Wednesday, March 18, 2020
Scientific Management Essay Example
Scientific Management Essay Example Scientific Management Essay Scientific Management Essay The chosen article that will be explored through this essay, by Locke, Edwin A. (1982) The Ideas of Frederick W. Taylor: An Evaluation. Academy of Management Review, 7(1). This main source believes that Taylor was the Founding father of Scientific Management, being his key principle, featuring the one best way. However in order to understand the reasoning and logic behind Taylors principles, one must understand the context of the time to make informed decision of the validity of the principles.Fifty percent of the sources believe that Taylorââ¬â¢s principles have transcended through time, forming the basis for modern day contemporary organizations, such as IBM. However the other half of the sources believe that Taylorââ¬â¢s principles have been a detriment to society, which have dehumanized the workforce, creating men as machines, believing that this has established the elements of todayââ¬â¢s bureaucratic society. In The Ideas of Frederick. W.Taylor: An evaluation, there ar e various key themes and principles evident which have provided the foundations for some contemporary styles of management. The author suggests that Taylors concept of scientific management can be likened to the works of Thomas Edison. Scientific Management is Taylors most widely recognized principle. Taylor believed in a scientific approach toward managerial decisions making. That managerial decisions should be based upon proven fact rather than on tradition This principle proved to be most effective when selecting workmen and the time taken to complete a task, through scientific selection and time and motion studies, the man most suited to a particular type of work will be chosen, who is able to complete the work within a specific time frame through the one best way. Taylor believed in the standardization of tools and procedures becoming cohesive, allowing for effective and efficient work time, with adequate rest and pause breaks and shorter working hours.To motivate the worker Ta ylor assigned a realistic, quality amount of a job, on the basis of time study, which he deemed a task, which is the long term equivalent to the word goal. He believed that if management was to provide monetary incentives (the money bonus) and the worker achieved their goal, then there would be efficient productivity. However the key to efficiency was for management to provide feedback on the work being done. Along with this, a main objective of Taylors was to have positive working relations etween management and workers by understanding social factors, to achieve this, management would take responsibility for their new employees by training them properly which would eliminate confusion of standards and process and supporting the elimination of systematic soldiering. It is evident that Taylors main objective was to forge a mental revolution of knowledge and communication between manager and employee. In order to see the viewpoint of the sources, one must understand the context of th e time, where the working class man became of importance due to the boom of the industrial age, which created a middle class of society.Also the impending First World War would create need for consistency and efficiency. Due to the progression of the development of the machines, man needed to find a solution to compete in the global market, to increase workers efficiency so revenue would not become obsolete. Taylorââ¬â¢s principles, in theory, created the solution at the time. This is clear, as the ââ¬Ëwage earner in the railroads car repair shops was only $163 compared to $283 in the shops of commercial car builders such as Pullmanââ¬â¢ (Aldrich, 2010, p. 504 ) stressing a need to be competitive in the financial market.The implementations of Taylorââ¬â¢s principles of the incentive system and time study, costs in the shops were reduced 13-15%, with the worker earning a bonus if he was ââ¬Ëat least 80% efficientââ¬â¢ (Aldrich, 2010, p. 507). A critique of this, it caused hostility in the worker, which resulted from the incentive system and as the ââ¬ËTaylorites viewed unions as interferenceââ¬â¢ (Aldrich, 2010, p. 507). This disagrees with the main source as Taylor did not oppose unions; he felt them unnecessary, as the proper implementation of his principles should result in effective manager-worker relations.Fifty percent of the sources accept that the concepts of Scientific Management, which Taylor wrote of, formulated the management style in the early 1900ââ¬â¢s and subsequently elements of some contemporary organizations, such as IBM. All agree that Taylor was the ââ¬ËFounding Fatherââ¬â¢ of scientific management and produced some of the most influential principles, featuring the ââ¬ËOne best wayââ¬â¢, where the most efficient method of work would be adopted to all employees. Some of Taylors Scientific Management principles can be seen in IBM, first and foremost IBM believes in making informed decisions hrough knowle dge, in order to generate growth ââ¬â scientific management. In the past IBM has spent twenty-five million on employee benefits, allowing security- incentive system. IBM expects ââ¬Ëa return on investment from IBM familiesââ¬â¢ (Mason, 1991, p. 10). Through this they are able to measure ââ¬Ëemployee productivityââ¬â¢, which can be seen as a very modern and skewed notion of the time and motion studies, which Taylor would have measured the output of his employees. However at IBM ââ¬Ëafter 3 three years benefits are cut up to 75% and employees are no longer guaranteed full employmentââ¬â¢ (Mason, 1991, p. 2). The first few concepts of IBM agree with the main article, however the last concept disagrees as Taylors incentive scheme would reduce the wage of a worker if they were not efficient, not dependant on the number of years an employee worked. Another critique of Taylorââ¬â¢s Scientific Management Principles was the mechanization of humans into machines, crea ting a lack of creativity within the employee, separating ââ¬Ëbrain from muscleââ¬â¢ (Maqbool, Zakariya, Paracha, 2011, p. 46). Taylorââ¬â¢s intention with Scientific management was to improve the working relations between manager and employee, believing that systematic soldiering could be stopped by good management, however Maqbool, Zakariya, Paracha believe that Taylor was naive in his understanding of employees, that the worker craved more than money and personal interrelations within the workforce, to be treated as individuals, not as machinery ââ¬â this especially became evident after the war.This is clear in the study done by French and Coch in a pajama factory, where management had supposedly implemented the Scientific Management principles, money incentive and feedback system though the employees had little motivation and very low self esteem, due to the changing nature of their jobs. They found that employees felt satisfied when they were included in the decis ion making process and when management explained the changes, leading to job security. This both agrees and disagrees with the main source. It agrees, as that Taylor knew if his principles were not fully implemented, than it would not work.Though it could be said that Taylor was naive in the sense that he did not account that as the pie got bigger, so too would peopleââ¬â¢s ambitions. This disagrees, believing that Taylor did not dehumanize the workforce, just increased the efficiency of the worker through positive working relations. In conclusion it is clear that there is a distinct difference of opinion on Taylorââ¬â¢s principles. Fifty percent of the sources believe that scientific management became the fundamental concept of the early 1900ââ¬â¢s due to the changing social and financial context of the time.That he was able to increase productivity efficiency with a reduction of costs, alongside positive working relations between manager and worker. Through this point of view it is clear that these principles transcend through time into a contemporary organisation, such as IBM However the remainder of the sources believes that Taylor dehumanized the workforce, focusing on efficiency and neglecting the basic needs of the worker, believing that the elements of Taylorââ¬â¢s principles have created a negative impact on society, bureaucracy.This view point accepts that Taylor ultimately created men as machines, ââ¬Ëseparating brain from muscleââ¬â¢ (Maqbool, Zakariya, Paracha, 2011, p. 846). References Aldrich, Mark. (2010). On the Track of Efficiency: Scientific Management Comes to Railroad Shops, 1900-1930. Business History Review, 84(3), 504-507. Bartlem, Carleton S. , Locke, Edwin A. (1981). The Coch and French Study: A critique and Reinterpretation. Business Source Complete, 34(7). Blake, Anne M. Moseley, James L. (2010). One Hundred Years After The Principles Of Scientific Management: Frederick Taylors Life And Impact On The Field Of Hum an Performance Technology. Performance Improvement, 49(4). Kidwell Jr, Ronald E. , Scherer, Philip M. (2001). Layoffs and Their Ethical Implications under Scientific Management, Quality Management and Open-Book Management. Journal of Business Ethics, 29(1/2). Locke, Edwin A. (19820. The Ideas of Frederick W. Taylor: An Evaluation.Academy of Management Review, 7(1). Latham, Gary P. , Timothy, P, Steele. The Motivational Effects of Participation Versus Goal Setting on Performance. Academy of Management Journal, 26(3). Maqbool, Mugheera. , Zakariya, Ahmad. , Paracha Naveed, Ahmer. (2011). A critique on Scientific Management. Interdisciplinary Journal of Contemporary Research in Business, 3(4), 846. Mason Cohen, Julie. (1991). IBM at the Crossroads. Management review, 80(9), 10-12. Myers, A. Lewis, Jr. (2011).One Hundred Years Later: What Would Frederick W. Taylor Say?. International Journal of Business and Social Science, 2(20) Ratnayake, Chandima R. M. (2009). Evolution of Scientif ic Management Towards Performance Measurement and Managing Systems for Sustainable Performance in Industrial Assets: Philosophical Point of View. Journal of Technology Management Innovation, 4(1). Zimmerman, Kent D. (1978). Participative Management: A Reexamination of the Classics. Academy of Management Review, 3(4).
Sunday, March 1, 2020
Catherine of Aragon - Early Life and First Marriage
Catherine of Aragon - Early Life and First Marriage Catherine of Aragon, whose parents united Castile and Aragon with their marriage, was promised in marriage to the son of Henry VII of England, in order to promote the alliance between the Spanish and English rulers. Dates: December 16, 1485 - January 7, 1536Also Known as: Katharine of Aragon, Catherine of Aragon, CatalinaSee: more Catherine of Aragon Facts Catherine of Aragon Biography Catherine of Aragons role in history was, first, as a marriage partner to strengthen the alliance of England and Spain (Castile and Aragon), and later, as the center of Henry VIIIs struggle for an annulment that would permit him to remarry and try for a male heir to the English throne for the Tudor dynasty. She was not simply a pawn in the latter, but her stubbornness in fighting for her marriage and her daughters right to inherit were key in how that struggle ended, with Henry VIII separating the Church of England from the Church of Romes authority. Catherine of Aragon Family Background Catherine of Aragon was the fifth child of Isabella I of Castile and Ferdinand of Aragon. She was born in Alcal de Henares. Catherine was likely named for her mothers grandmother, Katherine of Lancaster, the daughter of Constance of Castile who was second wife of John of Gaunt, himself son of Englands Edward III. Constance and Johns daughter, Catherine of Lancaster, married Henry III of Castile and was the mother of John II of Castile, Isabellas father. Constance of Castile was the daughter of Peter (Pedro) of Castile, known as Peter the Cruel, who was overthrown by his brother Henry (Enrique) II. John of Gaunt tried to claim the throne of Castile on the basis of his wife Constances descent from Peter. Catherines father Ferdinand was the great-grandson of Philippa of Lancaster, the daughter of John of Gaunt and his first wife, Blanche of Lancaster. Philippas brother was Henry IV of England. Thus, Catherine of Aragon had considerable English royal heritage herself. Her parents were also both part of the House of Trastmara, a dynasty that ruled kingdoms in the Iberian peninsula from 1369 to 1516, descended from King Henry (Enrique) II of Castile who overthrew his brother, Peter, in 1369, part of the War of the Spanish Succession the same Peter who was the father of Isabellas grandmother Constance of Castile, and the same Henry John of Gaunt tried to overthrow. Catherine of Aragon Childhood and Education: In her early years, Catherine traveled extensively within Spain with her parents as they fought their war to remove the Muslims from Granada. Because Isabella regretted the lack of her own educational preparation when she became a ruling queen, she educated her daughters well, preparing them for their likely roles as queens. So Catherine had an extensive education, with many European humanists as her teachers. Among the tutors who educated Isabella, and then her daughters, was Beatriz Galindo. Catherine spoke Spanish, Latin, French and English, and was well-read in philosophy and theology. Alliance with England Through Marriage Catherine was born in 1485, the same year Henry VII seized the crown of England as the first Tudor monarch. Arguably, Catherines own royal descent was more legitimate than Henrys, who was descended from their common ancestor John of Gaunt through the children of Katherine Swynford, his third wife, who were born before their marriage and later legitimized but declared ineligible for the throne. In 1486, Henrys first son, Arthur was born. Henry VII sought powerful connections for his children through marriage; so did Isabella and Ferdinand. Ferdinand and Isabella first sent diplomats to England to negotiate Catherines marriage to Arthur in 1487. The next year, Henry VII agreed to the marriage, and a formal agreement including dowry specifications was drwan up. Ferdinand and Isabella were to pay the dowry in two parts, one when Catherine arrived in England (traveling at her parents expense), and the other after the wedding ceremony. Even at this point, there were some differences between the two families over the terms of the contract, each wanting the other to pay more than that other family wanted to pay. Henrys early recognition of the unification of Castile and Aragon in the Treaty of Medina del Campo in 1489 was important to Isabella and Ferdinand; this treaty also aligned the Spanish with England rather than France. In this treaty, the marriage of Arthur and Catherine was further defined. Catherine and Arthur were far too young to actually marry at that time. Challenge to Tudor Legitimacy Between 1491 and 1499, Henry VII also had to contend with a challenge to his legitimacy when a man asserted himself to be Richard, duke of York, son of Edward IV (and brother of Henry VIIs wife Elizabeth of York). Richard and his older brother had been confined to the Tower of London when their uncle, Richard III, seized the crown from their father, Edward IV, and they were not seen again. Its generally agreed that either Richard III or Henry IV had them killed. If one had been alive, hed have a greater legitimate claim to the English throne than Henry VII did. Margaret of York (Margaret of Burgundy) another of the children of Edward IV had opposed Henry VII as a usurper, and she was drawn into supporting this man who claimed to be her nephew, Richard. Ferdinand and Isabella supported Henry VII and their future son-in-laws inheritance by helping to expose the pretenders Flemish origins. The pretender, whom the Tudor supporters called Perkin Warbeck, was finally seized and executed by Henry VII in 1499. More Treaties and Conflict Over the Marriage Ferdinand and Isabella began secretly exploring marrying Catherine to James IV of Scotland. In 1497, the marriage agreement between the Spanish and English was amended and treaties of marriage were signed in England. Catherine was to be sent to England only when Arthur turned fourteen. In 1499, the first proxy wedding of Arthur and Catherine was held in Worcestershire. The marriage required a papal dispensation because Arthur was younger than the age of consent. The next year, there was new conflict over the terms and especially over payment of the dowry and Catherines arrival date in England. It was in Henrys interest for her to arrive earlier rather than later, as payment of the first half of the dowry was contingent on her arrival. Another proxy wedding was held in 1500 in Ludlow, England. Catherine and Arthur Marry Finally, Catherine embarked for England, and arrived in Plymouth on October 5, 1501. Her arrival took the English by surprise, apparently, as Henrys steward did not receive Catherine until October 7. Catherine and her large accompanying party began their progress towards London. On November 4, Henry VII and Arthur met the Spanish entourage, Henry famously insisting on seeing his future daughter-in-law even if in her bed. Catherine and household arrived in London on November 12, and Arthur and Catherine were married at St. Pauls on November 14. A week of feasts and other celebrations followed. Catherine was given the titles of Princess of Wales, Duchess of Cornwall and Countess of Chester. As prince of Wales, Arthur was being sent to Ludlow with his own separate royal household. The Spanish advisors and diplomats argued whether Catherine should accompany him and whether she was old enough for marital relations yet; the ambassador wanted her to delay going to Ludlow, and her priest disagreed. Henry VIIs wish that she accompany Arthur prevailed, and they both left for Ludlow on December 21. There, they both became ill with the sweating sickness. Arthur died on April 2, 1502; Catherine recovered from her serious bout with the illness to find herself a widow. Next: Catherine of Aragon: Marriage to Henry VIII About Catherine of Aragon: Catherine of Aragon Facts | Early Life and First Marriage | Marriage to Henry VIII | The Kings Great Matter | Catherine of Aragon Books | Mary I | Anne Boleyn | Women in the Tudor Dynasty
Friday, February 14, 2020
Computer Networking Research Paper Example | Topics and Well Written Essays - 1250 words
Computer Networking - Research Paper Example The discussion further analyses the importance of backup as an operation security strategy that helps avail the data stored in the database in case of an external damage. Security is one of the most fundamental factors in the installation and maintenance of a computer network. This follows the understanding that the information shared on such computer networks is a key asset to the institutions that develop the information system. Computer networks refer to telecommunication networks that permit computers and other similar media to transfer data thus enabling communication. The interconnection of computers among other appliances such as telephones, fax machines and printers thus creates an information network that facilitates communication either within the organization or on a larger context with third parties outside the organization. The integrity of the data flowing within the information system relies on the security features employed by the information technology department in the organization (Wood, 2010). Security of a computer network requires the incorporation of various technologies as essay below elaborates. Among the various security features used in a network is end-to-end encryption, which is arguably the most effective security tool. While not often considered a security feature, end-to-end encryption is a paradigm that permits data protection through a series of encoding and decoding through appropriate platforms only. This allows for selective access to the information communicated through the network thus maintaining a degree of integrity in the entire communication process. The party that originates the data encrypts to an appropriate format conveyable through the network while the receiving party decrypts the data thereby obtaining the intended message. The process is simple but requires an effective utilization of appropriate resources in order to maintain the fidelity of the data communicated in any network. Furthermore, while end-to-end
Saturday, February 1, 2020
Doing business in India Research Paper Example | Topics and Well Written Essays - 1000 words
Doing business in India - Research Paper Example This view is changing rapidly due to the countriesââ¬â¢ potential future. It is deemed that in the near future India will have the worldââ¬â¢s largest market for goods, services, and development of infrastructure (Padmanand & Jain, 2000). Indiaââ¬â¢s fast economic growth is due to its ready domestic market in the agricultural and service industry and its appealing demographic trend. The Indian government is also taking measures open up the country to foreign investment (Manian, 2007). The Indian Market The major barrier in penetrating the Indian economic barrier is cultural disparity. The chances of success are improved by understanding the influence of Hinduism and the Indians cultural norms. It is fundamental that investors study some of the cultural facts because such facts influence business in India. Indiaââ¬â¢s official language is Hindu though the international language for commerce is English. Investors also need to understand that India is a hierarchical country (Bose, 2009). The legacy of the caste system influences attitudes towards business. The boss has the final word and cannot be questioned whether his instructions are correct or not. He cannot also been seen doing menial jobs such as making his own coffee or arranging chairs in a boardroom. His instructions are followed to the latter and micro- management works. This approach makes it necessary for potential investors to liaise with individuals with a final say over decision-making. Investors should not overlook the importance of etiquette in India. Using a Namaste handshake is a sign that one understands the Indian culture. During the first meeting, business cards are exchanged. It is advisable to have it translated to Hindi. Enhancing relationships is imperative because negotiations can be slow if trust is not established. Understanding cross-cultural divergences is a bonus in doing business in India (Business standard India 2010). The business law in India offers employees several protections. Foreign employees are required to present visas and Amaritt for such protection (Millar, 2006). Attorneys in India are allowed to practice across the states and most of the legal regulations are consistent across states. Most court cases drag for decades (Makar, 2008). Additionally, arbitration is preferred in solving disputes. The judicial system in India is poorly institutionalized and highly corrupt. Judicial procedures are expensive and influenced by politics. There is a high deficient in protection of property rights. The cost of licensing is very expensive and starting a business can take up to one month. The main source of employment in India is the unskilled informal sector, which is inefficient. The government controls pricing of commodities and this has seen the weakening of the rupee. Foreign participation in Indiaââ¬â¢s economy is impeded by the dominance of the government in the financial sector. The government has also stripped down the citizensââ¬â ¢ right in purchasing from low cost multinational stores. Excessive regulation by the Indian government has impeded economic growth (Manian, 2007). Indiaââ¬â¢s economy after independence was the ââ¬Å"socialist mixed modelâ⬠the government controlled both the private and public sectors output, prices and licensing (Schmidt, 1991). Suppliers are unable to benefit from monopolies as tariffs for electricity consumption are fixed. The BIS: Bureau of Indian Standards set quality standards for products for consumer protection. In 1895,
Friday, January 24, 2020
Democratic Outlaws :: essays research papers fc
DEMOCRATIC OUTLAWS ? à à à à à Pirates, the outlaws of the sea. If like me, the first idea that comes to mind regarding pirates is a group of raiding and plundering individuals. This is due to todayââ¬â¢s society glamorizing the pirates as fascinating characters. Historically, not much written information has been left behind. The pirates did not leave ship logs or accounts of plunders, because it could be used to incriminate them. Society today has invented the pirates to fit a romantic mold. Therefore, we grew up thinking of treasure hunts, sea battles, sword fights and plank walkers, when in actuality the pirates of old were loathed by society. During the Golden Age of Piracy, during the 17th and 18th centuries, pirates were regarded as common criminals of the seas without thought to democracy/justice or civility. In short, the pirates had no decency. However, is there some truth to the glamorized legends? Could the legendary characters have upheld the same ideals? In the course of the semester, we have learned some of the truths behind the glamorized pirate facade. Throughout life I have seen that good is more often than not overshadowed by bad. I decided to give these characters the benefit of the doubt and do some investigating. In this essay, I will attempt to prove that human decency among the pirates could have existed. à à à à à Civility is one trait rarely associated with pirates. Why should civility be associated as a trait of pirates? After all, pirates raid, plunder, steal, rape, drink and swear. Civilized people do not participate in lowly, unlawful behavior. Pirates were know to be excessive drunks, ruthless killers, indulgers of women and unruly individuals. In defense of pirate civility, I must point out a few examples. Lord Byronââ¬â¢s ââ¬Å"The Corsairâ⬠is an excellent example of pirate decency. Conrad, Byronââ¬â¢s hero and captain of a pirate crew, shows remarkable civility for a pirate. While ââ¬Å"The Corsairâ⬠is a fictional work, many of the pirate tales, as in other fictional works, derive from actual occurrences. While Conradââ¬â¢s crew is toasting spirts and carousing about, he remains composed. ââ¬Å"Neââ¬â¢er for his lip the purplng cup they fill, That goblet passes him untasted still . . . But while he shuns the grosser joys of sense, His mind seems nourished by that abstinenceâ⬠(Byron 152). Conrad does not overindulge and does not become unruly. Conrad does not kill unnecessarily and when forced to kill, it is in defense. Conrad does not ravage women. He is married but loves only one. à à à à à Jean Lafitte is a factual example of civility.
Thursday, January 16, 2020
Persuasive Memorandum Essay
Under Armour has established itself as a highly successful sports wear brand, the reason for its success is the fact that products manufactured by U.A are designed with full understanding of an athleteââ¬â¢s needs. The U.Aââ¬â¢s branded store at Annapolis appears to be highly popular among sports enthusiasts as it offers them a unique opportunity to experience the entire range of U.Aââ¬â¢s products 2 The sales associates at the Annapolis store are a highly knowledgeable team, and possess an in-depth knowledge of U.Aââ¬â¢s extensive product line. Presently our sales associates are highly capable of assisting customers in choosing the right product for an intended purpose, however there is a need to retrain our sales team so that in addition to addressing the customers intended purpose, they can determine the customers physical condition or body type and recommend a product that ideally suits the customer. Why does U.A need to retrain its Sales Associates? No two individuals can ever be same so a product that suits one personââ¬â¢s body type may not necessarily suite the others body type. For instance when a customer asks for a pair running shoe, our sales associates will be capable of showing them the complete range of running shoes, and then let the customer take his pick. In order to guarantee customer satisfaction it is essential to determine the customers foot type, whether he/she has a supinator, pronator or neutral arched foot 3. This knowledge will help the sales associate to recommend a shoe that is most likely to provide optimal fit and maximize performance. In the same way other products such as inner wear need to confirm to the wearerââ¬â¢s physical condition in order to ensure an optimal fit and comfort, hence a retraining programme is required to develop these skills among our sales associates. Advantages of the retraining programme The retraining programme will add value to the Under Armour brand, people will begin to identify the brand as one that truly assists athletes in achieving superior performance. Customer satisfaction levels may increase, because when customers are given a product that suits both their need and their body type, there is seldom room for complaints. The retraining programme will make the sales associate more confident and help them to increase their knowledge base, and learn more about newly introduced product categories such as footwear which was launched in April 2006 4. The concept of providing high level technical assistance to buyers will serve as an addition to the companyââ¬â¢s U.S.Pââ¬â¢s (Unique Selling Points), this may lead to increase in companyââ¬â¢s retail sales. Major Concerns related to the retraining programme A primary concern related to the retraining programme is that, it will effect the operations across several departments. Revision and up gradation of the existing product training programme will require collaborated effort from product design department and the training department hence this may effect normal operations of the product design department, however the advantages of the retraining programme will far outweigh minor inconveniences that shall be encountered in the process of implementing this idea. Concerns about the training programme hampering the store operations can be taken care of by dividing the sales associates into maximum number of small batches, this will ensure that sufficient staff is available at the store while each batch in turn undergoes intensive product training. It is hoped that the retraining programme will help in creation of a highly skilled sales force capable of providing the customers with a unique shopping experience.
Wednesday, January 8, 2020
Introduction to Law - Free Essay Example
Sample details Pages: 7 Words: 2047 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? 2.2Privet Law Public law controls public bodies acting in a public capacity. Sometimes it is obvious what is a public body, for example a local authority or a government department 2.1.1Law of Constitutional Constitutions may be à ¢Ã¢â ¬ÃÅ"writtenà ¢Ã¢â ¬Ã¢â ¢ or à ¢Ã¢â ¬ÃÅ"unwrittenà ¢Ã¢â ¬Ã¢â ¢, and unlike the majority of states, the British constitution is largely unwritten and uncondified. Allied to their written or unwritten character, constitutions may also be classified as rigid or flexible. A rigid constitution is one in which amendment is very difficult, requiring special procedures to be employed before any changes can be made. By contrast, the British constitution is essentially flexible. Parliament à ¢Ã¢â ¬Ã¢â¬Å" the supreme law-making body within the United Kingdom may theoretically alter the constitution at will, although in practical terms this can only be done with the support of the people. Where constitutions were devised by their founders as a complete statement of arrangements for the future, it will generally be difficult to amend them. For example, in the USA, the constitution of 1787 requires that for any amendment, the proposal must have been made by a two-thirds majority vote in both houses of Congress (the Senate and the House of Representatives) and also approved by a three-quarters majority of all the State legislatures. For this reason it is particularly difficult to amend a written constitution: it is à ¢Ã¢â ¬ÃÅ"rigidà ¢Ã¢â ¬Ã¢â ¢, rather than à ¢Ã¢â ¬ÃÅ"flexibleà ¢Ã¢â ¬Ã¢â ¢ in nature. (Lecture notes, University of London) Donââ¬â¢t waste time! Our writers will create an original "Introduction to Law" essay for you Create order 2.1.2 Law of Administrative Public or Administrative Law deals with complaints mechanisms and legal mechanisms designed to regulate the relationships between citizens and state organisations carrying out government business that directly affects the interests of the individual. The principal areas discussed below are Judicial Review and the various Commissioners such as The Parliamentary Commissioner for England and Wales and the Equal Opportunities Commissioners. During the past century, there have been an ever-increasing number of administrative tribunals, making decisions in specialised fields à ¢Ã¢â ¬Ã¢â¬Å" such as immigration, tax, social security, pensions and education. Administrative Tribunals are established by an Act of Parliament, which regulates their function and jurisdiction. In broad terms, they are concerned with the legality of the exercise of governmental power in defined fields. Government has allocated to administrative tribunals the task of determining a large number of disputes .(McCloskey,2010) 2.1.3Law of Criminal Crimes are characterised, and are distinguished from other acts or omissions which may give rise to legal proceedings, by the prospect of state punishment. It is this latter feature which distinguishes the criminal law from the civil law and other methods of social control such as community morality. The formal threshold at which the criminal law intervenes is when the conduct in question has a sufficiently deleterious social impact to justify the state, rather than any individual affected, taking on the mantle of the injured party. In a sense, then, the rules of criminal law are contingent. The contingency may be the enduring and universal need to ensure that human beings treat each other as human beings rather than as objects. Or, from another perspective, it may be to secure the continuity of existing patterns of power. Often, however, the contingency is nothing more than historical accident, owing little to enduring themes of human depravity or class and much more to politic al expediency. (R. Cross, Reports of the Criminal Law Commissioners, in P. Glaze brook) 2.2Privet Law Private law is a pervasive phenomenon of our social life, a silent but ubiquitous participant in our most common transactions. It regulates the property we own and use, the injuries we inflict or avoid inflicting contracts we make or break. It is the public repository of our most deeply embedded intuitions about justice and personal responsibility. Private law is also among the first subjects that prospective lawyers study. Its position in law school curricula indicates the consensus of law teachers that private law is the most elementary manifestation of law, its reasoning paradigmatic of legal thinking, and its concepts presupposed in more complex forms of legal organization. Consequently, an inquiry into how we are to understand private law opens onto the broadest vistas of legal theory and practice. At issue are the nature of legal justification, the limits of the judicial role and judicial competence, the difference between private law and other kinds of legal ordering, the relationship of juridical to ethical considerations, and the viability of our most basic legal arrangements. (The Idea of Privet Law by Earnest J.Weinrib, 2012, Oxford Press) 2.2.1Law of Contract A Contract is a legally binding agreement. That is an agreement which will be enforced by the courts. Sir William Anson, in his Principles of the Law of Contract defined a contract as à ¢Ã¢â ¬Ã
âLegally binding agreement made between two or more persons, by whom rights are acquired by one or more to acts or forbearances on the part of the other or othersà ¢Ã¢â ¬Ã More domestics or social agreements are not usually intended to be binding, and therefore are not contracts. Ex: A promise by a husband keeping allowance to his wife does not create a contract.(Balfour v Balfour 1919) When making a contract there are few things must be prove those are Offer Acceptance Intension Contractual Capacity Voluble Consideration Cannot Force It must be obey the public law Offer An offer may be oral, written, or implied from conduct. An implied offer is made by a bus company when it sends its buses along the street and steps them at fixed places to let people get on. An offer may be specific to a particular person or group, or general. A specific offer can normally be accepted only by the person to whom it was made. A general offer can be accepted by anyone and usually without prior notification of acceptance. The offer must be communicated to the offeree before it can be accepted. Thous, if a seaman helps to navigate a ship home without informing the owners in advance he cannot insist on payment, since the owners have not had notice of his offer, and therefore no opportunity to accept or reject it.(Taylor vs Laird 1856) Acceptance Acceptance may be oral, written or implied from conduct. But if a particular manner of acceptance is required the offered must accept in that manner. Elison v Henshaw (1819). Acceptance must be unqualifie d and must correspond in every detail with the terms of the offer. A counter offer or conditional acceptance operates as a rejection of the offer and causes it to lapse. Thus, Where a house is offered for sale at 1000Ãâà £ and the offeree offers Ãâà £950 the offer lapses.(Hyde v Wrench,1849) Similarly a conditional acceptance subject to a formal contract being drawn up causes lapse of offer. There must be active acceptance more passive intension to accept is ineffective. Thus, an offered by letters counting the words. à ¢Ã¢â ¬Ã
âIf I hear no more, I shall consider the horse is mineà ¢Ã¢â ¬Ã is incapable on its own of constituting its own acceptance. There must be some positive act by the offeree (Felthuses v Bindley, 1862) Intension A binding contract is usually in the nature of a commercial bargain, involving some exchange of goods or services for a price. But even such a bargain will not be legally binding if the practise do not intend it to be so , Ex : do not intend to create legal relations. Thus, if a written commercial agreement describes itself merely as an à ¢Ã¢â ¬Ã
âhonourable pledgeà ¢Ã¢â ¬Ã and states expressly that it is not à ¢Ã¢â ¬Ã
âto be subject to the jurisdiction of any courtà ¢Ã¢â ¬Ã it is clear that the parties do not intend to create legal relations and the agreement is not a contract.(Rose Frank v Crompton Bros,1923) Contractual Capacity The legal capability to form a binding contract. A number of classes of people lack contractual capacity, and these include minors, the mentally challenged, those under the influence of an intoxicating substance and incarcerated convicts. (https://www.businessdictionary.com/definition/contractual capacity.html#ixzz3RJ7ty13a, 2013) Voluble Consideration The courts will not enforce a simple contract unless it is supported by valuable consideration, which is therefore an essential element of most contracts. It has been defined as à ¢Ã¢â ¬Ã
âThe price for which a promise is boughtà ¢Ã¢â ¬Ã à ¢Ã¢â ¬Ã¢â¬Å" Sir Fredrick Pollock Consideration itself means à ¢Ã¢â ¬Ã
âSome right interest, Profit or benefit accruing to one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the otherà ¢Ã¢â ¬Ã Currie v Misa (1875) Consideration therefore means the element of exchange in a bargain and in order to satisfy the requirement of English la it must be voluble Ex: Something which is capable of being valued in terms of money or moneyà ¢Ã¢â ¬Ã¢â ¢s worth however slight. And Contract should be obey the public law and offeree cannot force to other party to accept the contact. 2.2.2Law of Tort The Norman French word à ¢Ã¢â ¬Ã
âtortà ¢Ã¢â ¬Ã means simply a wrong. In England law it is used to denote wrongs committed by one citizen against another, serious enough to merit the word of compensation to the injured person, but not serious enough to amount to breaches of the criminal law. The law of torts is therefore concerned with civil liability as distinct from criminal liability. Early English law like most primitive systems made no distinctions between crimes and civil liabilities. Certain acts were regarded as wrong and were punished by the local community of which the offender was a member. Later as the central government grew stronger the Norman kings set up Royal courts which took over the punishment of the more serious offences against law and order, these more serious offence came to be called crimes. Less serious offences were still only punishable by local courts at the suit of the person injured. During the later middle Ages, The Royal, or Comm on Law, courts took over the jurisdiction of these local courts but adopted the principles that such lesser offence, called à ¢Ã¢â ¬Ã
âtortsà ¢Ã¢â ¬Ã should be punishable only at the suit of the injured party. Distinction between Crime and Tort Series wrongs are called crimes and are punished by the state. Lesser wrongs are called torts and are not punished by the state. Instead compensation in the form of damages is awarded to the injured party, after the offender has been sued by the person he has injured. The damages awarded by the court are paid by the offender to the injured person Scope of Torts Civil Liability The law of torts is sometimes called the law of civil liability. It covers most cases of injury, falling short of crime and not arising from breaches of contract or of trust. Trespass to the Person Assault: an attempt or threat to apply force to the person of another, whereby he is put in reasonable fear of parent violence Battery: means touching another however slightly, directly or with a missile woth hostile intent and against his will. False Imprisonment: an unauthorized total deprivation of the freedom of another, with or without his knowledge. Trespass land Trespass land means without lawful justification entering or remaining on land in the possession of the plaintiff, or depositing any material object thereon. Nuisance Trespass lies for direct injuries to person or property and is generally actionable. Nuisance lies for indirect injures. (a) Public Nuisance: An unlawful act or omission which endangers, inconveniences, or damages the public in the law exercise of rights common to all. As well asa a tort. An individual can sue for the tort of public nuisance only if he can show he has suffered some damage beyond that suffered by the public as a whole. (b) Privet Nuisance : Some unjustifiable use of oneà ¢Ã¢â ¬Ã¢â ¢s own property which causes damage to the property of another, or some unauthorized interference with anotherà ¢Ã¢â ¬Ã¢â ¢s enjoyment of his property causing damage. Negligence In Law negligence can mean merely a state of mind in which certain torts can be committed. a separate tort developed since the beginning of the 19th century The tort of negligence means breach by the defendant of a legal duty of care, which causes damage to the plaintiff. Negligence is the widest and most rapidly expanding tort today Strict Liability In some cases the law imposes strict limits on a manà ¢Ã¢â ¬Ã¢â ¢s freedom of conduct and if he exceeds those limits he does so at his own peril. If his action results in any damages to another the defendant is absolutely liable, irrespective of any fault or negligence on his part. .
Subscribe to:
Posts (Atom)