Friday, May 31, 2019

Unfulfilled Dreams in Amy Tan’s Two Kinds Essay -- Two Kinds by Amy Ta

The shortstop story Two Kinds written by Amy convert is about conflict between a mother and daughter. A mother tries to live her manner through her daughter and her daughter rebels. The prominent theme of this short story would seem to be unfulfilled dreams. After losing everything in China, the mother of Jing Mei comes to America with the dream that Jing Mei will have it all fame, fortune, and around of all success unlike herself. Little does she know, her dream will be short-lived. All Parents have dreams for their children. A lot of parents want their children to succeed in life and push them to do so. Some parents want their children to be just like them, but most of the time parents push their children to do things that they were never capable of doing. in that respect are some children who listen and do as their parents say but there are some who choose to be their own person and comply their own paths, not those of their parents, like Jing Mei. Young children want to fo llow dreams of their parents, it is not until they get older when some realize it is not for them and begin to make t...

Thursday, May 30, 2019

Heroes and Heroines :: Fiction Comics Papers

Heroes and Heroines Who the heck are you? Victor Frankenstein cried. What the heck are you? I am the wretch created by your sexual love Elizabeth, cried the vaguely female wretch. Elizabeth has passed the limits of the human realm and in her feverish pursuit of the essential knowledge of the world she has spawned the being that you now see before you And what do you want from me, you frightening monstrosity whom my innocent and sheltered eyes should never have been made to look upon? The wretch snickered. I am a irrational random variable of Elizabeth, her child, brought forth by her own hand. She has forsaken me, cast me aside and thus made me miserable Therefore I have vowed to destroy everything she loves, even tonic and mild Victor, just as she destroyed all happiness for me. Rrrrr Oh, help me Help me Victor Frankenstein cried. Oh Oh Now wait just one second. Very funny, moreover thats not how the story goes. For one thing, Victor Frankenst ein does not squeal like a-girl? Victor Frankenstein created the monster. Victor Frankenstein was the ambitious one who took his experiments too far. A monstrous version of Victor destroyed everything he loved. Elizabeth was sweet and mild. Elizabeth was the innocent who died because of Victors work gone wrong. Frankenstein would have been a remarkable book if Elizabeth had interpreted on Victors part, if Victor had taken on Elizabeths part, and if the wretch had been female. Imagine Victor staying at home and being the best example of the sweetest nature anyone ever did see. Imagine Elizabeth storming acros the icy mountains after the wretch, and figure the wretch demanding a husband to be a boon to her, sweet and supportive company when she became tired of the world. Switching the gender roles in such a way would be comical because thats not the way its done. When we read about, watch, or listen to our fictional heroes and heroines, we expect certain behaviors from th em. We have a set of rules by which we define male and female characters, and characters that dont adhere to the general rules are anomalies and misfits.

Factors to Childlessness :: Reproduction, Sweden

Factors associated with the trends in childlessness (1000 words )Trends in marriage, trends in formation of familyDrawing from the literature.Role of voluntary and impulsive factors (1000 words )Is childlessness due to infertility or by circumstances or choice?- Drawing from the literature. The risk of childlessness is increased with the delay in the first birth. The fosterage span is also reduced and so is the number of children. Changes in educational level also leads to postpone ment of fertility.(Olah and Bernhardt 2008). High tolerance towards childless ness is run aground in the Post modern values dominant in Sweden propagate the importance of leisure and friends in life and children though considered of the essence(predicate) , are non needed for a fulfilling life (Olah and Bernhardt 2008). The tertiary educated women in Sweden is seen to have higher rates of childlessness than others(Olah and Bernhardt 2008Sweden observed highest female labour force participation in Eur ope and was considered as the major reason for the fertility decline in 60s and 80s in Sweden along with the post modern values and contraception use which provided more(prenominal) control over childbearing to the women(Olah and Bernhardt 2008))Contradictory to the above, Sweden , who is the forerunner in the second demographic transition, has observed the European highest and Sweden starting timeest fertility trends which have fluctuated greatly in 1960s and 70s (Olah and Bernhardt 2008).With the dominance of the post modern values in this increasingly secularised society, Sweden boasts of having one of the highest ideal family size in the European union and childlessness is relatively low (Olah and Bernhardt 2008). Sweden also has the highest amount of labour force participation in the entire Europe and the education among women is also as high as the men(Olah and Bernhardt 2008). There is an important role played by the family policies in Sweden in keeping the fertility level high, which are based on equality across social groups and sexual practice (Olah and Bernhardt 2008). The eligibility to parental leave and other benefits is linked to the labour force attachments and thus the family policies play an important role in the changes in the fertility rates(Ola and Bernhardt 2008). Some researchers attributes enhance economic status and educational attainment have contributed in delays in marriage and childbearing and increases in divorce and single motherhood(Danziger and Ratner 2010) please refer more to sourceClaudia Goldin (2006) describes womens enhanced engagement in the economy as the most remarkable change in the labour markets in the 20th century.

Wednesday, May 29, 2019

Personal Leadership Philosophy Essay -- definition of leadership

In developing this idea of what moderateership is, I examined what was most important to me in being a leader. Since leadership is such a bountiful term, this could not be a process whereby I could generalize leadership for everyone. Rather, the task is to sterilize who I am as a leader. I asked myself, what is it that shapes the tidy sum? What are the factors that comprise a leader, and what makes these things add up to create something larger than ourselves as leaders? Thoughtful reflections on these things lead me to generate the following interpretation of leadership lead is about more than simply having followers it is not a title, and it is not achieved by just following a few principles. Leadership is complex, though at its core, it is having the courage to make the right choices not just the popular ones, engaging others in a vision, and empowering followers to pursue a shared purpose of achieving a positive, lasting impact. My leadership philosophy has been shaped by several factors, the first of which is the knowledge of self. I am a firm believer that until you know yourself first, you are not able to meet your fullest potential as a leader. The greatest relationships exist when each person knows first themselves and what they bring to the table, impacting every(prenominal) leader/follower relationships. The leader approaches the relationship confidently, knowing that the leader and follower can mutually benefit from their interaction. One of the most important things that I nonplus done in terms of my personal development is to identify my core values.Possibly the most critical step to becoming an effective leader is to determine and understand ones core values. Many of my values are a result of my childhood however, t... ...d is constantly changing, and to keep up, one must be prepared to take on opportunities that will result in continued growth and stoping.Ultimately, these values are all interconnected. It takes great courage to lead with authenticity and integrity. Integrity inspires service and respect for others. Living authentically and with integrity enables the leader to develop their passions, resulting in a commitment to hard work and dedication, as well as growth and learning. Pushing through the challenges of a full commitment to this lifestyle of leadership requires a sense of humor, and a willingness to re adapt ones life to ones passions. I think that when we truly commit ourselves to understanding ourselves as leaders, as well as learn to understand our followers and the relationship that exists between leader and follower, there is potential for great change.

Naglo Saxson Burial Customs :: essays research papers

Anglo-Saxon Burial TechniquesEarly Anglo-Saxon buryings are traditionally establish on cremation on a pyre, with the deposition of corpses in the ground in a pottery container. The Anglo-Saxons were experts at cremations, with their pyres being at least as in force(p) as todays pyres, reaching temperatures of up to 9000C. Cremation burials were never found with weapons - it is possible, of course, that these were a part of the cremation, but melted in the flames, but many are found with plaything weapons and miniature combs. In the fourth and fifth centuries, inhumation burials came into common use, where the unburned body is deposited in a rectangular grave. It was probably copied from the late Roman technique, although it is suggested that it was introduced from Denmark. Inhumation burials typically were accompanied by weapons, and grave goods according to status. In the seventh century, Anglo-Saxon burials abruptly changed, as a direct result of Christianity. The most obvious indicator is the lack of heathen objects, much(prenominal) as weapons- a practice encouraged by the Church. Many cemeteries were abandoned that had been used in the fifth and sixth centuries, and the biramous cemetery also became common -that is, a cemetery was abandoned and a new one was setup beside it. There were a number of new types of burial present after the Church arrived. The first of these is the Final Phase burial, which is basically a transition between a pagan inhumation, with the corpse being accompanied typically by clothes, jewelry, weapons and other personal belongings, and a Christian inhumation, where the corpse is unclothed and unfurnished, except for a shroud. On the whole, these burials have very few grave goods when compared to the previous pagan period, and some have no grave goods at all. The graves are aligned east-west, after the Christian fashion, and all except a very menial number are inhumation - after the sixth century, cremations become almost r edundant. Another type of burial identified, is that of the Princely burial, normally located under a mound, with a high number of quality grave goods. They contain either a cremation or an inhumation. Anglo-Saxon standards is that burial mounds usually cover inhumations, rather than cremations. One such burial is that of Sutton Hoo, in Suffolk, on the River Deben. There were a number of burials here, all of them under mounds. An interesting reflection of Anglo-Saxon society was the graves surrounding - the so-called sand-men, which appear to have been human sacrifices.

Monday, May 27, 2019

Roger and Me Essay -- Documentaries Michael Moore Economy Essays

Roger And MeRoger And Me is a documentary that carries a considerable economic significance by presenting a youthful version of capitalism, and by depicting an interesting example of Gunnar Myrdals theory of the circular and cumulative causation. obstinate, the hometown of the filmmaker Michael Moore, has been built around the factories of unitary of the largest auto corporations in the world General Motors. For decades on end the company has been prosperous, making high profits and keeping its workers loyal and content with their jobs and payment. Everyone in Moores family has worked for General Motors the Flint residents give birth become not only economically precisely also spiritually and culturally connected with and influenced by the company a fact that to boot explains the devastating effect of the closure of the eleven GM factories. That is where and when the tragedy begins, that is the push that sets Myrdals dynamics cycle in motion. General Motors close 11 of their factories in Flint, Michigan, laying off more than 30 000 workers. For people involved in capitalist economic processes that presents a disaster, since except for GM theres zero out there workers can depend on, says one of them people are suddenly left with no employer to sell their labor to.The decision of GM to close down the factories is met with frustration and lack of understanding on the part of the workers, since the company is not closing down factories because of economic or financial difficulties, but because they want to realize more and more profits than they already have (and they have realized record high profits already - $5 one thousand million in 1989). One way to satisfy the greed for higher profits is to set up production in Mexico, where GM wou... ...c processes taking place in Flint. Therefore, tourism is not, as it appears at first, the way out of the crises and out of Myrdals cycle. Unemployment, poverty, desolate houses, crimes, even more poverty - the ci rcle remains closed. To a large(p) extent, it is kept closed due to the polarization between the managers and the workers, due to the inequality gap that remains between the better and the worse off. The wealth and the greed have modified the minds of managers and directors the lack of money has had a similar effect on the unemployed and the poor. Somewhere in this interaction between economic and cultural influences one may seek the explanation and the reason why rich get richer, poor get poorer the closing line of Moore, which very clearly implies Myrdals theory and its perfect application with respect to the economic processes in Flint, Michigan.

Sunday, May 26, 2019


1. What is the nature of OpenMRS and why was it developed? why were US universities, US National Institute of Health (NIH) and US donors mired in developing this constitution? 2. What were the impacts of using OpenMRS in ISS Clinic? How did the healthcare administration improve? 3. What were the problems encountered in using OpenMRS? Discuss the battle of forms and why there were disagreements about what forms to use. Make a distinction between research vs. clinical objectives, US researcher vs. local objectives. 4. Why the OpenMRS protrude is in danger of failure? Why did the clinicians at ISS clinic say that we didnt ask for it.It is your problem? Why MOH and US researchers are at odds about the value of OpenMRS? 5. What can be well-read from this experience when implementing IT projects in developing countries? Do culture and world politics have a role? Why? 1. The OpenMRS is an electronic medical record organisation (EMRS) that was developed to track of patients medical r ecords across a variety of different countries to be used in different types of clinics. Having the software as open reference point also meant that the source code could be assessed by anyone and customized to fit their particular need.In the ISS Clinic in Uganda it was used for patients being treated for HIV/AIDS. The system was developed to counterchange paper records which would make the work of researchers and clinic workers easier. The EMRs was used to track patient progress and track the inventory of antiretroviral drugs. US donors were most interested in the system as it made the retrieving information on patients that is needed for their research on AIDS, antiretroviral discussion, and other disease research much more accessible. 2.The impact of using OpenMRS was that it had greater terminal capacity than Microsoft excel and it could be customized for their own particular use. Using the new system clinicians were able to able spend less time reviewing patient selective information and more time with patients as well as reducing wait times. Since patients usually did not see the same clinic staff. The data also allowed them to analyze patient trends and reduce the instance of drug stock outs. They could also use the data base to generate random samples for new research studies. 3. The problem with the Open MRS system is that not everyone in the clinic was on board.Clinic workers generally thought of the system as more for the US researchers. Clinicians did not have much access to the system each as their primary tool was still paper forms. Another bump in the road was the Ministry of Health standardizing all forms for HIV clinics meant that ISS needed to redo their system to match the new forms, which also were lacking room the for the additional data needed for UCSF and MGH research. The Ministry of Health in Uganda was concerned with making the reporting of HIV treatment standard for all patients across all the different health platforms, public or private.For the US researchers they wanted to include additional data for their various studies. twain the clinic and the researchers goal was to better and more efficiently treat the AIDS epidemic, however for the researchers they also needed to report back to their grant funders and publish studies in ramble to keep the program running. 4. The OpenMRS system was in danger of failure in 2010 because there was not enough financial support to cover the operational bell of the program. Funding was being stretched thinner and thinner and one of the clinics big grants was about to expire.The Ugandan Ministry of Health was also not willing to cover the gaps as they did not see the value in the system for their own objectives. The Clinicians didnt see the immediate value of the system for themselves because they thought of it as a tool of the US researchers (US Researchers were the only ones publishing papers using the data) not ideateing about how its effect on the day to day ope rations of the clinic. 5. I think that there is definitely a cultural element to the problem in developing support for the OpenMRS project. The US stakeholders seemed to come in and set up let on without any input from the local people or government.They thought that the government should automatically throw their support behind their efforts. The US stakeholders should have really employed the local people more with the project, getting them more involved in developing the system and training them to use the system and showing clinicians why it is authoritative for them. The Americans should have also gotten Ugandan researchers involved in using the system to publish their own papers. Having more of a local participation in the project and making it a collaborative effort would have made Ugandan government and workers see the system as their own.

Saturday, May 25, 2019

Don’t blame the eater

Dont Blame the Eater, Blame the Eating Industry In terms of personal health, the borders of straitlaced nutrition are similar to that of a jail cell. Zinczenko evens outs the restrictive nature of food within modern day Am erica. A generalized point of view that can be taken from this is that the betting food industry is incredibly convenient and affordable for necessary exacts to live and thrive in modern day America. Zinczenko brings in examples that involve personal experiences in his family, as well as an argument that the convenience and affordability issues a large health line itself.While obesity can be seens as ither a personal or societal issue, Zinczenko proposes that the issue on obesity is a societal issue establish on the circumstances of cheap-and- quick fast food restaurants, which is a reasonable claim based on Zinczenkos point of view. Affordable, efficient, and convenient food may help the population, however, it is a market based on unhealthy practices. The causation elaborates on the convenience in a matter of personal story, in which his choice as a fifteen-year-old would be McDonalds, Taco Bell, Kentucky Fried Chicken or Pizza Hut (Zinczenko 391).With this personal experience, he can realize with a population that needs fast food ecause he witnessed it as an the only available option for an American kid to get an affordable meal (Zinczenko 392). Luckily enough, the author managed to reach to college and see his eating habits. He is reaching out to a vast population that shares a similar experience or lifestyle, which encompass a large aggregate of people, thus creating a personal approach to the topic of obesity. Along with his noted personal experience, the raw statistics and facts about obesity back his claim on fast food being a primary catalyst for obesity in America.Driving down the block to eat healthy is a bit of a spread out when there are more than 3,000 McDonalds restaurants in the country (Zinczenko 392). The cripplin g statistics under the cases of obesity since 1994 also await a charming state of nausea and face-melting characteristics diabetes in a flash had more than one cause. Childhood diabetes was generally caused by genetic disorder before 1994, with only a 5% statistic being obesity-related. Today, obesity-related diabetes accounts for at least 30 percent of all new childhood cases of diabetes in this country (Zinczenko 392).The calorie counts in fast-food salads can ascend to around 1040 calories, and it is vidently hazardous when a salad can cost you half(a) of the governments recommended daily calorie intake (Zinczenko 393). Obesity, on an objective point of view, is a developing problem due to the efficient and affordable nature of fast food. The author mentions his personal experience with fast food and how it is a problem beyond personal preference, and my personal experiences lead me to fully agree. With this in mind, fast food is a very efficient source of food to me.With a he ctic lifestyle or even a hectic household, fast food can be one of the few places to go. I do not have all the time in the world to get a proper source of nutrition. schooldays and work constitute my time on a daily basis, and in that case, fast food helps relieve that time in order to focus on the priorities in my life. My source of coffee in the McDonalds, other gas stations) and my quick source of mediocre nutrition. In this day and age of living, food is not a big priority to people, it is always there at convenience.There is no time to worry about what you are going to eat because there is a assay or report for you to do in class, or you have to make it to work on time ime is very limited and restrictive. I can sympathize with Zenczenkos point of view on the need for fast food in a hectic lifestyle. Not only does the author mention the social stigmas that surroundings fast food and obesity, but also the crude facts that are the nutritional values of fast food and its impact on obesity.Although I do carry a hectic lifestyle, in which my go-to source of food would be a fast food place, it carries significant stress and impact on my life. Over the other(prenominal) school year, with work and school, my usual breakfast would include a Monster energy drink and a McChicken from McDonalds. Though this did not affect my weight, it affected my productivity. No physical withdrawals were the side effect but I was absent-minded to my convenience food intake that let me make it throughout the day.The author points out physical consequences of convenient food however, I faced psychological and mental consequences when eating convenient food. Zunczenko proposes a very thoughtful understanding to the nature of obesity. The author constitutes the matter of obesity as a societal issue because of convenient food rather than a personal stigma. Our society hosts more than 13,000 McDonalds n its land, and since we continue to trade our bills for their instant sustenance, I do agree that obesity is a societal issue.Expedient food helps shape the busy and it is safe(p) for the quick knick of hunger, but it is not good for the healthy nutrients our society actually needs. The convenience and affordability of food from the fast food industry is the convicted criminal that is building bad health habits and furthering obesity in todays society. works Cited Zinczenko, David. Dont Blame the Eater. They Say, I Say. Gerald Graff and Cathy Birkenstein. New York W. W. Norton Company, Inc. , 2012. 391-394.Dont Blame the EaterDavid Zincked up to the point that we have to take personal responsibility for our rise in obesity, I cannot agree that he targets his opinion on that fast food restaurants are to blame. In my opinion the personal responsibility is on the parents in how they consider to teach, guide or show by example on how to make healthy choices. Temptations are everywhere, our parents tell us not to eat dirt, so we dont so why is the choice of somet hing healthy over Junk so difficult.Let us take for instance when our kids go off to school, majority of parents pack their kids inches, usually consisting of a drink, sandwich, vegetable or fruit, and a small treat. It is when our kids are at home that parents tend to forget the healthy choice and choose the cardboard box processed foods, or the, pop in the microwave dinners, that are contributing to the obesity in their children.Convenience is not the healthy choice. Our school systems have also recognized the need for more healthy alternatives within their cafeterias offering the breakfast and hot lunch program making the overstretched, over committed parent comfortable with knowing that at least at school our kids are eating healthy. Vending machines have been thrown out, leaving little to no temptation. So should parents not do the alike(p) within their homes?So should we sue our parents for our obesity or the McDonalds down the street who is only trying to build their sales like any other subdivision store? You dont need to count calories to know If something Is healthy. You should Just know that a hamburger and fries Is not the better choice compared to a salad and fruit drink. I say teach your children that If they dont know what they are eating, dont eat It Make the healthy choice and get outside

Friday, May 24, 2019

Blink by Gladwell

As explained in Blink by Gladwell and Payne, unconscious disparity is a type of divergence that is really hard to recognize. We have all comprehend about explicit discrimination, which flush toilet take two forms the individual level and the institutional level. At the individual level, people openly like. This can be seen in the case of bias hiring when an employer tells a postulant I will not hire you because you be a female. At the institutional level, adept of the most striking examples of discrimination occurs with the Nuremberg Laws in Nazi Germany.These laws restricted the rights of German citizens that were Jews. People working in the Nazi institutions had to enforce these discriminatory laws blush if they disagreed with them. By discriminating against Jews, they were only doing their project and following set outs. Implicit discrimination is more subtle and we will look more particularly at the unconscious form of this kind of discrimination. As seen in Blink, The Power of Thinking Without Thinking by Malcolm Gladwell, unconscious discrimination can be positive or negative.The election of Warren Harding is described by Gladwell as an error, as he proceeded to explain that President Harding was elected based more on his looks and personality than his competencies and abilities to govern the country. Most historians agreed that he was one f the worst presidents in history. Malcom Gladwell thinks that there argon facts about peoples appearance- their size or shape or color or sex- that can trigger a very similar set of powerful associations and Hardings election was obviously an example of this.Many people looked at him and saw how handsome and distinguished-looking he was and jumped to the conclusion that he had t be a man of courage, intelligence and integrity. They didnt dig below the surface. Gladwell stated that the Harding error is the dark side of rapid cognition. It is at the root of a good deal of prejudice and discrimination. Unconsci ous or implicit association plays a big part in our behavior and belief as the Implicit Association Test (IAT) reveals.This essay is based on the fact that our minds make quicker connections between pairs that are already related than we do with paired ideas that are unfamiliar. I decided to take the Race IAI test to see what the result would be. Firstly I was asked what my attitude towards relentlesss and whites was, and coming from a mixed minimise it was obvious for me to answer that they were equal. I took the test and immediately had an uneasy feeling about it. When the conclusions came I had, as did more than eighty percent of those who had taken the test, pro-white association.The test rated me as having a moderate automatic preference for whites. These results were astonishing to me and allowed me to understand better what unconscious discrimination was. In my brain the connection between black and good was harder to make than white and good. If a person coming from a m ixed background like myself, had difficulties associating African Americans with good, and hence could be bias, I began to admiration how other races viewed African Americans.Even though very revealing, this example is just a test, and doesnt have significant repercussions, but lets take a real life justice example. Amadou Diallo, a 23-year old African man was shot and killed by four New York City Police Department officers. They laid-off a total of 41 shots at this unarmed man. In this case, one could ask ones self if racial profiling was used and to what extremity Diallos color played against him. The family filed a lawsuit against the City Of New York and the officers and won 3 million dollars.The event gendered social psychology researches notably one directed by Eberhard in 2004 which revealed that police officers are quicker to decide to shoot an unarmed black person rather than an unarmed white one. totally these findings set ethical problems as problems of justice. How c ould we have justice if even mixed people, non-white or African Americans are biased? How could we write the rules for a society if expert officers face unconscious discrimination issues? How can the rules be written so that the ethical problem that is unconscious discrimination would become a thing of the bypast?From very early ages, dark colors have been associated with corky, and light or brightness with good. It is something that is deeply entrenched in our society and culture, so in order to change the mentalities and habits, children should, at a young age, be exposed to examples reinforcing or teaching them that good and bad are not a matter of color. secernment is instilled in our kids everyday lives just as seen in most cartoons or kids programs the good guy is often white and the bad guy is darker. What is priming?The online glossary of the American Psychological Association defines it as the advantage conferred by prior exposure to a word or situation. I believe that at an elementary level, kids should have some classes and videos teaching them that all human beings are equal and cannot be judged by their color. Just like the propaganda advertising can catch us to buy and like a new products, this race advertising would encourage kids to be less biased and to treat everyone with the same respect on an individual basis of their race or religion.This reasoning takes from the affirmative action programs that helped thousands of women access jobs and levels of responsibilities never experienced before. I truly believe that if at a young age, children are exposed to more diversity, this exposure would result in less unconscious discrimination later in their lives. Schools should have race and religious diversity and if we could break through in mixing the population, children could learn to live together at a very young age. Now, lets consider the hiring process.Is an interviewer named John more apt(predicate) to give an edge to a job candidate also named John? Recent academic research suggests that the answer is yes but how does this type of unconscious discrimination affect a companys ability to develop a merit-based model. Auren Hoffman and psychologist Brett Pelham conducted a study at the University of Buffalo and found the following groundbreaking results In hiring, positive gut feelings can lead to decisions based on superficial similarities to the decision maker, including those that may not be lawfully considered, much(prenominal) as age, race, and field origin.Equally importantly, they can lead to decisions based on a host of other irrelevant factors, such as hair color. Hoffman concludes by stating that such decisions are bad business practices that can confer competitive disadvantage. T o remedy these injustices, I believe that pictures, names, and gender should be blanked from resumes, giving equal chances to everyone. Blind hiring could be a good solution to unconscious discrimination in the hiring proces s. Often the composition of an orchestra is a good example of gender discrimination.In most orchestras, brass instruments are played by men. In this specific example, during the music auditions, a screen could be put up so the players gender would be impossible to identify. These methods implement would firstly, force integration and expose the problems of unconscious discrimination and bring it to a state of awareness. Secondly, these methods would mix the population and undoubtedly change certain discriminatory practices, such as can be seen where it has become normal nowadays for women to have the right to vote, whereas before it was not possible.As we have discussed above, discrimination takes many different forms and even occurs without being a deliberate action on the part of the discriminatory party. Obviously the effects of discrimination are widespread and in some cases can be very devastating. As I mentioned before though, although challenging, it is not impossible to add ress the issues presented through discrimination. Obviously there has to be the acknowledgement that it is occurring, and after this cite steps can be taken, some of which I have suggested, to alleviate or eradicate the problem altogether. Some rules can be implemented to let off or fix the problem.

Thursday, May 23, 2019

“Growing Old” †a Poem by Matthew Arnold Essay

What is it to ripen grizzly?Is it to lose the glory of the form,The lustre of the eye?Is it for looker to forego her wreath?Yes, but non for this alone.Is it to feel our strengthNot our bloom only, but our strength decay?Is it to feel each limb induce stiffer, every employment less exact,Each nerve more weakly strung?Yes, this, and more but not,Ah, tis not what in youth we dreamed twould beTis not to fool our lifeMellowed and softened as with sunset-glow,A golden days declineTis not to see the worldAs from a height, with rapt prophetic eyes,And heart profoundly stirredAnd weep, and feel the fulness of the past,The years that are no moreIt is to spend long daysAnd not once feel that we were ever young.It is to add, immuredIn the hot prison of the present, monthTo month with weary pain.It is to suffer this,And feel but half, and feebly, what we feelDeep in our hidden heartFesters the dull remembrance of a change,But no emotion none.It is last stage of allWhen we are frozen up wit hin, and insteadThe phantom of ourselves,To hear the world applaud the hollow ghostWhich blamed the living man.Harneet BangaWhen we are younger we often imagine how great it would be to be older. However, when we are older, we can no longer enjoy life the way we used to, due to our physical body. Therefore the poem Growing Old by Matthew Arnold, basically interprets, that we should enjoy the present time we are given in life rather than looking forward to a time we think well enjoy. Matthew Arnold has depict the elderly mass and the center of the poem, right through the poem, with the help of poetic devices. The specific idea of vision of this poem appears to be related directly to the race on old age people. For example, Grow stiffer, every function less exact, this quote states that once youre older, the body of an old age person becomes stiffer, and they function less exact, this quotes states imagery because they describe how an old person feels and how their brain functio ns as substantially.In each stanza, Arnold has answered the question he posed in the first stanza which is, What is it to grow old? in each stanza that question is answered. Since the composing of this poem is about Old people, there are many symbols in this poem that describe the theme of the poem, and we could use this poetic device which is symbolism. The oral communication such as, old, wreath, last stage, stiffer, strength decay, etc are words in the poem that symbolises growing old, basically symbolising the importation of the poem. Simile is when you compare two nouns, and Arnold has used this device to explain how it feels to be old, As from a height, with rapt prophetic eyes, the words used in this example, have no common interest with one another, but it still demonstrates the meaning of the poem.Harneet BangaA dictionary definition of the word elderly will probably has something to do with mature and aged people, but the connation to describe the word elderly in the p oem are, Is it to lose the glory of the form, or The lustre of the eye this is the connation version of describing the meaning of the poem, which are old people. This fantastic poem is missing one thing which would probably make this poem sound much better, which is the rhyming of the poem, it always lets people get into the poem, but unfortunately this wasnt used in the poem. Since this poem doesnt have a rhyme scheme, the meter of this poem is irregular it doesnt follow the da Dum da Dum da Dum da Dum style, it has come up with another original and unique style for the readers to figure out the meaning of the poem. alliteration wasnt common in this poem, lets say it was hardly used alliteration is having the same letter in one line equalise of times, And feel but half, and feebly, what we feel Arnold uses this line in an alliteration way to describe how old age people feel, they basically feel in an exceedingly pathetically way.There are much more poetic devices used in this poe m, assonance has a great impact on the poems meaning. Assonance is a repetition of the sound of vowel throughout the stanza, and in the poem they have repeated a vowel throughout a line in a stanza. For example, Not our bloom only, but our strength decay? the vowel O is used throughout this line of the poem, creating assonance and a meaning to the poem. The word old is being repeated constantly all through the poem, Arnold doesnt say old in every stanza, but he does use similar words to describe old, and answers the question which he asked in the beginning of the poem, which is What is it to grow old? Matthew Arnold has described the meaning of the poem through all these poetic devices, for example the imagery is used in the poem to give us an image of an elderly person and how they feel. All these poetic devices have contributed to the poem in an extremely well manner, and with these poetic devices, the meaning of the poem became clearer.

Wednesday, May 22, 2019

NTUC Management Restructuring

NTUC Chief Lim Boon Heng has urged the perplexity of companies undergoing restructuring to take union leaders into confidence, so that the trustworthy concerns of workers can be oral communicationed in good time. Citing the restructuring of the Public Utilities Board as an example, he said the exercise was carried out smoothly because of the close cooperation surrounded by the management and the union. Speaking at the first triennial delegates conference of the Union of forefinger and Gas Employees (UPAGE), Mr Lim said that companies responded to challenges in various ways some through and through restructuring to meet new market demands, and others through mergers.For wokers, these changes can be unsettling, and restructuring sometimes leads to retrenchments. But in the case of Singapore Powers restructuring, the NTUC Chief noted that the PUB management had taken the companys union leaders into confidence even before the news was made public it showed that openess between mana gement and union was the better policy. When management atomic number 18 open with the union leaders, the legitimate concerns of workers can be addressed, leading to a smooth transition, Mr Lim said. Unfortunately for us, there are many management that adopt a different approach, informing the union only at the last moment, giving union leaders little time to respond and no time to address workers concerns. Mr Lim also announced that the unions present general secretary, Nithinandhan, would now become its executive secretary, so that he could represent workers from all unions formed under Singapore Power or its subsidiary companies. We made some changes to our constitution handing the powers to the executive secretary to deal with all collective agreements, and to negotiate on behalf of major grievances with management and be the main person corresponding with all employers and external agencies and work out policies for all branches on industrial relations, Mr Nithinandhan said. H e said the unions relations with the management had been thin and plans were underway for joint committees on training and workplace environment to better look into the needs of workers.

Tuesday, May 21, 2019

Ethics Assignment

Table of Contents 1. 0 Aims1 2. 0 Objectives3 3. 0 Introduction5 4. 0 Questions (a) and (b)13 5. 0 Conclusion14 6. 0 References15 1. 0 Aims To realize students low bear out the importance of take form ethics in the work place. 2. 0 Objectives 1. Instill strong establishmental values. 2. Build an integrity-based organization. 3. Develop ethical behavioral influences. 4. tool plans and strategies to achieve ethical excellence. 3. 0 Introduction According to Chester Barnard, an organization is a system of consciously coordinated activities or efforts of two or more persons.His mean of organization implies formal planning, division, of labor and leadership. On the other hand, Bedeian and Zamnuto see organizations as social entities that atomic number 18 goal directed, deliberately structured activity systems with a porous boundary. Their meaning of deliberately structured activity systems basic entirelyy means that organizations atomic number 18 structured in a decent way jobs a rgon divided among stack to achieve a common goal. According to www. dictionary. com, an organization a social unit of muckle that is structured and managed to meet a need or to adopt collective goals.E very(prenominal) organization has a management structure which give divide and break d testify the roles and tasks of different members. Organizations are similarly regarded as open systems which affects and in like manner are affected by milieu. (dictionary. com, n. d. ) In any organization, reputation is very important and ethics plays a vital role in the success of an organization. In short, ethics is the choices which individuals make both in their personal and professional lives which deal with morality much(prenominal) as right versus wrong. Charles D. Little, 2000) Business ethics similarly refers to ways in an organization carry out its business according to the accepted moral standards. It is actu in ally a set of moral principles and write in code of conducts app licable to all businesses which non only relates to the customer itself but to the society as well. It also implies the ways of conducting business in a way which non only returns angiotensin-converting enzymeself but to benefit everyone as a whole. According to Charles D.Little, organizational business ethics is the application of these morality connect choices as influenced and guided by values, standards, rules, principles, and strategies which is link up to an organizations activities and business situations. Laura Nash with a Ph. D. from Harvard University further asserts that business ethics deals with choices nearly what laws should be and whether to follow them, roughly economics and social issues outside the law, and about the priority of self- provokes over the companys interests. (Laura Nash, 2000) . 0 Questions a) How can employers develop a better work ethics in the workstation? i) Employers should lead by exercising and physical exertion what they pr severall y. Employers should unceasingly lead by example by first doing what they want their employees to do. This is be perplex if the manager itself practices what he preach, it shows how serious he is in leading by example. (Prema Jayabalan, 2013) ii) Reward and praise those who deserve. Simple things like a thank you note or a note of praise forget go a considerable way in showing you appreciation towards the employee.It pass on show how the employers appreciate its employees and also that the employers are not those who will take all the credit by themselves. (Prema Jayabalan, 2013) iii) Reprimand those who go against work ethics. If there is anyone in the organization who breaks the rules of a company, action should be taken towards that employee to show how serious the organization is in traffic with ethical issues. It will also serve as a reminder to others to not go against any ethical code of conducts set by a company. (Prema Jayabalan, 2013) iv) Legal and regulatory complianc e.One way to develop better work ethics in the workstation is through legal and regulatory compliance. Employers should conduct their businesses according to the law in order to hold fast to the values of integrity which will help contribute to a companys good reputation. (John J. Kane, n. d. ) v) Be accountable. Employers should also be accountable to whatever they do. The Code of Ethics by the Society of schoolmaster Journalists states that admitting their own mistakes will make employees know that one should owe up to their own mistakes instead of running away from them.By doing this, employees will know that they would defend to owe up to whatever they do and it is not right for them to push the blame to psyche else for their own deeds as it is unethical. This practice will greatly help avoid unethical practices in the workstation. (spj, n. d. ) vi) Maintain true and accurate records and also prudish disposal of records. Employers should always maintain true and accurate rec ords and also the proper disposal of records. Information should not be alter or falsify to misad surcharge the exoteric.When appropriate, business information should also be destroyed according to the legal requirements in a proper way to protect the privacy of stakeholders such as customers and employees of the company. (John J. Kane, n. d. ) vii) Should not practice favoritism. Employers should not practice favoritism in the workplace. They should always treat all employees equally. This to prevent any jealousy by any parties which could hasten unethical work practices. A work environment where everyone is treated fair and just will reduce the chances of unethical behavior because employees will not face less important or unappreciated. Code of Conduct, n. d. ) viii) Do not practice bribes and kickbacks. Bribes and kickbacks should not be practice in the company and should be strictly prohibited. Managers should neer accept any bribes or favors from any parties for their own interest. Business arrangements with any outside parties should also be written out in a proper document and be approved by the legal counsel or authority in charged to avoid unhealthy practices in an organization. (John J. Kane, n. d. ) ix) Penalties The company should also enforce penalties to those who engage in unethical practices.Those who engaged in unethical practices should be demoted, laid off or be made responsible for their acts such as paying a fine. This would help prevent others in the organization from engaging in unethical behavior. (John J. Kane, n. d. ) x) Establish whistle blower provisions. Employers should also establish whistleblower provisions to protect employees who in good faith report misconducts by any party. This is to avoid retaliation, threats, harassment and discrimination by other employees.The establishment of this gentle of act will encourage more masses to speak up and unethical practices in a company can be eliminated. (John J. Kayne, n. d. ) xi) Tighten electronic and security requirements. Companies should tighten electronic and security requirements. This is to commit to protecting all fonts of information systems and at the same time make sure that all the organization abides by the policies established. This will help protect private information from being leaked out or stealing of information from other parties.This could help reduce the enumerate of hackers whose aim is to steal private information. A system to monitor electronic data used in the company should also be implemented so that employees and employers alike could not simply disclosed or misuse information for activities that are unlawful and inappropriate. (John J. Kane, n. d. ) b) How do we (employers and employees) ensure that positive shared values are practiced and promoted to create an ethics-driven culture in the organization? i) Respect and avoid criticizing your employer.Employees should communicate effectively with the boss and respect them as their superiors. As times have change and more employers are more open to suggestions and feedback from employees but it does not mean that the employee could lash out anything at the employer. The employee should always know where to draw the commercial enterprise and never go overboard to criticize them or talk behind their backs. (Prema Jayabalan, 2013) ii) Do not befriend your colleagues for the wrong reasons. Times have change and state nowadays are getting more busybody.There is always the office gossip where good deal want to know what is going on in other bulks lives. However, the best way is to always be skilful in all your friendships and do not befriend others just to benefit from them. This is because people will always appreciate genuine friendship and befriending someone just to get something from him or her will not leave a good impression about you to others. (Prema Jayabalan, 2013) iii) Avoid comparison. Everyone is unique in their own way, have their own se t of talents and skills which is why people are assigned to different roles and tasks.One should not compare ones work to other people or complain whenever another gets promoted. This is because promotion will come when you deserved it. (Prema Jayabalan, 2013) iv) Do not interfere in other peoples affairs. Each and everyone in an organization should respect others privacy and should never try to interfere in peoples private affairs. Do not insist on knowing something if that colleague is reluctant to tell you and do not be too wild in giving your opinions.If someone confides in you about his or her problem, one should only listen and give them support which they need instead of hemorrhoid and tons of advice. (Prema Jayabalan, 2013) v) Do not be a busy-body. One good attitude to be practiced in the workplace is to not stick into other peoples affairs. One should instead use the energy to do better in their own work instead of poking into other peoples business. By doing this it will create a pleasant environment to work into and people will feel comfortable working with you. (Prema Jayabalan, 2013) vi) Dress professionally.Both employers and employees should always dress up professionally as the attire will speaks for itself and it will reflect well about the company towards an external organization. Therefore, people should always the dress code set by a company. (Prema Jayabalan, 2013) vii) Leave personal matters at home. People should not bring their family to work as it may make other employees uncomfortable. Second, they should also not talk about family matters in the office as not everyone will be interested in their family matters. (Prema Jayabalan, 2013) viii) Respect the contribution by others.When a colleague is praise or rewarded for his or her good performance, one should not get jealous because it will help to improve the organization and you yourself will stand to benefit from his or her performance. (Prema Jayabalan, 2013) ix) Take credit only if it is yours and do not brag about it. If you had contributed to the success of something, then you should acknowledge it and should celebrate your achievements. However, if it is others work, then by all means direct credit to them. Besides, one should also not keep bragging their achievements in the workplace. Prema Jayabalan, 2013) x) Be informed. One should always themselves about everything which is happening around in an organization. It is not good to not know anything about your company as it will reflect how people cypher at you as a person. Besides, being updated in an organization will help generate a good impression about you to the employer as it shows that you are competent and relevant to the workplace. (Prema Jayabalan, 2013) xi) Should not share or access any private information. Both employers and employees should not access or share any confidential information with anyone.It is very vital for both employers and employees to protect any information within thei r records so that each and every persons privacy is respected. buck private information should also never be sent over the Internet except through the use of secure methods to prevent the leakage of private information. This practice will ensure that every persons private and personal space is respected. (John J. Kane, n. d. ) xii) Never let conflict of interest intersect with work problems. Employers and employees should never let conflict of interest intersect with work problems. They should always put the organizations interest before their own interest.To prevent conflict of interest from affecting professional judgement, employees are also not encouraged to deal with customers or others who are their close friends or relatives. (John J. Kane, n. d. ) xiii) Maintain a professional work environment. Both employers and employees should always maintain a professional work environment. Everyone should be treated fairly with respect, courtesy and consideration and they should not be any biasness in the workplace. This is to maintain a workplace free of any harassment or discrimination to ensure that both employers and employees could work in a positive environment with an ethics-driven cukture. John J. Kane, n. d. ) xiv) Stay free of substances such as drugs and alcohol. Both employers and employees should stay free of substances such as drugs and alcohol. Everyone should report to work free from any insult of substances to prevent the influence of any drugs or alcohol while working and also to prevent any discomfort to other colleagues. This is also because working under the influence of alcohol and drugs could cause one to not be able to think properly and may cause tantrums which may disturb the peacefulness in the workplace. xv) Give everyone equal treatment.Employers and employees alike should be given equal treatment meaning that everyone is given equal opportunity. The setting at the workplace should be such that cultural differences are celebrated and does not discriminate by gender, sex, race, colour, or creed. Employment should be based on a merit system related to competence and qualifications of the worker rather than based on a persons gender, race, colour, or creed. (John J. Kane, n. d. ) xvi) Be honest and truthful. Employers and employees alike should always be honest and truthful in all their actions.When everyone in an organization is honest and truthful to each other, they will be a mellow level of trust among each other and this will lead to higher productivity as it is always easier to work with a trusted person. (Code of Conduct, n. d. ) xvii) Practice integrity. Employers and employees should practice integrity at all times. They should be fair and honest in all business dealings and also all other aspects of business so that outsiders such as suppliers, customers and the public will have faith in the organization.Thus, the reputation of the organization will be uplifted and everyone in the organization will be mo re rund to practice ethical behavior in the company. (Code of Conduct, n. d. ) xviii) Be responsible. Employers and employees should also be responsible at work. They should be committed to their work and develop a high sense of accountability as these would make working in an organization more pleasant. (Code of Conduct, n. d. ) xix) Practice high citizenship behaviour. Employers and employees should practice high citizenship behaviour meaning that they are patriotic, loyal and highly committed towards their company.They should always participate in all the matters relating to the progression of the company as this action will benefit and further motivate everyone in the company. (Code of Conduct, n. d. ) xx) Care for each other. Employers and employees should be caring towards each other. They should always show compassion and kindness to their colleagues and this must come from the heart. It will make people touch and people will be ready to open up to each other. This practic e of openness will help discourage unethical behaviour and it will further stimulate a highly ethical work environment. Code of Conduct, n. d. ) 5. 0 Conclusion Ethics is a very important aspect which must be practice by all companies to ensure their survival and also its reputation. Lack of ethics in a company could easily cause a companys downfall as it loses trust from other parties. Ethics is also important to ensure employees commitment as an employee will in spades not leave if he or she is treated appropriately. Long serving employees will also contribute to increase investor and customer loyalty and confidence as it is an undeniable fact that everyone loves and honest company who looks after its people well.Workplace ethics is very important because it enhances teamwork. With teamwork, it will enable employees to work together without any conflicts or prejudice. They will also be better to understand their employers expectations and could motivate and push each other to exce l in a given task. This will also make working easier as they is a high level of trust, sincerity and partnership in the organization. (Prema Jayabalan, 2013) It is also important as every employee will want to feel secure in a job. This will make employees more motivated to go to work as they know that they will not lose their job if they were not given valid reasons.Thus, employee productivity will be higher as they will feel appreciated and will not be harassed by other workers. (Prema Jayabalan, 2013) Workplace ethics are also important as it helps protect the companys privacy as well as property. Organizations where all employees strictly adhere to the code of ethics need not fear any leaking out of companys information, truancy, winning false sick leave and other disciplinary and ethical issues. From then employers viewpoint, they should always treat their workers with respect and reward those who deserve. (Prema Jayabalan, 2013) Ethics is also very important in aintaining a companys reputation because the society at large will always admire and look up to a company which is ethical. This is because it shows that the organization is sincere and genuine in conducting their business and this will help attract more people towards the organization. (Prema Jayabalan, 2013) 6. 0 References Prema Jayabalan (2013), Workplace ethics Ensuring concord in the office online acquirable from http//mystarjob. com/articles/story. aspx? file=%2F2013%2F2%2F2%2Fmystarjob_careerguide%2F12606844&sec=mystarjob_careerguide (Accessed on 27th February 2013) John J.Kane (2013), Code of Conducts and Ethics online Available from http//codeofconduct. pdf (Accessed on 25th February 2013) Businessdictionary. com (n. d. ), What is an Organization? online Available from http//www. businessdictionary. com/definition/organization. htmlixzz2LVVEI0Il (Accessed on 27th February 2013) Managementstudyguide. com (2008), Business Ethics A Successful way of conducting business online Availa ble from http//www. managementstudyguide. com/business-ethics. htm (Accessed on 27th February 2013) Spj. org (2012), Society of Professional Journalists SPJ Code of Ethics online Available from http//www. pj. org/ethicscode. asp (Accessed on 27th February 2013) Don Knauss (n. d. ), The Role Of Business Ethics In Relationships With Customers online Available from http//www. forbes. com/2010/01/19/knauss-clorox-ethics-leadership-citizenship-ethics. html (Accessed on twenty-eighth February 2013) Sumitama Mukherjee (n. d. ), What is an Organization? online Available from http//whatisanorganization. pdf (Accessed on 28th February 2013) Charles D. Little (n. d. ), Organizational/Business Ethics online Available from http//wweb. uta. edu/management/Dr. Little/ /Organizational%20Ethics. ppt (Accessed on 28th February 2013)

Monday, May 20, 2019

Mortal Kombat: video game Essay

According to Time magazine, September 27, 1993, fury in video bizs is on the rise e extraly with the release of Mortal Kombat. Over 50 gazillion children all over the United States brought this military unit into their homes. The parents and other adults of these children finally decided that the video games in the U. S. had g bingle(p) too far. Mortal Kombat was the first game that brought inception and gore into the video game world. Mortal Kombat started in the arcades it was such a hit, they do it into a game you could buy for personal use.Critics raved over it when it was first introduced, state it was too tempestuous for kids and it needed to be grown off the shelves. This game appealed to many people because of its real-life graphics, blood and gore. The game was also responsible for the video game rating frame used today. The game was an consequence hit, they made an ratiocinationless amount of Mortal Kombat games, for every gaming system imaginable, thither was even a movie made based on the game. This essay lead illustrate how Mortal Kombat is violent, and take a critical point of view of this popular game.Mortal Kombat is a video game based nearly hand-to-hand combat between two characters in the game. The person playing would control one-character and use combinations of punches, kicks and special moves to cause as much damage to the opponent as possible. This game is fun and very addicting children would end up playing the game constantly trying to master the moves and techniques of the game. People found it fun because the characters and the worlds that you beseech in seem like some fantasy, most people would fight their friends to see who would rein unconditional it was a constant challenge to be the best fighter.With the new game that came issue not too, dour ago you are able to plug an internet cord in the jeopardize of your gaming system and play anyone in the world. This game caught so much criticism that the makers had t o take the blood out of the game, and they saturnine it in to white sweat, hardly little did the critics know that there were codes you could enter to bring the blood back to the game. There also were codes called Fatalities which were finishing moves where you could decapitate someones head, rip their arms off and write out them alive.The new game is even worse than the original with more finishing moves and better graphics. When you go out and buy a game like this, you should know what to expect that you are going to be scrap an opponent with the intent to kill him. The basic principals of this game are fine, but the more advanced our engine room gets the more graphic the games get. The blood and gore look almost life like now, which is not requirement to cast off to play the game. The game was given the MA rating which is for people 17 and older.The rating made the game intangible for young people to go out and buy. Because young kids could not have the game with the new r atings, they good wanted to play them even more. People who are sheltered from reality will be worse off, than people who are allowed to experience real life. There are some countries in the world, who do not even have electricity let alone video gaming systems, but are still are involved with senseless killing of each other. In other countries, it is just as common for young children to carry guns as it is for Americans to play video games.I think that violence is part of our society. I do not think that video games are any more violent than movies, television and the general violence in the world today. As far as the people who take what they see in video games and imitate it to real life I feel there is a mental problem and they need help, because they have a hard time separating fiction from non-fiction. Mortal Kombat was one of the first of many video games that got controversy for being too violent.This game also led the musical mode for countless other violent video games. I feel as if no one would have made a big deal out of the violence there would not be problems that there are today. As they put stricter ratings on the games it only made people want it more. This game was so popular that there was a movie made after it and all the characters seemed to come to life on the big screen. As the critics put the whole concept of violent video games down, all it did was feed a fire to burn and made Mortal Kombat became larger than life.

Sunday, May 19, 2019

Custom as a Source of Law – M P Jain

INTRODUCTION TO THE sub judice bidding Note Only minimum development materials atomic number 18 reproduced here. Students atomic number 18 advised to familiarize themselves with every(prenominal) last(predicate)(prenominal) the recommended indi sack upts and put d proclaim in tidingss in the con ramify. (a) The object of Law Study (b) Studying Law nether the Case system (c) The Case Method from Students point of project. The sp atomic number 18-time activity extracts argon from (a) Stanley V. Kinyon, How to Study Law and import Law interrogative sentences (1951) (b) Edward H.Levi, An origination to wakeless Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law complaisantise (Un-published ) (The essay is based on comments do or whollyy to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 eyepatch the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY W put on is this thing Law which you are around to study? What is the nature of the subject and what are you sup dumbfoundd to uplift ab over reign appear it?In atomic number 53 sense, the jurisprudence is a large body of die hards and regulations, based primary(prenominal)ly on prevalent principles of judge, fair play and convenience, subscribe been worked out by governmental bodies to regulate human activities and de in all effective what is and what is non per lamible conduct in unlike situations. We utilise the term in this sense when we say that a person obeyed the constabulary or broke the natural natural even up and a big(p) deal of your work volition be devoted to a study of the rules and regulations applicable to divergent areas of human activity. such(prenominal)(prenominal) rules and regulations are to a greater extent or less judgment of convictions found in our state and national constitutions, more a lot in statutes, al nightimes in administrati ve rulings, and in m any exemplars make up been real by the woos themselves in the parade of deciding the controversies that come forward them. The term justness, however, is as substantially as utilise in a much broader sense to de none the whole touch on by which organized society, by dint of and through government bodies and personnel (legislatures, judicatorys, administrative tribunals, constabulary-enforcement agencies and officers, penal and corrective institutions and so forth strives to bear these rules and regulations and at that placeby establish and bind ataraxisful and orderly relations between the bulk in that society. For example, when at that place is evidence that some person has killed another, or has robbed or stolen or d wholeness some other act disruptive of the reality peace of welfare, not only do we assert that he has broken the uprightness however we expect that the scoop up a bearing agencies of government im fraction in accordance with the rules of justness, apprehend and 2 ratified Profession and the Advocates fleck, 1961 ring him in front the proper motor hotel, conduct a fair and orderly audition to determine his guilt or innocence, and if he is guilty, prescribe and withstand out appropriate corrective or punitive measures. Even where no public offence is elusive, as where John Smith has an automobile collision with Joe Jones, or breaks a compact made to Joe & interferes with his post, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to usurp it to tribunal for a peaceable conclusion in accordance with the established rules of uprightness.This whole heavy surgical process is carried on through the various organs of government by a large number of people legislators, justnessyers, justices, police officers, administrative officials, and many others, most of whom moldiness be intensively trained in various flavo urs of the system. Law schools are engaged primarily in training future rightyers, tastes and others who give operate on this sanctioned system. Thus the study of fair play necessarily involves not only a study of legal rules but in addition a study of the whole legal system through which society attempts to respect law and order.For, too many schoolchilds get off on the wrong foot in law school because they dont extrapolate the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you go by heart all the decisions and rules you have canvass in a course you can dormant flunk the exam. afterward all, you learned the multiplication tables-not besides to be able to recite them like a poem but to enable you to solve enigmas in arithmetic.Likewise, you are study rules of law and studying the law philander decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesnt make any departure whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and support.To be grumpy(prenominal) you must learn how to take a finicky problem accurately classify it as it would be classified by a legal tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the like conclusions and arrive at the same resolving power as the legal tribunal would, to carry on your testify affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself.If, on the other hand, you fuck a lot of legal rules but cant apply them an d work out a reasonably accurate solution of the everyday legal problems you run into, you simply havent learned what a lawyer has to realize. Consequently, whenever you are empathiseing a law intensity or discussing a problem in class or re conceiveing, keep this one thing in soul youre not merely memorizing what the courts and legislatures have said and done in the past. Thats historyYoure experimenting to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE pillow character METHOD OR CASE SYSTEM The Case system is based on the idea that the richly hat substance to study law is to study the actual court decisions in various eccentrics of human faces and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields . The procedure is to have the scholar articulate selected flakes in fountbooks which have been prepared by slap-up legal scholars and past supplement his moorage reading by lectures, class discussions and a authentic sum total of outside reading in texts, law review comments and the like. The students work under this system consists mainly of reading and outlineing the movements, attending classes and taking notes, and periodically reviewing the work in each course). Consequently, if you are studying law under this system you should know the best systems of doing these. Cases and Case Books Before you can properly read and instruct the illustrations in your expressionbook, it is essential that you understand what they are, how they came to be create verbally, where the author of your episode book got them, and what is in them. In some schools this is adequately explained when you start the first familys work. In others it is not, and at that placefore it is pr obably worthwhile to explain these things here concisely even though some of you whitethorn already known them. You obviously cant read cocktail dresss intelligently unless you know what they are.Cases, as we shall use the term in this discussion, are the published reports of controversies which have come in the beginning the courts, including the courts decision and its reasons for the decision. These reports roughhewnly deal with the decisions and opinions of appellate courts (courts deciding sideslips appealed from lower courts). Trial court decisions (those rendered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public statistical distribution, except in the national courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, and so forth n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial r emains in short hand in the court reporters notebook unless a sheath is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also normally submitted by each party to that court setting forth the melodic phrases pros and cons and the authorities relied on. Each party hence has an opportunity for oral argument onwards the appellate court judges at a time prescribed by them.After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. oneness of them is delegate the t select of composing a statement of the decision and the courts reasons for making it. This is called the opinion, and when he has finished judicial writing it, he submits it to the other members of the court who either approves it, kindle changes, or dissent, in which case they may hold unmortgaged a dissenting opinion of their own. After the volume of judges have approved an opinion, it is handed over together with any dissenting opinions.Then, it is given out to the parties and made public in the one government agency or another. 4 Legal Profession and the Advocates act upon, 1961 After they are published, these opinions of cases are customarily referred to or cited by giving the progress to of the case, the volume number, comprise and rascal of the state report in which it is published if it was sinkd by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page of any other selected case series in which it may have been published and the involution it was decided.The Case books which you use in school are made up principally of selected cases taken from these reports (or from face or British Empire reports) and arranged or grouped match to the fibre of controversy pertain in the case, sometimes the author of the case book reproduces the whole opinion verbatim as primarily published, sometimes he omits parts of it not seeed as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is al expressions indicated.Therefore a case you read in your case book is normally, an exact copy of what some judge has compose in explanation of his courts decision in a particular law lawsuit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to dominate in a case and what the judge normally puts or tries to put in his opinion. 1.The first thing you will unremarkably find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an process of tort for damages, an action for breach of contract, or to resume land, etc. This is usually accompanied by an explanation of how the case got to this particular court whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or suspect appealed, and to just what action of the lower court the appealing party is objecting. . The future(a) thing you will usually find is a statement of the points of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the facts, but judges are not always careful to do this and you will oft find the facts, strewn throughout the opinion. Thus you can never be sure you know all well-nigh the controversy until you have read the whole opinion.Sometimes the statement of facts is made categorically on the grounding of the courts or jurys findings of fact sometimes it i s made by stating what the plaintiff and suspect alleged in their pleadings and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in any(prenominal) form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the head teacher or apparent movements the court is called upon to decide the various subject fields (either of law or fact) which must be settled before a decision on the controversy can be reached.Any of you who have done any debating, understand issues, the breaking up of Introduction To The Legal Process 5 a general problem into specific sub-problems. Some judges are very careful to state the issues cl advance(prenominal) others will leave them to proof from the discussion, or else wander around from one thing to another and leave the slender top dogs they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and con s. This is where logic comes into play. You will recall that there are two main types of dianoetic reasoning inductive and deductive.Inductive reasoning involves the formulation of general pro vexs from a attachment of specific problems or observations deductive reasoning involves the application of a general proposition already explicate to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducting the decision on the issue from the general rule.If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its s cope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues kindred to those in the lay case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the judicatorys decision. For example Judgement affirmed, Judgement converse, Case remanded, New trial ordered, etc. It is to be remembered, of course, that legal opinions do not all honour the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular mode of resenting a legal argument. Some opinions are not as easy to understand as others a nd it would be erroneous to assume in reading them that they are all absolute. coquettes frequently disagree as to the principles that ought to be applied in authorized types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not essay to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most in all likelihood to be applied by them in future cases of that type. instantly, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. Its not a bad idea, however, to adopt a systematic rule of reading them The following has proved effective, and you efficiency try it as a starter. First get a clear externalize of the controversy involved. Get all the facts and issues straight. Consider the following 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is,Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if its a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiffs point of view, then from the defendants. pick out yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What end point do they indicate ought to be reached here.By doing this you put yourself in a better position to read the courts argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the co urts argument is a rather effective means of keeping a critical attitude. Now read the argument and the courts conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules.Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case railroads up with other corresponding cases you have studied. In thus analyzing the courts argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by the court in deciding the issues involved in the case (these are called holdings) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called dicta).When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and hold with that view. Dicta, however, not universe relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it nonchalantly without considering all aspects of the problem.Courts in each jurisdiction get a line their own prior holdings as creating binding precedents which they experience obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and auspicateability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus th e originator case containing the dictum is not a controlling authority on the question although it may be followed in later decisions. Introduction To The Legal Process 7THE CASE METHOD FROM THE STUDENTS POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the case method of teaching in several Indian Law Faculties. The case method sometimes called the discussion method is a term that has been apply to describe a wide variety of teaching methods, but the one common element of these methods usually is the use of actual court opinions as the priming of compend and discussion in the law classes. The advantages of the case method do not have to be perennial at length here. Eminent Indian scholars have already commented on those advantages.Suffice it to say that one elemental purpose of the method is to engage the student himself in the process of view through the meaning and tax write-off of legal principles as se t mow in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the innovation of legal rules and the teacher assumes more the role of protagonist and discussion leader, request question to students, debating points with them, sometimes playing the devils advocate to force students to think for themselves.The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, and who have and analysed those cases. Further more, the students activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is utilise, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is utilise as a teaching technique, examinations usually take the form of hypothetical fact situatio ns, i. e. hypothetical case, vocation upon the student to decide the case and give his reasons, or calling upon the student to play the advocates role and write the best possible arguments for one side or another of the case. Each student has his own extraordinary way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it competency be helpful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his commands.These study methods can be divided into five parts 1) study before class 2) the classroom discussion 3) study or review study after class 4) preparing for the examination 5) writing the examination 1. Study before class Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understan d that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases.If the student tone-beginninges his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students practice in the case method is often to use a key or move for analysing law cases. The key or guide has cardinal parts the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a case brief. let me be more specific.The case brief (which many law teachers require students to prepare on radical in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentio ned above, as follows F (Facts a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q (Question a one line question formed to pose the major issue in the case). D (Decision The courts holding Something this can be Yes or no in answer to the question. The courts order can then be stated, e. g. affirmed, appeal pink-slipped, etc. R (Reasons Here the reasons can be listed in number dodging form). The whole case brief should be indeed brief, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he wont feel it is necessary merely to copy out, word by word, any portion of the case.The emphasis in all such preparat ion should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one students case brief of this case. You will note that abbreviations are used whenever possible. (df = defendant pl = plaintiff lc = lower court tc = trial court ap = appeal, etc. ) F Subscription for mosque f MAK was treasurer He supportd Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAKs heirs twain for MAKs pledge and for JMs cheque amount. Later MJK died. Introduction To The Legal Process 9 P facts (procedure facts) tc for pl on MAK pledge, for df on JMs cheque question App. Ct for pl on both. Q Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D No to both (Dismiss both causes)R Ist Cause of Action, the pledge mere gratuitous promise, no consideration. MAK as Treasurer? but he did not set aside funds. 2nd Cause of Action cheque mishandling No duty to comprehend correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian fill Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case.He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process . This is the first step of effectively learning through the case method. 2. The Classroom intelligence In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief.Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or precedent value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot tear down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper.If the brief takes about one- half( a) page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy write at a later stage. 3. Study or Review after Class It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to ones notes, and to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of outlining the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this raw material into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method.Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to him for memorization. It is the process of doing this for himself that brings cleverness and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before bend to someone elses work.If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Exam ination At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as postulate to refresh his recollection.One effective technique of studying at this stage, which many students use, is a small discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer.Be ruthless about stopping at the end of a half hour on a questio n, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysing and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write.Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the case method. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additive points that may be useful in studying under the case method.It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain what is the law, in some general arise sense. There are other relevant questions which can be posed also, such as What should Introduction To The Legal Process 11 be the law. For example, consider the following four approaches to a particular case or fact situation, taken partly from the actual work of a practicing lawyer. First might be called the planning transacting approach.In a given situation, a lawyer may be called upon to advise a client about the best way to go about some business or ain activity. At this stage the prime consideration is getting the objectives accomplished with the least risk of something going wrong. If the problem is drafting a contract, or preparing a will then the lawyer will need to know what the problems and pi tfalls are so that he can word the language of the instrument in such a manner as to avoid future controversy or litigation.He may not, at this stage, need to know precisely what the law is regarding each of his problems (the law may, indeed, be unsettled on those points), but he must be able to spot the problem so that he can avoid it. Second might be called the predicting approach. In some circumstances the lawyer is called upon to perform a task which basically is to predict how a court might rule on a question. Justice Holmes, in the U. S. is quoted as saw that law is nothing more nor less than a prediction of what the courts will do in a particular circumstance.The situation like this arises when a client comes to a lawyer with a dispute which has already arisen, and asks the lawyer whether he should sue in court. The lawyer may advise the client partly on the basis of his prediction whether the client will win. To a certain degree this is stating to the client what the law is , since the lawyer knows that the courts decision will be based on that law. Third might be called the advocacy approach. For instance a client has decided to bring a law suit (either with or against his lawyers advice).Now it is the lawyers task to do the best job of advocacy which he can do for his client. Under the adversary system of courts which we have, this is a very important function, because the philosophy is that if each side presents their best possible arguments, the courts will be able to rule more justly on the issue. But here the lawyers function is different from that of the two previous approaches. In this approach it is his task to marshal the strongest arguments, not to predict, nor to avoid problem issues. Fourth, and finally, comes the discriminatory or legislative approach.In this instance the lawyer (as a judge, legislator, member of a commission or committee, etc. ) is called upon to give his view as to what the law should be. Once again, this approach dif fers from the previous ones depict. Each of those tasks or approaches requires skills a bit different from the other. It is important for the law student to develop his talents in each of these directions. One way of doing this is to occasionally analyse a case, either in his private studies or in classroom discussion, according to each of these four approaches.As your self, in connection with a particular case on contracts or wills, how could I prepare a similar will or contract, which would have avoided the litigation described in this court opinion? Ask yourself if presented with this case today, or a similar case, how would I predict the courts would decide? Ask yourself, if given the task to argue for the plaintiff which arguments would I use? (Then ask the same question for arguments for the defendant). Finally, ask yourself, what should be the rule of law in that situation? The same analysis can be used in almost any law subject. THE INDIAN LEGAL SYSTEMJoseph Minattur INTROD UCTION To delve among the laws of India is like clean in the holy waters of Triveni. It leaves one refreshed and delighted refreshed from the pleasant contact with almost all the legal systems of the contemporary world, and delighted at the hopeful realisation that here in the Indian legal system lie the seeds of a unified, eclectic legal order which may soon pay back into maturity and spread its branches, like a banyan tree, all over south and southeast Asia. leash main streams join together to form the Indian legal system. That of the common law is perhaps the most dominant among them.Then there is the stream of laws springing from religion. The third is that of the civilised (romanist) law which energizes the system with unruffled ethical vital force and accords comeliness to its contours. Trickles of prevalent laws cherished by tribal societies and other ethnic communities also flow into the main stream. Like the Sarasvati near Prayag, the element of the civil law is not e asily perceptible, though it permeates the entire structure. So a word of explanation is perhaps warranted. The very idea to a scratch appears to have been derived from the codes of Continental Europe.When in 1788 a codification of Hindu law on contracts and succession was proposed by Sir William Jones to Lord Cornwallis, it was conceived to be on the model of the inestimable Pandects of Justinian. On 18 May 1783 A Regulation for forming into a perpetual computer code, all Regulations that may be enacted for the Internal Government of the British territories in Bengal was passed by the Governor-General and Council, some eighter years earlier, in 1775 Warren Hastings had A grave of Gentoo Laws or Ordinations of the pundits prepared and translated by Halhed a Judge of the peremptory Court at Calcutta.The same year Bentham offered to act as a sort of Indian Solon and thought of constructing an Indian musical compositional code. James Mill, one of his disciples at India support thought that his Draught of a New Plan for the France was applicable to India. Speaking on the Charter measurement of 1833 Macaulay said I believe that no country ever stood so much in need of a code of laws as India, and I believe also that never was a country in which the want might so easily be supplied. Section 53 of the Charter Act, 1853 declared that it was useful that such laws as may be applicable in common to all classes of the inhabitants ue regard being had to the rights, feelings and peculiar usages of the people, should be enacted and that all laws and customs having the force of law should be ascertained and consolidated and, as occasion may require, amended. The first Law Commission immediately after its appointment in 1833 with Macaulay as its President took up the task of codification. Under Macaulays individualised direction it prepared its first draft of the Indian Penal engrave and submitted it to the Governor-General in Council on 14 Legal Profession and th e Advocates Act, 1961 3 October 1837. When there were complaints that the progress of the Commissions work was unsatisfactory, Macaulay compared its progress with that of the authors of the cut codes. He pointed out that though the French Criminal Code was begun in March 1801, the Code of Criminal turn was not completed till 1810. It is also kindle to find half of the last century were on the same branches of law as were the French codes enacted earlier. incomplete in India nor in France was enacted a code on the law of civil wrongs.It is true that there was no comprehensive enactment on torts in England, but then there were no comprehensive enactments in England on any of the subjects covered by the Indian codes. It is not only in cherishing the idea of codification that the British Indian authoritiesexecutive as well as legislative bodies-appear to have been indebted to continental codes. As early as 1686 in a letter sent to Bombay the directors of the East India Company had evince the view that you are to govern our people there, being subject to us under His Majesty by the law martial and the civil law, which is only proper to India.The first Law Commission which drafted the Indian penal Code acknowledged its indebtedness to the French Penal code. In a letter of 2 May 1837 intercommunicate to the GovernorGeneral the Commission stated that it derived much valuable assistance from the French code and from the decisions of the French courts of justice on questions touching the construction of that Code. It derived assistance still more valuable from the code of Louisiana prepared by the late Mr. Livingston. The second Law Commission which sat in London from 1853 to 1856 expressed its view that hat India wants is a body of substantive civil law, in preparing which the law of England should be used as a basis. It, however, emphasised that such a body of law ought to be prepared with a constant regard to the conditions and institutions of India, and the ch aracter, religious and usages of the population. It also stated that in the social condition existing in India it was necessary to will certain general classes of persons to have special laws, recognised and enforced by our courts of justice, with respect to certain kinds of exertion among themselves.The Commission gave final shape to Macaulays Penal Code it also prepared drafts of the Code of Civil Procedure and the Code of Criminal Procedure incorporating into them materials left by the first Law Commission. The Legislative Council espouse the Code of Civil Procedure in 1859, the Penal Code in 1860 and the Code of Criminal Procedure in 1861. The third law Commission, appointed in 1861, was enjoined to prepare for India a body of substantive law, in preparing which the law of England should be used as a basis. The fourth law Commission expressed a similar view when it recommended in 1879 that slope law should be 4 Legal Profession and the Advocates Act, 1961 made the basis in a great measure of our future Codes, but its materials should be recast rather than adopted without modification. It, however, added that in recasting those materials due regard should be had to Native habits and modes of thought. The influence of Scots and their law on the framing and adoption of the early British India codes and other enactments deserves to be mentioned. For a number of Scots in the 19th century their prospects were not only along the highway to London, but from there across the high seas to Indian ports.Macaulay himself was of Scottish descent. Even when Scots were members of the English Bar, they were imbued with concepts derived from the civil law system. In the same way a they would prefer to preserve Scots law unsullied by English notions of Legal rule, they were inclined to keep Indian law unsullied by intrusions and erosions to English rules of law and tended to give due regard to native habits and modes of thought. We shall refer to few instances where the influence of the civil law is clearly discernible.Section 11 of the Indian evidence Act adopted in 1872 could not have been enacted in a fit of absent-mindedness. The section which lays down guidelines to determine relevance in the admissibility of evidence is a clear, and presumably a deliberate, departure from the English rule and brings the Indian law in this respect very relevant and fair. Another provision which is of pastime in this regard is section 165 of the Act. Commenting on it, Stephen has said Section 165 is intend to arm the judge with the most extensive power possible for the purpose of getting at the truth.The effect of this section is that in order to get to the bottom of the matter before it the court will be able to look at and enquire into every fact whatever. The Indian judge appears to be invested with ample powers under the Act to get at the truth and form his own conviction at time. It is not unfamiliar learning that the framers of the Indian Contract Act adopted several provisions of the Draft New York Civil Code. The Contract Act which does not purport to be a complete code only defines and amends certain parts of the law of contract, so that a rule of the Hindu law of contract like Damdupat is not abrogated.The rule stipulates that interest exceeding the amount of principal cannot be recovered at any time. It is still in force in some parts of India. The reason for not interfering with a rule like this must have been the sense of fairness cherished by the framers of the Act, though no such rule existed in English law. In the law of contract, consideration plays a significant role in India as in England. But the words of section 25 of the Indian Contract Act which accords boldness to a registered agreement, even though without consideration, appear to reflect the concept of cause in French law.In this brief introduction it is not intended to indicate all departures from English law in the Indian statutes. It may, however, be empha sised that when such departures were made, the legislators were generally induced to do so on consideration of what they thought suit Indian conditions or on considerations of equity. Legal Profession and the Advocates Act, 1961 15 It is generally assumed that India is a common law country. This assumption may have been justified to a certain extent if applied to British India. It is true that many of the concepts and most of the judicial techniques are of common law origin.But there is more than a sprinkling of other concepts and techniques, which cannot be overlooked. Indian codes or judicial procedure owe a great deal to procedure in England. But with the introduction of nyaya panchayats (village tribunals) which are indigenous in origin the English procedure has been virtually replaced at the grass root level. The functioning of nyaya panchyats may not be as widespread as is desired the fact however remains that at present there is a less formal procedure than the one followed until recent years.There is also general dissatisfaction, if not hostility to the complex, lengthened procedure derived from the common law system. With the reign of dharma which may be equated with equity while it comprises the concept of law unopposed to justice, there was no need in India to think of a separate branch of law known as equity detached from common law. We have already adverted to certain departures from English law even when rules of English law were believed to have been codified for the benefit of the Indian people.Neither the expression justice and right in the Charter of 1726 nor the phrase equity and good moral sense or justice, equity and good conscience in several regulations and Acts could have meant principles of English law. The Judicial Committee of the Privy Council was careful in its use of words when it pointed out that equity and good conscience had been generally interpreted to mean rules of English law if found applicable to Indian society and circu mstances. It has been observed that from 1880 or there about to the present day the formula has meant consultation of various systems of law according to the context.At present the Supreme Court of India is inclined to think that the phrase has given a connotation consonant with Indian conditions. In the early nineteen sixties a number of territories where the civil law prevailed became parts of the Indian Union. In the Union territory of Goa, Daman and Diu, Portuguese civil law was in force, even after the extension of several Indian enactments to the territory, it is generally the provisions of the Portuguese Civil Code which apply to the people of this territory in matters of personal law.In the former French settlements of Pondicherry. Karaikal, Mahe and Yanam which, when ceded, were formed into the Union territory now known as Pondichery, there are Indian citizens who are governed in matters of personal law by the provisions of the French civil code as they existed at the time of the cession. There are also other renoncants who are French citizens live in Pondicherry to whom provisions of the French Civil Code relative to personal law will apply with all subsequent amendments.In these circumstances, the element of the civil law in the fabric of Indian law cannot be brushed aside as negligible. And this element affects domestic relations which are on negligible part of a citizens carriage. The customary laws of various tribal communities and other ethnic groups also form part of the law administered in India. To cite one instance matriliny among the Mappila Muslims of Kerala, though not favoured by the tenets of Islam, is permitted to play a important role in the rules of succession applicable to them.In the light of the presence and prevalence of French and Portuguese laws, customary law of various ethnic groups and laws based on religion of the several communities, the introduction 16 Legal Profession and the Advocates Act, 1961 of indigenous judicia l procedures in village tribunals and several other factors, one cannot possibly death ones eyes and regard the Indian legal system as belonging to the common law family. It would be more justified to regard it as a mixed system.If Indonesian law with its admixture of customary laws based on religion could be regarded as a mixed system there is no reason why Indian law should not be so regarded. though the provisions of the French and the Portuguese civil codes relative to domestic relations are in operation in certain regions only, laws grounded in religion or custom are followed all over the country. The mosaic of Indian law may have a large number of common law pieces but marble quarried from France and Portugal, gilt leaves brought from Arabia and clusters of Precious stones gleaned form Indian fields do deserve to be discarded.When India adopts a civil code, under the directive in the Constitution it is likely to be eclectic in character, it may have in it a harmonious admixt ure of various laws based on religion and customary laws, as well as provisions derived from western codes and the English common law. Owing to its eclectic character and especially because it would attempt to harmonise provisions of personal laws derived from religion prevalent in the region, the civil code may be found worthy of emulation in south and southeast Asia.It may thus pave the way for unification of laws, though perhaps limited geographically in extent. If in ancient days, Indian assimilation was permitted, without any hitch or demur, to permeate social and political institutions and life in general in this region, there is no reason why Indian legal culture cannot play a similar role in the near future as well. The Indian Prime Minister recently expressed his hope that during the next nine years, India would achieve significant progress in every field and would leave behind guidance and inspiration to other countries.He also stressed that Indias influence had been inc reasing in Southeast Asia and westmost Asia. Even when one is not sure whether the mention of nine years has any special significance, one can hopefully assume that if an Indian civil code is adopted soon, it may tend to guide and inspire legislators in the neighbouring states. What the Napoleonic code has done for continental Europe, the Americas, and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and Southeast Asia. ***** Legal Profession and the Advocates Act, 1961 17 OUR LEGAL SYSTEM N. R. Madhava MenonThe legal system of a country is part of its social system and reflects the social, political, economical and heathenish characteristics of that society. It is, therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. It is true in the case of India also even though the legal system we now have is for the most part the gift of the British rulers. There is a view that the system is still alien to the majority of Indians whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal if not alone non-existent.The language, technicality and procedure of the inherited legal system are indeed factors which limit access to justice for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and the Constitution offer the opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given unto themselves on the 26th January 1950. It is in this context familiarity with law and its processes becomes essential to every Indian, rich or poor, man or woman, young or old. Components of a Legal SystemA legal system consists of certain basic principles and values (largely outlined by the Constitution), a set of functional norms including rights and duties of citizens spelt out in the laws -Central, disk operating system a nd local, institutional structures for enforcement of the laws and a cadre of legal personnel empower with the responsibility of administering the system. The Constitution The perfect Law of the Land The Constitution of a country is variously described depending upon the nature of the policy and the aspirations of the people in a given society.It is generally a written memorandum and assumes the character of a federal (several independent units joined together) or unitary form of government. India is declared to be a Socialist, Secular, Democratic Republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of 700 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people.In other words, it is a political document which distributes State power amongst different organs (Central and State Governments, Legislativ e, Executive and Judicial move of each Government) and regulates its exercise in its incidence on the people. The form of government is democratic and republican and the method is parliamentary through adult franchise. The coatings are spelt out in Preamble itself which seeks to secure to all citizens Justice, social, economic and political Liberty of thought, expression, faith and worship Equality of status and of opportunity, and to promote among them all. Fraternity assure dignity of the individual and the unity and integrity of Nation. 18 Legal Profession and the Advocates Act, 1961 To achieve this goal of dignity of the individual with justice, liberty and equality the Constitution guarantees certain Fundamental Rights and provides for its enforcement through the High Courts and the Supreme Court. These basic Human Rights include (a) Equality before law, (b) Equality of opportunity in matters of public employment. (c) rampart of discrimination on grounds of religion, sex et c. (d) Protection of life and personal liberty. e) Protection of right to freedom of speech, of assembly, of association, of movement and of profession or occupation. (f) Prohibition of forced labour, (g) Right to freedom of religion, (h) Protection of interest of minorities, and (i) Right to constitutional remedies for enforcement of the above rights Further, towards achieving the goals set out in the Preamble, the Constitution gives certain Directives to State to follow in its policies and programmes. Principles of State Policy have been accepted to be as sacrosanct as Fundamental Rights.In other words, they together constitute a reference for State action in every sphere. The Constitution envisages a unique place for the judiciary. Apart from overseeing the exercise of State power by the Executive and the Legislatures of the State and the Central Governments, the Supreme Court, and the High Courts are charged with the responsibility of effectively protecting citizens rights thro ugh its writ jurisdiction. This offers a cheap and expeditious remedy to the citizen to enforce the guaranteed rights.The Supreme Court liberalized the rules so as to enable poor and illiterate citizens to have easy access to courts for enforcing their basic rights. The Rule of Law is supreme and the independency of judiciary is reality in our country. This forms the bulwork of democracy and compels every one to abide by the law in his own interest. Constitutional government principles involved in it ought to be understood and subscribed to by every Indian if we are to succeed in our declared goals. Laws, Civil and CriminalThe laws of the country are too numerous, alter and complex they are bound to be so because law is as large as life itself which is increasingly becoming complex in, every sphere. In a Welfare State like ours, laws are at the more so because they are expected to regulate a variety of social and economic activities so as to subserve the common good. Inspired by th e Constitution, Parliament, State legislatures and local councils make and unwrap the laws day in and day out as the occasion demands. Courts interpret them in specific fact situations and, in the Legal Profession and the Advocates Act, 1961 19 rocess, extend the scope and application of the laws. The common man may get lost in the maze of legislations coming from all sides and contribute to its complexity by creating his own laws through contracts and agreements with others he has to deal with. On the basis of the remedies sought and the procedure followed, all laws can be grouped into two categories, namely, Civil Laws and Criminal Laws. Broadly speaking, criminal law is concerned with wrongs against the community as a whole, while civil law is related to the rights duties and obligations of individual members of the community between themselves.Civil Law includes a number of aspects which may be grouped under six or seven major headings such as family law, the law of property, th e law of tort, the law of contract, the law relating to commerce and business, labour law, law of taxation etc. Family law, which in India has its source both on statute and religion, comprises of the laws governing marriage, divorce, maintenance, custody of children, adoption inheritance and succession. Though the Constitution envisages a Uniform Civil Code, each religious group at present follows largely its own norms in matrimonial and family relations.The law of property includes rights of ownership, transfer, mortgages, trusts, intestacy and similar matters. The law of contracts, is concerned with the enforcement of obligations arising from agreements and promises. This includes transactions such as sale of goods, loans of money, partnerships, insurance, guarantees, negotiable instruments, agency and the like. The law of torts deals with propriety of actions and infraction of duties. Injuries to person or property caused by failure to take reasonable care and caution leads to a ctionable wrongs under tort, which usually compensates the dupe of such injuries.Laws of commerce and business, which includes contract law, relate to economic operations of individuals, partnerships and companies and governmental regulation of them. Even law of taxation forms part of commercial laws. Labour law deals with the relationship between employer and employees in the production and distribution of wealth. Criminal law is concerned with public wrongs or wrongs against the order and well being of the society in general. The persons guilty of such wrongs are prosecuted and punished by the State.These wrongs are specific and are defined in the Penal Code and a few other special and local laws. One important aspect in this regard is that criminal laws insist (apart from a few exceptional offences) on a particular intent or state of mind as a necessary ingredient of a criminal offence. It also recognizes degrees of criminality and gradations of crime. Ignorance of law is never t aken as an excuse. Certain situations where guilty intention could not have been entertained such as infancy, insanity mistake of fact etc. they are recognized as defences to criminal responsibility. Offences are classified on the basis of the objective or otherwise. Thus there are crimes against the human body, property, reputation of the individual, against the State or against public rights. On a procedural basis they are classified as cognizable and non-cognizable (cognizable are those in which the police can investigate or arrest persons without judicial warrant), bailable and non-bailable, compoundable or otherwise. 20 Legal Profession and the Advocates Act, 1961Procedural Laws, Civil and Criminal close to proceedings in the Supreme Court and the High Courts are governed by Rules of Procedure made by the Courts themselves under powers given by statute. The Civil and Criminal Procedure Codes and the Evidence Act do apply to judicial proceedings in these courts as well. The wri t procedure under Articles 32 and 226 is unique to these courts and is intended for the quick enforcement of Fundamental Rights whenever they are threatened by the State or its agencies.In such situations citizens can approach these courts even through a letter sent by post as the Supreme Court has declared that procedure should not be allowed to come in the way of dispensation of justice. For the enforcement of civil rights and obligations a suit before a civil court is usually instituted. The procedures for trial and appeals including execution of decrees and orders are laid down in the Code of Civil Procedure. Valuation of suits for purposes of jurisdiction is made according to the Suits Valuation Act.The amount of court fees to be paid on plaints and appeals is determined by the Court Fees Act. The Limitation Act prescribes the periods of limitation with in which suits can be filed. The Evidence Act regulates the relevancy, admissibility and probative value of evidence led in co urts, civil and criminal. The trial is in the nature of adversary proceedings where two parties oppose each other in a suit or action between parties. The procedure commences with pleadings, which set out the precise question in dispute or the cause of action.The opposite party (the defendant) may file a written statement to admit or deny the allegations in the plaint. The pleadings may be supplemented by the parties by making admissions of fact, answers and interrogatories, oral statements before the court and by admissions and denials of documents filed by them. The hearing of a suit commences with the serving of a copy of the plaint to the defendant. A party can appear himself in court for the hearing or make appearance through an agent or a pleader. According to the Advocates Act right to employment law before courts is given to Advocates only.In the proceedings, parties have to summon their witnesses for deposing in court. The trial involves recording of evidence of witnesses on a day-to-day basis at the conclusion of which judgment is to be pronounced in open court. Because civil proceedings are private matters, they can