or textiles. The early industrial family: Family members at this stage are employed as wage earners. This kind of family prevailed in the 19th century when wages were low and unemployment was the enemy. The familys economic function was taken over by large scale industry. In response, families extended their network of relationships to include relatives. Women were for the most part responsible for this. There was a central relationship between a mother and her married daughter; by contrast the husband-wife relationship was weak. Women formed an ‘informal trade union’ from which men were excluded. This kind of family may still be found in long established working class areas. The symmetrical family: The nuclear family has become emphasised at the expense of the extended family and the ‘trade union’ of women has been disbanded. The husband is important once again within the family. Husband and wife share decisions, and work together, hence the term ‘symmetrical’. This kind of family emerged in middle classes and spread into working classes. Work is important in shaping the nature of family life. There are five reasons for the rise of the symmetrical family. The increase in male wages and the employment of women, the decrease of male mortality and unemployment rate, the increase in geographical mobility, the economic equality between spouses and finally the better living standards attracting men to their homes and leading to an increase in home entertainment. The Stage 4 asymmetrical family: Young and Wilmott foresee the development of a stage 4 family, which is an extension of their theory of the ‘Principle of Stratified Diffusion’. According to this theory, patterns of living spread down the social structure. Thus families at the bottom of the social order will copy the habits of those at the top. Applying this theory, they note that managing directors’ lives are work centred rather than home-centred. For such men sport, such as golf, is an important area of recreation. The relationship has become asymmetrical again, with the role of the wife being to look after children. Talcott Parsons believed that the extended family of the past, where each member of the family had a duty to perform including children who had to look after the elderly members of their family, served a number of functions in society. These functions have been taken over in industrial societies by specialist institutions such as the social services and schools. According to Parsons, industrialisation led to a move from extended families where fathers had to be the bread winner and mothers had to be the house wife who does not have any rights, and children from age 8 had to be at work helping their parents, to a nuclear family, where mothers and fathers have almost the same roles and rights, and where children become less dependent and have to stay in school to the age of 16. The structure of the family has changed for a number of reasons. The first is economic. Because more women are in paid work they become more independent. Before, women used to be house wives and they had no rights at all. The second reason for family change is moral. In the past, people could not have children without being married, to the extent that children born outside marriage were given to their grandparents to look after them, or given to work houses. Nowadays, fewer people seem to subscribe to traditional religious teachings on family and marriage; therefore people are free to make sexual and moral choices without any pressure of society. The third reason for family change is legal. Because of recent family law changes it has become a lot easier to get divorced. Before 1857 a private act of parliament was required to obtain divorce and only wealthy people were able to get divorce because of the cost involved. In the past, child abuse and women battering by their husbands were accepted forms of behaviour and women had no right to complain or to take any legal action against men. The BMA report on Domestic Violence (1998) recorded that, 1 in 4 women every year experience Domestic violence and 1 in 10 women experience domestic violence in their lives. However, in 1990, the home office instructed the police to treat domestic violence the same as any form of violence. In 1961, for the first time, women were able to decide if they want to have children or not and whether to have family or not. Also women’s priorities changed from getting married, looking after the family and having as many children as possible. Nowadays, women’s priorities are totally different; they want to be educated and to have the best career they can possibly have. Previously, women had to cope with their partner, even if they do not get on well together, single parenting was not accepted at all Today the welfare state supports women and their children if a relationship fails. Therefore, single parent families are able to survive on low incomes, which are provided by the state. This may account for the recent increase in single parent families as compared with to those days when divorced women had no support whatsoever from the government. To sum up, the last hundred years have witnessed a tendency towards more equality between men and women in terms of education, employment and legal rights. This has led to better individual conditions for both men and women. However, family life has not necessarily benefitted from the above. Instead, single parent families, with their negative impact on children, have increased dramatically and new less natural alternatives to the nuclear family, such as gay associations, have appeared in society.

Wednesday, August 21, 2019

A Matter of Perception Essay Example for Free

A Matter of Perception Essay â€Å"How often have I dreamt that I was in these familiar circumstances that I was dressed, and occupied this place by the fire, when I was lying undressed in bed? † Rene Descartes in his writings from Meditations on First Philosophy brings to us this very reason of doubt of our senses and perceptions. For we have all â€Å"been deceived in sleep by similar illusions† (Descartes) placing the question, how would we â€Å"know the difference between the dream world and the real world? †(Synopsis: The Matrix) It is very interesting looking back at the works of Plato and Descartes in comparison to more modern works such as the blockbuster hit â€Å"The Matrix†. When examining The Matrix we see a complex world built by machines portraying to the human race a virtual world. This virtual world allows the human race to perceive a reality around them, a world built with the intention of blinding people from the ultimate reality that what they perceive to be real is an illusion. Plato in his famous cave allegory makes wonderful connection to the perceptions of reality and illusions. In Plato’s allegory he talks about prisoners who from childhood were bound to a wall and only capable of seeing shadows cast on a wall of puppets representing humans and animals. â€Å"Then in every way such prisoners would deem reality to be nothing else than the shadows of the artificial objects. †(Plato) In The Matrix Neo is very similar to the prisoner that is in the cave who both eventually finds the truth about the real world. Just as the prisoner, Neo has been living in a cave called the Matrix. This Matrix, like the illusions from the shadows of the uppets in the cave, leaves its prisoners completely ignorant to the fact that the world as they know it is not real. There is another similarity between Plato’s allegory and the Matrix. In Plato’s story the prisoner is assisted by a man who like Morpheus with Neo, helps the prisoner escape and see the world of reality. As these two stories go, Neo and the prisoner are brought to the light of truth and reject the world around them. These characters at first are â€Å"unable to see the realities of which in his former state he had seen shadows† (Plato). These shadows for Neo were the representations of reality that he had believed in. To the prisoner he believed the shadows to be the reality. However a major difference to note between Plato’s allegory of the cave and the Matrix is that in the Matrix, the prisoners are not physically bound while conscious by chains but mentally trapped in an unconscious state of a perceived reality that is pleasant. The cave however paints a dark picture of enslavement to the shadows to which the prisoners viewing the illusions being bound and chained and blinded from the outside world. Also contrasting when the prisoner escapes from the cave he is escaping to that outside world full of light and life from the dark. The outside world of the Matrix however is a post-apocalyptic world where the sun has been blocked out by clouds from war and pollution. To escape from the Matrix is to journey into the dark as opposed to the light. The desolation of the real world around Neo is what leads him to reject that real world around him. In the cave allegory, the liberated prisoner is blinded by the magnificence of the sun and light around him. The prisoner gradually opens his eyes to seeing real animals and humans instead of just the shadows. The beauty of the real world and real objects is at first what leaves the prisoner in question, objection, pain and then astonishment. The Cave allegory suggests that most men would seek to see reality. However in the Matrix there is an example of the opposite. Cypher sets up Morpheus in a deal with Agent Smith in order to be re-installed into the matrix and have his memory of the outside world wiped. To Cypher â€Å"ignorance s bliss† and he would much rather indulge in the illusion created by the Matrix than live in a harsh world. I believe though that the harshness of reality would be sought after as opposed to accepting the status quo or the illusion. We as members of society (majority) wake up every day go to work come home pay the bills spend our earnings. We live in the harshness of reality that is our world. That being said, I feel it is human nature to challenge the status quo and not accept what we have or know. Why do we as Americans thrive for excess? We do because we are not satisfied with the status quo. I believe that the reason most men would want to escape the cave is because of wonderment and a natural state of not being satisfied with what we have either materialistically or even our thirst for knowledge. Out of selfishness we would escape the cave because â€Å"ignorance of bliss† will not satisfy our core needs. Henry Ford wasn’t happy with how cars were produced so he escaped the cave of production standards. Steve Jobs didn’t think we needed a keyboard anymore so he created a tablet and escaped the cave of technology standards. We all are trapped in our own caves and though most of us are too busy or too afraid to take the risk, we all would take the opportunity to escape our caves and see a new truth come to light just as the prisoner did when he first saw the sun. In the film the Matrix one is able to break the logical governing rules of the program. In the cave you are have no such liberties, you are strictly a prisoner to the physical rules of the natural world around you i. . being physically chained to a wall and unable to move your head and body. In the Matrix, you are able to freely move around in this perceived reality and even bend the rules of the physical world which we see with Neo especially at the end of the film when he dodges bullets from Agent Smiths gun. There are also similarities and differences between the Matrix and Descartes. In Descartes writing he focused on doubting senses and the idea that the world perceived around him could all be merely a dream. I perceive so clearly that there exist no certain marks by which the state of waking can ever be distinguished from sleep, that I feel greatly astonished; and in amazement I almost persuade myself that I am now dreaming. †- Descartes In Neo’s world of the Matrix, humans are in a permanent sleep being used as an energy source for the computers who can no longer draw off the suns power. While in a state of sleep they are fed through cables in the back of their head a programmed simulation of a perceptual world. Descartes touches on this same concept in his dream argument regarding his perception of reality. Is he awake or is he dreaming? Descartes bases his notion of not being able to distinguish reality from a dream due to the point that dreams can release the same sensory information as reality and therefore we must doubt that sense. His argument seeks to doubt the perceptions of the world given to us by our senses. It was also believed by him that there was no way of proving whether or not we are in slumber or awake. In the Matrix that is a big difference because the characters are able to distinguish between this dream world created by the matrix and reality. Descartes also talks about a great deceiver who is the one obscuring our views of reality. In the Matrix we could we could compare that deceiver to those agents in the program. These agents at one point place a bug into Neo and he awakes the next day believing he was just dreaming. Another example of deception of the senses from the movie is when Neo was tricked by his perception of the lady in the red dress who turned out to be an agent. Whether we are all tied onto a wall restricted by the boundaries of the bonds which hold us there or merely in a state of permanent comatose, one thing is certain that our senses and perception of reality are always in question. Descartes believes that we should always be in doubt of our senses. Even in the Matrix Neo had the same question just like Plato and Descartes â€Å"What is the Matrix†( The Matrix) is it a cave or is it a dream that feels so real we don’t know we are in it? It is very interesting to see the connections behind the works of these two philosophers in comparison to a Hollywood presentation of the ultimate question, are we deceived by our perception of reality? Descartes went into an interesting point in his writing and I personally believe as he, there is a God who is ultimately good and would not let me be in a permanent deception. Though I am not going to get into this deeply I will make one additional thought in my writing that these sources brought up. If God is the one who frees us from our caves, who gives us the option to take the red or blue pill and can we truly know if we are awake or asleep?

Tuesday, August 20, 2019

Identify The Needs And Expectation Of Individual Stakeholder Management Essay

Identify The Needs And Expectation Of Individual Stakeholder Management Essay Organizations change constantly, a projects stakeholder set will change as stakeholder change roles within the organization, move into different roles or leave the organization to take up roles in other organizations. For whatever reason, the ability of individual stakeholder to influence the project may increase or decrease. Most project management methodologies define ways to identify project stakeholder, and then base their entire communications strategies on this initial, and only, identification. Many projects fail because stakeholders do not continue to support the vision or objectives of the project. In many cases this is because the team does not recognize changes in the relative power or position of key stakeholder and fails to make appropriate adjustments in their stakeholder management activities. This study reported upon in this paper is focused on support for project managers in building and maintaining relationships with project stakeholder. This is accomplished through using a practical methodology that allows the project team to identify and priorities the projects stakeholder and then stakeholders needs of the project to develop an appropriate relationship management strategy. The underlying assumption for this research is the stakeholder management is extremely difficult, the project manager and his/her project team members must identify, engage and sustain relationships with a diverse set of groups and individuals (including themselves) who can impact the project in many ways. STAKEHOLDER According to Freemans (1984: pg.25 and pg 26) stakeholder view of the firm instrumentally defines a stakeholder as Any group or individual who can affect or is affected by the achievement of the firms objectives and he suggested that there is a need for integrated approaches for dealing with multiple stakeholder on multiple issues While Freeman framed and demarcated stakeholder as elements of corporate strategic planning. Stakeholders are persons or group who are directly or indirectly affected by a project, as well as those who may have interest in a project and/or the ability to influence its outcome, either positively, or negatively. Stakeholders may include locally affected communities or individuals and their formal and informal representatives, national or local government authorities, politicians, religious leaders, civil society organizations and groups with special interests, the academic community, or other business. The stake that each of these different individuals or groups has in project or investment will vary, for example, there may be people directly affected by the potential environmental or social impacts of a project. Others may be resident in another country altogether, but wish to communicate their concerns or suggestions to the project company. Then there are those who might have great influence over the project, such as government regulators, political or religious leaders, and others active in the local community. There are also stakeholders who, because of their knowledge or stature, can contribute positively, for example, by acting as an honest broker in mediation relationships. TYPES OF STAKEHOLDER Stakeholder is classified as being either internal or external to the firm. They are either part of the business itself, or are influenced by it. There are many groups who are stakeholders inside and outside of a firm who have an interest in its operation, and obviously its survival. The diagram below shows the different stakeholders. Internal stakeholders: are (ones from within an organization) individual, group or business with a vested interest (a stake) in the success of an organization is considered to be a stakeholder. A stakeholder will generally be someone who is concerned with an organization delivering intended results and meeting its financial objectives External stakeholders: are (outside organization) individuals, group or business with a vested interest (a stake) in the success of an organization is considered to be a stakeholder. A stakeholder will generally be someone who is concerned with an organization delivering intended results and meeting its financial objectives. From the table below, Internal stakeholders may have different objectives and level of risk. Stakeholder Objective Risk Shareholders (may be companies not people) Dividend income Small, if investment is part of the portfolio of shares owned. Directors executive Income and power Higher, but may have many directorships, and savings. Directors non-executive Many, depending why they are there. Gives some income. May well be small, smaller than that of executive directors. Managers Income Higher than Directors but lower than that of workers. Workers Continuation of job. Earnings to pay the cost of living High. No job = no income. Jobs may be hard to get. THE IMPORTANCE OF STAKEHOLDERS Stakeholders are those groups, individuals, and parties that are directly affected by the practices of an organization and therefore have a stake in the organizations performance. Some of the common stakeholders in an organization are customers, employees, investors, suppliers, local communities, etc. one of the importance of stakeholders is that a stakeholder can provide feedback to a companys performance. The critical importance of stakeholder engagement and alignment of their goals and vision has been well established (Cooke-Davies 2000, Christensen and Walker 2003). By providing more project manager with a methodology and a tool to better visualize stakeholder potential impact, it is possible to ensure a greater set of potential responses of project manager to the environment they need to operate in (Cooke-Davies 2000, p 211) Stakeholder engagement is a formal process of relationship management through which companies, industries or project engage with a set of stakeholder in an effort to align their mutual interest, to reduce risk and to advance the organizations economic advantage. Manila Water Company Organizational Point of view: (e.g.) From its inception in 1997, Manila Water Company in the Philippians has sought to have a proactive and open relationship with its stakeholders, including customers, local NGOs and government. Good stakeholder relationship are viewed as being fundamental to the core business of the company, which is to provide clean, safe water and sewage services to approximately half of manilas population. When Manila Water acquired the east concession from the government operator, it launched a walk the line program in which all company staff from managers to district level representatives visit their customers, including residents of informal settlements, to consult with them on the delivery of these essential services to their community. As a result of this engagement and other initiatives, Manila Water has significantly improved its service delivery. Between 2004 and 2006, the percentage of household having a 24-hour water supply jumped from 26% to 95%. At t he same time, water losses from the system were reduced from 63% to 35.5%. From 325,000 households served at start of 2004, there were more than 1,000,000 in 2006, including over 848,000 urban poor. The companys proactive stakeholder engagement strategy has also led to a number of partnerships that have benefited local communities, including housing reconstruction for habitat for humanity and micro-financing to start small business through the bank of Philippine islands. Manila Water has established engagement plans for key NGO stakeholders, the media, and investors that include quarterly dialogues and visits to the companys sustainable development and community projects. HOW TO ENGAGE AND MANAGE STAKEHOLDER STRATEGY Stakeholder engagement can improve long-term viability and benefits significantly by improving decision-making, understanding and accountability (Hughes and Demetrius, 2006, p.95) Due to the size and scale of our company, as well as the nature of our business, ConocoPhillips stakeholders have unique and evolving expectations. We proactively engage with them to learn their expectations of us, and then incorporate what we learn into our business plans and actions. This process fosters an environment of trust and mutual respect. Through work with industry associations, participation in multi-sector forums, and dialogue with socially responsible investors, were gaining diverse and valuable perspectives as we continuously improve our sustainable development programs and initiatives. ConocoPhillips stakeholder engagement activities are an integral part of the sustainable development commitments. The major businesses have engagement strategies which vary according to the nature of the local community. In dispersed communities, it identifies key stakeholders and engages with them face-to-face to ensure that the activities are understood and that could consider the feedback. In regions where there are opportunities to bring local stakeholders together, they work with multi-stakeholder groups in a similar way. Proactively identify and seek out key stakeholders early in the business endeavour.à £Ã¢â€š ¬Ã¢â€š ¬ Include these key stakeholders in the design and implementation of the engagement process. Listen in order to understand stakeholders interests, concerns and culture. Communicate openly. Seek solutions that create mutually beneficial business and engagement approaches that also build long-term value for both the company and our stakeholders. Follow through on our commitments and stand accountable for the results, both internally and externally. We engage with stakeholders in variety of ways, for example: Customers: by carrying out a regular customer satisfaction surveys and review feedback from a range of third party surveys. Also to give customers the opportunity to provide feedback directly to stores and via customer service helps line. Employees: by having an open and honest corporate culture, and carrying out regular employee satisfaction surveys. Suppliers: by having a regular communication with its suppliers Communities and NGOs: by engaging with a wide range of local, national and international associations, organizations and NGOs, and local and national government, the municipalities of the communities they serve. Shareholder: by participating in various road shows for socially responsible investment (RSI), at which multinational investors are present. Stakeholders have important and sometimes different priorities. As an organization, there is a need to identify the key stakeholder that is relevant to the business organization activities. And these are the customers, employees, suppliers, communities, NGOs, and shareholders. Many stakeholder engagement activities currently occur at operating level; there is always a plan to aim at an increase activities at group level and also to discuss the progress of the business and implement a future strategy. Benefits of stakeholder engagement Stakeholder benefits Company benefits Reputation Reputation Innovation employee motivation and competence project outputs competitive advantage/innovation access to resources risk management social capital (networks, local knowledge) social capital (networks, local knowledge) Competitive advantage/innovation Several companies supported the view that stakeholder engagement can help create a competitive advantage (Porter and Kramer, 2002; Harting et al, 2006). One respondent noted that weve gone 100% Fair-trade on our bananas and have committed to do the same with tea big strategic changes like that take a lot of planning and create real points of difference that are difficult to copy (Sainsburys). Engaging stakeholders has also been seen as a way of inspiring business innovation: were a big business but we dont have all the answers its good to listen to other people and develop new solutions Marks Spencer DESCRIBE THE ROLES 0F THE DIFFERENT STAKEHOLDERS BY ANALYSISNG DIFFERENT TECHNIQUES Commonly cited techniques for informing deliberation through stakeholder involvement Public hearings: Regulated, formal arrangements for times and places at which members of the general public and other types of stakeholders can give evidence or question public authorities about decisions under consideration. Deliberative polling: Like opinion polling, but collects views after persons have been introduced to the issue and have thought about it. Meant to give an indication of what people would think if they had the time and information to consider the issue (instead of reacting cold). Includes a feedback session, sometimes with a high media profile (e.g. broadcast by television along with documentary inserts) Focus groups: Small groups of invited or recruited persons discuss a theme or proposal; provides insight on their reactions, values, concerns and perspectives, and an indication of how group dynamics influence opinions. Citizen advisory groups: Small groups of persons who represent various interests or expertise (e.g. community leaders) meet on a regular or ad hoc basis to discuss concerns and provide informed input. Consultative groups: Forums that call together key representatives of civil society (NGOs and CSOs), economic and political spheres, to make policy recommendations and to improve the ongoing dialogue between these actors Nominal group process: A structured group interaction technique designed to generate a prioritized list of high-quality ideas within two hours or less. It is particularly helpful for setting goals, defining obstacles, and gathering creative responses to a particular question. Multi-actor policy workshops: Small groups mixing key stakeholders and technical experts, aimed at collecting a range of viewpoints on what are the important question raised by the dialogue issue. These may allow an innovative view of the problem to emerge, along with new approaches to its solution. It is not necessary or practical to engage with all stakeholder groups with the same level of intensity all of the time. Being clear on whom you are engaging with and why will save both time and money. This requires prioritizing your stakeholders and, depending on who they are and what their interests are, figuring out the most appropriate ways to engage. Stakeholder analysis will assist in this prioritization by assessing the significance of the project to each stakeholder group from their perspective, and vice versa. It is important to keep in mind that the project is dynamic and that both stakeholders and their interests might change over time. For example, some stakeholders will be more affected by a particular stage of a project. You may now have a long list of people and organizations that are affected by your project. Some of these may have the power either to block or advance it. Some may be interested in what you are doing, others may not care. You can map out your stakeholders on a Power/Interest Grid as shown in Figure 1, and classify them by their power over and interest in project. Power/Interest Grid for Stakeholder Prioritisation For example, your boss is likely to have high power and influence over your projects and high interest. Your family may have high interest, but are unlikely to have power over it. The position on the grid shows you the actions you have to take with the stakeholder: High power, high interest: these are the stakeholders you must fully engage with, and make the greatest efforts to satisfy. High power, less interest: put enough work in with these stakeholders to keep them satisfied, but not so much that they become bored with your message. Low power, high interest: keep these stakeholders adequately informed, and talk to them to ensure that no major issues are arising. These stakeholders can often be very helpful with the detail of your project. Low power, less interest: monitor these stakeholders but do not bore them with excessive communication. Internal stakeholders: Directors: may be executive or non-executive ones. They are appointed by the shareholders to look after their interest. Shareholders: are the owners of plcs (public limited companies) or private limited companies. Managers: will include the executive directors. When they are running the company they are managers. Essentially managers are the [people within a firm responsible for planning and directing the work of a group of individuals and monitoring their work. Worker: These are all the non-managerial/supervisory people that work in a firm. External stakeholder Central government: firms supply the central government with a large part of its income. They can influence their decisions, though, especially if they are large and powerful. Locality: firms create employment and income for the community. Employees spend in shops etc. creating more jobs. There is a multiplying effect from this income. They may cause pollution and other problems causing potential conflict of interest. Pressure groups: this may b e stakeholders if they are affected directly or indirectly by the actions of a firm. Local communities, for instance, may form a pressure group to prevent a firm from expanding its premises or even setting up in the first place. Customers: customers have an obvious interest in the survival and efficiency of the firm. They want the product at the best price and quality possible. Suppliers: suppliers have an obvious interest in the survival and efficiency of the firm. They want the product to sell so they get the orders from materials etc. Competitors: competitors have an interest in the survival of the firm. Its failure may help them (more market share available), but so may their survival. (Monopoly markets are not as good as they seem. New technology firm need competitors to help with the marketing and market development.) Local government: films are part of the locality so interface with the government. They supply income (business tax) and need services. (Planning, health, fire, police) Also, Secondary stakeholders may play key roles in managing conflict by: Information gathering and analysis providing technical support, obtaining or advising on information, participating in the search for views on possible solutions, or increasing the acceptability of various outcomes; Advocacy working alongside weaker parties to build a transparent process, or helping the wider political arena to work towards greater equity; Intermediating acting as mediators between other conflicting groups; Monitoring and enforcement ensuring compliance with agreements by helping to enforce any that are broken. Secondary stakeholders can be effectively involved without including them directly in formal negotiations. For example, they can take part in focus group meetings, advisory or working groups, surveys or interviews, and community meetings. USE RACI ANALYSIS TO CLEARIFY STAKEHOLDER MAPPING AND TECHNIQUE: by Value Based Management.net Last updated Apr 17th, 2012 RACI Analysis: The RACI model is a relatively straightforward tool that can be used for identifying roles and responsibilities during an organizational change process. After all, transformation processes do not process themselves; people have to do something to make the process happen. Therefore it is useful to describe what should be done by whom to make a transformation process happen. Instead of the term RACI, sometimes also the terms RASCI or RASIC are used. RASCI is an abbreviation for: R= Responsible owns the problem or project A= to whom R is Accountable who must sign off (approve) on work before it is effective S = can be Supportive can provide resources or can play a supporting role in implementation C= to be consulted has information and/or capability necessary to complete the work I= to be Informed must be notified of results, but need not to be consulted The techniques is typically supported by an RACI chart (see figure) which helps to dearly discuss, agree and communicate the roles and responsibilities. Typical steps in a RACL process: Identify all the processes / activities involved. Identify all of the roles. Identify who has the RASCI for each process. Every process should preferably have one and only one R as a general principle. Resolve overlaps. Resolve gaps. Responsibility matrix that helps to clarify the who-does-what on the virtual team.   While working with a team recently I realized that RACI is often confused with a similar tool called a stakeholder analysis.   Whats a stakeholder?   In the case of telework, a stakeholder is any individual, group or organization that can have a significant impact on or can be significantly impacted by the telework initiative.   A stakeholder analysis is a process to align the political aspects of the organization  to the needs and goals of telework.   The success of a telework program can be influenced by many factors.   As many studies have pointed out, some of the biggest hurdles in telework are management resistance, organizational culture, and communication.   A stakeholder analysis can help overcome these barriers by forcing the implementation team to identify all the potential parties and individuals that can positively or negatively influence the initiative and then develop strategies to align those stakeholders. Creating a stakeholder analysis is simple.   Heres how to do it step by step: First, identify the individuals or groups that qualify as stakeholders (you can list them in the first column).   Next, identify whether they are resistant, supportive, or neutral in regards to the telework implementation.   I have colored coded mine (red, green, yellow) to make it stand out more.   Some teams like to use a scale of 1 5 to add in categories of very resistant to very supportive. In this step you will identify the issues or reasons that explain the stakeholders position.   If they are resistant, why are they resistant? Once the team labels the stakeholders position, they can use the same scale described in Step 2 to list where they need the stakeholder to be.   This step will help you prioritize where to focus some of your communication and change management efforts.   For example, you may have stakeholders that are neutral to the initiative but they are not vital stakeholders and as long as they are not resistant, then there is no need to focus on them.   Lastly, for the stakeholders the team needs to align, the team can identify the specific strategies to employ to get them onboard.   Additional columns can be added to assign specific team members to the strategies and due dates. So whats the difference between the stakeholder analysis and a RACI?   Both are living documents and can be used to help increase intra-organization communication.   However, the RACI is typically used to determine who-does-what while the stakeholder analysis helps get various people or organizations onboard with the initiative.   Like the RACI, there are may variations to the stakeholder analysis.   Some practitioners like to add an additional column to help prioritize stakeholders, such as level of impact the stakeholder might have.   Other matrices can be get more elaborate by adding additional columns for identifying root causes to certain issues or specifics of the communication plan (i.e. frequency, medium, etc.).   My advice is to keep it simple.   The intent, not the table, is what is important.   Successful telework implementations depend on managing a number of stakeholders.   Getting them aligned at the onset and keeping them onboard is key and can be done with a little forethought. Analysis for each stakeholder: Are there too many Rs:  Does one stakeholder have too much of the project assigned to them? No empty cells:  Does the stakeholder need to be involved in so many of the activities? Can Responsible be changed to Consulted, or Consulted changed to Informed? I.e., are there too many cooks in this kitchen to keep things moving? (And if so, what does that say about the culture within which this project is being managed?) Buy-in:  Does each stakeholder totally agree with the role that they are specified to play in this version of the model? When such agreement is achieved, that should be included in the projects charter and documentation. Analysis for each PLC step or deliverable: No Rs:  Who is doing the work in this step and getting things done? Whose role is it to take the initiative? Too many Rs:  Is this another sign of too many cooks in this kitchen to keep things moving? No As:  Who is Accountable? There must be one A for every step of the PLC. One stakeholder must be Accountable for the thing happening the buck stops with this person. More than one A:  Is there confusion on decision rights? Stakeholders with accountability have the final say on how the work should be done and how conflicts are resolved. Multiple As invite slow and contentious decision-making. Every box filled in:  Do all the stakeholders really need to be involved? Are there justifiable benefits in involving all the stakeholders, or is this just covering all the bases? A lot of Cs:  Do all the stakeholders need to be routinely Consulted, or can they be kept Informed and raise exceptional circumstances if they feel they need to be Consulted? Too many Cs in the loop really slows down the project. Are all true stakeholders included in this model:  Sometimes this is more of a challenge to ensure, as its an error of omission. This is often best addressed by a steering committee or management team.

Monday, August 19, 2019

Digital Millennium Copyright Act. (DMCA) Essay -- Rights Copyright Res

Digital Millennium Copyright Act. (DMCA) MOSCOW, Russia (AP) - Bill Gates was arrested late Thursday evening at Moscow International Airport. Gates, co-founder of the Microsoft Corporation (MSFT), was returning to the US after attending a software conference in Moscow. Sources indicate the NKVD arrested Gates on charges pursuant to an alleged violation of Russian software law. The charges were reportedly filed by the Russian software firm Camah, presumably in response to the recent release of Microsoft Advanced eBook Processor. (This software allows users to convert Camah eBook texts into other formats.) As a foreign national, Gates was denied bail. "Yeah, right." you think. "That's absurd. It could never happen. A U.S. citizen arrested in Russia for violating a Russian law while in the United States." Unfortunately, change the names, swap the roles of Russia and the United States, and it happened quite recently. How? Thanks to a 60 page piece of legislation known as the Digital Millennium Copyright Act. (DMCA) To understand the DMCA, we must understand what it was designed to do. The name gives away a few clues. Obviously it deals with copyrights, and things digital. And at the the core of any discussion of copyright is the concept of intellectual property. Without getting mired in legal jargon, let us consider an example. Pretend you're a musician. (I'll leave it up to you to decide if you're starving or not) Simplifying things greatly, there are really only two things you have to do to produce an album. The first is coming up with the lyrics and the music. This is your intellectual property. Second, you need to record and make copies of your music. (Unless you went with "starving" above) These copies are physi... ...ca.org (Mar 2002). Boucher, Rick (D-VA) "Time to rewrite the DMCA" Jan 29, 2002 http://news.com.com/2010-1078-825335.html (Mar 2002) "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" Feb 17, 2000 http://www.acm.org/usacm/IP/dmca.exemption.htm (Mar 2002) "Digital Millennium Copyright Act Status And Analysis" Mar 19, 2001 http://www.arl.org/info/frn/copy/dmca.html (Mar 2002) "US Copyright Office Summary of the Digital Millennum Copyright Act of 1998" December 1998 http://lcweb.loc.gov/copyright/legislation/dmca.pdf (Mar 2002) Ferguson, Niels "Censorship in action: Silenced by the DMCA" Aug 29, 2001 http://www.macfergus.com/niels/dmca/ (Mar 2002) Samuelson, Pamela "Anticircumvention Rules: Threat to Science" Sep 14, 2001 http://www.sciencemag.org/cgi/content/full/293/5537/2028 (Mar 2002) Digital Millennium Copyright Act. (DMCA) Essay -- Rights Copyright Res Digital Millennium Copyright Act. (DMCA) MOSCOW, Russia (AP) - Bill Gates was arrested late Thursday evening at Moscow International Airport. Gates, co-founder of the Microsoft Corporation (MSFT), was returning to the US after attending a software conference in Moscow. Sources indicate the NKVD arrested Gates on charges pursuant to an alleged violation of Russian software law. The charges were reportedly filed by the Russian software firm Camah, presumably in response to the recent release of Microsoft Advanced eBook Processor. (This software allows users to convert Camah eBook texts into other formats.) As a foreign national, Gates was denied bail. "Yeah, right." you think. "That's absurd. It could never happen. A U.S. citizen arrested in Russia for violating a Russian law while in the United States." Unfortunately, change the names, swap the roles of Russia and the United States, and it happened quite recently. How? Thanks to a 60 page piece of legislation known as the Digital Millennium Copyright Act. (DMCA) To understand the DMCA, we must understand what it was designed to do. The name gives away a few clues. Obviously it deals with copyrights, and things digital. And at the the core of any discussion of copyright is the concept of intellectual property. Without getting mired in legal jargon, let us consider an example. Pretend you're a musician. (I'll leave it up to you to decide if you're starving or not) Simplifying things greatly, there are really only two things you have to do to produce an album. The first is coming up with the lyrics and the music. This is your intellectual property. Second, you need to record and make copies of your music. (Unless you went with "starving" above) These copies are physi... ...ca.org (Mar 2002). Boucher, Rick (D-VA) "Time to rewrite the DMCA" Jan 29, 2002 http://news.com.com/2010-1078-825335.html (Mar 2002) "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" Feb 17, 2000 http://www.acm.org/usacm/IP/dmca.exemption.htm (Mar 2002) "Digital Millennium Copyright Act Status And Analysis" Mar 19, 2001 http://www.arl.org/info/frn/copy/dmca.html (Mar 2002) "US Copyright Office Summary of the Digital Millennum Copyright Act of 1998" December 1998 http://lcweb.loc.gov/copyright/legislation/dmca.pdf (Mar 2002) Ferguson, Niels "Censorship in action: Silenced by the DMCA" Aug 29, 2001 http://www.macfergus.com/niels/dmca/ (Mar 2002) Samuelson, Pamela "Anticircumvention Rules: Threat to Science" Sep 14, 2001 http://www.sciencemag.org/cgi/content/full/293/5537/2028 (Mar 2002)

Huck Finn - Life On The River Essay -- essays research papers

The difference between life on the river and life in the towns along the river is an important theme in the novel ‘The Adventures of Huckleberry Finn’ by Mark Twain. Twain uses language to draw the contrast effectively as well as through the atmosphere that has been created, the diction, the punctuation and the figures of speech employed. The two paragraphs, which most effectively display this contrast, refer to the peaceful life on the river and the vile nature of the streets and lanes of a town. In the fist paragraph Huck describes in mostly monosyllabic and colloquial expressions how pleasant life on the river is. At the beginning of the passage Huck uses the image of swimming peacefully to describe how the time passes, ‘you might say they swum by, they slid along so quite smooth and lovely. The alliteration of swum, slid and smooth helps to formulate a mental semblance of the swift and steady motion of the river and like the rivers flowing the words also seem to easily flow. This image is appropriate as it directly relates to the motion of the river on which they are travelling. ‘Here is the way we put in the time.’ Presents Huck’s idyllic life on the river is as routine. The words ‘then’ and ‘next’ are repeated several times in the first half of the passage, their function and effect is ensure that the passage flows, much like the river, in a slow and constant sequential manner. A sense of relaxed movement is conveyed and emphasised by diction and alliteration throu...

Sunday, August 18, 2019

Recessions and Depressions Essay -- Economy, The Great Depression

America has experienced several recessions and depressions in the past. Most recently, the housing crisis sparked a recession which has led to rising unemployment. The largest recession so far has been the Great Depression of the 1930s. A stock market crash in 1929 caused loss of savings which led to unemployment, lower wages, and a distrust of the banking system. The affects of it lasted into the 1940s. Franklin Roosevelt was elected president during this period; legislation he passed tried to alleviate the suffering of the public. As a result of the Great Depression, Franklin Roosevelt created the Civilian Conservation Corps to employ jobless young men and improve government land. The decade directly preceding the Great Depression was prosperous and lucrative. Many factors led to this era, often called the roaring twenties. The use of labor-saving machinery affected several industries. Henry Ford’s Model T suddenly was much cheaper, which enabled more families to purchase one. Less than seven million cars were on US highways in 1919. That number leaped to 23 million in 1929. This increase of cars and travel led to the expansion of gas stations, roadside restaurants, and service and repair stations. The use of machinery decreased the amount of labor needed on farms while increasing the yield per acre. Prohibition was still being enforced so the need for moonshine created an economic niche for those entrepreneurs not afraid of the law. Radio sales also increased rapidly. Total radio sales in 1922 were at $60 million while 1929 had radio sales totaling $850 million. This increase of radios also enabled more commercials to reach the ears of consu mers. For the first time, marketing messages were being sent direct... ... always conservation. As the depression slowly lessened and the program drew to a close, critics began to wonder if the Corps was conserving public lands, or over-developing it (â€Å"New Deal for Parks† 8). The looming threat of World War II redirected the efforts of the CCC. While the Corps still worked on government land, it was mainly on military bases to build or refurbish airfields and artillery ranges. When the United States officially joined World War II, funding for the Corps was cut. Even if funding had been continued, the program would’ve shrunk drastically as many of the enlistees joined the Army and were sent overseas to fight the war. The Civilian Conservation Corps is widely viewed as one of the more successful programs of the New Deal. It employed half a million young men while improving thousands of acres of public land (New Deal for Parks 8).

Saturday, August 17, 2019

Ethical and Legal Issues in nursing Essay

The nursing regulatory body, the Nursing and Midwifery Council requires all registered nurses to have an understanding of the ethical and legal principles which underpin all aspects of nursing practice(NMC,2010). A comprehensive understanding of current legal and ethical frameworks facilitates the delivery of appropriate skilled nursing care. The purpose of this assignment will be to critically discuss an episode of care encountered whilst on clinical placement. The episode of care involves the covert administration of medication to an elderly patient. The decision to covertly administer the medication will be critically assessed in this assignment. The Gibbs(1988) reflection model will be used to guide the discussion. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. Harris et al. (2008) found that between 40 and 60% of mental health patients fail to adhere to their medication treatment plan. This number increased to 50 and 70% for elderly patients with dementia, and between 75 to 85% among patients with schizophrenia and bi-polar disorders. In such cases, where the patient’s well being is at risk and the treatment is essential, health-care professionals may resort to disguising medications in food and drink. The medication is crushed or liquefied and mixed with foodstuff. This practice of concealment is called covert medication(NMC,2008). By covertly administering medication, the patient consumes a drug without the required informed consent. The Gibbs(1988) reflection model has been chosen for the purpose of this assignment as it allows the author to reflec t and think systematically about the episode of care. The initial stage of Gibbs’ reflective cycle is ‘Description’; in which the author is required to describe the events which occurred. In order to comply with the NMC(2010) code of conduct and guidelines on patient confidentiality, the patient will be called Mr Walker. Mr Walker, an 80-year-old service user was temporary placed at the respite care home. Mr Walker had severe dementia, and was  unable to communicate effectively. He frequently resisted all essential nursing care. Mr Walker’s medical history also included hypertension and angina. He was prescribed blood pressure medication (enapril tablets) to stabilise his blood pressure and to reduce the risk of stroke and heart attacks. He was also prescribed diuretics and medication to prevent further angina attacks. Mr Walker frequently refused to take his medication; spitting out the tablets and refusing to swallow. The nurse in charge, concerned about the deterioration of Mr Walker’s health, considered the option to covertly administer his medication. The MDT held a meeting and reached the decision to covertly administer Mr Walker’s medicat ion. The second stage of the Gibbs’ reflective cycle is ‘Feelings’, requiring the author to briefly discuss her reactions and feelings. The author felt the decision to covertly administer medication was morally correct and ethically permissible. The author refers to the deontology ethical theory to support her thoughts and feelings. The NMC code of conduct considered by Beckwith and Franklin(2011) as a model of rule deontology states that all health-care professionals should â€Å"safeguard and promote the interests and well-being of patients†. The act of covertly administering medication could therefore be deemed morally correct. The practitioners intended on acting in the best interest of Mr Walker irrespective of the consequences of their actions (breaching patient autonomy). Their actions promoted and safeguarded Mr Walker’s health and well-being. Husted (2008) argues that from a deontological point of view, violating an individual’s autonomy is sometimes necessary to promote the individual’s best interest. In this case it could therefore be ethically permissible to covertly administer medication without Mr Walker’s consent. The medication is essential and promotes Mr Walker’s long-term autonomy and safeguards his health and well-being. Similarly, the ethical princip les of beneficence and non-maleficence could be used to justify the use of covert-medication (Wheeler 2008). The principle of beneficence is an ethical principle derived from the duty to provide benefits and to consider the benefits of an action against the risk. According to Masters(2005), health-care practitioners have a professional duty and an ethical obligation to carry out positive actions with the aim of safeguarding their patient’s health and well-being. With this notion in mind, covert medication could be morally justified if it safeguards the  welfare of the patient. In this case, the discontinuation of medication would have had a detrimental effect on Mr Walker. Thus administering the medication covertly was in accordance with the principle of beneficence. In this case, one could also argue that the medication was actually acting as an autonomy restoring agent (Wong et al,2005). Mr Walker’s autonomy was restored in that he was relieved of severe pain. The medication also worked by improving his quality of life. Several studies on the chemical and physical restrain t of aggressive dementia patients also often show a preference to covert medication (Treolar et al,2001). Covert medication is often considered the least ‘restrictive’ and ‘inhumane’ way of administering medication when considering alternatives like physical and technical restraint to administer medication by force (Engedal,2005). Such alternatives to covert medication are unsafe and can have long lasting negative psychological effects on the patient (Wong et al, 2005). However, covert medication is not without its shortcomings. The team was deceiving Mr Walker, an already confused, poorly, frail, weakened and vulnerable individual. In the Dickens et al(2007) study, many patients expressed this view of covert-medication as an act of deception. They considered covert medication as an extremely coercive practice violating their personal rights. This resultantly damaged the therapeutic nurse-patient relationship and patients felt they were no longer in a safe, therapeutic environment. The nursing ethical principle of non-maleficence is similarly relevant to this discussion. It requires practitioners to safeguard their patients’ welfare by not inflicting pain or harm (Koch et al,2010). This requirement poses serious ethical dilemmas. It is difficult to uphold this ethical standard as all forms of medical intervention entail some element of harm. Koch et al,(2010) suggest that perhaps for the harm caused to be ethically permissible it should be pr oportional to the benefits of the medical treatment. The author thus feels that covert medication in Mr Walker’s case could be ethically justified under these ethical principles. The author will now focus on the ‘Analysis’ stage of Gibbs’ reflection model. Here, the author will critically analyse the events which occurred including the decision making process and the decision itself. The author will firstly discuss the issue of consent in relation to covert medication. The covert administration of medication is indeed a complex issue. It derives from the  essential principles of consent and patient autonomy which are deeply rooted in the UK statute, common law and the Human Rights Act 1998 (Lawson and Peate,2009). The UK law clearly considers bodily integrity a fundamental human right; a mentally competent adult has the right to refuse medical treatment regardless of how essential the treatment is to their health and well being (Kilpi, 2000). The freedom of choice which is reinforced by the ethical principle of respect for autonomy is an important right. The NMC(2008) further highlights in the Code that it is the nurses’ professional, legal and ethical duty to respect and uphold the decision made by the patient. If a nurse administers covert medication to a mentally competent individual, the nurse will be acting unethically (disregarding autonomy) and in breach of the law which could constitute grounds for trespass, assault or battery (NICE,2014), as shown in the cases R v SS [2005] and R v Ashworth Hospital [2003]. Thus practitioners have a professional, legal and ethical duty to respect the autonomous wishes of each patient. In Mr Walker’s case an MDT meeting was held prior to the covert administration of medication to consider Mr Walker’s lack of consent and his mental capacity to consent. The MDT consisted of: the general practitioner, psychiatrist, junior house officer, nurse-in-charge, home-manager, occupational-therapist, physio-therapist, speech and language therapist, pharmacist, dementia nurse specialist, student nurse, and two relatives. By holding an MDT meeting, the practitioners were acting in accordance with local policies and guidelines. The NICE(2014) guidelines state that health-care practitioners have a legal duty to investigate and take into account the patient’s wishes, as well as the views of their relatives, carers and other practitioners involved in the patient’s care. By consulting with the relevant parties, the decision made will be, â€Å"based on what the person would have wanted, not necessarily what is best for their physical or mental health†(Latha,2010). Latha thus argues that decisions based on the patient’s wishes show some respect for the patient’s autonomy and are much more ethical than isolated decisions to covertly administer medication. As such, a failure to consult the relevant parties may constitute a breach of legal, professional and ethical duty as shown in the Gillick v West Norfolk  Health case (Nixon,2013). However, the Dickens et al, (2007) study shows that nurses frequently administer covert medication without any prior discussion with the MDT, relatives or even the pharmacist. Such practice has led to some nurses being disciplined and charged with various offences (Wong et al,2005). Under UK law, covert medication could be legally justified and considered ethical if the patient is admitted to the hospital under the Mental Health Act (1982). It could also be justified if it is shown that the patient lacks capacity under the Mental Capacity Act(2005). The MCA(2005) introduced the 2 stage capacity test. This 2 stage-capacity-test was used by the MDT in Mr Walker’s case. The MCA test required the MDT to consider whether Mr Walker’s cognitive impairment rendered him mentally incompetent to make treatment decisions. The physician used the MacArthur Competence Assessment Tool for Treatment (MacCAT-T) and the Mini-Mental Status Examination tool (MMSE) to assess Mr Walker’s cognitive function and his capacity to consent. The MacCAT-T interview tool was used to assess Mr Walker’s ability to (1) understand his medical condition and the benefits/ risks of the medical treatment (2) his ability to appreciate this information (3) his reasoning ability and (4) his ability to communicate and express his decision. The results showed Mr Walker as mentally incompetent and lacking the capacity to consent. Mr Walker was (1) unable to understand the information given to him regarding his treatment (2) he was unable to retain or weigh up the information given to reach a decision (3) he was unable to communicate his decision effectively even when encouraged to use non-verbal communication such as blinking or squeezing a hand. The Mini-Mental Status Examination (MMSE) tool was also used by the physician to assess Mr Walker’s cognitive function. Mr Walker following the assessment scored a low score of 12 on the MMSE. The MDT provided further clinical evidence (screening tools, clinical data, memory tests , medical imaging results).There were some disadvantages associated with using the MacCAT-T assessment tool. The MacCAT-T tool itself does not give ‘cut off scores’ to clearly ascertain the boundary between capacity and incapacity. This is certainly a limitation. As shown in the Palmer et.al. (2002) study, this can lead to some patients with low scores being wrongly assessed as lacking capacity. The MacCAT-T tool also fails to recognise the emotional aspects of decision making (Stoppe, 2008). It assumes that people only rely on a  rational, analytic, rule-based thought process to make decisions. Breden and Vollman (2004) thus argue that, â€Å"the restriction to only logical rationality runs the risk of neglecting the patient’s normative orientation†. Other factors including situational anxiety, severity of the medical condition, medication could also impact on a person’s ability to articulate their decision making process. Furthermore, assessment tools like the MacCAT-T tool, largely depend on the clinician’s ability to carry out a clinical interview with the patient. It requires the physician to make an isolated evaluation and decision. Isolated judgements and evaluations can be unreliable as they can be influenced by factors such as subjective impressions, professional experience, personal values, beliefs and even ageism as shown in the Marson et.al. empirical study (Sturman,2005). In the study only 56% of physicians who participated in the capacity assessment of patients were able to agree on a capacity judgement. Many physicians found that they were unable to agree due to differences in medical experience, personal beliefs and subjective impressions. Such empirical evidence certainly questions the reliability of capacity assessment tools. Following on, effective communication skills were essential at this first stage of the capacity assessment as the team was required to consider whether Mr Walker was likely to recover capacity. Effective communication is certainly important in such MDT settings as, â€Å"effective communication, which is timely, accurate, complete, unambiguous, and understood by the recipient, reduces errors and results in improved patient safety† (Bretl,2008). Several studies have shown ineffective communication as a contributing factor in medical error cases (Rothschild, 2009). Through effective communication, each member of Mr Walker’s MD team understood the discussion at hand and was thus able to contribute new suggestions and solutions. The team implemente d communication skills such as negotiation, listening and goal setting skills.The MDT with input from Mr Walker’s relatives concluded that a best interest decision would have to be made on Mr Walker’s behalf. The general practitioner made it clear that the best interest decision would have to comply with the UK legal framework. The European Convention of Human Rights (ECHR) requires the medical treatment given to be respectful to the patient (Pritchard, 2009). In discussing Mr  Walker’s case, it was firstly established (during the medication review), that the treatment in question had both ‘therapeutic necessity’ and ‘therapeutic effects’ for the patient. The MDT when making a best interest decision also considered the risks and benefits of treatment in accordance with the ECHR requirements. The ECHR states that the medical treatment should not be given in a sadistic, inhumane or degrading manner (Human Right Review,2012). Similarly, the NICE(2014) guideline states that the harm that would be caused by not administering the medication covertly, must be greater than the harm that would be caused by administering the medication covertly. This requirement was satisfied by the practitioners in Mr Walker’s case. An in-depth risks and benefits assessment was carried out. The pharmacist’s input was essential at this stage. The pharmacist presented an evidence-based argument; discussing the essential medication with medical necessity. The pharmacist also provided guidance on the most appropriate form of administration; for example he suggested prescribing enapril in its liquid form (enaped). The pharmacist also provided guidance on the most appropriate method of administration; for example; not mixing the medication with large portions of food or liquid. Following this discussion with the pharmacist, a best interest decision was made to covertly administer Mr Walker’s medication. It was important for the MDT to consult with the pharmacist. The method of crushing, smashing tablets or opening capsules which is a commonly used when covertly administering medication is an unlicensed form of administration (NMC, 2008). It can inflict harm by altering the therapeutic properties which can cause adverse reactions and fatalities. When using this unlicensed method of administration, the practitioner is also unable to establish whether the patient has received the prescribed amount. If the patient is not receiving the correct dosage required for his treatment, the treatment is ineffective (Wong et al,2005). The pharmacist should therefore be consulted with. However, as demonstrated by the McDonald et al,(2004) study pharmacists are rarely consulted with. In the study, 60% of nurses working in UK care homes admitted to crushing tablets on each drug round to help patients with swallowing difficulties without firstly consulting with a pharmacist. Fortunately, in Mr Walker’s case, the pharmacist was able to provide guidance on the most appropriate method of administration. Following on, in such cases where the patient is  proven to lack capacity to consent to medical treatment, the Mental Capacity Act promotes the use of ‘best interest decisions’. In Mr Walker’s case, the MDT reached a ‘best interest’ decision to covertly administer his medication. However, there are some problems associated with the practice of relying on ‘best interest decisions.’ Baldwin and Hughes (2006), highlight the numerous problems associated with making best i nterest decisions. In their empirical study, Baldwin and Hughes found that practitioners and relatives often evaluate a patient’s quality of life differently. The results showed the poor performance of relatives and practitioners at predicting patients’ medical treatment preferences. Differences in cultural backgrounds, professional experiences, values and beliefs mean that decisions made may actually go against what the patient would have wanted. The failure to consider the patient’s values and believes was found to be a common occurrence in the Dickens et al,(2007) study. In this study, 18% of the nursing staff interviewed admitted that they would be willing to covertly administer medication to even those patients with capacity to consent, regardless of their values and beliefs, if the treatment was essential for their well-being. The legal framework in the UK was indeed established with the aim of safeguarding the welfare of the incapacitated person. However, with such results, it remains unclear the extent to which health-care professionals are actually adhering to the legal requirements. The Mental Health Foundation(2012) argues that the MCA, â€Å"needs revising to enable more effective ‘best interests decisions’ by health and social care staff.† In its investigation, the Mental Health foundation found that although a large number of health-care staff found the MCA to be an effective tool in ba lancing the ethical principle of autonomy and safeguarding patients lacking capacity, 63% of health-care practitioners felt the definition of mental capacity was not made clear, with many expressing the view that the legal framework does not â€Å"encompass the complexity of capacity assessments in practice† (MHF, 2012). The Griffith (2008) study and the Roy et al. (2011) further found that due to this lack of understanding, a large number of mental-health patients were wrongly assessed as lacking capacity, depriving them of their personal rights. These results suggest that health-care professionals perhaps require further training and education about the legality and practicalities of covert  medication. When used without the correct legal safeguards in place, covert medication undoubtedly becomes an extremely paternalistic unlawful and unethical practice. Following the anonymous ‘best interest’ decision to covertly administer Mr Walker’s medication. The decision making process was clearly documented; the mental capacity assessment, the best interest decision, method of administration (stating explicitly that the least restrictive method will be used) were all documented in Mr Walker’s care-plan and medication-chart. Accurate documentation and record keeping is essential as it safeguards service users’ human rights and ensures that health care professionals follow the legal framework as well as local policies and guidelines. Article 6 of the HRA, ‘right to a fair and public hearing’, also requires clinical records to be comprehensible, clear and concise so that they can be referred to if needed in a fair and public hearing. Following the MDT meeting, Mr Walker’s care plan was frequently discussed and reviewed by the MDT in monthly formal review meetings in compliance with local policies and guidelines. NICE (2013) guidelines state that it is important to frequently review covert medication decisions. Each individual is different and an individual’s mental state and capacity can change over time. By carrying out the monthly formal review meetings, the practitioners safeguard their client’s rights by ensuring that covert medication is still the most appropriate, lawful and ethical method of administration. In conclusion, the nurses of today certainly practice in a complex health care system. It is thus essential for nurses to have a good understanding of the ethical principles which underpin good nursing practice. In the nursing literature, nurses are often described as the â€Å"moral agents† of the health-care system (Sellman,2011). This means that nurses should value ethical reasoning; acting in such a way which balances good intentions against risk and the best outcome. Through good ethical reasoning nurses are able to promote patient comfort, patient’s safety, ease suffering, and promote patient welfare to enhance recovery. The covert administration of medication should therefore not be an isolated decision, it should comply with the legislation, ethical principles, local policies and guidelines. Bibliography The National Institute for Clinical Excellence, (2014). Managing medicines in care homes. [online] NICE. Available at: http://www.nice.org.uk/media/B5F/28/ManagingMedicinesInCareHomesFullGuideline.pdf [Accessed 17 Apr. 2014]. Beckwith, S. and Franklin, P. (2011). Oxford handbook of prescribing for nurses and allied health professionals. 1st ed. Oxford: Oxford University Press. Breden, T. and Vollmann, J. (2004). The cognitive based approach of capacity assessment in psychiatry: A philosophical critique of the MacCAT-T. Health Care Analysis, 12(4), pp.273–283. Bretl, A. (2008). Patient safety rounds. 1st ed. Oak Brook, Ill.: Joint Commission on Accreditation of Healthcare Organizations. Nursing and Midwifery Council, (2010). The Code. [online] NMC. Available at: http://www.nmc-uk.org/Documents/Standards/nmcTheCodeStandardsofConductPerformanceAndEthicsForNursesAnd- Midwives_LargePrintVersion.PDF [Accessed 16 Apr. 2014]. Dickens, G., Stubbs, J. and Haw, C. (2007). Administering medication to older mental health patients. Nursing times, 103(15), pp.30-31.Engedal, K. and Kirkevold, O (2005). Concealment of drugs in food and beverages in nursing homes: cross sectional study. BMJ, 330(7481), p.20.Equality Human Rights (2012). Article 3: Freedom from torture and inhumane and degrading treatment or punishment. [online] Available at: http://www.equalityhumanrights.com/uploaded_files/humanrights/hrr_article_3.pdf [Accessed 12 Apr. 2014]. Gibbs, G. (1988). Learning by doing. 1st ed. [London]: FEU. Griffith, R. and Tengnah, C. (2008). Mental Capacity Act 2005: assessing decision-making capacity 2. British journal of community nursing, 13(6), pp.284-293.Harris, N., Baker, J. and Gray, R. (2009). Medicines management in mental health care. 1st ed. Chichester, U.K.: Wiley-Blackwell. Hughes, J. and Baldwin, C. (2006). Ethical issues in dementia care. 1st ed. London: Jessica Kingsley Publishers. Husted, J. and Hust ed, G. (2008). Ethical decision making in nursing and health care. 1st ed. New York: Springer Pub. Co.Koch, S., Gloth, F. and Nay, R. (2010). Medication management in older adults. 1st ed. Totowa, N.J.: Humana. Latha, K. (2010). The noncompliant patient in psychiatry: The case for and against covert/surreptitious medication. Mens sana monographs, 8(1), p.96. Lawson, L. and Peate, I. (2009). Essential nursing care. 1st ed. Chichester, West Sussex, UK: Wiley-Blackwell. Leino-Kilpi, H. (2000). Patient’s autonomy, privacy, and informed consent. 1st ed. Amsterdam: IOS Press. Macdonald, A., Roberts, A. and Carpenter, I. (2004). De facto imprisonment and covert medication use in general nursing homes for older people in South East England. Ageing clinical and experimental research,16(4), pp.326-330. Masters, K. (2005). Role development in professional nursing practice. 1st ed. Sudbury, Mass.: Jones and Bartlett. Mental Health Foundation, MCA Code of Practice needs revising to enable more effective best interests decisions to be made. (2012). MHF News Archieve, [online] p.1. Available at: http://www.mentalhealth.org.uk/our-news/news-archive/2012/12-01-31/ [Accessed 12 May. 2014]. Nixon, V. (2013). Professional practice in paramedic, emergency and urgent care. 1st ed. Chichester, West Sussex: Wiley-Blackwell. NMC, (2008). Standards for medicines management. [online] Available at: http://www.nmc-uk.org/Documents/NMC-Publications/NMC-Standards-for-medicines-management.pdf [Accessed 16 Apr. 2014]. Palmer, B., Nayak, G., Dunn, L., Appelbaum, P. and Jeste, D. (2002). Treatment-related decision-making capacity in middle-aged and older patients with psychosis: a preliminary study using the MacCAT-T and HCAT.The American journal of geriatric psychiatry, 10(2), pp.207-211. Pritchard, J. (2009). Good practice in the law and safeguarding adults. 1st ed. London: Jessica Kingsley Publishers. Rothschild, A. (2009). Clinical manual for diagnosis and treatment of psychotic depression. 1st ed. Washington, DC: American Psychiatric Pub. Roy, A., Jain, S., Roy, A., Ward, F., Richings, C., Martin, M. and Roy, M. (2011). Improving recording of capacity to consent and explanation of medication side effects in a psychiatric service for people with learning disability: audit findings. Journal of Intellectual Disabilities, 15(2), pp.85-92.Sellman, D. (2011). What makes a good nurse. 1st ed. London: Jessica Kingsley Publishers. Stoppe, G. (2008). Competence assessment in dementia. 1st ed. Wie n: Springer. Sturman, E. (2005). The capacity to consent to treatment and research: a review of standardized assessment tools. Clinical psychology review, 25(7), pp.954-974. Treloar, A., Beats, B. and Philpot, M. (2000). A pill in the sandwich: covert medication in food and drink.Journal of the Royal Society of Medicine, 93(8), pp.408-411. Treloar, A., Beats, B. and Philpot, M. (2000). A pill in the sandwich: covert medication in food and drink.Journal of the Royal Society of Medicine, 93(8), pp.408-411. Wheeler, K. (2008). Psychotherapy for the advanced practice psychiatric nurse. 1st ed. St. Louis, Mo.: Mosby Elsevier. Wong, J., Poon, Y. and Hui, E. (2005). I can put the medicine in his soup, Doctor!. Journal of medical ethics,31(5), pp.262-265.