Interpretation & evaluation of one theory belonging to H.L.A. Hart in Term Paper

Interpretation & evaluation of one theory belonging to H.L.A. Hart in book 'Concept of Law' - Term Paper Example However, his perception on positivism may be defined as the pinnacle of his argument. The central perception that makes this topic outstanding in the ears of the audience is the compelling attitude which it triggers from both convictions. Harts seems to perceive a differing conviction on legal positivism as compared to Ronald Dworkin. The focus of this essay will be narrowed on evaluating the perception embraced by H. L. A. Hart, and subsequently evaluating its contribution to contemporary law. Hart presents a valid argument over the challenges anticipated in the dispensation of the law, however, he does not offer an acceptable path towards the establishment of the proposed solutions to the problem. Interpretation The topic of legal positivism has been re-evaluated accordingly following the erupt of various thinkers airing a varying opinion on the subject. The central argument has been the interrelation shared by the theory and other models of the law, especially on the aspect of sum mation (Coleman 64). Hart argument is distributed in phases, where there exists the primary phase and the secondary phase of execution. The central argument aired by H. L. A. Hart is that the primary rules implicate or impose the observation of the law. This understanding is best exemplified via criminal law, where the law is exercised directly against the injustices and atrocities committed. H. L. A. Hart proceeds to argue that for the primary law to be effective, there needs to be a set of regulation that enacts its enforcement. To this, H. L. A. Hart presented the existence of the secondary phase of law. His assertion on the secondary phase identified various check mechanisms that steer towards the realization of an effective justice system (Hart 89). H. L. A. Hart harbours an opinion that the exercise of the law revolves around the presence of a sufficient check system that ensures its observation is based or founded on the platform of fairness and equity. In the quest to offer an elaborate illustration of this perception, H. L. A. Hart proceeds to illustrate a set of options that are embroiled under the secondary phase. This is captured under a set of rules that aim at reinforcing the continuity of the primary phase. In his opinion, the rules include the rule of the acknowledgement where the public is invited to share opinions on the course taken by the law. Subsequently, the stipulations of the law will further be analyzed via the involvement of supplementary quantification mechanism. On reference, there are options such as the rule of alterations, commonly referred to as the rule of change. The central argument aired alongside this proposal is the perception that rules can be established, altered or redeveloped to match the task of reference (Hart, 78). This implies that the law is never static; a fundamental understanding which Hart believes can only be reinforced via the embrace of the secondary phase of law. Subsequently, Hart is convinced that their desires to be established a set of stipulations that are to be undertaken upon the corruption of the law. This includes issues such as immediate therapy upon the dissemination of the inappropriate or erroneous law. On this regard, Hart proposes the embrace of the rule of Adjudication as a methodology of ensuring that the dissemination of the law is undertaken via the justified manner. A deeper analysis of this perception indicates that the incidences upon which the law is observed

Effective communication skills are essential when facilitating Essay - 1

Effective communication skills are essential when facilitating learning in clinecal practice - Essay Example Centuries ago, while the science of medical care was in its technical evolution stage, the prime area of reference was only the administration of health care. However, in today’s world, where the scientific world has come of age in its standing vis-à  -vis disease care and prevention, subsidiary issues have emerged that are considered to be of prime importance in the domain of health care. The changes in society and life all around the world have brought about considerable changes in the lifestyles of humanity. Similarly, the profession of health care has seen its development through the ages, and many additional factors like communication skills’ concerns need to be understood better. Fine concludes by admitting, â€Å"At the end of all of the medical, legal, and ethical argument, it is most important to remember that no matter how certain any of us may be of our analysis, decisions near the end of life should never be easy. We must remind ourselves that true wisdom comes with the acknowledgment of uncertainty and admitting that we cannot know all there is to know† (2005). So, for a researcher to have worked in this discipline and to admit that there is a very thin line to cross, one can surely make conclusions about the complexity of the scenario. The issues of professionalism and communication skills are very simple here. Firstly, how can a clinician be ever certain of the fact that the patient is knowledgeable about the treatment? The concept is that the person is beyond cure for that specific practitioner with his precise knowledge. The person might well be treatable in diverse circumstances by a different person. Secondly, the communication concerns do put many questions when the conscious decision of taking one’s life is being asked about. This never an easy decision to make. And finally, whoever is the adversary in this case would be liable to make a final decision about the case, on the pretexts mentioned above. A similar instance is

Employee empowerment Essay Example for Free

Employee empowerment Essay With no particular list of practices and principles associated with t TQM, a culture, focuses on quality and what does quality constitute in an organizations functions and it considers customer reaction the best measure of quality which depicts the chances of competitive advantage and higher gross profits. Employees having ideas about the improvement of quality and how to do a good Job should be asked to contribute and monitor quality in TQM programs. These programs lay emphasis on the use of technologies that support and aid quality measurement, improvement, issue identification and its solution. In order to ensure substantial commitment to making better decisions and Increase effectiveness and fficiency individuals or teams should be given the power, information and knowledge concerning their autonomous performance and management. Employee involvement programs emphasize changing Job designs and using team structures at the organizations lowest level where as Employee involvement programs emphasize changing Job designs and using team structures at the organizations lowest level. This comparison shows that they do overlap substantially In their major points but that employee Involvement argues for some different forms of organization and places more stress on practices such as self managing work teams. Employee nvolvement seems to fit well In rather small organizational units which are created to produce entire products and serve a particular customer base. Total quality management processes tend to fit situations where large numbers of employees are required to service a customer or produce a product. Depending upon the organizations condition, strategic orientation, the kind of work It needs to do, and where It operates, the best management approach may be either one of these In Its pure form or an approach that modifies each to take advantage of certain elements In the other. Future research needs to focus on when and how specific practices ffect organizational performance. mployee empowerment By areebasaad27 substantial commitment to making better decisions and increase effectiveness and This comparison shows that they do overlap substantially in their major points but that employee involvement argues for some different forms of organization and involvement seems to fit well in rather small organizational units which are created organizations condition, strategic orientation, the kind of work it needs to do, and where it operates, t he best management approach may be either one of these in its in the other. Future research needs to focus on when and how specific practices

Analysis of Personnel selling

Analysis of Personnel selling Personnel selling: selling through person to person communications process. (Belch and Belch 2009:593). A personnel selling is different from other communication forms, presented in the message flow from sender to a receiver to directly face to face (Belch and Belch 2009:593). Thomas Wotruba, had a point of view toward personnel selling evolvement, he believes that personnel selling evolves as marketing environment evolves. (Belch and Belch 2009:595). Personal selling consists of personal selling evolutions, which are: Provider stage: selling activities are limited to accepting orders for the suppliers available offering and conveying it to the buyer. (Belch and Belch 2009:595). Retailers such as Carrefour, spinneys, Awlad Ghanem, will order from Nestle Elite tea, so that they can sell it to consumers. Persuader stage: Market members buy suppliers offering because selling encourages this attempt. (Belch and Belch 2009:595). Nestle will convince retailers to buy their products, by giving them offers such as buy 10 elite black tea boxes and take 1 free, and buy 20 elite black tea boxes and take 25% discount on one of the ten boxes. Prospector stage: Searching for buyers who needs offering, also resources and authority to purchase it. (Belch and Belch 2009:595). Nestle should search for customers who are willing to take their Elite tea offers and willing to purchase their products. Problem solver stage: Selling requires buyers participation, to discover their problems which can be turned into needs. (Belch and Belch 2009:595). Nestle should get feedback if there is a problem, so that they can fix it, and then try to convert it into positive purchase. Procreator stage: creating a special offer to match the needs of the buyer with all the aspects of the sellers marketing mix. (Belch and Belch 2009:595). Nestle must search the problems of the buyer and need and creates an offer which will be suitable with customers. The information that we are trying to send to customers is that elite tea is different from any other product in the market and that it delivers a royal experience and taste to who consumes it. Ways of carrying out this information to customers is: Advertisements Telephone selling Face to face selling Personal selling Product: Elite tea can be explained by the seller by saying the benefits of it and what experience will the customer feel after drinking a cup, mainly it will be an emotional motivator. And the amount of advertising and events that we will going to generate to increase the demand of the product that will raise comfort for the customer in the purchasing process. Price: The price is negotiable because it is set based on the rate of purchasing of the customer. That we give for the sales person (spokes person) a range that he can offer the customer more preofable prices. reselling price (sales out) selling price (sales in)    15 12.75-13.25 elite black tea 100 tb 5 2.75-3 elite black tea 25 tb 16 13.5-14 elite green tea 100 tb 4.75 3-3.25 elite green tea 25 tb 36 27-28 elite earl grey tea 100 tb 17 13-14 elite English early breakfast 100 tb 6.25 3.25-3.75 elite English early breakfast 25 tb 19.25 15.5-16 elite dust tea 250 G 11 7.5-8 elite dust tea 100 G Channels: As Nestle divides the market into two sectors traditional trade and modern trade as elite tea is a high quality product and targeting upper social classes, so sales force will be focusing on a specific on modern trade and more specifically in the (MT) will be supermarkets and hypermarkets. And in traditional trade they will focus on groceries in class A areas Modern channels, is selling our products through intermediary retailers whom use new ways of presenting the product such as Carrefour and spinneyà ¢Ã¢â€š ¬Ã¢â€ž ¢s, these types of distributors require special training on how to represent the product and how to convince consumers on buying it by cooperating with the promotion department. Traditional channels, is selling our products through intermediary retailers whom use old fixed ways of presenting the product these are small grocery stores located everywhere, they do not need special training. Advertising is very effective as it delivers the message to targeted customers in an entertaining way but sometimes the message could be unclear leading to a misunderstanding. Therefore personal selling can help by providing an individual in modern channel distributors whom can help and explain what the product offers to increase sales and customers perception. We can measure sales results by: Orders Sales volume in each distributor Sales calls Personal selling and PR: PR helps personal selling in a great way as it can create an image for the brand in the customerà ¢Ã¢â€š ¬Ã¢â€ž ¢s mind that will assist sales of the product, one way is the project carried out by the PR department which donates 50 piaster from each pack of tea sold to help under developed communities. Our sales depend on the skills of our force and how they can influence the consumers in buying our TEA. Personal selling Responsibilities: Locating prospective customers: Nestle should try searching for new customers, Nestle sales people must target and hold on to the customers who will be beneficial. Determining customers needs and wants: sales people in nestle collect information on the customers and take decision on how to approach them, the sales person in nestle should identify the needs and wants of the customers, and should be sure that customers are able to purchase the product. Recommending a way to satisfy the customers needs and wants: Sales person in Nestle should get feedback on customers, to see if they have any problems with the product, and what solutions could they offer to satisfy them. Demonstrating the capabilities of the firm and its products: Sales person in this stage demonstrates the beneficial points of Elite tea and why should customers choose Nestle. Closing the sale: This is the most difficult step, because not all sales people are able to convince the customers to buy the product. So in Nestle we try to train our sales force to successfully close the sales. Following up and servicing the account: Our responsibility doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t end once we sell the product, Nestle tries to keeps its customers satisfied by selling extra products.

Bob Saget :: essays research papers

Bob Saget is best known as the star of ABC's "Full House" for eight seasons and as the host of "America's Funniest Home Videos." Unfortunately, these shows were not able to show Lord Saget for who he really is: the dirtiest and, by far, funniest man alive (as anyone who has ever seen his stand-up routine can surely vouch). It was only because of Lord Saget's Godly powers that the Olsen Twins were able to become as popular as they are today; for without the guidance of a supreme being, they would probably be working the pole at some strip club! Saget also executive produced and starred in "Father and Scout" in 1995, a presentation of "The ABC Family Movie." In 1990, he wrote, directed and starred in the one-hour special, "In the Dream State," which earned him a Cable ACE nomination for directing. Saget also directed the movie "Dirty Work," a hilarious movie starring Norm Macdonald. He has also made numerous TV appearances, including "The Tonight Show," "Late Show With David Letterman," "Saturday Night Live", "The Larry Sanders Show," "Late Night," and "Comic Relief," a cause that is very close to his heart. He has also made cameo appearances in movies such as "Dumb and Dumber" and "Half Baked," in which he played a dick sucking coke head (surely one of his better roles). Raised in Philadelphia, Pennsylvania; Norfolk, Virginia; Encino, California, and, of course, Heaven, Saget built his foundation in entertainment by performing and writing stand-up comedy, which he has pursued for almost 30 years. He supported himself during the early days of his career with stand-up gigs at The Comedy Store and The Improv, studying with acting coach Darryl Hickman for five years and spending a year with the Groundlings Workshops. He also toured with many top musical acts, playing at such venues as Carnegie Hall and the main showrooms of Las Vegas, Lake Tahoe and Atlantic City. After moving to New York in 1987, he began a six-month stint as co-host of "The

To Kill a Mockingbird by Harper Lee :: To Kill a Mockingbird Essays

To Kill a Movking Bird Tolerance Comes into Play Tolerance is a good virtue to own, without it there is no way to succeed. To Kill a Mockingbird is a great novel written by Harper Lee. In this book, a great deal of tolerance is shown by Atticus. His tolerance is shown especially in the town, when dealing with his kids and when talking to Aunt Alexandra. The theme of tolerance is shown by Atticus when he is in the town. Many of the town's people give Atticus a hard time because he is defending a black in court and he is white. There is a white person against the black yet Atticus is defending the black person, and that is what makes some people give him a hard time. In a quote from the book: "Your father's no better than the Niger's and trash he works for," said Mrs. Dubose to Scout. People just like Mrs. Dubose talk behind Atticus and also say mean or hateful things about him because he is defending a black. Although they say all this stuff he has enough tolerance and does not fight back nor say mean and/or hateful things towards them. He uses his self-control (tolerance) and lets them talk. He expresses in the book that, people can talk and say but you do not have to do anything about it. Atticus just lets it pass by him. This is one way he shows tolerance in the book. The theme of tolerance is shown by Atticus, when he is dealing with his kids. His two kids, Scout (girl) and Jem (boy), do get into mischief. And when they do he deals with it calmly and rationally. A quote dealing with this particular incident were he is talking to Scout is: "Let's get this clear: you do as Calpurnia tells you, you do as I tell you, and as long as your aunt's in the house you do as she tells you. Understand?" Atticus says this to Scout after she mouthed off at Aunt Alexandra. He calmly and rationally dealt with the situation then moved on. He didn't yell, hit, or argue, just simply stated the obvious. He shows a lot of tolerance when dealing with Scout and her stubborn ways. He does the same with Jem (Jeremy) as well. He treats his kids with respect as if they were adults. He does hot argue he says what he wants and if there is a conflict he walks away from it.

A Game of Thrones Chapter Two

Catelyn Catelyn had never liked this godswood. She had been born a Tully, at Riverrun far to the south, on the Red Fork of the Trident. The godswood there was a garden, bright and airy, where tall redwoods spread dappled shadows across tinkling streams, birds sang from hidden nests, and the air was spicy with the scent of flowers. The gods of Winterfell kept a different sort of wood. It was a dark, primal place, three acres of old forest untouched for ten thousand years as the gloomy castle rose around it. It smelled of moist earth and decay. No redwoods grew here. This was a wood of stubborn sentinel trees armored in grey-green needles, of mighty oaks, of ironwoods as old as the realm itself. Here thick black trunks crowded close together while twisted branches wove a dense canopy overhead and misshappen roots wrestled beneath the soil. This was a place of deep silence and brooding shadows, and the gods who lived here had no names. But she knew she would find her husband here tonight. Whenever he took a man's life, afterward he would seek the quiet of the godswood. Catelyn had been anointed with the seven oils and named in the rainbow of light that filled the sept of Riverrun. She was of the Faith, like her father and grandfather and his father before him. Her gods had names, and their faces were as familiar as the faces of her parents. Worship was a septon with a censer, the smell of incense, a seven-sided crystal alive with light, voices raised in song. The Tullys kept a godswood, as all the great houses did, but it was only a place to walk or read or lie in the sun. Worship was for the sept. For her sake, Ned had built a small sept where she might sing to the seven faces of god, but the blood of the First Men still flowed in the veins of the Starks, and his own gods were the old ones, the nameless, faceless gods of the greenwood they shared with the vanished children of the forest. At the center of the grove an ancient weirwood brooded over a small pool where the waters were black and cold. â€Å"The heart tree,† Ned called it. The weirwood's bark was white as bone, its leaves dark red, like a thousand bloodstained hands. A face had been carved in the trunk of the great tree, its features long and melancholy, the deep-cut eyes red with dried sap and strangely watchful. They were old, those eyes; older than Winterfell itself. They had seen Brandon the Builder set the first stone, if the tales were true; they had watched the castle's granite walls rise around them. It was said that the children of the forest had carved the faces in the trees during the dawn centuries before the coming of the First Men across the narrow sea. In the south the last weirwoods had been cut down or burned out a thousand years ago, except on the Isle of Faces where the green men kept their silent watch. Up here it was different. Here every castle had its godswood, and every godswood had its heart tree, and every heart tree its face. Catelyn found her husband beneath the weirwood, seated on a moss-covered stone. The greatsword Ice was across his lap, and he was cleaning the blade in those waters black as night. A thousand years of humus lay thick upon the godswood floor, swallowing the sound of her feet, but the red eyes of the weirwood seemed to follow her as she came. â€Å"Ned,† she called softly. He lifted his head to look at her. â€Å"Catelyn,† he said. His voice was distant and formal. â€Å"Where are the children?† He would always ask her that. â€Å"In the kitchen, arguing about names for the wolf pups.† She spread her cloak on the forest floor and sat beside the pool, her back to the weirwood. She could feel the eyes watching her, but she did her best to ignore them. â€Å"Arya is already in love, and Sansa is charmed and gracious, but Rickon is not quite sure.† â€Å"Is he afraid?† Ned asked. â€Å"A little,† she admitted. â€Å"He is only three.† Ned frowned. â€Å"He must learn to face his fears. He will not be three forever. And winter is coming.† â€Å"Yes,† Catelyn agreed. The words gave her a chill, as they always did. The Stark words. Every noble house had its words. Family mottoes, touchstones, prayers of sorts, they boasted of honor and glory, promised loyalty and truth, swore faith and courage. All but the Starks. Winter is coming, said the Stark words. Not for the first time, she reflected on what a strange people these northerners were. â€Å"The man died well, I'll give him that,† Ned said. He had a swatch of oiled leather in one hand. He ran it lightly up the greatsword as he spoke, polishing the metal to a dark glow. â€Å"I was glad for Bran's sake. You would have been proud of Bran.† â€Å"I am always proud of Bran,† Catelyn replied, watching the sword as he stroked it. She could see the rippling deep within the steel, where the metal had been folded back on itself a hundred times in the forging. Catelyn had no love for swords, but she could not deny that Ice had its own beauty. It had been forged in Valyria, before the Doom had come to the old Freehold, when the ironsmiths had worked their metal with spells as well as hammers. Four hundred years old it was, and as sharp as the day it was forged. The name it bore was older still, a legacy from the age of heroes, when the Starks were Kings in the North. â€Å"He was the fourth this year,† Ned said grimly. â€Å"The poor man was half-mad. Something had put a fear in him so deep that my words could not reach him.† He sighed. â€Å"Ben writes that the strength of the Night's Watch is down below a thousand. It's not only desertions. They are losing men on rangings as well.† â€Å"Is it the wildlings?† she asked. â€Å"Who else?† Ned lifted Ice, looked down the cool steel length of it. â€Å"And it will only grow worse. The day may come when I will have no choice but to call the banners and ride north to deal with this King-beyond-the-Wall for good and all.† â€Å"Beyond the Wall?† The thought made Catelyn shudder. Ned saw the dread on her face. â€Å"Mance Rayder is nothing for us to fear.† â€Å"There are darker things beyond the Wall.† She glanced behind her at the heart tree, the pale bark and red eyes, watching, listening, thinking its long slow thoughts. His smile was gentle. â€Å"You listen to too many of Old Nan's stories. The Others are as dead as the children of the forest, gone eight thousand years. Maester Luwin will tell you they never lived at all. No living man has ever seen one.† â€Å"Until this morning, no living man had ever seen a direwolf either,† Catelyn reminded him. â€Å"I ought to know better than to argue with a Tully,† he said with a rueful smile. He slid Ice back into its sheath. â€Å"You did not come here to tell me crib tales. I know how little you like this place. What is it, my lady?† Catelyn took her husband's hand. â€Å"There was grievous news today, my lord. I did not wish to trouble you until you had cleansed yourself.† There was no way to soften the blow, so she told him straight. â€Å"I am so sorry, my love. Jon Arryn is dead.† His eyes found hers, and she could see how hard it took him, as she had known it would. In his youth, Ned had fostered at the Eyrie, and the childless Lord Arryn had become a second father to him and his fellow ward, Robert Baratheon. When the Mad King Aerys II Targaryen had demanded their heads, the Lord of the Eyrie had raised his moon-and-falcon banners in revolt rather than give up those he had pledged to protect. And one day fifteen years ago, this second father had become a brother as well, as he and Ned stood together in the sept at Riverrun to wed two sisters, the daughters of Lord Hoster Tully. â€Å"Jon . . . † he said. â€Å"Is this news certain?† â€Å"It was the king's seal, and the letter is in Robert's own hand. I saved it for you. He said Lord Arryn was taken quickly. Even Maester Pycelle was helpless, but he brought the milk of the poppy, so Jon did not linger long in pain.† â€Å"That is some small mercy, I suppose,† he said. She could see the grief on his face, but even then he thought first of her. â€Å"Your sister,† he said. â€Å"And Jon's boy. What word of them?† â€Å"The message said only that they were well, and had returned to the Eyrie,† Catelyn said. â€Å"I wish they had gone to Riverrun instead. The Eyrie is high and lonely, and it was ever her husband's place, not hers. Lord Jon's memory will haunt each stone. I know my sister. She needs the comfort of family and friends around her.† â€Å"Your uncle waits in the Vale, does he not? Jon named him Knight of the Gate, I'd heard.† Catelyn nodded. â€Å"Brynden will do what he can for her, and for the boy. That is some comfort, but still . . . â€Å" â€Å"Go to her,† Ned urged. â€Å"Take the children. Fill her halls with noise and shouts and laughter. That boy of hers needs other children about him, and Lysa should not be alone in her grief.† â€Å"Would that I could,† Catelyn said. â€Å"The letter had other tidings. The king is riding to Winterfell to seek you out.† It took Ned a moment to comprehend her words, but when the understanding came, the darkness left his eyes. â€Å"Robert is coming here?† When she nodded, a smile broke across his face. Catelyn wished she could share his joy. But she had heard the talk in the yards; a direwolf dead in the snow, a broken antler in its throat. Dread coiled within her like a snake, but she forced herself to smile at this man she loved, this man who put no faith in signs. â€Å"I knew that would please you,† she said. â€Å"We should send word to your brother on the Wall.† â€Å"Yes, of course,† he agreed. â€Å"Ben will want to be here. I shall tell Maester Luwin to send his swiftest bird.† Ned rose and pulled her to her feet. â€Å"Damnation, how many years has it been? And he gives us no more notice than this? How many in his party, did the message say?† â€Å"I should think a hundred knights, at the least, with all their retainers, and half again as many freeriders. Cersei and the children travel with them.† â€Å"Robert will keep an easy pace for their sakes,† he said. â€Å"It is just as well. That will give us more time to prepare.† â€Å"The queen's brothers are also in the party,† she told him. Ned grimaced at that. There was small love between him and the queen's family, Catelyn knew. The Lannisters of Casterly Rock had come late to Robert's cause, when victory was all but certain, and he had never forgiven them. â€Å"Well, if the price for Robert's company is an infestation of Lannisters, so be it. It sounds as though Robert is bringing half his court.† â€Å"Where the king goes, the realm follows,† she said. â€Å"It will be good to see the children. The youngest was still sucking at the Lannister woman's teat the last time I saw him. He must be, what, five by now?† â€Å"Prince Tommen is seven,† she told him. â€Å"The same age as Bran. Please, Ned, guard your tongue. The Lannister woman is our queen, and her pride is said to grow with every passing year.† Ned squeezed her hand. â€Å"There must be a feast, of course, with singers, and Robert will want to hunt. I shall send Jory south with an honor guard to meet them on the kingsroad and escort them back. Gods, how are we going to feed them all? On his way already, you said? Damn the man. Damn his royal hide.†