Does Legal Reasoning Differ From Moral Reasoning Essay Example

Does Legal Reasoning Differ From Moral Reasoning Paper Does Legal Reasoning Differ From Moral Reasoning In Any Way? Different bookmans have come to different decisions refering the connexion between moral and legal logical thinking. Legal logical thinking is a procedure undertaken by Judgess. It is besides the procedure of divining legal theory. This essay will concentrate on both types of legal logical thinking and their connexion with morality. First, MacCormick’s formalist attack will be discussed, secondly the political position of the Critical Legal Studies Movement, thirdly, Dworkin’s construct of jurisprudence as unity, fourthly the relationship between ‘practical reason’ and jurisprudence, fifthly, Hart’s lingual doctrine will be discussed as a method of value free legal logical thinking and eventually the difference between moral and legal logical thinking will be discussed in the visible radiation of the essay. We will write a custom essay sample on Does Legal Reasoning Differ From Moral Reasoning specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Does Legal Reasoning Differ From Moral Reasoning specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Does Legal Reasoning Differ From Moral Reasoning specifically for you FOR ONLY $16.38 $13.9/page Hire Writer For MacCormick, a lawfully concluding justice is bound by the demand to ‘do justness harmonizing to law.’ [ 1 ] For the most portion, he is non to roll into political morality, instead, he is to lodge to the field significance of the jurisprudence. InLegal Reasoning and Legal Theory[ 2 ] McCormick shows how, in some cases, judicial logical thinking can be strictly deductive. That is to state that the justice moves from a major and minor premiss to a logical decision. Deductive logical thinking is a logical procedure and free from value opinions. He sets out an illustration of deductive judicial logical thinking inDaniels and Daniels v R. White and Sons and Tabard 1938[ 3 ] . In that instance, the complainant, Mrs Tabard had been sold a bottle carbolic acid instead than the lemonade she ordered. Finding the suspect to be apt, MacCormick argues that the tribunal reasoned therefore ; major premiss, there is an incontestable regulation of the legal system ( here s.14 ( 2 ) of the Sale of Goods Act 1893 ) , minor premiss, the facts of the instance, deductive decision, the tribunals determination in favor of Mrs Tabard. Such deductive logical thinking is non ever possible. In ‘hard’ instances, judicial logical thinking can non be dictated by such simple, value free, logic. MacCormick contends, nevertheless, that to a really big extent, judicial logical thinking is non moral logical thinking. It is deserving disbursement sometime sing what ‘hard cases’ really look like. MacCormick characterises them as falling into three classs, jobs of ‘relevancy’ , ‘interpretation’ and of ‘classification.’ The illustration he gives for relevance is the celebrated instance ofDonoghue V Stevenson ( 1932 )[ 4 ],in this instance the House of Lords had to make up ones mind whether or non the responsibility of attention regulation was relevant between consumers and makers. His illustration for reading is specific to equivocal legislative acts. InEaling V Race Relations Board 1972[ 5 ],the House of Lords had to make up ones mind whether the instead equivocal statutory give voicing forestalling favoritism on evidences of ‘national origin’ besides encapsulated the term ‘legal nationality’ . The tribunal, in fact, held that favoritism because of legal nationality was allowable under English jurisprudence. A job of categorization is shown byMacLennan V Maclennan 1958[ 6 ],here, the tribunal had to make up ones mind whether or non unreal insemination is distinctive under the bing legal regulations specifying criminal conversation. Judges, in ‘hard’ instances, do non ‘set aside the jurisprudence books’ and dainty ‘gaps’ in the jurisprudence as an chance to pass, instead, they assess the substantial mass of jurisprudence contained in the ‘law books’ in line with certain modification demands. The demands of ‘formal justice’ , ‘consistency’ and ‘coherence’ . Having taken these demands into history, the justice so decides on the footing of which determination would hold the best effects. In make up ones minding the best result in relation to effects, nevertheless, the tribunal can non govern unless its determination is permitted or correspondent to an bing legal regulation. In a ‘hard’ instance the judges’ determination is limited foremost by ‘formal justice.’ This has a really specific significance. MacCormick considers formal justness to intend that no determination can be given that can non be universalised. No determination is a complete ‘one off.’ If you say that X has a right to retrieve for foreseeable harm suffered from a decomposed snail in a mass produced bottle, you have invented a category of fortunes in which such a determination will ever be the instance. The demand of consistence is the same as it’s lay-meaning. Judicial opinions can non belie other countries of jurisprudence. For MacCormick, the jurisprudence has ‘rational purpose’ , that is objectively identifiable purposes. The demand of coherency in judicial opinions means that the tribunal can non make up ones mind in such a manner that contradicts the general purposes of the jurisprudence. The illustration he gives is that the tribunal can non make up ones mind that different coloured autos should hold different velocity bounds, because that would be out of sync with any nonsubjective rational intent in the organic structure of jurisprudence. Taking into history these demands, the judge’s logical thinking is farther limited by MacCormick’s construct of ‘principle.’ For MacCormick, rule in jurisprudence exists as a affair of fact. A legal rule is merely deducted from bing legal regulations. A justice can non do a determination which departs from bing legal rules. He can, nevertheless, make determinations by analogy to rules, i.e. he can widen bing rules into similar instances. The justice is clearly highly limited by the substance of the ‘black letter’ jurisprudence and the nonsubjective reason behind it. Inside these restrictive parametric quantities, the justice has to make up ones mind the instance on the footing of the ‘best consequence.’ The effects of a opinion can be conveying about disciplinary justness ( redresss ) , accomplishing the purposes of community moral criterions and accomplishing the objectively recognized regulations of public policy. It is merely at this point that subjective moral criterions weirdo in to judicial logical thinking. Harris, depicting MacCormick says, ‘There comes a point at which effects may be agreed and yet honorable work forces still differ as to the opinions which are justified. At this phase the pick is irreducibly subjective.’ [ 7 ] That is to state, in some fortunes, the inquiry of what effects it is desirable to convey about by a opinion is down to the moral and political picks of single Judgess, so long as the determination is compatible with, formal justness, consistence and coherency and so long as the determination is permitted by bing legal principal or is correspondent to one. MacCormick, does nevertheless, permeate his theory of judicial concluding with a normative facet. His theory is non simply a description of what Judgess really do ; he besides intends that it is what they should make [ 8 ] . This implies a moral facet, as a justice who did non ground along his lines would be ‘wrong’ . In fact, the statement could be extended farther, a justice concluding independently of MacCormick’s theoretical account could be concluding amorally because he has thrown aside his responsibility to make ‘justice harmonizing to law.’ As a strictly descriptive theory, nevertheless, MacCormick goes a long manner to dividing legal logical thinking from morality. Judges’ subjective moral sentiments and political doctrines merely come into drama in really restricted fortunes, i.e. measuring which effect is the best result of a regulation. In contrast, from the American position of the critical legal surveies motion, legal logical thinking can be characterised as pure political relations. Formalism, is a myth. Borrowing from the legal realists, the critical legal surveies motion adopted a doubting attitude to judicial legal logical thinking. This attitude has been characterised as ‘rule scepticism’ and ‘fact scepticism’ . [ 9 ] Hugh Collins [ 10 ] has written that regulation agnosticism is the averment that the chief map of regulations prevarications, ‘In retrospective justification or legitimation, that is to show the judicial determination as lawfully right and inevitable.’ Aboard this, fact agnosticism states that Judgess pick and choose the facts of a instance to suit their ain political relations. As Collins argues, ‘According to the realists, the facts are non ‘out there’ , but are selected and described with a position to both a rhetorical justification of the judge’s determination, and to a building of events so that a relevant legal regulation or rule seemingly determines the result.’ [ 11 ] Indeed a contrast of the House of Lords and the Court of Appeal word picture of the facts inRuxley Electronics and Construction Ltd V Forsyth[ 12 ] neatly demonstrate this averment, ‘The Court of Appeal painted a image of a enduring Mr Forsyth covering with an unqualified builder, whereas the House of Lords, told the narrative of a patient, flexible and generous contractor covering with a bloody-minded, timeserving and unreasonable client.’ [ 13 ] Not surprisingly, the different tribunals came to different decisions. This attack contrasts aggressively with MacCormick s formalized theory of judicial ground. Judges, harmonizing to ‘sceptical’ theory, do non fastidiously construe the jurisprudence either by subtracting from major and minor premises, or by paying close attentiveness to rules and analogy. Rather, they come to a decision and so utilize the regulations as, ‘pretty drama things.’ [ 14 ] The Critical Legal Studies motion believed it had formalists over a barrel. If nonsubjective rules, as espoused by MacCormick exist, why is the jurisprudence so incoherent? Surely settled rules iron out all struggle in the jurisprudence? The reply is that jurisprudence is a forum for political battle, its concluding reflects the political struggles outside the tribunal room. This shows that the jurisprudence is merchandise of political relations and non nonsubjective theory. Collins illustrates the point through an illustration from contract jurisprudence [ 15 ] . An nonsubjective rule is said to be that a binding contract must be supported by good consideration (Currie v. Misa[ 16 ]1875) . A regulation sceptic attack would propose that the construct of consideration is ductile and the tribunals are prepared to contrive good consideration by writhing the philosophy to the facts of the instance. A Critical Legal Studies author would farther propose that the construct of just estoppel (Maclaine V, Gatty 1921[ 17 ] ) , which is sometimes applied in consideration instances, is from an wholly different mold than the original rule, so it is politically contradictory to it. ‘Consideration embodies a position of the duties owed between citizens that stresses how they should merely originate through the chase of opportunism, whereas, estoppel embodies a principle that citizens owe in add-on duties to those who reasonably rely on them.’ [ 18 ] The major job with this line of idea is that it is clear that the jurisprudence is, to an extent, predictable. If nonsubjective rules do non be at all in the jurisprudence and Judgess merely use their ain political relations at caprice, there would be no legal certainty at all. In The Politicss of the Judicary [ 19 ] , Griffith suggests that the judiciary semen from a similar mold. They are middle-of-the-road conservativists, with similar prepossessions, connected to the fact that they are from similar backgrounds. It can be argued that this is why the jurisprudence is predictable ; when it comes to legal logical thinking, Judgess ground in a similar manner. An alternate position is that espoused by Llewellyn, that different tribunals have different ‘folkways’ and a legal professional, soaked in the ambiance of any peculiar tribunal, could foretell the right reply, ‘eight out of 10 times.’ [ 20 ] While the Critical Legal Studies motion sees a nexus between legal logical thinking and political relations, it does non concentrate on moral logical thinking as holding any built-in connexion with the judicial procedure. Harris suggests that the ground the motion has non focussed on any nexus between moral and legal logical thinking is because it is portion of the wider motion of 20th century postmodernism. Harmonizing to this position, ‘There are no such things as ‘sound theory’ and no such entity as ‘the human subject.’ Once we appreciate that, we will be liberated to believe about concrete relationships and to trade with one and another any figure of buildings, or Reconstructions of them.’ [ 21 ] Without sound theory or the human topic, positions as to the ‘morally correct’ are non sustainable. Rather, the focal point displacements to the political. So far, the formalized attack to judicial logical thinking has been considered, which states that there is no connexion between judicial logical thinking and moral logical thinking, because nonsubjective rule exists in a moral vacuity and the critical surveies motion, who focus on the connexion between legal logical thinking and political relations shuning a connexion between legal logical thinking and morality as a effect of their station modernism. Dworkin rejects both these positions. For him legal logical thinking is connected to moral logical thinking in the closest possible manner. A justice must ground morally before he decides a instance. InLaw’s Empire[ 22 ] , Dworkin theorised that jurisprudence could be conceived in the same manner as literary reading, Harris defines this attack, ‘We take the informations – the obvious cases of the pattern, an artistic work or a literary text – and we advance a construct of it which makes in the best example of the genre to which it belongs. The same is true with law.’ [ 23 ] In seting frontward the best reading of jurisprudence possible, we necessarily convey our moral values into drama. The best theory of jurisprudence is one thatbothtantrums with the substantial information and has moral value. Dworkin applies the theory to the inquiry, ‘how is province coercion to be justified? ’ Dworkin first applies his interpretive theory to ‘conventionalism’ , the nonsubjective rule-based statements espoused by MacCormick. He concludes that the thought that nonsubjective regulations systematically deliver replies does non hold ‘fit’ with the facts on the land. He besides concludes that the theory is morally unwanted, frequently nonsubjective facts do non be in ‘the jurisprudence books’ to specify the jurisprudence and, hence, when Judgess deprive people of belongings or autonomy, they are moving without proper justification. Next he applies his theory to ‘pragmatism’ , as embodied by the legal realist and critical legal surveies motions. Dworkin claims that jurisprudence means justified coercion, hence, as the pragmatists merely have political relations, non legal justification, i.e. there is no jurisprudence. This is non a moral job so long as your statements are politically sound, but the theory merely does non suit with the informations on the land. It is clear that Judgess are non ‘just pretending.’ [ 24 ] Law as unity, is Dworkin’s preferable theoretical account. He draws a analogue with an person that an ‘interpretative community’ would see as holding the values of unity, i.e. a good thought-out system of coherent values and jurisprudence. If jurisprudence was to hold those values, the reply to the inquiry, ‘when is coercion justifiable? ’ can be answered, as Harris paraphrases as when, ‘Community establishments are seeking to widen concern and regard to all on a footing of equality.’ [ 25 ] A justice, hence, in his legal logical thinkings, must take this moral end into history. In what Penner calls, ‘the most startling characteristic, ’ [ 26 ] of Dworkin’s theory, ‘law as integrity’ is non intended to be an abstract description, instead, it is a theory that Dworkin considers is really put into pattern by Judgess. Penner claims that Dworking makes Judgess into moral philosophers. When make up ones minding instance, a justice goes through the procedure of concluding that has merely been described and comes to the decision of ‘law as integrity.’ The justice has, hence, concluded that the jurisprudence espouses the value that the community through its coercive passages, ‘respects the cardinal right of all citizens to equal concern and respect.’ [ 27 ] Dworkin creates a justice named Hercules with superhuman concluding ability to exemplify his point. Hercules compares moral considerations with ‘fit’ , i.e. the bing legislative acts and instance jurisprudence. Heracless may experience that the bing statues and instance jurisprudence reflect an imperfect system of rights, but every bit long as those imperfect rights are distributed every bit, he has found the jurisprudence because it has ‘integrity’ . This is an ‘easy’ instance. In a ‘hard case’ the bing legislative acts and instance jurisprudence and the necessity the moral considerations may indicate to different decisions. Harris neatly paraphrases the consequence of this state of affairs, ‘Perhaps, of three positions about a peculiar legal inquiry, X is superior to Y, and Y to Z, in footings of political morality. However, whereas X will non suit the legal stuffs, both Y and Z do fit. Then the jurisprudence is Y.’ [ 28 ] This shows that Hercules has to strike a balance between ‘fit’ and morality. What so constitutes morality in this procedure of judicial logical thinking? First, the construct of justness, which for Dworkin are those values that the ideal legislator would put down, 2nd, procedural due procedure, the thought that one time a regulation has been developed that people have relied upon it should non be changed and equity, something that is supported by bulk sentiment. ‘Fit’ besides has a farther dimension, with some legal stuffs, Hercules is bound by fit even if he thinks the legal stuffs are incorrect. He is, nevertheless, entitled to give them their narrowest possible reading. Hercules takes a holistic attack to the jurisprudence. Dworkin famously said, ‘The jurisprudence may non be a seamless web ; but the complainant is entitled to inquire Hercules to handle it as if it were.’ [ 29 ] Heracless, hence, takes all extant legal stuffs and constructs a strategy of rules, doing the jurisprudence coherent. Dworkin’s theory does non merely differ from MacCormick’s by including identifiable moral values in judicial logical thinking, they besides differ on the nature of rule. For MacCormick, rules are an nonsubjective fact, but for Dworkin, they have a moral dimension. ‘Arguments of rule warrant a political determination by demoing that the determination respects or secures some group right.’ [ 30 ] This is of import, because it shows that rule, in a moral sense of ‘rights’ pervades judicial logical thinking, something which MacCormick would deny. Dworkin besides asserts that Judgess do non pass, even if it appears that they do. This is because there is ever a morally ‘right’ reply. Harris suggests that this is in two senses, foremost, that a justice must ever come toanreply because that is his occupation, a justice ever chooses a ‘right’ reply because that is what is expected of him. [ 31 ] Second, nevertheless, and more interestingly, the right reply thesis means that the sum of information that a justice can pull upon is so wide ( bearing in head it takes in moral statements every bit good as the bing legal stuffs ) , that a right reply is ever possible. This is besides in blunt contrast to MacCormick’s consequentialist concluding – that a justice legislates when the formal regulations have run out in line with what he thinks are the ‘subjectively best consequences.’ Dworkin has clearly put together an elaborate and persuasive theory linking moral and legal logical thinking. It has non, nevertheless, been without its disparagers. Simmonds 1987 [ 32 ] and Marmor 1992 [ 33 ] attack the thought of comparing ‘fit’ and moral/political value in order to come to a decision. This is because ‘fit’ by its nature is an reading and a ‘question of political theory’ , after set uping this the thought of comparing ‘fit’ and moral/political value seems non be a comparing at all, or instead it is comparing like with similar. [ 34 ] Alternatively, Finnis ( 1987 ) [ 35 ] claims that ‘fit’ and moral/political value are non ‘commensurate’ , he accepts that they are different values, but does non accept that it is possible to compare them. A concretised version of this statement can be found in the averment that you can’t compare love and money. Fish ( 1982 ) has contended that the reading of the legal stuffs is non a affair of fact, instead there are tonss of different readings of text depending on which interpretive community you come from, ‘One doesn’t merely happen a history ; instead one views a organic structure of stuffs with the premise that it is organized by judicial concerns. It is that premise that gives form to the stuffs, a form that can so be described as holding been found. Furthermore, non everyone will happen the same form because non everyone will be continuing with the same impression of what constitutes a judicial concern.’ [ 36 ] It is Simmonds’s unfavorable judgment that seems the most hard to rebut. Dworkin has accepted Fish’s ‘interpretation is societal construction’ statement as complementary to his theory and go forthing it in tact. Finnis’s commensurability statement he refutes by ‘shifting the load of proof’ , inquiring how can Finnis turn out they are non commensurate? [ 37 ] In order to rebut Simmonds, nevertheless, it is necessary to keep that ‘fit’ and moral/political values have a substantial difference. Outside the inquiry of tantrum and reading, Penner considers the averment that jurisprudence is about justified province coercion to be tremendously controversial. [ 38 ] A celebrated illustration of a non coercive jurisprudence, is the right to self defense mechanism. Dworkin in Law’s Empire asserted that, ‘In the terminal all my statements are hostage to each reader’s sense of what really does and can go on in the tribunal room.’ [ 39 ] It is, hence, submitted that Dworkin can be attacked with his ain interpretive construct of tantrum, that is to state that an statement must non belie the available informations. It is surely non instantly obvious that Judgess take after Heracless in their judicial logical thinking. Harris does, nevertheless draw attending to the opinion of Lord Scarman inMcloughlin V O’Brian ( 1983 )[ 40 ],where he held that Judgess deal in rule and non policy, ‘The separating characteristic of the common jurisprudence is this judicial development and formation of principle†¦..if rule inexorably requires a grade of policy hazard, the court’s map is to judge harmonizing to principle.’ Harris, besides points out, nevertheless, that in the same instance Lord Edmund Davies said, ‘In my opinion, the proposition that ‘’the policy issue is non justiciable is startling†¦Ã¢â‚¬ ¦ . In my respectful opinion it runs counter to well-established and entirely acceptable jurisprudence. [ 41 ] It seems clear that Judgess by and large don’t put themselves in the place of Hercules, so, it is possible for the bench to be politicised. The legal realist Judge Jerome Frank has stated, ‘For any peculiar ballad individual, the jurisprudence, with regard to any peculiar set of facts, is a determination of a tribunal with regard to those facts so far as that determination affects that peculiar individual. Until a tribunal has passed on those facts, no jurisprudence on that topic is yet in existence.’ [ 42 ] Such a statement is a long manner off from Dworkin’s thought that the jurisprudence is a consistent whole. Penner points out that the legal stuffs available to Hercules may be systematically morally fishy [ 43 ] . He asks how Hercules would hold coped with the legal stuffs in apartheid South Africa, could such stuffs truly be compared with, justness, procedural due procedure and equity in any meaningful manner? Harris suggests that possibly merely as Hart’s theory requires a ‘minimum content of natural law’ to work, Dworkin’s needs a minimal content of justness in the bing legal stuffs. [ 44 ] Legal philosophers have non merely applied themselves to the nexus between judicial logical thinking and morality. Natural attorneies consider that it is through moral logical thinking that legal logical thinking becomes possible. Richard Nobles and David Schiff assert that Aristotle believed, ‘The beginning of values prevarications in nature, in peculiar, human nature.’ [ 45 ] Man, he reasoned, is a societal animate being, destined by nature to populate in groups, both the household and political grouping. Law, hence, should promote the common good in a political metropolis province, every bit good as advancing the instruction and raising of immature in a household. For the classical natural attorneies there was a nexus between concluding and natural morality, because it was through logical thinking that the morally right could be discerned. Cicero writes, ‘Law is the highest ground, rooted in nature, which commands things that must be done and prohibits the opposite.’ [ 46 ] Aquinas drew upon this line of logical thinking, but for him there was another degree of moral certainty ; Christian disclosure. Aquinas describes four types of jurisprudence. Ageless jurisprudence is God-given jurisprudence regulating all creative activity. Natural jurisprudence is tax write-offs from nature as described by Aristotle. Divine jurisprudence is jurisprudence revealed through Holy Scripture. Human Torahs, are regulations, supported by ground for the common good. [ 47 ] Human Torahs merely have legal quality when they ‘bind in conscience’ as a consequence of being derived from natural jurisprudence. Aquinas, nevertheless, had a different construct of the common good from Aristotle, ‘The purpose of the good life on this Earth is blessedness in Eden ; it is the king’s responsibility to advance the public assistance of the community in such as manner that it leads to the felicity of heaven.’ [ 48 ] In spoting moral jurisprudence that bind in scruples, Aquinas believed that some legal/moral truths were wholly self evident to everybody such as, ‘Every whole is greater than one of its parts.’ [ 49 ] On the other manus, some legal/moral truths are merely available to the educated, for illustration, ‘As to one who knows that an angel is non a organic structure, it is axiomatic that an angel is non circumscriptively in a topographic point, but that is non manifest to the unlearned who can non hold on it.’ [ 50 ] If jurisprudence can non stand up to this procedure of ground, it is non accordance with adult males societal terminals and is natural disposition to cognize the truth about God, it is oppressive. ‘Tyrannical jurisprudence, non being harmonizing to ground, is non at all in the true and rigorous sense, but is instead a perversion of law.’ [ 51 ] For Aquinas, hence, moral logical thinking and legal logical thinking are really near to indistinguishable. Law that has non been morally reasoned from nature is a perversion of the jurisprudence. Subsequently bookmans have contended that he was incorrect, nevertheless, in concluding jurisprudence from nature. The noncognitivist, David Hume argued that there is no rational procedure by which we can cognize what is morally right and incorrect. ‘In every system of morality, which I have hitherto met with. I have ever remark’d, that the writer returns for some clip in the ordinary ways of logical thinking, and establishes the being of a God, or makes observations refering human personal businesss ; when of a sudden I am surpriz’d to happen, that alternatively of the usual sexual intercourses of propositions,isandis non, I meet with no proposition that is non connected with anoughtor anought non. [ 52 ] Hume’s celebrated is/ought cleavage, asserts that jurisprudence which has normative value, ‘ought’ , can non be deduced for a fact of nature, ‘is.’ This caused a seismal displacement in the manner bookmans connected moral and legal logical thinking. Harris points out that Aquinas is non, needfully, ‘scuppered in port.’ [ 53 ] Possibly, he argues, there are premises about which perfectly everyone can hold, for illustration that the self-respect of adult male requires everyone to hold a lower limit of nutrient and security. If that was the instance the jurisprudence should reflect those basic propositions. This is similar to Hart’s ‘minimum content of natural law’ in his otherwise positive theory. Finnis, in response to positivism, argues that we are non covering with logical necessities. He draws upon the construct of ‘self apparent knowledge’ . [ 54 ] He claims that worlds are endowed with a capacity for moral ground, ‘practical reason’ . We can divine moral truths through a brooding procedure. Once this is done, we have moral ‘facts’ . That is to state that the procedure of practical ground nowadayss us with an automatic ‘ought’ , it presents us with aim, incontestable, moral absolutes. In this manner, the is/ought cleavage is circumnavigated. In position of Finnis’s theory, is it so impossible to ground about jurisprudence without moral speculation? Austin’s positive theory that jurisprudence is a bid of the crowned head backed by force has been widely criticised for go forthing excessively many inquiries unreciprocated. [ 55 ] Hart, nevertheless, believes he has a manner of concluding which is wholly disconnected from moral contemplation but that will still bring forth a coherent and recognizable theory of jurisprudence. He criticises Austin for following the standard definitional theoretical account per genus et differentiam, i.e. ‘an elephant is a four-footed distinguished from other such animals by the ownership of a bole, because that method of definition focal points on the fringy ( being quadruped and holding a bole ) instead than on the of import factors, i.e. the ‘central case.’ Nicola Lacey describes Harts attack to lingual doctrine, ‘The hint to understanding jurisprudence is, foremost, to see that legal constructs have to be understood in the context of the sentences and legal philosophies in which they arise†¦ . And 2nd, that it is impossible to specify jurisprudence in footings of a finite figure of characteristics of which, if any is losing, the phenomenon fails to qualify.’ [ 56 ] In Hart’s ain words, ‘If we put aside the inquiry ‘what is a corporation? ’ , and inquire alternatively, ‘Under what types of conditions does the jurisprudence ascribe liabilities to corporations? ’ , this is likely to clear up the existent working of the legal system and convey out the precise issues at stake.’ [ 57 ] Hart’s procedure of legal logical thinking was, hence, wholly value free. Rather, it is rooted in the significances of words. In order to claim that Hart has non reasoned lawfully because he has non reasoned morally, you would hold to claim that Hart’s theory is non legal logical thinking at all. Hart’s lingual doctrine has showed us, that it is possible to lawfully ground without trusting on moral ‘practical reason’ , in that limited sense, legal logical thinking and moral logical thinking are divorced from each other. In the context of judicial logical thinking, nevertheless, no theory regulations out the judicial application of moral criterions. MacCormick suggests they apply their ain subjective morality in fortunes limited by the formal jurisprudence and Dworkin suggests that the jurisprudence embodies a morality of equal distribution of rights and, hence, Judgess can non but ground morally. It is the Critical Legal Studies Movement that goes farthest in dividing judicial logical thinking from morality. For them, it is non morality, but political relations that fuels judicial logical thinking. There is, nevertheless, the closest of links between political relations and morality. Granted that, if you were an utmost relativist, you would see the politic al relations behind the jurisprudence did non affair, be it Maoism, societal democracy or Fascism. For the Critical Legal Studies Movement, nevertheless, this is non the instance. They clearly find something morally abhorrent about the conservative political relations of judicial concluding – and, hence, moral opinions creep in through the back door. There is a difference between moral and legal logical thinking, Dworkin’s positions, whilst extremely persuasive, do non ‘fit’ with the informations on the land. There is no grounds to propose that Judgess do draw a bead on to be like Hercules, instead, it is submitted they approach their occupations from a assortment of different cultural, political and philosophical positions. Whilst MacCormick’s theory does non supply us with the moral legal protection that we intuitively crave, it is, at least, closest to being descriptively accurate. This point alongside the Hart’s cogent evidence that it is possible to ground legal theory without mention to morality, leads the writer to the decision that while there is really frequentlya nexusbetween legal logical thinking and morality it is traveling excessively far to state that they are indistinguishably the same thing. Bibliography Jurisprudence and Legal Theory, Commentary and Materials, Butterworths, First Edition J.W. Harris, Legal Philosophies, Butterworths, Second Edition David Hume ( 1888 ) , A Treatise of Human Nature, Selby Bigge Edition, Oxford, Clarendon Press. Cicero ( 1990 edition ) On the Commonwealth and On the Laws, JE G Zetzel ( erectile dysfunction ) Cambridge, Cambridge University Press. Mcloughlin V O’Brian (1983 ) 1 AC 410 at 430-31 Simmonds, NE ( 1987 ) ‘Imperial Visions and Mundane Practices’ 46 Cambridge Law Journal 465 488 Marmor, Interpretation and Legal Theory, Oxford, Oxford University Press. Penner, Jurisprudence and Legal Theory, Commentary and Materials, First Edition p 403 Finnis, ‘On Reason and Authority in Law’s Empire’ , Law and Philosophy 357 380 Fish, Working on the Chain Gang: Interpretation in Law and Literature, Texas Law Review 551 567 Dworkin, ( 1977 ) Taking Rights Seriously, London, Duckworth Dworkin, ( 1986 ) Law’s Empire, London, Fontana MacLennan V Maclennan1958 SC 105 Donoghue V Stevenson( 1932 ) AC 562 Daniels and Daniels v R. White and Sons and Tabard1938 4 All ER 258 Ealing V Race Relations Board1972 AC 342 1

Is 268 Jefferson County School System Example

Is 268 Jefferson County School System Example Is 268 Jefferson County School System – Coursework Example Jefferson County School System Case Study Initially, software development involved programmers designing s to facilitate a procedure/program or to solve a problem. This however changed when systems became so big and complex for individual to develop and maintain them. Therefore, a team of specialists like programmers, architects, testers, analysts and users would work together to create and maintain a system. This new trend is what is referred to as System Development Life Cycle (SDLC) and is what was adopted by the Jefferson County School. JCS abandoned their initial software in favor of SDLC to improve service delivery and also to reduce the cost of maintaining the system through cutting down on the number of system administrators/personnel. Though SDLC was thought of as the Magnus opus of the institution, the system turned out to be the opposite. In fact, the only advantages it had over the traditional system was that it was a bit faster and could support and process more informat ion. Aside from that, SDLC proved too complex for the normal users. This is despite the fact that the workers had been given two week training on the system prior to its use. It is worth noting that traditional systems were problem oriented, that is, once a problem is discovered a program is created to solve the problem. However, this is not the case with SDLC. Traditional systems allowed users to be in control of the problem solving process. SDLC on the other hand, are designed to be in control as they reduce the role of users to keying in specific instructions while the main instructions are specified during the development of the system.For instance, JCS personnel complained that the new system controlled everything to the point that it even rejected admitting students in classes with fewer students. Therefore, there were discrepancies in the number of students in each class, unlike in the previous system where everything was uniform. Due to its rigidity, SDLC model poses a serio us threat to a dynamic institution that constantly grows and changes. This is because remodeling, restructuring and recoding SDLC systems is hard and may take a long time, not putting into consideration the amount of money that would be used in the process. JCSS personnel were forced to adapt to this system due to the amount of money that the institution had put into the project.

Australian contract law Research Paper Example | Topics and Well Written Essays - 1500 words

Australian contract law - Research Paper Example Subsequently however, Big Oil Ltd transferred its ownership to an associated company, Best Oil Ltd, in which it has 40% interest and the Portland Council reacted by withdrawing the 50% concession earlier agreed. The issue here is whether or not the Council of Portland is bound by the agreement between Big Oil Ltd and the Victorian Government with respect to the prerogative of Big Oil Ltd to transfer its ownership to another company in which it has at least 40% interest. Under the law, only the parties to a contract have the right to enforce its terms and be conferred a right or be obligated under it.1 This is referred to as the principle of the privity of contracts, which was first established in Australia in the case of Tweedle v Atkinson.2 A strict application of this doctrine in the herein case would mean that Best Oil Ltd cannot enforce the 50% rating concession as against the Council considering that it was not a party to the contract between Big Oil Ltd and the Council of Portland. It is with respect to that contract only a third party. Nonetheless, the doctrine of privity is not a cut-and-dried rule the way recent cases have allowed exceptions to it. In Trident General Insurance Co Ltd v McNiece Bros Pty Ltd, 3 for example, the High Court allowed a third party in an insurance contract to claim against the insurer, but this is because a corresponding provision in the insurance law specifically grants this right.45 However, the privity doctrine is still enforced in the Australian legal jurisdiction and it is not clear under what particular exception Best Oil Co can invoke it. Best Oil’s argument is that it has a right to the 50% rating concession by reason of an implied term because of the stipulation under the contract with the Victorian Government allowing it to transfer its interest to a company in which it has at least 40% interest in. On the other hand, the Portland Council also invoked implied term in terminating

Prepare a consultants report for the Schwab Case Essay

Prepare a consultants report for the Schwab Case - Essay Example This report contains the strategic audit of Charles Schwab and Company. The Instruments used are SWOT analysis and SWOT matrix. Analysis of the company’s position has been undertaken. Different technology models have also been applied in order to undertake the analysis of the technology practices in the company. In the end suggestions and recommendations are presented in order to improve the competitive position of the Company. The strategy of a company requires constant updating. With the changing conditions of market and industry it is important for an organization to keep its strategy in tact with the changing environment. An out dated strategy cannot fulfil the needs of today’s global environment. In order to go through the updating process the organizations should carry on an audit to analyze which aspect requires improvement. It also specifies what strategy is necessary to support the business operations, the information people use currently and the gaps in these functions and the business goals. By assessing the knowledge possessed by an organization about its competitors and market environment the mangers can effectively take decisions in order to find the most feasible way for their businesses to maximize profits and improve market share. It is also important to calculate the extent to which change needs to be introduced to the organization. Although the identification of the problem is a big issue but the finding a solution making sense with business world is the main purpose of change in the organization. â€Å"Back in 1970 Alvin Toffler in Future Shock (Toffler, A. 1970) describes a trend towards accelerating rates of change. He illustrated how social and technological norms had shorter life spans with each generation, and he questioned societys ability to cope with the resulting turmoil and anxiety. In the volatile business environment of the 21st century the most important requirement of today’s

Theories of Entrepreneurship

Theories of Entrepreneurship Jump to: Sociological Theories of Entrepreneurship Economic Theories of Entrepreneurship Cultural Theories of Entrepreneurship Psychological Theories of Entrepreneurship This essay aims at reviewing the development of the enterprise, entrepreneurs and entrepreneurship literature to date. Comments from various authors point to the fact that this area, both as an area of study and an area of research, is relatively new when compared with other fields of business such as economics and business management. There are however a multitude of theories that have been propounded to explain the developments in the area. These theories, their assumptions and pronouncements will be reviewed and critiqued in this essay. The concepts of enterprise, entrepreneurs and entrepreneurship will be discussed in the first section. The subsequent section shall review major or leading theories in the area and the third section shall look at the development of the event management industry, the relevance of entrepreneurship within the area of event management and the role entrepreneurship has played in the development of the industry. A supplement to this essay shall look at the skills an entrepreneur should possess from the perspective of different authors. A brief self assessment of my own skills will be made and indications of how I plan to develop these skills in the future will be highlighted. Enterprise Thefreedictionary.com defines an enterprise as an undertaking especially one of some scope and risk (www.thefreedictionary.com). Other online dictionaries on google.com use words and phrases like a bold, a difficult, a dangerous, an important, a business venture, a company, requiring courage, energy, dedication to describe what an enterprise actually is. Veblen (2005) in his book, the theory of business enterprise gives a more subtle description of what an enterprise really is (in the business sense). He notes that the motive of business (an enterprise) is pecuniary gain, the method is essentially purchase and sale †¦ the aim and usually the outcome is the accumulation of wealth (p. 16). This contention about the motive, the method, the aim and the outcome of an enterprise qualifies the former definition. The insight drawn from these phrases is that literally all establishments on the high streets today and all the ways in which people try to earn a living is one form of enterprise or another. It could range from big businesses such as public companies through partnerships to family businesses and sole proprietorships. The event management industry for example is composed of several event management enterprises. These are mainly partnerships and private limited companies formed and managed with the goal of turning a profit. Exam ples include OWL Event Management LTD and Innovative Event Management. These comprise organizations where individuals come together to provide a service to individuals and other businesses in return for a profit. Entrepreneurs Congruent with the definition of an enterprise, one can contend that an entrepreneur is that person who runs, manages or owns an enterprise. This statement however does not fully describe who an entrepreneur really is. Arthur and Sheffrin (2003) regard an entrepreneur as a person who possesses a new venture, a new enterprise or a new idea, assumes responsibility for the risks involved in running such a venture or enterprise or pursuing his idea and enjoys the benefits and outcomes from such activity. The recurrent theme in Arthur and Sheffrins view of an entrepreneur is new which in the literature refers to innovation. As the subsequent discussions will indicate, Innovation is a central theme that runs through the entrepreneurship literature and practice. There are other views on this issues which will be expounded on shortly. The act of being an entrepreneur is referred to as entrepreneurship. Both terms are therefore closely related and there is no marked distinction in the literat ure between them. The discussion on entrepreneurs will therefore be culminated with entrepreneurship for simplicity and clarity. Entrepreneurship Baron and Shane (2008) contend that there is no single agreed definition of entrepreneurship either as an activity or a field of study. They acknowledged that the definition of entrepreneurship introduced by Shane and Venkataraman (2000) is one with high popularity. Shane and Venkataraman (2000) define entrepreneurship as a field of business aimed at understanding how opportunities for innovation in terms of new products, services, markets, production process, raw materials, ways of organizing existing technologies, arise and are discovered (or in fact created) by individuals (entrepreneurs), who develop and exploit these opportunities through different ways to produce a wide range of effects (Baron and Shane, 2008). Baron and Shane, (2008) support this definition by emphasizing that entrepreneurship involves identifying an opportunity that is potentially valuable in the sense that it can be exploited in practical business terms and yield sustainable profits†¦ and actually exploiting or developing this opportunity (p. 5). They extend this definition by emphasizing the need to be able to run the resulting business successfully after the opportunity is developed. Early entrepreneurs in the event management industry recognized the need for a service- event management. The history of humankind is marked with celebrations-man is a social being. People always come together, mainly temporary, to achieve certain goals under a time limit. This raised the need for effectiveness in these meetings which today is ensured by the event management industry. The growth in entrepreneurship Baron and Shane (2008) present startling statistics revealing that over a million new businesses were started in the US over a 10 year period with over 10 million people being registered as self employed. The growth in entrepreneurship has been attributed to three main factors. Baron and Shane (2008) argue that three factors have spurred growth in entrepreneurship through the 20th and 21st centuries. These include the media, fundamental changes in employment contracts and change in basic values (p.9). These conform to theories of social change discussed above. The media has put entrepreneurship in a positive light with many entrepreneurs such as Bill Gates, taking up role model positions in the world. In terms of the employment contract, the writers argue that workers are increasingly seeking for independence and freedom. Employers also employ strategies to hire and fire with ease in order to cut costs. This has made entrepreneurship a safety hob for most individuals. Theories on entrepreneurs and entrepreneurship Several theories and a continuum of approaches have been developed over the years to describe entrepreneurs and to explain the development of entrepreneurship. Deakins and Freel (2009) surmises major contributions and view points held in the area. Deakins and Feel (2009) contend that an entrepreneur has been considered as an innovator (Schumpeter), an organizer of factors of production and a catalyst for economic change (Say, Casson and Cantillon), a highly creative individual (Shackle). Ucbasaran et al (2001) reviews the development of entrepreneurship literature and contends that various themes or lines of enquiry can be identified in the building of entrepreneurship theory. These include: entrepreneurs personalities, backgrounds and early experiences; entrepreneurs traits; behavioral aspects of entrepreneurs; cognitive processes in decision making; and heuristics (Ucbasaran et al., 2001). Below, I review some of the early contributions in this area under four different umbrellas; sociological theories, economic theories, cultural theories and psychological theories. This classification is pervasive in the literature (Ucbasaran et al., 2001; Deakins and Freel, 2009, Mohanty, 2005). Sociological theories Several theories have been advanced to explain how social factors affect the growth of entrepreneurs. Two established theories have been recurrently discussed in the literature; the theory of religious beliefs and the theory of social change. These theories explain how sociological factors accelerate the growth of entrepreneurs (Mohanty, 2005). Theory of religious beliefs Max Webber was a famous sociologist and political economist of German origin. His writings in the early 20th century have tremendously influenced sociological, religious and political thinking today. His books have been recompiled and republished. In his book the theory of social and economic organizations edited by Parsons (1964) Webber asserts that entrepreneurship is a function of religious beliefs and the impact of religion shapes the entrepreneurial culture (p. 36). He argues that entrepreneurial energies are exogenous i.e. they are come from external factors, and are fuelled by religious aspects (p.37). Webber argues that the rise of capitalism in Northern Europe was due to the protestant theology which inspired many followers to engage in work, open up enterprises, accumulate wealth and make investments. This he calls the spirit of capitalism (Parsons, 1964). One factor spurring the creation of businesses in his theory is the inducement of profit, where people are motivated by the prospects of making a profit from their enterprise (Parsons, 1964). His theory proposed in a nutshell that, the Spirit of Capitalism arising from the protestant ethic therefore combines with the motive of profit resulting in the creation of many businesses. Needless to say, this theory has received heavy criticism over the years from contemporary researchers mostly based on the assumptions on which the theory was built (Karotayev et al., 2006). Karotayev eta l., 2006 for example noted that the promotion of literacy, education and learning by the protestant movement rather than the protestant ethic in itself resulted in the capitalism through the development of enterprises. Another yet related sociological theory of entrepreneurship was advanced by Everett E Hagen in his Theory of social change. He asserts that economic growth resulted from political and social change (Karotayev et al., 2006). His model shows that an entrepreneurs creativity was the main ingredient and driving force behind social transformation (change) and economic growth (Karotayev et al., 2006). Other social theories include theory of entrepreneurial supply advanced by Thomas Cochran and theory of group level pattern propounded by Frank Young (Mohanty, 2005). Economic theories Schumpeters Theory of innovation In his theory Schumpeter describes innovation as the central feature of economic development and an entrepreneur as the driver of change (Sweezy, 1943, Mohanty, 2005). He defines an entrepreneur as someone who perceives the opportunity to innovate by forming new enterprises (Sweezy, 1943, Mohanty, 2005). He views innovation as a form of creative destruction which is process of industrial mutation that incessantly revolutionizes the economic structure from within, incessantly destroying the old one, incessantly creating a new one (Sweezy, 1943, p. 95). The concept of creative destruction has been widely used in practice to refer to a situation where something new and more advanced replaces and destroys its predecessors. For example, Oil replacing Coal. The concept of innovation has been maintained as the core of entrepreneurship today. Innovation has been extended and expanded to include several aspects such as the introduction of new goods, the improvement of the quality of existing goods, the introduction of a new (cheaper, faster, more efficient) method of production, the discovery or opening of a new market, the discovery of a new source of raw material supply and/or the formation of a new organization (Burns, 2007, 2008, Gray, 1995, Lowe and Marriott, 2006). Schumpeterian theory of entrepreneurship furthered that big companies were mainly behind the drive of entrepreneurship as they had the resources and capital to engage in research and development activities (Sweezy, 1943). Schumpeter later complemented this position by contending that small companies were also drivers on entrepreneurship because their size allowed for flexibility and agility (Sweezy, 1943). The relationship between size, innovation and entrepreneurship has not seemingly been further established in the empirical literature. His position became controversial when he argued that both big and small companies are in the best position to innovate. This implies that size does not moderate innovation capacity. Some researchers criticize the stance of Schumpeter based on his assertion that individual business men as well as directors and company managers were all entrepreneurs. This stance undermines the role of risk, taking, creativity, idea generation, and innovativeness as an integral part of entrepreneurship (Baron and Shane, 2008, Shane and Venkataraman, 2000). Again, Schumpeter uses innovation as the foundation of his theory asserting that innovation was the main driver of entrepreneurship. This point is also subject to criticism as it uses innovation as a sole defining quality of an entrepreneur while undermining the role of risk taking, technical skills and organization abilities as key factors for entrepreneurship (Ward, 2005). Proponents of sociological and cultural theories of entrepreneurship will argue that this theory is limited in its view of the subject as it does not explain why entrepreneurship and entrepreneurial ability varies greatly across countries. Other economic theories of entrepreneurship include Knights theory of profit and Hayeks theory of market equilibrium (Mohanty, 2005). In the theory of profits, Knight views an entrepreneur as someone who takes risks and is exposed to uncertainty (Mohanty, 2005). FH Von Hayek in his theory of market equilibrium showed that market equilibrium is characterized by the absence of entrepreneurs. Though relevant these subsequent theories have not taken the pride of place in the literature. Cultural theories The basic tenet and argument put forward by cultural theorists is that entrepreneurship is a product of culture (Mohanty, 2005). Cultural theories of entrepreneurship explain the differences in entrepreneurial ability and spirit across different cultures. The major attraction of these theories is that they explain why some countries are underdeveloped while others develop and grow so rapidly. Other theorists mentioned above such as Schumpeter and Hagen have no explanation of this occurrence. Hoselitz theory of entrepreneurship supply Mohanty (2005) noted that Hoselitz theory posits that the supply of entrepreneurship is governed by cultural factors and culturally minority groups are the spark plugs of entrepreneurial and economic development (p. 49). This attempts to explain why certain socio-cultural groups have spurred development and small business growth in many countries; Mohanty (2005) quotes the examples of the Jews and the Greeks in Medieval Europe, the Indians in East Africa and the Chinese in South Africa. These culturally minority groups have been at the forefront of enterprise development, entrepreneurship and economic growth in these areas. Hoselitz was one of the earliest theories to contend that managerial skills as well as leadership abilities in addition to the drive to amass wealth were key to entrepreneurship (Mohanty, 2005). His theory is also in line with Max Webbers concepts of the protestant ethic and how it drives capitalism. This is through the realization that particular socio-cultural groups or classes foster economic growth through entrepreneurship. Hoselitz realizes the role of change as a stimulus for innovation in his Hypothesis of the marginal men (Mohanty, 2005). He posits that marginal men are best suited to make creative adjustments in times of economic change and through these adjustments are able to introduce better ways through genuine innovations in social behavior (Mohanty, 2005). The theory seemingly presents a holistic view of entrepreneurship by considering the influence of factors such as change, innovation, culture, social class, managerial as well as leadership skills, personal traits etc. Other cultural theories of entrepreneurship include Stokes theory of entrepreneurship (Mohanty, 2005). Psychological theories Psychological theories look at how the psychology of the society influences the supply of entrepreneurs (Mohanty, 2005). Although this strand of theories is not popular in the literature, it has received significant contributions from Schumpeter, Krunkel and Carland (Mohanty, 2005). Other theories One of the most esteemed management scholars of the last century was Peter Drucker. Incidentally, Drucker has contributed colossally to the development of the entrepreneurship theory and literature. He has written several papers over the years which have led to the advancement of knowledge in this area. Peter Drucker defined an entrepreneur as one who always searches for change, responds to it and exploits it as an opportunity (Deakins and Freel, 2009). His focus is on the attitude of an entrepreneur and how he views the world around him. Drucker notes that two factors lead to entrepreneurship; resource and innovation. He argues that innovation creates resource†¦ and resource is anything with an economic value (Mohanty, 2005; Deakins and Freel, 2009). The main contribution of Drucker is his view that an entrepreneur must not be the owner or creator but he who manages or executes is also an entrepreneur. His works point out aspects that can be considered as entrepreneurship which include; increasing customer satisfaction from a resource, increasing the perceived value of a resource, creating new value from an old product, converting a material into a resource, combining existing resources into a new and more productive configuration (Deakins and Freel, 2009). Drucker extends the view of entrepreneurship to non profit organization while emphasizing that the practice has a knowledge base, with concepts and theories and is not based on intuitions (Mohanty, 2005). Controversially, Drucker argues that entrepreneurship behavior rather than personality traits spurs and enhances entrepreneurship (Mohanty, 2005). Several writers in the area have argued against this point presenting empirical evidence to show that there is a high correlation between certain types of personality traits and entrepreneurship behavior (Ward, 2005). Druckers contributions still remain significant. Entrepreneurship as a process Baron and Shane, (2008) have extensively reviewed the literature on entrepreneurship building on early theories and propositions and have arrived at what they term the entrepreneurship process. This process involves a series of steps that a successful entrepreneur will take. Their model includes steps such as; Recognition of an opportunity, Deciding to proceed and assembling the essential resources, Launching a new venture, Building success and managing growth, Harvesting the rewards (Baron and Shane, 2008). The writers advocate a more holistic view of entrepreneurship from idea recognition through development. In their view, opportunities for innovation are external and they arise from three sources; Technological changes, political and regulatory change, social and demographic change (Baron and Shane, 2008). In conformance with the view of other writers such as Drucker, the researchers recognize various forms of innovation including; a new product or service, a new way of organizin g, a new market for existing products, a new method of production and a new raw material. This view is widely accepted and can be classed as contemporary as it is widely promoted in current entrepreneurship literature. Enterprise, Entrepreneurs and Entrepreneurship in the Events management industry (1000 words) Events management generally refers to managing event projects i.e. applying project management techniques to the management of events. Ramsbord et al., (2008) noted that event management involves several project management aspects such as brand analysis and consideration, analysis of event audience, creation of an event concept, planning and coordinating the event delivery. The authors also noted that other aspects such as event appraisal and event profitability are growing in significance as part of the event management concept. An event means several things to different people and variations will develop in terms of size of the event, the event audience, the significance of the event, the frequency of the event, the location of the event and the potential revenues to be generated from the event etc. In the context of event management however the word event takes a multitude of meanings. It includes corporate events such press conferences, other business conferences, corporate meetings (such Annual General Meetings), corporate anniversaries and product launches amongst others. It also includes corporate marketing programs such as opening of business sites and road shows. Events in this sense may also refer to corporate hospitality events such as award ceremonies, fashion shows, movie premieres, music concerts, music launches. It can refer to national events such as National days and sporting meets (Olympics, world cup, champions league games and English premier league games). Bowdin et al., 2006 reviewing se veral concepts of events resolved that an event is an organized occasion such as a meeting, convention, exhibition, special event, gala, dinner etc. which is composed of several yet different functions. They assert that it is temporary in nature, it is unique and it stems from management, program, setting and people (p. 14). Aspects involved in event management as noted by Bowdin et al., 2006 include venue surveys, site design, budget drafting, supply chain and logistics management, cash flow management, project scheduling, materials procurement, health and safety, technical aspects (sound, light, video), security and crowd management. As noted above, post-event appraisal and event profitability are increasing growing as a significant part of the event management discipline. This also constitute major concerns for entrepreneurs. The view of classical theorists such Webber and Schumpeter shows that profitability is that main push behind entrepreneurship. The business of event management is relatively new when compared to other businesses such as retail and transport. Recognition for the need for an event management service it self indicates entrepreneurship. Before too long along, event organizers had to manage the event without the need for any professional and experienced organizer. Today many organizations can outsource event management to professional organizations which have the skills, experience and resources to run such events. This has tremendously improved the success of events. Within the events industry several innovations have been made over time. Sign-Up Technologies, a small US firm has recently released its eticketing system which allows event promoters to sell tickets and collect customer information online. This eliminates the need for third party retailers who charge high commissions. It also expands the markets by allowing customers to easily access markets. The introduction of sophisticated video and sound technologies and new practices in stage design allows event managers to expand the capacity of events while ensuring that the customer experience and the quality of the event is not hampered. This helps to improve profitability. The use of new sophisticated surveillance and monitoring equipment has improved the cost incurred by event management companies. An Irish Event Management Company, EventSec LtD uses a mobile monitoring system that allows it to reduce manning at events (cutting costs) but improve security through effective and efficient monitoring. EventSec LTD has also found a new market for its product and has now worn a contract to engage in traffic management OWL Event management LTD current has gained fame in the events management industry through its use of contemporary technology in lighting, sound and video to improve the event experience of its customers. The firm also liaises actively with other firms to provide bespoke catering, security, cleaning and more services. This business model innovates by combining different resources in a configuration that serves a need. This comprehensive event management model improves the customer experience. OWL Event Management LTD also realized that exhibition stands where sometimes an important factor drawing potential customers towards exhibitionist. The design of exhibition stands has for a long time been taken for granted by firms. Most firms use stands that provide sitting space, a table and a shade. OWL Event Management has introduced its new range of stands which it provides to its customers. These stands are attention grabbing through their bespoke designs, their contemporary curves and th eir eye catching lighting. The firm argues that these stands keep visitors glued to exhibitionists thus facilitating the message delivery. The demand for these set up has helped the firm improve its profit position. SECTION B A reflection on my current entrepreneurial skills and  traits, and a discussion on how I plan to develop these in the future Entrepreneurial skills The literature and research in the area highlights several skills, traits, personalities and characteristics which should be possessed by successful entrepreneurs. One of the most holistic view of these has been provided by Ward (2005) in An integrated model for entrepreneurship and entrepreneurship. Ward (2005) asserts that entrepreneurs require a personality, technical skills and behavioral skills in order to be successful. The desired or winning personality traits according to his model include; Risk tolerance, Self confidence, Achievement oriented, Proactive, Innovative, vision, flexibility, high energy, uncertainty tolerance, Desire for autonomy, assertiveness, resilience, tenacity, self awareness, creativity, capacity to inspire and emotional stability. These personality traits help in the generation of winning ideas. These must be matched by technical skills and behavioral skills which will enable the entrepreneur to transfer these ideas to viable businesses through the establishment and management of the enterprise. As indicated by the model, the technical skills involved include; marketing, finance, business planning, strategic planning, human resource management, production management, legal issues, logistics management and quality management (Ward, 2005). The behaviora l skills involves include; communications, judgment, negotiation, creativity, decision making, delegation, customer-supplier relationship, motivation, problem solving and team working (Ward, 2005). The model indicates that all three types of skills are necessary for effective entrepreneurship. The model also shows that several external factors combine with these skills to determine the outcome of an entrepreneur. These external factors include, opportunities in the market place which may arise from uncertainty or changes (Ward, 2005). The model shows that the availability of resources in the external environment coupled with the entrepreneurs control over such resources moderates the outcome. Such resources include the other factors of production such as material, land, building (Ward, 2005). Self assessment; A reflection As an individual, I strongly believe that I am creative and innovative. I have always questioned the way things are done and thought of better ways of doing certain things. I adopt a proactive approach by thinking ahead. I am open-minded, flexible and always happy to embrace change. I am not dismayed by uncertainty but find uncertainty but find change and uncertainty as an opportunity to break the status-quo and enjoy new experiences. I will confidently say I fit Wards (2005) personality profile of an entrepreneur. With respect to technical skills, I have expounded my knowledge in several areas of business through my course learning and additional external reading. Despite my broad knowledge in the field of business, I am still unconfident about taking my ideas to the next level because I feel I lack the experience to by successful. I call this inertia. Most of my ideas only remain in my head. I am sometimes impressed with myself when my friends comment on how good my business ideas are. I however lack technical knowledge in legal issues and my knowledge on human resource management and logistics management needs to be improved. As concerns behavioral skills, I think I am a good communicator. This has helped my in my studies in building relationships with friends and creating alliances at work. I am good with team working and have been successfully involved in minor business negotiations. At certain times, I let my emotions get in the way of my negotiations and do end up regretting some of the decisions I make. I am working on being firm in my decision making and negotiations. I lack sufficient experience on certain areas such as delegation, motivation and problem solving. Plans for future development I plan to hone my entrepreneurial abilities by actually engaging in small scale ventures. I am currently setting up a small venture with a friend. The initial stages have involved drawing a business plan and meeting up with potential suppliers and customers. We have carried out market surveys and have taken a look at factors such as logistics, marketing, distribution and financial reporting. This experience has opened up my horizons and given me an insight of what entrepreneurship is all about. I also get very constructive feedback from my business partners. This helps me to amend and improve certain issues. Concurrent with the assertion of Ward (2005), external factors seem to play a huge role to the success of entrepreneurs. Some of the ideas, we have conceived cannot be implemented due to the lack of resources. Certainly, this current venture will not be my last or my best but it will allow me to develop my skills in the area. Aside from this, I also read books and listen to speeches from motivational writers and famous entrepreneurs. This inspires me to pursue my dreams as an entrepreneur.

Discuss the portrayal of Indian society in this poem

Deception, written by Rabindranath Tagore is told through the eyes of a narrator, who is the husband of Binu. He tells a story of Binu and her husband and their life together in Indian society. In the poem the portrayal of Indian life, is illustrated through various aspects, such as arranged marriages; the class distinctions, Laksmi the goddess, the poverty and dowries. The class distinctions in Hindu society are called the Caste system. This is portrayed in the poem at several occasions. When Binu introduces Rukmini to her husband and explains that Rukmini needs money. ‘She looked me in the eyes, Bowed, withdrew to the platform where she stood clutching a pillar' This shows that obviously Rukmini was in a lower class than Binu's husband because of the way she reacted, she bowed to and then withdrew from his presence and stood at a distance. I think that Rukmini might have been in the ‘untouchable' caste because she did not consider herself worthy enough to even stand in the presence of Binu's husband. She had to go and stand at a distance while Binu explained Rukmini's need for money. The way that she bowed in front of him also portrays that she was lower class than him because she was showing him a sign of respect. In The Caste system the Jats determine which range of jobs you do. Marriage usually took place between people of the same Jat and people normally died in the same group. There are certain rules that say that people in different Jats cannot eat, drink or even smoke in each others company. The word clutching shows the fact that Rukmini was desperate and that she really need help, this also supports that she was in the untouchables caste. There are four groups which are called the Varna. There is also a fifth which are called the ‘untouchables'. The untouchables did not belong to any caste. They were called the Dalit. They were untouched by the four other castes. In some areas even their shadow touching a member of the Varnas was considered polluting. They worked in what was considered polluting jobs and were never accepted by society. The Highest status was called the Brahmins and this consisted of priests and intellectuals. I think that Binu's husband and Binu herself were part of this caste because it says in the poem ‘And began to read an English novel that I had bought' This shows that Binu's husband was very well educated because he spoke English and only the rich and high powered could afford to learn to speak English. This therefore supports the fact that Binu and her husband are from the Brahmin's caste. In the quotation ‘Whoever heard of such a thing? The woman was probably a sweeper or something equally disgusting' The harsh sounding of the word disgusting shows the contempt and hatred that the upper caste show towards the untouchables. It shows the fact that Rukmini was part of the ‘untouchables' caste because Binu's husband was saying that Rukmini had some equally disgusting job such as a sweeper. This therefore would have been considered a polluting job so she would not have been fit to been seen associating with. There is another quotation that supports the fact that there were huge distinctions in class. ‘†Where is Rukmini?† They reacted blankly†Ã¢â‚¬Ëœ This shows that Rukmini was very unimportant because even the people in the lower castes of the Varna did not have any sort of idea who Rukmini was, when Binu's husband asked after her at the station. The word blankly shows that even though Rukmini had worked and lived at the train station for years, she was still so irrelevant that no one had even noticed that she was there and that she had gone. The only recognised who she was when Binu's husband said ‘†The wife of Jhamru the coolie†Ã¢â‚¬Ëœ Rukmini was obviously so insignificant that they did not even know her by name and she used to work at the station. The only reason that they recognised her was because Binu's husband remembered the name of her husband. Then they only barely remembered who she was because they recognised the name of Rukmini's husband. ‘She lives in the row of huts by the well over there;' This also links the fact that Rukmini is in the ‘untouchables' caste because she lives in poverty. She did not live in a very respectably, she lived in a shack, by the side of the train station; she had no land and no money, not even able to find 25 rupees for her daughters dowry. She did not belong to one of the four Varna, so she was nobody of importance to bother about. The next subject that I am going to discuss is arranged marriages. I think that perhaps Binu and her husband had, had an arranged marriage because it says in the poem that ‘Left her parents-in-laws house for the first time since marriage' ‘Our meetings furtive' This shows that the couple had not met of their own accord, but that their parents have arranged for them to meet. They have only met secretly and on very brief occasions. This shows that there was an arranged marriage because you do not marry someone that you have only met a few times in your life. Parents when looking for a suitable husband for their daughter in arranged marriages have to look for certain things such as the social castes that they are in and financial status. It is the girl's parents that traditionally pay for the wedding as a gift to the newly wed couple. They shower the girl with presents that she is to give to the groom's family when she moves in. It is traditional that the bride goes to live in the groom's family. When the couple marry everything that once was the wife's now officially belongs to the husband. The quotation above says that Binu after living with her parents-in-law left there house for the first time. This supports the fact that Binu and her husband have had an arranged marriage. Another quotation that supports the fact that the couple had, had an arranged marriage is ‘The airless sequestration of the joint family' This portrays that the family have lived in very close contact with Binu and her husband. I think that maybe the family have been interfering with the couple. The word sequestration suggests the fact that the family have been interfering with the couple, because sequestration means enclosure, which suggests that Binu and her husband were enclosed with the family they did everything together. ‘Like the everlasting vermilion in the parting of laksmi's hair' Laksmi is the goddess of wealth and beauty. Laksmi is the household goddess and she is a favourite among women. She is depicted as a beautiful woman who has four hands. She is either sitting or standing on a full bloomed lotus, which stands for beauty purity and fertility. Her four hands represent the four ends of human life Dharma- righteousness Kama- desires Artha- wealth Moksha- liberation. In the Krishna avtara Laksmi comes to earth as Rukmini. This is particularly interesting since the Lady that Binu's husband was meant to give twenty five rupees to was also called Rukmini. I think that maybe the goddess Laksmi was testing Binu's husband to see whether he had any compassion for the people who were in lower castes than him. If this is so then the husband failed the test because he treated Rukmini with contempt and only out of pity did he give her two rupees? He then however, told Binu that he had given Rukmini the whole twenty five rupees. Rukmini based the whole of her last two months of life on the fact that her husband loved her so much that he would give twenty five rupees to a complete stranger who Binu had met and befriended at the train station. However, just before Binu died she told her husband this. Her husband was filled with guilt and repentance. He went back to try and find Rukmini and pays her the twenty five rupees that he owed her, so that it would ease his conscience. Rukmini had moved on and this was the husband's punishment. He had to deal with the fact that he had lied to his wife and now had to live with the guilt and desperation. This I think is the meaning of Laksmi being mentioned in this poem. The dowry is quite significant in the poem since it is the reason that Binu asks her husband to pay the twenty five rupees to Rukmini, and the whole reason that the husband feels so guilty at the end. A dowry is a gift that the bride's family give to the groom's family upon marriage. In some of the richer castes dowries are an exchange of wealth between too families which are intermarrying. In many countries the dowry is a large part of property which is either exchanged or given to the family. The dowry insures that the wife will not be badly treated by the husband because it acts as a forfeit from the wife's family to the groom's. ‘Bracelets, bangles, armlets for the dowry' This is what Rukmini asks the money for so that she can buy a suitable dowry for her daughter so that she will not be rejected by the husband. The dowry that Rukmini wants to give is not particularly extensive, so this also supports the idea that Rukmini is not particularly rich since in wealthy families large amounts of land and property are given as dowry presents. If the brides family do not give a dowry then it is seen as disrespect and the whole wedding can be called off, since the groom's family do want to marry into a family that either disrespect the rules of the dowry system or they are not wealthy enough to supply a sufficient dowry for there daughters wedding. This is therefore what Rukmini is saying in the poem, she is pleading to Binu because I think that perhaps she feels that she will get a better reaction out of a woman who has never really seen the world and has lived rather a sheltered life, than a man who is in one of the highest groups of the Varna. She is saying that if she cannot afford the dowry and if she does not give one then her daughter will be rejected from the marriage, which will be embarrassing for the family. Therefore, I conclude that the poet has used the portrayal of Indian Society to try and make people who are reading the poem understand the way that Indian Society actually works. The poet portrays the caste system in this prejudiced way because maybe he feels that the system is principally unjust. The Caste system has many floors, but it has brought some sort of order to Indian Society meaning that people are recognised and distinguished. The poet uses the portrayal of Indian Society very well to get the effect of the drama and desperation in the poem. The poor lady Rukmini needs money so that her daughter can get married she is desperate for help and pity from the rich. However the uncompassionate husband feels that Rukmini is unworthy of even touching his shadow.

Bridgeton Management Essay

The ACF plant had cutbacks throughout the 80s as a result of stiff competition caused by foreign competitors entering a market that was dominated by the US auto parts suppliers. As a result of declining market share, ACF is not only in competition with other suppliers but also other Bridgeton plants. The gross profit is declining due to increased costs in direct labor and direct material since 1987. Direct materials cost increased due to the high cost of steel in producing the manifolds. Direct labor cost increased due to the plant using people that were in the retained job pool by the union. More overhead cost was being allocated to remaining products when muffler/exhaust and oil pans were outsourced; as a result manifolds have absorbed a higher cost and are on the brink of being outsourced. Direct labor being cost driver for Overhead allocation, the manifolds product bears a huge portion of the cost of overhead. With the trend in the industry changing and that the manifolds product is as such not yet incurring a loss, I would not recommend it being outsourced for the following reasons: 1. As two important lines – muffler/exhaust and oil pans being outsourced, the Overhead rate significantly increased from 435% to 566%. Despite of significant improvements in the production of manifolds and reduction in overall overhead costs, the fixed costs associated with other lines was burdened on to the manifolds product line. If outsourced, possibly the manifolds burden (like the muffler and oil pans) would shift to another product, which would in turn result in the plant shutting down. 2. As the auto industry is driven more by machines and labor and as plants being more machine intensive than labor intensive, having direct labor, as the cost driver for overhead allocation could be incorrect. The plant should have overhead allocation based on machine hours instead, which would give a better allocation base. 3. If emission standards increased, which would be in favor for the plant, they could increase the selling prices of their manifolds. In the auto industry is could be very likely of the industry demanding a higher emission standard that could only be profitable to Bridgeton.