Civil 1 Review Syllabus

  Now they are lumped together as ‘illegitimate. ’ Thus, spurious children are given rights. 2. Different solutions to old problems †¢ Example: Change in river course 3. Clarification of old provisions †¢ Example: Under the old Civil Code, there were only void and voidable contracts. With the addition of unenforceable and rescissible contracts, the NCC provides clarification 4. Certain subjects omitted †¢ Examples: The dowry has been omitted; certain leases have also been omitted. The NCC is far from perfect. There are structural defects.Certain things which should be in the preliminary section are found elsewhere. An example of this is the vices of consent. Why are they found in contracts? They are relevant in all juridical transactions. Another example is the topic of degrees of relationship. This is found only in succession. Degrees of relationship are relevant in other books too. Finally, why is tradition found in the law on sales? Tradition is not o nly important in sales. Rather, tradition is a mode of acquiring ownership. PRELIMINARY TITLE I. Effect and Application of Laws Art. 1.This Act shall be known as the â€Å"Civil Code of the Philippines. † Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. †¢ ‘This code shall take effect 1 year after such publication. ’ The SC in the case of Lara vs. Del Rosario that the one year should be counted from the date of actual release and not the date of issue. †¢ Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws. EXECUTIVE ORDER NO. 00 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY WHEREAS, Article 2 of the Civil Code partly provides that â₠¬Å"laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided . . . †; WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tanada, et al. vs. Tuvera, et al. (G. R. No. 3915, December 29, 1986) when it observed that â€Å"[t]here is much to be said of the view that the publication need not be made in the Official Gazette, considering its erratic release and limited readership†; WHEREAS, it was likewise observed that â€Å"[u]ndoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly†; and WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: Sec. 1.Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the â€Å"Civil Code of the Philippines,† and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette. Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. †¢ ‘15 days following’ – does this mean on the 15th or 16th day? The law is not clear. †¢ Under Article 2, publication in the Official Gazette was necessary.Now, under E. O. No. 200, publication may either be in the Official Gazette or a newspaper of general publication. †¢ ‘unless otherwise provided’ refers to when the law shall take effect. It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due process. †¢ General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. †¢ Exception: The law may provide for another manner of publication. Different manner meaning: 1. Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) 2.Change in the period of effectivity †¢ ‘publication’ means making it known; dissemination. It doesn’t have to be in writing. †¢ ‘Change period of effecti vity’ – the gap between publication and effectivity should be reasonable under the circumstances. †¢ Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles) Why? How can you be bound if you don’t know the law. †¢ Requirement of publication applies to all laws and is mandatory. Art. 3. Ignorance of the law excuses no one from compliance therewith. †¢ Ignorantia legis neminem excusat (Ignorance of the law excuses no one). †¢ This is a necessary rule for all civilized society.Otherwise it would be impossible to enforce the law. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy. †¢ There are potential methods to mitigate the severity of Article 3 – Articles 526 (3), 2155, 1334. * †¢ In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good faith since a difficult question of law was involved – antichresis. In this case, the parties were not very knowledgeable of the law. †¢ Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law.In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts will presume the foreign law to be the same as Philippine law. Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. †¢ Lex de futuro judex de preterito (The law provides for the future, the judge for the past). †¢ Retroactive law – one which creates a new obligation and imposes a new duty or attaches a new disability with respect to transactions or considerations already past. †¢ General Rule: Law must be applied prospectively. †¢ Exceptions: 1. If the statute provides for retroactivity. Exception to the exception: a. Ex post facto laws b. Laws which impair the obl igation of contracts 2.Penal laws insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered. 3. Remedial laws as long as it does not affect or change vested rights. 4. When the law creates new substantive rights unless vested rights are impaired. 5. Curative laws (the purpose is to cure defects or imperfections in judicial or administrative proceedings) 6. Interpretative laws 7. Laws which are of emergency nature or are authorized by police power (Santos vs. Alvarez; PNB vs. Office of the President) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. †¢ A mandatory law is one which prescribes some element as a requirement (i. e. wills must be written – Article 804(; form of donations – Article 749†¢) †¢ A prohibitory law is one which forbids something (i. e. , j oint wills – Article 818() †¢ General Rule: Acts which are contrary to mandatory or prohibited laws are void. †¢ Exceptions: 1. When the law itself authorized its validity (i. e. , lotto, sweepstakes) 2. When the law makes the act only voidable and not void (i. e. , if consent is vitiated, the contract is voidable and not void) 3. When the law makes the act valid but punishes the violator (i. e. , if the marriage is celebrated by someone without legal authority but the parties are in good faith, the marriage is valid but the person who married the parties is liable) 4.When the law makes the act void but recognizes legal effects flowing therefrom (i. e. , Articles 1412 & 1413() Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. †¢ What one can waive are rights and not obligations. Example, a creditor can waive the loan but the d ebtor may not. †¢ There is no form required for a waiver since a waiver is optional. You can waive by mere inaction, refusing to collect a debt for example is a form of waiver. †¢ Requisites of a valid waiver (Herrera vs. Boromeo) 1. Existence of a right 2. Knowledge of the existence of the right 3.An intention to relinquish the right (implied in this is the capacity to dispose of the right) †¢ General Rule: Rights can be waived. †¢ Exceptions: 1. If waiver is contrary to law, public order, public policy, morals or good customs 2. If the waiver would be prejudicial to a 3rd party with a right recognized by law. (e. g. , If A owes B P10M, B can’t waive the loan if B owes C and B has no other assets. ) †¢ Examples of waivers which are prohibited: 1. Repudiation of future inheritance 2. Waiver of the protection of pactum commissorium 3. Waiver of future support 4. Waiver of employment benefits in advance 5. Waiver of minimum wage 6. Waiver of the right t o revoke a will Art. 7.Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. †¢ Article 7 is obvious because time moves forward. †¢ Only subsequent laws can repeal prior laws either through: 1. A repealing clause 2. Incompatibility of the subsequent and prior laws †¢ The violation of a law is not justified even if: 1. No one follows the law (i. e. nonpayment of taxes) 2. There is a custom to the contrary †¢ The 2nd par. of Article 7 is judicial review in statutory form. Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. à ¢â‚¬ ¢ This is a new provision taken from common law. Under the civil law tradition, the court merely applies the law. However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Art. 10.In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. †¢ What if the law is silent? The court should render a decision based on justice as stated in Article 10. Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. †¢ What if customs are not contrary to law? The custom would be countenanced. However, this does not mean that the custom would have obligatory force. Art. 12. A custom must be proved as a fact, according to the rules of evidenc e. †¢ The law doesn’t specify the cases when custom is relevant in litigation. But in case custom is relevant, it should be proven. †¢ Commentators say that custom is important in cases involving negligence.For example, if a kalesa in Manila is by custom supposed to have rattan baskets to prevent people from slipping, if a person slips because there is no rattan basket, then he can sue for negligence. Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. †¢ Article 13 has been superseded by Executive Order No. 292 (the Revised Administrative Code of 1987) – Book 1,  §31. Sec. 31. Legal Pe riods. â€Å"Year† shall be understood to be twelve calendar months; â€Å"month† of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; â€Å"day,† to a day of twenty-four hours; and â€Å"night,† from sunset to sunrise. †¢ Under E. O. No. 292, a year is now equivalent to 12 calendar months and not 365 days. Under Article 13 leap years are not considered. For examples, in order to make a will, one has to be 18 years old. But if you use Article 13, one loses 4 to 5 days if you don’t count the leap years. E. O. No. 292 is better than Article 13 since it is more realistic. †¢ There should have been a definition of hours.That definition is relevant for labor law. According to Professor Balane, an hour should be defined as 1/24 of a calendar day. If you use the definition that an hour is equal to 60 minutes, then we would have to define minu tes, then seconds, and so on. It would be too scientific. II. Conflicts of Law Provisions Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. †¢ Two principles: 1. Territoriality General Rule: Criminal laws apply only in Philippine territory. Exception: Article 2, Revised Penal Code. ( 2.Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. Treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e. g. , Bases Agreement) b. Heads of State and Ambassadors (Note: Consuls are subject to the jurisdiction of our criminal courts. ) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. †¢ Theories on Personal Law: 1. Domiciliary theory – the personal laws of a person are determined by his domicile 2.Nationality theory – the nationality or citizenship determines the personal laws of the individual †¢ Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status and legal capacity of Filipinos are governed by Philippine law. †¢ General Rule: Under Article 26 of the Family Code, all marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such, is also valid in the Philippines. †¢ Exception: If the marriage is void under Philippine law, then the marriage is void even if it is valid in the country where the marriage was solemnized . Exception to the exception: 1. Article 35, 2, Family Code Art. 35.The following marriages shall be void from the beginning: (2) Those solemn ized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 2. Article 35, 3, Family Code Art. 35. The following marriages shall be void from the beginning: (3) Those solemnized without license, except those covered the preceding Chapter; Even if the foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will recognize the marriage as valid as long as it is valid under foreign law. Art. 16, 1. Real property as well as personal property is subject to the law of the country where it is stipulated. †¢ Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the country in which it is located). †¢ In Tayag vs.Benguet consolidated, the SC said that Philippine law shall govern in cases involving shares of stock of a Philippine corporation even if the owner i s in the US. Art. 16, 2. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. †¢ This is merely an extension of the nationality theory in Article 15. †¢ The national law of the decedent regardless of the location of the property shall govern.Thus, the national law of the decedent shall determine who will succeed. †¢ In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the law of the Philippines should govern regarding the distribution of the properties is invalid. †¢ In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was a citizen of California who resided in the Philippine. The problem was that under Philippine law, the national law of the decedent shall govern. On the other hand, under California law, the law of the state where the decedent has his domicile shall govern. The SC accepted the referral by California law and applied Philippine law (single renvoi). Problem: What if the decedent is a Filipino domiciled in a foreign country which follows the domiciliary theory? According to Professor Balane, one way to resolve the situation is this – Philippine law should govern with respect to properties in Philippine while the law of the domicile should govern with respect to properties located in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solem nities established by Philippine laws shall be observed in their execution.Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. †¢ Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are governed by the country in which they are executed) †¢ There is no conflict between the 1st of Article 16 and the 1st of Article 17 since they talk of 2 different things. †¢ Thus, the formal requirements of a contract involving real property in the Philippines must follow the formal requirements of the place where the contract was entered into. However, if what is involved is not the formal requirements, then the law of the place where the properties (whether real or personal) are located shall govern. Art. 18.In matte rs which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. III. Human Relations Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. 22.Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant , the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Art. 25.Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another’s residence; (2) Meddling with or disturbing the private life or family relations of another; (3) I ntriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Art. 27.Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omi ssion may be instituted. Such action requires only a preponderance of evidence.Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31.When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result o f the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom or religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; 6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contra ry to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be a free from involuntary servitude in any form; (15) The right of the accused against excessive bail; 16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief.Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Ar t. 34.When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender.Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code

Formalism vs Substantivism

The Disembedded economy Why might Polanyi claim that disembedded economies are less stable than embedded ones? Does a market society require a certain level of insecurity for its members? How might people find a disembedded economy empowering? Can there be such a thing as a ‘pure’ market society? Is ‘marketization’ a helpful concept with which to understand contemporary capitalism? Industrial capitalism and machines etc were all part of the establishment of the market economy. The motive of subsistence must become one of gain. The merchant makes his profits on the market and prices are allowed to regulate themselves.Such a self-regulating system of markets is what we call a market economy. The transformation to this system is like the metamorphis of a caterpillar- so stark that it is almost not like a continuous process. Machines in a society transform nature into a commodity. Dalton on Polanyi: Material self-gain is institutionally enforced In traditional b ands the institutions through which goods were produced and distributed wer embedded in an inseperable part of social institutions, and the economy functioned as by product of kinship political and religious obligations and relationships. economy’ is not a field of experience of which humans have always been aware. Primitive societies are gemeinchaften not gesellshaften. Hunger is not an incentive for production. Classical economics and Marxist socialism came from the industrial revolution. Laissez faire capitalism was created in response to the need for machine technology Burling Economics deals with the material means to man’s existence: Does the good have to be ‘material’ in order to be in the realm of economic? Price of a ticket or the cost of someone’s wages are not material yet are economic.We economize between material and non material ends. Do I work overtime in order to afford myself a DVD or do I refuse the overtime and have more leisure t ime at home with my family? Polanyi makes the distinction between economics in the substantive sense that’s material, and in the formal sense- rationalizing and calculating. Polanyi says that because we have the market these two aspects come together but they wouldn’t in a primitive economy. Primitives economize too. The materialness is irrelevant.Economics is the distribution of goods and services: But not any goods and services, only economic ones†¦ which makes this statement useless. If its to do with price systems then some societies don’t have economics. ‘Economics is the allocation of scarce means to multiple ends’ Draws parralells with Freud and maximizing by sacrificing pleasure for future gain. We need to escape the notion of economic as involved with the material , in order to move on with the discussions. Cook ‘Love distorts indeed, but hate distorts even more’Substantivist theory built around the market and pre-market s ocieties. Now the pre-market societies are almost extinct. Dalton- the section being dominated by the market principle is becoming enlarged. Bohannan- transitional and peasant economies are mentioned. Frank knight and merville herskovitz debate- herskovitz didn’t understand the economic man. Romantic anti-market syndrome Polanyi-primitive societies, reciprocity and redistribution- alledgedly a conflict-free model. Le Clair- why is there a felt need for a substantivist definition of economics.Polanyi and Dalton- scarcity is solely a function of social organization Anti market ideology. Go against the scientific method of enquiry- test and dismiss Dalton Economic theory cannot be applied to primitive economies Economic theory was influenced by factory industrialism and market organization. The market continues outside of market places in the west It is market organization that compels its participants to seek material self-gain: each must sell something of market value to acqui re the material means of existence.Back in the 19th century the economy was a cohesive entity apart from other subsystems in society. Neither government, family or religion controlled market organization. They did obviously affect supply and demand though (eg more fish in catholic countries). When market organization is economy wide it creates a market society in the sense that social organization has to adapt to market needs to allow the sustained provision of material goods and of money incomes with which to acquire goods. A market economy can only exist in a market society†¦ society itself is subordinated to the laws of the market’- Polanyi (e. g when labourers wages drop they look for work elsewhere and migrate, so location of population conforms to market registered needs for labour) The market economy is highly decentralized, and this reinforces the atomistic view of society as simply an aggregate of self-interested individuals. William Townsend- hunger makes peopl e workMalthus- natural fertility of humans makes food scarce and population growth brought about wages. Man’s existence requires material sustenance, but not unlimited wants, this is product of social organization. Economic in the substantive sense ‘provision of material goods which satisfy biological and social wants’. Economic in the formalist sense is described by the terms ‘economical’ and ‘economizing’. Denotes a set of rules designed to maximize the achievement of some end or to minimize the expenditure of some means.Substantivists believe that all places have an economy, but formalists believe that all places economize. In primitive economies people do not want profit. Where money is used in a primitive economy, it is not all-purpose money. -cattle/bridewealth. Market economy is unicentric because of the wide variety of material items and labour transacted in the sphere of market exchange. In contrast, primitive economy is multice ntric and the dominant centres are organized through nonmarket patterns of intergration such as reciprocity and redistribution.What is a money economy to an anthropologist appears as a market economy to an economist. In primitive economy the basic institutional precondition is absent, the bulk of material income is not derived from, and therefore does not depend on market sales of output. Firth in NG-There is no final measure of the value of individual things, and you can’t make everything have a value in relation to one thing as there are many types of exchange.In primitive societies there are no penalties for non-repayment of loans. Primitive economy is different from market industrialism not in degree but in kind. Cancian Considers the two sides of the argument Formalists- even if a man is maximizing using only the scarcity of his human energy it is still maximizing. So he is economizing. It’s wrong to reject the strategy before trying to balance the equation. Burli ng-economic anthropology should be the search for the multiple actors that people maximize. t

Accounting Financial Report Analysis

In this given report, the financial data obtained from the annual report of Procter & Gamble and Unilever is to be discussed. Financial data of three years is to be used for obtaining key ratio, which shows the performance of a company. Based on the ratios determined comparison will be done for the three years. Also, inter firm comparison will be made based on the ratios determined and after that recommendation will be given so that the company can improve their financial position in future (Weil, Schipper and Francis 2013). The variances in different ratios that determine the profitability, liquidity and activity position of P&G and Unilever during the period of three years is analyzed and assessed, based on which the predicted outcome is determined. The investors and other users of financial statement can use the above ratios to understanding of the overall position of the company. This will help them to decide in which they want to invest (Hoskin, Fizzell and Cherry 2014). The creditors who have given supplies to the companies can have an overview of the fact that their debts are secured or not and whether the company has the ability to pay off their debts quickly. They can have an idea of the liquidity position of the company by analyzing the current ratio of both the company. EPS and return on equity will help the investors to understand the earning capacity of P&G and Unilever on their investment, which will help them to decide in which company to invest further (Vogel 2014). Return on asset will help funders of the company to understand whether the company id efficiently using its asset to generate income. In this section, the financial ratios determined from the financial data available from the financial statement of Procter & Gamble and Unilever will be analyzed and assessed. Based on that recommendation will be given on the performance of those two companies.   The income statement, balance sheet and ratio analysis of Procter & Gamble for three years is discussed below based on which analysis is done. Earning before interest and and taxes Net margin (Net profit/Turnover*100) Return on asset (Net profit/Total asset*100) Return on Equity (Net profit/Equity*100) Asset Turnover (Turnover/Total   Asset) Earning per share (EPS) (Net profit/Number of shares) Current Ratio (Current Asset/Current Liability) Debt Equity ratio (Long term debt/Equity) Receivable turnover (Turnover/Account Receivable) Net profit margin shows the profit earning capacity of a company with respect to its turnover. For P&G, it has increased by 0.48% in 2014 but it has again decreased by 2.36% in 2015, which must a worrying factor for the management of P & G. However, year 2015 was a tough fiscal as addressed by Mr. A.G. LAFLEY, Chairman, President and Chief Executive Officer of Procter & Gamble in the annual report. P&G is a very renowned company, which has a very high brand value so it is expected that will turn around in its near future. Return on asset (ROA) has also decreased by 0.11% and 1.20% in 2014 and 2015 respectively. ROA determines how the management of the company is utilizing its asset to generate profitability. As it is decreasing it implies that management is not able to utilize its asset properly which must be take proper care of. Return on equity (ROE) has increased in the year 2014 by 0.09% whereas it has again decreased in the year 2015 by 2.58%. ROE implies the earning of the shareholder with respect to their investment in the company (Healy and Palepu 2012). If it has a deceasing trend then it is not at all beneficial from the view point of the company as shareholders will be de-motivate to invest further in the company if their investment is not earning well in P&G. New shareholders will also not be willing to invest if they analyze this ratio from the financial statement available publicly (Feng et al. 2014). Asset turnover ratio is used to determine whether the company is properly using its asset to generate revenue for the company. The higher the ratio is, the better it is for the company. Though this ratio has decreased during the three years period, P&G has maintained at this ratio at a range of 0.58-0.60, which is a good sign. However, it should try to increase this ratio in the near future. EPS has a huge implication in the stock market. It shows how the company has been performing with respect profitability per share (Weygandt, Kimmel and Kieso 2015). It has increased in 2014 by 0.12 but it has again decreased year 2015 by 0.92, which may be due to the economic down turn faced by the company. Therefore, it is expected that it will turn around in near future. Current ratio determines the capability of the company to pay off its short-term liability by selling its current asset in case of urgent need (Tan, Zhang and Liu 2013). This ratio should be maintained as high as possible. If it falls below 1 then it is danger sign for the company. However, it was below 1 during the year 2013 and 2014 P&G has been able to take this ratio to 1 in the year 2015. Debt-Equity ratio shows the mix of debt and equity funding of a company. This ratio should be kept as minimum as possible (Connolly, Hyndman and McConville 2013). Outside funding should never be more than own funding otherwise the company may be at risk of getting leveraged buyout. In case of P&G, it has been able to maintain it at a low level of 0.28 to 0.29 during the year 2013 to 2015, which is a very good indicator for the company. Receivable turnover ratio indicates how a company manages the credit issued to their customers (Harper 2016). If the ratio is high then it implies the company is efficient in collecting its receivable or it has a good customer base that can pay off debts fast. In case of P&G, this ratio has decreased by -0.89 in the year 2014 but it has again increased by 2.69 in the year 2015, which is a good sign. It has been able to maintain this ratio well above 10 that means it’s customers are capable in paying off their overdue quickly.   Earning before interest and and taxes Net margin (Net profit/Turnover*100) Return on asset (Net profit/Total asset*100) Return on Equity (Net profit/Equity*100) Asset Turnover (Turnover/Total   Asset) Earning per share (EPS) (Net profit/Number of shares) Current Ratio (Current Asset/Current Liability) Debt Equity ratio (Long term debt/Equity) Receivable turnover (Turnover/Account Receivable) In case of Unilever, its net profit margin has increased during 2014 by 0.95% but it has again decreased in 2015 by 1.46% that means its operating and other expenses have increased during this year (Needles, Powers and Crosson 2013). Therefore, Unilever must take measures to control its operating and other expenses. ROA has increased by 0.13% in 2014 but it has again decreased by 1.46% in 2015 that means Unilever is not able to utilize its asset efficiently to generate profit. This may have a negative impact on the stakeholders of the company, which must be taken into account by the management of the company immediately (Collier 2016). ROE has increased during 2014 by 0.13% whereas it has again decreased during 2015 by 1.38% that means it has not been able to generate higher return for the shareholders on their investment. This may discourage their shareholders to invest further in Unilever. Therefore, management must make sure this ratio does not fall further otherwise it may hamper the reputation of the company (Zakaria and Islam 2014). EPS has increased in 2014 by 0.11 whereas it has again decreased in 2015 by 0.09, which is not a good indicator for the company. The management of Unilever must take initiatives to increase its EPS in future years. Asset turnover ratio, which has decreased in 2014 by 0.09, has again increased in 2015 by 0.01, which indicates that Unilever is efficiently using its asset to generate revenue, which is a good sign for the company. Current ratio, which has decreased by 0.07 in 2014, has again increased in 2015 very insignificantly and it is well below 1, which must be a worrying factor the management of Unilever (Needles, Powers and Crosson 2013). Debt-Equity ratio is currently ZERO for Unilever that means it has no outside funding, which is very good sign. Receivable turnover ratio, which has decreased by -0.74 in 2014, has again increased by 1.46 in 2015 that means it is managing its credit period efficiently.   In this part, detailed discussion will be done on any one coefficient of P&G and Unilever and comparison will be done between them. It is better to select current ratio for the analysis purpose as it is one of the most important or key ratio for determining the liquidity and financial position of a company. A company is said to be in a good position if its current ratio is at least 2 that means its current asset is two times its current liabilities. It implies that a company can easily use its current asset to pay its short-term debts and if required can also repay some of its long-term debts. It is also known as working capital ratio and should not fall below 1. If it falls below 1 then it is an indicator for the management of the company that its liquidity position is in danger and it will not be able to pay off its debts at this point of time (Elshahat, Freedman and Elshahat 2015). However, it does not necessarily mean that company will go bankrupt. In case of P&G (Table-1), it can be seen that its current ratio was 0.80 in 2013 then it increased to 0.94 in 2014 and finally it became 1 in 2015. Though it was below 1 in 2013 and 2014, it was not much below 1 and made up the gap in 2015. Currently, P&G is in a position where it has the ability to pay off its short-term debts in case of any emergency from its current asset. Therefore, it can be said that P&G is financially stable at this point of time but it should try to increase these ratio further in future as during the past three years it has shown a increasing trend. On the other hand, in case of Unilever (Table-2), it can be seen that its current ratio was 0.70 in the year 2013, which decreased to 0.63 in 2014 and stayed at that level in the year 2015, which is well below one.   By analyzing, the above data it can be said that its liquidity position of Unilever is not that good which means   it will not be able to pay of its short-term debts currently. This indicates that the financial position of the company is in danger and if it is not able to increase its liquidity ratio immediately then its creditors will lose faith in the management of the Unilever. However, this does not mean company will be liquated immediately. It is definitely possible for Unilever to turn around in near future, as it is big brand in the market and very well known for its reputation and high values. While comparing the current ratio of both the company, P&G and Unilever, it can be said that currently P&G is in a better position than Unilever since its current ratio is more by 0.37. In addition, the current ratio is P&G is equal to 1 which is the minimum level that a company should maintain (Sharma and Panigrahi 2013). Whereas for Unilever it is much below than 1. Therefore, it can be said that P&G has a better working capital position and it has managed its liquidity efficiently. However, for both the company it is well below 2 which is considered as an appropriate Current Ratio for a company so the management of both the company should take measures to increase its current ratio in future years. A higher current ratio does not always indicate a better financial position of a company as there are many current assets, which are very slow moving and are not easily salable in the market. From the above analysis, it can be seen that P&G is better in some aspects whereas Unilever is better in some other aspects. Both the company should improve in certain fields as if current ratio is better for P&G whereas debt equity ratio is better for Unilever. Both this ratio reflects the liquidity position of the company so P&G should try to improve its Debt-equity whereas Unilever should try to improve its current ratio. P&G should try to decrease its operation cost in future to increase its profit margin. If profit margin increases then it will automatically increase its return on asset, return on equity and earning per share of the company unless asset and equity base of the of the company changes. Current ratio of P&G is maintained at its minimum level of 1 which is required to be increased to 2 to ensure a better liquidity position. Debt equity ratio of P&G is currently much below 1 i.e. 0.29 which must be worrying factor for the management of P&G as its outside funding is much higher than internal funding. P&G must take initiatives to increase its Debt-equity ratio by introducing new source of equity or by increasing its transfer to general reserve so increase it to above 1 immediately. Otherwise, P&G is at high risk of being leveraged buyout i.e. takeover of the company by the debt funders. On the other hand, Unilever should also try to control its operating expenses so that its net profit margin increases which in turn will increase the return on equity and return on asset of the company. Unilever’s current ratio is very low i.e. it is well below 1 which indicates a danger position for the company. Management of Unilever must take immediate step to increase its current ratio otherwise; its creditors will lose faith in the company.   From the above analysis, it can be said that both the company’s performance has decreased during the fiscal year 2015, as it was a tough year for the whole industry. Both the companies have a very good background and high consumer value so it is expected that their performance will definitely increase in future and they will again turn around. Both the company must focus on controlling their operating cost or increase their revenue to increase their market share. This will help them to increase other ratios also, which have an impact on other aspects of financial position. Both the company must focus on their current ratio especially Unilever since its current ratio is well below one whereas P&G has just maintained the minimum level. Debt equity ratio of P&G indicates a red signal so immediate action must be taken by its management to improve it whereas for Unilever it is ZERO, which shows that it does not have any external funding. Therefore, Unilever must introduce some external funding to get a good mix of external and internal funding. Both the company has a good receivable turnover so they should try to maintain this ratio in future. This above recommendation and comparison is based on ratio analysis that may not always give best results, as there is many limitation and drawbacks of ratio analysis. Since ratio analysis is based on past data, it does not show the future prospects of a company. Therefore, this things must be kept in mind by the investors before deciding on the investment opportunities available to them.  Ã‚   Collier, P., 2016. Accounting For Managers Interpreting Accounting Information For Decision Making 0470845023. Connolly, C., Hyndman, N. and McConville, D., 2013. Conversion ratios, efficiency and obfuscation: a study of the impact of changed UK charity accounting requirements on external stakeholders.  Voluntas: International Journal of Voluntary and Nonprofit Organizations,  24(3), pp.785-804. Elshahat, I., Freedman, M. and Elshahat, A., 2015. Are index measures better than individual measures in assessing the association between environmental and financial performance? A multivariate analysis study.International Journal of Critical Accounting,  7(2), pp.191-212. Feng, M., Li, C., McVay, S.E. and Skaife, H., 2014. Does ineffective internal control over financial reporting affect a firm's operations? Evidence from firms' inventory management.  The Accounting Review,  90(2), pp.529-557. Harper, D., 2016. Accounting Financial Statements Analysis. Healy, P.M. and Palepu, K.G., 2012.  Business Analysis Valuation: Using Financial Statements. Cengage Learning. Hoskin, R.E., Fizzell, M.R. and Cherry, D.C., 2014.  Financial accounting: a user perspective. Wiley Global Education. Needles, B.E., Powers, M. and Crosson, S.V., 2013.  Financial and managerial accounting. Nelson Education. Needles, B.E., Powers, M. and Crosson, S.V., 2013.  Principles of accounting. Cengage Learning. Sharma, A. and Panigrahi, P.K., 2013. A review of financial accounting fraud detection based on data mining techniques.  arXiv preprint arXiv:1309.3944. Tan, L., Zhang, W. and Liu, B., 2013. Forecast Management Based on Enterprise Financial Accounting Report.  Management & Engineering, (13), p.60. Vogel, H.L., 2014.  Entertainment industry economics: A guide for financial analysis. Cambridge University Press. Weil, R.L., Schipper, K. and Francis, J., 2013.  Financial accounting: an introduction to concepts, methods and uses. Cengage Learning. Weygandt, J.J., Kimmel, P.D. and Kieso, D.E., 2015.  Financial & Managerial Accounting. John Wiley & Sons.

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Unethical advertising Essay Example for Free

Unethical advertising Essay Generally speaking, advertising is the promotion of goods, services and ideas, usually by an identified sponsor. Marketers see advertising as part of an overall promotional strategy. Other components of the promotional mix include publicity, public relations, personal selling and sales promotion. Advertisement Advertising is a form of communication whose purpose is to inform potential customers about products and services and how to obtain and use them. Many advertisements are also designed to generate increased consumption of those products and services through the creation and reinforcement of brand image and brand loyalty. For these purposes advertisements often contain both factual information and persuasive messages. Every major medium is used to deliver these messages, including television, radio, movies, magazines, newspapers, video games, the Internet, and billboards. Advertising is often placed by an advertising agency on behalf of a company. Definition of Advertisement Description or presentation of a product, idea, or organization, in order to induce individuals to buy, support, or approve of it. Sponsored informational public notice appearing in any of the print communications media that is designed to appeal to a mass audience in order to persuade, inform, promote, motivate, or otherwise modify behavior toward a favorable pattern of purchasing, supporting, or approving a particular product, service, idea, or organization. When the advertisers message appears in the broadcast media , it is called a commercial . The first advertisement on record in an American newspaper appeared in the Boston News Letter on May 8, 1704. It described an estate for sale in Oyster Bay, Long Island. HISTORY A print advertisement from a 1913 issue of National Geographic However, commercial In ancient times the most common form of advertising was word of mouth. messages and election campaign displays were found in the ruins of Pompeii. Egyptians used papyrus to create sales messages and wall posters. Lost-and-found advertising on papyrus was common in Greece and Rome. As printing developed in the 15th and 16th century, advertising expanded to include handbills. In the 17th century advertisements started to appear in weekly newspapers in England. These early print ads were used mainly to promote books (which were increasingly affordable) and medicines (which were increasingly sought after as disease ravaged Europe). Quack ads became a problem, which ushered in regulation of advertising content. As the economy was expanding during the 19th century,  the need for advertising grew at the same pace. In America, the classified ads became popular, filling pages of newspapers with small print m essages promoting all kinds of goods. The success of this advertising format led to the growth of mail-order advertising. In 1843 the first advertising agency was established by Volney Palmer in Philadelphia. At first the agencies were just brokers for ad space in newspapers, but the 20th century, advertising agencies started to take over responsibility for the content as well. The 1960s saw advertising transform into a modern, more scientific approach in which creativity was allowed to shine, producing unexpected messages that made advertisements interesting to read. The Volkswagen ad campaign featuring such headlines as Think Small and Lemon ushered in the era of modern advertising by promoting a position or unique selling proposition designed to associate each brand with a specific idea in the reader or viewers mind. Today, advertising is evolving even further, with ,Guerrilla promotions that involve unusual approaches such as staged encounters in public places, giveaways of products such as cars that are covered with brand messages, and interactive advertising where the viewer can respond to become part of the advertising message. MEDIA One effective advertising method is to pay people to hold signs in public places. Transit advertising is combined with experiential marketing using pedapods in Australia. Commercial advertising media can include billboards (outdoor advertising), street furniture components, printed flyers, radio, cinema and television ads, web banners, web popups, skywriting, bus stop benches, magazines, newspapers, town criers, sides of buses, taxicab doors and roof mounts, musical stage shows, subway platforms and trains, elastic bands on disposable diapers, stickers on apples in supermarkets, the opening section of streaming audio and video, and the backs of event tickets and supermarket receipts. Any place an identified sponsor pays to deliver their message through a medium is advertising. Covert advertising embedded in other entertainment media is known as product placement. A more recent version of this is advertising in film, by having a main character, use an item or other of a definite brand an example is in the movie minority Report, where Tom Cruises character Tom Anderton owns a computer with the Nokia logo clearly written in the top comer, or his watch engraved with the Bulgari logo. The TV commercial is generally considered the most effective  mass-market advertising format and this is reflected by the high prices TV networks charge for commercial airtime during popular TV events. The annual Super Bowl football game in the United States is known as much for its commercial advertisements as for the game itself, and the average cost of a single thirty-second TV spot during this game has reached 2.5 million Increasingly, other mediums such as those discussed below are overtaking television due to a shift towards consumers usage of the Internet as well as devices such as TiVo. Advertising on the World Wide Web is a recent phenomenon. Prices of Web based advertising space are dependent on the relevance of the surrounding web content and the traffic that the website receives. E-mail advertising is another recent phenomenon. Unsolicited bulk E-mail advertising is known as spam. Some companies have proposed to place messages or corporate logos on the side of booster rockets and the International Space Station. Controversy exists on the effectiveness of Subliminal advertising (see mind control), and the pervasiveness of mass messages (see propaganda). Unpaid advertising (also called word of mouth advertising), can provide good exposure at minimal cost. Personal recommendations (bring a friend, sell it by zealot), spreading buzz, or achieving the feat of equating a brand with a common noun (Xerox photocopier, Kleenex tissue, Vaseline petroleum jelly, Kotex tampons, Maxi pads sanitary napkins, Scotch Tape Clear Tape, Band-aid bandage, Visine eye drops, Q-tips cot ton swabs, Rollerblades inline skates) -.- these must provide the stuff of fantasy to the holder of an advertising budget. The most common method for measuring the impact of mass media advertising is the use of the rating point (rp) or the more accurate target rating point (trp). These measures refer to the percentage of the Universe of the existing base of audience members that can be reached by the use of each media outlet in a particular moment in time. The difference between the two is that the rating point refers to the percentage to the entire universe while the target rating point refers to percentage to a particular segment or target. This becomes very useful when focusing advertising efforts on a particular group of people. For example, think of an advertising campaign targeting a female audience aged 25 to 45. While the overall rating of a TV show might be well over 10 rating points it might very well happens that the same show in the same moment of time is  generating only 2.5 trps ( being the target women 25-45). This would mean that while the show has a large universe of viewers it is not necessarily reaching a large universe of women in the ages of 25 to 45 making it a less desirable location to place an ad for an advertiser looking for this p articular demographic. IMPACT Billboard, New York City The impact of advertising has been a matter of considerable debate and many different claims have been made in different contexts. During debates about the banning of cigarette advertising, a common claim from cigarette manufacturers 3.5 that cigarette advertising does not encourage people to smoke who would not otherwise. The (eventually successful) opponents of advertising, on the other hand, claim that advertising does in fact increase consumption. According to many media sources, the past experience and state of mind of the person subjected to advertising may determine the impact that advertising has. Children under the age of four may be unable to distinguish advertising from other television programs, whilst the ability to determine the truthfulness of the message may not be developed until the age of eight . PUBLIC SERVICE ADVERTISING The same advertising techniques used to promote commercial goods and services can be used to inform, educate and motivate the public about non-commercial issues, such as AIDS, political ideology, energy conservation, religious recruitment, and deforestation. Advertising, in its non-commercial guise, is a powerful educational tool capable of reaching and motivating large audiences. Advertising justifies its existence when used in the public interest , it is much too powerful a tool to use solely for commercial purposes. Attributed to Howard Gossage By David Ogilvy Public service advertising, non-commercial advertising, public interest advertising, Cause marketing, and social marketing are different terms for (or aspects of) the use of sophisticated advertising and marketing communications techniques ( generally associated with commercial enterprise) on behalf of non-commercial, public interest issues and initiatives. In the United States, the granting of television and radio licenses by the FCC is contingent upon the station broadcasting a certain amount of public service advertising. Public service advertising reached its height during World Wars I and II under the direction of several U.S. government agencies. SOCIAL IMPACT There have been increasing efforts to  protect the public interest by regulating the content and the reach of advertising. Some examples are the ban on television tobacco advertising imposed in many countries, and the total ban on advertising to children under twelve imposed by the Swedish government in 1991. Though that regulation continues in effect for broadcasts originating within the country, it has been weakened by the European Court of Justice, which has found that Sweden was obliged to accept whatever programming was targeted at it from neighboring countries or via satellite. In Europe and elsewhere there is a vigorous debate on whether and how much advertising to children should be regulated. This debate was exacerbated by a report released by the Henry J. Kaiser Family Foundation in February 2004 which suggested that food advertising targeting children was an important factor in the epidemic of childhood obesity raging across the United States. In many countries namely N ew Zealand, South Africa, Canada, and many European countries the advertising industry operates a system of self-regulation. Advertisers, advertising agencies and the media agree on a code of advertising standards that they attempt to uphold. The general aim of such codes is to ensure that any advertising is legal, decent, honest and truthful. Some self-regulatory organizations are funded by the industry, but remain independent, with the intent of upholding the standards or codes (like the ASA in the UK). Critiques of the medium Advertising wrapped around a train. Minnesota, US As advertising and marketing efforts become increasingly ubiquitous in modern Western societies, the industry has come under criticism of groups such as Ad Busters via culture jamming which criticizes the media and consumerism using advertisings own techniques. The industry is accused of being one of the engines powering a convoluted economic mass production system which promotes consumption. Some advertising campaigns have also been criticized as inadvertently or even intentionally promoting sexism, racism, and ageism. Such criticisms have raised questions about whether this medium is creating or reflecting cultural trends. At very least, advertising often reinforces stereotypes by drawing on recognizable types in order to tell stories in a single image or 30 second time frame. Recognizing the social impact of advertising, Media Watch, a non-profit womens organization, works to educate consumers about how they can register their concerns with advertisers and regulators. It has developed educational  materials for use in schools. The award-winning book, Made You Look How Advertising Works and Why You Should Know , by former Media Watch president Shari Graydon, provides context far these issues for young readers. Public interest groups and free thinkers are increasingly suggesting that access to the mental space targeted by advertisers should be taxed, in that at the present moment that space is being freely taken advantage of by advertisers with no compensation paid to the members of the public who are thus being intruded upon. This kind of tax would be a Pigovian tax in that it would act to reduce what is now increasingly seen as a public nuisance. Efforts to that end are gathering momentum, with Arkansas and Maine considering bills to implement such taxation. Florida enacted such a tax in 1987 but was forced to repeal it after six months, as a result of a concerted effort by national commercial interests, which withdrew planned conventions, causing major losses to the tourism industry, and cancelled advert ising, causing a loss of 12 million dollars to the broadcast industry alone. PUBLIC PERCEPTION OF THE MEDIUM Billboard in Lund, Sweden, saying One Night Stand Over the years, the public perception of advertising has become very negative. It is seen as a medium that inherently promotes a lie, based on the purpose of the advertisement to encourage the target audience to submit to a cause or a belief, and act on it to the advertising partys benefit and consequently the targets disadvantage. They are either perceived as directly lying (stating opinions or untruths directly as facts), lying by omission (usually of terms unfavorable to the customer), portraying a product or service in a light that does not reflect reality or even making up realities where their product has a new role. EFFECTS ON COMMUNICATION MEDIA Another effect of advertising is to modify the nature of the communication media where it is shown. The clearest example is television. Channels that get most of their revenues from publicity try to make their medium a good place for communicating ads. That means trying to make the public stay for long times and in mental state that will make spectators not to switch the channel through the ads. Programs that are low in mental stimulus and require light concentration and are varied are best for long sitting times and make for much easier emotional jumps to ads, that can become more entertaining than regular shows. A simple way to understand the objectives in television programming is to compare contents from channels  paid and chosen by the viewer with channels that get their income mainly from advertisements. FUTURE With the dawn of the Internet have come many new advertising opportunities. Popup, Flash, banner, and email advertisements (the last often being a form of spam) abound. Recently, the advertising community has attempted to make the adverts themselves desirable to the public. In one example, Cadillac chose to advertise in the movie The Matrix Reloaded, which as a result contained many scenes in which Cadillac cars were used. Similarly, product placement for Rolex watches and BMW cars featured in recent James Bond films. Each year, greater sums are paid to obtain a commercial spot during the Super Bowl. Companies attempt to make these commercials sufficiently entertaining that members of the public will actually want to watch them. Particularly since the rise of entertaining advertising, some people may like an advert enough that they wish to watch it later or show a friend. In general, the advertising community has not yet made this easy, although some have used the Internet to widely distribute their adverts to anyone wishing to see or hear them.

September 11, 2001 Essay Example for Free

September 11, 2001 Essay On September 11, 2001 before 9:58am Eastern Central Time, the world changed forever. It is not overly dramatic to state this. America and the West is now faced with a new and highly dangerous enemy who hijacked planes and a religion in order to spread their blurred message of a new Islam in which all who do not believe as they do, are meant to meet a cruel death. It does not matter to these hijackers that 99% of Muslims do not adhere to these principles and who have openly condemned the actions of the violent minority. What only matters is the idea that America supports Israel and therefore is evil. America yields too much freedom to their people and as a result, is seen as a threat to Muslim countries. On September 11, 2001 in New York City, The Pentagon in Washington and in a field in Pennsylvania, the terrorists added to their long list of attacks on the West. There have been multiple attacks by Islamic terrorists before 9/11 and many more in the years since. Many of these attacks have been attributed to, either by various factions of the American government, or by the terrorists themselves who call themselves Al-Qaeda. The history of this terrorist group is relatively new in the history of Islamic terrorists but which have contributed a great deal to the West’s perception that Muslims sponsor terrorists in its many forms and that the Qu’ran supports it. What also is not in doubt is the way in which life in America has been changed while this society is at war. In every war, America has tightened its civil liberties in one form or another in order to put the successful completion of the war at the top of its list of proprieties. There has been a segment of the population that has decried these actions of the government. This is not a debate as to which sides are right and what, if any measures need to be taken in order that the war meets its swift and successful completion. This report is to analysis the ways in which the attacks on 9/11 have affected America, the justification that Al-Qaeda gave for their attacks and the response that America has given, both in the Middle East and here in America. The war continues and as long as it continues and American seeks to end Islamic extremists from their quest to entice a holy war through their murder of innocent people in Madrid, London, New York, Yemen, various parts of Africa and Bali as well as failed attempts recently at JFK airport where five African nationalists sought to blow up the airport but which was fortunately stopped. (Pearson, 2007 pg. A4) It seems like a necessary aspect of future life in America as the dangers of terrorists, both home grown and abroad who seek to disrupt and kill Americans which has prompted a tightening of the civil liberties in this country. As a result, in a time of war, certain changes to the way in which we live, are imposed on the general public by the government. After the terrorist attacks on September 11, 2001, the country wanted to know the: who, what, where and why of this most tragic event. Not since the bombing of Pearl Harbor had America been hit with such a blow from an overseas source. In the coming days, it was presumed by the government that Osama Bin Laden and the terrorist group Al Qaeda was responsible for the attacks. Despite the initial refusal to take credit or blame for the attacks by Bin Laden who stated in the immediate days following the attacks: â€Å"I stress that I have not carried out this act, which appears to have been carried out by individuals with their own motivation,† soon changed into a proud proclamation of the responsibility which the government had known all along, belonged to Osama Bin Laden and the terrorist group Al Qaeda. Michaels, 2002 pg 108) It them fell upon the CIA and other various governmental groups who were part of the 7,000 member terrorist reaction force of the government to gather as much information about the above mentioned in order to help orchestrate a response, as well as being able to tell the public some important background information about a group, which before 9/11, few people had really known much about. (Page 2005 pg. A16) The origins of Al Qaeda date back to 1979 when the Soviet Union invaded Afghanistan. (Michaels, 2002 pg. 339) This was a highly controversial action on the part of the Soviet Union which eventually prompted President Carter to boycott the 1980 Olympics which were to be taking place in Moscow that summer. After the invasion, a young Osama Bin Laden traveled to Afghanistan in order to join forces with the Afghan troops in dispelling the Soviets from their lands. After a very expensive war which took more than nine years, the Soviet Union withdrew from Afghanistan and the force which was credited with this surprise victory, was soon labeled Al Qaeda. The mission statement of Al Qaeda consisted of three main points. They were their disapproval of what they considered to be US aggression towards the Iraqi people during the Persian Gulf War of 1991, the US military occupation of the Arabian Peninsula and most of all, America’s support for Israel. Due to the fact that at that time, America regarded the Soviet Union as being by far, the worse and more powerful of possible aggressors to the United States that Afghanistan or Al Qaeda could ever be, it is believed that support was given to Bin Laden in the form of guns and other supplies. Peter Bergan, the celebrated CNN journalist and one of the first in the West to interview Osama Bin Laden, commented on the idea that America was somehow to blame for the aggression which Bin Laden showed to America on September 11 and other terrorist attacks on America during the 1990’s. â€Å"The story about bin Laden and the CIA- that the CIA funded bin Laden or trained bin Laden- is simply a folk myth Bin Laden has his own money, he was anti-American and he was operating secretly and independently. The real story here is the CIA did not understand who Osama bin Laden was until 1996, when they set up a unit to really start tracking him. † (CNN, 2003) The latter part of this statement is definitely true. One of the fundamental flaws of both the Clinton and now Bush administrations was the inability of the government to understand that region of the world: the Middle East and how it operates, thinks and functions. In failing to do so, the war in Iraq as well as other factions of the war on terror, are at a severe disadvantage. The real hatred that bin Laden had for America came during the Gulf War of 1991. â€Å"When Saudi Arabia allowed the American military to work from their air and land space against Iraq, despite the fact that bin Laden was no friend of Iraq at that time and even offered his services to Saudi Arabia in the event of an attack by Iraq, bin Laden vowed to carry out strikes towards the United States and relations both the Saudi Arabia government, its royal family, as well as his own family who would soon come to disowned him. (CNN, 2003) What was clear and unmistakable was the fact that in the years leading up to 9/11, Al Qaeda would make itself known to the United States to such a degree that in the immediate days after 9/11 there was little doubt as to who was responsible for the attacks. The government and others around the world was able to support their first impressions only days after the attack with a plethora of proof of past attacks and harmful and hateful rhetoric towards the United States of America. One of the earliest attacks after the Gulf War was the bombing of the World Trade Centers in January of 1993. Ramzi Yousef used a truck bomb housed in the basement of the World Trade Center in an attempt to bring the massive structure down. Six people were killed and another 1,042 were injured. $300 million in damage had occurred but luckily, the structure was not destroyed. (Michaels, 2002 pg. 145) Yousef was eventually captured in Pakistan. In 1996, bin Laden, despite the lack of credentials within Islam to give such an edict, gave a fatwa or a religious edict which amounted to a declaration of war against the United States and all of its allies. Another fatwa was given on February 23, 1998 which stated: â€Å"The ruling to kill Americans and their allies-civilians and military- is an individual duty for every Muslim who can do it in any country in which it is possible to do it, in order to liberate al-Aqsa mosque in Jerusalem and the holy mosque in Makka from their grip, and in order for their armies to move out of all of the lands of Islam, defeated and unable to threaten any Muslim†(CNN 2003) This was not the official stance of Islam because bin Laden did not possess the necessary credentials within Islam to give such an edict. In October 2000, Al Qaeda militants in Yemen bombed the missile destroyer the USS Cole in a suicide attack in which 17 servicemen and women were killed. The ship was damaged a great deal and the success of the attacks helped to embolden Al Qaeda for an attack on an even larger scale in the following year to occur. 9/11 was now being planned for a specific date to be fulfilled as soon as possible. After the attack on September 11, 2001, on September 27, 2001, the names and faces of the 19 hijackers were sent to the press, released by the FBI as part of their massive 7000 member force. The United States and soon to follow the United Kingdom placed their blame squarely upon the hands of bin Laden and Al Qaeda. This quick assertion as to who was to blame for the attacks stemmed in part to the various fatwas that bin Laden had sent to the United States as well, specifically the 1998 fatwa which called for the killing of American civilians on a large scale. Also, despite the fact that bin Laden originally rejected the idea that he was behind the attacks, in November 201, the US forces recovered a videotape which was retrieved from a destroyed house in Jalalabad, Afghanistan in which it records bin Laden admits foreknowledge of the attacks. On December 27, 2001, a second bin Laden tape was released to the press in which he stated: â€Å"Terrorism against America deserved to be praised because it was a response to injustice aimed at forcing America to stop its support for Israel which kills our people. (Dobbs 2005) In other video tapes messages, some dated as recently as 2005, bin Laden confessed that he had personally directed the 19 hijackers and encouraged similar and future attacks to take place on not only America but in the West. This would soon come to fruition when a train bomb in Madrid killed 200 innocent commuters and over 190 were killed in Bali, an island off the coast of Indonesia in 2002. Other attacks in London and further attempts to attack America in multiple plans which have since been stopped has convinced many in America, as well as the American government, that new and strong measures must be taken in order to ensure the future safety of all American citizens. This increased protection has come in the form of the Department of Homeland Security and the Patriot Act as being the most famous and self encompassing laws which the government has passed since the attacks on September 11th. One of the direct results of September 11 came in the form of governmental reaction and a desire to tighten the laws which had not functioned properly in the pursuit of keeping Americans safe which it states in the Constitution, is one of the most important functions of the government. The Patriot Act was passed only forty five days after the attacks on 9/11 which in comparison to the length of time it takes to pass any type of bill in Congress, this was done at lightening speed. The Patriot Act increases the ability of the federal government to enforce laws and to search telephone and email conservations and to spy on any that are deemed to be of a suspicious nature which may be harmful to the security of the United States and its allies. As a result, communication, financial, medical and other records; any records which are of a private nature are at the disposal of the American government when it is believed that its owner is either directly involved in or which contributes to any terrorist activity which puts the safety of America in jeopardy. Despite the controversial aspects of the bill, it was renewed on December 31, 2005. The Patriot Act is divided up into ten different titles or areas of interest which the newly formed Department of Homeland Security now has jurisdiction over these additions. They include terrorism, strengthening the borders, to crack down on international money laundering, strengthen the laws against terrorism, and enhance surveillance procedures and to improve intelligence and to provide for victims of terrorism and to promote the public safety of officers and their families. The last title, Title X states only: Miscellaneous. It is the vagueness of this and other aspects of the Patriot Act which has many at the ACLU (American Civil Liberties Union) and others who are weary of government’s role in the lives of average Americans, which prompts outrage towards such expansions of the government’s power and control. The sheer majority of those who would criticize the government is no friends of terrorism and wants terrorism to be kept away from America’s shores. However, they are highly critical of the Patriot Act as they believe that when given additional power, more power from the government at the expense of the freedoms of the people, will be compromised. One example of this was the highly controversial surveillance program which President Bush used to spy on the email and phone conversations of hundreds of suspected terrorists or advocates of terrorism who were either making calls from or to America. Before the Patriot Act, any such surveillance programs would first require a court order. â€Å"During the Clinton Administration, more than a thousand such court orders were given to legally spy on the conversations of suspicious people. † (Michaels, 2002 pg. 87) President Bush felt that, and there were many to disagree, that under the increased powers which the Patriot Act gives the President, such court orders are unnecessary and only hamper the business of the government’s desire to keep America safe. Upon hearing this, many in Congress as well as their constitutions called for formal charges to be presented against the President. To date, no such charges which has been forthcoming? The Patriot Act falls under the large r government post called the Department of Homeland Security. Under this newly formed governmental organization, additional organizations were added to the government. The criticisms which are levied towards the Department of Homeland Security are two fold: One, it is seen by many as an intrusion on the average American’s civil liberties. Second, it is seen as simply an extension of ineffective governmental autocracy with their dealing of Hurricane Katrina being one of the worst examples. Since its formation only three short years ago, the Department of Homeland Security has been blamed for putting into practice, the surveillance of hundreds, if not thousands of individuals who 99% of the time, end up having no possible connection to terrorism of any kind. These operations cost the government billions of dollars and serves as a further fleecing of America as viewed by many. Also, despite its ability to foil plans of numerous plots to bring damage to the United States through the form of another terrorist attacks, new reports often emerge about the incompetence of the Department of Homeland Security. In August 2006, a bipartisan group of senators on the Appropriations Committee described the Sciences and Technology Directorate, the department which is in charge of the research for the Department of Homeland Security, as â€Å"a rudderless ship without a clear way to get back on course†. Michaels, 2002 pg. 199) However, this has not stopped the Department of Homeland Security from making public, the successes of the government who, by the end of 2004, had captured 368 individuals who were formally charged in criminal terrorist activities. The chief critics of Homeland Security, the ACLU, has stated that in these arrests, the gover nment has overstepped its boundaries and that such search and seizures tactics are unconstitutional as well as not being in the best interest of the American people. Since the war in Iraq not going as swiftly as promised, public support for the Patriot Act has faltered. In January of 2002, 47% of Americans were in favor of added measures by the government to stop terrorism, even if it meant the suspension of civil liberties. Two years later, in February of 2004, that number has dropped to 31% and is expected to further decrease. ( Page 2005 pg. A16) On September 11, 2001, the world as we know it changed forever. All those who were alive on that day will forever be able to tell their children and grandchildren where they were when they heard the news that America has come under attack by extremists as an attempt to bring America into subjugation towards their ideologies about the world. In the immediate months after the 9/11 the country was united against those who would seek to impose their ideology upon a democratic nation by way of terrorist attacks. In that surge of patriotism, the Patriot Act was passed which gave far reaching powers to the federal government in the form of increased power to regulate phone and email conversations as well as impose their will upon whomever the federal government felt was in league with terrorists in any way. These increased measures by the government has brought a lot of criticism from average Americans who are weary about this sudden and dramatic increase in the power of the federal government and see a furthering of the fleecing and ineffective use of the taxpayers’ money in the pursuit of these terrorists. Some derive this feeling from a disbelief in the severe motivations of the terrorists who have struck all around the world. Others derive these feelings because they so intensely hate the current administration and feel that nothing that they do is ever right or good enough. However, the majority who criticize the rapid increase in the government in this way, know all too well that the government runs like a highly ineffective and inefficient machine and that any efforts to stop the spread of terrorism to America, will come at a price of billions of wasted dollars, millions of hours of wasted time and to date, hundreds of people who have been sent to prison without the benefit of being formally charged, come to this new war on terror in the form of collateral damage. Some say that this is to be expected in a time of war. Others say that the federal government has gone too far in the expansion of their power in order to combat terrorism which it is felt, is not entirely true but that the spying of average Americans is the government’s true aim. Whatever the truth, all agree that another terrorist attack, similar to 9/11 must be avoided and that what happened on that day, which is still fresh in the minds of those who refuse to forget those who perished on that Tuesday morning; some jumping 1000 feet to their death, that those people should not have died in vain. To do nothing and hope that another attack will not come to American soil, does do a disservice to those who died and the pain that comes from the loss of a loved one. Al Qaeda is still alive and despite taking a major hit in Afghanistan, have since regrouped and have come back with a redoubled vigor as the troubles that America is having in Iraq seems to only embolden their cause. Whatever one believes about America’s roll in inviting these attacks or if such brutal hatred towards 3200 innocent men, women and children can have no justification as well as the more than 20 bombings accredited to Al Qaeda around the world or if the Patriot Act is seen as necessary or an intrusion of an ineffective and dishonest government, one must recognize that after the attacks of September 11, 2001, the world is a different and scarier place than it once was and it seems that in this new war on global Islamic terror, nobody is safe.