Explain What Is Meant by the Term ‘Statutory Interpretation’ and to What Extent Does This Compliment or Undermine the Role of the Parliament?

Explain what is meant by the term ‘statutory interpretation’ and to what extent does this compliment or undermine the role of the parliament? Statutory interpretation refers to a process used by the courts when it looks at a piece of statute to interpret what its definition is. A statute is a bill also known as a law which was passed by the legislature (Parliament) that imposes rules on people. However these ‘statutes’ may be open to interpretation and are occasionally are riddles with ambiguities. So statutory interpretation is the process that focuses on resolving these ambiguities and deciding how a particular bill or law will apply in a particular case. Some statutes have a very clear and straight forward meaning to them and therefor interpreting them incredibly easy, but in many cases there can be ambiguities and vagueness in the wording of the statute that the judges must try and resolve for the sole purpose of stopping and absurdity occurring. Courts can only interpret the law they do not question the origins or the reason. There are numerous rules when it comes to statutory interpretation, the first and most important of these rules is the rule that governs and deals with the statutes plain language, the rule is essentially the statute means what it says, For example if the statute refers to vehicles it would be interpreted as vehicles not planes or submarines. This is known as the Literal rule and it looks at the statute in its natural and ordinary meaning in its context. The advantage and disadvantages to using this rule is that it does encourage precision in drafting laws, well unless the Legislature had any reason to be deliberately careless. t also is meant to bring a certain sense of certainty, however there is no certainty when It comes to something like literalism so can that really be the case? , It is next to useless when a judge is trying to interpret an act where broad terms have deliberately been used however the fact remains that the ability to draft a perfect bill is impossible. And the case still remains that it gives the law making power or at least the powers to â€Å"bend† laws to judges something which is in violation of the idea of Parliamentary supremacy. An Example of the Literal rule is; â€Å"Whitely v, Chappell (1869). The defendant had voted in the name of a person who had died, but was found not guilty of the offence of personating ‘any person entitled to vote’: a dead person is not entitled to vote. † (http://legal-directory. net/english-law/interpretation-literal-rule. htm) Another rule that governs statutory interpretation is the mischief rule, and according to the law commission it was regarded as the most satisfactory of the three rules, Its basic purpose is to allow the courts to look into and stop the mischief that the law was passed to prevent, an example of this rule being put into effect Is; â€Å"Smith v. Hughes 1960, a prostitute solicited from inside a building to the street. A private building was held to be a â€Å"street or public place† for the purposes of the Act to avoid the mischief of harlotry. †(http://e-lawresources. co. uk/Adler-v-George. php) However unlike the literal rule it doesn’t take away from the idea of parliamentary supremacy too much as they still apply the law in the same way that parliament intended it to be. The final and third rule is the Golden rule, this is basically the rule which comes into play if the following of the Literal rule would create an absurdity, so the courts are allowed to interpret and apply a secondary meaning to it. A really good case example is the case of Adler v George (1964) that stated Under the Official Secrets Act 1920 it was an offence to obstruct a member of the armed forces ‘in the vicinity' of a prohibited palace. The defendant was actually in the prohibited place, rather than ‘in the vicinity' of it, at the time of obstruction. ( http://e-lawresources. co. uk/Adler-v-George. hp) The courts however knew that following the literal interpretation of this law would lead to an absurdity and they used the golden rule to determine it was â€Å"absurd† to thing a law would apply near something and not inside it. Statutory interpretation is a tricky task, so judges can use different things to help them in there tasks these are called â€Å"aid s† and they come in two different forms ‘Intrinsic aids’ these are something that is found within the act of parliament itself that they can use to try and interpret and apply the act with and ‘extrinsic aids’ these are things found outside of the act of parliament. An examples of an Intrinsic aids is the short title of the bill. However there are far more Extrinsic aids for example; the courts may call upon Dictionaries to find the definition of words to aid in exact interpretation, Especially if dealing with the Literal rule. They may also refer to previous Acts and how they were interpreted in the past if a new act of parliament is replacing a previous one. They also use the law commissioned reports to see why the law was created, something that would come in very handy if trying to apply the Mischief rule. They may also refer to the Hansard; this is edited verbatim report of all the proceedings in both of the houses of parliament. Important things to know about that is that judges may only look at statements made by a minister or another promoter of the bill. The whole idea of these 3 rules does make the concept of Parliamentary supremacy a bit feeble, as the ability to interpret and bend the law is completely at the Judge’s discretion. It does degrade the Idea Significantly.

Bee Season by Myla Goldberg

The novel entitled â€Å" Bee Season,† which is written by a great American Novelist and Musician named Myla Goldberg tells about the profound story of young girl whose intent is driven by her admirations of conquering the national spelling bee contest and her journey of facing the aftermath of her achievement.Basically, the story of this novel is bound within the limits and narrative of a family, which tackles the broad range and the various faces of domestic problems and difficulties among the family members.As for this novel, the conflict of interest within the family is considered to be one of the main aspects in the story, which dictates the progress of the novel's narrative. More so, the awareness of practicing personal autonomy, individual desire and differences in the family are of the most signifant features of the novel.On the other hand, this novel also enlightens the narrative as to how and why the young ones are affected by the various difficulties and negatives a spects of life. Thus, through the representation of Eliza Naumann, one of the main characters in the novel, the author, Myla Goldberg, provides a clear picture as to how the younger members of the family would lose their innocence and pollute their young percpetions as they slowly began to witness and face the harsh realty of life.Overall, this novel tells about the story of Saul Naumann who â€Å"spends the first portion of his life as Sal Newman, son of Henry and Lisa Newman, decorator of Christmas trees and Easter eggs† (Goldberg 2000, p. 110). Eliza Naumann, a seven-year-old girl the sole member of a gifted family who remains to be classified as a typical individual in a sense that she is less fortunate in terms of academic achievements. She is very much different from that of her brother and her parents.â€Å"Since being designated three years ago as a student from whom great things should not be expected† Eliza Naumann, for a certain time, is considered as a medi ocre not just in her family but also in the academe, as per the definition and point of view of her teachers and mentors (Goldberg 2000, p. 101). With this condition, as a student and the youngest in the family, Eliza has lived her life without the favorable guidance and support of her parents and of the other members of the family.Thus, for almost the entire span of her existence, Eliza is not aware and is deprived of knowing the activities of her parents and brothers. Far from the awareness of Eliza, the majority of her family is a practicing a strict religious way of life. Her father, Saul, works as a cantor in the local House of Prayer in their community and her mother, Miriam, works as a local lawyer, while her brother is a prolific and gifted student who reads and recites Hebrew through the intensive guidance of their father.Though it seems acceptable that Eliza Naumann accepts and understands her primary stand as mediocre and less important status in the family, she still has an exceptional gift that would alter the seat she occupies in the family. Fortunately, Eliza has discovered her exceptional gift in spelling as she won in the class and school spelling bee contest, which has served to be the start of something new in her life. This incident and the series of events in the life of Eliza have brought her to a new begginng, as she slowly attracted the attention of her parents.â€Å"When Eliza studies, it is like discovering her own anatomy† and it is no doubt that she has this kind of skill and gift, as she is a product of a well-rounded and gifted family. Since then on, Eliza's life has never been the same anymore. From a mediocre situation with a less signifcance in the family, Eliza's success in the spelling bee has gathered the respect and support of her father, Saul, who decided to teach her and encouraged her to study the works of religoius writers.In a sense, it can be said that through the success, which Eliza Naumann has gathered in wi nning all the preliminary spelling bee that she participated, she has lost her innocence as an ordinary young girl that belongs to a well-established and reputable family. As her success brought about an intensive attention to her family, Eliza's father has introduced her the religious way of life and belief that he has for most of his life.Thus, these changes have altered the young perception and existence of Eliza, as she has become more oriented and aware of different philosophy and beliefs with the help of her father's encouragement. More so, through the confidence and recognition that she got from winning the spelling bee in her school and in their district division, Eliza is more capable of doing and learning other things that would further enhance her awareness and knowledge as an individual, which has paved the way for her to lose her innocence.Lastly, witnessing and facing the harsh realirty of life and problems of their family, more especially with her mother ending up in the psychiatric hospital due to insanity, Eliza's innocence as a young girl has been jeopradized and sacrificed, which in the end, gave her the reason to let go of her innocence and do what she think is right and practices self autonomy.In the end, though Saul â€Å"would like to think he has kept his distance in order to protect his daughter from his unfulfilled hopes† (Goldberg, 2000, p. 161). His desire in shaping his children according to his beliefs and philosophy has still affected the innocent mind and perception of Eliza Naumann, as seen in the latter pasrt of the novel when she conciously mispelled a words in their class spelling bee (Goldberg, 2000). Reference Goldberg, M. (2000). Bee Season. New York: Anchor Books.

How are Transnationalism and Europeanisation transforming the political geographies of nation-States? Discuss, with examples.

Abstract Transnationalism and Europeanistaion is the concept of downloading the structures of the European Union (EU) to the domestic level.When implementing such structures, however, the changes that are made within State territories are extended to include shared beliefs, rules, discourses, identities and policies. This, in effect, seems to be a two way process which provides territorial States with greater control over the political geographies of their nation States. Although this affects the attainment of a fully integrated EU, the same structures are still being employed which demonstrates the overall impact Europeanisation has upon nation States. This study will examine the effect Transnationalism and Europeanisation has upon the political geographies of nation States and a demonstration as to how the political geographies of these States are transformed will be given. Introduction Transnationalism refers to the transborder relations and interactions that exist between individuals, firms, institutions and groups. In doing so, the cultural and political characteristics of nation States combine, which in turn leads to Europeanisation (Featherstone and Radaelli, 2003). Europeanisation is defined as; â€Å"an incremental process of re-orienting the direction and shape of politics to the extent that EC political and economic dynamics become part of the organisational logic of national politics and policy making† (Howell, 2002: 6). Overall, Europeanisation is the downloading, to the domestic level, of European Union (EU) regulations, directives, regulations and institutional structures. Transnationalism and Europeanisation are therefore concerned with the inter-relationships between individuals, States and territories, which transforms the political geographies of nation-States. This study will demonstrate how Transnationalism and Europeanisation transforms th e political geographies of nation-States by reviewing relevant academic literature within this area and providing applicable examples of how Transnationalism and Europeanisation transforms the boundaries, divisions and possession of States. The difficulties with attaining completing EU integration will also be discussed, followed by a review as to whether the current processes are effective or not. Overview of how Transnationalism and Europeanisation are transforming the political geographies of territorial States Political geographies of territorial States are defined by borders, despite the fact that the EU intends to establish a fully integrated system. Transnationalism and Europeanisation impacts the political geographies of such States by making a distinction between State sovereignty and European integration and subsequently abrogating State sovereignty (Jacobsson et al; 2013: 70). The understanding of Transnationalism and Europeanisation has, nonetheless, been extremely complex for some time, although Europeanisation is generally considered a paradigm of Transnationalism (Maria, 2010: 1). Transnationalism and Europeanisation therefore describes the two way process of policy change that occurs between the EU and domestic governance structures. This is different from European integration, which relates to the one way process of the EU’s impact upon Member States. Distinct structures of governance are thus created through Europeanisation (Cowles et al, 2001: 1) and consist of  "formal and informal rules, procedures, policy paradigms, styles, shared beliefs and norms† (Featherstone and Radaelli, 2003: 30). The development of these distinct structures of governance has, nonetheless, been considered to generate â€Å"adaptational pressures† that are conditioned upon the ‘goodness of fit’ between EU and national policies (Cowels et al; 2001: 2). Accordingly, Europeanisation is a process of change whereby domestic structures are influenced by the processes of the EU system of governance. These are then used to shape the policy outcomes of domestic actors (Dyson and Goetz, 2003, 20), which is said to remove the borders of geographical territories within the EU. Regardless, borders are still important in helping to develop territories that are divided by State boundaries and in analysing modern political geography (Nelles and Walther, 2011: 6). Boundaries also form part of an ideology and are effective in demonstrating the limits associated with territorial ownership and control (Herrschel, 2011: 173). Borders are therefore necessary in distinguishing between territorial States. Since the Revolutions of 1989 overthrew the communist States, however, significant transformations have been made to the borders contained within the EU. The concept of Europeanisation has had a significant effect upon nation States, though at the same time it has developed multifaceted contours. This is due to the fact that it is such a contested notion and is resultantly extremely difficult to define. It has, however, recently been described as a â€Å"social act having politico-geographical motivations† (Marciacq, 2012: 1). Whilst there are many different conceptions of Europeanisation, it cannot be said that they are all equally sound. This causes controversy within the political geographies of territorial States and as argued by Driver (1991: 268); â€Å"what was once considered a moribund backwater is now fertile ground for original research and lively debate.† Nevertheless, Europeanisation is the transnational flow of people, ideas, practices and customs across all EU borders (Ydesen, 2013: 172). Not only does Europeanisation have an effect upon Member States, but it is also has an effect upon Non-Member States. T his occurs as a result of the EU’s co-operation with third countries and as expressed by neo-institutionalists; â€Å"the analysis of the organisational field of the external dimension of EU migration policy reveals interorganisational dynamics that are likely to impact on the policy output in non-Member States and shape Europeanisation processes† (Wunderlich, 2009: 22). Development of the Argument Europeanisation has transformed the political geographies of many territorial States and has had a positive impact upon the conflicts that occur between Member and Non-Member States, through integration and close association (Featherstone and Radaelli, 2003). Nevertheless, as Germany and Poland have failed to integrate fully, much confliction still exists between the two territories (Kratke, 2007: 1). The German side of the border is detrimentally affected, whilst the Polish side of the border has improved economically (Nelles and Walther, 2011: 6). One of the main objectives of Europeanisation was to ensure that States became fully integrated, yet many barriers still exist. This has been described as an â€Å"unnatural and dysfunctional unit† (Ohmae, 1995: 42), though it is unclear whether such borders will ever be fully opened up (Mingus, 2006: 577). If the EU is to become fully integrated, this will be a necessary requisite although it is likely that many States will be rel uctant to become borderless for fear that sovereignty will be undermined. In addition, borders are now being used in order to resolve many underlying issues that arise within the EU, such as immigration, crime and environmental problems. As a result, borders are being recognised as having significant importance and although it is important that the EU becomes fully integrated, it is also necessary for effective controls to exist (Gabbe, 2010). Cross-border co-operation will be capable of allowing for â€Å"the discovery and furtherance of common interests and the acknowledgement of differences† (O’Dowd, 2010: 32). Arguably, it is clear that divides continue to exist within the EU and it is questionable whether these can be overcome given the cultural and political differences that exist within territorial States. Provided that State co-operate with each other, effective Europeanisation will be ascertained; â€Å"cross-border co-operation helps lessen the disadvantages of the border, overcome the periphery status of the border regions and imp rove the living standards of people in the area† (Gronau, 2011: 3). Therefore, if territorial States, such as Poland and Germany, co-operate with each other and embrace the changes that are being created by Europeanisation, the problems that currently exist will be overcome. Cross-border boundaries produce many difficulties for the attainment of a fully integrated EU, yet it has been suggested that boundaries are actually â€Å"fading away in the post-modern, globalized world† (Passi, 2010: 678). Therefore, although Transnationalism and Europeanisation are transforming the political geographies of territorial States and establishing an integrated EU, territoriality still exists. It remains to be seen whether this will ever be any different given that boundaries are a symbol of sovereignty. Furthermore, because Europeanisation still has an impact upon Member and Non-Member States alike, it is questionable whether a borderless world is in fact needed since the structures of the EU are still being adopted regardless (Gabbe, 2010: 3). Consequently, it appears in view of this that closed borders are primarily required to tackle immigration, crime and environmental problems and that as a result of Europeanisation, territorial States are adopting the str uctures of the EU regardless as to whether the borders are open or closed. Therefore, whilst a fully integrated EU would be advantageous, it cannot be said whether the drive for this exists as a real entity or a mere political entity. Transnationalism and Europeanisation have evidently transformed the management of borders both inside and outside the EU by striving for integration and co-operation. However, many believe that the ‘Fortress Europe’ notion still exists (Willem, 2006: 13). Since the Schengen Agreement was entered into in 1995, however, the EU has become even more integrated. This has been considered one of the â€Å"greatest achievements of the EU† (European Commission, 2013: 1). The Schengen Agreement provided the EU with an area that exists without internal borders, which provides individuals with the ability to circulate freely without being subjected to border checks. Whilst this makes it easier for citizens within the internal borders, tighter controls are placed upon the external borders to ensure the protection of those within the Schengen area (Alscher, 2005: 126). This effectively creates a Fortress Europe on the external borders whilst creating a free Europe on the intern al ones. Whilst Europeanisation transforms the political geographies of nation States, it is internalised differently and depends entirely upon the territorial States willingness to change. Therefore, whilst Europeanisation does strongly influence integration, it has been pointed out that the process is â€Å"uneven at both the domestic and regional level† (Anastasakis, 2005: 77). This is because at the regional level differentiation and diversity continues to persist amongst countries and at the domestic level there is a constant battle between reform and reaction. Europeanisation is simply a process that territorial States are to adopt in order to achieve economic integration and create a set of ideals that are being conformed to by all EU Member States. Yet, the workability of this will depend entirely upon the willingness of territorial States. Co-operation amongst States should therefore be encouraged in order to overcome any problems that arise with regards to cross-border relations and to provide adequate protection to citizens. It is unlikely that this will be achieved with ease given the lack of co-operation that currently exists in territories such as G ermany and Poland, yet provided that nation States have a common set of goals, any sensitivity that exists will be dealt with accordingly. Conclusion Overall, Transnationalism and Europeanisation transforms the political geographies of nation-States by establishing common goals and desires that are to be adopted by all States within the EU. Whilst Europeanisation generally seeks to achieve an integrated Europe, territorial States are still being defined by borders. However, in spite of this Transnationalism and Europeanisation still impacts the political geographies of nation States by distinguishing between State sovereignty and European integration. Borders of geographical territories are said to be removed by Europeanisation, yet many borders still exist in order to maintain control and securitization. Europeanisation has, nevertheless, transformed the political geographies of many territorial States by positively impacting the conflicts that transpire between Member and Non-Member States. This is achieved through integration and close association, yet not all States have successfully integrated. This is due to the reluctance o f States to abrogate sovereignty. As a result, divides continue to exist within the EU, despite the attempts that have been made to the adoption of Europeanisation. Hence, it is questionable whether these divides can be rectified given the cultural and political differences that exist within territorial States. The attainment of a fully integrated EU seems to be affected as a result of this, yet the same structures of Europeanisation are still being incorporated regardless of the fact that cross-border boundaries are still being maintained by some States. Thus, because Europeanisation still impacts upon Member and Non-Member States, it is unclear whether a borderless world is needed given that borders help to tackle immigration, crime and environmental problems. Still, it is manifest that Transnationalism and Europeanisation does transform the political geographies of nation-States as a whole. References Alscher, S. (2005) ‘Knocking at the doors of â€Å"Fortress Europe†: Migration and Border Control in Southern Spain and Eastern Poland’, The Centre for Comparative Immigration Studies, University of California, Working Paper 126. Anastasakis, O. (2005) ‘The Europeanisation of the Balkans’ Brown Journal of World Affairs, Volume 12, Issue 1. Cowles, M. G., Caporaso J. A. & Risse Th. (eds.) (2001), Europeanisation and Domestic Change, New York: Ithaca. Driver, F. (1991) ‘Political Geography and State Formation: Disputed Territory’ Progress in Human Geography, Volume 15, Issue 1. Dyson, K. & Goetz, K. H. (eds.) (2003), Germany, Europe and the Politics of Constraint, Oxford; Oxford University Press. European Commission. (2013) ‘Schengen, Borders and Visas’ Home Affairs, [Online] Available at: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/index_en.htm [17 February 2014]. Featherstone, K. & Radaelli, C. (eds.) (2003), The Politics of Europeanisation, Oxford: Oxford University Press. Gabbe, J. (2010) ‘Legal Status of Cross-Border Co-Operation Structures – Past, Present and Prospects’ [Online] Available at: http://enpi.interact-eu.net/downloads/40/AEBR_Factsheet_Legal_Status_of_Cross_Border_Cooperation_Structures_Past_Present_and_Prospects.pdf [17 February 2014]. Gronau, A. (2011) ‘European Charter for Border and Cross-Border Regions’ [Online] Available: http://www.aebr.eu/files/publications/110915_Charta_EN_clean.pdf [17 February 2014]. Herrschel, T. (2011) Borders in Post-Socialist Europe: Territory Scale Society, Ashgate Publishing Ltd. Howell, K. (2002). ‘Developing Conceptualizations of Europeanisation and European Integration: Mixing Methodologies’ ESRC Seminar Series / UACES Study Group on the Europeanization of British Politics, Research Unit for Institutional Governance. Jacobsson, B. Laegreid, P. and Pedersen, O. K. (2013) Europeanisation & the Transformation of States, London, Routledge, Political Science. Kratke, S. (2007) Metropolisation of the European Economic Territory as a Consequence of Incerasing Specialisation of Urban Agglomerations in the Knowledge Economy, European Planning Studies, Volume 15, Issue 1. Marciacq, F. (2012) ‘The Political Geographies of Europeanisation: Mapping the Contested Conceptions of Europeanisation’ Journal of Contemporary European Research, Volume 8, Number 1. Maria, A. (2010) ‘Approaching the Euopreanisation process from a cosmopolitan perspective’ [Online] Available at: http://www.idec.gr/iier/new/Europeanization%20Papers%20PDF/Angelopoulou%20-%20Approaching%20the%20Europeanisation%20process%20from%20a%20cosmopolitan%20perspective.pdf [17 February 2014]. Nelles, J. and Walther, O. (2011) Changing European Borders: From Separation to InterfaceAn Introduction, Journal of Urban Research, [Online] Available: http://articulo.revues.org/1658 [17 February 2014]. Mingus, M. S. (2006) Transnationalism and Subnational Paradiplomacy: Are Governance Networks Perforating SovereigntyInternational Journal of Public Administration, Volume 29, Issue 8. Nelles, J. and Walther, O. (2011) Changing European Borders: From Separation to InterfaceAn Introduction, Journal of Urban Research, [Online] Available: http://articulo.revues.org/1658 [17 February 2014]. O’Dowd, L. (2010) The Changing Significance of European Borders, Regional and Federal Studies, Volume 12, Issue 4. Ohmae, K. (1995) The End of the Region State: The Rise of Regional Economies. London: Harper Collins. Paasi, A. (2010) Boundaries as Social Practice and Discourse: The Finnish-Russian Border, Regional Studies, Volume 33, Issue 7. Willem, P. (2006) ‘Freedom of Movement within Fortress Europe’ Archive of European Integration, Biennial Conference 2005. Wunderlich, D. (2009) ‘Governance Networks in the External Dimension of EU Migration Policy: Europeanisation Through the Grapevine?’ [Online] Available at: http://aei.pitt.edu/33165/1/wunderlich._daniel.pdf [17 February 2014]. Ysden, C. (2013) ‘Europeanisation Education: Governing a New Policy Space’ Journal of Education Policy. Best Foot Scrubber available at: http://bestmakeuplooks.com/beauty/best-foot-scrubber/

China Compare to Australia

Abstract Consumer behaviour is important for any marketer. Cross cultural analysis provides crucial information as to what can be successful exported to international markets. In relation segmentation in China Australians need understand culture, subculture and cross-cultural affiliation. Another important factor when considering marketing opportunities is Maslow’s Hierarchy of needs. It is ever present that there are economic and cultural differences within China. Due to increased globalization and increased Westernisation of China cultures are beginning to blend.Understanding these two theories is imperative for exporters trying to expand into the diverse and complex Chinese market. Introduction: Cross-Cultural Analysis The Australia -China Free Trade Agreement (ACFTA) is offering the opportunities for Australian exporters to a gain more sustainable competitive advantages in the second largest economy in the world. Chinese domestic economic growth, liberalisation, and recent membership to the World Trade Organisation have given opportunities for Australian exporters and firms to expand in China (ACCI, 2004).Therefore, cross – cultural analysis has become an important tool for Australian marketers in analysing to what extent consumers of the two different nations differ. As a result, marketers will be able to study and understand in-depth the foreign market which to whom they will market their products to, since cultural acknowledgement will have a significant impact to every aspects of marketing particularly in segmenting the market and understanding the consumers' behaviors. People from different countries have different culture that shaped their characteristics and behaviors in their purchasing activity.Chinese Culture vs. Australian Culture (Segmentation: Culture, subculture and cross-cultural affiliation) Consumer behaviour is the most essential aspect of marketing, which outlines what consumers’ need, and what influences their buying behaviour. Therefore, it is vital to discuss the cultural, social, personal and physiological characteristic of the Chinese consumers in order for Australian marketers to understand Chinese consumer behaviours in order to successfully penetrate into the Chinese market. There are several ifferent studies conducted by experts which accentuate that the immature Chinese market's behaviour is similar to Australian culture who are price and brand sensitive, and are now constantly moving towards mature market, who view the well known foreign brands with superior quality and service as leverage to their social status (Yi-You, 2004). This movement is the result of the Chinese culture that underpins the importance of social status and a robust economy that boosts consumer confidence in spending (Giele, 2009). For instance, the sales figure for luxury cars in China has surprisingly increased within 2005-2010.According to the customs figures China has imported more than 100,000 luxury cars in recent years, approximately valued at $4. 84 billion (China Business, 2006). This example underlines the growing Chinese economy that significantly affected by consumers' spending bahaviour. It is obvious that Australia is similar in a sense where we live in a culture that underpins importance of social status; however this does not mean Australians will go out and buy a luxury car for the sake of promoting their economical situation.Australian consumers tend to use a cost-benefit analysis, that is, will the benefits of the vehicle outweigh its price, if yes sales will tend to increase, if no sales will drop (Reh, 2009). Therefore while there is a small similarity in demographic segment opportunities (socio-economical status), the buyer behaviour decision still differs. Luxury Cars Thus, it is crucial for Australian marketers to choose the best entry and pricing strategies to gain the potential market's loyalty and trust.In relation to the car industry, Australian subsidiaries such as Holden and Ford can penetrate the market with their high end vehicles the Calais, Caprice, Senator and Mondeo and ultimately make Chinese consumers aware of the quality and luxury that such brands underpin (Financial Times, 2009). In doing so exporters need to set themselves aside from competitors including Mercedes, BMW, AUDI and even neighbouring brand Lexus and show consumers the unique opportunity of investing in an Australian Luxury Vehicle. Chinese Superstition Furthermore, distinct Chinese culture is also playing an important role in shaping consumer's behaviour.Chinese people believe in â€Å"Feng Shui†, it is the strongest cultural impact on consumers in the decision-making process. This Differs from Australian culture who has a different perspective on such superstitious belief, in most cases Australian consumers would mock a marketing strategy with such a belief. Thus where the buying decisions of the Chinese is dependent on this cultural principle, the Australi an consumers care more about product quality, price, perceived benefits and service of the product, as opposed to what the product represents (Giele, 2009). Chinese believe that Feng Shui will bring them luck and peace.Therefore, Chinese consumers will consult â€Å"Feng Shui† experts before making the purchasing decision. For example, Chinese people interpreted number four (? pinyin si) as bad luck since it is nearly homophonous to the word â€Å"death† (? pinyin si). Therefore people in China do not like anything that involving number four (Lubin, 2010). In saying this when marketing Australian exporters should market in relation to positive Feng Shui beliefs in China. For example when marketing Australian wine which is rapidly increasing in popularity in the Chinese market, a marketer should avoid any aged wine with the number four.That is for example Shiraz from 2004, 1994, 1984. This has been reflected in the dramatic fall in sales, during 2004, and marketers were bewildered as to why it occurred (Lubin, 2010). Marketers should in fact promote wine from years that have the number eight included, as this is a symbol of prosperity and happiness. In saying this in the year 2008 Australian wine exporters could not keep up with demand from Chinese consumers, an increase in 32% from the previous year (Winefacts, 2009).Thus in order for Australians to penetrate the market they should do so harmoniously with the Feng Shui principle in order to succeed. Exporting alcoholic beverage to the Chinese Segment Culture is one of the most important factors and basic causes that influence consumer behaviour. It involves the attitudes, beliefs and knowledge which determine consumer’s buyer behaviour (Schiffman et al. 2008). For example, when there are a small number of consumers, it is easy for them to try and feel product variations and quality then the producer must meet the expectation.If these expectations are not met, consumers would never repurcha se that product. However, if there are a large number of consumers, a brand name must be established in order to reach new consumers, and it will develop with continued purchase by the consumer. In this process, marketer must adjust the product depending on different segmentations like culture. Take beer for instance, when a new brand of beer is introduced into a beer drinking country like Australia, fresh beer is always kept chilled, and Consumers do not want to order beer without being cool.It also needs to be kept away from the sunlight to maintain its taste, which is different from Chinese. In China, beer does not need to be kept in freezer and always exposed to the sunlight. Moreover, there is a difference of beer taste between Australian consumers and Chinese consumers. If the company exports the Australian beer directly to China, Chinese consumers will not accept it because Australian beer tastes too strong for the Chinese consumer (Mona Chung , 2007). Similarly, Chinese whit e spirit cannot fit Australian consumers because it is too hot for them.Nowadays, China's taste for wine provides a great market opportunity to Western Australia. Chinese consumers are growing interest for nice Australia wine. Agriculture and Food Minister, Mr. Redman said â€Å"Premium wine industry is gaining the attention of consumers in China, but to date there has not been a Chinese language book with information on WA wineries for this market†. Because Chinese consumers are getting thirst for Australia wine, Redman had launched a book in mandarin in Shanghai about Australian wine which includes 100 local top wineries in order to satisfy Chinese consumer expectation.Australia is one of top suppliers of wine to China. The wine exported annually to China has increased by 20% over the past 2 years (Josette Dunn, 2010). Redman predicts that the number of wine imported to China would grow to 1. 26 billion in 2013. Also , according to the research , total Australian wine expor ts to China grew 37% annually from 1999-2000 to 2004-2005 and increased at a rate of 84% annually from 2004-2005 to 2009-2010 . Moreover , wine intelligence shows the market in China which import wine could grow to between 70 and 80 million cases by 2025 (2010).In saying this, it is obvious that when segmenting to the Chinese market, marketers must take into account the diverse cultural beliefs of Chinese consumers, but also take into account the close similarities between buyer behaviours of the two nations. Hierarchy of needs Maslow’s hierarchy of needs (appendix 1) has been cited in numerous texts both in psychology and marketing. In the marketing context the hierarchy is useful in interpreting how different products and services satisfy different needs. The hierarchy is based on intuitive notion that certain needs must satisfied, at least partially, before reaching the next level.The most basic need of the hierarchy is physiological, examples are food, water and breathing . The next level is safety and security needs which covers shelter, protection and stability. These first two levels are necessary for human survival. The next three levels consist of psychological needs. These respectively are:- social needs such as affection, belonging and friendship; ego needs which includes prestige, status and self-respect and final self-actualisation which is the idea of self fulfilment or finding meaning with one’s life. Differences between culture China is generally considered a Collectivist culture.Collectivism is based on unity of the group, where people are encouraged to conform to society and do what is best for the community as a whole (Britannica, 2010). This means individuals are more easily persuaded by friends and family as there is a strong desire to fit in. Contrastingly, Australian and other Western Cultures are seen individualist societies where more emphasis is placed on each person being unique. This is why marketing is focused on makin g individuals stand out rather than blend in with the rest of the crowd (see appendix 2 & 3 for examples).In the Chinese commercial (appendix 2) it can be seen that collective culture and history still plays a major role in Chinese culture. The ad clearly targets the social need as Pepsi is seen to be drunk by the group and the new student must crush the can to be accepted into this culture. This allows him to become part of the dynasty and conform to the norm. This is juxtaposed to American commercial (appendix 3) where the individual is the focus of ad. It appeals to the ego and self actualisation needs as by drinking Pepsi you can achieve your ambition and be separated from the rest of the crowd.Thus the distinct marketing differences between the Collective Chinese culture and individualistic Australian culture can be seen. China is the world’s fastest growing economy and as such there has been a huge influx of Multi-national corporations. This has started to have an influ ence on China’s urban areas as they are becoming individualistic due to Western products. The change can also be attributed to the one child policy. This has made the new generation of Chinese far more self-centred and have become more indulgent in themselves as costs to run a family have lowered dramatically.This has allowed this generation far greater influence over their families decision making (Mari, 2008). Though Australia is seen as a uniform society where there is little poverty and relatively small gap between rich and poor in China however there is very distinct divide between urban and rural populations. The annual per capita income of urban Chinese was roughly three times as high as their rural counterparts and the Engel coefficient was 37% for urban and 46% for rural (Mari, 2008). Even more demonstrative is that Chinese urban and rural consumer spend only 3. and 2. 13% of their total income respectively on entertainment. This is compared to Australia where our to tal GDP per capita is $38,911 (World economic outlook database, 2010) and the average household spends a $150 a week on both groceries and entertainment. This equates to 22% of GDP per capita. It is obvious Australian culture focuses on high levels rather than the lower need on the hierarchy (ABS, 2006). The effect of Culture on the Hierarchy The differences in purchasing behaviour for urban and rural Chinese can be explained by Maslow’s needs hierarchy.People living in rural China live in a far more traditional society (Collective) and their consumption of goods is used to satisfy the social need to give a sense of belonging. Though the majority of their earnings is to satisfy their physiological, safety and security needs. The bicycle is an example of the social differences of culture in China. The bicycle is the main mode of transport as cars are still too expensive to afford for rural commuters. The bicycle is fulfilling their safety and security need as it allows people to get to work and thus provide for their family.Contrastingly, bicycles and bike riding in Australia is seen as a subculture mainly for leisure. Consumers who purchase bikes are doing so for their ego and self actualisation needs as they are simultaneously helping to lower pollution and increasing their physical appearance (At, 2006) Chinese; moving up Maslow’s Hierarchy Due to the cultural differences, there are high demands in luxurious branded items such as Louis Vuitton. This demand has increased due to higher incomes which has led consumers to access the higher levels of Maslow’s hierarchy.Chinese people are now purchasing luxury items for the prestige and social status which is associated with the high end brand. Loius Vuittton introduced itself into China as must have brand in order to conform to popular culture (Bloomberg Businessweek, 2007) Therefore, marketers of this brand have successfully expanded into this emerging market as it is evident that Chinese co nsumers tend to buy the same brand as others which is represented in their buying culture (Yau, 2007). However, Australians are less concerned about conforming to society so once a brand becomes popular consumers tend to try and create a new fashion trend.When Loius Vuitton markets to Australia it has constantly change its products as to not become a ‘fad’ or lose interest allowing customers to remain brand loyal. Australian Exporting opportunities It appears there are opportunities for Australians to export into China. As more and more urban areas are becoming Westernised more international companies are trying to gain entrance into the Chinese market. Hence as China’s economy continues to grow so will the income of its population giving them more discretion on purchases as they move up Maslow’s needs hierarchy.To effectively market to these consumers at present an Australian exporter would use direct marketing and word of mouth to make use of Collectivis t culture of China. Exporting education is the most worthwhile export. Marketers can accentuate the self actualisation and ego needs of the Chinese people and show them that by attending an Australian University they are likely to have a better education, giving them more employment opportunities, ultimately a better way of life thus satisfying these higher level needs.Moreover, Australian exporters can highlight to Chinese businesses the growing importance of speaking English, which they can gain under an Australian education. This will give them a far greater ability to expand outside of Asia. To make this easier Australian Universities can situate a campus within China in order to grant easier access to Australian education. This maintains the social needs of Chinese students but could fulfil their ego and self actualisation by learning English from a prestigious institution.Recently the world expo in Beijing gave Australian exporters a chance to promote Australian education and give a good insight into the benefits of studying in Australia (Xiuyun, 2009). Conclusion It is evident there exists great potential for Australians to expand in the Chinese market but in order to do this they must understand socio-cultural segmentation and why different segments embody different needs on Maslow’s hierarchy. It is also important to understand the similarities between the two nations as China is becoming more Westernised, therefore insight into Western and Chinese culture is collectively important.References At, M. 2006, Bicycle culture, Copenhagenize. com, viewed at 26th August 2010 . Australian Bureau Statistics, 2010, Perspectives on Regional Australia, Australian Government view at 25th August 2010, . Australian Chambers of Commerce And Industry, 2004, Australia-China Free Trade Agreement, ACCI, Viewed 25th August 2010 . Australian Wine and Brandy Corporation 2009, Winefacts, Australian Government, viewed 27 August 2010 . Reh, JF 2009, Cost-Benefit Analysi s, About. com, viewed 27 August 2010, . Australian Wine and Brandy Corporation , Did you know? -China , Issue 31, 6 August 2010 , viewed 27th August 2010 . Bloomberg Businessweek 2007, Louis Vuitton's Life of Luxury, Bloomberg, viewed August 23rd 2010 ;http://www. businessweek. com/magazine/content/07_32/b4045419. htm;. Chan RYK 2001, ‘Determinants of Chinese consumers’ green purchase behaviour’, Psychology and Marketing, vol. 18, issue 4, pp 389 – 413 Chung M. , Smith W. 2007, The Importance Of Overcoming Cultural Barriers In Establishing Brand Names: An Australian Company In China, Innovative Marketing, Volume 3, Issue 2.China Business, 2006, Luxury Car Sales Booming in China, Asia Times online, viewed 25 August 2010 ;http://www. atimes. com/atimes/China_Business/HK28Cb02. html;. Dunn J. , June 28 , 2010 . China’s taste for WA wine translates to market opportunity ,viewed 27th August 2010 , ;http://www. ausfoodnews. com. au/2010/06/28/chinas-taste -for-wa-wine-translates-to-market-opportunity. html;. Encyclopedia Britannica 2010, Collectivism, Encyclopedia Britannica, viewed at 25th August 2010 ;http://www. britannica. com/EBchecked/topic/125584/collectivism;.Financial Times 2009, Shopping Habits of China’s Suddenly Wealthy, Save the Elephants, viewed 25 August 2010 ;http://www. savetheelephants. org/news-reader/items/shopping-habits-of-chinas-suddenly-wealthy. html;. Gatfield, T ; Youseff, M 2001, ‘A critical examination of and Reflection on the Chinese Family Business Unit and the Chinese Business Clan’, Family Business Review, vol. 14, issue 2, pp 153 – 158 Giele, F 2009, Chinese Consumer Behaviour: An Introduction, Frans Giele, viewed 25 August 2010 ;http://fransgiele. be/freematerial/2009chineseconsumerbehaviour. pdf;.Lubin, G 2010, A Short guide to the Buying Habits of Chinese Noveau-Riche, Business Insider, Viewed 25 August 2010 ;http://www. businessinsider. com/a-short-guide-to-the-buying-ha bits-of-chinese-nouveau-riche-2010-7;. Mari, A. 2008, Understanding Chinese rural consumers, Course of International Management, viewed 25th August 2010 ;http://www. scribd. com/doc/10863701/Understanding-Chinese-Rural-Consumers-Implications-for-marketers-by-Alex-Mari;. Sun, L 2007, ‘Understanding Self-gift Consumer Behaviour (SGCB) in China: How culture influences SGCB’, MA in Marketing thesis,Weinshall, TD 1993, Societal culture and management, de Gruyter-Studienbuch, Germany World Economic Outlook Database 2010, GDP Per Capita, International Monetary Fund, viewed on 25th August 2010. ;http://www. imf. org/external/pubs/ft/weo/2010/01/weodata/weorept. aspx? pr. x. html;. Xiuyun, S. 2009, Education to China, Austrade, viewed August 23rd 2010 ;http://www. austrade. gov. au/Education-to-China/default. aspx;. Yi-You, L 2010, Brand Effect on Consumer Behaviour in China, Southern

Darwin had during the Voyage of the Beagle that led to each of the Essay

Darwin had during the Voyage of the Beagle that led to each of the component parts of his Theory of Evolution (Descent with Modi - Essay Example Darwin’s inspiration came from a five-year voyage of a ship known as the Beagle, during which he was the ship’s geologist. The voyage gave him many changes to observe the distribution of both wildlife and fossils, and he eventually collected these ideas into an extensive theory of natural selection, which he published in his book, The Origin of Species . Prior to Darwin’s theory, the predominant belief was that animals and plants were as God had created them, there were no differences. If change had been observed across time then this was explained that, for example, a generic bird had given birth to a woodpecker, with no apparent reason other than the will of God. Darwin considered that this did not match what he saw during the voyage, and what he considered and theorized over the time following. Darwin’s theory of evolution consisted of four parts, each of which was supported by observations that Darwin had made during the voyage of the Beagle. Variation within Species One of the key observations that Darwin made during the voyage of the Beagle, was the wide ranging variation within members of the same species. There were almost limitless types of variation, such as beak type and size in birds, amount of hair, eye color, and number of offspring produced, ability to conceal and success at mating. Species that had wide ranges, occupied a number of variable habitat types and were common had the most variation. Likewise, species that were in larger genera had more variation than those in smaller genera. Inheritance of Traits Darwin observed that many of the traits that varied among individuals of the same species were passed from a parent to its offspring. For example, a bird with a distinct beak shape passes this on to some or all of their offspring. Not all variation was heritable; some variation was not passed on from parent to offspring, but was a result of environmental changes, such as hair color as a consequence of exposure to s unlight. This was important for Darwin’s theory of evolution, as for traits to change over time; there was a need for the ability for them to be passed from one generation to the next. High Population Growth When individuals produced offspring, they generally produced many more than would survive. Darwin observed this in a wide range of species, including both animals, bird and plant species. The effect was particularly strong in plants which often produce hundreds of offspring, but only a handful survive to maturity due to competition, predation and other externals factors. This led Darwin to predict that the presence of different traits in the individuals in the population would increase the survival of some, and decrease it in others. Struggle for Existence and Differential Survival Darwin observed that there was a constant struggle for individuals and species to survive. Species occupied areas that were not ideal to them in order to avoid competition or predation, and ind ividuals were constantly exposed to a fight to survive. This struggle was not limited to different species, but was equally strong between members of the same species. What species were struggling against, varied widely among species, for example a plant in the desert struggles to acquire enough water to survive, while plants in the tropics struggle for their offspring to acquire enough sunlight and resources due to intense inter- and intra-specific competition. It was this

Post Colonial Lit & A Small Place Essay Example | Topics and Well Written Essays - 750 words

Post Colonial Lit & A Small Place - Essay Example With no power to launch a counter attack on any fronts, Antiguans just succumbed to the pressure. The natural process of cultural development of Antigua came to a dead halt. The nation lost the equilibrium. The power of colonization is so intense that it has the capacity to totally obliterate any culture that it encounters on the way and it leads to economic, cultural, and social and above all the slavery of the minds of the people. That is true of Antigua. The British had created a rosy picture of standard of life before the combustible younger generation of Antigua. The local populace had been experiencing for hundreds of years the impact of British culture, tradition and power and the process of slow subversion continued. The middle class was attracted by the promises and wealth-generating capability of the capitalist state like Britain. As for morals, the British were no match as compared to the standard of Antiguans. The presence of the British in different segments in the life of Antiguans is being experienced, even when they have left the country for good. Indirect colonization in the segments of culture and economy is going on unabated and unchecked, unfortunately though. Kincaid treats the arrival of the tourist the post-colonial era in Antigua in an interesting and thought-provoking style. She articulates that the tourist does not arrive with an intention to exploit. But he does expect to be treated in a preferential manner. Is it superiority complex? It is so; even though the tourist may not say it openly. He has come to a country to spend his disposable wealth and to enjoy. How do the locals react to the arrival of the tourists in their country? Kincaid explains their attitude with lots of sarcasm: â€Å"An ugly thing, that is what you are when you become a tourist, an ugly empty thing, a stupid thing, a piece of rubbish pausing here and there to gaze at this and taste that, and it will never occur to you that the people who inhabit the place in wh ich you have just paused cannot stand you, that behind their closed doors they laugh at your strangeness.†(17)The host country, lacks in the areas of industrial development and other wealth-generating infrastructure, wants such tourists, as they bring money and employment to the locals. So, the tourism industry does not have a national goal or destination in Antigua. It develops like a service industry to cater to the ethnocentric demands on this country and contributing to the further advancement of cultural colonialism. Colonists are ruling from outside, without the liability of the governance of the territory of Antigua. This is a small but intimidating book, which sets the sociologists, economists and the politicians thinking. She provides the under-represented version of what happened in Antigua, which is also true of most of the colonized countries. She attacks the Europeans viciously for all the evil they heaped upon the people of Antigua, and she has own perspective of judging the past and visualizing the present and the future. She tones town her attack and makes the realistic assessment about the plight of the people of Antigua thus: â€Å"Of course, the whole thing is, once you cease to be a master, once you throw off your master's yoke, you are no longer human rubbish, you are just a human being, and all the things that adds up to. So, too with the

Consent to Search Research Paper Example | Topics and Well Written Essays - 4500 words

Consent to Search - Research Paper Example While there are a number of reasons why a police officer might prefer to obtain consent as opposed to warrant, it is less clear why an individual would voluntarily consent to the inconvenience of a police search. This paper analyses the consent to search issue and considers why policy resort to consent searches as an investigative tool, why individuals might voluntarily consent to a search and how consent searches benefit the public. Consent Searches as a Police Investigative Tool According to Stack police largely rely on consent searches at the airport in their efforts to interdict illicit drug trafficking (183). Police suspicions are usually aroused as to who might be a likely drug trafficker based on the latter’s â€Å"conformity† to police â€Å"drug courier profiles† of persons involved in the illicit drug trade (Stack, 183). This suspicion would not usually be sufficient to obtain a search warrant on the grounds of probable cause or reasonable suspicion tha t the individual is about to or has committed a criminal offence. Even if, the officer had probable cause, it would be counterproductive for the police to apply for and go through the process of obtaining a search warrant as the individual will likely leave the airport or take a flight outside of the jurisdiction in the meantime (Stack, 183-184). According to Nadler and Trout, police investigative practices in the US typically involve â€Å"on-the-fly searches† as a means of detecting â€Å"evidence of crime† (328). In other words, these types of searches are impromptu and not incidental to an existing criminal investigation. Police are: †¦acting on their instincts and training regarding a person’s appearance or behavior or even presence in a particular place (Nadler and Trout, 328). For the most part, consent searches are obtained during routinely made traffic stops. In a typical case, the police will often stop a driver for a minor traffic infraction such as a flawed tail-light, changing lanes without a signal or for exceeding the speed limit. When police officers stop a motorist for a minor traffic infraction it is not usually because of the perceived danger of these infractions, but for the â€Å"opportunity† the stop provides for â€Å"investigating suspicious citizens† (Nadler and Trout, 329). Even where police stop an individual in a routine traffic stop on a hunch that the individual is likely in possession of illegal drugs, the stop is not unlawful if there is evidence of an actual traffic violation (Whren v US, 806). According to Nadler and Trout, the federal government awards significant funding to local police departments as a means of advancing the nation’s war on drugs (329). Therefore, local police departments have a significant incentive for interdicting drugs and this accounts for the large reliance on motorists consent to be searched and have their vehicles searched in routine traffic stops (Nadl er and Trout, 329). Consent searches are necessitated where there is no probable cause or where there are no reasonable grounds to suspect that a crime is being committed or was committed (Nadler and Trout, 230). In addition to passengers at the airport and drivers in traffic