Similies and metaphors Essay Example

Similies and metaphors Essay At San Antonio he was like a man hidden in the dark. This is a simile which means that Jack Potter feels like a criminal. Thus, he believed that â€Å"He had committed an extraordinary crime.† This statement means that Jack believes that his method of marrying is similar to the way a criminal may act. A criminal will be hidden in the dark to kill his prey. Therefore, Jack went far away from Yellow Sky to meet his bride and actually get married. He got married in a place that is figuratively hidden from his town and his friends. Second, the simile may also describe his willingness to defend his love against everything that his friends and towns people will say against it. He has a knife, according to the simile, and he is willing to use this knife â€Å"to sever any friendly duty, any form†. Unfortunately, this feeling of ease existed only while he was far away from Yellow Sky. We will write a custom essay sample on Similies and metaphors specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Similies and metaphors specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Similies and metaphors specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Potters mouth seemed to be merely a grave for his tongue. This means that he was unable to speak. The tongue is usually associated with the ability to speak. The mouth is also necessarily for speaking because people move their mouth when they speak. However, Jack was unable to move his mouth to speak. The tongue just lay at rest inside his mouth. It is compared the unmoving state of a corpse inside a grave. The grave has no other purpose, but to house the corpse. Similarly, Jack’s mouth, at that time, served no other purpose but be a place where his tongue may be located. He sat with a hand on each knee, like a man waiting in a barbershop. This means that he is feeling a combination of being relaxed and impatient. A man in a barbershop is relaxed because he has nothing else to do. He is also impatient because he is waiting for his turn to have his hair cut. Thus, he merely sits waiting with â€Å"a hand on each knee†. This is how Jack looks like while sitting in the couch. He looks and actually is relaxed and impatient. He is relaxed because he is married. He is impatient because he has to tell his town about his marriage. It was a heavy and muscle-bound business, as that of a man shoeing his first horse. It means that it [fumbling a coin and giving the coin to the porter] was very difficult for Jack to do. A man shoeing a horse for the first time does not have the benefit of experience to make the task easier. This is made harder by the natural tendency of a horse to be restless and uncooperative to such tasks. This shows the level of difficulty that Jack had to endure. However, the difficulty referred to may be psychological or emotional, rather than physical. METAPHORS She was a slave to hideous rites gazing at the apparitional snake. This means that Jack’s wife is unable to move and do anything. When a slave is offered to a god or is witness to a hideous rite to appease the gods (such as gods coming in form of snakes), the slave is unable to do anything. This may be due to a combination of shock or lack of power. He was a simple child of the earlier plains. This means that Scratchy found it hard to adjust to the fact that Jack was already married. Like a child of the earlier plains, his knowledge about the aspect of Jack marrying a girl is very simple. Therefore, the marriage becomes a very big surprise. It involves something unfamiliar. It is like something that people will not normally see in earlier plains. Therefore, when faced with these new things, Scratch, like a simple child of the earlier plains, found it difficult to believe and adjust to them. This difficulty in adjustment caused the confusion felt by Scratchy and his inability to give proper reactions.

Custom as a Source of Law M P Jain Essays

Custom as a Source of Law M P Jain Essays Custom as a Source of Law M P Jain Essay Custom as a Source of Law M P Jain Essay INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the â€Å"Case Method† (c) The Case Method from Student’s point of view. The following extracts are from: (a) Stanley V. Kinyon, How to Study Law and Write Law Examinations (1951) (b) Edward H. Levi, An Introduction to Legal Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law School (Un-published ) (The essay is based on comments made orally to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 while the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY What is this thing â€Å"Law† which you are about to study? What is the nature of the subject and what are you supposed to learn about it? In one sense, the â€Å"law† is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience, have been worked out by governmental bodies to regulate human activities and define what is and what is not permissible conduct in various situations. We use the term in this sense when we say that a person â€Å"obeyed the law† or â€Å"broke the law† and a great deal of your work will be devoted to a study of the rules and regulations applicable to different areas of human activity. Such rules and regulations are sometimes found in our state and federal constitutions, more often in statutes, sometimes in administrative rulings, and in many instances have been developed by the courts themselves in the process of deciding the controversies that come before them. The term â€Å"law†, however, is also used in a much broader sense to denote the whole process by which organized society, through government bodies and personnel (legislatures, courts, administrative tribunals, law-enforcement agencies and officers, penal and corrective institutions etc. attempts to apply these rules and regulations and thereby establish and maintain peaceful and orderly relations between the people in that society. For example, when there is evidence that some person has killed another, or has robbed or stolen or done some other act disruptive of the public peace of welfare, not only do we assert that he has broken the law but we expect that the appropriate agencies of government will in accordance with the rules of law, apprehend and 2 Legal Profession and the Advocates Act, 1961 ring him before the proper court, conduct a fair and orderly trial to determine his guilt or innocence, and if he is guilty, prescribe and carry out appropriate corrective or punitive measures. Even where no public offence is involved, as where John Smith has an automobile collision with Joe Jones, or breaks a promise made to Joe interferes with his property, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to â€Å"take it to court† for a peaceable decision in accordance with the established rules of law. This whole legal process is carried on through the various organs of government by a large number of people legislators, lawyers, judges, police officers, administrative officials, and many others, most of whom must be intensively trained in various aspects of the system. Law schools are engaged primarily in training future lawyers, judges and others who will operate this legal system. Thus the study of law necessarily involves not only a study of legal rules but also a study of the whole legal system through which society attempts to maintain â€Å"law and order†. For, too many students get off on the wrong foot in law school because they dont understand the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you know by heart all the decisions and rules you have studied in a course you can still flunk the exam. After all, you learned the multiplication tables-not merely to be able to recite them like a poem but to enable you to solve problems in arithmetic. Likewise, you are learning rules of law and studying the court decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesnt make any difference whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and apply. To be specific you must learn how to take a particular problem accurately classify it as it would be classified by a legal tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the same conclusions and arrive at the same solution as the legal tribunal would, to carry on your own affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself. If, on the other hand, you know a lot of legal rules but can’t apply them and work out a reasonably accurate solution of the everyday legal problems you run into, you simply havent learned what a lawyer has to know. Consequently, whenever you are reading a law book or discussing a problem in class or reviewing, keep this one thing in mind youre not merely memorizing what the courts and legislatures have said and done in the past. That’s history! Youre trying to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE CASE METHOD OR CASE SYSTEM The Case system is based on the idea that the best way to study law is to study the actual court decisions in various types of cases and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields. The procedure is to have the student read selected cases in casebooks which have been prepared by outstanding legal scholars and then supplement his case reading by lectures, class discussions and a certain amount of outside reading in texts, law review comments and the like. The students work under this system consists mainly of reading and briefing the cases, attending classes and taking notes, and periodically reviewing the work in eac h course). Consequently, if you are studying law under this system you should know the best methods of doing these. Cases and Case Books Before you can properly read and brief the cases in your casebook, it is essential that you understand what they are, how they came to be written, where the author of your case book got them, and what is in them. In some schools this is adequately explained when you start the first years work. In others it is not, and therefore it is probably worthwhile to explain these things here briefly even though some of you may already known them. You obviously cant read cases intelligently unless you know what they are. Cases, as we shall use the term in this discussion, are the published reports of controversies which have come before the courts, including the courts decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (courts deciding cases appealed from lower courts). Trial court decisions (those rendered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public distribution, except in the Federal courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, etc. n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial remains in short hand in the court reporters notebook unless a case is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also usually submitted by each party to that court setting forth the arguments pros and cons and the authorities relied on. Each party then has an opportunity for oral argument before the appellate court judges at a time prescribed by them. After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. One of them is assigned the task of writing a statement of the decision and the court’s reasons for making it. This is called the opinion, and when he has finished writing it, he submits it to the other members of the court who either approves it, suggest changes, or dissent, in which case they may write a dissenting opinion of their own. After the majority of judges have approved an opinion, it is â€Å"handed over† together with any dissenting opinions. Then, it is given out to the parties and made public in the one way or another. 4 Legal Profession and the Advocates Act, 1961 After they are published, these opinions of â€Å"cases† are customarily referred to or â€Å"cited† by giving the name of the case, the volume number, name and page of the state report in which it is published if it was decided by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page of any other selected case series in which it may have been published and the date it was decided. The Case books which you use in school are made up principally of selected cases taken from these reports (or from English or British Empire reports) and arranged or grouped according to the type of controversy involved in the case, sometimes the author of the case book reproduces the whole opinion verbatim as originally published, sometimes he omits parts of it not regarded as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is always indicated. Therefore a case you read in your case book is normally, an exact copy of what some judge has written in explanation of his courts decision in a particular law suit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to find in a case and what the judge normally puts or tries to put in his opinion. 1. The first thing you will usually find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an action of tort for damages, an action for breach of contract, or to recover land, etc. This is usually accompanied by an explanation of how the case got to this particular court; whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or defendant appealed, and to just what action of the lower court the appealing party is objecting. . The next thing you will usually find is a statement of the facts of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the facts, but judges are not always careful to do this and you will frequently find the facts, strewn throughout the opinion. Thus you can never be sure you know all about the controversy until you have read the whole opinion. Sometimes the statement of facts is made categorically on the basis of the courts or jurys findings of fact; sometimes it is made by stating what the plaintiff and defendant alleged in their pleadings; and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in whatever form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the question or questions the court is called upon to decide the various issues (either of law or fact) which must be settled before a decision on the controversy can be reached. Any of you who have done any debating, understand issues, the breaking up of Introduction To The Legal Process 5 a general problem into specific sub-problems. Some judges are very careful to state the issues clearly; others will leave them to inference from the discussion, or else wander around from one thing to another and leave the precise questions they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and cons. This is where logic comes into play. You will recall that there are two main types of logical reasoning inductive and deductive. Inductive reasoning involves the formulation of general propositions from a consideration of specific problems or observations; deductive reasoning involves the application of a general proposition already formulated to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducting the decision on the issue from the general rule. If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its scope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues similar to those in the present case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the Courts decision. For example: â€Å"Judgement affirmed†, â€Å"Judgement reversed†, â€Å"Case remanded†, â€Å"New trial ordered† , etc. It is to be remembered, of course, that legal opinions do not all follow the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular method of resenting a legal argument. Some opinions are not as easy to understand as others and it would be erroneous to assume in reading them that they are all perfect. Courts frequently disagree as to the principles that ought to be applied in certain types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not trying to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most likely to be applied by them in future cases of that type. Now, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. Its not a bad idea, however, to adopt a systematic method of reading them: The following has proved effective, and you might try it as a starter. First get a clear picture of the controversy involved. Get all the facts and issues straight. Consider the following: 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is, Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if its a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiffs point of view, then from the defendant’s. Ask yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What result do they indicate ought to be reached here. By doing this you put yourself in a better position to read the courts argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the courts argument is a rather effective means of keeping a critical attitude. Now read the argument and the court’s conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules. Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case lines up with other similar cases you have studied. In thus analyzing the courts argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by the court in deciding the issues involved in the case (these are called â€Å"holdings†) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called â€Å"dicta†). When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and hold with that view. Dicta, however, not being relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it casually without considering all aspects of the problem. Courts in each jurisdiction regard their own prior â€Å"holdings† as creating binding precedents which they feel obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and predictability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus the former case containing the dictum is not a controlling â€Å"authority† on the question although it may be followed in later decisions. Introduction To The Legal Process 7 THE CASE METHOD FROM THE STUDENTS’ POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the â€Å"case method† of teaching in several Indian Law Faculties. The â€Å"case method† sometimes called the â€Å"discussion method† is a term that has been used to describe a wide variety of teaching methods, but the one common element of these methods usually is the use of actual court opinions as the basis of analysis and discussion in the law classes. The advantages of the â€Å"case method† do not have to be repeated at length here. Eminent Indian scholars have already commented on those advantages. Suffice it to say that one basic purpose of the method is to engage the student himself in the process of thinking through the meaning and implication of legal principles as set down in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the basis of legal rules and the teacher assumes more the role of protagonist and discussion leader, asking question to students, debating points with them, sometimes playing the devils advocate to force students to think for themselves. The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, and who have and analysed those cases. Further more, the students activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is used, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is used as a teaching technique, examinations usually take the form of hypothetical fact situations, i. e. hypothetical case, calling upon the student to decide the case and give his reasons, or calling upon the student to play the advocates role and write the best possible arguments for one side or another of the case. Each student has his own unique way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it might be useful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his needs. These study methods can be divided into five parts: 1) study before class; 2) the classroom discussion; 3) study or review study after class; 4) preparing for the examination; 5) writing the examination 1. Study before class: Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understand that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases. If the student approaches his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students’ practice in the case method is often to use a key or guide for analysing law cases. The key or guide has four parts: the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a â€Å"case brief†. Let me be more specific. The case brief (which many law teachers require students to prepare on paper in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentioned above, as follows: F: (Facts: a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q: (Question: a one line question formed to pose the major issue in the case). D: (Decision: The court’s holding: Something this can be â€Å"Yes† or â€Å"no† in answer to the question. The courts order can then be stated, e. g. â€Å"affirmed†, â€Å"appeal dismissed†, etc. R: (Reasons: Here the reasons can be listed in number outline form). The whole case brief should be indeed â€Å"brief†, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he won’t feel it is necessary merely to copy out, word by word, any portion of the case. The emphasis in all such preparation should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one students case brief of this case. You will note that abbreviations are used whenever possible. (df = defendant; pl = plaintiff: lc = lower court; tc = trial court; ap = appeal, etc. ) F: Subscription for mosque f MAK was treasurer He pledged Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAKs heirs both for MAKs pledge and for JM’s cheque amount. Later MJK died. Introduction To The Legal Process 9 P: facts: (procedure facts): tc for pl on MAK pledge, for df on JMs cheque question App. Ct for pl on both. : Q: Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D: No to both (Dismiss both causes) R: Ist Cause of Action, the pledge: â€Å"mere gratuitous promise†, no consideration. MAK as Treasurer? but he did not â€Å"set aside† funds. 2nd Cause of Action cheque mishandling: No duty to handle correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian Contract Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case. He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process. This is the first step of effectively learning through the case method. 2. The Classroom Discussion: In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief. Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or â€Å"precedent† value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper. If the brief takes about one-half page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy reference at a later stage. 3. Study or Review after Class: It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to one’s notes, and to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of â€Å"outlining† the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this â€Å"raw material† into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method. Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to him for memorization. It is the process of doing this for himself that brings insight and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before turning to someone elses work. If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Examination: At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as needed to refresh his recollection. One effective technique of studying at this stage, which many students use, is a small discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination: Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer. Be ruthless about stopping at the end of a half hour on a question, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysing and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write. Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the â€Å"case method†. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additional points that may be useful in studying under the case method. It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain â€Å"what is the law†, in some general abstract sense. There are other relevant questions which can be posed also, such as â€Å"What should Introduction To The Legal Process 11 be the law†. For example, consider the following four approaches to a particular case or fact situation, taken partly from the actual work of a practicing lawyer. First might be called the â€Å"planning transacting† approach. In a given situation, a lawyer may be called upon to advise a client about the best way to go about some business or personal activity. At this stage the prime consideration is getting the objectives accomplished with the least risk of something going wrong. If the problem is drafting a contract, or preparing a will then the lawyer will need to know what the problems and pitfalls are so that he can word the language of the instrument in such a manner as to avoid future controversy or litigation. He may not, at this stage, need to know precisely what the law is regarding each of his problems (the law may, indeed, be unsettled on those points), but he must be able to spot the problem so that he can avoid it. Second might be called the â€Å"predicting† approach. In some circumstances the lawyer is called upon to perform a task which basically is to predict how a court might rule on a question. Justice Holmes, in the U. S. is quoted as saying that law is nothing more nor less than a prediction of what the courts will do in a particular circumstance. The situation like this arises when a client comes to a lawyer with a dispute which has already arisen, and asks the lawyer whether he should sue in court. The lawyer may advise the client partly on the basis of his prediction whether the client will win. To a certain degree this is stating to the client what the law â€Å"is†, since the lawyer knows that the courts decision will be based on that law. Third might be called the â€Å"advocacy† approach. For instance a client has decided to bring a law suit (either with or against his lawyer’s advice). Now it is the lawyers task to do the best job of advocacy which he can do for his client. Under the adversary system of courts which we have, this is a very important function, because the philosophy is that if each side presents their best possible arguments, the courts will be able to rule more justly on the issue. But here the lawyers function is different from that of the two previous approaches. In this approach it is his task to marshal the strongest arguments, not to predict, nor to â€Å"avoid† problem issues. Fourth, and finally, comes the â€Å"judicial† or â€Å"legislative† approach. In this instance the lawyer (as a judge, legislator, member of a commission or committee, etc. ) is called upon to give his view as to what the law should be. Once again, this approach differs from the previous ones described. Each of those tasks or approaches requires skills a bit different from the other. It is important for the law student to develop his talents in each of these directions. One way of doing this is to occasionally analyse a case, either in his private studies or in classroom discussion, according to each of these four approaches. As your self, in connection with a particular case on contracts or wills, how could I prepare a similar will or contract, which would have avoided the litigation described in this court opinion? Ask yourself if presented with this case today, or a similar case, how would I predict the courts would decide? Ask yourself, if given the task to argue for the plaintiff which arguments would I use? (Then ask the same question for arguments for the defendant). Finally, ask yourself, what should be the rule of law in that situation? The same analysis can be used in almost any law subject. THE INDIAN LEGAL SYSTEM Joseph Minattur INTRODUCTION To delve among the laws of India is like bathing in the holy waters of Triveni. It leaves one refreshed and delighted; refreshed from the pleasant contact with almost all the legal systems of the contemporary world, and delighted at the hopeful realisation that here in the Indian legal system lie the seeds of a unified, eclectic legal order which may soon grow into maturity and spread its branches, like a banyan tree, all over south and southeast Asia. Three main streams join together to form the Indian legal system. That of the common law is perhaps the most dominant among them. Then there is the stream of laws springing from religion. The third is that of the civil (romanist) law which energizes the system with unruffled ethical verve and accords comeliness to its contours. Trickles of customary laws cherished by tribal societies and other ethnic communities also flow into the main stream. Like the Sarasvati near Prayag, the element of the civil law is not easily perceptible, though it permeates the entire structure. So a word of explanation is perhaps warranted. The very idea to a code appears to have been derived from the codes of continental Europe. When in 1788 a codification of Hindu law on contracts and succession was proposed by Sir William Jones to Lord Cornwallis, it was conceived to be on the model of the â€Å"inestimable Pandects of Justinian†. On 18 May 1783 â€Å"A Regulation for forming into a Regular Code, all Regulations that may be enacted for the Internal Government of the British territories in Bengal† was passed by the Governor-General and Council, some eight years earlier, in 1775 Warren Hastings had A Code of Gentoo Laws or Ordinations of the pundits prepared and translated by Halhed a Judge of the Supreme Court at Calcutta. The same year Bentham offered to act â€Å"as a sort of Indian Solon† and thought of â€Å"constructing an Indian Constitutional code†. James Mill, one of his disciples at India House thought that his Draught of a New Plan for the France was applicable to India. Speaking on the Charter Bill of 1833 Macaulay said: I believe that no country ever stood so much in need of a code of laws as India, and I believe also that never was a country in which the want might so easily be supplied. Section 53 of the Charter Act, 1853 declared that it was expedient: that such laws as may be applicable in common to all classes of the inhabitants ue regard being had to the rights, feelings and peculiar usages of the people, should be enacted: and that all laws and customs having the force of law should be ascertained and consolidated and, as occasion may require, amended. The first Law Commission immediately after its appointment in 1833 with Macaulay as its President took up the task of c odification. Under Macaulay’s personal direction it prepared its first draft of the Indian Penal Code and submitted it to the Governor-General in Council on 14 Legal Profession and the Advocates Act, 1961 3 October 1837. When there were complaints that the progress of the Commissions work was unsatisfactory, Macaulay compared its progress with that of the authors of the French codes. He pointed out that though the French Criminal Code was begun in March 1801, the Code of Criminal Procedure was not completed till 1810. It is also interesting to find half of the last century were on the same branches of law as were the French codes enacted earlier. Neither in India nor in France was enacted a code on the law of civil wrongs. It is true that there was no comprehensive enactment on torts in England, but then there were no comprehensive enactments in England on any of the subjects covered by the Indian codes. It is not only in cherishing the idea of codification that the British Indian authoritiesexecutive as well as legislative bodies-appear to have been indebted to continental codes. As early as 1686 in a letter sent to Bombay the directors of the East India Company had expressed the view that: you are to govern our people there, being subject to us under His Majesty by the law martial and the civil law, which is only proper to India. The first Law Commission which drafted the Indian penal Code acknowledged its indebtedness to the French Penal code. In a letter of 2 May 1837 addressed to the GovernorGeneral the Commission stated that it derived much valuable assistance from the French code and from the decisions of the French courts of justice on questions touching the construction of that Code. It â€Å"derived assistance still more valuable from the code of Louisiana prepared by the late Mr. Livingston†. The second Law Commission which sat in London from 1853 to 1856 expressed its view that: hat India wants is a body of substantive civil law, in preparing which the law of England should be used as a basis. It, however, emphasised that such a body of law ought to be prepared with a constant regard to the conditions and institutions of India, and the character, religious and usages of the population. It also stated that in the social condition existing in India it was necessary to allow certain general clas ses of persons to have special laws, recognised and enforced by our courts of justice, with respect to certain kinds of transaction among themselves. The Commission gave final shape to Macaulays Penal Code; it also prepared drafts of the Code of Civil Procedure and the Code of Criminal Procedure incorporating into them materials left by the first Law Commission. The Legislative Council adopted the Code of Civil Procedure in 1859, the Penal Code in 1860 and the Code of Criminal Procedure in 1861. The third law Commission, appointed in 1861, was enjoined to prepare for India a body of substantive law, in preparing which the law of England should be used as a basis. The fourth law Commission expressed a similar view when it recommended in 1879 that English law should be 4 Legal Profession and the Advocates Act, 1961 made the basis in a great measure of our future Codes, but its materials should be recast rather than adopted without modification. It, however, added that in recasting those materials due regard should be had to Native habits and modes of thought. The influence of Scots and their law on the framing and adoption of the ea rly British India codes and other enactments deserves to be mentioned. For a number of Scots in the 19th century their prospects were not only along the highway to London, but from there across the high seas to Indian ports. Macaulay himself was of Scottish descent. Even when Scots were members of the English Bar, they were imbued with concepts derived from the civil law system. In the same way a they would prefer to preserve Scots law unsullied by English notions of Legal rule, they were inclined to keep Indian law unsullied by intrusions and erosions to English rules of law and tended to give due regard to native habits and modes of thought. We shall refer to few instances where the influence of the civil law is clearly discernible. Section 11 of the Indian Evidence Act adopted in 1872 could not have been enacted in a fit of absent-mindedness. The section which lays down guidelines to determine relevance in the admissibility of evidence is a clear, and presumably a deliberate, departure from the English rule and brings the Indian law in this respect very relevant and fair. Another provision which is of interest in this regard is section 165 of the Act. Commenting on it, Stephen has said: Section 165 is intended to arm the judge with the most extensive power possible for the purpose of getting at the truth. The effect of this section is that in order to get to the bottom of the matter before it the court will be able to look at and enquire into every fact whatever. The Indian judge appears to be invested with ample powers under the Act to get at the truth and form his own conviction at time. It is not unfamiliar learning that the framers of the Indian Contract Act adopted several provisions of the Draft New York Civil Code. The Contract Act which does not purport to be a complete code only defines and amends certain parts of the law of contract, so that a rule of the Hindu law of contract like Damdupat is not abrogated. The rule stipulates that interest exceeding the amount of principal cannot be recovered at any time. It is still in force in some parts of India. The reason for not interfering with a rule like this must have been the sense of fairness cherished by the framers of the Act, though no such rule existed in English law. In the law of contract, consideration plays a significant role in India as in England. But the words of section 25 of the Indian Contract Act which accords validity to a registered agreement, even though without consideration, appear to reflect the concept of cause in French law. In this brief introduction it is not intended to indicate all departures from English law in the Indian statutes. It may, however, be emphasised that when such departures were made, the legislators were generally induced to do so on consideration of what they thought suited Indian conditions or on considerations of equity. Legal Profession and the Advocates Act, 1961 15 It is generally assumed that India is a common law country. This assumption may have been justified to a certain extent if applied to British India. It is true that many of the concepts and most of the judicial techniques are of common law origin. But there is more than a sprinkling of other concepts and techniques, which cannot be overlooked. Indian codes or judicial procedure owe a great deal to procedure in England. But with the introduction of nyaya panchayats (village tribunals) which are indigenous in origin the English procedure has been virtually replaced at the grass root level. The functioning of nyaya panchyats may not be as widespread as is desired: the fact however remains that at present there is a less formal procedure than the one followed until recent years. There is also general dissatisfaction, if not hostility to the complex, protracted procedure derived from the common law system. With the reign of dharma which may be equated with equity while it comprises the concept of law unopposed to justice, there was no need in India to think of a separate branch of law known as equity detached from common law. We have already adverted to certain departures from English law even when rules of English law were believed to have been codified for the benefit of the Indian people. Neither the expression ‘justice and right’ in the Charter of 1726 nor the phrase ‘equity and good conscience’ or ‘justice, equity and good conscience’ in several regulations and Acts could have meant principles of English law. The Judicial Committee of the Privy Council was careful in its use of words when it pointed out that equity and good conscience had been generally interpreted to mean rules of English law if found applicable to Indian society and circumstances. It has been observed that from 1880 or there about to the present day the formula has meant consultation of various systems of law according to the context†. At present the Supreme Court of India is inclined to think that the phrase has given a connotation consonant with Indian conditions. In the early nineteen sixties a number of territories where the civil law prevailed became parts of the Indian Union. In the Union territory of Goa, Daman and Diu, Portuguese civil law was in force, even after the extension of several Indian enactments to the territory, it is generally the provisions of the Portuguese Civil Code which apply to the people of this territory in matters of personal law. In the former French settlements of Pondicherry. Karaikal, Mahe and Yanam which, when ceded, were formed into the Union territory now known as Pondichery, there are Indian citizens who are governed in matters of personal law by the provisions of the French civil code as they existed at the time of the cession. There are also other renoncants who are French citizens living in Pondicherry to whom provisions of the French Civil Code relative to personal law will apply with all subsequent amendments. In these circumstances, the element of the civil law in the fabric of Indian law cannot be brushed aside as negligible. And this element affects domestic relations which are on negligible part of a citizens life. The customary laws of various tribal communities and other ethnic groups also form part of the law administered in India. To cite one instance: matriliny among the Mappila Muslims of Kerala, though not favoured by the tenets of Islam, is permitted to play a decisive role in the rules of succession applicable to them. In the light of the presence and prevalence of French and Portuguese laws, customary law of various ethnic groups and laws based on religion of the several communities, the introduction 16 Legal Profession and the Advocates Act, 1961 of indigenous judicial procedures in village tribunals and several other factors, one cannot possibly close ones eyes and regard the Indian legal system as belonging to the common law family. It would be more justified to regard it as a mixed system. If Indonesian law with its admixture of customary laws based on religion could be regarded as a mixed system there is no reason why Indian law should not be so regarded. Though the provisions of the French and the Portuguese civil codes relative to domestic relations are in operation in certain regions only, laws grounded in religion or custom are followed all over the country. The mosaic of Indian law may have a large number of common law pieces; but marble quarried from France and Portugal, gold leaves brought from Arabia and clusters of Precious stones gleaned form Indian fields do deserve to be discarded. When India adopts a civil code, under the directive in the Constitution it is likely to be eclectic in character, it may have in it a harmonious admixture of various laws based on religion and customary laws, as well as provisions derived from western codes and the English common law. Owing to its eclectic character and especially because it would attempt to harmonise provisions of personal laws derived from religion prevalent in the region, the civil code may be found worthy of emulation in south and southeast Asia. It may thus pave the way for unification of laws, though perhaps limited geographically in extent. If in ancient days, Indian culture was permitted, without any hitch or demur, to permeate social and political institutions and life in general in this region, there is no reason why Indian legal culture cannot play a similar role in the near future as well. The Indian Prime Minister recently expressed his hope that during the next nine years, India would achieve significant progress in every field and would provide guidance and inspiration to other countries. He also stressed that Indias influence had been increasing in Southeast Asia and West Asia. Even when one is not sure whether the mention of nine years has any special significance, one can hopefully assume that if an Indian civil code is adopted soon, it may tend to guide and inspire legislators in the neighbouring states. What the Napoleonic code has done for continental Europe, the Americas, and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and Southeast Asia. ***** Legal Profession and the Advocates Act, 1961 17 OUR LEGAL SYSTEM N. R. Madhava Menon The legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of that society. It is, therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. It is true in the case of India also even though the legal system we now have is largely the gift of the British rulers. There is a view that the system is still alien to the majority of Indians whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal if not altogether non-existent. The language, technicality and procedure of the inherited legal system are indeed factors which limit access to justice for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and the Constitution offer the opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given unto themselves on the 26th January 1950. It is in this context familiarity with law and its processes becomes essential to every Indian, rich or poor, man or woman, young or old. Components of a Legal System A legal system consists of certain basic principles and values (largely outlined by the Constitution), a set of operational norms including rights and duties of citizens spelt out in the laws -Central, State and local, institutional structures for enforcement of the laws and a cadre of legal personnel endowed with the responsibility of administering the system. The Constitution: The Fundamental Law of the Land The Constitution of a country is variously described depending upon the nature of the policy and the aspirations of the people in a given society. It is generally a written document and assumes the character of a federal (several independent units joined together) or unitary form of government. India is declared to be a Socialist, Secular, Democratic Republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of 700 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people. In other words, it is a political document which distributes State power amongst different organs (Central and State Governments, Legislative, Executive and Judicial wings of each Government) and regulates its exercise in its incidence on the people. The form of government is democratic and republican and the method is parliamentary through adult franchise. The goals are spelt out in Preamble itself which seeks to secure to all citizens: â€Å"Justice, social, economic and political; Liberty of thought, expression, faith and worship; Equality of status and of opportunity, and to promote among them all. Fraternity assuring dignity of the individual and the â€Å"unity and integrity of Nation†. 18 Legal Profession and the Advocates Act, 1961 To achieve this goal of dignity of the individual with justice, liberty and equality the Constitution guarantees certain Fundamental Rights and provides for its enforcement through the High Courts and the Supreme Court. These basic Human Ri ghts include: (a) Equality before law, (b) Equality of opportunity in matters of public employment. (c) Prohibition of discrimination on grounds of religion, sex etc. (d) Protection of life and personal liberty. e) Protection of right to freedom of speech, of assembly, of association, of movement and of profession or occupation. (f) Prohibition of forced labour, (g) Right to freedom of religion, (h) Protection of interest of minorities, and (i) Right to constitutional remedies for enforcement of the above rights Further, towards achieving the goals set out in the Preamble, the Constitution gives certain Directives to State to follow in its policies and programmes. Principles of State Policy have been recognized to be as sacrosanct as Fundamental Rights. In other words, they together constitute a reference for State action in every sphere. The Constitution envisages a unique place for the judiciary. Apart from overseeing the exercise of State power by the Executive and the Legislatures of the State and the Central Governments, the Supreme Court, and the High Courts are charged with the responsibility of effectively protecting citizens rights through its writ jurisdiction. This offers a cheap and expeditious remedy to the citizen to enforce the guaranteed rights. The Supreme Court liberalized the rules so as to enable poor and illiterate citizens to have easy access to courts for enforcing their basic rights. The Rule of Law is supreme and the independence of judiciary is reality in our country. This forms the bulwork of democracy and compels every one to abide by the law in his own interest. Constitutional government principles involved in it ought to be understood and subscribed to by every Indian if we are to succeed in our declared goals. Laws, Civil and Criminal The laws of the country are too numerous, varied and complex; they are bound to be so because law is as large as life itself which is increasingly becoming complex in, every sphere. In a Welfare State like ours, laws are at the more so because they are expected to regulate a variety of social and economic activities so as to subserve the common good. Inspired by the Constitution, Parliament, State legislatures and local councils make and unmake the laws day in and day out as the occasion demands. Courts interpret them in specific fact situations and, in the Legal Profession and the Advocates Act, 1961 19 rocess, extend the scope and application of the laws. The common man may get lost in the maze of legislations coming from all sides and contribute to its complexity by creating his own laws through contracts and agreements with others he has to deal with. On the basis of the remedies sought and the procedure followed, all laws can be grouped into two categories, namely, Civil Laws an d Criminal Laws. Broadly speaking, criminal law is concerned with wrongs against the community as a whole, while civil law is related to the rights duties and obligations of individual members of the community between themselves. Civil Law includes a number of aspects which may be grouped under six or seven major headings such as family law, the law of property, the law of tort, the law of contract, the law relating to commerce and business, labour law, law of taxation etc. Family law, which in India has its source both on statute and religion, comprises of the laws governing marriage, divorce, maintenance, custody of children, adoption inheritance and succession. Though the Constitution envisages a Uniform Civil Code, each religious group at present follows largely its own norms in matrimonial and family relations. The law of property includes rights of ownership, transfer, mortgages, trusts, intestacy and similar matters. The law of contracts, is concerned with the enforcement of obligations arising from agreements and promises. This includes transactions such as sale of goods, loans of money, partnerships, insurance, guarantees, negotiable instruments, agency and the like. The law of torts deals with propriety of actions and infraction of duties. Injuries to person or property caused by failure to take reasonable care and caution leads to actionable wrongs under tort, which usually compensates the victim of such injuries. Laws of commerce and business, which includes contract law, relate to economic operations of individuals, partnerships and companies and governmental regulation of them. Even law of taxation forms part of commercial laws. Labour law deals with the relationship between employer and employees in the production and distribution of wealth. Criminal law is concerned with public wrongs or wrongs against the order and well being of the society in general. The persons guilty of such wrongs are prosecuted and punished by the State. These wrongs are specific and are defined in the Penal Code and a few other special and local laws. One important aspect in this regard is that criminal laws insist (apart from a few exceptional offences) on a particular intent or state of mind as a necessary ingredient of a criminal offence. It also recognizes degrees of criminality and gradations of crime. Ignorance of law is never taken as an excuse. Certain situations where guilty intention could not have been entertained such as infancy, insanity mistake of fact etc. they are recognized as defences to criminal responsibility. Offences are classified on the basis of the objective or otherwise. Thus there are crimes against the human body, property, reputation of the individual, against the State or against public rights. On a procedural basis they are classified as cognizable and non-cognizable (cognizable are those in which the police can investigate or arrest persons without judicial warrant), bailable and non-bailable, compoun dable or otherwise. 20 Legal Profession and the Advocates Act, 1961 Procedural Laws, Civil and Criminal Most proceedings in the Supreme Court and the High Courts are governed by Rules of Procedure made by the Courts themselves under powers given by statute. The Civil and Criminal Procedure Codes and the Evidence Act do apply to judicial proceedings in these courts as well. The writ procedure under Articles 32 and 226 is unique to these courts and is intended for the quick enforcement of Fundamental Rights whenever they are threatened by the State or its agencies. In such situations citizens can approach these courts even through a letter sent by post as the Supreme Court has declared that procedure should not be allowed to come in the way of dispensation of justice. For the enforcement of civil rights and obligations a suit before a civil court is usually instituted. The procedures for trial and appeals including execution of decrees and orders are laid down in the Code of Civil Procedure. Valuation of suits for purposes of jurisdiction is made according to the Suits Valuation Act. The amount of court fees to be paid on plaints and appeals is determined by the Court Fees Act. The Limitation Act prescribes the periods of limitation with in which suits can be filed. The Evidence Act regulates the relevancy, admissibility and probative value of evidence led in courts, civil and criminal. The trial is in the nature of adversary proceedings where two parties oppose each other in a suit or action between parties. The procedure commences with ‘pleadings’, which set out the precise question in dispute or the cause of action. The opposite party (the defendant) may file a written statement to admit or deny the allegations in the plaint. The pleadings may be supplemented by the parties by making admissions of fact, answers and interrogatories, oral statements before the court and by admissions and denials of documents filed by them. The hearing of a suit commences with the serving of a copy of the plaint to the defendant. A party can appear himself in court for the hearing or make appearance through an agent or a pleader. According to the Advocates Act right to practise law before courts is given to Advocates only. In the proceedings, parties have to summon their witnesses for deposing in court. The trial involves recording of evidence of witnesses on a day-to-day basis at the conclusion of which judgment is to be pronounced in open court. Because civil proceedings are private matters, they can

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My Superhero - Essay Example The paper has a detailed description of hero’s traits. His personal life was also very simple and modest. He does not wear expensive clothes rather he always used his traditional Indian dress i.e. Dhoti and Shawl. He was immensely impressed by the village traditions of India that endorsed self-sufficient behaviour. He used to be self-sufficient in every matter of life and preached others to do the same. He was a man of principles and due to this, he sometimes argued with the decisions of his other party members. After his success as a leader of India, he became very popular all around the world and he was described as a nonviolent person fighting for his nation’s rights. Many leaders like Martin Luther King in U.S. and Yasir Arafat in Palestine followed the footsteps of Gandhi and tried to free their community from the slavery of another nation. He can also be equally compared with other historical personalities like Abraham Lincoln, Mohammad Ali Jinnah, Dalai Lama and Mao Tse Tang. His first act after returning from South Africa is to lead the movement against the government for the cause of having reduced land taxes upon the Indian citizens. He used the method of nonviolence and civil disobedience in the subcontinent against British rulers. It was the era when there two world wars were fought. Millions of people were killed in these two wars all over the world. Most of the nations were running through the lines of hatred, violence and war. He was the one who developed the nonviolent technique to fight for rights. 3.1. Describe hero perspective of being an agent of change-maker His foremost contribution for his people was to force British colonizers to make an independent India. This describes him as a change maker in the world. It was an attempt made for the betterment of India and refrain from the domination of British people in India. His plan was to fight for freedom but through a non-violent movement. It was his best self core values that ev entually brought his nation independence in 1947 from the British colonial rule. This capability of Gandhi distinguishes him among all the freedom fighter around the world until the early 20th century. His non-violence behavior can be described by one of his sayings: â€Å"An eye for an eye makes the whole world blind†. He demonstrated violence as the most important problem in the world that is generating continuous problems for people. This can only be solved by its counter-part i.e. following the path of non-violence. This is the only mechanism, according to him, which can bring peace and harmony in the world. 3.2. Identify self core values His life is less theoretical but more practical, giving a perfect example of perfect personality. He always put ethical and moral principles in every matter of life. For example, once one of his disciples introduced the concept of industrialization programs in the villages of India but he disagreed to him publicly on the basis of self-su fficiency. According to him, industrialization is making people dependent upon another person, which will bring insecurity in the lives of people financially and socially. He also showed his concerns upon the issue of area of border at the time of

Do gety colleg adequately caters to undergraduates Case Study

Do gety colleg adequately caters to undergraduates - Case Study Example This enabled the interviewee to fix other questions, or call for clarifications to some issues. Students came from different races while their ages were between 18 years to 22 years. Most of the interviewee allowed us to record them, which gave us an added analysis of their opinion via their body language. Where not allowed, we took notes. Data collected from the faculty member showed that in the best of their knowledge the education system in the campus was at its optimum. Several students confirmed this since out of their busy working schedule, they could choose between attending evening, daytime, or weekend classes. However, some subjects have a fixed timetable, which leaves students with flexible schedules out. Extra curriculum activities offered in the school really complement the learning processes, but are inaccessible to working students. Gety College adequately caters for most working undergraduates. However, improvement is needed on professors’ attitude to students, support to students, and on registration

Cross-cultural Communication Essay Example for Free

Cross-cultural Communication Essay In order to accomplish the task I decided to interview my friend from Italy who arrived to the USA after having won a language competition to live and study here and whom I recently visited in Italy. So, below you may see some differences and similarities of American and Italian culture. First of all he decided to rent a car since it was more convenient than a train or other transportation vehicle. He noted that there are almost no pedestrians in the streets as everybody drives a car. Also, he stated that American people take care of their life as no other culture in the world because they have a list of emergency calls in every household and therefore are rightfully scared to death of Italian drivers. The system of driving in Italy is almost beyond American understanding. The basic difference is that Americans like lanes and pretty much expect everybody to stay in one. Italy does not work like this at all. Instead they use a surprisingly tolerant system of swerving, tail gating, and other go-as-you-please driving etiquette that Americans would be driven to homicidal road rage by if it happened in the hometown. Traveling through Italy American person will never see anyone irritated or aggressive while driving. Italians just casually drive like maniacs and know that everyone else is too. Along the way, they adore chatting and laughing with each other. As a huge generalization Italians are very attractive people. It felt like people are living in an Armani commercial. But as he says they smoke everywhere, all the time. As expected, he liked American food everywhere: in restaurants, in coffee shops, etc. although he was more accustomed to have a dessert and a thimble of coffee. It was quite a surprise for him to reveal that dinners last an hour or an hour and a half at most while in Italy they go on for hours. Time in general moves differently in the USA, as he says. In the USA days start earlier than according to the Italian standards. In Italy the whole country shuts down from one oclock to three or four oclock every afternoon. There is also a great difference in architecture of these two cultures. Italy is full of narrow streets, plazas and buildings. He says if you want to live in an apartment that is several hundred years old and is probably built on top of even older building you can do it. In the USA it is hard to find something older than about 200 years old. In my essay I would like to refer to the idea of the context of situation (Kramsch 25) that includes three major parts: o The field of discourse o The tenor of discourse o The mode of discourse The field of discourse covers the situation of visiting another country and penetrating into its culture. The tenor implies the participants, while the mode includes the role of the language in this situation. Therefore, it would be appropriate to note that Italian tradition of driving may serve as a good example of the context of situation. First of all, it involves such important factors as high level of emotionality, hot weather, narrow streets, and their somewhat confusing location. As the tenor of discourse investigates the members of the situation, it is necessary to mention here the importance of the origin of the participants. As we may see from the interview and from my own experience Italians and Americans drive in completely different way and both of them believe that their driving tradition is the best and most convenient. In conclusion, I may add that cultural diversity implies different traditions that require understanding, open-mindness, and tolerance. References Kramsch, Claire. (2003). Language and Culture (4th edition). New York: Oxford University Press.

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The Rise Of Islamic Fundamentalism Politics Essay The emergence of radical and extremist Islamist movements has proved to be the principal source of instability in the world. From the 19th century the world has witness to a reawakening of the Muslim world in various places as a result of the encounter with Western culture  [1]  . The rise of radical Islamist groups has been influenced by the leading ideologues of Islamic fundamentalist thought, Jamal Al Din Al Afghani (1839-1897), Maulana Abul Ali Mawdudi (1903-79) the first Amir of the Jamaate-Islami, Ayatollah Khomeini (1909-89) leader of the Islamic Revolutionary Party of Iran, Hassan-al-Banna and Syed Qutb (1906-66) of the Muslim Brotherhood of Egypt  [2]  . These ideologues advocated jihad against non-Islamic societies and states and emphasised that political power is indispensable to the establishment of an Islamic state. The concepts of Dar-el-Islam and Dar-el-Harb and jihad as advocated by the Islamists envisage a perpetual state of confrontation between Islamic and non-Islamic states.  [3]  Though Muslims, like any other non-Muslim, have multiple identities religious, ethnic, tribal, linguistic or territorial, the emphasis by the Islamists on the Islamic identity puts them in collision course with the state and other groups. Islamist intellectuals, ulema and activists have been seeking to blur the distinction between Islam as a religion and nationalism. They prop up the Islamic political consciousness by politicising already existing religious traditions and practices and by resisting change and modernisation. The concept of Ummah or Millat is being invoked to abet, support and legitimise the secessionist movements of Muslims living in non-Muslim states. If one goes by the strict definition of the term Islamic fundamentalism, it stands for a return to the doctrines of Islam in their original form as were practised in the medieval times. It could also mean idealising the historical past of Islam and calling for a return to pure and original Islam, which can be achieved through peaceful, lawful, cultural and spiritual means. But in practice, the focus of Islamists has been Islamisation of the state rather than reform of the individuals. It has generated conflict as the Islamic fundamentalists seek to impose their will through coercion, violence and terror. Islamist extremists pose a challenge to the secular and democratic polity, pluristic social order and inter-religious harmony. With the rise of Taliban to power, Afghanistan became the breeding ground of Islamist terrorism. The Taliban enforced their extremist religious and socio-political agenda and turned Afghanistan into the hub of arms, drugs trafficking and international terrorism with Osama bin Laden using it as a base of Al Qaida and other Islamist terrorist outfits. The threat posed by Laden and the Taliban to world peace and security was universally recognised and UN sanctions were imposed against the Taliban. Undaunted by international criticism, the Taliban unleashed atrocities against women, children, ethnic-religious minorities and political opponents, thereby deepening the internal divide in Afghanistan, besides violating the basic human rights of Afghans. The UN and other international peace initiatives made no headway in the face of determined Taliban opposition to share power with rival Afghan groups. Afghanistan remained fractured and turbulent posing great challenge to peace and security i n the region. The Taliban rebuffing all international appeals and ignoring widespread international condemnation, not only went ahead with the destruction of the colossal Buddhas of Bamiyan, but even made a public demonstration of their savage acts  [4]  . By destroying the rich and composite historical cultural heritage of Afghanistan, the Taliban sought to reaffirm Afghanistans lead role as a puritan Islamist state in South and Central Asia and also to set an agenda for radical Islamist forces. Osama bin Laden and his network played a key role in the terrorist attacks in South Asia, Central Asia, Southeast Asia and also in the West. However, it was only after the 9/11 terrorist strikes on World Trade Centre and Pentagon that the United States and its Western allies recognised the severity of the challenge posed by Al Qaida and the Taliban. The US garnered sufficient political will to lead the global war against terrorism. The US-led forces have severely mauled the Taliban and the Al Qaida, destroyed much of their military machine and bases. However, both the Taliban and elements of the Al Qaida network still exist and are again growing within Afghanistan and neighbouring Pakistan. Leaders and thousands of supporters of Al Qaida and the Taliban militia have shifted to Pakistan. So ensuring sustainable security and stability in Afghanistan is a great challenge facing the international community. This can be achieved only by total elimination of the Al Qaida network, their sup porters, financiers, safe havens and training camps in various parts of the world. METHODOLOGY STATEMENT OF THE PROBLEM To analyse the reasons of rise of Islamic Fundamentalism in Afghanistan and its threat to the world. hypothesis Islamic Fundamentalism is a global phenomenon and its affects can be felt across frontiers. Afghanistan has become fountain head of Islamic fundamentalism. Afghanistan lies in the middle of a region fermenting Islamic fundamentalist terrorism. This is one single-largest source of terrorism on the planet earth, with scope for expansion into Central Asian Region, China, Eastern Europe, South and South East Asia. JUSTIFICATION OF THE STUDY With the development of modern communications and various connections between the terrorist groups on the increase, the trend of global terrorism is on the increase. Islamic fundamentalism which has been raising its head to support terrorism as a weapon for its war against the non believers. While all religions have their chauvinists, it is resurgent Islam which somehow appears to be at the forefront of terrorism. Of course there is a secular version of Islam but the vast majority of the Muslims believe that they can be true Muslims only if they live in an Islamic state. It is the self perception that true believers have a God given right to promote the historical relevance of a religion that is behind much of todays global terrorism. In fact Islamic fundamentalists are hypothesising that with the end of the cold war, secularism in their countries is giving way to their brand of Islam and are presenting themselves as an alternative to westernised rulers.  [5]   Afghanistan, which has had a long turbulent past including a period of erstwhile Soviet occupation, has been taken over by Islamic fundamentalism after a long and bitter conflict between various groups out of which as of late the Taliban has been the most successful. The Taliban have been trained in various Deeni Madrasas  [6]  and have been indoctrinated to enforce a very strict kind of Islamic rule on Afghanistan which is unlike any traditions in that countries much volatile past. Moreover with weapons and infrastructure supplied by the US to fight the Soviet occupation and those left behind by the Soviets gives a chance to the restless youth of Afghanistan to export terrorism with a religious face throughout the world. In view of this, it is quite possible that Afghanistan will become a major focal point for Islamic terrorists to train and act on the existing non Islamic states with the overt/ covert support of Islamic states. SCOPE 7. The study would concentrate on the rise of Islamic Fundamentalism in Afghanistan with special reference to Taliban and its effect on the world. METHODS OF DATA COLLECTION 8. The study is primarily based on information gathered from books written by prominent Indian, foreign authors as well as information available on the internet. The books and periodicals used for the purpose of research have been drawn from the Library of Defence Services Staff College (DSSC), Wellington. Other sources of information are articles written in Indian, Pakistani, Western newspapers and news services such as the CNN and BBC as well as some defence journals. A bibliography of the sources is appended at the end of the text. The guidance given by Colonel SK Karwal, the Directing Staff has been of immense value in preparation of this paper. Afghanistan being a very current topic has undergone a series of ups and downs during the course of my preparation of the dissertation. ORGANISATION OF DISSERTATION 9. It is proposed to study the subject under the following heads:- (a) Chapter I. Introduction Methodology. (b) Chapter II. The Growth of Islamic Fundamentalism in Afghanistan. (c) Chapter III. Afghanistan as Source of Terrorism in the Region. (d) Chapter IV. Religious Intolerance. (e) Chapter V. The Nexus between Drug Trafficking and Terrorism. (e) Chapter VI. The Afghanistan Conflict and Energy Security. (f) Chapter VII. Conclusion.

An Accusation of Sexual Harassment in Pro Sports Essay

Over the years sexual harassment has been revered on a higher level of unacceptability than ever before. Companies are setting high standards for employees concerning sexual harassment. Usually, they implement a code of ethics to encourage an ethical decision making process in the minds of their employees. People inside an organization need to know what is considered to be illicit behavior. With sexual harassment, the scale is very narrow. It can range from petitioning sexual favors, vulgar language, or any type of inappropriate touching. In the case study, â€Å"An accusation of Sexual harassment in Pro Sports,† the employers were dealing with being accused of verbally abusing and sexually harassing Ms. Brown Sanders over a two year period and once she blew the whistle to top management, she was fired a month later. In my opinion, what is known as sexual harassment was not as popular a decade ago. Today, I feel that the line of intended hospitality and sexual harassment is extremely thin. People must filter what they say, how they say things, and how they may innocently touch the shoulder of their fellow employees, rather male or female. Based on the facts in the Sander’s verses Madison Square Garden (MSG) case, I believe that MSG could not have prevented themselves from liability, according to the Employers Liability for Employee’s Act which states, â€Å"employers are liable for the criminal conduct of their employee’s† (smallbusiness.findlaw.com). According to Principles of Management, the author insists, â€Å"top managers are responsible for monitoring their business environment† (Williams 8). It does not even matter if top management does not know what is going on, they will still be held responsible for their employee’s conduct. If I was a part of Madison Square Garden’s top management, I would make sure that I had a well established code of ethics and I would let it be known that anyone who violates the discretionary measures will be reprimanded to the highest degree, plus fined. I say this because of the environmental changes occurring in the sports world, women are a huge part of the fan base; therefore, to uphold our image, to continue to maximize our profit momentum, to stop unfavorable publicity by the media, and to let women know that we value their opinion, would help us to remain a profitable establishment. In addition, I would do my best to deal with problematic issues with temporal  immediacy. Often victims of sexual harassment have long term effects that can have a tendency to hurt them psychologically, mentally, and emotionally. The allegation against Madison Square Garden in this case does raise an ethical question with regard to the employee’s actions. In my opinion, the company became aware of Ms Brown’s complaint and instead of helping her; they allowed her to be fired. Even when she won her case for 11 million dollars; MSG neglected their social responsibility and threatened that they will appeal the decision, rather than givi ng a formal apology to her and their commentators. One clichà © my grandmother use to say is, â€Å"the apple does not fall far from the tree.† To me, this means that many of the characteristics displayed by the employee’s are simultaneously stemmed from the top. To conclude, nowadays, it is more common for people to report to a higher authority or a supervisor that they have been sexual harassed or assaulted. Once these issues have been acknowledged and report to top management, they should not turn away with blind eyes. Certain actions must take place if a report has been made and the company must figure out what kind of harassment took place, so they can determine what the next step of discipline will be. I believe that companies who have adopted clauses for sexual harassment on men and women were long overdue; especially, with women, who have usually kept silent, but have dealt with solidified objectification for years. Works Cited An Employers Liability for Employee’s Act. Find Law. 27 September, 2014. http://www.smallbusiness.findlaw.com Dessler, Gary. Human Resource Management. An Accusation of Sexual Harassment in Pro Sports. Williams, Chuck. Principles of Management. Top Management Responsibilities. South Western: Madison, OH. 2015. pp. 8.

UPS: Business Strategy

The United Parcel Service has been in business since 1907. Over 100 years of delivery services must be a result of a certain method of management and business that has allowed them such success over time. What type of structure do they use within the workplace to manage the flow of packages? What promotion system do they use and how does it affect employees' commitment to work? What type of organizational design does UPS use to manage its employees?These are all questions I would like to answer in terms of UPS' management structure to determine how they eve been successful for so long. Table of Contents 1. Title Page – Page 1 2. Abstract – Page 2 3. Table of Contents – Page 3 4. Section 1: UPS Enterprise – Page 4 5. Section 2: Management Functions – Page 6 6. Section 3: Analysis – Page 12 7. References – Page 13 8. References (Count. ) – Page 14 Section 1: UPS Enterprise Starting as a small messenger company in 1907, UPS, short for United Parcel Service, has grown into a massive publicly traded company today.Their management structure today consists of a management committee to oversee the entire company. The committee consists of the usual CEO, SCOFF, and COO (Chief Executive Officer, Chief Financial Officer, and Chief Operating Officer). Beneath each of them is a tree of management. UPS employs a Human Relations department which deals with ethical decisions for the company and how employees will be treated. They also employ engineering department which determines the flow of packages every day (UPS, 2014). They determine what the manning needs to be for each building to run efficiently every night.They also determine how many packages each building needs to process every day in order to run efficiently and effectively. The operations management section is clearly the muscle of the operation. They are the ones who determine how they are going to get the plan set by the engineering department completed. Th e operations department has many tiers of management stretching all the way down to the front line of package handlers. UPS also practices hiring from within as many of UPS' Coo's have started all the way from the bottom of the company.Some logistics regarding the company begin with the fact that UPS employs approximately 407,000 people across the world, with 348,000 of them within the United States (Statistics Brain, 2014). UPS has grown to offer many different methods of package shipment. Today they offer services such as Next Day Air, 2nd Day Air, Ground and even Sonic Air. Next Day Air being their primary source of revenue among the other methods of shipment. Sonic Air is a method not known to many because of its extremely high cost.Sonic Air allows you to ship to anywhere in the fastest time possible at an extremely high cost. UPS has gained a very large share of the market with approximately 7. 9 million customers using their services daily to ship over 15 million packages dai ly across the world. UPS has developed new improvements frequently with their $53. Billion revenue every year. UPS' world headquarters is in Atlanta, Georgia, with many other regional headquarters around the world in each of the major continents (UPS, 2014). UPS has created a operational layout which resembles their management layout.They use major hubs across the world to process the majority of the packages, which are then loaded onto trucks and distributed to smaller hubs to be delivered to the communities. UPS and Feeds are strong competitors, both ruling the courier service industry. The companies do have their differences though, as Feeds is not a unionized company. UPS is a larger company, although Feeds does operate through the air far more than UPS, but UPS has a stronger ground presence. According to revenue statistics, UPS brings in about $53. 1 billion per year compared to Feeder's $42. Billion, which translates to $5. 9 and $3. 7 billion in profits respectively. Feeds a lso employs approximately 100,000 people less than UPS yearly, which factors into the profits. Overall, UPS has the higher market share, holding a 46%-50% share of the entire domestic market, compared to Feeder's 49% market share on express packages only. In essence, Feeds specializes in express shipments to make a profit, while UPS does everything to include ground and air shipments (Differ, 2013). UPS focuses heavily on businesses as primary clients.UPS actually has a program for all employees which allows workers to get contracts from any businesses around to use UPS' services. Gaining a contract makes UPS money and is an incentive for employees because UPS will pay them a portion of the contract. Overall, UPS is the most dominating force in the courier services industry in the world, making them a very successful business. Section 2: Management Planning is of the utmost importance at UPS, it is the difference between a failing company and success. The United Parcel Service emplo ys industrial engineers at every hub across the world.Their Job is the do all the behind the scenes work to maximize profit and create the most efficient workplace possible. They also incorporate other departments within the company which all account for certain aspects of the success the company has had. Departments such as Finance, Marketing, Industrial Engineering, Operations, and Human Resources are some of the primary reasons for the company's continued success. Financially, UPS is one of the more successful companies in America, and is the most successful in the courier services industry.Financial analysts with UPS have made the company very â€Å"liquid†, meaning they have high flexibility. They are gaining working capital and assets faster as they continue to pay off debt. This working capital goes towards the development of innovations to better the progress and efficiency of the company. From 2005 to 2010, UPS was gaining working capital at a gaining rate of 28% per year. According the financial model, UPS is running a system hat focuses on runs largely on existing equity and splitting the remaining capital on debt and liabilities.They continue to invest profits on working capital to better the company as a whole (Shah, 2010). UPS does focus on marketing in some regards, although they let their products do the marketing for them the majority of the time. UPS does more than Just ship packages, they also develop products such as Barbados scanning systems which get the UPS name out. They have made themselves accessible across almost any medium possible. You can reach UPS via phone, internet, in-person, through UPS drivers, at strutting centers, and retail locations. Having the company so readily accessible really promotes the use of the company for shipping needs.They price competitively, which gives them an advantage with consumers because they are so easily accessible compared to competitors (Shah, 2010). Industrial Engineering is the brain of the operational side of UPS. Millions and millions of packages come through UPS' hubs every day, without Industrial Engineers working behind the scenes it would be nothing more than a giant flow of packages. This department analyzes the intake of packages for each of their respective hubs. They allocate how many workers need to work on each shift for the hub to be efficient and come out positive based on how many expected packages.They also plan for the expected amount of packages for each shift. They have to take into account all of the factors in this determination. Holiday times are the toughest for this department. Often they have to hire â€Å"seasonal† employees to add additional man hours for the holiday flow, called â€Å"peak season†. In 2013, UPS had a major strategic planning failure during the holiday season due to lack of man power. The engineers at the head of he company failed to make correct predictions about the flow of packages that would be coming th rough the system that holiday season.UPS planned to hire an additional 55,000 employees that holiday season, while also leasing an additional 23 airplanes to accommodate next day air shipments in order to make â€Å"before Christmas day' delivery promises (Leonard, 2013). Clearly this was under planned as Christmas day rolled around and many packages were still stalled in the hubs across America forcing managers of the hubs to work hours on Christmas day and Christmas Eve, which are normally holidays for UPS employees (Banker, 2013).This goes to show how important the Industrial Engineers in UPS actually are to the company. They are paid to make the overall operations plan every day of the year, which are then carried out by the operations managers. The operations side of UPS is the muscle of the entire organization. This the department that has to perform in order for the company to be successful. These are the workers that consumers deal with on a daily basis. Planning for this d epartment is done mostly by the Industrial Engineering department, although they can deviate from the plan as necessary.One thing the operations depart works on with planning s how many managers they think they will need in order to get the most from their hourly work force. Integrating airline, ground, and warehouse operations is key to the success of the mission of UPS. Customer service is the greatest advertising tool that UPS has, and the operations department is in control of this as they are the ones out and about working on the front lines. Finally, UPS utilizes a Human Resources department for planning that deals with hiring employees.With UPS' vast network of employees, it is the HER department that is key to keeping these employees happy and satisfied enough to continue to work art for the company and keep the turnover rate low. Once the II department determines how many employees will need to be hired for peak seasons, it's the HER department that is in charge of hiring t hose employees in time for the season. Planning for the HER department is integral for the happiness and productivity of employees. Organization I think UPS has done a brilliant Job in the way they have designed the company to manage itself.Instead of having one large chain of command, UPS has one CEO, but many different departments and many different levels. UPS has its large hubs, which all compete against each other. Hubs like Chicago and Louisville are some of the largest. These hubs flow millions of packages through them every single day, but they wouldn't be able to do that if they didn't have smaller hubs throughout the country. The design allows for the packages to flow into the major hubs throughout the country, and then they distribute them by freight to the smaller hubs, which then load them on to package cars and deliver them out to houses.UPS also utilizes a Human Relations department which takes care of all their recruitment procedures as well as other areas such as sa fety. Finally, they use an engineering department which goes all the behind the scenes work for UPS (Drake, 2012). They project how many packages each building will receive that day and take all things into account such as holidays and what not. They also determine how many people need to be hired to maintain efficiency and effective working methods. These three departments work as their own entities, but collaborate to reach the main goal.When working with the design of the company managers need to consider the fluidity of their design. Because UPS focuses largely on timeliness, their organization for the company needs to also maintain a fluid design which allows for the packages o easily flow through the system. I think UPS has maintained this type of design through the departments which they have installed in the organization. All departments work together but separate, which allows them to do their own work but unloads some of the work from other areas and allows each area to pu t more focus into what they do.Knowing someone who used to work for UPS, I can tell you they are very precise and fluid with their design. He worked in the management side of operations. Every day the engineers would show up in the morning to plan the day for the afternoon shifts. High level managers for the afternoon shifts would come in after lunch and begin to put the plans into action. Following them, the lower level managers would come in to prepare for the day after being briefed by their managers. Hourly employees were given a specific â€Å"start time† for each day when they would show up to work.They also had a â€Å"downtime† which dictates when the building should be completely done sorting packages into their correct destinations. If everything worked correctly, the building would be efficient for that night. The fluid motions of the company are what keep them successful and efficient. One thing I thought was interesting is that the department who plans out the routes for the delivery drivers try to plan routes that use as many right turns as possible, eliminating the wait at stop lights as much as possible. This kind of planning and organization is key to the success of the company.Leadership UPS practices promotion from within to maintain motivated employees. One longstanding principal within UPS management is that promoting the workers that are already within your company is the way to keep the company in good standing. It always gives employees something to strive for and look forward to. The current CEO, Scott Davis, was originally absorbed by UPS when they bought out his previous company. He worked his way up to being a UPS CEO, although he did not start all the way at the bottom like many leaders within the company.One thing UPS does to push employees to stay with them is they offer health insurance to all part time employees who have been with them for over a year. In this day and age, something like that is extremely hard to come across. They also offer $1 5,000 in tuition assistance for part time employees, thus encouraging student to get their degree. All of this is the season they choose to promote from within. They invest a lot of time and money into their lower level employees so that they can get their education and begin to move up the UPS employment ladder.They strongly believe in filling gaps in upper management with employees who already know the system and have been at the level of those guys beneath them (UPS Earn & Learn, 2014). Motivating current employees to do better creates a sense of pride within the company, which in turn creates better leaders. Communication between the leaders of the company comes once again from the management committee that UPS uses. Orders start from the top of the organization and trickle down through the management structure until it reaches the front lines.One issue that UPS has with conflict resolution is that the company is highly unionized. UPS uses a syste m of â€Å"write-ups† for hourly employees. Safety has developed a set of rules that need to be followed by each employee while working, and if those rules are not followed, the manager of that employee must right the person up. The issue with this is that the union can almost always get that persons job back if they end up getting fired because of unsafe working. Directly from a UPS manager, I know that the only thing a person can be fired for and not brought back is fighting or stealing.Above this, disciplinary action becomes more regulated by UPS than unions. Managers are not part of the union and therefore cannot get their Job back if fired from misconduct or poor management. UPS and Teamsters consistently work out collective bargaining agreements for hourly employees which state the terms of raises and the guidelines of employment. For example, if an employee is fired by UPS management, they have 10 days to file a grievance with the union to get heir Job back or the term ination becomes final and there is nothing the union can do anymore.This type of disciplinary action for hourly employees can cause issues in the workplace, as many employees know they have a very slim chance of losing their job no matter their performance. Control Control is something that every department in the company has to be aware of because they all work separately but together as a whole. Human resources controls the morale of the employees, while operations looks to control the efficiency and work ethic of the work force. Some control tools which UPS utilizes is the advantage of am work. One department can take an issue and pass it on to another department to work on.This allows work to remain focused on the right topic rather than dealing with something that is not commonly dealt with in that specific department. Section Ill: Analysis In summary, UPS as a whole uses a structured departmentally system to govern their company. They believe in promoting leadership from withi n and encouraging new employees to better themselves so they can progress with the company. It seems that UPS has created a system that is concurrent with their massive success over time. I believe UPS will continue to stay in business for a long time if they continue to treat their employee's right and manage the way they do now.Keeping things separate but working together seems to be a working concept as each of the hubs function as their own entity in the big picture of things. I cannot think of any recommendations for the company to use at this time, as I believe they are doing things right. One thing that I do believe is an issue is the unionized workforce that can really lag their production because of employee's mindset. However, I know this is something that cannot be taken away by UPS management and cannot be fixed easily, so I think they have done a great Job of working around it.