Labour Law & Industrial Relations-Bangladesh Essay Example for Free

Labour Law Industrial Relations-Bangladesh Essay If the objection not met satisfactorily DOL may reject the application Judgement of the LAT shall be final Any party aggrieved by the judgement of Labour Court may prefer to appeal to the Labour Appellate Tribunal within 30 days from the date of order of Labour Court Labour Court may pass an order directing the DOL to register the TU within a period of 7 days Labour Court may dismiss the appeal of Trade Union Labour Court Conducts hearing into the appeal TU may apply to Labour Court within 30 days from the date of rejection or in case any delayed disposal by the DOL

The differences between offshoring and outsourcing

The differences between offshoring and outsourcing OFF-SHORING is moving a part or whole of a process from home country to another country but to a unit of the same company. It usually involves setting up a process in a country where the firm also has its unit. [1] e.g. MNCs having their offices in multiple countries may be involved in off-shoring processes. IBM, HP off shoring to India to make use of the talented engineers pool. For many years international trade has just been about trading completed products across the globe. But due to technology and transportation ease, it has lead to tasks being off shored thus adding value to global supply chains. [2]This is usually done to reduce cost, increasing pool of innovation; expanding into new markets, recruiting for special skills in every country, thus developing a strong human resource and various such reasons. OUT-SOURCE on the other hand involves one company doing a task for another. [1] Outsourcing may not only aid cost reduction but also help in achieving operational excellence.eg payroll outsourcing to HR consultancies .E.g. Accenture. [4]This helps in resourcing the operations from the best work pool in the desired functional area. Figure 1 OFF-SHORE OUTSOURCING is like a combination of the two. It involves both, getting another company from another country to perform a task or process of a firm. Globalisation has been the key driver to such activities. Earlier such activities were performed by relatively low skilled workers. These activities were primarily seen in manufacturing industries but now it has explored into service sector and attracted high skilled work. Increased competition ,need for reducing cost ,skilled and cheap workforce has driven globalisation, but these also attract high effort and risk thus making it advantageous and disadvantageous at the same time.eg Massachusetts General hospital in USA offshore outsourcing interpretation of CT scans to radiographers in India. [1] We will hereon discuss primarily on OFF-SHORE OUTSOURCING. The discussion would consider two parameters, firstly the advantages and disadvantages of Off-shore outsourcing on Western economies like UK USA and emerging economies like India, China, Brazil, Kenya and secondly its effect on the respective workforces. Offshore outsourcing is beneficial for the western economies in various ways, such as the production or service providing costs are high in these economies owing to the high living cost, area cost, transportation and telecommunication cost. Thus if companies from these economies move off-shore and outsource their production or services task it would cost them less, this would also give them a strong grounding for competing globally . E.g. Loake UK based shoe manufacturer offshore outsources its process in France India and then the final assembly takes place in UK. The cost saved can be invested in home country. Off-shore outsourcing also helps western economy companies in expanding their clientele in new unharnessed markets with great potential, their thus the company grows globally E.g. The western universities get major funding through international students from India and China due to outsourcing, attraction of students by various educational advisor companies like Edwise(India), Chopras(India). Microsoft has offshore outsourced its IT work to India; this has led to increased recognition of Microsoft there and thus increased sales. Off-shore outsourcing also fosters round the clock working, harnessing the time zone differences. E.g. Many USA firms outsource their system management to Indian software engineers, thus when the companies close down in USA the computers can be updated or fixed via software engineers in India (K Dice India Pvt. Ltd.)[9] due to the approximately 12 hr difference in time zone. [1][3][7] .Offshore outsourcing may also boost innovation. Flexibility, off load work: You can create capacity for higher margin work in internal sources. This of course creates flexibility in the company ensuring the optimum utilization of the available resources within the company. MachroTech offers you an  offshore outsourcing model  which combines the best of its onshore and  Offshore Software Outsourcing  resources, to provide you with the flexibi lity to operate your business flawlessly [7]. Western companies can benefit from operational excellence by outsourcing specific consultants to bring out high performance .e.g. PWC, TCS are being outsourced by companies to carry out financial or HR consulting. Thus western economies can benefit from various offshore outsourcing like software development, managing HR tasks like pay rolls, legal outsourcing, RD, interpreting CT scan, medical transcription, accounting (PWC), data entry etc. Due to globalization and linking of economies across the globe, this would result in benefits for the emerging economies too. Majorly, the GDP of exports increase in the emerging economies .Their local currency becomes strong .Foreign direct investment in these economies increase. This leads to development of these economies. Poverty and malnutrition is on the verge of eradication in these economies.[8] Other not so direct effect of offshore outsourcing over emerging economies are adopting new mannerisms, developing English as a primary business language thus reducing linguistic issues, increasing the standard of living of people in emerging economies. Off-shore outsourcing may also be from emerging markets to developed economy market serving as offshore outsourcing destination. E.g. Nasscom the premier trade body and the chamber of commerce of the IT-BPO industries in India has offshore outsourced its financial reporting to McKinsey (UK).[5][6] As it has been mentioned earlier Off-shore outsourcing also has its own disadvantages, for the western companies or the emerging market companies it would mean loss of control over the production or service. This may be because the offshore outsourced company may not work diligently. This will lead to production losses or unsatisfactory service to the customers. With time zone difference follows the problem of communication, transparency of work. Linguistic barriers and cultural misfits all these impacts business on the long run. [10] With offshore outsourcing increase, the imports to the western countries increase thus increasing trade deficit. [3] Off-shore outsourcing also brings along various risks: Project execution risks that would mean loss of full transparency in how the work is being done. Whether the personnel offshore or company offshore is working diligently and not showing a slack behaviour towards their duties. Intellectual Property risks that pertain to sharing the sensitive details and technological details of the company with the outsource destination company. This usually leads to counterfeiting of pharmaceuticals, luxury products etc. and thus this may lead to less sales for originally producing companies and greater sales for the companies that outsource since they have the technical know- how and produce and sell the same goods at a lower rate. Various other legal risks are also seen [11]. Now to discuss about the advantages and disadvantages due to offshore-outsourcing in western company and emerging market countries with respect to their workforce. As far as offshore outsourcing is concerned any company when involves any other company in its process has to deal with organisational culture change, thus workforce have to accept the change n move on or else they might be laid out. Western economy workforce has some advantages. If it gets some of its task outsourced like it may help the employees in moving to higher jobs, higher salary, higher standard of living, good incentives. [1] According to Rajan n Wei(2004)the number of jobs that loose on outsourcing are gained back due to in sourcing[3].Employees can choose to work in rotational shifts, thus giving them flexibility in working hours, since offshore outsourcing provides round the clock working options. English being their own language they have fewer language troubles, since its the basic business language. But offshore outsourcing has major disadvantages for the workforce of the western countries because the basic minimum wage in these countries are higher than in emerging market companies thus mass layoffs are happening. To retain their jobs the western company employees have to work at lesser pay, what makes matter difficult is that in these countries cost of living is very high and thus low salary will lead people to poverty. According to AT Kearneys 2011 Global Services Location Index (GSLI) the top three positions in outsourcing destinations are occupied by India, China, and Malaysia [13]. So automatically outsourcing brings in many advantages to emerging economy workforce. It brings great employment opportunities to these emerging economies. This is due to availability of skilled and yet cheap labour. This helps in increasing the standard of living of all the people, this leads to happier family life, better educated kids, more hygiene, health, socially conscious people helps the country and its economy as a whole. Knowledge base of the people increase. Due to outsourcing companies working round the clock, it gives rise to rotational shifts this leads to flexible working hours, and thus theres job that suits to everyones timing. There is a lower chance of brain drain. The workforce is more dedicated, and thus the results are great. This leads to motivation and better working. [3] The developing country workforce learns the western style of working, thus becomes more organized, independent and goal oriented. There are a few disadvantages too for the workforce of emerging economy companies like due to time differences between the home and host country ,employees may unwillingly have to work at rotational shifts.eg TCS employees join the company at regular office timing but the work begins only in accordance to the country that has outsourced work at TCS ,thus long working hours. Thus the workforce works under stressful condition. They get paid lesser than their western country counterpart. Emerging market companies usually have unhealthy or unethical working environment .E.g. Tesco, ASda Primark outsourcing to Bangladesh but using child labour and unhealthy conditions. [14] Linguistic issues, cultural misfits also pose to be de-motivating for the workforce. Thus offshore outsourcing tries to reduce the difference between the emerging and western economies, creating the world a knowledgeable, friendly, culturally one place to live in. Although everything has its pro and cons, its the riskier thing that fetches more. So I consider offshore outsourcing very lucrative.

How registered nurses might develop appropriate leadership skills

How registered nurses might develop appropriate leadership skills Throughout this discussion I will talk about NHS leadership frameworks, give a definition of leadership, discuss styles, and theories such as transactional and transformational models. Mention the Knowledge Skills Framework, explaining how good clinical supervision and perceptership during orientation can have a positive influence on a good patient care outcome. Giving an overview of the skills and attributes that enable nurses to become leaders, NHS Scotland (2004), proposed a Leadership Framework, the paper talked about improving the health of Scotland and reforming how healthcare is delivered. Its aim, to develop new leaders on all levels of the NHS, as this will be crucial for the ambitious goals set out for the health service. Department of health 2004 (DOH) is hoping to create visionary leaders who can empower individuals; they are looking for effective leaders with a complex mix of attributes, behaviours and skills, who must also be able to reflect upon and evaluate themselves (Oliver 2006). Nurses demonstrating an effective leadership style will be in a powerful position to influence the successful development of other staff, this in turn will lead to the ultimate goal of any healthcare organisation which is influencing the quality of patient care through good nursing leadership. (Frankel 2008) When we think of leaders we think of great people such as Churchill, Kennedy, Florence Nightingale and many more, these people are regarded as leaders because they had a vision to change things for the better, they inspired their fellow men with words of wisdom, they challenged authority and seized on opportunities. These challenges are carried out every day in all kinds of clinical and non- clinical settings in the NHS, not many nurses will make the history books, but a good nurse leader will be respected, and become a role model for others. However, there are some theorists who believe that leadership is in-born and that some traits of a leaders personality such as intelligence, initiative and confidence are what creates leaders. (Goffee and Jones, 2000). There are also those who disagree, Kouzes and Posner (2002) for example, argue that the skills of a leader are observable and learnable. Ellis and Abbott (2009), agree with, Faugier Woolnough, (2002), who looked at models of leadership, and believe that people get intrinsic satisfaction when given more control over their work, they tend to be more productive and better motivated. According to Murphy (2009), good leadership plays a very important role in the provision of good patient care. Since the publication of The NHS plan (DOH 2000) the NHS has drastically changed its managerial stance, recognising that the concept of, effective leadership, is the key to modernising todays health service. (Warriner 2009) The goal of the government is to steer the NHS away from a bureaucratic and scientific management and on towards an organisational culture of self management (Oliver 2006), this will provide a dynamic and responsive health care system with a work force that can cope with frequent organisational change. To achieve this goal the NHS need, to have clinicians who can demonstrate leadership skills and can act as role models at all levels of the service Leadership, according to Grim (2010), is a complex entity, there are many definitions, Benton (2005), described leadership as the art of influencing people to accomplish the mission, another definition by Huczynski and Buchanan (1991), defines leadership as; a social process in which one individual influences the behaviour of others without threats or violence. Cook, (2001),  stated that; Leadership is not merely a series of skills or tasks; rather, it is an attitude that informs behavior. Thefore, leadership styles are often based upon behaviours that are used to influence change. There are different styles of leadership; autocratic, these types of leader set their own goals; they do so without allowing other team members to participate in the decision making, they lead from the top down. (Faugier Woolnough, 2002). Bureaucratic, leadership has no grey areas, they stick to the rules, regulations and policies rigidly. Laissez faire leadership is a more risky kind of leadership as the staff members are left to their own devices in meeting the goals set out. According to Faugier Woolnough, (2002), Ellis and Abbott (2009), a better and fairer leadership style may be situational leadership, this style allows the leader to switch between all the above styles depending on the situation they are dealing with and the competence of the workforce he or she is working with at that time. Many organisations, the NHS included, have adopted transactional and transformational models of leadership. The transactional approach to leadership according to Frankel (2008), is more management orientated, it assumes that work is done only because of rewards and no other reason, it is task orientated, sets goals for employees focuses on day to day operations and gets things done. Members of these teams can do little to improve or change their job. Transactional leaders, will do things right, whereas transformational leaders, will do the right things. (Taylor 2009) This could be the reason why transformational leadership, is used in many corporate situations, it suits many circumstances in business as their leaders are exceptionally motivated, trusted, set clear goals, encouraged and supported, their teams inspire others. Transformational leadership is a style that is focused on change, its more complexed,the way it shapes and alters the goals and values of other staff, to achieve a collective purpose which will benefit the nursing profession (Grimm2010). Transformational leadership if used by higher management is supposed to have a cascading effect or domino effect as others call it, these leaders see that the relationship between leader and follower as being critically important in the running of the organisation. There is an emphasis on empowerment by being honest and open, building a bond of trust that can encourage their staff to become independent in their decision making. If the transformational model of management is started at the top and works down to the shop floor with every member of staff having that shared vision, any organisation could move mountains, you would have an effective workforce which will then have a positive effect on patient outcomes. (Taylor 2009) The models are tools to help the nurse become a good leader, they are frameworks on which to build an effective leadership style, ideas from all of the models can be used and switched about to suit the individual leader. The concepts are not set in stone, to be an effective leader, the manager needs to change from transactional leadership to a transformational one. Hurley and Linsley (2007) suggest a amalgamation of the two is needed to free nurse leadership from self imposed boundaries these two models together could support and underpin clinical leadership with humanistic principles. As a newly qualified registered nurse, leadership will be a daunting thought, being the newest member of staff, the leadership mantle will not rest on easy shoulders, through good preceptors during orientation, the new staff nurse will become a team player, as team work is essential to ensure that patients receive the optimum care and the best service available. A new nurse will become part of a multidisciplinary team, which will include a complex mix of people with individual personalities, cultural beliefs and behaviours who will work together with an overall aim of achieving a common goal, good effective patient care. Good leadership is essential as the dynamics of the team will be subjected to constant change depending on every day problems such as, staff shortages, absenteeism, and change of responsibilities. The role of the leader is to ensure that the problems would not have any effect on patient care. Leadership is rarely thrust upon the unsuspecting nurse; it is a set of knowledge, skill and attributes that are developed over time (Morgan 2000). Therefore, knowledge and skills must be kept up to date throughout the practitioners working life to develop these skills the practitioner must go through the Knowledge and Skills Framework (KSF). (DOH 2004), KSF, is an effective ongoing tool used to show the broad skills and knowledge, that a nurse or practitioner needs to be effective in their particular post or position. The framework was introduced alongside the Agenda for Change (AfC) pay system to ensure every NHS nurse receives an annual review to assess the knowledge and skills required to do his or her job. The aims of the KSF were to show clear and consistent development objectives so that practitioners were aware of what skills would be needed for their chosen role, to help and encourage the development of staff in such a way that they can apply the newly gained knowledge and skills to their post and to help identify any knowledge and skills that may support career progression and encourage the need for life long learning. (Hinchcliff 2008 Cook 2001 ) The KSF will ensure that practitioners are fit to practice and continue to provide a framework for good quality care, recognised that investment must be made to improve nursing practice and educate nurses to be effective leaders. Leadership skills are implemented at the start of the nurse training programs, communication, critical thinking, listening, self awareness, empathy, motivation, reflection, and problem solving. These skills will be required from every registered nurse from the onset of their career to show that, an individual can achieve leadership and decision-making skills, and will go on to enhance services in our complex and diverse healthcare environment. Communication, one of the main skills that a newly qualified nurse can excel in immediately after training, a good handover, passing on messages such as doctors orders, blood results, listening to what patients are saying and also what they are not saying, body language, telephone calls, information appertaining to the patient in her care, this skill may be intrinsic but it can also be a learned skill. There are many theories and models on communication, much has been written about this subject models such as, The Circular Transactional Model of Communication, (Bateson 1979), and a Skill Model of Interpersonal Communication Hargie Dickson 2004) to name only two of them. (Timmons McCabe 2009) The theories and models may not have a direct influence on how the nurse communicates with her patient, but by reading them it allows discussion and in a nursing context this could illustrate a difference between a task centred approach or a patient centred approach when dealing with her patients. A research study carried out by Burns (2009) found that participants felt that leaders need to have, effective communication and interpersonal skills, to be able to tell staff were they are going wrong or encourage them if they are on the right track, they need to be good listeners and keep the staff informed, sharing the vision, negotiate care, or successfully manage care. To have leadership skills nurses must be more assertive, it is well documented (Timmons McCabe 2009) that in the past most nurses tended to take a submissive role in communication behaviour, todays nurse with good mentorship and support can be frank, flexible and open-minded and with the right encouragement can motivate and encourage others, without being confrontational or challenging, this can work in the patients best interest, to have a confident practitioner who is responsible and accountable for her actions. Sengs (2006) view on this was that these individuals have emotional maturity they seek understanding of their roles, similarly Goleman (1998), found that key skills should be found in effective leaders, such as, self awareness and assertiveness, these are the leadership skills that nurses have to develop. A good leader needs to understand themselves, be aware of their own feelings, actions, values, attitudes, beliefs and how they influence relationships and interactions with others, thus, a nurse cannot understand others until they themselves are self aware. Self-awareness is a lifelong process and requires the individual to look inside themselves and reflect take on board feedback from others. (Senge 2006) Assertiveness, another valuable skill in the element of communication, Balzer-Riley (2000) suggests that, assertiveness is a gift that expresses thoughts feelings and ideas without the anxiety of having a negative effect on others. Self- regulation; this is the component of emotional intelligence that enables the individual to be reasonable in the workplace, with appropriate control over feelings and impulses, these leaders are open to change and have the capacity to create environments of trust and fairness. Motivation, driven by not only external incentives such leaders are uniquely internally motivated and will display both innate optimism and organisational commitment. Empathy, also an essential skill for a good leader, it enables one to understand both the needs of the user of the service and also those of the providers. Social skills, enables the leader to find common ground and manage relationships they should be recognised by co workers as someone they would want to follow. (Timmins McCabe 2009) Lett (2002), gave a definition of leadership as, the skilled nurse who leads patients to better health care, Cook (2001) agrees, what sets a leader apart is the ability to develop and influence others. Perceptorship and mentorship are not much different to leadership, Adaire (2002) defines them as, the art of influencing people to follow a certain course of action, controlling them,directing them and getting the best out of them. A nurse who has good preceptership and mentorship style will be in the position to influence the sucssesful development of newly qualified staff and students, having a good sense of humour, patience and aproachability, ensuring that their professional standards are maintained thus enabling the growth of competent practitioners. Elmeres (2010) suggests, that strong leadership is vital to the success of the preceptor process; the ability to guide, facilitate and evaluate nurses is an undeveloped skill .Clinical leaders must take factors such as personality clinical competence, communication abilities into account. If the preceptor cannot communicate with the new staff nurse because they are lacking in knowledge themselves or have little self esteem then they will be a poor preceptor. The role of the preceptor as an educator and facilitator of learning is the cornerstone of nursing orientation. Elmeres (2010) The preceptore needs to be able to give both positive and constructive criticism e.g., `That was a good dressing you put on` or `thats not how I would do it, but let me show you how, and then you can have another go`. These comments will build confidence and motivate the orienteer. Orientation to a clinical area can take anything up to 18months as every one learns at different speed. It would not be conducive to the nurse if her orientation was over too soon as she may feel overwhelmed and incompetent, this would then demoralise her with no job satisfaction this could be detrimental to the patient care outcome as she could go off work sick leaving the clinical area short staffed, or need mentored again because of lack of confidence. Clinical supervision in the workplace was introduced as a way of using reflective practice and shared experiences as a part of continuing professional development Butterworth (1992), gave a definition of Clinical Supervision, an exchange between practicing professionals to enable the development of professional skills. Clinical supervision provides a structured approach to deeper reflection on clinical practice, which can lead to improvements in practice and client care, it has the support of the NMC, and fits well in the clinical governance framework, whilst improving nursing practice. Reflection, just like clinical skills, reflection needs to be learned, it is an activity that is central to a nurses professional practice. Johns (2000) stated; Reflection is a window that the nurse can view and concentrate on herself within the context of her lived experience, this will help her to confront and understand the problem and work towards resolving it within her practice of what she has done and what she would like to do better. There are several models of reflection (e.g. Gibbs 1988, Johns 2000, Taylor 2006,) these models help the practitioner by asking structured questions about their experiences in clinical practice which prompt the practitioner to remember certain aspects of the event e.g. who, what, where and when. As the new practitioners confidence in her experiences, abilities and competence, grows, mentoring will be the next stage of her development. The NMC (2006) states that, nurses who take the role of mentors must be registered with the NMC and be on the same part of the register as the students they assess. The mentor must be on the register for at least 12 months and have completed an NMC approved mentor preparation course, which is a ten day program, (PA, Panther 2008). Mentoring whether its formal or informal is one of the important roles that every nurse has to take part in. The NMC (2004 4.3) states that the practitioner must communicate effectively to others and share knowledge, skill and expertise with other members of the team as required for the benefit of patients. This can be seen more frequently in the delegation of colleagues on the ward. Delegation according to Hansten and Jackson (2004), is the transfer of selected tasks and responsibility for completion of tasks to another and retaining supervision and accountability for that activity. NMC (2004), states that, individual responsibility is the duty for which one is responsible, while accountability relates to the fact that one can be called to account for ones actions with regard to a duty. A nurse leader in charge of the ward or clinical area has to delegate to others, otherwise she would have no time to carry out her duties in view of this is she accountable for all her staff. Although the practitioner who has been delegated the task is accountable for her own actions, if the practitioner delegates to another a health care assistant (HCA) or student, then the practitioner is accountable for this person, as the law will state that due to professional accountability, only responsibility can be delegated to others, accountability and liability cannot be delegated. (C ornock 2008) This means that even though the individual took the task on, they may state, that they lacked the authority, knowledge and experience to carry out the task. The nurse who delegated must from a legal perspective remain nearby to monitor the task, and to offer advice if needed. In America, The National Council of State Boards of Nursing (1995), brought about the `five rights of delegation` these are the right task, the right circumstances, from the right person, with the right communication, with the right supervision. NMC (2007b) also reflect on this advice with regards to delegation. (Hinchcliff 2009) . The purpose of this assignment was to examine how registered nurses develop appropriate leadership skills, and how this can be implemented in improving a patients care requirements. Nurses who are competent in the skills of leadership will be able to plan and design the way care is delivered in the future, they will produce better patient outcomes by promoting greater nursing expertise through increased staff ability and a new level of competence this will achieve the goals of the health service providers and improve patient care outcomes. Need to re write this part REFERENCES LEADERSHIP Adaire, J. (2002) Effective Strategic Leadership. London: Pan MacMillan. Balzer Riley, J. (2000) Communication in Nursing, 4th edn., Mosby: St. Louis Bateson, G. (1979) Mind and Nature. Dutton: New York. Benton, T. (2005) Airforce Officers Guide. 34th ed. Mechanicburg: PA: Stackpole Books. Cited in: Grimm, JW. (2010) Effective Leadership: Making The Difference, Journal of Emergency Nursing, Vol 36. (1) pp. 74-77 Burns, D., (2009) Clinical leadership for genral practice nurses, part 1: Percieved needs: Practice Nursing. Vol 20. No 9, pp 466-69 Butterworth, T., Faugier, J. (1992) Clinical supervision and mentorship in nursing. Chapman and Hall: London. Cornock., M,. (2008) Where the buck stops. Nursing Standard. 23, pp.15-17 Cook, M,. (2001).   The renaissance of clinical leadership.   International Nursing, Cited in: Cornock,. M,. (2008) Where the buck stops. Nursing Standard. 12, 17 Vol 23 pp. 15-17 Department of Health (2000). The NHS Plan. London: Department of Health. 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Jackson, M,. (2004) Clinical Deligation Skills: A Handbook for Professional Practice, 3rd edn. Aspen Publications, New York. Hurley, J,. Linsley, P,. (2007) Leadership challenges to move nurses towards collaborative indavidulism within neo-corporate bureaucratic environment. Journal of Nurse Management. 15: pp 749-55 Goffee, R,. Jones,. G,. (2000) Why should anyone be led by you? Havard Buisness Review. 78(5) pp 63-70 Grimm, J,W,. (2010) Effective Leadership: Making The Difference. Journal of Emergency Nursing. Vol 36 (1) pp 74-77. Hargie,. O,. Dickson, D,. (2004) Skilled Interpersonal Communication: Research Theory and Practice. Routlege: Sussex. Hczynski, A,. Buchanan, D,. (1991) Organisational Behaviour: An Introductory Text 2nd edn. Prentice Hall: London. Hinchliff, S,. Norman, S,. Schober, J,. (2008) Nursing Practice and Health Care. A Foundation Text 5th ed Hodder Arnold: London. Johns, C,. 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The Limitations of Reason Exposed in Crime and Punishment :: Crime Punishment Essays

The Limitations of Reason Exposed in Crime and Punishment    Dostoevsky's   Crime and Punishment illustrates an important idea. The idea is that "reason," that grand and uniquely human power, is limited in reach and scope.   Social critic Friedrich August von Hayek commented once that, ". it may be that the most difficult task for human reason is to comprehend its own limitations. It is essential for the growth of reason that as individuals we should bow to forces and obey principles we cannot hopefully to understand, yet on which the advance and even the preservation of civilization may depend." Such limitations imply that on life's most important questions - particularly those of a moral or ethical nature -- reason alone can produce chilling consequences. Without adequate or any moral illumination, reason alone, when pushed to its limits, can produce consequences which stand dramatically opposed to those moral demands. Dostoevsky's   narrative is directed as a specific critique of Russian manifestations of purely rational political theories current in the 1860's in his homeland. But the challenge he poses has meaning for us at the end of the 20th century.    Dostoevsky's parable focuses on a particular brand of 19th century Russian ideology, as it begins to crystallize in the mind of a young idealist. But the modeling procedure Dostoevsky uses in teasing out the contradictions of Raskolnikov's unguided application of a morally bankrupt theory, could equally well be applied to contemporary thinking around several important and equally bankrupt modern ideas - ideas harshly criticized by thinkers such as Hayek.    Without direction - the source of which is ultimately beyond rational understanding - in the domain of the meta-rational -- reason-as-reason will, sooner or later, run aground. Directed reason on the other hand provides an orientation - an orientation that gives purpose and direction to inquiry -- by allowing us to select from an infinite range of possibilities the right path - the "right" reason.   Problems emerged for Raskolnikov then, and for us now when we deny the need to recognize, acknowledge and bow to external guidance.   The rational and the meta-rational must operate symbiotically: one pointing the way, the other uncovering the Truth.      Raskolnikov rationalized murder. We are appalled. Why? Each of us will attempt to answer in a different way. Fundamentally though I think that most of our answers boil down to the same idea.

Say Yes by Tobias Wolff & Bread by Sandra Cisneros :: Race Relationships Love

Say Yes by Tobias Wolff If two people love each other regardless of any difference they may have, then why are there† lots of things to consider†( paragraph 36)? Answer the question within the context of the story. According to the context, the â€Å"lots of things to consider† is referring to the race, background by the husband. In his opinion, beside whether love this person or not, race, ethics background is also a very important factor to consider whether they should marry or not. He stated that if two people are not from the same race, they are not in the same culture, they have different language. People from different race never know each other. Compare the husband’s actions to his wife’s reactions. Are these people understanding each other? If he had said yes, would their relationship have changed? If so, how? From the husband’s action to his wife’s reaction, they didn’t understand each other much even though the husband was trying to show how considerate he is. But he failed to understand what his wife truly wants to hear and wants to see in the conversation on the matter of â€Å"whether white people should marry black people.† In the husband’s view he thinks that it was ridiculous to think this kind of question when his wife asked him whether he will marry her if she were black. He thinks that it will never happen. If it happened, his wife will be another person but not the same her anymore. In his views, as he never think that this two race should get marry, he will not allow himself to fall in love or even date a black girl. He is telling the truth and trying to explaining that to his wife. However he failed to realized that that was not what his wife wanted to hear. In fact from the context we can guessed for his wife, it’s not the greatest m atter on whether white people should marry black people, what she matters is whether they love each other of not. For her, she thinks that if two people love each other, everything can be solved and race is not a big deal. She wants her husband to agree with this and showed that he will love her and marry her no matter what race she is. Bread by Sandra Cisneros This story, in some ways, is about crossing borders.

Outsiders: Gang Members

The need to belong is a fundamental need within all of humanity, and has played a key role in society since the beginning of time. The novel by S. E Hinton, ‘The Outsiders’ conveys this need and the yearning to feel social acceptance within us all. ‘The Outsiders’ comments on this inherent part of humanity through its realistic portrayal of teenage gang life, centering on the dependency of the gang members to feel a sense of inclusion and support from their gang. Insert The Outsiders plot line ‘The Outsiders’ conveys that the need to belong is apparent within everyone through the universality of the needs and views of the gang members.This conveys that finding a place to belong, as the characters do within their own gangs, is a basic aspect of man. These concepts are explored through the archetypal structure of the gangs represented within ‘The Outsiders’ that the audience is able to relate to, with the gangs clear hierarchy and the ir fierce loyalty and dependency present between the gang members. The novel depicts Ponyboy’s awakening to the true similarities between the rival gangs, and that although they brand themselves as polar opposites, both gangs at the heart are the same.It is slowly revealed that both gangs exist in order to give the teenagers a place to deal with society’s expectations and to feel a sense of inclusion, needs that the whole of society can relate to. The rivalry between the gang also signifies the universality of the gangs, as it is common throughout society for groups to bond themselves through a sense of ‘us versus them’, fulfilling the need within humanity for inclusion and camaraderie. There is also a strong tribal element within the gangs, as both gangs are male centered, territorial and resort to violence.This conveys the inherent need within humanity to belong, as tribes have formed since the beginning of time as an answer to this need. The tribal natu re of the gangs also conveys the gang member’s reliance on the gang and the support it offers them, as throughout history rejection from the tribe leads to death. The gangs instinctually resorting to violence also comments on the tribal nature of the gang, as they conform to primitive behavior of uniting against others. Hinton’s employment of point of view conveys to the audience Ponyboy’s personal opinions and discoveries about the true nature of the gangs.Through Ponyboy realizing the similarities between the gangs and questioning the violent nature of the gangs, the audience gains a greater understanding of the universality of belonging within a group and the inherent need to feel accepted within all of humanity. Although there is a universal element present in the gang life, there are also significant differences between the two rival gangs. These differences capture the importance of belonging as it focuses on the greaser’s loyalty, love and dependen cy within the gang that the SOCS don’t have.The Greasers’ need to belong, unlike the SOCS, stems from their alienation and exclusion from mainstream society. As the title conveys, they are ‘outsiders’, so the unity within the gang is much stronger as they have nowhere else to go. The sense of security created by the gang strengthens the relationships and loyalty between the gang members, making them more like a family then a group of friends. This is presented throughout the book, as the different greasers convey their allegiance to the gang and their willingness to put themselves on the line in order to protect a fellow gang member. When you’re a gang, you stick up for the members. If you don’t stick up for them, stick together, it isn’t a gang anymore. ’ Hilton’s employment of vernacular language and symbolism conveys the greaser’s loyalty to their gang as they mark themselves apart from the rest of society throu gh their appearance and slang. The greasers take a special pride in their long hair, a uniform for the gang of outcasts. The Outsiders conveys that more than anything, humanity feels a need to belong, through the range of characters and their different needs and connection to their gang.Hilton’s employment of characterization captures the drive behind man to belong, and what it can compel someone to do. Dally and Johnny are key examples of this, as their dependency on the gang is due to them not having a supportive family or another place to turn to. This is contrasted with the character of Darry, a more peripheral member of the gang who, due to his stable job and his history of athletic achievements, doesn't depend on the gang for self fulfillment and a life purpose. The Outsiders leads the audience to question the significance of belonging through the allegiance of the gang contrasted with biological bonds of family.Throughout the entire novel, Ponyboy struggles to find his place within the gang and within his family unit, as he fights with his brothers and feels alienated and unwanted. As Ponyboy tries to find his place within life, he turns away from his brothers and towards the support of the ‘greaser family’. Ponyboy’s journey is compared with Johnny, who is pushed away by his parents and looks to the greaser gang for family support and comfort. As Ponyboy gains an insight into Johnny’s life he in turn learns to appreciate his brothers and the sense of belonging they offer. It ain’t the same thing as having your own folks care about you† Johnny said simply. The need to belong is also explored in the Outsiders through the breaking up of the gang following the dramatic events that occur. Throughout the novel, the gang slowly collapses into a state of chaos, revealing to the audience the gang member’s dependency on the gang for their self identity and a reason for living. The gang is conveyed to have a s et structure at the beginning of the novel, each member having their own role within the gang.While the three brothers are the foundation of the gang, as they offer safety and hospitality to the other gang members, it is Johnny who is the heart of the gang, as the gang is tied together through their need to protect and love Johnny. As the bonds between the brothers begin to crumble, the fractures of the gang become apparent. It is the death of Johnny that leads to the gang collapsing and Dally’s suicide.This is conveyed through emotive language at the effect Johnny’s death plays on each character, â€Å"Soda looked like he was going to cry, Two-Bit’s eyes were closed and his teeth were clenched†¦ My heart was pounding in slow thumps. Dally’s suicide depicts his need of the gang, as he loses his will to live following Johnny’s death and the disbanding of the gang. Ponyboy enters a state of discord following the death of his friends that eventu ally allows him to move onto a state of reflection and growth as he realizes the significance of his belonging within his family and the importance of caring for the needs of his family and the gang in order to build a sense of solidarity and belonging. Insert Conclusion

Aboriginal Health in Canada: Historical, Cultural, and Epidemiological Perspectives Essay

The Canadian native aboriginals are the original indigenous settlers of North Canada in Canada. They are made up of the Inuit, Metis and the First nation. Through archeological evidence old crow flats seem to the earliest known settlement sites for the aboriginals. Other archeological evidence reveals the following characteristics of the Aboriginal culture: ceremonial architecture, permanent settlement, agriculture and complex social hierarchy. A number of treaties and laws have been enacted amongst the First nation and European immigrants throughout Canada. For instance the Aboriginal self-government right was a step to assimilate them in Canadian society. This allows for a chance to manage cultural, historical, economic, political and healthcare of the indigenous people communitiesCITATION Asc11 p 21 l 1033 ( Asch 21). The aboriginal people of Canada make up 4.3 percent of the total country population. This population is evenly spread amongst recognized 700 first nation bands that have divergent language and culture. The aboriginal population plays a great role in upholding Canada’s cultural heritage. History of Assimilation The history of assimilation of the Canadian Aboriginals trace back to the 18th century when Canada was still under the French rule. The call then was the urge to the Aboriginals to get assimilated into the Canadian culture. The attempts for assimilation climaxed in the early 20th Century that led to the eventual integration of the Aboriginals into the Canadian culture. It is believed that Canada was in violation of the human rights when they forced the aboriginals to get assimilated into a Eurocentric society. â€Å"There were instances of children being forced from homes into Christian schools. CITATION Asc11 p 22 l 1033 ( Asch 22)† This was violation of human rights. Different laws like the Indian Act and other treaties played an outstanding role in shaping Aboriginal relationship in Canada. The Indian Act led to a huge conflict of interest following its effect on the Indians living in Canada during its implementation. The Indian Act was a mechanism that strengthened the eviction of Indians ad also a means of displacing Indians from their tribal lands. On the onset of the 19th Century, land hungry Canadian settlers clustered in the coastal south of Canada and slowly moved into the neighboring statesCITATION Ngu11 p 238 l 1033 (Nguyen 238). Since most of the tribes occupying that area were the Indians, the Canadian settlers petitioned the Canadian government to remove them as they perceived them as an obstacle to expansion towards the west. The rationale for the Indian Act was that the southeast Indian tribes had no attachment to any particular land. However, this rationale ignored the fact the Indian tribes had vast crops of corn and lived in set tlements. Those who benefited from the Indian Act are the Canadian settlers who had immense hunger for Indian land. The Canadian Settler lured the Indian tribes into signing the treaty by guaranteeing them peace and integrity within the Indian territories. They primarily assured them that their lucrative fur trade would continue without any interruption. This in return improved Canada economy as it gave Canadian settlers access to southern lams that were rich in cotton. In addition, it also boosted Canada and global economy as it accelerated the industrial revolution. Canada was able to pay back its debts to its global partners through the improved efficiencies in cotton production and transportation for the large country. In general, Canadian citizens gained through improved living conditionsCITATION Not94 p 78 l 1033 (Notzke 78). There were many problems with the Indian Act. The treaty had many flaws and was based on indigenous foundations. Consequently, as the aboriginals lost their land, so did Canada lose its native culture? There was a substantial increase in slavery due to increased crop production and introduction of slave states occupied by aboriginals. The Act allowed the government to control most aspects of Native American life: resources, land, band administration and education. This treaty was based on the argument that Indians were stereotypes, barbaric, hostile and wandering people. The Act was a tragedy that caused thousands of aboriginals to leave behind their homes, crops and livestock and homes that had spiritual significance to them. This act spelt the end of aboriginal rights to live in Canada under their own traditional laws. The aboriginals were forced to concede and assimilate the law of Canada or leave their native lands. Forced to move out of their homelands, the aboriginals ended up in Oklahoma. Any attempts by the Indians to file for petitions turned futile as none of the courts ruled in their favor. The Government sent troops to force them out without giving them a chance to gather their belongings. The Canadian settlers tricked the Native Americans out of their land with false promises that they would live on their land in exchange for protected ownership of the remaining landCITATION Asc11 p 43 l 1033 ( Asch 43). Aboriginal Issues The forcefully introduction of the Western culture to the aboriginal people led to a cycle of physical, social and economic destruction of these people. Some of these issues include poverty and spiritual destruction as seen in modern day. The root cause of poverty amongst the Aboriginals started in as soon as they were relocated from their native land. The distribution of wealth among individuals in the world clearly shows the looming inequality with some people at the top of the income economy structure while some at the bottom. This translates into poor health, poverty, low levels of education, starvation and reduced levels of life expectancies. As soon as they left the reserves for the urban centers the aboriginal people were met with a new type of discrimination of racism that alienated them further hence condemning them to poverty levelsCITATION Fri02 p 29 l 1033 (Friesen and Friesen 29). â€Å"Statistical evidence show that half of the Aboriginal populis in Canada live below p overty†CITATION You06 p 83 l 1033 ( Young, Herring and Waldram 83). However there have been tremendous efforts by the Canadian public who have offered help to the growing Aboriginal people through initiatives that are meant to remove them from poverty Healthcare The arrival of the European settlers into Canada brought several foreign diseases that had a devastating effect on the Aboriginal people. Due the traditional society setting of the Aboriginal people healthcare was left for those who were felt to be deserving the chance the White settlers. The aboriginal medicine was way inferior to the newly developed medicine. With the growing racism in Canada the aboriginals lacked access to the requisite health that they needed. Federal and jurisdictional disputes have denied the Aboriginal people the necessary access to health care. There have been several reported incidences of infectious diseases that spread fast amongst the Aboriginal people. Employment The white settlement into the native’s lands resulted in the Aboriginals having a feeling of distrust and hate towards the white settlers. The white settlers on the other hand treated the Aboriginals with some kind of distrust and loathe and hence could not trust them with job opportunities. This resulted in an increased rate of unemployment amongst the Aboriginals. The increasing case of poor health was also contributory to the unemployment levels of Aboriginals. â€Å"From a 2001 Canadian statistic record, it revealed that the chances of Aboriginal youth getting employment opportunities was twice low in comparison to other Canadian youths†CITATION You06 p 173 l 1033 ( Young, Herring and Waldram 173). This highlights the plight of the aboriginal youths as regards to availability of employment opportunities for them. Community Problems Lack of Awareness on the disease and its effects on the lives of Aboriginals are the leading causes of the high rate of disease amongst Aboriginals. As a result of this, there have been numerous large scale campaigns raising awareness on this. The Canadian government’s vision is to discuss healthcare countrywide through the media. The lack of trust of the system and how it works is also contributory to woes the aboriginal people face. They do not trust the judicial system and the employment sector this leads to them falling as victims of the system. The distribution of wealth among individuals in the world clearly shows the looming inequality with some people at the top of the income economy structure while some at the bottomCITATION Ngu11 p 230 l 1033 (Nguyen 230). This translates into poor health, poverty, low levels of education, starvation and reduced levels of life expectancies. As soon as they left the reserves for the urban centers the aboriginal people were met with a new type of discrimination of racism that alienated them further hence condemning them to poverty levels. Conclusion It is critical for the Canadian government to step up its efforts in an endeavor of saving the aboriginal communities from extinction. Given their rich cultural background they could contribute positively to the economy in form of tourism. References Asch, Michael. Aboriginal and Treaty Rights in Canada. UBC Press, 2011. Young, T Kue, Ann Herring and James Burgess Waldram. Aboriginal Health in Canada: Historical, Cultural, and Epidemiological Perspectives. University of Toronto Press, 2006 . Cook, Eung-Do and Darin Flynn. â€Å"Aboriginal Languages in Canada.† Contemporary Linguistic Analysis (2008): 318-333. Friesen, Virginia and John W Friesen. Aboriginal Education in Canada: A Plea for Integration. Brush Education, 2002. Nguyen , Mai. â€Å"Closing the Education Gap: A Case for Aboriginal Early Childhood Education in Canada, A Look at the Aboriginal Headstart Program.† CANADIAN JOURNAL OF EDUCATION (2011): 229-248. Notzke, Claudia. Aboriginal Peoples and Natural Resources in Canada. Captus Press, 1994. Source document