Thursday, October 31, 2019

Pre-Incorporation Contracts Essay Example | Topics and Well Written Essays - 2250 words

Pre-Incorporation Contracts - Essay Example Section 32A (1) (a) of the Companies Ordinance of Hong Kong contains the statutory provisions governing the pre-incorporation contracts. According to this section where a person or a promoter who enters in to a contract on behalf of the company as agent before the incorporation of the company, then that person will become personally liable under the contract unless there is an agreement to the contrary entered into between the company and such person. However it is not possible that a contract between the company and the person can be entered into subsequent to the incorporation which makes the company liable on the contract. (IQS) Normally a pre-incorporation contract is an incomplete contract. It is incomplete because it doesn't specify the obligations of the different parties under the contract in case it was not possible to form the company. Similarly it doesn't state the remedy for the other party in case the company after incorporation is not able to perform. Three different rules can be adopted to resolve the situation: The Jiangsu Province Higher people's Court of China had promulgated certain decisions and passed on some opinions in the adjudication of certain types of company law cases that can be taken as guide lines for the determination of civil liabilities in the pre-incorporation contracts. According to the Higher People's Court, a 'company being incorporated' refers to an organization which is formed to carry out the acts necessary for the incorporation of the company. It can be assumed that its existence starts on the day on which the execution of the company constitution or incorporation agreement takes place and ends on the day on which the business certificate is issued to the company. In this context the 'necessary acts' implies the legal and economic acts done for the purposes of incorporating the company and complying with the requirements for the establishment of the company in the Company Law of the People's Republic of China. The Higher People's court had expressed the following remarks on the adjudication of certain company cases: Where a promoter does a necessary act for the incorporation of the company in the name of the company, the legal consequence of such an act shall be borne by the company. Where a promoter does a civil act unnecessary for the incorporation of the company, in the name of the company, the creditor may hold the promoter responsible for the consequential civil liability. When the company after incorporation ratifies the act of

Tuesday, October 29, 2019

New Balance Case study Essay Example for Free

New Balance Case study Essay Good Management structure e. g. Van Rooyen the general manager Wide range of products across every sporting category Functional technological design in terms of fit. Foot widths have been incorporated in the design of the shoe. This distinguishes/ differentiates New Balance product from its competitors. Brand has been kept affordable in terms of price Inspired well-taken care of employees who are performance driven because of the culture of the company Is established in many countries and has quite a big global footprint Good relationship with retailers. They have been accommodated and close bonds have been formed with them. Good marketing techniques, focussing on strategies that the major competition have neglected OPPORTUNITIES (in order of the most lucrative) Nowadays people wear sneakers for leisure/fashion purposes and New Balance could target that market. New balance could establish other lines within their range for Leisure or even high end market, kids market etc. Target the soccer/ black market ( new balance has made little advancement in this sector) New balance was places as number one in the trail category. They should ride this wave; sponsor the person who won in that category. Create branded/ concept stores South Africa has a strong sporting culture that the company could capitalise on ( Netball, court, walking), New Balance needs to have more market share in these sectors Advancement in technology and innovation. New balance has the opportunity to update its products and come up with new innovations to keep up and to penetrate the market. Make headway into the online retailing sector. There is a growing level of health awareness in the public and more people are leading an active lifestyle. This has led to more sales of the running/sports gear. And New Balance has an opportunity to grow. Sports has become a source of entertainment and therefore there is more demand for it, and an opportunity to grow within the market In South Africa particularly there has been large growth in the middle income sector, and that is an opening/ gap market for the company to target. More product lines. WEAKNESSES Limited product line. New Balance has focused mainly on running. However, the market has been shifting to not only include serious athletes, but it now also caters to the more fashion-oriented crowd. This crowd tends to be from the younger generation, the part of the population that New Balance has so far not been focusing on. New Balance needs to expand into new product areas and remain competitive in the changing market. Manufacturing costs. With its competitors outsourcing most of their manufacturing to other countries such as China, Nike, Adidas and Reebok have been able to cut their manufacturing costs significantly. New Balance on the other hand manufactures its shoes in the USA. Has to order stock from abroad. New Balance falls behind its other major competitors, Nike, Adidas and Reebok, in the area of marketing. Unlike its competitors, New Balance does not undertake celebrity endorsements. This puts them at a disadvantage when it comes to brand building. This also causes the company to be at a disadvantage on gaining awareness on a global scale and they lose out on publicity from major global events. Most global brand names generate strong brand recognition through celebrity endorsements in sporting events (e. g. soccer and rugby world cups) that would give them the needed momentum to carry their brand name further into the global market. The fact that new Balance has multiple widths also adds to the cost of manufacturing Van Rooyen’s statement of: ‘’not wanting the shoe to be a giant, but to become known as better’’. Bigger is better, the words are synonymous with each other; there is no need to sacrifice the one to have the other. The company can be both bigger and better. THREATS The sportswear industry is growing and becoming more competitive so the will be new producers and entries in the market with new ‘’aces up their sleeves’’. More competition in the market Sales on the technical running market have been on the decline according to (exhibit 1) in the New Balance Case Study, and this is New Balances’ stronghold. Becoming myopic and not scanning the periphery. Not seeing that there are gaps in the market and focussing mainly on running. Not considering fashion focussed brands such as Puma as competition. This is a myopic trait of assuming indispensability Summary Much of the strengths of New Balance lie in the quality of their product and the good relationships they have with their retailers/ distributers. Their weaknesses are in that they are too focussed on the functionality of product, whereas the market is constantly changing and they need to be evolving with the market. Opportunities lie in the diversification of the product and making it more contemporary. They also need to employ stronger marketing techniques. Question 2: Would you consider New Balance a niche player in the athletic footwear industry New balance is a niche player with regards to their marketing technique. They utilised niche marketing strategies that the bigger firms overlooked. 1. Van Rooyen chose to create awareness at smaller sports club levels e. g. life-saving clubs, rugby clubs and hockey clubs etc. Or doing in store promotions to create awareness about the shoes. These are clubs that the major competitors were not concentrating on, but rather focussing on big marathon races such as the Two Oceans and the Comrades. In store campaigns were a great way to connect with the customer personally. 2. Van Rooyen dedicated a big chunk of the company’s expenditure into the sponsoring of events. This gave the company a lot of exposure. These events ranged from the Total Sports Challenge’s Knysna Marathon, Surf Ski Series and school events. They also targeted top schools in South Africa that are well known for their cricketing, netball. And through this New Balance was on everyone’s mouth. 3. Another way they utilised in-store promotions was to assemble a Fit Tracks Machine, which is a foot scanner that advises a person which shoe product and size a new runner would need. This is a strategy the major brands were not using and this gave New Balance an edge above them, and it also marketed the functionality of their product. 4. Corporate branding and clothing. This is a growing gap in the market that the big giants weren’t focussing on. The opposition targeted soccer teams while NB went for the Army, air force, Police force. 5. Advertisements in running magazines. Other brands had stopped putting adverts in running magazines as this was costly. New Balance saw a gap and advertised in every single issue of Runner’s World Magazine. And this paid off to an extent that the competitors copied them and once more started advertising in athlete magazines. The above marketing strategies are typical concentrated (niche) target market strategies. Although the company did not suffer from limited resources, they chose this route because it was more effective and efficient for their brand. They had thorough knowledge of the market they were targeting (serious, technical sportsmen) and they used this knowledge to get their product into the market. Characteristics of niche targeting (pg. 11, Principles of Marketing Hand-outs): Strategic Factors Niche Targeting New Balance example Target Market One Narrowly defined consumer group Serious Athletes Distribution Carefully selected outlets. Few exclusive distribution New balance targeted independent retailers mostly ( big firms were not supplying these) and although they do supply big shops such as Edgars, Total Sports and such. The independent distributers make up a large portion of their share price Marketing Communication Specialised media e. g. specialised magazines The media strategy that New Balance chose to use was specialised in a sense that it wasn’t mass media and all over the place. They rather targeted specific sectors they wanted to make themselves known in. Sectors that other major players had neglected. Price One price range tailored to the consumer group. The entry level price for New balance ranges from R399-R599 where as for the competitors it ranged from R399-R1500 Strategy emphasis Appeal to one specific consumer group via highly specialised marketing programme New Balance’s appeal is to the serious athlete who prefers functionality over fashion. Their marketing programme (see numbered bullets above) was highly specialised and set them apart from competitors. Question 3: New Balance’s approach to segmenting the market New Balance’s market segmentation approach is that of a concentrated market strategy. New Balance’s segmentation approach is ‘functionality over fashion’. Therefore stressing the functionality of the shoe and targeting the technical sportsman is how New Balance ( pg. 5, New Balance Case Study) has segmented his market. New Balance has chosen this approach because of their: a. Product range/variability. They offer mainly specialized technical running shoes for professional sportsmen. b. Market variability, the market has various sectors but they have decided to target the specific market of running. c. Competitors marketing strategies. Their competitors are focussed on the larger chunks of the South African sporting market e. g. soccer Question 4: New Balance’s marketing mix Product New Balance offers technical running shoes for the serious athlete. They also have a wide range of products in every sporting category e. g. men’s footwear, trail walking, cross-training, court, children’s, soccer and athlesuire. Their product is differentiated from their competitors in that their shoes come in a form of multiple widths and lengths across all the product lines. In order to expand their product range and therefore have a larger customer base I would recommend New Balance: venture into the fashion/leisure market as there is a gap for them there create a line for the children’s market in future, get into the soccer / black market as that is one of the most popular sports in the country and demographically forms a larger part of South African sports players have a high-end line for the more exclusive market which, pricewise will be higher than the entry level of 399-599 that they currently have. New Balance also has the opportunity to do more research and development on their product and come up with other innovative technical features for their shoes. They could come up with other breakthrough technologies that will make them market leaders in speciality sportswear. Branding In branding their product, New Balance has taken an ‘’endorsed by no-one approach, which I believe works well with what the company stands for. There are pitfalls to having a celebrity or well-known sports star as the face of a brand as that places the brand’s image in the hands of one individual. A problem that has affected New Balance’s competition Nike in the recent months. New Balance has therefore kept their image of function over fashion and will be known for that . The company’s focus in on quality and performance which will therefore sell the brand. On the other hand it is good to note that the Michael Jordan and Nike collaboration brought about the world’s bestselling sneaker to date, and therefore meaningful endorsements can push the global image of the brand and give the brand and edge. New Balance could use the world’s best trail runner as the face of their trail category since they are the leading brand in that category. Price New Balances’ aim is to attain 38% to 40% margins and they therefore have kept the brand affordable at the price of R399-R599 for a new balance entry level shoe(pg. 3 New Balance Case study) . Considering that entry level shoes form the bulk of New Balance’s sales another strategy might be need. As mentioned earlier a new high-end line that is for the more exclusive target market can be made with the entry level shoes starting at a much higher price. The customers would be the kind of customers who associate price with quality, and functionality and prestige. The middle income market is growing in South Africa, and therefore with rising incomes people can afford more high-end products. Place New Balance’s retail strategy involved targeting independent sports stores that had been neglected by the their major competitors, these stores ended up making 36% of the company’s business while the bigger stores e. g. Edgar’s, Total sports etc. made the rest of the share. You could say that even their distribution technique was that of a ‘’niche’’ type of strategy, since they targeted what was bypassed by their major competitors. Opening braded shops in the weak areas like Namibia and ‘’keeping a low profile’’, is not a great move. I would recommend that new balance open branded shops in the cities as well. That’s where most activity and population density is, and also where the brand itself can showcase all the aspects of their brand and products that retailers cannot stock. They may be afraid of competing with their retailers, but I believe there is enough room for the retailers and New Balance concept stores to both thrive in the market without cancelling each other out. New Balance can also establish an online retailing system where consumers can order products directly online. Promotion Publicity New Balance has a good form of a public relations strategy to get the name of New Balance out there to the customers. . This infact, formed a big part of their strategy as they would sponsor events, and this made up a big part of their expenditure. This gave them a lot exposure through print media and television e. g. total sports challenge, school sporting events. Advertising New balance created awareness in smaller sports clubs and taking part bin promotions at shops. They also used direct marketing where they kept databases of their customer’s e. g runners in marathons and retailers and directly marketing their new products and events to them. They also advertised in magazines, and went the co-branding route to get their name out there. CHECK EXHIBITS AT THE BACK FOR RECOMMENDATIONS!!! Personal selling The instore campigns wre a graet way to establish a more personal relation ship and connect with the customer.

Sunday, October 27, 2019

The effects of smoking in the human body

The effects of smoking in the human body Hazardous Effects of Smoking on the Human Health Since modern people live and eat satisfactorily, they began to concern themselves more about their health. These days we frequently can see many male adults who are smoking. Moreover, the smoking rate of teenagers and women has lately been getting higher; thus, the problem becomes very serious. Although people know that smoking is bad and harmful, they seem difficult to quit smoking. People might not fully know negative effects of smoking. They must attempt to learn how horribly undermine their health while they are smoking. Once they understand the serious relation between smoking and its effects, then they would be more determined and easier to quit smoking with obtained knowledge for preventing smoking. Then what does smoking actually cause on human health, and how seriously appalling are its effects? Smoking causes various diseases such as chronic bronchitis and various kinds of cancer: lung cancer, larynx cancer, cancer of the esophagus, etc. Tobacco, which people smoke, is a toxic substance, and a main ingredient that causes the toxic is nicotine. This nicotine has a medical action which is similar to toxic substance such as a narcotic. When it is the first time to smoke or when a smoker smokes a lot, it gives various symptoms such as vomiting, giddiness, headaches, etc. by nicotine. Nicotine is very poisonous; therefore, if a humans body absorbs too much nicotine in their blood at once, most of the people die. The most important medical action of nicotine is a mental effect. Nicotine makes smokers feel a sense of mental stability and gives a sedative effect that helps to relieve the tension. Most of all, these medical actions of nicotine cause a habit which makes people smoke continually. The smoke of tobacco includes carbon monoxide; therefore, smokers could be in hypoxia, because the use rate of oxygen by smokers is much lower than the use rate of oxygen by nonsmokers. Smoking makes smokers feel headache, dizziness, and fatigue, makes eyes get flickering, gives a sense of vomiting, makes the heart beat faster, gives an oppressive feeling of the breast, and makes a smoker have difficulty in breathing, and even a state of stupor follows. If these states get worse, it gives a state of unconsciousness and finally makes people die. Smoking does not only give people these states, but it also causes various diseases: coronary heart disease, lung cancer, esophageal carcinoma, oral cancer, laryngeal cancer, kidney cancer, cervical cancer, pancreatic cancer, bladder cancer, et cetera. There is also the addiction of nicotine in tobacco. According to the Department of Health and Human Services in the United States, â€Å"Cigarettes and other forms of tobacco are addicting. Nicotine is the drug in tobacco that causes addiction. The pharmacologic and behavioral processes that determine tobacco addiction are similar to those that determine addiction to drugs such as heroin and cocaine.† It is obviously true that many smokers are having trouble quitting smoking even though many campaigns for smokers health are still going on. Only the reason why a lot of smokers keep smoking with the determination for quitting smoking is because nicotine gets their bodies addicted to smoking. As long as smokers are exposed to the addiction of nicotine, they would need more cigarettes to suffice for their impulse to smoking. However, people discovered that many of these toxic substances could be useful for medicinal purposes and also gave pleasure when consumed. The modern neuro-physiology has proven that nicotine is more effective when inhaled into the lungs. The smoke is mild enough to be inhaled deeply into the alveoli of the lungs from where it is rapidly absorbed. In addition, it takes about seven seconds for nicotine to be absorbed through the lungs to reach the brain. On the other hand, it takes 14 seconds for nicotine to travel from the arm to brain after an intravenous injection. Nicotine could unlock and combine with receptors throughout the body, thus it could activate other neurotransmitters, namely serotonine and dopamine. The small doses of nicotine could result to a sense of well-being while large doses may cause depression and overdoses may kill. Nicotine is highly addictive, as explained by West and Grunberg (as cited in Goodman, 1993), tobacco smoking could get regular and compulsive a nd the withdrawal syndrome usually accompanies tobacco abstinence. During the 1990s, the US Surgeon General reported that â€Å"smoking represents the most extensively documented cause of disease ever investigated in the history of biomedical research† (as cited in Goodman, 1993, p. 242). Passive smokers or second hand smokers are also affected since they also inhale the smoke. There are several studies linking human genes to nicotine addiction like the the Swedish and Finnish twin registries (Kaprio, Koskenvuo, Sarna, 1981) that support the conclusion of a significant contribution of genetic effects to smoking. Genes are the basic biological units of heredity and the segments of deoxyribonucleic acid (DNA) needed to contribute to a function. To make new proteins, the living cell uses the genetic code of the macromolecule DNA, which stores all the information about the sequence of amino acids in the cells proteins. The identity and position of each amino acid in the protein chain is coded by nucleotides on the DNA, called codons. Among the numerous neurochemical effects of nicotine is its initial action on the nicotinic cholinergic receptors. Nicotine produces an increase in the rate of release and turnover of acetylcholine and catecholamines. It has been hypothesized that nicotine enhances the experience of pleasure through its effects on the dopaminergic system, while its ability to reduce anxiety and tension is mediated through stimulation of ACTH and cortisol; nicotines ability to enhance task performance may be due principally to its action on the cholinergic and noradrenergic pathways (Pomerleau Pomerleau, 1984). This only shows that it is possible that gene variants play a role in receptor functioning in one or more of the systems on which nicotine exerts an effect. In a research conducted by Tapper, et al. (as cited in Secko,2005), they discovered that a â€Å"mutation in the ÃŽ ±4 nAChR subunit lowers the threshold of nicotine dependence in mice† (p. 175). The same article implicates that ÃŽ ±4 and ÃŽ ²2 nAChR subunits could affect nicotine dependence. One of the disadvantages of the relationship of gene variance and nicotine addiction is the heterogeneity of human beings. Thus, genetic make-up of every human is different from each other. Also, the genetic influences on different stages of smoking may also not be identical. Thus, researchers have to study well-defined subgroups of smokers with clearly characterized phenotypes to avoid problems of population stratification. The advantages of the new findings regarding the relationship of gene variance and nicotine addiction is that as more genetic variations are discovered that are associated with the addiction, the medical field would be able to better understand how to prevent and treat human addictive disorders. The insights on genetic variance could contribute to more effective strategies to reduce smoking. Moreover, since there is no single medication that is likely to be safe and efficacious for a majority of persons with nicotine dependence, it will be useful to develop gene tics-based methods and other tools to predict therapeutic response in subgroups of nicotine-dependent persons. Female smokers do harm to embryonic health, and smokers cause nonsmokers to inhale indirect smoking, which causes damage similar to smoking, by breathing in the smoke made by smokers. In addition, teenage smoking is very bad, because smoking is more harmful for teenagers, and starting smoking at teenage makes it easier to fall deeper into toxic symptoms of nicotine. Teenage smoking is connected to juvenile delinquency and also is causing serious effects to emotional and social problems. The problem of smoking is this serious; however, as the time goes, the population increases, and as the population increases, the smoking quantity increases. In order to solve this problem, there is one method always suggested: people must stop smoking for themselves and others. Smokers have to know the reason why they smoke, so they could take on other habits or other work instead of smoking. References Goodman, J. (1993). Tobacco in History: The Cultures of Dependence. London and New York: Routledge. Kaprio J, Koskenvuo M, Sarna S. (1981). Cigarette smoking, use of alcohol, and leisure time physical activity among same-sexed adult male twins. In L. Gedda, P. Parise, W. E. Nance (Eds.), Twin Research 3: Part C, Epidemiological and Clinical Studies (pp. 37-46). New York: Liss. McGee, H. (1986) On Food and Cooking. The Science and Lore of the Kitchen. London: HarperCollins. Pomerleau, O. F. Pomerleau C. S. (1984). Neuroregulators and the reinforcement of smoking: towards a biobehavioral explanation. Neuroscience and Biobehavioral Reviews, 8, 503-513. Secko, D. (2005). Craving nicotine: Its in the genes. Canadian Medical Association Journal, 172 (2), 175-176.

Friday, October 25, 2019

The Impressionist Movement :: essays research papers fc

  Ã‚  Ã‚  Ã‚  Ã‚  Impressionism was a movement that occurred in both art and poetry. It was a time in which the people broke from the traditional standards or styles. They wanted to bring new ways of expressing their ideas to their societies. These ideas were seen through subjects of interest, such as art and poetry. Claude Monet’s Woman with a Parasol: Madame Monet and Her Son and William Butler Yeats’s â€Å"The Wild Swans at Coole† both characterize important aspects of the Impressionist Age.   Ã‚  Ã‚  Ã‚  Ã‚  The word â€Å"impressionism† is mostly associated with the artistic movement. The first time this term was used with reference to art was when one writer was speaking of a painting by Claude Monet, called Impression: Sunrise (1872, Musee Marmottan, Paris). The term was first officially used in 1877 (â€Å"Impressionism†). The artists of this movement were characterized as impressionists because of their simplified works (â€Å"Monet, Claude Oscar†). They were part of a group in which the artists shared similar styles and techniques between 1867 and 1886. Some of the important artists were Monet, Renoir, Pisarro, Sisley, Morisot, as well as a few others (Pioch). Monet and Renoir both painted scenes of La Grenouillere. Their work signified the beginning of this new age of art (Mataev). The Impressionist Movement grew because these painters wanted a different style, a new technique, and paintings with more unique subjects. The popular paintings of the time were all approved by the Academie des Beaux Arts. The standard type of paintings that were most commonly approved included a scale of tones for forming shapes and blacks and browns for making shadows. These classical paintings were realistic, usually of scenes indoors. Impressionists turned from this traditional art and began to paint their subjects outside, using unarranged light. These paintings were more spur-of-the-moment type, and appeared less realistically (â€Å"Impressionism†). There are certain characteristics that set impressionist art apart from all other styles of art.   Ã‚  Ã‚  Ã‚  Ã‚  Impressionists, both in art and poetry, portrayed great images of their subjects by using their styles or techniques. They often captured scenes with vivid color, with great light effects, and with motion (Sporre 525). The impressionist painters tried to view their subjects not as what they really were, but as different areas of color, shapes and light. They commonly used quick, free brush strokes of non-detailed spots of color. This method created a lively appearance (Sporre 527). Impressionists did not mix their colors, as the earlier artists had done.

Thursday, October 24, 2019

Mr Birling and Sheila Essay

The play is about a middle to upper-class family, the Birlings, who lived in a town called Brumley. Its is based on a girl, Eva, who had commit suicide by drinking disinfectant. An Inspector who goes by the name of â€Å"Inspector Goole† had come to the Birlings house to investigate why Eva had committed suicide. It turns out that none of the members of the Birling family had committed a real crime but they had all driven her to suicide in some way. The moral of the play is to judge their consciences and there by our consciences to make us work together as â€Å"members of one body. † Two characters represent the historical context are Mr Birling and Sheila. At the end of the play they show opposite poles of society. Mr Birling represents the older generation that has held on to values of years and years back. Mr Birling is an ex-mayor, father of the family, a factory owner and he’s earned a knight hood. Sheila is Mr Birling’s daughter. She is also pompous. Sheila represents the innocent one in society and the future and present generation. At the beginning of the play the Birlings all appear like Mr Birling in there believes that they should all be individuals and not care about the rest of the community. This was because they were an upper class family. Mr Birling and Sheila portray the political theme of community and the individual. Priestly believes that we need to be responsible so that we can look after each other, we will not survive as individuals if we don’t work together. Priestly voices his opinions through the character of the Inspector. † But just remember this. One Eva Smith has gone – but there are millions and millions and millions of Eva Smiths and John Smiths still left with us. † This represents the moral of the play. Mr Birling and Sheila abuse the power, this causing Eva’s death. Mr Birling has power over Eva and when he thinks that Eva does not respect him and asks for a raise he uses his power to sack Eva. Sheila also uses her power to get Eva dismissed from Millwards. Because she is rich and spends a lot of money at the shop the managers respect her. If she is not happy there she won’t shop there and the company shall lose a lot of money. So because of Eva not making Sheila feel welcome at Millwards Sheila is unhappy. She then tells the manager that she shall no longer be shopping there unless Eva is dismissed. With that Eva gets dismissed because the company can’t afford to lose the Birlings. Mr Birling represents the older generation, showing us that society at the time was divided into different social classes, the upper, the middle, and the lower class. The upper class had no respect for the lower class and this shows during the play. When speaking about Eva trying to negotiate a higher wage for herself, Mr Birling says, â€Å"I’m talking as a hard headed practical man of business. † This is evidence that Mr Birling has no respect and feelings for the lower class, as he doesn’t care whether Eva has a larger income or not. Mr Birling is only concerned about keeping the wage bill as small as possible. That quote also shows the pompous side of him.

Wednesday, October 23, 2019

Evaluate the idea that class conflict is on the decline in contemporary France, paying particular attention to the strikes of winter 1995

Evaluate the idea that class conflict is on the decline in contemporary France, paying particular attention to the strikes of winter 1995. Abstract: Evaluate the idea that class conflict is on the decline in contemporary France, paying particular attention to the strikes of winter 1995. A critical evaluation into the decline of class conflict in contemporary France requires an in-depth analysis into the various political and economic subject areas which surround the issue of class struggle. The main objective of this paper is to discuss declination of class conflict in France and to discuss the significance of the 1995 winter strikes. A conclusion is to be reached after a thorough but concise assessment of this movement and its effects on French class struggles. In order to evaluate this issue there must be a thorough understanding of French political culture in the years post World War II, together with a comprehensive understanding of the specific events and movements that led to an alleged decline. The implication of European integration and French economy must also be understood, as well as the relation of this movement to the values of the left in France compared to that of the right. To initiate this evaluation, one of the factors that must be taken into consideration is France's volatile political culture. One could describe French culture as volatile, because of the numerous changes the French political system has undertaken over the last century. Some may suggest that they are still suffering from teething problems of a relatively new republic and the episodes of 1995 and the elections of 2002 still prove that the French are a nation who are susceptible to political issues they feel may blur their traditional way of living. One of the arguments brought forward is that the strikes of 1995 were ‘fundamentally sectional stemming from national fragmentation and French nationalism than any vision of a different future.'1. This is to be discussed in this paper, along with the factors of, economic change in France due to the conditions of the Maastricht treaty; trade unionism and socialism vs. liberalism in relation to the strikes. Firstly, when mentioned the consensual perception of class conflict tends to be based on the proletariat vs. the bourgeoisie. An old argument that has filtered through to contemporary politics via social and hierarchical structures that were originally discussed by Karl Marx. The question in hand asks one to look at a possible decline of class conflict in France. However some would argue that it still remains in France, just not as explicitly as before. Nonetheless the aim here is exploit literature and modern thought to suggest that it has. A classic definition of class conflict can be found in the ‘Communist manifesto' Freeman and slave, patrician and plebeian, lord and serf, guild-master and journeyman, in a word, oppressor and oppressed, stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open fight, a fight that each time ended, either in a revolutionary reconstitution of society at large, or in the common ruin of the contending classes.2 For Marx and Engels, class conflict or class warfare as it is described by Marxists, surrounded the notion of two main classes. This can be seen in the fragment ‘oppressor and oppressed' and the coupling of the descriptive terms, the bourgeoisie were the ruling class and the proletariat were seen as the submissive class with little or no control over production. In the case of the France in 1995, these two classes can be identified as Jacques Chirac and his government taking on the role as the bourgeoisie and the numerous activist workers taking on the role as the proletariat. Here it can be discussed that the view of a socio-political imbalance between those with excessive wealth and those with little wealth is a common thought amongst Marxist's, but arguably a concept that is declining in contemporary French politics. However, looking back on French politics in the last 50 years, is there sufficient evidence to support this notion? The role of political culture is imperative in this discussion and often gives reason to the actions of the masses under a system of rule by the elites. The political culture of France has an almost unforgiving tradition of being conflictual alongside a highly activist nature, using previous strikes in 1935 and 1968 as examples. The division in political ideologies into the left and right, arguably goes back to the French Revolution and continues to remain an important characteristic in the contemporary arena. Consensus often has been reached by uniting behind a strong, charismatic leader, de Gaulle is the prime example here, only to be lost when the leader dies or goes into disfavour. Cycles of consensus followed by alienation seem to be typical of the French political culture.3 While there is admiration for the French nation, language and culture, there are also continuing disagreements caused by these traditions. Division over the meaning of these universal symbols leads to political, ideological and partisan fragmentation. The French seem to combine a distrust of politicians and the political system with a devotion to political s truggle.4 It becomes apparent that the issue of class struggle was once again thrown into the centre of the French political agenda, because of the essential ‘reform' that France needed in order to progress as an intergratable nation state, in relation to the EU. The ‘sà ¯Ã‚ ¿Ã‚ ½cu' otherwise known as the social security plan devised by then French Premier Alain Juppà ¯Ã‚ ¿Ã‚ ½ , was received by the public sector workers, with resentment and anger, with the consensual feeling amongst academics and French citizens that EU criteria for satisfactory budget deficit, was the driving force behind the 1995 strikes. This plan coupled with the tradition and characteristics of French political culture have been blamed for the uprising of 1995 and the discontent of the French nationals that was witnessed all over the globe. However just how ‘essential' was this reform by freshly elected Premier Juppà ¯Ã‚ ¿Ã‚ ½? The proposed reforms, were all but too far for the French working class, from the proposals of an increase in work before pension entitlement to the taxation programs suggested, the French working class felt they were being victimised by a bourgeois government, echoing the previous period of revolt in 1968. By introducing such an austere program it put the new right wing government in a bad situation, which would ultimately, lead the way for devastating repercussions. Nonetheless, this set of measures was seen as crucial for reassuring the foreign exchange markets that France would be able to stick to the Maastricht timetable. However, these plans were obviously not essential enough for the 5 million citizens that protested against it. Of course, if an individual or a section of society feels that government plans are not in their best interests and will effectively jeopardise their current position, why shouldn't they protest? However it is this type of attitude that have led some to describe the French nationals as being sectionalist and backward looking. By using this sectionalist argument in favour of declination, Tony Adreani comments that we are witnessing the disappearance of major social conflicts, the decline of revolutionary ideologies, the replacement of class struggles with single issue and sectoral movements and a general pacification of society'6. However this comment was made two years before the 1995 uprising which in turn, proves Adreani theory as unfounded in this case. Expanding on this further, it could be suggested that France needed such harsh reform in order to move forward with European integration. The Juppà ¯Ã‚ ¿Ã‚ ½ plan threatened to sacrifice short term discontent for long term prosperity, unfortunately using proposed tactics that were unfavourable to those from the lower classes. Thus, igniting the issues of class struggle once again. By introducing such a plan a perception was drawn that the elites are too far removed from the lives of the ordinary French citizen. At this point of the discussion it can be suggested that one may find difficulty in arguing that class decline is present, but class consciousness in fact, is increasing as France becomes more fragmented. On the other hand, it could be suggested that class decline was present because of the handling of the situation by the lower class. With one of the original definitions of the proletariat being unable to control the means of production and in order to survive they must sell their labour to capitalists. It becomes apparent from these strikes that the workers who protested, have realised their rights to be treated equally and their activism was a direct attack on the government and its ideals. Rather than the working class, settling for reform, they protested to protect their privileges. To strengthen this argument, the participation in each mobilisation and the support that it received from intellectuals increased the feeling of a unified state. These factors give foundation for the argument, in the sense that the lower classes would not let the ruling class exploit their powers over them anymore. Although the strike did not involve the private sector, there was enough disruption to immobilise the French economy and force the governments to negotiate with the workers, through the trade unions. Which leads to the next point of evaluation, the role of the trade unions. The unions play a role of incredible complexity in the movement of 1995. The values of the Left in France, embrace trade unionism and working classes and in a majority of democratic states, the role of mediator between governments and workers should theoretically provide a democratic and logical way of fusing the ideologies and interests between organised workers and the employing classes and attempt to blur the struggles between them. Trade unionism participation in France is a reflection of the political culture, volatile and susceptible to change. In fact coexistence of more than one union within the same occupation is a fundamental feature of French trade unionism. Which may explain the low level of trade union membership, due to the overwhelming amount of choice. However, although the Juppà ¯Ã‚ ¿Ã‚ ½ plan involved the reorganisation of a large part of the public sector, the unions were not consulted. The undermining behaviour of Juppà ¯Ã‚ ¿Ã‚ ½ towards the unions, only fuelled the tension between the governments and the unions, which proved to be a catalyst for the resurrection of class struggle. This move by Juppe, saw the unions questioning their role as partners to the government. The influences of the masses are epitomised by the 1995 French strikes. Illustrated by the way the government tried in vain to stop these strikes, the CGT and the FO would not back down until they were absolutely sure of withdrawal of the welfare reform plan. However, not all unions were united on the movement, as Chris Harman argues, ‘ union bureaucracies always try to end mass strike movements when they go beyond a certain point†¦ Political issues are raised and that requires the sort of political response that the trade union bureaucracy is incapable of making'7 From this, it can be argued that the barriers of political negotiation can be described as a restrictive mechanism for the working class against the elites. In direct relation to class, trade unions can be described as the basic organisation of the lower class which are â€Å"not only a natural, but also an essential phenomenon under capitalism and†¦ an extremely important means for organising the working class in its daily struggle against capital and for the abolition of wage-labour†. But once established, the trade unions cannot confine their sphere of activity to economic demands, but inevitably tend to move into the political plane8. This has been proved by the negotiations which took place after the government backed down. However the governments tend to have the upper hand when political negotiation is involved. Here, what is involved is not the occasional struggles of individual groups of workers against their employers, but the struggle of the proletariat as a whole against the bourgeoisie as a class, and its state. In conclusion, the winter strikes of 1995 had a profound effect on the consciousness of the working class in France. The social upheaval that lasted for five weeks involving hundreds of thousands of workers was undoubtedly the highest expression of the class struggle in France since the revolutionary crisis of 1968. The ruling class only narrowly avoided an extension of the strike to the private sector, in which case the movement could have rapidly assumed a pre-revolutionary character. Indeed, it was the growing threat of such a development, in spite of the treacherous role of the trade union leaders, which eventually forced the Juppà ¯Ã‚ ¿Ã‚ ½ government into an embarrassing retreat.9 The radicalisation of the working class as a whole was an awakening of a formerly immobile section of society and the shift of middle class and rural opinion to the left all indicate that French society is hurtling towards a new confrontation between the classes. Which finally leads to a conclusive disagreement that class conflict is on the decline. The factors assessed above hold far too much substance to be dismissed and for all classes to come together as a united front. The elites and the working class, will remain apart until there is a common political and ideological consensus, amongst all parties involved.