Sunday, May 24, 2020
Essay on The Sociocultural Theory and I - 1950 Words
Introduction When ever we entertained guests or visited relatives, my mother always told me to ââ¬Å" remember that my behaviour is a reflection on the entire family.â⬠I never really understood where she could that reasoning from, after all I always assumed that I was my own individual and made decisions without their influence. However, I could not be more wrong, especially if my actions are based on the sociocultural theory. This theory stresses how the interaction between people and the culture in which they live affect their thought process. This paper will describe and explain the theoretical aspect of the theory such as its major contributors, focus and explanation of how individuals behave, think and express their emotion under theâ⬠¦show more contentâ⬠¦279) for the development of the childââ¬â¢s mind. Another major contributor to this perspective is Jerome Bruner. He took Vygtoskyââ¬â¢s concept of the zone of proximal development which is mentioned later in the pap er and added scaffolding to it because he believed a paradox existed in Vygostskyââ¬â¢s explanation of the ZPD (Offord, 2005). Bruner developed the concept of scaffolding which is the process by which someone supports another to work in the ZPD. The person providing non-intrusive intervention in the learning process is an individual who has already mastered the particular function. Burner suggests that learners are encouraged to carry out the parts of the tasks that are within their capacity and the more skilled other supports them or scaffolds the rest (Offord, 2005). He saw scaffolding as a structured process, where the level of support given was determined by the learners need. His added dimension to the ZPD suggested that help was given to the learner when needed, enabling them to achieve, by having had a task or skill modelled; breaking down the task into simpler, more accessible elements; keeping motivation and stimulation high; and then by gradually dismantling and withd rawing the support as it was no longer required (Offord, 2005). Focus of Sociocultural Theory The theory focuses not only on how adults and peers influence individual learning, but also on howShow MoreRelatedThe Sociocultural Theory Essay1710 Words à |à 7 Pages The sociocultural theory was developed by a theorist named Lev Vygotsky. Vygotsky was born in 1896 and was from the former Soviet Union. He was a psychologist who had an abundance of ideas and put them into many theories and writings. Although Vygotsky died from tuberculosis at the young age of thirty-eight, his most prominent work was done in a short period of ten years. When he died in 1934, the Soviet Union held most of his work and it was not until about 1960 that his work was translated intoRead MoreSociocultural Theory And Second Language Learning902 Words à |à 4 PagesSociocultural Theory and Second Language Learning ââ¬Å"Language is the most pervasive and powerful cultural artefact that humans possess to mediate their connection to the world, to each other, and to themselvesâ⬠[Lantolf Thorne 2006:201]. The idea of mediation inherent in this notion of the language is a fundamental element of Sociocultural Theory [SCT], one of the most influential approach to learning and mental development since 1990sââ¬â¢, drawing on its origin from the work of soviet psychologistRead MoreSociocultural Learning Affects the Development of Children Essay1491 Words à |à 6 PagesSociocultural Learning Affects the Development of Children ECE 101 Professor Kara Bullock Chakera Simon October 12, 2010 Sociocultural Learning Affects the Development of Children Lev Vygotsky believed that children learn from their own experience. As a teacher I have grown to learn that Vygotskyââ¬â¢s findings are true in so many ways. Just from watching the children in my classroom I see that the Zone of Proximal Development and Scaffolding play a huge part in the development of a child. Read MoreA Dance Teacher : A Theory And Sociocultural Theory Essay1685 Words à |à 7 PagesTeacherââ¬â¢s Role in Developing Students When choosing a job to apply to Piagetian theory and sociocultural theory, I chose the position of a dance teacher. Children of all ages join dance companies, and the experiences and interactions from this activity can have a great effect on their development. After dancing for so many years I have first hand experience on how it can influence a developing child. These two theories are important when understanding the ways in which a child develops, and this paperRead MoreSociocultural Theory Of Second Language Acquisition994 Words à |à 4 Pages The sociocultural theory of second language acquisition has provided me with the strongest reasons for reconsidering my previous views on second language learning. Vygotsky proposed a sociocultural theory that is very influential within the field of second language learning. The focus was on the idea that all learning is primarily social. The connections between people and the sociocultural context in which they interact with one another are crucial. Through interaction in shared experiences newRead MoreSociocultural Theory Essay1633 Words à |à 7 Pages such as physical appearance have been sustained. Through the lens of sociocultural theory, I will analyze how body dysmorphia has influenced three generations of women within my family. To aide my analysis, I will define and employ terms such as sociocultural theory, body image, and body dysmorphia to connect my familyââ¬â¢s historical roots to body image and how it relates to their current perceptions and behaviors. Finally, I will utilize my grandmotherââ¬â¢s, motherââ¬â¢s, and sisterââ¬â¢s personal accountsRead MoreLev Vygostkyà ´s Sociocultual Theory and Deanna Kahnà ´s Metacognitive Development Theory773 Words à |à 4 PagesA present time, there are many developmental theories, which cover cognitive, socio-emotional, and physical. Among those theorists, for the purpose of this post, I will be considering two of them. First, I will be revie wing the Russian psychologist Lev Vygostsky and his sociocultural theory. Next, I will be looking at Deanna Kuhn and the Metacognitive development theory. One of the psychologists who made a significant contribution and stimulated a lot of studies in addressing the cultural impactRead MoreThe Theory Of Cognitive Development1025 Words à |à 5 PagesMany philosophers have developed theories of how individuals learn over the decades. As an individual progresses through life from childhood to adulthood, the manner in which they take in knowledge, and mature is the basic theory of cognitive development. Cognitive development can be described as how an individualââ¬â¢s thought process develops, and how these thought processes impact how an individual comprehends and interacts in the world. The psychology theorists of the past have shaped the classroomsRead MoreComfort Theory1086 Words à |à 5 PagesKolcabaââ¬â¢s Comfort Theory Kelly Henderson Professional Transition I/HSC-175 September 30, 2013 Mrs. Suzanne Boese, RN-BC, PHN, MSN/Ed Explanation of the Comfort Theory The origin of the word nurse is derived from the Latin word nutricius, meaning ââ¬Å"(person) that nourishesâ⬠(Merriam-Webster, 2013). Historically, the concept of comfort was recognized as an essential praxis of nursing because of antiquated medical practices and the lack of development of medications. Often times, comfort wasRead MoreSigmund Freuds Psychoanalytic Theory On Personality Development And Emotional Problems883 Words à |à 4 Pages â⬠¢ 1.Sigmund Freud- Psychoanalytic Theory. The Psychoanalytic theory is about personality development and emotional problems. Psychoanalytic theories look at development in terms of internal drives that are unconscious, or hidden from our awareness. There are three basic drives: sexual, survival, and destructiveness. Freud outlined development in phases of ââ¬Å"psychosexual stagesâ⬠(Gordon and Browne, 2016, p.94) with a body part representing each stage. Oral (birth -2) Mouth source of pleasure: eating
Wednesday, May 13, 2020
Starbucks Ethics in a Cup Essay - 1436 Words
In the ever evolving world of capitalism, a common thought thread of dog eat dog has emerged. In order to survive a business must do whatever it can to turn a profit, with no regard to social, environmental, or economic responsibility. This worked for a time; profits were soaring in almost every business sector. Until the business world would be rocked by scandals at the start of the twenty-first century. The lack of business ethics in corporate America led to the worst economic downfall in America since the great depression. Today lawmakers, stakeholders, and consumers are demanding more ethical business practices, and more social responsibility. Businesses that are open and conscience of ethical practices are noticing an upwardâ⬠¦show more contentâ⬠¦As previously mentioned Starbucks has numerous initiatives in social responsibility. Examining each exposes the companyââ¬â¢s values revealing why Starbucks is a leader in business ethics, and why it continues to thriv e in an economic down-turn. First, is how Starbucks treats its partners; partners is the term used throughout Starbucks to refer to its employees. Each partner, full or part time is eligible for health care benefits. In 2008 when Schultz resumed his role as CEO, multiple institutional investors called asking Schultz to reduce partner healthcare coverage, which cost the company $250 million annually. Schultz refused the calls. He believed not paying the premiums would be inconsistent with the goal of turning profit (Kaplan, 2011). In addition to health care, partners can participate in the companyââ¬â¢s Bean Stock program. The program offers Starbucks stock at 85% of its fair market value, four times a year. Starbucks partners also enjoy a 401(k), where the company matches 25% of the partnersââ¬â¢ contribution. These benefits lead to extremely loyal employees. Food industry turnover rates are about 400% per year, while Starbucksââ¬â¢ is only 50% (Reis, 2010). Partn ers at every level are empowered to make ethical decision that affect the image of Starbucks. Starbucks publishes ethical guidelines and trains its partnersShow MoreRelatedStarbucks : Ethical And Ethical Issues Essay1089 Words à |à 5 PagesAbstract Starbucks is renowned for its morality due to their innovative sustainability and environmental policies and operations. They strive to go beyond mandated regulations by implementing ethics as part of their core practices. However, no matter how flawless their code of ethics is; they, too, face ethical issues and commit unethical acts. First, they are responsible for putting small, local coffee shops out of business which creates a uniform retail culture throughout cities. Second, they advertiseRead MoreStarbucks : A Home Away From Home Essay1111 Words à |à 5 Pagesââ¬Å"To inspire and nurture the human spirit- one person, one cup, and one neighborhood at a time.â⬠Starbucks is one of the largest chain restaurants in the United States. With over 17,000 stores located in 55 countries, and approximately 3 new stores being opened each day, Starbucks is the 3rd largest restaurant chain in the United States. When founded in 1971, the founders wanted to focus on the customer, the experience, and the product. Starbuckââ¬â¢s founding partners wanted to create a coffee shop thatRead MoreStarbucks : A Global Business Essay1384 Words à |à 6 PagesStarbucks was founded nearly forty-five years ago as an organization that holds the belief that it was possible to balance good business with uncompromising values. (CITE 1) Starbucks is a global business that operates in over seventy countries and has more than twenty-four thousand stores. Starbucks locations serve hot and cold drinks, whole-bean coffee, espresso, tea, and pastries. Few offerings are limited to seasonal times throughout the year or are specific to the locality of the store. StarbucksRead MoreStarbuckss Corporate Social Responsibility1229 Words à |à 5 PagesStarbucksââ¬â¢ Corporate Social Responsibility In todayââ¬â¢s business world, companies have changed. Companies are looking to adjust to their business and community expectations by making changes in the technological machinery and devices they use to reduce the companyââ¬â¢s negative environmental impact. In order to sustain economic businesses, companies should not only concern about the financial benefits, but also ethic firms have to care about people, society, and the environment as well (Elkington 72)Read MoreStarbucks Paper1331 Words à |à 6 PagesStarbucks Coffee ACCT 227 Cost Accounting Professor Karen V. Wiebke, CPA March 22, 2009 Starbucks Coffee Seeing a Starbucks sign reminds a person of the tantalizing flavors that are brewed from the store that sells millions of people their first cup of coffee every morning. Upon walking into the store, it is inviting and welcoming. The staff is friendly and helpful and the crowd is eager to enjoy that bittersweet java on the taste buds. When an order is made, the staff prepares eachRead MoreStarbucks : An Ideal Form Of Communication1024 Words à |à 5 PagesConsumers have the option to download the Starbucks app where they can register for Starbucks Rewards. The rewards program can only be used by downloading the phone app. The app allows customers to pay by phone, pre-order menu items, receive free drinks, coupons, and in store refills. The app can send notifications to the consumer when they qualify for rewards or a free drink. App users will also receive notifications when promotions are active in Starbucks retail stores. Mobile marketing in the formRead MoreStarbucks : Innovati on For Success1604 Words à |à 7 PagesStarbucks FruVe Innovation to Success Coffee is a traditional approach to beginning a day. There is a variety of coffee flavors that can be accompanied by condiments. Starbucks, a United States, based company recognized the complexity of coffee preferences. More recently, Starbucks has expanded their products to include more than breakfast pastry and coffee. For the more sophisticated, adventurous or urbane coffee connoisseur, there are flavorful drinks that can satisfy the diverse tastes ofRead MoreCorporate Social Responsibility : Acme Charity1663 Words à |à 7 Pagesto enter the job market in the province. AcMe Charity s seasonal events are well attended. For continued success, synergistic relationships need to be fostered. For the upcoming event: Celebrating CSRâ⬠, it is important to carefully review The Starbucks Corporation prior to inviting them to this AcMe Charity event. Corporate Social Responsibility can be defined as a companyââ¬â¢s social performance and the impacts of the company on its internal and external stakeholders, including: customers, suppliersRead MoreThe Marketing Strategy Of Starbucks Essay1409 Words à |à 6 Pagessignificantly drawn people to Starbucks due to its highly anticipated services, products, and marketing strategies that differ from most fast food restaurants. The next service is the Starbucks webpage where the customers can go onto the site and view product and also make purchases. This service is quite excellent for those that want to checkout items online through the site, because it incorporates a similar process as the application on your smartphone. Starbucks also incorporates equipment andRead MoreStarbucks Strategic Strategy Analysis1152 Words à |à 5 Pagesbroad differentiation they purchased a narino supreme bean, and they also roast their own bean in their private locations. Starbucks goal is to offer the best quality coffee and to keep their customers happy. They focus on experience plus they continue to build a close relationship with their customers by creating an environment where customers can come and relax. Starbucks furthermore invests in its employees through empowering corporate culture, employee benefits, and stock ownership programs.
Wednesday, May 6, 2020
Event management Free Essays
Event management is the part of project management, including festivals, event and conference. Event develop be come our central of culture. Nowadays industry of event has including Olympics Game, company annual meeting, festival celebrations, personal and organization celebration. We will write a custom essay sample on Event management or any similar topic only for you Order Now Allen, Tooled, McDonnell and Harris (2008) have point out that ââ¬Ëgovernments now support promote event as part of their strategies for economic development, nation building and destination marking. Event industry is an important part for regional development, impact public and personal behavior which involves several profits. This essay will discuss about how the event industry has impact and benefits regional development, should consider to cultural, social, economic, environmental and political. Present oneself festivals and event are part of culture, the artistic and music activities is key factor of cultural impart. It is cultural sector signals a productive branch which is growing in importance. Several valuations and more in depth researcher have found that large scale events have a variety of potential impacts (Lange and Garcia 2009). According to the Australia performing arts market has chive from company and private support more than $30 million in 2012. Australia major performing arts group executive director Sorrow has said that, the nongovernmental investment is the key to the operations of the performing arts institutions in Australia. The Nongovernmental investment enable us to do thing that previously could not afford, for example, held in communities and schools to better cultivate talents, free of low cost performance, with the artists to training programs. ââ¬Ë Company and private is a important part of Australia performing art marking porter, but performing art marking development can not without government support. Australia government will invest $2. 6 million for paratactic the native language and culture (People. CNN 2014). To protective the native language and culture can let the next generation to learn and develop the culture, and has a profound significance to the country. For the festival celebration also is the way to propagate the culture, such as Byron Bay Bluffest, it is a popular festival in Australia, they are play the blues music, every year have over 17500 people to Join this festival. As a DOD festival can encourage people participate and communication, showing people things they may not have seen before, reinforcing pride in the community, improving the community, to learn different culture. The culture impact may be as simple exchange entertainment experience, as created by a sports or concert (Allen, Tooled, McDonnell and Harris 2008). Relative to social impact, Davie (2009) has say it the social benefit is derived from the fact that many employed in there industries are part time, casuals or tertiary students, with the overwhelming majority of employment being in the 18 to 25 year GE rangeââ¬â¢. Every event or festival has deeper impact. Firstly, bring more Job opportunities for the host place, show them how event industry works. Secondly, and some event like charity event, the eventual profit will all give back to social, such as nursing home, organization for the disabled, and develop education level of school, to help those people needs to help. According to the Sydney 2000 Olympic Games is the increase in interest and active participation in sport and physical activity by its residents. An event is the most important impacts of tourism revenue. In addition to aorist are external visitors potentially spending money on travel, accommodation, goods and service in the host region at the event (Allen, Tooled, McDonnell and Harris 2008). The city, region or country to host a major event is the potential positive impact of the event on the local economy. According to CRAMPON (1994), the economic impact of an event can be defined as the ââ¬Ënet economic change in the host community that results from spending attributed to the eventââ¬â¢. The economic contribution of mega- sporting events is primarily thought of in terms of the possibilities they provide of increasing the awareness of the city or region as a tourism destination and the knowledge concerning the potential for investment and commercial activity in the region. Therefore, they can attract more investment and visitors, and consequently create new Jobs and contribute to the economic growth of the city or region. Connect to the Sydney 2000 Olympic Games, Australia have invest around $6. 5 billion for Olympic Games, it is long-term benefits for encouraging the whole of Australia and significant in international tourist arrivals. ââ¬ËBetween 1997 and 2004 an extra 1. 6 lion international visitors are expected to come to Australia as a result of the Games, generating an additional A$6. 1 billion in tourism earnings and creating 150000 new Jobsââ¬â¢, Haynes has point out that (2001). Event also part of tourism industry, host Olympic Games effective tourism industry, significant result achieved, increase speed of Brand Australia by 10 years, media relation and publicly programs generating SIS$2. 1 billion, Olympic sponsors spending SIS$170 million promoting Australia. The Olympic Games developed the construction of a series of world-class sporting facilities. After the Olympic Games the sporting facilities can be reuse for host other international sporting and major event. Therefore, the economic in Australia has developed and the employment has increased. The Australia government achieved taxes and benefits from the development of event tourism. The event industry is the most fast growing sector of the whole tourism system. Environment impact is important element of the event industry. An event is an excellent way in which to showcase the unique characteristics of the host environment. According to Professional Convention Management Association (PCMCIA) Annual Meeting 2013, the host city was Orlando, Florida, which is one of the best Leisure City in the world. Environment impact is the first element for event organizer consider about. It must have enough accommodation, restaurant and convenience transportation system provided. Physical infrastructure provision is often mentioned as a key benefit of major events. This typically encompasses transport infrastructure, stadium construction and other new buildings, landscape improvements and housing development. Environmental impacts have already come to the fore in cent years, especially in relation to major events. For instance, the Sydney Olympic Games were heralded as ââ¬ËThe Green Gamesââ¬â¢. Much less is shown on both physical infrastructure and environmental impacts in relation to smaller scale events. Events are highly resource-intensive, and can have negative environmental consequences for the host city. When host the event or festive, People, equipment and goods must be transported, electricity and water are used in the preparation and execution stages, and the location itself is strained by the influx of visitors, and the waste they leave behind. Event planners and attendees are becoming increasingly aware of their impact on the environment; creating green events has now become both desirable and practical. The key is sustainability, using and enjoying the environment without causing permanent damage. The decision to hold an event, especially a large scale event, is essentially a political decisionââ¬â¢, Dickinson has present it (2012). For example, hold the Olympic Games and the Football World Cup decided by central government. The main reason for that is that management of such events produces difficulties in covering the cost for the opportune infrastructure of the event or even of operating costs from tickets sales, sponsorship, and television right. For example, the cost of development infrastructure of the Sydney 2000 Olympic Games was almost covered by the Government of New South Wales. For instance, which was heavily involved in the organization of the Sydney 2000 Olympics, has adopted more entrepreneurial-driven forms of governance, since a broad range of non-government, often private, organizations were incorporated into the NEWS Governmentââ¬â¢s decision making and policy formulation process. Therefore, under the new urban politics imperatives, decision to bid for mega-events, such as the Olympics, is not solely made by local or regional governments but often involves business corporations. But government to hold the major event because other reason, promote international communication, show strength of the country, to built image of tourism industry for encourage traveler to visit. In that sense, mega-sporting events are often credited with embroiling corporate elites and local politicians in profitable alliances that not only can boost local construction and retail and tourist industries but can also generate absentia infrastructure funding from higher levels of government. In conclusion, this essay review the event industry has impact region development. Culture, social, economic, environment and political is element of event industry for impact region development. Local performing art make has impacts are develop culture, encourage culture communicate and protect culture. For impact of social, provide more Job opportunity, improve education level and bring in new technology. Economic impact is most important part of event industry, attract investment and visitor, help region develop the infrastructure and sporting facility. Sustainable development is an irresistible trend of event industry. How to cite Event management, Papers
Tuesday, May 5, 2020
Dissenting opinions should be abolished UK Essay Example For Students
Dissenting opinions should be abolished UK Essay Caroline Vernet Leduc e 1002041842 Ecole de droit de la sorbonne Universit?Ã © Paris 1 (Panth?Ã ©on Sorbonne) Master 2 Recherche Mention droit compar?Ã © droit anglo-am?Ã ©ricain des affaires Ann?Ã ©e universitaire 2013-2014 1st Semester Sources et techniques en droit anglais Ruth Sefton-Green The Dialogue of English Justice Mid term assignment Subject 2: Dissenting opinions should be abolished from English Judicial practice. Discuss. The English Judiciary tradition consists in Judgements built on a serie of each Judges opinionl . The one of the majority of the court on a legal issue with regard to facts nd the explanation of its reasoning is drawn up as the court Judgment. 2 A dissenting opinion is a minority opinion expressed by one Judge or Jointly by several judges who disagree with the decision reached by the majority in the case. 3Thus, there may be dissenting opinions only when there are several Judges in a court and when their opinions are revealed to the public. Also, an opinion can differ from the majority because of its conclusion and its reasoning or its reasoning only. Most of the countries with a continental system exludes separate opinions. On the other hand, issenting opinions are a familiar feature of Judicial process of most Common Law systems. Hence, one can wonder if dissenting opinions should be abolished from 1 . The Influence of the dissenting opinions on the impact of English decisions In both the Supreme Court and the Court of Appeal, dissenting opinions came from the conference between Judges before the decision had been taken. In the debate, the different opinions fought with specific legal arguments. Unanimity is rare, nuances are welcome and oppositions are allowed. The advantage of dissenting opinions is that they gave force to rationality by showing the quality of the legal ebates on the basis of transparency during the process of decision-making. From this point of view, they do not weaken the decision but make it stronger as they are the proofs that the Judges decision is built on a confrontation of ideas, legal concepts and deep reflexions. According to Justice Jesse W. Carter4, if the majority is perfectly right, the dissenting opinions make his position even clearer. Thus, the publication of a dissenting opinion may highlight the legal debate between Judges. 5 Plus, it is difficult to deny that law is not an exact science. Hence, you cannot prove your nswer6 it must be constantly tested by reason. Dissenting opinions challenge law by testing it. Therefore, despite the fact that a dissenting opinion cannot change the result of a case where it is made, it may salvage for tomorrow the principle that was sacrificied or forgotten today. However, Judgements are followed because they are authorities in England as a Common Law country, and not because people admire their reasoning. Then, a decision taken by a majority which can be short can hardly impose his authority when certain members of the Jurisdiction show their opposition y expressing a dissent with a strong legal argumentation. The risk is particularly important in a case of sharing of votes when the decision had been taken only thanks to the vote of one or two Judge. Also, the authority and the prestige of English courts of last and intermediate ressort may be downgraded if too many dissenting opinions contradict or attack each other. Then, particularly concerning criminal appeals, the court should not look divided as it deals with an English citizens liberty. 9 Indeed, as Bloom-Cooper and Drewry10 declared, the punishment from the Criminal division of he Court of Appeal itself may be more difficult to accept with a dissent without binding effect. Also, one may wonder if Judges have to conciliate different answers or add different opinions. Everyone who participates to the elaboration of a Judicial decision and has an opinion about it also have the assumption that there is also something valuable in the others opinion. Judges should look for a consensus. Nobody can deny that the Judge has the duty to fight for his opinions and has also a duty to the parties and the public. However, by allowing the dissenting opinions, each udge may content with his first view about the case instead of searching a consensus which would be as right as possible according to all the Judges of the bench. Thus, dissenting opinions may strenghten or not the authority of the English courts depending of the way Judges dissent. 2. Dissenting opinions and credibility of the courts Judge Learned Hand of the United States Federal Court of Appeal said that dissents collegiality. ll Indeed, in their debates the Judges can differ in their opinion concerning the law applicable to the facts and should be obliged to come to a unified conclusion. Indeed, after a majority has reached a conclusion, it becomes the opinion of the Court, and the debate should be closed. Alexander the Great EssayAs we admitted that dissenting opinions have an interest such as improving the reflexion and developing the law, therefore, there is a risk that some interesting ideas for the case or for future cases would be missed. Another option would be limiting the possibility to write dissenting opinions only when the case raises important legal questions or may be controversy. In these cases, Judges have to find a fair balance having in mind the public interest. Hence, the publication of dissents may be important as the aim of the decision and he decision itself have to be evaluated by the Judges themselves. On the other hand, Mr. Justice Brandeis24 circulated dissenting drafts but withdrawn them when he thought the majority opinion was unlikely to cause real harm. 25Therefore, it would be a good alternative to the current system if Judges could limit themselves by publishing dissenting opinions only when they are really useful. Dissenting opinions are admissible in some Common Law countries because they are linked to the system in which courts function when exercising their Jurisdiction and English Judges have a main role in the legislative process26 The continental European Judges consider themselves as public officials instead of the real expositor of the law with independence against other organs of administrations. In the English courts, the function of the Judge is not merely to apply a abstract rule to facts, but to formulate rules which he may apply and give their opinion on troublesome points of law27 as their rulings will then become precedents for future cases. Therefore, the question cannot be about abolishing dissenting opinions. However, Judgements given y a weak majority have not the same weight that the ones given by a unanimous court. Therefore, dissenting opinions should be discouraged in a way that if unanimity can be obtained without great sacrifice of conviction, Judges should choose to build a solid conclusion with a unanimous decision to muster a single coherent binding rule. 8 Yet, unanimity obtained at the cost of strong conflicting views is not desirable as one characteristic which guaranty the credibility of the English Courts is the independence of Judges. Hence, within these limits, dissent is not only a right but hould be regarded as a duty29, despite the idea that the practice of dissenting should be used strategically in a way Judges would limit themselves30 Words count: content without footnotes and bibliography: 1999 Bibliography Cases Free City of Danzig and International Labour Organization, Advisory Opinion, 1930 P . C. I. J. (ser. B) NO. 18 (1926) Marburryv Madison, I cranch 137, at 177 (US 1803) Pollock v. Farmers Loan and Trust Company, 157 U. S. 429 , 608 Judgment of 15 June 1962, ICJ, the Hague Other sources Alder, J Dissents in Courts of Last Resort, Tragic Choices , 2000, Oxford Journal of Legal Studies vol 20 Ancel, J-P, Les opinions dissidentes, 2005, Cycle de conf?Ã ©rences annuelles sur les m?Ã ©thodes de Jugement Ginsburg, RB The 20th annual Leo Barry Eizenstat Memorial Lecture: The role of dissenting opinions 2007 Blom-Cooper, LJ and Drewry, G Final Appeal: a Study to the House of Lords in its Judicial Capacity 1972 Oxford Clarendon Press Carter , JW Dissenting opinions 4 Hastings L], 1953 Douglas, WO The Dissent: A Safeguard of Democracy 32 Journal of the American Judicature Society, 1948 Georgin,J Les opinions dissidentes dans les Juridictions : Note introductive, 2003, centre d?Ã ©tudes Jacques Georgin C. E. G Hand, BL The Bill of Rights 1958, Harvard University Press Hart, HLA The concept of Law (2nd edition, Clarendon Press) (A supreme tribunal has the last word in saying what the law is and, when it has said it. ) Heydon, JD Threats to Judicial indepedence:the enemy within 2013, Law quaterly Review Hirt, WE In the Matter of Dissents Inter Judices de lure, 1960, Pennsylvania Bar Association Quarterly Laffranque,J Dissenting opinion and Judicial independence, Juridica International VIII, 2003 Luchaire, F and Vedel, G La transposition des opinions dissidentes en France est-elle souhaitable? , 2000, Cahiers du Conseil constitutionnel no 8 Mashall,J Dissenting Opinions, 1937, Law Posner, RA How Judges Think, 2008, Harvard University Press Stager, W Dissenting Opinions. Their Purpose and Results , 1925, Virginia Law Review Blacks Law Dictionary, Standard Ninth Edition Walbolt, SH and Zimmerman, SC l must dissent. Why Florida Bar Journal, 2008, p35 Wood, DP When to Hold, When to Fold, and When to Reshuffle: The Art of Decisionmaking on a Multi-Member Court, 2012, California Law Review
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