Right, Duty and Obligation/Responsibility a Search for Ethical Free Essays

string(54) " in violation of the law or any attendant obligation\." 1 RIGHT, DUTY AND OBLIGATION/RESPONSIBILITY: A SEARCH FOR ETHICAL FUNDAMENTALS By Dr. Ani Casimir K. C 2 1) Introduction: Immanuel Kant gave philosophy four fundamental questions with which it is to concern itself and they are: (1) What can I know? ; (2) What is man? ; (3) What can I hope for, and, (4) Finally, what ought I to do. We will write a custom essay sample on Right, Duty and Obligation/Responsibility: a Search for Ethical or any similar topic only for you Order Now The latter—‘what ought I to do? ’ is the central subject of ethics,or what is variously called moral philosophy or philosophy of morality. With the concepts of ? right‘, ? uty‘ and obligation‘ and responsibility, we move into the science of ? oughts‘ that define the moral foundation of human society and the stability of its social fabric. The Kantian challenge here is that before we can build a morally strong and ethically virile social order the citizens should know the fundamentals of ? righteousness‘ or the values that build a right and moral citizenship who knows his rights, carries out his duties and compels the state, within the bounds of a good moral-legal order, to fulfil its obligations to the citizens. Before we can delve into the meaning of the terms– right, duty, obligation,and its allied responsibility, let us carry out a brief survey of what is meant by ethics or science of morality. 2) Ethics – A Brief View: A lot of people fail to appreciate the fact that back in antiquity, ethics did not constitute an independent study as such,but was part of a bigger course of study. For it was simply known in classical antiquity as the science of ? worth’ or ‘value’ so that what was popular was the study of ? axios’ and not ? ethos‘. Axios’ translates to a meaningful 3 expression ? to be worthy‘ root word for axiology – a more popular science than ethos – the root word for ethics. Ethics meant ? character or the custom‘ so that one can talk about individual character being good or bad and a society‘s custom could be worthy or not. Axiology as the science that propels society and guides her as to what is v aluable, worthy or honourable came from the Greek; it determines and properly classifies the subjects and disciplines which are worthy of being pursued, engaged in or discussed by citizens. From such discussions emerge values which are worthy of emulation by citizens and the state and are classified and codified accordingly. Over time such classifications and codifications became a study and was called ? ethics‘ – or ? worthy of character or valued behaviour. ‘ Professor Egbeka Aja also threw light upon the origins of the ethical science when he did a supportive expose in his book ? philosophy: An Introduction’: ‘Axiology is from the Greek: Axios meaning worthy, of philosophy and logos,meaning discourse. This is the branch that deals with values – both intrinsic and extrinsic values. Values are described as intrinsic when they are pursued for their own sake; while extrinsic values are pursued as a means to other ends. For instance, education can be said have intrinsic value when it is aimed at the improvement of man. It can be said to have extrinsic value when it seen as a means to attaining political power or to acquire material wealth. Axiology can be conveniently divided into the following sub-branches– ethics, aesthetics, social and political philosophy, philosophy of law and education†¦(1) 4 One seminal distinction that has emerged from this classical history is that ethics was only part of a bigger discipline that included law, politics, education and aesthetics. Except in Indian universities, Britain and some Middle Eastern schools, the study of axiology as the science of values (i. e. human values) have almost disappeared. In its place, ethics – its sub-branch– is taking the centre stage as the ? worthy‘ discipline of value for the society. The word ethics comes from the Greek root word – ethos- ? eaning custom or characte’r, defined by professor Aja as: ‘that branch of axiology which is sometimes called moral philosophy. It deals with the values concomitant with human conduct and human character. Ethics should be distinguished from morals or morality. The morals or morality of a person or society are the sum total of all the moral judgements (or moral beliefs or moral beliefs implicit in certain acts or behaviour) of that perso n or society2 3 Right In an ethical sense, a right is any action by man in society seen and interpreted to be into tune with the moral law of a people in such a society. At this juncture, we readily see that right makes us to remember the idea of duty. The concepts of justice, right and fairness, stand to each other as correlatives. But in a legal sense, a right translates into ? a claim which a person can make against others with the backing of the law. The person pressing for a claim to secure his right does so with explicit or implicit knowledge that the law recognizes that right and will justly rationalize his claim to award a compensation where necessary‘. An ethical right must conform to not only the moral law but also to the principles of natural rights embedded in natural law. On the other hand, legal rights must conform to the principles of positive rights whose validity derive from the positive law or the man-made law of the state. Currently there is an increasing movement for the establishment 5 of an African legal system or jurisprudence which will be based upon not only what the law is (positive law) but also what the law ought to be (African public moral values). A June 2008 international conference with the theme ? the law and Africa‘ organised by the Department of Philosophy University of Nigeria, centred upon exploring such possibility of harmonizing state law and African public morality in a new African jurisprudence. Conceptually considered, a right is a moral power that a person possesses to do something, to keep something and to exact something from another so long as the action is not in violation of the law or any attendant obligation. You read "Right, Duty and Obligation/Responsibility: a Search for Ethical" in category "Papers" 4 My right, as Dr. Ani Casimir, as a citizen of the Universe and Nigeria in particular could be used to illustrate the morphology of somerville‘s conception of what is a right: Dr. Ani has a right to do something, to keep something, and exact something provided in so doing Dr. Ani does not disregard the rights of others or their interests. So in essence, Dr. Ani‘s right and his enjoyment of them must end where the rights of other members of the society starts. 5 A right is judged by its impact upon the interests of mankind. When a right has a good effect upon others‘ interests it is alled just rights. Otherwise, it is called an unjust right, when it does not promote the well-being of man in the direction of life, liberty, health and reputation. Just rights are interests recognized and protected in law for which people are accordingly punished when they are violated. Violating any of them both in ethics and the law constitutes what is defined as ? wrong’. In other words, when we violate a right we are ? wrong‘ and the law states the punishment for those who have become wrong doers, that threaten the stability of the social order. It becomes immediately clear from the discussion above that we can categorize a right into that of 6 the moral and the legal order. What determines whether a right is classified as moral or legal depends a lot upon its nature, the nature of its source and the importance with which the society within which it operates attaches to it. A moral right invokes a correspondent duty whose violation by the moral agent is against the principles of natural justice. But a legal right is prescribed, recognised, known and protected by the law (positive law). Moral and legal rights are performable and enforceable only within human society and between persons since human beings are rational beings with intelligence to know them and guide their actions accordingly. In what I have insistently decided to call ‘moral sphere’—the stability of subsisting atmosphere of moral values in every society—every right has a corresponding object to which it must perforce relate to. This object makes it possible for the owner of the right to identify and claim his interest, protected and given recognition by the law of the state and the social conscience of the public. The object could either be material, immaterial or even services. In the context of human rights, this is what I define as a social, economic, political or an even environmental benefit, advantage or a constitutional entitlement. Rights can also be classified as either perfect or imperfect. A right is perfect if it corresponds to a duty that is in turn recognized and enforced by the law. A perfect right has both moral and legal correlatives in its source, recognition and execution. In otherwords, we are talking about a moral power that makes a law of society to b enforceable. For according to Nyasani: The enforceability here means that an action, and or criminal, will be taken against a person in breach of it, and if need be, judgement will be executed against him using physical force of the state. where a right is recognizable by the law, the state using its machinery, will have an interest in making sure that the 7 duty of respecting that right is enforced resorting to physical compulsion if necessary. 6 A right can also be classified as either positive or negative. According to the positive right perspective, it enables an individual to receive something more than he already has, whereas under the negative right perspective, the individual goes on to retain what one already has, such as the right to money in his pockets. 7 Another classification of rights is real rights as against personal rights. Real rights (jus in rem) entitles one ? to require that a duty is imposed upon all other persons to respect that person‘s interest? 8 On the other hand, personal rights(rights in personam) ? imposes a duty on a particular or determinate person or persons to respect the other‘s legally protected interested? Professor Nyasani illustrates this new classification with a telling example: My right to the occupation of my house or vehicle is in rem in the sense that all other people†¦ have to respect that right and the interest I have in the house or vehicle if on the other hand, I have my house to a tenant for occupation, the arrangement of its lease and use in between me and him exclusively and that arrangement does not directly enteret other people†¦ this kind of jus in personam which exclusively avails against no other persons but the tenant alone imposes a duty on the tenant to comply with the interert in the property ;eased to him. It is a person to person arrangement which creates an obligation on the party accepting the offer of lease hence personal and not real right with its attendant obligation; on the world at large†¦108 Rights can also be referred to as proprietary and personal if they relate to the person‘s estate, assets and property or to his status or personal condition. 11 Property rights are convertible to monetary values while personal rights relate to status and cannot be converted into money or made an object of commercial exchange. The latter cannot be taken away by any body. This is why such personal rights relating to 8 reputation and the integrity of the human person are described as inalienable and not transferable. On the other hand, proprietary rights are transferable 3 What is a Wrong? As we can see from the foregoing discussion, a right– moral or legal- has several classifications and it is the heart and soul of justice as a virtue. At the opposite end of that pendulum where the first position is occupied by right is what is known as wrong or injury. Just as we did with right, a wrong could be moral or legal in its texture. A moral wrong is an act that is repugnant and contrary to the accepted morals of a community; it is a natural wrong which need not always be a legal wrong10 On the other hand a legal wrong is any act forbidden by law and therefore not contrary to rules governing the proper administration of justice by the state. 11 A legal wrong may not necessarily be a moral wrong. In Britain, for example, the law prohibits the killing of wild games as meat by citizens. But naturalized Nigerians who are living there in Britain are home to a common African delicacy we call ? bush meat‘ as a delicacy. By consuming bush meat Nigerian – Britons who live have committed no moral wrong but they have violated a law prohibiting its consumption in Britain. A legal wrong: don’t kill nor eat wild games; if you do so, it is legally wrong and punishable. 4 Duty/obligation The complexity found in ethical discourses and subjects is fully consummated in the twin concepts of duty and obligation. But we shall attempt to dissemble the complexity through the simple process of marrying the concepts of duty with obligation and drawing out its meaning in bits followed with illustrations. 9 The word duty also comes variously as devoir, il dovere, pflicht or obligation. Duty has to do with the rightness of human actions regardless of whether it has happiness as its goal. Man is seen as having a duty, to live a life of virtue whether it conduces to his happiness or not. In other words, happiness is not that goal of duty but it is what we must do because we have to do it – either in accordance with personal conscience, public morality or the demands of the law. Duty is seen by many ethical scientists as a necessity in human moral conduct that helps to establish a moral society. For Immanuel Kant, duty is relegated to the higher order of the categorical‘ as against conditional or hypothetical imperative – that which we must do when and whenever we are called upon to do it: The categorical imperative makes it the supreme, absolute moral law of all rational, self-determining beings and in such a way that we (as human beginsare able to act on maxims which can at the same time have for their object themselves as universal laws of nature†¦ it posits the necessity of action at an end in itself and not as a possible action posing as a means to something alse that is alled or might be willed†¦12 Kant insists that if there is something whose existence has in itself an absolute worth, that is, something which is an end in itself, that same thing, pursued for its own sake, must become a source of definite laws and that inversely will be the source of a possible categorical imperative13. Kant gave the concept of duty to a humanity that makes public morality a desirable ethical inevitable good for the state and for its citizens a good worthy of being pursued. According to professor Nyasani: The objective principle is that the categorical imperative is beween the supreme practical law and the source of all laws of the will. In this sense then the practical imperative will require everyone of us to act in such a way as to handlet the rest of humanity in the most charitable manner possible so as to see them as an end in themselves and never as a means to an end. It is every one’s duty as a rational being to treat others in the same way as he would like them to treat him. This is the community that Kant so elaborately preached and practised14. 10 We can glean the core idea of duty from the trend of our discussion – duty is a kind of obligation we owe to ourselves, to others and to the society of which we are a members. But duty is a special kind of obligation: Duty as an obligation entails some kind of necessity†¦ not physical necessity by sheer implied command rolled up in the categorical must. It is a moral necessity imposed upon the human – will that ultimately derives its validity and force from the law of human nature which in term upon the eternal law of the author of creation15 5 Duty as Obligation: Duty comes across as a kind of obligation which is fundamental and basic to ny other responsibility we owe to any one because of its divine and natural correlates. As an obligation it comes either as a natural (moral) or legal category. We have a moral duty to obey our parents and not to steal from our neighbour. A moral duty and a legal duty could coincide in the burden imposed upon the individual citizen. If I steal from my neighbour, for example, I could get legal positive measures as punishment. Also, my neglect of my parents could attract social sanctions. So it is the rules that govern particular duties given recognition by their generators (makers) that will make a particular duty either moral or legal. Lacey gives an etymological conception to duty when he relates duty to ? ught obligation, duty-connected to others;‘ we ought‘ suggests a gap which ought to be filled . Obligations are primarily moral or legal. They are also always traced to some moral agent. 16 As against obligation, duty is primarily connected with roles, whether or not there are voluntarily undertaken. Duties tend to be of longer standing and not as ad-hoc as obligation: one meets one‘s obligations as one incurs them, but does one‘s duty or discharges as one incurs them in the normal course of things17 . 11 A ccording to Lacey they have similarities: ?duties and obligations are therefore special kind of things we always ought to perform them since they may be overridden, whether by other duties etc or even by something non-moral 18. Kant, however, has distinguished perfect duties which were absolute and could never be over ridden by other duties or even by, inclinations. As against object of material duties, we have also subjective or putative duties19 which are ? what we think we ought to do? 20 while material duties are ? what we really ought to do21. Finally, we can say with regard to duty that it is an ontological impulse which compels us (by the power of conscience) to act in a particular way, refrain from doing something which could harm or dismay another citizen from enjoying his or her own rights. The object and subject of duty is justice, doing right to oneself and to all . rofessor Nyasani‘s own conception tallies with my dialectical linkage of duty and conscience: It is a positive moral intuition that links in our subconscious conscience that drives an individual to make a crucial decision vis-a-vis the enhancement, protection and preservation of the self and by extension that of the community w hich happens to be the object of any legal legislation and moral norms22. Duties arise from the relationship of parties – say between father and son, husband and wife, duties also arise from commands given to citizens under a statute say tax return. Duties equally arise from contracts for which non-performance may lead to serious damage to public interest. 12 6 Responsibility: How does one‘s duty translate to one‘s responsibility? If I say that I have an obligation to perform a particular task or carry out an action ,can we say it is the same thing as saying that ? I have a responsibility to perform the same task or carryout the action. These questions throw more light on the law segment of our discourse, seeking to know the relationship between a person‘s moral actions, duty and responsibility . what is the single element that holds the three moral concepts together? The word is accountability23. According to Wallace ? responsibility designates a person‘s moral accountability for his actions. The same general idea is expressed by the related term imputability – as a quality of actions, facts or consequences by which they are attributable to an agent, and responsibility is the quality of the agent to which they are attributed. 24 Responsibility can be applied ethico-legally in the following three ways: 1) Descriptive Employment 2) Prescriptive usage 3) Ascriptive application 1) Descriptive Employment: This is the expression of a cause- effect relationship between an agent and an action or a consequence, without implying anything with regard to the ethical character of the act. 2) Prescriptive Usage: This is an expression of a moral obligation bidding one to do or to avoid doing something. For example, when Peter tells his friend Emeka – Emeka it is your 13 responsibility to take care of your parents in the village? It becomes an objective responsibility which Emeka carries for his parents in the village. 3) Ascriptive Application: The term ascribes blame or credit to an agent who acts with or without due conformity to moral norms of conduct. This portrays a more personal and subjective sense of responsibility different from the prescriptive model above. In all moral situation in which the sense of responsibility is questioned, ascertained, prescribed, ascribed or described, before and after the actions, there is a problem introduced when it is no longer a question of one moral agent but two or more agents committing a particular moral action. The name given to that problem is ? cooperation‘ – how to ascertain the degree of responsibility of the agents in carrying out the action. For example, a dead one can aid another living agent to commit evil, but is no longer living. A situation when an agent shares in the intention and modus of an action is defined as formal cooperation. While in a situation such an agent does not share in the intention and refuses to participate on the modus of the action is known as material cooperation because he may unintentionally do something that will lead to the committing of the evil. Conclusion: In dealing with the concept of right, duty, obligation and responsibility as ethical considerations, we have basically dealt, as briefly as we could, with the levers of morality, which is defined as the quality attributable to human action by reason of its conformity to rules according to which it should be regulated. 25 This means that there 14 is, in every society, a subsisting standard to which every human action can be measured. It also means that man is responsible for his moral actions and the consequences. Hence every citizen has a right which the state and every other citizen owe a duty to protect, cherish and promote as an ethical and legal obligation. The moral principles exposed under this chapter become the ethical foundations for the global experience which we define as human rights – which will be treated under another heading in another project. Notes 1 Aja Egbeke, Philosophy: An Introduction, Eungu, Auto century †¦ Ibid p. 13) 2 publishing co Ltd, 1991, p. 12 3 Nyasani; J. M. Nairobi, consolata institute of philosophy press, 1995, 255 4 Ibid 5 Nyasani, Ibid see also Somerville, Francis, Christ is king: A manual of catholic social Doctrine (catholic social Guild, oxford, 1962) p. 12. 6 Ibid pp 29-31 Salomon, John jurisprudence ed. Brullians, London, sweet and maxawell Ltd, 1957, pp 265-266. 8 Ibid 9 Ibid 15 10 Ibid 11 Ibid p. 33 12 Ibid p. 35. 13 Ibid 14 See also imanuel Kant, â€Å"fundamental principles of the metaphysics of morals† oxford, the Clarendon Pr ess, 1954 pp 85-110 15 Nyasani, cit p 22). 16 Ibid p 23 17 ibid 18 Lacey, A. R. A dictionary of philosophy)London, rout ledge and Paul,1976, pp. 148 – 151 19 Ibid p 150. 20 Ibid 21 Ibid 22 H. N. Castanenda Imperative, duties and moral ought, Australian Journal of philosophy, 1966 pp 50-120. 23 Nyasani, Ibid p 24 24 Wallace, W. the elements of philosophy, New York, Alba, House, 2008, p. 53. 25 Wallace, 162 How to cite Right, Duty and Obligation/Responsibility: a Search for Ethical, Papers

Immigration Law

Questions: 1. A critical analysis on European Union convention of human right 1950.2. Discuss the relation between European Union Convention of human right 1950 and Immigration Act, 2014. 3. Asylum application For Burain Answers: 1. European Union convention of human right 1950 Introduction: Article 8 of theEuropean Convention on Human Rightsdeclared a right to respect for a persons private and family life, subject to certain limitations according to the law. Right to private life and family life is a basic right of any individual. Sometime state law acts in contravention with the International laws. The Immigration Laws are somehow in contravention with Art 8 of the convention. So this kind of contradiction between laws makes various complicacies. Though the new Immigration Act, 2014 included the provisions which matches the provisions of Art 8 of European Union convention of human right 1950. A critical analysis: Theright to private lifemeans personal independence. This right give the power to take own decision about own life without states interference (Harris, O'Boyle and Warbrick, 1995). This right helps a person to expand personality and to set up associations with others. The right to private life includes the physical and mental reliability of a person, sex life, sexual category, individual data, status, names and photographs (Echr-online.info, 2015). The concept offamily lifeincludes the legally recognized ties among the persons who are connected by blood or marriage (Harris, O'Boyle and Warbrick, 1995). Generally we can give main focus on the relation between husband and wife or parents and children or between the siblings. But the relation with grandparents or grandchild or relation with uncle or aunt can also be included. Theright to respect for correspondenceunder article 8 gives emphasis on the right to free and continuous communication. Although the term correspondence might be referred to letters only, but article 8 intent to include the protection to communication through the telephone, parcels, telexes or fax (Echr-online.info, 2015). But the rights are not unlimited they are also subject to some restriction according to law. The term in accordance with law mentioned under article 8 of this convention includes some criteria for examination. They are accessibility of law; that law should be foreseeable and the interference must be necessary for the society. Accessibility of law under this purview means that interference to a right under article 8 has to be openly accessible. Citizens have to be able to find information regarding their rights which may be hampered. The law must be foreseen means the language of law must be unambiguous. It must be understood by public. Different case studies make indicate a clear overview about the applicability of Article 8 of European Union convention of human right 1950 (Curtice, 2010). In Smith and Grady v United Kingdom (Smith and Grady v United Kingdom, [1999]) case it was happen that Smith; the petitioner was an employee of the Royal Air Force. In 1994, a lady called the air force authority and alleged that Smith was a lesbian. She also alleged that smith sexually harassed other callers. The authority questioned smith and she admits the fact. The service police asked her to submit details of her sexual life, forced her to disclose the names of her partners and questioned about her HIV status and other particulars. After few months the authority discharged her from the service. The British government accepted that there was an interference with the right to a private life prescribed under Article 8 of European Union convention of human right 1950 (Mowbray, 2007). The court decided the case in the question whe ther such interference was justified or not. The court accepted the fact that the British Government had not give proper evidence and heavy reasons for the investigation of the applicants sexual orientation therefore decided that there was an infringement of the right to a private life described in Article 8 of the European Convention of human right 1950 (WEHMEIER and Press, 2015). In another leading case i.e. Silver and others v. The United Kingdom, (silver and others v. the United Kingdom, [1980]) similar type of matters are decided. In this case the petitioners were prisoners. They alleged that the prison authority intercepted of their letters. They sent letters to their advocates, family members, broadcasting organisation, newspapers, reporters etc. Generally interception of mail violates the right of private life in addition to the right to freedom of expression, but if that act was necessary or not, that was the determining question for this case. Later it was found by the court that some letters contains threats of violence. But court also added that a mere addressing of the mail to reporters or advocate or, human rights authorities, or that the letters discussed abuse in prison could not be measured as necessary (Mowbray, 2007). In a case of Birmingham City Council v. Clue (Birmingham City Council v. Clue, [2010]) it was happened that the woman and his daughter who were the native of Jamaica entered UK as a visitor for 6 months. The object was to visit some relative there. She remained there and also had 3 children of her British partner. She remained there until the relationship was broke down with her partner (Bailii.org, 2015). After that she applied for indefinite leave for herself and her children under Article 8 of European Convention on human rights. During the pendency of the application she applied for financial assistance from Birmingham city council (Bailii.org, 2015). But the council suspended it on the ground that she was unlawfully resides in United Kingdom. It was held that the refusal by Birmingham City Council to supply financial support and accommodation while the immigration request was pending resulted in a infringement of article 8 of the European Convention of Human Rights. Proper inves tigation should be made by the authority before the taking any decision. Illegal immigrants have restricted chance to obtain employment and are hardly ever permitted to public assistance if they are jobless (Bell, 2014). 2. Relation betweenEuropean Union Convention of human right 1950 and Immigration Act, 2014 Section 19 of theImmigration Act 2014uplift some issues which questions about the roles of courts in accordance with human-rights (Elliott, 2014). Section 19 of the 2014 Act introduced a set of new provisions into theNationality, Immigration and Asylum Act 2002 in which courts deal with cases of deportation which are resisted on the ground that the provisions are in contravention to Article 8 of theEuropean Convention on Human Rights (Cvetic, 1987). After several problems the question raises that whether the new Act require UK courts to decide cases in accordance with Art. 8. Definition of a refugee: The definition of a refugee under the 1951 CSR (or the Geneva Convention) under Article 1 was in this manner that refugee is a person who has fear of being harassed for the reason of nationality, religion, caste, creed or political activity. For this reason he is unwilling to return to his home country. Economic migrates are different from refugee. Definition of asylum seeker in UK law: The NIAA, 2002 defines Asylum seeker. A person considered to be an asylum seeker if his age is 18 years or more, he is presents the United Kingdom, the want for asylum has been made by him at a place selected by the Secretary of State, the Secretary of State has recorded the claim. Claim must show that the removal of that person must violate UKs responsibility under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its protocol, or Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms settled by the Council of Europe. Thus, the 1951 Convention and the European Convention on Human Rights remain the foundation of UK Asylum laws. EU Qualifications Directive: Even if a person is not allowed to the protection under the Refugee Convention or Article 3 of the ECHR, he can pursue the claim under the broader Qualification Directive. On 9 October 2006, fundamental changes to the Immigration Rules were introduced, which start an extraordinary detail the criteria for granting asylum or humanitarian protection in the UK. The new Rules are based on Council Directive 2004/83/EC (the 'Qualification Directive' which is inserted in domestic law by the Refugee or Person in Need of International Protection (Qualification) Regulations 2006 (SI 2525/2006). The new provisions in Immigration Act, 2014: Previously section 19 of Immigration Act leads frustration to the Government of UK. The main issue was relating to the deportation of foreign criminals. The new provision in 2014 Act indented to indicate this problem. The provision of Public interest is the area of attraction. The Government can take decision regarding the deportation if it involves the question of public interest. The new legislation claims that it is in the public interest that there should be an efficient system of immigration management, along with that its better that the immigrants can speak English and they must be financially independent. The Act says that importance should be preserved to private life and relationships that is established by an individual at a time when that individual is in the United Kingdom without authorization. The new provisions are more rigid in relation to foreign criminals. The public interest must be taken into consideration in case of deportation. The more serious offence involves more question of public person. The Act creates a difference between the persons who are sentence for 4 years and more and person who gets the sentence less than 4 years. There are two exceptions for the deportation of criminals whose punishment is less than 4 years. Firstly, the individual has been lawfully resident in the United Kingdom for maximum span of his life. Along with that he is socially and culturally incorporated towards the nation, and there would be very prominent obstacles to his incorporation into the country to which he is going to be deported. Secondly, the individual has a authentic relationship with a qualifying partner, with a qualifying child, parents and the deportation affects the partner or child very cruelly. Non- Refoulement: The foundation of international refugee is the principle of non-refoulement. This is measured as a very important right under international human rights law. The duty of non-refoulement (Art 33 of CSR 1951) directs States not to return refugee to areas where his or her life would be at danger. The convention is the concept of non-refoulement i.e. the prohibition of remove a refugee and compels to return to a country where his life or freedom would be in danger on account of his race, religion, nationality, membership of a particular social group or political opinion. Conclusion: The harmonization between state and international law is very much necessary. Otherwise people will suffer the problem. UKs new law, The Immigration Act, 2014 somehow lesser the controversy with Art.8 of the convention. Now the prime point to determine before deportation is public interest. . Right to private life and family life is given importance by the immigrations laws. 3. Asylum application for Burian To Office in charge Asylum Screening Unit of United Kingdom Croydon, United Kingdom Application for asylum Dear officer, I represent Burain, a citizen of Ukraine who lived in Sebastopol till 2013. He is an eligible and deserving candidate for asylum under section Article 3 of EU convention on human right 1950, article 33 of convention on the statue of Refugees 1951 and Article 15(c) of the EU Refugee Qualification Directive 2004. On this behalf I submit this memorandum and other supplement document in support of his application of asylum. Factual Summary: Burain is a Ukraine National who lived in Sebastopol till 2013. He lived there with his family. In 2014 February; Russia started to send troops of military apparatus towardsUkraine. Russian backed rebel have expelled him from his village. He is homeless now. He feared that he will face danger of his life because he is ethnic Ukraine who at first confidentially supported Crimean independence from Ukraine. His brother and family supported pro Ukraine. But now they are missing. He is now fears that he may be targeted next because of the political view of this brother and family. For this above mention cause Burain seeks asylum in United Kingdom. Condition of Ukraine: Started from Crimean crisis, the military with unclear authorization intended to take control over the territory of Crimea.Putin originally denied the whole activity of Russia but afterward admitted it that Russian troops were influential in Crimea Now for the militant attacks in Ukraine disturb the life of the citizen and it also became dangerous for the people there. Applicable Laws Article 3 of EU convention on human right 1950 provides the prohibition of torture to the human being (Greer, 2006). In a famous case called Bamber Case it was happened that he was a UK prisoner and won an appeal to the European Court of Human Rights. He was sentenced for whole life without parole. The court said that it was a contravention to the Article 3 of European Convention of Human Rights 1950. UK government is now forced to review the sentence. Convention on the statue of Refugees 1951: According to the definition from of convention on the statue of Refugees 1951a refugee as is individual who due to fear of being victimized on the ground of race, faith, nationality, association of a social group or for observing a particular political opinion is unable or, is unwilling to return to his native place. This Article has a unique feature. It talks about the principle of non- refoulement. This protects the refugees right of protection against forceful return. This Article states that no state can expel or sent bact a refugee whose life is in danger at his own country or territory. The cause can be political or can be social or any other reason (Clayton, 2004). It is extensively established that the prohibition of forcible return is division of customary international law. It implies that the States that are not a party to the Refugee Convention, 1951, also obey the principle of non-refoulement. Therefore, it is clear that the States are also compelled under the Convention as well as customary international law to maintain the principle ofnon-refoulement. Whenever, this principle is in danger, UNHCR can take action by intervening with proper authorities, and if it thinks essential, can inform the public (Simeon, 2013). Asylum law in the UK: After Germany, United Kingdom is the most favorite target for asylum seekers. Asylum laws are considered to be the part of immigration law but it can be differentiate in other aspects. Refugee laws are mainly derived from the international laws but applicable domestically. Mainly it comes from United Nation CSR1951, amended in 1967. UK ratified this. Along with this several provisions of the European Human Rights Convention on Human Rights are relevant and have been the foundation for the European Court restructuring immigration decisions of State parties. The 1993 and 1996 Asylum and Immigration Acts marked as first open acknowledgment of the obligations of UK under Geneva Conventions. R (European Roma Rights Centre) v Immigration Officer at Prague Airport[2004]UKHL 55is a asylum case of UK relating to Article 33 of theConvention Relating to the Status of Refugees. The fact of the case is that Romas are the people who are the in more and more time refused to enter to the United Kingdom under the British rule and policy relating to immigration. If state officials determined that the passengers would seek asylum after they arrived, they immediately refused the entry. The ERRC brought this action against this kind of action alleging that it is a direct discrimination to a cluster of asylum seekers. Roma experience discrimination at their territory. The claimants argued that the Government, represented by Greenwood QC, was violating its international duties. TheCourt of Appeal could not find any discrimination. The House of Lords held the procedure was naturally and methodically biased and contrary tosection 1(1)(a) Race Relation Act, 1976.Roma were intentionally quest ioned because the officers had knowledge that generally all Czech asylum seekers were Roma. So, they were treated less sympathetically on racial grounds that are a direct contravention of domestic and international law. The main question raised in this occasion is that when there is single law then why a particular race will be treated less favorably. The ground discrimination was race. So this motive is totally void. The main object of legislation is to promote each persons equal right. There should not be any discrimination is the ground of race, sex, colour, creed etc. when the legislation itself is a non discriminatory one then it is unlawful on the part of the officials. But after different opinion of the judges the appeal was failed. The majority of the panel thought that there was no international law that is essentially required the Roma to be permitted into the country prior to they give application for asylum. The failure of the State to provide adequate protection to an a sylum seeker was an essential part to constitute maltreatment under Art.1A (2) Geneva Convention on the Status of Refugees 1951. EU Refugee Qualification Directive 2004 This Article also protects the right of the refugees. This Article talks about the condition of serious harm to a human being. According to this Article serious harm consist of death penalty of execution; secondly it includes inhumane and dangerous torture or punishment of the applicant from a country of origin (Vrachnas, 2005). Finally it includes serious and personal threats to a citizens life for the reason of random violence and attack in the country (Clayton, 2005). HJ (Iran) and HT (Cameroon) vSecretary of State for the Home Department In this case it was determined by theSupreme Court of the United Kingdomrelating to two individual who are the native ofIranandCameroon. They claimedasylumin theUnited Kingdomfor their homosexuality as the ground. The persons appeal was rejected previously on the ground that they could not face harassment in their own nation if they would hide their sexuality. Interventions were prepared by theEquality and Human Rights Commissionand theUnited Nations High Commissioner for Refugees. Both of this Gay man of Iran and Cameroon arrived at UK but arrested by the police for using false passport. After that they claim asylum. It was held that the individual could not be likely to hide their sexual desire and that it was erroneous to apply prudence test in this situation. Both the cases then sent for reconsideration according to the recommendation given in judgment. Asylum in the United Kingdom is maintained by theUK Border Agency but they refused asylum in both cases. The Court of Appeal observed that theAsylum and Immigration Tribunalwas permitted to locate that HJ was likely to bear the requirement for prudence on his depart to Iran, so there was no case of asylum. The Court observed that HT also unable to prove the requirement for asylum. The Court held that on this basis both of them are entitled to return to their native country of origin. Grounds for application: Burains family believes in a particular political opinion so he can in danger if he returns to the country of origin. So he wants protection under article 33 of convention on the statue of Refugees 1951. There is an improved dependence on the ECHR in asylum cases. It can be stated that there is a risk the to the asylum seeker that they can be subjected to inhuman treatment which contrary to Article 3 and or his right to respect for his private and family life, his home will be violated which is contrary to Article 8 if he is returned to his country of origin . This is applicable to this case also. Burain is entitled to get asylum because he is entitled under Article 15(c) of the EU Refugee Qualification Directive 2004 Conclusion: After discussing all this matters it is proved that under Article 3 of EU convention on human right 1950, article 33 of convention on the statue of Refugees 1951 and Article 15(c) of the EU Refugee Qualification Directive 2004 Burain is entitled to claim asylum in UK because UK is a state party to all this conventions. For all this above mentioned cause and discussion, Burain respectfully requests to this authority for asylum. Respectfully Submitted Burain References: Bailii.org, (2015).Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010). [online] Available at: https://www.bailii.org/ew/cases/EWCA/Civ/2010/460.html [Accessed 25 Mar. 2015]. Bell, B. (2014). Crime and immigration.IZAWOL. Birmingham City Council v. Clue[2010]EWCA (civ), p.460. Clayton, G. (2004).Textbook on immigration and asylum law. Oxford: Oxford University Press. Clayton, G. (2005). Review: UK Asylum Law and Policy: Historical and Contemporary Perspectives.Journal of Refugee Studies, 18(1), pp.126-127. Curtice, M. (2010). The European Convention on Human Rights: an update on Article 3 case law.Advances in Psychiatric Treatment, 16(3), pp.199-206. Cvetic, G. (1987). Immigration Cases in Strasbourg: The Right to Family Life Under Article 8 of the European Convention.International Comparative Law Quarterly, 36(03). Echr-online.info, (2015).Article 8 ECHR - Introduction. [online] Available at: https://echr-online.info/article-8-echr/ [Accessed 24 Mar. 2015]. Elliott, M. (2014).The Immigration Act 2014: A sequel to the prisoner-voting saga?. [online] Public law for everyone. Available at: https://publiclawforeveryone.com/2014/05/23/the-immigration-act-2014-a-sequel-to-the-prisoner-voting-saga/ [Accessed 24 Mar. 2015]. Greer, S. (2006).The European Convention on Human Rights. Cambridge, UK: Cambridge University Press. Hargreaves, S. (2001). UK government overhauls asylum procedures.The Lancet, 358(9292), p.1524. Harris, D., O'Boyle, M. and Warbrick, C. (1995).Law of the European Convention on Human Rights. London: Butterworths. Harvey, C. (2000).Seeking asylum in the UK. London: Butterworths. Harvey, C. (n.d.). Developments in UK Asylum Law and Policy.SSRN Journal. Mowbray, A. (2007).Cases and materials on the European Convention on Human Rights. Oxford: Oxford University Press. Ramji-Nogales, J., Schoenholtz, A., Schrag, P. and Kennedy, E. (2009).Refugee roulette. New York, N.Y.: New York University Press. Silver and others v. the united kingdom[1980]EHRR 3, p.475. Simeon, J. (2013).The UNHCR and the supervision of international refugee law. Cambridge University Press. Smith and Grady v United Kingdom[1999]EHRR 29, p.493. Storey, H. (2008). EU Refugee Qualification Directive: a Brave New World?.International Journal of Refugee Law, 20(1), pp.1-49. Vrachnas, J. (2005).Migration and refugee law. Cambridge [UK]: Cambridge University Press. WEHMEIER, N. and Press, O. (2015).Oxford University Press | Online Resource Centre | Notes on key cases. [online] Global.oup.com. Available at: https://global.oup.com/uk/orc/law/public/endicott2e/01student/ch03/03cases/ [Accessed 24 Mar. 2015].

5 Sentences Rendered More Concise

5 Sentences Rendered More Concise 5 Sentences Rendered More Concise 5 Sentences Rendered More Concise By Mark Nichol 1. It is essential for management to have the ability to assess how good the organization is at embracing risk. This is a case of a smothered verb- a verb converted into noun form, which complicates the sentence because a new verb must be conjured to accompany the newly formed noun. In this case, the simple verb phrase â€Å"be able† is sufficient: â€Å"It is essential for management to be able to assess how good the organization is at embracing risk.† The sentence can be further condensed to â€Å"It is essential that management be able to assess how well the organization embraces risk.† and even â€Å"Management needs to be (or, better yet, â€Å"must be†) able to assess how good the organization is at embracing risk.† 2. The process should consider factors arising from a change in business context and factors currently existing but not yet known. Currently is almost invariably superfluous. In this context, as in most cases, existing is sufficient to set the sentence in the present: â€Å"The process should consider factors arising from a change in business context and factors existing but not yet known.† (Any verb in the present tense, in fact, will generally suffice.) 3. The authorities will be conducting an investigation into the incident. Often, a sentence such as this one can use the simpler of the two forms of simple future tense: â€Å"The authorities will conduct an investigation into the incident.† Better yet, however, note the smothered verb and simplify to â€Å"The authorities will investigate the incident.† 4. The success of this comprehensive work hinges on attention to details and also the outcomes of work and decisions performed in the previous strategizing phase. When also directly (or distantly) follows and, the adverb is redundant to the conjunction: â€Å"The success of this comprehensive work hinges on attention to details and the outcomes of work and decisions performed in the previous strategizing phase.† 5. The organization must decide at the planning stage whether or not these data points help provide a greater view of its risk profile. When the phrase â€Å"whether or not† appears, the second and third words are likely extraneous: â€Å"The organization must decide at the planning stage whether these data points help provide a greater view of its risk profile.† The exception is when the phrase modifies a verb, as in â€Å"Whether or not we win, we’re still going to the playoffs,† where it modifies win. In other words, when â€Å"whether or not† means â€Å"regardless of whether,† retain the full phrase. Check out our latest YouTube video: Yours sincerely vs. Yours faithfully Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:Writing Prompts 10120 Pairs of One-Word and Two-Word FormsComment, Suggestion, and Feedback

Ancestry DNA Tests for Genealogists

Ancestry DNA Tests for Genealogists DNA, or deoxyribonucleic acid, is a macromolecule that contains a wealth of genetic information and can be used to better understand relationships between individuals. As DNA is passed down from one generation to  the next, some parts remain almost unchanged, while other parts change significantly. This creates an unbreakable link between generations and it can be of great help in reconstructing our family histories. In recent years, DNA has become a popular tool for determining ancestry and predicting health and genetic traits thanks to the increasing availability of DNA-based genetic testing. While it cant provide you with your entire family tree or tell you who your ancestors are, DNA testing can: Determine if two people are relatedDetermine if two people descend from the same ancestorFind out if you are related to others with the same surnameProve or disprove your family tree researchProvide clues about your ethnic origin DNA tests have been around for many years, but it is only recently that it has become affordable for a mass market. Ordering a home DNA test kit can cost less than $100 and  usually consist of a cheek swab or a spit collection tube that allows you to easily collect a sample of cells from the inside of your mouth. A month or two after mailing in your sample, youll receive the results- a series of numbers that represent key chemical markers within your DNA. These numbers can then be compared to results from other individuals to help you determine your ancestry. There are three  basic types of DNA tests available for genealogical testing, each serving a different purpose:   Autosomal DNA (atDNA) (All lines, available for both men and women) Available for both men and women, this test surveys 700,000 markers on all 23 chromosomes to look for connections along all of your family lines (maternal and paternal). The test results provide some information about your ethnic mix (the  percentage of your ancestry that comes from Central Europe, Africa, Asia, etc.), and helps to identify cousins (1st, 2nd, 3rd, etc.) on any of your ancestral lines. Autosomal DNA only survives recombination (the passing down of DNA from your various ancestors) for an average of 5–7 generations, so this test is most useful for connecting with genetic cousins and connecting back to more recent generations of your family tree. mtDNA Tests (Direct maternal line, available for  both men and women) Mitochondrial DNA (mtDNA) is contained in the cytoplasm of the cell, rather than the nucleus. This type of DNA is passed by a mother to both male and female offspring without any mixing, so your mtDNA is the same as your mothers mtDNA, which is the same as her mothers mtDNA. mtDNA changes very slowly, so if  Ã‚  two people have an exact match in their mtDNA, then there is a very good chance they share a common maternal ancestor, but it is hard to determine if this is a recent ancestor or one who lived hundreds of years ago. It is important to keep in mind with this test that a males mtDNA comes only from his mother and is not passed on to his offspring. Example: The DNA tests that identified the bodies of the Romanovs, the Russian imperial family, utilized mtDNA from a sample provided by Prince Philip, who shares the same maternal line from Queen Victoria. Y-DNA Tests (Direct paternal line, available for males only)   The Y chromosome in the nuclear DNA can also be used to establish family ties. The Y chromosomal DNA test (usually referred to as Y DNA or Y-Line DNA) is only available for males, since the Y chromosome is only passed down the male line from father to son. Tiny chemical markers on the Y chromosome create a distinctive pattern, known as a haplotype, that distinguishes one male lineage from another. Shared markers can indicate relatedness between two men, though not the exact degree of the relationship. Y chromosome testing is most often used by individuals with the same last name to learn if they share a common ancestor. Example: The DNA tests supporting the probability that Thomas Jefferson fathered the last child of Sally Hemmings were based on Y-chromosome DNA samples from male descendants of Thomas Jeffersons paternal uncle, since there were no surviving male descendants from Jeffersons marriage. Markers on both mtDNA and Y chromosome tests can also be used to determine an individuals haplogroup, a grouping of individuals with the same genetic characteristics. This test may provide you with interesting information about the deep ancestral lineage of your paternal and/or maternal lines. Since Y-chromosome DNA is found only within the all-male patrilineal line and mtDNA only provides matches to the all-female matrilineal line, DNA testing is only applicable to lines going back through two of our eight great-grandparents - our fathers paternal grandfather and our mothers maternal grandmother. If you want to use DNA to determine ancestry through any of your other six great-grandparents you will need to convince an aunt, uncle, or cousin who descends directly from that ancestor through an all-male or all-female line to provide a DNA sample. Additionally, since women dont carry the Y-chromosome, their paternal male line can only be traced through the DNA of a father or brother. What You Can and Cant Learn From DNA Testing DNA tests can be used by genealogists to: Link specific individuals (e.g. test to see whether you and a person you think may be a cousin descend from a common ancestor)Prove or disprove the ancestry of people sharing the same last name (e.g. test to see if males carrying the CRISP surname are related to each other)Map the genetic orgins of large population groups (e.g. test to see whether you have European or African American ancestry) If youre interested in using DNA testing to learn about your ancestry you should start by narrowing down a question you are trying to answer and then select the people to test based on the question. For example, you may wish to know if the Tennessee CRISP families are related to the North Carolina CRISP families. To answer this question with DNA testing, you would then need to select several male CRISP descendants from each of the lines and compare the results of their DNA tests. A match would prove that the two lines descend from a common ancestor, though would not be able to determine which ancestor. The common ancestor could be their father, or it could be a male from over a thousand years ago. This common ancestor can be further narrowed down by testing additional people and/or additional markers. An individuals DNA test provides little information on its own. It is not possible to take these numbers, plug them into a formula, and find out who your ancestors are. The marker numbers provided in your DNA test results only begin to take on genealogical significance when you compare your results with other people and population studies. If you dont have a group of potential relatives interested in pursuing DNA testing with you, your only real option is to input your DNA test results into the many DNA databases starting to spring up online, in the hopes of finding a match with someone who has already been tested. Many DNA testing companies will also let you know if your DNA markers are a match with other results in their database, provided that both you and the other individual have given written permission to release these results. Most Recent Common Ancestor (MRCA) When you submit a DNA sample for testing an exact match in the results between you and another individual indicates that you share a common ancestor somewhere back in your family tree. This ancestor is referred to as your Most Recent Common Ancestor or MRCA. The results on their own will not be able to indicate who this specific ancestor is, but may be able to help you narrow it down to within a few generations. Understanding the Results of Your Y-Chromosome DNA Test (Y-Line) Your DNA sample will be tested at a number of different data points called loci or markers and analyzed for the number of repeats at each of those locations. These repeats are known as STRs (Short Tandem Repeats). These special markers are given names like DYS391 or DYS455. Each of the numbers that you get back in your Y-chromosome test result refer  to the number of times a pattern is repeated at one of those markers. The number of repeats is referred to by geneticists as the alleles of a marker. Adding additional markers increases the precision of DNA test results, providing a greater degree of probability that a MRCA (most recent common ancestor) can be identified within a lower number of generations. For example, if two individuals match exactly at all loci in a 12 marker test, there is a 50% probability of a MRCA within the last 14 generations. If they exactly match at all loci in a 21 marker test, there is a 50% probability of a MRCA within the last 8 generations. There is a fairly dramatic improvement in going from 12 to 21 or 25 markers but, after that point, the precision starts to level off making the expense of testing additional markers less useful. Some companies offer more precise tests such as 37 markers or even 67 markers. Understanding the Results of Your Mitochondrial DNA Test (mtDNA) Your mtDNA will be tested on a sequence of two separate regions on your mtDNA inherited from your mother. The first region is called Hyper-Variable Region 1 (HVR-1 or HVS-I) and sequences 470 nucleotides (positions 16100 through 16569). The second region is called Hyper-Variable Region 2 (HVR-2 or HVS-II) and sequences 290 nucleotides (positions 1 though 290). This DNA sequence is then compared to a reference sequence, the Cambridge Reference Sequence, and any differences are reported. The two most interesting uses of mtDNA sequences are comparing your results with others and determining your haplogroup. An exact match between two individuals indicates that they share a common ancestor, but because mtDNA mutates extremely slowly this common ancestor could have lived thousands of years ago. Matches which are similar are further classified into broad groups, known as haplogroups. A mtDNA test will provide you with information about your specific haplogroup which may provide information on distant family origins and ethnic backgrounds. Organizing a DNA Surname Study Organizing and managing a DNA surname study is very much a matter of personal preference. There are, however, several basic goals which need to be met: Create a Working Hypothesis:  A DNA Surname Study is not likely to provide any meaningful results unless you first determine what you are trying to accomplish for your family surname. Your goal can be very broad (how are all the CRISP families in the world related) or very specific (do the CRISP families of eastern NC all descend from William CRISP).Choose a Testing Center:  Once youve determined your goal you should have a better idea of what type of DNA testing services you will require. Several DNA Laboratories, such as Family Tree DNA or Relative Genetics, will also assist you with setting up and organizing your surname study.Recruit Participants:  You can reduce the cost per test by assembling a large group to participate at one time. If you are already working together with a group of people on a particular surname then you may find it relatively easy to recruit participants from the group for a DNA surname study. If you have not been in touch with other researchers of yo ur surname, however, you will need to track down several established lineages for your surname and obtain participants from each of these lines. You may wish to turn to surname mailing lists and family organizations to promote your DNA surname study. Creating a website with information about your DNA surname study is also an excellent method for attracting participants. Manage the Project:  Managing a DNA surname study is a big job. The key to success is in organizing the project in an efficient manner and keeping participants informed of progress and results. Creating and maintaining a Web site or mailing list specifically for project participants can be of great assistance. As mentioned above, some DNA testing labs will also provide assistance with organizing and managing your DNA surname project. It should go without saying, but it is also important to honor any privacy restrictions made by your participants. The best way to figure out what works is to look at examples of other DNA Surname Studies. Here are several to get you started: Pomeroy DNA ProjectWells Family DNA ProjectWalker Surname DNA Project It is vitally important to keep in mind that DNA testing for the purposes of proving ancestry is not a substitute for traditional family history research. Instead, it is an exciting tool to be used in conjunction with family history research to aid in proving or disproving suspected family relationships.

Domestic Violence Essay Example | Topics and Well Written Essays - 500 words

Domestic Violence - Essay Example de in changing laws and creating laws to eradicate domestic violence with penalties that include financial fines and jail sentences; domestic violence continues to be a problem in America (Bullock, 2007). For a long time in America, domestic violence was considered a matter between the husband and wife, mother and father, or romantic couple. That has changed, and with this change the courts are looking at ways to apply sentencing guidelines that serves the people involved and the public at large in the best and safest ways. One of the aspects of sentencing is whether or not a man (or woman) should be sentenced to time in jail. That is a disruption of the family life, including employment, and putting the man away from the family, when in fact keeping the family in tact and rehabilitating the offender with therapy and education might be a better solution. The ways in which violators in domestic violence cases were categorized and were perceived long determined how they were treated. The treatment, in most cases, and prior to recent laws that force the justice system to deal with perpetrators legally; was to make excuses for the perpetrator, to blame it on finances, or some other personal emotional response to an outside precipitator ( Bullock, 2007, p. 34). While some called this making excuses and placing blame, there is perhaps some degree of usefulness to these â€Å"excuses.† That is that it may be more useful to rehabilitate the perpetrator, than to incarcerate the perpetrator. If these outside issues, precipitating factors, or even if the source of the perpetrator’s dysfunction and abuse is one of learned behavior from his or hr own family upbringing; then it makes sense that rehabilitation and therapeutic services would be an even greater deterrent to domestic violence than would be incarceration. To get the courts to support rehabilitation over incarceration, the question as to whether or not the domestic abuser can be rehabilitated must be

The Employment Relationships Essay Example | Topics and Well Written Essays - 1500 words

The Employment Relationships - Essay Example Employee relations ensure that a certain professional relationship is maintained between the employers and the employees and this helps to achieve adequate productivity and creation of morale and motivation among workers. Gennard and judge (2005) say that employee relations involve collective bargaining by both parties about grievances and appeals that arise in the course of employment. This paper will address the factors influencing the change in employee’s relations and give recommendations. Since employees relations is an ongoing process, changes are bound to occur. Such changes include: change in the choice of communication method that the management chooses to use e.g. use of memos, briefing and so on. Change may also occur in the choice of payment method. It could be done in a performance-oriented way. Training and development employees could also change. Those are just some of the few changes that may occur. A change in the schedule of working hours is among the major factors that influence working relations. Employees agree to work for several hours that are spread over a given period of time. This allows workers to perform their duties as expected and also have time to do their own personal things like care for their families, take holidays and so on. An organization that has a favorable working schedule for its employees has increased staff retention, absenteeism is reduced and there is also increased productivity. On the other hand, if an organization has a too tight working schedule it will be strenuous to the employees and this will lead to a conflict between them and the employer because they will not perform their duties as expected due to fatigue leading to a decrease in productivity.  

Outline Assignment Example | Topics and Well Written Essays - 250 words

Outline - Assignment Example He is no more an authoritative director who was supposed to give orders and merely direct subordinates as in the past. Today's fast growing world has new and revolutionary demands for leaders. A leader today has to be a charismatic being who does not shy away from doing work himself, rather enjoys putting valuable effort in the teamwork. Action Learning helps in producing such leaders (Rigg, & Richards, 2006). Paragraph 2: Development of leaders and effective leadership through action learning The practical approach of the Action Learning motivates the leaders to indulge in the work themselves to better perceive the situation. It makes them realize that they cannot win a war by standing on the edge. They will have to step into the arena to understand the demands of particular events and to decide and direct their subordinates accordingly. They will have to observe their own actions, analyze their motives and scrutinize their own experiences in order to find out the ways to improve th eir performances further. Thus, action learning teaches men to use their insight along with their knowledge and intelligence to perform better. And these very attributes have let Action Learning emerged as one of the most influential and valuable tools that is used worldwide for developing leaders nowadays.