Monday, July 22, 2019
The success of Aldi Essay Example for Free
The success of Aldi Essay Executive summary This report presents the current situation of UK supermarket especially Aldi by the PESTLE analysis, and the economic, social and technological are the main factors affecting the performance of supermarkets nowadays. For instance the unemployment rate, technology used and current trend. There is also a case study on Aldi, explaining the strategies used by Aldi, reducing cost to achieve its goal of providing both value and quality to the customers. Lastly, the report also distinguish that Aldi is applying the rational goal model, as Aldi has a clear goal and emphasis on the efficiency, and how the systematic working method of Aldi helps itself to reach the success. 1.0 Introduction In recent years, the whole UK grocery market are stretching continuously, about 4% bigger than a years ago(Supermarkets in the UK: Market Research, 2013). Aldi is one of the British ââ¬Ëbig fourââ¬â¢ supermarkets in UK. It was started in 1913 as a family grocery business in Essen. In 1946, brothers Karl Albrecht and Theo Albrecht took over the business from their mother. Aldi is a supermarket flaunts low prices as its name Albrecht-Discount, and the mission statement of Aldi isâ⬠Incredible value everydayâ⬠. There are 512 stores in the UK, and over 7,600 worldwide. Aldi has increased its sales 32.7% year for the 12 weeks before September 15th (The Grocer, 24th September 2013). In this report, weââ¬â¢re going to use the PESTLE analysis to study the factors affecting the UK supermarket industry and especially Aldi, the approaches used by Aldi to gain the competitive advantage and the model of management of Aldiââ¬â¢s approach and discuss how the culture supports its strategies and lead to the success. 2.0 PESTLE Analysis PESTLE Analysis is a tool for people to understand the industry situation,à PESTLE stands for ââ¬Å"Political, Economic, Sociological, Technological, Legal and Environmentalâ⬠factors. In the following, we will focus on the economic, social and technological factors( Boddy, D. and Paton, S.,2002). 2.1 Economic factors In 2013, UK is on the path of recovery. It is expected in the second half of 2014, the economy of UK will exceed the peak in 2008. It also says that the UKs GDP is now set to grow by 2.7% in 2014, an upgrade from a previous prediction of 2.2% as per data by BBC (British Chambers of Commerce) (Kern, 2013). Also, The European Central Bank has cut its inflation forecast for 2014, from 1.3 per cent to 1.1per cent (Yaker, 2013). For the unemployment rate, it stands at 7.4% down 0.3% on the quarter and 0.5% down over the year. The number of people employed was 250,000 higher this quarter and 485,000 higher than last year (HRM Guide, 2013). All the above changes and prediction of the economy are the considerations of Aldi, as they will affect the prices, demand, supply and finally the profit of supermarkets. Especially the unemployment rate, as people will have less disposable income when they have no jobs, they would then lower the demand on some leisure goods, for instance the snacks. In case of Aldi, as Aldi is aim at providing a cheaper price compare with its competitors, therefore the sale of Aldi will rise on the country as the unemployed will consider more on the price when they are in limited budget. 2.2 Social factors The British are more concern about healthy in recent years, there are concerns on organic food. People may rather consume an organic product with a higher price than an artificial stuff with lower price. And Aldi did catch on this trend and establish a product line called ââ¬Å"Fit and Activeâ⬠and organic toddler products to meet the recent needs of customers. There is also demographic problem of aging population in UK, leading to a paucity of labour in the supermarket as most low level work in supermarket require physical power and the elderly are not suitable for these. Aldi also focus on corporate social responsibility, they cooperate with many charities, for example, in 2011 Barnardoââ¬â¢s was Aldiââ¬â¢s charity of the year (The Times 100, 2013). 2.3 Technological factors Technology used by supermarkets will highly influence the efficiency of a supermarket. Most of the work in the supermarket are more or less the same and process daily, for example transportation of goods, storage, distribution system, packaging, etc. Much time can be saved if technology are developed for this simple but repeating tasks. For Aldi, their stores use the technologies like, intelligent scale, Wireless devices, Electronic shelf labeling, Radio Frequency Identification(RFID), and self-check-out machine (Gill, 2013). RFID technology is used to protect the warehouses, through the system, only people with the RFID tag will be allowed to go into the warehouses. 3.0 Strategies of Aldi All the customers want a product in the lowest price whilst possessing the highest quality. Aldi understand what customers need and offer them quality products at competitive prices. In some cases Aldiââ¬â¢s product are 30% cheaper than those offered by its competitors (The Time 100, 2013). According to the article(Competitive advantage through efficiency), The Time 100, the strategy used by Aldi is cost leadership strategy. This is an approach that the business eager to provide the lowest price among the market and this is achieved by cutting the cost without affecting the quality of goods which means it antagonizes with the competitors by price. Aldi is mainly based on the lean thinking principle to operate the business. The rule of lean production is getting more from less. In other words, using least resources to provide the largest amount of goods and services. Firstly, the time based management of Aldi. This is an approach aim at minimize the time the used in managing the business. In the supply chain,à Aldi will minimize the cost and time of delivery by getting most of the resources(fruit and vegetables) locally. Also, the approach is also implicated to the staffs of Aldi. The staffs of Aldi are trained to do variety of works, the multi-skilled staffs are able to lower the cost on employment of Aldi as they are able to perform different tasks. Different from the competitors, the opening hour of Aldi is regularly 8am to 8pm from Monday to Saturday and 10am to 4pm on Sunday, but not open for 24hours. This action is able to cut the cost of Aldi, as expenditure on light, wages, etc also need to be spend during the wee hours and the sale on those hours must be less than the day time. Secondly, the just-in-time approach applies on stock storage mentioned in the article. Aldi only holds the stock that it needs. As the expenditure of warehouses is high and therefore the cost on renting a warehouse and staffs on managing of the warehouse can be saved. In addition, Aldiââ¬â¢s products are delivered in display ready cases. Cost on managing the products can also be reduced. Aldi pays much effort on reducing costs and eliminating waste, applies the principle of lean thinking in every minutiae. Aldi is fully achieved its core purpose ââ¬Å"Provide value and quality to our customers by being fair and efficient in all we doâ⬠. All Aldi have done is able to reduce the cost and turn out offering a lower price than its competitors, gain the reputation from customers. 4.0 Model of management of Aldi The rational goal model is the best model of management to represent Aldiââ¬â¢s management approach. This is an approach about an organization maximize its own capability to reach the goal. There is a clear direction of operating Aldi, offering the ââ¬Å"happy priceâ⬠to the customers. And Aldi has carry out a lot of practices in order to minimize the cost on operating the supermarket. There are different approaches throughout the whole process, from supply, delivery, grounding to packing. Every staff of Aldi is employed carefully, they should have enough capability to handle any task and duties of the day, they are trained to follow defined procedures. They are a group of flexible workforce to Aldi. The staffs of Aldi also receive a relatively high salary compare with other supermarkets and variety type of jobs enable employees to have high incentive to work. Apart from the skilled staffs, the measures of Aldi also bring itself to an upper level. These factors make Aldi processes in a high level of efficiency and productivity. The culture of Aldi is carrying out the scientific management. There are systematic working methods throughout every process as discussed above. Also, the business decisions are all made by the managers of Aldi, the employees only need to follow the defined procedures. There are a clear hierarchy among the employees. The employees have low-involvement employment relationship. This culture of Aldi can shorten the time of decision making as the decisions are only made by managers. In addition, there will lead to a quick reaction to the society changes for example the organic products cooperate to the health trend nowadays. 5.0 Conclusion In conclusion, the performance of a supermarket can be influenced by many factors, and most of the factors cannot be anticipated especially the economic factors, for instance the unemployment rate and inflation rate. For the social factors, the recent trend will affect the products sold by supermarket, for example the organic line of Aldi. And the technological factors, technology is able to improve the efficiency of the supermarket as most of the tasks in a supermarket are simple and repeating. The strategies used by Aldi are eliminating waste to reduce the cost of production in order to offer the lowest price to the customers. For example the approaches used in the supply chain, staffs and the opening hours. All of these help Aldi to achieve its goal. Next, Aldi is operating in rational goal model as Aldi has a clear goal, emphasis on the productivity and efficiency. In addition, the culture of Aldi, systematic working methods is helping Aldi to further achieve its strategies. Reference list 1. Boddy, D. and Paton, S.(2002) Management an Introduction. 5th edn. Harlow: Pearson Education Limited 2002, 2011 2. Barnat, R. (no date) Strategic Management: Formulation and Implementation Available at: http://www.strategic-control.24xls.com/en125 (Accessed: 16 January 2014) 3. Cost Leadership Strategy (no date) Available at: http://www.ecofine.com/strategy/cost%20leadership.htm (Accessed: 16 Jaunary 2014) 4. UK Unemployment (no date) Available at: http://www.hrmguide.co.uk/jobmarket/unemployment.htm (Accessed: 15 January 2014) 5. Competitive advantage through efficiency (2013) Available at: www.thetimes100.co.uk (Accessed: 8 Jaunary 2014) 6. Prescott, R. (2013) The top 9 UK supermarkets in 2013 Available at: http://www.foodbev.com/news/the-top-9-uk-supermarkets#.UuBk9XmJMUt (Accessed: 12 January 2014) 7. Supermarkets in the UK: Market Research (2013) Available at: http://www.ibisworld.co.uk/market-research/supermarkets.html (Accessed: 12 January 2014) 8. Vizard, S. (2014) ââ¬ËSainsburyââ¬â¢s Christmas marketing buzz fails to translate into salesââ¬â¢ Available at: http://www.marketingweek.co.uk (Accessed: 11 January 2014) 9. Gough, R. (2013) INTO UEA Diploma Business Lecture Notes, Autumn 2013 10. Aldi Homepage (no date) Available at: https://www.aldi.co.uk (Accessed: 3 January 2014)
Sunday, July 21, 2019
The difference of being a social worker
The difference of being a social worker What is the difference between helping service users and being a professional Social Worker? Social work in UK has been a regulated profession since 2005 and the title Social worker is protected by its regulatory body (GSCC) that entitles only those professionally qualified to use this term to describe themselves. Social work professionals are held accountable to the law, their employers, service users and to the GSCC code of ethics. They are guided by principles which make up an ethical framework these can sometimes prevent a social worker to do what service users may see as helping. More than helping, social work is seen as enabling people to resolve their problems. Therefore, working with them to develop skills required to overcome the problem, rather than providing a quick fix. The skills of empowerment, advocacy and user involvement are needed in professional practice so the social worker would be able to exercise their duty in line with the professional code of practice and conduct. This would help to limit bad practices while also promoting moral and job satisfaction. Firstly, this essay will give a brief definition of what is social work; it will then go on to examine the key principles in social work practice. The role of a social worker, their responsibilities and the ethical framework will be described in some detail. It will then conclude with an examination on the significance in working in partnership. Lastly, I will look into the issues of diversity along with AOP and ADP. Finally, this essay will look on the significance of service user and carer experiences and perspectives along with a brief conclusion. Social work is defined by the International Federation of Social Workers (IFSW) as a profession that promotes social change, problem solving in human relationships and the empowerment and liberation of people to enhance well-being. Utilising theories of human behaviour and social systems, social work intervenes at the points where people interact with their environments. Principles of human rights and social justice are fundamental to social work (IFSW, 2000). This definition of Social work shows that the duties of social work practitioners are linked with principles of empowerment, human right and social justice. Social works main duty is to enable all people to develop their full potential, enrich their lives, and prevent dysfunction (IFSW, 2000). They will act as advocates on behalf of the people they serve and their duty is focused on problem solving also bringing about change. Social work is an interrelated system of values, theory and practice (IFSW, 2000). Social work is also a form of social control, this because it involves promoting and protecting the welfare of not only the individual but also the wider community this dual responsibility often causes conflicts and tensions, (Thompson, 2009, p.3). Social workers come to contact with individuals from many different backgrounds. Their aim is to help people overcome difficulties and live a successful life, while there are times where practitioners are there to support people in accepting a situation that cannot be changed (e.g. terminal illness, etc.). What differs social work from other professionals is the complexity and the variety of the roles in which they are involved. The need to involve service users wherever possible and working closely with other professionals is required by a number of legislations, this makes the practice in a way easier, as it rules out misunderstandings or the possibility of missing out on important information. Individuals and other professionals involved in the process of working in partnership have to be involved during each stage of intervention. Partnership working is seen as a highly skilled activity, it requires the ability to communicate and engage, assess and plan, to be sensitive and observant, and so on, (Thompson, 2009, p.118). Social work practitioners are expected to take regular training in order to expand their knowledge as the result of continuous developments in policies, theories etc. Social work is an evolving profession, constantly responding to new policy aspirations, expanding knowledge and rising public aspirations. (GSCC, 2008, p.10). Trevithick (2009) categirizes knowledge under three headings that overlap and are linked together: Theoretical borrowed theories, analyse theories (purpose of SW), practice theories/approaches Factual law/legislation, social policy, etc. Practice/practical/personal acquisitioned, used, created knowledge. Trevithick (2009, p.25-43). The advantage of this framework would be that it gives directions where there is a need to further expand your knowledge. Social work profession requires a breadth and in depth knowledge base, however, the knowledge base of the caring profession is not appreciated by the general public .. partly due to the assumptions about the caring professionals being common sense and requiring little or no specialist knowledge or skills, (Thompson, 2009, p.11) Social work professionals are guided by a set of values and a Code of Practice. Practice ethics are based on these values which aim to inform social workers intervention with service users. The code of practice set up by the general social care council (GSCC) offers an ethical framework to its practitioners, this aims to maintain a standard of conduct for both employers and employees. The social work code of conduct is designed to serve social workers when practicing their profession, it contains ethical principles which will underpin the approach taken in practice. The professional code of conduct serves many different functions such as; guidance, regulation, discipline, protection, information, proclamation, negotiation, (Values and ethics in practice, p.127). It is very helpful to social workers as it offers guidelines as to what is expected from them as professionals. Social workers have to be familiar with their value base and abide to them in day to day work. They have to put into practice the understanding of the values when practicing their profession. Ethical awareness is an essential part of the social work practices, a social workers ability to act ethically is vital when aiming to provide a high standard of services. The code of conduct, ideally, offers the prospect, tantalizing if theoretical, of resolving value and ethical issues in social work (Adams et al. 2009, p.37). The day to day practice and the uncertainty which social workers can sometimes face would carry ethical dilemmas which will challenge their practice, ethical dilemmas occur when the social worker has a choice between two different courses of action that can be both morally right but only one choice can be made, or when either course of action if chosen, would lead to the compromise of values or principles, (Purtilo, 1993), (Values and ethics in practice, p.117 ). Ethics and values can also intersect when values or moral principles are in conflict, which poses a challenge about what to do, then an ethical problem has occurred, (Purtilo, 1993),'(Values and ethics in practice, p.117 ). The traditional values developed by Biestek (1961), outlined the principles which formed the fundamentals of the social work practice. These principles were made up of seven points and act as an underlying framework to intervention with service users. Individualisation; Non-judgmental attitude; Acceptance; Purposeful expression of feelings; Controlled emotional involvement; User self-determination; Confidentiality. (Crawford and Walke, 2008, p.6) These principles are essential to social work practice as they comply with what social work stands for, human right and social justice. Individuality for example gives the right to the service users to be free from bias and prejudice, therefore the social worker should avoid labels and stereotyping. Non-judgmental attitude would assure the situations are examined without bias, requiring social workers to avoid personal feelings and prejudices. Acceptance implies the expression of genuine concern, acknowledging the service users point of view, mutual respect, etc. Social workers have to give the opportunity to service users to purposefully express their feelings. In this way they will feel empowered and respected. Controlled emotional involvement requires the social worker to express their feelings but however in a controlled way, they should not come across as cold or disinterested this should be guided by knowledge and purpose, at the same time avoiding to over identify with the ser vice user. Self determination is a principle that places importance in recognising the service users rights and needs to autonomy, right of decision making and the right of choice. Confidentiality is a right that service users are entitled to; this implies that consent must be taken from the service users before the information can be disclosed, unless there is a situation where other people may be at risk. In social work there is a wide variety of theories and methods that help social workers intervene, the theory or method chosen will influence the language used and will shape the relationship between the social worker and service user. Language is the wealth of communication, it can open or close doors but also it can influence actions. Language plays a big part of power relations that have to be unpacked and understood for empowerment to occur, (Dominelli, 2002) (Adams et al. 2009, p.175). Being a good communicator is essential to social work practice as communications skills are essential to building a relationship and also interviewing. Lishman (1994) identifies four types of communicating: symbolic, verbal, nonverbal and written, any type of communication is essential to all professional practices therefore social workers have to simultaneously ask good questions, listen actively, convey information, exercise scepticism and reflect on interaction, Adams et al (2009, p.176-178). Social work professionals are expected to work in partnership with people to find the solutions and achieve the outcomes they want, and to collaborate with other agencies and disciplines to ensure support is delivered in a coordinated way. (GSCC, 2008, p.6) One of the principles in building an effective relationship will be honesty (e.g. explaining the reason for intervention). Exercising mutual respect should be another fundamental principle in relationship building, keeping appointments or being on time is a very simple example but however very important. Respect should be exercised even in a case of different personal values as social workers are not there to judge but to help. Consistency is another principle that the service users appreciate, as it shows concern about their situation and understanding. Ethical behavior is essential, because as a social worker there is the duty to respect the code of conduct that social work abides to. Explaining issues that might arise during the intervention and making things clear before work is commenced can rule out later misunderstandings. All these principles will contribute to underpin the trust aspect of the relationship and make the intervention more effective. Social workers always try to involve service users as much as possible in every aspect of their intervention, however, this is not always possible. There are times where social workers are requested to reach decisions and make judgments so that they can protect vulnerable people or in order to implement control. Social workers have legal powers which they would exercise to protect vulnerable people who may be at risk, this however may sometimes conflict with what other people involved wish for. Anti-oppressive practice is a frame work that aims to incorporate the social work value base, it is a response to the continual lobbying by the oppressed individuals. Professionals providing anti-oppressive services redefine professionalism within an open power sharing framework and precise human rights-based value systems. Practicing equality involves practitioners in valuing difference in life-styles and identity instead of demanding uniformity (Adams et al. 2009, p.55). Power imbalance is an important issue that should be addressed when working in an anti-oppressive way. The power that the social worker holds can be used both ways, constructively aiming to empower the service user, but also social workers can abuse this power therefore reinforcing the power imbalance and oppression. However there is always the risk of being oppressive even though not intentionally, e.g. Through naivety or ignorance, reinforcing stereotypes, inappropriate language, using power inappropriately and by acting as an expert, Thompson (2009, p.158-159). Social workers are involved in many complex interactions, we have to recognize the potential for social work to do harm as well as good (Thompson, 2009, p.80). When looking at how inequalities and oppression manifest themselves, the PCS (Thompson, 1996) would be helpful. Service user and carer involvement and participation can be challenging and also rewarding. However it is very valuable to social work practice, service users and carers can get involved in their own package of services or in a strategic planning and service development. Users views of the quality of services and their participation in providing regular feedback on all aspects of social work are therefore an essential part of good practice,(Warren, 2009, p.15). Service users and carers perspectives on services provided, have been sought by many researches for and also evaluators. However, in the recent years there has been a distribution of power which has resulted in the participation of the service users but also giving them the power to drive the research project. In conclusion, social work is a challenging profession which continually challenges the boundaries of its practitioners, whether on a personal, cultural or professional level. Ethics, morals and values are all essential parts of the profession practice. Social workers have to practice in e reflective way, while recognizing diversities which they come across in a daily basis. A social work practice that takes no account of existing inequalities runs the risk of: failing to recognize important factors in someones live, causing tension, reinforcing the negative effects of discrimination (Thompson, 2009, p.26). Word Count: 2 217 Bibliography References Adams, R., Domilelli, L., Payne, M., (2009), Critical Practice In Social Work, 2rd edition, Palgrave Macmillan. Adams, R., Domilelli, L., Payne, M., (2009), Social Work: Themes, Issues and Critical Debates, 3rd edition, Palgrave Macmillan. BASW (1996) The Code of Ethics for Social Work, (www.basw.co.uk accessed: 09/04/2010) Crawford, K., Walke, J., (2008), Social Work with Older People, 2nd Edition, Learning Matters. Eby, M., Gallagher, A., Values and Ethics in Practice, Chapter 7, (Course material). http://www.ifsw.org/f38000138.html (accessed: 12/04/2010) Thompson, N., (2009), Understanding Social Work, 3rd Edition, Palgrave Macmillan. Trevithick, P., (2009), Social Work Skills a practice handbook, 2nd Edition, Open University Press. Warren, J., (2009), Service User and Carer Participation in Social Work, Learning Matters.
Saturday, July 20, 2019
The Immigration of Jewish people in USSR Essay -- Politics, Mikhail G
ITRODUCTION The Immigration of Jewish people in USSR under Mikhail Gorbachev administration is generally considered as a response to huge demand of Jews who desperately wanted to leave Soviet Union, and a state policy towards ethnic minority issues. Historically speaking, anti Semitism was rooted for centuries in Russia. Jews had been prosecuting since Czarist Russia, and most recently the prosecution reached peak under Stalin administration. People would think that it was the long existing hostile atmosphere towards Jewish people that primarily led their migration out of USSR. Yet it is a more complicated picture. When Gorbachev came to power as the secretary of general of the Party in 1985, Soviet immigration policy was, to significant extent, adjusted based on Soviet bleak economic conditions and diplomatic relationships with United States and Israel. The transition was not merely a compromise under the pressure of Western powers but also an attempt to reverse economic deterioration such as high unemployment. In the thesis, I shall discuss the outstanding reasons that behind immigration policy transition under Gorbachev administration as well as the consequences and implications. PART I: the Reasons The immigration transition made by Gorbachev administration could be divided into two periods. The first period is from 1985 to 1986, when Gorbachev initiated radical reform known as perestroika, which literally means reconstruction. The stagnating Soviet economy and chilling relationship with the US led him to adopt the concept of glasnost and ââ¬Å"New Thinkingâ⬠, which can be translated as a series of promotions of openness and liberty in public affairs and flexibility in foreign policies. The decree of Council of Ministers... ...s to migrate to Israel, since costs of accommodation in Israel was much lower than that in America. Despite all that negative consequences, Soviet Jews still brought bright outlook worldwide. From economic perspective, Soviet Jews migrated from Soviet Union where workers were low productive to countries where worker were more productive. Thus, Jewish migration increased production efficiency and living standards on the global scale, as well as individual level of their own. One example would be Jewish immigrants in Israel and United States, where their contributions to economic and social developments exceeded negative impacts like ethnic conflicts and welfare pressure. More importantly, on humanity base, the transition enabled Jews to pursue prosperity and liberty, as well as to fulfill their desires in culture, religion, and politics in the new promising lands.
Rites of Passage in Australia :: essays research papers
Rituals act as signposts to assist us in recognizing the importance of particular passages in our lives. In an Australian context, the passage from childhood to adulthood is less formal, however, it mirrors the common structures found in rites of passage and ceremonial initiations in most cultures. The transition from secondary to tertiary education, a progression from one liminal space to another, is a process which also has structuralized social conventions; the rituals of high school graduation, the transitory period of liminality, the assimilation into university society. Societyââ¬â¢s formal rituals serve to signpost the individual through the transitory process and to recognize the possible stressors associated with this period; to provide a path through the liminal state. The final year of secondary education, a period of life with mutual experiences for all graduates, is accompanied by a level of comradeship and recognition of common ambiguity of social role. All ââ¬Ënonliminal distinctions disappear[ed]ââ¬â¢ (Schultz & Lavenda, 2005, p.167) as we were unified by the common rite of passage we were undertaking. Arnold Van Gennep (1960) noted that any movement within the social structure involves a temporary separation from the individualââ¬â¢s role in that society (Schultz & Lavenda, 2005, p167). In !Kung culture, the formalized separation during the male initiation ceremony of Choma, demonstrates the structure found universally in most rituals of social movement, as well as the necessity for a period of separation from social role (Shostak 2002, p.215). Separation from the social position of boys under the authority of the academic institution, was a process principally marked by liberation from the restraints and regulations of high school life, and an introduction to the responsibilities of manhood. The ritual of the graduation ceremony symbolizes this comradeship through the celebration of the ââ¬Ëessential and genetic human bond[s]ââ¬â¢ (Turner 1969, p.97). This bond was the social transition common to all graduates, and provided personal comfort in the knowledge that this process was natural and therefore, nobody was alone on that path to adulthood. The period of time after graduation, and the rituals associated with that time result from the liminal state of social responsibility experienced by most after graduating; lack of social role, lack of structure and potential danger are all aspects of this phase. Australian culture has labeled this group high-school ââ¬ËLeaversââ¬â¢, as many behavioral traits are common to this entire group. As a ââ¬ËLeaverââ¬â¢, ritualized behaviors are associated with the individual using ritual and communitas to cope with a new paradox; freedom and liberation from previous social restraints brings greater social expectation and responsibility.
Friday, July 19, 2019
The Abortion Dispute Essay -- Pregnancy Ethics Essays
The Abortion Question The morality of induced abortion is one of the most controversial moral issues of our time. Abortion has grown to be one, if no the most, debated argument of modern times. In the following web-page, we will be discussing abortion in three of its major aspects: Public Opinion, Congress and Courts, and Interest groups. Abortion is the ending of a pregnancy before birth, resulting in the death of the embryo or fetus. Abortion is an issue in which most people have an opinion on. Whether it is pro-life or pro-choice, most opinions do reflect the individual and their personal opinions in life. As will be discussed further on, there is a great dividend in the population concerning their sides in this matter. Both the Legislative and Judiciary branches of government have played an important role in the history and present time on this issue. Policies and other actions have been taken throughout legislature to either prevent or encourage abortion. Interest Groups have also played an important role in influencing legislature with their votes. Today, there exist a great number of both pro-life and pro-choice activist groups who try to change policies reflecting their opinions. For more general information regarding abortion:On Abortion: A Lincolnian Position Public Opinion Abortion is an issue, both politically and socially, that has been debated and discussed throughout a number of decades. The disagreement have lead to a number of policies, and other causes of action. Abortion has become such an important dilemna, that some people find it as a major contributor in their political ideologies and preferences. Public opinion, therefore, is the root to many of these changes and ideas of thinking. Publ... ... Supreme Court usurp the legislative role of the government? Are the privacy rights created by Roe V. Wade in the Bill of Rights? One thing is certain. Although this ruling was made 25 years ago, the legacy of Roe V. Wade is stronger today than ever before. Supreme Court Decisions Concerning Reproductive Rights: NARAL Factsheets Bibliography Janda. Berry. Goldman. The Challenge of Democracy. Houghton Mifflin Company. Boston. New york. Fifth Ed. Mitchell, Alison. Both Sides Rally to Mark Abortion Ruling." The New York Times 23 January 1998: 19. Rodame, Hyman. Betty Sarvis. Joy Walker Bonar. The Abortion Question. Columbia University Press, New York 1987 Seelye, Katharine. " Advocates of Abortion Rights Report a Rise in Restrictions". The New York Times 15 Jan. 1998:16. Singer, Peter. Rethinking Life And Death. St. Martin's Griffin, New York.
Thursday, July 18, 2019
Moni Lisa Smile Andralogical Model
Movie ââ¬Å"Moni Lisa Smilesâ⬠Related to Andragogical Style of Teaching The movie begins with Katherine Watson (Julia Roberts), in 1953, accepting an art history teaching position at the prestigious New England school for women. She is a liberal and a feminist who was inspired to come to Wellesley to ââ¬Å"make a differenceâ⬠. After a semester of teaching a progressive, less traditional teaching style, she is given conditions by the alumni that, if she is to stay at Wellesley, she will teach the outlined syllabus and submit her lessons plans for prior approval.This demonstrated the hard core traditional style view that governed Wellesleyââ¬â¢s educators. The students were expected to memorize the textbook. The administrator made the statement, ââ¬Å"You didnââ¬â¢t come to Wellesley to help people find their way; you came to help people find your way. â⬠To compare the behavior of the students in the film, Iââ¬â¢ll start on the first day of class; the stude nts embarrass Ms. Watson, the teacher, in front of the class evaluator by knowing everything she had prepared. The character, or teacher, seemed to demonstrate two different educational or behavioral positions.At the end of the movie, you find numerous assumptions of the andragogical model. Ms. Watson appeared as a feminist who refused to fall under the traditional educational objectives or educational theories. Therefore, she changes her educational model or theory to the andragogical style of teaching. This was a change from the beginning of the movie when she first entered the classroom with the traditional power point. Thus according to Knowles (2011), she originally followed the pedagogical model. This model is clearly defined in The Adult Learner written by Knowles, Holton, and Swanson, 2011.It explains the pedagogical model assigns the teacher full responsibility for making all decisions about what will be learned, how it will be learned, when it will be learned, and if it ha s to be learned (2011, p. 60). This is the style of teaching the administrative staff at Wellesley believed to be the best. Historically this model has been found to be less effective than the andragogical style for adult learners who have specific educational needs. The assumption that the andragogical model is based on includes: (Knowles, 2011 p. 63-67) Principals of teaching ðŸ⢠Knowles, 2011 p. 63-67) . The learnerââ¬â¢s need to know. -The first task of Watson was to help the students become aware of the need to know by making or demonstrating an intellectual case for the value of learning by giving them the potential tools, thus improving the quality of their lives. As an educator her goal was to help them discover the gaps between where they were and where they wanted to be. She demonstrated that there is much more to art that memorizing a textbook. This was demonstrated best in the movie when she talked to Joan about pursuing law school and seeking a career. 2. The l earnerââ¬â¢s self-concept. Educator Watson was fully aware the girls had arrived at the self-concept that they were more than capable of reading the book and memorizing the information as they had been previously taught in the past. Educator Watson was approached with resentment and resistance by the girls demonstrating they had previously read the text. The attitude was, ââ¬Å"We know this so just let us go out in smoke and socialize. â⬠Watson was on top of the situation by coming to the second class introducing new thought stimulating ideas; she utilized a power point presentation that included a picture of Soutineââ¬â¢s ââ¬Å"Carcass. She presented several other power points of art not found in the text and challenged the students to transition from being dependent learners, to think outside the box, transitioning and becoming self-directing learners. She also challenged them to become more than the traditional art students. Katherine tries to get the students to ex plore ideas by a metaphorical demonstration in the paint-by-numbers of the Van Gough painting ââ¬ËSunflowersââ¬â¢, in which the whole class in this scene paints their own painting individually. 3. The role of the learnerââ¬â¢s experiences. Educator Watson took teaching to another level by utilizing different learning strategies. She loved group discussions, problem solving and simulation exercises. She taught the importance of art related to individual expression and the students demonstrated their knowledge of this by each painting their own sunflower portrait. This was a demonstration of the role of the learnerââ¬â¢s experience. With this example, she opened their minds to new approaches, encouraged expression of values, sensitivity training, and mediation through self-expression of art.She took them to her place where she had a collection of various artists that included modern to historical portraits. 4. The readiness to learn. -Ms. Watsonââ¬â¢s new andragogical a pproach and thought provoking ideas stimulated a readiness to learn that changed from the original attitude in the first class. The girls with high expectations and obvious intellectual history became excited and ready to learn. The new approaches used by Watson changed the attitude toward the non-ivy league teacher. She encouraged them to use their experiences and valued their ideas and accepted them as people. . The orientation to learning. -Watsonââ¬â¢s education style included real-life situations, and she taught them how art could help them to deal with problems. She used her personal history and collection to explain the importance of expression. She challenged their minds to analyze paintings and to paint for pleasure and therapeutic and social interactions. Watson wins them over when she introduces paintings not in the text, encouraging thought provoking ideas that really stimulated the minds of these students. . The motivation to learn. -Watson was an excellent motivator in the film. She never let the girls think for once that just memorization of a book was acceptable. She encouraged learning to go above the ideas of tradition. (Again; with the example of Soutineââ¬â¢s ââ¬Å"Carcassâ⬠and moreâ⬠¦) She motivated them to keep learning and encouraged them to be career oriented. Several times she told the students that they could be the housewife of their dreams, but to look at further education to fulfill their career dreams.When you look at the movie and the leading students, you realize at first they refuse to go along with the free thinking ideas and they think the textbook contains everything they need to know. Katherine is appalled at the fact that they actually think of their education as a way to pass their time until they are married. The behavior of three main students include: Giselle Levy (Maggie Gyllenhaal), the student that in the beginning of the movie abruptly spoke out and said, ââ¬Å"Weââ¬â¢re a far cry from Oakland, â⬠in a snotty tone. She appeared to represent the class attitude.She appears to also be the most self-destructive of the students and does not seem to confront Watsonââ¬â¢s ideas like the other two. She displayed a characteristic most would look at as being promiscuous; the film displayed her behavior as being the most feminist and she was exhibited as a student who liked to control men with her body, leading you to believe she traded sex for favors and sometimes just plain fun. The second student, Elizabeth (ââ¬ËBettyââ¬â¢) Warren (Kirsten Dunst), whose mother is the head of the alumni, heads up the editorials for the school newspaper.Her viscous description of Ms. Watsonââ¬â¢s roommate gets her fired. She is a malicious gossip that utilized her editorials like a knife to publicly downgrade others and doesnââ¬â¢t agree with Watsonââ¬â¢s feminist ideas. This conflict of ideas is presented during the movie; they had many heated discussions. Betty strongly beli eved in the popular cultural idea that the womanââ¬â¢s place was in the home. Wellesley College, a prestigious New England womenââ¬â¢s school, expected you to memorize course contents much like the pedagogical model or theory of adult model of learning.The women of that day attended prestigious schools expecting to prepare to become superb mothers, with the ultimate goal to take care of their husbands, only the elite males, and be home to care for the children. The third actor is Joan Brandwyn (Julia Stiles), who appears to be very open to the suggestion of Watson to pursue her dreams of attending law school. She struggles with the societal expectations of a woman in the 1950ââ¬â¢s, to marry and have children, which were glorified as the ultimate prestigious goal.She is actually given a C on an assignment and goes to visit Ms. Watson when she is asked, ââ¬Å"What is your plan after graduating? â⬠ââ¬Å"Just for fun,â⬠questioned Watson, ââ¬Å"if you could go to any law school in the country, which school would it be? â⬠Joan told her Yale and explained Yale leaves five slots open for women and one of those five slots is for a Wellesley girl. Watson gets her an application, which she submits, and to her amazement she is accepted. She makes the decision in the movie to get married, and Ms.Watson continues to educate her that she can do both and ultimately gives her a plan on how she can be married and go to school. Watson pushes her students not to settle for the lifestyle of a housewife, but have career oriented goals. To analyze the role of the teacher promoting the conditions of learning, according to Knowles, is to look at the learning environment, not only the physical environment, but the mutual trust, respect, helpfulness, including freedom of expression and the acceptance of differences (2011, p. 92-93).The students must perceive the goals of the learning experience as their own goals. Educator Watson developed mutual trust and respect with the students. She demonstrated this in the movie when they decided they wanted her to be included in a social event. At the girlsââ¬â¢ social, she was encouraged to drink alcoholic beverages and answer personal questions about her private affairs with men. She was open, honest and interacted with them, building a trust and demonstrating and expressing her commitment to teaching ââ¬Å"to make a differenceâ⬠.She again encouraged education to be a career building tool and iterated the goals of learning needed to be their career goals. She encouraged planning and commitment toward these goals in the movie, especially in one example where she actually got an application for Betty to Yale law school. According to our text, in review of the theories applied, Malcolm Knowles first introduced the andragogy concept or theory as an honest attempt to focus on the learner (2011 p. 2). The strength of andragogy is the fact that its six core adult learning principles can app ly to all learning situations (2011 p. ). It is a transactional model that enables those designing and conducting learning to build more effective learning processes (Knowles, 2011 p. 2). Knowles iterates the andragogy concept, when applied properly, will do everything possible to ensure the learner takes part in their learning process. This theory is best for the adult learner as their needs and capacity to learn are fully developed. We can utilize our experience and the fact that we have become responsible workers and learners.The pedagogical model assigns to the teacher the full responsibility for making all decision about what will be learned, how, and when it will be learned (Knowles 2011 p. 60). This model leaves to the learner the submissive role of following instructions and memorization. The characteristics of the prestigious Wellesley College for woman in 1953 included a satirical review of stuffy attitudes of the alumni and administration. They had rigid rules and goals f or the students. At the top of the list was getting married and college was just a place to go until that happened.Furthermore, Katherine Watson, a feminist teacher from California, whose unconventional adult teaching style was acquired from Berkeley, was shocked to learn that students viewed their education as a prerequisite for getting married. The progressive thinking taught in California was not accepted well by the staff at Wellesley. The new teachersââ¬â¢ class is hit and the studentsââ¬â¢ enrollment in her class increased, but the strict rules and guidelines put in place by Wellesley were not easy to swallow by Katherine who came to ââ¬Å"make a difference. â⬠It was obvious the institution and the educator were in conflict.At the close of the movie, Katherine decides to leave and go to Europe. Betty dedicates an editorial to her teacher claiming that Katherine is ââ¬Å"an extraordinary woman who lived by example and compelled us all to see the world through new eyes. â⬠As the movie ends, the students follow the taxi Katherine is in on their bicycles. Betty seems to be struggling and peddling the hardest as if to thank her for changing her life. If I was in the educational environment in the movie, I would promote learning by utilizing the framework of the six principals displayed by Knowles.The first step in acceptance of administration is to make them an active part of decision making when her new syllabus was created. As the teacher, I would empower administration with Knowles ideas and let them see my new ideas through his ideas and history. They certainly seem to feel that they must have the upper hand and make decisions and this would give the control feature they appear to need. Historically Knowles has proven himself. In the 1950ââ¬â¢s he was the Executive Director of the Adult Education Association of the United States of America (Smith, 2002 p. 1-13).He had already published his first textbook that was a guide for educato rs and this textbook was followed by many more. If administration wanted to stay the prestigious college of the nation, they would realize it was time for change. According to the article by Smith, Knowles was responsible for a number of important ââ¬Ëfirstsââ¬â¢; he was the first to chart the rise of the adult education movement in the United States, the first to develop a statement of informal adult education practice, the first to develop a statement of informal adult education practice, and the first to attempt a comprehensive theory of adult education via the notion of andragogy) (Jarvis, 1987 p. 185). I firmly believe the administrative staff may need some education and redirection. After all, they are one of the most prestigious schools in the nation. I cannot see administration accepting to follow a less than the best for their girls, wives and future mothers. I am sure it would take patience and persistence. But if you look at the principles listed above and included the administration and persistently made them aware of the need to change to keep up with the ââ¬Ëeducational political hierarchyââ¬â¢ you would slowly ââ¬Ëmake a differenceââ¬â¢.Empowerment often promotes change and Knowles was the leader in adult education of the 1950ââ¬â¢s. When you review this film and similar films, it helps you comprehend the contemporary and historic constraints imposed on teachers and the contexts of dealing with alumni and administration. I had never really thought about the politics and social involvement of schools and teachers in the past and I can see what a dilemma it could create. I loved the movie and watched it more than once. I plan to purchase it to use for future educational reference.I can see that schools are sites of politics and culture, but as educators we must provoke the expression of studentsââ¬â¢ future identities and possibilities. References Knowles, M. S. , Holton, E. F. , & Swanson, R. A. , (2011). The adult learner . (7th ed. ). Amsterdam: Elsevier Inc. (Part I, Chapters 1-6). Smith, M. K. (2002) Malcolm Knowles, informal adult education, self-direction and andragogyââ¬â¢, The encyclopedia of informal education, Retrieved from: www. infed. org/thinkers/et-knowl. htm. Image Source Page: http://web. utk. edu/~start6/knowles/malcolm_knowles. html
Wednesday, July 17, 2019
Cyber Law: Its Implementation in Nepal
question marri ripen offer on A COMPARATIVE proffer FOR TRIAL BY JURY IN NEPALI LEGAL SYSTEM Submitted to BA/LLB Programme Nepal honor Campus Faculty of impartiality Tribhuvan Univer baby-sity Submitted by SauravNath Pant BA/LLB, third Year Roll No. 13 Section A March 3, 2013 1. 1 Introduction I micturate devastationlessly been a firm believer in tryout by gore. Somehow it is inborn in me. As it is in around incline hands. It is a lesson which has been handed d knowledge from unmatchable gene proportionalityn to a nonher during the last 800 days.The trial by control panel a usance held dear to the British is a discriminatory proceeding in which a venire either makes a decision or, makes visualiseings of stratum which atomic number 18 and then applied by a think. It usu solelyy comprises of 12 hands. The board dodge is a organisation veritable in the cat valium Law, interpreted as its integral part which earthly c erstrndates that No alleviate val et shall be captured and or, imprisoned or, disseised of his freehold and or, exiled, or in either guidance destroyed, nor testament we proceed against him by force or proceed against him by arms, just by the constabularyful judgement of his peers. The instrument panel strategy of regularisations brush off be traced back upto the classical and the roman era.The Greeks were succeeded by the Romans while the Roman Empire collapsed. just it is largely the British corpse that has embodied the control board carcass and pissed it as a usance of the crude Law carcass. top executive William the vanquisher found the Norman Dynasty in England by his conquest of England in 1066. The instrument panel arranging was introduced by a Norman force in England. One day the King was watching the nicety deliin truth process, and sight that a single judge could not al guidances impart fair jurist. and so he observed that twelve laymen could curb better evaluator than a ju dge.As a result he asked his advisors to mollify a jury of 12 population on with a judge to settle the disputes filed at the court of jural philosophy. The Magna Carta of 1215 further secured trial by jury stating that, * For a trivial offence, a free man shall be fined exclusively in pro wad to the degree of his offence, and for a serious offence correspondingly, plainly not so heavily as to un plate him of his livelihood. In the same way, a merchandiser shall be sp atomic number 18d his merchandise, and a husbandman the implements of his husbandry, if they pin upon the mercy of a royal court.None of these fines shall be imposed except by the sound judgment on oath of reputable men of the neighbourhood. * Earls and barons shall be fined only by their compeers, and in proportion to the gravity of their offence. * To each man whom we train deprived or homeless of lands, castles, liberties, or rights, without the lawful judgement of his equals, we result at erstwhile restore these. * If we arrest deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them.A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall do us and ours in the same way. It has already been bring upd that the accounting of control panel formation covers over a season period of 800 geezerhood. During that period the board trunk real, and changed with clock solely never discarded. Some instances of its course of ontogeny is siren below 1. The Principle of satisfying This principle was foundered in 1367 and it lasted for 600 old age until 1967.In 1967, the parliament altered it. The verdict was held validated if the major(ip)ity was ten to twain. 2. T he jury were unplowed without food, heat or light once they retired to consider their verdict. The time hallowed formulation was, Without meat, drink, fire or movedle 3. at one time only reasonable men (with whatever susceptibilitys) were allowed to sit as juror. Now all people, men or , women, deaf or , blind, honest or, dishonest could sit as jurymen. All who are 18 years of age and are listed to the pick outrs list are qualified as jury men. Yes, in the previous(prenominal) 800 years or, so the instrument panel outline has changed a lot.So much so that master key Denning himself considers nineteenth century to be the golden age of Trial by board. But it is not these changes that have led Lord Blackstone in his lectures in 1758 to course tongue to Trial by jury ever has been, and I reliance ever leave be, determineed upon as the celebrity of the English law. It is the most intuitive privilege which any subject lavatory enjoy, or wish for, that he housenot be af fected either in his property, his liberty, or his person, but by the unanimous concur of twelve of his neighbours and equals It is the display cases distinguishable by the gore and the way in which one man whitethorn be convicted.A person whitethorn only be convicted if his equals (or, in the bounteous sense- the society) draws him to be guilty. Instances have been recorded w here(predicate) the Jury has upheld justice worked for the development of human rights, and notwithstanding acted as an important check against the state power. The cases will be discussed later but a special mention to the case of the Kings Brewer and the 7 Bishops is to be made here. The verdict of the Jury defied the powers of the king and sent the social unit of the democracy into partying.Also the brass brings forth the sense of amply Drama, into the courtroom. Nevertheless, the advantages offered such as bounteous mine run folks their most useful lessons in citizenship, giving the people an active and decisive part in the administration of justice and in establishment of habit of subjection in law are the genuinely reason (along with position of being once ruled by England or, having true ballpark Law) that has led a number of countries equivalent America, Australia, Austria, Belgium, Canada, Greece and so on to have the Jury organization.Our good motherland, Nepal however has not authentic the Jury System everthough interest a more thanover mined form or, in its own way a erratic form of legal system which is sympathizen to be highly dominated by the greens Law System. 1. 2 groundment of job It is a matter of fact that we find in Nepal the large dominance of the Common Law System. Moreover we freighter say that Nepal has get hold ofed the Common Law System at large.The characteristic feature of the Common Law System such as precedent, the role of the judge, the role of the lawyers, the power in the settle to make the law and in addition the powe r in the judge to empathize and enlarge the scope of the law and so on are found in the Neaplese law. They do found the high make for of the Common Law system into the Nepali efficacious System. But one major characteristic trait s coin bank mud to be embodied into the Nepali Legal Systems, i. e, the Jury System. The whimsy to forward the affect of Jury system in Nepal can in like manner be feigne by dint of a little change in the comity.In many countries of continental Europe and japan the belief that a single judge is not a judge has play significant role in fortify the quality of justice, therefore they normally indite the bench of three judges steady at the trial level. At the appellant level hearing by more than half a dozen judges is a usual legal practice. This design of plural adjudication has not been yet accepted in Nepal, exception to the Supreme tribunal and Appellate Court where normally two judges decide the case.At the trial level, till today, the ca se is being decided by one judge, which leads to casing imperfect justice and therefore nigh(prenominal) sort of dis-satisfaction in the people as seen in Nepal. However, here we necessarily do not train to imply that the Jury system as seen in England is necessary but we may say more definitely and dogmaticly, for lesson Japanese did not follow the Jury System but accepted the base of securing assistance from the assistant judges and report card groups. Instead of Jury, the Chinese accepted the invention of People Assessors and Judicial Committees making them answerable to find the truth in the case.Even the Indian courts, on some ocassions, have begun to compose such learn groups and accept the rule of human race participation particularly in the LokAdalat. Public participation is an important thought for the growth in the Judicial culture. hither the Jury will pay a great role to develop public confidence toward justice system. Our system in delivery in justice is f ractional and the in polish off thing could not give complete achievement. thusly, is it not reasonable for Nepal to accept the Jury System?Similarly, the question composition besides breasts to find the answer to whether knowledgeability public participation can cause to solve the dissatisfaction seen towards the Judicial system. In Nepal, we in addition have the business of fetching any notion as an end and not as a means towards an end. The look into publisher will in like manner look to give solution towards how we can establish the Jury System as a means towards an end and thus find solution towards some of the existing problems in the tribunal. It looks to give appriseion towards the form in which we can apply the Jury System in Nepal. 1. Hypothesis History is the past wisdom and a storehouse of knowledge. It eases to actualise the past, the coming up to the present time and in like manner predict for the future. Nepal is a well-situated country as diachronic ly she is very rich. The bring through up of Nepal seems to date back way before the time of Lord Krishna and Mahabharata. We also find the mentioning of Nepal in the Vedas. Nepal may not have the invention as cognize to the world by the name of Jury System. But Nepal acceptedly has the fundamental printing of the Jury System known to her and to the history as the panchayet.The adjudication of dispute by the people themselves was done in the Kirat and Lichhavi period finished Panchalika and Grampanchayat. This concept fundamental to our land had been unconnected and resurrected by King Mahendra in the 2019 B. S. constitution. So, it is not necessary as a exclusively to name the concept next to be introduced in the Judicial System as the Jury System but we can always give the name retaining the portion of history and culture and giving it to some extent the Nepali touch. The concept can be ours and we can always bear the wisdom of Great Britain for practical usage.Hence, basically the merging up of the system into the Judiciary will give rise to our own set of the Jury System. The 2019 B. S. Constitution had established the various level of Panchayat officially. It was taken moreover as an Administrative bole than a judicial one. It had some judicial function. It will only be doing justice to the history if we are to summon once again the local people as Panchayat to participate in the justice administration as a variety of the Jury System. Similarly, while looking towards the notion through the economical standpoint, we are to look at the history of the system in Britain.Its development will certainly give solution to the problem. If we are not to accept the whole developed form and look upon the form in which we can accept, then and only then can we establish the Jury System to serve as a means towards an end. The system should lawsuit the country and be accepted by taking into consideration the conditions prevalent in Nepal. The functioning of the system should also be somewhat which will suit our country. For poser we should be able to decide what to what ratio verdict will convict the accused. Similarly, the qualification should also be made taking into consideration of the people.For example at start instance, all should be qualified but only for the small types of crime. For complex cases of fraud, keen panel should be created or, at least people who can understand should be selected. The internal functioning should be knowing to meet the need. The key complete in the research will be amalgamating impost into the jury, establishing a more need accommodate Jury System taking into consideration the country as a whole and also to find solution to the economic problem that may arise from judge the Jury System.However, initially the research constitution will establish the Jury System as a positive way forward. 1. 4 General and Specific quarry The objective in general of this instruct is to establish the nee d of jury system in the judicial organ of the State and establish it as a positive way forward for the country. The research paper will look to show how this time tested formula will help the people and the State as a whole. At first instance the Jury System looks to work as a check against the State power. But side-by-side it also will be educating the people.The study has the following three specific objectives 1. To study and urge ways by which the jury can be made economically viable. 2. To suggest the way in which the Panchayat concept and the jury system be alter in order to form an Anglo-Nepal crown of thorns Jury System. 3. The research paper will also look to furnish the throw of action such as the mass needed for conviction, the expertise needed to sit as a juror in complex cases and/or, political cases, the way in which prejudices can be removed and so on. 1. 5 Rationale of StudyThe main rationale of the study is the need to break pour down the Jury system its pro s and cons, its obstacle for acceptance in Nepal and possible solutions and the format in which it is to be applied. Similarly, the research paper also looks to analyse how the acceptance will affect the Judiciary, common people and the nation as a whole. 1. 6 Limitations of Study This study is especial(a) to comparative analysis of the pros and cons of the jury system. This study is also limited in the historical analysis of our own variation of the jury system along with economic problem and the form in which the clay is to be moulded i. . , the working analysis of the system. 1. 7 Research Methodology This study is based on doctrinal method of scientific research. Hence the research methods of field survey and principal(a) empirical data gathering are not applied. Rather it is textually driven. 1. 8 boldness of Study For the use of conducting the study on the topic, the Seminar Paper will be separate into five chapters * Chapter 1 deals with the introduction of the jury syst em and the views pertaining to the system. Chapter 2 deals with explaining the necessity of jury system in Nepal * Chapter 3 deals with Nepals own experience in history with a Nepali variation of the system * Chapter 4 deals with problems that may arise if we are to accept the system * Finally, the last Chapter 5 is the concluding chapter which looks to furnish suggestions for the way in which the jury system can be adopted and the problems be countered. 1. 9 writings Review For the purpose of the research, I have gone through the following research works, keeps, constitutions and websites. 1.A research paper by Krishna Prasad Sharma Nepal on Restructuring of the Judiciary in Nepal with special type to Access to Justice. Here the precedent has suggested for restructuring of the judiciary in Nepal, which my work also looks to do. He had not touched upon the issue of jury and my paper looks to do so. 2. Lord Denning, What succeeding(prenominal) in the Law, London Butterworth and Co. (Publishers) Ltd, 1982 In this deem the author had highlighted upon the jury system and its tradition. He has also mentioned some of the cases decided by jury having high content significance.He also has given the development and certain rules pertaining to the jury system. Similarly, he has given suggestions for improvement. This book is the major blood from where the inspiration to write the research paper has been drawn. 3. BishalKhanal, Regeneration of Nepali Law, Kathmandu Bhrikuti Academic Publications, 2000 In this book the author has analysed the development of Nepali law and also has pointed out some problems which have created dissatisfaction among the people in the judiciary. 4.RevatiramanKhanal, NepalkoKanooniItihaskoRooprekha, Kathmandu Appollo equilibrate Press Pvt. Ltd. ,2059 B. S. In this book the complete history of Nepals legal system has been sketched. From this book, I have taken the fact about the historical concept of the Panchayat and come up with th e idea of amalgamation into jury system. 5. Rene David, Major Legal System in the adult male Today, London Stevens and Sons Ltd, 1985 In this book the various major legal systems have been analysed. This book helped me understand some of the major characters of the Common Law System. 6.Constitution of Nepal, 2019 B. S. , has also helped in the research for this is the constitution which has formally accepted the Panchayat notion though in a completely various notion in which I purpose to use it. 7. Some websites have very been helpful, most prominently the Wikipedia and also ones linking the Wikipedia with legitimate materials used in the article. Bibliography 1. Lord Denning, What adjoining in the Law, London Butterworth and Co. (Publishers) Ltd, 1982 2. Bishal Khanal, Regeneration of Nepali Law, Kathmandu Bhrikuti Academic Publications, 2000 3.Revatiraman Khanal, NepalkoKanooniItihaskoRooprekha, Kathmandu Appollo spark off Press Pvt. Ltd. ,2059 B. S. 4. Rene David, Major Le gal System in the World Today, London Stevens and Sons Ltd, 1985 5. Blackstone Commentries Vol. leash 2 . Lord Denning, What Next in the Law, 1982, London Butterworth and Co (Publishers) Ltd, p. 33. 3 . Lysander Spooner in his essay on The Trial by Jury 4 . Samons, Loren J. (2007). The Cambridge companion to the get on of Pericles. Cambridge University Press. pp. 244, 246. ISBN978-0-521-80793-7. ttp//books. google. com/books? id=QAePyZ_Z1WkC&pg=PA244&lpg=PA244&dq=dikastai+501+citizensv=onepage&q=dikastai%20501%20citizens&f=false. 5 . Acilian Law on the Right to Recovery of attribute Officially Extorted, 122 B. C. http//avalon. law. yale. edu/ancient/acilian_law. asp 6 . Rene David, Major Legal Systems in the World Today, 1985, London Stevens and Sons Ltd, p. 311. 7 . BishalKhanal, Regeneration of Nepalese Law, 2000, Kathmandu Bhrikuti Academic Publications, p. 35. 8 . Magna Carta of 1215 http//www. fordham. edu/halsall/source/magnacarta. html 9 .Lord Denning, What Next i n the Law, 1982, London Butterworth and Co (Publishers) Ltd, p. 37. 10 . Ibid, p. 37. 11 . Ibid, p. 62. 12 . Commentries III, p. 379. 13 . Lord Denning, What Next in the Law, 1982, London Butterworth and Co (Publishers) Ltd, pp. 36-52. 14 . Ibid, p. 33. 15 . America has embodied the jury system in its constitution. Their Constitution in 1971 Article VI and VII enshrined the furnish as being handed down to them by the UK. 16 . BishalKhanal, Regeneration of Nepalese Law, 2000, Kathmandu Bhrikuti Academic Publications, p. 38. 17 . Ibid, p. 38. 18 .Ibid, p. 40. 19 . For example We can see the Parliamentary System adopted in Nepal. The exact copy that of the UK. But what we dont wish to understand is that the concept of the system was rooted in 1215 with the subscribe of Magna Carta where we find it was accepted that All men are born free and equal and No taxation without representation. But in Britain the concept gradually developed and from the Glorious Revolution the form came into as a living organism giving the Parliament the sole power. It took a frustrate of more than 400 years. Similarly, also is the case with Political Parties.The wigs and Tories when they were formed, the King himself used to hollo the General concussion and Mass Meeting during the election and ask for the people to vote for Tories who were the supporter of the King. Again one storied example will have to be Cormwells dissolution of the Upper foretoken to kill King Charles I. Theoretically, the Upper residence is a permanent body. They all show any concept is not an end but a means towards achieving an end. 20 . It is known that Nepal at some point of time was ruled by the Gopal Dynasty who came here along with Lord Krishna. 21 . Revati Raman
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