Sunday, August 23, 2020
Analysis of the immigration problem :: essays research papers
Investigation of the Immigration Problem The world has experienced an upheaval and it has changed a part. We have cut the demise rates the world over with present day medication what's more, new cultivating strategies. For instance, we showered to obliterate mosquitoes in Sri Lanka during the 1950s. In one year, the normal existence of everybody in Sri Lanka was reached out by eight years on the grounds that the quantity of individuals biting the dust from jungle fever unexpectedly declined. This was an extraordinary human accomplishment. Be that as it may, we cut the passing rate without cutting the birth rate. Presently populace is taking off. There were around one billion individuals living on the planet when the Statue of Freedom was fabricated. There are 4.5 billion today. Total populace is developing at a colossal rate. The world is going to include a billion individuals in the following eleven years, that is 224,000 consistently! Specialists state there will be in any event 1.65 billion additional individuals living on the planet in the following twenty years. We should comprehend what these numbers mean for the U.S. We should take a gander at the subject of employments. The International Labor association ventures a twenty-year increment of 600 to 700 million individuals who will be looking for occupations. Eighty-eight percent of the total populace development happens in the Third World. In excess of a billion people today are paid around 150 dollars every year, which is not exactly the normal American procures in seven days. Furthermore, developing quantities of these inadequately paid Third World residents need to go to the United States. During the 1970s, every other nation that acknowledge migrants begun controlling the quantity of individuals they would permit into their nations. The United States didn't. This implies the gigantic numbers of workers who are turned down somewhere else will go to the United States. The quantity of workers is faltering. The human affliction they speak to is a bad dream. Latin America's populace is currently 390 million individuals. It will be 800 million in the year 2025. Mexico's populace has significantly increased since the Second World War. 33% of the populace of Mexico is under ten years old, therefore, in just ten years, Mexico's joblessness rate will expand 30 percent, as these kids become youthful grown-ups, looking for work. There were in 1990 an expected 4,000,000 foreigners in the United States, what's more, around 55 percent of them were from Mexico. These individuals look to the United States.
Friday, August 21, 2020
Stonewall Case study Example | Topics and Well Written Essays - 1750 words
Stonewall - Case Study Example (b) Economic variables: The monetary components involve loan fees, tax assessment changes, financial development, swelling and trade rates. It can affect business in various manners, for example the higher loan fees may demoralize speculation since it costs more to get. (c)Inflation: It might offer ascent to more significant compensation requests from representatives and furthermore raise the expenses, for example higher national salary development may help interest for an association's items. (d)Social factors: Changes in social patterns can affect the interest for an association's items and the ability of people to work. In the event that we state that populace of Canada is maturing, at that point we will likewise consider that progressively mature age homes would be required, which thusly would require development material. (e)Technological factor: New advances make new items and new procedures. It is likewise equipped for decreasing expenses and improving quality and it additiona lly prompts development. These advancements can profit buyers just as the associations giving the items. 4. Recognize and clarify the different methods for determining work gracefully and work request. What would organizations be able to do in the short run when they perceive a hole where flexibly far surpasses request? What could Stonewall do in this circumstance? The procedures that can be utilized for estimating work requests are pattern investigation and the board conjecture. (a) Trend investigation: in which work necessities are guage based on some authoritative file. (b)Management estimate: are the assessments of specialists, bosses and some of the time the talented work also, with respect to the authoritative work gauge. The flexibly of work can be determined by various procedures including staffing tables, Markov examination, and... Stonewall Company ought to investigate options preceding creation its scaling back choice. One approach to do so is by representative exchange to either inside companyââ¬â¢s sponsorships, or to different organizations. Afterward, in the event that presentation of moved representatives stays stale, at that point cutbacks with appropriate thinking will be the main way out. Data with respect to scaling down ought to be given to the workers as it isn't just an employeeââ¬â¢s option to think about it in any event 3 months before cutback, however it is likewise establishes the companyââ¬â¢s preeminent obligation to its representatives. Stonewall Company ought to settle on scaling back the Montreal plant. The thinking behind it is that the Quebec is moderately little area when contrasted with others. In the event that now and again, more supplies are required, Mississauga plant can without much of a stretch vehicle it to Montreal since it is just on a 6 hours drive. Additionally, n ormal hourly rate in Montreal plant is less when contrasted with others. In this way, so as to keep away from the negative effect on the rest of the representatives, Stonewall can build the normal hourly rate, which would effectively persuade the current workers.
Thursday, July 9, 2020
Social Stratification - Free Essay Example
Q1A. The question of the inevitability of social stratification is one of the fundamental bases of the theories of Kingsley Davis and Wilbert Moore. Davis and Moore (1945) argue that as long as there is division of labor in the society, and that there are variability in the roles with varying degrees of importance, stratification will occur. There is a significant difference in the wages of CEOââ¬â¢s and a minimum wage earner because according to the theory, there is a functional necessity of providing different rewards for different positions in the society in accordance to an individualââ¬â¢s abilities. Because not everyone is qualified for specific positions or roles set by the society, there is a need to fill them by making sure that the right people are motivated enough to find ways by which they can fill these certain positions. The theory established by Davis and Moore shows that social stratification, aside from being inevitable, is highly functional in nature. Stratification is an instrument that the society utilizes to attract the right people for the right roles set by the society. The situation regarding the increasing wage gap between the CEO and the minimum wage earners can be explained by the functional needs to get the right people motivated to do to right job through stratification. Q1B. There is empirical evidence showing that women earn significantly less than men. Davis and Moore would probably look at this situation emphasizing that gender is a central aspect in the social stratification. It is functional in a sense that men are physically more competent than women, and therefore giving them more incentives to perform these positions would result to the improvement of productivity. Society has set different roles for different genders and usually, the roles that are assigned to women are those that would allow them in work inside the house taking care of children for instance. Though this may also be considered as a full time job, there is no monetary equivalence to this kind of occupation. In contrast to this, men are expected to earn the income for their family to continue subsistence. The main function of inequality is due to the very fact that not all roles in the society have the same extent of difficulty. Because there is a societal notion that the responsibility assigned to men and women are not the same, social stratification according to gender exists, hence the difference in wage rates. Q2A Melvin Tulmin made a response to the theory created by Davis and Moore. He claims that there are several loopholes that the functional theories of Davis and Moore were not able to address, such defining the term ââ¬Å"functionally importantâ⬠. The situation involving the wage gap between the CEO and the minimum wage earner can be explained by Tulminââ¬â¢s criticism to the theories of the previous sociologists. For Tulmin, the system of social stratification does not function as the motivating force to attract the right people to the right positions but to force the acceptance of ideologies that govern the society. The increasing gap between the earnings of the CEO and the minimum wage earners can be explained by the fact that there is indeed an existing barrier between the two types of people mentioned above. This would lead the society to accept the ideology that the former is indeed superior as compared to the latter. Social stratification systems functions to maintain the status quo in the society. Because of the existing social stratification, a large segment of the society are not even given the opportunity to undergo the training so the selective function of social stratification systems as argued by Davis and Moore is defeated. Q2B In the points of criticism of Tulmin out against the functional theory of Davis and Moore, it was highlighted that systems of social stratification has the function to regulate the discovery of the full potential of talents available in the society. In this case, we can say that the women are not given enough opportunities as compared to their male counterparts because of the limited resources that are provided to them, which would lead the society to accept the ideology that women are certainly inferior to men. Social stratification systems serve as a tool to distribute positive self images of individual in the certain category concerned. The wage gap between male and female could be explained by Tulminââ¬â¢s thesis that ââ¬Å"Social stratification systems function to provide the elite with the political power necessary to procure acceptance and dominance of an ideology which rationalizes the status quo, whatever it may be, as logical, natural and morally right. (Tulmin, 1953) This means that there is a prevailing status quo that has to be preserved in order for the society to function according to preference of the dominant stratum, which in this case is the male. Q3A Karl Marx is one of the most influential political thinkers of the nineteenth century, who claimed that exploitation is an inherent characteristic of the capitalist system. If he were to look at the situation involving the CEO and the minimum wage earners, he would probably conclude that this phenomenon is brought about b y the capitalist society prevailing the United States. He would associate the CEO to the ââ¬Å"bourgeoisie,â⬠the class who own the means of production, while the minimum wage earners are the ââ¬Å"proletariatâ⬠the group of individuals who sell their labor but do not possess the means of production. In a capitalist system, profit is earned by paying the workers less than the full value of their output. The identity of each social class is a function of their contribution to the means of production. In each social class, there exists an ideology and consciousness among the members of the society that is shaped by the material conditions and their relationship to the means of production. Using Karl Marxââ¬â¢s theory, we can conclude that this situation is an effect of the capitalist system. Q3B The difference in the wage earned by male and female represents a power relation between the genders favoring the former. Women are oppressed in the society due to the notion of private property which then leads to economic inequality, and ultimately social relations between the two genders. The capitalist system prevails in a patriarchal society. According to a socialist Azizah Al-Hibri, capitalism is an advanced form of patriarchy. Roberts, 1998) In this Marxist-Feminist point of view, we can conclude that the significant difference between the wages of men and women is a tool for the patriarchal society to stay in power, since social classes is ultimately defined by its material conditions. Gender inequality exists because it serves the interest of the capital or the ruling class. Reference List Rhonda F. Levine, ed. (1998) Social Class and Stratification: Classical Stat ements and Theoretical Debates. New York: Rowman and Littlefield Roberts, Carey. (1998) Karl Marx and the Gender Wage Gap. Retrieved June 21, 2008 from iFeminist. com. Available online at:
Tuesday, May 19, 2020
Masters Of Education Program Reflection - 957 Words
Masters of Education Program Reflection When I decided to further my education, I was not fully aware of the direction I wanted to go in. The school I would choose to study, the degree I would seek were all still vague. After weeks of research I made a decision to pursue a Masterââ¬â¢s of Education in Curriculum, Instruction and Assessment at Walden University. From my research, it was made clear that a degree in curriculum, instruction and assessment would position me to become a positive change agent within my classroom. Walden University has equipped me with the knowledge needed to creating an effective and efficiently run enhanced learning environment for my students where the content is related to their lives, authentic assessments are used to promote higher level thinking while solving real world problems, and where the classroom community allows for student voices to be hear. I have always leaned more towards a constructivist view of learning. Students should be in a classroom where they are not just sitting and listening but doing and constructing their own knowledge. This provides a platform for them to become intrinsically motivated in the learning process because they are actively involved. However, I did not understand how to effectively make that happen. As a new teacher, I followed in the footsteps of my assigned ââ¬Å"mentorsâ⬠, using their lessons and activities, simply trying to keep my head above water. During my fourth year of teaching, I committed to a planShow MoreRelatedBecoming a Certified Teacher in Missouri890 Words à |à 4 PagesMissouri â⬠¢ My Teaching Background o Master of Education in Early Childhood Education at Grand Canyon University o Currently enrolled o Expected graduation: December 2015 â⬠¢ First step: Earning Your Degree o Minimum requirement for certification is a Bachelorââ¬â¢s degree in the Program of Study o Ex. Early Childhood Education o Must be from accredited, state approved education program accepted by the Missouri Department of Elementary and Secondary Education (DESE) â⬠¢ http://dese.mo.gov â⬠¢ SecondRead MoreGovernment and Nursing Organization Influencing Nursing Education Comparison of Poland and China696 Words à |à 3 Pages. In 1961, Beijing Second Medical College established a department of nursing to enroll working nurses for further education (Chen, 1996; Yu, Xu Zhang, 2000). Government and Nursing Organizations Influencing Nursing Education: Comparison of Poland and China Poland In Poland, various organizations have influenced the nurse education and training. In 1925, the International Council of Nurses (ICN) accepted the establishment and membership of the Polish Nursing Association of Professional NursesRead MoreBook Review - Managers Not Mbas a Hard Look at the Sodt Practice of Management by Henry Mintzberg1651 Words à |à 7 Pagespractice of management can only be learned by the action-reflection model. Management is the practice of getting the right things done, individually and collectively, and learning happens not just by doing but by being able to gain conceptual understanding while doing it. Management competence, as a practice rather than a profession, cannot be taught in the abstract, but is best learned in context through a combination of action and reflection. In management, a so called ââ¬Å"laypersonâ⬠with relevant skillsRead MoreThe Maternal And Child Health Bureau Strategic Plan873 Words à |à 4 Pagessupport scholarship within the field by proving graduate education to develop interdisciplinary public health leaders nationwide. The Maternal and Child Health Bureau invested in innovative training and education programs to produce more qualified leaders according to a set of guidelines on the national level (Dodds, et al., 2010). To stay up to date in the field there must be an advancement of the methods of successful training programs in regards to key stakeholders. An example of this type ofRead MoreI Am A ----Year Old Christian Woman. I Come From Pakistan1256 Words à |à 6 PagesI am a ----year old Christian woman. I come from Pakistan and am currently working on my Master of Divinity program at Garrett- Evangelical Theological Seminary, Evanston, IL. I am looking forward to graduating on May 12, 2017. I am a United Methodist and a certified Candidate for Ordained Ministry. I am on the elder track. Last year, I also became a certified lay minister and was recommended for Local Pastorââ¬â¢s License ; however, I did not receive any appointment. Serving God and Godââ¬â¢s people hadRead MoreCareer Outlook And Personal Considerations1646 Words à |à 7 Pagesbecoming a nursing educator seems like a natural transition from clinical nurse to instructor. This paper will examine the historical role, qualifications, education and certifications available, roles and responsibilities of nurse educators. The paper will conclude with the career outlook and personal considerations. History Formal nursing education originally began inside hospitals, but moved to learning institutions in the late 1800s (Jackson, 2006). This transition from hospital to schools is creditedRead MoreI Am A Student In The Master Of Divinity Program At Garrett-Evangelical Theological Seminary,1325 Words à |à 6 PagesI am a student in the Master of Divinity program at Garrett-Evangelical Theological Seminary, anticipating graduation in May 2017. The Master of Divinity program has broadened my whole understanding of the Church and God, and has established a desire to further explore theology in the academy. Therefore, I am applying to the Master of Theological Studies program, with a desire to focus on Theology and Ethics. I am seeking admission into this program to further my growth as a scholar and researcherRead MoreMy Career As A Teacher898 Words à |à 4 Pagestaught fourth and second grade. While working at the Aptos Academy, I attended California State University Monterey Bay, where I received my Bachelor of Arts degree in Liberal Studies and completed a Multiple Subject Preparation Program. Following this, I received my Masters of Arts degree in Curriculum and Instruction through the University of Saint Mary in Leavensworth, Kansas. After twelve years of teaching at the Aptos Academy, I moved to Maui, Hawaii where I taught sixth grade for two years atRead MoreNotes On Teaching And Learning Methods Essay1062 Words à |à 5 PagesEssay Structure Gibbs, G. (1988). Learning by Doing: a guide to teaching and learning methods. Oxford: Further Education Unit. My Outline 1. Description: What happened? a. What: Hardship in the beginning of the study in New Zealand i. Hardly understand the lessons from the first day. Since most the background knowledge such as mathematics were required to be revised. ii. Tried to read books and still hardly understand most of the lesson iii. Courses started to be very challenging and informationRead MoreHistory And Development Of Nursing Education1691 Words à |à 7 Pages Comparing Nursing Education in Ireland and China Lakeisha Alexander Florida International University Introduction The countries that I have chosen to research are Ireland and China. I chose Ireland because while I was in high school there was an opportunity to study abroad in the country; I was unable to participate in the program but was curious about what receiving an education there would be like. My opinion of nursing education in Ireland is that itââ¬â¢s
Wednesday, May 6, 2020
Lord Of The Flies - Role Of Gender Essay - 892 Words
What was it that caused the aggression and dominance exhibited by the boys of Lord of the Flies? Was it some metaphysical, spiritual force, or perhaps their genetic makeup? Could it have been the influence of their peers or families, or was it the media that inspired this dangerous pattern? Conceivably, their gender had something to do with this appalling trait. It all begs the question, would the same experiences have occurred had females been stranded on the island instead of males? Had females been in a similar situation as the boys in Lord of the Flies, they would have fared abundantly better. Initially, this paper will address societyââ¬â¢s role in encouraging malesââ¬â¢ violent behavior, as well as femalesââ¬â¢ politeness and passivity.â⬠¦show more contentâ⬠¦With the influences of societyââ¬â¢s stereotyping, girls would generally more nurturing and caring towards group members. A lot of malesââ¬â¢ violent behavior and femalesââ¬â¢ complaisance can be accredited to family and institutional socialization. Parents usually raise boys on aggressive sports, such as hockey and football, which encourage violence. Girls, however, are generally brought up on quot;femininequot; activities, dance and figure skating to name a few, which promote a gentle, polite nature. It is the rare parent that heeds their four-year-old sonââ¬â¢s aspiration to be a ballet dancer by purchasing the child a pair of tights and a leotard. When a boy shows more interest in dolls than in trucks, his family may be distressed, and provoke him to reveal his quot;masculinequot; side. After striving for egalitarianism between the sexes for so many years, families still deter young girls from pursuits of hockey stardom, hoping to interest them in Pointe shoes. Displays of emotion by boys are often criticized for being quot;unmasculinequot;, whereas emotional behavior in girls tends to be e xpected and accepted. As a result, boys tend to not only hide their feelings, but criticize friends for showing their emotions. Girls, on the other hand, encourage one another to express feelings and console one another naturally. Research shows that boys and girls have different means of reachingShow MoreRelatedThe Lord of the Flies by William Golding776 Words à |à 3 PagesThe novel Lord of the Flies presents the themes of evil and sin as an innate, inevitable and negative feature throughout the novel, similar to the play The Crucible. William Golding uses Lord of the Flies as an allegory to present evil and sin through different symbols within the novel, with boys being trapped on an island. Arthur Miller presents evil and sin through a contextual, Puritan society within various characters. Even though both writers present these themes, Golding presents it in theRead MoreLord Of The Flies By William Golding1724 Words à |à 7 PagesLord of the ââ¬Å"Guysâ⬠: A Feminist Reading of Lord of the Flies CRASH! A plane crashes full of people near an island. The plane is full of grown-ups and childrenà ¾young boys to be exact. Surprisingly, all the grown-ups die and only the young boys survive and discover themselves on an island, in a jungle. Their survival lies only in their young, inexperienced hands. The boys form a society, an all male society. No need for girls right? WRONG! Many might think that a feminist critic would have little ifRead MoreAnalysis Of Lord Of The Flies And Hunger Games By Suzanne Collins1208 Words à |à 5 Pagesit. The novels, Lord of The Flies by William Golding and The Hunger Games by Suzanne Collins, demonstrate this prospect as through the narrative techniques of characterisation, plot, setting and style, they exemplify the moral decline of man under pressure to survive, ultimately resulting in savagery. Characterisation plays a major role in both texts as each character serves as a representation humanity and the faults within it. Throughout Lord of the Flies there is a developingRead MoreLord Of The Flies By William Golding1466 Words à |à 6 PagesLord of the Flies is a very interesting novel about young boys who are stranded on an island. William Golding conducts the ultimate thought of experimenting human nature. When he places the group of boys on a deserted island, Golding wants to find the defects of human nature at the root. However, his experiment lacks control, because the boys have already been raised in the Western culture. Their temptations for war and destruction are because of the events that surrounded them in their earlyRead MoreLord Of The Flies : Representation Of Violence And War1611 Words à |à 7 PagesLord Of The Flies: Representation Of Violence and War Dietrich Bonhoeffer, a German theologian, states that ââ¬Å" The ultimate test of a moral society is the kind of world that it leaves to its children.â⬠In William Goldingââ¬â¢s Lord Of The Flies, societal topics run rampant throughout the text with Goldingââ¬â¢s use of individuals to represent different aspects of society. Many writers view the Lord Of The Flies as an allegory, as societal topics such as politics make appearances throughout the text. InRead MoreLord of The Flies Essay1673 Words à |à 7 PagesLord of the Flies was published in 1954 by William Golding. Today Lord of the Flies is a well known literary criticism. Many schools require their students to read Lord of the Flies because of the literary criticisms in the book. In this paper three themes or literary criticisms are talked about: good vs. evil, symbolism of characters, and maturity of characters. Another topic in Goldings Lord of the Flies is the battle of good vs. evil. Everything seems to start out just fine on the island; theRead MoreSummary Of Lord Of The Flies 1541 Words à |à 7 PagesKevin Luu AP Lit-B3 Ms.Anders Summer Novel Reading Questions 1.Golding,William. Lord of the Flies. Faber and Faber,1954 2.The title Lord of the Flies is referring to Beelzebub which is another name for the devil. This title is fitting for the story because typically flies surround something that is filthy or dirty,and in the story the boys on the island progressively become more dirty as the story progresses which reflects the innate evil that is in all of them. 3.The boys who are marooned onRead More Gender Roles in Romeo and Juliet, by William Shakespeare Essay857 Words à |à 4 PagesShakespeare, there is an overlaying presence of the typical roles that men and women were supposed to play. During Elizabethan times there was a major difference between the way men and women were supposed to act. Men typically were supposed to be masculine and powerful, and defend the honor. Women, on the other hand, were supposed to be subservient to their men in their lives and do as ever they wished. In Romeo and Juliet the typical gender roles that men and women were supposed to play had an influenceRead MoreCompare And Contrast The Long Queen And The Map Women1250 Words à |à 5 Pagesto the failure or the absence of relationships that is both physical and mental suffering from desolation. In the first stanza Duffy uses the technique of asyndetic listing of all the potential suitors that the monarch could have married like the lord, the baronet, the c ount, instead she has accepted Time for a husband. Duffy personifies Time as she gives it a capital letter resembling a name, it also embodies how the queen left it too late to marry, instead married her people and gave up seekingRead MoreThe Long Queen And The Map Women By Carol Ann Duffy1254 Words à |à 6 Pagesto the failure or the absence of relationships that is both physical and mental suffering from desolation. In the first stanza Duffy uses the technique of asyndetic listing of all the potential suitors that the monarch could have married like the lord, the baronet, the count, instead she has accepted Time for a husband. Duffy personifies Time as she gives it a capital letter resembling a name, it also embodies how the queen left it too late to marry, instead married her people and gave up seeking
Last Game of the Year free essay sample
The last game of the regular football season we played for a state playoff berth against our cross town rivals, the chieftains. The opening play from scrimmage, the chieftains rushed for a 69 yard touchdown and the following possession they rushed for another touchdown. Before we blinked the score was 14 to zero and by the time we got to the locker room for half time the score was 19-0. The second quarter didnt bring any better outcome. The end of the third quarter a player from our team got hurt and had to be taken to the hospital on a stretcher. During the time we were taking a knee to show respect for the injured player the chieftians did not take a knee. The chieftains should have shown some respect and taken a knee. In front of a standing room only crowd of 3,000 the town showed their true colors with the lack of respect for each team, they should have booed the chieftians for not taking a knee. We will write a custom essay sample on Last Game of the Year or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Even though we live in the same town and played in the same youth league even on the same team in some cases. I would assume that would be more respect for each other. In the middle in the fourth quarter as the rival running back was run out of bounds players on the bench starting to make comments at our players. A player on the their sideline was making comments at our middle linebacker; he was calling him a pussy and other things. One our linebacker would have destoyed this kid in a fight and on top of that he played the last 7 games of the season with a torn meniscus, so he definitely is not a pussy. I felt that again that the true colors of the town were shown, even though embarrassing us at home wasnââ¬â¢t enough of a victory for them. Talking trash when being up 41-0 seems very juvenile and downright disrespectful not only are you winning big but talking trash just adds insult to injury. Again this shows how strong the rivalry between the schools actually is. I thought that it was friendly rivalry between cross town rivals not a: we have no respect for the other team rivalry. Its not like were playing against a team from a different town who we dont know who the players are, we are playing against kids who live in the same town as us. There should be more respect between the players of the team.
Wednesday, April 22, 2020
Understanding the Linkage between Aggression Personality Disorders A Critical Analysis
Introduction Extant epidemiologic studies and laboratory research consistently demonstrate that aggression is a developmentally salient behavior, which is mostly triggered by situational factors such as the presence of violent cues, parental conflict and divorce, poverty, provocation, and the quality of parent-child relations (Bettencourt et al. 751).Advertising We will write a custom research paper sample on Understanding the Linkage between Aggression Personality Disorders: A Critical Analysis specifically for you for only $16.05 $11/page Learn More Another strand of existing literature (e.g., Daffern et al. 430; Fossati et al. 24; Latalova Praske 239) demonstrates that aggression, in its form and scope, is a widespread symptom in a number of disorders and syndromes of psychiatric concern, particularly maladaptive personal functioning and personality disorder. However, there still remains a dearth in literature with regard to the particular correlate s of aggression that are exhibited in people with personality disorders, and if aggressive behavior is a precondition of personality disorder. Through a critical analysis of several personality disorders classified under the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, 4th edition), such as borderline personality disorder, antisocial personality disorder, avoidant personality disorder, narcissistic personality disorder and obsessive-compulsive personality disorder, this paper aims to demonstrate that aggression against self or against others is a core component of personality disorders. Understanding Aggression Personality Disorder Considerable research conducted over several decades has attempted to investigate the reasons for exhibiting aggressive behavior in patients suffering from personality disorders (Daffern et al. 426), but no conclusive results seem forthcoming in a number of fronts, in large part due to the problems encountered in categorizing personalit y disorders (Nelson-Gray et al. 12). In other fronts, however, studies have been conclusive on the relationship between aggression and personality disorders, and the influence that aggressive behavior impacts on personality disorders and vise-versa (Reidy et al. 415). Many academics and practitioners believe that aggressive behavioral orientation on the part of individuals with personality disorders stands in the way of attaining effective treatment and management of these disorders (Nouvion et al. 554) and, as such, it is of essence to come up with strategies and modalities for purposeful intervention with regard to eliminating or reducing aggression in this group of the population. The following section aims to seek a better understanding of the concept of aggression within the broader context of personality disorders.Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Aggression Aggre ssion literature continues to elicit increased attention from academics and practitioners, primarily because of the many negative consequences associated with the concept in the broad fields of psychology and psychiatry. Aggression has been described as ââ¬Å"â⬠¦overt behavior involving intent to inflict noxious stimulation or to behave destructively towards another organism or objectâ⬠(Latalova Prasko 240). Aggression, according to these particular authors, is different from anger, which is perceived as an emotional state that fluctuates from mild irritation to passionate range and is a common precursor to overt aggressive behavior. The variations notwithstanding, there exists compelling evidence to the fact that aggressive behaviors embody significant challenges to the successful integration into society of individuals with personality disorders and other psychiatric disorders, not mentioning that an aggressive orientation presents significant management issues for car e providers (Crocker et al. 652). Some paradigms to studying aggression divide aggressive behavior into discrete subtypes depending upon the scope and the context of the aspects concerned. Although the nomenclature of these subtypes often varies, research demonstrates that some individuals exhibit more than one subtype of aggression (Nouvion et al. 552) and that associations often exist among the various subtypes of aggression (Reidy et al. 415). Overall, an aggressive orientation exhibited by an individual may distinctively be described as being reactive or proactive. A meta-analytic review of psychology and psychiatric literature (e.g., Nouvion 552; Reidy et al. 416; Latalova Praske 240) demonstrates that reactive aggressive behavior occurs in response to aggravations or threats, or discernments of threats, while proactive aggressive behavior is deliberate, planned and goal-oriented. Consequently, while reactive aggressive behavior tends to be emotional, impulsive, hostile and pe rpetuated with high autonomic arousal and minimal behavioral control, proactive aggressive behavior is perpetuated with low autonomic arousal and a high degree of behavioral control. Studies have found that proactive aggressive behavior is closely correlated to personality disorders and other psychiatric disorders than reactive aggressive behavior (Nouvion et al. 553). In one such study cited by these authors, some researchers found that proactive aggression exhibited by 12-year olds premeditated their levels of delinquency, oppositional defiant disorder (ODD) and conduct disorder (CD) by the time the teenagers reached age 15. In yet another study also reported by these authors, researchers found that ââ¬Å"â⬠¦proactive males, compared with reactive males, were more prone to externalizing problems (aggression, unruliness) in childhood and adjustment problems (noncompliance, conduct problems) in adolescence, and that proactive males and females had poorer achievement in school a nd were heavy users of alcohol as adultsâ⬠(553).Advertising We will write a custom research paper sample on Understanding the Linkage between Aggression Personality Disorders: A Critical Analysis specifically for you for only $16.05 $11/page Learn More To drive the point home, another study also cited by the same authors found proactive aggression to be positively correlated with a multiplicity of personality and behavioral disorders, such as antisocial personality disorder and disruptive behavior diagnosis. These findings aptly demonstrate that aggressive behavior is a fundamental component of personality disorders. Consequently, it can be argued that proactive aggression is a uniquely discernible form of aggressive behavior with significant clinical implications for individuals with preexisting condition for personality disorder (Nouvion et al. 553). To provide some more insights into this issue, academics and practitioners have acknowledged th at ââ¬Å"â⬠¦individuals displaying reactive aggression may be differentiated from individuals displaying proactive aggression on measures of personality and psychopathology, as well as in histories of aggression, and type and severity of aggressive behaviors committedâ⬠(Fossati et al. 22). However, both proactive and reactive forms of aggression have been noted to either lead to aggression against self or aggression against others (Reidy et al. 415). As noted in psychological literature, the two subsets of violence ââ¬Å"â⬠¦share certain underlying neurobiological mechanisms, but their impact on clinical care, patientââ¬â¢s environment, and legal involvement are differentâ⬠(Latalova Prasko 239). Unlike aggression against self, which is ultimately viewed as a form of self-injurious behavior, aggression against others not only endangers care providers, family members and other patients, but may also carry legal penalties for the perpetrator (Bowins 155), as w ell as increased risk for victimization in job settings and criminalization (Crocker et al 652). Some researchers argue from the perspective that aggression causes negative ramifications on interpersonal relations, which in turn triggers or aggravates personality disorders in individuals experiencing the noted interpersonal strain (DiGiuseppe et al. 67). In such a scenario, aggressive behavioral orientation, arising from such factors as family discord, couple distress and parent-child conflict, becomes the triggering agent for personality disorder and other behavioral and cognitive impairments, including irrationality, poor judgment, and engaging in risky and erratic behavior.Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Personality Disorders According to traditional diagnostic perspectives embodied in the DSM-IV-TR (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, text revision), a personality disorder is described as ââ¬Å"â⬠¦an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individualââ¬â¢s culture, is pervasive and inflexible, has onset in adolescence or early childhood, is stable over time, and leads to distress or impairmentâ⬠(Nelson-Gray et al 7). Personality disorders are complex and highly challenging, not only for the individuals concerned but also the society, health institutions and caregivers, mainly due to the fact that only a limited number of treatment therapies are supported by research. In terms of prevalence, one study demonstrates that the most common personality disorder is ââ¬Å"â⬠¦the obsessive-compulsive personality disorder, followed by passive-aggressive, avoidant, borderline, and h istrionic personality disorderâ⬠(Torgersen 626). While these disorders represent a cluster of the most common personality disorders, it is imperative to mention that the rarest personality disorders within the general population include antisocial, schizoid, dependent, and sadistic personality disorders. However, it is essential to note that prevalence rates may vary depending on the geographical context and population (Roberts et al. 225). The following sections aim to look at the inter-linkages between the sampled personality disorders and the prevalence of aggression. The sections will also incorporate findings from an interview with an expert psychiatrist about the perceived relationship between aggression and personality disorders. Aggression and Antisocial Personality Disorder (ASPD) Debate still rages as to what this entity really represents, with some researchers arguing that there is an actual defect in sociopaths while others argue ââ¬Å"â⬠¦that antisocial behav ior is an adaptive trait providing an enhanced ability to acquire recourses through deceitâ⬠(Bowins 158). However, the DSM-IV acknowledges that antisocial personality disorder (ASPD) is typified by a persistent disrespect for, and infringement on, other peopleââ¬â¢s rights and freedoms (Reidy et al. 415). The present criteria for ASPD, as elucidated in DSM-IV, encompass a behavioral blueprint that is initiated before age 15, and consist of three of the following behaviors: repeated criminal acts, deceitfulness, impulsiveness, repeated fights or assaults, disregard and disrespect for the security of others, irresponsibility, and lack of remorse (Moeller Dougherty 6). It is imperative to note that ASPD is a comparatively common personality disorder afflicting the general population, with available statistics demonstrating that an estimated 3 percent of men and 1 percent of women successfully meet the DSM-IV criteria for ASPD (Moeller Dougherty 6). Interestingly, the prevale nce of ASPD is much higher in selected populations, such as violent offenders incarcerated in prisons and patients in alcohol or substance abuse treatment programs, suggesting a strong correlation between ASPD and aggressive behavior. Contract killers, who are often extremely aggressive individuals but having the capacity to hide or encapsulate emotions, fall into this category of antisocial individuals (Bowins 159) One study seems to suggest that dysregulated and uncontrollable aggression, may it be proactive or reactive, is a hallmark of ASPD (DiGiuseppe 69). However, another study suggests that ââ¬Å"â⬠¦detachment from, and indifference to, the feelings and welfare of others is a hallmark of this conditionâ⬠(Bowins 158). The variations notwithstanding, research has demonstrated that individuals presenting with ASPD ââ¬Å"â⬠¦are prone to develop an overt antisocial pathway characterized by an escalation from minor aggressive (e.g., bullying, annoying others) to ser ious violent behaviors (e.g., gang fighting, physical assault)â⬠(DiGiunta et al. 874). Another study demonstrated that individuals ââ¬Å"â⬠¦with histories of behaviors associated with ASPD were more aggressive than were people without such historiesâ⬠(Moeller Dougherty 7). In yet another study, it was demonstrated that adolescent male parolees exhibiting three or more of mentioned ASPD symptoms exhibited higher aggressive behavior than did adolescent female parolees with no symptoms of ASPD. Based on these sentinel studies, it could be authoritatively argued that there is a positive correlation between ASPD and aggression and that ASPD does, in fact, increase aggressive behavior in humans. The findings, more than anything else, exemplify the fact that individuals who are likely to engage in aggressive behavior are more likely to have an elaborate and readily available personality disorder (Bettencourt et al. 753) An interview with a psychiatrist in a local counseli ng center for individuals exhibiting disordered behavior demonstrated that it is often difficult to treat clients with a personality disorder, primarily because such individuals may not necessarily display insight that their behaviors deviate from societal norms. As a matter of fact, the psychiatrist confided in me that an individual presenting with ASPD might not be conscious of the fact that others within the social setup regard his behavior as excessively calculating and self-serving; rather, he may view his behavior as an absolutely normal attempt to get ahead of his peers. It, therefore, becomes extremely important for caregivers to look into other possessive behavioral orientations, such as heightened aggression, to make a correct diagnosis of ASPD and other personality disorders (Nouvion et al. 560). Aggression and Borderline Personality Disorder Borderline personality disorder (BPD) is included within Cluster B (erratic-emotional-dramatic) of Axis II personality disorders an d is typified by the DSM-IV-TR ââ¬Å"â⬠¦as a pervasive pattern of instability of interpersonal relationships, self-image, and affects, and marked impulsivity that begins by early adulthood and is present in a variety of contextsâ⬠(Nelson-Gray et al 26). BPD is typified by volatility and dysfunction in affective, behavioral, and interpersonal spheres of the individual, leading to impulsive and self-destructive behaviors in the event of the individual reaching extreme affective instability. These episodes are typically succinct and reactive and entail intense fluctuations between angry and depressed states (Reidy et al. 417). Available literature demonstrates that ââ¬Å"â⬠¦patients with borderline personality disorder, mainly with impulsive-behavioral dyscontrol symptoms, exhibit impulsive aggression, self-mutilation, or self-damaging behavior (e.g., promiscuous sex, substance abuse, reckless spending)â⬠(Latalova Prasko 239). Another strand of existing literatur e demonstrates that individuals with BPD exhibit ââ¬Å"â⬠¦emotional/affective dysregulation (e.g., labile mood, anger, negative affect), interpersonal difficulties (e.g., sensitivity to perceived threats of abandonment or rejections), impulsivity (e.g., self-injury or sexual promiscuity), and cognitive dysregulation (e.g., dissociation in responses to stress, unstable self-image)â⬠(Nelson-Gray et al 27). Interestingly, nearly all of these behavioral orientations are positively correlated with aggression (Daffern et al. 427), implying that aggression may be an innate constituent of BPD. Extant research demonstrates that BPD has high comorbidity with substance use and alcohol disorders, Bipolar Disorder, and Antisocial Personality Disorder, implying that patients suffering from BPD are at elevated risk of demonstrating violent or aggressive behavior (Latalova Prasko 239). In yet another study, it was reported that ââ¬Å"â⬠¦women with borderline personality disorder de monstrated more aggressive responses than did women without the disorderâ⬠(Moeller Dougherty 8). To reinforce this perspective, another study found that a self-report of BPD aspects in middle childhood was distinctively linked to instructor-reported relational aggression (aggression displayed to damage or destroy relationships) even after controlling other extraneous variables such as physical aggression and depressive symptomatology (Reidy et al. 415). Moving on, psychological and psychiatric literature has proved that patients with BPD are also known to present with manifold problems in a therapeutic setting, such as placid forms of therapy interfering behavior to violent suicidal gestures and aggressive episodes (Nelson-Gray et al. 30). Consequently, these research findings related to BPD and aggression demonstrate that aggressive behavior is indeed a central component of personality disorder. More important, these findings underscore the fact that particular personality c haracteristics appear to envisage divergent patterns of aggressive behavior (Bettencourt et al. 751). These views are consistent with Anderson and Bushmanââ¬â¢s (2002) general aggression model, which posits that certain character traits predispose individuals to high levels of aggressive behavior (Bettencourt et al. 753). Aggression Narcissism A growing body of literature demonstrates that narcissism is innately and positively correlated with aggression and hostility, with studies revealing that highly narcissistic individuals might be particularly sensitive to experiencing ââ¬Å"slightsâ⬠from others and that high narcissism is often expressed with high aggressive behavior when there is an inherent ego threat (DiGiuseppe 69). One study reports that ââ¬Å"â⬠¦narcissists have an inflated sense of self-worth and self-love without a strong set of beliefs that support this sense of superiorityâ⬠(Bettencourt et al. 758). By virtue of the fact that this group of the p opulation experiences unbalanced self-esteem, they are exceptionally sensitive to personal slights, such as insult and positive censure. Consequently, narcissistic individuals tend to exhibit aggressive behavior in ego-threatening situations, primarily because of their perceived culpability to threats to the self-concept. Indeed, a number of researchers have acknowledged that factors that contain or control aggression in the general population seem to be totally absent or are deficient in narcissist individuals (Bettencourt et al. 758). Moving on, several psychological and psychiatric-oriented studies have demonstrated ââ¬Å"â⬠¦that narcissism predicts aggressive behavior in situations involving provocationâ⬠(Bettencourt et al. 758). This finding is particularly important to the cause of the present paper as it implies that narcissism and the level of provocation positively interact to influence aggressive behavior. The psychiatrist interviewee supported this line of thou ght when he admitted that narcissist individuals often become angry, irritated and exceedingly impatient when confronted with a challenge that seems to challenge their self-worth and self-concept as they perceive such challenges as actual provocations to their capabilities. Indeed, the psychiatrist confided in me that individuals are exhibiting narcissistic orientations and challenging to treat due to their misrepresentation of facts and experiences. This view has been corroborated in the literature, with one study noting that individuals presenting with narcissism are the most difficult to treat as any comment that these individuals may misinterpret as a personal slight generates the so-called narcissistic injury, activating intense aggressive behavior and frequently, a failure to progress with therapy (Bowins 157). In yet another study, ââ¬Å"â⬠¦overt narcissism has been linked to aggression in response to an external threat to oneââ¬â¢s self-esteemâ⬠(Fossati et al. 21). Extending these finding, a study conducted by Barry et al. (2007) cited by these authors demonstrated that in moderately to extremely aggressive children, overt narcissistic predisposition appeared to forecast both proactive (i.e., unprovoked, goal-setting) and reactive types of aggression. This is an important finding which sets the stage for the exposition of the fact that aggression is indeed a central component of personality disorders as it implies that narcissists can indeed perpetuate unprovoked aggression. It is imperative to note that this finding underlines the commonly accepted assertion that individuals presenting with narcissists predispositions are only reactively aggressive (Reidy et al. 415). Indeed, other studies have found that narcissist individuals are not prone to displaced aggression irrespective of provocation (Reidy et al. 419). Aggression Avoidant Personality Disorder Avoidant personality disorder is incorporated within Cluster C (fearful-anxious) regi men of the Axis II personality disorders and is typified by the DSM-IV-TR ââ¬Å"â⬠¦as a pervasive pattern of social inhibition, feelings of inadequacy, and hypersensitivity to negative evaluation, beginning by early childhood and present in a variety of contextsâ⬠(Nelson-Gray et al 31). A growing body of literature assumes the position that avoidant personality disorder cannot in any meaningful be differentiated from social phobia due to the huge amount of symptom overlap and recurrent co-occurrence of social phobia and avoidant personality disorder (Nelson-Gray et al 31). However, these particular authors acknowledge that clients with avoidant personality disorder are often expected ââ¬Å"â⬠¦to present with other Axis I anxiety disorders, other personality disorders (especially dependent personality disorder), and mood disordersâ⬠(31). It is important to note that individuals suffering from avoidant personality disorder often mostly present to therapists or to the psychiatric counselors as cautious, detached, distrustful and potentially aggressive, primarily due to their extreme and often unfounded fears of receiving negative evaluation and hypersensitivity to criticism (Nelson-Gray et al. 33). This view is reinforced by the interviewee, who suggested that he had experienced instances when clients turn aggressive when confronted with the reality of receiving a negative evaluation in a clinical or therapy setting. Apart from the aggressive confrontations, the psychiatrist confided in me that groups of the population presenting with avoidant personality disorder are more likely to engage in cancellation of appointments at the last minute, shifting from one therapist to the other, coming late for therapy sessions, and failing to do homework, ostensibly because of their fears to receive negative evaluation as well as their hypersensitivity to criticism. Aggression Schizoid Personality Disorder Extant literature demonstrates that individuals exhibiting Schizoid Personality Disorder (SPD) ââ¬Å"â⬠¦lead very limited lives and demonstrate some degree of psychosis when under significant stress, thus reinforcing the perspective that it is a variant of schizophreniaâ⬠(Bowins 163). This particular author contends that individuals with this type of disorder extend isolation to the extreme, not mentioning that they exhibit the tendency to over-apply the juvenile classical defense of schizoid fantasy. The criteria for schizoid personality disorder under the DSM-IV diagnostic tool include a pervasive pattern of detachment from social and interpersonal relationships, as well as limited range of expression of emotions and other feelings in interpersonal settings, initiating in early adulthood and presenting in a multiplicity of contexts. In particular, individuals with schizoid personality disorder must present four or more of the following symptoms: neither desires nor takes pride in forming close interpersonal relation ships, including being part of a family; take pride in choosing and fulfilling solitary responsibilities and activities; exhibit little, if any, interest in having sexual experiences with another individual; derives pleasure in few, if any, activities; lack close friends or confidants other than their immediate relatives; appear unresponsive to the praise or criticism of others, and; exhibit emotional coldness, detachment, or compressed affectivity (Parpottas 46). It is imperative to note that schizoid personality disorder ââ¬Å"â⬠¦does not occur exclusively during the course of schizophrenia, a mood disorder with psychotic features, another psychotic disorder, or a pervasive developmental disorder, and is not due to the direct physiological effects of a general medical conditionâ⬠(Parpottas 46). The description notwithstanding, numbers of researchers and practitioners believe that a relationship exists between this group of the population and aggressive and violent behav ior (Loza Hanna 340). However, other researchers believe that there exists a paucity of research on the association between schizoid personality disorder and aggressive behavior, although a positive correlation seems highly probable (Loza Hanna 340). Indeed, a number of symptoms associated with the syndrome, such as lack of interpersonal and social ties, detachment and unresponsiveness, have been positively correlated with aggressive behavior in past studies (Bowins 165). Hypochondriac, introverted, solitariness, and aloofness, according to available literature, are traits that either enhance or triggers aggressive behavior in individual with personality disorder (Loza Hanna 341). It, therefore, follows that people suffering from a schizoid personality disorder may indeed demonstrate aggression against self or others by virtue of the fact that they exhibit symptoms that have long being known to increase incidences of aggression. However, as noted by Parpottas, conclusive findings are yet to be attained in this area. Aggression Obsessive-Compulsive Personality Disorder In the psychological and psychiatric literature, obsession-compulsion is usually perceived as a set of personality characteristics that would not naturally be as extreme as to constitute a personality disorder; however, a disorder materializes when characteristics or behaviors become rigid, maladaptive, and occasion impaired functioning or subjective distress (Mudrack 491; Torres et al. 863). This view is premised on the view that many individuals undeniably possess varying levels of obsessive-compulsive characteristics without necessarily being impaired or prejudiced by these traits. As a matter of fact, obsessions and compulsions are evidently perceived as constituents of the regular repertoire of human behavior. In their extreme form, however, obsessions and compulsions have caused inflexibility, extreme skepticism, a damaging ââ¬Å"â⬠¦superego (believing that one is more ethical than others, suspicious of pleasure, guided by conscience, and conscientious, dependable, and reliable), and perseverance (suggesting a pattern of dogged persistence, hard work, and tenacityâ⬠(Mudrack 491). In job-related context, a manager exhibiting this type of personality disorder may become extremely ââ¬Ëbossyââ¬â¢, always reprimanding employees for not realizing often unachievable or untenable objectives (Torres et al. 864). Cases abound of teachers who beat their students for not dressing to their expectations, or for not attaining marks that the teachers consider as satisfactory. The psychiatrist interviewee confided in me that such projection of aggressiveness on the part of teachers might be as a direct consequence of Obsessive-compulsive disorder, though such teachers may never be aware that they are suffering from the disorder. Through the beatings, the teachers may engage in self-harm behavior (e.g., losing their jobs for going against the set rules and regulati ons) or may internalize a predisposition to harm others (e.g., physically injuring the students). Both ways, it can be argued that aggressiveness ââ¬â either proactive or reactive ââ¬â is a critical component of personality disorders. Conclusion From this critical discussion and analysis, there is compelling evidence to suggest that aggression is a fundamental component in many of the personality disorder classified under the DSM-IV and its successor ââ¬â the DSM-IV-TR ââ¬â diagnostic manuals. It has been found that, with the exception of schizoid personality disorder, aggression is deeply entrenched in behavioral orientations of individuals with personality disorders discussed in this paper, which include antisocial personality disorder, borderline personality disorder, narcissism, avoidant personality disorder, and obsessive-compulsive personality disorder. Opinion still remains on whether aggression forms a critical constituent of schizoid personality disorder (Lo za Hanna 340), but there is a strong indication that the symptoms associated with this condition are known to trigger or aggravate aggressive behavior. This analysis provides important implications for clinical, psychological and psychiatric practice by virtue of the fact that practitioners and therapists can develop a centralized treatment strategy aimed at reducing aggressive orientations in the treatment and management of the discussed personality disorders. By treating aggression in this group of the population, doctors and therapists will stand a better position not only to assist the individuals concerned reinforce their cognitive and emotional faculties towards full recovery, but also ensure that these individuals do not present a threat, either to themselves or to other members of society. Whatââ¬â¢s more, the analysis shedââ¬â¢s light on a number of issues that could inarguably assist society in the handling and understanding of individuals with the discussed persona lity disorders, particularly in terms of handling their aggressive predispositions. However, further research is needed to be able to separate the particular correlates of aggression in individuals with personality disorder and how such correlates could be addressed to reduce disorder burden. Works Cited Bettencourt, B. Ann, Amelia Talley, Arlin James Benjamin Jeffrey Valentine. ââ¬Å"Personality and Aggressive Behavior under Provoking and Neutral Conditions: A Meta-Analytic Review. Psychological Bulletin. 132.5 (2006): 751-777. Academic Search Premier. Web. Bowins, Brad. ââ¬Å"Personality Disorders: A Dimensional Defense Mechanism Approach.â⬠American Journal of Psychotherapy. 64.2 (2010): 153-169. Academic Search Premier. Web. Crocker, A.G., C. Mercier, Y. Lachapelle, A. Brunet, D. Morin M.E. Roy. ââ¬Å"Prevalence and Types of Aggressive Behavior among Adults with Intellectual Disabilities.â⬠Journal of Intellectual Disability Research. 50.9 (2006): 652-661. Academi c Search Premier. Web. Daffern, M., Mathew Tonkin, Kevin Howells, Gopi Krishnan, Geoffrey Ijomah John Milton. ââ¬Å"The Impact of Interpersonal Style and Perceived Coercion on Aggression and Self-Harm in Personality-Disordered Patients Admitted to a Secure Psychiatric Hospital.â⬠The Journal of Forensic Psychiatry Psychology. 21.3 (2010): 426-445. Academic Search Premier. Web. DiGiunta, Laura, Concetta Pastorelli, Nancy Eisenberg, Maria Gerbino, Valeria Castellani Anna Silvia Bombi. ââ¬Å"Developmental Trajectories of Physical Aggression: Prediction of Overt and Covert Antisocial Behaviors from Self- and Mothersââ¬â¢ Reports.â⬠European Child Adolescent Psychiatry. 19.12 (2010): 873-882. Academic Search Premier. Web. DiGiuseppe, Raymond, Wilson McDermut, Faith Unger, J. Ryan Fuller, Mark Zimmerman Iwona Chelminski. ââ¬Å"The Comorbidity of Anger Symptoms with Personality Disorders in Psychiatric Outpatients.â⬠Journal of Clinical Psychology. 68.1 (2012): 67 -77. Academic Search Premier. Web. Fossati, Andrea, Serena Borroni, Nancy Eisenberg Cesare Maffei. ââ¬Å"Relations of Proactive and Reactive Dimensions of Aggression to Overt and Covert Narcissism in Nonclinical Adolescents.â⬠Aggressive Behavior. 36.1 (2010): 21-27. Academic Search Premier. Web. Latalova, K., J. Praske. ââ¬Å"Aggression in Borderline Personality Disorder.â⬠Psychiatric Quarterly. 81.3 (2010): 239-251. Academic Search Premier. Web. Loza, Wagdy Samia Hanna. ââ¬Å"Is Schizoid Personality a Forerunner of Homicidal or Suicidal Behavior? International Journal of Offender Therapy and Comparative Criminology. 50.3 (2006): 338-343. Psychology Behavioral Sciences Collection. Web. Moeller, F. Gerard Donald M. Dougherty. Antisocial Personality Disorder, Alcohol and Aggression,à 2001. Web. Mudrack, P.E. ââ¬Å"Job Involvement, Obsessive-Compulsive Personality Traits, and Workaholic Behavioral Tendencies.â⬠Journal of Organizational Change Management. 17 .5 (2004): 490-508. Emerald. Web. Nelson-Gray, Rosemery O., Christopher M. Lootens, John T. Mitchell, Christopher D. Robertson, Natalie E. Hundt Nathan A. Kimbrel. ââ¬Å"Assessment and Treatment of Personality Disorders: A Behavioral Perspective.â⬠Behavior Analyst Today. 10.1 (2008): 7-46. Academic Search Premier. Web. Nouvion, Sylvain O., Don R. Cherek, Scott D. Lane, Oleg V. Tcheremissine Lori M. Lieving. ââ¬Å"Human Proactive Aggression: Association with Personality Disorders and Psychopathy.â⬠Aggressive Behavior. 33.6 (2007): 552-562. Academic Search Premier. Web. Parpottas, Panagiotis. ââ¬Å"A Critique on the Use of Standard Psychopathological Classifications in Understanding Human Distress: The Example of Schizoid Personality Disorder.â⬠Counseling Psychology Review. 27.1 (2012): 44-52. Psychology Behavioral Sciences Collection. Web. Reidy, Dennis E., Joshua D. Foster Amos Zeichner. ââ¬Å"Narcissism and Unprovoked Aggression.â⬠Aggressive Behavior . 36.6 (2010): 414-422. Academic Search Premier. Web. Roberts, Amanda D.L Jeremy W, Coid. ââ¬Å"Personality Disorder and Offending Behavior: Findings from the National Survey of Male Prisoners in England and Wales.â⬠The Journal of Forensic Psychiatry Psychology. 21.2 (2010): 221-237. Academic Search Premier. Web. Torgersen, Svenn. ââ¬Å"The Nature (and Nurture) of Personality Disorders.â⬠Scandinavian Journal of Psychology. 50.6 (2009): 624-632. Academic Search Premier. Web. Torres, Albina R., Paul Moran, Paul Bebbington, Traolach Brugha, Dinesh Bhugra, Jermy W. Coldâ⬠¦Martin Prince. ââ¬Å"Obsessive-Compulsive Disorder and Personality Disorder.â⬠Social Psychiatry Psychiatric Epidemiology. 41.11 (2006): 862-867. Academic Search Premier. Web. This research paper on Understanding the Linkage between Aggression Personality Disorders: A Critical Analysis was written and submitted by user Nancy L. to help you with your own studies. 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Monday, March 16, 2020
The concept of public policy
The concept of public policy Introduction The concept of public policy is very critical and sensitive since it affects a majority of people who are ruled under the policies made. It entails the process taken by the government in addressing an issue that affects the public and the intentions of the government in taking the actions.Advertising We will write a custom essay sample on The concept of public policy specifically for you for only $16.05 $11/page Learn More It can also be said to be the result of the governmentââ¬â¢s actions towards deciding on who gets what and who does not after some considerations. It comprises major components like regulations, laws, actions and decisions aimed at controlling a certain behavior or solving a problem that is either caused by or affects the public. Public opinion on the other hand is a set of peopleââ¬â¢s views and attitudes towards a specific topic or issue that affect them. It usually affects the process of public policy making as it tak es into consideration the public interests. This piece of work gives a critique of the article; Information Effects in Collective Preferences by Althaus looking into how the author tackles the topic and his efforts in making us understand the relationship between public opinion and public policy. The author starts of by showing us how information is essential in decision making especially in shaping public opinion which to a great extent affects the process of public policy since the public are a major element in the public policy making process thorough their various opinions. It is evident that uneven distribution of political information among the society members leads to different public opinions by the members as they have different levels of knowledge concerning the specific topic or problem and therefore the public policies that are made based on the collected opinions from the public are usually not complete as they do not comprehensively represent the public. This shows tha t the process of public policy making could only be effective if knowledge about particular issues of concern were evenly distributed among the citizens as this would make them make appropriate and informed decisions based on facts and the government would hence take effective actions and solve the publicââ¬â¢s problems.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Public opinion is therefore influenced by information effect which is the informationââ¬â¢s impact in shaping collective opinion as a result of low levels and uneven social distribution of knowledge regarding politics in the society. Political knowledge enhance proper decision making in regard to political issues as the informed citizens are able to understand the major components involved in public policy making for instance the policy itself, the participants or actors and the problems at stake. Although we can argue that being politically informed enhance the individualââ¬â¢s and collective opinion, some studies for instance in cognitive psychology also show that even the people who are poorly informed an political matters can make opinions that are in line with their political inclinations by relying on some political figures and other sources for instance online processing and other information shortcuts without necessarily having the specific factual knowledge. Aggregation of the opinions made by both the well informed and ill informed citizens will also allow coming up with an appropriate conclusion. This disputes the fact that the correct and meaningful collective opinion could only be attained if all the citizens were well informed. All in all information among the citizens influences their opinions by affecting the interaction between those collecting the data and those giving the responses for instance the poorly informed citizens who are usually the Blacks, the poor and women tend t o give vague response as compared to the knowledgeable audience leading to poor presentation of the publicââ¬â¢s preferences as opposed to those from the knowledgeable citizens who are mostly, the Whites, the rich and men whose views tend to be greatly considered. The opinions of the well informed people also tend to be of high quality in terms of being consistent with the political predisposition regarding the particular problem in question. Public opinion and public policy are directly dependent on each other since public policy formulation and implementation is based on the publicââ¬â¢s opinion about the particular topic or problem and it is usually made in response to a specific problem or issue facing the public with an aim of solving it.Advertising We will write a custom essay sample on The concept of public policy specifically for you for only $16.05 $11/page Learn More The citizensââ¬â¢ provision of information on the topic is usually usefu l in the policy formulation and implementation process as it brings forward their beliefs, attitudes which in the long run influence the cause and effects processes and what the government is likely to undertake and the expected outcomes of the actions taken. It is however difficult to determine how information or knowledge in the political field would affect an individualââ¬â¢s or groupââ¬â¢s preference in regard to what is best for them. The political interests of the informed people may either be subjective or objective and in some instances they may not reflect what the public may prefer in relation to a particular issue. The knowledgeable citizens tend to be in a good position to argue or respond to different situations based on the knowledge they have previously acquired. They also have a certain degree of confidence due to their prior experience and can hence easily understand complex political issues and happenings that surround them as compared to the ill informed cit izens. The measure of how information affects preferences and opinions among citizens can be attained through taking of constant variables in the society in both the enlightened and the ill informed citizens in the community for instance education, age, race, religious affiliation, marital status, gender, region, financial status, type of community, region, parental status, partisanship, and occupation among others and presenting the same questions to them and then evaluating the responses. The author however recognizes that a political party affiliation is an essential element since it is also a relatively constant characteristic of the citizens and a major determinant of the citizenââ¬â¢s responses to political issues as it acts as a basis for the citizenââ¬â¢s responses and a shortcut as opposed to factual knowledge they would have concerning the topic of discussion. Although the author tries to tackle this issues comprehensively through application of various theories, mod els and methods and also by taking into consideration what has been said by other authors in regard to the same topic , it is still difficult to completely determine the exact influence of information on political interests and preferences among the enlightened and the ill informed citizens as the results from the conducted surveys are often almost the same since there are other determinants apart from information or knowledge exhibited by the respondents.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More To understand the concept of the influence public opinion on public policy formulation and implementation, the author gives us an example on how information can affect peopleââ¬â¢s attitudes toward spousal notification law. The example tries to show how information can shape an individualââ¬â¢s or groupââ¬â¢s collective preference. The question posed to the respondents is; ââ¬Ëââ¬Ëwould you favor or oppose a law in your state that would require a married woman to notify her husband before she can have an abortion? ââ¬â¢Ã¢â¬â¢1 The responses were obtained and the logit coefficients evaluated and it is noted that the differences in the responses attained is relatively very low. The models used can however not perfectly represent individual opinions but can generally show the differences between those groups that are for the law and those that are against its enactment. The model also shows the effects of information or knowledge on an issue on policy preferences am ong various groups. From the above named question, two thirds of the respondents seemed to support the spousal notification law while a third was against it. The well informed citizens seem to be divided on the issue as 48% of them supported it and 52% opposed it and hence the problem lies in the unequal distribution of political knowledge among citizens. Men were more informed as compared to women because even after full provision of political knowledge, their responses did change much as compared to that of women. This shows that the difference in information available to both men and women affects the results obtained in opinion surveys and hence leads to inefficient public policy making by the governments as they base they actions on the opinion polls gathered. Different topics attract different public opinions according to how best the citizens are informed or interested in them for example issues of social, fiscal, and security wellbeing among others. A change in information o r knowledge on an issue also leads to changes in collective preferences as the people are subject to change their opinions with change in information. The deviation however varies depending on other elements for instance the Whites, the rich and men are less likely to change their opinions much as compared to the Blacks, the poor and women who are more susceptible to change of opinion due to prior lack of knowledge. This can be seen when taking varying responses of the citizens on different issues for instance foreign policy issues, fiscal issues, operative issues and social policy issues. Generally, fully informed citizens tend to give divided opinions on policies like foreign policy, they are more concerned on social and fiscal concepts and policies and more conservative on operative issues that take place around them. Correcting for information unevenness can however lead to notable shifts in individual and collective opinions. The authors argues that the only way out in understa nding collective preferences could be the balancing of political knowledge among the society members which will counter the low levels and uneven social distribution of information on politics and political issues. He also states that information level in an individual or group affects collective opinion greater that previous studies have shown. It is also clear that different levels of information brings about change in responses and therefore collective preferences of various people could change either with a less or great magnitude if everyone was equally informed in various aspects of concern in the political field. The author argues the topic in a very comprehensive manner by looking into various studies that have been done regarding the effects of information or knowledge among the citizens and its role in shaping their opinions which in the long run affects the public policy making process and the actions taken by the government in regard to the problems faced by the citizens . He then gives lots of models and informative examples from which the reader can draw his or her own conclusions and there after gives his point of view with specific reasons for making the decisions. From the information given by the author in his article, Information Effects in Collective Preferences, it is evident that the public is a very essential component or determinant in the process of public policy formulation and implementation. This is because the public opinions are used by the government and other bodies involved in the policy making process for instance legislative bodies, leadership, bureaucracy, interest groups, political parties and the justice system in decision making. Public policies are made out of the publicââ¬â¢s interest which is expressed through public opinion. However, public opinion can sometimes be decisive and not representative of the reality for instance when the respondents that are contacted during the survey are not representative of the total community in terms of size and aggregate composition or characteristics. Knowledge of the people on the particular issue also affects the opinions given as people tend to give vague information when they are not conversant with the political issue while those who are well enlightened tend to give meaningful responses that are in line with the governmentââ¬â¢s expectations. In most cases the responses from the well informed citizens are usually used as the basis in making public policies hence their needs end up being catered for at the expense of those that are not well informed. This shows that the policies formulated and implemented by the government are usually not representative of all citizenââ¬â¢s views as they are not based on everybodyââ¬â¢s opinion as it should be the case. Public opinion usually has limited influence on public policy since in most cases there are usually no clear public preferences for one policy over others as the citizens are not given the opti ons of choosing among policies that are available. The policy makers also do not necessarily follow the public preferences due to lack of adequate relevant information. This is because most people have no distinct preferences on most issues especially political related and in the few cases where preferences have been established, public opinion is usually much divided to a point where the bodies involved in public policy making cannot base their actions on it. For instance in the example on passage of the notification law of the spouse on abortion given earlier, the public seemed much divided and the government may be left with the final decision hence public opinion is overruled. In some instances the government may make advantage of a situation and go per its preference as opposed to the public preference as it has powers over the general public. The government may come up with an idea regarding a policy and persuade the public to support it for example through campaigns. This is a way of molding the public opinion where different bodies and institutions involved in public policy making process affect the publicââ¬â¢s decisions on various aspects. Incases where the public opinion is well known and the preferences seem to be well defined, the policy makers may also not go in accordance to them for various reasons for example if the preferences are deemed to be based on ignorance on the issue, when it is not for the well being of the majority in the society or when the policy to be passed is susceptible to change completely in the event of enactment of an alternative policy in future. Although public policy is sometimes in line with public opinion, this is not an adequate justification that public opinion determines the actions taken in the public policy making policy. The public policy makers mostly make a generalization since they can gauge what the public would prefer and at the end of it all, they end up coming up with policies that are in favor with th e public preferences even without their consultation. It is however clear that public opinion and public policy are strongly related. Although public opinion is expected to be the basis of public policy in determining its formulation and implementation, it does not work out this way. In few instances, the public opinion matches with the policy makers preferences and hence it is adopted but in most case, it opposes the policy makersââ¬â¢ preferences and it is therefore ignored. This shows that despite the public being given a chance to voice their views and ideas the final decision lies in the public policy makers especially the government since the public has no power to force the government to act in a certain way. Bibliography Althaus, L. Scott. ââ¬Å"Information Effects in Collective Preferences.â⬠American Political Science Review. Vol. 92, No.3. 1998. Footnotes 1 Scott, L. Althaus. ââ¬Å"Information Effects in Collective Preferences.â⬠American Political Science Review. Vol. 92, No.3. 1998.
Saturday, February 29, 2020
Business Law for Unconscionability
Unconscionability is a legal protection against the enforcement of a contract that is unfair to one party. If the contract is unfair that is shows an abuse during its formation, the jury may find it unconscionable and decline to employ it. In most occasions when a court finds an agreement to be unconscionable, they declare the contact as annulled. No issuance of specific performance or pensations is awarded, but in its place, the parties will be relieved from their contract responsibilities (Mccullough, 2016). Other than that, the reason why it may mean that a contract is enforceable under the law is because such contracts favor only the dominant party, thus, making it unfair to the weaker party. The leading cases of unconscionable conduct are in transactions between stronger and weaker parties. It is therefore partly related to duress and unwarranted influence. It is mon where a superior party manipulates the weaker party with special disabilities such as old age, lack of education, illiteracy and much more. The transaction is also oppressive and harsh to the weaker partner. Its is also mon in business contracts where there are provisions that limit damages against the seller, prevents the rights of the buyer to seek court help against the seller, among others (Mccullough, 2016). Additionally, it is also found in acts of deceit and fraud. It is whereby one party deliberately misrepresents a fact that deprives an individual of an expensive possession. The main reason why such laws exist in the business world is because it is used to limit the dominant parties from fraudulently manipulating the weaker parties in business contracts. It is meant to reduce exploitation of the consumers who are poorly educated, less fortunate, and cannot be able to get the best price available in the petitive trade (Mccullough, 2016). On the other hand, it prevents the undue influence, whereby one party practice unreasonable authority to make the other party sign the contract. Additionally, it used in business to prevent the use of threat to make other parties agree to the contract. Furthermore, it prevents the dominant party from limiting their liabilities to breach of contract. There are various characteristics of the unequal bargain that must or might demonstrate unconscionability. These characteristics may include duress, undue influence, unfair surprise, limited warranty, and unequal bargaining power. To start with, duress is a situation where one party uses threats so that to make the other party agree to the contract terms and conditions. It can be physical or any other form of threat. For example, the seller may refuse to release the goods rightfully until the other parties append his signature on the contract. Additionally, undue influence is a situation whereby one party practices irrational pressure to make the other party signs the contract. This happens under circumstances where one party takes advantage of the other party in one way or the other. Moreover, unfair surprise takes place when the party who developed the contract inserts a term in the agreement without the awareness and anticipation of the other party (Marrow & Penn, 2013). Furthermo re, limiting warranty is a situation in which one party tries to minimize their liability for damages that may be as a result of his actions. Lastly, unequal bargaining power happens where one party has an unfair advantage over the other (Landrum, 2014). It occurs when the dominant party obviously knows that the other party lacks the knowledge of what the contract entails. A good example of these characteristics is when a business broker requires a customer to sign an agreement, but within the accord, he inserts a difficult term to understand. The broker writessuch terms using tiny fonts and placed the phrase in a manner that will mislead the customer to sign in the unwarranted term. The legislation that supports the principle that a contract may be so unfair that it is unenforceable is section 2-302 of the Uniform mercial Code. Under this Act, if the jury finds that any section of the contract could have been unconscionable at its time of formation, the court may refuse to put into effect the agreement (Landrum, 2014). Additionally, the court may also implement the remainder part with no unconscionable section, or it may stop the application of any section that is unconscionable so that to avoid an unconscionable ou e. Moreover, when it appears to the court that any of the sections of the contract or if the contract is unconscionable the parties shall be awarded a sensible chance to present evidence as to its business situation, reason and effect to help the jury in deciding the case. The doctrine of unconscionability got formed when it was realized that some contracts would be injurious to one party, despite the available limiting public policies, that the court should be able to practice some manner of discretion (Landrum, S 2014). The judge, in such cases, is permitted to interpret the situation and to introduce her own understanding of what is to be treated as unconscionable or conscionable within her jurisdiction under the court of law . Courts concentrate on the size and the setting of the business transaction to see whether the deceptive or authoritarian tactics were applied. It also examines if there was the use of fine print in the contract, for example, if the contents of the contract were readable to all parties. Additionally, the court also scrutinizes to know the familiarity and education of the party that claims for unconscionability (Landrum, 2014). Further, examines the situation to know whether there was a disparity in the bargaining power. However, for the court to decide on the case, it first analyzes whether there were actual conditions of the contract that unreasonably favors the party to whom unconscionability is r mended. Being that the courts have been reluctant in addressing the issues concerning the unfair or unequal business between the bank and the consumer has really favored the banks and other larger institutions. In most cases courts have ruled cases in favor of the bank because of the contract term and conditions. Where the courts have looked entirely at the written document to determine the rights of each party, the creditor, which is the bank, prevails. In many cases contract laws have failed to provide debtors with enough remedies against the tortuous conduct of creditors (Winter, 2008). However, the real importance of debtors win lies in the recognition of some courts, for example, the Australian Part 2B of the Victorian Fair Trade Act 1999 that has tried to hold the banking industry to high values of good faith and conduct. In 2003 Australian government introduced a new Section 2B of Victorian Fair Trade Act 1999 and made it a law . This provision of Part 2B of nullifies any term in a customer contract that is not fair. In banks, if a contract condition or term that imposes a cheque is unfair according to Part 2B of the Fair Trading Act, it will be nullified, which is fairly different from whether it is unenforceable or not as a fine under the law (Winter, 2008). Section 32W of the Fair Trade Act shows that in a consumer contract a phrase can get observed as unfair if, ââ¬Å"contrary to the requirements of good faith and in all the circumstances, it causes a significant imbalance in the partiesââ¬â¢ rights and obligations emerging under the contract to the detriment of the consumerâ⬠(Consumer Action, 2013) Moreover, article 32X also presents directions as to whether a condition or a term may get considered unfair. Therefore, it can be said that Part 2B renders dishonor charges unenforceable by financing institutions against customers. Banking sectors are still entitled to recover defaulter's cost, but they are not entitled to use penalty fees when recovering the cost they have incurred due to customers who have defaulted. Under Part 2B of the Victoria Fair Trading Act, penalty fees might be annulled as unfair (Cornell, 2016).à Because banks are not disclosing the accurate cost of the customer defaults, it will remain difficult for both the regulatory authorities and customers to conclusively or accurately make an assessment of whether dishonor fees are penalties or liquidated damages. However, given the plexities that an individual customer may face, especial the low-i e consumers, in trying to stop penalty fees charged on their accounts by banks, it is, therefore, vital that the re gulatory authority take charge. The regulatory authorities should imperatively take steps in safeguarding the customers and stop the financing institutions from stressing their customers by charging lawfully unenforceable fines. From the readings I have had, I found the case between Centerre Bank of Kansas City v. Distributors, Inc. to be an interesting one with regard to unfair agreements and the attitude of the courts when making a decision on the enforceability of a contract. The debtors bought a business after they had been promised by the bank that it would continue with the panyââ¬â¢s line of credit. The debtors were told by the bank's credit officer that the bank will only continue with the credit line if they will personally guarantee the loan. However, the loan officer failed to disclose to them that the bank considered the loan at a risk, and was, therefore, arranging to demand full payment of all the money that previously had been disbursed. Depending on the assurance from the loan officer, debtors bought the business and submitted their personal guarantees to the bank. After three days, the bank continued with its arrangement of demanding full payment of the credit. The debtors surrendered the ir business assets to the bank because of failing to find another financing. After the bank liquidated the business assets, they realized was less and decided to sue debtors in which they collected further $400,000 on the guarantees that debtors provided (Rich, 2004). The debtors decided to countersue the bank by challenging that the bank fraudulently made a misrepresentation. The also claimed that the bank breached the agreement of good faith and fair dealing. After jury ruling in favor of the debtors, the bank forwarded an appeal. The court of appeal held that the written contract was an integrated agreement. The court found that the written contract gave the bank privileges to demand payment at any time and that the bank auction was acceptable (Rich, 2004). The court also noted that the relationship between the debtors and the bank was based on borrowing and lending and that debtors were not owed a fiduciary obligation to the bank. Additionally, the failure of the bank to disclose its plans concerning the loan did not make it fraudulent. Consequently, the court stated that the conduct of the bank was fair and in good faith. The role of the consumer advocate groups regarding unfair agreement are: (1) to support the vulnerable Victorian customers who are facing financial difficulty. (2) Promoting the financial counseling sector by using its casework, law reform, and advocacy, to take up and uphold best practice. (3) working with the government, utilities, debt collection, banks and other stakeholders to improve approaches to financial problems for defenseless customers (Consumer Action. 2013). My research showed that there are other similar groups to Financial and Consumer Rights Council (FCRC) ââ¬â Victoria. Some of such groups may include: On the other hand, one of the issues in Australia that demonstrated the characteristics of unconscionable by a vendor who supplied vacuum cleaners to various ladies who were over 80 years of age. The case was ACCC v Lux Distributors Pty Ltd in 2013 (Jade.io. 2013). Australia petition and Consumer mission won the case against Lux Distributors. Consumer Action.(2013). Australian Consumer Organisations - Consumer Action. [online] Available at: https://consumeraction.org.au/help-for-consumers/who-else-can-help/australian-consumer-organisations/ Cornell, N 2016, 'A plainant-Oriented Approach to UnconscionabilityAnd Contract Law', University Of Pennsylvania Law Review, 164, 5, pp. 1131-1175, Jade.io. (2013).BarNet Jade - Find recent Australian legal decisions, judgments, case summaries for legal professionals (Judgments And Decisions Enhanced). [online] Available at: https://jade.io/article/300107 [Accessed 23 May 2017]. Landrum, S 2014, 'Much ado about nothing?: What the Numbers Tell us about how State Courts Apply the Unconscionability Doctrine to Arbitration Agreements', Marquette Law Review, 97, 3, pp. 751-812, Academic Search Premier, EBSCOhost, viewed 23 May 2017. Marrow, P, & Penn, C 2013, 'The "Circle Of Assent" Doctrine and the Mandatory Pre-Dispute Arbitration Clause: When The Unconscionable Contract Analysis Just Won't Do', Dispute Resolution Journal, 68, 3, pp. 1-28, Mccullough, C 2016, 'UnconscionabilityAs A Coherent Legal Concept', University Of Pennsylvania Law Review, 164, 3, pp. 779-825, Academic Search Premier, EBSCOhost, viewed 23 May 2017. Rich, N. (2004). Unfair fees: A report into penalty fees charged by Australian banks. Winter, CS 2008, 'The Rap on Clickwrap: How Procedural Unconscionability is Threatening the E merce Marketplace', Widener Law Journal, 18, 1, pp. 249-292.
Thursday, February 13, 2020
Controversial Television Advertising Essay Example | Topics and Well Written Essays - 1500 words
Controversial Television Advertising - Essay Example Put simply: under traditional law, the rewards for advertising deception were so great and the penalties so modest (especially when discounted against the remote likelihood of detection and suit) that it was virtually perverse for advertisers not to engage in certain kinds of false claims. It comes at a time when concern is growing about the effectiveness of television advertising regulation in light of technological developments in media. Such developments include the rapid growth of television channels that are available via a number of platforms-terrestrial, satellite, and cable-and that are being further facilitated through the transition of broadcasting from analogue to digital transmission. Digitalization means not only more television channels for viewers to choose from but also greater scope for interactivity. This, in turn, may mean more power to consumers to select what to watch, when to watch, and how to watch. Concerns about increased volumes of advertising on burgeoning television channels and the use of more subtle forms of advertising that accompany greater commercialization of the television system (e.g., program sponsorship, product placement, program-related merchandising) have led to calls for tighter regulations governing televised advertising. This development is regarded as being especially necessary where children are concerned because their psychological immaturity as viewers and consumers leaves them more vulnerable to advertising influences. Under traditional advertising law, successfully prosecuted violations resulted in a "cease-and-desist" order that directed the advertiser not to engage in similar future frauds. Violations of these orders could result in prosecutions (extremely rare in practice) leading to fines of $5,000 per day per violation.1 Since most advertising campaign themes run for a year or less, and most commission advertising enforcement proceedings span periods of two to five years - with one horrible example running to sixteen years2 -the effect of any order was usually to direct the advertiser to discontinue an advertising campaign that had long since disappeared. Thus the major risk that an advertiser ran in disseminating a false claim was that the litigation expenses necessary to delay enforcement might exceed the value to the advertiser of the business advantage generated by the deception. Any move toward tightening restrictions upon advertising will create a tension with freedom of speech rights in democratic societies. To overrule freedom of speech (which includes freedom to advertise) rights, a legislator, regulator, or complainant will need to prove that harm is being done by commercial messages. Discussion of this issue has become particularly acute in debates surrounding moves to harmonize or even to standardize advertising related regulations across national boundaries-such as in Europe. Some countries operate much tighter regulations than others over advertising to children on television, and finding common ground that satisfies all national partners' concerns about children and about the freedom for advertisers to reach consumers with promotional messages can be difficult. Beginning in 1970, the commission claimed the authority to impose corrective advertising
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