Tuesday, December 24, 2019
Parenting Styles Parental Child Rearing - 1262 Words
Parenting styles play an integral role in the development of a child. During the first few years of life, the parents assume a special role of importance as their child progresses through a unique period of human development. As parents guide their young children from complete dependence into the beginning stages of self autonomy, parenting styles can have both immediate and lasting effects of the child s social functioning in addition to their mental and physical development. In order to ensure the child reaches their developmental milestones, the parent needs to find the balance between disciplinary and nurturing methods while maintaining a stable, and safe home environment. This essay will compare and contrast the problematic aspects of parental child rearing in addition to the social challenges faced within authoritarian, neglectful and permissive parenting to the ideal and widely practiced, authoritative parenting style. This essay will focus on the problematic aspects of pa rental child rearing in addition to the social challenges, such as academic, self-esteem and juvenile, that may result from them. Drawing upon the symbolic interactionism sociological paradigm, this essay will accomplish this by first examining the unique challenges within each of the three main parenting styles: authoritarian, neglectful, and permissive and will draw reference on past research. Next, this paper will compare and contrast these parenting styles to authoritative parenting,Show MoreRelatedInvestigating The Relationship Between Parents On How They Deal With Child Rearing852 Words à |à 4 Pagesinvestigate relationship between parents on how they deal with child-rearing as a couple wanting their child to become a well-rounded little person. Parentsââ¬â¢ positive and negativism of excessive high standards tend to be negatively linked with indulgent parenting child rearing practices. Ã¢â¬Æ' Child Rearing in Infancy This research essay will focus on some of the thoughts and obstacles a parent might face in child rearing in infancy Parenting styles plays a pivotal role in the development, psychological andRead MoreConsequences to Authoritarian Parenting 868 Words à |à 4 Pagesoffers the prospect to influence the child regularly. Parenting styles figures in as a prime part of a childââ¬â¢s mental health and behaviour. Parenting refers to the parentââ¬â¢s actions and reactions to their child, including expectations, beliefs and values. Diana Baumrind (1971, 1991), psychologist, based parenting on two aspects including control and warmth. Baumrind used the combination of these aspects in different ways to identify the four styles of parenting used today, consisted of, authoritativeRead More Parenting Styles Essay1397 Words à |à 6 PagesParenting Styles Parenting styles are as diverse as parents themselves. Parenting is one of the most challenging and difficult responsibilities a person can face. The way a family is structured is called the parenting style. Parenting styles are collections of parental attitudes, practices, and non-verbal expressions that characterize the nature of parent-child relationships. Because individuals learn how to parent from many different examples including their own parents, role models, societyRead MorePosition Paper- Child Abuse and Discipline1181 Words à |à 5 PagesPARENTAL DISCIPLINE AND ABUSE Parental discipline and child abuse are among the most controversial topics currently, and they cause serious problems for children in the United States. Child abuse essentially focuses on the childââ¬â¢s bad behaviors and gives the child emotional and physical harms. Forms of abuse include spanking, hitting, saying negative things and corporal punishment. In fact, parental discipline is a much more appropriate way of dealing with negative behavior than using abusiveRead MoreChildhood Anxiety Disorders : Is The Role Of Fathers Been Underestimated?870 Words à |à 4 PagesGoedhart, et.al, Parenting and Parental Anxiety and Depression as Predictors of Treatment Outcome for Childhood Anxiety Disorders: Has the Role of Fathers Been Underestimated? Gives a hypothesis from previous researches that had been done that childhood anxiety disorders led to adult anxiety disorders and that many children arenââ¬â¢t responding to Cognitive Behavioral Therapy, (CBT). Based off of previ ous research it has been suggested that there is a link between parenting styles and anxiety in childrenRead MoreDifferent Types Of Parenting Styles880 Words à |à 4 Pagesobserve our everyday life we will notice that we see many different types of parenting styles. Many parents create their own parenting style based on important factors like culture, education, and religion. Generally there are two main types of parenting style proposed. These two styles seem alike but are very much different from each other. Strict parent and the not so strict parent. The two approaches towards parenting differ from each other and this is why. There are some parents who are strictRead MoreDifferent Types Of Parenting Styles1495 Words à |à 6 PagesParenting styles have been described by Diana Baumrind into four categories, authoritative, authoritarian, neglectful, and indulgent parenting (Santrok 461). Parenting styles can be defined as patterns of attitudes in how parents choose to express and communicate with their children. This paper will examine the different type of parenting styles as it relates to ethnicity and various cultures. What exactly is ethnicity and culture? The Oxford Dictionary defines ethnicity as ââ¬Å"the fact or state ofRead MoreThe Effects Of Parenting Styles And Its Effects On Preschoolers Growth1083 Words à |à 5 Pagesto further understand the relationship between parenting styles and its effects on preschoolersââ¬â¢ growth, more specifically, their personalities and social development. The topics that will be discussed in the research paper are the effects of childrenââ¬â¢s tempe rament on parenting styles, specifically authoritarian and authoritative parenting styles, the personalities displayed by children and its correlation to each style, and the effects of child-rearing practices on preschoolersââ¬â¢ social developmentRead MoreChild Rearing Styles Are Different As The Parents Are1515 Words à |à 7 Pages Nashika Turner 2/26/2015 DEP2004 Professor Hernandez Child rearing styles are as different as the parents are. Child rearing is a standout amongst the most difficult and troublesome obligations an individual can confront. The way a family is organized is known as the child rearing style. Child rearing styles are accumulations of parental state of mind, practices, and non-verbal interpretations that portray the way of guardian kid connections. Since people figure out how to parent from a wideRead MoreChild Rearing Controversy973 Words à |à 4 Pagesthere are those that read books about parenting. Parents come in various and diverse forms, each approaching parenting in ways as distinct as their personalities. Philosophies on child rearing can be grouped into two styles; authoritarian, authoritative parenting. These two styles are similar sounding, but have nuanced differences. Authoritarian parents hold their children to an exceedingly high level of status and success. In this style of parenting, children are expected to follow the strict
Monday, December 16, 2019
Issues of Foreign Workers Policy in Malaysia Manufacturing Industry Free Essays
Introduction On March 7, 2011 The Star, we know that our Malaysia government had decided to recruit more foreign workers from India which around 45,000 people from India. This is to meet the demand by around 13 sectors which currently in shortage of workforce. So, this resulted in many people and The Malaysian Trades Union Congress (MTUC) had strongly opposed the decisions made by government. We will write a custom essay sample on Issues of Foreign Workers Policy in Malaysia Manufacturing Industry or any similar topic only for you Order Now The Malaysian Trade Union Congress (MTUC) is said as the most representative workersââ¬â¢ organization in Malaysia. Three main objectives emphasized by MTUC: first is to promote the interest of its affiliate unions in order to improve the workersââ¬â¢ economic and social conditions. Second is to ensure the policies are developed and action been taken towards make sure that full employment and setting a minimum wage, a legal maximum working period per week which is 44 hours and served as a training centres for workers. Thirdly, build a Social Security measures that provide retirements benefits, as well as protection against sickness, unemployment, injury, and old age. Overall, MTUC was served to protecting the workers interest or fight for them. According to Nagiah Ramasamy (2008), our Malaysia trade union movement is facing many challenges, which are from neoliberal policies and the changing structures of employment. Due to the strict requirements of the Trade Union Act 1959, Malaysia union are normally small fragmented and regional. But, they still protest the decision of recruiting more foreign workers from India which might harm our local workers benefit. Some local workers are too picky on job selection and they donââ¬â¢t want to work unless there is high salary, benefit or bonus waiting for them. So, attitude towards the job is their main problem. So, the employers forced to retrenched the local workers and recruiting the foreign workers by outsourcing or others way. The objectives of this assignment are to figure out the problems facing by Trade Unions in Malaysia on migrant and domestic workers. Furthermore, we also know that the impacts of the foreign workers policy in manufacturing industry. In this assignment, we have a more understanding on foreign workers policy as well as the ways to overcome it in future trend. Literature Review According to A. Navamukundan (n. d. ), employers are cost-conscious and choose workers who are not only inexpensive but also have the necessary skills and comply with strict discipline and hard work. The preference will be for immigrant foreign workers, who will accept both lower wages and worse terms and conditions of employment, as their primary objective is to earn as much money as possible within a short span of time. Those are the reason why the population of immigrant foreign workers are increasing years by years. A study done by Philip S. Robertson Jr (n. d) stated that the Malaysian Government does not have a comprehensive legal and policy framework to regulate the recruitment, admission, placement, treatment, and repatriation of migrant workers. Oversight of migrant workers is divided among ministries, and even within ministries, between various departments. Therefore, foreign worker can easily migrate to our country to find a job which offers them the salary that is higher than their own countries. This has become a threat to the local workers. Nagiah Ramasamy (n. d) proposed that the challenge for union leaders is to build a union movement that can respond effectively to the threats and opportunities that it faces with the growing influence of MNCs and the growing numbers of bilateral trade agreements. Trade unions can help in improving occupational health and safety, decent work and social dialogue with government and employers. It is so obvious that trade union play an important role in fighting for local workerââ¬â¢s right. A study presented by U. S. Department of Labor stated the Government of Malaysia revised its policy on foreign workers so that priority would be given to Malaysians seeking employment due to the world economic slowdown and increased unemployment in 2001. The Government has limited documented workers to a three year stay and is cracking down on unregistered foreign workers, with new amendments to the Immigration Act calling for harsh penalties. According to Kgaogelo Elizabeth Mokoka (2007), most South African nurses immigrate to destinations such as UK, Saudi Arabia, New Zealand, Australia and the USA (Xaba amp; Phillips 2001). In a study commissioned by the World Health Organisation (WHO), Buchan et al (2003) identified two groups of countries in terms of nurse emigration and mobility. ââ¬Å"Destination countriesâ⬠are those to which nurse are drawn, while ââ¬Å"source countriesâ⬠are those that nurse are drawn from. Destination countries include five countries, namely Australia, Ireland, Norway, the UK and the USA. According to Mr. Ajit Singh Jessy from the Penang Human Resources committee, salary remains as one of, or the most, important factor in the retention of workers. As such, the complaints of local workers regarding wage levels are not baseless, especially when it comes to menial forms of labour. What may be baseless is the argument that locals shun these jobs which then have to be farmed out to foreign labourers. According to Cecilia Kok (2011), for South and Southeast Asian economies, especially those that are lagging behind Malaysia, many migrant workers perceive a land flowing with milk and honey. Official data show that Malaysia attracts a huge number of migrant workers into the country. According to official record, the number quadrupled from less than 500,000 in 1999 to more than two million, representing about 17% of the countryââ¬â¢s workforce in 2008. Vijayakumari Kanapathy (2006) proposed that foreign workers in large numbers were seen as a security threat as the rising crime rate and incidence of highly contagious diseases were associated with them. Such popular perception was compounded by the belief among policy makers that heavy reliance on low-skilled foreign labour will trap the economy in low-wage low-skill equilibrium and slow down the much-warranted economic transformation into high-skilled activities. According to the International Organization for Migration (n. d. ), there are approximately 2,109,954 migrant workers currently working in Malaysia, 50 per cent are Indonesian labour migrants, indicating the scale of Indonesian labour migration to Malaysia. The majority of labour migrants arriving in Malaysia originate from other South and Southeast Asian countries, mainly attracted by the higher salaries that are covered in Malaysia compared with their countries of origin. A study done by FEDERATION OF MALAYSIAN MANUFACTURERS (2010) stated that Manufacturing companies are currently reporting an increase in orders. However, many are facing difficulties accepting and fulfilling orders due to a shortage of workers. Some have to turn away orders while others are penalised for late delivery. There are also companies recording losses because they have not been able to fulfill orders. Development of the Issues Important of Manufacturing Industry and Contribution to GDP The Gross Domestic Product (GDP) of Malaysia is depends on its agricultural ector, manufacturing industries and the service sectors. Purchasing power parity (PPP) is a theory which states that exchange rates between currencies are in equilibrium when their purchasing power is the same in each of the two countries. This means that the exchange rate between two countries should equal the ratio of the two countriesââ¬â¢ price level of a fixed basket of goods and services. In 2008, the agricultu ral sector had contributed 9. 7 % towards the countryââ¬â¢s GDP. The contributions of the manufacturing industries were estimated as 44. % and that of service sector was 45. 7 % towards the countryââ¬â¢s GDP. As per the GDP- PPP, Malaysia is ranked 29th in the world. A GDP growth rate of 20 % was noticed towards the end of 20th century. The Gross Domestic Product nominal of Malaysia in 2009 was estimated as US$ 207,400 billion in 2009 and that of GDP-PPP was estimated as $ 3. 9 billion. The GDP nominal per capita in 2009 was estimated at US $8,100. Analysis of challenges facing by Trade Union in Malaysia Number of foreign workers is growing-1. 6 million in 2005 to 1. million in 2010 (figure 1). According to Philip S. Robertson Jr. , Malaysians have a bad altitude of not willing to perform jobs that they consider as 3-D (dirty, difficult and dangerous), creating demand for foreign workers in sectors like plantations/agriculture, construction, manufacturing, and some service occ upations. The Malaysian Trades Union Congress said today it opposes strongly the proposed mass recruitment of 45,000 foreign workers because it would edge out locals from the labour market. According to MTUC vice-president A. Balasubramaniam, a profound effect on the wages of Malaysians could be caused by such a big influx of foreigners and the governmentââ¬â¢s high-income policy for them would be jeopardized too. Moreover, locals are being deprived or discriminated if they are competing with foreign worker for the opportunity of being chosen to work overtime according to Ministry of Human Resources Malaysia. A study done by Syarisa Yanti Abubakar, from the short-term point of view of employers, migrant labour will only be hired only if doing so is more cost effective compared to other existing alternatives. Thatââ¬â¢s why locals are left behind because their cost of hiring is far higher than that of foreign worker. Besides that, according to Ministry of Human Resources Malaysia, more and more local workers are retrenched and replaced with foreign workers. This is resulted by the actions taken by many manufacturing companies of outsourcing foreign workers through some agencies. Furthermore, altitude is another reason which cause the retrenchment of local workers such as thinking too highly on themselves, not willing to do those ââ¬Ënon-air conditionedââ¬â¢ job and so on. STATISTICS OF FOREIGN WORKER IN MALAYSIA Statistics PLKS by Citizenship and Sector, Feb 2010 (Source: Immigration Department) STATISTICS OF FOREIGN WORKER IN MALAYSIA Statistics PLKS by Citizenship and Sector, Feb 2010 (Source: Immigration Department) Figure 1 Implementation Various foreign worker policies are implemented by the to control the influx of illegal foreign workers. According to economic report 2004/2005, these include the Foreign Worker Rationalisation Programme to legalise illegal workers, amendments to the Immigration Act, 1977 and imposition of an annual levy. In addition, several Memorandum of Understanding (MOUs) were signed with labour exporting countries to authorise legal recruitment of foreign workers. All of these had resulted the employerââ¬â¢s preference more towards foreign workers but not the locals and this preference has come along with three obvious activities according to a study done by the Ministry of Human Resources Malaysia. The first is the number of the application on recruiting foreign workers is significantly increasing as we can know from a statistic that there are average 20,000 foreign workers approved every month in Malaysia. Secondly, most of the employers are not taking serious altitude in recruiting locals. Those applications from the employer mostly from manufacturing industry are bypassed while going through the ELX system to ensure the objective of recruiting foreign workers can be achieved. Lastly, large portion of foreign workers in Malaysia are employed through the outsourcing companies to escape the quota limit. If the employer directly hires foreign workers from source countries, they will be facing the quota limitation and therefore they hire the foreign workers through a third arty. Advantages According to Daniel Lee and Richard Ho (2011 Nov), many employers complain that their business activities will come to a dead stop if they forbid them to use foreign workers because the jobs in those sectors are perceived to be dirty, difficult and demeaning to the average Malaysian. Therefore, they have to utilize foreign workers and sing praises of hiring such workers, supposedly of a labor category t hat is easy to utilize, simple to manage and that does not make demands for wages increases. Some local employers have voiced out in support for the hiring of foreign workers that many among them have threatened to blot out and relocate if their demands for ââ¬Å"low-costâ⬠foreign workers are unmet. As such, foreign workers fill up the empty space as they are not opposed to working in dirtier, more dicey conditions and longer hours for equal or lesser pay thereby keeping labor costs relatively low and helping to keep Malaysia competitive against other low-cost producing countries. They also serve as a buffer during times of recession as they help sustain. Disadvantages According to Ken CK (2002), the economic profit that gained from foreign workers has resulted in social costs and social problems, for example rising crimes, fraud, social deviance, health care costs and the transmission of communicable diseases including HIV/AIDS. This is because their unsafe sexual behavior through commercial sex, and casual homosexual and heterosexual activities. Furthermore, according to Syarisa Yanti Abubakar (2002), migrant labours will only be hired only if doing so is more cost effective compared to other existing alternatives. This will cause the locals are being deprived or discriminated if they are competing with foreign worker for the opportunity of being chosen to work overtime according to Ministry of Human Resources Malaysia. According to Ministry of Human Resources Malaysia, nowadays local workers are retrenched and replaced with foreign workers and this will resulted by the actions taken by many manufacturing companies of outsourcing foreign workers through some agencies. Altitude is also another reason which causes the retrenchment of local workers because they think too highly on themselves and not willing to do those 3D jobs (dirty, difficult and dangerous). Effects of Foreign Worker Migration to Manufacturing Industry According to Ministry of Human Resources Malaysia, there must be no discrimination in treatment by employer on local and foreign workers in respect of wages and terms and conditions of service. According to K George, the government has finally decided to extend equal treatment to foreign workers and also Human Resources Minister Dr. Fong Chan Onn announced that foreign workers employed in Malaysia would be treated equally in accordance with the provisions of the International Labour Organisation (ILO) convention which Its function is to safeguard the rights and dignity of the working people all over the world. Recommendation Foreign worker indeed have contributed to the growth of economy, but too dependent on this group of foreign workers to drive our economy cannot be carry out in long term as this may drag our country economy. To stop dependence of foreign worker in our country cannot be done away overnight as a sudden repatriation of them can have a serious impact on the economy. Therefore a careful planning and cooperation from employer and government is needed. One of the ways to ensure employers lower down the foreign worker and shift to employ locals are by quotas system. Quotas of foreign employee can hired in one company should be set by the government to stop them over relying to foreign worker and hire more local. Different quotas should be set differently according to the supply and demand because the supply for local labour in certain industry is low for example construction. Quotas should be raise for a certain period of time to minimize the impact to the industries. Government can reduce the amount of foreign worker by increasing levy on foreign worker to a high amount where there are no cost saving benefits in employing foreign worker to encourage the employer uses local worker. When the cost of hiring a foreign worker is higher compare to local worker, employer will choose to use local worker because they can save cost thus ill eventually increase the amount of skilled local worker in Malaysia which will increase the productivity and move Malaysia into a high income country. Both employer and government play a big role in order to reduce the country dependence on foreign worker. Employer who over depend on cheap foreign worker should try to shift use local to increase the productivity in long term while government should implement better regulation and enforce them to punish those employer which break the rules for using illegal immigrant in their firm and to prevent illegal immigrant to enter our country. Conclusion In conclusion, we had more understanding about foreign workers policy in Malaysia. Nevertheless, the foreign workers play an important role as one of the workforce in our country since decade years. They bring their skills from their country and practice them at here. But, it also brings some problem and cases to us which even make our government headache. So, law enforcement should be taken serious, as we should treat the arrest and detention of undocumented migrant workers as an administrative offence, and not a criminal matter. These undocumented workers will affect our daily life, as they would commit crime or practice illegal activities in our country which make our government hard to tackle on them since we donââ¬â¢t have their personal detail and document. So, enforcement on foreign works policy is vital. Besides that, instead we relying on foreign workforce, we know that it would be better for us to consider more on our domestic workers which can also have equivalent level of skills and performances. This also follows to our MTUC aim which suggested that giving priority to our local workers. Of course, our domestic workers also need to improve themselves, not matter on hard-skills or soft-skills; we should upgrade our own knowledge and skills to fight in economy and global competition. It should be making clear that the interactions between governments are extremely important. The trade union leader should try to come out an agreement with the government on foreign workers policy which will benefit foreign workers and our Malaysian at the same time. If does, it will be the win-win situation between two country. References A. Navamukundan. (n. d. ) Labour migration in Malaysia ââ¬âtrade union views. Daniel Lee and Richard Ho. (2011). Labour Shortage Issues Forum. Retrieved November 11, 2011, from www. seri. com. my: http://www. seri. com. my/v3/index. php? option=com_contentamp;view=articleamp;id=169:labour-shortage-issues-forumamp;catid=38:latestnewsamp;Itemid=54 Evelyn S. Devadason and Chan Wai Meng. (n. d. ). A Critical Appraisal of Policies and Laws Regulating Migrant Workers in Malaysia. Ken CK. (2002). Male foreign migrant workers and HIV/AIDS in Malaysia: risk environment, susceptability and implication for intervention. Retrieved November 3, 2011, from NLM Gateway: http://gateway. nlm. nih. gov/MeetingAbstracts/ma? f=102259889. html Nagiah Ramasamy. (n. d) The Future of the Trade Union Movement in Malaysia. Tenaganita. (n. d. ) Outsourcing in Labor or Trafficking in Migrant Labor? How to cite Issues of Foreign Workers Policy in Malaysia Manufacturing Industry, Papers
Sunday, December 8, 2019
Roads And Traffic Authority NSW V Dederer ââ¬Myassignmenthelp.Com
Question: Discuss About The Roads And Traffic Authority NSW V Dederer? Answer: Introducation The case of Roads and Traffic Authority of New South Wales v Dederer counters about a very sad incident that unfortunately commonly happens in our community. The decision pronounced in this case narrates the common laws fixed exit within the collective legal responsibility and accountability for disastrous mishaps and its definite foyer into the kingdom of individual accountability. The supporting available proved that the Roads and Traffic Authority of New South Wales (RTA) was already enlightened about the treacherous performance that many youngsters were involved into. Of which one was jumping from the bridge into the river. Fortunately for others and unfortunately for the plaintiff, since 39 years of the said practice there has not a single casualty until the said incident occurred. Thus the final call taken by the court in the case that the minor should be accountable for his own deeds and actions shows a detectable change in the attitude of the Common law with regards the individuals own responsibility and duty with regards the incidents which involved kids and adolescent individuals as well. To the concern of all, there has been a considerable change in the present days in the attitude and outlook of the High Court in errand of emphasizing private accountability and being more conventional and traditional towards the problem of responsibility with regards the perils which should definitely be to all the plaintiffs. However the cases that comprise of this change fail to look upon the age of the plaintiff in discussion. (OGrady, 2014). Facts Of The Case On the new year eve in the year 1998, Mr. Dederer who was a minor at that time jumped into the river from a bridge which connects the two cities of Forster and Tuncurry in NSW and during the said stunt, he met with an accident due to which he was declared as partial paraplegic. Due to the said accident, Dederer filed a case against the appellant ,the Roads and Traffic Authority NSW and further the Great Lakes Shire Council (Council) demanding for the damages it had to suffer due to negligence. The bridge comprised of a footpath which was covered from all sides by a 1.2m high wooden post and rail fencing done comprising of a flat wooden top railing, two horizontal wooden cross-members, horizontal wires and vertical posts. There was a sign board which said that diving was strictly disallowed at the two ends of the bridge and also mentioned the fact that fishing an climbing on the bridge was also disallowed. However, in the year 1995, these sign boards had been pulled off by the RTA who was accountable for the assembly and upholding of the bridge and the council was accountable for the daily administration of the bridge. However the fact that diving and fishing had been two of the most popular activities conducted by young people post construction of the bridge in the year 1959 cannot be denied. Mr Dederer was the first one to have suffered an injury post the construction of the bridge. At the trial held in the Supreme Court, the plaintiff had won against both the RTA as well as the council and the trial judge had lessened the damages suffered by the plaintiff by 25 percent on account of his contributory negligence as well. The Court of Appeal gave weightage to a request made by the council wherein it stated that it was not responsible towards the actions of Mr. Dederer since the wounds he had suffered were because of the materialisation of an understandable jeopardy of a hazardous leisure action within the meaning of s 5L of he Civil Liability Act 2002 (NSW). Further the request made by the RTA regarding the contributory negligence also was successful and the share of Dederers contributory negligence was enhanced to 50 percent. Issues Raised And Arguements Placed By The Plaintiff Mr. Dederer stated that he had listened for various boats that may be approaching beneath the bridge. Before jumping into the sea, he waited at the platform for about two to three minutes post which he dived into the water at an angle but straight. According to the plaintiff the angle chosen by him was similar to the one chosen by all the other divers he had noticed earlier. Per his memory, there was no bumping against the water bed or striking the water, but within a few seconds he was aware of the fact that his lower portion had become numb. The plaintiff here i.e. Mr Dederers claim that the RTA had contravened its responsibility of care and due diligence towards him by not putting up a warning notice about the hazards of the variable depth of the water beneath the bridge and also failed to put in a redesigned railing again along the side of the pedestrian walking on the bridge. As per the issued raised and the argument presented by the plaintiff, the bridge that was constructed and upheld, posed a hazard since the railings were horizontal instead of vertical with a flat top railing. Due to the same, people could easily climb up the railing and thereby getting an opportunity to try such tricks. On the other hand, there were sign boards installed at the two ends of the bridge which detailed the fact that climbing onto the railing was prohibited and diving is risky. The plaintiff had seen those signboards as well as confirmed. But as per Mr Dederer the issue here was that even though the signboards were put up, the information it gave was inadequate as it failed to mention the depth of the water beneath the bridge due to which it was difficult for the plaintiff to measure the danger. While presenting his arguments against RTA, various recommended arguments of carelessness which was mentioned at the start of the trial for Mr Dederer fell away. Nor had the plaintiff insisted an allege that the defendant i.e. RTA was not successful in confirming to the safety on the bridge by ensuring a police force or its own guards to be there for protection. Neither did he impress its own claim that a fencing of some sort or some other barrier should have been stiffed so as to ensure that the age old practice of people diving from the bridge could be stopped. Finally, Mr Dederers case stated that the RTA had chosen to undertake a method which was not too expensive, was equally less effective i.e. installing of a signboard and that too which could give a prominent message with regards the risk that the people are actually exposed to by such an act of them. Further to this, he also stated that apart from the uselessness of the signboard, RTA should have embarked on three initiative s. First and foremost, apart from the pictogram that was already present, the signboard should have been able to provide a more detailed facts which would give appropriate reasons regarding why the diving is a danger. The highlight of the same should have been the shifting sands beneath the bridge of which RTA was well acquainted of, due to which the entry into the water from the bridge was a hazard. Secondly, the flat level railing should have been replaced or improvised which basically acted as a diving platform. The same should have been changed for a triangular surface which surely would have downcast the usage of the railing for diving purposes. Last but not the least, RTA should have made all efforts to uproot that part of the bridge which was used most for entering the water i.e. the horizontal fencing nearby the light pole which was mostly used. They should have tried to copy the standard Australian swimming pool fencing by replacing the same with vertical railings. The same had been bought to the eyes of the RTA many a times before occurrence of the said event. Post the commencement of the court hearings and trials, only against the RTA, Mr Dederer afterwards realised that the council was also to be held responsible as it was the roads authority which indicated that the council also had some responsibility towards the same. Issues Raised And Arguements Placed By The Defendants With regards the defendants side of the argument, even though the subsistence of the duty of care owed by the RTA to the plaintiff was not in disagreement, however two points must compulsorily be narrated about the nature and extent of the liability. Firstly the duty of care is not owed in abstract, in fact these are liabilities covering a particular area which can be expansive or not basis the linkages in the question. Secondly, irrespective of the scope, the duty of care is to be performed by implementing reasonable care. They do not compel a more rigorous or arduous encumber. Further a road authority such as RTA does not hold any liability to perform actions carefully in the abstract. However, even then it is his liability to guarantee that a road be secure in all perspectives. The defendant, RTAs duty of care was for all those who used the bridge, and even if they did not take ordinary security of their own self, it did not cease the RTA to guarantee Mr Dederer a duty of care simply due to his own intended and visibly unsafe behaviour in diving from the bridge. Judgement Of The Court The final judgement of the said case was in the favour of the plaintiff i.e Mr Dederer wherein the Supreme Court of NSW granted damages to be claimed to the tune of $840000 stating that it was a case of contributory negligence of the plaintiff in the order of 25%. The entire amount of the damages was apportioned in the ratio of 80:20, wherein the RTA had to pay the major chunk in comparison to the payment that was to be made by the council. The court of Appeal of NSW, advocated a petition alongside the judgment against the council and discharged a petition of the decision against the RTA. Hence post this, it incremented the contributory negligence from 25% to 50%. Even though the judge found that Mr Dederer had ignored the sign boards and jumped despite being aware of all the dangers and the possible injuries that can occur, even then Dunford J pressed upon the fact that many people jumped and dived from the bridge both pre and post the sign boards mentioning about the dangers of the said recreational activity was erected. His Honour conformed that the RTA contravened its duty of care and was careless in being unsuccessful to erect a warning sign board which should have mentioned words such as hazard to life, shifting sands and variable depths. Also it was unsuccessful in putting up vertical fences and take off the horizontal ones which was there due to which the diving was made easy. Further an appeal was made by both the defendants post the said judgement was pronounced. The councils appeal was permitted since it was not obligated to the plaintiff as the wounds suffered by Mr. Dederer was a result of materialisation of an obvious risk of a dangerous recreational activity as per Section 5L of the Civil Liability Act 2001. The RTAs appeal and petition also was successful with regards the contributory negligence due to which the plaintiffs proportion was increased to 50%. Even then the final verdict was announced in favour of Mr. Dederer. Thus it can be said that in this case the judgement was pronounced both in favour as well as against all the three parties (High Court of Australia, 2007). Critical Analysis Of Why The Court Decided For Mr. Dederer It was found that although on appeal the contributory negligence of Mr. Dederer was increased from 25% to 50%, yet he was in a win position. His case was found to be stronger because as per him he dived in a manner in which all the others were diving successfully. Further to this, Mr. Dederer was totally write that the signboards were inappropriate and failed to give proper information to the people. Further to this, there was no security installed at the bridge who would ensure that no one was diving and those who still dived were punished. His duty was simply to take adequate care while performing any risky task and did not impress any liability on it to prevent performance of potentially harmful acts. Here the problem was that the defendant failed to discharge adequate duty of care by not putting proper fencing which would make the diving impossible, install proper signage which would ensure the reasons of the risk and also did not have safety guards present. Just installing of si gn boards was not enough, specially when they knew that it was being ignored. Although the fact that Mr. Dederer failed to act in a sensible and a prudent manner, yet his level of negligence is weighed at only 50%, since he acted due to many others acted in the same manner without any harm for years. Even though this is no reason for him to act in such a manner, even then the failure of the RTA and the council is much more grave than the imprudent conduct of the plaintiff, due to which the final verdict or the majority was in favour of the plaintiff. References High Court of Australia, (2007), Business and Traffic Authority of NSW and Philip James Dederer ANOR, Available at https://eresources.hcourt.gov.au/downloadPdf/2007/HCA/42 (Accessed 17th September 2017) OGrady, P.T., (2014), Roads and Traffic Authority of NSW V Dederer [2007] HCA 42, Accounting at https://peterogrady.com.au/2014/08/30/roads-and-traffic-authority-of-nsw-v-dederer-high-court-of-australia-30-august-2007/ (Accessed 17th September 2017)
Sunday, December 1, 2019
Race V Class, Understanding American History After 1945
Introduction After 1945, American soldiers returned from the Second World War that had just ended. Their return plunged the nation into a state of economic boom in the housing sector. The economic boom transpired due to the availability of benefits acquired by veterans from the war. However, the period witnessed high levels of racial discrimination against the Black Americans, Native Americans, Asian Americans, and Mexican Americans, whom the White Americans deemed as the minority groups.Advertising We will write a custom essay sample on Race V Class, Understanding American History After 1945 specifically for you for only $16.05 $11/page Learn More In this view, the concept of race defined the United States history just after the Second World War because it formed the basis of employment, acquisition of property, and attainment of leadership positions. Therefore, the essay explains that race is concept that is more important than class in understanding A merican history after 1945. Overview Race is a concept that highlights the American history after the Second World War. After 1945, America went through a period when racism was highly pronounced. During the period, the Whites believed that people from the minority groups were lesser beings than those from the majority groups (Cowie 49). The minority groups were in the category of marginalized groups and many services provided by the federal government went to the White Americans. Areas such as employment, education, property ownership, and leadership were a preserve of the White Americans. Therefore, race is a concept that best explains the history of America after the Second World War. Discrimination in Employment The minority groups in the United States experienced and endured discrimination in employment sector due to the institutionalized racism. The federal government enacted and passed laws that denied the minority groups the chance to work in the United States. The laws gove rned the terms of employment, working conditions, as well as salaries and wages. According to Sugrue, ââ¬Å"Chicago, Philadelphia, and New York played a decisive role in deepening racial inequality in the cityâ⬠(86). Moreover, the federal government and private employers were reluctant or unwilling to hire employees of African, Asian, or Mexican origins. Therefore, a number of people from the minority groups worked in plantations such as rice fields, which had poor working conditions and low wages. Most of the employees from the minority groups received very little wages, and subjected to hard work and harsh treatment as opposed to employees from the majority groups. The White Americans discriminated against the minority groups making them victims of racism in the United States. The federal government redlined the minorities and created a harsh working environment for them.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 1 5% OFF Learn More The Native Americans received harsh and inhuman treatment from their employers or superiors who perceived them as unimportant beings basing on their color or ethnical background. In workplaces, employers or superiors overlooked employees from the minority groups in aspects such as promotion and increment of salaries or wages. The racial disparity in promotion and salary or wage increments took place irrespective of the performance of the employees from the minority groups. Therefore, unemployed members of the minority groups demonstrated their anger through riots and strikes organized by unions in an attempt to communicate their grievances to the federal government (Cowie 225). Thus, the minority groups experienced pronounced levels of racial discrimination in places of work orchestrated by the federal government and the private sector. The riots and demonstrations led to the loss of lives and eventually recognition of the minority rights. Discrimination i n Housing Soon after the Second World War, the minority groups became the main target of discrimination under the basis of race and place of origin. The United States federal government introduced policies that segregated people from the minority groups and prevented them from accessing good houses. The federal government limited the access of the minority groups to good housing using the housing administration, which was a body charged with the provision of shelter to the citizens of the United States. In an attempt to limit equal access to good housing among minority groups, the federal government denied them low-interest loans and forcefully acquired their houses. Sugrue outlines that ââ¬Å"Detroitââ¬â¢s public housing was racially segregatedâ⬠(86). Furthermore, the boom from veterans of the Second World War worsened the housing problem as houses became scarce; hence, cases of discrimination quickly emerged with the scramble for the few available houses. Most of the Whi te Americans who were house owners declined application for housing from minority groups, but instead accepted applications from White American tenants. Mortgage companies also tailored their policies in a manner that favored the White Americans in the United States. As a result, many potential house owners from the minority groups found it very difficult to acquire good houses because mortgage prices were high and favored the White Americans. Cowie explains that Martin Luther King Junior campaigned ââ¬Å"to support the striking sanitation workers as a building block in ââ¬Ëpoor people campaign,ââ¬â¢ a new march in Washington that would be a Selma-like movement on economic issuesâ⬠(65). Therefore, minority groups used unions to present their grievances to the government. Additionally, the minority groups lost their houses through forceful acquisition, deception, and fraud to the White Americans. Racial discrimination in the housing sector forced the minority groups to s eek shelter in camps and shanties where the living conditions were poor. In some cases where the minority groups managed to get houses, they paid higher amounts of rent than what their White counterparts did.Advertising We will write a custom essay sample on Race V Class, Understanding American History After 1945 specifically for you for only $16.05 $11/page Learn More Discrimination in Ownership of Property After 1945, policies designed by the federal government of the United States favored the Whites and discriminated against the minority groups. Ownership of property among minority groups became a very complex and difficult affair for officials in the government declined their proposals, deceived them, and refused to help them acquire property in the United States. Although a few members of the minority group had the limited access to property acquisition, the state frequently confiscated their properties and declared them as illegal. Unfair treatmen t had its basis on the color and appearance of the individuals because of their racial background (Sugrue 8). During the period after 1945, the federal laws and policies prohibited ownership of property by the minority groups. One of the factors that contributed to the prohibition is the misconceptions held by White Americans concerning the minority groups. Property owners, managers, and agents discriminated against the minority groups in the sale of properties and business outlets. As a result, many Americans of African, Asian, and Mexican origins failed to acquire properties during the period. Failure to acquire properties and business outlets by the Africans, Asians, and Mexicans rendered them poor and greatly affected their living conditions. According to Cowie, ââ¬Å"Congress for the first time since it went democratic in 1932 passed a tax cut not to redistribute wealth, but to give relief to the middle upper class, suggesting a very new mood among the democrats more broadlyâ ⬠(257). Therefore, the minority groups in the United States endured discrimination and enjoyed limited rights of property ownership. Some of the ways that the Whites exercised racism included refusal to sell or rent their houses and unequal valuation and appraisal of property. Furthermore, other White Americans who were property owners provided different terms and conditions for the minorities, whereas banks refused to provide loans to the Asians, Africans, and Mexicans living in the United States. Discrimination in Education Racial discrimination also affected the education sector since many institutions of learning had some forms of racial segregation. After 1945, many schools in the United States belonged to either the White Americans or the minority groups. The federal government discouraged students of color from studying in schools designated for the White American students. Teachers and trainers administered harsh and inhumane punishment on the children from Asian, Afric an, and Mexican origins (Cowie 11).Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More In addition, trainers entrenched racisms in schools, as they perceived children from minority groups as lesser beings than their White counterparts. Therefore, the trainers gave biased treatment in training, discipline, and grading of the students. Due to the misconceptions held by the students concerning the attitudes displayed by their parents, the White Americans students undermined their colleagues from the minority groups. The prejudice, which students from minority groups received from their colleagues, led to poor relationships among students in schools and social places where they interacted. ââ¬Å"The effects of racial discrimination were evident as they highlight racial differences in urban streets and workplacesâ⬠(Sugrue 6). Therefore, the prejudice of students from minority groups also lowered their self-esteem and affected their performance. Moreover, another form of racial discrimination that the state displayed during the period after 1945 was underdevelopment and the absence of good learning facilities in schools designed for the minority groups and presence of good facilities and good infrastructure in learning institutions designed for the White Americans. Teachers in schools offering education to the minority students experienced challenges in terms of lack of teaching resources and funds. Teachers mainly from the minority groups joined unions and voiced their grievances to the federal government. Furthermore, educational loans and sponsorships were available to the White American students only, while the children from the minority groups usually dropped out of school or performed poorly due to insufficient funds to facilitate their education or poor quality of learning facilities. Discrimination in Leadership Members of the minority group who wanted to vie for leadership positions in the United States also experienced racial discrimination. During and after 1945, the White Americans believed that people from the minority groups were unable to provide good governance and leadership. Therefore, any member of the minority group who attempted to vie for any political or leadership position was discouraged and intimidated by the White Americans who formed the majority group. As Martin Luther King Junior fought against racial discrimination, ââ¬Å"Robert Kennedy admired Kingââ¬â¢s commitment to unite the poor whites and the poor blacks into what the civil rights believed it would a ââ¬Ëpowerful new allianceââ¬â¢ that transcended racial integration and placed social justice on an economic footingâ⬠(Cowie 65). Additionally, some states in the United States barred members of minority groups and women from casting their votes. As the federal government denied the minorities their voting rights, it implies that it was impossible for any member of the minority group to win and get a leadership position. Thus, members of the minority who tried to campaign failed due lack of support from the federal governmen t and voters. Aspiring leaders from the minority groups who tried to vie for leadership positions received discouragement from the federal government or lacked adequate funds to facilitate their campaigns. The federal government preferred the White Americans, but discriminated against the Native Americans, Asians, Africans, or Mexicans. One of the main factors that contributed to the preference was the misconception held by the White Americans who believed that women and minority groups did not have capacity to take leadership positions. According to Cowie, leaders from the minority group who tried to campaign were the subject of ridicule and discouragement by the state and the White Americans (63). In some cases, the White Americans booed the leaders from minority groups in rallies and conferences during campaigns. Therefore, the minority groups remained as marginalized members of the American society for the larger part of the 20th century, after the Second World War. Conclusion A fter the Second World War in 1945, America experienced economic boom in the housing sector, which resulted from the pension that war veterans received. Housing and economic boom led to a sharp increase in the demand for housing and affected the economy of the United States. Besides, in the period preceding the Second World War witnessed high levels of discrimination against races from Africa, Asia, and Latin America as the White Americans deemed them as minority groups. The White Americans exercised racial discrimination in learning institutions, workplaces, and social places such as hospitals and churches. Americans from the minority groups worked in plantations and construction industry as casual laborers where they received meager income. Works Cited Cowie, Jefferson. Stayinââ¬â¢ Alive: The 1970s and the Last Days of the Working Class.à New York: The New Press, 2013. Print. Sugrue, Thomas. The Origins of the Urban Crisis: Race and Inequality in Postwarà Detroit. New York: Princeton University Press, 2010. Print. 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