Marketing Principles of National Basketball Association (NBA) Essay

Marketing Principles of National Basketball Association (NBA) - Essay Example The major competitor of NBA is MLB (Major League Baseball). MLB constitutes one of the major professional sports league in North America. The attendance in stadium and the revenue hence generated is higher in MLB than in case of NBA. But the noticeable star players are much more in NBA than in MLB. The national imaginations are not captured by MLB personalities. But NBA players are well known even outside the basketball circles. There are not any major differences in the national TV ratings of both leagues. Most of the money is generated through local sports TV networks. Basketball is decidedly spry while Baseball is decidedly gray according to the analysis of TV audience. Both the leagues have lost audience however since the 90s. The demography has a major role to play in the competition in the two leagues. Generally the NBA is followed more by Younger people as opposed to MLB. The marketing strategies and their impact on audience are more effective in case of NBA than that of MLB. (MLP, n.d.) Importan

The Beveridge Report of 1942 Essay Example | Topics and Well Written Essays - 500 words

The Beveridge Report of 1942 - Essay Example These payments were recommended to be used to pay benefits to the poor and unemployed. In this way, the Beveridge Report argued for a universal welfare system where the care of people will be the responsibility of the state. Such a welfare system was never suggested before in the country and therefore this particular recommendation holds great value in history. In the Beveridge Report, it was also recommended that revolutionary measures were required to solve problems that were in front of the country. The report also called for an end to â€Å"sectional interests† (Beveridge Report Executive Summary, 1942, 7) and argued for a system that treated everyone equally. The report recommended that it was time to grow past philosophy of inequality and to treat everyone equally. This was another ponderous recommendation of the Beveridge Report. The report also called for a health care system of a public nature that will offer free health service to all the citizens of the country (BBC, 1942). This was also a unique recommendation given in the report. Such a system had never been proposed by anyone in the country before. Another important recommendation of the Beveridge Report was that there should be a balance between the role of state and the individual citizen. The report made it clear that it was not arguing in favor of communism as it acknowledged the right of an individual to earn more than that is required for him and his family (Beveridge Report Executive Summary, 1942, 9). This was another important recommendation that differentiated the reforms suggested from communist ideas. A person was free to live an economic life but had an obligation towards the state in the form of insurance payments and other payments, in the return of which state promised free health care, unemployment, and other necessary benefits.

Marketing Strategies to Counteract Recession in Hotels

Marketing Strategies to Counteract Recession in Hotels What marketing strategy is best used to counteract the effects of a potential recession on the four star hotel industry in the UK economy? Contents (Jump to) Background and Research Aims Literature Review Proposed Methodology Research Strategy and Resources Required References Background and Research Aim Financial Management (2008) reported that, at a recent CIMA forum for financial directors in the UK, the majority of the delegates believed that the global economic crisis has had far reaching impacts, and will most likely cause a recession in the UK in the near future. This is a view which it widely matched by Campaign (2008), which argues that the coming economic downturn is likely to have adverse impacts on all industries in the UK as consumers, and hence businesses, reduce their spending. However, this article does not advocate that businesses simply give up on attracting new custom, arguing that the businesses with the most successful and creative marketing strategies are likely to be the ones who not only survive any potential recession, but also benefit from it. As such, it is clear that there are two main potential strategies for hotels as the economy begins to contract. They can either choose to contract their operations, focusing on operational efficiency and aiming to cut costs wherever possible, or they can look to use the recession as an opportunity to increase their competitiveness over and above their rivals. This can be achieved via a focus on improved efficiency, costs, quality, or general marketing. However, the argument of Campaign (2008) above tends to indicate that marketing is the main method by which hotels, and businesses in general, can differentiate themselves and maintain revenue and market share in the face of a recession. Both of these strategies are equally valid, however this piece will aim to focus on the more positive of the two: the use of a marketing strategy to counteract the effects of a recession on the UK hotel industry. The hotel industry in the UK is very broad, ranging from the cheap and basic one and two star hotels, up to the extremely luxurious five star offerings which grace many major destinations. However, the majority of attention tends to focus on these two ends of the spectrum, with little thought being given to strategic development and planning for the mid range hotels such as four star offerings. As such, this piece will concentrate specifically on the four star segment, in order to determine what factors drive consumer demand and business success in this segment, and how these factors can be used to develop a marketing strategy to help four star hotels in the UK handle the impact of a recession. Literature Review Many hotels have already started planning for a recession, particularly in the United States, where the economy is in a more advanced stage of recession than the UK. As such, there is value to be obtained from looking at the strategies taken by hotel chains in the US. In particular, Ricca (2008) considers the strategy of the Wyndham Hotel Group, which intends to improve its marketing in order to boost its performance, as well as looking to improve its inventory management and service levels. In addition, the chain will look to boost the use of its loyalty program, helping to grow the company’s brand identity as well as to drive revenue higher in the short term (Ricca, 2008). Another useful study from the literature comes from Barsky and Nash (2008) who reveal that higher end and luxury hotels tend to perform better during a recession when compared to other classes of hotel. This implies that the four stars may be able to improve their performance by aiming to become more exclu sive. In addition, Barsky and Nash (2008) argue that hotel should not aim to cut back on prices and services in a recession, but instead they should aggressively market themselves and focus on customer service, in order to be more competitive than others in the market. Further to this, a major study by O’Neill and Mattila (2006) found that the net operating margin of a hotel tends to be driven most strongly by its average occupancy level, and that the average price per room was less significant. However, this study also showed that the market segment in which the hotel operated; the hotel’s age; any affiliation to a major brand; and a hotel’s size and location also had strong effects on financial performance. This is based on data from the last slowdown in the hotel industry, in 2002, when global terrorism and the dot com crash saw many hotels in trouble. The hotels which performed best in that year were the ones which focused on driving strong occupancy, rather than looking to cut back in size or expenditure. However, O’Neill and Mattila’s (2006) study shows that the mid range hotels were the ones which suffered most in the last slowdown. Looking at the current economic context, Lloyd-Jones (2008) argues that the current state of the economy, combined with the general consensus amongst analysts that a recession is quite likely, means that hotels need to start preparing now. As such, Lloyd-Jones (2008) recommends that property managers should look to use the full range of their marketing strategy, right across the 7Ps, to achieve the most profitable balance between occupancy levels and room rates. Proposed Methodology Unfortunately, given the uncertain nature of the economy, and the fact that no one can accurately predict the nature and severity of any potential recession, it is difficult to be prescriptive about the ideal strategy for a hotel to take to mitigate the effects of said recession. As such, this piece will arguably need to take an approach more in line with contingency theory, where it can make specific recommendations based on the circumstances of individual hotels. This implies that the main methodology should be to use interviews with hotels who are preparing for a potential downturn, as well as those with experience at surviving previous downturns. By determining what strategies, if any, the most successful chains are using to overcome a potential recession, it should be possible to develop a detailed typology of the potential strategic choices hotels can make to deal with economic downturns, and the circumstances in which each strategy is most appropriate. In order to give this typology academic value, it should be firmly based in an existing academic framework. The framework chosen for this paper is the ‘7Ps’ extended marketing mix. The 7Ps are based on the 4Ps introduced by McCarthy (1960): Product, Price, Promotion and Place. However, the 7Ps extends this to include another three factors. Whilst there is some debate over what these factors should actually be, with various writers proposing People, Processes, Physical Layout, Provision of Service, and Physical Evidence; this piece will focus on the three determined by Booms and Bitners: People, Processes and Physical Layout (Kotler and Keller, 2005). This 7P framework will be used to construct the typology, and also to drive the interviews. The interviews will be semi structured interviews, conducted with some senior members of staff from a wide selection of four star hotels throughout the UK. Semi structured interviews have been chosen because they will allow the interviewer to investigate the desired range of topics, whilst also giving the interviewee the chance to provide additional details or to clarify certain points. The main themes for the semi structured interview will be: To determine whether the interviewee has worked at a hotel during a previous recession and the steps they took to overcome that recession. To determine what steps, if any, have been taken to prepare for a potential coming UK recession. To determine the extent to which these steps are marketing focused. To determine which of the 7Ps the interviewee deems most important in using marketing to overcome the effects of a recession. Research Strategy and Resources Required In order to fully ground the typology in the theoretical framework, it will be necessary to obtain a full understanding of the 7Ps framework and its application to hotel marketing. This will be achieved via a complete review of the literature around marketing and the hotel industry. As such, it will be necessary to spend a significant amount of time using libraries and online resources to review a wide range of literature on the subject. This research should also involve a detailed study of the literature around the effects of a recession on consumer demand, and strategies which businesses in general can use to handle a recession. This will be of use in helping to validate the potential strategies which emerge from the interviews, and generally in helping to direct the interviews. Ideally, the interviews will all be conducted via the telephone. This will save on travel costs and time, as well as making the process run smoother. Initially, a large number of four star hotels, around fifty, will be contacted by phone or e-mail, to enquire about the possibility of interviewing senior staff. This will hopefully allow for at least ten interviews with senior staff members across the UK. Once agreement has been obtained, the relevant staff members will be contacted to arrange an appropriate time, and length of time, for the interview. It is expected that this will simply require a telephone and a quiet room where the interviewer is unlikely to be disturbed. A recording device will also be useful, to help with transcribing the interviews later. As the data will be mainly qualitative, there will be little need for any statistical analysis tools, and an appropriate research paradigm will be selected as needed. All interviewees will be informed that the interview is being recorded, but all respondents will be guaranteed complete anonymity. References Barsky, J. and Nash, L. (2008) Are luxury hotels recession-proof? Hotel Motel Management; Vol. 223, Issue 10, p. 14. Campaign (2008) Creativity wont lose its value, even in recession. Campaign; Issue 16, p. 20. Financial Management (2008) UK FDs braced for downturn. Financial Management; June 2008, p. 6. Lloyd-Jones, A. R. (2008) The Prognosis for Hotel Occupancy and Average Rate in a Slowing Economy. Real Estate Finance Journal; Vol. 24, Issue 1, p. 29-33. McCarthy E. J. (1960) Basic Marketing: A Managerial Approach. Homewood IL: Irwin. ONeill, J. W. and Mattila, A. S. (2006) Strategic Hotel Development and Positioning. Cornell Hotel Restaurant Administration Quarterly; Vol. 47, Issue 2, p. 146-154. Ricca, S. (2008) Wyndham: Recession strategies in place. Hotel Motel Management; Vol. 223, Issue 10, p. 1-62.

Female Direction of Shakespeares As You Like It Essays -- Shakespeare

Female Direction of As You Like It      Ã‚  Ã‚  Ã‚   In As You Like It, Jaques states that "All the world's a stage,/ And all the men and women in it merely players./ They have they're exits and their entrances,/ And one man in his time plays many parts" (II, vii, 138-141). That very well might be true. But if life is a stage traditionally controlled by a man, what parts does that leave for the women of the world? The female answer to this question is that if you don't like your part, change it, and if you don't like the direction, follow someone else. And that is exactly what all-female Shakespeare does. It explores roles for women, roles that women don't traditionally get to play. All-female productions of Shakespeare, as well as female-directed Shakespeare, differ from tradition productions. Female-centered shows tend to revolve around the idea that gender matters, but it does not matter any more than age, politics, socio-economic concerns, or any other defining characteristics found in any given person. Female dire ctors tend to want to stretch the meaning in Shakespeare's plays, be radical, new, and expansive. Female directors gravitate toward a conception of the show filled with characters that happen to be specific genders, not gendered people who happen to be individuals. This makes the theme of the play revolve more around relationships and not around gender stereotypes and a confirmation of traditional gender constructs. Clearly, gender does matter to female directors. However, gender is only another means of adding dimension to a character. For female directors, the characters' relationships are more important than their gender, and it is through the exploration of gender that these directors seek to push limits and expand bo... ...st At Theatre 3." Greenwich Village Gazette. Available online: http://www.judithshakespeare.org/main_reviews.htm Merritt, Erin. Personal Interview. November 6, 2002, via email. Neely, Carol Thomas. Lovesickness, Gender, and Subjectivity: Twelfth Night and As You Like It. A Feminist Companion to Shakespeare. Blackwell Publishers. 2000. Shakespeare, William. As You Like It. The Norton Shakespeare. W.W.Norton & Company, Inc. 1997. Turner, Jeff. As You Like It. On-stage Studies, Vol. 19. University of Colorado. 1996. Werner, Sarah. Shakespeare and Feminist Performance. Routledge. New York. 2001. Woman's Will Website. Brochure. Available Online: http://www.womanswill.org/brochure.html Zell, Allison Eve. "Measure for Measure: Sexual Downplay." TheatreMania.com. Available Online: http://www.malialoke.com/gwen/natalie/index.php?x=article_misc01.php

Prince Sports

Prince Market Analysis As the sport continues to experience growth due to the younger interest, Prince has created its own death warrant because it fails to see how it can create a positive and lasting strong hold in a market that has seen a recent upswing. One of the things that sticks out the most to me was the amount of time it took for Prince to realize its superior position in the niche market of tennis and other racket designated sports, I can’t grasp the idea that Prince was not already a major contender in the market.As the sports world is going through a makeover with sport phenoms seeking commercial backing, Prince has assured itself through social networking and sponsorship of young talented athletes is a way to snare young and upcoming players, pro or not. But, this very same issue can be seen as a down fall as well, to either the competitor or Prince. If Prince misses one or two up and coming players, no harm; but potentially missing out on millions in sales would devastate a younger company, a younger company must be spot on in their choices.Every match, win or lose, the player is getting recognition from the media, never a down side to branding unless the athlete does not become the star once thought possible; get them while they are young and you will create a devoted consumer (fan). In my opinion, Prince failed to protect itself when they entered into the arena of hosting minor events. I feel this is their biggest mistake.By doing so the competition should be able to see that doing the very same thing and co-branding with accessorizing services and or products can create a dent in the growth Prince would have seen from their own venues. Reason being, Prince is only one company while there are millions of up and coming stars that are looking for the backing of a corporate sponsor that stands behind its product’s with stellar customer service and an unwavering and resilient front in research that pushes the game to the next level.Th is is the only saving factor that Prince can rely on to push back the low end producers of equipment and apparel. But, a company with the ability to create and research new methods of manufacturing, innovative and out of the box designing (product and advertising), would create not only a sizeable but growing market saturation by merely addressing the latter. A new and upcoming player is a walking billboard, that when touched with social media and any airtime, frenzy can ensue for the product line and or services sponsoring the young athlete.A young and new exciting player that has a bankable and commercial attitude can spawn millions in sales for the company that sponsored them prior to athletic stardom. This is where Prince failed to cover their†¦well let’s just say door! As a new and upcoming player seeks to lay waste to the competition and seek to better their own bottom line through securing ad time for a bevy of products that may or may not have anything to do with tennis. The competition has done two things by always being at the beckoning call of the up and coming billboard, I mean star.The most important thing, the branding of their product, each and every time a camera shot is taken at a competition, or an interview on ESPN after a match, the competition has assured itself a front row seat into the pockets of player’s novice and professional. Second, by assuring co-branding and sponsorship, a two prong social media attack can be placed on the efforts to grow market share and sustainability created by a dual marketing campaign lodged against Prince by the competitor and fellow co-sponsor of the athlete.Co-sponsorship and branding however also limits the exposure a company could have in backing a new and upcoming athlete. By splitting the cost needed to sponsor an athlete I would only assume the money could be positioned to assist in other areas of concern such as research or ad time. This is where Prince failed to see itself, which I see as a flaw in their approach to assure continued growth, even if a new competitor copied their same exact plan. The competitor would fail because Prince would have all or some of the major accessorizing companies already on board.Again, this would also assist with in-house needs for cash that could be pooled for other pressing issues. But even with this idea in place, Prince would have to reshape their departments to assist those that would need the authority to make decisions on the spot with good information without the input of groups that may slow the process. A new competitor would already have thought of because it would need to be nimble and quick to decide (with good information) when creating co-marketing agreements and scouting new talent.Any competitor can see that the grass root approach to introducing, researching, collaborating, and a well-executed marketing plan can easily remove Prince as a Juggernaut in the tennis arena. Prince left the back door open in anothe r arena as well. Social media is not a proprietary component and can cease to exist overnight if the public is no longer interested in it. This is where I think Prince left the door open and could be the second reason they fail to maintain growth. Having access to the needs and wants of a customer is the winning factor that all companies seek to gorge themselves on.A competitor would merely need to address the customer in a variety of ways. With the growth of the smartphone being the comparison of a personal computer and seen as a personal device like a toothbrush. A competitor merely needs to create a social platform that allows the consumer to be a part of the company through beta testing, questionnaires, sweepstakes, and other client building venues that assures growth for all involved because of the co-sponsoring and branding approach to introduce services and products; trending at its finest without the need to specialize.A competitor merely would have to create a smartphone ap plication and its own social media web based portal that can be reached via a plug-in to the most widely used social media networks. Novice to professional players would be a great form of information needed to create or improve a better product with little to no amount spent in collating ideas needed to assure sustainability and new growth as they carve into the juggernauts once strong hold on a growing sport.I do see however an avenue that could assure Prince an edge with the current dilemma which it faces; but it also comes with a problem. The problem; the window of opportunity is based upon accepting an outside infusion of creativity by creating a major annual event. Doing so would create more than what they currently have because of the vendors and or bigger companies that would want to be invited or pay for a chance to main stream their idea and or company at the annual event.I would assume that a bigger opportunity would be created as the media and social media networks for t he rights to air the event. It is my personal belief that Prince has become a sloth, slow and predictable. Its advantageous growth was due to an influx of new consumers, Price’s timing and position made it the lead in a once slow and dwindling sport. Prince’s obvious and monolithic stance does not provide it the nimble agility that an aggressive and blood thirsty competitor has when trying to grasp a growing market share that can dwindle away just as fast as it came.

A critical study on the contributions of sir henry maine

Whereas Savings and his followers invoke history in the name of tradition, custom and nation against the belief n conscious and rational law making, the second movement, which one might call philosophical histories, develops a definite legal philosophy from the evolution of history. L The exponents of the historical school of Jurisprudence take social institution in their sequence with primacy to primitive legal institutions of society. Thus the school does not attach importance to relation of law to the state but gives primacy to the social institutions in which the law develops itself.While the analytical school pre-supposes the existence of a well developed legal system, the historical school concentrates on the evolution of law from the primitive legal institutions of the ancient communities. The task of Historical school is to deal with the general principles governing the origin and development of law and with the influences that affect the law. The 19th century analytical posi tivism pioneered by Austin, Hart and Keelson in England described law as a coercive command issued by the sovereign devoid of moral or cultural values.They regards law as a creation of arbitrary creation whose sanctions are not embedded in its historical past but emanate from the state authority. It treats law as a command of the state which the subjects are bound to obey, the disobedience of which would lead to penal consequences. The revolutionary ideas generated by positivistic legal thinking had a 1 Legal theory by W. Friedman, fifth edition, page no. 209, universal law publishing Co. Ltd. , New Delhi devastating effect as they failed to meet the needs of the people.Consequently, it led to the emergence of new approach to the study of Jurisprudence based on history and historic conception of law. Historical Jurists banished ethical considerations from resurgence and rejected all creative participation of Judge and Jurist or law-giver in the making of law. They propounded the vie w that all universal ideal principles of by historical study. Frederick Pollock, one of the ardent supporters of historical school firmly believed that morals, as such were out of the domain of Judge or Jurist. It is, however, a different matter that even customs immemorial should not be opposed to morality.Vic in ItalyÃ'› Nonentities in France, Burke in England and Hugo and Herder in Germany heralded a new era in the development of legal theory and viewed law as legacy of the past and product of customs, traditions and beliefs prevalent in different communities. The historical Jurists believe that law has biological growth and it has not evolved in an arbitrary and erratic manner. According to Sir Henry Maine, Nonentities (1689-1755) was the first Jurist who adopted historical method of pursuing the study of legal institutions and came to the conclusion that â€Å"laws are the creation of climate and local situations†.He did not probe further into the relationship between law and society but pointed out that law must keep pace with the changing needs of the society. Four Stages of Development of Law The supporters of historical school of Jurisprudence have traced the evolution and development of law through four major stages. They are as follows:l . Divine Law- In the beginning law originated from Themes, which meant the Goddess of Justice. It was generally believed that while pronouncing the Judgments the King was acting under the divine inspiration of goddess of Justice.Themes were the awards pronounced by the Goddess of Justice (Themes) to be executed by the King as a custodian of Justice under the divine inspiration. Thus the King was merely the executor of Judgment of God. The dooms of Anglo-Saxons pertain to this category of segments or commands. 2. Customary Law- Next, the recurring application of Judgments led to uniform, practice which crystallized into customary law to be followed in the primitive societies. The importance of customs as a s ource of law has been underlined by Sir Henry Maine when he observed that ‘custom is to society what law is to state'. . Priestly class as a sole representative of customary law In the next stage of development of law, the authority of the King to enforce and execute law was usurped by the priestly class who claimed themselves to be learned in law as well as religion. The priestly class memorized the rule of customary law cause the art of writing had not developed till then. They applied and enforced the customary law. 4. Codification – The era of codification marks the fourth and perhaps the last stage of development of law.With the discovery of the art of writing, a class of learned men and Jurists came forward to denounce the authority of priests as law- givers. They advocated codification of law to make it accessible and easily knowable. This broke the monopoly of priestly class in matters of administration of law. The ancient Hindu code of Mann, Hebrew Code, Solon' s Attic Code, Twelve Tables in Rome, the codes of Hamburg etc. Re some of the examples of such law codes. Anthropological investigations into the nature of primitive and undeveloped systems of law are of modern origin and might be regarded as a product of the Historical school.Pride of place will here be accorded to Sir Henry Maine (1822-1888), who was the first and still remains the greatest representative of the Historical movement in England. It is not easy to place Amine's contributions to the theory of law. He began his work with mass of material already published on the history and development of Roman law by the German historical school, and he was able to build upon that and also to bring to bear a more balanced view of history than is found in Savings. Maine however went further. He was learned in English, Roman, and Hindu laws and also had the knowledge of Celtic systems.In this respect he parts company with the German historians. Instead of stressing the uniqueness of nat ional institutions, he brought to bear a scientific urge to unify, classify and generalize the evolution of different legal orders. 2 Comparative method of study for the purpose of a project on law was found useful by the scholars of Historical school. The scope for comparative approach to study of law as immensely widened with the advances in legal literacy and exchange of legal knowledge between various countries.To quote an illustration, the 42nd report (1971) of the Law Commission of India on the reforms in the Indian Penal Code drew heavily on the comparative material from several continental countries such as US criminal law and other sources. The material available for comparative study of law may vary in form and include Code, law books, reports of law reform agencies and so son. The jurists made a comparative study of legal institutions of various communities to trace the evolution and development of law. They applied comparative method in the study of law with the object o f enabling the legal philosophers to construct 2 Jurisprudence by R.W. S. Aids, fourth edition, page no. 532,533;Buttonholer & Co. , publishers Ltd. 1976 abstract theories of law or to assist the historian in tracing the origins and developments of legal concepts and institutions. The distinguishing feature of this comparison was that it did not consist of mere description of differences which existed between the concepts, rules, or institutions of the law under examination, but also probed more deeply into the matter with a definite purpose in view. This helped considerably in unification of divergent laws.Thus the supporters of comparative method of law did not believe in mere compilation of information about concepts, rules, etc. But they also tried to analyses the variations in the existing laws within and outside the country in order to reform their legal system. Sir Henry Maine is considered to be the fore-runner of this approach of law. 3 It is Sir Henry Amine's work which st ands out as the most important and fruitful application of comparative legal research to a legal theory inspired by the principles of historical evolution. Approaches to the study of law, and history in particular, which was destined to bear abundant fruit in the years to come. 5 Studies on Jurisprudence and legal theory, by Dry. N. V. Appearance; page no. 39, fifth edition, central law agency publication Legal theory by W. Friedman, fifth edition, page no. 214, Universal law publishing Co. , Ltd. New Delhi 5 Jurisprudence by R. W. S. Aids, fourth edition, page no. 533 SIR HENRY MAINE (1822-1888) Sir Henry James Sumner Maine born on August 15, 1822 at Roxbury in Scotland, took his education in the University of Cambridge and Joined as professor of Civil Law in that University in 1847.While professor of law at the University of Cambridge (1847-1854), Maine also began lecturing on Roman law at the Inns of Court, London. These lectures became the basis of his â€Å"Ancient law: It's c onnection with the Early History of Society, and it's relation to Modern Ideas (1861)†, which influenced both political theory and Anthropology, the latter primarily because of Amine's controversial views on Primitive law. To trace and define his concepts, he drew on Roman law, Western and Eastern European legal systems, Indian law, and Primitive law.Although some of his statements were modified for invalidated later research- Ancient law is noted for its general lack of reference to authorities and its failure to cite supporting evidence for its conclusions- his study helped to place comparative jurisprudence on a sound historical footing. A member of the Council of the Governor General of India (1863-1869), as a successor of Lord Macaulay, Maine was largely responsible for the codification of Indian law. He studied ancient law of India and drew a comparison between the Indian law and the laws of western societies.In 1869 he became the first professor of Comparative Jurisprud ence in the University of Oxford and he occupied the chair till 1877. Thereafter, he held the distinguished post of the Master of Trinity Hall, Cambridge until shortly before his death in 1888. Among other works of Maine, his books entitled Village Communities', lectures on the ‘Early history of Institutions' (1875), a sequel to his ancient Law, ‘Dissertation on Early Law and Custom' deserve special mention. Maine was the recipient of remarkable number of honors, medals and distinction. His contributions to historical jurisprudence are so great that he is labeled as ‘Social Darwinist' for he envisaged a social order wherein the individual is finally liberated from the feudalistic primitive Onondaga. Amine's Views on Development of Law One peculiar feature of historical method in the context of study of law is that it is not confined to pure law. Even though the material directly under study may be legal, the factual material that comes to light may transcend the ex clusive legal field. It is so, because social and legal factors cannot always be reduced to water tight compartments.Any appraisal of the precise reason for a particular law necessitates special attention to the effect of relevant social, physical, demographic and ideological variables. This view finds supports in the writings of Sir Henry Maine who lived that historical research served as a useful tool to make the present more understandable. Sir Henry Maine, through his comparative researches came to a conclusion that the development of law and other social institutions has been more or less an identical pattern in almost all the ancient societies belonging to Hindu, Roman, Anglo-Saxon, Hebrew and Germanic communities.Most of these communities are founded on patriarchal pattern wherein the eldest male parent called Pater familial dominated the entire family including all its male and female members, children and slaves as also the property. The word of the Pater familial was law t o them, which they were supposed to follow. There were, however, some communities which followed matriarchal pattern in which the eldest female of the family was the central authority to manage all the affairs of the family.It is because of his kinship, namely bold relationship with the family that a person acquired status. Thus the law of person was to be determined on the basis of his status. In ancient societies, the slave, servant, ward, wife, citizen etc. All symbolized statuses which the law recognized in the interest of the community. According to Maine, Pater-familiar constituted the lowest unit of primitive communities. A few families taken together formed the Family-Group which consisted of union of families.An aggregation of families constituted Gene which in turn led to the formation of tribes. A collection of tribes formed the community which Maine termed as commonwealth. It was in this manner that the early primitive societies evolved, their relation being regulated by the law of status which was also called as law of persons. Obviously, the individual member of the family had no individual existence than his status as a son, wife, servant etc. s the case may be. Similarly, servants and slaves had no rights in the early law.LaWs Development through Legal Equity and According to Henry Maine, when a primitive law is embodied in a Code, there is an end o its spontaneous development and such communities are static societies. Therefore, if certain changes are desired in the law, they have to be effected deliberately with the conscious desire of development. The societies which continue development of law in this manner are called progressive societies by Maine. There are three methods by which the progressive societies develop their laws. They are (1) Legal Fictions, (2) equity, and (3) Legislation. 1 .Legal Fictions – Legal Fictions change the law according to the changing needs of the society without, however, making change in the letter of l aw, Maine defines ‘legal fiction' as â€Å"any assumption conceals or effects to conceal the fact that a rule of law has undergone alteration, its letter remaining unchanged, its operation being modified†. According to Sir Henry Maine, fiction is a device to extend new rules to old situations, to new circumstances with a minimum of intellectual effect. In his opinion, a legal fiction is a very useful agency of development of law to suit intricate and nutty situations.A legal fiction pre-supposes certain assumptions made on the basis of which the law assumes certain things to exist which do not exist in reality and thus adopts itself to new circumstances. 2. Equity – Equity consists of those principles which appeal to the conscience of human being. These principles were invoked to remove the defects existing in the common law in England. The rigidity of common laws Judges forced people to approach the King for Justice. The King entrusted the task of administration of Justice to the Chancellor who was also the head of the Exchequer.Though not learned in law, the Chancellor helped in the administration of civil Justice through principles of justice, equity and good conscience. In Rome, similar functions were performed by Praetor who tried to remedy the deficiencies in the existing civil law. Thus Henry Maine defines Equity as, â€Å"a body of rules existing side by side of the original common law, founded on distinct principles and claiming incidentally to supersede the common law by virtue of a superior sanctity inherent in those principles†.In course of time, equity became a system of law which reached maturity and impoliteness and finally the Judicature Act, 1873 amalgamated the common law courts and the chancery courts (I. E. Equity courts) in the High Court of Justice and it was provided that in case of conflict or variance between the law of equity and the common law, the rules of equity were to prevail. The property legislation o f 1925 in England cause Equity to go a second transformation as it brought about a complete fusion of the systems of common law and equity into one integrated system of law.The origin of Equity law can be traced back to the 13th century when traditional hat time suffered from three main defects, namely, (1) absence of remedy in certain cases; (2) inadequacy of remedy; and (3) excessive formalism. These defects were sought to be removed by three Jurisdiction by equity law namely, (1) Exclusive Jurisdiction, (2) Concurrent Jurisdiction, and (3) Auxiliary Jurisdiction of equity. The origin of the concept of trust, appointment of receiver to administer property of the deceased etc. Ell under exclusive Jurisdiction which provided relief to divorced women and protected the rights of inheritance of the children of the deceased person for which there was no remedy available under the common law. The remedies of the specific performance of contract, injunction etc. Came under the concurrent Jurisdiction of equity law which provided relief in matters where, a relief though available under common law, was inadequate. The examination of witnesses on commission set off (I. E. Settling different claims of same parties to litigation in a single suit) etc. Re some of the instances of auxiliary jurisdiction of equity which sought to mitigate the rigors and rigidity of common law due to complexity of procedure. Thus it is evidently clear that equity came to supplement the common law and not to supersede it. 3. Legislation – Legislation is the most effective method of law-making. It is considered to be the most systematic and direct method of introducing reforms through new laws. The power of the legislature to make laws has been widely accepted by the courts and the people all over the world.Legislation is the most powerful instrument of legal reform, and so great is its superiority over other methods of evolution of law that the tendency of 1 1 advancing civilization is to acknowledge its exclusive claim, and to discard the other sources as relics of infancy of law. 7 Movement of Progressive Societies from Status to Contract With the march of time the institution of Pater-families withered away and now rights and obligations were dependent on individual contracts and free negotiations between persons.This led to disintegration of the family system and emergence of contractual relation between individuals. In other words, now the individual could take final decisions himself without depending on the head man of the family. The Banishment doctrine of Individual freedom freed slaves from the bondage of their master and now they could have rights and obligations like any other person. Thus emerged a free society with freedom of individual in various spheres of life.The freedom of individual in economic field has been called as doctrine of laissez fairer which struck a blow to the notion of status as the basis of law. These changes in the pattern of so cieties led Sir Henry Maine to conclude that ‘movement of progressive societies has hitherto been from status to contract'. In India also emancipation of women from the domination f males, freedom available to individuals in social, economic, and political spheres of life, improvement on the condition of labor and workers etc. Evinces that there has been a shift of emphasis from status to contract in modern times.The transformation of English as well as Indian society from feudalistic pattern of individualistic set up, has brought in its wake a radical change in the status of servants, agricultural workers etc. The incapacitates of Hindus in codification of Hindu personal laws in 1955-56. 8 Reversal of Trend from contract to status It must, however, be stated that with the advance of time and due the impact of industrialization, arbitration and modernization, new problems of poverty, unemployment, hunger, ignorance, disease etc. , have cropped 7 Studies in Jurisprudence and le gal theory by Dry. N. V. Appearance, page no. 0 to 44, fifth edition, central law agency publication In modified Hindu law Kart of the family who was the eldest male member of the family, dominated his authority but the codification of Hindu law has done away with the discrimination, inequality and subjugation of women liberating them from the domination of men. The new concepts of liberty, equality, freedom and individualism symbolize movement of progressive Indian society from status to contact. Up giving rise to inequality between individuals and group within society. Consequently, there came a counter current of reversal from contract to status in the life time of Maine himself.It was realized that the idea of freedom of contract between powerful capitalist and starving labor class led to catastrophic consequences resulting in exploitation of workers. This led to the emergence of Trade Unionism. The workers now formed their associations and instead of individual freedom of barga ining their wages and facilities, their Trade Unions had the power of group bargaining. That apart, several labor welfare legislation such as the Minimum Wages Act, Factories Act, Trade Unions Act, Workmen's Compensation Act, Employees Liability Act, Industrial Disputes Act, Payment of Bonus Act, Bonded Labor (abolition)Act, Contract Labor (Regulation) Act, etc. Have been enacted to improve the service conditions and bargaining capacity of workers in order to free them from the unscrupulous industrialists and capitalists. With the increasing role of the state in a welfare state, it has assumed the functions of a regulator to secure a social order based on Justice, equality, liberty and fraternity. These progressive welfare measures have forced upon the individual worker a new kind of status where he does not bargain individually but does so collectively through associations or unions.Commenting on this reversal from interact to status, the Chief Justice of the Bombay High Court in P arka's cotton mill Ltd. V. State of Bombay, interracial remarked: â€Å"We must not forget that we are no longer living in the age of laissez fairer and the relation between employer and employees are no longer solely governed by the principles of contract. Contractual rights and liabilities are now subject to the principles of industrial law and also principles of social Justice. † With the changing role of the states, its functions have also radically changed. Now there is greater interference of the state in the individual's activities. Even the