Jean Racine Essay Example | Topics and Well Written Essays - 2250 words

Jean Racine - Essay Example An interesting case in this point can be round in Racine's preface to Phedre. The seventeenth-century reader would likely have been surprised to find there no mention of pardon, whose parasitic rival version of the same story set off an unusually venomous battle. (Bold, 2001) According to Bold "Racine's own creation is modestly represented, as a carefully charted divergence from the Eurpidean 'Route' to which Racine remains richly indebted, serving 'Phedre' as an exemplary character". "The litotes of this opening, which might be read as a ritual gesture of authorial self-effacement, conceals in fact a far more complex irony in as much as it erases more than we at first think more, that is, than the simple vanity of a purely original creation, an inventio ex nihilo. One is, upon reflection, struck by a number of things in this apparently modest statement. This is certainly one of the very few places where one can find the character of Phedre described, at whatever level, as reasonable. It has also been fairly argued that Euripides's tragedy Hippolytus given the play's title and the stepmother's early guilt-ridden suicide is not really about Phedre anyway. More importantly, as it implies only a difference between the Latin and the French versions, Racine's dismissive reference identifies the Senecan text as the site of corruption and consequently, as an alibi for his own text's purer origins". (Bold, 2001) 'Phedre' the entire play revolves around the concept of 'monster'. To how much the statement is true can be determined from the fact that 'Phedre' represents the corruption and evil enriched in the social attitude of French culture of the then seventeenth century. Racine wanted the society to confront to the social dilemmas so it seems as if he has shown the French society, a mirror so that they might acknowledge their reality in the form of corruption and vulgarity. The main monster according to my perception is the evil that resides deep within a human, now it depends upon the person as to whether he feeds and nourishes that evil so that the evil grows up to become a 'monster' or he remains callous towards the evil, so that eventually he is alleviated. Let us see and examine every central character of 'Phedre' in the light of 'monstrous' appeal. 'Hippolytus' in other monsters Though Hippolytus is unmonstrous as compared to other characters in 'Phedre', but he fails to succeed through the rein of monstrous characters. One reason might be the strength of his inner self and conscience, which escorted him to remain aloof from participating in the devilish works of 'Phedre'. His reason for being morally ethical is the true love of 'Aricia', which lead him towards the light instead of thrusting into the darkness of horror which otherwise would have transformed him into the monster. He is the only character perceived to be 'human' as he knows the morals of relations, and unlike other characters in 'Phedre' he has trained his ego towards goodness and moral values. The reason for other

Marketing Strategy Research Paper Example | Topics and Well Written Essays - 750 words

Marketing Strategy - Research Paper Example It takes less time to prepare ice cream this way. Therefore many customers can be served fresh ice-cream as soon as they order it. This also gives the customer confidence that they get a freshly made product in just a matter of seconds (Barry 23). Kids will also love the experience of watching their ice cream freeze in front of their eyes. Liquid nitrogen is safe in gaseous form and is not harmful in any way even if it gets in contact with the customer during preparation of their ice cream (Robin 31). My primary target is the millions or even billions of ice cream lovers not only in the nation but globally. With such an innovative idea, I am hopeful that it can expand worldwide and that the ice cream experience can be changed globally (Barry 29). I would like to think that most of my target customers would be children but ice ream lovers are not biased by any factor such as age. Hence for the teenagers and adults, they apply to my target group for frozen ice cream (Robin 36). My key competitors are ice cream makers that are in existence particularly the large manufacturing companies that are in existence today. My product is advantageous with the fact that it is creamier and has less of preservatives. However, I lack the advantage of capital to roll out my idea (Stuart 35). This is especially so when I consider the fact that I do not have a retail store to roll out the business. Also I do not have enough cash to advertise. My competitors also have a well established brand name such that I become a tiny threat to their market share (Stuart 41). Compared to my competitors too, I face the challenge of sales and marketing. This requires capital, time and resources and as of now, I have neither the time, capital nor resources to carry out huge campaigns on my product. Even though I am a small threat to the big competitors, I have the

Mercutio vs Romeo Essay Example for Free

Mercutio vs Romeo Essay Love is a hard thing to define but lust is a burning desire for another person, and it usually doesn’t last a very long time. Love can transform over years and still remain consistent. Lust is superficial when only the appearance is considered but nothing else, which can be called ‘love at first sight’. Lust is only a short-term relationship, whereas love leads to a deeper understanding of the other person and one develops affection and caring for them. Mercutio’s idea of love doesn’t involve commitment, is more realistic than Romeo’s view and Mercutio doesn’t allow love to inflict any pain. Romeo’s idea of love includes commitment, and has a deeper, more passionate love and he allows himself to be vulnerable to his emotions and lets them take over. Mercutio and Romeo’s view on love are both similar in the sense that they involve desire for a girl and they are driven by their emotions. Both are fuelled by madness and this leads to them making rash decisions that result in a big loss and in Mercutio’s case, his life. Mercutio’s anger and feud with Tybalt leads him to go mad and be stabbed to death. Romeo’s anger gets the better of him which results in him stabbing Tybalt, after just having married Juliet. In the end, Romeo’s grief over Juliet’s ‘death’ overcomes his will to listen to reason and this poor decision ends up terminating his life too soon. Another similarity is that both characters are captivated by looks. They both speak of a woman’s outer appearance and have rarely talked about their personalities. When Romeo first sees Juliet, he marvels at her beauty without trying to figure out who see really was. O, she doth teach the torches to burn bright! It seems she hangs upon the cheek of night, Like a rich jewel in an Ethiop’s ear; Beauty too rich for use, for earth too dear† (1. 5. L. 44-47) In Act II, Scene 2, we see Mercutio trying to lure Romeo out by describing Rosaline’s appearance, â€Å"I conjure thee by Rosaline’s bright eyes, By her high forehead and her scarlet lip, By her fine foot, straight leg, and quivering thigh. †(2. 1. L. 17-19) In the start of the play, Romeo and Mercutio think that all ther e is to ‘love’ is having sex. Even the servants, Sampson and Gregory mentioned wanting to sexually harassing the maids of the Montagues. â€Å"That shows thee a weak slave; for the weakest goes to the wall. † â€Å"’Tis true; and therefore women, being the weaker vessels, are ever thrust to the wall: therefore I will push Montague’s men from the wall and thrust his maids to the wall. † (1. 1. L. 12-17) This proves that most men in this time thought of themselves as superiors compared to women. As the play progresses, Romeo’s view on love changes after he meets Juliet. After meeting Juliet, he falls in love with her as a whole instead of just her appearance. While there are minor similarities between Mercutio and Romeo’s view on love, the differences are pronounced and deserve thorough examination because the line between lust and love is very confusing and many people in society mix the two up. On one hand, Mercutio’s view can be described as ‘a chase for something sexual’. He never mentions settling down with a girl and having a committed relationship. Mercutio, unlike Romeo, does not believe in fate deciding his path, instead he lives in the moment. Mercutio doesn’t let love overthrow his conscience and guide his actions. Romeo says â€Å"Is love a tender thing? It is too rough, too rude, too boisterous, and it pricks like a thorn. † (1. 4. L. 25-26), to which Mercutio replies with â€Å"If love be rough with you, be rough with love; Prick love for pricking, and you beat love down. † (1. 4. L. 27-28) In those lines, he talks about how in order to defeat love and to not have it afflict with your actions is to have sex instead of loving someone and go through the pain of them not reciprocating your feelings. On the other hand, Romeo has a romanticized view which is shown by his strong reliance on fate, and the stars. In these lines, Romeo says â€Å"I am too enpierced with his shaft, To soar with his light feathers, and so bound, I cannot bound a pitch above dull woe. Under love’s heavy burden do I sink† (1. 4. L. 19-22) Romeo is being pulled down by the amount of pain from not being able to see Rosaline. At first he’s a victim of being caught up in Rosaline’s looks and mistook it as love. It wasn’t until he met Juliet that he truly discovered the true meaning. Romeo wallows in self-pity and loves by night. â€Å"I have night’s cloak to hide me from their sight; And but thou love me, let them find me here: My life were better ended by their hate, then death prorogued, wanting of thy love† (2. 2. L. 75-78) In contrast, Mercutio appears in the play mostly in the day and shows that he believes he can control his life and is more realistic than Romeo. He serves as the contrasting character to show a ifferent perspective on love from Romeo’s passionate, and emotional view on love. In culmination, Romeo’s idea of love is stimulated, loyal, and susceptible to pain. Romeo shows his vulnerability and readers and viewers of the movie have an easier time relating to his feeling for heartbreak. His loyal and never changing love for Juliet even as she was ‘dead’ made readers fall in love with his character. Although Romeo and Mercutio have different perspectives on love, they also have similarities which make them able to be such good friends.

Land Property Rights

Land Property Rights A number of prominent cases concerning land and property rights, which have mainly involved women, have been addressed throughout the previous few decades. The above scenario states fundamental principles within the rule of law that have been raised in past cases. In consequence, this paper will be considering various different outcomes of important court decisions, along with the relevant Acts and law that accompany such proceedings. In the scenario, it appears that John, the trustee want to sell Fairview Cottage, however Mary, the beneficiary objects to this. Following this, considerations will be given to the given scenario, and what advice should be given in such circumstances. Land law recognises two forms of property ownership, which have been defined as legal ownership and beneficial or equitable ownership. Beneficial ownership concerns a persons right to live in and use the property, along with the right to any financial gains when the property is sold. The result of beneficial ownership can, therefore, significantly affect the sale of a property. The issues concerning beneficial interest were highlighted in Turton v. Turton (1988), during which the Court agreed on the notion that beneficial interests were dependent upon the intent of both parties when purchasing the property. In Walker v Hall (1988), LJ Nourse stated, â€Å"It must always be remembered that the basis on which the court proceeds is a common intention, usually to be inferred from the conduct of the parties; that the claimant is to have a beneficial interest in the house. In the common case, where the intention can be inferred only from the respective contributions, either initial or under a mortgage, to the cost of its acquisition, it is held that the house belongs to the parties beneficially in proportions corresponding to those contributions† (As quoted in Family Law Week, 2007). In order to establish a beneficial interest the claimant needs to prove â€Å"a resulting trust by showing that it would be inequitable for the legal owner to claim a sole beneficial ownership† (Privy-council.org.uk, 1999). A resulting trust is where ones share of the property is proportionate to their contribution made. It Arises due to the intention of the parties. In the case of Drake v Whipp (1995) 28 HLR 531, Peter Gibson LJ stated that it is crucial to distinguish between the different types of trusts. He argued that the distinction was of ‘crucial importance in deciding the size of the claiments size in terms of contributions made. The case of Bull v Bull [1955] 1 QB 234 shows the intention of the parties can be determined by the contribution made. In this case Lord Denning in the Court of Appeal stated that the share of the property should be ‘in his or hers respective contribution and also explains that each of the parties is entitled to the ‘possession of the land if they gave a respective contribution. Peter Gibson LJ in Curley v Parks [2004] EWCA Civ 1515 further explains that only contributions made at the time are relevant. Later contributions are not relevant for a resul ting trust. In this scenario, Mary has contributed 50% of the purchase price. The contributions were made with the intention of the property being used as a family home for the couple and their 3 children. Thus she has an equitable/beneficial interest under a resulting trust. It is also obvious that the contribution was made at the time of purchase, so a resulting trust will be applicable for Mary. Once its established somebody has a equitable/beneficial interest i.e a resulting trust, it is also important to note if they are in actual occupation, if so then their interests will be overriding. There is no stautory definition of what is meant by actual occupation. Actual occupation was defined by Lord Wilberforce in Williams Glyns Bank Ltd. v. Boland [1981] as ‘some physical presence with some degree of permanence. This was further confirmed by Lord Oliver in Abbey National Building Society v Cann and Another [1991] 1A.C. 56 where he further stated the emphasis on the degree of permanence. Lord Oliver also discussed when the claimant must be in actual occupation. He said ‘actual occupation required to support such an interest as a subsisting interest must exist at the date of completion of the transaction giving rise to the right to be registered. The House Of Lords also said that purchaser is bound by all overriding interests, thus giving more rights to the current occupier. The case of Ferrishurst Ltd v Wallcite Ltd [1991] further indicates the necessities for an overriding interest. Once an overriding interest is shown then he/she will have greater rights. In this scenario Mary ‘lives at Fairview Cottage which indicates that she lives there with a ‘degree of permanance. She also fulfils Lord Olivers criteria because she still lives at Fairview Cottage along with her children. Once actual occupation and beneficial interest are proven then a overriding interest will be present and Marys rights will be greater than any other persons. The Land Registration Act 1925 (LRA) confirms this, where it states. â€Å"The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and rights are not disclosed†. Another important topic to discuss is the issue of overreaching. In City of London v. Flegg (1988), the court ruled â€Å"that the Fleggs had no interest in the house once the payment had been paid to the Maxwell-Browns, since their interest had been overreached† (Todd, 1996). In this case, Mr and Mrs Flegg claimed a beneficial interest in the property by virtue of s.70(1)(g) of the LRA 1925. According to Todd (1996), this â€Å" decision would probably be different today, following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), because overreaching would no longer occur.† Now, overreaching would only occur where the money is paid to atleast two trustees. Overreaching doesnt occur where the money is only paid to 1 trustee as seen in Williams Glyns Bank Ltd. v. Boland (1981). This led to Lord Wilberforce making the following statement; ‘a husband or a wife (in each actual case a wife) who has a beneficial interest in the matrimonial home, by virtue of having contributed to its purchase price, but whose spouse is the legal registered owner, has an overriding interest binding on a mortgagee (Wilberforce, 1980. As quoted by Mary Rose Plummer, 2007). In this scenario it is possible a potential purchaser may be able to overreach Marys interest if money is paid to atleast two trustees. However, it is unlikely that Marys interests will be overreached as there is only 1 trustee i.e. John. The rights of an occupant are dependant upon their legal status in relation to both the ownership of the given property and the other party. Individuals that are either married or registered in a civil partnership, according to British law, are automatically entitled to occupancy rights. In consequence, even when a spouse is not mentioned in the title deeds, he or she still has a right to live in the matrimonial home, as stated by the Family Law Act 1996. S.30(1) (FLA) , where the spouse can occupy house if owned by other spouse. However, this right is dependant upon where a divorce or dissoluteness of a civil partnership doesnt occur. In consequence, therefore, a person who is not on the title deeds, does hold certain occupancy rights. S. 31(10)(a) FLA 1996 states that matrimonial home rights are minor interests. For a minor interest to be protected, it must be registered by entry on the register of a notice. A notice is defined by the LRA 2002. An entry of a notice will protect the interest from any subsequent purchasers. If a notice isnt registered then ones right/interest may become void. As the property is legally owned by her spouse, Mary has the right to occupy it. In order to occupy the house however, she must register this right, by submitting a notice on the register. . It can also be argued that her interest as a spouse is only a minor interest, in relation to this a minor interest must also be registered under S. 29 LRA 2002. If this interest is not registered then it will not be binding. In addition, not only is Mary physically present, but she also holds clear occupancy rights, which include the right to exclude all those who do not hold the same rights. Fairview Cottage is clearly a matrimonial home, which was bought with the intention of being inhabited by both spouses, along with any existing or future children, of whom all would have a beneficial interest within the property. The fact that Mary is married to John, that they have three children, and has an equitable interest in the property as that she contributed financially towards the purchase of the property is clearly in Marys favour as stated in Family Law Week 2007 where it said â€Å"If you are married or in a civil partnership, your spouse or civil partner cannot sell the family home without your permission, even if your name is not on the title deeds† In addition, when considering the circumstances outlined within the given scenario, it is evident that Mary and John bought the house as a matrimonial home in which they intended to raise their family. As the couple are still legally married the house is still the family home, so the intention is still ongoing. S.14 of TOLATA 1996 lets anybody who has any type of interest in trust property to make an application for sale. In practicality, Mary can apply to the court to prevent John selling the house, or John can apply for the court to grant permission for sale. Even a potential purchaser wishing to buy the house can apply. As outlined in TOLATA 1996, matters referring to determining an application in accordance with section 14 are dependent on are stated in S.15; S.15 (1)(a) The intention of the individuals in attaining the property. S.15 (1)(b) The purposes or reasons for purchasing the property. S.15 (1)(c) The welfare of legal occupants, including children. The intentions of John and Mary when purchasing Fairview Cottage, as this paper has clearly demonstrated, was to provide a matrimonial home, which indicates that both had a common intention. The issue of matrimonial home is further discussed in S30 Family Law Act 1996, whereby a spouse has the right to occupy a property is he/she has a beneficial interest. Mary successfully fulfils this criteria. As S.15 (1)(a) and S.15 (1)(b) are still in existence, the court are likely to find in favour of Mary. They should prevent John from forcing a sale upon her. In addition to this, and in reference to the third factor S.15 (1)(c), the interest of the children is also and seen as an important consideration when considering beneficial applications. In the case of Re Evers trust [1980], LJ Omerod stated that it is important to underlay the importance of intention of the trust. In this scenario it was to prvide a family home. He further states that if the children are not mature it would be wrong to order a sale. This is further reiterated in the case if Williams JW v Williams MA [1976]. Therefore in this scenario, if the children are young, then the court is likely to find in favour of Mary, though if the children are mature then that fact should aid John. The ages of the children are unknown. Also, it is not sure what age is considered as ‘mature (it could be 18 or 21). If any of the kids are under 18, then a ruling in favour of Mary is likely. However, Judge Wroath in the case of TSB Bank plc v Marshall Others [1988] stated that even if the children are considered as adults, the courts may not take this issue into consideration when deciding on the sale of a property. Article 8 of the Human Rights Act (1998) states, â€Å"Everyone has the right for his private life and family life, his home and his correspondence,† which infers that children, who are profoundly affected by change brought about by parental disputes such as that portrayed within the given scenario, are protected by law. However the courts are not as likely to consider this in practicality. The courts are more likely to consider S.15 TOLATA 1996. However, as John is the legal owner/trustee of Fairview cottage, it is possible for him to sell under S14 TOLATA 1996 whereby the courts can grant him an application for sale. The courts in doing so would consider the factors listed in S.15 TOLATA 1996, to determine what action to take. In conclusion, it is evident that Mary has equitable interest of the property. An equitable interest together with actual occupation gives her an overriding interest. If she has this overriding interest then her position as a beneficiary would be even stronger, as her interests would override the interests of any other persons. However it is possible a potential purchaser may be able to overreach her interest. This is only applicable to where money is paid to two trustees, in this scenario John is the only trustee so it is unlikely that this will occur. If John wishes to evict Mary then he must apply under S. 14 TOLATA 1996. The courts will then consider the factors in S. 15 and any other factor it wishes to make a decision in regarding the sale. However, as outlined above it is unlikely that John will be successful. Although John is legally the sole proprietor of Fairview Cottage, the circumstances surrounding the purchase of the property strongly indicate that Mary is in a stronger legal position. The matrimonial status of the couple, for example, the fact that Mary significantly contributed towards financing the project, the original intentions of setting up a matrimonial home, and the presence of children, all indicate Marys right to beneficial ownership.

Nelson Mandela Essay -- essays research papers

Rolihlahla Dalibhunga Mandela is born in a small village in the Transkei province in the Eastern Cape of South Africa on July 18, 1918. He was in a tribe called The Madiba, his tribal clan, is part of the Thembu people. His family has royal connections; his great-grandfather was a King and Mandela's father is a respected counselor to the Thembu royal family. His father has four wives and He is one of thirteen children. On his first day of school, Rolihlahla is given the English name Nelson by an African teacher. After receiving a good education at local boarding schools, Mandela enters Fort Hare University and completes two years before deciding to leave for Johannesburg to avoid a marriage arranged for him by his guardian, Chief Jongintaba. Mandela then earns his B.A. degree, enrolls in law school and joins the ANC (AFRICAN NATONAL CONGRESS) which is an organization est. in 1918 to promote black freedom. Believing that the ANC leadership is too staid, Mandela, Oliver Tambo and Walter Sisulu form the ANC Youth League. They plan to organize mass support for the ANC and make it a more verbal organization.1948; the National Party comes to power under Dr. Daniel Malan. His platform is called apartheid, meaning "apartness." They make new laws supporting racial discrimination and almost deleting almost all black rights. In1949, The ANC responds to the new apartheid policies, the ANC drafts a Program of Action calling for mass strikes, boycotts, protests and passive resistance. In 1951, Mandela becomes national president of the ANC Youth League. After that it is all downhill and Mandela is arrested several times. Later 1952, He draws up a plan for the ANC to work underground called the M-Plan. Early 1960’s Mandela escapes the country and travels in Africa and Europe, studying guerrilla warfare and building support for the ANC. Late 1962, Returning to South Africa, Mandela is arrested, convicted and sentenced to five years. He is held on Robben Island .He is held there for more then 20 years. 1985, United States Senator Edward Kennedy visits South Africa to show his anti-apartheid support. He is hosted by Bishop Desmond Tutu the recipient of the 1984 Nobel Peace Prize; Kennedy also visits Winnie Mandela (Nelson’s Wife). Same year, South Africa's church leaders take up the anti-apartheid cause, led by Bishop Tutu. Late1985, During the summer, anti-apar... ...edy also visits Winnie Mandela (Nelson’s Wife). Same year, South Africa's church leaders take up the anti-apartheid cause, led by Bishop Tutu. Late1985, During the summer, anti-apartheid rallies and protests take place in New York City, Atlanta and Washington. North America keeps up their support when world famous musicians, including Bruce Springsteen and Miles Davis, release the anti-apartheid disk "Sun City.' The song "Free Nelson Mandela" reaches the Top Ten on rock-music charts in England. Feb 2 1990, In a dramatic speech to Parliament, de Klerk (head of getting Mandela out of jail) announces the lifting of the bans against the ANC and other political organizations. Feb 11 1990, After 27 years of imprisonment, Mandela is released. His new life is busy, visiting old friends and supporters, becoming deputy president of the ANC, and traveling with Winnie to the U.S., Europe and North Africa. In Sweden, he visits his old friend Oliver Tambo. 1993. Mandela and de Klerk are jointly awarded the Nobel Peace Prize. 1994, Nelson Mandela is inaugurated as president of South Africa, with his daughter Zenani beside him; de Klerk is sworn in as deputy president.

Blue Swimming Crabs :: Fishermen, Malaysia, Bardawil Lagoon

Blue swimming crabs are an important source of income for fishermen in the Malaysia, also known as ‘ketam bunga’ or ‘ketam renjong’ in the name of the local. The high price and increased demands in among community will cause the over-exploitation in production of blue swimming crabs. In 2003, total landings for P. pelagicus were approximately 175,000 tons and decrease to 165,000 tons in 2004 (FAO Fish Stat, 2009). This decline from over-exploitation has an impact in some Asian countries (Ikhwanuddin et al., 2005). In Malaysia, statistics from Department of Fisheries (DOF) shows that the landings of P. pelagicus is 3514 tons in 2007 and increase to 4427 tonnes in 2008 but the landings is decrease in 2009 with 3057 tones. These declines total the crabs fishing at territorial water in Malaysia as an early marker of deficiency will the crabs in the future because of the increasing the catch and the damage of coastal environments, the amount of P. pelagicus is ra pidly decreased. However, P. pelagicus cultured are important from the beginning of the last decade because of high demand for live crabs and crabs products in the export market. Due to their fast growth rates to market size (Josileen and Menon, 2005) and relative ease of hatchery production (Walker, 2006), the aquaculture interest of this species is growing. Blue swimming crabs are of high value and quality, a profitable export markets in Singapore, Kuala Lumpur, Hong Kong, South Korea, Taiwan and Japan by Australian producers (Stevens, 1997) Now day, P. pelagicus are cultured for the production of the lucrative soft-shell crab market on recirculation and lined pond systems in Australia (O'Neill, 2003 and Walker, 2006). Blue Swimming crabs are not only popular in Malaysia but another country a lot of crabs caught along the Coast of Dar es Salaam in Tanzania (Chande and Mgaya, 2004), Bardawil Lagoon of Northern Sinai in Egypt (Abdel Razak et al., 2006), Park Bay and the Gulf of Mannar in India, the West Coast of South Australia in Australia (Dixon et al., 2008) and at Southern Trang Province of Thailand (Sawusdee and Songrak, 2009). An estimate of blue swimming crabs caught in the waters around southern Australia from 2007 to 2008 was 669 tonnes valued at $ 5,740,000 by Knight and Tsolos (2009). Blue swimming crab landings in India increased from 20,000 to 48,380 tons at 30 percent for years 1977 to 2005 (Samuel et al.

An Analysis of Intercultural Negotiations between the East and West Essay

Executive Summary: This report provides an analysis and evaluation of an intercultural negotiation between USA’s Brown Casual Shoes and China’s Chung Sun Manufacturing, provides a literature review of a prominent theory from the field and suggests recommendation to improve the process of intercultural communication between these two countries and companies. As the Case Study was identified as subpar negotiation, all issues from the Case Study were allocated into Intercultural, Verbal and Nonverbal. Following this, Hofstede’s Cultural Model was introduced in the literature review and critically analysed. This model included five dimensions: 1. Uncertainty Avoidance 2. Power Distance 3. Masculinity vs. Femininity 4. Individualism vs. Collectivism 5. Short Term vs. Long Term Some strengths of the model included a large sample size, indexes for all nations and easily formulated hypotheses. Alternatively, some limitations were an alleged sample misrepresentation, not adequately analysing people on an individual level and a time lapse since dimension formulation. Major issues from the negotiations were then further investigated and included: Rushing the negotiations and failing to form an adequate relationship Causing offence by giving a gift to the Chinese representative Not respecting the hierarchy of the Chinse culture Failing to hire an interpreter for the negotiations Touching the Chinese associates inappropriately Recommendations suggested preventing further intercultural issues and fixing current issues as noted above included: Hiring an interpreter and cultural adviser Translating all written materials into Chinese Creating transparency within the negotiations process by asking for a joint strategy 1 Introduction Intercultural communication is becoming increasingly important within a global context for businesses. In one study within China – the country being analyzed, all respondents to a survey agreed that it is critical to the success of the organization (73.9 strongly & 26.1 moderately) (Goodman & Wang, 2007). In the following report, the success of an intercultural negotiation between China and USA will be assessed to ascertain all issues occurring across intercultural, verbal and nonverbal and how they can be fixed. This will be done by providing recommendations based on current literature in the field. Additionally, The issues of the case will be identified and analysed and a literature view will be undertaken of a relevant prominent theory in the field. 2 Identification of Problems/Issues Within the negotiations between Brown Casual Shoes and Chung Sun Manufacturing, there were several intercultural communication issues that offended the Chinese through what appeared to be a blatant disregard for their cultural barriers. These issues have been partitioned into three sections general, verbal and nonverbal. 1 Intercultural Issues The first error in their intercultural interaction was the letter given by Mr  Brown to Mr Deng. In addition to gift giving in the Chinese business culture being unacceptable due to it being seen as bribery (UONI, 2011), it is especially offensive for a gift to be wrapped in white paper – as red is the norm (Kwintessential, 2013). The fact that Mr. Deng refused the gift three times before opening it aligns with the fact that Chinese may refuse a gift three times before opening it – but not a fourth (Kwintessential, 2013). Another contributing factor is the point that Chinese don’t like to say no, and will often say yes just to save face (World Business Culture, 2013). The following mistake made by Mr. Brown was offering the first toast of the evening. In Chinese cultulre, it should always be the host who makes the first toast of the evening (Kwintessential, 2013). Additionally, Mr Brown’s lack of knowledge on who should leave the meeting first may have caused offence. As per Chinese culture, the foreigner should always leave first when a meeting is finished (UONI, 2011). Mr Browns misunderstanding of this could have caused discomfort for the Chinese. Mr Brown’s perception that the initial meetings with the Chinese would have resulted in a negotiation early was a fundamental misunderstanding – as he failed to realise that the Chinese often forge relationships with individuals before partaking in business (Goodman, 2013). 2 Intercultural Verbal Communication Issue Although Mr Brown and his team participated in lots of small talk with Mr Deng, further small talk could be encouraged to avoid causing offence and giving the impression that the negotiators only care about time – and not forging a lasting relationship (UONI, 2011). An additional verbal error made by Mr. Brown was his failure to hire a interpreter. In China, this is often viewed as a sign of disrespect for their culture (Fang & Faure, 2010). This lack of an interpreter and an overall lack of comprehension of English could have been the reason for the large amount of questions rather than the impression formulated by Mr. Brown that they were not serious about the business (World Business Culture, 2013). Furthermore, the fact that Mr Brown and his team didn’t make the effort to learn any Chinese at all for the negotiation might give off the impression that they are ethnocentric about their culture (Goodman, 2013). 3 Intercultural Nonverbal Verbal Communication Issues Although there were not many nonverbal communication errors, one fundamental nonverbal communication error made by Mr. Brown was his touching of the arm of Mr. Deng. Culturally, Chinese dislike being touched by strangers (Gao et al, 1996). As they were only just meeting and not yet properly acquainted, this may have been perceived as offensive. 3 Literature Review Hofstede’s model has been used as it was utilized a starting point for many additional cultural models. Below, figure one shows the convergence of this model with other notable ones from the field of cultural communication studies. It can be deduced from this that Hofstede’s model is the most diverse and complete framework as it encompasses all factors of other relevant models and shows evidence for the theoretical relevance. Figure 2: Comparison of Hofstede’s cultural framework with other models Source: Soares, Farhangmehr & Shoham, 2007, p. 281 One assumption of this model is defining identity through nation. Many scholars (Steenkamn et al, 1999l Hofstede, 1984; Parker, 1994; Hoover et al., 1978) support this approach. 1 Literature Review Hofstede’s cultural dimension is a model crafted to identify the key differences across different cultural workplace values. Gert Hofstede formulated this model through complex statistical analysis on more than 100,000 IBM employees across the world. The results of this suggested that five dimension anchors could be used to describe most important differences among cultures worldwide. These anchors provide points of comparison for each culture and allow different nations cultures to be contrasted and their disposition measured based on key traits (Lewicki, Saunders & Barry, 2011). These anchor points are: Individualism/Collectivism, Power Distance, Masculinity/Femininity, Uncertainty Avoidance and Short Term/Long Term. Figure 1 below shows how this is commonly measured. Figure 1: Source: Hofstede, 2001 The first dimension of the model is Power Distance. Power distance reflects the attitude a society holds on power inequality and authority relations in society. This anchor can influence hierarchy, dependence relationships and organizational context (Soares et al, 2007). A low score is indicative of a society with little respect for unequally distributed power and decisions are often spread through the organisation with feedback to bosses appropriate. Alternatively, a high score shows that the society depends highly on hierarchical structures and may concentrate decision making at the top (Hofstede, 1980). Uncertainty avoidance is the second dimension of this framework. This dictates the extent to which people feel threatened by uncertainty and ambiguity and due to this avoid situations that may cause these feelings to occur (Hofstede, 1991). People with high uncertainty avoidance often have well defined rules for prescribed behaviours (Soares et al, 2007) and if these are not in pla ce for new situations, they will strive to immediately move towards establishing them. Alternatively, those with low scores on this anchor will be less affected by situations that may be ambiguous (Lewicki, Saunders & Barry, 2011). The next dimension – individualism vs. collectivism, describes the relationships people have in each culture (Soares et al, 2007). In individualistic societies, people tend to act independently and look after only themselves and their direct families. In collectivist societies, members of the society hold a large degree of interdependence (Hofstede, 1980) and take care of their group in exchange for loyalty. Masculinity vs. Feminity is the scale anchor that differentiates societies where achievement and success is paramount (high – masculine) and those where caring for others and quality of life is more important (low – feminine) (Hofstede, 1994). Feminine societies are ones where quality of life is often more desirable than standing out from the crowd (Hofstede, 2014). Lastly, Long-term vs. Short Term is the dimension, which shows countries preference towards future rewards and perseverance or towards  short-term gain and fulfilling past or present traditions (Hofstede and Bond, 1988). 2 Strengths Some strengths of Hofstede’s model is the thoroughness and time points of his research – which includes 116,000 empirical questionnaires from over 60,000 respondents across seventy countries in various decades (Hofstede, 1984; Hofstede, 1991; Hofstede, 2001). This is the most robust model in terms of sample size and variety (Smith et al., 1996). He links his dimensions with various external and internal factors, such as demographic, geographic, economic and political, and assigns indexes to every nation – a feature unmatched by other frameworks (Kale & Barnes, 1992). In addition, the framework is highly useful in formulating easy hypothesises across a range of purposes and it continues to be the norm used in international marketing, psychology, management and sociology studies (Engel, Blackwell & Miniard, 1995; Sondergaard, 1994). 3 Weaknesses Although some critique Hofstede’s research due to its alleged sample bias and its lack of inclusivity of the richness of cultures due to its sample size being based only on those working at IBM (Lewicki, Saunders & Barry, 2011), they fail to take into account further revisions of the model by Hofstede. At the International Institute for Management Development Hofstede administered the test to international managers from over 30 countries from a variety of both private and public organisations. The results yielded in these proved significantly similar to those in his original sample – solidifying his original hypothesis (Geert, 2008). Another prominent critique is the fact that in both of these cases, there was a disproportionate level of males, members of the middle class were over represented and education levels were much higher than average (Lewicki, Saunders & Barry, 2011), Additionally, some argue that in the model nation differences only account for 2 to 4 percent of variance in individual values, leaving at least 96 percent- if not more, unexplained. One scholar from the Academy of Management suggested that the model was incongruent with his own knowledge on psychological phenomena and suggests that an  alternative methodology be drafted (Ailon, 2008) to account for this 96 percent. Some academics claim that Hofstede’s culture dimensions are flawed due to their categorizations of people into national stereotypes rather than individual character. This is especially applicable for people living in ethnically diverse countries. (Venaik & Brewer, 2013). Lenartowicz and Roth (1999), however, contend that no single methodology across any model is able to address the inclusive set of criteria relevant to cultural assessment in business studies. Lastly, it could be suggested that due to the time that the initial dimensions were formulated was so long ago they may be out-dated and no longer relevant. Others argue that the change in cultures occurs so slow that significant changes would not likely affect the model for a long perio d (Sivakumar and Nakata, 2001) – perhaps until 2100 (Hofstede, 2001). 4 Case Analysis Five issues have been chosen out of the initial ones identified and have been linked up with their relevant theories. 1 Issue 1 The first issue is Mr Brown’s rush to finalise the negotiation and his final comment suggesting impatience with the negotiations. As China’s culture is predominantly long-term orientated (87 vs USA’s 26) the Chinese representatives may take longer to finalise the negotiations due to having a disposition towards long term relationships (Zhang & Toomey, 2009). In addition to this, Chinese negotiators often need to form a relationship due to their low temperament to individualism – 20 vs USA’s 91 (Hofstede, 2014). This haste showed great disrespect for the Chinese’s efforts to form a long-term relationship with the company, an aspect commonly necessary for business arrangements to succeed in China (Fang & Faure, 2010). 2 Issue 2 As China is a highly particular culture on Trompenaars seven dimensions of culture model (Luthans & Doh, 2009), meaning that deciding on what is right and wrong or acceptable and unacceptable is highly dependant on the exact situation and relationships involved (Trompenaars, 1997) it was a grave issue not to hire a translator to help overcome this barrier. Hofstede provides support for this theory by ranking China very low on the uncertainty avoidance scale (30), meaning that their rules may be very flexible and unique culturally (Hofstede, 2014). 3 Issue 3 As China is a high context society (Hall, 1985), the failed gift-giving incident could correspond with a clash of this high context. Hall notes that within a high context culture messages are often covert and implicit, there is much non-verbal communication and the expression of reaction is frequently reserved and inward. The message that Mr. Deng did not want to accept the gift was most certainly covert and non-verbal and his reaction to the incident stayed reserved and inward – most likely to save face (Goodman, 2013). 4 Issue 4 Hall’s theory additionally links to an important issue within the negotiation process. As Mr. Brown continually touched Mr. Deng’s arm during negotiations, this may have been perceived as breach of Space (Hall, 1985). The proxemics of the Chinese culture dictates that touching is rarely acceptable (Communication Studies, 2014). 5 Issue 5 Another issue arising from the negotiations is both Mr. Brown toasting first at the dinner and him not leaving the dinner first. What he failed to consider when doing this was China’s high power distance (80 vs USA’s 40) (Hofstede, 2014). This suggests that China strongly values hierarchical institutions. Toasting first and disrespecting the Chinese cultural norm of the guests leaving dinner first could be perceive as disrespectful to the order of the Chinese leadership and their subsequent authority. 5 Recommendations Three recommendations have been suggested to improve Brown’s Casual Shoe’s negotiation with China in analysis of the Case Study 1 Recommendation 1 The first and most important recommendation for Mr. Brown would be to hire a corporate communicator or interpreter. Although it would not be wise to hire a complete agent – as it may detract from the personal relationship needing to be crafted between both parties for successful business undertakings, USA negotiators should hire an interpreter at the least or a cultural adviser at best to cut through the high context culture of the Chinese, show the  Chinese that they care about their culture and to offer priceless advice on the negotiation process to ensure an optimal outcome for both parties (Lewicki, Saunders & Barry, 2011). 2 Recommendation 2 The USA negotiators should in future hire a translator to succinctly translate all of their written material including business cards, marketing presentations, business proposals, company history, product information and anything else relevant to the trip to Chinese using simplified characters (Fang & Faure, 2010, p. 138). This takes away room for misinterpretation on any element of business and eliminates any concept of ethnocentricity that could have been perceived as well as showing respect for their culture and language (Kwintessential, 2013). 3 Recommendation 3 The final recommendation is to identify whether either parties or both parties will adjust their style of negotiation to the other parties cultural style. Confusion can sometimes arise when both parties are trying to adjust to the others negotiation style (Lewicki, Saunders & Barry, 2011, p. 245). A simple affirmation of whether this will be done can save much confusion and create an air of transparency. In many cases a secure middle ground (sometimes called joint strategy) can be agreed upon. This could be asked through an email or letter prior to negotiation commencement, or if this is not appropriate, they could ask to speak privately with the highest authority of the Chinese party to respect their hierarchical institutions. 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