Saturday, January 25, 2020
Mr Rochester Character Analysis
Mr Rochester Character Analysis Edward Rochester does not resemble a hero portrayed in fairy tales, characters who remain static throughout the plot. He is rather a dynamic and round character that changes notably. He has values that are far from freedom, respect, and integrity. In his behaviours to Jane, one can notice dramatic changes. First of all, his being passionate, guided by his senses rather than his rational mind, drags him to marry an insane woman. The situation of being married to a mad woman, and further being lied to by his own family for money matters, makes him an outcast despite of his high social status. He feels trapped and all the lies Rochester believes soon form a sense of distrust, and cause him grow more and more distant from society. Secondly, Rochester is a cynical rebel who refuses to accept and yield to the orders of society. It is only when he meets Jane, a woman who is intellectually equal to him and morally superior than him and who understands his true nature, that his sensitivity is revealed. He completely fails to notice his social rank and ignores others opinions, and clearly falls in love with Jane. Rather than holding appropriate class boundaries, Rochester makes her feel as if he were my relation rather than my master. (242) He loves Jane in a physically plain but in a mentally deep way which shows that he is not shallow. However, his unfortunate marriage to Bertha Mason becomes an obstacle to his union with Jane.This time Rochester,Ãâà purposely outcasts himself from his former enchained life with Bertha in search for a real chance for true love. A great deal is written and discussed about Rochesters marriage and character which comes along with a lot of questions. Even though Rochester didnt know his wife was insane, can he be blamed for the marriage to a woman he hardly knew? Under English law at the time, a man whose wife became insane could not get a divorce. But is Mr. Rochesters way to deal with this problem by hiding his mad wife away the right thing to do? And does the fact that he thinks he deserves happiness give him the right to deceive the woman he loves? It is true that he is madly in love with Jane, yet the fact remains that his approach to win and secure her as a wife was wrong for Mr. Rochester was very inconsiderate of the reality. He did not care about what kind of a position it would put the others when he got what he wished, marrying Jane. Rochester was determined to marry her and he did not think about the immorality of the marriage considering he was already married to Bertha Manson even though one can guess it would be devastating for Jane. However Jane brings out the best in him especially as the story advances toward the end, their differences causes the enlightenment. Bronte uses Jane as a light to shed on Rochesters character. In the end he becomes a new man, his dark secrets and qualities ceases to be a part of his life. As I mentioned in the beginning, the basis of Rochesters flawed life was his dark secrets, and past along with a scandal or sin. And all these become forgivable only when the actual circumstance is revealed and when all the hidden facts are lightened. He is the first person in the novel to offer Jane lasting love and a real home. Although Rochester is Janes social and economic superior, and although men were widely considered to be naturally superior to women in the Victorian period, Jane is Rochesters intellectual equal. Moreover, Jane proves to be his moral superior after the fact that Rochesters marriage to Bertha is revealed. Prior to meeting Jane his character was wild and impulsive. Jane helped him heal his wounds and confront with himself. Keeping secrets about himself and his past could do nothing good for him but only promoted dishonesty and destroyed his relationship with Jane. And only when he could break the chains from his past could he be free and become a new man. Towa rds the end of the novel, Rochester grows and develops from his suffering allowing the two characters to move on and find happiness together. He finally pays for his sins, he becomes a suitably gentle husband for Jane, who morally guides and corrects him at novels end.
Friday, January 17, 2020
Reliablity vs Validity Essay
The purpose of this weeksââ¬â¢ discussion is to evaluate and analyze an article by identifying issues related to general method reliability and validity. The article that was chosen was ââ¬Å"Trust in the Face of Conflict: The Role of Managerial Trustworthy Behavior and Organizational Contextâ⬠by Korsgaard, M. A. , Brodt, S. E. , & Whitener, E. M. (2002). This paper will discuss how negative conditions between employeesââ¬â¢ and management pose a risk in trust. Reliabity and validity are pertinent in getting a true assessment of how negative conditions can affect the employee morale. Korsgaard, M. A. , Brodt, S. E. , & Whitener, E. M. , wrote an indebt article on trust and negative events and how it relates to management and employee interactions. This article proves that it is essential for management to understand how imperative it is to implement trust and willingness to listen to their employees in the workforce. In this article reliability and validity shows to be accurate due to the overwhelming amount of evidence that proves that management needs to implement the changes in order to improve employee morale and willingness to work hard. Reliability referred to the stability of findings; on the other hand validity represented the truthfulness of findings (Altheide & Johnson, 1994). The article does not appear to represent one just a quantitative research or one of a qualitative research so this research must be considered a mixed method approach. There is not numerical terminology displayed in this article but does have extensive information on other proven ideas and past research. Qualitative research seeks depth over breadth and attempts to learn subtle nuances of life experiences as opposed to aggregate evidence. Qualitative research is contextual and subjective versus generalizable and objective. (Whittemore, R. , Chase, S. K. , & Mandle, C. L. 2001 p. 524). Because qualitative research is based on entirely different epistemological and ontological assumptions compared to quantitative research, many feel that validity criteria of the quantitative perspective are therefore inappropriate (Hammersly, 1992). Employeesââ¬â¢ perceptions of their managersââ¬â¢ trustworthy behavior and of the fairness of HR practices are also likely to have consequences for employee behavior (Korsgaard, M.à A. , Brodt, S. E. , & Whitener, E. M. 2002). This article shows how management and staff interaction related primarily on how management makes employees feel in the workplace which proves that validity and reliability is important when researching this topic. Goodwin, L. D. , & Goodwin, W. L. (1984) wrote that many qualitatively oriented evaluators are tempted to disregard the validity and reliability issues that are traditionally associated with quantitative evaluation techniques frequently ignore concerns regarding measurement validity and reliability. Due to this research using both qualitative and quantitative approaches is necessary to depend on reliability and validity of research because it proves the outcomes of the study. The need to know what validity and reliability is just as important as quantitative and qualitative research. There should remain a focus on all four aspects during research to improve the outcomes of progressive research. These efforts will allow better details in the conclusion of research.
Thursday, January 9, 2020
Socrates And Aristotle s Views On Democracy - 1124 Words
The United States is known for its many liberties to all, liberties that lead to all sorts of bad according to Socrates and Aristotle. Plato-Socrates in The Republic and Aristotle in Politics criticize democracy, a form of government that tries to equalize all. Centuries have passed and many of the democratic elements described in their works apply to current democratic regimes in particular the United States. Socrates believes that democracy is the second worst type of government. Democracy is having ââ¬Å"â⬠¦complete freedom and dignity.â⬠(p.261 C5) and ââ¬Å"â⬠¦no notice of the law.â⬠(p.261 D5) It is the avoidance of anyoneââ¬â¢s control. Those in democracy are motivated simply by pleasure that accompanied freedom and dignity. There is an analogy in theâ⬠¦show more contentâ⬠¦Aristotle says that justice is thought of as equality among all, there is a disregard to merit (p.172). In a society, there is usually more poor people and because there is this demand of equality then the majority rule (p.174). Mob rule is then authoritative. All governments have their forms, which are good and are bad. Democracy to Aristotle is not the best regime because it is ruled by the poor or the ones that need from the government. Government is not chosen by those who pursue virtue, but instead pursue wealth. The democratic principle is that of freedom, wealth, and birth. Not virtue. He believes the best regime would not be exactly a democracy but a polity that would be a combination of freedom, wealth, birth and virtue. The best regime has ideal conditions in which it becomes a predictable regime and consists of values, choices, the inanimate, elements of the class of workers, and the education of rulers. Democracy has a big defect in that it does not have intelligence or wisdom. It is the rule of many. It is based on the idea of happiness by following pleasures (p.48). Democracy comes into play when the majority revolt against the oligarchy because of the ideas of freedom. The problem with it is that people are pursuing their pleasures, not thinking of the state as a whole. There is unity based on pleasure. Before long, everyone is pursuing their own pleasures and there is an undermining of authorityShow MoreRelatedPolitical Philosophy, By Steven Cahn1197 Words à |à 5 PagesIn Steven Cahn s book, Political Philosophy, The Essential Texts, philosoph ers such as Socrates, Plato, Aristotle, Hobbes, Locke and Rousseau created the circumstances to enable the fundamental principals of philosophy and politics. These knowledgeable, astute and significant men have helped to achieve the structure of our past and present democracy as well as a plan of action for the rights and values that we as citizens can all relate to today. They are grounded in their thinking and tied togetherRead MoreComparing Aristotle s 8 1455 Words à |à 6 Pagesgovernment. In book 8 Socrates starts to wrap up his depiction of a just city. He starts to break down the four unjust constitutions of the city and man. Timocracy, which is represented by the honor-driven man who resembles and rules that sort of government. There is an oligarchy, ruled by a man driven by his necessary appetites. Democracy, in which the man is controlled by unnecessary appetites. And finally there is tyranny, which the man is driven by unlawful appetites. Socrates towards the end ofRea d MoreComparing The And The Odyssey998 Words à |à 4 Pagesstability and conformity. Athens acted as free people and had a true democracy and was eager to learn new ideas. On the other hand the Spartans created little art and militaristically driven. Both were strong city-states but had different views and ideas on how daily life should be carried out. 4. The Greeks idea of a democracy was that all male citizens (1/5 of the population) could have a say. The Athenian political system was a democracy because any class could propose a new law or be involved in theRead MoreGreek Philosophers Bible On The Ancient World And English I2969 Words à |à 12 PagesSpring 2015 Socrates, Plato, and Aristotle s early lives affected their careers and Greek society, and their deaths and works of literature affected today s society. Socrates started out as a stone mason who eventually devoted most of his time to philosophy. Socrates works of literature reflect his world views and opinions. These opinions had a fatal consequence; he was persecuted for corrupting the youth of Athens. Socrates was Plato s teacher and instructor. Plato usedRead MoreComparing Aristotle and Plato Essays1325 Words à |à 6 PagesComparing Aristotle and Plato Aristotle argues that in order for a polis to emerge, a union between man and women must convene. Later a household must be introduced which unites with other households to form a village, villages come together to form city-states. This theory is Aristotleââ¬â¢s natural view that an individual can not be self sufficient Plato argues that, in order to achieve absolute justice, a city-state is needed. In The Republic, Plato builds around the idea of Philosopher RulersRead MoreGreece s Impact On The World1360 Words à |à 6 Pagesto start itââ¬â¢s first direct democracy, philosophers set up the foundation on how to think, and great minds who discovered the basics of Science and Math to medicine and astronomy emerged from Greece. When the United States of America finally declared their independance from Britain, there was order needed. In result to the ââ¬Å"breakupâ⬠between Britain, the first order of government in the United States was influenced by the Athens- the cradle of democracy. Ancient democracy was constructed in AthensRead MoreSocrates And Plato s Views On The Society1308 Words à |à 6 Pages Socrates had different views from the Athenians. He believed that democracy wouldn t work in their society, nor in any society. He doesn t believe that the people are capable of governing themselves. Socrates and Plato believed that the common man was too stupid, to say the least, to govern him/herself and to have a say in society. Socrates was in pursuit or truth his entire life. In his eyes, how could he let someone have the capabilities to make their own decisions with the potential for anRead MoreThe Socratic Problem Of Socrates1462 Words à |à 6 PagesSocrates was born in 469 B.C.E., in Athen s, Greece. He was a loyal citizen of Athens who also served as a soldier as required for Athens males. His philosophy, or as it was called, his Socratic Method, laid the stones for what became to be known as Western philosophy. However, Socrates remains one of the most powerful, yet misunderstood and enigmatic figures of philosophy. What is known about Socrates comes from writings of other philosophers, such as his follower Plato, and Platoââ¬â¢s student, AristotleRead MoreHistorical Events That Took Place During The Classical Period1458 Words à |à 6 PagesWorld Literature I Historically Significant Influences of Aristotle During the Classical Period, 500-232 BCE, Greece was at the peak of its political and cultural achievement. This was also a time of war, most noteworthy being the vast empire created by Alexander the Great. In a period containing such an immense amount of historical significance there is no doubting that it had influenced the people born. Notorious philosopher Aristotle is no exception, contributing a great deal to the fields ofRead MorePlato s Ideal State1919 Words à |à 8 PagesPlato in this part of our presentation, we take a look at another important part of the teachings of Plato s ideal state in particular and the political views of Plato, in general. Plato s ideal state - a speculative concept, which takes place in comparison with other types of which Plato also describes. First of all, we mean the four imperfect form of the state - timocracy, oligarchy, democracy and tyranny. Also in this context, it is advisable to consider utopian aristocratic republic, described
Tuesday, December 31, 2019
My Passion For Palliative And Hospice Care Social Work
When it came to envisioning my advanced block placement, I knew I wanted something different, something to transform the way I practiced social work for the last fourteen years. The timing ideal as my passion for palliative and hospice care social work was in transition. I seized the opportunity in preserving it by securing an international internship where I could research the cultural differences in the quality of both the tangible and intangible deliverables in providing compassionate end-of-life care. The destination, Nepal! Knowing I was traveling to an underdeveloped nation, I did my homework, or did I? I partnered with an ancillary community college who I thought focused on expanding the development of social work as a discipline in Nepal and were teaching BSW students to become nearly the first truly ââ¬Ëeducatedââ¬â¢ social work practitioners in the country, which excited me. Disappointingly, the system lacked structure and organization. My trip started off tumultuously, as did my relationship with my host, consequentially who lacked hospitality among other qualities, leaving me to discover the copious cultural dichotomies and challenges around every corner, alone, daunted by the lack of local support. Thankfully my Seminar Instructor, Wanda Anderson, LICSW and my classmates supported me through the pit falls every step of the way!!! Learning that the Nepalese culture and its diverse issues, for example, the concept of time management, which is idle, punctualityShow MoreRelatedHealth Care Interview653 Words à |à 3 PagesHealth Care Interview Amanda Nava HCS/235 February 26, 2013 Jennifer Hitt Health Care Interview For my health care interview assignment I chose to interview Mayra Cruz, Certified Nurses Assistant. She works at Cuidado Casero Home Health and Hospice at 1617 E. Missouri Ave, El Paso, Texas. In my interview with her she described her job duties, her patients and how she interacts with others in her environment. In addition, she identified the length of time she has been in her current positionRead MoreWorking With The Elderly Population1475 Words à |à 6 PagesReminiscing to 2010, when I was faced with my grandmother s illness during the adolescent years in my life I knew that I had a passion to care for the elderly (aging) population. From this passion, it ignited a fire so strong that I pursue my certified nursing assistant certification to gain a better understanding of working with the elderly population. By doing so, it has been a great benefit to my life; aging is an inevitable experience that we all will go through during our life. It is importantRead MorePursuing A N ursing Career: Personal Narrative1286 Words à |à 6 PagesPrimary Health Care Nurse Practitioner has always been my driving goal throughout all my education and training since the age of seventeen. Over the past three years working within a Surgical Inpatient unit as a Registered Nurse, I have become aware of the lack of community resources and access to health care available in rural areas. This has inspired me apply to the University of Western Ontarioââ¬â¢s Primary Health Care Nurse Practitioner program for the fall of 2014. After completing my Bachelor ofRead MoreBackground Information : Calvary Hospital1759 Words à |à 8 PagesHospital was established in 1899 and works in connection with the Roman Catholic Archdiocese of New York. Calvary Hospital is a non-profit institution and it has a total of 225 beds. This hospital is one of the largest which focuses on end-of-life hospice and palliative care. Other programs include inpatient care, pain management, home care with b ereavement and support programs for families and friends, therapeutic recreation, and music therapy. All these programs work collectively as one in an effortRead MoreDisruptive Innovation : An Organization s Decision Making Process2564 Words à |à 11 PagesStewart University of Minnesota Ã¢â¬Æ' Disruptive Innovation Health care, like so many industries, has been rapidly changing over the past several decades. As technology advances and the information age enlightens health care consumers, health care providers are forced to modify their practices in order to stay relevant and competitive. Nurses are in a unique position amongst all health care workers. As the deliverer of the majority of care, nurses have more contact with consumers than many other professionsRead MorePersonal Leadership Development Plan3009 Words à |à 13 Pagesaide in a nursing home my passion is to make sure each and every resident gets some sort of enjoyment out of their day whether itââ¬â¢s from reading the newspaper, having coffee outside or its getting their nails painted. I just want to make sure their day has some activity that they enjoy. My dream job after graduation is to work in a hospital in the palliative care/hospice as a social worker. In this setting I will still get to make sure the last months, days, and hours of my clients will be comfortable
Monday, December 23, 2019
Social Anxiety Disorder ( Adhd ) - 1189 Words
Social Anxiety Disorder Aloof, shy and interested are just some of the words to describe how some people perceive someone with social anxiety disorder. Approximately seven percent of adults in the United States deal with it. Social anxiety disorder, also known as social phobia, is a disorder where a person has an intense fear of a public or social situation. It first appears with a median onset age of 13, however it starts to show about 75% of the time between the ages of 8 and 15. The DSM V diagnostic criteria lists ten criteria that must last six months or more. For a person to be diagnosed, the person must impairment or suffer from significant distress that interferes the persons ordinary routine, such as work or school. The criterion are as follows (in no particular order): The person fears that they will act in a certain way or show symptoms of anxiety that will be evaluated negatively. Evident anxiety or fear about at least one social situation where the person may be vulnerable to security from other people. Social situations are tolerated with intense anxiety or fear or may be avoided altogether. The social situations almost always induce anxiety or fear. Avoidance, fear or anxiety are continuous for at least six months. The threat raised by the sociocultural context and social situation causes the anxiety or fear to be out of proportion. Fear, anxiety or avoidance cannot be better explained by symptoms of another mental disorder. Anxiety, avoidance or fearShow MoreRelatedSymptoms And Symptoms Of Anxiety Disorders1586 Words à |à 7 PagesWorried? Nervous? The distinction between anxiety disorders and ââ¬Å"normalâ⬠anxiety is not always certain. Everybody gets anxious or worried from time to time, when speaking in public or in front of the class to give a speech or from financial problems. Sometimes anxiety can be so overbearing that it can start to control your life. Here are twelve signs you might have an anxiety disorder: Excessive worry, sleeping problems, irrational fears, muscle tension, chronic indigestion, stage fright, self-consciousnessRead MoreEssay on Severity of ADHD and Anxiety Rise if Both Develop1394 Words à |à 6 PagesADHD and Anxiety If someone with ADHD develops anxiety (GAD), then the severities of both are increased, because they coincide with each other making them more powerful. I choose this hypothesis for 2 reasons. One being that ADHD and anxiety are an epidemic in terms of being disorders that is very common within our world. I also have both Anxiety and ADHD along with some of the other members of my family. Over time I have noticed that people with both anxiety and ADHD think differently then thoseRead MoreAdolescents And Adolescent Multiethnic Populations : Challenges And Opportunities For Enhancing Knowledge And Practice1148 Words à |à 5 PagesAnxiety in Children Cooley, M. R., Boyce, C. A. (2004). An introduction to assessing anxiety in child and adolescent multiethnic populations: Challenges and opportunities for enhancing knowledge and practice. Journal of Clinical Child Adolescent Psychology, 33(2), 210-215. doi:10.1207/s15374424jccp3302_1 This article is an introduction to the larger project titled ââ¬Å"Assessing Anxiety in Child and Adolescent Multiethnic Populationsâ⬠. Cooley and Boyce (2004) present an overview of anxiety symptomsRead MoreChildhood Behaviors, Disorders, And Emotional Issues1204 Words à |à 5 Pagesappropriately, can carry on into adolescence or even adulthood. There are many different kinds of behavior problems, disorders, and emotional issues. These problems are a source of stress for the child and his or her family, and school. Several factors such as biology, environment or a combination, are reasons for unwanted behaviors. This assignment will state all the different behaviors, disorders and emotional issues, their causes, and their remedies, if any. It will also explain child treatments and therapiesRead MoreSymptoms And Symptoms Of Anxiety1008 Words à |à 5 PagesAnxiety Anxiety, depression, and medicationsâ⬠¦ These are all things we need to take into consideration when thinking about everyday life. Anxiety has become a generalized factor of life and many people suffer from it everyday. Yes, everyone knows what it s like to feel anxious but not like those with anxiety. Different types of anxiety have different types symptoms and causes. Even though every anxiety is different they are all controlled by one thing--you. Anxiety comes in many forms you haveRead MoreMedia Reaction Paper : Adhd, Family Guy1970 Words à |à 8 PagesMedia Reaction Paper ADHD Family Guy The ADHD clip from Family Guy does not accurately reflect the symptoms and diagnosis of ADHD. However, it does seem to reflect what people commonly believe that uninterested parents, teachers, and people uneducated about mental illness would react to the non-perfect child. The show also seems to be making fun of adults who do not want to be interactive in a child s life, but would rather medicate to gain obedience and simplicity. In regards to reasons forRead MoreThe Phobia of Social Anxiety1435 Words à |à 6 PagesSocial Anxiety also known as Social phobia was finally added to the list of anxiety disorders in the year of 1986. Social Anxiety Disorder has the earliest onset of almost any mental disorder. Jaret, Peter by definition is ââ¬Å"the fear of interaction with other people that brings on self-consciousness, feelings of being negatively judged and evaluated, and, as a result, leads to avoidance.â⬠Before it became known as a phobia or an anxiety disorder it was known as a personality disorder. There are manyRead MoreImpact Of Autism And Anxiety On Children And Adolescents1349 Words à |à 6 PagesImpact of Autism and Anxiety on Children and Adolescents One regarded as rare, autism spectrum disorders (ASDs) ââ¬â which includes autistic disorder, Aspergerââ¬â¢s disorder, and pervasive developmental disorder-not otherwise specified (PDD-NOS), have received a great deal of professional and scientific attention (White, Oswald, Ollendick, Scahill, 2009). ASDs are characterized by impairment in social communication as well as the presence of repetitive behaviors and restricted interests (American PsychiatricRead MoreHow Anxiety Affects Student Performance1346 Words à |à 6 PagesHow Anxiety Affects Student Performance Sloan E. Williams Greenville Technical College 10-18-16 ââ¬Å"Surpassing even depression, anxiety is the most common form of mental illness in the United States. Itââ¬â¢s estimated that approximately 10 percent of teenagers and 40 percent of adults suffer from an anxiety disorder of some kindâ⬠(11 Facts About Anxiety). Anxiety is a feeling of worry, nervousness, or unease, typically about an imminent event or something with an uncertain outcome.You may feel worriedRead MoreAnxiety, Depression, And Medications1595 Words à |à 7 PagesAnxiety, depression, and medicationsâ⬠¦ These are all things we need to take into consideration when thinking about everyday life. Anxiety has become a generalized factor of life and many people suffer from it everyday. Yes, everyone knows what it s like to feel anxious but not like those with anxiety. Different types of anxiety have different types symptoms and causes. Even though every anxiety is different they are all controlled by one thing--you. (National Institute Mental Health) Anxiety comes
Sunday, December 15, 2019
Gods Free Essays
Plautus, A Haunted House In the play, ââ¬Å"Plautus, A Haunted Houseâ⬠starts off with a young man, Philolaches, whose his father has been away from town, has been partying and has been wasting his family fortune on his mistress. While the son is in no condition to talk to his father due to being intoxicated, his slave, Tranio comes up with a scheme to deceive the old man from catching his son from partying. Tranio, redefined his role as a trickster in the play and along with all his charisma made this into a countless comedy play. We will write a custom essay sample on Gods or any similar topic only for you Order Now In the final scene of The Haunted House, Plautus demonstrate the identity is destiny by representing the character types and personality and having them maintain their identity while everyone else goes back to status quos. Plautus, start of the play by introducing the characters types and their personality to the audience. He demonstrates how identity is destiny and how it relates to the characters in the play. To define identity is destiny it means that each character is given a role, and at the end of the play, the character keeps their identity and remains the same. What this mean is Philolaches plays the irresponsible guy and Tranio plays the smart clever slave. Even though this was their identity in the beginning, at the end of the play their identity didnââ¬â¢t change at all. In the scene where Philolaches had his friend Callidamates come up to his father so that he doesnââ¬â¢t have to face him and beg for his forgiveness. Callidamates said, ââ¬Å" You know well that Iââ¬â¢m the very closest friend your son has got. Since heââ¬â¢s too ashamed to set a single foot in sight of you, knowing that you know all thatââ¬â¢s been done, he came and asked my help. Now I beg of you, forgive his youth and folly-heââ¬â¢s your son. â⬠This scene shows that even though Philolaches is a spoiled wealthy kid, it shows that his identity will remain the same. Heââ¬â¢s always going to be the irresponsible young man who asked Tranio and CALLIDAMATES to talked to his father because he was scared to get punished by his father. At the end of the scene, Plautus had the characters returned to their status quo. To maintain the status quo is to keep the things the way they presently are. After all the tragedy that happened, at the end of the scene everyone went back to normal. In the beginning of the scene it talks about the identity of the characters and that no matter what the situation was, the character would still maintain their own identity. The phase Identity is destiny and status quos demonstrate that no matter what the character did in the play, their personality and their role will remain the same. Plautus did a great job of defining the characters traits and imputed comedian material to his play. How to cite Gods, Essay examples
Saturday, December 7, 2019
Employment Law Assignment Free Sample Solution
Employment Law Explain the constitutional basis for the Fair Work Act 2009 (Cth) with reference to the Australian Constitution and discuss the relationship with Australian common law, with reference to the National Employment Standards. The Fair Work Act, 2009 is a labour welfare legislation aimed at improving the relations between employees and employers so that productive workplace relations can be formulated which would further help in promoting national economic prosperity and promoting amicable relations between the Australians (Chapman, 2009). In this regard, it is submitted that the Fair Work Act, 2009 has been an extension of the process of amendments which also came under a lot of fire recently with the recent amendments which are popularly known as Work Choices Act and the amendments were brought forth in 2005. The amendments brought forth in the Work choices Act were criticized as being against the interests of the employees and workers and in favour of the employers and businesses (Riley, 2010). There was a lot of debate about the constitutionality of the Work Choices Act and it was alleged that the provisions of the Work Choices act were contrary to the Constitution of Commonwealth of Australia. The reason why this submission is being made is because the constitutional basis for the Fair Work Act, 2009 (Chapman, 2009) is same as that of Fair Choices Act, 2005.To develop a better understanding of the constitutional basis of the Fair Work Act, 2009, it is important to discuss the landmark case of New South Wales vs Commonwealth1 wherein the constitutionality of the Work Choices Act 2005 was discussed and adjudicated upon by the Honble High court of Australia. The basic point of contention in the instant case was the expansion of federal powers regarding the labour welfare legislation in the form of Work Choices Act, 2005. The major point of contention was the purported elimination of the State Territory jurisdiction to legislate upon the labour welfare legislation and such powers were to be shifted to the federal parliament. Various states of the Commonwealth of Australia and major trade unions of the Commonwealth of Australia were parties to the aforementioned case in which the major points of contention stated above were debated and adjudicated upon (Lucev, 2009). The Commonwealth of Australia contended that the Commonwealth and federal parliament was well within its powers as per the Constitution of commonwealth of Australia. The Governments thrust was in the argument that it was well within its powers to legislate upon any topic or law which created, altered the provisions pertaining to the conduct of employees of corporations, laws pertaining to business functions and various corporations activities and relationships. The Government is also empowered to legislate upon issues protecting the corporations from various kinds of loss or damage. These powers are derived from (WASF, 2009)Section 51 (xx) of the Commonwealth of Australia constitution Act2. The provisions of the aforementioned section of the Constitution of Australia are often known as Corporation Powers and they bestow upon the Commonwealth and Federal parliament to legislate upon topics pertaining to foreign corporations, trading and financial corporations and this contention of th e Commonwealth of Australia was upheld by the Honble High Court of the Commonwealth of Australia vide a majority judgement in favour of the commonwealth government. Accordingly, it can be stated that the constitutional basis of the Fair Work Act, 2009 is section 51 (xx) (WASF, 2009) of the Commonwealth of Australia Constitution. In this regard, it is pertinent to note that there has been a significant change in the fair Work Act, 2009 when compared to the earlier labour welfare legislations in place in the Commonwealth of Australia, as earlier common law contracts pertaining to labour contracts were allowed in the commonwealth of Australia. With advent of the Fair Work Act, 2009 even though common law contracts are allowed, the same are abolished in case of individual statutory contracts. Even in cases wherein the common law contracts are allowed, the terms and conditions offered in the common law contracts cannot be less beneficial than the terms and conditions that are guaranteed under the National Employment Standards. The National Employment Standards as per the Fair Work Act, 2009 establish a minimum or basic safety net for welfare of the workers and employees so that the employees are guaranteed the minimum set of safeguards and in this regard, the Fair Work Act, 2009 has been remarkable. The most remarkable feature of this statute has been the scope of the statute because it applies to the Constitutional Corporations and these corporations are covered under section 51 (xx) of the Commonwealth Constitution. Another important feature of Fair Work Act, 2009 is the National Employment Standards and they set the minimum standards of employment which would govern the employment conditions in the Constitutional Corporations. The NATIONAL Employment Standards along with the Modern Awards established by the Fair Work Act, 2009 set up the basic safety net for the workers working in the Constitutional Corporations. (LSCSA)The various areas which are covered under the National Employment Standards are, maximum number of working hours, provisions for parental leave, arrangements for flexible working hours and options related to the same, various types of holidays such as annual leave, public holidays, community service and long leave entitlements compassionate leave entitlements termination and redundancy entitlements etc (Pickering, 2010). it is because of the National Employment Standards that even if the common law contract governing employment in a Constitutional Corporation, notwithstanding th e provisions to the contrary to the National Employment Standards in the common law contract, the provisions of the National Employment Standards and the Modern Award would prevail over the latter. It is submitted that the Fair work Act, 2009 is remarkable in a lot of ways and it plays a very significant role in bringing uniformity in the labour welfare legislation in the sense that it not only brings uniformity across the states pertaining to employment contracts and conditions, it also provides a platform for collective bargaining between the employees and the employers thus, it would not be wrong to state that the Act attempts to create a balance between the interests of the employees and the employers, i.e. businesses. What is the difference between agency employment and temporary transfer of employment where a third party is injured? Explain with reference to case law and relevant legislation Agency work (Johnstone Quinlan, 2005) often comes across as a way in which certain principal employers attempt to circumvent the arms of Law to evade or at least complicate the manner in which Occupational Health and safety Laws and their application can be avoided. The reason behind this is because the principal employer outsources the job for which the contracting agency hires the workers who undertake the tasks which are required to be fulfilled by the Principal employer. In this regard, what is noteworthy is that even though the workers are undertaking the tasks belonging to the host employers, it is for the temporary basis and notwithstanding the fact that the risks posed by the tasks and the working environment which are totally the responsibility of the host employer, can be circumvented owing to the indirect relationship with the workers because of the triangular relationship between the host employer and the actual workers. The major problem that arises in this regard is that in the case of agency employment, there is great risk in terms of relief available in case of injury to the workers or to third party workers. (Johnstone Quinlan, 2005)What happens in such cases; is that the agency which hires the workers claims that the workers were working under the directions of the host employer or the principal employer. On the other hand, the principal employer claims that the agency has hired the workers and as such it should be held liable for the injury caused to the third party or the workers of the agency which has provided the workers. This creates confusion and provides a scope for legal manipulation thereby denying or at least delaying grant of relief to the aggrieved which is a reason for concern because despite government attention on the matter for a very long time now, there have not been too many legislative efforts to regulate the area. On the other hand in cases of temporary transfer of business, the whole job is outsourced and along with it the responsibility to compensate is also transferred. (Pickering, 2010)As far as transfer or transmission of business is concerned, the same is governed by the provisions of the (Lucev, 2009)Fair Work act, 2009 and the provisions of the Act ensure that the liability to compensate out of the industrial awards cannot be evaded and the Act has provisions against sham schemes to avoid liability in Division 6 of the Act. Regarding agency work arrangements also designed to evade liability are provided protection against in terms of section 30 A of the Fair Work act, 2009. Regarding agency work employment, the landmark case of Swift Placem ents Pty Ltd v WorkCover Authority of New South Wales (2000) 96 IR 693 is important to be discussed wherein the (Lucev, 2009)NSW industrial Relations Commission held that the workers hired by the contracting agency to be the employees of the agency notwithstanding thefact that they were working under the directions of the host employer.
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