Monday, September 30, 2019

Fostering Teacher Student Relationship in Nursing Essay

The teacher student relationship is very important for children. Children spend approximately 5 to 7 hours a day with a teacher . We ask ourselves what is considered a good teacher? All of us have gone through schooling, and if fortunate had a favorite teacher. A positive relationship between the student and the teacher is difficult to establish, but can be found for both individuals. The qualities for a positive relationship can vary to set a learning experience approachable and inviting the students to learn. A teacher and student who have the qualities of good communications, respect in a classroom, and show interest in teaching from the point of view of the teacher and learning from a student will establish a positive relationship in the classroom. I will be focusing on the relationship between a nursing student and teacher, involving a setting of classroom and at the clinical settings which I have found to be extremely important for the student to gain a positive attitude towards their profession for the rest of life. Each student has different strategies for learning and achieving their goals. A few students in a classroom will grasp and learn quickly, but at the same time there will be those who have to be repeatedly taught using different techniques to be able to understand the lesson. Also, there will be students who roam around and use college as entertainment. They won’t like our instructions or policies. Teaching then becomes difficult, especially if there is no proper communication. Like wise the student disruptions may occur in classes that are poorly organized and managed where students are not provided with appropriate and interesting instructional tasks. The main thing teacher can do is continuously monitor the student in order for him or her to be aware of any difficulties that he/ she is having. Understanding the child’s problem, fear, or confusion will give the teacher a better understanding about the child’s learning difficulties. Once the teacher becomes aware of the problems, he or she will have more patience with the student, thus making the child feel secure or less confused when learning is taking place in the classroom. The same thing happens in clinics also. The students may face many problems in their clinical areas. Many of the students expressed the despair of having a wide practice-theory gap. Eventhough nursing students are learning many subjects in deep; they may be feeling that they can’t practice it all in the actual practice. They may be feeling that they are doing the very basic nursing care that even the nursing aids can do. In my student life I was sometimes observing the evaluative role of teacher, instead of teaching role. So teachers can avoid creating such situations by making the clinics a best teaching arena. A teacher who acts as a good facilitator or supporter at the clinical setting can easily enter in to the minds of young students and this will enhance the development of a hearty relation between these two parties. The student is also responsible for making the communication a positive one. They can approach the teacher for open their mind during their academic or personal crises situations. Of course a teacher is not going to understand every problem for every child in his or her classroom, but will acquire enough information for those students who are struggling with specific tasks. A significant body of research indicates that â€Å"academic achievement and student behavior are influenced by the quality of the teacher and student relationship† (Jones 95). The more the teacher connects or communicates with his or her students, the more likely they will be able to help students learn at a high level and accomplish quickly. Those teachers, who demonstrate respect towards their students, automatically win favor by having active learners in their classroom. The arrogant or offensive teacher will lack these positive qualities due to his or her lack of control over the children. Teachers should assert that they should also be treated with respect . Teachers can blend their warmth and firmness towards the students in their classroom, but with realistic limits. Teachers who are in a classroom might have experienced one time or other students who are disruptive or find learning boring. Teachers understand that if this behavior continues in the classroom and if they do nothing to prevent this from happening, the outcome proves to be disastrous for both types of participants. The student will conclude that his or her behavior is permissible, and will draw away from learning; therefore it is essentially important for the teacher to explain to the child the importance to learn. Though we understand that learning cannot be forced, learning becomes a process for an individual where he or she feels comfortable with learning whether it’s in a classroom or at clinics. Children in first year feel the urge to talk about their problems, fears, or even show their knowledge, but at the same time they want to be listened too. The student will feel valued and respected. Students feel happy when the teacher eventually gives them the option of contributing, or in other words the teacher asks for an opinion, which is usually not offered to the students. The teacher does not have to give up all their control, rather teachers share control with students and encourage interactions that are determined by mutual agreement. A close, but limited relationship between the student and teacher can be helpful for those students who are shy, and find speaking in front of the classroom difficult or children who have low self-esteem. The tension of these students will prevent them to develop the confidence they had always wanted, but never achieved due to not having a good relationship with the teacher. Therefore, how does a teacher hold a relationship that leads to effectively teach the children? The answer becomes clear when teachers interact with, and learn more about their students. Our first educational experience, which takes place in the primary years of our life, sets the principles for our future education. Having established a positive relationship with students will encourage students to seek education and be enthusiastic and to be in school. Remembering our favorite teacher will be recognized because they had at least in one way or another the qualities I discussed in this writing although we are not aware of it during the time we are in school, but teachers are well recognized at a later time of our lives.

Sunday, September 29, 2019

Anne: Reaction Paper on Basketball Diaries Movie Essay

On this story, upon reading the title, I thought it will focus on basketball game and competitions but I think I am wrong because it was really about a young man who had bad experiences and struggled to survive. Early in the film, it shows a good friendship of Jim and his friends and where they studied in a Catholic School and a scholar through playing basketball together. It also shows how intelligent Jim is on writing which is great. Unfortunately, young Jim fell into the cruel world of life on the street and heavy drug abuse, smoking, and even stealing others things and money which many students and youth do the same thing in present as we see on televisions and in our society that many young people engage their selves to drugs. I have also witness on how they talk was really disrespectful and awful to hear for a reason that they are using some bad or negative words like motherfucker, fuck you etc. Furthermore, the movie also shows some immoral or wrong doings like the coach who is a gay that like to have sex with his student and also Jim who uses his body to be able to get money to buy drugs. The young characters in the film do lack moral compasses resulting from their poor decision-making. He even leave home because they are already addicted to drugs and doesn’t hear his mother’s advise which is not good to a young students like us. On this film, I have remember the verse in the bible that, ‘’you should honour your mother and father and you will have a long life’’ because of the wrong behaviour of Jim towards his mother that he doesn’t listen to. On the last part of the story, it shows the effects of the drugs like hallucinating and even out of control of their selves. But because of Reggie and his mother, Jim was saved. Overall, it was a mature movie and every young individuals should watch it because it shows how bad drugs, smoking that all of us should not try or let go. Lastly, I think the filmmaker wants us to recognize that this is not all Jim’s fault but it focuses on the various effects of the drugs because in the first place it was really fine, his life and even his career.

Saturday, September 28, 2019

Aristotle Virtue Ethics Essay Example for Free

Aristotle Virtue Ethics Essay One basic notion in Aristotelian ethics that occupies a central significance is Aristotle’s belief in the role of man’s activities in order for one to acquire ethical knowledge. That is, for one to become virtuous or to obtain virtues one should not merely confine himself to mere studying of these virtues but rather one should, more importantly, actualize this knowledge of the virtues. Thus, for one to become good, one should do good. Aristotle further stretches his ideas by proposing the doctrine of the mean. The essence of this doctrine dwells on the basic precept that one ought to avoid the extremes and, instead, settle for the â€Å"mean†. The actions of men, more specifically, ought to be framed upon the â€Å"mean† which is the virtue. For example, the virtue of courage rests on the mean between two extremes: cowardice or the â€Å"lack† of courage, and rashness or the â€Å"excess† in courage. It can easily be observed that Aristotle suggests that one should live a life that does not border on the things that are on the â€Å"most† and the â€Å"least† levels. For example, if I were to follow Aristotle’s ethics I should always see to it that I should consistently draw myself towards the middle value and avoid slanting towards cowardice and excess. All this could have been very well except for one small thing that I cannot seem to fully comprehend. How is it possible for one to ascertain that one is actually taking the middle path? Or how is it possible for one to know that this or that is the middle value or is the virtuous action? Perhaps the key in having an understanding to the notion of the â€Å"mean† is that one should act. That is, as I continually have these ideas as to what I must do when faced with an ethical situation or, at the least, an ordinary situation, I should nonetheless take the course of action so that I will be able to obtain a qualitative understanding that what I am doing is the â€Å"excess†. On the other hand, I will be having quite a rough time in acquiring the understanding as to whether the action that I am doing is virtuous if all that I do is to theorize and never let my theory be put into practice. Aristotle’s virtue ethics reminds me of Plato’s conception of ethics. For the most part of the Republic, Plato attempts to arrive at a conception of a just life by centering on the notion that the just life or that which is good is better than living a life molded on an evil framework and one which prompts individuals to act in an evil manner. At the onset of the Republic’s Book II, a conception of the idea of â€Å"justice† is advanced as the working of an individual in accordance to the role in which one is best suited as well as the belief for non-interference in the activities of others. In essence, this principle is closely related to Plato’s perspective on acting in accordance to one’s nature or intrinsic being which results to the state or condition of being â€Å"just† or acting justly once the individual acts in line to his very nature. Otherwise, if one begins to act beyond what his nature prescribes, then the individual begins to act in an unjust manner thereby resulting to â€Å"evil† actions (Plato and Kamtekar). While Aristotle insists that one should put into action the thought that one may have so as to have an understanding of the middle value that should be taken, Plato, on the other hand, suggests that one should simply go by with one’s nature so as not to be â€Å"evil†. If I were to choose which ethical precept would be better or would fit me best, I would rather be inclined to adopt Aristotle’s virtue ethics over the other because it offers me a chance to actualize myself through my actions and be guided accordingly. Whereas for Plato, what I am seeing is that I should get to know my self first before I act so that I can be good. But this cannot be met easily essentially because I find it quite difficult to know myself if I would not act first. In the light, if all the students in a certain class would build up a virtue like that of Aristotle’s point of view, the achievement of an environment which is formidably that built on the concept of philosophical and tremendously beneficial notions in life, the attainment of the virtue of goodness is towering in the highest hopes—although it eventually does not also undermine the concept of realism. Apparently, many may not stick on this kind of perception and ought to think that it is certainly not possible to achieve a life which is way beyond the bounds of a â€Å"not-so-good† life for that instance, but with the maximum height of human rationality, such may be given enough credit for the philosophers who believed in a life where â€Å"goodness comes in deeds† (Lannstrom). Lannstrom, Anna. Loving the Fine: Virtue and Happiness in Aristotle’s Ethics. Indiana USA: University of Notre Dame Press, 2006. Plato, and R. Kamtekar. â€Å"The Conventional View of Justice Developed. † Trans. D. Lee. The Republic. 2 ed: Penguin Classics, 2003. 8-14. Aristotle Virtue Ethics. (2017, Apr 20). We have essays on the following topics that may be of interest to you

Friday, September 27, 2019

Assignment Example | Topics and Well Written Essays - 2000 words

Assignment Example Multi vary analysis provide full information on how a shift and a machine are factors, besides giving a full breakdown for one to determined which of the factors are involved, and from which sequence to the other without quantifying any of the factors ( Fay, M.P. & Proschan, M.A., 2010, pp. 1–39). It is indeed described as a perfect tool in the determination of where the variability will originate within the sequence of processes since it does not require manipulation of the independent variables or process parameters. Strengths of a multi-vary Chart is that: it provides visual alternatives to analysis of variance; they allow for the display of positional or cyclical variations in processes, and to study variations within a subgroup(s); and, providing an overall view of the factor effects based on the visualized sources of variations in a single diagram. For instance, the multi-chart below illustrates differences that exist between two call centers in terms of customer categor ies (green buttons), requests types (black and white symbols) and call centers (red buttons). It is epitomized that waiting durations are tentatively larger at M call center as compared to S call center. Instrumental variable (IV) Regression This is a broad approach of obtaining a regular estimator of the indefinite measurements of the population’s recession purpose whenever the regression, X, is correlated with the error term u. one has to think of the variable in X as having two parts: the first part that, for whatever reason, is correlated with u, and a second part that is not correlated with u. In case one has information that can allow him or her to effectively isolate the second section, to enable for a focus on the variables in X that bias the OLS estimates. Information based on movement in X that is uncorrelated with u is gleaned from one or more additional variables, known as the instrumental variables or in some cases, instruments. Therefore, instrumental variables regression applies the additional variables as tools of instruments in isolating the movements in X that are uncorrelated with u, which in turn permit consistent estimation of the regression coefficients. The main key to achieving successful empirical analysis using instrumental variables is through finding valid instruments. Instrument Variable can hence be used in addressing issues to do with threats to internal validity such as: omitted variable bias from a variable correlated with X but is unobserved, to obstruct its inclusion in the regression; errors-in-variables bias; and, simultaneous causality bias. T-Test This analysis tool evaluates if the means of two sets are statistically dissimilar to one another. The t-test is used for testing differences between two means. So as to use a t-test, the same variable has to be measured in varied groups, at varied times, or in comparison to a known population mean. The shared applications of the t-test analysis systems involve testing th e dissimilarities existing between independent clusters, and analysis the differences concerning depended sets. In a T-test analysis, statistical assumption made are that most of its cases have the form t is equal to Z/s, a case of which Z and s are data functions. One-way ANOVA A one-way analysis of variance is a method of testing the

Thursday, September 26, 2019

Reflection on Gained Writing Skills Throughout the Course Essay

Reflection on Gained Writing Skills Throughout the Course - Essay Example Since my childhood, I have always had affection towards linguistics. I loved writing differently about topics. I wrote for fun and not specifically following any procedures since I was not addressing an audience. I always preferred writing when I was alone to avoid disturbance and interference. Although I enjoyed writing, I never thought that I was good at it so most of the times I never allowed anyone to read my work. Initially, my writing depicted numerous grammatical errors, wrong formats, redundancy, and lack of logical flow. However, with time and practice, I have perfected my writing. Learning is a process and right now, I am proud of my writings. I am amazed when I look back at what I used to write. I have realized that writing will always be part of me and knowing the fact that it can be a source of income makes it even more interesting. Before writing any given topic, I always go through the topic I intend to write about which helps me to get an idea of what I should write. After getting the concept, I write a rough draft and after that, I get to revise the draft. This helps me to get rid of the simple mistakes in my writing. Finally, I always proofread my work to be sure that my final document is perfect. This routine has really improved my self-esteem as a person since I have realized that everything in life must systematic. This has helped me to be always thorough with what I do since the final product is always what matters. Peer review has really had a positive effect on me as a writer since it always provides me with an opportunity to learn from my peers and get to improve on my weaknesses, it also gives me a chance share my views and experiences to my peers and this has really been motivating.  

Consulting Skills Essay Example | Topics and Well Written Essays - 750 words

Consulting Skills - Essay Example The essay "Consulting Skills" talks about a change management process, organizational development, which mainly focuses on the understanding of behavioral sciences, which addresses how organizations and people function and is also concerned with how organizations and people can be made to function more efficiently. OD consultants offer their clients with a wide array of services which include change management, group solving problem, talent management, team development, customized training, business process redesign, and meeting designs and facilitation. In the first phase of OD implementation, an OD consultant needs to gain entry with the clients by meeting them in persons to inquire what they want from the consultant. The next step in this phase involves data collection by an appropriate method, which includes individual interviews, group interviews, or questionnaires. Data collected is then summarized, categorized and analyzed. The results are then communicated back to the clients , their comments are received, and a solution is made. The clients are then consulted if they wish to consider some alternatives suggested by the consultant. An OD consultant’s duty in this phase is to help the organization understand its current situation and identify opportunities that will enhance implementation of changes that will meet the organization’s business objectives. Other duties executed in this phase include deciding on an intervention and presenting a proposal to address the conflicts or issues.

Wednesday, September 25, 2019

Position Essay Example | Topics and Well Written Essays - 500 words

Position - Essay Example Cellopharone is an organic substance, polysaccharide in nature (Carlisle 338). Being a constituent of plant cell walls, it is the commonly recognized organic substance. It is appropriate for foodstuff packing due to its limited permeability on various aspects. Cellophane is processed from extremely purified cellulose obtained from bleached sulphide pulp (Carlisle 338). In addition, cellophane is biodegradable, and thus ecologically friendly. However, its processing causes air pollution. It is produced by employing carbon disulfide, found freely in the air. Carbon disulfide, under elevated concentrations, responds when exposed to other unstable chemicals thus forming smog in the atmosphere (Carlisle 338). It also injures ones sight and cause pain in several human systems. Cellophane product and use should be minimized because when produced in large quantity, they lead to environmental pollution and other health complications. Inorganic foods are foods, which are raised by the use of inorganic methods. This is through the use of chemical compounds such as pesticides, synthetic fertilizers, antibiotics and hormones (Carlisle 338). Foods raised in this way contain remnants of these chemicals which are dangerous to health. Inorganic foods are harmful to human consumption as herbicides and pesticides used to raise these crops are very toxic. When these chemicals build up in human bodies, they lead to diseases and other health complications. A good example is a herbicide called glyphosate commonly used for crop production (Carlisle 338). A laboratory study done by scientists in France in the year 2005 proved that glyphosate destroyed completely human placental cells and abnormal embryonic cells. These chemicals lead to birth defects and cancers, in addition to crop and animal losses (Lawson). Inorganic chemicals lead to the gastrointestinal tract erosion, dysphagia, cardiovascular, kidney damage,

Tuesday, September 24, 2019

Free speech video assignment Research Paper Example | Topics and Well Written Essays - 1500 words

Free speech video assignment - Research Paper Example the the promotion of the film and the film, under the First Amendment, are protected speech, and so is the filmmaker, Nakoula Basseley Nakoula, aka Sam Bacile. This paper examines the video and explains whether the filmmaker had a First Amendment right to make the film; it offers a vivid legal explanation as to why the filmmaker First Amendment right cannot be violated. Additionally, the paper looks at how the mainstream American media covered the story, how the United States government treated the issues, the filmmaker’s interpretation and explains how, assuming that I made the film, I would have handled the alleged uproar. The paper also answers the question of whether the U.S government should arrest and criminally prosecute the maker of the anti-muslim film, â€Å"The Innocence of Muslims†. FREE SPEECH VIDEO ASSIGNMENT After the distribution of the â€Å"The Innocence of Muslims†, the anti-muslim video via YouTube, protests ensued in the Middle East, in Cairo , outside the American Consulate, in Libya, which led to the killing of four Americans, among them, the American Ambassador to Libya, Christopher Stevens. ... Additionally, a debate with regards to whether the filmmaker, who joined the ranks of Delph and Jones, had the First Amendment right to make the film. The First Amendment of the U.S constitution establishes protection of individual rights belief, conduct and speech, in other words, rights to freedom of expression and religion. According to Nowak & Rotunda (2004), freedom of expression constitutes the freedom of assembly, freedom of press, to petition and freedom of speech. Therefore, by default, the U.S constitution is set to by all means protect the freedom of speech, even violent and hat filled speech (Cohen, 2012). The filmmaker or producer and the film distributor have the First Amendment right, since the promotion of the film and the film are protected speech and neither the promotion of the film nor the film create something like the infamous â€Å"shouting fire in a crowded theater† (Chertoff, 2012). In determining whether the filmmaker and the film distributor had Firs t Amendment right, it is important to consider whether the film, considered as speech, was intended to incite violence or was an incitement to riots – the film or speech should have not only led to violence, but the filmmaker must have intended the film to incite riots/violence. The â€Å"The Innocence of Muslims†, or the anti-muslim video did produced violence, but it is clear that it was not the filmmaker’s intention for the film to produce violence; the film did not also produce violence immediately. For this reason, the filmmaker has First Amendment rights since the film/speech is protected by the First Amendment. There is no way that the film produced by Nakoula Basseley Nakoula, aka Sam Bacile qualify as an incitement

Monday, September 23, 2019

Organized Crime Essay Research Paper Example | Topics and Well Written Essays - 1250 words

Organized Crime Worldwide Organization - Research Paper Example Organized crime tends to flourish in countries where legitimate government and civil society is disorganized, weak, absent or untrustworthy. Therefore, it is believed that the strong government and trustworthy law enforcement in the United States makes organized crime more difficult. The American economy is much less dependant on the money produced by organized crime when compared to the organized crime found in other countries. "In Japan, the most serious organized crime problems are almost always related to the notorious Japanese organized crime groups - the yakuza" (Finckenauer 90). The main crimes committed by these groups involve gambling, prostitution, and amphetamine trafficking. The human trafficking of sex workers is an overwhelmingly common crime in Asian countries and while law enforcement officials find it difficult to generalize Japanese organized crime, they do agree that prostitution stands at the head of organized crime in their country. Most of the illegal sex workers found in Japan come from the neighboring countries: Thailand, the Philippines, Colombia, China, and Korea. "Even though Japanese authorities are convinced that yakuza members are heavily involved in the transportation and control of foreign sex workers, but that it is not their number one priority because they believe foreign sex workers are not being forced into their activities, nor is there pressure from the Japanese public to do something about it because many businesses rely on the support of the wealthy crime groups" (Finckenauer 90). Like Japan, organized crime in China is responsible for orchestrating the human trafficking of sex workers, but they also play a role in the country's drug problem.  

Saturday, September 21, 2019

Constitution of India Essay Example for Free

Constitution of India Essay Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public. Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence. The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto. ↠ The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ↠ The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ↠ The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure established by law’ used in article 21. Article 21 would no longer mean that law could prescribe some semblance of procedure, however arbitrary or fanciful, to deprive a person of his personal liberty. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary unfair or unreasonable. As the right to travel abroad falls under art 21, natural justice must be applied while exercising the power of impounding a Passport under the Passport Act. Although the Passport Act does not expressly provide for the requirement of hearing before a passport is impounded, yet the same has to be implied therein. Case 2 Sunil Batra vs. Delhi Administration (1980) The Court has given several directives to improve many aspects of prison administration and condition of prisoners. In this case, the Court has pointed out that its powers under Art. 32 are free from the rigid restraints of the traditional English writs. Prison torture is not beyond the reach of the Supreme Court under Article 32. For this purpose, the Court treats letters from prisoners as writ petitions. In this case, the judicial process was set in motion by a letter written by a prisoner to a Judge of the Supreme Court complaining of the brutal attack by the prison staff on a fellow prisoner. Forsaking all procedural formalities, â€Å"since freedom was at stake†, the letter was treated by the Court as a petition for the writ of Habeas Corpus. Case 3 Hussainara Khatoon vs. Home Secretary – State of Bihar (1979) Hussaainara Khatoon case of the Bihar undertrials started with an article written in Indian Express. An advocate then filed a petition under Article 32 in the Supreme Court to protect the personal liberty of the undertrials. The Supreme Court has laid great emphasis on speedy trial of criminal offences and has emphasized: â€Å"It is implicit in the broad sweep and content of Article 21†. A fair trial implies a speedy trial. No procedure can be ‘reasonable fair or just’ unless that procedure ensures a speedy trial for determination of the guilt of such person. The Supreme Court has directed release of all undertrials who have been in jail for periods longer than the maximum term of imprisonment for which they could be sentenced if convicted of the offence charged. The Court also directed that the undertrial prisoners, who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent, should be released forthwith, since their continued detention clearly violates not only human dignity but also their Fundamental Right under Art.21 of the Constitution. The Supreme Court has taken a big innovative step forward in humanizing the administration of criminal justice by suggesting that free legal aid be provided by the State to poor prisoners facing a prison sentence. Case 4 Keshavananda Bharati vs. State of Kerala (1973) The State of Kerala passed the Kerala Land Reforms Act. 1963. This Act affected the interest of the petitioner, Keshavananda Bharati, Swamiji of a mutt. So he filed a writ petition before the Supreme Court under Article 32 of the constitution, contending that his fundamental rights under Article 14,19(1)(f),25,26 and 31 were violated by the Kerala Land Reforms Act. While the case was pending, the parliament passed three constitutional Amendments, viz., 24th, 25th 29th Amendments. The constitution Twenty-fourth Amendment repealed article 19(1) (f) which read â€Å"to acquire, hold and dispose of property†. It also repealed Article 31, i.e., compulsory acquisition of property. It made several other changes. It also included the Kerala Land Reforms Act in the ninth schedule, thereby making them immune from attack on the ground of fundamental rights. As a result, the fundamental right to property was deleted from the constitution. The petitioner felt that, by these Amendments, he would lose the case in the court. So, he amended his writ petition before the Supreme Court, challenged the validity of 24th, 25th 29th Amendments. He contended that though the power of the parliament to amend was wide, it was not unlimited. The power to amend under Article 368 should not empower the parliament to destroy the basic features of the constitution. The Supreme Court’s judgment in this case is as follows: i) The constitution Twenty-fourth (Amendment) Act, 1971, section 2(a) (b) of the constitution Twenty-fifth (Amendment) Act, and the constitution Twenty-ninth (Amendment) Act are valid. ii) The decision of the majority in Golaknath’s case that the word ‘Law’ in Article 13(2) included Amendments to the constitution the Article operated as a limitation upon the power to amend the constitution under Article 368 is erroneous, and so, is overruled. iii) The power of Amendment includes within itself the power to add, alter or repeal the various Articles of the constitution, including those relating to fundamental rights. iv) There is no power to amend or alter the basic structure of the constitution. v) The First part of the Article 31-C is valid, and the second part of the Article 31-C laying down â€Å"no law containing a declaration that if it is for giving effect to such policy shall be called in question in any court on the ground that it doesn’t give effect to such policy† is invalid. vi) There is no inherent or implied limitations on the power of Amendment under Article 368. Case 5 Air India vs. Nergesh Meerza (1981) A regulation made by Air India, a statutory corporation, fixed the normal age of retirement of air hostesses at 35 yrs but authorized the managing director to extend the same to 45 yrs at his option subject to other conditions being satisfied. The regulation was held bad as it armed the managing director with uncanalized and unguided discretion to extend the age of retirement of any air hostess. No guidelines, principles or norms were laid down subject to which the power was to be exercised. Nor was there any procedural safeguard available to an air hostess who was denied extension. A regulation providing for termination of service of an airhostess in Air India on her first pregnancy has been held to be arbitrary and abhorrent to the notions of a civilized society. Case 6 Visakha vs. State of Rajasthan (1997) The Supreme Court has declared sexual harassment of a working woman at her place of work as amounting to violation of rights of gender equality and right to life and liberty which is a clear violation of Article 14, 15 and 21 of the Constitution. Article 21 guarantees right to life with dignity. Accordingly the Court has observed in this connection: â€Å"the meaning and content of the Fundamental Rights guaranteed in the constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse† Sexual harassment also violates the victim’s fundamental right under Article 19(1)(g) â€Å"to practice any profession or to carry out any occupation, trade or business†. Thus Article 32 is attracted. In the absence of any domestic law relating to sexual harassment in India, the Supreme Court has itself laid down under Article 32 some directions for prevention of such harassment. These directions are binding and enforceable and are required to be strictly observed in all work places until suitable legislation is enacted to occupy the field. Case 7 M R Balaji vs. State of Mysore (1963) An order of the Mysore Government issued under Article 15(4) reserved seats for admission to the state Medical and Engineering colleges for Backward classes(28%) and ‘more’ Backward classes(22%). This was in addition to the reservation of seats for SCs (15%) and for STs (3%). Backward and more backward classes were designated on the basis of ‘castes’ and ‘communities’ The Supreme Court characterized Article 15(4) as an exception to Article 15(1) (as well as to Article 29(2)]. The court declared the order bad on several grounds in this case. ↠ The first defect in the Mysore order was that it was based solely on caste without regard to other relevant factors and this was not permissible under Article 15(4) ↠ Secondly, the test adopted by the state to measure educational backwardness was the basis of the average of student population in the last three high school classes of all high schools in the state in relation to a thousand citizens of that community. This average for the whole state was 6.9 per thousand. The vice of the Mysore order was that it included in the list of backward classes, castes or communities whose average was slightly above, or very near or just below the state average(e.g., Lingayats (7.1) were mentioned in BC list). ↠ Thirdly, the court declared that Article 15(4) does not envisage classification between backward and more backward classes as was made by the Mysore order. In Balaji case, the Supreme Court could sense the danger in treating ‘caste’ as the sole criterion for determining social and educational backwardness. The importance of the judgment lies in realistically appraising the situation when the court said that economic backwardness would provide a more reliable yardstick for determining social backwardness because more often educational backwardness is the outcome of social backwardness. The court drew distinction between ‘caste’ and ‘class’. An attempt at finding a new basis for ascertaining social and educational backwardness in place of caste is reflected in the Balaji decision. The court also ruled that reservation under Article 15(4) should be reasonable. It should not be such as to defeat or nullify the main rule of equality enshrined in Article 15(1). While it would not be possible to predicate the exact permissible percentage of reservation, it can be stated in a general and broad way that it ought to be less than 50%. Case 8 Indra Sawhney vs. Union of India (1992) (Mandal Commission Case) The Supreme Court has taken cognizance of many complex but very momentous questions having a bearing on the future welfare and stability of the Indian society. ↠ The overall reservation in a year is limited to a maximum of 50% ↠ Amongst the classes granted reservation, those who have been benefited from reservation and have thus improved their social status (called the ‘creamy layer’ by the court), should not be allowed to benefit from reservation over and over again. This means that the benefit of reservation should not be misappropriated by the upper crust but that the benefit of reservation should be allowed to filter down to the lowliest so that they may benefit from reservation to improve their position. The court has said that if a member of IAS, IPS or any other All India Service, his social status rises; he is no longer socially disadvantaged. This means that, in effect, a family can avail of the reservation only once. ↠ An element of merit has been introduced into the scheme of reservation. o Promotions are to be merit based and are to be excluded from the reservation rule. o Certain posts are to be excluded from the reservation rule and recruitment to such posts is to be merit based. Minimum standards have to be laid for recruitment to the reserved posts.

Friday, September 20, 2019

Which Theoretical Perspective Of Politics Is Most Persuasive?

Which Theoretical Perspective Of Politics Is Most Persuasive? This essay will highlight that pluralism is the most persuasive political state theory as it reflects democracy and equality within the state. I will indicate why I am persuaded most by pluralism by highlighting its ontological and epistemological position, pluralistic beliefs on the diffusion of power, plurality of groups and the presence of pluralist issues, such as multiculturalism, in our current society. This essay will go on to explain that despite being persuaded most by pluralism, like all theories, it has downfalls, for example its limited belief in faces of power. In order to highlight weaknesses in pluralist state theory I will draw on Marxism and elitism, which are becoming increasingly persuasive as their presence in society escalates. Pluralists argue that there are essential differences of being that provide the foundations upon which social life is built (Marsh Furlong, 2002, p.18). This statement reflects pluralists as ontologically foundational as they recognise the importance of social interaction in order for a state to function efficiently. Elitists and Marxists, on the other hand, are anti-foundational by believing nothing is definitive as everything can be altered. Ontologically, pluralisms foundational belief is more persuasive as they identify that social differences in norms and belief shape our society; they recognise that change occurs at a local level but in order to maintain stability diversity must remain at the base of society. In order to explain behaviour pluralists establish causal relationships between social phenomena emphasising their positivist epistemological positioning (Marsh Furlong: 2002:20). Positivists promote unity within a society to maximise equality and prevent power being unfairly dispersed. Realism, which includes Marxism and elitism, is the opposite to positivism in terms of epistemological positioning. Realists concentrate on government and power rather than society in order to focus on their own national interests instead of the interests of society (Ferraro: mytholyke.edu). They disregard society from political processes in order to act in the interest of the state rather than the people; for example Marxism focuses on individuals who want to maximise capital for their own benefits. This highlights that pluralists foundational position is more persuasive as, unlike realism, it focuses on the interests of the people, as society and politics are interrelated. Pluralism is perceived as instrumentalist as it sees the state as an instrument rather than a set of structures (Hay: 2002: 174) meaning pluralists do not regard the state as a uniform and primary body in itself, but rather as a society of societies (McLennan: 1995: 33). Pluralists believe the states responsibility is to allow society to voice its beliefs by placing citizens at the heart of the institution; rather than a centralized state based purely on politics and governments (Stears cited in Smith: 2006: 24). The pluralist view of the state is more socially inclusive than Marxist and elitist state theory as they believe groups and the diffusion of power within society provides the foundations of the state and politics (Smith: 2006: 23). This is juxtaposed by elitist state theory which believes power is concentrated in the state and citizens have little or no impact on policy decision (Kavanagh, Richards, Smith Geddes: 2006: 25). Elitism and Marxism, like pluralism, see the state as instrumentalist, however, whilst pluralists believe the state to be an instrument used by society to maintain equality and democracy, Marxism and elitism see the state as an instrument in the hands of the ruling class for enforcing and guaranteeing the stability of the class structure itself (Sweezy cited in Hay: 2006: 61). Here the state is observed as a vital nodal point in societal functioning as elites hold onto power and use it to influence and imprint their wants on society. Pluralisms view of the state is the most persuasive as it grants society with the ability to bring about change instead of elites dominating society, politics and the economy. Over the years Pluralism has adapted to social changes and academic critiques in order to advance in the political arena by offering a more realistic view of society and politics (Smith: 2006: 37). All three pluralist models classical, reformed (elite) and neo-pluralism acknowledge the dispersion of power between a variety of institutions and interest groups, Mouffe states that a pluralist society is the articulation of a multiplicity of identities (cited in Buckler: 2002: 190). By allowing group plurality it encourages the dispersion of power, preventing a single group or interest to dominate society which is common in elitism and Marxism (McAnulla: 2002: 278). Pluralists believe the dispersion of power between a variety of groups is key to a democratic state as it is the building block of politics and the state (Smith: 2006: 23). It allows non-governmental organisations, media and political parties to voice their beliefs in a society which appreciates the importance of an eclecti c range of attitudes and beliefs. Group plurality and the interests of the citizens are key in maintaining a diverse socio-culture and preventing elitists dominating society. Reformed and neo-pluralists have identified that in certain areas, such as the business sector, power may become more concentrated as the influence businesses hold over the government increases and state policies are created in consideration of key business sectors (McLenna: 1995: 36). Lindblom, a neo-pluralist, saw business as not just having power through its lobbying ability but having structural power (cited in Smith: 2006: 28). In todays society, globalisation has led to a rise in the power and influence of businesses as governments recognise that trade and business relations assist their state as they reap the social, political and economic benefits. The acknowledgement of the concentration of power in certain areas augments pluralisms persuasive power as reformed and neo-pluralists highlight adaptations made to the classical model in order to make it more precise. This belief sways me to believe pluralism is the most persuasive theory by offering a true representation of socie tys attitudes and beliefs. Pluralists believe that power is located within society, however, elitists believe it originates in the political arena and Marxists in the economic arena. Pluralism provides the most appropriate and democratic arena for power as it relies on the people in society to voice their beliefs and influence politics; representing national interests rather than self-interest (McAnulla: 2002: 278). Marxism, however, believes politics and economics are interlinked, whilst pluralists are careful to separate politics and economic power as they identify that all economically powerful actors do not automatically have political power (Kavanagh, Richards, Smith Geddes: 2006: 24). Marxists think that economic power equals political power but this is not the case in a democratic world. This places pluralism in a more persuasive position as it recognises that capital is not necessary in order to gain power. Pluralism is visible in society by the presence of multi-level governance, meaning there is not a single centre of government but many, which link together as a whole variety of actors, be they at the local, national or supranational level (Smith: 2006: 31). Multi-level governance allows greater, more influential social involvement with the government and politics. This reiterates pluralists belief in the dispersion of power as it prevents the concentration of political power and decision-making in one political arena, instead disperses it between local government constituencies (Widdicombe report cited in Wilson: 2003: 270). Local government is important to pluralists as they believe it is the most comprehensive method of social involvement in politics by reflecting the political beliefs of citizens in peripheral areas. Multi-level governance is present in order to represent the people, however, this is contrary to the views of elitists and Marxists who are self-interested actors an d do not share similar beliefs about the dispersion of political power. In elitist theory there is a clear dichotomy between classes, Evans states: In all societiestwo classes of people appear a class that rules and a class that is ruled. The first class, always the less numerous, performs all political functions, monopolizes power and enjoys the advantages that power brings, whereas the second, the more numerous class, is directed and controlled by the first. (2006: 39) Elitists believe politics is characterised by elite domination; individuals who do not communicate and form relationships with society, instead create legislation favourable only to elites. They see the state as consisting of us elites and them citizens without social or political standing instead of recognising that to achieve an efficient and democratic state the two classes must be inter-related. This lack of communication between politics and society is detrimental to the existence of elitism as citizens want their voice heard in the political arena and without multi-level governance this is difficult to achieve. Self-interested Marxists also fail to recognise the importance of multi-level governance as their concern is not the public good, but increasing budgets because this increases their power, status and job security (Kavanagh, Richards, Smith Geddes: 2006: 28). Marxists are concerned with legislation which maximises economic returns for the government, for example income tax, rather than focusing on social or political issues. The elitist and Marxist conceptions of a governing elite and ruling class are very similar as both concepts highlight socio-economic and political inequalities between rulers and the masses (Evans: 2006: 39). However, both are undermined by their lack of attention to the presence of politics in the social arena, they disregard citizens as both theories see them as underdogs to political and capital elites. Pluralism, on the other hand, recognises the importance of societys voice in political proceedings, justifying the existence of multi-level governance. The pre sence of multi-level governance, therefore, is evidence why I believe pluralism to be a persuasive theory the people come first. Pluralists encourage group plurality not only in politics but also in everyday society. Multiculturalism is based on the idea that no single set of norms or values should dominate a society, therefore, reinforcing the pluralist belief of equality and power dispersion (Smith: 2006: 35). In a multicultural society, a range of cultures, attitudes and beliefs from a variety of ethnic backgrounds become integrated within the community, producing an impartial framework without elite domination (Modood: 2005: 109). Over the years, Britain has been witness to a growing number of cultures in our country, welcoming and incorporated them into our own, such numbers have arrived that we can no longer state that whites are Britains elite. For example, London is one of the most cosmopolitan cities in the world as it is home to 300 languages, 50 non-indigenous communities with populations of 10,000 or morealmost a third of the citys residents were born outside England (2.2m) (guardian.co.uk: 2005). Pluralism believes multiculturalism within Britain highlights the importance of social diversity and the acceptance of a different cultures and norms in order to maintain equality, thus offering concrete evidence for pluralism being the most persuasive state theory. Like all theories there are weaknesses in pluralist state theory, to highlight these I will now critique pluralism with elitism and Marxism. The most controversial issue surrounding pluralism is their view of power. Classical pluralists believe in the first face of power which states that power is witnessed by an individual, so can therefore be measured. It was the Classical pluralist, Robert Dahl who defined the first face as A had power over B to the extent that s/he can get B to do something B would not do otherwise' (cited in Hay: 1997: 46). The first face of power is known as the decision-making process as the decision made by A consequently influences the actions of B. Pluralists believe that powerful actors are those whose opinion holds sway in the decision-making arena, whether a parliament, cabinet or diplomatic negotiation (Hay: 2002: 172). Elitists believe that there are two faces and that decision-making is not the only means of attaining power. The pluralist first face provides the foundations of elitisms second face of power. This face was created by Bachrach and Baratz who recognised that power could be gained through the process of agenda-setting, not only decision-making (Hay: 1997: 46). Agenda-setting occurs when A sets an agenda leaving B with a restricted number of options in the decision-making process. Bachrach and Baratz believed that the process of agenda-setting would broaden the concept of power, and with it the political as pluralisms first face restricted these (Hay: 2002: 175). Pluralists describe power as explicit as it can be easily observed, the elitist second face, however, is more implicit and unobservable as it depicts how power can be handled by A in an attempt to alter Bs decision. In 1971, a third face of power was created by Steven Lukes, a Marxist. His third face recognises a persons ability to manipulate a persons wants through the mechanisms of institutionalised persuasion via a process known as preference shaping (Lukes cited in Hay: 2002: 179). Marxists accept that it is not always possible to observe power, so focus their ideas around the second and third faces of power. This highlights weaknesses in the pluralist view of power as they fail to consider the possibility of power being manipulated or concealed within society. This means the pluralist view of power is not the most persuasive, instead the Marxist view can be seen as most persuasive as it identifies unobservable power and acknowledges the ability to manipulate power (Hay: 1997: 47). Pluralism can be seen as an idealised view of the state where everyone is equal, a view which is not wholly realistic in todays world. Many believe that Marxism and elitism provide more accurate representations of the world today due to globalisation. Whilst pluralism is preferred by citizens as they feel it gives them hope for political and social equality, in reality Marxist and elitist beliefs control our society due to a select number of institutions and actors dominating decision-making arenas. Globalisation is vastly important for global trade and development, however, it is run by elites purely to maximise capital; the wants of the people are not considered. In recent years elitism has paved the way for globalisation as we have seen the emergence of new elites at the transnational (e.g. multinational corporations), supranational (e.g. the European Union bureaucratic elite) and international (e.g. international policy-making elites associated with global financial institutions such as the International Monetary Fund and the World Bank) levels (Evans: 2006: 40). These institutions are supervised by elites who have the power to dictate our lives from afar. A key example of elitist domination is the Lisbon Treaty recently ratified by the European Union (EU) which many believe to be undemocratic as it limits member states sovereignty. Due to the Treaty, the European Parliament, Council, Commission and the Court have the power to make decisions which member states have to abide to by EU law (Maurer: 1999: 3). The decision-making process here is centred around EU institutions and left in the hands of elites who dictate laws to member states; the citizens lack the power or influence to instigate change. One could say that elitist globalisation requires aspects of pluralism, as in order for these institutions to operate a network must exist allowing co-operation between parties. These institutions recognise the need for a support network in order to maximise efficiency, a global elite network is thus created in order to maintain its power base in society (Evans: 2006: 40). It is clear to see how elites, whether political or business, can dominate global decision-making via globalisation, globalisation has aided elite domination by restricting societys hold on politics. Globalisation can be interpreted, not only through elitist beliefs, but also Marxist beliefs as globalisation is the internationalisation of capital (Jessop cited in Hay: 2006: 77). Globalisation centres around trade as trade generates capital accumulation which is of primary importance to capitalists. Engels stated the modern stateis essentially a capitalist machine as maximising profit was the only aspect of the state deemed important (Cited in Hay: 2006: 62). Marxists highlight the influence self-interested capitalists have had on the globalisation process by centralizing economic greed, rather than considering the political or social needs of the state. Marxist theory can therefore, offer an accurate analysis of globalisation as capitalists, like the elites, are working against the people in an attempt to fulfil their own needs. This highlights that Marxism and elitism, despite disadvantaging society, are more persuasive theories in reality due to the impact and influence globali sation is having on the world. Elitists believe rulers of society are engaged in an ongoing process of competitive elitism (Evans: 2006: 40). Competitive elitism allows elites to compete against each other in order to achieve something they other party may also want, for example politicians see the electoral arena like a market and have to attract the greatest possible number of votes (Kavanagh, Richards, Smith Geddes: 2006: 27). At face value, politicians want to appear to consider the wants of society in order to win votes, however, in reality they do not care as much about the people as they appear to; winning the election and beating their opponent is more important. A prime example of competitive elitism occurring in society is the upcoming elections as each party is focussing on the oppositions negatives rather than what they will offer the country if they win the election. This is an attempt to smear their rivals campaign by highlighting negatives within their agendas, for example, the Conservative Partys campaign posters for the 2010 elections mar Gordon Browns actions whilst Prime Minister with headlines such as I doubled the tax rate for the poor. Vote for me. And I took billions from pensions. Vote for me. (conservatives.com: 2010). Actions such as these undertaken by political actors emphasise competitive elitism within politics; the national interest takes second place to the wants of the political elites. Competitive elitism highlights the occurrence of elitism within society as elites are self-interested and want to maximise power, despite degrading politics and society in the process. I conclude that pluralism is the most persuasive political state theory due to its belief in the dispersion of power and group plurality enhancing equality, both socially and politically, making the state more democratic as the voices of the people are heard. However, emancipation of the people has not yet succeeded as pluralism is seen as too idealistic, instead elitism and Marxism remain in control and restrict society. Globalisation is fuelling these state theories as institutions and actors are too concerned with their own interests to consider others. This essay concludes, therefore, that despite pluralism comprising of idealistic qualities there are aspects of it in todays society, which gives society hope for the future. An equal and democratic pluralist state is within reach providing globalisation and the actions of elites are monitored.