Examining a Witness; Memory Refreshing - Free Essay Example

Sample details Pages: 8 Words: 2536 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? à ¢Ã¢â€š ¬Ã…“The rules relating to refreshing memory allow a witness, who has forgotten everything about an incident, to still provide testimony. To that extent it subverts the purpose of examining a witness as it means they cannot be properly questioned about their recollection since they are testifying about what they are reading and not what they rememberà ¢Ã¢â€š ¬Ã‚ . To what extent do you agree with this statement? Introduction The general rule is that witnesses are not permitted to give oral evidence by reading out written statements that were prepared at an earlier time.[1] However, a witness may be permitted to refresh his/her memory from a document whilst testifying, particularly if his/her memory of an event is poor.[2] This essay considers whether the rules relating to refreshing memory subvert the purpose of examining a witness. Don’t waste time! Our writers will create an original "Examining a Witness; Memory Refreshing" essay for you Create order The essay starts by considering the common law and statutory rules relating to the refreshment of memory. Finally, the essay considers whether the rules relating to the refreshment of memory subvert the very purpose of examining a witness. The rules relating to refreshing memory The law allows for witnesses to refresh their memories if they become forgetful. Such law is a combination of common law and statute. The common law makes a broad distinction between refreshing memory out of court and in court. At common law, a witness may refresh his/her memories from documents out of court before testifying.[3] Indeed, it is common practice for a witness to be shown his/her statement before giving evidence. It is courtesy to also inform the other side that this has happened. However, refreshing memory out of court must not represent an opportunity for witnesses to compare their statements or get their heads together to decide what to say[4] or to discuss the evidence they may give eve n if this takes place under the guise of a case conference by the police.[5] In Da Silva,[6] the Court of Appeal held that a judge has discretion to decide whether to allow a witness to refresh his/her memory out of court after commencing his/her testimony, provided that certain conditions were satisfied. However, in South Ribble Magistrate Ex. p. Cochcrane,[7] the court held that the conditions were not prerequisites to be fulfilled. In G. (Joel) (a Juvenile) (No. 1),[8] Henry, L.J. stressed that there were no fixed or immutable rules which must be followed before a witness may refresh his/her memory from an earlier document. This process has now been simplified by section 139 of the Criminal Justice Act 2003 (à ¢Ã¢â€š ¬Ã…“CJA 2003à ¢Ã¢â€š ¬Ã‚ ), considered below, which merely requires any document to have been made at an earlier time rather than contemporaneously. At common law, a witness may refresh his/her memory in court from a document, provided that the document wa s made contemporaneously with the events in question, and was made or verified by the witness.[9] This does not mean that the document must have been made simultaneously with the event(s) at the first subsequent opportunity. For the purpose of the rule, it is sufficient, à ¢Ã¢â€š ¬Ã…“if the writing was made or verified at a time when the facts were still fresh in the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s memory.à ¢Ã¢â€š ¬Ã‚ [10] The common sense principle underlying the common law rule for refreshing memory whilst testifying from a statement in a document is that the quality of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence is likely to be improved if the witness is allowed to use a statement made near the time as an aide-mÃÆ' ©moire. The same principle underlines section 139(1) of the CJA 2003, which sets out a different rule for refreshing memory. In criminal proceedings, the common law rule has not been repealed, but has in effect been replaced, and relaxed, by section 139(1) of the CJA 2003. Section 139(1) drops the common law requirement that the statement should be contemporaneous with the matters it deals with. It provides that a witness giving oral evidence in criminal proceedings about any matter may at any stage refresh his/her memory from a document made or verified by him/her at an earlier time if two conditions are satisfied. The witness must state in his/her oral evidence that the document records his/her recollection of the matter at the earlier time, and that his/her recollection of the matter is likely to have been significantly better at that time than it is at the time of his/her oral evidence. Section 139(2) has also supplemented the common law rule by providing for the refreshing of memory from a transcript of a sound recording. Under both the common law and section 139(1), the evidence is the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s oral testimony, not the document used to refresh. Where the use of the document does not in fact revive a hazy or forgotten m emory, there is no artificiality involved in maintaining this position. However, the common law doctrine of refreshing memory also extends to the case where the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s memory of the event does not revive, but the witness is prepared to testify to it on the basis that the contemporaneous record is accurate.[11] The doctrine of refreshing memory operates as a benevolent fiction in type of cases such as Maugham v Habbard.[12] The court in effect permits the witness to give reliable hearsay evidence, on the basis that the witness is prepared to vouch for the accuracy of the contemporaneous record. It is consistent with this function that the common law requires a document used in this type of case to refresh memory to be original.[13] In other cases, the witness may revive memory from any contemporaneous document made or verified by him/her. Section 120 of the CJA 2003 contains a useful provision to take account of this point about the hearsay use of documents whe re the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s memory is not in fact refreshed by reference to the document. This eliminates some of the need to rely on the fiction just described. Section 120 creates a new rule of admissibility of statements of past recollection recorded. This applies only to statement made by the witness, not to statement verified by him/her. When the statutory provision applies the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s statement will be the oral testimony plus the earlier hearsay statement. However, section 120 is not without interpretative difficulty as it omits to spell out in exactly what circumstances documents employed to refresh memory will become admissible as evidence of matters stated, either when the attempt to refresh the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ memory is unsuccessful or where portions of the document are not used for that purpose.[14] Do the rules relating to refreshing memory subvert the purpose of examining a witness? The purpose examination-in-chief is to elicit f rom the witness facts that support that partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s case.[15] Cross-examining the witness provides the accused with an opportunity to confront the evidence against them. Its purpose is to elicit facts that are favourable to the cross-examiner and to test the veracity of, or discredit, the witness.[16] Re-examining re-establishes the credibility of the witness if this was shaken by the cross-examination.[17] Thus, examination of a witness enables the trier of facts to ascertain the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge as to the facts in dispute between parties. Its major purpose is to discover the truth about the event in question. It has been argued that cross-examination is not a means of getting to the truth.[18] However, such criticisms must be placed alongside the importance of putting the defence version of events to witnesses and to the court.[19] Cross- examining a witness is within the notion of a fair trial by which the accused has a right to examine, or to hav e examined, witnesses who are used to against them.[20] The assumption of examining a witness is that by observing and listening to a witness, the trier of facts is more able to assess the weight to be attached to the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence than by reading from a document.[21] Thus, when examined in chief, the witness would generally be expected to answer the questions from memory without the benefit of any written statements. However, à ¢Ã¢â€š ¬Ã…“it would be unrealistic to expect the witness to recall every detail of the event with precision without assistance.à ¢Ã¢â€š ¬Ã‚ [22] Originally, the common law tended to regard giving evidence as a memory test and frowned on the idea that a witness should be able to refresh his/her memory from his/her earlier statement.[23] Given that it may be many months between the incident and trial and the fact that witnesses such as police officers gave evidence in many different cases, such an approach made no sense and the co mmon law retreated from it during the second part of the last century.[24] The rationale for permitting reading a statement before testifying is that, if refreshing the memory were prohibited, testimony in the witness box would have become little more than a test of memory rather than of truthfulness. It would have been impossible to police and this would have created difficulties for honest witness but do little to hamper dishonest witnesses.[25] In Richardson,[26] Sachs L.J. approved some concise comments of the Supreme Court of Hong Kong that à ¢Ã¢â€š ¬Ã…“Testimony in the witness box becomes more of a test of memory than truthfulness if witnesses are deprived of the opportunity of checking their recollection beforehand by reference to statements or notes made at a time closer to the events in question.à ¢Ã¢â€š ¬Ã‚ [27] Thus, the willingness of the courts to permit refreshment of memory out of court is understandable. However, Choo argues that there is a danger for the pra ctice in this area to become too unregulated.[28] He suggests for the need to introduce a Code of Practice that would govern practices and procedures in the area. Contemporaneous notes made by a witness are likely to be fuller and more accurate than his/her memory at a trial many months after the event. Moreover, contemporaneous notes, if referred to, may help to stimulate the memory to recall further facts not contained in the notes which would not otherwise have been recalled. However, there may be dangers involved. The notes may create a spurious impression of a vivid recollection.[29] Inaccuracies in perception and memory may become crystallised. The witness may believe s/he remembers the incident but in truth only remembers his/her record of it.[30] The testimony of an untruthful witness may be given an enhanced credibility and s/he may be able to tailor his/her evidence to fit in with his/her notes.[31] Of course, in certain circumstances, it should be possible for a per son to refresh their memory of events. The difficulty is that it is more often used by professional witnesses who are generally not the ones who are most problematic. This practice was commonly used by police officers who produced and read from their notebooks, which contain the information about the incidents that they wrote down at the time. The problem is that notebooks and other such documents are hearsay and not admissible as evidence in their own right. This bizarre process attempts to avoid the consequences of the hearsay rule more than an aid to recollection.[32] This is particular in cases where the document does not stimulate the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s present recollection at all but where the witness accepts that his/her past recollection must have been as recorded in the document.[33] However, in civil proceedings, these contortions are unnecessary as the notes would be admissible evidence under the Civil Evidence Act 1995. In criminal proceedings, this is now gov erned by section 139 of the CJA 2003. However, this provision does not replace the common law. Rather, it affects the conditions that have to be met before the witness can use the document as an aide-memoire whilst testifying. The common law requirement of contemporaneity was not strict but, despite its justifications, it has been jettisoned by section 139 which merely requires that the statement was made or verified at an earlier time. Thus, the police officer who observes an incident and a short time later in the station writes up the observations in a notebook will always be allowed to refer to them. The rules relating to refreshing memory may not necessarily subvert the purpose of examining a witness because the primacy of oral testimony and the principle of confronting oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s accusers have both been chipped away in recent years. In civil proceedings, there is less emphasis on oral testimony as only those matters in dispute need to be proved. There is greater reliance on documentary evidence and hearsay evidence has become generally admissible so that the witness does not need to be present in court unless required to be there for cross-examination. Further, even where the witness is in court, a witness statement can be adopted as his/her evidence in chief.[34] In criminal proceedings, there are more circumstances where written statements or recordings can be admissible as evidence.[35] Conclusion Given the difficulty often experienced by witnesses in recollecting the events to which their evidence relates, the common law evolved to allow a witness to refresh his/her memory from a document made or verified by him/her at an earlier time. The common law rules have been supplemented and, in part, superseded by the section 139 of the CJA 2003.The rules relating to refreshing memory does not subvert the purpose of examining a witness. The process of testifying should not be treated as a test of memory but a process designed to test the honesty and reliability of a witness. Nonetheless, the scope of use of the rules relating to memory refreshing has diminished by the reason of the growth in the categories of admissible hearsay and the introduction of rules permitting a witness statement to stand as a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence-in-chief unless the court orders otherwise. 1 [1] G. Durtson, Evidence: Text and Materials (OUP 2008) 292 [2] Ibid 293 [3] Richardson [1973] 2 Q.B. 484 [4] Ibid [5] Skinner (1994) 99 Cr. App. R. 212 [6] [1990] 1 ALL ER 29 [7] [1996] 2 Cr. App. R. 544 [8] [2002] EWCA Crim. 01 [9] A. Keane, J. Griffiths and P. McKeown, The Modern Law of Evidence (8th edn, OUP 2010) 163 [10] Attorney-Generalà ¢Ã¢â€š ¬Ã¢â€ž ¢s Reference (No. 3 of 1979) (1979) 69 Cr. App. R. 411, 414; see also Simmonds [1969] 1 Q.B. 685 [11] See Maugham v Habbard (1828) 8 B C. 14; Topham v McGregor (1844) 1 Car. Kir. 320 [12] (1828) 8 B C. 14 [13] Doe d Church and Phillips v Perkins (1790) 3 Term Rep. 749; Harvey (1869) 11 Cox C.C. 546 [14] R. Munday, à ¢Ã¢â€š ¬Ã…“Refreshing Memory: Previous Statements that fails to Revive Witnessesà ¢Ã¢â€š ¬Ã‚  (2012) 176 JPN 213; P. Mirfield, à ¢Ã¢â€š ¬Ã…“Evidential Memory, Forgetfulness and Identificationà ¢Ã¢â€š ¬Ã‚  (2013) 129 LQR 157 [15] J. Linda and M. Ramjohn, Unloc king Evidence (Hodder Education 2009) 134 [16] Ibid [17] Ibid [18] See J. Spencer and J. Flin, The Evidence of Children: The Law and Psychology (2nd edn, Blackstones 1993) 278-79 [19] S. Uglow, Evidence: Text and Materials (2nd edn, Sweet Maxwell 2006) 472 [20] See European Convention on Human Rights, Art. 6(3)(d) [21] Uglow, Evidence: Text and Materials (n. 19) 437 [22] Linda and Ramjohn, Unlocking Evidence (n. 15 ) 135 [23] P. Huxley, Evidence: The Fundamentals (2nd edn, Sweet Maxwell 2010) 56-57 [24] Keane, Griffiths and McKeown, The Modern Law of Evidence (n. 9) 163; P. Murphy, Murphy on Evidence (11th edn, OUP 2009) 571 [25] Linda and Ramjohn, Unlocking Evidence (n. 15) 140 [26] [1971] 2 Q.B. 484 [27] Lau Pak v R [1966] Crim. L.R. 443 [28] A. Choo, Evidence (3rd edn, OUP 2012) 76 [29] M. Newark and A. Samuels, à ¢Ã¢â€š ¬Ã…“Refreshing Memoryà ¢Ã¢â€š ¬Ã‚  (1978) Crim. L.R. 408 [30] Ibid [31] Ibid [32] Uglow, Evidence: Text and Materials (n. 19) 443 [33] See Maugham v Habbard (1828) 8 B C. 14; Topham v McGregor (1844) 1 Car. Kir. 320; Kelsey (1982) 74 Cr. App. 213 [34] See Civil Evidence Act 1995, s. 6 [35] See, for example, Criminal Justice Act 1967, s. 9 and 10; CJA 2003, ss. 116 and 117

The Ethical Dimension Of The Demise Of Enron Corporation

This paper explores the ethical dimension of the demise of Enron Corporation an reflection of author, placed in hypothetical situations. Accounting Fraud and Management philosophy will be the main discussion topics, along with the motivations of fraud. The fall of Enron can be directly attributed to a violation of ethical standards in business. This makes Enron unique in corporate history for the same actions that made Enron on of the fastest growing and most profitable corporations, at the turn of the 21st century, also bout about its destruction. This paper does not explore legal consequences, only the ethical dimension of Enron’s actions. Enron Corporation: Ethics Case Study and Personal Reflection Capitalism is an amoral system that follows protocol of mechanical laws of supply and demand. Over the course of two centuries our country has tried to introduce ethics and morality into economic constructs. Anti-trust, labor laws, and regulation have been our attempts to introdu ce an ethical element into an otherwise unfeeling system of exchange. The reason, an attempt to reduce damage that is possible by the manipulation of capitalism. And to not only to create an even playing field but keeping the field from reverting back to being occupied by serfs. Corporations offer many benefits to society, increased supply of goods, tax revenue, jobs†¦etc. They can also cause damage as in the case of Enron Corporation. Brief History of Enron Enron Corporation was an AmericanShow MoreRelatedAccounting System Failures and Enron2835 Words   |  11 PagesAccounting System Failures and Enron Introduction: The 1990s say the United States enjoying unprecedented economic growth This would be led largely by the enormous profitability experienced by swelling corporate entities and multinational conglomerates. And at the height of this period of economic dynamism, it did appear that these corporate entities were leading the charge toward a new national prosperity. Sadly, the decade immediately thereafter would prove much of this unbridled success toRead MoreCarrolls pyramid of Corporate social responsibility: A review and modification1943 Words   |  8 Pagesmanagers see the different types of obligations that society expects of businesses. It is easily understandable and simple. However, the new challenges faced by corporations in the 21st century have warranted a re-examination of Carrolls pyramid. Carrolls CSR PyramidCarrolls four part CSR pyramid depicts the economic, legal, ethical and discretionary responsibilities that society expects of organizations. Carroll has integrated concepts of stakeholders and corporate citizenship into his pyramidRead MoreWalmart and Corporate Image3262 Words   |  14 Pageson the practices and programs the organization has to offer. Corporations that define and establish a clear and concise vision statement gain both competitive advantage and the loyalty of their employees. A strong corporate image will help to attract the best leaders in the market. When a company has a negative image, qualified people are not as easily attainable. This in turn can create a cycle that will lead to the overall demise of an organization. A company with a strong vision, which is acceptedRead MoreEnron Case Study5921 Words   |  24 PagesEnron Case Study [pic] Part A: Problem Focused Analysis and Recommendations. 1. Brief Case Background. List key events, use timeline. Case Background At one time Enron was one of the world’s largest producers of natural gas, oil, and electricity. It also appeared to be one of the most profitable companies, taking shareholders from $19.10 in 1999 to $90.80 by the end of 2000. Enron’s top management answered to a Board of Directors whose responsibility was to question and challenge new partnershipsRead MoreEthical Misconduct7357 Words   |  30 PagesEthical misconduct prevalent in workplace Internal Auditor, Dec, 2005 by A. Millage †¢ 1 †¢ 2 †¢ Next  » DESPITE AN INCREASE IN the number of formal ethics programs in the workplace, ethical misbehavior is on the rise. According to a recent survey by the Ethics Resource Center (ERC), more than half of 3,000 U.S. workers polled have observed at least one type of ethical misconduct in the past year. The 2005 National Business Ethics Survey (NBES) sought workers opinions on workplace ethicsRead MoreNature of Strategic Management13243 Words   |  53 PagesIf business is not based on ethical grounds, it is of no benefit to society and will, like ail other unethical combinations, pass into oblivion. C. MAX KILLAN If a man take no thought about what is distant, he will find sorrow near at hand. He who will not worry about what is fat off will soon find something worse than worry. CONFUCIUS It is human nature to make decisions based on emotion, rather than on fact. But nothing could be mote illogical. TOSHIBA CORPORATION No business can do everythingRead MorePolitical Risk Management and Insurance: A Contextual Comparison12751 Words   |  51 Pagesrole of the Multilateral Investment Guarantee Agency (MIGA) - which is part of The World Bank Group will be analysed as the case of the supranational approach to political risk management through guarantee/insurance. Overseas Private Investment Corporation (OPIC) of the United States as the biggest of the national agencies - will demonstrate the state/ national concept through guaranteeing business ventures abroad, thereby offering another option to MNCs in managing political risk. The private sectorRead Moreeconomic15014 Words   |  61 Pagesfraud, and facilitate capital budgeting and forecasting. â‘ ¤ Explain how human resources information systems (HRIS) improve business-to-employee (B2E) communications, workforce productivity, and compliance with federal employment laws; and discuss ethical issues related to the use of HRIS data. QUICK LOOK at Chapter 9, Functional Area and Compliance Systems As a manager, you ll be involved in the interrelationships among various functions within the organization. Business functions are connectedRead MoreHbr When Your Core Business Is Dying74686 Words   |  299 Pageso div an gies t de o e e ma sing our ener , hav a 1992 by incre ce †¢ Sin further go 4%. by 2 n: Take eps g St o brin vron ear t Che nay billio CHEVRON is a registered trademark of Chevron Corporation The CHEVRON HALLMARK and HUMAN ENERGY are trademarks of Chevron Corporation  ©2006 Chevron Corporation A l rights reserved APRIL 2007 Features 58 What Your Leader Expects of You Larry Bossidy A longtime CEO reveals the behaviors that leaders should look for in their subordinates – behaviorsRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesBalance Work–Life Conflicts 21 †¢ Creating a Positive Work Environment 22 †¢ Improving Ethical Behavior 22 Coming Attractions: Developing an OB Model 23 An Overview 23 †¢ Inputs 24 †¢ Processes 25 †¢ Outcomes 25 Summary and Implications for Managers 30 S A L Self-Assessment Library How Much Do I Know About Organizational Behavior? 4 Myth or Science? â€Å"Most Acts of Workplace Bullying Are Men Attacking Women† 12 An Ethical Choice Can You Learn from Failure? 24 glOBalization! Does National Culture Affect

Multinational Retail Chain Business

Question: Describe about the Essay for Multinational Retail Chain Busines. Answer: Introduction Marks Spencer (MS) is a multinational retail chain business founded in 1884. Over the years the business house has survived dramatic changes and has been able to retain its position as one of the leading brands in the global market. Born in United Kingdom (UK), MS runs as many as 1382 stores globally out of which 914 outlets run in UK. The company caters products like clothing, home dcor, gifts, and food. Nonetheless, the world goes gaga over the companys food and clothing due to its valued quality, innovative designs and premium pricing rates. There are 83,069 numbers of lives employed worldwide under the business unit. Marks Spencers food business is alone accountable for providing 58 % of the entire turnover while the other 42 % of the turnover is contributed by the clothing and home dcor products (Campbell and Rahman, 2010). Inside the Organisation and Current Information A particular business enterprise functions in two environments- the internal and external. The business unit holds control over the internal environment as the factors related can be controlled by the organization. The factors upon which the internal environment of Marks Spencer depends are the quality of products and services catered, corporate social responsibility and ethical considerations, employees, structure of the management committee, the companys liabilities and the expenditures, set of policies, corporate culture, skill management, role management aspects, customer service and others. Among these there are factors that are strengths and weaknesses, which the business organisation deals with from time to time (Balmer, 2006). Nonetheless, Marks Spencer has its own set of strengths and weaknesses which are as followed: Strengths The company focuses on catering innovative quality products to its consumers which makes the company a favourite amongst its customers. Be it the food, apparel or home furniture, the consumers are satiated with the premium quality, innovation and labour that MS puts (Hallbauer, 2008). Marks Spencer possess a strong corporate social responsibility (CSR) reputation as according to the Plan A (2015) Report of the company, it is noted that MS performs carbon neutral operations (Bevan, 2007). The organisational structure of MS is somewhat flat which renders it unique characteristics of taking prompt decisions in demanding situations. Too much authoritative layers of the employees have been shed which has allowed the remaining workers to be more accountable than before thereby working in groups (Harris, 2008) Marks Spencer always strives towards providing a class customer service to its targeted consumers. Staying at par with the tech savvy world, the company offers so many functional links and sites for its consumers, who can always shop online, give feedback, query regarding any products, find the store, earn loyalty points and rewards, and voice their complaints online, refunds of money, use M S banks and others (Chang and Lee, 2007). The employees are the assets to the organisation because not only the company trains its employees but also look after their needs through the implementation of training sessions, competitive remuneration, bonus schemes and work flexibilities (Campbell and Rahman, 2010). Weaknesses Though marks Spencer employs innovation and quality on its line of clothing, but the company is observed to be suffering a great blow in case of its clothing business. The summer and spring collections exhibit a poor demand from its targeted consumers (Ruddick, 2015). There is a loss in the market share of MS thereby causing lack of competitiveness in pricing affairs. The companys clothing prices compared to that of other brands like Next and Debenhams are almost 20% higher which has been a prime reason for market share shrinkage (Bevan, 2007). BBC reported during 2013, the general merchandise sales shrunk to a 3.8 % though the company boomed in food business. Especially the 11 % market share that is occupied by the woman clothing line of MS is noted as one of the weakest spots according to the financial analysts (BBC News, 2013). The companys research and development team is also put to question as it exhibits that MS did not conduct effective market research prior to entering the foreign countries. For example, the venture encountered with DAlliards did not prove fruitful as an international business activity resulting in sale of DAlliards (1996) (Parry and Hansen, 2007). MS faced hurdles in the business due to their selection of partners. The company allied with diverse partners in different locations due to which the business house went through several shut down of stores phase. For example, during 1999, the agreement with Portuguese franchisee was discontinued (Hallbauer, 2008). Performance It is noted that the performance of a particular organisation depends on certain factors such as organisational structure, corporate culture, leadership qualities, corporate governance and others. MS also shows similar trends and thus these factors will be discussed briefly (BBC News, 2013) Good/ Bad performance Marks Spencer is still acknowledged as one of the leading brands in UK as the company makes a commitment to deliver sustainable value towards their related stakeholders. Both the annual reports of 2000 and 2001 display the overall performance is disappointing. The equity ratio return as well as the per share earnings of the financial year 2000-2001 was almost zero due to very less profit ( 1.3m) made by the company. Moreover, the sales in the general merchandise segment (women clothing, men clothing, children wear, home products, and lingerie and beauty products) of the company depicted a fall and thus the operating profit also exhibited a fall in the above mentioned year. It was further speculated that the selling price minimised by 2.5 % also was one of the reasons for the fall in sales (Campbell, 2000). Nonetheless, the annual reports (2000) showed the company earned better profits in their international business segment except for the continental Europe segment. Marks Spencer deals with the financial services like offering the account cards, personal loans, pensions and others. The sales transactions of the charge card as noted got reduced from 26 % to 22 % in the year (2000). Further the company proclaimed a steep cut in the dividends during may, 2000 which was a blow to the shareholders. Luc Vandevelde, the then executive chairman pleaded to the shareholders to hold on to their grounds without losing faith upon the company as it was a transitional phase since the traditional retail company was about to transform into a multi channel retail business enterprise (Buckler, 1996). Leadership and Senior managers When it comes to incorporating leadership strategies, the company possess a fine line of officers and executives who are harnessed with leadership skills, qualities and remarkable experiences. Michael Marks and Tom Spencer gave birth to this organization. Marks started selling products and items on a small stall in Leeds, London. Gradually within 6 years, it became a company which run 36 outlets all over the nation. However, during the period of 2nd World War, many of the stores got highly damaged due to air raids. Marks son Simon Marks gave his place to Israel Sieff, his brother-in-law. Later in 1972, Marcus Sieff was appointed as the chairman during 1972. However, after 12 years, Derek Rayner was appointed as the chairman who did not belong to the Marks family tree (Gereffi, 1996). It was Rayner who introduced the charge card and also came along the profits with the inception of the charge card concept. Richard Greenbury was the new CEO of the company in 1991 while Reyner retired. Nonetheless, Greenbury was not able to give profits and exhibited sluggish performance and thus was replaced by Peter Salesbury. However, the poor performance persisted which resulted in 700 job cuts as well as closure of as many as 38 Canadian outlets. Due to such sluggish and underrated performance, the company faced with a sudden takeover bid from the Arcadia group headed by Philip Green. At this stage, the company appointed its new CEO, Belgian Luc Vandevelde. Under the leadership of new CEO, the company launched recovery plan that concentrated on shedding off its international operations (Spitzeck and Hnasen, 2010). However this decision affected the traditional values of the old board members like David Sieff, Ralph Robins, and Michael Perry who resigned immediately in 2001. Leadership wise, Marks Spencer previously possessed an authoritative leadership till 1970s as the members of the Marks family held the authoritative positions. Thus, the company started hiring its senior officials from outside thereby changing its authoritative approach to a transformational approach. It is speculated over the two decades, that the company has switched over to consultative leadership style which employs the consultation aspect before forming any decisions (Campbell, 2000). Corporate Culture Previously Marks Spencer used to follow the tall and the power culture which actually did not blend very well with the new innovative strategies incorporated by the company. The company focuses providing quality services to the consumers. The company at the beginning inculcated the original culture that is taken from the companys founders and forefathers. Formerly, culture comprised aspects like fast turnover rates, putting in hard labour and being honest. Thus Marks Spencer also focused on these typical attributes which are often considered as paternalistic in nature and fits well in family businesses. However, the outcome of this sort of corporate culture exhibits that one cannot attain the top unless and until the individual is from the family. However, it was speculated that after the World War II episode, especially during 1960s the corporate culture and structure of the company went through drastic transformation which focused on aspects like capital mobility, acquisitions as well as mergers. Hence, the stereotyped and conventional corporate methodology shattered into fragments thereby making ways for new transformational strategies (Buckler, 1996). Corporate Governance There have always been debates and discussions going around while it came to Marks Spencers corporate governance. It was speculated that Sir Rick Greenbury who was once worshipped as the leader of MS inserted certain recommendations pertaining to the salary structure of the directors in the report that was brought out by Sir Adrian Cadbury during 1992. Nonetheless, due to his authoritative governance, the company faced a sharp blow. These debates and hot discussions in the corporate governance used to occur because of the authoritarian and arbitrary salary packages drawn by the directors of the company. For example, the salaries drawn by Sir Stuart Rose as well as his fellow colleagues drew lots of negative attention and controversy. Moreover, Stuart Rose insistently held both the designations of Chairman as well as the chief executive that indicated offend to corporate governance code followed by the company (Gereffi, 1996). This kind of strategy pertaining to corporate governance did not support the business enterprise that made ways for transformational strategies by bringing in new ideas, concepts and hiring efficient managers (Korac-Kakabadse et al. 2001). Conclusion Thus to conclude, Marks Spencer which is undoubtedly considered as one of the leading brands in UK as well as in the global market focuses on building and shaping a strong and effective internal environment so that the business enterprise in challenging situations always remain ready to combat with the external forces. References Armstrong, A. (2016). New Marks Spencer boss Steve Rowe shakes up management. [online] The Telegraph. Available at: https://www.telegraph.co.uk/business/2016/05/12/new-marks--spencer-boss-steve-rowe-shakes-up-management/ [Accessed 26 Jun. 2016]. Balmer, J.M. (2006). Corporate brand cultures and communities.Brand culture, pp.34-49. BBC News. (2013). Marks and Spencer food sales offset clothing weakness - BBC News. [online] Available at: https://www.bbc.com/news/business-22104228 [Accessed 26 Jun. 2016]. Bevan, J. (2007).The Rise and Fall of Marks Spencer: And how it Rose Again. Profile Books Limited. Buckler, B. (1996). A learning process model to achieve continuous improvement and innovation.The Learning Organization,3(3), pp.31-39. Campbell, D., Rahman, M.R.A. (2010). A longitudinal examination of intellectual capital reporting in Marks Spencer annual reports, 19782008.The British Accounting Review,42(1), pp.56-70. Campbell, D.J. (2000). March. Legitimacy theory or managerial reality construction? Corporate social disclosure in Marks and Spencer Plc corporate reports, 19691997. InAccounting Forum(Vol. 24, No. 1, pp. 80-100). Blackwell Publishers Ltd. Chang, S.C., Lee, M.S. (2007). A study on relationship among leadership, organizational culture, the .0.operation of learning organization and employees' job satisfaction.The learning organization,14(2), pp.155-185. Gereffi, G. (1996). Global commodity chains: new forms of coordination and control among nations and firms in international industries.Competition Change,1(4), pp.427-439. Korac-Kakabadse, N., Kakabadse, A.K. Kouzmin, A. (2001). Board governance and company performance: any correlations?.Corporate Governance: The international journal of business in society,1(1), pp.24-30. Ruddick, G. (2015). Marks Spencer 'suffers clothing setback'. [online] Telegraph.co.uk. Available at: https://www.telegraph.co.uk/finance/newsbysector/epic/mks/11718182/Marks-and-Spencer-suffers-clothing-setback.html [Accessed 25 Jun. 2016]. Spitzeck, H., Hansen, E.G. (2010). Stakeholder governance: How stakeholders influence corporate decision making.Corporate Governance: The international journal of business in society,10(4), pp.378-391.

The Major Features and Theorists Views on Religion

Introduction Sociology of religion refers to the study of cultural beliefs, practices, and forms of organizations. Sociologists study religion through some of the established tools and methods. Some scholars employ quantitative research while others choose qualitative designs in studying how religion affects human behavior. In particular, the census system, content analysis, demography, and sampling are some of the methods employed under quantitative designs.Advertising We will write a custom essay sample on The Major Features and Theorists Views on Religion specifically for you for only $16.05 $11/page Learn More On the other hand, observation, the use of interviews, comparative analysis, and application of historical methods are some of the techniques employed in qualitative designs. In the study of religion, many issues arise, but the most fascinating ones include theoretical explanations of religion and the major features of religion. Therefore, this article will discuss the views of various theorists on religion, as well as the major features of religion. Views of Various Theorists Emile Durkheim was the first theorist to make use of religion in comprehending human behavior. He undertook a study among Catholics and Protestants to ascertain the rates of suicide. The study was a milestone in the academic circles because it distinguished sociology from other disciplines such as psychology. Durkheim carried out a methodical study of religion in society by employing a positivist approach (Johnstone 9). He was mainly interested in identifying the forces that hold individuals together in the modern society. Durkheim established that religion is indeed the major unifying factor in society. In one of his works, he established that religion is not imaginary, as many would think. In his study, he noted that religion is existent because it affects human behavior in a number of ways. Religion brings out the realities of society. This would imply that each society has its own form of religion. A supernatural power exists in society, which controls human life. The supernatural power is too strong to an extent of forcing individuals to come together to define it. In this case, Durkheim noted that religion is the expression of collective consciousness, which is the synthesis of individual awareness. This consciousness translates to a certain form of reality. To Durkheim, simple societies, such as the Australian Aborigines, have simple religious structures, which are simply associated with particular clans and families. However, complex societies have advanced religious structures that tend to embrace universalism. In the Protestant Ethic and the Spirit of Capitalism, Max Weber offered an alternative explanation of religion. To Weber, religion is a perfect answer to human necessity for theodicy. He noted that human beings are troubled by the fact that some forces cannot be controlled through human efforts.Advertising Looking for essay on religion theology? Let's see if we can help you! Get your first paper with 15% OFF Learn More In this case, human beings try to resolve issues affecting them through the worship of the supernatural. In particular, individuals are troubled with the idea that some people might suffer for long before they succeed in life. Religion is the only consolation for individuals facing various problems in the world. Through religion, individuals have an opportunity to escape from trouble meaning that they can be relieved from untold sufferings if they worship a supernatural being. In society, people pursue salvation in the same way they pursue wealth. To Weber, religion played a critical role in the rise of capitalism in Europe. In Europe, Protestants believed in predestination implying that the position of each individual in society is already determined. Rational Choice theory is one of the theories supported by scholars such as Weber, which explains social and economic actions (Johnstone 36). The theory states that human beings should always strive to do things perfectly. In other words, the individual should always choose the most cost-effective method when accomplishing certain aims and objectives. In society, people try to achieve their objectives using the available means and techniques. However, the most effective technique is usually chosen because of the constraints in life. In this regard, an individual conducts a critical review of available alternatives before arriving at the most cost-effective method. Weber noted further that the relationship between religion and society is very important to sociologists because it helps in explaining the behavior of individuals in a number of ways. Religion shapes human behavior because an individual would definitely behave in a way that his or her religion permits. Religion is understood as a belief system, as well as a social institution. It is considered a belief system because it configu res people’s viewpoints. In other words, it influences an individual’s understanding of the world. Given the fact that the world is full of tribulations and intricacies, Weber views religion as a social institution since it sets the patterns of social actions, which are structured based on the values and practices of society. Individuals evaluate their actions using the values and practices generated by religion. Since it is considered an institution, it has an organizational structure that influences the behavior of individuals in any given society. Therefore, religion is very important in examining the social and cultural context of any given human action. Understanding individual religious beliefs is not of concern to sociologists, but instead they are interested in examining the collective behavior of individuals in society, as well as how religious beliefs influence behavior. One of the most important reasons that forces sociologists to study religion is that it i s related to other social factors, such as race, age, gender, and education. In complex societies, various theorists show that some religious beliefs are associated with certain races. In this regard, religion would define social stratification of a certain society.Advertising We will write a custom essay sample on The Major Features and Theorists Views on Religion specifically for you for only $16.05 $11/page Learn More Members of society with similar religious beliefs would tend to identify themselves with certain behaviors. They would then tend to conduct themselves in a certain way, which would be different from the conduct of other races. For instance, a majority of members of the Arab society would be identified with Islam. Through Islam, they have formed strong cultures that define their behavior in society. In particular, members from the Arabic race are not allowed to intermarry with other races without undergoing certain processes. In this reg ard, it would demand that a member from another race be converted to Islam for him or her to be accepted as a marriage partner. Regarding age, religion influences people differently. Furthermore, age groups are affected differently by religion. Durkheim found out that youths are affected more by religion as compared to the old. This is why suicide rates are high among the youth and the middle-aged individuals as compared to the old. Equally, religion affects men differently as compared to women. Religion is important to sociologists because it determines change in society. A religious society is reluctant to embrace new ways of doing things because change would interfere with the established customs and beliefs. For instance, many people find it hard to utilize family planning methods, as well as the use of protection during sex because their religions do not permit. Some religious values suggest that people were created to multiply. This problem is common in the third world whereby people are still practicing beliefs associated with traditional religion. Features of Religion One of the main characteristics of religion is that it is a group affair. Religion is considered a group phenomenon because of certain aspects that should be understood in sociological terms. In many societies, including western cultures, emphasis is always placed on beliefs, even though other aspects of religion are also important. In this case, religion is considered as a group phenomenon because it entails educating children on what constitutes the belief system. For instance, children are always exposed to literature that exposes them to catechism, which is the testimonial that any believer should consent. In other communities, children are expected to study the scripture in a certain stage of his or her life, which would help such a child in giving a sermon. Islam and Judaism are some of the religions that encourage their children to learn the fundamentals of the belief system.Advert ising Looking for essay on religion theology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Christianity and Judaism insist on academic and formal belief system whereby children need to undertake religious courses to equip them with the basics of belief system. Other aspects of religion that makes it a group phenomenon include customs, religious experiences, and the sense of community. These facets do not refer to the individual religion, but instead they refer to the manner in which religious groups restructure themselves in society as far as focusing on shared meaning is concerned. Religion is a group phenomenon in the sense that it has an indispensable cognitive feature. In other words, it shapes the knowledge and the skills of the believer in a number of ways. Sociologists observe that the skills and the knowledge gained through religious customs organize personal opinions into a certain system, which serve as the basis of action. For instance, if an individual beliefs that some form of influential wicked spirits surrounds him or her, he or she would generate evidence regarding the presence of these spirits and would consequently adopt some measures to protect him or herself. In particular, an individual would resort to prayer, which would be conducted in accordance to the religious customs. In western societies, beliefs are treated as mere opinions that do not have substantial effect on the third party. In such societies, people rely on empirical evidence that can be tested scientifically. Empirical evidence is referred to as scientific knowledge. In this regard, the existence of evil spirits is only real to an individual who believes in the faith. This belief shapes an individual’s experiences and actions. Therefore, an individual who believes that spirits cause sickness and the other individual who believes that germs cause diseases are similar in the sense that they both base their arguments on a certain body of knowledge. Religion is also viewed as a group phenomenon because of the rituals, which consist of figurative actions that dis tinguish spiritual meanings. A ritual is a ratification of the spiritual meaning while beliefs signify the cognitive characteristic of religion. It should be understood that the two are intertwined because they both offer a detailed meaning of religion. Rituals are mainly employed to denote the unity of the group because it brings members of a certain group together. Scholars observe that rituals play a critical role in religious convictions because they help members in remembering some of the shared meanings. Moreover, a ritual revitalizes the consciousness of the individual, which has a significant effect to the group, as well as the individual. For an individual, he or she is able to identify him or herself with a group while the group benefits because its commitment and sense of harmony is renewed. Religion is always considered a group phenomenon because it generates some religious experiences that signify subjective engagement with the sacrosanct. Such experiences are usually c onfidential and personal, but people tend to share them with other group members through expression of beliefs and rituals. Through religious experiences, an individual would definitely belong to a religious community, which is a community of memory. Religious community refers to a group that shares collective memories regarding certain beliefs. Why People Choose to be Religious People become religious in different ways, but most people find themselves subscribing to a belief system through birth and socialization. In fact, socialization is the main contributing factor to people’s religiousness. In some religions, such as Islam and Judaism, children are expected to adopt the religious culture through birth. They are introduced to the basics of religious beliefs at the family level. An established education system is always established, which introduces children to religious beliefs and principles. In the Islamic religion, it is mandatory for children to study Islamic laws, wh ich are derived from religion. Other factors that compel individuals to be religious include the fear of the uncertainty, need for validation, the desire for orderliness, and the need to belong. People in the world have never explained the real cause of death. In this regard, people feel that they are safe when they belong to a certain religion. Moreover, people believe that religious organizations provide answers to numerous problems affecting humanity. In fact, religious organizations comfort those with problems. Regarding orderliness, it is generally believed that religion helps an individual to accomplish his or her missions peacefully. Works Cited Johnstone, Ronald. Religion in Society: Sociology of Religion. Upper Saddle River, NJ: Prentice Hall, 2007. Print. This essay on The Major Features and Theorists Views on Religion was written and submitted by user Madeleine Alvarez to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.