Writer's choice Essay Example | Topics and Well Written Essays - 1000 words - 11

Author's decision - Essay Example The client coming into a store, the normal number of the client to stroll in Starbuck inside a time of one hour is 32. This is anyway founded on the normal as the principal hour, one client may enter while the second hour 8 client may enter and the worth may keep on changing with passing every hour. In this way, the Poisson dissemination model causes us to get a gauge of the client will enter inside the given hours. The information will be given by the opportunity of an occasion occurring, increased by the normal raised to the intensity of X, duplicated by the regular number; e brought up in the â€ve of the normal force which is again partitioned by the factorial of X. Kevin is one of the colleagues who apparently have a preference for shopping. For this situation we are going to screen the examples of her web based shopping utilizing eBay as the examination territory. The data got from his internet shopping propensities will be utilized to extend an examination that will represent when likely Kevin will go out on the town to shop on the web. Averagely, the time Kevin goes for shopping on the web is 2. 6. This incorporates the normal of when he would go for long hour and those he goes for only a brief timeframe. Having this information, it tends to be simple for us to decide the reasonable hood that he will go in the 2, 3, 4 or 5 hours. Jack is partial to utilizing the word â€Å"right† at whatever point he needs to effectively express his idea. I think it likewise gives him the certainty and the intensity of conviction at whatever point he is stopping for a moment to talk with the remainder of the individuals from the class. Utilizing the Poisson dispersion model, we can assess the probability that he is going to utilize the word â€Å"right† in his discussion. As from the past models, If there should arise an occurrence of Starbuck Hotel, the information can be of significance in deciding the measure of drinks and bites to get ready. From the perceptions, the customers are bound to come toward the evening and night hours. In addition, the

Business Model Canvas Analysis Of Travelport L ote - Samples

Travelport L ote is an association which is basic in tasks and gives a movement stage to the corporate voyagers. This association for the most part enables the movement administrators with the goal that they can drive the change and further accomplish a jump in the program efficiencies. The application doesn't just give a web based booking stage it further powers the work process and the highlights identified with a corporate travel. The application gives redid arrangements to the different degrees of authorities which can suit their particular needs. Globalization has caused numerous extensions in the organizations of different associations. This has prompted the foundation of workplaces of the associations in different nations (Ltd, 2018). These adjustments in the business condition further requires a great deal of movement for the business authorities. The application gives venture out bundles to the authorities of different levels as indicated by the costs that are allowed by the ir associations. The business ventures have b e a significant of the business tasks in the advanced financial condition. The application helps the business officials in arranging their work excursions by keeping a control on the expenses brought about. The pany offers an instinctive and basic stage which is intended for the new working procedure of the associations in the advanced condition (Joyce and Paquin, 2016).  ·Ã¢ â â â â â â â The substance makers or the clients who compose surveys of the inns are significant for the panu.  ·Ã¢ â â â â â â â The inns, cafés are significant accomplices of the business exercises of Travelport (Dudin et al.,â 2015).  ·Ã¢ â â â â â â â The travelâ the board panies identified with corporate explorers.  ·Ã¢ â â â â â â â The movement specialists who give tips to the clients.  ·Ã¢ â â â â â â â The movement organizations who wish to extend their business related exercises.  ·Ã¢ â â â â â â â  Enhancing the constructive outcomes of backhanded systems by the new audits gave by explorers.  ·Ã¢ â â â â â â â Enhancing the experience of the clients.  ·Ã¢ â â â â â â â Providing an incentive to the stage with the assistance of the mechanical development (Toro-Jarrã ­n, Ponce-Jaramillo and Gã ¼emes-Castorena, 2016).  ·Ã¢ â â â â â â â Improving the application and expanding the substance.  ·Ã¢ â â â â â â â Developing the accomplices and getting stages.  ·Ã¢ â â â â â â â Enhancing the incentive.  ·Ã¢ â â â â â â â Increasing the perceivability of the application in different web indexes.  ·Ã¢ â â â â â â â Observing the means taken by different associations.  ·Ã¢ â â â â â â â  The vision of the pany is to convey the experience that can rethink go identified with corporate requirements.  ·Ã¢ â â â â â â â The pany is driven by the enthusiasm to offer best types of assistance to the corporate clients.  ·Ã¢ â â â â â â â The worth gave to the explorers is identified with the decrease of costs identified with corporate travel (Vargas, Calva and Camacho 2015).  ·Ã¢ â â â â â â â The offer of the pany to the inns and different associations is identified with getting recorded for corporate travel choices.   ·Ã¢ â â â â â â â The inns enrolled in the application have the chance to build their income.  ·Ã¢ â â â â â â â The great audits gave by the corporate explorers improves their notoriety.  ·Ã¢ â â â â â â â The inns can utilize the application for promoting purposes (Aversa et al., 2015).  ·Ã¢ â â â â â â â The capacity to furnish extraordinary arrangements with the assistance of the application.  ·Ã¢ â â â â â â â  Increasing the trust of the corporate explorers.  ·Ã¢ â â â â â â â The authentic audits by voyagers in the application helps in making faithful clients.  ·Ã¢ â â â â â â â The motivation related strategies of the application for the inns who are their accomplices.  ·Ã¢ â â â â â â â  The application serves both the sides, the voyagers and the inns.  ·Ã¢ â â â â â â â The voyagers are fragmented dependent on their levels in the association.  ·Ã¢ â â â â â â â The flexibly side of clients are section dependent on the different degrees of inns (Plenter et al., 2017).  ·Ã¢ â â â â â â â The appraisals gave by the explorers are one of the significant assets of the application.  ·Ã¢ â â â â â â â The rundown of the accomplice lodgings.  ·Ã¢ â â â â â â â The significant assets of an application or site page are the client experience surveys.  ·Ã¢ â â â â â â â The site pages of the pany.  ·Ã¢ â â â â â â â The application of the association.  ·Ã¢ â â â â â â â The business group of the association.  ·Ã¢ â â â â â â â The notices in the web search tools.  ·Ã¢ â â â â â â â The costs identified with working of the application.  ·Ã¢ â â â â â â â The costs identified with selling of the administrations and limited time exercises of the application.  ·Ã¢ â â â â â â â The costs identified with the advancement of the application.  ·Ã¢ â â â â â â â The costs identified with obtaining of the accomplices of the application.  ·Ã¢ â â â â â â â  The first significant income stream of the application is identified with the benefits picked up from the accomplice inns.  ·Ã¢ â â â â â â â The publicizing income is identified with the advancements of the different inns in the application.  ·Ã¢ â â â â â â â The incomes earned from the memberships of the corporate explorers. The key connections between the nine structure squares of business lie in the manners by which the different regions of the pany bolster one another. The key exercises of the pany bolster the client connections that are created by Travelport L ote. The limited time exercises of the pany help in procuring clients for Travelport L ote. The assets that are controlled by the pany will likewise help in improving its generosity notoriety in the market. This will additionally aid the development related tasks of the application. The pany can expand its client base by offering improved types of assistance to the current clients (Fritscher and Pigneur, 2014). The client portions of the pany are identified with the income streams and the ways by which it works in the market. The incomes of the application are created from the associations of the different inns and cafés and the corporate explorers who book bundles in with the assistance of the Travelport application. The offer of the applicat ion is identified with the administrations gave to the clients and bundles intended for the corporate explorers. The costs identified with different activities of the pany incorporates the support of the application. These expenses are identified with the measure of benefits that are earned by the application (Gonã §alves and da Silva, 2017). The central point behind the accomplishment of Travelport L ote are the customized administrations given by the application to the different degrees of business experts. The trust that the clients or the explorers have on the pany is a key to the accomplishment of the association in the business. The straightforwardness and standpoint of the site of Travelport helps in drawing in corporate voyagers towards the application. The application offers types of assistance which are customized for the different degrees of business experts. The officials can control the costs identified with their work excursions. The explanation for this offer is the expansion of globalization and worldwide workplaces in the different nations. The costs identified with the excursions are additionally investigated by the associations and the Travelport application helps in keeping up the expenses (Fritscher and Pigneur, 2015). The adaptability identified with different methods of installment gave to the busin ess experts is another explanation identified with the accomplishment of the pany. The application additionally expects to deal with the nature of the different administrations that are given to the corporate explorers. The alluring offers and limits gave by the application on the bundles intended for the business administrators likewise add to the achievement of the pany inside a limited ability to focus time. The application additionally gives answers for the voyagers to lessen the movement cost identified with business tasks. The security estimates identified with business tasks are likewise taken by the application (Ghezzi et al., 2015). The significant issue that can be looked by Travelport in the market is identified with believe that should be picked up from the clients who are not utilized web based administrations. The security related issues that can happen in the online exchanges can be a significant issue for the application while offering types of assistance to the corporate voyagers. The authorities having a place with the seniorâ the board levels are reliant on different workers of the pany or the movement work area for their appointments identified with corporate travel. They are anyway more averse to use to the application to book their movement bundles. The nature of administrations that are required to be given to the corporate explorers should be kept up as they have a specific degree of movement related inclinations. The pany will be required to take extraordinary consideration about the bundles that they give to these corporate explorers (Zolnowski and Bã ¶hmann, 2014). The application is very ne w to the market and they have to give a lot of time to set up their activities in the business, this can be an issue identified with the incomes of the pany. The progressions that can made in the plan of action incorporates, the expansion in the quantity of accomplices or channel of the pany. Travelport can make partnerships with the movement work areas of the business associations so that can guide access to the movement related necessities of the officials of the diverse level

Explication of Dulce Et Decorum Est Essay Example

Explanation of Dulce Et Decorum Est Essay Example Explanation of Dulce Et Decorum Est Paper Explanation of Dulce Et Decorum Est Paper Explanation of Dulce Et Decorum Est SITUATION The sonnet doesn’t truly recount to a story, yet strolls through all the horrible circumstances through the eyes of an honest and shell-stunned trooper. It is told through a WWI veteran’s perspective in second individual. By looking at this â€Å"war† sonnet and Wilfred Owen’s foundation, it is sensible to accept that Own is discussing his experience during war. Along these lines making the speaker, he himself. Owen is conversing with everybody that doesn't have the foggiest idea about the sensible sentiment of war up in the forefronts. He horrendously communicates all the terrible scenes he needed to experience. Through recalling that it, his portrayal of the temperament is bleak and cold. It slaughters all feeling of euphoria and makes sure about one in pity and distress. With Owen clarifying his experience [the poem] of war, one can confide in the speaker. Tone: The speaker’s mentality toward the subject is unpleasant and brimming with melancholy, in light of the fact that he’s discussing his awful experience up on the cutting edges. The proper manner of speaking to recite this for all to hear is to peruse it in a modest, delicate and deferential voice. This is no sonnet that will be seen as a positive. Expressions including, â€Å"coughing like hags,† â€Å"ecstasy of fumbling,† and words like â€Å"coughing,† â€Å"drowning,† and â€Å"choking† provide some insight into the tone of this work. STRUCTURE Form: This sonnet is isolated into four verses. Rather than clarifying everything simultaneously, it similarly separates a huge piece of the speaker’s experience into every verse. This sonnet holds an ABABCDCD rhyme plot and doesn't follow the â€Å"free structure. The artist picked this structure for this sonnet since it makes it simple for him [the poet] to compose such a strikingly horrifying sonnet and permit it to be handily comprehended by the peruser. Development: The sonnet starts with the clarifying the how worn out all the warriors are all through the war, at that point goes into the battle they face; it later polishes off with the motivation behind why the fighters battled. The p ictures and thoughts created are for the most part sequentially organized on the grounds that it clarifies what occurred after the walking officers were hit by gas, at that point seeping to death. The poem’s disposition hovers back to a similar mentality held toward the start. It keeps on being inauspicious, tragic and dead. Language structure: This sonnet is isolated into nine sentences. In any case; these sentences are get confused towards the center and the end. They start with a moderate length, however carry on to be longer, particularly in the last verse. More often than not, the action words are before the things since it permits Owen to engagingly clarify what's going on, as opposed to outlining what is the objective [noun]. Accentuation: Punctuations including semicolons, commas, hyphens, shouts focuses, punctuations and colons all rest in this work. No, the accentuation doesn't generally corresponds with the finish of a beautiful line (enjambment); the majority of the lines end with a comma to add more to the idea in the accompanying line. This is one motivation to Owen’s muddled sentences. Truly, accentuation is in certain lines, since it gives more data to what the artist is attempting to state. There were various things that went on; in this way there is a great deal to state. Title: The title implies, it is sweet and option to bite the dust for one’s nation. This sonnet is about officers battling and kicking the bucket in war for their nation. Given that the title implies this, it depicts the motivation behind why troopers battle in war; to ensure and pass on for the nation. Language Diction: The language in this sonnet is basic yet formal. The straightforward language is especially obvious in the effectively justifiable and unmistakable language, and the formal is seen using the more mind boggling words and language of the time during the war. These sorts of dialects likewise consider the general state of mind of the sonnet. Through such enlightening and fascinating words, perusers can all the more likely comprehend the vibe of how dim and discouraging the war front was. Words like â€Å"blood-shod†, â€Å"coughing† and â€Å"sick of sin† individuals can all the more likely feel the sickening loathsomeness that happened during World War I. Inferences: There isn’t a ton of implication the same number of the references are of the genuine occasions to the hour of war. Nonetheless, the sonnet includes a reference of a dead man’s face to the fiends. He says that the man’s face resembles a â€Å"devil’s tired of sin†. Owen likewise makes a reference to the weapons of that time. He discusses the risk and fear brought by the â€Å"Five-Nines†. With such ground-breaking pictures and associations, one can all the more likely comprehend the awfulness and agony that more likely than not existed in that soldier’s life. Symbolism: most of the sonnet is making associations. This sonnet does not have certain elements, for example, a great deal of representation, however it compensates for these deformities using numerous illustrations and comparisons. Utilizing these, Owen enormously depicts the agony felt by the troopers and their â€Å"coughing† and infection all through the â€Å"green sea† of gas. These ground-breaking pictures make a superior image of the brutal states of battling in World War I. Melodic Devices Rhyme Scheme: The rhyme conspire all through the sonnet is ABABCDCDEFEFGHGHIJIJKLKLMNMN. This rhyming example is formal as each rhyming couplet is a genuine rhyme. They all fit superbly and Wilfred Owen even interlaces some inner rhyme, for example, â€Å"you too† in this sonnet. The rhyming examples all through make a superior stream for perusers as they better comprehend this poem’s meaning. Beat or Meter: There are a ton of examples of musicality in this sonnet. In the rhyme plot, there are ten manly rhymes with four ladylike rhymes tied in. This blend of rhythms shows the emotional distinction of the rhymes and adds with the impact of the discouraging tone of the sonnet. Wilfred Owen additionally utilizes other sound gadgets seen through his similar sounding word usage, for example, â€Å"Knock-kneed† and â€Å"someone still†. These similar sounding word usages make a superior stream and add accentuation to specific words. Owen additionally executes sound through sound similarity, consonance, and reiteration. Utilizing inside rhymes like â€Å"green sea†, redundant seems like â€Å"from the froth† and his rehashing words like â€Å"Gas! Gas! † Owen can make a more pleasant stream in his sonnet that keeps perusers progressively intrigued and concentrated on the general accentuation that these gadgets make. Utilizing sound and cadence, Wilfred Owen makes an all the more effectively and incredible comprehension of his general impact of this sonnet. This sonnet has changed our demeanor through Owen’s depiction of the cruelty that happened in World War I. This mentality change has likewise permitted us to see that it isn't in every case sweet and fitting to bites the dust for one’s nation. It isn't as honorable of a go about as initially told. Wilfred Owen’s gadgets help make this overwhelming climate that has permitted to all the more likely comprehend the genuine feel of life on the warfront. Dulce et respectability est expert patria mori represents Sweet and fitting it is beyond words ones nation. Composed by Wilfred Owen, Dulce et Decorum est is about the real factors of war. War isnt consistently as sweet and fitting as some would persuade. Rather, in war, everybody included is influenced: each warrior, each relative, and each individual trapped in the crossfire. Fighters face torment and enduring that a customary individual can not comprehend with die-hard optimism.

Is Legal Reasoning Different from Political Reasoning - Free Essay Example

Theory of Law Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own purposes and model in the society. [1] Therefore, it is unlikely that they share common philosophy and practices. However, like most other disciplines in the society, sometimes law and politics overlap to achieve a common goal, sometimes they complement each other and at other times, they contradict each other. For example, the differentiation of adversaries has no ground in the law and politics dominates over the rule of law when this occurs. [2] Therefore, the goals, philosophy and practices in both systems do not entirely agree, hence reasoning in both systems must be different also. Tradition view The conventional view can be described as that political reasoning features consideration to political parties, social movements, public media, the legislature and the government, and politicians create their own normative ideology that defines and guides the behaviour of the society. [3] James defines legal reasoning as an approach employed by legal officials to identify and apply legal rules to circumstances in order to solve legal cases, and that there are unique characteristics of legal reasoning which set it apart to other forms of reasoning, such characteristics include laws and precedents.[4] The key in legal reasoning, according to Sunstein, is that legal officials are uninterested in all-encompassing principles, they disagree on intrinsic values but are authorised with power to produce judicial solutions to multidisciplinary issues based on incomplete theorised agreements. [5] It is not necessary for politicians to consult history and polities set by previously elected pol itical parties, but to follow personal values, moral beliefs and ideology of their political parties, and they can make adjustments to policies or turn them around.[6] The traditional view is that judges, on the other hand, follow the doctrine of stare decisis and the common law tradition. [7] This means that they are bound to make judicial decisions based on three obvious legal reference points, namely the statutes, precedents and other legal resources.[8] It is obvious that under majority of circumstances judges are able to solve court cases consulting these reference points, however there are times when these reference points do not immediately present satisfactory solutions for certain cases. This essay will examine two situations that judges may face in courts, namely, (1) when existing rules are unclear on circumstances not encountered before, and (2) when application of a rule clearly leads to injustice. When these situations arise, can and do judges turn to political reasoni ng based on own morality, values and beliefs? Can they make adjustments to existing laws and can they make new laws? Shaping of modern day legal system The latter question à ¢Ã¢â€š ¬Ã…“can judges make adjustments to existing laws and can they make new laws?à ¢Ã¢â€š ¬Ã‚  sprouts empirical and conceptual answers. Empirical observations is that both politicians and judges have contributed to the shaping of the legal system today, and will continuously shape it as our society changes, just in different ways. [9] Hayek observed that there are two factors in law making: the common law approach and legislation. The common law approach is the bottom-up method facilitated by judges as a result of reactive trial-and-error to achieve justice in the court at ground zero. [10] The legislation is a top-down method of creating laws without gaining public consent. [11] Hayek argues that the common law approach yields gradual and impactful improvement while legislations tend to bring sudden and rapid changes with targeted and short-term outcomes. [12] Therefore, the law does change and that both judges and politicians play a part, only in dif ferent geographical locations, time and with different approach. Conceptual answers of how judges should reason in adjudication and to what extent are proposed by different legal theorists, they have strengthened the nature of legal reasoning and the role and authority of judges and these views will be discussed to gain insight to the former question, à ¢Ã¢â€š ¬Ã…“can and do judges turn to political reasoning based on own morality, values and beliefs?à ¢Ã¢â€š ¬Ã‚  in situations (1) when existing rules are unclear on circumstances not encountered before, and (2) when the application of a rule clearly leads to injustice. Theories of adjudication The way that legal officials approach in shaping the legal system in courts is proposed by many legal theorists. Due to the fact that legal officials carry out this task in courts using legal reasoning pursuing resolutions on court cases, the approach is termed theories of adjudication by Hart. Formalism Formalists answer the question of whether judges should turn to using non-legal principles when the application of a rule clearly leads to injustice in unambiguous cases. Formalists are influenced by democratic values[13] and they make a normative claim that judges should make judicial decisions entirely based on black letter laws whenever it is clear and applicable, regardless if it yields irrational and unmerited outcomes. [14] Formalism has not accounted for cases that are obscure when legal resources exhaust. Atiyah maintains that when straightforward application of law leads to injustice the Parliament is still the only entitled body to change the law.[15] The disadvantage of this approach is apparent that interpreting rigid rules acontextually is a nave activity that neglects the uniqueness of each court case, and formalist judges are criticised for not performing their best duty to achieve justice. [16] One advantage of a formalistic approach illustrated by Wellington is tha t judges must be neutral towards the decision-making because morality, values and beliefs because these principles are only transient, meaning that they are only best at one point of time and may not be best at another. [17] Similarly, Schauer disapproves allowing judges to deviate from black letter rules when the rules are clearly applicable because judges often makes more mistakes when permitted to interpret and apply clear rules freely. [18] He also emphasises that the realism trend threatens the authority of legal rules and reduces predictability, subjecting the public to uncertainty of whether certain behaviours are lawful or not. [19] Langdell was a formalist whom puts less emphasis on judges always follow clear rules, but promotes that right judicial decisions can be made logically by deductive application of the law to known facts. [20] Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s doctrine of discretion It is Hart whom distinguished the theory of adjudication apart from theory of law. Hart provides guidance as a positivist to both situations when existing rules are unclear on circumstances not encountered before, and when the application of a rule clearly leads to injustice. Hart terms the first scenario as à ¢Ã¢â€š ¬Ã…“easy casesà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“core casesà ¢Ã¢â€š ¬Ã‚  and the second situation challenges in solving à ¢Ã¢â€š ¬Ã…“hard casesà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“penumbraà ¢Ã¢â€š ¬Ã‚ . [21] He terms this phenomenon as a gap in the law. [22] In easy cases, Hart argues that the linguistic meaning is self-explanatory and no interpretation is needed.[23] Bell terms Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of adjudication in hard cases as the à ¢Ã¢â€š ¬Ã…“interstitial legislator modelà ¢Ã¢â€š ¬Ã‚ .[24] In hard cases, Hart argues that judges are free to interpret the law to his or her discretion. [25] In fact, he says that judges are obliged to find reso urces outside of the legal references points when challenged with a penumbral situation when rules do not seem to be applicable immediately or become unclear in their linguistic context.[26] Hart does not rule out that moral principles may be of use in these situations when existing legal references exhaust or become indeterminate, although he maintains that moral principles are not necessarily included in judicial decision-making. [27] However, Hart says that the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ discretion is not arbitrary and not without constraints. He or she must practice reasoning similar to politicians when selecting non-legal rules or standards to be used. [28] In making this normative claim, Hart admits that most of the time the result of the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ discretion are adjustments of laws in the existing legal framework and not law reforms. [29] Fuller disagrees with the peculiarity between core and penumbra as proposed by Hart and expresses that rules always consist of purposes behind its language and judges are always relying on the purposes to make decisions in so termed à ¢Ã¢â€š ¬Ã‹Å"easyà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"hardà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases anyway, there is no need to source reference outside law when solutions are available within law itself.[30] Therefore, it is consistent for and the responsibility of judges to discover meaning behind laws applicable to all cases. [31] Fuller argues that law is not paired with their language but their underlying purposes and that judges intelligently interpret and obey to these purposes. [32] Schauer disagrees about context ambiguity and emphasises that language has acontextual meaning embedded in itself and it is possible that its meaning is communicated effectively without ambiguity to those who share the same language competency, other times it may render to vagueness due to its indeterminacy but not due to its linguistic flaws.[33] He argues that the language of law is frequently suf ficient in producing determinate solutions and that even when it is vague it does not suggest immediately that the answer lies elsewhere. [34] Dworkin disagrees with the need of judges to use political reasoning when legal rules do not suffice and that they are creating new laws, they are merely declaring a new way of applying existing laws. [35] He argues that Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s permission of judges to make new laws is unfair as defendants are then subjected to new laws retroactively and these new rules hold parties liable without their prior knowledge. [36] Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s purposive approach As mentioned above, Fuller rejects Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s distinction between easy and hard cases and his claim that rules can be applied as its plain linguistic meaning. [37] Fuller asserts that rules are always identified with their purpose and not by their language, no matter in easy or hard cases. [38] Therefore, for Fuller, when existing rules are unclear on circumstances not encountered before, and when the application of a rule clearly leads to injustice, the straightforward answer is to seek the purposes of the rules and not judge in contrary. Schauer argues that there are still acontextual meanings in rules that can be understood in its plain language by similar group of people. [39] He agrees with Hart that rules maybe obscure generating hard cases and that sometimes judges neglect clear meanings and make mistakes. [40] Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“the rights modelà ¢Ã¢â€š ¬Ã‚  Dworkins approach to adjudication is termed à ¢Ã¢â€š ¬Ã…“interpretative approachà ¢Ã¢â€š ¬Ã‚  and its essence lies in his defence of the traditional view regarding the role of judges and his supplement theory that judges are not to make new laws but to identify pre-existing law. [41] His later work, the theory of law as integrity, aims to fuse positive doctrinal theory and normative theory so that judges interpret the meaning of the law the best that it can be. [42] Bell terms Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of adjudication, irrespective of the type of cases faced, as à ¢Ã¢â€š ¬Ã…“the rights modelà ¢Ã¢â€š ¬Ã‚ , in which he stresses that judges can develop new principles for existing rules but that the fundamental difference between judges and legislators is that judges focus on peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights and the legislators concern public interest. [43] With such focus on peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights, the protection of the freedom of individuals is maximise d even though the result may not be desirable for public interest. [44] In order to protect the peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s right, Dworkin promotes that judges are entitled to interpret the rules according to their principles, including morality, values and beliefs. As an anti-positivist, he believes that moral principles are necessary behind every rule while agreeing with Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s proposed primary and secondary rules. [45] Therefore, Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s view agrees with Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"purposive approachà ¢Ã¢â€š ¬Ã‚  that there is no such categorisation of easy and hard case because the approach to adjudication is the same. Dworkin and Fuller claims descriptively that judges in fact do not distinguish their role in adjudication of easy and hard cases, they always interpret, or discover the purpose behind the law according to their best discretion and apply them to cases in new ways. [46] This is also one of his criticisms towards Hartà ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢s interstitial legislator model. Criticisms of Dworkin are included in the remarks about the ideal judge he illustrates, Hercules, is actually making new law in core cases freely as oppose to be drawing legal principles from the rules.[47] The predictability and applicability of Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory is also challenged because of the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ free adjudication and the fact that most cases are of the easy kind.[48] Finnis criticises Dworkin similar to Wellington made to positivism [49]in what fit with the past and moral value may not be consistent, there is no right answers to dispute, only the most appropriate chosen at the time by the judge. [50] Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s view of the existence of right answers to legal questions was challenged by moral pluralism in which there is no right or wrong answers but the most appropriate answers at time. Even then, the decision made is imperfect and may generate regrets anyhow. [51] Dw orkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory that laws possess moral values also falls short in the case of wicked legal system. Dworkin is unable to explain if these laws are not enforceable and why. The consensus model The consensus model cited by Bell mainly describes an attitude judges should possess when making judicial decisions in courts. There are two main characteristics of this attitude. Firstly, Bell draws the idea from Baron Greene that the attitude of merely adapting principles to distinct situations is to be maintained and ultimately legislations and policies remain unchanged. [52] Secondly, judges are accountable representatives of the public and hence they propose these adaptations from the bottom-up approach, unlike policy-makers who see from the superintendentà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective and create laws using the top-down methodology. [53] There are no grounds for law reform at the judicial level, instead the adaptation of laws overtime in a development process building on the existing legal framework. [54] Therefore, when application of clear rules to obvious cases leads to injustice, or that when legal resources exhaust, the judge seeks to make decisions based on existing law s and harmony. The weakness of this model is that judges are merely a small pool of selected people of a pluralistic society and they are unable to truly represent the world at large. [55] Realism The most renounced realism supporters are Felix Cohen, Jerome Frank, Karl Llwellyn and Herman Oliphant. [56] Realistsà ¢Ã¢â€š ¬Ã¢â€ž ¢ sceptical view to the determinacy of the law leads to their theory of adjudication that judges have the ultimately authority to make decisions based on non-legal resources and to supersede legal rules. [57] Realists therefore support that rules are supplementary and act merely as predictions when plain application of these rules leads to injustice, or when there is no rule available for new situations. [58] They disapprove Langdellà ¢Ã¢â€š ¬Ã¢â€ž ¢s notion that legal rules always derive correct outcome and regard laws as mythical and are insignificant in judicial decision-making. [59] Furthermore, they strongly opinionated that laws are in fact incompetent to solely depend on in courts. [60] Realists are similar to Austin in taking the reductionist approach in theory of law, and in identifying law with what the sovereign commands, but Austinà ¢Ã¢ ‚ ¬Ã¢â€ž ¢s sovereign lawmaker is the legislature while realistsà ¢Ã¢â€š ¬Ã¢â€ž ¢ sovereign lawmaker is judiciary. [61] Hart accuses realists of neglecting the normative conviction of rules that at least must be internalised by legal officials, and of their implication that courts do not make mistakes. [62] Dworkin also holds an unfavourable charge to realismà ¢Ã¢â€š ¬Ã¢â€ž ¢s result-driven and pragmatic approach to judicial decision-making. [63] As highlighted by Geoffrey de Q Walker, realists need to justify if the value of judges is acceptable, and to explain the power-conferring rule to judges who are not elected like politicians. [64] Conclusion There are apparent differences between legal reasoning and political reasoning in judicial decision-making and the nature and level of differences have been argued over decades by legal philosophers. Some notable theories emerged were formalism, Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s doctrine of discretion, Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s purposive approach, Dworkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“the rights modelà ¢Ã¢â€š ¬Ã‚ , the consensus model and realism. Bibliography John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) Miro Cerar, à ¢Ã¢â€š ¬Ã‹Å"The Relationship Between Law and Politicsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 15(1) Annual Survey of International Comparative Law Joanathan Crowe, Legal Theory (Thomson Reuters, 2nd ed, 2014) Nickolas James, Rachael Field, à ¢Ã¢â€š ¬Ã‹Å"Thinking skills: Legal Reasoningà ¢Ã¢â€š ¬Ã¢â€ž ¢ in The New Lawyer (John Wiley Sons, 1st ed, 2013) Denise Meyerson, Jurisprudence (Oxford University Press, 2011) Anthony J. Sebok, Legal Positivism in American Jurisprudence (Cambridge University Press, 1998) Lawrence Solum, Positive and Normative Legal Theory (9 June 2013) Legal Theory Lexicon , https://lsolum.typepad.com/legal_theory_lexicon/2003/12/legal_theory_le.html Cass R Sunstein, Legal Reasoning and Political Conflict (Oxford University Press, 1st ed, 1996) [1] Miro Cerar, à ¢Ã¢â€š ¬Ã‹Å"The Relationship Between Law and Politicsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 15(1) Annual Survey of International Comparative Law 19, 20. [2] Ibid 19. [3] Ibid 20-1. [4] Nickolas James, Rachael Field, à ¢Ã¢â€š ¬Ã‹Å"Thinking skills: Legal Reasoningà ¢Ã¢â€š ¬Ã¢â€ž ¢ in The New Lawyer (John Wiley Sons, 1st ed, 2013) 267. [5] Cass R Sunstein, Legal Reasoning and Political Conflict (Oxford University Press, 1st ed, 1996) 191. [6] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 60. [7] Joanathan Crowe, Legal Theory (Thomson Reuters, 2nd ed, 2014) 110-2. [8] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 60. [9] Joanathan Crowe, Legal Theory (Thomson Reuters, 2nd ed, 2014) 110-1. [10] Ibid. [11] Ibid. [12] Ibid 111-2. [13] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 146. [14] Ibid 144. [15] Ibid 148. [16] Ibid 145. [17] Anthony J. Sebok, Legal Positivism in American Jurisprudence (Cambridge University Press, 1998) 194. [18] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 146. [19] Ibid. [20] Ibid 184. [21] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 136-7. [22] Ibid 137. [23] Ibid 62. [24] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 17. [25] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 148. [26] Ibid 136-7. [27] Ibid 137. [28] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 17. [29] Ibid. [30] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 138. [31] Ibid 142 [32] Ibid 143-4. [33] Ibid 140 [34] Ibid 140-1 [35] Ibid 149. [36] Ibid 145. [37] Ibid 137. [38] Ibid. [39] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 140. [40] Ibid 141. [41] Ibid 60. [42] Lawrence Solum, Positive and Normative Legal Theory (9 June 2013) Leg al Theory Lexicon , https://lsolum.typepad.com/legal_theory_lexicon/2003/12/legal_theory_le.html [43] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 16-7. [44] Ibid. [45] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 150. [46] Ibid 145. [47] Ibid 175. [48] Ibid. [49] Anthony J. Sebok, Legal Positivism in American Jurisprudence (Cambridge University Press, 1998) 194. [50] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 180. [51] Ibid. [52] John Bell, Policy Arguments in Judicial Decisions (Oxford University Press, 1983) 10-13. [53] Ibid. [54] Ibid 13. [55] Ibid. [56] Denise Meyerson, Jurisprudence (Oxford University Press, 2011) 183. [57] Ibid 183-5, 191. [58] Ibid 183-7. [59] Ibid 185. [60] Ibid 188. [61] Ibid 186. [62] Ibid 187. [63] Ibid 196-7. [64] Ibid 197.

Intercultural Communication Through Sports Diplomacy Free Essay Example, 1500 words

On the other hand, using sport in changing public relations or political relations is a means through which nation brand themselves. For instance, the 2014 Olympics games in Russia were overshadowed by Vladimir Putin s passing of anti-gay laws before the games kicked off (Persson Petersson, 2014). Putin had to respond to public and media attention. In response, the USA media portrayed how Russia was not in the same league of human rights as the rest of the world. Therefore, the Russian example shows how sporting events are being used as platforms for airing political differences and also at the time being crucial to influencing other societies to embrace tolerance. Nonetheless, the fight for political supremacy through sports entails engaging in intercultural communication where nations use language that is accepted by the rest of the world as a community (Allen, 2011). For instance, in the Russian scenario, the country is against homosexuality through the Olympic Games was used to encourage the country to embrace cultural diversity, even though, the Russian society has a strong disliking for such personal views and orientation. The United States has always embraced sports diplomacy as an important vehicle for strengthening relations with other nations. We will write a custom essay sample on Intercultural Communication Through Sports Diplomacy or any topic specifically for you Only $17.96 $11.86/page In effect, sports have the potential for teaching people communication skills, especially in the intercultural contexts.

Jordan Berger. Mrs. Voshell. Honors English 10. 6 January

Jordan Berger Mrs. Voshell Honors English 10 6 January 2017 Five Scenes of The Scarlet Letter The five most important scenes of The Scarlet Letter were first, Hester holding baby Pearl being shamed on the scaffold right in the beginning. Second, when Chillingworth found out that Dimmesdale was the man who committed adultery with Hester. Third, when Hester and Dimmesdale were in the forest talking about fleeing and living with only each other and Pearl. Fourth, in which Dimmesdale finally reveals his sin to the public as he is on death’s bed. Finally, the last most important scene of the novel, is the â€Å"happy ending† when everything gets wrapped up. The first most important scene of The Scarlet Letter is in the beginning when†¦show more content†¦Ã¢â‚¬Å"The action of the novel is completely interactions among four persons in a particular environment that is also presented in its own terms† (College English 12). The interaction between Chillingworth and Dimmesdale in the novel represents the weak and the s trong in terms of doing what is right and being honest with yourself. The third most important scene, which has a great impact in The Scarlet Letter is when Hester and Dimmesdale meet in the forest and talk about making plans to run away from Boston and live together. Dimmesdale is getting very weak from his own guilt and Hester thinks it is best for them to just go away from everything. Also Dimmesdale is noticing that Pearl is starting to resemble him and people will soon start finding out. Hester shows a change in character when she decides to take off her scarlet letter, throw it across the forest, and take off her head cap to let down her beautiful hair once more. It has not been since the beginning of the novel since Hester has had her hair down and showing her beauty on the scaffold. Meanwhile, Pearl is getting upset and throwing a fit towards Hester because she does not recognize her mother without her hair up and the Scarlet Letter, since it has been there her whole l ife. She refuses to do anything her mother says until she puts the scarlet letter back onto her bosom. â€Å"Will he go back with us, hand in hand, we three together, into

Education Teaching Plan

Question: Write an essay on Education? Answer: Introduction The essay is all about the teaching plan adopted by Australian teacher and different factors which teaching plan is dependent. As stated by Barber (2010), effective teaching always require proper planning and while planning a teacher decided what to teach and which methods should be adopted for teaching. The factors on which teaching plan and methods depend are syllabus, needs of student learning, that is literacy level and improvement area of a student. In Australia teaching plan is to be decided by taking into consideration national professional standard for Australian teachers (Barber, 2010). The essay is having brief analysis of the factors which affect the teachers plan and methods which they are going to adopt for teaching (Aitsl.edu.au, 2015). Part A Syllabus As recommended by Australian Curriculum Lessons (2014), before planning their teaching plan and methods, teachers of Australia needs to evaluate the syllabus and their students literacy level. In Australia education, curriculum standard and quality of teaching is decided by Board of Studies teaching Educational Standards NSW. Syllabus helps teachers as well as students to know what they are going to teach and on what students have to focus. Again as recommended by Aitsl, syllabus helps teacher in developing proper communication among the students and teacher while teaching process (Yates, 2015). Teachers of Australia before starting main educational course decide syllabus to systematize their thoughts and approach towards their subject or topic. Syllabus helps teachers as well students know the focus area regarding subject (Barber, 2010). The essential elements of good syllabus are as course or subject topic, teaching schedule and plan and methods which teacher would be adopting for teaching. Syllabus decided by teacher help them in providing the framework which will be used in teaching. Yates (2011) commented that teaching process initial step is planning syllabus and providing it to all students so that they can find the area of learning. On the other hand syllabus helps students to know their improvement areas on which they have to focus more and the level of literacy in all the subject or topic which is going to be taught in whole learning process. Student learning needs Australian Curriculum Lessons (2015) mentioned that before deciding the syllabus, it is very much necessary for teacher to analyze the level of literacy of students regarding each subjects and topic which they will include in syllabus. As stated by Barber (2010), every student learning capability is different and the level of literacy regarding subjects and topic are also different of every student, so teacher before starting new learning session should analyze the disability area of each student so that it can be given special attention. Mental level of every student is different from each other, so teacher before planning any learning plan should evaluate each and every student learning disabilities, command over any subject if they are having, favorite subject or topic which they like studying more. Learning session can only be started when teachers are well known with their students learning needs and requirement. Every student has different learning needs and learning requiremen t as their stated by Barber (2010), mental level of each student is different. It is also the fact that learning needs analysis helps both teacher and student to identify their area of interest, improvement and others, every teacher adopt their own methods for leaning needs analysis some common methods used by teacher are 360 degree appraisal method, critical incident review, questionnaire, face to face interview and other (Boardofstudies.nsw.edu.au, 2015). If a teacher is unaware of students learning needs then they cannot plan proper teaching plan. Past assessment data collected by teachers about students As said by Forthe (2012), past assessment data analysis method will help teacher to know students past performance in subjects, it will also help teacher to know about the strength and weaknesses of students regarding the subjects. Past assessment help teacher to know about their students area of interest and the subject which they like more. Lesson plan decided by teachers are dependent of students area of interest, level of literacy of student and disability in any subjects (Yates, 2015). Teachers can collect their students past performance record by evaluating their past class exams, projects and other class activities performance. Forthe (n.d.) stated that if teacher has to plan effective teaching lesson they have to evaluate students past performance outcomes, level of literacy, learning disability and other factors. Past assessment data collected method help teachers to know in-depth about their students and behavior regarding studies which help teacher while planning effective learning session. Collecting past assessment outcomes data will help to decide teachers their priority regarding subjects as per students disability in subjects. As commented by Leonard (2012) to decide present learning plan teachers have to analysis and evaluate the past outcome of students in every subject. Teacher does past assessment data collection to prioritize their subjects and know their students background, interest level in different subjects, level of literacy and other factors. National professional Standards for Teachers National professional standard help Australian teachers in developing their learning plan, practices which they will follow while teaching and other. Every teacher has to follow the standards mentioned by National professional standard of Australia for teaching (Leonard, 2012). As stated by Yates (2015), these standards help teacher to analyze their quality of teaching and the standard, if any disability or lacking behind factor is found teachers can easily change their learning plan. National professional standards for teachers provide frameworks which help them while planning their learning plan and activities (Barber, 2010). It helps teachers in knowing the professional practices, activities, which teacher will perform while their learning process. As mentioned by Mazawi Sultana (2010), learning plan can only be effective and good if it follows all the standards and rules mentioned by National professional Standard for teachers in Australia. National Professional standards for te achers define what Australian teachers have to do to make their learning plan effective for each and every student under them. Different strategies are mentioned by national professional standard which help teachers to design their effective learning plan. National professional standard for teachers work as book of rules and regulation which every teacher and education organization of Australia have to follow. Part B Lesson plan The lesson plan chosen for this assignment is foundation science plan which is as Integrated and Interactive Science Unit. This lesson plan was included in science learning plan to make students aware of all the fields which are related to science and important of science (Mazawi Sultana, 2010). As stated Morphew (2012), integrated and innovative science plan was developed as part of classroom theme. This lesson was included in classroom so that all students are aware of animals, plants and other living things in the environment. The main responsibilities of teacher were to organize different activities and events so that students come to know more about their environment and surrounding. Analysis of above mentioned four factors regarding the selected plan The four factors on which learning plan depend are syllabus, student learning needs, past assessment data collection by teachers and National professional standard for teachers. It is the fact that to make any learning plan effective teacher have to decide proper syllabus after analyzing the students area of interest and level of disability regarding the subject (Nswteachers.nsw.edu.au, 2015). The lesson plan chosen is Integrated and Interactive science unit which is having proper syllabus regarding various subjects as science, technology, mathematics, English and etc. Every subject is having its own focus area and the syllabus or course length is decided as per their focus area. The length of integrated and interactive science unit is of nine weeks in which every student will be assigned with different task, the task allocate will be regarding animals, plants, surrounding and environment (Barber, 2010). The learning plan chosen is focusing all three factors which are as syllabus of the plan, student learning needs and national professional standards for teachers but it is lacking in only one factor i.e. past assessment data collection of students (Yates, 2015). To implement past assessment data collection method by teachers in this learning plan teachers have to initially collect all the data regarding each student from the various social activities conducted in which they participated. As stated by Swartz (2013), past assessment data will help teacher to know the expertise area of each student and later by using this information they can assign activities to them (Splash.abc.net.au, 2015). The activities involved in integrated and interactive science lesson plan are as students will be provided with living and non living thing book which they have to complete and then students have to plant different trees and write down its role in environment protection. Conclusion Teaching plan depends on different factors which are as syllabus of the study, student needs for learning, past assessment data collection done by teachers and National professional standard for teachers (Yates, 2015). There are many other activities involved in this plan which will help students to know about animals, plants, other living creatures as well as non living creatures. References (2015). Retrieved 22 March 2015, from https://www.australiancurriculumlessons.com.au/wp-content/uploads/2014/08/Science-Unit-Living-Things-9-Weeks.pdf Aitsl.edu.au,. (2015). Retrieved 22 March 2015, from https://www.aitsl.edu.au/docs/default-source/default-document-library/aitsl_national_professional_standards_for_teachers Aitsl.edu.au,. (2015).Standards | Australian Institute for Teaching and School Leadership. Retrieved 22 March 2015, from https://www.aitsl.edu.au/australian-professional-standards-for-teachers/standards/list Australian Curriculum Lessons,. (2014).Integrated and Interactive Science Unit on Living Things for Years F/1/2 - Australian Curriculum Lessons. Retrieved 22 March 2015, from https://www.australiancurriculumlessons.com.au/2014/08/17/integrated-and-interactive-science-unit-on-living-things-for-years-f12/ Australian Curriculum Lessons,. (2015).Australian Curriculum Lessons - Lesson Plans, Teaching Resources and more. Retrieved 22 March 2015, from https://www.australiancurriculumlessons.com.au/ Barber, L. (2010).An education. Bath: Windsor. Boardofstudies.nsw.edu.au,. (2015).About BOSTES - Board of Studies Teaching and Educational Standards NSW. Retrieved 22 March 2015, from https://www.boardofstudies.nsw.edu.au/about/ Forthe, D. (2012).Technology, policy, and school change: the role of intermediary organizations. Los Angeles, California: University of Southern California. Forthe, D.Technology, policy, and school change: the role of intermediary organizations. University of Southern California. Leonard, S. (2012). Professional Conversations: Mentor Teachers Theories-in-Use Using the Australian National Professional Standards for Teachers.AJTE,37(12). doi:10.14221/ajte.2012v37n12.7 Mazawi, A., Sultana, R. (2010).World yearbook of education 2010. New York: Routledge. Morphew, V. (2012).A constructivist approach to the national educational technology standards for teachers. Eugene, Oregon: International Society for Technology in Education. Nswteachers.nsw.edu.au,. (2015).BOSTES Teacher Accreditation - Australian Professional Standards for Teachers. Retrieved 22 March 2015, from https://www.nswteachers.nsw.edu.au/publications-policies-resources/publications/australian-professional-standards-for-teachers/ Splash.abc.net.au,. (2015).News and Articles - ABC Splash. Retrieved 22 March 2015, from https://splash.abc.net.au/newsandarticles/?WT.srch=1WT.mc_id=Corp_Innovation-Splash%7cLessonPlan_AdWords_:lesson%2520plans%2520for%2520teachers_b_g_41271758239_gclid=Cj0KEQiAneujBRDcvL6f5uybhdABEiQA_ojMgkFVGO0p_qot2H-2gbtKV4z0dzF7qXAlA33xIW0Z5yQaAjgD8P8HAQ Swartz, J. (2013). David Nunan: Syllabus Design.Per Linguam,5(1). doi:10.5785/5-1-451 Yates, B. (2015).Learning Needs Analysis.Assetproject.info. Retrieved 22 March 2015, from https://www.assetproject.info/learner_methodologies/before/learning_analysis.htm