Explanation Of The Internal Point Of View

Explanation Of The Internal Point Of View Jurisprudential debate concerning the nature of law is often thought of as a long-running battle between two schools of thought the rival camps of natural law and legal positivism. The natural law tradition has always emphasised laws grounded ness in justice and the common good, while legal positivism had tended to emphasise laws basis in authority. Legal positivism emerged from the work of Jeremy Bentham and his disciple John Austin. The latter famously claimed that the idea of sanctions is the key to the science of jurisprudence.  [1]  Therefore he held that legal rules are to be threats backed by sanctions and statements of legal obligations, so as the threatened sanctions to be carried out. Another great legal positivist, Hans Kelsen, tried to explain legal rules and obligations in terms of norm, to be directives to courts requiring them to apply sanctions. In addition Alf Ross separating the difference between Austin and Kelsen, understood of legal rules as norms addressed to courts guiding the use of sanctions and statements of legal validity as predictions that these norms will be followed. However, one of the two greatest twentieth-century (the other one is Hans Kelsen) exponents of the legal positivism was, without question, Hart. In his principal book The Concept of Law  [2]  , Hart describes the central thesis of legal positivism as the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.  [3]  Therefore the central claim of legal positivism is that law is separate and distinct from morality. Also, Hart showed that sanction-centred accounts ignored an essential feature of law. This feature was termed the internal point of view. Harts internal point of view claims that the law is seen not just sanction-threatening, directing, or predicting, but imposing obligations. Therefore, what, precisely, is the internal point of view? And hence, what role does it play in Harts theory? In short, the internal point of view is the practical attitude of rule acceptance. It does not suggest that people accept their moral legitimacy, but only that they are willing to guide, and evaluate their conduct according to the rules. As for its importance to Hart theory, it plays four roles: (1) it specifies a particular type of motivation that someone may take towards to the law; (2) it constitutes one of the main existence conditions for social and legal rules; (3) it accounts for the intelligibility of legal practice and discourse; (4) it provides a naturalistically acceptable semantics for legal statements.  [4]  This concept perhaps is Harts greatest contribution to jurisprudential theory but it is often easily misunderstood. To begin with, Hart dictates that the element of authority involved in law has always been one of the obstacles in the path of an easy explanation of what law is.  [5]  He argues that the command theorists  [6]  explain force as the main component of law and have looked only on one side of the coin the external element of law. It compels people to act only out of fear. This may be the bad mans view of the law and Hart argues that it does not present a balanced picture. A positivist theory of law must offer an account of the nature of law-making authority. At the same time, positivists claim that the validity of a law does not entail an obligation to obey it. This means that the theory is quite independent of any theory about the basis of a moral obligation to obey the law. Bentham and Austin approached these problems by treating statements about sovereignty, rights and obligations as straight forward statements of observable social facts. Therefore in focusing only on the com mands and actions of a sovereign in imposing sanctions, the command theorists have ignored the internal aspect which characterises all law. This is element is the internal point of view which make people feel a sense of obligation to obey the law. In fact, as Hart explains there is a distinction between the two aspects of law, to be obliged thus to act in a certain way because of some threat or by force, such as when an armed man orders a person to hand over money, and to be under an obligation thus to feel in yourself a sense of duty to act in a certain way without some external factors such as threat or sanctions. Therefore, for Hart the command theories try to explain the law only in terms of the first notion, therefor they are inadequate, because the law has both an external and an internal fashion to induce compliance. According to Stephen Perry, for example, the general idea of the internal point of view is that an adequate jurisprudential account must at some point take into consideration how the practice looks to at least some of the practices participants, from the inside.  [7]  Similarly, Gerry Postema writes: The law, like other similar social practices, is constituted not only by intricate patterns of behavioural interactions, but also by the beliefs, activities, judgments and understandings of participants. The practice has an inside, the internal point of view of participants.  [8]   In regard to the above, Harts doctrine demands that legal theories to become across with the shared experiences of legal natives. Jurisprudence must take the insiders point of view, and have a conflict with those theories that ignore the attitudes and beliefs of the people that are under the law. Therefore the internal point of view came to question sanction-centred theories of law, such as those suggested by Hans Kelsen and Oliver Holmes. Hart claimed that these theories are lacking insight because they ignore or conceal the range of attitudes that people have in the direction of the law. The problem in Kelsens theory, is that the law directs officials to punish those who dont comply with the rules instead of providing guidance for those who want to live according and under their obligations. Also the difficulties with bad man theories such as Holmes is that they assume that people are driven to follow the law merely in order to avoid sanctions, rather than because that rules requir e so. In addition, Holmes who is an insider himself, his curiosity about the law is explained only by his aversion to sanctions. He benefits one type of insiders point of view over another. So as Hart says, theorists by focusing only on the perspective of the bad man, sanction-centred theories define, only the other point of view, particularly, the internal point of view out of existence. Thus for Hart the the internal point of view is actually the practical attitude of rule-acceptance. It happens when people accept or endorse a convergent pattern of behaviour as a standard of conduct towards a social rule. Therefore when the phrase the internal point of view has one meaning, it refers to a specific practical attitude. Moreover practical point of view has two attitudes that an insider can follow towards the rules: acceptance and non-acceptance. According to Hart, if someone accepts the rules have taken the internal point of view. In reverse, if someone does not accept the rules, either because they accept the bad man point of view, or because they are just observing, they dont take a practical attitude at all, it is just the external point of view. However, what does he mean to accept a social rule? Hart claims that to accept a social rule is to regard a pattern of behaviour as a general standard to be followed by the group as a whole.  [9]  It is to treat existence of the rule as a reason and justification for action, as the basis for claims, admissions, demands, punishment or criticisms, as establishing the legitimacy of these demands and criticisms.  [10]  Hart clears out that the moral legitimacy of the law does not needed in order to accept its authority. Hence the standard of conduct meant by Hart is certainly not the moral legitimacy of law. Therefore as he said is that when one takes the internal point of view towards a rule, acts according to the commands of the rule.  [11]  But since this can be comfort by the bad mans theories Hart added, The second way in which the internal point of view is expressed is through critical evaluation.  [12]  So as people who accept the rules criticize others even themse lves for not conforming to the rules. In the end, the internal point of view is often expressed by words such as must, ought, wrong, and right. As Scott J. Shapiro in his Journal said if someone accepts the rule that men must bear their heads upon entering a church, this practical attitude might be expressed by statements of the form: You ought to take off your hat in Church or It was wrong of me not to take off my hat last Sunday.  [13]  These statements are internal statements as described by Hart.  [14]  Therefore, Hart compares these practical statements with theoretical statements that others accept a particular rule. For example, someone might say, Episcopalians accept a rule requiring men to take off their hats in Church.  [15]  For Hart, these are the external statements since they express the external point of view.  [16]   To sum up, as Scott J. Shapiro said in his Journal Harts internal point of view must be understood as a commitment to act in all of the above ways. That is, one takes the internal point of view towards a rule when one intends to conform to the rule, criticizes others for failing to conform, does not to criticize others for criticizing and expresses ones criticism using evaluative language.  [17]  Basically, Hart concept of the internal aspect distinguishes between social rules and social habits. A crucial difference from a social habit and a social rule is that habit lack criticism from others in a group when the convergent behaviour is deviated from. However, as it is seen, the internal aspect and therefore rules is an important ingredient for Hart conception of law. At first impression Hart conception of law, is a symbiotic relationship between primary and secondary rules, and more importantly the internal point of view seems valid. A primary rule imposes duties and prescribes how one must act by way of recognizing a general standard mode of behaviour. The secondary rules consist of the three important characteristics, which can be characterized as sub rules, which give the concept of rules as law and obligations, but more importantly, law as a system of rules. First is the rule of recognition, which helps to determine whether a rule is indeed a rule, this is determined by the influx of criticism for deviation of the rule and the existence of social pressures to conform. The second, denoted as the rule of change, which allows for the creation of new primary rules or the change and modifications of old rules for the group to live by, these rules are also subject to procedural standards. The final characteristic is the rule of adjudication that de termines whether or not a primary rule has been violated and prescribes the procedure the courts must follow to apply sanctions. There is also a strong connection with the rule of adjudication and the rule of recognition because, if the courts are empowered to make authoritative determinations of the fact that a rule has been broken, these cannot avoid being taken as authoritative determination of what the rules are.  [18]   Indeed the mosaic of the internal aspect, the primary and secondary rule as law is very attractive for Hart because he is able to explain where Austin has failed. Primary rules are laws, because they are general and span over the territory in which the sovereign has authority, and secondary rules are a means to enforce and amend the laws. The power conferred to the individual is not a duty, but merely powered conferred to identify rules and the breach of obligation, this is justified by inextricably linking the rules of recognition and the rule of adjudication. The existence of secondary rules, giving amendment ability and the creation of new rules, has an exacted resemblance of a legal system. However Hart analysis is open to scrutiny. One element that can be objected to is his assumption on why individuals obey law. For Hart, people obey rules hence law, because of the internal aspect. Individuals obey, not habitually or because of some sense of reason, but because other are doing so. The internal aspect also makes an assumption that a society where the internal aspect is at large is one that is duly homogenous. The individuals in this society all think in a similar fashion, they share the same morals, ethics and perspective and because of this they know rather instinctually know. Hart idea of the internal aspect is an explanation of why people obey and follow laws, but the implications of this theory is that the individuals under sovereign rule are completely oblivious and unthinking to law and the creation of laws is largely reactionary, where there are no presupposed principles of the social group in question. Hart points out that that there is no necessary conceptual connection between law and morality. He supports that there can be legal rights or duties that have no moral justification or force. On the other hand Dworkin which occupies a theoretical position somewhere between natural law and legal positivism maintains that there must be moral grounds fo r the assertions of the existence of legal rights and duties. That is, legal rights are a species of moral rights. Hart points out that his theory enables the identification of the law based on a relatively straight forward application of a rule of recognition. Dworkins theory on the other hand, requires a complex moral calculation and interpretation to identify even the simplest rule as a rule of law. The notion that the internal aspect is the main and only reason for peoples compliance and obedient nature to law is insulting to the populations intelligence and the diversity of peoples, morals, ethics and thought. To conclude by the combination of primary and secondary rules Hart believes that he has found a significant weapon for the analysis of much that puzzled both the jurist and the political theorists, namely, the heart of a legal system. He believes that this approach is greater than his predecessors to explain the nature of law. He rejects the sanction-centred theories because they are based only on the motivation that people will obey only through fear. Also Hart allows us to see legal phenomena, not in terms of isolated precepts with not meaningful link to social reality but as a unified system upon the concept of rule of recognition.

Harvard Case Study McDonald’s

Question 1: Which company orientation (product, production, selling or market) can best describe McDonald’s activities? What makes you think so? In the case of McDonald’s activities the company orientation is selling and I will explain why. In first I’ll explain what is the selling orientation, and in second why it’s the McDonald orientation. If we look at the definition in the book â€Å"Marketing Management† the selling philosophy or orientation is â€Å"a focus on making sales rather than understanding the customers† and it’s based on an â€Å"aggressive selling and promotion effort†.So we can understand that the selling philosophy is to sell, sell and sell and make money. Now that you know the definition, take a look on McDonald. Before to talk directly about McDonald let’s see the history of Ray Kroc and his dream. The dream of Ray Kroc was to become rich and make money, like we can read in the case he starts to sell milkshakes and the most than he could sell. The way of life and the wishes of Ray Kroc has been transmitted in his firm. When he created McDonald with the brothers they tried to impose McDonald all over the world with a lot of restaurants and to avoid the potential competitors.It worked during a long time but today it’s not the case because the customer’s needs change and McDonald has some difficulties to continue in this way. So we can see that McDonald uses the selling philosophy. Question 2: To date, McDonald’s has avoided diversification into unrelated food retailing operations as well as non-food options. Discuss the desirability of such diversification efforts. McDonald’s has avoided diversification into unrelated food retailing operations as well as non food options cause of different things.The image of McDonald in consumer’s minds is related to food and especially fast food, maybe McDonald didn’t have the skills to manage new produ cts unrelated to food and to finish it’s more easier for McDonald to focus the resources on one way and the best way for them it’s simplify the system. Let’s talk about more generally about the diversification and especially about the advantages and disadvantages. The advantages are different by activity’s sector but let’s see some example.The diversification can make a growth relay (after specialization) (Ex: Club Med in Club Med World or Club Med Gym in the past and now in a real estate program). It could reduce risk (Fram and hotels Framissima). It also could stabilize a seasonal activity. The disadvantages are a management more complex, news environments and competitors, it could make a dilution of the identity and image in consumer’s mind and workers and a dispersion of company’s resources. Question 3: How do you explain the reluctance of competitors to imitate the successful efforts of another firm in their industry?Under which circumstances is imitation likely to be considered? Generally companies are reluctant to emulate the successful efforts of a company in their industry because it requires significant investment that does not necessarily guarantee a positive result. Moreover, it does not let the consumer realizes the imitation so as not to pass an imitator in consumer’s mind. But it’s possible to imitate in this way when there is a monopole on a sector to put some competition. In this case the company who imitates if she has a competitive advantage regarding the other firm can take a place in market.In the case of high technology like in mobile phone market (imitations of the I phone). In the case the competitors comes in the market cause of the weaknesses of McDonald and the need of consumers. Question 4: What do you think is McDonald’s short-term and long-term potential? What makes you think so? McDonald is a really important brand all around the world and everyone knows it. It ’s the second most important in term of number of restaurant all around the world behind Subway. Even if some persons criticized this firm I think it’s impossible for it to disappear even on long time.The fact is in short term if McDonald doesn’t react to the consumer’s needs and the needs of the franchisees the firm will continue to loose money. They were too much time the number one and they have ignored the consumer’s needs. Now competitors appear on the market and win some market share. We can notice that McDonald was the first real fast food in consumer’s mind and that’s also why McDonald is the target of consumer’s associations and movies like â€Å"Super size me†. But every time McDonald reacts and is still alive. So in long term McDonald should be more attentive to the consumer’s need and it will be ok.

Public Health Promotion Strategy

Public Health Promotion Strategy of Lhuntse Introduction Public health is the first priority of a nation as health is the chief priority to man. According to the American Public Health Association, APHA(2001), public health as the practice of preventing diseases and promoting good health within groups of people from small communities to entire countries. The functions of public health include preventing epidemics, monitoring health status of the population, developing policies and laws to protect health, providing health care services at all costs and all activities related to benefiting public and their health.Bhutan, within the confines of China in the north and India in the south, was a late bloomer in to development. Now, 90% of the population has access to basic health care services delivered through a network of 29 hospitals, 176 Basic Health Units and 541 outreach clinics. Of the twenty Dzongkhags or districts in Bhutan, Lhuentse dzongkhag is one of the least developed with ei ght gewogs. â€Å"Most of the villages are still in accessible with lack of roads and electricity. one hospital, 11 Basic Health Units and 31 Outreach clinics render public health services in the dzongkhag.About 50% of the households have access to piped drinking water supply. †(Ninth five year plan, Bhutan, n. d). This paper plans to focus on studying the public health sector scenario in the particular dzongkhag and improving it. Purpose of the action plan Purpose of the action plan is to promote various factors such as followings †¢To improve maternal health care, it is very essential to provide healthy manner of health services to improve maternal health care to make pregnancy safe. Mother’s education, Mother’s education is the basic knowledge of parenting. †¢To Improvement in food supply and sanitation, improvements in food supply and sanitation will lead to increase life spans and reduce disease. Initiatives taken by the health services such as cl ean drinking water supply and hygiene directly help in improvement in food supply and sanitation. †¢ To Reduce in Poverty, to make reduction in poverty line . To Change living standard, with the development taking place in the country, living standard of the people has been rapidly changed.Public health Issues and Concerns †¢Lhuentse Dzongkhags has the concern over the issues related to public health as follows; †¢As the morbidity among the children under five year of age and all pregnant women and women in child bearing age was accounted to , Male-767 and Female-642. (PHCB, pg. 191). †¢The number of deliveries of the new born babies attended by health professionals was – 90 pregnant women, whereas, the number of deliverie not attended was recorded to -231 cases as noted in (PHCB, pg. 04). †¢According to PHCB, 2005,The Dzongkhag has also noted the increase in the number of disables that was numbered to 990 people and most were disabled to seeing that was recorded to-327 people. (PHCB,pg. 211) †¢Most of the people in the Dzongkhag had limited access to safe drinking water with the account of 253 households having piped water within house and 2377 households having piped water outside house. (PHCB, pg. 222) 5.The people in the Dzongkhag had limited acces to basic health facility of proper toilet. As, 2143 households had the accessibility to pit latrine and 423 households had no latrines at all (PHCB, pg. 241). The issues also includes, †¢Maternal and child health †¢The lack of nutrition in the diet leading to malnutrition †¢Outbreak of infectious diseases †¢The high alcohol consumption leading to increase in alcohol related diseases (Liver cirrhosis). Public Health Promotion StrategyTheir strategies put emphasis on improvement ofquality of services, development of human and institutional capacity, and decentralization with focus on rural access. 1. Enhance the quality of health services To improve the qual ity of services and further consolidate the infrastructure. Standardization and quality assurance, focusing on diagnostic and healing aspects, and use of appropriate technology. 2. To reach the inaccessible population There are still population groups who are not reached satisfactorily by the health services.Taking into account all of the problems and factors, Out Reach Clinics (ORCs) have been constructed and organized. 3. Strengthen traditional medicine system The traditional medicine system is being strengthened with the emphasis on human resource development through the Institute of Traditional Medicine. This has also been included in the ordinary health services at the hospital. The capacity and productivity of the Pharmaceutical Units have been increased.

Tanglewood Case 5 - 1034 Words

Question 3-4 Notes EEO states which is that EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. Affirmative action is intended to promote the opportunities of the protected classes within a society to give them equal access to that of the privileged majority population. Tactics of Tanglewoods for recruiting. Recruiting: The typical recruiting and hiring practices for Northern California are†¦show more content†¦Gonzalez suggest that Mr. Root has the intentions of creating negative publicity and has been in contact with the law firm with whom are taking his case. In addition his actions based upon the information provided do not represent the level of loyalty and respect for the organization that is required of persons that are wishing to be promoted to higher levels within the organization. This neither information that we are provided does not provide nor give sufficient insight to this case that should/would warrant the need for Tanglewood to change/adjust its current promotion system for employees. The most important thing to remember is that you will need to be able to justify your decision. Documentation is key and required to be in compliance with OFCCP requirements. As one of the most critical steps in the process, it is important to keep the following in mind: The best candidate for the position was chosen based on qualifications. 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