Friday, December 27, 2019
Practice in Using Capital Letters
In the following sentences, some words need to be capitalized, and some words that are capitalized should be in lower case. Correct the capitalization errors, and then compare your answers with those below. During first-year orientation, my Brother registered for classes in Psychology, Spanish, Biology, and English.The Avengers, long awaited by fans of the Comic Book, assembled several superheroes in one movie: iron man, captain america, the hulk, thor, hawkeye, and black widow.In the Spring of 2012, I graduated from Hollywood high school in Los Angeles, California.One of the Worlds richest people is mayor Michael Bloomberg, Founder of Bloomberg L.P.The man in the hawaiian shirt drove a Chevrolet Corvette Sports Car with expired Texas License Plates.The New York times reported that scientists had deciphered a sequence of the dna of Molecular Biologist James Watson.In 1610, German Astronomer Johannes Kepler observed that two Moons orbit the planet mars.Following the setting Sun, we drove West on interstate 80.On memorial day, I visited Arlington national cemetery with my Father.One of the most memorable instances of Product Placement in sports occurred at the 1999 fifa Womens World Cup w hen Brandi Chastain removed her shirt to reveal a nike sports bra. Quiz Responses Here (in bold) are the answers to the exercise above. During first-year orientation, myà brotherà registered for classes inà psychology, Spanish,à biology, and English.The Avengers, long awaited by fans of theà comic book, assembled several superheroes in one movie:à Iron Man, Captain America, theà Hulk, Thor, Hawkeye, andà Black Widow.In theà springà of 2012, I graduated from Hollywoodà High Schoolà in Los Angeles, California.One of theà worldsà richest people isà Mayorà Michael Bloomberg,à founderà of Bloomberg L.P.The man in theà Hawaiianà shirt drove a Chevrolet Corvetteà sports carà with expired Texasà license plates.The New Yorkà Timesà reported that scientists had deciphered a sequence of theà DNAà ofà molecular biologistà James Watson.In 1610, Germanà astronomerà Johannes Kepler observed that twoà moonsà orbit the planetà Mars.Following the settingà sun, we droveà westà onà Interstateà 80.Onà Memorial Day, I visited Arlingtonà National Cemeteryà with myà father.One of the most memorable instances ofà product placementà in sports occurred at the 1999à FIFAà Womens World Cup when Brandi Chastain removed her shirt to reveal aà Nikeà sports bra.
Thursday, December 19, 2019
Naturalism Is the Style of Art That Details Precision and...
March 08, 2012 Humanities 200 Essay Topic 1 Question #2 Naturalism is the style of art that details precision and accuracy in displaying things as they are. Artists during would use naturalism by taking realistic figures and depicting those figures in natural setting as realistically as possible. Prior to the Renaissance, artists maintained their dependence upon the ancient tradition of icon painting, mostly of the religious kind. Duccio di Buoninsega of Siena conveyed within his paintings early features of naturalism, which would invoke an expressive and spiritual seriousness to the viewer of these paintings. From his early work on out, Duccio displayed a progressive abandonment of the early forms of art. Displaying the stiff headâ⬠¦show more contentâ⬠¦In Raphaelââ¬â¢s, Sistine Madonna, he was able to create a painting depicting a combination of material and worldly elements within the heavenly, in a perceived dramatic interaction. The stage is seen as the lid of Pope Julius II coffin, while the drawn apart curtains to display the divine action. Raphael also includes two little angels whose expressions are seen as boredom and impatience placed in the painting as for a little humor. But in comparison to the baby Christ, Raphael has baby Christ looking to be caught in the moment, very aware of its significance in the future, and what Christ needs accomplish in the present. Finally, for the Madonna, Raphael portrayed her differently than his usual depictions. The Madonna appears to be looking down and directly towards the viewer, applying a realistically emotion of self-conscious yet tragic and mystical but ecstatic imagery. Raphael successfully is able underline all those qualities by surrounding her frame with a visual light. Giotto is credited with first taking a painting and making it as a window into space. Though, it was not until the development of perspective that a bigger movement was made of towards realism in the arts. Throughout the Renaissance period, painters developed other techniques, by observing lights and shadows, and even the human anatomy. Primarily, these changes reflected in the values of the Renaissance within an artistic method, help motivate a rejuvenated desire to portray what wasShow MoreRelatedMetz Film Language a Semiotics of the Cinema PDF100902 Words à |à 316 Pagessemiologist Roland Barthe (Writing Degree Zero, translated by A. Lavers, London, 1967), who uses it to indicate the presence of the interaction between an author and the society he writes in and for, and which is neither literary idiom nor literary style. Within any literary form there is a general choice of tone, of ethos . . . and there is precisely where the writer shows himself clearly as an individual because this is where he commits himself (p. 19). Thus, writing is the tone, delivery, purpose
Wednesday, December 11, 2019
Human Resource Management Top Strategies and Decision Makers
Question: Discuss about theHuman Resource Management for Top Strategies and Decision Makers. Answer: Introduction HR leaders have found a place at the table along with their companies top strategies and decision makers. The report sums up important decisions among HR professionals who have acknowledged its validity to pause and wonder. Since they have fought to change the professionalism, today smart companies do have a place for HR at the table. HR now faces challenges living up to utmost expectations. They seek in identifying and advocating for the people related business decisions (Bratton Gold, 2012). Again the impact of Human Resource Management has a tremendous impact upon the growth especially in todays global competitive market. In todays scenario the importance of learning in business has reflected the theories like learning organizations and knowledge management. Considering about the rapid environmental changes it is thus necessary for employees in obtaining the relative compatibility with changes and maintaining the employee satisfaction through frequent engage to learning and teach ing experiences. There we can find that achieving knowledge is a competitive advantage and employee training and so attention should be paid to each employees abilities. Since a learning organization is a company and deploys the capacity to learn, change and embrace the culture thus enabling every employees to acquire in a continuous manner and sharing of knowledge (Ulrich, 2013). Now organization development is necessary and involves the process of improving organizations effectiveness and employees wellbeing. It has to focus at both the macro and micro levels. HRD thus plays the role of change agent. Various roles and strategic are provisioned for HR and includes consulting with corporate strategic thinkers, help articulating goals and developing HR plans. This report basically deals with the development strategic planning to education and training programs. Here the developer develops more efficient work teams, improves the quality of management, implements the intervention strategies and develops change in reports (Ulrich, 2013). In case of learning programs the HR leaders take initiates in identifying needs of the learners, develop and design materials and other learning aids. It also helps to develop program objectives, take lessons plans and strategies where the facilitator presents learning materials, leads with structured learning experiences through the use of instructional methods and techniques. As a result for the performance management enrichment HR advices the line management over appropriate interventions to improve individual and group performance thus it provides intervention strategies (Purce, 2014). Through the addressing of HRD practices and programs it determines them effectively for changing the current and future problems. In the above process there are lot challenges for HRD and needs a lifelong learning for competing in global economy in order to change the workforce demographics. Important Actionsa HR Human resources professional understands the realities of todays work environment. Learning from them would involve a wide range of complex responsibilities and strategic activities which are central to help achieve a successful organizational climate. Taking an interactive learning program from HR developers brings you into a real world unto the day-to-day situation of your studies (Purce, 2014). These respected HR professionals allow you to network providing a hands-on, interactive, experiential learning. This in every scope of knowledge leads to business endorsement and gaining practical understanding of the matters in and around the organization. There are various techniques needed to build effective teams through empowering individuals. There is also a need for development and monitoring of human resource regulations which would address the new development as per the employment law. Management resource is necessary to know about the organizational development policies and development. These are most preferably designs processed for professionals who do the duties of training and development management (Storey, 2014). Training and development involves planning, directing and coordinating programs enhancing the knowledge and skills of the organizations employees. The manager oversees the staff of training and development specialists. The managers do the following: Assessing the employees need for training Creating and managing the training budget and ensure that operations are done within budget. Make best use of the available resources through developing and implementing the training programs Updating of training programs that ensures that they are currently been established. Overseeing creations educational materials like online learning modules. Reviewing of training materials from a variety of vendors and selecting it along with the appropriate content Teaching of training methods and skills for instructing and supervising Evaluating of effectiveness and training programs Company wants promoting of productive and knowledgeable workforce in order in staying competitive. Training and development mangers work to align with the ease to meet organization goals. The managers also oversee all training programs, staffs and budgets and organize training programs that includes creating and selecting course content along with materials (Jiang et al, 2012). This training is in the form of a video, self-guided instructional manual being delivered through computer, tablets or hand held electronic type devices. The session is collaborative with employees being informally connecting the experts, mentors and colleagues. They ensure the training methods, software, systems, content and other equipment to get appropriate and meaningful. Now this training and development have authorization over staffs of training and development specialists like an instructional program developers, instructors or designers. They teach having various training techniques and methods to specialists. The function also includes directing the daily activities of specialists and evaluating their effectiveness. In order to enhance the employees skills and help building the overall quality work of an organization, the training and development managers confer with each departments manager so as to identify the needs of training. Usually they work with top executives and financial officers and help identifying the matched priorities aiming taking into matter the organization goals. Apart from it they also prepare the training budgets while ensuring that the expenses to must stay within budget (Mello, 2014). Employee while their training comes across variety of learning and development opportunities which includes: courses, seminars, sessions over learning calendar, special projects, leadership development program. Job shadowing, acting opportunities, developmental transfer assignments, workshops and seminars, leading team meetings, dealing with dissatisfied customer and working with colleagues for redesigning of work process. Coordinator develops, design and facilitates variety of Human Resources and organizational developmental training programs. HR developer as a coordinator conducts the needs assessment for training and staff development to help enhance the effectiveness of employee performance in achieving the objectives and goals. They also facilitates programs concerning soft skills, policy, technology and be responsible for the statistical and financial reporting of ongoing training course of action. Oversees training records and manage the destruction and storage as per the organization schedules thus assisting with developing and coordinating training contract proposals. They include the use of vendor agencies for facilitators and external presenters whenever necessary (Renwick, Redman Maguire, 2013). At every levels employees must work together in order to meet the needs of the community and the organization. This must be done through work behaviours and demonstrating the values. Employees also put their expectations to lead and demonstrate to the highest level of building standards and ethics (Budhwar Debrah, 2013). Relationship Between Organisational Development (OD) and HRDs' Strategic Human Resources Managers have increasingly taken lead in the organizational change activities. On the belief of self-renewal, HRD and OD have sought to build flexible and adaptable capability for both the individual and organization. Since HR has shifted from tea and tissue reputation to demand a seat at the table with strategic functions which seeks after becoming further strategic, commercial, professional and proactive. But this shifting requires HR practitioners in delivering a short termed functional activity thereby equipping the organization in long term performance sustainability through its people. This shift shows the expansion of HR agenda so as to include every aspect of people that process to deliver the organizations effectiveness. This include involving the right people, the right leadership, the right culture, the right change management, right people process and right organization design. Here we find few activities that are the Organization Development (OD) threads and include: strategic organization system alignment, high performance culture development, and change management, long term perspective and capability development. Therefore we find a number of things common for HR and OD. They utilize system to work together supporting the organization to pursue the long term sustainable performance. Again since the HR takes upon increasingly transformational role, the OD will enable HR to perform certain functions these are: work on organization design, analyse and improve over organizations health, design and deliver development and learning interventions, support transformation, keep the organization fit and healthy to challenge in future (Budhwar Debrah, 2013). Figure 1: Framework Source: (Budhwar Debrah, 2013) HR delivers effective OD through the line managers as being the primary practitioner for developing the organization. The leader must hold the custodian role for improving organization health/ performance and safeguarding. HR also needs a close working association with the senior leaders thus to turn them into commissioner those can diagnose and know their impact to improve the organization health and appreciate like an organization human system. HR needs an assurance about leadership capabilities that are not only transactional. Leaders require adding the ability to interpret the data to form effective, delineate organization and manage the environment. They have to make sure of the organization relevance that is aligned to organization (Kehoe Wright, 2013). They stand sufficiently to understand the human dynamic situation making sure of the robust process existing to inspire people within the organization. Thus the leaders make sure of the organization internal capability and by matching their strategic ambition. Human Resource Management improves the skills, knowledge thus increasing the value of the employee in the organization. It is the managers responsibility and HRD to change in the organization and meet its future goal. Many at times, they create this new Organizational Development (OD) department and accelerate the change by moving management and resources for giving a specific work. In any way this changing type affect people that why the HR development specialist often get involved in OD (Kehoe Wright, 2013). But however Human Resource Development and Organization Development cannot be regarded as one thing. Some Debates on the Notion of the Learning Organisation This paper gives insights to assessment for learning being drawn from recent analysis. It begins from the author describing a learning organization where employees expertly build, gain and share knowledge. Within a learning organization there is specific learning processes and practices and supportive and the leader encourages and promotes learning. Training and development work and the work of assessment and evaluation of performance need to be brought in to the light of conceptual models of organization learning. The learning brings to the degree and represents the mental models and aspiration of clients and self. That means the goals and objectives of this training and development assumptions are made about the place within the organization to be reassessed (Gatewood, Field Barrick, 2015). Otherwise the entire scope comes in to a more complex favour need a thorough discussion as the point of change. Here two changes in perspective are important that involves shifting from individual learning and performance with focus to team learning and the other involving shifting in the balance between process and outcome factors (Hoque, 2013). Now the learning organization is thoroughly concerned to both this process and outcome factors. Scoring in the Learning Organization This is the instrument that allows individual for examining the rate of learning going on within an organization. This is been divided in three key categories: supportive learning, assesses psychological safety, openness to new ideas, environment and assess experimentation, information transfer, education and learning, analysis and concrete learning processes and practices (Buller McEvoy, 2012). Here the final section depicts over examining leadership in the organization that determines and reinforces the learning behaviour. Formative Assessment in the Learning Organization This assessment focuses upon achieving goals instead of determining the goal objectives. This helps in clarifying learning goals and standards both for the employee staffs and trainees. The teaching and learning methodology are based upon these standards where the trainer gives frequent and substantive feedback about the level of progress pointing to their strengths and areas of their improvement. Thus they move closer to the learning process working primarily on quality in relation to standards. In other wards formative assessment makes goals and standards transparent through providing clear assessment criteria. It also provides feedbacks that are comprehensive, relevant and actionable and emphasizing to the learning outcomes (Flamholtz, 2012). It also closes the gap between the need about employees knowledge and their desired outcomes through the valuable diagnostic information accessed by generating informative data. The areas where the formative assessment can be applied are at school and policy levels so as to identify the improvement areas thereby promoting effective and constructive cultures for evaluation through education system. Formative assessment promotes the goals of lifelong learning with greater equity of outcomes, improved learning to learn skills and including higher level of achievement (Alfes et al, 2013). Summative Assessment in the Learning Organization The summative assessment is shown in a periodically manner and is useful in determining the knowledge of learners or trainees. Many associate in summative assessment use standardized tests like the state assessment and also use in the classroom programs. This serves as important measure that is generally used in place of grading process. This consists of long list but few of it examples included are: state assessment, interim assessment, scores that are used for accountability. Key statement over here is to calculate at any certain point the time student learning content standards relatives (Kehoe Wright, 2013). Even if this information is gleaned from this type of assessment it helps in evaluating the few aspects of the learning process. Summative assessment happens too far leading to the learning path and providing information at the classroom level. This makes an instructional adjustment and intervention at the time of the learning process. It also takes the formative assessment task in order to accomplish it. Again there are many classroom instructional strategies that form the part of good teaching. For the purpose of gathering information they apply this information in both formative and summative way (Budhwar Debrah, 2013). The distinction paves what is actually taught and how its being used to inform instruction, its shares and engaging the learners. Conclusion In the concluded statement the objective of this report was to broadly examine the mechanism of human resource development needed to be implemented as per the regulations and budget. Now Human Resource Development focuses on matching the needs of the business within the employee development focus. It depends upon the people because of their skills that contribute in achieving the business objectives (Budhwar Debrah, 2013). As known the HRD satisfies the companys requirement working on the basis of human skills, motivation and professional skills. This development converts each and every employment for the mechanism of the company. It works with the notion that advantages are brought by strong employees so that HRD would provide a strong personnel representative thus improving the results in its activity. It also reveals the complicated system intentions that would had led to motivation, compensation and development. This report is merely interpreted for managers to understand the frameworks and practical applications for a new strategic human development. It also provides a better understanding to the concepts and ideas concerning contemporary practices, various important actions of HR developer and about its managing the learning program involvement (Buller McEvoy, 2012). It again gives a thorough explanation to organization effectiveness, productivity and employees working life in a means of discussion the relation between Organization Development and Human Resource Development. References Alfes, K., Shantz, A.D., Truss, C. and Soane, E.C., 2013. The link between perceived human resource management practices, engagement and employee behaviour: a moderated mediation model.The international journal of human resource management,24(2), pp.330-351. Armstrong, M. and Taylor, S., 2014.Armstrong's handbook of human resource management practice. Kogan Page Publishers. Bennett, J.M. and Ho, D.S., 2014. Human resource management. InPROJECT MANAGEMENT FOR ENGINEERS(pp. 231-249). Berman, E.M., Bowman, J.S., West, J.P. and Van Wart, M.R., 2015.Human resource management in public service: Paradoxes, processes, and problems. Sage Publications. Bratton, J. and Gold, J., 2012.Human resource management: theory and practice. Palgrave Macmillan. Brewster, C., Mayrhofer, W. and Morley, M. eds., 2016.New Challenges for European Resource Management. Springer. Budhwar, P.S. and Debrah, Y.A. eds., 2013.Human resource management in developing countries. Routledge. Buller, P.F. and McEvoy, G.M., 2012. Strategy, human resource management and performance: Sharpening line of sight.Human resource management review,22(1), pp.43-56. Flamholtz, E.G., 2012.Human resource accounting: Advances in concepts, methods and applications. Springer Science Business Media. Gatewood, R., Feild, H.S. and Barrick, M., 2015.Human resource selection. Nelson Education. Hendry, C., 2012.Human resource management. Routledge. Hoque, K., 2013.Human resource management in the hotel industry: Strategy, innovation and performance. Routledge. Jiang, K., Lepak, D.P., Hu, J. and Baer, J.C., 2012. How does human resource management influence organizational outcomes? A meta-analytic investigation of mediating mechanisms.Academy of management Journal,55(6), pp.1264-1294. Kehoe, R.R. and Wright, P.M., 2013. The impact of high-performance human resource practices on employees attitudes and behaviors.Journal of management,39(2), pp.366-391. Mathis, R.L., Jackson, J.H., Valentine, S.R. and Meglich, P., 2016.Human resource management. Nelson Education. Mello, J.A., 2014.Strategic human resource management. Nelson Education. Mondy, R. and Martocchio, J.J., 2016. Human resource management.Human Resource Management, Global Edition. Nickson, D., 2013.Human resource management for hospitality, tourism and events. Routledge. Oke, L., 2016. Human Resources Management.International Journal of Humanities and Cultural Studies (IJHCS) ISSN 2356-5926,1(4), pp.376-387. Purce, J., 2014. The impact of corporate strategy on human resource management.New Perspectives on Human Resource Management (Routledge Revivals),67. Renwick, D.W., Redman, T. and Maguire, S., 2013. Green human resource management: A review and research agenda.International Journal of Management Reviews,15(1), pp.1-14. Riley, M., 2014.Human resource management in the hospitality and tourism industry. Routledge. Storey, J., 2014.New Perspectives on Human Resource Management (Routledge Revivals). Routledge. Ulrich, D., 2013.Human resource champions: The next agenda for adding value and delivering results. Harvard Business Press.
Tuesday, December 3, 2019
Report Guitar in Jazz free essay sample
Type of guitar Traditionally. Jazz guitarists use a hollow-box body type of guitars with magnetic Plock- ups, but a solid body also was introduced in around 1 asss. Hollow-box body had more of an acoustic guitar sound which is simply amplified through pickups. The solid body guitars have a slightly different tone. Thats the kind of guitars that all rock bands use nowadays. Playing styles Jazz guitar styles like combing refer to playing chords underneath a songs melody or another musicians solo Improvisations. The guitar In Jazz Is more of an accompanist type of Instrument, but doesnt completely serve as Just a background instrument. Guitarists can also perform solos as guitar offers versatility of sound and a variety of types in playing styles. When Jazz guitar players improvise, they may use the scales, modes, and arpeggios associated with the chords in a t tunes chord progression; thus, making it an excellent soloist. We will write a custom essay sample on Report Guitar in Jazz or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page History In earlier years of Jazz guitar It was primarily used In sub-genres Like Dixieland and Bebop. It can be traced too Jazz guitarist such as Eddie Lang.In a song call Perfect where he used acoustic guitar as lead while Plano played mall melody. The use of guitar in jazz can be justified by their ability to cut through the sound of piano, bass ND drums rhythm sections, same as banjo which, by the sasss began being replaced by guitar as the primary choral rhythm instrument in Jazz music, because it could be used to voice chords of greater harmonic complexity, and it had a somewhat more muted tone that blended well with the upright bass, which, by this time, had almost completely replaced the tube as the dominants bass Instruments In jazz music. But guitar didnt make it into jazz first. Looking back at its history, guitar can be traced into blues first, where singers used guitar to accompany themselves when they sang: 1 singer- 1 guitar type of music. And we didnt see the use off guitar as a solo instrument till much later due to not being able to play louder over horn sections, at least not until guitar amps were Invented. Now sasss Jazz guitarists became more established as soloists In their own right beside their rhythmic Orleans.Guitar had a way of being louder and yet being more complex than a banjo and almost as good piano and woodwind or brass. Guitar players started experimenting with guitar even more. Adding distortion and improving in soles, with speed and different finger techniques, that had an instant effect on what music can e versus what it was, like blues and Jazz. Now, fast forward 40 years and we have our Jimmy Hendrix shredding on and upside down guitar for rightist.
Wednesday, November 27, 2019
American Studies Essays - Biology, Gender, Intersex,
American Studies Understanding America November 11, 1999 Midterm Examination American Studies can be a variety of different meanings to a lot of different authors. They are all pretty much on the same note, but with different alterations. For me, I believe that it is to make connections between the past and how it will impact the future. American Studies has transformed overtime. Each individual has their own beliefs and feelings of what it really means. In Gene Wises article he states how he is interested in how the field of American Studies has transformed overtime, what American Studies methodology is, and the types of questions that American Studies practitioners ask. I believe that there is no one way to understand America. For Gene, he begins to understand America by looking into the past. On the other hand, there was also the Linda Kerber essay that we had also read at the beginning of the semester. Kerber was saying in her article that there was something that was wrong with the myth and symbolist methodology. She also talked about how there are new a pproaches and diversity in the field and how it has altered the ways that American Studies practitioners write, teach, and learn. What interested me most in her article is how American Studies was quicker to welcome women and ethnic studies. I believe the answer to this is simply that the women represent a larger group and they are more out spoken. Kerber also saw a great deal of chauvinism with the myth symbolist methodology, as well as this certain approach not looking for structures of power. She looked at points from all different sorts of angles and would then analyze them. Kerber would always have a valid answer and would really go into great detail in her article so that it was easy to pick up the information. These two articles were very much related, but at the same time they were very different. This leads into the past and current methodological approaches in studying American culture and what different authors have to say. The methodology of early American Studies practitioners in the 30s, 40s, and 50s was named the symbol myth school approach. They came up with a set of assumptions that would guide those working in the field. 1. There is one homogenous mind 2. The American mind is distinguished by its place in the New World- which makes Americans idealistic, individualist, and pragmatic Europeans by contrast, were tragic in temper and corrupted by old world assumptions 3. The American mind can be found in anyone American, and its expressed by those who write the high literature gene, such as Whitman, Twain... 4. The American mind is influenced by movements that run through our past Pragmatition, Transcendentalism, and Liberation 5. Popular culture is legit image to study, but the whole of American is best revealed in high literature. (Gene Wise) Again, looking at the other side of the situation, there is Linda Kerbers point of view. She suggests that something is wrong with the myth symbolist methodology. Kerber says that their approach did not look for structures of power. What she can now detect is that there is a bunch of chauvinism. She does in fact let them off the hook for being good writers. Culture resides in all learned behavior and in some shaping template or consciousness prior to behavior as well. There are many different cultures. Every country has there own style of living and rituals that they are apart of. Relating culture back into the materials that were to be read for this class, there was a lot of diversity. According to Jacobson, the history of European immigration to America is based on ethnic inclusion, mobility, and assimilation. He is interested in how the Irish, Jews, Polish, Greeks, Italians, Finns, Syrian and Ruthenians became white. It was said that race at different historical moments were perceived differently for different groups. I believe that this is true for the past, present, and possibly even for the future. All races and cultures were singled out if they were not perceived to be white. I strongly believe that people should not be judged on appearance. It is true that everyone sees one from the outside, but it is what is on the inside that is
Saturday, November 23, 2019
The current state of the law of economic torts. The WritePass Journal
The current state of the law of economic torts. Introduction The current state of the law of economic torts. IntroductionTo be liable for inducing breach of contract:Liability for causing loss by unlawful means requires:BIBLIOGRAPHYRelated Introduction The three appeals considered by the House of Lords under the lead name OBG Ltd. v Allan [1]were concerned with claims in tort for third party economic loss caused by intentional acts, and were heard consecutively because the legal issues overlapped. [2] The current state of the law of economic torts [3] has been described as ââ¬Å"ramshackleâ⬠.[4] Some commentators have suggested this is because this area of the law lacks the kind of general principle applied by Lord Atkin in Donoghue v Stevenson [5]which successfully unified the law of negligence. [6] Others believe that such generalisation is neither possible nor desirable [7], and that there is no ââ¬Ëgenusââ¬â¢ tort that provides a base for all the economic torts. [8] The grounds for action presented in these three cases were: [9] (1) interference by unlawful means with contractual relations; [10] (2) interference by unlawful means with contractual or business relations; [11] (3) wrongfully inducing breach of contract. [12], [13] The issue which the Lords took this opportunity to address was whether three such separate heads of tort exist or whether they might be rationalised within a ââ¬Ëunified theoryââ¬â¢. Most publicity surrounding thecase centred on the celebrity wedding and much of the expectation in the legal journals was focussed on right to privacy issues. [14] In the event the House effectively erased all of twentieth century caselaw from the three party economic torts. The key dicta were: (1) inducing breach of contract should continue to be considered a distinct category of tort and not be subsumed within the general category of unlawful interference with business, [15] and; (2) unlawful interference with contractual relations should not be a separate head of tort but should be considered under the conditions of liability for unlawful interference with business.[16]à To understand the significance of this decision we must review the history of the economic torts to discover how we got into ââ¬Å"our present pickle?â⬠[17] Economic losses are a difficult area of law in a free market since one business may suffer losses, or even be put out of business, by the lawful competition of a rival. The courts have no role to play in this normally, and economic orthodoxy considers there are consequent gains for consumers, producers and workers.[18]à Historically in English common law unlawful interference in trade was actionable.à Lord Hoffman [19] citesà à Garret v Taylorà [20]where a business was harmed because the defendant ââ¬Å"imposed so many and so great threats upon all comers threatening to mayhemâ⬠, and Tarleton v Mââ¬â¢Gawley [21], where the tort lay in ââ¬Å"firing a cannon at negroes and thereby preventing them from trading with the plaintiff.â⬠[22]à Thankfully, by the turn of the century, in Carrington v Taylor, [23]à it was only ducks that were being shot at in a dispute over wildfowling rights: where a violentact is done to a mans livelihood ; there an action lies in all cases. [24] Such cases are straightforward because, the defendantââ¬â¢s liability is primary. The respective acts of threatening mayhem and discharging ordnance at potential customers are clearly in themselves unlawful. But the law of torts has inevitably grown and been modified over the centuries, in response to changing conditions within society, [25] and as the ingenuity of the industrialists and entrepreneurs of Victoriaââ¬â¢s Empire developed more subtle ways of influencing the customers. The courtsââ¬â¢ attitude to the nineteenth century free-market was crystallised in Mogul Steamship Co Ltd v McGregor, Gow Coà [26], which established the boundaries of lawful competition as whatever is ââ¬Å"neither forcible nor fraudulent.â⬠[27] A number of ship owners had entered into a league and had applied ââ¬Å"sharp practices and power playsâ⬠[28]à in seeking to control the tea trade from certain Chinese ports, but nothing that was actually unlawful: To say that a man is to trade freely, but that he is to stop short at any act which is calculated to harm other tradesmenwould be a strange and impossible council of perfection. [29] The authority for all inducing breach of contract cases is Lumley v Gye. [30]à Two rival theatre owners were vying for the services of the opera diva Johanna Wagner, neice of the famous composer. Lumleyà had contracted Wagner to sing twice a week at Her Majestyââ¬â¢s Theatre for a payment of à £100 per week.[31] à Wagner subsequently agreed with Gye that she would sing at Covent Garden for a ââ¬Å"larger sum.â⬠[32]à Lumley raised an action against Gye for ââ¬Å"maliciously procuringâ⬠a breach of contract. [33] The case which completed the triangular foundation on which twentieth century economic tort law was to be constructed was Allen v Flood. [34]à In essence this case simply extended the principle of Mogul Steamship Co. to labour disputes. In the same way that rival businesses are free to cause harm to one another in lawful pursuit of their own interests, so too is an employee free to cause economic harm to a rival employee (by getting him laid off) as long as no unlawful means are employed.[35] Such an analysis seems perfectly reasonable with a century of hindsight but the social mood of the time was perhaps less comfortable with it. [36]à The Lords specifically rejected the proposition that liability might arise whenever one person did damage to another wilfully and intentionally without just cause and excuse. [37] Since Allen liability has turned on intentional procurement of an actionable wrong or the deliberate use, or threatened use, of illegal means directed against the claimant. [38] In respect of the House of Lordââ¬â¢s judgement in OBG, à the law could have stopped here, but over the next century several false trails were followed. The seeds of confusion, [39] were sown by Quinn v Leathem. [40]à This case involved ââ¬Å"boycotting by trade unions in one of its most objectionable forms,â⬠[41] but as ever it wasnââ¬â¢t the details of fact that caused confusion but the details in the dicta. Two key passages were identified by Lord Hoffman, purporting to re-state the basis of Lumley v Gye: (1) ââ¬Å"it is a violation of legal right to interfere with contractual relations recognised by lawâ⬠[42] and; (2) ââ¬Å"The principle which underlies the decision reaches all wrongful acts done intentionally to damage a particular individual.â⬠[43] The problem with these respective passages is: (1) Lumley wasnââ¬â¢t founded on merely interfering with a contract but on inducing an actual breach of a contract and; (2) inducing a breach of contract isnââ¬â¢t of itself a wrongful act but only attracts secondary liability once thereââ¬â¢s been a breach. In Sorrell v Smith [44]Lord Dunedin was prompted to invoke the prayer of Ajax in an attempt to clear the ââ¬Å"fog of battleâ⬠from this area of law,à but a ââ¬Ëpenumbra of doubtââ¬â¢ [45] nonetheless continued to hang over cases where there was interference with contractual performance but no actual breach of contractual obligations.à ââ¬Å"The muddle set inâ⬠[46], when DC Thomson Co Ltd v Deakin [47]consolidated the unified theory that considered inducing breach of contract to be a species of the more general tort of unlawful interference with contractual rights. [48] Throughout the twentieth century as the law worked to connect the various islands of the ââ¬Å"archipelagoâ⬠that was the common law of economic torts [49] with stepping stones of caselaw, it was invariably in the trade union disputes that the lords ran the greatest risk of getting their feet wet. In Torquay Hotel Co Ltd v Cousinsà [50]à L.Denning declared: The time has come when the principle should be further extended to cover deliberate and direct interference with the execution of a contract without that causing any breach. [51] The creation of this tort of interference with contract has been much criticised and has not been supported by later authority. [52] Rather judges have stressed ââ¬Å"the limits which as a matter of policy the court must place on the principle of Lumley v Gyeâ⬠. [53]à For Lord Hoffman all this confusion has arisen from attempts to apply the unified theory [54] and he thinks ââ¬Å"it is time for the unnatural union between the Lumley v Gye tort and the tort of causing loss by unlawful means to be dissolved.â⬠[55] He believes commentators like Tony Weir seek to confer too broad an ambit on the tort of causing loss by unlawful means, [56] and sides with those who are critical of Weirââ¬â¢s ââ¬Å"Herculeanâ⬠ambition to unify the economic torts, believing that ââ¬Å"clarity is not in itself sufficient reason for accepting a particular factor as a determinant of tort liability.â⬠[57]à Weir himself sees the ââ¬Å"illegitimate tort of interference with contractâ⬠[58] as the problem, and the confusion as arising from interpretations of Lumley that focus on the plaintiffââ¬â¢s rights rather than the defendantââ¬â¢s wrong. [59] This has got the law into theà position where we see ââ¬Å"honest demonstrators enjoined from putting their views to the supermarketing publicâ⬠, [60] and ââ¬Å"a singer sued for not singing by those for whom she never agreed to sing.â⬠[61], [62] Some commentators have even suggested a possible analysis of Lumley in terms of â⬠Å"ownership or possessionâ⬠and ââ¬Å"rights in rem.â⬠[63]Certainly some early Scottish cases based on the delict ofà harbouring of employees have more of a feel of invasion of res corporales [64] than anything to do with contract. [65] However almost everyone had long identified a pressing need for an authoritative definition of the tort of unlawful interference with trade. [66] The House of Lords therefore took this belated opportunityto answer Ajaxââ¬â¢s prayer and we can now say that following their decision in OBG the law is as follows: To be liable for inducing breach of contract: (1)à à you must know you are inducing a breach and that the act you are procuring will have this effect, it is not sufficient that the breach was merely a foreseeable consequence of your action. (2)à à you must have knowledge not just of the existence of the contract but of the essential terms relevant to the breach. (3)à à the claimant must have been intentionally targeted, whether the breach was an end in itself or the means to some further end. (4)à à there must have been an actual breach: ââ¬Å"no secondary liability without primary liability.â⬠Liability for causing loss by unlawful means requires: (1)à à wrongful interference with the actions of a third party in which the Claimant has an economic interest. (2)à à intention thereby to cause loss to the Claimant whether or not the loss was an end in itself or the means to an end. (3)à à wrongful interference would be any act actionable by that third party or which would have been actionable had he sufferd loss by it, and would exclude acts which may be unlawful against a third party but which do not affect his freedom to deal with the Claimant. Many of the journal articles about this decision focus on the confidence and privacy issues, [70] but reaction to this clarification of the economic torts seem mainly positive, with expectation that there should be fewer cases where claimants cherry-pick the most favourable features of each tort and ignore the requisite limiting features. [71] BIBLIOGRAPHY Bagshaw, R. Can the Economic Torts be Unified (1998) 18 OJLS 729 Caddick, A. The Wedding Crashers ââ¬â Take 6 157 NLJ 8 Carty, H. Intentional Violation of Economic Interests: The Limits of Common Law (1998)à (104)LQR Dugdale, A.M. Jones, M.A. (editors) Clerk Lindsell On Torts, 19th edition, London, Sweet Maxwell, 2006 Financial Times (2nd August 1982) Harvie, C. Revolution and the Rule of Law in Morgan, K.O. ed. The Oxford Illustrated History of Britian, Oxford University Press, 1988 Heuston, R. Juridicial Prosopography (1986) 102à LQRà 90 House of Commons Research Library, HCRL 99/20 Kolbert, C.F. (translator), Justinian The Digest of Roman Law: Theft, Rapine, Damage and Insult, Penguin, 1979 Lynch, M. Scotland A New History, Pimlico, 2006 McIntyre, E. Wisely, I. Public and Confidential 2007 52(6) JLSSà 18 McLaren, J. Nuisance Law and the Industrial Revolution (1983) 3 OJLS 155 Michalos, C. Douglas v Hello! ââ¬â The Final Frontier 2007 18(7) Ent LRà 241 Mitchell, G. Economic Tort (2007) 157 NLJ 919 Muirhead, J.S. An Outline of Roman Law, William Hodge Co. Ltd., 1937 Oââ¬â¢Dair, R. Justifying An Interference With Contractual Rightsà (1991)11 OJLS 246 Oliphant, K. 62 MLR 320 at 322 (review of Weir, T. Economic Torts) Reid, K. Zimmermann, R. A History of Private Law in Scotland Vol. II Obligations, Oxford University Press, 2000 Stewart, W.J. Reparation: Liability for Delict Thomson/W.Green 2003 to date (loose-leaf) Stilitz, D. Sales, P. Intentional Infliction of Harm By Unlawful Means LQR 1999 411 Thomson, J. Delictual Liability, LexisNexis UK, 3rd edition, 2004 Walker, D.M. The Law of Delict in Scotland Vol II, W.Green, 1966 [Note 2nd revised editionà 1981] Watts, P. Self-Appointed Agents ââ¬â Liability in Tort (2007) 123 (Oct) à LQR 519 Wedderburn, L. Rocking the Torts (1983) 46 MLR 224 Weir, T. A Casebook on Tort, 6th edition, London, Sweet Maxwell, 1988 Weir, T. Economic Torts, London, Clarendon Press, 1997 Zimmermann, R. The Law of Obligations, Oxford University Press, 1996 CASES Allen v Flood [1898] AC 1 Carrington v Taylor (1809) 11 East 571 [HeinOnline] Couper v Macfarlane 1879 6 R 683 D C Thomson Co Ltd v Deakin [1952] Ch 646 Dickson v Taylor 1816 1 Mur 141 Donoghue v Stevenson [1932] AC 562 Douglas v Hello! Ltd [2003] EWHC 786 (Ch) Garret v Taylor (1620) Cro Jac 567, 2 Roll Rep 162 [HeinOnline] Lumley v Gye (1853) 2 EB 216 Lumley v Wagner 1 De GMG 604 Mainstream Properties Ltd v Young [2005] EWCA Civ 861 Middlebrook Mushrooms v TGWU [1993] IRLR 232 (CA) Millar v Bassey [1994] EMLR 44 Mogul Steamship Co Ltd v McGregor, Gow Co (1889) 23 QBD 598 Mogul Steamship Co Ltd v McGregor, Gow Co [1892] AC 25 OBG Ltd v Allan [2007] UKHL 21 Quinn v Leathem [1901] AC 495 Rose Street Foundry Engineering Co Ltd v John Lewis Sons Ltd 1917 SC 341 Sorrell v Smith [1925] AC 700 Tarleton v Mââ¬â¢Gawley (1790) 1 Peake NPC 270 [HeinOnline] Torquay Hotel Co Ltd v Cousins [1969] 2 Ch 106 on have not been pleaded.ââ¬
Thursday, November 21, 2019
Memorandum Annotated Bibliography Example | Topics and Well Written Essays - 1500 words
Memorandum - Annotated Bibliography Example As the article moves on it gives some techniques that helps the reader understand his role and be friendly and agreeable in his writing. In conclusion, it tells the readers how to wrap up the employee profile in the company newsletter. The technical document could have been made better if it was supported with examples which would clear out any confusion that was left in the mind of the readers. But largely, the article is very well written. It is not complicated and does not have many jargons but still gets its message across in an informative manner. This memo was written to evaluate and present my views regarding the technical document. I will be expecting feedback of my analysis from you before the end of this month. It will help my analysis in future. Thanking you in anticipation. This memo is being written in order to critically analyze the style of writing of a professional proposal that gives details about its upcoming Computer Education Program for low income teenagers and children and requests Corporate Giving Program to provide funds for it. The proposal throughout its content emphasizes on the fact that this particular company serves community members by carrying out a variety of such constructive programs. This way it reminds the receiver that their partnership with the organization would be for a good cause. The writer's project plan is very convincing and his writing reflects confidence. This style of writing reassures the receiver of the proposal that they are investing in the right place. A strategy used by the writer to persuade the Corporate Giving Program is that in the last paragraph, the writer has reminded them of the incentive that this funding will provide for them. It emphasizes on the point that their logos will be printed on their brochures and the website. This reminder in the end of the proposal would be a motivating factor for the giving program to provide the funds. Also simple language is used and jargons are avoided which minimizes confusion on the reader's side. This style is very effective as su ch proposals present what they have to offer and what they want in return in the simplest form with most impact on the reader. This memo was written in order to evaluate the style of writing of a proposal for grant. I will be expecting feedback of my evaluation from you before the end of this month. Thanking you in anticipation. MEMORANDUM To: Mr. XYZ, Professor, ABC University From: JKL Date: July 22, 2008 Subject: Critical Analysis of a Poorly Designed Website This memo is being written in order to critically analyze the design of a website which in my opinion is very poor. The address of the webpage is http://www.havenworks.com/. Haven Works' website clearly does not follow the five design principles. First of all, there is too much going on the main page of the website because of which there is no balance. The eye can only focus on one thing rather than steady flow down the page. The items on the webpage seem like they are placed there randomly and
Wednesday, November 20, 2019
Media & Media Costs in Russia Essay Example | Topics and Well Written Essays - 250 words
Media & Media Costs in Russia - Essay Example Recently they have been known to show the kind of damage that can be caused by the vodka drink (Elder par. 1 ). For my target market, the television media would be more appropriate since it is still the most popular information source (TMFAR par. 3). The average cost of media has increased with the print media at a cost of 72.64 billion rubles. However, these have been raised by the introduction of internet services and social media in the country. It is because they have turned into remarkably significant fast and reliable communication tools with which information reaches a wide range of people within a short period. Nonetheless, owing to its accessibility the television still holds the first position while the internet comes third (Arapova par. 8). The means used in promotions and advertising are equally competitive with the television being the main advertising media used to reach the target market. Besides this, the sales promotions that are customarily used in Russia mainly include the internet. Most people in Russia are beginning to use the internet for different reasons (TMFAR par. 1-5). Arapova, Galina. Media freedom in the Russian regions? You must be jokingâ⬠¦. Retrieved 21 March from Open democracy Russian
Sunday, November 17, 2019
Magic Toyshop Essay Example for Free
Magic Toyshop Essay The Magic Toyshop is the second novel of the feminist writer Angela Carter. It is one of the most popular of her early books. In Carterââ¬â¢s works mythological and Biblical themes often appear, and The Magic Toyshop is a good example of that. This essay is intended to discuss the introductory chapter of The Magic Toyshop, in which Carter rewrites a major Biblical story. The Magic Toyshop follows the story of a teenage girl, Melanie. She is one of three children, her younger brother is Jonathon and her five year old sister is Victoria. They live in the English countryside in a middle class family. Their house is spacious; they all have their own bedrooms. Their parents are rich, successful and the children have everything they need. The children have a middle aged governess Mrs. Rundle. She is overweight, was never married, only added the Mrs. title to her name a few years ago as a present to herself. Melanie has a fear of becoming someone like Mrs. Rundle. She does not believe in God but she prays that she would marry and have sex in her life. She is worried about her weight because she thinks she is too thin, but she would not eat too much either because then she might become fat and never marry. She already sees herself as someoneââ¬â¢s wife; she looks at herself as a male would do. (Gamble 69) The novel tells the story of the children becoming orphans and having to leave their home. Their parents are killed in a plane crash and the three children must leave the countryside to live with their uncle in London. Uncle Phillip owns a toyshop and is a toymaker himself. The orphans do not know anything about him; Melanieââ¬â¢s only memory of him is that when she was a little girl he made her a jack in the box which was very scary. They do not know that the world they are about to enter is radically different from the one they lived in until now. At the beginning of the novel Melanie is a happy fifteen year old girl who is starting to discover herself. She explores her body, discovers it as a colonizer discovers the unknown land. She likes to pose in front of her mirror; she plays the roles of the characters of paintings (by male painters naturally). The novel uses the terminologies of explorers thus making us believe there is a male voice behind the words. Melanieââ¬â¢s only wish is to marry well. She is already getting ready for married life, she is making herself ready for a husband. She believes that marriage is the only way to have inancial and emotional security, the only way to be a respectable woman and to have a happy life. This is the only way she knows. This is what the culture, the social background of the age indoctrinated her to believe. She is dreaming of a perfect husband who is handsome, gentle, amiable, who has a good job and adequate financial background. Although she is a little worried about not getting this perfect life, not having sex, she genuinely believes that things are going to work out for the best. Melanie is planning to spend her adolescence preparing for the life that comes after. However soon enough she will realize that life is not a fairytale. She will meet and fall in love with a boy that does not fit in the image of the perfect husband she pictured for herself, a boy that she would have never thought to fell for under normal circumstances. She will realize how these circumstances can make her grow up in a few days or even a few hours as on the train ride to London she realizes she has to be the mother of her little brother and sister , and how they can suddenly take away all of her dreams and principles. However there is another way to interpret the beginning of the first chapter, the scene where she is exploring her body. Melanie is not only preparing herself for her future groom, but she is exploring her own sexuality too. She is in the age when she realizes that she is a woman, that she has not only grown mentally but physically too. ââ¬Å"In Carterââ¬â¢s own words, Melanie ââ¬Ëis very conscious of desire, she is filled with it. And that gives her powerââ¬â¢. â⬠(Gamble 69-70) One night Melanie decides to go further then posing in her own bedroom. Her parents are not home, they are in America. In the darkness of the night, when everyone in the house is asleep, she goes to her parentââ¬â¢s bedroom. She looks at their wedding photograph and starts thinking about her parents. How she cannot imagine her mother naked, as she never saw her that way she even jokes about her mother being born with clothes on -, and how her father always wears the same suit. She wonders if her parents had sex before their wedding ââ¬â this makes her believe she really is growing up if thoughts like this occur in her mind. She notices Uncle Phillip in the picture and thinks about the old jack in the box she was so afraid of. Then she goes over to her motherââ¬â¢s dressing table and looks into the mirror. She starts posing there too and feels that she looks different in her motherââ¬â¢s mirror. This moment can be understood again as a flesh of transition between childhood and becoming a woman. Being in her parentââ¬â¢s room is like pretending to be an adult just like they are. Posing in her motherââ¬â¢s mirror Melanie is trying to imagine how she will look like and feel as an adult, married woman. This moonlit night is the one when the fall happensâ⬠¦ Looking at her parentââ¬â¢s wedding picture Melanie decides to try on her motherââ¬â¢s wedding dress. She finds the dress and puts it on but it is too big. She is a little disappointed but still thinks she looks beautiful in it. She feels like a bride. ââ¬Å"A bride. Whose bride? But she was, tonight, sufficient for herself in her own glory and did nor need a groom. â⬠(Carter 16) Melanie decides to go out to the garden. She first feels free and excited; the night was so different from the one she imagined. The moonlit garden was like the Garden of Eden. ââ¬Å"She was alone. In her carapace of white satin, she was the last, the only woman. â⬠(Carter 17) This realization of loneliness soon turns into panic. She truly feels alone and feels what happening is too much. Crying she runs back to the front door but it is closedâ⬠¦ She forgot her keys. Suddenly the sweet, dark night turns into a scary land. Melanie realizes what she did was forbidden. She is frightened, she thinks there is something in the dark. After Mrs. Rundleââ¬â¢s cat appears in the garden, Melanie feels a little more comfortable. She starts to pull herself together and decides she will climb up the apple tree to her window. (The apple tree can be a symbol of Eden again). But she cannot do that in the wedding dress. The cat gives her so much comfort that she can take the dress off. Then something happens: she realizes her own nakedness as never before. ââ¬Å"She was horribly conscious of her own exposed nakedness. She felt a new and final kind of nakedness, as if she had taken even her own skin off and now stood clothed in nothing, nude in the ultimate nudity of the skeleton. (Carter 21) This scene might be interpreted as the happenings in the Bible right after the Fall. The serpent deceives Eve so she and Adam both eat from the forbidden tree. ââ¬Å"Then the eyes of both of them were opened, and they realized they were naked; so they sewed fig leaves together and made coverings for themselves. â⬠(New International Bible, Genesis 3:7) The naked Melanie puts down the dress and the cat climbs on it. It scratches the dress. Melanie starts climbing up the tree, she does not know how long it takes but she finally gets to her room. She bleeds form ââ¬Å"hundreds of cutsâ⬠but does not mind the pain. She honestly regrets what she had done that night, but cannot take it back. She ate from the forbidden fruit and knows that she deserves the consequences. Right now pain seems to be the punishment. The morning has come and when Mrs. Rundle, Jonathon and Victoria leave the house Melanie is alone in the house with her sin. Somebody is knocking on the door. It is a messenger boy with a telegram in his hand. ââ¬Å"As soon as she saw him, she knew what the telegram contained, as if the words were printed on his forehead. (Carter 24) She runs to the bathroom and vomits. She reads the telegram and realizes what she already guessed was true. Her parents were dead. Melanieââ¬â¢s childhood, her fairytale life ended in this moment. She committed a sin last night and now was expelled from Eden. ââ¬Å"This ââ¬Ëwedding dress night when she married the shadowsââ¬â¢ (Carter 77) exiles her and her younger brother and sister from their comfortable, liberal, middle-class home in the country to live in a dark, narrow house above Uncle Phillipââ¬â¢s toyshop in south London. (Sage 15) And what was Melanieââ¬â¢s fault really? As Lorna Sage says it was the ââ¬Å"stepping over the boundary between reality and fantasyâ⬠(Sage 15) Melanie, Jonathon and Victoria are taken to their Uncle Phillipââ¬â¢s house. Melanie soon realizes she will have to live there in terror, in constant fear of her uncle. She has to say good bye to the magical life she had in the countryside and has to grow up sooner then expected. We can understand Uncle Phillipââ¬â¢s house as Purgatory. She goes through a grueling rite of passage into the state of being a woman. Whatever way she might once have grown up is simply cancelled after she arrived at Uncle Phillipââ¬â¢s. â⬠(Day 25) Melanie goes through hell until one day Uncle Phillips ends this story. When he learns that his wife has a sexual relationship with her own brother, he sets the house on fire. ââ¬Å"In the end only Melanie and Finn are left standing amongst the wreckage staring at one another in wild surmise, Adam and Eve at the beginning of a new world. ââ¬
Friday, November 15, 2019
Psychological contract breach effects and violation on employees
Psychological contract breach effects and violation on employees Abstract The goal of this study is to examine the influence of personality on the relationship between psychological contract breach and violation and its respective impact on employees work-related outcomes such as turnover intentions and counterproductive work behaviors. In this paper, personality was assessed on the basis of the Five-Factor model of personality (Goldberg, 1990) that is comprised of the following dimensions: Extraversion, Conscientiousness, Agreeableness, Emotional Stability and Openness to Experience. Introduction In difficult times when companies must adapt to different changes in the global economic climate work behaviors are of great interest to organizations. In trying to retain the best employees, managers are interested in reducing turnover and preventing counterproductive behaviors. In order to understand employee responses and reactions to the work environment, contracts become vital as they create a behavioral guideline for both the employee and the organization. The psychological contract is a major element of any employee organization relationship, and consists of an employees beliefs concerning the terms and conditions of a reciprocal exchange agreement between that focal person and another party (Rousseau, 1989, p.123). Employees often feel that their organization has not fulfilled at least some of the promises it has made; and when they do their psychological contract is said to have been breached (Robinson and Rousseau, 1994). Numerous studies have analyzed the consequences of psychological contract breach on employees work-outcomes and generally conclude that there is a positive relationship between psychological contract breach and job dissatisfaction and turnover intentions (Zhao, Wayne, Glibkowski, Bravo, 2007; Bal, de Lange, Jansen and Van der Velde, 2008). Psychological contract violation has been defined as feelings of betrayal and deeper psychological distress à ¢Ã¢â ¬Ã ¦ [whereby]à ¢Ã¢â ¬Ã ¦ the victim experiences anger, resentment, a sense of injustice and wrongful harm (Rousseau, 1989, p129). While psychological contract breach may not always lead to undesirable work-related attitudes, it is expected that employees who experience intensely negative feelings might take different measures against the organization they work for (Suazo et al., 2005). This is why in this paper we focus on the role of psychological contract violation as the mediator between psychological contract breach and employees work-related outcomes. But do all people have the same reactions to contract breach or could it be that there are individual differences in personality that lead some employees to react more strongly to psychological contract breach than others? Many authors have investigated the relationship between personality traits and job related outcomes (Judge, Heller and Mount, 2000; Tallman and Bruning, 2008), but there is little research on the relationship between personality and psychological contract breach and violation. Raja, Johns and Ntalianis (2004) is one of the few articles that report on the impact of personality on psychological contracts. These authors found that people high in neuroticism and low in conscientiousness are the ones that are more likely to perceive psychological contract breach. Moreover, the paper revealed that some personality traits moderated the relationship between psychological contract breach and violation. People high in neuroticism tended to perceive a stronger relationship between breach and violation than people high in locus of control. The main focus of this paper is to gain a better understanding of the psychological contract breach and violation relationship by analyzing whether this relationship is moderated by the Five-Factor model of personality (Goldberg, 1990).The study tries to fill in a gap in the existent psychological contract literature by examining the extent to which personality can explain changes in employees attitudes. Compared to other studies in the field, this study focuses on all five personality traits of the Five-Factor model of personality (Goldberg, 1990). This study is structured as follows: the next section describes the current state of the art with respect to psychological contract breach and violation; section three includes the research method and data collection; results will be discussed in section four and the main findings and implications for study and practice along with limitations and suggestions for future research in section five. Literature review and hypotheses The psychological contract As explained in the introduction, the term psychological contract is used to explain the relationship between an employee and an employer and the promises they have made to one another. Many researchers have explained the psychological contract in terms of social exchange theory. This theory (Blau, 1964; Robinson and Morrison, 1995) suggests that individuals enter relationships which consist not only of economic exchanges but also of more diffuse social obligations. These obligations change over time, but research has shown that individuals feel most comfortable when they are in a balanced exchange environment (Gouldner, 1960; Wayne, Shore and Liden, 1997), an environment where they feel that there is a fair equilibrium between what they offer the organization and what they receive in return. When the organization fails to fulfill its promises, employees might feel that there is inequality in the employment relationship (Lester, Turnley, Bloodgood and Bolino, 2003) and might as a result be inclined to take actions to rebalance their work situation, by for example reducing their contribution to the organization (Rousseau, 1995). Psychological contract breach and violation The psychological contract is a subjective perception, so the employee and the organization can possess radically different views of what are the obligations or promises that they have made to one another (Robinson and Rousseau, 1994). This is why often employees feel that their psychological contract has been breached and that the organization has failed in keeping its promises (Robinson and Rousseau, 1994). Although both the employee and the employer can feel that the contract has been breached by the other party, in this paper, as in many investigations on the psychological contract (cf. Zhao et al., 2007) the focus is on the perspective of the employee. In the early phases of research into the psychological contract there was not a very clear distinction between psychological contract breach and psychological contract violation and researchers used these terms interchangeably (Suazo, Turnley, Mai, 2005). In 1997, Robinson and Morrison made a clear distinction between the two. These authors defined psychological contract breach as a cognitive perception, while psychological contract violation was defined as the emotional or affective reaction that can sometimes arise from the perception of a breach of the psychological contract (Morrison and Robinson, 1997). Research has shown that not all breaches lead to emotional reactions on the part of employees (Morrison and Robinson, 1997; Turnley and Feldman, 1999a) because these emotional reactions can be influenced by different individual differences such as personality (Raja et al., 2004) or fairness perceptions (Morrison and Robbinson, 2000), but in those cases where emotional reaction do es occur the employee may have feelings of anger, injustice, resentment and distrust toward the organization that has not honored its promises (Raja, Johns and Ntalianis, 2004). Several studies have linked psychological contract breach to violation. Zhao, Wayne, Glibkowski, Bravo (2007) have summarized these studies and report a meta-analytic correlation of 0.52 (p In line with research findings and with social exchange theory, it is proposed here that psychological contract breach is positively related to psychological contract violation. Hypothesis 1: Psychological contract breach is positively related to psychological contract violation. Psychological contract breach and employees responses Previous studies have linked psychological contract breach to negative work outcomes (Robinson and Rousseau, 1994; Robinson and Morrison, 1995). When psychological contract breach occurs, employees start reducing their contribution to the organization as they feel that the organization has failed them (Robinson, 1996). Turnover intentions and counterproductive behaviors are employee possibilities of reducing their efforts and contributions towards the organization they work for. Zhao et al. (2007, p.651) define turnover intentions as the subjective probability that an individual will leave his or her organization within a certain period of time. The meta-analytic study shows that there is a positive correlation between psychological contract breach and turnover intentions (r=.42, p Hypothesis 2a: Psychological contract breach will be positively related to turnover intentions. Counterproductive behavior can be seen as destructive reactions toward an organization (Kickul, Neuman, Parker, Finkl, 2002). When employees feel that there psychological contract has been breached their level of commitment and trust in their organization decreases (Ball, Trevino, Sims, 1994) and they might react destructively toward the organization (Kickul et al., 2002). This reaction may be characterized by a set of different deliberate acts that harm the organization or even the organizations stakeholders such as clients, owners or supervisors (Spector and Fox, 2005). Counterproductive behavior is a very broad construct which contains behaviors ranging from theft or sabotage to violence against others (Gruys and Sackett, 2003). Each one of these actions create great problems to the organization and are also economic threats as organizations need to spend money to protect themselves against such actions (Bennett and Robinson, 2000). The employees counterproductive actions may even escalate until the level where they interfere with co-workers jobs or where they give a disrespectful treatment to their supervisors (KicKul et al., 2002). Bordia et al. (2008) found that the psychological contract breach was positively related to both minor offenses (ÃŽà ²=0.44,pÃâ¹Ã¢â¬Å¡.001) and major offenses (ÃŽà ²=0.49, pÃâ¹Ã¢â¬Å¡.001) of the employees at the work place. Following on their results, we propose that psychological contract breach will be positively related to the employees counterproductive behavior. Hypothesis 2b: Psychological contract breach will be positively related to counterproductive behavior. Psychological contract violation Prior to 1977, the terms psychological contract breach and psychological contract violation were used as synonyms, so much of the existent literature focused on the relationship between psychological contract breach and employees responses. Only after the paper of Robinson and Morrison (1997) the two became the separate concepts as we know them now. In this part of the paper we introduce psychological contract violation as a mediator of the relationship between psychological contract breach and employees reactions. As not all contract breaches results in feelings of violation and not all employees respond negatively to their psychological contract being breached (Morrison and Robinson, 1997; Rousseau 1995, Turnley et al., 2003) we believe that it would be interesting to test whether psychological contract violation could have a mediating effect on the psychological breach employees reactions relationship. One paper that focuses on the mediating role of psychological contract violation is the meta-analysis of Zhao et al. (2007). The authors use affective events theory to explain the relationship between psychological contract breach, affect (violation and mistrust), job attitudes and individual effectiveness. Following this theory, a negative event at the workplace causes negative emotional reactions, which in turn are taught to cause negative work attitudes (Bal et al., 2008). In their study, the authors find psychological contract breach to be a negative event leading to emotional reactions and job attitudes. The authors found that psychological contract violation fully mediated the relationship between psychological contract breach and job satisfaction, organizational commitment and intentions to quit. While psychological contract breach may not always lead to undesirable work-related attitudes, it is expected that employees who experience intensely negative feelings (psychological contract violation) will take some measures (such as leaving the organization or working less) against their organization (Suazo et al., 2005). Based on the affective events theory we expect that psychological contract violation will mediate the relationship between psychological contract breach and employee responses toward the organization they work for. Hypothesis 3a: Psychological contract violation will mediate the relationship between psychological contract breach and employees turnover intention. Hypothesis 3b: Psychological contract violation will mediate the relationship between psychological contract breach and employees counterproductive behavior. 2.5 The moderating role of personality Robinson and Morisson (2000) showed that attributions and fairness perceptions moderate the relationship between psychological contract breach and violation. The authors explain that when employees felt that they were treated unfair there was a stronger relationship between the breach of the psychological contract and an emotional reaction to it, so lower levels of fairness were predicting violation. Other papers suggested that organizational influences and also employees personal dispositions may be predictors of psychological contracts (Rousseau, 1995; 2001). But only little research has been conducted on the relationship between personality and psychological contract breach (Raja et al., 2004; Tallman and Bruning, 2008) even though there are a lot of papers that emphasize the importance of personality on work attitudes such as job performance or job satisfaction (Barrick and Mount, 19921; Judge and Bono, 2001). The focus of this study is to analyze whether personality might moderate the relationship between psychological contract breach and violation. We consider that personality could significantly influence this relationship because personality can explain how people differ in their social interactions, reaction to perceived injustice and attachment of importance to various extrinsic and intrinsic outcomes (Raja et al., 2004, p354). Zhao et al. (2007) also state that future research should focus on personality as a moderator when studying psychological contract breach and outcomes. The personality dimensions used in the paper are derived from the Five-Factor model of personality (Goldberg, 1990) and consists of 5 personality types: Extraversion, Neuroticism (Emotional Stability), Agreeableness, Conscientiousness and Openness to Experience. We chose this model of personality because it has been used in a variety of studies (Barrick and Mount, 1991; Judge, Heller and Mount 2002, Raja et al. , 2004) and have been related to numerous work attitudes and behaviors (Costa and McCrae, 1992). Raja et al. (2004) article is one of the very few studies that established a connection between personality and psychological contract breach. These authors studied only the effect of Neuroticism, Extraversion and Conscientiousness, because they were unable to establish a reliable level of measurement for the Agreeableness dimension and considered Openness to Experience to be a too controversial structure. Still, in a more recent study of Tallman and Bruning (2008) the authors were able to measure all of these personality dimensions with the help of the NEO Five-Factor Inventory questionnaire, so we decided to also focus on all five personality aspects and their relation to the psychological contract breach and violation. The authors (Raja et al., 2004) found that employees personalities are related to their contract choice, as people high in neuroticism will tend to choose transactional contracts, while people high in conscientiousness or extraversion prefer relational ones. Transactional contracts are characterized by short-term economically focused attitudes and relational ones by a set of long-term attitudes that include features like loyalty or security (Raja et al., 2004). The authors also found that people who were more sensitive to equity issues (equity sensitivity dimension) were more likely to feel negative emotional reaction when there psychological contract was breached, than people who were more internal (external locus of control dimension). Tallman and Bruning (2008) extended the study of Raja et al. (2004) and the research on the relationship between psychological contracts and personality, by studying the link between employees personality and their beliefs regarding the employees obligations and organizational behavior. The authors linked personality to nine employee psychological contract obligation dimensions: commitment to the organization, commitment to the job, stewardship behaviors, showing initiative, serving the needs of the organization, support in the job, growth, support as a person and existence and their results showed that employees personality explained the variance for 4 out of 9 dimensions. Even more, they found that each of the Five-Model Personality dimensions was related to at least one of the dimensions, indicating that using all the 5 personality types was important for the study. As research has showed personality is an important factor in employees beliefs regarding their psychological contract; this is why we believe that personality might moderate the relationship between psychological contract breach and violation, influencing the extent to which employees perceive there psychological contract being violated and not only breach. The next part of this chapter will be divided according to the Five-Factor Model: Extraversion (1), Neuroticism (Emotional Stability) (2), Conscientiousness (3), Agreeableness (4) and Openness to Experience (5). Extraversion (1) Extroverts are highly sociable, talkative, energetic, ambitious and assertive (Costa, McCrae, 1992). The assertiveness of extroverts is associated with a desire for increased status and salary (Cattell, 1981). Extraversion is associated with high job performance, job satisfaction and team performance (Judge and Ilies, 2002; Judge and Bono, 2000; Kickul and Wiesner, 1997). Previous studies have shown that there is a positive relationship between extraversion on the one hand and job satisfaction (Judge et al., 2002) and organizational commitment (Erdheim et al., 2006) on the other. Even though extroverts are seeking for monetary rewards they tend to form long-term relationships, because in these ones they can develop themselves and have better opportunities to gain a better status and a better income (Tallman and Bruning, 2008). Tallman and Bruning (2008) found that there was a positive correlation between the extroversion personality dimensions and the perceived obligation extrovert people felt organization towards them in fulfilling their growth needs (ÃŽà ² = .25, p Extroverts are high performers and they are committed to their organization (Tallman and Bruning, 2008), in addition they are assertive, so they will tend to stand up for their rights. Breaching the psychological contract of extroverted people will probably lead to stronger negative emotional feelings toward the organization they work for than when comparing to introverted people. This is why it is proposed here that extroverts will be more likely to react emotionally to their psychological contract being breached than non-extroverts. Hypothesis 4b: Extraversion moderates the relationship between psychological contract breach and psychological contract violation, so that the relationship between psychological contract breach and psychological contract violation is stronger for extroverts than for introverts. Neuroticism (2) People high in neuroticism are anxious and lack trust in people, and it is said that they are more prone to perceive failures in life (Judge, Higgins, Thoresen, Barick, 1999). They have a greater tendency to pay attention to the negative side of a situation than other people who have a more balanced view of things (Ho, Weingart, Rousseau, 2003). They are usually poor team performers and they fear change (Kichuk and Wiesner, 1997). Previous research has shown a negative relationship between neuroticism and job satisfaction (Judge et al., 2002). Other authors have linked neuroticism to a preference for transactional psychological contracts (Raja et al., 2004) because these contracts do not require much initiative or confidence (Raja et al., 2004). Tallman and Bruning (2008) showed that neuroticism is positively related to the organizations obligations to provide support for the employees and to stewardship behavior. Because people high in neuroticism are more worried and anxious we believe that their reaction to a psychological contract breach would be stronger than that of people emotionally stable. This is why we propose that people high in neuroticism will have stronger emotional reaction and will tend to perceive their psychological contract as being violated. Hypothesis 4a: Neuroticism moderates the relationship between psychological contract breach and psychological contract violation, so that this relationship is stronger for people high in neuroticism than for those low in neuroticism. Conscientiousness (3) Conscientiousness is related to an individuals degree of self-control, need for achievement, order and also persistence (Costa, McRae Dye, 1991). Conscientious people tend to be more concerned with tasks accomplishment than with the task rewards (Stewart, 1996) and are interested in forming long-term employment exchange relationships (Zhao and Chen, 2008). Research has shown that there is a positive relationship between conscientiousness and work-related outcomes such as job satisfaction (Judge et al., 2002) or commitment (Erdheim, 2006). Orvis et al. (2008) tested the hypothesis that conscientiousness moderates the relationship between psychological contract breach and work outcomes. In their study, the authors showed that lower levels of conscientiousness led to a higher level of perceived psychological contract breach and lower levels of job satisfaction, organization loyalty and higher levels of intentions to quit. Raja et al. (2004) also found that there is a strong relation between conscientiousness and psychological contract breach: people with higher levels of conscientiousness perceived lower levels of psychological contract breach. Thus, it is expected here that it is unlikely that conscientious people will feel that their psychological contract has been violated upon perceiving a breach of their psychological contracts. Hypothesis 4c: Conscientiousness moderates the relationship between psychological contract breach and violation, so that the relationship between psychological contract breach and psychological contract violation is stronger for people low in conscientiousness than for those high in conscientiousness. Agreeableness (4) The agreeableness personality dimension refers to a persons preferences for interpersonal interactions that can range from compassion to antagonism (Costa McCrae, 1992). One of the few papers that investigated the relationship between agreeableness and psychological contract breach and work-related outcomes is the paper by Tallman and Bruning (2008). In their research, the authors show that there is a positive correlation between the agreeableness personality dimension and that perceived obligation agreeable people feel their organization has in supporting its employees (ÃŽà ²=.20, p Agreeable people value their interpersonal relationships and are characterized as being very interested in maintaining positive relations with the people that surround them (Ho, Weingart, Rousseau, 2003). The fact that agreeable people are more prone to maintaining long-term and pleasant relationship with others might have an effect on their perception of their psychological contract being breached. Because the psychological contract is an agreement made between two parties and involves an interpersonal element, agreeable people might be more tolerant and forgiving so it might make agreeable people feel fewer negative emotional reactions to breach than other personality types. Hypothesis 4b: Agreeableness moderates the relationship between psychological contract breach and violation, so that this relationship is stronger for people low in agreeableness than for those high in agreeableness. Openness to Experience (5) Openness to Experience represents open-minded individuals, who are imaginative, inventive, creative, curious and unconventional (Costa and McCrae, 1992). Open people have a high need for autonomy and tend to be creative and adaptive to change (Costa and Mcrae, 1992). Furthermore, open employees are less likely to feel that they must serve the organization or their managers and will look for organizations that will allow them enough freedom to try new ideas and approaches in their activities (Tallman and Bruning, 2008). Because open employees will look for interesting and challenging jobs, we would consider that they will also seek an organization that supports their decisions and that allows them to grow and satisfy their needs (Tallman and Bruning, 2008). This is why we expect that they might feel strong negative emotions when their freedom is limited or when they dont feel their organizations support. Hypothesis 4e: Openness to experience moderates the relationship between psychological contract breach and violation, so that this relationship is stronger for people high in openness than for those low in openness. Research model In the previous sections four sets of hypothesis were established. As shown in the figure, the principal relation in the paper is the one between psychological contract breach, violation and employees responses (turnover intentions, counterproductive behavior), while personality traits are hypothesized to moderate the relationship between breach and violation. Figure 1. Research model 3. Method 3.1 Sample The study was conducted in the Netherlands and used 3 data sources: full-time or part-time employees in the Netherlands, their supervisors and one of their friends. The questions related to psychological contract breach, psychological contract violation and turnover intentions were answered by the respondent, the questions regarding counterproductive behavior were answered by the respondents supervisor and personality was assessed by obtaining ratings from the respondents friend. We consider that the employee is the best source of information when considering psychological contract breach or violation as he is the only person who knows exactly what were his expectations and beliefs regarding his psychological contract. For the turnover intentions we use the employee as a respondent for similar reasons: he is the only one who can tell about his thoughts on leaving the company he works for. In what concerns the measurement of counterproductive behavior we expect that employees will be more reluctant to state the situations were they were acting accordingly, so we consider that their direct supervisor will give more objective responses. Supervisors ratings were previously used to assess counterproductive behaviors in Bordia et al. (2008) or anticitizenship behaviors in Kickul et al. (2001). We also ask one of the respondents friends to fill in the personality survey because employees might distort their personality scores (Rosse, Stecher, Miller and Levin, 1998) and answer the questions the way they think that they should be answered (Mahar, Cologne and Duck, 1995). The respondents were approached through a press release and invitation which were available to them through different websites like: à ¢Ã¢â ¬Ã ¦ The total number of questionnaires spread among the employees was à ¢Ã¢â ¬Ã ¦ from these, only a number à ¢Ã¢â ¬Ã ¦ participants responded. à ¢Ã¢â ¬Ã ¦. In the beginning the employees were sent an email with the link for completing the survey and after 1 week they also received a reminder. The supervisors and friends were approached through the employee, who received a separate link to forward to its supervisor and friend so that they could participate at the survey. X% of employees were male, X% were female, Y% completed their university education, Y% their secondary education programThe average age of respondents was from à ¢Ã¢â ¬Ã ¦ to à ¢Ã¢â ¬Ã ¦, X% of them were working X hours a week, Y% of them were working Y hours a weekà ¢Ã¢â ¬Ã ¦ X% of employees reported an organizational tenure of X%, Y% of employees reported an organizational tenure of Y yearsà ¢Ã¢â ¬Ã ¦ Y% of the supervisors were male and Y% were female, Y% completed their university education, Y% their secondary education program The age of ranged from supervisors was from à ¢Ã¢â ¬Ã ¦ to à ¢Ã¢â ¬Ã ¦, X% of them were working X hours a week, Y% of them were working Y hours a weekà ¢Ã¢â ¬Ã ¦ The average organizational tenure of supervisors was T%. The frequency of contact between the supervisor and employee was for X% daily, for Y% weeklyà ¢Ã¢â ¬Ã ¦ Z% of the friends were male, Z% were female. Their age range was from X to Y years, X completed their university education, Y% their secondary education program. 3.2 Measurement of variables Control variables The results of this study were controlled for the effects of: gender, age and organizational tenure. Gender was controlled for because employees might be evaluated differently according to gender (Turnley, Bolino, Lester and Bloodgood, 2003). Age was controlled for because age could affect work behavior or could also influence the kind of job people choose and finally, organizational tenure was necessary as a control variable because the length of employment might be related to the number of psychological contracts breaches an employee might experience (Turnley at al., 2003). Psychological contract breach The scale of Robinson and Morrison (2000) was used to assess psychological contract breach (Cronbachs ÃŽà ± = .92). The scale consisted of five items that assessed the employees perception of psychological contract breach. An example item is: I feel that my employer has come through in fulfilling the promises made to me when I was hired. Thr
Tuesday, November 12, 2019
Importance in policy developments
AbstractionThe construct of hazard has assumed extreme importance in policy developments is several subjects. There is a broad scope of literature on hazard in several Fieldss runing from scientific disciplines to humanistic disciplines. This construct means different things to different people depending on how it is perceived. Risk perceptual experience is a consequence of several factors and this has deductions for policy development. This paper attempts to specify the significance of hazard and its building in some contexts. It besides explores a few instance surveies on how human perceptual experience, prejudice, communicating and civilization can hold impacts on the effectivity of hazard direction.IntroductionIn the last two decennaries, public concern about the construct of hazard of has been given extended media coverage with frequent contentions. Every twenty-four hours we are warned about unseeable jeopardies, clime alteration, diseases and toxic waste etc. We worry about da ngers in the workplace, in our places and even about the nutrient we eat. Most human existences engage in several signifiers of unsafe ventures and this fact has prompted research workers to try happen out how people understand hazard. Everyone seeks to pull off hazard because we do non cognize for certain what the result of events will be ( Adams 1995 ) This merely means that in any given state of affairs, an inauspicious result may or may non go on and causative factors skew the chances of diverse results ( Graham and Rhomberg 1996 ) Based on this, hazard appraisal has become a moneymaking subject affecting a web of complex and controversial procedures of measuring uncertainnesss, pass oning information about possible hazards and developing controls or extenuation steps. The rating of hazard requires interpretative opinion in the face of technological and scientific and societal contentions. The construct of & A ; lsquo ; hazard ââ¬Ë has become important to the field of policy development within several subjects such as Agriculture, Medicine, Business and Natural Hazards etc. Broad footings like hazard direction presume an appreciable degree of apprehension of the construct of hazard and how it can be measured. I t besides assumes some degree of understanding on how it should be managed. These decisions are based on bold premises. There exists huge literature on hazard covering a broad scope of Fieldss in both scientific disciplines and humanistic disciplines. All these angles can and make lend to a better apprehension of how hazard is constructed, perceived and managed by experts. This paper attempts to research the assorted definitions of the significance of hazard, and how hazard is constructed and used in some context in order to hold a better apprehension of how human perceptual experience, prejudice, heuristics, communicating and civilization impact on the effectivity of hazard direction. Hazard is a really wide construct so and its enormousness should non be underestimated. Hazard touches on the most profound facets of Psychology, Mathematics, Statistics and History. Literature on hazard is monumental and each brings up new countries of involvement ( Bernstein 1996 ) The designation of cardinal issues relevant to policy shapers and interest holders interested in issues associating to put on the line analyses and hazard direction is really of import. Effective hazard direction requires appraisal of inherently unsure events and fortunes, typically turn toing two dimensions: how probably the uncertainness is to happen ( chance ) , and what the consequence would be if it happened ( impact ) . While unambiguous models can be developed for impact appraisal, chance appraisal is frequently less clear. This is peculiarly true for undertakings where informations on hazard chance from old undertakings is either non available or non relevant. The credibleness and value of the hazard procedure is enhanced if informations are collected with attention, taking the clip and utilizing the tools that are needed decently to develop information based on judgemental inputs. Conversely, the procedure is undermined when chance appraisal appears to be entirely subjective. It is hence of import to be able to measure chance with some grade of assurance.DEFINITIONS AND CONSTRUCTIONS OF RISKHazard is a normally used term. It has been technically and convent ionally defined as a combination of the chance, or frequence, of happening of a defined jeopardy and the magnitude of the effects, should that jeopardy or event occur. This definition attempts to inquire how frequently a peculiar potentially harmful event is traveling to happen and the effects of the happening ( Harding 1998: 167 ) This definitions appears rather simple. However, the definition of the construct of hazard has been and is still contested. In recent old ages, the construct of hazard has assumed more importance than was antecedently the instance. Hazard has been defined in figure of ways but is frequently seen as the likeliness that a individual will see the consequence of danger ( Short Junior 1984 ) Economists view hazard as a manifestation of lower incomes or higher outgo that expected. This can be a consequence of several factors. For illustration, the sudden hiking in the monetary values of natural stuffs used for production, the backsliding of a deadline for the building of a new installation, breaks in the procedure of production, the loss of cardinal forces, the alteration of a political government or even natural catastrophes etc ( Luhmann 1996: 3 ) Hazard is besides seen as the combination of the likeliness of an happening of a risky event or exposure and the strength or badness of the impact that can be caused by the event or exposure ( OHSAS 18001 2007 ) . That is Risk = ( Probability of event happening ) ten ( Impact of event happening ) . This attack to the construct of hazard has become common today in Fieldss like atomic power and the chemical industry. The term & A ; lsquo ; Risk Society ââ¬Ë was proposed by Ulrich Beck in 1992, in placing a signifier of catastrophe hazard associated with industrialisation and utmost extremely improbable, risky events. This place assumes that we are in a state of affairs of really low chance of earnestly awful events. ( Douglas and Wildavsky 1982: 39 ) . This conceptual displacement it peculiarly important because it has deductions for policy shapers if the more negative perceptual experiences of the term hazard, assume widespread social position. Another angle of perceptual experience sees risk as being a map of the chance of the specified natural jeopardy event and the exposure of cultural entities ( Chapman 1994 ) . It has besides been seen in industry as being equal to the merchandise of frequence and effects. This definition suggests an outlook of system failure. Risk direction on the other manus is about guaranting that events that happen frequently must hold low effects, or events that have serious effects must be rare. ( Ballad 1992: 100 ) This attack is consistent with the construct of a preset degree of hazard which can be managed. The assorted positions and perceptual experiences of hazard lend acceptance to the fact that hazard is non something that can be subjected to objective quantification or a individual definition, but is instead socially constructed. It can be referred to as a human construct borne as a consequence of the demand to understand and get by with the dangers and uncertainnesss of life. Although these dangers are existent, there is no such thing as existent or nonsubjective hazard. For illustration the atomic applied scientists risk estimation of a atomic accident is likely based on theoretical theoretical accounts with subjective construction and inputs based on sheer premise. There are several angles from which hazard can be viewed. Let us see an attack that considers a three tier system of identifying, measuring and incorporating hazard. This method assumes that hazards exist out at that place and are to be found and dealt with. Management of hazard here involves taking the right stairss and theory helps in this way. This can be said to be the hypotheses behind both traditional and the more recent critical literature and it believes that the designation of possible hazards is the critical first measure in pull offing them. ( Smith et all 2001 ) Another school of idea believes this nonsubjective construct of hazard is erroneous and is endangering in its rigidness. This nonsubjective position of hazard supposes that hazard can be wholly controlled. It besides suggests that on completion of the digest of the list of hazards, the theoretical undertaking is complete and the direction facet is following in line. The combination of these factors leads to the creative activity of a false sense of security that may take to redundancy of the portion of directors which in itself constitutes an even bigger hazard. The societal school of idea believes hazard is socially constructed depending on societal understandings and on different perceptual experiences. It should nevertheless be ascribed to peculiar scenes or state of affairss to do it existent. Sociological literature sees hazard as a construct developed through human actions and that there are dangers that could be avoided. Hazards are consequences of actions that are neither necessary nor impossible ; they are contingent and depend on human actions. ( Thompson 1985 ) All constructs of hazard have a common factor, which is a differentiation between world and possibility. The nature of hazard becomes clearer when one differentiates it from related constructs of uncertainness, danger and opportunity. Uncertainty refers to the deficiency of cognition of the hereafter, merely put, it is unknown. Uncertainty is closely related to hazard and theories ââ¬Ë associating to behaviour, uncertainness in psychological footings is seen to be a critical spell between of human response in state of affairss of unknown results. Uncertainty is psychologically constructed and it exists merely in the head of a individual whose cognition is uncomplete. Afterall, if cognition was complete so there would be no uncertainnesss. The contrast between danger and hazard is based on the fact that danger is seen to be out of the control of the determination shaper while hazard can be affected to an extent. A clear differentiation is that hazard refers to action while dangers are nonsubjective entities beyond human control. ( Somen 1993: 130 ) Opportunity is seen as portion of hazard and can stand for potentially positive developments. This merely means hazard is taken with the cognition that the consequences could convey about possible benefits or losingss. The rating of the construct of hazard and the ensuing action depend on the perceptual experience of hazard. ( Lytinen et all 1998: 235 ) The degree of control that the determination shaper appears to hold about the result of an event is one factor that influences hazard perceptual experience. The more control he appears to hold, the less terrible the hazard is perceived to be. If hazards depend on perceptual experience, so they become subjective and so they become hard to exteriorize. ( Beck 1986: 103 ) The fact that we do non cognize what the hereafter holds weakens the constitution of a complete list of factors. A important displacement in the societal building of hazard is the fact that chance is now seen as portion of the construct of hazard. Some definitions discuss menaces and losingss while others that represent this displacement include chances in their definitions. ( Smith et all 2001 ) Based on these, hazard can merely be spoken of with mention to peculiar scenes. They can non be absolute but curious to peculiar scenes or state of affairss.RISK PERCEPTION AND MANAGEMENTThere has been a big sum of research carried out on the perceptual experience of hazard by worlds, how they live with it and pull off it. The angel of hazard perceptual experience finally determines the method of direction. This merely means hazard will be managed based on the position from which it is viewed. Hazard perceptual experience refers to the subjective opinions that people make about the features and badness of hazard. It is largely used in mention to natural jeopardies, environment and wellness. The major theories developed in the country of hazard perceptual experience are the psychological or heuristics, sociological and cultural attacks. The survey of hazard perceptual experience was borne out of the fact that experts and laic people likewise disagreed on how hazardous engineerings and natural jeopardies truly were. Risk perceptual experience appeared on the phase of policy development as a really of import construct in the 1960 ââ¬Ës. It was implicated as a chief determiner of public resistance to engineering, most notably to atomic engineering. This resistance was borne out of fright of dangers to the environment every bit good as catastrophes that the creative activity of radioactive barrens could convey approximately, but other early illustrations can be given every bit good ( Martin, 1989 ) . In Sweden and Norway, Parliamentarians now devote about three times every bit much attending to put on the line issues as they did in the first half of the 60 ââ¬Ës, as reflected in their submitted private measures. Several efforts were made to manage the hard state of affairs that the unexpected public resistance to the new engineering had caused. ( Sowby 1965 ) proposed that comparings should be made between different sorts of perceived hazard. His thought was that the hazard involved with, smoke, driving a auto or utilizing public agencies of conveyance was far higher than that of exposure to atomic accidents. This nevertheless had really small consequence in doing people accept atomic engineering hazard. A deeper probe of hazard perceptual experience revealed that people were willing to accept hazard to the extent that they were tied to benefits ( Starr 1969 ) . This attack gave rise to involvement in & A ; lsquo ; Risk Management ââ¬Ë and an waking up of involvements in how people perceive, tolerate and accept hazard. Risk perceptual experience now became an obstruction to determination devising, because people came to believe hazards existed where they truly did non. This was the positi on of the experts and the dissension between the populace and adept perceptual experience of hazard is the root cause of the jobs that have plagued hazard direction. Several bookmans have attempted to analyze hazard perceptual experience in greater item. In the 1970 ââ¬Ës, a group of psychologists became interested in happening out how people reacted with respects to put on the line. They carried out experimental surveies of chancing and in this field an effort was made to specify hazard as an abstract construct and to mensurate it by agencies of a psychological graduated table ( Lopez 1995 ) . This attack says something about how people react to lotteries but small or nil about inquiry of hazard policy that was the chief concern of determination shapers. Risk Management can be considered to be the designation, appraisal and prioritization of hazard followed by co-ordinated and economical application of resources to minimise, proctor and command the chance and/or impact of unfortunate events or to maximise the realisation of chances ( Douglas Hubbard 2009 ) Hazards can come uncertainness originating from assorted beginnings such as undertaking failures, recognition hazard, natural causes or catastrophes, accidents etc. Risk direction has besides been defined as the civilization, procedures and constructions that are directed towards the effectual direction of possible chances and possible inauspicious effects ( Standards Australia 1994: 4 ) . Several hazard direction criterions have been developed including the Project Management Institute, National Institute of Science and Technology, ISO criterions etc. These criterions vary widely harmonizing to the whether the hazard direction method relates to project direction, security, industrial procedures, fiscal portfolios, public wellness etc. Risk direction schemes include turning away of hazard, reassigning hazard, cut downing the negative impacts of hazard and accepting all or some of the impacts of a peculiar hazard. In an ideal hazard direction procedure, a prioritization procedure is carried in which the hazards with the highest impact and chance of happening are dealt with first while those with a lower chance of happening are dealt with afterwards. Practically, this can be really hard to transport out. Balancing hazards of high and low chances of happening can be really tasking and is frequently mishandled. Intangible hazard direction on the other manus identifies risks with really high chances of happening but have non been identified due to a deficiency of cognition by the directors or determination shapers. In a state of affairs where insufficient cognition is applied to a state of affairs another type of hazard referred to as & A ; lsquo ; cognition hazard ââ¬Ë is borne. This state of affairs proves fatal to put on the line direction attempts. Another type of hazard arises as a consequence of uneffective coaction between directors and or determination shapers and is referred to as & A ; lsquo ; relationship hazard ââ¬Ë Certain facets of criterions developed for hazard direction have come under unfavorable judgments because they are believed to hold no mensurable effects on hazard even though there has been a pronounced addition in assurance in determinations. Risk direction is seen as a critical portion of effectual direction. However, due to the deficiency of communicating and corporation between practicians in assorted Fieldss, a common apprehension of this construct is nonexistent. This has lead to a multi dimensional apprehension of the construct ( Kloman 1996 ) . This poses a large job for the development, constitution and acceptance of hazard direction as it is a really wide topic with several diverse subjects and subjects ( Lipworth 1996 ) . The development of a hazard direction frame work in isolation is likely to be uneffective unless determination shapers are committed to the integrating of the model to all concern activities and maps. This is done through the acceptance essentials elements like construction, scheme and civilization ( Smallman 1996 ) . This construction provides a general and consistent model for any organisation to develop a hazard direction map. The AS/NZS hazard direction frame work is a good illustration of such a models It is really of import here to advert that attention should be taken in the acceptance of a peculiar hazard appraisal or direction attack. Standardization should non direct or order peculiar methods as this would be unwanted, unrealistic and finally hamper wider credence ( Kloman 2000 ) . Several factors can straight impact on the effectivity of the procedure of hazard direction. The most outstanding of these factors are civilization, which to a great extent shapes perceptual experience and prejudice, heuristics and communicating. Culture is a wide term with a broad scope of definitions. However for the intent of this paper, we will specify civilization as the entirety of the ways of life of a people. With respects to an administration, civilization can be seen as a construct that describes the shared corporate values within an administration which influences the attitudes and behaviors of its members. Safety civilization is a portion of the overall civilization of the administration and is seen as impacting attitudes and beliefs of members in footings of wellness and safety public presentation ( Cooper 2000 ) . From several surveies, it has emerged that direction was the cardinal influence of an administration ââ¬Ës safety civilization. It was found that employees ââ¬Ë perceptual experience of direction concern towards safety, production and planning was the most utile agencies of mensurating an administration ââ¬Ës safety clime. This depends mostly on the interaction between direction and employees ( Thompson 1998 ) . A good illustration of how safety civilization can impact on effectual direction of hazard can be seen in the atomic power works detonation that occurred in Chernobyl, Soviet Union in April, 1986. This event demonstrated the ruinous hazards involved in the most advanced engineerings of all time created by worlds. Harmonizing to probes carried out, it was discovered that the detonation was as a consequence of human action ( Reason 1987 ) . A hapless safety civilization was prevalent at the works and this was reflective of the Soviet society at big. Both the Chernobyl works and its institutional context operated a civilization that had become unsighted towards the jeopardies inherent in atomic engineering. Communication with mention to put on the line refers to a procedure of sharing and interchanging information about sensed hazards between assorted cognition holders, determination shapers including research workers, technicians, directors, members of the populace, governments, media and involvement groups. The exchanged information can associate o the being, nature, signifier, likeliness, chance, badness and steps of response or other facets of hazard. Risk communicating is largely required when determination shapers do non keep all the information about the hazard in inquiry in order to do informed determinations. The motive for hazard communicating may change. It may be that determination shapers require more information in order to do determinations or that the public being cognizant of the hazard pro actively engage determination shapers in an attempt to acquire more information on doing informed determinations. There is an pressing demand to understand how members of the public perceive hazard in order to efficaciously pass on information refering to hazard. In the instance of terrorist act for case, communicating is really of import because any major information must be accompanied by instructions which must be followed by the generalization of the populace. Public hazard perceptual experience is greatly influenced by trust and as such credibleness is possibly the most important factor of hazard communicating ( Heldring 2004 ) . Trust is even more of import when communicating information about jeopardies or hazards that the percipient has really small cognition about. Possibly one of the greatest challenges confronting hazard communicators is integrating or showing the uncertainness in hazard estimations. Hazard comparings are typically given as point estimations, with really small or no indicant of variableness or uncertainness involved in the estimations of hazard. Harmonizing to most risk communicating counsel, hazard messages should non minimise uncertainness or information spreads, and countries of dissension among experts should be mentioned. The degree of assurance in hazard estimations should besides be discussed ( NRC 1989 ) . In the instance of the September 11 bombardments for illustration, unequal communicating may hold been the most powerful individual factor responsible for this incident. American security bureaus fed the populace with what they felt they needed to cognize alternatively of really affecting them in the determination devising procedure. In most instances, information passed to the populace may hold been manipulated to warrant determinations made by authorities and security bureaus. Naturally, this may hold built up misgiving in public perceptual experience about the existent presence of the hazard of terrorist act.Hazard REGISTERA hazard registry is a tool used within hazard direction for undertaking planning and hazard appraisal in the designation, analyses and direction of hazards. It contains information on identified and collected undertaking hazards identified by the undertaking squad in the appraisal of sensed hazards. It comprises a broad scope of contents and recommendations hav e been made by different professional organic structures such as Project Management Body of Knowledge ( PMBOK ) amongst others. Individual administrations besides provide their ain tools used as hazard registries because it is developed in relation to a specific activity or program. Typically, a hazard registry comprises, a hazard description, the impact should it happen, the chance of its happening, inside informations of planned response, extenuation steps or stairss taken in progress to cut down chance and or impact should the event occur and the ranking of hazards harmonizing to perceived precedence. There is nevertheless no standard list of constituents to be included in a hazard registry as contents can depend on the program of the squad, administration or individuals involved. It is recommended that a hazard registry be reviewed on a regular footing most particularly when come oning to the following phase of the hazard appraisal undertaking. The creative activity, care and use of a hazard registry are advantageous to project direction. A & A ; lsquo ; hazard evaluation matrix provides ââ¬Ë a speedy overview of hazard appraisal information derived from a hazard registry. An illustration of a hazard registry used by my group for a hazard appraisal undertaking is attached. The affiliated registry was developed by my group in the appraisal undertaking carried out to describe sphere specific edifice jeopardies, menaces and hazards in relation to the Lanchester library of Coventry University. The assessment attack used was considered equal based on the fact that group members agreed on both the contents of the hazard registry and on sensed hazards in different section associating to the edifice. It must be mentioned nevertheless that different hazard appraisal attacks work good in different state of affairss. Each of these attacks has its strengths and failings. This fluctuation displays the broad assortment of sentiments on hazard appraisal. There is a broad assortment of hazard hiting systems from qualitative to quantitative which efficaciously address a assortment of hazard appraisal attacks. There is nevertheless no indicant that one hazard appraisal attack is better than the other.DecisionRisk direction can no longer be viewed as an independent tool associating merely to fiscal or concern activities. It is most valuable when applied across several disciplined in a holistic mode. Bringing together all hazard appraisal attacks with common foreparts and using them in a robust mode. Institutions and administrations manage their personal businesss on a day-to-day footing and hazard direction is frequently seen as non adding value. Its application is now deriving more evidenc es as administrations now identify a sense of intent by doing usage of hazard appraisals. This has lead to its acceptance in the internal control systems of such administration and has greatly assisted direction in informed determination devising, improved communications and better apprehension of the hazards in and controls in their concern. The existent challenge nevertheless, lies in the integrating of the hazard profile into the strategic and be aftering corporate rhythm of these administrations.MentionsAuditor General Victoria ( 2003 ) & A ; lsquo ; Managing Risk across the Public Sector ââ¬Ë . Government Printer, Melbourne. Kloman, H.F. ( 1996 ) & A ; lsquo ; Risk direction criterions ââ¬Ë . Risk Management Reports [ online ] 23, ( 2 ) Available from[ 10 January 2010 ] Kloman, H.F. ( 1996 ) & A ; lsquo ; Risk direction: approach of age ââ¬Ë . Risk Management Reports [ online ] 23, ( 3 ) Available from[ 10 January 2010 ] Lipworth, S. ( 1996 ) & A ; lsquo ; Risk direction at the bosom of good corporate administration ââ¬Ë . Executive Accountant 23, ( 4 ) 7-8 McNamee, D. , Selim, G. ( 1999 ) & A ; lsquo ; The following measure in hazard direction ââ¬Ë . The Internal Auditor 56, ( 3 ) 35-8 Standards Australia ( 1999 ) & A ; lsquo ; Standards Australia AS/NZS 4360 Risk Management ââ¬Ë Standards Australia, Sydney. Sj & A ; ouml ; berg, L. ( 2000 ) & A ; lsquo ; Factors in hazard perceptual experience ââ¬Ë . Hazard Analysis 20, ( 1 ) 1-12. Lyytinen, K. , Mathiassen, L. , Ropponen, J. ( 1998 ) & A ; lsquo ; Attention Shaping and Software Risk- A Categorical Analysis of Four Classical Risk Management Approaches ââ¬Ë . Information Systems Research 9, ( 3 ) 233 ââ¬â 254 Smith H. A. , McKeen J. D. , Staples D. S. ( 2001 ) & A ; lsquo ; Risk Management in Information Systems, Problems and Potentials ââ¬Ë . Communicationss of the Association for Information Systems, 7. Beck, U. ( 1992 ) Hazard society: towards a new modernness Theory, civilization & A ; society. London: Sage. Bernstein, P.L. ( 1996 ) Against the Supreme beings: The singular narrative of hazard. John Wiley: New York. Thompson, Paul B. ( 1985 ) & A ; lsquo ; Risking or Bing Willing: Hamlet and the DC-10 ââ¬Ë . The Journal of Value Inquiry 19, 301- 310 Douglas, M. , Wildavsky, A. ( 1982 ) Hazard and Culture: An Essay on the Selection of Technical and Environmental Dangers. University of California Press: Berkley Harding, R. ( 1998 ) Environmental decision-making: the functions of scientists, applied scientists and the populace. The Federation Press: Sydney Wikipedia ( 2008 ) Risk Register [ online ] available from[ June 2008 ]
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