A Summary Of Utilitarianism Philosophy Essay

A Summary Of Utilitarianism Philosophy Essay Utilitarianism, also known as the English common sense philosophy dominated the Western world during most of the nineteenth century. Utilitarianism is a normative ethical theory that places the seed of right and wrong solely on the outcomes (consequences) of choosing one action/policy over other actions/policies, hence also sometimes referred to as the Consequentialism. The history of this theory dates back to its true pioneer Jeremy Bentham ( 1748-1832) who gave rise to a new concept in hedonism: The Social Hedonism which was quite different from the Hedonistic doctrines of Aristipppus and Epicurus who are considered to be the fathers of Hedonistic school of thought. Bentham ; the common-sense British thinker is largely held responsible for the shift from egoistic (individualistic) hedonism to the Universalistic( social ) hedonism. He declared in his book Introduction to the Principles and morals and Legislation that all mankind is ruled by two basic masters; namely PAIN and PLEAS URE and that all human race is busy in the so-called rat-race of the pursuit of pleasure and the disapproval of pain.He also asserts that good can be equated with pleasure and evil with pain. Here comes in the big question that How should pleasures be graded as far as preference is concerned? Whether one should go for short-term and intense pleasures or long-term and mild pleasure take precedence over the former. He therefore came up with a detailed outline of principles regarding the preferences of pleasures in his Hedonic Calculus. According to Benthams calculus, he emphasized the significance of seven circumstances in order to determine the value of any action, hence presented a criteria for the preference of pleasures influenced by following major factors: Intensity: of the pleasure or pain that results Duration: of either of the two Certainity: The confirmation that pleasant event will be occurring. Promptness : The nearness of the pleasant event. Fecundity: Its ability to reproduce( lead to) more pleasure. Purity: freedom from either present or future. Extent: characterized by the number of people affected by the action John Stuart Mill(1806-1873) adjusted the more hedonistic tendencies in Benthams philosophy by emphasizing that it is not infact the quantity of pleasure, but the quality of happiness that is central to utilitarianism. He further argued that pleasure couldnt be quantified as stated by Bentham and can only be measured in terms of quality only. Mill advocates his rationality of ideas in the following famous words: It is better to be a human being dissatisfied than a pig satisfied; better Socrates disstatisfied than a fool satisfied The implification of this advancement by Mill lead to a belief that the calculus is unreasonable (there is a distinction between higher and lower pleasures). According to Mill, utilitarianism now refers to the Greatest Happiness Principle GHP. it seeks to promote the capability of achieving happiness (higher pleasures) for the maximum number of people. The Maxim holds as such: Greatest happiness for the greater number Act and Rule Utilitarianism The principle of utility can either either be applied to PARTICULAR ACTIONS or GENERAL RULES. The former is called act-utilitarianism and the latter is called rule-utilitarianism. Act-utilitarianism The principle of utility is applied directly to each alternative act in a situation of choice. The right act is then defined as the one which brings about the best results( good or pleasure) (or the least amount of bad results/bad or harm). Rule-utilitarianism The principle of utility is used to determine the validity of rules of conduct (moral principles). A rule, like promise-keeping is established by keeping in view the consequences of the rule. This can be achieved by imagining a society/world in which people broke promises at will and a world in which promises were kept. Right and wrong are then defined as following or breaking those rules. Some criticisms of this position point out that if the Rules take into account more and more exceptions, Rule Utilitarianism collapses into Act Utilitarianism. More general criticisms of this view argue that it is possible to generate unjust rules according to the principle of utility. For example, slavery in Greece might be right if it led to an overall achievement of cultivated happiness at the expense of some mistreated individuals Critiques on the Utilitarian Theory: The first and foremost critique grounds its claim in the definition of the notion of happiness itself. According to various thinkers Happiness is a pretty relative term. What makes one person happy does not necessarily arouses the same sentiments in another individual. The practicality of the theory is challenged by saying that its not possible to decide whos happy and who is not? There is no justification of sacrificing the benefits of the minority in order to make the majority happy, no matter what. This simply undermines the notion of justice Utilitarianism has no universal set of rules on to which morality is based The sharpest criticism of Utilitarianism comes from its most celebrated critic: Kant. Kants Ethical Formalism holds that the rightness or wrongness of an act is an inherent quality which is independent of everything-time, place, circumstances, so on and so forth. Furthermore , this inherent or absolute quality of an act is independent of any results which follow from it, hence refuting CONSEQUENTIALISM altogether. Critiques on the Act Utilitarian Theory Criticisms of this view point to the difficulty of attaining a full knowledge and certainty of the consequences of our actions. According to some thinkers the consequences of acts cannot be predicted accurately and therefore refutes the argument of establishment of the rightness or wrongness of an act to begin with. One act doesnt have a single consequence. To the contrary, it leads to a multitude of consequences which is usually described as the Ripple Effect, hereby rendering the evaluation of an act as good or bad by looking at its consequences simply impossible. It is possible to justify immoral acts using Act Utilitarianism which is not justified and acceptable on any grounds. Critiques on the Rule Utilitarian Theory: Some criticisms of this position point out that if the Rules take into account more and more exceptions, Rule Utilitarianism collapses into Act Utilitarianism. More general criticisms of this view argue that it is possible to generate unjust rules according to the principle of utility. For example, slavery in Greece might be right if it led to an overall achievement of cultivated happiness at the expense of some mistreated individuals SUMMARY: KANTIANISM Immanuel Kant (1724 1804) stands as a milestone in the history of Western philosophy. Kants theory can be categorized as a deonotological because according to him, actions are not assessed to be morally permissible on the basis of consequences they produce, but rather on the persons will therefore his actions are based on duty and not consequences( henceforth refuting Utilitarianism right at the start). Monistic deontology as subjected by Kantianism is by far more consistent of a theory and can be universally applied to all beings. It is more plausible because even if the consequences of performing an action arent necessarily the best, the agent is still obligated to perform the action because it is their duty to do so. Therefore, ethically and morally they are doing the right thing.Kants theory revolves around Duty and Obligation. It is absolute since the morality of an action takes no regard of the situation it is in. Moral duty Kant said that we all experience an innate moral duty. The existence of the conscience and feelings of guilt and shame tell us when we violate this moral duty. He believed that our moral duty could be revealed to us through reason, objectively. His theory was based solely on duty. He said that to act morally is to perform ones duty, and ones duty is to obey the innate moral laws Moral duty Kant said that we all experience an innate moral duty. The existence of the conscience and feelings of guilt and shame tell us when we violate this moral duty. He believed that our moral duty could be revealed to us through reason, objectively. His theory was based solely on duty. He said that to act morally is to perform ones duty, and ones duty is to obey the innate moral laws. He believed that we are constantly in a battle with our inclinations our raw wants and desires. We should not act out of love or compassion.He preached the most celebrated view of Duty for Dutys Sake Kant said that its was not our duty to do what is impossible for us to do. For Kant, the fact that we ought to do something means that it is logically possible to do ought implies can. Moral statements are prescriptive; they prescribe an action. If ought implies can then the statement, I ought to do x, implies that I can do x. Kant said that we all aim to reach an ultimate end call the supreme good, the summum bonum a state in which human virtue and happiness are united. However, since it is impossible to reach this state in one lifetime, he deduced that we have immortal souls to succeed. Thus, Kant believed in an afterlife where there is a possibility of reaching the supreme good. For an afterlife to exists, Kant said God must exist to aid eschatological justice. For him, God was necessary for morality not the other way round he rejected all classical notions of theism. Moral statements Kant believed that there were two types of statement possible. First, a priori analytic statements such as 1 +1 = 2 are knowable without external research and contains predicate within it. However, statements that are a posteriori synthetic such as, Jack is a butler are knowable only by empirical examination it may be true or false. Kant contended that moral statements were a priori synthetic. We cannot prove what someone should do just by seeing so moral statements are a priori. However, moral statements may or may not be true, thus they are synthetic. Therefore, Kant concluded that moral statements where knowable only through reason since they are a priori and that there must be a method by which to verify whether the statement is true or false. Good will and duty Kant argues that the highest form of good is good will. To have good will is to perform ones duty. To do ones duty is to perform actions which are morally required and to avoid those actions which are morally forbidden. Kant said that we should perform our duty because it is our duty and for no other reason. To perform an action out of desire for any self indulgent consequences is not a morally good action. Duty is good in itself. Kant believed that we should act out of duty and not emotion. A human action isnt morally good because we feel its good, or because it is in our own self interest. Even if duty demanded the same action, but it was done for a motive such as compassion, the act would be a good act, but the person would not be moral (virtuous) for choosing it. Kant is said to have devised a system of ethics based on reason and not intuition. A moral person must be a rational being. Being good means having a good will. A good will is when I do my duty for the sake of that duty. I do my duty because it is right, and for no other reason. But what does it mean to act out of duty? Kant explained that to act out of duty is to perform actions which are morally obligatory and not to perform those that are forbidden. The categorical imperative: It is the basis of Kants moral system and may be formulated as follows: Act as if the maxim of your actions were to become through your will a general Natural law The categorical imperative helps us to know which actions are obligatory and which are forbidden. Hypothetical imperatives are conditional: If I want x then I must do y. These imperatives are not moral. For Kant, the only moral imperatives were categorical: I ought to do x, with no reference to desires or needs. There are three main formulations of the categorical imperatives. 1.  Ã‚  Ã‚  Ã‚  Ã‚   The universal law -The ability to universalize: All moral statements should be general laws, which apply to everyone under any circumstances. There should be no occasion under which an exception is made. 2.  Ã‚  Ã‚  Ã‚  Ã‚   Treat humans as ends in themselves -Respect: Kant argues that you should never treat people as a means to some end. People should always be treated as ends in themselves. This promotes equality. 3.  Ã‚  Ã‚  Ã‚  Ã‚   Act as if you live in a kingdom of ends -Autonomy: Kant assumed that all rational agents were able to deduce whether an argument was moral or not through reason alone and so, all rational humans should be able to conclude the same moral laws. Kant sought to create a framework by which one could discover which moral statements were true and which were false. Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desire-based instrumental principles of rationality or based on sui generis rational intuitions Freedom Kant believed that we are free to make rational choices. Reason is what distinguishes us from animals. We have to be free to do our duty. But if we cant be free then we cannot truly be moral agents. Ought no longer implies can. Critiques on the KantinianTheory: Kants refusal to allow any exceptions to a maxim is incompatible with modern politics. In war, the sacrifice of the few for the many is necessary. Kant does not allow this. Kant cannot distinguish between conflicting duties. Kants concept of universalisability encounters problems. How similar do two moral dilemmas have to be to be covered by the same maxim? Critics object that the categorical imperative, as circumscribing the form of morality, is often too ambiguous, even empty of application Kants refusal to allow and exceptions to a maxim is incompatible with modern politics. In war, the sacrifice of the few for the many is necessary. Kant does not allow this. Critics of Kants approach claim that his Categorical Imperative does not contain within it a way to resolve conflicts of duties. Lying is wrong can be interpreted as Never lie and thus Universal Principles can harden into Absolute Principles

Effects of Advertising on Children Essay

Overall view on advertisingAdvertising is the communication relayed from companies to persuade an audience to purchase their products. This communication is usually through various forms of paid media — TV and radio commercials, print ads, billboards and more recently, product placement. Ads are placed where advertisers believe they will reach the largest, most relevant audience. Commercial businesses use advertising to drive the consumption of their product, while non-profit organizations may place ads to raise awareness or encourage a change in behavior or perception. Advertising is the form of communication by fresh ways that the ad-filmmakers used to encourage, persuade or entice the consumers to buy their products. If an advertisement for a product attracts the consumers, they tend to purchase it frequently or at least give it a try. If a company has to survive in this competitive world, it has to project the image of its products in such a way that, they pick up the maximum sales. Nowadays, advertising plays an important role in the society, and since children form the major parts of the target group for advertisers, many advertisements focused on children are a proof of this fact. Today, children are watching more television than years ago, and thus viewing more advertisings. Many books have been written and many studies and reports done on the effects of TV advertising on children. In this presentation, we will look at some different positive and negative effects of TV advertisement on children, and give some suggestions as a solution to lim it negative effects of advertising on children. I. Positive effects of advertising on children – Advertising makes the kids aware of the new products available in the market. It increases their knowledge about the latest innovations in the field of technology. – Alive and flashy images with short messages like a motto, and charming models stimulate children’s imagination and their intelligence. – Certain advertisements, with strong messages motivate the kids in chasing their future prospects such as becoming a doctor, scientist or an engineer. They generate the passion in children, regarding their future and makes them realize the importance of education. – Some advertisements inculcate good habits in children, as all the toothpaste companies create strong awareness regarding dental hygiene in kids. II. Negative effects of advertising on children -Children may make excessive demands on their parents for the products they see in the advertisements. At times, they cry, pinch, pull and will not keep quiet till the parents purchase the product. Some parents who cannot control their children may fall in anger with them. -Junk food advertisements influence children greatly, leading to an increased demand for junk food by children. When children watch young adults eating junk foods in the advertisements they assume that it is good for the health. They are unaware of the fact that junk food does not contain nutritional value. They may even think that by eating these junk foods they might become like the thin and fit models in the advertisements. These unhealthy eating habits lead to diseases, such as obesity, heart diseases, high-blooded pressure. It even influences the way the kids think about the actual taste of food. – Children often tend to misinterpret the messages conveyed in commercial advertisments. They end up having wrong believes about many problems. Sometimes, they imitate the acts of models in the ad-films. For example, they can try smoking, drinking wine or beer. – As more and more advertisments are becoming animated, children are unable to understand the difference between real world and fantasy. They tend to have difficulties in doing tasks such as solving puzzles and reading. III. Solutions to limit negative effects of advertising on children – Parents play a major role in this case. Parents should teach their children of how to be critical of ads and how to become less influenced by the messages in the ads. Parents need to teach their children the importance and value of money. – Parents also need to instill good habits and help children to differentiate between right and wrong – Parents should limit the time of watching television of their children and spend more time playing with them or organize more outdoor activities for them. – Solutions from government: A few countries have banned marketing and advertising targeted at children below the age of twelve. One country has banned advertising of toys before 10 p.m. as it is at this time that children are mostly awake. Previously advertisers marketed children’s products towards parents. Parents were their target audience for these products. But nowadays, marketers aim their messages directly at children. Advertisements are made specifically in such a way that they draw the attention of children. The marketing messages are aimed directly at the children. – Advertisers on the other hand, can also try to put their message across creatively and target the entire family rather than just children. With a balanced approach, the negative effects of advertising can surely be controlled. I.Overall view of advertising 1. What is the advertising? – A form of marketing. – A method of mass promotion. – Purposes of advertising: + To introduce new products + To persuade the audience to purchase the product. + To cultivate brand identity 2. How does the advertising affect to people’s mind? – By the language – By the design – By the image and music II. Positive effects of advertising on children – Making the kids aware of the new products available in the market. – Stimulating children’s imagination and their intelligence. – Generating the passion in children and making them realize the importance of education. – Inculcating good habits in children. III. Negative effects of advertising on children -Making excessive demands on their parents for the products in the advertisements. – Increasing demand for junk food in children. – Misinterpreting the messages conveyed in commercial advertisments and imitating the acts of models. – Hardly differentiating the difference between real world and fantasy in the ads. III. Solutions to limit negative effects of advertising on children – Solutions from parents: +Teaching their children of how to be critical of ads and how to become less influenced by the messages in the ads and the importance and value of money. +Instilling good habits and helping children to differentiate between right and wrong. +Limit the time of watching television of their children and spending more time being with them. – Solutions from government: + Banning marketing and advertising targeted at children (related to time and the age of children) + Asking advertisers to target their messages to the entire family rather than just children. Advertising is all around us, it is an unavoidable part of everyone’s life. Some people say that advertising is a positive part of our lives while others say it is a negative one. Discuss both views and include your own opinion. Give reasons for your answer and include any relevant examples from your own knowledge or experience. You should write at least 250 words. Advertising is all around us, it is an unavoidable part of everyone’s life. Some people say that advertising is a positive part of our lives while others say it is a negative one. Discuss both views and include your own opinion. Give reasons for your answer and include any relevant examples from your own knowledge or experience. You should write at least 250 words. Of Course for several reasons: firstly, it motivates the psychological point in everyone, especially women. They will run to buy this advertised product especially if it’s from cosmetic roof, just to show their beauty to men, which will lead to more offender and raped cases. Secondly, you can sit comfortably with your family and suddenly the telephone is ringing, but it’s nothing important, it’s just another company try to convince you to buy one of their products. It is a real intrusive example of advertisement. Lastly, sometimes you do not have the financial ability to buy something, but with these new methods of advertisement, you will run to buy it, which will affect your budget. On the other hand, there are some good sides to advertising. For instance, it compares the prices of many companies which benefitthe consumer. Besides, it really opens our vision to see more products which we do not knowit unless the TV or Radio advertised them. In addition to, it breaks our daily routine and allows us to see new faces and learn the language better with the help of the daily updates they deliver through advertisement. In conclusion, as we can see there are many aspects to this essay. I feel that we gain no benefits at all from advertisement, it playson minds of people buy more things that they do not need it at all. Advertisements are all around us, and they vary greatly in their attempts to attract consumers. Some ads highlight the product’s features, while other ads’ content seems to be completely unrelated to the product they’re trying to sell. It’s the latter type of ads that shoppers need to be most wary of, according to a new study. Researchers at the University of California, Los Angeles, and George Washington University focused on two different types of advertisements. The first type of ad, called â€Å"logical persuasion,† or LP, presents facts about the product, such as, â€Å"This car gets 42 miles to the gallon.† The second type of ad is referred to as â€Å"nonrational influence† (NI) because it circumvents consumers’ conscious awareness by depicting a fun, vague or sexy scene that seems to have nothing to do with the product. In the study, researchers showed advertising images to 11 women and 13 men while recording the electrical activity in their brains using electroencephalography (EEG). Each participant viewed 24 ads that had appeared in magazines and newspapers. The ads contained either LP or NI images. LP ads showed a table of facts and figures in a cigarette ad and suggestions about selecting food for dogs on the basis of their activity level in an ad for pet food. The NI advertisements included a liquor ad featuring an image of beading water and a cigarette ad showing a woman leapfrogging over a fire hydrant that is spraying water as a man grins behind her. The researchers found that the brain regions involved in decision-making and emotional processing (including the orbitofrontal and anterior cingulate regions, the amygdala, and the hippocampus) experienced significantly higher activity levels when participants looked at the LP ads. These brain regions have been shown to help inhibit a person’s response to certain stimuli, such as preventing an impulse purchase. When participants viewed the NI advertisements, however, these regions of the brain did not show activity levels that were as high as what the individuals experienced when they viewed the LP ads. â€Å"Watch your brain and watch your wallet,† study researcher Ian Cook, a professor of psychiatry at the Semel Institute for Neuroscience and Human Behavior at UCLA, said in a statement. â€Å"These results suggest that the lower levels of brain activity from ads employing NI images could lead to less behavioral inhibition, which could translate to less restraint when it comes to buying products depicted in the NI advertisements.† The study is published in the current edition of the Journal of Neuroscience, Psychology, and Economics.

My Journey Essay

I want to take this time to share my story about my transition back in the civilian world. In 1990, I was honorable discharge from United States Army this was during peace time in which I had to leave the military due to family hardship. At this time I received changes of duty station to return back to Korea which was my second tour of duty. I just had my fourth child and she was only 10 months old. My only option was to leave fourth children with my mother. I felt that was just to much for my mother at that time. While out the military I have a difficulty time adjusting back to civilian life. During this time I was married to a soldier, so I was still connected to the military life. But transition back to civilian living was hard for me. I did attended a class on resume writing and I obtained a job as a Certified Nursing Assistant at the local Nursing homes were I did my training at. My emotions was somewhat abnormal in which I felt like I was abandon and depression was their also. Even though I was working in civilian job I crave the advantage that I experience with my military job. My transition took about seven months for me fully accept the civilian sector way of life. Since I like the medical field I enrolled at Central Texas College and received a diploma as a Licensed Vocational Nurse. But I still missed being in the military. But the military provide me with a solid foundation for employment, because I the military helped to adapt to any situations.

Colonial American Educational Practices essays

Colonial American Educational Practices essays America prides itself on the fact that every child in this nation is entitled to a free and well rounded education. This was not always the case. The establishment of schooling systems within America, was an evolutionary process. Each region in the country began with a system which suited them, whether that meant that children only learned what was necessary for survival or just basic reading and writing. Eventually, America began to realize that its children needed to educated. It then became a public issue, and the emergence of institutionalized learning centers originated. This still did not ensure that all children were educated, especially when it came to girls. Up until the aftermath of the American Revolution, education for girls was not a priority and not deemed very important. Only with the new ideology that emerged from that war, did the amendment of womens educational rights become considerable. Very few colonial children received formal educations in the early years. As members of the family workforce, children were vocational apprentices of the parent of their own sex: fathers trained sons in agriculture or in the family trade, while mothers taught housewifery to their girls. Children were to be prepared for the immediate world of their upbringing, if reading and writing skills were not needed to tend to tobacco, then they were last to be taught. The attitude that prevailed, consisted of the idea that book learning, as a part of educational preparation for those headed for a career in the family trade or for girls destined to be housewives, was audacious, although this form of learning may have been present. However, male children were more likely to be literate and possess a variety of training in comparison to their sisters, who usually only acquired skills through everyday life activities. Often neighbors (usually a indigent widow) would teach children reading, writing and spelling...

Selectone of the works of art that are featured in Ch. Essays

Selectone of the works of art that are featured in Ch. Essays Selectone of the works of art that are featured in Ch. Selectone of the works of art that are featured in Ch. Providea response of approximately 150 words for each of the Describe the artwork in terms of the six elements of visual design: line, space, light and color, texture, pattern, and time and motion. Focus on the elements that are most relevant to your selected work of art. Joseph the Carpenter by Georges de La Tour is a simple work with minimal background and few objects in front to detract from the overall execution of the painting. The spacing of the painting suggests the night as cold, dark, and oppressive. The detail in this work is very rich in such subtleties as the smoke from the candle flame that seems to move as you watch it. The faces of the man and the boy seem almost photographic in their attention to detail. The symbolism here is rich and succinct especially in the one represented by the candle. The candle is the single light source surrounded by shadows and creates contrast. The boy holding the candle references Jesus as the Light of the World. The power of the candle appears almost mystically from his hands but is in part, not fully visible, suggesting that his full potential has not yet been revealed but rather held back, kept in check until the time is right for it to come out. Analyze the work in terms of the five principles of visual design: balance, emphasis and focal point, scale and proportion, repetition and rhythm, and unity and variety. Focus on the principles that are most relevant to your selected work of art. Georges de La Tour specialized in religious themes and utilized the technique known as chiaroscuro which means strong contrast between light and dark (Louvre, n.d.) Using a candle for many of his works added rich contrast to his paintings. In this painting contrast is enhanced by the strong light reflected on Christs face that in turn appears to light up the room. This creates the focal point of the painting and the result is one of striking visual impact. The instrument that Joseph is using to drill the wood reflects the shape of the cross. This, along with the layout of the wood on the floor, which is set cross-like to the seated Jesus, foreshadows the crucifixion. These elements refer to three devotions that were particularly important in Lorraine in the 17th century through the motivation of the Franciscans, Saint Joseph, the Infant Jesus, and the Cross, and unifies the religious symbolism of the composition (Louvre, n.d.) Evaluate the quality of the artwork based on the elements and principles of visual design. Analyze and interpret what the artist intended to communicate through this artwork, including the significance of the title, if any. Georges de La Tour is best known for the nocturnal light effects which he developed much further than his artistic predecessors had done, and transferred their use in the genre subjects in the paintings of the Dutch to the religious painting in his (Encyclopedia Britannica, 2014). He was involved in aFranciscan-led religious revival in Lorraine, and over the course of his career he moved to painting almost entirely religious subjects (Encyclopedia Britannica, 2014). Based on this information, and the lack of factual historical data of his life, La Tours artwork seems to be a result of political and environmental influences of his era. Unlike Caravaggio, who was his greatest influence, his religious paintings lack dramatic effects. This composition is a careful geometrical and simplified painting of forms, but with a high degree of originality in color and symbolism. Its simplicity extracts both contemplative quiet and wonder, but lacks the reverence and divinity of better-known allegorical artwork. Assess the cultural and historical value of this artwork. Does it qualify as great art in your opinion? Justify your answer. As Aristotle once said, The aim of art is to represent not the outward appearance of things, but their inward significance.(Common Cause, 2013) Great art should make the viewer feel great emotion, and this composition lacks passion for the subject matter. Although it is a representational religious painting of Joseph and Christ as a child, the painting

Discussion Board 6-1 Assignment Example | Topics and Well Written Essays - 250 words

Discussion Board 6-1 - Assignment Example These experiences right from childhood to often distort the developing of psyches in the people of color leading to loss of crucial development task that brings about personal identity. In other words, the oppressive conditions that people of color often undergo as early as childhood often hinder their ability to develop their identity effectively and above all meet their potential. Racism, discrimination, biasness, and prejudice that characterize the life of people of color are undoubtedly a tough experience that they have to endure at one point or another in their lifetime (Diller, 2011). It is unfortunate that all these tough experiences comes with power and some benefits that dominant community enjoy at the expense of the minority and this aspect confuse the people of color more powerfully than anything else. The fact that racism, ethnicity and prejudice perpetrated against diverse community is meant at portraying them as either bad or inferior race does a big blow in the identity development of most people of color. As most people grow up and try to gain more personal understanding of themselves and identities with respect to their social inclination they are often caught up in dilemma owing to the preponderance of negative messages they get from other dominant race concerning

'Alternative dispute resolution is at the heart of today's civil Essay

'Alternative dispute resolution is at the heart of today's civil justice system, and any unjustified failure to give proper - Essay Example Early 1990s had been witnessing delays in the conduct of litigation in courts exacerbated due to complex procedures and interlocutory battles entailing heavy costs to the parties and the state exchequer as well. As stated by the English Centre for Effective Dispute Resolution (CEDR), British commerce can achieve cost savings of over ? 1 billion by avoiding time spent by the management, spoilt relationships, lost productivity and legal fees.1 Mediation method already has helped save about ? 6.3 billion since 1990.2 In a classical case decided in 2007 involving a claim of just ? 6,000, parties are reported to have spent nearly ? 100,000 as litigation costs. 3 Perceptions about mediation are still mixed as revealed by a survey of the Ministry of Justice in 2007. For 38 % of the respondents, mediation had resulted in cost savings and for 29 %, costs had increased. Those who had settled cases through mediation informed of cost savings except for 7 % of them for whom costs had increased. F or those whose cases could not be settled through mediation, 45 % of them stated cost increases, 19 % cost savings and 28 % did not see any difference in costs.4 Sequel to Lord Woolf’s report, the U.K. Government made it a condition as far as possible to provide for ADR in all government contractual disputes arising out of procurement contracts. 5 As a result, ADR was resorted to in 336 cases out of which 241 were settled with a resultant cost savings of ? 120.7 million. 6 in Royal Bank of Scotland v Secretary of State for Defence, the successful defendant was refused costs as it had not opted for ADR in line with the above said ADR pledge by the Government.7 An audit report of 2007 stated that non-availing of mediation in family disputes entailed additional cost of ? 74 million through legal aid i.e average legal cost for a non-mediated case amounted to ? 1,682 as against ? 752 for a mediated case. 8 Warren K. Wrinkler Chief Justice of Ontario notes with caution that mediati on if not successful ends up as an additional layer in litigation costs. 9 Time efficiency is another factor apart from cost factor. According to a report of the CEDR, in England 75 % of their cases were settled instantly (same day). 10 Mediated family disputes cases are settled faster at 110 days than non-mediated cases which take 435 days to settle. 11 Regardless of cost effectiveness and time efficiency, flexibility available in mediation towards mutually consensual resolution is absent in court led litigation. The English Alder Hey case that involved more than 1000 claims is a classic example of successful mediation that resulted in apology and erection of permanent memorial for the children whose organs had been withheld by the hospital. ADR provides for not only procedural flexibility but also of flexibility of outcome.12 Mediation offers larger number of remedies that include apology, explanation, enduring relationships, and undertaking by one party an obligation without any legal compulsion. 13 In order to have an effective mediation system, the 2008 EU Directive applicable for cross-border disputes states that member states should have legislation that ensures mediation that guarantees a predictable legal framework, provides for flexibility in procedures and ensures autonomy of parties. Besides, the mediation should be conducted in an effective, impartial and competent manner.14 The EU directive adds that it can be applied to internal mediation of the