Drawbacks of the Common Law System

Explain the drawbacks of the common law system in England and Wales. ‘Common law’ originated in England in the 11th century. Today in the United States of America, some common law principles from the original English Law are being applied.Alongside it is the branching body of Common Law which is in the process of being set as a part of stare decisis which itself is an abbreviation of the Latin phrase ‘stare decisis et non quieta movere’ which translates as ‘to stand by decisions and not to disturb settled matters’, whereby the judicial systems decisions and interpretation of statutory law provisions by judges, are becoming a part of the common law. Judges too do look to these decisions as a guideline, reference or as a necessary precedent to follow, whilst making their own decisions.Although advantages of the system have been significant in England and Wales, drawbacks of the system gradually came on par. As these decisions are based on past cas es, predictability of the outcome increased and people are more exposed to what should be expected, however so, with the element of predictability, absurdity on deciding cases may occur. In referring to a decided case, if there appears to be no change and the decision is followed again by a judge, a bad decision will eventually be perpetuated.And considering common law systems have been following precedents as a base, changes takes a long time to happen. In the meantime, a bad decision from a past case continues to be upheld. It became a major criticism of common law systems that it can be hard to locate the relevant principles due to the available volume of material. Common law which was based on the principle of binding precedent meant that judges must follow precedent even if they disagree with it.Judges too were not able to distinguish essentially similar cases although they were on grounds decision made would be inappropriate. Lord Denning too criticised the doctrine to stand b y what has been decided by saying, â€Å"if lawyers hold to their precedents too closely, forgetful of the fundamental principles of truth and justice which they should serve, they may find the whole edifice comes tumbling down about them. Just as the scientist seeks for truth, so the lawyer should seek for justice.Just as the scientist takes his instances and from them builds up his general propositions, so the lawyer should take his precedents and from them build up his general principles. Just as the propositions of the scientist fail to be modified when shown not to fit all instances, or even discarded when shown in error, so the principles of the lawyer should be modified when found to be unsuited to the times or discarded when found to work injustice. , which in other words meant accepting the decisions of old law leads to unfairness and injustice. Furthermore, when precedent appears absent the common law legal system will be bound to face difficulties in making judgements. D ifficulties will arise and flood various parties which include judges and those with intention to claim justice will be at lost with the unavailability of a decided precedent to refer to. This has been said on certain occasion to lead to a high degree of unpredictability based on illogical distinctions.

Analysis of the Text “the Time-Sweepers” by Ursula Wills-Jones

â€Å"The Time-Sweepers† By Ursula Wills-Jones The following short story is about time-sweepers and lost time. They are people who sweep up all the time that is lost or wasted. They are invisible, but sometimes they can be noticed. They carry a broom, a mop and a big dustpun. The time-sweepers are hard-working. They work every day and are never sick. The lost and wasted time is packed and recycled. But not every type of time can be recycled, the most poisoned time is buried in a tank underneath a disused army base. The rest of the time can be sold to the people who need it or distributed to good causes or emergency situations. The full text is built on the conflict between people who waste time and people who sweep up all the time that is lost and wasted. Ursula Wills-Jones idealizes the time-sweepers and ridicules people. The author uses the stylistic device of climax in order to describe different types of time wasting: the man who has waited so long to propose to his girlfriend; the woman who has spent thirty-five loathed years in an estate agents, dreaming of opening a florists. The author refers to the stylistic device of hyperbole in order to laugh at the people who waste time: the time-sweeper will pass straight by the desk of the woman who is reading a holiday catalogue under the desk, poring over photos of tropical beaches. They will pass by the next desk, where a man is enjoyably wondering what his mother-in-law looks like naked, and stop by the desk of the young man who is counting every minute, and loathing the hours. The author creates a constant presence of time sweepers. The reader feels that they are everywhere: in the railway station, in the office, at your desk. The time-sweepers are hard-working; they don’t like to rest because there is so mush wasted time after holidays: it takes them around three weeks to resume normal service†¦

The Downside of Diversity Essay Example | Topics and Well Written Essays - 500 words

The Downside of Diversity - Essay Example Diversity produces lower civic health, which is a detriment to society. Robert Putnam, a Harvard political scientist, conducted in-depth interviews with 30,000 people across the United States (Jonas, 2007). What Putnam found was that neighbors in diverse communities trust each other roughly half as much as they do in communities that are made up of one predominant culture. This is due to the cultural differences that exist between members of diverse communities. Further research found that diversity makes us feel uncomfortable in social settings; however, diversity can thrive in the work environment. This is because a wider range of thoughts can strengthen a plan or objective because all the weaknesses are covered. Putnam’s research also supports that of some of his contemporaries, who argue that people in diverse communities do not contribute to common needs and goals of the community. Diversity results in a decline in social capital, a term first coined by Putnam himself in some of his previous studies. Social capital refers to friendships, religious institutions, and community associations, which are more likely to suffer when diversity is present in the community (Jonas, 2007). This is because people feel disenfranchised from the very societal groups that are set up to help them. Putnam claims that high social capital makes a community a better place to live, neighborhoods are safer, people are healthier, and more citizens vote (Jonas, 2007). Putnam’s survey, which was conducted in a number of diverse communities across the United States, questioned many ethic groups (black, white, Hispanic, and Asian) about how they felt about their neighbors, community, and local government. Putnam’s results showed that most people did not engage politically or socially with members of other cultures (Jonas, 2007). Finally, living in diverse communities brings out the turtle in all of us. What

PROJECT ANALYSIS Essay Example | Topics and Well Written Essays - 1000 words

PROJECT ANALYSIS - Essay Example The CRM is a significant business management tool employed in the contemporary business environment for enabling organisations to achieve their business goals effectively. The case study involves Warnaco Group Company, which is a women’s clothing industry whose team is charged with installation of a new CRM system at the marketing department level of the company. Information-gathering Techniques and Design Methods Most of the technical staff members understand the significant of collecting information from clients, users, employees, stakeholders and many others as the fundamental part of their job. Most of them employ both qualitative and quantitative research design methods for data collection in order to obtain their intended project goals effectively. The there are various ways or techniques of gathering information and the most common methods employed includes surveys, focused groups, interviews, questionnaires and literature searches. However, these methods depend on what the technical staff in the Warnaco Group Company demand; thus defining the information they need through designing effective methods will enable them to retrieve information successfully. Gathering information is one of the first crucial aspect for technical officers and many technical staff members attempt to muddle their way by employing a poorly planned information gathering technique in project process. Myers and Avison (2002) argue that well planned methodologies and implementation of effective techniques in data collection process is vital. Questionnaires/Surveys The technical team in the Warnaco Group Company will employ surveys and questionnaires in gathering information before the installation of CRM software system in an organisation. These techniques are significant because they will enable the technical team to reach a large audience across the departments. Employing specific questions can enable project designers to get a clear data set than surveys because surveys ten d to produce a low response than questionnaires, which can produce a higher response. However, the technical team or project design team can increase survey response and this is through ensuring that the survey questions focuses only on the concept of CRM system. According to Marczyk, DeMatteo and Festinger (2005), the use of questionnaires and survey designs will enable one to design a project effectively because it tells what people wants. Knowing what people wants can be the key factor for the success of any project being implemented. Many companies measure the attitude of employees and customers; thus the best way to gather or find information about them is to design survey or conduct interviews. Focused Groups The technical staff members of the project can employ focused group discussion or group interview and this is vital because it can enable them to gather adequate information about the project. Focused groups are effective especially in case the interviewer want to create a dialogue about the project program. This can enable respondents to interact freely with the project designers; thus gathering significant information about the project. The use of focused group is vital because this technique is mostly employed in testing new approaches such as discovering stakeholders concern towards the installation of the CRM software in the Warnaco Group Company. A group of stakeholders of the company can meet in a discussion or conference room whereby the trained moderator will train

The Pillars of Policing Dissertation Example | Topics and Well Written Essays - 10000 words

The Pillars of Policing - Dissertation Example Through the use of the first pillar of helping to create a safe and secured environment the police department focuses on activities like tracking criminals, curbing criminal and vandalistic activities in the region and efficiently dealing with incidents of significant criticality. The second pillar of policing helps Sussex Police in making them better visible and approachable by the general public. Through this pillar the police department of Sussex endeavors to closely knit their activities with different communities to perform in a proactive manner. This practice also helps the police department to retrieve quality information and responses from the people which thereby helps them in curbing crimes. The third pillar is used by the police force to make efficient and optimal use of the human and financial resources of the police organization to effectively track down the criminal operations of the region. (Three Pillars, n.d.). The police force of Scotland operates on the basis of fi ve basic principles to promote a safer region for the citizens to dwell in. These operational principles or the pillars of Scotland police consist of acts like safeguarding the society from criminal activities, breaking the network of drug trafficking, reassuring the general people that they are safe through the conducting of patrolling operations, prioritizing the safety of the road environment for the driving and daily commuters, and finally helping the police force to become increasingly advanced and trained to handle complexities. (Central Scotland Police, n.d.). Similarly the community policing activities of United Kingdom are also based on eight operational pillars which can be enumerated as follows. The first operational pillar of community policing is to reduce the rate of criminal activities and the rate of disorderliness in the region. Secondly the actions of the police must be conducted of, by and for the general public and not for the sake of meeting operational guidelin es. Public approval for police operations is highly essential for reducing the former’s conflicts with the administration. Thirdly following the above context the police administration of a region must reflect a high amount of honor for the citizens of a country in desiring them to abide by the rule of the land. Fourthly the police administration of a country must endeavor to minimize the use force on making the people abide by the rules of the land physical torture affects the cooperative mechanism of the society with the administration. The fifth operational pillar of community policing states however justifies the use of force when all other arbitration mechanisms fail to reduce public tension. Sixthly more specifically the police system in the society must visualize itself as a key force in restoring safety and harmony in the community and thus be socially accountable. Seventhly the operational pillar also holds that the police system must not augment its potential throug h judicial involvement but must depend on its own actions. Finally in the eighth position the operational pillar holds that measurement of true efficiency of the police force is done on by observing the rate of absence of crime and social disorder and not merely the police’s actions related to such. (Special Feature: Historical Perspective, n.d.). The paper in this context draws a comparison of the police actions of United Kingdom with that of United States. The Police system in United

Mobile computing and wireless communication Essay

Mobile computing and wireless communication - Essay Example This exploratory approach towards making things small yet sophisticated promises much more for the future. While analyzing the evolution [2] of mobile technology, it can be safely assumed that the size and power consumption patterns are on a decline while the bandwidths available for communication will continue to increase. Such trends lead us to believe that mobile communication is bound to play an increasingly important role in everyday life through a variety of new applications often referred to as "ubiquitous or pervasive" computing. The emergence of powerful portable computing devices, along with the advances in wireless communication technologies, has made mobile computing a reality. Sensor Networks: One typical application for mobile communication is the sensor network, used for gathering information about the surroundings of the mobile equipment. Such a network consists of small integrated devices scattered over a specified area in order to collect and share information. The goal in undertaking such exercise is to discretely observe, augment, analyze or control an environment in an automated manner. Mobile networks got further enhancement with the help of wireless communication and sophisticated sensors. ... work on the basis of fixed cell based infrastructure. Coverage is provided by base stations which manage the radio resources from a central location thus integrating the services. Depending upon the area being covered by the cell, certain amount of bandwidth is allocated for mobile subscribers. These cells make use of location-based routing protocols for transfer of information packets from sources to destination. Depending upon the bandwidth allocated, an upper limit is fixed for the number of subscribers that one cell can support. Sensor networks, in particular require to support a large number of 'subscribers', resulting in an increase in density per cell. Such networks are often used for short-range temporary communication. Therefore, implementing an infrastructure supporting such a large sensor network becomes very expensive. Mobile ad hoc networks [3, 4] on the other hand allow direct communication between wireless devices operating within the nearby areas and short distances of each other. Such devices prove to be very useful in disaster prone areas. In case of disaster, whole communication infrastructure may be destroyed. In such cases the intercommunicating ability of mobile ad-hoc networks within short range proves to be very useful. For communicating between two mobile devices which are located beyond range are the method of forward messaging messages via intermediate neighbors is used. Decentralization of an ad hoc communication network also eliminates the need for a fixed infrastructure, and results in greater cost reductions. The most widespread notion of a mobile ad hoc network is a network formed without any central administration which consists of mobile nodes that use a wireless interface to send data

Malaysia and Hong kong Essay Example | Topics and Well Written Essays - 1750 words

Malaysia and Hong kong - Essay Example In this concern, majority of the economists have developed their ideas focusing on the educational criterion of the economy to promote knowledge-based society. Notably, the governmental bodies can play a significant role in accumulating the public sector with the private sector in this regard and promote the educational background of the economy. This shall not only stimulate the economic growth with lower rate of unemployment, but shall also rejuvenate the economic competitiveness (Wilson, J. P., â€Å"Human Resource Development: Learning & Training for Individuals & Organizations†). The fact can be well identified in the recent economic development of Hong Kong. Since the initiation of the 21st century several analysts have been observing the trend of Hong Kong in terms of its Human Resources. Mr. Tung Chee-Hwa played a major role in stimulating the need of knowledge-based society in order to enhance the affectivity of the Human Resources of Hong Kong. Mr. Tung was designate d as the Chief Executive of the Hong Kong Special Administrative Region (HKSAR). His ‘Policy Addresses’, for consecutive few years, were based on the requirements and the importance of a knowledge-based society. For instance, his 2000 Policy Address outlined the series of measures to be customized by the government in order to improve the infrastructure of the economy. This in turn shall facilitate its objective of gaining the advantages of a knowledge-based society. It is worth mentioning that Mr. Tung’s initiation to develop the economy into an innovative and knowledge-based society made it a prior concern for the governmental bodies until 2003. Stating precisely, as suggested by Mr. Tung, the objective could be attained effectively providing extra strength to the four chiefly categorized economic pillars, i.e. logistics, finance, producer services and tourism sector. Furthermore, to ensure these strategies the governmental framework initiated to push value add ed industries. Hence, the governmental supervision played a crucial role in enhancing Hong Kong’s Human Resources and in turn stipulating the economic competitiveness (Wong, G., â€Å"Taking stock of Hong Kong's Human Resources†). 1.2. Role of Human Capital in Developing Economic Competitiveness According to the Organization for Economic Co-operation and Development (OECD), human capital is defined as â€Å"The knowledge, skills, competencies and attributes embodied in individuals that facilitate the creation of personal, social, and economic well-being† (OECD, â€Å"The Well-being of Nations: The Role of Human and Social Capital†). Apparently identifiable from the provided definition, human capital is quite important to reward stability and competency to the economy irrespective of its present status. As further communicated by the OECD report, efficiency in terms of human capital can be attained through an enhanced education and training system to impro ve the knowledge base of the society (OECD, â€Å"The Well-being of Nations: The Role of Human and Social Capital†). It is in this context that the concept of knowledge-based economy is gaining a growing importance in the