Wednesday, January 22, 2020
Christian Thoughts :: essays research papers
LONG AGO, or maybe not so long ago, there was a tribe in a dark, cold cavern. The cave dwellers would huddle together and cry against the chill. Loud and long they wailed. It was all they did. It was all they knew to do. The sounds in the cave were mournful, but the people didnââ¬â¢t know it, for had never known life. But then, one day, they heard a different voice. ââ¬Å"I have heard your cries,â⬠it announced. ââ¬Å"I have felt your chill and seen your darkness. I have come to help.â⬠The cave people grew quiet. They had never heard this voice. Hope sounded strange to their ears. ââ¬Å"How can we know you have come to help?â⬠ââ¬Å"Trust me,â⬠he answered. ââ¬Å"I have what you need.â⬠The cave people peered through the darkness at the figure of the stranger. He was stacking something, then stooping and stacking more. ââ¬Å"What are you doing?â⬠one cried, nervous. The stranger didnââ¬â¢t answer. ââ¬Å"What are you making?â⬠one shouted even louder. Still no response. ââ¬Å"Tell us!â⬠demanded a third. The visitor stood and spoke in the direction of the voices. ââ¬Å"I have what you need.â⬠With that he turned to the pile at his feet and lit it. Wood ignited, flames erupted, and light filled the cavern. The cave people turned away in fear. ââ¬Å"Put it out!â⬠they cried. ââ¬Å"It hurts to see it.â⬠ââ¬Å"Light always hurts before it helps,â⬠he answered. ââ¬Å"Step closer. The pain will soon pass.â⬠ââ¬Å"Not I,â⬠declared a voice. ââ¬Å"Nor I,â⬠agreed a second. ââ¬Å"Only a fool would risk exposing his eyes to such light.â⬠The stranger stood next to the fire. ââ¬Å"Would you prefer the darkness? Would you prefer the cold? Donââ¬â¢t consult your fears. Take a step of faith.â⬠For a long time no one spoke. The people hovered in groups covering their eyes. The firebuilder stood next to the fire. ââ¬Å"Itââ¬â¢s warm here,â⬠he invited. ââ¬Å"Heââ¬â¢s right,â⬠one from behind him announced. ââ¬Å"Itââ¬â¢s warmer.â⬠The stranger turned and saw a figure slowly stepping toward the fire. ââ¬Å"I can open my eyes now,â⬠she proclaimed. ââ¬Å"I can see.â⬠ââ¬Å"Come closer,â⬠invited the fire builder. She did. She stepped into the ring of light. ââ¬Å"Itââ¬â¢s so warm!â⬠She extended her hands and sighed as her chill began to pass. ââ¬Å"Come, everyone! Feel the warmth,â⬠she invited. ââ¬Å"Silence, woman!â⬠cried one of the cave dwellers. ââ¬Å"Dare you lead us into your folly? Leave us and take your light with you.â⬠She turned to the stranger. ââ¬Å"Why wonââ¬â¢t they come?
Monday, January 13, 2020
Femininity In ââ¬ÅDraculaââ¬Â Essay
Many critics and literary analysts believe that femininity or to some extent metamorphosis of women constitutes the central theme of Stokerââ¬â¢s ââ¬Å"Dracula. â⬠For instance, Kline explains that femininity occurs in two ways: first by the transformation of the ââ¬Å"goodâ⬠English women into sexually or intellectually challenging New Women, and then again when their ââ¬Å"potentially revolutionary attributes â⬠¦ are destroyed, one way or anotherâ⬠either through death, as seen with Lucy, or reduction to a silent (and therefore no longer intellectually challenging) inspirational figure, as occurs with Mina (Kline, 144). Explaining the idea behind women in Dracula Stoker argues that ââ¬Å"â⬠¦for women to deny their traditional role was to deny their womanhood, to challenge the distinctions between women and men upon which the family ~ and therefore society ââ¬â dependedâ⬠(Stoker, 206). Stokerââ¬â¢s ââ¬Å"Draculaâ⬠addresses these concerns regarding femininity as outlined by Stoker and Kline, and contains examples of it, through the ââ¬Å"brute forceâ⬠and ââ¬Å"sexual wantonnessâ⬠of the vampire women that attack Jonathan, as well as Lucyââ¬â¢s transformation and the ââ¬Å"masculine aggressivenessâ⬠represented by Minaââ¬â¢s capabilities. The men in the novel are established as representatives of a patriarchal society, but it is the authoritative presence of Van Helsing that is primarily used both to advocate a return to a patriarchal system, and to refeminize women through either denial of their abilities or by repeated insistence that they are objects of chivalric concern. The text is replete with examples where female identity is transformed. This is accomplished through a variety of methods that are, like the vampiric taint from the mixing of blood, interrelated. For example, Mina is transformed into an object of idealization and chivalric concern, and as a result of this ââ¬Å"protection,â⬠she is also attacked by Dracula and emotionally altered as a result of her exclusion ââ¬â both of which occur precisely because the men remove her from their counsel and leave her unattended. The text is used to show that these women ââ¬â in a sense ââ¬Å"new womenâ⬠representatives ââ¬â are dangerous and in need of ââ¬Å"correction,â⬠which occurs in the novel through punishment, including death and destruction, and the denial of authority. The sexual aspects of the New Woman are vilified through association with the monstrosity of vampirism, and what vilifies the intellectual woman in the text is her challenge to male intellect and authority. The attack on the sexual woman begins with Jonathanââ¬â¢s assault by the vampire women at Castle Dracula, which then justifies the attack on Lucy when she takes over as their ââ¬Å"modernâ⬠equivalent; since he gets no retribution against these vampire women, it is necessary in the text to have Lucy punished for her seemingly similar challenge to gender roles as a result of her potentially promiscuous behavior. The attack on the intellectual woman begins with what Johnson calls Minaââ¬â¢s ââ¬Å"discourteous actâ⬠in first handing Van Helsing her shorthand diary, which he is unable to read. The sexual woman in the text is first represented by the ââ¬Å"weird sistersâ⬠(Stoker, 80) at Castle Dracula, through both their role-reversing assault on Jonathan and their anti-maternal behavior in feeding on the ââ¬Å"half-smothered childâ⬠given to them by Dracula when he halts their attack (Stoker, 71). These women symbolize what Griffins calls ââ¬Å"the worst nightmare and dearest fantasy of the Victorian male: the pure girl turned sexually ravenous beastâ⬠(Stoker, 143), with these vampire women being classified as frightening ââ¬â and by extension, all modern or sexual women ~ in part due to the emotional confusion they create in men. Although they are described by Jonathan as ââ¬Å"ladies by their dress and mannerâ⬠(Stoker, 68), having ââ¬Å"brilliant white teeth, that shone like pearlsâ⬠and ââ¬Å"a silvery, musical laughâ⬠(Stoker, 69), their effect on Jonathan is described, through his own reporting, to make him uneasy (69) due to their ââ¬Å"deliberate voluptuousness which was both thrilling and repulsiveâ⬠and his reaction that he ââ¬Å"felt in my heart a wicked, burning desire that they would kiss meâ⬠(Stoker, 69). Interpreting Jonathanââ¬â¢s mixed emotions as resulting from a fear of an inability to sexually handle three women presents an interesting parallel later with Lucy, who wistfully speaks of being able to marry three men (Stoker, 91). By presenting womenââ¬â¢s sexuality as aberrant and monstrous rationalizes the violence that is utilized in destroying Lucy and the vampire women, and the text is therefore suggesting, through this vampiric taint, that all sexual women are dangerous and need to be destroyed. It is this destruction, in addition to physical death, that sends the message that there is no redemption for ââ¬Å"new womenâ⬠. Sewardââ¬â¢s diary records the event that lets Lucy ââ¬Å"take her place with the other Angelsâ⬠(253): ââ¬Å"The Thing in the coffin writhed â⬠¦ the sharp white teeth champed together till the lips were cut, and the mouth was smeared with a crimson foam. But Arthur â⬠¦ [drove] deeper and deeper the mercy-bearing stake, whilst the blood from the pierced heart welled and spurted up around itâ⬠(Stoker, 254). Similarly, Van Helsing records ââ¬Å"the horrid screeching as the stake drove home; the plunging of writhing form, and lips of bloody foamâ⬠as he ââ¬Å"restore[s] these [vampire] women to their dead selvesâ⬠(Stoker, 412). From the beginning of the novel Mina is presented as different from the vampire women, signifying that the woman who challenges gender roles through her intellect is different from the sexual woman. Jonathanââ¬â¢s journal distinguishes her from the ââ¬Å"awfulâ⬠vampire women: ââ¬Å"Mina is a woman, and there is nought in common [with the vampire women]. They are devils of the Pit! â⬠(Stoker, 85). Once the sexual woman has been dispensed of through Lucyââ¬â¢s death, the text then attacks the intellectual woman through Mina; and it is not until the former is eradicated that Minaââ¬â¢s talents are presented as dangerous or threatening. Although Charles Prescott and Grace Giorgio opine: ââ¬Å"Lucyââ¬â¢s transformation and destruction function as cautionary examples for Mina. She learns not only that vampires and transgression must be brutally brought into line but also what can happen to anyone outside the Victorian codes of normalcyâ⬠(Stoker, 151), it is only after she is stripped of the ability to use her intellect, as she is silenced by Van Helsing and excluded through the presumably chivalric protection of the men, that she becomes sexual. Descriptions of violence against women ââ¬â a retribution for their challenge to gender roles ââ¬â serve to impart the message that there is no redemption for femininity, that despite any atonement or transformation, their transgressions are considered so heinous that they must be destroyed. Interestingly, the eradication of Dracula, described merely as his ââ¬Å"crumbl[ing] into dust and pass[ing] from â⬠¦ sightâ⬠(Stoker, 418), without the brutality that is levied against the female vampires, serves as proof that the destruction previously described is in reprisal for the female transgression of gender codes, and not a necessity in ending the threat of vampirism. Works Cited Stoker, Bram. Dracula. Ed. Glennis Byron. Ontario: Broadview Literary P, 2000 Kline, Salli J. The Degeneration of Women: Bram Stokerââ¬â¢s Dracula as Allegorical Criticism of the Fin de Siecle. Rheinbach-Merzbach: CMZ-Verlag, 1992
Sunday, January 5, 2020
Tradition of Criminal Justice - Free Essay Example
Sample details Pages: 10 Words: 2976 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Tags: Criminal Justice Essay Did you like this example? à ¢Ã¢â ¬Ã
âCompare and Contrast the Common Law tradition of Criminal Justice with the Civil Law tradition using actual examples where possibleà ¢Ã¢â ¬Ã There is a general agreement that there are three major legal systems in the world; à ¢Ã¢â ¬Ã
âEnglish Common Law, Continental Civil Law, and Religious Lawà ¢Ã¢â ¬Ã (S M Shahidullah, 2012:13). Each legal system carries their own individual traditions which help explore how the systems have developed over time and it is these legal traditions that are used within society to ensure it runs smoothly and effectively as they provide all citizens with rules which they must obey by and follow. This paper will aim to compare and contrast the general features of two of the three major legal systems which are the Common Law and Civil Law traditions of Criminal Justice, incorporating actual examples. The essay hopes to initially state a general background and history of what each type of Law is; befor e going on to compare and contrast each component of the Civil and Common Law traditions of Criminal Justice. The components to be discussed will generate a clear structure for this essay and will be as follows; firstly, Sources of Law; secondly, The Court Systems; thirdly, Justice Actors; and finally the Criminal Process, before concluding the essay. It is onto the history of each tradition in which this essay continues. Through briefly exploring the history of Civil and Common Law traditions it aids in an understanding of the essential philosophical foundations of both traditions. The Civil Law tradition is the older of the two and it originates from the Roman Republic in the second century B.C (J G Apple, 1995:3). The name derives from the à ¢Ã¢â ¬ÃÅ"just civileà ¢Ã¢â ¬Ã¢â ¢ à ¢Ã¢â ¬Ã¢â¬Å" the civil law of the Roman Republic and the Roman Empire. In the Roman legal system the role of the à ¢Ã¢â ¬ÃÅ"juristà ¢Ã¢â ¬Ã¢â ¢ à ¢Ã¢â ¬Ã¢â¬Å" who was a person o f legal experts à ¢Ã¢â ¬Ã¢â¬Å" aided in making à ¢Ã¢â ¬Ã
âfundamental contributions to the developmentà ¢Ã¢â ¬Ã of the system (J G Apple, 1995:3). This was when the Civil Law tradition began to develop, as it was this time period in which the à ¢Ã¢â ¬ÃÅ"Twelve Tabletsà ¢Ã¢â ¬Ã¢â ¢ was born, à ¢Ã¢â ¬Ã
âthe first written law and rudimentary system of dispute resolution in Ancient Romeà ¢Ã¢â ¬Ã (V Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:9). The next major period which saw Civil Law progress was in the 6th Century A.D, this was when the à ¢Ã¢â ¬ÃÅ"Corpus Juris Civileà ¢Ã¢â ¬Ã¢â ¢ was commissioned to be written by the Emperor Justinian of Constantinople. The à ¢Ã¢â ¬ÃÅ"Corpus Juris Civileà ¢Ã¢â ¬Ã¢â ¢ codified many different areas of the Roman law which included things such as; inheritance, property, contracts and family (V Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:9). The first contemporary European University was established in Italy during the Enligh tenment Period (11th à ¢Ã¢â ¬Ã¢â¬Å" 15th Centuries) and it was here that students from all over Europe came to study Civil Law and took these influences back to their home countries. Unlike the Civil Law tradition, according to Dr Vivienne Oà ¢Ã¢â ¬Ã¢â ¢Connor à ¢Ã¢â ¬Ã
âthe development of Common Law has been described as a à ¢Ã¢â ¬ÃÅ"historical accidentà ¢Ã¢â ¬Ã¢â ¢, arising from the conquest of England by the Normans in 1066 A.Dà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:11). It was the Common Law tradition which introduced the idea of a jury, and this strategy was popular among the public as the jury was made up of à ¢Ã¢â ¬Ã
âmostly illiterate peopleà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:11) which it still is today in modern Common Law systems. The main idea of the jury was to represent interests of everyday people and to decide the fate of a person being prosecuted after hearing all the information. In 1701 an independent judiciary a rose from the Act of Settlement and shortly after this a well-known legal academic, Blackstone, published his Observations of the Laws of England, and this helped to develop the America Law (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:11). After this the Common Law impact spread world-wide to many countries from Australia to South Africa (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:11). One of the most commonly known differences between the Civil Law tradition and the Common Law Tradition is the source of law for each. The term à ¢Ã¢â ¬ÃÅ"source of lawà ¢Ã¢â ¬Ã¢â ¢ is understood to be à ¢Ã¢â ¬Ã
âthe authority from which the laws derive their forceà ¢Ã¢â ¬Ã (Legal-dictionary). Historically, the distinguishing difference between the two traditions is that the Civil Law source is from codified law whereas, on the other hand, the Common Law source is simply judge-made case law à ¢Ã¢â ¬Ã¢â¬Å" although in recent developments there has been evidence where Civil Law à ¢Ã¢â ¬Ã
âincor porates developments of case-lawà ¢Ã¢â ¬Ã (Dainow, 1966:427) and Common Law à ¢Ã¢â ¬Ã
âincludes legislative encroachmentsà ¢Ã¢â ¬Ã (Dainow, 1966:427). In Civil Law countries à ¢Ã¢â ¬Ã
âParliamentary legislation is the principal source of lawà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:11) and this legislation is made up of separate statues, codes and ancillary legislation. The book which contains all Civil codes is what holds the different laws which control the relationships between people. Usually the book of Civil codes encompasses the following topics; obligations and contracts, persons and the family, successions and donations, civil responsibility, things and ownership, lease, sale, matrimonial property regimes and acquisitive prescription (adverse possession) and special contracts, as well as liberative prescription (statute and limitations) (Dainow, 1966: 424). According to Dainow 1966, a code is a body of general principles which are cautiously arra nged and carefully integrated rather than special rules for certain situations (Dainow, 1966:424). It would be these codes or legislation that the judge would use to decide the outcome of each separate case and would not use à ¢Ã¢â ¬Ã
âanother case for guidance even if the facts were identicalà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:12). This was done because it was understood that the codes contained all the relevant information in order to decide a Civil Law case, and also believed that à ¢Ã¢â ¬Ã
âthe legislature makes the law, not the judgesà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:12). When looking at the source of law for Common Law countries, the picture is very different. Civil Law was à ¢Ã¢â ¬Ã
âdeveloped top-down by legislationà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:13) whereas Common Law was à ¢Ã¢â ¬Ã
âdeveloped historically on a case-by-case basis from the bottom-upà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:13). Histori cally Common Law focused on resolving differences at hand instead of producing legal principles. In Common Law, when a court would decide the outcome of a particular case à ¢Ã¢â ¬Ã
âits decision was not only the law for those parties, but had to be followed in future cases of the same sortà ¢Ã¢â ¬Ã (Dainow, 1966:424). Of course there would be times when new problems would arise and these problems would bring new cases which in result developed the rules of Common Law, and therefore à ¢Ã¢â ¬Ã
âjudicial decisions were both the source and the proof of the lawà ¢Ã¢â ¬Ã (Dainow, 1966:425). With the development of Common Law brought the conception of à ¢Ã¢â ¬ÃÅ"Precedentsà ¢Ã¢â ¬Ã¢â ¢ and a system named à ¢Ã¢â ¬ÃÅ"Stare Decisisà ¢Ã¢â ¬Ã¢â ¢ which ensured the whole system was kept consistent, fair and definite. Overall, in contrast to Civil Law, à ¢Ã¢â ¬Ã
âwhere judges are tasked with applying the law only, Common Law judges were tasked with mak ing the lawà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:14). Both the Civil Law and Common Law traditions are similar in the fact they both desire to find the truth, however, the way in which both court systems are set up to achieve this are different. The main difference within the Court Systems of each tradition is that à ¢Ã¢â ¬Ã
âCommon Law courts are unifiedà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:17) whereas in Civil Law countries à ¢Ã¢â ¬Ã
âseveral separate court systems often coexistà ¢Ã¢â ¬Ã (Apple, 1994:24). A Civil Law tradition has numerous sets of courts which all have their own judiciary, jurisdiction, procedure and hierarchy (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:15). In addition to this the Civil Law system has a theoretical distinction between à ¢Ã¢â ¬ÃÅ"publicà ¢Ã¢â ¬Ã¢â ¢ law and à ¢Ã¢â ¬ÃÅ"privateà ¢Ã¢â ¬Ã¢â ¢ law (Apple, 1994:23). The overall rule is that à ¢Ã¢â ¬ÃÅ"ordinary courtsà ¢Ã¢â ¬Ã¢â ¢ deal with private law cases whereas public law cases have their own separate jurisdictions, specifically, constitutional law and administrative law (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:16), and the courts to deal with public law matters, in contrast with the à ¢Ã¢â ¬ÃÅ"ordinaryà ¢Ã¢â ¬Ã¢â ¢ courts of private law, would be; social security, administrative, commercial, labour, and agriculture courts (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:15). Within the Civil Law tradition verdicts of à ¢Ã¢â ¬ÃÅ"Ordinary Courtsà ¢Ã¢â ¬Ã¢â ¢ can be appealed to à ¢Ã¢â ¬ÃÅ"Appellate Courtsà ¢Ã¢â ¬Ã¢â ¢ and above the à ¢Ã¢â ¬ÃÅ"Appellate Courtsà ¢Ã¢â ¬Ã¢â ¢, at the top of the à ¢Ã¢â ¬ÃÅ"Ordinary Courtsà ¢Ã¢â ¬Ã¢â ¢ stands the à ¢Ã¢â ¬ÃÅ"Court of Cassationà ¢Ã¢â ¬Ã¢â ¢ (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:16). The à ¢Ã¢â ¬ÃÅ"Court of Cassationà ¢Ã¢â ¬Ã¢â ¢ ensures à ¢Ã¢â ¬Ã
âuniformity in the lawà ¢Ã¢â ¬Ã and à ¢Ã¢â ¬Ã
âdecides on only questions of law and th e interpretation of statutesà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:16). This court can also support the decision of the à ¢Ã¢â ¬ÃÅ"Appellate Courtà ¢Ã¢â ¬Ã¢â ¢ or proclaim the decision to be unfitting. Overall, the Civil Law system follows the custom of unique codes for the different areas of the law and favours the à ¢Ã¢â ¬Ã
âspeciality court systems and speciality courts to deal with constitutional law, criminal law, administrative law, commercial law, and civil or private lawà ¢Ã¢â ¬Ã (Apple, 1994:37). Whereas, the Common Law tradition favours a combined court system with courts of common jurisdiction available to judge criminal law and most forms of civil law cases (Apple, 1994:37). The Court System of the Common Law tradition appears to be a simpler system to that of the Civil Law tradition because all Common Law courts are unified, à ¢Ã¢â ¬Ã
âmeaning that there is generally one Appeals Court and one Supreme Court in which any case may be s ubject to final scrutinyà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:17). The distinctive Common Law court system can be seen as a pyramid, with the lowest ranking court at the bottom, working its way to the highest ranking court at the top of the pyramid. The applicable courts to the Common Law system in England and Wales are beginning with the lowest; the Magistrates Court, the County Courts, the Crown Court, the High Court, the Court of Appeal, the Supreme Court, the Judicial Committee of the Privy Council, and lastly at the top of the pyramid the European Court of Justice (Gearey, 2012:46). Lately there has been a change in the sense of the development of specialised courts within Common Law for example; Tax, Family Law, Employment, and so on (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:17). Overall, the Common Law Court system prefers an integrated system to decide the outcome of criminal and most types of civil cases à ¢Ã¢â ¬Ã
âincluding those involving Constitutional Law, Admin istrative Law, and Commercial Lawà ¢Ã¢â ¬Ã (Apple, 1994:37). Within each Court systems there are different Justice Actors which are essential in the proceedings within both the Civil Law tradition and the Common Law tradition. The Justice Actorsà ¢Ã¢â ¬Ã¢â ¢ of the Civil Law tradition and the Common Law tradition show another major difference within the two systems. The Civil Law tradition, having a total of ten roles, has more Justice Actors than the Common Law which only has six. The Civil Law Justice Actors are; the sitting judge, the investigating judge, prosecutor, police/judicial police, defence counsel, lawyer/avocat, the victim, jury and lay judges, notary and the academic (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012: 17-22), and the six Justice Actors of Common Law are; judge, police, prosecutor, defence counsel, jury, and the victim (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:22-24). The three main Justice Actors of; the judge, the police, and the jury will be further explored. In the Civil and Common Law tradition the judge is a vital associate of the courts. A judge within a Common Law system à ¢Ã¢â ¬Ã
âis a much more powerful figure than in the Civil Lawà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:23) as previously stated they not only decide the outcome of a case but they create the laws themselves. At trial in a Common Law case it is the duty of the judge to act as a referee between the prosecution and defence. In contrast to a Common Law judge who à ¢Ã¢â ¬ÃÅ"refereesà ¢Ã¢â ¬Ã¢â ¢ cases, the investigating judge in Civil Law traditions is à ¢Ã¢â ¬Ã
âresponsible for leading the criminal investigation which includes interviewing the accused, the victim and witnesses; and preparing the case file to be passed on to the sitting judgeà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:17). A sitting judge is there to hear a Civil Law case in court and it is their job to à ¢Ã¢â ¬Ã
âquestion witnesses, and experts, and calls evidenceà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:18). The next role within the systems is the role of the police. In the Civil Law tradition there are particularly selected à ¢Ã¢â ¬ÃÅ"judicial policeà ¢Ã¢â ¬Ã¢â ¢ who help the prosecutor and investigating judge in the criminal investigation. In contrast to the Civil Law tradition, the role of the police in the Common Law system is to conduct the à ¢Ã¢â ¬Ã
âinitial investigation of a crime, from minor to more serious crimes, without any supervision from a prosecutorà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:23). The final Justice Actor within the systems to be explored is the Jury. Juries have always played a major role in Common Law systems and the role of the jury is à ¢Ã¢â ¬Ã
âto determine à ¢Ã¢â ¬ÃÅ"beyond a reasonable doubtà ¢Ã¢â ¬Ã¢â ¢ whether the accused person is guilty or innocentà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:24). Juries normally only exist in Common Law countries but r ecently there has been a development of them in Civil Law systems such as France and Belgium (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:21) and the duty of the jury in Civil Law is the same as the Common Law tradition. In what follows, the final component to be described between the Civil and Common Law systems is the way in which a case is conducted within each of the traditions. The procedure of a court case in the Common Law tradition can be described as adversarial whereas in the Civil Law tradition the procedure is described as inquisitorial. The inquisitorial model in Civil Law à ¢Ã¢â ¬Ã
âaims to attain justice with the composite effort of the prosecutor, the police, the defence lawyer and the courtà ¢Ã¢â ¬Ã (Acharya, 2003:63). On the other hand the adversarial model in Common Law à ¢Ã¢â ¬Ã
âadvocates the supremacy of law, that is equal treatment of law for all segments of societyà ¢Ã¢â ¬Ã (Acharya, 2003:65), and a crucial part of this system is legal representa tion from both sides. The criminal proceedings for each of the Civil and Common Law traditions go through the same five stages of; investigation, indictment, trial, verdict and sentencing hearing, and lastly appeals, but it is the way in which these stages are conducted that show the differences and the main stage to be further explored is the nature of the trial stage in each tradition. According to Oà ¢Ã¢â ¬Ã¢â ¢Connor, à ¢Ã¢â ¬Ã
âthe Common Law trial contrasts greatly from the Civil Law traditionà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:29). There are many differences within the trial stages but four main differences within each tradition of the trial stages are; time, central players, witnesses, and evidence. Firstly, a trial within a Common Law country tends to be lengthier than the Civil Law trial because of the requirement of à ¢Ã¢â ¬ÃÅ"live testimoniesà ¢Ã¢â ¬Ã¢â ¢, whereas because the judge in a Civil Law trial can look over the case files prior to the trial starting, it will be a much quicker trial (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:26). The next key difference lies within the central players of the different trials. In the Common Law trial the central players à ¢Ã¢â ¬Ã
âare the prosecutor and the defence counsel while the judge acts like an impartial referee between the twoà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:29), but in a Civil Law trial the judge is the central player to find the truth and à ¢Ã¢â ¬Ã
âneither the prosecutor nor the defence counsel takes centre-stage in the trialà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:26). The third difference to be recognised can be seen when it comes to the witnesses in the trial, and the difference is very simple. In a Common Law trial the prosecution and the defence à ¢Ã¢â ¬Ã
âcall their own independent experts to make their caseà ¢Ã¢â ¬Ã whereas in a Civil Law trial if expert witnesses are called they à ¢Ã¢â ¬Ã
âbelong to the courtà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:27). The final difference in the trial stage is when it comes to the evidence of a case. Evidence within a Civil Law trial is much wider than in the Common Law trial because the Civil Law advocates à ¢Ã¢â ¬Ã
âfree evaluation of evidenceà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:27). On the other hand, Common Law is à ¢Ã¢â ¬Ã
âbound by very complex rules of evidence, and rules for exclusion of certain evidenceà ¢Ã¢â ¬Ã (Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012:27). To conclude, this essay has aimed to compare and contrast the Civil Law tradition with the Common Law tradition by giving a brief history on each before exploring the components of; sources of law, court systems, justice actors and the criminal process. It has been found that the one main similarity in the two traditions is safeguarding the public and society but the differences lie within how this is done. Overall, the difference in the sources of law is that Civil Law is codified whereas Common Law is judge-made based law. The next difference lies in the court systems and the Civil Law tradition has several separate court systems in comparison to Common Law which is seen as a unified court system. This third difference can be distinguished from the justice actors in the sense that Civil Law countries have more Justice Actors than a Common Law country and the duties of each of these roles may slightly differ. The final component to show a difference between the Civil and Common Law traditions is the trial stage of the criminal process, and the four main differences lie within time, central players, witnesses and evidence. References Prof. Madhav Prasad Acharya, 2003. The Adversarial v. Inquisitorial Models of Justice.KSL Journal, Vol 1, Pages 63-70. James G Apple, 1995.A Primer on the Civil-law System. 1st Edition. Federal Judicial Center. Joseph Dainow, 1966. The Civil Law and the Common Law: Some Points of Comparison.The America n Journal of Comparative Law, Vol. 15, No. 3, pages 419-435. Harry R Dammer, 2011.Comparative Criminal Justice Systems. Edition. Wadsworth Publishing Co Inc. Melanie Davidson, 2014. Court Structures of the Common Law World.The Good Law Guide, Pages 1 59. Professor Thomas Fleiner, 2005. Two Legal Systems.Common Law and Continental Law, Pages 1 34. Adam Gearey, 2012. Common law reasoning and institutions.International Programmes, ., Pages 1-263 Dominik Lengeling, 2008. Differences, reciprocal influences and points of intersection.Common law and civil law, Pages 1 32 Peter O. Nwankwo, 2011.Criminology and Criminal Justice Systems of the World: A Comparative Perspective. Edition. Trafford Publishing. Dr. Vivienne Oà ¢Ã¢â ¬Ã¢â ¢Connor, 2012. Common Law and Civil Law Traditions.INPROL, Vol 1, Pages 5 à ¢Ã¢â ¬Ã¢â¬Å" 35 Francis Pakes, 2004.Comparative Criminal Justice. Edition. Willan Publishing (UK). Philip L. Reichel, 2012.Comparative Criminal Justic e Systems: A Topical Approach (6th Edition). 6 Edition. Prentice Hall Shahid M. Shahidullah, 2012.Comparative Criminal Justice Systems: Global and Local Perspectives. 1 Edition. Jones Bartlett Learning Sources of the law legal definition of Sources of the law. 2015.Sources of the law legal definition of Sources of the law. [ONLINE] Available at:https://legal-dictionary.thefreedictionary.com/Sources+of+the+law. [Accessed 15 March 2015]. Donââ¬â¢t waste time! Our writers will create an original "Tradition of Criminal Justice" essay for you Create order
Saturday, December 28, 2019
Rhetorical Analysis Of Steve Jobs - 1178 Words
Rhetorical Analysis- Steve Jobs Given the task of conceptualizing a man who truly changed the realm of technology as we know it today, my mind secludes one person. That person is Steve Jobs, co-founder of Apple Computer, now known simply as Apple. For this rhetorical analysis, I will be using three biographies/profiles about Jobs including ââ¬Å"The Real Genius of Steve Jobsâ⬠by Malcolm Gladwell with The New Yorker (June 19, 2017), ââ¬Å"Jobsââ¬â¢ Biography; Thoughts on Life, Death, and Appleâ⬠from NPR (October 25, 2011), and ââ¬Å"Steve Jobsâ⬠from Biography.com (April 28, 2017). Precise attention to the audience, purpose, and tone, allows all three of these profiles to vividly explain and represent Jobs as the truly exceptionally minded man that he was.â⬠¦show more contentâ⬠¦I feel as if there is a negative connotation to the profile as a whole, making Jobs look like a criminal. It is written in a tone that relays that Jobs did not deserve what he had. Thinking about all the things we use today that have a piece of Jobsââ¬â¢ mind behind them, whether he ââ¬Å"inventedâ⬠them or not, one could make the case that he truly molded the world of technology as we know it, and deservedly so. ââ¬Å"Jobsââ¬â¢ attention to detail on his creations was unrivaled, says Isaacson. Though he was a technologist and businessman, he was also an artist and designer.â⬠(Jobsââ¬â¢ Biography NPR par 11) Focus is given to summarizing a biography written about Jobs by Walter Isaacson. The publicationââ¬â¢s purpose is to detail Jobsââ¬â¢ entire life, starting from a very young age when he found out he was adopted. Isaacson, the author of Jobsââ¬â¢ official biography writes, ââ¬Å"For Steve Jobs, he felt throughout his life that he was on a journey ââ¬â and he often said, ââ¬ËThe journey was the reward.ââ¬â¢Ã¢â¬ Jobs felt that all design was important whether it could be seen or not. Countless designs brought to him were turned down because they were too complex. ââ¬Å"I see the depth of simplicity,â⬠said Jobs. This profile has a much more casual tone and focuses on Jobs as a person, and not so much as a businessman. The tone does not discredit what Jobs has accomplished. However, due to the fact that several bits and pieces from the Jobsââ¬â¢ biography (Isaacson)Show MoreRelatedThe Rhetorical Analysis Of Steve Jobs1383 Words à |à 6 PagesSteve Jobs, who was the CEO of Apple Computer and of Pixar Animation Studios, delivered a Commencement speech at Stanford University on June 12, 2005. The rhetorââ¬â¢s purpose is to use his stories as an example to live by and as a form of encouragement for his listeners to take the curious, innovative route instead of the practical one. His audience is Stanford graduates, who ironically are the ones that took the practical route their entire lives. Jobs tries to persuade his audience to go againstRead MoreRhetorical Analysis Of Steve Jobs Commencement Speech929 Words à |à 4 PagesHarmon 1 A Rhetorical Analysis of Steve Jobs Commencement Speech for Stanford Universitys Graduating Class of 2005: Jobs titled his speech Youve got to find what you love. Steve Jobs is best known as an American entrepreneur, inventor and industrial designer. He was the cofounder, chairman and CEO of Apple Inc. and founder, CEO and chairman of Pixar Animation Studios. Jobs and cofounder of Apple Inc. Steve Wozniak are wildly recognized as pioneers of the microcomputer revolution of the 1970sRead MoreRhetorical Analysis Of Steve Jobs By Malcolm Gladwell1165 Words à |à 5 PagesRhetorical Analysis- Steve Jobs Given the task of conceptualizing a man who truly changed the realm of technology as we know it today, my mind secludes one person. That person is Steve Jobs, co-founder of Apple Computer, now known simply as Apple. For this rhetorical analysis, I will be using three biographies/profiles about Jobs including ââ¬Å"The Real Genius of Steve Jobsâ⬠by Malcolm Gladwell with The New Yorker (June 19, 2017), ââ¬Å"Jobsââ¬â¢ Biography; Thoughts on Life, Death, and Appleâ⬠from NPR (OctoberRead MoreRhetorical Analysis Of Steve Jobs Speech1208 Words à |à 5 PagesThere before you stood a man, if it were an ordinary man, maybe you wouldnââ¬â¢t bother to listen. But what if the man who stood before you was a billionaire would it change your perspective on whether to listen or not? Yes. This man, Steve Jobs, a college dropout, someone who didnââ¬â¢t even have enough for food stood before the students of Stanford College; graduating class of 2005. Words are just words if not spoken in a correct manner. What a person speaks with passion is what moves an audience. ThroughoutRead MoreRhetorical Analysis Of Steve Jobs Speech735 Words à |à 3 Pages Steve Jobs, a businessman in Silicon Valley, gave the Stanford Commencement Address in 2005. Rhetorical tools are used to persuade the audience. Ethos deals with the speakers credibility, Pathos appeals to emotion and Logos appeals to logic. Steve Jobsââ¬â¢ successfully used the rhetorical tools Ethos, Pathos, and Logos throughout his speech. Within Steve Jobsââ¬â¢ Commencement Address, the rhetorical tool Ethos is used. Jobs began by saying, ââ¬Å"I never graduated from college. Truth be told, this is theRead MoreRhetorical Analysis Of Steve Jobs Speech848 Words à |à 4 Pagesmany inspirational speeches have been remembered, because of how they connect with the audience. Steve Jobââ¬â¢s speech during the Stanfordââ¬â¢s graduation was inspiring to many of the college graduates. Many people think in order to be successful a college degree is mandatory. Even if they do not like what they are doing. People should love what they do, and should not follow dogma. With his speech, Steve Jobââ¬â¢s convinced the multicultural population at Stanford University to be prominent and to pursueRead MoreSteve Jobs Stanford Commencement Speech Analysis1394 Words à |à 6 PagesSteve Jobsââ¬â¢ Stanford Commencement Speech: Speak from the Heart A- Speaker and Subject Identification. When technology, innovative and new products subjects is brought up, a few names come to mind. Between these names is that of Steve Jobs, the founder of Pixar Animation, NeXT, and Apple, Steve Jobs, was widely known for changing the world of personal computers and electronic fields. His determination led to significant developments that have affected the lives of everyone of us. There is no denyingRead MoreThe Inequality Trap : Fighting Capitalism Instead Of Poverty1486 Words à |à 6 PagesTrap: Fighting Capitalism Instead of Poverty is full of analysis and suggestion on what humanity can do to create a more equal society. The book glides through a series of arguments that attempt to conclude that the issues of inequality in our society are brought about by capitalist venture and excessive wealth. Throughout the eight chapters, Watson keeps a reader interested using modern examples and names such as Sidney Crosby and Steve Jobs. However, these detailed analyses and ample examples fallRead MoreSteve Jobs Commencement Speech Analysis1462 Words à |à 6 PagesOn his commencement speech to Stanford students on June 12, 2005, Steve Jobs, the CEO of Apple computers and PIXAR animations, used carefully crafted inspirational anecdotes and rhetorical devices like ethos and pathos to move his audience to explore, follow their dream and do what they love no matter the odds. Jobsââ¬â¢ gave his commencement address at Stanford students graduation ceremony in 2005, which had an audience size of about 23000. The audience is composed of immensely diverse groups of peopleRead MoreRhetorical Analysis : Apple Commercial1230 Words à |à 5 PagesRhetorical Analysis: Apple Commercial This paper will examine a particular Apple ad that appeared on television in 1984. The Macintosh was and still is very popular computer that provides a simplistic feel of creativeness and freedom. Freedom is a key concept because the ad expresses the need to have a sense of freedom to do what we want with no restrictions. Apple is well-known all over the world for the sex appeal to its products, like the iPhone, iPad, and the Macintosh series. These products
Friday, December 20, 2019
Exploring Why Women Failed to Gain the Right to Vote...
Exploring Why Women Failed to Gain the Right to Vote Between 1900 and 1914 There were several reasons that women did not gain the right to vote between 1900 and 1914, both long-term and short-term. Long-term reasons include the opinion many people held at the time that women and men had ââ¬Ëseparate spheresââ¬â¢. They believed that women belonged in the private sphere- in charge of bringing up children, cooking etc and men should be in the public sphere- work, politics etc. Henry Labouchere said ââ¬Å"I shall break down all attempts to break down the barrier which nature has placed between men and womenâ⬠because these roles were thought to have been ordained by God and couldnââ¬â¢t be changed. Some people alsoâ⬠¦show more contentâ⬠¦They said that the suffragettes were only a small fraction of women so ââ¬Ënormalââ¬â¢ women were happy with things as they were; whereas suffragettes were simply mad, hysterical spinsters. Also, some people were convinced that women did not deserve to vote because they could not fight or defend their country. Their view was that people earned the right to vote by being willing to defend their nation. There was also a worry that giving women the vote would result in the decline of Britainââ¬â¢s place in the world as women might not want Britain to fight wars. The attitudes of the government obviously had a huge effect on the success of womenââ¬â¢s suffrage. In 1900 the conservative government was in power and they believed in the ââ¬Ëseparate spheresââ¬â¢ theory and therefore didnââ¬â¢t want women to vote. The existing political system in Britain worked well at the time so the conservatives did not want to risk the stability of it. Britain had become the most powerful country in the world and changing the system would be a huge risk to take. When a Liberal government came to power in 1906 the problem was that the party was divided on the subject, despite the fact that the leader, Sir Henry Campbell-Bannerman, supported the idea. Two years later, Herbert Asquith, who stronglyShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 PagesHartman Strom, Political Woman: Florence Lu scomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral Societies in Ancient and Classical History Jack Metzgar, Striking Steel: Solidarity Remembered Janis Appier, Policing Women: The Sexual Politics of Law Enforcement and the LAPD Allen Hunter, ed., Rethinking the Cold War Eric Foner, ed., The New American History. Revised and Expanded Edition E SSAYS ON _ T WENTIETH- C ENTURY H ISTORY Edited by MichaelRead MoreManagement Theory14588 Words à |à 59 Pagesand division of labour, and tell why the study of personââ¬âtask relationships is central to the pursuit of increased efï ¬ ciency. 3. Identify the principles of administration and organization that underlie effective organizations. 4. Trace the changes that have occurred in theories about how managers should behave in order to motivate and control employees. 5. Explain the contributions of management science to the efï ¬ cient use of organizational resources. 6. 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Thursday, December 12, 2019
Organizational culture and employee morale - MyAssignmenthelp.com
Question: Discuss about the Organizational culture and employee morale. Answer: Introduction Change generally refers to the process that causes a function or a practice or even a thing to become somewhat different in manner than the present or the past ways. Change is a common term that is used to describe the outcomes or the effects of the transformation or the transition of some function, thing or even methods (Hornstein 2015). Changes form a very important part of the everyday life and forms a part of the natural way of life. In order to manage the concerned business on a successful manner, organizations have to implement various changes at the different points of time during their operations (Burke 2017). Change management generally refers to the disciplines that guides the preparation, equipment and the support that is extended to the individuals to help them to successfully adopt the changes so as to derive the organizational outcomes and successes (Langley et al 2013). The concept of change management refers to the transformations in the concerned business organizatio n that are in compliance with the changing trends of the business environment which might help the concerned business firm to grow as well as achieve the targets that have been set by the concern (Hayes 2014). There have been a number of different models of change management that have been developed by the theorists in order to assist the managerial staff to implement the changes in the concerned organization in an effective manner. In the cases that involve the financial institutions such as banks, the implementation of changes become an added responsibility for the managers and the other leaders pf the organization due to the high amount of the interaction that these organizations have with the general public. Theorists like Bridges, McKinsey, Kotter, Kubler-Ross, Lewin and many such others have put forward certain models that find application in the matters pertaining to the change management till date (Shirey 2013; Worley and Mohrman 2014). The following report focusses its attention on the recurring issues that are faced by theAustralia and New Zealand Banking Group Limited, popularly known as the ANZ Bank and applies the 7S model proposed by McKinsey for the identification of the possible reasons for the same. The report further proceeds to analyze the problems that have arisen within the concern and makes an attempt for providing reasons for the problems with the help of the proposed change management theories. ANZ Bank The Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank, is one of the five most successful banks that have been operating in the country of Australia. The bank had set its initial steps in the industry almost 170 years ago when it had stemmed from the Bank of Australasia (Anz.com 2018). The Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank is at present headquartered at Melbourne, Australia. In the current scenario of the financial market, the bank comprises of a staffing pool of almost 35000 employees and has been a publicly listed organization. The organization further bears the position of being one of the most trusted among all banks that operate all over the world. ANZ Bank has secured the rank of 92 on the Forbes list of 2000 as per May 2017 market cap report (Forbes.com 2018). The financial organization aims to serve the huge customer base consisting of about six million people of the population of the world. The number of shareholders of the Australia and New Zealand Banking Group Limited is almost over 376813. The concerned financial organization continues to serve its clients in over 30 different countries all over the world (Anz.com 2018). The services provided by the bank are known to majorly operate over five major divisions that are inclusive of New Zealand, Australia, the Asia-Pacific area, the shared and the institutional services. It might be noted that the concerned financial organization, the Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank, has been facing a huge number if problems since the inception of the same. The financial institution has gone through a number of changes in the organizational structure and the concerned departments in order to make the necessary improvements in the performance of the bank. Evaluation of the features of Organizational transformation at ANZ Bank. According to De Grauwe (2013) and Mesnard et al. (2016), the major potential threats that are posed to the financial organizations are the low morale of the employees and the bad debts. The company in discussion, Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank, has been undergoing several issues pertaining to the poor organizational activities, dissatisfaction of the concerned customers, the low morale of the concerned employees and the bad debts that they had been facing until the middle half of the 1990s. The major banks of Australia had faced a situation during the later years of the 1990 decade which had led to a widespread ill-will and mistrust among the customers. The bank had appointed Jon McFarlane as the CEO during the late 1990s following the conditions of poor performance that had been delivered by the concerned bank. There had been occurrences of increment of the fees and the branch closures that had taken place all over the country. This had led the clients of the concerned financial organizations to believe in the fact that the banks were not serving the clients, the employees or the communities in an appropriate manner (Thompson 2013). The then CEO of ANZ Bank, McFarlane had highly criticized the move of the financial organizations that dealt with the closure of the branches of the banks in the rural areas. McFarlane introduced a freeze on the closure of the rural branches of the bank. McFarlane also made an attempt to ensure the addressal of the issues that pertained to the lack of female employees in the senior ranks of the concerned financial organization (Munjuri and Maina 2013). This had helped in the enhancement of the diversity that exists within the organization and has also helped in providing the employees with the much needed motivation. McFarlane had been one of the first among his contemporaries to have taken the concept of corporate social responsibility in a very serious manner. The then CEO of the organization had introduced outsourcing of a number of services that might have led to the severe cost cutting on the part of the bank. The financial organization had taken its preliminary steps towards the transformation in a scenario pertaining to the organizations in the year 2000. There were a number of revelations regarding the discrepancies that were found to be existing among the personal values of the employees of the concerned financial organization and their perceptions regarding the same. The revelations also put forth some of the issues that pertained to the set of values that were put forth as well as practiced by the bank. The recent studies have thrown light on the issues that the financial organization had been facing regarding the finances that the bank had been borrowing in order to provide loans to the concerned clients of the organization (Kwambai and Wandera 2013). The nature of the equity market as well as the provided debt had been very volatile. This had led the concerned clients to put up a curb in the issues related to the expenditure which in turn had led to the erosion of the confidence th at the people needed to place on the banks. According to Ogechukwu (2013), the breach of the ethical code of conduct might pose to be a serious issue within any industry that might be clubbed under the banking industry. The financial institution in discussion, the Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank, had several commitments towards the responsible practices in the concerned field of business. ANZ Bank had faced an issue in 2008 which forced them to turn these commitments into corporate realities in their sector of business (Graetz et al 2010). The financial institution also faced an issue that dealt with the resignation of the staff, who, according to a report, published internally, had been involved with a broking house which had tasted failure in the operations that it had undertaken. The report stated that the identified employees had breached the security code of the bank by involving themselves with the afore-mentioned broking concer n. He report further stated that the concerned employees did hold accounts in a manner that might be considered to be improper. The future goals that are set by the financial institution in discussion is to bring about a significant growth in the presence of the same majorly in the Asia-Pacific area. The bank also aims the maintenance of the opportunities and the business environment that it holds in the countries of Australia and New Zealand. Challenges faced by the managers in the implementation of the changes. In the case of the Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank, the change in the structure was necessary due to the issues that the financial organization was facing based on the dissatisfied customers of the concern and the low morale of the existing employees of the bank in the early 1990s. The financial organization appointed John McFarlane as the new CEO of the company in the year 1997 which set the required changes rolling as per the chronology. The company had been overcrowded with unnecessary staff which resulted in the hampering of the organizational management and thus led to the poor performance of the concerned financial institution. This problem that the company had been facing had its roots in the poor organizational structure of the bank. McFarlane, on taking charge of the responsibilities of the bank, implied new strategies that that followed the concurrent trends in the banking industry. The management needed to change the old and worn out strategies followed by the bank that led to the concerned issues being surfaced. John McFarlane had noticed that the daily processes that were followed by the bank were not in compliance with the basic rules of the organization and lacked equality in the participation. The CEO also observed that the financial institution had been ignoring the rural communities that have been contributing to its growth. The financial institutions had lost the faith of their clients due to rise in the bank charges and the closure of a number of branches which led the customers to a vulnerable position. According to the McKinsey model for change management, these problems had resulted from the change in those systems of the financial organization that helped to form the daily processes of the ANZ Bank, the distance from the rural communities was considered to be one of the reasons for the same (Singh 2013). The major challenges that were faced by the company while implementing the changes in the organization refer to those that were faced by the then CEO and his team in the fields of bringing forth an engagement among the employees of the bank on all levels. The CEO had also faced a number of challenges in the fields that aimed at the building of a support for the necessary cultural changes that had been taking place within the financial institution. The financial organization had implemented the changes in both the upper levels of the institution as well as the lower levels. The employees were encouraged to share the issues that they had been facing in their respective fields of work. The financial organization had been spread over a large area of operation which led to difficulties in the implementation of the employee engagement all over the organization. There might have been phases where some employees serving the organization at areas other than the headquarters might have raised issues that led to the lowering of the employee engagement. However, the other employees at the same area acted as advocates of the employers and helped the management to deal with the problems that arose within the organization. The CEO of the organization, John McFarlane has introduced the system of internal surveys of the staff that had been working at the banking organization. The surveys revealed the fact that there had been a significant amount of improvement in the satisfaction of the staff of the organization. These results that were achieved from the changes that were implemented by McFarlane, resulted in the staff of the company to focus more on the issues of the employee engagement as well as advocate the issue on the behalf of their employers. Role of leadership in the influencing, directing and managing the process of change at ANZ The CEO had introduced a number of measures that ensures the affirmative action against the scenario that the bank was facing during the then period of time. McFarlane is considered to be one of the first among his contemporaries to have considered the concepts pertaining to the corporate social responsibility in a serious manner. The CEO also displayed a huge talent for fore-seeing the trends that might get popularized in the industry in the near future. These initiatives that were introduced by the CEO led to the improvement of the perception about the ANZ in the eyes of the general public. The then current CEO of the financial organization, John McFarlane had ensured that the financial organization went through a number of changes within a very short period of time (Messai and Jouini 2013). He hastened the cost-cutting drive which resulted in a huge number of job cuts in several branches of the concerned financial organization. McFarlane helped in the reduction of the risk profile of the branch by stepping down from the investments in the emerging markets. According to the McKinsey 7S change management model, skill is a soft factor that might not be easy to recognize but might often lead to a number of problems. ANZ Bank lacked the skills that were necessary for the addressal of the changing trends that had been taking place in the banking sector (Ravanfar 2015). Thus, as a result the company had to face a number of issues regarding the same. The management body of the concerned financial organization lacked the skills necessary to identify the causes behind the escalations of the problems that they have been facing. John McFarlane had demonstrated exceptional skills in the field of identification of the issues and had immediately initiated the changes that were necessary. The changes that were implemented by the CEO led to the unemployment of those employees who had not been performing in accordance to the needed conditions. The CEO also helped the bank to bail out of the bad investments in the markets that were seen to be rising as d ays passed by which helped in the transformation of the financial status of ANZ Bank. The other factors, as discussed in the McKinseys model of change management, include the staff of the organization, the style and the values that are shared by the organization (Arunchand and Ramanathan 2013). The CEO also addressed the issues pertaining to the employment of the female employees of the company (Yadav and Dabhade 2014). The organization had faced issues right after the resignation of McFarlane from the post of the CEO of the financial institution. The problem that the bank faced resulted from the breach of the moral code of conduct that was set by the bank. This had resulted from the inability portrayed by the then CEO Michael Smith in the matters that pertained to the management of the staff of the organization. Recommendations There have been several areas that need to be attended to in order to avoid the situations that the concerned financial organization had been facing since its conception. The organization had been facing situations where they had been incurring bad debts. These conditions might be avoided by lowering the risk factors that are involved in the overdue payments that have been turning into bad debts. The financial institution must introduce greater control in the areas pertaining to the credit matters. The banks must ensure the conduction of a thorough check of the business houses as well as the referring bodies before granting the credit to the new clients. The credit limit set by the bank should be fair and reasonable and must instruct the concerned employee to communicate with the concerned officials in any condition that involves the client requests for exceeding the credit limit that had been agreed upon previously. One of the most important assets of the financial institutions are its staff members. The management needs to look into the matters that pertain to the motivation of the staff in order to achieve the conditions of low turnover and a high productivity. The financial institutions might help the staff members by providing them with the needed recognition and appreciation for their contributions towards the bank. The financial institution must introduce perks and incentives that would be awarded to the staff in order to boost their morale. The management of the bank must allow flexible schedules for the employees that might be availed under genuine circumstances in order to maintain the high morale of the concerned staff members. The staff of the bank must be allowed to put forth suggestions to the management of the society as well as the concerns that they might be facing while carrying out the duties that have been assigned to them. The financial institutions might also need to pay attention to the issues that might have arisen from the factors pertaining to the dissatisfaction of the concerned clients. The banks should aim to from a deep and realistic understanding of the needs and the wants of the concerned clientele so as to bring about an improvement in the services that are provided by the bank towards the concerned customers. Long-term relationships with the clientele might be developed by introducing comparatively new systems and processes in the operations of the bank. The banks must introduce the greater employment of the female staff in the higher ranks of service in order to maintain the equality of the genders within the organization. The involvement of the female staff in the higher ranks of the organization might also help in the diversification in the behavioral patterns of leadership. The rural population might contribute a lot in the potential client base of the financial institution wherein the ANZ Bank is highly operational. The employees of the organization must refrain from the breach of the ethical codes that need to be maintained in the organization. The concerned organization must help the employees to get well-acquainted with the ethical code that is specifically followed within the organization in discussion, the Australia and New Zealand Banking Group Limited, popularly known as the ANZ Bank. Conclusion Thus, from the above discussion it might be concluded that the application of the McKinseys 7S model of change management had been appropriate for the identification of the problems that had arisen at the ANZ Bank. It may be safely concluded from the organization might face huge problems with any one of the seven major factors functioning in an inappropriate manner. The appointment of a capable CEO had resulted in the recovery of the financial institution from the imminent danger of bankruptcy. The lack of proper management, the improper identification of the core areas hat needed improvement and the absence of the skilled staff in the organization had led to the downfall of the concerned organization. However, a detailed study on the history of ANZ Bank and the current position that it holds in the market might help to provide a deeper insight into the relevant issues for the study. The above report focused mainly on the 7S model of change management as prescribed by McKinsey and th e relevance of the same in the identification of the causes of the problems that the concern might have faced, though some other change theorists had also been mention in the earlier sections of the report. References Anz.com 2018.About us | ANZ. [online] Anz.com. Available at: https://www.anz.com/about-us/ [Accessed 14 Jan. 2018]. Arunchand, C.H. and Ramanathan, H.N., 2013. Organizational culture and employee morale: A public sector enterprise experience.Journal of Strategic Human Resource Management,2(1), p.1. Burke, W.W., 2017.Organization change: Theory and practice. Sage Publications. De Grauwe, P., 2013. The European Central Bank as lender of last resort in the government bond markets.CESifo Economic Studies,59(3), pp.520-535. Forbes.com 2018.Forbes Welcome. [online] Forbes.com. Available at: https://www.forbes.com/companies/anz/ [Accessed 12 Jan. 2018]. Graetz, F., Smith, A., Rimmer, M. and Lawrence, A. 2010.MANAGING ORGANISATIONAL CHANGE. 3rd ed. Melbourne: Wiley, pp.314-325. Hayes, J., 2014.The theory and practice of change management. Palgrave Macmillan. Hornstein, H.A., 2015. The integration of project management and organizational change management is now a necessity.International Journal of Project Management,33(2), pp.291-298. Kwambai, K.D. and Wandera, M., 2013. Effects of credit information sharing on nonperforming loans: the case of Kenya commercial bank Kenya.European Scientific Journal, ESJ,9(13). Langley, A., Smallman, C., Tsoukas, H. and Van de Ven, A.H., 2013. Process studies of change in organization and management: Unveiling temporality, activity, and flow.Academy of Management Journal,56(1), pp.1-13. Mesnard, B., Margerit, A., Power, C. and Magnus, M., 2016. Non-performing loans in the Banking Union: stocktaking and challenges.Briefing EU Commission. Messai, A.S. and Jouini, F., 2013. Micro and macro determinants of non-performing loans.International journal of economics and financial issues,3(4), p.852. Munjuri, M.G. and Maina, R.M., 2013. Workforce diversity management and employee performance in the banking sector in Kenya.DBA Africa Management Review,3(1). Ogechukwu, A.D., 2013. The current ethical challenges in the Nigerian commercial banking sector.Global Journal of Management And Business Research. Ravanfar, M.M., 2015. Analyzing Organizational Structure based on 7s model of McKinsey.Global Journal of Management and Research: A Administration and Management,15(10), pp.6-12. Shirey, M.R., 2013. Lewins theory of planned change as a strategic resource.Journal of Nursing Administration,43(2), pp.69-72. Singh, A., 2013. A study of role of McKinsey's 7S framework in achieving organizational excellence.Organization Development Journal,31(3), p.39. Thompson, H., 2013. UK debt in comparative perspective: The pernicious legacy of financial sector debt.The British Journal of Politics International Relations,15(3), pp.476-492. Worley, C.G. and Mohrman, S.A., 2014. Is change management obsolete?.Organizational Dynamics,43(3), pp.214-224. Yadav, R.K. and Dabhade, N., 2014. Work Life Balance and Job Satisfaction among the Working Women of Banking and Education Sector-A Comparative Study.International Letters of Social and Humanistic Sciences,21, pp.181-201.
Wednesday, December 4, 2019
On Vacation This Summer I Glanced Out The Window And Saw Essay Example For Students
On Vacation This Summer I Glanced Out The Window And Saw Essay a beautiful handglider hovering in these pretty mountains. A great looking background surrounded the mountains. About four-hundred feet above the mountain soaredthe handglider. The pilot who appears about five footeleven inches wears a yellow jacket and black snow pants. The handglider hangs with a span of about twenty-ninefeet. It consists of many wonderfully made colors, such asorange, red, and yellow. As the guy held on two blackstraps secured him tightly to the handglider. A triangleresembles the glider. To steer the guy holds on to a u-shaped silver bar. Snow covers the two-mile high mountains. The snowmakes them look like a big soft blanket. The really steepmountains look like Mr. Freeze at Six Flags. The tops ofthe mountain look very jagged like a really big knife. The many colors in the background make it verypretty. The tops of them extend far into the very thickclouds. The clouds, so dense that it looks as if it had bencovered with a blanket. In the middle and above the skysets dark and stormy. Blue skys awaken your eyes at thetop. As you can tell from my paragraphs this very colorfulhandglider soars high above the mountains in a beautifulsky.
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