Educational Preparation

Write a formal paper (750-1,000 words) discussing the differences in competencies between nurses prepared at the associate-degree level versus the baccalaureate-degree level in nursing. For additional help finding research on this topic, refer to the library tutorial located at in the Student Success Center. Identify a patient care situation in which you describe how nursing care or approaches to decision-making may differ based upon the educational preparation of the nurse (BSN versus a diploma or ADN degree). IntroductionNurses are prepared in two different educational backgrounds, the baccalaureate degree level of nursing and the associate-degree level of nursing. Though they are prepared in two different settings when completion of these programs both sit for NCLEX-RN exam. The NCLEX is the state board to license and RN for competency to work as a registered nurse. There are few differences in competencies between associate- degree nurses and baccalaureate degree level nurses inc luding their level of commitment, leadership skills and their quality of patient care.Education is an infinite process. Every day, new developments emerge and new deceases and remedies discovered. The overall outlook of healthcare professions has dramatically changed in the past few decades. Nursing plays a very critical and important part in efficient care and patient safety. Nurses work shoulder to shoulder with physicians in treatment planning and management. Legal and ethical responsibility of the care provided is also increasingly shared by the Nurses. Nursing profession thus calls for better qualified and well groomed nurses.Even though associate degree programs prepare nurses for patient care in a hospital setting, that training is insufficient for a variety of nursing roles. Comparison Point one-Associate level nursing was established after World War 2 during a nursing shortage. This started at the community colleges; students would have to attend for 2 years to obtain your nursing degree. Community colleges were growing at a fast rate they were able to accept many more students than universities. Associate nurses were taught the skills of nursing to work as an RN.One study showed that when reviewed by managers 86% of ADN nurses met or exceeded their expectation. (EEpg268) Point two Baccalaureate degree programs are help at the Universities, and students would attend these schools for four years to obtain their nursing degree. One study shows that nurses with their BSN are shown to be less task oriented, have critical thinking skills, are more professional in their role, and show more leadership skills. These nurses look at the patient as a whole and not just a list of things they need to accomplish during their day.ADN program is designed to provide the skills and knowledge to become a compliant generalist nurse. In most cases, it is a 20 month program aimed to provide a reasonably good training for the licensure examination (NCLEX-RN) and then an imm ediate, decent staff position in hospitals and inpatient healthcare modern society human being, encompass extensively sophisticated requisites provoking advanced techniques of acquisition directly correlating to health care industry.The health care is intensifying in complexity and observing beneficial amendments. The longevity and expectations have heightened thus nurses are obligate to become educated in higher echelon, the professional baccalaureate level, to comprehensively achieve composite necessities. The professional nurse who graduates with a baccalaureate is primed for broader role in numerous facet of health care in addition to global knowledge of functionality of medical system and diverse methods of application.Enabling the application in daily patient care, the delegation of tasks, independent decision making, secure patient discharge, and numerous other aspects provoking an improvement in quality of care. Research has shown that lower mortality rates, fewer medication errors, and positive outcomes are all linked to nurses prepared at the baccalaureate and graduate degree levels. Education for nurses is life long process either at the bedside or school, nurses are continuously learning to meet the competencies of professional practice and growing demand of excellent care.The difference between the nurse prepared at the associate degree level versus the baccalaureate degree level in nursing is the nurse with baccalaureate degree has the more prestigious degree and training in global aspect of health care Learning in complex systems is, itself, complex. Nonlinear systems confound attempts to develop and enforce simple models of cause and effect, and so traditional, hypothetical-deductive methods to explore cause and effect often fail.We know that in the daily life of parenting, marital relationships, and team sports, where â€Å"continual learning and improvement† replaces â€Å"planned experiment† as an approach for gaining knowledge . Even where firm, cause-and-effect knowledge exists in science-based health care the knowledge, for example, that antibiotic A will almost always kill bacterium B the application of that knowledge runs straightaway into the messy world of complex systems.That is, reliably getting the antibiotic safely into the body of a patient with that germ turns out to be a constant challenge as systems fail (the order got lost), unpredicted side effects occur (the patient is on an incompatible other drug), local circumstances become highly relevant (the drug is unfamiliar to the new doctor), and errors multiply (the bacteriological report was on the wrong patient). The fact is frustrating and inescapable: in health care, as in any complex enterprise, the simple, scientific facts lie fallow without continual Adaptation to local contexts.The modern nurse who intends to improve the job effectively needs to be a master of the work So what is the difference and how will it affect the course of a car eer in nursing In today’s nursing world, more is expected from a nurse than following doctor’s orders and starting IVs. The nurse must be able to make critical decisions about a patient’s care, to question the doctor if orders seem inappropriate and to help the patient through, sometimes, difficult life-changing decisions.These skills take an education that is broad based, one that includes critical thinking and exposure to many different people, thought processes, and culture and societal norms. Two year nursing programs do recognize these needs and address them as they can, requiring liberal arts classes to be taken before entering the program and teaching decision making skills along the way. At every level of nursing, the ability to connect with different people, recognize the pressures they face from their personal environment and find value in each is critical.This is a lot to learn against a backdrop of proficiently performed procedures and giving the rig ht medication. BSN  programs offer more education aimed at developing these skills. These programs bolster knowledge about community and public health issues. There is also more attention paid to nursing management, that is, enhancing skills needed to help â€Å"direct reports† do their best work for the patient and the health care organization. Opportunity to refine patient assessment skills and examine more in depth the pathophysiology of diseases, also sets these rograms apart from their two-year program me Nurses who graduate with a BSN degree will find it easier to enter faculty teaching positions, higher level administrative roles in hospitals or other health care environments and State or Federal level government nursing jobs. And for some, these roles are more satisfying, allowing the individual to affect change at a more global level than one-on-one nursing. While it is true an experienced, talented nurse with an AS degree can move â€Å"up the ladder† into management and leadership roles, the Bachelor’s degree can make the climb a little less steep.And, with all this said, there will always be a critical role for the nurse who works directly with the patient, teaching patients about their health care, assuring quality wound management in the hospital setting and observing patients for signs of a worsening condition. Nursing is a huge and welcoming field. It offers a satisfying career path for both AS and  BSN  trained nurses. Whatever path you have chosen in nursing, the essential wisdom is to continue enhancing your skills and education so that your community, your organization and your patients benefit from your broadened view of the world. ConclusionI know personally from being an RN with my associate degree that I do think differently than other RNs. I find myself worrying a lot about the tasks that I need to finish before my shift ends and not looking at the reasons why I am doing things. I watch other RNs getting why they patient is experiencing these symptoms while I am just following orders and treating the patient. I have seen myself start critically thinking on what my patients need and asking the doctors for different things. References Conceptual foundations the bridge to professional nursing practice 5th edition 2011 American Association of college of nursingRobert Rosseter april 2 2012The Future of Nursing: Leading Change, Advancing Health http://www. nap. edu/catalog/12956. html Aiken, L. H. , Cheung, R. B. & Olds, D. M. (2009, June 12). Education policy initiatives to address the nurse shortage in the United States. Health Affairs Web Exclusive. Accessed June 22, 2009 at http://content. healthaffairs. org/cgi/content/abstract/hlthaff. 28. 4. w646 American Association of Colleges of Nursing (2009). 2008-2009 Enrollment and graduations in Baccalaureate and graduate programs in nursing. Washington, DC: Author. Educational Preparation Educational Preparation juli mar Grand Canyon University NRS 430 12-18-11 Educational Preparation There are 2 common, but different, pathways to receiving a RN license. You can earn a bachelor’s degree (BSN) or an associate degree, (ADN). While there are similarities between the two programs, a BSN takes two additional years of college at a university. Both programs teach nursing skills, electives ,science courses, and clinicals. But, the BSN program is a more in-depth study of nursing research, theory, evidence based practice, management, community, and public health nursing. The baccalaureate program gives the individual the added benefit of having more education. â€Å" No matter which type of entry into practice program one chooses, â€Å"the demands placed on nursing in the emerging health care system are likely to require a greater proportion of RNs who are prepared beyond the associate degree or diploma level. (Recreating health professional practice for a new century. , 1998). Even though the BSN has more education, both graduates are held to the same standards of practice. ADN and BSN nurses must pass the NCLEX exam. They have the same patient workload, responsibilities, and the same starting rate of pay. This brings up the often debate, are their competencies any different ? Mildred Montag created the 2 year associate degree after World War II. Several important goals were attained by the AD programs’ success. It helped train registered nurses to help replace baccalaureate nurses in a shorter time. † A new pool of students, including men, married women with children, and older than typical undergraduates, were now able to choose nursing career† (Creasia & Friberg, 2011, p. 1). Montag assumed these nurses would be assistants to the professional nurses, and since there has been a long debate on whether this degree should continue. The conflict is related to the educational level, leadership, and critical thinking skills of the BSN vs. ADN. Many other countries, Canada, Sweden, Portugal, and the Philippines all require a four year BSN degree for entry level RN. I do believe emplo yers in the United States are moving towards a BSN for entry level as they did before the ADN was developed. In 1965, the American Nurses Association (ANA) designated the baccalaureate degree as the educational entry point into professional nursing practice†(Creasia & Friberg, 1965/2011, p. 4). Most employers have a strong preference for hiring a BSN, as nurses continue to expand their roles and are providing more community based care away from the hospital. Society is also changing and patient needs are becoming more complex as they are living longer, have more chronic illness, and technology advancing. These are reasons a BSN is becoming more apparent in our society today. Does having a BSN mean she/he is more competent over the other ADN ? A BSN is better prepared to meet all the patients needs. They can better assist with teaching in the communities, can take a leadership position, function as clinical nurse leaders( charge nurse), has more advanced critical thinking skills, familiar with nursing research, evidence based practice, and theory. Evidence based practice( EBP), means to back up opinions and practices with facts. Basically, the more we think about what we’re doing and why the better nurses we will be. We learned the importance of this from Florence Nightingale, the founder of modern nursing. She used EBP to improve the conditions of hospitals during the Crimean war. She assessed the environment, collected data, identified interventions, and monitored patient outcomes. In less than 6 months her interventions significantly decreased the mortality of soldiers. Nightingale utilized supporting evidence to transform healthcare(Cooper, 2011, p. 1) With her information, evidence based practice became used and appreciated. Nurses need to know what proven techniques and interventions have been found to be most effective. They can only do this by applying evidence based practice, which is better taught at a BSN level. A BSN can continue to expand their role as a RN, using their BSN as a stepping stone towards, nurse practitioner ,nurse midwife, or nurse anesthetist, if they decide to do so. BSN nurses will find it easier to get faculty teaching positions, higher level administrative roles in hospitals and state or federal level government jobs(Forster, 2008, p. 1). In today’s world more is expected from a nurse than ever before. Nursing practice is not just starting IV’s and following doctors’ orders. The public expects care to be delivered by a professional nurse. The RN must be able to make critical decisions about a patients care, to question the doctor if orders seem inappropriate and to help the patient through some times life-changing decisions. This takes an education that is broad based, one that includes critical thinking and exposure to many different people, thought processes, and culture and societal norms. (Forster, 2008, p. 1). ADN usually cost less and takes less time to complete, but isn’t always the best choice if career advancement is wanted. The quality of our patient care is dependent on our education. Both are wonderful paths for anyone pursuing a nursing career and offer excellent pay, job security, and a wide range of work environments and experiences. References References Cooper, C. (2011). Transforming Healthcare through the use of evidence based practice [journal]. Nursing Excellence, 1(1), 1. Retrieved from http://www. childrenscentralcal. org Cooper, C. (2011). Transforming Healthcare through the use of evidence based practice [online newsletter]. Nursing Excellence, 1(1), 1. Retrieved from http://www. childrenscentralcal. rg Creasia, J. L. , & Friberg, E. (2011). Introduction. In E. Mosby (Ed. ), Conceptual Foundations : The Bridge to Professional nursing practice (p. 4). Retrieved from (Original work published 1965) Creasia, J. L. , & Friberg, E. (2011). Nursing in Institutions of Higher Education. In E. Mosby (Ed. ), Conceptual Foundations: The Bridge to Professional Nursing Practice (p. 41). Retrieved from Forster, H. (2008). ADN vs BSN. Retrieved from http://nursinglink. monster. com/education/articles/3842adn-vs-bsn Pew Health Professions Commission. (1998). San Francisco: Author. Educational preparation There are three main avenues for a person to become a Registered Nurse in the United States. There are diploma programs, associate degree programs (AD), and baccalaureate degree (BBS) programs. Graduates from all three of these programs are eligible to take the same licensing exam and obtain the same registered nurse license in their respective states. Many people, nurses included, have often wondered what the difference is in the education these nurses have received.Is it all the same? Is an RAN an RAN no matter what his/her education level? The primary difference between an AD nurse and a BBS nurse lies within the focus of their nursing education. Recent research indicates that baccalaureate programs focus more on care coordination and community health than do associate programs. One source stated that baccalaureate nursing programs historically provide two to three times more clinical training in outpatient settings than associate programs (Feature 2013).Thus, baccalaureate prepar ed nurses are better equipped to work in these alternative healthcare settings and to provide care to patients who eave the hospital and move on to these alternative settings. The associate degree (AD) nurse holds the same license as the BBS nurse. However, the focus of the associate program education is quite different. City University of New York faculty fellow, Maureen Wallace, Deed, RAN, stated, â€Å"Most AD students get an excellent clinical experience but their education has been heavily skills oriented and focused on acute care. (Feature, 2013, p. 3) The associate nurses' education is geared more towards inpatient, hospital based care. Unfortunately for he AD nurses, this puts them at somewhat of a disadvantage in the current healthcare climate. According to Dry. Patricia Banner (2009), more than 50% of all nurses now work outside of the hospital setting. So while AD nurses may have fantastic clinical skills for acute care, they may not possess critical knowledge needed to educate patients on disease prevention, self-care at home, and utilizing community resources.This apparent knowledge deficit and acute care focused training could significantly impact the way an AD RAN responds to a patient need versus how a BBS RAN might respond. This difference could even negatively impact the patient in the future. This can be demonstrated in the fictitious scenario of Mr.. Smith. Mr.. Smith was admitted to the hospital through the emergency room four days ago with complaints of severe abdominal pain and vomiting fecal matter. He was diagnosed with a bowel obstruction secondary to colon cancer and immediately underwent surgery for tumor removal and bowel resection.He was married with two small children. He had lost a significant amount of weight in recent weeks and was extremely weak. Significant differences in the education level between the AD and BBS nurses can be seen in the way each delivered discharge instructions to this patient. Utilizing her skills and a cute care knowledge base, Nurse AD, focused her discharge instructions on post pop pain management, surgical site infection prevention, dietary restrictions, activity limitations, and the importance of keeping follow up appointments with the surgeon and oncologist.She instructed the patient's wife on how to perform the dressing change, and Mrs.. Smith performed a return ministration reluctantly. Mr.. And Mrs.. Smith nodded politely as Nurse AD provided instructions but they did not ask any questions. They both nodded in agreement when she asked if they understood the instructions. Mrs.. Smith signed the discharge instruction form and Nurse AD advised them to let her know when they were ready to leave so she could call for transport downstairs. Mr.. And Mrs.. Smith were very likely completely overwhelmed at this point, having Just received the new diagnosis of cancer.Mr.. Smith was so weak that he could not perform his own Tall's. Mrs.. Smith as wondering how in the world she was goi ng to get him out of the car once they got home let alone how she was going to bathe him and change his dressing with two small children underfoot. This lack of resources, support, and knowledge could put Mr.. Smith at high risk for re-hospitalizing. Since he will not have adequate assistance at home, he is likely to not follow activity restrictions. He may even fall and injure himself due to his weakened condition. Mrs..Smith probably did not retain much of the discharge education and may not be able to consistently perform an septic dressing change. His surgical wound could become infected. If Nurse BBS completes Mr.. Smith's discharge teaching, the scenario could be much different. Nurse BBS also drew from her educational background. However, hers was more focused on care coordination, community health and illness prevention (The impact of education 2014). She began her discharge instructions by assessing the couple's level of understanding and coping as well as the resources ava ilable to them at home.She asked if Mr.. Smith had a wheelchair for transport from his car to his home. She asked if they had a way to raise the head of his bed or if they had a reclining chair that he could sleep in for comfort and ease of movement. Mrs.. Smith responded by replying that she does not have a clue how to operate a wheel chair or where to obtain one and furthermore, she was not sure she was going to be able to take care of him at all. Nurse BBS identified the need for ongoing skilled nursing care and education. She spoke with the surgeon and obtained an order to refer Mr.. Smith to a home health agency.She delayed Mr.. Smith's discharge for several hours until he home health agency could evaluate him and deliver a wheelchair and hospital bed to his home. Mr.. Smith will now receive nursing care at home to manage his wound and to train Mrs.. Smith on aseptic technique for dressing changes. He will also receive education on all aspects of his newly diagnosed cancer and physical therapy to address his weakness and prevent falls. In this scenario, Mr.. Smith is much less likely to return to the hospital because of the nursing education and in home care he received (Beanbag's and Terrain 2000).His wound will likely heal very icily and he will be better prepared to cope with his disease and recovery because he will have received ample education from his home health nurse. He will probably feel less fearful at home because he will still have access to a nurse when he has a need or a question. In both scenarios, the nurses held the same license. They both performed their Job duties well. They both had the patient's best interest at heart. They both utilized the nursing process and interventions to assist the patient during his time of crisis.However, Nurse Abs's interventions were better suited to meet the tangent's needs. Because her nursing education was more focused on community health and outpatient settings, she was better able to assess the patien t holistically and address his immediate and long term needs. Mr.. Smith is much less likely to be re-hospitalized and much more likely to have a good outcome because of Nurse BBS. Educational preparation There are three main avenues for a person to become a Registered Nurse in the United States. There are diploma programs, associate degree programs (AD), and baccalaureate degree (BBS) programs. Graduates from all three of these programs are eligible to take the same licensing exam and obtain the same registered nurse license in their respective states. Many people, nurses included, have often wondered what the difference is in the education these nurses have received.Is it all the same? Is an RAN an RAN no matter what his/her education level? The primary difference between an AD nurse and a BBS nurse lies within the focus of their nursing education. Recent research indicates that baccalaureate programs focus more on care coordination and community health than do associate programs. One source stated that baccalaureate nursing programs historically provide two to three times more clinical training in outpatient settings than associate programs (Feature 2013).Thus, baccalaureate prepar ed nurses are better equipped to work in these alternative healthcare settings and to provide care to patients who eave the hospital and move on to these alternative settings. The associate degree (AD) nurse holds the same license as the BBS nurse. However, the focus of the associate program education is quite different. City University of New York faculty fellow, Maureen Wallace, Deed, RAN, stated, â€Å"Most AD students get an excellent clinical experience but their education has been heavily skills oriented and focused on acute care. (Feature, 2013, p. 3) The associate nurses' education is geared more towards inpatient, hospital based care. Unfortunately for he AD nurses, this puts them at somewhat of a disadvantage in the current healthcare climate. According to Dry. Patricia Banner (2009), more than 50% of all nurses now work outside of the hospital setting. So while AD nurses may have fantastic clinical skills for acute care, they may not possess critical knowledge needed to educate patients on disease prevention, self-care at home, and utilizing community resources.This apparent knowledge deficit and acute care focused training could significantly impact the way an AD RAN responds to a patient need versus how a BBS RAN might respond. This difference could even negatively impact the patient in the future. This can be demonstrated in the fictitious scenario of Mr.. Smith. Mr.. Smith was admitted to the hospital through the emergency room four days ago with complaints of severe abdominal pain and vomiting fecal matter. He was diagnosed with a bowel obstruction secondary to colon cancer and immediately underwent surgery for tumor removal and bowel resection.He was married with two small children. He had lost a significant amount of weight in recent weeks and was extremely weak. Significant differences in the education level between the AD and BBS nurses can be seen in the way each delivered discharge instructions to this patient. Utilizing her skills and a cute care knowledge base, Nurse AD, focused her discharge instructions on post pop pain management, surgical site infection prevention, dietary restrictions, activity limitations, and the importance of keeping follow up appointments with the surgeon and oncologist.She instructed the patient's wife on how to perform the dressing change, and Mrs.. Smith performed a return ministration reluctantly. Mr.. And Mrs.. Smith nodded politely as Nurse AD provided instructions but they did not ask any questions. They both nodded in agreement when she asked if they understood the instructions. Mrs.. Smith signed the discharge instruction form and Nurse AD advised them to let her know when they were ready to leave so she could call for transport downstairs. Mr.. And Mrs.. Smith were very likely completely overwhelmed at this point, having Just received the new diagnosis of cancer.Mr.. Smith was so weak that he could not perform his own Tall's. Mrs.. Smith as wondering how in the world she was goi ng to get him out of the car once they got home let alone how she was going to bathe him and change his dressing with two small children underfoot. This lack of resources, support, and knowledge could put Mr.. Smith at high risk for re-hospitalizing. Since he will not have adequate assistance at home, he is likely to not follow activity restrictions. He may even fall and injure himself due to his weakened condition. Mrs..Smith probably did not retain much of the discharge education and may not be able to consistently perform an septic dressing change. His surgical wound could become infected. If Nurse BBS completes Mr.. Smith's discharge teaching, the scenario could be much different. Nurse BBS also drew from her educational background. However, hers was more focused on care coordination, community health and illness prevention (The impact of education 2014). She began her discharge instructions by assessing the couple's level of understanding and coping as well as the resources ava ilable to them at home.She asked if Mr.. Smith had a wheelchair for transport from his car to his home. She asked if they had a way to raise the head of his bed or if they had a reclining chair that he could sleep in for comfort and ease of movement. Mrs.. Smith responded by replying that she does not have a clue how to operate a wheel chair or where to obtain one and furthermore, she was not sure she was going to be able to take care of him at all. Nurse BBS identified the need for ongoing skilled nursing care and education. She spoke with the surgeon and obtained an order to refer Mr.. Smith to a home health agency.She delayed Mr.. Smith's discharge for several hours until he home health agency could evaluate him and deliver a wheelchair and hospital bed to his home. Mr.. Smith will now receive nursing care at home to manage his wound and to train Mrs.. Smith on aseptic technique for dressing changes. He will also receive education on all aspects of his newly diagnosed cancer and physical therapy to address his weakness and prevent falls. In this scenario, Mr.. Smith is much less likely to return to the hospital because of the nursing education and in home care he received (Beanbag's and Terrain 2000).His wound will likely heal very icily and he will be better prepared to cope with his disease and recovery because he will have received ample education from his home health nurse. He will probably feel less fearful at home because he will still have access to a nurse when he has a need or a question. In both scenarios, the nurses held the same license. They both performed their Job duties well. They both had the patient's best interest at heart. They both utilized the nursing process and interventions to assist the patient during his time of crisis.However, Nurse Abs's interventions were better suited to meet the tangent's needs. Because her nursing education was more focused on community health and outpatient settings, she was better able to assess the patien t holistically and address his immediate and long term needs. Mr.. Smith is much less likely to be re-hospitalized and much more likely to have a good outcome because of Nurse BBS.

In My Grandfather S Footsteps

Cacao's. Even until this day, have people telling me â€Å"Your grandfather would be so proud of you† or â€Å"l hope you end up just like your grandfather one day. † In these very moments, I feel this great sense of satisfaction run through my body. Not one person has fulfilled his footsteps in becoming a physician, and I would be honored to become the first. My hero is no one other than Dry. George Cacao's. From the stories I've heard, he was never in it for the money. To the families that had no insurance and couldn't afford healthcare, he would set up private appointments at his house.Until this day, people say he worked miracles on children. No matter how much time or labor it cost him, he made sure his patient's health improved; he would stay awake in worry and even crying at the fate of one of his sick patients. My grandfather truly loved his job, and he will always be the heroic figure in my life. My grandfather died of bone marrow cancer at the age of sixty yea rs old. It was a long, painful death; he was ill with this cancer for over 15 years. All the knowledge he possessed about medicine, all the experiences he had with patients, and all the lives he paved, could not save his own.There's a quote that says â€Å"Only the good die young,† but I can't completely justify that. Yes, my grandfather did die at a relatively young age, but the influences he made and the legacy he left behind will be cherished and live on forever. The more I think about this and all the sacrifices he made for his patients, the more I get inspired. Looking back on his career, Dry. Cacao's has guided me a path in his footsteps. He has shown me that determination, dedication, and a big heart can lead me in becoming a physician.The ultimate goal in my life is to be a physician and that starts with a college education. Dry. Cacao's stressed to his kids to stay in school and learn as much as possible, but to have fun doing it. I aspire to impact people's lives as much as my grandfather did. If can be the heroic figure to someone that Dry.

Extraordinary Circumstance Review

Introduction and Aim of the Review This review of WorldCom is based on the Extraordinary Circumstances by Cynthia Cooper. The purpose of review report is to conclude whether WorldCom satisfied the Code of Ethics and the Attribute and Performance Standards set forth by the IIA. Background WorldCom was one of the largest telecom companies in the world during 1996 to 2002. The company helped to grow a small regional company that bought and re-sold long distance in the South into an international behemoth that operated in over 65 countries.However, in 2002, the senior management and employees perpetrated a massive fraud, and in June, WorldCom announced that it had â€Å"misstated† its financial statements over the last five quarters by $3. 8 billion. After coming out this scandal, WorldCom went bankrupt, and it has been the largest bankruptcy ever. Analysis Based on the book Cynthia Cooper wrote, WorldCom didn’t comply with the Code of Ethics and the Attribute and Performan ce Standards. Fraud The internet bubble that burst in March, 2000 is followed with much larger and more devastating collapse: Telecom.WorldCom’s financial statements were far worse than expectation that would result in stock price fall, downgrading company and most importantly—losing capital to acquire companies. Then CEO and CFO were planning to change the financial statements with mid-level accountants. They thought if the financial statements were better in next quarter, they could cover the change. But things didn’t go according to plan. They had to change the number until the whistle blew. Lack of risks assessment During the WorldCom expansion, CEO, Bernie led the company through 70 acquisitions in less than 20 years.Bernie was too audacious to expand the company without consideration. For example, when board didn’t want to invest any more capital or incur more debt on telecom, Bernie mortgaged everything he had to buy TMC outright. The strategy help s LDDS expand, but also planted bomb in the company which exploded in the future. Gambling rather than risk control When World Com was acquiring other companies, some were not willing to receive a combination of cash and stock. They would sell the stock as soon as they get.In order not to let the stock price fall, the executives in WorldCom bought the stock instead at a discount price. Luckily, as the result, the stock price went up dramatically. Low internal Audit department position Internal audit department was a dispensable unit in the company and didn’t get high attention during that time. Unlike external counterparts, internal auditors are usually employees of the companies they audit. Some companies choose to have only a small, token group, others none at all, and others outsource the function altogether, sometimes to the same public accounting firm performing the external audit.Cynthia Cooper was announced to be the director of internal auditing by CEO, Bernie. They p robably had some deals under table during CEO fraud. Individual manipulation and lacking of proficiency LDDS was too big to have so many employees reporting to CEO, Bernie directly. Meanwhile, Bernie doesn’t have technical telecom or financial training and he was only interested in what he liked and understood. His goal was to make WorldCom to be the NO. 1 stock on Wall Street rather than capture market share or be global which implied the tragedy of WorldCom.He continuously acquired the other companies to make WorldCom bigger and bigger without deep consideration, even paid the price to lose his confidants. Lack of programs improvement WorldCom was praised as a â€Å"fast-growth† company—a rate of growth usually achievable only by external acquisition, not organic internal evolution. If WorldCom ever stops acquiring, growth will most likely slow, which will negatively impact analysts’ ratings and WorldCom’s stock price. The main business in WorldC om is not real telecom business; instead, it’s a acquiring and resell business.Thus, there were no improvement or clear organic structures in the company. What’s more, WorldCom didn’t have its own wireless network and it only sells wireless service, which would result in loss revenue later. Lack of after acquiring testing WorldCom acquired 65 companies successfully until the failure of acquiring Sprint. Internal auditing department only employed 10 people to monitor the huge company. Not mention to monitor and test the acquired companies. Lack of auditing CEO During the golden period of WorldCom, Bernie obtained loan from plenty banks which related to the stock price of the company.As long as WorldCom stock stayed higher above a level, banks wouldn’t issue a margin call, requiring Bernie to come up with the cash to pay down enough of the loan to bring the collateral to remain at a certain percent of the loan. As a result, when the stock market fluctuated in 2002, WorldCom stock price went down below the certain level, and the board had to help Bernie to pay the loan, or the stock price will keep falling as the banks lose confidence in WorldCom and sell stocks one after another.But at the beginning, there was no one to control Bernie not to borrow money and take that risk to pay marginal call. Conclusion WorldCom was proved to be a big success and a tragedy in the history. Its strategy of expansion through acquiring constantly helped it grow-up to be a top 100 company in the stock market. However, it’s precisely because this â€Å"crazy† acquiring method let the WorldCom ignore the foundation of operating activities. Investors neglect the cash flow statements rather than totally relied on the equity return.As the internal department, it didn’t play a good role in assurance and consulting activities for the acquiring process. Since the department wasn’t gain enough attention from the board and was usually i nfluenced by the executives, like CEO—Bernie, it was hardly to let them perform well under the Bernie’s control. In this case, Bernie was seen as â€Å"Gods† in WorldCom and there was no one came up with objections, even some will oppose the acquiring, but at last Bernie still could do what he wants.Even Cynthia found there was a fraud from the new CEO and CFO after Bernie left WorldCom. It still couldn’t prevent the tragedy Bernie planted before. At the same time, this case also gives a lesson that power should be divided rather than central control, and the person who holds the power should have the enough capability and professional knowledge. ——————————————– [ 2 ]. On page 52 [ 3 ]. On page 57 [ 4 ]. On page 77 [ 5 ]. On page 84 [ 6 ]. On page 129 [ 7 ]. On page 175 [ 8 ]. On page 127 [ 9 ]. On page 152 [ 10 ]. On page 172 [ 11 ]. On page 183

Business Propostion Research Paper Example | Topics and Well Written Essays - 1500 words

Business Propostion - Research Paper Example The use of social networking websites increased with the innovation of gadgets. The study will lay emphasis on how the management of Stone Goose can utilize the benefits of social media tools for the smooth execution of marketing activities. Table of Contents Executive Summary 4 Table of Contents 7 Introduction 12 Value Added Benefit of Social Media Marketing Tools 17 Usage of Social Marketing Platforms 22 Implementation of Social Media Platforms 27 Social, Mobile, Analytics and Cloud Model 32 Incorporating Social Media Policy 37 Conclusion 40 Introduction Social networking is defined as an online community that allows people to develop profiles of their backgrounds and interests, communicate with friends and strangers, and share thoughts, photos, Internet links, music etc (Vermaat & Shelly 2006).The utility of the social media tools is prevalent and websites like Facebook, Twitter and Linked In are gaining recognition because of its usage by billions of people worldwide for professi onal and personal uses. The business organizations are developing several social media policies which help providing new opportunities to the organization for networking and attracting new clients, recruitment and marketing of services and promotion of brands with minimum of financial commitment. Many organizations encourage the use of social media in most of the marketing activities but they are also aware of the benefits of social media are associated with huge number of risks. These organizations actively encourage the usage of sales of business development and also branding of marketing and services. Social media policy helps in setting out standards that an organization expects from the employees while their usage of social media marketing for various online media marketing activities. The social media policies serves purposeful and acts like a guidance for the employers and employees in helping them to distinguish in the course of employment and also help in setting out the di fferent course of actions which can lead to possible consequences which help the employees in breaching the policy. The benefits of the social media marketing tools will help in marking out new business development ideas which will outweigh the risks associated with each of the project. The organizations will recognize the risks associated with the organization and give a certain level of protection for their marketing activities. Value Added Benefit of Social Media Marketing Tools The marketing mix will serve purposeful in construction of planning and implementation of social marketing programs which is designed specifically to encourage the behavioral change. Price, place, product and promotional activities are some of the important central elements which are pivotal for social marketing campaigns and help in reaching out to a desired social media target and also come to a unified social media decision (Merrill, Kenneth, Navetta & Santalesa, 2010). The new communication model help s in giving the social marketers a challenge to reach the desired target and goals. The new form of communication model gives the social marketer an opportunity and also a platform to attain a desired target. The new communication model facilitates uniformed managerial decision making and also helps them in arriving at a unified critical decision points. These critical points allow the social market

Respond to the discussion about Aristotle (for online Essay - 2

Respond to the discussion about Aristotle (for online class-introduction to Ethics) - Essay Example And yes, she is already being virtuous by helping the underground escape group. That is indeed, in itself, a very risky job to do. 2. Your perspective is right, but your interpretation is slightly controversial. I agree with you that by remaining silent, she is doing a right thing. However, you must realize that she will be in no less pain if she gives a â€Å"shut up† call to the bookstore owner for humiliating her religious beliefs. Whether she speaks up, or she remains silent, she is bearing pain either way and is being courageous and virtuous as long as her intention is to save other Jews that depend upon her for help. 3. You have provided a very comprehensive analysis of either of the two decisions, the lady could have made, and have rightly justified the benefits of remaining silent in comparison to opening up. However, I do not agree with you when you tend to make the lady join the bookstore owner in his malicious intentions and wording against the Jewish community, be that apparent or for a positive reason ultimately. As the case explains, the lady is only a low level worker at the bookstore. Therefore, if she tries to let the owner know that she holds similar views about Jews, it will only make the owner suspicious about her.

Marketing Fundamentals Fall 2012 Midterm Exam Essay - 1

Marketing Fundamentals Fall 2012 Midterm Exam - Essay Example Studies show that it has 50% less fats than Zinger burger of KFC and Subway. It was introduced with different styles to the customer like Mega-MAC, Big-Big-MAC and Maharaja-MAC (India) etc. McDonalds is a dominant company that consumers have trusted in and have the power to change as tastes changes.   Mc Donald’s Offers Valued pricing as its products are much cheaper price as compared to its competitor’s i.e. KFC, Burger King, Subway etc. McDonald’s is viewed generally as a fast food restaurant with low price that they offer. They have â€Å"value meals† for being inexpensive in price provided the amount of the servings and drinks. McDonalds communicates a psychosomatic value to consumers. Competition is tough that’s they have done a great job differentiating from other challenging brands letting them position McDonalds as a Pioneer in fast food Industry. It uses bundling strategy as well by serving combo packs to raise market share in arrangement with competitive pricing. Publicity, branding, promotion, packaging and Advertising are key significant regarding to the marketing tools which are used to create products and services more attractive which causes to increase sales and profits. The Happy Meals are also a fine product strategy that targets kids by providing French fries and chicken nuggets with small toys. They have also â€Å"Play zone† where kids are welcome to place and hang out with other kids with under the supervision of their parents. Toyota Co. Ltd. was established in 1937. In the 1960s and 70s the company stretched speedily, exporting large records of cars to markets. It has assembly plants and distributors in many countries, now it owns subsidiaries that manufacture cars and parts, steel, trucks, synthetic resins, and equipments for numerous industries. Honda and Toyota are prime competitors in the automobile

Banking and Finance Essay Example | Topics and Well Written Essays - 2000 words

Banking and Finance - Essay Example Interest on the bond is provided every six months and the principle amount is given at the maturity date. Generally, bonds are issued by the corporation and government bonds are differentiated according to the payment of interest, the market they are issued in, the currency they are to be paid in and the legal status etc. Corporate bonds can be purchased through the security market. Company bonds provide high rate of interest but have more risks as compared to the government bond. While selecting the bond, the risk tolerance of the investor should be taken into consideration. Those who are ready to bear risks, can invest in corporate bonds and those who cannot afford any risks, can choose the government bond. â€Å" The credit risk associated with bonds range from relatively safe Treasury bills to extremely risky junk bonds to corporations or countries that are in a questionable financial position† (What are the Different Types of Bonds Available?, 2009, para. 4). The various kinds of bonds are as follows: Zero Coupon Bonds: The zero coupon bonds are those which became famous recently Zero coupon bonds are those bonds on which the companies do not provide the interest but issue the bonds at a discount rate with comparison to the maturity value. The difference between the issue price and the maturity value represent the return or interest. This can be explained through the following example: Suppose the company issues bonds at a value of $200 for each bond during a period of 5 years. Under zero bonds, the investor would not get interest on his investment but at the end of the particular period he will get $220 for each bond. It would then constitute the gain or interest on his investment. As per this, The issue price of bond = $200 Maturity value of bond = $220 Here $20 represents the gain or interest of investment Fixed Income Bonds: Fixed bond is a long term debt paper in which the rate of interest is fixed in advance. Under fixed income bonds, the inve stor would get a fixed and constant return on his investment at a regular interval and at the time of maturity, he will get the principle amount. Fixed income bonds provide safety to the investor on his investment, so these are preferable to those investors who would like to get stable return on their investment. Mostly state and central government issue this kind of bonds and these bonds are treated as a high safety investment. â€Å"The central or national governments also have the power to print money to pay their debts, as they control the money supply and currency of their countries† (Government Bonds, n.d., para. 2). Example: Consider an investor who makes investment on 12% bonds having a face value of $ 150. Suppose he invested on 100 bonds. The investor would get interest rate as given below: Investor makes investment = 100*$150 = $15000 The rate of interest is 12% Return = 15000 * 12 /100 = $1800 Floating rate bonds: In case of floating rate bonds, the interest provi ded to the investors during their investment is not predetermined. Interests on such bonds are paid in fluctuating basis, from time to time, according to the benchmark price. Under such bonds, the interest rate is determined in accordance with the market interest rate along with some other external factors. â€Å"The amounts of these variable payments are determined by the current market interest r

The Indian Historical Period Essay Example | Topics and Well Written Essays - 1000 words

The Indian Historical Period - Essay Example Varghese, (2008) argues that the Arabic language became a medium of literary communication throughout the areas which the Arabs conquered and in a relatively short time, Arabic displaced other tongues as the everyday speech of the population over most of North Africa and the Near East. Thought and learning flourished; trade and industry prospered; a brilliant and graceful civilization arose beside which Western Europe seemed barbarous and even Byzantium paled. According to McNeill (1986), the immediate stimulus to the Arab expansion was the appearance of a new religion; Mohammed was a native of the city of Mecca and as a young man, he made his living as a camel driver and petty trader and on his travels he picked up a smattering of Jewish and Christian religious ideas. He acknowledged the prophets of the Old Testament and Jesus of Nazareth as worthy predecessors of his own prophetic mission and as such prophets that he recognized had received divine plans for men but with time misunderstanding and corruption crept in. As one of the renowned leaders, Mohammed simply claimed to correct and restore the revelation of God and just after his death; his teachings were set forth, cast in poetic form, written down and became the Koran – a sacred book of the Moslem re ligion. ... After his death, the expansion continued at a rapid rate and a series of prophetic successors united the Arab tribesmen for great raids into Syria and Mesopotamia. It was within an amazingly short time that they stripped the Byzantine empire of its eastern provinces and completely conquered the Persian empire; during the following generations, (Sowell, 2004). In the east, the Arab expansion continued at a similarly rapid rate extending into India and the oases of central Asia.

Effect of Foreign Direct Investment on China's Economic Performance Essay

Effect of Foreign Direct Investment on China's Economic Performance - Essay Example The Chinese understand this very well. While relying mainly on its own forces to bring about modernization, China, as a developing country, has to win foreign assistance, actively develop economic cooperation, and reasonably use and absorb foreign technology useful to its overall economic development. For these reasons, China forged ahead with its decisive policy to set up Social and Economic Zones (SEZs) and designated fourteen opened cities to attract world resources. It is obvious that the SEZs and opened cities have performed the functions set out for them to the extent possible at this stage of their development. Foreign capital, technology, and equipment have been introduced, competition has been promoted, and the training of personnel has occurred. Indeed, the SEZs and opened cities represent the focus of a substantial share of all foreign investment flows to China, and significant economic development has been achieved. ... Indeed, the SEZs and opened cities represent the focus of a substantial share of all foreign investment flows to China, and significant economic development has been achieved. More important than their enormous vitality in absorbing and utilizing foreign capital and importing advanced technology, the SEZs and opened cities represent a significant pioneering undertaking by China in carrying out the policy of opening the country to the outside world and in serving as experimental centres in economic structural reform to create a completely new set of conditions for economic development. As such, a new avenue has been opened, creating opportunities for foreign investors wishing to become involved in a rapidly expanding Chinese marketplace Strong foreign investment inflows to China were not unique during the 1990s. Significant inflows to other Asian countries also occurred during the same period. Compared with representative neighbouring countries, investment flows into China were large in absolute amount but remained relatively small in terms of gross domestic product (GDP) and gross investment (GI). Foreign equity investment into Singapore between 1990 and 1999 accounted for about 15 percent of GDP and financed more than one-third of Singapore's total capital expansion. The same ratios for China were only 0.7 and 1.8 percent, respectively. Even when compared with Malaysia, Thailand, and Indonesia, the ratios for China were extremely low. (Woo, 2001, 110) China enjoys several advantages in attracting foreign investment compared with other Asian countries. First, it has a large domestic market that provides potentially enormous opportunities for foreign investors. Second, it has abundant natural

Write 4 page research paper Example | Topics and Well Written Essays - 1000 words

Write 4 page - Research Paper Example The number of Arabs immigrants has rapidly grown due to the changes in the United States laws and the increased political and economic hardships in Middle East countries. Arabs Americans are the fastest growing minorities in America. The Arabs who first arrived in United Stated were comparatively homogenous groups of persons. Most of the Arabs immigrants were Christians from Lebanon and Syria. Most of them came from remote areas where they had limited access to formal education. The recent Arabs immigrants tend to be more diversified in terms of their educational achievement, religious background, and terms of their country of origin (Short 300). Arabs Americans are almost in every state, although they are more likely to be located at one place such as Chicago, New York, San Francisco, Detroit, Los Angeles, and Boston. The cities have large neighborhoods of Arabs Americans communities and have Arabic grocery stores, restaurants, and other businesses. The largest Arab Americans neighborhood is found Dearborn, Michigan. Arab Americans have become one of the most diverse groups of people in United States. Around 50 percent are Christians while the other 50 percent are Muslims. Some of the Arab immigrants trace their roots in African nations while others trace their origin in Asian countries. Some Arab Americans are born in America with their parents and grandparents born in United States making these Arabs have the little knowledge of the Arabic language. Others have immigrated to United States recently and therefore they are fluent in Arabic and can speak a bit of English. Arab Americans are also diversified in terms of income and jobs. Some are professional lawyers and doctors while others work in farms and factories. Many Arab Americans are a business owner of large enterprises. Some Arab women work as homemakers while others are found in all kinds of professions. Research shows that Arab Americans have better education level compared to average American

Management and Globalization Essay Example | Topics and Well Written Essays - 3000 words

Management and Globalization - Essay Example Coordinating: It is the function of any management to coordinate the organizational goals and objectives to every single member of the organization with a view to ensure that every member collaborates towards the achievement of the targets set by the management. Controlling: The management controls the flow of organizational activities and evaluates the direction towards which the organization is leading or being led by the management in order to avoid any missteps taken in the course of business operations. The theorists of scientific management have been engaged constantly to put forth theories of management that could be turned into practice. Management is a process carried out in an organization in order to achieve the desired results. The theories of management as brought forward by renowned theorists also attempt to put the view of management theory into practice with respect to organizations. The important theories of management are discussed below: These two theorists are known to be the pioneers of the scientific management. Frederick W. Taylor is known as the "Father of Scientific Management". He came up with the view that the productivity level of workers depends upon their frequency and propensity to rest during working hours. He was of the idea that a worker can only continue to work efficiently and productively if he takes rest during the work. A tiring situation can affect the working capacity of the workers and therefore, can hinder the way of achieving organizational goals (Taylor, 1911) Gilbreth introduced the idea that the working capacity and productivity of a worker can be enhanced by reducing the unnecessary tasks and exertions on the part of a worker during the course of his work. It would enable the worker to retain his energy throughout the work process. (Gilbreth, 1911) Therefore, both the theories given by these two theorists encompass the enhancement of workmen's working capability and efficiency and assessment of possible reasons that might be affecting the workers' productivity. Hawthorne Theory The theory put forth by the management scientists belonging to this school of thought mainly focused on the Taylor's theory of Scientific Management. They experimented on the theory and came up with interesting facts about the theory. They discovered that with the passage of time, one of the principles put forward by Taylor that enhanced lighting in the working environment could result into improved efficiency of the workers, helped to improve the workmen's working capacity even to a greater extent than anticipated. However, after further research, they figured out that the enhancement in worker's productivity was mainly due to the relationships between the managers and the workers, rather than due to lighting in the w

Wgu Human Resources Essay Example for Free

Wgu Human Resources Essay Upon investigation in to the claim of constructive discharge under the Title VII Civil Rights Act of 1964 my research found this claim to be irrelevant and unjustified. A constructive discharge happens when an employee is legally justified in claiming that he/she was forced to resign because the employer has made working conditions intolerable. In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The new schedule required employees to work 12-hour shifts with four days at work and then four days off. But the four work days can occur any day off the week, Monday through Sunday. So it is possible that the employee would still have had some holy days off. To justify their legal claim of constructive discharge the employee is going to have to prove in court that their working conditions were in fact intolerable and show that our company deliberately created intolerable working conditions with the intent of forcing the resignation. I feel that this will be very difficult if not impossible to prove. I recommend that we mediate the charge. I do not think we are guilty of constructive discharge. However, I think a compromise can be reached with the employee and we can accommodate their religious needs. Constructive discharge falls under the Title VII Civil Rights Act of 1964 which is a federal law that prohibits discrimination in employment on the basis of sex, race, color, national origin and religion. The religion portion is what pertains to our current situation. Title VII requires an employer to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an undue hardship for the employer. So the employee needs to notify the employer of a conflict between their religious beliefs or practices and a work rule. Congress enacted Section 5550a of Title V of the United States Code to ensure employees are given time off for religious observances. The law requires employees to be given the opportunity to work overtime in exchange for time that they have to miss for religious observances. The compensatory overtime can be worked either before or after the religious observance, but is paid at the employee’s straight-time rate. If the employee who filed the claim against us had come and notified us that there was a conflict between their religious beliefs or practices and a work rule, we then could have discussed the other schedule options that the employee has available to them. My first recommendation for the company on how to respond to the employee’s charge of constructive discharge is to go through the employee’s personal file. It is important to find out if there were ever any complaints filed from the employee to support their claim of â€Å"constructive discharge.† Also, we need to make sure the religious discrimination claims do not over shadow the employee’s duty to meet their legitimate job responsibilities. In the Patterson v. Indiana Newspaper, Inc., (2009) a woman sent an email on her last day at the job claiming she had enjoyed her time there. These statements lead to the dismissal of her claim of â€Å"constructive discharge† because she had expressed no complaint or concerns about her working environment. This case supports our situation because we have no record of the employee ever expressing concerns or complaining about the work schedule. My second recommendation would be to review the company’s internal reporting procedures. We would need to review and make sure that all the appropriate measures are being taken in a timely manner if someone complains about their working environment. Specific steps and procedures need to be followed to protect our company and our employees. In Pennsylvania State Police v. Suders (2004) the Supreme Court found that in order to establish constructive discharge a plaintiff must show that the environment was so intolerable that resigning was the only option. But the court also found that the plaintiff failed to avail herself of the internal reporting procedures as she resigned two days after mentioning harassment to an official. The case supports our position of not guilty because the employee who is filing charges against us did not follow the company’s internal reporting procedures. This would have allowed us to meet with the employee to see if we could come to an agreeable solution. Internal reporting procedures are there to protect everyone involved. My final recommendation would be to make a statement to the employee filing charges against us to inform them know that we are aware of the Code of Federal Regulations (Guidelines on discrimination because of religion, 2009) and that we are willing to work with the individual to find a solution. If the employee dropped the charges and came back to work for us then there are a number of accommodations we would suggest such as flexible scheduling, voluntary shift substitutions or a modification to our workplace policy. We would make ourselves very clear that we are willing to work with them in an effort to resolve the situation. In conclusion, for future reference a few recommendations I would make to avoid legal issues around Title VII of the Civil Rights Act of 1964 would be: to offer seminars once a year reminding the employees of their rights and responsibilities including all forms of harassment or discrimination, managers would be required to receive twice a year training sessions on internal reporting procedures, and the company could setup an â€Å"Ethics† hotline that gives people the opportunity to report anonymously if they feel something or someone is not being treated fairly. Thank you for your time and please contact me with any questions.

Law Heritage of International Law

Law Heritage of International Law International law theorists are largely in agreement when discussing the natural law heritage of International Law. The two were virtually synonymous until the nineteenth century.[1] The conception of International Law as a branch of law is often associated with Hugo Grotius, the celebrated natural law theorist, which is a testament to the undeniable link. This was also due in part to the underdevelopment of international positive law, the relative absence of recognised customary international law and treaties, such as we enjoy today. This void was instead filled by natural law, which had matured over some two millennia. Natural law has often been referred to as philisophia perennis by some scholars.[2] Therefore, the common ground that legal systems share has been cultivated under natural law, and similarly, the common ground for the genesis of an international legal system had also been natural law. By the thirteenth century natural law had reached its zenith with the works of Thomas Aquinas. However, it was not until much later, the middle of the twentieth century to be more precise, until legal positivism became hegemonic. This was a result of post-enlightenment European thought and the rise of thinkers such as Hobbes and Locke who provided fresh insights into philosophy as well as governance. Fresh thought brought with it fresh reaction for and against the work of the naturalistic school of jurisprudence. The criticisms came from within the naturalist tradition due to a divergence from the original lex naturalis, as well as out with from the positivists.[3] At the beginning of the nineteenth century, attempts to successfully establish international law within the positivist framework proved futile. At first it was decisively excluded from the realm of positivist jurisprudence, following which it sought to reclaim it on its own terms. Lon Fuller has appropriately described thi s approach as one of icy rejection and [then] an acceptance in a bone-crushing embrace.[4] The unacceptance of international law by the legal positivists, at least initially, was due to the latters unwavering loyalty to legal positivisms core tenets. Despite numerous attempts by positivists, they were simply dumbfounded at the possibility of an object with so-called juridical character which did not stem from the will of a sovereign. By the start of the twentieth century the tide had well and truly turned in favour of legal positivism. This ushered in a new era on the jurisprudence of international law, which was rather glibly summed up in a 1926 opinion of the Mexico-United States General Claims Commission: The law of nature may have been helpful, some three centuries ago, to build up a new law of nations, and the conception of inalienable rights of men and nations may have exercised a salutary influence, some one hundred and fifty years ago, on the development of modern democracy on both sides of the ocean; but they have failed as durable foundation of either municipal or international law and can not be used in the present day as substitutes for positive municipal law, on the one hand, and for positive international law, as recognised by nations and government through their acts and statements, on the other hand.[5] As the eighteenth century drew to a close, so did the window to what was now a dated philosophy in the field of jurisprudence natural law. This was largely down to a continental shift toward proper science. This new dawn in European civilisation left little room for conjecture and ideas of a capricious nature. In other words, scholarly credibility lay in forming ideas based on a methodology akin to that of the natural sciences. Over a relatively short space of time international law theorists tipped their proverbial hats to natural law for its immense contribution to the field of international law and gave up conjecture for observation, and analysis in place of evaluation. Two of the most important figures in the history of legal positivism were Jeremy Bentham (1748-1832) and, his compatriot John Austin (1790-1859). Austin is a distinguished and celebrated figure in the positivist tradition because of his innovations in English legal thought. His works have been praised far and wide, and perhaps by none more so than the Cambridge jurist T.A Walker (1862-1935) who pronounced Austins work as the starting point of all English dissertations on legal science.[6] In the hope of extending jurisprudence the same status as that of the natural sciences, Austin was resolute in his stance on the distinction between law and ethics. With said task in mind, Austin provides a succinct account of what defines positive law: The essential difference of a positive law (or the difference that severs it from a law which is not a positive law) may be stated thus. Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme.[7] However, regarding international law, Austin adopts a different tact. In an attempt to offer an explanation to the enigma that is international law, Austin decides to head it under the science of positive morality as opposed to law properly so called. His reasoning stems from international laws apparent unfulfillment of the criteria put forth by legal positivism. Austin believes international law to be materially lacking in the sense that no laws strictly so called emanate from a sovereign to members of an independent political society. Therefore, since there is no sovereign and independent political community which is in turn subject to said sovereign, then international law is not law so properly called.[8] The need for a sovereign in Austins view is largely due to the power it affords the law. He believes the obligatory status conferred upon the law is a result of the possible punishment, by the sovereign, that may befall a wrongdoer in case of disobedience: the prior of which is not bound by any law and is the source of all law properly so called. The notion of all law being dependent on the will of a sovereign state is one that is entirely mismatched to the characterisation of international as a proper legal system. This concept seeks to preclude the very possibility of any form of real governance of international relations amongst sovereign nations. This rather seems a case of square pegs and round holes. It is perhaps the narrow mindedness of attempting to fit international law in an entirely uncompromising mould. This approach fails to connect with the reality of international life. Which is evident in the fact that states continue to respect international law as law; through their acceptance of the rulings in the vast majority of cases, through upholding diplomacy, exercising legal rights and accepting others legal rights as well as signing treaties and regarding themselves and others as being bound by those treaties. An alternative perspective to the absolute expulsion of international law from the positivist arena, is one posited by H.L.A Hart. In his view the rules of international law need only be accepted as standards of conduct and supported with appropriate forms of social pressure to be regarded as obligatory, binding, legal rules.[9] However, since there is no secondary rule which stipulates the criteria of legal validity of rules, their existence depends on whether they are accepted as a rule or not.[10] International law therefore consists of rules which constitute not a system but a set of rules.[11] Albeit this line of reasoning is more accepting of international law as a binding, obligatory force, it does contain a major caveat. Whilst conceding international does indeed exist as law, Hart does not afford it the same status as that of a municipal legal system, which he considers to be more advanced and acceptable to the standards of positivist thought. This presents a dilemma for int ernational lawyers: to accept Harts reductionist methodology or is international law deserving of a more comprehensive designation in the jurisprudential sphere. As discussed previously, international law owes a great deal to natural law for laying the foundation for a system that is now known as international law. However, due to its metaphysical nature it was unable to ground itself as a science properly so called. In the post-enlightenment era, the baton of jurisprudence was passed over to the now favoured legal positivism. This is where we initiate proceedings into the correct classification of international law. Chapter 2: International Law as Law: An Academic Glass Bead Game? The classification of law is a concern of the utmost gravity for the international lawyer, as this has the ability to influence perceptions about the field, which is a hugely significant factor in the reaction it invokes when infringed. Perhaps the most imperative question on the minds of those who doubt international system as a legal system is the quality of it.[12] Too often it is the case that international lawyers adopt an argumentative tact which ultimately proves to be a futile endeavour, because the question remains unanswered.[13] With the introduction of his celebrated work, The Province of Jurisprudence Determined,[14]John Austin has yielded great influence over the jurisprudence of international law: most notably because of the command theory. Austin proposed theory was as follows: law consists of rules which are issued by a sovereign; are defined as commands, coercive orders, or wishes; backed by the threat of imposing an evil in the form of a sanction in case of non-compliance with said command, coercive order, or wish.[15] In Austins view a material condition for a rule to elevate to a law is that it must be issued by a sovereign who is habitually obeyed by the majority of a society and who himselfÂÂ   does not habitually obey another human superior.[16] As is evident, the command theory precludes international law from the ambit of law. According to Austin international law is not sourced from the command of a sovereign but rather it is set by general opinion and enforced by sanctions that equate t o a mere moral duty.[17] Therefore, international law is outside the legal positivist tradition and is reduced to a form of international morality by Austin.[18] As a result of Harts effective repudiation of Austins command theory,[19] which had proven to be a formidable hindrance in recognising international law as law has been largely abandoned. Austin can be considered as the last significant denier of the legal quality of international law and the refutation of one of his most notable theories has provided some much-needed respite to the international law is law camp. However, the debate is still very much alive and kicking as there have always been and still are approaches which neither fully discount international law nor accept it as the finished article for the purposes of international politics. The legal realists such as Georg Schwarzenberger and Hans Joachim Morgenthau, illustrate this well by decreeing it as a reality of the international system but vehemently questioning its ability to kerb power exercised by states.[20] To the same effect, Kenneth Waltzs neo-realist account of international relations entirely omits any part play ed by international law.[21] More recently a fresh challenge has been posed by Jack Goldsmith and Eric Posner in their work The Limits of International Law, who argue that a states interests, above all else, is the determinative factor regarding its compliance with international obligations.[22]ÂÂ   Thereby claiming that international law in all its might has little to do with state conduct in the international arena. It can be said that the various ways in which the legal quality of international law is brought into question is not ultimately decided upon the basis of the jurisprudential question of whether international law really is law properly so called. However, such questions do fuel the fire of doubt which lends itself it to strengthening the position of commentators who seek to endorse a more restrictive approach to the international legal order. The benefit of clarifying international laws position through an analytical framework is two-fold: it can help explain the system better, and perhaps rather more importantly, it can aid the international lawyer in correctly identifying and interpreting the law.[23] Thus permitting a seemingly theoretical endeavour to yield practical results. The Significance of Hart in Particular The mere fact that analytical jurisprudence is of great importance in fashioning a well-reasoned answer to our proposed question does not alone merit an exhaustive engagement with Harts concept of international law. However, for a multitude of additional reasons it seems a conducive exercise, not least of all from the perspective of international law, to analyse Harts theory. As previously stated, Hart carried out the repudiation of Austins attempt to diminish international law to mere international morality. Further to this, positivism is considered by commentators on the subject of international law to be one of the most influential theoretical approaches.[24] In the same vein, it seems only natural to examine the works of one who is not only one of the most influential contemporary legal positivists, but also one of the very few legal theorists who was concerned with approaching international law from the perspective of analytical jurisprudence. There is a prevalent belief that the study of positivism within international law has now reached the stage of flogging a dead horse. This notion is somewhat misconceived when Hart is the theorist in question. Whose concept of positivism saw fit to move away from the consideration that one could gauge the validity of a legal system with the will of sovereign states. The late 19th century and early 20th century positivist accounts of international law were essentially voluntarist theories of international law. This is evident in the works of classical positivist such as Georg Jellinek, who viewed the basis for obligations under international law as an act of auto-limitation by states,[25] and Heinrich Triepel, who further developed this voluntarist theory replacing the will of the individual states with the common will of states.[26] This voluntarist approach found its basis on the landmark Lotus decision of the Permanent Court of Justice in which the court held that [i]nternational l aw governs relations between independent States. The rules of law binding upon States therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law.[27] Therefore, positivism not only gives a firm nod of approval toward state sovereignty but also displays a belief in the consensual character of international law: no state can be bound by a rule of international law unless it has explicitly or tacitly consented to it. The historically strong affiliation between legal positivism and voluntarist conceptions of international law has led many scholars to believe that positivism is essentially a voluntarist approach to international law.[28] However this signals a tunnel vision to legal positivism, which in the international law arena does not have to be equated with voluntarism.[29] At the crux of legal positivism, there is an assertion that all legal facts are determined by social facts alone.[30] However, a point of disagreement arises when the question of what those social facts are is posed. For Jellinek and Triepel it was the will of states, for Kelsen it was the Grundnorm,[31] for Hart the rule of recognition. Positivism can be considered a malleable concept of law, as it has the ability to encompass an approach to international law which overcomes the constrictive nuances of voluntarism. Learning from Austins Mistakes: A Critique of the Command Theory Hart believed that the major defect with Austins theory lay in its promulgation of understanding law as a set of rules which had been issued by a sovereign. Based on this contention Hart began his work, by refuting both Austins theory on rules and his proposed theory on sovereignty. Respectively, Hart was unsatisfied with the explanation of labelling all legal rules as coercive orders. Whilst the fact was true that such a theory could provide the basis for understanding certain branches of the law, namely criminal law and delict/tort, it fails to take into consideration power-conferring rules. The latter of which do not encumber individuals, but rather they are utilised in finding and altering legal relations or granting powers to public officials.[32] Hart believes that homogenising power-conferring rules with orders backed by threats has given rise to a misnomer commands which has distorted the difference.[33] An additional concern with this characterisation is that it provides n o explanation for a scenario in which the sovereign can issue law which binds himself.[34] Lastly, Hart states that it would be baseless to suppose that all legal rules can source their origin to a wilful act of a legislator, especially with regards to customary law.[35] The role accorded to a sovereign in Austins theory is highly disputed by Hart. Who finds the concept to be overreaching in the sense that the sovereign issues orders, which are habitually obeyed, and who himself obeys no one else. The issue, as Hart states, arises with respect to the continuity of law. This common ideal cannot be upheld under habitual obedience.[36] That is to say, Austins theory fails to explain the effect of a new lawmakers particular powers because the basis of his theory rests on the normative supposition of habitual obedience, which it is not.ÂÂ   This in turn cannot lend itself to a successful transfer of law making powers to the new legislator. Therefore, Hart posits that past habitual obedience is no guarantee of future habitual obedience to a new sovereign.[37]Further to this, the command theory also neglects to clarify the persistence of law.[38] Which begs the question: if a command by a person who was habitually obeyed is no longer in power, what leg al value does the command retain, if any at all. Hitherto, it is one of the defining features of a legal system that laws passed by a legislator retain their power long after the legislator waives his position. Lastly, the influence granted by Austins theory to the sovereign disregards legal limitations faced by a legislature.[39] Austin suggests that the legislator may only face legal limitations if said legislator is under obligation to another legislator. This has the undesired effect of not only undermining the sovereignty of a legislator but rather removing it altogether due to his subjection to another sovereign.[40] Therefore, removing the possibility of law being understood as the will of a sovereign.[41] Chapter 3: Harts Fresh Start: Law as the Union of Primary and Secondary Rules From the criticism of Austin, Hart forges a fresh approach in the form of primary and secondary rules. The lack of explanation offered by Austin on the subject of power-conferring rules acts as a catalyst for Hart to introduce and explain the difference between primary and secondary rules.[42] At the crux of it, primary rules impose duties on individuals. Whereas secondary rules provide the basis for creating, altering and defining the ambit of primary rules and are more commonly known as power-conferring rules. In his endeavour to demonstrate the requirement of secondary rules, Hart puts forth the example of a primitive society, which although follows certain customary rules, it does not fulfil the requisites for a legal system.[43] The system in such a society will no doubt have rudimentary regulations that facilitate its governance, but it will ultimately lack the power or means to authoritatively alter rules and resolve disputes arising from said rules. In Harts view, such a system would only be able to satisfy a relatively cognate society, and would not be agreeable if replicated on a larger scale.[44] The system of rules would suffer from rigidity in the face of social change as there would be no identifiable way to authoritatively alter them; uncertainty would arise surrounding the effectiveness of rules as there would be no means to monitor their efficiency. To address the issues facing primary rules, Hart proposes a system in which they are accompanied by secondary rules.[45] Harts rule of recognition would mitigate uncertainty and problems in authoritatively identifying primary rules. Further to this, rules of change would make the system more adept by vesting power in an individual or a group of individuals to readily create new primary rules when necessary. Lastly, the rules of adjudication would grant the representative powers to adjudicate authoritatively on possible violations of primary rules, thereby overcoming the inefficiency of a primitive system. The rule of recognition can be described as the defining characteristic of Harts concept of law. He believed it to be at the core of a legal system, as it lends authority to primary rules.[46] In contemporary legal systems, the rule of recognition dictates the precedence afforded to varying criterion.[47] The supreme criterion amongst them, must be one that overarches all other sources of law. Therefore, the rule of recognition, is the ultimate decider in a legal system.[48] Thereby granting it the unique position of not having to source its origins back to any other rule in a legal system, unlike every other criterion which is subject to the rule of recognition. In short, it serves as the standard bearer for every other rule and is perpetual in its existence. In order to establish a workable template for a legal system that amalgamates primary and secondary rules, Hart lays out the foundational aspects for such a system.[49] An elemental criteria according to Hart, is one of general obedience to the primary rules by the citizens. On the other hand, Hart rejects the assumption of secondary rules being obeyed by public officials, to whom they are addressed. This seems an amicable stance, as it would be unintelligible to class their conformity to the rules which confer law making powers on them as obedience or when they fail to conform, as disobedience. Let us consider the example of a judge, who in his duty of identifying and applying a statue, obeys the rule of recognition. It hardly seems an appropriate description of his task. Consequently, the rule of recognition requires unanimous acceptance by public officials according to Hart.[50] Whereas primary rules need only be accepted by the citizens to be considered legally valid, the rule of recognition is reliant on the fact that public officials believe it to be the general standard of legal validity and enact it to that degree.[51] Basic Elements of Harts Concept of International Law On the basis of his general theory Hart develops his concept of international law in Chapter X of The Concept of Law. In this chapter Hart approaches the question whether international law constitutes law or international morality. Only in the last section of Chapter X does Hart ask whether international law is sufficiently analogous to the municipal legal order to be qualified as a legal system. International Law as Law? According to Hart, international law lacks certain features which place it outside the fold of a developed legal system. He believes this ascription to be merited on the basis of; lack of an international legislature, absence of courts with sufficient authority, and the inadequacy of centrally organised sanctions.[52] In his estimation, such shortcomings ultimately consign international law to the position of a simple form of social structure, found in primitive societies.ÂÂ   Thereby giving rise to Harts claim that international law is largely made up of primary rules with little in the way of secondary rules. Hart goes on to examine the consequence of a lack of centralized sanctions, more notably, the effect this has on the classification of international law as law. In his view, not only are there no such sanctions under international law, United Nations Security Council attempts to establish them under Chapter VII of the UN Charter would be an exercise in futility as the veto would prove to be an unsurmountable challenge.[53]On the other hand, Hart does not believe sanctions are the elemental factor in states satisfying their obligations under international law. Such a belief would stem from the command theory obligations being backed by the threat of sanctions in case of disobedience which Hart had already refuted. Similarly, Hart argues that in establishing primary rules which prohibit the free use of force and providing rules for the use of force on official grounds as a sanction, are essential traits for all municipal legal systems. Such a system derives logic from the fact that human beings are based in communities, are of roughly equal strength, and have innumerable opportunities to harm their counterparts, all of which requires an approach that goes beyond relying on mere natural deterrents.[54] On the other hand, the international stage presents a different situation altogether. International acts of aggression are very well documented compared with those that occur on a domestic level between individuals. The possibility of third parties getting involved and the unpredictable nature of war, more often than not, acts as reason enough for states to avoid violence. Moreover, all states are not equal with regards to power and strength.[55] That is to say, sanctions would offer little in the way of acting as a deterrent for powerful states or forcing such states to obey the rules.[56] The absence of sanctions from the international level is of little concern to the legal quality of international law. [1] Sir Fredrick Pollock, Essays in the Law (1922) 63. [2] Philosophia perenis: This term has been used to denote the collective works of, most notably: Aristotle, the stoics, Augustine, the scholastics, and more latterly the neo-scholastics and the neo-thomists, referring to the body of philosophical truths common across ages and civilisations. See Heinrich A. Rommen, The Natural Law: A Study in Legal and Social History and Philosophy (1946: 1998 edition translated by Thomas R. Hanley) 27-2, note 21. [3] Sir Fredrick Pollock remarking on the damage done by some scholars in the Enlightenment period post-Rousseau to natural law: Modern aberrations have led to a widespread belief that the Law of Nature is only a cloak for arbitrary dogmas or fancies. Essays in the Law (1922) 32. [4] Lon L. Fuller, The Morality of Law (1969 revised edition) 232. [5] North American Dredging Company of Texas (USA) v. Mexico, 4 RIAA 26, at 29-30 (1926). [6] T.A Walker, The Science of International Law *1893) 4.

English legal system †statutory interpretation

English legal system – statutory interpretation Task 1: It can be argued that the role of statutory interpretation is to ensure that judges uphold the intention of Parliament. With reference to the approaches used by judges, critically assess whether the rules of statutory interpretation fulfil this argument. While Parliament decides what the law is it is ultimately down to judges to give effect to it in its application in realistic situations. Words in statutes may be designed to cover all possible contingencies in which case the meaning becomes extremely broad as in Brock v DPP [1993], the phrase: any dog of the type known as the pit bull terrier in the Dangerous Dogs Act 1991 was disputed over. Other situations are where a particular word causes ambiguity and its not clear which meaning should be used. There could have been drafting errors and new developments over time make Acts incapable of covering new scenarios or technologies. For their aid the Interpretation Act 1978 states that: unless the contrary appears, he includes she, and singular includes plural (Martin: 2007: 86). Three non-obligatory so-called rules (methods) have been developed by judges. Under the literal rule words are given their exact and pure dictionary meaning but it is severely criticized for resulting in injustices and absurdity. In the case of London North Eastern Railway v Berriman [1946] a claim failed on the grounds that the deceased died while oiling points along the railway line and not while relaying or repairing it. Tindal CJ in the Sussex Peerage Case (1844) stated: †¦the only rule for the construction of Acts of Parliament is that they should be construed according to the intent of the Parliament which passed the Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The golden rule is an alternative, active process where words can be modified only to avoid an absurd or repugnant situation. Applying the narrow version in R v Allen [1872], the court held that the word marry not only covers legal marriage but extends to going through a ceremony of marriage to avoid the absurd situation of the accused circumventing the wishes of the legislature by advancing the literal definition that a second marriage cannot be legal as the first marriage will invalidate it. In its wider application the court in Re Sigsworth [1935] prevented a murderer son benefitting from the proceeds of his crime even though the word could result in one possible outcome and shows that the literal rule, if applied, would have caused public outrage and indecency. The mischief rule derives from Heydonss Case (1584) with the aim of finding out what the law was before the passing of an Act and seeks to eliminate the mischief by advancing the remedy (Martin: 2007) and was applied in Royal College of Nursing v DHSS [1981], where the Abortion Act 1967 makes in lawful for a pregnancy to be terminated by a registered medical practitioner (Martin: 2007: 91). The court held that it is legitimate for nurses to carry out the second stage of the procedure because the mischief Parliament sought to suppress were dangerous backstreet abortions in unhygienic conditions (Ingman: 2008) The literal approach is being abandoned in favour of the more modern purposive approach. Since Britain has become a member of the EU judges are becoming accustomed to its methodology, finding themselves obliged to interpret legislation in conformity with Section 3 of the Human Rights Act 1998. While the mischief rule considers contemporary issues the purposive approach goes further in giving effect to the purpose of the Act prospectively. Such a case is R (Quintavalle) v Secretary of State for Health [2003], where CNR could not have been envisaged by Parliament at the time the Act was enacted as it did not exist at the time. Minor rules of language such as the ejusdem generis maxim means general words which follow specific ones are taken to include things of the same kind (Elliott: 2009: 61). This technique was employed in Powell v Kempton Park [1899] where an outdoor place known as Tattersalls Ring was excluded from the words house, office and room as they were all indoor places. The expressio unius alterius method means the mention of one thing excludes others and can be seen applied in Tempest v Kilner [1846]. The final rule is noscitur a sociiis meaning that a word is known by the company it keeps. In IRC v Frere [1965] it was held that because other annual interest was mentioned, interest could only apply annually. Intrinsic aids suggestive of Parliaments intentions are the preamble stating why the Act is being enforced but equally useful are extrinsic sources: previous Acts on the same subject; historical setting, earlier case law and dictionaries of the time. Pepper v Hart [1993] was a landmark case enabling judges to consult the debates that took place in Parliament prior to the Act being implemented. Lord Browne-Wilkinson: the purposive approach to construction now adopted by the courts in order to give effect to the true intentions of the legislature. Task 2: In the following situations, use your knowledge of statutory interpretation to explain whether or not the following defendants would be guilty of an offence under section 1 of the Street Offences Act 1959 where: it shall be an offence for a common prostitute to loiter or solicit in a public street or public place for the purposes of prostitution. (a) Fiona was waving and banging on the window of her flat to attract the attention of a friend walking by on the street below. As she live above a busy street, her action caught the attention of people including a police officer called out to investigate complaints under s 1 of the Street Offences Act Certain presumptions available to judges can be instrumental in deciding cases. These are: a presumption against the change in common law; that the Crown is not bound by any statute unless the statute expressly says so; that legislation does not apply retrospectively and in this case there is a presumption that mens rea is required to convict in criminal cases and when judges construct the intention of legislation they will consider this along with the actus reus. In B (a minor) v DPP [2000], Lord Nicholls emphasised: the common law presumes that, unless Parliament indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence. Fionas actions might be misconstrued by the public and the officer as that for the purposes of prostitution given the context and public awareness of prostitutes manner in gaining attention. It appears this is the case here. At trial the true relationship between Fiona and her friend can be established. If the literal rule is applied and the imperativeness of mens rea is discarded then there is the possibility of her being convicted unjustly. However, in Sweet v Parsley [1970], although the defendant was the proprietor of a house where cannabis was being smoked by the renters, the House of Lords decided the defendant was not guilty since she had no knowledge of the inhabitants activities so she lacked mens rea and, therefore, could not be convicted (Martin: 2008). With a purposive approach and reference to the Sweet case the court is bound to acquit her as Fionas actions were not for the purposes of prostitution and Parliament will not have intended for the innocent to be punished. L ord Denning advocated this method strenuously, saying: we sit here to find the intention of Parliament and we do this better by filling in the gaps than opening up enactment to destructive analysis. (b) Moji is charged with soliciting from the balcony of her flat Moji is trying to elude the Street Offences Act by not being in the street when soliciting for clients. Applying the literal rule Moji will be acquitted and It is obvious parliament could not have intended for their enactments to cause such ineffective results. However, Lord Esher argues: the court has nothing to do with the question whether the legislature has committed an absurdity but it is plainly obvious that such an approach is mechanical and divorced from the realities of the use of language (Martin: 2007: 88) and negates the true spirit of the law. In Smith v Hughes [1960] six women were convicted under this Act for soliciting from their flats, windows and balconies and argued their convictions were wrong because, although they accepted they were engaged in prostitution, they did not contravene the legislations wording which states in a street or public place for the purposes of prostitution (www.opsi.gov.uk on 21/12/09). However, their convictions were upheld, Lord Parker giving judgement: Everybody knows this was an Act to clean up the streets. viewed in this way it can matter little whether the prostitute is standing in the street or in the doorway or on the balcony, or at a window, or whether the window is shut or open or half open. In Eastbourne Borough Council v Stirling [Times, 16th November 2000] a taxi driver was convicted because, although he was on private land, he targeted for hire people on the street. Bound by these judgements Moji will be convicted as the mischief the Act sought to eliminate was prostitution targeted on streets. This effectively re-writes law and criticism follows that it is an encroachment on the sovereignty of parliament; undermines the separation of powers and allows judges to arbitrarily decide cases. However, under the doctrine of judicial precedence this can be restricted (Slapper and Kelly: 2009). (c) Rosalyn is charged with soliciting from the high street In some cases application of the literal rule leads to an absurdity such as Whiteley v Chappell [1868] where the defendant was charged in accordance with the words to impersonate any person entitled to vote. He was acquitted because a dead person is not literally entitled to vote. Another case illustrating the problem with the literal rule is Cheeseman v DPP [Times, 2nd November 1990] where a defendant was acquitted because police officers were not passengers. Had the mischief rule been used it wouldve produced correct verdicts according to common sense and the intentions of Parliament as the Acts aimed to bring to justice those committing fraud and indecency. In some situations though, the literal rule suffices to deliver the intentions of a statute. The Street Offences Act 1959 section 1(4) defines street, amongst other definitions, as for the time being open to the public shall be treated as forming part of the street. A high street is, according to the Oxford English Dictionary 2005, catering to the needs of the ordinary public. With such an interpretation Rosalyn will be convicted.