Wednesday, October 30, 2019

Its a Flat World, After All by Thomas Friedman Essay

Its a Flat World, After All by Thomas Friedman - Essay Example Friedman discusses the different flatteners of the world which have created a level playing field for all countries. These flatteners include the collapse of the Berlin Wall, Netscape, Workflow software, uploading, outsourcing, offshoring, supply chaining, insourcing, informing, and steroids. In reviewing these flatteners, it is important to understand the context upon which the word flattened or flat is used. Friedman uses the term flat in terms of the level of competence which all countries have in terms of access to information and technology, including economic growth and development. Such information is used in various activities including business, governance, education, and sports. Based on Friedman’s arguments, he concludes that the world is flat because the access to information, technology, and the potential for economic growth is no longer the exclusive province of the developed states (Bijker, 1995). Instead, the economic, political, and social landscape has levele d out and this process has started unfolding ever since the fall of the Berlin Wall, becoming even more apparent starting in the year 2000 onwards. Undeniably, the use of technology and the spread and the access of information have become very much apparent in the current setting. The information represents an â€Å"assemblage of data† (Headrick, 2000, p. ... The information and technology are no longer exclusive or delayed in transmission. For a long, while geographical barriers between countries implied that different nations had different rates of growth; however, geographical barriers have become less of an issue through internet capability (Suchman, 2007). In relation to internet access therefore, Friedman provides strong support for the world being flat and less hierarchical. Since information is no longer exclusive to specific individuals or countries, the possibility of creating technology and innovations from such information is no longer also an exclusive right and privilege of specific countries (Wolf, 2008). This indicates that there are also innovators which can gain access to the same information from any part of the globe and then transform such information to innovations. For a long while, the US and other western nations were the global leaders in technology and innovation (Beniger, 1986). From such technology and innovat ions, they were able to make major advancements in labor-saving technology which increased productivity and made the work hours more efficient. With â€Å"falling communication costs and the broader spectrum of activities that can be coordinated through current forms of computer-mediated interaction,† more economic links were soon established (Kallinikos, 2010, p. 93). From such technology and innovations, the rest of the world looked to the west for dole-outs of these technologies. The adaptation of these technologies was carried out in order for the countries to keep up with western technologies.  

Monday, October 28, 2019

Challenges Faced by Honda

Challenges Faced by Honda 1 Introduction Honda is the most successful company existing in the market now days with the latest technology in the automobile industry with luxury cars to sports to family car they have a vast range of cars and motorbikes. Honda, (2010) In October 1946, Soichiro Honda established the Honda Technical Research Institute in Hamamatsu, Japan, to develop and produce small 2-cycle motorbike engines. Two years later, Honda Motor Company, Ltd. was born, and in 1959 Honda opened its first storefront in Los Angeles with six industrious employees. Honda opened there first U.S. plant in 1979 and have evolved into a company that directly employing more than 25,000 Americans. More than 100,000 workers are employed at authorized Honda automobile, motorcycle and power-equipment dealerships in the United States. Tens of thousands of additional Americans are employed by more than nearly 600 U.S. suppliers from which Honda purchases parts and materials. Honda, (2010) In the recent years the automobile crisis of 2008-2010 was the part of financial downturn, which affected automobile makers and suppliers around the world. The industry was weakened by the substantial increase in the prices of fuel linked to energy crisis of 2003-08 which discouraged purchases of automobiles with low fuel economy. In the year 2008 there were fewer fuel efficient models to offer to the consumers, the bigger automobiles including General Motors, Toyota, Ford, Chrysler, Nissan and Honda Motors experienced sliding sales. Honda, (2010) Honda Motors in 2008 announced it would be down sizing due to 2008 economic crisis and predicted that there may be reductions in staff at all levels of the management effective January 2009 2 Strategic Analyses, (2010). The process of strategic analysis the process of conducting research on the business environment within which an organization operates and on the organization itself, in order to formulate strategy. A number of tools are used in the process of strategic analysis, including PEST, SWOT analysis, and Michael Porters five forces model. Pest Analysis, (2010) Pest analysis is for Political, Economic, Social, and Technological analysis and helps to set a framework of macro-environmental factors used in the environmental scanning component of strategic management. Williams and Curtis (2007) that political factors include government regulations and legal issues and define both formal and informal rules under which the firm must operate. Specifically, political factors areas such as tax policy, labor law, advertising law, environmental law, trade restrictions, tariffs, and political stability Government plays an important role in the economy as well as in taxes to be charged to the company. These factors also play an important role in the employment law, competition regulations as the company can not make specific prices as they have to follow the competition regulations. Economic factors have economic growth, interest rates, exchange rates and the inflation rate. Pest Analysis, (2010) the factors have major impacts on how business works and decision making, example, interest rates affect a firms cost of capital and therefore it affects the business and how will grow and expand. Exchange rates affect the costs of exporting goods and the supply and price of imported goods. Economic factors affect the purchasing power of potential customers as the power to buy the product. Social factors include the demographic and cultural aspects of the external microenvironment. Pest Analysis, (2010) social factors affect customer needs and the size of market as well on the demand for a companys products and how that company will perform. Companies change various management strategies to adapt to these social trends (such as recruiting older workers). Social factors affect the needs and wants of the customer and the way they buy a particular product, as the demand may decline with the new product which offered to the wrong age sector. Pest Analysis, (2010) Technological factors can reduce the barriers to enter and reduce minimum efficient production levels, and play a big role outsourcing decisions. They can help to determine barriers to entry, minimum efficient production level and influence outsourcing decisions. Technological factors help to technological shifts that can affect costs, quality, and lead to innovation. SWOT analysis, (2010) SWOT analysis is a strategic planning method used to evaluate the Strengths, Weaknesses, Opportunities, and Threats involved in a project or in a business. SWOT analysis is a business tool by which, a firm will be able to implement a strategic analysis, analyzes and recognizes its corporate Strengths and Weaknesses as well as the existed or forthcoming Opportunities and Threats from its external environment. Completing a SWOT analysis will help in identifying and the ways to minimize the affect of weaknesses in your business while maximizing your strengths only when these four critical information elements are well elaborated and known. SWOT analysis compiles of, SWOT analysis, (2010) Strengths: attributes of the person or company that is helpful to achieving the objective Weaknesses: attributes of the person or company that is harmful to achieving the objective Opportunities: external conditions that is helpful to achieving the objective Threats: external conditions which could do damage to the objective Honda Motors is one of the most successful automobiles company in the world and with the help of PEST analysis and SWOT analysis they have come so far as they are able to understand what are the political factors, economic, social and technological factors they have to understand when they are producing the automobiles as well have to understand the needs and wants of the customer as well as the economy of the place as the government plays an important role. They have to understand the technology they have to provide in there automobiles because the latest technology will be able to attract the people better and they would be able to reach the market better and the relevance of SWOT analysis in running the business is very important as Honda has to understand what are there strengths, weakness, opportunity, threats in order to be successful in the market as they need PEST and SWOT analysis together to be able to survive in the market for long run these two analysis helps Honda to be a better company and be able to understand its customers and their needs. 2.1 Honda: Reconciling dichotomies (Product related core competencies versus process related core capabilities. Constructing dichotomies is the best avenue for new ideas in the field of automobiles industry. Productivity, (2010) Product related core competencies are measurement of the effective use of the resources, expressed as the ratio of output and input. Productivity as the ratio  of output and input. Productivity us very important to business because they can gain market share and make great profits. For example, when productivity increases, product costs decline and product price can be reduced. Productivity relates to competitiveness in the way that if two firms have the same level of output but one requires less input because of higher productivity, that one will be able to charge a lower price and consequently increase its shares of the market. Process related core capabilities typically describing the act of taking something through an establishment and usually set of procedures to convert it from one form to another, as a manufacturing or administrative procedure. The process core capabilities at Honda is playing an important role as it is helping in having new and developing innovative ideas for the company and playing an important role in product related core competencies. Process Capabilities, (2010) The concept of process capability has been used by the manufacturing industry to quantify the relation between product specifications and the measured process performance. Various ratios and indices have been developed to describe this relation. 2.2 International trade is exchange of capital, goods, and services across international borders or territories. International Trade, (2010) international trade area has flourished over the years due to the many benefits, as it has offered services to many countries across the world. International trade is the exchange of goods and services for an amount of capital. It is also one of important sources of money making for developing country, with the help of modern manufacturing techniques, advanced transportation, transnational corporations, outsourcing of manufacturing and services, and rapid industrialization, the international trade system is spreading and growing fast. International trade, (2010) Great variety of goods available for consumption and international trade brings in different kinds of goods from different destinations. This gives consumers a variety of choice to choose from and which will not only improve their quality but also the whole country. Better allocation and better utilization of resources, since countries tend to produce goods and items which they are good at and have a comparative advantage towards its competitors. Efficient production will help countries and they will be able to adopt better methods of producing goods and this will keep the cost down in order to remain competitive. Countries that can produce a product at the lower price will be able to capture a larger market share in the market. Therefore an incentive to produce efficiently arises. This will help standards of the product to increase and consumers will have a good quality product to consume. Automobile industry, (2010) Restricting trade in the context of global automobile industry, the global automotive industry, rapidly changing with global mergers and relocating its production centers towards emerging and developing economies. The industry is subject to imperfect competition which has resulted in too much of capacity, too many competitors and too much redundancy and overlap. The industry is worried about the demands and wants of consumers about product styling, safety, comfort and manufacturing efficiency. The industry have to really work hard to meet the demands of the consumers and what are the new wants as what types of cars they want in the automobile industry. Specialization in automobile (Honda) sector is increasingly becoming segment specific as each of these countries is finding its niche. China is specializing in components, India in two wheelers and small vehicles, Thailand in pick-up trucks and passenger cars and Indonesia in utility vehicles. As Honda is understating its market in these areas and other areas of the world as they are providing according to their customers wants as they have restriction in providing different kinds of automobiles which is not required in the particular country. Automobile industry is a symbol of technical marvel by human kind. Being one of the fastest growing sectors in the world with its dynamic growth phases are explained by nature of competition, product life cycle and consumer demand. 3 Whittingtons Evolutional and Systemic schools of thoughts. Applying the two schools of thought in developing strategy to Honda motors. Evolutionary process in which the Evolutional is way in which the evolutionary perspective: sell or die. Strategy, (2010) Marketing communications decisions are for short-term survival In the long-term we might be dead! Intense focus on short-run sales, not long-term brand-building Whittingtons four schools of thought The development strategy of Honda Motors have used the Whittington evolutional and Systemic school of thought in there process and the way to understand the market better and its competition. Not only maximizing the profit but also professional pride and culture as described under in the figure Evolutionary and Systemic schools of thought Whittington Evolution Systemic Opportunities to make decision and competition Unexpected swings in future Competition does not imply efficiency: markets can be manipulated; society has other criteria s for corporations than just profit maximization Finding possible causes of action and objective Trial and error forced choices Local approved Selecting course of action and developing strategy Improving operations management Strategic objectives depends on the specific social system in which the strategy is created Strategy Strategy = day to day management for surviving and competitive nature Other than profit maximizing is professional pride, influence, religion and culture The two schools of thought which are being used by Honda Motors in order to develop their strategies are Evolutional and Systemic and Honda are using these tools in a proper manner likewise in Evolutional school of thought used by Honda in Marketing communications decisions are for short-term survival Communication decisions are for short term in the evolution process Intense focus on short-run sales, not long-term brand-building. They have to consider intense focus on the market The school of thought who is better is Systemic school of thought because of lots of reason Systemic school of thought have Systemic School of thought used by Honda Consumer attitudes and behavior are confined to social systems with given norms, values, roles, culture, and ethics. Honda understands all these behavior and attitude of the customer in order to develop a better strategy in future. Limitations to what marketing communications can do in terms of market share the consumer culture rules, Honda have to have a good knowledge about the marketing communication and know its limits Other rational reasons for marketing communications than pure profit maximization, such as religion, culture and professional pride. This school of thought is better and more suited towards Honda as it keeps an eye on the consumer demand needs and wants as well understand its customer behavior. They have good knowledge of the marketing process. Honda believes in professional pride, culture and religion understanding of the people and how people react to these norms as Honda is the leading Automobile industry as it suites towards the Systemic school of thought in order towards the strategic development. Proper explanation of Systemic in figure below 4 Processual schools of thought is about understanding the brand and influencing the brand with some risk taking in decision making and Processual approach helps firm to maintain its goal of a simple strategy based on four loop. The loops can affect but should not change the strategic management of the firm and it is about Consumer attitudes and behaviors can be influenced Continuous improvement of brand, Creative ways of reaching customer Advertising management Certain degree of risk-taking in decision-making allows for innovative and The Processual School of Thought is about making the Honda adopt the strategy and develop a brand by understanding its customers and their need and wants. At the same time understand its values. The implications of strategic management on the four loops. The rational loop helps in making sure that strategic management would be based on rational thoughts and ideas. Processual school of thought helps in focusing on the use of rational decision making when making decisions and controlling the use of strategies. It helps and makes sure that all the implications of any decisions or strategies would be carefully analyzed under Processual School of Thought. Therefore Processual School of Thought is making the strategic management of the rational loop more though full and full of new ideas. The overt politics loop with the help of Processual School of Thought helps to create a more open influence on strategic management. Politics are used by some to add their ideas to strategic management without being discreet about it. Overt politics focuses on the use of influence and connections to assert strategic ideas with the help of Processual School of Thought and that is best thing for the company The Culture and cognition loop plays an important role when evaluated by the Processual School of Thought as it makes use of culture and tradition to influence strategic management decision and to make the strategies based on the culture of the place and country. Honda Motors uses culture and cognition as important factor in strategic development. The culture and cognition loop makes use of ideas to change strategic management decision so that the firm will act according to the needs and wants of the environment. In this loop Processual School of Thought would serve an important part in making decisions that will affect the firm and Processual approach helps the firm maintain its goal of a simple strategy based on the four loops. The covert politics loop with the help of Processual approach helps to create a more secretive means to influence strategic management; this involves a member of the Honda Motors secretively influencing strategic management decisions in his favor. Covert politics loop is a more secretive way to influence decisions and strategies and this usually creates decisions that may be beneficial to the company. 5 Conclusions Honda Motors is one of the leading automobiles industries and in couple of years they have been facing problems as the industry was weakened by the rapid increase in the fuel prices as well as to energy crisis of 2003-08, which made people to buy less of automobiles with low fuel economy. In the year 2008 there were some models released by Honda with fuel efficient models to offer to the consumers, the bigger automobiles including General Motors, Toyota, Ford, Chrysler, Nissan and Honda Motors experienced sliding sales. Honda has used PEST and SWOT analysis to work harder to achieve the goal to make their sales go high, and have worked on the weakness in the market as well. Honda has studied there PEST analysis and the factors that are affecting their company. Honda being the leading automobile industry has to know its strengths and weakness, when dealing with their customer. They need to know their needs wants and demands. Whittingtons Evolutional and Systemic schools of thoughts are being applied by Honda Motors to the better development of their strategy and which helps them to know where they are standing in the market and with the help of the four loops Honda can know its company better way as they will be able to understand its culture, religion and this will help to make better strategic decisions for the company.

Friday, October 25, 2019

The Giver :: essays research papers

He was a peaceful looking man, with a large round belly and rosy red cheeks. Jonas couldn’t help but smile as he stared at the gentle looking figure. The man looked down at the freezing pair. He noticed Jonas’ trembling blue lips and the tiny shaking bundle of blanket that was Gabriel. The man immediately invited Jonas into his home and screamed for his wife to grab blankets and hot chocolate. Jonas sat shyly bundled in blankets as all of the strangers around him whispered to each other about him and Gabe. After a few awkward minutes the man who answered the door appeared with a steaming cup of â€Å"hot chocolate†. The man placed the mug in Jonas’s hands and told him to drink it, and that it would warm him up. Jonas peered over the edge of the goblet at the steaming hot brown liquid. Jonas had never heard of hot chocolate nor tasted it, but was delighted to have something to drink after his lengthy journey. He put the cup up to his mouth and took an enormous gulp. The children in the room giggled as he ferociously clawed at his tongue to try to get rid of the burning feeling. A woman in the room stood and walked over to Jonas and blew gently across the top of the cup. Jonas took another sip, but was more careful to take small amounts this time. He felt the drink flowing through his veins muscles. Jonas let the hot chocolate cool a little and then gave s ome to Gabriel also. Gabriel was now asleep in Jonas’ arms. The owners of the house left Jonas and Gabe alone to warm up, but now Jonas was warm, and curious. He found the adults in the kitchen because the children had been put to bed hours ago. After a complete interrogation by Jonas to the adults, he learned the man who opened the door was named Paul. His wife, the woman who blew on Jonas’ hot chocolate, was named Isabel. The other people who were in the home earlier were simply friends and relatives of Paul and Isabel. Jonas also learned of the name of the town he was now in, it was called Columbus, after an ancient explorer who existed over two-thousand years ago. After Jonas was done asking questions he started telling his story, of how he got there, why he had Gabriel with him, who The

Thursday, October 24, 2019

Election Laws Cases Essay

1. Cayetano v. Monsod, 201 SCRA 210 FACTS: Monsod was nominated by President Aquino as Chairman of the Comelec. The Commission on Appointments confirmed the appointment despite Cayetano’s objection, based on Monsod’s alleged lack of the required qualification of 10 year law practice. Cayetano filed this certiorari and prohibition. ISSUE: Whether or not Monsod has been engaged in the practice of law for 10 years RULING: YES. The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the trained legal mind of the legal effect of facts and conditions (PLA vs. Agrava.) The records of the 1986 constitutional commission show that the interpretation of the term practice of law was liberal as to consider lawyers employed in the Commission of Audit as engaged in the practice of law provided that they use their legal knowledge or talent in their respective work. The court also cited an article in the January 11, 1989 issue of the Business Star, that lawyers nowadays have their own specialized fields such as tax lawyers, prosecutors, etc., that because of the demands of their specialization, lawyers engage in other works or functions to meet them. These days, for example, most corporation lawyers are involved in management policy formulation. Therefore, Monsod, who passed the bar in 1960, worked with the World Bank Group from 1963-1970, then worked for an investment bank till 1986, became member of the CONCOM in 1986, and also became a member of the Davide Commission in 1990, can be considered to have been engaged in the practice of law as lawyer-economis t, lawyer-manager, lawyer-entrepreneur, etc. 2. 18 December 1990 G.R. No. 93867 FACTS: The petitioner is challenging the designation by the President of Associate Commissioner Yorac as Acting Chairman of the COMELEC, in place of Chariman Davide. The petitioner argues that the choice of the Acting Chairman is an internal matter to the COMELEC. It is also averred that the designation done by the President of the Philippines violates the independence of the COMELEC. ISSUE: Whether the designation done by the President of the Philippines violates Article IX-A, Section 1 of the Constitution. RULING: Article IX-A, Section 1 of the Constitution expressly describes all the Constitutional Commissions as â€Å"independent.† Although essentially executive in nature, they are not under the control of the President of the Philippines in the discharge of their respective functions. Its decisions, orders and rulings are subject only to review on certiorari by the Court as provided by the Constitution in Article IX-A, Section 7. The choice of temporary chairman in the absence of the regular chairman comes under that discretion. That discretion cannot be exercised for it, even with its consent, by the President. The designation by the President of respondent Yorac as Acting Chairman of the COMELEC is declared unconstitutiona 2. Sixto Brillantes, Jr. vs. Haydee B. Yorac[G.R. No. 93867. December 18, 1990.] FACTS: Respondent, as Associate COMELEC Chairman, was appointed by the President as Chairmanthereof, replacing former Chairman Hilario Davide; the former chairman was appointed to thefact-finding commission regarding the December 1989 Coup d etat. Petitioner moved for herremoval, stating that her appointment was contrary to Article IX-C, Section 1(2) of the 1987Constitution, where â€Å"(I)n no case shall any Member (of the Commission on Elections) beappointed or designated in a temporary or acting  capacity.†Issue: Is respondents appointment as Chairman in the case at bar unconstitutional.Ruling: Yes. Article IX-A Section 1 of the Constitution expressly provides for the independence of theConstitutional Commissions from the executive department; this means that they are governedby the Constitution itself and cannot be under the control of the Pres. 3. UNIDO VS. COMELEC In 1981, the BP proposed amendments to the 1973 Constitution. The amendments were to be placed to a plebiscite for the people’s approval. The YES vote was being advanced by KBL – Marcos’ Party. While the NO vote was being advanced by UNIDO. To ensure parity and equality, COMELEC issued Resolutions 1467-1469 w/c basically provided that there be equal opportunity, equal time and equal space on media use for campaigns for both sides. On 12 Mar 1981, Marcos campaigned for the YES vote via TV and radio from 9:30pm to 11:30pm. The same was broadcasted live by 26 TV stations and 248 radio stations nationwide. UNIDO petitioned before the COMELEC that they be granted the same opportunity as Marcos has pursuant to Res’ns 1467-69. COMELEC denied the demand. UNIDO assailed the denial as a denial of equal protection before the laws. ISSUE: Whether or not UNIDO was denied equal protection by virtue of COMELEC’s denial of their request. HELD: The SC ruled that UNIDO was not denied due process nor were they not afforded equal protection. It is the considered view of the SC that when Marcos conducted his ‘pulong-pulong’ or consultation with the people on March 12, 1981, he did so in his capacity as President/Prime Minister of the Philippines and not as the head of any political party. Under the Constitution, the ‘Prime Minister and the Cabinet shall be responsible . . . for the program of government and shall determine the guidelines of national policy’. In instances where the head of state is at the same time the president of the political party that is in power, it does not necessarily follow that he speaks with two voices when he dialogues with the governed. The president is accorded certain privileges that the opposition may not have. Further, the SC cannot compel TV stations and radio stations to give UNIDO free air time as they are not party to this case. UNIDO must sought contract with these TV stations and radio stations at their own expense. 4. SANIDAD vs. COMELEC 181 SCRA 529 Facts: On 23 October 1989, RA 6766 (Act providing for an organic act for the Cordillera Autonomous Region) was enacted into law. The plebiscite was scheduled 30 January 1990. The Comelec, by virtue of the power vested by the 1987 Constitution, the Omnibus Election Code (BP 881), RA 6766 and other pertinent election laws, promulgated Resolution 2167, to govern the conduct of the plebiscite on the said Organic Act for theCordillera Autonomous Region. Pablito V. Sanidad, a newspaper columnist of â€Å"Overview† for the â€Å"Baguio Midland Courier† assailed the constitutionality of Section 19 (Prohibition on columnists, commentators or announcers) of the said resolution, which provides â€Å"During the plebiscite campaign period, on the day before and on plebiscite day, no mass media columnist, commentator, announcer or personality shall use his column or radio or television time to campaign for or against the plebiscite issues.† Issue: Whether columnists are prohibited from expressing their opinions, or should be under Comelec regulation, during plebiscite periods. Held: Article IX-C of the 1987 Constitution that what was granted to the Comelec was the power to supervise and regulate the use and enjoyment of franchises, permits or other grants issued for the operation of transportation or other public utilities, media of communication or information to the end that equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates are ensured. Neither Article IX-C of the Constitution nor Section 11-b, 2nd paragraph of RA 6646 (â€Å"a columnist, commentator, announcer or personality, who is a candidate for any elective office is required to take a leave of absence from his work during the campaign period†) can be construed to mean that the Comelec has also been granted the right to supervise and regulate the exercise by media practitioners themselves of their right to expression during plebiscite periods. Media practitioners exercising their free SANIDAD vs. COMELEC 5. LAZATIN VS. COMELEC Lazatin filed the instant petition assailing the jurisdiction of the COMELEC to annul his proclamation after he had taken his oath of office, assumed office, and discharged the duties of Congressman of the 1st District of Pampanga. Lazatin claims that the House of Representatives Electoral Tribunal and not the COMELEC is the sole judge of all election contests. Buan, Jr., and Timbol (Lazatin’s opposition), alleged that the instant petition has become moot and academic because the assailed COMELEC Resolution had already become final and executory when the SC issued a TRO on October 6, 1987. In the COMMENT of the Sol-Gen, he alleges that the instant petition should be given due course because the proclamation was valid. The Telex Order issued by the COMELEC directing the canvassing board to proclaim the winner if warranted under Section 245 of the Omnibus Election Code,† was in effect a grant of authority by the COMELEC to the canvassing board, to proclaim the winner. A Separate Comment was filed by the COMELEC, alleging that the proclamation of Lazatin was illegal and void because the board simply corrected the returns contested by Lazatin without waiting for the final resolutions of the petitions of candidates Timbol, Buan, Jr., and Lazatin himself, against certain election returns. ISSUE: Whether or not the issue should be placed under the HRET’s jurisdiction. HELD: The SC in a Resolution dated November 17, 1987 resolved to give due course to the petition. The petition is impressed with merit because petitioner has been proclaimed winner of the Congressional elections in the first district of Pampanga, has taken his oath of office as such, and assumed his duties as Congressman. For this Court to take cognizance of the electoral protest against him would be to usurp the functions of the House Electoral Tribunal. The alleged invalidity of the proclamation(which had been previously ordered by the COMELEC itself) despite alleged irregularities in connection therewith, and despite the pendency of the protests of the rival candidates, is a matter that is also addressed, considering the premises, to the sound judgment of the Electoral Tribunal. 6. JAVIER VS. COMELEC [144 SCRA 194; G.R. NOS. L-68379-81; 22 SEPT 1986] Facts: The petitioner and the private respondent were candidates in Antique for the Batasang Pambansa in the May 1984 elections. The former appeared to enjoy more popular support but the latter had the advantage of being the nominee of the KBL with all its perquisites of power. On May 13, 1984, the eve of the elections, the bitter contest between the two came to a head when several followers of the petitioner were ambushed and killed, allegedly by the latter’s men. Seven suspects, including respondent Pacificador, are now facing trial for these murders. Owing to what he claimed were attempts to railroad the private respondent’s proclamation, the petitioner went to the Commission on Elections to question the canvass of the election returns. His complaints were dismissed and the private respondent was proclaimed winner by the Second Division of the said body. The petitioner thereupon came to this Court, arguing that the proclamation was void because made only by a division and not by the Commission on Elections en banc as required by the Constitution. Meanwhile, on the strength of his proclamation, the private respondent took his oath as a member of the Batasang Pambansa. Issue: Whether or Not the Second Division of the Commission on Elections authorized to promulgate its decision of July 23, 1984, proclaiming the private respondent the winner in the election. Held: This Court has repeatedly and consistently demanded â€Å"the cold neutrality of an impartial judge† as the indispensable imperative of due process. To bolster that requirement, we have held that the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. The litigants are entitled to no less than that. They should be sure that when their rights are violated they can go to a judge who shall give them justice. They must trust the judge, otherwise they will not go to him at all. They must believe in his sense of fairness, otherwise they will not seek his judgment. Without such confidence, there would be no point in invoking his action for the justice they expect. Due process is intended to insure that confidence by requiring compliance with what Justice Frankfurter calls the rudiments of fair play. Fair play cans for equal justice. There cannot be equal justice where a suitor approaches a court already committed to the other party and with a judgment  already made and waiting only to be formalized after the litigants shall have undergone the charade of a formal hearing. Judicial (and also extra-judicial) proceedings are not orchestrated plays in which the parties are supposed to make the motions and reach the denouement according to a prepared script. There is no writer to foreordain the ending. The judge will reach his conclusions only after all the evidence is in and all the arguments are filed, on the basis of the established facts and the pertinent law.

Wednesday, October 23, 2019

Discuss the development of Eddie Carbones character Essay

‘’A View From The Bridge’’ is a play written by Arthur Miller in the mid-1950’s. Set during the Great Depression in around 1940, the play sees main character Eddie Carbone lead a stable life with his wife and niece in a tightly-woven community in Brooklyn, New York. Due to his sincerity, he is respected by the local community and he has his destiny plotted out for him. However, as the tragic play unfolds, Eddie makes a series of mistakes which affect his relationship with others and ultimately result in a catastrophe. Eddie Carbone is a traditional Italian-American, who earns his living as a longshoreman. He leads an ordinary life with his wife (Beatrice) and his niece (Catherine). Beatrice loves Eddie, this is shown when Beatrice says ‘’You’re an angel! God’ll bless you.’’. The word ‘’angel’’ suggests that Beatrice loves Eddie as she is comparing him to an angel. Furthermore, this shows the audience that Beatrice is a traditional woman as she is praising (therefore supporting) her husband. In the era they lived in, men and women were expected to follow the traditional values of their communities. Men were authoritative in the house and usually the breadwinners whilst women were housewives; women were expected to support and obey their husbands. Another member of Eddie’s family includes his niece, Catherine; whom Eddie is protective over. This is shown when Eddie says to Catherine ‘’Listen, you been givin’ me the willies the way you walk down the street’’. The word ‘’willies’’ suggests that Eddie feels uncomfortable with the way Catherine walks down the street. He feels this way because he has a close relationship with Catherine who looks up to him as a father-like figure. An important aspect of Eddie’s character that is presented to the audience is his attitude towards snitching. He feels strongly against snitching, this is shown when he insults snitchers by calling them ‘’stool pigeons’’, using this word suggests that Eddie thinks lowly of people committing such acts. Furthermore, Eddie warns Catherine of snitches when he asks Beatrice to tell Catherine the story of Vinny Bolzano (a teenager who snitched on his uncle to the Immigration Bureau). When Rodolfo and Marco arrive; troubles start to brew up and Eddie’s behaviour changes significantly. Eddie becomes more aggravated, this is shown when in the stage directions it says ‘’He is sizing up Rodolfo’’. This shows that Eddie is trying to taunt Rodolfo by comparing their heights (height is a symbol of power). In addition, when Eddie says to Beatrice ‘’he sings’’ (referring to Rodolfo), Eddie is suggesting that it’s not normal for a man to sing, he is attempting to suggest Rodolfo is gay. Eddie is in a way trying to put him down because he is jealous of Rodolfo’s relationship with Catherine. Another example of his sudden metamorphosis is that he has become more obsessed with Catherine. For instance, when Catherine and Rodolfo return from the Brooklyn Paramount, Eddie says to Catherine ‘’I don’t see you no more’’. This quote suggests that Eddie is obsessed with Catherine because he claims that he doesn’t see Catherine. Beatrice’s relationship with Eddie also deteriorates. This is shown to the audience when Beatrice says ‘’Everything ain’t great with me†¦. When am I gonna be a wife again, Eddie?’’. This quote shows that the physical side of their marriage is falling apart because Beatrice is feeling ignored (due to Eddie’s obsession with Catherine). Initially, Eddie considers Marco to be a real man. This is shown when he says ‘’Marco goes around like a man; nobody kids Marco.’’. However, as the play gradually progresses; so does Eddie’s relationship with Marco. For example, in the scene with Marco and the chair, in the stage directions it says ‘’Marco is face to face with Eddie, a strained tension gripping his eyes and jaw†¦the chair raised like a weapon over Eddie’s head†¦Eddie’s grin vanishes as he absorbs his look’’. The word ‘’vanishes’’ suggests that the situation is threatening, as the tension is so large that Eddie’s grin vanishes. This event symbolises that the relationship between Marco and Eddie has broken, more importantly it symbolises the start of Eddie’s downfall. By the end of the play, Eddie has changed drastically; he has become a completely different man. He has become a snitch even though he despised snitching at the start of the play. His close relationship with Catherine has ended as Catherine does not look up to Eddie as a father-like figure anymore; in fact she loathes Eddie, this is proven when Catherine says ‘’He’s a rat! He belongs in the sewer!’’. Also, Eddie’s relationship with Marco has deteriorated to such an extent that Marco accuses him of murder and spits in Eddie’s face. We know this because Marco says ‘’He killed my children’’! When Marco spits in Eddie’s face the community become aware of Eddie snitching and they are disgusted. His friend Louis ignores Eddie, this is shown in the stage directions which says ‘’Louis barely turns’’. Therefore Eddie’s main concern now is to get his reputation back, this is proven when Eddie says ‘’I want my name’’. He wants his reputation back because he has been humiliated when Marco spat in his face. In the end, Eddie refuses to listen to Rodolfo’s pleas and demands an apology from Marco. When Marco refuses Eddie takes out a knife but he gets injured himself and dies in the arms of Beatrice. From a highly-respected member of the community, Eddie manages to relegate himself to a disgraced member. Even his most loyal friends ignore him; all because of one error. Eddie is a hero in a Greek Tragedy, he made an error of judgement and he has to suffer immensely for it. Ultimately, he loses the love and respect of his niece Catherine; which is what he was fighting for.