「華人戴明學院」是戴明哲學的學習共同體 ,致力於淵博型智識系統的研究、推廣和運用。 The purpose of this blog is to advance the ideas and ideals of W. Edwards Deming.

2010年1月29日 星期五

Ford Profit Comes as Toyota Hits a Bump

Ford Profit Comes as Toyota Hits a Bump

Published: January 28, 2010

DETROIT — For roughly two decades, Alan R. Mulally, Ford Motor’s chief executive, has been an unabashed fan of the Toyota Motor Company.

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David Zalubowski/Associated Press

Ford reported its first annual profit in four years.

Matt Nager for The New York Times

An F-150 pickup caught Chris Bailey's attention Thursday at Bankston Ford in Frisco, Tex. Ford expects a profitable 2010.

Sam VarnHagen/Ford, via Reuters

Alan R. Mulally, Ford's chief executive, with a Fiesta on Tuesday at the Washington Auto Show.

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As a Boeing executive in the early 1990s, he made a pilgrimage to Japan to study Toyota’s manufacturing methods, which he used to speed up assembly of Boeing’s 777 jets.

When he joined Ford in late 2006, Mr. Mulally liberally borrowed from Toyota’s playbook — focusing on fuel efficiency, quality and so-called global cars to sell in markets around the world. He even hired away a top Toyota executive, James Farley.

“The finest production system in the world,” Mr. Mulally called Toyota during a dinner with journalists in December 2006.

This week, at least, the student is doing better than the teacher.

Ford, which managed to skirt the problems that forced crosstown rivals General Motors and Chrysler to seek government bailouts, reported a surprising profit on Thursday of $2.7 billion for 2009, its first in four years.

The sharp swing to profit for Ford, from a record loss of more than $14 billion in 2008, stands in sharp contrast to current problems at Toyota, which is struggling to contain the fallout of a global recall over concerns about accelerator pedals.

The fact that Ford is surging while Toyota — the same company whose success has caused the Detroit automakers to lay off thousands of workers — is stumbling is not lost on Bill Jackson, president of United Automobile Workers Local 588 in Chicago Heights, Ill.

“There’s some sympathy and some irony there,” he said. “A lot more irony than sympathy, though.”

Because of its profits, Ford plans to issue profit-sharing checks of roughly $450 each to its 43,000 hourly workers.

“A year ago, we did not know where our fate was; the Big Three were getting hammered in Congress and we were on a downward spiral,” said Mr. Jackson, who represents 700 workers at a Ford stamping plant that is going to be adding jobs. “In a year, it’s turned around.”

Ford’s profit for 2009 — which Mr. Mulally called a “historic and pivotal” year — partly results from deep cost cuts and layoffs. Ford’s hourly work force is now less than half what it was five years ago. But Ford also took the risky step of borrowing more than $23 billion in 2006, giving it enough cash to weather the sharp downturn in the industry.

In addition, Ford continued introducing new vehicles, and marketing their fuel efficiency. Consumers showed they were willing to buy them even without the heavy incentives that undercut the Detroit automakers’ business in the past.

“They looked like a company in its death throes,” said Louis E. Lataif, a former Ford executive who is dean of the Boston University School of Management. “To their credit, they kept their focus on what really mattered, which is product, and at the end of the day that’s going to carry the company.”

Stock in Ford reflects its improvement. The shares slipped 14 cents, to $11.41, on Thursday but are up from less than $2 as recently as last February.

Ford executives were also managing expectations on Thursday, saying they still faced many challenges. The company has $25.5 billion in cash on hand, nearly twice the amount from a year ago.

But it still owes more than it has in its reserves and it is carrying more debt than its competitors. It paid $1.5 billion in interest last year.

“We know we have some work to do to improve our balance sheet,” Ford’s chief financial officer, Lewis W. K. Booth, said in an interview. “I don’t feel anything other than a sense of great urgency when it comes to improving the business. We know that nobody is guaranteed a future.”

Mr. Booth said Ford expected to have an operating profit and positive cash flow in 2010. Previously, executives had set 2011 as a target for consistent profitability.

As of Jan. 1, Ford — as well as G.M. and Chrysler — eliminated responsibility for health care coverage for hourly retirees, which now is handled by a U.A.W. trust fund.

In addition, Ford said it cut its annual structural costs by $5.1 billion in 2009, $1 billion more than it had planned.

The profit was a cause for celebration for Ford workers who in recent years elected to turn down lucrative buyouts in the hope that the company still had a future.

The profit-sharing checks that plant workers will receive in March are the first that any Detroit automaker will have given out since 2006. Still, they are a pittance compared with the $8,000 payments Ford made a decade ago, when it even had enough money to fly banner-toting planes over some Michigan factories to thank employees.

Ford was profitable in every region of the world in the fourth quarter, including North America for the second consecutive quarter. North America has been the greatest source of difficulty for all automakers, but it was Ford’s most profitable region in the quarter, with pretax earnings of $707 million, excluding one-time items.

On the year, Ford increased market share in the United States for the first time since 1995. For all of 2009, Ford’s market share rose to 16.1 percent, from 15 percent in 2008.

Ford earned $868 million in the fourth quarter over all, in contrast with a loss of $6 billion a year earlier. Its overall operating profit for 2009, excluding one-time items like charges for retiree health care and a windfall from a debt-restructuring effort, was $454 million. Its financing arm, Ford Motor Credit, posted a 2009 profit of $1.9 billion, after losing $495 million in 2008. Sales in the fourth quarter rose to $35.4 billion, from $29 billion a year earlier.

“During the worst economic recession in 30 or 40 years,” Mr. Mulally said in a conference call with analysts and reporters, “because of the strength of the plan we put in place a few years ago, we were not only able to survive but also to create a foundation that is delivering now profitable growth during that year.”

Micheline Maynard contributed reporting.

2010年1月26日 星期二

台灣戴明圈 200-09





『天気待ち 監督・黒澤明とともに』
情圖文並茂『天気待ち 監督・黒澤明とともに』 (文藝春秋、2001年、文春文庫、2004年)等雲到:與黑澤明導演在一起





繼日本豐田汽車(Toyota)近日宣布召回700多萬輛問題車後,日本本田汽車(Honda)29日也宣布將召回64萬6000輛問題車。 本田汽車公司29日表示,因為窗戶開關的瑕疵,本田共將召回64多萬Fit/Jazz和City款式的汽車,其中14萬輛在美國售出。本田汽車去年即曾因安全氣囊 ...

2009/5 游該地 已須戴安全帽 陸客已相當多 感到有點不舒服 .....

2010/1/29〔記者游太郎/花蓮報導〕就差一秒鐘!二十八歲來自中國瀋陽的女性遊客王捷,昨天下午遊罷中橫九曲洞步道, 將安全帽交還後,跨上遊覽車前,不幸遭從天而降的落石擊中頭部,有十五公分的撕裂傷,送往慈濟醫院前原已無生命跡象,急救後雖恢復微弱脈搏,轉往神經外科 救治,但延至晚間九時許仍宣告不治。


Review: Finding the Soul of Big Business
American Chronicle
Another leader whose business principles Marshall and Bama have pursued is mathematician and statistician Dr. William Edwards Deming. Deming is well-known for improving production in the USA during the Cold War. He is also known for changing the 1940 census, wherein the US government used a sampling technique that he developed in 1982. Above all, Deming is known for having been sent to Japan after World War II to rebuild the country's industrial infrastructure.

Deming penned Out of the Crisis, which includes his four principles of System of Profound Knowledge and 14 points enumerating key management principles. Deming's four principles, which Marshall justifiably claims to have particular relevance in to-day's environment are: appreciation of the organization (including suppliers, producers, employees, customers and consumers), knowledge of variation in cause and range of quality, theory of knowledge, which distinguishes what is applicable to the organization and what is ineffective, and knowledge of psychology, the understanding of human nature. The basis for the application of Deming's 14 Points for management is the System of Profound Knowledge. Marshall informs us that the common denominator of all these points is human capital or people. As a result, all of Deming's principles and points have been successfully integrated into the company's operations.

豐田頻現召回事件 汽車質量遭質疑





修正油門問題 豐田停售美國8款車 【1/27 11:28】


豐田汽車更暫停了美國德州和加拿大的生產線,準備修正油門踏板的問題;而其下8款車輛包括RAV4(2009-2010)、 Corolla(2009-2010), Matrix(2009-2010)、Avalon(2005-2010)、部分Camry (2007-2010)、Highlander (2010)、Tundra (2007-2010),以及Sequoia (2008-2010)都將停售檢驗。


律師行裁員、顧問業縮編 專業白領度小月

作者:經濟學人  出處:天下雜誌 440期 2010/01




專業部落格Law Shucks形容,去年是「律師行裁員最兇的一年」,估計共有一三八家大型律師事務所,傳出多達二一八次裁員。光是英國最大的事務所高偉紳(Clifford Chance)就裁了十次。不少知名的美國律師行更在這波金融風暴中滅頂,宣布解散。



最慘的是人力資源顧問業者,以英國為例,去年的平均營收下跌了兩成。收入銳減的壓力,迫使韜睿(Towers Perrin)與華信惠悅(Watson Wyatt)兩家業者在去年決定合併。而會計業雖然比較不受景氣循環影響,但到去年六月為止的年度裡,PwC與安永(Ernst & Young)兩大會計師事務所的營收都縮水了七%。


美國伊利諾大學法律系教授瑞布斯坦最近在論文中指出,幾十年來一成不變的律師事務所,未來可能掀起一波經營模式的新實驗,就連長期以來的計時收費 (billable hour)制度,也會被挑戰。而且還會有愈來愈多事務所決定跟隨澳洲Slater & Gordon的腳步,放棄傳統的合夥人模式,轉成公開上市。

不過,並非每個人都支持這種改變。「對麥肯錫這些公司來說,合夥人制讓他們得以度過危機,因為他們相信長期的投入,」哈佛商學院教授洛希指出,跟那些從合 夥改為上市的投資銀行相比,後者「一心追求獲利,變成有如貪婪的野獸。」未來無論專業服務業如何轉變,律師與顧問們都必須確保他們的專業文化,不受影 響。(吳怡靜譯)
Professional-services firms

WHAT do you say to a recent law-school graduate? "A skinny double-shot latte to go, please." From New York to Los Angeles, Edinburgh to Sydney, the downturn of the past two years has hit the legal profession with unprecedented severity. As even some leading law firms struggle for survival, recruitment has dried up. The lucky few who get jobs are often being told to find something else to do for now, and report for duty on some far-off date. The same is true for MBA graduates seeking jobs in management consulting. Even the mighty McKinsey is said to be postponing start dates by several months.

Given that new graduates are the grunts of the professional-services industries, earning less than anyone else and working the longest hours, the lack of demand for their services is the clearest indicator of how bad things are. Although a deeper-than-usual cyclical downturn is largely to blame—and is hitting hardest those firms that specialised in financial-market activities such as mergers and acquisitions, and private equity—it is already clear that there will be long-term structural consequences, not least a growing gap between the best firms and the rest.

Cutting lawyers' jobs used to be frowned upon in the profession and thus rarely happened, even in recessions. But last year was the "worst year ever for law-firm lay-offs", reckons Law Shucks, a legal-industry blog. It counted 218 reports of lay-offs at 138 big firms, including no less than ten rounds of cuts at Clifford Chance, a British firm whose ambitious global expansion before the crisis now seems a big mistake. Thacher, Proffitt & Wood, a New York firm which by 2007 earned around half its revenues from structured finance, was devastated by the bursting of the subprime mortgage bubble and ended up being dissolved in December 2008. It was followed in March 2009 by the venerable but property-exposed Philadelphia firm of Wolf, Block, Schorr and Solis-Cohen.

As for management consulting, in the third quarter of last year Marsh & McLennan reported a 10% decline in its consulting revenues, in line with the overall shrinkage of the industry. Figures from other big firms are patchy, since they are private partnerships. Still, in 2009, to ensure they had enough cash to weather the financial storm, even leading firms such as McKinsey and BCG held back a chunk of their partners' bonuses. Of the big three, McKinsey and Bain are said to have suffered slight falls in revenues last year, while BCG, after a strong second half, was slightly up. All three deny making lay-offs—although it is said that they made their "attrition rates" increase, by significantly raising the bar on their traditional "up or out" policy. McKinsey now has 10% fewer consultants.

The experience of some once-booming boutique consultancies has been even worse. Marakon Associates was bought for a song by CRA International after the bankruptcy last January of its parent, Trinsum; and Katzenbach Partners was saved by Booz & Company after shrinking alarmingly in the first six months of 2009.

Perhaps the hardest hit of the professional services has been human-resources consulting, where revenues fell by 20% in Britain last year. Pay-and-benefits consultants also suffered: sharply falling revenues were one reason why Towers Perrin and Watson Wyatt decided to merge last year. And although accounting firms are less exposed to the cycle than most professional-services firms—annual reports still have to be prepared and audited, whatever the state of the economy—in the year to last June the two biggest accountants, PricewaterhouseCoopers and Ernst & Young, each suffered 7% falls in revenues.

Of course, firms with countercyclical activities, such as bankruptcy work, have fared better. Consultants offering outsourced services, like IBM and Accenture, have also done well as cost pressures have driven other companies to use their services. In particular, legal-process outsourcing is booming, as law firms parcel out some of their more basic work to reduce costs. One of the leaders of this nascent market, Pangea3, whose offices in Delhi and Mumbai take on work from clients worldwide, expects to earn twice as much revenue this month as in January 2009.

Another booming business is helping the government sort out the economic mess. This is favouring the market leaders most, says Heidi Gardner of Harvard Business School, because the crisis has made governments risk-averse about whom they hire. Slaughter and May, a big London law firm, earned £33m ($54m) for its work on the financial crisis, including on the nationalised Northern Rock bank. Sullivan & Cromwell in New York has also done nicely from helping the American government with troubled banks. Big management consultancies have done well too, despite their poor record in the public sector (see Schumpeter). BCG, for instance, has advised the quango created to oversee America's state-rescued car firms.

Under the knife

Though the best will gain at the expense of the rest throughout professional services, the legal profession seems likely to undergo the most profound structural changes. For the first time—long after IT and finance departments went through the same experience—the corporate legal departments that hire law firms are under great budgetary pressure, and are thus demanding much better value from them.

In a recent paper, "The Death of Big Law", Larry Ribstein, a law professor at the University of Illinois, argued that after decades without changing, law firms are likely to have an outburst of experimentation with different business models: even the venerable and lucrative "billable hour" method of charging clients is in doubt. The experimentation may include more firms abandoning their traditional partnership model to go public, following in the footsteps of an Australian law firm, Slater & Gordon, which went public in 2007.

Not everyone is excited by this idea. "At firms like McKinsey it was the partnership ethos that helped them through the crisis, as partners believed they were in it for the long term. At some law firms too," says Jay Lorsch of Harvard Business School. Contrast that with the investment banks that switched from being partnerships to public companies, such as Goldman Sachs. "If you talk to some older Goldman partners they are unhappy with the behaviour of those now running the firm, who have abandoned the partnership ethos in favour of aggressively pursuing profits and have ended up looking like greedy bastards." As they adapt to survive a tougher climate, lawyers and consultants will need to ensure that any changes do not put their culture of professionalism at risk.

昨天在這本書的書單中發現在約2003年 哈佛大學和牛津大學之出版社都出版專書討論"零容忍"

美國製造--凝視美國文明 這是一本全面介紹美國文明的書,包括美國的經濟發展模式、宗教信仰、文化、移民、種族、吸毒、暴力、政治體制等等。而「美國到底是個什麼樣的國家?」每個 人根據其處境不同,會有不同的回答。而本書的作者,即是以其長居美國多年的觀察及研究,寫成本書,作者對法國及美國有相當深刻的了解,

2010年1月15日 星期五

台灣戴明圈 190-99




Getting big things done: Government process is broken
Federal Times
In the 1940s, Edwards Deming, a pioneer of total quality management, went against the conventional wisdom of that time when he taught manufacturing companies that "the worker is not the problem." For Deming, understanding the system was critical to fixing the source of errors. Successful companies, such as Toyota, are fanatical about improving the systems through which they create value. They know that the only way to generate great results with average workers is to have great systems. (Unless you're located in Lake Woebegone, your workers are going to be pretty average.) Systems become even more important the more complex and interrelated the firm's processes become.

January 22, 2010, 6:31 pm

A Big-Picture Look at Google, Microsoft, Apple and Yahoo

Company LeaderboardNick Bilton/The New York Times

On Wednesday, I wrote about a battle looming between Apple and Google as discussions take place over the possibility of Apple making Microsoft’s Bing the default search engine on the iPhone.

Stepping back further than a single search engine fight, it’s evident that Google, Microsoft, Apple, and even Yahoo are now competing in numerous different business arenas.

The chart above illustrates many of the services these companies provide. Some of their products have been cornerstone revenue streams, and others are just at the beginning of development. But putting them up against each other really helps illustrate each company’s focus and their possible future directions of exploration.

Although the company started in search and made billions of dollars in search-related advertising, it recently made the move into mobile software and hardware. Google is also moving to the desktop as hardware companies consider using Google’s Android operating system for tablet PCs and netbooks and Google continues developing its own Chrome OS. Google’s recent foray into mobile phones, with the Nexus One, signals a big shift for the company, but the lack of customer service might hinder customer adoption of its mobile products.

Microsoft really competes with everyone. It is on the desktop, in the cloud, on mobile devices, in your living room, answering search queries and navigating you to your favorite restaurant. So what’s next? Although the company invested in Facebook, and it offers some social features on its Xbox platform, it still needs to make a major leap into social networking. Another major gap is mobile phone hardware.

Apple’s success with Mac personal computers, the iPod, the iPhone and iTunes has allowed it to step back from the fray and avoid competing in search, news, maps and social networks. But the recent competition with Google over mobile phone software might change its attitude. Apple has close to $34 billion in cash and securities, which means that it can afford to make some big purchases in the search market — or any other market for that matter.

A side note: While looking at the comparisons of these four companies, it’s especially interesting to see that Apple is the only one of the four that charges for its online services, including calendar, contact sync and Web mail. Google, Microsoft and Yahoo all provide these cloud-based products free of charge.

Yahoo has not really added any new products or services over the past year, but it seems to do best with content-related products. Yahoo News is still the number-one news site, and Flickr continues to grow and remain a highly successful photo Web site. As the race really pushes towards mobile over the next few years, it’s going to be interesting to see how Yahoo decides to play in that space.


When the appraisal destroys teamwork
BusinessWorld Online
To clarify this, we have to go back to what W. Edwards Deming (1900-1993) said about performance appraisal and teamwork. Dr. Deming, the American genius who ...

The days of the bloodsuckers are numbered
American Thinker
... for eleven years and produced the public television program and training video, "The Deming of America," about quality guru W. Edwards Deming.


我從文字中了解 這很誇大的所謂"願景共識"

2010北藝大願景共識營 激發熱情與活力 開啟跨域合作開端

(中 央社訊息服務20100113 14:26:39)國立臺北藝術大學於1月9日舉辦願景共識營,超過一百位的校內一、二級主管、教師、校務行政人員參與本次會議,其中也包括學生代表,在 共識營中以深度討論及交流分享之方式,為北藝大校務發展凝聚共識,開拓新的契機,朝向超越卓越邁進。


朱 宗慶校長表示,過去的三年,北藝大在全校師生的努力下,創造了許多傲人的成就,也憑靠著堅定的決心、勇於追求的信念,完成各項不可能的任務,並獲得教育部 及各界的高度肯定。從連續5年獲得卓越計畫補助,98年度獲補助金額高達1.14億元,且位居各國立大學之首;完成全校區污水處理系統、藝文生態館、學生 宿舍等重大工程,執行率全數達到100%,建立了教育部對於北藝大工程執行率的信心。

同時,大幅擴增國際交流管道,締約之國際知名院校機 構從94年的5所,增加至27所;近三年引進國際大師、辦理工作坊與講座近500場次;組成創意團隊策劃製作「2009高雄世運會」開幕典禮等多項完美展 演呈現;引進相關領域年輕、優秀師資;新增「電影與新媒體」學院與系所;在課程面、教學面、評鑑面、學習面、資源面及行政面等建立永續體制。由於各項亮眼 的成果,使得北藝大有了獨特的品牌、形象與知名度。

為邁向實質的國際一流藝術大學,北藝大除了承續過往所奠定的良好基礎與優勢外,同時也 針對所面對的大環境變化與挑戰,進行探討與省思。朱宗慶校長強調,日前文創法已三讀通過,而藝術教育為文創活水的源頭,北藝大作為國內藝術專業人才培育的 最重要場域,將更積極投入及參與,以在文創政策的推動上作出貢獻與紮根。此外,不斷地創新與突破,是學校在追求成長進步的過程中,必然要走的道路,但在創 校27年後的今天,承傳與銜接卻是刻不容緩的,而國際標竿與高度國際接軌則是成為國際一流藝術學府的具體目標。









2010 年北藝大願景共識營雖然只有短短的一天,但議場中座無虛席與會者、滿滿的熱誠與投入,緊緊凝聚起全體同仁的共識。議題間正向且熱烈的意見交換與討論、彼此 間面對面的往來與氛圍,激發與燃起每一位參與者的熱情與活力,開啟了跨部門、跨領域合作的互動開端,更看見北藝大追求創新突破、成為國際一流藝術大學的前 景。



中国 | 2010.01.16





德国之声:谷歌可以说是全球互联网业的老大,它现在打出了底牌,说你们不让步我就走人。假如中国有关方面不让步,不在乎谷歌的留还是走,那么 以后会不会形成这个局面,那就是中国互联网管理机构会想,谷歌这么重量级的我都不在乎,那么对小的网站和个人网站更会肆无忌惮地想打压就打压,想封杀就封 杀?

安替:我要澄清的一个非常重要的区别是,谷歌中文和谷歌英文是两个东西,他们之间的衔接一直是非常有问题的,譬如google.com和gmail 的帐号,都没有办法登陆谷歌中文的服务。这次谷歌想退出的,是谷歌的中文部分,是谷歌2006年开始的谷歌中文业务。因为谷歌觉得,如果继续在中国按照这 样的潜规则去做事,可能会威胁到它的全球战略,比如与"不做恶"原则的冲突,反而会在更大程度上伤害它的经济利益。所以经过了这样的计算,它选择了退出中 国。但这不等于说它要关掉google.com和gmail。但是中国政府会不会做比较强烈的反应,比如作为惩罚去关掉它们,这就是我们还在观望的。我不 认为会到这个鱼死网破的地步,而是回到了2006年前的状态,我觉得这还不是中国互联网的一个特别大的灾难。


安替:您说的很对,很多谷歌的专家都给出这样的评论,我也非常赞同。谷歌就是挑战了一个不成文的规则,就是跟中国做事,得用妥协换得市场。谷歌在过 去四年里与全球市场相比在中国没有得到什么,它在中国搞特区,换得的是非常少的东西。但它终于说现在不想再这样继续下去了。这一例子告诉我们,这一不成文 的潜规则也许不是那么有效。比谷歌做得更妥协的是雅虎,但它在中国得到的市场份额也非常小。


安替:几个互联网世界的巨头,不是都不在中国市场吗?例如Youtube,Twitter,Facebook这几个新近互联网贵族,不是都不在中国 市场吗?他们在世界上不是都活得满好的吗?中国人不都还是在用不同的方法去使用这些吗?谷歌当然是一个老大,它的作为会产生非常大的影响。恰恰因为如此, 我觉得对于整个中国的投资环境来说,中国政府应该跟谷歌好好去商量一个妥善的解决问题的方法,不要把事情闹到摧毁投资环境的地步。外交部发言人说的,"中 国互联网是开放的",我觉得应该改成:"中国的互联网应该是开放的!"我们应该把外交部发言人的话,当成是对未来的期许。

德国之声:我们看到,当中国政府在不只是政治领域与西方发生冲突和对抗时,因为经济崛起带来的实力的增强,态度越来越趋于强硬,谈判中妥协的 意愿越来越少。比如在互联网行业,它号称拥有3亿多网民。我们看看中国网民的结构,就会发现,中国互联网即使跟世界互联网脱轨,网民也继续能自得其乐,仍 然能使用QQ,能玩游戏,能种自己的虚拟菜园。普通网民好象也并不关心谷歌对信息自由的意义。这个会不会使中国政府产生这样的判断:没有你谷歌,我们中国 的互联网照样兴旺?

安替:我对此有不同的看法。我不认为是中国政府在经济崛起后自己的谈判价码高了。以前,譬如中国在入世谈判上,还是由国家权力高层和精英主导。但现 在,中国已经成了世界上非常重要的经济体,在与世界全面接轨。中国现在不是一个谈判部门,几乎所有的部门都在面对国外的投资者。这样就造成了良莠不分的局 面,有些根本就不懂世界规则的人,在管理着与世界打交道的过程。光互联网这一行业,就不是一个单位在管,而是有十几个单位在争抢着管,形成了一个老虎分食 的状态。这种情况下,只要一个小的部门,出于一个小的利益,甚至它不考虑中国的利益,不考虑中国互联网的投资未来、经济未来和国际形象,它就会作出一个荒 唐的决定。譬如,连小小的作协,都可以欺负谷歌。


安替:谷歌在发表这次声明之前的四年里,遭受了很多压力,而压力来自很多部门。只要你有利益,觉得你有利益去沾一把,有些部门就可以伸出它的手。但 是谷歌发明声明后,决策就要变得单一了。因为这的确是个重大的事情,会有比较高的部门去决策。我反而觉得,这个时候的决策能看出中国在比较长远的未来是怎 么对待国外公司,怎么对待互联网和投资环境。多个部门分食这块蛋糕的结果是,使得谷歌问题今天它变成了一个政治决定。这个声明当然是政治化了的一个决定。


安替:如果你指的是2009年,我说会。2009年整个一年,几乎所有的能沾得上关系的部门,都开始染指互联网,几乎不可能在中国互联网谈什么创 业、成就和投资。但我觉得由谷歌事件来判断中国互联网的走向还为时尚早。我们需要等待谷歌事件将是以什么方式解决的。但是我想说,整个2009年,我们能 看到的是多部门在一个"政治正确"的去占领互联网舆论战场的政策的带领下,把互联网当成了一个可以分食的蛋糕,进行了一种扼杀式的作业。我期待谷歌事件能 给很多人一个警醒,做一些稍微改善互联网环境的事,对谷歌要善待一些。

德国之声:刚才谈的更多是从决策者的角度看问题。那么现在再回到中国网民构成这个话题:精英网民对网络自由的需要是非常强烈的,他们想自由使 用Twitter,Facebook和Youtube等平台和工具。而普通网民似乎对这些工具以及这些工具带来的信息流通自由不是有很强烈的需求。即使这 些互联网工具被封杀,也不影响他们对互联网的消费。对这一现象,您是怎么看的?

安替:如果三亿网民,每个人都在乎Twitter被封,这也是不现实的。因为大部分人只关心QQ游戏是不是能继续玩。但是在2009年,这条底线, 即不要干涉普通网民的普通的互联网使用,已经被突破了。比如说著名的网络游戏魔兽争霸(Warcraft)因为管辖权的问题,在中国已经被封了,看美剧的 一些站点,都被封了。包括现在讨论动漫的QQ群组,都在面临灭顶之灾。这些已经牵扯到非精英的普通网民。在2009年,很多原来都不关心政治的人,例如游 戏玩家、动漫爱好者和美剧爱好者,他们谈的也是"河蟹",也是网络封锁。这对于统治者来说,这不是聪明的做法,它让大家都意识到了网络审查的存在。我觉得 有一句话说的特别好,那就是:"最好"的审查,是让人意识不到的审查。但是2009年,已经让每个人都意识到河蟹和审查的存在了。




中文終於有人翻譯"蒙面田集的政治論" 等書
主事者鬆一口氣 只"叫"一二年就"莫名其妙"進榜


Russel Ackoff 感激他研究所的老師 West Churchman 因為老師叫學生當"老師"
降大任給學生 結果Ackoff 受異最多

"教育"可能是反教化 所以"教一大堆" 學生通通忘記 可見"不教" 可能使民智大開


"Why don't they pass a constitutional amendment prohibiting anybody from learning anything? If it works as well as Prohibition did, in five years Americans would be the smartest race of people on Earth."Will Rogers

戴老師: 到底艾略特為何會寫出這種文字 很好奇

T. S. 是哲學"博士" 英國國教信仰者 寫這並沒有什麼 基督教或任何宗教總有其"神秘"者


感謝 戴久永老師送 "
資訊 知識與智慧

謝謝 這似乎收在我十年前的deming.com.tw 有一篇 不過沒有那麼詳細

聖經中的英文學習 the Word

太初有道 ( the Word)

Knowledge of speech, but not of silence;     語言和辭彙 
Knowledge of words, and ignorance of the Word.
All our knowledge brings us nearer to our ignorance,
All our ignorance brings us nearer to death,
But nearness to death no nearer to GOD.

資訊 知識與智慧


. S. Eliot (1888-1965):

The Rock (1934)

Opening Stanza from Choruses from The Rock

The Eagle soars in the summit of Heaven,
The Hunter with his dogs pursues his circuit.

O perpetual revolution of configured stars,
O perpetual recurrence of determined seasons,
O world of spring and autumn, birth and dying

The endless cycle of idea and action,
Endless invention, endless experiment,
Brings knowledge of motion, but not of stillness;
Knowledge of speech, but not of silence;
Knowledge of words, and ignorance of the Word.
All our knowledge brings us nearer to our ignorance,
All our ignorance brings us nearer to death,
But nearness to death no nearer to GOD.
Where is the Life we have lost in living?
Where is the wisdom we have lost in knowledge?
Where is the knowledge we have lost in information?
The cycles of Heaven in twenty centuries
Bring us farther from GOD and nearer to the Dust.

資訊 知識與智慧

Knowledge comes by taking things apart: analysis.But wisdom comes by putting things together.

----John A. Morrison

Your browser may not support display of this image.


Where is the Life we have lost in living?
Where is the wisdom we have lost in knowledge?
Where is the knowledge we have lost in information?

好奇地查找了一下原詩,語出T.S. Eliot1934 年的詩”The Rock“。艾略特因此被稱為最早論及資訊、知識與智慧之間關係的人。

後來有好事者加了一句Where is the information we have lost in data?
這個說法被延伸為”資料-資訊-知識-智慧體系“(DIKW 體系),在知識管理領域被簡稱為”知識體系”,在資訊科學領域被簡稱為”資訊體系”,有時亦稱”資訊金字塔”。




The Origin of the “Data Information Knowledge Wisdom” Hierarchy

Nikhil Sharma

2010年1月14日 星期四

台灣戴明圈 180-89














14日,中國外交部發言人在例行發布會上針對 “谷歌公司計劃關閉‘谷歌中國’”一事首次表示:“中國的互聯網是開放的。中國政府鼓勵互聯網的發展,也鼓勵為互聯網健康的發展營造良好的環境。中國法律禁止任何形式的黑客攻擊行為。”






不過,也有外國分析師認為,如果谷歌決定撤出,該公司包括Android移動操作系統在內的在華移動業務將陷入困境。“谷歌進軍智能手機業務的意圖 是為了在未來的移動廣告市場中拔得頭籌。在其他智能手機生產商加緊開拓中國市場的情況下,如果該公司撤出,可能會降低中國市場對于Android的興趣, 并損害其剛剛獲得的市場地位。”

(王靜 編輯)


反對鄉鎮市長轉區長 蔡英文:要維持行政任用權

(2010/01/15 12:42)

"針對立法院即將加開臨時會處理地制法,外界質疑民進黨只反對卻沒有提出自己的版本,對此,民進黨主席蔡英文今(15)日說,民進黨基本上可以接受原來的行 政院版,「是國民黨不斷的修改」,她強調,民進黨的立場是鄉鎮市長選舉必須落日,「不贊成自動轉任,希望給新任首長完整的行政任用權」。

根據藍版最新的地制法修正案,其中鄉鎮市長轉任區長部份,決定擴大排除範圍,除起訴遭到判刑者不得轉任外,已任滿兩屆的鄉鎮市長也不得轉任,預計 現有的108位鄉鎮市長經排除後,將只有52人可直接轉任;至於最具爭議的鄉鎮市民代表轉任區諮詢委員部份,則刪除可月領4萬5千元研究費,改只支領開會 出席費及交通費。

不僅蔡英文批評,民進黨立院黨團總召蔡同榮上午也批評,藍版的修正案仍然有違憲的可能,其中關於區長任命,「主張得擇優任命,而不是用52人硬塞 給新當選的市長,這會堅決反對,因為這有違憲的可慮之外,還侵害新當選市長的人事任用權,這區長也是文官,有文官任用的資格,這也是問題」。


蔡英文上午則說,民進黨能接受的是原本的行政院版地制法修正案,「民進黨的立場是鄉鎮市長選舉必須落日,不贊成自動轉任,希望給新任首長完整的行政任用權」。 "


Prius leads Japan manufacturing into future


In improving vegetable and livestock traits, cross-bred varieties are often stronger and develop better than their "parents." I hear this is called hybrid vigor.

The robust growth of hybrid cars overlaps with this law of nature. Cars powered by a mix of electricity and gasoline are no longer stared at with curiosity.

Last year's top-selling new car was the hybrid Prius manufactured by Toyota Motor Corp. Sales tripled from the previous year when it ranked 10th.

The fuel efficiency produced by the motor-engine mix, coupled with the launch of a comparatively inexpensive third model and tax breaks, apparently worked in favor of the car.

Ten years ago, I was a passenger on a test-drive of the first Prius model. While I was impressed by its quiet and smooth movement, I was somewhat skeptical whether it could go beyond its "eco-friendly" image and truly win market support.

But now that the Prius is not only eco-friendly but also easy on the wallet, there is no reason it would not sell well.

Including other hybrid cars such as Honda Motor Co.'s Insight, hybrid cars make up nearly 10 percent of sales of all passenger cars, including minicars.

The history of automobiles overlaps with the history of oil consumption. In 1993, Toyota started to seek a different style of car because it was anxious about the future of gasoline-powered cars. The project was named "G21" with the aim to develop a car that would be accepted by the global environment in the 21st century and sell well.

That was the mission of Prius, whose development code was 890T.

In January 1996, a rough-edged prototype was put on a test course. According to those who attended the test drive, they were so relieved that the first words they uttered were "At any rate, it moved."

But the automaker put the car on the market in December 1997. I can imagine the momentum when a team of top-notch engineers stepped on the accelerator bearing the expectations of the whole company on their shoulders.

When Prime Minister Yukio Hatoyama announced a set of ambitious measures to fight global warming, the industrial world let out a scream of help mixed with anger.

But there must be a path on which both companies and consumers can happily advance while paying attention to the environment.

I want to once again believe in Japan's manufacturing ability.

--The Asahi Shimbun, Jan. 12

Quality is the direct result of intentionality
Hattiesburg American
During those four days, he would consistently refer to the "Father of Quality", Dr. W. Edwards Deming. To my total surprise, I learned that he was alive and ...



"紅尾鳥刺身:還是提一下這初次見面的紅尾鳥(烏)好了,又名 長尾濱鯛 ,分布於印度太平洋之熱帶海域,西起非洲東岸,西至夏威夷,北自南日本,南迄澳洲,本省主要分布於東部及南部海域.

為什麼叫紅尾鳥(烏)?阿城師傅說因為尾巴長長的像是一種也叫 紅尾鳥 的鳥類吧?我也搞不懂?不過仍保有鯛類一貫緊緻鮮甜的口感就是了!"


Awareness: To Measure Medicine, Mind the Spoon

Published: January 11, 2010

When the measuring cap that comes with the medicine bottle gets gooey and gummed up, the temptation is to grab a kitchen spoon to guesstimate a teaspoon’s worth of liquid medicine.

It doesn’t really work.

That’s the conclusion of researchers who asked 195 college students to measure a teaspoon of cold medicine using a variety of spoons. They found that the amount of liquid varied, depending on the size of the spoon: students underdosed when they used medium spoons, and overdosed with larger ones.

Yet they were quite confident that they were doling out the correct amount, said Brian Wansink, director of the Food and Brand Lab at Cornell and an author of the study, which appears in the Jan. 5 issue of Annals of Internal Medicine.

Though the differences were small — participants dosed 8 percent less than prescribed into medium spoons and 11.6 percent more into larger spoons — they could add up, Dr. Wansink suggested. “If it’s one serving for an adult, it’s probably not a big deal, but if you’re taking liquid medicine six times a day for three or four days in a row, that starts adding up,” he said. Children may also be more sensitive to incorrect dosing amounts, he said.





這些努力並沒有獲得太多成功,Nokia仍然在研究如何增加服務的便利性,但大多數服務都必須與市場的重量級對手競爭,例如Facebook、Google Maps等。


Nokia一定能推出更好的產品,也有機會達到3億使用者的目標,因為Nokia在發展中國家仍是王者。但能否再次主導手機工業,則是另一個問題。 電腦工業在20多年前,重心開始從硬體轉向軟體,眾多巨人中只有IBM成功轉型。Nokia願意擁抱變革和多元化,本身也經歷了多次轉型:畢竟Nokia 在1865年成立之時,是一間造紙廠,轉型指日可待。(黃維德譯)


I S B N:7030250060
I S B N 13:9787030250063
作 者:(日)高橋 信
精平裝/頁數: 平裝本 / 215頁



高橋 信,1972年生於日本新瀉縣。畢業于日本九州藝術工科大學(現已更名為日本九州大學),專攻藝術工科,研究科學信息傳輸。曾擔任資料分析業務和研討會講師,現為作家。


序章 歡迎光臨諾倫茶餐廳
第1章 基礎知識
 6.矩 陣
第2章 回歸分析
第3章 重回歸分析
第4章 Logistic回歸分析
 6.Odds Rat0(優勢比)
附景 用Excel笪笪看


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Taiwan Truth and Reconciliation Association

2010年1月13日 星期三


Taking a fresh look at liberalism

It is far too early to pick up the pieces and reconstruct either mainstream economics or the free market version of it after the debacle of the past two years. It is not, however, too early to restate some liberal values that need to be preserved whatever technical changes are made in the conduct of economic policy.

(The word “liberal” has acquired so many meanings that I need to make clear that I am using it in the classical European sense of someone who attaches especial importance to personal freedom, and therefore wishes to reduce the number of human made obstacles to the exercise of actual or potential choice. The late Isaiah Berlin called this “negative freedom”.)

Many socialists and social democrats regard the negative definition of freedom as far too narrow and ask whether someone can be really free if he or she has not enough to eat or is deprived of the opportunity of a decent education. The confusion arises from the attempt to derive all public policy from one central goal. Freedom is not the same as prosperity, equality, self-government or any other desired state of affairs. These goals may sometimes be complementary, at other times competitive.

Modern discussion of the subject begins with John Stuart Mill's still controversial 1859 essay On Liberty. This states that “the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection”, that is to “prevent harm to others. His own good, either physical or moral, is not a sufficient warrant”. The distinction is sometimes made between self- regarding and other-regarding action.

We need to move on from Mill, partly because there will always be argument about how to draw the line between self and other-regarding actions. Almost all conduct has some effect on other people. There is a famous example by the philosopher and economist Amartya Sen concerning a prude who is made unhappy by the thought of his companion reading Lady Chatterley's Lover. The art is where to draw the line to exclude trivial, frivolous or indirect interactions or those exhibiting intolerance of others' lifestyle. There is also the practical question of which political arrangements are most likely to preserve negative freedoms.

Some classical liberals make the rule of law their central doctrine. By this they do not mean any law that happens to pass the legislature, but general rules applying to all without fear or favour. But this is only a necessary, not a sufficient, condition for freedom to prevail. It is easy to think of perfectly general laws, such as Germany's ban on Sunday shopping, which are inimical to personal freedom. But even though it is not a good definition of liberalism the ideal of a government of laws rather than men and women is a profound one. It is weakened every time the media announce that the prime minister or president is to order or forbid certain things, as if the mere whim of a political leader should prevail without going through any constitutional or legal process.

I would myself favour an informal concept put forward by John Maynard Keynes in an essay he wrote in the 1920s, which distinguished between the agenda and non-agenda of government. This could not be fixed for all eternity but would vary over time. Keynes devised the idea to separate himself from those 19th-century Liberals who saw little useful role for the state. But it could equally be applied in reverse to cordon off areas where the government has no business interfering with citizens. It is the refusal to recognise any such limits that is the real crime of New Labour and why some of us will find it hard to support it again.

To conclude, here are three examples that starkly expose anti-liberal ways of thinking.

Some people advocate compulsory national service, not necessarily military, as a way of improving the character of young people. The late James Tobin – he of the Tobin tax – favoured the US draft as an egalitarian ideal and even suggested setting soldiers' pay well below what they could earn elsewhere so as to rule out a volunteer army. Whatever his other qualities, he was an arch anti-liberal.

Consider, too, the rigid exchange restrictions that have at times been imposed on foreign travel to conserve official holdings of foreign currency. When these were imposed by Harold Wilson's UK Labour government for three years there was hardly a word of protest from Labour's supposedly enlightened intellectual camp followers.

A final example is the smoking ban in public places – and I speak as lifelong non-smoker. So long as there are designated areas to ensure non-smokers are protected from smoke pollution, what is the harm in providing a room where people can smoke at their own risk? Why is this worse than making smokers stand outside in the cold?

However difficult it is to define a liberal, it is not hard to spot anti-liberals.


(“自由主义”一词被赋予的含义如此之多,以至于我有必要澄清,我是以欧洲人对该词的经典理解来使用它的,即指一个人特别重视个人自由,因此希望把行使实际或潜在选择权的人为障碍减至最少。已故的以赛亚•伯林 (Isaiah Berlin)称其为“消极自由”。)

许多社会主义者和社会民主党人士认为,这种对自由的消极定义太过狭隘,他们提出了这样的问题:如果一个人食不果腹,或者被剥夺了受良好教育的机会, 这个人能真正自由吗?造成这种困惑的原因是,他们企图从一个中心目标衍生出所有公共政策。自由不同于繁荣、平等、自治或任何其它理想状态。这些目标可能有 时互补,有时则互相竞争。

关于这一话题的现代讨论,始于约翰•斯图亚特•穆勒(John Stuart Mill)于1859年发表、至今仍受争议的散文《论自由》(On Liberty)。文中称,“人类对其中任何成员的行动自由进行单独或集体干涉的唯一正当理由,是自我保护,”也就是“防止对他人的伤害。个人自己的好处 ——无论是物质上还是道德上的——不足以构成正当理由。”人们有时对“考虑自己”与“考虑他人”的行动加以区分。

我们需要超越穆勒,部分原因是,对于如何区分“考虑自己”与“考虑他人”的行动,永远都会存在争议。几乎所有行为都对他人有一定影响。哲学家、经济 学家阿玛蒂亚•森(Amartya Sen)举过一个著名的例子:一个正经刻板的人,因为想到自己的同伴在读《查泰莱夫人的情人》(Lady Chatterley's Lover)而感到不快。微妙之处在于,把界限划在哪里,才能剔除那些琐碎、无谓、间接,或者表现出对他人生活方式缺乏容忍的互动。还有就是哪些政治安排 最有可能维护消极自由的现实问题。

一些传统的自由主义者将法治作为其中心教条。他们所说的“法”,未必是指立法机构通过的任何法律,而是指在不带畏惧或偏袒的情况下适用于所有人的普 遍规则。但这只是自由占上风的必要条件,而非充分条件。我们很容易想到像德国的周日购物禁令那样具有完全普遍性、却妨碍个人自由的法律。不过,尽管它并非 自由主义的恰切定义,但建立法治政府、而非人治政府的理想意义深远。每当媒体宣布某位首相或总统将下令或禁止某些事情(仿佛政治领导人的一时念头就应该得 到贯彻,而无需经由任何宪法或法律程序),这一理想就遭到削弱。

我本人偏爱约翰•梅纳德•凯恩斯(John Maynard Keynes)上世纪20年代撰文提出的一种非正式概念,用以区分“政府议程”与“非政府议程”。这一概念不可能永远不变,而是会随着时间推移而改变。凯 恩斯设计这一概念,是为了与19世纪那些认为政府几乎纯属多余的自由主义者划清界限。但反过来,同样可用这一概念圈定政府无权干涉公民的领域。英国新工党 的真正过错,正是拒绝承认此类限制。也正因如此,我们中一些人将很难再次支持它。


有人提倡实行强制性的国民服役——不一定是兵役——作为改善年轻人品性的一种方式。已故的詹姆斯•托宾(James Tobin)——“托宾税”(Tobin tax)就是以他命名的——赞赏美国的征兵制,认为它体现了平等主义理想,甚至建议把军人薪酬设定在远低于他们可在别处赚到的水平,以排除形成一支志愿兵 军队的可能性。不管他具有哪些其它品质,他都是个十足的反自由主义者。

再考虑一下政府有时为了节约官方外汇储备,而对出境游兑换外币施加的严格限制。在英国工党首相哈罗德•威尔逊(Harold Wilson)实施这方面限制的三年间,理应开明的工党知识分子拥趸者,几乎从未表示过抗议。




2010年1月4日 星期一

台灣戴明圈 170 -79


Vanguard News – January 2010

Lean is mean in the car industry

Going back to the debacle that is ‘lean’, during the Christmas break I read a book all about how ‘lean’ has gone down (badly) with the workers in car manufacturing. It shows how ‘lean’ has been just another tool of management, used to control and exploit the workers. A complete tragedy, Ohno (the man who developed the Toyota Production System) would be shocked and appalled. In the 1950s Ohno secured a major transformation in industrial relations by committing to workers sharing the first fruits of success, putting them above customers and shareholders.

This blundering wrong-headed lean tools stuff has not only created antipathy among workers it has, more importantly, meant that manufacturers have failed to realise the benefits Ohno achieved.

The big mistakes in both the car industry and HMRC are to have kept control with management and the failure to see the organisation as a system. ‘Lean’, as applied, amounts to no more than a bit of process improvement in badly designed systems. The tool heads have a lot to answer for.

The book on the car industry is titled: ‘We sell our time no more, workers’ struggles against lean production in the British car industry’, Stewart et al, Pluto Press. I shall be recommending it to my students.

John Seddon


Author: "Systems Thinking in the Public Sector”, available from Triarchy Press: www.triarchypress.com and “Freedom from command and control: a better way to make the work work" available from Vanguard (www.systemsthinking.co.uk).. “Freedom from command and control” is also available in the US from: http://www.productivitypress.com/productdetails.cfm?SKU=3276

Dear Friends,
Enjoy this beautifully written story, whether true or fiction, but its very moving and inspirational.


Peter 來訪 談些"法令遵守"等方面的事 用這篇當紀念

Group Gives Up Death Penalty Work

Published: January 4, 2010


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Adam Liptak’s column about the legal world appears weekly. Columnist Page »

Related Times Topics: Capital Punishment

Last fall, the American Law Institute, which created the intellectual framework for the modern capital justice system almost 50 years ago, pronounced its project a failure and walked away from it.

There were other important death penalty developments last year: the number of death sentences continued to fall, Ohio switched to a single chemical for lethal injections and New Mexico repealed its death penalty entirely. But not one of them was as significant as the institute’s move, which represents a tectonic shift in legal theory.

“The A.L.I. is important on a lot of topics,” said Franklin E. Zimring, a law professor at the University of California, Berkeley. “They were absolutely singular on this topic” — capital punishment — “because they were the only intellectually respectable support for the death penalty system in the United States.”

The institute is made up of about 4,000 judges, lawyers and law professors. It synthesizes and shapes the law in restatements and model codes that provide structure and coherence in a federal legal system that might otherwise consist of 50 different approaches to everything.

In 1962, as part of the Model Penal Code, the institute created the modern framework for the death penalty, one the Supreme Court largely adopted when it reinstituted capital punishment in Gregg v. Georgia in 1976. Several justices cited the standards the institute had developed as a model to be emulated by the states.

The institute’s recent decision to abandon the field was a compromise. Some members had asked the institute to take a stand against the death penalty as such. That effort failed.

Instead, the institute voted in October to disavow the structure it had created “in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”

That last sentence contains some pretty dense lawyer talk, but it can be untangled. What the institute was saying is that the capital justice system in the United States is irretrievably broken.

A study commissioned by the institute said that decades of experience had proved that the system could not reconcile the twin goals of individualized decisions about who should be executed and systemic fairness. It added that capital punishment was plagued by racial disparities; was enormously expensive even as many defense lawyers were underpaid and some were incompetent; risked executing innocent people; and was undermined by the politics that come with judicial elections.

Roger S. Clark, who teaches at the Rutgers School of Law in Camden, N.J., and was one of the leaders of the movement to have the institute condemn the death penalty outright, said he was satisfied with the compromise. “Capital punishment is going to be around for a while,” Professor Clark said. “What this does is pull the plug on the whole intellectual underpinnings for it.”

The framework the institute developed in 1962 was an effort to make the death penalty less arbitrary. It proposed limiting capital crimes to murder and narrowing the categories of people eligible for the punishment. Most important, it gave juries a framework to decide whom to put to death, asking them to balance aggravating factors against mitigating ones.

The move to combat arbitrariness without giving up sensitivity to individual circumstances is known as “guided discretion,” which sounds good until you notice that it is a phrase at war with itself.

The Supreme Court’s capital justice jurisprudence since 1976 has only complicated things. Justice Harry A. Blackmun conceded in 1987 that “there perhaps is an inherent tension between the discretion accorded capital sentencing juries and the guidance for use of that discretion that is constitutionally required.”

That was an understatement, Justice Antonin Scalia said in 1990. “To acknowledge that ‘there perhaps is an inherent tension,’ ” he wrote, “is rather like saying that there was perhaps an inherent tension between the Allies and the Axis powers in World War II.”

Justice Scalia solved the problem by vowing never to throw out a death sentence on the ground that the sentencer’s discretion had been unconstitutionally restricted.

In 1994, Justice Blackmun came around to the view that “guided discretion” amounted to “irreconcilable constitutional commands.” But he drew a different conclusion than Justice Scalia had from the same premise, saying that “the death penalty cannot be administered in accord with our Constitution.” He said he would no longer “tinker with the machinery of death.” The institute came to essentially the same conclusion.

Some supporters of the death penalty said they welcomed the institute’s move. Capital sentencing “is so micromanaged by Supreme Court precedents that a model statute really serves very little function,” Kent Scheidegger of the Criminal Justice Legal Foundation wrote in a blog posting. “We are perfectly O.K. with dumping it.”

Mr. Scheidegger expressed satisfaction that an effort to have the institute come out against the death penalty as such was defeated.

But opponents of the death penalty said the institute’s move represented a turning point.

“It’s very bad news for the continued legitimacy of the death penalty,” Professor Zimring said. “But it’s the kind of bad news that has many more implications for the long term than for next week or the next term of the Supreme Court.”

Samuel Gross, a law professor at the University of Michigan, said he recalled reading Model Penal Code as a first-year law student in 1970. “The death penalty was an abstract issue of little interest to me or my fellow students,” Professor Gross said. But he remembered being impressed by the institute’s work, saying, “I thought in passing that smarter people than I had done a sensible job of figuring out this tricky problem.”

Things will look different come September, Professor Gross said.

“Law students who take first-year criminal law from 2010 on,” he said, “will learn that this same group of smart lawyers and judges — the ones whose work they read every day — has said that the death penalty in the United States is a moral and practical failure.”


2010年 01月 06日 08:21

國衛生部門上週在2009年最後幾個小時里宣佈上海熊貓乳品有限公司(Shanghai Panda Dairy Co.)所產部分乳製品受到了致命三聚氰胺的污染。但有越來越多的跡象顯示﹐早在八個月之前﹐衛生部門就已經懷疑該公司乳製品受到三聚氰胺污染。

Bai Lin






事實證明﹐甚至想從有關部門瞭解上海熊貓乳品有限公司案的更多情況都很難。據報導﹐上海質量技術監督局主 持對該公司的調查。不過﹐到目前為止﹐該部門尚未發表任何公開聲明。該部門發言人請《華爾街日報》到上海市衛生局尋求答案。在上海市衛生局﹐一位官員又指 向上海市食品藥品監督管理局﹐那裡的發言人建議《華爾街日報》給質量技術監督局或市政府打電話。在市政府新聞辦公室﹐一位發言人說﹐質量技術監督局才是負 責此事的部門。



報導為上海三聚氰胺問題早在上週之前就已浮出水面提供了新的證據。舉例來講﹐該報稱由於衛生部部長陳竺的發言﹐12月初溫州浙江熊貓乳品有限公司(Zhejiang Panda Dairy Products Co.)發表聲明﹐以便與上海熊貓乳品有限公司撇清關係。該公司的聲明和公司網站上的其他文章宣稱﹐儘管兩家乳製品企業有相同的名稱﹐它們並沒有關係。

另 外﹐據一位瞭解該行業的人士說﹐至少早在去年9月份﹐上海熊貓乳品有限公司就接受了有關三聚氰胺的調查。此人說﹐當時該公司倉庫里存有約1,000噸奶粉 ﹐價值約人民幣2,000萬元(合290萬美元)。此人說﹐該公司引入了三聚氰胺﹐部分是通過再加工受污染的煉乳﹐部分是通過從寧夏的一個關聯企業獲得的 原奶。


James T. Areddy


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    • (1)歌舞伎・浄瑠璃などで、主人公がその役の本質的性格(性根)を発揮させる最も重要な場面。性根場(しようねば)
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有意思的是 我以前服務過的DuPont 公司是採取:|

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