Wise Blood By Flannery OConnor Essay Example | Topics and Well Written Essays - 1250 words

Wise Blood By Flannery OConnor - Essay Example For instance, Motes has the character of a martyr, despite spending most of his time trying to run away from God. As a child, Haze was convinced he could avoid Jesus if he avoided committing sins. When this does not seem to work, he becomes determined to convert to nothing. Motes cannot go to any place without people mistaking him for a preacher, no matter his actions. Nevertheless, the key purpose of the novel is to show that here is an exploration of repercussions of the decision made by Motes after deciding to reject God. Sin and forgiveness, as a theme is clearly depicted in almost all the characters, in the novel. When Motes pursues the new prophet, Solace Layfield, Motes rams his car and runs over him. Right before Layfield dies; he confesses his sins, including the fact that the car was stolen and asks Jesus for help. This scene serves to the give the novel a moralistic lesson. Readers learn that it is difficult to deny Christ’s salvation in both life and death; in deat h, Layfield does not resist Christ’s presence and asks for forgiveness. The idea in his mind, that, Jesus would have sacrificed his life for every sinner â€Å"in ten million deaths† (p.10), haunts Motes. Motes later comes to a conclusion that he does not believe in such beliefs as evidenced in the text; â€Å"There was already a deep black wordless conviction †¦Ã¢â‚¬ .... The author indicates that Motes soon realized that he was not supposed to watch a naked lady, let alone one in a casket, as it was sinful to do so. Motes punished himself for his actions. O’Connor also quotes for her readers, on her views on sin; â€Å"You can tell people better how terrible sin is if you know from your own personal experience.† (O’Connor 15). It is evident that the author is sending the message; sexuality is sinful. The figure of Christ is the other theme, in the novel. O’Connor informs her readers that before Motes decided to join the army, he wanted to become a preacher. Motes goes home only to avoid Jesus who appears in his mind numerous times. As the author explains, no matter what Motes does Jesus moves "†¦from tree to tree in the back of his mind, a wild, ragged figure motioning him..."(O’Connor 47). It is a figure that reminds Motes he is in dire need of salvation. Hazel Motes returns to the small town only to establish the â€Å"Church without Christ†. Hawk, a preacher in the town informs Motes that he will never run away from Jesus, but despite being told this, Motes still believes that Jesus does not exist. This is evidenced when he says â€Å"I’m going to preach a new church; the church of truth without Jesus Christ Crucified (O’Connor 28). O’Connor’s assertion of the figure of Christ is also depicted through the use of signs. When Motes drives all the way into the country, he stops and sees a sign that says â€Å"†¦Jesus Saves†. This emphasizes the fact that Motes cannot escape Jesus Christ, despites all the efforts used. The working of God’s grace in a person’s life is also another key theme in Wise Blood. O’Connor’s concept of Grace in the central character, Hazel Motes, is strongly enforced

Comparative Research Paper Assignment Example | Topics and Well Written Essays - 750 words

Comparative Research Paper - Assignment Example alyze the process of evolution, specifically when one is concerned about the behavioral changes and physiological responses of an organism to the variable evolutionary stressors. Thus, two main factors that are of interest in this discussion are the role of ecology and the adaptability. Ecology is defined as the combination of biota and abiotic features that are prevalent in a habitat. Thus, the distribution of a particular species population is determined by the environmental conditions of a particular place. For instance polar bears are only found in the snowcapped regions of polar area, similarly thermophiles are found near hydrothermal vents deep in the oceans. Naturally, all the organisms have the capacity to adapt to the varying environmental stressor, however, to what limit they can adapt varies. Adaptation can be carried out different levels, it may be due to a minor change in the behavior of an organism, or it may be due to alterations or mutations at the genomic level. In t his regard species or organisms that have the capacity to sustain the changes are considered to have an advantage in the strict competition (Martin, 1990). Plesiadapiformes are sometimes also considered as the mammals of archaic age; they are considered to be lagging behind the modern primates of today on the basis evolutionary characterization; however, they share a great degree of similarity with the primates of today, especially when there skeletons are compared. Plesiadaiformes are regarded as tree dwellers, however, they lacked the ability of fast locomotion like jumping and leaping, which is commonly found in the present day primates. Further, the fossil records of Plesiadapiformes show that their brain size was smaller than the primates of today, therefore, there behavior and the capacity to respond to stimuli was limited (Stanford, Allen, & Anton, 2012). Adapids are considered as the ancestors of lemurs, they were lower diurnal primates with a herbivore appetite. Fossil

Critical Success Factors for Knowledge Management

Critical Success Factors for Knowledge Management Enablers and Inhibitors of Knowledge Management: Critical Success Factors for Knowledge Management Introduction The information revolution has caused enterprises to realize the shift from resource economy of controlling land, machines, factories, raw materials, and labor forces to the knowledge economy of creating business value through utilization of intangible knowledge. This has caused â€Å"knowledge management† to be of crucial importance and it has grabbed peoples attention and generated significant discussions both in the academia and industry. The true creation of business value today mainly comes from knowledge and its management. Knowledge is critical in obtaining competitive advantage within an enterprise (Sang and Hong, 2002), enterprises should consider the knowledge to be a critical resource and leverage it judiciously (Gupta et al., 2000; Liebowitz, 2003). To facilitate the knowledge accumulation process, enterprises must encourage employees to share their experience and knowledge with others meanwhile accumulating their knowledge as an organizational asset. Therefore, th e activities of knowledge management should enable the creation, communication, and application of knowledge; and they should drive the capability of creating and retaining a greater value onto the core business competencies (Tiwana, 2001). The enterprise needs to build a framework for evaluating the implementation activities of knowledge management system to enhance the effectiveness for incorporating new experiences and information to nourish the contents and contexts of its knowledge. However, there are concerns about the enablers and inhibitors to implementing knowledge management for enterprises. The response to that concern is that there are broad and value studies related with the implementation of knowledge management (Barney, 1995; Nonaka et al., 2000; Ndlela and Toit, 2001; Tiwana, 2001, Lin and Tseng, 2005). For example, Barney (1995) demonstrated that before launch to implement knowledge management, the enterprise needs to solve four questions: 1. Where is the value of knowledge? 2. How does the firm develop and exploit the special characteristics of knowledge and find a niche to obtain greater competitiveness? 3. How does the firm avoid being imitated by other firms of its special characteristics of knowledge management? 4. How does the firm organize the exploitation of resources in order to implement knowledge management? In the process of carrying out knowledge management, enterprises have to face the varying conditions of corporate culture, workflow processes, and the integration of group members knowledge. They also need strong support from top management, because it is possible that during the process they will encounter resistance from employees. Enterprises also need to increase the usage of information technology in order to help the problem regarding the flow of information. Through the study of enablers and inhibitors this research not just tries to validate theory with reality, but it also hopes to provide a reference for academia as well as the business field and suggest critical success factors for knowledge management implementations. Wong, (2005) indicate that previous studies of CSFs for KM implementation have been heavily focused on large companies. This is because most of the early adopters and superior performers of KM were in fact large and multinational corporations. As such, existing factors are mainly large companies oriented, thereby reflecting their situations and needs. Directly applying these factors into the SMEs environment may not be sufficient without an understanding of their very own and specific conditions. Previous studies fall short of studying and identifying the CSFs from the SMEs perspective. They have not considered the features, characteristics and situations of smaller firms. Nor have they explored other factors, which could potentially be more important for SMEs when accomplishing KM. This paper evolves a model for critical success factors for Knowledge Management implementations in Small Medium Enterprises using the Analytic Hierarchy Process (AHP). AHP is an effective quantitative tool that helps to prioritize problems, issues or variables based on relevant criteria and alternatives. The applicability and usefulness of the AHP approach as a multi-criteria decision-making tool is well acknowledged in the management literature. The present work has adopted this tool for segregating a few critical aspects of Knowledge Management implementation from the inconsequential many, so that organizations could focus only on those dimensions that are crucial for their success instead of spending a large quantity of time, effort and resources in mindlessly concentrating on peripheral issues. Hence the objectives of this paper are two-fold: †¢ To identify the criteria for the AHP model with respect to issues relating to critical success factors for Knowledge Management implementations in SMEs †¢ To present an AHP framework for absolute measurement of priorities in order to critically evaluate the issues relating to critical success factors for Knowledge Management implementations in SMEs. Review of Literature Enablers to Knowledge Management As enterprises embark into managing their knowledge they need to be clear of the factors that influence knowledge management, which are known as knowledge management enablers. Because enablers are the driving force in carrying out knowledge management, they do not just generate knowledge in the organization by stimulating the creation of knowledge, but they also motivate the group members to share their knowledge and experiences with one another, allowing organizational knowledge to grow concurrently and systematically (Ichijo et al., 1998; Stonehouse and Pemberton, 1999). Knowledge management enablers are the mechanism for the organization to develop its knowledge and also stimulate an environment within the organization for the creation and protection of knowledge. They are also the necessary building blocks in the improvement of the effectiveness of activities for knowledge management (Ichijo et al., 1998; Stonehouse and Pemberton, 1999). In related research, knowledge management enablers include the methods of knowledge management, organizational structure, corporate culture, information technology, people, and strategies, etc. (Bennett and Gabriel, 1999; Arthur Anderson Business Consulting, 1999; Arthur Anderson and APQC, 1996; Zack, 1999; Davenport, 1997; Long, 1997). To meet the challenge of managing strategic knowledge resources, an organization should be able to assess its preconditions for successful KM and their impacts on KM performance (Gold et al., 2001). A study by Yu et al (2007) identified a set of critical enablers for developing organizational capabilities of KM. KM team activity, learning orientation, KM system quality, and KM reward were found to have a significant, positive influence on KM performance. Research done by Yeh et al. (2006) concludes that strategy and leadership, corporate culture, people, and information technology are four of the enablers in knowledge management. They found that for the strategy and leadership enabler the most important part is to obtain the support of the top managers. For the corporate culture enabler, the important part is the forming of a culture of sharing but needs to be supplemented by information technology. For the people enabler, other than the training courses, the channels of learning and the incentive program for the employees are also key factors. As for the information technology enabler, other than the digitalization of the documents, the speedy search of knowledge for its re-use is becoming more and more important. In practice they discovered that the â€Å"establishment of a dedicated unit† is also a key enabler, and this enabler mainly plays the role of furthering knowledge management, taking communication, and coordinating with other departments as its duty. Inhibitors to Knowledge Management The biggest inhibitor to knowledge management implementation arises from unwillingness of people to systematically organize their knowledge. Since, this cannot be solved with technology, different kinds of work are needed. Examples include the promotion of knowledge management amongst people, or requiring top management to give their people pressure to implement knowledge management (Yeh et al., 2006). Lin et al (2005) suggest inhibitors in implementing the Knowledge Management arise out of strategic, perception, planning and implementation issues. The results of their research reveal that: †¢ From the strategic aspect, the upper management should address the enterprises strength, weakness, opportunities, and threats, and then formulate a suitable KM strategy. Furthermore, they should be equipped with information about the activities and performance throughout the organization. †¢ From the perception aspect, the critical task of the top managers is to identify the core knowledge required to maintain competitive advantage. Employees and top managers work together for a common goal; thus, employee efforts can guarantee a successful implementation of the KMS. Therefore, an enterprise should provide suitable training and resources to the employees, and use information technology to provide a friendly repository to standardize and store knowledge. The enterprise should also es tablish an atmosphere emphasizing knowledge sharing and innovation and encouraging employees to form such a culture through a reward system. †¢ From the planning aspect, the action plan should include schedule, people involved and resources required, although it is difficult to transfer the necessary knowledge to the KM plan due to non-standardization. Employees orientation toward KM, including the awareness of the importance and benefits of KM and IT skills for KM process, should be completely addressed. Knowledge-oriented employee assessments can also fail if they are not linked closely to existing incentive systems. The company should take steps to build up the trust of the knowledge owners by associating knowledge sharing to pay and incentives. †¢ From the implementation aspect, a robust set of metrics that evaluates the value of the KMS after implementation will need to be developed. It is essential that the top managers instill in the employees the importance and ben efits of KM. Employees often fear that if they pass on their knowledge to others, they will endanger their own position, authority, even power in the organization. Training and communication are essential to calm down employees fears of change, and perhaps to help them to enjoy new ways of working with their colleagues. Thus, firms need to create the right circumstance around the organization, primarily in the areas of KM activities and culture. Jennex and Zakharova (2005) suggest a holistic approach that addresses critical elements such as an effective technological infrastructure; integrating the technology infrastructure into everyday processes; having an enterprise-wide knowledge structure or taxonomy; a knowledge management strategy; knowledge management metrics of success and identification of inhibitors of knowledge usage. Lang (2001) have identified several inhibitors to knowledge creation and utilization in organizations. First, there may be inadequate care of those organizational relationships that promote knowledge creation. Second, there may be insufficient linkage between knowledge management and corporate strategy. Thirdly, inaccurate valuation of the contribution that knowledge makes to corporations bottom line renders the value of knowledge management ambiguous. Fourthly, there may be a pervasive lack of holism in knowledge management efforts. Finally perhaps not something ordinarily considered a problem for managers to deal with -poor verbal skills may hinder the actual processes of knowledge creation. Plessis, (2007) feel that the management of the inhibitors to knowledge management would need to be a mix of cultural, organizational, process, management and technology initiatives. The challenge is to select and combine the methods and approaches available, and harness them to address the organizations business needs. Critical Success Factors for KM There is a need for a more systematic and deliberate study on the critical success factors (CSFs) for implementing KM. Organisations need to be cognizant and aware of the factors that will influence the success of a KM initiative. Ignorance and oversight of the enablers and inhibitors will likely hinder an organisations effort to realise its full benefit (Hung et al, 2005). Initially, KM appeared to be adopted only in large, multinational and international companies and hence, research work on CSFs has been largely centred on them. Most of these studies have not considered the differences of company size as well as the specific features of small and medium enterprises (SMEs) that could affect KM. However, as it has now become a widely spread business discipline, it is no longer the concern of just large organisations. As asserted by Frey (2001), although major corporations have led the way in introducing and implementing KM, it is increasingly important for small businesses to manage their collective intellect. Okunoye and Karsten (2002) stated that KM has indeed become the underlying sources for successful organisations regardless of their size and geographical locations. Therefore, a better understanding of the CSFs for implementing it in SMEs is needed in order to ensure the success of their efforts. Wong, (2005) has grouped the critical success factors into a number of generic factors such as management leadership and support, culture, technology, strategy, measurement, roles and responsibilities, etc. These are common in KM efforts and therefore, they are also believed to be applicable to SMEs. He suggests that one should also consider the needs and situations of SMEs when developing CSFs for them.Wong, (2005) proposes a comprehensive model for implementing KM in SMEs. They are: †¢ management leadership and support; †¢ culture; †¢ IT; †¢ strategy and purpose; †¢ measurement; †¢ organisational infrastructure; †¢ processes and activities; †¢ motivational aids; †¢ resources; †¢ training and education; and †¢ HRM. What emerges from the review of literature is the following: ï  ¶ There are both enablers and inhibitors to knowledge management implementations in SMEs ï  ¶ Both enablers and inhibitors may be classified essentially into three broad categories human, technical and financial. ï  ¶ Critical Success Factors for KM implementations are different for SMEs from that of large organizations ï  ¶ Critical Success Factors also depend on the management of the enablers and the inhibitors Thus, it is beneficial for the SME to build a framework that would be used to prioritize the enablers and inhibitors to success. Therefore, we propose this AHP framework to the priorities for a SMEs initiative towards KM implementation. Framework for KM implementation Any successful managerial implementation requires management of enablers and the inhibitors. Similarly, in case of Knowledge Management as well it is important to manage the enablers and the inhibitors. From the review of literature a 3 level hierarchical model as shown in Figure 1 may be envisaged. At the root of the hierarchy the overall objective of a successful Knowledge Management implementation may be considered. Successful Knowledge Management implementation depends on two criteria enablers and inhibitors which are depicted as level 2 in the figure. As has been mentioned above these enablers and inhibitors can be classified in level 3 into technical, human and financial enablers (inhibitors). Figure 1: Framework for Successful Knowledge Management Implementation 4. METHODOLOGY Data Source: The research used both secondary and primary data. An extensive literature survey was undertaken, which helped in framing the questionnaire for the primary data collection. The focus of the study was on primary data. Research approach: The survey method was used for the study. Our primary data has been gathered using questionnaire technique. Our target population is all small firms in the National Capital Territory of Delhi (India) with turnover ranging from Rs. 5 crores to Rs. 25 Crores and employment levels between 15 and 50 employees. Specifically, we are targeting the owners or top managers at these firms. For the purposes of this research, we used a questionnaire survey. The questionnaire included 60 questions in two sections such as: [A] Enablers to Knowledge Management [B] Inhibitors to Knowledge Management Contact Method: The questionnaires were sent via email and were telephonically followed up. Sample Size: Amongst the 4263 companies (as per Centre for Monitoring Indian Economy Prowess database) that belonged to the criteria in the entire country, 1039 such companies were located in the National Capital Region of Delhi, which included New Delhi, Delhi, Faridabad, Gurgaon, Ghaziabad and NOIDA. Due care has been taken to include only those companies that made the sample more representative thus, e-mail questionnaires were sent to 500 amongst these 1039 companies. 119 responses were received that formed the sample for the study. This is a 23.8% response rate, which is acceptable. Data Analysis: The data so collected were analyzed with the AHP techniques to arrive at weights. The AHP is a generic problem-solving approach that is used in making complex multi-criteria decisions based on variables that do not have exact numerical consequences. The decision problem is represented in the form of a hierarchical structure with the apex being the overall focus or objective, criteria at the middle and the decision alternatives at the bottom. Such a configuration represents the basic three-level model of AHP. Nevertheless, several levels like sub goals, sub criteria, scenarios etc. could be considered in the model depending on the construction of the decision problem (Saaty, 2000). It employs a qualitative methodology to decompose an unstructured problem into a systematic decision hierarchy. In the quantitative sense, it adopts a pair wise comparison to execute the consistency test to validate the consistency of responses. In short, AHP is a hierarchical representation of a system. A hierarchy is an abstraction of the structure of the system, consisting of several levels representing the decomposition of the overall objective to a set of clusters, sub-clusters, and so on down to the final level. Decomposing the complexity of a problem into different levels or components and synthesizing the relations of the components are the underlying concepts of AHP (Cheng and Li, 2001). 5. RESEARCH FINDINGS Wong , Kuan Yew, (2005), â€Å"Critical success factors for implementing knowledge management in small and medium enterprises†, Industrial Management Data Systems Volume 105 Number 3 pp. 261-279 Frey, R.S. (2001), Knowledge management, proposal development, and small businesses, The Journal of Management Development, Vol. 20 No.1, pp.38-54 Okunoye, A., Karsten, H. (2002), Where the global needs the local: variation in enablers in the knowledge management process, Journal of Global Information Technology Management, Vol. 5 No.3, pp.12-31. Hung , Yu-Chung, Huang , Shi-Ming, Lin , Quo-Pin, Tsai , Mei-Ling, (2005), â€Å"Critical factors in adopting a knowledge management system for the pharmaceutical industry†, Industrial Management Data Systems, Volume 105 Number 2 pp. 164-183 Lang , Josephine Chinying (2001), â€Å"Managerial concerns in Knowledge management†, Journal of Knowledge Management Volume 5 . Number 1 . . pp. 43 ±57 Plessis , Marina du (2007),† Knowledge management: what makes complex implementations successful?, JOURNAL OF KNOWLEDGE MANAGEMENT, VOL. 11 NO. 2 2007, pp. 91-101 Jennex, M.E., Zakharova, I. (2005), Knowledge management critical success factors, available at: www.management.com.au/strategy/str110.html Lin , Chinho, Yeh, Jong-Mau, Tseng, Shu-Mei, (2005), † Case study on knowledge-management gaps†, Journal of Knowledge Management Volume 9 Number 3 pp. 36-50 Yeh , Ying-Jung, Lai, Sun-Quae, Ho, Chin-Tsang, (2006), â€Å"Knowledge management enablers: a case study†, Industrial Management Data Systems Volume 106 Number 6 pp. 793-810 Yu, Sung-Ho, Kim, Young-Gul, Kim, Min-Yong, (2007), â€Å"Do we know what really drives KM performance?, Journal of Knowledge Management, Volume 11 Number 6 pp. 39-53 Gold, A.H., Malhotra, A., Segars, A.H. (2001), Knowledge management: an organizational capabilities perspective, Journal of Management Information Systems, Vol. 18 No.1, pp.185-214. Zack, M.H. (1999), Managing codified knowledge, Sloan Management Review, Vol. 40 No.4, pp.45-57. Davenport, T.H. (1997), Ten principles of knowledge management and four case studies, Knowledge and Process Management, Vol. 4 No.3, pp.187-208. Long, D.D. (1997), Building the knowledge-based organizations: how culture drives knowledge behaviors, working paper of the Center for Business Innovation, Ernst Young LLP, Cambridge, MA, . Bennett, R., Gabriel, H. (1999), Organizational factors and knowledge management within large marketing departments: an empirical study, Journal of Knowledge Management, Vol. 3 No.3, pp.212-25. Ndlela, L.T., Toit, A.S.A. (2001), Establishing a knowledge management programme for competitive advantage in an enterprise, International Journal of Information Management, Vol. 21 No.2, pp.151-65. Ichijo, K., Krough, G., Nonaka, I. (1998), Knowledge enablers, in Krogh, G., Roos, J. (Eds),Knowing in Firms, Sage, London, pp.173-203. Stonehouse, G.H., Pemberton, J.D. (1999), Learning and knowledge management in the intelligent organization, Participate Empowerment: An International Journal, Vol. 7 No.5, pp.131-44. Tiwana, A. (2001), The Knowledge Management Toolkit: Practical Techniques for Building Knowle dge Management Systems, Prentice-Hall, Englewood Cliffs, NJ, . Liebowitz, J. (2003), Keynote paper: measuring the value of online communities, leading to innovation and learning, International Journal of Innovation and Learning, Vol. 1 No.1, pp.1-8. Gupta, B., Iyer, L.S., Aronson, J.E. (2000), Knowledge management: practices and challenges, Industrial Management Data Systems, Vol. 100 No.1, pp.17-21. Saaty T. L. (2000), Fundamentals of decision making and priority theory with the AHP, 2nd edn. RWS, Pittsburg PA Cheng, E.W.L. and Li, H. (2001), ‘‘Analytic hierarchy process: an approach to determine measures for business performance, Measuring Business Excellence, Vol. 5 No. 3, pp. 30-6. Sang, M.L., Hong, S. (2002), An enterprise-wide knowledge management system infrastructure, Industrial Management Data Systems, Vol. 102 No.1, pp.17-25. Arthur Anderson and The American Productivity and Quality Center (1996), The Knowledge Management Assessment Tool: External Benchmarking Version, Arthur Anderson/APQC, Chicago, IL, . Arthur Anderson Business Consulting (1999), Zukai Knowledge Management, TOKYO Keizai, Inc., Tokyo, . Nonaka, I., Toyama, R., Konno, N. (2000), SECI, ba and leadership: a unified model of dynamic knowledge creation, Long Range Planning, Vol. 33 No.1, pp.5-34 Barney, J. (1995), Looking inside for competitive advantage, Academy of Management Executive, Vol. 9 No.4, pp.49-61. Lin, Chinho, Tseng, Shu-Mei, (2005), â€Å"The implementation gaps for the knowledge management system†, Industrial Management Data Systems Volume 105 Number 2 2005 pp. 208-222

Child Maltreatment Essay -- Social Issues, Child Abuse

Child maltreatment is a widespread issue that affects thousands of children every year. There are four common types of child maltreatment; sexual abuse, physical abuse, emotional abuse and neglect. All of these types of abuse are very serious and can have many consequences for the children and families. The most common consequence of severe child maltreatment is the removal of that child from their home (Benbenishty, Segev, Surkis, and Elias, 2002). Most social workers trying to determine the likelihood of removal evaluate the type and severity of abuse, as well as the child’s relationship with their parents (Benbenishty et al., 2002). When children are removed from their homes there are many options of alternative housing. The places they are allowed to live are a relative’s home, foster home, or a group home. In a study of children removed from their homes, 68% went to a foster home rather than a relative or another form of alternative housing (Faller, 1991). Reunification with a parent is the most common goal that is set forth by Child Protective Services even though recurrent abuse is likely to happen based upon the prior type of abuse and the age of the child (Connell et al., 2009). Child maltreatment is becoming a prevalent problem that has numerous consequences for both the child and family. The Center of Disease Control and prevention defines child abuse as any act or series of events that results in harm, potential harm or threatens the child’s safety (Webb, 2007). While many people believe that child maltreatment is simply physical many other forms of maltreatment occur; sexual abuse, neglect and abandonment are also common forms of abuse. Domestic Violence is also included in the definition of child maltre... ...l parents as soon as the home is safe again. For some cases recurrent maltreatment occurs when the child is reunified with the biological parents or original caregivers. Children who are abused can display behavioral problems which can impact many areas in their life. They tend to act out at school and have low academic performance (Webb, 2007). They may also internalize their behavior by becoming depressed and showing symptoms of Post Traumatic Stress Disorder. Child maltreatment not only affects the child that is being abused, but the family system as well. Some acts of child abuse can be prosecuted with criminal charges which could result in jail time and other serious punishments. Children show the affects of their maltreatment throughout their life through their behaviors. Child abuse is a serious problem that needs to be prohibited by all agencies.

With reference to the case law on direct effect, critically discuss the extent to which this concept (direct effect) is an effective means of protecting an individual’s European Union Law rights.

Introduction Direct effect seeks to ensure that the rights of individuals are being protected under EU Law[1]. This is not always achievable since EU Law is generally only directly effective against national authorities. As such, individuals cannot usually invoke EU Law against other individuals unless the EU Law provisions are horizontally directly effective. This suggests that the concept of direct effect is not that effective in protecting an individual’s European Union Law rights. In light of recent case law, the courts are now using vertical direct effect as a way of invoking EU Law by demonstrating that the provisions give effect to general principles of EU law. This essay will critically discuss the extent to which individual rights are being protected by reviewing the case law in this area. European Union Law Parliamentary sovereignty renders Parliament the most supreme legal authority in the UK. The courts are unable to overrule any decisions made by Parliament and no Parliament is capable of passing laws that future Parliaments will be unable to change[2]. Since the UK’s entry into the European Union (EU) in 1972 and the implementation of the Human Rights Act 1998, the sovereignty of parliament has been significantly weakened. This is primarily due to the fact that EU Law has direct effect under the European Communities Act 1972. EU Law can be used to dis-apply acts of parliament and overturn previous decisions[3]. This protects individual rights by allowing them to use the direct effect principle to invoke EU Law. The principle of direct effect confers rights on individuals which all Member States must recognise and enforce and although the principle is not explicitly provided for under any of the Treaties of the EU, it has been recognised through various case law such as Van Ge nd en Loos v Netherlands Inland Revenue Administration[4]. Here, it was made clear that in the event of a confliction between EU Law and national legislation, EU Law will always prevail. This decision recognised for the first time that the supremacy of the EU would always be upheld through the principle of direct effect. Direct Effect The decision in Van Gend en Loos focused upon the rights of individuals against the state and not against other individuals. This issue was subsequently addressed in Defrenne v SABENA[5] when it was noted that there exists two different types of direct effect; vertical and horizontal. The distinction between the two would depend upon the person or entity the right was being enforced against. Vertical direct effect is concerned with the relationship between EU Law and national law, whilst horizontal direct effect is concerned with the relationship between individuals[6]. It was identified in the case that if a particular provision of EU Law is horizontally directly effective, then individuals will be able to rely upon that provision to enforce EU Law against another individual. Although this is necessary in ensuring that the rights of individuals are being protected by all, there are only limited EU Law provisions that are horizontally directly effective. The rights of individuals may still be violated by other individuals and companies. This shows that the principle of direct effect may not always be an effective means of protecting an individual’s EU Law rights. Consequently, the principle is only effective when it comes to EU regulations and is not that effective when trying to enforce directives. This is due to the fact that directives are not generally given horizontal direct effect. The lack of directives that have horizontal direct effect was identified by AG Jacobs in Nicole Vaneetveld v Le Foyer SA[7] when he argued that there would exist greater legal certainty and a more coherent system â€Å"if the provisions of a Directive were held in appropriate circumstances to be directly enforceable against individuals†. Arguably, because directives do not always have horizontal direct effect, it cannot be said that the rights of individuals are being fully protected under EU law as violations can still occur. In Van Duyn v Home Office[8] the courts made it clear that vertical direct effect would apply to Directives if â€Å"individuals were prevented from taking it into consideration as an element of Community law†. In addition, it is declared under Article 249 EC (now Art 288 of the Treaty on the Functioning of the European Union) that Directives should be binding upon Member States, though the decision is left for the courts to decide based upon the particular facts and circumstances of the case. Individuals thus have the ability to invoke Directives before the courts, yet their rights cannot always be guaranteed. Furthermore, if the Directive is â€Å"sufficiently clear and precise, unconditional, leaving no room for discretion in implementation†[9] it is unlikely that the courts will be able to make a decision by weighing up the particular circumstances of the case. Only if a Directive is not sufficiently precise and deemed unworkable by the court, will national authorities be able to intervene. Essentially, it is evident that direct effect will not always apply to directives and as asserted by Tovey; â€Å"some policy decisions needed to be developed and articulated for Directives to be accorded direct effect†[10]. In Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching)[11] it was held that a Directive cannot be directly enforceable against individuals, however in Grad v Finanzamt Traunstein[12] it was signified that because Directives imposed obligations which were to achieve a desired result, they could be directly effective. Moreover, in Pubblico Ministero v Ratt[13] it was stated that Directives would not have direct effect if Member States had not implemented the Directive within the time allowed for its implementation. The conflicting case law decisions in this area are likely to cause confusion as to whether directives are capable of having direct effect, though it seems as though the decision will be made on a case by case basis. W hether this limits the protections under EU Law is likely as the provisions will not always be able to be invoked. Recent case law surrounding the direct effect of EU Law has prompted even more confusion. This is because, whilst the courts have made many attempts to reject extending horizontal direct effect to directives (Faccini Dori v Recreb Srl[14]), it is now questionable whether this is still the case since the decisions of Mangold v Helm[15] and Kucukdeveci v Swedex GmbH & Co KG[16]. Individuals EU Law Rights In Mangold the court held that national courts were under a duty to adopt the provisions of a Directive and set aside conflicting national law even if the time limit for transposition had not yet expired. It seemed that a new principle was being established by the court as Directives were originally only capable of having direct effect after the transposition date. In Kucukdeveci it was held that although Directives did not have horizontal direct effect, they were not prepared to apply national legislation as this would infringe the individuals rights under EU Law. Instead, it was found that the principle of non-discrimination was a general principle of EU Law and that the national court was therefore under a duty to dis-apply national legislation that violated this principle. This case seemed to suggest that even when a directive is not horizontally directive effective, an individual can still invoke EU Law against another individual by applying the general principles of EU Law. The court in Re Honeywell[17] questioned whether the Mangold decision was ultra vires, yet because age discrimination fell within the competencies of EU Law, it was found that no new competencies had been created. Consequently, whilst it generally depends upon the nature of the case as to whether direct effect will be applicable, it is capable of being used as an effective means of protecting an individual’s rights whether this be via horizontal or vertical direct effect. The case law in this area suggests that if a Directive gives effect to general principles of EU law, national legislation which conflicts with the Directive must be dis-applied by national courts. Conclusion In light of recent case law decisions, the protection that is being afforded to individuals under EU Law is now more effective through the principle of direct effect than it ever was. Previously, if an EU Law provision did not have horizontal direct effect, individuals could not invoke EU Law against another individual such as their employer. This resulted in discriminatory treatment and prevented individuals from relying upon their rights under EU Law. Since Mangold and Kucukdeveci, individuals will be capable of invoking Directives that give effect to general principles of EU law against other individuals. Bibliography Text Books Alina Kaczorowska, European Union Law (Routledge 2013). John Fairhurst, Law of the European Union (Pearson Education, 2010). Lorna Woods and Phillipa Watson, Textbook on EU Law, (12th Edn, Oxford University Press, 2014). Nigel Foster, Foster on EU Law (OUP Oxford 2011) 219. Online Journal Articles Gwyn Tovey, ‘European Union Law’ (2011) EU Law and National Law, accessed 02 December 2014. Parliament, ‘Parliamentary Sovereignty’ (UK Parliament) accessed 01 December 2014 Case Law Defrenne v SABENA Case 2/74 [1974] ECR 631 Grad v Finanzamt Traunstein Case 9/70, [1970] ECR 825 Faccini Dori v Recreb Srl Case 91/92 [1995] All ER (EC) 1 Kucukdeveci v Swedex GmbH & Co KG [2010] All ER (EC) 867) Mangold v Helm [2006] All ER (EC) 383 Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723 Nicole Vaneetveld v Le Foyer SA Case 316/93, [1994] ECR 1-793 290 Pubblico Ministero v Ratt Case 148/78, [1979] ECR 1629 Re Honeywell [2011] 1 CMLR 1067 Van Gend en Loos v Netherlands Inland Revenue Administration [1963] ECR 1

Organizational Behavior Invictus Essay

Invictus is a film based on Nelson Mandela’s life during the 1995 Rugby World Cup in South Africa. The film tells the inspiring true story of how Nelson Mandela joined forces with the captain of South Africa’s rugby team to help unite their country. Morgan Freeman holding as a South African leader Nelson Mandela, whose recently been released from nearly 30 years of captivity in a tiny cell. He was been elected and become his country president. He believes one way to achieve a reunite country and racial reconciliation is through the success of the national Springboks rugby team, which is captain by Francois Pienaar. South Africa is hosting the 1995 World Cup Rugby Event and the Springboks team automatically qualifies for that. With help from Francois Pienaar, Mandela believes he can rally the entire country behind the team, especially if it does well in the tournament. This story portrays how this great leader manages and use his unexpected weapon to achieve his goals. 2.Issue and problem revealed in the movie. i – Sport is universal for all races, perspective are able to change and healing is able to take place; Rugby was to the white South African as a source of both pride and humiliation. The green and gold strip jersey of the national team which is â€Å"The Springboks† was honored by fan. As newly elected leader, Nelson Mandela responsibilities to tackle the pain and dispute that had been caused and reconcile the nation. In a widely discouraged political moved, Mandela focused on gaining support for the very team that represented Apartheid. It was Mandela that recognized the power of sport as a medium for political and social change as well become symbol of hope and reconciliation. In this movie it can realize that although the white and black people used sports as a tool through which to build community and have fun, the racial and social boundaries of Apartheid prevent them from integrating. Nationalism is usually formed around literature and film, but it can also be formed around victories and loses. A sport isn’t just something men compete in to show off their muscles or how much talent they have. It’s a powerful tool that brings people together whether their  realize it or not. Sports bring communities together. It is not just an individual watching and cheering a team on but a nation. In this movie, Nelson Mandela sees the opportunity to turn the South African rugby team into so much more than a show of manliness and he turns them into a symbol of inspiration for a country and changes the entire meaning of the sport. He reunites his country and give them the hope they need in order to forgive past wrongdoing and come together as a nation through rugby. In this movie, President Mandela and rugby team captain Francois Pienaar work together to unite South Africa and all its races together through the sport of rugby. A sports game give people a common cause. It gives them something to talk about, cheer and celebrate. They are cheering for one national team that represent everybody and every race. Through the victories and losses of the team, people unite. They have something to relate to that familiar to both parties and not just one race. They forgot what color everybody is and just focus on the team that represents their nation. This kind of solidarity can only be brought out by sports. Mandela capitalizes on this and uses the World Cup to bring about nationalism to a country on the brink of civil war. By the end of the movie, there are two different rugby teams. One team represent a disconnected racist South Africa and the other represents a united country celebrating not just personal victory but a national as well. There is a scene where Mandela ask Francois about how do they will inspire the nation and everyone around them. The answer is leading by example. If Mandela cannot forgive his white prison guards, how he can expect his country to forgive and reconcile each other. The same goes with the rugby team. The team is only able to connect and withstand when they go into the slums and meet with a group of black children and teach them how to play rugby. By personally teaching the children and showing them that the sport is universal for all races, perspective are able to change and healing is able to take place. ii – People have a life-long need for forgiveness, reconciliation and healing. Forgiveness being a way to not only change individual hearts but turn around a whole society. In the film, Freeman as Nelson Mandella says to his head of security, â€Å"Forgiveness liberates the soul†¦ that is why it is such a powerful weapon.† Forgiveness is not only liberates the individual soul but it can turn around the soul of a nation. It’s not a magic bullet that always and everywhere works but, it is a  powerful force of the spirit that should be tried more often than it is. Forgiveness is hard work, requires a steely commitment to make reconciliation happen at the deepest and realistic levels, and filters down from a leader to the people.