Judges Power to Override Legislation

Judges Power to Override Legislation INTRODUCTION The issue of judges having the power to override legislation can be linked to Judicial Review (JR) which has been a point of debate between different scholars. To understand judicial review, one must look at the definition of democracy and the nature of it. Democracy as described by A Weale is a government whereby important public decisions on questions of law and policy depend, directly or indirectly, upon public opinion formally expressed by citizens of the community, the vast bulk of whom have equal political rights.[1] Democracy can be seen as a good way of choosing government and as such the government cannot infringe on the rights of the people. This relates to the social contract theory which was given by John Locke whereby the people have to agree to give up their freedom as long as the government agree to do what is mentioned in the contract. The social contract theory was created to protect the natural rights of the people. For a democracy to exist, the people must have rig hts and this is the major reason Judicial Review exists; to uphold these rights for the system to be democratic. Therefore, I will be supporting the notion that the courts should be given the power to scrutinize, not override legislation if it conflicts with the rights in the Bill of Rights. I will be looking at arguments for Judicial Review put forward by Dworkin as well looking at the arguments against it given by Waldron and I shall give my conclusion. DWORKINS THEORY Firstly, the bill of rights according to Dworkin are the clauses of the American constitution that protect individuals and minorities from government[2]. Therefore, these clauses must be given the moral reading. Dworkin gives meaning to the moral reading in his book Freedoms law: the moral reading of the American constitution[3]. He explains that the moral reading proposes that judges, lawyers and citizens should interpret and apply the abstract clauses on understanding that they invoke moral principles about political civility and justice[4].   The moral reading brings political morality into the heart of constitutional law but this is uncertain and controversial, therefore any system of government that makes such principles part of its law must decide whose interpretation and understanding will be authoritative[5]. In the American System Judges have that authority and in his book, Dworkin disproves the critics that suggest the moral reading of the constitution gives judges t he absolute power to impose their own moral convictions on the public[6]. Democracy means government by the people[7] as seen in Dworkins article but he did point out that there are two ways in which democracy can operate. The first is the majoritarian premise[8] and the second is the constitutional conception of democracy[9]. The majoritarian premise is of the view that political decisions and procedures should be made based on the favour of the majority or the plurality of the citizens provided that they have adequate information and enough time on reflection[10]. Dworkin rejects the view of the majoritarian premise. This is because even though it seems that most people in the United States of America have accepted the majoritarian premise, there are still some who believe that the majority should not always be the final judge[11]. The reason for this is that there are situations where individual rights need to be protected and the decisions should not be based merely on what the majority want. The premise supposes that it is unfair when the political majority does not always get their way[12] which is unfair to minorities and individuals. Dworkin looks to a different, better account of the value of democracy[13]. This is the constitutional conception of democracy[14]. This takes on the view that collective decisions should be made by political institutions whose structure, composition and practises treat all members with equal concern and equal respect[15]. This is done out of concern for the equal status of citizens and not out of commitment to the goals of majority rule[16]. This is one major reason Dworkin argues in favour of the courts. He believes that an independent body such as the judiciary can make decisions which respect not only the majority but also individual citizens. In relation to Dworkin proving that JR improves democracy, he proposes three arguments that favour the majoritarian premise and he rebuts each of these arguments which demonstrates that the majoritarian premise is undemocratic. However, only two of these arguments will be looked at. The first argument in favour of the majoritarian view is liberty. People that are in support of the majority view argue that allowing judges to strike down legislation can be perceived as undemocratic because it infringes on the right to liberty. The right to liberty includes the freedom of the people to govern themselves by electing political officials. Dworkin rebuts this argument in two forms which are the statistical collective action and the communal collective action.[17] A collective action is statistical when a group of people do that action as only a matter of individual interest, that is, doing it for their own selfish gains but it leads to a result that favours everyone in the community[18]. While a collective action is communal when it cannot be reduced to some statistical function of individual action[19]. This is a matter of individuals acting together consciously to bring about a result. Dworkin believes that if a loss of liberty should exist then the collective action should be communal not statistical. Loss of liberty to any individual would be negligible. The communal collective action brings about how an individual voter can identify with the community. The community as a whole must treat an individual with respect and as an equal[20]. This relates to the concept of moral membership. Moral membership is how an individual should be treated as part of the community as a whole. There are two features of moral membership; the first is structural[21] which explains that the community must have a shared culture, history and language. The second is relational[22] which emphasizes on individual rights. As a member of the community every individual must have political rights. If every member has these rights, then everyone should all be treated equally as a member of the community. This also means that people have a part in collective decision making, as well as a stake in what happens and they also have independence from it[23]. Dworkin believes that without these rights then democracy cannot exist. The second argument is community. From the majoritarian view the argument would be that if the view of the majority is overridden then citizens are deprived of the value of participating in communal decision making. Dworkin rebuts this by saying that citizens can also participate in the political process through other ways. One of such ways is the power that is given to the people by the constitution to form non-political communities such as religious, professional and social groups[24]. Dworkin refers to the first amendments association of protection that prohibits religious discrimination which enhances that power[25]. The second way is through influence; citizens may have more influence over a judicial decision by their contribution to public discussion of the issue than they would over legislative decisions just through voting or even a referendum[26]. Dworkin reaches the conclusion that there is no loss in democracy if the final say is left to judges, therefore he believes that Judicial review can improve democracy. WALDRONS THEORY Waldron takes on a different view regarding Judicial Review and democracy. In his article THE CORE OF THE CASE AGAINST JUDICIAL REVIEW[27]Waldron begins by saying JR is just the subjection of the legislature to the rule of law and then he goes further by drawing a distinction between strong and weak JR[28]. Strong JR is a system whereby the courts have the authority to override a statute in a particular case or modify the statute to make its application conform with individual rights[29]. While weak JR is a system whereby the courts do not have as much authority; the courts may scrutinize legislation for its conformity to individual rights but they may not decline to apply it[30]. Waldrons focus is on societies that have strong JR. In making his argument against JR, Waldron makes four assumptions about a society. In this society there is a functioning democratic system, a set of judicial institutions that is functional, a belief and respect for individual and minority rights and disagreement over the meaning of rights among members of the society[31]. It is the disagreement over rights that Waldron lays emphasis on. In a society, people will have disagreement about the compatibility of the legislation and rights and when these disagreements exist there needs to be an ultimate authority that can settle the disagreements about rights. Waldron looks to two sort of reasons that need to be taken into account in evaluating the decision-procedure for settling disagreement. These are the outcome related reason and the process related reason[32]. The process related reason[33] are reasons for insisting that a person makes a decision that stands independently of the considerations about the appropriate outcome[34]. It is all about the process and the way the outcome is reached.   In politics, the most familiar process-related reasons are those based on political equality and the democratic right to vote, the right to have ones voice counted even when others disagree with what one says[35].   Waldron continues his process related reason argument by saying that the legislature gives each person the greatest say possible which is compatible with an equal say for each of the others[36]. He believes that representative system satisfies the demand for political equality which is equal voice and equal decisional au thority[37]. Waldron believes that this is preferable to the outcome related reasons. Outcome related reasons[38] are reasons for making the decision procedure in a way that will ensure the appropriate outcome[39]. It focuses on which institution brings about the best outcome. Waldron gives three reasons that favour JR producing a better outcome and he gives his reply to each argument. The first is the orientation to a particular case. The issue of rights are presented to the judges in the form of flesh -and-blood individual situations[40]. Since the courts are dealing with individual rights it helps to see how an individual is affected by a piece of legislation[41]. Waldrons reply to this is by the time these cases reach the highest court almost all trace of the original flesh-and-blood right holders[42] has vanished[43]. The judges tend to view these cases in an abstract way and the courts address these issue in a more general way[44]. The second argument is the orientation to a text in the bill of rights[45]. Waldrons response to this is that a legal right that finds protection in a Bill of Rights finds it under the supports of some official form of words in which the provisions of the Bill are articulated[46]. The written creation of the Bill of rights tend to encourage a rigid word based formalism which the courts may try to interpret in an obsessive manner[47]. Waldron believes that this can be avoided in a system of legislative supremacy because legislators can take on the issue for themselves without reference to the Bill of Rights formulations[48]. He also makes one final point which is judicial reasoning may be distorted by an omission in the bill of rights[49]. He gives a scenario of a disagreement between positive (socioeconomic) rights and negative(liberty) rights which may alter Judges understanding of the rights included[50]. They may give more weight to positive rights than negative rights which may l ead to Judges striking down statutes that are trying to make up for the rights that failed to register in the formulation of the bill of rights[51]. The third argument that Waldron gives his response to is stating reasons[52]. He says that Courts are concerned with the legitimacy of decision making therefore they focus their reason giving on facts that show that they are legally authorized by constitution, statute, or precedent[53]. This counts heavily against the court in the outcome related argument about JR over legislation[54]. The courts are distracted by the legitimacy issue they pursue and as a result they lose track of the heart of the matter[55], whereas the parliament go directly to it[56] and their reasons are given in debates and are published in Hansard or Congressional record[57]. He gives the example of Roe v Wade[58] whereby none of the judges in the supreme court paid attention to the plaintiffs position that was being discussed[59]. Waldron reaches the conclusion that the legislature is a better process than the judiciary because it is a legitimate and fair way of deciding disagreements over rights. The Judiciary being a non-democratic institution does not uphold democracy. MY OPINION In a democratic system rights that are upheld can be found in the Bill of Rights. For the sake of the question it is the British bill of rights that will be considered. This brings up the issue of JR. Judicial Review gives the court the authority to scrutinize statute or in some cases override statutes if it is incompatible with the bill of rights. One thing to remember is that the court is a non-democratic institution. Looking at both sides of the argument they each carry weight; Dworkin is of the view that JR improves democracy while Waldron is of the view that the parliament is better suited to improve democracy. From Dworkins argument I understood the difference between the majoritarian premise and the constitutional conception of democracy. In his book Dworkin thought the constitutional conception of democracy was a better way for democracy to operate. The constitutional conception of democracy is a good idea which upholds individual rights. Judges can be seen as independent bodies that can make decisions and interpret the law in a consistent manner unlike the government. In regards to governmental bodies in Britain, it can be seen that the executive and the parliament have some form of connection. It is possible that the executives may exert pressure on parliament seeing as how they make the parliament accountable. This could create inconsistencies. Dworkins theory relates democracy to rights, according to him without rights there is no democracy. As an individual in a community you need to have the sense of moral membership and as such the community treats you with respect and as an equal which means that all voices are heard and everyone can fully participate in self-government which is a political right. In reality to gain equal membership in a community would be impossible. Waldron also brought up some compelling arguments against strong JR. His focus is on the right-based JR; he believes that the process of JR is unsuitable for a democratic society whose main problem is the disagreement over rights. He believes that the disagreement can be resolved by adopting procedures that respect the voices and opinions of individuals whose rights are at stake and this procedure is done by the legislation. I agree with most of Waldrons theory but I still question some of what he proposes. Waldron explains the process related reasons and outcome related reasons as considerations that are separate but there are certain circumstances whereby the process and outcome work together as one. If the outcome is a bad one, then that means the process reasons that gave that outcome authority are invalid. It can be seen in Waldrons article he refers to process-related reasons including fair elections, majority decisions and citizen participation. I think this argument is biased in favour of the legislature, this is because all the processes he mentions are naturally associated with the legislature; they are legislative practices. Waldron believes that JR is not a good final decision procedure because it does not make proper use of these practices. These practices are meant for legislative procedures. This is not a good argument against JR because the courts have their own process related considerations which are hearing out the cases of individuals who are represented by lawyers, looking to precedents, making decisions and if the individual is still unhappy with the outcome, there is always a chance for an appeal. Just because the process is different does not mean it is not legitimate. He gave the argument of courts getting distracted because they seek legitimacy. Judges interpret the laws to the best it can be and apply it to the cases of individuals. They look for legitimate reasons because they are trying to protect individual rights in accordance with law. I agree with his outcome related argument that refers to the orientation of the bill of rights. I also accept that, that much power should not be left to the courts without a body to question them seeing as they are unelected, but in Britain there is a hierarchy of courts and it can be seen that various cases are taken from the magistrate court to the crown court, sometimes high court and finally to the supreme court. I would like to think that the judges in these different courts check and balance each other out. This is because different courts usually disagree with some of the decisions made. In addition to this, I would also like to make a point regarding the magistrate courts. In England, the judges in the magistrate are made up of people that come from the community, since these people come from the community, they can relate to the issues of majority and minority and that creates a chance for a well-rounded decision. In conclusion I am of the view that Judges should be given the power to scrutinize, not override legislation if it conflicts with rights in the bill of rights. [1]A Weale, Democracy (2nd edn, Basingstoke, Palgrave, 2007) p14 [2] Ronald Dworkin, FREEDOMS LAW: THE MORAL READING OF THE AMERICAN CONSTITUTION, (Oxford University Press, 1996) p7 [3]  Ãƒâ€šÃ‚   Ronald Dworkin, FREEDOMS LAW: THE MORAL READING OF THE AMERICAN CONSTITUTION, (Oxford University Press, 1996) [4] Ibid p2 [5] Ibid p2 [6] Ibid p2 [7] Ibid p15 [8] Ibid p15-16 [9] Ibid p15-16 [10] Ibid p16 [11] Ibid p16 [12] Ibid p17 [13] Ibid p17 [14] Ibid p17 [15] Ibid p17 [16] Ibid p17 [17] Ibid p19 [18] Ibid p19 [19] Ibid p20 [20] Ibid p17 [21] Ibid p24 [22] Ibid p24 [23] Ibid p24 [24] Ibid p29 [25] Ibid p29 [26] Ibid p30 [27] Jeremy Waldron, THE CORE OF THE CASE AGAINST JUDICIAL REVIEW (2006) 115 Yale L J 1346 [28] Jeremy Waldron, THE CORE OF THE CASE AGAINST JUDICIAL REVIEW (2006) 115 Yale L J 1346 p5 [29] Ibid p5 [30] Ibid p5 [31] Ibid p7 [32] Ibid p14 [33] Ibid p14 [34] Ibid p14 [35] Ibid p15 [36] Ibid p23 [37] Ibid p23 [38] Ibid p15 [39] Ibid p15 [40] Ibid p18 [41] Ibid p18 [42] Ibid p18 [43] Ibid p18 [44] Ibid p18 [45] Ibid p19 [46] Ibid p19 [47] Ibid p19 [48] Ibid p19 [49] Ibid p19 [50] Ibid p20 [51] Ibid p20 [52] Ibid p20 [53] Ibid p21 [54] Ibid p21 [55] Ibid p21 [56] Ibid p21 [57] Ibid p20 [58] Roe v. Wade, 410 U.S. 113 (1973) [59] Ibid p21

Leadership Theories and Concepts

Evolution of leadership theories 1) The Great man Theory (Trait Theories) These were basis of leadership research until 1940’s. The great man theory from Aristoteham philosophy asserts that some people are born to lead whereas others are born to be led. Trait theory(ies) assume that some people have certain characteristics or personality trait that make them better leaders than others. (refer to traits as stipulated by Bass (notes) Behavioral Theories During human relations era, many behavioural and social scientists studying management also studied leadership.Emphasis was on what the leader did – leaders style of leadership (Lewin 1951) and White & LippiH (1960) came up with leadership styles: i) Authoritarian ii) Democratic & leissez-faire Authoritarian leader is characterized by the following behaviours (refer previous notes also) i) Strong control is maintained over the work group. ii) Others are motivated by coercion. iii) Others are directed with commands. iv) Com munication flows downwards. v) Decision making does not involve others. vi) Emphasis is on difference in status (â€Å"I† and â€Å"you†). ii) Criticism is punitive (should be constructive) Productivity is high but creativity, self motivation and autonomy are reduced. Authoritarian leadership is useful in crisis situations and frequently found in large bureaucrasis such as Armed Forces. Democratic leader exhibits the following behaviours * Less control is maintained. * Economic and ego awards are used to motivate. * Others are directed thorough suggestions and guidance. * Communication flows up and down. * Decision making involves others. * Emphasis is on â€Å"we† rather than â€Å"I† and â€Å"you†. * Criticism is constructive.Because many people have to be consulted it takes time and therefore frustrating to these who wants modified. Leissez-Fair Leader * Is permissive with little or no control. * Motivate by support when requested by the group or individuals. * Provides little or no direction. * Uses upward and downward communication – members of group. * Places emphasis on the group and does not criticize. * Leissezfare leadership is appropriate when problems are poorly defined and brainstorming is needed to generate alternative solutions. Situational & Contingency Leadership Theories:No one leadership style is ideal for every situation Situational Theories: Leaders are product of a given situation. It supports the follower theory which states that people will follow people who they see as means of accomplishing their personal ends. Contingency Theory .The theory urgues that leaders must alter their style in a manner consistent with the aspects of the context Combines traits and situation. People become leaders because of their responsibility and situational factors. * Leader subordinate relationship (a leader/people to lead). The extent to which the leader is liked, trusted and respected by followers. * The task structure, whether jobs are structured and clarified. The position power and degree of influence a leader has over the group e. g. hire or fire, discipline promotes rewards and 1. Blake and Moutonris managerial grid 9 roles of managerial gnd). The managerial grid Five leadership styles are plotted in four quadrants of a two dimensional grid. The grid depicts various degrees of leader 1. Impoverished – Low concern for both production and people. 2. Authority compliance – high concern for production and low concern for people. . Middle of the road – moderate concern for production and people. 4. Country club – High concern for people and low concern for production. 5. Team – High concern for both production and people. MANAGERIAL GRID 91. 9 Country club9. 9 Team 8 Concern for people 7 6 55. 5 Middle of the road 4 3 2 1 1. 1 Impoverished9. 1 Authority Compliance 0123456789 Concern for production Continuum of leadership behavior Leadership is depicted as occurring along a continuum. It focuses on decision making styles of managers let and continuum – reflects a manager’s centred style.Managers are autocratic and directive and simply makes and announces decisions. At the right end, managers are employee centred. They use a laissez-faire style and permit employees to set their own goals and function within established parameters. NB: No leadership style is appropriate/correct for every management situation. Manager centred leadershipEmployee centred leadership Use of Authority by The manager Area of freedom for employees * incentives. Contemporary Theories of Leadership i) Schein (1970) – Systems Theory. SYSTEM 4 MANAGEMENT Developed by Likert.It is based on the premise that involving employees in decisions about work is central to effective leadership. It has four dimensions based on increasing levels of employee’s involvement. 1. Autocratic leaders – have little trust in employees and exclude th em in decision making. 2. Benevolent leaders – Are kind to employees but still do not involve them in decision making. 3. Consultative leaders – Seek employee’s advice about decisions. 4. Participative or democratic leaders – they value employees involvement, team work and team building.They also have high levels of confidence in employees and seek consensus in decision making. Transformational Leadership Burns (1978) suggested that both leaders and followers have the ability to raise each other to higher levels of motivation and morality. He identified this concept as transformational leadership. He maintained that there are two types of leaders in management. 1. The traditional manager, concerned with the day to day operations was termed as Transactional Leader. 2. The manager who is committed, has a vision and is able to empower others with this vision was termed as Transformational leader.Differences between the two: Transactional LeaderTransformation al Leader * Focuses on management tasks. – Identifies common values. * Is caretaker (takes care of tasks. – Is committed (extra mile). * Uses tradeoffs to meet goals. – Inspires others with vision. * Shared values not identified. – Has longterm vision. * Examiner causes. – Looks at effects. * Uses contingency rewards. – Empowers others. Vision is the essence of transformational leadership. Vision implies the ability to picture some future state and describe it to others so they will begin to share the dream.Wolf and colleagues (1994) defined transformational leadership as an interactive relationship based on trust that positively impacts both the leader and the follower. * The purposes of the leader and follower become focused, crating unity, wholeness and collective purpose. Transformational leaders are able to crate change because of their futuristic focus, values, creativity and innovations. * They value organizational culture and values strongly perpetuating these some values and behaviours in their staff. â€Å"Visioning is the mark of transformational leader; visionary leadership allows nurses to create a picture of an ideal future.In sharing these visions the transformational leader empowers staff to find a common ground and a sense of connection. Transformational leaders do the following to achieve results: i. Involve stakeholders (including staff) from the outset when change occurs. ii. Focus on the quality of service. iii. Use non-hierarchical teams with devolved leadership. iv. Create supportive and informal culture. v. Implement successful change leadership. Important concepts in leading/directing Supervision (overseeing) Supervision is another leadership behavior.It includes inspecting another’s work, evaluating his/her performance and approving or correcting performance. Good supervision is facilitative because a good supervisor inspects work in progress and can remedy inadequate performance befor e serious consequences develop. The intensity of supervision should match situational requirements, employees needs and managers leadership skills. Supervision must be appropriate in type and intensity for work groups members to interact effectively e. g. technical nurses need closer supervision than professional nurses. Intensity of supervision should also depend on manger-caregiver ration.A manager can effectively supervise a large number of subordinates when they are confined in a small area, perform similar jobs and are fairly educated. The purpose of supervision is to inspect, evaluate and improve worker performance. Therefore a criteria is needed for judging the quality of work processes and outcomes. Job description and associated performance standards provide such evaluation criteria. The following performance elements should be appraised. 1. Quantity of work output 2. Quality of output 3. Time use 4. Conservation of resources 5. Assistance to co-workers 6. Support of admini strators Co-ordinationThis is another leadership activity. It includes all activities that enable work group members to work together harmoniously. Co-ordination ensures that everything that needs to be done is done and that no two people are doing the same thing (or duplication of activity). Coordinating means: 1. Distributing authority 2. Providing channels of communication 3. Arranging work so that the * Right things are done. * At the right time * In the right place * In the right way * By the right people The overall results of coordination should be orderly work, harmonious, efficient and successful activities CommunicationManagement is working through others in order to achieve organizational goals. Therefore a manager must be able to communicate ideas, opinions, requests and directions effectively to co-workers. Effective communications consist of transmitting an accurate message to the proper recipients at the appropriate time in a manner that conserves the senders and rece ivers energy, followed by checking that the intended message was received. Communication can therefore be defined as the exchange of information or understanding between a sender (source) and a receiver (audience).It includes verbal and non verbal through which meaning is conveyed to others. Silence is also considered as communication since it can also convey a meaning. The process involves a message which is encoded and transmitted through some medium to a receiver who decodes the message and then a feedback to the sender. Communication model: Methods of communication (channels) Receiver Sender Message Feedback Giving feedback indicates understanding of the message; hence there is effective two way communication which is necessary for effective management: ORGANIZATION COMMUNICATION: (give a handout)Formal channels of communication: Those are the official paths prescribed by the management which generally follow the organizational chain of command: information may be communicated i n several ways: a. Downward communication b. Upward communication c. Horizontal communication Downward communication: The information flows down the organizational hierarchy from managers to subordinates and the objectives of this four of communication is: * To give directives. The staff is told what needs to be done or given information to facilitate the job to be done e. g. procedure guidelines. Upward Communication:Occurs from staff to management or from lower management to middle or upper management. It mainly involves reporting pertinent information to facilitate problem solving and decision making. It reveals problem areas, indicates status of worker ‘s morale and makes workers feel part of the organization. Horizontal communication: This is routinely achieved through committees or teams e. g. Outpatient management teams, clerical teams. Committees provide a mechanism for representatives of different organizational units at similar levels to discuss common problems and p otential problems face to face.This is time consuming, expensive and their decisions are often compromises that may represent ineffectual solution. Lateral Communication: Occurs between individuals or departments at the same hierarchical level (e. g. nurse managers). Diagonal Communication: Involves individuals or departments at different hierarchical levels (staff nurse to chief of medical staff). Both lateral and diagonal communication involves information sharing, discussion and negotiation. Informal Communication: An informal channel seen in organization is the grapevine (i. e. rumours and gossips).This is often rapid, haphazard and prone to distortion. Managers can control negative aspects of the grapevine by communicating accurately, timely information, by maintaining and activating open channels of communication in all directions and by moving quickly to correct inaccurate information. BARRIERS OF COMMUNICATION 1. Environmental Barriers: (Noise, Attention, Time) a. Noise â₠¬â€œ Can cause misunderstanding since it makes it difficult for one to hear. b. Attention – Multiple and Simultaneous demands on the sender may cause the message content to be packaged inappropriately (phone, signing documents). c.Time – If less, the sender may have little opportunity to completely think through structure the message to be conveyed, while to the receiver there is inadequate opportunity to ascertain its meaning. 2. Philosophy, Levels, Power Status a. Philosophy – an organization that is not interested in promoting communication upward or downward will certainly establish procedural and organizational blockages. E. g. inaccessibility to superiors, lack of interest in employees, insufficient time to receive information, retard communication flow, lack of action with regard to complaints, ideas, and problems tend to discourage flow of information.Multiple levels in an organization hierarchy tend to cause message distortion. b. Levels: When multiple links exists in the communication chain information will be rearranged as it is transmitted to other receivers. c. Power status relationship: This can also distort or inhibit transmission of message. A discordant superior-subordinate relationship can dampen the flow and content of information. In health organizations it is quite common e. g. patients may not question the doctor or a very experienced nurse may not tell a doctor that the treatment is wrong! d.Terminology and Complexity of the message: Words mean specific things to those who are familiar with them and tend to minimize misunderstanding vice versa. Complexity of message with terminology that may be unfamiliar to the receiver will obviously lead to misunderstanding of the message. COMMUNICATION IN GROUPS / TEAMS A GROUP:- A group is an aggregate of individual who interact and mutually influence each other. We have two types of Groups Formal Groups These are clusters of individuals designated by an organization to perform specified organ tasks. Taskforces, committees teams e. injection control team. Informal Groups Groups that evolve from social interactions that are not defined by an organizational structure. e. g People who take levels together who convince sponeneously to discuss a clinical dilemma. A. Teams Teams are real groups in which individuals must work co0operatively with other in order to achieve some goals. They demonstrate healthy interdependence. A team is composed of a small number of people with complementary skills who are committed to a common purpose, set of performance goals and approach for which they held themselves mutually accountable.Teams have commend or line authonty to perform tasks and membership is based on the specific skills required to accomplish the task. Phases of GROUP AND formation Concepts/ leaves develop in the following phases 1. Forming 2. Storming 3. Norming 4. Performing 5. Adjourning 1. Forming This is the initial stage of group development in which indivi dual members assemble into a well defined cluster ( members get to know each other, and very cautions. 2. Storming The second stage of group department, in which group members develop ** and relationship; competition and conflict generally occur. . Norming 3rd stage of Group development. The Group defines its goals and rules of behavior. They define acceptable and unacceptable behavior attitudes. They define acceptable and unacceptable behavior attitudes ** develops. 4. performing (4th stage) The members agree on basic purposes and activities and came out the work. Cooperation improves and emotional issues subside. Members communicate effectively and interact in a relaxed atmosphere of sharing. 5. Adjourning This is the final stage of group development, in which a group dissolves after achieving its objectives.Team building/ team development. This is a group development technique that focuses on task and relationship aspects of group functioning in order to build team cohesiveness. Team building involves a) Gathering data through individual interviews, questioners and or group meetings a benefit the team and its functioning. b) Digressing the team strengths and arcsine need of development. c) Helding semi- structural retreat sessions usually ducted by an experienced facilitator aimed at addressing priority team problem. Characteristics of effective teams 1. Clear objectives and agreed goals . Openness and confrontation 3. Support and trust 4. Co-operation and conflict 5. Sound procedures 6. Appropriate leadership 7. Regular review 8. Individual development 9. Sound intergroup relations Communicating in Groups Characteristics of Groups 1) Norms: These are informal rule sin behaviour shared and enforced by group members e. g Time keeping, changing of shifts. Roles A role is a set of expected behaviors that fit together into a unified whole and are characteristic of persons in a given context. Roles commonly seen in groups can be classified as auther; Task RolesN urturing roles or social emotional roles Individuals performing task roles attempt to keep group focused on its goals. STATUS This is a social ranking of individual relative to others in a group based on the position they occupy. Status comes from factors the group values such as achievement, personal characteristics the ability to control rewards or the ability to control information. Higher status members often exercise more influence in group decisions than others. In Summary Communication is influenced by the status and roles of the individuals who dominate team discussions. e. High – status members who are fulfilling key roles in relation to a teams priorities are likely to exercise considerable control over communication in the group by determining topics, setting the tone of the discussions and influencing how decisions are made. Communicating with others in the clinical setting 1. Communicating with supervisions Communicate with supervision to develop a good working r elationship. 1. Always observe professional courtesy. 2. incase of any problem, follow the policy and procedure of the organization 3. If not an emergency, request for an appointment, to discuss the problem further.This demonstrates right time and place. 4. State the concern clearly and accurately. 5. Provide supporting evidence 6. State a willingness to co-operate in finding the solution. 7. Match behaviors to words. Communicating with co-workers * To collectively provide quality patients care, nurses depend on co-workers and this requires effective communication. * Do unto others as you wound have them do into you * Your perspective should be that all members of the team are important to successfully realize quality patient care. * Appreciate others for work well done * Offer constructive feedback Be open to the possibility that coworkers especially those with experience have some wisdom to share with you. Communicating with others practitioners * Always introduce yourself to othe r practitioners. ( or if you are the manager, introduce new gradates. Students to other practitioners) * Be honest and up front. Ask something that you are not aware off. * Show respect and consideration for other practitioners you work with ( But don’t be a dormant) * Present information in a straight forward manner, clearly delineating the problem supported by pertinent evidence. Document well especially if the expected actions were not done in the incident book. MOTIVATION Motivation describes the factors that initiate and direct behavior. Therefore a nurse manager’s most important leadership task is to maximize subordinates work motivation because employees bring to the organization different needs and goals, the type and intensity of motivators vary among employees. Therefore the nurse manager must know which needs the employee expects to satisfy through employment and should be able to predict, which needs will be satisfied through the job duties of each nursing position.Importance of Motivation Motivation is a very important for an organization because of the following benefits it provides:- 1. Puts human resources into action Every concern requires physical, financial and human resources to accomplish the goals. It is through motivation that the human resources can be utilized by making full use of it. This can be done by building willingness in employees to work. This will help the enterprise in securing best possible utilization of resources. 2. Improves level of efficiency of employees The level of a subordinate or a employee does not only depend upon his qualifications and abilities.For getting best of his work performance, the gap between ability and willingness has to be filled which helps in improving the level of performance of subordinates. This will result into- a. Increase in productivity, b. Reducing cost of operations, and c. Improving overall efficiency. 3. Leads to achievement of organizational goals The goals of an enterpr ise can be achieved only when the following factors take place :- d. There is best possible utilization of resources, e. There is a co-operative work environment, f. The employees are goal-directed and they act in a purposive manner, g.Goals can be achieved if co-ordination and co-operation takes place simultaneously which can be effectively done through motivation. 4. Builds friendly relationship Motivation is an important factor which brings employees satisfaction. This can be done by keeping into mind and framing an incentive plan for the benefit of the employees. This could initiate the following things: h. Monetary and non-monetary incentives, i. Promotion opportunities for employees, j. Disincentives for inefficient employees. In order to build a cordial, friendly atmosphere in a concern, the above steps should be taken by a manager.This would help in: a. Effective co-operation which brings stability, b. Industrial dispute and unrest in employees will reduce, c. The employees will be adaptable to the changes and there will be no resistance to the change, d. This will help in providing a smooth and sound concern in which individual interests will coincide with the organizational interests, e. This will result in profit maximization through increased productivity. 1. Leads to stability of work force Stability of workforce is very important from the point of view of reputation and goodwill of a concern.The employees can remain loyal to the enterprise only when they have a feeling of participation in the management. The skills and efficiency of employees will always be of advantage to employees as well as employees. This will lead to a good public image in the market which will attract competent and qualified people into a concern. As it is said, â€Å"Old is gold† which suffices with the role of motivation here, the older the people, more the experience and their adjustment into a concern which can be of benefit to the enterprise. From the above disc ussion, we can say that otivation is an internal feeling which can be understood only by manager since he is in close contact with the employees. Needs, wants and desires are inter-related and they are the driving force to act. These needs can be understood by the manager and he can frame motivation plans accordingly. We can say that motivation therefore is a continuous process since motivation process is based on needs which are unlimited. The process has to be continued throughout. We can summarize by saying that motivation is important both to an individual and a business. Motivation is important to an individual as: 1.Motivation will help him achieve his personal goals. 2. If an individual is motivated, he will have job satisfaction. 3. Motivation will help in self-development of individual. 4. An individual would always gain by working with a dynamic team. Similarly, motivation is important to a business as: 1. The more motivated the employees are, the more empowered the team i s. 2. The more is the team work and individual employee contribution, more profitable and successful is the business. 3. During period of amendments, there will be more adaptability and creativity. 4.Motivation will lead to an optimistic and challenging attitude at work place. Motivational theories (REFER TO NOTES ON NEOCLASSICAL THEORISTS) Motivational theories were concerned with three things: a. What mobilizes or energizes human behavior. b. What directs behavior towards the accomplishment of some objectives. c. How such behavior is sustained over-time. Motivation theorists 1. Maslow Hierarchy of needs (5). 2. Alderfer – 3 need levels: Existence, relatedness, growth theories. 3. Herzbergs two factor theory 4. Skirine’s reinforcement theory – behavior modification (behavior becomes associated with a particular consequence.Consequences may be positive or negative. A positive reinforces reward, a negative reinforces like punishment. 5. Vrooms expectancy theory à ¢â‚¬â€œ emphasizes the role of rewards and this relationship to the performance of desired behavior. 6. Adams (equity theory) – the motivational theory that suggests that effort and job satisfaction depend on the degree of equity or 7. Goal Theory (locke). 8. Equity – the perception that one’s work contribution is rewarded in the same proportion that another person’s contribution is reward.

Gender Essay

The history of gender and American policy is one crafted and based on historical events and changes in the men’s and societies’ view of women, especially as regards their roles in influencing policy change’s and implementation. According to scholars women roles for the past two centuries have improved remarkably if current events are to go by. Apparently, the study of gender as regards American foreign policy is a completely new aspect which has metamorphosed over the ages to became a crucial and significant approach of analyzing America’s foreign policies as regards, contribution to war, politics, economics and culture. In essence gender studies indicate the expectations, that the society holds to the different genders and the roles each group play. Dating back to the biblical times, the issue of gender and more so gender imbalance having been predominant in our society is, one coined on the society’s understanding and expectation of the male and female members of the society. It’s upon this that women over the ages have found themselves, marooned and dominated by men in major policies that have affected the society especially as regards warfare, diplomacy and violence. From ancient Greek, Roman, Babylonian empires, women have often being regarded as a weak gender compared to men, this has quite often led to maltreatment and abuse of women by the dominant male specie Braudy states â€Å"certainly the tradition of allying weakness with women and strength with men is a long one† (328). Its upon this conceptual thought that women have been destined, to play if any, a minimal role in matters of war. However it’s the statement of scholars and historians that though regarded as a marginalized group and less often actively involved in war, women â€Å"occupy a privileged place as an alternative source of national moral strength† (Braudy 328). In essence a good woman was always portrayed as pliant, submissive and subordinate. Thus the concept of gender imbalance has been with us for long, this was especially portrayed by the remarks and views held by male and society as regards women. For instance some scholars portrayed them as a â€Å"savagery within civilization† and as Braudy, states a â€Å"source of both fascination and disgust† (328). This is vehemently expressed by the 19th century view of women menstruation as a wound. However scholars do agree that progress has been witnessed over the ages as regards women role in society as research show that women have tremendously established themselves as a dominant force in society though, they still lack behind in a world where war, politics, economics, diplomacy issues are dominated by male. It’s thus upon this views that women remain less actively involved in war. According to scholars women have partly participated in wars and hence as history shows wars have been attributed to men. So is war a man’s affair. War and especially violence was, and still continues, to be a man’s affair in that men have always been attributed to intolerance and aggressive behavior, which is replicated in the art of war. Barash, states â€Å"if we could eliminate or even significantly reduce male violence we would pretty much get rid of violence† (1). For ages the art of war has been and still is dominated by men. For instance looking back at past war events ,its difficult to find any war which might have been instigated by a woman, on the contrary men have been responsible for all major wars and even violence related incidents in the society including genocide and homicide. Experts thus postulate that, war is a man’s affair in which men seek to dominate others, by the crudest of ways. It’s a concept that has been among the male species. The ancient warriors thus were taught to be strong and vicious, going contrally to that was risking ones sexuality in the sense that one would be braded as an â€Å"effeminate† a term often used to refer to men who were weak and coward. Thus it’s an agreed fact that a true warrior or man was identified on his possession of power attributed to ones manhood. Thus in order to show the effect of gender as regards war the male dominated societies used the most atrocious and ridiculous way such as castrating, homosexuality, masturbation and circumcision to humiliate individuals , thought to be weak, a trait that was attributed and reminisce of the women. This was done to portray other men as having qualities akin to women as demonstrated by the act of penetration. For instance during the ancient times homosexuality was used to render punishment on the male enemies. Sodomizing war captives was cogently used by Babylonians. Also studies indicate that war captives were treated on the basis of their gender in that women were raped, children enslaved while the males were subsequently killed and humiliated, in one incidence they were forced to masturbate while get the erect before being sodomized. This according to Trexler proofed to â€Å"show linkage between gender and humiliation in war fare† (20). By castrating the others scholars do ascertain that it was to be â€Å"a basic element in man’s fighting instincts. †(Trexler 19). To crowns it all, this acts were often instigated against other men in order to prove ones superiority over the others. Castrating and cutting the enemies manhood became a way of showing how the enemy had been subdued. This is depicted by the ancient Jewish society where warriors would cut their enemies private parts and foreskins to present to kings as a show of victory in war. In modern society violence and war is overwhelmingly dominated by male, for instance according to a researcher conducted in America, over 90% of homicide cases in America have been perpetrated by men. Moreover a great number of men are enlisted in the national army. What makes it more interesting is how terrorist groups are predominantly male established . In essence any where there is violence and war man is. It has thus been concluded that war is the art of man, as depicted by the studies of ancient history of warfare and current affairs. Barash cogently states that â€Å"what can be called killing establishment, soldiers, executioners, hunters, even slaughters is overwhelmingly male†(1). he concept of war and gender can thus be summarized as follows; war is a mans affair, violence and war is something that men direct at each other, men are the instigators and subsequently victims of their acts of violence, women are the victims of men’s warfare but not partakers or instigators and finally when people are murdered and slaughtered as in case of genocides and war, men are always the culprits. Religion and war According to Merriam-Webster Online Dictionary religion re fers to a personal set or institutionalized set of religious beliefs, attitudes and practices. In that point, the debate over whether religion is responsible for the many wars witnessed in the history of mankind has continued to rage with both critics and proponents ascertaining their views and subsequently providing proofs to justify and authenticate their claims. Before understanding this issues it’s important thus to define war. According to Merriam –Webster online dictionary war is thus a state characterized by hostility, conflict, or antagonism Thus the concept of intermarriage between religion and war and especially its contribution to war, its one which has found favour in the ideologies of atheist and scientist as such. So does religion cause wars? Religion has been the greatest threat to mankind and thus it’s been the cause of many bloody confrontations. Charles Kimball, states â€Å"It is somewhat trite, but nevertheless sadly true, to say that more wars have been waged, more people killed, and these days more evil perpetrated in the name of religion than by any other institutional force in human history. †(1) This has often led to some critics of religion pointing that, if man is to live peacefully then religion should be scraped or rather the belief in God should be descanted. Timothy Fitzgerald quips that; â€Å"religion should be regarded as a form of mystification and scrapped† (26). The contemporary attitude on religious contribution to war arises due to a number of factors or rather reason that is religious conflicts, religious wars, religious ideologies based on teachings of some religions and modern fundamentalism attributed to different religious groups. It’s the statement of scholars that the history of religions contribution to war in modern world and as regards organized religions is to be traced to the Roman Catholic which was responsible for some of the greatest conflicts in history of mankind. During the dark reign of the Catholic Church in Europe many people were slaughtered and mercilessly killed due to their beliefs. According to Hitcher, the church has a history responsibility for the crusades, persecution of Catholics, Jews and deserters (17). Thus the Roman Catholic Church which represents Christianity is accountable for grave atrocities that culminated in the murder, persecution of millions of people based on its principle of heresy. It’s been the overwhelming statement and consensus of scholars that the blood birth witnessed during the dark reign of the church by far surpassed the jihads. Also the pope at the time is believed to have contributed tremendously in influencing major wars at the time. On another point, historians ascertain that, the competition for support and the fundamental believe that one religion is superior than the other has fueled animosity between religious groups, often leading to bloody confrontations that have often led to war. Moore in describing about this competition states â€Å"it had to be cruel in the general sense that any group identity is liable to be formed in hostile competition† (29). Its was this religious dreams of superiority that led to the Islamic conquest and expansion during the 18th century ,at that time, its estimated that millions of people were killed and others taken as slaves. This competition among religious groups has often led to war between the different opposing religions. For instance according to Price most of the greatest conflicts such as the Northern Ireland, Bosnia, Iraq and even 9/11 attack are as a result of religious differences. These facts are clearly demonstrated in the crusades that were responsible for fighting the spread of Islam in Europe . during this time the pope coined what was termed as â€Å"just war†. Thus it was believed that some wars were justifiable especially if it entailed safeguarding the very cores of the religion. On their part the Muslim desire for expansion was characterized by forced conversion through war commonly referred to as Jihad. What has come to be the greatest threat to mankind in this century it’s also attributed to religious fundamentalism . Following the aftermath of the 9/11, the world witnessed the rise of terrorism ,a new tool used by Muslim fanatics and which is based on Islamic fundamentalism though the 9/11 event has been regarded by some as not influenced by Islamic fundermentalism,the facts point to the contrary . For instance the known mastermind of the attack and the leader of Alquieda, Osama Bin Laden ,in his speech calling for the murder of citizens in western countries attributed his action to Islam and more so the holy book Koran. These proofs to show that despite the denials by some Islamic leaders, the calls of Osama seek to justify the views held by majority of the Islamic community. The Muslim have also used the word â€Å"Crusade† to describe the policy of western countries especially America to occupy Islamic states. This is a symbolic meaning to the crusades, organized to counter Islamic conquest during the 18th century. It’s thus the belief of scholars, that the Islamic fundamentalism is based on religious beliefs of Islamic faith though some Islamic scholars do oppose these beliefs. Scholars have thus argued that the terrorist attack on America that killed innocent civilians could not have happened if not for religious believes. The Palestinian and Jewish conflict has been continuing for long, this conflict has often led to bloody confrontation between the two groups. According to scholars this conflicts is the brain child of religious fundamentalism based on Islam and Judaism. Thus critics do argue that the history of enmity between this two religious groups, bases its root on hard core ideologies attributed to the groups religious affiliations, thus as long as the groups seek to identify themselves on religious background, it will be hard to tackle has been their for long hence as long as each group seeks to identify the other in terms of religious background, it will be hard to tackle. This conflict has led to the extend of isolating the Jewish state of Israel from the rest of Middle East countries with calls by some Muslim fanatics and religious leaders for the murder of Jewish citizens. It’s thus the statement of historians that the Yom Kippur war between Israel and other Arab countries was as result of religious differences. Thus critic’s quip that religion has led to nations forming alliances on bases of religious believes, thus leading to conflicts which have led to emergence of hardcore ideologies and conflicts across the world. It has also been said that, religion has been instrumental in influencing wars in Europe. for instance the French religious wars are attributed to religion , Holt, says â€Å"the French civil wars which began with the massacre at vassy in 1562 and concluded with peace of the alass 1629 was a conflict of religion†(56) Different religions also have been known to encourage war of such is the Buddhism religion in which the tales of Bhagavad-Gita are based on war and made to justify war as an act of self protection, in its case Judaism and especially the old testament depicted war as necessary in order to defend the convictions of their teaching, in the bible the Israelites who believe that they are Gods children and the chosen ones called on God to fight for their course According to some studies conducted it has further been established that some individuals use religion in order to advance their political ambitions ,for instance , having used Jews and Judaism as a ladder to ascend to political power Hitler gained the channel he so much needed to murder 6 million Jews, in our modern society prominent personalities and politician have been known to make grievous remarks based on religious conviction, the calling by Iranian president for complete annihilation of the state of Israel and calling of Musl ims to unite against Judaism that stands for the Jewish state of Israel is a sure way of describing how religion has been used to sphere head murder of innocent civilians. A true religious individual thus does not advocate for violence. Thus according to proponents of religion it has subsequently been ascertained that the absence of religion in the modern nations especially communist did not deter their leaders such as Stalin from leading any less violently.  Despite the growing claims that religion causes war, proponents and researchers have criticized, this claims by ascertaining that religion and especially organized religions are peaceful the teachings of most religion call for peaceful existence of individuals, this is depicted by the teachings of individuals who have been ardent followers of their respective religions. According to martin Luther king Jr, the knowledge of God brings inner peace, in his teaching also he advocated for tolerance and use of non violence. Also Gandhi one of the staunchest supporter and believer of Buddhism advocated for the use of non violence (ahisma) in his philosophies which have become instrumental in influencing the thoughts and ideas of modern leaders.

Women’S Health Issues Require Separate And Unique Attention

Women’s health issues require separate and unique attention from the medical world. Women represent the transition that society is also facing in regard to economics, health and wellness issues. ‘Healthy mind does, indeed produce a healthy body’. While, women are suffering from various health issues from past. Although, men and women share many health concerns. Women health issues include conditions that only effect women anatomy such as from child birth, pregnancy, menstruation till menopause. These issues can cause problems to the next generation as well. This paper will explore the various health issues to the women by looking specifically at the unique concerns to the women such as women’s mental health, breast cancer and gestational†¦show more content†¦Some of these are because of the depression and anxiety that women have to go through with the start of their puberty stage (Russo, 2008). Women experience symptoms of psychological discomfort at the time of hormonal change in their body such as prenatal depression. The pregnancy changes the hormones that affect the chemical level in the women’s brain which directly related to depression and anxiety (Russo, 2008). The symptoms can be persistent sadness, difficulty concentration, sleeping too less or too much, change in eating habits and many others. These can be dangerous for both mother and baby (Russo, 2008). The another one is Premenstrual Dysphoric Disorder (PMDD) which is considered to be the severe form of Premenstrual Syndrome (PMS). Both of these occur most commonly in the days proceeding the second half of women’s menstrual cycle (Russo, 2008). The symptoms of these disorders could be bloating headaches, joint pains, fatigue, panic attacks, irritability, trouble sleeping and many others (Russo, 2008). According to the American college of Obstetricians and gynaecologist estimates that at least 85 percent of menstruating women have at least one PMS sy mptom as a part of their monthly cycle (Russo, 2008). According to WHO â€Å"depressive disorders account for close to 41.9 percent of the disability from neuropsychiatric disorders among compared to 29.3 percent of among men†Show MoreRelatedMexico Border Essay1661 Words   |  7 Pagesborder1 face unique health issues and disparities than their northern and southern residing counterparts. Access to health care is a great health determiner for the many foreign-born residents living in the United States, especially for undocumented immigrants2. The topic to be addressed in this review will include current health issues and accessibility of care for the people living along the US – Mexico border. 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