Different Family Values Between China and America

The family education is related to a person†s life. Nowadays, social development needs high qualified talents and good family education is the key point to the high qualified talents. Because of the different social systems, culture backgrounds, education aims and so on, family education for the children is different in many aspects between China and America. In the education projects of training new century talents in the world, all the countries put family education in a very important position.Although family education now attracts social circles’ attention, especially educational circles’ attention, Chinese family education still had a lot of problems. This paper first introduces the definition of family education. Second, this paper points out the main problems in today’s Chinese family education. Third, by comparing, this paper points out the different family education between China and America (mainly on aspects of family education’s contents, aims and methods). Family education aims for training the children into what kind of person that the education contents and methods choose according to the aims. After comparison, the paper interprets the reasons of these differences. Finally, the paper puts forward some methods that suit Chinese family education. [Key Words] family education; comparison; American; Chinese 1. Introduction Entering twenty-first century, as one of the hottest spot, family education is becoming more and more important in people’s life. Family, as the cell of society, is the first place that children receive education and the first unit that the children get in touch with the society. Education is a highly complicated process which is connected with families, schools and society throughout one’s whole life. A modern society, whether it can present its special education function, which is already the base of the power to push the society and creation of family happiness. In modern society, family education contents become various, it includes not only family life education, family relation education, family morality education, but also children education, parents education and so on. In this paper, I will discuss the education of the children.2.The definition of family education â€Å" Harry Chester’s Schools for Children and Institutes for Adults (1860) says, ‘Education is the development and training of the human being in all his capacities, spiritual, intellectual and physical†¦Ã¢â‚¬â„¢Ã¢â‚¬ [1]P148 In the dictionary, the definition of family education explained in this way: Parents or elder generation educate the child or teenage in family. Different society needs different family education. â€Å"Zheng Qilong, in his work family education, explained it in another way: Education is a society use to educate new generation with aims and systems†¦Ã¢â‚¬ [2]P6-7 Family education is parents educate their children, it is an important part of t he whole education system.For the sake of the changing situation, the definition of family education should be extended: â€Å"(i) Family education is not only the action of family but concerns the whole society. (ii) Family education’s aims are not only studying the family relation and living skills, but also the physiology and psychology of every family member and family members all-round development. (iii) Family education is not only the way that parents or elder generation educate the child or teenage in family, but all the family members educate each other. (iv) Family education is not only the education of the pre-school education, but also all life education.†[3]P523.Main problems in today’s Chinese family education 3.1 Parents’ mistake in conception of value and wrong activities leading A child’s conception of morality and value orientation learns from acquistion, especially from his parents. So parents affect the child’s mind great ly.â€Å"(i) If parents always say some positive view, such as, ‘Money makes the mare go’ or ‘Money talks.’†[4]P23 The child may form a conception that people live in order to make money which is a wrong view of value. (ii) Parents sometimes endorse some wrong behaviors, the child may form an idea that those wrong behaviors are right. 3.2 Utopian expectation of children’s educationChinese parents produce a great impact on children’s future. When a baby born in a Chinese family, his parents often design a future for him, no matter the child likes it or not. That is to say, Chinese parents would enforce their children living under the designed future instead of considering children’s feelings and abilities. â€Å"Just as Phierbaha says ‘Parents’ biggest  false is they stand in their position and interfere children’s nature development.’†[5]P24 In China, we can find the following scenes easily: Pa rents take their children to various kinds of lessons after school. Children would be punished if they didn’t get a good mark in examinations. 3.3 Harmful types of family education3.3.1 A utocratic type of family education In some Chinese families, parents require their children should do whatever they want their children do. If the children didn’t do as their order, they will scold the children, even worse, they will punish the children. â€Å"A questionnaire of 300 students in a middle school shows: Ninety percent of the students had been punished!† [6]P24. They can’t bear that children did’t obey them. They restrict their children. They check their children’s cellphone. 3.3.2 Indulgent type of family educationParents’ love is very important for the psychology development of teenagers. However, in modern China, a child is probably the only child in a family, and parents give too much love to the child. It leads to a situation that t he child can’t live without their parents. They seldom run into troubles because their parents had already solved the problem for them before they meet the problem. This kind of children can’t get along with other people very well. They consider themselves as the most important ones. Even worse, they may not have enough independent ability to live in the society without their parents’ help. When they go to society, they will feel depressed. â€Å"In a investigation of 4000 youth criminals, 16.3% of them receive this kind of family education. †3.3.3 Careless type of family education It usually refers to parents who lack of responsibility to take care of their children. Young parents are working hard to make money. They don’t have enough time to get along with their children. According to a survey, the children whose parents are individual entrepreneur, taxi driver or labor contractor, break the law easily. The main reason is the parents mentioned ab ove, who have few time at home. Even they are at home, they seldom put their hearts on their children. They simply think if they provides a good living condition for their children, who will become a talent. This type of  family education is dangerous. Children’s thought is not mature enough to judge all the things in a right way. It is easy for children to choose the wrong way to go.3.3.4 Changeable type of family educationThe children had been influenced greatly by this type of family education. For parents, the way to present this kind of education is self-contradictory. In other words, one parent is severe, another indulgent. Or the same behavior, is allowed today, but is forbidden tomorrow. A great number of research proved that children’s behaviors have a close connection with the changeable type of family education when they are young.3.4 Bringing up by elder generation show more disadvantagesBringing up by elder generation means more chance to spoil the child ren. The popular situation is that children raised by grand-parents. In this way, there are more disadvantages than advantages. Grand-parents used the traditional view to teach their grand-sons or grand-daughters. The result of this will destroy the children. 4.Main problems in today’s American family education4.1 Indulgent type of family education Different from Chinese family education, Ameirican indulgent type of family education had more harmful effection. Because over indulgent, it made a lot of social problems.Such as, teenage crime. In radio or TV, we sometimes can get a information that a 15-year-old boy shot his friend in the middle school.4.2 lack of communicationAmerican think that every member in a family, he or she should had his or her own space. In their opinions, they can†t interfere each other even they are in a family. And when a person is 18 years old, he may leave his parents. It means his has little time to stay with their parents. So they has less resbosibility to their parents. But, in Chinese people’eyes, it’s no a good idea to leave their parents. It may lose the chances to communicate with each other.4.3 pay too much attention on happy learningAmerican take happy learning serious. But, in fact, happy learning is good when children are young. Only pay attention to happy, parents may find that children’s learning levels are declined. For example, some students who get used to happy learning, can’t calculate without calculator.5.The comparison of the family education’s process between China and America From the results of the family education, we can find, in the process of family education, although it is not a kind of systematic education, it still has its educational aims, contents and methods, like the schools, which play an important role in the educational system. The aims of education are the most important ones which determine family education’s contents and methods.5.1 The c omparison of the contents of family educationThe aim of education determines the content of education. â€Å"The contents of American family education are very plentiful. American parents pay attention to their children’s all-round study.† We called â€Å"qualified education†,which includes physical strength, cognition, social ability, emotion and so on. To enhance children’s physical strength, children do outdoor exercises, such as, playing on a swing, hiking. On the development of cognition, parents train children’s sense organs, enlarging their culture view and hobby. For example, when parents go to library for study or borrow some books, they always take their children with them. In this way, they can stimulate children’s interest. On the development of social ability, children are required to enjoy themselves and share things with their friends. On the development of emotion, with the help of the parents, children learn to enjoy music, art or dancing etc.Although the contents of Chinese family education are divided into morality, intelligence, physical, art etc. However, when the child at school age, intelligence is the most important. The contents of education become imbalance. In physical, Chinese parents pay more attention to children’s nutrition, they make great effects to prevent their children from diseases. Compared with American parents, this kind of education is a protection which is defensible, static and passive. Greenhouse-training can train a person strong; On intelligence, children are given knowledge, skills, such as, the books that are full of knowledge and interesting things, at the same time, they learn the skills of reading, writing and counting.When the children begin their school  education, family education are inclined to the tendency of school education: parents supervise children’s study, check their homework, buy extracurricular exercises for the children. On art education , more and more parents realize the important professional skills. So they request children to learn drawing, dancing without children’s willingness. It is a blind action, it may kill children’s talent, even worse, they may pay a good deal of money and a lot of time but without good results. And doing this willgive too much pressure to children. By comparison, American family education’s contents are substantial and scientific. On the contrary, Chinese family education’s contents are narrow, limited and not scientific. For example, in Chinese family education, physical is less important than intelligence.Chinese parents pay more attention on children’s health from which is the low-level content. Children ignore physical training, lack of outdoor exercises, stay at home to watch television. Then the number of getting adiposity become larger. Intelligence includes practical ability and latent capacity. Practical ability is what you know, what skills and knowledge you should master. Chinese family education always ignore skills, such as, living skill, working skill, communicative skill etc. American people take these skills seriously instead of ignoring them. In their opinion, these skills are the basic quality to stand on the social stage.Chinese family education ignore not only some practical abilities, but also latent capacities which are divided into study ability and creativity. Chinese parents seem to think highly of knowledge study, in fact, they only pay attention to the low-level knowledge which just can deal with school examinations. In a questionnaire called â€Å"how to train teenagers’ creative ability.† There is a question , â€Å"If you find your children trying to take a clock apart, what will you do?† 40% of parents will scold the children. 48% of parents will use a way without patience.From this questionnaire, we can find out Chinese parents’ ideas of training creation should be impr oved.By comparison, American parents pay attention to children’s multi-hobby and creation-consciousness training. Most American experts adviced that not to learn knowledge without comprehension study. When children come back home from school, Chinese parents always ask a question â€Å"Do you remember what the teacher teach?† or â€Å"Do you get a good mark on today’s test?† Yet, American parents will ask â€Å"Do you ask teacher some questions?† or â€Å"Is the lesson  interesting today?† This present the different opinions on intelligence between Chinese parents and American parents. 5.2 The comparison of the aims of family educationFamily education’s aims determine it’s direction. So the aims of family education are the core, which is the basic reason of the different family education between Chinese and American. Family education’s aim is to train a child with some characteristics through family education. Once the aim is determined, education contents and methods should be chosen according to the aims. So what’s the different aims of Chinese family education and American family education, or we can say the different expectations of the parents in the two countries.American family education’s aims are to train the child into a social man, who can deal with all kinds of events and own independent ability. It is not a high expectation. â€Å"Social man† is not an utopia idea, but a requirement which is practical and easy to achieve. So American parents have a relaxed attitude to educate their children. They are good at finding out the active parts from their children’s individuality. And the children can find their value from family education. In fact, this kind of education can achieve good results.According to this aim, they can train their children’s independent ability. Let’s see American children in different periods. When they are still a baby, th ey sleep alone; When they can walk by themselves, they seldom ask parents for help; When they grow up, they own their rooms and they should clean the rooms by themselves; They do what they can do from childhood to make money. For example, they do house cleaning, be a baby sitter, send newspapers; When they go to senior middle school or university, they do part-time jobs to make money for the cost of living. By comparison, Chinese family education’s aim is to train the child into a talent, who has a bright future. A bright future means to get a good job and to lead a simple life all their life time.First, this aim is high and full of utility. It is hard to achieve, because â€Å"having a bright future† is not an ordinary aim. Because of the aim, Chinese parents especially concern about children’s study achievements. Their only requirement is that their children can concentrate all the attentions on study. At the same time, they ignore their children’s extr aordinary abilities, damage their imaginations. At the end, parents would kill the talents before the children  become qualified persons. Although Chinese children study very hard, and get good achievements. They lack of abilities to suit this society. Sometimes, parents’ expectation would come to nothing.5.3 The comparison of the methods of family educationThe methods of family education are the concrete measure of education contents. The choices of which education methods are connected closely to a nation’s custom, culture and history. At the same time, it is restricted by education aims. Conversely, whether the parents can use the scientific education methods properly is connected to the realization of family education’s aims and contents. Generally speaking, in American families, â€Å"parents mainly use an equal way to educate their children.They respect children’s personality and rights. Children, in the family, are treated as independent individ uals. Parents and children are equal.†By comparison, Chinese family education’s methods lack of equality. Chinese parents don’t treat their children on the same level as themslves. Instead, parents stand for the elder generation and the children stand for younger generation. American parents advocate the open education:First, they pay attention to practical training, emphasis on training children in practice instead of preaching. In American’s opinion, if the children can do the work, let them do it. Through the process of doing the work, they can improve their recognition of things, accumulate experiences, master skills, enhance capacities, develop hobbies and consolidate self-confidence and responsibility. We can say, American parents give the key of the door to children instead of opening the door for the children.Second, American parents think play and game are very important. They think play is the most important thing when children are young. In Amer ican, children take part in all kinds of activities, do a lot of outdoor exercises. There are a lot of good places for them to do exercises. On the weekend, parents go out for tour with children. In the process of playing, the children develop their intelligence, such as imagination, judgement, communication with other people and emotion adjusting and so on.. Chinese parents advocate the close education:First, they ignore the importance of practical training, instead they pay attention to preaching. The requirement to children is study. All the things, including what the children can do by themselves, are done by their parents. It is the reason why Chinese children learn a lot of knowledge but can hardly do anything when they enter the society. Second, they lack of outdoor exercises because Chinese children have endless homework. They live under the pressure of a lot of examinations. At the same time, they can’t find a good place to do outdoor exercises. Because of different education types, American family education and Chinese family education show different methods. So, we can try to turn our close education into open education. American family education methods present in four aspects:First, children have their right to speak, in other words, they can show their opinions on family affairs. American parents inspire their children to say what they want to say . Second, American children have right to choose, when the children start to show their ability to cognize things, they would like the children to choose by themselves. The children can choose games, books, friends, jobs and so on. American parents wouldn’t put their opinions on their children. Most of the time, their role is to lead the children to choose, or they only stand behind the children, to give them confidence.Third, American parents can make friends with their children, they can communicate on the base of equality. Fourth, American parents respect children’s rights of pri vacy. Chinese family education methods also present in four aspects: First, children have less right to speak, that is to say, Chinese parents require their children to obey the rules, and have few different ideas. As the American president Nixon said â€Å"The task of Chinese education system is to train children into a person who is docile, completely listen to elder generation. In this way, they lose Chinese Darwin and Einstein.†Second, Chinese children have limited right to choose and most of them would like to do things according to parents’ willingness. Third, Chinese parents always appear with a image of authority so their status are higher than their children at home. Fourth, Chinese parents always destroy children’s rights of privacy. For example , their school bags are searched; diaries are peeked. We can find that differet family education methods present in different aspects. American pay attention to the right  children own, but Chinese never thin k so. The democratic method of education which is a kind of loose and comfortable education, and presents a great deal of advantages: For one thing, it helps to train creative ideas. Loose and comfortable conditions are the most important to stimulate children’s creativities.Under high pressure, children’s creative ideas would be constrained. On the contrary, in a happy and calm family atmosphere, children can be stimulated easily. To produce a loose and comfortable atmosphere, parents should build a relationship equalled with children. For another, it helps to form healthy personality. Children would take part in family affairs actively, to express their own opinions, stop being afraid, and be full of self-confidence and responsibility if they are given the rights of speaking, attending and choosing. In addition, this kind of relation can inspire children to share their secrets to their parents. At the same time, parents can understand children’s thoughts. It u rges children to form a good personality. However, autocratic method of education presents a kind of restrained education, which constrains creation and the development of personality.6.The comparison of the family education†s results between China and America Different results of education are due to different contents, aims and methods, which can be discovered after comparison . Generally speaking, American children show distinguishing features when they are very young. For example, they show great enthusiasm, keep calm when they run into troubles, get on well with other people, have great power and are full of new ideas, strong independent ability and social ability. Because they are independent from parents when they are 18, they are full of more confidence and courage.Further more, they should do part-time jobs to meet their needs of money. Having the idea of suiting market economy, they take part in money management, at the same time, they learn how to promote sales and communicate with customers. They realize money is not easily earned by all these kinds of practice. Thus, they get into a habit of thrift. In a word, the outstanding characteristics of American children are their great abilities and the adaption to the society smoothly. However, Chinese children, teenagers, even university students, who do well in their studies, show negative tendency in their characteristics. In more details, they  behave in a passive way, such as timid, having deep-rooted dependent mentality, lacking of the ability to communicate with other people.Even worse, with poor independent viability, they can’t deal with money in a proper way. In short, they are lack of the ability to adapt to the society. All of these characteristics, which can be found from Chinese children, are due to Chinese â€Å"diploma-education†. Chinese parents expect their children to study hard in the school instead of taking part in the changeable society. Nowadays, what kind of the education results fits the society? Social development needs man’s activity, creativity and humanity’s liberation.As the civilization develops, more and more people need to focus on the development of humanity and the ability to do all kinds of things. So we can say today’s society needs active and all-round talents. Obviously, American family education can train a child, who is full of creativity and capability, by comparison, Chinese family education only can produce a â€Å"talent†, who is good at studying and obeying the rules. It is the result of â€Å"examination-center-education†, which can do harm to our teenagers’ body and mind. So Chinese family education needs a reform immediately.7.The causes of family education’s differences between China and America In modern society, parents take education seriously in Amreican the same as those in China. Why these two kinds of family education have so many differences? To sum up, the causes of different education are:7.1 The different history backgroundsAmerican, which is an emigrant country with a short history, has less old culture. Affected by multi-culture and multi-value, it can accept new thoughts and culture more quickly without restriction. So compared with Chinese people, they possess more adventure and creation sprits. However, China had a long history, at the same time, it reserves more old culture, especially is affected by feudal farmer’s idea for a long period. Its culture value is conservative and cautious, which lacks of adventure spirits and creation consciousness. Chinese people are educated to be obedient, comparative and lack of an environment to accept new ideas on the whole.7.2 The different economic patternsAmerican productive force is advanced. Its commodity economy is flourishing. There are a lot of opportunity to get jobs. The pressure of living are limited. Moreover, The United States is a society of capabilities, where the system of is perfect, staff are free. And they have a lot of opportunities of changing a job. It means there are various of jobs for Americans to choose. In American parents’ opinions if children can base themselves on the society, no matter the job is highly valued or not. Besides, commodity economy is changing in every minute, jobs are changing too. So parents never think their children can live a smooth life.Consequently, American family education’s aim is to focus on training children into â€Å"human† It seems more macroscopic and wide-ranged. It meets all changes by remaining unchanged. By contrast, â€Å"China is a developing country. The pressure of living is great. China is a society of diplomas. Jobs are stable, so Chinese always put all their happiness on a job. Their choosing are limited. Chinese parents think good study achievement can bring a good job for their children. It is a smooth way of life, and it is also the best way for a person.† Therefore, Chinese family education’s aim is to focus on training children into â€Å"talents†.7.3 The different social conditionsAmerican have good economic conditions, perfect old-age social system. American parents don’t have the idea that rearing children against old age. Instead, they think when they become old, they can go to old people’s home to live the rest of their life. So they rear the children to 18 years old, who become independent persons, and they finish their jobs without considering what the children will be in the future. They don’t care about whether the children will bring honor to them or not.By comparison, China, a nation which economic condition is poor, has incomplete social old-age system, and exists some old conception questions. Chinese parents consider that children’s education is connected with the rest of their life. They treat the children as their own property, require children to pay back for them. And the t hing that presents it in their ways is education. Many Chinese parents treat the thing of beating children as a personal affair. They think no one can interfere,let alone the law. 7.4 The different traditional cultures7.4.1 Different value orientationsAmericans pay attention to personality, their value orientation is based on the individualism. They lay stress on their own benefits, advocate individual improvement and find their own true value. It is the core of American culture. An American scholar pointed out: In a democratic society, every citizen has his own goal, which is himself. In the family, individual is the most basic one, which is the valuable, independent from his family relation and doesn’t depend on others. So in American family, parents used to treat themselves and their children as two separate individual. â€Å"Self† doesn’t only include parents themselves but the children selves. To carry out children’s self-value, parents should respec t children’s willingness, interest and hobby first. But American parents attach importance to enjoying their life.They wouldn’t give up to go to cinema because of the children. Chinese pay attention to general character. They have a conception, which is the most important. The conception is collective spirit. In other words, it means considering things as a whole. It emphasizes collective interest more important than individual interest. Chinese consider that a person is living in contrast with other people. From ancient time to the present, â€Å"self†, this conception results from contrast with other people, that is, individual value only can live with others’ relations in Chinese society. In Chinese family, parents lose themselves at the same time, they don’t respect their children.â€Å"The way that Chinese parents lose themselves presents as following: they consider children as their own, as a continuation of themselves; their children seems to be their whole lives and hopes; they put all their hopes on their children. This kind of parents would use their determination to replace their children’s.†[10] P62 They think from adult’s view. So we can find Chinese parents always set an impractical goal for their children. American pay attention to personality while Chinese pay attention to general character. It has its economic background. In the structure of modern capitalism, American’s commodity economy defeated nature economy. And it exists for more than a hundred years. In the condition of commodity economy, individual is independent relatively. One person, if he wants to develop in the competition of commodity economy, he must improve himself.Therefore, in the commodity economy society, people keep a tradition which is to value self the most important. By comparison,  Chinese’s nature economy existed for thousands of years. Chinese are get used to tying on the land. Individuals lack o f the condition of developing by themselves. Through dozens of years planned economy, even more than twenty years of market economy, Chinese can’t get rid of the dependency. Individual’s development often need other people’s help. Even evaluating an individual is carried out by comparing with other persons. So Chinese like taking part in community, in order not to be isolated. å’Å'Americans encourage rationalism. Their family education praise rationalism highly, which they treat as a basic principle to deal with family members and family affairs. Most of American parents consider the obligation of raising a child the same as the obligation to the society. It does stand not only in an individual position but the social position. In Americans’ opinions family education is considered as an obligation, so Americans never want to get something back from their children. They consider that they ought to go to the old people’s home. Of course, it is bas ed on American perfect social security system and their culture.Chinese encourage affection which is considered to be the most important thing in Chinese society. Chinese family education, human relation is the base and emotion is the rule to deal with the relation of family. Chinese parents consider the children as their own private property, from the angle of their honor. Chinese parents take the greatest care of their children but with a conception of getting back something from their children. From this point of view, we can understand why more Chinese parents expect their children to be talented than American parents does. They put too much material gain in the aim of family education.8 Suggestions This paper is comparing the vague generalization of family education between China and America. Chinese family education and American family education have their own characteristics. Furthermore, American family education has its disadvantage either. Apparently, the paper doesnâ€⠄¢t aim at denying American family education or Chinese family education. Through the comparison, this paper puts forward some suggestions that suit for Chinese family education.8.1 For education aims: turn â€Å"talent† education into  Ã¢â‚¬Å"human† education. Through the comparison, we can find, American family education’s aim more fits the development of society. At the same time, it can produce more creative persons. We can’t deny, in Chinese examination education, we kill a lot of talents .If we want to change the situation, we need family education’s help. Generally speaking ,as the enhance of social productive force, the society competition becomes more and more fierce. A person’s comprehensive quality becomes more and more important. In fact, this comprehensive quality is the basic human education. Using human education as our family education’s aim, Chinese will get rid of the mistaken ideas of family education.8.2 For educa tion contents: â€Å"turn ‘one-sided’ family education into ‘all-round’ family education. Today’s aim of family education is to teach intelligent knowledge. Because of the wrong aim, the intelligent education is the most important. This kind of education, will make children’s quality development unbalanced so that they can’t fit for this changeable society. After setting up â€Å"human† education as our family education’s aim, parents should improve children’s comprehensive quality. If we want to improve children’s comprehensive quality, we should turn one-sided family education into all-round family education, especially education of latent energy, morality and temper.8.3 For education methods: turn â€Å"restrained† education into â€Å"loose and comfortable† education, turn â€Å"closed† education into â€Å"open† education. Affected by Chinese culture, parents have more power than democracy. This kind of education is harmful for teenagers’ mature. Modern society should advocate loose and comfortable education and open education. 8.4 To set up a conception of qualified educationNowadays, education reform’s core is to improve education’s quality. â€Å"The main aim of education is to teach children to learn from how to live to care other people then responsible for others.† Concerning to family education, parents should set up a conception of qualified education. Qualified education is based on human’s physiology and psychology, which has nature peculiarity. It is a kind of education that can train teenagers all-round development. Furthermore, its goal is to fit the needs of the society’s development.Through qualified education, parents teach the youth playing, working and communicating which are the abilities a person should  own in modern society. Quality education aims to improve every aspect of quality a tale nt needs. It is not only a conception of qualified education but also a conception of value. Only when the parents set up the conception and use it as family education’s guide, can the children get used to this society quickly and smoothly. 8.5 To turn sole education into multiple educationIn Chinese, many parents aim the goal of education on intellective education. So they ignore non-intellective education which concerns children’s physiology health. Scientific family education should give first place to intellective education and in addition, take care of children’s physiology, psychology, knowledge. Besides, parents not only teach the children knowledge of culture, which is necessary in a person’s life, but teach other kinds of knowledge. Although to increasing knowledge of culture does good to intellective development, it is not sure it helps a lot.8.6 To turn knowledge education into capability educationIn today’s society, development of moder n science has put training ability in a higher position than teaching knowledge. Family education demands the parents not only to give children food but the skills to get food. Chinese should change the method which focuses on the knowledge, turn knowledge education into capability education. Ability is the intelligence that people finish a task or achieve their goals It is the result of psychology condition and physiology condition. It includes intelligence skill system, motivation structure system and operating skill system. These three systems connect with each other and inspire one by one. A person’s development level depends on the whole ability system which is formed by them.8.7 To use scientific mode of family education to speed the refrom of family education8.7.1 Creative type of educationâ€Å" This kind of education pays close attention to the development of children’s latent energy, which fixes eyes upon the use and training of intelligence. It advocates on creative study through active research and self improvement. â€Å"The basic education mode is: cognition-research-creation-application, which is people’s ability of  acquiring and using knowledge, and the wisdom that people show.† It includes observing ability, memorial ability, thinking ability, practical ability and so on. These abilities connect with each other and restrict each other. They are always considered as a whole. So intelligent education depends on all of the abilities mentioned above.8.7.2 Successful type of educationIt aims at creating the condition of success. It requires children to grasp the opportunities of success. It also requires children to hold the opportunities of success. In this way, children can improve self-confidence. Using this kind of education mode, children can develop themselves step by step on the way of success. â€Å"The basic education mode is aims-success-new aims.†8.7.3 Happy type of educationIt advocates parents to create a perfect education condition, which develop multi-ways and multi-form of education activity. â€Å"The basic education mode is action-master-application on action.†8.7.4 Qualify and special type of educationIt emphasizes on the basic requirement of the whole. In other words, it means to make sure the basic things in education. Besides, if the children have already learnt the basic knowledge, parents can make full use of the advantages of their children, encourage their children to develop in more aspects. â€Å"The basic education mode is base-multi-action-more aspects development.†9.Conclusion American famous writer John Brasal said in his best seller Family May Hurt You When a person grow up, all his behaviors are determined by the family environment when he was a child. Every child grows up under his parents’ family education, what kind a person will be, depends on what kind of family education he received. Children’s character and destiny are connected closely to family education. For the family, for the children, for the parents, we should change the wrong conception of family education and correct it at once.We, Chinese, should change utopian expectation of  children’s education. Give up the harmful types of family education. Pick up good idea from American’ family education. To turn â€Å"talent† education into â€Å"human† education.. To turn â€Å"one-sided† family education into â€Å"all-round† family education. To turn â€Å"restrained† education into â€Å"loose and comfortable† education. To use scientific mode of family education to speed the refrom of family education. If we can follow these changing, Chinese family education will go to a bright future. Ameircan also can get something they lack of from our family education.

Man and the Machine Essay

From the aeon of the history, we have perceived that man has been developing at jet speed in the fields of science and technology. Man, who once lived in the forest, in the natural state, is now on the cliff of mechanical advancement. The question arises today is, â€Å"who made whom? Did machine make man or man made the machine? The question might seem obscure or absurd but it intrigues us to ruminate over. The life leaning upon the Nature has taken a hue turn towards machines. Hence it’s difficult to operate man away from machines and visa versa. With the embrace of machines man has become systematic and machine perspective towards living. Man in history invented machines but became dependent too. Once man had cure in the nature, joy in the lap of nature and lived a satiated life in the bosom of Nature. Machines have denatured man. Machines that assumed â€Å"Nano† forms became part of man. Today one can’t but has to lean on them to survive. At present the machine is helping a small minority to live on at the exploitation of the masses. The motive force of this minority is not humanity and love of their kind, but greed and avarice. The craze of cell-phones is the best example today. We find no men without mobile. It’s a small machine that operates man in all his advancements. It’s not wrong to have such machines but the attachment and dependency of living on them has curtailed human freedom, energy and the strength. Ostensibly, it has become inseparable part of human living. Advances in technology have resulted in man feeling more isolated, alienated and lonesome as computers and i-pods have replaced human interaction. No man is sensitive to their feelings like machines when they are engaged by them. Should machines dominate us –rational, free human beings or should they be used for the development of our skills, talents and relationship? The question is applicable to all. Let us make the best of it to make the world a beautiful place to live in.

Sample Position Paper

The island is called Kankakee in Japan and Oddity in China. The territorial dispute was botched in 2012 by Tokyo, led at the time by the now- discredited Democratic Party of Japan. Reacting to China's increasingly intrusive presence in the waters around the Japanese-administered islands, and fearing that maverick former Tokyo Governor Shinto Ashier would carry through his threat to purchase the islands, then-Prime Minister Whooshing Nodal nationalized several of the islands after buying them from heir private owners in September 2012. China responded instantly with anti- Japanese riots and a freezing of diplomatic relations.Chinese patrol vessels and fishing boats began tense face-offs with Japan's Coast Guard. Within months, both nations' air forces began more active aerial patrols. One year and two months ago, China upped the ante by flying surveillance drones in such contested airspace. Japan responded by saying it would shoot down any drone that refused to leave the skies above t he islands. Beijing says that any attack on its drones would be an act of war. In another sign of high tensions in North East Asia, Japan announced that it scrambled fighter jets on the 7th January 2014 to head off a Chinese civilian aircraft near disputed islands.The Y-12 propeller plane entered Japan's air defense identification zone CADIS), but not the airspace around the Kankakee islets, before heading back to China. The incident is the first reported since China announced its own ADZ last November in the East China Sea, including the disputed islands, provoking an aggressive response from both the United States and Japan. The Obama administration immediately declared that US military aircraft would ignore the new Chinese protocols and flew nuclear-capable 8-52 bombers through the zone without informing Chinese authorities.US allies Japan and South Korea followed suit, raising the danger that an error or miscalculation could lead to a clash with the potential for escalation into an open conflict. The warfare is still continued and Japan did boost their defense budget. Controlling the use of drones for warfare is only in the hands of the nation's leaders. China's ambassador has accused Japan's Prime Minister, Shinto Abe, f â€Å"raising the specter of militarism† and putting his country on a â€Å"perilous path† that could threaten global peace.Lie Gaming said Abe, who has challenged the widely held view that Japan was an aggressor in the second world war, had contributed to a dramatic rise in tensions in north-east Asia with his hawkish policies and a recent visit to a controversial war shrine. The international community, Lie warned, should remain on a â€Å"high alert†. Relations between China and Japan – which enjoy expansive trade ties – have reached their lowest point in decades over competing claims to the Kankakee islands in the East China Sea, which are administered by Japan but also claimed by China.

Moderate Sedation by K2N Assignment Example | Topics and Well Written Essays - 500 words

Moderate Sedation by K2N - Assignment Example As K2N points out, everyone will be brought up to the same level of education in Capnography readings and waveforms, and this will include a full listing of the training modules, including PowerPoints, which will be made available, presumably, on the center’s Intranet. K2N, however, does not present a specific initial method of disseminating the information, such as in a roundtable, for the initial overview. Center Leadership should always be included in the first output of dissemination of the information regarding the program, including the Financial Officer, who must make a financial determination of the cost in using this tool more often, and what it will cost to maintain it accordingly. Accordingly, if current staff members, who are already knowledgeable in how to use the apparatus, will be required to conduct the training, then a schedule may need to be designed to allow for such training, so no one person is teaching more than another one (Melnyk & Fineout-Overholt, 201 1).As K2N points out, everyone will be brought up to the same level of education in Capnography readings and waveforms, and this will include a full listing of the training modules, including PowerPoints, which will be made available, presumably, on the center’s Intranet. K2N, however, does not present a specific initial method of disseminating the information, such as in a roundtable, for the initial overview. Center Leadership should always be included in the first output of dissemination of the information regarding the program, including the Financial Officer, who must make a financial determination of the cost in using this tool more often, and what it will cost to maintain it accordingly. Accordingly, if current staff members, who are already knowledgeable in how to use the apparatus, will be required to conduct the training, then a schedule may need to be designed to allow for such training, so no one person is teaching more than another one (Melnyk & Fineout-Overholt, 2011). This plan looks to be a very promising addition to the function of the emergency department, albeit that there are some wrinkles that will need to be smoothed out before implementation. The plan, in dissemination of the information, is a bit vague, but implementation will be an important addition to the emergency department. There should also be a review after a certain number of weeks, maybe two, to determine how the program is working, relative to the success in the emergency department, and how finances are affected by the changes.  

Various Models of Human Resource Management Essay

Various Models of Human Resource Management - Essay Example Guest Model is very similar to the Harvard model because of both advocates that superior individual and organizational performance is possible only through the integration of core activities of HR. HRM practices are at infancy in the developing economies like China, India etc. Therefore, according to HR professionals, the national factors may influence the HR practices in different countries, thereby, creating distortions in HR models. The four major factors, which are important in this regard, include national culture, dynamic business environment, industrial sector and national institutions.1 The process of formulating HR strategy consists of a few steps. In the first step, it is decided that who is involved in a process and how. In the second step, a business strategy is defined. In the third step, the business strategy is set in an HR context. In the fourth step, a SWOT analysis is done to analyze the problems in the business strategy in the HR context. In the next step, after identifying the priority changes the action plan implemented and outcomes are measured.2 This HR strategy process has been designed for the furniture industry and they are very similar to the bookish HR strategy formulation steps. For the formulation of corporate strategy, the participation of all departments of the organisation is very important because the corporate strategy is very interactive with functional strategy. An organization cannot develop its corporate strategy unless it knows the functional strategies such as HR strategy and capabilities of its departments. Therefore, when developing corporate strategy, the developers should get the feedback of HR people and their considerations should be focused very seriously. In 1997, Essar Steel Ltd realized the importance of HR strategy to develop business strategy therefore, Essar Steel developed their HR function based on their corporate strategy.

Joint Venture with X-Tech (Sweden) and Y-Tech (Albania) Assignment

Joint Venture with X-Tech (Sweden) and Y-Tech (Albania) - Assignment Example This memorandum outlines various principles of cross-cultural management, while also carrying out some cultural profiling of the two countries we are meeting, in comparison to our country. The main goal is to educate and guide Z-Tech managers, who will soon become expatriate managers, and who will need to avoid obstacles such as expatriate failure through culture shock, by improving their respective cultural intelligence (CQ). After posting these cross-cultural management paradigms to achieve optimal success for Z-Tech, the current memorandum concludes with specific recommendations. Z-Tech faces a future prospect of a successful joint venture with Albanian and Swedish companies. However, the conflict must be avoided in order to optimize results and create a win-win situation. A major organizational challenge that needs to be overcome, is conflict. Conflict occurs when members of a group or team cannot reach an agreement through common negotiation. There are many causes of conflict in the organizational environment. Conflict is negative, and effective communication embraces an aspect of positive sharing of information that reflects upon both the sender and the receiver. Only by truly communicating our plans, needs, and desires can we garner effective results. These results are often the result of a decision-making process, which is closely linked to patterns of effective communication and structural organizational theory. The importance of positive and practical decision-making cannot be over-stressed in the organizational environment. In the case of intercultural concepts, the vision or guiding principle or goal of Z-Tech should be looked at in an inclusive way. That is, the concept is inclusive to the culture in this construction, and bears communication across cultural barriers and boundaries to a greater understanding of the positive side of communication.

International business law Assignment Example | Topics and Well Written Essays - 2500 words

International business law - Assignment Example In civil proceedings the wronged party has the sole discretion to pursue his rights, make a compromise or, if he so wishes, fail to bring proceedings or even discontinue proceedings in the course of the trial of a case. The case of Donoghue v Stevenson which falls under the law of torts and is part of civil law is a good illustration that civil law is meant to uphold the rights of individuals. A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a cafe in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Criminal proceedings, on the other hand, are meant to enforce law and order in the interests of the co mmunity (Brody et al 2000), generally by punishing the offender. Proceedings are usually undertaken by the Crown, although private prosecutions are possible but very rare, and once started can be discontinued only by the Attorney-General. On the face of it, a civil offence is a wrong against an individual, whereas a criminal offence is a wrong against the community, but such a line is difficult to draw. The intention of the criminal law is to ensure that every citizen knows the boundaries of acceptable conduct in the UK, for example it is clearly unacceptable conduct to steal from another individual – thereby it is necessary to have the criminal law of theft under the Theft Act 1968. This clearly applies to other criminal offences such as murder and rape. The wrong is against the society. A breach of the criminal laws imposed by society will be seen as a wrong against society as a whole. Therefore if the boundaries of acceptable conduct in the UK have been exceeded by an indi vidual and that individual has been caught they will face prosecution by the state and will receive appropriate punishment such as a fine, imprisonment or a community sentence. References Brody, David C.; Acker, James R.; Logan, Wayne A. (2000). "Introduction to the Study of Criminal Law". Criminal Law. Jones & Bartlett Publishers. ISBNÂ  0-8342-1083-5 Donoghue v Stevenson ([1932] A.C. 532, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1 Evaluate the role of common law and legislation within the English Legal System Common law Common law is based largely on judge-made law (law developed through decisions by judges necessary to decide cases brought before them or case-law) The development of case-law still remains an important source of law. A statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow. Whether or not a particular pronouncement (technically called a precedent) by a judge sitting in court when decid ing a case does become binding (according to the doctrine of "stare decisis" - stand by what has previously been decided) on later judges depends on two main factors: The pronouncement must be made by a court of sufficient seniority. Basically, judges at the lowest tiers of decision making (often called courts of first instance), are not allowed to issue binding precedents. The pronouncement

Organizational Behavior - The Vancouver 2011 Stanley Cup Riots Research Paper

Organizational Behavior - The Vancouver 2011 Stanley Cup Riots - Research Paper Example Organizational theories at play One of the organization’s theories that were applicable in the case is the McCleland’s need theory. This is a motivation theory that explains behavior at individual level and reviews â€Å"personality and learnt needs† (Nelson and Quick, 2010, p. 156). McCleland’s theory argues that people’s behaviors and efforts towards achievement are driven by three major needs, â€Å"need for achievement, for power and for affiliation† (Nelson and Quick, 2010, p. 156). The need for achievement relates to individual’s focus to embrace difficulties towards successful realization of objectives. People who are driven by the need to achieve persevere conditions, plan, and influence to make sure that their expectations are met. The need for power on the other hand relates to the need and capacity to influence an individual’s immediate environment. It involves influencing other people to an individual’s contro l. This need is particularly exhibited in planning and running of an event that involve a group’s participation. The need for affiliation is on the other hand concerned with interpersonal relationships among people and entails emotional expressions and interactions among people in a set up (Nelson and Quick, 2010). ... Similarly, the attendants need to achieve their objective of being part of the game witnessed their early and general turn up for the event. Need for power is also explained through the influence that resulted into the riots. This is because only a small number of individuals started the idea of rioting and influenced others into it. Similarly, the need for affiliation is exhibited by the initiatives of the individual attendants to be involved in the social event, the hokey game. The need was further manifested in the association with the individuals who caused the riots. The other individuals must have been driven by the need to be part of the already rioting group (Nelson and Quick, 2010; Furlong and Keefe, 2011). Abraham Maslow’s theory of hierarchy of needs is also directly applicable to the event. According to the theory, human needs are hierarchical and are satisfied in order of priority. At the basic level of the Maslow’s hierarchy is a set of physiological needs that are prioritized. These include basic needs for survival and are followed by security needs. Subsequently, â€Å"belongingness needs and esteem needs† follow (Daft and Lane, 2007, p. 230). The need for belongingness drives people to being part of groups while the need for self esteem facilitate strife for recognized status of influence in the society. While the need for belongingness was exhibited by the crowds who turned up for the sports event and those that later joined in the riots, either actively as demonstrators or partially as spectators, the need for self esteem was registered among the individuals who organized and fuelled the riots. The latter group must have had a combination of needs to be recognized by the peers as influential and need to achieve (Daft and

The US and Economic Development Essay Example | Topics and Well Written Essays - 4750 words

The US and Economic Development - Essay Example According to Nye (2004.p1) â€Å"power is the ability to influence the behavior of others to get the outcomes one wants†. The concept of soft power has its origin in the late 1980s by Joseph Nye Jr. Soft power is defined as the ability to attract and persuade others thereby shaping their preferences and making them do what you want. Hard power is the ability to make others what you want through inducement (Nye, 1990). On the one hand, it is argued that in many cases soft power works rather than hard power since it helps to get the desired outcomes without threats or force (Nye, 2004). Rather, it makes others do what we want through co-opting them.On the other hand, critics argue that imitation or attraction does not always necessarily lead to desirable outcomes(Cooper,2004).Four different definitions of power are given by Barrett et al(2001).These are the power inherent in an individual itself, ability to make others do what one wants, ability to control the contexts of people ’s interaction and structural power. In general, power can hence be defined as a kind of ability to influence or control others to make them what we want based on all these definitions. This influence is obtained either through inducement, which is defined as hard power or through attracting others or shaping others preferences, which is defined as soft power. Hard power is often associated with military and economic strength while soft power is associated with the attractiveness of culture, institutions and information technologies (Windsor, 2000).6. Though economic strength is associated to hard power, it can be argued that economic wealth can also be used to attract others to get desired outcomes. Hence, it can be linked to soft power too. According to one viewpoint, only hard power gives US the powerful status (Cooper,2004)7 while the other viewpoint gives equal credit to soft power, which has worked well there (Fukuyama,2007)8. Moreover, the soft power index developed by Chicago Council obtains the soft power in US as high (USAPC Washington Report, 2008)9. The next sections critically evaluate this issue for US by examining the various dimensions of soft power in US

Case study Example | Topics and Well Written Essays - 500 words - 114

Case Study Example It specializes in the manufacturing of new glass products. This has contributed to the company’s outstanding reputation in the glass and ceramics markets over the years. This corporation has eight line divisions one of them being the Electronic Product Division (EPD) which focuses on the production of electronic resistors and capacitors. Under the leadership of Don Rogers, who is the Vice President and general manager of the division, EPD’s performance has steadily improved despite its decline in 1991 and 1992. One significant achievement of this unit is that it successfully managed to distribute its products to Original Equipment Manufacturers (OEM) due to its research and development strength. This factor opened new opportunities for the division that contributed to its growth. The growing market of the telecommunications industry is another factor that has led to the division’s growth because it has provided a ready market for products. EPD has been able to maintain competitive advantage because of its ability to respond to customers’ needs by introducing new products that are of high quality. There are various risks the division has been forced to take due to the uncertain business environment (Robertson & Caldart, 2009). The division’s leadership has further steered it to a higher level. Joe Bennett, for instance, used his management style to influence positively organizational behavior. His leadership led to group effectiveness and inter-functional coordination. Rogers, on the other hand, made sure the organization employed professional employees. The company’s success has however not gone without challenges. For example, it reached a point when EPD experienced a lack of growth. Their dollar volume dropped because of price cuts. This forced the management to reduce costs so as to maintain the gross margin. Despite these efforts the gross margin still reduced. As a result, the sales and marketing departments were blamed. The

Tacit Knowledge, Idiosyncratic Knowledge, Path Dependence Essay

Tacit Knowledge, Idiosyncratic Knowledge, Path Dependence - Essay Example In other words, tacit knowledge is hidden knowledge, as opposed to explicit knowledge, which is its opposite, woven into the very processes that some organizations have developed through the years, and woven into the very fabric of the way people carry out their work. It can be surmised that the more knowledge intensive the work is, the greater the role that tacit knowledge plays in making the products and delivering the services tied to that work. b. Idiosyncratic Knowledge As the name suggests, idiosyncratic knowledge is knowledge that is specific to one particular situation, organization, or group of people, and not available elsewhere. There are many kinds of idiosyncratic or specific knowledge for one kind of firm, and like tacit knowledge idiosyncratic knowledge is very much embedded into the very fabric of the organization and of the members of that organization, not easily surfaced and discovered, and very difficult to codify. As the name further suggests idiosyncratic knowledge is something very intimate, and something that cannot be had overnight, for one organization or firm. It is rather something that takes a long time to develop, and something that has to be born and bred in one organization from its daily operations, not easily ported and transferred to other organizations or groups. Moreover, the nature of the idiosyncratic knowledge and of its use has far-reaching implications for competitive advantage and the long-term viability and suc cess of organizations.

Clothes In Latin America Essay Example for Free

Clothes In Latin America Essay Clothes in Chile and general Latin America Clothing styles throughout Latin America vary from region to region and have been influenced through several different sources. Fashion in Latin America today and traditional fashions of Latin America differ dramatically. Climate, location, isolation, population, economy, history, colonial influences are many of the sources that have helped to contribute to these changes. Traditional Latin American fashion varied form region to region but maintained a distinctive appearance. Traditional and new aged Latino fashions are generally easy to decipher from each other. Modern fashion in Chile and most of Latin American have lost their traditional roots and are similar to North American. It has become the norm to see a citizen of Chile walking the street in Gap or American eagle. The amount of traditional roots left in clothes largely depends on the location. Rural Latin American and Chile clothes are much more traditional than in the cities. Rural Chileans and Latin Americans who live in tropical climates prefer lightweight cotton clothing in general. Men usually wear lightweight cotton clothing and loose fitting cotton shirts. The majority of the woman dress in long skirts and blouses. In contrast, people who live in mountains or places of high elevation need heavier clothing for protection against the cold. Both men and woman alike wear ponchos or will simply use blankets with a slit for the head. Woman also dress in full skirts, long sleeved blouses, and shawls. Different lifestyles require different sorts of fashion. Farmers wear straw or felt hats to protect themselves form the sun. In the highlands men often wear coarse hand woven shirts and baggy pants. Rural people generally go barefoot or in sandals, and some even make shoes out of automobile tires. Despite modernized fashion Chileans and other Latin Americans, will dress more traditionally for special events or occasions. Chilean cowboys (Hausas) wear big flat-topped hats, heavy ponchos, colorful sashes, fringed leather leggings, and boost with spurs. This is a traditional outfit for Hausas in Chile. The clothing of the Araucarias Indian women of south-central Chile includes brightly colored shawls and heavy silver jewelry. Many Indian groups wear brightly colored clothing with traditional patterns. In such groups, each area/village has its own special designs and colors. Colonials played a large and important role in the alteration and adaptation of Latin American fashion. The cultures different styles of clothing mixed together and became more European/American as time went on. Over the years factories have bee built throughout Latin America and Chile, many of which produced clothes, influencing fashion further. Media greatly promoted the Americanization of clothes in the Hispanic culture as well. Different regions have held on to their native clothes styles better than others. Traditional clothing, however, can still be found in certain areas of Latin America today. Areas that are more isolated than others have a better chance of holding on to their traditional way of dress. Because these regions are isolated they have not been as colonized as other areas and are visited by outside locations less often. Even if a location isn t necessarily isolated the physical characteristics and weather can cause traditional dress to continue. Extreme heat of cold, high winds, and a rocky area of land are examples of factors that cause modernization to decrease. Clothes worn in Latin American countries today differ greatly from region to region. In Ecuador the Otovindions are well known for their distinctive weave pattern, bright colors, and sharp depiction of figures in their clothing. Clothes in Ecuador and many other Latin American countries are hand made to a larger extent than in America. Bolivia is very much in touch with their traditional roots in clothing today. Many men and boys wear brightly colored knitted caps with earflaps, which help to keep them warm in the highlands. Due to warm weather in certain areas of Bolivia many Bolivians wear lightweight fabric, especially lightweight cotton. Despite the changes in civilization the many native Bolivian Indians are able to maintain their traditional style of clothing and customs. The woman wear their hair in long pigtails with a soft derby hat on their heads. Bolivian women will wear an apron over a bright skirt with many underskirts, which are cool.

An Analysis on the Process of Adjudication

An Analysis on the Process of Adjudication Law is a â€Å"strange compound which is brewed daily in the caldron of the Courts† Hon. Benjamin N Cardozo[1]. The work of deciding cases goes on every day in hundreds of courts throughout the land. Any judge, one might suppose, would find it easy to describe the process which he had followed a thousand times and more. Benjamin Cardozo begins his Judicial Process with these words which with lyrical lucidity show what goes on in a court. It is deciding cases. To a layman, adjudication presents a picture of a court where a judge presides, listens to arguments of rival parties through their counsels and in the end, renders a decision which holds a person liable or acquits him of the charges that were labelled against him. To a lawman who is not untutored in the craft, adjudication means something more. When courts decide cases, they perform two distinct, though interrelated, functions. First, they settle the controversy between the parties: they determine what the facts were and apply the appropriate rules to those facts. This is the function commonly known as adjudication[2].While performing their second function, courts decide what the appropriate rules are and how they fit in a particular case. Deciding what rules are applicable often requires the courts to reformulate and modify the scope of existing rules. The second function is sometimes referred to as judicial lawmaking[3]. While adjudicating cases, a judge may be faced with a question of law or a question of fact or a mixed question of law and fact. Besides, he may come across a case which the existing law does not cover, that is the question to be decided by the court was unforeseen by the legislature while enacting the law. Tools available to a judge while deciding a question generally include the statutory provisions, pr ecedent laid down by an earlier court, and the certain overarching principles like that of natural justice and equality. Judicial function performed by the judges requires them at times to use their discretions and rely on certain -principles that lie extraneous to the realm of the enacted law. This is one aspect of adjudication that has stirred much jurisprudential waters over a long period. Questions invariably asked have been: whether judges only declare the law; whether they only interpret the law; whether they only discover the law or whether they make law also. There are two aspects of judicial function that come to fore: The first-which can be traced back to at least Hale and Blackstone-is that judges merely find and declare the law rather than create it. Thus, judges are, allegedly, not a source of law†.[4] The second aspect of judicial juristic techniques that receives much publicised attention is the doctrine of precedent.[5] The function of adjudication subsumes certain intricately intertwined issues. The tool of interpretation plays an important role in adjudicatory process. It may be said that Adjudication is interpretation[6], given the fact that Adjudication is the process by which a judge comes to understand and express the meaning of an authoritative legal text and the values embodied in that text.[7] Interpretation, whether it be in the law or literary domains, is neither a wholly discretionary nor a wholly mechanical activity. It is a dynamic interaction between reader and text, and meaning the product of that interaction.[8]To recover an old and familiar idea, namely, that adjudication is a form of interpretation would build bridges between law and the humanities and suggest a unity among mans many intellectual endeavours. A proper regard for the distinctive social Function of adjudication, and for the conditions that limit the legitimate exercise of the judicial power, will require care in identifying the kinds of texts to be construed and the rules that govern the interpretive process; the judge is to read the legal text, not morality or public opinion, not, if you will, the moral or social texts. But the essential unity between law and the humanities would persist and the judges vision would be enlarged.[9]The words and phrases are symbols that stimulate a mental reference to referents.[10]And it becomes relevant given the fact that the problem of interpretation is a problem of words and their effectiveness as a medium of expression to communicate a particular thought. One of the important aspects on interpretation is to find the intention of the members of the legislature whose creation, that is the enactment, outlives them. Salmond says that the true duty of the judicature is to act upon the true intention of the Legislature-the mens or se ntentia legis. However, the way this duty is to be performed becomes tedious in that judges have only the barren words to confront with and to find the intention of the legislature. The question of interpretation also brings forth the question: do judges make law while interpreting the law? Does the finding of intention amount only to discovery of law or does it mean creation of law? Interpretation often is instrumental in the birth of new precedents, and there have been arguments put forth that say precedents are clearest examples of judicial law making. Dworkinian thesis of how judges decide cases avers that judges merely discover law; they do not make law. However, it has been argued that when judges discover legislative intent, they in fact invent it instead of discovering it[11]. The growing complexities of modern day life throw new challenges and problems in myriad manifestation before the judges, who at times may be tempted to cross the restraints of written words of law, besides being confronted with question of morality and needs of justice. There may surface a problem which the law when enacted could not foresee. Or the law relating to a particular issue is shrouded in ambiguity. Many a time, a judge may have to trace that golden thread from the labyrinth of legalese and factual matrix that will help him reach the desired goal of rendering justice. Often, it is very difficult to do so. The process of adjudication requires a judge to be attentive and aware of the several factors which at times may have a telling impact upon the rights of people, besides jeopardising the cherished goal of doing justice. Performance of judicial function is an onerous task given the kind of responsibility a judge has to shoulder within the constitutional and statutory constraints that hedge him or her from all sides, though leeway for creativity does exist given the tools of interpretation a judge is armed with.13 Innovation comes to the rescue of judge when confronted with a novel case that demands that the judge acts in a way that justice is done: The discussion and deliberation that follow in the coming chapters focus on some of the key aspects of adjudication primarily that of Dworkins, and an effort is made to critically analyse the various facets of Dworkins theory of adjudication before reaching a conclusion in the light of criticisms levelled against them. 3.2  ADJUDICATION vis-a-vis SEPARATION OF POWERS Within the realm of law, adjudication enjoys a place of prominence. Primarily the task of the courts is to adjudicate upon the issues that arise in disputes between parties which may be an individual, at times, state, and on occasions both the state and individuals. In the modem era, the role of the judges has become more complex and it is now a far cry when compared with the role a judge had to play eons ago. The evolution of the society and the legal system has entrusted the judges with newer powers and functions. Now their area of operation is not confined to decide questions that arise between individuals as Geoffrey Rivlin reminds that First, where there is any dispute about constitutional law, the judges must decide what the law is. Their most important role, however, is to act as an independent check on the power of the executive. Only the courts have the authority to stop any individual or body of persons from exceeding their powers, or making improper use of their powers. Th is is known as preventing an abuse of power. When we speak of judges, it means the entire hierarchy of judges who operate in different courts. The problems arising before the courts and decisions to be rendered are different in nature depending upon the courts. The factors that influence the outcome of an adjudicatory process vary greatly, and so do the decisions of the court. Be that as it may, there are a score of issues that need to be dealt with when we consider the process of adjudication. 3.3  DISPUTE REVIEW BOARD/DISPUTE ADJUDICATION BOARD This method of international dispute resolution, first tried successfully in the 1980s in Central America, is now regularly used in respect of large international construction and infrastructure contracts. These contracts provide for the appointment of a panel of experts, generally construction practitioners (engineers, lawyers, economists), either at the time of signature or in the course of the execution of the contract. For example, contracts relating to the construction of the Vasco Da Gama bridge, over the River Tagus in Portugal, provided for the appointment of two panels (technical and financial) of three experts each. For the Channel Tunnel, between France and the United Kingdom, the designation of apanel of three experts and two alternates was provided for in contracts. Members of the .dispute review board/dispute adjudication board (DRB/DAB) are appointed by the parties in the same way as an arbitral tribunal is constituted, with one major difference. The panel is generally appointed at the very beginning of the project and for its whole duration, whereas arbitrators are appointed only in the context of a dispute. Each party nominates its experts and the two appointed experts designate the third that is, unless the parties have agreed on a different appointment mechanism. A one-member DRB/DAB may also be appointed DRB/DABs typically follow a project from beginning to end (through site visits, study of monthly reports, exchanges of correspondence, miscellaneous reports, etc.), This-is so that they are able, upon the request of a contracting party; to react promptly and knowledgeably and, if necessary, to issue an opinion, recommendation or decision in written form. DRB/DAB experts are usually paid monthly or, for on-site interventions, by the hour. The DRB/DAB may intervene in either a flexible or a more formal manner. In the former, it acts as an advisory body. A party or several parties may, by a simple and informal request, ask for a preliminary written opinion. This opinion is considered provisional in that it does not bind either the parties or the DRB. In the latter, the DRB/DAB plays a more formal role, insofar as it issues either a decision or a recommendation, on a procedure that enables each of the parties to express its ideas fully. Once the panel of experts has handed down its opinion, decision or recommendation, each of the parties indicates, generally within a fixed time limit, whether or not it accepts the decision or recommendation. If the decision is not accepted, recourse to the jurisdictional procedure (before a State court or an arbitral tribunal) remains possible. 3.4  DWORKIN’S THEORY OF ADJUDICATION The courts are the capitals of laws empire, and judges are its princes, but not its seers and prophets. Dworkin, Laws Empire, 407(1986) Introduction In laws empire, judges enjoy a prominent position. They are entrusted with the task of adjudication, which affects the lives of people in ways both seen and unseen. Rights of people who approach the apostle of justice stand to lose or gain depending upon how the judge presiding over the court views a case. Importance of judges in legal arena is reflected in Dworkins writing when he begins his Laws Empire with these words: It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court.[12] The difference between dignity and ruin may turn on a single argument that might not have struck another judge so forcefully, or even the same judge on another day[13]. A single nod of a judge may rob a person of his liberty or protect his liberty. It may mean life or death for a person.[14] The role played by judges assumes more importance today. Given the fact that they perform one of the tedious tasks in a society, it becomes desirable to see and analyse how they do what they do. In view of the foregone discussion in the previous chapter that touched upon the vexed question of what is law and the myriad facets of adjudication that are crucial to the understanding of how law operates in laws empire, the theory of adjudication as developed by Dworkin assumes due importance, especially given the parallels that are perceptible in the time that preceded Dworkins theory. One such parallel can be seen in Blackstones declaratory theory that dealt with the famous account of judging which holds that judges find (or declare), rather than make, law. In the introduction to the Commentaries, Blackstone states that the judges job is to determine the law not according to his own private judgment, but according to the known laws and customs of the land; the judge is not delegated to pronounce a new law, but to maintain and expound the old one. 3.4.1  ADJUDICATION: DWORKIN’S APPROACH To Dworkin, law is an interpretive concept†. By making this claim, he tries to distinguish his philosophy from what he calls semantic theories of law, which refer to positivist theories, like that of John Austin and Herbert Hart. According to him, these theories suppose that that law has a meaning which is shared by lawyers and others. This shared meaning consists of rules for using the word law. These rules, in turn, tie law in positivist theories to historical facts, such as the enactment of a statute or the decision of a case. Dworkin suggests that disagreement about the law, under positivist theories, would invoke legal argument in adjudication only about the historical fact made relevant by the shared meaning of law. He considered three theories of law-conventionalism, pragmatism and law as integrity in Laws Empire. Only the last of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes as the view that the doc trinal concept of law is an interpretive concept. 3.4.2  ADJUDICATION OF HARD CASES The theory of hard cases provided by positivism, according to Dworkin, envisages that when a particular law suit cannot be brought under a clear rule of law, laid down by some institution in advance, then judge has discretion to decide the case either way. He says the opinion of the judge seems to assume that one or the other party had a pre-existing right to win the suit, but idea only is a fiction. In reality, he has legislated new legal rights, and then applied them retrospectively to the case at hand.[15] Dworkin tries to provide an alternative method of adjudication which he calls naturalism. It is noteworthy how he builds up his theory of adjudication in the following manner:[16] I shall start by giving the picture of adjudication I want to defend a name, and it is a name which accepts the crude characterization. I shall call this picture naturalism. According to naturalism, judges should decide hard cases by interpreting the political structure of their community in the following, perhaps special way: by trying to find the best justification they can find, in principles of political morality, for the structure as a whole, from the most profound constitutional rules and arguments to the details of, for example, the private law of tort or contract. Prior to elaborating further on the methodology adopted by Dworkin, it will serve some purpose to see how he disagrees with the general understanding of how judges go about doing what they actually do. He believes that the common story about the way judges function is misleading, and misses certain notable points. He finds a further level of subordination in such a story which goes unnoticed. It is expected that when make law, they will act not only as a deputy to the legislature but also as a deputy legislature. However, Dworkin reasons:[17] They will make law in response to evidence and arguments of the same character as would move the superior institution if it were acting on its own. This is deeper level of subordination, because it makes any understanding of what judges do in hard cases parasitic on a prior understanding of what legislators do all the time. According to him, this subordination is both conceptual and political. He believes that judges are not deputy legislators, and they should not be as well. It is misleading to assume that they are legislating when judges go beyond the political decisions which have been made already by someone else. He argues that such an assumption misses the fundamental distinction between arguments of principle and arguments of policy. It is noticeable, Dworkin argues that the distinct outline here is an improvement upon the distinction between principle and the policy that he made under chapter two of Taking Rights Seriously, one of the virtues among others being that this formulation â€Å"prevent the collapse of the distinction under the artificial assumption described before[18]. It should be pointed out here that both the arguments justify political decisions; it is only the way they justify such decisions that differs. Arguments of policy justify a political decision by showing that the decision advances or protects some collective goal of the community as a whole[19] whereas the arguments of principle justify a political decision by showing that the decision respects or secures some individual or group right.[20]The justification of legislative program of any complexity, says Dworkin, will require both sorts of arguments. According to him, a program that is chiefly a matter of policy may require strands of principle to justify it[21]. Sometimes, it may so happen that a program which is generated by policy may be qualified by principle and vice versa. In a hard case where no settled rule dictates a decision either way, then, Dworkin says, it might seem proper that a proper decision could be generated by either policy or principle.[22]He cites the case of Spartan Steel Alloys Ltd. V. Martin Co. f02. In this case, the employees of the defendant company had broken the electric cable which belonged to a company which supplied power to the plaintiffs factory, which was shut down during the period the cable was repaired. Whether to allow recovery for economic loss following negligent damage to someone else’s property was the question to be decided before the court. Here, there are two ways open before the court. Dworkin says â€Å"It might have proceeded to its decision by asking whether a firm in the position of the plaintiff had a right to recovery, which is a matter of principle, or whether it would be economically wise to distribute liability for accidents in the was plaintiff suggested, which is matter of policy. Dworkin lays down his thesis: Judicial decisions in civil cases, even in hard cases like Spartan Steel, characteristically are and should be generated by principle not policy. 1 [1] Benjamin Cardozo, The Nature Of The Judicial Process, 10 (1921) [2] James L. Houghtling, The Dynamics of Law 13(1963) [3] Ibid [4] Rajeev Dhavan et. al. (ed), Judges and the Judicial Power 1 2 (1985) [5] Ibid. [6] Owen M. Fiss, Objectivity and Interpretation, 34 Stan. L. Rev. 739. [7] Ibid [8] Ibid. Fiss says, It is an activity that affords a proper recognition of both the subjective and objective dimensions of human experience; and for that reason, has emerged in recent decades as an attractive method for studying all social activity. The idea of a written text, the standard object of legal or literary interpretation, has been expanded to embrace social action and situations, which are sometimes called text-analogues. [9] Ibid. Indeed, interpretation is defined as the process by which the meaning of a text is understood and expressed, and the acts of understanding and expression necessarily entail strong personal elements. At the same time, the freedom of the interpreter is not absolute. The interpreter is not free to assign any meaning he wishes to the text. He is disciplined by a set of rules that specify the relevance and weight to be assigned to the material (e.g., words, history, intention, consequence), as well as by those that define basic concepts and that established the procedural circumstances under which the interpretation must occur. Id. at 744. [10] G Williams, Language and the Law, 61 LQR 73. [11] For a detailed analysis see, Chapters 4 and 5. Also see, Upendra Baxi, On How Not to Judge the Judges: Notes towards Evaluation of the Judicial Process, 25 JILl 210 (1983). [12] Ronald Dworkin, Laws Empire 1(2002, Indian Reprint) [13] Ibid. [14] Dworkin says, People often stand to gain or lose more by one judges nod than they could by any general act of Congress or Parliament. Ibid [15] Supra note 70 at 81 [16] Ronald Dworkin, Natural Law Revisited, 34 University of Florida Law Review 165 at 165- 166(1982). Suppose the question arises for the first time, for example, whether and in what circumstances careless drivers are liable, not only for physical injuries to those whom they run down, but also for any emotional damage suffered by relatives of the victim who are watching. According to naturalism, judges should then ask the following questions of the history (including the contemporary history) of their political structure. Does the best possible justification of that history suppose a principle according to which people who are injured emotionally in this way have a right to recover damages in court? If so, what, more precisely, is that principle? Does it entail, for example, that only immediate relatives of the person physically injured have that right? Or only relatives on the scene of the accident, who might themselves have suffered physical damage? Ibid. [17] Supra note 70 at 82 [18] Ibid [19] Ib.id. F~r example, The argument in favour of a subsidy for aircraft manufacturers, that the subsidy WIll protect defense, is an argument of policy. Ibid. [20] Ibid. For instance, The argume~t in favour of anti-discrimination statutes, that a minority has a nght to equal respect and concern, IS an argument of principle. Ibid. [21] Ibid. [22] Supra note 70 at 83. Emphasis added.

Defining Health And Wellness Health And Social Care Essay

Defining Health And Wellness Health And Social Care Essay In my essay I will discuss how I will cater for my health and wellness ideologies, my definition of health and describe my beliefs about what health is. I will discuss three aspects of the dimensions of health and the factors which could affect my health, what determinants influence my health using the dimensions of health model and explain how I will use that model to assist in my goal towards achieving my optimal health wellness. Being healthy and maintaining wellness means having a body that is in good shape to allow my ideologies of my life suited to the development of an excellent well-being through relationships the community in which I live. My wellness involves giving good care to my physical self, using my mind constructively, expressing my emotions effectively, being creatively involved with those around you, and being concerned about your physical, psychological and spiritual environment. Wellness means more than not being sick; it means taking steps to prevent illness and to lead a richer, more balanced, and more satisfying life. The physical dimension of wellness deals with the functional operation of the body and involves health related components of physical fitness. The people that surround me and my situational environment in its entirety assist me in making sound decisions in relation to my health. My wellness on the other hand I define as my choice to be responsible for the quality and value of for my life. l make conscious decisions to achieve a healthy lifestyle. I choose to make these conscious decisions by a learned throughout my life for which I value today. My mind-set is that I have this powerful tool to use and a predisposition which is in place to lead a satisfying traditional health and wellness. A health wellness modelled today by others within my society. Health and wellness was once characterised as the absence of disability or any form of disease. This is a medical definition or a medical model. However this suggests and ultimately promotes that any person who has a disability cannot at all achieve wellness. However I believe I can achieve wellness if I would opt to function responsibly for improving myself. I am looking at me as the whole, for my health and wellness, refers to the interconnection my body, mind and soul. My engagement in the form of physical activity, exercise, recreation, physical health and wellness also considers ones possible involvement with drug abuse, tobacco usage, and alcohol addiction. Another dimension addresses good mental and emotional health in performing ones daily and specialized activities. This includes continually feeding my mental faculty to acquire more knowledge. Task two I believe health is a unified system of personal performance that is concerned with making the most of the potential to maintain a better health and wellness. This potential requires me to sustain a range of balances and a focused track of ideologies within my environment in which I need to function to maintain homeostasis. Here I will discuss using the dimensions of health model key factors that affect my health. I identify with Edlin and Golantrys health wellness model, holistic health. Using my surroundings, my environment that I live in to maintain my boundaries within my lifestyle and objects and people that surround me to help make me complete with a prospective health wellness. By involving a holistic approach with faith and hope I incorporate my moral beliefs, a moral grounding my learned from my upbringing. I use this as a guide to perform tasks on my mental stability, a feel good approach to wellness. I am emotional and sensitive towards others. My emotional approach I use to support my partner and everyone that crosses my path that are in need of help. Whereas my partner supports what I need to maintain in the practical sense of issues that surround my health and wellness, my physical support. The positive reasoning is that I feel good when those I care about feel good and I have made a difference in their lives. My partner is my rock, my soul mate a stable being in my life that I need to keep me grounded and on task for lifes events that may arise such as undue stressors. Thus maintaining stability mentally I can function on other areas where strength is needed to maintain health wellness within myself as a living soul physically. Without mental stability I feel it would hinder my ability to function on all other levels to maintain an overall stable health wellness. My social stance in the community I believe makes me a holistic being, using the holistic social approach I utilise people from other cultures and genders to meet a standard of need for care and understanding of myself. Understanding my needs and necessities in life leaves no one left out and felling isolated. I am active and expressive in my thoughts spiritually I make my feelings and thoughts obvious and where I dont understand I ask, therefore putting these feelings into thoughts and becoming spiritually aware of my beliefs helps me understand. Becoming more of a helper and trusting within a human care relationship. Encompassing my spirit for strength in times of guidance the same guidance I can use to help maintain my health wellness using expressive, positive and negative feelings within a supportive, protective, and counteractive mental, physical, societal, and spiritual environment. My faith helps me to identify my purpose in life; helps me to learn how to experience love, joy, peace and fulfillment. The ability to laugh, to enjoy life, to adjust to change, to cope with stress, and to maintain intimate relationships are examples of the emotional dimension of wellness. My family, my pets, my friends keeps me laughing and they bring so much joy to my life. I am maintaining the weight that I want to me, I am eating an even more balanced diet and I am abstaining from any and everything that is harmful to my body and I am definitely staying physically active. In my life I have always had ways to deal with the stress of this life with the help of God, my family, my church family, my friends and even when there is no one around just sitting there holding my cat seems to take away some of my anxiety. The environmental dimension of wellness deals with preservation of natural resources as well as protection of plant and animal wildlife. I am very satisfied with my current lifestyle choice. You have to laugh to keep from crying is so true. Every day you are bombard with so much from this world and if you do not have an outlet or a way to deal with stress, this world can literally drive you crazy. Well I have no problems in that area, being that I have to study everyday since I am in college. Spiritual dimension of wellness involves the development of onetms inner self and onetms soul. Much of my life will be spent at work when I do get out into my career field and I will have to maintain a balance between work time and leisure time. You know that saying A mind is a terrible thing to waste and if you dontmt use your mind it will atrophy. I am taking steps to increase my flexibility level but incorporating it into to my morning devotion and my evening devotion and before and after I do any work in my yard, before and after I go walking or jogging with my family and my dog. And this is where the physical, emotional, social, intellectual spiritual dimens ion of wellness will help me to deal with the stress of working in the health care field.