Saturday, December 28, 2019
Friday, December 20, 2019
Citizenship by Birthright Essay - 941 Words
Citizenship by Birthright According to the Council on Foreign Relations, birthright citizenship ââ¬Å"grants citizenship to everyone born in the United States regardless of their parents statusâ⬠(Rawlins, 2011). While this seems to be in-line with the fourteenth amendment which states ââ¬Å"all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they resideâ⬠(Congress, 1866), the true intention of this part of the constitution is hotly debated, particularly in light of the current economic downfall in the United States. With that said it may behoove constituents to look into the real costs versus benefits of birthright citizenship and what effectâ⬠¦show more contentâ⬠¦To spearhead the resulting economic impact of supporting the non-taxpaying immigrants, Mr. Graham supports a new initiative to first grant legal citizenship to millions of people already residing in the United States illegall y and then modify the amendment to reduce illegal immigration overall. The Birthright Citizenship Act of 2011 (H.R.140), was introduced to congress on January 4th, 2011 by United States Representative Steve King of Iowa. In short, this bill strives to put an end to birthright citizenship for those born to undocumented immigrants, alleviating the related economic burden. However, the bill would still allow children born to at least one United States Citizen, legal resident, or member of the military to be declared citizenship, protecting children of those parents who have followed the law appropriately. American residents seem to be showing support for this bill, as documented in a telephone poll conducted by Rasmussen Reports (Waddington, 2011). The results of the survey showed that only 28% of Americans believe birthright citizenship should be automatic for those born to illegal immigrants. Mr. King viewed this response as an overarching desire from the American public to secure borders and to start utilizing the fourteenth amendment in a differen t manner. So, what is the real cost of birthright citizenship? According to John Freere, Legal Policy Analyst at the Center forShow MoreRelatedBirthright of Citizenship702 Words à |à 3 PagesThe Birthright Citizenship Amendment is one that has caused controversy. Should à a person that is à born in the US, regardless of whether the parents were here temporarily, or illegally be considered an American citizen? The 14th Amendment states ââ¬Å"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they resideâ⬠, ( Spalding, 2010). The interpretation of this amendment has caused the controversy. Read MoreBirthright Citizenship Essay741 Words à |à 3 Pagesthey really are. They are Sikes. No matter how hard they try to be Nikes, they will always be Sikes. You can cover the `S with an `N but can you ever really replace the `S? No, you can not, so why should an illegal immigrant gain American citizenship rights just because they were born in America? In 1868, the United States of Americas Congress adopted the 14th Amendment to the Constitution stating that, All persons born or naturalized in the United States, and subject to the jurisdictionRead MoreArgument Against Birthright Citizenship : Chain Migration1485 Words à |à 6 Pages Arguments Against Birthright Citizenship: Chain Migration One major point policymakers argue against birthright citizenship is the fact that it incentivizes illegal immigration and can lead to a never ending series of chain migration. Chain migration occurs when the child can sponsor their parents and apply for their legal citizenship in the United States. Once the child turns 18, they can sponsor a foreign spouse and unmarried children of his own. When they turn 21, they can sponsor their parentsRead MoreThe Issue Of Birthright Citizenship922 Words à |à 4 PagesThe question of birthright citizenship, can be one of Americaââ¬â¢s hotly debated topic; that is next to illegal immigration which it is married. ââ¬Å"Birthright Citizenshipâ⬠, addresses the children born outside the country of their parentââ¬â¢s legal residence, and this is not just an American issue. While this previous statement, does not specify state illegal immigration, which appears to be some of the debate of this issue, during political season this does become a talking point in political circles. TheRead MoreEssay on Immigration and Birthright Citizenship1003 Words à |à 5 PagesImmigration and Birthright Citizenship Many people feel the issue on immigration and birthright citizenship may have become a touchy subject. Some people argue that the undocumented citizens or illegal immigrants steal jobs away from rightful US citizens. Also people say that the undocumented citizens want to have a baby in the United States of America with the assumption they will grant US citizenship to them as a family. In certain states the police were allowed to stop anyone that theyRead MoreIllegal Aliens and Birthright Citizenship4368 Words à |à 18 PagesIllegal Aliens and Birthright Citizenship The United States Constitution is the supreme law of our great country. Found in our Constitution, is the fourteenth amendment. But, did the authors of the Fourteenth Amendment want or not want to grant citizenship to every person who happened to be born on U.S. soil? And does subject to the jurisdiction mean something different from born in the United States,? First, letââ¬â¢s see exactly what the fourteenth amendment states: ââ¬Å"All persons born or naturalizedRead MoreRethinking Birthright Citizenship Is Not A Matter Of Blood Or Birth1885 Words à |à 8 PagesRethinking Birthright Citizenship in the Unites States In his address to the country on immigration, President Obama said that ââ¬Å"being an American is not a matter of blood or birth.â⬠(2015, Klukowski), Would you agree? When you think of America and its constitutional rights afforded to all, itââ¬â¢s very likely that birthright citizenship (under the 14th amendment) is one of the rights that comes to mind- ââ¬Å"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, areRead MoreThe Debate Over Controversy : Turning Heads, White, And Blue Soil Of America897 Words à |à 4 Pageswhether or not to enhance the Citizenship Clause. Based on the 14th amendment, anyone, no matter what race, born on the proud red, white, and blue soil of America has the right to become a citizen of the United States, similar to the ââ¬Å"Birthright Citizenship Ruleâ⬠. The Citizenship Clause curtails the Birthright Citizenship in certain cases. For example, the offspring of diplomats, attacking soldiers, and specific Native American tribe donââ¬â¢t have the right to Birthright Citizenship Rule. However, how do weRead MoreEssay about I Am An American1673 Words à |à 7 PagesGovernment officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to ââ¬Å"redefineâ⬠what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born on the associated territory. Providing an individual with citizenship of any state or country means that one now hasRead MorePersuasive Essay On Birth Tourism1182 Words à |à 5 Pagesto gain citizenship. This is becoming an increasing problem in the United States. The 14th amendment allows for American born babies to gain citizenship in the country. Many immigrants are taking advantage of this amendment to gain citizenship for their child and then flee. Despite the benefits that the 14th amendment presents, I believe that it should be altered to reflect its true meaning and awarding citizenship to people who greatly deserve it The 14th amendment guarantees citizenship to every
Thursday, December 12, 2019
Communication Cocacola Company
Question: Discuss about the Communicationfor Cocacola Company. Answer: Introduction When it comes to achieving the goals of any business communication is important. With easy flow of information among the staff the set vision can be achieved with ease. Augment human capabilities are well facilitated through contemporary communication (Barry and Fulmer, p. 273). Just like any other business running a fizzy drink business requires one to embrace contemporary issues related to communication among staff and clients. When one has effective communication skills then their businesses are made to flourish in many ways. It ensures close ties with important stakeholders in the business like suppliers, retailers and consumers. It also provides room for opportunities which influence trends, perceptions and conversations. Effective communication ensures proper decision making and faster problem solving based on reliable information (Wood, p. 22). Use of social media to promote businesses has been embraced by many companies due to the ability to attract a great number of consumer s. Its the way to go for any person venturing into business in this 21st century. How Business Communication has Changed over the Last 20 years The business world has undergone great changes over the last 20 years. Some aspects of doing business have become radically different in todays world although some business practices have remained the same. For example, the way Coca-Cola Company markets its brands to its customers has just taken a new and different life of its own. This shift has resulted from changes in technology and the manner in which money is transacted in business. Changes in doing business have occurred in the following key areas with respect to Coca-Cola Company (Levitt, p. 94). Use of internet; in the last 20 years the widespread use of internet by the public was still in very early stages. In those years corporations were quickly vying to control the online market place. People were still trying to get over the idea behind creation of websites, using emails as well as learning of new ideas (Xiang and Gretzel, p. 179). In the early stages we had companies like face book, Amazon and Google emerging as the main central hubs of the modern commerce in the digital era. From then, social networking and bookmarking search engine optimization and many forms of digital traffic generation have grown tremendously. They have since existed as avenues of increasing volumes of internet based sales. Some affiliate programs such as email lists containing auto responders as well as blogosphere have equally emerged as appropriate ways of reaching out to masses. There have been an increasing number of online business transactions where the internet has realized billions in pro fits. Most business currently operate using company websites unlike the traditional ways of print advertisements (Bruhn, Schoenmueller and Schafer, p. 782). Use of POS System in Retail Businesses In the past 20 years most people had little or no experience with touch screen product access and making payments via mobile systems in the retail businesses. With time there has been the rise of modern Point of Sale (POS) systems which has come with a major optimization of sales volumes by the retailers. POS has made the running of retail businesses more cost effective and efficient by allowing customers to have direct access to onsite products as well as numerous payment options. Tracking and ordering invention has been revolutionized by the automation system which allows for the control of inventory measures. Mobile payment systems have also revolutionized business in the modern world (Munshi and McKie, p. 12). Crypto currencies; the most successful attempts in the revival of using crypto currency since its collapse in 1998, is the reinvention of payments via PayPal systems. The rise of Bit coin from 2008 has increased the online exchange of crypto currencies and these are viable forms of using currency to engage in business transactions in the current world. They are the safest unofficial mediums of money exchange in the less publicized private online markets (Xiang and Gretzel, p. 88). The app revolution; the first Smartphone series were realized in 1996 which was Nokia 9000 communicator. Currently the app driven commerce and Smartphone technology is at the heart of modern business. Some apps display company products while others provide payment methods for goods and services. Shoppers can also be able to do online comparison of products before settling on one. These changes have made consumers to be more savvy shoppers unlike 20 years ago. Challenges that businesses in the 21st century are facing with communication /negative effect of social media on business Marketing shift; this has become a burden since most businesses want to entirely rely on social media to reach their clientele but there is need for personal engagement with customers for one to realize success business success (Mulhern, p. 98). Increased customer power; before inception of social media the negative customer-company experiences could remain within an individual circle of friends but with the onset of social media communication a bad experience by a customer with any company can go viral within the shortest period of time possible on social media risking business losses. Tracking of negative or misleading statements; with social media communication its not easy to track negative statements about their brands (Vignali, p. 99). Accidental release of confidential information; this can be inadvertently done by individuals with inside knowledge of the company which may damage the companys competitive advantage. Before social media a letter that was sent to the wrong recipient could be retrieved and kept under wraps. Habits of unauthorized employees speaking on behalf of the company; this is because its very difficult for employers to monitor its employees social media activities and stop them from speaking on matters concerning the company without any authority (Snowden and Boone, p. 67). How changes in business communication have impacted the way that business is being done now People watch what they say; with changes in business communication business owners have to adapt to different races, cultures and even ones physical appearance. This is because their comments may not only be irrelevant but also plain and ignorant. To get the job done is the most important thing (Hanna, Rohm and Crittenden p. 266). Changes in communication skills; business owners should be prepared to write long mails, make updates on LinkedIn, make tweets, post on face book etc and this is because we are operating in a multimedia world and the message has to be communicated to customers wherever they are. One has to be on cal close to 24/7 and be mobile; out of office thing does not exist any more. One is expected to respond to mails, texts and even calls within minutes of receipt to keep up with the competitive world (Kim and Ko, p. 1482). Increased travel; even with social media communications customers still expect to meet the business owners one on one. This has even become more demanding than in the past with flights this has become easier, safer and cheaper ad in return increased customer base as one is able to meet many customers within short time intervals. Most business owners have become virtual and work from their homes unlike previously where one had to be in an office to have the business running. They have phone systems hosted and applications managed by someone else. Staff uses online collaboration tools to share files and a lot of information (Castronovo and Huang, p. 1). Getting work from different places; unlike 20 years ago when businesses were managed by telemarketers today business owners are getting leads online. Services such as Foursquare are being used by retailers and restaurants to attract new customers. All this is thanks to remote technologies. Less paper works and yet more people; checks are still being cut but not so many, paper invoices are no longer used by many businesses. People are archiving their documents online on platforms such as drop box and currently some businesses are moving to mobile e-signature system (Khang, Ki, and Ye, p. 279). Relying on people from far-flung places; wit the internet one can get help from any qualified people regardless of distance. Access to more data; with computer a lot of data can be stored for future use unlike the old ways of keeping records in files manually. One could have years of customer interaction and gigabytes of scanned documents all stored in one computer and easy to be accessed (Goman, p. 23). Two examples of how this business (Coca-Cola Company) is utilizing these new ways of communicating Coca-Cola as a company has remained among the top when it comes to business ranking and this success is partly attributed to how it has embraced use of current business communication to reach its worldwide customers. Such engagements include; Use of internet; various forms of Coca-Cola adverts have been placed on the internet. For example the brand online advertisement is often undertaken using use of pop-up ads, banners, onsite sponsorship and other online advertisement forms present in thousands of websites along the globe. Some forums and websites have been specifically dedicated to Coca-Cola funs globally and here users share their stories on Coca-Cola refreshment (Cocacola marketing) Advertisement through radio and television; the company spends a considerable amount of finances specifically for this purpose. The TV ads regarding Coca-Cola vary among countries and they are often prepared taking into account the different characteristics of the local culture so as to avoid misunderstandings that arise due to cultural differences this has maximized the positive impact of TV advertisements. Advertisement through the radio lasts for a few minutes but its considered to increase customer loyalty and level of brand awareness Conclusion There has been a huge influence of social media on business operations and marketing in modern world. It also has an impact on how the businesses engage with their target market. This growth is at an astounding rate and therefore its wise for any business looking to survive in this competitive world to work on developing and implementing a sustainable social media strategy so as to take full advantage of the rapidly changing business environment. However social media comes with its own negative impacts on any business such as loss of business data in case there was no backup as well as exposure of confidential information to the public unawares or by malicious employees. Therefore, business owners should embrace these changes with a lot of keenness and be on the lookout for any negative impacts. References Barry, B., Fulmer, I. S. (2004). The medium and the message: The adaptive use of communication media in dyadic influence. Academy of Management Review,29, 272- 292. Bruhn, M., Schoenmueller, V., Schfer, D. B. (2012). Are social media replacing traditional media in terms of brand equity creation?. Management Research Review, 35(9), 770-790. https://www. emeraldinsight.com/journals.htm?articleid=17044170 Castronovo, C., Huang, L. (2012). Social Media in an Alternative Marketing Communication Model. Journal of Marketing Development Competitiveness, 6(1). https://connection.ebscohost.com/c/articles/76482061/social-media-alternative-marketing-communication-model Cocacola Marketing. Retrieved from on April 16, 2017 from https://research-methodology.net/coca-cola-marketing-communications-a-critical-analysis/ Goman, C.K. (2002). Cross-Cultural Business Practices, Communication World 22-25. Hanna, R., Rohm, A., Crittenden, V. L. (2011). Were all connected: The power of the social media ecosystem. Business Horizons, 54(3), 265-273. https://www.sciencedirect.com/science/article/pii/S0007681311000243 Khang, H., Ki, E. J., Ye, L. (2012). Social media research in advertising, communication, marketing, and public relations, 19972010. Journalism Mass Communication Quarterly, 89(2), 279-298. https://jmq.sagepub.com/content/89/2/279. Kim, A. J., Ko, E. (2012). Do social media marketing activities enhance customer equity? An empirical study of luxury fashion brand. Journal of Business Research, 65(10), 1480-1486. https://www.sciencedirect.com/science/article/pii/S0148296311003584. Levitt, T. (1983). The Globalization of Markets. Harvard Business Review, MayJune, 92102 Mapping bias, business and diversity. BusinessCommunication Quarterly, 64(3), 9-22. Mulhern, F. (2009). Integrated marketing communications: From media channels to digital connectivity. Journal of marketing communications, 15(2-3), 85-101. https://www.scholars.northwestern.edu/pubDetail.asp?t=pmid=70449707615n=Francis+J+Mulhernu_id=1682. Munshi, D., McKie D. (2001). Toward a new cartography of intercultural communication: Snowden D.J., Boone M.E. 2007. A leader's framework for decision making. Harvard Business Review 85(11), 68-76. Vignali, C. (2001.) McDonalds: Think Global, Act Local the Marketing Mix, British Food Wood, J. (1997). Communication in our lives (p. 22). Boston, MA: Wadsworth. Xiang, Z., Gretzel, U. (2010). Role of social media in online travel information search. Tourism management, 31(2), 179-188. https://www.researchgate.net/publication/223710865_Role_of_social_media_in_online_travel_information_search
Wednesday, December 4, 2019
European Renaissance Reformation Essay Paper Example For Students
European Renaissance Reformation Essay Paper Chapter 1 European Renaissance Reformation Unit 1 Italy: Birthplace of the Renaissance Revolution the Italian Renaissance was a rebirth of learning that produced many great works of art literature. Renaissance art literature still influence modern thought modern art. Renaissance period of European history, 1300-1600, rebirth, a renewed interest in classical culture lead to changes in art, learning, views of the world. Humanism Renaissance intellectual movement that focused on studying classical texts, human potential achievements. Secular Renaissance society was worldly rather than spiritual concerned with the ere now. Patron a person who supports artists, especially financially. Perspective an artistic technique that creates the appearance of 3 dimensions on a flat surface. Vernacular native language; the everyday language of people in a region or country. Italys Advantages City-States Merchants the Medici Looking to Greece Rome Classical Worldly Values Classics lead to humanism Worldly pleasures Patrons of the arts The Renaissance man The Renaissance woman The Renaissance Revolutionizes art Realistic painting sculpture Leonardo, Renaissance Man Raphael advances realism Anguish Gentiles Renaissance writers change literature Patriarch Vacation Machiavelli advises rulers Aviators Colonial Unit 2 The Northern Renaissance Cultural interaction in the sass, the ideas of the Italian Renaissance began to spread to Northern Europe Renaissance ideas such as the importance of the individual are a strong part of modern thought. Utopia an imaginary land described by Thomas More in his book Utopia, an ideal place William Shakespeare most famous writer of the Elizabethan Age; born in 1562; liked the classics drew on them for inspiration plots. Johann Gutenberg a craftsman from Mains, Germany, developed a printing press sing a number of technologies to make it possible to produce books quickly cheaply; printed a complete Bible in 1455. Artistic ideas spread German painters Flemish painters Northern Writers try to reform society Christian humanists Womens reforms The Legacy of the Renaissance Changes in the arts Changes in society Unit 3 Luther leads the Reformation Revolution Martin Lathers protest over abuses in the Catholic Church led to the founding of Protestant churches. Nearly 1/5 of the Christians in todays world Causes of the Reformation Criticisms of the Catholic Church Early calls for reform Luther challenges the church The 95 theses re Protestants. Indulgence a pardon releasing a person from punishments due for a sin. Reformation 16th-century movement for religious reform, leading to the founding of Christian churches that rejected the popes authority. Lathers teachings The response to Luther The Popes threat The Emperors opposition Lutheran member of a Protestant church founded on the teachings of Martin Luther. The Peasants Revolt Germany at War Protestant member of a Christian church founded on the principles of the Reformation. Peace of Suburbs a 1 555 agreement declaring that the religion of each German state would be decided by its ruler. England becomes Protestant Henry VIII wants a son Annul to cancel or set aside. The Reformation Parliament Consequences of Henrys Changes Elizabeth restores Protestantism Anglican relating to the Church of England. Elizabeth faces other challenges Unit 4 The Reformation Continues Religious ethical systems as Protestant reformers divided over beliefs, the Catholic Church made reforms. Many Protestant churches began during this period, and many Catholic schools are he result of reforms in the Church. Predestination Calvinist Theocracy Presbyterian Anabaptist Catholic Reformation Jesuits Council of Treats
Thursday, November 28, 2019
What it Means to Be American Essay Example
What it Means to Be American Essay In order to decipher what it means to be an American you have to look at the past and what has brought this freedom upon us. George Washington once said ââ¬Å"The basis of our political system is the right of the people to make and to alter their constitution of government.â⬠Up until 1776 when the War ended, none of this was possible. Great Britain was making the laws and making decisions about what the people of the thirteen colonies could or couldnââ¬â¢t do. The first amendment of the Constitution prohibits Congress from taking away oneââ¬â¢s right of speech, press, petition, as well as religion, which is a valuable part of being an American. Having this freedom available to us could very well have saved other countries many wars if they would have let the citizens choose their own religion and not discriminate against it. Wars like the Crusades between the Christians and the Muslims, which started in 1095 and led to 1096, also continued from 1097- 1127, was fought over the control of the land of Jerusalem. Over half a million people died. Another example would be the Lebanese Civil war, in which both the Sunnis and the Shiites, two religious communities fought for government control. Nearly 150,000 people were killed during 1975-1990. We will write a custom essay sample on What it Means to Be American specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on What it Means to Be American specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on What it Means to Be American specifically for you FOR ONLY $16.38 $13.9/page Hire Writer On December 1, 1955, a women from Alabama demonstrated her rights of petition by refusing to give up her seat to a white man after a long dayââ¬â¢s work. We recognize this woman by the name of Rosa Parks. She was just one American who demonstrated her rights. Another example of demonstrating the freedom we now possess that allows us to truly call ourselves Americans was Martin Luther King Jr. He showed the rights of free speech. In the book The Epic of America written by James Truslow Adams in 1931 stated that The American Dream was one many immigrants have of a land in which life should be better for each person based on their ability and their achievements. One of the amazing facts of being an American i
Sunday, November 24, 2019
Free Essays on T.V. Violence
What has the world come to these days? It often seems like everywhere one looks, violence rears its ugly head. We see it in the streets, back alleys, school, and even at home. The last of these is a major source of violence. In many peoples' living rooms there sits an outlet for violence that often goes unnoticed. It is the television, and the children who view it are often pulled into its realistic world of violence scenes with sometimes devastating results. Much research has gone into showing why children are so mesmerized by this big glowing box and the action that takes place within it. Research shows that it is definitely a major source of violent behavior in children. The research proves time and time again that aggression and television viewing do go hand in hand. The truth about television violence and children has been shown. Some are trying to fight this problem. Others are ignoring it and hoping it will go away. Still others don't even seem to care. However, the facts are undeniable. The studies have been carried out and all the results point to one conclusion: Television violence causes children to be violent and the effects can be life-long. The information can't be ignored. Violent television viewing does affect children. The effects have been seen in a number of cases. In New York, a 16-year-old boy broke into a cellar. When the police caught him and asked him why he was wearing gloves he replied that he had learned to do so to not leave fingerprints and that he discovered this on television. In Alabama, a nine-year-old boy received a bad report card from his teacher. He suggested sending the teacher poisoned candy as revenge as he had seen on television the night before. In California, a seven-year-old boy sprinkled ground-up glass into the lamb stew the family was to eat for dinner. When asked why he did it he replied that he wanted to see if the results would be the same in real life as they were on television. Thes... Free Essays on T.V. Violence Free Essays on T.V. Violence What has the world come to these days? It often seems like everywhere one looks, violence rears its ugly head. We see it in the streets, back alleys, school, and even at home. The last of these is a major source of violence. In many peoples' living rooms there sits an outlet for violence that often goes unnoticed. It is the television, and the children who view it are often pulled into its realistic world of violence scenes with sometimes devastating results. Much research has gone into showing why children are so mesmerized by this big glowing box and the action that takes place within it. Research shows that it is definitely a major source of violent behavior in children. The research proves time and time again that aggression and television viewing do go hand in hand. The truth about television violence and children has been shown. Some are trying to fight this problem. Others are ignoring it and hoping it will go away. Still others don't even seem to care. However, the facts are undeniable. The studies have been carried out and all the results point to one conclusion: Television violence causes children to be violent and the effects can be life-long. The information can't be ignored. Violent television viewing does affect children. The effects have been seen in a number of cases. In New York, a 16-year-old boy broke into a cellar. When the police caught him and asked him why he was wearing gloves he replied that he had learned to do so to not leave fingerprints and that he discovered this on television. In Alabama, a nine-year-old boy received a bad report card from his teacher. He suggested sending the teacher poisoned candy as revenge as he had seen on television the night before. In California, a seven-year-old boy sprinkled ground-up glass into the lamb stew the family was to eat for dinner. When asked why he did it he replied that he wanted to see if the results would be the same in real life as they were on television. Thes...
Thursday, November 21, 2019
'In the appellate court of last resort a balance must be struck Essay
'In the appellate court of last resort a balance must be struck between the need on one side for the legal certainty resulting - Essay Example It has generally been observed that the pragmatic value of precedent gains prominence, whereas its justice seeking aspect tends to be overlooked. As such, precedent is the intersection between law and justice.2 In England and Australia, the highest courts tend to regard the decisions of their lower but superior courts as being highly persuasive. For instance, the highest court of Australia, namely the High Court of Australia accords considerable importance to the rulings made by the Supreme Courts of the various states. Precedent in its narrow sense, or the doctrine of stare decisis, denotes that the courts of appeal, in the normal course, consider themselves bound by their own rulings. 3 An important illustration of this is provided by the stance of the House of Lords till the year 1966. Prior to that year, their Lordships had considered their previous decisions to be sacrosanct, and had stated that they would not overrule them. This has changed, and the highest courts of Australia and the UK have now adopted the view that they would decide contrary to their previous rulings, provided there was a very strong reason for such departure. 4 Despite the promotion of certainty and consistency by the doctrine of precedent, it does suffer from some drawbacks. ... Even if the statements made in previous cases are clear, there could be confusion as to whether that statement had been a component of the ratio decidendi of that case.5 This makes it difficult to decide whether it had been binding or was just obiter dicta. Another major issue is the following. In Australia, appellate cases are usually heard by three judges in the Supreme Courts of the states. The corresponding number of judges is five in the High Court. It has been frequently observed that these judges will generally provide individual judgements. The result is several sets of legal reasons. Moreover, it is common for each judge to express opinions that differ from the other judges hearing the case. Such differences could have a critical impact upon subsequent cases. Consequently, it becomes very difficult to identify what is binding.6 Although it seems that the doctrine of precedent could hinder change and development in the law, this is only partially true. The development and cha nge in law is a continuous process, which is on the whole unspectacular. Precedent is not interpreted in a mechanical manner, and the extant law tends to be subjected to a continuous process of analysis and reinterpretation. Past events are reinterpreted by each generation, and this changes history. Similarly, the extant law undergoes continuous reinterpretation and is comprehended afresh.7 Thus, whenever, a superior court judge examines a disputed legal point and there is a reporting of the decision taken by the judge, a certain amount of change transpires in the totality of the common law. In Davis v Johnson,8 the substantive issues considered related to the degree of discretion bestowed upon county courts by section 1 of the Domestic Violence and Matrimonial
Subscribe to:
Posts (Atom)