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"The Literal method is now completely out of date. It has been replaced by the approach which Lord Diplock described as 'purposive' approach … In all cases now in the interpretation of statutes we adopt such a construction as will 'promote the general legislative purpose underlying the provision' "

Per Lord Denning MR in Nothman v London Borough of Barnet [178] 1 All ER 14, 146.

Discuss the above statement, with references to decided cases.

Introduction

Cheap University Papers on "The Literal method is now completely out of date. It has been replaced by the approach which Lord Diplock described as 'purposive' approach … In all cases now in the interpretation of statutes we adopt such a construction as will 'promote the general leg

Lord Denning's statement above has been a contentious one and has led to many debates in the legal environment. The main issue in the above statement is one of Statutory Interpretation and Parliamentary Sovereignty. Various methods, rules, approaches and practices are used to interpret legislation. There is nothing unusual in the process of interpretation as it is the ordinary function of the courts to give meaning to statutory provisions.[1] However when the wording used in a statute is not clear this leads to problems. These problems are then left to the Judges to determine.

In order to understand the various problems the Judges face in interpreting statutory provision, these 'problems' will be described briefly. Particular attention will be given to the literal method and the purposive approach. Subsequently, I will also very briefly describe other methods or 'tools' of interpretation briefly so as to provide a clear overview of Statutory Interpretation. The role of judges will be discussed as well.

In matters of statutory interpretation, the strict constitutional view is that the role of a judge is interpretive only. The role of the judges in relation to statutes is to interpret them. This means that they have to give meaning to the words used in the statutes. If there are any uncertainties or ambiguities in the words used to interpret the statute it is the judges function to resolve the uncertainties and ambiguities. The question that has to be addressed is the boundaries within which judges should remain in order to interpret statutes sensibly whilst at the same time accepting the fact that Parliament is the supreme law making body.

The English language is such that even Englishmen who are highly experienced lawyers, known as Parliamentary Counsel find it very difficult to construct a whole piece of legislation without some ambiguity in its wordings. Particular problems that can arise are now discussed below first.

Problems

Ambiguity in a statute can arise when a word used can have two or more meanings. By using an ambiguous word, the person or persons (draftsman) may give a statute a meaning opposite to that which Parliament intended. For example, in Fisher v Bell [161] 1 QB 4, under the Section 1 of Restriction of Offensive Weapons Act 15 it was an offence to 'offer for sale' an offensive weapon. The defendant had displayed flick-knifes for sale in his shop-window. He was charged with offering these for sale. However, in contract law when goods are displayed in a shop, they are not in fact being offered for sale but are an 'invitation to treat'. The defendant, therefore had not committed an offence. The purpose of the Act had been defeated by careless drafting.

Even unambiguous words may need interpretation as in Section (1) of the Race Relations Act 176. Section of the Act (as amended) provides

(1) A person who knowingly aids another person to do an act made unlawful by this Act shall be treated for the purposes of this Act as himself doing an unlawful act of the like description."

In Anyanwu v South Bank Student Union [001] UKHL 14 HL a student alleged that the university aided the students union in dismissing him from his job in the union. This appeal was decided on the correct interpretation and application of the word "aids". Similarly in the case of Hallam v Chletenham BC [001] UKHL 15 HL the case was also decided on the interpretation of the word "aids". It was held that this word means to actively and closely be involved with another party to carryout an act and not merely to induce someone to carry out some act. This interpretation shows the degree to which courts sometimes go to reach decisions even when on the face of it there seems to be no ambiguity.

Words are also capable of having a broad meaning such as in Section 1 of Dangerous Dogs Act 11

"controls the possession, disposal and breeding of dogs of the type known as pit bull terriers."

Here the intention of Parliament was to control Pit Bull terriers only. However it caused problems in the case of Knightsbridge Crown Court Ex Parte Dunne [14] 1 WLR 6. Here, the Court held that the word 'type' can apply to dogs possessing a substantial number of the characteristics of Pit Bull terriers, for example Rottweilers or Pit Bull/Staffordshire cross breeds and similar breeds. So, unintentionally, other dogs were caught up in the Act's provisions.

Errors in drafting have also been known to happen. These problems arise where the Parliamentary Counsel makes a mistake that was overlooked as the Bill passed through its Parliamentary stages. In Inco Europe Ltd v First Choice Distribution and Others (000) AER 10 HL, In this case a contract for the sale of nickel that was the subject of an arbitration agreement between the parties. In Section of Arbitration Act 16 it stated that a 'party to an arbitration agreement against whom legal proceedings are brought…may…apply to the court…to stay the proceedings…'. The defendant company applied to stay the proceedings so that it could proceed to arbitration. The application was refused because the judge declared that the arbitration agreement was not valid. The question was whether the defendant company could appeal to the Court of Appeal against the decision. The draftsman should have provided for a right of appeal but he was silent on the point. It was held that the Court of Appeal did have jurisdiction. Lord Nicholls stated that 'something went awry in the drafting'; that the draftsman had 'slipped up'.

There are examples of statutory provisions that have been drafted so badly, such as S16()(a) of the Theft Act 178 that in R v Royle [171] AER 15 Edmund Davies LJ at 16 referred to it as 'a judicial nightmare' which finally replaced by an entirely new Act The Theft Act 178.

Advances in technology can also lead to situations where old Acts of Parliament do not cover current situations. In Royal College Of Nursing Of The United Kingdom v Department Of Health & Social Security (181) 1 AER 545 HL. Here, Section 1(1) of the Abortion Act 167 was considered. The relevant part states that 'a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner…'. in other words, a doctor. The point here was that medical technology had developed to such an extent that essentially a nurse could perform the termination, and the House of Lords interpreted Section 1(1) of the Act to mean that a termination which involve nurses playing a substantial role is acceptable provided that a registered medical practitioner accepts responsibility. Therefore essentially, a doctor nowadays need not even be present at a termination.

Changing times and situations can also lead to problems. In Gough V Avon And Somerset PLB [00] EWHC 658 DC the local magistrates had been compelled to deny the applicant licensee an extension to his pub drinking hours during the World Cup 00 because previous court decisions (precedent) indicated that the World Cup was not a 'special occasion'. However due to the high level of current interest in the game of football in the country, on appeal, the decision was reversed with the court re-interpreting the World Cup as a 'special occasion'. This ruling has now become applicable to include the All England Lawn Tennis Championships.[]

Definition of Literal Rule

Having looked at problems which can arise we now turn to the rules which are used to interpret the statutory provision. In reaching their conclusions on the wording of an Act, traditionally judges use to impose on themselves a ban on looking at the Parliamentary debates which preceded the Act. The words of the Act itself are the only guide the judges allow themselves to the meaning and purpose of the legislation. The literal rule requires judges to interpret the Act according to the ordinary, literal and grammatical meaning of the words which are used. If the words are capable of only one literal meaning then this is the meaning that must be given to them even though this obviously goes against the intention of the Act. In other words, in using the literal rule the court is applying the presumption that Parliament means what it says and says what it means. Therefore the outcome must reflect only the ordinary literal meaning of the words used in the statute.

Arguments stating that Literal Method is out of Date

In Pinner v Everett [16], Lord Reid said that judges should look at the 'natural and ordinary meaning of that word or phrase in its context in the statute'. In R v Judge Of The City Of London Court [188], Lord Esher said, 'If the words of an Act are clear, you must follow them even though they lead to a manifest absurdity. The court has nothing to do with the question of whether the legislator has committed an absurdity'. This was the line of reasoning for a very long time but this line of reasoning and thought has essentially fallen into disrepute and the courts will go to great lengths not to achieve absurd results. FISHER v BELL (above) is a very good example of the literal rule in operation.

Before progressing to the discussion on the Purposive approach it is worthwhile to look at the Golden Rule. It is applied in cases where the plain meaning of the words produces a 'manifest absurdity'. In Grey v Pearson (1857) 6 HL Cas 61, Parke B said

'… the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid the absurdity and inconsistency but no further'

In ADLER v GEORGE (164) QB 7, words were added to a statute in order to avoid an absurdity and gain a conviction. The defendant was in a prohibited airbase and had obstructed a member of HM Forces. He was charged under Section of the Official Secrets Act 10 for so doing. The section states that 'No person in the vicinity of any prohibited place shall obstruct…any member of Her Majesty's forces'. The defendant was not 'in the vicinity' of the airbase - he was actually in the airbase; however the court held that the phrase 'in the vicinity of' was to be interpreted as 'in or in the vicinity of' so the defendant's obstruction could constitute an offence under the section. The Golden Rule is proof that an alternative was required to the literal rule, however it still had its limitations.

Definition of Purposive Approach

The Mischief Rule, which leads to the purposive approach, departs from the two rules above as it does not only look at the words of the statute but also at the purpose for which Parliament enacted the statute. Heydon's Case 1584 establishes a rule that permits judges to interpret a statute quite widely where the intention of the statute has been to put an end to some mischief. To do this, the judge should have consideration to(1) what the law was before the statute was passed; () the 'mischief' that the statute was trying to remedy; and () what remedy Parliament was attempting to provide and (4) the true reason of the remedy.

The limits of this rule have never been laid out, though in Jones v Wrotham Park Settled Estates (180) Hl, Lord Diplock laid out three circumstances where it may apply.

(1) If it is possible to determine from the Act the precise mischief that the Act was to remedy;

() if it was an accident that the mischief had not been resolved by the Act's literal meaning; and

() if it is possible to say with certainty what additional words would have been inserted by draftsmen and approved by Parliament.

This approach has found favour in modern times. It looks at the intention or purpose of Parliament and is known as the purposive approach.

Arguments that support the use of the purposive approach

In Smith v Hughes (160) 1 WLR 80 an offence under section 1 Street Offences Act 15 was involved. The 'mischief' this Act was trying to control was that of prostitutes openly soliciting customers in the street. Here, section 1 of the Act provided that it was 'an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution'. The prostitute was sitting in a house and tapping on a window to attract the attention of men walking by. The court decided that the aim of the Act was to enable people to walk along the street without being solicited and even though the prostitute was not in the street herself, the Act should be interpreted to include this activity. Under the literal rule the prostitute would most likely not be convicted and therefore would have by passed the actual intention of the Act and Parliament.

Eastbourne BC v Stirling [000] LTL C010011 - CA, where the forecourt of a railway station (which was private land) was nevertheless held to be a street within the meaning of the Town Police Clauses Act 1847. The Act prohibited the 'plying for hire' of unlicensed hackney carriages (taxis) - the mischief, if you like - and accordingly a taxi parked up in the forecourt, waiting for customers, was plying for hire and should have been licensed. Here again the intention of the Act and Parliament was incorporated into the decision by the Judges in order to make the Act effective..

In Notham v London Borough of Barnet [178] 1 All ER 14 Lord Denning declared that the 'literal method is now completely out of date'. In this case regarding unfair dismissal the point of contention was the word 'normal retiring age'. Here Miss Notham who was a teacher had a contract that stated she was to retire at the age of 65 but was terminated at when she was 61. At the Employment Tribunal it was contended by the employers that the age limit of 60 years should be applied for retirement as prescribed by law and therefore she was not entitled to claim unfair dismissal as only those below 60 were allowed to go to the employment tribunal and also that there was no normal retiring age for teachers who in practise retired at all ages. Miss Notham's case was dismissed and she appealed on the issue of 'normal retirement age'.

It was held by Lord Denning that the expression 'normal retiring age' meant the age at which the employment contract stated, that is 65 despite the wordings in the Trade Union and Labour Relations Act 174, Sch 1 para 10(b). He further went on to say that

'… the judges can and should use their good sense to remedy it, by reading words in if necessary, so as to do what Parliament would have done had they had the situation in mind.'

The Employment Tribunal in Miss Notham's case acknowledged that their judgment was unjust. However they felt compelled to make a decision they did not agree with. They stated that

'… Clearly someone has a duty to do something about this absurd and unjust situation. It may well be, however, that there is nothing we can do about it. We are bound to apply provisions of an Act of Parliament however absurd, out of date and unfair they appear to be. The duty of making or altering the law is the function of parliament and is not, as many persons seem to imagine, the privilege of the judges or judicial tribunals.'

This statement very clearly means that the literal rule was used by the tribunal even though they realised the unjust outcome. In response to the above statement Lord Denning used unusually strong language to repudiate it by stating

'Faced with injustice, the judges are, it is said, impotent, incapable and sterile'

Although Lord Denning is well noted for using strong language, this statement is even more strongly worded then usual.

The Law Commission in 167 made suggestions for the reform of statutory interpretation and suggested (1) that more liberal use should be made of the internal and external aids; and () in the event of ambiguity, the construction which best promoted the 'legislative purpose' should be adopted - i.e. they favoured the purposive approach.

The Renton Committee (UK) in 17 suggested that there should be a move towards a more European way of drafting which in itself this would lead to purposive interpretation. European Law now has had an impact on statutory interpretation in England, as it was held in Marleasing SA v La Comercial Internacional De Alimentacion SA (Case C-106/8) [10] ECR I-415 that where national courts have to interpret national law in a field governed by European Union law, they must interpret that law in the light of the wording and purpose of the Community legislation, so far as it is possible for them to do so. Therefore to a large extent whether the literal or purposive approach should be used or not seems to be answered already as far as English Law is concerned.

Other Rules

There are several other methods which are also used. External aids, such as The Interpretation Act 178 which provides some basic rules such as reference to male includes female and singular includes plural unless otherwise stated. Dictionaries are occasionally used but their use has also been rejected. Law Commission or Royal Commission Reports although prohibited from being used are occasionally allowed if the aim of the report was to remedy the Act of Parliament in question.

Reports from Parliamentary debates (Hansard) were for a very long time absolutely not allowed to be used to assist the judges in their interpretation of statutory provision. However in Pepper v Hart [1] 1 AER 4 the House of Lords decided that it was acceptable in certain circumstances to relax this rule. In Davis v Johnson [17] AC 64 HL, Lord Denning said that not to use Hansard 'would be to grope around in the dark for the meaning of an Act without switching the light on'.

Internal Aids such as reading the entire Act to gather its purpose is allowed. The Titles (short & long), Schedules and Preambles of an Act can mostly be used to assist in the interpretation process. All these aids to interpretation are available to

Conclusions

It is very clear that Parliament is the only body that is entitled to create legislation and is the originator of all legislation, however it can be said that it is the courts which 'breaths life' into the Acts of Parliament due to the fact that the courts are the ones which apply and interprets the law.

The purposive approach should be used if equity and justice is meant to be the outcome. A strict adherence to the words used without regard to unjust outcomes and absurdities would lead to a lack of confidence in the judicial process by businesses and the public at large. Absurd and unjust outcomes lead to uncertainties and therefore also affect the standing of the judiciary and deviates from the purpose for which it is set up.

In conclusion, the purposive approach, if applied cautiously, should be used by Judges and should be seen as a positive development in the evolution of justice. The Judges by using the purposive approach are playing a supportive role to the supremacy of Parliament and do not 'take over' the role of lawmakers. This conclusion is supported by Lord Denning's statement in Magor and St. Mellons v Newport Borough Council (15) AC 180 HL

'We do not sit here to pull the language of Parliament to pieces and make nonsense of it. We sit here to find out the intention of Parliament and carry it out and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis' (i.e. by applying the literal rule, one has destroyed the intention of Parliament).

Therefore the credibility and supremacy of Parliament is actually enhanced by the use of the purposive approach and it is the correct approach due to the fact that Judges are positively assisting Parliament to reach the desired and equitable outcome.

Footnotes

[1] English and European Legal Systems (nd Edition 001) Editor Judith Evans Old Bailey Press Page 4.

[] www.lglf.org/download/doc/EC.doc

Bibliography

English and European Legal Systems (nd Edition 001) Editor Judith Evans Old Bailey Press

http//www.e-lawstudent.com

Walker & Walker's English Legal System Eighth Edition Richard Ward 18 Butterworths

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Executive Summary

ComSec is a Strategic Business Unit of the Commonwealth Bank of Australia (CBA) and are currently the largest stock trading broker operating in the Australian discount market.

However, their high market share is under attack from CBAs three major competitors and estimates suggest that without any action, ComSec¡¦s market share will drop from 4% to around 0% in the next three years.

If ComSec is to retain their high market share they need to differentiate themselves from their main competitors and discourage any overseas players that are considering entering the Australian market.

Write your Marketing - ComSec research paper

The current business position of ComSec and the rapidly expanding market size suggests that ComSec use aggressive external marketing strategies to preserve their high market share.

Suggestions of strategies include ComSec buying out a leading ¡¥full service¡¦ Australian brokerage and also forming strategic partnerships with European and Japanese traders.

This will enable ComSec to offer a full global service to Australia and overseas customers by creating access channels to and from all major global share markets and also gaining the capabilities and skills needed to operate in all segments of the stock trading market and not just the discount segment.

The new and higher quality services could then be offered to ComSec customers on a tiered fee paying basis as and when needed whilst still retaining the no frills discount trades.

Internally, ComSec have a need to promote the use of the on-line trading facility ahead of the telephone facility, so increasing the profit margins of the discount market.

Situation Analysis

Where are we now?

Commonwealth Securities Limited (ComSec) is a subsidiary of the CBA of Australia. They provide access to the investment markets of Australia, North America and Hong Kong by offering no frill discounted brokerage service to over 600,000 registered clients of which 150,000 use on-line services and 50,000 use telephone services.

Following the installation of ¡§straight through software¡¦ ComSec¡¦s internet trading is now a high quality service that should enable growth within this sector resulting in lower operating costs for ComSec.

Their market share is currently around 6.6% of all AXA share transactions and 4% of all ¡¥on-line¡¦ share transactions making them the No. 1 broker in terms of volume of transactions. However, their total dollar value of transactions is someway behind their full brokerage service competitors who tend to target high investment customers.

Since operations commenced in 15, ComSec have successfully segmented to market using a behavioural strategy to create a niche ¡¥discount brokerage market¡¦ aimed at lower value transactions that are typical of the many new customers entering the market today.

Most of these new customers are middle-income earners, holding relatively small amounts of stock, looking for long-term returns. This is in contrast to the share market drivers who tend to be looking for short-term returns with high volume multi trading and generally use the more expensive ¡¥full service¡¦ brokers.

It is the new and existing customers who use the discount brokers ComSec are currently targeting.

The market size can be measure in terms of Australian share ownership, which has increased from 7% of the population to 5% of the population over the last 10 years, or can be segmented into categories such as total sales in dollars via the internet, which is estimated to grow from 1 billion to billion dollars over the next ten years.

By applying the BCG matrix to the above information, it could be argued that ComSec is currently a ¡¥Star¡¦ for the CBA, as it enjoys high market share in a high industry growth market.

STAR ???

CASH COW DOG

In an attempt to generate more business from existing customers, ComSec are advising a safety strategy for investors of ¡¥diversification¡¦. Customers that follow this advice will split their existing stock holdings up amongst various industry shares so creating an increase in trades at ComSec.

Where are we headed?

Whilst diversification of share portfolio may lead to an initial business increase for ComSec, the strategy could backfire on them if the diversified portfolio under performs in relation to ComSec¡¦s competitor customer base portfolio¡¦s, which would result in a loss of credibility.

The increasing number of competitors entering the market is eating into ComSec¡¦s market share, which has dropped 7% in the last 1 months.

In an attempt to discourage new entrants to the market from overseas, ComSec instigated a price war aimed at making the market less attractive by lowering the profit margins. As a result of this price war, trade fees at ComSec have dropped from $50 per transaction in 15 to as low as $.5 today.

The advantage ComSec enjoy from such a strategy is that they are not reliant on profit alone for performance measurements. This is because ComSec¡¦s business strategy is aligned with the CBA¡¦s corporate strategy of growing their ¡¥on-line¡¦ banking and financial service businesses.

If ComSec can convince their customers to bank on-line with the CBA or take advantage of the banks other financial services then ComSec could be classed as a loss leader strategy for the CBA. Discouraging discount brokerage competitors from overseas will help ComSec to protect their market share giving exposure of CBA¡¦s other financial services to ComSec customers.

Whilst the price are was a strategy to discourage overseas brokers entering the Australian market, the main threat to ComSec¡¦s market share comes from Australia¡¦s other three major banks, Westpac, ANZ and NAB. All three belatedly set up a discount trading arm of the bank but are now providing an alternative to ComSec fro their own existing bank customers trading needs.

Some analysts have estimated that in a couple of years each of the big four Australia Banks will enjoy around 0% of on-line market share each. This would present a halving of ComSec¡¦s current market share.

Where should we be headed?

ComSec should be heading to retain a market share of around 40% in the next five years. This will not be possible unless they are able to attract new trading customers from three ¡¥other¡¦ Australia bank customer bases.

Since the average customer prefers to have all their financial activities placed under the one umbrella, the performance of the CBA in general will have a major influence on ComSec¡¦s ability to attract trading customers away from Westpac, NAB and ANZ banks. If the CBA can increase their customer¡¦s numbers, then ComSec should be in a position to benefit from these new customers trading needs.

This strategy can also work vice versa, where the ComSec business unit performs so well that it attracts customers from other bank to the CBA. It is therefore vital that the ComSec strategic plan becomes totally integrated with the CBA¡¦s corporate plan.

A possible re-organisation of the structure of the SBU¡¦s at the Commonwealth may be required to achieve such integration so that each SBU can more easily benefit from the services and capabilities of other SBU¡¦s. It is assumed that presently, ComSec performance measures are not related to other Commonwealth investment departments and as a result would not cross promote the other investment departments ahead of ComSec.

The superior performance that is needed to differentiate from competitors will only be achieved through such integration of investment options. This is something that ComSec should address with the senior executives of the CBA in the near future.

However, it is also clear that the ComSec brokerage needs to differentiate itself from other discount brokerages in order to achieve the wanted market share in the future.

This may include offering the present ¡¥no frill¡¦s trading choice, plus the option of other financial investment services such as financial reports and similar, right through to fully detailed company analysis that are currently provided by the top end brokerage organisations. Miller and Layton (000) class such a strategy as market segmentation by behavioural needs and this would result in ComSec offering investment and share market services to all investors and not just the discount trading market. This would be beneficial to ComSec if any customers became very successful and started trading large value quantities of stock and who normally move away from the discount broker to the more expensive ones such as Jancom or ITS Holdings.

Since ComSec have access to the Asian and North American markets, if should consider becoming a total global player and gain access to European and Japanese share markets. By providing access to these markets and also offering various levels of service, ComSec will be positioned to meet the needs of all stock market investors in Australia.

As the CBA has done, ComSec could then look at gaining access to customers in other countries such as America, Europe and the Asian markets and offer these clients a wider range of stock market services, so becoming a true global brokerage.

By following the above vision ComSec would be entering into new markets with old products, which according to Ansoff¡¦s matrix would need some market development strategies. This theory is supported by the GE model that identifies strong to medium market attractiveness couple with strong to average business positions should use investment strategies to grow the business.

SWOT ANALYSIS

STRENGHTS WEAKNESSES

„h High market share

„h Large financial backing from CB

„h ComSec brand name

„h ¡¥Straight through¡¦ software

„h ¡¥Voice broker¡¦ and WAP software

„h Low transaction fees

„h Not totally reliant on profits

„h Good innovator of new products and services

„h Offer access to diversified range of CBA products

„h The value of the Australian dollar for investing overseas „h Global market with access only to Australia customers

„h Lack of ¡¥in-depth¡¦ market analysis data available to clients

„h Customers expect the low trading prices

„h Low profit margins

„h Don¡¦t offer brokerage services to the non discount market

„h The value of the Australian dollar for overseas investors

„h No exposure or experience with overseas investors

OPPORTUNITIES THREATS

„h Rapid growth in market size through the increasing number of shareholders per capita

„h Move into European and Japanese share market trading

„h Increase the ration of on-line trading to telephone trading

„h Offer full range of financial services with the integration of other CBA SBU¡¦s

„h Target other segments of trading industry market

„h Increase profit margins

„h Increase Managed Fund trading businesses „h ¡¥Non share¡¦ investments

„h Downturn in economic climate

„h Increasing number of new entrants to the market

„h Decreasing market share

„h Decrease in profit margins

„h Stock market collapse

„h Existing customers moving to their own banks trading arm

„h Charles Schwab

„h The ¡¥other¡¦ big banks

„h Extremely successful customers likely to detract to full service stock market broker

Business Definition

ComSec is presently in the trading business but have identified a need to diversify and expand the business boundaries. To develop a business definition, let us examine

1. Customer needs

„h A accessible and quick way of trading

„h Financial analyst information

„h Access to overseas markets

„h A reliable technology service

„h Fund managed investments

„h Low trading prices

„h Various levels of service

. Customer Segments

„h Geographic Australian States / Overseas Countries

„h Behavioural Volume of Trades / Value of Trades

„h Demographically Financial standing / information required

. Value adding activities

„h Access to other financial services

„h Discounts based on trade volumes

„h Share tips / managed funds

„h Loans for share buying

From the above we can now formulate the

ComSec Mission Statement

We offer our customers easy and affordable access to global stock trading markets whilst giving them the option of long term secure investments and an ability to financially grow with the Company.

Problem Definition

Principle Problem

With forecast¡¦s suggesting a rapid growth in market size so attracting more entrants into the market, how do ComSec increase their customer numbers in order to maintain their current level of 40% market share?

Sub Problems

The sub-problems have been grouped as having either an internal or external focus.

INTERNAL EXTERNAL

„h How do ComSec increase the profit margin for discount trading?

„h How does ComSec persuade more customers to use ¡¥on-line¡¦ share dealing?

„h To what extent do ComSec further segment the stock market trading industry?

„h How does ComSec ensure that they and their customers benefit from all of the capabilities of the CBA and vice versa?

„h Can ComSec insure their business against a stock market collapse?

„h To what extent do ComSec diversify their product range that they offer or promote? „h How do ComSec meet the increased needs of current and potential customers?

„h How do ComSec differentiate themselves and attract customers from other financial institutions?

„h How do ComSec gain access to the European and Japanese trading markets?

„h How do ComSec gain access to potential customers outside of Australia?

„h How does ComSec gain the skills needed to serve `top end¡¦ share dealers?

Analysis and evaluation of Alternatives

Possible Options

1. Concentrate on retaining their existing customers ¡V this option would seem to be the most conservative available to ComSec. It would ensure that the business as it is today would have an opportunity to strengthen it¡¦s appeal to it¡¦s existing customer base and allow ComSec to concentrate on fund management and on-line trading so increasing their profit margins. However, it would also see a reduction in the current 4% market share that ComSec enjoy, allowing their competitors to gain market share and use this position to attack ComSec at a later date.

. Buy out an existing ¡¥high end¡¦ stock market brokerage company ¡V this would enable ComSec to gain access to ¡¥high end¡¦ traders, which may benefit the CBA by attracting these traders to use their services. It would also allow ComSec to gain the knowledge and capabilities of a high end trading brokerage, which would be beneficial in offering an alternative to no frills trading to present customers. This would help ComSec retain customers that may become high volume / value and successful market traders and who normally require more than a discount broker when dealing in the stock market. However, not only would this be an expensive strategy for ComSec, it would also put them at risk of losing touch with their core customers that operate at the discount end and would require careful and detailed organisational structures to be formulated.

. Set up strategic alliances with overseas brokerages ¡V if ComSec were to become truly global they not only need access to all overseas markets but they need to be accessible to overseas customers. ComSec could either buy into overseas global players or set up some strategic alliances with these same players. The second option would allow ComSec customers access to global markets and also enable overseas traders access into the Australia market through ComSec without the risk and cost involved in ¡¥buying¡¦ into a new market segment. There is a risk with this strategy in that ComSec¡¦s existing customers may prefer to deal in the European or Asian markets through these strategic partners so reducing trade volume with ComSec. The value of the Australia dollar would also have effect on whether customers dealt in the Australia or overseas markets.

4. Sell the ComSec business to an overseas discount brokerage ¡V this would enable the CBA to use the finances from the sale to boost other business operations. However, it would result in ComSec customers not having any affiliation with the CBA leading to a potential lack of customers.

5. Persuade CBA to restructure SBU¡¦s into cross functional business units allowing ComSec to offer fully diversified investment options ¡V this would allow ComSec to offer their customers alternatives to share trading investments. However, ComSec¡¦s core business is in share trading and the risk of such a strategy would be the loss of ComSec¡¦s core competence. It would be less risky and less complex if the CBA restructured their performance measures of various SBU¡¦s enabling ComSec¡¦s success to also be measured by the success of other investment units of the bank. This would allow the financial investment SBU¡¦s of the CBA to confidently cross promote the products and services of each other whilst still retaining their individual core competencies and business focus.

Recommendations

The recommendations are based upon evidence of the above information, which suggest that ComSec is a ¡¥Star¡¦ of the CBA in relation to the BCG matrix and therefore should consider using aggressive marketing strategies. This would then support the GE matrix theory, which indicates that ComSec should be using investment and growth strategies for their business.

Short term within a year

Target Market

Existing ComSec and CBA customers.

Marketing mix

Product ¡V more detailed stock market information. Stronger investment options linked to the share market such as ¡¥managed funds¡¦ and ¡¥share options¡¦.

Price ¡V create a ¡¥value¡¦ aspect of trading prices by adding benefits and services that discount traders may want to use for a fee.

Distribution ¡V invest in the technology that will enable a fail-safe way of ComSec customers to trade on line.

Promotion ¡V Campaign to gain customer confidence in on line trading and also the value component of the product aimed at existing customers. Strengthen the ComSec brand name by promoting Australia wide.

Actions

„h Buy out existing top end stock brokerage that would enable ComSec to have an alternative to discount trading possible offered with a tiered pricing strategy.

This would allow ComSec to segment the trading market so increasing its ability to serve customers operating in the various segments. Following this strategy will enable ComSec to retain customers who move up to a new market segment that they would lose if ComSec stayed in the discount market only.

It would also allow ComSec to differentiate themselves from existing discount traders who do not offer a facility to financially grow within the brokerage. Since financial growth is the aim of all stack traders, ComSec could use this in their advertising campaign, helping ComSec attract new customers that are entering the market and also persuading customers to switch from their existing discount brokerage to ComSec.

„h Continue with the differential pricing strategy that persuades customers to use on line trading instead of telephone trading. As well as on line traders receiving a cheaper price ComSec could also offer some free financial services or data to on line customers that help promote the ¡¥value¡¦ concept of pricing ahead of the ¡¥discount¡¦ concept. This would enable ComSec to increase their profit margins because of the expense difference between on line and telephone trading.

Medium term ¡V one to three years

Target Market

Competitors customers and any potential Australian financial investors.

Marketing Mix

Product ¡V continue to strengthen the relationship between the various market segments that ComSec have now entered. Innovate new products and services that are related to stock market trading. Offer advice and access to CBA¡¦s other investment units and vice versa.

Price ¡V ensure that the no frills discount price stays competitive so persuading overseas players not to enter the Australian market. However, fully develop the fee-paying services available to all ComSec customers so offering a wide range of options.

Distribution - ensure that the on line trading continues to be developed without losing focus that some customers still want to use the telephone facility.

Promotion ¡V continue to promote the ComSec brand name throughout Australia and existing overseas markets.

Actions

„h Work closely with CBA¡¦s executive and other SBU¡¦s to find a workable solution that enables all players to have confidence in cross promotion of products and services. This will require strong leadership from the executive aimed at a restructure of the SBU¡¦s reporting channels and performance measurements.

„h Further develop the ComSec web site and on line trading centre that will enable the discount brokers to access further information for a fee. ComSec could even consider creating a grouping system such as the airline industry were traders are classed as economy, business or first class customers and reward each with a loyalty program or similar.

„h Develop the telephone trading into a more personal service that is available at a fee. This would ensure that ComSec do not lose customers to competitors that offer a telephone trading service and could even result in winning customers from their competitors whose telephone trading has been neglected because of the low profit margins.

Long term ¡V five years

Target Market

Global markets for Australian customers and global clients for Australian markets.

Marketing Mix

Product ¡V access to all major stock trading markets including Europe and Japan.

Price ¡V ComSec customers will be offered a pricing schedule that reflects the full range of services and information available. Value will be promoted ahead of discount.

Distribution - banking and access facilities will be needed in all markets that ComSec trade in.

Promotion ¡V ComSec will promote themselves as fully diversified and true global players of stock trading.

Actions

„h Set up strategic alliances with European and Japanese operators enabling ComSec customers to trade in all major overseas markets and allow access to overseas customers of the strategic partners to access the Australian markets.

„h Develop the close relationships with CBA¡¦s money trading unit. This will allow CBA to benefit from any overseas trading transactions between ComSec customers and their strategic partners. This will also act as a small insurance against a stock market collapse.

Conclusion

It is clear that ComSec need to differentiate themselves from the ANZ, NAB and Westpac trading units if they are to preserve their current percentage market share. Using the above or similar offensive strategies will help ComSec to protect their current market share.

Please note that this sample paper on Marketing - ComSec is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Marketing - ComSec, we are here to assist you. Your persuasive essay on Marketing - ComSec will be written from scratch, so you do not have to worry about its originality.

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Dr. David Jenkins

Plovdiv University and the American University in Bulgaria

Perspective by Incongruity

On the Road with Henry James, Aleko Konstantinov, and Saul Bellow

"'What's your road, man?--holyboy road, madman road, rainbow road, guppy road, any road. It's an anywhere road for anybody anyhow…. I'm cutting along in my life as it leads me.'"

(Dean Moriarty, in Jack Kerouac's On the Road 06).

Scene One Waiting for a Train

Three men were standing together on Platform Five at the Baton Rouge Train Station. One was slightly built, the other two were burly, broad-shouldered and imposing. All were well dressed in the fashion of the time. Other than their improbable names, there was little to distinguish them from the other passengers waiting on the platform. Those names bore an uncanny resemblance to men who are very well known. The three men were Henry James, Aleko Konstantinov, and Saul Bellow. They were on their way to Chicago to visit the World's Fair.

James nervously looked at his watch, then turned to Konstantinov, picking up the thread of their conversation. "It's not too late for you… you don't strike me as in danger of missing the train; besides which people can be in general pretty well trusted, of course--with the clock of their freedom ticking as loud as it seems to do here--to keep an eye on the fleeting hour. All the same don't forget that you're young blessedly young…. Live all you can; it's a mistake not to. It doesn't so much matter what you do in particular, so long as you have your life."

Unlike James, who was visiting from London, his adopted home (another uncanny resemblance), Konstantinov was completely at ease in the American South, and for that matter at ease all the way from New Orleans to Minneapolis. Though he had once had hopes of becoming a writer, he was now a travelling salesman for a Texaco subsidiary, selling crude oil and other petroleum products. It was his idea to meet his friends in New Orleans, then ride the train with them to Chicago via San Antonio, since he had arranged a dinner with Geraldo Gonzales, the Mexican consul. Konstantinov had often met with the consul on business, and they were on a first-name basis. The consul had even given Konstantinov a signed portrait one evening on the River Walk "To Aleko with respect and friendship from Geraldo, and to many more mutually profitable joint ventures." He had shown the portrait to James and Bellow more than once.

Konstantinov had already been to the fair, since his company has set up a pavilion there. He enthusiastically described the transportation exhibit for his friends. "…You can see every conveyance known to man, from the most primitive carts to the most up-to-date locomotives, palatial dining cars, and Pullman sleepers. Their comfort and elegance will simply bowl you over, knock you out. And the same goes for the boats--from the oldest triremes to the most modern liners and battleships. Horse-drawn and electric trams, omnibuses, diligences, fiacres, coupes, landaus, cabriolets--you name it. The very latest in human ingenuity, in every shape and form, whether for freight or passengers, all in one huge hall. The upper galleries are filled with bicycles and model ships, and there are model trains too. They constantly circle the rooms on miniature rails, pulling true-to-life cars. I saw monorail trains that seem to float somewhere between heaven and earth. Full-sized trains scattered around the hall like toys. Giant locomotives with cars done up in walnut and mahogany, silk and velvet, crystal chandeliers and electric candles. Something for even your discriminating taste."

"Ah, yes," James replied. "The art of transportation, like all art, lives upon discussion, upon experiment, upon curiosity, upon variety of attempt, upon the exchange of views and the comparison of standpoints." James was something of an aesthete. He was independently wealthy, a confirmed gourmet, and an amateur psychologist. He and Bellow had met at a graduate seminar in Chicago before Bellow moved to Montreal to take a teaching position, and James and Konstantinov had met in Paris, where James was on vacation and Konstantinov on a business trip.

Bellow agreed that to live fully it was certainly necessary to be observant, to notice the little things, to "try to be one of those persons on whom nothing is lost." With a little practice, he had found that a certain quality of attention "becomes second nature." So now he tried to live every day as if it were his first, or his last. He had recently been reminded of how fragile life could be, since he had barely survived a serious nervous disorder brought on by food poisoning, when he ate some tainted fish. For months he could barely lift his arm, and couldn't even write his own name. All he could do was draw cramped little circles, and even those cost him great effort.

As the train to San Antonio pulled into the station, he recalled his brush with death to his two friends. "I've never seen the world before. Now I was seeing it, and it's a beautiful, marvelous gift. Enchanting reality! And when the end came, I was told by the cleverest people I knew that it would all vanish. I'm not absolutely convinced of that."

As they hoisted their bags into their compartment--which was Spartan, worlds away from the rolling pleasure palaces that Konstantinov had described--they saw a young man rush up to the train and hop on just as the train pulled out. A few minutes later he joined them. "Hello," he said, tipping his hat to them, almost saluting. He brushed the dust off his overcoat. Mind if I join you? I'm on my way to St. Louis. I go to the university there. I have to take a final exam, then I plan to go on to Chicago, to the fair. He held out his hand. "My name's Conrad. Joseph Conrad."

"What is character but the determination of incident? What is incident but the illustration of character?"

Scene Two Dinner with a Diplomat

Though James relished fine food, he was still too much of an American at heart to stick to crêpes, truffles and souffl s. "…Lay in tomatoes, ice-cream, corn, melons, cranberries and other indigenous victuals," he crowed to his friends as they rang the doorbell at the Mexican Consulate. One reason James had agreed to join them on this adventure was his periodical insatiable hunger for the American scene. "I wish I could tell you how characteristic everything strikes me as being… everything from the vast white sky to the stiff sparse individual blades of grass."

Conrad was now part of the group--the original threesome had become a foursome. He had offered to show them around Saint Louis on their way to Chicago, and so they had invited him to spend a day or two with them in San Antonio. All four of them were obviously out of their element in the resplendent hacienda of their host Gonzales, and their attempts to make themselves comfortable. For instance, Bellow offered the consul flowers to give to his wife, a perfectly courteous gesture, except that the consul wasn't married. On the way upstairs Bellow had caught a glimpse of the consul's mother, and had made the wrong assumption. When the consul offered to show them the family album, James pointed to one of the pictures and said, "So you were in the army?" It was a photo of the consul and his sister. When the consul served tea, Conrad emptied the entire sugar bowl into his cup, then drank all the cream straight from the silver salver.

Grimacing diplomatically, the consul rang for his servant and asked that dinner be served. At least the meal passed without incident. As the last course arrived--a caramel mousse sculpted in the shapes of leopards and swans--James turned from his swan to Konstantinov and waxed philosophical. "The affair I mean the affair of life couldn't, no doubt, have been different for me; for it's at the best a tin mould, either fluted and embossed, with ornamental excrescences, or else smooth and dreadfully plain, into which, a helpless jelly, one's consciousness is poured so that one 'takes' the form as the great cook says, and is more or less compactly held by it one lives in fine as one can."

Conrad, raising his fork from the leopard quivering beneath him, objected to this psychological rendering of dessert. "With all due respect, Mr. James, you take a most essentialist and evanescent view of things. Even the most far-fetched fiction is history, human history, or it is nothing. But it is also more than that; it stands on firmer ground, being based on the reality of forms and the observation of social phenomena, whereas history is based on documents, and the reading of print and handwriting on second-hand impression. Thus fiction is nearer truth. But let that pass. A historian may be an artist too, and a novelist is a historian, the preserver, the keeper, the expounder, of human experience." Turning to Konstantinov, Conrad added, "Don't you agree with me, sir? Didn't you once aspire to a literary career?"

Scene Three A Woman with Her Hand on the Table, a Man with His Hand on a Fish

The four travelers were once again settled at a dinner table, this time in St. Louis. It turned out young Conrad lived in a boarding house with a Czech woman and her voluptuous daughter. Neither mother nor daughter spoke English, since they had only been in the country for a few months. It was blatantly obvious that Conrad and the daughter were more than casual acquaintances. James noticed the two mooning at each other over an hors d'oeuvre and aperitif, and couldn't resist an observation in passing. "It is an incident for a woman to stand up with her hand resting on a table and look out at you in a certain way; or if it be not an incident, I think it will be hard to say what it is. At the same time it is an expression of character."

Conrad turned to the woman in question and said to her in perfect Czech, "He neither toils nor spins, trades nor makes war, bears children in pain nor brings them up with sacrifices…. James is the laureate of leisure." Though no one but the mother understood a word he said, the vehemence with which he delivered this opprobrium, the sudden anger in his voice, was enough to make them uneasy. Who was this young man of such adamant convictions and ardent passions?

The evening devolved into further misunderstanding and innuendo. As the vegetables simmered, the conversation again turned to writing, since it seemed that Conrad, who had recently been in the Merchant Marine, was no more than a nominal student. His passion, he confessed to Konstantinov, was to become a man of letters to bear witness, keep a record of human dealings, keep score. Bellow couldn't contain himself when Conrad insisted that the only reason to write was to communicate with a few close friends. "Je sens mon coeur et je connais les hommes," he asserted in his adopted Quebequoise, though he was the only one at the table who spoke passable French. "If you write for people you know, you find yourself limited. God knows, we're limited enough without new limitations on ourselves."

Conrad and his nubile companion decided to walk down to the Mississippi before dinner, and Konstantinov and Bellow went up to their rooms to rest. Konstantinov said he had some work to do, though for some reason he said it in German, perhaps to get into the multilingual spirit of the evening. "Ich hab' ein gross arbeit," he said as he closed the door behind him. So the only ones left in the kitchen were James, the well-heeled transatlantic gourmet, and his bustling Czech hostess. "Seeing her put a fresh fish in a pot of water, he jumped up and grabbed the good woman's hand. With the other hand he managed to extract the fish from the pot, all the while gesturing with both his head and hand as if to say, 'Now wait a minute, don't move a muscle, let me show you the right way to prepare a fish.' He called for salt, and when she gave it to him he took the lid off the shaker, grabbed a huge handful, and massaged big lumps of it into the fish with his pudgy fingers. 'Red pepper!' But it seemed there was no red pepper in the good woman's pantry. "Then black pepper!' He poured the pepper prodigally over the fish. 'Now an open flame!' But how could she understand his wild gesticulations? How could he communicate 'an open flame' to her without words?

But wasn't he a man of the world? Wasn't he resourceful enough to cook this fish over an open flame if he chose? He removed the other pots and pans from the gas oven and turned all the flames up as high as they could go, then places the fish on the pyre. It smoked and sizzled, covered by now with ash from head to tail. He snatched it from the flame with his bare hands and flung it onto a platter. 'Quick! While it's still hot we must sautit with wine and lemon juice! Unless it's swimming in wine this fish won't be worth two cents."

Scene Four Chicago Politics

The four men were again sharing a train compartment. The Chicago skyline loomed in the distance. Toying with the watch chain tucked into the vest that spread across his ample belly, James recalled something he had once read about America, something he agreed with, a vision of an America that no longer had wide-open spaces to offer the traveler, no longer proffered her green breast to explorers come to marvel at a brave new world. "If we are walking over that lawn it is nonetheless in city clothes, high heels piercing the thin membrane of webbed roots. The light is soft, that slowly graying dusk that takes an hour or more. We may be watching the sky from the back of a cab. But it is never a brazen season. We are never in the tropics, it is never noon. We are always among the thousand grays of home."

But Chicago had never been the home to James that it had been to Bellow. As the train rumbled through gray Gary, Bellow looked out the window and talked politics. "We don't have plastic politics here. The people of Chicago are very proud of their wickedness…. The line between virtue and vice meanders with madly effective government on one side, connections on the other. Odd things happen."

"Not long ago, Allen Dorfman of the teamsters' pension fund was gunned down in a parking lot. Now plea-bargaining witnesses are talking freely about Joey (The Clown) Lombardo, convicted with Dorfman and Roy Williams, the teamsters' union president, of conspiring to bribe Senator Howard Cannon of Nevada. Politics are politics, crime is crime, but in Chicago they occasionally overlap. One of these alleged assailants… turned out to be a Cook County deputy sheriff employed as a process server…. A hit man on the county payroll? Would there be others? Well, that's how it is. People shrug."

Scene Five To Chicago and None of the Way Back

They got off the train and checked into a downtown hotel. After a good night's sleep they were ready to visit the fair. For some reason, Bellow seemed to be in a jocular mood. In the lobby he told them a joke. "Socrates said, 'The unexamined life is not worth living.' My revision is, 'but the examined life makes you wish you were dead.'" His companions didn't find anything particularly funny in the remark, especially since they hadn't even had their morning cup of coffee yet. He tried again as they were getting into the cab. "An American singer… makes his debut at La Scala. He sings his first aria to great applause. And the crowd calls 'Ancora, vita, vita.' He sings it a second time, and again they call for an encore. Then a third time and a fourth ... Finally, panting and exhausted, he asks, 'How many times must I sing this aria?' Then someone tells him, 'Until you get it right.'"

The others still saw little reason to laugh, so he took pains to excuse himself, turning to face the three of them crammed into the back seat of the cab. "'I don't think I was a very sophisticated person,' he said, recalling his youth in Chicago as the son of an onion importer who had immigrated from Russia. 'Chicago is not a city that produces sophisticated people.'" James tried to rescue the situation in his usual lugubrious way. And though he was obviously trying to help, he ended up sounding overblown, falsely cosmopolitan, Olympian. Worse, he ended up sounding like he was feeling sorry for himself. "…One has the illusion of freedom; therefore don't be, like me, without the memory of that illusion. I was either, at the right time, too stupid or too intelligent to have it; I don't quite know which. The right time is any time that one is still so lucky as to have…. Do what you like so long as you don't make MY mistake. For it was a mistake. Live." Bellow could only shrug, while Konstantinov nodded thoughtfully, his hat crumpled in his hands. Young Conrad hadn't said a word all morning. He just stared out the window of the cab, perhaps thinking about his girlfriend in St. Louis.

After they went through the fair, awestruck at all the latest technology and luxury that had been amassed in one place, they stopped for lunch at a cafthat offered an unobstructed view of the Columbus fountain. Konstantinov read to them from the guidebook. "An impressive group of marble figures perched on Columbus' ship, with the captain seated amidst adoring nymphs. One crowns him with a laurel wreath while others are arranged in various attitudes of praise. A nymph also pilots the ship. Cascading streams of water bathe the entire ensemble. At night, the pool that surrounds them shimmers in the glow of resplendent electric lights. Opposite the fountain stands a massive golden statue representing the Republic, and on the southeastern side of the monument, at the edge of Lake Michigan, you may observe the caravelle Santa Maria, the very ship that Columbus sailed when he discovered America."

Is this the same Christopher Columbus that Bellow remembered? No, as he looked up at the monument he sees something else, something entirely different a miniscule soldier of fortune on the beach of a Caribbean island, brazenly claiming the New World for Spain. A man absolutely ignorant of the people whose lives he changes forever, unable to speak a single word of their language, completely ignorant of their ways. A travel-weary profiteer regally declaiming to three or four of his men and a few bewildered Arawaks, pompously enacting his ritual of possession and sovereignty, fashioning a shabby myth of order in the face of chaos, proclaiming ownership in perpetuity because of a chance landfall. Bellow could almost hear the captain's words echo hollowly at the edge of the jungle, like quotations out of context or a pre-recorded message.

The monument that loomed above the four men as they buttered their toast was both a testimony to history's bewilderment and a reminder that the New World Columbus had claimed maintains to this day a sturdy belief in progress, progress that can be measured by dynamos, skyscrapers, an enormous gross national product, ever broadening horizons. And not only America measures progress in such terms. As JosOrtega y Gasset has said, "World history compels us to recognize Man's continuous, inexhaustible capacity to invent unrealizable projects. In the effort to realize them, he achieves many things, he creates innumerable realities that so-called Nature is incapable of producing for itself. The only thing that Man does not achieve is, precisely, what he proposes to--let it be said to his credit. This wedding of reality with the demon of what is impossible supplies the universe with the only growth it is capable of."

And what could better symbolize a vision of progress than the World Fair? Perhaps a slaughterhouse, Konstantinov suggests to his companions, again consulting his guidebook. "Of course it would be a big mistake to visit Chicago without seeing its famous slaughterhouses. In one of these, the biggest, Armour's Packing House, they slaughtered 1,750,000 pigs, 800,000 steers, and 600,000 sheep. The total net worth of meat products processed in Chicago is more than 140 million dollars a year."

So they decided to ride over to the slaughterhouse together. This time Konstantinov sat in the front seat, while Conrad sat directly behind him. Bellow told them about something he had read in the paper that morning. "Just the other day, a middle-level mob personality, Tokyo Joe Eto, having reason to feel that his time had come, instructed his wife to put his insurance policies in order. Sure enough, he was soon afterwards shot in the head by two associates who had gotten into his car. Three shots were fired from the back seat, none of which pierced his skull. With extraordinary presence of mind, he fell over the steering wheel, shuddered convulsively and played dead." As James clucked disapprovingly at the violence of the criminal class, Konstantinov suddenly stiffened in the front seat, as if he knew what was coming. Their young friend Conrad reached calmly into his pocket, the pocket next to the window, and produced a small pistol. Without hesitating, he pressed it against the back of Konstantinov's head and pulled the trigger. The coroner's report said that the bullet entered the brain some two inches above the base of the skull, killing the crude oil salesman instantly.

During the trial it came out that Conrad had long been involved with a group of Polish anarchists who fanatically opposed what they called American imperialism, and who were determined to combat it at any cost. His seemingly chance appearance at the Baton Rouge train station had been no accident. In fact, Conrad had planned to kill both Konstantinov and the Mexican consul in San Antonio, since he knew that they had often done business together on behalf of the oil cartels. No wonder Conrad had taken such an interest in Konstantinov's signed photograph "To Aleko with respect and friendship from Geraldo, and to many more mutually profitable joint ventures." But Conrad had never gotten his chance in San Antonio, so he simply bided his time. His Czech girlfriend was also an anarchist, as she readily confessed (in perfect English) when questioned by the FBI. The mother knew nothing about any of it. All she recalled of that evening in St. Louis was how James had filled her kitchen with the smell of burnt fish.

When he was sentenced to be executed, Conrad offered a final cryptic remark, perhaps filled with menace, clearly without a shred of remorse. "You remain with the sense of the life still going on; and even the subtle presence of the dead is felt in that silence that comes upon the artist-creation when the last word has been read. It is eminently satisfying, but it is not final." James and Bellow attended Konstantinov's funeral, then James boarded a train for Boston. He had booked a first-class cabin to London, on the Queen Elizabeth. As the two men stood together on the platform (as they had stood with the unfortunate Konstantinov in Baton Rouge just a few days before), James bemoaned life's brevity and fragility. "It's too late. And it's as if the train had fairly waited at the station for me without my having had the gumption to know it was there. Now I hear its faint receding whistle miles and miles down the line. What one loses one loses; make no mistake about that." The two friends shook hands one last time and then the train was gone.

Bellow returned to his parents' apartment in downtown Chicago, wanting only to put the whole monstrous scene behind him, wanting only to get back to Montreal as quickly as possible. Late that afternoon a thunderstorm swept in over Lake Michigan. As he watched the dark clouds thicken, he murmured to himself, "Even Bellow the Rain King couldn't part these waters." Then came the deluge. He struggled to reassure himself that this too would pass, and he was thinking of far more than a sudden autumn shower. "It's like the storm in Beethoven's Sixth Symphony," he said to himself, pressing his forehead against the glass. "It only lasts twenty minutes."

Please note that this sample paper on "on the Road With Henry James, Saul Bellow, and Aleko Konstantinov" is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on "on the Road With Henry James, Saul Bellow, and Aleko Konstantinov", we are here to assist you. Your cheap custom college paper on "on the Road With Henry James, Saul Bellow, and Aleko Konstantinov" will be written from scratch, so you do not have to worry about its originality.

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La Declaración Universal de Derechos Humanos fue adoptada y proclamada por la Asamblea General de la Organización de Naciones Unidas (ONU) en la 10 de Diciembre de 148. El conflicto entre Eritrea y Etiopía violó muchos aspectos de los artículos de esa declaración, por ejemplo los siguientes

Artículo - Toda persona tiene los derechos y libertades proclamados en esta Declaración, sin distinción alguna de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacional o social, posición económica, nacimiento o cualquier otra condición.

Además, no se hará distinción alguna fundada en la condición política, jurídica o internacional del país o territorio de cuya jurisdicción dependa una persona, tanto si se trata de un país independiente, como de un territorio bajo administración fiduciaria, no autónoma o sometida a cualquier otra limitación de soberanía.

Artículo 5- Nadie será sometido a torturas ni a penas o tratos crueles, inhumanos o degradantes.

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Artículo - Nadie podrá ser arbitrariamente detenido, preso ni desterrado.

Artículo 11-

1. Toda persona acusada de delito tiene derecho a que se presuma su inocencia mientras no se pruebe su culpabilidad, conforme a la ley y en juicio público en el que se le hayan asegurado todas las garantías necesarias para su defensa.

. Nadie será condenado por actos u omisiones que en el momento de cometerse no fueron delictivos según el Derecho nacional o internacional. Tampoco se impondrá pena más grave que la aplicable en el momento de la comisión del delito.

Artículo 1- Nadie será objeto de injerencias arbitrarias en su vida privada, su familia, su domicilio o su correspondencia, ni de ataques a su honra o a su reputación. Toda persona tiene derecho a la protección de la ley contra tales injerencias o ataques.

Artículo 1-

1. Toda persona tiene derecho a circular libremente y a elegir su residencia en el territorio de un Estado.

. Toda persona tiene derecho a salir de cualquier país, incluso el propio, y a regresar a su país.

Artículo 17-

1. Toda persona tiene derecho a la propiedad, individual y colectivamente.

. Nadie será privado arbitrariamente de su propiedad.

Articulo 1- Todo individuo tiene derecho a la libertad de opinión y de expresión; este derecho incluye el no ser molestado a causa de sus opiniones, el de investigar y recibir informaciones y opiniones, y el de difundirlas, sin limitación de fronteras, por cualquier medio de expresión.

Artículo 5-

1. Toda persona tiene derecho a un nivel de vida adecuado que le asegure, así como a su familia, la salud y el bienestar, y en especial la alimentación, el vestido, la vivienda, la asistencia m dica y los servicios sociales necesarios; tiene asimismo derecho a los seguros en caso de desempleo, enfermedad, invalidez, viudez, vejez y otros casos de p rdida de sus medios de subsistencia por circunstancias independientes de su voluntad.

. La maternidad y la infancia tienen derecho a cuidados y asistencia especiales. Todos los niños, nacidos de matrimonio o fuera de matrimonio, tienen derecho a igual protección social.

In the aftermath of the eruption of the border conflict between Eritrea and Ethiopia, the Ethiopian regime launched a massive campaign of violence and hate against Eritrean nationals residing in Ethiopia. Since the beginning of June 18, the regime has embarked upon a policy of mass detention, torture and expulsion of Eritreans living in the country. The manner the Eritreans were treated throughout the process is so deplorable that there are few parallels in recent history of human rights violation carried out by any state government. The actions of the Ethiopian regime were carried out in violation of the basic provisions of the Universal Declaration of Human Rights and other international human rights treaties. Eritrean victims were arrested, deported, put in detention facilities, killed, and torn away from their families. The inhumane treatment to which the Eritrean deportees have been subjected during the process of arrest, detention and expulsion is gruesome. They were suddenly apprehended from their homes, work places, schools and streets and driven off to detention camps and police stations. Those that were picked up from their place of work or streets were not allowed to communicate with their families or any close acquaintances to inform them of their whereabouts. In the case of others, they were picked up from their sleep by armed police who broke into their homes in the middle of the night. They were similarly prevented from picking up any personal belongings and even from putting on their proper dress. They ended up in detention with only their pajamas and slippers on.

Mothers were taken from their children during the arrest. Many reported that they could not bid farewell to their children who had not returned from schools when they were taken away. Despite their plea to take their children along, almost all mothers were harshly denied to carry even the breast fed infants whom they were forced to abandon crying and without any one to look after. A mother whose six-month old baby was snatched off and abandoned arrived delerious and agonized from swollen breasts. Another woman who left four children behind without any one to look after them suffered from mental breakdown and was taken to a mental hospital.Owners of garages, hotels, shops and other establishments were forced to leave their businesses open and prone to pillage and theft. None of them were able to delegate responsibility for his or her property, establishments and other interests. As the wave of arrest and eviction continued, the Ethiopian Government issued instruction preventing Ethiopian nationals from acting as delegates to any Eritrean national.

Once the Eritreans were taken to the detention centers, they were subjected to interrogation, torture and deprivation of food, water, basic sanitation and visit by or communication with their families and relatives. Usually, they were crammed into dark narrow cells without toilet facilities. They were allowed to visit the toilets only once in twenty four hours. The detainees were forced to buy their own food or drinkable water which they scarcely managed to obtain from the prison guards at much higher prices. Since they were not allowed to take money and other possessions at the time of their apprehension, many of them could not afford to buy any food or drink in detention. Hence, as a combined result of hunger, torture, poor sanitary conditions and grief, most of the deportees arrived in horrible health conditions. During detention, some of them were kept in the open air exposed to heavy rain and extreme cold temperatures. Others were detained in containers where 40-50 people were tightly compressed in a single 0 feet container. Before they were finally expelled, most of the deportees were kept for durations ranging between three and thirty days, without any charges brought against them, under terrible and extremely unhealthy detention conditions. The manner in which these people were transported is also horrendous. Although most of the deportees could have been air-lifted, they were forced to go through long arduous and exhausting routes, loaded on buses which speeded off for -4 days and nights. Except for some - hours a day when they had to stop for fueling or other needs of the drivers, the deportees could not stretch their legs inside the crowded buses to which they were confined all the way through. The deportees, including their families and relatives, were kept in the dark so they would not know the route they were taking. This cruel act was devised in order to increase the anxiety and sufferings of both the deportees and their families, as well as to make it difficult for the people to arrange meeting places with their families. As a result of the heat, exhaustion and depression, they sustained severe health problems.

On May 1, 1 Ethiopia launched a massive attack against Eritrea and successfully retook disputed territories that Eritrea had occupied at the beginning of the war, while seriously weakening the military capacity of its former ally. The two countries on June 18 agreed to a cessation of hostilities agreement brokered by the Organization of African Unity (OAU). The two-year conflict was estimated to have killed and wounded tens of thousands of soldiers and civilians and uprooted nearly a million people. Displaced Eritreans fleeing the fighting credibly reported the involvement of the Ethiopian army in large scale destruction and looting of civilian property, the harassment of civilians, particularly men of military age, and in a high incidence of rape. By early 000, Ethiopian authorities, citing broad threats to national security, had forcibly expelled some 70,000 Ethiopians of Eritrean origin to Eritrea. The government arbitrarily seized those of Eritrean descent, held them in harsh detention conditions and allowed no challenge to their expulsion. An estimated forty thousand Ethiopian residents of Eritrea returned to Ethiopia under force in the months that followed the outbreak of hostilities. Eritrean authorities jailed thousands of Ethiopian residents under harsh conditions in the wake of Ethiopias offensive in May, citing unspecified threats to national security, and the need to protect the incarcerated from angry mobs. By the end of June, in addition to the tens of thousands who had fled at the onset of the war, some 4,600 Ethiopian residents left Eritrea after their release from weeks of confinement. Their repatriation occurred under the auspices of the International Committee of the Red Cross (ICRC), acting as a mutually accepted neutral intermediary. Eritrea also repatriated several thousand Ethiopian residents without prior coordination with the ICRC and their government.

Elections went ahead on May 14, two days after Ethiopia launched its largest military offensive against Eritrea since the beginning of the war. The government denied claims that the timing was meant to give an advantage to its ruling coalition, and said it needed no such assistance to win the elections. Independent opposition parties and coalitions of ethnically based groups opposed to the government continued to face severe government restrictions that limited their ability to freely compete in elections. On October 10, in its first sitting, the new parliament reelected Meles Zenawi prime minister for a five-year term. Allegations of fraud and violence marred the May elections, particularly in rural areas. The independent monitoring group Ethiopian Human Rights Council (EHRCO) reported election related incidents of abuse of opposition candidates and supporters, including killings, the arbitrary detention of opposition candidates and their transfer or dismissal from employment, and incidents involving the wounding of opposition supporters by gunshots. EHRCO also reported in February that Ethiopians of Eritrean descent who remained in the country could not participate in the May elections because authorities questioned their citizenship. In early March, Beyene Petros, chairman of the opposition Southern Ethiopian Peoples Democratic Coalition (SEPDC), accused the ruling regime of subjecting members of his party to arbitrary arrest and imprisonment. After the polling started, Petros complained that police had killed seven SEPDC supporters who were protesting against electoral fraud outside two polling stations in the south. Responding to incidents of irregularities and violence, the election board nullified election results in sixteen districts in the southern region and organized fresh elections a month later.

The Ethiopian government continued to restrict the freedom of speech and the press. Twenty-seven Ethiopian journalists lived in exile, having fled their homeland due to repeated arrests and ill-treatment in detention. Among the latest to flee, in February, was Dawit Kebede, editor-in-chief of the Amharic weekly Fiameta, and member of the executive committee of the Ethiopian Free Press Journalists Association (EFPJA). The government only recognized EFPJA in March, seven years after the independent association first submitted its application for registration. The government held another thirty-one journalists in jail during 000, having released them on very high bail pending court hearings. In mid-August, sudden increases in printing costs, by more than a third, put additional pressures on some thirty-six private publications as well as the government press. The private newspapers went on strike from September 11-17, and warned that the high production costs could eventually force them out of print. They urged the government to reduce taxation on imported paper and other printing costs.

There was a marked deterioration of civil liberties in Ethiopia during 001 in the wake of the war with Eritrea. The government jailed civil rights advocates, political rivals, students, and journalists without formal charges, and police used lethal force against unarmed civilians. In July, the foreign minister told journalists that conditions in Ethiopia were not conducive for liberal democracy. The minister of education acknowledged that Ethiopias justice system had major deficiencies. Government agencies, she said, interfered in the justice system. The system also often abused its authority and lacked transparency and accountability. The judiciary was wrongfully associated with the governments violations of human rights. The courts routinely granted extensions allowing individuals to be held in detention without formal charges and without bail while the police investigated, usually at a snails pace. Court hearings convened every several weeks, only to have the court permit the police to investigate for months. Court cases historically lasted for years, during which time activists and government critics, apparently held only for their nonviolent criticism of the government, endured harsh detention conditions. Sometimes charges were eventually dropped; sometimes prisoners were released after months of captivity without charge or trial.

University students in April 001 protested the governments interference with academic freedom. The students main demands were permission to republish a banned student magazine, dismissal of two university administrators closely affiliated with the government, and removal of security troops stationed inside the university campus. While the government initially conceded the first two demands, it did not commit to a schedule for removing the security forces. When students continued to press their demands, the minister of education issued an ultimatum threatening students who did not return to classes with arrest. The security forces efforts to enforce the ultimatum set off clashes on April 17 and 18 that quickly got out of hand as non-students joined in the protests. In suppressing the protest, the police used excessive force, including live ammunition, and conducted massive arrests. At the end of the two days, over forty civilians, primarily students, had been killed and another four hundred injured. Other campuses also witnessed antigovernment protests. The government immediately detained almost ,000 students; although most were quickly released, several hundred were shipped to prisons two hundred kilometers or more from the capital. Aside from those arrested, over one hundred students fled to Kenya and another seventy or so to Djibouti. Because of the mass arrests, prisons became severely overcrowded. While no independent observers were allowed in to monitor prison conditions, prisoners who were subsequently released complained of poor sanitation, leading to the proliferation of water and air-borne diseases such as typhoid, dysentery, and tuberculosis. The Eritrean war weakened economic resources that could have been used to improve the conditions of the civilian population. The Ethiopian government announced that the war cost the impoverished country U.S. $ billion, including the expense of prosecuting the war and the expense of rebuilding and resettlement once the war ended. A local research institute reported that the war had a devastating impact on civilian life through displacement, loss of livestock and stored food grains, and the destruction of houses, social infrastructure, and commercial enterprises. The institute estimated the cost of lost social infrastructure alone to be well over $00 million. Income also dropped as tourism and international investment and aid fell.

In early May, about two weeks after the police actions involving university students, the police arrested two leading human liberties activists, Professor Mesfin Woldemariam and Dr. Berhanu Nega. They were both charged with having incited the students to riot. The government produced no evidence then or since to substantiate the claims. Mesfin was the founder and first president of the Ethiopian Human Rights Council (EHRCO). On the day of the arrests, the government raided and sealed the EHRCO offices. EHRCO was founded in 11 to promote democracy, human rights, and the rule of law, and to document human rights abuses. The government refused to recognize the EHRCO until May 1, and often harassed those engaged in its monitoring activities. While in prison, Mesfin and Berhanu began a hunger strike. This, together with considerable international publicity and pressure, may have facilitated their release on bail in June after a month of captivity. After their release, the EHRCO was allowed to reopen. Harassment of organizations established to monitor and advance civil liberties also extended to other activists. In August, the Ethiopian Women Lawyers Association (EWLA) mounted a peaceful demonstration with several hundred participants to demand that rape laws be strengthened and more aggressively enforced. At about the same time, it received extensive media coverage for its letter to a local newspaper protesting the ministry of justices failure to prosecute an alleged sexual assault by the son of a prominent family. Shortly thereafter, the ministry of justice suspended EWLAs charter and froze its bank accounts. It announced that EWLAs activitys exceeded its charter, without offering details. In mid-October, a trial court ordered the release of ELWAs frozen accounts and the Justice Ministry--under a new minister--restored ELWAs license.

Implementation of the peace agreement progressed relatively well, but both parties repeatedly showed no attempt at a compromise. The Security Council in Resolution 16 (001) passed in September extended the mandate of the United Nations Mission in Ethiopia and Eritrea (UNMEE)--a mission to monitor and help implement the cease-fire agreement--to March 15, 00, and called on the parties to settle all outstanding issues. These included Ethiopias reluctance to supply maps detailing the location of its minefields in Eritrea. About 70,000 internally displaced Eritreans still could not be resettled because of the danger of land mines. Eritrea was accused of infiltrating militia into its side of the buffer zone in violation of the cease-fire agreement but confirmation was difficult because Eritrea restricted the movement of UNMEE monitors. UNMEE reported that no Ethiopian troops remained in the temporary security zone separating the two countries. Both countries continued to evict those identified as the others nationals, causing great suffering to the victims and their kin, and blatantly violating international human rights laws in the process. UNMEE Security Council Resolution 18 (000) imposed an arms embargo on the two parties, but had little success in its effort. The United Nations Committee on the Rights of the Child gave Ethiopia a mixed review in 001. It applauded the governments adoption of a new Family Code. It also welcomed the interim prohibition on the use of corporal punishment in schools but expressed disappointment that the ban had not been implemented. It identified ongoing abuses in violation of Ethiopias own constitution. Many children continued to be subject to the adult justice system because neither a juvenile court nor a juvenile detention facility existed outside the capital; children were often exploited for child labor; and large numbers of children lived and worked in the streets without access to education, health care, or nutrition. The U.N. report echoed an April EHRCO report on the increasing number of abandoned children in Ethiopian cities. In addition, rapes of young girls were common; even when reported, they were usually lightly punished, if at all.

Human rights conditions in Ethiopia did not drastically improve in 00. In southern Ethiopia they significantly worsened Police shot into groups of civilians and conducted mass arrests. Arbitrary arrests, however, were not confined to the south. Those who were arrested were subjected to prison conditions that did not meet international standards and some prisoners were tortured. Courts rarely intervened to stop human rights abuses. The print media was allowed to publish but was frequently harassed. The ruling coalition Ethiopian Peoples Revolutionary Democratic Front (EPRDF) led by Prime Minister Meles Zenawi maintained a firm grip over the federal and state governments. Local elections were subject to intimidation and fraud. The EPRDF also continued to exert control over the judiciary. The government continued to crack down on teachers who criticized changes in education policy and supported the banned Ethiopian Teachers Association (ETA). ETA continued to work to protect teachers rights despite the fact that the government had created a puppet organization with the same name, seized the original organizations funds, and sealed parts of its offices. Seven teachers who supported ETA were arrested in May in Sendafa and held for two months on illegitimate charges, and more than forty teachers who attended a February ETA conference on education for HIV/AIDS were arrested and held for two weeks when they returned home. Between August and October authorities interrupted and dispersed ETA meetings. Government officials threatened teachers with dismissal or withholding of salary if they failed to disassociate themselves from ETA. EHRCO, the most prominent human rights group, issued a number of reports on human rights violations in 00, including on the shootings and arrests in Tepi, Awassa, and Oromiya; on forced roundups of street children who were then dumped in a remote forest; and on abuses against deportees from Eritrea. Two leading members of EHRCO who had been arrested and bailed in 001, charged with inciting university students to riot, appeared in court periodically in 00 but a trial on the merits had not begun at this writing. The Ethiopian Women Lawyers Association, which like EHRCO had been temporarily shut down by the government in 001, faced no government interference in 00.

An independent boundary commission established as part of the December 1 cease-fire agreement released a report with preliminary findings in April. The report generally rejected Ethiopian claims including the claim to the village of Badme, where the war had started. Both countries initially announced that they accepted the commissions decision, but in June the Ethiopian government defied the ruling by voluntarily resettling 10 people from central Tigray to Badme. The U.N. Security Council extended until March 15, 00 the mandate of the United Nations Mission to Ethiopia and Eritrea (UNMEE) to monitor the cease-fire agreement. The border remained calm except for occasional tense confrontations by local civilians and militia with UNMEE peacekeepers. In April 00, the Ethiopian government accused the UNMEE force commander of bias after he drove foreign journalists into Badme from Eritrea, and refused to meet with him thereafter. The U.N. replaced him in October. The U.N. Emergencies Unit reported in February that some areas, notably in eastern Tigray, were still uninhabitable due to the presence of landmines. While no demining had started in Ethiopia, two demining companies were trained, and some survey work had started. In April, after many months of prodding, Ethiopia provided detailed maps of mines its forces had laid in Eritrea to UNMEE. There was a significant decrease in deaths and injuries from landmines and unexploded ordinance from the previous year. Nevertheless, from June to August alone, twelve people were injured and four killed in eleven incidents.

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