Family Values - 736 Words

English 102 Rhetoric- Article Analysis Family values have changed a lot over the past few decades. The main reason for this is because society has been changing and becoming more open, therefore values for families and individuals have changed with it. The writer of â€Å"Values, Family, and a Changing Society† (F. Ivan Nye) takes the time to define different types of values and how they have defined family values. The message of the article is talking about how societal change has been shaping the values of family and life in general. The writer gives an example of change with the obedience of children. Children have become a lot less obedient as they grow up. In the past, family used to be the main example a child would follow growing up.†¦show more content†¦When talking about instrumental and intrinsic values, the author uses the example of value on education. He says that it is an instrumental value because with time people have come to see that most people who are educated lead a more successful life. In this case he could have found statistics or facts showing for example, on average, the income of educated people compared to uneducated people. Ethos plays a large part in this article. The writer expresses his topics from a subjective point of view. He talks about society and its view on values such as premarital sex. According to Nye, premarital sex is a negative instrumental value. Even though society has a negative view on it, it is still increasing. The writer mentions that society frowns upon premarital sex because it causes unwanted pregnancies, forced marriages that usually end in divorce, etc., but he fails to give any real statistics or examples on the topic. He also mentions the ethical topic of daycare. Since women have been exposed to the outside working world, more child care is now needed outside the home. Is it acceptable to put children in day care all day? From an instrumental point of view the answer would be yes. Since society is allowing women to work in the same fields as men, they are no longer expected to stay at home and work in the house all day. But if you look at it from an intrinsic point of vie w the answerShow MoreRelatedFamily Values1020 Words   |  5 PagesFamily Values Mary Boman NUR/542 September 10, 2012 Koh Family Values Family nursing is still seen as a fairly new specialty area in nursing. There has been discussion to define what family nursing is and what role family and nursing play in this matter. The consensus is that all definitions have as core concepts the notion of providing nursing care to families and family members (Braun amp; Foster, 2011). Nurses have realized what an important role that families can play in promoting positiveRead MoreFamily Values1142 Words   |  5 PagesFamily Values Paper Family Values Paper The concept of family as the client has become an integral part of nursing practice. The American Nurses Association states that nursing is the protection, promotion, and optimization of health and abilities, prevention of illness and injury, alleviation of suffering through the diagnosis and treatment of human response, and advocacy in the care of individuals, families, communities, and populations. It is this thinking that nursing continues to striveRead MoreFamily Structure And Family Values Essay1505 Words   |  7 PagesOver the years, family structure and a families morals and values has changed drastically from generation to generation. From a families core values to women not working in the workforce to women making up a good chunk of our current workforce, to even the norms of dating and the roles of religion and culture in a family. times now are significantly different than they use to be. With technology a new driving force interfering with families and the world altoge ther, their have been many adaptationsRead MoreFamily And Family Arrangements And Values1505 Words   |  7 PagesFrom There to Here Family Is The Definition of family, is relative, no pun intended. It depends on your background and experiences. Family can be friends or blood relatives, it can mean many different things to everyone. But most importantly I think it means support, you should consider to be a part of your family anyone who supports the decisions that you make, and doesn’t judge you for them. This can include friends, and family. It’s important to decide for yourself what matters most to you, andRead MoreFamily Obligation And Family Values Essay2145 Words   |  9 PagesFamily obligation is strongly related to how much one values their families’ opinions and the degree to which family values are respected and complied with. This degree of familial obligation varies across cultures, in part, due to the different schemas that are represented across cultures. There are two separate classifications for these schemas, collectivistic and individualistic (Triandis, 1988). The majority of people w ho belong to individualistic cultures have an independent schema while peopleRead MoreFamily Value Is Important For Life1696 Words   |  7 Pagesstands out above all would value of family because they are always there for us when we need them the most. They always find a way to make our life more meaningful. I believe family value is important for living a meaningful life. Family value is something that we hold very precious the most which is why they make our life more meaning to it. Even though there are a lot of things that can make our human life matter, however, in my opinion, the significance of human values, connected social life, andRead MoreHaitian Family Values841 Words   |  3 PagesFamily values are ideals that are learned traditionally in a family and are reinforced within the familial unit. Family values can be very diverse between different cultures. Some of these family values are the way children are raised, discipline, gender roles in the family, and the way f amilies choose to live. Family values are a major part of Haitian culture and they are very important to Haitians. This is my favorite aspect of all of Haitian Culture. For all Haitian families, no matter what classRead MoreFamily Values Paper943 Words   |  4 PagesRunning head: FAMILY VALUES PAPER Family Value Paper Katie Chieda University of Phoenix Dynamics of Family Systems: NUR/542 February 21, 2011 Carla Diebold Read MoreEssay about Family Values507 Words   |  3 Pages When raising a child one is taught values by their families that they feel are important for their child to have. I believe that family values consist of certain actions and qualities that are important to a family to uphold. Values that are important in my family are honesty, trust and to have respect for others. Each of these values is equally important in my family. They played a big role into making me the person I am now. Growing up in my family taught me that honesty is the best policyRead More Family Values and The Status of The Traditional American Family792 Words   |  4 Pagesthe term family values, many different ideas can come to mind. Morals, religion, beliefs, tradition, expectation, controversy, and misuse are some things that may come to mind when the term â€Å"family values† is mentioned. The true definition and meaning of family values can most likely never be directly pinpointed, but it is always going to be a known fact that family values are always going to have different meanings to different people. It is the common misunderstanding that family values are just

Racial Profiling And The Justice System - 994 Words

Growing up, I was taught to treat my neighbor as I would treat myself, but as life unfolded, reality hit, and I realized the world did not operate under the same teachings. I started to see a world that judge people based off their ethnic background, not the content of their character. For year’s people of all colors, nationalities and genders have been targeted due to fitting a certain description. This behavior is referred to as racial profiling and it is killing, wrongfully accusing and creating division amongst the people and justice system. The justice system must redesign the policy and procedures, which relate to racial profiling, because it is not protecting the rights of the people, it is attacking them. Even though racial profiling has built walls between the people and the justice system, at the same time racial profiling has driven away unwanted terrorist’s attacks similar to 9/11. Deroy Murdoch states, during a debate, â€Å"Recognizing that the current threat to passengers and airliners comes almost exclusively from one source, and we all know what it is—young male between 18 and 35 who practice a fundamentalist strain of Islamic faith†¦ had the security personnel at Newark, Dulles, or Boston Logan airports profiled these hijackers, they might have been stopped and nearly 3,000 people, who were killed on 9/11, would be with us here today (U.S. Airports Debate). No one wants to have their loved ones taken away abruptly, like the victims of 9/11. The events thatShow MoreRelatedRacial Profiling And The Justice System1365 Words   |  6 Pagesthere are high expectations of equality and justice. But, this is just how it looks like at a glance in Canada, as for minorities living in Canada and, in particular to black Canadians, these minorities face a different reality in the encounters with police and the justice system in comparison to their white counterparts. Which raises the question of how equal each citizen really is under the same rules. Therefore, in the essay I argue racial profiling is evident in stop and search practices targetingRead MoreRacial Profiling And The Criminal Justice System1204 Words   |  5 PagesAbstract Racial profiling is a major issue in American society. Its existence threatens every minority citizen of this country. Racial profiling is not fair and not effective because it relies on stereotypes and encourages discrimination. Examining cases that have occurred in the past and most recently help us fully understand this issue. Many studies and reports of racial profiling involve excessive use of force, police brutality, imposition of death penalty, traffic stops, stop and frisk issuesRead MoreRacial Profiling And The Criminal Justice System1004 Words   |  5 Pagesbe on minorities. As we take a closer look into that statistic on crime, housing, employment along with racial profiling I do believe most are tied together which can easily cause a revolving door within the criminal justice system. When we look at the minority communities there are many challenges they are faced on a daily basis. Addiction and Crime: Incarceration: Employment: Racial Profiling: The use of race or ethnicity as grounds for suspecting someone for crimes. Mental Health: Many individualsRead MoreRacial Profiling And The Criminal Justice System1582 Words   |  7 PagesRacial disparity in the Criminal Justice system has been a issue of discussion in our law enforcement for years. Statistics say the likelihood of imprisonment in a lifetime is 1 in 3 black men, 1 in 6 Latino men and 1 in 17 white men. (Bonczar2003) The search and seizure 4th amendment was passed in 1789 which was supposed to protect all persons of unreasonable searches, etc. In 1944 Gunner Myrdal wrote â€Å"it’s part of a policeman’s philosophy that Negro criminals or suspects that show any sign of insubordinationRead MoreAnalysis of Racial Profiling in the Criminal Justice System3223 Words   |  13 PagesAnalysis of Racial Profiling In the Criminal Justice System Police officers today face many challenges. Some concerns include dangers or safety concerns related to being a police officer, questions of the use of force and the public’s perception of officers being corrupt. Additionally, with cases of deaths and accusations that have come to the forefront about police throughout the United Stated, questions about police racial profiling have also come to light. Today’s police are considered toRead MoreRacial Profiling in Canada1166 Words   |  5 PagesRacial profiling is the act of selecting targets for criminal investigation not on behavioural merit, but exclusively on markers of personal identity such as race, ethnicity, and religious orientation (Perry, 2011, p.9). In other words, racial profiling is the by-product of subjecting individuals who are from a particular racial community to a higher degree of scrutiny and surveillance by criminal justice system agents when compared to other racial communities (Wortley and Owusu-B empah, 2011, p.135)Read MoreRacial Inequality919 Words   |  4 PagesWhat is racial inequality? Racial inequality is discrepancies in the opportunities and treatment of people based solely on their race. Racial inequality is a serious issue that is often discussed in the American criminal justice system. Although racial discrimination is present in the criminal justice system, some people use the words inequality, discrimination, racism, and profiling loosely and do not understand how truly complex it is to prove that there actually is racial inequality present inRead MoreProfessional Racism and Discrimination1117 Words   |  5 PagesDepartment has a reputation for using race as a basis to catch criminals. Racial profiling is the use of race or ethnicity as grounds for believing an individual is suspicious of committing a crime. Discriminatory or abusive behavior towards people of color affects the justice system and violates people’s human rights. The LAPD continues to u se racial profiling against mostly African-Americans and Latinos. The use of racial profiling by the LAPD prevents the police from serving the whole community. BecauseRead MoreHow Racial Profiling Led to the Death of Trayvon Martin821 Words   |  4 PagesRacial Profiling As I walk to the store to pick up snacks for the next half of the super bowl, I am trying to make it quick. I finally arrive at the store and quickly get my two favorite items, skittles and an ice tea. Thinking to myself that this is all I need, not knowing that it would be my last meal. On the walk back home, I have a feeling that I am being followed. I speed up. I turn around to find that a grown Hispanic man, mid-age, and heavily built is in fact, following me. In my head,Read MoreRacial Profiling And Its Impact On Society1209 Words   |  5 PagesCases of Racial Profiling There are tons of cases of Racial Profiling. Now a days many people are being targeted or attacked by racial profiling. Laws are being passed but not every police officer is following up with it. And because of this more and more people are becoming irritated with the government system. Just because a particular person from a particular race does something wrong, everyone from that race is being discriminated by so-called other races. Racial profiling is getting

Analysis Of The Book The Raisin Of The Sun - 1878 Words

MAJOR WORKS REVIEW General Title : Raisin in the Sun Author : Lorraine Hansberry Date of Original Publication : 3/11/1959 Novel Type : Realistic Drama Play Structure Point of View : The play is written in a third person point of view of the narrator. Relationship to meaning: Being the narrator of the play, you will know the background and description of each character, the setting and mood of the stage. Plot Structure Exposition : The Younger family has recently lost their head of the family, Mama’s husband, and are going to be given 10,000$ from their insurance. They are an African American family in the working class that lives on the South side of Chicago and struggling with financial difficulties. Inciting Incident : This is when the Younger family was informed that they will be getting a 10,000$ check of insurance money. This is when they all start deciding on how they could benefit from the money and beginning to take action for their dreams. Events contributing to rising action : When the check finally arrives, Mama decides to go off on her own and paid the 3,500$ down payment to a house in Clybourne park. This really upsets Walter because he thought that he would never be able to achieve his dreams anymore since the money got spent on a new house. Mama then decides to put the rest of the remaining money into Walter’s hands for him to spend on to whatever he would want (liquor store), but only after putting 3,000$ into a savings account for Beneatha to useShow MoreRelatedAnalysis Of The Book A Raisin Of The Sun 2263 Words   |  10 PagesMAJOR WORKS REVIEW GENERAL 1. Title : A Raisin in the Sun 2. Author: Lorraine Hansberry 3. Original Publication: March 11, 1959 4. Novel Type: Domestic Tragedy STRUCTURE 1. Point of View: 2. Relationship to meaning: 3. Plot Structure a. Exposition b. Inciting Incident c. Events contributing to rising action d. Climax (Crisis/turning point) e. Events contributing to falling action f. Resolution g. Other Significant Structural Elements: CHARACTERS 1. Protagonist a. Name and significance:Read MoreCharacter Analysis Of Beneatha In A Raisin In The Sun1487 Words   |  6 PagesCharacter Analysis â€Å" A Raisin in the Sun† is a play written by Lorraine Hansberry about the life of an African American family during the era of segregation. The play starts off with the Younger family receiving a 10,000 dollar check from Mr. Younger’s insurance policy. The family argues over what they are going to do with it. Mama wants to buy a house with it, Walter wants to invest in a liquor store, and Beneatha wants to use the money to go to medical school. The contrast of the characters’ personalitiesRead MoreThe Poetry Of Harlem And Women Have Loved Before As I Love Now925 Words   |  4 Pageschallenge when reading a poem written a long time ago. Misinterpreting the meaning can cause some bigger issues in the dialect or if you someone wanted to write an analysis on the poem. In Harlem, only eleven lines are written with such greater meaning to the sentences. For example, â€Å"like a raisin in the sun?† could mean that the raisin is already supposed to be dry, like our dreams are supposed to be settle. As for Women Have Loved Before As I Love Now, has fourteen lines that have a higher intellectualRead MoreThe Freedom Writers And Romeo And Juliet905 Words   |  4 Pagestwo different english classes a year. We read different writing pieces, wrote essays, and learned techniques that help us develop our reading and writing skills. In middle school the writing tasks were easier and funner than high school. We read books like the Diary of Anne Frank, The Freedom Writers, and Romeo and Juliet, that I actually found interesting. They would give us the task of writing our own journals. We had to write an entry every day a page or more long, like Anne Frank and like TheRead MoreThe Moving Train : History Of Segregation1866 Words   |  8 Pagestrain. Passengers in a train know that they are going in a wrong direction, but they are afraid of jumping off a train. They decide to go wherever the train goes. The majority of white Americans were those passengers throughout the history. In A Raisin in the Sun, there is one white American who appears. Karl Lindner is a representative of a white neighborhood called Clybourne Park in Chicago. He suggests to the Younger family not to move into his white neighborhood. The neighbors think living separatelyRead MoreComparing Themes of To Kill a Mockingbird and A Raisin in the Su n1962 Words   |  8 PagesTo Kill a Mockingbird and A Raisin in the Sun are books both written during a time of racial tension and inequality. Harper Lee and Lorraine Hansberry lived through the civil rights movement and saw the physical and verbal harassment against African Americans. This experience is evident in both works as the theme of fighting prejudice shines through. The goal of this paper is to compare and contrast the theme in both books and how it affected both of the families. Also, throughout the paper I willRead MoreHow Money Plays A Big Role1956 Words   |  8 PagesHow Money Plays a Big Role The Play, A Raisin in the Sun, written by Lorraine Hansberry, is a story about an African American family, the Youngers, who live in an awfully, small sized, ghetto apartment in Chicago. The Youngers include, Lena the mother aka Mrs. Younger, Walter her son, Beneatha her daughter, as well as Ruth her daughter in law and Travis her grandson. The Youngers, essentially, establish a decent perspective of how money, poverty, and racism all play a role in society as well asRead MoreTupac Shakur: A Brief Life Story1779 Words   |  7 Pagesprison after trying to help his sister escape prison. When Shakur was only 12 years he starred in the play â€Å"A Raisin in the Sun† he was a boy named Travis Younger and he also got the chance to preform it at the famous Apollo Theater in Manhattan, New York. In order to understand why Tupac Shakur is and American cultured icon, one need to have a description of his background a critical analysis of his moral behavior and his impact and importa nce in American music. A couple of years later he and hisRead MoreAfrican American Household, By Marie Louis Anderson1835 Words   |  8 Pages Marie Louis Anderson writes black matriarchy to critically analysis the African American household, in which she examines the household culture and the matriarch in which the house operates under, many points are raised during this book. The most important of these points being , The Black matriarch regards the Black male as undependable and is frequently responsible for his emasculation, is often very religious, regards mothering as one of the most important in her life, attempts to shield herRead MoreThe Discourse Community Of The English Subject2328 Words   |  10 PagesAuthors and poets such as Langston Hughes, Zora Neale Hurston, and Claude McKay helped to rebirth and create an era in which African-Americans were able to find freedom in expression through books and poems during a racially charged era. During the Civil rights movement era books such as â€Å"a Raisin in the sun† by Lorraine Hansberry and authors such as Alice Walker and Gwendolyn Brooks helped to describ e the racial challenges blacks faced during this time through their writings and their novels. They

Different Creation Views Among Native Americans and Europeans

The Native Americans and Europeans had many influences that affected their outlook when they first encountered one another. These influences have different stories and views that pertain to the origin of life and how the earth was created. For example the Native Americans had stories that were passed down from generations that would be reshaped in different tellings. On the contrary the European Christians obtained their stories from books that had been written in earlier years such as the bible and Aristotle’s work. Despite their differences all of their beliefs were affected by the accounts which then made their encounter with each other and the relationship with human beings. The creation story in Aristotle’s views affected the†¦show more content†¦The relationship of men and women by one another was greatly influenced when Natives and Europeans encountered each other. From these stories men are in higher position than women for example God was a man who cre ated the entire earth. In the previous creation stories â€Å"A women who fell from the sky† her father the chief was in charge of heaven who was also a man and then in â€Å"Ramon Pane† there was four men left who were not exposed to the sun and were left to continue man kind. Although the stories told by the Native Americans had a man or men being the start of the earth or creation they did have a woman helping in some parts. As in the Europeans story only God being a man created everything. This could affect the way the Europeans and Native Americans treated each other in there first encounter because the Europeans had men in charge of things and the woman did what they were told or what benefited the men. As in the Native culture the men were still in charge but the women had more responsibility and were used more. Both of these cultures would have thought the others were unusual and this would affect the way they would interact. The most affected part of the encounter between the Europeans and Native Americans would be the relationship between different groups of human beings. This relationship would be affected because ofShow MoreRelatedThe Creation Of The Iroquois Creation Story974 Words   |  4 PagesThe Iroquois Creation Story is set before the existence of humans as we know them, but not absent of a physical place, or other beings. The Iroquois Creation Story has a very supernatural setting with many mythical and magical elements. The first lines of the story stated, â€Å"Among the ancients there were two worlds in existence. The lower world was in great darkness; - the possession of the great monster; but the upper world was inhabited by mankind.† The physical setting starts out in in the upperRead MoreNative Americans And The Native American Tribe973 Words   |  4 PagesDifferent Cultures The Europeans and the Native Americans arguably do not co-exist because different groups did not allow them to be their own tribes. The Europeans treated the Indians with as little respect as possible. The Indians were used to work including the women and children. The Christians changed how they were viewed by the Indians because they suffered from beatings and other tragedies among their tribes. The Native American tribes wanted peace within their groups although they were fightingRead MoreThe Aboriginal Waterscape1676 Words   |  7 PagesInteraction of Native Americans and the Waterscape The Aboriginal Waterscape In The Great Thirst, Norris Hundley offers a comprehensive view of the aboriginal waterscape and how early Native Americans managed the water resources available to them prior to contact with Europeans. He describes a California with abundant water, though not necessarily through rainfall. Depending on the location in California, water can be found in rainfall, runoff from snow melt, and from underground aquifers. AtRead MoreNative American And American Literature Essay1351 Words   |  6 Pagesonly one memory of ever having read anything Native American, and that was in grade school. Native American literature is typically left out of studies in general American Literature, although there do exist plenty of programs for studying these types of narratives separately and individually. It has yet to become a prominent area of study and there a differing reasons as to why this is. Part of the lack of study in this subject in connection with American Literature is for cultural conce rns aboutRead MoreHistory Paper923 Words   |  4 Pages In what ways is Pane’s religion evident in his account of Taino origins? 4b. Do you think Pane was a reliable recorder of Taino beliefs? 4c. What parts of Pane’s account, if any, seem credible to you? Why? 5a. Since Tainos never had writing among them and everything is preserved by memory, do you thing the stories the Taino told Pnae were credible accounts of ancient beliefs? 5b. What evidence suggests that Taino believed these stories? 5c. Is there evidence that their origin narrative hadRead MoreWhen It Comes To Folktales, Fairytales, Legends, Myths,1733 Words   |  7 Pagesof a dime. I know a few from Asia, like â€Å"Father Frost† (a Russian tale) and â€Å"The Stonecutter† (a Chinese tale). I am even familiar with a few stories originating in the native civilizations of Africa, like â€Å"The Egyptian Cinderella†, and Australia, like the stories of a creature called a â€Å"Bunyip†. However, when it comes to American (North or South), I can come up with only a few from the South, such as mermaid legends,and only two from the North that did not take place after colonization. The majorityRead MoreA Very Great Change During The Francisco Pizarro s Journey1435 Words   |  6 Pageshistory, in where were involved conquerors as Cristobal Colon, Hernan Cortes and Francisco Pizarro among others. The discovered of America is considered one of the most important events in the universal hist ory. The great changes and consequences that the Conquest generated were diverse among the continent. The first journey around the world by Fernando de Magallanes and Sebastian El Cano opened a great view by the Spanish to start with the Journey in the America. Although the Conquest of America by SpanishRead MoreThe Exploitation of the Native Americans1596 Words   |  7 Pagesof the Native Americans The Native Americans are a prime example of the repression, poverty, and discrimination many minority groups have had to endure throughout the years. The Native Americans had their own land, culture and language. They were people able to adapt well to their particular region by hunting, fishing and farming crops. Their cultures primarily rested on wise use of all natural resources available. Many historians believe there were between 6 and 10 million Native Americans livingRead MoreAn Examination Of Native History866 Words   |  4 PagesAn Examination of Native History Native American. Indian. These are the names given to the Indigenous peoples of Native North America so that they may be classified together as one group, a single entity, to define thousands of years of multifaceted cultures, many of which have unfortunately been lost. Prior to European contact, many of these Native groups encompassing present day Canada to Mexico lived their lives ruled by political systems, a complex use of resources available, social stratificationRead MoreThe Slavery Of The United States1121 Words   |  5 PagesBefore the 19th C, literature in the United States (US) was largely characterized on the basis of its diverse nature. Using different forms of documentations such as travel accounts and journals, early European explorers noted down their different experiences in the New World. Owing to the fact that these new Explorers were very religious, most of their writings were defined by their religious convictions especially the Puritan faith. In addition to the se writings being shaped by religion, most of

The Forbidden Game The Kill Chapter 6 Free Essays

string(33) " shivering and melting and lost\." Jenny, devastatingly aware that her jeans were crunchy from drying wrinkled and her denim shirt looked as if she’d crawled through a chimney, said, â€Å"You invited me to come-and here I am.† He answered as easily as if they’d been talking for hours. â€Å"Yes, and you’re off to a bad start. We will write a custom essay sample on The Forbidden Game: The Kill Chapter 6 or any similar topic only for you Order Now Couldn’t even avoid this simple trap. Don’t even know what game you’re playing.† â€Å"Whatever it is, it’s the last Game,† Jenny said. It wasn’t the same as it had been before, when she’d felt as if she were fighting him all the time in her mind-whether he was physically present or not. Fighting his sensuality, fighting his beauty, fighting the memory of his touch. In those days part of her actually longed for the moment when she would stop fighting, for the final surrender. But now †¦ Jenny had changed. The fire she’d passed through in the last Game, the one he’d created to trap her, had changed her. It had burned away the part of her that had responded to Julian, that had craved his danger and wildness. Jenny had come through the fire alive-and purified. She might not be as powerful as Julian, but her will was as strong as his. She would never give in to the shadows again. And that meant that everything was different between them. She could see that he saw the difference. He said, â€Å"More light?† and made a gesture, like tracing a line in the air. Kenaz, Jenny thought. The rune of the torch, one of the runes she’d carved on her grandfather’s oak door. It was shaped like an acute angle, like a lesser-than sign in mathematics. When Julian’s long fingers made the gesture, the light seemed to ripple, and with a magician’s flourish he plucked a second burning torch from the air. Jenny, stony-faced, clapped her hands two or three times. Julian’s glance was blue as a gas flame. â€Å"You don’t want to get me angry. Not this early on,† he said with dangerous quietness. â€Å"I thought I was supposed to be impressed.† He studied her. â€Å"You really don’t want to get me angry.† Oh, he was gorgeous, all right. Inhuman, incomprehensible, and so alive he looked as if he should be dripping fire or electricity from his fingertips. He brought a shine with him like diamonds in coal. But Jenny had a core of steel. â€Å"Where’s Tom?† she said. â€Å"You haven’t been thinking about him,† said Julian. It was true. Jenny hadn’t. Not continuously, not constantly, the way she had in the old days when she’d never really regarded herself as a separate person, but as part of a unit: Tom-and-Jenny. It didn’t matter. â€Å"I came here for him,† she said. â€Å"I don’t need to think about him every minute to love him. I want him back.† â€Å"Then win the Game.† Julian’s voice was as cold and ominous as thin ice breaking. He stuck one torch into a wide horizontal crack in the wall. Jenny hadn’t really taken in her surroundings yet-when Julian was around it was very difficult to focus on anything except him-but she saw now that she’d been right in her guess earlier. This was an enclosed place, and a very small one, scarcely as big as her bedroom at home. Three of its walls were stone; the fourth was solidly packed boulders. Below the crack with the torch was a sort of natural stairway, each step broader than the one above it. Like the fake waterfalls in the mine ride, Jenny thought, only without the water. She noticed her flashlight, apparently dead, lying by the bottom step. There was no entrance or exit to the room. The ceiling was low. It had a very trapped feeling about it. Jenny’s heart sank a little. No. Don’t you dare let him frighten you. That’s what he wants, that’s what kicks him. Besides, what’s to be scared of? So you’re buried alive under tons of rock, alone with a demon prince who wants you body and soul and will literally do anything to have you. Who might kill you just to make sure no one else can have you. And you’re pissing him off deliberately, but so what, why sweat the details? She tried to make her voice quite steady and a little blase as she said, â€Å"So just what is the Game this time?† â€Å"The clue will cost you.† Icy fury swept over Jenny. â€Å"You’re horrible. Do you know that?† â€Å"I’m as cruel as life,† Julian said. â€Å"As cruel as love.† The fury, and the steel at Jenny’s core, gave her the courage to do something that astonished even her. She wanted to slap Julian. Instead, she kissed him. It wasn’t like the tender, cozy sort of kiss she gave Tom, and not like the terrified, half-wild kisses Julian had extorted from her in the old days, either. She jumped up and snatched his face between her palms before he could do anything with the torch. She kissed him hard, aggressively, and without the slightest vestige of maidenly shyness. She felt his shock. His free hand came up around her, but he couldn’t pull her any closer than she was already pressing herself. She ignored the danger of the torch completely-if it was close to her hair, that was Julian’s problem. Let the great master of the elements figure it out. Julian recovered fast. It was possible to take him off guard, but he didn’t stay nonplussed long. Jenny felt him trying to take control of the situation, trying to soften the kiss. But she knew the danger of softness. Julian could spin a web of shadows around you, with touches like the brush of moth’s wings and kisses soft as twilight. He could turn your own senses against you until the kisses left you dizzy and breathless and the moth’s-wing touches put you on slow burn. And by the time you realized what was underneath the softness, you were shivering and melting and lost. You read "The Forbidden Game: The Kill Chapter 6" in category "Essay examples" So Jenny kept this kiss strictly business. A cheap and nasty sort of business she’d never had to do before because before Julian she’d only ever kissed Tom. She kissed him angrily, with a clinical coldness and all the expertise she could muster. At the end she realized she’d managed to startle him twice in just a matter of minutes. When she pulled away-which she did easily-she could see the shock in his eyes. Didn’t think I could resist, did you? she thought. She stepped back and with utter coldness said, â€Å"Now, what about my clue?† Julian stared. Then he laughed mockingly, but she could see him losing his temper, see the blue eyes glitter with rage like exotic sapphires. She had struck at his pride-and hit dead center. â€Å"Well, now, I’m not sure I got my money’s worth,† he said. â€Å"I’ve known icicles that were better kissers than that.† â€Å"And I’ve known dead fish that were better kissers than you,† Jenny said-untruthfully and with an insane disregard for danger. She knew it was insane, but she didn’t care. The freedom of knowing that the shadows had no power over her was intoxicating. It made this encounter with Julian different from any other. She’d struck home again. She saw the menacing fury well up in his eyes-and then his heavy lashes drooped, veiling them. A half smile curved his lips. Jenny’s stomach lurched. He was evil, she knew. Cruel, capricious, and dangerous as a cobra. And she’d been stupid to goad him that way, because right now he was planning something bad-or her name wasn’t Jenny Lint-for-Brains Thornton. â€Å"I’ll give you your clue,† he said. He slid a hand into one skintight pocket and brought it out again, flipping something gold on his thumb and catching it again. The gold thing winked in the torchlight, up and down. â€Å"Heads I win, tails you lose,† Julian said and gave her a smile of terrible sweetness. Then he flicked the shining gold thing at her so quickly that she flinched. It hit the stone with a wonderful clear ringing clink. Jenny picked it up and found that it was cold and quite heavy. It was a coin, round but irregular, like a very thin home-baked cookie. â€Å"A Spanish doubloon,† Julian said, but even then she stared at him a moment before getting it. Oh, God-of course. The game-the one the real Joyland Park was holding. What had that kid said this afternoon? â€Å"You get three tokens and they let you in free. †¦Ã¢â‚¬  And the billboard: collect three gold DOUBLOONS AND BE THE FIRST TO SET FOOT ON †¦ TREASURE ISLAND. And Julian had invited them to come on a treasure hunt. But Jenny hadn’t made the connection, not even when that giant treasure chest had been the only thing moving in the park tonight. â€Å"You modeled this whole place after Joyland because they were having a treasure hunt? Why? Because I used to go to the park when I was a kid?† He laughed. â€Å"Don’t flatter yourself. This whole-Shadow Park, if you like-already existed. It was created ten years ago and for a very different reason. A special reason †¦ but you’ll find out about that later.† He gave a strange smile that sent a chill through Jenny. â€Å"It was built on an old coal mine, you know-a pit. The Shadow Men have been here a long time.† A pit. Deep into the Pit, Jenny remembered. That was a line from the poem she’d found on her grandfather’s desk in Julian’s first Game. Was that how her grandfather had found the Shadow Men in the first place? Had he taken a question deep into a pit, into some place where the worlds were connected? She would probably never know-unless Julian told her, which didn’t seem likely. But it cast a vaguely sinister light over the real Joyland Park. Forget the conjectural crap, she told herself. Get down to business. â€Å"Tom and Zach are on Treasure Island,† she said. She got a wolfish smile back. â€Å"Right. And don’t even think about trying to swim there or anything. The bridge is the only way, and the toll is three gold doubloons. You’ll find the coins hidden throughout the park.† â€Å"I’ve got one already,† she reminded him, closing her fist on the coin. His smile turned dreamy, which was even more frightening than the wolf look. â€Å"Yes, you do, don’t you?† he said pleasantly. â€Å"Now all you have to do is get out with it.† On the word it, everything went dark. It happened so fast that it took Jenny’s breath away. One moment she was conversing by the light of two ruddy torches, the next she was in pitch blackness. Blackness so profound that it made her heart jump and her eyes fly open. She saw ghostly blue pinwheels, then nothing. It was like being struck blind. Okay. Don’t panic. He made a mistake-he got mad and screwed up. He left the flashlight. I hope, her mind added, as she stuck the doubloon in her pocket and cautiously felt her way in the darkness. Her hand closed around cold metal. She held her breath and thumbed the switch. Light. Only a tiny light, a dull orange-ish glow. Either something had happened to the flashlight in the fall or the batteries were going dead. But it was enough to keep her from going crazy. You shouldn’t have made him mad, Jenny. That was really, really dumb. Because, even with light, she was in trouble. By holding the flashlight very close she could see the rock walls of her prison quite clearly. She could examine every inch of it, from the low ceiling, to the uneven floor, to the solidly packed boulders that blocked the entrance. There was no way in or out. She couldn’t possibly shift those boulders by herself-and if she did move one, she’d probably bring the rest of them down on top of her. Don’t panic. Don’t, don’t, don’t panic. But the flashlight was already getting dimmer. She could see it, but not anything around it. And she was alone in the midst of solid rock and absolute silence. There was no sound, not even the drip of water. Wait. You thought your way out of a fire in the last Game-why not a cave now? Come on, try. Just imagine the rock wall melting, imagine your hand moving through it. †¦ But it didn’t work. As she’d suspected before, here in the Shadow World, Julian’s illusions were too strong to be broken. He was the master here. Which meant she was stuck, unless someone came to help her. Okay, then. Yelling time. She made herself shout. And again, and again. She even picked up a fist-size rock that lay at the bottom of the pile and banged on each stone wall, slowly and rhythmically. In between each burst of noise, she listened. There was absolutely no sound in answer. At last, with the flashlight nearly out, she sat down with her back against the boulders, drawing her arms and legs in like an anemone. Then the whispering began. It started so softly that at first she thought it might be the blood rushing in her ears. But it was real. The voices were distant and musical-and menacing. What they were saying was too indistinct to be made out. Shoulders hunched, Jenny turned her head slowly, trying to locate the sound. And there, in the darkness, she saw eyes. They glowed with their own light, like foxfire. They were cold, ravenous. She recognized them from her grandfather’s closet. The Shadow Men. The Shadow Men were here with her. Their eyes seemed to stare out of the wall itself. They were in the rock, somehow. Jenny felt the hairs on her arms erect, felt a prickling that ran from her little fingers to her palms and all the way up to her elbows. A primitive reaction to what she saw in front of her. Everyone, everywhere, knew about the eyes, she thought. Underneath, everybody really knew, even though people tried to suppress the knowledge in the daytime. At night sometimes the knowledge burst out-the sense of watching eyes that shared the world with humans. Eyes that were ancient and infinitely malevolent and that had no more concept of pity than a wasp or a T. Rex. Except that they were gifted with intelligence-maybe more intelligence than humans. Which made them doubly terrifying. And they want you terrified, Jenny. So just keep your head. They’re here to scare you, but they won’t do anything to you. But they’re whispering†¦ . Such a juvenile thing. They were whispering gibberish-and it frightened her sick. Distorted, unnatural sounds. Like records played backward, at low speed. She couldn’t help listening and trying to make sense of it-even while she was terrified of doing just that. She didn’t want the gibberish to make sense. Then, to her surprise and vast relief, the eyes went out. They didn’t fade away as much as seem to recede across some great distance. The voices lingered for a moment and then died. Thank you, Jenny thought fervently, leaning her bent head on her knees. Oh, thank you. The silence seemed almost welcome now. Then she heard another sound, a liquid rippling that the hissing voices had obscured. She turned the dying flashlight toward the wall with the steps, where the eyes had been. Then she jumped up with a gasp and brought it closer. The steps-were moving. No. As she brought the flashlight right up to the wall she felt a splash of wetness against her hand. The steps weren’t moving, they were just covered with water. Water was flowing down the rock staircase, smooth as glass. Just like the waterfalls in the mine ride. Only faster. It was pouring in a steady sheet all along the width of the crack-maybe three or four feet. It was flooding out like a hotel fountain. Strangely, it seemed just an inconvenience at first, and not nearly as scary as the eyes had been. Jenny didn’t recognize it as a danger until her feet were soaked. It’s not flowing out through the boulders, she realized slowly. Weird. They must be really packed to be sealed. Or maybe there’s just a blank wall behind them and only the ceiling was open when I fell through. But now even the ceiling’s blocked up. And that water’s still coming. †¦ It was coming, and faster every minute, and icy cold. Her feet were actually numb inside her hiking boots. Too bad I lost the fanny pack-I had those Baggies for wading, she thought, and then she realized that she was going to die. This was a sealed cavern. Sealed. Smaller than her bedroom and filling up faster than her dad’s swimming pool. The water was going to come in and in- -and where will the air go? she wondered, stumped for a moment by this problem in physics. For a moment she thought she was saved. If the air couldn’t get out, no more water could get in. But there was probably room for the air to go out the ceiling, beyond the boulders somewhere. Up in some place Jenny couldn’t find because the flashlight was completely dead now. She was standing in darkness, with water rising around her calves, and if she tried to climb those boulders blindly and pull at them, they would crush her. And if she didn’t, she would eventually be left with her mouth up against the ceiling, gasping for the last tiny breath of air before the water took her. She wasn’t hysterical, but thoughts were rushing through her mind with dizzying speed. She was remembering the flooded-cavern scene in the mine ride above, and the clawed hand reaching above the boulders. And she thought she knew what some of the whispering voices had been saying. â€Å"Die †¦ die †¦Ã¢â‚¬  So that had been the meaning of Julian’s little smile†¦ . The oddest thing of all was that, even as the water rose higher and higher, she couldn’t seem to bring herself to believe it. Julian wanted her dead? Oh, it shouldn’t be surprising-he was evil, wasn’t he? Completely evil. And he’d been in a fury when he left. But-dead? The water was around her thighs now. It was cold-painfully cold. What a waste it had been to dry her jeans off earlier. Without consciously knowing how she’d gotten there, she found herself kneeling on one of the waterfall’s steps, pressing her hands against the crack, trying to stuff a rock inside. It did no good at all; she could feel the water gushing out in the dark, chilling her hands. Maybe Julian just wanted to humiliate her-to frighten her until she begged for help. But, no, that didn’t make sense. Julian knew she wouldn’t beg. She wouldn’t give in to him. He’d found that out when he’d set the bees on her in the first Game. Jenny had been willing to die then rather than surrender to him. And so he must know she would be now, and so he must want her dead, really dead. Unless – Jenny wouldn’t have thought it possible for her to become more frightened than she already was. She’d have thought there would be some limit, that her mind would go numb. But although her body was numbing with cold, her mind was suddenly reeling with a new idea that made sheer black horror sweep through her. What if Julian didn’t know? What if he weren’t the one doing this? Julian had stormed off in a rage-and then they had come. What if this water was their doing? She’d be dead before he found out. The thought resounded in her mind with a queer certainty. Julian had been at odds with the other Shadow Men once before-when five-year-old Jenny had first opened her grandfather’s closet. The other Shadow Men had wanted to kill her, their lawful prey. But Julian had objected. He’d wanted her, wanted her alive. And she’d stayed alive, because her grandfather had given himself up to them. But now †¦ Now, she thought, they’re finishing the job. And Julian doesn’t know. It was odd, but she was suddenly sure of that. Julian might be evil, but the other Shadow Men were worse. More twisted, more malign. In the paper house, Julian had controlled everything-but she wasn’t in the paper house now. She was in the Shadow World itself, and all the Shadow Men were masters. The water was up to her neck. So cold, Jenny thought-and then the idea came. What if it got more cold-ice cold? Julian had conjured up a torch with the torch rune, Kenaz. So, maybe – She was so numb she hardly knew whether she was crawling or floating, but she found the top step and she found the rock she’d tried to stuff in the crack. She was blind, but she could feel the wall, and the rune she wanted was the simplest shape imaginable. Just one stroke, up and down. A capital without any bars. The ice rune, Isa. She scratched it directly over the crack, directly in the flow of water. And then, blind and almost paralyzed, she waited. It was too cold for her to tell at first if it worked. But then she felt jagged sharpness instead of the smooth numbing gusher. The flow over the rune Isa had become a frozen waterfall. Although the water around Jenny remained liquid, it had stopped rising. I did it! I stopped the water! It’s ice, beautiful ice! She sucked in deep breaths of air excitedly, not afraid to use it up any longer. Oh, God, it was good to breathe. And the rune, the rune had worked for her. She couldn’t control the Shadow World with her mind, but the runes worked for anyone. It was only after a few minutes that she realized she was going to die anyway. Not by drowning-or at least not entirely, although that would come at the end. She was going to freeze to death. It was too cold-had been too cold even before she had frozen the waterfall. Being here was like floating in the ocean the night the Titanic had sunk. She was going to die of hypothermia-lose consciousness and sink. And then drown. And there was nothing at all she could do about it. She was already too weak when her stupefied mind stumbled upon the idea of the torch rune. Kenaz. If she could remember it-if she could find her rock-or move her fingers †¦ But the rock was gone and her fingers were too anesthetized and her brain was fogging up. Blanking out gently, almost like the beginning of sleep. Kenaz †¦ she waved the frozen lumps of flesh that were her hands vaguely under the water, but of course no torch appeared. Water could be frozen into ice, but not kindled into fire. She couldn’t change the rules of the elements at her whim. Disconnected scraps of thought drifted through her mind. It didn’t hurt much anymore. Not so bad. And nothing seemed so urgent-whatever had been bothering her moments earlier wasn’t as important now. Help. She had a vague feeling that she might call for help. But it seemed-it seemed there was some reason not to. Wouldn’t hear me. That’s it. Was that it? He wouldn’t hear me anyway. Too far away. It didn’t matter now. Nothing mattered. How to cite The Forbidden Game: The Kill Chapter 6, Essay examples

Constitutional Dialogue in Common Law Asia -Myassignmenthelp.Com

Question: Discuss About The Constitutional Dialogue In Common Law Asia? Answer: Introduction Every nation has a different kind of legal system. Some of the nations follow a combination of two or a higher number of legal systems, which results in mixed legal system; and there are other nations which adopt only a single kind of legal system. In Malaysia, there is a mixed type of legal system which covers common law, customary law and the Islamic law. The source of the Malaysian legal system comes from the two different laws, i.e., the written law and the unwritten law (Brooker and Wilkinson, 2010). The law of the nation is based majorly on the common law legal system. The reason for this is the colonization between the starting of 19th century to just over middle of the century of Malaya, North Borneo and Sarawak, by Britain (Jackson, 2006). The Constitution of the nation covers the legal rights of the citizens off the nation and also the legal framework. The federal laws in the nation are enacted by the Malaysian Parliament and are applicable across the nation. The state legislative assemblies enact the state law, which apply across the particular states. Through the Malaysian constitution, a unique dual system is presented, which not only provides the sharia laws but also the secular laws, which includes both civil and criminal law (Saha, 2010). This discussion is focused on highlighted these very sources of the Malaysian law, the role played by them, and how they shape the present legal system of the nation. In doing so, the sources of Malaysian law, and the manner in which these are applied in the present day laws of the nation would also be elucidated. This would help in getting a clear understanding on the role and significance of the sources of Malaysian law. Background Before Malaysia got its independence in 1957, the majority of laws of UK had been imported and were made in the local legislation, or were simply applied as being the case laws. The law of the nation also takes inference from other jurisdictions, particularly from India and Australia. The Criminal Procedure Code, which is the criminal law of the nation, is based on the Indian criminal code. Again, the Contracts Act of the nation is based on the model of India. The land law of the nation is inferred from the Australian Torrens system (Noordin and Keng, 2018). As stated earlier, the federal constitution is the supreme law of land (Ahmad, 2018). It gives forth the legal frameworks for the courts, laws, legislations, and the other administrative aspects of law. This very document defines the monarch and the government, along with the powers they have, and also the rights which the citizens get. The laws of the nation have been split in written and unwritten categories. The written laws a re enacted through legislations and constitution; whilst the unwritten laws are such laws which are not covered by any of the statutes, and are found in the decisions of case laws. These are also known as the common law (Hamzah, 2009). Where such happens that a specific situation is not governed through any law, the common law can be applied. In such a situation where even the common law of the nation is not applicable, the English case laws can be applied. At times, the Singaporean, Australian and Indian cases are made use of as being the persuasive authority (Hang and Jacobson, 2017). There is a need to attain clarity on what exactly is the meaning of sources of law, before the Malaysian sources of law are elaborated on. There are different meanings given to the sources of law. The historical sources, which indicate the factors which influence the development of law, but have not been recognized as being the source of law, are also the source of law. For instance, the influence of religious practices, beliefs, opinion of jurists and local customs on development of law are not law per se, but do play role in the formation of law. The same could also refer to the places where law can be found, and the examples of it include the decision of courts, textbooks, statutes and law report. However, in majority of cases, the sources of law refer to the legal sources, which are the legal rules which create the law. And this is the meaning which has to be adopted, till the time otherwise is provided (Sundaram, 2008). Sources of Malaysian Law and its application The sources of law of Malaysia refer to the legal rules which create the laws in the nation, and which can be classified in written and unwritten. This classification though, needs to be treated in a careful manner, as the same was created just for simplicity sake and cannot be deemed as legal classification. Just because it is stated that there is unwritten law, it does not mean the same in literal sense. It simply refers to the part of Malaysian law, which has not been enacted through the legislature, be it by state assemblies or the parliament, and which has not been found in the constitutions, irrespective of it being the state one or the federal one. Such un-enacted law can be found in the case laws which have been decided by the courts and the local customs, which means that the entire non statutory laws. Conversely, the written law makes reference to the law which is embodied in the constitutions of federal and state, and in the statute or the code, which includes the delegate d or the subsidiary legislations (Atikah, 2018). Written Law The written law is the most significant source of law in the nation. It is divided in four different categories, which includes the federal constitution, the state constitution, the legislation and the subsidiary legislation. Federal Constitution The highest legal authority of land in the nation is the Federal Constitution. The constitution had been drafted back in 1956 by the Reid Commission, where there were five representatives from India, Australia, Britain and Pakistan. After the nation got its independence on 31st August, 1957, the constitution came into force. It covered fifteen parts, thirteen schedules and 183 articles (Aun, 1999). Under Article 4(1), it is provided that the constitution is the main or the supreme law of federation, and any such law which had been passed after the Merdeka Day, where such law was not consistent with the constitution, would be void, to the maximum extent off such inconsistency. Under Article 159 and Article 161E, the provision for allowing the constitution to be modified have been provided, and it also provides that for modifying this, there is a need for getting two third majority in both of the houses of Parliament (Yap, 2015). State Constitution There is a similarity between the federal constitution and state constitution, save for the fact that the latter is set by the states in the nation. The federal constitutions 8th schedule provides some provisions which have to be included in state constitutions like the members of state executive, state legislative assembly, finance, role of Yang di Pertua Negeri or Sultan, and etc. Under Article 71, it is provided that all of the state constitutions have to cover their provisions, or eels such provisions would b enforced by the Parliament, or they would abolish any of the provisions covered under the state constitution, where there is a contradiction with such provisions (Mathews, 2014). Legislation The laws which are created by the state legislatives at state level and the parliaments at federal level are the legislations. The federal constitution gives the legislative authority in the nation, where it mentions the scope of the state assembly and the parliament. Where the law is made by state assembly or parliament, which is not within the scope of authority of it, or is contradictory to the constitution, the courts have the power of declaring it as null and void. Article 74 of the federal constitution provides that the parliament can create the laws by making reference to the matters which are given under the federal list, and the state legislatives could make the laws by making reference of such matters which have been provided under the state list (Aldohni, 2011). Through the concurrent list, the scope of enactment by both state legislatives and parliament is provided. These three lists have been provided under schedule 9 of the federal constitution. Where there is any contr adiction in between the state and federal laws, the federal law would prevail and the state law would be void owing to the inconsistency scope (Harding, 2012). Subsidiary Legislation The parliament could pass the power of legislating subsidiary legislation during the time of emergency, and also when there is a contradiction with involvement of federal constitution, owing to the exceptions covered under article 150. Here, reference needs to be made to the case of Eng Keock Cheng v. Public Prosecutor [1966] 1 M.LJ. 18. This case had the plaintiff, i.e., Eng Keock Cheng being convicted for committing two offences when the emergency period was going on and had been ordered to put to death. He made an appeal on grounds that there was neither any preliminary enquiry nor was there a jury adopted by the High Court, which was required based on the Criminal Procedure Act and claimed that the procedures covered in the Emergency (Criminal Trial) Regulations, 1964, had been invalid. This was due to the fact that it was contradictory to Article 8 of the federal constitution. The judges held that the parliament could pass the power of legislating any of the subsidiary legislati on during the time of emergency, even when there was any kind of contradiction with the federal constitution which was involved, owing to certain exceptions covered under its article 150. This ultimately led to the appeal being dismissed (Faruqi, 2005). Unwritten law The unwritten laws are the ones which have not been enacted and which cannot be found in any of the constitution. It covers the English law, i.e., equity and common law, the customs and the judicial decisions. The common law is a key part of states, particularly of commonwealth nations. It consists of non-statutory law, which are the precents taken from the verdicts of cases. The law of equity helps in solving the disputes in between the individuals, by making reference to principles of justness, fairness and equality. Such cases involve nothing being done against the law, just their rights become conflicting. This is thus varied from statutory law, and covers opinions and precents of real cases (Chang et al, 2014). English Law English law is particularly important for the commercial law of the nation (Tham, 2007). Civil Law Act, 1956, under section 3(1)(a) provides that the common law and the law of equity, as was administered in England, has to be applied by the courts in Peninsular Malaysia. Section 3(1)(b) provides that the courts in Sabah and Swark have to apply these laws with the statues of general application as administered by England (AGC, 2006). However, it does not provide that these laws need to remain untouched and follow the same law as is administered in England. There is a need for the law of equity and common law in the nation to be modified and developed based on the local needs. Along with this these laws need to consider the changes made in such laws in England. Though, the government of the nation is free to set their own scope for amending or repealing these two laws in the nation (Mohamad and Trakic, 2015). In the legal matter of Commonwealth of Australia v Midford (Malaysia) Sdn Bhd [1990] 1 MLJ 475, it had been established that the doctrine of crown immunity or sovereign, which had been developed in the English Common law after the year of 1956, had to apply in the nation. It was also provided that any kind of developments in the common law of England after the year of 1956 had to be applicable in the nation (Hamid and Sein, 2006). The landmark case of Smith Kline French Laboratories Ltd. v. Salim (Malaysia) Sdn Bhd [1989] 2 CLJ 228 provided that the courts had the authority of putting aside any law of equity or the common law, which could not be applied in Malaysia (Law Aspect, 2018). Another important case in this matter is that of Jamil bin Harun v Yang Kamsiah [1984] 1 MLJ 217. In this case, it was held that the courts had the authority of deciding whether there was a need to follow the federal law, or the English law, based on the situation which was present, and the scope of wr itten law permitting to do the same (Mohamed and Halim, 2018). The common law can be applied even in the absence of the local laws. The local law is given regards as is the English law. The English law would only fill up the lacuna where the local legislation was absent. Only the relevant party which suits the requirements of the locals and based on the situation present are applied. Malaysia has different races, and each one has their own customs, which are varied from the English law. Where the entire English law is imported, it would mean that the sovereignty of local race is impacted (Mustafa, 2011). To further elucidate this, reference needs to be made to Syarikat Batu Sinar v UMBC Finance [1990] 2 CLJ 691. This case had the issue of double financing taking place when the endorsement of ownership claim of first purchaser was not covered in the vehicles registration card. The first purchaser attempted to get the possession of vehicle and was sued by the plaintiff. They claimed that the defendant did not have the entitlement to this particular vehicle. The court held that under the English law, there was a need of endorsement of ownership claim in the registration card, but the laws of Peninsular Malaysia did not place any such requirement of the endorsement to be attached with the vehicles registration card. This required the law of endorsement of ownership claims of the nation applying on local situations, to be differentiated from the English law (Crown, 1991). Judicial decisions The judicial decisions have their basis on the doctrine of binding precedent. Precedents refer to the verdict given by the judges in like situations. There are two categories of precedents, i.e., mandatory and persuasive. The persuasive precents on are the ones which are relevant or useful for a specific case. These are not mandatory for the judges to apply. Further, these can be binding on the lower courts, where the judges of the higher courts decide to apply the persuasive precedent (Hamzah, 2009). The mandatory precedents the other hand become applicable where the superior court decision becomes binding on the lower courts or where such higher courts become bound by their previous rulings. Though, the decisions given by the lower courts are not binding on the higher courts. There is a need for the local courts to refer to mandatory precedents of the higher courts. Though, the higher court judges differentiate the cases before them and the cases in precedents, and can chose not to follow such mandatory precedent, where they feel that such mandatory precedents are not related to the cases put before them. This results in an original precedent being created (Hamzah, 2009). Customs Another important source of the unwritten law is the customs. These are inherited on generation basis. Every race has their customs. For instance, Hindu customs are governed by Hindu Customary Law and Chinese customs are governed by Chinese Customary Law. The natives in Sarawak and Sabah, also, have their own customary law, related to family and land matters. There is applicability of Adat on Malays, which has two kinds, i.e., Adat Temenggung and Adat Perpatih. Adat Perpatih applies to Naning and Negeri Sembilan and has its unique features like matrilineal form of organization; whilst Adat Temenggung is applicable in other states with varied features like patrilineal form of organization. Adat Perpatih is basically related to the matters of lineage, land tenure, election of members of YDP and lembaga, and inheritance. This system is based on the lineage of mothers and involves property being inherited in the names to the daughters from the mothers. Adat Temenggung follows the system based on lineage of fathers, and covers the inheritance of property from fathers to sons. With the creation of the Law Reform (Marriage and Divorce) Act 1976, the enforcement on matters of inheritance, marriage and divorce has been given to the family result. Owing to these reasons, the Hindu and Chinese customary laws have lost their effect, as being a key source of the unwritten law in the nation (Law Aspect, 2018). Islamic Law Islamic law only applies on Muslims and has been enacted through the Federal Constitution. The powers and permissions of making Islamic laws related to individuals professing Islam as religion are given to the state legislatures (Aziz, 2009). The Shariah courts administer these laws. This source of law further has two sources. The primary source is Quran, representing the word of allah, and Sunnah, which are the rules deduced from traditions; and the secondary sources are Ijma, which shows the consensus of jurists of any specific time on judicial rule, and Qiyas, which are the deductions from reasoning by analogy (Bhala, 2011). Conclusion From the discussion carried in the previous sections, a conclusion can be drawn that there are different sources of law in the Malaysian legal system. Yet, the common law continues to play a crucial role in the nation and new legislations are enacted based on the changing situations. A majority of new unwritten law have their basis in the legislation of other commonwealth nations. There is also a crucial role played by the judges in the interpretation and in giving the requisite meaning to the written words, which cannot be denied. There are other laws like the Islamic law and the customs law, which contribute as being the source of law in the nation. In case where there is a clash between two laws, the rules have been created on supremacy of particular law. All in all, the sources of Malaysian law are quite varied, which provide a diversified portfolio to the legal system of the nation. This uniqueness is then applied in making the present day laws, and in amending or repealing them . References AGC. (2006) Laws Of Malaysia. [online] Available from: https://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%2067.pdf [Accessed 07/03/18] Ahmad, S.S.S. (2018) Introduction to the Sources of Law in Malaysia. [online] Available from: https://www.nyulawglobal.org/globalex/Sources_Law_Malaysia.html [Accessed 07/03/18] Aldohni, A. K. (2011)The legal and regulatory aspects of Islamic banking: a comparative look at the United Kingdom and Malaysia. Oxon: Routledge. Atikah, S. (2018) Discuss The Legal System And The Sources Of Law In Malaysia. [online] Available from: https://www.academia.edu/28014507/DISCUSS_THE_LEGAL_SYSTEM_AND_THE_SOURCES_OF_LAW_IN_MALAYSIA [Accessed 07/03/18] Aun, W. M. (1999) The Malaysian Legal System. Petaling Jaya: Longman. Aziz, S.A. (2009) The Malaysian Legal System: The Roots, The Influence And The Future. Malayan Law Journal Articles, 3. Bhala, R. (2011)Understanding Islamic Law. Chatswood, NSW: LexisNexis. Brooker, P., and Wilkinson, S. (Eds.). (2010)Mediation in the construction industry: An international review. Oxon: Routledge. Chang, W.C., et al. (2014)Constitutionalism in Asia: cases and materials. Portland, OR: Bloomsbury Publishing. Crown, B. C. (1991) Case of The Twice Sold Caterpillar: Syarikat Batu Sinar Sdn. Bhd. v. UMBC Finance Bhd.Singapore Journal of Legal Studies, pp. 197-203. Faruqi, S.S. (2015) Constitutional Interpretation in a Globalised World. [online] Available from: https://www.malaysianbar.org.my/constitutional_law/constitutional_interpretation_in_a_globalised_world.html [Accessed 07/03/18] Hamid, A.G., and Sein, K.M. (2006) Judicial Application of International Law in Malaysia, an Analysis. [online] Available from: https://www.malaysianbar.org.my/international_law/judicial_application_of_international_law_in_malaysia_an_analysis.html [Accessed 07/03/18] Hamzah, W. A. (2009) A First Look at The Malaysian Legal System. Shah Alam: Oxford Fajar Sdn. Bhd. Hang, K.H., and Jacobson, B. (2017) How Global is the Common Law? A Comparative Study of Asian Common Law Systems Hong Kong, Malaysia, and Singapore. Asian Journal of Comparative Law. doi:10.1017/asjcl.2017.17 Harding, A. (2012)The constitution of Malaysia: a contextual analysis. Portland, OR: Bloomsbury Publishing. Jackson, A. (2006)The British Empire and the Second World War. London: AC Black. Law Aspect. (2018) Sources of Law in Malaysia. [online] Available from: https://lawaspect.com/unwritten-law/ [Accessed 07/03/18] Mathews, P. (2014) Chronicle of Malaysia: Fifty Years of Headline News, 1963-2013. Singapore: EDM. Mohamed, K., and Halim, R. (2018) Topic 2: Contract Law. [online] Available from: https://portal.unimap.edu.my/portal/page/portal30/Lecturer%20Notes/KEJURUTERAAN_BIOPROSES/Semester%202%20Sidang%20Akademik%20201520161/EUT%20440%20ENGINEERS%20IN%20SOCIETY/EUT440%20LAW%202%20Law%20of%20Contract.pdf [Accessed 07/03/18] Mohamad, T.A.H., and Trakic, A. (2015) The reception of English law in Malaysia and development of the Malaysian common law. Common Law World Review, 44(2), pp. 123-144. Mustafa, M. (2011)Environmental law in Malaysia. The Netherlands: Kluwer Law International. Noordin, S.M., and Keng, L.P. (2018) An Overview of Malaysian Legal System and Research. [online] Available from: httphttps://www.nyulawglobal.org/globalex/Malaysia.html [Accessed 07/03/18] Saha, T. K. (2010)Textbook on legal methods, legal systems research. Petaling Jaya, Malaysia: Universal Law Publishing. Sundaram, J. K. (2008)Law, institutions and Malaysian economic development. Singapore: Nus Press. Tham, C. (2007) English common law still needed. The Sun. Yap, P. J. (2015)Constitutional Dialogue in Common Law Asia. Oxford: Oxford University Press, USA.

CERA - Performance Measurement Case Study Free Sample

Question: Discuss about the Performance Measurement in CERA. Answer: Introduction: This assignment is intended to demonstrate the individual performance measurement scheme of the CERA, which is one of the consulting companies that provide their consultation regarding the civil construction. As stated by Sanchez et al. (2015), performance management mainly includes different types of activities that ensure that the organizational goals can be consistently addressed in most efficient and appropriate manner. It is seen that CERA has achieved the competitive advantage for their qualified as well as skilled consultants who are useful in their field. Some of the senior level managers of the company are well convinced regarding their effective HR practices, but some of the managers still think that their organization do not have the effective HR practices to measure the individual performances of their employee. Therefore along with showing the limitation in the individual performance at the CERA, this assignment also provides a recommendation regarding the performance me asurement approaches by applying which the company can get an extensive and more efficient human resource. Limitation in the individual performance measurement of the CERA: To manage performance most effectively in CERA, it is imperative to measure the employee performance with more effectiveness by facilitating the close monitoring. As per the viewpoint of Ferreira Otley (2013), performance measurement can be defined as the process of the collection, analysis and report the evidence related to the fulfilment of the group, individual, system or the organization. Mainly an effective performance management system has five different parts such as defining the expectation regarding the performances, facilitating the performances, encouraging the employees to achieve the optimum level of performances, performance measurements and proving feedback to the employees regarding their performance. However, it is that CERA set some objective for their employees and asks them to achieve this. Therefore, they measure the employee performance by reviewing how many objectives they are achieving with quality. For example, to assess the performance level of the junior c onsultants they facilitate the performance appraisal by following the management by objective strategy. As per the viewpoint of Tseng (2014), management by objective is one of the model regarding management that mainly improves the performance of any organization by defining several objectives, which are agreed by both the employees as well as management. Moreover, to achieve those objectives they treat their employees like a school student because here the involvement of the senior level management is very high. They provide a brief and sufficient knowledge to their employee regarding how they can achieve those objectives, but by following this strategy, they do not get any sufficient knowledge regarding individual employee performance (Mayer Davis, 2012). However, this strategy of them makes their organization to achieve more and effective output, but this strategy is not sufficient to produce highly effective and experienced employee. Along with that, this strategy suppressed the innovation capability and individual performances of the employee. CERA facilitates the performance management in their company to encourage the employees. The senior level managers have observed that the CERA is effective to achieve a good level of productivity, but they do not have any effective motivation technique by which they can retain their experie nced employees. Therefore, there are high levels of possibility that after sometimes depression can be generated among employees. To reduce the chances of that, they need to involve an effective level of performance management system. Moreover, after measuring the performance, they apply a wrong strategy to provide employees with a reward (Boland Fowler, 2011). They provide more facilities or more financial reward to their senior level employees rather than their junior level employees. Therefore, this creates tremendous dissatisfaction among the employees. Therefore, it can be said that there is a misalignment among their organizational objective and their actual performances. CERA advertise their organization as one of the specialist's companies who has excellence compensation strategy for their employees. However, it has been observed in the present situation; CERA do not have any excellence in the compensation strategy, and they do not provide compensation based on the performan ces of the employees. This is because; they think that they can get more effective output from their senior level employees. Their ineffectiveness to provide preferences to their lower level employee may create a sense of de-motivation among the employee so that there is a high level of possibility that affords of the employee can be decreased gradually (Brignall Modell, 2010). Additionally, it is also observed that CERA does not have any active feedback strategy that any company provides to their employee so that their employees can correct their performance and assists their company to achieve their pre-determined level of returns. In the case of CERA, it has been observed that they do not have any active feedback strategy. As stated by Kaplan Norton (2013), feedback can be provided in oral or written mode and offers different advantages to both the employees as well as the company. The main benefits of effective feedback are it helps both the company and employee to improve the performances. Along with that it boosts the employee retentions and decreases employee turnover. Therefore, employee loyalty can be increased by following a feedback strategy (Folger, Konovsky Cropanzano, 2011). Moreover, effective feedback reduces the cost due to fewer requirements of the training and development and increases the sales of a company. From the case of CERA, it is seen that they have very few employees; therefore, if they do not follow an effective strategy to handle their performances then they may face huge problems regarding employee turnover in their near future. One of the effective rationales regarding the re-boot ing of the performance management scheme of the CERA is identification and elimination of weaknesses in the traditional approaches that they mainly follow. Their performance management system must be effective to provide a timely as well as meaningful feedback to their staffs (Yahya Goh, 2012). Another limitation in the CERA is the higher level management does not take feedback from the lower level employees because they do not have any believe that the lower level employee can provide an effective feedback that can support their company to achieve a better level of output. However, taking feedback from different sources such as customers, subordinates, and peers can develop the innovativeness of any company. Recommendation regarding measurement approaches and different indicative methods: It is seen that CERA only follow the management by the objective approach. Therefore, it is highly imperative for them to follow more efficient performance appraisal process by which they can judge the employee performance with more effectiveness and can provide them with the effective feedback by which they can lower their weaknesses. As the senior level management are very much effective to monitor their employees closely so that they can implement the 360-degree performance appraisal process. As stated by Levy Williams (2014), 360-degree performance appraisal feedback is one of the processes that is utilized by any company to collect information regarding their employees from different sources to assess the work related behaviour of the employee. I order to facilitate the 360-degree feedback in the business; CERA can take the feedback from the immediate boss, supervisor and the peers. CERA can also solicit the feedback from different external sources that regularly interact with their employees. After the implementation of the 360-degree feedback in the company, CERA can assess the actual behaviour of their employees. After that, it is highly important to provide feedback to the employee regarding their performance so that their strength can boost and weaknesses can decrease. As opined by Alimo?Metcalfe (2012), the 360-degree appraisal can help the CERA to measure several things such as it helps to measure the competencies as well as the behaviour of employees. Moreover, it focuses on several areas such as character, leadership and teamwork. Along with that, it helps the upper-level management to conduct the planning and set their business related goals. As per the viewpoint of Bohl (2013), 360-degree performance appraisal also helps the employees as well as management to identify the business related objectives by improving the communication among the employee and employer. Additionally, 360-degree performance appraisal helps the organisation to focuses on their core competencies. However, there are several issues involved in 360-degree feedback that is this tool is not customised according to the requirement of the company. It is imperative to take information from different stakeholders of the enterprise because it enriches any business with the different innovative idea that helps them to facilitate more growth. However, there is one of the disadvantages of the multisource information because it may generate the conflict in the company (Carless, Mann Wearing, 2015). Therefore, before taking the multi-source feedback, CERA must be careful regarding that. Therefore, to make this tool more useful, it is important for CERA to customize the tool according to the need of the company. Moreover, manipulation of the employee to provide a rating to the employee may lead some biases because this process can be partial in some cases. There are enormous possibilities here that higher level manager can provide more efficient feedback regarding those employees with whom they have the practical relationship (Brutus, Fleenor London, 2016). Along with the 360-degree performance appraisal method, it is also important for CERA to follow the behaviourally anchored rating scale. As per the viewpoint of Murphy Constans (2014), behaviourally anchored rating scales rate the performance of any employees based on some specific criteria. This performance appraisal process is mainly presented in the vertical mode by involving the point in the scales up to 9 from 5.As opined by Saal, Downey Lahey (2012), this performance appraisal procedure merges the benefits of critical incidents, narratives as well as the quantified rating in the company to assess the employee performance against different criteria such as poor, good and moderate. Rather than graphically anchored rating scales, behaviourally anchored rating scales are more efficient because it helps the organization to eliminate some of the rater error. There are several advantages for which CERA must follow the behaviourally anchored rating scales which is it reduces the pote ntial for the biased responses in the company. Along with that, this performance appraisal process only measures the observable as well as specific behaviours. Moreover, it is effective to provide the standard as well as specific comments regarding the fulfilment of the job. As a contrast to different traditionally rating scales, this rating scale provides more accurate evaluation regarding the performances as well as the behaviour of the target persons. This effective tool also has some disadvantages that may create some problem for the managers of the CERA.As mentioned by Bernardin Smith (2011), the main drawback is this performance appraisal process requires only effective and skilled staff. Moreover, the performance measurements tool require huge time alongside it is very complicated too. BARS are mainly dependent upon the aptness and the precision of different anchored statements. Moreover, the frequent update is mandatory along with the change of the job requirements. During designing the performance appraisal process, the HR manager of CERA must consider different types of error that are mainly occurred in any company. Rater errors are the error that took place during the performance measurement procedures. As stated by Bernardin Walter (2013), rater error can be described as the credibility as well as the accuracy regarding the measurements of the performances. Rater errors are the human error which is very much common in any performance appraisal process because anyone cannot tell that any performance appraisal will be effective shortly. Different types of rater errors are a halo effect, leniency error, recency error, similar to me error, central tendency error etcetera. After implementing the proposed performance appraisal process, CERA may face problems due to below mentioned the reason. Halo effect error may occur in the CERA if the HR managers rate the dimensions of the performances either based on the positive or the negative rating. This is one of the errors because in this method there are not any rating criteria to judge the performance of employees who have scored the middle-level performances. Due to leniency error, the manager of the CERA may give the low end of the scale if they have achieved the middle position on the range, which called the negative leniency. The manager may also provide high end of the scale to the employees whose performances is in the middle position of the scale that is called the positive leniency. Along with that, recency error in the performance appraisal process of the CERA may occur if the HR manager rates any employee based on the recent incidents regarding any employees. As opined by Borman, Hough Dunnette (2012), central tendency error may be happened in the CERA, if the HR manager may rate the employee with higher performance by the average performance. HR manager may do an entirely wrong judgment to the subordinate employees if they can judge the lower level of employees base d on perspectives of other employees, which is called similar to me an error. Conclusion: The above facts can conclude that for achieving adequate performance, an effective performance management system is necessary. This is because effective performance management system always generates a productive organisation with efficient, skilled and motivated employees. The above fact also concludes that remuneration must be provided based on the performance so that the involvement of effective performance appraisal process in necessary. Performance appraisal process not only helps the organization to understand the capability of their employee but it also helps the employees to eliminate their present weaknesses and develops their strength. It has also becomes clear that as an innovative company, they are suppressing the innovative capability of the lower level staff. Moreover, they do not take feedback from the customers to provide consultation to them, which creates problem to understand the actual needs of the customer. In this context, performance measurement approaches beco mes evitable. The analysis in the report clears the fact that before implementing 360 degree appraisal system in their company, CERA must arrange a meeting with their employee where they should instruct their employees how they should provide feedback to a particular employee. On the other hand, it becomes clear that at present, there is not any rater error that is happening in the CERA because of the absent of their effective performance appraisal method, but it can be generated in the later time if the HR manager takes the performance appraisal process too casually. Further, it is found out that It is seen all of the modern organization provides feedback on the performances by facilitating an efficient performance appraisal method so that their employees can get a chance to understand and correct their weaknesses. Therefore, using error detection strategies might be effective in improving the overall performance of the organisation. Reference list: Alimo?Metcalfe, B. 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