Topic American History- Winthrop, Hutchinson Political Morality In We

topic: American History- Winthrop, Hutchinson Political Morality In Webster's dictionary, morality is defined as "principles of right and wrong in conduct; ethics." The principles of morality have countless times evolved over the ages. In earlier times, death was an easy penalty for many crimes. These crimes today are considered minor and are penalized with a slap on the hand. Is this considered wrong? Who is the correct authority to consult on what is right or wrong? In today's society, two major factors concern how the way members of society act and behave. The first is our national government. Members of our government in positions of authority decide everything in our lives in the form of laws which determine our behavior. One of the most important documents written by our government is the Declaration of Independence. The monarchy was taking away power from the colonists and putting more demands on. In return, the colonists declared their fr eedom from their tyrant. In this document, it states, "All men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness." The great men who wrote this down had a strong sense of morals. They believed that men were given rights by God that no one could take away. This is essential to the issue of morality because it determines the rights- that are agreed upon all- are wrong. This brings us to religion. Religion is a major contributor to how we think and act because it mirrors our beliefs in what we hold as right or wrong. An example of this is the native tribes of africa and South America where a number of tribes practice cannibalism. While this is considered a sin in most christian religions, the tribes have evolved into cannibalism as a way to survive in life and have no objections to their eating habits. The problem arises when the line between government and reli gion is crossed. While religion does not have to power to punish one physically, but rather soulfully of one has sinned. The government has the power to sentence punishment, yet should have no power concerning God. Many different religions have evolved all over the world and in the process, have people have been prosecuted in their faith. The first settlers in the new world came here to avoid prosecution from the powerful church/government of that time. Specifically, the Church of England headed by the king. Puritan leaders led their followers to a place where they could express their religion with no fear of other faiths. One such leader was John Winthrop. John Winthrop was a powerful Puritan governor in the colony of Massachusetts Bay. He believed that this was a calling from God for him to lead the new religious experiment-a covenant with God to built a model for mankind. "We shall be a city upon the hill." declared Winthrop. As governor Winthrop held cons iderable power. He distrusted the commoners and thought democracy was the "meanest and worst" forms of government. Anyone who brought trouble or had indifferent thought were severely punished to "save their soul." As one of his extensions of his powers he banished Roger Williams, a popular Salem minister with radical ideas and an unrestrained tongue, and Mistress Anne Hutchinson, A strong willed women who challenged the authority of the clergy by stating the truly saved need not bother to obey the laws of God or man. Several problems arise throughout this banishment. I am for a democratic society in which one can express his or her thoughts without the fear of prosecution. They did not have the luxury of this. The need for the expressment of ideas is essential for a growing environment. If no growth is made, then expansion of the community is halted to a standstill. The limit of new idea's must have a point, though. In recent news, the Unabomber has issued a ulti manium with his manuscript. In the past, such a request would have been rediculous. In his manuscript he expresses his view on the evils of technology. While a citizen is entitled to free speech and press, threatening murder is not such an option.

Beach Burial Kenneth Slessor Essays

Beach Burial Kenneth Slessor Essays Beach Burial Kenneth Slessor Paper Beach Burial Kenneth Slessor Paper Beach Burial – Kenneth Slessor 1944 Kenneth Slessor, author of Beach Burial, was the Australian Official Correspondent in El Alamein, the Middle East during WWII. The author drew from his own experiences to write Beach Burial, a poem about the aftermath of a battle during WWII. It is a realistic and somber tribute to soldiers of all nations that died in the war. It illustrates how they are all united by one common enemy; death. It breaks the conventional war poem structure, as it is not a celebration of heroes, and shows no nationalistic or patriotic devotion. Instead, Kenneth Slessor has written about how soldiers lose their identity in war. He has chosen to start the poem lulling the readers into a false sense of calm, and by understating the calamity, we slowly realize he is talking about the dead soldiers, whether it be allies or enemies, being united. In Beach Burial, the author stresses the importance of all the soldiers being one, with them losing their identity during war, and them being joined together after death. The convoys of dead sailors come imply a repetitiveness and routine in the deaths, where he has dehumanizing them through the blunt language. The breath of wet season has washed their inscriptions/As blue as browned mens lips,. Through his descriptive language and simile, he has illustrated the soldiers washed away, and that their tombstones have no writing on them anymore, making them anonymous. Whether as enemies they fought,/Or fought with us, or neither; the sand joins them together, demonstrates that the men buried in the sands are not only anonymous but are joined together by the sand, whether they were friends or foes. Unknown seaman the ghostly pencil wavers and fades gives anonymity, and the word ghostly echoes the deaths. It shows that the pencil is indelible, and that although their bodies will decay, they wont be forgotten because they shall live on through the writing. Slessor utilizes a variety of literary devices and techniques to create a subdued tone. Long, slow, soft sounds (softly, humbly, convoys, sway, wander, rolls, foam) create a melancholy and passive tone. Sibilance in the next stanza of sob, someone and seem supports this ambience, as well as the alliteration of soft sounds and internal rhyme of the words shallows and burrows. The rhyme structure (ABCB) and the use of enjambment create a free flowing poem that suggests that it is very natural, similar to the sea. Phrases like sway and wander and wavers and fades also recreate the waves of the sea, setting the scene of the battleground. The author has incorporated a variety of symbols and imagery to add depth to the poem, writing a more thoughtful tribute. There is irony in the title Beach Burial as the beach is usually associated with fun and enjoyable memories, not devastating ones. The word nakedness in And tread the sand upon their nakedness; depicts the soldiers as being exposed to the elements and therefore vulnerable. And each cross, the driven stake of tidewood. The cross is a symbol of Christs suffering and pain of war, and the stake represents destruction and evil. Purple drips signifies royalty, suggesting that these men should be treated like kings after the service theyve put into their country. Kenneth Slessor has produced a solemn and sincere poem to soldiers that died at war during WWII. He has conveyed the unity between soldiers of all nations through literary devices and techniques.

Overview of Toltec Gods and Religion

Overview of Toltec Gods and Religion The Ancient Toltec civilization dominated Central Mexico during the post-classic period, from approximately 900-1150 A.D. from their home in the city of Tollan (Tula). They had a rich religious life and the apogee of their civilization is marked by the spread of the cult of Quetzalcoatl, the Feathered Serpent. Toltec society was dominated by warrior cults and they practiced human sacrifice as a means of gaining favor with their gods. The Toltec Civilization The Toltecs were a major Mesoamerican culture who rose to prominence after the fall of Teotihuacn in approximately 750 A.D. Even before Teotihuacan fell, Chichimec tribes in central Mexico and the remnants of the mighty Teotihuacan civilization had begun coalescing into the city of Tula. There they founded a powerful civilization which would eventually extend from the Atlantic to the Pacific through networks of trade, vassal states, and war. Their influence reached as far as the Yucatan Peninsula, where the descendants of the ancient Maya civilization emulated Tula art and religion. The Toltecs were a warlike society ruled by priest-kings. By 1150, their civilization went into decline and Tula was eventually destroyed and abandoned. The Mexica (Aztec) culture considered ancient Tollan (Tula) the high point of civilization and claimed to be descendants of the mighty Toltec kings. Religious Life at Tula Toltec society was highly militaristic, with religion playing an equal or secondary role to the military. In this, it was similar to the later Aztec culture. Still, religion was extremely important to the Toltecs. The kings and rulers of the Toltecs often served as priests of Tlaloc as well, erasing the line between civil and religious rule. Most of the buildings in the center of Tula had religious functions. The Sacred Precinct of Tula Religion and gods were important to the Toltecs. Their mighty city of Tula is dominated by the sacred precinct, a compound of pyramids, temples, ball courts, and other structures around an airy plaza. Pyramid C: The largest pyramid at Tula, Pyramid C has not been completely excavated and was extensively looted even before the Spanish arrived. It shares certain characteristics with the Pyramid of the Moon at Teotihuacan, including its east-west orientation. It was once covered with relief panels like Pyramid B, but most of these were looted or destroyed. The little evidence that remains suggests that Pyramid C might have been dedicated to Quetzalcoatl. Pyramid B: located at a right angle across the plaza from the larger Pyramid C, Pyramid B is home to the four tall warrior statues for which the site of Tula is so famous. Four smaller pillars contain relief sculptures of gods and Toltec kings. A carving on the temple is thought by some archaeologists to represent Quetzalcoatl in his aspect as Tlahuizcalpantecuhtli, the warlike god of the morning star. Archaeologist Robert Cobean believes that Pyramid B was a private religious sanctuary for the ruling dynasty. The Ball Courts: There are at least three Ball courts at Tula. Two of them are strategically located: Ballcourt One is aligned to Pyramid B on the other side of the main plaza, and the larger Ballcourt Two makes up the western edge of the sacred precinct. The Mesoamerican ball game had important symbolic and religious meaning for the Toltecs and other ancient Mesoamerican cultures. Other Religious Structures in the Sacred Precinct: In addition to the pyramids and ball courts, there are other structures in Tula which had religious significance. The so-called Burned Palace, once thought to be where the royal family lived, is now believed to have served a more religious purpose. The Palace of Quetzalcoatl, situated between the two major pyramids, was also once thought to be residential but is now believed to have been a temple of sorts, possibly for the royal family. There is a small altar in the middle of the main plaza as well as the remains of a tzompantli, or skull rack for the heads of sacrificial victims. The Toltecs and Human Sacrifice Ample evidence at Tula shows that the Toltecs were dedicated practitioners of human sacrifice. On the western side of the main plaza, there is a tzompantli, or skull rack. It is not far from Ballcourt Two (which is probably not a coincidence). The heads and skulls of sacrificed victims were placed here for display. It is one of the earliest known tzompantlis, and probably the one that the Aztecs would later model theirs upon. Inside the Burned Palace, three Chac Mool statues were found: these reclining figures hold bowls where human hearts were placed. Pieces of another Chac Mool were found near Pyramid C, and historians believe that a Chac Mool statue probably was placed on top of the small altar in the center of the main plaza. There are depictions at Tula of several cuauhxicalli, or large eagle vessels which were used to hold human sacrifices. The historical record agrees with the archaeology: post-conquest sources recounting Aztec legends of Tollan claim that Ce Atl Topiltzà ­n, the legendary founder of Tula, was forced to leave because the followers of Tezcatlipoca wanted him to increase the number of human sacrifices. The Gods of the Toltecs The ancient Toltec civilization had many gods, chief among them Quetzalcoatl, Tezcatlipoca, and Tlaloc. Quetzalcoatl was the most important of these, and representations of his abound at Tula. During the apogee of the Toltec civilization, the cult of Quetzalcoatl spread throughout Mesoamerica. It even reached as far as the ancestral lands of the Maya, where similarities between Tula and Chichen Itza include the majestic Temple to Kukulcn, the Maya word for Quetzalcoatl. At major sites contemporary with Tula, such as El Tajin and Xochicalco, there are important temples dedicated to the Feathered Serpent. The mythical founder of the Toltec civilization, Ce Atl Topiltzà ­n Quetzalcoatl, may have been a real person who was later deified into Quetzalcoatl. Tlaloc, the rain god, was worshiped at Teotihuacan. As the successors of the great Teotihuacan culture, it is no surprise that the Toltecs venerated Tlaloc as well. A warrior statue dressed in Tlaloc garb was discovered at Tula, indicating the probable presence of a Tlaloc warrior cult there. Tezcatlipoca, the Smoking Mirror, was considered a sort of brother god to Quetzalcoatl, and some surviving legends from the Toltec culture include both of them. There is only one representation of Tezcatlipoca at Tula, on one of the columns atop Pyramid B, but the site was heavily looted even before the arrival of the Spanish and other carvings and images may have been carried off long ago. There are depictions of other gods at Tula, including Xochiquetzal and Centeotl, but their worship was clearly less widespread than that of Tlaloc, Quetzalcoatl, and Tezcatlipoca. New Age Toltec Beliefs Some practitioners of New Age Spiritualism have adopted the term Toltec to refer to their beliefs. Chief among them is the writer Miguel Angel Ruiz, whose 1997 book has sold millions of copies. Very loosely stated, this new Toltec spiritual belief system focuses on the self and ones relationship to things one cannot change. This modern spirituality has little or nothing to do with religion from the ancient Toltec civilization and should not be confused with it. Sources Charles River Editors. The History and Culture of the Toltec. Lexington: Charles River Editors, 2014. Cobean, Robert H., Elizabeth Jimà ©nez Garcà ­a and Alba Guadalupe Mastache. Tula. Mexico: Fondo de Cultura Economica, 2012. Coe, Michael D, and Rex Koontz. 6th Edition. New York: Thames and Hudson, 2008 Davies, Nigel. The Toltecs: Until the Fall of Tula. Norman: the University of Oklahoma Press, 1987. Gamboa Cabezas, Luis Manuel. El Palacio Quemado, Tula: Seis Decadas de Investigaciones. Arqueologia Mexicana XV-85 (May-June 2007). 43-47

Conceptual Map Essay Example | Topics and Well Written Essays - 500 words

Conceptual Map - Essay Example are business, system for reporting purposes, system for healthcare business intelligence for example data marts, data warehouses and online analytical processing (OLAP ) systems. Quality data collection enhances the quality of services offered as measured by a focus on patients’ needs, speed of response to enquiries and problems and accuracy of information. It also enhances quality of information as measured by timeliness, accuracy, accessibility, completeness, relatability, uniqueness and validity. Approaches for incorporating data quality into CRMs data warehouse include defining data quality expectations and metrics, which can be done by the use of metadata or data quality metrics, indentifying poor data and its limitations, assessing data quality limitation and improving data quality through human experts or state-of-the-art tools. Data integration is essential for unified view of the patients. It also allows combination o information on patients’ products and better understanding of patients’ needs and its findings are useful in planning, marketing and sales efforts. Data integration tools include statistical modeling, campaign management and data mining. All these lead to improved data quality and subsequently lead to improved results, reduced cost and informed healthcare decisions. They also improve patients’ acquisition and retention, enhance customer services, increase patients’ loyalty and preference and maximize the lifetime value of each patient. Alshawi, S. et al. (2003). Healthcare information management: the integration of patients’ data. Retrieved, February 26, 2009 from

Private Language in The Philosophy of Wittgenstein Essay

Private Language in The Philosophy of Wittgenstein - Essay Example In the Tractatus Wittgenstein argued that there is much deeper connection between words and the world than that the mere notion that words stand for things. Wittgenstein saw a structural similarity between language and the world, so that the structure of reality could actually be read off the structure of language. The notion of correspondence, with its attendant conception of meaning as static, was abandoned in the later philosophy. In the Preface to his Philosophical Investigations, Wittgenstein (1953) writes, "For since beginning to occupy myself with philosophy again, sixteen years ago, I have been forced to recognize grave mistakes in what I wrote in that first book" (p.vi). What Wittgenstein came to recognize was that it is ill conceived to think that words always have fixed meanings. Rather, meaning is dynamic in the sense that it can only be determined by the interpretation that language users give it as they use it. In section 43 of Investigations, he tells us, "For a large class of cases— though not for all—in which we employ the word meaning it can be defined thus: the meaning of a word is its use in the language." The idea of meaning as use is the principle idea advanced in the Investigations. Searle (1998) points out that whereas Wittgensteins earlier philosophy revolves around the metaphor of language as a picture, his later philosophy revolves around the metaphor of language as a tool. The difference between the two metaphors is crucial. When Wittgenstein said that words are like pictures, he was operating on the assumption that words, like pictures, represent. When Wittgenstein said that words are like tools, he was trying to stress that words, like tools, can be used in many different ways and for many different purposes. Wittgensteins contention that in most cases, the meaning of a word is its use suggests that the same word could mean different things at different times

Nature of Linguistic Sign by Ferdinand de Saussure Essay Example for Free

Nature of Linguistic Sign by Ferdinand de Saussure Essay 1. Sign, Signified Signifier Some people regard language, when reduced to its elements as a naming-process onlya list of words, each corresponding to the thing that it names. For example: operationan assumption that is anything but true. But this rather naive approach can bring us near the truth by showing us that the linguistic unit is a double entity, one formed by the associating of two terms. We This conception is open to criticism at several points. It assumes that ready-made ideas exist before words; it does not tell us whether a name is vocal or psychological in nature (arbor, for instance, can be considered from either viewpoint); finally, it lets us assume that the linking of a name and a thing is a very simple have seen in considering the speaking-circuit that both terms involved in the linguistic sign are psychological and are united in the brain by an associative bond. This point must be emphasized. The linguistic sign unites, not a thing and a name, but a concept and a sound-image. The latter is not the material sound, a purely thing, but the psychological imprint of the sound, the impression that it makes on our senses. The sound-image is sensory, and if I happen to call it â€Å"material,† it is only in that sense, and by way of opposing it to the other term of the association, the concept, which is generally more abstract. The psychological character of our sound-images becomes apparent when we observe our own speech. Without moving our lips or tongue, we can talk to ourselves or recite mentally a selection of verse. Because we regard the words of our language as sound-images, we must avoid speaking of the â€Å"phonemes† that make up the words. This term, which suggests vocal activity, is applicable to the spoken word only, to the realization of the inner image in discourse. We can avoid that misunderstanding by speaking of the sounds and syllables of a word provided we remember that the names refer to the sound-image. The linguistic sign is then a two-sided psychological entity that can be represented by the drawing: The two elements are intimately united, and each recalls the other. Whether we try to find the meaning of the Latin word arbor or the word that Latin uses to designate the concept â€Å"tree,† it is clear that only the associations sanctioned by that languageappear to us to conform to reality, and we disregard whatever others might be imagined. Our definition of the linguistic sign poses an important question of terminology. I call the combination of a concept and a sound-image a sign, but in current usage the term generally designates only a sound-image, a word, for example (arbor, etc.). One tends to forget that arbor is called a sign only because it carries the concept â€Å"tree,† with the result that the idea of the sensory part implies the idea of the whole. Ambiguity would disappear if the three notions involved here were designated by three names, each suggesting and opposing the others. I propose to retain the word sign [signe] to designate the whole and to replace concept and sound-image respectively by signified [signifià ©] and signifier [signifiant]; the last two terms have the advantage of indicating the opposition that separates them from each other and from the whole of which they are parts. As regards sign, if I am satisfied with it, this is simply because I do not know of any word to replace it, the ordinary language suggesting no other. The linguistic sign, as defined, has two primordial characteristics. In enunciating them I am also positing the basic principles of any study of this type. 2. Principle I: the Arbitrary Nature of the Sign The bond between the signifier and the signified is arbitrary. Since I mean by sign the whole that results from the associating of the signifier with the signified, I can simply say: the linguistic sign is arbitrary. The idea of â€Å"sister† is not linked by any inner relationship to the succession of sounds s-ïÆ'Ëœ-r which serves as its signifier in French; that it could be represented equally by just any other sequence is proved by differences among languages and by the very existence of different languages: the signifiedâ€Å"ox† has as its signifier b-ïÆ'Ëœ-f on one side of the border and o-k-s (Ochs) on the other. No one disputes the principle of the arbitrary nature of the sign, but it is often easier to discover a truth than to assign to it its proper place. Principle I dominates all the linguistics of language; its consequences are numberless. It is true that not all of them are equally obvious at first glance; only after many detours does one discover them, and with them the primordial importance of the principle. One remark in passing: when semiology becomes organized as a science, the question will arise whether or not it properly includes modes of expression based on completely natural signs, such as pantomime. Supposing that the new science welcomes them, its main concern will still be the whole group of systems grounded on the arbitrariness of the sign. In fact, every means of expression used in society is based in principle on collective behavior orwhat amounts to the same thingon convention. Polite formulas, for instance, though often imbued with a certain natural expressiveness (as in the case of a Chinese who greets his emperor by bowing down to the ground nine times), are nonetheless fixed by rule; it is this rule and not the intrinsic value of the gestures that obliges one to use them. Signs that are wholly arbitrary realize better than the others the ideal of the semiological process; that is why language, the most complex and universal of all systems of expression, is also the most characteristic; in this sense linguistics can become the master-pattern for all branches of semiology although language is only one particular semiological system. The word symbol has been used to designate the linguistic sign, or more specifically, what is here called the signifier. Principle I in particular weighs against the use of this term. One characteristic of the symbol is that it is never wholly arbitrary; it is not empty, for there is the rudiment of a natural bond between the signifier and the signified. The symbol of justice, a pair of scales, could not be replaced by just any other symbol, such as a chariot. The word arbitrary also calls for comment. The term should not imply that the choice of the signifier is left entirely to the speaker (we shall see below that the individual does not have the power to change a sign in any way once it has become established in the linguistic community); I mean that it is unmotivated, i.e. arbitrary in that it actually has no natural connection with the signified. 3. Principle II: the Linear Nature of the Signifier The signifier, being auditory, is unfolded solely in time from which it gets the following characteristics: (a) it represents a span, and (b) the span is measurable in a single dimension; it is a line. While Principle II is obvious, apparently linguists have always neglected to state it, doubtless because they found it too simple; nevertheless, it is fundamental, and its consequences are incalculable. Its importance equals that of Principle I; the whole mechanism of language depends upon it. In contrast to visual signifiers (nautical signals, etc.) which can offer simultaneous groupings in several dimensions, auditory signifiers have at their command only the dimension of time. Their elements are presented in succession; they form a chain. This feature becomes readily apparent when they are represented in writing and the spatial line of graphic marks is substituted for succession in time. Sometimes the linear nature of the signifier is not obvious. When I accent a syllable, for instance, it seems that I am concentrating more than one significant element on the same point. But this is an illusion; the syllable and its accent constitute only one phonational act. There is no duality within the act but only different oppositions to what precedes and what follows.

Essay --

Most of the researchers have found that there are significant relationship between motivation and social support, within the organization and school. In organization, a study from Lin and Huang (2011) have purposed to examine the relationship between achievement motivation and training motivation. Furthermore, the study also investigated the social support of managers and colleagues as moderators for testing their effect on the relationship between two variables. In findings, the training motivation is significantly affected by achievement motivation, while the social support of managers and colleagues shows a moderating effect in organizations (Lin & Huang, 2011). In schools, Urdan and Schoenfelder (2006) have purposed an analysis article to describe and analyze the research on the contextual influences on student motivation critically, by reviewing the research from three theoretical perspectives (achievement goal theory, self-determination theory, and social-cognitive theory) and the field of social relationship with teachers and peers. In the studies of all three perspectives have emphasized the importance of providing students with a sense of ownership in learning process and the appropriate challenging academic work, will more likely to improve student motivation. Whilst, the perspectives of psychologist on social relationship have found the motivation behavior in school results from a combination of the characteristics of students and the environment. For instance, to encourage the â€Å"unmotivated† student willing participants in academic task are needed the conditions of the tasks are according to their interests, or got the opportunities to meet the social needs through the cooperation with friends or caring support from... ... the path of enrollment to the college, which due to the factors of the possible lack in adult role models and the required knowledge to assist in successful completion of college. However, the non-first generation college students are reported to have higher levels of motivation and more likely to attend college for achieving higher grade point average. Besides, the researchers also found that receiving support from family is important for the students to increase the well-being and chances of enrolling in college (Pannell and Olmos, 2012). As a whole, the studies showed the motivation will positive affected by social support, within the organization and school. In addition, the relationship between motivation and social support will impact the differences in achievement. However, the year of study and sex differences will persist as areas of concern in our study.

Lee Kum Kee

Mr.. Lee Shih Nan carries on the work of improving production procedure, while Mr.. Lee Shih Tang was responsible for sales and marketing. However, because of the disagreement in business, Lee Shih Nan buying out of Lee Shih Tang with the help of Lee Wanda, the son of Lee Shih Nan. During this period, Lee Gum Eke expanded its operation and develop import and export business to meet the increasing demands of its overseas market. And then, in 1972, Mr.. Lee Wanda was appointed Chairmen of the company.New business policies and expansion strategies were introduced, setting the direction of the company for the future. Mr.. Lee set â€Å"promoting Chinese cuisine worldwide† as the corporate vision and infuses â€Å"Is Lie Xi Rene†, which means considering others' interests, into the company. However, Lee Gum Eke faced a big problem in 1986 for the reason that Lee Wend's brother Lee Went wanted to liquidate his own share. Lee Gum Eke faced a split once again. The conflict esca lated as the time passed by, even resorting to law. Lee Gum Eke was ordered by court to suspend business for half a year.At the same time, The 4th generation of Lee family, Eddy, David, Charlie, Sammy and Elizabeth graduated from abroad and joined Lee Gum Eke in the ass. The scope and scale of Lee Gum Eke has been developed rapidly. In 1 992, Lee Gum Eke collaborated with the First Ministry Medical University and established the Infant Lee Gum Eke Health Products Co. ,Ltd. To promote traditional Chinese herbal health products. In the same time, apart from the mission of â€Å"promoting Chinese cuisine worldwide, Lee Gum Eke purr forward the mission that â€Å"modernizing traditional Chinese herbal health around the world†.Armed with a unique management culture, stringent quality control, superb and innovative products, coupled with the century-long brand reputation, Lee Gum Eke has achieved unanimous recognition and won numerous prestigious awards. . Family asset 2. 1 Value based leadership(culture value, family value), 2. 1. 1 core value From 1972-1992, after the third generation Lie Wanda took charge of the company, Lee Gum Eke substantiates its core value of â€Å"considering others' interests† in every aspect of its business operations. It was built upon the principles of â€Å"pragmatism, integrity and constant entrepreneurship†.Besides its core value and principles, the company also put forward two missions -â€Å"promoting Chinese cuisine worldwide† and â€Å"modernizing traditional Chinese herbal health around the world†. This value reflects the corporate social accessibility . When pursuing the interests of their own, enterprises should also consider others interest, and then benefit the society. It conforms the long-term management goal of company. 2. 1. 2 Family First Lee Gum Eke always put family in the most important position, making business as a part of family.Lie Wanda thought that family harmony is the found ation of prosperity, which reflects the traditional Chinese culture harmonious family can lead to the success of everything. 2. 1. 3 Establish family committee Lee Gum Eke Group established committee on the family, including a total of 6 people. The core members are Lie Wanda, his wife and his five children. Lie Wanda and his five children are held key position in Lee Gum Eke. The family committee is the highest authority overseeing Lee Gum See's operation.The core function of family committee is the study how to governance family, including to resolve family conflicts, construct family system, nurture the next generation and so on. The family committee do not need to discuss the enterprise management problem. A major decision should agreed by 75% Of total number and the general decision should be agreed by 50% As we can see from the graph, the score of value of Lee Gum Eke is higher than the score of most other companies in SEA and Mainland China. To explain this Phenomenon, I will list the following four reasons. . Irritate(means longevity), 2. 2. 1 History and Reputation Established in 1 888, Lee Gum Eke has become a household name as an ethnic Chinese enterprise as well as an international brand and a symbol of quality and trust. With a glorious history of 1 25 years, Lee Gum Eke has become a household name as an ethnic Chinese enterprise of quality and trust. Armed with a unique management culture, stringent quality control, upper and innovative products, and its century-long reputation, Lee Gum Eke has achieved recognition and won numerous prestigious awards. . 2. 2 Activity participate in promotional activities. In recent years, Lee Gum Eke family members frequently take part in the speech and interview activities to promote the company. Apart from that, many experts have published books intending to study on the cause of success in Lee Gum Eke family. Lee Huh Seen, one of the fourth generation member of Lee Gum Eke, published two books, which is Ã¢â‚¬Ë œthe power of considering other first† and † automatic wave model of leadership†.Automatic eave model of leadership is a kind of management mode of south Lee Gum Eke, the subsidiary company of Lee Gum Eke, aiming to continue operating cool, release unlimited potential, attract talent, consists of selection of talent, high letter atmosphere, highly efficient team. Publishing books has a very positive effect to promote the culture of company to public. As we can see from the graph, the score of heritage of Lee Gum Eke is higher explain this Phenomenon, I will list the following three reasons. 2. Connection 2. 3. Title in government department Lie Hussein: member of the CAP National Committee;Member of the Standing Committee of the Chinese people's Political Consultative Conference Committee of Loaning Province;Director of the overseas Chinese united friendship conference; Lie Hugging: Vice President Chinese Cuisine Association; Director of Chinese Institute of food s cience and technology; Director of Hong Kong Chinese manufacturers association. These titles are very special political resources for enterprise. 2. 3. 2 Close cooperation with well-known universities and government department.Besides owning a lot of titles for family members, Lee Gum Eke has also collaborated with the First Military Medical University, Hong Kong University of Science &Technology, Distinguish University and other well-known colleges as well as some government departments. This is a very good resource for company's development. 3. Roadblocks 3. 1 Family roadblocks:Possible family conflicts At present, the fourth generation successor has not yet been determined. The four sons of Lee Wanda were hold important positions in the group.Although Lee Gum Eke Group set up a family committee which is a good communication platform between family members, it cannot guarantee that after Lie Wend's death, the fourth generation won't appear the operation, because the separation app eared in the second and third generation. 3. Institutional roadblocks 3. 2. 1 Hinder by government policy Chinese government banned direct selling activities in any form in April, 1998, asking the company that has obtained authorized direct selling power like South Lee Gum Eke stop business.It has caused a great impact on profit in the market of mainland china. 3. 2. 2 More concern on food safety problem There are more and more different kinds of food safety problems appear in China in recent years. Therefore, people especially from mainland china could ay more attention in food safety problem. However, more and more companies in sauce industry received complaints from public, which disclose that there are some unqualified products circulate in market. Those companies include Haitian Group, Lee Gum Eke Group, Wang choosy Group and so on.Therefore, food companies like Lee Gum Eke should invest more money to ensure the quality of product, which will increase the cost of company. 3. Ma rket roadblocks 3. 3. 1 Fierce competition and high operational cost Lee Gum Eke has been facing fierce competition from asses to the beginning of 21st century. With the advent of some famous sauce companies like Haitian Group, the market share of Lee Gum Eke in mainland china is losing constantly. Although the market share of Lee Gum Eke in Hong Kong and America performs good, it will still hinder the development of the enterprise for the low market share in mainland china.With the intense competition, the operational cost is increasing constantly, which is another problem Lee Gum Eke should avoid. 3. 3. 2 Disputation on workers There are some labors dispute the low-level salary. To lower the cost of company and make the product more competitive, Lee Gum Eke did not increase labors salary in these years, making employee have different opinions toward the company. Because Lee Gum see's core market still has a lot of growth opportunities and the firm is pay more attention in innovati on recently, continue to expand their market overseas.Therefore, the market roadblocks is not a big problem. 4. Reactions to roadblocks 4. 1 Reactions to Market roadblocks 4. 1. 1 launched a â€Å"happy index† For the dispute from some labors, Lee Gum Eke launched a â€Å"happy index† to measure the degree of satisfaction of workers. The survey showed that Lee Gum Eke won the honor of best employer in Asian area and Mainland China. . 1. 2 Constant entrepreneurship For the fierce competition and increasing operational cost, Lee Gum Eke put forward the target â€Å"constant entrepreneurship†, which means constantly innovation.Innovate in product packaging, in market, in management method and product producing procedure. It offers over 220 varieties of sauces and condiments in over 1 00 countries and regions across the five continents nowadays after setting the target â€Å"constant entrepreneurship†. Len addition to the Lee Gum Eke Sauce Group, Lee Gum Eke Health Product Group Infinitum (China) Company Limited develops the market of Chinese rebel health products. Not satisfied with the sauce field, Lee Gum Eke expand their business to the health product field, which is also a kind of innovation.Nearly 20 years since the establishment , the South Lee Gum Eke successfully produced nearly 50 kinds of product including infinitum health food. Since the twenty-first Century, Lee Gum Eke showed a strong momentum. 4. 2 Reactions to Family roadblocks 4. 21 Established family committee and constitution enterprise management problem. A major decision should agreed by 75% of Apart from establishing family committee, Lee Gum Eke also developed he family constitution. All family members must follow the family constitution, otherwise will not be able to get its due share. 4. 2. Caring for the Community Lee Kurd Eke deliver consciousness Of caring for the community, because to measure the success of a enterprise, the most important factor is how many contributions the enterprise make to the society. For example, the founder Wang Young-aching of company Formosa Plastic Group, contributes a lot to society, by establishing the charitable foundation Change Gung Memorial Hospital and the charitable trust Change Gung. All of his son and all the hillier were deeply moved by their father, leading them work together continue to be of value to their family company.After setting the target of caring for the community, Lee Gum Eke has obtained great achievement in following part. Caring for the Community: In 2008 and 2009, the senior management and employees of Lee Gum Eke participated in the â€Å"Charity Walk to Support Look Chi Association,† the â€Å"Lifeline Express Hong Kong Foundation – Charity Run/ Walk 2009† and various activities to raise money for victims of the Is Chuan earthquake. Caring for the Employees: Lee Gum Eke promotes a â€Å"3-balance† corporate hilltop's – family, health and work; and provides free nutritious lunch and a shuttle for employees.Caring for the Environment: Lee Gum Eke implemented environmental management facilities within its plants – an integrated oil and grease removal process to the sewage treatment system; reduction of plastic usage in packaging; and deploying circulating hot water system to generate energy. 4. 3 Reactions to institutional roadblocks: In line with the spirit of â€Å"Is Lie Xi Rene which means considering others interest, Lee Gum Eke resolutely bought out of the First Military MedicalSeniority and let the First Military Medical University continue to provide scientific research for the South Lee Gum Eke without participate in any management and investment. At the same time, the South Lee Gum Eke provided a sum of money to the First Military Medical University from sales in proportion. The problem has been well settled with guidance of â€Å"Is Lie Xi Rene†. For the complaints from public, Lee Gum Eke attaches great importance to quality of product. From 2004, Lee Gum Eke has taken a series of reform measures to improve product quality and improve customer satisfaction.Lee Gum Eke conduct questionnaire survey every half a year, set up R & D center and invest huge funds to establish integrated supply chain. These strategies have ensured product quality and have improved the competitiveness Of enterprises. The results show that 2004-2007 years customer complaint rate remains below 0. 006%. 5. Recommendations for other family enterprise 5. 1 Consciously penetrate the enterprise culture to brand shaping 5. 2 Cultivate the spirit of forever the entrepreneurial and continuous improvement 5. Implement people-oriented management culture 5. 4 Starting from basic and Striving to consolidate the basis of a hundred ears enterprise Family sustainability score 6. Conclusion â€Å"Lee Gum Eke† is not just an isolated brand, but a true to life, ups and downs of the family business 100 years of str uggle history. Let's not easy for any business concern to survive and remain strong for over a century. It is even more inconceivable for Lee Gum Eke, which began as a humble family operation, to grow into the renowned family enterprise that it is over a period Of 125 years.By studying Lee Gum Eke, I have learned a lot for the enterprise's core value â€Å"considering others interest first' , the target â€Å"constant entrepreneurship† and customer focused approach in developing business. By introducing family business map, we naturally come to the conclusion that Lee Gum Eke will continue put the family ownership and family management strategy in the foreseeable future. 6. 1 family ownership Concentrated ownership enables the controlling owner to effectively control the firm and to be held responsible for his decisions (Lucian, 1965; Jensen and Neckline, 1976).However, diffused ownership has benefits too. Selling ownership shares to investors facilitates financing and firm growth (Demesne, 1967). As we can see from the chart. The company Lee Gum Eke has a very high score of family value. Therefore, concentrated ownership can enable family members make their decision effectively. 6. 2 family management In principle, firm decision rights should be given to the person who maximizes the productivity of firm assets (Grossman and Hart, 1986; Jensen and Neckline, 1992).Founding family members have specialized abilities to preserve and share these intangibles because of life-long interactions and family governance mechanisms that are not available to non-family members. We call these specialized intangibles family assets. From the chart we can see that the roadblock of Lee Gum Eke is lower than most of companies located in SEA and Mainland China. Therefore, choosing family management can maximize the profit of company because of the intangible family assets can show to others.

Family Effects on Criminal Behavior Essay

It is rare for a person to see someone, who comes from a â€Å"good† family per say, to get into criminal behavior but it does happen. These people are brought up in this world with high standards and at some point they just can’t take it. They’re brought up with high expectations on them so when they can’t be met they find a way to cope. They turn to things, such as drug abuse, to make it through their situations. Others are just anti-social so they don’t know another way out but to turn to something that will accept them. Family has a major effect on what they’ll do. If they expect them how they are flaws and all they’re more likely to stay away from criminal behavior. But if they expect nothing but perfection and then are shunned on for not meeting those standards, they find a way to cope. They turn to things that you wouldn’t expect them to do. They’re brought up to high expectations. Then there’s people who aren’t brought up in a â€Å"good family† and don’t turn to the criminal behavior. These people are doing it for themselves. They saw what it was like to come from a â€Å"poor family† and don’t want to be that way the rest of their lives. They know what it’s like to live without the things they need and they want better for their future. They aren’t held to meet high expectations so any type of accomplishment they met is highly looked upon. But then there is the person who was brought up in a â€Å"good family† and isn’t looked upon as doing something so amazing. They just break at some point. But the ones who don’t come from a â€Å"good† family are given praise. People that come from a â€Å"good† family have more pressure on them to be a better person. They have high family values to meet. In Agnew’s Sources of Strain and Their Consequences it states one of the sources of strain is failure to achieve goals and one of the negative affective states could be anger or frustration. So then they turn to drug abuse or violence. But in some cases it’s not the family who has the effect on them. Because in the social learning theory it states that, people act aggressively because, as children, they modeled after the violent acts of adults. So when people are brought up in this world with those role models they try to be just like them. So a person’s acts aren’t only affected by their family. But their family does have a great deal on how they’ll be in the future. Though it is more likely for people that come from a disadvantaged family to turn to crime, there are always exceptions to everything. People can come from a good family and still turn to crime. They find a way to be individual, to stand out from the rest of the family. They want to have their own individuality and be paid attention to and if crime is the only way they are seen, the crime is what they will turn to. As for people who come from a poor family they may want to be able to give back to their family what they couldn’t be given. They strive to be different and stand out from the rest of their family. They too are looking for individuality.

Free Essays on The Relevance Of Sustainability Within The Context Of Tourism Management And Development

There are a few definitions of sustainability within the context of tourism. One definition is tourism â€Å"development which involves the use of renewable natural resources in a way which does not degrade them† France (1997, P10). For instance a travel organisation may use a great deal of paper to advertise their company, if they considered the above definition, perhaps they could try to use recycled paper in the future in order to not degrade a renewable natural resource. Another definition of sustainability that is relevant to tourism is that â€Å"while tourism can build understanding, tourism managed poorly can ruin a place. Yet if handled well, tourism provides an incentive to preserve the best things a destination has to offer: wildlife habitats, historic districts, great scenery, even a style of music or a unique local cuisine† National Geographic Online, (2003). For instance if a businessman decided that a fragile environment with magnificent scenery would make an excellent destination area for tourists, then instead of managing it mass tourism style he should try and adopt a more sustainable approach, in order to try and reach the goals outlined in the above definition There are obviously positive and negative affects of tourism operations and activities on a destination area. An obvious positive example would be ecotourism in a destination area. If mass tourism with little regard to the environment occurred, wildlife could be greatly affected. In Australia there is a government program called Land for Wildlife that â€Å"aims to encourage private landowners to provide habitat for wildlife, while continuing to use the land for primary production† Buckley (2003, P98). This program would provide benefits for landowners who followed such a scheme. It would also be very relevant for someone who managed a tourism facility sustainably. Frasers Selection is a tourism destination area in Australia which is located in a rural area... Free Essays on The Relevance Of Sustainability Within The Context Of Tourism Management And Development Free Essays on The Relevance Of Sustainability Within The Context Of Tourism Management And Development There are a few definitions of sustainability within the context of tourism. One definition is tourism â€Å"development which involves the use of renewable natural resources in a way which does not degrade them† France (1997, P10). For instance a travel organisation may use a great deal of paper to advertise their company, if they considered the above definition, perhaps they could try to use recycled paper in the future in order to not degrade a renewable natural resource. Another definition of sustainability that is relevant to tourism is that â€Å"while tourism can build understanding, tourism managed poorly can ruin a place. Yet if handled well, tourism provides an incentive to preserve the best things a destination has to offer: wildlife habitats, historic districts, great scenery, even a style of music or a unique local cuisine† National Geographic Online, (2003). For instance if a businessman decided that a fragile environment with magnificent scenery would make an excellent destination area for tourists, then instead of managing it mass tourism style he should try and adopt a more sustainable approach, in order to try and reach the goals outlined in the above definition There are obviously positive and negative affects of tourism operations and activities on a destination area. An obvious positive example would be ecotourism in a destination area. If mass tourism with little regard to the environment occurred, wildlife could be greatly affected. In Australia there is a government program called Land for Wildlife that â€Å"aims to encourage private landowners to provide habitat for wildlife, while continuing to use the land for primary production† Buckley (2003, P98). This program would provide benefits for landowners who followed such a scheme. It would also be very relevant for someone who managed a tourism facility sustainably. Frasers Selection is a tourism destination area in Australia which is located in a rural area...

Arbitration in the Philippines

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF

WA 11-12 Essay Example | Topics and Well Written Essays - 750 words

WA 11-12 - Essay Example This is because, in times of crisis a firm would still need an accountant to supervise and manage the company’s cash inflow and outflow. So the job has comparatively lesser risks attached to it. Also, being an accountant one can understand the company’s financial standing and predict the future functioning of the company. So through this information they can stay well informed and make better decisions like investing in stocks and shares or not. The majority of stocks are traded on stock exchanges. Stock exchange is a medium of communication between the buyer and seller. Stock exchange can be a physical place or a virtual place where purchasers and sellers meet up and negotiate on a price of the stock. The main aim of the stock exchange is to lessen the risks linked up with investing and smooth the swap of securities between the buyer and seller. New York Stock Exchange or NYSC is one of the most renowned stock exchanges and it is also known as the â€Å"Big Board†. Huge companies in America like Mc Donalds, Coca Cola, Wal Mart, City Group, Gillette have their stocks in NYSE which has the largest market choice for the biggest firms. The orders are received through the brokerage firms and they stream down to the floor brokers who cover a precise place on the floor where the stocks are traded. This place is identified as the trading post where the person known as the specialist links the buyers and sellers. The NASDAQ is another famous stock exchange. It is a virtual stock exchange and doesn’t have any physical location. The stocks are traded electronically through a complex network of dealers. It serves as a home to the tech masters like Microsoft, Dell, Oracle, Intel, Cisco. The American Stock Exchange, AMEX is another top of the line stock exchange in the U.S and stands third in the ranking. Trading with small cap stocks and their derivatives occurs in AMEX. There