Saturday, August 31, 2019

Poetry & lives Essay

Poetry is already a part of everyone’s lives. In fact this wasn’t created but sprung in our hearts. The four poems, Songs of the Road, of Men and Women, Quiet, To Mother, and Woman Knitting talks about the lives of every human being, the four works of art tackles about life, family, the realities of meeting and departing, and death. Who would wonder why the poem Woman Knitting was written. This is a kind of poem that touches the heart of a reader. The poem was written by a Vietnamese poet. The poem basically tackles about a typical woman and her usually-done hobby. One of the themes of the poem is about the life of a person. Life is like knitting. Life journey is too long and has no meaning or significance like a roll of wool. At first it is like the other ordinary thread. As life goes by the thread slowly becomes a meaningful thing that is form through knitting. In knitting, the thread crosses and even cut. Well, like life, we have all the ups and downs. We never knew what will the world has to offer. Definitely only the one knitting knows what she is doing and what she will do with the thing. Like God, He is the only one who knows what is happening to our lives. We do not have controls. What God has allowed us to happen is always the best thing that will give us the reason for living. At first we do not know His plans but after many paces we look back the things that happened as a significant factor for what we have and who we are right now. Also because we do not know about the future, we do not know how long we will stay here on earth. â€Å"Patient, for she has the rest of her life. Anxious, for this is maybe her last moment. † These lines really reflect the uncertainty of life. We are not certain about tomorrow, we are only certain that along with life there is death. Like the woman who is seem so anxious for she do not know if that was her last moment. The next theme I see is about family, friendship, or loved ones. These lines: â€Å"She never looks up. Does she look back to the first meeting? Or the last parting? † tells us that every moment we spend with our loved ones should be cherish. We should not waste time for maybe that time will be the last time together. The woman never looks up. Even though the poem did not literally say that the woman is reminiscing the past, we can clearly say that she is looking back either the past memories which is the first meeting or the last parting. When a person is alone he/she will have the tendency to imagine the future or remember the past memories. This instance gives him/her the strength to survive. The past memories give us hope in the future. And, it is nice to reminisce the past. It gives us the picture that life is beautiful and has meanings. One of the themes that really strike in poem is the theme about peace (cooperation). In knitting, the threads are bind as one. The hands of the knitter should be well coordinated so that the final product will have the right appearance as the knitter is planning. The hands and the mind should be well coordinated so that the process will become easier and faster. The woman did not look up because she wants to be focused on what she is doing. The poem is portraying the kind of people that Vietnam should have. The country should have the people that will coordinate with the advocacy of the country. Thus, everything should be deal with coordination and peace. The Things They Carried by Tim O’Brien portrays the kind of burdens that the soldier is carrying. Their position and the life that they are going thru pictured out the kind of people. Jimmy cross is a person who is bothered by the memories that he have with the lady. His thoughts make him unable to fulfill his duty with full concentration. After Jimmy Cross realized (after the death of his co-soldier) that his thought bothers him and enable him not to concentrate to his duty, he burns the memories that he have with the lady. He burns the letter and the picture that will awaken his heart and thoughts. Basically the poem Woman Knitting tells that everything should be in coordination. Like Cross, his mind and his heart did not coordinate. He was there for the duty but his heart keeps on telling his thoughts about the lady. Also, the poem really tackles about life. At one time they are with their co-soldier but at a single second they were left. What the co-soldier left was the memories and the guilt on Jimmy’s heart. Life slowly unravels its mystery. The poem gives lesson and portrays the meaning of life. And, the book basically gives the events and where the lessons were applied. Life is full of mystery, but there is an assurance that as we go through the journey, mysteries will be revealed. Songs of Road, of Men and Women talks about the nature of life. We are bound to a single journey; death. The character of this poem is the one who is facing the last destination. On the fourth line of the first stanza, the memories flashes like a flame of fire. Memories will be the one that is left when a person die. And, on the last stanza, the poem talks about the reality after a man dies. Men and women will never meet again and after the death of a person, he will be somewhat unremembered since no one will call on him. It surely death that the author is referring since it the poem mentioned about the people who are no longer being called and now with him forever. On the other hand, the poem Quiet talks about memories. This tells us about the kind of life that we are having. People come and go and then leave us behind. This may also refers to the memories after death but this time the character of the poem is no longer the person who will die but the one who will be left behind. On the second stanza of the poem it elaborates the main theme of the poem. That is really the reality. The people we know now will soon leave us. And the one that will be left are the memories. They are like tear drops that once touches the ground will no longer be retrieve. In other words the memories we’ve shared with the people we meet and love will no longer be erased in our hearts; even if a person is far or gone, he is still a pace apart because he rest in our hearts. The poem To Mother talks about the family, especially our mothers. This tackles about what will a person feel when he is far from his family. Mother is the one being given a tribute here because they are the ones portray a real family. One fact is that, even if a son will forget his mother, his mother will never forget him. This is the kind of family that everyone should have. Our family is the first to be there for us in times of trouble. They are the first shoulder that we can lean on when we have problems. One thing also that is remarkable with the family is that we sometimes feel they are unimportant but we can feel their significance or their importance when we are alone or far from them. We may neglect them when they are there but when they are far way we always long to be there on their side. The four poem have slight differences when it comes to there themes. The â€Å"Woman Knitting† talks about out loves ones, their memories and etc. The poem Quiet talks about memories and still the other two talks about the family and about the reality of life. One thing that makes every poem difference from the other is the way or the mode they transmit their themes. They are like patches of poetry that makes the whole theme more concrete. And, one thing that makes them common is that they talks about the life of a person. They talks about families. They talks about the importance of each other. As far as the four poem is concerned, life is really a broad journey that everyday should be cherish. Work cited: Woman Knitting. Retrieved May 5, 2007 from http://www. essaywriters. net/sys/index. php? rate=5&id=65336 O’Brien, T. (2006). The Things They Carried. Retrieved May 5, 2007 from http://www. sparknotes. com/lit/thingscarried/section1. html Songs of the Road, of Men and Women. Retrieve May 13, 2007 from http://www. essaywriters. net/sys/index. php? rate=5&id=67401 Quiet. Retrieve May 13, 2007 from http://www. essaywriters. net/sys/index. php? rate=5&id=67401 To Mother. Retrieve May 13, 2007 from http://www. essaywriters. net/sys/index. php? rate=5&id=67401

Friday, August 30, 2019

Crime? What crime? Essay

1) Is killing anyone ever justifiable? What if it is out of self defense? Does Raskolnikov really care that he murdered Alyona or is he just afraid of the punishment? 2) Are there people who are above the law? Should there be? 3) What are some themes in the novel? How do they relate to a character? Some themes in the novel are alienation from society, nihilism, and the idea of the superhuman. All three themes are related through Raskolnikov’s ideology that some human are better than others. His alienation from society stems from his pride and his inferior view of others. Nihilism is the philosophical view that Raskolnikov adopts; its beliefs are that moral decisions should be made based on what grants the largest amount of people the most happiness. He also uses his belief of nihilism to justify killing Alyona because her death would allow Lizaveta freedom and happiness. The idea of the superhuman is that some people are extraordinary and most are ordinary; where the extraordinary are above all laws and the ordinary are not. In the novel, all three of the themes beliefs are used by Raskolnikov to justify his plans of murder and the actual murder itself. This mindset is what enables Raskolnikov to lose his humanity and consider taking a life for the â€Å"greater† good. â€Å"‘Crime? What crime? †¦ My killing a loathsome, harmful louse, a filthy old moneylender woman†¦ and you call that a crime? ‘† From the context of these lines the reader can infer that Raskolnikov believes he is above the law and did society a service by getting rid of a malicious old lady. These beliefs eventually cause inner turmoil with in Raskolnikov and lead him into a half-delirium state of mind. 4) What is the primary purpose of the novel? Is the purpose important or meaningful? The primary purpose of the novel is to reinforce the ideas to the readers that regardless of philosophy true guilt is inescapable and truly great people will lift humanity up, not leave it behind. An example of inescapable guilt can be seen in Raskolnikov’s reaction to Nastasya’s telling him that the beatings he thought he heard was blood â€Å"‘Blood? What blood?†¦ ‘ he murmured, turning pale and backing away against the wall. † His reaction to this suggests that he is no longer thinking he is superior to anyone and that he fears everyone suspects him for the murders already. Sonya is a good example of a great person because even though Raskolnikov has committed such a heinous crime she is willing to look past it and be the one who saves him. In life, people are taught their right from their wrongs and are punished to discourage bad behavior. Generally, when people are punished for anything they will not do it a second time for fear of the punishment that awaits their misdeed. Parents are models for their children to grow up well. They are the ones who will lift humanity up by teaching their kids to live in harmony with others. The purpose of the novel is an important one it is non-discriminatory and it is true that people who believe in humanity and try to see past its flaws will make humans a better race. 5) What is the role of family and community in this novel? 6) What is important about the title? Is there a reference in the novel that explains the title? Is there a reason we sometimes use that phrase to describe the criminal-justice system? 7) What are the conflicts in Crime and Punishment? What types of conflict (physical, moral, intellectual, or emotional) did you notice in the novel? 8) How does Fyodor Dostoevsky reveal character in Crime and Punishment? 9) Is Raskolnikov consistent in his actions? Is he a fully developed character? 10) Compare the major female characters: Sonya, Dunya, and Katerina Ivanovna. Do you think they are well-rounded characters or stereotypes? How does each figure in Raskolnikov’s actions? Part Three: 1) the basis for and the impact of individual choices 2) human isolation and its effect on the individual < 3) how a new perspective influences an individual’s interpretation of the world 4) the ways in which individuals pursue or compromise their happiness 5) the interplay between fear and foresight when individuals make life altering choices Thesis: In Crime and Punishment, isolation is used as a means to evade the inferiority of society, cause insanity, and pursue one’s full potential. Argument 1: Raskolnikov’s alienation from society allows him to become overly prideful. Example: â€Å"So absorbed in himself had he grown, so isolated from everyone else, that he was actually afraid of meeting anyone at all† Explanation: By depriving himself of human interaction, Raskolnikov makes rejoining society a hard task to accomplish. Since his thoughts were the only ones he heard he became prideful and believed himself to be a genius. Argument 2: By choosing to be isolated from society Raskolnikov opens himself up to having abstract and inhuman thoughts. Example: â€Å"‘I plan to attempt a thing like this, yet I allow that kind of rubbish to scare me. ‘† Explanation: Raskolnikov’s thoughts begin to become muddled as a direct result of his alienation from society. When nihilism is introduced to him, he instantly agrees because it is in support of his isolated lifestyle, which leads him to believe his thoughts are going to be what lifts up the human race. Argument 3: In his efforts to distance himself from society, Raskolnikov is destroying his chance at happiness and quality of life. Example: â€Å"His vital interests no longer concerned him; he did not even wish to think about them. † Explanation: Through using isolation to create happiness for himself, Raskolnikov, deteriorates the quality of his life and destroys his chance at happiness by constantly fighting his conscience; which causes his mind to enter a half-delirious. Conclusion: Keith Henson once said â€Å"People can undergo a sudden change of thinking and loyalties under threat of death or intense social pressure and isolation from friends and family. â€Å"

Thursday, August 29, 2019

How to Raise Leaders at Every Level to Achieve Extraordinary Results?

How to Raise Leaders at Every Level to Achieve Extraordinary Results? Alaa Ahmed MBA Candidate Introduction Leadership is an important concept in every sector, in family, school, organization, company, and in every community. The secret behind the success of any organization is its leadership. Academic analysis has given us more than 850 definitions of leadership (bennis, 1997). All of them have the same factors but in different formulations. After I read many of these definitions, I saw leadership as guiding a group of people toward achieving a specific goal.Scholars researched and studied leadership styles, and leadership patterns, whereas Jim Kouzes and Barry Posner studied leadership from a different perspective. They dealt with leadership as a challenge and the leader who succeeds in facing the challenge and gets extraordinary result is considered exemplary. As a result, Kouzes and Posner started their journey since 1983 looking for how the leader becomes exemplary and achieves extraordinary results. Their study covered leadership in all sectors and on all the continents of the world. They collected data from different people and mangers during 25 years and analyzed them.They found that in order for a leader to be exemplary and able to get extraordinary results, he/she has to be able to transform values into actions, visions into realities, obstacles into innovations, separateness into solidarity, and risks into rewards (Kouzes & Posner, 2002). To get all this done, they outlined a mechanism that they called â€Å"The Five Practices of Exemplary Leadershipâ€Å" ; there are two commitments that go along with each practice which are the subject of our research. Model the way Model the way is aligned with two commitments .The first one is find your voice by clarifying your values. A leader must clarify the values that he believes in, look for the common values, and have the ability to transfer these values into actions. A clear guiding principle is necessa ry to follow and to gain the consensus about these principles from to be easily applied. These values must be reflected in the leader’s behavior to emphasize credibility which as Kouzes and Posner said is the foundation of leadership. Leaders’ clear values help them to practice the second commitment which is â€Å"set the example by aligning actions with shared values†.Telling stories helps others think about how to bring values alive. Giving rousing speeches is not enough; a leader has to go first and participate by doing what he asks others to do. Also a leader has to be (dwysywd) which is the acronym of (do what you say you will do). Followers will believe not what they hear from the leader but what they see the leader consistently do. For example, the director general of the company that I work for issued a decision that all employees must wear their ID on their chests as long as they were inside the company during the formal working time.The next day, we sa w him standing at the entrance wearing his ID as an example or a model for us. Undoubtedly, model the way is not enough to complete the picture of the exemplary leadership, consequently; leaders need to follow another practice in order to share the vision. Inspire a shared vision Leaders to inspire a shared vision with their employees, have to practice two commitments. The first one is to envision the future by imagining exciting and ennobling possibilities. Think for yourself and imagine the future that you wish for your organization.Ask, listen, and adapt mentally and emotionally the employees’ vision, their future imagination, and what they aspire for the organization. The second commitment is to enlist others in a common vision by appealing to a shared aspiration. A leader needs to analyze and discuss both aspirations to create a common aspiration which contributes in strengthening the work relationship and enlisting others to work on achieving the common aspiration. Welc ome any opinion or thoughts and give attention because innovation is created in this way. Francisco Magalhaes gives us an example through a story of his experience.When he had just started his new job at a railway workshop, he thought about something related to his job and concluded that there was a way to reduce the cost by more than half. He told his colleagues about that, but he did not get their attention. His colleagues’ reaction did not stop him; he went to his leader and told him about his idea. The leader immediately began analyzing Francisco’s proposal, discussed it with him and found that what Francisco proposed was correct. This direct leader continued supporting Francisco in order to implement this thought on the ground and he told the director general about Francisco (Magalhes, n. . ). This leader shared Francisco’s thought and gave him more attention. Without his leadership Francisco’s original idea would have failed. Inspiring and supportin g the innovative ideas of employees is what leaders have to do if they want to be exemplary; however, this exemplarity will not be completed without challenging the process. Challenger the process There are two commitments that can be used as strategies by the leader to challenge the process (Kouzes & Posner, 2002). One of these commitments is searching out challenging opportunities to change, grow, innovate, and improve.Leaders, who stay leading in the same way for a long time, will lose their employees’ enthusiasm. The great leader has to look for and create new ways to challenge the routine and encourage the team toward achieving its goals. Chip Perry, a president and CEO of AutoTrader. com, says that one of his powerful leadership techniques is to tell their employees that one of their main responsibilities is to challenge the status quo and work constantly to improve anything that may be used to get the work done (Yaverbaum, 2004)The second commitment is experimenting, t aking risks, and learning from the accompanying mistakes.The employees like to work with a leader who ventures into unfamiliar and uncertain situations and transfers risks into rewards because the best solutions are often found in these cases. Likewise, wisdom is gained through pain and reflection (Bennis, 2003, p. 134). Andy Stanly highlighted that if leaders stop challenging the process, they cease to be leaders and they become managers (Andy, 2006). This pushes us to split between leader and manger by saying that the leader is someone who guides and the manger is someone who drives.Besides, Bennis observed that â€Å"the manager is a copy; the leader is an original, the manager administers, the leader innovates, and the manager relies on control; the leader inspires trust† (Bennis, 2003, p. 45). However; leaders who search out opportunities, step into the unknown, are willing to take risks, and are prepared to meet whatever challenges may face them, are not always consider ed exemplary. The leader needs to empower others and support them, too. Enable others to act For leaders to enable others to act,they need to start with fostering collaboration by promoting cooperative goals and building trust.Create spiritual cooperation between all the organization’s members by emphasizing that you trust them and believe that they can do the best. Donald Evans, Secretary of U. S. Department of Commerce says â€Å"Nothing is important to being and effective leader that having an unshakable trusting relationship with those whom you work with and those you lead† (Yaverbaum, 2004, p. 232). Great work does not occur without active involvement and support. Achieving the purpose of the organizations must be everyone’s responsibility, and good leaders promote teamwork rather than competition as the road to success.Competition, which is trying to beat others, is vastly different in purpose from collaboration which is trying to do well. The cooperative relationships between members are assets of the organization. Leaders must know how to nurture them. In building a strong team out of people with diverse and sometimes conflicting interests, leaders must develop cooperative goals, seek integrative solutions and build trusting relationships. There is a truth that you cannot do it alone. A leader will ever get anything extraordinary done without the talent and support of others.You need others and they need you. Then, the second commitment to fulfill this practice is to strengthen others by sharing power and discretion. When you intend to make a decision, ask employees about their ideas and listen. Involve them in the decision-making process. Zenger and Folkman mention that leaders can find best recourses by asking people in work about their ideas and seeking details. Fell others that you are concerned about their ideas and opinions (Zenger & folkman, 2007). Enable others to act is considered a major forward step to the five practice which is encouraging the heart.Encourage the heart Encouraging the heart is the fifth practice set by Kouzes and Posner. Leaders who want to get extraordinary results should recognize contributions by showing appreciation for individual excellence. Thank employees who did a great job, surprise them by giving moral and financial support. Let them feel that what they did is considered something magnificent in order to push them to give more, at the same time, to encourage others who do not have contributions to compete with employees who have contributions. Continue by elebrating the values and victories by creating a spirit of community. Celebrate team success and pride in the accomplishments. There is a strategy to be a good leader is to explore and expect leaders around you (Zenger & folkman, 2007). By looking for leaders around you and giving them the feeling that they might be future leaders; you encourage them to do better. Credibility is the foundation of leadership The five pr actices that we have reviewed paint a partial picture of leadership. These practices are like a body without soul, so there is no benefit from this body.They are like pillars built on the sands which quickly will fall down. According to research done by Kouzes and Posner for more than two decades, they were looking for what people admire in their leaders. Findings were that credibility is the characteristic that employees admire in their leaders, as the research showcase that the top four characteristics that employees look for in their leaders are; honesty, forward-looking, inspiring, and competent, consequently; these four characteristic are the core of the credibility. The research ranged across the world and years .It shows that honesty is the number one trait then forward looking, competent, and inspiring (Kouzes & Posner, 2002). Employees follow you as a leader when they believe and trust you. But without credibility which is the foundation of the leadership, there is an uphil l battle will face you because you will try to pull the employees to your site and as you are the only pulling, soon both sites are being weary and give up (Brown, 2011). Without credibility, you as a leader will fail to transfer your values into actions then you will lose your employees’ trust.Table 1 Characteristics of admired leaders Percentage of Respondents selecting that characteristic Characteristic| 2002 edition | 1995 edition | 1987 edition | Honest | 88| 88| 83| Forward looking | 71| 75| 62| Competent| 66| 63| 67| Inspiring | 65| 68| 58| Intelligent | 47| 40| 43| Fair-minded | 42| 49| 40| Broad-minded | 40| 40| 37| Supportive | 35| 41| 32| Straightforward | 34| 33| 34| Dependable | 33| 32| 33| Cooperative | 28| 28| 25| Determined | 24| 17| 17| Imaginative | 23| 28| 34| Ambitious | 21| 13| 21| Courageous | 20| 29| 27| Caring | 20| 23| 26|Mature | 17| 13| 23| Loyal | 14| 11| 11| Self-controlled | 8| 5| 13| Independent | 6| 5| 10| Source: The Leadership Challenge by Ji m M. Kouzes and Barry Z. Posner , 2002. The Five practices of exemplary leadership are distinctive When we review all studies and research about leadership, we will find that Kouzes and Posner studies and findings are different. What distinguish their findings are the followings: 1- The length of the study period which more than two decades. 2- Collecting data from different people (employees, managers, CEO’s, leaders). – They made their research more than one time in different periods in order to determine the constants. 4- Their surveys covered the world. (Africa, North America, South America, Asia, Europe, and Australia ) 5- They transferred their findings into clear concepts. The five practices of exemplary leadership Exemplary Leadership Encourage the Heart Enable Others to Act Challenger the Process Inspire a Shared Vision Model the Way Credibility Conclusion: The Five Practices of Exemplary Leadership Make Extraordinary ResultsTwo recent research reports confirm the importance of the five practices of exemplary leadership (Kouzes & Posner, 2002). One of those reach was done by Richard Roi (2006). He asked the executives of 94 companies to rate their company’s senior leaders on the five practices of exemplary leadership. He analyzed those leaders with strong consistent application of the five practices; their companies had significant growth in net income and stock price by comparison with companies that has leaders with weak implementation for the five practices.There is a direct proportion between the five practices and the financial performance for the company. The second research consisted over 66,000 survey responses completed over the past two years. The finding is that the organizations that their leaders engaged in the five practices of exemplary leadership have significantly high levels of important employee attitudes (International leadership associates , 2007). The evidence is clear that the main reason behind the success of any organization is the strength of its leadership.Also, the evidence is strong that what make the leadership strong are the five practices of exemplary leadership. By these practices, leaders get extraordinary results and make significant differences in performance of their organizations. References Andy, S. (2006). challenge the process. ministry today magazine . bennis, w. (1997). leaders. new york: harper Business. Bennis, W. (2003). On becoming a leader. Cambridge, MA: Perseus Pub. Brown, M. (2011, 9 23). Credibility: A Critical Foundation of Leadership. Retrieved 2 23, 2012, from http://www. brownassociates. com/Blog/about International leadership associates . (2007). The Five Practices of Exemplary Leadership. International leadership associates. Kouzes, J. M. , & Posner, B. Z. (2002). the leadership challenge. San Francisco: Jossey Bass. Magalhes, F. B. (n. d. ). Leaders and Followers. Emerging Leader . Yaverbaum, E. (2004). leadership secrets of the world's most successf ul CEOs. chicago: dearborn trade publishing a kaplan proffessional company . Zenger, j. , ; folkman, j. (2007). the handbook for leaders.

Wednesday, August 28, 2019

Medieval History of Ireland Essay Example | Topics and Well Written Essays - 750 words

Medieval History of Ireland - Essay Example "For the medievalists, the greatest challenge is posed by the events the events which, so it is maintained by academics and lay people alike, have influenced Irish history substantially for more than seven centuries until the present time. At stake is the significance of the year 1169, the so-called Anglo-Norman invasion of Ireland and its impact on Irish society, in other words, the interpretation of medieval Irish history." (Richter) Therefore, it has been maintained by academics and lay-people alike that Christian belief, Norman invasions, and colonization have had important influence upon the medieval Irish identity. In a reflective analysis of the medieval history of Ireland, it becomes lucid that the country was greatly affected by continuous invasions from the various nations of Europe and the Anglo-Norman invasion of Ireland which started in 1167 was the most important invasion during the middle age. The expedition of Cambro-Norman knights started in 1169 was motivated by the renewed Norman expansion during the period. Significantly, the Norman invasion of Ireland was formally inaugurated by the landing of a Norman military force in the land at the request of Dermot MacMurrough. The Norman invasion of Ireland, consisting of a huge force of Normans, Welsh, and Flemish, changed the socio-cultural spectrum of the nation. The influence of the Norman invasion of Ireland on the medieval Irish identity is evident and it has been maintained by several scholars. "With the Norman invasion, Ireland could be said to have 'joined the club'. This implies not only that she shared the experience of many oth er countries in Europe and the Middle East who were peacefully infiltrated or militarily conquered by Normans between the eleventh and thirteenth centuries, including of course England, Scotland, and Wales, but also that she entered a world of shared ideology, custom, law, and culture which gave most of western Europe in the high Middle Ages a sense of community, inaccurately expressed from time to time as the unity of Christendom under the pope, or the alliance of feudal kingdoms led by the Holy Roman Emperor." (Simms, 53) Therefore, it is essential to realize that the Norman invasion influenced the ideology, custom, law, social life, and culture of Ireland and the impact of the Norman invasion upon the medieval Irish identity cannot be questioned. Along with the Norman invasion, the introduction of the Christian belief and colonization of the following period influenced the medieval Irish identity considerably. Significantly, the colonization of Ireland ensured the expansion of the Anglo-French colony in Ireland and the colonial period, in turn, influenced the cultural aspects of the people of Ireland in the medieval period. Another major element of the continuous invasion of the land and the colonization of the country by the foreign rulers has been the introduction of Christian belief in the country, and this Christian belief influenced the socio-cultural aspects of the country in the medieval period. "By the early thirteenth century the church in Ireland was thus organized much as it was elsewhere in Western Europe. There were of course some survivals from the older order But on the whole these survivals were unimportant There is, indeed, much evidence to show that at this period Norman

Entrepreneurship Essay Example | Topics and Well Written Essays - 2500 words

Entrepreneurship - Essay Example What do you learn about the reasons for entrepreneurial success? (60 Marks) To be able to it in a better manner let us define first what is entrepreneurship? After that we will know who is an entrepreneur? Having known, what are personalities of an entrepreneur? Only after understanding may we are in a better position to answer the question: â€Å"What makes Matsushita: The worlds Greatest Entrepreneur?† Wikipedia (2006) defines entrepreneurship as â€Å"the practice of starting new organizations, particularly new businesses generally in response to identified opportunities.† Further it said: â€Å"Entrepreneurship is often a difficult undertaking, as a majority of new businesses fail. Entrepreneurial activities are substantially different depending on the type of organization that is being started. Entrepreneurship may involve creating many job opportunities.† From the definition, we can now easily know the work of an entrepreneur and the necessary characteristics that he must have in order to undertake entrepreneurship. Since entrepreneurship entails succeeding and failing, the element of risk taking becomes as important characteristic of an entrepreneur. To understand more the work of an entrepreneur Wikipedia (2006) quoted several authors either defining or describing the work or characteristics of an entrepreneur as follows: According to Cole (1959), there are four types of entrepreneur: the innovator, the calculating inventor, the over-optimistic promoter, and the organization builder. These types are not related to the personality but to the type of opportunity the entrepreneur faces. There is basis to agree that Matsushita is an entrepreneur from the characteristics learned earlier. Since theory does not mention about entrepreneur being highly educated, there is reason to believe it may be one of them. Matsushita appears to not to be highly educated. He is a visionary (Nanus, 1992) leader and a

Tuesday, August 27, 2019

Medicare vs. Medicaid Essay Example | Topics and Well Written Essays - 500 words - 1

Medicare vs. Medicaid - Essay Example It covers inpatient expenses such as rooms, meals and tests. Part B, known as supplementary medical insurance pays for necessary doctor, laboratory and some outpatient medical costs. It is financed by premiums paid by enrollees. Part C is the Medicare Advantage Program through which private plans provide benefits to enrollees. Part D is a prescription drug plan that covers some costs of drug and is extended to anyone eligible for Medicare. Taxes collected through the Federal insurance Contributions Act and Self employment Contributions fund the program. The government uses this to refund the services providers (Stanfield, Hui & Cross 2011). On the other hand, Medicaid is the second largest health insurance program that serves low income citizens. Each state has its own Medicaid eligibility criteria. Recipients include children under 6years and family income is at or below 133% of Federal poverty level, adults, elderly (over 65 years) and disabled persons who have no or no income and receive state assistance such as foster care assistance (Stanfield, Hui & Cross 2011). As mandated by the Federal government, Medicaid covers the cost of outpatient and inpatient care, family planning services, laboratory tests, X-rays, transportation, rehabilitation and physical therapy services. Payments by the State are made to the healthcare providers based on a fee for service terms or through health maintenance organizations. Then each state is reimbursed for a share of their Medicaid expenditure. Beneficiaries are exempted from copayments from family planning and emergency services. Both Medicaid and Medicare have had an impact on all stake holders. These programs have increased the number of citizens seeking medical and health services, therefore, is predicted growth in employment in the health sector. Demand for primary care is on the rise especially from physicians and nurses with advanced degrees. According to Stanfield, Hui & Cross (2011), as more

Monday, August 26, 2019

Explain each element of the Dunnings OLI paradigm. Give examples for Essay

Explain each element of the Dunnings OLI paradigm. Give examples for each of the OLI elements for market-seeking and resource-seeking types of investment (6 in - Essay Example These categories are market seeking, resource seeking, efficiency seeking and strategic resource seeking motives. Market and Resource seeking motives have been the two most recognized categories of motives (Dunning 2000). These two are the main reasons for most first time internationalization attempts by firms. Yet, efficiency seeking and strategic asset seeking motives increase in importance and are more common as motives for those companies who are already engaged in multinational activity. Dunning also confirms that closer relations with customers and durable relations with suppliers were equally important motives. Besides, he suggests that internationalization was driven by opportunities abroad rather than threats at home. Opportunity has been described in a different vein by Williamson (1975). He states that incomplete contracts and missing markets gave rise to opportunistic behaviour and to fill the void companies chose to face the challenge with replacing external contracts by direct ownership and internal hierarchy. Dunning’s eclectic paradigm is useful in analysing the complex decisions made by Firms to go international. The three OLI factors help to explain why production is based in a foreign land in place of home country. It explains the value additions available to a company in host countries on account of OLI. Each of these factors offers some advantage that enhances the competitiveness and performance of the firm. Basically the home advantage of Ownership is transferred to the host countries for competitiveness. These are then transferred to specific host country where the best the Locational factors exist through FDI. Finally the Internalization or the internal expertise, partly due to O factors accounts for the competitive advantage that was originally the objective of the exercise. This has been confirmed by the similar internalization theory of Rugman (1984). The main

Sunday, August 25, 2019

What Effects Does Reading Recovery Have on Student Learning Research Paper

What Effects Does Reading Recovery Have on Student Learning - Research Paper Example This paper seeks to explore what effects Reading Recovery has on student learning with special reference to the significance of reading recovery intervention and the various approaches employed by specialist instructors. Definition of Reading Recovery: Reading Recovery is understood as a supplementary education program for the lowest-achieving first-grade children. For Dr. Marie Clay, reading is â€Å"a message-getting, problem-solving activity which increases in power and flexibility the more it is practiced† and â€Å"that within the directional constraints of the printer’s cue, language and visual perception responses are purposefully directed by the reader in some integrated way to the problem of extracting meaning from cues in a text, in sequence, so that the reader brings a maximum of understanding to the author’s message† (Clay, 1991, p. 6). As the quotation makes it clear, the first grade learner should be trained to acquire the message behind the reading process and it is the duty of the instructor to identify the stumbling blocks before the learner and to help him for problem solution. Goal and specifics of Reading Recovery: According to Wilson and Daviss, â€Å"the goal of Reading Recovery is to dramatically reduce the number of first-grade students who have extreme difficulty learning to read and write and to reduce the cost of these learners to educational systems† (Reading Recovery: Basic Facts 2010). For this, it is essential that the instructors identify the right lowest-achieving first graders and entrust them to a specially trained Reading Recovery teacher who is able to build their confidence level and enable them to work independently in the regular classroom. The selected students are offered a half-hour lesson each school day for 12 to 20 weeks with a specially trained Reading Recovery teacher and their lessons are discontinued as soon as the teacher feels

Saturday, August 24, 2019

Terms 'necessity' and 'duress of circumstances' Case Study

Terms 'necessity' and 'duress of circumstances' - Case Study Example "It includes the definition of specific offenses and general principles of liability." Black's Law Dictionary, 5th Ed. Apart from other actions that lead to harm to the community, and for which civil responsibility can be fixed, "criminal law is the primary instrumentality for preventing people from intentionally or recklessly destroying life and property" Simester, A P. and Sullivan, G. R. Criminal Law: Theory and Doctrine (2004) 2nd edition, (revised 2004) Hart Publishing. Criminal liability can be ascertained from two basic constituents of an action: "actus reus (actually doing an act of a criminal nature), and mens rea (the intention to carry out a criminal act)." Ashworth, A. (2003). In some criminal actions, the rule of strict liability is applied even if one of above is missing like in cases murder, assault damage to the property etc. However, common law principles provide for a defence to the accused. "The defendant is now seen as possessing a moral right to defend his autonomy, which is rendered superior to the assailant's rights by assailant's aggression." Ashworth, A (2003). Necessity and duress of circumstances are both defences based on excuse or justification. The main characteristic in the defence of justification available to the accused the main factor is that the act can be tolerated by society. According to Fletcher, this utilitarian attitude towards the non-punishment of harm-causers is supplemented by the intuitions of justice and retribution, to give an accurate account of the theory of justification. Ibid at pg. 285. Simon-Brown J elaborated upon English law on the "necessity" defence. He opined that English Law does in extreme circumstances, recognize a defence of necessity. It can arise from objective dangers threatening the accused or others in which case it is conveniently called "duress of circumstances". Secondly, the defence is available only if, from an objective standpoint, the accused can be said to be acting reasonably and proportionately in order to avoid a threat of death or serious injury. Thirdly, assuming the defence to be open to the accused on his account of the facts, the issue should be left to the jury, who should be directed to determine these two questions: (1) Was the accused, or may he have been, impelled to act as he did because as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious injury would result' (2) If so, may a sober person of reasonable firmness, sharing the characteristics of the accused, have responded to that situation by acting as the accused acted' If the answer to both these questions is yes, then the jury could acquit, and a defence of necessity would have been established. Duress of circumstances cannot excuse the commission of an offence after the time when the threat has

Friday, August 23, 2019

Ethics of selling body parts Research Paper Example | Topics and Well Written Essays - 1250 words

Ethics of selling body parts - Research Paper Example There are many avenues both legal and illegal that human body products can be sold through. According to () the amount of money one receives for trading in human body parts is in proportional to the risk involved. This source of income can be tapped again and again. The global trade in organs opens a large market worldwide with both legal and ethical issues. Being a living laboratory compared to no other laboratory known it can produce products such as Kidneys, blood, ovum, sperms, hair, also prostitution is said to be trade in human body parts and others such as surrogacy. These body parts are are sold through illegal and legal avenues. The human baby is made from a biological combination of sperm and ovum, thus there is no product made from scratch by factories. Good percentage of people who want children are unable to get hence they are helped by science but the important ingredients have to be used. Infertility science has improved so much such that it has developed into a multib illion ventures for entrepreneurs in this business. Buying of biological fathers has been made easier with the availability of sperm banks. A client chose a biological father depending on personality, education, ethnicity among many other factors; this is because when woman buys a sperm she is buying that mans medical history and genes. Screening is thorough in the legal markets for sperms. Ovum donation also referred to as egg donation, involves risks of infection and injuries to the donor, though it is a fifteen minute operation. But even with the modern invitro fertilization methods, many implanted embryos fail to hatch in the recipient’s womb. This technology enables women who are barren to get children.egg donors earn monthly for every months work, they can earn between $3000-$8000 dollars a month, but this is not a task for the squeamish. Man’s obsession with beauty has opened a large market for hair business. There are options for auctioning ones hair. Hair trad e is a multimillion dollar business and probably hair is the easiest body part to harvest and even to sell, depending on the texture of the hair. Prostitution is the oldest trade in human body parts that is practiced the world over but this is a service product. Other human body parts traded in are, the kidneys and the heart, which are done through kidney and heart transplant respectively, it involves a lot of risks to both the donor and the recipient hence it is very expensive for the recipient. for the heart the donor cannot remain alive hence it has not gained popularity because it is 100% risky and very expensive for one to afford .it is not like kidney transplant where the risk is not much since only one kidney is removed. Others like surrogacy involves provision of raw materials for human life, the only body parts sold here the hormones responsible for baby formation, maintenance and renting of the womb. The surrogate mother undergoes a grueling experience for nine

Thursday, August 22, 2019

Conflict Resolution Styles in Organizational Behaviour Essay Example for Free

Conflict Resolution Styles in Organizational Behaviour Essay Conflict is a process that every one of us has experienced throughout our lifes. There are various definitions of conflicts as described by different authors but generally, conflict is a process whereby one individual’s interests is opposed or negatively affected by the other party (McShane et al. 2010). Workplace and organisational conflicts are usually more complex. Isenhart and Spangle (2000) points out that at the beginning the conflict may start because of improper placement of workers and their responsibilities in a workplace, but it may get worse if they faces unfair rules, ineffective management, unclear responsibilities or too much work assigned. Organisational conflicts can result in many possible outcomes, the negatives ones such as damaged employee relations, violence, increased tension between bosses and employees but it can have positive outcomes too such as increased employee-cohesiveness and increased motivation. How it will be achieved will be discussed through the elements of conflict and will be listed in greater details. Ways in which people approach conflict Avoiding Avoiding is probably the fastest way of resolving a conflict but at the same time it is not the best way because most of the time the avoider will remain unhappy even after the conflict. It does not permanently resolve the conflict (McShane et al. 2010) and in my opinion it is just ‘postponing’ the problem to have it solved at a later date. McCollum et al. (2009) states that the person who is avoiding thinks that confronting the conflict will bring more trouble than it is worth. The avoider also decides to not deal with the conflict because he or she might not have the confidence to do so. This seems like the more popular choice amongst the five ways in which people approach conflict based on my experiences because people simply do not want unnecessary trouble or aggravate the problem, especially if it is a minor issue. Avoiding pays no attention in concerns of either self or others (Kotthoff Spencer-Oatey 2008). This is the least-sought option amongst the five approach es but however, McCollum et al. (2009) suggests that avoiding can be a tactical approach when the other party has more strength and authority over you; and/or the avoiding the conflict will bring little or no devastating consequences. Problem-Solving I deemed this to be the most effective way in resolving organisational conflicts because both parties will benefit if they manage to find a double-win solution to the problem. This is considered to be the most desirable approach to conflict as there are no negative impacts at all. Only positive results will surface. Runde Flanagan (2009) suggests that there might be a link between avoiding and problem-solving. Because many people tend towards avoidance, they often rush through problem solving and immediately use the first solution that they can think of so as to quickly get over the conflict, without any beneficial solutions. The key in using problem-solving as an approach to resolve conflicts lies in having patience to create multiple potential solutions. Careful reflection and consideration will progress into agreements that are both satisfying and successful (Runde Flanagan 2009). Therefore when undergoing problem-solving, both parties must not rush to a solution immediately or else the solution may backfire or do not satisfy both parties’ needs. Three strategies that help people manage conflict Before discussing about the three different strategies that help people to manage conflict, the strategies used are basically divided into three categories and they are interest-based, rights-based and power-based (Jameson 2001). Three different strategies from the three categories will be discussed respectively. Jameson (2001) advises that all resolutions of disputes and conflicts should start with a interest-based strategy, and if it does not resolves the conflict, it is followed by a rights-based strategy and if conflict persists, power-based strategy is then applied. Mediation (Interest-based) Jameson (2001) suggests that mediation is a form of ADR (Alternative Dispute Resolution). Research has shown that interest-based strategies such as mediation had the best long-termed results such as improved relationship between parties, greater commitment to solutions and reduced future conflicts from happening. This is why involved parties in a conflict should use this approach as it reaps the most benefits. Even though there are many theories and various methods underlying mediation, it is generally defined as an intervention by a neutral third party which facilitates the process but allow participants in the conflict to control the outcome (Jameson 2001). Depending on the severity of the conflict, the mediator is to provide useful information in legal issues, help the participants into perspective thinking, provide a guide in finding the most satisfying and realistic settlement, help to improve the working/personal relationship between participants, or engage in some combination of the above methods. Inquisitorial Intervention (Rights-based) This describes intervention by a person of a higher authority; in most cases is the manager, who will make a final decision. Managers who adopt this strategy allow employees more or less control over presentation of their arguments before deciding on an appropriate solution (Jameson 2001). Because the third party(manager) listens to every party’s arguments before making a judgment, the manager acts as a ‘judge’ and this usually results in a win-lose situation, unlike Mediation which results in a win-win situation most of the time. Employees are given the opportunity to present their arguments and influence the final decision and this result in higher amount of fairness and satisfaction with outcomes. Employees involved in the conflict usually agree that the outcome decided by the third party is fair, but it could be better if they are able to retain the outcome control. Restructuring (Power-based) This is the more realistic popular method amongst power-based strategies because they are efficient (at least in the short run) and it follows a problem-solving procedure that is actually part of the managerial role (Jameson 2001). A powerful third party restructures the work and responsibilities of employees in order to solve problems. For example if employees does not see eye-to-eye with one another and it affects efficiency or quality of work produced, restructuring may simply solve this issue even though parties involved are not satisfied but at least they will not be able to see each other, proving restructuring to be a efficient method in the short run. This method may be efficient if time issues are being involved, such as the organisation needs to achieve a certain target by a certain date. Influence of culture in conflict resolution styles The three cultural values dimensions that are popularly discussed are individualism-collectivism, power distance and high-low context (McShane et al. 2010). Low/high context: refers to the amount of information contained in a clearly-expressed message versus implied message (Adair et al. 2004). Low-context culture is direct and negotiations are analytical and fact-based, while high-context culture is indirect and high-context negotiators tend to use an indirect communication method with usually contains implied meanings. An example of a low-context culture would be the United States of America and a high-context culture will be Japan (Adair et al. 2004). Individualism/Collectivism: Individualism refers to a society where the relationships between people are loose and they are expected to look after themselves or their immediate families only. Collectivism which is the opposite, refers to a society that people focus on being harmonious and emphasize on cohesiveness within themselves. In organisational context, individualism means individuals only care about their own goals and prefer to work alone and collectivism means working harmoniously in a teams and it emphasizes on teamwork. Power distance: McShane et al. (2010) defines power distance as the degree of importance that people place on status and power to control. Basically it means that human inequality may occur in many fields such as status, wealth, power, rules etc. In organisational settings it refers between superiors/managers and employees mainly. In a high power distance working environment, employees tend to just do their work without raising doubts or question their bosses, due to fear in the difference of their power, low power distance means otherwise, where employees and their superiors work hand in hand to resolve issues. A few decades ago, managers can spend up to twenty percent of their time in resolving conflicts. Nowadays, conflicts are generally much more complex and take up more time to resolve due to technological advances, world’s exponential growth rate and globalization which led to increase contacts between people of many different cultures (Kotthoff Spencer-Oatey 2008). This suggests that our modern world has an increase of numbers of cultural conflicts and they are usually hard to resolve due to the extreme range of differences in thinking, values, ethics etc between individuals of different cultures. To further elaborate on this point, Brigg (2008) states that most experts in this field now come to an agreement that culture frames the experiences of conflict of people, their reactions and responses to other people in conflict, and the types of strategies they might consider to manage or otherwise address disputes. Therefore when facing against a cultural conflict issue, one must understand that the other party does not grow up in the same environment as him/her, had not been taught the same teachings and values since young. To put in simpler terms, the definition of what is right and what is correct might not be the same between the two parties. This also explains why it is so difficult in applying conflict resolution styles when it comes to cultural conflicts because it is hard to accept the other party’s â€Å"correct† values which may be the â€Å"wrong† values of one as both of them have been gorged those values since young in their growing up environment. Conclusion Two ways of conflict-handling styles were discussed and avoiding can be a good approach sometimes despite many of its negativity and although problem-solving is the best approach, it cannot be rushed and many potential solutions must be raised in order to finding the best solution. Three strategies from three different categories of conflict resolution styles were discussed and despite the major differences in terms of popularity of usage and way of handling, all the three strategies can produce effective results in organisational settings if they were applied in the correct circumstances. Three cultural values dimensions were discussed and it was also explained that influence of culture in conflict resolution styles remains fundamentally significant and it is currently the most challenging in conflict resolution.

Wednesday, August 21, 2019

One child policy of China Essay Example for Free

One child policy of China Essay The issue of population growth has been one of the major problems faced by world over past century. The exponential population growth, popularly termed as population explosion, has led to unprecedented rise in human population, which has numerically grown by over 4 billion to 6 billion in the last hundred years itself. This enormous growth in human numbers has spawned social and economical problems of severe complexity, especially considering the fact that most of this growth has happened in economically underdeveloped countries of Asian and African region, particularly India and China, both of whom have seen their population growing past a billion mark. Supporting such huge number of ever rising population is indeed a challenge for any country, as natural resources threaten to run short, and economic privations become a general norm. Under such circumstances, population control becomes a necessary government objective, the validity, importance and meaningfulness of which are undisputable from environmental, economic and social angels. However, population control policies have always generated controversies from humanitarian and ethical viewpoints, the most noted example of them being the population control policy of People’s Republic of China that restricts couples to having just one child (Xue, 1996). Although highly effective under China’s strict state policies, it is indeed an extreme measure that has invited criticism from all over the world because for its forceful rather than coercive implications. Issues involved As stated earlier, unchecked rise in population is indeed an invitation to complex and unmanageable problems that no nation state can handle irrespective of its size and resources. However, the issues involved with China’s one child policy are very complicated and affect some basic concepts of right to life and existence China launched its aggressive family planning scheme in mid of 1970s when suddenly its policy makers realized the dangers of a rapidly growing population that had reached one billion mark by 1980s (Smith, 1991). In the previous two decades the government had failed to take in cognizance of growing population due to stability and improvement economic conditions, availability of medical facilities, medicines and drop in child mortality. More ominously, as demographers realized, the rapid growth of population in previous decades implied that by 1980 more than half the population was approaching marriage age, which meant that even under decreasing fertility rate, the Chinese population would reach 1. 4 billion by end of the century (White, 2003). This realization launched Chinese policy makers and government in a frenetic attempt to implement some of the strictest population measures that included a one-child policy per couple to contain the population under 1. 2 billion (Richards, 1996). This draconian measure was explained and justified from various social and economical angels, one of which was arguable shortage of cultivable land (Smith, 1991). As government argued, the cultivable land per person had come down from . 20 hectare in 1949 to . 10 hectare in 1980 due to almost doubling of population in the same period and hence the ensuing crisis demanded critical measures (ibid). Moreover the state infrastructure and its capacity to support such large population, provide adequate medical and educational facilities and ensure jobs for it would become increasingly difficult. As claimed by supporters of the one child policy, the policy was merely concerned with providing economic incentives and preferential treatment to families with one child such as paid pregnancy leave, lucrative salary bonus, and state sponsored or free educational and medical facilities, facilities that families with more than one child lack. Further disincentives created for larger families include financial penalty on birth of second and third child that are respectively 20 and 30 percent of the annual income of the family (Richards, 1996). The policy was tooth and nail opposed by a large proportion of Chinese people, and especially by those in rural areas but government decided to continue with it seeing its possible benefit in controlling the population question. One of the main problems disturbing Chinese leaders was China’s low GNP and very simple calculations showed them that to increase GNP in the longer run, they required to reduce or contain the number of people, which was the easy way against the hard route that involved working towards increasing the economic output (Feng, 1996). Containing population growth was presented was the single panacea that could increase per capita income, help achieve modernization plans, give impetus to the economy and solve the problem of additional resource requirements that rising population presented (Feng, 1996). The one child policy is considered officially successful and instrumental in significantly reducing birth rates, fertility rates, growth rates and death rates and its expected that soon the population would began to decline at a faster rate as children born after the implementation of the policy would have less desire to have a family of more than one child (Richards). Also to wash off its hand from the negative effect of the policy, such as increased number of female feticide, and suicides among Chinese females, the government insistently attributed them to backward and obsolete Chinese culture and customs. Conclusion Despite the claims of the supporters and the official government, it cannot be denied that the very concept of the one child policy involves flagrant violations of the rights to live, procreate and live socially. In its zeal to implement the policy, Chinese authorities permitted such extreme measures as forcible abortions and sterilization, which were openly illegal in every humanitarian statute (Xue and Xiaokang, 1996). By making childbearing an illegal act, the government forcibly tried to change the demographic dynamics with dangerous social consequences that threatens to create a mundane and homogenous society bereft of any relation except parents and in-laws. Also the one child policy triggered a large number of female-infanticide that threatened to dangerously alter male-female sex ratio in China. Of course the most cruel fate was reserved for those who were born outside this policy, that is the second and third child of the family who were denied any state support and facility in a perfectly state controlled society. In the wake of an economically prospering and comparatively stabilized China, it’s the call of the hour for Chinese government to finally abandon and bury its anti-people one child policy and work on creation of a more informed society.

Crime and Society Essays criminal justice considerations

Crime and Society Essays criminal justice considerations INTRODUCTION the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes (Pampel, 2000: 52). This can be revealed most clearly in the sociological aspects of youth crime. However, it has also been claimed that social policy should evaluate how policies impact on peoples lives (Blakemore, 1998: 5). Durkheim noted that society works best when it exercises control over individuals (Pampel, 2000: 72). Acceptable behaviour is enforced through law and morality which is maintained through rules and principles: the cement of society (Devlin cited in Elliott and Quinn, 1998: 449). This cement illustrates legal moralism that has been identified as socially significant (Cotterrell, 1989, Page 1). Accordingly, an analysis of laws conceptual structures (Cotterrell, 1989, Page 3) could be ascertained and the importance of shared values emphasised, ultimately influencing individuals behaviour (Pampel, 2000, Page 57). This has been reflected in a decline of organic solidarity, differentiating societys collective conscience, and thereby creating an environment for an increase in crime. This philosophy of inter-related support has been recognised as structural functionalism which, taken to extremes, acknowledges that poverty and crime are normal and natural functions within any healthy society (Pampel, 2000, Page 75). The rule of law should represent the ideal of a universal goodness exhibiting no negative impact on any given society, and no negative characteristics that could apply to its nature according to Thompson (Thompson, 1975, Page 266). Unfortunately, it appears to be this concept that has swung too far in the favour of societys miscreants, to the detriment of their victims, the communities in which these offenders live, and the weaker members of society, prompting the current debate on victims rights and David Blunketts intentions to re-address the balance to deliver real justice to victim s and the wider community (Blunkett, 2002b). This essay evaluates the wider issues surrounding the criminal justice system, social policy and how feminism and the study of gender impacts on these sectors. Classicism and positivism are particularly relevant to any study of criminology and lead to an introduction of criminological theories which attempt to put feminism into the context of social policy within the criminal justice sector. Crimes amongst the youth might also be considered to be a reflection of the current social trends and this facet has briefly been evaluated in terms of social environment. The conclusion summarises many details introduced in this essay. 2. DISCUSSION 2.1 Definitions of crime The Royal Commission on Criminal Justice was set up to: examine the effectiveness of the criminal justice system in England and Wales in securing the conviction of those guilty of criminal offences and the acquittal of those who are innocent (Zander, in Martin, 1998). The Runciman Commission made 352 recommendations in 1993, from police investigations to disclosure of evidence (Field and Thomas, 1994 cited in James and Raine, 1998: 40). All aspects of the criminal justice system came under scrutiny, with 600 organisations contributing to its evidence (Martin, 1998: 115). During this period, the Criminal Justice and Public Order Act 1994, the Criminal Appeal Act 1995 and the Criminal Procedure and Investigation Act 1996 were all implemented, with varying interpretations and capricious emphases which altered according to Management changes. Pampel observes, however, that: the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes (Pampel, 2000: 52). Durkheim, meanwhile, noted that society works best when it exercises control over individuals (Pampel, 2000: 72) with Weber maintaining that: societies work more smoothly when the use of power has legitimacy in the eyes of both the rulers and the ruled (Pampel, 2000: 113). Deterrence, retribution, rehabilitation and incapacitation constitute the four major theories of punishment. Deterrence aims to reduce crime through threat of punishment, or through its example. The concept is that the experience of punishment would create an impact unpleasant enough to prevent any further offence. Penalties are established to prevent crime being contemplated, with the idea that the example of unpleasant consequences would make potential criminals reconsider any future offence. Retribution requires an offender to contribute community-based endeavours through proportionality related to the crimes committed. The concept involves cleaning the slate through enforced labour to account to society for any misdemeanour. With the intention of better justice through more consistent sentencing, the White Paper preceding the Criminal Justice Act 1991 suggested that convicted criminals get their just deserts (HMSO, 1990a). This concept does actually limit the States power through limiting exemplary sentences, achieving parity when two offenders receive similar punishments for similar crimes. The National Victim Support Programme was considered a way forward with respect to societys acceptance of restorative justice but both of the major political parties have pursued half formed and in many ways half hearted policies in relation to victims of crime. There is little indication of change in this area (Newburn and Crawford, 2002: 117). Conformity through inner positive motivation exemplifies the theory of rehabilitation, although it has been criticised for disparity in proportionality. The concept is not based on the degree of offence committed or focused on the criminals past, but on future rehabilitation to preclude re-offending through changes of circumstances. Conversely, incapacitation recognises that some offenders fail to respond to deterrence or rehabilitation and continue to commit crimes as and when an opportunity to do so presents itself. For criminals with this mindset the only option is protective sentencing to prevent further crimes being committed, thereby punishing the offender for crimes committed with a further implication of punishment for future crimes that could be envisaged if released. An equally important part of restorative justice must be in measures to prevent crimes being committed. Funding of 6 million has been invested in a Government programme to reduce crime. Some of these measures include restorative justice, enforcement of financial penalties, CCTV initiatives, treatment of offenders, youth inclusion initiatives, targeting policies and intervention work in schools To be effective in developing suitable policies the criminal justice system need to approach the problem from different angles simultaneously, and adopt a policy of co-operation and co-ordination across all involved parties. Since the inception of the Regional Crime Squads (South cited in Maquire, 1994, 423), co-operation has existed across autonomous police forces, and surveillance intelligence squads can acquire information which, along with co-operation from the other agencies which make up the criminal justice system, can be collated and used to prevent some of the worst excesses of violen ce and crime erupting. Novick argues that the basis of the State is a need for a single and efficient protective association in a territory (McCoubrey White, 307) with Jacques considering that economic efficiency needs to be assessed in respect of its impact on human feelings, on community and on social relationships and the quality of life in society (Jacques, 1976, 15). Adjudication provides a formal mechanism for resolving disputes, with rules of change available to deal with new problems requiring further elucidation and rules of recognition involving prerogative powers and the sovereignty of Parliament. These rules do not account for those natural rules which acknowledge those inherent fundamental human rights. According to Finnis (2002), each individual is aware that deviation from societys code of behaviour would result in sanctions being applied to avoid injustice. The ethos Finnis applies to his explanation of retribution is considered to rectify the distribution of advantages and disadvantages b y depriving the convicted criminal of his freedom of choice in proportion to his unlawful act. Regardless of theories, an escalating scale of crimes continue to be committed, with 5.2 million offences recorded in England and Wales during 2000 (Recorded Crime, HMSO Press Release, 19/01/01) which, when compared to 3.87 million in 1989 and 479,40,018 in 1950, has an effect on long term projections in the prison population to 2008 (British Crime Survey 2001 2002). Evidence of this was exhibited when the disturbances in Strangeways prison took place in 1990, prompting the Woolf Report (Custody, Care and Justice, HMSO, 1991). It was published as a White Paper in 1991 and highlighted the relationship between overcrowding in prisons and the maintenance of control, promoting ongoing discussions about the aims of imprisonment. Meanwhile, the crime response and solving rate has fallen from 45% to 29% despite the number of police officers having increased from 63,100 to 126,500 (British Crime Survey 2001 2002). Maguire suggests that: increasing numbers of police officers, an increase in telephones making reporting easier, increasing use of insurance, and reduced levels of public tolerance to violence have all contributed (Maguire, cited in Croall, 1997). Stern recognises the system often precludes dedicated people from a more effective route of exacting retribution (Stern, 1989: 247). The diversity of ideas and practices associated with the restorative justice movement exemplify the difficulties associated with the concept. Johnstone (2003) highlights the paradigm of justice associated with practical experimentation that underlies the values and ideas which involve a number of models of theoretical law covering criminal and civil law together with restorative justice. The relevance of this earlier part of the essay reflects the ethos of restorative justice: this is not a new concept, nor can it be viewed in isolation. 2.2 Classicism, Positivism and Realism The divergence of positivism from its precursor, classicism, was described by Austin as a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. (Austin, 1995: 9). Parallels with this concept can be illustrated within the feminist model whereby women were classed as irrational beings and of secondary importance to men. It has been acknowledged that criminological theories have been developed by men for men and attempts to categorise women offenders in accordance with these precepts fails to be applicable (Gelsthorpe and Morris, 1990: xii-8). In other words, men have acquired a dominant position in society. Left realism reflects this dominance. The ethos of left realism illustrates that certain types of behaviour that is more prevalent amongst the less powerful would be classed as criminal. Criminal laws were then introduced to reflect this concept. Rather than the criminal being regarded as an acquiescent offender, left realism would ha ve them portrayed as a victim of society. Furthermore, it is from the concept of left realism that the notion of a number of actors, involving the offender, the police, the victim and the criminal justice system has developed. Left realism distinguishes between a macro level of crime theory and a micro level, the former involving the sociological aspects and the latter a more micro level involving an individual and personal viewpoint of crime (Lilly, Cullen Ball, 1995) and takes into account the role of the victims of crime. Constraints on space preclude a detailed discussion on left and right realism, but an overview identifies four important factors which are regarded as being inter-related and which contribute to a holistic image of crime on both a micro level and a more integrated macro level (Young, 2002). The various theories, such as Labelling Theory, represent right realism and tend to focus on the offender and the reasons why they acted in the way they did. The emphasis on feminism within the field of criminology evolved through the ethos of left realism, where male dominance was recognised for its fundamental contributions to traditional criminological theories. A universal assumption relates to womens particular role within society and, accordingly, studies of women offenders are considered particularly relevant to the sociological facets such as morality and economic situations (Smart, 1976). It has been recorded that 84% of known offenders in 1984 were men, from which Heidensohn notes: Women commit a small share of all crimestheir crimes are fewer, less serious, more rarely professional, and less likely to be repeated (Heidensohn, 2002, 491). Furthermore, according to Barclay (1995, page 20), just 8% of women were convicted of an indictable offence from a population born in 1953 (cited in Heidensohn, 2002, 494). It must be noted that, whilst violence is most often perpetrated by men, 1 in 5 occurrences of violence against women were committed by other women (Coleman and Moynihan, 1996, page 97). According to Gelsthorpes model, however, any studies focusing on womens criminality often tend to focus on their gender rather than the crime itself (1986: 138 149), resulting in sweeping generalisations being made and an assumption that women are mad not bad (Lloyd, 1995: xvii cited in KeltaWeb, 2005). Taken further, it has been suggested that laws are constructed and enforced by men to the disadvantage of women (Burke, R, 2001). Criminology from the feminist perspective is exemplified through either liberal, radical, Marxist or socialist models, the latter also incorporating post-modernism and eco-feminism. The significance of the feminist stance within the criminal justice system relates partly to societys perception of their biological function and lack of rationality, in accordance with Lombrosos theories of atavism. This positive philosophy is a disparate variation from classicism, and was introduced into criminological theory by Lombroso, Ferri and Garofolo (Williams and McShane, 1991: 35) although it was noted that They failed to find the numbers of born female criminals marked by physical, atavistic traits which they anticipated (Heidensohn, 2002, page 492). Heidensohn notes, however, that the evidence of Lombroso and Ferreros work has survived whereas their equivalent rese arch relating to men did not (Heidensohn, 2002, page 493), although other research revealed the importance of sociological and environmental factors (Heidensohn, 2002, page 493). The distinct theories of classicism and positivism have been recognised in criminological studies as the two major hypotheses in the science of penology, conceding criminal anthropology as inherent in identifying criminals through their genetic structure, likening it to atavism (Lombroso, 1876). All people are considered equal according to classicist precepts and governments are created by those individuals to protect the peoples rights through the recognition of a social contract (McCoubrey and White, 1999: 60 84). Classicists aspire towards civil rights, realised through the law as a system of due process. It is this emphasis on the social contract that compounds the deviance as a moral offence against society. Punishment is proportional to the seriousness of the offence and can only be justified to preserve the social contract and deter others (Williams, 1997: 8). The constrained concept of Classicism identifies as autonomous a person who is the result of their environment. Positivism, however, has been documented as either internal, [assuming an atavistic involvement of the psychological or biological aspect], or a sociological aspect of positivism which is outside an individuals control (Burke, 2001: 272) and assumes a dependency in individuals. Positivists approach deviance from a scientific perspective which enables deviance to be rectified through a combination of power and knowledge. The correlation between positivism and criminological theory identified criminals through an inherent genetic structure, perceived as atavistic features edifying villainous characteristics which could be identified through isolationist principles and surveillance experiments and through case studies (Lombroso, [1876] in Williams and McShane, 1991: 35). These sociological studies exhibited a reciprocity which was attributed to a specific social order, deviation from which society recognised as a criminal act. Positivist theory attributed this deviation to an abnormality that could be treated, with the hypothesis suggesting that criminals could be reformed. As the final result was intended to protect society from harm, punishment was sanctioned to provide treatment, not to punish, with cognitive treatments involving group therapy sessions and the use of drug therapies to achieve these objectives. Conversely, Bentham and Beccaria propounded the classical theory of fundamental rights associated with natural law. Their utilitarian principles of autonomy, liberty and rationality acknowledged deviance as a rational act against the rules of society and from which these miscreants needed to be dissuaded through the application of punishments (Burke, 2001: 270). 2.3 Criminological Theories Hobbes observation of human actions being ultimately self-serving, including the concept of morality, related cognisance to a state of nature which guarantees the survival of the fittest. Classicists such as Hobbes, Bentham and Beccaria considered that deviance is an inherent characteristic in the psyche of all individuals (Gottfredson and Hirshi, 1990), displayed as an expression of human rationality towards the presence of bad laws (Beccaria, 1963). Beccaria suggested that punishments should be consistent and logical and bound within the legal system. From the basis on non-conformity to societys rules, deviance has been regarded as a miscreants response to temptation and the exercise of their power over others. Use of a structural method elucidates relationships between a hierarchy of individuals and groups which have been considered to be inherent within the structural approach to criminology and, equally important, societys reactions to criminal behaviour. Crime tends to exhibit specific reactions against deviance, evidence of which can be seen with the Labelling Theory (Lemert, 1967) which focuses attention on the hierarchical role of crimes in society. Control theory, meanwhile, unearths links between individuals and institutions, for example family background and upbringing and corresponding behavioural actions and reactions. Hagan relates this philosophy to what he terms the structural study of crime (Hagan, 1988: 3) and the Power-Control Theory which plays a significant role in explaining the social distribution of delinquent behaviour through the social reproduction of gender relations (Hagan, 1988: 1 287) and affects the social distribution of delinquency. Moreover, one important aspect of this theory is the ethics associated with crime and delinquency, for example, the effects of gender on criminality. Gottfredson and Hirschi (1990), meanwhile, suggest that classicism is revealed through the control theories which exhibit consequences painful to the individual. (Gottfredson and Hirschi 1990) Positivism in relation to criminology depended on the scale of rationality between free will and determinism according to precepts of Cesare Lombroso whose explanations of criminal behaviour resulted in the criminal born man or woman who exhibited physical attributes leading to their recognition as criminals, a situation not supported by Durkheim. Too many variables made Lombrosos theory precarious but his typologies were correlated between certain offenders committing certain kinds of crime (Gottfreddson and Hirschi 1990). A number of other theories exist to explain a psychological or sociological basis to the science of criminology. Bandura and Eysenk studied observational learning, conditioning and personality traits, whilst the Strain Theory and the Anomie Theory of Merton blame environmental pressures on deviance, with the Subculture Theory attributing lack of attainment to societys expectations to be at the heart of offending. 2.4 Sociological Aspects of Youth Crime Whilst all people might be considered equal according to classicist precepts, with governments created by those individuals to protect the peoples rights through the recognition of a social contract (McCoubrey and White, 1999, Page 60 84), David Blunkett singles out a specific sector of society by suggesting that: nearly three quarters of street crime offenders are under 17 and a hard core five per cent of juveniles are responsible for 60 per cent of offences for their age group (Blunkett, 2002c). Clearly, despite the introduction of innumerable projects designed to re-integrate offenders back into their communities, the growth in lawless behaviour has not diminished. Many measures to restrain unacceptable behaviour are now available, amongst which are Youth Offending Teams, Final Warning Schemes, Detention and Training Orders, Acceptable Behaviour Programmes, Parenting Orders, Reparation Orders and Anti-Social Behaviour Orders (Blunkett, 2002c) although, retrospectively, little appears to have improved. In December 2003 Lord Falconer of Thoroton emphasised that this: crime and anti-social behaviour corrupts communities, eating away at the fabric of the way we all want to live our lives (Lord Falconer, 2003). An increasing lack of morality appears to be more prevalent within modern society, with Chief Superintendent of Greater Manchester Police describing these amoral youths as feral (The Times, 2005). Despite all the legislation at the disposal of the criminal justice system, however, the yob culture appears to be endemic, with the vulnerable in society more at risk of becoming victims than ever before. The media report lurid headlines on a daily basis: Beaten to death on his doorstep (Daily Mail, 2005); Beaten up on Video Phone (Daily Mail, 2005); Hoody ban eases shoppers fear (Daily Mail, 2005, page 8). The edition on May 19th 2005 reported how thugs attack a funeral car by launching an 8 foot length of wood through the windscreen of the car travelling immediately behind the hearse. It has been reported that some forces are not making good use of legislation and tackling the imitation firearm problem (Deputy Chief Constable, Daily Mail, 2005, Page 8) when children, some as young as 13, routinely carry replica BB guns, which can cause serious injury to targets up to 30 yards away, around the streets. CONCLUSION In 2002 the Home Secretary intended: to deliver real justice to victims and the wider community and strike a fair balance between the rights of victims and the accused (Blunkett, 2002a). The Legal Action Group suggest that victims and defendants rights are mutually incompatible (Cape, 2004, page 1) and suggest that victims rights are not being catered for; their rights are neither acknowledged nor respected. However, they also ascertain that, in making it easier to convict defendants is not in the best interests of the victims. The fragility between rights to security and freedom and the obligation to protect communities, reflects a natural result of shared morality without which rules would lack meaning (Pampel, 2000, Page 67). This factor was clearly recognised by David Blunkett who acknowledged the public felt that the system had swung too far in favour of the accused (Blunkett, 2002a). This intensely deep-rooted problem of lawlessness within communities cannot be solved by the police alone. Henham observes that this can only be achieved through: disregard of formal legal controls which prove an obstacle to the production of a high conviction rate although he acknowledges that due process maintains an adherence to courtroom procedure and protection of the individual (Henham, 1998, Page 592). Many organisations have highlighted the growth in recorded crime despite measures in place to punish the offender. Punishment falls into various areas from incapacitation to retribution, deterrence to rehabilitation. A large number of theories abound, all attempting to explain the reasons behind criminal actions. These theories investigate the backgrounds of criminals, their psychological and physical attributes and their positions in society together with their abilities to cope with expectations placed on them by society. As yet there has been no definitive answer and, due to so many variables, there possibly never will be. Controversially, Durkheim believed that a certain amount of crime failed to harm society and was normal and valuable in a healthy society (Cotterell, 1992: 159), with the ideas of right and wrong being reaffirmed through the existence of crime and punishment (Pampel, 2000: 59). This reflects a natural result of shared morality without which rules would lack meaning (Pampel, 2000: 67), promoting the concept of the durability of social life inevitably assuming a definite form. Individual and collective morality would assume that offenders should be punished to maintain the stability of the community and maintain their safety. Our collective conscience ensures that the majority accept the rule of law and accept that deviance needs to be punished. Psychologically, restorative justice is assumed to invoke aesthetic sentiment of forgiveness for miscreants and release for victims. What it fails to do is provide society with assurances that their safety and integrity will be maintained in an atmosphere where the offenders rights appear to be upheld in variance with those of the victim, or the fundamental rights the victim is entitled to expect. A personal view could be recorded which considers that restorative justice exhibits illusionary tendencies to pacify the reformers at the expense of societys status quo. Clearly, not a supporter of restorative justice this writer intuitively distorts the semantics and cognitively refers to this concept as retributive justice: more aptly named, and far more appropriate for the majority of offenders who, regardless of intervention programmes to rehabilitate them will continue to offend despite societys best efforts. BIBLIOGRAPHY Austin, 1995, cited in Martin, J (1999): The English Legal System: Oxford, UK, Hodder Stoughton, p.115 Beccaria, Cesare. (1963) [1764]: On Crimes and Punishments. Indianapolis: Bobbs-Merrill. Blakemore, Ken (1998): Social Policy: an Introduction: Buckingham, UK: Open University Press Blunkett, David (2002a): Balance of rights essential to effective justice. June, 19 Speaking at the Metropolitan Police Modernising Criminal Justice Conference http://www.cjsonline.org.uk/news/2002/june/balance_of_rights.html Blunkett, David (2002b): Justice for All Radical reform of the Criminal Justice System unveiled. July 17Criminal justice reforms unveiled. Announcement from Home Secretary to the Police Superintendents Association of England and Wales http://www.policesupers.com/police-supers-news.asp?news_id=139 Blunkett, David, (2002c)introducing the publication of the new White Paper, Justice for all, 2002, November 14: speaking at 3.30pm at the Youth Justice Board Annual. Cape, Ed (2004): Reconcilable Rights: analysing the tension between victims and defendants. Legal Action Group, 2004. http://64.233.183.104/search?q=cache:FHPdMNH7Xw0J:www.rethinking.org.uk/informed/lagbriefing.pdf+current+debate+regarding+victims%27+rightshl=en Burke, Roger Hopkins (2001): An Introduction to Criminological Theory. Cullompton: Willan publishing Cape, Ed (2004): Reconcilable Rights: analysing the tension between victims and defendants, Legal Action Group, 2004. In Victims and defendants rights: can they be reconciled?. Rethinking Crime Punishment, 2005, April, http://www.rethinking.org.uk/informed/lagbriefing.pdf Coleman, Clive and Moynihan, Jenny (1996): Understanding Crime Data: haunted by the dark figure. Buckingham, Philadelphia, USA: Oxford University Press Cotterrell, Roger (1989): The Politics of Jurisprudence: a Critical Introduction to Legal Philosophy: London, UK: Butterworths Cotterrell, Roger (1992): The Sociology of Law: London, UK: Butterworth Daily Mail Newspaper, 2005, May 20: Green, Deputy Chief Constable, Greater Manchester, Page 8 Daily Mail Newspaper, 2005, May 19: Thugs attack a funeral car Daily Mail Newspaper, 2005, May 20: Hoody ban eases shoppers fear, Page 8 Daily Mail Newspaper, 2005, May 21: Beaten to death on his doorstep, Front Page Daily Mail Newspaper, 2005, May 20: Beaten up on Video Phone, Front Page Devlin cited in Elliott, C Quinn, F (1998): English Legal System (2nd edition): Essex, UK, Addison Wesley Longman Ltd Field Thomas (1994) cited in James, A Raine, J (1998): The New Politics of Criminal Justice: London, UK, Longman Finnis, John (2002): Natural Law: the Classical Tradition. In Coleman, Jules L and Shapiro, Scott (eds): The Oxford Handbook of Jurisprudence and Philosophy of Law Oxford: Oxford University Press. Pages 1-60 Gelsthorpe and Morris, 1990: xii-8 cited in KeltaWeb (2005): A Feminist Perspective on Women and Crime. Available from: www.keltawebconcepts.com.au/efemcrim1.htm. [Accessed 09/08/05] Gelsthorpe, L (1986): Towards a sceptical look at sexism. International Journal of the Sociology of Law 14: 125-53 Gottfredson, Michael R and Hirschi, T (1990): A General Theory of Crime. Stanford: Stanford University Press Hagan, John (1988): Feminist Scholarship, Relational and Instrumental Control, and a Power-Control Theory of Gender and Delinquency. In British Journal of Sociology 39 (3):301-336. Heidensohn, Frances (2002): Gender and Crime. cited in The Oxford Handbook of Criminology. Maquire, Mike; Morgan, Rod; and Reiner, Robert. Oxford: Oxford University Press Henham, Ralph (1998): Human Rights, due process and sentencing. In British Journal of Criminology, Issue 38, Page 592 Home Office (2002): Prevalence of Drug Use. Key Findings from the 2001 2002 British Crime Survey. London: HMSO. Available from: http://www.homeoffice.gov.uk/rds/pdfs2/r182.pdf [Accessed 10/08/05] HMSO, (1990a): Crime, Justice and Protecting the Public. Cm 965. London: HMSO. http://64.233.183.104/search?q=cache:n-zy-8yFCIEJ:webjcli.ncl.ac.uk/1996/issue3/rtf/henham3.rtf+HMSO%2BCrime,+Justice+and+Protecting+the+Publichl=en Jacques, E (1976): A General Theory of Bureaucracy: London, UK, Heinnemann Johnstone, Gerry (2003): A Restorative Justice Reader: Texts, Sources and Context. Devon: Willan Publishing Lemert, E M (1967): Primary and secondary deviance. In S H Traub C B Little (Eds.), Theories of Devianc

Tuesday, August 20, 2019

Marbury v Madison Trial :: essays papers

Marbury v Madison Trial Marbury v. Madison The issue before the Supreme Court was the question of the court’s own constitutional authority, and to decide whether or not to issue the writ and if this would make the court seem weak. The facts of the case that were presented in the court was that this particular case was, in fact, being thrown before the Supreme court, and there was an argument as to whether or no the court real had the jurisdiction to decide this case at all. The result of this case was that the Supreme Court decided to entitle Marbury his court order. It was the first time the Court openly declared an act of Congress unconstitutional. The Court ruled that Congress exceeded its power in the Judiciary Act of 1789 and it established its power to review acts of Congress and declare invalid those it found in conflict with the Constitution. I actually think that the framers of the constitution would have consented to the idea of the Court to have this power of Judicial Review, because it works out quite well for the system of checks and balances because without it Congress would almost have too much power and I am sure the framers wouldn’t have accepted that. If the decision had not have validated the idea that the Supreme court had the power of Judicial Review, then Americans would have been a little concerned about the competency of the Court and would have thought that it was acting outside it’s jurisdiction. Justice Marshall stated that the power to decide this case did not come from the constitution, but from an act of Congress. The Supreme Court further more had original powers that extended beyond the constitution, so, in this case, it had the right to pass judgment.

Monday, August 19, 2019

Animal Testing Essay -- Animal Testing

ISSUE: For the most part, we would not be able to live very comfortably without them. The question of what is considered proper treatment of animals has been highly debated by groups looking at both the moral and ethical issues of the situation. What exactly is our proper role with regard to non-human creatures? Do they have any rights, or may we do as we please with them? These are questions that politicians all over the world have been arguing about for many years, and still is as controversial as ever! PROBLEM: How can animal testing benefit both animals and humans without harming the animals? BACKGROUND: For thousands of years, humans have used animals for a variety of purposes including food, clothing, labor, means of transportation, hunting, medicine, and companionship. However, many personal beauty products, such as lipstick, face cream, anti-perspirant, and laundry detergent all have one major characteristic in common: the suffering and death of millions of animals (Dickinson 13). Canada has no legislation to protect laboratory animals from any form of mistreatment, abuse, or neglect. Great Britain has nothing in the way of constitutional ethical treatment of laboratory animals. In the United States, the U.S. Welfare Animal Act (passed in 1966 and later amended in 1970 and 1976) charges the U.S. Department of Agriculture with overseeing the humane handling and housing of animals in laboratories, pet dealerships, and exhibitions. While the law covers lab animals (such as rabbits, mice, dogs, and monkeys) it does not state that the animals are to be cared for or to be t reated for injuries received from experiments, nor does it state that animals in laboratories can be used for only a limited number of experiments with the least possible suffering and distress (Dickinson 15). In effect then, there is no protection given to lab animals. On average, 25 million animals die every year in North America for the testing of everything from new cosmetics to new methods of warfare. Five hundred thousand to one million of these animals are sacrificed each year to test new cosmetics alone (Dickinson 13). There are many kinds of tests performed on animals. One kind is the Acute Toxicity Test, which requires between 60 and 100 animals to determine what constitutes a lethal dose of a particular substance. The test spans a time period from two weeks to seven years,... ...ly limit their options. They have used animals for so long, their tests will most likely have to be changed. Changing the procedures of these tests could be extremely costly and time consuming. OPTION B: Requiring pet owners to spay or neuter their pets. ADVANTAGES: This is a very effective way to limit the number of animals used in testing. Many of these animals tested are often strays and have had no owner. If pet owners were required to â€Å"fix† their pets, it would really help in controlling the nation-wide pet population. There would be fewer unwanted animals roaming the streets in search for a mate; resulting in fewer unwanted pregnancies. Consequently, scientists would have a limited number of animals to work with. DISADVANTAGES: Breeders and pet-store owners would be in a bad position. This would mean that they would either have to go through tedious amounts of paper work in order to own animals that could still reproduce, or they would have to find a new career! For many people, taking care of animals has been a very big part of their life. Some have come to see it as more of a hobby than a job. For others, it may be the only thing that still brings joy into their lives!