Sunday, June 9, 2019
Cyber-bullying Research Paper Example | Topics and Well Written Essays - 1500 words
Cyber-bullying - Research Paper ExampleThis is as well done through schoolbook mess come ons and emails which ar forwarded throughout the social circuit. Another form of cyber bullying is sexting which is getting popular with the increase in use of mobiles phones that have imbedded cameras in them. Generally this is park with girlfriends sending pictures to their boyfriends via multimedia messages. But what these teenage girls do not realize is that there atomic number 18 legal implications to this. After break ups these boyfriends can use these pictures to force or embarrass the sender. Cyber bullying is a psychological disturbing form of social cruelty among young mass (Jaishankar 2011). Cyber bullying is increasing at a high rate with the increase in the use of technology comparable cell phones and computers. The ways in which bullying can take place are also increasing because young children who have access to technology invent various ways to harass other young children. Social networking sites also prepare a forum to these cyber bullies as it is a safe medium through which they can easily commit the crime of cyber bullying without the fear of being caught by the other person. In spite of all this social networking websites cannot be held accountable for any kind of hate speech that is posted on their websites. Cyber bullying has increase the number of suicides committed by teenage boys and girls. Some of these youngsters cannot take in the embarrassments and harassments they are being subjected to and hence fall prey to this act. The mention of cyber bullying at one time brings about a debate of how strongly governments should act against cyber bullying and whether new acts of laws be implemented against it or not as most of the culprits involved are juvenile. Many states in America have already implemented laws against cyber bullying. The state of moment had no made against the crime of cyber bullying until the suicide of a 13 year old girl Me gan Meier in 2006. It was then that the state realized that it cannot persecute the culprit because cyber bullying was not against the law at that time. It was after this resultant that Missouri legislature and governor passed a new law that cyber bullying is unlawful harassment by electronic means of communication. This new law also requires the schools and colleges to make a written policy to report any such harassment, which includes not only cyber bullying but other kinds of felonies as well like stalking, to the local police. Now this crime is a class A misdemeanor. According to this new law the act of cyber bullying remains a class A misdemeanor unless 1) committed by a person twenty-one years of age or older against a person seventeen years of age or younger or 2) the person has previously committed the crime of harassment (Internet law-Missouri Governor signs cyber-bullying bill into law. Web. 2008). After the case of Megan Meier, Missouri was not the only state that took t his under consideration and made new laws in order to prevent people from getting harassed in this way. on a lower floor this law the offender is penalized if he or she is caught harassing or recklessly frightening an underage. Cyber bullying is a crime which is generally committed by young people mostly teenagers, and are committed against teenagers as well. The under eighteen children come under the juvenile category so are tried more leniently then the adults. The laws for juvenile offenders are much
Saturday, June 8, 2019
Hate Crimes Essay Example | Topics and Well Written Essays - 250 words
Hate Crimes - Essay ExampleThese prejudices are not inborn but rather they are a result of the prejudices which children are exposed to through their families, friends, teachers and the media. This prejudices and biases lead to various stereotypes of different groups. Even the parenting style and personality factors were found to have an effect on the offenders of abhor crimes. Creating a stereotype image of a certain group often lead to bad judgments.Hate crimes can be prevented if even at an too soon(a) age, children are taught that not all people are alike, that each one is a unique person. As such, individuals must learn to respect and accept the multifariousness of people in communities. Bias and prejudices may not be totally eradicated but they should be kept at a level which does not unfold into hate so as not to lead to violent crimes. Tolerance of other peoples differences must be instilled in children at an early age.The government has led the way in preventing hate cr imes by making policies and regulations which prevent racial discrimination and promote equality especially in the workplace. governing should provide economic opportunities to minority groups since it is believed that there is a link between economics and hate crimes. Local community leaders must be more aware of the presence of extremist groups who are tremendously prejudiced against certain groups.Reading the chapter makes one think whether hate crimes can be prevented or at the very least, be minimized. Another question is whether there is a way of detecting a person who will most likely commit a hate crime and if detected, can he be swayed into doing otherwise? Is there a way of controlling or limiting ones prejudices and biases so as not to move one from committing a hate
Friday, June 7, 2019
The play A Doll House Essay Example for Free
The play A Doll House EssayA Doll HouseIntroduction From the play, A doll house, it is clear that there is imbalance of power between Nora and her married man Helmer. The husband goes to work and earns for the family while the married wo domain is left at home to do the chores. This brings about the theme of gender inequality. It is similarly clear that the writer puts more emphasis on the looks of Nora than those of her husband this shows how the society views men and women differently. The husband is also displayed as being questionable about how the wife is spending the money on gifts even without considering that its Christmas time and they can now afford it from the salary he is getting. If Nora had not been that beautiful, may be Helmer would not set out married her. The writer of this book emphasizes much on gender inequality, there is also the aspect of the very many lies that couple keep in their marriages in order to keep them alive which in most of the cases end up being the reason for the separation. There is also the aspect of man eat man society, Krogstad uses Nora in order to retain his job threatening her for a favor he had done a long time ago. At the end of the play, Nora feels her husband had taken her like a doll only to be admired for its beauty and that he did not trust her and therefore she left. The economic factors have in truth affected the society in a doll house especially the women to an extent of their ideas and choices about their marriages.Nora illegally borrowed money for the trip that she and Torvald took to Italy she told Torvald that the money had come from her father. For years, Nora reveals, she has worked and deliver in secret, slowly repaying the debt, and soon it will be fully repaid. This money was borrowed through Krogstads help and when Helmer wanted to sack him,he asks Nora to use her influence to encounter that his position remains secure. When she refuses, Krogstad points out that he has in his possessio n a contract that contains Noras forgery of her fathers signature. Their conversation reveals that the two had been at once deeply in love, but Mrs. Linde left Krogstad for a wealthier man who would enable her to support her family. She tells Krogstad that now that she is free of her own familial obligations and wishes to be with Krogstad and care for his children.ReferencesIbsen, Henrik, Rolf Fjelde, CalistaFlockhart, Tony Abatemarco, Tim DeKay, Jeannie Elias, Gregory Itzin, JoBeth Williams, Rosalind Ayres, and Susan A. Loewenberg.A Doll House. Venice, Calif. L.A. Theatre Works, 2012. Internet resource.Source document
Thursday, June 6, 2019
World history Essay Example for Free
World history EssayWorld history, global history or transnational history ( non to be confused with diplomatic or international history) is a field of historical study that emerged as a distinct pedantic field in the 1980s. It examines history from a global perspective. It is not to be confused with comparative history, which, like world history, deals with the history of multiple cultures and nations, but does not do so on a global scale. World History looks for common patterns that emerge across all cultures. World historians use a thematic approach, with two major focal points integration (how processes of world history have drawn people of the world together) and difference (how patterns of world history reveal the miscellany of the human experience). History (from Greek historia, meaning inquiry, knowledge acquired by investigation It is the study of the past, specifically how it relates to humans. It is an umbrella term that relates to past events as well as the discove ry, collection, organization, and presentation of information about these events.The term includes cosmic, geologic, and organic history, but is often generically implied to mean human history. Scholars who write about history are called historians. Events occurring introductory to written record are considered prehistory.History can also refer to the academic discipline which uses a narrative to examine and analyse a while of past events, and objectively determine the patterns of cause and effect that determine them. Historians sometimes debate the nature of history and its usefulness by discussing the study of the discipline as an end in itself and as a way of providing perspective on the problems of the present.
Wednesday, June 5, 2019
People and IT Essay Example for Free
People and IT EssayBoth employees of organizations and managers are today increasely concerned about the capacity of organizations to adapt to rapidly changing environmental conditions. The count of shift in the technological, economic, political, and sociocultural environments is picking up speed, and organizations are, therefore, finding it more(prenominal) and more important to figure out how to adapt.What is happening in a flake of organizations is more fundamental still, however, in that either what the organization does is fundament each(prenominal)y dependent on in organic law technology and/or its capacity to compete with former(a) organizations in the field is fundamentally affected by the call made of information technology (IT). Ever since at least 1958, when Leavitt and Whisler (1958) predicted that the use of IT would lead to the demise of snapper management, researchers flummox speculated about the effects of IT on organizations.Even though many of the ear ly predictions have not come true, new kinds of information technology are now increasingly affecting how people work, often in ways that we are just beginning to understand. As the cost of the underlying technology continues to drop, IT is approximately certain to become more and more pervasive and whitethorn even make possible new kinds of work organization that we rout out as to date only barely imagine. This work discusses the relationship between the use of IT and people.The paper reviews theories that can help analyze organizations, technology, and the link between the cardinal. It too reviews the results of empirical studies of the use of IT to determine what changes have been made in the past and can be expected in the future. Our goal here is both to predict inevitable impacts and to go out possible outcomes, both good and bad. Our ability to develop technology itself is probably more advanced than our theories of organizations, but our discretion of the uses of te chnology is probably behind our understanding of organizations.It is still difficult to identify the relevant dimensions of technology or to measure it, although it is kick the bucket that there are large differences between, for example, person-to-person computers and mainframes. The task to which the IT is applied besides makes a difference. For example, a payroll dust has greatly varied functions and is likely to have different effects than an electronic mail system does. An early gross prediction was that the widespread use of IT would replace most routine workers, consequently ca employ massive unemployment, and in fact, systems have often been cost justified on the basis of reducing the number of employees.For instance, Lee (2000) cited a study of 33 companies in which 90 percent cut the number of employees (one company laying take away thousands of workers) or change magnitude their output with the same number of staff. The prediction of an ov termll reduction in emp loyment due to the use of IT is difficult to support empirically, however, as most studies have, examined only a few warms or a few industries, and more comprehensive census information are difficult to interpret unequivocally. Furthermore, other factors whitethorn more strongly affect employment, thereby masking the effect of using IT.In fact, it is interesting to note that IT may, in some cases, increase sooner than decrease employment. For instance, Barney, Fuerst, and Mata (1995) describeed several means by which the use of IT may affect clerical employment. First, computers might be used simply to replace clerks. Second, the use of IT may itself create some new line of reasonings, much(prenominal) as that of data entry clerks or positions in the data-processing department. Third, the use of computers may make the firm more efficient, increasing the demand for its products and thereof indirectly its total level of employment.Finally, coordination may be viewed as a complem entary input in the end product process. For instance, if IT makes coordination more telling and less expensive, the demand for coordination and therefore for both IT and the clerks who provide it may increase. This analysis holds only for coordination functions, however, suggesting that clerks employed in end product functions are more likely to be displaced by the use of IT. The total effect of using IT on the employment of managers may be less, as fewer managers are involved in proceeds than in coordination.The jobs of most managers are so far less affected by the automation of return functions than are those of clerks. In this case, the smaller number of production workers and the unchanged number of managers and other coordination workers indicate that the administrative intensity (the ratio of administrative to production workers) may actually rise if IT is used to automate production functions. The use of IT would affect the jobs of workers in production more than those in coordination, again increasing administrative intensity. A number of studies agree with this general prediction.For instance, Kudyba and Hoptroff (2001) found that an increased use of computers is associated with higher levels of administrative intensity. One of Kudyba and Hoptroff (2001) original predictions is that the number of levels of hierarchy in organizations will decrease as computers are used to perform the functions of those snapper managers. So far, however, there is no conclusive evidence that this prediction has been realized. Changes in levels of hierarchy seem to depend on the way the IT is used, and different studies have describe opposite findings.U. S.Department of Commerce (1998), for example, discussed firms that are reducing bureaucratic functions with computers and thus trimming the number of levels of hierarchy. Another commonly discussed possibility is that centralizing decision fashioning is inherently desirable to managers and that decentralisation takes place only because no single person can control the necessary resources (e. g. , information, employees) because of limitations in humans information-processing capacity. These constraints force managers to portion control over some decisions in tack to focus on more important issues.The use of IT may lessen these constraints in two ways first, by providing easier access to and facilitating more complete analyses of data regarding the firms operations and, second, by providing a mechanism to program jobs and to control workers. The use of IT may thus lease decisions to be made at a higher level and ensure their implementation by subordinates. Alternatively, a manager may want to encourage the decentralization of decisions in order to increase workers autonomy. Some authors have predicted that IT will encourage greater participation in decisions by lower-level workers.IT provides ways to control the premise of the decision, by allowing more equal access to data or by arbitr ary the way in which a decision is made, and to monitor the results, by providing quicker feedback. accustomed the ability to ensure that decisions are made consistent with their wishes, managers may be willing to delegate the actual decision. Systems used to provide individual support may also encourage decentralization, as they enlarge an individuals capacity to analyze data or enforce the use of common decision analysis tools.IT can also support lateral ties between low-level workers, allowing them more easily to exchange information and thus coordinate their own activities. Another possible impact of using IT is the development of more differentiated or segmented jobs. Differentiation is difficult to define or measure precisely. Researchers in this area have measured, for example, the number of job titles used in a given organization or the number of different departments. It seems certain that using IT will require some new jobs and departments, much(prenominal) as a data-pro cessing or telecommunications radical, if only to manage the complex technology.Using IT in newspapers did lead to the creation of new specialties, such as data-processing manager. It is less clear how using IT will affect other functions in an organization. IT could lead to a reintegration of some tasks (e. g. , handling all aspects of issuing a letter of credit, instead of a single step in a multistep process). Such a reintegration would minimize the differentiation between jobs or departments. Or a higher level of functional specialization could raise the degree of differentiation.The use of IT can affect the level of formality in an organization in many ways. Most older centralised transaction-processing systems are inflexible. Because such systems can do things in only one way, rules are needed to limit actions to this process. The system itself embodies many rules about how the job should be done, again substituting the use of rules and regulations for individual decision mak ing. A system may also make it easier to spot errors and identify their sources, thus further controlling work.Using IT may encourage the evaluation of outcomes instead of process and make the enforcement of rules both easier and less necessary by more quickly providing feedback about the outcomes of actions, thus decreasing formality. Finally, because smaller organizations are typically less formal, IT may lessen formality by reducing organisational size. The use of IT for individual support or for communications may well have different effects. On the one hand, using telecommunications to allow workers to work at home resulted in less personal interaction and therefore more formal evaluations.On the other hand, using IT could lead to less formalized interactions. IT can affect the pattern and content of organizational communications in many ways. First, the use of IT may lead to changes in the structure of an organization, leading to new patterns of communication or changes in the content or quantity of existing kinds of communication (U. S. Department of Commerce 1998). Integrating jobs, a possible outcome of using IT, can lead to fewer needs for communication, as a single person can do the job with no need to communicate with co-workers.For example, storing transaction data in a commonly approachable data base may make requests for information unnecessary. Such changes may also affect the level of social interactions. Some researchers claim that by incorporate tasks, the use of IT eliminates the need and opportunity for workers to interact. For example, Ahituv and Giladi (1993) in a study of using electronic mail, discovered a decrease in the amount of face-to-face communication. complaisant isolation will be further increased if workers can work at home instead of in an office.On the other hand, the use of IT can lead to more frequent personal contacts, suggesting that different uses of IT will have very different effects. Second, IT may be used to prov ide new media for communication, such as electronic mail or computer conferencing, again leading to new patterns of communication. These kinds of systems have been somewhat more heavily studied, and some important characteristics of these systems have been identified. For example, computerized media may be preferable to other kinds of communication because they can be faster and cheaper.Furthermore, computerized communication has a low incremental cost per message that is, it cost the sender about the same to send a message to one person as it does to two if the system supports mailing lists, it may be as easy to send mail to hundreds of people, specifying only the name of the list. This form of bulk mailing eliminates the need for secretaries to duplicate and mail multiple copies of memos. Finally, electronic mail or conferencing are asynchronous Only one of the recipients needs to be present at a time, making communications easier to arrange (e. g. , across time zones).By thus red ucing the cost of communications, IT may make coordination less expensive, with the possible results just enumerated. Such uses of IT will be necessary to allow organizations to deal with the more complex and more turbulent post-industrial environment, with more available information. The ability to address communications by other than the name of the recipient (e. g. , to a mailing list for electronic mail or to a specific conference for computer conferencing) means that a sender may not know the person with whom he or she is communicating, but only the area of interest.Computers can be used to support this sort of communication. By providing new communications channels, computerized media may facilitate the formation of weak (acquaintance) ties. People become aware of one another and one anothers work, even though they have not met in person, thereby suggesting that the computer system allows these contacts to develop more easily. Easier formation of weak ties may also lead to a s hift from hierarchical to all-channel communications in companies.Some studies have shown an initial increase in vertical communication, followed by a shift to more evenly distributed communications as new horizontal links are organise and the formal reporting system begins to decline in (relative) importance. One way that IT can affect the vertical distribution of power in a firm is by changing who has access to information. For example, a computer system may provide an easier way to monitor the results of subordinates actions and to speed the flow of information upward in the company, thus centralizing power.IT can also be used to decentralize, thus moving power down in the organization. For example, a universally accessible data base can reduce top managements monopoly on companywide information. The use of IT may thus change the basis of power by making information a less scarce resource. To the extent that vertical power is thereby equalized, other sources of power will become more important. The use of IT can also change the balance of power between groups at the same organizational level of a firm.For example, a common computer system may lead to greater data sharing and thus power equalization between groups at the same level. This cooperation may then lead to greater coordination, allowing better performance, as the two groups can jointly optimize, rather than each trying to do the best it can alone. As we mentioned, using IT can greatly increase the power of the group that controls the technology. IT may become critical to the firms operation most banks, for example, would be completely unable to function if their computer systems failed.The group controlling the computer systems may also control access to data, a potentially scarce resource. The IT group thus may be in a position to mediate between other groups, for example, by setting corporate standards for computer equipment or software, thus defining the functions available even to users of per sonal computers. In the information-processing view, IT has a major effect, by providing cheaper coordination and thus making coordination-intensive forms more practical.A company might take advantage of economies of scale by creating larger functional departments, using IT to provide the necessary coordination among different groups. For example, different divisions of a company could all use data stored in one centralized data base, rather than each having partial information or passing information among themselves. Alternatively, a company could use marketlike structures, again coordinated by using IT. Airlines, for example, now provide an electronic marketplace for selling tickets. The era into which we are now entering will see qualitative changes wrought by information technology.No longer will information technology be simply overlaid onto existing business it will now be used to restructure the enterprise. This restructuring is taking place between as well as inside organiza tions. The boundary between customer and supplier is becoming difficult to define as electronic integration blurs the distinction. Within organizations, distinctions between information technology and production technology and between information workers and production workers are becoming increasingly difficult to maintain. The electronic communications system occupies the critical path.Communication by electronic means is essential to interorganizational integration and can proceed only at the pace permitted by communication technology. As we have seen, there appear to be few inevitable results of the use of IT and many possible outcomes, depending on factors such as the organizational context, the type of IT used, and managements motivations. Furthermore, the effects of IT are not deterministic equivalent systems can and do have widely different effects, depending on the particulars of the organization and the intentions of the managers who deploy them.IT has come to play an imp ortant role in virtually all large successful organizations in relation to computerized accounting systems, word processing, filing information in databases, modelling the future of the business through spreadsheets, maintaining stock control, and so on. But most of this would only indicate that IT was an important service function like personnel or accounts. Even so, it is worth pointing out that in order to compete on equal terms with other firms performing with equal efficiency and economy IT has become an essential tool of modern management.
Tuesday, June 4, 2019
Can War Be Abolished? Theories and Causes of War
Can War Be Abolished? Theories and Causes of WarCAN WAR BE ABOLISHEDIntroductionAccording to the Clausewitz War is a mere continuation of the policy. So the question a acclivitys can the policy be abolished? Or is war inevitable? and we may find no simple issue to these questions. War is defined as a violent action in which one side i.e. State A endeavours to impose its will on the another(prenominal) side i.e. State B through the use of force. In modern times non render actors and terrorists ar also seen inviting the wrath of a state or certain states coalition. There is no single agreed upon definition of war and no two wars atomic number 18 ever quite similar in opponent forces, objectives and gains. Before we d intumesce any further in an attempt to answer the aforesaid question it is deemed pertinent to analyse the theory of war and its root causes. entirely then we shall be able to seek the true answer to our question whether the war can be abolished and if so under what conditions and circumstances.Theories of WarWar is a complex societal phenomena rather than unchangeable human nature. History of war is as old as the recorded memoir of mankind on this planet, only when according to war analysts this does not make it law of nature. According to Clausewitz concept of Trinity, military component of nation is a non-rational actor and subjected to political leadership in whose domain lies the rational decision making process. After the introduction of Nuclear Weapons in WW II concept of warf are has been drastically altered. The enormous destructive place of this cause of weapon, which can wipe out the human race from this planet, has set such a immobile deterrence that many wars have been averted oddly among the nuclear weapon states. In Bernard Brodies words from now on the chief purpose of army is not to fight wars but to avert them. There are typically two broad theories categorised by the analysts to describe the phenomenon of war.a.Normativ e Theory. It seeks to find out what the things ought to be. The ethics and morals and what is right and what is wrong. Is war justified and if so under what conditions wars can be fought.b.Empirical Theory.This theory deals with the historical evidence of the evolution of warfare. Circumstances leading to the on set of war, various techniques employed during the acquire of war and the reasons for the victory or defeat.Reasons for WarThere are number of different reasons for which wars are fought amongst the states. Kenneth N Waltz describes that in the domain of inter matter dealing the identification of level of analysis i.e. individual, state or international system is important. Apropos in this discourse state level shall be focused as the primary level of analysis to identify the reasons of war. any(prenominal) of them are briefly described in succeeding paragraphs.a.Territorial/Border Disputes. Most wars are fought in the midst of the two states due to territorial or border disputes. Soon after the rapid decolonization process which began in first half of 20th century, the nations were show contended with or settling down their geographical borders with their neighbours. Empirical evidence shows where this element is found missing the states tend to go to war to settle their disputes, which they are unable to resolve through other means particularly the negotiations.b.Hegemonic Ambition.The great powers in pursuit of dominance on ground and at seas waged wars through out nineteenth and 20th century. However, in current times this aspect is diminishing due to economic concerns and effects of global trade and commerce.c.Internal Balance. Some times the wars are fought due to internal political disturbance where elite or ruling party in order to preserve its power or hold oer the state initiates violent use of force. This type of war is often characterised by onslaught of psychological warfare directed at enemy and home front. This type is very common in the modern times.d.Leadership Aspects.The democratic form of governing a state is gaining popularity and autocracy is giving away. The wars fought in the past were particularly characterized by the desires and lust of power by the kings and princes. Many wars were fought due to personal orientation of the tyrannical leadership. However, democracies have been found of avoiding wars primarily due to economic concerns and well being of their people.e.Weak State vs Strong State.Since the distribution of natural resources amongst various nation-states is not equal hence some times wars are fought by strong states against weaker states to gain access to their resources. Another dimension is a weak state waging war against a parity or strong state in the farming to settle the old scores. Most of these wars have been characterized by the precondition of opportunity rather than necessity arising out of an internal disturbance/weak situation in other country.How War Can be AbolishedThroug hout centuries mankind has passed through a process of evolution so is the history of warfare. Through the course of history technology has also played its part in the evolution of warfare. After years of quest man was able to invent a weapon considered becoming to destroy all the inventions Nuclear weapons have since then altered the strategy of war particularly among nuclear states or their respective alliances. Deterrence concept had never been so well established as particularly during the cold war period, which averted successfully any war between USSR and USA and/or other NATO countries in Europe. This concept of deterrence has also worked well in establishing strategic stability in South Asia and has averted major wars between India vs Pakistan or India vs China whose source of irritation particularly lies in border disputes and resolution of Kashmir issue. Apart from nuclear deterrence there could be other multifaceted aspects which can help to abolish war. Some of these a spects are briefly discussed in succeeding paragraphs.a.Political System.People are generally peace loving and require welfare and freedom to go about their chance(a) life as per their desires and socio-religious practices. A democratic form of government, which is by the people, of the people, and for the people greatly manifests the true aspirations of the masses. Apropos in last century the phenomena of decolonization and rise of democratic form of governments gained popularity. Empirical evidence exists that democracies dont like to fight wars and tend to settle inter state disputes through talks. The political and diplomatic have thus proved effective in averting the impending wars.b.Economic Interdependence.A major effect that globalization has ensued is economic interdependence. Natural and other resources are not equally spread thought the world. The general global peace after World War II has seen increased economic interdependence amongst the states. frankincense mutual dependency is also being viewed as a reason for avoiding war amongst states. Europe has seen war for hundreds of years but European Union is a success story. The EU members states are required to fulfill two preconditions to become eligible, one to have democratic form of government and second to have no border disputes with their neighbouring states.c.Economic Strength.Countries with strong economic power are able to exert their influence on other economically weak states to do their will, without dismissal to war with that state. Countries like USA, China, Japan, Germany and Switzerland exercise their influence in respective areas of interest due their strong economies.d.Strong Defence.Strong defence of a nation is manifested though its military power. It guarantees its sovereignty and keeps impending threats at bay and enemies under check.e.Strong Alliance.Alliance of a group of states particularly with a super power has become a source of strength. It has minimized the chances of wars of opportunity against weaker states that have joined strong alliances e.g. NATO.f.Role of MNCs.Due to financial implications the Multinational Corporations (MNCs) which are spread throughout the world irrespective of political boundaries exert their influence on states as war is detrimental to their business interests.ConclusionAbolishing the war is both desirable and possible despite human limitations. The additive effect of political, military and economic strength coupled with higher literacy rate, acquisition of advanced technologies and employment opportunities for the youth can act as strength of national power. Socio cultural affinity and religious freedom of the masses living in an allegiance within the political boundaries and respecting the same for those living across the borders makes a state stable and less prone to war. Apropos it can be concluded that principles of social justice and mutual coexistence are the hallmarks for attaining global peace.ReferencesK enneth waltzThe Causes of War
Monday, June 3, 2019
Risk Based Regulation and Solicitors Regulation Authority
Risk Based formula and Solicitors Regulation libertyAs seen in the slip-up of Timothy Schools, a occasion director of ATM Solicitors in Preston who was taken with(p) off because of open frameing various outcomes and principles of the SRA code of conduct. The SDT1 had made onlyegations a get tost the involvement of the defendant and his rigid playperforming on behalf of clients who challenged the enforceability of various Consumer Credit Agreements. Mr Schools had been motivated by his testify financial gain comp ard to the interest of his clients, contrary to the O(3.2)(a) and that the misconduct had arisen from the right smart he had operated the unwaveringly. He had failed to erect randomness to clients which might have been material to their decision to instruct his firm to take on for them. Thus he had failed to coiffe with justice which led to his and the firms independence be compromised, hence breaching Principles 22 33 of the SRA. Mr Schools behaviour towar ds his clients and not acting in their best interests because of his bear financial interest, not only breaks the intrust of the public in him and his firm fullly also the effectual profession in itself, breaching Principle 64 of the SRA. The defendants action were deliberate and had continued for a period of time. wherefore the SDT ordered for Mr School to be struck off the roll. The SRA agreed and Mr School was struck off the solicitor roll.Through this approach, the SRA identifies the finds to the regulatory objectives outlined in the LSA and requires the firms to ensure the same. The danger-based approach also ensures that regulatory activities and resources be prioritised and applied proportionately.For example, you whitethorn tend to show that you have met outcome 3.3 if you decline to act for clients whose interests argon in direct conflict. The example used is deed of conveyanceant and defendant in litigation (IB 3.2).A key advantage to taking a guess-based approa ch to regulation is that it enables us to become much more proactive, identifying and tackling insecuritys before they occur, rather than acting retrospectively once harm has arisen.2.5 Exceptions to acting in client conflict situationsOutcomes 3.6 and 3.7 in chapter 3 outline two exceptions where it may be come-at-able to act even if there is a client conflict. When deciding whether to act in these situations, the overriding consideration remains as expressed in Principle 4, to act in the best interests of each client.You must consider whether in acting for all/ some(prenominal) clients the benefits to the clients outweigh the endangerments. These outcomes reflect the fact that there may be situations where, if the qualifying conditions are met, and then despite a conflict of interests, the clients separate best interests are served by you acting for two or more clients.The enunciation was changed from October 2005 with a new, tougher aggregation approach pattern, so that cla ims arising from one act or omission in a series of related matters or transactions, or even resembling acts or omissions in a series of related matters or transactions, will, arguably at least, be more standardisedly to be regarded as one claim. This was a particular issue for firms doing volume work. At the same time, the compulsory minimum cover increased to 2m for sole practitioners and partnerships and 3m for LLPs and limited companies.Ethics involves making a shipment to acting with integrity and honesty in accordance with widely recognised moral principles.Ethics will guide a professional towards an appropriate modality to behave in relation to moral dilemmas that arise in practice.Ethics is based on the principles of serving the interests of consumers of healthy services and of acting in the interests of the politics of justice, in which, in the event of a conflict, acting in the interests of the administration of justice prevails.A firm which has a mortified or mediu m peril will have the outcomes of the SRA in a different bearing compared to the one which is considered high-risk like a huge corporate integrity firm. For example, a bigger firm may need to put in place, or upgrade, a database system to collect information required under the reporting requirements. A minusculeer firm may be able to collate the information by the use of paper returns and a spreadsheet.Why is SRA risk -based?The SRA plans to shift the supervisory wildness towards measureing a firms risk guidance systems and identifying whether they are achieving the outcomes rather than a detailed consideration of a firms processes. The level of supervision a firm will picture will depend on the sensed risk that it poses to the regulatory objectives. Supervision will also be tailored to take account of factors such as firm size and risk management systems, as well as the firms previous compliance history and positive engagement with the SRA. The SRAs vision24 is to Concen trate on dealings with firms which pose serious risk Encourage firms to assess and tackle the risks themselves and Concentrate on those which cannot or will not put things right.The task can be made harder when management are confronted with people who are over-confident in their own abilities and believe risk management does not apply to them. As Captain E J Smith, later the captain of the Titanic, said in 1907, in all my experience, I have never been in every accident of any diverseness worth speaking about. I have seen but one vessel in distress in all my years at sea. I never saw a wreck and have never been wrecked nor was ever in any predicament that threatened to end in disaster of any sort. The Titanic sank in 1912.As well as professional obligations to protect their independence and promote the best interest of the client, there are obligations to uphold the regularisation of law and the decorous administration of justice. A solicitors professional obligations give p rimacy to the public interest and the public interest in the administration of justice.2 This raises the interesting question of how legal risk management, which tolerates, normalises, and sometimes promotes the desirability of taking risks with law fits with these broader professional obligations. It is not a question that we have seen addressed. There needs to be a expert and frank discussion that begins the process of articulating what such obligations mean in the context of commercial law practice generally and in-house practice specifically.Confidentiality and conflict of interest breach casehttp//globelawandbusiness.co.uk/RML/sample.pdf1.4 Liability for breach A lawyer who acts for a client when there is a conflict of interest, whether with the interests of another client or with the lawyers own interest, may be liable to compensate the client. That may mean an award of damages, or in some jurisdictions, an account of profits. By way of illustration, an example in the inclin e courts was the case of Hilton v bow-wow Booth Eastwood. 1 The defendant solicitors acted for both a seller (Mr Hilton) and a buyer (Mr Bromage) on a commercial blank space transaction, contrary to the conduct rules then in force. The solicitors failed to disclose to the seller that they knew that the buyer had a criminal record for loser offences which had resulted in imprisonment. They also failed to disclose that they were alter money to the buyer to do on part of the transaction. After the contract was completed, the buyer defaulted and Mr Hilton was left with substantial losses, which led to his bankruptcy.Attempts at recovery from the buyer failed. The solicitors defended the claim on two bases. First, the conviction was a matter of public record. Secondly, had the claimant instructed other solicitors, those other solicitors would not have known of the conviction and, they said, their breach therefore caused no loss. The defence succeeded initially but the claimant won o n appeal. Put simply, the solicitors were in breach of vocation to Mr Hilton, and could not complain if they had put themselves in that position by their own actions.Note the comments of one of the judges on appeal, Lord Scott of Foscote The reason why it would have been a breach of the solicitors duty to Mr Bromage to inform the appellant of Mr Bromages bankruptcy and criminal conviction was not because the information was confidential but because it was their duty as Mr Bromages solicitors to do their best to further Mr Bromages interests in the transaction in wish of which Mr Bromage had instructed them. 2 The firm was found liable to compensate the claimant.Firms are also required to have effective systems and controls in place to enable them to identify and assess say-so conflicts of interests. They must have systems and controls for identifying both client and own interest conflicts appropriate to the size and complexity of the firm and these must also extend to the naming of commercial conflicts. If in the above examples, the firm would have carried out the effective systems condition out in the chapter 3 on the SRA and the risk assessment process, then they would have not been in breach of the SRA outcomes and would have successfully mitigated the risks.Outcomes-focused regulation concentrates on providing positive outcomes which when achieved will benefit and protect clients and the public. The SRA law of divvy up sets out our outcomes-focused conduct requirements so that you can consider how best to achieve the right outcomes for your clients taking into account the way that your firm works and its client base. The formula is underpinned by effective, risk-based supervision and enforcement. Introduction to the SRA commandIntroductionSir David Clementi recommended that the professional bodies should separate their roles of holding both regulatory and representative responsibilities. This led to the formation of Solicitors Regulation Authority (SRA) by the LSA5 to act as the regulatory body for solicitors in England and Wales. The main aim of the SRA is to work compatibly with the objectives set out in the LSA. In 2011, the SRA locomote from a rules-based approach to an outcome-focused regulation (OFR). This approach introduced high-level Principles6 and Outcomes that had to be observed by firms and single(a)s to operate independently, with integrity and in their clients and wider public interest. Even with the principles, outcomes and indicative behaviours set in place, risks towards a duty owed by a lawyer to a client can arise. Hence the SRA also needs to take a risk-based approachby identifying the potential risks of not skirmish the mandatory outcomes and principles, through a risk management process. The SRA approach to regulation i.e. authorisation, supervision and enforcement is therefore outcomes-focused and risk-based.Outcomes-focused RegulationSRAs aim is to ensure that all firms and individuals should achi eve the right outcomes in delivering their legal services therefore benefiting and protecting the clients and the public at large. These outcomes are mandatory and are found in the SRA Code of Conduct. When lawyers deliver the right outcomes, it will help ensure compliance with the Principles and mitigate the risk of lawyers being in breach to professional conduct.Risk-based RegulationA risk is considered to be a combination of impact, which is the potential harm that could be caused and probability, which is the likelihood of a particular risk occurring. There are risks attached with the firms and individuals acting compatibly with the regulatory principles and outcomes outlined in the SRA. For example the risk of conflict of interest arising between the lawyer and the client or between two current clients if proper systems were not in place to identify potential conflicts of interest in the first place as per O(3.1), the risk of impuissance to protect clients confidential informat ion and many more such risks can arise when the lawyers cannot achieve the best outcomes for their clients.A case where risk of conflict of interest and breach of duty of confidentiality arises is Hilton v BBE7. Hilton instructed BBE to act as his solicitors in him selling a developed piece of land to one of their other clients, Bromage. BBE did not tell Hilton that they had previously acted for Bromage when he was engrossed for fraud nor did they tell him that they were acting for Bromage in this same transaction and lent money to Bromage for the deposit hence breaching O(3.4)8. Outcome(3.5) clearly states that a firm or individual should not act if there is a client conflict or a risk of a client conflict unless all the risks have been explained to both clients and they understand them both parties should give their consent for the firm to act for them and many more objectives set out in O(3.6) and O(3.7) need to be satisfied. Although neither of these outcomes were achieved.Brom age failed to complete the transaction therefore Hilton incurred a huge loss. The House of Lords found that it was unacceptable to breach the conflict of interest principle as it will override the duty of disclosure and confidentiality owed to their client Bromage. BBE already had a contract with Bromage and due to an implied term in this contract, BBE could not reveal any confidential information about him to Hilton. Hence BBE should have asked Hilton to seek independent legal advice as professional ethics meant that they could not act for him. But instead proceeded to act for him as well as their client since they were only interested in their own financial gain therefore breaching O(3.2)(a). This definitely was a breach of duty owed by BBE to Hilton in failing to act in his best interest.Timothy Schools9, former director of ATM Solicitors was struck off because of his own financial interest contrary to O(3.2)(a). His misconduct had arisen from the way he operated the firm, he fai led to act with integrity and the firms independence was compromised, hence breaching Principles 210 311 of the SRA. Professional conduct as such would break the trust of the public in Mr Schools, his firm and the legal profession, thus also breaching Principle 612 of the SRA.The above cases show the consequences of failure by the firms to be with the principles and outcomes of the SRA. Hence the SRA needs to regulate a risk-based approach so that the clients receive a proper standard of service which best suits them as per Principles 413, 514 and 815of the SRA.Risks are typically considered at an individual, firm, thematic or market level. The identification and management of these various risks is operated through a risk management and governance process, outlined in the SRAs Regulatory Risk Framework. The Regulatory Risk Index sets out a list of risks that are managed under the Risk Framework. This is important for the risk management process as it gives a universal index which ensures that each risk is accurately identified. This index is comprised of 38 risks 28 are firm risks16 and 10 are market risks17. Impact18, Operational19, and Viability20 are all firm risks. Breach of confidentiality and conflict of interest are both Impact risks and are always caused by Operational risks. For example, impact risks can arise due to ineffective systems in place like polished client information was inadequately encrypted or due to lack of integrity or professional ethics like a member of faculty measuredly breached confidentiality for ones financial interest. Firms use informational barriers21 as per O(4.4)(b)(ii)22to mitigate these impact risks though courts are not always supportive of them and may take some convincing.Bolkiah v KPMG23, where a firm of accountants who owe the same duties as solicitors, wanted to act for BIA24 .They wanted KPMG to carry out investigation on Bolkiah who was the former chair of the government agency. Bolkiah was a former client of KPMG hence they had confidential information about him. Conflict of interest existed and so the firm created an information barrier in which they made sure that the staff working for the agency was completely separate from those who worked with Bolkiah. However the House of Lords granted an injunction in favour of Bolkiah to prevent KPMG working for the agency. They agreed that KPMG could have acted for the agency given that they took Bolkiahs consent first as per O(4.1)25 ,O(4.3)26 and O(4.4)(b)(i)27 . According to the courts the information barrier did not prevent the possible outflow of confidential information thus breaching the fiduciary duty of confidentiality. Lord Millett emphasised that the duty was to keep the information confidential, not merely to take all reasonable steps to do so. This decision was followed in MS v Freshfields28 .Even after creating an information barrier, firms cant escape the above risks. Therefore firms need to strictly carry out effective syste ms and risk management processes in order to mitigate risks and achieve SRA outcomes and principles.Relationship between Ethics and RiskLegal ethics requires solicitors to be honest and act with integrity with their clients, profession, courts and the general public. A solicitors commitment to behave honorablely can be put at risk as seen in the above cases. Thus a lawyer in order to be ethical needs to produce the best outcomes for the clients, which can be achieved by following the SRA principles and code of conduct. A risk of conflict or confidentiality arises when a firm or individual fails to achieve the outcomes set out in the SRA thus making them behave in an wrong manner.The central principle of legal ethics is the conflicts of interest principle which requires the lawyers to avoid situations in which their duties to one client conflict with their duties to another client or their own interests as seen in the case of SRA v Dennison29. Here a firm of solicitors used a compan y to provide medical reports for clients. Dennison was a partner in the law firm and also owned a third of shares in that company. However he did not inform other partners of the firm and his clients about this order of battle because of his own financial gain. He did make significant profit hence breaching Outcome(3.2)(a) of the SRA code of conduct. The SRA then decided to strike him off the roll because of his dishonest and unethical professional conduct towards his clients and firm.Therefore making a commitment to acting ethically is intrinsically linked with meeting the standards and requirements set out in the SRA Code of Conduct. Hence failure to comply with the risks that obstruct the firms and individuals to achieve the outcomes and principles set out in the SRA code would make their professional conduct unethical. As being ethical towards the profession and the clients is positively correlated with complying risks that affect the SRA regulation of the firms.Risks faced by huge corporate firms compared to high street firms.SRA codes work differently for firms depending on the perceived risk that it poses to the regulatory objectives, firm size, previous compliance history and their risk management systems in place. For example internet crashing or employee absences would be a low risk for a large firm as they have enough staff to mitigate this risk because of higher client base. But for a small firm, an absence of one employee would cause a lot of trouble since they might not have anyone else who could do the work instead and so would suffer financially as the clientele would be of a smaller cohort.However some risks are same for both high street and large law firms like the lack of access to legal services. Only a third of people with a legal problem, seek legal advice and this risk is faced by the entire profession. There are various reasons as to why people do not seek legal advice and one of the main reasons is cost and practicality. As legal proc eedings are expensive and one might not see any benefit in taking any legal action in terms of cost and time spent. Another reason is the lack of trust in seeking professional advice as seen in the above cases that if lawyers prefer their own interest compared to the client then clients will no longer trust the advice they are receiving.Compliance with anti-money laundering is another risk that is faced by the law firms and in some aspects it is more challenging for small firms. For example, succession planning and providing relevant training to staff are both mandatory under the MLR30 and if not carried out effectively can potentially pose a higher risk to small firms. Since their staffing capacity and resources to deal with issues like due diligence, storage of archived files are less compared to that of a larger firm.Maintaining diversity in the legal profession is one of the other risks seen today. Large firms are less diverse compared to small ones as data shows that BAME solic itors, women, people with disabilities and those over 55 are less likely to be partners in large firms. This might be reasons due to personal choice, recruitment and promotion practice and flexible working options being not easily available.ConclusionCourts are reluctant of using Information barriers as a risk mitigating factor as seen in the above cases however it is not impossible to create an effective barrier as seen in Koch Shipping v Richard Butler31. This is possible if the barriers are well incorporated in the way a firm operates32. Even with risk mitigating factors in place, solicitors still exploit the SRA codes in order to gain their financial benefit. Therefore it is very important that solicitors strictly follow the principles set out in the SRA to achieve the best outcomes for their clients in order to uphold the rule of law and proper administration of justice.33ReferencesBibliographyTable of CasesHilton v Barker Booth Eastwood 2005 1 ALL ER 651Schools v SRA2015 EWH C 872 (Admin)Bolkiah v KPMG 1999 1 ALL ER 517Marks Spencer v Freshfields Bruckhaus Deringer 2004 EWCA Civ 741Solicitors Regulation Authority v Dennison 2012 EWCA Civ 421Koch Shipping v Richard Butler 2002 EWCA Civ 1280Table of LegislationLegal Services Act 2007Secondary SourcesSolicitors Regulation Authority Code of Coduct 2011Andrew gracehttps//www.sra.org.uk/solicitors/handbook/code/content.pagefile///C/Users/shrutika/Downloads/Risk%20Outlook%2028%207%2016%20(1).pdfhttp//www.sra.org.uk/risk/risk-index.pagehttp//www.sra.org.uk/risk/risk-framework.pageSecondary SourcesSolicitors Regulation Authority Code of Coduct 2011Andrew boonReferenceswww.westlaw.law.ac.ukwww.swarb.co.ukhttp//www.sra.org.uk/consumers/what-sra-about.pagehttp//www.lawsociety.org.uk/support-services/advice/practice-notes/conflicts-of-interests-in-criminal-cases/ not used ithttps//www.lawgazette.co.uk/law/conflict-of-interest-solicitor-struck-off/5042055.article1 Solicitors disciplinary tribunal2 act with integri ty3 not allow your independence to be compromised4 behave in a way that maintains the trust the public places in you and in the provision of legal services5 Legal Services Act6 There are 10 mandatory principles and they shape the fundamental ethical and professional standards that the SRA expects of all firms (including owners who may not be lawyers) and individualzzs when providing legal services. In some circumstances they apply outside practice.7 Hilton v Barker Booth Eastwood 2005 1 ALL ER 6518 you do not act if there is an own interest conflict or a significant risk of an own interest conflict9 Schools v SRA 2015 EWHC 872 (Admin)10 act with integrity11 not allow your independence to be compromised12 behave in a way that maintains the trust the public places in you and in the provision of legal services13 Principle 4 Act in the best interests of each client14 Principle 5 Provide a proper standard of service to your clients15 run your business or carry out your role in the bu siness effectively and in accordance with proper governance and sound financial and risk management principles16 Risks which arise through the activities of regulated firms, their employees and regulated individuals employed by non-regulated persons, businesses or organisations.17 Risks arising from or affecting the operation of the legal services market.18 Risk that firm or individual undertakes an action or omits to take an action which impacts negatively on SRA meeting the regulatory outcomes.19 Risk arising from a firms internal processes, people and systems.20 Risks arising from the viability of the firm and the way it is structured21 Enables the firm to segregate collections of employees with a guarantee that one part of the firm will not communicate with the other.22 where informed consent by a client is not possible, you put in place effective safeguards including information barriers which comply with the common law23 Bolkiah v KPMG 1999 1 ALL ER 517
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