Critical Analysis of Hebrew Literature Curriculum for Arab Sector in Article

Critical Analysis of Hebrew Literature Curriculum for Arab Sector in Israel - Article Example The first curriculum for Arab schools was implemented in 1948 while the Israeli-Palestinian war was ongoing and military rule reigned over the territories occupied by the Arab minority (Zamir & Hauphtman 2001). The March 1975 curriculum approved by the Minister of Education has the objectives of imparting upon the students the cultural heritage of the Jews, literature aesthetics and awareness to social and cultural sensitivities. Although Arabic is considered one of the official languages in Israel, it is excluded in the curriculum as a subject in schools, and rather imposed the Hebrew language upon Arab students. This non-use of Arabic language is justified on the ground of its diglossic nature. The Hebrew Language is a compulsory requirement in all elementary and secondary Arab schools and in colleges where students aspire to become teachers. The linguistic concern is intertwined with the political and religious aspect of the Jewish existence, thus, there is a strong opposition on teaching Arabs Hebrew following the revivalism of the Hebrew language and nation (Zamir & Hauphtman 2001). Those in favor of teaching Hebrew to Arabs believe that it would allow the latter to learn Jewish culture, an important tool for written and oral communication and an important element in acquiring Israeli citizenship (Zamir & Hauphtman 2001). The school curriculum for studying Hebrew in secondary schools in the 1960s was â€Å"Hebrew Language and Literature Curriculum for Arab Secondary Schools: Grades 9 – 12† with three objectives (Zamir & Hauphtman 2001, p. 219). But it was only in 1972 that a  secondary school curriculum was used approved by the Ministry of Education on March 24, 1975, and revised a year later and published in the special circular A of the director general (Sept. 1976). In the revised curriculum, the language and culture of Jews will be taught for three years (Zamir & Hauphtman 2001). An Arab was appointed to supervise the implementation of this new curriculum, a part-time job until 1995 when the position became a full-time job.  

Google in China Essay Example for Free

Google in China Essay Google is the fastest growing Internet search engine company. Google’s mission is â€Å"to organize the world’s information and make it universally accessible and useful.†(International Business: Competing in the Global marketplace, pg 148-149) They have a mantra of â€Å"Don’t be Evil.† Google started this mantra to be the main message to show consumers they would not compromise the integrity of its search results. This case reviews the situation under which Google was required to censor its content and chose to launch its new search engine site. The case explains the role of the Chinese government and its regulations in the Internet market which had a negative effect on Googles operations in China. In 2000, Google started a Chinese language service. This service was operated from the United States. Chinese authorities blocked the site in 2002 because China censors information to their citizens. This block surprised Google’s managers. This was a challenge the managers did not plan on. If they done their research of the Chinese Government and culture prior to launching the Chinese language service, they would have known the block would be inevitable and they could have tailored their service to the Chinese regulations, culture, and laws. Google knew China was an advantageous business and they would need to adapt their service in order for it to be acceptable and profitable. Google also had to move the Chinese operations to China. Operating from the United States caused slow connection speed and hinder their operation and growth. This was a good move because it enabled Google to employee Chinese citizens who would be able to help understand and adapt to the Chinese laws, regulations, and censorship demands. Google managers made a mistake by not researching their target market. However, they acted quickly in learning and correcting this mistake. Google still offered Chinese citizens a better search engine, but it was not without censorship. The Google search engine offers more results than its competitors, Yahoo, Microsoft’s MSN, and China’s own company, Baidu. Google states Chinese consumers will â€Å"get more information on their site, though not quite all of it.† (International Business: Competing in the Global marketplace, pg 148-149) In 2006, Google had 30 percent share of China’s internet search engines. Baidu had 40 percent. This left another 30 percent split between Yahoo and Microsoft’s MSN search engines. These percentages are good, especially when one considers Yahoo and Microsoft had entered the Chinese search engine market prior to Google. Baidu has several advantages over Google that are mostly associated with it being a Chinese based company, the search engine has â€Å"competence in pinpointing queries in the Chinese language† (Yin Yulin, 2010, p. 4). Government relations with China are precarious for businesses effectiveness. Google did not have a clear understanding of what they would be involved in. China has become more supported and self-assured due to its increasing economic significance. They are more reluctant to be pressed by Western governments or companies into changing its long term regulations and censorship. Because of this aspect, China does not yet comprehend global strategies and the importance of global public relations. This causes them to be more rigid in their international business dealings. All-in-all, Google has been able to grow successfully in the Chinese search engine market and maintain the number two spot (behind Baidu) in China despite their lack of early research on the Chinese culture, governmental regulations, and laws. References International Business. Competing in the Global Marketplace, Seventh Edition, Chapter 3: Differences in Culture ISBN: 9780073381343 Author: Charles W. L. Hill copyright  © 2009 McGraw-Hill, a business unit of the McGraw-Hill Companies, Inc.

Assessing The Usefulness Of An Ecological Approach Social Work Essay

Assessing The Usefulness Of An Ecological Approach Social Work Essay Social work theories represent sets of ideas that assist in explaining the reasons for occurrence of events or why specific events happened in particular ways and are used to predict likely future actions of present outcomes. It is important to appreciate that theories, whilst based on reasoning and evidence, are not conclusively proved. In social work practice they provide alternative frameworks for understanding issues by the linkage of sets of ideas, and help people to make sense of specific situations or circumstances. Their application helps social workers in guiding practice and in achieving direction in their efforts. This study takes up the ecological approach for discussion and assesses its usefulness for social work practice. The ecological approach is also compared with humanism and existentialism and its various aspects are critically analysed with respect to achievement of managerialism and accountability in social work practice. Discussion Overview of Ecological Approach Kurt Lewin, (Plas, 1981), states that good theory is essentially practical. It provides a way to look at the world and guides action for the achievement of vision of the way things should be. Ecological theory, many experts feel, fits with Lewins maxim and has the potential to give social workers, both a practical perspective for effective social intervention, and a larger perspective for viewing and assessing the social world (Pardeck, 1988, p 92-100). Whilst Roger Barker, (1968), initiated the application of ecological concepts to analysis of human behaviour, the application of such ecological perspectives to social work practice did not occur until it was taken up by Carel Germain in the mid 1970s (Pardeck, 1988, p 92-100). The ecological approach has since then become progressively popular among social workers and is now commonly used as a practice approach for intervention (Pardeck, 1988, p 92-100). The approach, despite becoming more commonly used, does have some major limitati ons, chief among which is the lack of (a) clearly defined procedures for engagement in assessment, and (b) specific sets of techniques and strategies for intervention (Pardeck, 1988, p 92-100). The adoption of the ecological approach enables social work practitioners to understand the significance of the adaptive fit between the environment and organisms (Pardeck, 1988, p 92-100). An appreciation of such a fit in turn enables the emergence of a practice model that essentially focuses on the importance of locating ways and means to first assist individuals in adapting to their environments and second in the formulation of strategies for changing environmental elements that could cause problems for service users (Pardeck, 1988, p 92-100). It is important to understand three concepts, namely (a) behaviour settings, (b) the ecosystem and (c) definition of client problems, in order to understand and appreciate the fit between organisms and their environment (Pardeck, 1988, p 92-100). An understanding of these concepts helps in understanding the significantly unconventional and different approach of the ecological perspective (Pardeck, 1988, p 92-100). The concept of behaviour settings provides fresh insights in the relationship that exists between individual behaviour and environmental setting. Barker and Gum (1964), found that individuals react differently to different types of environment. Analysis of behaviour setting helps social workers to conceptualise the problems of service users and is considered to be a basic unit of analysis for the application of the ecological approach to social work practice. The behaviour setting, it must however be clarified, represents more than the traditional concept of behaviour as the response to a stimulus and is perceived to be a complex relationship of people, setting, time and individual behaviour. A conglomerate of such behaviour settings forms ecology (Germain Bloom, 1999, p 16-22). Specific individuals function in more than one specific ecology. The ecosystem of individuals consists of the various inter-relationships and the conglomeration of such ecologies (Pardeck, 1988, p 92-100). The ecosystem of a child, for example comprises of the self, the family, the school and the larger community (Pardeck, 1988, p 92-100). It is important to understand that the client, in such a concept of ecosystem is an integral component of the ecological system and cannot be juxtaposed with the larger environment (Pardeck, 1988, p 92-100). The ecosystem of an individual consists of four distinct levels, namely the micro-system, the meso-system, the exo-system, and the macro-system. The micro-system represents the immediate environment, viz. the impact of personality characteristics of an individual on other family members (Jones, 2010, p 67). The meso-system is more complex and refers to the interactional processes that occur between multiple micro-systems (Jones, 2010, p 67). Th e exo-system and macro-system likewise refer to more generalised levels and represent more extensive interaction of ecologies (Jones, 2010, p 67). Â  The service user in such circumstances becomes the defining and primary member of the eco system that in turn comprises of various overlapping subsistence like the family, the work place and the larger community (Pardeck, 1988, p 92-100). The psychosocial development and adjustment of individuals are perceived to be the consequence of transactions between individuals and their environments. The ecological perspective suggests the occurrence of cyclic and bidirectional activities between individuals and their environments (Pardeck, 1988, p 92-100). The environment in the first place affects the development and adjustment of individuals. The behaviours of individuals lead to responses inside the environment and the altered environment thereafter exerts a different pressure on the individual (Meinert, et al, 1994, p 26-33). Social workers can view this process as sequential or simultaneous mutual influence, for example X affects Y, which again affects X or X and Y come together to form a unity that defines the situation (Meinert, et al, 1994, p 26-33). This concept and these view points are important because they lead to the formulation of new ways for conducting of assessment and carrying out of intervention in social work practice (Pardeck, 1988, p 92-100). The adoption of the ecological view point leads to the shifting of focus from individual personality and behavioural characteristics to relationships between individuals, their families, their communities and other ecologies that are included in their eco systems (Pardeck, 1 988, p 92-100). Most people do operate in social ecologies that are adaptive or congruent and where people are in harmony with the social norms of their environments (Norman, 2000, p 11-17). The requirement for social work intervention comes about when such adaptive fits cease to exist and lead to mal adjustments (Norman, 2000, p 11-17). The ecological perspective differs significantly from traditional social work view points on definition of problems of service users (Tew, 2005, p 31-36). Most conventional perspectives concentrate on individuals for definition of problems of service users and perceive such service users to be deviant, behaviourally troubled or emotionally disturbed (Tew, 2005, p 31-36). The ecological approach very importantly does not perceive the symptoms of service users kin terms of individual pathologies but looks at such symptoms to be indicative of malfunctioning eco systems (Tew, 2005, p 31-36). Advocates of the ecological approach are likely to perceive emotional disturbances to be comprehensive problems that are occurring in the continuous adaptation that is taking place between organisms and their environments (Wilson, 1999, p 4-11). Mal-adoptions are thus felt to reside not just in the activity of individuals upon their environments but also of the environments upon individuals (Wilson, 1999, p 4-11). Individual problems and difficulties in social functioning are thus perceived to stem from interactive, dynamic and reciprocal sets of forces that work between individuals and their eco systems (Wilson, 1999, p 4-11). The relationship between problematic social functioning and ecology has been studied in various relationships between (a) social class and hospitalisation for psychiatric causes, (b) probability of specific types of mental ailments and spatial community patterns and (c) suicide rates and social organisation of communities (Peters Marshall, 1996, p 17-32). It is evident that the adoption of the ecological perspective requires a radical shift of approach by social workers, who must move away from individuals and try to understand a unit that is termed as individual-in-ecology (Peters Marshall, 1996, p 17-32). Such an approach requires the viewing of individual problems in terms of mal adaptive systems and even differences in labelling of clients, who for example should be termed as disturbing clients rather than emotionally disturbed (Peters Marshall, 1996, p 17-32). Application of Ecological Approach for Intervention The ecological strategy for intervention obviously calls for an ecological assessment of the problems of service users (Norman, 2000, p 11-17). Such ecological assessment essentially involves two important issues, namely (a) the identification of reasons for discord in eco systems and sources of strength, which can be utilised to enhance the level of fit between service users and important people in the lives, and (b) specification of the services that will be needed to allow service users to progress towards achievement of desired goals (Norman, 2000, p 11-17). Traditional models of social work, it is easy to understand, are far more simplistic than the ecological assessment approach (Meinert, et al, 1994, p 26-33). Such methods are narrower and perceive individual service users to be the only focus of the assessment procedure (Meinert, et al, 1994, p 26-33). The intervention model in the ecological approach comprises of specific steps that assist in translation of such assessment into appropriate strategies for intervention (Meinert, et al, 1994, p 26-33). Such an intervention approach consists of seven specific stages and can be applied in a number of practice areas (Nash, et al, 2005, p 32-41). The intervention model in the ecological approach is similar to other traditional approaches with regard to gathering of data but deviates significantly in the ways in which social work practitioners conceptualise and organise the processes of assessment and intervention (Nash, et al, 2005, p 32-41). The seven important stages in the intervention process comprise of (a) entering the system, (b) mapping the ecology, (c) assessing the ecology, (d) creating a vision for change, (e) coordinating and communicating, (f) reassessing and (g) evaluating (Nash, et al, 2005, p 32-41). These steps are significantly different from traditional methods of assessment and intervention and plays far greater responsibilities on the shoulders of social work practitioners (Nash, et al, 2005, p 32-41). The first step of the social work practitioner concerns entering the exo-system of the world of the service user, such a process involves assessment of various relationships in the life of the service user and identification of an entry point into the world of the service user (Kerson, 2002, p 8-14). Assessment of relationships in such circumstances involves examination of the various sub systems like the immediate family, the workplace and the community that shape the world of the service user (Norman, 2000, p 11-17). The social work practitioner can obtain significant information from examination of such sub systems for the formulation of intervention strategies (Norman, 2000, p 11-17). Assessment of various subsystems is thereafter followed by entry into the world of the client (Norman, 2000, p 11-17). This is largely done through an interview involving the social worker, the service user and people in his or her immediate family (Kerson, 2002, p 8-14). The social worker, after en tering the world of the service user commences ecological mapping (Kerson, 2002, p 8-14). Such mapping involves analysis of various sub systems and identification of people and events that are relevant to the challenges confronting the service user (Pardeck, 1988, p 92-100). Such mapping involves interaction with representatives of different sub systems like spouse, parents or immediate friends and leads to obtaining of very important information (Pardeck, 1988, p 92-100). The mapping of ecology is followed by interpretation and assessment. Social workers, at this stage of the process search for important problems and sources of strength in the eco system of service users (Meinert, et al, 1994, p 26-33). The description of relationships and recurring themes in the lives of service users forms an important aspect of this stage and helps in identifying problems as well as sources of strength that can help the service users in achieving a better fit with the environment (Meinert, et al, 1994, p 26-33). Assessment of ecology is followed by locating the areas that require to be altered to enhance the social functioning of service users (Meinert, et al, 1994, p 26-33). Social workers whilst focusing on the required change need to consider the service users total eco system and use all available strengths in the ecology (Meinert, et al, 1994, p 26-33). Practitioners should be open to different change possibilities and implement proposed plans of action after obtaining the agreement of service users (Meinert, et al, 1994, p 26-33). Social workers must communicate and coordinate with people in the eco system during much of the intervention process (Pardeck, 1988, p 92-100). A significant part of the change process lies in the hands of important people in the eco systems of service users and practitioners need to offer support and facilitate change efforts through home visits and telephone calls (Pardeck, 1988, p 92-100). Reassessment and evaluation also form important components of the ecological intervention process (Pardeck, 1988, p 92-100). Social workers should be open on remapping the ecology and working through subsequent stages if the intervention efforts do not appear to be achieving their stated objectives (Pardeck, 1988, p 92-100). The final stage of intervention that is the comprehensive evaluation of the process concerns the gathering of information through informal meetings and the use of structure questionnaires (Pardeck, 1988, p 92-100). The evaluation process is important for practitioners becaus e it enables them to enhance the quality of their ecological approach based treatment procedure (Pardeck, 1988, p 92-100). Advantages and Disadvantages of the Ecological Approach It is important to understand that ecological perspectives help social workers significantly in understanding human problems to essentially be outcomes of continuous transactions of different types between environments and people (Ginsburg, 1990, p 12-21). The conceptualising of human problems in this way helps social workers in understanding that discord between people and their environment can lead specifically to adverse physical, emotional and social effects upon people (Ginsburg, 1990, p 12-21). Such a focus is also a unifying feature of social work practice. The adoption of this approach helps social workers in taking away their focus from individuals as deviants with emotional and mental difficulties and helps in placing them simply as individuals who have mal-adaption with their environments (Henderson, 1994, p 38-45). The investigation and assessment process under this approach also allows social workers to interact with various people who are important to the service user a nd build an intervention plan that involves not just the social worker and the service user but also other people who are close to the service user, understand his or her problems and are able to help the service user in achieving the desired objectives (Henderson, 1994, p 38-45). Whilst the ecological approach helps social workers significantly in conceptualising the essential concerns of social work practice, the approach continues to have some inherent difficulties and problems (Pardeck, 1988, p 92-100). It does not for example provide clearly laid down sets of procedures and processes for assessment and intervention, as well as strategies and reasoning for their use (Pardeck, 1988, p 92-100). Social workers thus use the approach for understanding the basic relationships between service users and their environments but have to thereafter devise and formulate their own assessment and intervention procedures (Pardeck, 1988, p 92-100). It has also disturbingly been found that when social workers intervene in the eco systems of service users by opening up communication channels with other people in the eco system, such interventions often do not have clarity in terms of outcomes and can lead to negative consequences (Pardeck, 1988, p 92-100). Critics of the eco logical approach also argue that its application leads practitioners to perceive problems with such broad perspectives that practitioners attempt to plan so comprehensively that actual effectiveness of practice gets jeopardised (Henderson, 1994, p 38-45). Whilst such disadvantages and criticisms do have merit and must be considered by workers who opt to use the ecological approach, its adoption and application does enable social workers to obtain much larger perspectives and greater and more dynamic understanding of individuals and their social, cultural and physical environments (Henderson, 1994, p 38-45). The adoption of such perspectives results in avoidance of blaming of victims and in location of assessment and intervention of the issue in the ecosystem of service users (Henderson, 1994, p 38-45). References Barker, R., 1968, Ecological Psychology: Concepts and Methods for Studying the Environment of Human Behaviour, Stanford, California: Stanford University. Barker, R., Gump, P., 1964, Big School, Small School, Stanford, California: Stanford University Press. Germain, C., 1973, An Ecological Perspective in Casework, Social Casework, 54, 323-330. Germain, C. B., Bloom, M., 1999, Human Behavior in the Social Environment: An Ecological View (2nd ed.), New York: Columbia University Press. Ginsburg, E. H., 1990, Effective Interventions: Applying Learning Theory to School Social Work, New York: Greenwood Press. Henderson, G., 1994, Social Work Interventions: Helping People of Color, Westport, CT: Bergin Garvey. Jones, P., 2010, Responding to the Ecological Crisis: Transformative Pathways for Social Work Education, Journal of Social Work Education, 46(1), 67. Kerson, T. S., 2002, Boundary Spanning: An Ecological Reinterpretation of Social Work Practice in Health and Mental Health Systems, New York: Columbia University Press. Meinert, R. G., Pardeck, J. T., Sullivan, W. P. (Eds.), 1994, Issues in Social Work: A Critical Analysis, Westport, CT: Auburn House. Nash, M., Munford, R., ODonoghue, K. (Eds.), 2005, Social Work Theories in Action, London: Jessica Kingsley. Norman, E. (Ed.), 2000, Resiliency Enhancement: Putting the Strengths Perspective into Social Work Practice, New York: Columbia University Press. Pardeck, T. J., 1988, Social Treatment through an Ecological Approach, Clinical Social Work Journal, Vol 16, No 1. Peters, M., Marshall, J., 1996, Individualism and Community: Education and Social Policy in the Postmodern Condition, London: Falmer Press. Plas, J., 1981, The Psychologist in the School Community: A Liaison Role, School Psychology Review, 10, 72-81. Tew, J. (Ed.)., 2005, Social Perspectives in Mental Health: Developing Social Models to Understand and Work with Mental Distress, London: Jessica Kingsley. Wilson, D. J., 1999, Indigenous South Americans of the Past and Present: An Ecological Perspective, Boulder, CO: Westview Press.

Discuss Woolf Reforms Effect On Civil Justice Law Essay

Discuss Woolf Reforms Effect On Civil Justice Law Essay This essay will seek to analyse the Woolf Reforms and in that context will evaluate the overall qualitative impact that they have had on the Civil Justice system. The essay will discuss the background in which Woolf Reforms were passed, the Woolf Reforms, Impact/intention of the reforms, Objective analysis based on criticism (positives and negatives) and finally the essay will conclude by analysing whether the Woolf Reform has actually succeeded in its definitive goal of reducing cost and delay. Background In 1995 there was a survey carried out by National Consumer Council  [1]  which found that 3 out of 4 people who are involved in serious legal disputes were dissatisfied with the civil justice system. It was found that of the 1,019 respondents, 77 percent believed that the system was too slow, 74 per cent stated that the system was too complicated and 73 per cent said that it was unwelcoming and outdated.  [2]   A cursory look at history reveals that Pre-Trial process has been the subject matter of numerous reports and inquiries. Since 1968 there has been the Winn Committee  [3]  , the Cantley Committee  [4]  , the massive Civil Justice review 1985-1988  [5]  and the Heilbron-Hodge Working party jointly set up by the Bar and the Law Society  [6]  . These are outside the purview of this Essay as the new system of Civil procedure took effect on the basis of the recommendations made by Lord Woolf in his June 1995 Interim Report  [7]  and his July Final report, both of which are entitled Access to Justice  [8]  . Senior members of judiciary have always boldly defended the significance of civil justice and were concerned about the degradation and the problems inflicting the civil justice system  [9]  . Genn further stated that he was aware of the sorry state of the civil courts  [10]  . It was in this background of continuous criticism that the previous Conservative Government appointed Lord Woolf to carry out a far reaching review and overhaul the civil justice system. His inquiry is the 63rd such review in the past 100 years  [11]  . The 3 perennial problems of cost, delay and complexity have plagued the civil justice system for ages and it was these ills that the Woolf reforms sought to redress  [12]  . Indeed, the whole ethos of civil justice is bound to fail if litigation which in itself is a costly affair cannot provide timely, less expensive and simple justice. Lord Woolf wanted to eliminate the defects in the civil justice system which were identified as being: too expensive, too slow, lacking equality between powerful and wealthy litigants and under-resourced litigants, too uncertain in terms of the length and cost of litigation, too fragmented and too adversarial  [13]  . Therefore it was in this light that in March 1994, the Lord Chancellor set up the Woolf enquiry whereby ways of reducing delays and improving accessibility of civil proceedings, and of reducing their cost were to be found  [14]  . On 26th April 1999 New Civil Procedure Rules and the accompanying Practice Directions came into force. These rules constitute the most fundamental reform of the civil justice system in the 20th century, introducing the main recommendations of Lord Woolfs final report. He described his proposals as providing A new landscape for civil justice for the 21st century  [15]  . Woolf Reforms- The need for reform The whole ethos of the Woolf reforms is woven around avoiding litigation and promoting settlement between parties  [16]  . While it shall be analysed in detail whether the much needed reforms fulfilled their purpose or not, it can be stated in the affirmative that the Reforms were very well received by various quarters of the legal profession  [17]  . However, the reforms have not escaped criticism and one of their outspoken critics is Michael Zander. The inquiry by Woolf published its final report in 1996 and thereafter the proposals resulted in the Civil Procedure Act 1997 and the Civil Procedure Rules 1998, which are the same  [18]  for the County court and High Court. It needs to be clarified here that the changes sought by Woolf Reforms bear effect primarily through the Civil Procedure Act 1997 and the CPR 1998, although these have been supplemented by new practice directions and pre-action protocols  [19]  . Lord Woolf, when he began his examination of the Civil law process identified diverse problems  [20]  . His interim report of June 1995 sates that the key problems facing civil justice today are cost, delay and complexity, these three are interrelated and stem from the uncontrolled nature of the litigation process. In particular there is no judicial responsibility for managing individual cases or for the overall assessment of the civil courts  [21]  . Heilbron Hodge, who called for a radical appraisal of the approach to civil litigation form all its participants, paved the way for Woolf report and accompanying reforms . It was forewarned  [22]  by Lord Woolf that without effective judicial control the adversarial process of the civil courts was likely to degenerate into an environment in which the litigation process is too often seen as a battlefield where no rules apply immediate effect of which would be disproportionate expense and unpredictable delay  [23]  . Being conscious of all these problems, Lord Woolf envisaged a New Landscape for Civil justice which included: Litigation will be avoided wherever possible, litigation will be less adversarial and more co operative, Litigation will be less complex, the timescale of litigation will be shorter and more certain, the cost of litigation will be more affordable, more predictable, and more proportionate to the value and complexity of individual cases, parties of limited financial means will be able to conduct litigation on a more equal footing, there will be clear lines of judicial and administrative responsibility for the civil justice system, Judges will be deployed effectively so that they can manage litigation in accordance with the new rules and protocols, the civil justice system will be responsive to the needs of litigants.  [24]   For paucity of space I shall be discussing the main reforms that have an immediate effect on cost and delay: Pre-Action protocol, Part 36, Judicial Case Management and ADR. These were the brainchild of Lord Woolf, in this context I will compare Judicial Statistics as regards the impact of these reforms and will also evaluate the criticisms meted out to these reforms from various quadrants. The proposed objective of all these reforms was to encourage settlement, avoid litigation, encourage parties to be less adversarial, more cooperative, reduce complexity of litigation, reduce delay, and reduce cost.  [25]  It is but utmost important to discuss the reforms to see whether these objectives have been met or not. Pre-action Protocols The idea was pioneered by Lord Woolf and can be considered as one of the most important innovations of the Woolf Reforms. Pre-action Protocols focus on the conduct of parties in the pre litigation stage which will be taken into account by the courts both during the case and also towards the end when the final decision regarding allocation of costs is taken. Pre-action protocols serves an effective means to this end as they are accompanied by the practice directions which describe their chief objective as encouraging exchange of early and full information about the prospective claim, avoiding litigation by promoting settlement and where litigation emerges as the last resort, to support its efficient management  [26]  . It was stated by Lord Woolf in the Final report on Access to Justice (1996) that Pre-action protocols are intended to build on and increase the benefits of early but well informed settlements  [27]  .Clearly one can say that if parties know everything before han d, it does promote a healthy environment by way of co-operation and the civil litigation process can be avoided. There have been 9 pre-action protocols produced so far covering vast areas of practice such as personal injury, medical negligence and housing  [28]  . By 2003 they also existed for construction and engineering, defamation, professional negligence and judicial review. The purpose of these protocols was to  [29]  set down pre-court procedures, encourage good communication and early settlement. Further these protocols cast a duty on the claimant to give the defendant details of the claim and on the other hand the defendant must respond to these claims within a stricter period of time. The protocols state that the key documents on which the partys case wholly rests must be disclosed at an early stage. Both the defendant and the claimant must agree on the use of an expert witness where relevant. If the parties fail to comply with these pre-action protocols the immediate result is penalty whereby the party at fault must pay some or all costs of the proceedings.  [30]  Claims however, should not be issued until at least three months after the initial letter of claim wherein the claimant has written to the prospective defendant disclosing his claim  [31]  . Evaluation/impact of the protocols will be carried out in the next section but it should be mentioned here that although pre action protocols may be expensive and can lead to front loading of costs in cases which would settle without them, they might be able to prevent the unnecessary costs of issuing proceedings and listing for hearing in the same cases. Another benefit that follows from the protocols could be that they might give the parties a healthy nudge towards Alternative Dispute Resolution  [32]  . Part 36: An Innovative Approach The Woolf Reforms instituted Part 36 which provides greater incentives for the parties to settle their differences mutually. Under Part 36 procedures exist for either party to make an offer to settle their disputes and these were significantly revised with effect from 6th April 2007. Now a part 36 offer can be made before the proceedings start as well as in the appeal proceedings. In this regard Offeror refers to the party making the offer and the Offeree is the one receiving it. Upon acceptance of an offer by the claimant a duty is cast on the defendant to pay the sum offered within 14 days, failure to do so would allow the claimant to enter judgement. Also, any pre- action offer to settle while making an order for costs will be taken into consideration by courts. A side refusing it will be treated less generously and this usually applies to offers which are open to the other side for at least 21 days after the date they were made. Lord Woolf suggested that for a settlement offer to qualify as an offer under Part 36 it must be made in writing with the intention to have the consequences of part 36. As regards Defendant making the offer, a period of not less than 21 days must be specified whereby the defendants liability for claimants will be established if the offer is accepted. Under the revised Part 36 however, any offer may be withdrawn after the expiry of the relevant period, as defined in Rule 36.3.1.c, without the courts permission  [33]  . Michael Zander states that when the defendant pays a sum of money into the court account as an offer of settlement, the case would end upon acceptance of the money. However if the offer is refused by the claimant, the defendant can still increase his payment-in. Upon further refusal the case will go to trial and the outcome will be determined by the court. If the Claimant does not recover more than the amount paid in, the court will order him to pay the cost of both sides from the date of payment-in. It would be worth mentioning Calderbank letters here because technically the system applies only to cases which concerned damages or other money claims whereas under these letters if the defendant makes an offer of settlement without prejudice save as to costs it would virtually be treated by the courts in the same way as if it was payment into court. Pre -CPR this rule 36 was applied inflexibly. Post 1999 the courts are able to mitigate the harshness of the traditional rule where the cl aimant was automatically ordered to pay the cost of both the sides upon failure to secure more than the amount paid in by the defendant. New rules now provide for the Claimants offer, which was considered to be a big change. For money claims Part 36 payments apply, however, where the claim is not monetary, the defendant can still make a part 36 offer (as opposed to part 36 payment) and thereafter the same basic rules shall apply. However the courts discretion  [34]  applies. All in all allowing the claimant to make an offer of settlement under the CPR has proved to be a welcome step  [35]  . The analysis of Part 36 will be discussed in the next section. Judicial Case Management: Striking a balance This is the most significant innovation as it was perceived by Lord Woolf that case control by judiciary, rather then leaving the conduct of the case to the parties, will bring the cases to trial quickly and efficiently  [36]  . It can be seen that the litigants in this new system will have much less control over the pace of the case than in the past. As the case is now subject to a timetable, parties will not be able to draw out proceedings and cause delays. A positive duty is cast on the court which means  [37]  : Civil Procedure Rules 1.4(1) encouraging parties to co-operate with each other in conduct of the proceedings, identifying the issues at an early stage, encouraging parties to use ADR, helping parties to settle whole or part of the case. Under the CPR Cases must be assigned to 1 of the 3 tracks: small claims, fast track or multi-track, each having its own separate regime depending primarily on the financial value of claim  [38]  . Limit for small claims cases is  £5,000 except for personal injury and housing cases where it is  £1000. Proportionate procedure is followed where straight forward claims with a financial value of not more than  £5,000 can be decided without needing substantial pre hearing preparation or formalities of substantial trial and also without incurring large legal costs  [39]  . These procedure under small claims are controlled by district judges on informal basis  [40]  . Cases involving amounts between  £5,000-15,000 are dealt here unless they are deemed unsuitable. The fast track procedure incorporates a set timetable of no more than 30 weeks to trial, limited pre-trial procedures, trials restricted to no more than 3 hours (which was further extended to 5 hours), restrictions on oral evidence form experts and recovery of standard fixed costs  [41]  . Cases involving amounts exceeding the fast track limit or cases with lesser amounts which are considered complex or to o important for small claims or fast track cases are dealt with here  [42]  . Evaluation of the impact of judicial case management on reduction in cost, delay and complexity will follow in the next section. ADR, though not part of the traditional Court system, has been brought in connection through the CPR. Lord Woolf in his Final Report urged that people should be told and encouraged to resort to a growing number of grievance procedures, or the ADR before taking up legal proceedings. These ADR feature prominently in the rules and CPR 1.4(1)  [43]  states that the court must further the overriding objective by actively managing cases. However, Lord Woolf commented that ADR cannot be imposed compulsorily on parties at dispute in civil litigation  [44]  . There are no complex court procedures to be adhered to while using ADR and also it saves a lot of time and avoids ever escalating litigation costs. Experts evidence was another area with which Lord Woolf was concerned. It was contended by him that expert evidence was a major cause because of which excessive expense, delay (in some cases) and complexity increased. He wanted to do away with the system where both the parties could appoint their own experts, rather he envisaged a single expert who would owe his allegiance to the court rather than to the parties. Given the criticism of his proposal he admitted that though a significant shift towards single experts is not immediately possible, nevertheless it was possible to initiate a shift in that direction  [45]  . Impact/Evaluation of the Reforms Before evaluating the reforms it may be stated in the affirmative that the Overriding Objective of the new CPR was to enable the courts to deal justly with the cases. CPR rule 1.1(1) reads: These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly  [46]  . The combined effect of the major reforms was to avoid parties going to litigation and to promote settlement. This merit analysis based on empirical data wherein the major focus is to evaluate reduction in cost and delay. Early evidence reveals success on the part of these radical changes as, there was 25 % reduction in the number of cases issued in the county courts in May August 1999 which in comparison to the same period in the previous year was much less. This further fell to 23 % by the end of January 2000. Lord Phillip stated that the reforms have proved to be effective in changing the whole ethos of litigation but litigation itself is still expensive. It was commented by Gary slapper et al that overall reforms can be seen as a triumphant step in the right direction as larger proportion of society is able to achieve greater access to justice especially when the issues at dispute are relatively small and can be dealt with quickly and cheaply in the small claims track. However, t he reforms do not fare that well where complex commercial disputes are concerned.  [47]   As a result of the reforms many positive changes have occurred, the culture has become less adversarial, there is better exchange of information between the parties before the start of litigation and settlement now focuses on the substantive issues in the case  [48]  . Cards on table culture, as it can be called, is a major factor leading to settlement. Communication and exchange of information at an early stage always help  [49]  . Furthermore, claimant offers under Part 36 were praised as claimants could now obtain a response from the defendant and defendants also benefitted from them as they could set upper limits to the bargaining. Protocols, by focussing on formulating clear ground rules on the basis of which claims are formulated and responded to, encouraged parties to focus their minds on the key issues at an early stage  [50]  . File survey undertaken by Goreily et al revealed that median time in case of medical report to settlement had fallen from 170 days pre Wo olf to 123 days post-Woolf, thereby reflecting that settlement has become quicker  [51]  . In case of large claims which were subject to court timetables, solicitors thought the speed has become quicker. As regards cost it was acknowledged that costs increased because of front-loading as now more work is required to be done during the initial stages  [52]  . Evidence regarding protocols suggested that it had some impact in reducing costs as earlier exchange of information could lead to speedier settlements because both sides become aware of the issues much sooner. Case management evaluation however, received a mixed response. Experience in relation to High Court Masters in London was perceived as positive and leading to a greater incentive to reach agreement before hearing. However, outside London the experiences were not that positive  [53]  . Judicial statistics reveal that the number of claims have fallen to less than 1,90,000 in 2005 as compared to 2,20,000 in 1998. All this has happened since the coming into force of the Woolf reforms, though favourable economic climate may also account for this  [54]  . Cases have diverted from being litigated in the courts as a result of the use of pre-action protocols and claimant offers under part 36 which encourage pre-trial settlements, causative effect being that only 8% of cases which are listed for trial settle during the course of trial and 70% settle much earlier. This is suggestive of the fact that the reforms have been a positive step towards out-of-court settlements which have the advantage of providing a quick/speedy end to the dispute coupled with a reduction in costs  [55]  . First evaluation of the new Civil Procedure Rules by the Government  [56]  indicated the overall benefits of reforms whereby it was stated that cases are settling much earlier and not at the courts doorstep. Litigation is regarded as the last resort by lawyers and clients who now make greater use of ADR. Pre-action protocols were believed to be a success. All these findings are further supported by the latest research  [57]  into the civil justice system  [58]  . A major official study published by the institute of Civil Justice at the Rand Corporation in California (Kakalik et al, 1996) looked into the effect of American Civil Justice Reform Act 1990 based on a survey of 10,000 cases. And found that early use of Judicial case management can yield reductions of one and a half or 2 months to resolve cases that would otherwise last at least 9 months. Discovery timetables further reduce time to disposition and also the number of hours spent by a lawyer working on the case. However one drawback is that case management will ultimately lead to an approximately 20 hour increase in lawyers work overall  [59]  . Only 2 proper research studies on the impact of Woolf reforms have been there so far. The first one was carried out for the Civil Justice council and the Law Society (Goreily et al.)  [60]  on pre -action behaviour. The second for Department of constitutional affairs by Professors Peysner and Seneviratne  [61]  dealt with the case management  [62]  . It was contended on the basis of this second research that protocols generate co-operation, and help prepare cases in a organised way and also discussed widespread employment of single joint experts and that days of hired guns are over.  [63]  . It is important here to mention the benefits accruing as a result of the Woolf Reforms which have been validated from a variety of sources  [64]  : Culture seems to be less adversarial which reflects a better future, Pre action protocols have received laudable applause, Part 36 offers and payments seem to promote healthy settlement, single joint experts seem to work better in contrast to views of critics. Judicial Statistics reveal that average waiting time in county courts from issue of claim to trial has reduced form 85 weeks in 1998 to 52 weeks in 2005  [65]  . Analysing Statistics from Department of constitutional affairs, Reynolds Porter Chamberlin (RPC) a large city law firm found that in the first year of the reforms there was a 41.3 % drop in cases being litigated and in the following 5 years(in 2005) it further declined to a drop of 1.7%  [66]  . District Judge Terence John being sceptical however, stated that the reforms have changed the civil legal world for better and are here to stay. He further observed that 70 % of the claims are being dealt through the small claims track and 20 % through the fast track; all this makes recourse to justice realistic  [67]  . Also Judge Charles Harris QC commented, trials are held pretty briskly as a result of case management which restricts incompetent litigators to prolong the case.  [68]   Criticism A major criticism of the Woolf reforms was mounted by Zander who opined that there is immense pressure  [69]  on parties to enter settlement once the case begins. Empirical evidence suggests that it is not necessary that pre-trial hearing will reduce cost and delay  [70]  . Further report by T. Goreily et al suggests that overall time before and after reforms have remained the same  [71]  . (However it may be stated, further empirical data on delay as a result of reforms a

Liberalization :: essays research papers

Is liberalizing Waynia in the best interest of the country I believe it definitely is. When you look at all the positives that come from being a part of a liberalized country, it is the clear-cut choice. Free trade is something that comes with being liberal. When you see how free trade can open up so many new markets to you and your country, you’ll see that it is the only choice. Along with free trade, you need to look at how conservatives think that input into political matters when you’re not a noble or king is bad. Liberal belief is that contribution of thoughts and ideas coming from all people is a good thing. If you have an idea about how you could reduce taxes, or how you could remove tariffs restricting your business then by all means, let it out. That is the great thing about liberalization; freethinking is encouraged to help better supply your country with your own opinions. The final thing I want to harp on is freedom from religious persecution. You no longer have to worry about who to worship, or how to worship, but rather take into account all religious thoughts and chose for yourself what suits you best.   Ã‚  Ã‚  Ã‚  Ã‚  From a financial point of view, now that you’re in an industrialized nation, wealth is no longer associated with only the land you possess. Now that a currency is used to represent your wealth, you’re going to want as much as possible. Liberalization preaches free trade, and free trade is the building blocks for a successful business. If you look at the second article in the Declaration of the Rights of Man, you’ll see that you have the right to liberty, property, security, and resistance to oppression. This means that you have the right to trade and barter with whomever you choose. With this freedom you have the opportunity to get the highest asking price when selling your product because you’re not limited to who you can and can not sell or trade with.   Ã‚  Ã‚  Ã‚  Ã‚  Article eleven in the Declaration of the Rights of Man states â€Å"The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.† What that’s telling you is that your ideas and opinions are important to the country.

William Shakespeares Presentation of the Two Pairs of Lovers in Much A

William Shakespeare's Presentation of the Two Pairs of Lovers in Much Ado About Nothing 'Much Ado About Nothing' would have been pronounced 'Much Ado About Noting' in Shakespeare's time. Noting would infer seeing how things appear on the surface as opposed to how things really are. This provides an immediate clue as to how the play and the presentation of the story of the two pairs of lovers would be received by an audience of the time, living as they did in a patriarchal society which was based on social conventions and appearances. It can also be taken as an initial comment by Shakespeare about that society and its values and moral codes. Modern audiences, however, live in a more sexually egalitarian society. Although appearances are still important, values are more dependent on self-analysis and self-knowledge. It is significant that the story of Hero and Claudio, the first of the pairs of lovers, is one that Elizabethan audiences would have probably been familiar with. Ariosto and also Spenser in the 'Faerie Queene' had presented this love story as a tale of chivalry and high morality. Therefore the audiences of the time would be familiar with the conventional characters of Claudio and Hero. Hero displays all the qualities the Elizabethan audience would have admired in a woman. She knows her place in society. Her father is there to be obeyed, and she herself recognises how she should be punished were the charges against her proved to be true, ' O my father Prove you that any man with me conversed à ¢? ¦Ãƒ ¢? ¦ Refuse me, hate me, torture me to death.' There is an absence of dialogue b... ... upon flouting conventions as discussed. In 'Much Ado About Nothing', one may argue that Shakespeare decided to have two sets of lovers to provide the audience with contrasting perspectives on similar situations. One may also argue that the two contrast between what was expected at the time against the unconventional. In both cases Shakespeare's presentation of the relationships between these two pairs of lovers implies criticism of his shallow society and its conventions. Perhaps he set the story in Italyas he may not have wished to upset his benefactors at home. Modern audiences may only perhaps gain an appreciation of this element in 'Much Ado About Nothing' as a study of Elizabethan society. Their empathy and interest may therefore be based to a greater degree in the characterisation of Benedick and Beatrice.

Sammy the Social Climber in John Updikes A&P :: A&P Essays

Sammy the Social Climber in A & P Men will go to extreme measures to impress women. This is the case in the story "A & P" written by John Updike. Sammy, who is a cashier at a supermarket, displays a classic example of a man trying to impress a woman. His rash decision to quit his job was a bad decision and will definitely have an adverse effect on him in the future. Sammy seems doomed from the very first sentence when he says, "In walks three girls in nothing but bathing suits" (Updike 1026). He notices every little detail about the girls from the color of their bathing suits to their tan lines. At this time he is checking out "one of these cash-register-watchers," and he is yelled at for ringing up her item twice (Updike 1026). This distraction from his job shows his interest in the girls, especially the one he calls "Queenie." To Sammy’s delight, Queenie and her two friends pick his register to purchase the "Fancy Herring Snacks in Pure Sour Cream" (Updike 1027). When she puts the snacks down on the counter, Sammy notices that her hands are free. While he is wondering where the money is going to come from, she proceeds to pull the dollar bills "out of the hollow at the center of her nubbled pink top" (Updike 1027). This gesture puts Sammy in total awe of the girl, and this is the turning point, this is when he makes his decision that he should try to impress her. His big chance comes when the store manager, Lengel, makes a visit to Sammy’s line. "Girls, this isn’t the beach," is the first thing Lengel says to the girls when he sees them (Updike 1028). Queenie explains that her mother sent her to pick up some herring snacks, implying that since her mother sent her it is perfectly fine for her to be in the store with only a bathing suit on. While Lengel and Queenie are arguing, Sammy visualizes himself at Queenie’s house during a party. In his imagination he sees, "her father and the other men were standing around in ice-cream coats and bow ties and the women were in sandals picking up herring snacks on toothpicks off a big glass plate and they were all holding drinks the color of water with olives and sprigs of mint in them" (Updike 1028).