Wednesday, March 11, 2020

Free Essays on Shiseido

CASE #14 SHISEIDO COMPANY DECISION FOCUS: Shiseido was founded by Yushin Fukuhara as Japan’s first Western-style pharmacy in 1872, and has shifted back and forth from cosmetics and pharmacy. Established in the Ginza district in Tokyo in 1872, Shiseido is today a global manufacturing and sales corporation in the fields of cosmetics, salons, pharmaceuticals, toiletries, and nutritional products. After inaugurating its global business with sales to Taiwan in 1957, Shiseido began marketing to Europe in 1963 and to the United States in 1965. In Japan, Shiseido has long been considered an important force in the arts through its product designs and advertisements, which were originally overseen by the company’s first president, Shinzo Fukuhara. In 1987, the grandson of the founder took over as president. The same year Shiseido announced a 6 percent decrease in sales and a write-off in inventory of $239 million. In 1998 product mix consisted of cosmetics (74%), toiletries (16%), and other businesses (10%). They began to streamline domestic cosmetics lines to reduce inventory, eliminating products with a consistent turnover, while developing new technology and items. Shiseido’s management policies are embodied in its â€Å"Global No. 1† long-term vision, Shiseido identified three goals: technological excellence, diversified operations, and customer satisfaction. The company uses techniques like brand marketing, store marketing, and area marketing. To prepare itself for a more crowded domestic market, Shiseido is aiming for further overseas expansion, an area in which the company should pay more attention, given that its current foreign sales is only 15 percent of total income. Shiseido is planning to expand its foreign operations and increase its net foreign sales to as much as 25 percent of the total in the fiscal year 2003. Alternative Choices: 1. Establish a dominant position in the domestic cosmetics market. 2.... Free Essays on Shiseido Free Essays on Shiseido CASE #14 SHISEIDO COMPANY DECISION FOCUS: Shiseido was founded by Yushin Fukuhara as Japan’s first Western-style pharmacy in 1872, and has shifted back and forth from cosmetics and pharmacy. Established in the Ginza district in Tokyo in 1872, Shiseido is today a global manufacturing and sales corporation in the fields of cosmetics, salons, pharmaceuticals, toiletries, and nutritional products. After inaugurating its global business with sales to Taiwan in 1957, Shiseido began marketing to Europe in 1963 and to the United States in 1965. In Japan, Shiseido has long been considered an important force in the arts through its product designs and advertisements, which were originally overseen by the company’s first president, Shinzo Fukuhara. In 1987, the grandson of the founder took over as president. The same year Shiseido announced a 6 percent decrease in sales and a write-off in inventory of $239 million. In 1998 product mix consisted of cosmetics (74%), toiletries (16%), and other businesses (10%). They began to streamline domestic cosmetics lines to reduce inventory, eliminating products with a consistent turnover, while developing new technology and items. Shiseido’s management policies are embodied in its â€Å"Global No. 1† long-term vision, Shiseido identified three goals: technological excellence, diversified operations, and customer satisfaction. The company uses techniques like brand marketing, store marketing, and area marketing. To prepare itself for a more crowded domestic market, Shiseido is aiming for further overseas expansion, an area in which the company should pay more attention, given that its current foreign sales is only 15 percent of total income. Shiseido is planning to expand its foreign operations and increase its net foreign sales to as much as 25 percent of the total in the fiscal year 2003. Alternative Choices: 1. Establish a dominant position in the domestic cosmetics market. 2....

Sunday, February 23, 2020

Unit 6 Case Management Discussion Study Example | Topics and Well Written Essays - 250 words

Unit 6 Management Discussion - Case Study Example The client was unusually perfect and smartly dressed. On the aspect of personality assessment, the client was apparently guarded in his responses. With respect to Summers (2012), the client remained significantly conservative and evasive, with minimum contributions accompanied by a substantial degree of suspicion. The client also appears awkward in behavior and posturing. He displayed consistent impairment in holding inappropriate sitting postures. The client was anxious throughout the entire diagnosis. During conversations, he appeared distressed and worried by the interview setting. Apart from anxiety, the client also showed significant degrees of emotional withdrawal. He was unexpressive and displayed no sign of change in moods and emotions. According to Summers (2012), this could be seen from the consistent and blunt facial expression of the client throughout the interview. Based on results from the mental status exam, numerous syndromes were established within the client’s mental problem. One symptom is that the client remained blunt and unexpressive for fear of being embarrassed or humiliated by his inappropriate actions. He also displayed elevated self-consciousness by dressing in an unusually smart manner. Summers (2012) say that additional clinical symptoms include the client’s display of extreme worry of being judged by other on what he says. In this regard, he remained rather guarded and evasive during the interview. The client’s sustained and inappropriate sitting postures suggests impairment in physical aspects when placed within a social

Friday, February 7, 2020

How can Amazon Web Services (AWS) reduce cost in the healthcare Term Paper

How can Amazon Web Services (AWS) reduce cost in the healthcare industry - Term Paper Example Additionally, the ever rising healthcare costs are one more concern that needs to be dealt with and also improving the quality of service to patients. Efforts are being made to try and reduce for patients and information technology acting as the primary enabler for this. It will be quite interesting to observe how these services will contribute towards and address these matters in the health industry. The aim of this paper is to discover the present-day state and trending of these services in the healthcare industry. Problem identification and definition Healthcare organizations and hospitals are experiencing difficult times, having to cope with increasing service and product demands within their inadequate budgets, while at the same time complying with healthcare restructurings and regulations. For all the inventions transforming the healthcare business, there is still one area where it remains nearly universally late; the application of information technology. Most healthcare syste ms are based on analogue workflows which comprises of paper-based health records, duplicated test results, and handwritten note which are usually inefficient and inconvenient in one way or another. As a result, information retrieval and updating remains slow, this in turn, leads to incompetent provision of treatment and patient care (Bower, 2012). Problem solution Amazon Web Services (also known as AWS) is a pool of remote computing services (that are also referred to as web services) that all together form a cloud computing platform and services, accessible over the Internet via Amazon.com (Tyrrell, 2009). Amazon Web Services provide a complete set of application services and infrastructure that enable one to run virtually anything in the cloud: this represents everything from big data projects and enterprise applications to mobile apps and social games. These services, to name a few include: the amazon simple storage services known as S3: Amazon S3 offers an extremely durable and accessible store for an assortment of content, extending from media files to web applications. It lets you offload your whole storage arrangement onto the cloud, where you can gain from Amazon S3’s pay-as-you-go pricing and scalability to manage your growing storage needs, distributing your content straight from Amazon S3. Another important service is the Amazon Elastic Compute Cloud, EC2, which allows the renting of virtual computers to, different users, which to run their personal computer applications. A user can launch, create and terminate server instances paying for the services by the hour therefore the term elastic. Another valuable amazon service is the database storage which enables users to store and access large amounts of data. Whether one is keeping pharmaceutical data for scrutiny and analysis, fiscal data for pricing and computation, photographs for resizing, S3 is the best location for storage of original content. One can then send these contents to EC2 for r esizing, computation, or other large scale analytics without sustaining any data transfer charges for transferring the data between the services. (Soman, 2011 Pp. 78) There is a lot of conversation on Amazon web services and how these services could be used in a way to benefit healthcare practices. The healthcare industry, through Amazon Web Services, is able to reduce costs, improve care, and realize business suppleness amongst other

Wednesday, January 29, 2020

Keeping Up with the Joneses Essay Example for Free

Keeping Up with the Joneses Essay Society has many effects on the narrator in â€Å"Two Kinds† and Madame Loisel in â€Å"The Necklace†. Whether it is helping us achieve feats or our actions in public, we can be affected both negatively and positively. In the short story â€Å"The Necklace† Madame Loisel is dirt poor. When her husband, a simple Clerk, comes home holding a white envelope which says â€Å"The Minister of Education and Mme. Georges Ramponneau beg M. and Mme. Loisel to do them the honor of attending an evening reception at the Ministerial Mansion. Madame Loisel tries her best to look as good as she can at the reception. She even borrows a necklace to look her best at the reception, this is because of how society expects us to look our best and dress up on occasion. In the other short story, Two Kinds, Ni Kan’s mother wants her to be something she doesn’t want her to be. Whether it was opening a restaurant, working for the government, or even building a house to sell it and make a profit. She basically wants her to become a prodigy, which is highly unlikely. My mother believed you could be anything you wanted to be in America. You could open a restaurant. You could work for the government and get good retirement. You could buy a house with almost no money down. You could become rich. You could become instantly famous. Of course, you can be a prodigy, too, my mother told me when I was nine. † Her mother wants her to become a prodigy because of how society has â€Å"molded† her thoughts and actions. He r daughter, she is only best tricky, you can be best anything. What does Auntie Lindo know? For example, her mother forces her to learn the piano, which doesn’t work out very well â€Å"Three days after watching the Ed Sullivan Show my mother told me what my schedule would be for piano lessons and piano practice. She had talked to Mr. Chong † In both positive and negative ways society has affected me in many aspects of my life, society has affected how I look, how I do in school, what I want to become after High-School, what I say, how I perform in sports. In conclusion, society in a whole affects everyone, everywhere, every day in every way. This concludes my essay.

Tuesday, January 21, 2020

Europeans And Aborigines In The 1700s Essay -- Australia Australian H

European ships chiefly began sailing into southern Australian waters in the 18th century. These left human cargoes behind and, unlike earlier visitors, had an immediate impact on the Aborigines, who suffered interference with their economy and lifestyle as the colonists sought and secured for themselves good sources of water, sheltered positions, and access to fish—all of which were also vital to Aboriginal people. The perception that Australia was quietly â€Å"settled† without conflict with the Aboriginal people, an idea that, it has been argued, enabled the concept of â€Å"terra nullius† to be maintained, has been substantially revised in recent years. It is now generally acknowledged that resistance took place right from the first tentative encroachments by European nations into Australian waters. The Dutch sailed into the Gulf of Carpentaria in 1606 and one Dutch sailor was killed by the Tjungundji (whose hero was the warrior Sivirri). Another Dutch ship visited the area in 1623, but in attempting to kidnap people was met by 200 warriors who drove the sailors away. James Cook, in spite of the popular misconception, also met with some resistance in Botany Bay. Two Tharawal men, after sending away the women and children, stood firm against Cook’s landing. According to Cook’s account of the incident: â€Å"We then threw them some nails, beads etc. ashore which th ey took up and seem’d not ill pleased in so much that I thought that they beckoned to us to come ashore, but in this we were much mistaken, for as soon as we put the boat in they again came to oppose us upon which I fired a musket between the two which had no other effect than to make them retire back where bundles of their darts lay, and one of them took up a stone and threw at us w... ..., and movement controls and restriction of ceremonies meant that Aboriginal people were much more isolated from each other than they had been before. This, together with the influences and impact of European culture, resulted in the development of new artistic styles. In some areas gospel music with a uniquely Aboriginal (or Torres Strait Islander) flavour was written and performed, in others country-and-western music or blues styles developed. More recently have come rock music and modern dance groups such as Bangarra. From the 1950s, new materials and styles came to be used in the visual arts, including watercolours, acrylic paints, pottery, photography, landscape, abstract art, and sculpture. These also reflected the radical changes in lifestyle and economy resulting from permanent European settlement, although the effect varied considerably across the continent.

Monday, January 13, 2020

Night World : Daughters of Darkness Chapter 17

Well, she wasn't telling humans anything-but she did defy the authority of the Night World,† Ash said in his most lazy, careless voice. Quinn said succinctly, â€Å"How?† It was late Monday afternoon and the sun was streaming through the western windows of the Burdock farmhouse. Ash was wearing a brand-new shirt bought at the Briar Creek general store, a turtleneckwith long sleeves that covered the almost-healedscars on his throat and arms. His jeans werebleached white, his hair was combed over the scabon the back of his head, and he was playing the scene of his life. â€Å"She knew about a rogue werewolf and didn't tell.anybody about him.† â€Å"So she was a traitor. And what did you do?† Ash shrugged. â€Å"Staked her.† Quinn laughed out loud. â€Å"No, really,† Ash said earnestly, looking intoQuinn's face with what he knew were wide, guileless eyes-probably blue. â€Å"See?† Without taking his eyes from Quinn's he whipped a pink-and-green country quilt off the bundle on the couch. Quinn's eyebrows flew upward. He stared for a moment at Aunt Opal, who had been cleaned so that you'd never know she'd ever been buried, and who had the picket stake carefully replaced in her chest. Quinn actually swallowed. It was the first time Ash had ever seen him falter. â€Å"You really did it,† he said. There was reluctant respect in his voice-and definite shock. You know, Quinn, I don't think you're quite as tough as you pretend. After all, no matter how you try to act like an Elder, you're only eighteen. And you'll always be eighteen, and next year maybe I'll be older. â€Å"Well,† Quinn said, blinking rapidly. â€Å"Well. Well___ I have to hand it to you.† â€Å"Yeah, I just decided the best thing to do was cleanup the whole situation. She was getting on, you know.† Quinn's dark eyes widened fractionally. â€Å"I have toadmit -I didn't think you were that ruthless.† â€Å"You've gotta do what you've gotta do. For the family honor, of course.† Quinn cleared his throat. â€Å"So-what about thewerewolf?† â€Å"Oh, I took care of that, too.† Ash meandered over and whipped a brown-and-white quilt off Exhibit B. The wolf was a charred and contorted corpse. It had given Mary-Lynnette hysterics when Ash insisted on pulling it out of the car, and Quinn's nostrils quivered when he looked at it. â€Å"Sorry, it does smell like burnt hair, doesn't it? Igot a little sooty myself, keeping him in the fire†¦.† â€Å"You burned himalive?† â€Å"Well, it is one of the traditional methods†¦.†Ã¢â‚¬ Just put the blanket back, all right?† Ash put the blanket back. â€Å"So, you see, everything's taken care of. No humans involved, no extermination necessary.† â€Å"Yes, all right †¦Ã¢â‚¬  Quinn's eyes were still on the quilt. Ash decided the moment was right. â€Å"And by the way, it turns out the girls had aperfectly legitimate reason for coming. They just wanted to learn to hunt. Nothing illegal about that,is there?† â€Å"What? Oh. No.† Quinn glanced at Aunt Opal, then finally looked back at Ash. â€Å"So they're coming back now that they've learned it.† â€Å"Well, eventually. They haven't quite learned it yet†¦ so they're staying.† â€Å"They'restaying?† †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†Right. Look, I'm the head of the familyon the West Coast, aren't I? And I say they're staying.† â€Å"Ash†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. â€Å" â€Å"It's about time there was a Night World outpost in this area, don't you think? You see what's happened without one. You get families of outlaw werewolves wandering around. Somebody's got to stay here and hold down the fort.† â€Å"Ash †¦ you couldn't payNight People to strand themselves out here. Nothing but animals to feed on, nobody but humans to associate with †¦Ã¢â‚¬  â€Å"Yeah, it's a dirty job, but someone's got to do it.Besides, wasn't it you who said it's not good living your whole life isolated on an island?† Quinn stared at him, then said, â€Å"Well, I don't thinkthis is much better.† â€Å"Then it serves my sisters right. Maybe in a few years they'll appreciate the island more. Then theycan hand the job over to someone else.† â€Å"Ash †¦ no one else is going to comehere.† â€Å"Well.† With the battle won, and Quinn simplylooking dazed and as if he wanted to get back to LosAngeles as fast as possible, Ash allowed himself a small measure of truth. â€Å"I might come visit them someday,† he said. â€Å"He did a beautiful job,† Rowan said that evening. â€Å"We heard it all from the kitchen. You would have loved it.† Mary-Lynnette smiled. â€Å"Quinn can't wait to get away,† Jade said, in tertwining her fingers with Mark's. Kestrel said to Ash, â€Å"I'd just like to be around when you explain all this to Dad.† â€Å"That's funny,† Ash said. â€Å"I feel just the opposite.† Everyone laughed-except Mary-Lynnette. The big farm kitchen was warm and bright, but the windowswere darkening. She couldn't see anything in the gathering darkness-in the last two days the effects of her blood exchange had faded. Her senses were ordinary human senses again. â€Å"You're sure you won't get in trouble?† sheasked Ash. â€Å"No. I'll tell our dad the truth-mostly. That anoutlaw werewolf killed Aunt Opal and that I killed the werewolf. And that the girls are better off here,hunting quietly and watching out for other rogues. There's sure to be some record of the Lovett fam ily†¦. Dad can check out the history all he wants.† â€Å"A whole family of outlaw werewolves,† Kestrel said musingly. â€Å"Ofcrazy werewolves,† Ash said. â€Å"They were as dangerous to the Night World as any vampire hunters could be. God knows how long they've beenhere-long enough for their land to get named Mad Dog Creek.† â€Å"And for people to mistake them for Sasquatch,† Mark said. Rowan's brown eyes were troubled. â€Å"And it wasmy fault that you didn't know,† she said to MaryLynnette. â€Å"I told you-he couldn't be the killer. I'm sorry.† Mary-Lynnette captured her gaze and held it. â€Å"Rowan, you arenotgoing to feel guilty for this. You couldn't have realized. He wasn't killing for food like a normal werewolf. He was killing to protect his territory-and to scare us.† â€Å"And it might have worked,† Mark said. â€Å"Exceptthat you guys didn't have anywhere else to go.† Ash looked at Mark, then at his sisters. â€Å"I have a question. Is the territory around here going to be enough foryou?† â€Å"Of course,† Rowan said, with gentle surprise. â€Å"We don't always need tokill the animals,† Jade said. â€Å"We're getting it down pat now. We can take a little here and a little there. Heck, we can even trythe goat. â€Å" â€Å"I'd rather try Tiggy,† Kestrel said, and for a moment her golden eyes glimmered. Mary-Lynnette didn't say it, but she wondered sometimes about Kestrel. If maybe, someday, Kestrel might need a bigger territory of her own. She was a lot like Jeremy in some ways. Beautiful, ruthless, single-minded. A true Night Person. â€Å"And what about you?† Ash said, looking at mark. â€Å"Me? Uh†¦ Well, when you get down to it, I'm kind of a hamburger guy†¦.† â€Å"I tried to take him hunting last night,† Jade interpreted. â€Å"You know, just to show him. But he threw up.† â€Å"I didn't actually-â€Å" â€Å"Yes, you did,† Jade said calmly and cheerfully. Mark looked away. Mary-Lynnette noticed they didn't stop holding hands. â€Å"So I take it you're not going to become a vampire,† Ash said to Mark. â€Å"Uh, let's just say not any time soon.† Ash turned to Mary-Lynnette. â€Å"And what about the human end of things? Do we have that taken care of?† â€Å"Well, I know everything that's going on intown-by which I mean that I talked with BunnyMarten this morning. I'm so glad she's not a vampire, incidentally Mark said, â€Å"I always knew it† â€Å"Anyway, here's the quick version.† MaryLynnette held up a finger. â€Å"One, everybody knowsthat Jeremy is gone-his boss at the gas stationmissed him yesterday and went up to check the trailer. They found a lot of weird stuff there. But all they know is that he's disappeared.† â€Å"Good,† Rowan said. Mary-Lynnette held up another finger. â€Å"Two,Dad is sorry but not surprised that the stationwagon blew up. Claudine has been predicting itwould for a year.† Another finger. â€Å"Three, Mr. Kimble doesn't have any ideawhatkilled his horse-but now he thinks it was an animal instead of a person. Vic Kimble thinks it was maybe Sasquatch. He and Todd are very spooked and want to get out of Briar Creek forgood â€Å"And let's have a moment of silence to show howwe'll miss them,† Mark said solemnly, and blew a raspberry. â€Å"Four,† Mary-Lynnette said, holding up a fourthfinger, â€Å"you girls are eventually going to have to mention that your aunt hasn't come back from her ‘vacation.' But I thinkyou can wait awhile. Nobody comes out here so nobody will notice she's gone. And I think we can bury her and Jeremy safely. Even if somebody finds them, what have they got? A mummy that looks about a thousand years old and a wolf. They won't be able to connect them to the missing people.† â€Å"Poor old Aunt Opal,† Jade said, still cheerful.†But she helped us in the end, didn't she?† Mary-Lynnette looked at her. Yes, there it is, shethought. The silver in the eyes when you laugh about death. Jade is a true Night Person, too. â€Å"She did help. And I'm going to miss her,† she said out loud. Kestrel said, â€Å"So everything is taken care of.† â€Å"Seems like it.† Ash hesitated. â€Å"And Quinn is waiting down the road. I_ told him it would only takea couple hours to finish making arrangements and say goodbye.† There was a silence. â€Å"I'll see you off,† Mary-Lynnette said at last. They went together to the front door. When theywere outside in the twilight Ash shut the door be hind them. â€Å"You still can come with me, you know.† â€Å"With you and Quinn?† â€Å"I'll send him away. Or I'll go and come back tomorrow and get you. Or I'll come back and stay†¦.† â€Å"You need to go tell your father about this. Make everything right with him, so it's safe for your sisters. You knowthat.† â€Å"Well, I'll come back afterthat,†Ash said, with an edge of desperation to his voice. Mary-Lynnette looked away. The sun was gone. Looking east, the sky was already the darkest purple imaginable. Almost black. Even as she watched, a starcame out. Or-not a star. Jupiter. â€Å"I'm not ready yet. I wish I were.† â€Å"No, you don't,† Ash said, and he was right, of course. She'd known ever since she sat there by theroad, crying while her car burned. And althoughshe'd thought and thought about it since then, sitting in her darkened room, there was nothing she coulddo to change her own mind. She would never be a vampire. She just wasn't cutout for it. She couldn't do the things vampires hadto do-and stay sane. She wasn't like Jade or Kestrelor even Rowan with her pale sinewy feet and her instinctive love of the hunt. She'd looked into the heart of the Night World . . .and she couldn't join it. â€Å"I don't want you to be like that,† Ash said. â€Å"Iwant you to be likeyou. â€Å" Without looking at him, Mary-Lynnette said, â€Å"Butwe're not kids. We can't be like Jade and Mark, and just hold hands and giggle and never think about the future.† â€Å"No, we're only soulmates, that's all. We're onlydestined to be together forever†¦.† â€Å"If we've got forever, then you can give me time,† Mary-Lynnette said. â€Å"Go back and' wander a little. Take a look at the Night World and make sure youwant to give it up â€Å"I know that already.† â€Å"Take a look at humans and make sure you wantto be tied to one of them.† â€Å"And think about the things I've done to humans, maybe?† Mary-Lynnette looked at him directly. â€Å"Yes.† He looked away. â€Å"All right. I admit it. I've got a lot to make up for†¦.† Mary-Lynnette knew it. He'd thought of humansas vermin-and food. The things she'd seen in hismind made her not want to picture more. â€Å"Then make up for what you can,† she said, although she didn't dare really hope that he would. â€Å"Take time to do that. And giveme time to finish growing up. I'm still in high school, Ash.† â€Å"You'll be out in a year. I'll come back then.† â€Å"It may be too soon.† â€Å"I know. I'll come back anyway.† He smiled ironically. â€Å"And in the meantime I'll fight dragons, just like any knight for his lady. I'll prove myself. You'll be proud of me.† Mary-Lynnette's throat hurt. Ash's smile disappeared. They just stood looking at each other. It was the obvious time for a kiss. Instead, they just stood staring like hurt kids, and then one ofthem moved and they were holding on to each other. Mary-Lynnette held on tighter and tighter, her face buried in Ash's shoulder. Ash, who seemed to have lost it altogether, was raining kisses on the back of her neck, saying, â€Å"I wish I were a human. I wishI were.† â€Å"No, you don't,† Mary-Lynnette said, seriously unsteady because of the kisses. â€Å"I do. I do.† But it wouldn't help, and Mary-Lynnette knew he knew it. The problem wasn't simply what he was, it was what he'd done-and what he was going to do. He'd seen too much of the dark side of life to be a normal person. His nature was already formed, and she wasn't sure he could fight it. â€Å"Believe in me,† he said, as if he could hear her. Mary-Lynnette couldn't say yes or no. So she did the only thing she could do-she lifted her head. Hislips were in the right place to meet hers. The electric sparks weren't painful anymore, she discovered? and the pink haze could be quite wonderful. For a time everything was warm and sweet and strangelypeaceful. And then, behind them, somebody knocked on thedoor. Mary-Lynnette and Ash jumped and separated.They looked at each other, startled, emotions still tooraw, and then Mary-Lynnette realized where she was. She laughed and so did Ash. â€Å"Come out,† they said simultaneously. Mark and Jade came out. Rowan and Kestrel werebehind them. They all stood on the porch-avoiding the hole. They all smiled at Ash and Mary-Lynnette in a way that made Mary-Lynnette blush. â€Å"Goodbye,† she said firmly to Ash. He looked at her for a long moment, then looked at the road behind him. Then he turned to go. Mary-Lynnette watched him, blinking away tears.She still couldn't let herself believe in him. But there was no harm in hoping, was there? In wishing. Evenif wishes almost never came true†¦. Jade gasped. â€Å"Look!† They all saw it, and Mary-Lynnette felt her heartjump violently. A bolt of light was streaking acrossthe darkness in the northeast. Not a little wimpyshooting star-a brilliant green meteor that crossedhalf the sky, showering sparks. It was right above Ash's path, as if lighting his way. A late Perseid. The last of the summer meteors. But it seemed like a blessing. â€Å"Quick, quick, wish,† Mark was telling Jade eagerly. â€Å"A wish on that star you gotta get.† Mary-Lynnette glanced at his excited face, at theway his eyes shone with excitement. Beside him, Jade was clapping, her own eyes wide with delight. I'm so glad you're happy, Mary-Lynnette thought. My wish for you came true. So now maybe I can wish for myself. I wish †¦ I wish †¦ Ash turned around and smiled at her. â€Å"See you next year,† he said. â€Å"With slain dragons!† He started down the weed-strewn path to the road. For a moment, in the deep violet twilight, he didlook to Mary-Lynnette like a knight walking off ona quest. A knight-errant with shining blond hair and no weapons, going off into a very dark and dangerous wilderness. Then he turned around and walked backward, waving, which ruined the effect. Everyone shouted goodbyes. Mary-Lynnette could feel them around her, her brother and her three blood-sisters, all radiating warmth and support. Playful Jade. Fierce Kestrel. Wise and gentle Rowan. And Mark, who wasn't sullen and solitary anymore. Tiggy wound himselfaround her ankles, purring amiably. â€Å"Even when we're apart, we'll be looking at the same sky!† Ash yelled. â€Å"What a line,† Mary-Lynnette called back. But hewas right. The sky would be there for both of them.She'd alwaysknow hewas out there somewhere,looking up at it in wonder. Just knowing that was important. And she was clear on who she was at last. Shewas Mary-Lynnette, and someday she'd discover a supernova or a comet or a black hole, but she'd doit as a human. And Ash would come back next year. And she would always love the night. [The End]

Saturday, January 4, 2020

The Meaning of Statutes Example For Free - Free Essay Example

Sample details Pages: 9 Words: 2794 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Did you like this example? Where the meaning of Statutes cannot be determined LIST OF CASES 1). V.N.Shrikhande vs Anita Sena Fernandes (2011) 1 SCC 53 2). Parmanand v. State of Haryana Ors. (2012) 3). Sarah Mathew v. The Institute of Cardio Vascular Diseases State (2013) 4). HM Rajappa v. Director of Agriculture Marketing (2013) 5). Arul Nadar v. Authorised Officer, Land Reforms (1998) 7 SCC 157 6). R.S. Nayak v. A.R. Antulay AIR 1984 SC 684 7). Golaknath v. State of Punjab 1967 AIR 1643 8). Shankari Prasad v. Union of India AIR. 1951 SC 458 TABLE OF CONTENT Sr. No. CHAPTERS/TOPICS Pg. No. 1. Principle and Concept 7 2. Position and Growth of the Concept 9 3. Analysis and Application of Law with Case Laws Don’t waste time! Our writers will create an original "The Meaning of Statutes Example For Free" essay for you Create order Instruments to examine statutes Criticism Conclusion 12 4. References 18 CHAPTER 1: PRINCIPLE CONCEPT Statutory Interpretation is the route of interpreting and applying the laws to decide cases. In a way, it is considered to be the most paramount theory-based method which is necessary when the cases involve confusing and ambiguous aspects of the statute. Normally, the words used in the statues have plain and nave meaning. But there are certain cases wherein there is some sort of ambiguity in the text of the statutes which the judge has to make his mind up. Ambiguity and vagueness occurs in the legislations because of the basic nature of language. The purpose of interpreting the statutes is to know the intention of the legislature that are conveyed specifically or impliedly in the language used. But sometimes it also happens that the language used can be interpreted with multiple meanings that is to say each word in the plain text has more than one meaning and this will depend upon the judge that in what sense he interprets. What ordinary thinking says is that in cases where the words have more than one meaning, in those cases the judiciary must interpret in a way the legislature intents. Statutes are sometimes vague sufficiently to carry more than one interpretation. In such cases, the courts have the liberty to interpret statutes themselves. And also, when court interprets the statute in its own way, the other courts will not take the pain to repeat that, but instead they will enforce the statutes as interpreted by the courts previously. So, here the object of interpretation is not achieved because there is no uniqueness left in interpreting the legislations. Mostly it also happens that the statute consist of same words and same meaning; in such cases it is necessary to see to it that if one construction guides to an ambiguity while another giving result to what ordinary thinking would show was evidently intended, the structure which would defeat the ends of the Act must be discarded even if similar words used in the sa me provision and even in the same sentence have to be read in a different way. To summarize the above point it must be noted that the intention of legislature has to be seen. What legislature wants to convey or intents that must be the ultimate goal while interpreting any statute. Furthermore, another essential corner which needs to be filled is in the case of Homographs. In homograph, the words are same but meanings are different. In a same way, if such words are used in the interpretations, then the judge must use the most preferred meaning to avoid any absurdity and vagueness in the interpretations. If the word only has one meaning, but by applying this would lead to a bad decision, the judge is at his own discretion to give a completely different meaning. Hence, in this project I will be explaining more about the ambiguity in language and words which is a cause of failure in obtaining the meaning of the statutes along with the rules of statutory constructions and various c ase laws. CHAPTER 2: POSITION OF THE CONCEPT While interpreting the Statutes Understanding of statute is the methodology of finding out the accurate significance of the words utilized within a statute. At the point when the dialect of the statute is clear, there is no need for the principles of understanding. Yet, in specific cases, more than one importance may be inferred from the same word or sentence. It is accordingly important to translate the statute to discover the true expectation of the statute. We can say, elucidation of Statutes is needed for two essential reasons viz. to find out: à ¢Ã¢â€š ¬Ã‚ ¢ Administrative Language Legislative dialect may be confounded for a layman, and consequently may oblige translation; and à ¢Ã¢â€š ¬Ã‚ ¢ Administrative Intent The plan of governing body or Legislative expectation absorbs two angles: i. the idea of significance, i.e., what the saying methods; and ii. The idea of purpose and object invading through the statu te. Necessity of interpretation would arise only where the language of a statutory provision is ambiguous, not clear or where two views are possible or where the provision gives a different meaning defeating the object of the statute.[1] The Supreme Court in R.S. Nayak v. A.R. Antulay[2] stated that à ¢Ã¢â€š ¬Ã…“if the words of the Statute are clear and unambiguous, it is the plainest duty of the Court to give effect to the natural meaning of the words used in the provision. The question of construction arises only in the event of an ambiguity or the plain meaning of the words used in the Statute would be self defeating.à ¢Ã¢â€š ¬Ã‚  (Para 18 of the Judgment) The motivation behind Interpretation of Statutes is to help the Judge to discover the plan of the Legislature à ¢Ã¢â€š ¬Ã¢â‚¬Å" not to control that plan or to keep it to the limits, which the Judge may consider sensible or practical. There are certain points which have to be kept in mind while interpreting: Statutes must be studied as whole. Statute should be Construed so as to make it Effective and Workable if statutory provision is ambiguous and capable of various constructions, then that construction must be adopted which will give meaning and effect to the other provisions of the enactment rather than that which will give none.[3] The process of construction combines both the literal and purposive approaches. The purposive construction rule highlights that you should shift from literal construction when it leads to absurdity.[4] There are many aids to construction of a statute, and these aids are only used when the meaning of the particular statute is not determined. If the provision is clear and understandable, and if from that provision the legislative plan is clear, the other rules of creation of statutes need not be called into aid. They are called into aid only when the legislative purpose is ambiguous. But the courts would not be justified in so straining the language of the statutory provision as to ascribe the meaning which cannot be warranted by the words employed by the Legislature.[5] Similar words, similar meaning Where a Legislature uses same expression in the same statute at two places or more, then the same interpretation should be given to that expression unless the situation otherwise requires. If one construction will lead to an ambiguity while another will give effect to what common sense would show was obviously intended, the construction which would defeat the ends of the Act mus t be rejected even if same words used in the same section and even in the same sentence have to be construed differently.[6] This is a very common problem while interpreting the words of the statute and for eradication of such problems, some necessary aids are also created so that the objective of the Acts is not defeated by these confusion. Hence, these principles of knowing the intention of legislature are: Literal construction, Mischief rule, Golden Rule, construction to avoid invalidity of the Acts (by giving sensible meaning to them) and so on. CHAPTER 3: ANALYSIS APPLICATION OF LAW WITH CASE LAWS Instruments to examine Statutes There are a few devices that can be helpful to focus the importance of a questionable statute, or to pick between different plausible understandings of the same statute. A). Plain Meaning (Literal Construction) The plain significance guideline directs that statutes are to be deciphered utilizing the common importance of the dialect of the statute. At the end of the day, a statute is to be perused word for word and is to be deciphered as stated by the common importance of the dialect, unless a statute expressly characterizes some of its terms generally or unless the effect might be savage or preposterous. Besides, some courts have stick to the principle that if the statute is free from any sort of ambiguity then there need not be any further inquiry into the statuteà ¢Ã¢â€š ¬Ã¢â€ž ¢s meaning. When the language of the statute is clear and unambiguous it is not necessary to look into the legislative intent or object of the Act.[7] It is when the language is vague that the legislativeà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention is to be taken into consideration. Words and phrases are to be construed by the courts in their ordinary sense, and the ordinary rules of grammar and punctuation have to be applied.[8] In order to determine the literal meaning of a statute the courts have to ascertain the ordinary meaning of a word in a statute by referring to a dictionary or scientific or any other technical works where the words have been used.[9] In another case of HM Rajappa v. Director of Agriculture Marketing (2013), the High Court of Karnataka held that à ¢Ã¢â€š ¬Ã…“when the words of a statute are clear, plain or unambiguous i.e., they are reasonably susceptible to only one meaning, the courts are bound to give effect to that meaning irrespective of the consequences for, the Act speaks for itself.à ¢Ã¢â€š ¬Ã‚  Subsequently, in V.N.Shrikhande vs Anita Sena Fernandes[10], the Court held that à ¢Ã¢â€š ¬Ã…“in determining the meaning of any word or phrase in a statute the first question to be asked is `What is the natural or ordinary meaning of that word or phrase in its context in the statute? It is only when that meaning leads to some result which cannot reasonably be supposed to have been the intention of the legislature, that proper to look for some other possible meaning of the word or phrase .à ¢Ã¢â€š ¬Ã‚  Another feature of plain meaning concept is that if the meaning of a particular word is not given in the statute then the meaning of that word has to be given based on the circumstances and facts of the case. The High Court of Punjab and Haryana in Parmanand v. State of Haryana Ors. (2012) held that à ¢Ã¢â€š ¬Ã…“it is now well-settled principle of interpretation of statute that the words of an enactment are to be given their ordinary and natural meaning, if such meaning is clear and unambiguous. The effect should be given to a provision of a statute in the same manner whatever may be the consequences. The basis of this principle is that the object of all interpretations being to know what the legislature intended, whatever was the intention of the legislature has been expressed by it through words which are to be interpreted accordingly, because the intention of the legislature can be deduced only from the language through which it has expressed itself. If th e language of a statute is clear, the only duty of the Court is to give effect to it and the Court has no business to look into the consequences of such interpretation.à ¢Ã¢â€š ¬Ã‚  B). Golden Rule of Interpretation This rule has brought some modifications in the literal rule. This rule states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result.[11] This rule also gives the words of statute their nave and ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislatures intention, the judge can depart from this meaning.[12] Simply, this rule gives the permission to the courts to modify in case there is a presence of ambiguity and vagueness in the statutes. The Golden rule implies that if a strict interpretation of a statute would lead to an absurd result then the meaning of the words should be so construed so as to lead to the avoidance of such a bsurdity.[13] In Sarah Mathew v. The Institute of Cardio Vascular Diseases State (2013), the Supreme Court held that à ¢Ã¢â€š ¬Ã…“Golden Rule of Interpretation provides that a statute has to be interpreted by grammatical or literal meaning unmindful of the consequences if the language of the statute is plain and simple.à ¢Ã¢â€š ¬Ã‚  But this rule is not that effective nowadays after it had failed to initiate its meaning in the case of Shankari Prasad v. Union of India followed by Golakhnath v. State of Punjab. Article 13(2) and Article 368 were in question. Article 13(2) provides that any law which has effect of abridging fundamental rights would be invalid. Article 368 talks about the power of parliament to amend Constitution including fundamental rights. One set of Judges held Article 368 to prevail but the majority view was Article 13(2) shall prevail as fundamental rights are important part of the Constitution. Conclusion is that golden rule fails as there is no obje ctive criteria by which one can determine whether an interpretation is absurd or not. A golden rule produce undesirable result, what is to be followed is purpose oriented method of interpretation to know the intention of legislature for enacting particular statute. Thus due to this, golden rule is not that effective. Criticisms One of the problems of literal rule is that it breeds absurdity. Once in a while the court may find out a certain intending to the statute which was never the aim of the legislature. The customary rule of literal interpretation prohibits the court to put together any meaning other than the ordinary one. If the court applies literal rule and feels that the interpretation is ethically incorrect then they cannot evade giving the interpretation. Some disapprove this rule by saying that the rule weighs on the flawed assumption that words have a fixed meaning. In fact, words are uncertain, heading judges to force their own biases to focus the significance of a statute. As long as there is no ambiguity in the statutory language, resort to any interpretative process to unfold the legislative intent becomes impermissible.[14] While applying the literal approach, some mention about the adaptation of à ¢Ã¢â€š ¬Ã‹Å"dictionary meaningà ¢Ã¢â€š ¬Ã¢â€ž ¢, but even the dictionaries have multiple meanings of the single word which again becomes very difficult for the judiciary to interpret that particular word and have to look at the facts and circumstances of the case while applying the interpretation of the meaning of that word. These are the few criticisms which are highly talked about since many years. Conclusion Literal rule of interpretation is the main rule. Under this rule of interpretation the Courts understand the statutes in an honest and ordinary sense. The Courts while interpreting statutes have to keep few things in mind. It must recognize that a provision is vague only if it contains a word or phrase which has more than one meaning. If the interpretation is open to diverse meanings in one context (situation) it is ambiguous but if it is vulnerable to different meaning in different contexts it is plain. The ability of accurate interpretation would depend on the ability to read what is stated in plain language, read à ¢Ã¢â€š ¬Ã‹Å"throughà ¢Ã¢â€š ¬Ã¢â€ž ¢ the provision, examining the aim of the Legislature and call upon case laws and other aids to interpretation. And thus, in order to dismantle the absurdities from the statutes, the legislature has to step in. CHAPTER 4: REFERENCES 1). Rajkumar Adukia, Interpretation of Statutes, pg. 9, retrieved from: https://caaa.in/Image/Interpretation of Statutes.pdf 2). Alekhya Reddy, à ¢Ã¢â€š ¬Ã…“Literally Interpreting the Law- A Appraisal of the Literal Rule of Interpretation in Indiaà ¢Ã¢â€š ¬Ã‚ , Pg. 4, retrieved from: Manupatra Articles. https://manupatra.com/roundup/338/Articles/Literally interpreting the Law.pdf 3). Chapter 4: Rules of Interpretation. Retrieved from: https://hanumant.com/IOS-Unit4-RulesOfInterpretation.html 4). Katharine Clark and Matthew Connolly, à ¢Ã¢â€š ¬Ã…“A Guide To Reading, Interpreting and Applying Statutesà ¢Ã¢â€š ¬Ã‚ , 2006. Retrieved from: https://www.law.georgetown.edu/academics/academic-programs/legal-writing-scholarship/writing-center/upload/statutoryinterpretation.pdf 5). Statutory Construction, Legal Information Institute (LII). Referred from: https://www.law.cornell.edu/wex/statutory_construction 6). Justice AK Srivastava, à ¢Ã¢â€š ¬Ã…“Interpretation of Statutesà ¢Ã¢â€š ¬Ã‚ , 1995, JTRI Journal, Issue-3, pg. 2, retrieved from: https://ijtr.nic.in/articles/art21.pdf Page | 1 [1] Rajkumar Adukia, à ¢Ã¢â€š ¬Ã…“Interpretation of Statutesà ¢Ã¢â€š ¬Ã‚ , pg. 9, retrieved from: https://caaa.in/Image/Interpretation of Statutes.pdf [2] AIR 1984 SC 684 [3] Supra note 1 [4] Supra note 1. Pg. 10 [5] Justice AK Srivastava, à ¢Ã¢â€š ¬Ã…“Interpretation of Statutesà ¢Ã¢â€š ¬Ã‚ , 1995, JTRI Journal, Issue-3, pg. 2, retrieved from: https://ijtr.nic.in/articles/art21.pdf [6] Id. [7] Arul Nadar v. Authorised Officer, Land Reforms (1998) 7 SCC 157. [8] Alekhya Reddy, à ¢Ã¢â€š ¬Ã…“Literally Interpreting the Law- A Appraisal of the Literal Rule of Interpretation in Indiaà ¢Ã¢â€š ¬Ã‚ , Pg. 4, retrieved from: Manupatra Articles. [9] Id. [10] (2011) 1 SCC 53 [11] From Rules of Interpretation. Retrieved from: https://hanumant.com/IOS-Unit4-RulesOfInterpretation.html [12] Supra note 1. Pg. 15 [13] Supra note 9. [14] Supra note 6. Pg. 15