Challenges And Frustrations In A Country Doctor English Literature Essay

Challenges And Frustrations In A Country Doctor English Literature Essay Franz Kafka’s, â€Å"A country doctor† is a story that narrates the experiences and challenges a country doctor faces as he tries to carry out his duties as the doctor. He goes through various obstacles which he has no solution to, but has to face them just as they are. He clings to the idea of being a helper, wards of resignation, is ready to sacrifice his private life for his professional ethics and is forced in the cruelest way to recognize the vanity of his effort (Samon 2002). In this essay, am going to identify four challenges and frustrations that accompany each that confront the doctor. I will also explain why the story may be called a nightmare then lastly highlight the themes that revealed from the story. The weather is very unfavourable. It is this period that the doctor struggles to attend to an emergency ten miles away during a snowstorm. It is this bad weather and exhaustion that led to the death of his horse. The death of the horse greatly frustrates the doctor as he is unable to attend to the alarm because of lack of a horse. At the end as he goes back home, he is still greatly affected by the snow. The perspective of the patient about his sickness is also a big challenge to the doctor. The patient has given up on life. When the doctor arrives and looks at the patient, the young man says, â€Å"doctor, let me die!† This is a total loss of hope. The young man knows that the presence of the doctor will not bring any improvement to his health status. The young man later asks, â€Å"Will you save me?† At the end the young man tells the doctor that he had very little confidence in him. This is a major challenge to the doctor as the sick young man has already given up. The doctor is frustrated because he can do nothing to the state of the young man (John stone 2008). The emerging of the groom from the pigsty is one great challenge the doctor faces. The groom is a stranger but very willing to assist by lending his horse. In stead of accompanying the doctor, he refuses to go with him. In fact just the first time he handles Rosa is very suspicious. He scratches her cheek with his teeth. The groom’s actions after the doctor leaves are also mysterious (Cuizon 2008). The torment the doctor feels about Rosa is also a great challenge. Rosa was left with a stranger whom she was not willing to stay with. The doctor had to make a choice between saving Rosa and attending to the patient. He decides to attend to the patient but is frequently disturbed mentally about the state of Rosa and the stranger. The frustrations go further as he has left Rosa in a vulnerable state yet his mission is not successful (Cuizon 2008). The story might be called a nightmare because of the happenings that take place. The emerging of the groom and the horses from the pigsty is frightening. The doctor, who is the owner of the pigsty thinks it is abandoned, in fact Rosa’s comment is satirical; â€Å"one doesn’t know the things one has in one’s own house.† The groom is too willing to help. The description of the horses is not normal; in fact the doctor admits that he had never used such horses. The speed the horses run and the time taken for the ten miles is very short. The way the patient’s family handles the doctor is also frightening. They take off his clothes, and then force him to lie in the same bed with the patient. They then close the door and leave. In addition, the song sung by the school children and the teacher is frightening, â€Å"take his clothes off, then he will heal, and if he does not cure, kill him. It’s only a doctor, it’s only a doctor.†(Cuizon 2008).

Why Change Article Example | Topics and Well Written Essays - 500 words

Why Change - Article Example uct adaptation refers to process through which a manufacturer makes changes to improve an existing product and make it more appealing to a target market usually in new markets (Byrne, 2010). Products are a result of the underlying socio-cultural phenomenon of a given society. Society’s perception of what the product is and what bundles of benefits it provides according to prevailing socio-cultural needs is the fundamental basis for product differentiation (adaptation). The adjustments in a product’s main components are made in accordance to the particular target market needs and consumption behavior. Research on consuming trends and preferences as well as product class in the market can provide useful insights on how to modify all or some main components of an existing product (Cooper & Edgett, 2009). America’s fast food franchise McDonald’s entry into the Indian market in 1996 is a classic case of how product adaptability can be used to enter international markets that are culturally different. Other fast food chains had largely ignored the Indian market before 1990 and those that did ignored the cultural differences eventually leading to their collapse and withdrawal from the market. There is a highly fragmented food market in India characterized by millions of roadside stalls and carts. This represents a large ‘eating out’ culture. However, the market is also significantly influenced by high pressure groups mainly comprising health and animal welfare activists. McDonald’s strategy included the exclusion of pork and beef items from its menu considering that 40% of Indians are vegetarians. An alternative vegetable, fish and chicken menu was adopted. The menus therefore were color-coded into green for vegetarians and purple for non-vegetarians. The Maharaja Mac replaced the famous ‘big mac’; chicken patty replaced beef and introduction of spicy menus with less garlic in its sauce. This strategy reflected a much higher degree of adaptability

Law Relating to Murder Essay Example | Topics and Well Written Essays - 2500 words

Law Relating to Murder - Essay Example The actus reus of Murder therefore requires that the defendant should have caused the death of the victim through an act of his/her own. Death should be caused within the Queen's peace and three years of the act of the defendant. In this question the defendant Zak has killed Julie. Murder is a consequence crime and therefore accordingly requires causation to be proved in order for the actus reus of murder to be proved. It is in essence proving that it was the act of the defendant that caused the death of the victim. Causation is a 2-stage test and requires firstly causation in fact. The test for causation in fact is the 'But for test' (but for the act of the defendant, would the victim still have suffered the consequences and if not then there is causation in fact). The element that has to be proved is that it was the act of the defendant that put the victim in a certain setting; in which he would not have been but for the act of the defendant. In this instance it is not difficult to prove causation in fact, as had it not been the act of Zak, Julie would not have died. Once causation in fact is proved the second test of causation has to be satisfied. The second stage of the causation test is causation in law. ... In this question it seems that in relation to death of Julie there is causation in law as the act of Zak was the operative and substantial cause of Julie's death. Neither had the act of Zak exhausted its effect and further it was also the significant and sole cause of Julie's death. It seems therefore that the actus reus of the offence of murder is proved as Julie dies in the fire and the place of his death is within the Queen's peace. Mens rea for the Murder or the lack thereof This takes us to the next issue in the question, whether Zak had the requisite mens rea for murder. The mens rea for murder is intention to kill (express malice) or cause grievous bodily harm (implied malice). Traditionally the mens rea for murder is called "malice aforethought". In Smith & Hogan Criminal Law 9th Edition malice aforethought has been defined as: 'a mere arbitrary symbol for the 'malice' may have in it nothing really malicious; and need never be really ' aforethought'. Therefore the requirement today is that the defendant should have intended either death or grievous bodily harm as a result of his/her act. Malice aforethought is generally taken to mean that the defendant should have intention to bring about either of those two consequences. Intention can be defined as the either the purpose of the defendant's act or even if it not the purpose of the defendant's act, intention can be inferred from certain subjective foresight on part of the defendant. In other words if the defendant realizes that the consequences are virtually certain as a result of his act then the courts can hold that the defendant intended the consequences as a result of his act. The problem here is that Mens Rea for this murder seems doubtful as it has been stated in the question.

John D. Rockeffelar and Northern Securities :: history

John D. Rockeffelar and Northern Securities In 1859 John D. Rockefeller started one of the greatest monopolies of the progressive era. The Standard Oil Company grew to dominate the oil industry and became one of the first big trust in the United States. In 1870 the Northern Pacific Railway which span from Duluth and St. Paul, Minnesota, to Seattle, Washington and Portland, Oregon. Northern Pacific Railway was the first to offer passenger and service across the Western U.S. John Rockefeller was born July 8th, 1839, the second of six children. He took a business course at Folsom Mercantile College in 1855. He was employed as an assistant bookkeeper by Hewitt and Turtle. He was paid only $50 for 3 months of work. Moving up to a cashier he made $25 a month. With $1,000 saved and another $1,000 borrowed form his father, Rockefeller formed a partnership in commission business with Maurice B. Clark. In the same year the first oil well was drilled at Titusville in western Pennsylvania, give a rise to the petroleum industry. Cleveland soon became a major refining center of he booming new industry. In 1863 Rockefeller and Clark entered the oil business as refiners. With Samuel Andrews as their new partner they named the company Andrews, Clark & Co. In 1865 the partnership was broke because of disagreement in management. Rockefeller bought the Company for $72,500 and with Andrews it was named Rockefeller & Andrews. The oil industry began to expand because of the use of kerosene lamps. Rockefeller renamed the business to Standard Oil Company when his brother William, Andrews, Henry M. Flagler, S.V. Harkness, and others joined his partnership. The company reached a capitol of $1million. By 1872 Standard Oil had purchased and controlled nearly all the refining firms in Cleveland, also two refineries in New York. The company was able to refine 29,000 barrels of crude oil a day and had its own cooper shop manufacturing wooden barrels. In 1882 Standard merged all its properties into Standard Oil Trusts, increasing the capitol to $70million, and 42 certificate holders. Ten years later the trust was broke up by Ohio court decision. The companies that made up the trust later joined in the formation of Standard Oil Company (New Jersey), since NJ had adopted a law that permitted a parent company to own the stock of other companies. Standard Oil owned three-fourths of the petroleum business in the U. John D. Rockeffelar and Northern Securities :: history John D. Rockeffelar and Northern Securities In 1859 John D. Rockefeller started one of the greatest monopolies of the progressive era. The Standard Oil Company grew to dominate the oil industry and became one of the first big trust in the United States. In 1870 the Northern Pacific Railway which span from Duluth and St. Paul, Minnesota, to Seattle, Washington and Portland, Oregon. Northern Pacific Railway was the first to offer passenger and service across the Western U.S. John Rockefeller was born July 8th, 1839, the second of six children. He took a business course at Folsom Mercantile College in 1855. He was employed as an assistant bookkeeper by Hewitt and Turtle. He was paid only $50 for 3 months of work. Moving up to a cashier he made $25 a month. With $1,000 saved and another $1,000 borrowed form his father, Rockefeller formed a partnership in commission business with Maurice B. Clark. In the same year the first oil well was drilled at Titusville in western Pennsylvania, give a rise to the petroleum industry. Cleveland soon became a major refining center of he booming new industry. In 1863 Rockefeller and Clark entered the oil business as refiners. With Samuel Andrews as their new partner they named the company Andrews, Clark & Co. In 1865 the partnership was broke because of disagreement in management. Rockefeller bought the Company for $72,500 and with Andrews it was named Rockefeller & Andrews. The oil industry began to expand because of the use of kerosene lamps. Rockefeller renamed the business to Standard Oil Company when his brother William, Andrews, Henry M. Flagler, S.V. Harkness, and others joined his partnership. The company reached a capitol of $1million. By 1872 Standard Oil had purchased and controlled nearly all the refining firms in Cleveland, also two refineries in New York. The company was able to refine 29,000 barrels of crude oil a day and had its own cooper shop manufacturing wooden barrels. In 1882 Standard merged all its properties into Standard Oil Trusts, increasing the capitol to $70million, and 42 certificate holders. Ten years later the trust was broke up by Ohio court decision. The companies that made up the trust later joined in the formation of Standard Oil Company (New Jersey), since NJ had adopted a law that permitted a parent company to own the stock of other companies. Standard Oil owned three-fourths of the petroleum business in the U.

Addiction is a Disease Essay

Addiction is all around us. It may be that cup of coffee in the morning for the caffeine stimulation, the cigarette that is smoked for the nicotine, or an alcoholic drink used to relieve a stressful day or situation. For some, the addiction may not be to a substance, but to compulsive behaviors such as gambling, playing video games, or shopping. Consequences to addictions can impact an addict’s physical or mental state. Addiction can also have detrimental impact on the people that surround them. Watching a relationship fall apart because a person has an addiction to drugs, alcohol, or another addictive behavior is a sad thing to happen to anyone. Unfortunately, those with addictions usually won’t admit they even have a problem and that they need treatment until it is too late. Some addictions have less severe consequences, such as addiction to caffeine for the stimulation; others take it to the other end of the spectrum, such as using illegal drugs like cocaine or heroi n which completely deteriorates their physical and mental health. Addiction should be looked at as a disease because it is chronic and does not subside without treatment. Symptoms can be progressive, and just as disease surfaces repeatedly, addiction has a high level of relapse. Furthermore, addiction can be treated. Addiction is a disease whether it is an addiction to substances or certain behaviors. Addiction is a common word known to many, but many don’t realize that addiction is a disease. â€Å"Substance abuse has been conceptualized and generally accepted to be a disease resulting from a biologic vulnerability triggered by a combination of psychological, social, and environmental factors† (Vocaturo 393). Addiction and disease have corresponding definitions. More commonly a disease is thought of as an illness of the body or something we acquire involuntarily such as diabetes, cancer or Alzheimer’s. â€Å"If addiction is truly compulsive and addictive action is not voluntary, then addiction has a much stronger claim to be a disease† (Perring 194). According to dictionary.com, disease is defined as, â€Å"a disordered or incorrectly functioning part of the body resulting from the effect of genetic or developmental errors, infection, poisons, nutritional deficiency or imbalance, toxicity, or unfavorable environmental factors; illness; sickness; ailment or any harmful, depraved, or morbid condition, as of the mind or society.† Addiction is a mental disease. According to  Dictionary.com, addiction is defined as, â€Å"the state of being enslaved to a habit or practice or to something that is psychologically or physically habit-forming, as narcotics, to such an extent that its cessation causes severe trauma.† Behavioral addictions are compulsive actions with examples being gambling, shopping, video gaming, and those with OCD. â€Å"The behavior has an effect of decreasing anxiety and result in a positive mood state or high, similar to substance intoxication† (J.E. Grant et al 234). What happens in the brain during addiction is that the brain learns poor coping mechanism for stressful or unfavorable situations. In the brain, a series of events happen during addiction. Addictions are a coping mechanism which plays a role in the reward system felt in the brain. The brain’s dopamine system transports serotonin, the good feel hormone. Whatever the addiction, it causes a chemical in the brain called dopamine to surpass normal levels which results to feelings of pleasure. â€Å"The most integrative and common feature of addictive agents is their capacity to cause psychomotor activation. This most common feature is seen as forward locomotion which is the unconditional response to positive reinforcement† (Calabrese 599). This then causes the brain to want it over and over again. Although there are different kinds of addiction, all have a common goal: to make a person feel good. This then becomes more important to a person than anything else despite the consequences. The brain then becomes reliant on this false surge in dopamine brought on by the addiction, and the brain’s ability to naturally produce dopamine greatly decreases. This then results in lack of control when the same outcome can no longer be established. This leads to increasing dosage or behavior to try and achieve the same high or to possibly better it. Substance addictions leave the body constantly craving a good feeling despite the consequences they may have. In order to understand the real mentality of someone with addiction/s is to examine a person in a philosophical and psychological way. All types of addictions should be looked at from a philosophical and psychological point of view. Those in the fields of neuroscience, psychology and philosophy often compare their views to show the similarities of addictions whether they be substance induced or behavioral. â€Å"Behavioral science experts believe that all entities capable of stimulating a person can be addictive; and whenever a habit changes into an obligation, it can be considered as addiction† (Alaghemandan  et al 290). Some addictions can affect people physically. Caffeine and nicotine provide prime examples. The body’s physical state becomes dependent on its effects and causes withdrawal symptoms without use. One of the main differences in behavioral and substance addictions is that behavioral addictions have no apparent physiological or physical withdrawal symptoms. It is not the physical body that is addicted, but the feeling that one gets mentally. The physical body is only affected by the dependency of the substance itself, while the addiction itself is more damaging psychologically. Addiction isn’t about will power. When looking at addiction for a neurological point of view, there are a series of chemical reactions going on. Dopamine is a good-feel hormone produced in the brain when satisfaction is gained chemically by substances or by a self-gratifying act. When substances such as drugs and alcohol are used or certain behaviors are performed, a person experiences an unnatural high, so to speak, which is many times greater than the natural reward system produced in the brain. Some individuals may be more susceptible to getting hooked on this feeling. Certain people can be specifically more vulnerable than others to taking on an addiction. The vulnerability to addiction can be due to their genetic dispositions. â€Å"With prominent advances in whole genome sequencing, the search for genetic variations underlying drug addiction is continuing at an escalating pace; however, genetic factors likely explain about fifty percent of the risk for addiction† (Maze and Nestor 99). Some believe that one can have an addictive personality. An addictive personality will always be susceptible to having at least one kind of addiction. Quite subsequently, an addictive personality type is addicted to addiction itself. If one addiction was given up, another one would be taken on, moreover, it is commonly found for an addicted person to be addicted to several addictions at the same time. This increases the level of the individual suffering, and no matter what the addict ion, it disrupts the brain’s natural reward system, which is the route to a pleasurable feeling. The addiction itself is the mental state created from taking on any addiction. â€Å"Studies have shown that those with behavioral addictions and those with substance use disorders both score high on a self-report measure of impulsivity and sensation-seeking and generally low on measures of harm avoidance† (J.E. Grant Et Al 234). It is extremely hard for a person addicted to a substance or behavior to break the  addictive cycle. Getting over addiction is dependent on the type of addiction. Trying to break certain addictions may be simply in avoiding a social environment that may tempt a person towards a certain addiction. Others may benefit from medications and psychological treatment. Research has shown, regardless of whether behavioral or substance addiction, replacing or substituting with a positive beneficial addiction to start learning to associate a positive coping mechanism to the triggers that onset the addiction. It is difficult to overcome, and an addict is always going want to feel good with an act or substance. While the severity differs between addictions, some are manageable in day to day life, while others have catastrophic effect in their lives which is why addictions should be treated as a disease. There are many attempted treatments that are sought after in breaking addictions. Some people may go to counseling sessions and some go to support meetings which help them realize the adverse effects the addiction has brought into their lives. Behavioral therapy is another way treatment is sought out. In behavioral therapy, the addiction does not need to be specific to one drug or behavior, but is used to address the use of multiple addictions. It is the disease of addiction that the therapy addresses. Other therapies are pharmaceutically administered to relieve the feeling one may get from a substance. Medications are less prescribed with compulsive disorders; however, it is believed that if the addiction was brought on by depression and/or anxiety, prescribing medication can be helpful to alleviate these symptoms. A combination of behavioral therapy and medication has been seen as helpful as well. Therapy should be an ongoing process for someone with addictions. There will always be triggers that could possibly cause a relapse. There is great difficulty in giving up an addiction without taking on another. Can an addict ever not have an addiction or can it ever be learned to live without addiction? Relapse is the reason addiction is a chronic disease. While some addictions can be tolerated, others unfortunately have detrimental effects on their lives. In order to achieve a successful long term recovery, treatment sought out should address the specifics of each individual’s needs. Changes must occur in one’s life that is physical, social, and psychological in order to be successful in recovery. â€Å"Although different factors will determine someone’s vulnerability to addiction, integrating individual vulnerability to  addiction across different research disciplines is likely to provide the greatest advances for intervention and prevention efforts† ( Le Moal and Swendsen 73). But the question still remains, why would someone continue to choose an addiction over their own health? Addiction is an extremely powerful disease. The mind should always overcome the body which is why some people speculate that addiction is a choice and not a disease. However, is addiction really just a choice? â€Å"Most of the best-known criticisms of the disease concept have argued that addiction is not a disease because addictive behavior is voluntary† (Perring 194). An exercise addict may dispute the term disease in their addiction. Although their behavior is compulsive, exercise is indeed a very healthy habit to have and does wonders for the body. An exercise addiction may be healthy; however, those who must exercise each and every day regardless of need, are still exhibiting compulsive behaviors. In their mind this activity must be performed each and every day no matter what. â€Å"If you are an exercise addict, it is quite obvious that some of the effects of this particular addiction are positive† (Round Table 7). Exercise is the most contradictory of all the addictions. Mentally they are addicted to the act, but addiction is still a disease, not a choice. There are two areas of the brain that involve choice. The first area is the ventral striatum, or nucleus acumens, which is a structure that motivates a person to go after a goal that they may have or want. This is where addiction and cravings come from. The second area is called the dorsal anterior cingulate cortex. This area is what considers consequences of the actions. There are impulses that go from one area to the other through synapses. Triggers can cause alterations of these impulses. They are altered the most by the cycle of addictive thoughts and behaviors. Choice can be thought of as an adaptive process. Brains adapt to our experiences, so the choices that are made change with time. Addiction is an experience to which the brain also adapts, but too rapidly, too thoroughly, and too permanently. Understanding these neural changes is essential for understanding how â€Å"choice† gets hijacked by addiction. That doesn’t make addiction a brain disease. It’s more of corrupted learning process or a nasty adaptation. And like any other adaptation, it is the foundation of the fleshy hardware we carry around in our heads. While it is true that the addict may have a choice in whether or not to use drugs or to give in to  behaving a certain way, craving is not a choice. If a craving gets bad enough, even the strongest willed person gives in to their addiction. The brain strives to survive and this cannot be ignored. A big reason why skeptics view addiction as a choice is the inability to truly understand the realness of cravings in addiction. While some may speculate that addiction is a choice, addiction is a disease and should be treated as such. Addiction has many defining terms that correlate to disease. Addiction to substances or behaviors produce uncontrollable cravings to which one cannot ignore. Addiction is extremely hard to overcome for anyone but can be treated with th e correct type of therapy much like other diseases. Whether a person is addicted to caffeine, nicotine, drugs, alcohol, gambling, exercise, or any other compulsive behavior, their addiction is a disease. Works Cited â€Å"Addiction.† Dictionary.com, LLC. (2012) Web. 27 Sept. 2012 http://www.dictionary.com. Alagheandan, Hamed, Seyyed Salman Alavi, Mehdi Eslami, Masoud Ferdosi, Fereshte Jannatifard, and Mehrdad Setare. â€Å"Behavioral Addiction versus Substance Addiction: Correspondence of Psychiatric and Psychological Views.† International Journal of Preventive Medicine 3.4 (April 2012). Web. 27 Sept 2012. Calabrese, E.J. â€Å"Addiction and Dose Response: The Phsychomoor Stimulant Theory of Addiction Reveals that Hormetic Dose Responses are Dominant.† Informa Healthcare (2008) Web. 27 Sept. 2012 â€Å"Disease.† Dictionary.com, LLC (2012) Web. 27 Sept. 2012 http://www.dictionary.com. Gorelick, David A., Jon E. Grant, Marc. N. Ptenza, and Aviv Weinstein. â€Å"Introduction to Behavioral Addictions.† American Journal of Drug & Alcohol Abuse (2010).Web. 27 Sept. 2012. Maze, Ian, and Eric J. Nestler. â€Å"The Epigenetic Landscape of Addiction.† Annals of the New York Academy of Sciences 1216.1 (Jan. 2011). Web. 27 Sept. 2012. Moal, Michel Le, and Joel Swendsen.â€Å"Individual Vulnerability to Addiction.† Annals of the New York Academy of Sciences (2011). Web. 27 Sept. 2012. Perring, Christian. â€Å"Bridging the Gap between Philosophers of Mind and Brain Researchers: The Example of Addiction.† Brain, Mind and Consciousness 2011). Web. 27 Sept. 2012. â€Å"Round Table: When is an addict not an addict?† New Statesman (18 May 2007). Web. 27 Sept. 2012. Vocaturo, Loran C.. â€Å"Substance Abuse.† Medical Management of Adults with Neurologic Disabilities (2009). Web. 27 Sept. 2012.

Essay on Judicial Review - 980 Words

Judicial review was enacted as a checks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusual way and under unusual circumstances. The most important case in Supreme Court History was in 1803 with Marbury v. Madison; coincidently, it was the start of judicial review. This complicated case began when President Jefferson took office†¦show more content†¦Judicial review in the United Kingdom is either non-existent or has a different meaning to the courts in the UK compared to the courts of the United States. There are a few reasons to the neglect of judicial review. One reason is that the UK does not have a written constitution to be placed under review in any circumstance; it does operate as if there is a constitution, which allows the country to strive as it always has (Morris, 2008). Another reason is that the United Kingdom government wants to keep politics out of the court system, keeping them unbiased and fact-based rulings; any reviews on a courts ruling in a case is done to make sure the decision was made following the law (Judicial Review, 2011). Judicial review in the UK challenge the way a decision was made not the actual ruling that was made; if you were involved in a criminal case you could have your ruling appealed, but not challenged (Judicial review, 2011). The Netherlands has the same sort of conclusions about judicial review as the United Kingdom, keeping an independent judiciary. The Supreme Court of the Netherlands is not a constitutional court and does not have the authority to change an Act of Parliament on the grounds of in compatibility with the Constitution (Constitution, government, , 2003). The people of the Netherlands are looking to change this government viewShow MoreRelatedJudicial Review2674 Words   |  11 Pagescontroversy of judicial review which at extreme points, is called judicial activism, is a concept new to India. Judicial review can be defined as the judiciary, in the exercise of its own independence, checking and cross checking the working of the other organs of the government, while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary, judicial activism is â€Å"a philosophy of judicial decision-makingRead MoreJudicial Review : The Constitution1168 Words   |  5 PagesJudicial Review is the power of courts to determine whether or not actions by the government are valid. The courts adjudicate the constitutionality of the governmental actions u nder review to ensure their validity. Under judicial review, the government actions under consideration for validity are presidential orders and actions, as well as legislation by Congress. In other words, judicial review is a check on the executive and legislative branches of the government. Judicial review checks these governmentalRead MoreJudicial Review : The Supreme Court968 Words   |  4 PagesJudicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch, most commonly the Supreme Court. It allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution, as they interpret the document. This process is paramount in protecting the validity of the Constitution as well as upholding the laws set forth by it as well. JudicialRead MoreJudicial Review And The Indian Courts2740 Words   |  11 PagesJUDICIAL REVI EW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also tryRead MoreJudicial Review and Judicial Supremacy: a Paradigm of Constitutionalism in Nigeria.15519 Words   |  63 PagesJUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA. By A.T.Shehu, PhD( ABSTRACT This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of theRead MoreJudicial Review : The United States1242 Words   |  5 Pagescase that they play a very big part in the public’s policy making. Judicial review is the primary role of the federal courts to discuss back and forth if a law is unconstitutional. Judicial review can also regulate the acts or behaviors that the Executive and Judicial carry out in legislation and the Courts may choose to declare those actions taken by the other branches or not those actions are unconstitutional or not. Judicial review is also the main source of power in the Supreme court s. It hasRead MoreJudicial Review And The Indian Courts1444 Words   |  6 PagesPolitical Science Essay Monsoon Semester 2014 Submitted by- Pradyumna Soni 214048 JUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. TheRead MoreJudicial Review : The United States813 Words   |  4 PagesThe judicial review is the convention concealed by the executive and legislative activities which are liable for the judiciary to look over. Particular courts that have judicial review authority must repeal the demonstrations of the state. This happens when it discovers them inconsistent with a higher power. Judicial review is a case of the detachment of forces in a present day administrative framework. This rule is translated diversely in distinctive wards, so the method and extent of judicial reviewRead MoreJudicial Review : An Intrinsic Necessity1312 Words   |  6 Pages Submissions to the High Court Regarding Judicial review is an intrinsic necessity to the Australian Government and is a critical aspect in enforcing accountability of both the legislative and executive branches. Essentially, the actions of constituent legislative and executive branches are subject to review, regardless of these governmental counterparts holding authority exceeding that of the judiciary. In fact, a number of provisions for judicial review are upheld by the Australian ConstitutionRead More The case against Judicial Review Essay892 Words   |  4 PagesThe Case Against Judicial Review In order to make a case against judicial review it is first important to understand the origins. Born in 1803 out of the landmark United States Supreme Court decision of Marbury V. Madison, judicial review gives the court the power to invalidate any law repugnant (or in conflict with) to the constitution. Judicial review has for the courts, become a self made license to strike down legitimately made legislation by democratically elected representatives

Cultural Diversity In The Canadian Workplace - Free Essay Example

Sample details Pages: 6 Words: 1781 Downloads: 7 Date added: 2019/08/16 Category Society Essay Level High school Tags: Diversity In The Workplace Essay Did you like this example? Organizations are becoming more diverse and one important aspect is culture, one important reason for this multicultural environment is that more companies are augmenting their operations world wide and an important consequence of this is the immigration process. In 2016 according to the Permanent Residents Data (IRCC, 2017) Canada receives population from over 200 countries around the world, in consequence the multiculturalism in Canada has occurred due to the huge amount of immigrants coming to the country every year creating an increase in innovation and culture of inclusion, due to this multiculturality, Canada is becoming a stronger country. Nevertheless the incrementation in cultural diversity poses not only a positive impact in your company but also represents that the management team should be able to develop new strategies to manage the diverse workforce and here in Canada there are still inequity disadvantages that hasnt prevent every kind of discrimination, to impr ove this we need to know the legislation around diversity, examples of companies in the country that provide us with experience in order to make new human resources initiatives.. Don’t waste time! Our writers will create an original "Cultural Diversity In The Canadian Workplace" essay for you Create order Diversity is defined by the dissimilarities existing between individuals in any possible characteristic than can show to our own perception that another person is different from us. There are two main areas in which diversity is divided, the first one is the surface level of diversity that are characteristics that are seen in our physical features like age, gender, race and ethnicity, or visible features like physical handicap or weigh problems (anorexia or obesity) and the second area is the deep level diversity that reflects characteristics that can not be immediately seen by the bare eye like personalities, beliefs, attitudes, values, sexual orientation and religion. (Roberge, 2010). Another diversity differences in the workplace are profession, occupation, vocation and expertise. Diversity in the workplace should involve equal rights and favorable circumstances to grow in any company, management should develop strategies for people of marginalized groups to perform and contribute at the same time as people of not marginalized groups, and create equal opportunities at the different levels of the organization. Discrimination is when someone acts in a perjudicial way towards other people based on the differences that characterized that person or a group. Ethical and Legal dimensions surrounding diversity According to Dressler, Chhinzer and Cole (2014) legislation protecting the general population are human rights that in the Canada Constitution Act appeared in the Charter of Rights and Freedoms and the human right legislation. The Charter gives the following rights and freedoms to every Canadian, that are important to know to later provide a hole background for the legislation in the workplace, the first one is freedom on conscience and religion, the second one is freedom of thought that includes belief and opinion, the third one is freedom of   peaceful assembly and the last one is freedom of association. The Charter also talks about the equality rights that provides equal protection against discrimination based on race, national or ethnic origin, colour, religion, sex, age, mental or physical disability. On the other had we also have the human rights legislation, that must be wide known by CEOs and managers so they are aware of their legal obligations and responsibilities dependi ng on their jurisdiction, but something that does not change in any province is the prohibition of discrimination against all Canadians in the same range as mentioned before and also against discrimination based on sexual orientation and family status. Employers are allowed to discriminate if the job characteristics are based on a bona fide occupational requirement (BFOR) that is based the business necessities, for example, to be safe and efficient operation of the organization like if you are blind you can not apply to be an airplane pilot, two Canadian examples where they have apply BFOR is Roman Catholic schools, that their teachers to believe in the Roman Catholic Church for more adherence to the beliefs and culture of the institution and the second example is that the Royal Canadian Mounted Police asked for BFOR for the guards to be the same sex as the prisoners being guarded (Dressler, Chhinzer and Cole, 2014). However enforcement of the human rights is the responsibility of every province in Canada, but there are employers obligations that should be followed in every jurisdiction, the first one is that every company should have an anti discrimination/anti harassment policies, a safe way to complaint on this issues and training for employees to prevent this events, the second one is to have investigation and consequences after the complaints and the third ones is resolving the complaint. After this they have stipulated two solutions if discrimination is found the first one is called Systemic Remedies that involves improve the policies of the company, the complaint should be followed by legislation and prevention of future events by training the employee involved with training. The second solution is called Restitutional Remedies that involves monetary compensation for the complainant and a letter of apology. Examples of Organizations are successful with diversity or controversy example To illustrate the problem discrimination based on race, ethnicity and colour is illegal in all provinces in Canada as said before but not so long ago the British Columbia Human Rights Tribunal found out that to companies of construction had discriminated latin american workers because they were treated differently as the european employees because they were paid less for the same job, the significant low wages difference make the tribunal retribute the workers with $100,000 each. Programs and initiatives of HR to manage cultural diversity in workplace Cultural diversity management is very crucial for advantages and cut-throat competitions.   Researchers have been creating relationship among culture and behaviour for almost a century. However, complex culture diversity is still existing in these days.Culture diversity issue will be seen in the upcoming years if management would not overcome religious and cultural differences. Human Resource Administration and cross culture analysts such as Hofstede, Laurent and Schneider have endeavored both significance and impacts of culture in perspective of human resource methods and to characterize culture. It is broadly recognized that there is absence of hypothetical meticulousness and effects of social issues in the areas of Human Resource Management for example recruitment, hierarchical socialization and beneficial trainings. In late 1980s and the early 1990s, the human resource strategy enabled the adequate administration of the workers who were different from each other by demographic adjustments. In this concept, they emphasized to make atmosphere in which associates can achieve their maximum potential to pursue organizational objectives. They comprised workers who have different characteristics from one another, and theses distinctions focused on visible and hidden elements (Seymen, 2006).   Cooke and Saini (2012) said that there are various disciplines included: psychology, human science and administration and research strategies like interviews, case studies and lab examinations that marked organizational diversity becomes an issue in concepts and processes of management. Diversity management is observed as a basic component for business accomplishment in Human Resource Management. The primary goal of diversity management is to make culturally diverse organizations in which people with different cultural backgrounds can contribute and can achieve higher potential. Diversity Management is considered as a superior methodology that focuses on admiring unique workers. A diverse workforce can maximize   the development of advanced products and services, improve market share, and enhance base of clients. Managers and human resources management need to develop various fruitful approaches to make culturally open environment in the workplace. Also, Human Resources managem ent should make an open and comprehensive culture-oriented environment, in which everybody helps each other to enroll, and they can show their talents. The three variations such as communication, team building, and time are essential elements to achieve good performance from employees. Organisations can provide cultural competence ability training includes familiarity with own cultures, knowledge about other societies, tolerance states toward social contrasts to mitigate cultural difference problems. It is very important for the managers and workers to ponder why culture-oriented environment is a cutthroat advantage, and how cultural differences are beneficial for better performance. HR has regular job to improve and manage cultural differences in corporations. For instance, they can develop fun games or intelligent recreations on qualities for associates in the workplace. They should support and provide suggestions to adopt another culture and maintain their own culture at the same time. HR should build diversity-based teams because social contrast can construct significant groups (Laurent, 2005). According to Ratna, Sethi, Abrol, Gupta Agrawal (2016), it is proposed that the level of learning of a cultural environment is an directly correlated with   HR systems and practices. There is an organization named as Golden Eagle Sagar, the combination of Golden Eagle and Sagar Inc., are confronting issues after combined because of insufficient decent variety administration. It is presumed that companies can utilize two methodologies that can do a good job to manage diverse workforce for instance i.e. training to employees, managers and other employees who work with diverse groups. Investigators examined social measurements, nature of any level of blended culture and significance of humanist factors in the employees of global companies in Africa. The outcomes demonstrated how this organization could enhance its HRM rules and regulations because of perceiving local cultural dimensions in the meantime as reconsidering some difficult problems such as remuneration. There is another situation of HRM supervisor in the bank of Quebec, Canada. The management of bank involved diverse workforce by expanding ethnic groups and cultural minority portrayal and by decreasing discrimination between employees. HRM methods should be planned and executed to encourage enrollment, selection, integration and growth of cultural diversity. In China. Chinese are affecting the HRM of Italian organizations. Rewards and Challenges Culturally diverse workforce has various benefits and consequences for the organizations. The first positive impact is that workers of different cultures have different experiences, thoughts and knowledge which is beneficial to examine any stuff or problem very easily in workplace. Another is, these corporation have great opportunity to spread their business in other nations because management can know about local customs, religions, rules and regulations of other counties by gaining knowledge and information from individual workers. For example, An American company which is trying to expand their business in India can get information about Indian governmental and state levels laws, tax and insurance regulations. Information about the different cultures can reduce the expenses of organization because concerned employees and leaders have in-house trainers and practitioners, so they can save time, money and energy. Culturally diverse workers are useful for the associations to grow busi ness from office to online commercial center. Diversity is helpful to maximize organizations recognitions, approaches, techniques, projection of new item, improvement of promoting plan, production of new thoughts, outline of new activities and appraisal of developing patterns.