Pro

Pro Anti-social behavior is the knowing or unknowing disregard for others, which leads to intent to damage lives or negligence. Persistently, this behavior leads to anti-social Personality Disorder. Pro-social behavior is the antonym for anti-social behavior. It refers to a comforting regard for other peoples’ welfare and consequently society. People with pro-social behavior volunteer more and are generous contributors to good causes.Advertising We will write a custom essay sample on Pro-Social and Anti-Social Behavior specifically for you for only $16.05 $11/page Learn More Factors Influencing Pro-Social/Anti-Social Behavior Media Media plays a critical role in developing social voluntary giving. Studies show that children, who watched children related channels and programs at an early age of less than five, develop a giving habit. They also volunteer more than kids who watch mainstream media. Therefore, it is clear that TV content, which promotes violen ce and social misdeeds, fosters anti-social behavior. Internet is the newest source of all information. Social media is a mixture of people with different intentions. A child may get exposure to unwanted material easily. This is the same case with all other internet content. Too much focus on violence, killing and inhumane acts in blockbuster films is another factor that leads to anti-social behavior. All these are harmful to a child’s young mind (Helliwell and Putnam, 2004). Family and Social Life This is another critical area of interest. The role of individual members of the family and the birth-position are also critical factors. Firstborns are generally responsible for others compared to lastborns. However, lastborns from a family with a volunteer habit tend to copy and follow the same route. Social life, on the other hand, defines educational life from the onset. Psychologists argue that children who grow up in a generally philanthropic environment tend to volunteer as adults. This environment is only possible where children invite each other for birthdays, sleepovers and other social gatherings (Valsiner, 2007). Others Genetic factors can also influence social behavior. A person may be born with such tendencies. Secondly, environmental stressors may reduce a person’s regard for others and resort to bad behavior. For example, extreme poverty promotes selfishness. The child grows up knowing that he has too little to share. An upbringing with affluence, which suddenly changes confuses a child and could lead to anti-social behavior. A need to feel acceptable after a life of unacceptability in family is another factor (Helliwell and Putnam, 2004). Findings and Suggestions Social media is a big contributor to behavior. Some people have an anti-social inclination, which is natural. However, this behavior grows. Therefore, media should lay a huge emphasis on ensuring that content does not advocate for or foster anti-social behavior. Governments sh ould formulate policies geared towards making media responsible. For example, filtration of certain content at times. The upbringing of a child should entail more than just parental passiveness. Involvement of both parents is a plus in this quest. Children who grow up with both parents exhibit more social behavior than those growing up in single parent families. It is important for the child’s social maturity that both parents are present during childhood. (Valsiner, 2007).Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More References Helliwell, J.F Putnam, R.D. (2004). The Social Context of Well-Being. Philosophical Transactions of the Royal Society London B Biological Sciences, 1(359): 1435-46. Valsiner, J. (2007). Personal Culture and Conduct of Value. Journal of Social, Evolutionary Cultural Psychology, 1(2): 59–65. Pro Abortion is termination of pregnancy before its maturity. Pro-choice advocates for women right to decide whether to abort or not, whereas prolife advocate for no abortion. However, both support termination of pregnancy for medical reasons.Advertising We will write a custom research paper sample on Pro-life and Pro-choice Sides of Abortion specifically for you for only $16.05 $11/page Learn More Pro-choice are of the opinion that a child should start enjoying human rights after birth. Their view is that when the unborn is in the mother’s womb, then the mother should have the right to decide whether to keep the pregnancy or not (Mangel, 1988). This paper discusses the two sides of pro-life and pro-choice. Thesis Life is precious; it is every person’s reasonability to ensure it is protected. When a man and woman make love and conceive, a life is created in the body of the mother. There are two abortions that can happen, natural abortions; which is a medical condition and intentional termination of pregnancy by a mother. Intentional termination is not because of any danger but on feeling by the pregnant woman that she wants to terminate the pregnancy. Killing is illegal. After conception, the mother carries a life. She can learn this through movements, unrests in the stomach and wastes from the foetus. After conception, a woman carries a living human being who is entitled to human rights as if living on the physical world. The mother is an agent to carry another life. Sometimes abortion can take place; this is when the life of the mother is at danger because of the pregnancy otherwise, termination of pregnancy is illegal (Sedgh, Henshaw, Singh, Bankole Drescher, 2007). In case of rape, there have been debates whether abortion should be allowed. The debate follows the same principle of life, that is life is precious should be respected. The child formed because of rape is innocent. It should enjoy human rights since it is not responsible of the actions that led to its formation. Prolife are of the view that using morning pills and contraceptives’ is a method of aborting since they aim at flashing some conceptions that have taken place after an intercourse. When women are given the right to terminate a pregnancy, they are likely to misuse these rights thus; the right should not be given. A Country’s constitution is supposed to protect life, after conception, although the life formed cannot be seen by naked eyes, it can be proved existing. During pregnancy, by the time a foetus is in the third week, the heart starts beating. By the end of the first trimester, the foetus has developed arms, legs among other physical features of a human being. The child is still unborn but when scanned, it has human features.Advertising Looking for research paper on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The only difference that the child has with human beings is that it is not yet born; otherwise, it is a human being. It thus has rights to enjoy human rights. One such right is the right to life. Supporters of abortion are of the opinion that a foetus is a tissue in the body of the mother that can be removed if unwanted; they fail to understand that human body is made of tissues just like the one in the foetus. Different parts of the world have different religions. One of the most dominant and common feature in all religions is respect for life. In Christianity and Muslimism, which are the most dominant religions in the world, they believe that God has the power to oversee life. They are of the opinion that God is the sole giver of life and is the only one who have power to terminate it when he want. The biological believe that life starts at conception should thus be respected as it goes in line with the teachings of the two religions. Abortion whether the pregnancy resulted from rape or whether is its unwanted should n ot be allowed. Medical conditions are an exemption. Antithesis The reason behind illegalising of abortion is that human life starts at conception. However, embryo or foetus is not a person thus human life does not start at conception. Characterises that can define a human being lack in a foetus and thus arguing that a foetus is a person is wrong. A woman has the right of control over her health including deciding whether to keep a pregnancy or terminating it. It is only logical to respect the rights of the person who can be seen and not bother with the unseen person. The unseen baby should not be given the right to life since he has not been born. The child has not lived; only exists in someone and no two lives can live in one or no two rights of the same nature that should be accorded to the same person. The mother should be given the right to terminate a pregnancy not only on medical grounds but also as matter of choice. The aborting mother and the doctor assisting in the abortion should be protected by a country’s constitution. Another augment is that the enjoyment of a person’s rights should be to the extent that he does not limit someone else from enjoying his/hers. When a mother does not need a child, then saying that the child should stay because it has rights limits the enjoyment of mother rights thus termination should be allowed at the discretion of the mother.Advertising We will write a custom research paper sample on Pro-life and Pro-choice Sides of Abortion specifically for you for only $16.05 $11/page Learn More Contraceptives and morning pills should not be seen as a method of aborting but should be interpolated as pregnancy prevention methods. With this believe, if a mother feels the need to avoid formation of a foetus, then she should be given the right to do so. The unborn baby is, as a tissue in a woman, which the body can function without thus terminating the pregnancy, is not killing; it is removing a tissue that is not wanted from the body. For a person to enjoy human rights, he should have developed a certain personality that can be hurt by violation of his rights. An unborn child has neither feelings nor personality and thus arguing that the child should enjoy human right is not correct. Cases of rape have resulted in heated debates. Supporters of abortion are of the opinion that the pregnancy came about not as a will of the mother but a misfortune. They argue that if the mother delivers such a child, she is likely to hate the child as it will remind her of the act, thus, such a pregnancy should be terminated. Supporters of life argue that the child should not be punished because of mistakes done by other people. The child is innocent thus should not be aborted (Wolf, 1997). Synthesis Life is precious should be protected. Biologically, life starts when an egg meets sperms. This is the perception that pro-life have. The truth is that there is a change that occurs in a womanâ €™s body which if nurtured leads to life. However, the main augment is whether at this point the life in the woman should enjoy human rights. Pro-choice argues that life and personhood are two different things. According to them for a person to enjoy human rights, he must have feelings and personhood, which lacks in the case of a foetus (OBrien, 2005). Personality of the person can only be realized after birth, thus the embryo should not be recognized as a human being before birth. Pro-life counter this argument by arguing that when a pregnancy is terminated, there is life destroyed which has its own personality only that it is not living in the physical world. They argue that an unborn have feeling, they become angry and are affected by the mothers external environment. They illustrate this by giving the example that if a mother is angry or restless; the child kicks in the womb. This is an indication that it is affected by the feeling that the mother is having. What should be p rotected is not the personality of the baby but the life that is holy. This seems to hold more weight. Another aspect that the pro-choice argues, this is the fact that the unborn has no enough size, ability to feel pain, viability, self-awareness, and thus cannot be granted the right of personhood. Pro-life sees this argument from a different angle that human life is precious whether it is the life of unborn or born. They have equal rights, which should be respected (Fergusson, Boden Horwood, 2007).Advertising Looking for research paper on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More A foetus is the initial stage of life; no person could be living in this world if he did not undergo through the foetus stage. Thus, foetus is life at the earliest stage it should thus be respected. Life is a continuous stage where human beings learn different things as they develop thus a foetus is in a silent learning stage that takes place in a mother. It should not be aborted as this will be aborting a life. A foetus cannot fight for its rights, since he is in the unseen world. However, its existence is holy it should be respected. Prolife and pro-choice come into an agreement that if the life of the mother is in danger, then abortion should be allowed. It should though be the last resort and conducted by an experienced medical officer. In these cases, the doctor and the mother are protected by constitution of a country as well as international medical practicing ethics laws. After a medical abortion, the mother should undergo psychological counselling to overcome abortion traum as (Avalos, 2003). The decision to terminate a pregnancy should only be made by medical practitioner to save the life of the mother. Conclusion In the battle for or against abortion, no single side wins; they both have concrete arguments. The pro-life have believed that life starts at conception whereas pro-choice believe that life starts at birth. One thing that gives the pro-life an upper hand is the psychological stress that a woman who has aborted has whether it is medical or intentionally abortion. Both pro-life and pro-choice agree that for medical purposes, abortion should take place. References Avalos, L. (1999). Hindsight and the abortion experience: what abortion means to women years later. Gender Issues, 17(2), 35-57. Retrieved from http://ehis.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=6hid=6sid=1fb36a06-a20d-4dbf-b039-d0b2660cd9e1%40sessionmgr112 Fergusson, D., Boden, J., Horwood, L. (2007). Abortion among young women and subsequent life outcomes. Perspectives on Sexu al Reproductive Health, 39(1), 6-12. Retrieved from http://ehis.ebscohost.com/ehost/detail?vid=6hid=116sid=0a3e9112-512e-463e-bc24-e997aceed4ed%40sessionmgr114bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=mnhAN=17355376. OBrien, D. (2005). No to Abortion: Posture, Not Policy. America, 192(19), 7. Retrieved from http://ehis.ebscohost.com/ehost/detail?vid=6hid=4sid=ca28aea0-714a-4085-8dfa 14534bca678c%40sessionmgr15bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=f5hAN=17123677. Mangel, C. (1988). Legal abortion: the impending obsolescence of the trimester framework. American Journal Of Law Medicine, 14(1), 69-108. Retrieved from http://ehis.ebscohost.com/ehost/detail?vid=4hid=4sid=6d34a16e-8933-4459-b43a a93acf2b0bbc%40sessionmgr12bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=mnhAN=3068986. Sedgh, G., Henshaw, S., Singh, S., Bankole, A., Drescher, J. (2007). Legal abortion worldwide: incidence and recent trends. International Family Planning Perspectives, 33(3), 106-116. Retrieved from http://ehis.ebscohost .com/ehost/detail?vid=3hid=4sid=d3f03cba-00a8-4861-9fa3-b21da3c1d158%40sessionmgr11bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=mnhAN=18093038. Wolf, N. (1997). Pro-choice and pro-life. Human Life Review, 23(3), 60. Retrieved from http://ehis.ebscohost.com/ehost/detail?vid=4hid=116sid=1df48f84-edc0-43f1-8dd4-6a9345209724%40sessionmgr11bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=f5hAN=9709301738

Pros and Cons of School Uniforms

Pros and Cons of School Uniforms They come in soft yellow polo shirts. They come in white blouses. They come in plaid skirts or jumpers. They come in pleated pants, navy or khaki. They are all made of durable fabric. They come in all sizes. They are school uniforms. And despite their name,  uniform, which means remaining the same in all cases and at all times, school uniforms can still look different from one student to another. Over the past twenty years, school uniforms have become a big business. The Statistic Brain Website (2017) counts that 23% of all public and private schools have a uniform policy. That means there are annual school uniform sales of over $1.3 million annually, with the average cost of $249/student. School Uniforms Defined Uniforms used at schools can range from the formal to the informal. Some schools that have implemented them have chosen what one usually thinks of in connection to private or parochial schools: nice trousers and white shirts for boys, jumpers and white shirts for girls. However, most public schools are turning to something more casual and more acceptable to parents and students: khakis or jeans and knit shirts of varying colors. The latter appears to be more affordable too because they can be used outside of school. Many school districts that have implemented uniforms have provided some sort of financial assistance for families that can not afford the extra expense. Pros of School Uniforms â€Å"Uniform of a soldier and uniform of a student both are equally needed for the nation.†Ã¢â‚¬â€¢Ã‚  Amit Kalantri, (author) Wealth of Words​ Some of the reason offered to support school uniforms are the following: Preventing gang colors, etc. in schoolsDecreasing violence and theft because of clothing and shoesInstilling discipline among studentsReducing need for administrators and teachers to be clothes police (for example, determining whether shorts are too short, etc.)Reducing distractions for studentsInstilling a sense of communityHelping schools recognize those who do not belong on campus The arguments for school uniforms hinge on their effectiveness in practice. Anecdotal information from administrators in schools that have implemented uniform policies point to the fact that they do have a positive effect on discipline and the school. Note that all of the following were from middle schools. In Long Beach (1995), officials found that the year after their mandatory program with parental opt-out was implemented, overall school crime decreased by 36%. More recently, a  2012  study found that after a year of having a uniform policy at a middle school in  Nevada, school police data showed a 63% decrease in police log reports. In Seattle, Washington, which has a mandatory policy with an opt-out saw a decrease in truancy and tardies. They had also not had a reported incident of theft. As a final example from Baltimore, Maryland, Rhonda Thompson, an official from a middle school that has a voluntary policy noticed a sense of seriousness about work. Whether any of these results can be directly linked to school uniforms is hard to say. However, it can be said that something has changed to make the officials take notice. We can not discount the coincidence of school uniforms with these changes either. If you would like more information about schools that have implemented uniform policies, see the Department of Educations Manual on School Uniforms. Cons of School Uniforms â€Å"[On school uniforms] Dont these schools do enough damage making all these kids think alike, now they have to make them look alike too? -George Carlin, comedian Some of the arguments made against uniforms include: Students and parents argue that uniforms violate their freedom of expression (see the next page of this article for more about what the Supreme Court has to say on this)Some students might choose to express their individuality through other means such as body piercing which is harder to regulate.Parents raise concerns about the cost.Because uniforms single out students as being from one school, this might lead to trouble with students from other schools.Families fear it might interfere with religious clothing like yarmulkes.A new policy for school uniforms can be time-consuming and difficult to enforce. There are concerns that uniforms are often associated with low-income, urban school settings. The Institute of Educational Science National Center  for Educational Statistics noted that in  2013–14: A higher percentage of schools where 76 percent or more of students were eligible for free or reduced-price lunch required school uniforms than did schools where lower percentages of students were eligible for free or reduced-price lunch. Other concerns have been raised by David L. Brunsma, an associate professor of sociology at the University of Missouri-Columbia. He analyzed data from schools nationwide, and published research with co-author, Kerry Ann Rockquemore that concluded that 10th-grade public school students who wore uniforms did no better than those who did not in attendance, behavior, or drug use. Conclusion: The effectiveness of uniforms will be a subject of continuing research as more schools look for solutions to socio-economic problems of attendance, discipline, bullying, student motivation, family engagement, or economic need.  And while a school uniform may be only a small part of the solution for all of these ills, they do solve one major issue, the dress code violation. As  Principal Rudolph Saunders  explains to Education Week (1/12/2005) that before school uniforms, â€Å"I would spend 60 to 90 minutes a day on dress-code violations. Of course, there are always those students who will try to alter a uniform for individuality. Skirts can be rolled up, pants can be dropped below the waist, and (inappropriate?) messages on T-shirts can still be read through issued button-down shirts. In short, there is no guarantee that  student wearing a school uniform will always meet the dress code standard. Supreme Court Rulings In Tinker v. Des Moines Independent Community School (1969), the court said that a students freedom of expression in school must be protected unless it would seriously interfere with the requirements of appropriate discipline. In the dissenting opinion written by Justice Hugo Black, he said, If the time has come when pupils of state-supported schools ... can defy and flout orders of school officials to keep their minds on their own schoolwork, it is the beginning of a new revolutionary era of permissiveness in this country fostered by the judiciary. Students are still protected under Tinker. However, with an increase in school violence and gang-related activities, the political climate seems to have turned more conservative, and the Supreme Court has begun to return many decisions back to the discretion of the local school board. The issue of school uniforms itself, however, has not yet been dealt with by the Supreme Court. Schools must educate students in a safe environment. Over time, education has often slipped away as the main focus of schools. As we have unfortunately seen, school safety is such an enormous issue that it is hard to come up with policies that truly work without turning a school into a prison camp. After the events at Columbine High School in 1999 where students were singled out partially for what they wore, and after numerous thefts and murders over designer shoes, it is obvious why many school districts want to institute uniforms. We must realize that learning cannot take place without some sense of decorum and discipline. Possibly instituting school uniforms might help bring back that sense of decorum and allow teachers to do what they are hired to do: teach. Parent and Student Support for Uniforms Many schools have in fact made the choice to have students wear school uniforms. Until the Supreme Court rules otherwise, this is entirely up to the school district. However, they do still have to follow state and federal anti-discrimination laws when they make their polices.Following are some ideas to make the use of uniforms easier to accept by students and parents:Make uniforms more casual - jeans and a knit shirtAllow students an outlet for their own expression: buttons to support political candidates, but not gang related paraphernaliaProvide financial assistance to those parents who can not afford the uniformsAccommodate students religious beliefs. This is required by the Religious Freedom Restoration Act.Make your program voluntary if community pressure is too largeInstitute an opt-out provision. Not including this would probably cause a court to rule against your program unless there is proof that lesser measures are ineffective.Make uniforms an integral part of the school sa fety program.

A Just War Essay Example | Topics and Well Written Essays - 2000 words

A Just War - Essay Example The power of modern means of destruction weighs very heavily in evaluating this condition. These are the traditional elements enumerated in what is called the "just war" doctrine. The evaluation of these conditions for moral legitimacy belongs to the prudential judgment of those who have responsibility for the common good. The first question the definition brings is who has "the responsibility for the common good" This is Catholic Doctrine so one would assume that the leadership of the Catholic Church is responsible for defining it for the Catholic community. The doctrine does put the responsibility on the leadership of the Catholic Church and that would be the Pope. But, the Catholic Church turns that responsibility back to the people when they ask the community to keep them informed (Catholic Answers). The Pope and the Church pass some of this responsibility to the members of the Church by educating the people of the church (using the Catechism). The idea of condoning a war would seem to be in direct conflict with many of the scriptures and teachings of the Catholic Church and the Bible. ... This gives the impression that when challenged one should not react in an aggressive manner (according to the Bible). This contradicts Catholic doctrine that allows for the evaluation of war as just or unjust. To condone war would mean acceptance, to some extent, of Catholic Doctrine over the writings of the Bible. In order to evaluate the Iraq war as just or unjust according to Catholic Doctrine (Catechism) the teachings of the Bible need to be set aside as not relevant. The Catholic Church is assumed to have evaluated it all for its congregation and given its rulings in its Catechism (like a judge interprets the law when making a ruling in a court case). Evaluating the Iraq War will be done assuming the Catholic Catechism is the law. 2. Just or Unjust War The first part of the Catechism to be examined is this: "the damage inflicted by the aggressor on the nation or community of nations must be lasting, grave, and certain."(Catholic Catechism paragraph 2309). This question challenges whether the Iraqi leadership (or the country itself) is expected to cause lasting, grave, and certain damage to the community of nations. During the first Gulf War it was evident that Iraq (the country) intended to take over Kuwait and cause great harm to Israel and any other country that was part of the coalition forces that liberated Kuwait. When the World Trade Center was bombed it was clear that it was an attack on the United Statesbut initially unclear who was responsible. The men who carried out the attacks on 9-11 were from the Middle East and were apparently funded by Osama Bin Laden. "Osama bin Laden Promises More Attacks on United States" (ABC News,

State Court System In Indiana Essay Example | Topics and Well Written Essays - 1000 words

State Court System In Indiana - Essay Example The trial courts consists of (from the lowest to the highest level) city or town courts, it is county courts, superior courts and circuit courts (Indianacourts, 2009). City or town courts can be created by local ordinances meaning local law. They handle minor offenses, namely infractions, misdemeanors and city ordinances. Most commonly, this is where traffic matters are handled (Court Reference. 2009). Since city or town courts are not courts of record, their proceedings are not recorded. Hence any appeal from these courts to superior or circuit courts, they are trialed as if they are appearing for the first time at these higher courts. At present, there are 48 city courts and 27 town courts in Indiana with Avon, Carmel, Jamestown, and Plainfield as a few examples (Indianacourts, 2009). County courts handle contract (disagreements over written and oral agreements), tort (such as personal injury cases, perhaps from a car accident), and landlord/tenant cases where the damages do not ex ceed $10,000. Class D felonies, misdemeanor and infraction cases and violations of local ordinances are cases county courts hear. A small claims division is also available in county courts (Court Reference. 2009). Floyd, Madison, and Montgomery counties are the only Indiana counties that still have a county court system while the rest are upgraded to superior courts. Superior courts have general jurisdiction, and so all civil and criminal cases can be heard. Where no county court system exists minor offences and small claims are heard. The General Assembly divided Indiana into circuits, or areas based on county lines. Indiana has 92 counties, and 88 of these counties have their own circuit with their own circuit court. The remaining four small counties in southeastern Indiana (Dearborn, Jefferson, Ohio, and Switzerland counties) have been combined to form two circuits with two counties in each circuit. Circuit courts heard all civil and

Mutual Trust in Employment Contracts

Mutual Trust in Employment Contracts Introduction In all the employment contracts a term mutual trust and confidence which is also known as the duty to act reasonably and fairly is implied or not is the question for over the past years. As per the labor regulations in Australia, different range of sources provides different rights and responsibilities of employers and employees, which also creates a huge different level of complications while going through these sources. These terms will generally be implied in an employment contract in Australia that has been widely acknowledged, but at the same time the debate on awarding the damages for a breach of these terms in some of the Australian courts will be challenging as well. Contract Contract is a legal document that states and explains a formal agreement between two different people or groups, or the agreement itself.[1] There are two kinds of contract and they are Express and Implied contract. Express contract is a type of contract which parties state the terms either orally or in writing at the time of its formation. On the other hand implied contract is a contract where terms and condition are not expressly defined at the time of its formation.[2] Employment Contract Employment contract is a category of contract, which used in employment. It is a relation between both parties on the one and stands an employee who is employed by an employer. It contains all terms and condition regarding employment.[3] Mutual Trust and Confidence in Good Faith Analyzing the concepts is very much necessary when it comes to â€Å"breach of mutual trust and confidence† and â€Å"the duty of mutual trust and confidence†. There is a lot of difference between the duty of good faith and the mutual trust and confidence. One talks about the implied duty that will relate to the terms of the contract and the relationship and whereas other talks about the incident of the employment relationship (right to Control). [4] When it comes to incident of the employment relationship, there comes a question whether the relationship of trust and confidence exists or not. Which totally depends on the nature of the employment. So there is a doubt that it has existed and continues to exist, a necessary relationship of trust and confidence between employer and employee. In an employment relationship the subsistence of mutual trust and confidence is very much essential to it. Because the employer cannot accept disloyalty of an employee who has undermine the employer’s business interest.[5] So the employee should not remain with the employer in employment because the employee has destroyed the trust and confidence in the working relationship. Employee’s destruction of trust can be evidenced by different types of conduct and which also depends on the circumstances of the employment. Some of the examples of different types of conduct, which may destroy the trust and confidence, are: demotion;[6] unwarranted carping criticism;[7] withdrawal of employment benefits.[8] It was first originated from the series of cases in the United Kingdom, in which employees totally blame employers for termination of their employment; despite this employers did not expressly dismiss these employees.[9] If any employee can make out that the employer’s conduct was so destructive of mutual trust and confidence, which properly ties up the parties to an employment relationship, than the employee treats employer’s conduct as constructive dismissal. In terms of contract law, employer’s conduct is treated as a repudiation of the employment contract by the employee as they are permitted to do so and elects to terminate the contract and claim damages for wrongful dismissal. On this basis in many of the cases, employee was seeking to claim statutory compensation for termination under the Employment Rights Act 1996 (UK) c 18.[10] Into the English employment law, duty was cemented by the decisions of House of Lords for example in Malik v Bank of credit and Commerce International SA (‘Malik’).[11] This was actually the test case for determining whether the breach of the duty is not to destroy mutual trust and confidence that could sound in damages. So it was held that mutual trust could sound in damages during employment as a consequence of the employer’s breach, that is why following this decision, not to destroy the mutual trust has been engaged to address a wide variety of claims. For example, in Clark v Nomura International Plc[12] and Clark v BET plc[13] So in the development of this duty in English law, which actually came from the decisions of a majority of the House of Lords that breach the common law duty of mutual trust, good faith and fair dealing would not sound damages until the damages flow from only the termination of the employment relationship. So to overreach the limitations already determined by statute,[14] the House of Lords held the common law not to be developed. Since in the United Kingdom the legislation has already imposed a cap on damages for termination of the employment, and also exercising the common law jurisdiction should not award damages that exceed the statutory limits for termination. To compensate for any losses incurred by the employee, damages might be awarded as a consequence of breach of employment contract during employment, but also not for any loss surffered as a consequence of loosing the job.[15] English scientific study of law has allowed damages for breach of the obligation that is not to destroy the trust and confidence, but even not when the damage flowed from the fact or manner of dismissal. Most importantly, in the English Law ‘the giving of the lawful notice cannot itself constitute a breach of the implied term.’[16] When it comes to Australian case law it has generally assumed that duty has been existed not to act in a manner or likely to destroy the mutual trust and confidence when it comes to employment relationship,[17] though no appellate court decision has depended upon such a findings.[18] Both parties to an employment relationship bear the duty not to destroy the mutual trust and confidence has assumed by the Australian courts in more recent times. When it comes to the English law, destruction of mutual trust signifies to the situation in which employees refuses to do something that are legally required to do as per employment contract and than identifies who is to be blamed if termination of the contract ensues. But whereas in Australian law, destruction of mutual trust and confidence has not been found to sound any damages on its own. In Australian case law it distinguishes between the employment relationship and employment contract.[19] The employment relationship is nothing but the actual dealing between employer and employee regulated by different types of law that includes common law of contract and also statutes that impose the mandatory obligations on the parties.[20] Whereas in terms of employment contract it is not automatically terminated when there is dest ruction of relationship of trust, but by electing innocent party.[21] In such circumstances the employees who gets terminated are entitled to be paid any remuneration or some other benefits according to his or her loss of account of premature termination of the employment contract.[22] This also means the payment of remuneration and other benefits that would have been received during a proper notice period. More importantly, the obligation not to destroy the mutual trust does not constrain an employer to take the decision to terminate the employment. So as long as the employer brings together the terms of the contract, and without prior notice and explaining how it should be done the employer is not at all liable for breaching the employment contract simply by deciding to terminate the employee.[23] Australian law has not gone so far unlike the English law, where the obligation is not to destroy mutual trust and confidence with a general duty of good faith and fair dealing in the employment contracts, in which breach might sound in damages. In some of the Australian cases there are few suggestions that on one hand there is two obligations of mutual trust and confidence, and on other hand the good faith, are having nearly the same meaning and these statements tend to be made by the courts who have found to decide upon the matter without any obligations.[24] According to Russell (Appeal) in 2008 â€Å"Although there were said to be two implied terms, it is probably sufficient to identify them as a single obligation.† [25] They derive from the same source, as siblings, that show the existence of a relationship of employment but again to understand it in the better way make it the separate concepts of each of them and with different functions. It is just a matter of choosing a vocabulary to assist in the clear articulation of separate concepts. The terminology of ‘mutual trust and confidence’ is very useful to describe in a particular characteristic of an employment contract that distinguishes it from a contract of sale or other contractual arrangement. Also ‘good faith’ is described as governing principle that is best engaged in interpretation and construction of relational contracts such as employment. Commonwealth v Barker It was in the year 2009 where the Commonwealth Bank of Australia took a step forward to change its Corporate and Financial Services business unit, due to which Mr. Barker’s position in the Bank was removed. As per the policy of the company, if they don’t require any position of the employee they will need to place that concern employee to the other part of the department or other position in the company. But in the case of Mr. Barker the Commonwealth Bank did not imply this policy. On 2 March 2009 Mr. Barker was send a letter to inform him about the redundant of his position but the Bank would like to send him to other area of the Bank. Later there was a meeting where Mr. Barker was told to clear out his desk, give away the keys and mobile phone and not to come to work. The Bank also stops Mr. Barker’s email and intranet facilities. On 9th April 2009, Mr. Barker was sent a letter of termination due to his redundancy and there was no sign of redeploy for Mr. Barker by the Bank. Mr. Barker had given his 23 years in the Bank and his contract of employment showed that he would be terminated only if the Bank is unable to give him a different position but there was no proper word in the contract apart from potential operation of an implied term of mutual trust and confidence. Mr. Barker’s file the case to the trial judge against the Commonwealth Bank and that included the failure of the Commonwealth Bank to give him the employment in some other department of the Bank.[26] What the Bank did to Mr. Barker was not according to the term of the contract of employment. As per the contract there should be mutual trust and confidence between employer and employee but that didn’t work at his time his employment. The policy of the company for redeployment was not utilized at his case of redundant of his position. Mr. Barker was entitled $300,000 from the bank for not following the company’s policy of redeployment. The case was then requested to the Federal Court as the Bank felt the Trial judge has made mistake in giving justice without any proper evidence. The courts refused to accept the appeal as Mr. Barker was more favorable and for this reason Jacobson and Lander JJ were appointed to go through the case in detail under Australian Law. [27] They came to the conclusion on the following grounds: In the court of England the policy support the implied term with the contemporary employment relationship.[28] The employment relationship should take part necessary of common interest and partnership fairly than a serious disagreement or argument.[29] These typical parts called for the result of an action or a decision by law of an obligation, for which employment relationship need to be in its original state.[30] According to the majority, the implied term only work in a particular way in respect of conduct and form a unit by it from the manner of termination of the contract of employment that is, it does not apply at the point of dismissing someone from their job or to steps inextricably linked with dismissal.[31] It was easy to see or understand from their reasons for decision that Jacobson and Lander JJ held that the implication of the implied term by law was necessary For Jacobson and Lander JJ, the Bank’s failure to give redeployment policy was not the important factor. As they found the Bank has not implied term or made something happen: Mr. Barker was a senior employee and worked for more than 23 years. The Common wealth bank was a large corporate organization and The contract (clause 8) contains that the employment may be terminated if the Bank were unable to place the employee in other position.[32] In these conditions of the facts, Jacobson and Lander JJ held that the implied term required the Bank to take positive steps from 2nd March 2009 to advice Mr. Barker about the possibility of redeployment and to give him the option to apply for alternative position within the Bank. [33] Jacobson and Lander JJ confirmed that Mr. Barker has been gone through hurt and distress and even loss of reputations that can never be recovered.[34] As an alternative reason for holding the Bank was liable, Jacobson and Lander JJ found that the same circumstances triggered the operation of the implied tasks of the organization in the contract of employment.[35] This implied the state of being forced upon the need for one party to take positive steps without which the other party is unable to enjoy a right or to be in a better position because of the contract.[36] By comparing the case where an employee despite to be knowing for the benefit unless it is brought to his attention by the employer. [37] After paying great attention to details and had judgment in which he completely study the gradual development of English and Australian case law in relation with the implied term of mutual trust and confidence, Jessup J concluded that: â€Å"the question whether the implied term is part of the law of contracts of employment in Australia has never been answered in the affirmative by an Australian appellate court in the sense of being of the ratio decided.†[38] His Honor went onto hold that the implied term of mutual trust and confidence was not needed for the pleasure of the rights conferred by the contract of employment.[39] Jessup J described the implied term as having â€Å"the potential to act as a Trojan horse in the sense of revealing only after the event the specific prohibitions which it imports into the contract.†[40] His honor makes a decision that the implied term, if accepted, â€Å"would enable defined limits in the existing fabric of common law and equitable remedies to be side-stepped†; and that the implied term would â€Å"overlap a number of legislated prohibition and requirements, thus tending to compromise the democratically-drawn architecture† by closely connected with the employment obligations.[41] Jessup J further held that the fact of being express reservation in the Bank’s redeployment policy â€Å"did not †¦leave any scope for the conclusion that by merely failing to comply with the policy, the Bank breached the implied term.†[42] The largest part of the case was in favor of Mr. Barker and at least for now, that in the period of time when express terms to the contrary is away, there is an implied term of mutual trust and confidence in every Australian employment contract. The decision moved to a higher level for consideration if the employers should clearly deliberate the implied term from employment contract. To whatever degree, it won’t be too complicated as given: As far as possible giving particular attention to the implied term, and The way of dealing by the majority judges, that particular circumstance triggered the operation of the implied term. The majority decision is turned upside down by the High Court of Australia on appeal; employers now need to put the implied term of mutual trust and confidence and the implied duty of cooperation to their list for them to remember all the time. In addition to the matters such as rise in the adverse action claims in dealing with their employees. When it comes to advantages and disadvantages for employers and employees of having such an implied term in the employment contract, employees should always remain faithful and sincere to the employer’s interest. Any confidential document or information of the company should not be shared outside the workplace to its competitors and it should remain internal within the workplace.[43] Whereas employers make decisions from the policies so they have to pay extra attention to its policies and regulations. In Barkers case federal court advised the employers to conduct themselves in a way that it wont destroy their relationship of trust and confidence with employee. When it comes to common law employers have to make sure that workplace is a safe place for employees to work. Employees have a huge advantage in having the implied term mutual trust and confidence because if there is a severe breach in the employment policies which is found than through the award of damages by the court, it will not only be considered a breach of an implied term. Conclusion In my view the term mutual trust and confidence is very much important to be implied in the employment contract. Because having the term mutual trust and confidence in the contract will create a comfortable working environment and also conditions can be achieved between both employer and employee. Incase if such implied term is not reflecting in the employment contract than either the employer or the employee would be permitted to act in a way that is not necessarily in accordance with the will of the contract. And also the practice of obeying rules between employer and employee are included in the viewpoint of an implied term. [1] Cambridge Advance Learner Dictionary (3rd Editioin) [2] ibid [3] Mark Freedland, the personal employment contract 2003 Oxford University press. [4] Gillies v Downer EDI Limited [2011] NSWSC 1055 [5] Concut Pty Ltd v Worrell (2000) 176 ALR 693. [6] Russian v Woolworths (SA) Pty Ltd (1995) 64 IR 169. [7] Lewis v Motorworld Garages Ltd [1986] ICR 157. [8] Clark v Nomura International plc [2000] IRLR 766. [9] Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84. [10] Lewis v Motorworld Garages Ltd [1986] ICR 157. [11] [1998] AC 20. [12] [2000] IRLR 766. [13] [1997] IRLR 348. [14] Johnson v Unisys Ltd [2003] 1 AC 518, 544 [56]–[58] (Lord Hoffmann). [15] Gogay v Hertfordshire County Council [2000] IRLR 703. [16] Kerry Foods Ltd v Lynch [2005] IRLR 680, 682 [16] (Clark J). [17] Sappideen et al, above n 10, 162 [5.230] and the cases cited there. [18] Aldersea v Public Transport Corporation (2001) 3 VR 499. [19] Visscher v Giudice (2009) 239 CLR 361. [20]Byrne v Australian Airlines Ltd (1995) 185 CLR 410. [21] Visscher v Giudice (2009) 239 CLR 361. [22] Thomson v Orica Australia Pty Ltd (2002) 116 IR 186. [23] Russell (Trial) (2007) 69 NSWLR 198; Rogan-Gardiner [2010] WASC 290 (22 October 2010). [24] Russell (Appeal) (2008) 72 NSWLR 559, 567 [32], [25] ibid [26]Barker v Commonwealth Bank of Australia[2012] FCA 942 (3 September 2012). [27] 2013] FCAFC 83 at para [79], [28] 2013] FCAFC 83 at paras [94]-[95], [29] [2013] FCAFC 83 at para [81], referring to the Full Court of the SA Supreme Court decision inSouth Australia v McDonald(2009) 104 SASR 344 [30] [2013] FCAFC 83 at paras [72], [107]. [31] [2013] FCAFC 83 at paras [72], [97]. [32] [2013] FCAFC 83 at paras [110]-[111]. [33] [2013] FCAFC 83 at paras [112], [117], [130]-[132]. [34] 2013] FCAFC 83 at paras [152]-[158]. [35] 2013] FCAFC 83 at paras [118]-[128]. [36] 2013] FCAFC 83 at para [122]. [37]As in the House of Lords decision inScally v Southern Health and Social Services Board[1992] 1 AC 294, discussed by the majority inBarker[2013] FCAFC 83 at paras [114]-[115], [123], [128]. [38] 2013] FCAFC 83 at para [280 [39] 2013] FCAFC 83 at paras [288]- [295], especially paras [289]-[290]. [40] 2013] FCAFC 83 at para [340]. [41] 2013] FCAFC 83 at para [340]. [42] [2013] FCAFC 83 at para [351]. [43] Ansell Rubber Co Pty Ltd v Allied Rubber Industries Pty Ltd (1967) VR 37.

A letter to Dr. King

I hereby write this letter to emphasize on the step that you have taken that will make a great history to the American society and on the social issues that are highlighted in the letter.Being the president of the Southern Christian Leadership Conference (SCLC) you have the mandate and authority to talk on the injustice which is developing in many states like Birmingham. It is known that injustice is a threat to justice everywhere and this should provide a reason for your actions. More so, we should understand that whatever affects one affects all of us because we are tied in a single garment of destiny.There are many demonstrations going on at Birmingham that should be taken care off by first collecting the facts on whether injustices exist or the use of direct action, all this involves a non-violent action. This city is mostly segregated in United States with the Negros receiving unjust treatments in the courts. This is even worse as many homes for the Negros have experienced more bombings which even extend to their churches.These demonstrations are more so necessary at this moment because of the trend of economy. This is the time when there shall be a strong economic withdrawal program as a result of the direct action, the time when the merchants shall be in need for change.It is necessary to put direct and indirect action towards demonstrations in Birmingham because; this can create a situation that can bring about an open door for negotiation. More so still the Birmingham administration shall not be allowed to act because it must first be prodded before it starts to act. From the past, it has been seen that there has not been any gain without using a determined legal and nonviolent pressures. Therefore, there is need to get engaged in the direct-action campaign because we know that justice that is delayed too long is simply justice denied.The American community has waited for a long duration without having the constitutional and God-given rights which mean s there is a slow down in gaining political independence. Therefore, people have increased their anxiety to break laws which are unjust. This is because of the existence of two types of laws which are just and unjust laws. Unjust laws are those that degrade the human personality like the segregated statutes or just arresting a charge of parading without permit which is used for example to maintain segregation and deny citizens a peaceful assembly and protest.Another major social concern that you expressed in the letter is recognition of the importance of law in a country. That is it exists in order to establish justice and that if violated we are likely to become a dam that is dangerously structured for the purpose of blocking social progress. I certainly do not support this because the whites seem to have a low regard of the existence of law.This is the main limiting factor to establishment of justice in the legal systems. It has however been expected that the oppressor race shall be at least understand the needs of the oppressed race which is just but a dream a reason as to why the oppressed should be strong, persistent and determined for action.I still feel that the church has some inner strong power to take care of the oppressed race which has been an inverse in the present times. But lack of will has made it weak and has had an ineffectual voice that is unable to perform its duties.

The Life And Death Of Satire - 2426 Words

The Life and Death of Satire The Encyclopedia Britannica describes satire as, â€Å"an artistic form [and] is one of the most heavily worked literary designations, and one of the most imprecise.† (â€Å"Satire†). This definition shows that satire has had time to grow and has been changed over time to encapsulate an entire genre of literature. One of the earliest satires was â€Å"The Frogs,† by Aristophanes the Greek playwright. â€Å"The Frogs† is a play that focuses on Dionysus, and his travels into the underworld to get the famous playwright Euripides back from the dead. With growth comes broadening and change, with works such as A Modest Proposal by Jonathan Swift, or Candide by Voltaire. A Modest Proposal is an essay that creates a horrifying and inhumane way to deal with poverty, which was rampant at the time. Candide is Voltaire’s satirical adventure novel that has the incompetent titular character travel the globe to regain his beautiful love. Satire then expands and i ncorporates more modern people and popular events. It has even grown to incorporate the satirization of deep philosophies and organizations with Catch-22 by Joseph Heller, or Cat’s Cradle by Kurt Vonnegut. Catch-22 is the dark comedy that looks at the autonomous and heartless bureaucracy that our government and army have become. Cat’s Cradle is a dark look at hope, and how we as people may lie to ourselves and others, in order to enjoy hope. Satire is an art that has expanded over time, from the early satires to theShow MoreRelated Contrast Between Satire in The Rape Of The Lock and A Modest Proposal1679 Words   |  7 PagesContrast Between Satire in The Rape Of The Lock and A Modest Proposal   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Although Alexander Popes, The Rape Of The Lock and Jonathan Swifts A Modest Proposal are both witty satires, they differ on their style, intention, and mood. 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