Extreme tourism and Antarctica Essay

What is Extreme Tourism? Extreme tourism is an offshoot of mainstream tourism that involves the tourist going to areas with a hazardous landscape combined with a dangerous climate or remote areas that are either sparsely populated or not populated at all. More and more people are taking part in activities like rock climbing, white-water rafting, paragliding and more. Who Takes Part? More often than not, the typical adventure tourist will be 30 years old, unmarried person and have no children. Due to the expensive nature of these holidays, those taking part will most likely be in high power jobs, which would allow them to earn a high income. Most people will come in small groups but there are a few wealthy individuals who go by themselves. As very few people go on these types of holidays, the sector will never be as large as other tourism sectors like eco-tourism. What are the Attractions? The most popular areas for extreme tourism are Peru, Chile, Argentina, Azerbaijan and Pakistan. These areas boast difficult landscapes, hard climates and even unstable political situations. A notable example of this would be the mountainous regions of north Pakistan. They are often described as some of the most difficult landscapes in the world and, as mentioned earlier, some feel that the risky political situation (as it is near an Al Qaeda base) adds an extra thrill. Other more mainstream attractions include desert trekking, canoeing in areas like the Amazon and hiking in the Himalayas. Antarctica: What Activities are there? Most of the activities available in Antarctica are based around the unique climate and wildlife present there. The activities vary from sporting activities such as skiing and hiking expeditions, to viewing the native wildlife like whales and penguins. Activities like living with the Emperor Penguins are very popular among tourists as you aren’t required to be very physically fit and it can be very touching to be around them. Other activities like skiing across large distances or hiking up mountains like Mount Vincent are a lot more demanding physically and as such fewer people go on these expeditions, yet they are still quite popular due to the thrill achieved by taking part in these dangerous activities. How has the Number of Tourists going to Antarctica Changed? Tourism in the Antarctic regions started in the late 1950’s (approximately 1958), half a century after Amundsen and his team first arrived at the South Pole. At this time the numbers of people visiting the area were very low, a stark contrast with the numbers of tourists arriving today which is somewhere around 28,000 people per year. The number of people visiting is only expected to go up as more activities are made and marketing of the area increases. What are the Impacts of Tourism? While those in charge of the tours do their best to ensure that any impacts caused by the tourists are minimal or don’t even happen, it is nigh impossible for them to remove the risk altogether. As a result, there are impacts caused by the tourists and the extent of some of them can be quite considerate. The most obvious impact brought on by tourists is the disturbance of the native wildlife such as the emperor penguins. Human interaction with these animals can cause major effects such as a change in migration patterns leading to further effects in the ecosystem as a whole. Impacts can come in other means as well. The sinking of the MS Explorer showed that access to the area needed to be restricted and lead to fuel spilling in the water, doing untold damage to the marine life. How have the Impacts been managed? All tour operators, of which there are more than 100, are members of the International Association of Antarctica Tour Operators (IAATO) and are urged to be environmentally friendly in their practices and are asked to convince tourists to be as well. In order to preserve more delicate areas, there are certain Sites of Special Scientific Interest (SSSI’s) which tourists are not allowed to visit so that the wildlife and inhabitants are protected. Anyone wishing to take part in activities on the island must have a permit and are banned from leaving any waste/litter behind and being closer than 5m to an animal. Any ships going to the area is limited in the amount of passengers it can have (500 max of which only 100 can disembark at once).

Consumer Behavior Comparison Essay

1. Using the tricomponent attitude model, compare the differences in attitude of consumers towards Kraft Foods versus their attitude towards Vegemite. The tricomponent attitude model is made up of Cognitive, Affective and Conative component. The three components are interrelated and integrate to form an attitude of a person toward any product or service in consumer scenario. Here we are studying how the consumers react to Kraft Food and Vegemite. Cognitive Component Cognition is basically making decisions going through a thinking process. So this thinking process can occur on the basis of knowledge and perceptions that already existed in the consumers’ minds. The Cognitive Component of attitude is developing a belief based on past experience or perception and whenever the consumers are exposed to attitude object (about which we are to form certain attitude) and those belief will form a typical behavior towards that attitude object. The consumers can be seen in the case study to be protective over Vegemite as they perceive it to be a national symbolic food with the long history. The brand itself had lasted centuries with its unique salty base as breakfast spread as compared to traditional sweet base spreads. Kraft Foods being the brand owner did not do anything to the brand until the later years where they did a rebranding of the product to suit modern culture and needs. The consumers clearly triggered heavy resentment over the undesired new name as they had perceive â€Å"Vegemite† to be worthy of a name to more relevant. Here Kraft Food suffered a marketing backlash whereas consumers’ support for Vegemite rally strong. Affective Component This Component of Attitude formation is all about emotional feelings of a consumer about the particular product or brand. Consumers have certain emotions regarding the attitude objects either favorable or unfavorable; good or bad, it may be regardless of any quality, specification, features, utility or brand name. Vegemite lasted centuries of success without any interference from Kraft Food in terms of product modification or receipe changes. Kraft Food knew that Australians held Vegemite with high regards and deeply rooted in the history and culture. Despite a dip in sales after foreigners infux, the strong support of the old brand can be seen as Kraft Food carelessly picked an odd name for their re-branding. In their â€Å"Name me†¦Ã¢â‚¬  campaign, strong sentiments of the brands were reveal as hate groups emerge to hate the new Vegemite name. The consumers feel strongly violated as the name did not resonate with the hearts of the supporter. Kraft Food succumb to pressure an d rename the product. Conative Component This final component is concerned with the likelihood or tendency that a specific action will be undertaken by an individual regarding attitude object. It is treated as an expression of consumer’s intention to buy. It may include action itself. Consumers usually make purchases for positively evaluated brands. Their intentions towards those brands are positive, so their attitude towards those brand would be positive. Although the new â€Å"iSnack 2.0† was much disliked, the success of the receipe is shown with the improvement in sales figures. Consumers in this case, reacted to the over hyped publicity generated by negative marketing, resulting in curious new consumers trying out the new product. Vegemite in this case, was successful. On the other hand, Kraft Food was said to be making use of the clever marketing strategy by inducing resentments from the consumers with the â€Å"iSnack2.0† name. Compared with vegemite, Kraft Food is perceived to be crafty and had to resort to underhand means to achieve desirable results. 2. Thinking about the different methods Kraft used to encourage consumer input for their new Vegemite product, what kind of consumer learning took place during the entire process? Consumer learning is the process by which individuals acquire the purchase and consumption knowledge and experience they apply to future related behaviour. Most of the learning is incidental and some of it is intentional. Elements of Consumer learning The basic elements that contribute to an understanding of learning are motivation, cues, response and reinforcement. Consumers will be motivated to learn if the information is relevant to their needs and goals while cues serve to direct consumer drives when they are consistent with consumer expectations. Response is how consumers react or behave to a drive or a cue while reinforcement increases the likelihood a response will occur in the future as a result of a cue. Kraft encouraged consumer input for their new Vegemite product through the â€Å"How do you like your Vegemite† and the â€Å"Name me..† campaign. By getting the consumers to be involved, the Australians will feel that they ‘own’ the brand which created the sense of belonging. Kraft asked consumers to log on to the website and post their ideas on the different ways they ate the product. Instrumental Conditioning Instrumental Learning theorists believe that learning occurs through a trial and error process in which the positive outcomes in the form of results or desired outcomes lead to repeat behaviour like Repeat Purchase or Repeat Positive Word of Mouth. Both positive and negative reinforcement can be used to encourage the desired behaviour. The timing of repetitions influences how long the learned material is retained. Learning usually persists longer with distributed re-inforcement schedule, while mass repetitions produce more initial learnings. In view of how Kraft Food did was the â€Å"Name me†¦Ã¢â‚¬  campaign. They failed to select a proper name for the first time, but they acknowledge the mistake and repeat the campaign a second time. Meanwhile, they took four months to replace the â€Å"iSnack2.0† labelled jars off the shelves before replacing with â€Å"Cheesybites†. The consumers are conditioned by this instrumental method. 3. Vegemite is a food product sugge sting customers would have lower levels of involvement with the brand. However, the fall-out from ‘iSnack 2.0’ imply otherwise. What aspects of involvement theory were presented in their response? Involvement theory recognizes that consumers become attached to products, services or brands to differing levels and they engage in a range of information-processing activities, depending on the significance of the purchase (Sciffman et al. 2008). The involvement level shown by the consumers in ‘iSnack2.0’ is high is because Vegemite is considered to be a national brand and a part of Australia’s heritage (Superbrands Australia, 2012). Beside this, the ‘How do you like your Vegemite’ and the ‘Name Me’ campaign further increase the involvement level of the consumers as they felt a sense of ownership in the creation phrase of the product (Sciffman et al. 2008). From the case of ‘iSnack 2.0’, the hemispheral lateralization theory can be used to explain the responses of the consumers. The hemispheral lateralization theory, also known as split-brain theory, is the learning theory around the basic principle that the left and right side of the brain specialize in the kind of information they process. The left side of the brain, which specializes in cognitive activities, can be put as rational and logical, while the right side of the brain, which specializes in pictorial and holistic information, can be put as emotional and instinctive (Sciffman et al. 2008). When Kraft chose the name ‘iSnack 2.0’, the left hemispheral of the consumers processed the decision-making and they responded negatively because the logical thinking is that the selected name is more related to technology products such as iPod and iPhone by Apple. This made the decision looks ‘wierd’ and ‘irrevelant’ to the public and will also results in consumers thinking that Kraft is trying to ride on the success of Apple’s products (Miller, 2009). On the other side, the right hemispheral of the consumers also contributed to the consumers responding negatively because Australians have high loyalty and feelings for Vegemite (Foley, 2009) and the fact that Kraft did not let the consumers have a say in the winning name intensifies the negative feeling that Kraft, an American company, is not allowing the Australia public to have a say in the brand they felt they have ownership in. And by choosing a name that is perceived to be unsuitable and outrageous, it further fuels the feeling that the company is showing disrespect to the brand Australians love (Sciffman et al. 2008). 4. Do you think Kraft can change perception of ‘iSnack 2.0’ by changing the name to ‘Cheesybite’? Explain your answer. Perception is the process by which people select, organize and interpret stimuli to form a meaningful and logical picture of the world and it is important in marketing strategies for marketers because consumers make decisions based on what they perceive, rather than on the basis of objective reality. (Sciffman et al. 2008). When ‘iSnack 2.0’ was chosen, it triggered negative responses and outrage from consumers across a number of social networking websites such as Facebook and Twitter, online forums, newspaper and magazines. ‘iSnack 2.0’ was perceived to be ‘weird’ and ‘irrelevant’ and make no sens e to consumers as to why a food product was given a technological name that is normally related to technology products such as iPhone and iPod (Miller, 2009). The name was also perceived to be a marketing stunt by the company as the negativity generated increased the exposure of the product. This led to the sales rising 47 percent in the first two weeks and the product being available in 15% of Australian households (Foley, 2009). However, ‘iSnack 2.0’ also led to hatred and anger as there are consumers who suggested boycotting the product (Collerton, 2009). By deciding to change the name of ‘iSnack 2.0’ to ‘Cheesybite’, Kraft can change the perception of the product. The product is a combination of ‘Vegemite’ spread and cream cheese (Kraft Foods Australia, 2011), which is as what ‘Cheesybite’ suggested and made more sense to consumers. Another reason is that ‘Cheesybite’ is chosen in a popularity vote by more than 30,000 Australian and New Zealanders, instead of by the company, therefore will relate better to consumers (AAP, 2009). Once the more popular and logi cal choice of ‘Cheesybite’ replace ‘iSnack 2.0’, sentiment will soften due to the Australia loyalty to the brand and the incident will slowly fade away. 5. If ‘Vegemite’ could be given a brand personality, what do you think it would be like? Compare this to how the ‘Cheesybite’ personality might be. Brand personality is an act or a process of the personality traits that a brand possesses. It is the viewing of a brand as a person and defining the traits that a brand has. A brand personality is something consumers can relate to and it develops over time (Parameswaran, 2006). An effective brand will increase its brand equity by having a consistent set of traits. There are five main types of brand personalities and they are Excitement, Sincerity, Ruggedness, Competence and Sophistication (Friend, 2010). ‘Vegemite’ is best described as having the personality of Sincerity which is interpreted as down-to-earth, honest, wholesome, and cheerful (Friend, 2010). Vegemite is an Australian brand that reaches to the hearts of its consumers and therefore brand loyalty is high. Kraft has retained the down-to-earth nature of ‘Vegemite’ by not changing the content, with the only updates applying to external factor such as packaging and the occasional consumer promotion. ‘Cheesybite’ is best seen as having the personality of Excitement under the 5 dimensions of brand personality. The name ‘Cheesybite’ gives consumers an exciting, daring and spirited feeling (Friend, 2010). This will attracts consumers with high innovativeness as they are risk takers and are more likely to adopt new products (Tellis et al, 2009) The different personalities of ‘Vegemite’ and ‘Cheesybite’ give consumers totally different perception and feeling and this is important for Kraft to position itself in the different market segment to establish a good name. Bibliography AAP, 2009, Vegemite Cheesybite replaces iSnack2.0, The Sidney Morning Herald. http://news.smh.com.au/breaking-news-national/vegemite-cheesybite-replaces-isnack20-20091007-gm5u.html Collerton, S. 2009. iSuck 2.0: Unhappy little Vegemites. ABC News. http://www.abc.net.au/news/2009-09-28/isuck-20-unhappy-little-vegemites/1445034 Foley, Meraiah. 2009. Vegemite Contest Draws Protests. The New York Times. http://www.nytimes.com/2009/11/03/business/global/03vegemite.html?pagewanted=all Friend, Camille. 2010. The 5 Dimensions of Brand Personality. Fuel Your Branding. http://www.fuelyourbranding.com/the-5-dimensions-of-brand-personality/ Kraft Foods Australia. 2011. http://www.kraftbrands.com/kraftvegemite/Pages/product-information-cheesybite.aspx Kraft Foods Australia. 2011. http://www.kraft.com.au/products/media_release_vegemite_vote.aspx Miller, K E. 2009. Title fight. The Drum Opinion. http://www.abc.net.au/unleashed/26916.html Parameswaran, M.G. 2006. Building Brand Value: Five Steps To Building Powerful Brands. Tta McGraw-Hill Education. Schiffman, Leon, David Bednall, Aron O’Cass, Angela Paladino, Steve Ward, and Leslie Kanuk. 2008. Consumer Behavior. 4th ed. Pearson Education Australia Superbrands Australia. 2012. http://www.superbrands.com/au/content/view/300/1/ Tellis, Gerard J, Eden Yin and Simon Bell. 2009. Global Consumer Innovativeness: Cross-Country Differences and Demographic Commonalities. Journal of International Marketing, American Marketing Association. Vol. 17, No 2, 2009, pp 1-22.

Gavin Menzies’ Voyages

Gavin Menzies Essay Gavin Menzies was a royal navy submarine captain that worked for the British government and now is trying to let the world know his opinion on the discovery of the Americas: did the Chinese discover the Americas before Columbus? Menzies takes on a voyage where he tries to find evidence to support his thesis and comes up with several different theories; his first stop: Calicut. Menzies claims that the Ming dynasty's famous navigator Zheng He managed to reach the cape of good hope and from there he should have reached the Americas too.Gavin also claims that a famous Italian writer of the time, Nicolo ‘ Di Conti, might have made contact with Zheng ‘s fleet in Calicut and might have also left with them for the New World; Unfortunately for Menzies this idea was quickly discarded for there are historical records that suggest that Di Conti immediately returned back to Italy after his trip to Calicut ( he might have also carried some Chinese maps of their voya ges with him).Menzies then pulls out some more evidence that a map found was possibly a Chinese map that led to the islands of the Antilles, but according to a few historians and cartographers, the maps were confusing inaccurate and the islands were displaced in random places. The possibility of a slipway on one of the tropical islands was rejected by many geologists that state that those rocks where there for no peculiar reason.Still not giving up on his quest, Gavin Menzies slightly alters his theory: he affirms that an Italian, Verazzano, went on a voyage with the Chinese and stating that he saw â€Å"people running like Chinese†; but as we already know, even Columbus, thought that the people he thought were Chinese but they were just the Native American tribes that lived on the coastline.It was also verified that Indigenous people were descendants of other Asian tribes that might have reached the Americas by crossing an icy passage in North America. There is no concrete i nformation or evidence that the Chinese ever got to America, because if that were so than the Chinese would have set up outposts, settled or maybe started trading the tropical goods with Europe and probably could have made a fortune!Lastly, Menzies tries convincing the people when he claims that an old Chinese report states that the Ming fleet arrived at the shore of about 3000 different countries(the only way to do this was by reaching the Americas too)! The Chinese historian that owned the archives rejects this last of Gavin's theories because of a simple calligraphy misunderstanding: the Chinese character † † means 30 and † † means 3000 so the record can be misunderstood because the record actually just meant 30 different countries†¦Any claims concerning history, especially when it has been firmly accepted by historians and other professionals on that certain topic, should have reliable and plausible evidence along with clarifications and explanations to be supported; That is how history has been built up so far and it's how it will continue to be built. When an argument concerning history that relies on inaccurate evidence and unsupported theories, such as that found in Menzies' show. The argument does not deserve to be reconsidered.

Crime on the streets Essay Example | Topics and Well Written Essays - 750 words

Crime on the streets - Essay Example There are cases in which a person coming from a problematic heredity has been developed a sound healthy personality. On the other hand we have stories of persons who were brought up in a malicious environment became good citizens. Consumerism has conquered the current world and the advancement in science and technology has raised the living standards. Poor people always watch the rich ones with surprise and jealousy. The thirst for such higher living standards and the negligence suffering from the society will force them to adopt any kind of activities in order to earn money irrespective of good or bad. Urban areas are more volatile to violence and criminal activities compared to rural areas. Persons living in areas with heavy concentrations of the very poor, experience anomie: a state of normlessness. The poor youths in such areas may not have good jobs and education which prevent them from achieving higher living standards. But their expectations and targets will always exceeds what actually they deserved or capable of achieving which may force them to engage in criminal activities. Rich people normally stay in urban areas with high degree of living standards. The poor around such rich community often come across with such higher living standards which eluded them because of their poverty. Desperations will creep up and the poor, especially the youths who have more frustrations compared to the older people, may start criminal activities like robbery, theft and pick pocketing. But poverty alone cannot be sited as the reasons for criminalization of poor urban youths. A persons poverty may very well shape other life experiences and life choices, but it has very little direct influence on criminal behaviour. For example, we have lot of examples in which even the richest people engaged in violent criminal activities. â€Å"Abused and neglected

Peope and organization Assignment Example | Topics and Well Written Essays - 500 words - 1

Peope and organization - Assignment Example The team leader did not maintain authoritative behaviors, constantly deferring to the group opinion about direction rather than establishing a set of directions with an aggressive and authoritative position. This was very high accommodating behavior and the group ultimately suffered a low grade due to this lack of aggressiveness and lack of persistent control system development. If the team leader had been low in accommodation, the group would have been more effective in meeting the deadline for completion without the disruption caused by frivolous socialization that occurred as a lack of dominant leadership. The second personality factor for analysis is extraversion/intraversion. In personal life, one family member would always create conflict within the family unit whenever other family members suggested it would be exciting to explore different cultural locations, such as local museums and theaters. Over time, the family began to realize that this family member was highly introverted, an overly serious and reserved individual. The family found out quickly that this introversion was a product of self-esteem problems which were later overcome so that the entire family could enjoy outings together in large social environments. Personally, the personality factor of neuroticism versus emotional stability is applicable. I am always very calm and collected when dealing with stress and really enjoy experiencing new and unpredictable social situations. When others crack under pressure, I always remain resilient and one that others with high neuroticism can rely on for a calming tone of voice. The additional factor for personal analysis is conscientiousness. I believe I fall somewhere in the middle with this factor, tending to maintain a good quality balance. I sometimes procrastinate and, other times, am more driven to achieve goals. At work and school, low neuroticism and having a balanced approach to conscientiousness has given me advantages and disadvantages.

Why new cars are better then old cars Research Paper

Why new cars are better then old cars - Research Paper Example This is because of the fact that new cars are far better and cheaper than the old cars. Indian car manufacturer, TATA group recently world’s cheapest passenger car NANO, priced only $ 2000. Even though, prices are coming down, the quality and reliability, safety features, performances, fuel efficiency, comfort levels etc of the current cars are far superior to that of the old cars. This paper briefly analyzes why new cars are better than the old cars. â€Å"Anybody with a car older than three years should be tucking aside $50 a month for repairs and maintenance† (Toups). Old cars cause many problems to the drivers on the road. Occasional engine failures, battery failures, clutch problems, break problems, accelerator problems etc are some of them. The old car owner may force to spend a substantial amount of money for as the repairing cost. On the other hand new cars cause little problems to the driver. The performances of new cars are far better than the old cars. New ca rs were given lot of importance not only to the performance, but also for the safety of the passengers. For example, airbags are one of the safety measures introduced in new cars. Airbags help the passengers to save their life when the car accidents occur. Older cars had no such facility to protect the passenger lives. Airbags will be inflated at the time of accidents and it will shield the passengers from big collisions which can cause severe injuries. Apart from the driver and the front seat passenger, current cars have airbags even for the back seat passengers. The number of air bags has been increased from one to more than 10 at present for some of the advanced cars. Moreover, it is easy for the driver to apply brake smoothly and effectively on new cars compared to the older cars because of the advancements in the braking technologies developed by car manufacturers. â€Å"Today’s automobiles are sophisticated electronically controlled machines† (Erjavec,p.3). Elect ronics has given immense contributions to human life and automobile sector is one area in which electronics brought tremendous changes. Most of the older cars were operated manually by the driver. For example, for raising or lowering the window glasses, the driver forced to put lot of manual efforts in old cars. On the other hand, pressing a switch will help the driver to raise or lower the window glasses in new cars. The fuel tank, dickey etc can also be opened with the help of some switches in the new cars. Global positioning system is another electronically controlled modification in new cars. It helps the drivers to identify routes and locate the places. The computers inside the current cars are even capable of taking the control of the vehicle if the driver accidently sleeps while driving. Moreover, the current car equipments can even measure the alcohol levels in the body of the driver and advice the driver whether to proceed with the driving or not. Such facilities were not t here in the older cars. In short, the reliability of the current cars is far more superior to the older cars. Current cars are more fuel efficient than the older cars. The technology has improved a lot so that some of the current cars give even more than 25miles per gallon (Mpg) of petrol. Most of the older cars were delivering fuel efficiency less than 10 Mpg. Petrol or diesel is necessary for driving a car. However, the availability of petrol or diesel is getting decreased day by day because of the increased usages. Americans faced the effects of oil crisis in the seventies. The energy crisis of the seventies started in October 1973 when OPEC (Organization of Arab Petroleum Exporting Countries) and some other Arab countries declared an oil embargo upon United States in

Building Personal and Professional Competency Essay

Building Personal and Professional Competency - Essay Example The researcher states that he has applied the Concept Mapping (CM) and the combination of CM and Stimulated Recall to help him detect the degree of his personal and professional development and subsequently adjust through vocational educations based on the comparison between CM and SR benchmarked against three elements of adequacy; content, richness and coherence that aids in determining the best personal professional theory to be applied in personal and professional development. As noted by the Maslow’s theory of needs, self-actualization is key to an individual’s life. The researcher has consequently realized that for him to develop a sound personal and professional proficiency, he must recognize and appreciate the need to self-actualize. Besides, the author has developed an insight into creative and critical thinking based on his realization the importance of a rational thinker in society. The researcher’s realization of individualization and individualism has subsequently shaped his ability to work with people and subsequently recognize to appreciate one’s viewpoint. Through his life, the author has been inspired to help people realize the impact of their thoughts, action as well as feeling to the society as a whole. The researcher has stressed to societal individuals within my reach that our actions should be well thought and 3-dimensionally driven. In so doing, the author has realized the persona in him based on the outstanding feature of the problem-solving individual. Professionalism involves working with people inter-dependently, and therefore, building a team through proactively empowering people to know what kind of objectives, values, goals, and policies is an inevitability for personal and professional competency buildup. The researcher has further showcased the outstanding of personal development and communicated such benefits as increased personal control, stress reduction, realistic and creation of system balance.

Theories argue Essay Example | Topics and Well Written Essays - 500 words

Theories argue - Essay Example Three most important and frequently addressed theories related to the aging process are Theory of disengagement, Activity Theory and Continuity Theory (Bengtson, Silverstein, & Putney, 2009). This researcher finds that Activity Theory has defined the process of aging more effectively as compared to other two theories. The theory was developed in 1953 by an American sociologist Havighurst (Schulz, 2006). This theory holds that to remain lively and participate in societal activities are key factors of satisfaction for aging people. Physical and intellectual activities are important for successful aging. The theory proposes that in order to maintain a positive self-image, older members need to develop new interests, roles, hobbies, and relationships (Schulz-Aellen, 1997). This theory would explain adequately why aging people feel encouraged continue with their middle-age lifestyles by denying the limitations of old age and why they make attempts to sustain that lifestyle over a longer duration. According Havighurst activity is always preferable to inactivity since it increases the chances of the well-being of personality on a number of levels. This theory also explains why post-industrial society allowed its older members to participate in meaningful activities. The theory incorporates an improvement in the general health and prosperity of older people. In contrast to the Activity Theory, the Disengagement theory comes across as a more controversial theory. According to this theory aging is process of regular withdrawal between society and the subject aging individual. The theory holds that in growing older, withdrawal or disengagement can be considered to be a natural or universal process. In all cultures and societies this process is acceptable to elders. According to this theory there should be a social equilibrium that will promote self-reflection for elders. Old members of the society should be free from societal

Why does science matter to a democratic society Essay

Why does science matter to a democratic society - Essay Example Firstly, this form of punishment is a protective measure. For the safety of the inmates and other people in the facility, there is need to isolate people who are a threat to human life. Therefore, when a person is isolated from other inmates, the inmates’ safety is not jeopardized. Similarly, some inmates tend to have a conflict with a single inmate. This may be due to personal grudges and misunderstanding. Therefore, for the safety of such a person, solitary confinement is a prudent approach. Secondly, this type of punishment is used to limit any illegal or criminal activities. For instance, some inmates have communication avenues whilst in the prison. This communication is crucial as it facilitates criminal activities inside the facility. In some bizarre cases, inmates facilitate criminal activities outside the facility. When the inmates are noted to facilitate such activities, they are isolated from the other inmates. Apparently, this is a prudent approach to the situation. As a fact, the other inmates will not be coerced into joining the criminal gangs. Thirdly, solitary confinement is effective when the people in control are on a suicide watch. It is noted that some people exhibit suicidal behavior. For instance, Evan shot himself twice while on probation (Zennie 1). Similarly, the inmate can commit murder before committing suicide. To substantiate such behavior, the inmate is isolated from the other inmates. This may save the life of the inmate, as there will be a closer focus. Though some people are in support of solitary confinement, some people find it inappropriate. For instance, in the Daily Mail article, there are allegations that solitary confinement may have affected the behavior of attorney’s son. First, it is stated that people need a social life. This is where people interact with others, make friends,

Human resources Research Paper Example | Topics and Well Written Essays - 250 words

Human resources - Research Paper Example The departments which are likely to be affected include that of cleaners, caterers and orderlies. The hospital deals with unions by giving workers what they deserve. It involves good pay, engaging them in decision making and providing the required support while executing their mandate among many other issues (Phil, 2007). 2. Describe and discuss the three most important legal issues in human resources management. What will you do as a manager about the three issues’ respective importance? Equal employment opportunity law ensures that all employees have equal rights of being employed in any institution. A person is supposed to apply for any job irrespective of national origin, color, sex or region. However, actions are taken against those companies that discriminate against people with disabilities (McLean, Osman-Gani & Cho, 2004). Laws affecting benefits and pay comprise the employment retirement and income security Act which is responsible for health and retirement plans. Als o it ensures that employees are given annual report of the company that they are working with. Lastly, according to McLean, Osman-Gani & Cho, (2004), there is the enforcement agencies.

The Key Political Ideas Essay Example for Free

The Key Political Ideas Essay Over the past 150 years a number of new political ideas have developed and been accepted as normal practice throughout the majority of European and international society, these come from all sectors on the political spectrum; ranging from extreme left to extreme right. Most of these have been manifested in one way or another since as far back as the middle ages, but it is only in very recent history that they have really ‘stolen the limelight’. These ideas are not only responsible for forming the contemporary societies we live in, but also along the way they have influenced some of the most principal and key events history cares to remember. These political ideas that have developed can be classified into two separate categories. The first category includes liberalism and nationalism, both of which are not confined to one country, these are broad ideals and can be found in many ideologies throughout the world we live in today. The second involves the more radical and extreme ideologies such as Fascism, Communism and Nazism. The main school of thought indicates that the first category contains the base ideals for the second categories more extreme politics. For example Nationalism is widely believed to be the basis for Fascism. History is created when something changes and we look back at what it was before. The period of study is full of history, therefore it is also packed full with change and developments. Main areas of change were the specific areas of politics, societal change and economic change. 150 years ago, perhaps the most significant change in recent history was sweeping the world. Industrial revolutions were now seen as the way forward and Britain was at the heart, other countries were beginning to follow suit. Gone were the days of people and animals powering the machines that would draw in the harvest or produce the goods. Now machines would signify a better and more stable economic life for everybody. Or would they? One of the most prominent effects of the industrial revolution was that now people had lost their jobs to machines then surely they would not be needed by the owners of the means of production. It would only take a small number of men to operate the machines, surely the rest would have to look elsewhere for work? Not long before a German Sociologist and Historian named Karl Marx had warned against the dangers of the industrial revolution for the workers. His theory was largely ignored at the time of writing but by the time ten years had passed, his ideas had become widely accepted, cue Socialism. Marx had felt that the industrial revolution would shorten the gap between the owners of the means of production and the upper classes. A bourgeoisie culture would arise, but if these people were getting richer then the poor would only get poorer. The proletariat as he referred to them, would not benefit from this industrial revolution, the new economic age would only heighten the gap between bourgeois and proletariat. Only a small number of workers would benefit with the revolution, the rest left to become the minority, the ‘proles’ who had no influence or power, by the early 1850’s, the Proletariat had become the largest growing class group in Europe, yet they still held the minority status. Only a small number had joined trade unions, but the reason behind this was that they were illegal in a lot of places. For the Proletariat, any benefits the revolution may hold would have to wait in the future. Marx’s ideas would soon become a force in driving the striving proletariat into achieving what they believed to be a healthy state of living. Marx highlighted the fact that throughout the whole of history, the mode of production was decided upon by a small elite who only stood to gain from it, by making themselves in charge and reaping the benefits, whilst the majority of people would tire night and day helping the elite achieve their aims of being richer and more powerful. Marx also wrote on how every system that would take this form would be plagued with conflict, as the rich attempted to exploit the poor. He realised to the people however, that every system that relied so heavily on this exploitation had cracks that could be widened until the system eventually destroyed itself, he felt that Capitalism would eventually ‘Choke on it’s own wealth’. Marx felt that once the Capitalist system had destroyed itself, the system would be replaced by a new ideal, of a government run by, and for the people. The oppressed would turn against the oppressors, private ownership would be abolished, industry and commerce would now not be in the business of profit-making, but more to do with producing what was needed to get by. This was prophesised by Marx, who believed it would occur in the most highly advanced and capitalist countries in the west of Europe. This prophecy by Marx is yet to come true, many have tried and failed to instil the ideals, but pure Marxism has yet to be realised. By the many, it is meant that for example in Russia where the Bolsheviks, a Communist group, came to power, the country that lay before them did not comply with the stringent conditions Marx had laid for the realisation of his theory. Russia at the time of the Bolshevik revolution, was largely a backward country. Many of the citizens were illiterate peasants with no political experience whatsoever, the country had only just shown shades of industrialisation and the economy was in a terrible state. The previous system of government had been the Autocratic Tsarist system, not strictly a Capitalist system, due to the lack of industrialisation. This system of government had weakened after a series of reforms had been demanded, it eventually crumbled away leading a period of political tempest and reformation, this was then succeeded by the revolutions of the Bolsheviks, a group of Russian-Marxist Zealots led by Lenin, they seized power and later became the Communist Party. From the onset the Communist party were faced with a indomitable task, to take a country as backward as Russia and speed up the economy, prepare the people for twentieth century life and later industrialise to a similar level as the rest of Europe, whilst at the same time becoming a military power. Russia had been devastated from World War I and the only way to succeed in bringing any remote prosperity to the land was through a method of rule which involved suppressing individual power and concentrating every into state hands. The result was a term that very much summed up the Communist rule, ‘Totalitarianism’, in a way this was similar to the autocratic rule of the Tsar, but the consequences were promised to be better than the hardship and backwardness of the nineteenth century. The totalitarian system of government was not quite as apparent under Lenin’s rule as his was under his successor’s leadership. Such was the totalitarian extent of Joszef Stalin’s rule that many have substituted the word ‘Totalitarianism’ for ‘Stalinism’. The police state was everything, harsh discipline and economic limitations had to be imposed for success purposes. The government had total power, citizens were basically a tool of the state, used for work and as a catalyst to reach the utopian goal. This form of rule however, was in no way the method of reaching the utopia society that Marx had foreseen, there was absolutely no way forward for the people of Russia. This became apparent by the late 1980’s, when over thirty years after the death of the tyrant Stalin, the USSR was still managed in an authoritarian method, a huge bureaucratic regime where the people were distanced from the management and the communication routes for individual expression lay false and laden with danger. Official word of the Soviet government however was still promoting the false dream that the Socialist state had been achieved and that pure Communism was only a heartbeat away. It would not be fair to say that the Bolshevik system had replaced one evil for greater one. Since the second World War, the state of Russia had made huge strides towards security both economically and socially. By the 1980’s the USSR had become the world’s second highest ranked industrial country, living standards had risen significantly (although still lower than that of the Western Countries), and scientific and technological advances helped illustrate that the government had made good strides into educating a workforce quite capable of intelligent thought. However, coupled with this was the fact that the government was still of totalitarian stock and therefore had only reached the pivotal stage in Marxist theory, the dictatorship of the masses. There was no way that this could have progressed towards the final utopia. By the end of the decade this had finally dawned upon society, Nationalist uprisings throughout the Soviet Bloc, and internal political disagreements led to the final dissolution of the Soviet rule in 1991. The people of the great Soviet Union had been led on too long, they had finally decided that the decades of low economic standards and harsh militarial rule were no longer aimed at reaching the goal, they were just installed now to keep the people quiet. The people were grateful for the changes that had been made but were now impressed by the high standards of living that were rumoured about in the west. When the ‘Iron Curtain’ finally fell, the state of Eastern Europe was not one of complete turmoil, but the picture painted was of one of hardship, violence and oppression. If this was pure Communism then Capitalism need have very few worries. If Communism involved a police state and oppression, then at the other end of the scale was liberalism, a political ideal that was the exact opposite, designed to combat these exact values and create a state that was fit for mankind to live in humanely. European Liberalism can be first documented from the time of the French Revolution. The 1789 revolution draws largely upon liberalism as the reason why they are revolting against the oppression and autocratic rule. The classic quote from the ‘Declaration of the rights of man and the citizen’ reads ‘protection of the unprescriptable rights of liberty, security, property and resistance to oppression.’ These were basic rights that every man should have, it is a kind of humanitarian ‘communism’ whereby everybody is equal as a man and everybody is equal in front of the law, regardless of wealth or status. These ideals recurred in every demand by liberals for reform from that moment on. Following the rise of the new European Middle Classes in the early nineteenth century, a new challenge arose to those who had the power due to being born into the right family. The educated society outside of nobility were tired of being oppressed into accepting the ‘blue blooded’ constitutions that had evolved over centuries. They did not believe in the divine right to rule. They felt that the true way to run a country was through electoral motion, whereby a Parliament of educated and responsible elite took the power away from the ‘blue blood’ and made democratic decisions over what was right for the country they lived in. Yet because they were not committed revolutionaries intent on causing havoc until their demands were met, they were making very few steps towards achieving their goal of the liberal and Parliamentary society, especially when faced with experienced ministers as Metternich, the ‘main man’ in the Hapsburg Dynasty of Austria. Their suggestions were constantly laughed off, that was until 1848 when things finally came to a head. Early in this year the revolutions that had been imminent throughout Europe for almost twenty years finally were set into motion. These revolutions had been expected for a long while, the national revolutionaries were the most recognised groups fighting for change. However this time they were joined by a number of Liberal Revolutionary groups. Most of the liberals came from middle-class backgrounds and were businessmen fighting for the right to self-government and personal liberty, demanding that the servant-culture so apparent throughout the monarchical countries be severed and replaced with a freedom of speech for all policy. They managed to turn a few heads when at the end of the revolutions, their manifesto had been well received, and what seemed like a group of almost revolutionaries had managed to alter the course of political, social and economic history forever. However, with hindsight it is noted by major historians that the 1848 revolutions which had seemed so successful were not quite what they were thought to be. Trevelyan writes ‘1848 was the turning point at which modern history failed to turn.’ Recent historians suggest that 1848 did not bring much social and political change, this however is only apparent when looking from a liberal perspective, not from a nationalist view. In a number of ways liberalism ties in very well with Nationalism and the fact that both had their roots lie in the French Revolution promotes a sense of enormous brotherhood amongst them. The nationalists above all follow the idea that the ‘source of all sovereignty lies in the nation’, whilst the liberals have an intense dislike of Conservative Foreign powers. The nationalists in this sense were not racially orientated, nor were they into any kind of aggression about expansion and power, they basically wanted the same sort of brotherhood that the liberals wanted. One where the nation treats everybody similarly in the eyes of the law, and a nation where the rule of a number of elite intelligentsia will work for the greatness of that nations and not for the greatness of themselves. If liberalism was the glue that helped to initiate the revolutions of 1848, then Nationalism was by far the brush that it was applied with, it was the forerunning catalyst that engaged the need change. It was their campaign that led to the clash with the old orders and eventually caused them to give somewhat. The revolts had started a process of modernisation amongst the European System of governing, some of these changes were not strictly in keeping with the aims of the nationalist idealists. One of the more notable leaps into modernisation was the arrival of the new conservative rulers who realised that to pacify the masses they must appeal to them in a way that would suit their interests. Rulers who had before seen themselves as the divine ruler and kept unquestionable power were now beginning to see the benefits they would receive if they adopted a favourable stance towards nationalism. Before they had been opposed to Nationalism but now they saw it as a way of making the masses accept them as a king or queen, the masses could relate more to a leader if they were seen to be working for the greatness of the country at large, some rulers even went one step further by setting up institution that would now concentrate more power into the citizen’s hands. Whilst this was going on, German and Italian middle class liberalists who had failed to realise unification through the use of liberal tactics now turned away from their allegiance in favour of adopting a more nationalist stance. Middle class militants throughout Europe now grew closer intent on securing the goal of Conservative Liberalism and soon the prospect of two new states of Germany and Italy was shining through the previous dark clouds. In the Italian state of Piedmont, Camillio di Cavour was Prime Minister, he had been implementing economic policies that were proving admirable to the Italians of nearby states. His liberal stance was realised by the calculated leaders of some of the more powerful modernising states throughout Europe. They came to him with a redrawn map of political Europe with an aim of creating a new Kingdom of Italy. He already had the admiration of most nearby Italians, he was then left to use political diplomacy in order to force the Austrians out of Italy, his plans and policies proved successful and the new Italian Kingdom was just about complete when all but two states had joined the kingdom dominated by Piedmont, those two states joined ten years later. His cunning policy had gained him the success in creating a united Italian state, this was the success that had been eluding the more idealistic nationalists that wished for the same result. The same sort of thing was going on in Germany whereby Prussian Minister-President Otto Von Bismarck, was following similar policies to Cavour and soon had initiated the German state. However, in contrast to Cavour, Bismarck had won mass support for his king and together they devised a type of Nationalism that was more conservative and incorporated Bourgeois economics and popular authoritarianism. This conservative Nationalism allowed Bismarck to modernise the economy and constitution in Germany without having to become a liberal. Once these states were achieving political modernity the whole of Europe began a process of economic modernisation. This allowed the already industrialised states to become highly industrial, and also for the rest to join the industrial revolution. These changes in political styles of governing allowed the way for new breakthroughs in science and technology. Major breakthroughs in natural science coincided with the idea that science was now the way to answer all theoretical questions about life, humanity and other relevant topics. No longer the romanticism of the philosophical answers, idealism was now a thing of the past and the stage was set for the realist attitude that had been sweeping European politics to become the new and socially approved way of thinking. Nationalism provided the chance for members of the old order to restructure the way that they governed their lands, the people had called for change and conservative nationalism had provided the answer. However with Nationalism came the patriotic idea, and the danger that lay within this idea was that it could become too fierce. This did indeed happen and the resulting political ideal was perhaps the most dangerous we have seen throughout history, Fascism. The basic concept of Fascism was to ensure a process of regeneration in the areas of the social, economic and cultural ways of life through the concept of ethnic belonging and identity. Fascism was a strictly conflict theory and quite violently rejected liberal ideas such as freedom of expression and individual rights. The way Fascism works is that it is so extremely nationalist that it often leads to wars and destruction. The concept of Fascism really only arose in the early part of the twentieth century, even though it was not widely popular, there was usually a Fascist group operating in every country of any significance. The key to Fascist success lay within the mass destruction and suffering that had occurred in World War I, coupled with this physical devastation a number of countries were also in the middle of political upheaval. The fierce patriotism that resulted would be played upon by the Fascist groups. However it is safe to say that with the quite notable exceptions of Germany and Italy, Fascism in itself never managed to do much in the rest of Europe. In both Italy and Germany the Fascist movements managed to manouvere themselves into power, which would last until the end of World War II. The result as we know is a period of intense totalitarian rule that would lead to the deaths of millions of people. It seems easy to write but it is almost impossible to get across on paper exactly how in tense this Fascist-era was. The major Fascist force throughout Europe was the Nazi Party in Germany, although Mussolini was the founder of the ideal and the first leader, he was in effect extremely weak and ineffective. Hitler’s Germany on the other hand was a well-oiled Fascist bandwagon that kept going from strength to strength. Hitler’s plans to destroy an old and unfit Germany and replace it with the most potent nation in the world was no secret. Through the abolition of democracy and such institutions causing a person to choose, Hitler’s Nazis managed to remove anything that would cause National divisions. The replacement was the implementation of the Third Reich ideal, something that the German’s as a people could work towards, the core and the roots of the new healthy Germany. The Third Reich promoted German culture, youth and it’s importance to securing future strength and above all an allegiance to the Aryan ideal both physically and mentally. Nazism used this ethnic ideal to create it’s foreign policy, this was the same foreign policy that would lead to world war. Firstly it involved the unification of all German’s into a mother country, then once that objective had been fulfilled they would initiate the imperial policy of a Nazified Europe free from all racial enemies. It was this myth of Nazi superiority that really appealed the Germans as a people. Nazi literature would write of scientific proof that Natural Selection had led the Aryan to becoming the most advanced race on Earth, this theory of Social-Darwinism also prescribed that the Jewish race were the ‘primates on the chart’, the least evolved of all races, and it was this that was supposed to excuse the barbaric nature with which they were dealt with. This culturally based belief was one of the two most significant parts of Nazism as a political ideal. The second was the development of a modern economic structure and a modern social stratification system. Even after the devastating terms of the Treaty of Versailles, German society was still one of the most advanced in the world. The Governmental infrastructure was superior and the standards of education and living really were good in context. Coupled with the huge economic potential of industry Germany were still near the top of the power structure in Europe. One advantage that the German’s had, was their deep belief in culture and identity. They respected their history and had utmost respect for great Germans, this is why they were not really ready for democracy. They had been living under Autocratic rule for a long time and to simply adjust is not as easy as it sounds, it was almost inevitable that a dictatorship be formed as the people were more or less crying out for it . Hitler’s take on Fascism was far more extreme and committed than that of Mussolini’s. The German had a great deal more commitment to the Totalitarian principle, the race based ideology. Mussolini on the other hand was a little more liberal and didn’t really have a watertight plan as to his aims. This is not to say that the Italian was not committed, and Italian Fascism is still radical. In Italy Fascism was far less effective than in Germany and it did not really enter into peoples lives as much as the German take on it. However the two ideals came together when it came to overall aims, for Italy the idea was a rebirth of the Roman empire that once had made Italy so great; for Germany the concept was the re-aryanisation of Europe to create the ideal national community. Vitally important to both states were the state economies. Germany’s economy had been struggling since the double impact of the Ruhr crisis and the Wall Street Crash, she had been keeping extremely low reserves of foreign currency and her Balance of Payments was in drastic deficit. However, the Nazis employed Schacht to control the economy, he was a supremely efficient economist and by clever manipulation managed to produce impressive and more than stable results. The Italian economy on the other hand was fluctuating between ‘bad’ and ‘worse’ when Mussolini and his crew took charge. Mussolini took on board his own concept of the ‘corporate state’, whereby socio-economic classes lived and ruled themselves in harmony. The ‘corporate state’ however was merely a myth and the result was that behind it Mussolini was approving economic supremacy for propertied interest. The plan for it to yield prosperity for all was ludicrous. The Nazi party were also in the business of creating a huge social change throughout Germany, this was a plan to create a harmonious people who would stay allied to the cause. This was not quite as important as the economic program but no less effort went into it to ensure that it was successful. The truth is however that no matter how hard they tried the Nazis could not attain the social revolution they wished for. In the end they had to settle for a contented society, not one who were happy all the time with the government. One thing that they did manage though was the near elimination of unemployment, this was a minor miracle in itself, especially considering that in 1929 almost 6 million Germans were receiving no salary at all. The rise in production and sales figures for consumer goods in the early thirties suggest a rise in the standard of living. Because of the lack of commitment in Italy, the Fascist period for them was one of a decline in living standards, researchers have found it hard to put an accurate estimate on the extent of the decline, but one of the best estimates is that a farm labourer lost half of the value of his real wages in the period 1929-1937. One thing that the Fascists did give was a range of benefits for the worker, such as sick pay, holiday pay, severance pay and end of year bonuses. Many of these benefits were important to the Fascists and their success is easy to see as most are still in use today in all industrial countries. Over the past 150 years, it is quite clear that some of the political ideas have in some way or another influenced the change and development that has occurred in society. Some have influenced society in a positive way, whilst others have perhaps added a negativity to society. Socialism has helped highlight the fact that it is easy for Capitalist systems to neglect and exploit the worker. The reaction to this has been to make a number of reforms and draw up a list of workers rights. If Socialism had not been realised then even today we may still see men growing extremely rich upon the exploitative toils of the common worker. As it is men do grow rich off of workers toils but the exploitation is certainly not considered a regular problem in European society. The extremity of Socialism, Communism however has illustrated that attempts to create utopian societies are more or less in vain as human nature dictates that the equality and economic similarity cannot be achieved. Liberalism and Nationalism are perhaps the most influential political ideals that have come about in the last century and a half. They have helped design the standard style of government for contemporary society, whereby democracy prevails and the issues of the masses are dealt with in a way that best suits them by people they have elected to represent them. The Nationalist approach has seen the modernisation of economies and encouraged all European countries to industrialise. This has been for the good of all as a more stable economy creates greater employment and subsequently a better standard of living. The Fascist and Nazi dawns have obviously shed a darker light on the development of society. They have shown how barbaric people can really be, however had they not occurred then society would be a different place. They have helped show that in a multi-cultural society extreme racism is not acceptable, and hopefully with the disastrous consequences they inflicted upon themselves, they will have dissuaded people today who may have the urge to try and take over Europe. The basic underlying theme is that without these ideals then the world as we know it today would be different, our economies have been modernised by them, our living standards have been raised by them and our political influence has been greatened by them, these are the three most significant changes they have influenced and the fact they have covered social, economic and political factors is an example of how important the development of new political theories and ideals is. What these political ideals have left us with is the latest theory, and the one that many societies use today, Liberal-Capitalism is believed to be the end of history. The way in which free market business is encouraged, yet the exploitation of the common worker is not the norm. Whether this is the end of history is yet to be determined, for we don’t know whether Marx’s pure, utopian Communist society will happen, or whether a Fascist regime that has all the appeal to control Europe could occur. In my opinion these ideals have contributed to the development of the fairest society possible today, but tomorrow who knows?

Latin Terms for Legal Studies Essay Example for Free

Latin Terms for Legal Studies Essay Two of the more important maxims (guides or aids) commonly used by the courts are (pg. 20): Noscitur a sociis: (It is known from its associates) is used where a word is ambiguous or unclear in a group of specific words. Its meaning is limited to the same class or types of things as the specific words. Ejusdem generis: Means of the same kind, class or nature and is known as the class rule. Under this rule, the broad, general word is limited to the same class as the more specific words preceding it. Under subsidiary legislation (pg. 23): Ultra vires: Beyond one’s legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent may comprise res judicata, ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties, there is a definite issue and the court has so decided the issue acting within its jurisdiction. Judgement in the strictest sense. Only applies to the immediate parties. Ratio decidendi: It’s the reason for the decision. In a case, in addition to the res judicata the legal reasoning upon which the decision in that case was based may be used by judges in future cases when confronted with similar facts. This is called the ratio decidendi of the case. Obiter dictum: Anything else said about the law in the course of a judgement that does not form part of the matters at issue is called obiter dictum (sayings by the way). It has no binding power, although it can exercise an extremely strong influence in a lower court, and even in a court of equivalent standing, depending on the court and the judge. Stare decisis: Process of following an established procedure, which literally means ‘to stand by a decision.’ Obiter: Said in passing. / Said by the way. Under Hierarchy of Precedents : Pari materia (pg. 32): Of the same matter; on the same subject. The phrase used in connection with two laws relating to the same subject matter that must be analyzed with each other. Per incuriam (pg. 33): Literally translated as through lack of care, per incuriam refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. CHAPTER 3 Under Constitutional review (pg. 49): Â  ab-initio: From the beginning; from the first act; from the inception. An agreement is said to be void ab initio if it has at no time had any legal validity. Under Statutory interpretation (pg. 49): Sui generis: Of its own kind or class. That which is the only one of its kind. Under Magistrate Courts (pg. 54): Mesne profits: The profits of an estate received by a tenant in wrongful possession and recoverable by the landlord. Ex parte (Lost the page, sorry!): On one side only. Done by, for, or on the application of one party alone.

Importance Of Personal And Professional Skill Education Essay

Importance Of Personal And Professional Skill Education Essay The skill development is not a new concept, but it is becoming increasingly important. The continuing pace of change in business and management means that what we learned in our initial training courses soon becomes dated and irrelevant. It has been estimated that the half-life of skilled knowledge is about seven years. Furthermore, the amount of knowledge and skills continues to increase. Business and management has become knowledge intensive: we have entered the skilled-based economy. In this new world, it is impossible for us to know all that there is to know, yet access to the skilled and knowledge base is increasingly readily available. So what will make us developed skill specialist, rather than poor ones, is that our knowledge is more relevant, and more current, and is applied more efficiently and effectively. The work-place has also changed, with the result that in business and management are expected to have a wider range of skills. We increasingly work in teams on projects and much of what we do is virtual rather than tangible. As one project ends, another begins, and so we move from project to project, from team to team, and from one work-place to another. Indeed, for many, the increasingly itinerant nature of work leads us into several different careers during our working lives. These are strong, compelling reasons for professional development skills for manager, but there are many more. A better informed and more sophisticated public is demanding a higher duty of care and level of service from skilled workers. Linked to this is the increasing risk of claims for negligence from professionals deemed to have failed in their duty or given poor advice. Within organisations, modern quality management systems demand that qualified people are in place to make decisions. If we do not respond to this challenge, we face the prospect of becoming irrelevant. If, as skill professionals, we assume that our old time-served competences will last a lifetime, we will find ourselves becoming candidates for redundancy. The organisations we work for equally run the risk of failing to provide the new products and services that the market requires, resulting in decline. And so we need to learn continually as we work. This requires a skill set all of its own, a skill set we need to learn for ourselves as teachers and mentors, and a skill set we need to instil into our learners for their future benefit. TASK 2 Above we discussed importance of which we might assess our professional and personal development skills. However, what is missing is the route by which we might achieve its objectives. In this case four step approach is used: STEP 1 Profiling Ourselves This is the starting point for our individual professional development plan and should contain the ingredients from the table below: Working Life List strengths and successes Identify expertise that has not been exploited Skills inventory Rate skills and competences on a scale of 1-5 Identify skills needing further development Values, attitudes and beliefs Review the opinion of others Evaluate your own views and opinions Learning skills Identify types of learning preferred STEP 2 Define the Strategy Our development skills need to be correctly focused for maximum impact so that it meets both our individual development needs and those of the organisation for which we work. For Example If our employer has in place an annual staff review and appraisal process, then our individual aspirations and the organisational goals may have been reviewed, and a training and development plan agreed for the foreseeable future. Otherwise, we should discuss our skill development needs with department. STEP 3 Develop an Action Plan Putting the strategy into action can be the biggest challenge. An action plan can help. An effective action plan has four key ingredients: A clear statement of the goal to be achieved The actions required to achieve the goal The target timescale for achieving the goal Criteria to assess when we have reached our goal In order to deliver the action plan, we will have to seek out opportunities for learning and skills development, ideally in partnership with our employer. And since professional development benefits both the employee and the employer, we might find that our employer asks us to make a contribution to our own professional development, by committing some of our own time and perhaps by sharing the costs. Having established our action plan, we next need to decide how we are to go about the learning process. STEP 4 Evaluation and Reflection As we have seen, good development skills rely strongly on self analysis and appraisal to develop our personal profile and to analyse our preferred learning styles. This is not necessarily easy for a number of reasons. First, it can be hard to understand ourselves and see ourselves as others see us. Second, reflecting on skills and competences is not something that we are necessarily trained to do. Third, as the pace of life continues to increase, it is not easy to find time for self analysis and reflection. Mentoring is one way of overcoming these problems. A mentor is someone who can advise and guide you in your career. He or she has a number of roles as an appraiser, a supporter, a communicator and a motivator. The relationship therefore is different from that between a superior and his/her subordinate, and it is unlikely that a manager can carry out these functions. A good manager has coaching skills, is trustworthy, respected and is free from major distractions either within or outside the workplace. OUTCOME 2 TASK 3 Research commissioned by the British Audio Visual Society in 1988 suggests that we remember 10% of what we read, 20% of what we hear, 30% of what we see, 50% of what we see and hear, 80% of what we say and 90% of what we say and do at the same time. For this reason, professional recommends that we integrate learning and working, so that we improve our development skills within the context of our work using real-world problems. Then the time and effort we invest in professional development is rewarded by immediately assisting us to complete the task in hand. Senior skilled professionals believe the immediate usefulness of the learning greatly improves our motivation to learn. Whilst this may be generally true for groups of people, as individuals, we each have our own preferred learning styles. There are many ways to categorize learning styles, but the simplest places learners into one or more of three categories: Visual those who learn best through their eyes and what they see and read. The ideal learning approaches in this case will involve studying magazines and books and learning online. Auditory those who learn best by hearing things, either on tape or in discussion. Dialogue and discussion is important to their learning process. The ideal learning environment is the classroom, but discussions with colleagues and audio tapes can also be useful. Tactile those who learn best by doing, such as taking their own notes or participating in demonstrations and hands-on projects. Ideal structure: magazine and online learning; classroom that encourages participation. OUTCOME 3 TASK 4 The basis for my personal development plan is my ability to look inward into what are my values, who I am, my beliefs, strength and weakness. I was able to reflect and know myself and how I can transform my values into crucial tools that would help my professional development rather than be at the drawback of the clients that would need help in the future. Most counselling and therapy approaches believe that relationship between counsellors and client is very important. Certainly, effective communication between counsellor and clients is an aspect that aids the key elements of a sustainable therapeutic relationship, which includes empathetic understanding, genuineness, unconditional positive regard and trust (Copeland, 2002). It is recommended, that throughout counselling, clients should be free to give feedback and raise concerns about the counselling relationship. I have used the same relationship style in relating with my approach to address conflict and open to change. My research on this study has helped me to readdress my time keeping, studying more and writing more in my personal journal. In accordance with the SMART AND SWOT analysis, I use reflective practice to evaluate and draw my personal and professional plan. Reflection, or rather reflective practice, contributes to professional development by revealing the knowledge and skills used in everyday practice, and exposing areas that require development (Driscoll The-2001). The values that I prioritise in my professional development plan are respecting clients human rights and dignity, and also ensuring the integrity of practitioner-client relationship. Moreover, what is critical in practitioner client relationship is the issue of power discourse. However, what comes to mind is that power is also a potentially destructive weapon that can be used to oppress and exploit people and could lead to abuse in counselling and psychotherapy practice (Thompson, 2003). The principles that I have learnt and hope to adopt in my work with my case study in balancing power relations and dealing with forms of oppression include benefi cence, empowerment and advocacy. Personal SWOT analysis Strengths Im very creative. I often impressing clients with a new perspective on their brands. I communicate well with my clients and team. I have the ability to ask key questions to find just the right marketing angle. Im completely committed to the success of a clients brand. Weaknesses I have a strong, compulsive need to do things quickly and remove them from my to do list, and sometimes the quality of my work suffers as a result. This same need to get things done also causes me stress when I have too many tasks. I get nervous when presenting ideas to clients and this fear of public speaking often takes the passion out of my presentations. Opportunities One of our major competitors has developed a reputation for treating their smaller clients poorly. Im attending a major marketing conference next month. This will allow for strategic networking, and also offer some great training seminars. Our art director will go on maternity leave soon. Covering her duties while shes away would be a great career development opportunity for me. Threats Simon, one of my colleagues, is a much stronger speaker than I am, and hes competing with me for the art director position. Due to recent staff shortages, Im often overworked, and this negatively impacts my creativity. The current economic climate has resulted in slow growth for the marketing industry. Many firms have laid off staff members, and our company is considering further cutbacks. TASK 5 The leadership skills have following functions in relation to Task, Team and individual needs.          i). Defining the task it should define the task  with clear, concrete, time limited, realistic and challenging objective so that his followers can understand properly and complete the task in time. The end of the task should also be defined to make members aware about the success criteria.          ii). Planning of the work Leader should do proper planning on the procedures to be adopted in an open mind before starting the work. The questions based on what, why, when, how, where and who should be answered during making a simple and fool proof plan. Sometimes leader presents ideas and invites question from followers or he suggests tentative plan subject to change afterwards.          iii). Delegation of works Leader gives briefing about role of every individual in task and delegate work accordingly to create the right atmosphere, to promote team relationship and to encourage and motivate all team members.          iv). Controlling   Leader controls their team by directing, regulating, restraining or encouraging individual and team efforts on the task. Leader needs to exhibit self-control over his own sentiments and to have good control systems for effective monitoring financial and task performance for controlling others problem. TASK 6 The concept of personal and professional development is closely related. It could be explained that both concept impacts on one another, depending on the aspect at which we perceive the terms. According to Maslow (1996) Personal development refers to individual self development and the development of others. In addition, personal development may involve programs, tools and methods. As an individual, my personal development includes plans or actions oriented towards one or more of the following aims: goals, developing strengths, improving self-awareness and self-knowledge, building or renewing identity, identifying or improving potential, building employability or human capital, enhancing lifestyle or the quality of life, realising dreams and fulfilling aspirations (Bandura.1997.Jasper.2006). In my personal development, I learn information that will help me become more efficient, successful and happy according to (Peter, 1999). In the UK, personal development took a central place in university policy in 1997 when the Dearing Report declared that universities should go beyond academic teaching to provide students with personal development. In 2001 a Quality Assessment Agency for UK universities produced guidelines for universities to improve personal development as a defined structured and a support process set by an individual to reflect upon their own learning, performance, achievement and to plan for their personal, education and career development (Speck-Knipe.2005). Conclusion Using reflective practice, I have demonstrated in this essay the experience of my personal and professional development. I have differentiated between these two concepts and have also explained how they are intertwined to produce quality and efficient professional relationship in me as a potential counsellor. I have taken on board some core professional values such as trust, confidentiality, developing, professional, relationship and self-assertiveness as principles that underpin my professional development. I hope to apply these valuable experiences to practice as I work with other multi-disciplinary teams to assess service users needs and the law and ethical implications that could arise in the course of my placement. Applying for placement has not been easy hence I am yet to find a place. More importantly, as a student counsellor, the question is how does reflective and reflexive influence who I am? This is an on-going question for me to answer, as I continue with my learning unti l I take off counselling hat, though there is still room for improvement as I consider myself to be a work in progress.

Essays --

The executive branch enforces and carries out laws made by the legislative branch as long as they are approved by the head of state. You can find the executive branch in the constitution by looking up article 2. The executive branch consists of the president, the department of defense and many security agencies. To be the president, you must be a native born citizen, which means that you were born in the United States or someone who was born somewhere else but both of their parents are U.S citizens. You also must be at least 35 years old and have lived in the United States for 14 years. The president is elected when the people in each state vote republican, democrat or independent. Once they tally the votes up for each state, if it has more votes than the other party, then that state will usually turn to the winning party. Each state has electoral votes. Electoral votes are the votes casted by the representatives for each state in the Electoral College. These votes are determined by the population of a state. The Electoral College consists of 538 members, each states number of electoral votes it has are equal to the number of senators and representatives it has. The higher the state’s population, the more electoral votes it has. You add the 435 representatives, the 100 senators and the 3 electors from the district of Colombia. The number of votes adds up to 538 votes. That’s why the presidential candidates always try to win the big states like Texas, Florida and New York because by the winning the big states they can win the electoral vote and most likely win the election. You can win the popular vote (which is the vote of the people) and not the electoral vote and still win the election but it rarely ever happens. There is a pres... ...ch. The national government has many powers. Their powers include regulating interstate and foreign trade setting standard weights and measures, creating and maintaining armed forces, making copyright and patent laws, establishing postal offices, establishing foreign policies, creating federal courts, coin money, declaring war and finally admitting new states. The State Government also has many powers. Their powers include creating corporation law, regulating trade within state, maintaining schools, establishing local governments, making laws about marriage and divorce, conducting elections and finally providing public safety. The national government and the state government share some powers but not many. These powers include providing for public welfare, administering criminal justice, chartering banks, raising taxes, and borrowing money.

The Diviners: How Does Morags Past Influence Piques Life :: essays research papers

The Diviners: How does Morag's Past Influence Pique's Life Pique is the inheritor of French-Indian and Scottish-Canadian roots. She is raised her mother in Canada and England. However, her growth is affected by Morag's life style and Morag's past life. There are three events in Morag's past that affects Pique's life. Morag moves away from Christie when she goes to college and she rarely comes back to Manawake, "Going to Winnipeg this fall. To college. And I'm never coming back." She does not seem care for her stepparents. In certain respects the parent-child relationship between Morag and Pique resembles the one between Christie, the Scavenger, "You've never had somebody tell you mother was crazy between she lived out her alone and wrote dirty books and had kooky people coming out from the city to visit?" (P.446) And both, in different ways, attempt to deny their parents. At one point, Pique, having run away from home, ends up in a mental hospital in Toronto after "a bad trip", "Can't you see I despair you? Can't you see I want you to go away? You aren't my mother. I haven't got a mother." (P.111) Furthermore, Morag does not get married with Jules. When her husband is Brooke Skelton, she has a sexual relationship with Jules and gets pregnant. Later, Pique is aware that Jules is her father. Pique has an idea about why she is different from the others because a typical family should have a mother and a father, but she comes from a single parent family. When Pique first meets her father she is at about five years old. Jules sings a song to Pique which she finds fascinating and meaningful to her. Pique, at 18, is more mature than her mother at the same age. She loves her father very much and wants to live with him, however, Morag does not approve that Pique should stay with Jules, "Why did you have me?" "For your own satisfaction, yes. You never thought of him or of me." We are aware that Pique needs care and love from both of her parents because Morag cannot fulfill Pique's desire. She runs away in search of what she thinks she is missing all along, which she, herself is not sure what it is. Later on, she dates Dan McRaith, who is a husband of Bridie. They have a abnormal friendship between them. As we know Dan Scranton and Gord are boyfriends of Pique. It is coincidental with Morag's boyfriend first name is also Dan. These two individuals occurs in Morag and Pique's life as their names are the same.

Achilles vs. Hector in the Iliad :: Iliad essays

Achilles vs. Hector in the Iliad In the Iliad, many of the male characters display heroic characteristics, consistent with the heroic warrior code of ancient Greece. They try to win glory in battle, yet are often characterized as having a distinctly human side. They each have certain strengths and weaknesses, which are evident at many times throughout the conflicts described in the Iliad. Prime examples of such characters are Achilles and Hector. These two characters have obvious differences in their approaches to fitting the heroic mold to which they both try to conform. However, despite their differences and the fact that they are fighting for opposing armies and meet each other with hatred in battle, they also have numerous similar traits which logically lend themselves to a comparison between the two men. They both display behavior that could be described as heroism. The first way in which Achilles, who fights for the Greeks, and Hector, who fights for the Trojans, act differently is how they approach war and the inevitable violence and death which accompany it. Although Achilles knows that he is fated to be killed in battle, when his faithful and devoted friend Patroclus is mercilessly and dishonorably cut down in combat, he puts aside his pride and chooses to temporarily forget about his previous feuds with Agamemnon that have up until now prevented him from participating in the war. He joins the fighting with a deadly and vengeful mindset that will likely play a major factor in the outcome of the war. Today, this lust for revenge might be considered a glaring character flaw. However, this passion for retribution undoubtedly conforms to the heroic code of Greek society. Meanwhile, Hector is full of indecision and reluctance about whether to take part in the war. He too believes that fate has dictated that he will be killed in battle. He spends much time with his pleading wife Andromache, who begs him not to go to war, both for his sake and for his familyÕs. He does not want to die and thus widow Andromache, leaving her "at the loom of another man." Indeed, when he bids farewell to his young son Astyanax, clothed in his shining war gear with gleaming helmet complete with plume crest (the

Ratio

Ratio decidendi and obiter dicta Learning objectives At the end of this module, you will be able to: * distinguish between ratio decidendi and obiter dicta. * apply well-established rules to identify the ratio decidendi in a decision. This module is intended as a useful exercise in revision. If you are certain that you understand how to discover the ratio in an opinion, you should skim lightly over this material. What is the ratio decidendi? As you probably recall from your studies, the term ratio decidendi is a Latin phrase which means the â€Å"the reason for deciding†. What exactly does this mean?In simple terms, a ratio is a ruling on a point of law. However, exactly what point of law has been decided depends on the facts of the case. | The importance of material facts As Goodhart A L (1891–1978) pointed out long ago in the 1930s, the ratio is in pratical terms inseparable from the material facts. Goodhart observed that it â€Å"is by his choice of material facts t hat the judge creates law†. By this Goodhart meant that the court's decision as to which facts are material or non-material is highly subjective, yet it is this inital decision which determines a higher or lower level of generality for the ratio.Goodhart's reformulation of the concept of the ratio was the subject of heated debate, particularly in the 1950s. Compare Goodhart's concept of the ratio with Lord Halsbury's statement that: â€Å"Every judgement must be read applicable to the particular facts proved, since the generality of the expressions which may be found there are not intended to be the expositions of the whole law but govern and are qualified by the particular facts of the case in which such expressions are to be found. Lord Halsbury (1901)What, if any, is the difference between Goodhart's material facts and Halsbury's particular facts? | What are obiter dicta? Obiter dicta is a Latin phrase meaning â€Å"things said by the way†. Obita dicta are not bindi ng (unlike the ratio), but they may be regarded as persuasive in a future decision. The weight given to dicta usually depends on the seniority of the court and the eminence of the judge in question. Obiter dicta are judicial opinions on points of law which are not directly relevant to the case in question.They are made when a judge chooses to give some indication of how he or she would decide a case similar, but not identical, to case under consideration. These statements are often meant to clarify the legal principle which the judge proposes to apply in his or her judgement. For this reason, obiter dicta often take the form of analogies, illustrations, points of contrast or conclusions based on hypothetical situations. Obiter dicta in one case might be adopted as ratio decidendi in subsequent cases. This occurs when a situation regarded as hypothetical by one judge arises in a subsequent case.Distinguishing between ratio and obita is not always simple. When questioned regarding the difference between ratio and obiter, Lord Asquith once remarked that: â€Å"The rule is quite simple: If you agree with the other bloke you say it is part of the ratio; if you don't you say it is obiter dictum, with the implication that he is a congenial idiot†. Although intended humorously, this remark has a good measure of truth. | Ratio decidendi and obiter dictaHow well do you recall the concept of the ratio decidendi from your undergraduate studies?Take a moment to read through the following statements: * A ratio decidendi is not an abstract principle, to be applied in a deductive fashion to a later case. Instead the ratio is a ruling on a point of law in relation to a specific case. * Only the ratio binds an inferior court. Cases themselves do not bind. * If the court is not required to make a ruling on a point of law, its decision will not give rise to a ratio. * There is no requirement for each judgement to contain a single ratio and no more. Multiple rationes are qu ite normal. Not every statement of law contained in a decision is necessarily ratio or obiter. A judge may refer to a principle only to express his or her disagreement or for the sake of completeness. For a statement of law to be ratio or obiter, the judge must express his or her explicit agreement with the principle. These are not mere niceties of legal doctrine. Bearing these points in mind will help you when you come to identifying the ratio in a judgement. | Finding the ratio decidendi Identifying the ratio in a judgement is frequently difficult.Judges are under no obligation to label the different parts of their judgement as ratio or obiter. In most cases, you need to read the entire judgement to determine the ratio. Some of the reasons for this include: * length of judgements. Many judgements are extremely lengthy and are written in dense, legal language. The ratio may not be expressed in a single sentence or even a single passage. * the lack of an explicit ratio. The extreme example of this is the judgement in Raffles v Wichelhaus [1864] 2 H&C 906. This famously consisted of a single sentence: â€Å"There must be judgement for the defendants†. the existence of multiple lines of argument. Some arguments will be ratio, others will be obiter and others might be neither. * uncertainty regarding which facts were material to the judgement. Judges sometimes fail to indicate which facts are significant and which are not, making it difficult to determine the appropriate level of generality at which a ratio should be stated. In some instances, a case will establish a legal principle which is refined over time, being broadened or narrowed as the result of successive judgements. | Why does finding the ratio have to be so hard?At the Tenth Commonwealth Law Conference, Bennin F A suggested that it would be better if judges were more explicit regarding the legal rules which they set down in their decisions. The answer given by Kirby J on this occasion was that judges would be reluctant to do so as â€Å"the discursive nature of their judgments is the historic basis of the development of the common law†. Bennion has argued that â€Å"there seems no reason why a judgement could not contain both a brief ‘legislative' passage and an accompanying discursive explanation†.What difficulties, if any, can you see with this suggestion? | Ratio in appellate decisions The problems associated with identifying the ratio in the case decided by an individual judge are multiplied in the case of appellate decisions. Most applelate courts sit with a an uneven number of judges. To discover the ratio of an appellate decision, you need to determine the ratio in the case of each individual judgement. The rule is that only the rationes contained in the majority judgements need to be considered.If a majority of judges agree on the same reasoning, you have identified a single ratio. Otherwise, there might be multiple rationes, or even none. Case s without a ratio In a some cases, there may be no majority support for any particular ratio. In such instances, subsequent courts tend to assume that all that is binding is the judgement itself. This means that subsequent cases will be decided on the basis of the decision only when the material facts are almost identical. This is not a purely theoretical possibility.In Paykel v Commissioner of Taxation (1994) 49 FCR 41, Heerey J applied the judgement of the majority in Hepples v Federal Commissioner of Taxation (1992) 173 CLR 492, despite the lack of a discernable ratio in the former decision. Finding the ratio There are a number of rules of thumb that you can use to determine the ratio decidendi. These include: * distinguish the facts which the court regarded as material from those which appeared unimportant. * discover the precedents applied. These will provide an indication of the court's approach. * in deciding the ratio, restrict your analysis to the opinions of the majority j udges. read subsequent decisions to find how the decision has been interpreted. The ratio that becomes recognised as a rule of law may not be the ratio that apparent in the original judgement. The last point is one that is sometimes overlooked. In many instances, the ratio in an individual judgement is less important than the legal principle for which a line of cases can be cited as authority. When reading a judgement, consider it at several level. Apart from reading the decision for what it actually says, read it also in terms of its subsequent reception.Assess the arguments of the judges and the advocates in the context both of the case and the future development of the law. If you are building an argument on the basis of a particular case, it is often dangerous to look at the case in isolation. In finding the ratio, it is often useful to consider the way in which judgements are written. Although there is no standard model, they often follow a broad pattern. In most cases, the jud gement is divided into three sections: * the facts agreed or proven * the range of applicable legal principles * the application of the appropriate principle to the facts.There are a number of formal tests that have been devised to assist in discovering the ratio. Two of the best known were developed by United States jurists: these are Goodhart's Test and Wambaugh's Test. Goodhart's Test Goodhart proposed these rules for finding the ratio decidendi: * The principle of a case is not found in the reasons given in the opinion. * The principle is not found in the rule of law set forth in the opinion. * The principle is not necessarily found by a consideration of all the ascertainable facts of the case, and the judge's decision. The principle of the case is found by taking account (a) of the facts treated by the judge as material, and (b) his decision as based on them. * In finding the principle it is also necessary to establish what facts were held to be immaterial by the judge, for the principle may depend as much on exclusion as it does on inclusion. Goodhart's Test has gained considerable popularity. However, as stated above, it is not without its critics. Wambough's Test Eugene Wambaugh (1856–1940) developed an older, but still useful, test. Warmbough's Test first appeared in a book published in the United Sates in 1894.Like Goodhart's Test, Wambaugh's rules focus on the question of what facts are material and which are not. Wambaugh begins with the observations that * no matter how accurate a legal proposition may be it does not necessarily form part of the ratio decidendi. * the proposition is not governed by all the facts, but by the material facts. Wambaugh recommends that you take the following steps if you think you have identified a potential ratio in a judgement: * frame the legal principle that you have identified from a judgement. invert a word or phrase which reverses the meaning of the principle. * ask yourself, if the court had the inverse principle in mind when reaching its decision, would it have reached the same conclusion? * if the answer to this question is yes, then your original proposition cannot be the ratio. Note that Wambaugh's Test works only with cases with a single ratio. Summary This module dealt with the following: * distinguishing between ratio decidendi and obiter dicta. * applying well-established rules to identify the ratio decidendi in a decision.