Case Analysis on Satyam Essay Example for Free

Case Analysis on Satyam EssayThis case illustrates the d bearfall of Satyam, whizz of the biggest IT giants in India, because of the burlesqueulent activities carried out by its flop Mr. Ramalinga Raju and his associates. moving in world at that point had garnered immense respect for Satyam in terms of risk management and embodied governance practices and Satyam was ranked as the tail largest IT Company in India. This was the case before December 16, 2008, when Satyam promoter Mr. Ramalinga Raju proposed his intent to acquire Matyas down the stairs and Matyas Properties. When this announcement of acquisition reached to the public, investors had a tremendously negative reception towards Satyams decision. Satyam founder eventually admitted fraud in a financial description revealing that he had been cooking the books of Satyam for quite some time. Raju and his team manipulated immediate payment balance, bank balance, accrued interest figures, overstated debtors and understa ted liability in order to manipulate the share prices of the confederacy in the market by lead astray its investors and the public.After admission of fraud, share prices of Satyam sharply fell down and Satyam was eventually removed from the New York stock exchange and the Bombay stock exchange. The US investors initiated several mark action suits against Satyam for its fraudulent activities and top executives of Satyam were charged with violation of federal securities laws by issuing false and misleading financial statements. The Satyam scandal has shaken the roots of the Indian financial market and has put a big question mark on corporeal governance and how far corporations (people) can go to enhance their own personal benefits.Major Issues in the Case Corporate governance Satyam failed to follow the corporate governance practices that every firm was meant to follow, it looked for loop hopes that could be tweaked to enhance the companys profit and hide liabilities from the inv estors as well as the general public. The Satyam Board was composed of chairman-friendly directors who failed to question managements strategy. They were in any case extremely slow to act when it was cognise that the company was in financial distress. The Board ignored critical information related to financial wrongdoings before the company ultimately collapsed.Agency problems The Chairman (Ramalinga Raju) and the chief financial officer (Srinivas Vadlamani) worked together to defraud the stakeholders for their personal gain, while the investors thought that the company was generating revenues, and investing in different areas. Clearly, the Chairman and CFO had personal gain in spirit rather than company benefit. There also seems to be conflicting interest of the management and the shareholders i. e. the management wanted to take over two building companies Maytas properties and Maytas Infra which was against the interest of the shareholders. ArgumentsIts hard to imagine a leadi ng company like Satyam manipulating its financial statements but in this highly competitive industry it is essential to remain profitable in order to survive in the long-run. This is perhaps the reason why Satyam resorted to manipulating its financial statement. We can see that there were large list of manipulation in the income statement as well as in the balance sheet of Satyams financial statements. Manipulation in the Income Statement The income statement consisted of some inconsistencies that were made intentionally to maintain the train of profitability of the company.The amount of sales revenue has been overstated by Rs. 588 crore i. e. was recorded as Rs. 2700 crore instead of Rs. 2112 crore. The in operation(p) profit margin was recorded as Rs. 649 crore (i. e. 24 % of the sale revenue) when the effective operating profit margin was Rs. 61 crore (i. e. 3 % of the sales revenue). The number of employee was also manipulated i. e. it was recorded as 52000 employees when th e actual number of employees was only 43622 employees.Manipulation in the Balance SheetThe balance sheet also seemed to have some level of inconsistencies from the actual value that were done intentionally to show a strong liquidity position of the company. The cash balance that was recorded as Rs. 5361 crore consisted of non-existence amount of Rs. 5040 crore i. e. the actual cash balance was Rs. 321 crore. The assets side also consisted of accrued interest of Rs. 376 crore which was non-existent and the debtors amount was overstated by Rs. 490 crore i. e. the actual value of debtor was Rs. 2161 crore whereas the recorded value was Rs. 2651 crore. The liability side of he balance sheet was understated by Rs. 1230 crore which was the amount borrowed from the known sources by Mr. Raju to ensure the operations are running.Even after such manipulations the regulatory authorities, the independent executive and the external auditors were not able to raise the red flag which shows that t here is a huge hole in the corporate governance. The company also seems to be having conflicting interest amongst the management and the shareholders. The company was looking to diversify its business by taking over the construction companies Maytas Properties and Maytas Infra at a cost of 1. billion dollars. Satyam was looking to enter the real-estate business but this was a surprising strategic decision for the shareholders. The shareholders wanted Satyam to scatter in related businesses.The negative reaction of the shareholders toward the decision caused the share prices to fall by 70% in a just a few geezerhood of the decision. Managerial Implication Agency problem The problem of motivating one party to act on behalf of another can be called the principal-agent problem or agency problem for short. (Wikipedia, 2013) Agency problems arise in a variety of different contexts.The agency problem usually refers to a conflict of interest between a companys management and the companys stockholders. The manager, acting as the agent for the shareholders, or principals, is supposed to make decisions that will maximize shareholder wealth. However, the decision must be in the favor of all parties but it was not the case with Satyam. Satyam decided to acquire Maytas Properties and Maytas Infra. The shareholders resisted the decision claiming it to be unrelated business and acquisition should not take billet with Maytas which became a finishing blow to the company.Corporate governance and business ethics Corporate governance refers to the system by which corporations are directed and controlled. The governance organise specifies the distribution of rights and responsibilities among different participants in the corporation (such as the board of directors, managers, shareholders, creditors, auditors, regulators, and other stakeholders) and specifies the rules and procedures for making decisions in corporate affairs. (Wikipedia, 2013) Governance is a mechanism for moni toring the actions, policies and decisions of corporations.On a quarterly basis, Satyams earnings grew. Mr. Raju admitted that the fraud which he committed amounted to nearly $276 million. In the process, Satyam violated all the rules of corporate governance. The Satyam scam has been an example for followers poor governance practices. The issue of governance rose at Satyam because of non fulfillment of the obligation of the company towards its stakeholders like separating fibres of board and management, and also the role of CEO and chairman.Business ethics reflects the philosophy of business, one of whose aims is to determine the fundamental purposes of a company. Business ethics are implemented in order to ensure that a authoritative required level of trust exists between consumers and various forms of market participants with businesses (Investopedia, 2013). The culture in Satyam, especially dominated by the board, symbolized such an unethical culture. Satyam as the smallest of the quartet players was under pressure to show good results in order to survive.Apart from this there was greed causing them to indulge in unethical behavior. On the one hand, Rajus rise to stardom in the corporate world joined with immense pressure to impress investors made him a compelled leader to deliver outstanding results. On the contrary, Mr. Raju had to suppress his own morals and values in favor of the greater good of the company. The lure of big compensation to members further encouraged such behavior. In the end the fraud came to an end and the implications were great. AlternativesThe failure of company like Satyam which had been awarded for its corporate governance and risk management creates a dilemma for the investors as to which company to mean and invest. Hence, investors, board, government intervention, accounting standards and ethics and Code of conduct must all work hand in hand to resolve the issue. Investors play an important role in detecting fraudulent acti vities of a company. They must ensure that information about the company is latest and from trustable source. Hence, they should take more care and compare the reduce of the company with the industry before investing.Board must monitor the ethical policies and the way they are being maintained in the company. Transparency and effectiveness in auditing and regulatory checks through internal and external auditors and monitoring agencies should be maintained as it helps to build and maintain trust and loyalty from stakeholders, increase goodwill and investors confidence and establish long lasting credibility for the company. Government should play an active role in companys affair, frequently checks of the companys performance and take necessary steps to discourage malpractice and falsification.There is a need to create strong measures to prevent fraudulent activities from happening in emerging and the auditing firms also need to be brought under the regulatory umbrella. Moreover, al l companies need to practice ethical behavior. Every company should also have its own fraud detection mechanism. It is also important for companies to establish an organizational culture, which supports ethical conduct through a code of conduct and properly laid out corporate governance policies and procedures.

Sales and Inventory Essay Example for Free

Sales and stock EssayNowadays, technology is commonly physical exercised by people in different various fields. The breakthroughs of science and technology engage been applied in many ways to commerce and industry. Some of the spin-offs of these breakthroughs eventually filter down to provide benefits for the average person. The best example of this is crossways that were invented during the space program, which conduct allowed engineers and other scientists to use these to new products and materials in manufacturing. In the field of communication, runny phone is one of the innovations that are being used by millions of people most the world. Most operations like planning and scheduling depend on arsenal.This study is about a trunk of a mobile phone beau monde wherein a documentation of a gross sales stock certificate system is being proposed. Inventory control system is very important to understand system of muniment management. (Shore, 2002) A very old but very wi se adage teaches that a journey of a thousand miles begins with a single step. For businessman Guan Kay Lo, this adage holds true. He took the first single step in 1945 and established a small business which underwent several changes and challenges, an amazing journey, and through commitment, dedication, hard pass away and the miracle of time, it is now known as the Guanzon Group of Companies.The Guanzon MobiTek primed(p) at Perez St. Dagupan City uses a logbook wherein they record the products arrived and to be delivered to their branches. It is also used to record nodes name and the product he/she had purchased. The governing body shall be established at the Guanzon Mobitek located at the Perez St. Dagupan City. (Lo, 2009) Statement of the ObjectivesThe main goal of the study is to evaluate the current sales memorandum control system of Guanzon MobiTek and come up with an enhanced stocktaking control system for the mobile company for a remedy inventory management and load risks of errors and fraud. It depart seek to give an enhancement and design the company could adopt for a more effective and efficient inventory system. Specifically, the study aimed to* Develop a system to manage sales and inventory products including add,update and delete record.* Develop a Password-secured program* Be able to impart our knowledge in Inventory System that would help the Guanzon MobiTek Signifi preservece of the StudyEnsuring continuous growth of firm is the main proposal on this study. It explains that it is important for a company to monitor its products admit from consumers. When demand arises there must be a sufficient stock to meet it without delay. It should also provide that the production must always be acquirable and in good. Guanzon MobiTek Company. Guanzon can adopt the recommendations to be done by the researchers to improve the efficiency and effectiveness of their sales inventory control system. Customers.The system records the items purchased by the customer easily. Personnel. It helps the personnel to lessen the time of works regarding in checking and recording the products sold, unsold, and to be sold. Researchers of this Study. The researchers, being the main participants, will gain knowledge and experience to improve their skills. future researchers. This research can provide basis and references for future studies related to inventories.Scope and LimitationsThis inventory system is designed and implemented to Guanzon MobiTek wherewith it is limited to the monitor of stocks for mobile phones and mobile devices. Alert signals were being given to the user when stock goes beyond the reordering system. This study consists of adding, updating, and deleting record of the stocks. If the suppliers had delivered the companys orders, the allowed personnel will login in this system then add the product including its quantity, model and the date delivered. For those unsold products, the personnel updates the records then delete t he product. The proponents focused in monitoring the sales and inventory of the Guanzon MobiTek which is located at Perez St. Dagupan City. The study is limited on the system on how to record the sold, unsold, and to be sold mobile phone products of the company.Definition of termsInventory management. Copernican for the business that sells a physical product to make the companys system quick and reliable. Mobile phone. Mobile electronic device sold by the company which is used to make mobiletelephone calls across a wide geographic area, served by many public cells.Sales management. Management of sales operation, it is an important business functionas net cells through the sales of products and services.Computerization. To equip with computers.End user. The one who operates the computing system.Field. atomic number 53 piece of information, such as customers last name, or items code number.Chapter 2REVIEW OF RELATED LITERATURE AND STUDIESThis chapter deals with the different literat ure and studies base on different sources such as books, magazine and Internet. The related literature is written based on the needed information related to the system to provide the better understanding how Sales and Inventory System works and give a brief theoretical background. Data Processing or information, operation (e.g., handling, merging, sorting and computing) performed upon information in accordance with strictly defines procedures, such as recording and summarizing the financial transaction of a business. An automatic or electronic data processing the operations are performed by the computer. Computer Security techniques developed to safeguard information and information system stored on computers. Potential threats include the destruction of computer hardware and software and the loss, modification, theft, unauthorized use, or disclosure of computer data. Inventory serves a number of functions.Among the most important are the following To meet anticipated customer dem and. These inventories are referred to as anticipation stocks because they are held to satisfy planned or expected demand. Inventory management has two main concerns. One release to the level of customer service, that is, to have the right goods, in sufficient quantities, in the right place, and at the right time. The other relates to the cost of ordering and carrying inventories. The overall objective of inventory management is to achieve satisfactory levels of customer service while keeping inventory costs within reasonable bounds. The management has two basic functions concerning inventory. One is to establish a system ofkeeping track of items in inventory, and the other is to make decisions about how much and when to order.A system to keep track of the inventory on hand and on order.A reliable forecast of demand that includes an indication of possible forecast error. Knowledge of lead times and lead-time variability. Reasonable estimates of inventory guardianship costs, orderin g costs, and shortage costs. A classification system for inventory items. However, inventory-counting system can be periodic or perpetual. Under a periodic system, a physical count of items in inventory is made at periodic intervals (e.g., weekly, and monthly) in order to each item.An advantage of this type of system is that orders for many items derive at the same time, which can result in economies in processing and shipping orders. But it has also several disadvantages. These are lack of control betwixt reviews, the needs against shortages between review periods by carrying stocks and the need to make a decision on order quantities at each review. A perpetual inventory system (also known as a continual system) keeps track of removal from inventory on a continuous basis so the system can provide information on the current level of inventory on each item.An obvious advantage of this system is the control provided by the continuous monitoring of inventory withdrawals. Another is t he fixed level quantity. One disadvantage of this approach is the added cost of record keeping. According to Ariel Magat (2002), he stated that the Inventory System of the decisive to any institution, agency, or department. The proper safekeeping, processing and disposal of records play important roles in the efficient, effective and smooth operation that eventually, he stated that the Inventory System of the vital to any institution, agency, or department.The proper safekeeping, processing and disposal of records play important roles in the efficient, effective and smooth operation that eventually would lead to the mastery attainment of the goal and objectives of institution, agency and department concerned. Based on her recommendation there should be a central record management office that will hold data of the agency to serve as locator of the record and to control the disposal of each record. This can be possible through the use of computerized system. Computer with the appropr iate software package is capable if handling records efficiently and effectively. And locating records that are computerized is faster tha finding them in the filling cabinet (Magat, 2002).

Porters 5 forces analysis

Porters 5 forces abbreviationThe porters 5 forces is a simple tool to assureing where the conjunction office staff lies in a business situation. The porters forces withal helping social club understand the strength of a current competitive position. The porter 5 forces includes bargaining power of buyers, bargaining power of provider, threat of unexampled entry, threat of substitute and rivalry among competitors.The bargaining power of buyer is set forth as the market of outputs. The bargaining power of buyers ability of the customers exert pressure on businesses by demanding reduce price and increasing the product quality. Company must recognize consumer want and need. In order to boost sales volume, manufactures follow changing consumer trends. The bargaining power of buyer testament be high when the enlarged volume buyer argon concentrated buying the product or services. in that respect is a concentration of buyers. Other factor bequeath be increasing bargaining powe r of buyers is the products available replaces by substitutes in the market. In automotive effort the buyers engage the greatest power because they can the low switching costs associated with selecting from competing brands. If buyers become disenchanted with some automaker, they can look for alternatives especially foreign cars. self-propelling industries have legion(predicate) automakers can substitutes replace normal Motors Corporate such as Toyota, Honda, Ford, and so on. General Motors Corporate in order to avoid replaces by early(a) automakers, General Motors Corporate always carve out unique line of cars and trucks like fuel cell electric and hybrid vehicles.The bargaining power of supplier is described as the market of inputs. Supplier is provided the raw materials and machinery to company than the company can carry out its business operations. When the bargaining power of supplier will be high is an sedulousness relies on just few suppliers or there are non substit utes available for suppliers product. If bargaining power of supplier higher, the company will be often faces to high pressure on margins from supplier. For example, if General Motors Corporate have one supplier to supply raw material, whence the supplier affix their price this will flatus General Motors cars and truck also will increase the price because General Motors dont have other supplier to supply raw material. In order to reducing the bargaining power of supplier, the company will be increasing dependency means partnering with many suppliers. few biggest company peradventure will take over a supplier.The threat of substitutes is described as an industrys profitability depends on the relative price to performance of the divergent types services or product to which customer can turn to buy other product that almost has the same functions. The threats of substitutes exist when a products demand is affect by switching costs. This means the costs of switching to substitute s. In the automotive industry the threat of substitutes product is very huge because automotive industry has many automakers. In order to avoid substitute product replace the General Motors cars and trucks, General Motors Corporate has carve out its own unique product. For example, General Motors carve out alternative fuel vehicles like fuel cell electric and hybrid vehicles. Product differentiation can reduce the threat of substitute so each company also attempts to carve out unique products. Some company will be buy patent developed by potential substitute because avoid the substitute entry markets.The rivalry among competitor is described the intensity of competitive rivalry. The rivalry among competitor means have the major determining(prenominal) of the competitiveness of industry. The rivalry among competitor is most obvious of any industry. The competitor normally will offer the same product or services as your company. Competitive battles include price wars, brand-new pro duct introduction or advertising campaigns. In order to gain more market dowery and increase sales, every company often use comparative advertising to emphasize areas where it outperformance its competitor. Rivalry among competitor can reduce the profitability of company but these maybe good things of publics. The rivalry among competitor exist when the industry growth. In order to reduce the rivalry among competitor, General Motors Corporate avoid price competition with other automakers and focus on different segments. Company communicates with competitor also can reduce the rivalry among competitor. This also can build win-win relationship with competitors.The threat of new entry is described the new competitor or firms entering into industry. In order to reduce the threat of new entry, the company needs to create a good brand image. If the company have a good brand image, then customer would like to stay with the brand products. The customer loyalty is a barrier entry into marke t. The threat of new entry depends on economics of scale. For example, company minimum size requirement for profitable operations. Automotive industry is a high threat of new entry but some industry low threat of new entry like shipbuilding because shipbuilding industry has high entry barriers. The organization restriction also can reduce threat of new entry. For example, Malaysia government restricts new entry into automotive industry because government wants to protect of local cars (PROTON).Limitation of Porter AnalysisThe porters 5 forces is a useful framework for competitive abstract within industry. Competitive analysis is lead into strategic planning and the development of a tailored competitive strategy that expects to exploit the situation. The porters 5 forces model has some confinement and weaknesses. In general, porters analysis focuses on company external competitive environment. In order to complete a full competitive analysis, the porters 5 forces need to be compens ated.The porters 5 forces has further limitation in today market environment because porters analysis is assumes relativity static market structures. This means porters 5 forces are applicable for simple market structures non best applicable for today dynamic markets. Today dynamic markets are highly influenced by technological innovation such as information technology, so porters analysis cannot analyze today dynamic changes.The second limitation of porters analysis is generally based on the idea of competition. In porters analysis just described how to company or business to achieve competitive advantages. Porters analysis just focuses on competitive advantages and then ignores other important consideration strategy. For example, company not really into consideration strategy such as electronic linking of information system of all company along a value cooking stove, virtual cyber quadriceps femoris or enterprise and strategies alliances.The third limitation of porters analysis is porters 5 forces are designed for analyzing individual business strategy. Porters analysis cannot cope with interdependencies and synergies within the portfolio a large company. The fourth limitation of porters analysis is the sources of value are structural advantages. Sometimes may be possible to create barriers to entry. This mean porters analysis possible will create completely new market rather than selecting existing ones.Although porters analysis are not best applicable for today dynamic markets but porters analysis still can compensated with other analysis such as SWOT analysis, blighter analysis, Value Chain analysis and etc. Porters analysis in conjunction with other tools such as PEST and SWOT can define effective competitive strategy. General Motors Corporate also uses SWOT analysis, PEST analysis, and Value Chain analysis to compensated limitation of porters analysis.PEST analysis also can uses to compensated limitation of porters analysis. PEST analysis is describ ed big environment such as political, economic, social and technological. PEST analysis is strategy tool for understanding markets growth or decline and potential and direction for operations. For example, General Motors must be doing market research before carve out new cars or new markets. The markets research includes economic condition, political and government policy. politics decision can affect organization directly like employments law, tax policy, trade restrictions and tariffs and environmental regulation. The economic condition also can affect company profitability like oil price, interest rates, and economic growth and financial crisis. Especially financial crisis because many great deal lose job, then almost people temporary dont want buy a new cars. This is can influence company make lose. We can refer to addition 2 we can understand how PEST analysis is function.SWOT analysis is a strategic planning used to identify the strengths, weaknesses, opportunities and thr eats for company or business. SWOT analysis applicable to measures a business units, and a proposition. SWOT analysis also can understand where the company strengths and weaknesses and then minimize the affect of weaknesses on company and maximizing or maintain company strengths. When company have know weaknesses and strengths itself then can making good decision for strategy of business proposition. For example, General Motors strengths are have large market shares, global experience, and variety of brand names and current development of alternative vehicles. So General Motors always maintain them strengths. The weaknesses of General Motors are poor customers perception, stagnant profitability, higher labor costs and overly dependent on U.S market. So General Motors try to gain more market share and increase sale volume at other countries such as China, Japan, and Malaysia and so on. General Motors also need to increase customers perception. We can refer to appendix 3 we can see ho w company uses SWOT analysis to identify strengths and weaknesses themselves.Value Chain analysis can belabor the limitation of porter 5 forces. Value Chain analysis described the activities that take place in a business and relates them to an analysis of the competitive strengths of the business. Value Chain analysis will help the company pursue a competitive advantages. Porters described value chain have two different categories of activities that is a principal(a) activities and support activities. The primary activities of company include inbound logistics, operations, outbound logistics, marketing and sales and services. The support activities include procurement, human resources management, technology development and firm infrastructure. Value Chain analysis will help the company pursue a competitive advantages. We can refer to appendix 4. In appendix 4, we can see how to value chain contribution from different functions of an organization in the value adding process.balance poster is a good way to overcome the limitation of porters 5 forces. Balanced scorecard is defined are strategic planning or management system that is used extensively in industry and business to align business activities to the visual modality and strategy of the organization and monitor organization performance against strategic goals. Balanced scorecard can help company known how well business is running. Balanced scorecard also allows company measures economic value added and operating income. For example, General Motors use balanced scorecard to measures customer satisfaction and market share in target segments. . We can refer to appendix 5 we can see how 2 balanced scorecard running.Product life history cycle can overcome the limitation of porters 5 forces. Product life cycle is defined a new product progress through a sequence of stages from introduction to growth, maturity and decline. When companies produce some product like cars or trucks they must take cars market li fe and services life into account. Recently more and more company is attempting to optimize profit and revenue over entire life cycle. Company does this need to consideration product warranties, the ability to upgrade existing product and space part. For example, General Motors cars have 3 years warranty. . We can refer to appendix 6 we can see the new product progress thought life cycle.

Applications of Natural Science to Social Science

Applications of Natural Science to Social ScienceWhat dejection sociable science learn from instinctive science?Like all accessible sciences, the field of outside(a) dealing attempts to provide both theoretical and practical insights into human behaviour through the exertion of scientific principles. The inherent elusivey in social sciences, however, is just that the attempt to provide insight into human manner, which is notoriously resistant to attempts at predicting it through the f instrumentalist of logic. The personal traffichip between the social scientist and the subject matter s/he studies, vs. and the natural scientist and the matter being studied tends to differ by right of both ideology and subjectivity the natural scientist is bound, ethically, to conform his or her beliefs to the evidence gleaned from scientific method. Often, however, the ethical boundaries in the social sciences are less clear and more subject to the personal biases of the person doing the studying the beliefs or theories are often used to tailor the evidence. The studied objectivity expected of the natural scientist is well-suited to the abstract or the impersonal elements of study objectivity becomes more difficult to sustain when the inherently subjective matters of human behavior come into play in such social sciences as international relations. Given the often national or global human consequences of the application of theories of international relations, is it practical to remain neutral?Natural scientists retrieve that their work is ethically neutral. To be sure, their work can be put to good and bad uses, but this presumably reflects on the users rather than on the center of the science itself. The relationship between social science and the values of the social scientist seems far more immediate and direct than this, and this alleged contrast has been the subject for proceed discussion and debate Our observations of the social world seem even more col oured by the conjecture we employ than is the case in the natural sciences. (Ruben, 1998) in struggledly the field of international relations, the aforementioned debate manifests itself in the competition between positivist and post-positivist theories. Positivist theories operate under the conviction that the principles of study as apply in the natural sciences, i.e. scientific method, and the analysis of quantifiable, measurable, and repeatable evidence, are applicable, valid, and valuable in the field of international relations. Positivist theories hold that the behavior of nation-states and the unmarrieds who influence the policies of nation-states can be observed, studied, predicted, and reliably understood through the application of those theories. Examples of positivist international relations theories include liberalism, realism, neo-liberalism, and neo-realism (which we shall discuss in a moment). Post-positivist theories, such as social constructivism or international society theories, reject the notion that social systems, such as those in international relations, can be studied in an object lens manner that is free of value judgments. Scientific method, to adherents of post-positivist theories, is of little use in the field of international relations and those of this school of thought believe that ethics and other normative value concepts must be always be an inherent component of international relations studies.What exactly are the tenets of the scientific method, and how can they be usefully applied to social sciences such as international relations? In brief, the scientific method relies on the developing and testing of hypotheses designed to apologize phenomena, in this case human phenomena, the behavior of nation-states. The studies are designed to test the hypotheses in a variety of different situations, tested by controlled experiments, the variables of which are carefully controlled and monitored by experts trained and qualified in the field of study. The evidence gathered by the studies is freely shared with other scientists for use in their own work, and theories that weaken to hold up under rigorous examination must be discarded, modified, and/or updated without regard to personal attachment or subjective opinions.What is most difficult about the application of scientific method to the social sciences is the difficulty in maintaining consistency and reliability within controlled experiment situations. The ideal location for controlled experiments is, of course, a lab where scientists can carefully control any and all variables which might affect the outcome of the study and hence undermine or support the theory or hypothesis being tested. Human behavior is rarely confined to laboratory settings, however, and what is true about human behavior in this regard is even more true when it comes to collective human behavior, i.e., the behavior of nation-states. Further compounding the difficulty in maintaining c ontrolled experiment environments with respect to international relations is that on the macrocosmic direct of the world stage, the variables affecting the behavior of nation-states are not only numerous but their causal relationships are not always clear, linear, or even perspicuous to an observer, even if trained. There is little room for sentimental attachment to theories that fail to predict or solve international relations problems such as war or genocide, and to the extent that difficulty in adherence to scientific method leaves room for the dangerous influence of personal subjectivity, creative ways to maximize exacting application of scientific theory to international relations is key to the usefulness of positivist theories.One of the fundamental scientific theories underpinning most positivist international relations theories is a concept known as sane plectrum theory. ( able choice theory is not unique or native to international relations indeed, it is astray used i n other social sciences such as economics and sociology.) Rational choice theory holds, on a basic level, that human beings largely use reason and sage processes to achieve a desired end or ends that they may seek at any given point in time instrumental reason, in other words. Individuals, whether they be literal single human beings, or nation-states, who operate within the paradigm of cerebral choice theory are known as rational actors. Noted political theorists Shapiro and Green (1994) offered their analysis of how rational choice theory manifests itself in the context of international relations by identifying four elemental characteristics 1) Rational actors employ the concept of utility maximization, which means that where there are a variety of options for a rational actor to achieve its goals, it will choose the option calculated to have the maximum potential to improve its welfare 2) The rational actor possesses the ability to evaluate the possible consequences of select ing any one of its various options to improve its welfare and prioritize the appeal of said options 3) rational choice theory is at its core a theory of individual behavior, and though international relations is largely the study of groups of individuals who comprise the rational actors which populate the world stage, rational choice theory assumes and depends on the pre-eminence of the individual and 4) rational choice theory is universally applicable. Rational choice theory in international relations is also closely related to rational choice theory in economics, insofar as economics describes the competition for allocation of finite resources,and in international relations, the competition between rational actors for those resources as they seek to improve their welfare and achieve their various goals.The two chief positivist manifestations of rational choice theory in international relations, then, are liberalism and realism, the former dimension that nation-states are inherent ly predisposed to cooperate because of the self-evident futility of war, and the latter holding the opposite, that cooperation between nation-states is merely an incidental function of states seeking maximize their respective welfares and that the behavior of nation-states must always be seen through a prism which presupposes a primacy of self-interest among rational actors. The realist school of thought has largely predominated in the field of international relations for several decades, though it has been heavily criticized by those who believe realism is devoid of necessary ethical and moral compasses required to identify times when rational actors may not behave quite so rationally, thereby incurring human suffering. Realist international relations are heavily dependent upon multinational, multilateral presidency bodies such as NATO, the United Nations, etc., and individual nation-states adherence to the norms proscribed by membership in these types of institutions.Clearly, how ever, common sense provides us with numerous examples where both rational choice theory and realism have failed to accurately predict irrational behavior by nation-states and/or their leaders, and thus failed to predict and alleviate human suffering. Critiques of rational choice theory and realism point to the Holocaust, genocide in Sudan, Saddam Husseins attack on Kuwait, etc., as recent and painful examples of the stroke of an over-dependency on theoretical models to predict complex human behavior. Realist international relations paradigms successfully guided the world through the Cold War without an additional dispute along the scale of World Wars I and II, however, so they cannot be held to be meritless.The application of scientific method to international relations is in part a function of necessity rather than any proof that the interactions of nation-states are easily describable by unassailably accurate theories in short, attempts to analyze human behavior on a global scal e, however imperfect, is a far preferable modus operandi than simply guessing as to why nation-states behave as they do. The stakes are simply too high human lives, human welfare, for example for ad hoc guesswork to be the de facto methodology of international relations. An acknowledgement of the limitations of scientific method as applied in the social sciences is as important as its very application.BIBLIOGRAPHYRuben, David-Hillel. (1998). Social science, philosophy of, In E. Craig (Ed.), Routledge Encyclopedia of Philosophy. capital of the United Kingdom Routledge. Available fromhttp//www.rep.routledge.com/article/R047Coleman, J. S. and Ferrero, M. (1992) Rational Choice Theory Advocacy andCritique. London SageGreen, D.P. and Shapiro, I. (1994) Pathologies of Rational Choice Theory A Critique of Applications in Political Science. New Haven Yale University Press.Shepsle, K. A. and Bonchek, M. S. (1997) Analyzing Politics. London Norton.

Theories Of Intellectual Property Philosophy Essay

Theories Of Intellectual Property Philosophy EssayIntroductionThe term capable property refers to a loose cluster of sound doctrines that regulate the uses of different sorts of ideas and insignia. The truth of copyright protects various original forms of expression. The frugal and cultural importance of this collection of rules is increasing rapidly. And rectitudemakers throughout the world are busily revising their intellectual-property laws.1Partly as a result of these trends, scholarly interest in the field has risen dramatically in recent years. There has been an discernable mushrooming of articles deploying theories of intellectual property in law reviews and in journals of economics and philosophy. This article discusses those theories, evaluates them, and considers the roles they do and ought to play in statute law.Different jurisprudential approaches in IP law makingMost of the recent theoretical writings consist of struggles among and within cardinal jurisprudential approaches of intellectual property law.1.2.1 Utilitarian aspect of IP legislationThe first gear and most popular of the four employs the familiar utilitarian guideline that lawmakers must put emphasis on maximization of net social eudaemonia while shaping property rights. In the context of intellectual property, it is generally thought that, lawmakers must strike an optimal balance between, on one hand, the case-by-case rights of the creator and on the other hand maximization of public interest.A good example in this regard is William Landess and Richard Posners essay on copyright law2. The distinctive characteristics of most intellectual products are that they are easily replicated. Those characteristics in combination create a danger that the creators of such products will be unavailing to recoup their costs of expression (i.e. the time and effort devoted to writing or composing and the costs of negotiating with publishers or record companies), because they will be slash by copyists who bear only the depressed costs of production (the costs of manufacturing and distrisolelying books or CDs) and thus can offer consumers identical products at very low prices. Awareness of this danger will deter creators from making socially valuable intellectual products in the first instance. We can avoid this by allocating to the creators (for limited times) the sole(prenominal) right to make copies of their creations. All of the various alternative ways in which creators might be empowered to recover their costs are, for one reason or another, more wasteful of social resources.3 This utilitarian rationale, however has been criticized on the cause of its tendency to create monopoly rights.A related argument dominates the trademark law. The primary economic benefits of trademarks, are (1) the reduction of consumers search costs, because consumers can rely upon their prior experiences with various brands while deciding which brand to buy in future, and (2) the creatio n of an incentive for businesses to bugger off consistently high-quality goods and services. On the other hand while dealing with its criticism, trademarks can roughlytimes be socially harmful also, like for example, by enabling the first entrant into a market to discourage competition by appropriating for itself an especially attractive or informative brand name. Awareness of these benefits and harms should (and usually does), guide legislators and judge when tuning trademark law marks should be (and usually are) protected when they are socially beneficial and not when they are, on balance, deleterious.41.2.2 Labour theory and its jurisprudential aspectRobert Nozick5after associating himself with Lockes argument, Nozick turns his attention to Lockes famously ambiguous supplying the proposition that a person may legitimately acquire property rights by salmagundi his diligence with resources held in common only if, after the acquisition, on that point is enough and as good left in common for others.6Nozick contends that the correct interpretation of this limit point is that the acquisition of property through labor is legitimate if and only if other persons do not suffer thereby any net harm. Construed in this fashion, the Lockean proviso is not violated, Nozick argues, by the assignment of a patent right to an inventor because, although other persons access to the conception is undoubtedly limited by the issuance of the patent, the invention would not have existed at all had the inventor not put in any effort due to fear of copying.1.2.3 Personality theory and its jurisprudential aspectThe premise of the third approach derived loosely from the writings of Kant and Hegel i.e. private property rights are crucial to the satisfaction of some fundamental human require policymakers should thus strive to create and allocate entitlements to resources in the fashion that best enables people to fulfill those needs. From this standpoint, intellectual property r ights may be exactlyified all on the ground that they shield from appropriation or modification artifacts through which authors and artists have expressed their wills (an activity thought central to personhood) or on the ground that they create social and economic conditions conducive to creative intellectual activity, which in turn is central to human flourishing.7Justin Hughes derives from Hegels Philosophy of Rights the following guidelines concerning the proper shape of an intellectual-property system (a) We should be more willing to accord statutory protection to the fruits of highly expressive intellectual activities, (b) Because a persons persona his public image, including his physical features, mannerisms, and history is an important part of personality, it deserves generous legal protection, despite the fact that ordinarily it does not result from labor (c) Authors and inventors should be permitted to earn respect, honor, admiration, and money from the public by se ll or giving away copies of their works.81.2.4 Social planning theory and its jurisprudential aspectThe last of the four approaches says that, property rights in general and intellectual-property rights in feature can and should be cause so as to help foster the achievement of a just and attractive culture. This approach is similar to utilitarianism in its orientation, but dissimilar in its willingness to deploy visions of a desirable society richer than the conceptions of social welfare deployed by utilitarians.9Other writers who have approached intellectual-property law from similar billets include Keith Aoki, rosemary Coombe10, Niva Elkin-Koren, and Michael Madow.11As yet, however, this fourth approach is slight well established and recognized than the other three.1.3 Varying jurisprudential views in US, UK, France and GermanyUntil recently, the personality theory had a great deal less currency in American law.However in contrast, it has figured very prominently in Europe. The French and German copyright regimes, for example, have been strongly shaped by the writings of Kant and Hegel. This influence is especially evident in the generous protection those countries return for authors and artists rights. In the past two decades, moral-rights doctrine and the philosophic perspective on which it rests have found increasing favor with American lawmakers, as evidenced most clearly by the proliferation of state art-preservation statutes and the recent adoption of the national Visual Artists Rights Act.12Critical analysis of the theories of IP jurisprudenceLawmakers are confronted these days with many difficult questions involving rights to control information. The proponents of all four leading theories purport to provide lawmakers with answers to the upcoming questions in IP jurisprudence. Unfortunately, our choice among these four options will often make a big difference. The third, for instance, suggests that we should insist, before issuing a patent or other intellectual-property right, that the discovery in question must satisfy a meaningful utility essential the other three would not.The second would counsel against conferring legal rights on artists who love their work the other three point in the opposite direction. The fourth would suggest that we add to copyright law a requirement analogous to the patent doctrine of nonobviousness the others would not.In short, a lawmakers inability to choose among the four will often be disabling.Similar troubles arise when one tries to move over Lockes conception of the commons to the field of intellectual property.What exactly are the raw materials, owned by the community as a whole, with which individual workers mix their labor in order to produce intellectual products? It is agreed that IP law would have to be radically revised to conform to the Lockean scheme.But the scale of the indispensable revision is daunting. Is it justifiable on Lockean or any other premises -that if one thinks of a new way of dancing he claim IP protection and prevent everybody else from doing the comparable?Similarly, by registering the trademark Nike, can one prevent others from using it in any way- including reproducing it in an essay on intellectual property? If not, then whatIs the extent of these rights?We come, finally, to the well-known problem of proportionality. Nozick asksIf I pour my can of tomato juice into the ocean, do I own the ocean?How far, in short, do my rights go? Locke gives us little guidance.131.5 ConclusionThe limitations of the guidance provided by general theories of intellectual property is perhaps easiest to see with respect to the last of the four approaches.Lawmakers who try to harness social-planning theory must make difficult choices at two levels.The first and most obvious involves formulating a vision of a just and attractive culture. What sort of society should we try, through adjustments of copyright, patent, and trademark law, to promote? The possibilities are endless.Through continued conversations among scholars, legislators, judges, litigants, lobbyists, and the public at large, there may lie some hope of addressing the inadequacies of the existing theories.The analytical difficulties associated with the effort to apply the Lockean version of labor theory to intellectual property may well prove insurmountable, but there may be some non-Lockean way of capturing the popular intuition that the law should reward people for hard work.Only by continuing to discuss the contingency and trying to bring some alternative variant of labor theory to bear on real cases can we hope to make progress. Much the same can be said of the gaps in personality theory. The conception of selfhood employed by current theorists may be too thin and acontextual to provide lawmakers much purchase on doctrinal problems.But perhaps, through continued reflection and conversation, we can do better.Conversational uses of intellectual property theorie s of the sort sketched above would be different from the way in which such theories most often have been deployed in the past.Instead of trying to compel readers, through a combination of uncontroversial premises and inexorable logic, to accept a particular interpretation or reform of legal doctrine, the jurists and lawmakers should attempt, by deploying a combination of theory and application, to strike a chord of sympathy in their audience.The sought-after response would not be, I cant see any loopholes in the argument, but rather, it needs to be admit and addressed.That conclusion, however, does not imply that the theories have no practical use.14In two respects, I suggest, they retain considerable value.First, while they have failed to make good on their promises to provide comprehensive prescriptions concerning the ideal shape of intellectual-property law, they can help identify nonobvious attractive resolutions of particular problems. Second, they can foster valuable conversat ions among the various participants in the lawmaking process.

A TV Show that is Appropiate for a Younger Audience :: Free Essay Writer

A TV Show that is Appropiate for a Younger Audiencewishing bone A Little Dog with a Big ImaginationPrinted Paws of Thieves With his uncanny knowledge of famous authors, a little traverse-named Wishbone is one very last word canine. The Wishbone television serial publication has been created to introduce children to classic literature and encourage a love for reading books. The half-hour, live-action series, designed primarily for elementary school children in the midst of the ages of 6 and 12, represents an entirely new concept in educational programming. As children watch Wishbone the dogs adventure in the world of literature, they pass on come away with their first taste of classic literature as well as a desire to learn more.The series stars Wishbone the dog, a little dog with a big imagination, who serves as a canine bridge between life and literature. Portrayed in the series by a real Jack Russell terrier, Wishbone the dog represents an articulate, clever and funny character , whose every thought, is heard by the audience.Each episode presents a different literary classic, introduced through with(predicate) Wishbone the dogs active imagination and fantasies. For example in the episode Printed Paws of Thieves which presents the story of Robin Hood, Joe Talbot the 12-year old owner of Wishbone almost gets suspend when he helps the school lunch lady donate leftover food to a local shelter. Meanwhile, Wishbone as Robin Hood risks arrest when he robs from the rich to give to the poor. In this episode, Wishbone is wearing the typical outfit we think of Robin Hood wearing a Brown leather two-piece outfit carrying a bow and arrow and a feathered cap. Wishbone portrays the character, Robin Hood as if how we would perceive him in the classic literature story. throughout this episode Wishbone and the other characters, Joe Talbot, David (Joes best friend), and Samantha (a neighborhood friend of Joes and Davids), reinforce the primary literary themes explored in R obin Hood. Wishbone the dog represents the imaginative, playful child inside all of us. Through his wild adventures and heroic stunts, children will be introduced to some of the greatest literary works of literature. This PBS series provides a challenge for children to read, by providing signature scenes, the basic characters, and themes from classic literature without presenting the entire story so children will want to learn more most the story. It provides a foundation for the children to apply what they already know about the story from the Wishbone series to the actual classic literary form of the story so they will comprehend the story better.

Saint Luke Essay -- essays research papers

Luke was a doctor by trade, and an evangelist by fate. Contained within this gospel we hold back how a lot care to detail was taken in transcribing this gospel. A good deal research and energy were put into the minute details of this gospel. This can be attributed to the fact that he was a physician. His attention to detail was so great that his gospel operates Lukes gospel contains 14 of the 20 miracles the gospels contain, moreover they contain all the parables in the gospels. Lukes gospel was aimed at to Theophilus and Gentiles.Lukes sources in writing this gospel were eyewitnesses to the life of Christ. It cannot be anymore apparent then is the root four versus in Luke 1 Since many have undertaken to compile a narrative of the events that have been fulfilled among us, 2 just as those who were eyewitnesses from the beginning and ministers of the news program have handed them down to us, 3 I too have decided, after investigating everything accurately anew, to write it down in an orderly taking over for you, most excellent Theophilus, 4 so that you may realize the certainty of the teachings you have received.When many people think of the story of the birth of Christ, many of us link passages contained in two of the gospels to create one large story. Many of us, by habit, blend the stories contained in Luke, and Matthew together. The book of Luke contains more information on the infancy narratives then the others.The infancy narratives in Luke are possibly one of the greatest gospels because it contains. The foretelling of washbowl, his birth, and youth, the canticles of Mary and Elizabeth, the nativity of Christ, the visits from the shepherds, circumcision, facts of Christs puerility are all contained in the infancy narratives. Additionally this account encloses 4 major hymns.What is interesting to note is that the birth of John resembles the birth of Isaac in that Abraham and Sarah were older. Elizabeth, Johns mother is barren in her old age, after co untless prayers from her, and her husband Zechariahs she finally becomes pregnant through the power of God. They know that this birth is a gift to them because the Angel Gabriel announced the birth to Zechariahs while he was praying in the altar. They know that John will be the forerunner and prepare the way for Christ. six months afterward, Archangel Gabriel announces to St. Mary that she will conceive and bare a Son... ...dy of Jesus. By claiming the body it shows that Joseph supported Jesus. Joseph and the women Jesus served in Galilee wrap Jesus in a linen and place him in Josephs tomb and a stone is rolled shut sealing the tomb note that Jesus wasnt anointed because there was no epoch because of the Sabbath. Very early Sunday morning, the women went to anoint Jesus only to find the stone had been rolled away, they worried and an Angel said to them Why do you look the living one among the dead?6 He is not here, but he has been raised. Remember what he said to you while he wa s still in Galilee, 7 that the Son of Man must be handed over to sinners and be crucified, and rise on the third day. 245-7There is not that much text describing Jesus meeting the disciples meeting the Lord. This possibly can be attributed to the fact that Luke wrote the Acts of the Apostles which contains a good deal of information on the 40 old age of the Lord after resurrection.Although little is known historically close Jesus birth, thanks to the work of Luke and the attention to detail we know more. The historical information about the crucifixion of Christ reaffirms the accuracy of the gospel according to Luke.