Tuesday, January 21, 2020
Bitter Imagery in Hamlet Essay -- GCSE English Literature Coursework
Bitter Imagery in Hamlet In Hamlet, imagery of disease, poison and decay, are used by Shakespeare for a purpose. The descriptions of disease, poison, and decay help us understand the bitter relationships that exist in the play and Hamletââ¬â¢s own cynicism. We see Hamletââ¬â¢s pessimism in his soliloquy when he contemplates suicide. The resentful relationship that exists between Claudius and Hamlet is heightened with the use of imagery when Claudius asks about Polonius. Imagery enhances Claudiusââ¬â¢ abhorrence of Hamlet. Shakespeare uses imagery in this play to deepen our understanding of the emotions experienced. The imagery of decay is used to help comprehend the depression Hamlet feels in his first soliloquy about suicide. "O that this too sullied flesh would melt, Thaw, and resolve itself into a dew," (I;ii, 129-130) Hamlet is basically communicating that he wishes not to exist in this world anymore. He wants to die and be apart of the ground. An image of Hamletââ¬â¢s flesh, rotting, combining with the soil is produced. At this moment we can grasp Hamletââ¬â¢s true emotions. We feel his pain and his yearn for death. Hamlet continues to say "How weary, stale, flat, and unprofitable/ Seem to me all the uses of this world! Fie onââ¬â¢t, ah, fie, ââ¬Ëtis an unweeded garden/ That grows to seed. Things rank and gross in nature /Possess it merely."(I;ii, 133-137) Here, Hamlet says his reason for wanting to commit suicide is that he hates the world he lives in. He feels that the world around him is useless and in disarray. We can understand the true motivation for his suicide. Shak espeare lets us peer into Hamletââ¬â¢s soul by creating these vivid images. Claudiusââ¬â¢ relationship with Hamlet is drea... ...hance Hamlet's pessimism of life. Imagery is also used significantly in portraying the sour emotions that exist between Hamlet and Claudius. When Claudius questions Hamlet of the whereabouts of Polonius we see the foul relationship with the help of imagery. As Claudius acknowledges Hamlet's behaviour and insanity, he reveals the anger he feels towards Hamlet. In Hamlet's soliloquy, with reference to suicide, imagery shows us his dark feelings. In Hamlet we truly see what a great deal of depth imagery provides us with. Imagery of disease, poison and decay gives us a chance at really understanding the true emotions that the characters experience in their mind and soul. With the imagery created by Shakespeare, we as readers, can actually comprehend the feelings that are experienced by the characters in Hamlet, that are not always obvious but important.
Monday, January 13, 2020
Jorge Luis Borges: the Blind Man
Tyreak Kellem Hispanic Literature- Spring Semester, 2013 Narrative Exam Horacio Xaubet Narrative Exam I I. Jorge Luis Borges: (a. ) ââ¬Å"â⬠¦ in every story the protagonists are thousands, visible and invisible, living and dead. â⬠The protagonist is the leading character of a story, novel or any literary work. A protagonist is also defined in the modern sense as a supporter or advocate of a social or political cause. The Protagonist is the primary figure of any narrative and the events of the plot are closely associated with the protagonist.Being the central character, the protagonist typically enjoys the most empathy from the audience. Often the protagonist may be the hero who enjoys being the focal point of the narrative and engages the emotions of the audience. It is also possible for the protagonist to be the villain or antihero of the story. In most cases, a story may contain subplots, each having its own protagonist distinct from the main protagonist. In addition to this, each story may neglect to highlight every protagonist. (b. ââ¬Å"Now I possess the secret, I could enunciate it a hundred different and even contradictory ways. I'm not sure how to tell you the secret, now is precious and science, our science, it seems a mere frivolity. He added after a pause: The secret, otherwise it is not worth what they're worth the paths that led me to it. â⬠From this quote, I learned that through his travels he acquired a mental understanding that through the English language we neglect to understand that it has a broader meaning than what we are being taught.Also, he stated that now that he has possession of the ââ¬Å"secretâ⬠he could pronounce this secret in a hundred different ways and could even be opposing. Therefore, now that the secret is precious, our science is still mere foolishness. The English language is still ââ¬Å"ignorantâ⬠to even comprehend the value behind the ââ¬Å"secret. â⬠(c. ) The first-person, ââ¬Å"Ià ¢â¬ is telling about his relationship to ââ¬Å"The other one, the one called Borges. â⬠The focus is on the consciousness of the ââ¬Å"Iâ⬠who is exploring his feelings, perceptions about the relationship.The story is a meditation on the vertiginous complexities of self-consciousness. The story explores the sense of self as dual, the split between a private ââ¬Å"Iâ⬠; the self-known by itself and a public persona, the self-known by others. It expresses a multitude of feelings of the private ââ¬Å"Iâ⬠toward the public self-feelings of difference, strangeness and otherness; feelings of dependence, resentment and criticism; feelings of ambivalence. And finally feelings of confusion about the relationship: Is the private ââ¬Å"Iâ⬠no less a persona than the public self? ââ¬Å"I do not know which of us has written this page. It is also a reflection on the relationship between a writer and his private self, how the writer turns his private self into art. How he transforms even his most intimate feelings about being used into a work of art. II. Pardo Bazan: (a. ) ââ¬Å"And with the closed fist struck head first, then the face, pushing the fearful little hands, so not yet altered work with who hid Ildara, trembling. â⬠From the very beginning we witnessed a sad spectacle. The image of a girl forced by the circumstances of poverty and the need to help her father appears at first sight.The narration is alternated with the description and dialogue in a way that is orderly and accurate fulfilling the role of the author to ready. For my dialogue explains, makes us speak the characters whom we know better, gives them life and Pardo Bazan puts us as silent witnesses of what happens in-house Ildara through description, torn, natural and real. However, the author belongs to the realist movement that fixed his attention on social problems as a reaction to romanticism whose escape makes escape reality.It does not prevent its reality prese nts it so stark as well as we can see the description of the face of Ildara destroyed us cover eyes to not see as it has been the face: ââ¬Ëbeaten nose', crushed the eye, destroyed mouth, tooth that is on hand with his face bleeding. In which I see traits of naturalism: the stark representation of the facts. In the story, the reader may find different approaches to define the theme for what I consider that the same must infer it. (b. ) While this short story does not involve death, it nevertheless involves a substantial tragedy.The tragedy in ââ¬Å"Las medias rojasâ⬠occurs when Ildaraââ¬â¢s beauty and essentially hope is destroyed by a violent father who disfigures her by violently beating her over a pair of red stockings she bought. When the story is examined it seems that the red stockings represent the hope and happiness that Ildara feels over the thought that she will soon be leaving her poor and destitute life for a better life. Unlike Ildara, Ildaraââ¬â¢s fathe r does not want to leave and therefore disfigures Ildara so that she also cannot leave.The tragic disfiguration of Ildara is very important in that, Ildaraââ¬â¢s beauty was what promised her that spot on the ship that would take her to a better life, but without that beauty Ildara no longer has a chance to leave as the ship only accepts the beautiful. On a figurative level, by destroying Ildaraââ¬â¢s beauty, Ildaraââ¬â¢s father destroys her hope of ever living a better life. By presenting such a brutal way of how one can be rendered hopeless, I believe that Bazan is sending a message about not only the brutality of life, but also the hopelessness that fills the lives of many.Hopelessness in my opinion is the greatest tragedy of all because without hope what is there to live for? Furthermore, this idea of hopelessness is really something that is at the heart of all these tragedies that we see in Spanish literature. In constantly putting tragedy after tragedy in their works, Hispanic authors are not trying to render life as something that is inherently dismal rather they are trying to show that hope is what keeps us alive and that when we allow the tragedies of our lives to consume us we subject ourselves to losing the most important thing that keeps us going each and every day, and that is hope.III. Juan Rulfo: (a. ) In this story we witness a common theme in Mexican literature, as well as in that of Latin America as a whole: the problematic nature of the father-son relationship. Ignacioââ¬â¢s relationship with his father is interesting in and of itself for the way in which the father, despite being clearly at odds with his son, nevertheless undertakes the incredible task of carrying him to Tonaya. It can be also be read, however, as an allegory of the problematic relationship of the post-revolutionary period with the idealistic Revolution that preceded it.Although the allegory is far from obvious, we can see the outlines of this problem in the rela tionship of Ignacio and his father. The father clearly had great hopes for his family but these quickly faded with the loss of his wife and the fragmentation of his family. The next generation, his son Ignacio, due in part to the impossibility of this ideal ââ¬Å"familyâ⬠and his own shortcomings, has become corrupted, much like many during the post-revolutionary period. One could rgue ââ¬Å"No dogs barkâ⬠has some of the theatrical qualities of tragedy in the fatalistic manner in which the characters are driven towards their inevitable destruction. This quality is supported by the way the story largely consists of dialog between the father and son. It is also notable that ââ¬Å"No dogs barkâ⬠also exhibits a tendency towards romanticism. The night, the moon and the individual heroism of the father in carrying his son contribute to this romantic impulse, and these elements serve in turn to heighten the force of the storyââ¬â¢s tragic ending.
Saturday, January 4, 2020
Law of Partnership - Free Essay Example
Sample details Pages: 14 Words: 4106 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The Law Commission in its Consultation Paper No. 159 on reform of the Law of Partnership recommended, inter alia, that a new form of partnership be created that would constitute a legal entity distinct from its members. Critically consider the advantages and disadvantages this form of business organisation would have over the present form of partnership regulated under the Partnership Act 1890. According legal personality to partnerships would produce an overall positive effect. Donââ¬â¢t waste time! Our writers will create an original "Law of Partnership" essay for you Create order It is not, however, entirely without disadvantages. Legal personality cannot be properly analysed without an understanding of its historical and social consequences. It would simplify the ownership of property, the continuation of contractual obligations and liabilities and would protect partners from litigation as private individuals. It would, however, make winding up firms more difficult. Legal personality has a natural link with limited liability. The concept of legal personality cannot be analysed outside of its historical and social context. The Partnership Act 1890 is out of date. While there is an academic consensus that it has served its purpose well, it is not up to the challenges of modern business. Roger Toulson, Chairman of the Law Commission expresses the point well, ââ¬ËLaw is also much more than an instrument by which government can aim to deliver its policies. Our laws provide an essential part of the fabric of society and need to be capable of adaptat ion as society changesâ⬠¦The Partnership Act 1890 was generally considered to be good legislation. But it was passed at a time when the typical partnership was of the kind described in the novels of Charles Dickens. Now we have partnerships ranging in size from the two-person firm to firms with hundreds of partners and thousands of employees. Yet under English law (in contrast with Scots law) a partnership cannot own property or enter into a contract in its own name. Any change in the membership of the firm involves the dissolution of the ââ¬Ëoldââ¬â¢ firm and the creation of a ââ¬Ënewââ¬â¢ firm.ââ¬â¢[1] The lack of legal personality is the cause of two of the problems outlined by Toulson. A partnership cannot own property or enter into a contract in its own name. A third problem, dissolution on change of membership is conceptually consistent with the ââ¬Ëaggregateââ¬â¢ as opposed to ââ¬Ëlegal entityââ¬â¢ concept of partnership. This shows how the conceptual underpinnings of business law have a direct effect on its substance and by consequence on the structure of society. It is vital for the economy of the United Kingdom that there is sound regulation of business. This is spelt out in the Law Commissionââ¬â¢s 2000 Report on partnership law. ââ¬ËThe impact of partnerships on the economy is significant. There are in fact almost as many partnerships in the United Kingdom as there are trading companies. The business carried on by these partnerships is also significant. Their combined turnover is more than that of sole traders, who outnumber partnerships by more than three to one. Nor are they restricted to micro-businesses: 852,000 of the 2.77 million persons employed by partnerships are in firms with at least ten employees.ââ¬â¢[2] The introduction of legal personality for partnerships is not, therefore, a question of mere black-letter law. Rather, it is an issue that impinges on the day to days lives of millions of people. Conversely, the argument can be put forward that the current system has been proved to work effectively and it would be advantageous to leave the current system in place. This is a ââ¬Ëweight of inertiaââ¬â¢ argument. It is submitted, however, that the well-settled principles of the Partnership Act 1890 could be easily adapted to accommodate legal personality without undermining the merits of the law. It is important to maintain a workable business model separate from company law. The Law Commission writes, ââ¬ËThe existence of the [company] structure requires rules for the protection of shareholders and the existence of limited liability requires rules designed to protect creditors and other third parties. The result is that company law is complex and incorporation as a company involves incurring many obligations which a small firm may see as excessively bureaucratic and burdensome.[3]ââ¬â¢ The partnership is a f lexible, non-bureaucratic model, based upon contract and automatically occurring through statutory authority. The introduction of legal personality is only advantageous if it adds to these qualities. It is central to the concept of a partnership that parties can ââ¬Ëcontract outââ¬â¢ of element of the statutory code. This does not, however, make the statutory code unimportant. The Law Commission writes, ââ¬ËA workable default code is important: 52% of the partnerships surveyed by the Forum of Private Business in November 1991 did not have a written partnership agreement. 57% of those surveyed on behalf of the Association of Chartered Certified Accountants in 1995 did not have a formal agreement.15 This means that for a large number of partnerships, usually small businesses, the statutory rules are the sole basis upon which their affairs are regulated.ââ¬â¢[4] It is clear that the statutory code is of very great importance indeed. If the ââ¬Ëdefaultââ¬â¢ co de had legal personality as an element, it would be relevant to a great many businesses. It should also be noted that a great many small firms do not have ready access to legal advice. They have not created their partnership according to choice, rather they have relied on the statutory provisions. It is for this reason that the default code should be as simple as possible. There is also an argument that the code should also conform to public expectations as closely as possible. The accordance of legal personality signifies a major shift in the conceptualization of the English firm. There are two ways of formulating a partnership, it can either be, ââ¬Ëcharacterized on a conceptual levelâ⬠¦ as an ââ¬Å"aggregateâ⬠that is, a relationship among the partners or as an ââ¬Å"entityâ⬠that is, a personality existing separately from its partners.ââ¬â¢[5] The accordance of legal personality would mean shift away from the ââ¬Ëaggregateââ¬â¢ and towards th e ââ¬Ëentityââ¬â¢ concept. It is worth noting that Scottish law already employs the ââ¬Ëentityââ¬â¢ concept. The 1890 Act was a codification of the English common law alone. The law commission considers that such a shift would have a positive effect for continuity of business. It is the smooth continuation of business that perhaps best represents the economic advantages changing the current system. Having set the proposed reform in historical and social context, it is necessary to consider the substantive changes that have been proposed ââ¬â and whether they would be advantageous. The Law commission has identified three major problems that arise as a result of the lack of legal personality in the current law. These will be analyzed in turn. ââ¬Ë1) Difficulties arise for partners holding property, particularly land. Title often needs to be transferred from the old group of partners to the new or from an outgoing partner to remaining partners.ââ¬â¢[6] Legal personality would prevent this from being an issue. Title could be transferred not to the partners, but to the partnership as a whole. This has positive implications for continuity and would minimize bureaucracy. It would be necessary to undertake substantive law reform, s 20 of the 1890 Act provides, ââ¬Ë(1) All property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, are called in this Act partnership property, and must be held and applied by the partners exclusively for the purposes of the partnership and in accordance with the partnership agreement.ââ¬â¢ This concept of ââ¬Ëpartnership propertyââ¬â¢ would obviously have to change. The Law Commission suggest that the concept should be scrapped entirely for partnerships with legal personality. A partnership with legal personality could hold property in its own right. Where partnership money has been used to buy property, that property would be belong to the partnership. If property is bought by a private individual for the benefit of the partnership, then it will be held on trust.[7] It is submitted that this will inevitably create complications. On the one hand there will be partnership property in which the partnership enjoys full legal rights and on the other, there will be property which is merely held on trust for the benefit of the partnership. This will lead to conceptual complications, as the partners are unlikely to be aware of this dual structure of ownership. In a partnership with legal personality, partners, ââ¬Ëdo not own a share in the partnership property directly. The partners own a share in the partnership and that share will, of its nature, be personal or incorporeal moveable property.ââ¬â¢[8] Unfortunately according legal personality to firms may cause problems in relation t o security of title. The current rules protect the purchaser by insuring that, ââ¬Ëat least two but not more than four of the partners are registered as proprietors and they hold it on trust for all the partners as tenants in common. The interests of the partners are protected by the entry on the register of certain common-form restrictions. Any purchaser is entitled to assume that the registered proprietor has full dispositionary powers in the absence of any entry to the contrary on the register.ââ¬â¢[9] It might not be the case that a purchaser would be able to assume such dispositionary powers in where the firm and not trustees was registered. The Law Commission writes, ââ¬ËIf a partnership wished to sell land acquired many years earlier when the composition of the firm was different, how, for example, would a purchaser know that the partnership selling the land was the same legal person as the partnership on the records as the owner?ââ¬â¢[10] There is no obv ious answer to this problem. The Law Commission note that frauds as to security of title are both rare and difficult to put into effect. It is submitted that the benefits of allowing partnerships to avoid the bureaucracy of transferring title every time there is a change of composition outweigh the disadvantages of a reduction in security of title for purchasers. The law society highlights a second advantage to the accordance of legal personality and the transfer of property, ââ¬Ë2) Where property is transferred, third parties who had claims against the old group of partners may have no claim against the assets of the new group.ââ¬â¢[11] Legal personality would prevent a change in partnership composition from automatically creating a new partnership. For this reason, creditors claims would not be broken by the legalistic creation of ââ¬Ënewââ¬â¢ firms. This has clear and positive implications for lenders. It is not just property that would survive changes in composition; contractual rights would also be left in tact, ââ¬Ë3) Difficulties may arise in transferring contractual rights and obligations from the old group to the new group, particularly where the contracts cannot be freely assigned or where the partners are unaware of the need to take any steps.ââ¬â¢[12] A partnership with legal personality would be able to enter into contracts. The obligations created by those contracts would persist regardless of any change in composition. Another major advantage of reform is that it would simplify the rule that partnerships are dissolved upon change of membership. While partnerships are able to ââ¬Ëcontract outââ¬â¢ of the default rules, they currently provide that a change of membership results in dissolution of the partnership. Under S. 32 (c), this can happen for a variety of reasons, Reduction of the number of partners to below two; Expiry of fixed term, subject to any agreement between the partners; (c) Termination of the single adventure or undertaking for which the partnership was entered into, subject to any agreement between the partners; (d) Notice by one partner of intention to dissolve the partnership where the partnership was entered into for an undefined time, subject to any agreement between the partners. As has been noted, a great many businesses rely on the default rules. This means that following the death or retirement of a partner, the partnership may have to be wound up. This directly contradicts the principle of continuity of business. The Law Commission write consider that, ââ¬Ëunnecessary legal difficulties, following the death or retirement of a partner, may on occasion cause the winding up of businesses that might otherwise have continued.ââ¬â¢[13] Legal personality would mean that the partnership could continue despite changes in composition of the membership. In the view of the economic importance of the business model, it is submitted tha t this would be a very positive outcome indeed. The accordance of legal personality has far reaching implications for the winding up of a firm. S. 38 of The 1890 Act currently states, ââ¬ËAfter the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise.ââ¬â¢ Partnersââ¬â¢ rights and obligations continue insofar as it is necessary to wind up the firm. The Law Commission detail the problem, ââ¬ËThe difficulty is that rights and property may be vested in the firm as a legal person. Once the firm is dissolved there is no longer any person to hold the rights and property. When an individual dies, rights and property pass to an executor. There is no provision in the 1890 Act for a ny similar transfer to the former partners by operation of law.ââ¬â¢ That is to say that all the rights and obligations vest not in the partners, but in the separate legal personality of the firm. The consequence of this is that on winding up, there is nobody with a duty to oversee the process and settle debts. It is interesting to consider the Scottish situation. As has been noted, partnerships in Scotland have legal personality. In Inland Revenue v Grahamââ¬â¢s Trustees [1971][14], Lord Reid said, ââ¬ËIn my opinion, section 38 does not make the surviving partners parties to the firmââ¬â¢s contracts and so keep those contracts alive. That would involve a radical change in Scots law. But I see no difficulty in holding that this section does require unfinished operations to be completed under the conditions that would have applied if the contract had still existed.ââ¬â¢ It is submitted that Lord Reid has clearly avoided giving s. 38 a literal interpretat ion. His opinion is that s. 38 only serves to compel former partners to complete ââ¬Ëunfinished operations.ââ¬â¢ This is vague and conceptually incoherent. It is not immediately clear what ââ¬Ëunfinished operationsââ¬â¢ might entail, or on what legal basis the court has the power to compel parties to complete them. It is not, however, a problem without a remedy. The first approach concords with the old Scottish rule that the partnerships continues ââ¬Ëin a sense.ââ¬â¢[15] The partnerships are, ââ¬Ëgone but, not yet gone.ââ¬â¢ The advantage of this approach is that the rights and obligations of the partnership continue to attach to the partnership during the process of winding up. This means that the rights and obligations do not have to be passed over to the individual partners in order for unfinished operations to be completed. There are clear conceptual problems, however, the Law Commission writes, ââ¬ËThere are theoretical difficulties with thi s option. There is the logical difficulty of regarding the partnership as gone and yet not gone at the same time. There is the difficulty that there may be only one partner, or no partners, left during the winding up process. It may be odd to say that a partnership continues in such circumstances. There is the difficulty of knowing when the partnership does come to an end. The winding up process may drift on indefinitely. In some cases there will be closing accounts and a recognizable end to the winding up period. In other cases there may be no recognizable end at all. The partnership may continue forever.ââ¬â¢[16] This is a clearly unacceptable catalogue of woe. The Law Commission do not consider that in practice it is likely to cause much difficulty, however. Rights could be enforceable only for a limited period of time. It is submitted, however, that the concept of a partnership being, ââ¬Ëgone, but not yet gone,ââ¬â¢ lacks legal clarity. What then of the second op tion? The Law Commission details this as transferring, by operation of law, rights to the former partners as trustees for the purpose of winding up. Unfortunately this solution causes problems in relation to real and heritable property as, ââ¬Ëtitle to such property can only pass through registration. If the partnership ceases to exist on dissolution, it will be unable to execute the documents necessary to effect the transfer. The property would become ownerless and ultimately revert to the Crown.ââ¬â¢ This is clearly not an acceptable state of affairs. The Law Commission is, therefore, right to recommend option one. It is submitted, however, that partnerships without legal personality have a clear conceptual advantage in this regard. Creditors will not pursue a partnership only when it is being wound up. It is a logical consequence of the accordance of separate legal personality that creditors will be able to pursue the partnership to enforce rights and obligations as w ell as the individual partners. This is a clear advantage over the current system, as actions against private individuals are stressful and effect family members outside of the business world. The Law Commission debates, however, whether or not partnerââ¬â¢s liability should be subsidiary, that it to say, the primary liability would be of the partnership and the individual partners would only be liable when the property of the partnership is not substantial enough to cover the debt. The Law Commission opposes the alternative concept that the partnership and the individual partners should be both jointly and severally liable in the initial action on the basis that it would create a misleading impression, ââ¬ËIt would, however, give the wrong impression of the nature of the respective liabilities of the firm and the partners. It would give the impression that in a four-partner firm there were five obligants, each being liable, as between themselves, only for a one-fifth share. This solution would also give the misleading impression that if a partner paid the whole of a partnership debt the partnerââ¬â¢s right of relief against the partnership would only be for part of the debt. In fact the partner should have a right of relief against the partnership for the whole amount of the debt. It would also be rather misleading to give the impression that if the partnership paid, it would have a right of relief against the partners.ââ¬â¢[17] It is submitted that it is wrong to be unduly concerned in this regard. While the Law Commission is absolutely right to emphasise clarity and simplicity in the ââ¬Ëdefault codeââ¬â¢, it should be remembered that creditors commencing legal action against a firm are very likely to have sought legal advice. The Law Commission is weary of stipulating that creditors must proceed against the firm before the partners on the basis that creditors should not be obliged to take unnecessary steps. If it is clear f rom the outset that settlement of liability will only come from a direct action against individual partners, the law should reflect this reality. On the other hand there is a more important consideration to take into account. Partners should be protected from actions against themselves as private individuals, when the firm with legal personality would be able to settle the liability. The Law Commission has written, ââ¬ËOn balance, our provisional view is that a creditor should not have to exhaust enforcement remedies against the assets of the partnership before enforcing the judgment against the assets of a partner.ââ¬â¢[18] It is submitted that it is clear advantage of the introduction of legal personality that it will be possible to bring actions against the partnership. An advantage of the current system is that the default rules come into operation without any action being taken by the parties. The system is simple and comprehensible. The introduction of legal personality threatens this to some extent. If the law were to state that legal personality is only accorded for firms that have registered, firms would be divided into three categories; those with their own partnership contracts, unregistered firms without legal personality and registered firms with legal personality. This regime may well be confusing for small firms who do not have ready access to legal advice and who are unlikely to understand the difference between a registered firm with legal personality and one without. It is submitted, therefore, that the Law Commission is correct to suggest that legal personality should arise automatically as a result of the default rules. This would maintain the advantageous simplicity of the current system. There is one possible major advantage of legal personality that the law commission has neglected to consider. Separate legal personality could result in automatic unlimited limited liability for all firms. The current divi sion between conventional firms and limited liability partnerships is confusing. Again, it is unlikely that small firms will have access to legal advice and will not understand the advantages of limited liability. Separate legal personality is conceptually consistent with limited liability. It creates a separate entity from the partners, an entity which takes all the risks. The Economist eloquently records its support of limited liability ââ¬ËThe economic historian of the future may assign to nameless inventor of the principle of limited liabilityâ⬠¦ a place of honour with Watt and Stephenson, and other pioneers of the Industrial Revolution. The genius of these men produces the means by which manââ¬â¢s command of natural resources was multiplied many times over; the limited liability company the means by which huge aggregations of capital required to give effect to their discoveries were collected, organized and efficiently administered.ââ¬â¢[19] It is submitte d, therefore, that a natural consequence of separate legal personality is automatic limited liability. This approach would iron the current inequalities in the law, where large professional partnerships with access to legal advice are likely to constitute themselves as LLPs. Of course the major advantage on unlimited liability is that financial affairs are accorded a higher degree of privacy. It is questionable, however, how far small firms value such privacy. It is submitted that given a choice between privacy and limited liability, most small businesses would choose limited liability. While it was perhaps outside the Law Commissionââ¬â¢s termââ¬â¢s of reference to address this issue, it is, perhaps, a wasted a opportunity. There is no reason why large firms with access to legal advice should not be allowed to ââ¬Ëcontract outââ¬â¢ of unlimited liability if they wish to protect their privacy. The introduction of legal personality for partnerships would benefit the law, so long as it was part of the default code and not subject to registration. Registration would only complicate an admirably simple system. The introduction of legal personality would iron out difficulties of property ownership and the bureaucratic legal necessity of transferring property each time there is a change in partnership membership and a ââ¬Ënewââ¬â¢ partnership is created. It would also allow contracts made with the partnership to survive a change in membership and rights and obligations of the partnership would persist. It would allow for actions for liability to be brought directly against the firm rather than against the partners as private individuals. This is highly desirable as the law should try and limit actions against private individuals on policy grounds. Conversely, it would complicate the currently transparent system in operation for the winding up of a partnership, introducing an intellectually vague concept that the partnership is ââ¬Ëgone, bu t not yet gone.ââ¬â¢ There is also the inevitable argument that as the system is working relatively successfully, alterations may be bureaucratic and time consuming for only minor benefit. The Law Commission failed to consider the advantages of making the ââ¬Ëdefaultââ¬â¢ partnership limited liability. This is a great shame. Limited liability is a natural extension of separate legal personality. Commercial Law And Practice, The College of Law, 2006 Halpbern, An Analysis Of Limited Liability In Corporation Law, University of Toronto Law Journal, 1980 Inland Revenue v Grahamââ¬â¢s Trustees [1971] SC (HL) 1 Law Commission, Consultation Paper 159, Partnership Law, 2000 Law Commission, Consultation Paper 159, Partnership Law, Summary, 2000 à ¯Ã¢â¬Å¡Ã · Partnership Act 1890 Toulson, Law Reform In The Twenty First Century, Legal Studies, Vol 26, No. 3, 2006 1 Footnotes [1] Toulson, 2006, p 321 [2] Law Commission Report 159, at 1.4 [3] As above at 1.8 [4] As above at 1.17 [5] As above at 2.7 [6] As above at 4.11 [7] As above at 11.19 [8] As above [9] As above at 4.38 [10] As above [11] As above at 4.11 [12] As above [13] As above at 4.13 [14] Inland Revenue v Grahamââ¬â¢s Trustees [1971] SC (HL) 1. [15] Law Commission Report at 8.11 [16] As above at 8.20 [17] As above at 10.15 [18] As above at 10.19 [19] Cited in, Halpern, 1980, p 1
Friday, December 27, 2019
A Study Of A Patient Who Experienced Chest Pain Essay
Introduction A systematized and precise assessment is a vital tool for a clinician to identify not only patients who are in unpredictable life threatening situations but also to recognize the initial signs of patientââ¬â¢s deterioration. (Tough, 2004) In order to accomplish a systematic and detailed assessment, a sound clinical judgment and strong clinical decision should be made (Croskerry, 2009) This will aid in formulating a pertinent diagnosis, which is the key in devising a safe and effective treatment plan for the patient. (Croskerry, 2009) This essay is a case study of a patient who experienced chest pain. The goal of this paper is to draw up a clinical diagnosis that would be based on a complete medical history, a systematic physical assessment, and the utilization of three significant diagnostic tests to rule out other diagnoses. Presenting Complaint / General Appearance Mr. Z is a 64-year-old Pacific islander male. Mr. Z was brought to the emergency department via ambulance due to chest pain. The initial treatment that was given was Aspirin 300mg P.O., two puffs of GTN (Glyceryl Trinatrate) and four mg of IV morphine. Mr. Z called the ambulance because of sudden onset of pain when he was walking up the stairs after 4 to 5 steps. The location of the pain was at the central area of the chest, with pain radiating to the neck, jaw, arms, back and abdomen (epigastric area) that lasted about 15 to 20min. He described the pain as burning and heavy, with a pain scoreShow MoreRelatedA Study Of A Patient Who Experienced Chest Pain Essay2296 Words à |à 10 Pagesto identify not only patients who are in unpredictable life threatening situations but also to recognize the initial signs of patientââ¬â¢s deterioration. (Tough, 2004) In order to accomplish a systematic and detailed assessment, a sound clinical judgment and a strong, clinical based decision maki ng by the clinician should be done. (Croskerry, 2009) This will aid in formulating a pertinent diagnosis, which is the key in devising a safe and effective treatment plan for the patient. (Croskerry, 2009) ThisRead MoreNursing Research Essay1370 Words à |à 6 PagesThree and Four. One article is a qualitative research study, and the other is a quantitative research study. Identify which article is which, and then complete the table where applicable. Write no more than three sentences in each cell of the table. * * | * Qualitative | * Quantitative | * Article Name Listed in APA Format | Jerlock, M., Gaston-Johansson, F., amp; Danielson, E. (2005). Living with unexplained chest pain. Journal of Clinical Nursing, 14, 956-964. 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Several studies have been performed to examine predictors of PTSD as well as factors that may protect veterans against the disorder. Not surprisingly, combat exposure has been identified as a robust predictor of PTSD among veterans, even after controlling for baseline symptoms. On the other hand, postdeployment social support has been shown to act as a buffer against the development of PTSD symptoms even for veterans who engaged in combat. Whereas research on veteransââ¬â¢Read MoreRotator Cuff Surgery: Case Study Questions1706 Words à |à 7 PagesRotator Cuff Surgery Case Study Questions Q1. Identify the psychosocial impact of surgical intervention including the psychosocial impact of elective and emergency admissions, separation, and loss of income and/or loss of control as related to the case study The patient at the center of the present case study is an excellent demonstration of the way that psychological and sociological needs impact the experience of receiving medical treatment. In this case, the subjects emotional well-being isRead MoreHistory Of Present Illness : Dr. Xxxx1606 Words à |à 7 PagesChief Complains: ââ¬Å"My chest hurts, and I am hard to breatheâ⬠History of Present Illness: Mr. XXXX is a 44 years old Caucasian male, a general construction worker who works on a nearby highway for the bridge project, and checked in this urgent care center for complaining of chest pain and shortness of breath (SOB). The chest pain is constant dull and pressure like pain, and started 3 hours ago. The pain is located on the center of chest. He rates the pain 4 out of 10 on a pain scale 0 to 10 whileRead More5 Types of Physical Therapy911 Words à |à 4 Pages but the 5 types of therapies that I have chosen are as follows: Sport therapy Impotency: New Therapy Chest physical therapy Burner syndrome Osteoarthritis of the Knee Sport therapy: Today in sports athletes bear many mental and physical obstructions from there competitive environment. 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Thursday, December 19, 2019
3d Printing Has A Reputation For Being A Greener Method Of...
3D printing has a reputation for being a greener method of manufacturing, then the conventional factory methods that, up until now, have traditionally been used. But that is not necessarily the case. There are heavily spammed myths that are used as a catalyst to speed up the ever growing industry that is 3D printing. 3D printing does not mean zero waste, there are many different types of 3D printers that all construct pieces in different ways. Fused deposition modelling (FDM) machines, a consumer favourite, print products by using technology methods, like a hot glue gun, with the control of XYZ co-ordinates. Inkjet 3D printers, lay down a polymeric ink and then UV light cures it layer by layer. FDM machines are an environmentalistââ¬â¢sâ⬠¦show more contentâ⬠¦It is replacing machining for smaller runs (1 unit, 10 units, maybe 1,000 units).â⬠(Faludi, 2013). 3D printing has a niche market in creating more specialist products on scale, but it could not feasibly compete with injection moulding when trying to produce small plastic cars etc. Faludi compared the three machines by carrying out a life-cycle assessment (LCA) of the two printers (FDM and inkjet) and the CNC mill. The LCA included the materials and manufacturing of the machines themselves, transportation, energy use, material in the final parts, material wasted, and the end-of-life disposal of the machines. The FDM printer was the winner. ââ¬Å"It had half or less impact than the inkjet 3D printer, and around one-third less than the millâ⬠(Faludi, 2013). The outcome of the study was the 3D printing can be cleaner and greener, when using the right type (FDM). The printers impacts came primarily from the electricity use; so if the electricity was sourced renewably, this factor could be made redundant. Markus Kayser in 2011 looked to an alternative manufacturing method that uses renewables. The project was called ââ¬ËThe Solar Sinterââ¬â¢. Kayser explored the potential of desert manufacturing, where essential products for manufacturing occur in abundance. ââ¬Å"In this experiment sunlight and sand are used as raw energy and material to produce glass objects using a 3D printing process, that combines natural energy and material with high-tech
Wednesday, December 11, 2019
Management and Organization Behavior Departmental Store
Question: Describe about the Management and Organization Behavior for Departmental Store. Answer: Introduction Purpose of report: Management has been often perceived in varying contexts as people or process. As people, management refers to the senior authority assigned for the monitoring and supervision of the organizations activities. From the perspective of a process, management can be widely perceived as the effective utilization of resources in order to attain predefined objectives of an organization (DuBrin, 2013). The report provided below is largely concerned with the managerial aspects of an organization and attempts to emphasize on the four profound managerial functions which are required for the sustainable operations of an enterprise. The issues addressed in the report include references to the disparities among theoretical and actual practices in management (Giacalone Rosenfeld, 2013). Organization background: The organization which was selected for the report is Myer Holdings Ltd which is a leading departmental store in Australia. The number of stores operated by the company is 65 and the stores are concerned with provision of 11 different categories of products which include apparel for both genders, electrical appliances, beauty accessories, cosmetics and various merchandize. Myer also shows innovative strength in terms of in house stores of Vodafone and Espresso coffee (Greenberg Colquitt, 2013). The store serves products from almost 2400 brands and is accountable for supplies from 800 international suppliers. The organizations profound feature is its association with almost 3 million customers through its trust and loyalty program. With a formidable product range and visible market presence, Myer holds a promising opportunity for realizing the capabilities of management practices to enable sustainable growth for it in the future (Goetsch Davis, 2014). Interview process: The interview questions were prepared with consideration for the privileges of each manager selected for the interview. The interview process was conducted on five managerial personnel of Myer Holdings Ltd. the managers were selected from distinct domains of the organization such as sales manager, security manager, data manager, operations manager and marketing manager. The role of each respondent can be apprehended from the description of their jobs. These individuals were selected primarily because of their managerial role in the organization and the significance of the departments they lead in realizing the business objectives of Myer (Griffin, 2013). The participants were contacted directly in their offices through prior appointments and were informed of the nature and objectives of the interview in order to gain their participation. The interview questions were open ended and were largely related to the conjunction of their professional and personal lives. Major emphasis on mana gement of the balance between personal and professional lives of managers enabled the respondents to become familiar with the interview process (Lewin, 2014). Report outline: The interview questions have to be analyzed with references to the various theoretical descriptions provided regarding the role of a manager in an organization. The report provided below has been structured according to the four distinct functions of planning, organizing, leading and controlling. Each of the sections of the report would be dedicated to each of the above mentioned functions (Levine, Thompson Messick, 2013). The sections would provide an insight into the theory associated with each function and the observations from the interview which are indicative of realization of the specific function. The conclusion of each section is related to the critical review of the processes implemented by the managers as perceived from the interview which would help in deriving suitable recommendations for improving the managerial strategy at Myer Holdings Ltd (Locke, 2015). Planning: Theory Planning is concerned with the design of a feasible course of action for a company. The finalization of a precise plan for strategy implementation is accountable for the precise allocation of resources and utilization of organizational capabilities in the appropriate context. The planning process for an organization is primarily associated with goal setting and is considered as the profound source for deriving the vision for an organization. The creation of objectives or goals is responsible for providing a common apprehension related to the procedures needed for accomplishing goals (Lent Brown, 2013). Therefore a proficient manager is characterized by fluent planning capabilities and theory associated with managerial practices suggests that managers must adopt distinct approaches for planning. Business planning and strategic planning could be executed in unison or individually depending on the expectations and investments of the managers. Efficient business planning enables a manag er to predict the issues for degradation of performance, comprehensive analysis of market and industry in which the organization operates, calculated objective formulation and provision of opportunities for sustaining the organizations growth in future (Miner, 2015). The objectives set by a manager must be capable of adapting to performance measurement systems adopted by the company. This would enable the manager to monitor the performance of employees according to the predefined implications in the business plan. Findings A business plan is primarily composed of business and product description, market analysis, implementation strategy, management guidelines and financial plan. The business description indicates the details of the business in terms of its origin and the legal obligations as well as organizational structure. Product descriptions refer to the illustration of products and services facilitated to customers and the benefits of the product to customers as well as its distinction from the products of competitors. Market analysis provided in a business plan must be directed towards the description of market size, customers, competitors and the future scope in the market (Morgeson et al., 2013). The implementation strategy is concerned with the methodologies which must be adopted to realize the objectives of the plan. Assignment of responsibilities to teams and management as well as key authorities is also a profound inclusion in the planning activities of a manager. Financial planning on beha lf of a manager is expected to be realized in the form of break-even analysis, balance sheet, budgeting, costing, cash flow analysis and other tools for financial predictions. Managers are also required to conduct strategic planning which is an essential derivative of the planning process. Strategic planning is chiefly intended for the estimation of external and internal factors which could be impactful on the activities of the organization (Mathieu et al., 2016). The commonly used models for strategic planning include SWOT analysis, Porters five forces model and PESTEL analysis. These tools enable the acquisition of information on the favorable as well as detrimental aspects of the organization and thereby suggest favorable improvements in the subsequent stages of the management functions such as organizing, leading and controlling. Analysis The interview responses from the different managers indicated a common approach towards planning. However disparities in certain sectors such as components of business plan or strategic plans were not addressed by certain managers such as the security manager and the operations manager. The pre-planned activities of Myer enable limited scope for innovation on behalf of managers in the planning phase. The management of Myer is completely involved in the planning process prior to the design and launch of new products (McShane Von, 2015). The interview responses suggested that business planning was divided into different management levels such as top level, mid-level and departmental managerial levels. Strategic planning is conducted by the senior management while the task of operational and tactical planning is assigned to departmental and mid-level managers. The reflection on such practice in Myer Holdings Ltd. in terms of planning function of managers would indicate that the organization should emphasize on creativity to obtain promising results from the potential of managers. The analysis of responses indicates the attitudes of the managers towards the varying distribution of authority which limits their involvement in the process of decision making in the planning process (Mihalache, et al., 2014). The organization must adopt the ideal practice of implementing a collectivist framework and include all managerial personnel in the planning process to obtain a diverse impression of the performance of different sectors of the organization as well as include remedial measures. Organizing: Theory Managers in an organization are not completely able to realize all the planned activities. The key reason for this could be perceived as the lack of organization. Organization of tasks indicates that the managers have to assign the planned tasks to various individuals in the organization. The process of organizing is also concerned with the activities of direction and coordination. This would enable employees to realize the precise expectations of the organization from them in context of the defined objectives (Nahavandi et al., 2013). The allocation of resources is also improvised with the application of organizing functions by managers. The manager is responsible for communicating the levels of authority, organization of the available workforce and distribution of resources to employees of the organization. The foremost activity of a manager is to prepare an organizational chart which indicates the organizational structure for clarification on the classification of management as we ll as classification of individual responsibilities within an organization (Pinder, 2014). The organization structure signifies the association which exists between different departments of the company and their individual as well as common functions. The arrangement of the organizational structure according to a hierarchy is indicative of the classified distribution of authoritative levels in an organization and individuals who rank higher in a hierarchy usually enjoy added power and responsibility at the same time. The organizing functions of a manager are initiated with references to the delegation of activities and tasks to employees (Robbins Judge, 2012). The managers must take a note of the existing activities as well as new strategic modification which employees must incorporate in their tasks. The delegation of activities and tasks has to be primarily based on the skills and capabilities of the employees in each department. Departmental organization of activities as planned in the strategy would account for unification of similar groups and increasing the scope for division of labor. Departmental organization also accounts for limitations on the magnitude of tasks and hence employees could achieve the desired objectives with ease. The next step in organizing refers to the categorization of authority which is also inclusive of the implications for division of responsibility and reporting (Stadtler, 2015). Finally, the managers have to communicate the necessity of maintaining a fine balance between responsibility and authority which would mean that managers of respective departments would not misuse their privileges. Finding The organizing aspect of managerial functions has been observed as one of the profound elements of management practice implemented in Myer Holdings Ltd. the responses from the interview of managers suggested that organizing function of managers in the organization was chiefly concerned with management of human resources, financial resources and raw materials (Wagner Hollenbeck, 2014). The communication of managers in the form of interactive meetings enables employees to acquire a lucid impression of their duties which is responsible for the feasible execution of strategic plans of the organization (Shortell Kaluzny, 2013). Analysis The reflection on organizing function of managers with respect to Myer Holdings Ltd. and the inferences observed in theory suggest that the organization must assume a sophisticated communication channel for interlinking the various departments of the organization which in turn would result in effective organization of activities and realization of managerial performance (Shortell Kaluzny, 2013). Streamlining the activities of the different managers into distinct categories and departments could also be considered as plausible alternatives by managers to enhance managerial capabilities. Leading: Theory The third function of a manager is to serve as an ideal example for employees to follow suit. On a practical basis, managers are required to direct the activities of staff in the right direction. The leading process enables the employees of an organization to accomplish the individual as well as professional objectives through motivation, department leadership and communication. The managers are able to command the activities of employees and leading functions are aptly realized in the commanding nature of leaders (McShane Von, 2015). Managers must be capable of providing order and directing employees and should move above the mere level of informing employees about the requirements from a particular task and indulge in guiding and supervising the staff (Robbins Judge, 2012). Furthermore managers are also concerned with the supervision of compliance of employees to deadlines and targets. Managers must be able to provide illustrated guidelines in order to ensure that their subordina tes complete their tasks according to requirements. Theoretical implications of leading function of management re associated with directives of pervasive function, delegate function, human factor, creative activity and continuous activity. Findings In the case of Myer Holding Ltd. the leadership style followed by managers has proved to be a crucial influence on the motivation of the large workforce of the organization. Leadership has enabled the company to achieve the tag of Australias leading departmental store chain. The managers of the organization rely on a democratic and participative style of leadership which enables leaders to involve all employees of the organization in decision making processes as well as resolving existing issues in the organization (Nahavandi et al., 2013). The characteristic observation which can be derived from the interview responses indicates that managers at Myer adopt situational leadership styles which can respond to dynamic changes in the business environment. The prominence of contingency theory is also a notable feature in the leadership aspect of managerial function. Analysis The critical reflection of the leading functions provided by managers at Myer Holdings Ltd provides an insight into the reliable methods which can be adopted for improving talent retention. Though the participative style of leadership is favored by majority of employees, the setbacks in terms of financial remunerations often get unnoticed. Therefore, top level managers must be responsive towards the financial as well as non-financial sources of motivation for improving and retaining talent. Controlling: Theory Controlling or evaluation is considered as an imperative inclusion in the functions of a manager. The process is associated with frequent evaluation of the efficacy of operations and implementation of remedial measures in case of discrepancies. Managers can realize the efforts to measure and evaluate the activities of various individuals which are indicative of the proper compliance of the individuals with the assigned responsibilities. Establishment of disciplinary controls could not be assumed as the final solution to controlling initiatives as the reason for inferior performance could be attributed to certain traits of workers and managers have to find the reasons and address them individually (Robbins Judge, 2012). Controlling has been defined in literature as a systematic process or exercise schedule which is capable of comparing the actual performance of the workforce with reference to the standards or plans mentioned in the strategy. The two foremost purposes served by contro lling function include planning and coordination of activities in an organization. The characteristics of effective controlling functions are also reflective of the necessary measures which must be adopted by managers to respond to the dynamic environment observed in contemporary business scenarios (McShane Von, 2015). Controlling is perceived as an end function and is directed towards a farsighted vision for an organization (Robbins Judge, 2012). Controlling enables performance to be aligned with the plans of the organization, different levels and multiple issues of the organization, review of process implementations and a flexible opportunity for realizing the potential of realizing higher revenues from the existing resources and capabilities of the organization. The interdependency of planning and control functions of a manager is also considered as a prominent highlight of management and organization behavior practices. Findings Myer Holdings Ltd. entrusts its success in a formidable controlling mechanism complemented with the proficiency of managers of the organization. The interview session revealed ample inferences in terms of the description of the controlling techniques adopted by managers. The performance systems are meant for realizing the control functions of a manager as they offer a comparative representation of the performance of the organization with respect to standardized performance. The establishment of a benchmark for employees has enables the leaders of Myer to motivate employees and drive them towards accomplishment of goals specified in the strategic plans (Shortell Kaluzny, 2013). The top management is the chief supervisor of the controlling activities of managers and the establishment of control standards for optimizing the performance of employees. Analysis Critical review of the interview responses indicates that the distribution of control functions must be extended to lower echelons of management. The managerial personnel situated at the lower levels of organizational hierarchy must be provided with substantial opportunities to increase the scope of control and ensure that all activities are executed in the desired manner (Robbins Judge, 2012). Managers have to consider the aspects of leniency while considering control standards for the organization as excruciating controls can also lead to degradation of employee performance. Conclusion: The report summed up the four managerial functions from classical perspective of management with respect to the selected case study of Myer Holdings Ltd. The report was executed with a distinct purpose of identifying the issues faced by managers while implementing the functions of management in real time situations. Each function was represented distinctively with individual references to implications of the function in context of theory, practice and the supposed recommendation for ideal practice for managers in an organization. The report found that the managers at Myer Holdings Ltd must try to move beyond the conventional aspects associated with the four functions of managers such as opting for talent retention measures, effective involvement of all layers of management and constructive leveraging of resources according to the planned strategies. References Cummings, T.G. and Worley, C.G., 2014.Organization development and change. Cengage learning. DiPaola, M. and Tschannen-Moran, M., 2014. Organizational citizenship behavior in schools and its relationship to school climate.Journal of School Leadership,11(5), p.424. DuBrin, A.J., 2013.Fundamentals of organizational behavior: An applied perspective. Elsevier. Giacalone, R.A. and Rosenfeld, P., 2013.Impression management in the organization. Psychology Press. Greenberg, J. and Colquitt, J.A. eds., 2013.Handbook of organizational justice. Psychology Press. Goetsch, D.L. and Davis, S.B., 2014.Quality management for organizational excellence. pearson. Griffin, R.W., 2013.Fundamentals of management. Cengage Learning. Lewin, A.Y., 2014. Emerging economies open unlimited opportunities for advancing management and organization scholarship.Management and Organization Review,10(1), pp.1-5. Levine, J.M., Thompson, L.L. and Messick, D.M., 2013.Shared cognition in organizations: The management of knowledge. Psychology Press. Locke, K., 2015. Pragmatic reflections on a conversation about grounded theory in management and organization studies.Organizational Research Methods, p.1094428115574858. Lent, R.W. and Brown, S.D., 2013. Social cognitive model of career self-management: Toward a unifying view of adaptive career behavior across the life span.Journal of counseling psychology,60(4), p.557. Miner, J.B., 2015.Organizational behavior 1: Essential theories of motivation and leadership. Routledge. Morgeson, F.P., Aguinis, H., Waldman, D.A. and Siegel, D.S., 2013. Extending corporate social responsibility research to the human resource management and organizational behavior domains: A look to the future.Personnel Psychology,66(4), pp.805-824. Mathieu, C., Fabi, B., Lacoursire, R. and Raymond, L., 2016. The role of supervisory behavior, job satisfaction and organizational commitment on employee turnover.Journal of Management Organization,22(01), pp.113-129. McShane, S.L. and Von Glinow, M.A., 2015. Organizational Behavior 7/e. Mihalache, O.R., Jansen, J.J., Van den Bosch, F.A. and Volberda, H.W., 2014. Top management team shared leadership and organizational ambidexterity: A moderated mediation framework.Strategic Entrepreneurship Journal,8(2), pp.128-148. Nahavandi, A., Denhardt, R.B., Denhardt, J.V. and Aristigueta, M.P., 2013.Organizational behavior. SAGE Publications. Pinder, C.C., 2014.Work motivation in organizational behavior. Psychology Press. Robbins, S.P. and Judge, T., 2012.Essentials of organizational behavior. Boston: Pearson. Stadtler, H., 2015. Supply chain management: An overview. InSupply chain management and advanced planning(pp. 3-28). Springer Berlin Heidelberg. Shortell, S.M. and Kaluzny, A.D., 2013.Health care management: a text in organization theory and behavior. Albany, New York: Delmar Thomson Learning, 1988.. Wagner III, J.A. and Hollenbeck, J.R., 2014.Organizational behavior: Securing competitive advantage. Routledge.
Tuesday, December 3, 2019
Power Issues And Case Analysis Imbalances Social Work Essay Essay Example
Power Issues And Case Analysis Imbalances Social Work Essay Essay This assignment will discourse the instance analyze given whilst foremost looking at the issues of power every bit good as the hazard discourse and how this can be dominant within societal work pattern. Further to this a undertaking centred attack will be explained and how it could be used when nearing this instance survey. Finally the strengths position will be explored and how this could consequence alteration, and convey approximately societal justness rules. Thompson ( 2000 ) discusses that power can be a complex issue that operates on different degrees. He farther discusses that many service users who come into contact with societal services are by and large in a comparatively low place of power, and that this could be due to, for illustration ; societal divisions such as, category, race, ethnicity, gender, or faith. When looking at issues of power, it could be said that Ms. Evans who defines herself as Asian is being oppressed by many power derived functions that would necessitate to be considered. For illustration ; Ms. Evans is presently populating in naval married quarters and feels she has non been accepted into the community. It could be argued that she is populating in a preponderantly male domineered, white environment. Thompson ( 2000:56 ) high spots patriarchal political orientation and how male laterality serves to keep bing power dealingss between work forces and adult females , he besides highlights how we should resist the force per unit area to do people conform to white malestream norms ( Thompson 2000:141 ) . We will write a custom essay sample on Power Issues And Case Analysis Imbalances Social Work Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Power Issues And Case Analysis Imbalances Social Work Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Power Issues And Case Analysis Imbalances Social Work Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Healey ( 2005 ) discusses anti-oppressive pattern and how this looks at the personal, cultural and structural objects that can determine the jobs that service user s experience. Healey ( 2005 ) further discusses that through anti-oppressive pattern societal workers aim to advance service user authorization by promoting them to speak about and portion their feelings of impotence, to assist them understand how cultural and structural unfairnesss can determine their experiences of subjugation. Therefore when working with Ms. Evans and her household I would necessitate to integrate anti-oppressive pattern in order to authorise, and enable her to portion with me her feelings and experiences of impotence in order to derive a better apprehension of the households state of affairs. However Thompson ( 2000 ) high spots, societal work intercession involves the exercising of power, which if used negatively can reenforce the disadvantages that service users experience. Used positively nevertheless power can assist to heighten the working relationship, the results, and authorise the service user, as Healey ( 2000:202 ) writes postructuralists see power as an ever-present and productive characteristic of societal dealingss , and Foucault cited by Healey ( 2000 ) highlights the demand for us to recognize the productiveness of power, and argues that by concentrating on power as merely being oppressive ignores the positive dimensions of power. Ms. Evans has been referred to societal services via the Health Visitor ; this could be doing her feel disempowered and nervous about the Forth coming intercession of societal services. Therefore when working with Ms. Evans and her household I would hold to recognize the power instabilities between us, ( Thompson 2000 ) . I would necessitate to be sensitive to the issues of power and instabilities by being clear with Ms. Evans on my function and intent, explicating professional boundaries and duties ( Trevithick 2005 ) . I would besides necessitate to see my usage of linguistic communication and how every bit Dalrymple ( 1995 ) cited by Healey ( 2000:184 ) explains the manner in which linguistic communication can reflect power derived functions and have an impact on the people with whom we are working . Equally good as recognizing power issues and instabilities, as the societal worker cubic decimeter would besides necessitate to set about a hazard appraisal. As Thompson ( 2000 ) high spots, to measure the grade and nature of any hazard to which Ms. Evans and her household could be exposed to. Measuring exposure to hazards or a individual, who is vulnerable to it is cardinal to assessment within societal work pattern ( Davies 2005 ) . Stated in the Codes of Practice, as a societal attention worker, you must esteem the rights of service users while seeking to guarantee that their behavior does non harm themselves or other people ( GSCC 2007:4 ) . This includes following hazard appraisal policies and processs to measure whether the behavior of service users presents a hazard of injury to themselves or others ( GSCC 2007: 4.2 ) . Therefore when working with Ms. Evans and her household I would necessitate to be cognizant of my organizational and statutory responsibilities as there are significant policies, counsel, and models to inform my pattern on hazard appraisal. When working with kids and households as Brayne ( 2005 ) high spots, I would necessitate to be cognizant of the jurisprudence, which under the Children Act 1989 provinces ; my primary duty would be when working with Ms. Evans and her household to that of the kid, or kids. Ms. Evans has stated that on occasions she and her household have experienced verbal maltreatment, which would necessitate to be investigated farther to make up ones mind on any hazards this may present to the household. However she has been described by the Health Visitor as enduring from station natal depression, and finds it hard to care for her kids, aged seven, five, and a 10 hebdomad old babe who has spinal bifida. Therefore it could be said that my primary statutory concern would be, to what extent is her station natal depression set uping the attention and public assistance of her kids, and does this present any hazards that need to be identified. Risk appraisal and the direction of hazard have become dominant in all countries of societal work. Kemshall ( 1997:123 ) cited by Davies ( 1997:123 ) high spots that within societal work hazard appraisal and hazard direction have become cardinal issues and are frequently cardinal in the determinations, to allocate resources, to step in in the lives and picks of others or to restrict the autonomies of activities of clients . Risk appraisal has become a dominant discourse within societal work because societal workers are employed within a hazard society, which searches for ways to place and pull off hazard efficaciously . ( Higham 2005:182 ) However every bit stated in the codifications of pattern, societal workers should besides recognise that service users have the right to take hazards, and assist them to place and pull off possible and existent hazards to themselves and others ( GSCC 2007: 4.1 ) . Higham ( 2006:182 ) discusses how service user s strengths that are likely to decrease the predicted hazards should be assessed in maintaining with the societal work value of authorization. Pritchard ( 1996 ) cited by Davies ( 1997:124 ) discusses how service users should non be denied the chances to take hazards or exercising pick, and provinces that, risk-taking is an of import characteristic of all our lives ( Davies 1997:124 ) . However, as Thompson ( 2000 ) explains, the balance between attention and control within societal work can be hard to keep. By nearing this instance with a undertaking centred attack would as Healey ( 2005 ) explains, average focusing on enabling Ms. Evans to do little and meaningful alterations in her life, that she has recognised, acknowledged and wanted to work on. Coulshed ( 1998 ) high spots that within this attack the service user is the chief alteration agent, assisting the worker to measure what the precedences for alteration ought to be. She farther explains that because the worker is every bit accountable as the service user in transporting out agreed undertakings this lessens the sense of impotence that the service user possibly feeling. A undertaking centred attack works on a specific set of processs whereby the service user is helped to transport out problem-alleviating undertakings ( Coulshed 1998 ) . Healey ( 2005 ) explains that it consists of the pre-intervention phase, followed by four consecutive but overlapping stairss. Therefore foremost I would necessitate to understand and set up the beginning of referral ( the Health Visitor ) and negotiate with them any outlooks and positions. However as Healey ( 2005 ) provinces, by understanding the positions of the mentioning bureau does non intend that this has to be the focal point of work, as I would necessitate to work with Ms. Evans on specifying the mark jobs. Common lucidity between Ms. Evans and me would necessitate to be addressed, discoursing any bounds or boundaries, explicating confidentiality, my function, every bit good as any legal or other duties. Working in coaction with Ms. Evans I would seek to research and prioritize Ms. Evans positions of her jobs, as the service user engagement in placing the mark jobs are critical to concentrating their attempts on alteration ( Healey 2005:119 ) . Epstein and Brown ( 2002 ) cited by Healey ( 2005 ) suggest a upper limit of three mark jobs, as it is non necessary to turn to all jobs identified. Success in a few can hold a knock-on consequence for other jobs in a service user s life that may enable them to populate with these jobs or to cover with them ( Healey 2005:113 ) . However as Healey ( 2005 ) writes, although within a undertaking centred approach the service user s definitions of their jobs should predominate, in fortunes where the worker is duty edge to take a firm stand on sing certain jobs, or a opinion has been made of a possible hazard that the service user may present to themselves or others, than these issues should be clearly raised. An expressed understanding ( contract ) would necessitate to be reciprocally clarified. This would include times, location of meetings, and elaborate information on the ends of intercession, whereby the service user should be responsible for make up ones minding the order in which jobs should be addressed ( Healey 2005 ) . It should besides include any ends the societal worker has on behalf of their bureau or statutory responsibilities. For illustration when working with Ms. Evans, ends for intercession might include her wellness position to be investigated in relation to her station natal depression. Equally good as this a statement of undertakings would be listed to turn to mark jobs and to develop the service user s problem-solving accomplishments ( Healey 2005 ) . This is the cardinal purpose of undertaking centred pattern, hence we must defy any enticement to make for , instead than make with the service user ( Healey 2005:122 ) . An illustration of one undertaking could be ; Ms. Evans to derive more information on spinal bifida and so frontward this to her spouse, as she feels that he has non accepted their girl s status, and this could be a fright of the unknown. In back uping Ms. Evans in her undertaking public presentation I would promote, and assist construct on her strengths possibly through practising set undertakings with her in the signifier of function drama ( Healey 2005 ) . This would enable for any schemes necessary to be put into topographic point to assist Ms. Evans overcome any obstructions that she may experience could impede the completion of a certain undertaking. Undertaking centred pattern is a systematic procedure, hence throughout my work with Ms. Evans I would necessitate to regularly reappraisal performed undertakings in order to admit any addition made, every bit good as reference any undertakings that have non been performed. This would give me the chance to turn to any issues with Ms. Evans and to research ways if deemed necessary to revise our contract. Finally built-in to the undertaking centred construction is the demand for a well planned expiration. Healey ( 2005:124 ) writes that a clear and looming deadline is critical for concentrating worker and service user attempts on alteration . Within the expiration meeting I would reexamine with Ms, Evans the overall advancement of our work, and how in the hereafter she might keep any advancement that has been made ( Healey 2005 ) . Healey ( 2005 ) explains that a undertaking centred model provides a shell in which other theoretical positions can be incorporated. Integrating a strengths position would, like undertaking centred pattern focal point on, constructing a service user s capacity to assist themselves and to promote a common acquisition partnership between workers and service user s , ( Healey 2005:158 ) maintaining within the societal work values of authorization, regard and service user self-government. Harmonizing to Healey ( 2005 ) the strengths position dressed ores on enabling service users and communities to work towards their hereafter hopes and dreams, instead than looking at past or present jobs. Saleeby ( 1997:4 ) cited by Healey ( 2005:152 ) provinces that the strengths perspective expression is straightforward, where workers are required to mobilise service users strengths in order to enable them to accomplish their ends and aims, which would take to the service user holding a better quality of life on their footings ( Healey 2005:152 ) . Some of the cardinal premises of the strengths position are, all people have strengths, capacities and resources , and people by and large demonstrate resiliency, instead than pathology when confronting inauspicious life events. ( Healey 2005:157 ) . Healey ( 2005 ) discusses the pattern rules and how the societal worker should follow a positive and optimistic attitude towards service users, working in partnership with them so solutions to jobs are developed collaboratively. Healey ( 2005:162 ) farther states that the formation of a good working partnership can increase the resources available to work out the job at manus . Therefore when working with Ms. Evans I would concentrate on listening to her narrative, placing her capacities, strengths, and resourcefulness which could lend to positive alterations. I would clear up any strengths with her as Healey ( 2005:162 ) explains, service users can grow when others peculiarly helpers actively affirm and back up their capacity to make so . My function as the societal worker would be to ease Ms. Evans capacity to admit, and utilize existing strengths and resources which would enable her to develop new 1s. These strengths could be for illustration ; the accomplishments she has developed from rearing, most of which due to her spouse being in the Navy she may hold done independently. Ms. Evans defines herself as Asiatic and that Islam is of import to her, hence, another strength could be that of adaptability, and holding the interior strength to research new experiences, as she may hold moved from an Asian community to be with her spouse in the naval married quarters. Harmonizing to Saleeby ( 1996 ) cited by Healey ( 2005:164 ) belonging to a community is the first measure towards authorization . Therefore by working towards societal justness rules I would research with Ms. Evans what formal and informal aid was available to her within the community. For illustration, a female parent and yearling group, which would enable her to go portion of the community that she feels she has non been accepted into. Healey ( 2005:164 ) explains community support can construct and pull on the capacities of service users to assist themselves and to assist others . I would besides discourse with her the aid she is already having in relation to her babe and her diagnosing of spinal bifida, which could intend the household are entitled to both fiscal and practical aid. This could include a household support carer to give some reprieve, which would let Ms. Evans some clip to prosecute her ain involvements, such as her faith. Further to this I would necessitate to recognize any strengths and assets within Ms. Evans societal webs, such as people she may experience can be supportive, possibly discoursing with her possible personal support from household and friends ( Healey 2005 ) . In decision this assignment has discussed the issues of power and how societal workers need to be sensitive to and recognize power instabilities. .Following this, hazard discourse has been explained, every bit good as a undertaking centred attack to the instance survey. Finally the strengths position was incorporated which focuses on the capacities and potencies of the service user.
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