Friday, November 8, 2019
The principles of the restorative justice and my indirect experience â⬠Law Essay
The principles of the restorative justice and my indirect experience ââ¬â Law Essay Free Online Research Papers The principles of the restorative justice and my indirect experience Law Essay Intro This paper is not only the summery of what I have learned from books and lectures in class, but also the presentation of what I have indirectly experienced in several years ago. First, I summarize what the restorative justice is and which differences it is in comparing with the retributive justice. Second, I summarize not only the problem of the retributive justice, but also the principles of the main themes of restorative justice; victims, offenders, and community. Finally, I describe my experience in related with the criminal justice and present my suggestion. Restorative Justice There are several basic theories regarding the criminal justice: the retributive justice, the restorative justice, psychiatric imprisonment (therapeutic interventions) , transformative justice. The restorative justice is the alternative way of the retributive justice which has a lot of problems. The main concern of the retributive justice is fixing blame, or establishing guilt, and who hold responsible for such crime. There are three central criticisms of the retributive justice. First, this system is too backward-looking or oriented toward past; it is too fixated with addressing the past and insufficiently focused on the future. Second, the enormous hardship and stigma we place on those found legally guilty influences many perpetrators of crime to deny guilty. Third, the individualistic conception of blame which tends to be expressed through the retributive justice is so at odds with the way most offenders evaluate their own conduct that it stands little chance of influencing them t o accept accountability. The restorative justice assumes that the victim or their heirs or neighbors can be in some way restored to a condition just as good as before the criminal incident. Substantially it builds on traditions in common law and tort law that require all who commit wrong to be penalized. In recent time these penalties that the restorative justice advocates have included community service, restitution, and alternatives to imprisonment that keep the offender active in the community, and re-socialized him into society. Victims When we are under attack by those who wear black mask with knife, we are paralyzed initially, unable to act, move. It called ââ¬Å"frozen-fear compliance.â⬠After being in ââ¬Å"impactâ⬠phase, victims are in ââ¬Å"recoilâ⬠phrase, and got anger. During the weeks following the attack, victims tried to find the way of overcoming his or her situation. Otherwise, their family or friends do not want to talk with the crime or hesitate to remember the crime and the offenders. In order to surmount the memories of the crime, victims try to find a wrong way, such as drugs and alcohol. They are in traumatic situation. Why are victims so traumatic? The violations break the world view and the personality of victims. Victims must be recovered from the horrible situation. How could victims recover their lost faith toward world and human? In order to recover their life, victims need to move from the ââ¬Å"recoilâ⬠phase to a ââ¬Å"reorganizationâ⬠phase, also they need to move from being victims to being survivors. Moreover, the needs of victims are the repayment which is much more than they lost. They need the answering or information why it happens, why them, and why victims have to do in such situation. Victims should have chance to express their emotions and have to be empowered. Finally, they must experience justice. Moreover, the proponents of the restorative justice suggest that victims should involve in the criminal justice process so that they can be reformed. ââ¬Å"Such reforms provide victims with an opportunity to explain how the crime has affected them materially and psychologically and to express their feelings in the justice process, and they also empower victims.â⬠Can the punishment of offenders in the retributive justice system make victims recover their life and faith? It is very important issue of the crime justice that the punishment can effectively recover victims and offenders or make it worse. The Punishment of offenders in the retributive justice system is not always an adequate decision for victims. Punishment may sometimes prevent healing. Some victims not only worry about the revenge of offenders or their associates, but also feel responsible for offendersââ¬â¢ punishment and experience guilt. On the other hand, in the punitive system, the process of conviction is taken so long that offenders can easily have a chance to escape from punishment by employing lawyer without any repayment. Because of these problems, the proponents of the restorative justice are straining to find an alternative way of punishment system. Offenders When offenders stand trial and serve their term in prison, what happen to them? In trial, they are bystanders. They can not easily involve in the process of the conviction. In the prison, they can not learn what is expected such as human value, love, endurance, mercy, and so on. They misunderstand that violence is a normal thing, a solving method of problem, and a survival tool. Moreover, they become physical and sexual victims. Finally, they are unfortunately convinced that the violence is the basic need of life. It is the way of the survival in the oppressed prison. They dehumanize themselves, rebel against others, and become devious persons. In short, they become worse criminals or those who have more highly possibility to be offenders. If so, what are offenders expected to learn and have? What do they need to learn? Offenders need to learn that he is someone of worth, that he has the power and responsibility to make good choices. Offenders need to learn respect for others and their property. They need to learn to cope peacefully with frustration and conflict, the need coping skills. Moreover, offenders need to have accountability for their wrongdoing. They should not only know their doing is wrong but also be punished for their crime. As I said above, a punishment system does not work effectively. The punishment should not only let offenders find out their wrongdoing but also prohibit offenders from committing an error again. Otherwise, recently, the system of punishment can not complete its own aim. On the contrary, the punishment system makes offenders become victims. Community There are two reasons why community is very important for the process of the restorative justice; ââ¬Å"first, the offenderââ¬â¢s community is the entity with the most power to influence the offender to repair the harm he or she has caused and to refrain from further anti-social behavior and also an entity which can provide support which offenders will need in their efforts to go straight. Second, involving the community in the handling of criminal conflicts between its members is seen as a way of empowering communities.â⬠My relativesââ¬â¢ story which I have indirectly experienced. Because I have no experience of the criminal justice, I am going to write about the story of my relatives. Their family business is the rice package delivering like a pizza delivery. Father used to ride a motorcycle to delivery it. At that tragically day, he stopped at the pedestrian crossing with the rice package. Suddenly, the drunken driver drove his car toward him and crashed him. The bone of his right leg was broken pieces. After he went through an operation several times in a hospital, he finally becomes a lame person. The drunken driver was a poor 22 year-old young man. Accidentally, His father is a lame person too. He was subsidized by the government for living. This drunken driver was waiting to go to an army for performing his duty. After this accident, the offender was caught by police and was on trial. The judge sentenced the offender to one year at the prison. He canââ¬â¢t go to the army anymore , and his name was updated in the blacklists of the government. Because the offender had no insurance, the victim had to pay all the money charged for an operation. They had to sail his rice store for saving money. The family of victim not only lost a lot of money, but also incurred a lot of debts. In short, the victim lost his leg, money, house, and incurred debts, The court and community does not care about whether the victim lost his life or not. The family of the victim needs money to get over this tragedy. The court decided that the offender was to blame or repaid money. The offender had no money for repaying. Because he did not have enough money, he went to the jail. If this criminal justice was processed under the paradigm of the restorative justice, rather than the retributive justice, the different consequences would be happened. The first important point is what the needs of victim are; the charge for an operation, a medical fee, and the money to live on. If they are compensated enough money from the offender or the insurance company, they would not sell their family store and their house, and would not incur a lot of debts. Furthermore, in the restorative justice paradigm, the offender should work hard to earn the money, should give the victimized family enough money, and should help them to secure their livelihood, rather than just be gone to the prison. Besides, the community which let the drunken driver drive freely, which let the driver without a proper insurance drive freely, would recognize the accountability of this case. The community should support materially and mentally to revive their life and to survive in the money oriented soc iety. Conclusion I have researched the principle of the restorative justice in comparing with the retributive justice in the first part. In the second part, I have defined what victimsââ¬â¢ needs are, what offendersââ¬â¢ needs are, and what communityââ¬â¢s needs are. My relativesââ¬â¢ story which I have indirectly experienced is described in the third part. Furthermore, in the view of restorative justice paradigm, I suggest the alternative way of solving this particular case. Bibliography Cayley, David. The Expanding Prison. Toronto: House of Anansi Press, 1998. Johnstone, Gerry. Restorative Justice. Devon: Willan Publishing, 2002. Zehr, Howard. Changing Lenses. 3rd ed. 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Wednesday, November 6, 2019
Psychological Observations of Children essays
Psychological Observations of Children essays Children are often referred to as the future, but what many do not say is that they are very much the present. After viewing 3 small children ages 3-5 for 20 minutes, I learned many interesting facts from there actions and what they said or attempted to say. This was an interesting assignment considering it was kind of hard not to interact with the children. One of the most peculiar things I found was the amount of energy this kids have, given a 20-25 viewing timeframe they did not lose any energy from there movement or anything else for that matter. Viewing these children, 2 females and 1 male, the females were ages 3, 4 and the male was 5. They were all related, not as sisters and cousin of each other. I viewed them in there home for about 20 to 25 minutes. The setting was the average living room, with wall to wall carpet, two couches and an entertainment center. In the center of the living room was a few toys, two trucks and a few legos, also a few dolls. The room was relatively open, for running around and disturbing the observer ( I was sitting on a chair in the room). There were several unique things about the children, and how they played into the theories of Piaget, Erikson, and Kohler. Along with actions of theirs that did not fit into either of the theories. Also there were behaviors common in all children, that I feel could be open for a new study. The first child is 3 years old from what her mother tells me and her name is Elise. Elise spent her time during my observing playing with the dolls with her sister and being chased by her brother. She was very loud like the other siblings, possibly because she is the youngest or maybe she has received little attention during her earlier childhood years. That theory falls under Erikson, for neglected infants. Also the issue of gender identity, seems to be developing in this girl. She plays with all of the dolls that her si ...
Monday, November 4, 2019
Impacts of the technology on one's future Essay Example | Topics and Well Written Essays - 750 words
Impacts of the technology on one's future - Essay Example Impacts of the technology on my future as a leader This paper reviews my developed knowledge about contemporary technology and the benefits of the knowledge to my future as a leader, an advocate, and a scholar in specialized education. The scope of information technology that allows for communication among parties at remote sites, and facilitates retrieval of information, has significant contribution in educational and home set ups. In academic environments, for instance, both students and teachers derive benefits from application of the new technologies. Students have for example been captivated into the technology and are explorative of its applications such as analytics and networking, a factor that has developed new learning approaches among students through new fashions in technological usage. The new technology has also promoted practical application of studentsââ¬â¢ developed knowledge. Ability to work in teams, self-reliance, and development of analytical skills are other benefits that students derive from the contemporary state of technology. The technology has also empowered teachers to make adequate preparations for their classes and to make the classes effective. It also facilitates teachersââ¬â¢ coaching ability and analytical potentials (Hussain and Safdar, 2008). The twenty first century technology has also empowered me to efficient and effective future advocacy. This is because I have learnt of the technologyââ¬â¢s potential role in developing useful information towards change, and disseminating developed information to target populations to effect the desired change. While retrieval and analysis of information through the technology develops bases for advocacy, the technologyââ¬â¢s communication applications such as the social media facilitate activism to ensure
Friday, November 1, 2019
How does Machiavelli reflect the values and idea of humanism and Research Paper
How does Machiavelli reflect the values and idea of humanism and religion in The Prince - Research Paper Example The ââ¬ËPowerful Chairsââ¬â¢ (Kings, politicians, top bureaucrats etc) are always there to outsmart the ââ¬ËChair--less Powers.ââ¬â¢ (The common people) Machiavelli did advise the princes on how to hold on to power but he also advised the citizens seeking to maintain their liberty and how to go about it. He showed a new path for them and cautioned how his native Florence was getting engulfed in tyranny. He explained how ancient Rome preserved its freedom better, as the ordinary citizens there were more responsible and were able to checkmate the power of the elite. As a state employee Machiavelli led by example. His public life was spotless and free from corrupt practices. He was investigated for embezzlement and he came out with a clean slate and he was reimbursed the amount that was due to him. He would often say about him, ââ¬Å"my poverty is evidence of my honestyâ⬠. Machiavelli articulated for a free city, where the citizens lived freely without any restrictions , without being absolutely controlled by a particular individual or group. A tyrant who emerges from within the political system is as dangerous for the country like the external invader. In the absence of constant vigil by the citizen body as a whole, and without their being organized properly, tyrannical individuals are bound to take over the reins of power. In essence, this proves the humanism in the approach of Machiavelli to the societal issues of his era. What a destructive weapon corruption is from the societal point of view, how adversely it affects the free-lifeââ¬âunderstand the advice of Machiavelli. In such a corrupt system, public interest is sacrificed at the altar of private or factional interests. Arbitrary interference does the maximum damage to the mass of people, according to him. The rulers must consider themselves to be the servants of public interest, not masters. Machiavelli is prophetic when he asserts that the resources of the elite combined with extensi ve discretion enjoyed by political office holders is the principal threat to the society and the nation. The expectations of the ordinary citizens are simple and straightforward. They are neither like power-hungry politicians nor like the ambitious elites. They have no desire for power to rule over others. At the same time, they have self-respect and essential dignity and do not desire to be dominated and would not like the arbitrary power to subjugate them. They are perpetually fearful of such societal developments. The sterling qualities of Machiavelliââ¬â¢s humanism are revealed in his opinion that the key to the resilience of Rome was its system and institutionsââ¬âhow they ensured the participation of ordinary citizens. They were the final guardians of freedom, not the grandi. He paid hearty compliments for the ââ¬Å"tribunes of the plebsâ⬠(an institution of only the lower class) for exercising check and control over the power-grabbing craze of the grandi. Machiav elli goes a step further. The tribunes are vested with powers to frame charges against the members of the senate and indict them for corruption publicly and the private citizens will be punished accordingly if they try to exert pressure on the politics of the republic. That was a model system of punishment where
Wednesday, October 30, 2019
Soda Ban NYC Research Paper Example | Topics and Well Written Essays - 500 words
Soda Ban NYC - Research Paper Example It is in the wake of this situation that the Mayor of New York decided to undertake yet another step to help the citizenry cut back on its damaging lifestyle, reduce soda intake. This move comes at a time when three crucial issues loom over the city. The first one is that previous methods to address obesity yield minimal positive outcomes. In the past, the mayor has implemented a few notable policies. Restaurants indicate on the menu the amount of calories in each meal, but people still order big Macââ¬â¢s. A ghastly depiction of the dangers of smoking did nothing to reduce the smoking rates (Hu). Stores started stocking low fat milk and replaced white bread with whole meal bread, but there is little to report in regard to positive results. As such, new more aggressive methods beckon, and Mayor Michael Bloomberg is taking the bull by its horns. Secondly, the health of the population is at its worst compared to a decade ago. The connection between the high rates of weight gain and the lifestyle of the people is not questionable. Shockingly one of the lifestyles people choose is the high calorie giant sodas! It is shocking because people have alternative, healthy beverages, but they still prefer unhealthy soda. Doctors claim that there is an increase in diabetes, hypertension, and cardio vascular complications related to unhealthy lifestyles and weight gain (Hu). These complications are responsible for a significant portion of mortality among Americans. Sadly, even young children are catching on with the new trend of diseases previously thought to affect only adults. Doctor Dr. Steven M. Safyer is clear on the fact that consuming too many calories in the absence of exercise is a sure way of adding not just weight but excess weight. Thirdly, the cost of health care is spiking, and the amount of money spent on these health complications is crippling. Currently, over 20% of national medical spending is for addressing obesity and related
Monday, October 28, 2019
Negotiation with chinese Essay Example for Free
Negotiation with chinese Essay We wish to express sincere appreciation to Professor Shia Yun Chiang for his assistance in the preparation of this manuscript. In addition, special thanks to Yama (Yuehai shoe material Ltd) whoââ¬â¢s familiarity with the needs and ideas of these team and was helpful during the early programming phase of this research. INTRODUCTION Continental Design is a company where excellence and customer satisfactory are priority. After ten years of being in business, continental now seeks to enter the Chinese market. On Thursday, June 13th 2013, some members were selected to visit the potential customers of our new shoe-soles designs to introduce and negotiate our terms. These members include Mr. Emmanuel Mlay (Financial Officer), Mr. Robin Sharma(Managing Director), Mr. Cliff Osoo (Contracting Officer), Ms. Bella Chan (General Overseer), Ms. Sandra O. K (Sales Manager). Upon arrival, we were taken in and around the factory to experience their works and then to the meeting room. In this report, we explain further our observation and findings in negotiating with the typical Chinese. This report emphasizes mainly on the observations which includes specifications, mode of conduct, styles and techniques also elaborating on how they work together as individualist or collectivism. Again the language used, what they felt at ease to say, their communication skills, relationships with clients, were also under study. However their reasoning and way of thinking was somehow fascinating and very interesting which this report enlightens ideally and strategically. A brief but very informative research was done to know our potential customers before reaching out to them. The one talked about in this report is ââ¬Å"Yuehai shoes materialâ⬠, a very renowned shoesole company in China. In the end, all business operations can be reduced to three words: people, product and profits. Unless youve got a good team, you cant do much with the other two. 1 1 By: Lee Iacocca 1 Chapter 1 THE CONTINENTAL DESIGN Continental design provides differentiated products that accelerate innovations in the global design market. With ten years of experience and commitment, Continental design has grown to be one of the strongest competitors in the field of designing. This company has also spent those ten years in developing its communication and negotiation skills. Its management capabilities have enabled it to technically handle the challenges and efficiently provide products that are best in the market. As Victor Papanek once said ââ¬Å"Design is the conscious effort to impose a meaningful order. â⬠Continental design was founded by a team of five engineers with one primary goal of working hard helping all small and big shoes companies to succeed through professionally enhanced designs. Today, Continental design is a full-service independent company with about 10 percent of the world market share. Our services cover the whole of Africa, South and North America, Middle East and few countries in Asia. Recently we have initiated our first staple toward China market. 2 BUYERS COMPANY PROFILE Yuehai Shoes Materials Yuehai shoe material has more than 20 years of manufacturing experience and large number of qualified senior employees who are devoted to settling problems and confronting challenges. It has adopted advanced equipment from Taiwan and main land China. The production technology is matured and reliable; at the same time it uses the original material that makes its products to be famous by their high qualities. Its domestic market ranges from Guangzhou and Dongguan where there is a stiff competition that helps them to develop new and up-to date designs that meet the market demands. It then covered the whole of China before capturing Europe and America as the first target in external market. Most recently, it has expanded its external market to Middle East and Africa as a whole, where it has entered into more than 10 different countries. Shoes are human daily life necessities. Shoes industries will never perish as long as human being still exists. With the use of imagination this company is committed to continue to develop shoe industries as part of making the life of entire society in the world better off. Address: No. 39 beicun road, huangqi, nanhai district, foshan city, Guangdong province, China. Tel: 8675785938525 Fax: 867578592981 Email: [emailprotected] net Yuehaixe. com. cn 3 Chapter 2 NEGOTIATION PREPARATION In negotiation there are few things that have to be put in place before the negotiating team or person set off for the negotiation. The factors that are mostly considered before negotiation are: ? Length of contract This is the period that the contract will take before itââ¬â¢s renewed again. The seller always concentrate in this factor because it affect the profit the company will make and for how long. Mostly its 1 to 3 years. This factor is important because it also influence the price to be offered to the buyer. ? Volume to be ordered After a seller has agreed on the length of contract then the next thing to talk about is the Volume that will be bought. When few goods are bought, there is a high possibility that the price will be higher unlike when a large quantity is bought; therefore these first two factors influence the price of the item. ? Price The third factor to talk about after length of contract and volume is price at which the good will be sold. In every company, there is a price offered depending on the quantity to be bought, quality and other things needed for production. The larger the quantity, the lower the price will be and vice versa. 4 ? Payment Terms and Services. The most important thing for a company going for a negotiation is; length of contract, volume and price and other things like payment terms and services comes up later. The last two remaining factors are considered to make sure that the items agreed before is taken into account in a proper manner. Payment terms are important because even if you have a long contract with large volume but payment is not done in time, you will have to lose something. Services are offered to the buyer to make sure he/she is satisfied with the goods bought. 5 SELLERââ¬â¢S WISH LIST. Here we made our wish list before we went to the meeting. We had decided our lowest price and the contract length. Below you can see the result of our company board meeting before going to negotiate with Chinese company ITEM2 Length of contract Volume Price Payment terms Services WEIGHT 40% 25% 20% 10% 5% RANGE 2-1 Years 500-100units/month $200-$150 10-15days 5/5-8/5 In the following table you can see that we agreed to have at least 1 year contract with Chinese company. As they are old and experience company, we believe that it wonââ¬â¢t be any problem even if we have 2 years long contract. In terms of volume we were ready to deliver any amount till up to 500 per months. Price was the main concern of our meeting. We know that they will try to spend more time on the price negotiating and knowing we have many competitors in the market, we needed to come up with a very good price range. We also had an agreement on payment terms which should meet within the short period. Lastly, we agreed to offer them a good customer service. 2 Professor Shia Yun Chiang Power point presentation-Estimating wish list ,Power point presentation slide no. 9 10 6 THE AGREEMENT ZONE In every negotiation, there are two possible outcomes. The parties can either reach an agreement or not. The first situation is where the seller and the buyer donââ¬â¢t reach an agreement at all, either, due to the buyer or seller not agreeing with the offer given. The second situation is where the two parties (Buyer and Seller) reach an agreement and signs a contract for the business to take place immediately. For the two parties to reach an agreement, they will have to consider their Consequence of No Agreement (CNA). CNA will either make the two parties to agree or disagree. BUYERââ¬â¢S WISH LIST ITEM3 Price Services Payment terms Length of contract Volume WEIGHT 45% 25% 20% 5% 5% RANGE $100-$150 8/5-5/5 Cash transfer 3-1Years 50-100units/month After a lengthy discussion with the buyer, following were the outcomes of negotiation; OUTCOME ITEM Price Length of Contract Volume Payment Terms Services DETAILS $150/Design 1 Year 100 Units/month Cash Transfer in 2 days 10 Days training Professor Shia Yun Chiang Power point presentation-Estimating wish list ,Power point presentation slide no. 9 10 7 Chapter 3 OBSERVATION VALUES AND THINKING IN NEGOTIATION. When going for a negotiation one has to learn the buyerââ¬â¢s values in thinking. These values differ from one country or one region to the other and it can cause a misunderstanding between the two parties. According to the research we did about Chinese negotiation, we found out that Chinese are more relationship oriented than Africans and even other nations. As soon as we entered into the Chinese office for the negotiation, they offered us Water. This proves that they are more relationship oriented; they use this to build a rapport between their clients even before negotiation. Another thing that the company we were negotiating with did is that, they invited us for supper. In these acts we can see how Chinese people are mostly towards relationship with their clients unlike other European countries or America and even Africa. Before us reaching a conclusion, the Chinese people asked a lot of personal questions even in the middle of our negotiation. Some of the questions they asked were; When will you go back to your country? Do you like china? Is your country very hot than china? These personal questions that are not related to business are a clear picture of Chinese values and thinking in a negotiation. ââ¬Å"As a general rule, itââ¬â¢s always safer to adopt a formal posture and move to an informal stance, if the situation warrants it, than to assume an informal style too quicklyâ⬠4 4 As Jeswald W. Salacuse- (Ivey Business journal) 8 . During our research, we were also able to notice some of the things that are not common in African countries and even other continents. The first thing that they did is to welcome us in a very encouraging manner that made us feel at home, and with such hospitality, we were able to do the negotiation having been convinced that Chinese are good business people. This kind of hospitality that Chinese people give to their clients make them win in the businesses they negotiate in because the other party will feel so cared for that they can trust the offers given. Another thing we noticed in the research is the way they asked us whether someone has introduced us to the company or we looked it up in the internet. At the beginning I didnââ¬â¢t see the reason why they should be concerned with how we got to know about the company, but after we finished the meeting I had to ask and what they told us is, in Chinese (Intermediary/ middleman). This is one of the things that make us to realize how important Chinese value relationship in the business arena. The other behavior that we observed in the process of visiting and doing the negotiation is that, immediately we arrived at the factory, we were received and taken around the factory to see how they do their production and even explaining every step of production line. This really made us feel honored and we started to see them as transparent and responsible people, something that needed in business so much. ââ¬Å"Chinese negotiating style is people oriented and permeated with such Confucians notion as guanxi, renqing, face, family age, harmony, hierarchy, li (etiquette)â⬠5. 5 As said by Tong Fang ââ¬âChinese Business Negotiating Styles 9 CIRCULAR REASONING TALKING In our haste to market our designs for shoe soles. We came across various ways in which Chinese carry out their business negotiation. While most of the companies we approached exhibited the sequential kind of talking, the Chinese demonstrated the circular type. Interestingly, as we tried to obtain information and answer their questions regarding our products, we realized that Chinese, when not interested in your product would rather beat about the bush than going straight to the point. This is mostly demonstrated in the time of negotiating prices. This makes it hard to determine their stance in terms of buying the product. It is almost impossible at that moment to determine the level of consequence of no agreement on the buyerââ¬â¢s side. As much as you try explaining and convincing Chinese buyers who are less interested in a product, you will end up just like before. It is hard for them to say ââ¬Å"noâ⬠point blank. This I believe is because of the long courting and relationship they build up with their business partners before negotiating. For instance, in one of our interviews, the interviewee mentioned after our refusal to take lunch with him that it is the culture of Chinese people to dine with their potential business partners irrespective of their interests. He explained that not only does this emphasize politeness; it also creates room for next or future cooperation. That is why in almost every meeting with a Chinese business man, you are served tea or water even before the talking starts. As pleasing as this might sound, it is also the reason behind the average Chinese would want to beat about the bush when not interested in the product for sale. Relationship and friendship are commonly used to obtain a better price and more concessions. 10 Herbig and Martin (1998), Stark, Fam, Waller and Tian (2005), and Zhu et al. (2007) all found that the Chinese do not rush into the negotiation, but rather, spend a lot of time in getting to know their counterparts as much as possible, even including personal information in order to build guanxi and trust from the beginning. Another finding is that they would want to end the meeting peacefully and friendly just as it had started without having to ruin the relationship or hurt anyoneââ¬â¢s feelings, yet they have to decide whether or not to purchase the product. According to Faure (1999), the Chinese focus more on relationship building during this stage, as they need to know their counterparts for any business deal to occur. This negotiation practice might cause conflict with Westerners, as Westerners prefer to start negotiations straight away after basic greetings and introductions. Rule how to be successful in dealing with Chinese: ââ¬Å"Be fair, reasonable and diplomatic: ââ¬Å"If your Chinese counterpart believes that you are being unreasonable, they may not openly say so, but your negotiations are likely to stall and go nowhere. If you disagree with your counterpart, donââ¬â¢t simply reject their position out of hand, but carefully explain your reasoningâ⬠. 6 6 ââ¬Å"Forbesâ⬠by Jack Perkowski (Negotiating in China; 10 rules for Success 11 QUESTIONING INTERRUPTING Weââ¬â¢ve had several encounters with many customers throughout the years, but what makes the Chinese customers outstanding is their mode of questioning. Unlike our African customers, they tend to interrupt and chip in their questions whiles you are talking. In some cultures, this might seem rude and impolite but this is not so for Chinese. They are very cooperative, assertive and defensive. This encourages and makes the one talking feel heââ¬â¢s being listened to. This normally generates positive feedback. During one of the interviews conducted, it came to our realization that, the typical or traditional Chinese interrupts more than the Chinese who has been open to Western culture. Customers who deal with Westerners or Africans have adjusted to some of their negotiation skill. This we believe will go a long way to influence most Chinese business partners. Their character or attitude of seeking and asking questions is different from other people in the sense that Chinese exhibits a character of ââ¬Å"Xenophobia which is a distrust of all things foreign to oneââ¬â¢s own culture. Xenophile is a lust to obtain all things new and or foreign. The Chinese have become inclined to distrust anything and everyone from foreign lands due to their history of violent revolutions and government seizures and changes. On the other hand, they have also seen the new technologies and high standard of living in the West, and many Chinese struggle with these mixed feelings as they pursue business opportunities with foreigners and seek to acquire western technologies ââ¬Å"(Pye, 1992) 12 COLLECTIVISM Under collectivism, the means of production are owned and controlled by the state or the people as a whole. Also, it describes any outlook or philosophy that stresses the interactivity between people. It is often consider as opposite of individualism. There are two basic types of collectivism: horizontal and vertical. In the horizontal type, members are considered to be as equal as possible, and share resources and responsibilities. The vertical include a social hierarchy that society member work to maintain, and people submit to those above them in the hierarchy. Collectivism in China When Mao Ze Dong came into power; he strengthens the collectivism by eliminating landowners and individualists, sending nearly everyone to work in collectivist communities. Therefore, China has been more collectivist than individualist in both ancient and modern history. Many research states that, there are many leaders in China today who believe that the days of collectivism in China will soon be gone. There are several reasons for this. First is that the ââ¬Å"one-child-policy,â⬠especially in the cities, it gives us many younger citizens who have been raised to believe that they hold a special place in the world. This kind of upbringing leads to individualism over collectivism. In business point, there are still many examples of collectivist thinking. For example, When we(foreigner) and Chinese, began to work together, mainly the Chinese look towards the team as 13 the reason for the company success, but on the other hand, the foreigner(us) were trying to identify individual high performers. Thatââ¬â¢s one of the different between Chinese and foreign culture. Collectivism between our culture (as a foreigner) and Chinese Collectivism is a cultural pattern found especially in East Asia, Latin America, and Africa. But nowadays societies are not purely individualist or collectivist, but some of them are the mixture of the two. Western and Northern Europe, USA, Canada, Australia, and New Zealand are individualist. Conclusion Although there are few countries fully apply in collectivism, like North Korea, most of the countries are applying the mixture of collectivism and individualism. Those countries practicing collectivism mainly have a low GDP level, because it affects trade with the other countries. 14 THE RELATIONSHIP BETWEEN SPECIFICATION OF TIME AND PRICE. The important aspects when we negotiate with Chinese: Patience is the most important qualification for successful negotiations with the Chinese. Negotiations in China often take time because of different departments within one organization tend to be involved in negotiation processes and decision-making within the Chinese bureaucracy often takes time. By Confucianism, Chinese will not rush into any serious meetings with someone whom they do not know; trust and a certain feeling of closeness. Here is the example of Chinese negotate style we found. It prove that, to negotiate a favourite price with Chinese, obviously we need time. 1. Donââ¬â¢t expose too much of your interest in a product you want to buy even though youââ¬â¢re really drawn to it. It is better to act like that it does not matter to you and you donââ¬â¢t have to have it. Sometimes the sales person would tell you if he or she can judge from your facial expression that you really want that item. 2. In the first time you will never get the exact item for the price. Usually the sales person would try to seduce you by offering an unfavorable price. For example, for a necklace placed at $100, if you ask the sales person for discount, perhaps for the first time she would give you a discount like $90. Donââ¬â¢t take it. Just think that it is too high and walk away. Sometimes the sales person would shout at your back and offer much more favorable discounts. 15 3. The second negotiation is to reach a middle point. Try to get 45-60% discount of the original price. If it is impossible, try to get somewhere around 70-85%. Try to negotiate in a friendly way. If the agreement cannot be reached, walk away again. 4. The final negotiation will be the last attempt. Be firm and try to get 40% off. Some might finally give you 40% off, while some canââ¬â¢t due to different price strategies involved and store renting fees, staff cost, etc. To compare with our culture(as a foreigner), in our country, all the goods had set their fixed selling price, and most of the company usually have their own rule for market selling, therefore the vacuum for price negotiate will be less. 16 LANGUAGE BARRIER Our group members come from Nepal, Ghana, Tanzania, and Hong Kong. We speak different languages. English is our second language. We often face with language barrier within and outside the group. . Language barrier often is a big problem. If this was an outsourcing job or transcription work, language would probably have a major role, as both require clear understanding of the accents, practice of speaking in a fluent way. Cause of language barrier: 1. Emails written communication we should be able to clearly understand written instructions and reply with clear and also follow rules in a polite way. Sometimes we often wrote a business mail in a friendly tone, instead we should write in a formal way. 2. Phone Calls While working with an outsourcing partner, providing a phone number for emergencies may seem to be a good idea. However if this phone number happens to be attended by a non-English speaking person, it will serve nothing but a source of irritation. So we can think of giving the mobile number of a representative who can speak with clear and patience even if the resolution is not attained on the call in itself. 17 Useful method between different language. Pictogram and simple image are useful method as icon or sign for almost every place. It means they are efficient to give information to people without any words. They have high possibility to support the communication between two people without spoken language. Conclusion We need to use English to communicate with each other, when we were going to Nanhai to take the video, sometimes we need to use Chinese to communicate with the local Chinese people. When people from different countries speak in different languages, we often face difficulties an understanding each other. We cannot express our meaning in a proper way. During our research, when we took the train, there was problem in translating Chinese characters. So it is quite hard for us to find the way to the shoe factory. In addition, the English level of a local Chinese are mainly still in low level, some of them even cannot understand what we are asking. I think it is what we are called language barriers. 18 Chapter 4 TIPS TO NEGOTIATE WITH CHINESE The intensive research negotiation we conducted at Yuehai Shoes Materials factory widened up our knowledge about Chinese negotiation. We believe through this report you have acquired some usefully tips on how to strategically negotiate with Chinese. Upon what you have learned here are our recommendations for you to conquer any negotiation: ? Be preparedâ⬠¦Ã¢â¬ ¦ Make sure you are well prepared. ? Understand the cultural differencesâ⬠¦. Get to know the other culture. ? Donââ¬â¢t be afraid of negotiationâ⬠¦ if you can talk you can negotiate. ? Show some emotions (share some burden)â⬠¦remember, people value them. ? Be on time.. time is money. ? Be carefulâ⬠¦ use appropriate language. ? Be in controlâ⬠¦ donââ¬â¢t allow other things to distract your focus. ? Give some room for the other party (compromise whenever necessary). ? Show some vivid exampleâ⬠¦ a picture is worth a thousand words. 19 CONCLUSION ââ¬Å"Deal is always better that no deal. â⬠7 As hard as negotiation may seem to be, its outcomes are almost always worth the endurance. In different cultures where there are different goals, different point of views, different interests, different values and beliefs, different needs and different decision making styles; it takes a considerably huge amount of effort for sellers and buyers to reach the agreement zone. Both parties must be willing to give up part of their wish or lower their requirements which do not happen easily. With better understanding of both cultures of the parties involved, the negotiation will yield more significance solutions. One should keep in mind that negotiation is the cornerstone of any successfully business in the world. Despite the difficulties involved in the strategic negotiation, lets us follow the words of one of our great fathers who once said, ââ¬Å"Letââ¬â¢s never negotiate out of fear, but lets us never fear to negotiate. â⬠8 7 Professor Shia Yun Chiang class PowerPoint presentation 8a.
Saturday, October 26, 2019
Creon and Antigone as Tragic Heroes in Sophocles Antigone :: Antigone essays
Creon and Antigone as Tragic Heroes Creon and Antigone, main characters in the Greek tragedy Antigone by Sophocles share some of the same characteristics that make up a tragic hero, but to varying degrees. Antigone, daughter of her mother/grandmother, Jocasta, and father, Oedipus is head strong, proud, and stubborn. She had three siblings, Ismene her sister, and two brothers Eteocles and Polyneices who found there deaths at the end of each others sword in battle over which would become king of Thebes. Antigone's pride fullness and loyalty is revealed when Polyneices is denied proper burial by her uncle and king Creon. The two buttheads in the political for Creon and personal for Antigone situation and bring about the downfall of the royal family. Aristotle's view on a tragic hero is someone that would have to be held in high standards (royalty) in order to evoke compassion and anxiety in the audience. Creon and Antigone are royalty and share the most important aspect of a tragic hero, each have a tragic flaw. Both of the two characters have an inability to compromise or even reason with. Antigone's tragic flaw was amplified by her loyalty for her brother; she acted irrational, in not taking preparation or thoroughness into consideration when burying her brother. Further more when confronted by Creon, himself she disrespected and basically told him to silence himself because his words were "distasteful" to her. So then sealing her death by becoming an immediate martyr for the wrong cause... anything against Creon's will. Creon, in his paranoia was plagued with the feeling of incompetence and need to establish dominance. His decree that no one would bury Polyneices only provoked the people of Thebes into thinking of him as insensitive to their culture. When his ruling was disobeyed, only led him to him to believe that conspiracy was about and that no matter, family or not, he would punish Antigone, causing a chain reaction of events causing the loss of his entire family, except Ismene. Leaving the audience experiencing pity and fear for both characters. Neither Creon nor Antigone, were either all bad or all good. Creon while tyrant like only wanted Thebes to flourish, Antigone while showing honor to her brother never stopped to really consider the effect that her actions would have on others.
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