Thursday, October 31, 2019
Price of Healthcare Essay Example | Topics and Well Written Essays - 1000 words
Price of Healthcare - Essay Example In 2005, the average person spent close to $6,000. Medical bills were of little concern to families in the 1950’s but the medical technology seems archaic by today’s standards. Half a century ago, a person’s lifespan was approximately 68 where today, it is a decade longer. Those in their 40’s today can reasonably expect to see their 80th birthday. Most, presumably, would prefer to spend more money to live longer which is what has happened. From this perspective, healthcare could be considered a good return on an investment. The benefits and costs of healthcare are not unrelated yet many do not understand why they have to pay more than they did equivalent to the 1950’s or even to 1999. People generally consider healthcare costs to be a commodity in the same way they think of electricity or gasoline where price has little bearing on the quality of the product. The medical system of the U.S. does experience waste from sources such as bureaucratic expenses generated from insurance companies and unproven procedures that are expensive and are yet to be proven effective. The main reasons for the increasing medical cost increases, however, are visible and obvious. They can be readily observed in hospitals and in people’s home medicine cabinets as well. CAT Scan and MRI machines, specialized neonatal apparatus and defibrillators in addition to numerous other high-tech hospital gadgets such as artificial hearts are very expensive. Prescription prices have also risen which adds to the total costs related to healthcare (Leonhardt, 2006). The price of prescriptions are not determined by production costs or by monies allocated to researching new drugs. Competition, projected volume of sales as opposed to actual sales and estimates of revenue produced by the product are among other factors drive drug prices.
Monday, October 28, 2019
US History-Westward Expansion Wars & Indians Essay Example for Free
US History-Westward Expansion Wars Indians Essay This paper concentrates upon the historical expansion of the USA over the territory of Native Americans, this process as a series of wars was hard and challenging for both sides. At the beginning of the 19th century, when United States were growing really quickly, expanding the territories to the South, there appeared impediment on their way, namely the territories which used to be the native lands of the Cherokee, Greek, Choctaw, Seminole tribes. For white Americans these people were not defending their own lands, they were causing obstacles for the progressive growth, whereas they needed these lands so much for growing cotton, thus were doing everything possible to make the Federal government to submit the territories of Indians. The main reason of these wars is believed to be the colonial interest of the US. Generally historians describe these events using the term Indian Wars conflicts between the USA and Native Americans or Indians. This term also includes the colonial wars, before the United States were created. During the period starting from the mentioned colonial wars till the American frontier of 1890 Indians had to go thought the process of assimilation, dissimilation and were made to relocate to special places, which were later called Indian reservations. â€Å"One scholar has noted that the more than 40 Indians wars from 1775 till 1890 reportedly claimed the lives of some 45. 000 Indians and 19. 000 of whites†¦Ã¢â‚¬ (J. Tebbel, K. Jennison, 11). Generally talking about Native Indians, we have to underline that actually these were not all the same people, there were some formal unites, that took part in the wars, the main decisions about wars and peace were also taken locally, and there were certain leaders of the alliances. One of the examples can be the Iroquois Confederation. Most scholars nowadays state that it would be too simple and not deep enough to consider these wars as just racial wars between Indian people and American people, the fact was that Indians didn’t struggle only with white people, they also fought with Indians as well. The result of the wars was however rather of single meaning, namely the conquest of the United States of Native Americans. The years from 1622 to 1774 are called colonial era for America. This period of time includes the wars between Native Americans and the USA before the Declaration of independence was issued. Colonial powers in North America had to subdue the resistance of the native people, trying to overcome their hostility. The following 70 years were the wars against the United States that were newly formed. The year 1763 is known for the Pontiac’s Rebellion in the territory of Northwest. The main conflict at that moment with Native Americans was the consequence of not giving up of the tribes from Northwest of the settlement in the Ohio valley. The first couple of attempts of white people was not successful enough to defeat the tribes, but in 1794, during the battle of Fallen Timbers General Anthony Wayne was victorious. In 1830 president Andrew Jackson remade the Indian Removal Act into law. The act itself was not s straight order for relocating Native Americans, but it was pushing them to exchange their lands in the eastern part for those in the west. One of the historians Robert V. Remini stated that the deeds of the president could be explained by his intention to keep national security as the main reason, because at that time Great Britain and Spain started to use the Native Americans for the war with the United States. After the year 1815 the US was pushing the Indians to reservations by Mississippi river, and the result of the mentioned policy was the fact that by 1860 most of the tribes had to relocate. Usually that was not done peacefully; there were fights and strong resistance. For example in order to move the Seminole it was necessary to win several wars for the white Americans. â€Å"The most notable Seminole War involved the celebrated Osceola. Similarly the refusal of the Sac and Fox to be removed led to the Black Hawk War in 1832†(J. Tebbel, K. Jennison, 25). During the years 1823 – 1890 the western part of the Mississippi was the territory of hard resistance from Indian tribes against white settlers, the strongest were the Sioux of the Northern Plains and the Apache of the Southwest. In 1864 the battle called the Sand Greek Massacre took place, as the result around 150 persons were killed or injured. â€Å"The Indians at Sand Greek had been assured, by the US government that they would be safe in the territory they were occupying, but anti-Indian sentiments by white settlers were running high. Later congressional investigations resulted in short-lived U. S. public outcry against the slaughter of the native Americans†(Y. Bill, 137). Later on there was a number of another war conflicts, but as soon as in the year 1887 the Dawes Act was issued the new epoch stared, practically the resistance of the Native Americans was finally broken and the U. S. government succeeded in removing them to reservations. Overall, the epoch of the Indian wars is a huge bloody spot in the history of the USA. One the one hand, being guided by the best aim of progress and development the white Americans did their best in order to remove Indians from their native lands, although the cost for it were thousands of people’s lives. It is not necessary to mention that the interests of Native Americans were not much taken into consideration, and their resistance is practically well founded. Sources: 1. M.Norton. A People A Nation Volume One: to 1877, Seventh Edition, 2004 2. Portrait of America: From the European Discovery of America to the End of Reconstruction by Stephen B. Oates, 2000 3. Taylor, Alan. American Colonies: The Settling of North America (The Penguin History of the United States , Volume I) (History of the USA ), 1999 4. Y. Bill. Indian Wars: The campaign for the American West. Yardley, PA: Westholme, 2005 5. M. Schmitt, D. Brown. Fighting Indians of the West, 1966 6. J. Tebbel, K. Jennison. The American Indian Wars, 1990.
Saturday, October 26, 2019
The Basic Informational Macromolecules Biology Essay
The Basic Informational Macromolecules Biology Essay Nucleic acids are the basic informational macromolecules that contributes to the most essential characteristic properties of living system, reproduction and genetic conttrols. Lower and higher molecular weight of nucleic acids are utilized in metabolic and catalytic reactions respectively. DNA(deoxyribonucleic acid) and RNA(ribonucleic acid) are nucleic acid of polymers composed of nitrogenous base either a double ring of purines and single ring of pyrimidine which is further connected to the phosphorylated sugar to make up the nucleotides.The sugar attached with base without phosphate group is called nucleoside.The DNA molecule has sugar 2-deoxyribose and RNA molecule has ribose and every backbone of DNA or RNA chain are linked by covalent phosphodiester bond between 5and 3carbons of two sugars either from 5>3 or 3>5 directions. Phosphate groups are attached at the end of the sugar at 5-carbon and at the 3end ,the hydroxyl group is added.Most probably all natural DNA or RNA polymer extend in a direction of 5to 3end direction.The structures that join the nulceotides together in DNA and RNA are called phosphodiester bonds due the presence of phosphoric acid linkage between the two sugars(fig.1) Fig.1 RNA nucleotides linked by phosphodiester bonds between 3-OH and 5-C. (RNA structure,n.d) Structures of DNA DNA(deoxyrinucleic acid)is the linear of nucleic acids which is composed of four different building blocks of nucleotides and is lack of one oxygen atom at carbon2(fig.2) and as a result it is named as deoxyribose sugar. Fig.2 Structure of DNA. (DNA Structure,n.d) DNA is commonly found in nucleous and scientist called Erwin Chargaff found that DNA has four nucleotide bases namely pyrimidine(cytosine and thymine)and purine(adenine and guanine) (fig.3) Purines: a)                   Adenine A       Guanine G Pyrimidines: b)                   Thymine T Cytosine C Fig.3.Structure of DNA bases. (DNA and RNA Structures,n.d) The total amount of pyrimidine nucleotide bases thymine+cytosine is always equal to the total amount of purine nucleotide bases adenine+guanine.The amount of thymine is always equal to the amount of adenine(A=T)and the amount of cytosine is always equal to the amount of guanine(G ºC).But the amount of adenine +thymine is not necessarily equal to the amount of guanine+cytosine. ( Gupta ,P.K., 2000) The Double Helix Structure By the study of x-ray diffration, Rosalind Franklin and Maurice Wilkens suggested that DNA has a helical structure with a diameter of 20A and 34A distance in the helix(fig.4a). DNA consists of two helix which the two chains are coiled around the same axis to form a right-handed helix and they can be separated from one another only by uncoiling. The backbone of altertnating deoxyribose and phosphate groups are placed outside the helix facing the surrounding water(hydrophilic) whereas the bases are inside the helix(hydrophobic) and are set in a plane at right angle to the long axis.The right-handed DNA forms are called B-DNA having 3.4A distance between the two base pairs and it has 10 base pairs in each turn. DNA can also exist as left-handed and since left-handed DNA follow a zig-zag way,it is called as Z-DNA.The main difference between Z-DNA and B-DNA is that in Z-DNA,one complete helix has 12 base pairs per turn whereas B-DNA has only 10 base pairs per turn. (Gupta,P.K., 2000) Fig.4)a) Structure of double helix, b) DNA structure showing parallel and anti-parallel, c) double helix showing minor and major grooves. (DNA Structures,n.d) In double helix,the two strands of DNA runs opposite in direction ie,5> 3and 3> 5 which means the two strands should be parallel or anti-parallel to make the stabilized structure and hold the two polynucleotides together.There is an interaction of base-pair between the adenine on one strand and a thymine on the other(A=T) and similarly between cytosine and guanine (G ºC (fig.4b) with hydrogen bond two and three rrespectively.These pairing of this two strands creates minor and major grooves on the surfaces of double helix(fig.4c) . In DNA double helix,one strand act as parent strand and the other new strand as template which synthesize complementary daughter strands(fig.5).The double helix is hold together by H-bonding between complementary base pairs and base stacking interaction. (Voet,D. Et al Fig.5 DNA replication. Each strand of a parental DNA acts as a template for the synthesis of a complementary daughter strand. (Voet,D. et al,2006) Structure of RNA RNA(ribonucleic acid) is the second type of nucleic acid found in throuhtout the cell. In case of RNA , it has a sugar and an -OH group at 2 carbon atom(fig.6). Fig.6 Structure of ribose. (RNA Structure,n.d) Similarly, RNA has also four nucleotide bases as purine and pyrimidine(fig.7) except the thymine is replaced by uracil in pyrimidine. Purines:                   Adenine A       Guanine G Pyrimidines:                   Uracil U                  Cytosine C Fig.7 Structures of RNA bases. (RNA and DNA Structures,n.d) Though RNA is single -stranded structure ,when RNA fold back on itself ,by chance or occasional base pairing and hydrogen bonding ,it forms some of a paired helical structure (fig.8) which results in three dimensional structure and they are copmplex and unique. They form intra-strand base pairs from self complementary region along the chain. Fig.8 Base pairing within a single strand of RNA showing a possible folded structure. (RNA Structure,n.d) The information from RNA determines the protein synthesis through the series of translation which involves three types of RNA molecules to perform different functions: 1)Messenger RNA(mRNA)Structure Messenger RNA(mRNA) is a linear sequence of amino acid in polypeptide chain and has longer chain than the reading frame that has to be translated.To begin and end translation , specific start and stop codons are required. Mostly mRNAs has start (initiator) codons AUG that can be served as methionine codon at 5carbon.. Occasionally GUG and CUG can alsobe used as initiator codon in some of the bacterial and eukaryotic mRNA respectively. GUG codes for valine and CUG for leucine to initiate a protein chain. The stop codon are UAA, UGA and UAG and do not code for any amino acid. The stop codon indicates that translation is to be terminated and the ribosome has to be released polypeptide product. The sequence of start and stop codon are called a reading frame. Codon having overlapping information, mRNA can be translated to different reading frames and formed different polypeptides(fig.9). Each genetic code specifies different amino acids and rarely unusual coding occurs. ( Lodish, etal , 1986) Frame 1 5à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ GCU UGU UUA CGA AUU A à ¢Ã¢â‚¬ â‚ ¬ mRNA à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ Ala Cys Leu Arg Ile à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ polypeptide 1 Frame 2 5à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ G CUU GUU UAC GAA UUA à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ mRNA à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ Leu Val Tyr Glu Leu à ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬Ãƒ ¢Ã¢â‚¬ â‚ ¬ polypeptide 2 Figure 9; Multiple reading frames in an mRNA sequence ( Lodish , etal , 1986) 2)Transfer RNA(tRNA) Structure Transfer RNA(tRNA) is an adaptor molecule that serve as a bridge between mRNA and the amino acids leading to the Polypeptide chain.tRNA exists in primary,secondary and tertiary structure. A tRNA molecule is chemically linked to amino acids through a bond forming an aminoacyl-tRNA. The general structure of tRNA is represented by Cloverleaf model(fig.10). The anticodon at the bottom is complementary to the mRNA codon with the pairing of base to it. Due to the presence of mRNA codon and tRNA anticodon, base-pairing is in anti-parallel directions.Amino acids are attached to the acceptor stem at the 3 terminus having sequence CCA and protrudes beyond the 5 end. The dihydrouracil loop(D loop)contained always uracil base and TCG loop has invariant sequence of bases.Variable loop has variation in both nucleotides composition and in length. (Lodish,et al,1986) Fig.10. Structure of tRNA. (RNA-Ribonucleic acid,n.d) 3)Ribosome RNA(rRNA) Sructures Ribosome RNA(rRNA) carries ribosome particles and consists of one small and one large subunit ribosome and protein. The rRNA is the largest structure among the RNAs. Each of the subunits composed of one to three rRNA s types and as many as protein components. Comparing to prokaryotes, eukaryotic cells are larger and more particles whereas the eukaryotes has 40s and 60s with 80s for complete ribosome. Functions of DNA †¢ DNA serve as a storage materials for genetic information in all living cells. †¢ Due to the double helical structure,DNA provides more stability storing more genetic information since the double bond required more force to break up the structures . †¢ DNA is building block of the protein synthesis which takes by the process of Central Dogma relationship.Genetic information from the DNA is transcribed to mRNA carrying the genetic codon and later translated to the polypeptide chain. †¢ DNA provides for long term storage of genetic information due to the presence of deoxyribose sugar at 2carbon,thus preventing the formation of cyclic phosphate ester since hydrogen cannot hydrolysis the phosphodiester bond, whereas 2hydroxyl group in RNA act as a nucleophile attacking the phosphodiester bond and results in less efficiency of storing information. (Lodish, ea al,1986) †¢ DNA act as template or semiconservative.During the replication of double helix,DNA double strsnded DNA that consists of one old (template) strand and one new daughter strand. two ddaughter duced pronew daughter strand.This two new DNA molecules is identical to the parents molecule and this type of conservation of old template strand is called semiconservative. †¢ The major and minor grooves formed during the coiling or wounding of duoble strands provides the reading of protein binding DNA.s ( Lodish, etal, 1986) Function of mRNAs: †¢ mRNA carries genetic information which is transcribed from DNA in a linear sequence of amino acid to a peptide chain. †¢ mRNA carries three codons for a specific amino acids.AUG act as start codon for a specified amino acids at 5 and UAA, UAG and UGA as stop codon or termination of translation. Function of tRNA: †¢ The main function of aminoacyl-tRNA is to recognise the specific codon for the activation of correct amino acids. †¢ tRNA make sure that the amino acid are placed in correct sequence to the growing peptide chain during the interaction of codon with the specific anticodon. †¢ Helps in Abinding the growing peptide chain to the ribosome during translation process. ( Conn, E.E.,1987) Function of rRNA: †¢ rRNA could serve as template RNA . †¢ rRNA with ribosome particles provides shapes and structure during protein synthesis. It also helps in speeding or catalysing the chemical reaction by enzyme called ribozymes. The main difference between the DNA and RNA structures are that DNA has deoxyribose sugar and lack one oxygen at carbon 2,wheraes in RNA has ribose sugar and one -OH group attached at carbon 2. DNA is double stranded in nature ,providing more stability than single stranded RNA. Again one big difference is that the presence of thymine in DNA and uracil in RNA srtucture. The main difference in the function of DNA and RNA is that the DNA functions mainly for the storage of genetic informations and the RNA as transcription and translation of genetic informations. Since the DNA is double helix that wound around the plane of the helix hiding the base -paired inside the helix that prevents from contacting with water(hydrophobic) this base pairing interaction provides more stability to the nucleic acids storing more genetic information.In both DNA and RNA base pairing between G ºC provides more stronger and stable bond than the A=T since it requires more force to break up the three H-bonding of G ºC than the A=T. In DNA , thymine is present and instead of thymine uracil is replaced in RNA .Since thymine contain methyl group , this base act as a protection and moreover methyl is strongly neutral. It is methylated group and methylation newly suppresses the migration of DNA segments. These all reasons provides that DNA is strongly stable than RNA nucleic acid. Again methylation can help in identifying the parental (template) strands from newly synthesized strands in DNA strands. Each of the 3end of the sugar are used to initiate the genetic exchange and this point act as primer for DNA replication. The attachment of more ribosome on mRNA provides high sedimentation rate than the unattached ribosomes which means the polyribosome or polysome complexes are actively synthesizing protein than single ribosomes. (Strickberger,M.W.,1976)
Thursday, October 24, 2019
Blackened Soul :: essays research papers
America is said to be the land of opportunity, the land of freedom. Much of that freedom is used for expression, which most of it comes from writing. Many great writers have been a part of our history, sharing their creative thoughts, ideas, and opinions with everyone. Nathaniel Hawthorne and Edgar Allen Poe are two writers who come to mind. In his stories, such as â€Å"The Minister’s Black Veil†and â€Å"Young Goodman Brown,†Hawthorne shows how he believes that man is always living in denial of their true condition, and that pride keeps them separated from everyone, including God. Poe, on the other hand, expresses his ideas of mankind in a slightly different way. In two of his pieces, â€Å"The Tell-Tale Heart†and â€Å"The Black Cat,†Poe explains in a dark manner how humans have a conscience with two sides, the â€Å"life instinct†and the â€Å"death instinct.†Seeking to do violence is what the so-called â€Å"death instinctà ¢â‚¬ does, and Poe was the first to ever believe this. Both authors have attempted to describe the darker side of human nature. Many questions arise when reading Poe and Hawthorne’s pieces, most of which can only be answered through analysis. Nathaniel Hawthorne’s story â€Å"The Minister’s Black Veil†is a great example of humankind’s struggle with evil. This story revolves around pride, which is an inherent evil of humans, as Hawthorne believed. The black veil worn by Reverend Hooper represents the evil of humans, which essentially separates people from everyone, including God. Hooper decides to teach the people this very fact by wearing a black veil over his face. To show the people that they are prideful and sinful becomes a trickier task than he believed. The people responded in a frightened manner, such as Goodman Gray who, on page 104, cried, â€Å"Our parson has gone mad!†This clearly shows that Gray, along with the other people, missed Hooper’s point in wearing the black veil. But the congregation wasn’t alone in their misinterpretations, and soon Hooper realizes that he needs to be taught himself, so he believes that he must wear the veil for the rest of his life . He realizes his mistake when, on page 107, it says, â€Å" At that instant, catching a glimpse of his figure in the looking glass, the black veil involved his own spirit in the horror with which it overwhelmed all others.†He finally realizes he is just like the rest when he noticed his reflection with the veil covering his face. Blackened Soul :: essays research papers America is said to be the land of opportunity, the land of freedom. Much of that freedom is used for expression, which most of it comes from writing. Many great writers have been a part of our history, sharing their creative thoughts, ideas, and opinions with everyone. Nathaniel Hawthorne and Edgar Allen Poe are two writers who come to mind. In his stories, such as â€Å"The Minister’s Black Veil†and â€Å"Young Goodman Brown,†Hawthorne shows how he believes that man is always living in denial of their true condition, and that pride keeps them separated from everyone, including God. Poe, on the other hand, expresses his ideas of mankind in a slightly different way. In two of his pieces, â€Å"The Tell-Tale Heart†and â€Å"The Black Cat,†Poe explains in a dark manner how humans have a conscience with two sides, the â€Å"life instinct†and the â€Å"death instinct.†Seeking to do violence is what the so-called â€Å"death instinctà ¢â‚¬ does, and Poe was the first to ever believe this. Both authors have attempted to describe the darker side of human nature. Many questions arise when reading Poe and Hawthorne’s pieces, most of which can only be answered through analysis. Nathaniel Hawthorne’s story â€Å"The Minister’s Black Veil†is a great example of humankind’s struggle with evil. This story revolves around pride, which is an inherent evil of humans, as Hawthorne believed. The black veil worn by Reverend Hooper represents the evil of humans, which essentially separates people from everyone, including God. Hooper decides to teach the people this very fact by wearing a black veil over his face. To show the people that they are prideful and sinful becomes a trickier task than he believed. The people responded in a frightened manner, such as Goodman Gray who, on page 104, cried, â€Å"Our parson has gone mad!†This clearly shows that Gray, along with the other people, missed Hooper’s point in wearing the black veil. But the congregation wasn’t alone in their misinterpretations, and soon Hooper realizes that he needs to be taught himself, so he believes that he must wear the veil for the rest of his life . He realizes his mistake when, on page 107, it says, â€Å" At that instant, catching a glimpse of his figure in the looking glass, the black veil involved his own spirit in the horror with which it overwhelmed all others.†He finally realizes he is just like the rest when he noticed his reflection with the veil covering his face.
Wednesday, October 23, 2019
International Business Essay
1. Summarize the globalization debate. What are the major interest groups in the world economy? How are they affected by different elements of globalization? 2. Who benefits and who loses from a shift in jobs to low-wage economies? Consider this question from the perspective of consumers, labour, technological change, firms, nation-states. Are the net benefits likely to be positive? 3. Identify and evaluate the sources of conflict between pressures on companies to operate globally and the desire of governments to regulate companies and activities within their borders. 4. Account for the existence of counter trade in the world economy and explore the view that its influence will continue as a solution to the problem developing countries face when attempting to export to western markets? 5. Analyze the likely impact on domestic markets of import restrictions via tariffs and quotas respectively. Discuss the dynamic side effects that can arise from import protection. 6. In the light of the strategic significance of price discrimination between cross-border markets to firms, evaluate the merits of anti-dumping measures. 7. Outline the static and dynamic effects of a customs union and explain why regional integration blocs composed of small economies are unlikely to be economically beneficial. 8. Evaluate the advantages and disadvantages of the joint venture over licensing as a foreign market entry mode. Describe scenarios when licensing might be the preferable one of the two entry modes. 9. International franchising is often regarded as a low-risk foreign market entry strategy. Does this view fully reflect the attraction of international franchising as a market entry mode? 10. Under what circumstances would a BOT system make sense as an international marketing strategy?
Tuesday, October 22, 2019
buy custom Statutory Interpretation essay
buy custom Statutory Interpretation essay 1.0 Introduction According to the Harris Clay, the Law Professor at the University of Minnesota, statute is defined as officially documented enactments of a parliament or any other supreme legislative authority that comprehensively govern a country, a city or a state. Unlike the case law, the statutes declare a policy, prohibit or command something within the area of its jurisprudence. These legislations -referred to as black letter law- guarantee the rule of law in various countries. As such, statutes are widely regarded as the sole authority and the primary sources of constitutional law hence remain fundamental component within the judiciary and systems of justice (Cruz, 2009). Statutes are the most important tool of governance without which a democratic country cannot function to the optimum. Furthermore, they not only provide an elaborate legal framework necessary for the routine administration of a country but also lay down elaborate constitutional guidelines for making important decision that a ffect the country as a whole. 2.0 The Significance of Statutory Interpretation Statutory interpretation as explained by Andrew Mitchell in his book, Rules and Approaches to Statutory Interpretation, refers to a process by which judges applies and interpret the provision of an Act of Parliament when a case comes before them (2009, p. 53). For the purposes of their proper implementations, legitimized enforcements and further applications, the statutes must be accurately interpreted by competent legal experts within the Supreme Courts. Nevertheless, getting the exact meaning of the various contents of the statutes has posed a lot of challenge due to the following reasons. a) The statutes are usually complex due to the use of technical and legal language that could not be readily understood by the ordinary mass. In cases where more than one draftsman are involved in putting legislative statutes into the documentary records for the purposes of future reference, there would be high chances of incoherence under the same section. These forms of inconsistencies could only be identified and further clarified by legal experts. b) In most cases, the statutes are drafted in the present context thus fail to forecast and anticipate the future situations that are brought about by unforeseen changes, new cultures and technological advancements. As such, the statutes significantly fail to offer comprehensive provisions to all situations that would arise in the future. The judges need to interpret the statutes in bid to address existing gaps in law that were not originally covered by the statutes. c) The statutes are popularly known to contain numerous indeterminate terms and words that bears various meaning. This phenomenon renders the statutes vague and ambiguous and its intent cannot be clearly established. Therefore, different parties will tend to successfully manipulate the meanings of such statutes in their favor while advancing their arguments in the court of law. d) There are higher chances that some parts of the newly enacted statutes can also contradict the existing statutes either partially or entirely on any given matter that overlaps into more than one statute. 3.0 The Rule and Approaches to Statutory Interpretation There are a number of rules and approaches that judges of the Supreme Court use as a standardized guideline in interpreting how a given statute could be applied in a related court case. These sets of systematic rules and comprehensive approaches ensure that the intents of the statutes are accurately accrued without any constitutional lapse. The judicial systems place a lot emphasis in this process because it is the only sure constitutional avenue through which the indiscriminative rule of law could be realized. This section discusses the Literal, Golden nd Mischief rules of the statutory interpretation as well the major approaches to statutory interpretation. The main approaches of statutory interpretation revolve around the traditions of the civil and common law (canons of construction). Grammatical/ literal interpretation of statutes is the commonest. The Supreme Court will be tasked with the responsibility of ascertaining the meaning of a particular statutory provision. This usually requires deciphering the meaning of the key terms. The civil and common law judges will usually have a duty to apply a particular legislative enactment strictly, if the meaning of the statute appears to be clearly defined. If only one construction is possible, the next question is whether the court is bound by the words as formulated, or whether there is some basis for changing the literal meaning. As Cruz and Malleson (1999) would put it, The perimeter of the field of jurisprudence in traditional jurisprudence is characterized by the plain meaning rule on the one hand, and reasoning by analogy on the other. The legislative history approach seeks to ascertain legislative intention by embarking on research into the legislative history of the statute, which is often referred to by the French term tarvaux preparatoire. This category of the statutory approach is pursued very much more in civil law countries than the common law jurisdictions. Most notably, the common law statutes are not, strictly, supposed to the construed in accordance with their particular legislative history. Thirdly, the teleological approach is the last approach to statutory approach that seeks to interpret the legislative text within the context of the contemporary conditions. It presupposes the need to extend the application of a legislative provision beyond the scope of prior legislative intent and to adapt it to rapidly changing social and economic conditions. Teleological approach is regarded as the only legitimate form of statutory interpretation. However, this approach of statutory interpretation has a number of challenges in its use. It cannot be used to reach conclusion directly as in the case of logical or grammatical interpretation hence it can only be used where there are numerous possible interpretations on a particular statute. 3.1 LITERAL RULE This is the most common approach of interpreting a statute. It gained much popularity in the first quarter of the 19th century. The literal rule operates on the principle of interpreting statutes based on the contemporary literal plain meaning of the words used therein. The plain ordinary word meaning rule has proven very useful in cases where the intent of the Parliament in the process of making the enactments could not be easily determined due to consistencies between the newly legislated Act and the existing enactments within same area of legal domain. If the words are precise and pointing, then the judges can accrue the meaning of the statute from the ordinary meanings of the words. The interpreting judges assume that the intent of the law makers is directly pegged on the wordings of the statute (Dorsey, 2009). The literal rule of interpreting statutes is liable to a lot of absurdity on the mere basis that the meanings of the complex statutes are restricted to mere words which are the most imperfect and unreliable symbols of relaying intent of the Parliament or any other legislative authority over a period of time. It is most notable that 40% of the legislations interpreted under this category of approach are highly erroneous, misleading and inconsistent with other related legislations. In his observation, Tobias Dorsey maintains that Literal rule could not be independently used to help unearth the hidden rightful meaning of legislation but in combination with other approaches. Consider the 1836 scenario of R v Harris to illustrate the greatest limitations of the Literal Rule. The legislation categorically stated that it was only an offense to cut, wound or stab anny person. If Harris bit the complainant on the ear lobe then he would be acquitted because he neither used any instrument such as knife nor did any of the acts mentioned in the act (wound, cut, or stab) but his teeth to bite. Does this mean the acquitted is not guilty of the offense? Dorsey laments that the plain meaning rule is highly subjective and gives judges room for laziness. The technique prohibits justice within the judicial systems. 3.2 THE GOLDEN RULE This is a hybrid of the Literal Rule and the contextual parameters of the legislation. The Golden Rule operates on the principle that the proper meaning of any legislation can only construed from its ordinary plain words on condition that there is no absurdity, and inconsistency or repugnance with the rest of the Act. However, in the event of any absurdity, the Golden Rule demands that the grammatical and literary meaning of the words could be subjected to a constructive modification so as to eradicate the imminent inconsistency. In general, the Golden Rule functions in two phases. The literal rule is first applied and should there be any absurdity, the Supreme Court will opt for a different approach with the sole intentions of avoiding the absurdity or ambiguity. Such available mechanism would include modification of the grammatical words to bring out the rightful intent of the legislative authority. In the long run, the statute is accurately interpreted not only literal meaning of the words used but also on the legislative context under which the enactment was made. The combination of the two approaches (literal rule and the context rule) in the golden rule made it less erratic in interpreting statutes compared to the unilateral literal rule. Under the Golden Rule, the judges of the Supreme Court make much reference to the common law (canons of construction) in their attempts to interpret various statutes. Before the actual meaning the enactment is reached, the judges will review the historical context upon which the legislative authority passed the bill into a statute. The Golden Rule remains a perfect model of the legislative history approach. 3.3 THE MISCHIEF RULE The Mischief Rule is also referred to as the Mischief Policy. In the course of interpreting the statute, the Supreme Court will first of all brings into sharp focus the nature of the common law that existed before the statute was legislated, any serious lapse (loopholes and shortcomings) of the common law that hindered it from offering justice, and finally the legislative mechanism that the parliament attempted to provide in bid to offer a lasting solution to the mischief (loopholes and shortcomings of the preliminary enactments). The Mischief Policy will compel the presiding judges of the Supreme Court to do a thorough background information search into a particular legislation before its eventual interpretation. After the court has established the mischief, taken as the main weaknesses, of the previous common law(s) that prompted the legislative authority to come up with the existing legislations, it could now interpret the legislations with due precision and accuracy. So far, the mischief rule is the only outstanding approach that could accurately interpret the legislation with very minimal error. 4.0 Conclusion In conclusion, interpretation of the statutes is very important function of the Supreme Court. It ensures that various enactments written down in technical terms are accurately simplifies or interpreted for effective enforcement. The main approaches of statutory interpretation revolve around the traditions of the civil and common law. The popular approaches employed in the interpretation of various controversial enactments include Grammatical/ literal, the legislative history; teleological approaches. These highlighted approaches are guided by the literal rule, the golden rule, and the mischief in their quest to interpret legislative statutes. Buy custom Statutory Interpretation essay
Monday, October 21, 2019
Organizational Fad or Fantasy Example
Organizational Fad or Fantasy Example Organizational Fad or Fantasy – Assignment Example ï » ¿ In your opinion, are teams an effective way for organizations to manage work and get the most out of their employees? Teams are critical in influencing organization performance in two ways; teams can help an organization to achieve incredible results or a team that does work may cause disruption of failure to the organization goals. In this sense, a team would enable an organization to achieve a given goals when its constitution reflects on the perspective of the organization. Conversely, team management has similar features to those observed in an organization. In essence, teams are effective ways that an organization can use to manage its employees. The process of constituting a working team should evaluate the employees who intend to work under the banner of a given team (Ashkanasy, et.al. (2000). This process does not only influence the ability of the team to perform, but also manageability of the team. In most cases, the composition of a team considers the following the skills of the team and the task which the team should perform. Critics have observed that organizations, which have embraced the teamwork attitudes, do not only achieve a given task, but enables their employees to advance their visibility in the organization (Hayes, 2002). When management anticipates delegating some of its duties, the best way to introduce the above is through creation of teams. While delegation enables the management to offer opportunity to leaders and some employees to release their leadership abilities, delegation is effective when working in teams. Teams enable management to influence the behavior of its employees. Large organizations usually develop structures in which various departments work towards meeting a given target. In this sense, the organization delegates the duty to the team leaders. Working within these teams enables the firm to monitor the activities or the behavior of its employees. Conversely, some critics have observed that teams may not deliver the objective of the firm when they do not have specific mission to accomplish. In some cases, some employees may resist the formation of teams. Ideally, many firms develop teams and abandon them after accomplishing a given task. However, some critics have noted that teams tend to be successful when the management and the team coordinate their activities (Lipton, 2002). The management should monitor the activities of the team as well as the motivating it. This enables the team to build the team spirit that is essential in accomplishing the objectives of the firm. Employees tend to demonstrate a sense of belonging. This attribute is critical because it influences individual ability or reaction towards a given action. It is arguable that teams enable employees to work as a group as well as sourcing information from the management. Since teams comprises of a given number, identifying the problems or challenges facing a team is quite easy (Harvard Business School Press, 2010). This enables the employees to express their views in relation to the task they perform. In conclusion, teams may enable an organization to achieve incredible result when its composition considers the tasks and the ability of the employees composing the team. References Ashkanasy, M. N. et.al. (2000). Handbook of Organizational Culture and Climate. London: SAGE. Harvard Business School Press. (2010). Managing Teams. Pennsylvania: Harvard Business Press. Hayes, N. (2002). Managing Teams: A Strategy for Success. New York: Cengage Learning EMEA. Lipton, M. (2002). Guiding Growth: How Vision Keeps Companies on Course. Pennsylvania: Harvard Business Press.
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