Wednesday, July 31, 2019

England In the years 1067-1075 Essay

a) â€Å"How far do these sources support the view expressed in source one that, in the years 1067-1075, William had favoured conciliation in his attempts to establish peace in England?† The view of William I favoring conciliation in his attempts to establish peace, to a certain extent, do agree with a number of the sources. This is only to a degree due to events that occurred between the years 1067 and 1075 that pushed William into more brutal and violent methods of subduing the English and securing his authority over England. Sources that do agree with William I using peaceful procedures to establish peace are sources three and four. Both sources to a great extent agree with the first source. Source three depicts how appeasement established authority. The source describes the naval and land levies, proving that William favoured conciliation. William had enough trust with the English to take them to war with him, and that they would not mutiny. This trust can be linked with source four; William felt strong enough to leave England in the hands of William fitz Osbern and go to Normandy. However, did the English really have a choice? With the erection of castles, the use of cavalry, and Norman landholders, the English may have been forced to fight for him; there is little detail of the events or others before or after. Source four also agrees, for throughout the duration of the documents Lanfranc negotiates peacefully with Roger warning him of the seriousness but giving him a second chance. Lanfranc assures him, â€Å"of safe conduct†, and to â€Å"give the earl what help he can, saving his allegiance†. The source is limited due it being correspondence over just the year 1075. Before and after this date other issues may have aroused, and the letters are not written by William I but by Lanfranc1 who was a very trusted friend to William. However, though acting on the King’s behalf, of appeasement, Lanfranc would have used his own ideas and thoughts on the case. Finally, as Hereford was the son of William fitz Osbern, he could have been treated differently for his links with William I; they were friends from their childhood2. Source two and five disagree with the statement in source one. Source two is from the â€Å"Anglo-Saxon Chronicle†3; as a consequence of the invasion, William is described to have devastated Yorkshire (â€Å"Harrying of the North†) 4 – â€Å"ravaged and laid waste to the shire†. There is no implication of conciliation from William. Source two is inadequate due to it only covering one year, it does not take into account events outside of 1069. The Anglo authors of the chronicle could be biased towards the Normans, exaggerating the truth, leaving out appeasement by William I. Source five also disagrees with the statement recounting how William â€Å"ruined† Norwich, and blinded some of the traitors. The source is partial due to it covering only one date and the account of the situation is brief, and may exaggerate the Norman methods. The primary sources (source two, four, and five), overall, have an unbalanced view of William I and his tactics for establishing peace in England. The main drawback to most of the sources is the lack of facts during the years 1065 and 1075. This means that the revolts that occurred before 1069 are not mentioned. A final limitation, which I believe is the most key, is a list of rules that William I laid down when he first conquered England. The first rule was â€Å"that above all things he (William) wishes one God to be revered throughout his whole realm, one faith in Christ to be kept ever inviolate, and peace and security to be preserved between English and Normans†. William’s want, and favor towards peace is fully recognised in this statement. Foot Notes; 1. Lanfranc was, at the time, head of the new foreign bishops and abbots and also Archbishop of Canterbury. Lanfranc was unimpressed with the quality of the English clergy and during William’s reign supported his policy of promoting foreigners to high office in the Church. 2. William fitz Osbern, as a boy William I â€Å"loved him above other members of his household†. William I and William fitz Osbern were related, as fitz Osbern’s father was the grandson of Duke Richard of Normandy’s half-brother, Rodulf. Later on Roger Earl of Hereford had to forfeit his land and loose his title as Earl of Hereford. This though not brutal is not favoring conciliation by William I or Lanfranc (on William’s behalf). 3. The â€Å"Anglo-Saxon Chronicle† was for the years before and during the conquest of England the main source of evidence and information. There exist three versions: C, D and E, derived from a common source but with some differences. The chronicle supplies a uniquely English account of political events and allows us to make comparisons with the rather obvious Norman propaganda. 4. â€Å"The Harrying of the North† was in response, by William I, to the revolts occurring in the North (Yorkshire) during the years 1069-70. William had marched north with seasoned troops, devastating the countryside as they went, and slaughtering all the adult males. What his troops conflicted on the people was so terrible that chroniclers remembered it over fifty years later. In the Domesday book, made in 1086, it simply records Yorkshire as â€Å"waste† due to the brutality of William the land was depopulated, villages left deserted, farms empty, and this was fifteen years later. b) To what extent did the Revolts in the years 1069-75 aid William I to assist his Royal Authority in England? The revolts between the years 1069-75, to a great extent, aided William I to assert his royal authority across England. They provided William with the chance and excuse to use and show his military power. William was able to remove key Anglo-Saxon lords who posed a threat to him; build castles to maintain his control of the country; and it allowed him to firmly set, in the minds of the Saxons, that the Normans weren’t just invaders, like the Vikings, but conquerors of England. However, the revolts were not the only reason for William’s successful affirmation of royal authority on the country. William adopted methods of conciliation. He kept the Anglo-Saxon traditions such as sheriffs, shires, coronation rights and writs and added Norman culture and society on top to create an Anglo-Norman England. Before the revolts William was in a very exposed position. He had five thousand men to the two million Saxons, and he had no control of the North, West or East of England. Due to this vulnerability William was systematically peaceful in dealing with the Anglo-Saxons; using conciliation rather than consolidation. The revolts were essential to the change in William’s attitude towards the situation. He began to use brutal, ruthless methods to obtain his authority. The importance of the revolts depended on who was involved and the consequences of the revolt. Though there were minor revolts, when comparing them to revolts such as the Northern revolt (1069-70), they are taken into account to supply us, the historian, with a realistic overview of how dire William’s need was to obtain and retain royal authority. Rebellions began to inflame the country, in 1067 the Welsh border, lead by Eric â€Å"the Wild†, revolted in Herefordshire. Subsequently the south-west revolted in 1068, with the city of Exeter refusing to accept William as their King, and Harold Godwinson’s sons attempted a counter invasion in the summer of 1068. Between the years 1069 and 1070 the North revolted. Rebels in the North burned to death a Norman Earl, Robert of Commines, in Durham. A Viking army of 240 ships, led by the sons of Swegn Estrithsson, landed at Humber and marched on York. They gained support from the local Saxons, and they seized York. Their success produced a domino affect sparking revolts in Dorset, Cheshire, Staffordshire and Somerset. William faced the possibility of a Scandinavian Kingdom in the north of England, or a separate Kingdom for Edgar, the last prince of the Royal House of Wessex. William reacted to these revolts with characteristic vigour, skill and utter brutality. He â€Å"became the barbarous murderer of many thousands, both young and old, of that fine race of people†1. The Welsh failed to take control of the border, and retired to Wales with much booty. Exeter, in the south-west revolt of 1068, was laid under siege for 18 days, by William’s troops, by which time they accepted William as their King. Harold’s sons were repelled by William’s forces in the summer of 1068. William to counter-act this made a series of lighting raids through Warwick, Nottingham, York, Lincoln, Huntingdon and Cambridge to show his presence as the new King. In reaction to the revolts in the North, William marched North with troops from York and Nottingham, devastating the countryside, slaughtering all adult males and pillaging as he went, killing animals and burning crops. This was called the â€Å"Harrying of the North† and the destruction of the land was so terrible that when mentioned in the Domesday Book, 20 years later, it was classed as a â€Å"waste† land. From Yorkshire William pushed his men across the Tees in the winter and took Chester, and Stafford, and was back in Winchester before Easter 1070. Due to the revolts and the resulting victories for William, who had either killed or utterly suppressed the resistance, he had to enforce his power, and show that the Normans were the new rulers and would not leave. William accomplished this by first building motte-and-bailey castles across England. William began to erect them right at the start of his campaign, even before the battle of Hastings, and they were virtually unheard of in England. William built hundreds across England, to show the Norman’s strength and power over the population. This geopolitical process meant that they exerted control over the surrounding countryside. The Normans would demolish houses in the centre of towns to erect a castle. This happened in towns such as Cambridge, Lincoln and Dorchester2. These castles were, and still are, â€Å"looming features over the landscape†3. They were built in the centre of towns for economic reasons; the material or foundations of earlier fortifications (Roman/Saxon) were there already, and also it was cheaper to build on existing forts rather than building on top of a hill, having to transport supplies and food up it. Another affect of castles was their psychological affect on the Saxon population. Castles were a â€Å"conspicuous emblem of Royal authority†4, and were â€Å"clearly statements of power to the indigenous people†5. By the end of the revolts, 1075, William felt secure enough with his authority over England that he went back to Normandy and left his trusted advisor and Archbishop of Canterbury, Lanfranc in charge of the kingdom. Another factor which was opened up due to the revolts, and the success for William I, was the replacement of all the Anglo-Saxon earls. The earls were either dead from the revolts or just forced off their land. William strategically placed relatives or close friends to tenet the earldoms. For example Odo of Bayeaux, was earl of Kent and half-brother to William I. Also the new earl of Hereford, William fitz Osbern, was William’s cousin. This formed a tight, trustful network of family and friends which William could rely on. Another advantage to William of the revolts was it allowed him to fully assert royal authority on Anglo-Saxon church. William had to as, 30% of land in England was permanently owned by the church, bishops and abbots were literate, powerful men who advised the old Kings of Saxon England. If William could control the church he would be successful in his total control of England. William achieved this by removing 99% of all Saxon bishops, abbots and clergy, with Norman-French ones by 1087. William built new stone cathedrals, as a sign of domination, on top of old wooden Saxon churches. This had the same affect as the castles, showing the Norman supremacy over the Saxons. In 1070 the most powerful churchman in England, Stigand Archbishop of Canterbury, was deposed and replaced by Lanfranc, an Italian monk who was William’s greatest advisor. Three other important Saxon bishops were also removed, and also many abbots. Finally in 1072 Lanfranc gained superiority over the Archbishop of York, thus making Canterbury the chief church post in England. As Lanfranc had control over the North, this aided William with his control. In the 11th century, people were very suspicious and believed solely in the existence of God. These men of God, the bishops and abbots were trusted by the Saxon people no matter what race they were, even Norman, because of the risk it could cause them in the afterlife if they offended them. The extent of royal authority being asserted on England does not solely come from the revolts but also from William’s conciliation of the country, mainly before the revolts. Although the landscape of England had changed with the formation of castles, looming over the country and the mounted cavalry, trotting through the towns and villages, William I always governed through legal and rightful inheritance from Edward the Confessor with the use of Anglo-Saxon tools of government and traditions of kingship. When William came to the throne, December 25th 1066, he was crowned in the traditional Anglo-Saxon manner, like Edward the Confessor before. This showed his belief in tradition and proved his rightful claim to the throne. By using the ancient traditions of Anglo-Saxon kingship ceremonies alongside the unique circumstances that brought him the crown, William and his successors were able to appeal both to English customs and to the Norman sense of righteous conquest. William in the lead up to the revolts kept the country as it was, making no major changes and if any were made they would consist of a mixture of Anglo-Saxon and Norman customs. The main household after 1066 was not fundamentally changed. The only big difference in the household was that after 1066, and especially around 1087 (William I’s death) the nobles were increasingly Norman. At first William kept some Anglo-Saxons in his household, one example was Regenbald, and he was the chancellor and was in command of the Royal seal under Edward the Confessor and William I. This shows William’s desire for continuity within the government, and only adding extras on top mixing the two cultures of the Normans and the Anglo-Saxons. The earldoms at the beginning of William’s reign did not change. They remained as the four large Earldoms of East Anglia, Mercia, Wessex and Northumbria. However, around the time of the rebellions against William I (1070’s), William I granted the land to new nobles and tenants. As a result he and his two half-brothers owned 50% of England, the Church remained with around 30%, and roughly 12 barons (great lords) shared the remaining 20%. These 12 barons, basically like his half-brothers, were often related through hereditary or marriage to William. Kingship was very much affected by the character of the King on the throne at the time. So this was destined to change with the accession of William I. William I had to be physically strong, spending most of his time on the move (itinerant kingship). Also mentally strong to dominate the churchmen and the barons who all had their own ambitions and interests. With this change in kingship, William introduced a fairly new system of crown-wearing sessions. William I wore his crown and regalia where the people could see him. Three major times for this crown-wearing was Easter at Winchester, Christmas at Gloucester, and on Whitsun in Westminster. This new method and change in kingship could have been a sign of William I’s security as King. However, William I could of used crown-wearing sessions for another reason, to state his claim and right to the throne, indefinitely, upon landholders, and the barons. This would agree with his use of the coinage system set up in England before 1066. William on his coins and seals had a picture of him sitting on the throne with all his regalia, on one side, and on the other him on a horse with a sword; William is declaring his claim to the throne, by right, and if that is not enough by force and bloodshed. William changed the iconography of kingship to add strength to his kingship. The chancery of pre-1066 was only slightly revolutionised. After 1066 the clerks, who wrote up the laws and grants began to progressively, under William, write the laws in Latin. Latin was the language of authority, the Norman nobles and the officials wrote in Latin. This language of power was fully founded around 1070. The use of clerks was not new to England. William I only adapted them to his cultural needs and desires. Also Latin was not known throughout the greater population. This causes supremacy over the plebs on the land, and dominates their lives. Sheriffs were the King’s official in a shire. These officials had been around before William. William I did not have sheriffs back in Normandy, and found them to be very useful. After the rebellions around the 1070’s, sheriffs were increasingly Norman (as were the earls and bishops). The powers of the sheriffs increased hugely, and they were often in charge of royal castles (castellans) as well. Most Norman sheriffs were aristocrats who had much more wealth and power than the previous Anglo-Saxon sheriffs. A final instrument used by William I to completely assert his authority on the country was the production of the Domesday Book6. This book allowed the King to find out who had what and who owed what, twenty years after his seizure of the kingdom. The Domesday Book also shows us how sophisticated the Anglo-Saxon government was before the Normans. Without the shires, hundreds and sheriffs this type of â€Å"census† would have been near impossible to make. The Domesday Book is a record of a conquered kingdom, but it is a testament to the survival of the Anglo-Saxon government in many aspects. William I was aided by the revolts (1069-75) to a great extent. The revolts changed the King from conciliation to consolidation. However, the revolts, the castle building, the revolutionary change of the earldoms and the church, came, all, after the revolts. A new set of values had been introduced into England; these were based upon loyalty and military service. The government of the new king was based upon the traditional procedures and customs of Edward the Confessor but was enforced with a savage energy inspired by, mainly, the revolts between the years 1069-75. Foot Notes; 1. William the Conqueror’s deathbed confession, from Orderic Vitalis â€Å"The Ecclesiastical History† written 1123-41. 2. Cambridge (27 houses were demolished), Gloucester (16 houses demolished), Lincoln (166 houses demolished), and in Dorchester (an area of 150,000 square metres was taken up). 3. Article in History Today, Volume 53, Issue 4. 4. Article in History Today, Volume 53, Issue 4. 5. Article in History Today, Volume 53, Issue 4. 6. The Domesday Book was written in 1086, and was so-called due to its verdicts being just as unanswerable as the Book of the Day of Judgment. It was written in Latin, on parchment and includes 13,400 place names on 888 pages. No other country in the world produced such a detailed historical record at such an early date.

Race Based Jury Nullification Essay

Jury nullification can generally be termed as the act by a jury who even though is convinced that a defendant is guilty of the charges he or she is accused of, decides to give out or acquit him or her of the charges for the jury’s own reasons (Brandy R. 2006). Jury nullification or for that matter can be defined as a process whereby the jury(s) nullifies â€Å"unfair laws by declaring guilty defendants not guilty†. On the other hand race based jury nullification involves the process of a jury acquitting an individual based on his or her race. This kind of cases is usually found in homogenous cases where the diversity of the jury is nil or very little. Earlier cases that include runaway slave laws as well as the present day cases like police shootings indicate that race based nullification is still a modern day courtroom issue. The nullification process usually takes place in the event that a criminal trial decides not to convict a defendant in spite of full proof of guilt due to the belief and view by jurors that the law is unfair or at certain times that there is an unjustly application of the said law. The basis of the nullification can be said, thus, to be â€Å"the unjustness of the law†, the application of the same law on the basis of race of a party. Additionally there are instances where cases that involve the terminally ill persons in the society are often given leniency by the jurors, when they do drugs due to their condition. The issue often is not just about nullification per se but at times is based and as such has brought a lot o debate on its essence in view of the law as well as ethics. In this paper, I will discuss the issue of race based jury nullification, its limitations as well as its merits. Finally I will evaluate the relevance of race based jury nullification in our present day society. Race based jury nullification Race based jury nullification involves the process of a jury knowingly acquitting a defendant based on his or her race and with the full knowledge that the defendant is guilty. There are empirical studies, which have shown that about 3 to 4 percent of jury criminal trails have been connected to jury nullification. The dilemma that the situation presents is overwhelming, considering that there exists no chance to stop the process of jury nullification as jurors and are never ordered or forced to convict defendants and also there is also no clause in law that makes it punishable for the juror to acquit someone. The overlying principle function of the jury is that it should complete the law, if necessary through the recognition of fundamentals of justification that traverses beyond the written laws of the land and not to â€Å"nullify† the instructions given by the judge. The focal point of reference when the jurors give the â€Å"not guilty† verdict and in the process is the issue of unjust nature of the law. Pros and cons Depending on which side of the debate you are on, this issue has both the ugly and the good side. There are various reasons why race based jury nullification has encountered criticisms even by its ardent supporters. One, the case can be used for majority cases, that is in instances where the jury consists largely of persons from the same race can effectively acquit one of their â€Å"own† (defendant from the same race). For instance, a largely constituted black jury would free a black American even tough she or he has committed a severe crime. Thus in view of the law, when a dangerous individual is acquitted on the basis of his or her race sets a bad precedence (Jemal, 1997). There are instances when white jurors have acquitted fellow whites through the process of jury nullification while in the face of it the said defendants actually engaged in an illegality that either harmed black or brown people in America. There are also instances when black jurors have freed fellow blacks on the basis of their races while they committed either a racial act or a severe crime. This has not helped the just course of the due process, blacks, whites as well as other races have engaged in the race based jury nullification, something that does not portend well for rules of the law. The nature with which the voting is normally done by the jurors is usually that of conscience, to an extent this is a total disrespect if not abuse of the laws of this land. When someone who is supposedly guilty is acquitted, this is tantamount to nullification of the very law. They are supposed to protect and on whose basis the jury even came into existence. Jury nullification has the potential to turn an otherwise coherent and cohesive society or state into some hostile, incoherent or even lead to civil strife. This is because when serious acts are committed, and rulings are based on races, the respective races may gang up against each other. It seems to be a defeat process in the face of the law that should be the guardian and protector of all. The most often conclusion drawn is usually that nullification is an integral part of power, which is essential for the checks and balances of the judicial system. Jury nullification has and will continue to play a dual role in the history of our country. There are certain instances in our history that jury nullification has proved to be a useful tool. For instance, in those cases that involved slavery or differential prosecution at certain instances let racist to go unabated. There is the possibility that over use of this power together with other real or imagined risks that it possess would be enormous if everyone were to understand and be aware of it. However, the absence of it would put and vest too much power with the executive and surely everyone else understands the consequences of excessive unbalanced power exercised by the government versus the power of the common citizens. Conclusion Overall, the race based jury nullification has been, still is and would always be a very highly debatable topic, whether one supports it or he or she is against it. In each and every argument put forward by anyone in the society for or against jury nullification process, there are strong, valid opinions and facts in support of the various respective reasons that cannot just be wished away. Having evaluated the situation, and with a critical analysis of the basis of the law of our great country, I came to a conclusion that with due respect the good job the jurors have done so far, the race based jury nullification should not be conducted or at least cordoned by the jurors. This does not mean that I am in anyway opposing or rejecting the whole idea of jury nullification. However, if the element of race becomes apart of the whole equation, then I strongly call for its ban. In my opinion and understanding of our history I believe jury nullification based on a defendant’s race does not promote unity within communities at any level. Considering the tremendous efforts our country has made towards a harmonious community and with the effort various personalities have put in educating and sensitizing people on how negative race based ideas has and can be. I believe the whole process is discriminatory and basically racial to the people in our society. This does not in any way mean that individuals should be ashamed of their races and promotes the values and ideals they stand for, but when a defendant is found guilty or innocent on the basis of the law by the jurors based on his or her race alone then there is a problem. Either the problem is with the law or our society but none of us wants either of these two scenarios. The basis for any juror’s decision should be facts, information as well as evidence that they receive throughout the trail. Jurors prejudices be it racial or otherwise should be left at their door steps before they get into the streets leave alone the courtrooms. Reference: Brandy Rivera, 2006, Race based jury nullification. Associated Content Cato Books 1999: Jurors Should Know Their Rights: A historical look at jury independence Jemal, 1997, Race Based Jury Nullification: A Path To Equality! http://www. geocities. com/athens/olympus/1320/nullification. htm Scheflin, Alan W. , (1999) California Bar Journal, Point Counter Point – Is it ever proper for juries to ignore or reinterpret the law? , Retrieved September 28, 2007 from http://www. calbar. ca. gov/calbar/2cbj/99mar/page14-1. htm

Tuesday, July 30, 2019

Teen’s Alcohol Abuse

The study aims to identify the factors influencing alcohol abuse among teenagers whose age range from 13 to 19 years. Stratified random sampling will be applied, with samples coming from across the state to ensure the heterogeneity of the sample in terms of the variables being studied.Stratified random sampling is done by dividing the population into strata, in this case by the towns the respondents currently reside, then by employing simple random sampling from each stratum (or town) (Johnston, B., and Christensen, L., 2000).The target number of sample will be set at 10% of the 13-19 year old population in each town (rural or urban). A possible barrier to achieving this set number of sample however is the difficulty in achieving this huge target due to the limited time and financial resources.A solution seen to overcome this barrier is through the use of the internet and sending of electronic mails to reach the respondents. The use of this type of method of data gathering may possib ly cause risks in the validity of the answers given by the respondents. Confusion on the part of the respondents may take place, and the researcher may not be available at all times to attend to clarifications. In order for this threat to be avoided, the survey questions have been constructed to be simple and concise.This sample is said to be representative of the population because of the randomization that has been done to assure that the sample is composed of individuals who are not in any way homogenized in one or more traits or characteristics being studied.The survey tool used is a 13-item questionnaire with open-ended and closed-ended questions. Possible answers which are mutually exclusive have been constructed. Should the answer not be found in the list of answers, then the sample may choose to state his response.The survey tool and variables measuredThe variables are demographic in nature such as age, and several socio-cultural variables such as the individuals the respond ent is currently living with, annual family income, the drinking history of the parents, attitude of the parents towards alcohol, and the respondent’s experience in witnessing violence and the frequency of witnessing this violence. Behavioral and attitudinal characteristics of the respondents will also be measured, such current alcohol intake, frequency of alcohol intake, and history of alcohol abuse, and availability of or accessibility to alcohol.The variable â€Å"age† is defined as the age of the respondent in years at the time of the study. This variable is answered by the second survey question, which is a closed-ended one. Since the level of measurement is ratio, the response to this item will be coded as it is.â€Å"Companion in Residence† is defined as the individual/s (if any) with whom the respondent has live with for the most part of his life. This has been defined in such a manner due to the assumption that should an individual’s beliefs or b ehavior be affected by another individual, this effect is said to be incurred by the person he has lived with longest in his life. Possible responses to this question include parents, relatives or guardians, friends or peers, or none. It is a closed-ended type of survey question.The variable â€Å"annual family income† is defined as the average income in US$ incurred by the family in one year. It will be measured in the fourth survey question which is a closed-ended one. The lowest class of the range has been set at less than $5000, whereas the highest has been set at $65,001 and above. Since the level of measurement is ratio, the response to this item will be coded as it is.The variable â€Å"alcohol drinking† is defined as the respondent’s current behavior towards alcohol, i.e. if he at present drinks or does not drink alcohol. This variable will be measured in the fifth survey question, where the respondent answers â€Å"yes† to indicate that he curren tly drinks alcohol, or a â€Å"no† to indicate that he does not currently drink alcohol. The question is a closed ended one.

Monday, July 29, 2019

Critically Evaluate the Contribution the Paper Makes to the Knowledge Essay

Critically Evaluate the Contribution the Paper Makes to the Knowledge Base On Strategic Management In Organisations - Essay Example Review of Theories Following are some of the theories which contribute to the paper’s objective. Goal setting has been considered as one of the most empirically investigated HRM practices undertaken in organizations (Rauch, 2007, p.6). The study of previous literature reveals that goal setting contributes to the process of decision making in organizations through the way of increasing the motivation of workers. Under the system dynamic approach, Warren has stated the importance and critical factor for setting of appropriate goals for the attainment of organizational objectives. He has put forth that managers often overestimate or underestimate the obtainable performance which causes the organizations to lose out on opportunities of growth and resource utilization while trying to attain ideal goals which are unrealistic (Hirsch, 2001, p.133). The common errors of setting performance goals are that they undershoot the potential of the situation or aim to attain such outcomes whi ch are not possible (Warren, 2008, p.328). Barlas and Yasarcan (2008), has put forth the comprehensive model of goal dynamics adopted through the perspective of the systems dynamics. They have emphasized on the limitations or drawbacks of the simple structure of goal seeking in the complex and social systems (Ragg, 2011, p.99). Under the structure there is modification of the state and reaches and approaches the goal with a negative and exponential behaviour. They have also emphasized on the roles of intangible soft variables which are associated with goal dynamics in organizations. Some of the major efforts have gone into the building of a model which considers such intangible factors like... The paper primarily contributes to the building of a model which depicts the setting of goals, management by objectives and training and development are considered to be some of the major components in human resource management required for enhancing the productivity of employees and consequently adding the performance of the organization on the whole. The contribution of the simple goal setting theory has been presented in the paper; however, scholars are critical about the application of the same in complex organizational settings. Researchers like Barlas and Yasarcan have emphasized on the components of intangible variables and their importance in organizations. They have shown a correlation between the goal setting theory and its influence on the motivation of workers and the goal commitment of workers. It is found that the goal dynamics plays an important role in the knowledge base of organizations. This paper makes a conclusion that most importantly information technology which forms a critical component in any knowledge based organization is influenced by the goal dynamics. Organizations are required to keep up the ever changing technologies and as such their short and long term goals also keep changing. Moreover they are also meant to focus on the optimum use of intangible resources for ensuring greater financial returns and attainment of greater competitive advantage. Lastly the paper is found to make a major contribution to the engineering sector through the presentation of the reasons of choosing the best suited engineering alternatives from many different design alternatives.

Sunday, July 28, 2019

Leadership int the public Essay Example | Topics and Well Written Essays - 1000 words

Leadership int the public - Essay Example According to Rayner (2013) these relationships are quite essential in the performance of the public organization, thus management is to see to it that these relationships are maintained effectively and remain extremely functional.An illustration of how good working relationships are important in public organizations has been reflected in the case study; when Peter Mathews took the position of the Acting Director of Immigration, his relationship with that of his ten; area and program managers was quite strained 1. If anything, his relationship to them was characterized by resentment and impasse (opposition) which is an absolute inhibition to the success of any public organization. It is evident to see exactly how Peter Mathews got frustrated at his unsuccessful efforts to connect to his managers such that he took it upon himself to figure out ways how to improve the organization which, unfortunately, only brewed more hatred; causing him to rethink his choice to take up the job in the first place. Additionally, Public service organizations the Immigration inclusive is subject to attaining high rates of performances. It is important to note with reference to Baird and Green (2008) that the performance of the public service is quite critical in guaranteeing the rule of law and safeguarding national security.This illustrates the fact that public organizations require that the management in place puts in a lot of effort to secure productivity in terms of good performance and effectiveness in accomplishing the set goals and objectives of that given organization 2. Failure to do so only shows that the government in place is not effective in implementing the laws and in protecting its citizens as well. It is for this reason that in the study, we realize that the Director General (DG) requests Peter Mathews to leave his job with an employment services group to take on a sixth month assignment as an

Saturday, July 27, 2019

Bilingual Education, Oil, and the Navajo Nation Research Paper

Bilingual Education, Oil, and the Navajo Nation - Research Paper Example Bilingual education is a form of education where information is presented to learners in two or more distinct languages. In the United States, though English has not been endorsed as the official national language, most schools if not all in the U.S.A use English in the teaching of schools not considering that America is also comprised of other various native languages that may get extinct as a result of only using English in teaching in schools (Romaine, 1995). Discussion The state of Arizona has in the resent past been the subject of discussion in matters relating to bilingualism in education since it is majorly populated by the people of the Navajo nation who have and would like to use their language in the education of their children. The people of Navajo who speak Athabaskan have been objecting the education of their children in English since this has saw the steady decline in the number of people who speak Athabaskan. The state of Arizona has since developed a proposition 203, which is an initiative that illegalizes the use of native language in instruction of learners who have a limited a proficiency in English in public schools. The proposition has also made sure that the new law is implemented to the latter by micromanagement of schools using the electoral process to implement the English only policy in public schools (Favela, 2008). In the recent discovery of oil in the territory that had been assigned to the Navajo, they might as well scrap this law off since they only demand for bilingual instruction in the education of public schools surrounding their nation. U.S.A has no territorial rights in the Navajo territory as this area is private property and belongs entirely to the nation of Navajo. The scraping off of this newly implemented law is likely due to the fact that the nation of U.S.A is really in great need of locating more energy resources within its borders; the prospect of a major onshore oil field in Arizona is very significant. As your leg al adviser, I have devised several policies that you would choose if you see fit to present to the council of the Navajo representatives to assess whether they would be swayed to consider their hard-line stand in regard to the reintroduction of bilingua

Friday, July 26, 2019

Happy Trails Management Article Example | Topics and Well Written Essays - 1000 words

Happy Trails Management - Article Example The foremost reason for this is that Happy Trails is a 'for profit organization' which means that it is expected to be able to fund once in a month collective bargaining agreements or meetings. The need for such meetings would not arise so often as once in a month unless some urgent matters are at hand. Secondly, the implication that salary increases will suffer might be taken as an underlying threat to LPN's for unionizing. Moreover, a third implication can be, lets say the LPN's do not unionize due to this very reason, will happy Trails fulfill their implied promise of raising salaries for not unionizing or on half yearly or yearly basis' Considering this it seems it would be a temporary solution to keep the union at bay, but it would emerge any time. It is a better strategy to let them form an association and deal with them by collective bargaining. The threat element in this strategy makes it a bad move. This would be one of the best counter union strategies to discuss the benefits of being employees of Happy Trails as objectively as possible. However, the dialogue should remain strictly objective and should not seem as if the management is threatened by the LPN's decision to unionize and wants them to back out. It should be an objective statement of what is already being provided to them by the management and what they can further expect in future. Under the NRLA, the employer can not promise benefits to the employees to discourage them from forming unions. This strategy has to be practiced very tactfully and with care. 4. Threaten to close the facility due to the Union Campaign I would strictly advise Happy Trails' management against any such moves. The "threat" element in any outgoing communication from the management side is enough to provide opportunity for activists to raise charges against the organization. The employees are protected under the Labor Management Reporting and Disclosure Act of 1959(Landrum Griffin Act) Title VI and have the right to form unions and to raise issues like labor relations practices. Title VI provides the authority to investigate the disciplining, sanctions, penalties or threats on part of employers to the union members. 5. Assist in the circulation of anti union petitions. In the immediate future this would not be a prudent move since it would serve the purpose of bringing the LPN's together and would provide a cause to fight in future. However, in the longer run, the management could maybe patronize another union within the organization which would serve as a competitive force to the LPN's union. 6.Counter Union Exaggerated claims on flyers This would be perceived as an anti-union move and Happy Trails can face litigation under NRLA. Flyers would provide written proof against Happy Trails and their anti union moves. 7. Tell employees that they do not need to talk to union organizers, they can vote against the union, and the organization does not welcome the Union. Happy Trails can not follow any of these strategies since the unions are protected by NLRA. 8. Solicit employees to request the return of their authorization cards Under the NRLA, employers can not "Question employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the

Thursday, July 25, 2019

Do an analysis synthesis of the chosen texts, cross pollinate issues Essay

Do an analysis synthesis of the chosen texts, cross pollinate issues raised in various texts - Essay Example In Gogol's The Overcoat, one can see the personification of this 'common man', in Akaky Akakiyevich who lived almost an invisible life in the society until he felt a wish to have a distinct identity by acquiring a new overcoat, a wish that costs him his life (Gogol). In the beginning of the story itself, he is depicted as some one â€Å"who cannot bite back† (Gogol, 29). Gogol has spend a lot of his narrative time explaining the name, Akaky Akakiyevich, even referring to his family name, Bashmachkin, which is supposed to have originated from the word, bashmak, which meant, shoe (29). Here, accidently, but rather meaningfully, we see a reference to shoe both in Heaney's poem as well as in Gogol's story. And the word shoe, is synonymous with the concept, downtrodden, in both these contexts. Throughout Gogol's story, Akaky Akakiyevich is treated as a shoe, which is a symbol of getting insulted, getting trampled under the feet. A shoe is thrown away when it is of no more use. In t he same way, the protagonist in this story is replaced by some other person in his office without worries from any side, as soon as the story of his death reaches there (Gogol, 55). Akaky Akakiyevich had been a man who was deeply immersed in his mechanical ways of work and life as if he himself was a well-oiled machine until he saw that his overcoat was worn out and it was making him cold while moving outdoors (Gogol, 35). It was using the savings from depriving himself of the meager comforts that he could afford added with an act of benevolence from his director that Akaky Akakiyevich could find the money to buy a new overcoat. Once he bought the coat and started using it, he was elated from his position as a commoner though for a brief while (Gogol, 44). A party was held to celebrate his new overcoat but after the party, as he was returning home, his coat was stolen, his efforts to get a legal remedy was stiffled by official apathy, he was insulted and fell ill and soon he dies (G ogol). In the narrative, Akaky Akakiyevich passes away just like the shoe that is dipped into the water and grows cold with an â€Å" unpredictable fantail of sparks Or hiss† (Gogol, Heaney 4). And Gogol has said in the story that, â€Å"at last he began to curse, uttering the most horrible words, so that his aged landlady crossed herself, never in her life having heard anything of the kind from him† (54). This image is so similar to the sparks or hiss that came out from the shoe just before the heat died out (Heaney). And it is a wasted protest. The progress of the story on these lines, show that when a down trodden person tries to improve his social status, it is treated as a crime and the punishment is death. When Heaney, in another poem of his titled At a Potato Digging, says that, â€Å" going down and down/ for the good turf, digging,† the same concept is implied- a search for dignity and depth that ends up in darkness and unending toils (23-24). An effort to rise above one's social backwardness appears to be an individual's personal problem on surface, but once he/she actually makes an effort to do that, suddenly it becomes evident that there are forces in action which would not let it happen. And

Media WRITING Essay Example | Topics and Well Written Essays - 750 words - 1

Media WRITING - Essay Example notice of public and simultaneously to attract governing bodies in taking measures against such occurrences rather than to assimilate views or to interpret a particular course of action. The intended audiences for this news were the general public. After going through the article, it can be stated that the reporter intended to depict the social concerns related with the safety and security of women in the modern day society. The institution behind this particular material can be identified as the online news publishing media. When assessing the types of industries and corporations involved in media writing, various segments such as radio broadcasting, television, film entertainment, print media and advertising among others can be identified which attempt broadcasting updated news from different genres for the general public either within the local or national or in the global periphery. The media writing illustrated through the aforementioned article hereby reveals the propaganda of online news broadcasting. The content of the material presented in the article can also be stated as well-written in a manner which is easier to be interpreted by the general public. No offensive abbreviations or ground-breaking and persuasive forms of writing have been used in this article being presented with adequate justification to gain the consciousness of the public towards such social issues. The article published by Metro Newspaper on 6th February 2013 with the title â€Å"Forgotten cruise ship becomes sand Banksy with aid of street artists† can be categorised as an advertising media writing which depicts the talent of a group of urban street artists giving a new shape to a corroded old ship by making attractive paintings on its rusted body. It can thus be stated that the media writing exhibited in this article is based upon a ‘writing for advertising’ style as the article intended to convey its audiences with a message regarding the group of talented urban based street

Wednesday, July 24, 2019

Writing Scientific Report Coursework Example | Topics and Well Written Essays - 5500 words

Writing Scientific Report - Coursework Example Different techniques such as RVI and NDVI will be utilised. The various sensors used will be Landsat TM, Lansat MSS and NOAA AVHRR. The Landsat TM is used for thematic imaging only and can reveal only a limited amount of information such as the availability or non avialblity of vegetation. On the other hand the Landsat MSS (multi spectral surveillance) can be used to distinguish between various kinds of vegetation too. The NOAA AVHRR sensor is used to estimate the thermal emission or cooling of the surface. The presence of vegetation modifies thermal emission rates by lowering them while the absence of vegetation speeds them up. A complete treatment of the ideas presented above is outlined below to delineate the relative strengths and weaknesses of each system. Part One Vegetation Analysis of Lake Nakuru This section deals with the vegetation analysis of Lake Nakuru using simple and advanced models to discern the patterns of vegetation. The first analysis will utilise RVI (Ratio Vege tation Index) to attempt to explain how vegetation is interpreted from an image. The RVI is a ratio between the NIR (Near Infra Red) and R (Red) from each pixel in an image. Vegetation in general tends to reflect NIR as much as possible because NIR does not contribute significantly to plant nourishment and is speculated to cause plants to overheat. (Tucker, 1979) Red is reflected far less than NIR. Water, soil and manmade features have a far more static response to both NIR and R throughout the year. (Banman, 2001) A walk through of the methodology is presented below to enhance understanding. The image supplied is for Lake Nakuru and is sized at 500 rows and 640 columns and possesses 4 bands. The red, green and blue bands have been set at 4, 4 and 2 respectively. Spectral enhancement has then been utilised to analyse the image. The ratio of NIR to R is a ratio of channel 4 to channel 3. The output sensor has been selected as Landsat TM. The output from this process is shown below (o n the left) in comparison to the actual image (on the right). The image presented above is then re-coloured using a pseudo colour system with brown and green as limits. This produces the image presented below. A simple comparison of the images presented above reveals that the first above tends to coalesce human structures and certain rocks with vegetation. The resulting image cannot be used to classify vegetation with reliability. Instead the second image produced can delineate vegetation much better as can be seen. The second image has excluded vegetation near the centre especially and around it where human made structures exist. This image may be used to delineate a few factors that control vegetation distribution but expecting a complete appraisal of factors is not possible. The NDVI method has been used next to analyse the image because it tends to produce an empirical scale between +1 and -1 which appraises vegetation cover better. NDVI is the ratio of (NIR – R) to (NIR + R). All other settings utilised are the same as the ones used for the RVI analysis. However, the sensor used here is the Landsat MSS because it is far more fitting. The output is shown below. The RVI analysed image is shown on the left while the NDVI analysed image is shown on the right. It can be clearly seen that the NDVI image is far more detailed in terms of description of vegetation. The RVI image is less descriptive and tends to combine the various bands of vegetation while the NDVI image tends to differentiate the various bands of vegetation. Next the image data for Tunisia will be analysed to determine if desertification is occurring. The analysis is NDVI while the sensor employed is the NOAA AVHRR that can compensate for time effects far better than other types of sensors. (Holben, 1986) The various

Tuesday, July 23, 2019

There is an expected growth of Rice consumption in the global market Essay

There is an expected growth of Rice consumption in the global market of up to 2.7%. How can Thailand take a comparative advantage in the International Market - Essay Example Thailand, despite being ranked as the 6th largest global producer of rice, is ranked as the world’s largest exporter of rise (Rice today, 2006). Comparative advantage is a term used to define the ‘advantage’ that a country has over the others in terms of its efficacy in producing a particular product, and Thailand definitely has a comparative advantage when referred to rice crops, as visible from the fact that despite being the 6th largest producer, it is ranked as the largest rice exporter (Pugel, 2004). Holding such a comparative advantage, the question arising, as addressed in this research, is that how Thailand can take most advantage out of this rising demand position. For developing a conclusion on how Thailand can develop a comparative advantage based on the projected rise in consumption of rice globally, both primary research and secondary researches have been used. Secondary research would constitute literature review in the next section, and primary research would be discussed in the section posterior to that. For secondary research, various literatures available on the given topics such as articles, news updates, analytics, and other text has been referred, while for primary research, unstructured and open ended questions have been prepared and respondents where individuals matching the profile of a rice importer and those individuals who coordinate rice export activities being in export promotion bureau or have clearing-and-forwarding establishments. Unstructured interviews have been chosen as primary research mechanism because (1) it gives the respondent the freedom to express their opinion, rather than restricting them to the pre-defined answers (2) even with lesser number of respondents, it gives a deeper insight involving opinions and statistics (3) often this form gives clues for research that cannot be determined via

Monday, July 22, 2019

Constitution of India Essay Example for Free

Constitution of India Essay Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public. Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence. The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto. ↠ The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ↠ The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ↠ The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure established by law’ used in article 21. Article 21 would no longer mean that law could prescribe some semblance of procedure, however arbitrary or fanciful, to deprive a person of his personal liberty. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary unfair or unreasonable. As the right to travel abroad falls under art 21, natural justice must be applied while exercising the power of impounding a Passport under the Passport Act. Although the Passport Act does not expressly provide for the requirement of hearing before a passport is impounded, yet the same has to be implied therein. Case 2 Sunil Batra vs. Delhi Administration (1980) The Court has given several directives to improve many aspects of prison administration and condition of prisoners. In this case, the Court has pointed out that its powers under Art. 32 are free from the rigid restraints of the traditional English writs. Prison torture is not beyond the reach of the Supreme Court under Article 32. For this purpose, the Court treats letters from prisoners as writ petitions. In this case, the judicial process was set in motion by a letter written by a prisoner to a Judge of the Supreme Court complaining of the brutal attack by the prison staff on a fellow prisoner. Forsaking all procedural formalities, â€Å"since freedom was at stake†, the letter was treated by the Court as a petition for the writ of Habeas Corpus. Case 3 Hussainara Khatoon vs. Home Secretary – State of Bihar (1979) Hussaainara Khatoon case of the Bihar undertrials started with an article written in Indian Express. An advocate then filed a petition under Article 32 in the Supreme Court to protect the personal liberty of the undertrials. The Supreme Court has laid great emphasis on speedy trial of criminal offences and has emphasized: â€Å"It is implicit in the broad sweep and content of Article 21†. A fair trial implies a speedy trial. No procedure can be ‘reasonable fair or just’ unless that procedure ensures a speedy trial for determination of the guilt of such person. The Supreme Court has directed release of all undertrials who have been in jail for periods longer than the maximum term of imprisonment for which they could be sentenced if convicted of the offence charged. The Court also directed that the undertrial prisoners, who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent, should be released forthwith, since their continued detention clearly violates not only human dignity but also their Fundamental Right under Art.21 of the Constitution. The Supreme Court has taken a big innovative step forward in humanizing the administration of criminal justice by suggesting that free legal aid be provided by the State to poor prisoners facing a prison sentence. Case 4 Keshavananda Bharati vs. State of Kerala (1973) The State of Kerala passed the Kerala Land Reforms Act. 1963. This Act affected the interest of the petitioner, Keshavananda Bharati, Swamiji of a mutt. So he filed a writ petition before the Supreme Court under Article 32 of the constitution, contending that his fundamental rights under Article 14,19(1)(f),25,26 and 31 were violated by the Kerala Land Reforms Act. While the case was pending, the parliament passed three constitutional Amendments, viz., 24th, 25th 29th Amendments. The constitution Twenty-fourth Amendment repealed article 19(1) (f) which read â€Å"to acquire, hold and dispose of property†. It also repealed Article 31, i.e., compulsory acquisition of property. It made several other changes. It also included the Kerala Land Reforms Act in the ninth schedule, thereby making them immune from attack on the ground of fundamental rights. As a result, the fundamental right to property was deleted from the constitution. The petitioner felt that, by these Amendments, he would lose the case in the court. So, he amended his writ petition before the Supreme Court, challenged the validity of 24th, 25th 29th Amendments. He contended that though the power of the parliament to amend was wide, it was not unlimited. The power to amend under Article 368 should not empower the parliament to destroy the basic features of the constitution. The Supreme Court’s judgment in this case is as follows: i) The constitution Twenty-fourth (Amendment) Act, 1971, section 2(a) (b) of the constitution Twenty-fifth (Amendment) Act, and the constitution Twenty-ninth (Amendment) Act are valid. ii) The decision of the majority in Golaknath’s case that the word ‘Law’ in Article 13(2) included Amendments to the constitution the Article operated as a limitation upon the power to amend the constitution under Article 368 is erroneous, and so, is overruled. iii) The power of Amendment includes within itself the power to add, alter or repeal the various Articles of the constitution, including those relating to fundamental rights. iv) There is no power to amend or alter the basic structure of the constitution. v) The First part of the Article 31-C is valid, and the second part of the Article 31-C laying down â€Å"no law containing a declaration that if it is for giving effect to such policy shall be called in question in any court on the ground that it doesn’t give effect to such policy† is invalid. vi) There is no inherent or implied limitations on the power of Amendment under Article 368. Case 5 Air India vs. Nergesh Meerza (1981) A regulation made by Air India, a statutory corporation, fixed the normal age of retirement of air hostesses at 35 yrs but authorized the managing director to extend the same to 45 yrs at his option subject to other conditions being satisfied. The regulation was held bad as it armed the managing director with uncanalized and unguided discretion to extend the age of retirement of any air hostess. No guidelines, principles or norms were laid down subject to which the power was to be exercised. Nor was there any procedural safeguard available to an air hostess who was denied extension. A regulation providing for termination of service of an airhostess in Air India on her first pregnancy has been held to be arbitrary and abhorrent to the notions of a civilized society. Case 6 Visakha vs. State of Rajasthan (1997) The Supreme Court has declared sexual harassment of a working woman at her place of work as amounting to violation of rights of gender equality and right to life and liberty which is a clear violation of Article 14, 15 and 21 of the Constitution. Article 21 guarantees right to life with dignity. Accordingly the Court has observed in this connection: â€Å"the meaning and content of the Fundamental Rights guaranteed in the constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse† Sexual harassment also violates the victim’s fundamental right under Article 19(1)(g) â€Å"to practice any profession or to carry out any occupation, trade or business†. Thus Article 32 is attracted. In the absence of any domestic law relating to sexual harassment in India, the Supreme Court has itself laid down under Article 32 some directions for prevention of such harassment. These directions are binding and enforceable and are required to be strictly observed in all work places until suitable legislation is enacted to occupy the field. Case 7 M R Balaji vs. State of Mysore (1963) An order of the Mysore Government issued under Article 15(4) reserved seats for admission to the state Medical and Engineering colleges for Backward classes(28%) and ‘more’ Backward classes(22%). This was in addition to the reservation of seats for SCs (15%) and for STs (3%). Backward and more backward classes were designated on the basis of ‘castes’ and ‘communities’ The Supreme Court characterized Article 15(4) as an exception to Article 15(1) (as well as to Article 29(2)]. The court declared the order bad on several grounds in this case. ↠ The first defect in the Mysore order was that it was based solely on caste without regard to other relevant factors and this was not permissible under Article 15(4) ↠ Secondly, the test adopted by the state to measure educational backwardness was the basis of the average of student population in the last three high school classes of all high schools in the state in relation to a thousand citizens of that community. This average for the whole state was 6.9 per thousand. The vice of the Mysore order was that it included in the list of backward classes, castes or communities whose average was slightly above, or very near or just below the state average(e.g., Lingayats (7.1) were mentioned in BC list). ↠ Thirdly, the court declared that Article 15(4) does not envisage classification between backward and more backward classes as was made by the Mysore order. In Balaji case, the Supreme Court could sense the danger in treating ‘caste’ as the sole criterion for determining social and educational backwardness. The importance of the judgment lies in realistically appraising the situation when the court said that economic backwardness would provide a more reliable yardstick for determining social backwardness because more often educational backwardness is the outcome of social backwardness. The court drew distinction between ‘caste’ and ‘class’. An attempt at finding a new basis for ascertaining social and educational backwardness in place of caste is reflected in the Balaji decision. The court also ruled that reservation under Article 15(4) should be reasonable. It should not be such as to defeat or nullify the main rule of equality enshrined in Article 15(1). While it would not be possible to predicate the exact permissible percentage of reservation, it can be stated in a general and broad way that it ought to be less than 50%. Case 8 Indra Sawhney vs. Union of India (1992) (Mandal Commission Case) The Supreme Court has taken cognizance of many complex but very momentous questions having a bearing on the future welfare and stability of the Indian society. ↠ The overall reservation in a year is limited to a maximum of 50% ↠ Amongst the classes granted reservation, those who have been benefited from reservation and have thus improved their social status (called the ‘creamy layer’ by the court), should not be allowed to benefit from reservation over and over again. This means that the benefit of reservation should not be misappropriated by the upper crust but that the benefit of reservation should be allowed to filter down to the lowliest so that they may benefit from reservation to improve their position. The court has said that if a member of IAS, IPS or any other All India Service, his social status rises; he is no longer socially disadvantaged. This means that, in effect, a family can avail of the reservation only once. ↠ An element of merit has been introduced into the scheme of reservation. o Promotions are to be merit based and are to be excluded from the reservation rule. o Certain posts are to be excluded from the reservation rule and recruitment to such posts is to be merit based. Minimum standards have to be laid for recruitment to the reserved posts.

Sunday, July 21, 2019

Theoretical perspectives in the sociology of sport

Theoretical perspectives in the sociology of sport Social and cultural theories are often used when studying and applying knowledge to sports. The theories in society often provide a framework for asking research questions, interpreting information and being able to uncover the deeper meanings and stories that are associated with sports, they also enable citizens in the society to become more informed so that we can apply what we have learned from the research and being able to apply it in the world that we live in. Theories also enable people to see things in new angles and perspectives and give us the ability to make informed decisions about sports and how sports participation can be used in our lives, communities, families and societies. The six main theories used in sport have many points and can overlap with each other but only two are going to be discussed in this study. The two theories chosen to compare are functionalist theory and conflict theory. Functionalist theory is a macro sociological theory that is based on the characteristics of social patterns, structures, social systems and institutions such as family, education, religion, leisure, the economy, media, politics and sport. If all these social institutions are organized and co-operate with one another around a set of core values functionalist theorists assume that the entire social system will function properly and efficiently. Society in functionalism has a view that it is an organized system of interrelated parts that are held together by shared values and established social arrangements that help maintain the system in being in a state of equilibrium and balance. When sociologists use functionalist theory they split it into two parts, the first concept of interdependent parts is all of the social institutions (media, religion, sports, politics and economics) and how they are linked together. In the tradition of Talcott Parsons and his conception of functional imperatives (goal attainment, adaptation, latency and integration) functionalists argue that there are four basic system needs for any society in sports (team, clubs etc) to run smoothly and that everyone will benefit. The four principles are Adaptation In order to survive in a society it is essential that members learn to adapt to changes in the social structure and culture. Another important element to survival is the emphasis on being physically fit as it is required for most sports. Goal Attainment This is the motivation of individuals to achieve societys goals through socially accepted means. Sport is preoccupied with tracking the success and failures of its participants however it also teaches participants that if they work hard enough it will lead to victory meaning success. Integration Sport promotes social connections between people and gives them the opportunity to co-operate with each other in a group and a community. It also provides a feeling of social identification as well as a source of personal identity. The society must keep itself together. Latency (pattern maintenance and tension management) Each system must maintain itself in a possible state of equilibrium for as long as it can without any outside disruptive influences. Many forms of pattern maintenance are provided by sport primarily through participation where the participants are taught to accept an authority structure that is well defined for example athletes knowing that referees have the authority over them to make sure they stick to the rules of the sport. Functionalist theory in sport generally leads to the conclusion that it is popular in society because it can maintain the values of character that help to preserve stability and order in social life. Functionalist theory also supports sporting policies that help and recommend the growth of competitive sport programmes, developing coaching education programmes, in the case of youth sport there is an establishment on criminal bureau checks and qualification checks on coaches before working with younger children. The theory also supports the establishment of training centres for elite athletes so they can maintain their top-level performance and making sure to have increased surveillance and drug testing so they are able to supervise and control the actions of athletes by preventing those taking drugs so they cant cheat their way to attaining a better sporting performance. People in society who have positions of power tend to favour functionalist theory as it is based on the assumption that society is organised for benefiting the people in that society of equality and that in any dramatic way it should not be changed. While functionalist theory is a popular approach it does have some weaknesses. The weaknesses of functionalist theory is that it tends to lead to exaggerated accounts of positive consequences of sports and sports participation however it mistakenly assumes that there are no conflicts of interests between the different citizen groups in society such as women, people with disabilities, racial groups and people who are economically poor in society yet it doesnt recognise that sport can privilege or disadvantage people more than others. The theory also ignores the powerful historical and economic factors that have influenced social events and social relationships. Functionalist theory is centered on the idea that there is a consensus in the values and norms of society and that social institutions found within a society are integrated and function together. In contrast conflict theory looks at the role of power and the inequality found throughout society and how sport is shaped by these economic forces and used by people with economical power to increase their influence and wealth. Conflict theory is based on the ideas of Karl Marx (1818 1883) which rose to importance during the 1970s because of the growing disenchantment with functionalist theory. This theory of Karl Marx views sports as being built on the foundations of economic power. In societys that are capitalistic you see that relationships and social arrangements are organised around wealth, money and economic power for example in the United States its easy to point out the owners of the sport teams as they are benefiting financially from the expense of elite athletes, the coaches that work alongside the athletes and the spectators who watch the sport. Like functionalist theory conflict theory is based on the assumption that society is like a social system however conflict theory focuses on the needs of capital rather than the general system needs. Theorists of conflict theory explain that a society which is capitalist will not be able to survive and grow without exploiting any workers for the sake of boosting financial profits; they also suggest that if radical changes are to be concluded in sport and society by prevailing justice and fairness they need to identify the negative consequences that sport has. Once these changes are made sport will become a source of creative energy, expression and physical well-being. People who live in capitalist economies are generally not comfortable with the assumptions and conclusions of conflict theory because they say it has a negative effect and does not fit into their ideas about society and sport as they feel uneasy with the conclusions of calling for radical change in the current organisat ion and structure that they already have. Much of conflict theory is directed at sports which are dominated by spectators. Conflict theorists if they had the choice they would increase the control that athletes and other sporting participants have to promote sport at local community level so that it benefits all classes of people rather than just all elite athletes. Meaning the working class would have more influence of sport than the rich class giving them more motivation for participation and eliminating profits. Many conflict theorists favour players unions that confront pro-team owners and are supporting organisations that help to guard against public tax money being used to benefit wealthy people. Ideally any public resources would be used to help aid sponsoring sports that are designed to improve physical fitness, political awareness and include placing the element of fun into activities. Conflict theorists (Leonard 1980; Rigauer2004) would also campaign for athletes at all levels to have representation with making dec isions about sport in organisations so Olympians would be able to vote on policy questions that concerned the staging of the Olympic Games. Conflict theory also has three major weaknesses. The first weakness is that the theory tends to ignore the possibility that sport in capitalist societies can and may involve experiences that give individuals and groups power. Conflict theorists talk about how sport is organised to maximise the control that wealthy people have over other members in a capitalist society. The conflict theory approach doesnt acknowledge that sport can take many forms of serving interests in the have-not society and denies that any participation in sport can be a personal creative and liberating experience that will inspire members of society to make economic changes that will help to promote equality in exiting capitalist societies. Secondly conflict theory ignores the importance of race, ethnicity, gender, disability, age and many other factors when it comes to explaining how people want to identify themselves, how they relate to other members in the society and how they organise the social world in whi ch they live. Often its leading people to overlook the possibility that inequalities and power in any society are based on factors other than economic and social class differences. Thirdly the theory assumes that all aspects of social life are determined economically and is shaped by the needs of having capital in society and profit motive. Theorists of conflict theory focus on the assumptions that of economic factors when studying sport however they tend to overlook participation and recreational port for healthy living. Functionalist theory and conflict theory both focus on the needs of society and how sport can relate to the satisfaction of the system needs. The theories dont inform us about sport in everyday life and the ways in which people are active agents who are participating in the processes of sports and societies that are organised and changed. They both also ignore that sport and social constructions emerge in peoples everyday life when they struggle to decide what is important and how they are going to collect organisation in their lives.

Globalization And The Impacts Of E Commerce

Globalization And The Impacts Of E Commerce One of the most vital processes of the last several decades has been the emergence and development of the process of globalisation. According to the definition given by Andrew Heywood globalization is the emergence of a complex web of interconnectedness that means our lives are increasingly shaped by the events that occur, and the decisions that are made, at a greater distance from us. The central feature of globalization is therefor the geographical distance is of a declining relevance and the territorial boundaries, such as those between nation states are becoming less significant  [1]  . One of the significant characteristic of globalisation is the Time- space compression. Through the advances in technology, it is easier to communicate and travel internationally and also that the speed at which these things are accomplished has greatly increased  [2]  . This aspect of globalisation has a wider impact on the global commerce were the advances in technology have led to an integration and interconnectedness of the global economy. The pace at which transactions can take place has led to an increased global focus on the integration of economies and has led to the increased involvement of private business actors in the realm of international finance and international markets. Modern technologies have moreover facilitated a scale and speed of communication that is unprecedented  [3]  . The UNDP human development report  [4]  explains that the fusion of computing and communications especially through the internet has broken the bounds of cost, time and distance la unching an era of global information networking. The Internet, digital technologies and the evolution of E-commerce (Electronic Commerce) raised new challenges for the Intellectual property right holders in the digital world. Materials protected by copyright and related rights constitute much of the valuable subject matter of ecommerce. This situation has a wide-ranging impact on the right of copyright holders because they permit new ways of creating, using, and duplicating works of authorship. In the digital world copies can be made cheaply and distributed widely by individuals. The copyright laws that were set to compact with the problems in the physical world had to deal with the issues in the digital world. To achieve the same the copyright laws has to undergo drastic changes. In this context this paper attempts to analyse the evolution of Ecommerce in the background of globalisation and its implications on the Copyright laws. The paper will also focus on the various measures adopted by the national governments to prevent the i nfringement of copyright in the digital world. The paper excludes the disputes related to domain names, Patents and Trademarks. EVOLUTION OF E COMMERCE In the 1990s the information technology led to a new revolution through the commercialization of internet. The limitations of networked systems like the cost structure and that related to geographical limits became irrelevant. Old traditions about the cost structure and geographic limits of networked systems turn out to be irrelevant and it became easy to form a worldwide system quickly and inexpensively. Business people seized this opportunity and responded by creating entirely new types of businesses and fundamentally altering existing businesses. The once limited strategic use of information technology became widespread. Thus new terms were created to label this revolution: electronic commerce (more commonly called ecommerce) and electronic business (eBusiness)  [5]  . In the present scenario we can see the business world is transitioning from a physical reality based on atoms to a digital one of bits  [6]  .The term commerce is viewed by some as transactions conducted between business partners. Therefore, the term eCommerce seems to be fairly narrow to some people. Thus the term eBusiness refers to a broader definition of eCommerce, not just buying and selling but also servicing customers and collaborating with business partners, and conducting electronic transactions within an organization. Business-to-business eCommerce is the largest gold rush international commerce has seen for decades. It may be the largest ever Bridging the profound gap between the way traditional businesses are run and the way virtual communities will be built.  [7]   The rapid growth of the Internet and associated technologies have created a new business environment and opened up numerous new possibilities for conducting and managing businesses. Terms such as digital economy, eBusiness, and eCommerce are being used to characterize these developments.  [8]  Businesses have become internet worked eBusiness enterprises. The Internet and Internet-like networks inside the enterprise (intranets), between an enterprise and its trading partners (extranets), and other types of networks are now the primary information technology infrastructure of many organizations. The Internet is a network of networks. The internet worked eBusiness enterprise enables managers, business professionals, teams, and workgroups to electronically exchange data and information anywhere in the world with other end users, customers, suppliers, and business partners. Companies and workgroups can thus collaborate more creatively, manage their business operations and resources mo re effectively, and compete successfully in todays fast-changing global economy  [9]  . PRINCIPLES of E COMMERCE Organization of Economic Corporation and Development (OECD) deals with five broad themes for a better understanding of eCommerce.  [10]   1. Ecommerce transforms the marketplace: ecommerce is changing the way business is conducted. Traditional intermediary functions will be replaced, new products and markets will be developed, and new and far closer relationships will be created between business and consumers. It will change the organization of work: new channels of knowledge diffusion and human interactivity in the workplace will be opened with more flexibility and adaptability will be needed, and workers functions and skills will be redefined. 2. Ecommerce has a catalytic effect: Ecommerce will serve to accelerate and diffuse more widely changes that are already under way in the economy, such as the reform of regulations, the establishment of electronic links between businesses (EDI), the globalization of economic activity, and the demand for higher-skilled workers. Likewise, many sectorial trends already underway, such as e-banking, direct booking of travel, and one-to-one marketing, are accelerated by ecommerce. 3. ECommerce over the Internet vastly increases interactivity in the economy: These linkages now extend down to small businesses and households and reach out to the world at large. Access will shift away from personal computers to cheap and easy-to-use TVs and telephones to devices yet to be invented. People will increasingly have the ability to communicate and transact business anywhere, anytime. This will have a profound impact, not the least of which will be the erosion of economic and geographic boundaries. 4. Openness is an underlying technical and philosophical tenet of the expansion of ecommerce: The widespread adoption of the Internet as a platform for business is due to its non-proprietary standards and open nature as well as to the huge industry that has evolved to support it. The economic power that stems from joining a large network will help to ensure that new standards remain open. More importantly, openness has emerged as a strategy, with many of the most successful eCommerce ventures granting business partner and consumers unparallel access to their inner workings, abases, and personnel. This has led to a shift in the role of consumers, who are increasingly implicated as partners in product design and creation. An expectation of openness is building on the part of consumers/citizens, which will cause transformations, for better (e.g. increased transparency, competition) or for worse (e.g. potential invasion of privacy) in the economy and society. 5. Ecommerce alters the relative importance of time: Many of the routines that help define the look and feel of the economy and society are a function of time: mass production is the fastest way of producing at the lowest cost; ones community tends to be geographically determined because time is a determinant of proximity. Ecommerce is reducing the importance of time by speeding up production cycles, allowing firms to operate in close coordination and enabling consumers to conduct transactions around the clock. As the role of time changes, so will the structure of business and social activities, causing potentially large impacts. In a nutshell the benefits of Ecommerce are, they offer personalization, high quality customer service and improved supply-chain management. This features of ecommerce has led to a wide scope of Intellectual Property transactions, especially the copyright works in the digital world and thus raise the challenges of protection of the same in the digital world. IMPACT of ECOMMERCE on COPYRIGHT Copyright is a legal term describing rights given to creators for their literary and artistic works. The kinds of works covered by copyright include literary works such as novels, poems, plays, reference works, newspapers, and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps, and technical drawings  [11]  . Copyright motivates the creative activity of authors and thereby provides the public with the products of those creators. By granting authors exclusive rights, the public receives the benefit of literature and music and other creative works that might not otherwise be created or disseminated. Effective copyright protection promotes a new Cyber-marketplace of ideas, expression, and products  [12]  . The internet has paved the way for new ways of creating, using and duplicating copyrighted works. Internet and other digital technologies raise new issues for copyright law because they permit new ways of creating, using, and duplicating works of authorship. Copies are made cheap and the distributions of the same are done at a greater pace in the digital world. This creates the major challenge in the present scenario for copyright holders. In this context it is worth to discuss the implications of globalisation of information and its impact on intellectual property laws. The growth of digital information in the background of globalisation has a wider impact on the domestic and international intellectual property regimes. This has led to the standardization of Intellectual Property laws and demand for greater protection. The literature of recent years advocates that these effects on Intellectual Property have positive impact on the intellectual property producing nations and transnational corporations. Another argument put forth in this context is that the sovereignty of the state is compromised to strong and powerful private entities .It is possible that the prevalence of such writings in the literature is a response to the movement toward harmonization and stronger intellectual property protections and an attempt to ensure that some of the less heard voices are expressed.  [13]  Globalization of intellectual prope rty laws is leading to an erosion of state sovereignty or, at least, profound transformations in our notions of sovereignty  [14]   The Internet poses a threat to copyright laws, especially in the areas of illegal music copying and distribution. The Internet is made up of millions of sites with millions of users potentially viewing those sites daily. It is very easy for users to download information from other peoples sites and in many cases this activity is not easily monitored. A user with a personal web page may also upload files to the server where the page is located and then allow other users to copy that file, regardless of the fact that it may be copyrighted.  [15]   The international character of E commerce raises questions about the nature of traditional legal systems in general, and intellectual property law in particular. They are based on notions of sovereignty and territoriality. The Internet, in contrast, like the movement of weather within the global climate, largely ignores distinctions based on territorial borders. Instead, infrastructure, code and language have thus far had a greater bearing on the reach of its currents  [16]  . For example, the most fundamental issue raised for the fields of copyright is the determination of the scope of protection in the digital environment involving how rights are defined, and what exceptions and limitations are permitted. Other important issues include how rights are enforced and administered in this environment; who in the chain of dissemination of infringing material can be held legally responsible for the infringement; and questions of jurisdiction and applicable law. The Internet is multi-jurisdictional. Users can access the Internet from almost any place on earth. The unique feature of digitized information is that they travel through various countries and jurisdictions before reaching its final destination. The major legal issue arise in this context is the problem of jurisdiction to adjudicate a dispute at a particular location. Secondly there arises the question of law that can be made available to the disputes and finally the recognition and enforcement of judgements in courts in foreign jurisdictions. The economic pressures and the growing international significance of copyright have led to new laws. These new laws are overwhelmingly in furtherance of expanding protection, easier protection, and longer protection.  [17]   There is no standard international copyright law, but an international system exists were a set of norms based on national laws. There exist two different traditions with regard to copyrighted works such as common law and the civil law. Public benefit is the principal focus of copyright systems for which the countries the countries that followed common law tradition. In the civil law tradition copyright works are treated as an authors natural human rights, or part of ones right of personality. Thus, under this system, the protection of an authors moral rights is as essential as the corresponding protection of his/her economic rights. The concept of copyright itself witnessed a drastic change along with the development of technology. In the age of printing press copyright was a restriction on the publishers and authors rather than on the readers. Now in the present context the age of the printing press is coming to an end and the age of the computer networks has taken the way. The computer networks and the transactions in the digital world are now taking us back to a scenario that existed at the age of printing press were anybody who can read can also make a copy of his own. This has directed to a different situation were the there is a drastic change in the working of the copyright laws; Copyright law is now no longer an industrial regulation rather it is a draconian restriction on the general public. Earlier the copyright laws were used to restrict the publishers and to protect the authors now in the present scenario copyright laws are used to restrict the public for the sake of publishers. In the present scenario the publishers are vigilant in protecting their copyright and they wish to increase copyright powers to the maximum extent point where they have complete control over the information. The publishers in fact started compelling the national governments for more copyright powers. These situations led to creation of stringent laws were more powers were given to the publishers and freedoms of the public are being taken away to a large extent. The Passing of Digital Millennium Copyright Act by the US can be cited in this context. Similar laws were passed in Australia and European countries as well. In order to prevent the infringement of copyright in the digital world various methods have been adopted. Firstly harsh punishments are inflicted on copyright violators. The word pirate was earlier used to refer the publishers who failed to pay the authors, but in the present scenario it is used to refer the public who escapes from the control of the publisher. In the globalised era of information it is observed that the publishers are compelling the governments to amend the copyright laws to give themselves more power. The publishers are purchasing the laws to empower themselves. Secondly the publishers are also trying to extend the duration of copyright. So the publishers are purchasing laws to give themselves more power. In addition, theyre also extending the duration of the copyright. This can be assumed from the speech delivered by Richard Stallman were he points out The U.S. Constitution says that copyright must last for a limited time, but the publishers want copyright to last forever. However, getting a constitutional amendment would be rather difficult, so they found an easier way that achieves the same result. Every 20 years they retroactively extend copyright by 20 years. So the result is, at any given time, copyright nominally lasts for a certain period and any given copyright will nominally expire someday. But that expiration will never be reached because every copyright will be extended by 20 years every 20 years; thus no work will ever go into the public domain again. This has been called perpetual copyright on the instalment plan.  [18]   The law which was passed in US in the year 1998 that extended the copyright protection for twenty more years was called the Mickey Mouse Copyright Extension Act. One of the main champions of this law was Disney. The copyright of Disney was about to fall in the public domain by the year 2003 and to extend the duration of their copyright they compelled the US government to amend the copyright law. Similar instances can be pointed out from various national copyright legislations across the world. CONCLUSION In the current environment it is seen that globalisation is carried out by a number of policies that are done in the name of economic efficiency or free trade treaties. These treaties are drafted in such a way to empower the Business corporates over laws and policies. Theyre not really about free trade. These treaties transfer power to business corporates and the national governments find themselves in a situation were they cant protect the interest of their own citizens. In the present scenario it is the foreign companies having more power than citizens of the country. The copyright treaties that were designed in the in the 90s begin to impose copyright throughout the world in more powerful and restrictive way. The distinctive features of these treaties were they are controlled by corporate giants. It is an accepted reality that strong Copyright protection hinders the development of a country. When the US was a developing country, The US failed to recognize foreign copyrights because they were well aware of the fact that it can be an obstacle in their development, but in the present scenario the developing countries are compelled to amend their copyright laws for empowering the publishers of developed nations and to protect their copyright in the digital world. The US threatens the developing nations to go against their own interest. In the present scenario it is seen that the existing legal regime for protecting the copyright in the era of digitisation doesnt serve the interest of the public. Developing countries like India are also vigilant in protecting the copyright especially in the felid of softwares. In the recent years, the Indian court shows growing concern and willingness to enforce intellectual property rights. In the 21st century, intellectual property plays an ever more important role on the international stage. The evolution of ecommerce in the context of globalisation had a widespread impact on the Intellectual Property copyrights. There are further digital copyright issues yet to be successfully addressed in the world of ecommerce.

Saturday, July 20, 2019

Comparing Families in Song of Solomon, Push, and Incidents in the Life

  Ã‚  Ã‚   One of the objectives of this seminar is to "observe the images of the individual, the family, and alternative families in the writings and experience of minority groups(objective 6a)." The families of the African American subjects in these writings present abnormality and dysfunction. Normalcy, seen in common nuclear families, is absent in the minority families we have read about thus far. The protagonists, Precious, Milkman, and Linda, are shaped by their dysfunctional relationships with their parental figures. The abnormality of the mother and child relationship is apparent in the minority families in these writings. The mother figures seem to have misguided hopes for their children. We see this in "Incidents in the Life of a Slave Girl". Jacobs writes, "...often does she wish that she and they might die before the day dawns(350)." She also tells us, "Alas, what mockery it is for a slave mother to try to pray back her dying child to life! Death is better than slavery.(392)." The mothers would rather wish death upon their children or themselves in order to prevent pain and separation caused by slavery. Song of Solomon, by Toni Morrison, presents an image of an unnatural, extended time of maternal bonding. In this novel, Ruth breastfeeds her son, Milkman, until he is about four or five years of age. Ruth breastfeeds Milkman for this unnaturally lengthy amount of time because it makes her feel like her son is a part of her. Breastfeeding him gives her immense pleasure and satisfaction. However, she hides her indulgence from the rest of the family until Freddie the janitor catches her. She knows it is wrong, but it makes her daily life bearable. In contrast, Sapphire's novel, Push, depicts the bond between the m... ... see her as a human being to be treasured as a father should treasure his daughter. She tells us, "My fahver don't see me really. If he did he would know I was like a white girl, a real person, inside. He would not climb on me forever(32)." These writings, joined by the dysfunction in the families, present an insightful image of the individual and the family of African Americans. Precious, Milkman, and Linda gained strength and courage through their trials of abnormal, sometimes abusive upbringings. Each scar, whether it was mental or physical, was a lesson learned. Works Cited: Brent, Linda. "Incidents in the Life of a Slave Girl". The Classic Slave Narratives. Ed. Henry Louis Gates, Jr. New York: Penguin Group, 1987. Morrison, Toni. Song of Solomon. New York: The Penguin Group, 1977. Sapphire. Push. New York: Vintage Contemporaries, 1996. Â