Duty of the Court and its Interpretation of Legislature Essay

Duty of the Court and its Interpretation of Legislature - Essay Example Consequently, the unnecessary strain that is being imposed on judicial system is making judiciary to do the work of the legislature. Ernest Bruncken quotes Vandereycken about the three stages in the development of judicial interpretation as the literal state, logical stage and the positive stage. The interpretation of significance finds in logical and positive stages as logical stage considers the will of lawgiver and respect for it. Whereas, the positive stage the law can be seen as the product of economic and social forces working through law giver and finding expression accordingly. Hence, in this case the question about the power and duty of the court to travel outside the law on a voyage and discovery comes to the fore. The metaphor in the above sentence deals with the nature of interpretation that deviates from the original meaning and logic of the law considered. Hence, in the context of court interpreting the law in positive stage, the exigencies of social life will be the so le consideration of the court (Ernest Bruncken, 2009). Hart's theory and concept made greater impact on contemporary positivism as he applied the radical insights of the new linguistic philosophy. According to Tebbit Mark (2000), he explained the central problems of jurisprudence with sound theoretical footing and tried to do simplify the complexity of law. As Hart acknowledged the value of Bentham and Austin's efforts of clarification and tried to expose the weaknesses of classical common law, he tried to establish the power of Courts to go beyond the intentional meaning of the law to interpret according to the social situations. As he expressed reservations about some areas of law as serious obstacles in the path of genuine understanding, he viewed the interpretation of courts about the law as the articulation of pre-existing good. Hart disagreed with Hobbes and Austin about the positive form of command theory and supported the revealing of true explanatory strength. The reason for rejection of command theory by Hart is that it did no t reflect the reality of any possible or actual legal system and its explanatory power was limited thus confining the courts to certain points while interpreting the law. In that manner he supported the power and duty of court to interpret the law according to social situations. While stating his concept Hart constructs two effective arguments. First about the essence of law that purports to explain and thus stated that the rules cannot be orders or commands. As he felt that the rules are the ones, which facilitate social transactions, the interpretation of courts plays an important role in applying the law to various social situations thus giving the power to court to go beyond the concept of the rule in law. The second argument is about the distinction between types of legal rules that talks about analysis of social practices. As he pointed out that concept of an accepted rule is missing in Austin's analysis, Hart supported the sophisticated understanding of the social practice fo llowing a rule (Tebbit, Mark (Author), 2000). The important aspect in Hart's argument is that the rules in the law are open textured. Hence, Judges have to fill the gaps by their discretion. Hence, he

Involving Parents Assignment Example | Topics and Well Written Essays - 750 words

Involving Parents - Assignment Example One of the other important items about this involvement is being able to measure whether the implemented plan has been of any importance in terms of the success attained by students (Chavkin & Williams, 2007). In the State of Michigan, parental involvement refers to the active engagement of parents in the learning activities of their children. However, it has been revealed that there is a high need to move beyond the involvement of parents to their engagement. The state of Michigan has educators who are among the best in the entire world. It is thus important that the state, schools. School districts and parents are all united to support a common goal. Thus, the following plan towards parent involvement in education will help my school district in developing, assessing and implementing the engagement policies, plans and programs. Some of the plans that include outreach strategies include activities that are related to home learning, use of resources within the community, as well as policies and actions that support the schools and the district. Therefore, the following is a plan that will help to enhance the involvement of parents. In this plan, teachers and administrators will be required to assess their level of readiness to involve parents and how determined they are to engage and use them. Definition of the plan: Each of the parents is expected to take part at different levels in the learning activities of his or her child. The involvement of parents will be empowered and encouraged through the application of committees that are in charge of empowering and enabling parents to be involved in the education of their children (Cervone & O’Leary, 2012). At the closing stages of the second semester, the members of the committee will be in a position to start making the implementation actions as they will be in place. These actions will be as a result of their formation. Before

Food, Identity and Spaces Research Paper Example | Topics and Well Written Essays - 1250 words

Food, Identity and Spaces - Research Paper Example Before we can consider such situations, it is important to first delve into challenges that tourists face in unfamiliar culinary situations. The primary point of concern is: How does food, as much as it presents unique experiences to tourists, conflict with their culture and eating etiquette in unfamiliar culinary situations? Cultural Mismatch One of the primary challenges faced by people in unfamiliar culinary situations stems from cultural mismatch. Local food, according to Cohen and Avieli, is both an attraction and an impediment. The cultural points of difference are evident from the displeasure to the displaying of caged animals waiting to be killed and served to customers. Tourists not accustomed to this practice have often found it repulsively disturbing to the extent of losing their appetite altogether (Cohen &Avieli, 2004). Similar sentiments are shared by Chang, Kivela and Mak, whose study centred on the idea of travel dining with a specific focus on the Chinese experience, as an expression of engagement between tourists and other cultures. According to the line of argument developed in this study, which has singled out different types of tourists, allo-centric tourists are generally more willing to try novel food when it comes to unfamiliar environment. On the other hand, psychocentric tourists will tend to stick to familiar culinary patterns that fit into their culture. Clearly, there is an implied sense of intimidation when the latter are not willing to step out of their comfort zone and accept the concept of change. It can be concluded from this line of thought that cultural mismatch is a great impediment when it comes to experiencing unfamiliarity in foreign land. As such, the identity of the foreign food culture is unappreciated and thus compromised. On a similar note, the element of cultural mismatch is also present when â€Å"an immigrant to Canada, quickly finds his own ethnic identity challenged in terms of food. Offered a hot dog by his fr iend Romesh, Nurdin, a Muslim, knowingly takes the forbidden meat into his own body† (Padolsky, 2005, NS). In another study, Western European and Israeli tourists in the Asian regions where the cultures are radically different find it overwhelmingly difficult to adapt to local food due to cultural mismatch (Cohen &Avieli, 2005). Evidently, the three studies share similar sentiments on cultural challenges faced when experiencing unfamiliar culinary situation. Contrasting Eating Etiquettes Contrasting eating etiquettes also come out strongly on the three studies as a notable impediment to adapting to new types of food as people visit different cultures. A specific example is the aroused uneasiness by Westerners confronted by chopsticks when touring parts of Asia (Cohen and Avieli, 2004). There are also some peculiar food practices that separate the cultures of the East and the West. For instance, the differing methods used in food preparation are culturally dependent and therefo re, some methods may contrast with other cultures (Chang, Kivela & Mak, 2010). Culturally sensitive people would then find it difficult eating food prepared under such circumstances. The same line of thought seems to be shared by Podolsky when he claims that eating etiquettes vary from one cultural background to another. In his context, people find it difficult to adapt to new diets especially when the host’s eating etiquettes differ greatly from what they are accustomed to in their

Personal statement Example | Topics and Well Written Essays - 750 words - 4

Personal Statement Example Moreover, I have a willingness to develop my English speaking skills, which will certainly make my interaction with people overseas better. Ever since I was a young kid, I have always wanted to go abroad and roam around the world. Although I did my primary schooling from Turkey, I felt uneasy being in only one place and wanted to travel to different places and meet different kinds of people. Moving to the United Kingdom was a wonderful experience and it gave me great joy to meet people from a different culture. My experience throughout this time earned me many skills and I discovered a lot about my abilities. First of all, when I was on the basketball team at my school, I learnt to perform very well under pressure in order to get the best result. This happened especially during those times when there were only a few minutes left for the end of the game and we still had to score another point to win. Most importantly, I have learnt to accept my failures and be critical with myself by trying to find out the areas where I failed to perform well and perfecting those areas before the next game. I believe that such determination will make me a very good business manager, as carrying on with enthusiasm after losing a deal is a very important skill for business men to have. Another experience at my high school made me gain essential skills required by professionals in business management. ... Furthermore, I gained the ability to successfully work and get along with a diverse range of people. In addition, I learnt how to take quick decisions whenever an emergency related to the technical service or a fight between two individuals occurred. I believe that such skills are extremely important in the business profession because a business manager should know how to change the tone of his proposition depending on the mood of the client. Moreover, I believe that once you get along with a client, you are already halfway to scoring the deal. On the other hand, this experience taught me how important communication skills are in the profession of being an international business manager. Although I have developed extremely good interpersonal skills, I want to further develop my English speaking skills. I understand how important it is for an international business manager to be extremely fluent in English, especially during interactions with clients in different countries. This is th e reason why I have taken English as one of the subjects for the Business Foundation course which I am currently studying at CATS College. Other than English, I have taken Business Studies, Accounting and Math as all of these subjects are equally important for my future as an international business manager. Solving math problems has taught me perseverance which is a critical trait that will help me work towards my goals with a calm and clear head. Accounting has of course developed my practical skills, whereas Business Studies has increased my knowledge about the way things go about in the business profession. I highly believe that I am the perfect candidate for the International Business Trade/Management course offered by your university. I enjoy traveling to different places and

SRD Assignment Example | Topics and Well Written Essays - 500 words

SRD - Assignment Example While a resume website provides me with the potential of targeting any web user, the website targets potential employees. In particular, my resume website targets employers in the business sector since my competencies are suited to this specific job environment. The resume website will provide me with the creative freedom that I need to express my personality, which is not possible through the conventional resume. In this case, I will ensure that every detail of the website from my bio to the design option I select says something about me and communicates my personality to potential employees. Besides, every detail of the website will pass the message that I take my career seriously. The different categories of information will start with the homepage. On this category, I will provide my extended professional summary. The other category will include the resume category, which will communicate the specifics of my resume with different subcategories such as my work experience, education qualifications, and skills. The website will also inform the target audience of the different ways in which they could connect with me either via a social networking site or through email. First, the resume website communicates my competencies and background to potential employees. Besides, it provides a record of accomplishment of my life, and the activities that I have engaged in that would help me fit in the job market and help an organization achieve its objectives. The resume website will also control my branding. While a resume presents an excellent opportunity to present my experiences, it fails to provide an opportunity for presenting a future that I would want hiring managers to see. Therefore, the resume website will present me as a brand, and not just presenting me as who I was, but whom I envisage on becoming. The website resume will also include my philosophy on life.

Personal statement Example | Topics and Well Written Essays - 750 words - 4

Personal Statement Example Moreover, I have a willingness to develop my English speaking skills, which will certainly make my interaction with people overseas better. Ever since I was a young kid, I have always wanted to go abroad and roam around the world. Although I did my primary schooling from Turkey, I felt uneasy being in only one place and wanted to travel to different places and meet different kinds of people. Moving to the United Kingdom was a wonderful experience and it gave me great joy to meet people from a different culture. My experience throughout this time earned me many skills and I discovered a lot about my abilities. First of all, when I was on the basketball team at my school, I learnt to perform very well under pressure in order to get the best result. This happened especially during those times when there were only a few minutes left for the end of the game and we still had to score another point to win. Most importantly, I have learnt to accept my failures and be critical with myself by trying to find out the areas where I failed to perform well and perfecting those areas before the next game. I believe that such determination will make me a very good business manager, as carrying on with enthusiasm after losing a deal is a very important skill for business men to have. Another experience at my high school made me gain essential skills required by professionals in business management. ... Furthermore, I gained the ability to successfully work and get along with a diverse range of people. In addition, I learnt how to take quick decisions whenever an emergency related to the technical service or a fight between two individuals occurred. I believe that such skills are extremely important in the business profession because a business manager should know how to change the tone of his proposition depending on the mood of the client. Moreover, I believe that once you get along with a client, you are already halfway to scoring the deal. On the other hand, this experience taught me how important communication skills are in the profession of being an international business manager. Although I have developed extremely good interpersonal skills, I want to further develop my English speaking skills. I understand how important it is for an international business manager to be extremely fluent in English, especially during interactions with clients in different countries. This is th e reason why I have taken English as one of the subjects for the Business Foundation course which I am currently studying at CATS College. Other than English, I have taken Business Studies, Accounting and Math as all of these subjects are equally important for my future as an international business manager. Solving math problems has taught me perseverance which is a critical trait that will help me work towards my goals with a calm and clear head. Accounting has of course developed my practical skills, whereas Business Studies has increased my knowledge about the way things go about in the business profession. I highly believe that I am the perfect candidate for the International Business Trade/Management course offered by your university. I enjoy traveling to different places and

Howard Gardner -Theory Essay Example for Free

Howard Gardner -Theory Essay Most learning institutions generally focus education on the linguistic and mathematical intelligence. Children in pre-school are first taught to know their ABCs and to count from one to ten. Those who can recite the alphabet well are considered bright students. Learners who can do addition at an early age are placed on the honors list. It had been that intelligence is measured using IQ tests. The higher the IQ is the smarter the person is. But the Theory of Multiple Intelligences, proposed by Howard Gardner in the year 1983, states otherwise. The theory basically implies that other than linguistic and mathematical competence, there are other or multiple aspects of the learning that should be considered as intelligence also. Likewise, the theory points out that standardized IQ tests is not a sufficient measurement of smartness or dumbness of a person. Gardners theory stirred the psychological and educational communities. It received varied reactions. Some were impressed and readily accepted the theory as it explains the differences of each students. Yet, some raised their eyebrows and issues sprouted as questions of validity and empirical evidences of the theory may not sustain the claims of the theory. There have been a lot of debates pertaining to multiple intelligences. Several writers have also expressed their varied opinions regarding the topic. Indeed the theory   proves to be an interesting milestone in the study of human learning and cognitive sciences. It also gives a lot of insight on how education in the future would affect the different abilities of each person. The theory, which is more than 20 years old, is already accepted and even integrated in some school but at the same time still in the middle of scrutiny. Howard Gardner was born in 1943 in Scranton, Pennsylvania. His parents   were originally from N rnberg, Germany. They went to the US in 1938 with their three-year old son Eric. Before Gardner was born, Eric died in a sleighing accident. These were not known to Howard during his childhood but have a fairly significant impact upon his thinking and development. He was discouraged from trying risky physical activities and was rather   encouraged to develop his creative and intellectual abilities. As he began to find out his family history, he realized that he was different from his parents and friends. For his education , he went to a preparatory school in Kingston , Pennsylvania against his parents wish to send him to Phillips Academy in Andover , Massachusetts . After that, Gardner attended Harvard University and took up a course in history in preparation for a career in law. In Harvard he was able to study under scholars like Eric Erickson, sociologists David Riesman and cognitive psychologist Jerome Burner. Howard Gardners theory on multiple intelligences attempts to provide a comprehensive view of intelligence. In the psychological era where the single theory prevailed, Gardner broke away and stopped from settling with just a single factor to be held responsible for intelligence. He rejected the idea of measuring intelligence through IQ tests. According to Howard Gardner, human beings have nine different kinds of intelligence that reflect different ways of interacting with the world. Gardner developed the well-known theory of eight multiple intelligences, consisting of verbal/linguistic, musical, logical/mathematical, visual/spatial, bodily-kinesthetic, intrapersonal, interpersonal, and naturalist intelligences. For Gardner, a person must satisfy a range of these criteria in order to quality as a person possessing intelligence. This is a much better theory, because it does not limit itself to a single entity. Compared to a single theory of intelligence where the theorist must restrict himself into choosing one that would provide the answer to measuring a persons knowledge and abilities, Gardners theory opens itself to the possibility that there could be many areas where a person could demonstrate his skills and knowledge. The advantage of Gardners theory of multiple intelligences lies in its being an â€Å"account of human cognition in its fullness†. It takes into account that man is equipped with a basic set of intelligences and that each man is unique with respect to which different components of the set of intelligences he may possess. This leads to the notion that man has the opportunity of taking advantage of his uniqueness by tailoring his education in accordance with his strengths and weaknesses. Howard Gardner introduced his theory of multiple intelligences in 1983. Multiple Intelligences is a theory about the brain that says human beings are born with a single intelligence, that cannot be changed, and is measurable by a psychologist. Gardner believes that that there is eight different intelligences in humans. Most intelligence tests only one or two intelligences, usually language and logic. Six others according to Gardner are musical, spatial, bodily-kinesthetic, interpersonal, intrapersonal, and naturalist. Gardner believes that everyone acquires all eight of these intelligences, and through environment, genetics, and different experiences no two people have the same make up of intelligences. Because of these differences we need to look at educating students differently. We can either overlook these differences in our students and teach them all the same way, or realize that all students have different intellectual strengths and weaknesses, and factor these differences into the way we teach our students. Unfortunately in our schools if a student has an understanding of the intelligences language, and logic, than they will have no problem passing the kind of tests that are given in school, which in turn will make them feel that they are very smart. But another student who may have weaker language, and logic intelligences but is altogether just as intelligent as the other student, will never is able to pass the tests required in our schools. And in turn these students will grow up feeling as if they are not smart, when in fact they can be extremely intelligent. Some students may have a better understanding of subjects if only they were taught to use any other of their intelligences to understand a particular subject. Students and educators need to figure out how a particular mind works, for them to better learn and understand. If a student at an early age feels that they are not as smart as the other students, it will affect them for their whole lives. They will feel differently about themselves, and school. This will also cause a low self-esteem which will hurt them, and keep them from reaching their full potential. Gardner believes that a student first needs to try to improve their language, and logic intelligences, but if they can’t they should know that they still have the ability to learn, and should try using many of their other intelligences. Basically educators and students need to realize that no two people think the same way, and need to modify the curriculum to help every student learn and understand. Gardner believes that elementary school should not be a time of strict, disciplined learning, but a time to teach the joy of learning. Young children need to learn the differences between, opinions, beliefs, and evidence, and this will carry them throughout the later education years.   I think that in our schools we have some a few programs like classes for gifted students, and classes for slower students. But when it comes down to it everyone is taught the same material in the same way, and is everyone is expected to pass the same test. I think that seeing what Gardner believes in our classrooms today would be encouraging, and wonderful. But I also think that realistically it would be very difficult to be carried out in all of our schools. But when it comes down to it we as a nation needs to realize that our children are the future of our country. Resources: Website: http://www.pbs.org/wnet/gperf/education/ed_mi_overview.html July 19, 2010 http://www.thelearningweb.net/chapter10/page365.html