Monday, February 17, 2020
In a number Of crimes (the) function (of criminal law) is simply to Essay
In a number Of crimes (the) function (of criminal law) is simply to enforce a moral principle and nothing else Lord Devlin (19 - Essay Example Over four thousand years ago, prior to Abrahamic times, there is documentary evidence that morals and laws were seen as the same thing and morals and laws were seen to have the backings of the gods (Bottero, 1992). This therefore implies that peoples in prehistoric times derived their moral, religious and ethical authority from the supernatural, in that the rules and systems of these communities were considered to be something that originated from the spirits that backed the society. In modern times, where most people are influenced by the central principles of Judaism, which is the Torah given to Moses, most people believe that the Law is something that was ââ¬Ëgivenââ¬â¢ (Hart, 1994). This is because Exodus 19 indicates that God spoke directly to Moses and the Israelite nation at Mount Sinai and gave them the rules and commandments that find its way to Christian, Jewish and Islamic Laws which form the foundations of most legal systems around the world. This therefore indicate s that the evolution of legality is strongly connected to religion and legality. Criminal laws and codes are no exceptions because in most cases, actions are criminalized because they are morally wrong rather than just legally outlawed. Alter et al 2007 indicate that ââ¬Å"criminal conviction consists of two pre-requisites, the actus reus (criminal act) and mens rea (criminal intent)â⬠. In other words, for the law to criminalise an individual, the prosecution must prove beyond reasonable doubts that the accused person had an intention to commit a criminal act and he actually committed the criminal act. However, what is a crime and what is not, is deeply connected to the moral structures of a given society. This paper examines the popular arguments that merge the concepts of legality to morality and also, contrary views that makes them distinct and unconnected disciplines. Origins of Legal Structures ââ¬Å"Law arises as a social technique which co-actively imposes ways of solv ing conflicts, protecting fundamental values for a societyââ¬â¢s co-existence.â⬠(Marina, 2000). From prehistoric times, people have always seen the need to live together as social units. First of all, every family has a head which is often a father. As part of his duty, a father is supposed to protect the family and make sure everyone does what is expected of him or her in the family. In more complicated situations, where a number of families lived together in a given social setting, there was the need for all the members to have a leader and other social structures that ensured that people could interact with each other with little friction and disagreements. Leadership and social structures varied widely. Leaders were usually chosen based on the pressing needs at the time. A community could chose a leader based on military yardsticks whilst another could chose a leader based on intellectual or productivity qualities. As pointed out by Bottero (1992), most of these early s ocieties had religious beliefs and systems that linked them to the spiritual realms. Religious and spiritual establishments also had custodians who automatically joined the leadership of the community to regulate and maintain social structures with spiritual guidance and directions. Thus for leaders of a community to regulate the life of members of the community, there is the need for a body of
Monday, February 3, 2020
Case Study - Strategic Leadership Example | Topics and Well Written Essays - 1250 words - 2
- Strategic Leadership - Case Study Example Maytag always thrived on quality and remained customer-focused for its strategic predispositions. If a firm is operating along diverse business lines with a wide portfolio of products but not able to assure quality, even the broad line strategy fails because the proposition satisfies organizationââ¬â¢s business and profit motives. On the contrary, if a firm operates in a single line of business and allows multiple communication streams to its customers, chances of its success are more likely on the grounds of focus on core competencies, clear vision and craving for customer loyalty by means of enhanced quality and performance every time. The strategy of Maytag matched this philosophy where its planning was aligned with supplier collaboration, involving other business entities in the decision making process of the company and a streamlined supply chain with monitoring and control at all levels. Such factors accounted for the unprecedented growth and superior performance of Maytag C orporation. Question 2 Earlier also, Maytag tried to carry on with the farm machinery and refrigeration business in conjunction with its laundry business. However, the move at that time was not accompanied by need of growth and expansion as was done during 1980s. Saturation of the laundry market compelled Maytag to revisit its decision of expanding its product line and foraying into related appliance market. Though refrigeration and home appliances were the two options available for Maytag to diversify, the latter seemed more lucrative as refrigeration had already been dropped off by Maytag. This might have made the former proposition cloudy and doubtful for Maytag. Secondly, the major rationale behind Maytagââ¬â¢s entering into the appliance market was to encash the availability of numerous technological advancement opportunities and bargaining power from suppliers prevailing. Maytag was already a reputed name in the market and had close connection with suppliers, better control of consumer psyche and brand image of a quality and price conscious company. These factors would definitely help Maytag replicate the legendary performance in the appliance sector as it had done in the laundry business. As such, with resources intact, Maytag should proceed to broaden its product line. In doing so, Maytag can provide greater number of connecting points to its customers with that of its business propositions and fill in the gaps with its value added products. Its collaborative relationships with suppliers and inter-functional departments will help in maximizing revenues and reducing costs through business excellence and experience. Question 3 Broad line strategy emerges after a company has performed well in serving a single market of the entire segment. In Maytagââ¬â¢s case, it is the Numero Uno leader in laundry segment of the home appliance market and its strategic competencies of superiority, customer-oriented philosophy, in-house production capabilities and co st economies are but obvious. Unlike laundry business, other appliance segments are characterized by technology, investment and changing consumer demands. In this light, Maytag has the alternative of either going for a licensing venture or a strategic alliance or acquisition. In the case of former, licensing will enable Maytag to concentrate on
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