Saturday, January 25, 2020

Apparel Brand Research Project Prada

Apparel Brand Research Project Prada BRAND OVERVIEW Prada was founded in 1913 by Mario Prada, Miuccia Pradas grandfather, in Milan.   Ã‚   Located in the prestigious Galleria Vittorio Emanuele II, Prada was an exclusive, stylish store selling luggage, accessories and luxury goods, in fine materials and of sophisticated workmanship. The Milan store quickly became a firm favourite with the Italian aristocracy and the most sophisticated members of the European elite. In 1919 Prada received the warrant of Official Supplier of the Italian Royal Household, and since then has been able to display the royal Savoy coat of arms and figure-of-eight knots alongside the company logo. Miuccia Prada and Patrizio Bertelli started working together in the late 70s, laying the foundations of the international expansion that was to come. Patrizio Bertelli broke new ground in the luxury goods sector, introducing a new business model in which he kept direct, internal control over all processes, applying uncompromised quality criteria across the entire production cycle. Miuccia Pradas creative talent and avant-garde approach attracted the attention of the global fashion industry, while her ability to look at the world from an unconventional vantage point allowed her not only to anticipate, but quite often, to set new trends. The classic Prada suitcase was made of heavy walrus skin but as plane travel made heavy suitcases impractical, the company started to make lighter bags and high quality items made of crystals, tortoise shell and wood. They also sold garments of waterproof fabrics to the U.S. However the company had gone into decline in the 1970s. 1950 Miuccia Prada was born. By her mid-20s she had a doctorate in political science and in her 30s, she was a communist. In 1970 she started making backpack bags out of waterproof fabric called Pocone. 1979 She took over the Prada family business. Since sales were down, she expanded into luxury tote bags and backpacks in black with flat classic lines, made from nylon. 1985 She launched a line of footwear for women and her first pret-a-porter clothing line, using high quality fabrics. Her clean lines gave her fame, and she came to be known for under-stated elegant garments. 1993 She received an International award from the Council of Fashion Designers of America. 1995 She won Designer of the Year award. 1998 Prada opened their first menswear shop in Los Angeles, USA. They also opened new Prada stores in Manhattan and Las Vegas, as well as Miu Mius first North American boutique, in Los Angeles. Prada is now a worldwide empire, with stores in practically every country in the western world. It is a million-dollar concern, with every celebrity wearing Prada clothes. 2. NATURE OF BRAND AND ITS TARGET MARKET The Prada brand targets an international customer base that is modern, sophisticated, attuned to stylistic innovations, and expects craftsmanship of the highest quality.       The brands iconic trademarks, which are readily recognized around the world, incorporate the Savoy coat of arms and Savoy figure-of-eight knot, reflecting its heritage as an official supplier to the former Royal family of Italy. Introduced in the 1980s, Pradas famous black nylon bag with the signature triangle logo has been an enduring classic, with both the nylon bag and the logo becoming icons in the brands history. The Prada brand represents the best of Italian culture and tradition, sophisticated style and uncompromising quality, and as one of the most innovative fashion brands are capable of re-defining the norm and setting new trends. Prada also captured the attention of literary and cinematic audiences when the novel The Devil Wears Prada was first published in 2003, and then was made into a movie in 2006. The Prada brands distinctive originality is built on its unique approach to style, craftsmanship and constant innovation in materials and designs, as we unceasingly exert creativity in the development of fashionable designs, sophisticated fabrics and innovative production techniques. At the heart of the evolution of fashion, we believe Prada has been a sophisticated interpreter of its times and a forerunner of style and trends. Prada is a premium brand. It is very high quality which unfortunatly comes with a substantially high price tag. 2.1. PRADA GEOGRAPHICAL SEGMENTATION Under geographical segmentation, product or service is divided accordingly to geographic units, such as nations, states, regions, countries, cities or neighbourhoods. Directly operated stores, including the epicentres, are designed, constructed and managed in accordance with precise guidelines: location chosen are among the most prestigious. 2.2. PRADA PSYCHOGRAPHIC SEGMENTATION Psychographic segmentation divides the market into groups based on social class, lifestyle and personality characteristics. The PRADA brand targets an international customer base that is modern, sophisticated, attuned to stylist innovations, and expects craftsmanship of the highest quality. 3. RETAIL DISTRIBITION CHANNELS Prada, Miu Miu, Churchs and Car Shoe products are sold through two distribution channels: The retail channel, represented by the single-brand stores (including the three Epicentres) directly operated by the company, which currently account for approximately 78% of sales; the independent channel of multi-brand stores, department stores and franchises (so called wholesale). This distribution solution enables the Group to have a presence in the most exclusive points-of-sale which are either single-brand or multi-brand worldwide. The Groups commercial strategy is based on a selective analysis of the potential of individual markets, an innovative approach and rigorous control of display and presentation criteria, and a continuous search for original sales concepts. Prada has always pioneered new solutions combining design, architecture, and technology to create environments that not only encourage sales but also communicate its unique strong brand identity and the cultural influences and values of the Prada world in a consistent and homogeneous way. Towards the end of the nineties, Prada decided to redefine the concept of shopping and enlisted the help of pioneering architects of international renown, Rem Koolhaas and Herzog de Meuron, recent winners of the prestigious Pritzker Prize. The result of this partnership was the creation of the Prada Epicenters: areas and buildings which have rapidly acquired landmark status both locally and internationally. Pradas Epicentres have not only transformed the concept of shopping but have also fused it with cutting edge technology and a multitude of cultural stimuli, offering customers a whole range of unique experiences and exclusive services. There are currently three Prada Epicentres: one in SoHo, New York (designed by Rem Koolhaas in 2001); another in Aoyama, Tokyo (Herzog de Meuron, 2003); and the third in Beverly Hills, Los Angeles (also by Rem Koolhaas, 2004). Directly operated stores, including the three Epicentres, are designed, constructed and managed in accordance with precise guidelines: location chosen are among the most prestigious and the personnel is selected and trained to provide customers with an exclusive treatment. This type of store contributes to maintaining a very close relationship with customers, providing immediate information about the market trend. Moreover, direct-sale stores also provide very valuable support for the brand, acting as true ambassadors communicating the Prada image consistently and uniformly all over the world. Prada manages the independent shops and department stores channel based on selective distribution and a well-defined strategy of control aimed at maintaining outstanding quality and high volumes, ensuring consistency in merchandising and monitoring sales performance. Franchise shops are located in specific markets where this form of retail is imposed by local legislation or custom, and entail partnerships with local entrepreneurs with an excellent knowledge of the relevant market. The wholesale channel, besides ensuring the brand benefits by a series of shop windows in particularly significant positions in key markets, enables a direct and immediate comparison to be made with the competitor brands. Therefore, the sales trend through the independent channel represents a very useful indicator of the consumer trends and brand strength. 3.1. PRADAS FALL CAMPAIGN IS ALL ABOUT MODERN FEMININITY AND NEW FACES The way fashion houses describe their collections and ad campaigns can often sound like pure nonsense. But the person responsible for announcing Pradas fall 2015 campaign did a pretty good job of summing it up as an elegant, ironic ode to meta-modern femininity. Like the collection itself, the campaign shot by Steven Meisel is very pretty, but odd. Theres a sense of isolation in the arrangement of the models, who do not look at or touch each other but stare at an unspecified object off-camera. Theres also a feeling of youth and newness provided by a cast of fairly new faces, including Avery Blanchard, Estella Boersma, Inga Dezhina, Lineisy Montero, Ine Neefs, Greta Varlese and Maartje Verhoef, all of whom have walked the runway for Prada and/or Miu Miu this past seasons. Prada has a knack for casting promising models fairly earlier in their careers, so while some of them already have a campaign or two under their belts, expect to see these girls even more in the coming seasons. Montero, whom everyone started talking about when she walked in the brands fall 2015 show, has already landed a Teen Vogue cover. 4. INTELLECTUAL PROPERTY RIGHTS Website as a whole and all material on this Website, as well the Prada trademark, are owned and registered by Prada S.A., a company with registered office at 23 rue Aldigren, L-1118 Luxembourg. Prada website is operated by Prada S.p.A., an Italian corporation having its principal place of business at Via Antonio Fogazzaro 28, 20135 Milan, Italy, operating holding company of the Prada Group. Prada S.A. and Prada S.p.A. are collectively referred to as PRADA; Prada S.p.A. and its subsidiaries will be collectively referred to as Prada Group hereinafter. All trademarks and logos, whether registered or not, displayed on the Website, including but not limited to the Prada trademark, as well as all the other distinctive marks connected with PRADA and reproduced on the Website, are and will remain the exclusive property of Prada S.A.. These trademarks may not be used in connection with any product or service that does not originate with PRADA, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Prada name and trademark and the products bearing the Prada trademark. Prada website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively Content), is owned by or licensed to PRADA and is subject to protection by international int ellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the e-store section, are displayed for informational or promotional purpose only. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein. No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide. People aware that the Prada products are sold exclusively at Prada monobrand stores, at prestigious multi-brand stores and points of sale belonging to Prada S.p.A.s selective retail network, outlets belonging to the Prada Group and in the e-store section of the Website which is only available in certain countries, as better specified on the Website. Any purchase outside of these points of sale is entirely at the purchasers risk, in particular with regard to the authenticity of any such purchased items. http://www.prada.com/content/dam/external/terms-conditions/EU-EN.pdf 5.OWNERSHIP UPON BRAND Miuccia Prada is the co-CEO and lead designer of the handbag and fashion empire Prada, in which she has a 28% stake. In 1977 Miuccia and her siblings Albert and Marina inherited the family fashion business, founded in 1913 by their grandfather. Miuccia met Patrizio Bertelli, who ran a luxury leather company, at a Milan trade show in 1977 and signed him on as a contractor. A year later, they were married and Bertelli joined the company, taking care of the business side of things while pushing Prada into new directions. He serves as co-CEO with Miuccia, and his stake in the company also makes him a billionaire. In 1986 Prada opened its first store in New York and expanded beyond high-end suitcases, handbags, and steamer trunks. A few years later, the company unveiled a ready-to-wear womens collection and a second brand, Miu Miu. Miuccia, who has a Ph.D in political science from the University of Milan, took the company public with Bertelli in Hong Kong in 2011. 5.1. BOARD OF DIRECTORS Our Board consists on nine Directors, of whom four are executive Directors, two are non-executive Directors and three are independent non-executive Directors. The ordinary shareholders meeting of 26 May 2015 resolved to appoint the Board of Directors for a term of three financial years. The boards mandate will therefore expire with the shareholders meeting to be convened for the approval of the financial statements for the year ending 31 January 2018. The below shows the current members of the Boards of Directors: Mazzi, Carlo: -chairperson and executive director Prada Bianchi, Miuccia: -chief executive officer and executive director Bertelli, Patrizio: chief executive officer and executive director Cozzani, Alessandra: -chief financial officer and executive director Cereda, Maurizio: -non-executive director Simontacchi, Stefano: -non-executive director Mattei, Gian Franco Oliviero: -independent non-executive director Forestieri, Giancarlo: independent non-executive director Liu, Sing Cheong: -independent non-executive director 5.2. SHAREHOLDERS STRUCTURE As of 31 January 2015, the shareholder structure of Prada S.p.A. is composed as follows 6. LICENCES AND JOINT VENTURES Eyewear In 2000 the PRADA Group developed its first Prada and Miu Miu branded sunglasses, and in 2003 it signed a licence agreement with Luxottica Group, a world leader in eyewear. Under the creative supervision of Miuccia Prada and Patrizio Bertelli, Prada coordinates the conception, design, styling and communications for all collections, while Luxottica has exclusive worldwide rights to the production and distribution of Prada and Miu Miu sunglasses and eyeglasses. Not only is this an important business agreement, but it is also an excellent example of comprehensive cooperation in creativity, style, production and distribution between two of Italys foremost industrial groups. Fragrances In 2003, an agreement was entered into with Puig Beauty Fashion Group, one of the worlds largest producers of cosmetics and fragrances, creating a joint venture for the production, distribution and development of Prada perfumes. Here, too, Prada is actively involved in the various phases of product, creation and development as well as communications, while responsibility for production and worldwide distribution is in the experienced and highly qualified hands of Puig.In 2004, after lengthy and thorough research by Miuccia Prada in cooperation with some of the most qualified noses in the world, Amber the first Prada perfume for women was created. Greeted with unanimous critical and public acclaim, Prada Amber perfume has enjoyed encouraging commercial success in all markets where it has been presented. In 2006 Prada unveiled its first mens fragrance, Prada Amber Pour Homme, marking the birth of the first Made in Prada perfumes family under the amber scent. A new perfume for women, Infusion dIris, was launched in 2007, which was the key to developing a series of complementary, innovative and personal products for bodycare and for the home. From this new pillar a collection of limited edition fragrances was derived: the Ephemeral Infusion Collection that includes Infusion de Fleur dOranger, Infusion de Tubà ©reuse and Infusion de Và ©tiver. In 2011, Prada Candy, the third pillar of the Prada fragrances, is launched. A new perfume for women that highlights the funny aspect of the brand also in the beauty sector. Mobile telephones In 2006, the PRADA Group entered into an agreement with LG Electronics, one of the world leaders in mobile telecommunications technology, to develop an innovative and iconic mobile telephone. By leveraging their respective skills, Prada and LG explored all of the products aspects together, both in terms of the contents (for example: software, user interface and music), and in terms of the presentation (from the design to the packaging): the partnership created the Prada Phone by LG, a unique, sophisticated and elegant telephone, the first in the world to have an interface that is completely touch screen. The Prada Phone by LG was launched in March 2007 in Italy, Great Britain, France and Germany, and subsequently on the principal Asian markets and in Latin America. The products high qualitative and innovative content enables a significant commercial success to be achieved, with more than 1,000,000 mobile telephones sold. In October 2008 Prada and LG launch the second phone, another quantum leap in mobile phone innovation and design, thanks to ultra-thin keyboard and new enhanced technological features. In December 2011, Prada and LG unveiled the partnerships latest smartphone, the Prada phone by LG 3.0 that combines Pradas distinctive style with LGs innovative technology, including one of the biggest and brightest screens in the world with 4.3inch and 800-nit screen. 7. PRODUCT LOGISTICS Product distribution is handled through five central warehouses, four in Italy and one in UK. It is managed by a group division which coordinates product storage, shipping and distribution, as well as arranging transport and customs procedures. Central to the Prada Groups distribution strategy is the development of its retail channel in all markets, both consolidated and emerging, focusing in particular on nations with high growth potential. The Groups distribution network extends across 70 countries, counting 551 directly-operated stores (at 30 April 2014), which form the backbone of the Groups international expansion strategy, and a selection of department stores and multi-brand retail spaces in the most significant cities and stylish locations. The reasons for this strategy are many: not only the DOS are the supreme showcase for newly-launched collections, but they also offer a direct relationship with customers and provide real-time feedback on how each product category is performing. Over and above their primary role as a sales point, DOS also represent an important communication tool: real embassies of each brand, they portray their image in a clear and consistent manner. Direct sales account for about 83% of consolidated revenues while the remaining 17% is generated by the wholesale channel (multi-brand retail spaces and department stores 16%), from franchising (about 1%). 8. NET SALES OF PRADA 8.1. NET SALES ANALYSIS (amounts in thousands of Canadians) ended January 31, 2016 ended January 31, 2015 % change Net sales of directly operated stores (DOS) 4,344,819 86.30% 4,232,865 83.90% 2.60% Net Sales to independent customers and franchisees 631,349 12.50% 756,214 15.00% -16.50% Royalties 61,666 1.20% 54,329 1.10% 13.50% Net revenues, total 5,037,835 100.00% 5,043,408 100.00% -0.10% 8.2. NET SALES OF DIRECTLY OPERATED STORES (DOS) ended January 31, 2016 ended January 31, 2015 % change Net sales of DOS by geographical area Italy 12.80% 11.90% 10.70% Europe 21.80% 21.60% 3.30% Americas 13.40% 13.10% 5.00% Asia Pacific 35.30% 37.90% -4.40% Japan 13.20% 12.20% 10.70% Middle East 3.40% 3.10% 11.50% Other countries 0.10% 0.10% 41.40% Total 100.00% 100.00% 2.60% 8.3. PRADA GROUP FIGURES www.prada.com/ company profile FEBRUARY 2016 9. CAPITAL OR MARKET VALUE 9.1. INCOME STATEMENT Year on year Prada SpAs net income fell -26.59% from 634.04 million to 465.46 million despite relatively flat revenues. A contributing factor has been an increase in the selling, general and administrative costs as a percentage of sales from 48.33% to 54.41%. Gross margin 72.12% Net profit margin 8.76% Operating margin 12.92% Revenue Net Income Return on assets 6.05% Return on equity 9.71% Return on investment 7.59% 9.2. BALANCE SHEET Year on year, growth in dividends per share remained flat while earnings per share excluding extraordinary items fell by -26.59%. Additionally, five year annualized earnings per share growth is in-line with the industry average relative to its peers. Current ratio2 2.24 Quick ratio 1.48 Total debt/total equity 0.3183 Total debt/total capital 0.2402 9.3. GROWTH RATES Year on year, growth in dividends per share remained flat while earnings per share excluding extraordinary items fell by -26.59%. Additionally, five year annualized earnings per share growth is in-line with the industry average relative to its peers. Dividends Per Share Div yield (5 year avg) 0.24% Div growth rate (5 year) Payout ratio (TTM) 99.03% Earnings Per Share EPS growth (5 years)

Friday, January 17, 2020

Right, Duty and Obligation/Responsibility: a Search for Ethical

1 RIGHT, DUTY AND OBLIGATION/RESPONSIBILITY: A SEARCH FOR ETHICAL FUNDAMENTALS By Dr. Ani Casimir K. C 2 1) Introduction: Immanuel Kant gave philosophy four fundamental questions with which it is to concern itself and they are: (1) What can I know? ; (2) What is man? ; (3) What can I hope for, and, (4) Finally, what ought I to do. The latter—‘what ought I to do? ’ is the central subject of ethics,or what is variously called moral philosophy or philosophy of morality. With the concepts of ? right‘, ? uty‘ and obligation‘ and responsibility, we move into the science of ? oughts‘ that define the moral foundation of human society and the stability of its social fabric. The Kantian challenge here is that before we can build a morally strong and ethically virile social order the citizens should know the fundamentals of ? righteousness‘ or the values that build a right and moral citizenship who knows his rights, carries out his duties and co mpels the state, within the bounds of a good moral-legal order, to fulfil its obligations to the citizens. Before we can delve into the meaning of the terms– right, duty, obligation,and its allied responsibility, let us carry out a brief survey of what is meant by ethics or science of morality. 2) Ethics – A Brief View: A lot of people fail to appreciate the fact that back in antiquity, ethics did not constitute an independent study as such,but was part of a bigger course of study. For it was simply known in classical antiquity as the science of ? worth’ or ‘value’ so that what was popular was the study of ? axios’ and not ? ethos‘. Axios’ translates to a meaningful 3 expression ? to be worthy‘ root word for axiology – a more popular science than ethos – the root word for ethics. Ethics meant ? character or the custom‘ so that one can talk about individual character being good or bad and a society‘s custom could be worthy or not. Axiology as the science that propels society and guides her as to what is v aluable, worthy or honourable came from the Greek; it determines and properly classifies the subjects and disciplines which are worthy of being pursued, engaged in or discussed by citizens. From such discussions emerge values which are worthy of emulation by citizens and the state and are classified and codified accordingly. Over time such classifications and codifications became a study and was called ? ethics‘ – or ? worthy of character or valued behaviour. ‘ Professor Egbeka Aja also threw light upon the origins of the ethical science when he did a supportive expose in his book ? philosophy: An Introduction’: ‘Axiology is from the Greek: Axios meaning worthy, of philosophy and logos,meaning discourse. This is the branch that deals with values – both intrinsic and extrinsic values. Values are described as intrinsic when they are pursued for their own sake; while extrinsic values are pursued as a means to other ends. For instance, education can be said have intrinsic value when it is aimed at the improvement of man. It can be said to have extrinsic value when it seen as a means to attaining political power or to acquire material wealth. Axiology can be conveniently divided into the following sub-branches– ethics, aesthetics, social and political philosophy, philosophy of law and education†¦(1) 4 One seminal distinction that has emerged from this classical history is that ethics was only part of a bigger discipline that included law, politics, education and aesthetics. Except in Indian universities, Britain and some Middle Eastern schools, the study of axiology as the science of values (i. e. human values) have almost disappeared. In its place, ethics – its sub-branch– is taking the centre stage as the ? worthy‘ discipline of value for the society. The word ethics comes from the Greek root word – ethos- ? eaning custom or characte’r, defined by professor Aja as: ‘that branch of axiology which is sometimes called moral philosophy. It deals with the values concomitant with human conduct and human character. Ethics should be distinguished from morals or morality. The morals or morality of a person or society are the sum total of all the moral judgements (or moral beliefs or moral beliefs implicit in certain acts or behaviour) of that perso n or society2 3 Right In an ethical sense, a right is any action by man in society seen and interpreted to be into tune with the moral law of a people in such a society. At this juncture, we readily see that right makes us to remember the idea of duty. The concepts of justice, right and fairness, stand to each other as correlatives. But in a legal sense, a right translates into ? a claim which a person can make against others with the backing of the law. The person pressing for a claim to secure his right does so with explicit or implicit knowledge that the law recognizes that right and will justly rationalize his claim to award a compensation where necessary‘. An ethical right must conform to not only the moral law but also to the principles of natural rights embedded in natural law. On the other hand, legal rights must conform to the principles of positive rights whose validity derive from the positive law or the man-made law of the state. Currently there is an increasing movement for the establishment 5 of an African legal system or jurisprudence which will be based upon not only what the law is (positive law) but also what the law ought to be (African public moral values). A June 2008 international conference with the theme ? the law and Africa‘ organised by the Department of Philosophy University of Nigeria, centred upon exploring such possibility of harmonizing state law and African public morality in a new African jurisprudence. Conceptually considered, a right is a moral power that a person possesses to do something, to keep something and to exact something from another so long as the action is not in violation of the law or any attendant obligation. 4 My right, as Dr. Ani Casimir, as a citizen of the Universe and Nigeria in particular could be used to illustrate the morphology of somerville‘s conception of what is a right: Dr. Ani has a right to do something, to keep something, and exact something provided in so doing Dr. Ani does not disregard the rights of others or their interests. So in essence, Dr. Ani‘s right and his enjoyment of them must end where the rights of other members of the society starts. 5 A right is judged by its impact upon the interests of mankind. When a right has a good effect upon others‘ interests it is alled just rights. Otherwise, it is called an unjust right, when it does not promote the well-being of man in the direction of life, liberty, health and reputation. Just rights are interests recognized and protected in law for which people are accordingly punished when they are violated. Violating any of them both in ethics and the law constitutes what is defined as ? wrong’. In other words, when we violate a right we are ? wrong‘ and the law states the punishment for those who have become wrong doers, that threaten the stability of the social order. It becomes immediately clear from the discussion above that we can categorize a right into that of 6 the moral and the legal order. What determines whether a right is classified as moral or legal depends a lot upon its nature, the nature of its source and the importance with which the society within which it operates attaches to it. A moral right invokes a correspondent duty whose violation by the moral agent is against the principles of natural justice. But a legal right is prescribed, recognised, known and protected by the law (positive law). Moral and legal rights are performable and enforceable only within human society and between persons since human beings are rational beings with intelligence to know them and guide their actions accordingly. In what I have insistently decided to call ‘moral sphere’—the stability of subsisting atmosphere of moral values in every society—every right has a corresponding object to which it must perforce relate to. This object makes it possible for the owner of the right to identify and claim his interest, protected and given recognition by the law of the state and the social conscience of the public. The object could either be material, immaterial or even services. In the context of human rights, this is what I define as a social, economic, political or an even environmental benefit, advantage or a constitutional entitlement. Rights can also be classified as either perfect or imperfect. A right is perfect if it corresponds to a duty that is in turn recognized and enforced by the law. A perfect right has both moral and legal correlatives in its source, recognition and execution. In otherwords, we are talking about a moral power that makes a law of society to b enforceable. For according to Nyasani: The enforceability here means that an action, and or criminal, will be taken against a person in breach of it, and if need be, judgement will be executed against him using physical force of the state. where a right is recognizable by the law, the state using its machinery, will have an interest in making sure that the 7 duty of respecting that right is enforced resorting to physical compulsion if necessary. 6 A right can also be classified as either positive or negative. According to the positive right perspective, it enables an individual to receive something more than he already has, whereas under the negative right perspective, the individual goes on to retain what one already has, such as the right to money in his pockets. 7 Another classification of rights is real rights as against personal rights. Real rights (jus in rem) entitles one ? to require that a duty is imposed upon all other persons to respect that person‘s interest? 8 On the other hand, personal rights(rights in personam) ? imposes a duty on a particular or determinate person or persons to respect the other‘s legally protected interested? Professor Nyasani illustrates this new classification with a telling example: My right to the occupation of my house or vehicle is in rem in the sense that all other people†¦ have to respect that right and the interest I have in the house or vehicle if on the other hand, I have my house to a tenant for occupation, the arrangement of its lease and use in between me and him exclusively and that arrangement does not directly enteret other people†¦ this kind of jus in personam which exclusively avails against no other persons but the tenant alone imposes a duty on the tenant to comply with the interert in the property ;eased to him. It is a person to person arrangement which creates an obligation on the party accepting the offer of lease hence personal and not real right with its attendant obligation; on the world at large†¦108 Rights can also be referred to as proprietary and personal if they relate to the person‘s estate, assets and property or to his status or personal condition. 11 Property rights are convertible to monetary values while personal rights relate to status and cannot be converted into money or made an object of commercial exchange. The latter cannot be taken away by any body. This is why such personal rights relating to 8 reputation and the integrity of the human person are described as inalienable and not transferable. On the other hand, proprietary rights are transferable 3 What is a Wrong? As we can see from the foregoing discussion, a right– moral or legal- has several classifications and it is the heart and soul of justice as a virtue. At the opposite end of that pendulum where the first position is occupied by right is what is known as wrong or injury. Just as we did with right, a wrong could be moral or legal in its texture. A moral wrong is an act that is repugnant and contrary to the accepted morals of a community; it is a natural wrong which need not always be a legal wrong10 On the other hand a legal wrong is any act forbidden by law and therefore not contrary to rules governing the proper administration of justice by the state. 11 A legal wrong may not necessarily be a moral wrong. In Britain, for example, the law prohibits the killing of wild games as meat by citizens. But naturalized Nigerians who are living there in Britain are home to a common African delicacy we call ? bush meat‘ as a delicacy. By consuming bush meat Nigerian – Britons who live have committed no moral wrong but they have violated a law prohibiting its consumption in Britain. A legal wrong: don’t kill nor eat wild games; if you do so, it is legally wrong and punishable. 4 Duty/obligation The complexity found in ethical discourses and subjects is fully consummated in the twin concepts of duty and obligation. But we shall attempt to dissemble the complexity through the simple process of marrying the concepts of duty with obligation and drawing out its meaning in bits followed with illustrations. 9 The word duty also comes variously as devoir, il dovere, pflicht or obligation. Duty has to do with the rightness of human actions regardless of whether it has happiness as its goal. Man is seen as having a duty, to live a life of virtue whether it conduces to his happiness or not. In other words, happiness is not that goal of duty but it is what we must do because we have to do it – either in accordance with personal conscience, public morality or the demands of the law. Duty is seen by many ethical scientists as a necessity in human moral conduct that helps to establish a moral society. For Immanuel Kant, duty is relegated to the higher order of the categorical‘ as against conditional or hypothetical imperative – that which we must do when and whenever we are called upon to do it: The categorical imperative makes it the supreme, absolute moral law of all rational, self-determining beings and in such a way that we (as human beginsare able to act on maxims which can at the same time have for their object themselves as universal laws of nature†¦ it posits the necessity of action at an end in itself and not as a possible action posing as a means to something alse that is alled or might be willed†¦12 Kant insists that if there is something whose existence has in itself an absolute worth, that is, something which is an end in itself, that same thing, pursued for its own sake, must become a source of definite laws and that inversely will be the source of a possible categorical imperative13. Kant gave the concept of duty to a humanity that makes public morality a desirable ethical inevitable good for the state and for its citizens a good worthy of being pursued. According to professor Nyasani: The objective principle is that the categorical imperative is beween the supreme practical law and the source of all laws of the will. In this sense then the practical imperative will require everyone of us to act in such a way as to handlet the rest of humanity in the most charitable manner possible so as to see them as an end in themselves and never as a means to an end. It is every one’s duty as a rational being to treat others in the same way as he would like them to treat him. This is the community that Kant so elaborately preached and practised14. 10 We can glean the core idea of duty from the trend of our discussion – duty is a kind of obligation we owe to ourselves, to others and to the society of which we are a members. But duty is a special kind of obligation: Duty as an obligation entails some kind of necessity†¦ not physical necessity by sheer implied command rolled up in the categorical must. It is a moral necessity imposed upon the human – will that ultimately derives its validity and force from the law of human nature which in term upon the eternal law of the author of creation15 5 Duty as Obligation: Duty comes across as a kind of obligation which is fundamental and basic to ny other responsibility we owe to any one because of its divine and natural correlates. As an obligation it comes either as a natural (moral) or legal category. We have a moral duty to obey our parents and not to steal from our neighbour. A moral duty and a legal duty could coincide in the burden imposed upon the individual citizen. If I steal from my neighbour, for example, I could get legal positive measures as punishment. Also, my neglect of my parents could attract social sanctions. So it is the rules that govern particular duties given recognition by their generators (makers) that will make a particular duty either moral or legal. Lacey gives an etymological conception to duty when he relates duty to ? ught obligation, duty-connected to others;‘ we ought‘ suggests a gap which ought to be filled . Obligations are primarily moral or legal. They are also always traced to some moral agent. 16 As against obligation, duty is primarily connected with roles, whether or not there are voluntarily undertaken. Duties tend to be of longer standing and not as ad-hoc as obligation: one meets one‘s obligations as one incurs them, but does one‘s duty or discharges as one incurs them in the normal course of things17 . 11 A ccording to Lacey they have similarities: ?duties and obligations are therefore special kind of things we always ought to perform them since they may be overridden, whether by other duties etc or even by something non-moral 18. Kant, however, has distinguished perfect duties which were absolute and could never be over ridden by other duties or even by, inclinations. As against object of material duties, we have also subjective or putative duties19 which are ? what we think we ought to do? 20 while material duties are ? what we really ought to do21. Finally, we can say with regard to duty that it is an ontological impulse which compels us (by the power of conscience) to act in a particular way, refrain from doing something which could harm or dismay another citizen from enjoying his or her own rights. The object and subject of duty is justice, doing right to oneself and to all . rofessor Nyasani‘s own conception tallies with my dialectical linkage of duty and conscience: It is a positive moral intuition that links in our subconscious conscience that drives an individual to make a crucial decision vis-a-vis the enhancement, protection and preservation of the self and by extension that of the community w hich happens to be the object of any legal legislation and moral norms22. Duties arise from the relationship of parties – say between father and son, husband and wife, duties also arise from commands given to citizens under a statute say tax return. Duties equally arise from contracts for which non-performance may lead to serious damage to public interest. 12 6 Responsibility: How does one‘s duty translate to one‘s responsibility? If I say that I have an obligation to perform a particular task or carry out an action ,can we say it is the same thing as saying that ? I have a responsibility to perform the same task or carryout the action. These questions throw more light on the law segment of our discourse, seeking to know the relationship between a person‘s moral actions, duty and responsibility . what is the single element that holds the three moral concepts together? The word is accountability23. According to Wallace ? responsibility designates a person‘s moral accountability for his actions. The same general idea is expressed by the related term imputability – as a quality of actions, facts or consequences by which they are attributable to an agent, and responsibility is the quality of the agent to which they are attributed. 24 Responsibility can be applied ethico-legally in the following three ways: 1) Descriptive Employment 2) Prescriptive usage 3) Ascriptive application 1) Descriptive Employment: This is the expression of a cause- effect relationship between an agent and an action or a consequence, without implying anything with regard to the ethical character of the act. 2) Prescriptive Usage: This is an expression of a moral obligation bidding one to do or to avoid doing something. For example, when Peter tells his friend Emeka – Emeka it is your 13 responsibility to take care of your parents in the village? It becomes an objective responsibility which Emeka carries for his parents in the village. 3) Ascriptive Application: The term ascribes blame or credit to an agent who acts with or without due conformity to moral norms of conduct. This portrays a more personal and subjective sense of responsibility different from the prescriptive model above. In all moral situation in which the sense of responsibility is questioned, ascertained, prescribed, ascribed or described, before and after the actions, there is a problem introduced when it is no longer a question of one moral agent but two or more agents committing a particular moral action. The name given to that problem is ? cooperation‘ – how to ascertain the degree of responsibility of the agents in carrying out the action. For example, a dead one can aid another living agent to commit evil, but is no longer living. A situation when an agent shares in the intention and modus of an action is defined as formal cooperation. While in a situation such an agent does not share in the intention and refuses to participate on the modus of the action is known as material cooperation because he may unintentionally do something that will lead to the committing of the evil. Conclusion: In dealing with the concept of right, duty, obligation and responsibility as ethical considerations, we have basically dealt, as briefly as we could, with the levers of morality, which is defined as the quality attributable to human action by reason of its conformity to rules according to which it should be regulated. 25 This means that there 14 is, in every society, a subsisting standard to which every human action can be measured. It also means that man is responsible for his moral actions and the consequences. Hence every citizen has a right which the state and every other citizen owe a duty to protect, cherish and promote as an ethical and legal obligation. The moral principles exposed under this chapter become the ethical foundations for the global experience which we define as human rights – which will be treated under another heading in another project. Notes 1 Aja Egbeke, Philosophy: An Introduction, Eungu, Auto century †¦ Ibid p. 13) 2 publishing co Ltd, 1991, p. 12 3 Nyasani; J. M. Nairobi, consolata institute of philosophy press, 1995, 255 4 Ibid 5 Nyasani, Ibid see also Somerville, Francis, Christ is king: A manual of catholic social Doctrine (catholic social Guild, oxford, 1962) p. 12. 6 Ibid pp 29-31 Salomon, John jurisprudence ed. Brullians, London, sweet and maxawell Ltd, 1957, pp 265-266. 8 Ibid 9 Ibid 15 10 Ibid 11 Ibid p. 33 12 Ibid p. 35. 13 Ibid 14 See also imanuel Kant, â€Å"fundamental principles of the metaphysics of morals† oxford, the Clarendon Pr ess, 1954 pp 85-110 15 Nyasani, cit p 22). 16 Ibid p 23 17 ibid 18 Lacey, A. R. A dictionary of philosophy)London, rout ledge and Paul,1976, pp. 148 – 151 19 Ibid p 150. 20 Ibid 21 Ibid 22 H. N. Castanenda Imperative, duties and moral ought, Australian Journal of philosophy, 1966 pp 50-120. 23 Nyasani, Ibid p 24 24 Wallace, W. the elements of philosophy, New York, Alba, House, 2008, p. 53. 25 Wallace, 162

Thursday, January 9, 2020

Health Care System Is Unfair - 4946 Words

While excellent medical care is available in the United States, health care economics and the service delivery system present many challenges for the consumer and practitioner alike. This paper addresses four dimensions that are pivotal to the successes and failures of the system: cost, efficiency, choice and equity. The interplay of these dimensions across the canvas of health care options defines a system in flux, policymakers seeking a fair balance, and a nation in need of quality, affordable, accessible care. How do Americans pay for health care? The cost of health care in the U.S. is the highest in the world today. A higher percentage of national income, and more per capita, is spent on medical care by the United States than by†¦show more content†¦However, some characteristics are shared among all these plans. In service of cost-effectiveness, these organizations manage the financing of care delivered to members. For example, buying in bulk achieves lower prices for services from hospitals and practitioners. Efficiency and cost control are enhanced by limiting choice; members are limited to a list of approved physicians, and doctors are restricted to formularies and sanctioned procedures. Another cost-saving measure is the prevalent requirement for referral from a primary physician in order to consult a specialist. This restriction may undermine efficient service delivery, as well as access to services. Choosing a pricier plan can mitigate the restrictions on freedom of choice; however, this poses the broader issues of equity and access. Of course, the member realizes efficiency benefits in that the plan manages the delivery system: the where, what and by whom of health care. Perhaps the best example of this is the one-stop shop of the HMO. Health Maintenance Organization (HMO) - staff-model. Everything the member ordinarily needs is efficiently contained in a single location; caregivers and customer service, pharmacy and labs. The HMO premium is paid in advance by the plan member or the member s employer. The size of the premium is independent of the individual plan member s patternShow MoreRelatedJustice System And The United States1083 Words   |  5 Pagesis where the justice system comes in and their job is suppose to allow justice to be served. Over the years, the criminal justice system has lacked in that area according to almost half of the United States citizens. Many may ask the question, why?, but there is no definite answer for why the justice system has lacked in its area of justice. The real question is, how? How can this be changed? That is the question many American Citizens are asking. 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I will never forget the day that I sat next toRead MoreDiscrimination in Health Care1218 Words   |  5 Pagesopportunity. Significant Issue From the very first day at Streetworks, a prominent issue that has emerged within many client interactions is the discrimination present in health care institutions. Many clients have identified negative experiences present in emergency rooms based on feelings of discrimination and unfair treatment. It is an unfortunate and surprising realization for me as I am a firm believer in social justice and equality. The most detailed and profound example I had encounteredRead MoreThe Article Need An Organ933 Words   |  4 PagesThe article â€Å"Need an Organ? It Helps to be Rich,† by Joy Victory informs readers of how medical systems work for those who are in need of an organ transplant. In the article, Victory talks about a 34-year-old man named Brian Shane Regions - who is in need of a heart transplant, but is not able to secure one because he is not insured. Therefore, not having insurance, Brian is put into an unfortunate situation because he is simply not getting any treatment for his heart failure. This is a great exampleRead MoreMama Might Be Better off Dead by Laurie Kaye Abraham968 Words   |  4 Pagesstory, Jackie Banes and Mrs. Jackson. Throughout the book, I found Mrs. Jackson to have the best connection with public health. Mrs. Jackson was an elderly and disabled women with a variety of health care odds stacked against her. She had numerous health concerns; such as, d iabetes, peripheral vascular disease, and an amputated limb (Abraham, 1993). Mrs. Jackson suffered these health issues because she was a poverty stricken women and experienced economically depressed living conditions. Due to herRead MoreAn Article On The Health System Of The Indigenous Ashtray Lien Health Care966 Words   |  4 Pagesashtray lien health care. The article goes on to discuss how comparison of the indigenous Australian review against the Paris reference guide and suggests fledging but growing state of indigenous implementation research (McCalman et al., 2016). An article by Al-sharqi in 2012 it discusses the health system developments in Australia. The Contemporary health system in Australia evolved over two stages that are outlined as follows: the period was characterized by the development of health care servicesRead MoreMy Field Of Interest On Health Care1383 Words   |  6 Pagesinterest on health care and I will be doing it on a global level because I feel like health care all of the world is not equal for everyone. I am going to focus on 3 different countries and also focus on how men and women get different health care options within their country. 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Wednesday, January 1, 2020

Food Safety And Genetically Engineered Foods - 929 Words

The reading that stood out to me so far was Paarlberg’s article â€Å"Food Safety and genetically Engineered Foods.† It made me think more critically about food safety in the united states and GMOs and expanded on the politics behind many of our policies. The majority of the article focuses on the infrastructure behind our food safety and food regulations. Food is safer today than ever before due to better sanitation, increased awareness about contamination in both the public and private sector, and government regulations. At the federal level, the Food and Drug Administration (FDA) and the Food Safety and inspection Service (FSIS) are responsible for food safety. The FSIS inspects meant and poultry while the FDA inspects everything else. This division of labor is useful because one organization could not handle inspecting the copious amount of food grown in the US. 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One argument that proponents make about genetically modified food is that they are no different than natural foods. An argument that opponents make is that genetically modified organisms have not been tested enough because they are fairly new and some scientist truly don’t have an understan ding of how it will affect humans bodies differently than natural foods. Proponents