Harts version of legal positivism and Dworkins attack of Harts Essay

Harts version of legal positivism and Dworkins attack of Harts particular version - Essay Example Also associated with positivism is the discretion thesis, which describes the fact of judicial decision as such: when there are gaps left by legal rules (i.e., in the so-called â€Å"hard cases†), judges make new laws in the exercise of their discretion. This emphasis on the part played by judicial discretion when courts have to decide open questions of law runs through positivistic jurisprudence from John Austin to H. L. A. Hart. The positivist discretion thesis has, however, been challenged by theorists like Ronald Dworkin, Rolf Sartorius and others. This paper explores the arguments of both the positivist and non-positivist camps and discusses whether an acceptance of the positivist thesis will cause one to adopt a different outlook with regards to the judicial process in hard cases. Due to space constraints, this paper focuses only on Hart’s version of legal positivism and Dworkin’s attack of Hart’s particular version. These two theorists are chosen be cause of the prominence of the Hart/Dworkin debate. Part II of the paper summarises the ideas of Hart. Part III provides an explanation of Dworkin’s attack on legal positivism. Part IV then moves into an analysis of whether adopting a positivist outlook will make a difference as to how one views the process of adjudicating hard cases.

Preventing and Reducing Youth Crime and Violence

Preventing and Reducing Youth Crime and Violence The assay aggregation accepted assorted approaches to adolescence violence. We tend to accepted assorted theories in sociology, psychology, human development, and accessible health, and frameworks for the way professionals and agents in those fields access adolescence abandon as a drag. These frameworks advise the goals and methods in every fields programming and acknowledgment to adolescence violence (Dahlberg, 1998). As an example, if the basis relies during a bent abettor model, again programs would possibly specialize in rehabilitation or penalization of youth. If the framework sees adolescence abandon as unhealthiness, like about health, again means would possibly actualize education, treatment, and bar. The Adolescence Abandon Systems Project has called the amusing ecological approach as our basal framework for this Adolescence Abandon Systems Project Model (Dahlberg, 1998). Bars, clubs and more broad nightlife facts or conditions (that surround someone) are a significant part of the time the scenes of evil violence between young people. Such youth harshness is often related to the use of alcohol; alcohol is a key risk changeable for both misused people and guilty parties of youth unpleasantness yet in like manner an important bit of nightlife (community of people/all good people in the world) in different countries (Dahlberg, 1998). Youth wildness in nightlife can have destroying hits/effects on the quality of young people more than that puts huge inconveniences on more far reaching (community of people/all good people in the world) (Dahlberg, 1998). The Violence Prevention Friendly partnership Working Group on Youth Violence and alcohol has set up to allow children to come receive guidance all over the world and intelligence around the world on prevention of liquor and other related youth violence in the gangs settings. The amount of the issue; the danger basics for exploited people and offenders; the effects; and avoidance ration (Dahlberg, 1998). The reason for this Request for Applications is to give power to creative research for youth violence action, treatment, management (bus, car, train, etc.) and upkeep of conduct change. This RFA requests exploratory/formative research applications investigating the interpretation of thoughts from extremely important behavioral and social science into novel mediations for children and youth showing or at danger for strong (and scary) conduct(Mercy, Butchart,, Farrington,2002). This three-year gift system looks for applications from very interested agents to lead lucky, creative, formative, or methodological behavioral exploring things, pilot tasks, or possibility thinks about that backing (full of imagination), novel youth roughness helping (another person) research (Mercy,Butchart,, Farrington,2002).These studies may include/combine procedure test/evaluation and model testing, procedure (moving ahead or up) and acceptance, and steering of a mediation before big and wide scale testing (Mercy,Butchart,, Farrington,2002).The target is to sway basic starting improvement to give a (reason for doing or saying something) to extremely important future youth evil violence mediation research. Examiners who wish to (change to make better/change to fit new conditions) new ways of doing things or procedures created in different fields to study exploratory roads in youth roughness helping (another person) exploring things are strongly encouraged to apply. Also/and supported are group efforts between agents of danger (numbers that change/things that change) for youth evil violence and behavioral (action that helps a bad situation) lists from related fields (Mercy, Butchart, Farrington, 2002). This RFA is not planned for huge scale efforts/tries, nor to backing or add to/addition going forward examination. Rather agents are strongly encouraged to investigate the practicality of a clever examination question or way(s) of doing things which is based on information picked up from investigations of danger, cause (of a disease) and extremely important behavioral forms, and to create an exploring things (reason for doing or saying something) for a resulting application through other NIH programs (Mercy, Butchart, Farrington,2002).Toward the end of every projects authority grant period, an aggressive reestablishment application that pieces of fruit the discoveries of these aids to a full scale helping (another person) study may be submitted for companion audit and rivalry for backing through the normal award projects of the taking an interest offices (Mercy,Butchart,, Farrington,2002). A mixture of ways of doing things have been tried to reduce animal-like conduct among children. The most normal helping (another person) s look to change peoples abilities, personality/desire and convictions (Flannery, 1999). These sorts of projects are almost always done in school settings also are meant to help children and young people oversee annoyance, resolution fight/disagreement, and create the very important social abilities to take care of issues (Flannery, 1999). An alternate basic set of action ways of doing things tending to youth roughness concentrates on right on time helping (another person) with children and families (Flannery,1999). Such projects give folks data about tyke improvement and show them how to do enough to train, screen and control kids, and also how to oversee family fight/disagreement and improve back-and-forth writing Flannery, 1999). Guardian and family-based helping (another person) s are among the most guaranteeing methods for delivering long haul reductions of value in youth animal-like violence (Flannery, 1999). Different ways of doing things concentrate on group settings furthermore a percentage of the more easily seen (related to social pressure, how people act toward each other, etc.) elements identified with youth (violent, animal-like behavior). They run from open data fights and group policing to improving settings, for example, schools and clinics (Flannery, 1999). Also/and included are (related to managing and running a company or organization), legal, and (teaches things) changes and other arrangement changes meant to help (reduce) the hits/effects of quick social change and tackle weapon evil violence among teens. Almost all these ways of doing things, however, have not been tested/evaluated (Flannery, 1999). The standards of social difficulty educated guess, created in investigations of city-based neighborhoods, can be connected to simple groups. In the nonmetropolitan districts that made up the study test, for every capita rates of teen capture for strong (and scary) offenses were (almost completely) and reliably connected with private insecurity, (related to a group of people with the same race, culture, religion, etc.) mixed qualities, and family interruption (Zimring, 2000). In view of the quality and consistency of the discoveries, family disturbance, specifically, gives off an impression of being a discriminating part of social disruption in nonmetropolitan groups. The discoveries are steady over the located of evil and violent offenses. Many specialists limit/hold down their investigations to a couple of offenses that they attempt to be most dependably recorded, for example, (murder without intent to kill) and crime (where things are stolen from inside a building) (Zimring, 2000). In fact, there can be little doubt that law approval officers have less skill (when dealing with people) about whether to make captures for these offenses or that hurt/blamed people and observers are more likely to experience/likely to get report them. In any case, the connections of group qualities to the rate of basic attacks are about unable to be separated to those for the other evil and violent offense classes, for example, attack and bothered attack (Zimring, 2000).Therefore, instead of discovering disagreeing results for less real/honest offenses, the information gave extra true and positive statement to the general example of results (Zimring, 2000). References Dahlberg PhD, L. L. (1998). Youth violence in the United States: Major trends, risk factors, and prevention approaches. American journal of preventive medicine, 14(4), 259-272. Flannery, R. B. (1999). Preventing youth violence. Bloomsbury Publishing. Mercy, J. A., Butchart, A., Farrington, D. (2002). Youth violence. Zimring, F. E. (2000). American youth violence. Oxford University Press.

Neither Oedipus nor Hamlet was the direct cause of his troubles. :: essays research papers

Although you may never meet them, and although you may not tread the soil of God’s green earth at the same time, many believe it to be a scientific fact every one of us has a twin. These people believe that in some way, we are all connected as twins. Upon presenting their theory, these individuals must have been confronted with hitches and hurdles. From chuckling and chortling to snickering and sneering, one can only imagine the response these scientists must have received! Upon hearing the stories of Oedipus and Hamlet, our eighth period English class reacted much like the scientists’ audience. We began with a prince by the name of Hamlet. The quote, â€Å"with great power, comes great responsibility† comes to mind. As a scholar, Hamlet questioned and analyzed everything set before him. It was no surprise that when presented with the murder of his father, Hamlet acted with extreme caution. He knew it was his duty to avenge his father’s murder, both as a prince, and as a son. In no way could he have prepared himself for such an arduous task. This is why I believe Hamlet was a victim of his circumstance. Hamlet did not provoke the murderer of his father nor influence the course of events that spurred such shocking circumstances; however, being analytical, his best quality, made it more difficult to reach his goal. In the same way, Prince Oedipus is faced with an indubitable fate. From childhood, this young prince was cursed, but destiny never gave up. Again, having such fervent love for his father, Oedipus did the unthinkable- he gave up everything he had ever known to save the life of the man whom he thought to be his father. Once again, it was the protagonists’ best quality that made him vulnerable to his circumstances. Oedipus never sought to mistreat, much less murder his father, but fate would have it no other way.   Ã‚  Ã‚  Ã‚  Ã‚  Both of these protagonists have many difference and similarities. Their differences range from motive to the method, which they reacted to their circumstances. Oedipus doesn’t kill to avenge anyone; he kills†¦ well†¦ because some men were in his way? Whereas Hamlet kills to seek justice for an indiscretion committed against he and his family- the honor, which defined his name. Hamlet fought for a father he knew; a father whom he had shared new experiences and memories with. This was not a life Oedipus was familiar with, that is with his birth father.

Communication Barrier Essay

Communication is defined as â€Å"an exchange of information.† It involved the transmission of ideas and thoughts. To communicate means that you share with others your concepts, your thoughts and ideas. Most of our time is spent in this mutual relationship by either speaking or listening. This ability to communicate is what makes man the unique creature that he is, with the ability to control and dominate, to build and maintain. Communications is a big thing in America. It is said to be our most vital and largest industry. We are awed by man’s methods of communication. We find them complete in oral, written or visualized form. In spite of this, communication is a big problem in our lives. Because of human nature, certain barriers exist making the communication process either ineffective or impossible. At times we just do not get through to people. This often results in misunderstanding. Many splits in congregations are due to the communications problem. Brethren have trouble talking to each other, they become estranged and some become enemies. Much of this can be eliminated if we understand some of the barriers to our communication. In the discussion that follows, the principal barriers to communicating effectively in today’s working environment are identified, and proven techniques for coping with them are considered. The principal barriers to effective communication are: noise, poor feedback, selection of inappropriate media, a wrong mental attitude, insufficient or lack of attention to work selection, delay in message transmittal, physical separation of the sender and receiver, and lack of empathy or a good relationship between the sender and receiver. Let’s now give four examples of communication barriers and the solution of each one as well. There are many communication barriers that come up during the communication process. First, there are physical distractions that interfere with the effectiveness of a communication attempt. For example, I work at a hardware store and I would be mixing paint for customer while another customer comes up to me and asks where something is located in the store. For this case, it can be many ways. You can ask someone else to attend to the customer, yet still be able to accomplish your job without losing the customer. If the first customer not around, you should attend to the other customer first and go back to your job. Second, we live in a â€Å"verbal† environment. Words constitute the most frequently used tool for communicating. Words usually facilitate communication; however, their careless, improper use in a given situation can create a communication barrier. Arthur Kudner, an advertising executive, once told his son: â€Å"All big things have little names such as life and death, peace and war, or dawn, day, night, hope, love, and home. Learn to use little words in a big way. It is hard to do, but they say what you mean. When you don’t know what you mean – use big words; they often fool little people.† The words we use should be selected carefully. Dr. Rudolph Flesch, a specialist in words and communication, suggests a way to break through the word barrier: use familiar words in place of the unfamiliar, use concrete words in place of the abstract, use short words in place of long and use single words in place of several. Unfortunately, almost every commonly used word has more than one meaning. Also words have regional meanings or derive new meanings as a result of the development of new industries or fields. The meaning conveyed by the sender’s words depends upon the experience and attitude of the receiver. Therefore, one way to penetrate the word barrier is for the sender to strive to speak or write in terms of the receiver’s experience and attitude. The better able he is to do this, the more successful the communication will be. Dr. S. E. Hayakawa, a U.S. Senator from California, expressed it very well when he said, â€Å"The meanings of words are not in the words; they are in us.† Third, the ability to empathize with someone else may not be easy. If you are to see things from another’s viewpoint, you have to put aside your own prejudices and preconceptions. The receiver may be of a different race,  creed, educational background, from a different section of the country, or have a different specialty or rank within the organization. Under these circumstances, the task of empathizing with the other member of the communication link is difficult. The task is further complicated if you believe that understanding another’s viewpoint may pose a threat to your own. To better communicate, we must try to see ourselves through the eyes of others in the communication link. By developing some empathy with the people to whom we will be directing messages, we might recognize the need to modify our messages from time to time before sending them. We should use easy word when we communicate with other people, let everyone understand easily. Not to ward, no technician word that people around the word will be able to follow. The last one, as manager, many communication barriers will turn out as well. Generally, managers make more frequent use of oral, rather than written, communication. However, the media one selects for communication in a particular situation should correlate with the feedback requirements. A communication failure or partial failure could occur if the media you select for transmittal of a message is inappropriate and necessary feedback is not received. Most simple messages can be transmitted orally – either in a face-to-face discussion, formal briefing, or meeting of the staff. More complex messages should be written in a directive, instruction, memorandum, or report. Very complex messages should be transmitted in both oral and written form. Repetition and review of an oral communication in written form can be a facilitating device. So the personal qualities of the manager should be a consideration in the selection. As manager, you should recognize your strengths and limitations. You should evaluate your successes and failures in communication and plan to use the media that best fits your style and qualities. From the above communication barriers and each of solution, we can observe that in today’s world, no matter what the communication barrier is, there is always to the solution over the barrier. It is just a matter of different  approach within you means and ability to execute the solution without losing any clients.

Fedex External Environment

FedEx External Environment Audit 1. How is the industry structured? The industry is defined by NAICS as the logistics, transportation, and related business services. This is a very broad definition because it doesn’t define the main function of the business, which is express delivery and shipping that includes a wide range of services for both businesses and consumers. FedEx offers express delivery, ground, and freight shipping, in domestic and international markets. The most important dominant economic traits of the express delivery and shipping industry are: Market Size and Growth * The express delivery and shipping industry is $189B with a growth rate of 0. 1% globally. Although there has been a -2% decline in the industry in the U. S. , there is a tremendous amount of potential growth in the developing and international markets. The shipping services industry could be classified as being in the mature stage of the industry life cycle since the main focus is increasing mark et share and increasing cash flow. Future growth is dependent on the penetration and development of new markets. -Degree of Product Differentiation Companies within the industry are differentiated by price, the markets they serve, reliability, and speed. Smaller firms who serve local segments are differentiated by the custom and personalized level of service. Larger firms who serve the global segment are differentiated by price, guaranteed delivery, and service. Price is a major factor for e-commerce businesses relying on the price of shipping and delivery times. Prices for shipping smaller individual packages are similar, but companies who ship in high volume get a break. Although there is some loyalty, price is a determining factor for businesses. Scope of competitive rivalry/number of rivals * A few major players in the shipping industry dominate the world market. FedEx, UPS, DHL, and USPS hold 67% of the market share who ship worldwide and within the U. S. Larger firms have an a dvantage based on brand recognition and the wide range of services they offer. Penetrating into international markets with growing economies will create an opportunity for larger firms to grow. -Number of buyers * Demand for express deliveries is dependent upon the health of the global economy and the growth of e-commerce.As the economy grows, so does the demand for shipment of products to consumers and other businesses. As the economy slows down, so do the number of businesses using shipping and freight services to deliver products. During a recession, businesses shut down, and consumers stop spending buying products online, which directly effects the number of items being shipped. -Economies of scale * Larger firms tend to have more â€Å"hubs,† which are local sorting facilities for packages before reaching their final destinations, which creates efficiency in the delivery process, as well as reaching more locations that smaller companies cannot.Economies of scale also hel ps with various costs, such as fuel, which is a major cost in the shipping and freight industries. 2. What is competition like? What forces are at work? According to Porter’s 5-forces model, express delivery and shipping industry is very competitive. The five forces are listed in order from strongest to weakest. -Intensity of rivalry => Very Strong Intensity of rivalry among current competitors is extremely high to increase market share. The large firms, such as FedEx and UPS, must consistently compete in price, service, reliability, and implement new technologies to improve the efficiency of shipment.Cost of fuel has risen 6. 8% from 2011 which is the main operating expense in the industry and is difficult for firms to pass on the cost to the customers due to low switching costs. Margins remain low making it very competitive to maintain the volume of shipment and avoiding price wars. -Bargaining Power of Suppliers => Strong The main suppliers would be the oil companies who s upply fuel and the suppliers of human resources, which are the employees. Although these are not direct suppliers in the conventional sense, they do have a significant impact on the day-to-day functions.Global supplies and demands of fuel directly impact its cost, which is the main variable effecting margin of the industry. The human capital of its workforce directly affects the efficiency of its daily functions and the reliability that consumers depend on. Employees have power bargaining power by possibly going on strike which could bring deliveries to a halt. In that sense it, employees have a strong bargaining power and could demand higher pay, increase in benefits, and better working conditions. -Bargaining Power of Buyers => StrongLarge shipping companies depend more on businesses that use who ship products in high volume. The switching costs can be very little to practically nothing, causing the industry to lack brand loyalty. Customers can easily switch over to a competitor w ho offers service that’s slightly cheaper or at a faster speed. Firms rely on businesses and e-commerce for their own industry to be profitable. -Threat of New Entrants => Weak Threat of new entrants is low. The cost of fixed assets to be competing in the industry is extremely high. It would cost billions of dollars to obtain the proper number of airplanes, trucks, and software.This would also require billions of dollars in fuel cost, maintenance, and human capital to operate properly. It would also be difficult for a new entrant to gain market share due to the high brand recognition of the industry leaders making it difficult to differentiate them in a substantial way. Even with economies of scale, profit margins are very narrow making it difficult to gain a profit. Distribution and number of â€Å"hubs† would be difficult to match. -Threat of Substitutes => Weak There isn’t really a substitute that can take the place of physically moving products from one plac e to another.In the past, the internet has replaced mail and delivery for the transfer of documents and funds. Value- net analysis reveals various complements could help differentiate firms from one another. Additional services for businesses with marketing materials and packaging would help firms to increase business for their customers. In conclusion, this is an extremely competitive industry. Although there is no threat of substitutes for this type of service, it is a very difficult industry to profit and compete in. 3. What trends are driving changes in the industry? Trends that are causing changes in the industry are: Increased globalization of the industry (+) * Businesses are becoming more globalized and penetrating into international markets will be key to the growth of the industry. There is an increase of businesses in developing countries and there is an increase in e-commerce. -Increasing fuel cost (-) * Fuel is the biggest cost in the express delivery industry and many recent global supply problems have increased the costs. Political uprisings in the Middle East, and threats of war across the region affect supply. Major price fluctuations cut into profits. -Going green (+) Many countries and industries have been pushing the green efforts. Car and truck companies have been producing electric and hybrid vehicles that can significantly reduce the cost of fuel. The long-term savings will outweigh the short-term cost of replacing and updating vehicles to hybrids. -Increased competition and regulation in new markets (-) * Government owned express delivery service providers usually monopolize the industry in the country and can impose regulations to prevent private and foreign companies to do business, or even impose strict customs processes. -Businesses switching to online models (+) More businesses are switching to online models to reduce inventory and overhead costs. With the increase of the number of people with access to computers and the Internet, new markets are appearing with the ability to purchase online. Businesses have increased their online presence, and offer online purchasing and even mobile apps for convenience. This increases the number of shipments direct from warehouses to customers, and creates a dependence on shipping services. The trends are mostly positive suggesting that the future of the expressing shipping services industry is likely to increase, yet will be very competitive.