Law Research Essay

â€Å"An agreement without consideration is void†. Do you agree? Justify your response on the basis on what you have learnt about this rule and its exceptions. Use suitable illustrations to substantiate your answer. A legally binding contract needs consideration as it is an important element. So, a valid contract will not exist without consideration. By promise someone sacrifices or gives something and other people take something. This kind of giving or taking and sacrificing is called consideration by law. If one party promises without any consideration that is a gift. Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. S2 (d) Contract Act 1950 defines consideration, when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise. It can also be defined as a detriment suffered in exchange for a benefit received, each party must promise to give or do something for the other. Consideration must exist in every contracts and it must have monetary value. There have been a number of case law definitions of consideration, for example Currie v Misa (1875): â€Å"A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.† S26 Contract Act 1950 states that, an agreement made without consideration is void, unless (a) it is in writing and registered; it is expressed in writing and registered under the law (if any) for the time being in force for the registration of such documents, and is made on account of natural love and affection between parties standing in a near relation to each other. Besides that, (b) or is a promise to compensate for something done; it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promise, or something which the promisor was legally compellable to do. Also, (c) or is a promise to pay debt barred by limitation law; it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. An agreement is a contract in any there cases. Illustrations for S26 Contract Act 1950, (a) A promises, for no consideration, to give to B RM1, 000. This is a void agreement. (b) A, for natural love and affection, promises to give his son, B, RM1,000. A puts his promise to B into writing and registers it under a law for the time being in force for the registration of such documents, this is a contract. (c) A finds B’s purse and gives it to him. B promises to give A RM 50. This is a contract. (d) A supports B’s infant son. B promises to pay A’s expenses in so doing. This is a contract. (e) A owes B RM1, 000, but the debt is barred by limitation. A signs a written promise to pay B RM500 on account of the debt. This is a contract. (f) A agrees to sell a horse worth RM1, 000 for RM 10. A’s consent to the agreement was freely given. The agreement is a contract notwithstanding the inadequacy of the consideration. (g) A agrees to sell a horse worth RM1, 000 for RM 10. A denies that consent to the agreement was freely given. The inadequacy of the consideration is a fact which the court should take into account in considering whether or not A’s consent was freely given. In conclusion, I agree with the statement â€Å"an agreement without consideration is void†. If an agreement without consideration is valid, it is unfair to everyone who is protected by the law. Therefore, according to S26 Contract Act 1950, an agreement made without consideration is void, unless it is in writing and registered; or is a promise to compensate for something done; or is a promise to pay a debt barred by limitation law. Question 2 Khalid was interested in buying Siti’s painting which she had names â€Å"Hawa†. Khalid met Siti and told her that he will pay her RM5,000 for â€Å"Hawa†. Siti said she will think about it. 2 weeks later Siti told Khalid that she will sell him the painting for RM7,000. Khalid said that the price was too high and he did not want the painting. One week later, Khalid received bonus from his employer. He immediately contacted Siti and told her that he will pay the RM7,000 for â€Å"Hawa†. Siti refused to give Khalid the painting, saying the price had now gone up to RM10,000. Explain to Siti whether she is bound by any contract to sell the painting to Khalid for RM7,000? Make references to relevant case laws and legislation. Issue: Whether Siti is bound by any contract to sell the painting to Khalid for RM7,000? Identify and Application of Law: The Contract Act 1950 is the law governing the making of a contract. S2 (g) Contract Act 1950 states that an agreement not enforceable by law is said to be void and S2 (h) Contract Act 1950 states an agreement enforceable by law is a contract. Therefore, to determine whether there Siti is bound by any contract to sell the painting to Khalid for RM7,000? Firstly, S2 (b) Contract Act 1950, when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise. S2 (c) Contract Act 1950, the person making the proposal is called the â€Å"promisor† and the person accepting the proposal is called the â€Å"promisee†. In this case here, Khalid can be said to be an offerer and if Siti accepted the offer, she would become the offeree. Khalid offered to Siti to pay her RM5,000 for buying the painting â€Å"Hawa†. Siti said she will think about it but she did not accept the offer. In S6 (c) Contract Act 1950, by failure of the acceptor to fulfill a condition precedent to acceptance; or counter offer, the proposal is revoked. Hyde v Wrench (1840), D made an offer to sell his house for 1000 pound. P purposely accepted at 950 pound but when D refused, P accepted the original offer of 1000 pound. Here, the counter offer terminated the original offer. There was nothing to accept. After two weeks, Siti made a counter offer to Khalid that she will sell him the painting â€Å"Hawa† for RM7,000. Then Khalid immediately said price was too high, he did not want the painting â€Å"Hawa†. Besides that, This counter offer also terminated the original offer which was Khalid offered Siti to buy the painting â€Å"Hawa† for RM5,000. So there was no any contract between Siti and Khalid. One week later, Khalid received bonus from his employer. He immediately contacted Siti and told her that he will pay RM7,000 for the painting â€Å"Hawa†. In here, Khalid made an offer to Siti again. However, Siti refused to give Khalid the painting for RM7,000. She told Khalid that the price of â€Å"Hawa† had now gone up to RM10,000. Siti did not accept Khalid’s offer and she inform Khalid that the price of â€Å"Hawa† had gone up to RM10,000. Therefore, there was no any contract between Siti and Khalid in this case. If Khalid really wanted to buy the painting â€Å"Hawa† for RM7,000, he should not refuse Siti immediately at the moment. He should just tell Siti that he would think about it. If he told Siti that he would think about it but not refused it, then there was a contract between Siti and Khalid. In conclusion, Siti is not bound by any contract to sell the painting â€Å"Hawa† to Khalid for RM7,000. S 3 Contract Act 1950 states the communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting, or revoking, by which he intends to communicate the proposal, acceptance, or revocation, or which has the effect of communication it. The general rule of S3 Contract Act 1950 is the acceptance must be communicated. In this case, when Siti made a counter offer to Khalid to sell the painting â€Å"Hawa† for RM7,000, Khalid did not accept the offer, but he refused it due to the price was too high. So the offer of selling the painting â€Å"Hawa† for RM7,000 was terminated, the offer was no longer exist. Therefore, Siti is not bound by any contract to sell the painting â€Å"Hawa† to Khalid for RM7,000. List of References The Lawyers & Jurists (2010) Insuffiency of consideration is immaterial, but an agreement without consideration is void- illustrate and explain. [online] Available at: http://www.lawyersnjurists.com/resource/articles-and-assignment/insuffiency-consideration-immaterial-agreement-consideration-void-%E2%80%93-illustrate-explain/ [Accessed: 25th Aug 2012]. Laws of Malaysia. (2009) Contract Act 1950. Kuala Lumpur: The Commissioner of Law Revision, Malaysia, p.12~13.

Human Resource Management Approaches

Introduction In any organization, the human resource force is one of the most vital assets. In this regard, it is vital for organizations to ensure that they formulate and implement human resource management policies that will optimize employees’ contributions so as to maintain competitiveness in their different industries of operation (Armstrong, 2008; Marchington & Wilkinson, 2005). There are different approaches that different organizations use to ensure that their employees are at their optimal productivity. Some of these approaches include recruitment of highly qualified staff members, providing occasional training for employees to improve their competence at work, fair remuneration, and employee motivation (Ulrich et al., 2008). Scholars in the field of human resource management have proposed several models that can be used in managing people. Some of these are scientific management and human relations theory (Taylor, 2013; Thompson, 2011). The scientific management approach emphasis es on managing employees to increase efficiency by using monetary motivation (Taylor, 2013). The human relations approach is based on the notion that using monetary rewards is not the only way in which employees can be motivated. They can also be motivated through other social factors like being praised, promoted or making developing in them a sense of belonging (Thompson, 2011). This paper intends to examine human relations and scientific management concepts by comparing and contrasting human resource management approaches at TGI Friday’s and Christians against Poverty, one of the Sunday Times 100 best not for profit organizations. The paper also discusses whether both approaches to management are relevant in the 21st century, and whether not for profit organizations should manage their employees in a way that is different from companies whose main objectives are profit maximization. Management at TGI Friday’s TGI Friday’s is a restaurant chain with its UK head offices in Luton (TGI Friday’s, 2014). Based on an employee survey carried out by the Sunday Times, the company ranked third among the 25 best big companies. The survey sought to establish the employees’ perceptions of the way they were being managed. The company also ranked third on the overall 100 best companies to work for in the United Kingdom (The Sunday Times a, 2013). The good ranks that the company holds among the best companies to work for reflects the effectiveness of the company’s human resource management approaches. Management of people at TGI Friday’s displays both the human relations and scientific management approaches. With reference to the human relations approach, performance is enhanced by the creation of an effective working environment and instilling a sense of belonging in their employees (Thompson, 2011). The scientific management approach is also used through offering monet ary bonuses and retaining productive employees and dismissing the unproductive employees (Taylor, 2013). Examples of these approaches at TGI Friday’s is further discussed belowHuman Relations ApproachRecognitionEmployee recognition is defined as giving employees a positive feedback to let them know that they are valued by their colleagues and workmates in the organization. Wright et al. (2012) argue that for employee recognition to have an impact in the progress of an organization, it needs to encourage employees to increase their efforts towards attaining organizational goals. According to Karen Forester, the TGI Friday’s managing director in the UK; employee recognition has been part of the company’s culture since it started in 1965 (TGI Friday’s, 2014). One way in which the company recognizes its employees is through the use of achievement badges, which are given to employees as a form of appreciation for their achievements or extraordinary contributio ns they make towards the company. The company also has a program where employees are nominated by colleagues based on their performance, and are later gifted through different treats. For instance, in January 2013, TGI Friday’s UK flew 400 employees to a party that was held in Florida (The Sunday Times a, 2013). Whereas such employee recognition efforts may be costly and could cut down on the company’s profitability, the organization believes that it is a â€Å"huge deposit in the emotional bank account†.Creation of a Conducive working EnvironmentThe organizational environment also has a role to play in the productivity of employees. There are several approaches that have been suggested by researchers on the approaches that can be used to create an organizational environment that enhances employee productivity (Armstrong, 2008). One of these is creation of an open and transparent form of communication across the organization. By so doing, all employees will have a feeling that their opinions are valuable to the organization. This also instils a sense of belonging in the employees (Aula & Siira, 2010). Another approach that can be used in creation of an effective work environment for employees is ensuring that there is a work-life balance for employees (Bratton & Gold, 2012; Miner, 2005). To attain work-life balance, employees ought to be given the chance to fulfil other goals and responsibility in life apart from their work. These include responsibilities to their families and the community, spiritual needs and personal growth, among others (Clutterbuck, 2003). Other approaches include encouraging a team spirit in the organization, provision of a job security assurance and offering training to improve employee competence (Orlitzky & Frenkel, 2005). As opposed to typical fast-paced food restaurants, TGI Friday’s employees have the assurance that their jobs are secure. With reference to a research carried out by the Sunday Times, 86% of the company’s employees felt that they had secure jobs. With regard to instilling a sense of belonging in its customers, the company has a tradition for treating each of its 4000 staff members in the UK as family (The Sunday Times a, 2013). According to Karen foster, the company’s UK managing director, â€Å"We never call them staff or employees, we call them family and we treat them like family† (Martin, 2013). This also creates a sense of teamwork, which is also a factor that improves employee productivity.Scientific Management ApproachEvaluation of employee performanceThe scientific approach to human resource management emphasizes on increasing efficiency in employee productivity. One of the ways in which this can be done in an organization is through the evaluation of the performance of employees in periodic intervals (Taylor, 2013). Employees that are not competent enough ought to be trained or given a certain time to improve. If they fail to improve in performance, they are dismissed and replaced by more competent recruits (Bloisi, 2007). This also takes place at TGI Friday’s. There was a period in time when the company needed to redefine its culture and redefine itself. To do this, some brutal approaches were undertaken to ensure that only the right staff members were left in the company. This involved carrying out an assessment of each member of the company and classifying them according to their contributions. As argued by the company’s UK managing director, â€Å"Everyone in the organisation was assessed and classified as ‘players’, ‘wannabe players’ (who needed more training), ‘potential players’ (who could go either way) and ‘assassins’ (who had the ability to sabotage the transformation project)† (Martin, 2013). The group of employees that was referred to as the assassins was dismissed from the company, a step that resulted in the improvement of the company’s performance. This is an ideal approach of increasing the efficiency of the company, which is quite synonymous to the scientific management approach.Monetary MotivationTo motivate employees, TGI Friday’s also uses the monetary approach. Employees at the company receive annual pay reviews. In 2013, members of the company’s kitchen staff were offered a 9.5% pay rise as a gesture to appreciate their contributions to the company (The Sunday Times a, 2013). Even though the monetary incentives are used to motivate the company employees, they are used alongside other forms of incentives. The reason for this is that when monetary incentives are used exclusively by a company, it may limit the creativity and innovation of employees (Adeogun, 2009). Management at Christians against Poverty (CAP) Christians against Poverty (CAP) is a not-for profit organization operating the United Kingdom. It specialized in debt counselling, a charity work that that is based in different local churches across the UK (Christians Against Poverty, 2013). It offers solutions and hope for people who are in heavy debts by providing advice to the affected people on the ways in which they can generate income to enable settle the debts and relieve themselves from the associated stresses that could be even detrimental to their health. Apart from helping the company’s target populations to get out of poverty, CAP has also received recognition by the Sunday Times as being among the best not for profit companies to work for (The Sunday Times b, 2013). In a study that was carried out by Sunday Times on opinions of the company’s employees about how they felt about their leadership and whether they enjoy working at CAP, there was a 95% positive response that indicated that employees loved to w ork for the company. 97% of the employees indicated their pride in being employed by the company, while 99% of the employees believed that the company makes a positive contribution in society (The Sunday Times b, 2013). Just as was the result at TGI Friday’s, this response from the company employees indicates that the approaches used in the human resource management of the company is appropriate. The main difference that exists between TGI Friday’s and CAP is that whereas TGI Friday’s incorporates monetary incentives in employee motivation, there is no evidence that indicates that CAP uses the same.The Human Relations ApproachCommunication at CAPIn any organization, effective communication is one of the factors that contribute towards an improvement in employee performance. Communication often depends on the structure of the organization. Hierarchical organizational structures are characterized by vertical communication channels, where employees pass information to managers through their immediate bosses (Adeogun, 2009). On the other hand, adhocratic organizations are characterized by horizontal communication channels, where employees are free to address top managers in case they need to pass across a certain message (Ulrich et al., 2008). The structure at CAP is adhocratic, based on the fact that senior managers and employees interact to share information that id positive for the organization’s progress. Not only does this reduce the channels through which information it passed, but also motivates employees by providing them with a sense of belonging (Armstrong, 2008). They are also motivated to contribute more towards the organization because they know that their opinions and ideas matter. Effective communication at CAP was demonstrated in 2012 where there was a restructure of client service teams in the organization. When staff members that had been adversely affected by the reshuffle voiced their concerns, the original restructu ring plans were changed (The Sunday Times b, 2013). In another demonstration of effective communication at CAP, there was a Dragon’s Den-style event, where teams were established to propose improvements on the company’s operations. All the proposals were presented, and a vote was made to select those that had to be implemented immediately. Afterwards, the managers pledged that they will ensure that the suggested proposals will be implemented (The Sunday Times b, 2013). This clearly indicates that the company involves its employees in decision making.Catering for Employees’ WellbeingEnsuring that the well being of employees is catered for is another approach that CAP uses to motivate its human resource force (Meyer & Allen, 2007). According to the research that was carried out by the Sunday Times, the company has an 88% score on how effectively it addresses the wellbeing of its employees. One of the ways in which the company addresses the wellbeing of its employe es is through setting aside a full day every year, referred to as the wellbeing day. On this day, employees are informed on how to maintain a healthy lifestyle, encouraged to use the staff gym. Several group exercises are also carried out (Christians Against Poverty, 2013). Another approach that is used to address the wellbeing of employees is through organizing motivational talks to empower them. Matt Barlow, the chief executive director of CAP, gives regular motivational speeches to the company’s staff members, which mainly aim at inspiring them to attain their potential in life while at the same time ensuring that they adhere to their moral principles (The Sunday Times b, 2013). This has increased the faith that employees have in him and the company. When employees are aware that the company is concerned about their well being, there is an increased likelihood for them to be more committed to the organization (Orlitzky & Frenkel, 2005).IncentivesAs opposed to TGI Fridayâ⠂¬â„¢s where employees are provided with monetary incentives in form of bonuses and salary increments, the incentives that employees at CAP get are usually in form of free drinks and fruits, a cycle to work program and being provided with free sports facilities (The Sunday Times b, 2013). There is also a program where employees are nominated by managers for awards, depending on their performance. When employees make contributions that are beyond what is expected of them, they are recognized and awarded. Far from financial rewards that are given in most companies, the rewards that are given at CAP include meals, cinema tickets or chocolates. The annual salary of a caseworker in the company is at ?21,164, of which employees believe is a reasonable pay for their efforts (Christians Against Poverty, 2013). Being a not for profit organization, this explains the fact that there are no incentives in form of financial reward. Relevance of the Human Relations and Scientific management in the 21st Century To establish how relevant these approaches of human resource management are in the present-day organizational environment, it is vital to have an understanding of the principles that govern them. The scientific management approach has four core principles (Taylor, 2013). The first is referred to as the replace rule of thumb work approaches. These approaches have to be arrived at by carrying out a scientific study. The second principle is that every employee in the organization ought to be scientifically selected, trained and developed, as opposed to letting them train themselves with work experience. The third principle is that managers ought to cooperate with employees so as to ensure that they are strictly adhering to the operational methods that have been scientifically developed. The fourth principle is that work ought to be equally divided between workers and managers to allow managers to apply the principles of scientific management to plan duties for workers (Taylor, 2013). Cr itics of this approach of management argue that it increases work monotony and reduces avenues through which employees could provide feedback to their managers (Ulrich et al., 2008). However, there is still relevance of this approach in present-day human resource management. One of the principles that are still applicable is that employees ought to be scientifically selected, trained and developed by organizations (Taylor, 2013). Even present-day organizations have certain criteria that they use in selection and recruitment of their employees, and also emphasize on training them so as to make them more capable in executing their responsibilities (Bratton & Gold, 2012). The human relations approach to management is based on three underlying principles (Thompson, 2011). The first principle is decentralization, where hierarchy that is often employed in classical management is replaced with providing employees with greater autonomy. The second is participatory decision making, where employees ought to be involved in the decision-making process of the organization. The third principle is that managers need to develop employees that are self-motivated (Thompson, 2011). This management approach is supportive of an organizational structure that is adhocratic (horizontal), and against the hierarchical organizational structure. Given that present-day organizations are becoming less hierarchical and more horizontal, it can be thus stated that the human relations approach to management is quite relevant in the 21st century (Ulrich et al., 2008). In regard to whether not-for-profit organizations and organizations that aim to maximize their profits need to apply different management approaches, this is quite debatable. Whilst the objectives of these organizations might differ, it is vital for both to ensure that their employees are motivated and efficient. The main aspect that may differentiate not for profit organizations with the profitable ones is that while employees in not for profit organizations may not prioritize monetary incentives, those in profitable companies expect such incentives to be incorporated in their motivation strategies. Conclusion As aforementioned in this study, human resources are the most important assets owned by any organization. Therefore, human resource managers ought to use people management strategies that motivate employees to increase their contribution towards attaining organizational goals. Two main approaches to people management have been addressed here. These are the scientific management approach and the human relations approach. Explanation of these approaches has been done by comparing management approaches in two organizations ranked among the top 100 companies to work for in the UK. One of the companies, TGI Friday’s, is a profit oriented company, while other, CAP is a not for profit organization. Similarities and differences that exist in the human resource management approaches of these companies have been highlighted in this report. In establishing the relevance of scientific management and the human relations approach of management, future research should carry out a more in-dep th analysis of the advantages and disadvantages of both in the present-day organizational environment. References Adeogun, J., 2009. Monetary Motivation, Performance and Job Satisfaction. New York: ILEAD Academy. Armstrong, M., 2008. Strategic Human Resource Management: A Guide to Action. London: Kogan Page. Aula, P. & Siira, K., 2010. Organizational Communication and Conflict Management Systems: A Social Complexity Approach. Nordicom Review, 31, pp.125-41. Bloisi, W., 2007. An Introduction to Human Resource Management. Maidenhead: McGraw-Hill Education. Bratton, J. & Gold, J., 2012. Human Resource Management: Theory and Practice (5th edition). London: Palgrave. Christians Against Poverty, 2013. About Us. [Online] Available at: https://www.capuk.org/ [Accessed 20 February 2014]. Clutterbuck, D., 2003. Managing work-life balance: a guide for HR in achieving organizational and individual change. London: Chartered Institute Of Personal Development. Marchington, M. & Wilkinson, A., 2005. Human Resource Management at Work: People Management and Development. London: CIPD. Martin, P., 2013. TGI Friday’s MD: my people management secrets. [Online] Available at: http://www.hrmagazine.co.uk/hr/features/1078162/tgi-fridays-md-people-management-secrets [Accessed 20 February 2014]. Meyer, J.P. & Allen, N.J., 2007. A three-component conceptualization of organizational commitment: Some methodological considerations. Human Resource Management Review, 1, pp.61-98. Miner, J.B., 2005. Organizational Behavior: Essential theories of motivation and leadership. New York: M.E. Sharpe. Orlitzky, M. & Frenkel, S., 2005. Alternative pathways to high-performance workplaces. International Journal of Human Resource Management, 16(8), pp.1325-48. Taylor, F.W., 2013. Scientific management. New York: Routledge. TGI Friday’s, 2014. About Us. [Online] Available at: http://www.tgifridays.co.uk/ [Accessed 20 February 2014]. The Sunday Times a, 2013. The Sunday Times 100 Best Companies. [Online] Available at: http://features.thesundaytimes.co.uk/public/best100companies/live/template [Accessed 20 February 2014]. The Sunday Times b, 2013. 100 best Not for Profit Companies. [Online] Available at: http://features.thesundaytimes.co.uk/public/best100companies/live/template [Accessed 20 February 2014]. Thompson, J.D., 2011. Organizations in action: Social science bases of administrative theory. California: Transaction Publishers. Ulrich, D., Younger, J. & Brockbank, W., 2008. The twenty-first-century HR organization. Human Resource Management, 47, pp.829-50. Wright, B.E., Moynihan, D.P. & Pandey, S.K., 2012. Pulling the Levers: Transformational Leadership, Public Service, Motivation, and Mission Valence. Public Administration Review, 72(2), p.206–215.

Elephants, Economics and Ivory Essay Example | Topics and Well Written Essays - 4750 words

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The impact of Japanisation, lean production and high performance work Essay

The impact of Japanisation, lean production and high performance work practices in the UK Workplace - Essay Example The effectiveness of these techniques in practice has led many managers internationally to adopt these techniques; in this way the so-called ‘japanisation’ has become a common phenomenon within modern firms (referring to the management styles used throughout modern organizations). In most cases, the effectiveness of Japanese management techniques is based on the radical increase of employees’ performance; lean production as developed primarily by Toyota is extensively used by firms within the modern market in order to support the improvement of organizational performance: a target that is being achieved in most cases. On the other hand, because there are cases where the adaptation of Japanese management techniques do not lead to the increase of the employees’ performance (and the following increase of the firm’s profitability) it is necessary to identify the key elements of the Japanese techniques’ potential failure ensuring at the same time t hat alternative management techniques – effective ones – will be available to managers worldwide. The design and the development of management practices in workplace should be decided taking into account the cultural and social characteristics of the specific region. The culture of the particular organization should be also taken into consideration. The specific issue was examined by Soutar et al. (1999, 203) who noticed that ‘culture is an important idea as it deals with the way people live and approach problem solving in a social and organizational context’. In accordance with the above view, management practices in countries around the world are expected to present significant differences; however it has been proved in the literature and the empirical research that in modern workplace the practices followed by managers are similar; it’s just the fact that this similarity is further increased when referring to firms established in the same country.

Personal Criminological Theory Essay Example | Topics and Well Written Essays - 750 words

Personal Criminological Theory - Essay Example Trouble arises when people allow these urges to stray beyond the bounds set by a society’s laws. As indicated in Reader’s Digest’s ABC’s of the Human Mind (1990, 48) â€Å"most criminologists today see crime arising mainly from environmental conditions, such as urban pressures, poverty, and a poor home life†. In this regard, the essay is written with the objective of proffering a description of one’s personal criminology theory; specifically addressing the following concerns, to wit: (1) to provide an explanation as to the occurrence of crime and why people commit crime; (2) to identify the variables that would be considered; (3) to identify assumptions on which one’s theory is based; and (4) to present the methodologies used to evaluate it. One’s personal theory on the rationale for the commission of crime is based on Williams McShane’s (2008) discussion of a good theory, stating that it is â€Å"is logically constructed, is based on the evidence at hand, and is supported by subsequent research† (7). Crime is properly understood as part of the broader phenomenon of deviance. To understand the rationale for the occurrence of crime and criminal behavior, per se; as well as the rates of crime, it is necessary to understand the dynamics of conformity and deviation, including the processes of social disorganization. It is therefore, one’s personal contention that crime is a product of societal disequilibrium. As indicated by Broom & Selznick (1977), â€Å"the problems that arise in the area of law and morals bring home the lesson that crime is a social product, not a natural phenomenon. It is society that decides what shall be considered a crime and therefore subject to police surveillance and c ontrol† (422). informal social controls break down and criminal cultures emerge. They lack collective efficacy to fight crime and disorder† (Shaw & McKay, Sampson, Bursik & Grasmick cited from Cullen & Agnew, 2002, par. 4). The

How can Human Rerources Make a Strategic Contribution to Organisations Essay

How can Human Rerources Make a Strategic Contribution to Organisations in a Time of Economic Recession - Essay Example It is further observed that loss of business of the star category premium hotels led to the final closure of many such large groups in and across the European continent. The reduction in transactions pertaining to the premium category hotels leads to the closure of many such units thereby rendering a large amount of impact on the human resources employed in such sectors. The hotels in order to counter the economic impacts of the global recession also amounted to rendering large amount of job cuts thereby complicating the situation (Jones, 2009, p.364-366). In the light of the above situation the paper proceeds to understand the managerial implications of the hotel companies to help sustain their position in the fluctuating market and also to effectively retain the human resources employed in the concern. ... In this Dent suggests that Managers herein are required to play a key role in making the employees understand the benefits and the implications involved in regards to incorporation of changes in the business policy and technological paradigm. Effective feedback must be gained from the people working in various levels and departments in regards to the incorporation of new policies and technological methods to reduce the climate of obstruction in the organisation (Dent and Goldberg, 1999, p.39). Again, Ford, Ford and D’Amelio in their article states that the existence of resistance in regards to the incorporation of a new business philosophy must not always be taken as a mode of obstruction. Rather people turn out to be resistant to changes when they feel that changes demanded by the managers are not legitimate enough or would prove detrimental to the interests of the working class. Thus managers need to pay heed to the needs and interests of the people before deciding on to imp lement the change process. Again in that the demands of the people resisting organisational change must not always be taken as irrational in nature. Rather the interests of the people taken into consideration would help in the formation of counter arguments resulting in more effective policy making. The process of resistance invites the development of thought process in regards to the organisational managers to help in formulating more dynamic and scientific business policies and methods for the concern. Thus the people rendering resistance need to be taken as agents in the change bearing process and not as potential obstructers. In this light, Elrod II and Tippett in their

SEX AS CRIME 2 Essay Example | Topics and Well Written Essays - 2500 words

SEX AS CRIME 2 - Essay Example The essay will also explore the different situations in which women might find themselves in which predispose them to rape. The sex industry is a large sector where acts of rape are perpetrated and the victims have no means of seeking legal action. In this regard, the essay seeks to bring into perspective the policies that have been put in place to combat sexual offences such as rape. In the essay, challenges that the government, the law enforcement officers and social services officers encounter in assisting victims of sexual violence are explored. Rape is forced sex. It involves forcing an individual to engage in sexual activity without their consent. It may involve penetration through various body openings and using various objects. Rape mostly occurs because of the social inequalities between men and women, or the inequalities related to age and position at the workplace. The most type of rape is date rape, which is done by a familiar person. Marital rape also occurs in marriage- like settings. Sexual violence allows men to control women (Brown miller, 1975). In her analysis of rape, Miller points out that rape is not a crime of irrational impulse or an uncontrollable act, but a deliberate violent, hostile act of degradation possessions on the part of the would be conqueror. According to Miller, rape is designed to intimidate and inspire fear. This explains why many rape cases go unreported and are tolerated in silence by victims. The silence of the society is equated as the silence of the victims. According to a 2005 report by the Sanders, many people believe that a woman bears the responsibility of her rape, either partially or completely, in case she demonstrated flirty behavior. A small percentage of the people interviewed expressed the opinion that a woman is partly to blame if she is raped and she has worn revealing attire or is under the influence of drugs (Sanders, 2005). These reasons do little to shed light on the low number of convicted criminals of sexual violence. Around 14% of the reported cases find their way in a court house, while almost 10% of these are termed as faulty allegations on the suspects. Majority of these are cases that involve women and girls from the age of 16 to 25. Some of these cases are later withdrawn for the victims fear that they are not believed, while others are dismissed on the grounds of insufficient evidence. The above mentioned reasons explain why very few cases are reported by rape victims. The public exudes no confidence in the justice system when it comes to handling sexual violence victims. Vulnerability of rape victims varies with different people. Different situations expose individuals to sexual assault. Adolescents make up the largest and most vulnerable group of individuals most susceptible to rape. They are most vulnerable because of their age. Assailants instill fear in them and they do not report cases of sexual assault until it is too late. On the other hand, teenagers are easily manipulated but their assailants as they are offered gifts and money in return for their sexual services (Phoenix, 2001). These are gifts that are very appealing to the teens as they make them stand out from their peers. Another group that is very vulnerable to rape is that of individuals whose mental health is problematic or unstable. Sexual violence also occurs as part of domestic violence. Studies show that almost 50% of women and 35%