Barriers To Parental Involvement

Significance of Parental Involvement to Student Achievement Education is one of the basic rights of a person and improving the state of education has become the priority for almost all nations. Innovations in teaching lessons such as the use of computers and multimedia became an established way in achieving quality education. However, improving the state of education does not solely rely on new technologies and better books or other utilities.Research done by the United States Department of Education in 1994 showed that parental involvement in a child’s learning can have greatly decrease drop-out rates in schools and have positive effects on a child’s achievement (Educational Resources Information Center, 1998, p. 1). Involvement of parents can be defined as the inclusion of dyadic relationships between the child, parent, teacher or the child’s legal guardian (Edgrowth, http://www. edgrowth. com/p2. html).Parental involvement that can enforce positive effects on a student’s performance can also be classified into different types. The three broad types that are often used to categorize parental involvement are â€Å"at home† or â€Å"at school†. At home parental involvement means that the activities the parent’s take part in are limited to school works that are brought home such as home works or school projects. The second type of parental involvement is at school which basically means that the parents are involved in school activities (Patrikaku, 2005, 8).Another type of parental involvement is through advocacy activities such as being a member of PTA/PTO organizations and other organizations which greatly boost the representation of parents and students in the school and community (Chavkin, 1993, p. 191). Since the early 1980s, the United States has stressed the importance of parental involvement in children’s development. In order to stress out the importance of this involvement, many states in America e nacted legislations that will increase the involvement of parents in school programs.Some of these legislations are in Connecticut, Michigan, Ohio and South Carolina. These states require the student’s parent or guardian to be actively involved in school activities. They also require the parents or guardians to record and report the activities they do with their child (Organization for Economic Cooperation and Development, 2006, p. 152). The greatest gains that can be made when parents are involved in their children’s learning can be achieved when the parent’s are not only mere supporters but also if they are greatly involved in the activities.Deep involvement means that the parent’s not only supervise the children but also act as tutors when the children are at home. (Hornby, 2000, p. 3). Therefore the establishment of extensive parental involvement is a very important element in maintaining and securing the effectiveness of quality education. Numerous b enefits of involving parents in a student’s learning justify why this kind of involvement is important. Research done in the United States show that when parents play a role in their child’s education, the students do not only benefit academically but also socially.The research also showed that family income and social status are not accurate indicators of whether a student will succeed. (Franklin, et. al. , 2006, p. 630). The environment that a family creates when they are involved in a student’s learning makes a student want to achieve more. Also, when they support and express high expectations from their children’s education, the children tend to achieve more. Additionally, children learn the value of their achievements no matter how big or small it is therefore encouraging them to be proud of who they are.Other researchers were able to deduce that parental involvement is directly related to student achievement. The students who had their parents invol ved in their education were observed to have better performance in school. The students had better attendance and decreased drop-out rates. The attitudes and behaviors of the students were also improved. School bullying was not observed from the students who are effectively guided by their parents (Hawes, et. al. , 2001, p. 742). When a parent guides their child in school through positive involvement, the child also learns how to be responsible and have good leadership skills.Studies show that the ability to make wise decisions start from decisions that are made within the family. Therefore if a child is taught wisely, the child will be able to make sound decisions when he is at school and especially when he grows up (Michigan Department of Education, 2010l). From the very early stages of studying, parental participation deeply enhances the academic achievement as well as a child’s adjustment in school. It also allows students to have better opportunities to cultivate scholas tic and social skills.These skills if developed well will be helpful in later school success and long-term cognitive benefits (Wong, K. , et. al. , 2002, p. 184). Importance of parental involvement is also highlighted because students whose parents are involved in school have good discipline at school and have better communications with their teachers. Unlike other students who disobey their teachers and do not behave well in class, these students do not get detentions often. They also respect their teachers like how they respect their parents (Va Educational Research Service (Arlington), 1997, p. 7).School administrators also refrain from unsatisfactory work when it comes to monitoring children. Indeed parental involvement is very significant in a student’s development and their achievement. Its importance is proven by numerous studies done not only in the United States but also in other countries. Its significance encourages more schools to pursue their students’ par ents to become more actively involved in school activities. It also makes communication between school and the parents better. Children are undoubtedly stimulated to achieve more and do well in school. Socio-Economic BarriersMaking majority of parents involved in the children’s education is not an easy task for educators. There are many impediments in parental involvement that school administrators face. Though there are legislations made for this, barriers such as socio-economic factors are not easily eradicated. Socio-economic status or SES can be defined as an individual or family’s social and economic position that is basically based on the family income and occupation, parental education level, and social status in the community (North Central Regional Educational Laboratory, http://www.ncrel. org/sdrs/areas/issues/students/earlycld/ea7lk5. htm). Students who belong in lower socio-economic class or the working class have lesser parental involvement than those who belong in the upper socio-economic class. This is partly because the parents of the latter spend more time with their children than those from the lower social class. Parents who are not very affluent spend majority of their time at work therefore reducing the time that is supposed to be spent guiding their children (King. W. , 1999, p. 64).Working class parents also refrain from developing communication relationships with their child’s teachers thus resulting in lack of information when it comes to school activities and happenings inside the classroom (Galen, J. , et. al. , 2007, p. 169). Another barrier in parental involvement that is related to the socio-economic status of a parent is when school administrators favor students whose parents are more supportive of school policies. These parents give more to school projects in terms of monetary donations therefore making them more actively participate in school.Also, there are cases where in students from disadvantaged famili es experience double jeopardy in school. The â€Å"double jeopardy† happens when students who have low socio-economic status live in disadvantaged communities and are also doubly inclined to attend disadvantaged schools. Though they can choose to attend better schools, they are sometimes segregated by these advantaged schools therefore discouraging them from doing better in class. Segregation happens when the said schools choose the most able youth in school activities thus neglecting other students (Richardson, S. , et. al. , 2005, p.213). Another study showed that parents who live in communities with poor socio-economic status are not very easy to reach in terms of communication (Van Wyk, et. al. , 2008, p. 17). They either settle in different places in a short-span of time partly because they do not have sufficient financial resources. Some are difficult to reach because they deem parental involvement in school as a waste of time and that they should be earning money for t heir family than attending school functions. Lack of access to financial resources is seen to be a growing problem in schools today (Thomas, L. , et. al., 2007, p. 68). Cost of education is slowly increasing and some parents choose to have their children out of school in order to meet the demands of their basic needs. When this happens, the number of out-of-school children increases. Thus, the needed opinion from parents to make the quality of education better is not given. When a certain family belongs in a community from a low socio-economic status, they tend to feel isolated because of poverty and unemployment. This social isolation will have a negative impact on the parents’ and children’s socialization skills especially to the school (Lyman, R., et. al. , 1989, p. 211). Some parents express fear about communicating with teachers because they are afraid that they will be treated fairly by teachers. Discrimination or unfair treatment due to their class is also feare d by parents from low socio-economic background. Additionally, depending on the socio-economic background of the parent, they may adapt well to the advocacies done by the school and the activities performed by schools (Porter, L. , 2008, p. 35). They can either choose to easily accept these school policies or not and this will greatly affect the success of parental involvement.Language Barriers The use of languages sets humans apart from other living organisms. It is a vital tool that is utilized to communicate with others and understand each other. However, because of the many different spoken languages, people from different nationalities find it difficult to reach each other. In case of parental involvement, language is also another barrier in achieving the benefits of parental involvement. School activities such as Parent-Teacher Association meetings are deemed important in involving parents in the child’s school.It is one way to let the parents know of the problems of th e school and the students and how they can help the school solve these issues (Struck, D. , 1995, p. 17). However, when meetings are held in a school that caters to widely diverse nationalities, language is a problem. Not everybody speaks and comprehends one language, therefore making understanding difficult. Parents who belong to the minority or other nationality for example Asians feel that it may be disrespectful if they will talk to teachers and not be able to fully understand what the teacher is saying (Diane Publishing, 1998, p. 21).Minority parents also feel awkward when approaching teachers and other staff from their children’s school because they feel that they will not be able to understand each other. There are also instances where in because of the language barrier, parents from the minority are no longer invited to attend school activities because instead of making understandings, more arguments are made (Rockwell, R. , et. al. , 2009, p. 95). Though there are tr anslations services offered by some schools that advocate parental involvement school, difference in language is not that easily overcome by some school administrators (Funkhouser, J., 1997, p. xlv). This is because translators are unable to translate all languages that may be used by parents. Additionally, not all parents, especially from the minority are not that welcome to the idea that someone is translating for them. School Receptivity The school’s receptivity also plays as a factor in the success of parental involvement. If the school welcomes the parents well and if they are open to the opinions of the parents, hindrances to parental involvement will be avoided. School receptivity is, based on researches found to be a great predictor of how willing school’s are (Robinson, E., 2007, p. 11). However, not all schools are very receptive to parents at school. Research showed that there were teachers who did not communicate well with parents thus resulting to too many miscommunications (Nelson, G. , 2005, p. 253). Projects that were started both by the school and the parents in order to guide students failed. Because of this, some schools refrain from involving parents too much in school activities and other advocacies. Family members and school personnel are the people responsible for a child’s education.Aside from this, these people also contribute to the betterment of the educational process (Hiatt-Michael, D. , 2010, p. 4). Their receptivity towards each other is fundamental to the construction of a child’s knowledge. The greater the receptivity, the better the relationship between the parents and the school is and better decisions will be made for the benefit of the students. As mentioned before, there are parents who are afraid of talking with teachers because of socio economic and language barriers. The same goes with school administrators and other school personnel.Some of them do not accept much of the parent’s invo lvement in teaching students for this may cause confusion in the part of the students. Indeed, school receptivity is a major factor in the implementation of parental involvement in a child’s study. Even if there are numerous laws or regulations that encourage parents to be involved in schools, if the school itself is not receptive to these policies, the parents’ effort to support their children’s education will all prove to be futile. Parent Aspirations As parents, it is only natural for them to aspire for something good for the future of their children.In order to prepare them for it, they send them to the best schools, give them the best resources that they can afford and guide them very well on what decisions should be made. Their involvement in the children’s school is also another method of preparing their children that better future. Through proper academic encouragement, parents can greatly help their children achieve in school (Valencia, R. R. , 2 002, p. 125). However in cases of disadvantaged families, their aspirations for their children might lack and result to the student’s poor performance in school.Because of their status they tend to be more negative that parents who are affluent or parents who are not that disadvantaged. Parents from disadvantaged families are by research more pessimistic than those who are not disadvantaged (Organization for Economic Cooperation and Development, 2010, p. 179). Parents who are from poor families also have the tendency to settle for less than ambition for something great. When they let their children attend school, they do not pursue a college degree because they think that graduating from secondary school is enough to get a decent job (Combat Poverty Agency, 1999, p.10). When these parents do not have high aspirations for themselves or their children, they also refrain from being involved in school activities. They think that it is just a waste of time and that it will not be necessary in finding decent jobs in the future. They also do not want to be involved in their children’s school because they might have experienced something negative which led to their low aspirations in life. On the other hand, if the parents, even if they belong in a disadvantaged family, have high aspirations for their children, then their involvement in the school will be high.This will lead to their children’s high achievements and to do well in school. Additional Barriers Aside from the barriers to parental involvement mentioned above, there are still more problems that serves as hindrances to parental involvement for disadvantaged families. These barriers are the reasons why parental involvement is not that effective in some schools. If not dealt with properly, both y the school and the parents, the construction of education of the student will be gravely affected. The structure of the family can be considered as another barrier in parental involvement especial ly for disadvantaged families.For an instance, if the family belongs to the single-parent structure, then it will be difficult for the parent to be involved in school activities. It will also be hard for her to teach the children after school because the said parent will be performing the roles of two parents at a single time (Callison, W. , 2004, p. 2). The working schedule of the parent is also another barrier in parental involvement. If the parent is working full time, then it will be difficult for them to be involved in school activities which aim to give their children better education.Meetings such as PTA meetings will clash with their work scheduled and they will have to sacrifice one or the other based on their time schedule. If they belong to a lower socio-economic class or from a disadvantaged family then they will surely choose their work because making money for their family will be their utmost priority. Other children in the family can also be another barrier in parent al involvement. There are cases where in the disadvantaged family has too many children. Because of this, they cannot focus on the welfare of one child alone.They sometimes neglect or sacrifice the education of their other children to give way to their younger children. They cannot support the school’s advocacies because they have other things to do for their other children (Openshaw, L. , 2007, p. 60). For disadvantaged families who came from other countries or are immigrants, cultural differences may be a barrier for them. What they are used to do in their home country may vary on the place they currently reside in. Miscommunications will be the result of cultural differences between the parent and the teachers.What the teacher will say might mean entirely different to the parent based on the culture he grew up in. Elderly parents or guardians can be another barrier in parental involvement especially for disadvantaged families. Elderly people are sometimes too conservatives when it comes to changes in policies or how things are ruled. When the school wants a new regulation that will be for the welfare of the students, there is a chance that they might resist this change. Instead of helping the school to provide better services, their being conservative will only hinder the positive changes enforced.Transportation can also be considered as another barrier in parental involvement. For disadvantaged families especially, spending money on transportation to go to their child’s school can be called luxury. They might be unable to afford transportation so they will just skip the meetings or other advocacies implemented by the school. Negative or other traumatic experiences that a parent had when they were at school can be another barrier for parental involvement. Due to the negative experiences they had when they were students, they might shun connection with schools when they grow up.More often than not, parents send their children to schools they we nt to when they were younger. Though the staff that administers the school may be different during their children’s time, the trauma brought about by their negative experiences may result in their refusal to be involved in the school again. Indeed there are more barriers to parental involvement especially for disadvantaged families that are being discovered by studies done by experts. Unless they are dealt with properly, implementation of parental involvement in schools will not be successful. References Callison, W. (2004). Raising test scores using parent involvement.New York: Rowman & Littlefield. Chavkin, N. (1993). Families and schools in a pluralistic society. New York: SUNY Press. Combat Poverty Agency. (1999). Poverty Today. New York: Combat Poverty Agency. Diane Publishing. (1998). What's Noteworthy on Learners, Learning & Schooling. Kansas: DIANE Publishing. Edgrowth. Effects of Parental Involvement and Divorce on Student Achievement. Retrieved August 22, 2010, from http://www. edgrowth. com/p2. html. Educational Resources Information Center (1998). Parent involvement in children's education: efforts by public elementary schools. New Jersey: DIANE Publishing.Franklin, C. , Harris, M. , et. al. (2006). The school services sourcebook: a guide for school- based professionals. New York: Oxford University Press. Funkhouser, J. (1997). Family Involvement in Children’s Education. Washington D. C: DIANE Publishing. Galen, J. , et. al. (2007). Late to class: social class and schooling in the new economy. New York: SUNY Press. Hawes, J. , Shores, E. (2001). The family in America: an encyclopedia, Volume 1. California: ABC-CLIO. Hiatt-Michael, D. (2010). Promising Practices to Support Family Involvement in Schools (PB). New York: Information Age Publishing. Hornby, G. (2000).Improving Parental Involvement. New York: Continuum International Publishing Group. King, W. (1999). Looking into the lives of children: a worldwide view. Australia: James Nic holas Publishers. Lyman, R. D. , (1989). Residential and inpatient treatment of children and adolescents. New York: Springer. Michigan Department of Education. Parent Involvement = Student Achievement. Retrieved August 22, 2010, from http://www. michigan. gov/mde/0,1607,7-140-5233-23090–,00. html Nelson, G. (2005). Partnerships for prevention: the story of the Highfield Community Enrichment Project. Canada: University of Toronto Press.

Memento Mori

Nya Tejada ENGL 4230 King Memento Mori While I thoroughly enjoyed this novel, I was left more than a bit confused by the end of it. The characters were quite humorous and even disturbing at times with their scheming, blackmailing, hypocrisy, denials, and even their beliefs on the important matters in life which seemed so realistically self-centered that I could believe them to be real people in authentic circumstances. And yet, the amount of characters to keep track of was daunting in number as well as the numerous background stories and it was only by their ties to each other that I was able to grasp on to the plot-line behind it.Muriel Sparks successfully created a reality of her own with a web of wickedness that is so thoroughly layered in the span of nearly a century that I was left not necessarily unsatisfied but overjoyed that she left a question unanswered till the very end. Who was that mysterious caller? Many suggestions were given and yet I was aware that one shined out amo ng the rest. For Inspector Mortimer says it quite clearly that â€Å"considering the evidence,† which is altogether vexing and baseless, â€Å"the offender is Death himself. † (p. 144)It didn’t really matter who specifically the caller was and underlying the great mystery was a spiritual resonance that forced the reader to grip the book wanting to shout at the characters to stop their nonsense and just take advantage of their last remaining years because death is waiting patiently to take them and they were ready to keep going with their secrets and their obsessions which like invisible merciless gods, ruled over them all their lives until Jean Taylor, the only morally sound character it seemed, decided to reveal Charmian’s own ongoing affair allowing progress for Godfrey to live a bit more passionately for just a short while longer. I had no qualms viewing the suspect as a spiritual entity because the last line of the book only validated this notion by r eferring to the quote at the beginning of the book as, â€Å"Jean Taylor lingered for a time, employing her pain to magnify the Lord, and meditating sometimes confidingly upon death, the first of the Four Last Things to be ever remembered† (p. 224). In that final page, I was left thinking everyone got their just desserts as they would inevitably reached and I was grateful for the review of how they all died just so I wasn’t left even more overwhelmed by all the information given.But the very last line brought me back to thinking about the recurring theme of religion throughout the novel as Charmian may have very well been the closest character to resemble Spark herself. I tried to look up a biography for her to see if my suspicions were closer to the truth that she had filtered in her own experiences and was pleased by my findings that she did in fact have a son and he may very well have been an artist such as Eric was talented in that field but critical and resentful for his mother’s success as a writer. That got me thinking of how Spark’s saw writing as a connection to her spirituality and perhaps this relationship mirrored her own feelings towards her son’s Judaism when she was a Roman Catholic herself and how that came as a backhand to the face for her.It was also more than a coincidence that Charmian had been sending Eric money just as Spark’s did for her son until she had enough of their strained relationship and nearly if not completely severed her ties with him. So to say that I was well aware of her own questioning and thought-provoking feelings towards her religion would be an understatement. For I have felt that same ghostly if not lingering call to my own Catholic roots, always feeling a sense of something greater, a presence working its way in and out of the seams in this reality and yet while wanting to place it inside of a religion, merely value it as a part of humanity to peer back at us in our most pro found moments, which certainly includes the embrace of death. I found myself thinking again and again of the quotes placed before the start of the novel.For the book appeared to incorporate all three quotes but especially the third by having the reader judge each character themselves by their thoughts and actions, as though we are death waiting to take them justly for their either trivial or purposeful lives, hoping to place them in either heaven or hell with every wrong or morally right move they made. I wanted such characters like Charmian to have a pleasant sleep, to just drift off because she was trying so to regain some strength for herself and reach such a point but for characters like Mrs. Pettigrew I wanted the exact opposite and was appalled by her having received that wealth after-all. However, she did try so very ard to get exactly what she wanted and at least she had the drive to do something of purpose for herself, never mind that she was a successful villain. I was lef t with a smile on my face for its originality and thoroughness which can only be executed by a talented author who is able to place herself in her characters without it being an angst or far too emotional diary altogether. If only the grotesque characters could have been given far worse deaths when death itself is not justly enough. But then, it wouldn’t have been so realistic, and in that sense I could only agree with how she preferred it. Realism is always more convincing when relating to religion somehow anyway.

Is the liability of a carrier for the carriage of goods by sea any Essay - 1

Is the liability of a carrier for the carriage of goods by sea any different under the Hague and Hague-Visby Rules than it is at common law - Essay Example These exceptions were stated in the Acts of Lading, making carriers an almost untouchable lot. Later on their insistence led to a free-for-all in contract negotiation, and to carriers claiming and securing exception from almost all manner and form liability, even negligence. This led to the decision of the maritime stakeholders to have some form of control to prevent widespread abuse of claims arising from this situation. At the International Conference on Maritime Law held at Brussels in October 1922, (1) the delegates at the conference, agreed unanimously to recommend their respective government to adopt as the basis of a convention a draft convention for the unification of certain rules such as responsibilities, liabilities, rights and immunities attaching to carriers under the bills of lading. Bill of lading is a receipt of terms of the contract of carriage, which is generally evidenced by a document. This receipt is issued by the ship owner acknowledging that goods have been delivered to him for the purpose of carriage and the terms of the contract are incorporated in the bill of lading. signed at Brussels on the 25th of August, 1924; the Convention for the Unification of Certain Rules relating to bills of lading or The Hague Rules(2) was passed. In its bare essence, the Rules obliged carriers to provide seaworthy vessels at the beginning of the voyage and exercise due care for the goods throughout it(3) Thereafter, the U.K. Carriage of Goods by Sea Act of 1971 was passed to give effect to the protocol. The 1971 Act was brought into force in June 1977 and it repealed the 1924 Act and re-enacted the Hague Rules in their amended Hague Visby form.(4) "Contract of carriage by sea" means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another; The Carriage of Goods

The impact of climate changes in the near future Essay

The impact of climate changes in the near future - Essay Example These policies include implementing and regulating the existing laws and coming up with new laws that preserve the environment for the future and will not cause further climate change (Moller, Fielder, Berthold, pp. 3, 2010). The temperature of the entire world has changed, and this has been attributed to greenhouse gas emissions, particularly the fossil fuel burning, which has led to an increase in global warming (Kernan, pp. vii, 2010). This global warming leads to a dramatic temperature change, which is forecast to change more so in the future. Numerous studies and researches have concluded that some areas will witness an increase in temperature, while others may experience a drop in temperature. The changes in precipitation rate will great impacts, which will harm the temperature in many regions even more so. Climate change brings dangerous consequences with it. There are numerous impacts on agriculture, forestry, fishers, and other environmental factor (Moller, Fielder, & Bertho ld, pp.3, 2010). An even more pressing concern is the impact on the ecological systems because of further climate changes. The paper attempts to explain the various impacts of climate change. However, first it describes the causes of this climate change briefly. A sharp focus is also important; therefore, analysis of a particular region will further enhance the extreme problem of climate change. Centuries had passed since the formation of the world when the globe did not witness any climate change. However, this was to change when humans discovered fossil fuels. The population on the world multiplied drastically. Industrial Revolution spurred off economic development, but with the opportunity cost of environmental damage. The environmental damage has resulted in the extreme climate change. The greenhouse effect is perhaps the largest factor in this climate change. In the words of Timoth Wirth, former US senator and Undersecretary of State for the Global Affairs, â€Å"The greenhous e effect is the most significant economic, political, environmental, and human problem facing the 21st century† (Hardy, 222, 2003). Other reasons also form part of this global climate change. However, the paper is more concerned with describing the details of the impact of climate change on nearly facet of life in the planet, Earth (Hardy, pp. ix, 2003). The Intergovernmental Panel on Climate Change has shed light on the reality of global warming. The Fourth Report summarized a finding, which stated that the mean temperature has shown an increase of 1 degree centigrade, in the northern part of the world. There have been large changes in the distribution of rainfall, resulting in more rain in winters and less in the summers. Melting of glaciers has induced the seal level to rise by almost 20 cm, which can have devastating impacts. Natural disasters such as droughts, floods, and cyclones have gotten increasingly common, because of rapid climate change. The above-mentioned impact s are mainly the most common ones; however, these are not the only ones (Kernan, pp. 1, 2010). In the recent decades, all sorts of doubts regarding the effect of greenhouse emissions on global climate have fallen off. Although the climate of the world has changed in six periods since the evolution of Earth, the climate change the world undergoes currently is widely â€Å"unnatural†, and backed largely because of human activities. Glacier melting in the Northern Alps,

Duty of the Court and its Interpretation of Legislature Essay

Duty of the Court and its Interpretation of Legislature - Essay Example Consequently, the unnecessary strain that is being imposed on judicial system is making judiciary to do the work of the legislature. Ernest Bruncken quotes Vandereycken about the three stages in the development of judicial interpretation as the literal state, logical stage and the positive stage. The interpretation of significance finds in logical and positive stages as logical stage considers the will of lawgiver and respect for it. Whereas, the positive stage the law can be seen as the product of economic and social forces working through law giver and finding expression accordingly. Hence, in this case the question about the power and duty of the court to travel outside the law on a voyage and discovery comes to the fore. The metaphor in the above sentence deals with the nature of interpretation that deviates from the original meaning and logic of the law considered. Hence, in the context of court interpreting the law in positive stage, the exigencies of social life will be the so le consideration of the court (Ernest Bruncken, 2009). Hart's theory and concept made greater impact on contemporary positivism as he applied the radical insights of the new linguistic philosophy. According to Tebbit Mark (2000), he explained the central problems of jurisprudence with sound theoretical footing and tried to do simplify the complexity of law. As Hart acknowledged the value of Bentham and Austin's efforts of clarification and tried to expose the weaknesses of classical common law, he tried to establish the power of Courts to go beyond the intentional meaning of the law to interpret according to the social situations. As he expressed reservations about some areas of law as serious obstacles in the path of genuine understanding, he viewed the interpretation of courts about the law as the articulation of pre-existing good. Hart disagreed with Hobbes and Austin about the positive form of command theory and supported the revealing of true explanatory strength. The reason for rejection of command theory by Hart is that it did no t reflect the reality of any possible or actual legal system and its explanatory power was limited thus confining the courts to certain points while interpreting the law. In that manner he supported the power and duty of court to interpret the law according to social situations. While stating his concept Hart constructs two effective arguments. First about the essence of law that purports to explain and thus stated that the rules cannot be orders or commands. As he felt that the rules are the ones, which facilitate social transactions, the interpretation of courts plays an important role in applying the law to various social situations thus giving the power to court to go beyond the concept of the rule in law. The second argument is about the distinction between types of legal rules that talks about analysis of social practices. As he pointed out that concept of an accepted rule is missing in Austin's analysis, Hart supported the sophisticated understanding of the social practice fo llowing a rule (Tebbit, Mark (Author), 2000). The important aspect in Hart's argument is that the rules in the law are open textured. Hence, Judges have to fill the gaps by their discretion. Hence, he

The Jurisdiction and National Security Policy Assignment

The Jurisdiction and National Security Policy - Assignment Example With limited types of cases that it can hear, The Federal Court hears cases that involve the United States as a party. The jurisdiction of the Federal Court System also includes cases that violate the U.S Constitution or general federal laws. Some of these laws are on copyright, patent, bankruptcy and maritime law cases. Another area of difference with the jurisdiction of State of California and the Federal Court System is that whereas the State of California Court System is not mandated to hear cases in which one or both parties live outside California, the Federal Court System is allowed to hear cases between citizens of different States, especially with the amount in contention exceeds $75,000. Finally, there are instances where both the State and Federal Courts have jurisdiction. It is the case, the parties involved choosing which of the two courts they would want to use. 2. Explain what national security policy is and identify the key policy-making actors in U.S foreign policy T he National Security Policy is a guiding principle of strategic national security plan prepared on a periodic basis by the executive arm of the United States Government. The policy is made up of major national security issues and ways by which the Administration plans to handle them. Though prepared by the Executive Arm of government, the National Security Policy is prepared for Congress.

Migration Essay Example | Topics and Well Written Essays - 750 words

Migration - Essay Example gree, the following analysis will engage the reader with a discussion of how the 19th century came to serve as the first representation of change that human migration had experienced in many hundreds of years. Further, as this topic is explored and related to source documentation that has been reviewed during the course of this semester, it is the further hope of this student that the reader will come to a more informed realization for how the changes that took place during the 19th century, with respect to migration and the impact that this continues to have with respect to the way in which the current world is defined and exhibited. Migration was also fundamentally impacted by the availability of resources that came to be present within places such as the United States, Canada, and South America. As markets began to open and the rate of international trade developed, the availability of individuals to move from one part of the globe to another was maximized alongside this dynamic. As such, recognizing that they might be able to drastically improve their lives by relocating to one of the previously mentioned areas of the globe, tens of thousands of people took it upon themselves to sell their possessions and travel the glove looking for better opportunities (Henderson, 2013). Further, the emancipation of the serfs within Russia and the relaxed political climates elsewhere encouraged something of a new dynamic with respect to the way in which people understood their own opportunities, the importance of native geography, and the potential for gain that movement could afford to them (Gevorkyan, 2013). As the lectur es noted, the broad majority of all of this migration took place between the Old World and the New. As such, 65% of all migration during the 19th century could be accounted for just within the United States and Canada. Benefitting wildly from this influx of labor and expertise, these economies grew by exponentially and allowed for the industrial