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.