The Salic Law - Early Germanic Law Code and Law of Royal Succession

Definition: The Salic Law was the early Germanic law code of the Salian Franks. Originally dealing primarily with criminal penalties and procedures, with some civil law included, the Salic Law evolved over the centuries, and it would later play an important role in the rules governing royal succession; specifically, it would be used in the rule barring women from inheriting the throne. In the early Middle Ages, when barbarian kingdoms were forming in the wake of the dissolution of the western Roman empire, law codes like the Breviary of Alaric were issued by royal decree. Most of these, while focusing on the Germanic subjects of the kingdom, were clearly influenced by Roman law and Christian morals. The earliest written Salic Law, which had been transmitted orally for generations, is generally free of such influences, and thus provides a valuable window into early Germanic culture. The Salic Law was first officially issued toward the end of the reign of Clovis in the early 6th century. Written in Latin, it had a list of fines for offenses ranging from petty theft to rape and murder (the only crime that would expressly result in death was if a bondsman of the king, or a leet, should carry off a free woman.) Fines for insults and practicing magic were also included. In addition to laws delineating specific penalties, there were also sections on honoring summonses, the transference of property, and migration; and there was one section on inheritance of private property that expressly barred women from inheriting land. Over the centuries, the law would be altered, systematized, and re-issued, especially under Charlemagne and his successors, who translated it into Old High German. It would apply in the lands that had been part of the Carolingian Empire, most especially in France. But it would not be directly applied to the laws of succession until the 15th century. Beginning in the 1300s, French legal scholars began attempting to provide juridical grounds to keep women from succeeding to the throne. Custom, Roman law, and the priestly aspects of kingship were used to justify this exclusion. Barring women and descent through women was especially important to the nobility of France when Edward III of England tried to lay claim to the French throne through descent on his mothers side, an action that led to the Hundred Years War. In 1410, the first recorded mention of Salic Law appeared in a treatise rebutting Henry IV of Englands claims to the the French crown. Strictly speaking, this was not a correct application of the law; the original code did not address the inheritance of titles. But in this treatise a legal precedent had been set that would thenceforward be associated with the Salic Law. In the 1500s, scholars dealing with the theory of royal power promoted the Salic Law as an essential law of France. It was used expressly to deny the candidacy for the French throne of the Spanish infanta Isabella in 1593. From then on, the Salic Law of Succession was accepted as a core legal premise, although other reasons were also given for barring women from the crown. The Salic Law was used in this context in France up until 1883. The Salic Law of Succession was by no means universally applied in Europe. England and the Scandinavian lands allowed women to rule; and Spain had no such law until the 18th century, when Philip V of the House of Bourbon introduced a less strict variation of the code (it was later repealed). But, though Queen Victoria would reign over a vast British Empire and even hold the title Empress of India, she was barred by the Salic Law from succeeding to the throne of Hanover, which was separated from Britains holdings when she became queen of England and was ruled over by her uncle. Also Known As: Lex Salica (in Latin)

The Birth Of The Realism And Modernism Era - 1322 Words

Edith Wharton Literary History The birth of the Realism and Modernism era appeared during the late eighteenth century to early nineteenth century. Both Realism and Modernism are evident in many of Edith Wharton’s literary works. Realism came from chaotic times where it â€Å"encompasses the period of time from the Civil War†(Realism from American). The United States grew enormously after the civil war with â€Å"the rapid growth in industrialism and urbanization, an expanding population base due to immigration, and a relative rise in middle-class† (Realism from American) influencing a â€Å"fertile literary environment† (Realism from american) which has depicted social change and the middle-class through literary work. Realism in literary works†¦show more content†¦Edith Wharton, â€Å"one of America’s greatest writers† (The Mount), used realism to tell â€Å"her stories and novels about the upper-class society into which she was born† (Edith Wharton). Ed ith Wharton quickly became a literary genius â€Å"For a period of 15 years or more, she produced work of considerable interest both for its realism and its intensity† (Justice to Edith). Wharton’s literary writing â€Å" turned her artistic eye toward critiquing the ways that power comports itself within American culture along the great axes of sex and class†(Edith Wharton A) which manifests realism throughout her novels. In most of Wharton’s novels, â€Å"women characters are trapped by the incestuous impulse underlying Western culture†(Edith Wharton A) which strongly depict realism in her novels: Summer, The House of the Dead Hand and Beatrice Palmato(Edith Wharton A). More so, Wharton’s novels Twilight Sleep, The Reef and The Age of Innocence†(Edith Wharton A) also share characteristics of realism by depicting â€Å"their own desire and pain by social conventions†(Edith Wharton A). Wharton’s writing not only manifeste d realism yet she also incorporated a twist of modernism. 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Managing Practice Australian Organization †Myassignmenthelp.Com

Question: Discuss About The Managing Practice And Theory Australian Organization? Answer: Introduction Officeworks Limited is an Australian organization that deals with the supply of office products and furniture. Its the leading organization that deals with the supply of office and business furniture and it is also the management of Wesfarmers Limited. Officeworks was established in 1994 by the Coles Myer group which was later occupied by Wesfarmers limited in 2007, it also developed very rapidly and bought some other office suppliers such as the Viking office supplies and Harris technology in 2004. From my perspective, Officeworks Limited is a very organization that has been able to operate all 160 retail stores which have been able to capture the required attention of customers effectively thus meeting its intended objective (Bartram, Robertson, Callinan, 2002). Measure of effective organization There are several ways that can be used to measure the effectiveness of a business or organization, these include; internal process approach, goal approach, domain approach, constituency approach, and system resource approach. Goal approach is the measure or analysis of how best an organization has been able to meet its goal and objectives that it had intended to achieve in certain duration of time or process. The internal process approach is an analysis that can be done in the internal condition of management and employees in achieving the required goals of an organization and mostly also by meeting the employee satisfaction. System resource approach is the how the organization is able to get its required resources to run it operations effectively as required without any disruption. Constituency approach is the ability of a business to operate effectively many of its organizational branches both internally and externally. Domain approach is the measure of organizational effectivenes s through the ability to become successful within other related competitions (Price, 1972). I think the effectiveness of Officeworks Company has been contributed by various achievements such ability to reach customers targets by availing their retailer stores near the customer reach and also providing more efficient services to the clients or their customers. The customer satisfaction is very of many high standards where one can be able to acquire products through various simple means such online shopping and through phone calls. Also, they have an operating team that is responsible for the assistance of small businesses on issues pertaining business expertise. The organization has managed to sell out brands to the customers having more than 300000 brands of its own. (Gundelach, 1989). Constituency approach can be used to measure the effectiveness of business through the analysis of organization satisfaction to both managers, employees, suppliers, customers and the government (Hitt, 1988). Effective ness of an organization can be well analyzed through owners or the managers of the organization ability to meet their set of objectives and having good profit returns to the business. Another party that should be considered in the measuring effectiveness of an organization is through the customer satisfaction. In order for any organization to be considered effective customer satisfaction is the key priority in attaining the good profit returns or feedback. Also organization effectiveness as to customer satisfaction it should be able to meet the required standards of the services or products expected by the customer. It should also be able to serve the community through giving back by community development and offering employment. Suppliers satisfaction by the organization can be through the ability of the organization to meet the required agreement between the suppliers of the organization and also the good relationship. The effectiveness of an organization to the government is through good revenue returns and the ability of the organization to be able to support the economic development of the country. A good example Officeworks has provided 7000 employment opportunities to Australian citizens who were jobless and it a great revenue contributor to the government (Kirchhoff, 1977). Organizational effective operational structure Effectiveness in an organization is determined by different number of reasons this include; proper business planning and structure, good organizational flow in communication and exchange of ideas within and outside the organization environment, and good business relationship between the creditor, suppliers, government, community and customers (Bowen, Chase, Cummings, 1990). The most effective method of approach so that an organization can fully satisfy all the stakeholder groups is the constituency approach method. The constituency approach method is the analysis done on an organization in determining whether its entire interior (employees satisfaction and enjoy all the benefits) and exterior factor (customer, suppliers, creditors, and the government) are fully satisfied or meet their expectations. In accordance with my research and experience with Officeworks Limited I believe the organization has been able to achieve most of its required objectives and has also been able to meet the customer's satisfaction as of expected. The organization has a very effective layout of standards through it 360 of retail stores, one can be able to access his desired product in an easy manner. A good example the stores have divided into different academic levels also as a student I have enjoyed the convenience of being able to get all that I require all under one roof (Connolly, Conlon, Deutsch, 1980). The Proper approach that meets all the analysis any business may require to fully satisfy its goal and objectives will also lead to very positive results towards the development of both the organization and economic status of its surroundings (Zammuto, 1984). Also as for my research a proper goal and objective achievement by the organization it also reflects good profit returns, and if all the stake holders in the organization are fully satisfied growth and development will also be reflected in the infrastructure and economic surrounding of the organizations. Conclusion In conclusion, effective organization is the one that has the ability to meet the organizational objectives and also satisfying wants of all the organization stake holders. The effective organization should satisfy the owner through good profit returns and growth of the organization, satisfying the customer needs and wants, being able to pay off debts from creditors, suppliers and the government revenue. In order for an organization to operate effectively, it should choose a very suitable approach that can be able to analyze all the required amenities to meet all the set goals or objectives and to also satisfy all the stake holders (Quinn, Rohrbaugh, 1983). References Bartram, D., Robertson, I. T., Callinan, M. (2002). Introduction: A framework for examining organizational effectiveness. Organizational effectiveness: The role of psychology, 1-10. Bowen, D. E., Chase, R. B., Cummings, T. G. (1990). Service management effectiveness: Balancing strategy, organization and human resources, operations, and marketing. Jossey-Bass. Connolly, T., Conlon, E. J., Deutsch, S. J. (1980). Organizational effectiveness: A multiple-constituency approach. Academy of Management Review, 5(2), 211-218. Gundelach, P. (1989). Effectiveness and the structure of new social movements. International Social Movement Research, 2, 427-442. Hitt, M. A. (1988). The measuring of organizational effectiveness: Multiple domains and constituencies. Management International Review, 28-40. Kirchhoff, B. A. (1977). Organization effectiveness measurement and policy research. Academy of Management Review, 2(3), 347-355. Price, J. L. (1972). The study of organizational effectiveness. The sociological quarterly, 13(1), 3-15. Quinn, R. E., Rohrbaugh, J. (1983). A spatial model of effectiveness criteria: Towards competing, values approach organizational analysis. Management Science, 29(3), 363-377. Zammuto, R. F. (1984). A comparison of multiple constituency models of organizational effectiveness. Academy of Management Review, 9(4), 606-616.

Informatics and Management Science

Question: Discuss about the Informatics and Management Science. Answer: Introduction: Branding of an organization has considered being most crucial as it helps in evaluating the desired growth of the firm by selling its products within the appropriate market segments. LEGO group is one of the private firms which were discovered in the year 1932 merely on a base of iconic LEGO@ brick which is known to be the leaders in manufacturing of Play Materials (Jensen, 2016).The primary aim of this paper is to highlight the different aspects of brand management within concerned market segments and for this particular paper LEGO group has been undertaken (Desbordes, 2013). The company desires to enhance as well as augment the energy level along with the skills of the children by making best toys as per their suitability (Van Hecke, 2010). The history of the company reveals the fact that the company started from a small workshop and soon became the international enterprise in the field of largest manufacturers of toys for children. Brand Inventory In development and management of a brand, it becomes very crucial to look forward to the crucial elements under brand inventory (Spanyol, 2014). These brand elements are the name, LOGO, diverse kind of the advertising programs, packaging, promotion as well as PR that facilitates to boost the efficacy of the whole brand to the clientele (Du, 2013). The change in the concerned market segments has evaluated the fact that the company needs to bring out the preferred creativity as well as innovation in the products as to retain the old consumers and for attracting the new consumers towards the firm. Brand elements The brand elements are as follows: LOGO This is considered to be the most crucial while the creation of brand value as the development of the LOGO helps in developing trust with the customers. The feedback received from the different clients helps to recognize that there are some customers for which the LOGO does not work and there some other customers who get emotionally attached to the brand (Fabozzi Markowitz, 2011). Offering the best quality of services as well as the products helps the customers for trusting on the brand and LEGO is doing this for a long period. Packaging This is another important element which needs to give top priority as the attractiveness of the products helps to draw the attention of the clients towards the product ("Googles latest accomplishment: refining marketing practice", 2012). Children are more prone to the attractiveness of the toys which they have been offered and in order to draw their attention towards the toys the packaging needs to be of top most quality (Pettinger, Nelson, Economy, 2011). Promotions and advertisements The most crucial part is the promotion of the products offered by the firm by effective advertisement channels to the targeted customers (Keller, 2008). Use of the social media, as well as the cartoon channels on television, will help in generating a large amount of impact on the children regarding the purchasing of the toys and moreover, it will create the branding of the firm. Symbol Feelings of the different customers sometimes get attached to the symbol of the firm and therefore some people remains in favor of the symbol as well as brand whereas there are some people who dislike the brand due to the services provided by them. The symbol of Lego is quite good and it reflects the quality of the products delivered by the firm (Kendrick, 2010). Brand positioning The company is targeting the children of ages between 3 to 15 years of the age for selling its toys. LEGO is one of the reputed firms in the field of toy manufacturing across different parts of the world. In positioning of the brand, some points need to be properly analyzed such as the crucial requirements of the targeted customers and offering of the products along with the reasonable price range as to raise the selling of the individual products (Oriard, 2010). Figure: Perceptual map The perceptual map critically evaluates the fact that LEGO is in the group where it makes high quality, high cost and healthy of the products for all its customers. Brand mantra The brand mantra is to develop creative, innovative and efficient builders of tomorrow by the means learning and creative playing. The company is engaged in enhancing the skills, knowledge and the capability of the children by offering them creative and innovative toys which will help in promoting effective learning. SWOT analysis Strengths Weaknesses The company has strongest brand name across 55 countries Has the strongest portfolio for the products Incorporation of educational features to enhance the skills of children Diversifying the brand across different various video games Providing encouragement to children regarding development of problem-solving skills The increment of the online video games has resulted in loss for the market shares Incomplete knowledge of the employees regarding the services and products Improper strategies for perfect branding of the firm Imitation of the respective toys available with the firm is a major area of concern Improper management of the brand by not utilizing resources effectively Opportunities Threats Using the brand name of the firm in attracting the customers regarding the purchase of the toys Diversifying the corporation into several other marketplaces Efficient use of the branding strategies in order to build the desired reputation of the company Limited resources of the brand affect the business processes The location of the business needs to be improved by shifting it to the appropriate places Some of the potential competitors are Mega Bloks, Oxford Toys, Hasbro KRE-O, Cobi and Best-Lock Development of the online games as well as the different cartoon channels are crucial threat for the firm Effective use of internet affects the business process and selling of the toys Increase in the number of the outdoor games also diverts the children for purchasing toys and is a potential threat to the firm Shifting of the consumer behavior as well as the newly enhanced products affects the firm SWOT analysis implications Opportunities Threats Strengths The brand name and the quality products of the firm can be used in increasing the profitability of the organization. Delivering the best quality of products which will help to promote effective learning for students will reduce the impact of threats. Weaknesses Proper innovative tools s needed to develop best toys as to reduce the impact of the online games. The short and long term goals needed to be defined for reducing the impact of other games and promoting the toys manufactured by LEGO. Differentiation strategies related to the quality purpose and cost price of the products are crucial in order to reduce the potential threat from the competitors. Conclusion The paper concludes that the LEGO is aimed to develop creative skills within children of ages 3 to 15 years old with the help of creative and innovative toys. Brand inventory includes brand elements such as the name, LOGO, diverse kind of the advertising programs, packaging, promotion which helps in establishing the reputation of the brand in the targeted market area. References Desbordes, M. (2013). Latest sponsorship strategies and the need for research.International Journal Of Sports Marketing And Sponsorship,14(3), 1-1. https://dx.doi.org/10.1108/ijsms-14-03-2013-b001 Du, W. (2013).Informatics and management science V. London: Springer. Fabozzi, F. Markowitz, H. (2011).The theory and practice of investment management. Hoboken, N.J.: John Wiley Sons. Googles latest accomplishment: refining marketing practice. (2012).Journal Of Consumer Marketing,29(3). https://dx.doi.org/10.1108/jcm.2012.07729caa.002 Jensen, M. (2016).The LEGO Brand - The LEGO Group - About Us LEGO.com.Lego.com. Retrieved 21 August 2016, from https://www.lego.com/en-us/aboutus/lego-group/the_lego_brand Keller, K. (2008).Strategic brand management. Upper Saddle River, NJ: Pearson/Prentice Hall. Kendrick, R. (2010).Cyber Risks for Business Professionals. Ely: IT Governance Pub. Oriard, M. (2010).Brand NFL. Chapel Hill: University of North Carolina Press. Pettinger, R., Nelson, B., Economy, P. (2011).Management for dummies. Chichester: Wiley. Spanyol, T. (2014). Nuisance calls latest.J Direct Data Digit Mark Pract,15(4), 348-350. https://dx.doi.org/10.1057/dddmp.2014.31 Van Hecke, M. (2010).The brain advantage. Amherst, N.Y.: Prometheus Books.

Barack Obamas First Two Years as President Essay Example

Barack Obamas First Two Years as President Essay Example Barack Obamas First Two Years as President Essay Barack Obamas First Two Years as President Essay There is an innumerable amount of ways someone can measure Obama’s first two years in office to try to define whether his presidency has been a success or failure. Issues relating the economy, domestic policy, and national security and foreign policy are the major topics in which many of those controversial issues lie. The easiest ways to determine whether or not Obama has been successful, is to look at his accomplishments as President, look at the principle promises he made regarding those issues prior to and during his time in office, and lastly the public’s overall rating of his presidency. After looking at all of those factors, I have determined that Obama has failed as President after the first two years being in office. The first aspects of Obama’s presidency that will be assessed are the principle promises he made, to the public, prior to/or after being sworn into office. There are, roughly, around 5 main topics that Obama addressed and said he was going to take a certain action on. The first of them was the Economic Stimulus Bill, where Obama said, â€Å"if we did not pass his Economic Stimulus bill, unemployment would rise over 8 percent. That unemployment statistic is currently 9. 6 percent. But the actual unemployment rate (including people who have given up on finding jobs) is 16 percent = double the tragedy that Obama threatened us with†(Americanbuilt. us, 2010). Obama stated that the unemployment rate would go up if the Economic Stimulus bill did not pass, however, the unemployment rate increased dramatically after the bill took effect and, thus, totally contradicting the President and his word. The stimulus bill was supposed to be a â€Å"bill meant to pump money into the economy via tax cuts and a wide range of spending plans to make up for the sudden, sharp contraction of spending by consumers and businesses†(NYTimes, 2010). Many economists believe that the bill actually helped out the economy, however it became one of the main issues that Republicans attacked due to the rising national debt and increased unemployment rate. It is understandable that the President had no idea of the exact outcome, but he should not be making assumptions just because he wants something passed in his favor, when he is not positive about the end result. Another promise he made to the American people was that he was going to end the wars and bring our troops home. Obama, â€Å"ordered drones to bomb Pakistan (killing 22 people) during his first week in office. He’s leaving 50,000 troops in Iraq, preparing to launch a surge of 30,000 troops in Afghanistan and just authorized 21,000 additional troops in Afghanistan. Obama just requested $83,400,000,000 for Iraq, Afghanistan, and foreign aid†¦ The maximum number of US forces expected in Afghanistan by year’s end 68,000 will remain the same†(Americanbuilt. us, 2010). It is hard for Obama to promise something when he has no knowledge of the full situation going on. Former President George Bush ordered our troops into Iraq and Afghanistan for a purpose, and that includes more knowledge than anyone else could possibly know. Obama came into office with the promise he made and now, he has not only broken that promise to the American people, but he is also elevating the amount of foreign aid and debt immensely. Promises should not be made without total knowing, and they have to be reasonable. Coming into office and automatically taking out military troops that have been there in an on going war is not reasonable whatsoever. One of the next promises Obama made was to end illegal wiretapping of Americans. President Bush approved a law called the USA P. A. T. R. I. O. T Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) that is intended to discourage and punish terrorist activity in the United States and elsewhere, and also to enhance law enforcement investigatory tools. Instead of putting an end to the bill, Obama â€Å"signed a one-year extension of three provisions of the Patriot Act. The provisions are section 206 of the P. A. T. R. I. O. T. Act, governing roving wiretaps; section 215, which addresses the collection of business records; and the so-called ‘lone wolf surveillance’ law† (Americanbuilt. us, 2010). Instead of doing as he promised, Obama contradicted his word to the public, yet again, and extended the act for another full year. There continues to be a pattern of Obama going against his word, and that could be due to lack of knowledge and intelligence before being sworn into office. Back when George W. Bush was in office, he â€Å"issued 161 signing statements affecting over 1,100 provisions of law in 160 Congressional enactments. When Obama was campaigning for votes, he was asked directly that if Congress offers him a bill, do he promise to not use presidential signage to get your way, and Obama responded with ‘Yes, I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of The United States. Were not going to use signing statements as a way of doing an end-run around Congress (Americanbuilt. us, 2010). If Obama made that it clear that he was not going to use signing statements, then why on March 11, 2009 did he issue his first signing statement? It was because he did not agree with parts of the omnibus-spending bill passed by Congress, and wanted to outline his disagreements. In each case it seems more and more as if he was judging Bush and his actions hugely, but now that Obama realizes how everything works and what’s really going on, he’s portrayed himself to be somewhat of a hypocrite. Another major promise that Obama made was the closing of Guantanamo Bay. They have started closing Guantanamo Bay partially, â€Å"but sending more prisoners to Bagram Prison in Afghanistan, either directly, or via other countries†(Americanbuilt. us, 2010). Getting those prisoners tried in U. S. courts should be a major priority so that the prisoners are either convicted or released. We cannot expect other people to think of us highly when we are not providing counsel for the detainees and holding them for years and years before they are convicted. However, To the disappointment of civil liberty groups, â€Å"Obama decided to continue a number of Bush administration policies, including the use of military tribunals for some defendants and the indefinite imprisonment of others†(NYTimes, 2010). Yet again, President Obama fails to follow through with what he had promised the citizens of the United States. After looking at those factors and topics, a debate takes place between Dylan Loewe (democrat) and James Antle (republican) assessing President Obama’s presidency after the first year. The two men go back and forth explain their views on the actions Obama has taken on certain issues and whether or not it has benefited our country. Dylan Loewe states, â€Å"if we remind ourselves of the state of the country when he took office, and the distance we have come since that moment, in terms of policy achievements alone, its almost impossible to argue that Obamas first year wasnt an extraordinary success† (guardian. o. uk, 2010). Some people may in fact argue that Obama saved the economy from a huge destruction. But there are always two sides to the argument. At the end of the debate, Antle makes a good point by saying â€Å"in terms of the general direction of the country, the initial judgment of the American people seems correct:  Barack Obama  has promised more hope and change than he has thus far delivered. In many respects, Obama has simply taken the mistakes and failures of George Bush and magnified them by hundreds of billions of dollars†(guardian. co. uk, 2010). Normally people learn from the mistakes other people make and try to make things better, however, President Obama simply continued with the same mistakes Bush made and ultimately threw away billions of dollars. That could have been avoided if careful thought was put into the actions before they were carried out. Antle finished by saying â€Å"If Obama gets everything on his wish list, he will in some sense be a success. But judging from the perspective of a national interest best served by a government that lives within its means at home and abroad, he will also be a failure†(guardian. co. uk, 2010). There still is hope for Obama to slightly turn around his presidency, but he will have to make some serious changes and actually listen to the American people, otherwise, Obama is in for a big surprise come 2012. Aside from his broken promises and the negatives, there are a couple major accomplishments that President Obama has achieved during his presidency. In November of 2008, â€Å"Barack Hussein Obama was elected the 44th president of the United States sweeping away the last racial barrier in American politics with ease as the country chose him as its first black chief executive† (Nagourney, 2008). This was a huge step for America, considering that many major groups are racist and discriminate towards blacks, and also considering the past history the United States had with unequal rights. America has hugely evolved and a few years ago, a black president would have been unthinkable and impossible. Another accomplishment that Obama achieved was being awarded a Noble Peace Prize from Norway. The committee â€Å"stressed that it made its choice based on Mr. Obama’s actual efforts toward nuclear disarmament as well as American engagement with the world relying more on iplomacy and dialogue. Republicans and some others ridiculed the award, saying the president had not done anything to deserve it; others called it an inappropriate honor in light of Mr. Obama’s decision to move slowly in removing troops from Iraq and to increase them in Afghanistan†(NYTimes, 2010). The committee mainly went off of what Obama said he was going to do not what he actually accomplished . That decision may have been unfair and not well thought out, however, but that is still a huge honor for President Obama to be awarded that prize. One of the last ways to determine whether or not the President has successfully carried out his duties would be looking at the people’s approval rating of his time in office. According to Rasmussen Reports, â€Å"the daily Presidential Tracking Poll for Sunday November 14, 2010 shows that 28% of the nations voters Strongly Approve of the way that Barack Obama is performing his role as president. Forty-one percent (41%) Strongly Disapprove, giving Obama a Presidential Approval Index rating of -13†(2010). Compared to January of 2009, Obama had a 65% approval rating of the people and only 30% disapprove. This extreme shift in ratings says something about the presidency and that the people are not happy with how he is handling things. So, he needs to do something drastically different, or else he is going to be in trouble come re-election time. All of these factors listed and described above, add to the end conclusion in determining if the President is successful or not with carrying out certain issues, or if it is just simply keeping his word. It seems however, that Obama keeps adding to his list of broken promises and continues ruining the â€Å"hopes† he helped create in the lives of American people. The public voted for him based on his promises, and he has not fulfilled his word. They intend for him to keep and fulfill the promises he made, otherwise there will be a very unhappy group of people and could possibly cost Obama his re-election in 2012. I believe that President Obama has not fulfilled his proper duties in the White House and has ultimately lead to his first two years as president being a disaster. He still has time to turn around the trend in his disapproval rating, but it wont be an easy thing to overcome. Barack Obama’s First Year: Success or Failure? guardian. co. uk, 19 Jan. 2010. Web. 15 Nov. 2010. lt; guardian. co. uk/? commentisfree/? cifamerica/? 2010/? jan/? 19/? barack-obama-first-yeargt;. Daily Presidential Tracking Poll. Rasmussen Reports, 15 Nov. 2010. Web. 15 Nov. 2010. lt; rasmussenreports. com/? public_content/? politics/? obama_administration/? daily_presidential_tracking_pollgt;. Nagourney, Adam. Obama Elected President as Racial Barrier Falls. New York Times, 4 Nov. 2008. Web. 15 Nov. 2010. lt; nytimes. com/? 2008/? 11/? 05/? us/? politics/? 05elect. html? _r=1amp;ref=barack_obamagt;. Presidency of Barack Obama. New York Times, 1 Sept. 2010. Web. 15 Nov. 2010. lt; nytimes. com/? info/? presidency-of-barack-obama/? gt;. Weblog post. Barack Hussein Obama II. AmericanBuilt. us, n. d. Web. 15 Nov. 2010. lt;http://americanbuilt. us/? videos/? barack-hussein-obama. shtmlgt;.

Legal And Ethical Issues Involved In Sentencing Mentally Disordered Offenders

Legal And Ethical Issues Involved In Sentencing Mentally Disordered Offenders Free Online Research Papers Legal And Ethical Issues Involved In Sentencing Mentally Disordered Offenders. An Evaluation of Current Legislation and Legislative Proposals In Light Of These Concerns ABSTRACT This Research Paper provides background on the ethical and legal plight of sentencing mentally disordered offenders and highlights some of the issues which have generated comment or concern. It will study the current legislation on sentencing the legally insane, evaluating both local and international law in an effort to capture the concept behind the legislation. At the end of the paper the aim will be to offer well researched legislative proposals that seek to modify the issues highlighted. INTRODUCTION It’s a fact that most people can attest to knowing a mentally ill person. The proximity of the relationship may or may not be close but it shows that the mentally ill are as much a part of society as the mentally sane in a great way. They are referred to as crazy, retarded, demented and insane; the names society brands them with are quite as many as they are crude and highlight just how little most people understand about the mentally ill. BACKGROUND The earliest explanation of what we now refer to as psychopathology involved the possession by evil spirits and demons. Many believed, even as late as the sixteenth and seventeenth centuries that the bizarre behavior associated with mental illness could only be an act of the devil himself. To remedy this, many individuals suffering from mental illness were tortured in an attempt to drive out the demon. When the torturous methods failed to return the person to sanity, they were typically deemed eternally possessed and were executed. There is limited evidence by which to judge the existence or nature of mental disorders in early man prior to written records although there is evidence from Neolithic times of the practice of trepanation , possibly as an attempt to cure ailments which may have included mental disorders. Limited notes in an ancient Egyptian document known as the Ebers papyrus appear to describe disordered states of concentration and attention, and emotional distress in the heart or mind. Ancient Hindu scriptures known as Ramayana and Mahabharata contain fictional descriptions of depression and anxiety states. Mental disorders were generally thought to reflect abstract metaphysical entities, supernatural agents, sorcery or witchcraft. Among the Chinese Mental disorders were treated mainly under Traditional Chinese Medicine by herbs, acupuncture or emotional therapy. Some ancient Greek scholars proposed that disease was caused by an imbalance in four humors of the body. Hippocrates, influenced by humoral theory, proposed a triad of mental disorders termed melancholia, mania and phrenitis . He spoke of disorders such as phobia, and is credited with being the first physician to reject supernatural or divine explanations of illness. He believed that disease was the product of environmental factors, diet and living habits, not a punishment inflicted by the gods, and that the appropriate treatment depended on which bodily fluid, or humor, had caused the problem. He objected to speculation about the etiology of madness (that it was seated in the heart and diaphragm or phren) and favored instead close behavioral observation. Plato argued that there were two types of mental illness: divinely inspired mental illness that gave the person prophetic powers and a second type that was caused by a physical disease. Aristotle, who studied under Plato, abandoned the divinely-caused mental illness theory, and proposed instead that all mental illness was caused by physical problems. Socrates considered positive aspects of mental illness including prophesying; mystical initiations and rituals; poetic inspiration; and the madness of lovers. Physician Celsus argued that insanity is really present when a continuous dementia begins due to the mind being at the mercy of imaginings. He suggested that people must heal their own souls through philosophy and personal strength. He described common practices of dietetics, bloodletting, drugs, talking therapy, incubation in temples, exorcism, incantations and amulets, as well as restraints and tortures to restore rationality, including starvation, being terrified suddenly, agitation of the spirit, and stoning and beating. Most, however, did not receive medical treatment but stayed with family or wandered the streets, vulnerable to assault and derision. Accounts of delusions from the time included people who thought themselves to be famous actors or speakers, animals, inanimate objects, or one of the gods. Under Islam, the mentally disordered were considered incapable yet deserving of humane treatment and protection. For example, Sura 4:5 of the Quran states Do not give your property which God assigned you to manage to the insane: but feed and clothe the insane with this property and tell splendid words to him. Some thought mental disorder could be caused by possession by a djin (genie), which could be either good or demon-like. There were sometimes beatings to exorcise djin, or alternatively over-zealous attempts at cures. In Christian Europe madness was often seen as a moral issue, either a punishment for sin or a test of faith and character. Christian theology endorsed various therapies, including fasting and prayer for those estranged from God and exorcism of those possessed by the devil. Thus, although mental disorder was often thought to be due to sin, other more mundane causes were also explored, including intemperate diet and alcohol, overwork, and grief. Today the actual definition of mentally ill remains somewhat unclear, containing elements deriving from different periods in the development of psychological and psychiatric study. In psychiatry mental disorder is defined as a significant impairment of an individual’s cognitive, affective and/or relational abilities which may require intervention and may be a recognized, medically diagnosable illness or disorder. There are several types of mental illnesses. The symptoms and treatment of each vary from type to type. Mental disorders vary in severity some are mild and some so severe they interrupt with the daily activities of the sufferer making life quite difficult. Treatment also varies with some, therapy and counseling is sufficient but with others medication is needed with the counseling, some may even require hospitalization as they are a danger to themselves and to those around them. There are generally accepted four types of mental illnesses . 1. Organic brain disorders. 2. Mood and anxiety disorders. 3. Personality disorders. 4. Psychotic Disorders STATEMENT OF THE PROBLEM Mental illness can have a devastating effect on an individual, his or her family and friends and on the community in many ways. How it affects the individual is obvious, reduced ability to care for oneself, strong negative emotions, distorted thoughts, inappropriate behavior, and reduced ability to maintain a relationship are only a few possible outcomes. On friends and family, it can be a major responsibility to care for someone suffering from a mental illness, the emotional and behavioral components of some illnesses can be very difficult at times to understand and to deal with. Mental illness also affects the community due to the high incidence of homelessness and unemployment in some serious disorders such as schizophrenia. These are the obvious effects of mental illness, but there are less obvious effects due to the misperception of the mentally ill. When most people hear the term mentally ill, many think of severe cases and associated these individuals with bizarre behavior, violence, and a lack of caring about themselves and the world. In this sense, people with mental illness are in most cases almost dehumanized. They are avoided and feared. Herein lays the problem. Their treatment by society and by the law needs to be re-examined. A mentally ill person can, in extreme cases, be a threat to society. Major criminals are often found to be mentally unstable in most cases. This leads to public hazards as the individual engages in covert behavior, trying to put in order what he or she sees as disordered. There are many public and social problems imposed by the mental illness. These include incapacitation of individuals incapable of their own basic needs. They have disrupted family relations, often due to burdens of care, disruption of ordinary day-to-day activities or threats of harm. They also have disruptive influences in society and may be public nuisances and may engage in offensive and antisocial behavior posing threat to the lives and safety of others. Mentally retarded criminals are especially vulnerable and frequently taken advantage of during legal proceedings. Because of their limited cognitive abilities, unreliable memories, and characteristic suggestibility, it is very difficult for these defendants to comprehend abstract legal concepts and to assist in their own defense by helping their lawyers to develop the facts of the case. Those who suffer from mental retardation are at times eager to please, especially persons of authority, as well as unable to cope with stressful situations. As a result, many even make false confessions. In addition, because mentally retarded individuals are unable to understand the proceedings, it is not uncommon that the defendants alienate judges by smiling, sleeping, staring off in court, or otherwise acting in a way that may be interpreted as callous and unremorseful. Others with mental retardation are ashamed of their disabilities and try to hide them, preventing their defense and the judge from fully appreciating the effect their condition has on their conduct. Mentally retarded defendants, especially those who are not financially well-off, are often represented by ineffective counsel; courts often appoint advocates who are â€Å"too inexperienced, overworked, or uninterested† to properly defend their clients. Finally, mentally retarded defendants face bias in the criminal justice system- including, the police, defense advocates and judges - who are vastly ignorant of the nature and significance of mental retardation, are often more concerned with the political and professional consequences of obtaining a â€Å"victorious† sentence than seriously considering the effect this. There is, therefore, concern that sane persons might find themselves stripped of certain basic rights. The aim of this paper is to highlight the ethical discrepancies in law that haunt the sentencing of the mentally ill. JUSTIFICATION The objectives of sentencing can be summarized as retribution, deterrence and rehabilitation . Retribution is satisfied when the assailant is successfully sentenced as a punishment for his wrongs. It’s based on the notion that he owes a measure of suffering to those he wronged and thus deserves punishment. Deterrence seeks to move all other men to conform to social norms. He serves as an example to the rest, that if they don’t comply to the law they will be punished. Rehabilitation is the most important objective; teaching the wrong doer that he made a mistake and through his imposed sentence help him better himself to be able to live among society. Sentencing the mentally ill poses a difficult ethical and moral problem; most human beings have the will to choose between right and wrong once they step outside these limits blame and punishment may be imposed upon them. We cannot blame or impose punishment upon those lacking responsibility. At the same time the wronged person may feel the person pardoned by the law as a result of his insanity as having gotten off easy. There needs to be some sort of balance. All men may be equal before the law but as it is in the case of a child who commits a crime, the mentally disordered are hardly capable of understanding the full extent of their actions. Punishing them without considering their condition is quite unethical and doesn’t fulfill any sense of moral judicial victory. The mentally ill are defined in law as persons lacking the required degree of intelligence, reasoning power and foresight of consequence. If they were held criminally responsible he would be made to suffer harsh sanctions without serving the purpose of individual deterrence. It might also fail to serve general deterrence in that most men won’t be able to identify with the offender as he is so different from most men that the crime can be attributed to the difference. On retribution the individual is seen to act as a result of forces beyond his control. He is less likely to be blamed than to be helped to restore balance between him and society. He is seen as sick rather than evil and as a result of his illness. If a man cannot make the calculations or muster the feelings demanded of him deterrence can only be effective with persons who can understand signals directed to them by the law. CONCEPTUAL FRAMEWORK The issue is the question of fairness the sense that it’s unjust and unfair to stigmatize the mentally ill as criminals and punish them for their crimes. The criminal law exists to deter and to punish those who would or who would choose to do wrong. If they cannot exercise choice, they cannot be deterred and it’s unethical to punish them. The mentally ill may have the element of actus reus but they lack the mens rea needed. In situations where mens rea is existent it is of a highly diminished level such that they should not be judged on the same note as a man in his full mental capacities. The mentally disordered are entitled to be held responsible for their actions, but their conditions may be relevant in sentencing and might result in mitigation on grounds of less moral blameworthiness, or aggravation because of constituting a danger to the public. The legal system should accommodate them. LITERATURE REVIEW The following literature was relied on. I. Blackstone’s Criminal Practice 2006 This book focuses on criminal practice in the U.K it gives a breakdown of criminal law setting out the elements of criminal law, defenses, sentencing guidelines and penalties. It’s extremely useful on studying the similarities and differences between Kenyan and U.K sentencing law. II. Criminal Law Text And Materials C.M.V Clarkson And H.M Reating 4th Edition C.M.V Clarkson and H.M.Reating deal with the basics of criminal law. The book gives information on criminal law defenses delving into the defense of mental illness from the perspective of different authors and judgments from different judges III. Mental Health Act U.K 1983 The Mental Health Act 1983 makes provision for the compulsory detention and treatment in hospital of those with mental disorder. The Act is in ten parts, among them Application of the Act (the scope) Compulsory admission to hospital and Guardianship Patients concerned in criminal proceedings or under sentence Consent to treatment IV. Mental Health Act U.K 2007 Although the structure of the Mental Health Act 1983 remains intact, some significant changes have been made to it by the 2007 legislation. They include: ? The introduction of a simplified definition of mental disorder that will apply throughout the Act, and the abolition of the current four separate categories of mental disorder ? A requirement that appropriate treatment must be available if patients are to be subject to detention or the new provisions for supervised treatment in the community ? The introduction of supervised community treatment, which will be available for patients following an initial period of detention and treatment in hospital ? The replacement of the Responsible Medical Officer with a Responsible Clinician, who need not be a consultant psychiatrist (but must be an ‘approved clinician’) ? The replacement of the Approved Social Worker with an Approved Mental Health Professional; in addition to registered social workers other mental health professionals will be able to take on the role of AMHP after suitable training V. Mental Health Act L.O.K 1991 The Mental Health Act Cap 248 seeks to consolidate and amend the laws relating to persons suffering from mental disorders for the custody of their persons, management of their estates; for management and control of mental hospitals; and for connected purposes. Section 38 of the act which deals with court procedure merely gives provisions on the court session being proceeded on camera VI. Criminal Procedure Act The Criminal Procedure Act provides if the defense of lunacy is adduced at the trial or if it appears to the court, in so far as finding the accused guilty is concerned that he did the act but was insane so as not to be responsible for the act or omission the court makes a verdict of guilty but insane. When such a finding is made the court is required to make a report to the president. In the meantime the accused is remanded in custody. The president or minister may order such person to be detained in a mental hospital or prison or such suitable place of custody Research Papers on Legal And Ethical Issues Involved In Sentencing Mentally Disordered OffendersArguments for Physician-Assisted Suicide (PAS)Canaanite Influence on the Early Israelite ReligionMoral and Ethical Issues in Hiring New EmployeesThe Relationship Between Delinquency and Drug UseThree Concepts of PsychodynamicCapital PunishmentRelationship between Media Coverage and Social andMind TravelGenetic EngineeringEffects of Television Violence on Children

PERSONAL DEVELOPMENT FOR LEADERSHIP AND MANAGEMENT -REFLECTIVE Essay

PERSONAL DEVELOPMENT FOR LEADERSHIP AND MANAGEMENT -REFLECTIVE ANALYTICAL ACADEMIC LEVEL 6 - Essay Example In this regard, I have organized social and business systems effectively to achieve set goals and objectives in particular organizations (Marquis & Huston 2009, 23). This paper describes my personal reflection about the development process that I undertook towards my leadership and management during my work placement time in the medical field, where I worked in the surgical ward, helping patients in various ways. Over the months, I have appreciated the fact that leadership is not necessarily a positional affair. Personal leadership has to be understood and adopted by people in order to enable them manage their lives effectively. Often, people always want to associate with those that understand themselves and take steps to improve their lives in the right way. In order to be a successful leader, I have polished my qualities and skills in people management, besides knowing how to manage their lives. I undertook the work placement exercise at the time I was in third year in my undergraduate nursing course. During this time, I was in charge of a team that ensured that we discharged our duties effectively towards achievement our departmental targets. In most cases, the reflective process is taken to describe the action of reflecting on certain actions in a process that often leads to persistent learning (Wolfensberger, 2010, 715). In this definition, the actions in the reflective practice involve giving focus to practical values as well as various theories that inform daily actions. This is through the process of doing the reflection in a reflexive process, thus leading to development of proper insight (Copley 2011, 17). In making this analysis, the main objective in the learning plan was to demonstrate an effective understanding of delegation in leadership and management. During my placement time, being a team leader meant that have to direct a team and give instructions about how certain tasks were to be