Friday, August 21, 2020
Work Motivation And Organizational Behavior ââ¬Myassignmenthelp.Com
Question: Examine About The Work Motivation And Organizational Behavior? Answer: Introducation In view of the contextual analysis given with the task around One-plan of a law office worked by Owen Cheetham and Jack Wynne which was begun in 1976 arranged in downtown Auckland. This contextual investigation is tied in with moving to another office with a casual setting and how the staff is responding to the new office and condition. Down underneath is the conversation with respect to the inquiries given under the contextual analysis according to the calculated comprehension and the hypothetical ideas. The purposes for contradicting the open-plan office change by representatives that they are not happy with open space workplaces. Open space workplaces are noisier than other private workplaces and representatives feel occupied which legitimately influences their profitability. The discussions is by all accounts stronger in such condition whether it is on telephone or individual, one can caught others regardless of whether they arent expected to tune in and end up in a contest between workers some of the time. This makes a negative situation in office. As referenced for the situation study where collaborators not open to talking before everyone and make calls to their cherished by leaving the workplace and that costs them as well. Aggravations made by associates are the primary driver disliking the open arrangement office thought. In any event, going from the work areas would make an unsettling influence for the individuals who are working and couldn't focus appropriately. Security i ssues can likewise happen in such kind of condition as there are no different lockable lodges for everybody which can prompt a few issues that no one in the workplace or the workplace itself needs to confront. Protection is the factor which everyone requires the most and it is hard to get in open office plan, representatives face issues while having any private call or family call as there is constantly a hazard to share brings before different colleagues. In the given contextual investigation a few legal counselors additionally said that they can't accept calls from their customers some time when different specialists are around as circumstance are there when they need protection to deal with cases. Meeting rooms are consistently impossible to make calls. Workers have given blended reaction for one arrangement office arrangement. A few laborers approve of the arrangement as they find such condition propelling and tries them to try sincerely while having a well disposed repo with di fferent specialists in office. Be that as it may, the proportion of enjoying the idea of one arrangement and opposing the methodology of the equivalent is around to 1:2. Representatives in such casual condition feel correspondence issues, one can impart classified data to his/her partner however there is constantly a vulnerability that the data shared can be caught by somebody who should tune in and can prompt a few issues in future. In an open arrangement office worker can't keep their place as indicated by their taste and inclination as they don't have any fixity of their sitting additionally no private lodge to keep it the manner in which they are agreeable in. In general these inconveniences and reasons of representatives can influence the profitability just as workplace all in all (Pinder, 2014). Accomplices could have taken convenient measures to reduce the opposition in office and resolve the issues with respect to casual setting of office and condition. They could have held a gathering as they was already aware at the prior stage just that associates are having issues and are not happy with the setting in office. They would have sort out the casual setting such that it gives a private space to every laborer except then again a typical zone where all specialists can sit and eat while talking, along these lines issues can be settled in regards to security, protection, interruptions and clamors they the sum total of what could have been kept away from. Additionally accomplices can arrange a gathering and clarify the purposes for moving to such setting. Representatives are unconscious of the focal points the open arrangement office conveys with it so they have to thoroughly understand this arrangement that how these favorable circumstances influence them, their profitability e xpands, nature at working environment is sure on the off chance that they keep up their nobility and conduct as it were. In this given case Owen and jack heard tattles however disregarded the way that it can cause colossal misfortune in the coming time and can prompt different issues in the firm. The indiscretion on the part in this issue makes disarray and unfortunate condition. It bring grinding among laborers and bosses, they have lost fulfillment from their employment and couldnt center around their work because of issues happened as talked about for the situation study. Accomplices could have resolve issues by tuning in to worker and their solicitations at the outset just with the goal that they wont keep going for a more extended time. Likewise they could have requested an input about the move from a conventional office into one-plan office arrangement. For the most part it is helpful to request the input from representatives time to time with the goal that bosses would realiz e all the happenings going around at the working environment and in the brain of laborers. The means can be taken likewise and changes can be made in the organization by the holders of the organization as in the given situation where jack and owen are the holders of their firm, may have tuned in to their laborers and do the essential changes required to adjust the issues looked by everybody at the working environment. The hindrances in correspondence shows up in Cheetham and Wynne firm are fundamentally the accomplices according to the contextual analysis given. Here for this situation, workers are having discussions about their occupations and how troubled they are by the audits they get from the supervisors for their exhibitions. They are not remunerated appropriately regardless of whether they perform at their best, one needs an award after a specific purpose of time and a prize can be in any structure not really as far as cash however it very well may be in kind too. It gives an increase in inspiration to representatives to work more diligently and better of their abilities. The fulfillment from their activity and execution they get likewise works generally advantageous and lead to positive results. So compensates are significant for a representative. Under the given contextual investigation, it is indicated that a worker imparted some private data to sibling her which was not legitimate act t o do and the equivalent was educated to one of the accomplice and he passed on this demonstration to other accomplice yet he didnt react to it. Here no move was made against such act by the accomplice which makes the issue of correspondence in the firm. On the off chance that something very similar happens again and nobody pays heed, at that point it can make issues of protection and lack of regard in office. In this firm, workers don't have the foggiest idea how their exhibitions are being assessed or on what premise it is assessed. This influences their presentation since they have no clue the amount they are likely expected to be working, what are the possibilities of their activity. At the point when the presentation isn't estimated or the premise isn't clear, the profitability diminishes which is definitely not a positive effect on the firm. Representative don't have a clue what their executives are anticipating from them and here and there they don't answer appropriately and s tay unanswerable to laborers which appears as a reaction for workers present in the firm. It has been seen in the offered contextual analysis that no commendations or examinations been given to laborers for their exhibitions. So generally the issues of correspondence are significant ones and lead to different issues in the association (De Been and Beijer, 2014). To beat such issues, there are measures accessible for chiefs. By following those recommendations given, issues can be settled at a prior stage. A correspondence issue must be settled by an appropriate progression of data channels and chiefs reaction to worker issues and issues at work place. In the given contextual analysis clearly workers needed to pass on their messages to chiefs yet wound up being frustrated as supervisors didnt react them well and overlooked the reality. So here for this situation, administrators can resolve the equivalent by focusing on workers or their messages and follow up in like manner. Along these lines issues can be fathomed and worker remains content with the reality he/she is being joined in and tuned in by the authorities. There ought to be an appropriate channel through which laborers can impart in a conventional way and pass on data through those channels with the goal that classification will be kept up even in a casual setting which is of incredib le bit of leeway to the firm just as workers. Accomplices should direct a program or a gathering where they can educate or mindful the laborers in the firm about the favorable circumstances they get from such a casual setting of the firm. The preferences how it makes a glad and positive condition to work in, that how it spares enormous expenses identifying with the furniture required for the proper setting of a business where every single specialist have their own desk area and different other furniture require for such setting. This sparing can be use to pay rewards and advantages to worker, causing mindful to representatives about the advantages they to can get. It can likewise fill in as an inspiration for laborers to perform better which builds their profitability and the organizations efficiency too. Accomplices in this firm can understand the issue of correspondence by arranging a lot of standard to meet by laborers with the goal that their exhibition can be estimated based on set gauges. At the point when exhibitions are being thought about from the measures given, representatives get a thought where they are situated regarding their presentation and what it should have been done to improve their work generally speaking. Accomplices should put forth attempts by remunerating laborers on a month to month premise or quarterly relying on their accounts which at last influences a representative conduct and he/she gets in a positive perspective. It additionally propels others to work best out of their abilities and being perceived by supervisors of the firm and compensated for the equivalent (Luthans, Luthans, and Luthans, K.W, 2015). Accomplices and others have different wellsprings of intensity in th
Thursday, June 4, 2020
Presentation Sample on Cognitive Science
Presentation Sample on Cognitive Science Cognitive Science Overview of the David Rosenthalââ¬â¢s Higher-Order-Theory (HOT Theory) When the word HOT theory or Higher-Order-Theory is mentioned, the question that comes to the mind of a learner is: What could be the meaning of HOT theory or what does higher-order-theory means in actual sense? For the sake of those who might not have come across this theory, HOT theory or what is also known as Higher-Order-Theory in the perspective of David Rosenthal, is described in various ways as indicated herein: There is no mental condition that is conscious if one is not aware of that condition. Thus, a mental condition or state is considered conscious only if one is aware of the himself/herself as being in that condition. David also adds that human beings are aware of mental conditions that are conscious just by having ideas that one is in that condition. In the perspective of David, the higher order-thoughts are rare of conscious thoughts; they are different from states they are about. The standard procedure applied to differentiate mental consciousness in daily psychologies involves a differentiation made in the context that an individual is in a position to report his/her mental condition. However, David adds that humans cannot report mental conditions that are not conscious in nature. Another important issue that should be noted in the higher-order-thought is that higher-order-thoughts accompany mental conditions, hence enabling one to make mental condition reports. Humans do not have higher-order knowledge of mental conditions and thus are not conscious, hence cannot r eport their mental states. What are the Basic Tenets of David Rosenthalââ¬â¢s Theory? So what exactly are the tenets or the basic components of David Rosenthalââ¬â¢s Higher-Order-Theory? I am confident that many people, interested in learning various aspects of this theory may want to determine what exactly makes this theory. That is, what are the basic tenets of this theory? To begin with, Rosenthalââ¬â¢s theory is based in three major tenets. These tenets are the first order experience, second/higher-order-thought and the third order-thought. Rosenthal believes that these three tenets are what enable an individual to express his mental conditions or mental state, without necessarily having to report them. These tenets make the Higher-Order-theory a unique aspect of theory owing to the fact that: The conscious mental condition of a person entails that the person has thoughts or sensation about his mental state. In this regard, the conscious state is usually accompanied by series of rough simultaneous higher-order-thoughts concerning a specific mental condition. That is, the consciousness mental condition of a person is introspectively complemented by a second level higher-order-thought. That is, the unconscious state of the mind is complemented by the conscious mental state, which is also complemented by the introspective conscious condition. An example of the unconscious state occurs when is not aware of his state of mind, hence cannot make sense of any information. In relation to the conscious state, or what David refers to second level higher-order-thought, one is a position to determine his state of mind, but cannot make report of this state. The second level higher-order-thought is usually complemented by the introspective state where one is able to analyze and examine data, hence provide a report about it. Positive Criticism of Davidââ¬â¢s Higher-Order-Theory Many philosophers and scholars who support Davidââ¬â¢s higher-order-theory hold the view that consciousness can be explained by the relationship between two main levels of mental conditions, whereby the higher-order mental condition assumes another mental condition. This aspect may occur through sensation or thought. This may occur in situations such as; a person using a computer acquires the sensation of the black and white color of his/her computer. Such aspects of sensations are usually considered conscious by virtue of higher-order-theories, basically because an individual has a higher order state concerning such sensations. Supporters of Davidââ¬â¢s higher-order-theory have also applied the concept of two distinctions that are important in the differentiation of consciousness among creatures. The first distinction may be made among creatures using conditional consciousness as well as introspective consciousness. The second distinction is usually referred as transitive as it entails a consideration of an object; that is distinction made on the basis of binary relationship between elements for instance such that if a situation applies is i.e. A where A is considered wider than B and B is wider than C, the A is automatically wider than C. Negative Critics/ Criticism As learners, it is important that we explore various arguments concerning theories that have been proposed by many researchers. That is, a consideration of both the positive perspectives as well as opposing perspectives. This is a crucial part of learning; it increases our knowledge, by enhancing our understanding of the reasons why people have different perspectives and their impacts on issues. Considering the case of Davidââ¬â¢s Higher-Order-Theory, there are two main critics that are known by their eloquence and fierceness in relation to expressing their critical views, coupled by application of evidence. The main two critics of this theory are: Kati Balog: He is known for his fierce expression of ideas, and critical analysis on different issues. Apparently, Kati Balog has also made significant contributions in regard to enhancing the understanding of David Rosenthalââ¬â¢s theory and other crucial issues associated with it. In his view, David-s Higher-Order-Theory was presented in a wrong manner. He emphasizes that David was wrong to claim that his theory is self-evident by linking awareness of the state and consciousness. He also believes that David did not account for how individuals can access certain aspects of mental conditions and report through verbal channels. As such, this theory was characterized by limited explanation, that is, through the failure to define the phenomenal properties being indicated in the statements. In this aspect, Kati Balog believes that David Rosenthal was wrong by terming or calling this theory a theory of access consciousness, as he should have named it phenomenal consciousness theory. An other major weakness exhibited in this theory according to Kati Balog is that it appears to have shown that there is a likelihood of inaccessible mental conditions, despite the fact that there is simultaneous occurrence of awareness and consciousness. On this account, Kati Balog believes that the Higher-Order-Theory does not appear to highlight how the access to consciousness is achieved. Lastly, he believes that the explanation provided by Rosenthal is not satisfactory in nature in a field that is characterized by persuading theorists and metaphysical aspects of argument. Papineau: He has also provided his views on Davidââ¬â¢s Higher-Order Theory. He asserts that this theory has propagated a false dilemma among learners, due to the manner through, which it is over-simplified. Papineau also argues that David presented his theory in an ambiguous manner. The false dilemma created by this theory according to Papineau is based on the fact that the status of experience relies on judgments made later or the later higher-level order memory. That is, one mental state depends on the next level mental state to make judgments. Papineau also argues that Davidââ¬â¢s higher-order-theory is a type of theory that causes a threat to backwards causation of consciousness; that is a consciousness that relies on a later judgment from higher-order-thoughts. He explains that this backwards causation occurs as a result of the denial of phenomenally experienced states/conditions. What are the Insights/Lessons that we can learn from this theory? I hope all of us are aware of the fact that theories are meant to improve our insights and widen our scope of reasoning. From Davidââ¬â¢s theory, there are various lessons that we can learn. To begin with, this theory, through the three main tenets of consciousness, enables us to understand that reasoning process occurs through states. The first state is characterized by unconscious nature of the mind that is usually complemented by a higher-order thought, the conscious state of the mind, which is also ultimately complemented by the introspective state of the mind. The other lesson that we can learn from this theory is that the nature of state of consciousness between animas and human beings are different. Animals or what David refers as creatures make judgment through conditional consciousness, while reasoning and reporting among humans is made through what is referred as transitive consciousness as it is usually based in an object. In summary, there are various issues that emerge from an analysis of Davidââ¬â¢s theory on a similar basis like any other theory. The first issue is that this theory is made of three main tenets, the introspective, higher-order thought and the unconscious state. This theory has also been a subject to both positive and negative aspects of criticism, although there are no discussions from David indicating his counter-arguments in relation to negative critics. The theory is also an indication of how scholars have an understanding of various issues ascribed to psychological facets. We can also learn that some critics have provided proof that there is neural evidence that has led to the realization of higher-order-theory enabling individuals to be aware of their mental conditions. This awareness is deemed necessary for making mental conditions report, however, there are alternatives that provide suggestions which dispute the necessity of metal awareness. These critics have emphasized that there is a significant difference between other theories of the brain and Rosenthalââ¬â¢s theory. This is mainly due to the fact that Rosenthal method does not indicate empirical commitment to the philosophical approaches consciousness theory for instance: It cannot provide explanations how an individual can have dreams and fails to explain the dream a few hours later.
Sunday, May 17, 2020
The Nasw Code Of Ethics - 1266 Words
After reviewing the NASW Code of Ethics, I am confident that my personal values will conform well to the social work profession. There are a few personal values of mine that may conflict to the social work profession; however, I will most certainly use my professional judgement to ensure that I will not break the NASW Code of Ethics. Overall, I found that many of my personal values were mentioned in the NASW Code of Ethics. There are several personal values of mine that conform well to the social work profession and NASW Code of Ethics. I am a firm believer in promoting social justice. I have recognized that there are many groups in our society that are oppressed against, thus I believe this personal value of mine will contribute well toâ⬠¦show more contentâ⬠¦Being an advocate for women who experience domestic violence, is very important to me. I believe this personal value of mine will be extremely important in the social work profession because I can truly show empathy towards women who have been abused, thus promoting social justice is so important to me. Another personal value of mine is promoting equality. I mentioned in the previous paragraph that certain groups of people have been oppressed in our society, thus I believe everyone should be treated equally. Women most certainly have, but I have also seen how certain ethnic groups in our society are continually oppressed against. I believe that all people should be treated the same. It does not matter what color skin you have, what religion group you belong to, or what sexual preference you have, we all bleed the same blood. Living in a low-income area in Saint Paul, I have seen first-hand how Asian Americans and African Americans are treated differently. My mother has always taught my sister and I to try and treat everyone with the same respect we would expect to receive; therefore, this personal value correlates well to the cultural competence and social diversity mentioned in the NASW Code of Ethics. I try my hardest to step in when I recognize that certain individuals are not being treated with dignity and worth. There was an Asian girl in one of my classes in elementary school, and the other kids picked on her because she
Wednesday, May 6, 2020
The Ethics For Respect For Nature - 1477 Words
In Paul Taylorââ¬â¢s essay, ââ¬Å"The Ethics for Respect for Nature,â⬠he argues thatâ⬠¦ In this paper I will first describe Taylorââ¬â¢s concept of ââ¬Å"respect for nature.â⬠I will then explain the part this attitude plays in rationally grounding a biocentric outlook on environmental ethics. Lastly, I will present Rosalind Hursthouseââ¬â¢s criticism of Taylorââ¬â¢s view, and state how Taylor might respond to this criticism. Paul Taylor approaches ââ¬Å"respect for natureâ⬠as a moral attitude, meaning that if an individual is unable to comprehend the ââ¬Å"meaning and conditions of applicabilityâ⬠of the attitude, they are also unable to have the attitude as a part of their ââ¬Å"moral outlookâ⬠(Taylor 103). ââ¬Å"Respect for natureâ⬠is defined by two essential concepts, the good of a being, and the concept of inherent worth. The good of a being is applicable to ââ¬Å"every organism, species population, and community of lifeâ ⬠(Taylor 103). An entity has a good of its own if, ââ¬Å"without reference to any other entity, it can be benefited or harmedâ⬠(Taylor 103). Simply stated, what is advantageous for an entity in the sense of ââ¬Å"enhancing or preserving its life and well-beingâ⬠is good for it (Taylor 103). What is disadvantageous for an entity in the sense of being ââ¬Å"detrimental to its life and well-beingâ⬠is not good for it (Taylor 103). The good of an ââ¬Å"individual nonhuman organismâ⬠is realized to the extent that it is ââ¬Å"strong and healthyâ⬠(Taylor 103). An entity is said to be ââ¬Å"strong and healthyâ⬠to Taylor if it ââ¬Å"possessesShow MoreRelatedRespect Of Nature : A Theory Of Environmental Ethics Essay1511 Words à |à 7 Pagesfield of environmental ethics. In 1996, Taylor published the book Respect for Nature: A Theory of Environmental Ethics, in which he argues for the theory of Biocentrism. Biocentrism, in Taylorââ¬â¢s words, is an attitude of respect for nature, whereby one attempts to make an effort to live one s life in a way that respects the welfare and inherent worth of all living creatures. This egalitarian theory is a biologically-informed, philosophical worldview about humans, nature, and the place of humanRead MoreImpact Of Age And Wealth On Respect And Greed1525 Words à |à 7 PagesWhat is the impact of Age and Wealth on Respect and Greed? ââ¬â Impact of Norm and Value Some may describe age as a number however, age is a term that is generally a representation of the amount of experiences a person has had throughout their lives and an older person is therefore termed as older because of the number of experiences they have had. Same is the case with wealth. 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Leopold describes the stages of ethic evolving and explains that the rules for socializing were originally defined for human beings. These rules are expanded upon in the next stage of ââ¬Å"Ethical Sequenceâ⬠(237-238), describing how humans interact toward their community. The third stage is the ethics between humans and theRead MoreBiography Of Leopold s A Sand County Almanac Essay1571 Words à |à 7 PagesPart A When one reads Aldo Leopoldââ¬â¢s A Sand County Almanac, it is difficult to not immediately find yourself lost in Leopoldââ¬â¢s enchantment with the nature that surrounds him. Leopold describes, month by month, the activities of the animals and nature around him in such a way that one is able to truly appreciate the often missed miracles that are happening all around us. One can easily deduct that the theme of A Sand County Almanac is very boldly proclaimed as Leopoldââ¬â¢s writings tell us to pauseRead MoreChristian Environmental Ethics1517 Words à |à 7 Pagesand contemporary figures, it can be said that Christian ethical teachings have a significant influence on the lives of its adherents. A prime example of the effects of these teachings is the nature and practice of Christian environmental ethics. The Stanford Encyclopaedia of Philosophy defines environmental ethics as the discipline in philosophy that studies the moral relationship of human beings to, and also the v alue and moral status of, the environment and its nonhuman contents. Although each denominationRead More History of the Origins of Environmental Ethics Essay1045 Words à |à 5 PagesHistory of the Origins of Environmental Ethics The inspiration for environmental ethics was the first Earth Day in 1970 when environmentalists started urging philosophers who were involved with environmental groups to do something about environmental ethics. An intellectual climate had developed in the last few years of the 1960s in large part because of the publication of two papers in Science: Lynn Whites The Historical Roots of our Ecologic Crisis (March 1967) and Garett Hardins The TragedyRead MoreHuman Centered And Life Centered Systems Of Environmental Ethics1393 Words à |à 6 Pagesof nature also. A significant development in Biocentrism has been Paul W. Taylorââ¬â¢s text, The Ethics of Respect for Nature (1, 1986) within which he brings to relevance four related ideas to be main pillars for the theory. These are labeled as ââ¬Å"I. Human-Centered and Life-Centered Systems of Environmental Ethicsâ⬠ââ¬Å"II. The Good of A Being and The Concept of Inherent Worthâ⬠ââ¬Å"III. The Attitude of Respect For Na tureâ⬠and the last being ââ¬Å"IV. The Justifiability of The Attitude of Respect for Natureâ⬠. ItRead MoreHunting : The Truth About Hunting Essay1372 Words à |à 6 Pagespeople think of the bahamas, or a five star hotel when a vacation is mentioned, however that is not true for all. For those who enjoy the outdoors and nature, a nice hunting trip speak more to them. Hunting has been seen in our culture for centuries as a way of reconnecting with nature, and in todays world with the lack of predators it is used to keep nature in balance, as well as keeping in touch with our ancestral traditions. Hunting is a part of our culture and has been all throughout history. ââ¬Å"OurRead MoreEthical Ethics And Normative Ethics1078 Words à |à 5 Pagestwo questions are examples of why mete-ethics and normative ethics exist. To be able to create an environmental ethic, one must have a sense of moral conclusion. Whether these morals are categorized through self-interest or obligation, meta ethics and normative ethics try to decipher these notions. To derive a normative ethic, meta-ethics needs to explain the language of morality, and how do humans come to a consensus of specific actions and thoughts. Ethics, by short definition, is how we (humans)
Tuesday, May 5, 2020
Legal Toolkit Problem Solving Process
Question: Discuss about the Legal Toolkit for Problem Solving Process. Answer: Introduction: While approaching a legal problem a lawyer has to go through various stages to ensure that all aspects of the problems are adequately addressed. The initial and primary requirement to approach a legal problem starts with understanding the legal issue. The lawyers must start understanding legal issues by separating them from regulatory issues. For the purpose of legal reasoning the lawyers should take a planned approach. The lawyers can do rule based reasoning for the purpose of solving legal issues. In the subsequent stage the lawyers must find out the relevant rules of the case and apply them to the facts himself to come to an expected conclusion. In the next stage after the rules have been analyzed the lawyers must rebut their own arguments to find out its defects and find ways to solve such problems. Critical thinking is of utmost importance with respect to lawyers. They must know both the pros and the cons of the approaches taken by them towards solving the legal problem. After a nalyzing all the pros and cons lawyers must come to a precise conclusion which should be be in the best interest of their clients. While analyzing the relevant rules of the case a lawyer must know how to reason through analogy that is ratio decidendi and obiter dicta. Two cases can never have same facts but the same rule may be applicable on them. For instance in a case where a person has a wolf as pet is liable to all actions of the wolf as it is a wild animal, the rule will also be applicable in the case where a person has a pet Pit-bull who is not a wild animal but still he would be accountable for its actions. The concept of inductive legal reasoning has to be adopted by the lawyers towards approaching a legal problem. In this approach the claims made by a lawyer has to be supported by judicial provisions. A lawyer in this regard has to analyze the decision of the court taken in different situation and apply such decisions of the present case. The lawyers towards approaching a legal problem must know how to find out differences between two cases having similar facts. The significance of understanding the use of technical languages towards approaching a legal problem is also very important to a lawyer in the stage of legal reasoning. Understanding legal language is not as difficult as it appears, it is important for lawyers to understand a few significant characteristics of legal languages. Lawyers must not use any abstract concepts with respect to the language they use in solving the legal problems. Abstract words like anyhow should not be used by lawyers while drafting a file for a particular case. A good lawyer should also understand that legal language often contain foreign language phrases like French and Latin phrases and it is important for lawyers to understand its meaning sop that they can ensure an appropriate approach towards problem solving. Details of specific tools, strategies and theories One of the major principles in relation to common law is the doctrine of precedent. According to this doctrine the courts are required to follow the decisions and ruling made by the higher courts in similar situations. All lawyers have different approach and discipline towards solving legal problems. There are various methods for determining what law is applicable in a situation and one of such methods is the doctrine of precedent. The law of precedents is one of the major theories used by lawyers to solve a legal problem. This doctrine is explained totally by the lain phrase of state decisis which literally means one should abided by the decisions made by the higher court and not to disturb matters which are settled. However it has to be noted in this case that the decision of court at the same level are not binding on then. For instance the decision of the district court of New South Wales will not be binding on the district court of West Australia. The decisions of higher courts o utside the jurisdiction of the smaller court would also not be binding on the court and would act only as guidance. The first thing which a lawyer has to keep in mind before using the doctrine precisely is the level of the court. This has to be done because the court at a higher level does not follow the decisions provided by a court at a lower level. Another thing the lawyers must have in mind towards the doctrine of stare decisis is that not all courts follow the practice of being bound by their own decision. There are several matters which a lawyer has to come across in his professional career. Most of the matters are of such nature which has already been addressed by the courts at some point of time. The decisions relating to such matters help the lawyers to construct a logical argument with respect to the present issues they are dealing with. Sometimes a judge may use a different method to solve a particular case and avoid following a precedent which would have been bound to follow. This method is generally used by the judges when they find that the material facts of the present case are different as compared to the law of the case they are bound to follow. This concept allows the courts to differentiate between the previous decisions from the present case which could have become a precedent for the courts to follow. It has to be noted in this case that the court have to prove that such difference between the facts of the cases exist in order to not to be bound by the precedent even if the court does not agree with the reasoning of the precedent. The concept of judicial precedent has to be complied with strictly in case legal distinction is not proved. Two cases which are used to explain the concept of distinction most commonly are the cases of Merritt v Merritt (1971) and Balfour v Balfour (1919). The common factor in both the cases was that the wife had made a claim against her husband in relation to the breach of contract. In the case of Balfour v Balfour the court decided that the wife is not entitled to claim breach of contract as the element of intention was absent in the contract and therefore the contract was not formed. The court in this case ruled that the agreement was not a contract and merely a domestic agreement. In the case of Merritt v Merritt the claimant and defendant were divorced and thus the court found that their relationship was more distant and different as compared to the previous case. This fact explained the reason why they opted to form the agreement in writing and therefore the court held the claim. Lawyers must allocate adequate time and reasoning in order to determine material differences between two similar cases. The concept of distinction between cases is essential for the lawyers to effectively use the doctrine of precedent. According to the principle of the Rule of Law, the nation has to be governed by the law and not arbitrary decisions of people at influential government positions. The main aim of this rule is to bring out the significance of law in society and particularly restricting arbitrary behavior by government officials. The rule implies that all citizens are equal before law and even lawmakers are not above the rule of law. This rule abolishes the practices of dictatorship, oligarchy or autocracy where rules made by government officials are above the law. According to Aristotle it is more beneficial if people are not ruled by a single citizen, and even if the supreme power of law is placed in a single person than the person must act merely as a servant of law. The rule abolishes the idea of divine rights where rulers were held to be above the law. This rule is used to determine the main dimensions of good governance within a country. The rule of law promotes confidence and trust within the nation as the people know that law will be applied consistently and equally. In Australia the main aim of the rule of law is to provide the citizens with a fair trial and promote equity. It is the duty of lawyers to promote the rule of law and use it efficiently to solve problems related to their cases. I have conducted research on various topics to appropriately complete my assignment. This research has given my considerable theoretical knowledge on how to solve legal problems. I have gained considerable knowledge on how to differentiate between cases having similar facts. I learned that I can distinguish between two cases based on both facts of the case and policies used in solving the case. I gained knowledge that in order to effectively apply the doctrine of precedent it is very important to determine the facts of present case and compare it to the facts of the case whose precedent is likely to be applicable. I did not have any idea that distinction is so important in order to anticipate and critically analyze the outcome of the present case. I would allocate adequate time to fide out small and significant details which might be different as compare to the case whose precedent is to be applied. I will also analyze the relevancy of the different material facts as compared to the precedent. References Aldisert, Hon Ruggero J.Logic for Lawyers: A Guide to Clear Legal Thinking. LexisNexis, 2015. Berman, Greg, and John Feinblatt.Good courts: The case for problem-solving justice. Vol. 8. Quid Pro Books, 2015. Butt, Peter.Modern legal drafting: a guide to using clearer language. Cambridge University Press, 2013. Craig, Paul P. "Pringle: legal reasoning, text, purpose and teleology."Maastricht Journal of European and Comparative Law(2013). Douglas, James, Eleanor Atkins, and Hamish Clift. "Judicial Rulings with Prospective Effect in Australia."Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions. Springer International Publishing, 2015. 349-358. Gageler, Stephen, and Brendan Lim. "Collective irrationality and the doctrine of precedent."Melb. UL Rev.38 (2014): 525. Gibbons, John.Language and the Law. Routledge, 2014. Jarvis, Robert M. "Legal History: Teaching Skills Practicing Lawyers Need."Am. J. Legal Hist.53 (2013): 498. Levi, Edward H.An introduction to legal reasoning. University of Chicago Press, 2013. Lindsay, Geoff. "Building a Nation: The Doctrine of Precedent in Australian Legal History."Historical Foundations of Australian Law: Institutions, Concepts and Personalities(2013): 267. Sternberg, Robert J., and Peter A. Frensch.Complex problem solving: Principles and mechanisms. Psychology Press, 2014. Vines, Prue.Law and Justice in Australia: Foundations of the legal system. Oxford University Press, 2013.
Sunday, April 19, 2020
Maintaining Individuality in a Relationship
Individuality is the state of being independent, where one individual is separate from the other because they have their own needs, desires, and goals. Although some people try to maintain their individuality in a romantic relationship, others compromise and loose their sense.Advertising We will write a custom essay sample on Maintaining Individuality in a Relationship specifically for you for only $16.05 $11/page Learn More They forget to take care of their needs and concentrate on the relationship and tend to think that their partners will take care of their needs. This may create a break up in a relationship. People who are in love often struggle to impress each other and loose their individuality in the process. Some of them may feel good after the compromise while others feel suffocated by it. Carver and Scheier (2004) argue that there is a need to maintain individuality, especially when one feels suffocated after losing individuality. According to Giles (2000), it is always good to remember that a good relationship is one which you are not supposed to change yourself, but where you will grow together. Therefore, a person who is ready to accept you just as you are is a true partner and so, instead of striving to change your individuality try to accept the relationship. It is even possible to lose the interest of the other person after losing your own individuality. However, self-care and strong sense of self may make the relationship become strong and enhance sustainability and happiness. It is always good to enter into a relationship as a whole person with your preferences and boundaries because the other partner will always be attracted with your individuality and self of sense. When one starts to lose the sense of self, it is likely that the partner will loose interest. Brad (2007) says that when you loose a sense of self in a relationship, you are likely to start blaming your partner and the relationship as well. A person should try to maintain individuality in order to avoid self-blame in both personal and other things in life. It is always good to think positively in order to maintain individuality and also avoid getting obsessed with others and care for self. According to Solomonââ¬â¢s views, love lets lovers to redefine themselves in a relationship. He supports this point by arguing that romantic love is a concentration and an intense focus of shared definition on an individual. Solomon sees love as a plan for individualââ¬â¢s recreation for himself/herself and for the sake of the relationship. In essence, lovers combine their interests, virtues, role, and share the same identity without forgetting that each individual has a role in recognizing their identity (Halwani, 2010). However, Nozickââ¬â¢s theory does not recognize autonomy and individuality and he argues that both individualsââ¬â¢ identities are destroyed and they are ââ¬Ërebornââ¬â¢ to the world with the same senses to their partners.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More People should always be involved in mature and stable love, instead of the symbiotic type. The difference between mature and symbiotic love is that mature love is stable and involves two people who respect each other. Symbiotic love on the other hand is needy and dependent and stipulates that one person should rule over another. As a result, both partners loose integrity (Fisher, 2004). LaFollete (2000) argues that mature love enhances individualism between partners as opposed to symbiotic love, where there is fear of separation. Lewis, Amini, and Lennon (2000) conform that symbiotic relationship causes one person to give their major part to retain a successful relationship. However, the person who is driven by fear of being alone ends up sacrificing his or her identity to keep the relationship whole. These individuals make sure that t here are no conflicts in order to maintain the status quo, which leads to loss of independence. If one individual idolizes over the other, then he sacrifices himself for the sake of the other and ends up being under control of the partner. When there is no balance in power, the relationship becomes unproductive for both and it is likely to end. Despite the fact that many people know the consequence of ending a relationship, they are still willing to give up their individuality in order to avoid being alone. They are ready to give up what they need and who they are just for the sake of love. Moreover, individuals who lose their individualism when in a romantic love are unable to maintain a mature relationship. One should start with self-love to be able to love others because giving up individuality will bring anger, hatred and resentment at the end. When resentment comes in, the relationship starts deteriorating. Individuals need relationships that will bring in personal growth throu gh achievement of their dreams together with their partners. Individuals should also understand that when one is in a relationship, their life does not stop just because they are with another person (Wood, Ellen, and Boyd, 2005). In essence, a person has to maintain his/her own individuality and strive to achieve personal goals. This also means that you are is supposed to do the hobbies you used to have before you met as well as maintaining your self interests because if you give up on your interests you are likely to give up your life (Zimmer, 2008). One should always keep in mind that when he/she met the partner, they were first attracted as individuals and thus there is need to retain your individuality because that the reason why your partner was attracted to you. Maintaining otherââ¬â¢s individuality will build up a mature loving and healthy relationship (Halwani, 2010).Advertising We will write a custom essay sample on Maintaining Individuality in a Relationship specif ically for you for only $16.05 $11/page Learn More According to Sterba (2001), there are many ways of making a relationship work; one is by speaking your truth. It is not advisable for lovers to keep quite and hence they should communicate their feelings to each other. Each individual should own his/her feeling ââ¬â your partner needs to know when you are angry, disturbed or even when you are happy. Withholding your feelings to your partner will bring in more problems. You should not let your partner speak for you or allow him/her to guess what is on your mind. Instead, you are supposed to share them and in case your partner takes liberty with them, you should be able to stop him/her and let him know what you are going through. Lastly, a person is supposed to reconnect with other friends for joy or fun rather than letting your partner dictate on what to do. This may involve going out with a group of friends whom you used to go out with to do some activit ies or hobbies. Many relationships end because one person has surrendered to the other. Nevertheless, it is always good to love yourself first before loving another person. Giving up on all things that identify your individuality will make you lose your identity and you will not even be able to give into your relationship. Brad (2007) stresses that it is always good never to confuse flexibility with individuality when in a relationship: individuality is what makes people to be who they are. Flexibility is all about compromise and is necessary in a relationship through honest communication of each otherââ¬â¢s needs and feelings whenever you are together. However, compromising too much will lead to anger and resentment, which is likely to end the relationship. Individuals should avoid giving up too much in their relationships because it will haunt them later. The get-togethers and friends bashes you decide not to attend just because you do not want to leave your boyfriend or girlfr iend will make yourself left out since you have distanced yourself from your own friends. In conclusion, honest communication is good because partners are able to solve their problems and build a mature loving relationship. Nobody should give up on anything that brings out uniqueness in each individual. Loving partners should find a balance that they both need to build a long lasting relationship. In addition, it is always good to determine what is needed in life and take actions accordingly. This will help maintain individuality while also striving for personal happiness and contentment rather than trying hard to make a partner happy through sacrifice. Nevertheless, maintaining individuality right from the beginning of a relationship is healthy because it is one of the reasons for love.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More However, if an individual takes away these traits through compromise, then they become a different person to their partner rather than the one he/she started dating. Nevertheless, this does not mean that one is not supposed to compromise in some circumstances in their relationship; things keep on changing as the relationship grows just like life itself, but one should never despair. References Brad, H., 2007. Falling in love. Canada: Random Place. Carver, C. and Scheier, M., 2004. Perspectives on personality. 5th ed. Boston: Pearson. Fisher, H., 2004. Why we love. New York, NY: Henry Holt and Company LLC. Giles, L., 2000. A theory of love and sexual desire. Journal for the Theory of Social Behavior, 24 (4), 339ââ¬â357. Halwani, R., 2010. Philosophy of love, sex, and marriage: An introduction. New York: Routledge. LaFollete, H., 2000. Moral Psychology. In: The Blackwell Guide to Ethical Theory, Malden, MA: Blackwell Publishers. Lewis, T., Amini, F., and Lannon, R., 2000. A genera l theory of love. New York: Random House. Sterba, J.P., 2001. The moral self in the face of injustice. In: Social and Political Philosophy: Contemporary Perspectives, London: Routledge. pp. 45-67. Wood, S.E., Ellen, W., and Boyd, D., 2005. The world of psychology. 5th ed. New York: Pearson Education. Zimmer, C., 2008. Romance is an illusion. Time Magazine, [online] 17 Jan. Available at: http://content.time.com/time/magazine/article/0,9171,1704665,00.html . This essay on Maintaining Individuality in a Relationship was written and submitted by user Tristen F. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Saturday, March 14, 2020
Free Essays on Love Defined By Shakespeare
What is love? According to Merriam-Websterââ¬â¢s Dictionary, the most recent definition of love is a ââ¬Å"strong affection for another arising out of kinship or personal tiesâ⬠(Online). About four hundred years ago, William Shakespeare provided his readers with his very own definition of love through his wonderful comedy, Twelfth Night; Or What You Will. The unique relationships that the characters develop in this play rely heavily on ââ¬Å"the conflict between reason and emotion in matters of loveâ⬠(Cahn 675). Different styles of love illustrated in Twelfth Night; Or What You Will are built between the relationships of the characters involved in the love triangle: Orsino, Olivia, and Viola. In consideration of his love for Olivia, Orsino is not in love ââ¬Å"so much with a woman [as he is] with his own idea of loveâ⬠(Jenkins 77). This idea being his infatuation with himself paralleled with his attraction to Oliviaââ¬â¢s exaggeration of mourning her brotherââ¬â¢s death (Cahn 666). In Twelfth Night; Or What You Will, he imagines what will become of this love after receiving word from Valentine that Olivia will continue to lament her brotherââ¬â¢s death for seven years. Orsino asks, ââ¬Å"How will she love when the rich golden shaft Hath killed the flock of all affections elseâ⬠¦and filled Her sweet perfections with one self king!â⬠(I. i. 34-38). His anguished love for Olivia differs from his love for Viola, which grows while disguised as a man, Cesario. ââ¬Å"Whether he is aware or not, Orsino is falling in love with the young man in front of him (Cahn 668). After the revelation of Sebastianââ¬â¢s marriage to Olivia, Orsino says: Cesario, come- For so you shall be while you are a man; But when in other habits you are seen, Orsinoââ¬â¢s mistress, and his fancyââ¬â¢s queen. (V. i. 380-383). Now that he realizes that Cesario is really a woman, he can express his love for her freely. Orsinoââ¬â¢s love for Olivia was obsessive and... Free Essays on Love Defined By Shakespeare Free Essays on Love Defined By Shakespeare What is love? According to Merriam-Websterââ¬â¢s Dictionary, the most recent definition of love is a ââ¬Å"strong affection for another arising out of kinship or personal tiesâ⬠(Online). About four hundred years ago, William Shakespeare provided his readers with his very own definition of love through his wonderful comedy, Twelfth Night; Or What You Will. The unique relationships that the characters develop in this play rely heavily on ââ¬Å"the conflict between reason and emotion in matters of loveâ⬠(Cahn 675). Different styles of love illustrated in Twelfth Night; Or What You Will are built between the relationships of the characters involved in the love triangle: Orsino, Olivia, and Viola. In consideration of his love for Olivia, Orsino is not in love ââ¬Å"so much with a woman [as he is] with his own idea of loveâ⬠(Jenkins 77). This idea being his infatuation with himself paralleled with his attraction to Oliviaââ¬â¢s exaggeration of mourning her brotherââ¬â¢s death (Cahn 666). In Twelfth Night; Or What You Will, he imagines what will become of this love after receiving word from Valentine that Olivia will continue to lament her brotherââ¬â¢s death for seven years. Orsino asks, ââ¬Å"How will she love when the rich golden shaft Hath killed the flock of all affections elseâ⬠¦and filled Her sweet perfections with one self king!â⬠(I. i. 34-38). His anguished love for Olivia differs from his love for Viola, which grows while disguised as a man, Cesario. ââ¬Å"Whether he is aware or not, Orsino is falling in love with the young man in front of him (Cahn 668). After the revelation of Sebastianââ¬â¢s marriage to Olivia, Orsino says: Cesario, come- For so you shall be while you are a man; But when in other habits you are seen, Orsinoââ¬â¢s mistress, and his fancyââ¬â¢s queen. (V. i. 380-383). Now that he realizes that Cesario is really a woman, he can express his love for her freely. Orsinoââ¬â¢s love for Olivia was obsessive and...
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