What does David Miller mean by nationality What kind of nationality Essay

What does David Miller mean by nationality What sort of nationality does he backing, and how far should we acknowledge his perspectives - Essay Example In this paper, I plan to examine the ramifications of the idea of nationality as embraced by David Miller, and how it influences the advanced financial and social condition of a nation. I will utilize proof just as hypotheses and assessments of different researchers to set up that David Miller’s idea of nationality can't be adequate completely in the cutting edge times. As per Miller, the possibility of nationality involves an express that has guarantee to political assurance and which is likewise moral in nature1. The idea of a moral country depends on Miller’s assumption that equity is a pluralistic idea and it ought to be comprehended and drilled with regards to the circumstance. For a moral country, it is accepted that social solidarity is the fundamental equity rule, as this copies the equity arrangement of network level living, just on an a lot bigger scale2. A people group is entrusted with guaranteeing that all members’ needs are met and that there is reasonableness in conveyance of assets as indicated by each individual’s need. Also, a moral country is the one that has a social government assistance framework planned for giving offices and assets to individuals who need it and can't bear the cost of it in any case attributable to monetary disparities. Likewise, Miller additionally fights that there is a requirement for governmental policy regarding minorities in society and dynamic salary redistribution to cut down the social and pay variations. As per him, nationality would imply that individuals ought to have a more prominent compassion and readiness to help their co-nationals than they are concerning the general humanity3. The idea of Miller’s nationality is a hopeful one as he appears to have over-streamlined both the hypothetical underpinnings just as the handy ramifications of his hypothesis. He utilizes the idea of nationality to mean help for a government assistance state on the reason that a government assistance state is the adept answer for guaranteeing equity. As per him, this equity is pluralistic and changed and relies upon what is the setting of the circumstance. His determination that a government assistance state is a definitive indication of equity isn't bolstered by any experimental or authentic data. He doesn't intricate why some other way to deal with equity isn't reaso nable for a country, or how the government assistance state dispenses equity to the various and assorted segments of the society4. The way that pluralistic equity is given significance by Miller himself further snares him into enumerating why he proposes just a government assistance state as a moral state, and why nationality ought to require a help for such a state alone. Next, the idea of nationality as imagined by Miller is additionally in opposition to the elements of a free market and opportunity of chance †standards that are joined in law based states in the free world. For instance, the idea of government assistance state depends on the reason that the rich and the wealthy individuals need to make up for the poor who don't have the methods or opportunities5. So as to keep up a government assistance express, a differential duty framework is utilized which can be likened to punishing the achievers and the rich individuals for their development and progress. This inalienabl y has all the earmarks of being experiencing some miscommunication to the free market ideas and the individual opportunity to procure and self-assurance. Additionally, it is likewise far from being obviously true that how much the idea of nationality ought to be utilized to help the government assistance state. It is proposed by Miller that patriotism and citizenship ought to bring the onus of government assistance and backing to

Managing a global and diverse workforce Essay Example | Topics and Well Written Essays - 2000 words

Dealing with a worldwide and differing workforce - Essay Example Associations have understood the noteworthiness of decent variety the executives as the center has moved from gaining income to upgrading representative fulfillment. Basically, globalization is one of the key supporters of the foundation of working environment assorted varieties making it fundamental for a human asset director to fabricate a socially lenient condition. The center act of joining this administration idea is guaranteeing that administrators use all the instruments and assets available to them all together for the procedure to be effective. With this, this paper will dig into the consistence based model of upholding working environment decent variety practice utilized in the USA according to recruiting and allotting representatives. History of the consistence based model in the US Initially, the idea of applying working environment decent variety started through the presentation of governmental policy regarding minorities in society as an arrangement of the law in which human asset experts needed to give equivalent chances to work searchers (Kandola and Fullerton 2003, p. 4). According to the law, bosses can't utilize racial, ethnic connection, or sexual orientation as the premise to offering work or as an apparatus for rounding out the decent variety holes that may exist inside an association. The procedure started as an intentional angle wherein those that ideal to apply it could, yet it later developed to be a required practice on account of the expansion in instances of unsatisfactory treatment by businesses. Fundamentally, for those that couldn't consent to the created legitimate structures that planned for implementing balance at the work environment got subject ready to lawful punishments. By the mid twentieth century, the mission to accomplish work environment assorted variety had started in Europe and USA where those that looked for business openings in these areas couldn't encounter separation (Ozbilgin 2004). The Civil Rights enactment o f 1964 and the Directive 2000/78/EC are a portion of the laws created so as to shield work searchers from segregation. Both of these laws protect the representatives against biased treatment at the work place as a result of their religion, sex, sexual inclination, individual experience and their ethnic foundation. Prejudice as a work environment issue For some years, bigotry has been a transcendent work environment issue that has pulled in common claims since human asset experts have neglected to destroy out of their associations. Kumra and Manfredi (2012, p. 101) recommend that the noteworthy portion of the populace that has kept on encountering working environment segregation is the African American populace. They contend that blacks experience ‘everyday racism’ at their work environments when contrasted with some other settler populace thus making a few organizations to advocate for institutional prejudice. England is one of the super economies that have negligible r espect for individuals from the dark and the ethnic minority bunches corresponding to places of intensity, instruction, and business. Further, the level of the jobless from the BME bunches remains at 8.5% on the grounds that the rate chiefs from this network will in general be negligible. The ramifications of this is the high rate enlisted in the jobless populace is a direct result of having less directors at the administration levels that can guarantee that there is decent variety and correspondence in their work environments (Gold 2009, p. 56). Nonetheless, this test takes from the way that a critical

Perception in Branding

Perception in Branding Perception in Branding Home›Marketing Posts›Perception in Branding Marketing PostsA mammoth challenge faces modern markets in the contemporary business world in the quest to convince the consumer market to buy their products. This has led to a booming advertising industry. Numerous strategies have been deployed by this industry to win the consumers in accepting a particular product. Efforts have been made by companies to keep at par with the latest advertising dynamics. The challenge becomes bigger if the brand been advertised has multi-cultural market consumption. This is because branding involves the choice of colors, sounds and scents that are not universal to all the cultures. The sole goal of every marketer is to achieve loyalty of consumers for its product or brand. This involves developing an emotional attachment to the brand by appealing to the five senses of the human beings. This process, however, derailed by several factors as discussed in this paper. Possible remedie s to such factors will also be highlighted later in the paper.The process of creating consumer loyalty to a particular product or brand is a complex process. It entails coming up with a brand that is adaptable, transferable and protectable. In order to achieve this, marketers make use of elements that will live long-lasting effects to the consumer to make them link to the products easily. Key among the factors that marketers consider in designing a product is color. This is because it has different sociological connotations across cultures and if used inconsiderately may result to low sales. The other factor is numbers. There are marketers who like to sell their products in specific groups like in pairs or fours. Just like colors, numerology is very important in marketing because different numbers have different associations in different cultures. This calls for informed decisions in designing advertisements for brands. This will in turn affect how the consumers perceive such produc ts and consequently their decisions to buy them or not (Hellriegel, 2007).Perception is the procedure in which people choose, put in order, deduce and react to information from the world around them. The information is gathered from the five senses of smell, sight, touch, taste and hearing. The perceptual process consists of six elements- objects in the person’s environment, observation, perceptual selection perceptual organization, interpretation and response. The perceptual process is, however, not altogether unmarred. It may lead to gross errors or distortions that may affect a consumption of a particular product (Scribid.com, 2011).The most common types of perceptual distortion are stereotyping, projection, the halo effect, self-fulfilling prophecy and cross-cultural misperceptions. Stereotyping is a tendency to attribute characteristics to an individual based on the assessment of the group the individual belongs. In branding, it involves having a generalized perception about the brand being marketed or the consumers by either the buyer or the marketer. Stereotyping in the side of the marketer can be advantageous as well as disadvantageous (Ehret, 2008). If a second hand car dealer despises his work because the public assigns that notion to his job, this will lead to demoralization and fall in sales. On the other hand, a dealer of Lexus or Mercedes cars enjoys a ‘superior- quality’ stereotype from both the marker and the consumer and hence enhancing the sales. Stereotyping results to problems as the generalizations do not apply equally to all members of the group.The halo effect is a tendency to use a general impression based on one or a few characteristics of an individual or product to judge other characteristics of that individual or product. This distortion is very common in marketing. For instance, a marketer may realize that a particular brand sold highly in a certain region or with a particular group. In an effort to expand the business, the p roducers of that company may market the brand in other regions expecting similar returns because they had succeeded earlier. This may lead to drastic fall inn sales if the consumers are comfortable with the product (Kardes et al., 2010).Another perception inaccuracy is projection. This is an assumption that others share one’s thoughts, feelings and characteristics. This leads to a one-way communication. In the branding arena, this may be experienced if branders assume what is best for them suits the consumers. They end up projecting their preferences at the expense of those of the customers. If a customer’s taste is not prioritized, this has direct impact on the sales, as they will opt to other brands where they can get their desires honored.The last perceptual distortion to be discussed in this paper is the self-fulfilling prophecy or the Pygmalion effect. This is the tendency to create or find in another situation or individual that which one expected to find. The Pygmalion ef fect may be caused by the distortions discussed above. Sometimes, consumers expect certain behaviors from other consumers. This may be regardless of whether these behaviors are actually occurring or not. This may affect their decisions to purchase a particular brand.Having discussed the different perceptual distortions, it is evidently clear that these errors lead to misundersting a brand, which may affect its popularity in the consumer market. There are a number of remedies that may be used to curb this menace. To begin with, a marketer needs to gather information about the customers’ behaviors and attitudes before making decisions that are personal and which may not resonator with those of the customers. After gathering the information, the brander or marketer should draw informed conclusions from the observations in order to ensure they are valid (Scribid.com, 2011). This will aid in determining facts and assumptions to base the perceptions. It is also crucial to differentiate the various aspects of the individual consumers’ behavior instead of grouping the individuals on superficial grounds. Lastly, it would be paramount to identify one’s genuine feelings and ensure they do not project them to others especially with the branders.

Dead Zones - Free Essay Example

Sample details Pages: 3 Words: 881 Downloads: 7 Date added: 2017/09/18 Category Environment Essay Type Argumentative essay Did you like this example? TO: Company Executive FROM: Victor Grigorov, The Environmentalist DATE: Sep 11th, 2010 SUBJECT: DEAD ZONES AROUND THE WORLD Dead zones have naturally been occurring on this planet for a very long time. Nevertheless, they have never been occurring so quickly, and at such unprecedented scales. So what are they? They occur in bodies of water where amounts of oxygen are exceptionally small or non-existent. Those places can usually be found near the coastlines of well-developed countries, or stale lakes and slow moving rivers. Their sizes may vary dramatically. From a few square miles, to bodies of water greater than 45,000 square miles (MSNBC, 2004). They have been reported to affect more than 400 water systems, and have a total size of more than 152,000 square miles (Diaz Rosenberg). Areas that have been greatly affected are mostly on the East Coast of the United States, and in Western Europe (Mee, 2006). Countries like the US, England, Germany, France, Spain, Japan, and Pol and seem to have the most affected coastlines. How exactly they occur can differ from place to place, but most of them lead back to one specific source, us, humans. Although they can occur naturally on the planet, most of them are anthropogenic. Most scientist today agree that they have been formed through a process called eutrophication, â€Å"the over enrichment of the sea by nutrients (principally compounds containing nitrogen and phosphorus) that promote plant growth† (Mee, 2006). These nutrients run off and are absorbed by bodies of water, thus causing an exponential expansion of algae. This in turn causes the water to turn green and/or brown, and when this occurs, sunlight cannot reach the bottom of that body of water. Plants that produce the oxygen and help feed the marine life, simply die off, due to the lack of sunlight to produce oxygen. And when that happens, crabs, fish, and oysters are wiped off, thus creating what we now call a â€Å"dead zone†. The se dead zones have been created time over time in places where humans are thriving and expanding at a very fast rate. Most of these dead zones have indeed occurred near the coastlines of populated cities. The need to sustain the human population has pushed the boundaries of agriculture, and forced growing of crops to be fueled with an abnormally large amount of nutrients. The ones that aren’t used in the process, are absorber by small rivers and land, and are dumped right off the coastlines, helping to create and fuel the dead zones. This can be seen happening in the Gulf of Mexico, â€Å"where the Mississippi River dumps fertilizer runoff from the Midwest† (MSNBC, 2004). In recent years the dead zone in the Gulf has become as large as the size of Massachusetts (Venkataranam, 2009). In the wild, larger animals and fish that rely on smaller fish for food in that region, no longer have that supply, and are forced to relocate or die off. This not only hurts the surr ounding wildlife and environment, but also the small cities and communities that depend on those animals for food and income. Fishing becomes next to impossible in those conditions, and leaves many workers unemployed. This was seen in countries all around the Black Sea where fishing became an arduous task during the 1960s-1980s (Mee, 2006). Small towns in Bulgaria and Romania that fueled their economy from fishing collapsed, and were forced to move inland in order to survive. Flows of nitrogen and phosphorus from the land were channeled into the Black Sea through the Danube River, causing eutrophication to occur. Once that had happened, much of the sea turned brown near the coast lines for the next 20 year, and was considered one of the biggest dead zones. Only after the Soviet Union collapsed and mass scale farming decreased in 1989, did the dead zone start to get smaller (Mee, 2006). Knowing how to prevent such disasters from happening abroad as well as in our Chesapeake Bay, i s the key to minimizing the formation of such dead zones around the world. Governments must not only realize that there are major problems off the coasts of their countries, but also believe that it is an important goal and to take action. Agricultural practices will need to be changed if we want to see some results in the next couple decades in places like the Gulf of Mexico. One way to do that is to decrease the amount of nutrient runoff that goes into the water by treating the land along the coastline with fewer fertilizers. This will only allow for just enough nitrogen and phosphorus to be absorbed by the soil. Also, along with the Ocean Dumping Act which limits the discarding of certain materials into the ocean, better wastewater management must be done in order to prevent that xtra nitrogen enriched water to enter the oceans (Venkataranam, 2009). Finally, one of the most cost effective solutions to the problem would be to plant large amounts of forests and grasslands around those effected coastlines. This would allow those excess levels of nutrients to be absorbed far before they reach the oceans and seas. Preserving our marine life is an important part of our role, and dead zones are there to remind us that humanity cannot simply expect natural ecosystems to absorb our wastes without severe and often unexpected consequences. Don’t waste time! Our writers will create an original "Dead Zones" essay for you Create order

Essay Perscription Drug Abuse among Teenagers - 1064 Words

Prescription Drug Abuse among Teenagers ( 12-17 Years) Prescription Drugs are medications that are prescribed to patients by a doctor to help in many ways, such as relieve pain, treat symptoms of a disease, or to help fight an infection. They are very safe when used properly and under supervision of a physician, yet if used without approval of a doctor they can be very harmful and in some cases could lead to death. During your adolescence years, teens have curiosity which builds up and leads them to experimentation. They pop a pill, get high and then want more. Not only do they ease your state of mind, Increasing numbers of teens have easy access to painkillers through classmates, friends, family members, and even online.†¦show more content†¦These drugs can â€Å"produce drowsiness; cause constipation; depress breathing...† (National Youth Anti-Drug Media Campaign 1) If you use them for a long time, it can lead to physical dependence and addiction. Your body becomes used to your normal dosage, therefore you mus t consume higher dosages to feel the full effect which can 3 sometimes lead teens to an overdose. If the doses are reduced or stopped withdrawal symptoms occur such as vomiting, involuntary leg movement, and muscle and bone pain. You should never A few examples include Morphine, Codeine, Hydrocodone, and Oxycodone.(XXXX risk of abusing prescription drugs) CNS depressants calm the nerves of people who have anxiety disorders and/or insomnia problems. They are known to slow the brains activity down increasing drowsiness. (National Drug Intelliagance Center 3) Valium and Xanax are examples within this group used by teenagers. Withdrawal symptoms include seizures, irregular heartbeat, body temperature increases, cardiovascular failure, create feelings of hatred, and can be harmful when combined with anti-depressants or cough/cold medicines. (risks of abusing pres. Drugs) Last, we have Stimulants. They enhance the brain activity which increases your attention span and energy. Ritalin, Concerta, and Adderall are common examples used by teenagers. (Na tional DrugShow MoreRelatedPainkillers: a Growing Epidemic2089 Words   |  9 Pagesweeks ago. My grandmother would never abuse drugs, so why was the bottle empty already? I asked her about the medication and she told me that she was taking up to eight pills a day. She had misinterpreted the instructions and was taking twice the maximum allowed per day and had become dependent on the drugs unknowingly. The abuse of painkillers is becoming an all too familiar problem throughout the country, and the results are tearing people apart. The abuse does not discriminate. People fromRead MoreThe Abuse of Psycho-Stimulants on College Campuses Essay2337 Words   |  10 Pagesoccasion is a late night study session, the drug of choice: Adderall. This fictitious story is an unfortunate reality, deeply wired into the circuits of higher education. College campuses house an outbreak of prescription drug abuse. A sturdy foundation of overly prescribed stimulants crossed with the high educational demand classes represent, pose as a major issues for universities. Not only have studies been performed proving the abuse of psycho-stimulant drugs dangerous to student’s health, but also

Behaviour Modification Approaches In Us Public Schools Free Essays

The growing need for effective procedures in disciplining and correcting undisciplined students in the US public schools has become nascent nowadays. Behaviour modification is essential in modelling young people who’ll become responsible members of the society. Effectiveness of behaviour modification procedures is seen to reduce deviance and problematic characters in a child. We will write a custom essay sample on Behaviour Modification Approaches In Us Public Schools or any similar topic only for you Order Now The effectiveness of social skills and social inoculation procedures which have blown out sub-procedures are behaviour modification methodologies whose perspective is to use culture and organizations within the social context to enforce proper moral projections in public schools. Procedures to modify behaviour have transformed from aggressive methodologies like caning, but legislation and physiological research has downplayed the effectiveness and pointed out health implications emanating from these methodologies. Expulsions, suspensions and parental advice and parent-teacher collaboration to enforce, advice and correct indiscipline in students is an approach which is so far a commonplace practice. The need to understand these procedures, the profundity of their impacts and success in correcting and modifying behaviour in students in the US public schools is paramount and integral in the public school systems. US public schools are having problems implementing various behaviour modification procedures due to various legislation laws. There is also the growing need to identify modalities to tackle the increasing implicit character and behaviours which are negatively affecting other students in these schools. Drug abuse, alcoholism, early sex, smoking, unconventional language and outward ness towards teachers, community and other students are problematic characters seen in the students and need to be modified. This paper explores the various strategies and methodologies employed to modify these problematic behaviours and disciplining students in the US public schools. Introduction Social skills and social inoculation procedures have been intensively reviewed as collective and effective behavior modification procedures in public schools. These school-based strategies developed first in smoking prevention and later applied to other substances have been practically admissible due to their approach to teacher-parent and society collaboration to impart and correct irresponsible behavior in students. However, cognitive control methodologies have led to more terse approaches to disciplining and modifying behaviour in students. Suspensions and expulsions have successfully instilled discipline and positive virtues in students. A zero tolerance on indiscipline approach has now become the lead methodology applied in US public schools. Zero tolerance approach as been in force as a proactive approach to a perceived rise in gangs, drugs, and violence in United States public schools and community. Typically, zero tolerance policies mandate predetermined consequences or punishments for specified offense. These policies have been subject to debate as to whether they are effective and whether they have unintended consequences that negatively affect students. This approach has become the principle methodology in US public schools. This behavior modification approach is most often characterized by disciplinary action that punishes all students severely regardless of mitigating factors such as severity of infraction, age, or intent.. However, parents and some legislators often criticize the methodology citing consequential health implications. The need for espousing these procedures is important, especially in this wake of a huge populace in the United States. The multi cultural aspect of the community in which the populace is composed of various communities . i. e. Caucasian, blacks and Whites is troublesome due to dissenting interests and attitudes towards education and moral facade of each student from each community. According to statistics, escalation of moral decadency and the overt-ness of sexuality in young people is more of an intricate social quagmire and an intrinsic social problem with wide spread implications on the long term and adverse socio-economic-health implications on family and the public domain. This has been manifested in public schools wherein the behaviours and indiscipline are seen. On substance abuse and violence, teachers in school need to identify the time and place where their students engage in alcoholism. This will help in identifying proper means of creating recreational or rehabilitative timetables for these students. Drug abuse and alcoholic sprees usually happen between 3pm and 7pm (www. samhsa. gov) outside the school compound or homestead, or in the most neglected and limitedly visited areas of these two environments. The most common alcoholic substances abused are beer and spirits (www. samhsa. gov). These escalations In moral problems in students and indulgence in sexual behaviors, violence, disrespectful, bullish, and various problematic characters is increasingly affecting the level of education in American public schools. Research indicate so many youths are now unable to finish schooling due to indulgence in bad morals and problematic activities and subsequently being expelled from school while others drop out in pursuit of these vices. The need to correct and modify these behaviours and arrest any escalation of these problems n the public schools is becoming integral in the education system. Methodologies and approaches are being employed and comprehensively used to counter the situations and model students into responsible young people who are admissible in the modern American society. Besides, identifying problems in students and using the proper counselling and behaviour modification strategy is vital. Problems faced by US public school system regarding students with bad behaviour The problems faced by the public schools onset with dropping out school by students due to their indulgence and subsequent immersion in problematic lives like being parents or even going to jail. Secondly, students nowadays have developed various behaviours which are deemed dangerous. There is also a growing trend of students practicing and exhibiting immoral projections which do not reflect respect of upright morals and behaviours and are deemed disrespectful. According to research conducted in Baltimore, the following are the problems faced in US public schools (Brecht Donoghue , 2004) †¢ Possession, use or distribution of tobacco on school property †¢ Disruptive behavior †¢ Verbal harassment †¢ Possession of drugs or alcohol †¢ Possession of weapons or firearms †¢ Arson †¢ Vandalizing, damaging, defacing, or destroying school property †¢ Violent behaviors/assaults, vicious fighting †¢ Extortion, coercion, blackmail, and robbery †¢ Trespassing †¢ Damaging property †¢ Insubordination †¢ Dress code violations †¢ Cheating/copying the work of another †¢ Fighting †¢ Possession of electronic devices (e. g. , beepers, cell phones) †¢ Sexual harassment †¢ Sexual misconduct †¢ Verbal abuse, ethnic slurs, vulgar statements or gestures, including the distribution of obscene material †¢ Misbehavior on bus or school transportation †¢ Disorderly conduct †¢ Gambling †¢ Assault on school staff Behavior intervention approaches Frank M. Gresham (2004), argues that Behavioral interventions is conceptualized using four broad theoretical categories: (a) applied behavior analysis, (b) social learning theory, (c) cognitive behavior therapy, and (d) neobehavioristic S-R theory (Powers Franks, 1988). Applied behavior analysis (ABA) descends directly from Skinner’s (1953) operant conditioning work and is based on the three-term contingency that describes the functional relationship between antecedents, behaviors, and consequences (Gresham, 2004). Social cognitive theory utilizes the concept of vicarious learning and the role of cognitive mediation processes in determining which environmental events are attended to, retained, and subsequently performed when an individual is exposed to modeling stimuli (Gresham, 2004 pp 327). Social learning theory is based on the notion of reciprocal determinism that describes the role an individual’s behavior has on changing the environment and vice versa (Bandura, 1986). Much of the work in social skills interventions utilizes modeling as an essential treatment strategy (Elliott Gresham, 1991; Gresham, 2002). Cognitive behavior therapy (CBT) assumes that an individual’s behavior in response to environmental events is mediated by their cognitions or thoughts (327). The goal of CBT is to change maladaptive cognitions that, in turn, lead to changes in behavior. Techniques such as self-instruction, self evaluation, correction of maladaptive self talk, and problem solving are used in CBT to change behavior (Kendall, 1985). CBT interventions are commonly used in the clinical treatment of anxiety and mood (depression, dysthymia) problems (Kazdin, 1990; Laurent Potter, 1998). Neo-behavioristic S-R models are based on features of classical (respondent) conditioning and avoidance learning in which maladaptive responses are conditioned to stimuli in the environment (Gresham pp 327). Procedures such as systematic desensitization and exposure based treatments (e. g. , flooding, implosion) for treating anxiety disorders and obsessive-compulsive disorders are based on these S-R models of learning. These concepts have been dissected into simplistic approaches by school experts and education stakeholders. They have been incorporated in the public school behavior correction faculties as methodologies whose effectiveness varies with the level of behavior intricacy and extent of effect on the respect and view by the teachers Behaviour modification methodologies used to correct this indiscipline Various modern approaches to these problems are in place. Teacher intervention techniques as well as school rules modification approaches are also in force. These approaches differ with effectiveness and time frame of implementation. Expulsions, suspensions, caning are commonplace. They compose the zero tolerance methodology which is the common practice used in public schools. Drugs, alcoholism, language and violence are approached as cases which need to be addressed cognitively. Teacher intervention methods revolve around counselling and participating in initiating good behaviour and positive perceptions in the students who have these problematic behaviours. School teacher intervention The creation of a positive social interaction environment in a friendly and unrestrictive atmosphere offers the proper environment for the teacher to address the problem. This kind of environment greatly increases recovery. It’s aimed at improving collective social behavior so as to inspire and correct the students. The school counselor should counsel the students, encourage them to share their problems, initiate recreational activities like playing chess, bridge, and other in-house games (Ken David 2007). Through a cognitive-control system the teacher manifests self analysis, self recognition, and self help so as to regulate behavior. It involves reading materials wherein the teen reads her problem and follows a set of procedures like, playing with her pet, watching an inspiring video, etc. The procedure is used in the environment created by the school teacher (above). The objective of the method is to create competing system within the brain and make adolescents lessen brain capacity to want physical engagement with substances. A school counselor should address the teen alcohol problem through an educative perspective; He gives complete clinical views on use and abuse of substances and comprehensively emphasizes the importance of the context (David Masci,, 2000). This perspective scope is on teenage cases who are supposed to actively attend and play roles in the education and during the classes. The concept is to keep these teens safe from alcohol and to stop substance abuse. The school counselor should give social and drug life education to enable teenagers to make responsible decisions by providing honest information. Secondly, the student should emphatically give a complete clinical and legal overview of implications of both on substance abusers to discourage the teens from excessive or partial indulgence. The counselor is also supposed to advise the students to understand their place in the society and their future as citizens in the educative approach (Flannery, 2007). After-school programs Students tend to have various social networks where they interact. The school counselor should integrate these networks as extracurricular activities by allocating time to be with the students. According to research, drug abuse takes place mostly after school and evening hours as stated above (Bachman, Johnston O’Malley 1990). A school counselor is involved in participating, and listening to what students express and how they relate with their peers. In a group setting, he encourages the students to speak freely, express their views, thoughts, ideas, and perspectives. He intervenes only while asking them why they feel or think a certain way, then offer his support. Students can have a friend or family member participate in order to improve the advice being offered. The setting is a homely, conducive, and well equipped with internet and all communication tools to help these students research their problem with guidance from the school counselor. This is a very effective method and creates a backbone for the gradual and even instant ceasing of alcohol habits. According to (Rosenbaum, 2003), the after school programs form the basis of a communal approach to the problem. The students are able to understand their problem through guidance. If a student’s drug use becomes a problem, the after-school drop-in program enables her to make informal contact with a professional, even if she is not ready for formal treatment. If problems escalate, a referral to the appropriate agency can be made (Rosenbaum 2003). Peer mediation Education experts also suggest providing opportunities for students to become more engaged in school activities. Adopting strategies that include students in the discipline process, including peer mediation and mentoring, may assist violence prevention efforts. In peer mediation, students are encouraged to sit down with a trained student mediator (often accompanied by an adult) and resolve their differences through dialogue. In many cases problems that would otherwise escalate can be resolved through mediation. However, if the problem is not solved, students may be required to meet with an adult or older student mentor once a week for further mediation and mentoring until all parties agree that the issue is resolved. Approaching the student’s problem to foster an understanding that the student is capable of excelling in all aspects of life if he/she desists from substance abuse is helpful. The school counselor should as often as possible make groups which consist of most disciplined students to act as the role models. These role model groups actively integrate with other groups and incorporate the students who have drug problems. This makes these students sociable and gradually makes them feel acceptable in these groups and most important, desists from substance abuse due to the moral aspect of the group personality status. Zero tolerance methodology These policies mandate predetermined consequences or punishments for specified offenses, especially those deemed very criminal in terms of the age and environment they are committed. Sex, drugs, violence, assault on a student, teacher, damaging school property and related cases are approached through the zero tolerance approach. The methodology is related to substantial drop in school crimes and is common practice (Ronnie Casella, 2000). Zero tolerance is a policy that mandates predetermined consequences or punishments for specified offenses. It is intended to deter student misconduct by weeding out potential troublemakers and setting an example to others who might choose to misbehave, zero tolerance policies are most often characterized by a variety of high-tech detection methods (such as metal detectors and video surveillance) and strict discipline policies that punish all offenses equally severely without consideration of mitigating factors, such as the severity of the infraction or the intent or age of the individual (Russell Skiba, 2000. In most cases, these policies mandate that perpetrators be subject to school exclusion disciplinary actions ranging from suspensions and expulsions to arrest by in-school police (Brecht Donoghue , 2004). Great results have been seen through this methodology, however, its harsh aspects and the suspension of the student affects the educational background of a student (V. K. Costenbacher and S. Markson, 1994). Proponents of zero tolerance argue that these policies are needed to remove disruptive elements from the classroom and keep schools free of violence. Zero tolerance is implemented in cases where the student exhibits behaviors which are deemed too harsh to be contained in the school (C. Bowditch, 1993) . School student communities approach Public school administrations espouse building a sense of community within the school has been effective at preventing violence (Russell Skiba, 2000), because students are held accountable by their peers for harm they cause. Public school administrations adopted a community model in which students rectify their mistakes whenever possible. In schools these communities institute pee juries or teen courts in which students accused of misbehavior must appear before a jury composed of fellow students. The accused student must explain his or her misbehavior to the jury, and then the jury is responsible for communicating to the student how the behavior violated the rules of the school community and develop an appropriate consequence (Brecht Donoghue , 2004). The student’s sentence is not punitive, but rather an attempt to reintegrate the student into the school community. Most often, the student is required to make restitution for his or her action and engage in some type of community service Decision-making and problem-solving This approach emphasizes the development of cognitive and behavioral skills which are flexible and not situation-specific. On a cognitive level, students are taught decision-making and problem-solving techniques which will better prepare them to avoid peer pressure situations without alienating friends. Students are also taught specific self-instruction techniques that are designed to provide them with a framework for guiding themselves through high-risk situations. Finally, students are taught basic interpersonal skills designed to enable them to implement specific decisions or act in a way which is consistent with what they want (Catherine S. Bell and Robert J. Battjes, 1984). Other measures used in US public schools Schools’ use of programmatic prevention efforts, such as conflict resolution and behavior management, help prevent student violence and aggression and eliminate the need for harsh disciplinary action (David Masci, 2000). Conflict resolution has a moderate effect on the level of student aggression in schools, and helps students remember and employ alternatives to violence when solving conflict. More support and training in classroom management of behavioral problems helps teachers deescalate potentially violent situations. Expansion of training for principals and teachers in the development and implementation of behavioral management programs to help them learn strategies useful in deescalating potentially violent interactions. This has helped more of the teachers in the public schools to have more efficiency and capacity in Expansion of violence prevention programs in schools accelerates awareness and proficiency in recognition of faulty behaviors. Introduction of school counselors in public schools is becoming a very effective methodology. As seen in the teacher intervention methodology, through a cognitive-control system the teacher manifests self analysis, self recognition, and self help so as to regulate behavior. This will help address the decline on the learned youths which is adversely affecting the social balance. More Hispanic youths, especially males, is on the declines. The effects on the society are more poor families, crime rate increase and joblessness. The long term effect is a social imbalance with Blacks and Hispanics as well as other immigrants joining the lesser society and the poor Americans. A steady decline on stable families and the many unlearned and jobless children is affecting the national economic stability. Subsequently there will be more children, the poor and the aged in the population that the stable workers (Sandra Yin, 2007). Parents and social involvement in correction of behaviour The role of parents in behavior modification is the most integral in the public school behavior modification approaches. The parents and community members have been involved in contributing as the guardians of proper social behaviors in the community. The counselor involves concepts of capacity building and establishment of more positive youth groups so as to build on youths’ strengths. This is through advising on developing positive mental attitude towards their abilities in education and entrepreneurship. The teacher invites the community to lead in playing a role of advisors while he is the active leader. These community members and the school counselors have the obligation to present appropriate role-models and opportunities for remediation for young people growing up in the school community. The message to young adults and their peers must be that they understand the dangers of substance abuse and make appropriate choices when confronted with opportunities of drug use (David Masci, 2000). In expulsions and suspensions, parents are involved in these decisions which are seen more punitive and applicable as ways to correct bad morals projected by students. Effective parenting onsets good behavior and structures long term proper characters in children. This proper behaviors and morals are carried to schools where these children meet children with different characters and up-bringing. Parenting skills have led to development of approaches to train parents in skills seen as necessary for a harmonious parent-child relationship and for the amelioration of a number of childhood problem (Pinsker Geoffroy, 1981). Parents with skills and knowledge about effective parenting have been able to address and reduce deviant child behaviours. This has also led to harmonisation of family and school perceptions in these children. School administrators have been approaching parents to attend as often ass possible school based behaviour modification approaches to arm the parents with enough knowledge on how to manage their children and the implications of immoral and indiscipline in school. The approach has been to intensify the knowledge of parents and their capacity on how to be proficient in behaviour modification. Parents have increased their capacity in communication when discussing and reprimanding their children who show immoral characters and problematic behaviours. The public schools administrators and stakeholders have emphasised on parents to learn more effective means of dealing with typical parent-child relationship conflicts and develop a healthier parent-child relationship. Behaviour modification approach contains an emphasis on direct behaviour aims at direct behaviour change. Parent’s capacity to modify inappropriate behaviours is emphasised so as to arrest these problematic problems. Parent’s capacity, based on the training attained and knowledge imparted in the school administrators, is aimed at making the communication approach of the parents to aim at focussing upon maladaptive communication patterns between parent and child that are seen as the cause of inappropriate child behaviour (Pinsker Geoffroy, 1981). Impact of bad behaviour on good students The impact of the bad behaviour in the well behaved children in schools negatively impacts on those students who have good moral back grounds. The consequence of these impacts are unsafe learning environments, exposure to smoking, drugs and other problems portrayed by the bad students. The students are intimidated and coerced so as to identify with these students. These impacts result to poor academic performance and profound moral decadency in the schools. Safety and correction to reduce harm and to reconstitute behavior and perception in the teens is important. The school counselor can actively and consistently provide extra attention and consideration to the teens with the problem and follow up their recovery. The impacts of bullying and coercion lead to traumas and children seeking to leave these schools due to intimidations by these problematic students. Sources Bandura, A. (1986). Social foundations of thought and actions: A social cognitive theory. Upper Saddle River, NJ: Prentice-Hall. Barbra Flannery, (2007) International Research Institute, Baltimore Brecht Donoghue, (2004): Zero Tolerance in Baltimore C. Bowditch(1993), â€Å"Getting Rid of Troublemakers: High School Disciplinary Procedures and the Production of Dropouts,† Social Problems, Vol. 40, (David Masci,, 2000) â€Å"Preventing Teen Drug Use: Is the Get-Tough Approach Effective? † Congressional Quarterly, Vol. 12, No. 10 Frank M. Gresham (2004) Current Status and Future Directions of School-Based Behavioral Interventions; School Psychology Review, Volume 33, No. 3, pp. 326-343 Sandra Yin: http://www. prb. org/Articles/2006/TheUnitedStatesat300Million. aspx Hser, Y-I. ; Grille, C. E. ; Hubbard, R. L. ; et al (2002). An evaluation of drug treatment for adolescents in four U. S. cities: Archives of General Psychiatry; Volume 17, pp 1 (J. G. Bachman, L. D. Johnston and P. M. O’Malley 1990), â€Å"Explaining the Recent Decline in Cocaine use Among Young Adults: Further Evidence That Perceived Risks and Disapproval Lead to Reduced Drug use: Journal of Health and Human Social Behavior 31. 2 (1990): 173-184 (Ken David 2007), Social-economic decline due to substance abuse by teens: An intelligence approach to teen physiology through counter brain measures. Goldman Intelligence, Nairobi p1-5 Mark Pinsker, Kevin Geoffroy (1981): A Comparison of Parent Effectiveness Training and Behaviour Modification Parent Training ,Family Relations, Vol. 30, No. pp. 61-68 M. Rosenbaum, â€Å"‘Just Say No’ Wins Few Points with Ravers,† Los Angeles Times, 31 Jan. 2001: A13. M. Rosenbaum (2003) Safety first: A reality based approach to teen’s drugs and drug education. Drug Policy Alliance www. safety1st. org Russell Skiba (2000), Zero Tolerance, Zero Evidence, Policy Research Report #SRS2, Indiana Research Center, Ronnie Casella (2000), â€Å"Zero Tolerance Policy in Schools: Rationale, Consequences, and Alternatives,† Teachers College Record, Vol. 105, Texas drug and rehabilitation center U. S. Census Bureau, Current Population Survey, 2006 Annual Social and Economic Supplement, accessed online at www. census. gov, on Sept. 15, 2006 US Department of Education: Findings from the school survey on crime and Safety: (2006) U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES: Public Health Service †¢ Alcohol, Drug Abuse, and Mental Health Administration: Prevention Research: Deterring Drug Abuse among Children and Adolescents (2004) V. K. Costenbacher and S. Markson (1994), â€Å"School Suspension: A Survey of Current Policies and Practices,† NAASP Bulletin, No. 78 http://www. drugfree. org www. samhas. gov www. nida. nih. gov How to cite Behaviour Modification Approaches In Us Public Schools, Papers

Void Agreements free essay sample

After today’s class you should be able to answer the following questions; †¢ †¢ †¢ The agreements expressly declared to be void The uncertain agreements The wagering agreements have not been discussed in the preceding chapter. Illegal agreements are also ‘unlawful agreements’ as they are expressly declared void by the Contract Act. It may be recalled that in the case of illegal agreements, transactions collateral to them are also tainted with illegality and hence void. Agreements in Restraint of Marriage Every individual enjoys the freedom to marry and so according to Section 26 of the Contract Act â€Å"every agreement in restraint of the marriage of any person, other than a minor, is void. † The restraint may be general or partial but the agreement is void, and therefore, an agreement agreeing not to marry at all, or a certain person, or a class of persons, or for a fixed period, is void. However, an agreement restraining the marriage of a minor is valid under the Section. It is interesting to note that a promise to marry a particular person does not imply any restraint of marriage, and is, therefore, a valid contract. Illustrations (a) Agrees with B for good consideration that he will not marry C. It is a void agreement. (b) A agrees with B that she will marry him only. It is a valid contract of marriage. 2. Agreements in Restraint of Trade The Constitution of India guarantees the freedom of trade and commerce to every citizen and therefore Section27 declares â€Å"every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void,† Thus no person is at liberty to deprive himself of the fruit of his labour, skill or talent, by any contracts that he enters into. It is to be noted that whether restraint is reasonable or not, if it is in the nature of restraint of trade, the agreement is void always, subject to certain exceptions provided for statutorily. Illustration. An agreement whereby one of the parties agrees to close his business in consideration of the promise by the other party to pay a certain sum of money, is void, being an agreement in restraint of trade, and the amount is not recoverable, if the other party fails to pay the promised sum of money ( Madhub Chander vs Raj Kumar) But agreements merely restraining freedom of action necessary for the carrying on of business are not void, for the law does not intend to take away the right of a trader to regulate his business according to his own discretion and choice. Illustration An agreement to sell all produce to a certain party, with a stipulation that the purchaser was bound to accept the whole quantity, was held valid because it aimed to promote business Introduction In today’s lecture we shall study about void agreements and their different classes You all must be aware by now that â€Å"An agreement not enforceable by law is said to be void† [Sec. 2(g)]. Thus a void agreement does not give rise to any legal consequences and is void ab-initio. In the eye of law such an agreement is no agreement at all from its very inception. We have already dealt with the following types of void agreements in the preceding chapters, and will not therefore discuss them here again: The preceding chapters, and will not therefore discuss them here again: 1. 2. 3. 4. Agreements by a minor or a person of unsound mind (Sec. 11). Agreements made under a bilateral mistake of fact material to the agreements(Sec. 20). Agreements of which the consideration or object is unlawful (Sec. 23). Agreements of which the consideration or object is unlawful in part and the illegal part cannot be separated from the legal part (Sec. 24). Agreements made without consideration (Sec. 25). 5. Expressly Declared Void Agreements The last essential of a valid contract as declared by Section 10 is that it must not be one which is ‘expressly declared’ to be void by the Act. Thus, there arises a question, as to what are ‘expressly declared’ void agreements? The following agreements have been ‘expressly declared’, to be void by the Indian Contract Act: 1. Agreements in restraint of marriage (Sec. 26). agreements in restraint of trade (Sec. 27). Agreements in restraint of legal proceedings (Sec. 28). Agreements the meaning of which is uncertain (Sec. 29) Agreements by way of wager (Sec. 30). Agreements contingent on impossible events (Sec. 36). Agreements to do impossible acts (Sec. 56). At the very outset, it may be borne in mind that the law declares these agreements void ab-initio and not illegal, and therefore transactions collateral to such agreements are not made void. In fact it is for this reason that these agreements 11. 555  © Copy Right: Rai University 55 and did not restrain it (Mackenzie vs Striramiah). But where in a similar agreement the purchaser was free to reject the goods (i. e. , was not bound to accept the whole quantity tendered) it was held that the agreement was void as being in restraint of trade (Sheikh Kalu vs Ram Saran). Exceptions An agreement in restraint of trade is valid in the following cases (i) Sale of goodwill. The seller of the ‘goodwill’ of a business can be restrained from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided the restraint is reasonable in point of time and space (Exception to Sec. 27). manufacturers e. g. , not to sell their goods below a certain price, to pool profits or output and to divide the same in an agreed proportion, does not amount to a restart of trade and IS perfectly valid (Fraser Co. v Bombay Ice Company5). Similarly, an agreement amongst the traders of a, particular locality with the object of keeping the trade in their own hands is not void merely because it hurts a rival in trade (Bhola Nath vs Lachmi Narain). But if an agreement attempts to create a monopoly, it would be void (Kameshwar Singh vs Yasin Khan). Agreements tending to create monopolies are now also governed by the provisions of the Monopolies and Restrictive Trade Practices Act, 1969, which forbids certain types of trade agreements. (iv) Negative stipulations in service agreements. An agreement of service by which a person binds himself during the term of the agreement, not to take service with anyone else, is not in restraint of lawful profession and is valid. Thus a chartered accountant employed in a company may be debarred from private practice or from serving elsewhere during the con-tinuance of service (Maganlal vs Ambica Mills Ltd. 8) But an agreement of service which seeks to restrict the freedom of occupation for some period, after the termination of service, is void. Thus, where S, who was an employ-ee of Brahmputra Tea Co. Assam, agreed not to employ himself or to† change himself in any similar business within 40 miles from Assam, for a period of five years from the date of the termination of his service, it was held that the agreement is in restraint of lawful profession and hence void (Brahamputra Tea Co. vs Scarth). 3. Agreements in Restraint of Legal Proceedings Section 28, as amended by the Indian Contract (Amendment) Act, 1996, declares the following three kinds of agreements void: (a) An agreement by which a party is restricted absolutely nom taking usual legal proceedings, in respect of any rights arising Item a contract. An agreement which limits the time within which one may enforce his contract rights, without regard to the time allowed by the Limitation Act. (c) An agreement ‘which provides for forfeiture of any rights arising from a contract, if suit is not brought within a specified period, without regard to the time allowed by the Limitation Act. Restriction on Legal proceedings. As stated above Section 28 renders every agreement in restraint of legal proceedings void. This is in furtherance of what we studied under the definition of a ‘contract’, namely, agreement plus ‘enforceability at law is a contract. Thus if an agreement inter-alia provides that no party shall ‘-go to a court of law, in case of breach, there is no contract and the agreement is void ab-initio. In this connection the following points must also be borne in mind: (a) The Section applies only to rights arising from a contract. It does not apply to cases1o of civil or criminal wrongs or torts. LEGAL ASPECTS OF BUSINESS Illustrations (a) A after selling the goodwill of his business to B promises not to carry on similar business â€Å"anywhere in the world. As the restraint is unreasonable the agreement is void. (b) C a seller of imitation jewellery in London sells his business to D and promises that for a period of two years he would not deal: (a) in imitation jewellery in England, (b) in real jewellery in England, and (c) in real or imitation jewellery in certain foreign countries. The first promise alone was held lawful. The other two promises, namely (b) and (c), were held void as the restraint was unreasonable in point of space and the nature of business (Goldsoll vs Goldma). (ii) Partners’ agreements. An agreement in restraint of trade among the partners or between any partner and the buyer of firm’s goodwill is valid if the restraint comes within any of the following cases: (a) An agreement among the partners that a partner shall not carry on any business other than that of the firm while he is a partner . (b) An agreement by a partner with his other partners that. on retiring from the partnership he will not carry on any business similar to that of the firm within a specified period or within specified local limits, provided the restrictions imposed are reasonable [Section 36(2) of the Partnership Act}.