Thursday, October 31, 2019

Australian Legal System Essay Example | Topics and Well Written Essays - 1000 words

Australian Legal System - Essay Example What constitutes the common law is not so much actual decision in a particular case as the principles upon which that decision is based (Gifford & Gifford, 1983 p5). According to Corkery (1999, p105), all law is not judge made law and there is more and more codification in Australia now. The intention of the parliaments is to tidy up the law and replace the common law subsisting before the passing the code. Therefore, the most of new law is likely to reliance on legislation today. Under the Australian State Court Hierarchy, the courts can be categorized into three different types: the Magistrates Courts, the Distinct/County Courts and the Supreme Courts. The highest judicial tribunal in Australia is the high Court and mainly deal with constitutional challenges, however one thing should be noted that the High Court can overruled the previous decision. Under the doctrine of precedent, it does not have to follow the any previous decision made by the lower courts. In order to understand the current common law system, it is essential to know the advantages and disadvantages of doctrine of precedent relied on by the common law. Even if the Common law has described as emasculated form today, compare to the statute law, there must be weaknesses and strengths together rather than only weaknesses. According to Chisholm and Nettheim (1997, p46), common law is still remained as an essential method where nobody is sure what the law is, and where the occurred cases are quiet new. Decision should be made by Judges for these kinds of particular cases such as R v Elizabeth Manley [1933] 1 KB 529 (very uncommon case) because no similar case has ever been decided. The decisions of courts play a large part in determining and changing laws and this circumstance indicates the importance of common law. In addition, Victoria law foundation (2007) stated that the most of trials nowadays are having precedents and these good precedents are making the law more consistent, because earlier judicial decision guided judges in later similar cases. Besides, a judge today must apply the reasoning used in the precedents made in higher courts when they decide a similar case. Both factors reinforce the doctrine of precedent operation as its strength. Another advantage of doctrine of precedent stated by Bird (1993, p268), using the system of doctrine of precedent could additionally be good enough to save time and resources. As mentioned above, it provides not only a guideline to narrow the decision against the 'palm tree' justice, but also offer an opportunity to save time and resources. On the contrary, precedent operation of the common law needs to be more flexible to overcome its weaknesses. In modern society, flexibility tends to be one of the most important criteria, because yesterday's solutions might not be good enough to adapt for the rapid social changes. Chisholm and Nettheim (1997, p46) argued that the English or Australian system is sometimes criticised for tying the judges too much to the past. The case of Donoghue v Stevenson [1932] AC 562, by the time the judge made the decision, he has considered the social condition changed, the judge have developed the law of negligence which has benefits every customer, where Grant v Australian Knitting Mills Ltd

Tuesday, October 29, 2019

Global Fishing and its Impact on the Environment Essay Example for Free

Global Fishing and its Impact on the Environment Essay The demand of fish in the international market has been increasing in the last few years. This is because many researches on nutrition have revealed that consuming fish is one of the best healthy practices. Fish does not have a lot of fats and bad cholesterol and it is a good source of vitamins and natural nutrients. This paper is about the trends of fishing in the global arena and its impact on the environment. The paper will concern recreational and commercial both types of fishing and the problems they are causing to the marine environment. The current state of global fisheries, aquaculture and the environmental cost of fishing will be the main subjects of interest in this paper. Although many countries have started efforts to develop practices of sustainable fishing through developing the idea of fish farms, however, the main threat to the environment is recreational fishing. The impacts on the marine life itself and the fish population will be discussed in the paper. Current State of Global Fisheries There was a steady rise in fishing, according to the United Nations Food and Agricultural Organization, until the mid 1990s when the trend became stable. In 2001, a study showed that the marine catch has been declining at a rate of 10% each year since the late 1980s. There have also been estimations that around 50% of the world’s fish reserves have been fully exploited, around 20% are overexploited and another 10% are depleted because of overfishing. The histogram graph below shows the increasing share of aqua culture in the total fishing, however, the largest share of the total fish catch is still for the fish being captured from free waters. Southeast Pacific regions contribute the most to the catch of fish globally. The fish that have been captured the most are anchovy and Chilean jack mackerel (Hart Reynolds, 2004). Figure 1- (Hart Reynolds, 2004) The research has also shown that almost 80% of the total fish captured was used for direct human consumption while other 20% went for further processing for non-consumption production. In the year 1997, the per capita consumption of fish has increased in the past 50 years from 9 kg per person to around 16 kg per person each year. This was the data for underdeveloped countries; however, the consumption in the developed countries has risen from 20kg to almost 28kg per capita per year. In the underdeveloped countries, the protein intake from the consumption of fish can form 20% of the total intake. In the developed countries and in the Southeastern Asian countries, the consumption is much higher (Hart Reynolds, 2004). The top ten countries which are the largest catchers of the total fish catches include China, Japan, India, United States, Russia and Indonesia. However, China is the largest catcher of fish as the total amount stands to around 12 million tons of fish (FAOSTAT online database, 2010). The demand of fish is stable at the moment but as the population rises, the demand for fish will also rise. It has been revealed that the people in the developed countries are more prone to eating fish as their per capita consumption is higher than people living in underdeveloped countries. Another point of concern is that the population is rising at a very high rate in countries such as India, Pakistan, Indonesia and the Middle-East where the catch of the fish is also the highest. Figure 2 Impact of Global Fishing on the Environment Today, the exploitation of the fishery resources and reserves has become a major environmental factor of concern for the scientists and environmentalists. The worldwide declines in the population of fish species have been blamed to the excessive commercial fishing and unrestrictive recreational fishing. A recent study has revealed that the total fish harvest from recreational activities may contribute up to almost 12% of the total catch of fish globally (Cooke, Steven, Cowx, 2004). Fish has been one of the most important food consumption resources that are at risk because of limitless recreational activities and commercial fishing. The potential contribution of fishing to the marine environment and the ecological system of the world has caused many problems in the environment already. Currently, the fish production is meeting the requirements of the population in the countries, but at a great environmental cost. The marine life is not only being endangered by the fishers but their breeding grounds have also been invaded by the commercial companies. These breeding grounds are the safe places for the fish. Though the fish are being bred in huge numbers, but their homes are being destroyed which does not allow the fish to be born. Although a fish can give birth to hundreds of its offspring in one season, but if these offspring are dead before they are born, then the ecological system in the waters is seriously disturbed. According to a research, the increasing pressure of fishing and exploitation of resources in marine life has caused a change in the ecological structure and the ecosystem. The fully developed fish and adult members of the fish are more fondly searched by the commercial and individuals as they render more profits and meat for the production. Therefore the adult population which is responsible for breeding and generating offspring are in great danger by the human activities in the seas. Climate change has also been attributed to the changes in the ecosystem which affect the marine life and decrease their population. In the future, therefore, the fish population, available for human consumption, is anticipated to fall and cause demand supply problems. The primary reasons for this are the attack of the humans on the marine life for consumption, recreational activities of the human individuals and the change in the global climate which is changing the living habitat of these fish (Planque, 2010). Aquaculture Production The term aquaculture is used for the farming of the fish and other marine species including aquatic plants, crustaceans and mollusks in an artificial environment which is fit for their breeding. This is done in order to protect the species of the fish which are getting extinct or for sustainable farming of fish. This practice is very good for the sustainability of the fish in free water as they are not hunted in their breeding grounds. When grown and fully ready, these fish are harvested by a company or an individual who has owned them throughout the period of growth and development (European Commission, 2007). This practice is the only option for meeting the demand of the human for fish consumption. Fishing for recreation has proved to be disastrous for the marine life and the water environment. The whole ecological system is disturbed because of excessive fishing. Aquaculture is mostly being performed for the human consumption but does not addresses the issue of recreational fishing. Aquaculture is also used to presence the dying species by providing the required temperature, environment and food for their existence. Many of these fish could be released in to the wild waters so that they could be used in the recreational activities (Stickney, 2009). Conclusion In order to keep the demand consistent with the supply for fish in the global market, the practice of aquaculture will have to be adopted. The main issues that the fish face are the recreational activities of the human, commercial overexploitation and the change in climate of the world. These problems are changing their habitat environment and hence these fish are getting endangered. However, we should keep in mind that all of the fish species are not being caught for human consumption. Hence, aquaculture will not be able to address this issue. Other strict rules and regulation will have to be implemented by the governments in order to stop the recreational killing of fish. Only the hunting of those fish should be allowed which are abundant in the waters. Aquaculture could be used to breed those fish which are primarily used for the consumption of human through providing an artificial environment where the fish can grow up in a protected way. Bibliography Cooke, Steven, Cowx, I. (2004). The Role of Recreational Fishing in Global Fish Crises. BioScience , 54 (9), 857-59. European Commission. (2007). Eurostat. Retrieved May 9, 2010, from Eurostat Pocketbook: http://epp. eurostat. ec. europa. eu/cache/ITY_OFFPUB/KS-DW-07-001/EN/KS-DW-07-001-EN. PDF European Commission. (2009, September). Eurostat. Retrieved May 9, 2010, from Fishery Statistics: http://epp. eurostat. ec. europa. eu/statistics_explained/index. php/Fishery_statistics FAOSTAT online database. (2010). NationMaster. Retrieved May 9, 2010, from Environmental Statistics: http://www. nationmaster. com/graph/env_mar_fis_cat-environment-marine-fish-catch Hart, P. , Reynolds, J. (2004). Handbook of fish biology and fisheries. Oxford: Blackwell Publishing company. Planque, B. (2010). How does fishing alter marine populations and ecosystems sensitivity to climate? Journal of Marine Systems , 403-417. Stickney, R. (2009). Aquaculture an introductory text. Oxfordshire: Cambridge University Press.

Sunday, October 27, 2019

Mechanisms that Lead to Dynamic Self-organization

Mechanisms that Lead to Dynamic Self-organization SELF-ORGANIZATION AND GROWTH OF NANOSTRUCTURED BRANCHED CRYSTAL PATTERN IN BELOUSOV-ZHABOTINSKY TYPE CHEMICAL REACTIONS ROHIT SRIVASTAVA, M.Phil. 1. Introduction The self-assembly of structural motifs and the self-organization of dynamic motifs into highly ordered one-, two-, or three-dimensional patterns with controlled structures have received much attention in recent years, because of their importance in basic research and their potential applications [1,2]. The spontaneous formation of nano-scale patterns represents a significant way to control the structure and morphology of various functional materials [3,4]. This area is of significant interest because of its possible relevance in improving the materials properties. It can be achieved readily by organizing the nanostructure building blocks by reacting chemical systems over a broad spectrum of space and time [5]. The recent application of nonlinear chemical phenomena has been found in the designing of modern materials of advanced functionality [6-8]. The reacting chemical systems have also been found useful to fabricate and design of diverse optoelectronic nano-devices and nano-catalyst s. The role of self-organization has been exemplified to control the orders and hierarchy of such intricate patterns [9-12]. Self-organization, based on interplay between reactions and diffusion, has been found to occur in a range of physical and chemical systems. The recent development of non-equilibrium crystallization phenomena enables one to forms spontaneous, coherent, and periodic patterns which are accompanied by molecular interactions. Among the different nanostructures, the dendritic, diffusion-limited-aggregation (DLA) and spherulitic crystal patterns are attracting the attention of scientific community due to their importance in connection to some fractal growth phenomena and crystallography research [13-15]. The growth of dendritic crystals is also an example which mimics several pattern-forming phenomena encountered in nature and biology. The aim of our research is to understand the mechanisms that lead to dynamic self-organization in nature in order to anticipate the development of some interesting bio-inspired materials and devices that function far from equilibrium. The present research is also helpful to understand, design and control chemical systems that exhibit complex, non-linear, dynamical behavior in time and space. These behaviors include periodic oscillations, chaos, wave propagation and pattern formation. Such system may provide some insights into related phenomena encountered in biology, physics, mathematics, polymer and material science. The Belousov-Zhabotinsky (BZ) reaction provides a classical platform for investigation of these phenomena. The work described here is an experimental study of growth of nanostructured branched crystal patterns by utilizing three different types of BZ systems. In liquid phase, we observed the reaction system to result into well distinguishable intermediate spatial patter ns leading to the formation of DLA and spherulitic structures as the final product. The oscillatory behavior, exhibited by UV-Visible spectroscopy, was found to be interrelated to the DLA and spherulitic structures formed in the BZ system. On the basis of these results, a general mechanism for the synchronized formation of the ordered DLA and spherulitic structures is proposed. In another chemical system chaotic oscillations have been observed experimentally in dual–frequency oscillator o-Hydroxyacetophenone–cerium–bromate–sulphuric acid (OAP–Ce4+– BrO3−–H2SO4) in CSTR. 2. Scope of the study . Recently there has been increasing interest in fractal and self-organized nanostructured branched crystal growth phenomenon under non-equilibriums conditions. Laplacian growth phenomenon in pattern formation has attracted considerable attention.. DLA and spherulitic crystal patterns have also been observed in various crystallization phenomena usually at far from equilibrium conditions, such as electrodeposition, bacterial colonies, colloidal aggregates, dendrite formation, viscous fingering, and many others. Our research interests are to elucidate the mechanistic aspects of aggregation in macromolecules related to the biological pattern formation. The growth of nanostructured dendritic crystals is also a profound example among a wide range of pattern-forming phenomena in nature and biology. The study of chemical and biological pattern and their shapes have considerable current interest due to its close resemblance with morphology of growing bodies. Irreversible aggregation of small particles to form large clusters is technologically and scientifically important. Far from, equilibrium growth phenomena have been reported in electrochemical deposition, physicochemical and biological systems. The study of chemical waves, rhythmic crystallization in gel media and crystal growth, will be helpful in understanding morphological stability of growing bodies. 3. Objectives The present study includes the objectives systematically, from following angles To investigate new types of multiple patterns in mixed organic substrate of Belousov-Zhabotinsky reaction. To investigate stationary-like spatial patterns in dual organic substrate of a micro-emulsion system. To study the transition from stripe to hexagonal spatial pattern by varying the temperature and concentration of the BZ reactants. To study the growth of nanostructured DLA and spherulitic crystal pattern in BZ type oscillatory chemical reaction. To study the chemistry of undertaken BZ reactions and proposed the reaction mechanism. To study the entertainment phenomena between co-existing oscillators and continuously stirred tank reactor (CSTR). To study the dynamics of the spatiotemporal pattern formation by varying the chemical and physical parameters. To elucidate the role of reaction-diffusion mechanism and self-organization process for the growth and morphological study of predictable crystal patterns with help of various analytical methods. 4. Organization of thesis The organization of thesis has been classified into following chapters. Chapter 1 provides an introduction to the thesis. This chapter outlines, in brief, self-organization in nonlinear chemical dynamics and its relation with the material science. The work conducted and presented as part of this thesis rely upon previous research conducted across a broad range of scientific disciplines; which include an understanding of the concept of nonlinear chemical dynamics; the nonlinear reaction kinetics of the BZ reaction; and materials science. In this context, the workflow of the thesis is outlined in this chapter. One of the initial objectives of the research was to become familiar with the chemistry of the BZ system, with a particular interest in identifying the reaction parameters that control and affect the types of patterns that are formed. Pattern formation and chemical chaos in the BZ system was studied individually in different systems. Chapter 2 provides the literature survey from the historical background of the BZ reaction to recent development in pattern formation in oscillatory reaction media. This chapter includes the following subheadings. Historical background of the BZ reaction Oscillatory chemical reaction and chemical chaos Patterns and wave Substitutes of the BZ reaction Recent development in pattern formations in oscillatory reaction media Chapter 3 describes the detailed experimental procedure adopted for the growth of self-organized nanostructured spherulitic patterns and their morphological investigation in combination of dual substrates (adipic acid and acetyl acetone) and dual catalysts (cerium and ferroin) by utilizing a number of characterization techniques e.g. optical microscopy (OPM), scanning electron microscopy (SEM) and transmission electron microscopy (TEM), X-ray diffractometer and Fourier transform infrared spectroscopy (FT-IR) spectroscopy. The oscillatory behavior was also investigated by using UV-Visible spectroscopy. On the basis of these results clues are sought for explaining the observed growth of nanostructured spherulitic patterns inlight of self-organization phenomenon. Chapter 4 deals with the detailed experimental procedure for the growth of self-organized nanostructured diffusion-limited-aggregation (DLA) crystal patterns. The DLA crystal patterns were characterized OPM, SEM, TEM, XRD, Fourier transform infrared spectroscopy (FT-IR) and thermogravimetric (TG) analysis. The oscillatory behavior, exhibited by UV-Visible spectroscopy, was found to be interrelated to the DLA structures formed in the reaction system. This chapter elucidates the roles of the various possible factors behind such phase-transformation along with the plausible explanation of the corresponding reaction pathways. Chapter 5 furnishes the detailed experimental procedure and analysis for the growth of nanostructured DLA patterns in microemulsion consisting of water, styrene, cetyltrimethylammonium chloride (CTACl), potassium persulfate (PS) and oscillating Belousov-Zhabotinsky (BZ) reactant. The chapter describes the analysis of formation of a variety of spatiotemporal patterns viz. concentric wave, spatial (stripe) and chaotic pattern in the used BZ reaction system and has employed TEM, XRD and particle size analyzer to study the morphology, crystallinity and particle size of the associated structure formed. Chapter 6 of the thesis represents the detailed experimental procedure and associated studies for the investigation of chaotic oscillations observed experimentally in dual–frequency oscillator. Chapter 7 is the conclusion, which summarizes the research findings and also provides a future perspective of the work undertaken. References M. Antonietti, Nat. Mater., 2 (2003) 9. H. Cà ¶lfen, S. Mann, Angew. Chem., 115 (2003) 2452. J. P. Gollub and J. S. Langer, Rev. Mod. Phys. 71 (1999) 5396. H-J Freund, Surf. Science. 500 (2002) 271. T. A. Witten, L. M. Sander, Phys. Rev. Lett. 47 (1981) 1400. I. Das, N. Goel, N. R. Agrawal, S. K. Gupta, J. Phys. Chem. B, 114 (2010) 12888. I. Das, R. Choudhary, S. K. Gupta, P. Agrawal, The Phys. Chem. B, 115 (2011) 8724. I. Das, N. R. Agrawal, R. Choudhary, S. K. Gupta, Fractals, 19 (2011) 317. Gao-Ren Li, Xi-Hong Lu, Dun-Lin Qu, Chen-Zhong Yao, Fu-lin Zheng, Qiong Bu, Ci- Ren Dawa and Ye-Xiang Tong, J. Phys. Chem. C, 111 (2007) 6678. K. Fukami, S. Nakanishi, H. Yamasaki, T. Tada, K. Sonoda, N. Kamikawa, N. Tsuji, H. Sakaguchi, Y. Nakato, J. Phys. Chem. C, 111 (2007) 1150. A. Volford, F. Izsak, M. Ripszam, I. Lagzi, Langmuir, 23 (2007) 961. T. Wamg, An-Wu Xu, H. Colfen, Angew. Chemie, 45, (2006) 4451. N. Yadav, P.K. Srivastava, New. J. Chem., 35 (2011) 1080. N. Yadav, P.K. Srivastava, Cryst. Res. Tech., 46 (2011) 277. N. Yadav, S. S. Majhi, P. K. Srivastava, Bullen. Korean. Chem. Soc., 33 (2012) 3397. List of publications Rohit Srivastava* and P.K. Srivastava, Self-organized nanostructured spherulitic crystal pattern formation in Belousov-Zhabotinsky type reaction system, Chemical Physics, 426 (2013) 59-73. Rohit Srivastava*, P.K. Srivastava and Jayeeta Chattopadhayay, Choas in a chemical system, European Physical Journal Special Topic, 222 (2013) 777-783. Rohit Srivastava*,Jayeeta Chattopadhyay, P.K. Srivastava, Narendra Yadav, Growth of nanostructured Diffusion-Limited-Aggregation (DLA)-Grass like branched patterns in a Belousov-Zhabotinskii (BZ ) type reaction system, International Journal of Chemistry, 34 (2013) 1119. Rohit Srivastava and P.K. Srivastava, Multiple pattern in mixed substrate BZ system, Chemistry Journal, 2 (2013) 44. Rohit Srivastava*, and P.K. Srivastava Self-organized nanostructured Diffusion-Limited-Aggregation (DLA) crystal pattern formation and morphological transition in BZ type reaction system, New Journal of Chemistry (Under review), 2014. Rohit Srivastava* and P.K. Srivastava, Nanostructured Diffusion-Limited-Aggregation (DLA) crystal pattern formation governed by spatial pattern in reactive microemulsion system, J. Nanostru. Chem. (Springer Publishing) (In press), 2014. Conference Publications: Rohit Srivastava and P.K. Srivastava †Chaos in a chemical system† Proceed. 7th National conference on Nonlinear Systems and Dynamics (NCNSD), Organized by Department of Physics, Indian Institute of Science Education and Research (IISER) Pune, (12-15 July, 2012). Rohit Srivastava and P.K. Srivastava † Self-organized nanostructured Diffusion-Limited-Aggregation (DLA) crystal pattern formation in Belousov-Zhabotinsky (BZ) type reaction system† Proceed. 8th National conference on Nonlinear Systems and Dynamics (NCNSD), Organized by Department of Physics, Indian Institute of Technology (IIT Indore) Indore (12-15 December, 2013).

Friday, October 25, 2019

The notebook Essay -- essays research papers fc

Outline I.  Ã‚  Ã‚  Ã‚  Ã‚  About the author A.  Ã‚  Ã‚  Ã‚  Ã‚  The author of The Notebook is Nicholas Sparks B.  Ã‚  Ã‚  Ã‚  Ã‚  Sparks was born in Omaha, Nebraska, on New Year’s Eve. C.  Ã‚  Ã‚  Ã‚  Ã‚  He has been on the New York best seller’s list. II.  Ã‚  Ã‚  Ã‚  Ã‚  Characters A.  Ã‚  Ã‚  Ã‚  Ã‚  Noah Calhoun 1.  Ã‚  Ã‚  Ã‚  Ã‚  He is not a very wealthy person. 2.  Ã‚  Ã‚  Ã‚  Ã‚  He loves to read poetry because of his shudder problem when he was smaller. B.  Ã‚  Ã‚  Ã‚  Ã‚  Allie Nelson 1.  Ã‚  Ã‚  Ã‚  Ã‚  She is very wealthy. 2.  Ã‚  Ã‚  Ã‚  Ã‚  She loves to paint pictures. III.  Ã‚  Ã‚  Ã‚  Ã‚  Plot Summary A.  Ã‚  Ã‚  Ã‚  Ã‚  In North Carolina, Noah is haunted by images of the girl he loved and lost along time ago. B.  Ã‚  Ã‚  Ã‚  Ã‚  Allie is about to marry a wealthy lawyer, but she cannot stop thinking about the boy who long ago stole her heart. The Notebook   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Just after Graduation 1932, the opening night of the Neuse River Festival, Noah met his friends Fin and Sarah there. Fin and Sarah were talking to a girl that Noah thought was beautiful, her name was Allie. They hung out at the festival and drank some cherry Cokes until it closed. After that Noah and Allie could not be kept apart. They spent the summer days falling in love and h...

Thursday, October 24, 2019

Asses the view, that working class children underachieve because they are culturally deprived Essay

Middle class children have a higher tendency of achieving more than pupils of the working class. A few explanations pay attention on the external factors outside school. This includes cultural deprivation – working class pupils are portrayed as having a lack of correct attitude, values, language and knowledge for educational success. Whilst material deprivation means that working class pupils are most likely to have poorer diets, health and housing and their parents are less able to meet the hidden costs of schooling. The middle class have mote cultural capital – they have a better advantage of their choices within the marketised education system. There are three main aspects to cultural deprivation. The first is intellectual development; theorists argue that many working class homes lack things such as books, educational toys and activities which would help to stimulate intellectual development. Douglas (1964) found that pupils of the working class scored lower on a test of ability than those of the middle class. He argued that because working class parents are likely to be less supportive of their child’s intellectual development this has an impact on them. This could then lead to underachievement as it would mean the child is always behind. Secondly, Bernstein (1975) looked at the difference in language between working class and middle class students. He identified that language can be categorised into two types of speech codes. This highlights the differences between both the working and middle class. The restricted code was typically used by those of the working class. It consisted of a limited vocabulary and is based on use of short, often unfinished, grammatically simple sentences. Their speech is predictable and sometimes consists of single words and hand gestures. The restricted code is context bound so the speaker makes the assumption that the listener shares the same set of experiences. Then there was the elaborated code which is most commonly used by those of the middle class. Vocabulary is a lot more varied and is based on more grammatically complex sentences; speech is more varied and communicates abstract ideas. It is also context free: so the speaker doesn’t assume that the listener shares the same experiences as them, allowing the use of a more descriptive language. This would lead to under achievement  because the language used in schools and in test papers tend to be in the elaborate code as it is seen as the ‘correct’ way of speaking and communication, so therefore middle class people are again at an advantage. Finally, attitudes and values, Hyman (1967) argued that values and beliefs of the lower class show a ‘self-imposed barrier’ to educational and career success. Hyman outlined between working-class and middle-class value systems Members of the working class place a lower value on education. They place less emphasis on formal education as a means to personal achievement, and they see less value in continuing school beyond the minimum leaving age. Members of the working-class place a lower value on achieving higher occupational status, In evaluating jobs, they emphasize ‘stability, security and immediate economic benefits’ and tend to reject the risks and investments involved in aiming for high-risks occupations. Job horizons tend, therefore, to be limited to a ‘good trade’. Compared to their middle-class counterparts, members of the working-class believe there is less opportunity for personal advancement. This belief is probably the basis for the lower value placed on education and high occupational status. Whilst Sugarman (1970) similarly argued that working class subculture has four key elements that create this barrier to educational achievement: Collectivism involves loyalty to the group rather than to emphasis on individual achievement which the school system demands. Immediate gratification emphasizes the enjoyment of pleasures of the moment, rather than sacrifices for future rewards, Will also tend to encourage early school-leaving for the more immediate reward of a wage packet, adult status and freedom from the disciplines of school. Fatalism involves an acceptance of the situation rather than efforts to improve it; it will not encourage high achievement in the classroom. Present-time orientation may further reduce the motivation for academic achievement, whereas an emphasis on long-term goals and future planning can encourage pupils to remain longer in full-time education by providing a purpose for their stay. Cultural deprivation theorists argue that parents pass on values of their class onto their children. Values of middle class will equip children for success, whilst working class values fail to do so. However Keddie (1973) describes cultural deprivation as a myth and sees it as  a victim blaming explanation. She believes that having a culturally deprived background can’t be blamed as the reason that certain pupils fail in school. She argues that there is no cultural deprivation but cultural differences; failure is due to the disadvantages that are pursued by an education system dominated by middle class values. She believes that schools should recognise and build on strengths, and also challenge teachers’ anti working class prejudices. Under achievement can also be subjected to material deprivation. This can also be classed as poverty. It is a lack of basic necessities such as adequate diet, housing, clothing or the money to buy these things. Material deprivation theory explains working class under achievement as the result of the lack of such resources. Unlike cultural deprivation theorists, who blame educational failure on the inadequacy of working class subculture, many other sociologists see material deprivation as the main cause of under achievement. Poverty is closely linked to educational under-achievement. Although external factors, such as cultural deprivation, material deprivation and cultural capital can play an important part as to why there is class difference in regards to achievement, there are also internal factors that can be put to blame. To label someone is to attach a meaning or definition to someone. Studies show that teachers often label pupils regardless of ability or attitude, by basing labels on stereo-typed assumptions about their class background, labelling working class pupils negatively and working class pupils positively. This can restrict pupils from achievement as it means teachers will refrain from giving pupils they have labelled negatively from getting the support they need, meaning they do badly at school. The self-fulfilling prophecy is a prediction that comes true simply by virtue of it having been made. Integrationists argue that labelling can affect a pupils achievement by creating a self-fulfilling prophecy. When a teacher labels a pupil, they make predictions about their abilities for example, ‘this child will do well’ – The child then gets treated in accordance to this prediction, the pupil then internalises the teacher’s expectations which becomes part of its self-image. This makes the child become the kind  of pupil the teacher perceived them to be. (e.g. if a child is labelled positively, the child will then gain more confidence and try harder with their work, thus leading them to success). This prevents children from having the potential to do well, rather than working hard to allow them to do their best they allow their teachers opinion of them to hold them back. Marketisation is the final internal factor that portrays class differences of achievement. Schools operate on a wide education system, whose policies affect class differences in achievement. Such policies include marketisation and selection. Marketisation brought in – a funding formula that gives the school equal funding for each pupil, exam league tables which rank each school according to its exam performance and make no allowance for the level of ability of its pupils, and competition among schools to attract pupils. Marketisation explains why schools are under pressure to do well. Some schools respond to marketisation by creating a traditional image to attract middle class parents – this has re-in forced class divisions. Schools have to spend more money on marketing themselves to parents, often at the expense of spending funds on special needs or other important areas. Overall I think it is clear that cultural deprivation plays a huge part in regard to underachievement. Pupils lack help both at home, and at school, meaning they have less chance at doing well. Internal and external factors both work alongside each other – putting middle class pupils at an advantage in contrast to working class pupils.

Tuesday, October 22, 2019

Public Employees and the Right to Strike Essay

â€Å"After a 60-hour strike that halted subway and bus service in 2005; a state judge penalized the Transport Workers Union by taking away its most powerful money-raising tool: automatic collection of dues from members’ pay checks.† (New York Times, November 2007)   Ã‚   An incongruity due to establishment of new employment conditions or some other contention between the employer and his employees is referred to as a collective labour dispute. According to Eamets and Philips [2005], the United States constitution does not allow its citizens to conduct a strike. The government employees are encouraged to present their point of views to the government but no law permits them to form adversaries as bargaining envoys against it. The laws from Britain that forbid the people to speak against the monarchy are still in practice by some American States. If an agreement is not feasible through debate, both the opponent parties are required to consult the communal mediator to avoid disarray at work sites. The employees in public sector are divided into three groups, The public servants, who work as law permits on civil servants and have particular employment pledges, The technical recruits, who work in the state institutions and district metropolis, The temporary workers, working project based or for a limited time period.   Ã‚  According to ROTAL – Riigi- ja Omavalitsusasutuste Tà ¶Ãƒ ¶tajate Ametià ¼hingute Liit, [represents the interests of civil servants], at least the technical recruits and the temporary workers should have the right to strike. Conversely as declared by the Collective Labour Dispute Act, disputes between the labour and the employers must be resolved through the consultation of a moderator, deciding on a mutual agreement. Strikes are barred in the following associations: â€Å"Government agencies and other state bodies and local government; and The defence forces, other national defence organisations, courts and fire fighting and rescue services.† (Eamets and Philips, 2005)    The divergence amid the private and the public management concerning the collective bargaining is quite intense. The public sector comprises of political decisions by the government affecting everyone. They also benefit from more privileges and benefits as compared to the private sector employees. As declared by the Massachusetts’ Governor Calvin Coolidge in 1919 when he broke the Boston police strike, the civil workers have no right to strike against the public. The same thoughts were voiced by President Roosevelt in 1937 â€Å"A strike of public employees is unthinkable and intolerable.† (Stopping Public-Employee Strikes, 1966) Governor Bill Ritter declared an administrative command that rules out any strikes by civil servants, which encourages the employees and labour unions to join together and create harmonious working conditions. However concern was voiced by the State Representative Bob Gardner, specializing in government regulatory law; that legislation should be introduced to prohibit strikes in law as they may surface after this new order. Since the unions may try to negotiate for higher reimbursements possible producing unsatisfactory results for the union leaders thus conduct a strike. (Lawmaker: Public Employees Have Right to Strike, Despite Ritter’s Order, 2007)    This fact creates problems in deciding whether to allow the workers to strikes or not, it is human nature to be unsatisfied with the present circumstances and strive for more. In the early years, federal employees were not allowed even to join unions or groups that may sponsor strikes otherwise deal with one year imprisonment. It is the temperament of labour unions to ask the employers much more than they are willing to partake, which then precede strengthening of perceptions and then eventually the strike. Increasing strikes will result in greater costs of state and local government and the taxes as well.   Ã‚  Ã‚   The debate accumulated during the year 2004 that all civil workers should not be prohibited to advocate their rights through strikes. The proposal from the trade unions that request for some modification in the legislation regarding the Collective Labour Dispute Act, making the public employees rights issue a notorious one globally. (Eamets and Philips, 2005) Even today the arguments still continue, the concern being that the public suffer most by the workers’ strikes, which ceases to provide them with the essential services. At the same time according to the employers, it acts as a major threat to the public finances and the government policies. Public employees like doctors, nurses, teachers and industrial workers hold power to raise an opinion against their employer which might force him to entertain their demands.   Ã‚   All this creates a critical issue in employment regulations; how to achieve a bargain with the workers effectively, catering to their demands and at the same time achieving hundred percent labour. Often the strike becomes the sole way to gain attention of the higher authorities like the government. However it must be stated that the worker has his own rights and requirements, there should be proper bargaining conducted to assure a sound working system. The workers should be allowed to protest or display their demands, if an individual is working hard to fulfil his employers stipulate, he or she holds the right to be treated properly so as to encourage and compliment his work standard. If the fundamental rights of labour are being considered, there will be no need for calling strikes in the future. REFERENCES Raul Eamets and Kaia Philips,†Controversy over civil servants’ right to strike† [6 January 2005] â€Å"Lawmaker: Public Employees Have Right to Strike, Despite Ritter’s Order in Unions† [7 November 2007] â€Å"Stopping Public-Employee Strikes† [14 January 1966] OSCAR A. WEIL and ORVILLE V. BERGREN â€Å"The right to strike: Should teachers get or do they have it?† [16 April 1977] WILLIAM NEUMAN, â€Å"M.T.A. Asks for Restoration of Automatic Dues Payment† [2 November 2007] New York