Critical Evaluation of a Marketing Concept (WCM) versus Marketing Practice (MLC)

Critical Evaluation of a Marketing Concept (WCM) versus Marketing Practice (MLC) Introduction Marketing has become an important factor in the current business world because it gives the organisation a competitive edge over its rivals. The essence of marketing is to inform consumers about the existence and value of products or services. Potential customers are also persuaded and convinced to purchase the products. Marketing is considered to be a critical function in business.Advertising We will write a custom essay sample on Critical Evaluation of a Marketing Concept (WCM) versus Marketing Practice (MLC) specifically for you for only $16.05 $11/page Learn More The marketing manager needs to understand the buying behaviour of customers to be able to choose the best strategies of marketing. The manager is able to properly analyse the market, as well as the market segmentation and choose the best market targets for the products or services (Kotler Keller, 2012). Organisational behaviour has shaped the views of researchers, academics, practi tioners, and journalists. Marketing practice and marketing concept are two terms that are used to explain this. These are two terms that are considered to be very important in organisations because they help in efficient marketing of products or services. This article is going to critically evaluate marketing concept and marketing practice. The paper will apply the two terms in a real world organisation, the Pizza Hut Company. The Pizza Hut Company is based in the United States, although it has branches internationally. Definition of Marketing practice (WLC) and Marketing concept (WCM) Marketing concept The aim of any organisation is to achieve its set goals and objectives. One of the ways the organisation can achieve its goals is through marketing. The term marketing concept can be defined as a philosophy of the organisation through which it can best achieve its goals and objectives by identifying customer needs and wants and satisfying them (Jobber, 2012). The term concept refers to a general structure of something, while the term marketing refers to the ways a product is moved through the distribution channel to reach the final consumer, or the target market. Therefore, it has to be considered that the marketing strategy should incorporate the needs of the target market when devising a marketing concept. The marketing concept includes approaches on how to deliver the required products to the market (Keegan Hollensen, 2012).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Marketing practice These include the activities that are carried out in order to make a product or a service easier to market. These are activities like branding, blending, and product development. The activities give the company a competitive edge over its rivals. The marketing concept used by the Pizza Hut Company It is important to first understand the market before coming up with a s trategy on how to market the products. This includes understanding customers’ behaviours, as well as their needs and wants (Nakata, 2002). Pizza Hut has a clear understanding of the market, thus it has been able to establish its operations in many locations in the US and around the globe. The company understands the nature of the market and the competition it is bound to face from other companies, such as McDonald’s. It, therefore, positions itself strategically to get a competitive advantage over its rivals. The next factors in marketing concept are segmentation and market selection. It is important to note that the marketing role of Pizza Hut is to make sure that it meets all the consumer needs and make money in return. Market segmentation involves dividing the market depending on the needs of consumers. People who have similar needs and wants are put into one segment. The company is able to allocate its resources efficiently through market segmentation. Pizza Hut ha s been successful in addressing the needs of consumers and segmenting the market. Other marketing concepts that are of significance are differentiation and positioning. A company should produce goods or services that are unique in their own way. The products or services should be a notch higher than those of competitors (Blythe, 2005). The company produces goods that address the specific customer needs through differentiation. The goods are also unique compared to those of competitors. Pizza Hut offers different styles of pizza, thereby addressing specific consumer needs. The pizza then comes with side dishes. The accompaniments enhance the Pizza Hut products and position the company strategically in the market.Advertising We will write a custom essay sample on Critical Evaluation of a Marketing Concept (WCM) versus Marketing Practice (MLC) specifically for you for only $16.05 $11/page Learn More The marketing manager needs to come up with a marketing plan that is effective in order to develop a successful marketing concept. The manager should plan how the products are developed and how they reach the customers (Silber Kearny, 2011). This involves the services offered by the company that help in attracting the customers. For instance, Pizza Hut restaurants are divided into 3 categories depending on the services offered. There is the full service restaurant where customers sit in the restaurant for service. There is also the home service restaurant where pizzas are delivered to customers in their homes. Finally, there is the restaurant based delivery that includes a full service restaurant together with deliveries, as well as take away services. The third category is a plan that is meant to reach a wide range of customers since it reaches those who are not willing to travel to the restaurants, as well as those who are willing to have their pizzas at the restaurants. Creativity and innovation are also present in the Pizza Hut Company. Creativity and innovation have made the company produce pizzas of different styles to suit the needs of a wide range of customers. Creativity and innovation have been the driving forces behind Pizza Hut Company’s success. The two factors have helped Pizza Hut become competitive and survive in the market that has competitive players such as McDonald’s. Creativity has played a part in the success of the company’s supply chain management. The company has restaurants all over the US and across the world (Chaffey Ellis-Chadwick, 2012). Its products are made in each restaurant to make its supply chain more effective. It also improves supply efficiency. Pizza Hut operates in a market structure that could be considered as monopolistic in nature since there are large players that tend to dominate a big share of the market. These are players like McDonald’s. Pizza Hut is also among the dominant restaurants considering that it has over 6,000 outlets in the US. Comp etitive organisations need to hire the best talents. This has to be done via careful recruitment, training, as well as career management (Chaffey, 2009). Top talents help the company in innovation and creativeness, thereby creating a competitive advantage for the firm.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Pizza Hut has an HR department that ensures the best talent is recruited into the organisation. The management of Pizza Hut is comprised of skilled and knowledgeable people. The employees are also effective in decision making and implementation. Marketing Practice These are practices that give the business a competitive edge. A number of the practices are similar to those of marketing concepts. Some of the concepts include market assessment, competitive positioning, planning, product development, branding, segmentation, customer understanding, management, selection, supply chain management, market role definition, and talent management. All these practices are the similarities that are common with the idea of market concept and that of market practice (Palmer Hartley, 2011). However, there are other functions that are present in market practice, but they are not available in the market concept. They include portfolio management, market communications, promotions, pricing, sales sup port, and measuring performance. Portfolio management involves diversification that entails the company investing in products that have high potential of growth (Holbrook Hulbert, 2002). Pizza Hut has managed its portfolio effectively by offering different types of pizzas and side dishes in various locations. The company needs to have an effective marketing communication strategy to enhance its promotional activities and sales support. This will help it edge out the competition it faces from its closest rivals. Pricing will also be a viable practice, especially in the current competitive market. The Pizza Hut Company should offer products at relatively low prices, but it should also ensure profitability and quality of its products are maintained. The company needs to measure its performance to determine whether it is making profits or losses after all its marketing concepts and marketing practices have been applied. The company should consider reviewing its practices if it does not set objectives. On the other hand, Pizza Hut should find ways of maintaining the good performance and possibly improving if it meets its performance objectives. Conclusion and Recommendation Marketing is a source of competitive advantage to any organisation. The Pizza Hut Company has been able to adopt successful marketing concepts and practices. The concepts and practices enable the company to open operations in various locations in the US, as well as across nations. However, the company needs to improve on its pricing strategies in order to gain a competitive advantage over McDonald’s. McDonald’s is known for its cheap and quality products, which have been its major competitive tools. Pizza Hut can overtake McDonald’s if it reviews its pricing strategies. Marketing communication and promotion should also be stepped up to popularize Pizza Hut’s products. List of References Blythe, J 2005, Principles and practice of marketing, Thomson Learning, London Ch affey, D 2009, Internet marketing: Strategy, implementation and practice, Financial Times Prentice Hall, Harlow Chaffey, D, Ellis-Chadwick, F 2012, Digital marketing: Strategy, implementation and practice, Pearson, Harlow Holbrook, MB, Hulbert, JM 2002, ‘Elegy on the death of marketing: Never send to know why we have come to bury marketing but ask what you can do for your country churchyard’, European Journal of Marketing, vol. 36, no. 5/6, pp. 706 732 Jobber, D 2012 Principles and practice of marketing, McGraw-Hill, London Keegan, WJ, Hollensen, S 2012, Global marketing management, Prentice Hall, Upper Saddle River, NJ Kotler, P, Keller, KL 2012, Marketing management, Pearson Education, Harlow Nakata, C 2002, ‘Activating the marketing concept in a global context: An MNC country managers’ perspective’, International Marketing Review, vol. 19, no. 1, pp. 39 – 64 Palmer, A, Hartley, B 2011, The business environment, McGraw-Hill Professiona l, New York, NY Silber, KH Kearny, L 2011, Organizational intelligence: A guide to understanding the business of your organization for HR, training, and performance consulting, Pfeiffer, San Francisco, CA

Due Process of Law in the US Constitution

Due Process of Law in the US Constitution How important did America’s Founding Fathers consider the concept of â€Å"due process of law?† Important enough that they made it the only right guaranteed twice by the U.S. Constitution. Due process  of law in government is a constitutional guarantee that actions of the government will not impact its citizens in an abusive manner. As applied today, due process dictates that all courts must operate under a clearly defined set of standards crafted to protect peoples’ personal liberty. Due Process of Law in the United States The Constitution’s Fifth Amendment adamantly commands that no person may be â€Å"deprived of life, liberty or property without due process of law† by any act of the federal government. Then, the Fourteenth Amendment, ratified in 1868, steps up to use exactly the same phrase, called the Due Process Clause, to extend the same requirement to the state governments.   In making due process of law a constitutional guarantee, America’s Founding Fathers drew on a key phrase in the English Magna Carta of 1215, providing that no citizen should be made to forfeit his or her property, rights, or freedom except â€Å"by the law of the land,† as applied by the court. The exact phrase â€Å"due process of law† first appeared as a substitute for Magna Carta’s â€Å"the law of the land† in a 1354 statute adopted under King Edward III that restated the Magna Carta’s guarantee of the liberty. The exact phrase from the 1354 statutory rendition of the Magna Carta referring to â€Å"due process of law† reads: â€Å"No man of what state or condition he be, shall be put out of his lands or tenements nor taken nor disinherited, nor put to death, without he be brought to answer by due process of law.† (emphasis added) At the time, â€Å"taken† was interpreted to mean being arrested or deprived of liberty by the government. ‘Due Process of Law’ and ‘Equal Protection of the Laws’ While the Fourteenth Amendment applied the Bill of Rights’ Fifth Amendment guarantee of due process of law to the states it also provides that the states may not deny any person within their jurisdiction â€Å"the equal protection of the laws.† That’s fine for the states, but does the Fourteenth Amendment’s â€Å"Equal Protection Clause† also apply to the federal government and to all U.S. citizens, regardless of where they live? The Equal Protection Clause was mainly intended to enforce the equality provision of the Civil Rights Act of 1866, which provided that all U.S. citizens (except  American Indians) should be given â€Å"full and equal benefit of all laws and proceedings for the security of person and property.† So, the Equal Protection Clause itself applies only to state and local governments. But, enter the U.S. Supreme Court and its interpretation the Due Process Clause. In its decision in the 1954 case of Bolling v. Sharpe, the U.S. Supreme Court ruled that the Fourteenth Amendment’s Equal Protection Clause requirements apply to the federal government through the Fifth Amendment’s Due Process Clause. The Court’s Bolling v. Sharpe decision illustrates one of the five â€Å"other† ways the Constitution has been amended over the years.   As the source of much debate, especially during the tumultuous days of school integration, the Equal Protection Clause gave rise to the wider legal tenet of â€Å"Equal Justice Under Law.† The term â€Å"Equal Justice Under Law† would soon become the foundation of the Supreme Court’s landmark decision in the 1954 case of Brown v. Board of Education, which led to the end of racial segregation in public schools, as well as dozens of laws prohibiting discrimination against persons belonging to various legally define protected groups. Key Rights and Protections Offered by Due Process of Law The basic rights and protections inherent in the Due Process of Law clause apply in all federal and state government proceedings that could result in a person’s â€Å"deprivation,† basically meaning the loss of â€Å"life, liberty† or property. The rights of due process apply in all state and federal criminal and civil proceedings from hearings and depositions to full-blown trials. These rights include: The right to an unbiased and speedy trialThe right to be provided with notice of the criminal charges or civil action involved and the legal grounds for those charges or actionsThe right present reasons why a proposed action should not be takenThe right to present evidence, including the right to call witnessesThe right to know the opposing evidence (disclosure)The right to cross-examine adverse witnessesThe right to a decision based solely on the evidence and testimony presentedThe right to be represented by a lawyerThe requirement that the court or other tribunal prepare a written record of the evidence and testimony presentedThe requirement that the court or other tribunal prepare written findings of fact and reasons for its decision Fundamental Rights and the Substantive Due Process Doctrine While court decisions like Brown v. Board of Education have established the Due Process Clause as sort of a proxy for a wide range of rights dealing with social equality, those rights were at least expressed in the Constitution. But what about those rights not mentioned in the Constitution, like the right to marry the person of your choice or the right to have children and raise them as you choose? Indeed, the thorniest constitutional debates over the last half century have involved those other rights of â€Å"personal privacy† like marriage, sexual preference, and reproductive rights. To justify the enactment of federal and state laws dealing with such issues, the courts have evolved the doctrine of â€Å"substantive due process of law.† As applied today, substantive due process holds that the Fifth and the Fourteenth Amendments requires that all laws restricting certain â€Å"fundamental rights† must be fair and reasonable and that the issue in question must be a legitimate concern of the government. Over the years, the Supreme Court has used substantive due process to emphasize the protections of the Fourth, Fifth and Sixth Amendments of the Constitution in cases dealing with the fundamental rights by constraining certain actions taken by police, legislatures, prosecutors, and judges. The Fundamental Rights The â€Å"fundamental rights† are defined as those having some relationship to the rights of autonomy or privacy. Fundamental rights, whether they are enumerated in the Constitution or not, are sometimes called â€Å"liberty interests.† Some examples of these rights recognized by the courts but not enumerated in the Constitution include, but are not limited to: The right to marry and procreateThe right to have custody of one’s own children and to raise then as one sees fitThe right to practice contraceptionThe right to identify as being of the gender of one’s choiceThe right work at the job of one’s choiceThe right to refuse medical treatment The fact that a certain law may restrict or even prohibit the practice of a fundamental right does not  in all cases mean that the law is unconstitutional under the Due Process Clause. Unless a court decides that it was unnecessary or inappropriate for the government to restrict the right in order to achieve some compelling governmental objective the law will be allowed to stand.