Feminist Jurisprudence - Free Essay Example

Sample details Pages: 8 Words: 2353 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Feminism Essay Jurisprudence Essay Did you like this example? Published: 13th September, 2016 Last Edited: 7th March, 2017 Brief 215632 In order to answer this question one must first assess and consider the theory of feminist jurisprudence. This will require an in-depth analysis of the theory and the principles of postmodernism. Further, in order to answer this question one must assess the principles that interpose themselves in law, namely the role of sex. Feminist jurisprudence can be said to be a theory that stands out from the classic theories that occupy the thoughts in jurisprudence. Feminism can be defined thus. The idea that man has created law for the sole purpose of restricting female interaction and conduct. Feminist jurisprudence technically responds to the current understanding of legal thought, which arguably is identified with the liberal Anglo-American tradition. Two of the major branches within this sphere of thought are occupied and identified by legal positivism and natural law. These will be examined below in detail. Feminist jurisprudence can therefore be seen to respond t o both these classic examples in Anglo-American traditions, and raises and identifies problems about the creation and assumptions of law. The rules of feminist jurisprudence provides that the law must be able to be properly objective and identifiable. This clearly provides that the views must be placed against a set of objective criterion. This further provides that the law must be impartial and not bent into a man’s previous experience and desire to control women. Thus, feminism argues that the law should provide a conceptual basis for equality, rather than control. Equally, the idea of feminism provides that the law should be certain and consistent in order to achieve the overall objective of justice. Within the mainstream thought of feminist jurisprudence the debate is centralised upon the ideas of two conflicting beliefs. These are the school of thought that centres around the reformist tradition against the radical tradition. The reformist school of thought argues that t he liberal tradition should be reformed so that man can no longer control women by recourse to the law. Whereas the radical tradition identifies the fact that man has created the law with all it’s inherent problems and failings and fundamentally fails to achieve a just outcome. They further argue that if a legal system is based upon fundamental failings then it can not be restructured and reshaped. Thus, according to feminist jurisprudence the legal system should be departed from and recreated by using traditional feminist beliefs. They further argue that this will allow for strict compliance with justice. However, it is worth noting that this school of thought states that the rights of women must be regarded and advised according to the law. This would imply a certain degree of inconsistency within the framework. This would mean that justice would alter according to the person who is seeking access to the law. In order to fully compare and contrast the basis and importanc e of feminism it is important to note other classic theories within the sphere of jurisprudence. This is the idea of natural law. According to the natural law thesis, the only authentic way of creating and subsequently evaluating law is by reference to the unpredictable notion of morality. This in it’s entirety contains reference to the idea of ‘God’. This thesis makes reference to different principles of law. These principles contain reference to the idea of eternal law, which is based upon the highest authority in the structure of natural law. The next principle is that of the divine belief, this again is a high authority that is premised on the creation of laws that are made by ‘God’. The final higher principle is that of natural law. This is defined by the laws of nature. These higher principles premise on the existence and creation of the human law. The human law is the law by which all human beings are to live their life’s by on a daily basis. These higher principles within the natural law thesis are deemed to be both legitimate and ‘valid’ as, by reference to God, they are presumed to contain notions of truth and justice. Accordingly, this theory can be contrasted against the idea of feminism. Feminism states that the human law is designed to control and restrict women from playing a crucial and active role in the legal system. However, nature law provides that law is created by a higher being. According to the ideas of feminism the higher being is a male creation and thus masculine in nature. If one follows the principles of the Bible, then God is neither male nor female. The existence of God is an asexual being, that provides guidance and advice through the power of prayer. This theory can be compared and contrasted with that of legal positivism. The idea of legal positivism is used to describe what the law actually is in reality rather than what it should or could be. The principle of legal posi tivism premises on the original idea that the higher principles which are seen in the natural law theory can not be proved in reality and by any of the law’s usual standards of proof. Thus, in failing to prove their existence in reality legal positivism looks to the existence of human law and how it actually works in the real world. Legal positivism removes the notions of morality from its plain structure and replaces it with different conceptual principles. The legal positivist structure is, therefore, based on the concepts of rules, created by an authority and sovereign figure and containing sanctions if these rules are broken. However the notion and principles of legal positivism uses the certainty created by the structure to create ‘real’ law. This is based upon the existence of the ideas of ‘rules, authority and sanctions’, this subsequently can be objectively identified and measured against itself, and gives the entire real legal structure vali dity. This can be compared and contrasted against the idea of feminism. According to the feminist jurisprudence, the law is created by man to control and restrict women. Clearly, this intervention can be seen to possibly be in accordance with legal positivism. The creation of a sovereign figure is premised upon the idea of a male individual. However, in this country the sovereign and head of state is the Queen. It can be admitted, however, that the line of the monarch is vested firmly in the male line of succession. In terms of the original legal positivist approach, Jeremy Bentham criticised the higher principles identified and created by the natural law theory and identified the ‘is/ought’ debate in order to separate the legal ‘is’ to the moral ‘ought’. Thus, the legal ‘is’, is what actually is, whereas the moral ‘ought’ is what morality should allow in the legal system. Jeremy Bentham stated further that questions o f morality and ethics should be decided by the censor whilst defining law was left to the expositor. Jeremey Bentham attempts, in a scientific way, to separate what the law actually is and how morality stands within the structure. However in doing so morality is not totally discard merely departed from. Thus, in following the line of reasoning from the feminist theory, the rules created by the sovereign figure are a male creation to prevent interaction from female intervention. The next principle in the theory of legal positivism is John Austin. According to Austin’s work ‘The Province of Jurisprudence Determined’, law originates from a sovereign figure that is placed at the very top of the legal structure. According to feminism this sovereign figure is a male creation and is masculine in nature. John Austin provided that ‘Positive laws, or laws strictly so called, are established directly or immediately by authors of three kinds: by monarchs, or soverei gn bodies, as supreme political superiors: by men in a state of subjection, as subordinate political superiors: by subjects, as private persons, in pursuance of legal rights. But every positive law, or every law strictly so called, is a direct or circuitous command of a monarch or sovereign member†¦..to a person or persons in a state of subjection to its author’. Thus, feminism provides that the sovereign figure that creates the rules and contains the necessary sanctions if the rules are broken, is a male in origin. In terms of further work, Herbert L. A Hart’s work ‘The Concept of Law’, criticised aspects of John Austin’s work, namely the idea of a sovereign body being an individual person, the idea that law is a series of commands and the emphasis on the internal and external concepts. Thus, Hart would argue that as the sovereign figure is not an individual identifiable person, how can it be male in nature and origin? This goes to the hear t of the feminist theory, as it provides that laws are create by men to control and restrict female actions. In Herbert L. A Hart’s theory of what the law actually constitutes, two distinctive types of rules existed. These rules can be defined as the primary rules or the secondary rules. The primary rules are designed to either limit or expand liberty, whereas and the secondary rules are designed to explain the existence of the primary rules. These secondary rules can be divided up between three different types of the existing rules. Firstly, the rule that creates a power to legislate; secondly, the rule that creates the power to create adjudication; and finally a rule of recognition, which is not a power based rule. This can be contrasted against the ideas of feminism. This principle created the idea that law was only enacted to prevent women from expressing real desires in to how the law actually works. A fundamental building block of feminism is that women are treated as s econdary to the aspirations of man. In terms of the modern legal positivist thought, Hans Kelsen subscribed to the view that the law could be seen to be effective by the application of ‘norms’. In Hans Kelsen’s theory, ‘The Pure Theory of Law’, he stated that ‘all norms whose validity can be traced back to one and the same basic norm constitute a system of norms, a normative order. The basic norm is the common source for the validity of all norms that belong to the same order- it is their reason of validity’. Thus, Hans Kelsen’s theory is based upon a hierarchy of components called ‘norms’. These start at the bottom of the structure as specific and smaller norms and increase in their relevance to become larger once the hierarchy is moved up. This again can be contrasted against the theory of feminism. These theory again shows the fact that these norms are based on the creation of a male originated society. In follo wing this theory, feminism would argue that the norms cited by Hans Kelsen are created by the male faction of society and are designed to prevent women from asserting their rights and roles in accordance with the attitudes of society. Thus, Hans Kelsen believed that the bottom and smaller norms exist only because of the larger norms in the structure. Subsequently, the larger norms exist only because of the ‘grundnorm’. This, according to Hans Kelsen, is the norm that occupies the apex of his structure. In following the guidance from feminism, the idea of the ‘grundnorm’ is a based upon the male requirement to prevent women from asserting their role and rights within the male governed society. However, legal positivism, and in particularly Hart’s beliefs, was criticised by Ronald Dworkin. Ronald Dworkin insisted that the law is a function of based upon social conventions and a hybrid system of rules and ‘non-rule standards’. Ronald Dwo rkin defined this requirement as being the ability of the courts to change the law when they are presented with a ‘hard case’ to rule upon. In doing so, the judge uses both political and moral principles to interpret and apply the law and how the law should be used in society. Therefore, in following the principles of feminism the usage of political and moral intervention is a male creation designed to stop and interrupt the role of women in social functions. In conclusion, feminist jurisprudence is a classic theory that interposes the ideas of a male domination against the female part of society. The idea of sex therefore is the prerequisite of the theory. It is a fair assessment to assert that the core of feminist thought is that law is designed and created by men to rule women. The classic thoughts in the theory of jurisprudence are that of natural law and legal positivism. These interpose the idea and principles of a divine being creating the existence of human l aw, and the notion of a sovereign figure passing law that contains sanctions if the law is broken. This can be contrasted against the ideas of feminism, as this theory is based purely upon the idea that man creates law to control and restrict woman. The rights and wrongs of this theory can therefore be evidenced. Bibliography Don’t waste time! Our writers will create an original "Feminist Jurisprudence" essay for you Create order Lloyd’s Introduction to Jurisprudence, 7th Edition, Third Impression, by M. D. A Freeman, published by Thomson, Sweet and Maxwell Ltd in 2004. Jurisprudence: Theory and Context, 3rd Edition, by Brian Bix, published by Thomson, Sweet and Maxwell Ltd in 2003. Swot Jurisprudence, 5th Edition, by Raymond Wacks, published by Blackstone Press Ltd in 1999. Basic Concepts of Legal Thought, 1st Edition, by George P. Fletcher, published by Oxford University Press in 1996. The Concept of Law, 2nd Edition, by H. L. A Hart, published by Clarendon Law Series, Oxford University Press in 1994. Blackwell Companions to Philosophy, A Companion to Philosophy of Law and Legal Theory, 1st Edition, Edited by Dennis Patterson, published by Blackwell Publishers in 1996, reprinted in 2000. H. L. A Hart, Law, Liberty, and Morality, 1st Edition, Twelfth Impression, by H. L. A Hart, published by Oxford University Press in 1963. Bentham and the Common Law Tradition, 1st Edition, by Gerald J. Postema, published by Clarendon Law Series, Oxford University Press in 1986. The Morality of Law, 2nd Edition (revised), by Lon L. Fuller, published by Yale University Press in 1964.

The Mythical Man Month By Frederick P. Brooks Jr. Essay

Introduction This paper will be used to present one of the project problems mentioned in the text of the book â€Å"The Mythical Man Month† by Frederick P. Brooks Jr. In addition, I will present my answers to the questions about the intangibility of the software and the increasing cost connected with higher reliability requirements. The last part presents my views which dependability attributes could be most crucial in four real life systems. Body Question 1: Using The Mythical Man Month reading found on the course homepage, read the project problems mentioned in the text. List the difficulties and errors that occurred in these failed programming projects. One of the project problems mentioned by Brooks Jr. in Chapter 12 of his book â€Å"The Mythical Man Month† is the problem with program maintenance. According to him fixing a bug has around 20 to 50% chances of introducing another one. As explanation he shows two reasons: first one is that in most of the projects the structure of documentation in not clear, precise and does not describe all dependencies that exist in the system and second is that the programmer who is repairing the system is typically not the same as the one who composed the code at development (Brooks Jr., 1995). So in order one project not to fail there should be more system testing per statement written then in the other cases. Brooks suggest that after fixing each bug an entire bank of previous test cases should be run against the system (Brooks Jr., 1995). ButShow MoreRelatedProject Mgmt296381 Words   |  1186 Pagescustomers outside the United States. This book is printed on acid-free paper. 1 2 3 4 5 6 7 8 9 0 WVR/WVR 0 9 8 7 ISBN 978-0-07-340334-2 MHID 0-07-340334-2 Editorial director: Stewart Mattson Publisher: Tim Vertovec Executive editor: Richard T. Hercher, Jr. Developmental editor: Gail Korosa Associate marketing manager: Jaime Halterman Project manager: Harvey Yep Production supervisor: Carol Bielski Designer: Mary Kazak Vander Photo researcher: Jeremy Cheshareck Media project manager: Cathy Tepper Cover

Operations Management Vodafone Telecommunication Company

Question: Discuss about theOperations Management for Vodafone Telecommunication Company. Answer: Introduction The concepts of operational management help in revealing the management processes of internal work processes concerning the production of goods along with the distribution of the services. Vodafone Telecommunication Corporation is one of the leading telecommunication companies throughout the different countries of the world (Vodafone.com, 2016). The company is engaged in providing a high quality of services to all its customers and the primary aim of the firm is to provide unmatched services to all its customers. This research paper will explain the distinction between the services and the goods along with the concepts of the operations management (Armstrong, 2014). There are five of the crucial performance objectives which need to be identified in order to enhance the performance standard of an organization. The four Vs of operation management helps in providing the desired competitive avenge to the concerned organization and therefore its evaluation becomes very significant. Thus, the role of the performance objectives is of great importance as it provides he desired way for enhancing the performance of the team. The inventory management process along with the quality of the goods and the services offered to the customers. Operations Management The operation management mainly refers to the supervision of the business processes as to develop the highest level of the efficiency and effectiveness possible within a particular firm (Baker and Filbeck, 2013). It is basically the desired activities that are required to carry out the entire business process of the firm. There exists a crucial difference between the goods along with the services and in order to enhance the management of the entire operations there needs to be an improvement in the services delivered to the concerned customers. Vodafone is one of the leading telecommunication companies which are offering good quality of products along with the efficient services (Ballester-Bolinches, Esteban-Romero and Asaad, 2010). The company is engaged in offering various types of products such as messaging facilities, internet facilities and calling facilities throughout different countries of the world but the most important are to assist the customers with the better quality of services as to enhance their reliability. Explanation among the Distinction of Services and the Goods There exists a crucial difference between the services offered to the Selling is being distinct from the products as for the goods and this helps in evaluation of the sales revenue based on the number of goods available (Corvo and Symons, 2011). These were some of the detailed about customers and the products offered to them. It becomes very crucial to understand the details of what are the services and what are goods which can be offered to the customers of the firm concerned. The goods are those physical products which can be resold to the customers by various means (Kemme, 2013). The goods can be inventoried and there are certain aspects having to measure the quality of the concerned goods. Now the distinction of the services can be made from the goods. The services reveal the offering of the products to the concerned customers in the desired way. Moreover, the reselling of the services is unusual and it needs to be enhanced as per the satisfaction of the customers. The services a re difficult to the inventory and the qualities of the services provided to all of the customers are very difficult in measurement (Kendrick, 2010). Moreover, it needs to recognize that the selling is not the crucial part of the services delivered to all of the customers concerned. Furthermore, there are certainly important factors which should be critically recognized as they influence the selling of the products and offering of the services to the targeted customers. One of the vital factors is the implementation of the effective communication strategy as this increases the reliability and satisfaction of the customers to a great extent. In a case of the products the quality of the goods offered can be easily measured and it needs to be measured as it increases the number of the customers for the concerned firm (Lee, 2010). Vodafone Corporation critically reflects that the services help in retaining good relations with the customers. Moreover, a quality team works along with the c ustomer care executives to monitor that the customers are assisted as per their reliability and satisfaction (Mallory-Hill, Preiser, and Watson, 2012). The quality of the services offered to the customers cannot be measured but it can be improved in order to establish good relations with the customers as this helps in increasing the customer base for the organization concerned. Therefore, the fact clarifies that in order to become the leader in the market segments most crucial is to understand the desired aspects of services and the goods and to assist the customers with the greatest quality. Introduction to the Operation Management The concepts and the theories of operational management are supposed to e of immense importance as they help in the evaluation of the business methods of the concerned organization. The expression "operations management" signifies the organization as well as the culmination of key business activities that effect in achieving directorial goals along with objectives (Phillips and Phillips, 2010). Operation supervision focuses on aligning operation with the corporation objectives, serving the industry go wherever it desires to go. However this might appear too overarching to consist of commonplace daily responsibilities, there is numerous example of how superior operation supervision can develop the competence of an industry operation (Schmidle, 2011). Most of the well-known researchers evaluated the information that these vital theories and the concepts of operation management should be critically understood in order to bring out the probable possible outcomes for the particular organi zation (Thomack, 2012). Two of the most significant aspects of the evaluation of the operations management are the inventory control along with the quality control. These two elements help in improving the desired standards of the products as well as the services been offered to the customers concerned. 4 Vs of Operation Management The four Vs of the operation management are volume, variety, variation and the visibility and these plays the major role in the development of the work processes of the concerned firm. Vodafone Corporation eventually understands the role of these elements in the development of the products and services. The volume refers to the quality of the products or the number of services been offered to the respective customers (Van Hecke, 2010). Next is the variety which refers to the differentiation of the types of the products and the services by which the customers are assisted. This variety of the services along with the products helps in increasing the satisfaction level of the customers that they do not have to visit different companies for their needs, all of the products and the services can be availed at a single company (Wong and Ma, 2013). Vodafone Corporation understands the desired needs and the demands of the different categories of the customers and thus, they offer the wide var iety of the services as well as the products as to retain the required attention of the customers within the business and finally increase the overall profitability and the productivity of the firm. Next is the variation in the required products and the service label, such as the demand of the customers which changes time to time. The variation in the services and the products offered to the consumers helps in providing required elevation in the growth and expansion of the firm within the targeted market areas. Visibility reflects the percentage of the internal working processes which are eventually exposed to the customers concerned. There are certain implications of these four Vs concerned and these implications generate crucial impact on the development of the business process of the concerned firm. Competitive Objectives of Operation Management The five competitive objectives of the performance management are speed, quality, dependability, cost, and flexibility. These helps to improve the overall performance of the entire firm by enhancing the quality of the services along with the products been offered to the customers. The Vodafone Corporation has developed a team of professionals to monitor the performance objectives of the organization. Quality Quality has been the most crucial aspects of the selling of the product and the services within the targeted market areas. Vodafone corporation works more efficiently in improving its network connectivity services as to enhance the reliability and satisfaction of the customers from the services they are been assisted with. The increase in the best quality of the services and the products differentiate the products of the concerned organization from that of the competitors within the market segments. Speed Speed objectives describe to the charge at which a corporation can create sale quotes as well as how fast and frequently a corporation can bring its goods (Zhang and Zhang, 2011). In addition, rate refers to such issue as the time requisite to produce one or additional goods and the instance the corporation need to investigate and expand a latest product. Dependability Referring to corporation operations as reliable if the business produces and deliver goods to its clients on time as well as according to decided to expenses with prices. A corporation also measures the required dependability with the help of goods capability to a utility as intended and as expected as well as to perform constantly over a sensible quantity of time. Flexibility Flexibility is one of the most significant factors which describes that the services offered should have the flexibility as it improves the overall presentation of the corporation. Flexibility requires that a corporation can create products of dissimilar levels of quality as well as with different plan modifications. Cost The prices of the products as well as the services from different companies increase the toughest competition within the targeted market segments. Vodafone corporation works on the pricing strategy by adapted as per the desired of the clients. Evaluation of the Performance Objectives in Enhancing the Companys Competitive Advantage The competitive performance objectives provide an elevation to the business methods of the corporation. The five of the performance objectives s mentioned above provides the competitive edge to the firm as it reflects the issues and the improvements needed in each of the crucial section of the development process of the products and the services offered by the organization. Two of the most effective objectives are the quality and the development of the pricing strategies as the customers look forward that which company is providing the best services at affordable prices but the development of the brand image of the firm crease the profitability of the concerned organization (Zhang and Zhang, 2011). The evaluation of the performance objectives for Vodafone increases it selling of products and services within targeted market segments. The differentiation in the variety of the products available and the cost of the products or the services increases the sale revenue and efficiency of th e entire firm. The corporation then configures its working surroundings to inclusive one or additional of five the prepared presentation objectives: dependability, flexibility, quality, speed, or costs. Conclusion This research paper helps in bringing out the distinction between services and the products that are been offered to all of the clients concerned. Vodafone Corporation finally understands the role of these fundamentals in the expansion of the products and services. The five competitive objectives of the performance management are speed, quality, dependability, cost, and flexibility. , a quality team works along with the customer care executives to monitor that the customers are assisted as per their reliability and satisfaction. One of the imperative factors is the accomplishment of the effective communication approach as this increases the consistency and fulfillment of the customers to a great extent. 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