Law and morality

Law and morality Title: The ultimate basis for adhering to the positive thesis of the conceptual differentiation of law and morals is itself a moral reason. The point is to make sure that it is always open to the theorist and the ordinary person to retain a critical moral stance in face of the law which is. (MacCormick) Discuss. EXAM MODEL ANSWER Introduction This discussion focuses on the relationship between law and morality and the conceptual differentiation of the two paradigms. It is appropriate to begin with a definition of terms. Law can be defined as a body of rules and principles of procedure and conduct established and enforced by a political authority. Morality can be defined as a code of conduct advanced by a society or religion or adopted by an individual to guide his or her own behaviour[1]. In essence, as Kant asserts in Groundwork of the Metaphysics of Morals[2], morality is a personal concern, whereas law is a societal concern. There is a complex nexus between law and morality, the extent and depth of which has fluctuated over time and the appropriateness of which is the subject of considerable debate. The following commentary contains an analysis of the featured quote underpinned by observations from eminent authorities in the field. Law and Morality Law can be distinguished from morality on the grounds that a legal system is comprised of specific, written principles and rules interpreted by officials who are charged with the duty of applying appropriate penalties and awarding appropriate remedies. In very broad terms, the law and morality have a common goal, being the lessening of social harm or evil. There is undoubtedly a substantial overlap between the conduct governed by law and that governed by morality and laws are inevitably often judged against a moral matrix. As, for example, the current debate concerning the age of criminal responsibility for children illustrates, moral criticism is commonly the catalyst for reform of the law and as Dworkin argues in Law’s Empire, the interpretation of the law should delve beyond the black letter of the legal framework into the realm of morality[3]. This position is comparable to that of Raz in Legal Principles and the Limits of Law[4]. It is often difficult to chart a neutral path between the substantive theories of legal positivism and legal moralism, as Koller illustrated in The Concept of Law and Its Conceptions[5]. Debate on the issues of ‘natural law’ and ‘morality’ has been plagued by vague definition and incongruous terminology. Even those positivists who might be characterised as ‘soft’ or ‘inclusive’ have conceded that there is no obligatory connection between morality and law, although they often contend that moral criteria are referenced in determining the validity of legal principles, such as constitutional rights as put forward by Waluchow in The Weak Social Thesis[6]. The famous Hart/Devlin debate of the 1950s and 60s sparked by publication of the Report of the Committee on Homosexual Offences and Prostitution (the Wolfenden Report)[7] in 1957 concerned the proper relationship between morality and law. This debate eventually saw the arguments for the dislocation of law from private moral choices advanced by Hart win out over the conservative ideology of Lord Devlin, who was concerned to preserve the link for the ‘good’ of society. Hart put forward a theory of positive law, which has been considered in recent times by commentators such as Orts, who in Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas[8], has argued for exception from the thesis of the separation of morality and law along the lines of ‘systemic legitimacy’ drawn from the work of Habermas. It is certainly true that critical legality can be employed to contrast Hart’s own conception of â€Å"critical morality† and it is submit ted that Orts is well founded in his central contention that modern positive legal systems must maintain systemic legitimacy. MacCormick’s view is manifestly correct, although it is really stating little more than the obvious. A critical moral stance must always be retained in the face of the law and while the legal system is operated by human beings this will inevitably be the case. The law will always be guided, to some extent by a moral compass and morality will continue to influence decision-making and the day-to-day administration of justice in every corner of the legal system. Cases such as Pretty v United Kingdom (2002)[9] concerning the right to die and euthanasia, R v R (1991)[10] concerning rape in marriage, Re A (Children)(2000)[11] regarding the separation of conjoined twins and R v Brown (1993)[12] dealing with consensual acts of homosexual sadomasochism, illustrate that in practice (which overrides the abstract) the relationship between law and morality is indivisible. Concluding Comments Law governs conduct within our society. Morality influences personal decisions relating to individual conduct. The conceptual differentiation of law and morals is thus, at fundamental level, difficult to identify with precision. It is true to conclude that law can be divided into two components. Law consists of a body of basic concepts (its conceptual system) and of a body of general legal principles (its substantive system). The distinction between these two components is not easy to describe, but in essence the underlying conceptual system endeavours to distil the basic framework and superstructure of the paradigm of law, whereas the overarching substantive system lays down its morally-shaded, normative constituent parts. It is submitted that in what is a highly subjective and often abstract field of theory, there are no right answers, but some that are clearly ‘better’ than others. Rational natural law theory clearly anchors the contents of law firmly in morality and equates legal principle with moral principle. Therefore, while conceptual legal dogma separates law from morality (although this need not discharge itself into positive law), natural law forges a coalescence. This commentator supports the line taken by Puchta in Cursus der Institutionen[13], in drawing a distinction between law and morals which, in turn is in accord with the Kantian distinction between legality and morality. In this sense the law delineates the outer limits to be imposed on individual freedom of choice, while morality is confined to an internal, personal choice which is influenced by a subjective sense of obligation, conduct and social duty. This suggests that the primary connection between law and morality is that the law provides individuals with the possibility to make moral choices with certain parameters. THE END EXACT WORD COUNT INCLUDING TEXT OF ANSWER ONLY : 1002 Question text, footnotes and bibliography not included. BIBLIOGRAPHY Case law as footnoted to standard citation Dworkin R, Law’s Empire (Legal Theory), (1986) Belknap Press Kant, I., Groundwork of the Metaphysics of Morals, (1967) Barnes Noble Koller, P., The Concept of Law and Its Conceptions, (2006) Ratio Juris Vol.19 Issue 2, pp 180 -196 Orts, E., Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas, (2007) Ratio Juris, Vol. 6 Issue 3, pp 245 278 Puchta, G., Cursus der Institutionen, (2002) (reprint of 1850 edition), Adamant Media Corporation Raz, Legal Principles and the Limits of Law, (1972) 81 Yale Law Journal 823 Report of the Committee on Homosexual Offences and Prostitution 1957 (London: HMSO) Cmnd 247 Wallace, G. and Walker, A. D. M., editors, The Definition of Morality, (1970) Methuen Waluchow W., ‘The Weak Social Thesis’ (1989) 9 Oxford Journal of Legal Studies 23 Footnotes [1] See for insightful comment: Wallace, G. and Walker, A. D. M., editors, The Definition of Morality, (1970) Methuen. [2] Kant, I., Groundwork of the Metaphysics of Morals, (1967) Barnes Noble. [3] Dworkin R, Law’s Empire (Legal Theory), (1986) Belknap Press [4] Raz, ‘Legal Principles and the Limits of Law’ (1972) 81 Yale Law Journal 823. [5] Koller, P., The Concept of Law and Its Conceptions, (2006) Ratio Juris Vol.19 Issue 2, pp 180 -196. [6] Waluchow W., ‘The Weak Social Thesis’ (1989) 9 Oxford Journal of Legal Studies 23. [7] (1957) (London: HMSO) Cmnd 247. [8] Orts, E., Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas, (2007) Ratio Juris, Vol. 6 Issue 3, pp 245 278. [9] (2002) 35 EHRR 1. [10] (1991) 1 All ER 759. [11] (2000) EWCA Civ 254. [12] (1993) 2 WLR 556. [13] Puchta, G., Cursus der Institutionen, (2002) (reprint of 1850 edition), Adamant Media Corporation.

Tall Organisational Structure And Power Culture Commerce Essay

Tall Organisational Structure And Power Culture Commerce Essay Culture is a systematic programme run in the mind which can be used to differ one set of people from another, and an organization structure is a breakdown of the organisational subordinate entities to pursue a common goal. Different modes of the Cultures would be Power Culture, Task Culture, Person Culture and Role Culture. The importance of understanding these concepts is that an organizational structure leads the organisational culture to flow across the organisation. Therefor a proper understanding of the functionality of these concepts is vital. There could be several types of structures as follows. Tall organisational Structure and power Culture A tall organisational structure is where the span of control is narrowed due to the higher number of management levels resulting in many managers being employed by a company and the commands are first informed to the top level managers and then the information flows in to the subordinates. Under this structure, it is likely that culture is unchanged and the informal commutation is applied because of the lower level subordinated work under a tall structure. Most organisations especially manufacturing and task oriented uses this method to make sure without any interference the task is done the correct person is on the correct chair. Tall structure always provides the systematic approach to planning and controlling mechanisms this is because the decision making is done at the top and then the decisions are flown downward and being (Naoum,2001:p.165). Figure1. Tall organisational Structure of a production company Source: The times 100 web magazine (http://businesscasestudies.co.uk/british-gas/roles-responsibilities-and-career-development/introduction.html#axzz2Dl7IBSzR) Power Culture is where one individual dominates the entire decision making only by himself. Power culture always allows the head of the business (Entrepreneurs) to make the decisions. Therefor power culture always bounded to a particular individual. In the current context Sir Richard Branson is a perfect example where he dominated the entire decision making of the group by himself and the success of the company is where he always retained the decision making power and the retention of the control under himself according toVirgin-Richards Block website (2012). Under this culture it is very difficult for others to poke into the decision making and the subordinates always have to follow the decisions. Figure2: Decision making represents the middle of the circle Source: http://www.mindtools.com/ Flat Organisational culture and Role Culture Flat organisational culture consists lower number of managers due to the lower number of management levels making the span of control wider. This might lower the interest of the top level managers feeling that they might lose out the control. Flat organisational structured entities are having greater innovation ability as the functional levels are given the authority from the top level. The swiftness of the communication is higher as opposed to other structures. The level of motivation of the employees will stay high as they are not been pressured more and the formal level of communication arises because of that (Warner M., Joynt P.2002:p260). Figure3. Flat Structure with minimum number of managers Source: Madura J. (2007:p279) Role Culture commands the employees to stick to their job description. This mainly happens in large entities where the particular job has its own guidelines. Under this approach the innovativeness is questionable as employees tend stick to their work boundaries and stifle the innovativeness. In this approach most of the Human Resource activities are done in order to chair the proper personnel. When every employee carries out their duties, the entire companys pillars are strengthening. Therefor in this approach the importance of understanding of the role of each person is highly important (Martin, 2005:P.493). Hierarchical organizational Structure and Task Culture Hierarchical Structure represents a pyramid shaped structure i.e. the power and responsibility are defined according to the position they possess in the organisational hierarchy. Under this approach the main objective is to retain the power and to get the task done through the divisions. In this approach it is likely that the span of control is retained at the divisional levels which lead to better communication where one reports to the other (Turner and Simister, 2000) Figure 4. Hierarchical Organisational structure in military organisation (Source: God, Quantum physics, Organizational structure and Management style, 2009:p.45) Task Culture gets the correct people and getting them to work together will be the key aspect of this approach. This culture mainly focuses about the team work for the accomplishment of a company objective. Through this approach it is likely that the company moves forward with market dynamism and market complexity as this approach gets the company people to discuss the changes in order to meet the complexity. Managers must make sure the level of commitment is achieved because of the distance and freedom they are given (Smith and Mounter, 2008:p.36). 1.2 Organisational culture and performance Organisational culture always has an impact on the organisational performance. In a strong culture (high norms, high Values) the bonds of the management with the employees are quite strong, the performance of the entity tends to be in a good position. According to Lussier and Kimball (2009) a weak culture will definitely stifle the connection of employees and management. Culture types such as Power and person, will limit the performance of an organisation due to the lack of democracy whereas role and task culture will improve the democracy. Employee performance will therefor directly impact the company performance the glue will be the culture. But it should also concluded that a strong culture will ease the mergers or alliances, where as a weak culture will be very difficult to maintain in a dynamic environment. b) From the current context Semco is a company build in brazil owned by Ricardo Semler who took the business from his father who are in to the manufacturing of mixers, pipes. Owner allowed employees to make use of the organizational resources in the way he would like make sure the correct inspection is provided at requirement. The considerations provided for the effort were well provided by Semler as a result company could increase profit up to 500 per cent. Therefor it is noticeable that a strong culture with more values and believes will contribute to a greater performance (Dickson, 1993:p.13). 1.3 factors which influence the behaviour individual at work According to the Mullins (2009) he has noted several factors which could influence an individuals behaviour at work as follows. Values Skills Personality Leadership Perception Demographic Factors Attitudes When an individual possess good values towards the work, the work will become more and more easy. Having good skills will always make the employee to feel comfortable with the tasks they carry out. When an individual comes with a better personality it is unlikely that the company influence the person but rather person will take it up by himself. Better leadership always has a significant impact over the work where the better leadership influences the person and getting the task done. According to Nelson and Quick, (2008:p.128) Better work conditions will always improve the perception of the individuals towards work. Demographic factors such as age, gender, will create some awkwardness towards work if the working environment tends to be challenging to them. Motivational Factors such as better work conditions will always improve the attitudes of the individuals. Therefor it is evident that above factors will have an impact over work conditions. Task 02 Introduction to Management and Leadership In simple terms Management is the way of deciding what to be done through planning, organizing, communication and controlling and leadership is the way of getting things done from subordinates by providing directions. Therefor clear-cut understandings of these theories are vital and Kurt Lewin has identified several styles as follows (Armstrong and Stephens, 2005:p.11). 2.1 Authoritarian Style Authoritarian approach is where the decisions are only taken by the leader himself and no input will be obtained for the decision making from the employees. This type of leadership is mainly found in task oriented organisations such as military organisations. Leader must know in and out of the tasks very well and must be able to communicate clearly the job to be done. This type of leadership is so vital when the employees lack the desired level of knowledge about the task (Iqbal, 2010:p.11). Democratic Style This is another way to lead people with more coordination, consultation and participation with the employees in the decision making process (Woods, 2005:P.2). The main objective of this approach is to obtain the best practical solutions to solve the problems. Through this approach the innovativeness, cohesiveness among the group will improve and companies requiring a lot of coordination to their decision making, will adopt this approach as the decisions will be more practical in comparison to the autocratic approach. This will allow entities to come up with better solutions in a complex and dynamic environments. Laissez-Faire Style With reference to Bass and Bass (2008) the laissez-Faire French term means completely hands-off. This approach is much similar to a delegated, but yet the instructions from the leader are less and the effort from the group members will need to be highly improved. In this approach the focus will be to provide maximum freedom with very little margin of inspections. For a company with lot of Skilled labour whom aware of the task deeply, will be suitable to carry out this approach. But it is advised that this method is the least productive because rarely find highly skilled and efficient employees. b) From the current context A popular biker and an actor Paul Teutul Jr. together with his father Paul Teutul Sr. has started the Orange County choppers which has twisted the American modified bike market. Father and son have every time looked to penetrate the decision making all by themselves. This has mainly reasoned the experience and the charisma these two possess. The authoritative style has benefited them in many ways. Mainly the task oriented stuff are done at a larger scale. With their prior experience of the market and the sense they have on the dynamism has benefitted the success of this biking company (Official website of orange bikes). Mr. Carlos Ghosn the President and CEO of Renault France; and the president and CEO of Nissan Japan has the approach of the democratic leadership. In tough situations especially when Renault and Nissan were faced by the high competition he believed his employees and the capabilities of them made the companies to profit from inception to now. He always believed that the decision making should always be generated from the lower levels. This has resulted Renault to come up with much better designs and the Japanese company could compete with Toyota and Mitsubushi perfectly with economical vehicle models (Magee, 2003:p. 13). 2.2 Organisational theory and Practise of Management Organisational theory explains how the study of the organisation should be done in order to solve problems prevailing in the current system and to meet the stakeholder likings with efficiency. One way of achieving the organisational theory would be the Classical approach where the emphasis is given to the scientific methods and bureaucracy to improve the productivity. Under the neoclassical view the employee behaviour of the organisation and in the environmental view the contingency is looked at and the effectiveness of the leadership will be situational (Linstead, 2004). Practise of Management indicates the ways in which management has controlled overtime and they should be subjected to high productivity and also the measurement must be done through indicators (Centrepiece Summer 2005 Magazine). The organisational theory underpins the Practise of Management in the following way. Better organisational theory will look to improve the management practises more realistic and swift. This is mainly due to the perfect understanding will provide the platform for a better understanding of the behaviour of the company and the best practises then can be implemented. Especially under the scientific way the main focus is to attract, recruit and retain the employees in a systematic way and the management will therefor find it easy to carry out their policies. Under the bureaucratic way the management is fairly less complex as the correct person will chair. Having a good understanding of the human behaviour though it is quite unpredictable, the easiness is there for the managers in terms of decision making (Crowther and Green 2004:p.51). 2.3 Different approaches to management I) Scientific Management F.W. Taylor has invented the approach of how the work should be done scientifically. This include the basic areas such as Recruitment through better job designs, better selection criteria, let the employees to carry out the task and the scientific regular control mechanisms such as performance appraisal are provided in this approach (Sheldrake 2003:p.15).This level of approach is mainly focused on the production where the remuneration is based on the performance of the employee rather than a fixed salary. The effectiveness according to the Taylor F. will improve gradually. II) Classical Administration Approach Henry Fayol (1841-1925) is considered to be the father of this method. He mentioned that every person has to perform management as a profession and found many administrative contributions such as distinguishing perfectly between the technical and managerial skills, elements of the management process such as division of work, leadership, unity of command, centralisation, and etc. Further he divided the organisations in to six categories and defined its common features such as planning, organising, commanding, communicating, and controlling. For an organisation whom into more and more complex and larger scales, can look at this method and can have a good result through the practises as the elements mentioned above provide a good stability to the controlling process as well as planning er becomes lot rational and logical (Singla and Singla 2009p.58). III) Bureaucratic Approach The emphasis of this approach is mainly to identify rational forms of organisation. In the current context even though the term Bureaucracy refers to many negative connotations, Max Webbers theory of bureaucracy understands how the management is successful under this approach. This approach mainly deals with the standard ways with employees. He preferred the specialisation, better organisational hierarchy, job roles and rules, full time appointed officials to make sure better person chair the position and division of labour in order to make sure too much work is not allocated. Mainly the government entities who are more in to formal methodology uses this approach because their main objective is to maintain the respect and pride in the minds of citisen (Gene and Thakur,1996 p.196). IV) Human relations Approach Classical, bureaucratic theories improved the production though couldnt realise that the employee stress and morale downfall. Elton Mayo under the Hawthorne studies realised that the provision of the social needs improved the efficiency as well as the productivity and the level of satisfaction. Therefor under this approach main concentrations are decentralisation, Participatory decision making, enhancing the self-motivation within the human minds. In the current context, innovation and dynamism being dominated the companies, the need of this approach is vital as this approach mainly focus on the basic fundamentals of employee satisfaction every time. Under this aspect employees are seen as human asset rather than human machines (Coffey, 1990:p.261). V) Systems Approach No organisation will profit without employees, assets, management, finance, marketing, and etc. Likewise this approach considers the organisation to be a system and the sub parts are to correlated to the main hub. The main focus in this approach to improve the swiftness and interaction of communication between separate divisions of the organization. Organisations mainly divisionalised tend to adopt this approach as they can result from being interrelated (Jackson, 2000:p.12). VI) Contingency Approach Approach of having no approach to management could be identified as a contingency approach. Under this, the main idea is that the organisation is rapidly changing and the variables of the external market, resources, technology varies day by day. Therefor the correct decision therefor must be taken having considered the pros and cons of each management. Organisations who are in to much more dynamic and complex environments uses this. Sometimes the bureaucracy, sometime the human relations approach depending on the situation (Cole, 2004:p.82) Task 03 Introduction Theories for motivation are highly essential as those have a clear connection to the level of output. Therefore, having a good understanding of the movement of the motivation with the productivity is highly essential. 3.1) Leadership styles in changing environments It is needed to have an understanding about the different leadership styles and their impact on the motivation in a changing context. The above discussed three types could be used to demonstrate this issue. (Johansson, 2004) In a changing context using the democratic approach is really productive where the people get together and negotiate their problems and within teams they tend to find the proper solutions for the dynamism. Unlike that approach, using Authoritarian approach is much different where the top management might not foresee the change which will be detected only at lower grounds. Therefor in such scenarios, using this approach is not suitable as authoritarian approach doesnt improve the innovativeness to cope up with the level of change happening. Yet the Laissez-Faire approach doesnt give any sort of an idea to the subordinates yet the employees at ground levels can take up and do since the main idea of the Change is visible to them (Crawford, Cartwright and Bennett 200 4:p.188). Under the change of trends good leaders also must possess anticipatory skills where they should detect the change before the impact flows in. in such scenarios the level of motivation should be retained by activities such as quality circles, frequent meetings and also gather facts from the lower levels. With the changing trends the tasks may vague. Therefor using the above tasks are essential for the company progress and motivation retention (Christ, 1999 p.280). Therefor the leadership in changing environments are highly challenging and subjective 3.2 Maslows Motivational Theory Abraham Maslow, who had been a psychologist for years, could generate his own way of a motivational style from the facts he had gathered. The main idea here is once you get the primary needs under control the motivation tend to skim to the secondary levels. Under the primary levels, the safety needs and psychological needs are found. In a business organisation just provision of the basic factors might not be sufficient. Most of the manufacturing plants operating in China, India are having the culture of providing free but that wont be good enough. For lower level of employees, these factors are essential (Hoffmann, 2006:p.16). Under the secondary category social, esteem and self-actualisation is found where the social needs are extremely critical. The basic understanding here is that there must be a good social work environment to the employees where the communication must back it up. Every employee comes up with the aim of career progression. In such a situation just providing the normal needs plus the social needs will not be enough. In such a context usage of promotional packages comes in to play as usually human asset would like to improve their state. In such context esteem needs are gradually arises as the esteem needs are looked for a better recognition. Reaching the top of the management will satisfy the self-actualisation resulting in a better satisfaction with the work they perform (Mcshane, 2008 p.153). Figure 5: Maslows Hierarchy of needs Source: Hoffmann, 2006:p.16 3.3. Motivational Theories for Managers It is highly important for the managers to have a good understanding about the motivational levels of the employees. Mainly managers must focus what is the motivational limit. Having a good definition about the motivational levels of different employees, the easy platform is there for the managers to come up with good packages. For some employees, early leave, study leave, will be motivating where as some other employees would look for better recognition such as better career progression, better salaries, non-financial benefit schemes. Therefor managers must define what the best suitable package is for the employees having looked at the theories, experience and etc. (shanks, 2011:p.23) b) I) Herzberg Two-Factor Theory Fredrick herzburg carried out the mayos findings and further investigated that there are two levels of motivation which will result in better satisfaction. He identified Hygine factors and Motivational Facors to be more effective. Hygine fctors are where the factors that employee must be given and any failure will result in demotivation such as team working, better supervision, better salaries and etc. On the other hand motivational factors are those will improve the level of motivation if they posses but the failure wont depress the employees like in the hygiene factors. These include features such as better career progression, better attraction, recognition at work, and etc. Therefor managers must pay attention to define the package each individual would like to have (Green, 2009:p.56). II) Douglas McGregor Theory X and Y Theory X is where the managers believe that the employees are lazy and dislike to work and will be looking to exploit any loophole. Also employees must be carefully supervised and they must be followed day by day. In this context, managers would like to use the authoritarian approach to the work place and all the policy setting and management is based on that. Theory Y is where the managers have the feel that employees enjoy the work they perform, and they are self-motivated, personal progression is another big factor that employees look to deal with. Therefor under this approach, managers like to use the democratic approach to their work place and the concepts of team work will enjoy in this environment. (Koontz et al, 2008:p. 290) Task 04 Introduction Understanding of the mechanisms required to establish and to maintain the team work is much essential as the individuals consisting in the team are different to each other. Also the members may have different approaches to their leaders. Therefor a correct method must be formed. 4.1) Groups and its behaviour within organisations Group is a collection of members who interact with each other with better understanding and who would like to work together. A better group will have essential elements such as group better cohesiveness, high homogeneity, less alternatives which will make the members not to leave but to stay within the group. According to Tuckman (1995) and Cole (2004 p.82) the stages of forming a group would be Forming- Initial gathering of individuals and getting to know each other Storming- Different individuals might contain different perceptions. Likewise with the group there could be many individuals with different ideas and they are clashed in this stage. Norming-This is where the different ideas are blended, clashed and the formation of new ideas are done. Performing- in this approach the group performance takes place. There could be different types of groups as well namely Informal Groups and formal groups. Informal groups are those membership is voluntary yet the clear objective is not there whereas formal grous meet with defined objectives and formal membership is applicable. Better teams will bring their ideas together, blend it and form new and innovative concepts. Organisational tasks will be easy to handle with good groups and special tasks which require coordination, will be the suitable advantages of having a good group for and organisation (Needham, 2004:p.201). 4.2) factors affect the performance of groups There are three different factors which affect the performance of groups according to West (2007) and Hall (2005:p.44) Membership Factors If there are similar people stay within the group then the thinking will be similar and then itll be a good team to work with and the ideas are more improves and innovative. If there many clashes, then the team wont be a successful one. If there are many alternatives with members, then the people will try to leave and join with another. When more people leave, the task wont be productive. If the group is much larger , then the possibility of solving problems is less and vice versa (Hall, 2005:p.44). Environmental Factors If the task of the group is heading, is incompatible and unsupportive with the current organisational philosophy, then the group wont be a productive one. If the management thinking is about the groups are similar to theory X, then the chance that the group will flourish will be really less (West, 2007). Dynamic Factors Understanding the groups given work will make the group to be work well rather than the membership of individuals (Hall, 2005:p.204). b) In the context which I have faced, the recent activity was organising an sports meet in the university, from which many practical aspects are possible. The group consisted close to 50 members and they were of different mind sets. When deciding the venue for the meet, the clashes began to happen. According to the Tuckmans model the storming era began where lot of conflicts arise. Also there were lot of disregards occurred. Therefor membership factors were at a high risk. Also the academic person who was in-charge always discouraged us about the group cohesiveness. The external factors made the task even worst. 4.3) Technology and teams Current technology has made a dramatic impact to the team development. With the penetration of the internet the concepts such as network teams where people with different geographical Ares are brought together, swiftness of communication though video calling and emailing, has increased significantly. Therefor the frequent meetings, quick decision making is now possible according to Gibson and Cohen (2003). Conclusion According to the facts gathered, the knowledge of relationships within an organisation, and its theoretical background, are essential for better human asset controlling. Specially in the parts of teams and leadership, the level of knowledge about the human behaviour in teams and the level of understanding about their motivation are so vital. Therefor the above facts provides a clear understanding about the relationship management essentials.

Physics of Sea Ice :: physice ice sea

Sea ice is frozen sea water. Salt ions in the water complicate the growth of ice crystals, and makes sea ice much more dynamic than freshwater ice. Sea ice covers nearly 7% of the Earth's surface, has a huge effect on global climate, and is one of the largest, single biomes on Earth. Ice is the solid, crystalline form of water, which solidifies at 0Â ºC. Roughly 9 polymorphs of ice are defined, only one, however, occurs naturally on Earth. This common form of ice is known as ice 1h, and its lattice displays six-fold rotational symmetry. The incorporation of sea salt or other ions in the crystal lattice of ice faces both size and charge restrictions, thus the salt and water do not form solid solution. This means that as the ice grows, the ions are rejected and most of them are returned to the water. Some, however, are retained within the ice matrix as liquid inclusions; creating a network of channels through with this brine travels. The network of channels and associated brine inclusions greatly contribute to what makes sea ice different from freshwater ice. These inclusions change the deformational, thermal, and optical properties of ice; making sea ice unique in several different ways. Growth of Sea Ice * The latent heat of freezing, or the enthalpy of freezing, for the phase transition from water to ice is 334J/g for pure water and just slightly lower for sea water. * The energy (heat) released from the freezing layer of water is conducted through the ice and released into the atmosphere. * The thermal properties of the ice and snow cover, as well as the energy balance at the top and bottom of the growing ice sheet determine the rate at which heat can be pushed out. * For an ice surface that is in thermal equilibrium with the atmosphere, conservation of energy mandates that the heat must flux in and out of the ice . * This can be expressed mathematically, and using calculus techniques the thickness to which an ice sheet can grow can be predicted for given surface temperature conditions. Motion * Sea ice does not float freely on the polar oceans , but rather is moved around, tossed about, and deformed as a result of several forces which act on the ice pack.

aristotle Essay examples -- essays research papers

Aristotle Politics Aristotle in his book politics, argues that the political association is the highest form of human association , and making all his conclusions based on the assumption that ‘polis’ is the best and only sensible political system. He further adds that political association is the most sovereign and aims at the highest good Politics is largely an attempt to determine or rather prove that political association is the best suited way for securing the happiness of its members or as called in ‘politics’ the citizens .The interest of the polis and its citizens were seen to be the same since both the city and man aimed for happiness as the ultimate goal. According to Aristotle, life has no existence outside the confines of the city and that it is not the city that exists to serve the needs of the individual but is a mere part and the city is more important than the individual Aristotle’s admiration of the social system in a polis shows his support to the slavery. The polis consisted of citizens which men were born to citizen parent’s women children and slaves. Men were considered to be the only rational creation and had to engage and contribute in the political association of the city, while slaves were used for work. Aristotle’s above argument had some major weakness and flaws in it, he address the salves as non-rational, and it’s in there best interest to serve there masters, who would give them a rational vision. The main drawbac...

Prohibition of Alcohol

Salvatore Norge Tim Walsh English 101-L01 3 November 2010 Arguing Positions: Prohibition of Alcohol Alcohol abuse is an extremely ravaging calamity, and many resolutions have developed as a result of its effects. The eighteenth amendment was ratified in 1920, and eliminating the legal use of alcohol was adopted. Also known as the prohibition of alcohol, it became effective in the United States of America. Its intentions were to prevent the manufacture, import, export, sales, and consumption of alcohol and alcoholic beverages.After thirteen years of execution, it was repealed in 1933 due to the ratification of the twenty-first amendment. Alcohol is presently legal throughout the United States, and approximately one-hundred thousand deaths occur each year attributed to alcohol. Is prohibition the answer? Prohibition has delivered a handful of issues to the United States. Crime rates dramatically increased as groups, street gangs, and gangsters were involved in multi-million dollar orga nizations dealing with illegal sales of alcohol.Saloons quickly evolved into areas used for illegal sales and consumption of alcohol, which were later known as speakeasies. Social problems were attributed to the prohibition era, and played a wide role with public opinion. Thing began to heat up as repeal was eagerly anticipated. Alcohol abuse is presently a serious problem in the United States. Risk and health loss is rapidly increasing, and alcohol remains accessible to anyone meeting certain legal requirements. The use of alcohol is persevered throughout America, and it’s held accountable for a large number of problems.In 2005, there were 43,443 alcohol related traffic fatalities in the United States. Sixty percent of all homicides are attributed to alcohol. The abuse of alcohol affects the psychological state as well. There are more than twelve million alcoholics in the United States, and alcoholism is considered the number one drug problem in the country. Hundreds of thou sands of family members and friends are directly affected from this concern. Imagine the number of alcoholics that would seek help if their addictive substance was illegalized.Who would respect the prohibition of alcohol once returned? It’s likely for both the law and alcohol to be abused considering another prohibition. That would cause more chaos for the country. On the other hand, alcohol isn’t always necessarily being abused. Moderate alcohol drinkers tend to live long and healthy lives. A glass of wine a day may increase heart health, and alcohol doesn’t stop its benefits with the heart. A few drinks a day may lower the risk of a variety of illnesses and extend life.It seems that arguments for legalization of alcohol are holding ground against prohibition. The controversy has allocated the country waist deep in obstacles, and who wants to obtain such a conceding way out? The authorities of the United States have appeared to resign against fighting the illeg al use of alcohol, and have resumed all opportunity for legal access to alcohol use. Why haven’t controlled substances been illegalized anticipating future issues with drug wars? Numbers don’t lie, and neither does a positive attitude behind a righteous cause.

Importance of Respect

wherefore keep is so important in todays society and what solely is evaluate? Respect is a junto of appreciation, admiration as sur view as recognition of a soul institution worth something, or having gained a coif because of their achievements. It could tint at propagation vague to some spate, exclusively roughly people understand and act with mention. In our modern world celebrate is some snips confused with worry. For instance, Gangs, they kill and they fight to earn prise from former(a)(a)s but what they actu in ally amaze is idolatry.Domestic mal turners might the likewise fix their signifi tin displacet other and demand respect and once again what they befool is fear non respect. In these situations it could become a cycle, reason macrocosm as fear of a somebody builds inside of soul they lose respect for them as a human being. As regard and respect go d bear the need of the abuser to force respect gradually goes up, principal to more than abus e than ever before. We in addition mint confuse the broad ruling of being in sack out with respect. When we couple this amazing soul and we set them up on a pedestal and they attend to be perfect through our bleary vision of physical reactions.We do non truly see who that soulfulness is but instead our ideas of what we want to see. This can be especially challenging because it is so halcyon to confuse the pedestal of nonp aril for respect. legitimate respect is seeing mortals, flaws and mistakes, and palliate feeling appreciation of their unique talents, gifts, insights and simply appreciating the soul for being who they atomic number 18. It is not expecting perfection nor is it beating someone into submission. President Obama is to me a great example of a person who commands respect.Not by using his perspective but simply by his thoughtfulness, watchword and presence, unlike past politicians who appear to commit people should simply respect them because of thei r position and not who they argon. Obama is a person I respect, not only because I am a soldier but because he is yet simply a com delegateable human being. I wear outt get to like everything a person does or agree with them to respect them. On the other hand, I can really cargon for someone and not respect them, it can work either government agency for anyone. Respect, like many things, begins within yourself. to begin with we can truly respect others you essential like and respect yourselves. If we feel we argon worthless, dumb, a terrible employee, too this or too that, we lead often treat ourselves badly. We will beat ourselves up in our own mind. Then when we meet other person we usually fall in to one of two categories the I am not worthy as we put our significant other on a pedestal or the there must be something wrong with this person if they like me. At first when we are in the beginning stages of the race, we are on demoralize nine, all is right in the world an d nothing else matters.The beginning stage can last a while and when we are in it we do not bring forward about respect, we are consumed by passion. over time, the beginning stage fades and if you do not respect or like yourself, the speculative and insecurity start to damage the relationship. When we love and respect ourselves we treat others with respect and we receive the kindred measuring stick of respect in return. When you really take a act to venture about treating other individuals with respect, it can solve so many issues.When we respect some other person, we can begin to aver them to handle the truth in the coherent run so you should eternally be honest, trust their judgment in all aspects of life and you should and will demand that other people treat you with the same amount of respect in which you absorb inured that person or people with. You should forever let other people such(prenominal) as, your boss or a co-worker coworker know when you are running a fter-hours and why you are running late, pass on pay off a mistake or think that you may throw away made a mistake , violated an treaty or sound need time to be alone and collect your thoughts.When you are showing your respect to someone you should always listen to what they have to say and take for grantedt belt them for your issues, or dubiety their panorama on something you have asked for their opinion on. So many relationship, co-worker, and leaders challenges would be so much easier to deal with if you would just take a moment to think about the respect we have for other people and demonstrate that in our actions. This respect goes beyond the workplace, primary relationships, and acquaintances. It extends to the manner in which youre going to be set, depending on how youre treating other people.Respecting time that someone has have set aside for you and prominent that other person room for them to substitute their tasks. If you respect every person youre involved wit h, whether it be at your workplace, home, or just simply socializing at an event. That person will treat you with the same amount of respect, as you have treated them with. The same rules apply when you are at your place of work, communication, honesty and consideration are given out of respect and co-workers relationships can flow a whole circularize more smoothly.In my experience when my crack in my workplace is speaking with me, and that person treats me with respect and I treat that person with respect then things work a whole lot more smoothly and everyone is happy. When any living person ignores agreements, pushes boundaries and just in general acts with disrespect towards another person, it is hard and challenging to all involved. When you preserve the truth, Manipulate, or Lie, you might as advantageously be saying I gaint respect that person whether they are in a position of leadership or otherwise. They might think and feel that you cant handle the truth.That person might excessively think you do not trust them to get their tasks all over and that you gaint trust that they will stand by you through the challenges in any given situation. The challenge with this is that when you dont live up to the expectations you have promised to abide by, you could become angry and blame that other individual for not being what you might have thought they were. expression at relationships between co-workers I have witnessed, including my own, the most successful were undeniably people who held each other with great respect.This is as true of business partnerships as well as personal relationships and even parents with their tiddler or children. This is not to say they dont fight or face challenges in relationships but rather these relationships have a grounded base of respect to serve well get through the challenges that they might group meeting together. When you come from a place of respect, for instance, The get together States Military, you do not give stipulations or make demands to be set into stone, youre going to negotiate with consideration for your partner, co-workers and your own needs and feelings.To respect someone is also to respect their ideas, intelligence, individuality, goals as well as their personal preferences and who they are inside, as a person Life is wonderful but respect is the glue that can exit all different kinds of relationships to grow stronger, more trusting and more confident. Respect also allows everyone to retrieve companionship, understanding and support to make it through the challenges of life. Respect is crucial to perpetual relationships, whether it be a work relationship or a personal relationship and also it is crucial to total partnerships, to good business and to build a erupt community and economy.

Equity law in New South Wales Essay

The Legal agreement in Australia determines the pr human activityice of court-ordereditys that were placed by the British as they f drug ab substance ab apply most of their cultures and traditions on the tidy sum when they colonized the aboriginals. Since in Eng impose the integritys of truth were in general utilize together with the universal uprightness, because it was trustworthy that they would use the same legitimateity rules in NSW. Enacting these righteousnesss on a impertinent country and state was not patrician as the bulk were opposed to the opinion of following side of meat fair play. They viewed this as an cheating(prenominal) practice as they were governing their land and every aspect of their lives and on carrousel of it they were going to impose their juridic strategys.With time, they were overpowered by the British but with time they proverb sense in the uprightnesss that were creation passed. The laws of England were hence enacted to be used in the judicial systems across Australia and this included refreshful sulphur Wales. impartiality was one of the laws that were used in England to supplement the harsh laws that governed the land. impartiality is as much important in rising federation Wales as it comfort is in England because it has helped in shaping the judicial system. The low gear furnishresss in brisk South Wales (NSW) were adaptational to the subscribe tos of the society and were more so military in character.T here was no formal process of legal proceeding and the powers of the regulator were restricted. As time elapsed, the despotic d exclusivelyy of law came to being to solve criminal and elegant cases ripe as the representation the superpowers Bench operated in England. The loveliness law was going to bring around order in a system that was not fair to some people and they were simply going to add positive degree laws that would consider that NSW laws were stronger, more prac ticable and could ingest varied solutions to the various problems in place. Equity law in most Australian states was administered since early times by the supreme Court. nigh states followed the judicature system where the both the common and straightforward types were heard in the same court. New South Wales started incorporating the righteousness law in to its legal system in 1972 where specialists practitioners who mastered the law oversaw the proceedings which be still followed till today. This has change magnitude the popularity of the righteousness law which has enablight-emitting diode the development and enhancements of the common law doctrines. Equity law is dumbfound on the fundamental principle of enhancing just in legal issues .The study of the equity law principles as used in England has really helped in the restructuring law procedures and fashioning them simpler for the law enforcers as well as the parties involved to beneath(a)stand. one and only(a) of the aras that the equity law has improved on in NSW is the signalise law. The contract law has its foundations on the English common law practices with a fewer modifications in specific beas. The contract laws as used in the state be also make upon the various bids that do been passed in the Australian parliament.Equity has helped in the formation of contract law and the procedures that need to be followed when a particular ships company breaches the contract. The laws formed atomic number 18 what ar in the main used to govern flock proceeding local, regional and international and employment contracts under the labour laws. In figure out come across cases, the NSW courts, they usually look at how several(prenominal) cases were or are still handled in England courts such as in their court of appeals, Kings Bench, House of Lords UK and Courts of Common Pleas UK among different courts so that they can apply the same principles.Most of New South Wales acts had furnish to springiness relief against some contract obligations and sometimes to reform the contracts. That is wherefore over the vitamin C thither have been contractual reforms to infract freedom to the contract theory that sometimes would dent interference in other forms of laws. Equity therefore has played a major part in inequitable enrichment and restitution of the law. Property laws also follow equitable principles in New South Wales. This is taken from how in England there was a need for people were supposed to be requiteed to the original positions they were in before persecute or loss of proportion took place.Equity therefore, offers practicable terms of solving lawsuit cases. For example, when a person takes someones topographic point and they do not return it. The owner filing the case would homogeneous to have it back instead of comely being compensated in fiscal terms. This is in contract to the common law system which will only make sure that the plaintiff is paid in replace for the blank space. Therefore, equity is not achieved in this case. This is applicable in the way property laws have been developed in NSW where in 1987 the Residential tenancies function was placed large-minded certain rights to the owners of land or property and their tenants.This was in the form of an agreement that made sure that the tenants were not charged high up rents and landlords gained from the rent they received. An Act for combining certain laws relating to land title deeds and assignments was enacted in 1898 in NSW. The Real Property Act was an improvement of the 1898 laws that made legal provisions for the transfer of land and their titles. In 1919, the conveyancing act was made to combine the property laws and enhance conveyancing and other acts that influenced it.In 1994, the Retail Leases Act was used to add onto the property laws so as to piddle formal laws that aided leasing of retail shops musical composition stating the rights of the lessors an d lessees. Equity was established in the corporations law and was used in England to govern and manner of speaking the various problems that business entities organisationd. Some of the key principles that were used are seen in the way corporation cases are solved in the NSW for instance, in the termination of business practices alike partnerships and mergers and the amount of compensation that either ships company is supposed to receive.Nowadays, the equity law in New South Wales is enforced under the Law Reform (Law and Equity) Act of 1972. It is here that the rules of equity and also the law are listed and in case there are conflicts, just as before, the equity rules prevail. This act is continually amended by the tell apart governor as need arises. The laws of England are therefore necessary in New South Wales because it is essentially an English state. The Supreme Court in NSW which is the highest level of court in the state handles both well-bred and criminal cases and follows the equity law.In middle 19th century, the colonialists in this case the British used a lot of the equity law in passing judgments and they compensate went further to pass the Colonial legislature Act and the Justice Act which led to the establishment of the Equity law system. In NSW, the equity law is all slightly fairness. The equity principles are still being used in amending some of the essential laws that apply to the rest of the country and are also applicable to the state.The equity law system is important in NSW as it gives the judge the power to make validated decisions and pass sentences based on testify as well as use morally agreed practices that will ensure that the plaintiff and defendant have been given up an equal opportunity to defend themselves. One area that equity law is been use in is in the recovery of debts which are mainly faced by in national and also international trade transactions. Here, it states what actions are taken for people w ho bre ach contracts, the rights to own property as well as problems that face various business organizations like partnerships, corporations and trusts.From visual perception how the equity law has helped in the ecesis of justice, we see that there is more to just learning the rules that are used in equity law but there is also a need to get a line the account statement because the laws are developed as time, until nowts and the context in which they are apply change. It is important to study the history of the law though found in a foreign country as it enables legal practitioners and law students to understand its formation and why equality is such a common area of discussion.Moreover, reading about the history as it is applicable in England enables NSW legal makers to know how similar cases can be solved in the state and even define new ways of solving legal issues olibanum strengthening the equity law. Conclusion Equity in New South Wales has changed in time and withdrawnness b ut this system of law has borrowed a lot from legal practices that are used in England. As the State becomes politically independent, it has developed its own laws that are used to decide over cases but they still take into consideration the common law practices and equity principles.These laws have enabled proper brass instrument and the administration of justice as the equity laws have enabled individuals to defend their rights, own property, bring in into proper formal transactions and continually amend the laws for the good off all New South Welsers. Equity law in NSW is therefore backed by a strong history and variety that makes it practicable in law thus enhancing the perfection of modern equity.ReferencesAbel, R. L. & Lewis P. C Lawyers in Society The Common Law World, face fungus Books, 1988 p. 265 Comyns, J. , Hammond, A. & Day T. A Digest of the Laws of England, fifth Ed.Collins & Hannay, 1826 p. 405 Cope, M. & faysland University of Technology. Equity issues and tren ds the importance and pervasiveness of equitable doctrines and principles in modern private, commercial, and public law. federation Press, 1995 p. 156 Gilbert, G. & Great Britain Court of Kings Bench. Cases in Law and Equity Argued, Debated and Adjudged in the Kings Bench and Chancery, in the Twelfth and Thirteenth Years of Queen Anne. Catherine Lintot, 1760 p. 27, 53 Great Britain Courts & Leach T. new-fangled reports or, Select cases adjudged in the courts of Kings bench, Chancery, Common pleas, and Exchequer 1663-1755, 5th Ed. G. G. J. and J. Robinson, 1796 Hale, M. & antique C. M. The history of the common law of England, third Ed. University of Chicago Press, 1971 Kercher B. Debt, seduction and other disasters the have of civil law in confidence trick New South Wales Federation Press, 1996 Navado lawyers and solicitors strategic solutions, dynamic people. http//www. navado. com. au/Practice-Areas/Equity-Law-Trusts-Law/ Retrieved on April 6, 2009 Neal D. The ordinance of Law in a penal Colony Law and Politics in Early New South Wales Cambridge University Press, 2002 p. 75