Victorian England and Natural History

Victorian England and Natural History Victorian society is a time characterized by the rule of Queen Victoria in England, during the years 1837 to 1901. In the years leading up to it, ideas surrounding natural history began changing, and they were brought to a head by scholars in Victorian times. With more discoveries of fossils, interest in natural history and dinosaurs increased. Scientific study of dinosaurs and the history of the world increased and began to be a true avenue of research and discovery. Before the Victorian era, there were many beliefs that were held. Through scientific discovery these beliefs were tested and changed. Science and natural history gained popularity throughout the Victorian era and led to changing beliefs of the society as a whole, when scientific discoveries contradicted established beliefs. Before Darwin and the theory of natural history, religious beliefs were considered to be the natural order of things. Throughout the seventeenth and eighteenth century, religious beliefs needed to be reconciled with nature so that natural theology could be studied. In general, the natural world was understood through the Bible and was built upon faith rather than science (Thompson, 2008). Science is different from faith, because it has no connection to the upper power. It searches for the truth and begets change, which threatens religious beliefs. There were Christian beliefs that were accepted as truth, including a greater chain of being, a young Earth, and species are immutable (Thompson, 2008). All of these beliefs were tested by scientific discoveries of the Victorian era. Another important scientific creation pre-Victorian England was that in the eighteenth century, Linnaeus created a system for classifying the natural world. This system showed a transition from an ignorant, uns tructured view of the past to a way of understanding species in relation to each other (Ritvo, 1997). By the Victorian period, classification was necessary to the understanding of natural history and Linnaeuss method was generally accepted as the nomenclature that would be used. While the system of taxonomy did have some inconsistencies and ambiguous rules, it persisted and was used in practice when naming new species. Victorian England was characterized by a growing industrial economy and a growing and valued middle class. According to James Camerini, in his essay Early Victorians in the Field, the culture of early Victorian natural history was shaped by, and in turn shaped, the larger culture (Camerini, 1997). With the growing working and middle class people, the pursuits of science were made possible. There was a growing commercial trade in natural history specimens and the information was made easier to access. According to Harriet Ritvo, The global expansion of European influence in the seventeenth, eighteenth, and nineteenth centuries, whether by means of conquest, politics, or trade, was both mirrored and expedited by the efforts of knowledge workers (Ritvo, 1997). With more globalization, Early Victorian researchers, such as Charles Darwin and Henry Huxley, were able to travel with the navy on expeditions and collect specimens of species from around the world (Camerini, 1997). Natural histo ry was becoming a hobby of the masses as well as the scientists who specialized in it. In the chapter, Natural History and the Victorian Tourist: Form Landscapes to Rock-Pools, Aileen Fyfe studied the connection between science and Victorian Tourism. Before the Victorian era, travel and tourism was only for the aristocracy, because no one else had the money or the vacation time to travel, which could last from a few months to years (Fyfe, 2011). In the second half of the nineteenth century, there was a change in domestic tourism in England, when the working class were gaining leisure time and railways made travel easier and faster (Fyfe, 2011). With more tourists, the activities tourists could do changed and expanded, including interest in natural history. They were able to collect rocks, fossils, animals, plants that they sent back to England and these experiences led to their future research and discoveries. One of the most contested discoveries of the Victorian era is the theory of natural selection. Charles Darwin wrote about and described this theory in his book, On the origin of species by means of natural selection. Darwin lays out his argument explaining that there is variation of species around the world because of the struggle for existence that all organisms are faced with. Natural selection is therefore acting in the good of each being, leading to the success of the species that is best suited for its environment (Darwin, 1859). Species are not permanent and can adapt to survive in their environment. According to Charles Darwin, One general law, leading to the advancement of all organic beings, namely, multiply, vary, let the strongest live and the weakest die. (Darwin, 1859). His theory of natural selection contradicted many beliefs that were held at the time and revolutionized the species concept and it allowed for the theory of evolution. Evolution is the belief that species change throughout time and all living organisms evolved from the simplest forms of life. There were many objections to Darwins theory at the time of its release. Natural selection contradicted many beliefs that were held at the time, such as a great chain of being, the Earth was young, and that species do not change and are permanent states. Some argued against Darwins theory. In an article published in the Spectator, the writer intended to show how the broad facts of geology are directly opposed to natural selection (Objections, 1860). The writer argues that species have been constant for thousands of years, and as such they would never change no matter how much time goes by. Instead of natural selection, the article references creation as the source of changes in conditions and what allows old species to disappear and new species to form (Objections, 1860). Before 1859, creationism, or the belief that all organisms living originated from a single creation moment particularly of divine nature, was the common belief. Victorian England was a primarily Christian society, a nd many beliefs were rooted in religious beliefs, before scientific discoveries proved them wrong. The article mentions the fauna of the Mesozoic period, especially the reptiles from that By the end of the Victorian period there were two major versions of evolutionary biology: Lamarckism and Darwinism. While mostly accepted by scientists today, Darwinism was highly contended when it came out, with Lamarckian beliefs being the most influential competitor (Fichman, 1997). Lamarck was the first to come up with an idea of species change, known as: the theory of acquired characteristics. Progressionism was the center of Lamarkism, since traits were acquired by an animals intentional actions and that trait could be inherited by future generations (Fichman, 1997). Organisms would therefore always be changing in response to their environment to become better suited for it. When the theory of evolution by natural selection came out, it also suggested progressionism. Instead of acquired characteristics, Darwin and Wallace believed in the appearance of random variations in nature, which were then sorted by natural selection based on whether the variation assists a species or not . The traits were inheritable, not acquired. Without the knowledge of genetics and mutations of genes, Lamarkism seemed more plausible, which allowed that theory to maintain its popularity and be discussed throughout the Victorian period (Fichman, 1997). In the 1870s and 1880s, Darwinism, the belief in Darwins theory of natural selection, was growing in influence. This lead to the theory of evolution needing to reconciled with Christian doctrine. For example, Reverend Thomas Roscoe Rede Stebbing wrote on Darwinism, natural history, and theology, including Essays on Darwinism published in 1871, and his religious beliefs changed to be consistent with the logic of science, but its roots were transcendental, emanating from a god of love and unselfishness' (Beckett, 2011). He used Darwinism to explain the origin of human morality as well as some tenets of the church. Religious beliefs needed to be altered and texts needed to be interpreted differently so that they could be reconciled with the discoveries of science, such as evolution. After Darwin, the shift of study went from collecting to identifying types, with a growing interest in conservation nature. The study of natural history at the time was very much tied together with other studies such as antiquarian and archaeological investigation, and there was never any clear distinction. The link between these studies was also tied with religion, because they looked at history as a combination of nature and human history. History before man, or at least before man left records, was the history of nature (Beckett, 2011). The focus of natural history studies was collecting and classifying throughout the nineteenth century. By the Victorian time period in England, popular interest in the geology and landscape was wide spread. Both amateurs and professionals were interested in the natural sciences, and began looking at, collecting and studying plants, animals, rock and fossils. In the Victorian era, there was an increase in interest and understanding of animals from the past, including dinosaurs and their reptile relatives. In the year 1841, Richard Owen was the man to define the category of large terrestrial reptiles, that he called Dinosauria. He focused his research on paleontology, and worked on new species as they emerged. This group was known for having an open acetabulum in the pelvis. When these fossils were first found, there was the belief by members of the church that the fossils were created by God as fossils and that the beings were never alive. Palaentology though shows who life and death have gone on for thousands of years and in many different forms (Owen, 1860). Owen separated the Paleozoic into three periods, where different groups of animals dominated the landscape: the first by the fish, the second by the reptiles, and the third by the mammals (Owen, 1860). Even so, he believed the differences were not necessarily chronological changes b ut geographical ones, since the different periods were seen in different locations. Owen quotes Cuviers theories of that no parts of an organism without also changing other parts (Owen, 1860). Owen did not believe in Darwins theory of evolution by natural selection. Tracing species back in time is a way to understand the way the earth was at that time. Owen did predict that Archeopteryx was a bird-like species, but made predictions about the face including that the mouth was devoid of lips, and was a beak-like instrument which was proven incorrect with the discover of other forms (Owen, 1863). Owen revolutionized the study of fossils but was incorrect in his believes regarding evolution. While he did not know that modern birds are the descendants of theropod dinosaurs, he did believe that bird forms would have been founded as old as the Triassic. Owen wrote, No actual remains of birds have been found in any deposit older than the chalk, yet their their existence long ages previous to this is certified to us by footprints in the sandstones of the Triassic or Liassic period, which cannot by any possibility have been made by any other animals (Owen, 1860). Owen would not have believed though that the modern bird forms were at all related to non-avian dinosaur forms. Henry Woodward also talked about the scarcity of avian fossils. He mentioned that it was believed that birds were around in the Jurassic due to the footprints, which is Owens prediction from 25 years prior, but he now argues that the tracks may have been left by Dinosaurian reptiles, which have a tridactyle hind-foot like a bird (Woodward, 1885). With new data and analysis, Woodward was able to adapt Owens t heory and get closer to the truth. He also did this with reconstructions of the Iguanodon, which originally discovered in 1825 and he talks about a previous interpretation done by a Waterhouse Hawkins and Richard Owen. The problem with the first reconstruction was the lack of knowledge and bones that were present for analysis with a discovery from 1878, which included multiple complete skeletons, they were able to reanalyze the bones and understand the specimen better (Woodward, 1895). Scientific discoveries throughout the Victorian era led to theories and predictions, which were either confirmed or denied with more research, as is the case with all hypotheses. Ideas from biology were not just being adopted by scientists and were also being used and translated to be used politically in the changing times of the Victorian period, due to their growing popularity. In 1883, Francis Galton termed eugenics. He believed that races of mankind could be ranked by how many individuals with high natural ability which he defined as intellectual capacity, eagerness for work, and power of doing superior work were born per generation (Fichman, 1997). When an inferior race came into contact with a superior one, it would be wiped away by the superior race. Eugenics was using Darwins theory of evolution by natural selection. Even so, it really was just a conservative aristocratic view of the world, which Galton attempted to use to create programs to limit the options of the inferior races. Huxley also played a large part in the connections between biology and politics. He worked to distance the ideas of evolution from ethical policies and sociopolitical disp utes by discrediting the belief that nature is moral (Fichman, 1997). In Victorian England, scientists, such as Huxley, Tyndall, Leslie Stephen, and John Morley, were able to create a largely secular climate of opinion in which the theories and metaphors of modern science penetrated the institutions of education, industry and government (Fichman, 1997). They worked toward social and material progress which would also advance science and technology, drawing the the attention of the all people. By the 1840s, scientific world was a modern professional community, with the professional scientist status rising (Fichman, 1997). This meant that evolutionary biology was becoming more well-known, even outside of the scientific community. Biology and science was on the forefront of politics and peoples mind. Since natural history gained popularity throughout the Victorian era among all people, the issues that were brought up by scientific discoveries and theories were discussed by all. Darwin in particular caused controversy in Victorian society, because the theory of evolution by natural selection shook the faith of the primarily Christian communities in England. Even though there were scientific theories before Darwin, his book was a turning point in understanding the world through religious beliefs and ideals. Science was in pursuit of the rules of nature, and while religion seemed to have already established them, new discoveries contradicted the ideas that most people prescribed to, such as a young Earth and immutable species. A growing interest in scientific theories and a decline in religion started in the Victorian era, with theories that began it prove religious beliefs to be incorrect. References: Beckett, J., Watkins, C. (2011). Natural History and Local History in Late Victorian and Edwardian England: The Contribution of the Victoria County History. Rural History, 22(01), 59-87. Camerini, J. (Ed.). (1997). Early Victorians in the Field. In B. Lightman (Ed.), Victorian Science in Context (pp. 354-377). London: The University of Chicago Press. Darwin, C., MA. (1859). On the origin of species by means of natural selection, or the preservation of favored races in the struggle for life. London: W. Clowes and Sons. Fichman, M. V. (1997). Biology and Politics: Defining the Boundaries. In B. V. Lightman (Ed.), Victorian science in context (pp. 94-118). London: University of Chicago Press. Fyfe, A. (2011). Natural History and the Victorian Tourist: From Landscapes to Rock-Pools. In C. W. Withers D. N. Livingstone (Eds.), Geographies of Nineteeth-Century Science (pp. 371-398). London: The University of Chicago Press. Objections to Mr. Darwins theory of the Origin of Species. (1860, April 7). The Spectator, pp. 334-335. Retrieved March 20, 2017. Owen, R. (1860). Palaeontology or A systematic summary of extinct animals and their geological relations. The British quarterly review, 32(63), 179-202. Owen, R. (1863). On the Archaeopteryc of von Meyer, with a description of the fossil remains of a long-tailed species, from the lithographic stone of Solenhofen. Philosophical Transactions of the Royal Society of London, 153, 33-47. Retrieved March 22, 2017. Ritvo, H. (1997). Zoological Nomenclature and the Empire of Victorian Science. In B. Lightman (Ed.), Victorian Science in Context (pp. 334-353). London: The University of Chicago Press. Thomson, K. S. (2008). Before Darwin: reconciling God and nature. New Haven: Yale University Press. Woodward, H. (1885). VI.-On Wingless Birds, Fossil and Recent; and a Few Words on Birds as a Class. Geological Magazine, 2(07), 308. Woodward, H. (1895). I.-Note on the Reconstruction of Iguanodon in the British Museum (Natural History), Cromwell Road. Geological Magazine, 2(07), 289.

Barclays: Matt Barrett’s Journey †Winning Hearts and Minds Essay

The fact that Barclays is one of the four most dominant retail and commercial banks in the U.K. says a lot about its reputation. This company has faced many challenges between the time periods of 1980-2000. Matt Barrett has several great ideas to turn this company around, and the factors that should be considered are essential to the success of his strategy. Social/Demographic The Company initiates good customer relationship skills. They have built personal relationships with one out of five personal customers, and have direct relationships with 25% of the businesses in the U.K. On the downside, the company’s cost base is much higher than its competitors. The plan is to change the core infrastructure of the company in order to build a stronger customer base. Becoming more competitive and offering value to its core products will give Barclays the competitive edge it needs to help increase profit and attract new clients. Technological Barrett and his Executive Committee (ExCo) team have plans to restructure the company by shifting its culture. In order to shift the culture, the mind-set of the employees has to change. Barrett promoted younger talent to join his ExCo team to give the company fresh innovative ideas. These new ideas will give solutions to replace the incompetence of traditional strategies that are no longer useful. The company also did an analysis on the industry and company data to figure out which segments were making money, and which ones weren’t. A value-based management approach gives the ExCo team an opportunity to take on challenges and risks, and make strategic decision about what segments to add, and what to take away. Economic Considering that Barclays is a reputable company, and the fact that an estimated 20% of its profits are generated outside of the U.K; it would be ideal for the company to expand to gain exposure. The company is the ninth largest bank in Europe, and already has a customer base in the country. Developing a second home market in continental Europe would allow the company to create a larger customer base, therefore increasing profit. Environmental/Geographic Barclays is located in a stable economy with a strong domestic franchise. The only crutch is that they need a strategy to compete with new entrants. The U.K. accounts for 80% of the company’s profit, so plans to restructure core products will require a dynamic strategic plan. Using diverse tactics to differentiate product/customer markets will help aid in maximizing the economic value of the company; and improving these products by offering value to clients will aid in creating a stronger customer base. Political/Legal/Governmental Barclays is the first foreign bank to file with the Securities and Exchange Commission in Washington D.C. This is an advantage to the company on a global scale because banking laws are enforced according to SEC regulations. On the downside, the company may be overlooked by firms who are looking to establish offshore accounts in order to bypass these regulations.

The Problem Of Democrats And Republicans Essay - 1583 Words

I have chosen the topic concerning the inability of Democrats and Republicans to properly reform the criminal justice system. This is an issue with nearly every topic and this is the main cause of issues in the country. The debates and lack of agreeable actions makes it seem nearly impossible for the country to change in positive ways in timely manners. This issue is the biggest issue in the United States of America, because it interferes with progress and reform. This is an integral part of why the current system remains in a dysfunctional state. This issues is more urgent than the others topics because if this issues is adequately addressed it has the potential to positively impact recidivism, bias and disproportionate incarceration among minorities, relational impacts for prisoners and many other issues. This will only happen if the political parties can come to a moral understanding and reform the system to promote growth and rehabilitation. The inability for the two parts to agr ee and implement positive reformations is the biggest issue for the criminal justice system because the only way the system will change is if there is agreeance for the need of reform. The current system is based on mass incarceration which was meant to keep more criminals off the streets and make the people feel safer. This approach has created more instability and discrimination. â€Å"Incarceration deepens existing inequalities and even creates new inequalities... especially for African Americans†Show MoreRelatedEssay on Analysis of The Party Is Over by Mile Lofgren762 Words   |  4 Pagesscreen. I believe this book was more for criticizing the GOP and Republicans that the Democrats. The GOP and Republicans are a lot different in politics now than they were decades ago. The book talks about how the Republicans are against the government, how Republicans are anti-science and anti-intellectual, and also how they view religious rights. 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The Legalization Of Marijuana - 1123 Words

This proposal would eliminate marijuana from the Control Substance Act and it would no longer be categorized as a Schedule 1 substance. The proposal would also require a federal permit for growing and distributing marijuana within state and national borders. The last aspect of the proposal would require for marijuana to be regulated exactly like alcohol by the Food and Drug Administration as well as the Bureau of Alcohol, Tabaco, Firearms, and Explosives. Both of these proposals are probable options for the United States, but the key question they must answer is: Should marijuana be a national issue or a states issue? When discussing current marijuana policy they are certain rules put in place, which criminalize marijuana. Stone states†¦show more content†¦All of these factors cause a negative reaction by the public because they begin to feel untrustworthy of their national government and it makes even more difficult to enforce these rules. The United States must change thei r marijuana policy (rules) to something that utilizes proper scientific research; so the public can feel that the rules put in place have some legitimacy. Even if they don’t completely agree with the policy, they will have to at least perceive the law in a more positive light. One example is the restriction of texting while you drive; there is a portion of the public that doesn’t agree with this policy, but at the very least they are able to view the legitimacy of it because of the proper research that is utilized. So the national government should ask itself, if their current marijuana policy has a level of legitimacy? At the very least another question that could be asked is whether or not we have the natural right to have access to medical marijuana. 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Test Questions Hispanic and Latino American Diversity

Week 7 Test- Hispanic/Latino American Diversity Part I. Each question is worth 3 points. For multiple choice questions, use highlight or bold to mark your answers. 1. The development of solidarity between ethnic subgroups, as reflected in the terms Hispanic and Asian Americans is called a. symbolic ethnicity b. ethnic solidarity c. panethnicity d. ethnic paradox 2. The common heritage of Hispanics is a. culture. b. race. c. language. d. all of these 3. At the beginning of the 21st century, Latino households can expect to earn __________ received by White households. a. 40 cents on the dollar b. 55 cents on the dollar c. 70 cents on the dollar d. 85 cents on the dollar 4. The term ________ is more†¦show more content†¦The color gradient in U.S. society has always been around. In fact it is alive and well in the African American community. In some circles a light skinned African American woman isn’t â€Å"REALLY† black to some who are of a darker hue. Which for many people has often lead to some feeling like they have to continually â€Å"prove their blackness.† This is the same in many Hispanic households where in Puerto Rico the darker skinned Puerto Ricans are treated as a lower class citizen and this treatment comes from with in the ranks of the Puerto Rican people, not from another culture. So yes, the color gradient is very much a part of the U.S. lifestyle and culture. The immigration patterns of the Central and South American nations have been labeled as sporadic. The immigration pattern has been dictated by both the U.S. Immigration laws and social forces within the homelands of these immigrants. Many of the immigrants made their move based on what they perceived to be better economic opportunities in the US during the 1960’s. Perceived economic opportunities escalated the northward movement in the 1960s. 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Contract laws in employment A case study Free Essays

string(152) " in the displacements offered and that disregarding the complainants for declining to subscribe the new understanding could amount to unjust dismissal\." 195446 Title: Employment Law George worked at rug universe as an helper director. He had been at that place for four old ages and had ever hoped to startup his ain rug concern if the chance arose. His subdivision one statement stated his hours as 40 hours per hebdomad, with two or three yearss off per hebdomad, capable to the operational demands of the employer. We will write a custom essay sample on Contract laws in employment: A case study or any similar topic only for you Order Now his missive of assignment stated, â€Å" you will be expected to work a sensible sum of weekends but this should non usually exceed two weekends in four and a upper limit of four weekend yearss per month. for the last six months, George has worked on mean three weekends in every four, and some weekends he has had to work both Saturday and Sunday. he wants to kick about this, but is diffident how to. Last hebdomad George was told that there was an probe into stock loses, and that he was being suspended. He was told to go to a meeting the following twenty-four hours. The meeting lasted about 3 proceedingss, and he was told that the grounds was pointed to him, but was non given any inside informations of it. He believes he is being used as a whipping boy, because he has non taken any stock. He admitted to you that he had taken information from the selling files and transferred it onto phonograph record, with a position to puting up his ain concern. He has besides approached his co-wor kers Jack and Andy who work as rug fitters. they have agreed that they will fall in him when the concern is set up. George intends to put up a rug cleansing concern utilizing the client base of rug universe. His contract contains the undermentioned clauses. ( I ) The employee may non beg fellow employees for a period of six months following expiration of his contract. ( two ) The employee may non utilize information belonging to the concern for any intent other than to carry through his responsibilities under the contract. All information belonging to the concern is regarded as so extremely confidential that it amounts to a trade secret. ( three ) The employee may non work in a viing concern for one twelvemonth within a radius of 70 stat mis following expiration of his contract. 1. Explain what George should hold done if he was unhappy with the weekend working? 2. Could the company rely on the fact that for over 6 months he has worked extra weekends, and argue that the contract was varied with his understanding as a consequence? 3. Can George claim unjust dismissal? 4. What may go on if they find out about his programs to put up his ain concern? 5. Will the restraint clauses be enforceable here? Get downing with the issue environing the demand to work on weekends an analysis of George’s contract provinces that he is required to work a sensible sum of weekends which will usually non transcend 2 weekends in every 4 hebdomads and will be a upper limit of 4 weekend yearss per month. It has been stated in this scenario that George has in fact been working three weekends in every four for the last 6 months and has besides worked both Saturdays and Sundays on some of those weekends. To be able to rede George as to how he should cover with this affair it is necessary to look at the relevant statute law in this country and besides statute law in regard of employment contracts. There besides needs to be an scrutiny of the jurisprudence sing Sunday work. In general footings if the employment contract states that weekend work is a necessary necessity of the function so the employee will be made to work at weekends. If the contract does non specifically province that the employee will be required to work on a weekend so if the employee garbages and is dismissed for declining the employee would be able to claim unjust dismissal [ 1 ] . Particular regulations can use for certain workers in regard of the enforceability of doing them work on a Sunday. Employees who are shop workers or work in the betting industry can hold particular protection from being force to work on a Sunday [ 2 ] . This ability to decline to work on a Sunday for those mentioned above applies even if the employment contract specifically states that the employee will be required to work on a Sunday [ 3 ] . When engaging an employee who can be exempt from Sunday work the employer is under a responsibility to state the employee about the right to decline to work on a Sun day within two months of the beginning of the employment. To choose out of working on a Sunday the employee must give the employer three months notice of their purpose to halt working on Sundays. This must be done in composing [ 4 ] . An employer is under no duty to offer the employee alternate hours of work in topographic point of the Sunday responsibilities [ 5 ] and employees declining to work on Lord’s daies are likely to happen themselves losing the rewards they would hold received had he worked [ 6 ] . Employers are non allowed to handle employees unfavorably because they have opted out of working on a Sunday. If an employee is dismissed for declining to work on a Sunday he will be entitled to claim unjust dismissal [ 7 ] . In order for the employer to alter the on the job hours of the employee and new contract would hold to be issued, which would so necessitate the consent of the employee before it could be enforced. In Robinson v Swallowfield Consumer Products [ 8 ] the tribunal allowed the entreaty where two of the employees refused to subscribe the new contract issued by the employer designed to change their working hours. The tribunal stated that there should be a grade of flexibleness in the displacements offered and that disregarding the complainants for declining to subscribe the new understanding could amount to unjust dismissal. You read "Contract laws in employment: A case study" in category "Essay examples" Similarly in Headley V Copygraphic Ltd [ 9 ] the tribunal found that the complainants had been wrongly dismissed for declining to alter their working hours. In Gillanders v Riding Hall Carpets [ 10 ] the complainant won a claim for unjust dismissal when his employer introduced a new Rota system which required the complainant to work at weekends. The tribunal held that the complainant was entitled to decline the fluctuation in hours. A farther point raised by the inquiry is in relation to the figure of hours that George is working per hebdomad. In his contract his declared hours are 40 hours per hebdomad. It would look from the above that George has been working in surplus of this figure of hours for the last six months. Carpet universe could be in breach of the Working Time Regulations 1998 Reg 4 [ 11 ] and the Working Time Directive 93/104 Art 6 ( 2 ) if he has been working more than 48 hours per hebdomad [ 12 ] . In this peculiar state of affairs if George should hold spoken to his employer and pointed out that under his employment contract he was merely expected to work 2 weekends in every four and that the maximal figure of weekend yearss he would be required to work was four a month. He could reason that necessitating him to work more than the in agreement sum was a breach of the employment contract and he could decline to make the excess hours. If the employer dismissed him for declining so George would be entitled to claim unjust dismissal as mentioned in the instances supra. As besides discussed above as George is a store worker he could choose out of Sunday work if he so wished. To make this he would hold to subject notice to his employer in authorship of his purpose to choose out. The employer could non so implement the weekend working regulation in regard of Sunday work against George. George could take a firm stand on working no more than the in agreement 40 hours a hebdomad unless he has signed an understanding under the Working Time Directive 93/104 to work a upper limit of 48 hours. If the employment contract states that the on the job hours can be variable the employer would non necessitate the understanding of the employee before changing the hours. If the hours are fixed hours and the employer wishes to alter these there must be an understanding between the employer and the employee. Such alterations should so be incorporated into a new contract of employment. An employer can avoid a claim for breach of contract if he can non make an understanding with the employee with respect to altering the on the job hours. He can accomplish this by ending the original contract of employment and offering the employee a new contract on the new footings. The expiration of the contract will be regarded as a dismissal which would let an employee who objected to the alteration in the working hours to prosecute a claim for unjust dismissal or constructive dismissal if appropriate. If any employee does non object to a alteration in the working hours and continues to work the new displacements they have been given an illation will be drawn by the tribunals that the employee has acceded to the alteration in the working hours. Where the employee works the new hours but under protest so the employee will still be entitled to claim for breach of contract at a ulterior phase as they have non accepted the fluctuation in their hours even though they have continued to transporting on working those hours. In this peculiar instance the tribunals may good make up one’s mind that every bit George has non objected to the alteration of hours and has worked the new hours for a period of six months that he has accepted the new hours. If he can abduce grounds to demo he has objected to the new hours but still worked them so he would be entitled to purse an action for breach of contract. When looking at whether George can claim for unjust dismissal it is necessary to analyze the allegations being made by the company and whether they adhered to the right process for disciplinary proceedings. Under the Employment Act 2002 ( Dispute Resolutions ) Regulations 2004 [ 13 ] amendments were added to the Employment Act 2002 doing it a direct demand that employers must hold a disciplinary process in topographic point that meets the demands laid down by the Regulations [ 14 ] . Under these ordinances an employer must supply in composing the alleged behavior or fortunes complained of that has led to the employer taking such action [ 15 ] . A transcript of the statement should be given to the employee and he should be invited to a meeting to discourse the affair [ 16 ] . The employee has to be given a sensible chance to see his response to the information given [ 17 ] . It would look from the information above that the company have non followed the right process for disciplinary action which would intend that George would be entitled to claim for unjust dismissal [ 18 ] . The company could reason that the pickings of the information from the selling file and puting this onto a phonograph record is a direct breach of the employment contract. This would be peculiarly applicable if carpet universe discovered George’s programs to put up his ain concern. The clause of his contract states that he can non utilize the concern information for any other intent than to carry through his responsibilities under the contract. By George utilizing the information with a position to puting up his ain concern it could be viewed that he has stolen information which is extremely confidential from the concern and that such information would be classed as trade secrets [ 19 ] . If the company became cognizant of this they could prosecute an action against George for breach of contract [ 20 ] . They could utilize this breach to disregard George from their employment as he has accessed trade secrets for his ain personal usage. It is by and large accepted by the tribun als that restraint clauses sing the usage of confidential information are a necessary necessity in a concern and are hence adhering on an employee [ 21 ] . In regard of the restraint clauses at that place needs to be an scrutiny of the usage of such clauses to make up one’s mind whether these can be enforceable against George. Restraint clauses are often incorporated into contracts of employment and as such are likely to be treated by the tribunals as adhering [ 22 ] . In the instance of Dawnay, Day A ; Co Ltd A ; another V D’Alphen A ; Others [ 23 ] the tribunal reached the decision that the usage of restrictive compacts was lawful. The facts of this peculiar instance are really similar to the state of affairs of George in that the complainant had placed restrictive compacts into the contract of employment to the consequence that anyone go forthing the company could non fall in a similar company or put up their ain concern in a similar trade to that of the complainant. If these clauses had non been in the original contract of employment and had been incorporated into the footings of employment at a ulterior clip the compacts would merely be adhering if the employee signed the new understanding.In the instance of Willow Oak Developments Ltd ( t/a Windsor Recruitment ) V Silverwood A ; Ors [ 24 ] it was held by the tribunal that the dismissal of employees for declining to subscribe the new contract incorporating the restrictive compacts was unjust. They held that the employees should be entitled to reinstatement or compensation. It would look from the above that rug universe would be able to prosecute an action for a breach of the compacts if he continued with his program to put up his ain concern after go forthing the company. George could merely avoid such action if he refrained from similar work for the following twelvemonth or if he set up a similar concern outside of the in agreement radius. If George did put up a new concern outside of the radius he would still be prevented from using any staff working for rug universe for the first 6 months of his new concern as the compact prevents him from beging fellow employees within that clip span. If George adhered to the contents of the restraint clauses he would be able to put up his ain concern without action being brought against him. Bibliography Berry, A,Covering with your Judgment of dismissal in One Week,2000, Hodder A ; Stoughton Inns of Court Law School,Employment Law in Practice,7ThursdayEd, 2006, Oxford University Press Painter, R A ; Holmes, A,Cases and Materials on Employment Law,2006, Oxford University Press Rich, M, Edwards, I, Mead, H,Mead’s Unfair Dismissal,1994, Sweet and Maxwell Employment Law Journal 2006, vol 73 ( Sep ) , 9-11 Table of Cases Brake Bros Ltd V Ungless [ 2004 ] EWHC 2799 Canadian Worldwide Express V Smith [ 2005 ] EWHC 671 Corporate Express Ltd v Day [ 2004 ] EWHC 2943 Dawnay, Day A ; Co Ltd A ; another V D’Alphen A ; Others [ 1997 ] EWCA Civ1753 ( 22 Gillanders v Riding Hall Carpets [ 1974 ] I.R.L.R. 327 Headley V Copygraphic Ltd [ 1996 ] C.L.Y. 2627 Leeds Rugby Ltd v Harris [ 2005 ] EWHC 1591 London Borough of Lambeth A ; Ors v Corlett [ 2006 ] UKEAT 0396 Lynch V Bromley Arts Council Employment Appeal Tribunal 13 February 2007 May 1997 ) McLean V Rainbow Homeloans Ltd [ 2007 ] I.R.L.R. 14 Odoemelam v Whittington Hospital NHS Trust Employment Appeal Tribunal 6 February 2007 Robinson v Swallowfield Consumer Products Employment Appeal Tribunal 29 March 2000 Sayers v Cambridgeshire CC [ 2006 ] EWHC 2029 [ 2007 ] I.R.L.R. 29 Spencer Jones V Timmens Freeman [ 1974 ] I.R.L.R. 325 UKEAT 0005 Thomas V Farr Plc [ 2007 ] EWCA Civ 118 Times, February 27, 2007 Weir A ; Anor ( The Firm of Brae Cottage Residential Home ) v Stewart [ 2006 ] Willow Oak Developments Ltd ( t/a Windsor Recruitment ) V Silverwood A ; Ors [ 2005 ] UKEAT ( 20 October 2005 ) Table of Legislative acts Employment Rights Act 1996 Employment Act 2002 Working Time Regulations 1998 Working Time Directive 93/104 Employment Act 2002 ( Dispute Resolutions ) Regulations 2004 1 How to cite Contract laws in employment: A case study, Free Case study samples

Transportation and Distribution Management of Haier †Free Samples

Question: Discuss about the Transportation and Distribution Management of Haier. Answer: Introduction Haier is a Chinese electronics manufacturing company established in the year 1984. The headquarters of Haier is located in Qingdao. The company manufactures some of the electronic devices that are television, refrigerators, washing machine, microwaves, computers, mobile phones and air-conditions. They distribute these products almost every corner of the globe. Their major international markets of the company are USA, Russia, India, Pakistan, France, Malaysia, UK and many more. They started their international journey in 1990 in an effort to tap into the overseas markets (Haier.net, 2017). They face considerable competition in their international market from Philips, whirlpool, godrej and other similar products. The reason behind the company is lasting in their international markets for this long competing with these mentioned competitors is their core value and goal. The company follows a win-win mode of individual goal that provides sustainability to the company. It is because they are concerned to look after the interest of their customers unlike other Chinese companies that seeks for short-term profit (Haier.net, 2017). Their values prioritize the customers opinion, consider them right, and seek for the development their products to satisfy their needs. They also believe in the entrepreneurship and innovation. It helps the company to retain their value. Haire have revised their strategy over time to maintain these core values. The Company currently follows networking strategy to hold the market share and brand loyalty in their overseas markets. The purpose of the essay is to understand the incoterms and the process of selecting proper incoterm for the company. The considerations are discussed in relation to the selected organization and recommendation is made in for gaining competitive advantage in the market. It further focuses on the criterions considered for carrier selection andcarrier relationship management relating the factors with Haier. It also discusses how it can bring profit for the company. Incoterms Selection Consideration The company has invested a considerable amount of money in their first half for developing their logistics for operating in the Chinese market. This is due to the need of dealing with the increased outsourced logistics requirements of their products. They bought sixty per cent of the Shanghai Boyol New Brothers Supply Chainmanagement in the Chinese market and completely bought the complete Boyol Logistics in the international market. This helped them in increasing their profit by 19 per cent in the first half. Later, the company made alliance with the leading e-commerce business Alibaba with a goal of creating industry-leading standards for the logistics. Later, Haier integrated with other logistics business like Gooday mart Logistics to deliver efficient service to their customers (Greg Knowler, 2017). These steps taken by the company has considerably increased their profit and efficiency. However, this is limited to their Chinese market only. They considered foreign direct investme nt in expanding their business to the overseas market. This eliminates their need of supplying the products overseas as they now manufacture their products in their target markets. However, this increases the risk for the company, as they are liable for the goods they are for the product being delivered. This means that the company is chargeable for the damage in course of transportation. In other word, the company is responsible for securely delivering the products to the doorsteps of their customers (Stapleton, Pande O'Brien, 2014). Recommended Incoterm DAP DAP refers to delivered at place, which means the manufacturer is liable to pack and deliver the product to the shipment. The responsibility of the goods there after, moves to the buyers and the buyers are then liable to take responsibilities for the goods. Any kind of damage that might occur after the products have been handed over to the shipment falls under the buyers responsibility. Delivered at Place Moreover, the costing of transportation is also divided accordingly. The buyer needs to carry out the charges and responsibilities for customs clearance in the importing country, and the risk including all the customs duty. The carriage expenses along with the terminal expenses are to be paid by the seller in this case up to the agreed destination point. The buyer bears the costing from the final destination starting from unloading cost under the terms mentioned in DAP (Bergami, 2013). Adopting this third party logistics term will help the company reduce their costing of transport. Moreover, the company will be liable for the security of the product until packaging. Responsibility thereafter will move to the buyer and reduce the risk for the Haier. CPT CPT otherwise known as carriage paid to named destination can considerably reduce the cost and risk factors for Haier. Liability of the manufacturer according to this term is to deliver the products to the named destination for pick up by the first carrier. The costing and responsibility thereafter lies with the buyer. Carriage Paid to The only responsibility of the manufacturer is to pack the products according to the term and deliver it to the first major carrier in a mentioned place. Haier can obtain a certain level of advantage using this third party logistics supply chain by reducing the costing and risk factors incorporated within (Bergami, 2013). Carrier Selection Criteria The overall goal of the company is to deliver high quality products to the customers and consider their interest along with the business interest. This helps the company to do a sustainable business. Transportation goal of Haier on the other hand is to provide a safe delivery to their customers. This concern is due to the types of products them manufacture in their company. The electronic devices possess high threat of damage in transportation. The company further seeks to reduce the expenses spent on the transportation. It makes it obvious that they seek a reliable carrier that will safely deliver their product in low transportation cost. Moreover, the reliable carrier will also reduce the wastage cost that the electronics companies have to consider in the process (Choudhary Shankar, 2014). Reduction in transportation cost will also reduce the end price, which will fulfil Haiers win-win concept. Considerable Criterions Haier needs to consider various factors before selecting their carrier. However, some of them needs special attention as they are the primary determinant for the safe and secure delivery of the products. They are as follows: Geographical This is the most important determinants the company needs to consider in the process of selecting carrier. This is be of the operational area the company is covering. Haier has expanded their market in almost every corner of the world. Their manufacturing facilities and destination market is present in cities around the world (Zhao, 2012). It make it necessary for Haier to select a carrier with maximum geographical coverage. Otherwise, the primary purpose of transpiration will remain unattended. Equipment The second most important criteria the company needs to consider is the equipment the carrier uses for their transportation. Haier manufactures electronic products which is highly vulnerable to physical impacts. Hence, they will require a carrier that is technologically advanced and has the capability to provide the extra care required for transiting the products manufactured by Haier. Considering this factor will help Haier control the damage and reduce the costing that might occur from the damage during transit. Theory of transportation states that the primary objective of the company in transportation should focus on reducing per unit cost for shipping, which is possible to address by reducing the damage in transit (Aguezzoul, 2014). Transit Time Haier also needs to consider the transit time taken by the shipping line they select for delivering their product. It is to increase the satisfaction level of the buyer and to increase their business. Faster delivery means they can deliver more product in short period of time that will help the company to grow their business (Ben-Akiva, Bolduc Park, 2013). Reliability Lastly, Haier needs to consider in the process of carrier selection is the reliability. It incorporates multiple factors some of which are discussed earlier. The carrier should be precise about their pickup and drop location and timing. The shipping line should be picking up the products and deliver them to the exact point as mentioned and within time to ensure the success of the purpose of transportation. Moreover, it should also ensure the safety of the product to reduce the costing of transportation (Meixell Norbis, 2012). Carrier Relation Management As per the earlier discussion, Haier aims to deliver their products safely to their buyers in low cost. Moreover, they also desire to deliver the products in time that will further increase the satisfaction level of the buyer. The transportation model also states similar criteria for the transportation of the goods, which are safety, time and cost effectiveness (Govindan et al, 2012). The company should consider these factors to generate maximum revenue. In addition to the above-mentioned goals, the company also seeks to establish a good relation with the carrier to ensure long-term success. Type of Relationship Long-term relationship with the carrier is considered as the best for any manufacturing company considering many factors. Firstly, frequent change in the carrier company will hamper the business of the manufacturer. Moreover, it will put the business in insecurity regarding to the transportation. It is necessary for Haier to ensure a smooth transportation facility to keep the business running and deliver the products to its customers. Secondly, none of the parties involved will not be able to build trust, which is important in this line of work. The increased reliability of the carrier will ease the process (Graham, 2013). Hence, it will be necessary to build trust between the manufacturer and the carrier, which is possible only through long-term relationship. Thirdly, long-term relationship with a single carrier will save the company a considerable amount of money. Changing the carrier means changing contract, which may considerably vary over time. Moreover, safety measures should a lso be taken into account, which comes with the healthy relationship between the supplier and carrier (Winter Knemeyer, 2013). Process of relationship building Transparency should be maintained between the carrier and supplier. The data related to route, tonnage, monthly volume and other should be properly communicated to develop healthy relationship between the parties. Seasonal changes that might occur should also be calculated and communicated properly in prior order. The opinions provided by the carrier should also be considered as they have a deeper understanding of the geography of the location. Moreover, prioritizing their opinion will help building trust, which is important. Commitments from both the parties are required in this case. It is necessary for the supplier to maintain their commitments before seeking the commitments of the carrier. It will further strengthen the bonding. The opportunities should be shared with the carriers. It means that the manufacturer should provide opportunity to the carrier to gain benefit from the process. In other words, they should be incorporated in the business when the favorable opportunities arises. Operational changes should be properly communicated with the carrier and seek their opinion in the process if possible. This will avoid unwanted disruption in the transport process. Responsibilities related to the technological usage has to be shared by both the carrier and the shipper. The shipper must ensure the minimum manual work related to the tracking of the goods being imposed on the carrier. Conclusion It can be concluded from the above discussion that Haier have expanded their business in the international market and built facilities around the world. Hence, it is important for them to have a proper third party logistics firms to ensure the smooth distribution of their products in their operational markets. The CPT and DAP are the two incoterm that can provide certain level of benefit to the company transporting their products around the world. They can reduce the risk factors involved in international transportation with proper implementation of the proposed incoterms. However, they have to consider the criterions mention to select the right carrier for their distribution. These factors leads to the conclusion that Haier needs to build healthy and long-term relationship with their carrier for ensuring a sustainable development. They can utilize the proposed process of developing relationship with their selected carrier. References Aguezzoul, A. (2014). Third-party logistics selection problem: A literature review on criteria and methods.Omega,49, 69-78. Ben-Akiva, M., Bolduc, D., Park, J. Q. (2013). Discrete choice analysis of shippers preferences. InFreight Transport Modelling(pp. 119-141). Emerald Group Publishing Limited. Bergami, R. (2013). Incoterms 2010: The newest revision of delivery terms.Acta Universitatis Bohemiae Meridionalis,15(2), 33-40. Bergami, R. (2013). Managing Incoterms 2010 risks: tension with trade and banking practices.International Journal of Economics and Business Research,6(3), 324-338. Choudhary, D., Shankar, R. (2014). A goal programming model for joint decision making of inventory lot-size, supplier selection and carrier selection.Computers Industrial Engineering,71, 1-9. Govindan, K., Palaniappan, M., Zhu, Q., Kannan, D. (2012). Analysis of third party reverse logistics provider using interpretive structural modeling.International Journal of Production Economics,140(1), 204-211. Graham, A. (2013). Understanding the low cost carrier and airport relationship: A critical analysis of the salient issues. Tourism Management,36, 66-76. Greg Knowler, S. (2017).Haier expands China logistics business as 3PL demand grows.Joc.com. Retrieved 7 November 2017, from https://www.joc.com/international-logistics/haier-expands-china-logistics-business-3pl-demand-grows_20140827.html Haier.net. (2017). History | About Haier | Haier Group. Retrieved 7 November 2017, from https://www.haier.net/en/about_haier/history/ Meixell, M. J., Norbis, M. (2012). Integrating carrier selection with supplier selection decisions to improve supply chain security.International Transactions in Operational Research,19(5), 711-732. Stapleton, D. M., Pande, V., O'Brien, D. (2014). EXW, FOB OR FCA? Choosing the right Incoterm and why it matters to maritime shippers.Journal of Transportation Law, Logistics, and Policy,81(3), 227. Winter, M., Knemeyer, A. M. (2013). Exploring the integration of sustainability and supply chain management: Current state and opportunities for future inquiry.International Journal of Physical Distribution Logistics Management,43(1), 18-38. Zhao, W. (2012).U.S. Patent No. 8,214,536. Washington, DC: U.S. Patent and Trademark Office.