Tuesday, October 29, 2019

The Past and Present of Ethical Cultures Essay Example | Topics and Well Written Essays - 1000 words

The Past and Present of Ethical Cultures - Essay Example Therefore, Martin Luther King finds a reason to break laws as long as he believes the laws are unjust according to what his conscience tells him. As such, he was willing to break laws as long as he felt that the laws were unjust to his morality and ethical standing, and by breaking such laws, he felt that that was the highest level of respect for the law altogether (Redner 2001, 191). Therefore, as much as Martin Luther King was expected to respect the laws of the land, he also found it his moral duty to seek justice by breaking an unjust law, thereby finding a reason to be willing to break the law. Martin Luther King’s arguments for being willing to break the law calls for the willing individual to be ready to willingly take up the corresponding penalty and carry it to its maturity. This means that breaking a law does not just end there, but incorporates the ability to be able to be responsible for your actions to the level of going through the penal system should the need arise (Shah 2007, p. 21). Consequently, this highlights the full depth of what willingness to break the law entails. J.A. Boss speculated that no one could rightfully accuse David Duke of being insincere since there were technically no laws that could be used in support of such an accusation. This was at a time when discriminatory laws were the order of the day and most instances of injustice, particularly racial, went unchecked. In such a scenario, it was increasingly difficult to counter such instances, as it would basically necessitate the changing of the constitution and a variety of laws to support a counter accusation. In addition, it would require drumming up the support of a significant number of individuals, and this was just not an easy feat to pull through.  

Sunday, October 27, 2019

Understanding Food Health Nutrition And Diet Media Essay

Understanding Food Health Nutrition And Diet Media Essay Good nutrition is vital to good health. With such multiculturism and modern society, food has established to be much more sophisticated and in variety. Our world is swept away with not we eat as a normal food but it has been triggering our taste buds by colourful advertisements. Although minority of people in uk may eat well but most of them from backward and disadvantaged society care less about how they eat. Poor nutrition is the major problem in our country, unhealthy diet and physical inactivity, have produced to the growth of obesity in our country. The purpose of this assignment is to create a difference between food and diet and similarly it includes how the media representation has affected our lives with unhealthy choices and the impact on health wellbeing. The assignment reflects on the policy of food manufactures which influences the range and quality of the food consumed, and furthermore we will focus on unhealthy eating habits which have lead a threat to different kinds of diseases in Uk. Background As food industry is rapidly growing we will focus on how early advertisements for foods had helped in changing the way of food we eat. The word advertising is acquired from the French advertisement which is also said as a giving attention or broadcast. The aim of the advertisement is to publicly convey the information through mass communication. Advertising brings focus to variety of products such as consumer products, including food which is also a major consumer of advertising. Advertising depends on individual manufactures or as in a group and by wholesalers,retailes and distributors According to the long history of advertising, modern advertising began with discovery of printing in the sixteenth century. The early advertisements for foods which were implied those for books, medicines, cures and remedies meant to be for foods and drinks that were first dominated by upper class people. The English first reported coffee in 1652,chocolate in 1657 and tea in 1658. there was no significance expansion of print advertisements until the eighteenth and nineteenth centuries. The growth of the advertisement began to spread by changing and developing trade patterns especially the rail network and the improvement of roads, therefore the improvement of transportation granted the expansion of extended regional and national trade  networks. As  the goods and products began increasing they had to be more efficient and effectively distributed and marketed. The early stage of advertisement included the print media, the spread of literacy, newspapers and magazines ,after 1850 ,t he development  stimulated. In  the last hundred years that advertisement has developed in a major industry. So it has become important that it is the core to the production of general communications and provides the commercial basis that qualifies to exist. Understanding Food, Health, Nutrition and Diet Food Food can be defined as the any substance that provides the nutrients necessary to maintain life and growth when absorbed. However when most of the animals feed, they repeatedly consume foods necessary for their wellbeing but in humans, however, do not eat .they eat. Over the last 100 years the society has believed that the apart from supplying basic energy ,food has very little sustain on physical and mental health .food then, is something very powerful rather that of mere nourishment ,it forms the significance of the very being. Health Health comparable to love or joyness is hard to explain or basically impossibly to measure. According to WHO (World health organisation),health is defined as a state of complete ,physical ,mental and social wellbeing and not merely the absence of diseases and infirmity. This definition of health has a whole dimension of meaning on how we understand health. Our health is affected by how we choose to live our life and these aspects of life depends on mental issues ,significance such as climate ,our intake in nutritional food ,comfortable shelter, clean air to breath and pure water to drink and socially how much we are connected with our family, friends and in our workplace. Health is how we take decisions in our daily life, sometimes the social and physical environment present obstacles to making healthier choices. Health is not something that happens miraclously.There is three main things to remember about health. Being free from symptoms of disease and pain as much as possible. Being active ,able to do what you want and what you must at the appropriate time. Being in good spirits and feeling emotionally healthy most of the time. Nutrition Nutrition is the study of all the intercommunication that occur between people and food. It includes the understanding which nutrients we need ,where to find them in food ,how they are used by our bodies,and the result they have on our health .It s also considered the other factors such as society ,culture, economies and technology, which are involved in maintain and choosing the food we eat. we do not eat specific nutrient,we eat food and we choose the right amount of combination of foods and thus our diet provides all the nutrients we need to stay healthy and if we choose a poor amount of food in our body the essential nutrients will be missing in our body   but however to maintain the right nutrients it can be very challenging and difficult because we eat for many other reasons but we do not eat thinking that we need nutrients to maintain a good diet . There are over 40 different nutrients important to human life. We need to consume these nutrients in our diets because it   is not made by our body and it cannot be made in large amounts to get healthy. Different food contains different nutrients depending in amounts and combinations. Nutrients provide three basic functions in the body. Some nutrients provide energy, some provide antibodies and some provide structure. Each nutrients has its own unique way of performing all these functions and all the nutrients together are needed for growth, to maintain and repair the body and to allow us to reproduce Diet Diet is the right amount of food we eat according to our bodys resistance. Once our nature of diet is determined, it is important to develop and control of what we eat .this is important because to provide enough energy as well as balance our metabolic needs . Although we have the right amount of our nutrients it is important to have a balance diet. As for the formal routine of our meals which is three square meals depending on what we eat in our breakfast, lunch and dinner but many of us end up eating much more than how much we have to eat . we indulge ourselves with several snacks or treats thorough out the day depending on our food and energy .the pattern of eating has been changing thus to maintain of body nutrients we need to have a   balanced diet and approach to healthy eating. Life style and behaviour Early childhood is considered the most important stage of the development. Healthy early child development includes the physical. Healthy early child development includes the physical, social (emotional and language) and cognitive behaviours each of which is equally important . our early childhood stages of influenced by wellbeing ,obesity, or stunting ,mental health, heart disease,literacy and numeracy criminality and economic participation through life.   The relationship between lifestyle and health is regardless of understanding the consequences and of personal decision making and patterns of behaviour that have tremendous effect on health and on the nations economy. The range of other behaviours that adversely affect health is tremendous. Our dietary behaviours such as consumption of fat ,sodium, and sugar ,leading to an epidemic of obesity   and associated problems. Fast food has donimated the cycle of food industry .the cheaper price and tasty way of changing   how eat .it is impossible to count and focus on how to check the intake of carbohydrate and fatty food . on the other hand if we talk about exercises , it is yet very essential to at least jog or walk a mile everyday to reorganise our body but because of growing number of facilities and remedies were prolong to give ourselves some time, so should we blame on modernisation? We have easily coped with modern society and its technology .many researchers has revealed that t oo much spending time on for example television can cause harmful illness as it has less physical activity. These days children has no outdoor activities because they are lured in computers, video games and mobiles. Difference between Food and Diet food diet Provides nutrients(proteins, fats carbohydrate, minerals) Habitual eating Origin from plants and animals Maintains body nutrients Two methods Hunting, gathering and agriculture Restricting over eating according to our height and weight Consists variety of such as vegetables, meat and dairy products Healthy lifestyle   Nutritional requirements Proper nutrition is a very essential to our body because it keeps or body functioning normally. Our body cannot function on its on it needs nutrients from food to transfer all the energy we need and the nutrients is obtained from our diet therefore our body will store them . Nutrition also targets on how diseases, conditions and the problems can be prevented with a healthy diet but moreover it helps in recognizing certain diseases or problems such as poor diet ,food allergies and other metabolic diseases. A well-nourished body equally distributes all the nutrients in the food to all parts of the body. Nutrition is categorised in two ways macronutrients and micronutrients, both has a vital role to providing the right amount of nutrients. Macronutrients consists of carbohydrates, proteins and fats where as micronutrients includes minerals, vitamins and water. Advantages and disadvantages of processed food Food processing is the process of changing raw food materials into more readily usable form. Its advantages and disadvantages are: Advantages: 1. We get food materials out of season. 2. It prevents spoilage of food stuff. 3. It enables the availability of food material at distant places. 4. Storage period increases. Disadvantages: 1. Processed food-stuffs often lose nutrients. 2. Milled and polished rice results in loss of iron and vitamin B. 3.   There is loss in weight and nutrients. 4. The original taste changes to some extent. Function of food advertising Advertising has plays an vital role and has number of functions. it  is meant to launch new  products. It  is used to increase the sale of the products that are already established in the marketplace. In 1956 the advertisement for the biscuit company ,manufactured by Cadbury caused a high increase in its sales.the main function of advertisement is to promote the growth of the product.with higher incomes,fancy eating and changing drink makes a competition in the marketplace to regain its market strength. Costs of Advertising Plenty of money is being spend for food advertising. In Great Britain in 1999 the top food advertiser was Mars, a confectionery firm, which spent $99,488,921 ( £63,629,000) on its advertising; the second, spending $82,966,590 ( £53,062,000), was Kelloggs (GB), followed by the supermarket chain J. Sainsbury with $76,846,990 ( £49,151,000). The top brand was McDonalds fast-food restaurants, which spent $66,260,524 ( £42,379,000). Other highly advertised brands include the other fast-food restaurants, Kentucky Fried Chicken $19,279,797 ( £12,331,000) and Burger King $17,604,550 ( £11,259,000). Among the high food advertisers were supermarkets that promoted both their stores and their branded products. Sainsburys was the top supermarket brand ($45,528,848, or  £29,118,000) followed by Tesco ($28,564,912, or  £18,286,000), then Asda ($25,034,171, or  £16,010,000). As these figures suggest, not all foodstuffs are advertised to the same extent. In Britain in 1999, highly advertised foods include cereal products, confectionery, ice cream, potato crisps, snacks and nuts, margarine, lowfat spreads, and cheese. By comparison, small sums are spent on herbs and spices, excluding pepper and curry. Advertising-to-sales ratios vary greatly between products. For herbs and spices and fresh vegetables the figure may be as low as 0.06 percent and 0.07 percent respectively. Many foods had less than a 1 percent ratio. Intensive advertising at 11.31 percent was noted for cereals. Generally, advertising of food products shows a lower percentage of expenditure than that of other products, including alcoholic drinks and tobacco source:  http://www.answers.com/topic/advertising-of-food Advertising Media Food is advertised through a number of channels. As new technologies have become available, the opportunities for advertising have enlarged. A number of these are especially important. Newspapers and magazines have long been a significant vehicle for advertising. Newspapers in Britain published advertisements in the seventeenth century, and, as the provincial press expanded, greater opportunities became available for food advertising. In the later nineteenth century, magazines increasingly started to carry advertisements: In the United States in the 1930s, some 20 percent of products advertised in the major print advertising media of womens and domestic magazines were for food and drink products. When radio networks were discovered(in 1926 and 1927 in the United States), they used advertising to bring in cash flow. Food and drink manufacturers sponsored programs and also advertised their products in short commercial breaks. In the 1950s television introduced a further medium that owe s its effectiveness to the wide range of means that can be used to promote a product: moving pictures, sound (voice and music), and the written word. In the late twentieth century the introduction and extended use of the World Wide Web and e-commerce had an enormous initial growth. In the United Kingdom, growth rates for online marketing since the mid-1990s have been consistently well in excess of 100 percent, year after year. Internet advertising is undertaken through a number of means. In the year 2000, the majority (81 percent) of advertising took place through banners, and small numbers through sponsorship (9 percent), classified advertisements (7 percent), and other means (3 percent). Internet advertising includes sites from manufacturers, product manufacturing boards, supermarkets (which allow for online shopping and home delivery), and food enthusiast sites (for example, for British products in the United States). Other media have provided further means of advertising food. Billboards and hoardings were first used for this purpose in Britain in the 1890s and are found over a wide geographical area. Light displays in cities, such as those for the carbonated drink Irn-Bru in Glasgow and Coca-Cola in London, have presented advertisements as visual images within central cityscapes. Buses and electric cars (especially since the 1890s in the United States) have carried advertising, usually on their sides or rear. Manufacturers advertise their products on their distribution vans; some also have special promotional vehicles that they use in campaigns where they take their product to public places or special shows to advertise it. Sponsorship of major public popular and sporting events is undertaken by a number of manufacturers. Flora margarine, made from sunflower oil, which is high in essential polyunsaturated, has been the sponsor of the London marathon in the late 1990s; the Bells open golf champio nship is sponsored by Bells, the whiskey manufacturer. Advertising and promotion of foods is undertaken within the retail industry. Fancy displays draw attention to one or a range of products. In Britain, displays from the 1860s included decorative tins with hinged lids developed by the biscuit manufacturer Huntley and Palmers of Reading. As self-service supermarkets developed, largely after World War II, products could be displayed to draw special attention to them. Three-dimensional displays promoted a single product or a range, and tended to be developed by manufacturers. Supermarkets sometimes hold special testing events where customers can sample a product, thereby encouraging them to buy it. Food is also sold in special promotional packets, sometimes at a special introductory price or a special promotional price. These may hold a sample of the product that can be packaged in a way that reflects the packaging on the regular-sized product. A range of temporary material is distributed to food wholesalers and retailers by manufacturers and others involved in processing and distribution. Some of this, including calendars, pens, and pads of headed note paper, is intended to remind the consumer of the product on a daily basis. Coupons, which allow the consumer to receive a discount on the product when they present one to a retailer, are found in a range of print media, especially newspapers and magazines. The medium that is used to advertise a product is selected for its appropriateness to that product, the nature and scope of the advertising campaign, and its desired target audience. Each medium has its own values and qualities. When television started to become widely adopted in Britain in the mid-1950s, Birds Eye decided to use this new medium to advertise its frozen food products. The company was aware that families with televisions were more likely to be interested in new ideas such as Birds Eyes products. At that time it was recognized that there was a potentially large market for frozen food, which was a relatively new phenomenon. In the 1920s daily newspapers were best suited to advertise foods and other products that were bought on a regular basis. Magazines that were to be read by a particular social class or group carried advertisements for foods and other products that would likely be consumed by them. Advertising Targets Much food advertising is targeted at women, the main buyers of food in the household. As children are recognized as important persuaders in that process and as they may accompany their mothers to buy the family food, advertising is also targeted at them. Recent studies of food advertising in South Africa show the need of advertisers to monitor social changes because food advertising, like advertising in general, reflects social and cultural trends, values, and attitudes. Cultural differences are also reflected in advertising. Chinese television advertisements tend to signify family values, tradition, and technology, whereas themes in American advertisements tend to symbolize the importance of enjoyment, cost savings, and individualism. With the emergence of global culture, specific values such as global cosmopolitanism and modernity (often symbolized by the hamburger) will be spread around the world. Food advertising reflects changing food tastes, diet, and dietary habits. The extent of the references to nutrition, health claims, and weight loss has altered in advertisements in recent decades. Research has indicated that in the United States from the 1960s to the 1980s there was an increase in references to health and weight loss in advertisements for hot and cold cereals, bread and cake mixes, frozen and pre-prepared entrees, peanut butter, canned and instant dry soup, and carbonated beverages in a range of womens magazines. There was a significant rise in health claims in the 1980s, higher than in the 1960s, and the percentage of diet claims that appeared in food advertisements in the 1980s was significantly higher than the percentage reported in the 1960s and 1970s. At the same time, between 1960 and 1980, there were substantial decreases in claims of quality, taste, status, and consumer satisfaction. These may have resulted from changes in womens consumption and dieting behav ior and the increased demand for food that is low in calories but high in nutrition. Concerns about increasing prevalence of obesity in the United States and campaigns against fast-food artificiality-both within the United States and beyond-will likely influence food advertising. SOURCE http://www.answers.com Brand Names Central to the advertising of food is the promotion of brand names and trade names that distinguish between one manufacturers product and that of another. As the survival of these names depends on advertising, some brands and trade names have large advertising budgets allocated to them so that they can maintain their status as products and their place in the marketplace. Brands and trade names arose in the nineteenth century as a response to increased production and the need to efficiently and effectively market products. Brand names started to be promoted in the 1870s, after which their use spread quickly. Significant increases were especially noted in the early twentieth century. Even after they were rapidly adopted, the extent of their use varied geographically and throughout time. During World War II, when widespread restrictions caused materials and food shortages, brand names were abandoned in Europe and were replaced by utility products. They came into operation again once pea cetime conditions were restored. In some cases this was not until well after all controls on food and other raw products were lifted. Especially developed in Western Europe, brand names were, however, prohibited in Eastern Europe. Source http://www.answers.com Impact on health and well being   As we all know the effects of advertising on our lives but lets focus on how much damage it has build in our lifestyle. Large amounts of money are spent in food advertising but as we buy them it all ends up in costing our money as well as our health. In uk obesity is rising in vast number, but there is one reason that is very important is over eating and eating unhealthy food such as junk food, processed food is creating more problem than any other reasons. We are so much brain washed by the advertisements that we spend lots of money just to satisfy our needs and wants.   The childhood obesity is a serious public health problem .Food industry targets children and youth thus leading to body dissatisfaction, eating disorders, depression, bullying and low self-esteem. Obese children has many chronic illnesses such as diabetes,asthma,cancer and other cardiovascular disease but there can be many other psychological and social distress as well but although advertisements do not control on how much we spend and how much we eat it is basically the foods are getting cheaper and more tastier. Conclusion Food advertisement is nor good or bad but how much it has influenced on our health and diet has raised concerns. Food product choice is overwhelming as well as TV commercials and print advertisements has been increased in unhealthier choices. Everything is advertised from food to other materials. As we are lured into buying the food products it has been very difficult to cope with the health problems .Children and women are the main targets because it is very convincing and exclusive. It is not only important to realise that health can be deterioted by our personal choices but as giving ourselves a little bit of time and having a healthy lifestyle. We all seem to be aware about the consequences about the diseases but simple steps can change on how we choose to live our lives. physical activities, healthy food, social interaction ,comfortable shelter and good sleep are some examples that can change our health , therefore we should always control our stress level and try to maintain a healthier choices.

Friday, October 25, 2019

Clinical Genetic Disorder: Beta Thalassemia Essay -- Genetic Blood Dis

John and his wife Mary decided that after 3 years of marriage it was time for them to bring a child into their life. John and Mary lived on the coast of Italy, where the weather was always sunny and warm and the water not but a stone toss away. John and Mary decided that it was the right time, then, 9 months later they conceived a son, they named him Henry. During the first two years of Henry’s life John and Mary noticed abnormalities in Henry’s development. Henry did not gain weight or grow as he was expected to. He also exhibited signs of weakness and fatigue. Henry had always been pale, and this alone was never enough to alarm suspicion; but Henry’s paleness started to shift to a more yellowish tint, and along with these other signs raised enough suspicion to take Henry to the hospital. The doctor took blood from Henry to be tested. After the test result came back the doctor concluded that Henry had an enlarged spleen and liver. He was suffering from a heredit ary disease called beta-thalassemia. John and Mary in complete dismay questioned the doctor as to how their son suffered from a hereditary disease that neither of them suffered from. The doctor informed the grieving parents that both of them must be carriers of the mutated HBB gene. During the conception of Henry, John and Mary must have passed on the mutated recessive gene on: thus with the presence of two mutated recessive HBB genes caused Henry to develop Beta-thalassemia. The doctor continued to explain that the beta-thalassemia causes the beta-globin, a subunit of hemoglobin, to not be produced creating non-functional hemoglobin. Without sufficient hemoglobin, red blood cells do not develop properly, causing a shortage of mature red blood cells. This lack of red bl... .... MedicineNet, "Beta Thalassemia (A Genetic Blood Disorder)." Accessed January 27, 2014.http://www.virtualmedicalcentre.com/diseases/thalassaemia-mediterranean-a nemia-cooley. Palit, Sarmi, Robiul Bhuiyan, Aklima Jannatul, Raju Dash, and Talha Emran. Journal of Basic and Clinical Pharmacy, "A study of the prevalence of thalassemia and its correlation with liver function test in different age and sex group in the Chittagong district of Bangladesh ." Last modified December 31, 2012. Accessed January 30, 2014. http://www.jbclinpharm.org/article.asp?issn=0976-0105;year=2012;volume=3;issue=4;spage=352;epage=357;aulast=Palit. Virtual Medical Centre, "Thalassaemia (Mediterranean anemia; Cooley’s anemia)." Last modified 11 2, 2008. Accessed January 27, 2014. http://www.virtualmedicalcentre.com/diseases/thalassaemia-mediterranean-anemia-coole'ys-anemia/130

Thursday, October 24, 2019

Does marketing create or satisfy needs? Essay

When we talk about marketing, there are lot things that we should know first. Marketing is activities of creating value that desired by the potential buyers and receiving value from the potential buyers for the value that they have received. When marketers want to create something that has value to the potential buyers, marketers must know first, what do the potential buyers need or want. As a marketer, it does not make any sense if we sell something that does not have value, or if the marketers want people to purchase something that they do not need of even want. Marketers can not force anyone to do something. They can only ask them to buy their product or service. Some people might not care about what they are asking for. So, in the business of selling product or service, we know word â€Å"marketing†. Marketing is an art of identifying and meeting the people’s needs and wants. It is all about communication between two parties that profitable for the both sides by exc hanging value. Marketing is not that easy to do. As we know, we can not mess with the â€Å"free will† of the people around us or people that we see as the potential buyers. It is up to them if they are willing to buy the marketers’ products or service. In this case, the marketers have to do their marketing activities. Their job is to tell people that their product or service is suit with the people’s need or want. Therefore, the marketers have to know what do people need or want. How can the marketers find out about what the people need or want? They analyze the potential buyers. They have to collect data about the potential buyers. The data is all about their behavior and so on. Anything that can help the marketers to make the potential buyers recognize their product or service and tell them that they should buy it because it is something that they need or want. Products and services can not be created or even sold if people do not need or even want them. So, the data about t he potential buyers’ behavior is important. When the marketers analyze the data, they can tell if their product or service is desirable or not. In the marketing, we know â€Å"4p’s†. 4p’s are product, place, price, and promotion. First is product. It means that in order to make the potential buyers purchase the marketers’ product or service, they have to create a product or service that has desirable value. In another word, a useful product must be created for the potential buyers. Second is place. When the marketers want to sell their product or service, they have to consider the place also. Place that geographically potential to sell the product or service. Selling product or service at a wrong place can bring the marketers to the misery of loss. It can happen because place or environment can affect the ways of thinking or the behavior of the people in it. Different place means different need and want. Kentucky Fried Chicken (KFC) recognize the need of Indonesia people for chicken that being eaten with rice. So, unlike in the other countries, they sell not only fried chicken, but also rice in In donesia. So, it is an important thing to consider the place to sell the product or service. Third is price. When the marketers sell their product or service, they have to set price that suit with their product or service. For example, we can not sell T-shirt at a price of $10,000. It will make sense if what we sell is car. So, the marketers have to set the price based on the value they are offering to the potential buyers. Nowadays, discounts can make the product or service being purchased. Setting the lowest price to pull the potential buyers is becoming trend to many companies. The last one is promotion. Talking about promotion is all about sending message to the potential buyers. The message tells the potential buyers that they need or want the product or service. That is why they have to buy it to fulfill their need or want. Promotion can be in any forms. The product or service can be promoted in commercials, banners, and any other media. The message must reach the way of thinking of the potential buyers or even their heart. Whatever it takes to make them desire and purchase the product or service. To sell the product or service, any marketers have to really consider about the 4 p’s. As we know, nowadays, people are independent and have their own thought. So, marketers have to think hard in order to reach a lot of people. But only reach people, but they also have to pull people to recognize and purchase the product or service. We can not avoid the fact, different  person, different personality, different thought, and different perception. What the marketers think is not the same as the people think. The way people think is influenced by the environment or the society around them. Places with different cultures must have different kind of people. Culture influences people time after time. So, it is something that can not be easily erased or changed by any marketers. And people with different kind of family backgrounds and different kind of friends must have different perception or way of thinking. People or group around the potential buyer influence their way of thinkin g and sometimes help them to decide what do they need or want. So, any marketers can not underestimate the 4 p’s. The needs and wants of the customers are differently created because of factors, such as cultural factors, social factors, and personal factors. First, cultural factors like the cultures around the customers create several certain needs and wants. Mostly, the culture in a country is different from the other countries. In a culture of a country, people have a different perception and way of thinking than people in the other country. It is a fundamental determinant of the marketers’ opportunities to enter the market. The second is social factors, such as reference group, family, role, and status. As we know, people around the customers are influence the way of thinking or perception and the behavior of the customers. We also know that people with different roles and status must have different needs and wants. For example, a person with a role as a governor needs a security. Unlike the common people who do not need any added security need. High status people usually purchase more than low status people. The high status people might need an expensive brand like Armani to show other people that they have a high status and power. Unlike the common people with middle to low status. They do not need more than a well known brand like Zara or something like that. As long as they are wearing an outfit that looks good on them. The third one is personal factors, such as gender, age and life cycle, economic circumstances, and lifestyle. Gender is really matter to create needs and wants. Women and men have different perception and circumstances. Women routinely need cosmetic to make them look good. But men do not need any cosmetics. Age and life cycle of the customers determine their need. A person in age 1 up to 2 or in ‘baby’ life cycle needs nappies. But a girl in  age 16 or in ‘teenager’ life cycle needs tampons. Economic circumstances of people are also determining what do they purchase. People with a good economic circumstance can recognize more needs and wants and purchase more than the other people. Next is lifestyle. It is obviously that lifestyles of the customer influence their behavior and they can also recognize their need and want. Because of their lifestyle, people purchase different thing with the other people. Lifestyle is a person’s pattern of living in the world as expressed in activities, interests, and opinion. For example, mostly of the people with a healthy lifestyle do not purchase junk foods. They only purchase fresh foods. So, they basically create their need based on the way they are thinking and their own perceptions. We can think of marketing as a way of making sure the customers have the right types of product and service experiences to create the right brand knowledge structures and maintain them in the customers’ memory. In practice, marketing is following the logical. First, marketers have to analyzing their opportunities, and then they have to select their target market. Market is a group of consumers or potential buyers. Marketers select the market which is desire their product or service, because they need or want it. Targeting market is about targeting people who do you think want to buy your product or experience your service. In practicing marketing in the target market, marketers also have to consider the four dimension of SIVA. SIVA contains of solution, information, value, and access. These are the questions of the customers that are designed to be answered in order to make the benefit exchange between the customers and the marketers. Solution : How can I solve this problem? Information : Where can I learn more about it? Value : What is my total sacrifice to get this solution? Access : Where can I find it? The dimensions above are the basic questions that must be answered by the marketers. So, to attract the customers, marketers must tell them that they can solve their problem. Somehow, the marketers must communicate with the  customers and make them sure that the marketers are really care about their problem and also care to solve it. In communication, marketers not only make the customers recognize their care, but also recognize the capability of the marketers to help the customers. The marketing process cans not being processed without any push by any means from the customers. Marketers are developing the marketing plan by analyzing the customers’ behavior or customers’ environment first. Any strategies that created are basically reflected by the data of the customers and their environment. Marketers communicate with customers in order to find out what do they need or what is their problem and tell them that marketers can fulfill it and also solve their problem. So, we can say that Marketing is reflect the needs and wants of the customers and happening in order to satisfy customers’ needs and wants. There is no way a company creates a useless product or service. There must be reasons and goal to reach when a company creates product or service. The marketing plan that developed by the marketers simply reflected by needs and wants of the customers. Marketing exist in order to satisfy the needs and wants of the customers. There is another thought that say ‘Marketing shapes or create the need of the customers’. Some people might be agreed with the statement. There are a lot of marketers that have innovative and creative thinking who usually ‘think outside the box’. They make a new product and service. An unusual product or service that launched by the marketers. They promote them and tell the market that they should buy this for goodness sake. Because they need it. So, people simply think that marketing might shapes or even create the need of the customers. But there is something that we have to consider. They are creative and innovative marketers who basically just like the other marketers. They collect data from the customers and the environment around them and then transform it into useful information. But, they who think outside the box can recognize the ‘new need’ of the customer. So they create product or service based on their recognition. Product or servic e that the customers might do not think to need it but in the end, the customers hold on that product or service. All we can say is that the marketers just recognize the ‘new need’ of the  customers, but not create them. Who creates them are the customers themselves. For example, when they need communication, they have cable telephone. But, the marketers recognize that the cable telephone might not appropriate for people nowadays. So now there are cell phones. Portable phones are now become a basic need. People can not live without communicate with the other people by cell phones. The marketers found the ‘new need’ just by analyzing the customers and the environment. But, the customers are basically creating them time after time. Marketing is about recognize the existing problem or even the new problem of the customers and tell the customers that they can solve it by their product or service. It is all about satisfying the customers’ need and want to gain value from them too.

Wednesday, October 23, 2019

When Some Cities Tend to Modernize and Others Tend to Conserve Traditionalism?

Introduction It can happen that sometimes you have a personal dispute with a family member, friend or neighbour, or a legal dispute involving business. There are three main ways as alternatives to going to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means â€Å"Alternative Dispute Resolution† and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992).We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement.Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period, helping local people to resolve civil disputes and to preserve harmony in the society.However, the Mao's economic reforms have brought some physical and social changes of the Chinese cities. Reforms have promoted the development of the legal system and other formal legal institutions. They have also permitted more individual freedoms, since the decentralization of the political control. Moreover, the fast-growing economic developments, the modernization and the Westernization have led to the apparition of new cities which advocate the ideas of individualism, competition and private space, ideas totally at the opposite of the Chinese traditional culture which advocates he social harmony in community and society. In my essay, I will try to answer to this question: To what extent the role of the People's mediation committees in China now is still significant when some cities tend to modernize and others tend to conserve traditionalism? First, I will present the evolution of the traditional Chinese legal system to the contemporary Chinese legal system. Second, I will focus on the case of mediation, one Alternative Dispute Resolution, and the People's Mediation Committees.And finally, I will explore the importance of the teachings of Confucianism in the evolution of mediation. I. From traditional Chinese legal system to contemporary Chinese legal system Chinese history, even in the last century, has gone through several events which have affected the development of its judicial system. Conscious that traditional Chinese law was backward and that a Western legal system, more modern, would improve a lot the development of Chinese society, Mao attempted to establish a modern legal system based on rules and law in 1949 (Utter, 1987).The Communist Party recruited first former nationalists, who knew all about the Western legal systems: â€Å"To staff the new legal system, the Communists retained a number of legal specialists who had worked for the Nationalists, primarily because the Communists did not have within their own ranks people with skills and knowledge to run a complex legal system†, but they were completely â€Å"politically unreliable and elitist† (Utter, 1987).The Party then replaced them by â€Å"new cadres† selected for their political allegiance to the Mao government, and not for their abilities in legal system, â€Å"[t]he new cadres lacked legal skills and knowledge† (Utter, 1987). This decision of the Chinese Mao’s government influenced the development of the legal system. They were convinced that complex processes were only burdens to the modernization of the legal system, so they developed a system easily understandable and accessible to the people:During the first few years of the communist party, the â€Å"new cadres† helped to establish law codification commissions, judicial and police structures. Law schools opened and some legal books were published. In 1954, the first Chinese constitution which established a tripartite governmental design consisting of the supreme people’s courts, the supreme people’s procuracy, and the state council, all responsible to the standing committee of the national people’s congress, was introduced (Utter, 1987).However in 1 957, the improvements of the Chinese legal system began to stop: During the anti-rights movement, the communist party’s sentiment towards the need for a â€Å"modern† legal system changed dramatically. Many specialists were removed from their posts and then attacked and denounced for the very policies they were initially retained to develop. Law schools were closed and plans for further codification were terminated. The communist party went as far as to undo and supplant existing laws as well as to replace the role of the courts and procuracy with public security bureaus (Utter, 1987).After Mao’s death in 1978, during the â€Å"Four modernizations† (in industry, agriculture, national defence, science and technology in Chine), the new government of Deng Xiaoping (1904-1997) established the 1978 Constitution, which restored the emergence of lawyers, law schools and legal publications. Finally, with the promulgation of the 1990 Procedural Law of Administrati ve Litigation and the 1991 Civil Procedure Law, Chinese legal system significantly evolved to a more structured system. Even with all these progress, mediation remains the most used dispute resolution process.The 1989 legislation, that placed the people’s mediation committees under the jurisdiction of the Ministry of Justice, allowed the modern mediation system to be more independent, professional and efficient. Many cases are diverted from the courts and passed on mediation committees: [T]he mediation committees have settled cases covering a wide variety of topics such as divorce, inheritance, parental and child support, alimony, debts, real property, production, and torts, as well as other civil and economic disputes and criminal misdemeanour cases.They have also played an important role in preventing crime, reducing litigation in the courts, enhancing the people’s unity, and promoting social stability. Over seven million disputes are satisfactorily resolved through the use of mediation each year in China, far surpassing the number of cases brought to Chinese courts (Ge, 1996). However, this support of mediation retarded the development of judicial law and the implement of existing laws because the mediation procedure is based on local beliefs of fairness and communist ideas. The adoption of the 1991 Code of Civil Procedure affirmed the commitment to mediation of China’s government.Mediation and the People’s Mediation Committee In the Chinese legal system, dispute settlements can be classified into two different categories: formal dispute settlement (at courts) and informal dispute settlement or alternative dispute resolution (ADR) (negotiation, mediation and arbitration). ADR has long existed in China and traditionally been preferred to the courts for many reasons. Mediation, as one of the different means of dispute resolution, is widely practised in China. To define it, mediation is â€Å"an effort by a third party to encourage parties to a dispute to voluntarily reach an agreement to resolve their dispute†.There are currently various types of mediation in China: civil mediation, judicial mediation, administrative mediation and arbitration mediation. Civil mediation is also known as the People’s mediation, by People’s Mediation Committees, outside the court. I will focus on it further in the essay. Compared with judicial mediation, People’s mediation offers a more amicable way to resolve disputes and to avoid many disadvantages of judicial mediation, like the rigidity of the judges and mediators in the mediation process. It is used by People’s Mediation Committees which help parties voluntarily reach an agreement.People’s Mediation Committees (PMCs) are, with courts, the most largely known institutions for dispute resolution in China. They are informal mediation institutions, which have been existed in China for centuries, allowing people to avoid a legal system an d court procedures which have always been subjects of fear in the society. Article 111 of the Constitution of the People’s Republic of China states that â€Å"People’s Mediation Committees are a working committee under grassroots autonomous organizations – Residents Committee, Villagers Committee – whose mission is to mediate civil disputes† China’s Judiciary, http://www. china. org. cn). They were established in the early years of the foundation of People’s Republic of China in 1949 and of its legal system and helped to maintain social control, to resolve non-class-struggle disputes and to conserve harmony: Mediation â€Å"serves to articulate and apply the ideological principles, values and programs of the Chinese Communist Party and helps to mobilize China’s people to increase their commitment to party policies and goals.Rather than settling disputes between individuals, mediation also serves to suppress such disputes, whic h are regarded as harmful social conflict that interferes with the construction of a strong socialist China (Utter, 1987). They appeared again in the late 1970s and early 1980s after the Cultural Revolution (1966-1976), with the China's 1982 Constitution, as a way to resolve minor disputes involving families, villages, workplaces and neighbourhoods, or to facilitate parties to find resolution to disputes before reaching court, a process of mediation which still continues today (Clarke, 1991).Excepted the period of the Cultural Revolution, PMCs have traditionally been praised by the press, as we can see in the following citation: The current system of people’s mediation†¦is a great creation in the construction of our country’s socialist legal system, it is a legal system with Chinese characteristics, and it is an important component of our country’s judicial system†¦ [I]t plays an immense role in resolving contradictions among the people, strengthening unity and friendship among the people and promoting socialist material and spiritual civilization†¦[I]t has received praise in international jurisprudential circles and has been called â€Å"the most distinctive system of the Chinese judicial system†. (Mediation Compendium, 1990) People’s Mediation Committees are typical in the contemporary Chinese society in the dispute settlements within neighbourhoods. Their mission, states by the Article 5 of the Regulations for the Organization of People’s Mediation Committees, is â€Å"to mediate civil disputes and, through such mediation, publicize laws, regulations, rules and policies and educate citizens to abide by laws and respect† (China’s Judiciary, http://www. china. org. cn).PMCs are today institutionalized under the direction of the local government department of justice, they are non-governmental organizations and supplement to the judicial system. People’s Mediations Committees are set up by local residential community in villages, workplaces and in regional or professional organizations to handle civil matters and small criminal matters. It is composed of individuals from the community who are believed to be fair and impartial. They are generally selected for 3 years and remunerated by the government for their services as mediator. Mediation by People’s Mediation Committees is completely free of charge. The procedure is more transparent and more institutionalized today. During the mediation, a mediation agreement, which can be in written and/or oral forms, is reached by both parties.This mediation agreement signed by both parties must clearly provide information on facts, resolution methods and enforcement in relation to the dispute. Article 20 of the Several Opinions issued in 2009 states that â€Å"for an agreement in the nature of a civil contract reached through mediation by an administrative organ, a people’s mediation organization, a commerc ial mediation organization, an industrial mediation organization or any other organization with a mediation function, the parties may apply to the people’s court having jurisdiction for confirming validity of such an agreement after the mediation organization and mediator affix their signatures or seals to it†. This judicial confirmation of settlement agreement is a method to improve the enforcement of a mediation agreement.To request this confirmation, parties to the dispute can apply to the people’s court within a period of 30 days by submitting the mediation agreement and a letter of commitment signed by both parties and responded to the two following statements: â€Å"Both parties voluntarily reach the agreement for the purpose of resolving disputes and have no act of malicious collusion or circumvention of law; and if any damage is caused to any other person due to the content of this agreement, both parties are willing to bear the corresponding civil liabi lity and other legal liabilities. † (Wei & Ying, 2011b). If the court validates the mediation agreement, the court can oversee the enforcement of the agreement. If it doesn’t validate the agreement, parties to the dispute can file for lawsuit at the court. The court decision validity of the agreement becomes effective when the court’s decision is communicated to both parties.If a party rejects the decision of the court, the other party may apply to the people’s court for enforcement (Wei & Ying, 2011b). If we take a look at the figures, it is estimated that at the end of 2010, there were 818,100 People’s Mediation Committees, 4,668,900 mediators who resolved more than 8,418,400 cases of mediation, with a success rate of resolution of disputes of 97% (Wei & Ying, 2011a). The teachings of Confucius closely linked to the mediation For decades, Confucian philosophy has been the foundation of the Chinese culture. Its fundamental values structured all the aspects of the Chinese society. Today, the mediation is founded on the principles of Confucian philosophy and Maoist thought. (China Insight issue 2010, http://chinainsight. info/).Two important principles of the Confucianism laid the foundations of the mediation: the principle of Li, which supposes the preservation of natural harmony and the principle of Rang, which supposes the compromise or the yielding to others in resolution of disputes. Moreover, mediation is a mean of â€Å"educating people and implementing Communist party policy†, based on the Maoist principles. China has been one of the world's most committed nations in the use of mediation to resolve disputes. One other reason of that is the troubled court system in China. There are corruption among judges, a lack of meaning qualifications to become a judge and an inaccessibility of published codes and case law. Mediation in China is a natural â€Å"outgrowth of traditional, family-centred support systems and its principles are based on the ethical teachings of Confucius† (Pierce, 1994).The Confucian ethics are based on â€Å"social harmony, moderation, respect for authority, humility, benevolence and so on in contrast to the Western mediation which endorses an individualistic utilitarian value system of fairness, justice, equality, equity and autonomy† (Jia, Ma, Yang, 2009). The respect of the family structures the relations between individuals and the life in community. Therefore, harmony (he), relations among people (guanxi), face (mianzi) and yielding to others (rang), which are major concepts underlying the Confucianism, play an important role in the process of mediation in China and are reflected in Chinese social interaction and conflict resolution. In order to understand how the concepts from the Confucian philosophy are important in the process of mediation in China, I will focus on these different notions.In the Chinese culture, harmony is one of the most important val ues. Chinese people are convinced that harmony is the universal path that everybody should pursue because â€Å"only when harmony is reached and prevails throughout heaven and earth can all things be nourished and flourish† (Legge, 1995). To the Chinese, conflicts are considered more like detractors from harmony rather than problems of communication. Chinese people therefore are only aiming to establish a conflict free interpersonal and social relationship (Chen ; Chung, 1994). The conflict prevention in China is maintained by the principle of li (rites). â€Å"Li refers to norms and rules of proper behaviours in a social context.It is an external means to achieve the ideal state of harmony by showing a feeling of respect or reverence to others† (Chen ; Xiao, 1993). Mediation is mainly based on the li principle. As we know, mediation is an alternative dispute resolution with the priority of a mutual respect and harmony between the two parties during the process. It is also based on the rang principle. Chinese people know how to yield to the other party to end a conflict, in order to keep the relationship â€Å"guanxi†. The harmony pursued in a dispute resolution is supported by two traditional notions: guanxi and mianzi. During the mediation, both parties are trying to reduce the negative impact of conflicts in order to save face and to keep the guanxi.Guanxi means the relationships between two parties. It gives some specific communication rules and patterns in order to avoid an embarrassing encounter or serious dispute. It is deeply connected to the mianzi. Mianzi refers to â€Å"the projected image of ourselves in a relationship network† (Ting-Toomey, 1988). It supposes a mutual respect from the parties to save faces because any conscious act of making the other party to lose face will damage their own image and destruct the relationship. â€Å"It represents our social position and prestige gained from the successful performance of our specific social roles that are well recognized by other members in the society† (Hu, 1944).To conclude, due to the accent heavily put on the harmony, Chinese people have recourse to a mediator to help them to resolve dispute. Conclusion For more than 2,000 years, China has used mediation as its major form of dispute resolution. It has long been recognized that the â€Å"Chinese legal system has been one the world’s most committed institutions in the use of mediation to resolve disputes and a leader in developing ways to maximize its benefits and effectiveness† (Colatrella, 2000). In the traditional China, the popularity of mediation came from the fact that it is grounded on traditional Confucian values, such as social harmony and compromise in resolving disputes. It aims to limit costs and time to resolve civil disputes involving neighbours, families or colleagues.Even during the Maoist period, mediation continued to be largely used in the conflict resolut ion. The Confucian principles and the mediation process were mainly used by the Communist Party as a means of control of the masses and of promotion of social harmony, with the assistance of People's Mediation Committees (Colatrella, 2000). During the many years of economic reform, China has encountered important changes in its culture and society, as well as in its ways of resolve disputes. In Mao era (1949-1976), the dispute resolution institutions were enhanced through reforms which established a code of civil law and officially institutionalized commissions.Because of the weakness of courts in China (costly, inefficient, long and not confidential), institutions like People’s Mediation Committees are extremely important in dispute resolution. Today, while China is entering in an era of modernization, mediation is still largely used in China, as it is usually preferred by the Chinese people over formal dispute settlements for its saving in cost and time and for its deep imp regnation in Confucian and Maoist philosophy. Bibliography Bevan, Alexander, Alternative Dispute Resolution, London Sweet & Maxwell, 1992. Chen G. M. , & Chung, J,  «Ã‚  The impact of Confucianism on organizational communication  Ã‚ ». Communication Quarterly, 1994. Chen, G. M. & Xiao, X-S,  «Ã‚  The impact of â€Å"harmony† on Chinese negotiations  Ã‚ ». Paper presented at the annual convention of the Speech Communication Association, Miami Beach, Florida, November 1993. Clarke, Donald C. ,  «Ã‚  Dispute Resolution In China  Ã‚ » in Journal of Chinese Law, Vol. 5, 1991, 245-296. Colatrella, Michael T , Jr. , â€Å"Court Performed† Mediation in the People’s Republic of China: A Proposed Model to Improve the United States Federal District Courts’ Mediation Programs, Ohio, 2000. Chen, G. M. & Starosta, W. J. , â€Å"Chinese Conflict Management and Resolution: Overview and Implications†, Intercultural Communication Studies VII, N. 1, 1997. http://www. trinity. du/org/ics/ics%20issues/ics%20vii/ics-vii-1-chen. pdf Ge, Jun. Mediation, Arbitration and Litigation: Dispute Resolution in the People’s Republic of China, UCLA, 1996. Gudykunst, Theories in intercultural communication, Newbury Park, CA, 1988. Hu, H. C. , The Chinese concept of â€Å"face. † American Anthropology, 1944. Jia, Wenshan. Ma, Yun & Yang, Libin. â€Å"The Current Status of Mediation in Building and Sustaining Social Harmony in Rural China: A Case Study of Xunyang County, Shaanxi Province, P. R. China†, Paper presented at the annual meeting of the NCA 94th Annual Convention, TBA, San Diego, CA, 2009. Laeuchli, Urs Martin, â€Å"Negotiations and other ADR with the Chinese†, http://www. nadn. rg/articles/Lauechli-NEGOTIATIONSANDADRWITHTHECHINESE. pdf , last accessed 19 May 2012. Legge, J. , The Four Book, Taipei: Wen Yo, 1995. Mealey-Loahmann, Linda.  «Ã‚  Using mediation to resolve disputes – Differences between Chi na and the United States  Ã‚ », issue of China Insight, 28 May 2010. http://chinainsight. info/culture/chinese-3/526-using-mediation-to-resolve-disputes—differences-between-china-and-the-united-states-. html, accessed 20 May 2012. Pierce, L. D. , â€Å"Mediation Prospers in China†, Dispute Resolution Journal, June 1994, Vol. 49 Issue 2, pp. 19-21 Renmin Tiaojie Shiyong Daquan (Practical Compendium of People’s Mediation), Liu Zhitao ed. , 1990. [hereinafter ‘Mediation Compendium’].Several Opinions of the Supreme People's Court on Establishing a Sound Conflict and Dispute Resolution Mechanism that Connects Litigation and Non-litigation, effective from 24 July, 2009 [hereinafter ‘Several Opinions’]. Ting-Toomey, S. , Intercultural conflict style: A face-negotiation theory. Issue from China’s Judiciary, Mediation system, http://www. china. org. cn/english/Judiciary/31185. htm, accessed 19 May 2012. Utter, Justice Robert F. , Tribut e: Dispute Resolution in China, Washington, pp. 387-391, 1987. Wei, He and Ying, Zeng, â€Å"Extra-judicial Mediation System and Practice (Part I of II)†, Issue of King ; Wood China Bulletin, July 2011a