Commercial Law Essay Example | Topics and Well Written Essays - 4000 words

Commercial Law - Essay Example According to the problem, Gill who had made hire-purchase contract with Bob’s Motors by exchanging her Ford Fiesta with Nissan Micra by overlooking her previously made contract with Universal Finance. Besides, the third problem in this case depicts the issue of serious engine fault in a second-hand Nissan 370Z sports car by Hussein after purchasing it from Bob’s Motors. Therefore, the study provides relevant advice to Hampshire Hire Ltd, Universal Finance Ltd and Joan along with Hussein on the basis of the case situation. The discussion of the study provides the claims that can be made by each party relating to the case and also ensures to demonstrate effective remedies that are available for the parties to claim their responsibilities. With reference to the problem associated with the case of Bob’s Motors Ltd., it has been ascertained that John, a key representative of the company (Bob’s Motors Ltd.) had entered into a valid contractual agreement with Hampshire Hire Ltd. for selling Nissan Note cars for  £13,000 each. According to the deal, Bob’s Motors is likely to deliver four new Nissan Note cars on 25th June 2014. In the similar context, Hampshire Hire has accepted the terms and conditions of the contract and agreed to carry the pre-ordered vehicles at his own risk. However, the transporter had undergone natural calamities that led all the pre-ordered Nissan Note cars by Hampshire Hire to explode. In this context, Bob’s Motors has denied to take the responsibility regarding the incident. Subsequently, it can be stated that the incident associated with the explosion of four Nissan Note cars during the delivery to Hampshire Hire occurred due to lightning. In relation to the concern associated with the case of Hampshire Hire, the occurrence of such unavoidable incident can be termed under the consideration of Force Majeure. According to Sale of Goods Act in English contract law, it

The Good, the Bad, and the Ugly of Corporate Social Responsibility Essay

The Good, the Bad, and the Ugly of Corporate Social Responsibility - Essay Example In fact, the scope of literature does not include data that is relevant for all the businesses and touches the dilemma between ‘good’ and ‘bad’ solely within corporate management. Thus, the given essay can serve as a background for further researches on this topic that will investigate this problem in different business environments. To start with, the notion of ‘good’ manager needs clarification, since this topic is problematic to date. In this context, the fact that capitalism serves as a preliminary condition of contemporary corporations’ appearance leads to the misunderstanding between ‘good’ management and ‘bad’ ethics. In capitalist framework, the very establishment of enterprise is self-regulatory enough to be good for the society. As a result, no significant attention was paid to the analysis of business in ethical terms in the context of early capitalist development. Because of this, ambiguity between et hics and profit appears nowadays. In Smith’s words, ‘No regulation of commerce can increase the quantity of industry in any society beyond that capital can maintain†¦ And it is by no means certain that this artificial direction is likely to be more advantageous to the society than that into which it would have gone of its own accord†¦ The study of his [every individual] own advantage naturally, or rather necessarily leads him to prefer that employment which is most advantageous to the society.’ In the given passage, it is hard to measure the difference between the choice motivated by profit means and by public good. In this context, personal motivation has crucial role; moreover, the level of publicity and acknowledgment of social needs define the ethical behavior in modern times (Trevià ±o and Nelson 2011: 323).

Incredible Years Series theoretical based intervention programme

Incredible Years Series theoretical based intervention programme A promising intervention programme should be theoretical and evidence-based. The Incredible Years programme, a well-designed and comprehensive intervention package, has strong theoretical grounds (Webster-Stratton et al., 2001). It was originally invented to treat early onset conduct problems among young children (Webster-Stratton, 2000), then was revised to prevent conduct problems by promoting social competence universally (Webster-Stratton, Reid Stoolmiller, 2008). Children who display high rates of anti-social behavior or aggression are at risk of developing conduct problems (Webster-Stratton Reid, 2009b). It is found that these children experience more peer rejection and non-supportive comments from teachers (Carr, Taylor Robinson, 1991; Webster-Stratton Reid, 2002), and as a result, they dislike going to school and may display more negative emotions and behaviors (Birch Ladd, 1997). This is a vicious cycle which The Incredible Years Series are aiming to bring it to an end. The Incredible Years programme is not only targeting on children, but also the factors that contribute to the cause of such conduct problems. Webster-Stratton (2005) suggested that a disorganized home environment, ineffective parenting and teachers lack of instrumental classroom management skills were all provocative. Although it is believed that parental influence on childrens social development is the most prominent (Webster-Stratton et al., 2001), past research showed that parent training might not be effective enough, as the children only made short-term improvement at home, but not at school (Gresham, 1998; Taylor Biglan, 1998). Therefore, a multi-faceted intervention project that includes trainings for parents, teachers and children is designed (Webster-Stratton, Reid Hammond, 2004). The Incredible Years Series was compared and evaluated against single or paired training programmes; longitudinal results indicated that the childrens improvement in the integrated training serie s were longer-lasting and could sustain beyond the training setting (Webster-Stratton Hammond, 1997; Webster-Stratton, Reid Hammond, 2001; Webster-Stratton, Reid Stoolmiller, 2008). The Incredible Years Series that address multi-levelled risk factors are strongly supported by a number of theories. In the following, I shall briefly introduce the underlying theories, following by an extensive discussion on how these theoretical underpinnings are applied to the training programmes and the method of delivery. Theoretical underpinnings Behaviorism According to the theory of operant conditioning, human beings behavior is contingent upon the consequences (Butterworth Harris, 1994). Behavior is likely to be reproduced if reinforcement follows (Baer, Wolf Risely, 1968). The presentation of reinforcement not only serves the informative function to indicate the appropriateness of certain actions (Bandura, 1977), but also serves the motivational functioning that increases the probability of future production (Bolles, 1979). Childrens development is closely linked to their experiences of reinforcement. It was found that children whose parents who did not reinforce their social skills were weaker in establishing friendly relationships (Patterson Dishion, 1985). In classroom setting, appropriate use of praise and reward improves childrens classroom behavior (Pfiffner, Rosen, OLeary, 1985) and a consistent punishment system is also effective in reducing undesirable behaviors (Pfiffner OLeary, 1987). The behavioral approach explains aggression as a result of external reinforcement. Bandura (1973) proposes that by acting aggressively, some children may gain approval, power, or enhancement in self-image that reinforces them to continue. Social learning theory In agreement with the behaviorists, social learning theorists also believe in the importance of environmental stimuli (e.g. reinforcement), but it is proposed that personal determinants cannot be ignored (Bandura, 1977). Human behaviors are seen as an outcome of the reciprocal interactions between the persons and their surroundings (Webster-Stratton Reid, 2009b). Bandura (1977) believes that learning can occur without personally experiencing the action and its consequences. He suggests that most children learn to use aggression through modeling. The sources can be very diverse, ranging from the mass media, peers in schools, to parents aggressive punishment. It was discovered that children with parents who had bad marital relationship had higher probability of developing conduct disorders (Webster-Stratton, 1996). The social learning theory provides a justified reason: when parents are openly criticizing each other, displaying hostility, or producing aggressive behaviors, children observe and learn to use these coercive tactics to solve conflicts (Patterson, Reid, Jones Conger, 1975). Bandura (1989) also proposed the idea of self-efficacy. It is defined as the personal evaluation of ones ability to accomplish a certain task (Harter, 1993, Kanfer Zeiss, 1983). It is believed that human beings have an innate tendency to strive for social self-efficacy with the parents, and would be discouraged if not successful (Heydenberk Heydenberk, 2007). Perceived self-efficacy influences peoples actions and beliefs, and also ones persistence in difficult times (Bandura Adams, 1977). For people who have high self-efficacy in social aspects, they expect success in forming and maintaining positive relationship with the others. For people who have low social self-efficacy, they might have experienced failures in interpersonal aspects before (Webster-Stratton Lindsay, 1999). They judge themselves as socially incompetent and put less effort in forming social relationships. Self-efficacy stems from successful experiences, vicarious learning and verbal persuasion (Bandura Adams, 1977). Ones own expectation of the probability to get contingent reinforcement (Kanfer Zeiss, 1983) and also the significant others expectations is crucial for the development of self-efficacy (Cooley, 1902). Children understand what their parents or teachers are expecting from them through verbal or non-verbal means (Webster-Stratton, 2006). If they then act according to what others expect from them, they will be contingent to the others expectations, it is called the self-filling prophecy (e.g. (Lee Bishop, 2008; Strassberg, 1995). The lower the teachers expectations on their students, the less motivation the students have (e.g. Chung Westwood, 2001; Jussim, 1989; Wigfield Harold, 1992). But it is hopeful that children can benefit a lot too when the teachers increase their support and expectations on them (Webster-Stratton, Reid Hammond, 2004). Theory of the coercive process The coercive hypothesis generated by Patterson (1982) can be regarded as an extension and integration of behaviorism and social learning theory. It starts with a social interactional perspective and considers childrens aggressive behavior as a product of repeated coercive interactions between a dyad that are created and maintained by the positive and negative reinforcement (Mesman, et al., 2008). Both members of the dyad should be responsible for the undesirable outcome (Webster-Stratton, 2000). The coercive model sees the importance of parents and teachers interactions with the children. Continuous negative reinforcement and modeling escalates both the childrens and the parents/ teachers coercive attitudes and behaviors (Patterson, Reid, Jones Conger, 1975). A reinforcement trap occurs when one member of the conflicting pair gives up during the coercive interaction (Webster-Stratton, 2005). From the viewpoint of the member who insists, this can be seen as a negative reinforcement and would encourage him/her to use such coercive tactics again (Webster-Stratton Hancock, 1998). The other member also learns by observation and modelling to escalate their aversive behaviors to avoid further failures. So, the intensity of aggression increases and accumulates after every conflict (Patterson Dishion, 1985). And children may generalize such pattern of conflict managements to other contexts. Parents fall into the reinforcement trap because of their non-contingent parenting skills and ineffective disciplinary strategies to deal with coercive behaviors (Patterson Dishion, 1985). To decrease aggression, one must change the coercive process by stopping the negative reinforcement. Parents and teachers can be taught using more effective and positive discipline methods and no longer triggers childrens aggressive behaviors, and change theirs by modeling. Attachment theory Bowlbys (1997) attachment theory emphasizes the importance of a positive parent-child relationship. It is found that children who have a loving and trusting relationship with a major caregiver are more socially competent (Lee, 1990), while children who experience hostile contacts from parents lack emotional regulatory and conflict-management strategies (Webster-Stratton, 2005). By using the strange situation, four types of attachment styles can be identified, namely secure, insecure-avoidant, insecure-ambivalent and insecure-disorganized (Van Ijzendoorn, Bakermans-Kranenburg Sagi-Schwartz, 2006). The attachment pattern highly affects how one thinks and feels (Cummings-Robeau, Lopez Rice, 2009) and has enormous influence on interpersonal functioning (Collins, 1996). Insecure attachment may develop when the parents are being inconsistent, rejecting and insensitive to childrens needs (Webster-Stratton Reid, 2009b). Children with this type of attachment may have higher level of aggression and greater difficulty expressing their feelings and trusting the others (Fagot, 1997). In contrast, securely attached children possess greater social skills (e.g. Schneider, Atkinson Tardif, 2001; Weinfield, Scoufe, Egeland Carlson, 1999) and feel safe to explore the world as they trust their parents (Juffer, Bakermans-Kranenburg van IJzendoorn, 2008b). better social co mpetence (e.g. Schneider, Atkinson Tardif, 2001; Weinfield, Scoufe, Egeland Carlson, 1999). As the kind of attachment formed is closely linked to the parenting skills and parental sensitivity (Bakermans-Kranenburg et al., 2008), Incredible Years aims to improve those elements so as to alter the attachment pattern. Moreover, the attachment theory can also be applied to the teacher-child relationship, as children also have a lot of contact with teachers (Birch Ladd, 1997). The Incredible Years Programme Based on the above theories, Webster-Stratton (1981) developed three interlocking programmes, targeting at the parents, teachers and children to promote social competence. Parent training The parent series is the most important one (Webster-Stratton et al., 2001), with four sub-sections designed for promoting different skills and accommodating children of different age groups. One of the heaviest elements in this series is the training of parenting skills. In line with the underlying behavioral theory, parents are taught the effective use of reinforcement and punishment. In order to encourage childrens exhibition of prosocial behaviors, parents make good use of reinforcers. They are guided to create a hierarchy of reinforcement that is tailor-made for their own children. Examples of powerful reinforcers are social rewards like attention, smiles and hug and social activities like going to beach together (Neville, Beak King, 1995). The way parents administer the reinforcements is very crucial they have to make sure that the reward is immediate and contingent to specific favorable behaviors; and also, children should receive the rewards together with labeled praise. Moreover, parents are reminded that materialistic rewards like money and toys may apparently seem to be incredible reinforcers, but their effectiveness may not be very long-lasting. This kind of tangible rewards is better used at times when children achieve a particular goal that is clearly defined beforehand (Webster-Stratton Herbert, 1994). Conversely, to reduce childrens aversive behaviors, parents are trained to use a wide range of methods depending on the intensity and type of misbehaviors. Examples are removing existing reinforcements like ignoring and timeout, and rewarding alternative positive behaviors (Neville, Beak King, 1995). Parents are taught not to argue and shout with the children during conflicts, as those naggings are also reinforcing, as they are parental attention. Yet, using ignoring is not easy, as parents have to be consistent and determined to neglect the child until the unwanted behavior vanishes (Webster-Stratton, 2006). Or else, parents would have been fallen into the reinforcement trap, as suggested by Pattersons (1982) coercive model. Timeout is another good strategy if used probably as it gives both the parents and the children a cooling period. Children are kept isolated for a while, and are deprived of any possible reinforcement, including parents attention (Webster-Stratton Herbert, 199 4). Using these methods can reduce childrens coerciveness, model children the peaceful way of managing conflicts and still to remain a trusting parent-child relationship. No matter it is the administration of rewards or punishments, one rule that parents must follow is to be consistent. Previous research studies show that unpredictable parenting style seriously affects the parent-child bonding and makes children feel insecure and frustrated (Lee, 1990). To manage discipline, both reinforcements and punishments may be needed (Pfiffner OLeary, 1987). The latter one should be used as last resort (Neville, Beak King, 1995), as punishments may trigger childrens anger, create tension and model unwanted, aggressive behaviors to them. Moreover, punishing for a bad behavior does not give children ideas what an appropriate behavior is. To prevent using punishments, one of the best ways is to set limits. Parents can set clear, realistic and positive goals with the children (Webster-Stratton, 2005). With limit setting, coercive process of aggression can be prevented, and childrens experience of reaching goals or keeping within the limits reinforces them, and enhances their social self-efficacy (Webser-Stratton Reid, 2007). According to the expectancy theory, when children recognize that parents have high but reasonable expectations on them, their self-confidence is enhanced and self-fulfilling prophecy predicts that they will try hard to act accordingly. To enhance childrens self-esteem, the support from parents is essential (Harter, 1993). According to Bandura (1977), ones self-efficacy can be improved by verbal persuasion. Parents should view their children in a positive way, accept their weakness and encourage them to think positively about themselves (Webster-Stratton, 2006). For elder kids, parents can try to involve them more in family meetings, limit settings, or any other activities can require collaborative decisions (Coopersmith, 1967), so that children have more opportunities to express themselves and they might feel confident as becoming a contributor in the family (Webster-Stratton, 2000). The ADVANCE parent training programme focuses on the parents interpersonal skills. It is found that parents who have poor communicate skills and anger management strategies are more likely to have children who suffer from conduct problem (Webster-Stratton Reid, 2009b). This is due to the fact children can observe and may have modeled their parents behaviors (Webster-Stratton, 1996). In this training series, parents are empowered to act as a good role-model of their children. And by modeling, parents can foster social skills and desirable learning habits to them (Webster-Stratton, 2005). Teacher training The teacher training series focuses on skills and tactics to manage a large of children (Webster-Stratton et al., 2001), mainly by using reinforcement, managing misbehavior, fostering a warm and safe environment, building positive relationships, teaching social and problem-solving skills (Webster-Stratton, 2004). Although the target is different, the major concepts used in the teacher training are similar to that of the parent one (Webser-Stratton Reid, 2007). To promote positive behaviors, reward again is very important. Besides praising children specifically and enthusiastically, teachers, persons that are familiar with childrens learning progress, should praise children for their improvement instead of the scores they achieve. A consistent rewarding system can enhance childrens self-efficacy and social competence (Webser-Stratton Reid, 2007). Another special component of the teacher training series is the effort of teachers to collaborate with the childrens family (Webster-Stratton, 1999). It is desirable for teachers to visit their students family, so that they can better understand the students home environment and background, and thus to be more sensitive in catering the students special needs. It is equally valuable for parents to visit their childrens schools. Teachers in the Incredible Years programme are equipped with techniques to communicate and cooperate effectively with the parents (Webser-Stratton Reid, 2007). Children Training The children training series emphasizes enhancing childrens emotional literacy, social skills, conflict management and problem-solving skills (Webster-Stratton, 2004). Emotional literacy is the ability to recognize, understand, handle and appropriately express emotions (Sharp, 2001: 1). This is one of the most fundamental communication skills that children acquire in the Incredible Years student series. Children with conduct problems usually have worse emotional literacy and ability to identity and understand facial cues (Webster-Stratton Reid, 2003). The ability to convey emotional messages are closely linked to ones emotional and social health (Morrison and Matthews, 2006; Nyland, 1999). It was found that enriching emotional literacy can lead to a reduction and delinquency and aggression (Carnwell Baker, 2007); and children with higher emotional literacy have comparatively better social outcomes like having more friends (Hubbard Coie, 1994; Miller et al., 2005). Olson (1992) explained that for children who were not equipped with enough vocabularies to communicate their emotions, it was likely for them to use their bodies to express themselves. This is often quite undesirable, as for example, if the child was angry at the moment, and because he did not know how to verbalize it, he transformed his anger to physical responses and hit his classmates. Research evidence did show that the lack of emotional vocabulary and emotion understanding were correlated with aggressive behaviors (Bohnert, Crnic Lim, 2003) and ineffective conflict management (Heydenberk Heydenberk, 2005). After building up a list of emotional vocabularies and learning the usage of strategic communications skills like I messages (e.g. I want toà ¢Ã¢â€š ¬Ã‚ ¦, I feelà ¢Ã¢â€š ¬Ã‚ ¦, I hopeà ¢Ã¢â€š ¬Ã‚ ¦, etc.), children displays significantly less anti-social behaviors (Heydenberk Heydenberk, 2007). It is easier for them to regulate their emotions (Webster-Stratton Reid, 2 009) Methods of Delivery In the Incredible Years Programme, most of the sessions involve group discussion and practice, while one-fourth of them are administered through videotape modelling (Webster-Stratton and Herbert, 1994). Group Discussion One of the goals of the Incredible Years is to provide a cost-effective intervention program. This is achieved through the use of group-based delivery (Webster-Stratton, 2000). There are around 12 to 14 participants per group, with one group leader to assist in administrative issues and encourage discussions. Besides the economical value, the group setting allows parents or teachers to share and normalizes their experiences (Webster-Stratton, 1981), to provide support for each other, and to facilitate modeling (Webster-Stratton, 2004). When parents or teachers know that there are so many other people that are encountering the same difficulties as they do, they feel more relieved and confident with their parenting or teaching skills. Video Modelling and live modeling Video Modelling is a cost-effective training method that has been extensively used in the programme (Brestan Eyberg, 1998). This method is based on Banduras (1989) theory of observational learning. It was proposed that participants would model the positive behaviors by observing the interactions shown in the videotapes (Webster-Stratton, 2005). The study done by Singer and Singer (1983) showed that children who watched a television programs that promote prosocial behaviors really exhibited significantly greater desirable behaviors upon watching. Parents are mainly shown about parent-child interactions at home during dinner, play, etc.; teachers are shown the teacher-child interactions in classroom during circle, work time and play, etc. (Webser-Stratton Reid, 2007). Some of scenes are positive, while some are negative, so the adults understand there is no perfect teaching or parenting (Juffer, Bakermans-Kranenburg van IJzendoorn, 2008a), and this may raise their self-efficacy. Seeing the adult-child relationships give them an idea how to increases childrens prosocial behaviors and reduces aggressive or aversive behaviors (Webster-Stratton, 2004). Previous research, in line with the hypothesis, indicated that children video which showed some positive peer interactions were effective in enhancing childrens politeness and friendliness and in decreasing childrens noncompliant and negative behaviors (Webster-Stratton, 1982). Unlike, one-to-one interventions, video modeling makes it possible to show different kinds of people interacting in different contexts, which creates greater generalization and participants may find it easier to apply the skills learnt in daily lives (Webster-Stratton, 2000). There are some important points to note when using modeling. First, video-makers have to ensure that the participants have affirmative feelings about the model, and they can identify with the model to some extent. One way to achieve this is to explicitly tell the participants that those models are not actors, but real parents like them. Secondly, the video must have scenes showing the model getting reward upon doing some favorable (Webster-Stratton, 1981). For example, the childrens cooperation is a kind of intangible reinforcement for the adults. Thirdly, group leaders should ensure that participants are paying attention, and not being disturbed by some external distracters. Lastly, there should be chance for the participants to practice the new skills and gain the reward as shown. In the Children Training Series, the leader and a puppet named Wally act as a live model (Webster-Stratton, 2000). The group leader uses the puppet to role-play and model a positive interpersonal interaction, so that children can learn the appropriate behaviors through vicarious experience (Webster-Stratton Reid, 2009). Behavioral research (Homework and practice) Homework and exercises are given to participants to try out the newly learnt skills and to apply the knowledge to real life context (Webster-Stratton Reid, 2007; Webster-Stratton Reid, 2009). The role-playing exercises allow participants to understand the concepts and skill more thoroughly and clearly (Webster-Stratton, 2000). And through this, they know how it feels to use appropriate strategies in interactions. Experiences of success is very important for participants to be motivated in using such skills and real achievements can boost their self-esteem (Emler, 2001). Child-directed play Child-directed play is a useful tool in enhancing attachment and positive relationship between adults and children (Axline, 1969; Webster-Stratton Reid, 2009). This kind of play can also enhance childrens social competence and self-efficacy (Lee, 1990). There are a number of techniques that aid child-directed play. First, the adults should give minimal comments, not to judge or question during the play. Adults reinforce and encourage the childrens effort, concentration, creativity and all the other positive behaviors. This can help promoting the childrens perceived competence and self-worth (Webster-Stratton Reid, 2009). Second, adults try to follow the childrens thoughts and allow children to have independent thinking (Webster-Stratton, 2006). There are six different child-directed play skills that can help teaching children academic and social skills, and building a positive adult-child relationship (Webster-Stratton Reid, 2009). First, the adults use descriptive commenting to show that they are paying attention to the children, and at the same time, to teach children important vocabularies. The joint attention reinforces children to continue playing. Second, adults can use academic coaching to teach children academic skills like counting and names of objects. Third, when children are encountered with challenges in the play, adults try to promote persistence in playing (Schunk, 1981). As suggested by Bandura (1989), the longer one stays in the difficult problems, the stronger confidence one has about his abilities. Adults use persistence coaching to encourage children by commenting on their cognitive condition. Being praised and knowing oneself as persisting, children feel reinforced and contented. Fourth, emotion coachi ng can be used to teach children feeling words. The last two are one-on-one and peer social coaching that allow children to practice playing with children, so that they can model the interaction techniques and experience real success (Webster-Stratton Reid, 2009). Conclusion The Incredible Years Series is a theoretical-based intervention programme that is found to be effective in treating or preventing childrens conduct problems in many previous research studies (e.g. Webster-Stratton, 1994; Webster-Stratton et al., 2001; Webster-Stratton Reid, 2009; Webster-Stratton, Reid Stoolmiller, 2008). A lot of developmental or educational psychologists from different countries have been trying to revise and adopt the programme to their culture, reflecting the effectiveness and popularity of the programme. All the three training modules (parents, teachers and children) place great emphasis in promoting childrens positive behaviors by reinforcement, reducing misbehaviors using sensible skills and learning effective social skills through observational learning. Overall, this is a well-planned intervention programme and it is hopeful that Incredible Years can really helping creating incredible lives for the next generation.

Cryptographic Protocols for Electronic Voting Essay -- Technology Elec

Cryptographic Protocols for Electronic Voting After some preliminary research into the subject of electronic voting [BARL2003], it became apparent that there may be reason to mistrust current electronic voting systems. Further, as I studied a variety of voting systems, I realized I had little confidence that any of them (even paper ballots) would be guaranteed to produce a perfectly accurate tally. In my previous paper [BARL2003], I suggested the following definition: "An accurate voting system counts all valid votes with minimal processing error such that the intent of eligible voters is reflected in the final tally." I believe it is important for a voting system to (a) minimize error, (b) count all valid votes, and (c) preserve the intent of eligible voters in the final tally. At least in theory, I believe that today's electronic voting systems are capable of counting votes with minimal processing error. Assuming that all parties involved in the process of creating an electronic voting machine perform ethically, and that enough time, money, and effort is expended to do the job correctly, it should be possible to create a system that processes each entry that was received by the system. However, even making those assumptions, it is not quite that simple. There may be many reasons that a valid entry is not received by the system. For example, voters may be confused by the systems and may not enter their selections into the machine they way they intended. The system may "crash" before reporting its results. An eligible voter may be denied access to voting machines during the election interval . As far as I have been able to determine, the process for deciding the validity of a vote is subject to interpret... .../www.notablesoftware.com/Papers/1002evot.pdf [MERC2003] Mercuri, Rebecca. Website on "Electronic Voting" last updated September 1, 2003. http://www.notablesoftware.com/evote.html [PFIT1996] Pfitzmann, Birgit. Digital Signature Schemes: General Framework and Fail-Stop Signatures; Springer-Verlag, Berlin 1996. [PITT2003] Pitt, William Rivers. "Electronic Voting: What You Need to Know," Interview with Rebecca Mercuri, Barbara Simons, and David Dill, October 20, 2003. http://truthout.org/docs_03/102003A.shtml [RaRaNa] Ray, Indrajit and Ray, Indrakshi and Narasimhamurthi, Natarajan. "An Anonymous Electronic Voting Protocol for Voting Over the Internet." (Date of publication unknown.) http://citeseer.nj.nec.com/471417.html [SCHN1996] Schneier, Bruce. Applied Cryptography: Protocols, Algorithms, and Source Code in C; John Wiley & Sons, New York 1996.

The Conscience of Companies Today

Organizational or corporate social responsibility refers to the obligation of a business firm to seek actions that protect and improve the welfare of society along with its own interests. Corporate social responsibility often challenges businesses to be accountable for the consequences of their actions affecting the firm's stakeholders while they pursue traditional economic goals. The general public expects business to be socially responsible, and many companies have responded by making social goals a part of their overall business operations (Hay, 1989). This paper will discuss four companies that have a conscience towards our today's society, and helped to create a better community for all of us, they are Johnson & Johnson, American Telephone & Telegraph (AT&T), Herman Miller, and Procter & Gamble. A crisis confronted Johnson & Johnson in the fall of 1982, when seven Chicago area residents died after taking Extra-Strength Tylenol capsules contaminated with cyanide. Not only was $400-million-per-year Tylenol the best-selling U.S. drug, but it was a product that symbolized the Johnson & Johnson reputation for quality, gentleness, and fine health care (Kreitner, 1990). Despite the pressures of dealing with national media coverage, J&J executive immediately opened their doors to the press and took great pains to keep the public informed about the situation. It soon became apparent that the cyanide had been put into the capsules after they had left J&J's factories, and the problem seemed to be confined to the Chicago area. Nevertheless, Tylenol sales sank to 20 percent of their previous level, and an opinion poll showed that 61 percent of Tylenol users intended to stop using the product. A major question that arose was what to do about the 31 million bottles of Extra-Strength Tylenol on drugstore shelves throughout the country. The FBI and Food and Drug Administration advised J&J managers not to take any drastic action. Even so, the managers promptly took the unprecedented step of recalling the unsold bottles, at a cost to the form of $100 million (Fortune, 1987). A few weeks later they decided to reintroduce Tylenol capsules in a triple-sealed, tamper-resistant package. In the months following the tragedy, the company established a consumer hot line and continued extensive cooperation with media. It also made a widely advertised refund offer to consumers for any pre-crisis capsules they still had, and its chairman, James E. Burke, appeared on the Donahue show. In an opinion poll taken 3 months after the tragedy, 93 percent of the public felt that J&J had done a good job of handling its responsibilities. In considering these events, David R. Claire, J&J's president, said, â€Å"Crisis planning did not see us through this tragedy nearly as much as the sound business management philosophy that is embodied in out Credo.† The Credo's first opening sentence is: â€Å"We believe our first responsibility is to the doctors, nurses and patients, to mothers and fathers and all others who use our products and services.† (Pearce & David, 1987) . Unfortunately, the importance of relying on the Credo was soon demonstrated again by another crisis. In early 1986, a 23-year-old woman died after taking a cyanide-laced Tylenol capsule. The company quickly offered to the replace capsules with caplets, tablets in the shape of capsules. The replacement effort cost J&J $150 million. In addition, J&J announced that it would no longer offer Tylenol in capsules-another bold and costly move in keeping with its Credo. The actions of J&J in the two Tylenol incidents earned the company widespread praise. Among Fortune's 300 most admired U.S. corporations, J&J was rated number one in 1987 on community and environmental responsibility. J&J's action in the Tylenol situation were unusually swift, decisive, and costly. In the mid-1990s, Tylenol remains one of the America's most popular and trusted brand names (Guzzardi, 1990). The product commands nearly one-third of the $3 billion brand name analgesic market. No other brand approaches have even 50 percent of Tylenol's market share. American Telephone & Telegraph (AT&T) established goals for reducing air emissions, CFCs, solid waste, and hazardous waste in 1990. Under the direction of David R. Chittick, AT&T's vice-president of environment and safety, the company has either surpassed its operations, AT&T invested $25 million to develop an array of alternative technologies (Business Week, 1987). One, called how solids spray fluxer, eliminates the need for CFC solvents to clean excess flux from electronic circuit broads. AT&T is now selling this technology to some 25 other companies, among them IBM. AT&T even gives its ideas away at times, to help to create a better and safer environment for all. The company managed to eliminate virtually all its ozone-depleting substances a year and half before company's goal, and 2 years ahead of the worldwide ban. Now AT&T does not have to worry about the new U.S. law that requires companies to put warning labels on all goods that contain or are manufactured with ozone-depleting substances. The company figures that the cost of tracking and labeling all the tiny components and switching systems that it once manufactured with CFCs would add up to hundreds of thousands of dollars. The early phase out also will save AT&T $25 million annually. In addition, AT&T embraces total quality management (TQM) principles to solve the universal office pollution problem of too much paper. First, the company established a corporate paper reduction goal of 15 percent by 1995, then it created a corporate TQM team to figure out how to meet it. The department's TQM teams suggested simple ways to decrease paper consumption, such as eliminating cover pages and using electronic rather than printed media. The department was consuming 22 percent less paper within a year. Today, AT&T is one of the companies that has the reputation of saving the world. Company's ‘goes green' not only create a better place for communities, but also helping the company to save on a lot of costs. Herman Miller, Inc., proves that financial success and a constant striving to be a better corporate citizen are complementary, not contradictory, goals (Griffin, 1993). The company has long been as well known for its participative management system as for its innovative office furniture designs (Woodruff, 1991). The company is doing everything it can to lessen its adverse effect on the environment. It recycles leather, vinyl, foam, office paper, telephone books, lubricating oil, and even old office furniture. When it found that recycling 800,000 Styrofoam cups every year was not practical, it banned the cups and handed out 5,000 mugs. Instead of dumping into landfills the 4,000 tons of scrap fabric that it produces each year, it now ships them to a North Carolina firm that shreds them and turns them into insulation for car-roof linings and dashboards. Since 1982, much of the trash that can not be recycled has fueled Miller's waste-to-energy plant, which saves $750,000 a year in fuel and landfill costs and paid for itself in ten years, a decade ahead of schedule (Woodruff, 1991). Miller also recently spent $800,000 for two high-tech incinerators to burn the toxic solvents that escape during staining and varnishing. Miller's environmental consciousness extends beyond local and national products. One of the company's best-known products, the $2, 277 Earnes chair, was always finished with rosewood until the company's research manager realized that Herman Miller was contributing to the destruction of tropical rain forests. He consequently banned the use of rosewood and Honduran mahogany. Another test of Herman Miller's humane attitude came when some of its employees contracted the AIDS virus. When an AIDS victim in the company's Georgia plant decided to let the rest of the workers know about his condition, his supervisor took charge, acting as what Herman Miller Chairman Max DePree calls a â€Å"roving leader†. The supervisor told two managers, and then the three of them quickly told everyone in the plant, ensuring that rumors did not get started. On the next workday after the announcement, the company's director of health and wellness flew down from Michigan to show a video on AIDS and answer questions. With a history of such sensitivity to its environment and its workers, it is no surprise that Herman Miller tops lists of most-conscientious and best-managed companies (Nelson-Horchler, 1991). Procter & Gamble is another company that has a conscience by helping the community. The 23rd Summer Olympic Games will be held in Los Angeles, in July and August. This will be the high point of years of hard work and training by many of America's young athletes who are eager for an opportunity to make this country shine. But the U.S. Olympic Committee, which is responsible for fielding the U.S. team, depends on the American people to support these talented athletes. The U.S is the only major nation in the world whose Olympic athletes do not receive a continuing government subsidy. U.S competitors are supported solely by private donations. P&G has initiated several programs to help raise these funds, giving millions of Americans the chance to support this important cause (Cordtz, 1990). Five big separate coupon events, involving over thirty P&G brands, make up the company's Olympic promotions. They are designed to encourage consumer to purchase P&G brands and thus aid U.S. Olympic athletes. The company also sponsored a sweepstakes that helped to raise more funds. P&G Chairman of Board Owen B. Butler presented a check for $1 million, on behalf of the company to the U.S. Olympic Committee. P&G's past experience has taught the company to expect such business success. For the past four years, P&G has sponsored similar promotions benefiting the Special Olympics, and international sporting competition for mentally and physically handicapped children and adults. Business results have been very impressive. P&G helps itself by helping the communities. Four examples stated above say that corporate social responsibility does not necessarily lower profits but encourage firms to focus on long-run profits rather than short-run profits, and optimum profits rather than maximum profits (Post, Frederick, Lawrence, & Weber, 1996). Because of its obvious importance, organization proactively attempt to manage social responsibility (Van Fleet & Peterson, 1994). Moreover, the iron law of responsibility suggests that socially responsible behavior may have a positive long-run effect on organizational success.

Death Penalty in the Philippines Essay

1987 . But six yearsafter it has reimposed the death penalty, the Philippines has overtaken its Asian neighbors and hasthe most number of death convicts.Within less than a year, however, the military establishment was lobbying for its reimposition as ameans to combat the â€Å"intensifying† offensives of the CPP/NPA guerrillas. Gen. Fidel V. Ramos, thenChief of the Armed Forces of the Philippines and later elected President of the Philippines in 1992,was among those who were strongly calling for the reintroduction of the death penalty againstrebellion, murder and drug trafficking.In mid 1987, a bill to reinstate the death penalty was submitted to Congress. Military pressure wasvery much evident in the preamble which cited the pestering insurgency as well asthe recommendations of the police and the military as compelling reasons for the reimposition ofthe death penalty. The bill cited recent right wing coup attempts as an example of the alarmingdeterioration of peace and order and argued for the death penalty both as an effective deterrentagainst heinous crimes and as a matter of simple retributive justice .When Ramos was elected as President in 1992, he declared that the reimposition of the deathpenalty would be one of his priorities. Political offenses such as rebellion were dropped from thebill. However, the list of crimes was expanded to include economic offenses such as smuggling andbribery. In December 1993, RA 7659 restoring the death penalty was signed into law. The law makersargued the deteriorating crime situation was a compeling reason for its reimposition. The mainreason given was that the death penalty is a deterrent to crime. In 1996, RA 8177 was approved,stipulating lethal injection as the method of execution. Six years after Last February 5, 1999, Leo Echegaray, a house painter, was executed for repeatedly raping hisstepdaughter. He was the first convict to be executed since the re-imposition of death penalty in1995.His execution sparked once again a heated debate between the anti and the pro-death penaltyforces in the Philippines with a huge majority of people calling for the execution of Echegaray. Thatthere was a strong clamor for the imposition of the death penalty should be viewed from the pointof view of a citizen who is desperately seeking ways to stop criminality.The Estrada administration peddled the death penalty as the antidote to crime. The reasoning wasthat if the criminals will be afraid to commit crimes if they see that the government is determinedto execute them. Oppositors maintained that the death penalty is not a deterrent and that therehave been studies already debunking the deterrence theory. Legislators and politicians refused toheed the recommendation of the Supreme Court for Congr ess to review the death penalty riding onthe popularity of the pro-death penalty sentiment Six years after its reimposition, more than 1,200 individuals have been sentenced to death andseven convicts have been executed through lethal injection. Yet today, there are no signs thatcriminality has gone down.From February 6, 1999, a day after Leo Echegaray was executed, to May 31 1999 two leadingnewspapers reported a total of 163 crimes which could be punishable by death penalty. But perhapsthe best indicator that this law is not a deterrent to criminality is the ever-increasing number ofdeath convicts.From 1994 to 1995 the number of persons on death row increased from 12 to 104. From 1995 to1996 it increased to 182. In 1997 the total death convicts was at 520 and in 1998 the inmates indeath row was at 781. As of November 1999 there are a total of 956 death convicts at the NationalBilibid Prisons and at the Correctional Institute for Women.As of December 31, 1999, based on the statistics compiled by the Episcopal Commission on PrisonerWelfare of the Catholic Bishops Conference of the Philippines, there were a total of 936 convictsinterned at the National Bilibid Prisons and another 23 detained at the Correctional Institute forWo men. Of these figures, six are minors and 12 are foreigners. One of the reasons as to why human rights groups oppose the death penalty is because of theweaknesses and imperfections of the Philippine justice system. This is very much evident in thereview of death penalty cases made by the Supreme Court from 1995 to 1999. Two out of everythree death sentences handed down by the local courts were found to be erroneous by the SupremeCourt.Out of the 959 inmates the SC reviewed 175 cases involving 200 inmates from 1995 to 1999; 3cases were reviewed in 1995, 8 in 1996, 8 in 1997, 38 in 1998, 118 in 1999.Of these 175 cases, the SC affirmed with finality and first affirmation only 31% or 54 casesinvolving 60 inmates. Of these cases 24 were affirmed with finality, while the remaining 36 weregiven first affirmation.Sixty nine percent (69%) or 121 cases were either modified, acquitted or remanded for retrial.Eighty four (84) cases involving 95 inmates were modified to reclusion perpetua, 10 cases involving11 inmates were modified to indeterminate penalty , 11 cases involving 11 inmates were remanded tolower court for retrial and 16 cases involving 23 inmates were acquitted by the SC.. In a study prepared by the Free Legal Assistance Group (FLAG), it pointed out that the result ofthe review of cases done by the Supreme Court â€Å"point all too clearly to the imperfections,weaknesses and problems of the Philippine justice system†. Some decisions of the trial courts wereoverturned for imposing death penalty on offenses which were not subject to death penalty. Otherdecisions of the lower courts were set aside because of substantive and procedural errors duringarraignment and trial. Still others were struck down because the lower court mis-appreciatedevidences.In a survey conducted among 425 convicts in 1998, 105 or 24.7% were agricultural workers, 103were construction workers, 73 were transport workers, and 42 were in workers in sales andservices. Only 6% finished college while 32.4 % finished various levels of high school while theremaining did not go to school or have finished only elementary or vocational education It is perhaps important to point out that out of these 46 crimes punishable by death, the deathpenalty has been applied to only 17 crimes. No one has been convicted of qualified bribery, qualifiedpiracy and plunder. Interestingly also, no public official has been sentenced to death for crimesinvolving public officials.Yet, the government maintains that it is effective in combatting crime. Under the death penaltylaw, 46 crimes are considered heinous and are now subject to the death penalty. It imposes themandatory death penalty on 21 crimes while the other 25 crimes are death eligible. These arecrimes for which a range of penalties including the death penalty is imposed.Some Congressmen and Senators are proposing other lists of crimes to add to the above. Some evencontemplated lowering the age of those punishable by the death penalty to include youthfuloffenders.The death penalty is an easy way out for a government in the face of a strong outcry from thecitizenry who wanted the government to stop criminality. It is being used to create the illusion thatthe government is doing something to stop the crimes when in fact it is not.Sad though it maybe, more lives would be lost unless the death penalty in the Philippines is repealed. SANTOS A. LABANPHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATESAquino administration 1987 According to the 1987 Constitution,Art. III (Bill of Rights), Sec. 19.(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, theCongress hereafter provides for it. Any death penalty already imposed shall be reduced toreclusion perpetua.In mid-1987, a bill to seeking to reinstate the death penalty for 15 ‘heinous crimes’ includingmurder, rebellion and the import or sale of prohibited drugs was submitted in Congress. 1988 In 1988, the military started lobbying for the imposition of the death penalty. Then Armed Forcesof the Philippines Chief General Fidel Ramos was prominent among those calling for thereintroduction of the death penalty for rebellion, murder and drug-trafficking. The militarycampaign for the restoration of the capital punishment was primarily against the CPP-NPA, whoseoffensives then included urban assassination campaigns.Anti-death penalty groups including Amnesty International opposed the bill, but the House ofRepresentatives voted for restoration by 130 votes to 25. 1989 Three similar bills were put before the Senate. After a bloody 1989 coup, President Aquinocertified as urgent one of these bills on the prompting of Ramos. The said bill again proposed deathpenalty for rebellion, as well as for sedition, subversion and insurrection. 1990 The Senate suspended the vote on death penalty for a year 1991 The Senate did not agree to move to a decision. Ramos administration A series of high profile crimes during this period, including the murder of Eileen Sarmenta andAllan Gomez, created public impression that heinous crimes were on the rise. The Ramosadministration succeeded in restoring death penalty. 1992 President Fidel Ramos during his first State of the Nation address declared that hisadministration would regard the restoration of the death penalty a legislative priority, and urgedCongress to take speedy action. 1993 Ramos signed into Republic Act 7659, the new death penalty law, on December 13, 1993. 1994 Republic Act 7659 took effect on January 1, 1994. 1996 Republic Act No. 8177, which mandates that a death sentence shall be carried out through lethalinjection, was approved on March 20, 1996. Estrada administration Seven death convicts were executed during the Estrada administration before he announced amoratorium on executions. 1999 Leo Echegaray, 38, was executed by lethal injection on February 5, 1999. He was the first to beexecuted after the Philippines restored death penalty. It was the Philippine’s first execution in 22 years. Six more men followed within the next 11 months. 2000 On March 24, 2000, Estrada imposed a de facto moratorium in observance of the Christian JubileeYear. He also granted 108 Executive Clemencies to death convicts.On December 10, 2000, Human Rights Day, Estrada announced that he would commute sentences ofall death convicts to life imprisonment. He expressed his desire to certify as urgent a bill seeking arepeal of the Death Penalty Law. Arroyo administration Please see Gloria Arroyo on death penalty–a timelineWhile the Arroyo administration has been characterized by a flip-flopping stand on death penalty,no death convict has been executed under her watch.Voting separately, the two Houses of Congress on June 6, 2006 repealed the death penalty law.Arroyo signed Republic Act 9346 on June 24, 2006. The law prohibited the imposition of the deathpenalty. History of death penalty in the Philippines The history of the death penalty was extensively discussed by the Supreme Court in People vs.Echegaray. [1] As early 1886, capital punishment had entered the Philippine legal system through theold Penal Code, which was a modified version of the Spanish Penal Code of 1870. The Revised Penal Code, which was enforced on 1 January 1932, provided for the death penalty inspecified crimes under specific circumstances. Under the Revised Penal Code, death is the penaltyfor the crimes of treason, correspondence with the enemy during times of war, qualified piracy,parricide, murder, infanticide, kidnapping, rape with homicide or with the use of deadly weapon orby two or more persons resulting in insanity, robbery with homicide, and arson resulting in death.The list of capital offenses lengthened as the legislature responded to the emergencies of thetimes.In 1941, Commonwealth Act (C.A.) No. 616 added espionage to the list. In the 1950s, at the heightof the Huk rebellion, the government enacted Republic Act (R.A.) No. 1700, otherwise known as theAnti-Subversion Law, which carried the death penalty for leaders of the rebellion. From 1971 to1972, more capital offenses were created by more laws, among them, the Anti-Hijacking Law, theDangerous Drugs Act, and the Ant i-Carnapping Law. During martial law, Presidential Decree (P.D.)No. 1866 was enacted penalizing with death, among others, crimes involving homicide committedwith an unlicensed firearm.In the aftermath of the 1986 revolution that dismantled the Marcos regime and led to thenullification of the 1973 Constitution, a new constitution was drafted and ratified. The1987Constitutionprovides in Article III, Section 19 (1) that:Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neithershall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congresshereafter provides for it. Any death penalty already imposed shall be reduced to reclusionperpetua.Congress passed Republic Act No. 7659 (entitled â€Å"An Act to Impose the Death Penalty on CertainHeinous Crimes, Amending for that Purpose the Revised Penal Code, as Amended, Other SpecialPenal Laws, and for Other Purposes†), which took effect on 31 December 1993.Constitutional challengeThis is extensively discussed in the case of People vs. Echegaray. (For editing)Abolition of death penaltyOn 24 June 2006, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9346,entitled â€Å"An Act Prohibiting the Imposition of Death Penalty in the Philippines† Effectivity of the new law Section 5 of R.A. No. 9346 specifically provides that it shall take effect immediately after itspublication in two national newspapers of general circulation. This is pursuant to Article 2 oftheCivil Codewhich provides that laws shall take effect after 15 days following the completion oftheir publication either in the Official Gazette, or in a newspaper of general circulation in thePhilippines, unless it is otherwise provided.R.A. No. 9346 was published in Malaya and Manila Times, two national newspapers of generalcirculation on 29 June 2006. Accordingly, R.A. No. 9346 took effect on 30 June 2006. [2] Illustrative cases As a result of the abolition of the death penalty, existing penalties for death were reducedtoreclusion perpetua, within the possibility ofparole. Here are illustrative cases: The case of People of the Philippines vs. Quiachon [3] involves an accused who raped his 8-year olddaughter, a deaf-mute. Under Article 266-B of theRevised Penal Code, the imposable penaltyshould have been death. With the abolition of the Death Penalty, however, the penalty was reducedtoreclusion perpetua, without the possibility of parole under theIndeterminate Sentence Law. The case of People of the Philippines vs. Santos [4] involves therapeof a 5-year old child. Theaccused was meted the penalty of death because rape committed against a  ¶child below seven (7) years old · is a dastardly and repulsive crime which merits no less than the imposition of capitalpunishment under Article 266-B of theRevised Penal Code. The sentence was also reducedtoreclusion perpetua, without the possibility ofparole. The case of People vs. Salome [5] involves arapeof a 13-year old girl (who got pregnant), committedin a dwelling and with the aid of a bladed weapon. The imposable penalty should have been death,but with the abolition of the Death Penalty, theSupreme Courtreduced the penalty toreclusion perpetua, without the possibility ofparole. The case of People of the Philippines vs. Tubongbanua [6] involves the murder of a victim whosuffered 18 stab wounds which were all directed to her chest, heart and lungs. Considering theexistence of the qualifying circumstance of evident premeditation and the aggravatingcircumstances of dwelling, and taking advantage of superior strength without any mitigatingcircumstance, the proper imposable penalty would have been death. However, with the abolition ofthe death penalty law, the penalty imposed wasreclusion perpetua, without the possibility ofparole