Low and management Essay Example | Topics and Well Written Essays - 2500 words

Low and management - Essay Example A binding precedent adheres closely to the precept of stare decisis. It is â€Å"based on the premise that the function of judges is not to create law, but to find law in conformity with existing legal rules.† Under this doctrine, the judge is legally obliged to base his own rulings on previously decided cases, applying the principles of law determined therein. â€Å"This coercive character of the doctrine of precedent is a feature peculiar to the English legal tradition.† (Antoine 2008) On the other hand, persuasive precedents are those legal principles which, while controlling in previous cases, are merely referred to for guidance in the pending case. The judge may refer to these earlier decisions, but will not consider himself bound to abide strictly by them. Examples of such persuasive precedents are decisions of a court of another jurisdiction, and decisions of a lower-level court. Another consideration would be the date the precedent case was decided, since generally, cases which are more recent would be more authoritative as a basis for new decisions. Also, if the case were promulgated by a judge with more prominent reputation, the greater the degree of persuasiveness of that decision. (Gall, 1983) An important basis as to whether a precedent is binding or persuasive is that portion of the judgment from which the legal principle is drawn. Judgments are comprised of the ratio decidendi and the obiter dicta. The ratio decidendi is that part of the judgment where the judge states the material facts of the case and sets down his legal reasons for arriving at his or her decision. If the court which ruled on the precedent case is higher than the court hearing the pending case, then such precedent is binding upon the lower court. On the other hand, the principle may be embodied in the obiter dictum, which comprises the opinions and observations of the judge. The obiter dicta are persuasive in nature; the judge in the

Importance of Leadership Style for the Success of John Lewis Coursework

Importance of Leadership Style for the Success of John Lewis - Coursework Example The researcher states that given the competitive nature of the business environment that the firm operates in, and the importance and magnitude of leadership positions, leadership, and leadership style is very important for John Lewis. This will determine how John Lewis is going to be successful in the future as it continues to be an even more important business in the economy. Leadership is the process of coordinating and organizing people, in such a way that they work together as a focused team to accomplish a common goal. Leadership style refers to the philosophy of a leader and how he or she implements his or her leadership. According to BBC online news, the leadership style that a leader chooses to use, either consciously or unconsciously, has a fundamental impact on his efficacy as well as success. In this article, the leadership style of John Lewis is placed evaluated to determine its efficacy and what John Lewis may need to improve to become a better leader. When it comes to leadership, there are significant differences between leaders and managers. One of the main differences between managers and leaders is that leaders have followers while managers manage employees. Unlike a leader who creates and implements change, managers react to change and sometimes it can be too late for them. Managers, unlike leaders, are also likely to be focused on taking credit when they achieve something even if they achieved it through their employees. A leader who focuses on leadership and not management, on the other hand, gives credit to his team and takes responsibility when things do not go as planned or in the desired way. A manager may be focused on developing his career while a leader is taking a group or shared focus where nobody, not even the least import person, in the team is left behind. Managers may be the source of good ideas, but a leader is the one who makes these ideas transform from just being ideas into actual real-life solutions that benefit everyone. In other words, leaders make things happen while managers are just conveyor belts.

The Federal Government and Laissez-Faire Essay Example for Free

The Federal Government and Laissez-Faire Essay The period of American history from 1865 to 1900 consisted of much controversy concerning economic control. Individual enterprises fought diligently to dominate economic affairs but the government was obligated to intervene when unjust activity was apparent. It was unanimously believed, among businessmen, that the government should have very little say in economic issues, the basis for Laissez-Faire. This policy invited the rights of the public consumer to be violated. As a result of the unjust treatment by the enterprises, it was necessary for the government to step in. The Interstate Commerce Act was enacted to limit the freedom and wrongful capital gain of railways to benefit the people. The Senate passed the Sherman Antitrust Act, heavily influenced by the monopolies, to prevent trade restrictions. Freedom and independence are extremely valuable aspects in any setting but can only remain if utilized responsibly. The successful individual enterprises were determined to maintain the Laissez-Faire policy. In Document A, Amasa Walker is quoted saying, Economically, it will ever remain true, that the government is best which governs least. When the government is too involved in the economy, a great many regulations are set and the corporations become less prosperous because their effective methods are limited. A New York City merchant, Daniel Knowlton, (Document B) has a supporting opinion pertaining to the proper functions of the government. He believes the government is in place to maintain domestic tranquility, defend the people from invasion, and protect them when traveling. Every merchant and big business owner alike new theyd benefit under the Laissez-Faire policy. The Interstate Commerce Act was a major intervening action taken by the Federal government in 1887. The act prevented discrimination and promoted reasonable and just fees. The success of the railroad has been attained at the most unwarranted discriminations and its effect has been to build up the strong at the expense of the weak. as stated in Document J. This method of success had come to cease because the rich were becoming richer and the poor, poorer. Document L depicts the beneficial aspects of the Interstate Commerce Act, The act to regulate commerce was not passed to injure any interests, but to conserve and protect bringing about great and salutary  measures of improvement. The act has operated directly to increase railway earnings despite initial appearance. The Sherman Antitrust Act was the proceeding measure taken by the Feds. The Senate, being dominated by monopolists as shown in Document M, was forced to pass the act. Actions in Senate were taken in the interest of monopolies instead of the people. This is a Senate of the monopolists by the monopolists, for the monopolists. The act declared all contracts restricting trade to be illegal. This was of importance to the monopolies because trade restrictions would harm them greatly. Contemporary corporations were required to be versatile in the expanding American economy. Individual enterprises fought diligently to dominate economic affairs but the government was obligated to intervene when unjust activity was apparent. The Laissez-Faire attitude was quite popular during this time. However, problems arose when it was in affect. The government instituted the Interstate Commerce Act and the Sherman Antitrust Act to maintain a more balanced economy and make life easier for the poor. The Federal government only intervened in the economy when it was necessary to do so.

Aristotles Politics Analysis

Aristotles Politics Analysis The Greek philosopher Aristotle (384-322 B.C.) was one of the most important Western philosophers in ancient times. He contributed to nearly every aspect of human knowledge and society, especially in the field of politics. Aristotle even wrote an entire book called Politics. I found the full English-translated version of Aristotles Politics through Fordham Universitys The Ancient History Sourcebook in the Greek subgenre of Philosophy (http://legacy.fordham.edu/Halsall/ancient/asbook07.asp#Philosophy). Politics is a comprehensive examination of the origins and structure of Greek society. Like the ancient civilizations of Mesopotamia and Egypt, Aristotles perspective on politics is deeply-rooted in the city-state, or polis as the Greeks call it. In a polis, all citizens in a Greek city-state hold a functioning role in government. Young citizens would serve in the military, middle-aged citizens would govern, and older citizens took care of religious affairs. Newsome High Schools English Department adds on stating that Since citizenship involves an active role in running the state, a citizen identifies strongly with the city-state to which he belongs, to the point that the Greeks consider exile to be a fate worse than death. Aristotles Politics as well as many other works from ancient Greece were shaped by its cultural and temporal contexts. Religion was present in all areas of ancient Greek life, especially in politics. With religion came stories and myths used to clarify the origins of the world, gods that represented each tangible or intangible aspect of life, and temples which saturated the Greek municipal landscape. These aspects of ancient Greek life allowed for Greek government and society to function and thrive. Aristotle critically analyzes the political infrastructure of ancient Greece in Books IV-VI. Accordingly, a strong middle class prevents corruption and oppression. He goes on to say though it is not necessary to give everyone equal access to public office, it is never wise to exclude entirely any group from power. Aristotle recommends education and inclusiveness in order to preserve a constitution. Aristotle acknowledged that there were three kinds of government, each consisting of two extremes: good and bad or just and unjust, depending on how the ruler leads. When only one person is given the power to rule, the government is considered as a monarchy if the ruler is good or just and a tyranny if the ruler is bad. When a small group of elitists rule, the government is an aristocracy if the rulers are good and an oligarchy if the rulers are bad. When all of the citizens that reside within the city-state rule, a constitution is a polity if they rule well and a democracy if they rule po orly. In general, Politics states that a government is good or just when it benefits all of the citizens residing within the city-state and unjust when it benefits only those in power, whether singular or several. Aristotle also acknowledged that there were three branches of civic government. The first branch of civic government was known as the deliberative. The deliberative branch makes the major political decisions of the city-state. The second branch of civic government was known as the executive branch. The executive branch handles the everyday tasks of the city-state. The third and final branch of civic government was known as the judicial branch. The judicial branch oversees the legal affairs of the city-state. Books VII and VIII refer back to the initial question of how the ideal city-state would appear to be. Surely, such a city would be large enough for self-sufficiency but would also be small enough to ensure fellow feeling. Aristotle notes that a successful city-state should be located by the water to allow for easy sea commerce, which was the easiest and fastest channel of transport that was available back then. Education ensures the well-being of the city-state, which is why Aristotle states his preference of a public program of education as opposed to something like private tutoring. His recommended curriculum consisted of a variety of learning subjects including reading and writing, physical education, music, and drawing. This system of education helped citizens make the most of both work and play, as well as allow the amount of leisure time in which to pursue the good life. Bibliography http://newsome.mysdhc.org/teacher/3171rosselle/Files/Aristotle%20on%20Politics.pdf http://legacy.fordham.edu/Halsall/ancient/aristotle-politics.txt http://www.philosophypages.com/hy/2t.htm http://www.ancientgreece.com/s/Culture/

U.S. Criminal Justice System Essay -- legal reform, social issues, cir

Before proposing a reform to the American criminal justice system, we must first examine the problems that plague the process of justice on all levels. American society plays an important role in shaping the criminal justice system. Their beliefs and values determine the type of deviants and the consequences of the crimes. Often their beliefs contradict each other. Americans believe that the more serious a crime is, the longer a person should spend in a prison. In reality it means that a law at discretion can sometimes just set a number of years that a person should spend in the jail, regardless of the situation. The time in the prison is often very long (Randall, Brown, Miller& Fritzler, p.216) because some states have definite sentence or mandatory sentences which leave little room for the judge to decide on the merits of the person. For example, California favors â€Å"Three Strikes and You’re Out†(Randall & et al., p.216) stance on the laws which means after third felony crime, a person must spend 25-year-to-life sentence in the prison. They believe that the deprivations of basic needs, isolation from the society, and in extreme cases, death are consequences of committing a crime. The process of the court in America values efficiency and tough punishments. Since there are a lot of arrests, the court is overburdened and pressed for time. The prisoners are processed through like animals for the slaughter, quickly and with no mercy. The inequality in the terms of power and money influences the court. People with deep pockets are able to bail out or negotiate for a lesser term than a person assigned to a free lawyer by the state. Those consequences Americans believe will serve as deterrence or warning to people to obey the law... ...not the answer to all of the problems that America is experiencing in the criminal justice system, but however it may take the pressure off the state to provide the help to people. The reduction and the reform in the prisons are strongly recommended before using this new model. Works Cited Shelden, R.G., Brown, W.B., Miller, K.S., & Fritzler, R.B. (2008). Crime and criminal justice in american society. Long Grove, Illinosis: Waveland Press, INC. Bohet, A.K. & Wadhwa, T. Beyond the prison walls: reforming through silence. Indian Psychology Institute. http://ipi.org.in/texts/nsip/nsip-full/toolika-tihar.html Doleschal, E. (1977). Rate and length of imprisonment: how does the united states compare with the netherlands, denmark , and sweden?. Crime & Delinquency, 23(1), p. 51 -56 http://cad.sagepub.com/content/23/1/51 doi: 10.117/001112877702300105

Essay --

It is essential that human cloning is outlawed. It is salacious to perform, research, and promote these experiments on human subjects; it is neglectful, and shrewd to make the presence of this objective technology legal, let alone obtainable. Not only is human cloning hazardous and illogical, but morally incorrect and greatly dishonorable. The most alarming thought referring to human cloning is that it has the power to alter the foundation, that we as a nation, are assembled upon. What occurs after we take things too far and lose control? What happens when we are no more satisfied in simply seeking education of the physical universe? We will cross the line between natural and synthetic. What will differentiate God from man? Do we have the authorization to change the evolution of life? Science has proven that we can reproduce humans both naturally and unnaturally, but that does not mean that mean we should stop questioning whether or not we should scientifically reproduce humans. Cloning should be abolished for multiple reasons. One reason being its insufficiency and high failure r...

National Security Council Essay

The recent trend characterizing the US security policy is the gradual strengthening of the National Security Council. Under G. Bush administration this body gained significant power and influence. In this paper I’m going to investigate the reasons for this trend as well its advantages and disadvantages. In the international practice, National Security Council is generally defined as an executive body coordinating national security issues. National Security Council consists of the heads of departments involved in diplomacy and defense with a relatively small number of staff members. The US National Security Council was established in 1947 and substantially amended in 1949; the same year it was placed in the Executive Office of the President. The powers and influence of the US NSC has been gradually increasing during the second half of the 20th centuries; this trend is evident presently, too. As for the structure of the council, it is chaired by the President and encompasses Vice President, the Secretary of State, the Secretary of the Treasury, the Assistant to the President for National Security Affairs, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff as the statutory military advisor to the Council, the Director of Central Intelligence as the intelligence advisor. The Chief of Staff to the President, Counsel to the President, and the Assistant to the President for Economic Policy have a right to be present at any meeting of the Council; others can be invited to attend NSC meeting if appropriate. The functions of the NSC are â€Å"considering national security and foreign policy matters with his senior national security advisors and cabinet officials. † (National Security Council official website, http://www. whitehouse. gov/nsc/) Every President made major or minor change in the powers and functions of the NSC in order to adjust it to his own management style. The ultimate goal of the NSC under Bush administration is to ensure collegiality among different departments coordinating military and diplomatic issues. But the functions of the NSC nowadays are much wider. The expert report that â€Å"the NSC today conducts ongoing relations with the media, Congress, the American public, and foreign governments. † (Daalder & Destler, 2000, A New NSC for a New Administration, http://www. brookings. edu/comm/policybriefs/pb68. htm) Even the official sources define the Council as â€Å"as a means of controlling and managing competing departments† and it’s functioning â€Å"depended in no small degree upon the interpersonal chemistry between the President and his principal advisers and department heads. † (Office of the Historian, Bureau of Public Affairs, History of the National Security Council, http://www. fas. org/irp/offdocs/NSChistory. htm) The NSC is refered to as the â€Å"key foreign policy player in every administration since John F. Kennedy’s. † (Daalder & Destler†¦) I strongly deem that the trend of NSC becoming more influential reflects the general trend of Presidential power becoming more authoritative. The fact that Condoleeza Rice rivals Colin Powell in influence is to a certain extent causes to the relations between Condoleeza Rice and the President. Another reason is that she had been an influential public figure in academic and political circles before joining the NSC. Karl Inderfurth and Loch Johnson (2004, p. 180) in their book Fateful Decisions: Inside the National Security Council states that â€Å"Rice perhaps most closely resembles McGeorge Bundy, of the Kennedy Administration, who was the first non-invisible national-security adviser†¦Ã¢â‚¬  George Bush in the first National Security Presidential Directive stated that â€Å"The NSC shall meet at my direction. † (National Security Presidential Directive, 2001, http://www. fas.org/irp/offdocs/nspd/nspd-1. htm) The positive side of it is that the President can quickly obtain a qualified advice when needed. The negative side is that the NSC is an easy tool for controlling and redefining diplomatic and military policy of the county without consulting other major defense bodies. The same Directive states: â€Å"Except for those established by statute, other existing NSC interagency groups, ad hoc bodies, and executive committees are also abolished as of March 1, 2001, unless they are specifically reestablished as subordinate working groups within the new NSC system as of that date. † George Bush adjusted the Council to his own needs approximately after a year in the office. This is one more important reason why the President relies more on the NSC than on traditional bureaucracy. The structure of the NSC is relatively transparent and clear; it includes a limited number of members, although it has grown in size recently and resembles a governmental agency rather than an advisory committee. I would like to elaborate on another factor that contributes to the situation with the NSC. After the tragic events of 9/11 George Bush established the Office of Homeland Security under the governance of Tom Ridge, the President’s close friend. The functions of the NSC and the OHS often overlap; the possibility of the NSC becoming hegemonic in the sphere of homeland security decreased. Still, its role in the national security is hard to overestimate. Daalder & Destler (2000) propose a clear list of reasons why the NSC evolved in the key agent in defence and foreign policy. They state that it was caused by â€Å"the half-century development and legitimization of the NSC as presidential coordinator for mainstream national security issues†¦[and]†¦the post-cold war expansion of the foreign policy agenda, with more issues that require coordination across more agencies†¦[and]†¦the deepening of partisanship in Washington, particularly over the last decade. † It’s hard to give a solely positive or negative evaluation of this trend. From one angle, the NSC is flexible and is able to react rapidly to any security threat. It may seem rational to grant excessive powers to the NSC. There would be no need to employ the bureaucratic machine of numerous agencies dealing with diplomacy, military aspects and homeland security. The NSC should be organized in such a way so that â€Å"the president can make clear foreign policy choices in a timely manner. † (Daalder & Destler†¦ ) Daalder & Destler study emphasises that the NSC major task is integrating the US foreign and defence policy, and it’s of high importance in the era of global terrorism. From another angle, the NSC is powered by the President, and there exists much space for manipulation. Recently, the NSC doesn’t manage efficiently with coordinating the national security bodies. For instance, some tension exists in relations between the NSC and the agencies like CIA. Now let me proceed with drawing the final conclusion of the paper. There exists a clear trend of the National Security Council becoming more influential and powerful under the George Bush administration; this happens for compelling reasons. The positive or negative evaluation of his trend largely depends on the degree of efficiency of the NSC organization and functioning. References 1. The White House, National Security Council http://www. whitehouse. gov/nsc/ Last accessed: 15 Oct 2004 2. Office of the Historian, Bureau of Public Affairs, United States Department of State, History of the National Security Council, 1947-1997 http://www. fas. org/irp/offdocs/NSChistory. htm Last accessed: 15 Oct 2004 3.National Security Presidential Directive, February 13, 2001 http://www. fas. org/irp/offdocs/nspd/nspd-1. htm Last accessed: 15 Oct 2004 4. The Brookings Institution, Foreign Policy Studies, Daalder, I. H. , Destler, I. M. , A New NSC for a New Administration, Nov 2000 http://www. brookings. edu/comm/policybriefs/pb68. htm Last accessed: 15 Oct 2004 5. Inderfurth, K. F. , Johnson, L. K. 2004. Fateful Decisions: Inside the National Security Council. Oxford University Press.