The approach of English law towards duty of care has been Case Study

The approach of English law towards duty of care has been inconsistent, illogical and unfair on the claimant - Case Study Example The author is of the belief that it is when one looks at the cases involving gender orientation discrimination that one sees best how English law is inconsistent, illogical and unfair on the claimant. The cases examined will demonstrate not only legal contortionism at play, but language contortionism as well. After all, as stated by Andrew Altman in the article Legal Realism, Critical Studies and Dworkin, (1986) the law is infused with irresolvably opposed principles and ideals, and this legal indeterminacy, as it is called, compels the judge to make a choice that is not dictated by law. Once-sacrosanct legal precepts are being dismantled, stare decisis as a doctrine is being reexamined, and the infallibility of the courts as repository of truth and justice is being questioned. The law is no longer a fabric of clearly-defined spectrums, but is rather a patchwork quilt of various shades of gray. Taking this view is important in that it stimulates self-interrogation. It does away with the all-too-convenient givens of a legal system - that there is but one set of "correct" rules and that legal decisions are but logical outcomes of tested principles that are empirically-replicable. It aspires to expose the ideological content of the law obscured by layers upon layers of social conditioning by demonstrating how the large areas of legal indeterminacy provide fertile ground for the cooptation of the legal system to reinforce existing power arrangements. This brings us to our discussion on tort cases involving gender discrimination. Conaghan (1996) states: From a social perspective, feminists have argued that women suffer particular harms and injuries as women: their experience of pain and injury is indistinguishable, to a large extent, from the experience of men. This claim has at least two dimensions. On the one hand, pregnancy and childbirth, menstrual and/or ovulation pains are obvious examples of gender specific "harms". Men do not/cannot experience these traumas directly. On the other hand, the concept of gendered harm can also embrace those harms, which, although not exclusive to women in any biological sense, are risks which women are more likely to incur than men - the risk or rape, incest, sexual harassment, spousal abuse, or, more contentiously, the risk of harmful medical intervention. By and large, there is no dearth of legislation prohibiting discriminatory practices against women. However, in practice, jurisprudence has made it difficult for women to raise tort-related claims. Certainly, there are cases that are cut-and-dried; for instance, when it is patently obvious that there is discrimination on the basis of gender. However, in this day and age, it is less likely to find a case wherein the discrimination is so obvious that it unquestionably amounts to an illegal act. One would be hard put to find an employer who would dare violate the stringent regulations against workplace-related discrimination, instance. There is a greater likelihood that the discrimination would be insidious, perhaps having to do with a careless statement loosely made that betrays the

MGT 302 MOD 1 CA Essay Example | Topics and Well Written Essays - 750 words

MGT 302 MOD 1 CA - Essay Example The intensity of the behavior and the persistency of the individuals also play a major role in the overall study. There are number of factors that influence the needs of a person and that impact the satisfaction levels thereby impacting the behavior of the individual (Brooks). The drive to satisfy one's needs is what arouses or energizes behavior. Habits, in turn, provide a direction for behavior. Habits are stimulus response bonds that are built up over time as a result of prior learning. There are two main components that explain behavior, one, is the motivation component and second is the learning component. Motivation component deals with the drive those energies the behavior while learning component is the habit that provides direction or indicates what particular behavior will be initiated (Mullins). The drive theory is one of the many theories that impact the level of motivation of the employees in the training sessions and this helps realize the factors that act as satisfiers and dissatisfies for the employees. The impact of drives as an organizing construct therefore waned. Furthermore, it became accepted that organisms are always active and the field of motivation shifted from the study of what turns organisms "on" and "off" to an interest in the direction of behavior, including choice and persistence.   The cognition and interest in this led to the development of the expectancy – value theory which involves some of the most common sense aspects that lead to motivated behavior. It is also important to note that the behavioral choices also determine to a great extent provides a clear image of what the goal is of the person and the focus and dedication that the person has to achieve the same (Tracey). Hence all these factors impact the level of motivation of employees in an organizational training. Recommendations The main need for motivated and well focused employees is for the survival of the company. A workplace tends to be very effective if the employees are motivated as these employees tend to be more productive and effective. It is crucial that the manager is able to identify what motivates the employees and what does not in order to keep a clear context of the performance. Of all the functions a manager performs, motivating employees is arguably the most complex. This is due, in part, to the fact that what motivates employee's changes constantly (JD and Mazin). For example, research suggests that as employees' income increases, money becomes less of a motivator. Also, as employees get older, interesting work becomes more of a motivator.   The main aim of the training program is to ensure that the employees have a better idea of working within diverse workforces and how to deal with the various cultures within the workforce (Tracey). Here it is clear that the company has taken all attempts to ensure that the environment and style of imparting the training is different and is also interesting. However, if the level s of motivation are still low this is a major issue. The mission of is to facilitate individual and organization awareness and provide assistance in preparing and accessing the diversity program. Cognitive theorists do not assume that beliefs are based entirely on previous experiences with contingencies (e.g., reward and punishment) to one's own behavior (JD and Mazin). A few of the possible solutions