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More Reasons Why Jurisprudence Is Not Legal Philosophy

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More Reasons Why Jurisprudence Is Not Legal Philosophy

Introduction

Too many people, legal theory, philosophy of law, legal philosophy, and jurisprudence are terms that mean the same thing in the legal field. Most commonly, many people tend to relate legal philosophy and jurisprudent as being the same thing, which is not valid. The confusion between the meaning of the two terms comes as a result of authors not clearly distinguishing the two terms, but an article by Roger Cotterrell explains the distinction between the two terms. According to Cotterrell (2014), he states that jurisprudent is not legal philosophy, and he gives his reason behind his sentiments.

Cotterrell’s Position

According to Cotterrell, he states that there is a vast difference between legal philosophy and jurisprudence, but also jurisprudence is losing its ground on issues of legal philosophy. The complete takeover between legal philosophy and jurisprudence has not yet taken over as the schools of law have given the philosophy department to take over generating the general account of law (Robertson, 2017). The reason why the philosophers have been given total control over these issues is that lawyers feel as if their contribution is not taken seriously and not considered, which results in living the issue in the hands of the philosophers.

Professionals need to be placed in a field that suits them to prevent confusion, especially in the academic field. Having professional teach a field or a course that they have not specialized in it brings confusion to the students because these professionals use different techniques to teach a course which is not suitable for that specific field of study (Robertson, 2017). For instance, Brian Leiter who has a degree in law but has specialized in philosophy to Ph.D. level, Leiter has more specialization in philosophy, so in the instance, he is allowed to teach law to students, he uses philosophical approaches to teach law which results in creating confusion to the students. Having people who are not qualified in finding a solution to a problem in a field that they do not specialize in leads to more negative results because of the use of different approaches to the problem.

Different scholars have come up with the various definition of jurisprudent to show the difference between what it means and what legal philosophy means to show there relation or difference between the two (Robertson, 2017). Cotterrell critiques the definition given by other scholars stating that they are half baked and do not conform to the true meaning of jurisprudent. He says that jurisprudent cannot conform or developed by other fields of study apart from the law. Also, it cannot be generally described as it entails a lot of, and it is not just a part of the legal system.

Fish’s Contribution

According to Fish, he believes that there is a distinctive difference between jurisprudence and legal philosophy, and there is no comparison between the two. He also mentions that he believes that legal philosophy is not a superior practice of law. It is noted that legal philosophy is not focused on jurist experience; instead, it deals more with problems that are defined by philosophical interest. However, Fish disagrees with Cotterrell by mentioning that philosophy has no particular consequence for any other field or practice (Fish, 2003). Fish claims that philosophy is not a master of all arts, as previously claimed by philosophers because it does not directly affect other fields of practice.

The main issue why Fish has a different position of philosophy by using the anti-foundationalism epistemology (Robertson, 2017). Foundationalism states that people can attain an unmediated and direct perception of reality that is independently characterized by the human‘s perception. It states that it is by accurate apprehension of the exterior realism that humans can arrive at the truth. Nevertheless, on the other hand, the anti-foundationalism perspective claims that foundationalism perception is not possible because human reality is shaped by humans themselves (Fish 1989, p.326). Fish believes that it is human nature for them to live in a world with order and with significance in facts such as values and beliefs.

The primary aim of Fish to critique the foundationalism epistemology is because he says it built on the impossible beginning of the self. The foundationalism perspective tries to avoid the fact that human beings are limited and that there is a distorting nature of human beings which tries to paint them as mere accidents or contingent features. Fish claims that if human beings were locally rooted beings, it might show the relevant difference between jurisprudence and legal philosophy. Fish agrees with Cotterrell’s description of jurisprudence, where he states that it is a local theory, and it is rooted in a particular socio-legal situation reality.

Through fish arguments on anti-foundationalism, he gains more information that goes hand in hand with Cotterrell’s idea about rejecting that of legal philosophy has proceeded of jurisprudence. He says that for human experience to have a shape, it does so because of the background that is already in place (Robertson, 2017). It is due to the shared background in human beings that people tend to have the same meaning. On practice should not affect another, and it should not affect each other, and with that, then the relationship between legal philosophy and jurisprudence does not exist. As mentioned earlier, philosophy is not a superior art that affects other art, so it does not affect jurisprudence.

Disciplinary Autonomy, Interdisciplinary, And Interdisciplinary Borrowing

There is an objection to Fish’s analysis as it is termed as being defective since his thesis separates all tasks into different and separate units which barely not affected or influenced by other factors. His analysis does not explain interdisciplinary coordination or cooperation, which exists in the real world, as there is no independent practice (Robertson, 2017). Fish defends his arguments by stating that independence of practice is not attained by separating them from others but out is achieved by taking exclusive jurisdiction over the specific tasks that that are to be done in the society. Fish claims that disciplinary autonomy is claimed to have a direct relevant relationship between the jurisprudence and legal philosophy, stating that practice A can borrow from practice B.

Do Cotterrell and Fish Have Incompatible Epistemologies?

There is an incompatibility between Fish and Cotterrell, although they both agree that there is a difference between legal philosophy and jurisprudence, each of them has taken a different route to come to their decision (Robertson, 2017). For example, Cotterrell focuses more on socio-legal and sociological law while, on the other hand, Fish focuses more on denying that the anti-foundationalism epistemological have any relative consequences and does not pose any threat to intentions facts. Universal truth on this matter cannot be attained or reached without controversy, which is contributed to the fact that every individual has knowledge of something, and they believe what they know is the truth.

Conclusion

In conclusion, both Fish and Cotterrell agree that there is no direct relationship between jurisprudence and legal philosophy. The two also decide that jurisprudence is rooted in a practice that is specific to a particular place and time and legal culture. While on the other hand, legal philosophy aims at rising above local settings to grasp timelessness and universal truth. Although each one of them uses different approaches, the end up with the same solution that jurisprudence is not legal philosophy.

References

Cotterrell, R. (2014). Why Jurisprudence Is Not Legal Philosophy. Jurisprudence: An International Journal of Legal and Political Thought 5(1): 41–55.

Fish, S. (2000). Theory Minimalism. San Diego Law Review 37: 761–76.

Fish, S. (2001). Holocaust Denial and Academic Freedom. Valparaiso University Law

Review 35(3): 499–524

Robertson, M. (2017). More Reasons Why Jurisprudence Is Not Legal Philosophy. Ratio Juris, 30(4), 403-416.

Personal statement

Wu Yuheng: Msc Globalisation — UCL Department of Geography

Majority of my friends are in doubt considering various career issues. I however been blessed with clarity considering my career goals and so I understand and know what I would exactly like to pursue. My exceptional critical thinking skills have enabled me to clearly define my goals. I have had a natural inclination to MSc Globalization from UCL Department of Geography. I am a person with overflowing potential of making a profound and lasting positive influence inn Globalization.

It is through my love for natural environment and the love for the reach and power of Geography that has influenced my choice for Globalization. My first degree on Economics and Social studies were completed in the University of Manchester. I have had a positive academic performance and continuously progressed through various study levels and performed well in both economic and social studies. Additionally, I am a good team player. I’m motivated, dedicated and a capable learner. This is confirmed by Dr. Young’s statement when he confirmed that she believes in my potentiality of doing well and so highly recommend me for masters in Globalization.

I successfully completed three modules in this University. I have further met various lecturers in discussion of my academic and personal matters. Dr Young for instance has appreciated my motivation and dedication towards my studies and was further impressed by the general desire to learn and improve myself. These are my strengths for achieving what I have started.

I have a had a experience in working with BBCWORLD SERVICE form March 2012 till July 2013. During this time, through my good command of English and Chinese language, I helped BBC in adopting content on UK file, education and entertainment form English sources for the Mandarin website (www.BBCUKChina.com). Additionally, I adopted content for BC’s news and current affairs website www.BBCChinese.com. I was thus able to apply the BBC editorial guidelines and production skills I had learned during my internship.

I have the desire to learn and so was able to learn BBC”s editorial guidelines suing the time I worked for them. I have the ability to master new skills, and curiosity to learn, whether formally or informally. I basically love learning new things either in class or just on my own. Willingness to learn is instrumental in development of my professional life. Learning more, means addition of professional knowledge that is necessary for my professional advancement. Eagerness to learn also assists in developing personal endeavors such as relationships and I believe these talents will enable me gain more in Msc Globalization. Learning has ensured that I understand the other person better and therefore know his likes and dislikes, hobbies, talents and the important occasions in their lives and this was evident when I participated in “world have your say” in BBC.

I have good organizations skills and this enabled me contribute my personal diary to BBC’s website and shared my study life experiences in the UK with various readers from Chinese. Additionally, BBC loved my writing style which had a personal touch and my writings were thus among the top 5 most population on the website. Noteworthy, my organized writings were further carried out by Chinese online partners including China’s largest portal QQ.com. When BBC World Service was bringing out the point on good communication skills, they did not forget to mention that I am a multilingual person who can speak more than two languages both internal and local. They also mentioned how I am acquainted with their editorial guidelines and this is one of my significant skills pointing that I can easily learn new things within a very short period of time.

I have very high critical thinking skills that can help me to succeed in any given working situation. I am a good listener thus I make sure that I say less but listen more to what another person is saying thus this can also help me to succeed when it comes to me dealing with very different people that I will come across in life. I also have very good communication skills both verbal and written which will help me to communicate with different people that I will be dealing with in this course and thereafter.

As I aspire to reach my goals I have come realize that the knowledge I have acquire through education as well as proficient interests are greatly linked to the role of leadership. My enthusiasm to continue with my education and also the experiences gained through management roles are beyond reasonable doubt the inspiration to embark in one of my most motivating journeys of my life. Since I was taught to value education beyond academia, I have always aspired to obtain knowledge of both culture and the community as well as be able to appreciate human condition. I am also quiet self-motivated and determined to broaden the skills and knowledge. Apart from academics, I have always participated with dedication as a member of the community service groups during my undergraduate years at Manchester University.

It is my sincere belief that I have the eagerness to embrace the challenges that I am sure Globalization will present. Therefore, I carry with me the enthusiasm, excitement as well as motivation, enough compassion and the confidence required to pursue this field. I also believe that this will in the long run allow me the opportunity to impact positively in the community, just as I have always dreamed.

Assessment 3: Case Study Report

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Contents

TOC o “1-3” h z u Case Study Report PAGEREF _Toc64284821 h 3Introduction and Background of the Case PAGEREF _Toc64284822 h 3HRM Issues in the Case Study PAGEREF _Toc64284823 h 3Performance management challenges as a result of globalization PAGEREF _Toc64284824 h 4Challenge of professional training and development PAGEREF _Toc64284825 h 4Challenge to embrace culture and integration PAGEREF _Toc64284826 h 5Challenge of diversity management PAGEREF _Toc64284827 h 6The HRM Response to Prevent these Issues from Reoccurring PAGEREF _Toc64284828 h 7Recommendations and Proposed Implementations to Eliminate the Issues PAGEREF _Toc64284829 h 10Conclusion PAGEREF _Toc64284830 h 11References PAGEREF _Toc64284831 h 12

Case Study ReportIntroduction and Background of the Case

Globalization has been evolving continuously over the past years. This has enabled corporations to reach consumers and investors worldwide in a faster, deeper, and cheaper way than ever before. The ever-increasing interconnection and incorporation of people, culture, and companies imply that global corporations face constant challenges for competitive excellence (Cascio & Boudreau, 2016). In this case study, the emphasis is on identification of issues relevant to international human resource management, looking at how to address the said issues in a HRM environment, and presenting a plan to the organization as a way forward of ensuring these issues are fully eliminated for purposes of future business cooperation. No Name is a company that operates in the aircraft industry. The company is faced with the challenge of inadequate performance management, lack of professional training g and development, integration of culture among employees, and lack of diversity respect. The challenges are threatening the company’s profits. The possibility to maximize investors’ return and increase share price is at risk; thus, the CEO has genuine concerns regarding the possibility of a firm takeover if the current position of the company is not improved with urgency.

HRM Issues in the Case StudyLike every other major corporation, No Name is battling issues that ultimately touch on the human resource management segment of the business. The direct effect is that the company is facing one of its lowest performance ever recorded. In line with this, this section will identify the issues, explain them, and contextualize ways of addressing each one to help No Name recover from its current position.

Performance management challenges as a result of globalizationEmployees are hired for performance, and they are expected to excel in their work. Performance is affected by contextual and task performance factors. Task factors include the core activities of a corporation, for instance, automobile manufacturing, airplane manufacturing, and software development. On the other hand, contextual factors represent the environment of working (Haak, Festing, & Darwish 2017). Performance management is the evaluation and continuous improvement of employee’s performance. With proper execution of performance management, it creates an explicit link between employee performance and the firm’s strategic goals. The management of host country nationals makes performance management challenges. There are no reviews conducted at the subsidiary by the respective human resource managers. The performance reviews are only conducted in Australia at the headquarters of No Name, thus ignoring all of the international branches in China, Singapore, and Vietnam where the company has employees. It is important to note that a majority of the company’s employees operate out of Singapore and a lot of assembling of aircrafts is also done there. Performance management is also challenging due to the fact that no formal appraisal processes are conducted for expatriates. Furthermore, at the headquarters, they do not consider the economic factors of the subsidiary, and they are under pressure to perform due to the high cost and expectations from Australia. The company lacks proper management performance, resulting in inflicting performance outcomes between subsidiaries and the headquarters.

Challenge of professional training and developmentNo Name is battling a serious challenge in terms of training and professionally developing their employee to international standards. Human resource departments have the responsibility to transform how businesses are done through training and developing their employees. With rapid globalization, the human resource department should exploit the opportunities through training their workforce to implement the changes rapidly. The new global world has enlarged the talent pool for the excellent and marginal workforce; hence when organizations source workforce globally, they have a competitive advantage. The global workforce affects employee performance, profitability, and customer satisfaction levels. The human resource department can use data analytics and technology in building a global human resource information system.

No Name corporation has a diverse workforce from Australia, China, and Singapore. The human resource department offers the same training to the workforce without considering employee background environment since it assumes they have equal needs, which is contrary given human beings are unique. Also, employees are not provided with avenues to give feedback on the impact of expatriate training. Some of the employees complain about the lack of training to allow integration with others despite coming from different backgrounds and cultures. The company lacks systematic workforce planning and administration development programs. The purpose of the administration programs is to identify and enroll potential administrators and develop their knowledge and skills to meet firms’ goals.Moreover, employees are unaware of their career outlook given that there is no utilization of career development plans. Also, the senior management does not train the junior employees to avoid being overtaken in promotion by them, resulting in key employees being poached by other companies. The company lacks proper training and development programs.

Challenge to embrace culture and integrationThe culture of organizations includes both formal and informal systems. The formal is the official communication from the management, the internal policies and code of conducts, workers recruiting process, training programs, and performance and goal setting (David, Valas, & Raghunathan, 2018). Workers should consider belief and work according to firms’ cultural systems. The informal culture includes standards of daily behavior, practices that help employees understand strong identity and values, myths about the firm, daily language behavior used by employees. These two elements are a challenge to the organization culture and integration at No Name because the company has not emphasized on one positive culture but has rather allowed several negative cultures to run concurrently.

The culture developed at No Name corporation headquarters is negative given that there is a communication breakdown between junior employees and management. This kind of communication has been replicated between headquarters and subsidiaries. The major challenge facing the firm is quality. The firm has established a negative reputation regarding quality, especially in China and Vietnam. Given that aircraft require modification after selling to customers, they complain about the quality of No Name products. The quality issue has resulted in customers sending a warning to the company to withhold payments unless the quality is improved within the next six months.

Furthermore, the supervisors are given a different number of teams to lead rather than giving equal roles to ensure equity. This inequality has barred integration across the teams. Teams are complaining about other teams making their working environment severe. Teams work in their area of specifications only; thus, working relationships across the team are suffering. Employees are complaining about receiving minimal instructions since the communication is compromised both laterally and horizontally. The company lacks programs to develop culture and integration.

Challenge of diversity management

Diversity management is related to the degree of diversity within the workforce (Koellen, 2019). A corporation that is not diverse is largely based on the sex of employees and skin color. A diverse workforce does not segregate based on race and gender; rather, it is open to any category of people. Human resource department the responsibility of establishing a diverse workforce through developing programs that encourage diversity during recruitment and running of the business.

Despite No Name outlying in their policy that all employees should respect race, age, ethnicity, and gender, there are diversity issues among the workforce. At the headquarters, employees are segregated based on their age. The senior staff has a bad relationship working the young employees. The firm also does not recruit people with disabilities in China. People with disability applications are ignored even when their qualifications surpass that of other candidates. Furthermore, the human resource department does not have clear customs to enable employees to understand each other. It does not consider the interactions of employees and their perception towards one another despite being a major determinant of diversity among the workforce. A diverse corporation should appreciate a different culture and ensure there is no discrimination for employees to work in harmony. No Name faces a challenge in managing diversity and should take appropriate actions since it can create a competitive advantage and impact other departments positively in the organization.

The HRM Response to Prevent these Issues from ReoccurringHuman beings are complex, and managing them is a challenging task. Global corporations make it more complex for human resources to manage the international workforce. The human resource has the responsibility of identifying these challenges and overcome to allow the firm to work towards its goals (Wilkinson & Wood, 2017). Human resource should consider these factors o ensure it succeed in overcoming the challenges. First, the attraction of top employees and talent is important. Employing the top talents increases the performance of the workforce. Given the added advantage that it can source workforce from different countries where the subsidiary is located, the firm should source quality employees. Hired employees should demonstrate they enjoy learning new things, ready to change, and ready to take challenges (Tregaskis & Almond, 2019). With culture keeping changing, quality employees will easily adapt to changes making it easier for the human resource department to focus on the firm’s performance. Quality employees should also be retained to cultivate organizational culture to new employees. The workforce will easily integrate and enable the company to achieve its development objectives.

Secondly, No Name should work towards incorporating change. Change influences firms working environment, customers, and competitors (Kirrane, 2017). The unknown gives rise to feelings of anxiety and uncertainty, whether is structural or technological. The human resource department should embrace acceptance of change among employees, and the workforce should not hinder changes like hiring a diverse workforce. Human resource embraces change among employees through constantly upskilling to meet the changing need of the firm. Changes should be communicated frequently and transparently to equip workers with skills they will need to deal with change. Global firms should have a common communication department to ensure subsidiary firms receive information about the change on time. This prevents the problem of subsidiary firms receiving inadequate information. With the human resource department embracing the workforce find it easier to adapt to changes such as new culture and new diverse workforce.

The human resource department should foster a culture of continuous learning. In modern days workers leave employment due to a lack of development opportunities. Through training, the workforce remains stimulated and loyal to the company (Gutierrez, Barrales & Kaynak, 2018). To overcome globalization challenges, a firm should engage employees in continuous training on content to the job, diversity, and inclusivity. The human resource can conduct training through eLearning courses given that a company is global. eLearning will enable workers to be trained from different locations and at convenient times. Through continuous learning, the problem of inadequate professional training and development is solved.

The human resource department should manage diversity while putting consideration to the locals. Globalization affects a firm’s way of learning the business through increasing customer base, workers’ ideas, perspectives, and experiences. Human resources should adhere to local policies and procedures while establishing a comfortable workplace. Orders should not come from the headquarters without considering the culture of a host country. For instance, No Name should have views cultural practices of china, and Vietnam where their subsidiaries are located when developing its culture. This enables integration among employees to be easier given that they understand the culture of their colleagues, which they must respect.

The HRM sector at No Name should look after the health and safety of employees in accordance with the international standards of operations. The health and safety standards they pose a great challenge to human resource. Health at the workplace is more than employee hygiene and safety. The psychological health of employees worsens due to the high demand for results from the management. High levels of stress and pressure cannot be sustained by the workforce. The human resource department should delegate an equal level of tasks to supervisors and not burden o. There should be an open policy to raise issues concerning anxiety, unfair anticipation, and working hours. Employees who are stressed will be reluctant to integrate, low performance, reluctant to training, and discriminate against their colleagues at work. A healthy working environment workforce will easily integrate, perform well, and work with diverse employees (Barrena, López, & Romero, 2017).

The HRM department should create a quality environment and experience for the worker. Employees have a quality experience when they are satisfied with their job, colleagues, and working environment (Plaskoff, 2017). The human resource should create a working environment that is above competitors to avoid poaching of their workforce by the opponents. Employees with good working experience will easily integrate with their colleagues and avoid discrimination of the minority workforce. An international firm should ensure workers at subsidiaries have the quality experience to ensure they deliver quality outcomes to their customers. When a single firm delivers inequality, the firm is affected globally; thus, multinational firms must consider employees’ experience more broadly.

Recommendations and Proposed Implementations to Eliminate the IssuesGlobalizations provide firms with the opportunity to grow given that there are new markets, the pool of new quality employees, and the opportunity to invest. With globalization, firms should have better management to succeed since many challenges are associated when operating globally. No Name aircraft is a global company, and various limitations of operating internationally are putting the firm profit at risk. To maximize shareholders’ return and increase the share price, he should implement the following recommendations.

It is important that No Name introduces a policy on conducting regular performance appraisals. They should be provided to the parent company and all subsidiaries. They should not be discriminated against but filled by both expatriate and junior employees. The appraisal will ensure workers perform better since they will be keen on the assigned roles. Challenges such as overproduction, miscommunication, and discrimination will be limited. The performance appraisal should contain disciplinary actions against employees poorly performing their work.

As a point of reinforcement, the company should provide training to employees and promote workers doing commendable jobs. The training should educate workers on the firms’ culture and goals and visions of the firm. The training should be at a convenient location and time. To ensure all employees access the training, it should be provided online. The department should be provided with training which they deserve, and overall training should be discouraged. For instance, marketing should be equipped with marketing skills rather than production skills.

The firm should also perform a quality audit on the employees. Employees’ education qualifications should be tested and experiences. This audit gives information on unqualified workforce working in the company, for instance, those services of low quality in china. The firm should invest production of parts where they have a competitive advantage over rivals. This will lower production costs, which will increase the profit and increase share CEOs’ goal. The company should dismiss unqualified employees. They include employees discriminating against employees’ others and workers offering poor services. This will allow the firm to work with a workforce that is inclusive and diverse. With such a workforce, the CEO will achieve his goal, and the company overcomes challenges resulting from globalization.

ConclusionNo Name is faced with the challenge of inadequate performance management, lack of professional training and development, integration of culture among employees, and lack of diversity respect, which are threatening the company’s profits. The above suggestions are meant to remedy the situation through the HRM department. It is expected that these suggestions will help steer the company in a positive direction as it fosters a new culture of acceptable international HRM practices.

ReferencesBarrena-Martínez, J., López-Fernández, M., & Romero-Fernández, P. M. (2017). Socially

responsible human resource policies and practices: Academic and professional validation. European research on management and business economics, 23(1), 55-61.

Cascio, W. F., & Boudreau, J. W. (2016). The search for global competence: From

international HR to talent management. Journal of World Business, 51(1), 103-114.

David, S. N., Valas, S., & Raghunathan, R. (2018). Assessing Organization Culture–A

Review on the OCAI Instrument. In International Conference on Management and Information Systems.

Gutierrez-Gutierrez, L. J., Barrales-Molina, V., & Kaynak, H. (2018). The role of human

resource-related quality management practices in new product development. International Journal of Operations & Production Management.

Haak-Saheem, W., Festing, M., & Darwish, T. K. (2017). International human resource

management in the Arab Gulf States–an institutional perspective. The International Journal of Human Resource Management, 28(18), 2684-2712.

Kirrane, M., Lennon, M., O’Connor, C., & Fu, N. (2017). Linking perceived management

support with employees’ readiness for change: the mediating role of psychological capital. Journal of Change Management, 17(1), 47-66.

Koellen, T. (2019). Diversity management: A critical review and agenda for the

future. Journal of Management Inquiry, 1056492619868025.

Plaskoff, J. (2017). Employee experience: the new human resource management

approach. Strategic HR Review.

Tregaskis, O., & Almond, P. (2019). Multinationals and skills policy networks: HRM as a

player in economic and social concerns. British Journal of Management, 30(3), 593-609.

Wilkinson, A., & Wood, G. (2017). Global trends and crises, comparative capitalism and

HRM.

Quiz 1

Presented by

Institution

Question one

Mr. Packer articulates two models of the justice process. Compare and contrast both models. Additionally, does our current criminal justice system operate in congruence with one, both, or none of Mr. Packer’s models? Why? Thoroughly explain your answer. 

The two models of administering criminal justice as articulated by Mr. Packer are the due process model and crime control model. In comparison, both models call for the enforcement of laws during the administering of criminal justice, maintenance and control of order in the society, and protect people from injustice practices. On the other hand, the due process model and the crime control model differ in the following manner. The crime control model believes that anyone charged with a crime is guilty and must be punished for his or her actions. In general, the model aims at controlling the criminal behavior of people with an assumption that it is the most essential aspect of criminal justice. On the contrary, the due process model believes that any person charged with a crime is innocent until proven guilty. As opposed to the crime control model, the due process model calls for the freedom of a person charged with a criminal act unless their presence to the society is a threat. This model aims at protecting the innocent people while convicting the guilty (Cole & Gertz, 2013).

The current criminal justice operates using the Packer’s due process model. According to Cole & Gertz (2013), the American criminal justice aims at enforcing law and order in the society, and protecting citizens from injustices. In America, a person is innocent until proven guilty. When an individual is arrested or suspected of committing a crime, the law enforces carryout thorough investigation on the convict while he or she enjoys her freedom in the society. Only individual suspected or charged with serious crimes such as terrorism, serial murder, or drug trafficking are put behind bars while investigation are in progress.

Question four

 Choose 1 of the following topics: Community Rehabilitation Programs for Adults, Death Penalty, or Rehabilitation Programs in Jails and Prisons; and answer the following questions:

(The chosen topic is rehabilitation programs in jails and prisons)

Have the growth and investments (or lack thereof) in this area been needed?

The American federal government in collaboration with Corrections Corporation of America (CCA) has put more efforts in the process of conducting rehabilitation programs in jails and prisons. In addition, the local law enforcement has joined hands in the effort to rehabilitate prisoners in order to minimize crime rates in the country. On the other hand, the hand, most jails and prisons are overpopulated calling for the government to introduce new methods of dealing with the ever-increasing number of prisoners in United States of America. The federal government should put aside some funds to carryout rehabilitation programs to avoid congestion in jails and prisons. Moreover, rehabilitation programs will assist in reducing crimes since convicts are educated on better ways of earning a living apart from committing crimes.

Do the policies rest on sound theoretical grounds?

Rehabilitation programs in jails and prisons have an adverse effect on the life of most criminals in the country. People with a sound mind manage and implement the policies put in place to guide these rehabilitation programs. U.S. has been building prisons since 1980s because of the increasing rate of incarceration. In the recent years, the federal government has defined new ways of dealing with law offenders, especially those whose crimes are not serious. According to Reddy and Levin (2013), implementation of rehabilitation programs increases a public safety and makes victims of crime less likely to repeat their crimes. On the other hand, the following alternative rests on sound and theoretical ground because the cost of retaining a person in prison is far much higher than the cost of implementing social programs.

Have they been well implemented?

Rehabilitation programs in American jails and prisons have been well implemented through the introduction of post-prisons programs. CDC has implemented two programs one aiming at educating drug addicts about substance abuse and recovery while the other program offers education to crime convicts by giving them better living ideas rather than committing crimes. In addition, the US government funds non-governmental organizations that are involved in rehabilitating individuals in order to give education to prisoners and help reduce prison populations.

Do they achieve expected outcomes?

Yes, these programs achieve the expected results where they are done effectively. According to Aborn et al (1999), the post-prison population program implemented in California delivered acceptable results during the first two years of operation. The program had over 3,500 participants and 80% of them recorded high performance rates. In addition, the US government has recorded a decrease in prison population since the introduction of rehabilitation programs.

Have the investments been allocated to the problems and policies where the greatest gain will accrue?

The only method of ending or minimizing a crime is through rehabilitating the offender. By investing on criminal rehabilitation programs, the government has used the best alternative that aims at producing greatest gains. Reddy and Levin (2013) argue that America spends $63 billion on rehabilitation programs because prisons and jails form the second fastest growing areas of the state budget from the medical sector. Moreover, analysis from criminologists indicates that the 30% drop in crime rate occurred because of America’s investment on prison rehabilitation programs.

Question five

This article argues that there has been a shift in the role of policing. How has the role of the police changed and is it a positive change? What more can be done?

The policing role has changed for the better of the country. Several innovations have taken place in the police department. Firstly, community policing has been introduced as a modern way of ensuring total police interaction with the community to aid minimize crimes at the community level. Some of police practices associated with the current policies include foot patrols and problem-oriented policing. Community policing has brought about positive changes because it encourages order maintenance, assists in perfect conflict resolutions in societies and provides services that aim at problem solving in the community level. Secondly, the police department has introduced broken window policing that assists in directing police to past problems that have been ignored. The following policy has changed the role of police by giving them a chance to investigate on crimes that might have contributed to some evil things happening in the society. This policy has assisted in delivering denied justice among people. In addition, the current police policies have put technology into practice where police must have the knowledge of current technology in order to fight crimes. These innovations have changed police roles from law enforcement into problem solving using the new policies (Cole & Gertz, 2013).

In order to ensure effectiveness of the police department in ensuring quality problem solving, the government should protect the rights of police to avoid harassment by the public. Laws should be introduced that ensures police have total protection from any kind of intimidation in order to ensure they conduct their services without fear or favor. In addition, the police department should be well prepared to meet the demands of homeland security to avoid instances of threats from outside especially terrorists. Moreover, the police role should evolve into a more effective and legitimate government institution (Cole & Gertz, 2013).

Question six

 What policy implications can be taken from the results of Maxwell and Fagan’s study? Make sure to back up your response.

The Maxwell and Fagan’s study represent a good example of a justice systems taking place in the current environment. The two conducted a study to evaluate the preventive impact of arrest on intimate partner violence. Their results indicated that arrests reduce the rates of a person committing a similar crime in the future. On the other hand, the study evaluates the impact of gang membership on later risks of personal involvement in crime. From the following study, the federal government should introduce new policies that define new methods of dealing with organized crimes and punishing people who commit a crime more than once. In addition, the study gives suggestion to the law enforcers on how to deal with certain types of crimes in respect to the person who commuted the crime, the sex, gender and the main agenda. Moreover, the study shows the need for the government to introduce policies aimed at introducing rehabilitation programs in prisons and jails to ease congestion. Some people are placed in prison for crimes that can be managed by rehabilitation centers. For example, drug abuse (Cole & Gertz, 2013).

Question seven

 Based on Article 9, what innovative steps can police departments take to reduce or eliminate corruption?

Corruption is one of the most serious issues that affect most government institutions today. Police department being ranked among the highest corrupt departments should device ways and means of fighting corruption to the end. Firstly, the police department should increase accountability and transparency. Lack of transparency and accountability form the main factors contributing to corruption. Accountability in the police department should be achieved by giving both internal and external pressure. The top officials should ensure all funds are accounted for and those found guilty of corruption prosecuted. Secondly, corruption in police department could be reduced by raising public awareness. The general public encourages corruption in the police department. Some of the initiatives that are essential for public awareness include education and awareness campaigns, annual workshops, and informing citizens of their rights and empower them to monitor the police through service delivery surveys (Cole & Gertz, 2013).

On the other hand, corruption in the police department could be eliminated by involving the National Integrity Unit in integrating reforms. The National Integrity Unit strengthens government offices by addressing integrity and economic reform issues. Involving this unit will assist in pointing out corrupt people in the department and taking the necessary measures towards them in order to caution any other person willing to carryout corrupt deals. In addition, the National Integrity Unit will educate people on the importance of leaving a corrupt free live and following the necessary protocol in acquiring justice (Cole & Gertz, 2013).

Question eight

What should be done at the local and federal level to deal with the current illegal immigration problems? Remember, you must back up and substantiate everything in the response. 

The local and federal governments have a big task fighting illegal immigration. This problem can be solved in the following ways. Firstly, the federal government should device ways of identifying all non-U.S. citizens working in the country biometrically. The government should device a nationwide biometric identification process for all visitors in order to determine those in the country illegally. In addition, employers willing to hire workers across the border should register them electronically in order to be accepted as a worker-visit eligible to work in the country. Secondly, the federal and local governments should put in place effective legal entry procedures. Immigration officers should offer the required waiting period for immigrants to allow law enforcers humble time to check and register incoming visitors. In addition, humble waiting period gives the police enough time to screen visitors and crosscheck against criminal and terrorist databases. Finally, the local government should give punishment to illegal immigrants to act as an example to others. Apart from deportation, illegal immigrants should be given other punishment measures such as spending some time in jail to learn a lesson (Cole & Gertz, 2013).

References

Aborn, J. et al. (1999). The California Prison and Rehabilitation System. Ethics of Development

in a Global Environment. Retrieved from:

http://www.stanford.edu/class/e297c/poverty_prejudice/citypoverty/california.htm Cole, G.F., & Gertz, M.G. (2013). The criminal justice system: Politics and policies. Belmont,

CA.: Wadsworth/Cengage Learning.

Reddy, V. P. and Levin, M. A. (2013). The Conservative Case Against more Prisons. Retrieved

March 6, 2013 from:

Http://www.theamericanconservative.com/articles/the-conservative-case-against-more-prisons/

Case Study: Transforming Data into Information

Institution

Name

Date

Case Study: Transforming Data into Information

This case study focused on producing a report to demonstrate the ability to analyze data both graphically and numerically. The case study was based on the data obtained from the Regional Call Center's Washington, DC. Regional is a company that provides contract call center services to various companies in the US, including major retail organizations, and banks, among others. As the company's supervisor and having worked with the company for seven years, I was required to prepare a report describing the calls that the company handled for one of the Regional's clients. Thus, I was provided with a data file consisting of 57 calls and with the following variables: account number, past due amount, current account balance, and nature of the call.

Therefore, to produce the report, the data were analyzed both graphically and numerically using Excel. For instance, to investigate whether there was a difference in the mean and median current account balance, a bar chart was produced (Figure 1). The results showed that the average current account balance was greater than the median current account balance. Since the mean was greater than the median, then the distribution of the current account balance was positively skewed (Stephanie, 2022). This implies most of the current account balances were equal to or greater than the mean.

Figure 1. Bar chart of the mean and median current balance

In addition, to understand the relationship between current account balance and past due amount, a scatter plot was used (Figure 2). A scatter plot helps a researcher to understand the direction and strength of the linear relationship between variables ("What is a scatter plot and when to use one," 2020). The scatter plot showed a weak positive linear relationship between current balance and past due. This implies that when the current account balance increases, the past due amount also increases. Conversely, when the current account balances decrease, the past due amount also decreases.

Figure 2. Scatter plot of current balance vs. past due

Moreover, descriptive statistics were computed to further describe the current account balance and past due amount (Table 1). Descriptive statistics are useful in research because they help in describing the fundamental characteristics of the data (Trochim, n.d.). In addition, when combined with simple graphics, they help in gaining insights into the data. Based on the results, the highest current amount due was 323.78. On the other hand, the lowest current amount due was -129.67. The average current amount due was 62.70, while the median was 57.54. Since the mean was slightly greater than the median, then the current amount due data was skewed to the right (positive skewness). The standard deviation was 75.58, which is very large. This implies that there was high variability in the data. This high variance is a good factor that can attract aggressive investors, who are less risk averse. However, the high variance could discourage conservative investors who have less risk tolerance ("Is variance good or bad for stock investors?" 2015). In fact, the coefficient of variation was 1.21, which further supports that the variance was extremely high to attract investors.

For the past due amount, descriptive results showed that the minimum was zero, while the maximum was 386.77. This indicates the highest amount required to make the bank account current again. The results also revealed that the average past due amount was 23.95 and a median value of zero. This implies that the past due amount of data was skewed to the right (positive skewness). The standard deviation was 61.67, which was very high. This high variability could discourage conservative investors with less risk tolerance.

Table 1: Descriptive Statistics (Current Amount Due and Past Due Amount)

Current Amount Due   Past Due Amount  

Mean 62.6982456 Mean 23.9464912

Standard Error 10.010904 Standard Error 8.16830585

Median 57.54 Median 0

Mode 0 Mode 0

Standard Deviation 75.5806676 Standard Deviation 61.6693568

Sample Variance 5712.43732 Sample Variance 3803.10957

Kurtosis 1.99588201 Kurtosis 22.0569587

Skewness 0.56451104 Skewness 4.29303586

Range 453.45 Range 386.77

Minimum -129.67 Minimum 0

Maximum 323.78 Maximum 386.77

Sum 3573.8 Sum 1364.95

Count 57 Count 57

The descriptive statistics for the past due balances were also computed (Table 2). The variable was derived as the difference between the current account amount and the past due amount. The descriptive statistics showed that the maximum past-due balance was 323.78. The maximum value indicates that the past due balance was 323.78 above the current due balance. On the other hand, the minimum past-due balance was -386.77. The minimum value indicates that the worst account was 386.77 below the current balance. The average past-due balance was 38.75. This implies that on average, the bank was above the current balance by 38.75. However, the standard deviation was 86.86, which was very high. This implies that the past-due balance was very unreliable for investors.

Table 2: Descriptive Statistics (Past Due Balance)

 Past due balance

Mean 38.7517544

Standard Error 11.504976

Median 50.79

Mode 0

Standard Deviation 86.8606639

Sample Variance 7544.77493

Kurtosis 11.3810395

Skewness -1.6611254

Range 710.55

Minimum -386.77

Maximum 323.78

Sum 2208.85

Count 57

In conclusion, the results revealed that the average current account amount was higher than the median. This implies most of the bank's accounts had a current amount equal to or above the mean. However, descriptive statistics indicated that the current amount due had high variance, indicating that there was high variability in the current amount balance for the 57 calls. Regarding the past due amount, the results revealed that the amount was 386.77 above the current amount due. In addition, the mean was higher than the median, indicating that the distribution of past due amounts was positively skewed. This further implies that, on average, the past due amount for most of the calls was greater or equal to the mean. However, the standard deviation in past due amounts indicates that the company was unreliable for investment, especially those that are less risk tolerant. This case study also analyzed the past due balance using descriptive statistics. The results showed that the worst account was 386.77 below the current balance. In addition, there was high variability in the past due balance indicating that the 57 calls were generally unreliable for less-risk tolerance investors.

Moreover, this study investigated the relationship between the past amount due and the current amount due. The results showed a weak and positive linear relationship between the variables. This implies that when the current amount due increases, the past due amount also increases. Conversely, when the current amount due decreases, the past due amount also decreases. Thus, for the company to reduce the past due amount, it should encourage investors to increase the current amount due. In addition, the company should focus on investors who are aggressive investors, who are less risk averse.

References

Trochim, W. M. (n.d.). Descriptive statistics. Retrieved from https://conjointly.com/kb/descriptive-statistics/

Is variance good or bad for stock investors? (2015, April 14). Retrieved from HYPERLINK "https://www.investopedia.com/ask/answers/041415/variance-good-or-bad-stock-investors.asp" https://www.investopedia.com/ask/answers/041415/variance-good-or-bad-stock-investors.asp

What is a scatter plot and when to use one. (2020, July 10). Retrieved from HYPERLINK "https://visme.co/blog/scatter-plot/" https://visme.co/blog/scatter-plot/

Stephanie. (2022, January 13). Pearson mode skewness. Retrieved from HYPERLINK "https://www.statisticshowto.com/pearson-mode-skewness/" https://www.statisticshowto.com/pearson-mode-skewness/

Addiction to social mediaAddiction may be referred to dependency on certain things. Anyone may be addicted to the social media and internet depending on how they use it. Currently, everyone is accessing information online. This makes it easier for anyone to print the information accessed and read it at his or her own convenience. As far as accessibility is concerned, digital media has improved technological. A smarter methodology would be how people use the resources available.

Many people think that social media sites such as twitter and Facebook are harmless platforms allowing personal expression and social interaction. Other people think that social media is an entertaining form of engaging with others.

Various studies conducted show that social media can make people to be addicted to it. According to a research conducted by University of Chicago, social media was found to be more addictive than alcohol and cigarettes (Osuagwu, 4). This addiction is compelling the urge of one feeling to be connected to the internet throughout. This urge is satisfied when one logs on and becomes social with other people on the internet all over. Social media desires are hard to control as the internet is easily accessible and people think that it is less harmful than drugs. Additionally, people suffering from low self esteem are likely to be addicted to the social media to sites such as twitter and Facebook. Social media becomes addictive to an individual when he or she checks the Facebook account and twitting regularly. One way to know if the social media has addicted you is the moment you feel worried when you have not accessed either Facebook or twitter.

A research conducted at Cornell University, for instance, showed that half of a class was permitted to use laptops connected to the internet throughout a lecture, however the other half were not allowed to use laptops. Those students having internet connection did worse in the tests as they did not retain the contents of the lecture. This showed how shockingly web surfing would interrupt students. Schools should be cautioned on wiring classrooms with internet cables with the hopes of improving learning (Carr, 2010).

Another study conducted at Stanford University’s Communication Between Humans and Interactive Media Lab showed how a group of researchers gave different intellectual tests to 49 individuals doing a lot of media multitasking. On the other hand, the researchers gave intellectual tests to 52 individuals multitasking frequently (Carr, 2012). The study showed that the heavy multitaskers’ students did their tests poorly. They became distracted easily, they did not differentiate vital information from trivia and these students had minimum control over their attention. These studies surprised the researchers. Their expectations were that the intensive multitaskers’ students would have acquired an exceptional mental advantage.

But this was not the case. These heavy multitaskers’ students were not good at multitasking. According to Carr (2010), Clifford Nass heading the Stanford laboratory stated that everything distracted the multitaskers. Scientists discovered that the human brain’s cellular structure adapted readily to the tools used by humans. These include tools used for storing, finding and sharing information. By changing our mind habits, every new technology toughens other neural pathways and weakens other neural pathways. The cellular variations are continuing to shape our thoughts even if we are not using the internet and technology.

The revolutionary neuroscientist Michael Merzenich believed that our brains were being remodeled massively using the internet and other related media. He was worried on the consequences of the interruptions and distractions created by using the internet often. Michael went on to affirm that the long term effects of these distractions could affect the lives of many internet users. Using the internet encourages everyone to slow down putting them in a continuous mental locomotion state. Using internet scatters the attention of many users while the book focuses on the attention. In addition, book pages endorse contemplativeness (Carr, 2010).

Lisa Merlo a professor in UF College of Medicine stated that even though mobile phones have made the modern life to be more convenient, they have started to interfere with the users lives who do not know when to turn the phones off (Fla, 2007). Talking on a phone regularly might have consequences but being connected and having the urge to know what is happening and being available to other individuals’ leads to phone addiction. Nearly every individual has a mobile phone and uses it often. A number of individuals become worried when they forget their phones or when they are forced to switch off their phones.

Fla (2007) asserted that Merlo said that mobile phone addicts regularly checked their phones for text messages or voicemails. For instance, an addicted mobile phone user may be nervous when his or her messages or phone calls are not answered at the moment. This will affect the user on a day to day basis. A Japanese research showed that young people using mobile phones frequently do not make new friends with other youngsters with no phones. Moreover, a British research showed that 36 percent of university students surveyed stated that they could not survive without using mobile phones (Fla, 2007).

In conclusion, mobile phone addiction may cause brain changes even though researchers have not shown anything that may happen to the brain of mobile phone users. Mobile phones are a great technology and useful but one needs to regulate the time spent when using the phones. On the other hand, to get rid of social media addiction, one needs to keep track of the time spent on the sites such as twitter and Facebook. Scheduling the social media time is a good idea. Additionally, closing down web browsers and removing desktop applications could minimize addiction. Using an alarm clock than the mobile phone will be more effective.

Works Cited

Carr, Nicholas. “Does the Internet Make You Dumber?” The Wall Street Journal. (2010): Web. 1 Dec. 2012 <http://online.wsj.com/article/SB10001424052748704025304575284981644790098.html>

Osuagwu, Nnamdi. Facebook Addiction: The Life & Times of Social Networking Addicts. Massachusetts: Ice Cream Melts Pub, 2009. Pp. 4

Fla, Gainesville. “Addicted to phones? Cell phone use becoming a major problem for some, expert says.” University of Florida News. 2007. Web. 1 Dec. 2012 < http://news.ufl.edu/2007/01/18/cell-addiction/>

Addressing Sexual Harassment in Work Place

Name

Institution

Date

Addressing Sexual Harassment in the Work Place

A recent statement realised by the Equal Employment Opportunity Commission shows that there are approximately 7000 reported cases of alleged sexual harassment. Recent public movements such as Times Up and me too movements have been hitting our screens in the near past. The ‘me too’ campaign has received a world wide support with over 1.7 million tweets and 12 million Facebook posts from eighty five different countries. The above numbers expose the magnitude of the issue of sexual harassment in the work place. A resent research conducted by the Langer Research Associate estimates that nearly 33 million women in the United States have experienced some form of sexual harassment in the work place. According to these women such behaviours were perpetrated by the male colleagues.

To understand why, when and how sexual harassment occurs we need to first define what exactly is sexual harassment. There are a myriad of definitions which attempt to describe sexual harassment. There are both academic and legal definitions of sexual harassment (Siuta, 2019). One of the definitions terms sexual harassment as any behaviour that is sexual in nature which the victim regards as threatening, offensive and which exceed her resources.

Another definition explains sexual harassment as any kind of behaviour solicited by a male worker which exalts the sex role of a woman over her work as an employee. The behaviour should be non-reciprocal on the side of the victim. A more recent definition terms sexual harassment as any form of abusive and counterproductive behaviour which at its core is connected to hierarchical power at the work place. The above definitions point out to the general definition that sexual harassment is typically any behaviour that is sexual in nature, unwanted and hostile. It involves exploitation of power in order to discriminate, take advantage or coerce the victim to something against their will. As a result there is always abuse of power that is connected to sexual harassment.

It is important to note that the definition of sexual harassment is subjective (Gruber, 1998). What constitutes sexual harassment varies from person to person. Different employees have different perceptions as to what exactly constitutes sexual harassment at the work place. Generally, sexual harassment is framed around the act of male colleagues harassing female workers. However, this does not exclude the fact that males can be victims of sexual harassment. Men can be victims of sexual harassment but the act is more prevalent on women. When compared to the male counterparts, the negative effects of sexual harassment are more severe on women than men. As a result, much of the discussion on sexual harassment will tend to focus more on women being harassed by men. As an important guide organizations need to come up with their own definition of sexual harassment and point out situations when men and women have been victims of sexual harassment.

The high rate of occurrence of sexual harassment has made it difficult to accurately assess the issue. In the United States, it is estimated that 38% of women and 13% of men have been victims of sexual harassment at one point. A research conducted by Pew Research Center gave a report that estimated around 49% of women who work in male dominated fields are victims of sexual harassment. An interview with women who work in male dominated fields such as engineering and architecture confirmed that this is indeed one of the biggest challenges that women face at work. The same study by Pew Research Center shows that 32% of women who work in a balanced work environment that is an environment with equal number of women and men workers or even women workers are more attest to experiencing sexual harassment. It is estimated that the rate of sexual harassment in European countries is anywhere from 17% to 81%. Most of the reported cases of sexual harassment are often reported by women.

The high prevalence in incidents which are termed as sexual harassment is caused by the fact that most victims either downplay of minimize acts which qualify as sexual harassment. Victims of sexual harassment fear the consequences of reporting a case of sexual harassment. In the event of reporting, the victim may be coerced to underreport or under emphasise the experience. There is also the fear of the unknown at the work place. Most victims are not sure how the organisation would respond to a case of sexual harassment. In male dominated fields, women fear or are reluctant to report cases of sexual harassment because they are unsure how people would respond. Most women would rather suffer in silence for fear that their male counterparts would discriminate against them. There is also the issue of the discrepancies in terms of definition of sexual harassment by different countries. What amounts to sexual harassment in one country may not be so in another country.

From the above data and statistics one would wonder why there is an escalation of sexual misconduct. Research by many universities and organisations incline to the fact that there is a direct relationship between sexual assault and sexual harassment. In the United States, cases of sexual harassment are more prominent in the military and higher education systems. In the United States army research, a study conducted on the African American female veterans showed that most of them have been victims of child and adult sexual abuse, sexual harassment and intimate partner violence (IPV) (Refinetti, 2018). The above outcomes have contributed to negative health outcomes both physically and mentally.

A study done on graduate students showed that there is a relationship between peer sexual assault and peer sexual harassment. Both cases were high in both men and women. It is important to note that more often heightened cases of sexual violence lead to sexual harassment. In recent posts, it is believed that the heightened cases of sexual harassment in Dallas Mavericks Organization which is part of the National Basketball Association (NBA) has led to sexual assault. It is improper to link sexual assault to sexual harassment but there are numerous studies which point out to the fact that there is a close association between sexual harassment and sexual assault. In addition the steps that are involved in eliminating sexual harassment are less expensive compared to a single case of sexual assault. This makes it very necessary to counter and prevent sexual harassment before it escalates to sexual assault.

Sexual harassment is widespread in many societies around the world. In the United States a study done by Langer Institute of Research on middle school students showed that female students were exposed to sexual harassment in the form of sexual jokes or comments, spread of sexual rumours, forcible sexual contact and homophobic comments. Many people are exposed to sexual harassment at a very young age. The issue escalates and becomes more rampant at the work place. It is ignorant to sit down and hope that the problem will go away (Singh, 2012). Sacking the perpetrators at the work place will not make the problem go away. It is important for organizations to stand up and unite in the war against sexual harassment. Organizations should be role models in the society in the war against sexual harassment.

Many people are of the opinion that the rise in the cases of sexual harassment are as a result of many organisations down playing the issue. Organisations need to come up with specific measures which are geared towards preventing sexual harassment. One important factor is to acknowledge the existence of sexual harassment. Organisations need to come up with a clear definition of the term sexual harassment and state out clearly situations and instances which conform to this definition. Unfortunately the role of preventing sexual harassment is not 100% the duty of an organisation. Most of the causes of sexual harassment are beyond the control of the organisation. It is even more difficult to alter the ratio of men to women as a means of curbing sexual harassment.

However, there are other areas of controlling sexual harassment that organisations can tap into. Supervisor support, co-work support and perceptions of autonomy are characteristics within the control of an organisation. There is a guarantee that offering co-worker support, supervisor support and giving workers more autonomy on how they do their job leads to reduced cases and instances of sexual harassment. Organisations should encourage co-workers and supervisors to work to cooperate with the organisation to put an end to this issue. Conducting proper training and instilling interpersonal skills in the work place are important strategies used to curb sexual harassment.

It is also important for the organisation to curb the climate for sexual harassment (Castellon, 2010). An organisation needs to enrol a climate that has zero tolerance for sexual harassment. Employees need to be encouraged to report cases which are linked to sexual harassment. The only way to encourage employees to report is to take serious and legal action against previous perpetrators of sexual harassment. Sexual harassment is a pervasive and complex issue in the work place that will not be solved overnight. Every step against it will ensure that the goal is reached.

References

Castellon, R. (2010). Workplace Motivation & Addressing Sexual Harassment in the Organization. PsycEXTRA Dataset. doi: 10.1037/e564922012-001

Gruber, J. E. (1998). The impact of male work environments and organizational policies on women’s experiences of sexual harassment. Gender & Society, 12(3), 301-320.

Refinetti, R. (2018). Sexual Harassment, Sexual Consent, and Beyond. Sexual Harassment and Sexual Consent, 5–17. doi: 10.4324/9781315129259-2

Singh, P. (2012). Sexual Harassment at Work Place. SSRN Electronic Journal. doi: 10.2139/ssrn.2118899

Siuta, R. L., & Bergman, M. E. (2019). Sexual Harassment in the Workplace. Oxford Research Encyclopedia of Business and Management. doi: 10.1093/acrefore/9780190224851.013.191

Mr. Stone’s Investment Portfolio

Name

Institution

Mr. Stone’s Investment Portfolio

Having increased his income by $ 1 million Mr. Stones requires a detailed investment portfolio to ensure his new fortune does not depreciate but rather appreciate. According to his wishes and expectations, Mr. Stones is not too knowledgeable when it comes to the investment sector, but even so he still wishes to increase his fortune by 10% before the end of the financial year. To easily achieve this goal the first move is making an investment portfolio which ensures that the finances are not only well utilized but also directed to ventures that will eventually yield the highest income as well as those that do not expose him to too high risk levels. The investment portfolio will assist him in answering questions revolving around good investment strategies, level of risk tolerance and relationship between his investment goals and his age matters.

Mr. Stone’s portfolio will target his entire income of $ 1 million that he received from his inheritance. Since he is in his early 40’s he can only manage to take investment decisions that are fairly quick to mature such as cash and bonds. 25 percent of his income will go to this quick investments which means that $1million divide by 25% which equals to $25,000 will go to attainment of the monetary goal. Secondly, even though Mr. Stones may prefer quick return investment he may as well set aside some of his income to cater for international and small capitalization funds. This means that he requires investing in stock to better achieve his set goals of increasing his income by 10 percent. Though stocks may have higher risk levels their returns may be higher than what he is likely to achieve from bond and cash investment. However, he requires understanding return per share, divides likely to be given and beta of the selected stocks before he can decide to investment in any stock.

Further, I decided to invest in a wide variety of companies specifically nineteen companies from different industries to be sure that market challenges in a particular industry does not interfere with my investment goals too much. During selection of these companies, I choose those that have show sufficient growth potential using their composite beta. The main reason of doing so, is to capture any market unexpected boom which in most cases bring about huge returns even though the risk certainty level is higher.

In conclusion, the total investment was $1,000,000. The stocks selected were from companies that have recorded high average growth over the past five years. The stocks beta was 1.02 and provided a return on investment of 2,879,973 meaning that Mr. Stones investment goals of attaining 10% income increase will be meant even though there were a few stocks that recorded a downturn of -10%.

Happiness and Ethics

(Author’s name)

(Institutional Affiliation)

More than any other philosophers, Aristotle enshrines happiness as a key purpose of human goal and life in itself. Because of this, he devotes more time and space to the issue of happiness than any other philosopher does before the modern era. He concludes that happiness depends on virtue cultivation. Essentially, this philosopher argues that virtue can be attained by maintaining the mean, which he defines as the balance that exists between two excesses (Ross, 1995). This paper, therefore, will discuss the thoughts of Aristotle about happiness.

There are two understandings of happiness or eudaimonia, one which is comprehensive, and another that is an intellectualist understanding. For instance, eudaimonia is appreciated in the activity of the most divine part of humanity, working in accordance with its appropriateness. According to the philosopher, this is the action of hypothetical consideration. According to the inclusive account, eudaimonia essentially involves not just the theoretical intellect activity, but also the full range of human action and life, in line with the broader practical wisdom and moral virtual excellences. This understanding associates eudaimonia with the human nature concept as composite; that is as including the interaction of emotion, reason, action, perception (Nagel, 1972).

There have been numerous arguments that indicate that Aristotle was more tempted by the intellectualist argument of eudaimonia. One of the best influential works on Aristotle is seen to be the Nicomachean Ethics, where he comes up with a theory of happiness that is even relevant today. In this case, one of the most essential questions that the philosopher looks to answer is what the ultimate purpose of existence of humanity is. Additionally, what is the ultimate end or goal should humankind direct their existence. In all our lives, we have witnessed individuals looking for pleasure, excellent reputation and wealth, but while each of these have some form of value, none of these can take the place of the central good for which humankind should strive to obtain (Aristotle, 2004). To be an ultimate end or goal, an action should be final and self sufficient; that which is at all times desirable in itself and never because of anything else, and it must be achievable by man. Aristotle argues that almost everyone would identify with the claim that happiness is the end, which addresses all of man’s needs (Nagel, 1972).

This definition of happiness utilizes and integrates into its understanding the aspect of good and spirituality, and supreme beings. This is unlike our usual understanding of what happiness is. It is how believe that happiness is reaching at a point or state whereby individuals are content and enjoying their lives to the fullest. With most individuals today, it is easy enough to realize that we want pleasure, money, and honor because individuals believe that these aspects will bring us happiness. The main problem is that happiness in most of our societies is conceived as a state of mind that is subjective. This is so because one might say that he is happy simply because he gets to enjoy a cold beer as a way of relaxing. It is quite different from our understanding of happiness because in most cases we do not see happiness as an end to itself; for Aristotle, however, happiness is a final goal or end that involves the totality of the life of an individual. It can, therefore, never be lost or gained in a short period, like sensations that are pleasurable. Aristotle sees it as the ultimate value of an individual’s life until it ends (Nagel, 1972).

Aristotle argues that if individuals are to stop with the truism, which the highest human good is eudaimonia, then they must enquire into a man’s ergon, since if an individual possesses ergon, then they are good and their good acts as a function of its ergon. The ergon of an individual or a thing is what he or it does that makes him or it what it is. Not everything or everyone has an ergon, but when they happen to possess it, then their good is spelled out by it. The appropriate human ergon, by which excellence in humanity is measured, is that which makes someone a man rather than something else. For instance, men do many great things, but since other living organisms can do the same things equally well, these things do not have anything to do with what makes individuals human (Hughes, 2001).

According to Aristotle, happiness involves attaining, through one’s life course all goods including wealth, health, friends and knowledge that result to perfection of the nature of humans and to the enrichment of one’s life. This requires individuals to make choices, some of which are usually difficult. In most cases, the lesser good promises an individual immediate pleasure, which is usually more tempting. The greater good, on the other hand, is difficult and requires sacrifice. This philosopher’s doctrine of virtue is regarded as the golden man between the extremes of deficiency and excesses. To him, therefore, happiness is determined by the acquisition of a moral character, in which an individual displays a number of virtues such as the virtual of courage, justice, generosity, citizenship and friendship in their lives. These virtues require the individuals to establish a balance or mean between deficiency and excess. A non- virtuous person can, therefore, never be happy (Aristotle, 1980).

On the matters of happiness, I agree with Aristotle more than Plato because Aristotle argues his points more logically in and in a manner that most individuals can identify with; for example, in the case of attaining such goods and virtues as courage, health, knowledge and pleasure as ways of attaining happiness.

References

Aristotle. (1980). The Ethics of Virtue. Oxford University Press.

Aristotle. (2004). Nicomachean Ethics, ed. Hugh Treddenick. London: Penguin. 

Hughes, G.J. (2001). Routledge Philosophy Guidebook to Aristotle on Ethics. London: Routledge.

Nagel, T. (1972). Aristotle on Eudaimonia. Phronesis, 17(3): 252-259.

Ross, Sir D. (1995). Aristotle (6th Ed.). London: Routledge.

Morality And Kant

“All rational knowledge is either material, and concerns some object, or formal, and is occupied only with the form of understanding and reason itself and with the universal rules of thinking, without regard to distinctions among objects”(page 3). Kant uses these thoughts throughout all of his writings; all of his comments, thoughts, and views relate back to this principle. Kant expresses his views on morality, duty, good will, and moral duty through out the “Foundations of the Metaphysics of Morals.” I agree with many of Kant’s views of these principles, but at the same time disagree with the extremes he takes in trying to persuade the reader.

The first “proposition of morality” is that you have to have done something to achieve moral worth. On page 14, Kant says that action done out of “vanity or selfishness” is not true moral worth. Kant uses the example of a sorrowful man. Although this man is sorrowful, he still helped others around him. While helping others, he could not accept sympathy from them because he was so preoccupied with his own sorrows. He doesn’t receive anything in return for his help; now, since he is not receiving anything for his help, he has done this act with “genuine moral worth.” He is helping others without even being aware of the effect he is having on them. On page 16 it states, “An action done from duty does not have its moral worth in the purpose which is to be achieved through it but in the maxim whereby it is determined.” This quote is Kant’s second proposition of morality. Kant’s second proposition is a lot like the first. I think what Kant is trying to say that when someone does something, not to benefit him or herself, it is done for “duty.” When I read this I thought of politicians. When a politician is campaigning he promises “lower taxes” and “better health benefits.” Although he may actually try to achieve these things, he is using the hope of the voters to get where he wants to be. This example is against what Kant believed.

The third proposition of Kant states, “duty is the necessity to do an action from respect to law.” The third, I believe, is achieved through the first two propositions. When someone does their “duty” to a country or a city, it is because they respect the laws that were made there. When I hear the word, “duty” I think of being in the army, especially during a draft. When someone gets drafted it is their duty to serve their country. Although some do cross country borders to get away from it, those who respect their country and its laws will serve with pride. Kant believes and knows that doing your “duty” won’t always make you happy; according to him, happiness is a false guide for duty. Kant believes that you should do your duty in life. Kant’s ethical views do not deal with moderation, wisdom, or being happy, but instead it deals with what your duty is, what you are bound to do. Kant’s thought on morality is doing “the duty” even if you do not want to do it. It is about realizing what you need to do and doing it. Kant realizes that doing your duty isn’t always going to be something you enjoy; but that it is not hard to determine whether you are acting selfishly or out of duty.

Kant’s three “propositions to morality” are very well thought out and well developed. I believe that the ideas that Kant has expressed are thoughts that all of us think on a daily basis; we just have a selfish mentality that we all must overcome.

Kant’s three propositions display how he feels about morality and “good-will.” Kant believes in the “moral law.” The moral law is that we act in such a way the maxum of your action can be universal law. A maxum is a rule or standard. Kant knows that his views on ethics and morality can be controversial. Kant states that you have to know what “moral” is before you can become moral. On page 24, Kant uses the example of friendship. He states, “pure sincerity of friendship can be demanded of every man, and this demand is not in the least diminished if a sincere friend has never existed, because this duty, as duty in general, prior to all experience lies in the idea of reason which determines the will on a prior grounds.” I believe Kant is saying that you cannot expect someone to act a certain way when they have never had an example of how they are supposed to work. To Kant, virtue is voluntary in such it comes from good will. Your “good will” is key in doing anything; it!

is the ability to choose what you want to do.

Kant disagrees with the idea of lying. He sees the views that people take on lying, but do not agree with them. Kant realizes that people lie to get out of bad situations, but once you lie, what do you do next? Kant believes that once you drift away from the “principle of duty” that it is bad, and you are being untrue to the rules that you know. Kant says that if one person lies, then that breaks communication between that person and the person they are having a conversation with. Kant believes that when lying you are breaking “moral law.” And you should not use a lie to get yourself out a difficult situation, when most likely you put yourself in that situation to begin with.

Kant has many thoughts about moral duty. He believes that there are four categories that Kant gives moral duty. The first category of moral duty is committing suicide. Kant states on page 38, “for love of myself, I make it my principle to shorten my life when by a longer duration it threatens more evil than satisfaction.” I interpret this as it is better to end your life before you cause any harm to yourself or someone else.

And if you end your own life it may hinder you from completing your duty to your community or to the world. Kant believes that committing suicide is a selfish act, and I agree. The choice of committing suicide not only takes your own life, but it affects your family, friends, and peers. It causes your loved ones to feel pain and they lose the opportunity to spend more time with you. The second of Kant’s thoughts is that it is wrong to borrow money when you know you cannot repay it. This is also a selfish act, especially when you promise the person that you will repay them. “Now this is the principle of self-love or of his own benefit,” states Kant (page 39). If the man were to promise the money would be returned and does not do so, then the trust of the other man towards the borrower will decrease, as his respect will also. Kant’s third category is the cultivation of talents. While reading, I interpreted the passage on pages 39 and 40 to mean that if a person does not use the talents given to them, then they are being selfish. They should be using their talents to improve the community around them. Kant believes that talents are like a piece of metal. If you don’t use your talents, you will loose them; as in metal, if you don’t take care of it and nurture it, the metal will rust and will be useless. Kant’s final thought on moral duty comes from an old prophecy of: help those who are in need. “What concern of it is mine?” states Kant on page 40. Kant knows that everyone has struggles and hardships of his or her own, but some are stronger than others and more blessed, so those who are better off should help those under them. Again, this thought could be a selfish one. Kant knows that people are concerned for themselves and their family and that is all. So, it is a good person who helps others, and that is the person who sticks out and has an impact on the people and community around him or her.

Kant’s ideas and thoughts about morality are much like we are taught in The Bible: “Love your neighbor and even your enemy.” His principles are not uncommon for us today. Although we know how we should act towards others, we do not always do so. Many of Kant’s thoughts were confusing, but I do understood where he was coming from on his main points of morality. While reading Kant, I realized that many of the views I agree with and others I do not. Kant’s four points of moral duty shows his acceptance of many Christian beliefs. The main one being, “put others before yourself.” Also known as the Golden Rule, “Treat others as you want to be treated.” All four points of Kant’s moral duty basically reduce back to this thought. For example, wouldn’t you be upset if a loved one of yours committed suicide? You would be dealing with a lot of pain that you weren’t prepared to deal with. Also, you wouldn’t want to have someone borrow money from you, when they knew that they couldn’t repay it. And using your talents for the good of the community can affect everyone. If you don’t use your talent then someone else won’t use theirs, and the entire community will suffer. And referring to the fourth thought of Kant, if you were in need for necessities that could save your life, wouldn’t you want someone that was able to help you out do it? Of course, everyone needs to help everyone else as much as they can.

Kant knows that his views are controversial, but he tries to show that he can see both points of view. He may feel one way about a certain situation, such as his thoughts on lying, but expresses both sides of the story. I believe that Kant knows exactly what is going on in the world around him and things have not changed much today. I think we should all try to live up to some of Kant’s propositions, I believe it would better our own communities and world.

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