Young Goodman Brown Essay Example for Free

Young Goodman Brown Essay â€Å"Young Goodman Brown† is a short story written by Nathaniel Hawthorne about a young man who has to endure the experience of temptations of evil and dance with the devil. Goodman Brown is a young adult who has influences all around him swaying him towards evil that he felt were reliable role models. Hawthorne uses literary devices to display many different meanings in this story. In the story, the most common devices are imagery and symbolism. The imagery used is to help the reader understand the symbolism he is portraying. He uses these devices to develop a theme to the story and provide different aspects of good and evil. Many people now a days fall under the temptation of sin, even Christians. Having faith with God is commonly seen as a good relationship to have and gives you a positive outlook on life, but after losing that faith, your world darkens and not everything seems as bright as it did. Hawthorne’s use of symbolism and imagery helps to develop the theme of Christians losing faith through temptation and peer pressure as Goodman Brown does. Hawthorne uses symbolism throughout the whole story to imply influences of evil around Goodman Brown. The young man decides to take a journey one night because he feels compelled to. His wife Faith begged him not to go, but to stay there with her and hold off the journey until the morning. Hawthorne uses his wife’s name as Faith not by accident; she symbolizes his Faith in God and the innocence left in Goodman Brown. Faith has on her person pink ribbons; these ribbons represent the innocence in Faith because the color pink is known as innocence. Brown does not agree to his wife’s wishes and departs on his journey right around sunset. Brown must leave Faith behind while he goes on his adventure, by that Hawthorne means he not only leaves his wife behind, but also his spiritual faith. He travels through the forest which in itself is symbolism. He walks through the forest at night when it’s dark; Brown not having much visibility the further into the forest he goes is representing his confusion with life right now, not knowing where to go or what to do. Throughout the story, the forest grows darker and darker, representing God’s light fading away and Brown losing his faith. â€Å"The village is a place of light and order, while the forest is a place of darkness and unknown terrors. † (Xia-Chun) Brown then meets a man on his journey; this man is very influential in the story. The man is the devil carrying a staff that Hawthorne describes as serpent-like symbolizing the biblical reference of a serpent being an evil demon. In the Book of Genesis, the serpent is the main temptation Eve has to try the fruit of the forbidden tree. Similar to that, Goodman Brown accepts the devil’s offer of his staff, or serpent, in order to travel quicker. Brown fell under the temptation of the devil. The further into the forest Brown goes, the more he learns about his peers and elderly and the deals with the devil that they have made, thus causing Brown to lose faith. Once he is able to get back into the town of Salem, although he was able to resist the devil, he is still a changed man. Before his journey, he thought the world was a perfect place and no one was capable of hurting anyone or committing the act of sin. The relationship between Creator and creature, and between man and fellow man, is destroyed by sin†¦Ã¢â‚¬  (Fairbanks 25) After the journey, he realized that there is a lot of darkness and sin in the world and that more people than he realized were capable of unthinkable things and sinning in ways he never would have dreamt of. Hawthorne uses a good amount of symbolism in this story, most of it is obvious symbolism that he wants any reader to understand, not by analyzing deeply but just by having some common knowledge. Therefore, he uses imagery to really help the reader realize the symbolism he is implying. At the beginning of the story, Hawthorne notes that Brown is starting this journey right at sunset; the thought of sunset is considered light fading away and eventually becoming darkness. The use of this imagery provides the thought of symbolism that the young man is going into the unknown darkness and his light, which is a symbol also for his faith, is fading. Another good use of imagery is in the beginning of the story when Hawthorne writes â€Å"And Faith, as the wife was aptly named, thrust her own pretty head into the street, letting the wind play with the pink ribbons of her cap, while she called to Goodman Brown† (435). Hawthorne is using the wind to not only emphasize the pink ribbons Faith wears and help readers understand that those ribbons have meaning and is a symbol to her innocence, but also to explain the beauty of nature in Salem before his mind turns pessimistic and the town fades to darkness. Brown’s view of the town at the beginning before he was revealed all of the sin was a bright, pleasant town full of true-spirited people. The experience of this one night in the forest changes Goodman Brown for the rest of his life, for it poisons his relationship with his wife, isolates him from his neighbors, and destroys his ability to worship God. † (Easterly 55) After his trip with the devil, he was a changed man and saw the town with blackened eyes, only able to see the wrong in people and the capabilities of the devil. Hawthorne develops multiple themes during the story of Young Goodman Brown using the literary devices of symbolism and imagery. In telling the story of the journey Brown embarks on, Hawthorne brings the young man through the forest explaining to him that he is not the only one that has fell under the temptation of the devil and sin. For example, Goodman Brown looked up to his father and grandfather just as any young adult man would. When he was informed of the unimaginable thought of them making a deal with the devil: I have been as well acquainted with your family as with ever a one among the Puritans; and that’s not trifle to say. I helped your grandfather, the constable, when he lashed the Quaker woman so smartly through the streets of Salem. And it was I that brought your father a pitch-pine knot, kindled at my own hearth, to set fire to an Indian village, in King Philip’s war. (Hawthorne 436-437) The devil telling Brown about this was a surprise to Goodman because he always looked up to his father and grandfather and never imagined that either of them would be associated with the devil. The devil shows Goodman Brown the acquaintances, loved ones, public figures of the town who have all fallen into the devils trap and have sinned even when Brown looked up to them and thought none of them had evil in them. †¦young naive man who accepts both society in general and his fellowmen as individuals at their own valuation, is in one terrible night presented with the vision of human Evil, and is ever afterwards â€Å"A stern, a sad, a darkly meditative, a distrustful, if not desperate man†¦Ã¢â‚¬ Ã¢â‚¬  (Fogle 207) The unbelievable knowledge given to him led him into the devil’s trap and no longer saw the world as a pleasant place; he now only saw the evil in people. Just as anyone today would do, Brown fell under temptation and peer pressure and became a figure of sin. Hawthorne explains throughout the story about the temptations and peer pressure of evil that Brown faces. The thought of seeing childhood idols that were perfect in your mind involved in deals with the devil could lead you to feel differently about those people and question your own lessons learned from them. Seeing these people around you engaged in sin and falling into temptations brings a lot of peer pressure to you and leads you to rethink your lifestyle and make you vulnerable to doing things you wouldn’t normally. He explains that Christians lose faith easily and fall into sin through the story of young Goodman Brown using symbolism and imagery.

Case Study of Monopolistic Competition in India

Case Study of Monopolistic Competition in India Hindustan Unilever Limited being the leading company in the FMCG sector is the prime focus of our study. It is the largest share holder of the FMCG sector in the Indian market. It was founded in November 1956 and its based in Mumbai, Maharashtra. The mission statement of HUL is, add vitality to life. In this report we have analyzed the life cycle of HUL, along with its strong presence in the market due to its highest shares in the FMCG market. Research in this report consist of analyzing the competitors with respect to HUL through reference book, internet research which gave a proper direction to our study. Our major finding includes that HUL has a strong market base which is spread strategically in all the market segments under soaps and detergents due to so many brands by HUL. Also we see there are a lot of emerging competition to the HULs soaps and detergent market share and how it has and will continue to tackle these competitions. Additionally we see the HUL firms life cycle, along with an understanding of a monopolistic market. Furthermore we see into one of the competitors downfall in the soaps and detergent market. In conclusion, this study shows HUL has a strong market share in the soaps and detergent sector.HUL in the light of all the competition, is constantly innovating new products so as to dominate the market. Unlike other companies, HUL has its base under all the segments, thus targeting a wide range of consumers. Abstract Hindustan Unilever Limited is the largest FMCG Company with market leadership in the Soaps Detergents Industry. The report focuses on the evolution of HUL as the market leader in light of the Life Cycle of a Firm and analyses how it managed to sustain its position with emerging new entrants in a monopolistic competitive market. Problem Statement Among several leading national and global brands, HUL is the largest company in the FMCG Sector and it is the market leader with 46% share in the soaps and detergents industry. The underlying factor for its success is the strong customer base. It : Provides wide range of products Continuously innovates to respond to the competitive pressures by providing value additions to its existing products Has established its target audience to every segment: premium, mid-priced and popular Introduction Hindustan Unilever Limited (HUL) is Indias largest Fast Moving Consumer Goods (FMCG) Company based in Mumbai, Maharashtra. It is a subsidiary of Unilever, a British-Dutch company which controls 52% shareholdings in HUL. Unilever is worlds largest supplier of fast moving consumer goods across 100 countries in the world. In Home Personal Care Products and Foods Beverages, HULs 35 power brands are spread across 20 different consumer categories such as detergents, shampoos,soaps, skin care, toothpastes, coffee, tea, ice creams etc. The company aims to create a better future every day as it provides for nutrition, hygiene, and personal care that help people feel good and look good. HUL touches the lives of two out of three Indians. These brands are manufactured over 40 factories and operations consist of 2000 suppliers and associates. It covers 6.3 million retail outlets reaching the entire urban population and 250 million rural consumers. HUL has over 16000 employees and an annual turnover of around Rs.21736 crores(as per financial year 2011-2012). Life Cycle of HUL Life Cycle can best be explained as the course of events that bring a new firm into existence and follows its growth into maturity to capture the mass consumers. The most common steps in the life cycle of a firm include the following phases: Introduction Development Maturity Growth Sales volume 1988 1930 1991 2000 Time Development Phase Firms in the development phase are likely to be characterized by small levels of sales and are more speculative in nature. The firms enter the market as they see a market opportunity. Unilever the parent company of HUL viewed the Indian market with tremendous potential. Thus, it launched Sunlight Soap in 1988. This gave rise to an era of marketing branded fast moving consumer goods (FMCG). It further introduced Lifebouy and other brands like Pears, Lux and Vim came into market in 1985. Vanaspati and Dalda were also launched in 1918 and 1937 respectively. Introduction Phase In 1930s the introduction of the firm as Hindustan Lever Limited came into existence with the merger of HindustanVanaspati Manufacturing Company, Lever Brothers India Limitedand United Traders Limited.It became the first foreign subsidiary company to do so. Today, the company has more than three lakh resident shareholder. Growth Phase In 1991, with the liberalization of the Indian economy,a drastic change in growth curve of HUL was witnessed as the company explored every single opportunity in the product segment,without any restriction in the production capacity. HUL and its largest competitor Tata Oil Mills Company (TOMOCO) merged together,and the acquisition took place in 1994.In 1996,a 50:50 joint venture was formed, with Lakme Limited to market cosmetics andwith US based company Kimberly-Clark Lever Ltd to marketHuggies Diapers and Kotex Sanitary Pads.HUL also set up a subsidiary as Unilever Nepal Limited (UNL). The UNL factory manufactured HULs products like Soaps, Detergents and Personal Products both for the domestic market and exports to India. The company witnessed crucial mergers, acquisitions and alliances after 1990s , on the Foods and Beverages front. Maturity Phase HUL entered the maturity stage in early 2000s. Since it reached upper bounds of its demands, it undertook various projects and initiatives to maintain its brand image. The increasing demand is not entirely affected by the advertising. For instance,HUL undertook Project Shakti in 2001,a rural initiative which targeted small villages. Presently, 45,000 Shakti entrepreneurs are working,which covers over 100,000 villages across 15 states and reaching to over 3 million homes. In 2002, HUL made its entry into Ayurvedic Health Beauty Centre category with the Ayush range and Ayush Therapy Centers. In 2003,it launched Hindustan Unilever Network, Direct to home business , launching Pureit water purifier in 2004. In 2007, the Company name was formally changed to Hindustan Unilever Limited. Brooke Bond and Surf Excel showed Rs.1000 crore as a sales mark followed by Wheel which crossed the Rs.2000 crore sales milestone in 2008. HUL has completedmore than 75 years of corporate existence in India. HUL-Monopolistic Competition Monopolistic competition is a market situationin which there are a large number of sellers and a large number of buyers for the products and services. The firms in a monopolistic competitive market are generally small in size. All firms provide similar products i.e. the products are close substitutes of each other. However they can be differentiated on the basis of color, packaging, features, and brand price and so on. The Indian FMCG Market is a perfect example of monopolistic competition. It is a highly crowded market with a large number of national and global players competing on margins. The stock turnover is high as FMCG products are frequently consumed and have a short shelf life. The main features of FMCG in light of monopolistic competition can be viewed as follows: Large Number of Sellers In a monopolistic competitive market, there is abundance of sellers producing differentiated products. The presence of large number of sellers is highlighted by the fact that the Indian Soap and Detergent market has 700 companies competing to sell their products. The major players across the globe are: ITC Limited, Procter Gamble and Hindustan Unilever Limited. Freedom of Entry and Exit There are low barriers to entry and exit of firms in monopolistic competition. If the profits are attractive, the firms can enter the industry. Increase in disposable income in hands of both rural and urban consumers, gave an opportunity to the rural consumers to shift from unbranded unorganized products to branded FMCG products. The increasing demands, leads new firms to enter the market. When the competition increases the existing firms are forced to reduce their price in order to meet the competition. Thus free entry and exit maintains normal profits in the market in the longer span of time. For instance, Nirma was launched in the detergent industry at a low price targeted to cater to the needs of middle-priced and popular segment. The success of Nirma forced HUL to launch an even lower priced product. Thus, Wheel and Rinwere introduced by HUL to maintain its market share. Selling Costs Due to product differentiation in monopolistic competition, firms are required to incur some additional costs such as advertising, sale promotions, salaries of marketing staff etc. to promote the product. The main aim is to inform, persuade and remind the buyers of the availability of the product. The strategy of aggressive advertising is adopted. HUL and Procter Gamble are two renowned companies for portrayal of advertisement war. Aggressive television commercials were shown targeting each others brand. Even in print the prices of detergents such as Tide and Rin were compared to influence the customers buying habits. It is highly believed that advertisements are factual and help buyers make an informed choice. Product Differentiation It is regarded as the most important feature of monopolistic competition. The products in monopoly are homogenous in nature whereas in monopolistic market it is heterogeneous in nature. The products are close substitutes; however every seller tries to differentiate his product from the competitors product. They maybe different in terms of colour, packaging, features, pricing, size and shape. For instance, Ariel, the detergent laundry line for PG, is available in a variety of forms. Ariel Colour is a detergent used mainly to protect colour of clothes, Ariel Stain remover is a stain pre-treatment product, ArielQuickwash is used to wash clothes in the quick wash cycle and so on. Therefore, Ariel has been able to expand its laundry line depending on the use of the detergent. By adding various features to the existing product, Ariel has been able to distinguish itself from the competitor. Absence of Interdependence The firms operate on the basis of their own marketing policies and production. No firm is influenced by the other firm. Since a large number of firms enter the market, the size of each firm varies. Thus, no firm is dependent on the other. Falling Demand Curve A firm in monopolistic competition, has a downward sloping demand curve. This is mainly because the sellers are the price makers i.e. they are influential enough to affect the price of the product. The demand curve is highly elastic as substitutes are available.This means one can sell more at low prices and vice-versa. Competitors analysis HUL has a large share of market in soaps and detergent segment, but it still faces a growing number of competitions from various Competitors in the market. In the detergent sector it faces competition from Procter and Gamble (PG), Henkel, RohitSurfactancts Pvt. Ltd. (RSPL) and Nirma (now out of the market). In the soap sector it faces competition from Godrej, PG, Wipro, ITC and Nirma (now out of the market). HUL faces just one competition in the health care sector of the soap industry and that is from Reckitt. Detergents Market Past HUL captured the Indian detergent market in the year 1957 and maintained its monopoly in terms of quality till 1980s with its product SURF. However by 1980s a company named Nirma Chemicals brought out a detergent Nirma which was priced much lower than HULs Surf with a very catchy advertisement on TV, claiming great quality at affordable rates. It soon became a very popular jingle, catching the imagination of the masses. By 1985 Nirma had replaced Surf from the number one position in the detergent market. HUL then changed their strategy and introduced cheaper detergents named Wheel and Rin, and managed to regain some of the lost ground in the detergent market. This shift ultimately resulted in HULs Wheel replacing Nirma from the top position of the detergent market in early 2000. But soon there emerged a threat from a product named Ghari which was launched by RSPL in 1987. Present In the current market scenario, Ghari holds the number one position at 17.3%, followed closely by Wheel which holds 16.9% of the market share. Nirma on the other hand had witnessed a huge downfall and it now just commands a market share of less than 6%. Tide launched by PG is now at the third position in the market after Ghari and Wheel, with a share of 13.5%. The Indian detergent market is broadly classified into four different segments namely:- Premium, examples- Ariel and Surf Mid-price, examples- Henko, Rin and Tide Popular, examples-Wheel, Ghari, Nirma and Mr. White Regional and small unorganized players Premium, Mid-price and Popular account for a market share of 15%, 40% and 45% respectively against each other. All the above three segments combined form 60% of the market share, while the rest 40% share is held by the regional and small unorganized players in the market. HUL is still a major player in the market with its Wheel, Rin and Surf in all three main segments, but RSPL is now the overall leader due to Ghari. Soaps Market The soap market in India is divided into various categories that is mens soaps, ladies soap and common soap. There is also a small share in the soap market which is held by specialty soaps like baby soaps, sandal soaps, glycerin soap etc. The market growth of the soap sector is estimated to be 7% p.a. and it is observed that rural market constitutes 60% of the soap sales. There are about 700 soap manufacturing companies in India. The Indian soap markets value is estimated to be around 60000 crores. In this huge market there are just a handful of key players who control the major chunk of the market share. These are HUL, Godrej, Wipro, PG, Nirma and ITC. HUL enjoys over 54.3% of the market share with its brands such as Lux, Lifebuoy, Rexona, Breeze, Pears, Haman and Dove. Godrej Consumer Product Ltd.(GCPL) comes in second position with 11% of the market share with its brands such as Cinthol, Fairglow, Nikhar and Allcare. GCPL is among the biggest manufacturer of toilet soaps and it launched Fairglow, which was the first fairness soap in India. Wipro with its brands such as Santoor and Chandrika has a strong base in the soap market sector. Procter Gamble (PG) and Nirma are the other competitios with a strong presence in the market share. ITC is a fairly new entry into the soap market with the launch of its brand named Vivel. According to AC Nielson a global marketing research firm, Vivel soaps have witnessed a growth rate of 70-80% within a short period of time. ITC is now the fastest growing company in soap the soap market. Case Study: Downfall of Nirma Detergent Powder The purpose of this case study is to highlight the factors that led to downfall of NirmaDetergent Powder. How ignorance of factors like consumer behavior, innovation, product differentiation immensely affect the existence of any firm in the cut-throat competitive market. Nirma detergent powder was launched in 1969 by Nirma Chemicals at a price far lower than the market leader-Surf. The aim of Nirma was to create a brand at affordable price. The strong popularity of Nirma among the cost conscious Indian consumer, gave rise to competition. No company is interested in losing its market share. Thus, recognizing the threat, HUL, the undisputed leader in FMCG, launched Wheel detergent to try and establish itself in the low end of the market. Nevertheless, it forced Nirma to exit the market. The main reason for this are highlighted as under: Lack of Innovation: With the increase in disposal income in the hands of the consumers, a shift was seen in the demand of products. The consumer desired aspirational products focused on viability and divisibility instead of economy brand products focused on affordability. Nirma suffered from the inability to innovate products to meet the new demands of the consumer. It failed to think beyond pricing. On the other hand, HUL was able to establish products in all segments; Popular:Wheel , Mid-Priced: Rin and Premium:Surf. Lack of Advertising: Nirma did not have a strong brand promotional strategy. It failed to capitalize on the trademark jingle i.e. failed to convert its recognition earned into sales. With the increase in competition, Nirma did not introduce new and improved advertisements. Even the visibility on TV channels reduced. Lack of Product Differentiation: On the one hand where the sales of HUL increased, there was evident decline in those of Nirma. Hul along the way changed its technology and added features to its existing products. Surf went from Surf to Super Surf to Surf Excel. Even though Nirma advanced to Nirma Blue, the differentiation was not visible. Lack of Price Increase:Nirma locked itself to the conventional low price plank. Overtime with the increase in prices of LAB ( linear alkyl benzene) and Palm Oil, both ingredients used for the making of detergents, Nirma did not increase the price of the detergent. Naturally the company faced complications in terms of revenue generation as the costs were higher than the profit derived from it. What Nirma could have done? Compete on Quality: A company like Nirma can easily increase sales by highlighting improved quality in its product. It could emphasize on the performance risks in the low priced segment and mention the cost advantages. Strategic Positioning: A company must position its product well. The target audience for Nirma was the low income group. It should aim at increasing sales in the rural markets by increasing availability in villages. Moreover it should tap the untouched cheaper and unorganized markets. Attractive Advertising: Advertising plays an important role in creating consumer awareness. The way HUL changed the packaging of Lifebouy from a masculine product to a family product (as shown below),Nirma should change the conventional image of a Nirma dancing girl to something more appealing. C:UsersDIVNEETDesktopold_lifebuoy_ad_mazhar khan.JPGC:UsersDIVNEETDesktopLifebuoy_soap.jpg Co-opt Contributors: A company can easily form strategic partnerships with dealers, suppliers and resellers by offering exclusive deals and offers. Grammage in Packaging: Many a times, companies reduce the quantity of the product and sell it at the same price. Reduction in quantity is generally unnoticed by the consumer. For example: Selling Half Kg detergent for Rs.7 instead of One Kg. SWOT analysis of HUL Soaps and Detergent Market Strengths Established target audience in various market segments Largest company in FMCG sector Top position in soap and detergent market share Wide range of products Continuously innovates Global presence Popular among the masses Weakness Few popular products appealing to the mass has been kept in premium pricing range, due to which people prefer cheaper products offered by the rival companies Opportunities As the masses are becoming more hygiene conscious, the sales expected to rise Rising demand of premium and mid-priced products in the rural areas Downfall of Nirma will help them to regain lost market shares Soap sectors growth is expected at 7% p.a Threats Rising competition from other emerging companies Losing top position in the market share of detergents to Rohit Surfactants Pvt. Ltd.(RSPL) ITCs sudden growth in the soap market Conclusion In this report, it can be easily observed that HULis a market leader in the FMCG industry in soaps detergents. Its evolution can be seen through various phases and currently operating in its Maturity phase. However, its evolution began in 1988 with launch of sunlight soap by Lever brothers and today we see a wide range of products starting with soaps and detergents, home personal care and food beverages. We see how continuous innovation and close study of consumer behavior has helped HUL exist in this competitive market as a leader in its field. Grabbing right opportunities at the right time and optimal utilization of available resources is the also one of the key critical success factors for any firm to be successful. HUL was able to capitalize on its products because of their approach towards target segmentation. HUL targeted the mass audience with products available in all income groups-low level, middle level high level.HUL have managed to balance margin pressures in the detergents segment, through product mix changes by good quality of a huge product and brand portfolio. Recommendation

An Overview Of Learning Three Theoretical Perspectives Education Essay

An Overview Of Learning Three Theoretical Perspectives Education Essay There are myriad perspectives on the learning process, understanding the mechanisms of and our understanding of learning as theory and the practical application of methodology has evolved considerably over time. Each theory contributes to our understanding of how learners integrate information and experiences from their environment. This has implications for individual growth and also for institutional policy and practice. In this paper I will review three theoretical perspectives on learning, namely the Constructivist/Cognitivist perspective, the Phenomenographic perspective, and the Socio-cultural perspective, I will describe the salient features and characteristics of each theory, and compare the similarities and differences across perspectives. This will include a discussion of how learners access information, make sense of that information, and act on it in deliberate and purposeful ways as a means of engaging with the world. From there I will investigate what these learning theories emphasize or give relevance to the concepts of context, meaning, and experience. The various perspectives each have something to say about the relationship between context, meaning, and experience as they relate to learning, however the importance of these core concepts differs in how each theory conceptualizes learning, and the importance of the role of context, meaning, and experience. Finally , I will conclude with examples that bring these perspectives to life in my everyday experience, and I will bind these theories together within a cohesive understanding of learning and education as it relates to the interrelationship of the concepts of intrinsic motivation, variation, and transfer. Three theoretical perspectives on learning There are numerous theories of learning, each emphasizing a particular feature of the learning experience. Various theories of learning also describe learning in different ways depending on the viewpoint of the observer. Each theory emphasizes ideas related to context, meaning, and experience in different ways as they relate to learning, both from the perspective of the learner and from the instructor/teacher/coach/mentor. Constructivist/Cognitivist Perspective Objectivity is the delusion that observations could be made without an observer (von Foerster, 1995, pg. 5) The Constructivist theoretical orientation holds that knowledge is acquired experientially, is mediated by our prior understanding, and is based on the belief that we learn by doing rather than observing, and that knowledge is built upon previous learning. The essential core of constructivism is that learners actively construct their own knowledge and meaning from their experiences (Doolittle, pg 1) Piaget was primarily concerned with cognitive constructions that occurred as a result of interactions with Constructivism emerged from early studies of learning, behaviour, and psychoanalysis, and the behavioural viewpoints of Watson, along with Kohler and Koffkas Gestalt psychology. (Tools pg. 7) Constructivism as theoretical understanding exists along a continuum from weak to strong forms constructivism This is an adaptive process whereby behaviours evolve to meet the changing demands of the environment, and cognition serves to makes sense of subjective experience. (Doolittle, 1999, 1) Constructivism emerged from schools of behaviourism and objectivism, which held that there was a knowable objective reality that existed independent of the individual. Constructivism takes the view that meaningful personal experience is the basis of knowledge and learning. Individuals construct meaning within a context of personal experience that is rooted in language, culture, and the social experiences of each individual. There can be no objectively verifiable truth or knowledge within constructivism, as each individual brings a unique perspective grounded in their own previous knowing. Much of this knowledge is tacit and resides in the implicit memory of the learner, but it exerts its influence and acts as a filter through which the individual sees new information and relates it to their understanding of the world. Knowledge and thus learning is constructed within the mind of the individual. Constructivism rejects the notion of an objective and knowable reality independent of the observer, and holds that knowledge of the world is constructed through the active cognitizing on the part of individuals. Constructivism rejects the notion of an oberver-independent world in favour of knowledge reflecting the subjective realities of the observer. (Glaserfeld, 1989, p. 3) Knowledge is not a representation of reality, but instead a collection of conceptual structures that turn out to be adapted or, as I would way, viable within the knowing subjects range of experience. (Glaserfeld, 1989, p. 4) Within Cognitive constructivism (explanation of scheme theory, accomodation, assimilation). Cognitive constructivism adheres to models of knowledge construction that consider the role of memory, cognitive constructs, and schemas without considering fully the subjective nature of knowledge as resident within the mind of the subject. Knowledge in this sense implies an internal representation that accurately reflects an observer-independent external reality. (Doolittle, 1999, 2) Radical constructivism differs from cognitive constructivism by advancing the idea that learning is an adaptive process, and that it is observer-dependent and resides in a fluid and dynamic cognition that considers the subjective experience of knowledge construction. Radical constructivism, like social constructivism, also accepts social interactions as informing knowledge construction. Social constructivism takes the view that social interactions contribute to knowing, and views the social and cultural context as anchoring knowledge to a specific time and place. (doolittle pg 4) These various perspectives exist on a continuum, however the most fundamental understandings are shared. We all hold memories of previous experiences; those collected memories and experiences, both tacit and explicit, become the lens through which we view our current unfolding reality. Emerging evidence within the realm of neuroscience and interpersonal neurobiology may predict further homogenization of constructivist philosophy and understanding. Interpersonal neurobiology views the brain as a social organ built through experience. This insight shifts Cognitive Constructivism further along the continuum in the direction of radical and social constructivism by lending supporting evidence to the two remaining epistemological tenets, namely that cognition organizes and makes sense of ones experience, and that knowing has roots in both biological/neurological construction, and social, cultural, and language-based interactions. (Doolittle, 1999) Learning is transactional, with experience influencing cognitive construction and the pliable cognitive constructions influencing our experience in a duality of experience and subjective reality. As Carr states, the growing body of evidence makes clear that the memory inside our heads is the product of an extraordinarily complex natural process that is, at every instant, exquisitely tuned to the unique environment in which each of us lives and the unique patterns of experiences that each of us goes through. (Carr, 2010, p. ) Carr recounts some of the current research on memory and experience, and expands on the idea that our brain structure continuously changes with experience; brain plasticity, the growing and pruning of synaptic connections over time, changes our very memories and our recollections of experience based on new experiences. (Carr, 2010, p. 190) Researcher Kobi Rosenblum further describes how memory, which in a sense is our recalled experience, can be a pliable and moving target. As he explains, ..the human brain continues to process information long after it is received, and the quality of memories depends on how the information is processed. (Carr, 2010, p. 191) Meaning within Cognitivist/Constructivist Perspective Meaning as significance for each perspective, but it is integral to an understanding of constructivism. Meaning is central to the intentionality of learners; relevance and meaning enhance a learners ability to relate with their world. It also relates to concepts of motivation as it relates to a learners sense of agency and engagement with their experience, ad it highlights the importance of culture and language as social mediators of learning The importance of these memory mechanisms to the development of cognitive psychology is that, once understood, they make it very clear that a persons ability to remember items is improved if the items are meaningfully related to each other or to the persons existing knowledge. The key word here is meaningful.Wynn pg.4 What is meaningful to people is determined by what they can remember of what they have already learned. Wynn pg 4 Opportunities for learning within a constructivist framework occur most readily when what is being learned has relevance or high emotional valence for the learner; in other words when information or experiences are meaningful. In order for learning to be meaningful it should be relatable to previous knowledge and experience. This building-block model of knowledge and experience is entirely consistent with a learner as meaning-maker. The implications for teaching and educational pedagogy are that tasks that have meaning and relevance tend to be of greater intrinsic interest to learners. Research on the experience of learning speaks to the importance of meaning as it relates to knowledge construction, and speaks of the importance of autonomy, agency, choice, and collaboration in driving our instrinsic motivational desires to engage in meaningful tasks, remember and recall information, self-organize, and be curious. A learning context rich in meaning is crucial. Context within Cognitivist/Constructivist Perspectives Learning occurs most successfully at the intersection of a learners previous knowledge of the world and the experience of socially mediated interactions with others, and is influenced by all accumulated social and cultural experiences. (Bodrova Leong, 2007, p. 9) The context for learning resides within the experience and imagination of the learner, and is rooted in prior experience and is mediated by teachers/facilitators and the ecological setting or context. Within this learning context, Feuerstein describes the role of mediation. The mediator creates in a person an approach, a form of reference, a desire to understand phenomena, a need to find order in them, to understand the order that is revealed, and to create it for oneself. (Feuerstein, Feuerstein, Falik, 2010, p. 37) Mediators can take many forms, but they share in common an ability to potentiate a learners ability to benefit from learning experiences. In the absence of a mediator, even in cases where individuals acquire knowledge, they may not understand its significance. (Feuerstein et al., 2010, p. 37) Experience within Cognitivist/Constructivist Perspectives As learners construct their own experiential reality within a social and cultural context, the dyadic interactions that unfold imply a degree of collaboration and engagement with learning that is intrinsically motivated by a meaningful context within which learning occurs/unfolds. Collaborative learning is by its nature socially constructed learning, where the interest of learners is central, meaningful, and contextual. Decontextualized learning by contrast lacks a sense of connection to the experience of learning. Prior experiences of learning are diminished when there is no meaningful context, and authentic experiential learning suffers. When choice around structure and content is collaboratively negotiated, learners are granted a level of autonomy around how and what they learn, and experiences that are meaningful place learning within a context more suitable to the learning style, goals, and priorities of the learner. Kohn emphasizes these conditions of collaboration, content, and choice, as creating the conditions necessary for authentic and intrinsically motivated learning to emerge. (Kohn, ) Phenomenograpy/Variation Theory There is no learning without discernment. And there is no discernment without variation. (Marton, Trigwell, 2000) The theory of phenomenography is connected with the study of human experience, particularly as it relates to educational research. Phenomenography examines thinking and learning within the context of educational research, and seeks understanding of the different ways in which people experience, interpret, understand, perceive, or conceptualize a phenomenon, or certain aspect of reality. (Orgill, ) Marton defines phenomenography as a qualitative research methodology, within the interpretivist paradigm, that investigates the qualitatively different ways in which people experience something or think about something (Marton, 1986). One of the key epistemological tenets related to Phenomenographic theory relates to concepts of variation, discernment, and transfer. Marton postulates that in order for learning to occur, there must necessarily be a pattern of variation present to experience, and this pattern must be experienced. (Marton, variation, pg.1). In order for learning to occur, learners must experience a wide range of variation in experience, with sameness or similarity contributing little to our understanding of experience. Variation and difference create a broader context for understanding experience, and also expand our repertoire when encountering novel situations or circumstances. This transfer of learning is integral to variation theory and a key underpinning of phenomenography. Experiencing difference or variation may be likened to experiences of cognitive dissonance within constructivist models of learning, where an individual experiences dissonance and a perturbation and must adjust their conception of this new information within their existing paradigm. How we categorize, makes sense of, or identify with that difference relates to our discernment skills. Discernment allows a subject to see or sense an experience against the background of his or her previous experiences of something more or less different. ( Marton, pg.386). In essence, as subjects experience greater variation they become more attuned to increasingly subtle differences between the physical, cultural, symbolic, or sensual world that they inhabit. (Marton, pg 386) Every phenomenon that is experienced only in contrast to alternate experiences of the same phenomenon (marton, pg 387) The implications for pedagogy center on the manipulation of the objects of variation in order for learners to experience variation, become adept at discerning, and transfer learning across situations. Excellence in teaching has very much to do with what aspects of the object of learning are subjected to variation, and what aspects of the object are subject to variation simultaneously. (Marton, pg. 391) Subjects learn to manage novelty as a result of having experienced novelty through variation. (Marton, pg. 394). Transfer is concerned with how what is learned in one situation affects or influences what the learner is capable of doing in another situation. (Marton, pg. 499) Meaning within Phenomenographic/Variation Theory Perspective Context within Phenomenographic/Variation Theory Perspective A concept that illuminates ideas of context within the phenomenographic perspective relates to concepts of situated learning. Situated in this instance refers to what surrounds the learning event; that is, to the socially constructed life-world in which a particular instance of learning occurs. (Sameness in transfer, pg. 511) Sameness and difference in learning and experience are acknowledged, however the extent to which we can make use of something we have learned in one situation to handle another situation is a ma Conclusion Learning is not simply acquiring new information and storing it on top of the information we already have. It involves meeting something unexpected (what might describe as a perturbation), something that cannot be easily explained by those theories or understandings we have already developed. To resolve that conflict we have to change what we previously believed (kohn, pg 187) This explanation is the tie that binds constructivism, variation, theory and scheme theory to social learning, along with ideas of motivation and personal agency.

Hamlet 9 :: essays research papers

There have been many great thinkers in literature. Characters who examine themselves, others, and the world in a thoughtful and insightful way. One of these introspective and self-aware literary creations is Hamlet in Shakespeare’s play Hamlet. The play is one filled with and based on ideas and contemplation as opposed to the steady stream of action that fills many of his other plays. Not that there’s any lack of action in the play. On the contrary, it includes violent deaths, a vicious duel, and a vengeful ghost. There’s no lack of physical action after the thought processes are completed, either. The central character of Hamlet, however, is one who considers before he acts, and whose actions (and their consequences) are therefore not random acts of fate, but deliberately chosen resolutions. Hamlet proves himself to be a tragic figure as well as a sacrificial hero through his private thoughts and his determinations.   Ã‚  Ã‚  Ã‚  Ã‚  These major internal “events'; begin with Hamlet’s reaction to meeting and speaking with his father’s ghost. This meeting was the catalyst for a lot of silent contemplation and turmoil for the young prince. The movement of ideas here is rapid– the Ghost gives a clear, incriminating account of Claudius’s involvement in his death, and Hamlet immediately vows to avenge him. His reaction was passionate, and suitably so. After all, no character of integrity and honor could have refused the task given to him by the Ghost. In making the deliberate decision to avenge his father, Hamlet alerts the reader that he is the central character in the play. It also lets us know that he is a truly decent and loyal son as his quest for revenge consumes him. As he says in act one, scene five: I’ll wipe away all trivial, fond records, All saws of books, all forms, all pressures past, That youth and observation copied there, And thy commandment all alone shall live Within the book and volume of my brain, Unmixed with baser matter. Yes, by heaven! Here, Hamlet reveals through his decision a powerful will and overwhelming resolution as he declares that he will completely reject all other pastimes and priorities in order to fulfill his choice and oath. This steadfastness, though it later wavers, leads directly to all of Hamlet’s future actions, from his assumed madness to his rejection of Ophelia to his return from England. The scene shows us Hamlet’s motive for his future actions, and starts of his trend of silent brooding.

Outlaw Euthanasia and Assisted Suicides Essay -- Medical Death Suicide

Outlaw Euthanasia and Assisted Suicides The people of the world today are constantly slammed with problems. There’s overpopulated countries, starving children, incurable diseases, and poverty. There’re drunk drivers on the road, burglars in our homes, and teenagers on the streets. No matter how many positive aspects you can think of for our world, these problems and many more exist. You can try to block them out, or you can strive to make them better. My proposal is to end euthanasia and physician assisted suicides. I believe that this treatment of life is wrong, and can be solved in other ways. Victims of depression, dementia, terminal illnesses, and personal reasons individuals find to die should not be relieved of their condition through injection. The option should not even be available. The world today is attempting to help suicidal people. There are thousands of hospitals and clinics across the world that employ doctors and psychiatrists that specialize in improving the quality of others lives to preven t suicide, and promote emotional stability. Now death is a reasonable and feasible option. The entirety of the problem of euthanasia and physician assisted suicides is not so much that unhappy people are dying, but that no effort or attempt is made to make them better. In every case, the request for assisted suicide stemmed from depression, anguish, desperation, or fear of abandonment. In other words, terminally ill patients sought euthanasia or assisted suicide for the same reasons that healthy people do. In the same case of healthy people, their suffering could be palliated, and their longing for death quelled, by proper use of medicine, lovingkindness, and what some have called the ministry of presence. The answer to anguish and desperation is not to coldly dispatch the anguished and desperate, but rather to enfold them within the bonds of a community that sees in them intrinsic, rather than merely utilitarian value (Assisted 5). Take for example, Janet Adkins. Janet was 54 when Dr. Kevorkian assisted her suicide. At the time of her death, she was in the early stages of Alzheimer’s Disease, and was not terminally ill. Her own doctor said she had ten years of productive life ahead of her. She never met or spoke with Kevorkian until two days before her death (Death 3). Elaine Goldbaum had fin... ...e conclusion to my proposal is simple. Life is a privilege. These days, couples are lucky to produce a child with no complications or disabilities. Successful people such as physicians should not be so willing to end others lives with such compliance. Earning a prosperous living through causing death to others is not an honest living, and these people should be considered all but heroes. One day they may say a life, yet the next, they’re discriminating and ending one because an individual asks nicely and their accounts allow them to do so. Medicine should be focusing on improving lives, rather then giving the option of ending them so easily. The option of assisted suicides and euthanasia should be outlawed which will cause people to seek other ways around their discomforts. Death should not be the answer to unhappiness, and the acts of assisted suicides should be unavailable to everyone. If an individual’s will to die is so strong, nature will take its course and fa te will choose the path. Works Cited Chevlen, Eric. Assisted Suicides. April 27, 2000 . Death with Dignity Act. April 27,2000 .

The Soviet Union and Eastern Europe

The Soviet Union and Eastern Europe| | The world’s most powerful Communist country was the Union of Soviet Socialist Republics, or otherwise known as the Soviet Union. It contained 15 republics that were controlled by a central government. Over time, it developed into a large industrial power that dictated all aspects of the national economy. It set levels of wages and prices, controlled the allocation of resources, and decided what would be produced and how and where goods would be distributed. The Soviet Union was corrupted after World War I.Economic recovery such as Russian industrial production had gotten passed prewar levels by forty percent. New power plants, canals, and giant factories were built. Testing of hydrogen bombs in 1953 and Sputnik 1 in 1957 enhanced the Soviet state’s reputation as a world power abroad. Soviet people did not have much, their apartment’s one room served as both a bed and living room. As the struggle for power continued, Joseph S talin, the general secretary of the Communist Party, became the master of the Soviet Union and he had a low amount of respect for Communist Party leaders.Stalin was a selfish leader and did not think people from his circle could do anything without him. He believed in a socialist government. The government issued a decree that all literary and scientific work must conform to the political needs of the state itself. As a result of this, there was increased terror. Many believed new purges were to come until Stalin died on March 5. After Stalin’s death, a man named Nikita Khrushchev came in as the chief Soviet policy maker and improved his regime. Khrushchev deleted Stalin’s ruthless policies which became known as De-Stalinization.He also loosened government control on Stalin’s literary works. Khrushchev tried to make consumer goods more popular. He also wanted to increase agricultural output by growing corn and cultivating lands that were east of the Ural Mountai ns. His attempt in increasing agriculture weakened his reputation within the party. As a result of his bad reputation and increased military spending, the Soviet economy became ruined. He was suddenly deposed in 1964. After Khrushchev fell from power, Leonid Brezhnev, who had been serving as his deputy in the party secretariat, became first secretary of the party.Under his rule the de-Stalinization campaign was highly relaxed. Previous experimental agricultural programs were abandoned and the economy began to flourish. Cold war tensions eased after the Cuban missile crisis of 1962 and there was a limited opening for cultural exchanges with the West. Competition shifted to a space and arms race. In Yugoslavia, a man by the name of Tito, also known as Josip Broz, was the leader of the Communist resistance movement. He wanted an independent Communist state in Yugoslavia. Tito refused to agree with Stalin’s demands of taking over Yugoslavia.By portraying the struggle as one of Yu goslav national freedom, Tito gained his people’s support. Tito ruled Yugoslavia up until his death in 1980. Yugoslavia was a Communist government, but not a Soviet satellite state. The Soviet Union did not allow its Eastern Europe satellites to become independent of Soviet control, especially in Czechoslovakia, Poland, and Hungary. Protests took place in Poland; the Polish Communist Party adopted a series of reforms in October 1956. They elected a first secretary named Wladyslaw Gomulka. He said that Poland had the right to follow its own socialist path.Poland was afraid of the Soviet armed response to his remark so they pledged to remain loyal to the Warsaw Pact. Unrest in Hungary and economic difficulties led to a revolt. What added to the rising rebellion was Imre Nagy, the Hungarian leader, declared Hungary a free nation on November 1, 1956. It also promised free elections. Three days after Nagy’s declaration, the Soviet Army attacked Budapest. 23 After this, the Soviets reestablished control over the country. Nagy was then seized by the Soviet military and executed two years later. 24Alexander Dubcek was elected first secretary of the Communist party. 25 He introduced freedom of speech and press of freedom to travel abroad. He relaxed censorship, began to pursue an independent foreign policy, and promised a gradual democratization of the Czechoslovakia political system. 26 He wanted to create â€Å"socialism with a human face. †27 All the happiness of the people was ended when the Soviet Army invaded Czechoslovakia in August 1968 28 and crushed the reform movement. Gustav Husak replaced Dubcek, did not follow his reforms, and reestablished the old order. 28In that same year of 1968 a movement for liberal reforms gained widespread support in Czechoslovakia. 29 When the Czech government seemed to be moving away from the Soviet-style rule, the Soviet Union reacted by sending troops into Czechoslovakia in August to ensure the removal of Czech leaders. 30 After this invasion, the Soviets developed the â€Å"Brezhnev doctrine,†31 a policy that called for Soviet intervention to stop any developments that may disrupt the Communist order in Eastern Europe. 32 Political and economic patterns remained constant and still into the 1980s.An invasion of Afghanistan to help a puppet regime broke down into guerrilla warfare. 33 In most cases the Soviets were cautious international players dodging any direct military interventions. Workers and youth began to react to their strict control and lack of consumer goods. High alcoholism increased death rates and lowered production. A growing economic crisis beginning in the mid-1980s forced major political change. 34 Efforts at reform were matched by developments in Eastern Europe that ended the Russian empire.The initial cause was a deteriorating economy hampered by the costs of rivalry with the United States. By the 1980s the economy was grinding to a halt. Forced industriali zation had caused extensive environmental disaster throughout eastern Europe. Related diseases impaired optimism and economic performance. Infant mortality rates increased highly. Industrial production slowed and economic growth stopped, but one-third of national income continued to go to military production. 35 Younger leaders recognized that the system might very well collapse. In 1985 Mikhail Gorbachev introduced reforms. 6 He urged nuclear reduction and negotiated with the United States a limitation of medium-range missiles in Europe. The war in Afghanistan was ended by Soviet withdrawal. Internally Gorbachev proclaimed the freedom to comment and criticize. He commended use of market incentives and less use of administrative controls. But strong limits on political freedom remained and the centralized planning apparatus resisted reform. Gorbachev's policies partly reflected ambivalence about the West as he reduced isolation but still criticized Western values. He wanted reform, not abandonment of basic communist controls.The keynote to reform was perestroika, or economic restructuring. 37 This meant more private ownership and decentralized control of aspects of the economy. Foreign investment was encouraged and military expenditures were reduced to free resources for consumer goods. In 1988 a new constitution gave considerable power to a parliament and abolished the communist monopoly of elections. Gorbachev was elected to a new and powerful presidency in 1990 as people argued for or against reform. 38 By the end of 1991 the Soviet Union had been replaced by a loose union of republics. 9 Gorbachev was dissatisfied so he decided to resign and was replaced by an elected president, Boris Yeltsin. 40 The Communist party was dissolved. Continuing uncertainty showed in 1993 when Yeltsin clashed with the parliament. 41 Yeltsin and the army triumphed and elections followed to produce another constitution. In the midst of continuing political confusion two trends p redominated: the economy was weak and there was a breakdown of values and discipline. 42 Crime flourished and growing economic class divisions threatened stability.The economic and political conditions provoked the states of Eastern Europe to take advantage of the new times to seek independence and internal reform. Soviet troops were withdrawn. Bulgaria arranged free elections in 1989 43; Hungary and Poland in 1988 installed noncommunist governments and moved toward a free economy. 44 Czechoslovakia did the same in 1989. 45 Without a doubt the Soviet Union began to collapse. Ethnic and national tensions got worse dramatically during 1989 to 1991. 46 There was heavy controversy between Georgia, Azerbaijan, Moldavia, and Kirghizia. 7 The Soviet government responded by sending troops to these regions to restore order. All 15 of the republics proclaimed that their laws were more superior than those of the central government. During 1989 to 1990, Lithuania, Latvia, Estonia, Armenia, Geor gia, and Moldavia all confirmed that they were going to separate from the USSR. 48 However the Soviet government did not recognize any of these independence claims and in 1990 Soviet troops stormed various communications facilities in Lithuania and Latvia. 49 During 1988-89, Gorbachev implemented various governmental reforms that radically changed he way in which the Soviet Union was ruled. 49 He persuaded the Communist party to relinquish its monopoly on political power and to recognize the authority of the new Supreme Soviet and the newly created Congress of People’s Deputies. 50 Also, the government created the office of president vested it with broad executive powers. Gorbachev was elected to that position in 1989. 51 The government approved a variety of economic reforms aimed at introducing a market-based economy. These measures included the legalization of private businesses and the reduction of state subsidies for many industries.Numerous economic problems followed, in cluding high inflation and shortages of many goods, in particular food. 52 Meanwhile, democratic reform movements arose in eastern European countries and the legitimacy of Communist rule was challenged. Gorbachev rejected the â€Å"Brezhnev doctrine† 53 and made little effort to support the Communist governments in these nations. Most of them either collapsed or were reconstituted as democratically oriented regimes with the Communist party in a minor role. Gorbachev’s hands-off policy made possible the reunification of Germany in 1990. 4 East Germany in 1989 removed its communist leaders55; the Berlin Wall came down and full German unification occurred in 1990. 56 In 1991, Gorbachev negotiated a power-sharing treaty with most of the union republics. 57 In August, before the treaty was signed, a group of hardline Communists overthrew Gorbachev and seized control of the government. 58 The coup failed very fast because of the large amount of opposition led by Boris Yeltsi n and the failure of important military units to support the coup. Gorbachev survived the attempted coup because of popular support and eventually returned to power.The failed effort led to renewed attacks on the Communist party and to independence movements by minority nationalities. The only violence occurred in Romania when an authoritarian ruler was overthrown. The Communists retained power, through elections, in Bulgaria and Romania. In addition, Gorbachev quit his position as general secretary. 59 A new transitional government designed to give more power to the 15 republics was established. Nationalism continued to rise among the republics. In September of 1991, the Soviet government noticed that Lithuania, Latvia, and Estonia were all independent. 0 By November, practically all the rest of the republics had proclaimed their wish for independence from the Soviet Union but at the same time to keep a unified economic economy. On December 8th, Russia, Ukraine, and Byelorussia for med a loose confederation known as the Commonwealth of Independent States, 61 otherwise known as the CIS. By the end of that same month, around December 21, all of the rest of the republics joined the CIS, except for Georgia. 62 In The Baltic republics declared independence and other regions threatened to secede.By the end of 1991 the Soviet Union had been replaced by a loose union of republics. 63 Gorbachev became very unhappy and on December 25, 1991, Gorbachev resigned as president of the Soviet Union. 64 This ultimately ended the nation. The Communist party was dissolved. Continuing uncertainty showed in 1993 when Yeltsin clashed with the parliament. 65 Yeltsin and the army triumphed and elections followed to produce another constitution. In the midst of continuing political confusion two trends predominated: the economy was weak and there was a breakdown of values and discipline.Crime flourished and growing economic class divisions threatened stability. The new situation in Eas tern Europe was marred by ethnic clashes. Yugoslavia fell apart and brutal fighting broke out among its former components. The new governments faced serious economic and environmental problems. Communist parties in Poland and Hungary won elections in 1993-199466 because of economic grievances, but did not attempt to restore the former system because of agitation among minority nationalities; some demanded independence.Although there were several changes over the last decade in Eastern Europe, the 20th century brought fewer changes. The Soviets claimed they were allowing equality for women, but never actually did. 67 They also had negotiated a federation between republics, but minority nationalists were constantly under ethnic Russian control and continued to want to be in charge of their own affairs. However religion maintained a dominant role in the state. People continued to be interested in Western culture, especially in the east European nations. 8 Components of the communist pa st survive still survive to this very day. The loss of superpower status is resented and the prospects of democratic leadership are insecure. East Europeans whole-heartedly value the benefits of communist welfare social protections and social inequality limits, hoping to combine such ideas with capitalist tendencies. The Russian emphasis on authoritarian government with extreme centralization of power remained. The emphasis on territorial acquisition was maintained with the domination of Eastern Europe after 1945. 9 Among the continuities were a sense of cultural isolation from the West, Russian ethnic domination over minority ethnic and religious groups, and the predominance of the novel as a literary form. Among the differences were the destruction of the powerful landholding aristocracy, the lack of emphasis of the role of Orthodox Christianity, the creation of an industrialized society with a social hierarchy, the presence of household patterns typical of an industrialized state , the attempt to introduce â€Å"socialist realism†70 into the arts, and the collapse of isolation

Evaluate the effectiveness of the responsive regulation model with reference to the regulatory powers and responses available under the Consumer Protection from Unfair Trading Regulations 2008.

Introduction Regulating consumer and commercial law has proven extremely difficult, especially in the new digital age where online trading has advanced significantly over the years.[1] There is now more likelihood that consumers will be subjected to unfair and unlawful trading practices and so it is vital that all corporations are being regulated effectively. This will enhance consumer confidence and will have a beneficial effect upon the market in general. It has been said that markets work best when consumers have confidence in the corporations they are dealing with, yet the increase in rogue traders has significantly diluted such confidence. At present much confusion exists as to how regulators should control corporations in order to ensure that they are complying with the obligations that have been imposed upon them. Consequently, the powers that have been provided to regulators under the Consumer Protection from Unfair Trading Regulations 2008 appear somewhat ineffective on the basis that th ey still do not provide sufficient protection to consumers. This study will therefore consider whether the influential model of ‘responsive regulation’ that was proposed by Ayers and Braithwaite will be more effective in ensuring compliance of all corporations. This will be reviewed in light of the 2008 Regulations and consideration as to whether consumers will be better protected under the new model will be made. In doing so, an overview of consumer protection will first be provided, followed by a review as to how effective the 2008 Regulations. Once this has been done, the responsive regulation model will then be analysed and consideration of its effectiveness will be made. Consumer Protection A consumer has been described in Lloyd Shuhfabrik Meyer & Co GmbH v Klijsen Handel BV[2] as an individual or group of individuals that consumes goods and services generated within a social system. Concerns have been raised in recent years as to whether consumers are being adequately protected from unfair and illegal trading practices.[3] Hence, it has been argued that the current regime dealing with consumer protection is ineffective in that regulators do not deal with wrongful or fraudulent traders in an appropriate manner. As shown in Macaulay v Scroeder Publishing Co Ltd[4] and Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd[5] parties to an agreement often have unequal bargaining power, which highlights the importance of being able to provide protection to vulnerable consumers. Companies will have greater knowledge of the industry than private consumers and so it is integral that regulators are capable of provided appropriate protection to consumers in the event of unfairness. As noted by Lord Denning in Lloyds Bank v Bundy;[6] â€Å"many of the traditional defences to contract enforcement were properly seen as merely exemplary of a general doctrine of ‘inequality of bargaining power’ and all provided testimony to the fact that the age of laissez faire was outwearing its judicial welcome.†[7] This demonstrates how a free market economy no longer exists as there is often an ‘inequality of bargaining power’ resulting in the need for vulnerable parties to be provided with more protection than they have required in the past. Consumer Protection from Unfair Trading Regulations 2008 The Consumer Protection from Unfair Trading Regulations 2008 was established in order to act as a safeguard for consumers against unfair trading practices. These Regulations implemented the Unfair Commercial Practices Directive 2005/29/EC (UCPD) which intended to provide regulators with the power to impose obligations upon corporations to trade fairly. Various consumer protection laws were replaced by these Regulations as the consumer protection regime prior to 2008 was deemed unsatisfactory in protecting consumers.[8] As put by the Office of Fair Trading: â€Å"The Regulations introduced a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers.†[9] Although the Regulations address business to business practices, the primary focus was on the protection of private consumers as identified in Office of Fair Trading v Purely Creative Ltd and Others.[10] Corporations found to be in breach of the Regulations may have crimin al sanctions imposed upon them by regulators and, as noted by Worthington and Britton, these â€Å"extend criminal liability beyond simply misleading practices to include, in part, aggressive practices such as coercion and harassment.†[11] The regulatory powers and responses of regulators are therefore considered more effective under these Regulations as corporations will now be more likely found liable for adopting unfair and unlawful practices than they would have in the past. This provides greater protection to consumers who will be a lot more confident when entering into commercial transactions. These Regulations were thereby said to â€Å"herald a new era in consumer regulation,†[12] especially where online transactions are concerned as there was a great reluctance to purchase goods or services on the internet for fear of unfairness being created.[13] In Tiscali UK Ltd v British Telecommunications Plc[14] it was noted that the Regulations â€Å"make it easier for traders based in one Member State to market and sell their products to consumers in other Member States.†[15] This is economically beneficial in that it contributes to the growth of the internal market. Conversely, not all agree that the Regulations are effective and instead believe that online trading still poses many risks.[16] This is mainly due to the fact that not all e-traders are a signatory to the Regulations and as such regulators will be unable to control many cross-border transactions. As a result, it is imperative that consumers are aware of the risks when purchasing goods or services onli ne and should only purchase from those traders who are a signatory to the Regulations. This should be easy to identify because traders will be prohibited from claiming that they are a signatory to the Regulations if they are not.[17] Regardless of this it seems as though the Regulations are not as effective when it comes to the protection of consumers as it was hoped. Furthermore, even if protection is acquired under the Regulations, there is no guarantee that consumers will be compensated. This is because there is no direct right to claim compensation and instead consumers have to rely on existing civil law. [18] Responsive Regulation Model The current law therefore appears out of date, complicated and too extremely restrictive[19] and therefore highlights the need for further changes to be made. A number of proposals have been put forward to rectify the current problems that exist, yet the extent to which these are viable is a debatable subject. Differing views as to how Regulators should deal with corporations to ensure compliance exist between â€Å"those who think that corporations will comply with the law only when confronted with tough sanctions and those who believe that gentle persuasion works in securing business compliance with the law.†[20] A model of ‘responsive regulation’ was thereby proposed by Ayers and Braithwaite which adopts a responsive approach by enforcing compliance strategies at first and then applying more punitive deterrent responses later on if the regulated corporation fails to comply with their obligations. They believed that corporations would be more likely to comply i f an explicit enforcement pyramid was in place. An enforcement pyramid would thus include a range of enforcement sanctions ranging from persuasion, warnings and civil penalties to criminal sanctions, licence suspensions and licence revocations.[21] Consequently, it would be presumed under this model that regulators would always start at the bottom of the pyramid and then work their way up for more serious compliance failures. This model appears to replace blanket commitments with deterrence and compliance models and has been viewed as â€Å"hugely influential worldwide.†[22] This model is currently being employed by many different governments and regulators and has since been expanded upon by Braithwaite into a comprehensive regulatory and democratic ideal, which incorporates notions of deliberative democracy and restorative justice.[23] This responsive regulation model does appear to be more effective than the approach that is currently being taken under the 2008 Regulations since there is no guarantee that consumers are being provided with appropriate protection. This is due to the fact that there is a lack of compensation being provided to consumers and regulators are likely to be a lot more lenient when it comes to sanctioning corporations.[24] Under the pyramid model, corporations will be most likely to adopt a self-regulatory approach to ensure compliance. This is because corporations will be aware of the consequences that will be imposed if they do not comply with their obligations and will have been given a number of chances to change any unfair practices that have been assumed. The Australian Law Reform Commission believes that this is the ideal approach since regulators have access to severe punishments if needed and are able to persuade corporations to undertake appropriate behaviours to ensure compliance.[25] This approach promotes self-regulation and provides corporations with the ability to change, through effective persuasion, before the use of penalties arises. Only those who ignore the persuasive practices of regulators will be penalised, which ensures that only corporations who deserve to be punished will be.[26] On the other hand, it has been argued that voluntary compliance at the bottom of the pyramid may prove impossible as a result of the constant threats of more punitive sanctions at the top.[27] Furthermore, it cannot be said that corporations will actually respond to the pressures imposed by regulators since it has been said that corporate behaviour is not driven by regulatory pressure but rather cultural or competitive pressures.[28] In accordance with this, it could be suggested that the responsive regulation model will be appropriate for many corporations, though there will be some corporations where this approach will be ineffective. It would therefore be better for corporations to be analysed individually in order to consider what the best approach would be to ensure compliance since there will be certain circumstances whereby the pyramid approach will not be appropriate.[29] An example would be where there are potentially catastrophic risks that are being controlled. Here, it wo uld not be appropriate to use a step by step approach to regulation since the regulator would need to go straight to the top of the pyramid when choosing an appropriate sanction. Conversely, there may be a situation whereby the risk is minimal and so mere persuasion would be needed. This situation is ideal for the responsive regulation model, though the former is not. Arguably, whilst the responsive regulation model may be better at ensuring compliance with consumer protection laws than the current 2008 Regulations are in some situations, this will not be the case for every situation. Nevertheless, given the criticisms for both approaches, it appears as though some reform to this area is needed if the regulatory approaches that are currently being adopted are improved. Conclusion The current consumer protection regime is extremely complex when it comes to ensuring that corporations are complying with their obligations. As a result, consumers are still being put at risk when entering into commercial transactions. Although the Consumer Protection from Unfair Trading Regulations 2008 attempted to act as a safeguard for consumers against unfair trading practices, it cannot be said that these are being fully realised. This is because of the limited powers that are provided to regulators when imposing sanctions upon corporations. Consequently, it seems as though further changes need to be made to the existing regime in order to guarantee the protection of consumers. Ayers and Braithwaite model of responsive regulation does provide regulators with appropriate powers to imposes relevant sanctions upon corporations, whilst at the same time providing them with the ability to make necessary changes. This step-by-step approach does appear fair in that corporations are in itially given the chance to rectify their non-compliance activities. Nevertheless, because this model will not be applicable to all corporations, it has been considered largely ineffective in making sure that corporations actually respond to regulatory pressure. Corporations should therefore be analysed individually in order to consider what the best approach to take would be. This will prevent unfairness and will enable consumers to have greater confidence when entering into commercial transactions. This will be a lot more beneficial for the economy overall and online trading will be likely to increase even further. 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