Aviation, Aerospace or Airport Industry Essay Example for Free

Aviation, Aerospace or Airport Industry Essay In order to assess aviation, aerospace or airport industry practice to the field of Marketing I have chosen to focus on the aviation industry and the marketing practices they have adopted in order to deal compete effectively in the current recessional environment.   This document focuses on the 4 P’s of Marketing (Kotler, 2008) and discusses how airlines have altered their approach to Product, Price, Place and Promotion in order to continue to successfully compete and respond to the changing needs of their customer base.    One company in particular, Southwest Airlines, will be explored in more detail with the marketing practices forming the basis for further exploration of the key themes. The Aviation Industry The events of September the 11th coupled with a growing economic recession have created an extremely challenging environment for the airline industry.   Forecasts produced by the Civil Aviation Authority indicate that the situation may not improve for quite some time with passenger traffic not expected to fully recover in the next five years (Figure 1). Figure One:   Actual and Forecast Traffic (m) 2007-2012 Fiscal Year No. Passengers Domestic (US) No. Passengers International (US) No. Passengers Total (US) 2007 577.8 53.6 631.4 2008 (F) 590.4 54.2 644.7 2009 (F) 610.9 54.9 665.8 2010 (F) 639.8 56.4 696.3 2011 (F) 626.7 56.7 683.4 2012 (F) 576.8 50.8 627.6 In order to deal with this airlines are significantly altering their marketing practices and methods of distribution in order to operate more efficiently and competitively.   Major changes have been observed over the past couple of years with some of these constituting complete overhauls of the traditional operation of the industry.   Southwest Airlines is an airline which has strongly positioned itself on â€Å"being different† through all elements of its service and product. At its core is its mission, which specifies that the airline is dedicated to â€Å"the highest quality of customer Service delivered with a sense of warmth, friendliness, individual pride, and Company Spirit†.   At first glance the concept of â€Å"high quality† and â€Å"low cost† appear to contradict one another.   However, Southwest airlines maintain that this is not the case and they have not compromised on quality or safety.   Awards such as â€Å"Triple Crown† which is awarded for low customer complaints, flight timeliness and baggage turnaround times, indicates that this may indeed be true. In order to better understand the key industry trends and how airlines have attempted to use these to their advantage, it is worth considering the marketing mixes of aviation companies such as Southwest Airlines and assessing how these have been altered in order to attract and retain a diminishing customer base. Marketing Practices Product The product element of the marketing mix concerns offering the right product to the right target market.   The products on offer through the airline industry have changed significantly over the past twenty-five years. Flying, which at one point was exclusively for the wealthy, has become more accessible and today there are a large numbers of airlines that cater for even larger numbers of customers.   In order to compete in this environment airlines have invested significant amounts of money in distinguishing their products and services from their competitors. For Southwest Airlines, this has entailed differentiating their product through redesigning the service their provide to customers.   Although, on the surface, their â€Å"no frills† concept appears very simple, delivering it in a way that doesn’t negatively impact customer experience is somewhat of an art.   In order to successfully implement this business model Southwest airlines have invested significant amounts of money in understanding their customer needs and motivations and used this as the basis for their value proposition. Through researching their customer base they have been able to identify which services were not valued above price by the customer and have eradicated them, thus lowering their operating costs and passing these savings directly onto the customer.   In addition to that, the involvement and support of their staff is paramount.   This is achieved through the company culture, a family orientated set up which promotes teamwork and values employee’s opinions and suggestions for improvement.   Southwest Airlines have recognized that employee participation and support is critical to the achievement of their aspirations and have successfully build a team of 29,000 with the lowest turnover rate in the industry. Price Since the deregulation of the airline industry in 1978, the airline industry has become highly price sensitive and many customers will generally purchase from the most competitively priced airline, viewing separate company’s offerings as perfect substitutes.   In order to maximize the profit from each flight, many airlines operate a variable pricing approach that is based on the needs of individual customers.   This approach attempts to identify and separate those customers who are concerned about price from those who are willing to pay more in order to attain a seat on the flight. As well as partitioning flights into first, business and economy classes, airlines attempt to maximize their revenue by offering a mixture of full price and discounted tickets within these segments.   Using detailed information related to market trends, forecasts and seasonal variations the major airlines implement inventory management approaches that help to define the demand and subsequent price for each seat on the flight. More than 90 percent of the tickets sold by U.S. airlines are now discounted (Costello 2001) and in the last twenty years flight prices have dropped by approximately 75% (Miller, 2007). According to a renowned marketing strategist, David Aaker (2001), one of the ways in which companies can successfully compete in a price sensitive marketplace is to offer higher value to their customers.   This view is supported by many theorists, many of whom believe that the industry is currently â€Å"giving away† flights (Marketing Week, 2003, p.35).   This view however, is challenged by the success of low cost airlines such as Southwest (US), JetBlue and Ryanair (UK) who have redefined their value propositions by stripping down their services in order to offer rock bottom prices. In order to competitively price their offering Southwest Airlines focused on streamlining their operations.   The idea behind this was simple, by lowering their costs, Southwest could offer reduced prices to their customer base.   This was achieved by removing services that were not valued in the eyes of the customer, such as physical ticketing, amenity kits, onboard snacks and seat reservations.   The customers get what they pay for and pay for what they want. Place Airlines predominantly operate through two distribution systems; the ticket and the flight. The Ticket Historically ticket sales were conducted through travel agents and brokers who liaised with the customer on an airline’s behalf.   However, in recent years the growth in popularity of the internet as a medium through which flights can be booked has led to increased levels of direct relationships between the airline and the customer base during the ticketing stage.   Through interfacing directly with the customer many airlines have reduced their distribution costs by as much as 10% (Miller 2004) and have subsequently been better placed to compete on a price basis in the marketplace. The Flight Marketing practices relating to the flight itself have also seen changes in recent years.  Ã‚   Historically, the flight represented a direct relationship between the customer and the airline but the increasing trend towards inter-airline alliances such as Star (United Airlines, Virgin, BMI, Thai etc.) Oneworld (American Airlines, British Airways, Quantas etc.) and SkyTeam (Delta Air Lines, Air France, and AeroMexico) has transformed the distribution channel from direct to indirect with airlines placing trust in their competitors to service the customers appropriately. Although this may be perceived as a risky approach, the benefits gained from such agreements are of significance.   Through forming partnerships airlines can gain additional routes, marketing power and global presence.   Southwest Airlines have gone one step further in the design of their place strategy.  Ã‚   Through focussing of the short-haul domestic market in the US they have ensured that the average duration of their flights is less than one hour.   This increases their probability of meeting desired time schedules and subsequently directly improves customer satisfaction. Promotion One of the most popular marketing tools within the airline industry is the frequent flyer program.   Airlines reward loyal customers by giving them extras such as upgrades, additional luggage allowance, priority booking and access to business lounges.   Such programs are clearly very popular with approximately 25% of Americas belonging to at least one loyalty program. (Costello, 2001, p.B9). The customer experience itself represents another key area in which aviation companies strive to successfully promote their offerings.   Areas of the operation such as baggage turnaround, timeliness of flights and numbers of customer complaints are measured through Key Performance Indicators and communicated openly to customers and employees. The understanding here is that high service quality will lead to happier customers, higher sales and higher profits. (Czaplewski, Ferguson, Milliman, 2001, p.14-17). Southwest Airline’s latest promotional program is Ding, a real time notification system that informs their customers of the latest offers and developments.   The messages communicated to customers are carefully targeted and segmented and utilize SMS and email systems to deliver the communication directly to the right customer. Conclusion In order to be successful in the current market, airlines need to develop a deep understanding of their customer base.   Through understanding their customer’s motivations, hot buttons and unmet needs (Aaker, 2001) they can develop marketing practices which allow them to compete in this demanding environment. The market is seeing significant changes as companies develop different approaches to increasing their sales or lowering their costs and a carefully designed and implemented marketing mix is critical to success in this environment. References Czaplewski, A.; Ferguson, J.; Milliman, J. Southwest Airlines: How Internal Marketing Pilots. Success, Marketing Management,   2001, p. 14-17 Costello, J. (2001, November 6). Gounded: Airlines Attempt to Win Back Former Frequent Flyers International Civil Aviation Authority, Airline Traffic Forecasts and Financial Trends — 2006 to 2008, I, January 2007. Miller, W. (2004, August 16). Airlines take to the internet. Industry Week, 248(15),   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   130-133. Retrieved March 23, 2008 from ProQuest database. Newsweek. (2003, September 18). Good times in the skies. p. 58. AAker, D, 6th Ed, 2001, Strategic Market Management Kotler et al, 13th Ed, 2008, Marketing Management www.Southwest airlines.com

The Human Function in Plato and Aristotle Essay Example for Free

The Human Function in Plato and Aristotle Essay Plato and Aristotle have similar perspectives about human function. They also share some of their ideas about how human function is related to other philosophical notions such as virtue, good, justice, and the soul. According to Aristotle the chief good (and the human function, which has its end in itself) is happiness. But his definition of happiness is different from what ordinary people usually think. Happiness is neither pleasure nor wealth, nor is it even a kind of honor (Nicomachean Ethics, Chapter 5). It is rather a final state and all human activities attempt to reach this final state. Plato holds that the human function is justice and that it ensures happiness for both the individual and the society when practiced correctly. But this ideal of justice is not for individuals who have special professions or â€Å"crafts. † Justice is rather an ideal that every person should pursue for himself/herself. While their definitions seem to be more or less similar, the two philosophers differ on the relative importance of these notions. That is to say, while according to Plato justice is the most important ideal (and happiness is its derivative), Aristotle holds the opinion that happiness is the most significant good which has its end in itself. A correct definition of happiness however is not simple pleasure, according to Aristotle, but a state of moral well-being (which assumes both justice and virtue.) The two philosophers agree on the issue that in order to be happy, we must exercise our human function (and reach the ideals this function requires). They also seem to agree that the human function (justice for Plato, happiness for Aristotle) is impossible to exercise without being virtuous. All these concepts refer to each other and they sometimes even seem more or less equal. This paper will therefore argue that the two philosophers share similar views on the nature of the human function and how happiness and virtue relate to this notion. It will also be argued, however, that they disagree on the relative importance of these concepts (and that some of their philosophical definitions are different). The human function in Book I of Plato’s Republic is defined towards the end of the book, on pages 29 to 31. Plato’s definition of the human function comes after a long and complex argument on the nature of wealth, justice, craft, and virtue (and how they all refer to each other). Plato does not seem to favor the particular idea that justice is a kind of craft [techne] (Republic, 7.) â€Å"Craft† here is taken to mean something similar to â€Å"business† or â€Å"expertise† and some crafts mentioned in that part of the dialogue are: cooking, medicine, boatbuilding, horse breeding, being the captain of a ship, lyre playing, â€Å"soldiery and musicianship† etc (Republic 6-9). What all these crafts have in common is that they are individualistic and not universal. Justice will therefore differ from this definition because the exercise of justice is a universal goal. Justice therefore cannot be a kind of techne and there are two major reasons for this exclusion. The first reason is that if justice is a kind of techne, then only those who have justice as their profession would be expected to exercise justice, as opposed to all human beings (only those who have justice as their profession). It makes no difference whether an individual is a cook or a doctor or a boat-builder or a horse breeder in that regard: every professional individual is expected to be just and virtuous in his/her life. The second reason is related to the earlier discussion about the nature of wealth and how it relates to happiness and morality. If justice is a kind of techne, that would mean that the person who exercises justice could make money out of it, being a professional. â€Å"Justice† in that regard would be nothing but another kind of business to earn a living. Plato however rejects this idea very strongly: justice cannot be bought or sold. Justice is a kind of human good but it is neither material nor has a fixed price. Justice is superior to wealth, since it is â€Å"a thing more valuable than even a large quantity of gold† (Republic, 13). When we come to the final pages of Book I, we see that Socrates gives the example of the human body to illustrate what justice means. The specific function of the human ear is to hear, the specific function of the human eye is to see, etc. And the function of the human body as a whole is to be healthy and harmonious. The soul has the special function of ruling over the body in a way that will ensure the happiness of the whole. That is the say, the soul is responsible for both its own happiness and the well-being of the body (which it commands). There are strong political implications of this statement: the rulers of a city are responsible for the happiness of the people they rule (like good shepherds). Moving over to Aristotle, we see that the Nicomachean Ethics opens with a similar discussion about the nature of crafts and how they refer to notions of justice. Aristotle claims that â€Å"where there are ends apart from the actions, it is the nature of the products to be better than the activities† (Nicomachean Ethics, Chapter 1). This distinction is of great importance. Aristotle draws a line between goals and actions: actions are towards the fulfillment of goals. Aristotle, like Plato, lists several professions and remarks that these â€Å"arts† have specific goals. The art of strategy has as its goal victory, the â€Å"medical art† has as its goal health, the art of shipbuilding has as its goal the construction of a vessel, etc (Nicomachean Ethics, Chapter 1). But these specific goals cannot stand for the human function by themselves. Just like Plato, Aristotle dismisses the idea that justice is any kind of craft. Chapter 2 of Nicomachean Ethics explains this idea powerfully. According to Aristotle, politics is the â€Å"most authoritative art and that which is most truly the master art. † Politics â€Å"uses the rest of the sciences† and therefore â€Å"the end of this science must include those of the others. † Aristotle also claims that this goal (justice) is the same for both â€Å"a single man and for a state. † We may perhaps paraphrase this as: justice for individuals concerns ethics, justice for society concerns politics. We may furthermore claim that, while the human function on the level of individuals is the exercise of virtue, the human function on the level of societies would be political justice. When an individual is virtuous he can reach happiness. When a community exercises justice (or has just rulers) they can reach happiness as a whole. Plato and Aristotle reach very similar conclusions and even though they seem to be discussing justice on an individual level at first, soon we understand that their real intention is to discuss politics. The conclusions they draw (and even the examples they use) concern communities and in particular, the city-state [polis]. Another important aspect of the human function is the exercise of reason. Aristotle, in the Nicomachean Ethics, defines reason as the characteristic human trait (the main distinction between an animal and human being). According to Aristotle, biological facts such as â€Å"nutrition and growth† cannot be considered as characteristically human traits. Even the â€Å"life of perception† cannot be called the human function because â€Å"it also seems to be common to the horse, the ox, and every animal† (Nicomachean Ethics, Chapter 7). Aristotle finally arrives at a definition of the human function which includes virtue, reason, and goodness: â€Å"human good turns out to be the activity of soul in accordance with virtue, and if there are more than one virtue, in accordance with the best and most complete† (Nicomachean Ethics, Chapter 7). The human good (or the human function) is therefore the activity of the rational soul and not the human body. â€Å"By human virtue we mean not that of the body but that of the soul; and happiness also we call an activity of soul† says Aristotle (Nicomachean Ethics, Chapter 13). Plato, interestingly, uses the same example of the soul to explain justice. â€Å"Justice is a soul’s virtue† is what Socrates says in Book I of The Republic. The soul (which is rational) is superior to the body just as a good ruler is superior to the people he rules over. Both Aristotle and Plato have same approach on whether virtue has an essential role in the pursuit of happiness. Neither Plato nor Aristotle can imagine happiness without justice and virtue. The relation between virtue and happiness, according to Aristotle, is the relation between an activity and a product. When we consider the totality of his arguments in Book I, it becomes clear that virtue is the activity and happiness is the product. Happiness therefore is superior to virtue: virtue is how an individual reaches happiness. Happiness is its own purpose: it is a final state and all human activities attempt to reach this state. Whether Plato would make such a distinction is unclear. His definition of virtue is somewhat different from the modern term. According to Plato, virtue is not exclusively moral (even though the moral aspect is perhaps the most important). Plato defines virtue [arete] as what makes a good dog good, or a good horse good, or a good human good, etc (Republic, 10-11). Arete in this sense â€Å"applies to things (such as knives) which are not moral agents† (footnote, page 11). Socrates however, through Book I of The Republic, refutes Thrasymachus’ view that justice is simply the advantage of the stronger. Thrasymachus’ view is amoral and Plato rejects this view very strongly. From this we may perhaps infer that the most important aspect of virtue is its moral aspect. This definition of arete is also a description of the human function (i. e. what makes a human a human). The two philosophers, therefore, are in agreement on the issue that virtue, reason, and justice are significant aspects of human happiness. The four concepts are interrelated and each would be a good candidate for the human function. Aristotle formulates the human function as â€Å"the activity of soul in accordance with virtue. † Plato however does not reach at a fixed formula by the end of Republic, Book I. We are told that humans indeed have a function (just as organs like ears and eyes do, on page 29) and that it is impossible for the whole to be healthy unless every part is performing its function in a satisfactory manner. We are also told that every specific organ or individual has a specific kind of virtue without which they would â€Å"perform their function badly† (Republic, 30). The final addition to this argument is that it is impossible for a human being to be happy without the exercise of virtue and justice (Republic, 31). However, the exact definition of justice (without which it is impossible to define happiness) is not given at the end of Book I. Socrates makes an admission of this inability towards the end: â€Å"for when I do not know what justice is, I will hardly know whether it is a kind of virtue or not, or whether a person who has it is happy or unhappy† (Republic, 31). The two philosophers therefore share similar views on the nature of reason, happiness, justice, and virtue: all these concepts are interrelated and necessary for each other to exist. However, even though Aristotle gives a formal definition of the human function by the end of Book I in Nicomachean Ethics, Plato does not. He raises the question but the answer is not yet given.

Validity of Electronic Contracts in the UK

Validity of Electronic Contracts in the UK REGULATIONS AND CASE ANALYSIS ON THE VALIDITY OF ELECTRONIC CONTRACTS IN UNITED KINGDOM[1] The validity of Electronic Contracts in United Kingdom Legal background of UK legislations on Electronic contracts In the late 1990s, the lack of a legal foundation for e-commerce has caused many European countries to separately enact electronic signature law.[2]Such a trend has raised a concern to the EU as a whole for the differences there might be.[3]In addressing the issue, the EU has come up with the Directive on a Community Framework for Electronic Signatures (EU E-Signatures Directive).[4]The Directive requires implementation by all member states by July 19, 2001.[5]The Directive mainly deals with, inter alia, the recognition of electronic signature, technological neutrality, and international harmonization.[6] As a result, the Electronic Communications Act 2000 (ECA) and the Electronic Signatures Regulations 2002 (ESR) are the implementation of the EU Directive. 2. Electronic Communications Act 2000 During the history of English contract law, it has addressed and reconciled the validity issue of signature on the basis of their forms. Several forms of signatures were given legal validity such as initials, marks, seals or printed name.[7] When it comes to electronic signatures, UK maintained their perspective as to relying on the function performed by the signature method in determining its legality; this approach is called the technology neutral approach.[8] The ECA heavily inherits of this technology neutral approach. The ECA focuses on three main issues: (i) the validity of electronic signatures, (ii) the validity of electronic records in transactions, and (iii) the legality of public key cryptography.[9] Section 8 and 9 of the ECA removes the barrier between electronic documents and their paper counterparts. As such, electronic records are given legal validity on a case-by-case basis. The act also authorizes the Secretary of State to enact secondary legislations.[10] 3. Electronic Signatures Regulations 2002 The ESR came into force on March 8, 2002.[11]The main focus of the ESR is to implement certain provision of the EU E-Signatures Directive, especially the one concerning Cryptography Service Providers, including liability and data protection.[12] The ESR and the EU E-Signatures Directive share the same definition for electronic signature. Under the ESR, a legal person can be a signatory. The two legislations also share the same two types of signature, which is basic and advanced signature. Since UK contract law does not distinguish the notion of handwritten signature, theres no need for the ESR to specifically recognize the validity of an electronic signature as an alternative for the handwritten ones. However, various [U.K.] legislative acts have generally recognized [sic] that an e-signature is a valid form of signature in the specific context concerned.[13] Data messages under UK legislations Definition of data messages under UK legislations Under English legislation, data messages was addressed under the name of electronic communication. Section 15 of the Electronic Communication Act 2000 defines electronic communication as follows: A communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)- By means of a telecommunication system (within the meaning of the Telecommunication Act 1984); or By other means but while in an electronic form This broad definition covers all kinds of communication transmitted through a device to a telecommunication network, including a telephone, fax, computer or laptop. Regarding electronic contracting, the EDI might be the oldest form of computer-based electronic contracting.[14] Origin of data messages under UK legislations In England and Wales, it is also difficult to determine when and where the electronic communications are sent from. English legislation requires some physical manifestation of the subject matter, or the parties intent. Its not much important to search for the time of place where the electronic communication generated, but several legal aspects relied on these two factors. Electronic communications, in their nature, are intangible to the outer world, unless stored of physically manifested by electronic equipment. Even if the electronic data is stored in the device, it can be easily deleted or modified without leaving any trace of the interference. This is a major issue of evidential value of electronic data, for example, as to the existence of a contract or a contractual term. Evidential validity of data messages under UK legislations Electronic evidence has been subjected to special legislation in England for many years. The admissibility of data message in England was governed by a lot of rules, much more than those of traditional paper evidence. Section 5 of the Civil Evidence Act 1968 provides that a computer-produced document shall be admissible as evidence, provided that the proponent can demonstrate its authenticity. The person who wishes to submit electronic evidence must establish that: The document was prepared during a period over which the computer regularly stored or processed information; Over the relevant period of time, information of this type was regularly supplied to the computer; The computer was operating properly; and The information contained in the statement reproduces information supplied to the computer.[15] Without any of the above conditions, the electronic evidence would not be admissible. On the part of the proponent, not only he must prove the authenticity of the evidence, but also its reliability, often times by acquiring a certificate signed by a person responsible for the operation of the computer.[16] Time and place of data messages under UK legislations Time of data message under UK legislations In England and Wales, as well as many other countries, the courts face with a difficult issue of which rule between the dispatch rule and the receipt rule should be apply in certain cases. In fact, the solution for a previous case does not necessarily solve the problem in a new situation. Time of dispatch Some argued that the dispatch rule (originated from the postal rule) should be applied in those cases dealing with e-mail communication, but not to online transactions.[17] The reason for this is because they observed that e-mail communications share many feature with the old-time postal communication, for example, after the sender hit the sending button, he or she has very little control over what would happen to the message, or not at all. In other words, he did all he could in messaging the other party. Of course there might be some delay or problem as the two parties often do not communicate simultaneously. It was suggested that a modified postal rule should be used to deal with the formation of nowadays electronic communications. Time of receipt Should the court apply the receipt rule for contractual formation, the crucial issue would be the time of receipt of that piece of communication. In fact, one would find a lot of identifiable point along the communication process that would fit the receipt category.[18] The Electronic Commerce Directive of UK does not deal with the contractual acceptance but it does shed light on the time of receipt of a message. Article 11 of the Directive provides for the situation where an order was placed with a service provider and that service provider must acknowledge the receipt of that order. The order and acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them.[19] The phrase able to access them was the subject of various debates. It is believed that the phrase was imported directly from regulation 11(2)(a) of the EC Directive and according to the Guidance for Business, when the message is capable of being accessed by the recipient it will be deemed received, which doesnt explain anything as to this interpretation.[20] For instance, if a data message is sent in the middle of the night, it must be deemed capable of being accessed, but is it reasonable to require a consumer to check a message in the middle of the night? In most of the case, after dispatching, no one would expect that message to be received at that time of the day. Place of data messages under UK legislations According to the general rule, the formation place of an electronic contract would the one where acceptance was communicated to the party making the offer. In specific situations, the place of acceptance was the place where the party making the offer received the acceptance. As a matter of facts, courts must look into details of the circumstance to decide which rule should be applied. Electronic signatures under UK legislations The ECA broadly defines electronic signature as so much of anything in electronic form that is incorporated into or otherwise logically associated with any electronic communication or electronic data and purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.[21] From the above definition, an electronic signature can be broken into three elements, namely (i) so much of anything in electronic form, (ii) incorporation or logical association, and (iii) purports to be used by the individual creating it to sign.[22] The first requirement of an electronic contract is the electronic form. This is such a broad provision so as to make sure that new concepts that are yet to be invented would be covered by the definition. The second requirement of an electronic signature is the incorporation of logical association with an electronic communication or electronic data. The signature could be deemed incorporated or logically associated by the way it is created. For example, in the process of creating a digital signature, the software could take part of the plaintext and create a message authentication code, which allows a recipient to check whether the message has been altered. As a matter of fact, the authentication code is separated from the message but at the same time incorporated into it. Another instance is where a biometric measurement is attached to a message. In this case, the biometric measurement would only function when it is associated with the message. There are many other ways to produce an electronic signature but the same principle is applied to all of them, even though the function of the electronic signature may vary from case to case. The third element of an electronic signature is the intent of authenticity[23] by the signatory in creating the electronic signature. There are cases where the person who the signature purports to be was not the one who actually caused it to be affixed to the data. In those instances, the electronic signature failed the third requirement. In terms of the admissibility of electronic signatures required by the EU E-Signatures Directive, the definition of electronic signature in the ECA is said to be too broad.[24]Understandably, the ECA looks to make room for technological innovation; therefore the definition was intentionally left unspecific.[25]However, the ECA should ensure the analogous binding characteristic of an electronic contract as a handwritten one, i.e. section 7 (3) of the ECA should not allowed authenticity and integrity to be separated by going beyond the interpretation of advanced electronic signatures.[26]It is similar to having a signature on a piece of paper on an unsigned contract and telling that the contract is signed. Moreover, section 7(3) also allows separate the data and the communication, which raise an issue of the non-repudiation characteristic which requires the integrity of both the data and the communication. Analysis on some significant cases of Electronic Contracts in United Kingdom Case 1: Golden Ocean Group Limited v. Salgaocar Mining Industries PVT Ltd. and another [2012] EWCA Civ 265 This English case shed some light on the enforceability of a contract of guarantee where a series of documents have been duly authenticated by electronic signature of the guarantor. The facts of the case The plaintiff of this case, Golden Ocean Group Ltd (Golden Ocean), was a shipping company. The defendant was Salgaocar Mining Industries PVT Ltd (SMI). In early 2008, in reply to Golden Oceans offer to charter SMI a vessel, SMI nominated Trustworth Shipping Pte Ltd (Trustworth), a related company. The negotiations were conducted via email on the basis that Trustworth fully guaranteed by SMI. Golden Ocean later claimed that Trustworth had repudiated the charter and that it was guaranteed by SMI. The defendants argued that the email chain was insufficient to create a binding guarantee according to the Statute of Frauds. Legal issue The issue of this case was whether the email chain constituted a binding guarantee or not. Judgment of the court The court rendered a judgment for the plaintiff, agreeing that Golden Ocean had a well arguable case that the document was in writing and did not contradict the Statute of Frauds. As such, the court set forth the following reasons: First, the judge rejected the argument that the agreement between the parties was not in writing according to the Statute of Frauds. The phrase fully guaranteed by [SMI] can only be interpreted in the way that the charter party was guaranteed by SMI, instead of to be guaranteed as the case may be. Neither did the judge accept the idea that there should be some limitation to the number of documents to be permissible in the case of writing. The court emphasized that it was highly desirable that the law gives effect to the communications which are more than clearly than many negotiations between men of business, the sequence of offer, counter offer, and final acceptance by which, classically, the law determines whether a contract has been made. Regarding the signature issue, the court concluded that the contract was signed by way of the electronically printed signature of the person who sent them and it sufficed the test of a valid signature according to the Statute of Frauds. Case 2: Hall v Cognos Ltd Industrial Tribunal Case No.1803325/97 The facts of the case Hall was employed by Cognos as a sales executive. Under the employment contract, Halls expenditures incurred for travel, accommodation and other reasonable cost would be covered by Cognos, under the condition that it would not exceed 6 months. Hall failed to submit the claim within 6 months so he asked Sarah McGoun and Keith Schroeder, his line manager, whether these expired claimed was okay for him to get his recovery. The reply was Yes, it is OK. They communicated through a series of emails. Hall later submitted his request but Cognos refused to accept any payment. Legal issue The issue of this case was whether emails can suffice the writing test and be considered as signed once theyre printed out. Judgment of the court The court rejected the claim for Cognos that because the emails were not in writing and signed, they didnt have any effect. Instead, the judge concluded that emails were in writing and signed once they were printed out. [1] In the UK, there are three different legal territories: England and Wales, Scotland and Northern Ireland. For the purpose of this chapter, the UK law or English law represents the law in England and Wales. [2] Anthony Burke, EU and Irish Internet Law: An Overview, 13 INTL L. PRACTICUM, Autumn 2000, at 107, 113-15 [3] Mariam A. Parmentier, Electronic Signatures, 6 COLUM. J. EUR. L. 251, 252 (2000) [4] Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for Electronic Signatures [1999] OJ L13/12, 19.1.2000. [5] Id., Art. 13 [6] Jacqueline Klosek, EU Telecom Ministers Approve Electronic Signatures Directive, 4 CYBERSPACE LAW. 12 (2000). [7] Mincoff, M., An Overview of Electronic and Digital Signature Legislation and Regulation in the United States: Silanis Technology, 1999 [8] Reed, C., What is a Signature?, Journal of Information, Law and Technology,2000 [9] Murray, J., Public Key Infrastructure Digital Signatures and Systematic Risk, Journal of Information, Law and Technology.2003 [10] Id. [11] Interdisciplinary Centre for Law Info. Tech., Katholieke Universiteit Leuven, Study for the European Commission: The Legal and Market Aspects of Electronic Signatures, 215-16 (2003). [12] Id. at 215 [13] Xxx Interdisciplinary Centre for Law Info. Tech., Katholieke Universiteit Leuven, Study for the European Commission: The Legal and Market Aspects of Electronic Signatures, 215-16 (2003) [14] The most mature form of electronic contracting is electronic data exchange (EDI), which permits trading partners to exchange commercial documents electronically. Baum, M.S. Perritt, H., Electronic Contracting, Publishing and EDI Law, Wiley Law Publications: New York, 1991, at 2 [15] Section 5(2) of the Civil Evidence Act [16] Ibid., Section 5(4) [17]See Murray, A.D., Entering Into Contracts Electronically: The Real W.W.W., in Edwards, L. Waelde, C. (eds) Law and the Internet: A Framework for Electronic Commerce 2nd ed. (Hart: Portland, Oregon, 2000) at 26 and Downing, S. Harrington, J., The Postal Rule in Electronic Commerce: A Reconsideration, (2000) 5 (2) Communications Law 43 [18] For example, the point at which an e-mail arrives at his service providers server or the point at which the e-mail is downloaded to the recipients computer [19] Article 11 of the Electronic Commerce Directive [20] Guidance for Business on the Regulations 5.29 (a) [21] Section 7 (2) of the ECA [22] See Stephen Mason, Electronic Signatures in Law, 4th edition, 2016, at 171 [23] Section 15 (2) of the ECA provides for 3 tests to determine the authenticity of a communication or data, which are: whether the communication or data comes from a particular person or other source; whether it is accurately timed and dated; whether it is intended to have legal effect. [24] Section 7 of the ECA [25] Section 7 (2) of the ECA [26] This may be to satisfy Article 5(2) of the Directive that requires that electronic signatures are not denied legal effectiveness and admissibility as evidence.

Response to Speech Titled An American Success Story -- Nakasian

Dear Mr. Nakasian, Your speech has been capable of showing people your thoughts and ideas on â€Å"An American Success story†. In â€Å"An American Success storyâ€Å", you tell your audience that forty years ago you entered America through a U.S. District Court in New York. I believe that the U.S. District Court is in the same area as the Statue of Liberty and Ellis Island. You spoke of applying and receiving your American Citizenship, then going through an honored ceremony. Also you spoke of the meanings and feelings that this Certificate has expressed on you, which showed your public viewers. Well as much as your viewers see this speech, personally I do not agree with you on some levels of your speech being a well rounded and believable description of â€Å"An American Success Story†. You state only your experiences not knowing what anyone else went through nor giving any examples of anyone else’s experiences. Mr. Nakasian, my opinion of you is constructed of an idealistic person who wants to believe everything that comes out of your mouth. In your speech of an â€Å"American Success Story†, you speak about cherishing your certificate for forty years. You announced your meaning of this certificate as a very special item to you because no other country offers as much as this certificate guarantees. Also you spoke of escaping discrimination by coming to America and having the guarantee of religious beliefs and personal freedom. You set down experiences about yourself, how you went through a poor life and then becoming orphaned shortly after arriving in the United States. In your speech, you discussed your dream of becoming a lawyer and making progress: educationally, professionally and economically. Also an interesting point you have made to y... ...sion as shows, movies, commercials and so on. Also it is harder for immigrants to find a job, especially if they have accents. For example, even immigrants with an education who have an accent have closed doors to job opportunities because they are not of the same kind and an accent make’s it harder to identify someone. Think about it people will not always be nice to you in this world, maybe you were just hit with a simple bit of luck. Many things in American society is not as always great as people might seem to think they are, which gives people a different vibe about America such as you Mr. Nakasian. Although people know there is no country that provides each person with better opportunities than America. I just do not completely agree with your presentation, as the United States being an ideal country because people don’t give us enough information.

Urbanization in the Kurdistan Region Essay -- Sustainable Development

Introduction Urbanization: The process by which more and more people leave the countryside to live in cities (Cambridge Advanced Learner's Dictionary). Sustainable development: The ability of an activity or development to continue in the long term without undermining that part of the environment which sustains it (Scottish Natural Heritage, 1993). The process of urbanization and the population growth across the world has been increasing over the last 40 years, and it is expected to happen in the developing countries' urban areas. Kurdistan is a developing country; before Kurdistan region was not as developed as it is now, and it still needs more development. Kurdistan is considered as a 3rd world country, and that was because the central governments of Iraq did not give enough attention to this region like they did to Baghdad, Mosul and Basra. That is why; this region became less developed than the rest of Iraq. When the region became under the Kurdish authority they tried hard to develo p and give special attention to the region and especially Erbil since it is the capital of the region. Only in a few years the KRG region developed dramatically, before Erbil used to have one public university (Salahaddin University) and now it has many universities; institutions, private universities. This is considered as a great educational development for the Kurds. People now are more educated and have a better life in comparison to the past. As a developing country KRG region has many problems in general also problems concerning the urbanization, because the majority of the population is gathered in three main cities, and this causes lots of problems to the people in the cities. Also to the people who are living in the rural are... ... need a lot of time. Conclusion This essay clearly identified three problems of urbanization within the KRG region and to what extent each one of these problems can be solved by policies of sustainable development. However, not all the solutions can be applicable in the Kurdistan region consequently; while some can be very well applicable. All in all, most of the problems can be solved by the government since the budget of this region is in their hands. Kurdistan is an arable region, also has lots of many oil wells, all these are concerned with nature, so the government should make good use of these resources. Moreover, these problems can also be solved by appropriate planning, getting help from expert foreigners, and spending a great deal of time on such these issues. Even though the people's contribution is a must but that is just a part of the solution.

Brief Shao Lin Monk History :: essays research papers fc

A Short History of Shao Lin Monks and their Martial Arts   Ã‚  Ã‚  Ã‚  Ã‚  The original Shao Lin temple was built in 495 A.D. by the ruling Bei Wei emperor for an Indian monk who came to China to preach Buddhism. The name Shao Lin derived from the fact that its original temple was located within a small forest on Shao Shi mountain. Shao came from the name of the mountain and Lin comes from the Chinese character that stands for forest. The origin of Shao Lin being its own sect of Buddhism dates back to 540 A.D. when and Indian Buddhist named Bodhidharma, Tamo in Chinese, traveled to China to see the ruling Bei Wei Emperor. At that time, the Emperor had started local Buddhist monks translating Buddhist texts from Sanskrit to Chinese. The intent of this practice was geared towards allowing the general population to practice this religion. The Emperor believed that this act would lead to Nirvana, but Tamo disagreed. Tamo’s view on Buddhism was that you could not achieve your goal just through the good actions performed by others in you r name. Tamo then left to meet with the local Buddhist monks at Shao Lin.   Ã‚  Ã‚  Ã‚  Ã‚  Originally Tamo was refused entrance to the temple because the monks thought he was just an upstart or foreign meddler. Rejected by the monks, Tamo went to a nearby cave and meditated until the monks recognized his religious prowess and admitted him to the temple. Legend has it that he bore a hole through one side of the cave with his constant gaze; in fact, the act that earned him his recognition is lost to history. When Tamo joined the monks, he observed that they were not in good physical condition. Most of their routine paralleled that of Irish monks of the middle ages, who spent hours each day hunched over tables where they transcribed handwritten texts. Consequently, the monks in Shao Lin lacked the physical and mental stamina needed to perform even the most basic of Buddhist meditation practices. Tamo then incorporated by teaching them moving exercises designed to both enhance the flow of ch’i and build strength. These sets, modified from Indian yoga& #8217;s such as hatha and raja and were based on the movements of the 18 main animals in Indo-Chinese wilderness, were the beginning of Shao Lin martial arts known as gung fu. The Shao Lin temple was in a very secluded area where bandits traveled and wild animals were an occasional problem, so the martial side of the temple probably started out to fulfill self-defense needs.

Ethical Healthcare Issues Essay

Ethical dilemmas in health care are often the most difficult to navigate. Quite often the life of a person depends on the decision made when a challenge arises. This is certainly the case regarding patients in a permanent vegetative state. These cases have provoked very strong, opposing opinions throughout the medical community. Generating a definitive answer to how a facility handles these situations is extremely important to ensure appropriate ethical policy is followed throughout the care or termination of medical services for a person in a permanent vegetative state. Four ethical principles assist in guiding the ethical conversation: autonomy, nonmaleficence, beneficence, and justice. Autonomy Preserving a patient’s autonomy is a standard ethical policy for health care providers. Examples of how doctors and facilities protect a patient’s right to independence include Advance Directives, the Patient Self-Determination Act, and HIPAA. â€Å"The problem is that vegetative patients are not competent to refuse continued treatment, and there is concern about how best to protect them from treatment that they would probably refuse if they could† (Jennett, 2002, p. 356). A patient who has the unforeseen misfortune of entering into the permanent vegetative state may not have the chance to express their stance through an Advance Directive on how he or she wish to proceed medically, therefore stripping him or her of the right to autonomy. Some patients may have expressed their wishes informally to their family members and loved ones, such as the desire to donate organs when the time comes. If the decision were made to end medical care in a more direct and rapid way, organs would have a better chance of becoming used to help others, which would restore some of the patient’s autonomy (Wade, 2001). Most people would rather donate their organs for the benefit of others, rather than remain in an unconscious state, when given the choice. Unfortunately, these patients are not given a chance to voice that opinion. Nonmaleficence Nonmeleficence is the ethical principle to do no harm. It could be argued that a person in a permanent vegetative state feels nothing, and that poses the question regarding whether or not one can do harm to someone who does not feel anything emotionally or physically (Wade, 2001). In addition, continued treatment actually may be doing harm to the patient. â€Å"There have been many declarations that survival in a permanent vegetative state is not a benefit to the patient, some regarding it as a fate worse than death† (Jennett, 2002, p. 356). There are opposing viewpoints that believe patients in a vegetative state actually may be aware of their surroundings. According to Hope (2011) a study confirmed, â€Å"patients thought to be in a permanently ‘vegetative’ state may still be able to think and communicate† (para. 1). Although this may sound hopeful for loved ones, for some patients being aware of surroundings but not able to move or communicate is doing more harm to them. Would it be more nonmaleficent to end their suffering if they have poor quality of life? Beneficence The philosophical question beneficence raises is will an unknowing patient benefit from an act of good (Wade, 2001)? The patient is not aware of any kind or unkind act done to him or her in an unconscious state. Ongoing treatment could bring about a recovery, but a patient may not view this as beneficent. The state that their body and mind would be in and the quality of life they would have is questionable for whether or not keeping the patient alive was actually doing him or her any good. Beneficence can also relate to the survivors of the patient. In many cases, it is the willingness of the family to keep the patient alive in the hopes of a miracle even if it is against what the doctor’s recommend (Brody, 1988). Is it beneficent to the patient’s family to remain in a state of ongoing grief when there is no improvement in sight? Justice Justice is the most applied ethical principle for arguing for or against termination of treatment for patients in a permanent vegetative state. One argument that can be raised is whether or not it is fair to continue to allocate resources for a person in this state when it limits the care and resources other patients could be receiving (Wade, 2001). If a person is in a permanent unconscious state and doctors have determined that he or she will not regain consciousness or live a normal life, should the care and services he or she are using be given to a patient who has a greater chance of recovery. In addition, consider the cost to society for paying for the ongoing resources and care these patients will need (Brody, 1988). Is it fair to impose that cost on others? Instead, the funds could be used to save the lives of others. However, if the policy became to end patient’s care once they have reached a permanent vegetative state it could be said that attitudes may change toward other severely disabled people and the ongoing care they receive (Wade, 2001). Provider’s compassion may begin to be diminished over time through seeing the termination of care on these permanent vegetative patients, and it may desensitize them in a way that would make it difficult for them to provide any ongoing care to disabled people. Terminating an individual’s life whether it is physician-assisted or merely stopping food sources will always pose huge ethical concerns, even if the patient is in a permanent vegetative state and cannot express emotion or feel pain. Forming an opinion on the issue is not easy, and there are many parties who have interest in the outcome such as the patient, their family, the staff providing care, the facility providing care, and society. By applying the four ethical principles of autonomy, nonmaleficence, beneficence, and justice healthcare administrators can begin to form an ethical opinion to shape the way their facility approaches the many challenges permanent vegetative patients cause. References Brody, B. A. (1988). Ethical questions raised by the persistent vegitative patient. The Hastings Center Report, 18(1), 33-37. Hope, J. (2001, November 10). Vegitative patients ‘can still think and respond’. Daily Mail, 0(0), 28. Jennett, B. (2002). The vegitative state. Journal of Neurology, Neurosurgery and Psychiatry, 73(4), 355-357. Wade, D. T. (2001). Ethical issue in diagnosis and management of patients in the permanent vegetative state. BMJ: British Medical Journal, 322(7282), 352-354.