Critically appraise the contribution of Michael Power's audit Essay

Critically appraise the contribution of Michael Power's audit explosion argument to our understanding of accountability - Essay Example However the arguments go further to claim that these assumed causes need further support and research to express that the audit expansion is not a UK phenomenon (Power, 2002:183). This paper will review the basic arguments of the of The Audit Society and reconsider the causes and consequences of the audit society. Introduction Financial auditing is a statistical practice which seeks to draw conclusions from a limited inspection of documents. These documents can be written representations or budgets. More so, the inspections can be on oral testimony and direct observation. Prior to the past traditional methods of auditing in the UK, auditing began to modify by acquiring a new broader context. This was the reason because, audit began to play a new task in both the political and the economic sector. From this point, auditing became broader and a more significant tool in the society (Reuchars, 2004:76). Causes of Audit Explosion During the 1980s, the public sector institutions were chara cterized by financial constraints. Due to this factor, auditing and inspection became highly valued and important tool of change. National Audit Office and The Audit Commission became outstanding forces in government by playing an evolving and intricate constitutional role in different ways. In the late 1990s, the pressure for change increased as well as the demand for inspection and monitoring finances (Power, 2002:183). In another word audit explosion was driven by political demands on behalf of the citizens, patients, taxpayers, students and others. The reason behind this force was to provide greater accountability and transparency of service by both the public a and the private sector. The other pressure that forced the explosion of auditing was the rise of quality assurance practices and related transformations in regulatory style. Consequences of Auditing The introduction of auditing as an agency of organizational change has no measured consideration of benefits as well as pos sible dysfunctional effects. Although cost compliance has been introduced, audit and related monitoring ideas continue to be understood critically. In this respect, it is reasonable to suggest that auditing is an ideology driven for disciplining and controlling both the public and the private sector, yet it is not because auditing is not an instrument of genuine accountability. Therefore, to analyze the consequences of auditing, it is important to focus on the development of understanding auditing deeply (Powe, 2004:27). This broader understanding of auditing is the performance measures and other forms of accounting which provide an auditable front stage of an organization. The first consequence of auditing is that many performance indicators are produced but are not edited. Such facts are evident, and the UK Audit Commission is actively shaping these performance measures to enable genuine audit and inspection. However, just because a performance measure is not audited does not mean that it was not designed with potential audibility in mind. Another consequence is the growing population of auditees. This fact brings out the evidence that shows how different games of compliance creativity are played around the audit

National culture Case Study Example | Topics and Well Written Essays - 4000 words

National culture - Case Study Example However what best they can do is to find out and research the strengths and weaknesses of this area and hence upon getting the much needed knowledge, base their theories and strategies in a much more effective and efficient manner. This will help one and all to better understand what the new territory, region or country offers the business and the people associated with it. The best thing is that the benefits and disadvantages are determined even before the organization goes the global way and thus it saves itself from embarrassment which it might face without having proper knowledge and adequate research within it. The significant thing here is to get prepared and be ready for what is to come in the future as concerns to the organization that we are talking about here. Cultures like in the U.S., where organizations are experiencing increased workforce diversity are also finding work effectiveness is influenced by relationships between superiors and subordinates who have different cu ltural heritages (Ettorre 1993; Muller & Haase 1994; Watson, Kumar & Michaelsen 1993). Different cultures have different models of management and ideas of the nature of organizations (Hofstede & Hofstede, 2005). The ways and means that are usually taken care of whilst managing a business are aplenty and it is only up to the top management within a company that the same can be handled in a several different methods. They are the ones to decide as to what is the real manner in which the firm's operations would be handled as well as who will head the respective departments, lead the business strategic units and act as legal and media representatives of the said business. The business, as marketers say, exists to satisfy its target audience through fulfilling a need courtesy its products and/or services or a combination of the both, the same being true in case of a retail outlet which sells gasoline to local consumers, thus giving in petrol plus extra services in the form of window cleaning, fuel gauge checks and so on and so forth. A company or an organization needs soun d management framework at its top so that the staff and the employees working at different levels feel at ease with the job as well as the working environment. This indeed is very important as it builds long-term credibility of the organization that it cares about its employees and not just the customers and in cases profits and revenues only. A formal organization takes into account the role of leadership at the top and the manner in which this leadership is basically carried about, both in the interests of the people within the company as well as the company itself so that the end result is one on which everyone solemnly agree, that is to make the company thrive from a revenue-generating angle and image building aspect in the long run. A business does not come into its own overnight. It takes a lot of research, planning and proper execution to take it where the marketers,

Lord Of The Flies Chapter 5 Essay Example for Free

Lord Of The Flies Chapter 5 Essay The boys life has deteriorated a lot since they first arrived on the island and from the look of the situation things can only get worse unless they change their behaviour and attitude . There is a lot of conflict between Ralph and Jack, the fear of the unknown is growing, the boys are turning into savages and becoming more uncivilised by the day, rules and taboos are being disobeyed and ignored, and bullying and rivalry is becoming more of a problem. The conflict between Ralph and Jack is causing a lot of tension in the group and is therefore affecting the boys lives. It has already divided them into separate groups with different priorities as some have followed Jack and some have followed Ralph. Jack and Ralphs different priorities is the main reason for the conflict between them as they are completely opposite. Jack wants control and started of wanting to be leader but was out done by Ralph who was voted the leader. Jack is short tempered and very big headed where as Ralph is realistic, kind hearted and organised. Ralphs main priority is to be rescued and have fun have fun on the island. Their relationship is described in the book as two continents of experience and baffled in love and hate. Their personality also clash as they are completely different. Ralph is optimistic, respectful, fair, practical and naà ¯Ã‚ ¿Ã‚ ½ve, where as Jack is arrogant, boastful, power hungry, self centred, easily angered and brutal. The boys fear of the unknown is represented in different ways but is rapidly growing and could get out of hand. It started of as being a beastie, then a snake like creature, and now a beast from water or even a ghost. At first it was only the litluns that were scared of the beastie and believed it existed but now the older boys are starting to get worried and have their doubts so none of the quite knows what to believe. Even Ralph has his doubts about what the thing is and he is supposed to be leader, I dont believe in ghosts at least I dont think so. This comment from Ralph shows that he is now considering there being some type of creature on the island even though he just dismissed the idea at the beginning. Deterioration has also been caused by the boys becoming totally uncivilised and turning into savages. Although they are now looking like savages as their hair has grown, Jack is mainly responsible for them turning into savages. He was so obsessed with hunting to kill that he influenced the other boys that became his hunters. At the beginning they hunted but did not manage to kill for a ling time. Then when Jack finally did he became even more obsessed and made masks that he could hide behind while hunting, the mask was a thing on its own, behind which Jack lived. This made Jack a different person when he put on the mask, he was a killer with no taboos or responsibilities. Jacks passion for hunting also caused a major disagreement between him and Ralph because on the day a ship went by the fire was let out by boys that Jack made go hunting with him that day. Ralph said to Jack when he got back There was as ship, you let the fire out. There was a strong chance that they may have been rescued then but down to Jack they ended up eating their first pig. From successfully killing his first pig Jack felt very strong and had fulfilled his ambition so did not really care about the fire or Ralph. Rules have been completely ignored lately and systems of organisation disrespected. This has led to the boys becoming lazy and uncivilised. At one point things were going well and most things were well organised. There was toilet system worked out so there was not mess all over the island and water was being stored in coconut shells in the shade so hat it would be cool and fresh. Though now these systems have been ignored and the boys are going to the toilet anywhere on the island and no water is being stored. Ralph also tried to built shelters for them to sleep in which would have been practical but Simon was the only one that would help in the end so they could not be completed. This shows how disorganised the boys have become and disrespectful. They have no taboos and without adults they have forgotten the way they had to behave. Bullying has also become a problem that has led to a deterioration in the boys life. Jack consistently picks on Piggy and uses him as scapegoat for his own mistakes. He makes little of Piggy and by doing this he is trying to show that he has power over the boys as well as Ralph. The litluns are also being ignored and sometimes bullied by the elder boys. Although this might have happened a bit before they arrived on the island but there were still taboos that the older boys had. All these reasons have led to deterioration in the boys life. Their behaviour on the island has had consequences and meant that their lives have become less structured and disciplined and more savage like. Ralph described the situation by saying, we are all drifting and things are turning rotten. This shows us that the boys are drifting apart and could possibly separate into different groups completely which would also make their life deteriorate more.

Sin and Redemption in Dr Faustus

Sin and Redemption in Dr Faustus Marlowes play The tragic story of Doctor Faustus is an interpretations of a popular German legend, about a historical person, a man who called himself Dr. Johann Faust. Marlowe wrote a tragic story of the warlock, who sold his soul to the devil. Keeping intact all the important episodes of the legend, as set out in the translation of the German popular book about Faust, the poet has given the legend a completely different meaning.  Faust in the tragedy made by Marlow is much like his literary predecessor, but otherwise the playwright interprets three main problems in the image of Faust: the problem of choosing between good and evil, the problem of honest and unfair knowledge, and the problem of saving souls. (Hattaway 1970). Marlowe in his play gives a new perspective on sin, redemption and faith. This  play offers a new way of looking at sin, challenging traditional values of right and wrong, while during the play readers may wonder whether or not Fausts sins are truly wrong. The sin of Faustus and his reckoning for giving the soul to the devil. At the beginning of the play the author shows that Faust was disappointed in philosophy and human thoughts; medicine also was not so powerful, because it could not give people immortality; Law was full of contradictions and was nonsensical.   Couldst thou make men to live eternally, Or being dead, raise them to life again, Then this profession were to be esteemed. Even the theology was not the answer to the Faustus questions, and only the magic of the books attracted him. These metaphysics of magicians, And necromantic books are heavenly; Lines, circles, letters, characters. Ay, these are those that Faustus most desires. A sound magician is a demi-god. Here, tire my brains to get a Deity. Enter Wagner. (Marlowe , 1.1) Good Angel persuades Faust to not read the damned books full of temptations, which bring upon Faust the wrath of the Lord. Good Angel: O Faustus, lay that damned book aside, And gaze not on it least it tempt thy soul, And heap Gods heavy wrath upon thy head. Read, read the scriptures: that is blasphemy. But Evil Angel, by contrast, incites Faust to do magic and to understand all the secrets of nature: Evil Angel: Go forward, Faustus, in that famous art Wherein all natures treasure is contained. Be thou on earth as Jove is in the sky, Lord and Commander of these elements. Then comes Mephistopheles, and  Faustus wants Mephistopheles to serve him and perform all his desires, but Mephistopheles serves Lucifer only . So  Faustus decided to recognize the supreme ruler of Lucifer the lord of darkness and lord of spirits. Faustus explains that he chooses black magic because of: à ¢Ã¢â€š ¬Ã‚ ¦ a world of profit and delight, Of power, of honour, of omnipotence, [that] Is promised to the studious artisan! All things that move between the quiet poles Shall be at my command. Emperors and kings Are but obeyed in their several provinces. Nor can they raise the wind or rend the clouds. But this dominion that exceeds in this Stretcheth as far as doth the mind of man: A sound magician is a demi-god. Here tire, my brains to beget a deity. (Marlowe, 1.1.) When Faust hesitates, Good Angel tries to persuade him to leave evil magic, and return to God, but Evil angel gives him the idea of wealth and fame, and Faustus says: Wealth? Why the signory of Embden shall be mine. When Mephistophilis shall stand by me, What power can hurt me? Faustus, thou art safe. Cast no more doubts; Mephistophilis. (Marlowe, 2.1) And bring glad tidings from great Lucifer Stay, Mephistophilis, and tell me, What good will my soul do thy Lord? Good Angel advises Faustus to repent and trust in the mercy of the Lord. Evil Angel is confident that God will not take pity on such a great sinner, however, he is confident that Faust will not repent: Evil Angel: Ay, but Faustus never shall repent. Faustus: My heart is hardened; I cannot repent. Scarce can I name salvation, faith, or heaven. To entertain Faust, Mephistopheles leads Devils to give Faust crown, rich clothes and dance in front of him, and then removed.  Faust asks Mephistopheles about hell.  Mephistopheles says: Hell hath no limits, nor is circumscribed, In one self place, but where we are is hell, And where hell is there must we ever be. And to be short, when all the world dissolves, And every creature shall be purified, All places shall be hell that is not heavenà ¢Ã¢â€š ¬Ã‚ ¦ Well, Faustus, thou shalt have a wife. He fetches in a woman devil. Later Faustus says: When I behold the heavens then I repent And curse thee wicked Mephistophilis, Because thou hast deprived me of those joysà ¢Ã¢â€š ¬Ã‚ ¦ If heaven was made for man, twas made for me. I will renounce this magic and repent. Good Angel: Faustus, repent yet God will pity thee. Evil Angel: Thou art a spirit; God cannot pity thee. Faustus: Ay, go, accursed spirit, to ugly hell. Tis thou hast damned distressed Faustus soul. Ist not too late? Evil Angel: Too late. Good Angel: Never too late, if Faustus will repent. Faustus: My heart is hardened; I cannot repent. Scarce can I name salvation, faith, or heaven. Swords, poison, halters, and envenomed steel, Are laid before me to dispatch my self, And long ere this, I should have done the deed, Had not sweet pleasure conquered deep despair. Faustus: O, Christ my Savior, my Savior, Help to save distressed Faustus soul. (Marlowe, 2.2.) Lucifer Faustus blames for the fact that Faustus violates the word and thinks about Christ, but Faustus vows that it will not happen again.  Lucifer shows Faust seven deadly sins in their true guise: in front of him are Pride, Greed, Wrath, Envy, gluttony, laziness, and profligacy.  Faust wants to see hell and back again and  Lucifer promises to show him hell, and yet gives Faustus a book to read and learn how to take any look. Then after the journey Faust is on the verge of death and condemned to burn in hell forever. He was advised to remember God and ask him for clemency, but Faust realizes that he is no forgiveness, he sold his soul to the devil and the day of reckoning is near. Faust wants to have time to repent and be saved, but the clock strikes, thunder rumbles, lightning flashes, and the Devils led Faust away. The idea of Faustus sin must show readers take a lesson from the tragic fate of Faust, and not to seek the knowledge of the protected areas of science, which tempt man and teach to do evil. Well, gentlemen, though Faustus end be such As every Christian heart laments to think on, Yet for he was a scholar, once admired For wondrous knowledge in our German schools, Well give his mangled limbs due burial. And all the students clothed in mourning black, Shall wait upon his heavy funeral. (Marlowe, V) The image of Faustus as a sinner Marlow tells the story of Faustus, who sacrificed world pleasures for the sake of eternal salvation, in order to get knowledge of sciences, and offers a new way of looking at the idea of sin. The play is written as a kind of tragedy, where Dr. Faustus is presented as a rebel against an oppressive morality: that is the traditional view of sin, which would condemn Faustus for his contract with the devil in exchange for knowledge. Marlowe with great sympathy showed disappointment of Faustus in contemporary science and philosophy, his desire to learn the deepest secrets of nature. He showed despair of the heros, who started an unequal fight with the indestructible divine authority, and the figure of Faust was lit with charm and tragic courage. In a dramatic image created by Marlow, Faustus is idealized, more precisely he has those potentials, which were concluded in the legend and were reflection of significant progressive ideological movements of the Renaissance: the emancipation of the human mind from the medieval  Church dogma and the human will and behavior of the medieval ascetic morality.   In the first monologue Faustus expresses humanistic concept of the indomitable spirit: unlimited personal freedom, boundless possibilities of learning about the universe, mans power over the world. Inspired by this ideal, Faust with a sense of frustration sums up the achievements of modern science: it has a small, insignificant aims, full of selfish spirit. When Faustus turns to the Scriptures he sees dogmas that are incompatible with the humanistic ideal, as it belittles the man because of original sin.  The ideal of the church is alien to Faustus as it contradicts with his belief in the value of personal rights. Characteristically for Faust, a man of the XVI century, which sharply criticizes the Bible and Christian theology, he at the same time wants to become like God, draws his ideal in the Bible paints. If you people could give immortality Or the dead to life again appeal to (Marlowe 1.1.) The hero of the play is presented to the audience not as a fairy tale hero, but as an ordinary man, whose extraordinary strength is in his mind and senses.  The victory of freedom and persons talents over a hostile world is a dream of the scientist-humanist, but the playwright is not so much concentrated on Fausts dream of itself, but on its impact on his entire spiritual life. Excited monologues of Faustus (where he does not saturated from school scholastic science turns to magic in search of unearthly wisdom, which he yearns with all his heart, or speaks to the ancient image of Helen as the ultimate in sensual, earthy beauty) show personal experiences of the author and modern features of that time. Dr. Faustus is the philosophical and psychological drama, and the author the reaches greatest heights of artistry when portraying the hero in moments of intense meditation, in moments of ecstasy, despair, doubt.  The image of Faustus lacerations are shown in a fantastic picture of conversation with the devil, with dramatic brilliance and significance of internal suppressions of Faustus: Faustus: Where are you damned? Mephostophilis: In hell. Faustus: How comes it then that thou art out of Hell? Mephostophilis: Why, this is Hell, nor am I out of it. Thinkst thou that I who saw the face of God And tasted the eternal joys of heaven, Am not tormented with ten thousand hells In being deprived of everlasting bliss? O Faustus, leave these frivolous demands, Which strikes a terror to my fainting soul. (Marlowe, 1.2.) Faustus wants to have the opportunity to repeat the biblical miracles, and by signing a contract with the devil, Faustus compares himself to Christ. In the tragedy of Fausts journey into the demonic the author shows the stages of psychological development of the hero, and is not a true story.  When the black magic passes into the real life, romantic pathos of narrative disappears, giving place to the irony, farce playfulness, where the only magic is a trick. Faustus spells do not have any intrinsic magical power, and miracles that Faust makes, after he sold his soul to the devil, are depicted with deliberate irony. Faustus: What art thou, Faustus, but a man condemnd to die? Thy fatal time draws to a final end; Despair doth drive distrust into my thoughts: Confound these passions with a quiet sleep: Tush, Christ did call the thief upon the Cross; Then rest thee, Faustus, quiet in conceit. Regardless of magic, spells and curses, even before meeting with Mephistopheles Faustus was shown as a rebel, the enemy of God. Curses, the struggle of good and evil angels for the soul of Fausts, contract with Lucifer and meeting with Mephistopheles all this is a psychological drama of Faust, the gradual realization of the depth of the discontinuity of his ideals to the prevailing divine authority, to the consecrated religious moral code, and so with society, where religion was considered a ground of state and was deeply rooted in the minds of the vast majority of people. The attitude towards sin in the play The main claim of the author is that seeking knowledge is not a sin. The author shows a new morality, and the idea of sin in this morality does not coincide with efforts to attain the knowledge. (Davidson, 1996) This new morality is that a man does and should search for knowledge, but without sacrifices and sin. Faustus can search for new knowledge over the limits of traditional values and assumptions, but should not be seen as a sinner. But when Faustus reaches the end of intellectual thought and dont know where to go next. It is important to note the fact that Faustus struggles with the idea of being a metaphysical being: if men cannot become as God, cannot have the superior knowledge that God has, so how can God forgive the sins of such wicked people? Faustus was warned and asked to confess: O, gentle Faustus, leave this damned art, This magic, that will charm thy soul to hell, And quite bereave thee of salvation. Though thou hast now offended like a man, Do not persever in it like a devil. Yet, yet, thou hast an amiable soul, If sin by custom grow not into nature; Then, Faustus, will repentance come too late, Then thou art banished from the sight of heaven; No mortal can express the pains of hell. There is a view that a sin can only be redeemed with confession and penance, and by asking God for his mercy, every man will find the forgiveness he needs in order to be redeemed. As Redemption is a deliverance from ones sins, mercy and forgiveness can be achieved through Confession and Penance. But Faustus believes his soul belongs to him, and he sells it, having sinned against God, that is why he is not unredeemable as he himself believes. He says: If we say that we have no sin We deceive ourselves, and there is no truth in us. Why then, belike, we must sin, And consequently die. Ay, we must die an everlasting death. Faustus understands that he cannot be saved as he does not believe in God as a God of love; rather, he views God as a Deity of power. He cannot comprehend the power of Gods forgiveness and mercy: O, if my soul must suffer for my sin, Impose some end to my incessant pain. Let Faustus live in hell a thousand years, A hundred thousand, and at last be saved. No end is limited to damned soulsà ¢Ã¢â€š ¬Ã‚ ¦ Redemption in the play follows the Renaissance belief that salvation comes through faith. Faustus retains the Gods offer of forgiveness until the very end, and every time he considers repenting, he is stopped either by himself or by the devil, convinced his sin was too great. (Davidson, 1996) The lesson of the importance of faith is simple: for the redeem Faustus needs faith, and belief that God will forgive him of his sin then he can be saved. But Faustus does not repent, so he does go to hell, and joins the other lost souls in Hell. The conclusion is that because Faustus has lack of faith in God, it keeps him from being redeemed and going to Heaven. Conclusion The Tragedy of Dr. Faustus challenges the traditional idea of sin and shows that redemption comes only through faith. The image of Faustus as a sinner is an example of the process search for the truth, that each person goes through, as readers see in Faustus struggle to accept God, or to reject God. Marlow shows the readers two important ideas: the first is that going over the limits of an authoritarian society and searching for knowledge is not sinful; and the second is a view that redemption is attained through faith , so it is important never to lose faith in God.

A Gradual Decline in Prejudice between Places and People in North and S

A Gradual Decline in Prejudice between Places and People in North and South Through her characterizations of the two main characters in Margaret Hale and John Thornton, Elizabeth Gaskell develops a transition from prejudice to love. She reveals their inner most thoughts through an omniscient third person narrative to allow the audience to empathise with their feelings. The Characters develop through dialogue because they dispute over the North and South divide and try to distance themselves from each other. But despite their prejudices love prevails because of the actions of good will shown by Margaret, which John interprets to be feelings of love. The audience is satisfied that they have found a general cause which is sufficient to counteract the forms of prejudice depicted in the novel, and that cause is love. The fundamental theme of prejudice in the story is location. Gaskell contrasts the North and South almost as if they were two entirely different countries. Helstone is a sunny place, and the days are lazy and care free for Margaret. As they approach Milton ...

powmac Free Macbeth Essays: Death as the Price of Power :: GCSE Coursework Macbeth Essays

Death as the Price of Power in Macbeth  Ã‚      Macbeth is a tragedy and a story of the struggle between good and evil. It is about a Thane of Scotland who murders the king in his quest for power. Macbeth commits these crimes partly because of his wife’s ambition and greed, in the end he is destroyed because he feels so guilty and is overtaken by fear and paranoia. The most important part of the play for me was the moment when Macbeth dies. This shows that the play was a complete tragedy and Macbeth's ambitions which were influenced by his wife were a failure. Not one of the main characters benefited by this terrible chain of events. All the pain and unhappiness illustrated in these scenes represent the play as a whole, it is a classic tragedy. This moment was so powerful as it is done off stage but with sound affect this left a lot more to the imagination which has a strong impact. The acting was very believable and made me feel involved. I felt I knew what it’s like to be in such a human tragedy. The king of Scotland played his part well. I thought this because of his body language, in that he stood tall and mighty like an important person, a leader. The servant acted small and insecure. he kept his body in a ball and had his head down low, he never raised his voice but when people did to him he flinched . This illustrated that he was of lower status. When an important action was taken place the actor’s attention focussed on the event taken place and they exaggerated the major actions. For instance when Macbeth saw the images of a bloody knife he looked and reached out at something. Also when someone was talking or making a speech all the other actors looked at the actor who was speaking or showing something. If an actor was the center of attention they would be in the middle of the stage, as when Macbeth saw the ghost of his friend he had murder ed. The table was in the corner while Macbeth was in the center looking at the table this made it very clear of the situation and who you were supposed to be looking at. When lady Macbeth rubbing her hand continuously to get the blood off, this symbolizes her fear and guilt.

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The legal environment of foreign marketing takes an added dimension of importance since there is no single uniform commercial law which governs foreign business transactions. † – Comment. International marketers must be aware of the legal environments that they operate in. As there is no uniform international law regarding business transactions, companies can find themselves wasting money or in legal issues if they do not operate according to the laws in the specific countries they are in.The customs, politics, and geography vary greatly from country to country and are affected by the gal environment. It is extremely important that international markers are aware of this added dimension and are prepared. No single, uniform international commercial law governs foreign business transactions. The foundation of a legal system Profoundly affects how the law is written, interpreted, and adjudicated Laws governing business activities within and between countries An integral par t of the legal environment of international business .Four heritages form the basis for the majority of the legal systems of the world Common law, Civil or code law, Islamic law, and Marxist-socialist tenets Common law Derived from English law. England, U. S. , Canada and countries who were once under the English influence. Seeks interpretation through the past decisions of higher courts which interpret the same statues. Applies established and customary law principles to a similar set of facts Civil or Code law derived from Roman law.Germany, Japan, France and non-lilacs and non-Marxist countries. All-inclusive system of written rules (codes) of law: Legal system is generally divided into three separate codes 1 . ) Commercial 2. ) Civil 3. ) Criminal Ownership is determined by registration. Considered complete as a result of catchall revisions found in most code-law systems Islamic law Places emphasis on the ethical, moral, social, and religious dimensions to enhance equality and f airness for the good of society. The basis is the interpretation of the Koran.Islamic law defines a complete system that prescribes specific patterns of social and economic behavior for all individuals: 1 . ) Property rights 2. ) Economic decision making 3. ) Types of economic freedom Islamic law This system prohibits investment in a business dealing with Alcohol, gambling and casinos In order to comply with Islamic Law following are terms that are frequently use: Trade with markup or cost-plus sale and leasing. These practices enable borrowers and lenders to share in the rewards as well as the losses in an equitable fashion.The international marketer must know the religion's system of belief and understand how the law is interpreted in each region Marxist-socialist Tenets of Russia and the Republics of the former Soviet Union, Eastern Europe, and China. Legal system centered on the economic, political and social policies of the state. Now more directly involved in trade with non-Ma rxist countries Differences among the 4 law systems Due process may vary. Individual interpretation may vary Fundamentalist interpretation of Islamic law. Combination of several legal systems. U. S. Sees both common and code law Marxist-socialist tenets strictly subordinate to prevailing economics conditions. Private ownership, contracts, due process and other legal mechanisms need to be developed. Russia and China differ because Each has taken a different direction in its political economic growth. Russia is moving toward a Democratic System. China is trying to activate a private sector within a mixed economy in a socialist legal framework Jurisdiction in International Legal Disputes No Judicial body exists to deal with legal commercial problems arising between citizens of different countries.Legal disputes can arise in three situations: 1 . ) Between governments 2. ) Between a company and a government 3. ) Between two companies Jurisdiction is generally determined on the basis of: Jurisdictional clauses included in contracts, Where a contract was entered into, Where the provisions of the contract were performed Jurisdictional Clause â€Å"That the parties hereby agree that the agreement is made in Oregon, USA, and that any question regarding this agreement shall be governed by the law of the state of Oregon, USA† Types of International Disputes Buyer refuses to pay.Product is inferior quality. Shipment arrives late Steps when a dispute arises†¦ Resolve the issue informally, Conciliation aka Mediation, Arbitration, Conciliation a nonbinding agreement between parties to resolve disputes by asking a third party to mediate differences. Sessions are private and all conferences between parties and the mediator are confidential. In all conciliation agreements An arbitration clause should be included The popularity of arbitration has led to a proliferation of orbital centers. Established by countries, organizations, and institutions.Inter-American Commer cial Arbitration Commission. Canadian-American Commercial Arbitration Commission (for disputes between Canadian and U. S. Businesses). London Court of Arbitration (decisions are enforceable under English law and English courts). American Arbitration Association. International Chamber of Commerce (select Arbitration) Arbitration clauses require agreement on two counts 1 . To arbitrate in the case of a dispute according to the rules and procedures of some arbitration tribunal. 2. To abide by the awards resulting from the arbitrationContracts and other legal documents should include clauses specifying the use of arbitration to settle disputes Problems with Arbitration Companies may refuse to: 1 Name arbitrators 2. ) Arbitrate 3. ) After arbitration awards are made companies may refuse to honor the award 4. ) In most countries, arbitration clauses are recognized by the courts and are enforceable by law within those countries Deterrents to litigation Fear of creating a poor image and dam aging public relations. Fear of unfair treatment in a foreign court.Difficulty in collecting a Judgment that may otherwise eave been collected in a mutually agreed settlement through arbitration. The relatively high cost and time required when bringing legal action. Loss of confidentiality 4 recommended steps for settling disputes Try to placate the injured party. Conciliate. Arbitrate. Litigate Companies spend millions of dollars establishing brand names or trademarks To symbolize quality and design. To entice customers Millions are spent on research To develop products, processes, designs, and formulas Lost sales from the unauthorized use of U. S. Tents, trademarks, and copyrights Amount to more than $100 billion annually Counterfeits anger from copies that have the same efficacy as the original to those with few or no active ingredients, to those made of harmful substances Inadequate Protection Failing to adequately protect intellectual property rights can lead to the legal loss of rights in potentially profitable markets A company that believes it can always establish ownership in another country by proving it used the trademark or brand name first is wrong and risks the loss of these assets It is best to protect intellectual property rights through registration In the U.S. , a Common-law country, ownership of intellectual property rights is established by prior use versus registration International Conventions Three major aspects: Paris Convention for the Protection of Industrial Property, Inter- American Convention, Madrid Arrangement All countries have laws regulating marketing activities Promotion, Product development, Labeling, Pricing, Channels of distribution Discrepancies across markets cause problems for trade negotiators – particularly for managers and their firms U. S. Does not allow the buying or selling of human organs. Some countries only have a few marketing laws with lax enforcement.Others have detailed, complicated rules that are st ringently enforced 0 Advertising comparisons in advertisements are always subject to the competitor's right to go to the courts and ask for proof of any implied or stated superiority Green marketing laws Focus on environmentally friendly products and Focus on product packaging and its effect on solid waste management Antitrust a lot of the 20th century it was Nonexistent and Not enforced in most of the world's countries (U. S. Was exception) U. S. Laws Apply in Host Countries Foreign Corrupt Practices Act, National security laws, Antibiotics law, Extraterritoriality of U.S. Laws and Antitrust laws 0 00 Foreign Corrupt Practices Act Makes it illegal for companies to pay bribes to foreign officials, candidates, or political parties 0 00 National security laws Prohibit a U. S. Company, its subsidiaries, Joint ventures, or licensees to sell controlled products without special permission from the U. S. Antibiotics law U. S. Companies are forbidden to participate in any unauthorized forei gn boycott. Required to report any request to cooperate with a boycott Extraterritoriality of U. S. Laws Especially important to U. S. Multinational firms.Foreign governments fear the influence of American government policy on their economies through U. S. Multinationals What is illegal for an American business at home can also be illegal by U. S. Law in foreign Jurisdictions for the firm, subsidiaries and licensees of U. S. Technology Cybercafà © – Unresolved Issues Supersaturates (CSS), Taxes, and Jurisdiction of disputes and validity of contracts Taxes In the past, a company was deemed to have a taxable presence in a country if it had a permanent establishment there The E Commission Proposes value-added tax (VAT) Jurisdiction of disputes and validity of contractsThe EX. Commission has adopted an e-commerce directive that will permit online retailers to trade by the rules of their home country unless the seller had enticed or approached the consumer by way of advertising S upersaturates buy and register descriptive nouns, geographic names, and names of ethnic groups and pharmaceutical substances, and other similar descriptors and hold them until they can be sold at an inflated price Businesses face a multitude of problems in their efforts to develop successful marketing programs Varying legal systems of the world and their effect on business orientations Legal questions must also be considered Jurisdictional and legal recourse in disputes. Protection of intellectual property rights. Extended U. S. Law enforcement Enforcement of antitrust legislation by U. S. And foreign governments Q . International marketing research and market research are Synonymous, since the research process is basically the same whether applied in USA. , U. K. , Japan or India? † Critically examine this statement. Marketing research process Stage 1: Formulating the Marketing Research Problem Formulating a problem is the first step in the research process. In many ways, res earch starts with a problem that management is facing. This problem needs to be understood, the cause diagnosed, and solutions developed. However, most management problems are not always easy to research. A management problem must first be translated into a research problem. Once you approach the problem from a research angle, you can find a solution. For example, â€Å"sales are not growing† is a management problem.Translated into a research problem, we may examine the expectations and experiences of several groups: potential customers, first-time buyers, and repeat purchasers. We will determine if the lack of sales is due to: ; Poor expectations that lead too general lack of desire to buy, or ; Poor performance experience and a lack of desire to repurchase. What then is the difference between a management problem and a research problem? Management problems focus on an action. Do we advertise more? Do we change our advertising message? Do we change an under-performing produc t configuration? If so, how? Research problems, on the other hand, focus on providing the information you need in order to solve the management problem. Stage 2: Method of InquiryThe scientific method is the standard pattern for investigation. It provides an opportunity for you to use existing knowledge as a starting point and proceed impartially. The scientific method includes the following steps: 1. Formulate a problem 2. Develop a hypothesis 3. Make predictions based on the hypothesis 4. Devise a test of the hypothesis 5. Conduct the test 6. Analyze the results The terminology is similar to the stages in the research process. However, there are subtle differences in the way the steps are performed. For example, the scientific method is objective while the research process can be subjective. Objective-based research (quantitative research) relies on impartial analysis.The facts are the priority in objective research. On the other hand, subjective-based research (qualitative resear ch) emphasizes personal Judgment as you collect and analyze data. Stage 3: Research Method In addition to selecting a method of inquiry (objective or subjective), you must select a research method. There are two primary methodologies that can be used to answer any research question: experimental research and non-experimental research. Experimental research gives you the advantage of controlling extraneous variables ND manipulating one or more variables that influences the process being implemented. Non-experimental research allows observation but not intervention.You simply observe and report on your findings. Stage 4: Research Design The research design is a plan or framework for conducting the study and collecting data. It is defined as the specific methods and procedures you use to acquire the information you need. Stage 5: Data Collection Techniques Your research design will develop as you select techniques to use. There are many ways to collect data. Two important methods to co nsider are interviews and observation. Interviews require you to ask questions and receive responses. Common modes of research communication include interviews conducted face-to- face, by mail, by telephone, by email, or over the Internet.This broad category of research techniques is known as survey research. These techniques are used in both non-experimental research and experimental research. Another way to collect data is by observation. Observing a person's or company's past or present behavior can predict future purchasing decisions. Data collection techniques for past behavior can include analyzing company records and reviewing studies published by external resources. In order to analyze information from interview or observation techniques, you must record your results. Because the recorded results are vital, measurement and development are closely linked to which data collection techniques you decide on.The way you record the data changes depends on which method you use. Stag e 6: Sample Design Your marketing research project will rarely examine an entire population. It's more practical to use a sample-?a smaller but accurate representation of the greater population. In order to design your sample, you must find answers to these questions: 1. From which base population is the sample to be selected? 2. What is the method (process) for sample selection? 3. What is the size of the sample? Once you've established who the relevant population is (completed in the problem formulation stage), you have a base for your sample. This will allow you to make inferences about a larger population.There are two methods of selecting a sample from a population: probability or non-probability sampling. The probability method relies on a random sampling of everyone within the larger population. Non- probability is based in part on the Judgment of the investigator, and often employs nonviolence samples, or by other sampling methods that do not rely on probability. The final s tage of the sample design involves determining the appropriate sample size. This important step involves cost and accuracy decisions. Larger samples generally reduce sampling error and increase accuracy, but also increase costs. Stage 7: Data Collection Once you've established the first six stages, you can move on to data collection.Depending on the mode of data collection, this part of the process can require large amounts of personnel and a significant portion of your budget. Personal (face-to-face) and telephone interviews may require you to use a data collection agency (field service). Internet surveys require fewer personnel, are lower cost, and can be completed in days rather than weeks or months. Regardless of the mode of data collection, the data collection process introduces another essential element to your research project: the importance of clear and constant communication. Stage 8: Analysis and Interpretation In order for data to be useful, you must analyze it.Analysis techniques vary and their effectiveness depends on the types of information oh are collecting, and the type of measurements you are using. Because they are dependent on the data collection, analysis techniques should be decided before this step. Stage 9: The Marketing Research Report The marketing research process culminates with the research report. This report will include all of your information, including an accurate description of your research process, the results, conclusions, and recommended courses of action. The report should provide all the information the decision maker needs to understand the project. It should also be written in language that is easy to understand. It's important to find a balance between completeness and conciseness.You don't want to leave any information out; however, you can't let the information get so technical that it overwhelms the reading audience. One approach to resolving this conflict is to prepare two reports: the technical report and the s ummary report. The technical report discusses the methods and the underlying assumptions. In this document, you discuss the detailed findings of the research project. The summary report, as its name implies, summarizes the research process and presents the findings and conclusions as simply as possible. Another way to keep your findings clear is to prepare several different representations of your findings. Powering presentations, graphs, and face-to-face reports are all common methods for presenting your information.