Judicial Decision - Free Essay Example

Sample details Pages: 10 Words: 3033 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Topics: Justice Essay Social Essay Did you like this example? JUDICIAL DECISION-MAKING AND SOCIAL JUSTICE I INTRODUCTION The judiciaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s collective reputation for impartiality and independence is vital in maintaining the perceived legitimacy of judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ decisions. According to Sir Owen Dixon, this necessitates judges to accept that they should exercise their power via the techniques of legal reasoning.[1] Despite the general consensus on the importance of judicial independence, particularly from executive interference, there has been increasing criticism aimed at the extent to which judges consider issues relating to social justice in the decision-making process. In the words of the UN, Social justice is about equality and fairness between human beingsà ¢Ã¢â€š ¬Ã‚ ¦ We advance social justice when we remove barriers that people face because of gender, age, race, ethnicity, religion, culture or disability.[2] This essay argues that although legalism may lead to social injustice, th e High Court should not supersede its constitutional mandate by treating the Constitution as an instrument for promoting social justice. Don’t waste time! Our writers will create an original "Judicial Decision" essay for you Create order Although the Court can refer to and provide advice for other action to be taken to break down barriers to fairness, such considerations should not influence its ultimate decision. On the other hand, the High Court does, and should, have the ability to develop the common law to reflect social justice and change. II DIXONIAN LEGALISM AND THE HIGH COURT Dixon contended that resolving federal disputes by committing to the spirit of legalism is crucial in maintaining public confidence in the judiciaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to ensure that the rule of lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s underlying values of certainty and predictability are preserved.[3] This emphasis on the consistent and strict application of legal concepts is characterized by the western legal tradition. The western idea of law as an autonomous discipline has illustrated that, despite the cultural forces that shape and dictate the content of the law, legal reasoning and decision-making are sufficient without supplement from other disciplines and societal ideologies.[4] Conversely, a rigid adherence to legalism could risk serious social injustice. This is because such an approach entails judges to undertake legal reasoning without any evaluation of the implications on social issues and community necessities. Although the Justices of the Court profess to operate in a political and social vacuum, it can also be argued that their legal arguments are invariably premised on judicial biases and presuppositions. Consequently, anterior injustices and obsolete principles may be perpetuated by the conservatism of the Court. Some may opine that judges should deliberately account for issues relating to social justice to offset the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s reputation for excessive legalism, but the value of the High Court lies in its appearance of independence.[5] While it is undeniable that the judiciary retains some law-making power, expressly digressing from legality and making illegitimate decisions to promo te popular political views or the principles of social justice would place the judiciary in the realm of the Parliament and create an overly-politicized court system. However, the Court is not prohibited from referencing community values and societal changes, and the underlying values and overall purpose of Constitutional provisions, where appropriate. When the text and structure of the Constitution is not compelling, cautious references and acknowledgements of non-legal sources do not necessarily denote the manifestation of excessive judicial discretion or activism. It is dubious that every legal problem that appears before the Court can be solved by mere logical extrapolation and application of legal rules and principles. The presence of some facet of activism is fairly inevitable in any judicial system: the real concern is the extent of such activism, and its prominence within the apposite legal construct. A The à ¢Ã¢â€š ¬Ã‹Å"Constitutional guardianà ¢Ã¢â€š ¬Ã¢â€ž ¢ As a à ¢Ã¢â€š ¬Ã‹Å"Constitutional guardianà ¢Ã¢â€š ¬Ã¢â€ž ¢,[6] the High Court has played a crucial stabilizing role. Responsibility rests with the Court to uphold the rule of law and safeguard individual liberties by acting as a check on the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s parameters of justifiable interference. The potential disinclination of ministers to respect traditions of representative and responsible government, and the possible convergence between the ideological leanings of major parties makes it pertinent that the Court sustains its avowal of apolitical decision-making. This does not mean that the Justices should arrogate to themselves the role of self-conscious advocates of social justice. Where it is intolerable for other branches of government to impinge on judicial power, it is equally objectionable for the judiciary to usurp legislative power for the sole purpose of advancing social justice. This degree of judicial activism would catalyse a constitutional problem by stri king at the root of the separation of powers. An environment in which the Court is observed to disrespect the separation of powers doctrine will only promote an analogous disrespect in the other tiers of government. Therefore, the Court should not interpret the governmental powers that are conferred by the Constitution with the intention of achieving what it perceives to be the most socially desirable outcome. In Commonwealth v Australian Capital Territory,[7] the Court concluded that the Commonwealth possessed the power to legislate with respect to marriage equality under section 51(xxi) of the Constitution.[8] Accordingly, it invalidated the Marriage Equality (Same-Sex) Act 2013 (ACT).[9] Nullifying the ACT Act may be viewed as another instance of excessive legalism and a signal of an ostensible attenuation of Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s progress towards eradicating the barriers that homosexuals face. However, declaring the Act valid could perpetuate the idea that states and t erritories could breach other aspects of the Constitution and effectively destabilize the balance of power across the levels of government. Given the High Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s role of maintaining constitutional integrity, such negative repercussions would catalyse the loss of the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s power base à ¢Ã¢â€š ¬Ã¢â‚¬Å" the publicà ¢Ã¢â€š ¬Ã¢â€ž ¢s confidence. Nonetheless, the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s unanimous interpretation of section 51(xxi)[10] verified the Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s potential to enact future laws in recognition of marriage equality, which would imprint a greater sense of stability than a collection of piecemeal state and territory laws. In this sense, the Court referenced social issues and included advice that could advance marriage equality in the future, but any sympathy for the cause did not influence its judgment. The Court should interpret the Constitution, especially when clarifying the various powers granted to the tiers of gover nment, with careful legal reasoning to ensure that any relevant legislation passed in response to contentious issues is constitutionally valid. In guarding the Constitution, the Court must prudently give meaning to the words within the Constitution. The centrality of law in western societies necessitates judges to continually look afresh at the provisions contained within the existing laws and allow the Constitution to develop in line with its own logic and established precepts.[11] The few explicitly rights-oriented provisions and implied freedoms in the Constitution have allowed the Court to develop the law and defend some aspects of social justice. When the Court can decipher additional individual rights within the Constitution, and where these implied freedoms can be distinguished as critical concomitants to Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s system of government, the Court should expose these implications. A series of cases, including Australian Capital Television Pty Ltd v Com monwealth,[12] have established that Australiansà ¢Ã¢â€š ¬Ã¢â€ž ¢ right to converse freely with one another and with their elected representatives about public and political affairs is implied by the Constitution. While there may be criticism about the meagre sum of implied rights that the Court has enforced, it has fittingly approached such interpretations with care and restraint. In these cases, the judges take into account the individual freedoms that can be discerned from the text and structure of the Constitution. Furthermore, these freedoms are considered in terms of their imperativeness to the operation of the government. The Court has not arbitrarily interpolated rights into the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢s text and has not exhibited instances of excessive activism. Consequently, these cases should not be viewed as an opportunity for the Court to extend its exercise of power by attempting to elicit and enforce other prospective rights. III SOCIAL CHANGE AND SOCIAL JUS TICE The High Court has been understandably reluctant to encroach upon areas of rights protection that were traditionally not justiciable.[13] While the western legal tradition classifies law as the major instigator of social change, the judiciary should respond to change. When community values develop, it is often due to an increased awareness of social injustices. The centrality of law in western countries, and its coercive and educative power,[14] means that society expects judges to re-evaluate entrenched principles to help extirpate outdated beliefs. A When is it appropriate? When it comes to the Constitution, it can and should be amended only through the rigorous democratic and federal formula declared by section 128. Some may believe that the Justices of the Court have the democratic legitimacy to amend the Constitution to reflect social change. In principle, the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decisions reflect the prerogatives of the people since the executive appoints th e Court bench on the basis of the à ¢Ã¢â€š ¬Ã‹Å"responsible governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ doctrine, where the executive is presumably accountable to the Parliament, which is in turn accountable to the people. However, accountability to the people is not reflective of the judiciaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s competence in evaluating and responding to social trends. Instead, the High Court has accepted that it can overrule its own decisions when Parliament is not in a position to change the law in constitutional cases, and such a condition has not arisen in other cases.[15] It has been recognized that the Constitution has been read in different ways according to the perceptions of different times,[16] but there has been a lack of transparency as to the extent to which Justices should be constrained by precedent. Unlike other areas of the law where the legislature may take action to reverse the Courts holding, reversing constitutional decisions is a complex procedure and not always accomplisha ble. The practical considerations of a referendum and the meagre number of referendums held over the course of Australian history (only 8 out of the 44 proposed were carried)[17] mean that constitutional change is neither lightly undertaken nor likely to be successful. It can be inferred that the current level of social change has not warranted alterations of the Constitution. As a result, the High Court should not extend its scope of constitutional interpretation by accounting for what it perceives to be social justice, and only change the meaning of words when previous interpretations are blatantly anachronistic. Notably, the legitimacy of the extent to which the Court accounts for social justice and change differs radically with respect to the context in which it occurs. The ability of the Court to amend the Constitution is cardinally dissimilar from its capacity to develop the common law in reflection of social change. This is simply because the foundation of the common law i s predicated on judicial decisions, and the courts are entitled to continue to mould and develop such laws gradually, cautiously, and with due respect to precedent. The High Courts recognition and initial consolidation of native title stemmed from an adaptation of existing common law principles in response to contemporary conceptions of justice and international human rights standards. By proclaiming that the common law recognised and protected indigenous rights and interests in Mabo v Queensland [No 2],[18] the decision abolished some of the ingrained barriers that perpetuated the discriminatory and unjust treatment of Aborigines. However, the principle of native title was defined by the Court to be a tenuous and constricted right, susceptible to extinguishment by an expansive range of prior Crown grants and reservations of land.[19] After the recognition of a new principle of law, there will invariably be a refining and further development of the principle. Despite the intentio n of mitigating social injustice, the Court failed to develop the principle of native title to à ¢Ã¢â€š ¬Ã‹Å"live up to the promise of Maboà ¢Ã¢â€š ¬Ã¢â€ž ¢.[20] This is because the common law is linked to the past, whereas justice necessitates an inventive, sympathetic, revitalization of the law. Reconciling the new principle with established doctrines, and sustaining the principles of social justice that motivated the development of the law, is a difficult process. Moreover, the Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s power to reject any developments in the common law through passing opposing Acts and amendments is a cogent encumbrance. Despite the shortcomings in the progression of indigenous rights, the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s development of the common law was a à ¢Ã¢â€š ¬Ã‹Å"great leapà ¢Ã¢â€š ¬Ã¢â€ž ¢ towards the recognition, acceptance and protection of Aboriginal land rights. The prospect of native title existing across vast areas of Australia became a reality for many indigen ous people, and the development reflected the increased national and global awareness of the need to eradicate social injustices. If the Court had not taken account of the injustices faced by Aborigines, it would have potentially stimulated public suggestions that the Court subscribed to archaic, racist ideologies. Moreover, if the Court had not digressed from the 200 year-old common law rule that did not protect a spouse from marital rape in R v L (1991) 174 CLR 379, the Court would have been criticized for being acutely ignorant of the à ¢Ã¢â€š ¬Ã‹Å"woman-centred perspective on rapeà ¢Ã¢â€š ¬Ã¢â€ž ¢[21] that had emerged in public and legal consciousness. When it comes to the common law, the Court should attempt to reflect changes in community values and perspectives irrespective of whether they believe the development would be effective, or substandard, in the long term. B Lower Courts When judges deviate from precedent, they carry the risk of creating uncertainty, ineffic iency and the appearance of injustice.[22] For any judicial branch below the High Court, a failure to follow precedent with proper justification would cause the decision to be overturned and the judge to be reprimanded on appeal. Lower courts cannot overrule binding precedents simply on the basis that they are inconsistent with contemporary notions of justice. Consciously disregarding an unpopular precedent, or à ¢Ã¢â€š ¬Ã‹Å"underrulingà ¢Ã¢â€š ¬Ã¢â€ž ¢,[23] would incite substantial uncertainty about the state of the law. Instead, a judge of a lower court can criticize the precedent that is considered to be unjust and outdated, encourage an appeal and allow the higher court to overrule the precedent. The judges and magistrates of lower courts are able to exercise judicial discretion to advance a personal notion of fairness in accordance with the principles and rules of law. Furthermore, the existence of the Family Court, the Industrial Relations Court and appeal system attempt to achieve fairness and remove legal barriers. Although judges can take into consideration the disadvantages of those relying on legal aid and interpreters, their decisions usually only influence the litigants of the case and do not significantly mitigate social injustices on a broad scale. As a result, the High Court plays an imperative role in removing the entrenched precedents that bind all the lower courts. IV CONCLUSION The High Court has a central role in guarding the Constitution and upholding the separation of powers. While Dixonà ¢Ã¢â€š ¬Ã¢â€ž ¢s strict legalism is not always achievable, reference to non-legal sources do not detract from the legality of the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decisions. However, the Court should not use or interpret the Constitution with the intention of ameliorating issues relating to social justice. Instead, accounting for social issues and international standards should be done in common law cases. Despite the fact that there will always be injustices and outcries of unfairness, Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s judiciary has, for the most part, developed and interpreted the law carefully and legitimately. BIBLIOGRAPHY A Articles/Books/Reports Cook, Catriona, Robin Creyke, Robert Geddes and David Hamer, Laying Down the Law (LexisNexis Butterworths, 8th ed, 2012) Dixon, Owen, à ¢Ã¢â€š ¬Ã‹Å"Address upon Taking the Oath of Office in Sydney as Chief Justice of the High Court of Australia on 21st April, 1952à ¢Ã¢â€š ¬Ã¢â€ž ¢ in Judge S Woinarski (ed), Jesting Pilate and other Papers and Addresses (Lawbook, 1965) 245, 247 Handsley, Elizabeth, à ¢Ã¢â€š ¬Ã‚ The judicial whisper goes aroundà ¢Ã¢â€š ¬Ã‚ : Appointment of judicial Officers in Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) in Kate Malleson and Peter H. Russell (eds), Appointing Judges in an Age of Judicial Power: Critical Perspectives from around the World (University of Toronto Press, 2006) 129 Jowell, Jeffrey and Dawn Oliver, The Changing Constitution (Oxf ord University Press, 7th ed, 2011) Parkinson, Peter, Tradition and Change in Australian Law (Law Book Co of Australia, 4th ed, 2010) Tehan, Maureen, à ¢Ã¢â€š ¬Ã‹Å"A Hope Disillusioned, an Opportunity Lost? Reflections on Common Law Native Title and Ten Years of the Native Title Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 27 Melbourne University Law Review 570 Williams, Daryl, à ¢Ã¢â€š ¬Ã‹Å"Judicial Independence and the High Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 27 University of Western Australia Law Review 140 B Cases Australian Capital Television Pty Ltd v Commonwealth (1992) 108 ALR 577 Mabo v Queensland [No 2] (1992) 175 CLR 1 The Commonwealth v Australian Capital Territory [2013] HCA 55 C Other Australian Electoral Commission, Referendum dates and results (24 October 2012) lt;https://www.aec.gov.au/elections/referendums/Referendum_Dates_and_Results.htm Brennan, Gerard, à ¢Ã¢â€š ¬Ã‹Å"Judicial Independenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Speech delivered at the Australian Judici al Conference, the Australian National University, 2 November 1996) lt;https://www.hcourt.gov.au/assets/publications/speeches/former-justices/brennanj/brennanj_ajc.htm; United Nations, World Day of Social Justice (20 February 2014) lt;https://www.un.org/en/events/socialjusticeday/gt; 1 [1] Sir Owen Dixon, à ¢Ã¢â€š ¬Ã‹Å"Address upon Taking the Oath of Office in Sydney as Chief Justice of the High Court of Australia on 21st April, 1952à ¢Ã¢â€š ¬Ã¢â€ž ¢ in Judge S Woinarski (ed), Jesting Pilate and other Papers and Addresses (Lawbook, 1965) 245, 247. [2] United Nations, World Day of Social Justice (20 February 2014) lt;https://www.un.org/en/events/socialjusticeday/gt;. [3] Sir Jeffrey Jowell and Dawn Oliver, The Changing Constitution (Oxford University Press, 7th ed, 2011) 11. [4] Peter Parkinson, Tradition and Change in Australian Law (Law Book Co of Australia, 4th ed, 2010) 24. [5] Sir Gerard Brennan, à ¢Ã¢â€š ¬Ã‹Å"Judicial Independenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Speech delivered at the Australian Judicial Conference, the Australian National University, 2 November 1996) lt;https://www.hcourt.gov.au/assets/publications/speeches/former-justices/brennanj/brennanj_ajc.htmgt; [6] Daryl Williams, à ¢Ã¢â€š ¬Ã‹Å"Judicial Independence and the High Courtà ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (1998) 27 University of Western Australia Law Review 140, 152. [7] [2013] HCA 55. [8] Ibid 56. [9] Ibid 61. [10] Ibid 10. [11] Parkinson, above n 4. [12] (1992) 108 ALR 577. [13] Gerard, above n 5. [14]Parkinson, above n 4, 26. [15] Catriona Cook et al, Laying Down the Law (LexisNexis Butterworths, 8th ed, 2012) 146. [16] Cook et al, above n 15, 150. [17] Australian Electoral Commission, Referendum dates and results (24 October 2012) lt;https://www.aec.gov.au/elections/referendums/Referendum_Dates_and_Results.htmgt;. [18](1992) 175 CLR 1. [19] Maureen Tehan, à ¢Ã¢â€š ¬Ã‹Å"A Hope Disillusioned, an Opportunity Lost? Reflections on Common Law Native Title and Ten Years of the Native Title Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 27 Melbourne University Law Review 570. [20] Ibid 571. [21] Elizabeth Handsley, à ¢Ã¢â€š ¬Ã‚ The judicial whisper goes aroundà ¢Ã¢â€š ¬Ã‚ : Appointment of judicial Officers in Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) in Kate Malleson and Peter H. Russell (eds), Appointing Judges in an Age of Judicial Power: Critical Perspectives from around the World (University of Toronto Press, 2006) 129. [22]Cook et al, above n 15, 211. [23] Ibid 209.

Crisis in Movies Self Medicated Free Essays

His mother, who developed a drug problem of her own, was unable to deal with his behavior. He was rarely attending school and getting in fights regularly. He began hanging out with a different peer group and cutting ties with the positive influences in his life. We will write a custom essay sample on Crisis in Movies: Self Medicated or any similar topic only for you Order Now He displayed significant discomfort anytime his father was mentioned and it was clear he had not dealt with his grief in a healthy way. 2. Identify the type of crisis (Situational, Developmental, Existential). (10 pats. The crawls In this situation was primarily situational, but one could also argue that there was a developmental crisis. Andrews father died and the family, both Andrew and his mother, appeared to lack the adequate coping skills to deal with the stresses normal stress associated with being a teenage boy, and his mother the stress associated with raising a teenage boy. After the death of his father there was a developmental crisis during which Andrew was unable to successfully transition from being a dependent teenager to an independent young man. 3. Identify the material, personal, and social resources available to the individual. (10 pats. ) Based on the home in which the primary characters live it is apparent that they either are, or at one point were fairly wealthy. Andrews mother does not appear to be employed and he does not hold a Job. There is no indication of an extended family support network. Andrews mother does not appear to have any support system. They appear to be very isolated. Andrew had an abundance of negative, superficial â€Å"friends† and one female friend who had pro-social contact with both him and his mother. He is also very intelligent which is a valuable personal resource but there are times during his recovery process that it appears to interfere with his testability. Due to the fact that he resides in a large city, Lass Vegas, there are innumerable community resources available as well. 4. What were the differing perceptions of the crisis? (the client, family, community, friends, legal perspectives) (10 pats. ) The client, Andrew, did not believe there was a crisis because he did not view his behavior as problematic. His mother felt quite differently and was highly concerned with both his drug and alcohol use and his apparent inability to deal with the death of his father. After multiple failed attempts to directly address Andrews behavior, his other appoints custody of him to an extreme measures treatment facility. They kidnap Andrew and he is enrolled in an involuntary, live-in rehabilitation program for addicts of all kinds. At the treatment facility Andrew was viewed as a â€Å"problem child†. This was largely due to his intelligence and the lack of realization of there being a problem. He was unwilling to discuss his father and used his intelligence to manipulate and scheme against staff. Until he was forced into treatment Andrew surrounded himself with people who were sharing in his addictive behavior, this undistributed to his inability to realize that he was in crisis because his community group was comprised of fellow addicts. 5. Briefly, how was the crisis handled by the protagonist? (10 pats. ) The protagonist, Andrew, refused to address the death of his father, which was a primary stresses. Eventually he turned to alcohol and drugs to numb the feelings associated with the pain of his father’s death. His lack of positive coping tools eventually led to a crisis of drug and alcohol addiction. By the end of the film Andrew had accepted that his addiction was destructive and was taking steps towards cover and more importantly towards dealing with the underlying issues that had 6. Suggest several steps for your client that could be used to handle the crisis. (10 Andrew does not believe he has a problem. He needs help seeing his addiction as detrimental. One of the primary issues driving Andrews addiction is the unprocessed grief over his father’s death. He needs counseling to help him deal with those emotions and to learn healthier coping skills. Andrew and his mother also need to work through the resentment that has developed between them. Forgiveness therapy old be valuable if incorporated into family counseling. Cognitive self-change is also a valuable tool in dealing with addiction. Realistically Andrew is also going to have to deal with his legal issues before he can truly have a clean start. He also needs to attempt to salvage his GAP in order to complete high school. Due to the fact that he wants to go to college he will likely need to extend high school by a year so that he can retake the classes he did poorly in and salvage his grade point average as much as possible. 7. Suggest steps for teaching coping skills and developing resiliency (preventing the rises from reoccurring). (10 pats. ) Andrew would greatly benefit from learning how to verbalize his feelings and talk through his problems instead of stuffing and avoiding. He needs his emotions regarding the death of his father to be validated and to understand that they are okay to have. Re-involving himself in the healthy outlets he used to enjoy, like sports, would be a positive way to handle stress as well. Because he has struggled with addiction it will be very important to his future success that he complete a thorough relapse prevention program. He needs to identify what his triggers and red flag tuitions are so that he can learn steps to intervene in those situations. 8. What referral sources would be available to the client if he/she lived in your area? Specific names of organizations in your area to which you might refer your client. You might have to research your area for this. ) (10 pats. ) He could be referred to private counseling, support groups for those grieving the loss of loved ones, and drug/alcohol rehab or support groups. There are groups like Alcoholics Anonymous, Celebrate Recovery, and LIDS Family Services Addiction Recovery f or those struggling with drug and alcohol addiction. His lawyer could also push for a mandatory treatment program instead of traditional punishment for the crimes he had committed. This community has a treatment focused state prison nearby which employs the therapeutic community model for drug and alcohol rehabilitation. Because of this there are several certified drug and alcohol counselors in the area, some of which take on private clients on their own time. There are also drug and alcohol education groups such as DARE that may be beneficial. We are either slaves to sin or slaves to Christ, and the Bible is clear that to be a slave to Christ is a far easier burden to bear. Often times those things we believe to be freedom eventually become the heaviest of our chains. This can be seen in Andrews downhill spiral of addiction. He thought he was having fun getting drunk and skipping school, he was doing whatever he wanted. However, it eventually reached the point that Alcohol was all that he wanted. The desires of the flesh quickly lead us to destruction. It is my opinion that there are few things out there that demonstrate the bondage we are in apart from Christ so vividly as drug, alcohol, and sexual addictions. Addiction is the epitome of being in bondage, of being a slave. How to cite Crisis in Movies: Self Medicated, Papers

Sasa Background free essay sample

Sasa Company has about 240 of retail sale shops and counters in Asia area. Otherwise, in Asia, there have six main markets in Hong Kong, Mainland, Singapore, Malaysia, Taiwan and Macau. Also Sasa Company hired around 4000 employees. It sells more about 600 brands products, include skin-care product, perfume, toiletry, hairlogist, body-care product and beauty nutrition product. t is very popular in Asia because in Sasa there have more choice to give customer to buy, sometimes Sasa also will agent some of the brand for only their company to sell out to attract more customers to buy their products. Sasa’s target customers include young female, lady and family(daily product),man, actually Sasa’s products are suitable for great majority people to use, most of the type for their product is skin-care product, it is useful for children, female and man so Sasa have a large target customers to make this company be more popular in these years. We will write a custom essay sample on Sasa Background or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The position that we have selected in Sasa Company is buyer. Buyer is a very important position in a company, it decide what, which product the company will sell in the market so buyer must very clear about what the customers need in the market what type of product will attract more. After to confirm which type or which brand of the product the company should choose, buyer have to talk with the brand company about the authority of agency, include the price, the time-limit, etc.. So buyer must have a good connect skill with people and the sense of responsibility. There have a vacancy in Sasa company because this position’s requests are very high and lots companies are need this position mostly, most the company they have be deficient in buyers, because the candidate must have more experience in similar job in the past so just can handle this job well and truly, also the candidate must have a good language culture to contact with their brand company, have a nice social contact in the related trade.

Mary Somerville, Mathematician, Scientist, and Writer

Mary Somerville, Mathematician, Scientist, and Writer Mary Somerville (December 26, 1780–November 29, 1872) was a mathematician, scientist, astronomer, geographer, and a gifted science writer, who in the era of burgeoning social and scientific change was able to convey both the substance of science and the scientific sublime. Fast Facts: Mary Somerville Known For: Scientific work in mathematics, astronomy and geography, and gifted science writingBorn: December 26, 1780 in Jedburgh, ScotlandParents: William George Fairfax and Margaret Charters FairfaxDied: November 29, 1872 in Naples, ItalyEducation: One year of formal education, but Somerville was primarily home-schooled and self-taughtPublished Works: Physical Geography (1848), Personal Recollections of Mary Somerville (1873, after her death)Spouse(s): Samuel Greig (m. 1804–1807); William Somerville (m. 1812–1860)Awards: Honorary member of the Royal Astronomical Society (1833), gold medal from the Royal Geographical Society (1869), elected to the American Philosophical Society (1869)Children: Two sons with Grieg (one survived to adulthood, barrister Woronzow Grieg, d. 1865), three daughters (Margaret (1813–1823), Martha (1815), Mary Charlotte (1817)  and a son who died in infancy in 1815) with Somerville Early Life Mary Somerville was born Mary Fairfax in Jedburgh, Scotland, on December 26, 1780, the fifth of seven children of Vice-Admiral Sir William George Fairfax and Margaret Charters Fairfax. Only two of her brothers survived to adulthood and her father was away at sea, so Mary spent her first years in the small town of Burntisland being home-schooled by her mother. When her father returned from the sea, he discovered 8- or 9-year-old Mary could neither read nor do simple sums. He sent her to an elite boarding school, Miss Primroses School in Musselburgh. Miss Primrose was not a good experience for Mary and she was sent home in just a year. She began to educate herself, taking music and painting lessons, instructions in handwriting and arithmetic. She learned to read French, Latin, and Greek largely on her own. At age 15, Mary noticed some algebraic formulas used as decoration in a fashion magazine, and on her own she began to study algebra to make sense of them. She surreptitiously obtained a copy of Euclids Elements of Geometry over her parents opposition. Marriage and Family Life In 1804 Mary Fairfax married- under pressure from family- her cousin, Captain Samuel Greig, a Russian navy officer who lived in London. They had two sons, only one of whom survived to adulthood, future barrister Woronzow Grieg. Samuel also opposed Marys studying mathematics and science, but after his death in 1807- followed by the death of their son- she found herself with the opportunity and financial resources to pursue her mathematical interests. She returned to Scotland with Woronzow and began to study astronomy and mathematics seriously.  Ã‚  On the advice of William Wallace, a mathematics teacher at a military college, she acquired a library of books on mathematics.  She began solving math problems posed by a mathematics journal, and in 1811 won a medal for a solution she submitted. She married Dr. William Somerville in 1812, another cousin. Somerville was the head of the army medical department in London and he warmly supported her study, writing, and contact with scientists. Scientific Endeavors Four years after marrying, Mary Somerville and her family moved to London. Their social circle included the leading scientific and literary lights of the day, including Ada Bryon and her mother Maria Edgeworth, George Airy, John and William Herschel, George Peacock, and Charles Babbage. Mary and William had three daughters (Margaret, 1813–1823; Martha, born 1815, and Mary Charlotte, born 1817), and a son who died in infancy. They also traveled extensively in Europe. In 1826, Somerville began publishing papers on scientific subjects based on her own research. After 1831, she began writing about the ideas and work of other scientists as well. One book, The Connection of the Physical Sciences, contained discussion of a hypothetical planet that might be affecting the orbit of Uranus. That prompted John Couch Adams to search for the planet Neptune, for which is he is credited as a co-discoverer. Mary Somervilles translation and expansion of Pierre Laplaces Celestial Mechanics in 1831 won her acclaim and success: that same year, British prime minister Robert Peel awarded her a civil pension of 200 pounds annually. In 1833, Somerville and Caroline Herschel were named honorary members of the Royal Astronomical Society, the first time women had earned that recognition. Prime Minister Melbourne increased her salary to 300 pounds in 1837. William Somervilles health deteriorated and in 1838 the couple moved to Naples, Italy. She stayed there most of the remainder of her life, working and publishing. In 1848, Mary Somerville published  Physical Geography, a book used for 50 years in schools and universities; although at the same time, it attracted a sermon against it in York Cathedral. William Somerville died in 1860. In 1869, Mary Somerville published yet another major work, was awarded a gold medal from the Royal Geographical Society, and was elected to the American Philosophical Society. Death By 1871, Mary Somerville had outlived her husbands, a daughter, and all of her sons: she wrote, Few of my early friends now remain- I am nearly left alone.  Mary Somerville died in Naples on November 29, 1872, just before turning 92. She had been working on another mathematical article at the time and regularly read about higher algebra and solved problems each day. Her daughter published Personal Recollections of Mary Somerville the next year, parts of a work which Mary Somerville had completed most of before her death. Publications 1831 (first book): The Mechanism of the Heavens- translating and explaining Pierre Laplaces celestial mechanics.1834: On the Connection of the Physical Sciences- this book continued in new editions through 1877.1848: Physical Geography- the first book in England on Earths physical surface, widely used as a textbook at schools and universities for 50 years.1869: On Molecular and Microscopic Science- about physics and chemistry. Major Awards and Honors One of the first two women admitted to the Royal Astronomical Society (the other was Caroline Herschel).Somerville College, Oxford University, is named for her.Dubbed Queen of Nineteenth-Century Science by a newspaper on her death.Organizational Affiliations: Somerville College, Oxford University, Royal Astronomical Society, Royal Geographical Society, American Philosophical Society. Sources Neeley, Kathryn and Mary Somerville. Mary Somerville: Science, Illumination and the Female Mind. Cambridge: Cambridge University Press, 2001.Somerville, Martha. Personal Recollections, from Early Life to Old Age of Mary Somerville, with Selections from her Correspondence. Boston: Roberts Brothers, 1874.OConnor, J. J. and E. F. Robertson. Mary Fairfax Greig Somerville. School of Mathematics and Statistics, University of St Andrews, Scotland, 1999.Patterson, Elizabeth Chambers. Mary Somerville and the Cultivation of Science, 1815–1840. Springer, Dordrecht, 1983.

How to Measure Employee Business Writing Skills

How to Measure Employee Business Writing Skills One of the challenges of improving business writing in an organization is actuallymeasuringbusiness writing skills. "Good business writing" is a coveted skill for every analytical and collaborative employee. But, "good business writing" is also an fuzzy concept and tough to codify and measure. How then, can we measure "good business writing" skills? STEP ONE - Separate the measurement of content and analysis (the substance of a document) from thelanguageof the document (the syntax). Substance and syntax must be measured separately, because they are two distinct aspects unique to business writing. Business writing requires a keen analysis of the audience and decisions about matching the right document content to that particular audience. If this is wrong,syntax improvements will never correct content gaps or repetition or jumbled content. If the content is wrongly matched to audience needs, polish alone will never fix it. So, to first measure business writing skills, we have to separate the substance of documents from the syntax. STEP TWO - Analyze the substance of typical employee documents to measure what is working and what is not. Define the goals of the documents your employees need to write. What do you want a reader to know or do after reading this document? Then assess the skills required to achieve the document purpose. Every business document requires five core requisite skills. The first four are related to substance, while the last is related to syntax: Audience awareness Appropriate content Content logically categorized Content logically sequenced Syntax and grammar that is clear and correct and interesting The key is to identify the desired business outcome of key documents, and then break down the writing skills into measurable components. This will give you the content measurements you need to truly measure what is working, and not working. CLIENTS ONLY: Please contact us for templates you are welcome to use for your assessments. STEP THREE - Working with the same representative documents, next analyze the syntax. Good news. Syntax is much easier to evaluate than substance. And, syntax errors are very easy to fix. Typically, strong analytical employees, who likely work in finance, business analysis, technology, engineering, and energy, may not love business writing as part of their work only because they didn't write much in college. They preferred other courses. So, they may mistakenly feel their writing skills are weak. In fact, they possess the critical analytical skills so important for substance. I'm guessing you didn't hire a financial analyst for his or her ability with commas. You hired him or her because of keen analytical ability in finance! hbspt.cta._relativeUrls=true;hbspt.cta.load(41482, '934718b3-251a-45d6-8853-a7f94e43b92c', {}); Here are 2 resources to help you assess syntax in your employees' documents: 1. Syntax Measurement Resource #1 Microsoft's Readability Index. Run the documents through this tool, which will provide actual measurements for passive vs. active voice, and simplicity of sentence structure. This is an excellent tool to assess the all-important element of clarity since it reports on: 1. Words per sentence (average) 2. Percentage of passive sentences 3. Flesch Reading Ease score 4. Flesch-Kincaid Grade Level. Words per sentence - In general, the longer the sentence, the harder it becomes for your reader to follow along. That's not to say you should always write in short sentences. Instead, strive for a variety that makes for lively reading. Percentage of sentences written in the passive voice measures the readability of your text as the ratio of passive sentences over active sentences. The lower the score, the better. Active sentences are nearly always easier to read and understand, making your message clearer and more persuasive. Aim for a score less than 20%. The Flesch Reading Ease (FRE) is the standard test of readability used by the U.S. Department of Defense for its documents and forms. The results can be between 0 and 100. The higher the score, the easier it is to understand what you have written. For example, a typical issue of Reader's Digest earns an FRE score of around 65 while Time Magazine scores in the low 50's. Lincoln's Gettysburg Address scores a 74.2. One way to score higher is to use shorter sentences. The results can be interpreted as following: * 0-29 - very confusing hard to read * 30-49 - difficult to read * 50-59 - fairly difficult * 60-69 - standard * 70-79 - fairly easy * 80-89 - easy * 90-100 - very easy Recommendation: A score of 60 or more. Higher is better. Even for business documents, a score of 60 is very achievable and it takes only a few edits to obtain it. Flesch-Kincaid Grade Level (FKGL)translates the Flesch Reading Ease measure to a grade level. The grade level means the number of years of education generally required to understand the document. For example, a score of 9.4 would indicate that the text is expected to be understandable by an average student in the 9th grade. Most newspapers in the U.S. are written at a seventh to eighth grade level. Recommendation: 8.0 to 10.0 is a good target, but lower is better because it reflects language clarity, not content complexity. Remember: these measurements only assess the syntax of documents, not content. But, they will provide useful snapshot measurements to diagnose the clarity and syntax in employee documents. Here are the Readability Scores for the article you are reading now: Passive voice is very low, so that's good. The Flesh Reading Ease score is just a bit above standard, which is fine since this is a complex topic and you, my fine readers, are smart business leaders! The Flesh-Kincaid grade level score assures me that even though the concepts in the article are complex, the language is easy to understand. 2. Syntax Measurement Resource #2 Microsoft's Grammar Check. It is not infallible, but you can use simple Grammar Check to discover the actual grammar errors presenting in employee documents. Then, summarize those errors. It's ineffective - and let's admit it's boring - to present general grammar training. Instead, address the actual errors presenting. This is much more productive. Consolidate and Analyze Your Measurements See where the gaps in content are occurring. The usual gaps for content are in audience targeting and content. We all tend to write a subject from our understanding, instead of what our reader needs. Categorizing content logically is another very common issue in analytical writing. The usual gaps in syntax are clarity and engaged tone. Grammar errors vary across organizations. Knowing what is working, and not working, in your employees' business writing is the first step in truly improving business writing. Armed with real measurements, you can then provide employee feedback and request business writing training that addresses actual gaps.

Level 6 Diploma in Career Guidance and Development - Career Guidance Essay - 1

Level 6 Diploma in Career Guidance and Development - Career Guidance Theory - Essay Example In fact, these two go hand-in-hand. One has to be guided on the best career that suits him/her, basing on some well proven facts, before the career is now developed and nurtured in him/her. Career guidance is a broad process that involves many career development practices that bring people to their occupation understanding (James A., 2008,420). Various factors influence the peoples’ career making decisions they include; interests, hobbies and talents, environment, society, parents among others. These factors alter the peoples’ career making decisions bringing forth four critical concepts or theories that bring about the success of a good career choice they include; career choice, decision making, career learning and transition and vocational behavior.√ In my profession of career guidance, these concepts are very vital in helping clients overcome the career choice problems. I have to employ these concepts step by step, starting from the long list of careers that people have in mind, till the time they are able to come up with a satisfying career decision and learning. I have to make sure that I make use of each and every theory and aspect that is necessary for a good career development and guidance plan. There are very many processes that can be followed. Different groups of scholars have come up with varied ways and processes that can be used in career development, in various professional fields. To understand the career guidance process vividly, I am going to discuss some of the career guidance theories and their relation to the above mentioned concepts of career choice. These theories are John Holland’s career theory, John Krumboltz’s theory and Donald Super’s theory. John Holland topological theory states that personality types and background or peer group are what attracts people to certain careers. He gives much emphasis on self scrutiny and career preference whereby one selects a career to satisfy

Will let you know the paper later Assignment Example | Topics and Well Written Essays - 1250 words

Will let you know the paper later - Assignment Example In order to have a fruitful business meeting with the Australians, it is vital to have a clear insight of their culture, communication styles and their behaviors (Schroevers, 2013). For Alison McKenzie to make a commendable first impression at the introductory meeting, there are basic etiquettes that she ought to observe. Establishing contacts with the Australian business people is considerably simple. They pay less attention to first creating solid relationships, and are thus open to approaches from outside their business contexts. In general, Australians do not necessarily require a recommendation from a mutual friend to enter into a business agreement with a foreigner. Nonetheless, having such a connection is normally important, since business relationships tend to be personal (Sabath, 2002). Australian business executives are usually very occupied and busy. As such, securing an appointment with them can be a tricky task. To secure a business meeting with them, it is advisable to book an appointment a month prior to the set date. In spite of their busy nature, they are friendly and approachable. Generally, the working hours in the country start from 9AM and ends at 5PM. Thus, when scheduling a business trip, the material day should not fall within their vocational period, which is between December and February. Depending on the organization’s size, appointment proposals are usually submitted via emails and confirmed through telephone calls (Schroevers, 2013). Australians have a dominantly conservative dress code for business visitors. Australian men put on dark suits and ties, while their women while their ladies wear professional dresses or suits. In Australia, the dress code of an organization is dependent upon the climatic environment that the firm is situated (Schroevers, 2013). For that reason, the business attire may be less formal in tropical regions unlike in towns and cities like