Law Essay Example about Muslim Faith - Free Essay Example

A. Maria Haines has recently converted to the muslim faith and has now insisted on wearing the appropriate religious dress which requires Maria to wear clothing revealing only her eyes. Customers have refused to deal with her Maria is the sole Receptionist as BIS and they have told her that they will have to terminate her contract. If BIS decides to terminate Marias contract, then it is likely that she will commence proceeding against BIS for unfair dismissal, pursuant to section 94(1) of the Employment Rights Act 1996 (as amended). It is likely that the primary basis for her claim will be that her right to freedom of religion, under Article 9 of the Human Rights Act 1998, has been infringed by her employers decision to dismiss her for wearing her religious head veil. Article 9(1) of this Act provides that, â€Å"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.† (Art. 9(1) HRA 1998) Maria will likely argue that in wearing a veil she is publically manifesting her religion in practice and observance. She may even try to rely upon the recent House of Lords decision in the case of R (Begum) v Governors of Denbigh High School [2006] UKHL 15 to support this argument. By virtue of section 98(1) of the Employment Rights Act 1996, the burden of proof will rest upon BIS to satisfy the Tribunal, on the balance of probabilities, that the dismissal was not unfair. Maria may also argue that BIS has unlawfully discriminated against her on grounds of her religion and belief, in accordance with regulation 3 of the Employment Equality (Religion or Belief) Regulations 2003. Her argument would likely be that, in dismissing her, BIS treated her â€Å"less favourably than [it] treats or would treat other persons.† (Reg. 3(1)(a) EE(RoB)R 2003) There are several aspects to this claim which present opportunities for BIS to mount a successful defence to these claims: The first argument that BIS might make is that the dismissal in question was not unfair, because the reason for her dismissal â€Å"relates to [her] capability†¦ for performing work of the kind which [she] was employed by BIS to do.† (s.98(2)(a) ERA 1996) There is clear evidence here that Maria could not continue as receptionist, because BISs customers refused to have any further dealings with her, due to her insistence on covering her face with a religious veil. BIS can argue that Marias rights under Article 9(1) of the Human Rights Act 1998 are not absolute because they are qualified by Article 9(2) of that same Act, which provides that, â€Å"Freedom to manifest ones religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.† (Art. 9(2) HRA 1998) BIS can argue that its right to run an effective business is one of the rights against which Article 9 must be weighed and that this latter right must prevail. There is recent and good judicial authority for this proposition; namely, in the case of Copsey v WWB Devon Clays Ltd [2005] EWCA Civ 932 which applied the earlier case of Stedman v United Kingdom (1997) 23 E.H.R.R. CD 168. Mar ia might try to rebut this argument and distinguish these authorities on the basis that, in those cases, the employees in question refused to accept offers of alternative employment, although the success of this argument will depend upon whether or not it was viable for BIS to make such an offer in this case. In light of the fact that BIS is only a small company, it may well be the case that there did not, at the time of dismissal, exist any other vacancies for which Maria would have been suitably qualified. BIS might also try to argue, in light of the fact that Maria has only recently converted to Islam, that her religious beliefs are not sufficiently cogent, serious or important to warrant her reliance on Article 9 of the Human Rights Act 1998; while the success of this argument will fall on the Courts interpretation of the facts, there is judicial authority, at least at the European level, that lack of real or strong religious belief precludes the operation of Article 9 of the European Convention on Human Rights 1950 (Campbell and Cosans v United Kingdom (1982) 4 EHRR 293). A similar argument to this that BIS might try to rely upon is that Maria, in wearing a head veil, was not manifesting her religious beliefs, but was merely motivated to wear religious dress by those beliefs; again, there is judicial authority at the European level to support the validity of this argument (Arrowsmith v UK (1978) 3 EHRR 218). BIS can distinguish the decision handed down by the House of Lords in the case of R (Begum) v Governors of Denbigh High School [2006] UKHL 15 on the basis that this case concerned the treatment of a student in compulsory full-time education. Both Brooke LJ and Mummery LJ both explicitly declared in this case that the principles in operation were not the same as those applicable in the employment context (Sandberg, 2009:272). In regard to the argument that BISs dismissal constitutes discrimination under regulation 3 of the Employment Equality (Religion or Belief) Regulations 2003: BIS can argue that, in light of the reaction of its customers to Marias head veil, requiring her to remove the veil during working hours became a genuine and proportionate occupational requirement, in accordance with regulation 7(2) of the 2003 Regulations (Nairns, 2007:93). In conclusion, so long as BIS can satisfy the Court that it was not in a position to be able to offer Maria any alternative employment, where she would have been able to continue wearing her religious dress, then it is highly unlikely that any of Marias claims will be successful. B. Josie Rimson has been employed in BIS cafeteria to prepare staff meats. She has noticed that some of the meats and sauces are out of date, but, having raised the issue, was told: â€Å"Your job is to make the meals, just get on with it†. She has now heard that some staff are off sick with suspected food poisoning and she is afraid she will be blamed. Repeated complaints to Senior Managers at BIS have been rejected so now she has reported the problem to Bramley Council. An item on the matter has now appeared in the Bramley Gazette. BIS has decided to discipline her, and have warned that she may be dismissed. The main issue here is whether or not a dismissal of Josie by BIS would be deemed unfair under the Employment Rights Act 1996, as amended by the Public Interest Disclosure Act 1998, an Act which inserted into the 1996 Act clause 103A, which provides that, â€Å"An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.† (s. 103A ERA 1996; s. 5 PIDA 1998) The term ‘protected disclosure is defined by sections 43A and 43B of the Employment Rights Act 1996 (as amended) as, â€Å"†¦any disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following— (†¦) (b) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject, (†¦) (d) that the health or safety of any individual has been, is being or is likely to be endangered (†¦) (f) that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.† (s. 43A 43B ERA 1996) In the present case, it is reasonably clear, on the facts, that the reason Josie reported this matter to the Bramley Gazette was because she felt that her Senior Managers were trying to conceal or, at least, disregard the possibility that the instances of staff poisoning were the result of their consuming out of date food in the staff canteen, in which case section 43B(f) of the Employments Rights Act 1996 would likely be deemed satisfied. It may also be the case that Josie felt, in light of the despondence of BISs senior managers, that unless she reported this incident to the Bramley Gazette, the events giving rise to these incidences of food poisoning would repeat themselves in the future, in which case section 43B(d) of the Employments Rights Act 1996 would likely be deemed satisfied. If the Tribunal is satisfied (1) that Josie ‘reasonably believed that there had been malpractice on the part of her Senior Managers (Babula v Waltham Forest College [2007] EWCA Civ 174); and, (2) that Josies disclosure was the reason for her dismissal (Kuzel v Roche Products Ltd [2008] EWCA Civ 380), then it is highly likely that Josie will be able to bring a successful claim against BIS for unfair dismissal. BIS might try to argue that Josie is being dismissed for gross negligence, in preparing staff meals using foods which were out of date , and that when the Senior Managers told her â€Å"Your job is to make the meals, just get on with it,† they were merely reminding her that it is within her job capacity to make decisions in regard to which food stuffs to use and which to discard. While this argument might have had some merit if Josies Senior Managers had commenced disciplinary proceedings afte r Josie admitted that the recent outbreak of food poisoning was potentially attributable to her having served out of date food stuffs in the staff canteen, the fact that such proceedings were only initiated after the article was published in the Bramley Gazette, renders this version of events highly improbable. C. Harriet Jameson has recently returned from sick leave following a serious car accident, which required her to have extensive surgery for major facial injuries. The surgery left her with very visible red scarring on her face. BIS has interviewed her and suggested removing her from her post as Manager of the company creche because the children of the employees have refused to attend: they have been having nightmares, and this is affecting attendance of the female employees at work. Harriet has refused her relocation to the personnel Department, claiming discrimination. The main issue which falls for determination here is whether or not Harriet, if dismissed from her position as Manager of the company crà ¨che, will be able to mount a successful claim against BIS for unfair dismissal. We have been told that Harriet is claiming that she is being discriminated against on the basis of her facial disfigurement. However, in order for this argument to have legal validity, it is necessary that Harriet can satisfy the Tribunal that her facial scarring qualifies her for protection under the Disability Discrimination Act 1995. For the purposes of this Act, a ‘person with disability is defined as follows: â€Å"†¦ a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.† (s. 1(1) DDA 1995) While there is no doubt that Harriets purported disability is physical in nature, in order for her to argue that it is a qualifying impairment, she must satisfy the Tribunal that it is having substantial adverse effects, that those substantial adverse effects will likely remain for the long-term and that they affect her ability to carry out normal day-to-day functions or activities (Department for Work and Pensions, 2005:3). The Guidance issued by the Secretary of State on the definition of disability, pursuant to section 3 of the Disability Discrimination Act 1995 confirms that, with some limited exceptions (e.g. for self-inflicted scarring, piercing or tattoos), bodily scarring or disfigurement will be deemed to have substantial adverse effects on a persons ability to undertake normal day-to-day activities (Department for Work and Pensions, 2005:6; Adams, 2008:375). To satisfy the ‘long-term criterion of the 1995 Act, the scarring must either have been present for 12 months or be likely to remain for that period (Adams, 2008:375). In this present case, while the s urgery was only recent, it seems likely, due to its severity, that the scarring will remain for at least this length of time. Having established that Harriet qualified for protection under the Disability Discrimination Act 1995, it is now necessary to consider whether or not she has been discriminated against on the basis of her disability. ‘Discrimination is defined by section 5 of the 1995 Act: â€Å"For the purposes of this Part, an employer discriminates against a disabled person if— (a) for a reason which relates to the disabled persons disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and (b) he cannot show that the treatment in question is justified.† (s. 5(1) DDA 1995). While it is certainly the case that BIS has asked Harriet to accept a lateral move on the basis of her disability, BIS will seek to show that this did not constitute discrimination because it was not approp riate for her to remain working with children, in light of the effect that her disfigurement has had on them, in practice. In the opinion of this author, BIS has acted reasonably and proportionately in asking Harriet to relinquish her role as Manager of the company crà ¨che and to accept an alternative employment position in the company. As Adams (2008:367) argues, albeit in a slightly different context, â€Å"An employer†¦ may be justified in refusing to employ as a model for cosmetics someone who suffers from a disfiguring scarring†¦Ã¢â‚¬  In conclusion, if Harriet refuses to accept BISs offer of alternative employment, BIS will be entitled to terminate her contract, without fear of any legal repercussions under the Employment Rights Act 1996 or the Disability Discrimination Act 1995. References/ Bibliography The Employment Rights Act 1996. The Employment Rights Act 2002. The Employment Equality (Religion or Belief) Regulations 2003. Stedman v United Kingdom (1997) 23 E.H.R.R. CD 168. The Human Rights Act 1998. Copsey v WWB Devon Clays Ltd [2005] EWCA Civ 932. The European Convention on Human Rights 1950. Campbell and Cosans v United Kingdom (1982) 4 EHRR 293. Arrowsmith v UK (1978) 3 EHRR 218. R (Begum) v Governors of Denbigh High School [2006] UKHL 15. Sandberg, R., 2009. The Changing Position of Religious Minorities in English Law: The Legacy of Begum. In RD Grillo (ed.), Legal Practice and Cultural Diversity, Ch. 14. Aldershot: Ashgate Publishing Limited. Nairns, J., 2007. Employment law for business students. 3rd edition. London: Pearson Education Publishing. The Public Interest Disclosure Act 1998. Babula v Waltham Forest College [2007] EWCA Civ 174. The Disability Discrimination Act 1995. Kuzel v Roche Products Ltd [2008] EWCA Civ 380. Department for Work and Pensions, 2005. Disability Discrimination Act consultation document: guidance on matters to be taken into account in determining questions relating to the definition of disability. London: The Stationary Office. Adams, A., (2008). Law for business students. 5th edition. London: Pearson Education Publishing.

William Golding s Lord Of The Flies - 1776 Words

Maybe the beast is us (Golding 85), in the novel, Lord of the Flies, by author William Golding, Golding uses the entire book as social commentary. The social aspect he focuses on is man’s ability to be evil and destructive. William Golding uses three specific literary devices to convey this idea; characterization, diction and symbolism. Lord of the Flies explains man s capacity for evil which is revealed in his inherent human nature, which he cannot control or ignore. The hidden evil within every man is the most obvious theme of the novel, and it’s most controversial and talked about. To show this idea, Lord of the Flies discusses the lives of a group of adolescent school boys who have been stranded on a deserted island in the middle of nowhere. As these boys struggle to live and survive they are faced with the challenge of sustaining human life by feeding and protecting themselves from outside harm, and protecting themselves from each other, as well as trying to figure out how to be rescued. Throughout the novel they must learn how to maintain a civilized settlement as well as maintaining their own sanity; however it becomes clear very soon that most of the boys are capable of destruction and pure evil in response to their extreme circumstances and environment. Golding s usage of characterization clearly depicts his notion that all men have the capacity and ability for evil due to their human nature. Golding uses the two main male characters of Jack and Ralph as theShow MoreRelatedWilliam Golding s Lord Of The Flies1263 Words   |  6 PagesResearch Paper: Lord of the Flies William Golding, the author of Lord of The Flies, included adults for only a brief time throughout the novel, playing only a minor role at the end. The absence of adults exemplifies how children require the structure and guidance that only parents can provide, symbolically, how nations newly freed from the British Empire’s control would be better off under English colonial power to survive and maintain order before deteriorating into anarchy. The adults of theRead MoreWilliam Golding s Lord Of The Flies752 Words   |  4 Pagespossible, so a five year old who teases others to Adolf Hitler would be classified as perpetrators of evil. Lord of the Flies is a fictional story about a group of British boys who get stranded on island. The author of the novel Lord of the Flies, William Golding, showcases Zimbardo’s ideas in his story. Zimbardo did not form his theory Through the character development of Jack and Roger, Golding illustrates the intensity of evil when one is impacted by situational forces. Before Ralph and Piggy unifiesRead MoreWilliam Golding s Lord Of The Flies1869 Words   |  8 PagesEssay Outline – Unit 11 Introductory paragraph: Topic Sentence (includes the book title and author) The novel Lord of the flies by William Golding is a type of literature that revolves around an anti-war theme. Main Points that will be discussed in the essay presented in order of weakest to strongest: 1. Lord of the flies was written during WWII and one of the manifestations is the dead man in the parachute presumably a victim of a bombed plane. 2. Faction among the group which is similar toRead MoreWilliam Golding s Lord Of The Flies1282 Words   |  6 PagesWilliam Golding, the author of Lord of The Flies, included adults for only a brief time throughout the novel, playing only a minor role at the end. 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After hurried deliberation, a lone member of the group is elected leader in hopes that they will calm the panic, and make the hard, but necessaryRead MoreWilliam Golding s Lord Of The Flies1315 Words   |  6 PagesWilliam Golding’s novel Lord of the Flies was set somewhere on the timeline of World War Two, a war between the Axis and the Allies lasting from 1939 until 1945. Although WWII was fought between many countries in the Pacific and Europe, the main contender was Germany, led by Adolf Hitler. Hitler and his followers, the Nazis, changed the lives of everyone when they attempted to strengthen Germany and brought out all the evil and ugli ness in the world. After WWII, nothing would be able to change theRead MoreWilliam Golding s Lord Of The Flies886 Words   |  4 Pageshow to live their lives not knowing what s right or wrong. Everyone has a different opinion towards different things. Some say gun laws should be banned while some say they want a gun in their house. In Lord of the Flies by William Golding there are clear aspects of leadership shown within the characterization between Jack and Ralph. I m chief, said Ralph, because you chose me. And we were going to keep the fire going. Now you run after food- (Golding 150). There is evident conflict between theRead MoreWilliam Golding s Lord Of The Flies1672 Words   |  7 Pages The Different Social Cognition of the Similar Stories — Synthesis essay of Lord of the Flies Final Project With the development of British culture, the format of Desert Island Literature has an inevitable connection with the geographical and culture heritage of the development of British history. Generally speaking, the setting of such literature is basically around an isolated island which is far from human society. The characters usually follow a primary lifestyle so that illustrate the courageRead MoreWilliam Golding s Lord Of The Flies1745 Words   |  7 Pages1954 novel, Lord of the Flies by Nobel Prize-winner William Golding is a dystopian allegory indicative of vast aspects of the human condition. Set in the midst of a nuclear war, the text details a group of marooned British school boys as they regress to a primitive state. Free from the rules and structures of civilisation and society, the boys split into factions - some attempting to maintain order and achieve common goals; others seeking anarchy and violence. The novel is based on Golding’s experienceRead MoreWilliam Golding s Lord Of The Flies1119 Words   |  5 PagesWhat is human nature? How does Will iam Golding use it in such a simple story of English boys to precisely illustrate how truly destructive humans can be? Golding was in World War Two, he saw how destructive humans can be first hand, and how ‘normal’ people can turn into savages. In the book Lord of the Flies by William Golding, Golding uses the theme of human nature to show how easily society can fall, and how self-destructive human nature is towards itself. Throughout the story there are recurring

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The Transformation Then and Now - 2186 Words

â€Å"So God created human beings in his own image. In the image of God he created them; male and female he created them† (New Living Translation, Gen. 1.27). William Blake, in his poem â€Å"The Divine Image†, uses multiple literary techniques, such as personification and repetition, to portray his idea that man and God share many of the same divine qualities. He later wrote the poem â€Å"A Divine Image†, which contrasts with the first by discussing the negative aspects of human beings. These negative characteristics are emphasized through the use of metaphors and, again, personification. Although the same rhyme scheme is used throughout both of the poems, the structure of each varies greatly adding to the opposing ideas set forth in the second poem.†¦show more content†¦This statement also makes a direct connection between God and peace that implies that God brings peace anywhere that he observes the other three characteristics taking place. In the th ird stanza of the poem, the word â€Å"human† is repeated once in each line. This recurrence of the word seems to give these virtues a life-like feel by claiming that each one is associated with some part of a human being. By pairing this repetition with the personification in this stanza Blake effectively brought life to the virtues of mercy, pity, peace, and love. He also repeatedly started lines of â€Å"The Divine Image† with the word â€Å"and†. This repetition has the effect of combining the four qualities into a virtuous whole that represents the human being he believes every man is capable of being. Blake used repetition throughout â€Å"The Divine Image† to portray his idea that mercy, pity, peace, and love are the building blocks that make up God and allow humans to live virtuously and peacefully with each other. William Blake resorts to an unusual rhyme scheme in â€Å"The Divine Image† where the first, third, and fifth stanzas have an ABCB pattern, while the second and fourth stanzas have an ABAB pattern. This pattern of rhyming gives this poem a more song-like feel, which is fitting due to the fact that it was published in Songs of Innocence (Gradesaver, Songs of Innocence and Experience Summary and Analysis). This atypical rhyme scheme isShow MoreRelatedThen And Now : Transformation Of Childhood889 Words   |  4 PagesThen and Now: The Transformation of Childhood Several people have said it: The children are the future. Ensuring that kids have a wholesome environment to grow up in is of utmost importance when our destiny is at stake. Unfortunately, childhood has drastically transformed from the time my parents were kids until now. 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Change is what makes one’s life different from usual; change is needed in everyone’s life in order to maintain the fluency of life. The character Gregor Samsa’s in the book â€Å"Metamorphosis† by Franz Kafka symbolizes change, in which he ge ts transformed into a large insect. Change literally means to make or do something in a different manner to getRead MoreMetamorphosis Essay1033 Words   |  5 Pagesview Gregor Samsa’s transformation as a metaphor while considering Grete Samsa, Gregor’s sister, transformation as literal. In addition, there are four family members that make up the Samsas. Gregor Samas, being the protagonist in the story, Grete Samas, Mr. Samsa who is their father, and Mrs. Samsa who is their mother. With that in mind, in my paper I will consider the perspectives of Gregor and Grete while considering the other two characters, and how they undergo transformations. Currently, in

The Art Of Storytelling How An Individual Can Recover...

The Art of Storytelling Storytelling is an art that can take many forms. Stories engage people on all different levels and the greatest pathway to tell a good story is the use of emotion. It can also serve as a medium to communicate unsaid emotions. Stories educate and also preserve history by passing it carefully on to the next generation. Each person has a different story. One story is a just as fascinating and unique as the other and at some point in life one gets to realize that no two stories are exactly alike. Telling stories also present a way of understanding one’s life with a deeper understanding and meaning. Stories matter and sometimes all a person wants is a listener or just a way to know they are being heard. Very often, one†¦show more content†¦With fewer members of the congregation recovery is taking a longer process in the church than supposed to. She not only lose her grandmother who was very dear to her, she is also afraid for her brother because lif e in jail can be very hard and she fears he might not survive it. Joe is her younger brother and she feels she is supposed to protect him but their relationship have changed over the years. In his letters she sees the disconnection they share as a family. As a society one is generally taught to avoid feeling or displaying of emotions. Joe’s letters shows the silence that exists within their relationship as siblings. Tretheway explains â€Å"if something isn’t spoken, it isn’t fully known and we can absolve ourselves of the responsibility that knowing entails† (Tretheway 102). In Froma Walsh’s article on â€Å"Traumatic loss and major disasters: strengthening family and community resilience†, Walsh explains how sharing details about a hurtful event can aid recovery and different families have different motivation to help victims recover. Walsh also explains that when loss of any kind is suffered one should not expec t the victim to have a firm decision on when to start or to stop grieving. She also explains that the main purpose of finally starting to grief is not to aim for closure but to simply get the strength to get up and move on with life. Grief is the body’s natural response to loss. It is a kind of suffering

Segmentation Marketing Performance Solutions MyAssignmenthelp.com

Question: Discuss about the Segmentation Marketing for Performance Solutions Group. Answer: Introduction The marketing research is an important component in determining the marketing objective, tactics and the strategies of a firm (Babin and Zikmund 2015). This kind of research helps in the formulation of vision and aims of the marketing plan and decides the path to be followed for achieving the marketing goals. It would also help the company or the brand to know the target audience and the new markets that would be lucrative for the business. Apple Inc. engages in extensive market research to know the exact requirements of the customers (Sama et al. 2014). It has a research group for this purpose named Apple Customer Pulse which helps the company in collecting, compiling and analyzing the data for quick data analysis. The company made different design as well as product modifications based on the market research such as larger screens, greater user interface and the better quality of the cameras. This has helped the company to fulfill its goal of making good products that would satisfy the customer needs. As discussed in theory, this example shows how the market research helps the company in shaping up of the goals and activities of the company. The company should engage in more interaction with the customers should engage in greater market research activities. There is a greater need of the alignment of the business goals with the findings of the market research, which would help the company to be able to formulate more customer friendly policies. The example failed to demonstrate the other tools used by the company to engage in market research activities. It also failed to address the direct contribution of the market research into the formulation of business plans. The modern brands are going through intense competition, which is evident in the competitive marketplaces. There is the existence of both direct as well as indirect competition in the market. My favorite product is cars and my favorite brand is Toyota Motors. The closest rivals of Toyota are General Motors, Honda, Volkswagen and Ford (Beard Ford and Spiwak 2015). The company should use the sustainable organizational resources including the human resources in order to create competitive advantage. This would also help the company to increase its financial resources. The article Toyota undertakes VW as biggest carmaker in the world on The Telegraph shows that the Toyota faces stiff competition from the German carmaker- Volkswagen (The Telegraph 2017). It shows that there are issues with the emissions cheating scandal of Volkswagen, which has given a competitive edge for Toyota. This is demonstrated by a global increase in the sales of Toyota. Toyota has incorporated increased safety features as well as improved acceleration to gain competitive advantage. The company has added value added features in their Land Cruiser, which is considered as the most expensive sports utility car. The sales of this car also improve the financial status of the company. This example shows that there is existence of the direct as well as indirect competition in the market and the organizations should respond in an effective manner so that they can top the market position. Toyota should incorporate more features in their products which would help them to handle the competitors in a better manner. The brand should engage in marketing research, which would help the company to determine the preferred attributes of the customers. The macro environment factors are helpful in the determination of external marketing environment of a company (Chen et al. 2014). This tool is helpful in the analysis and the assessment of the external environment of an organization. The various external factors such as political, economic, social, technological, environmental and legal are analyzed through the help of PESTEL analysis. Google Pixel XL is a new product that is launched in Australia (Mi 2017). It should take into account the different factors in the PESTEL analysis for its entry in the market. The political factors imply that the company should focus on the government policies, labor laws, trade restrictions and others. It should also consider the economic factors such as interest rates, economic growth, inflation and others (McCombie and Thirlwall 2016). Google should also consider the socio-cultural factors such as shared beliefs, values, attitudes and other attributes of the population. It should also consider the other demographic factors of the population. Google should take into account the different technological factors such as new tools of production, distribution and communication. It is also important to focus on the different environmental factors such as pollution targets, scarce nature of the raw materials and the carbon footprint targets. Google should take into account the different l egal factors in Australia underpinning the health/safety, advertising standards, equal opportunities, product labeling and others. There are also certain international trade regulations that should be followed by the company. The PESTEL analysis is important when venturing into the new markets. The company should engage in in-depth analysis of the market so that there are minimal possibilities of the market risks. It should also customize the product according to the needs as well as preferences of the local target market. SWOT analysis is considered as one of the most important internal analysis that is used by the firms. This is an important tool that is used by the companies to take marketing mix decisions and utilize the elements of the marketing plan. The SWOT analysis combines the information gathered from the environmental analysis and identifies the internal issues as well as external issues of the firm (Grant 2016). The internal issues are determined by the strengths or weakness and the external issues are analyzed with the help of opportunities as well as threats. The strengths of the company includes that it has highest brand equity, company valuation and has vast global presence. It has high rate of customer loyalty and it has wide distribution network which makes it products easily available to the general public. The weakness of the brand includes that it has stiff competition with Pepsi, low product diversification, absence of health related beverages and issues with the water management. The opportunities of the product include that it can engage in more product diversification and give more products to the customers. It should try to emerge more in the developing nations and should strive for supply chain improvement. The threats of the company include the raw material sourcing and the indirect competitors such as Caf Coffee Day, Starbucks and others. There might be issues with the rising water scarcity in the world since the primary raw material used in the manufacturing process is water. Coca Cola should use the SWOT process to design effective marketing mix. It should make quality products, present right price of the products, engage in extensive distribution channels and use extensive promotional skills. The segmentation, targeting and the positioning is an important as well as familiar step used in the marketing process (Brian 2015). The first step used in the process is segregating the market according to the market needs and the needs of the consumers. The subsequent steps in the STP analysis would be used to implement products in the specific segments and target the customers accordingly. The positioning strategies of the companies would help the company to occupy a distinct position in the minds of the target customers. The segmentation can be done based on the geographic, demographic, behavioral and the psychographic attributes. The next step involves the targeting of the best customers by analyzing the size as well as potential growth of individual customer group. The selected industry of study is hospitality industry. The current trends in the hospitality industry show that there is high number of mobile check-in, which implies that there would be high degree of technological adoptions (Lian and Yuan 2015). The technology is also used highly inside the rooms. There is an increasing intervention of the social media network in the hospitality industry. Recommendations These current trends can be explained with the help of STP analysis. The market should be segmented based on the abilities of the people such as technological adoption and if the customers who are more likely to use the technological innovation would be selected. It may also include the younger generation who are more active on the social media network. This segment would form the target market of the hospitality properties and the service or products would be positioned accordingly. The example has bridged the gap between the theory and the practice. The brand management is considered as the administration of all the major activities of the brand and managing the tangible as well as intangible characteristics of the brand (Rosenbaum-Elliott et al. 2015). The branding is considered as an important activity for capturing the niche market for the particular product as well as services. It is also concerned with conveying the brand message of the company so that it is helpful in the creation of customer loyalty. A successful example of new product success would be the Samsung Galaxy S8 in Australia. The article on Forbes shows that the phone has received record breaking success after its launch (Forbes.com 2017). This is due to innovation incorporate into the products and the commitment of the brand towards the customers. One example of a product failure is the low sales Apple iPhone 7 in UK. The article on iPhone 7: Apple sales are not as good as hoped, report claims shows that there is disappointing sales of the flagship smartphone (Moore 2017). There is not up to the mark sales of the company and hence the company has decided to cut the number of production. This shows that the brand is not successful in incorporating value added features in the product. The internal as well as external forces have impacted the product failure of Apple iPhone 7 in UK. The brand should have incorporated value added features in the product. References Babin, B.J. and Zikmund, W.G., 2015.Exploring marketing research. Cengage Learning. Beard, T.R., Ford, G.S. and Spiwak, L.J., 2015. The Price Effects of Intra-Brand Competition in the Automobile Industry: An Econometric Analysis. Brian, J., 2015. Segmentation Marketing: A Case Study on Performance Solutions Group, LLC. Chen, Y., Wang, Y., Nevo, S., Jin, J., Wang, L. and Chow, W.S., 2014. IT capability and organizational performance: the roles of business process agility and environmental factors.European Journal of Information Systems,23(3), pp.326-342. Corea, G., 2016. Global value chain: the Coca-Cola system. Forbes.com. (2017).Forbes Welcome. [online] Available at: https://www.forbes.com [Accessed 5 May 2017]. Grant, R.M., 2016.Contemporary strategy analysis: Text and cases edition. John Wiley Sons. Hansen, J.T., 2016. Constructing a Product Brand Identity: The Case of Coca-Cola. Lian, D. and Yuan, N.J., 2015. Mobile Check-In Recommendation. McCombie, J. and Thirlwall, A.P., 2016.Economic growth and the balance-of-payments constraint. Springer. Mi, X., 2017. Google to launch Pixel, Pixel XL on 4th October?.Screen. Moore, M. 2017.iPhone 7: Apple sales are NOT as good as hoped, report claims. [online] Express.co.uk. Available at: https://www.express.co.uk/life-style/science-technology/749318/iphone-7-sales-disappoint-apple-sale-figures-report-samsung-galaxy-note-7 [Accessed 5 May 2017]. Rosenbaum-Elliott, R., Elliott, R.H., Percy, L. and Pervan, S., 2015.Strategic brand management. Oxford University Press, USA. Sama, P.R., Eapen, Z.J., Weinfurt, K.P., Shah, B.R. and Schulman, K.A., 2014. An evaluation of mobile health application tools.JMIR mHealth and uHealth,2(2), p.e19. Thetelegraph.2017. Toyota overtakes VW as biggest carmaker in the world. [online] Available at: https://www.telegraph.co.uk/finance/newsbysector/industry/11954499/Toyota-overtakes-VW-as-biggest-carmaker-in-the-world.html [Accessed 5 May 2017].

Holocaust Essay Introduction Example For Students

Holocaust Essay Introduction The delineation of human life is perceiving existence through resolute contrasts. The difference between day and night is defined by an absolute line of division. For the Jewish culture in the twentieth century, the dissimilarity between life and death is bisected by a definitive line the Holocaust. Accounts of life during the genocide of the Jewish culture emerged from within the considerable array of Holocaust survivors, among of which are Elie Wiesels Night and Simon Wiesenthals The Sunflower. Both accounts of the Holocaust diverge in the main concepts in each work; Wiesel and Wiesenthal focus on different aspects of their survivals. Aside from the themes, various aspects, including perception, structure, organization, and flow of arguments in each work, also contrast from one another. Although both Night and The Sunflower are recollections of the persistence of life during the Holocaust, Elie Wiesel and Simon Wiesenthal focus on different aspects of their existence during the at rocity in their corresponding works. Elie Wiesel, winner of the 1986 Nobel Peace Prize, wrote Night with the notion for society to advance its understanding of the Holocaust. The underlying theme of Night is faith. Elie Wiesel, for the majority of this work, concerns the faith and survival of his father, Chlomo Wiesel. The concept of survival intertwines with faith, as survival is brought upon Elies faith in his father. Both Elie and Chlomo are affected in the same manner as their Jewish society. The self-proclaimed superman race of the German Nazis suppress and ultimately decimate the Jewish society of its time. Elie and Chlomo, alongside their Jewish community, were regarded as subhumans in a world supposedly fit for the Nazi conception. The oppression of Elie and Chlomo begins in 1944, when the Germans constrain the Jews of Sighet into two ghettos. During the time of Nazi supremacy, Elie and Chlomo are forced to travel to various concentration camps, including Birkenau, Auschwitz, and Buchenwald. The determining conc ern of survival confronts both Elie and Chlomo throughout Night. The concept of survival is illustrated by the complications brought upon Elie and Chlomo. Elie and Chlomo believe they could only survive the concentration camps with one another; the father-and-son link was held together for the survival of each other. One complication in particular, was the instance when the SS officers separate Chlomo from Elie during a selection at Gleiwitz, as it was the weak, to the left; those who could walk well, to the right. My father was sent to the left (Wiesel 91). Elie, fearing separation from his father, tries to overcome this problem by running after him. However, with several SS officers running toward Elie in order to constrain him, many people from the left were able to come back to the right and among them, my father and myself (Wiesel 91). Elies act of improvisation allowed him to remain alongside his father. The raw act of survival itself confronted both Elie and Chlomo several times in Night. At one point during the march to Gleiwitz, the mass was allowed to rest. However, if the victims were not ready to form their ranks, the SS officers would shoot the resting bodies to death. To overcome this complication for survival, Chlomo decides that Elie should sleep, while Chlomo would awaken him when ranks were to be formed. Elie refused, while his father was gently dozing. He could not see his eyes (Wiesel 85). Elie, attentive during this time, was able to awaken his father in order to form ranks. The tactic to watch his father sleep allowed both victims to form ranks upon the SS officers commands; thus, Elie and Chlomo overcame their difficulty of sleep and death. The concept of survival advances Elie Wiesels theme of Night faith. The process of surviving alongside his father allows Elie to bury faith in his very fathers existence. The most significant event in Night is when Elie injects faith into his father, even though he renounces his faith in God. During his first night at Birkenau, Elie states, Never shall I forget the little faces of the children, whose bodies I saw turned into wreaths of smoke beneath a silent blue sky. Never shall I forgot those moments which murdered my God (32). However, while resting during the march to Gleiwitz, Elie remembers Rabbi Eliahou and his son. During the run towards Gleiwitz, the son advances quicker in order to rid himself of his father, who was considered to be a burden. After contemplation on this subject, Elie says to himself, My God, Lord of the Universe, give me strength never to do what Rabbi Eliahous son has done (87). Elies statement is extremely crucial to the theme of faith in that Elie dive rts to reclaim a sense of faith in order to survive alongside his very father. Elie Wiesel centers Night around faith, with the notion reaching a climax at this very statement. Elie talks of his faith in God to Moshe the Beadle before the evacuation into the ghettos. Elies faith is then renounced when he sees firsthand the atrocities of the Nazi party. With Elie literally forcing himself to remain alongside his father in the name of survival, Elie redresses his faith by accounting his existence with that of his fathers; this event in itself is the pivot in which other thoughts and notions in Night arise. The theme of faith is epitomized in this very event where Elie reclaims his faith to exist with his father, for his father. Although the aspect of faith is touched upon in The Sunflower, the author Simon Wiesenthal projects the theme of his work towards that of forgiveness. The Sunflower is presented as a work centered around the author, Simon Wiesenthal, and Karl, the dying SS man who asks for Simons forgiveness. For merely being a Jew, Simon is placed in a concentration camp located in Poland. Like Elie Wiesel, Simon is also looked upon as a subhuman outside the Jewish community. As Simon marches to and from the Technical High School, the public Poles have a look of remorse and ill pity for Simon and the Jews alike. Karl, the dying SS man, enrolled in the Hitler Youth at age sixteen. During Karls adolescent years, the Hitler Youth was the popular movement for which one would gain national merit; as a result, Karl enlisted in the program. When the war broke out and the Nazi party needed officers, Karl volunteered into the SS program. It was of considerable value of Nazi Germany for men, such as Karl, to aid the movement. The Nazi society in which Karl was constrained to, ultimately turned him into a murderer; he was forced to completely annihilate a mass of Jews within a confined building in Dnyepropetrovsk. Reconstruction EssayOther differences arise between Elie Wiesels Night and Simon Wiesenthals The Sunflower from the aspects of structure, organization, and flow of arguments. The key difference between Night and The Sunflower, structurally, is that The Sunflower is comprised of two dividing segments; Book One is the actual account of Holocaust survival, while Book Two is a collection of opinions concerning the rightfulness of Simon Wiesenthal not forgiving Karl. Both sections within The Sunflower are fixated upon the notion of forgiveness; however, Book Two is the opinions expressed by several dignified persons, including Edward H. Flannery, Martin E. Marty, and Cynthia Ozick. Elie Wiesels Night is comprised of strictly a recollection of his life during the various concentration camps of the Holocaust. The organization in both Night and The Sunflower is similar; however, a subtle difference does indeed persist. This difference in organization affects the two works flow of arguments ; thus the flow of arguments in each work also differs. Both Elie Wiesel and Simon Wiesenthal organize their respective works according to the chronology of events their had to endure during the Holocaust. The difference arises in the fact that Simon Wiesenthal incorporates several uses of flashbacks in his organization of The Sunflower. A flashback emanates when the author stops the immediate action in order to retell an event which occurred at a point in time before the current state. Although Elie Wiesel incorporates a few flashbacks during his memory of surviving the atrocity, Simon Wiesenthal utilizes the flashbacks to an extent where each flashback further contributes to the motif-like state of the sunflower. For the majority of his flashbacks, Simon speaks of the sunflowers, which are planted above the graves of dead German soldiers. As he states, Suddenly I envied the dead soldiers. Each had a sunflower to connect him with the living world, and butterflies to visit his grave . For me, there will be no sunflower. I would be buried in a mass-grave, where corpses would be piled on top of me (Wiesenthal 20). Each time Simon recalls the notion of a sunflower during a flashback, he covets the dead German soldiers because it seems they will have peace after their groundless acts of murder. Simons consistent use of flashbacks allows his flow of arguments to have a faint, lost sense of progression. Simons flow of arguments is a bit coarse because of the constant flashbacks. It seems Simon jumps from his current points back to the significance of the sunflower throughout his work. As a result, The Sunflowers flow of arguments differ from that of Nights because they tend to be erratic. Elie Wiesels Night differs from The Sunflower in the aspects of organization and flow of arguments because Night is straight to the point; Elie Wiesels work, although incorporating a few flashbacks, is more straightforward in organization than The Sunflower because it does not backtrack as often as the work of Simon Wiesenthal. With the lack of extensive flashbacks, Elie Wiesel organizes Night in an unequivocal manner. This characteristic is apparent from Nights flow of arguments, as the flow of arguments is directly affected by the works organization. In Night, the flow of arguments advances from one point to the next; current points in the work are not extensively interrupted by certain events of the past. Night differs from The Sunflower in that Elie Wiesels work is comprised of straightforward organization and thus, a smooth and consistent flow of arguments. In Night, the descriptions of the atrocities committed are portrayed in such a raw, yet emotional, manner. A pertinent sect ion in Night stands out, as it is especially well-written. This section concerns Elie describing his first witness of abominations in the Holocaust. As Elie Wiesel describes, Flames were leaping from a ditch, gigantic flames. They were burning something. A lorry drew up at the pit and delivered its load little children. Babies! Yes, I saw it saw it with my own eyes (30). This group of quotations is the most dominant and moving section in Night because of its simplistic description. Elie Wiesel does not utilize any form of literary devices within these quotations; this raw account of genocide is a testament to the purpose of Night. Elie Wiesel writes the epitome of true recollection in its most primitive form; that fact in itself proves this section of Night is the epitome of genuine, artistic excellence. The apex of The Sunflower, where Simon Wiesenthal does not forgive Karl, is also described in the same manner expressed by Elie Wiesel. Consequently, the description of the apex is particularly well-written. As Simon describes, I stood up and looked in his direction, at his folded hands. Between them there seemed to rest a sunflower. At last I made up my mind and without a word I left the room (58). Simon writes these quotations in its rawest form. This simple form parallels his physical, passive-like response of quietly leaving the room without relying a single word. However, this simple form greatly contrasts the meaning behind the action; Simon does not forgive Karl for murdering innocent victims by merely walking out of the room in silence. This ample contrast is a result of Simons graceful use of description; as a result, this account of The Sunflowers apex is the distinguished section in that it is principally well-written. Both Night and The Sunflower are works which must be spread to society as a whole. Night and The Sunflower must be read and comprehended because they provide lessons for the current society to utilize. Night and The Sunflower provide for society, a moving, descriptive, first-hand account of the inhumanity and atrocities committed during the Holocaust. The guiltlessness of the Jews allowed the German Nazis to decimate any trace of the culture. A better understanding of the causes, events, and results of the Holocaust allows society as a whole to discourage such genocides. Comprehending these two works will allow the current society to prevent such atrocities. Another Holocaust must never emanate again; spreading the works of Elie Wiesels Night and Simon Wiesenthals The Sunflower will aid in the cause.