Tuesday, August 6, 2019
Standardized Ion Chromatograpy (IC) for Salivary Analysis
Standardized Ion Chromatograpy (IC) for Salivary Analysis According to Darvell et. al. (2004), the research is about analysis of human saliva by using ion chromatography(IC). The aim of this research is to construct out a standardized IC protocol for future salivary analysis. The samples has go through several procedures such as centrifugation to remove particulates, filtration on supernatant, and the residual droplet was removed by a paper tissue without touching it to the CFD (centrifugal filter device). This is because want to minimize the risk of backââ¬âcontamination of the device. About the pretreatment, the temperature for centrifugation is set at 4à °C which inhibit the pathogen spreading and lower the bacterial activity. The steps of pretreatment temperature, duplicate runs of the samples and recovery of known addition of standard solution are to make sure that the result obtained is reproducible and no significant different. However, the resolution has shown decrease and this may cause by the protein retained in the exchange site of column resin or the surface of suppressor. It is suggested that application of membrane ultrafiltration can minimize contamination of IC system. Besides, there are few things have to take in consideration which are pretreatment and sample dilution. If the sample pH is higher than 2-3, in pretreatment part have to avoid introducing the ionic contaminant or subtracting any ion that needed if cellulose used in material for membrane ultrafiltration. Sample dilution can make the resolution between peaks greater especially when fluid with smaller volume are available sufficient for injection. Xie et al. (2011) have reported the studies on levels of adenosine phosphate in blood which are analyzed by using ion chromatography. In this research, gradient mode of elution is used, because it well-known as can carry out fast result and provide sharp peak due to gradient compression effects. The procedure are firstly sample dilution, homogenization, centrifugation, membrane filtration and finally injection into the IC system. The addition of acetonitrile in homogenization part is to extract out the protein as precipitation. Adenosine phosphate likely retained in column and cause contamination since they are very polar molecule however this research has proven that by using this method it will not retained on the column and it can applicable to the analysis of true blood samples. Hou Cramer (2011) has evaluated on selectivity in multimodal anion exchange system priority on prediction of protein retention time and investigation of effect caused by mobile phase modifier. About selectivity, as we know protein are more strongly retain tendency with resin. The multimodal effect which the arrangement pattern has given an electrostatic attraction that manage the binding behaviors with obeying Langmuir isotherm. In this research, two anion resin was used which are Capto Adhere(ADH) and Q Sepharose FF. Result shown there was more retention on ADH because additional interactions existed. In ADH ligand, the additional interaction may composed hydrophobic properties contributed by aromatic ring and hydrogen bonding contributed by hydroxyl group. Suggested that the size of ion-exchanger should be smaller to optimize the performance and using monolithic porous column in order to improve the morphology of the resins. According to the Tyrrell ed. al. (2009), rapid IC have several advantages such as reduce the analysis time, cost and improve the productivity. The rapid IC can be transfer from the conventional method by modifying some parameter. The rapid IC using the similar stationary phases with the conventional chromatographic but the column geometry used in rapid IC was modified. Besides that, the volume used and the flow rate of sample were reduce by a factor of 12 to speed up the chromatographic process and the resolution is not affected for the smaller particle-packed columns with shorter length. In generally, gradient elution are consider more beneficial in fast separations and multi-component sample analysis. In optimize conditions, the separation speed is assume constant in this study. Meanwhile, the other parameter such as the column length was decreased by a factor of 10 and the smaller particles were reduced by a factor of 15. Reductions by factor in the parameters was reduce the resol ution, but the reduction in resolution still in the acceptable ranges, so the process still can be accepted. According to Chen Leong (2009), à ±-fetoprotein (AFP) is a potential candidate in biopharmaceutical field, especially in the treatment of autoimmune indications. Recombinant AFP can indicate rheumatoid arthritis recently. However, due to the complexity of its structure as it contains 32 cysteines, which refolding and form 16 disulfide bonds by oxidation; the refolding process will be very hard to occur because the protein with highly disulphide-bonding is immobile on a stationary phase of chromatography. The objective of this study was to improve the refolding yield of the recombinant human AFP (rhAFP) using anion-exchange chromatography. Refolding process by batch dilution was studied as a control. Instead of ion-exchange column, a PD-10 desalting column was used to remove the DTT from protein mixture. The mixture was then eluted out the desalting column and refolding buffer was added. There were two types of anion-exchange column to carry out on-column refolding, which were Q-FF columns and DEAR-FF columns. Same procedures were performed on this refolding process as batch dilution, the protein was incubated in the column with refolding buffer for 0-24 hours, but with an addition of stripping buffer after refolding cycle. Next off-column refolding was carried out using a 1ml Q-FF column. Unlike on-column refolding, the protein was not incubated in column but treated with refolding buffer with or without 0.5M L-arginine after elution process. For batch dilution, as a result, the refolding yield is at maximum level which was around 55% at less than 0.5mg/ml of rhAFP, but at the allowable greatest concentration of protein refolding which is 0.45mg/ml, the yield of refolding obtained is 14% only. This is because high concentration of protein would lead to high aggregation and hence, low refolding process. 0.45mg/ml was the highest protein refolding concentration in this section because of solubility and viscosity limitation in preparation step of higher concentr ation of protein sample. On the other hand, refolding process in DEAE-FF column had higher recovery yield of rhAFP compared to that in Q-FF column which were 19% and 15% respectively when the amount of rhAFP load was 1mg. Q-FF is a strong anion-exchanger compared to DEAE-FF, this caused the strong interaction between protein samples with matrix and limited the disulfide shuffling to refold. In contrast, the interaction in DEAE-FF is relatively weaker, so the disulfide shuffling had higher efficiency and increased refolding process occurrence. The stripping buffer was added after refolding cycle to elute more refolded rhAFP, as the protein was mostly bound on column during refolding and elution process. Similar to result of batch dilution, increased amount of protein load brought increased aggregation and lower refolding process. Furthermore, aggregation of protein at the top section of the column can prevent the protein to move through the column, so another test was done with addit ion of NaCl to refolding process conducted in DEAE-FF column and it showed higher refolding yield. Investigation of off-column refolding was done without incubation of protein in Q-FF column with refolding buffer. Without addition of L-arginine, the refolding yield of 1mg of rhAFP load was higher than on-column refolding, and the yield could be increased to 42% after addition of L-arginine. The possible reason is due to interference of L-arginine toward the adsorption of rhAFP on the matrix. Hence it is impossible to add L-arginine if on-column refolding was desired to be performed. Actually, instead of Q-FF column, the off-column refolding can be conducted on DEAE-FF column with addition of L-arginine and NaCl, the outcome should be interesting to investigate. In a nutshell, off-column refolding yielded the most among the methods, which was 13-fold increase from batch dilution.
Monday, August 5, 2019
Leadership capabilities: An analysis
Leadership capabilities: An analysis Leadership: ââ¬ËLeader a word which makes a normal human being into a famous personality (locally, nationally, internationally). Many authors express their views on leadership like. ââ¬ËA leader is one who selects, equips, trains, and influences one or more followers who have diverse gifts, abilities, and skills and focuses the follower to the organizations mission and objectives causing the follower(s) to willingly and enthusiastically expend spiritual, emotional, and physical energy in a concerted coordinated effort to achieve the organizational mission and objectives.(Bruce E.winston,2006:7). Here he says that leader, who selects an individual who had diverse abilities, tastes, culture and skills for particular task to be completed in a way that he trains, motivates and influences him with his skills. This type of leadership is seen in many personalities, An example is Sir Stuart Rose CEO of Marks and Spencer, who follows democratic type of leadership style in his decisions but makes autocratic style of leadership in terms of his short term achievements. He established good relations between employees and his other colleagues. ââ¬ËEffective leaders arent born, they are made. And they are made just like anything else, through hard work. And that the price well have to pay to achieve that goal, or any goal (Vince Lombardi, American football coach). Sir Stuart Rose was first joined Marks Spencer in 1972 as a management trainee then he took many stages in profession in many companies and presently CEO of Marks Spencer. This is how to compare the definition of Vince with Rose career, that if he was born leader then he could have given the high position in any sector but day by day he had developed the companys fame by the time he was CEO, Marks Spencer was low in profits and was going private. Increasing profits introducing new thoug hts like plan A, for which he became the chairman of business in the community (BIC). Criterion of Leadership: Behavioural theory of leadership defines that successful leadership is rooted in definable, learnable behaviour; any one can become leaders or learn leadership qualities by teaching and observation. This behavioural theory is a good tool for many people, basing on this we in our group had discussed few criterions for leadership. Professional-friendly: In this criteria a leader should be professional-friendly in terms of task so that follower can achieve the task successfully, so that he can deal a task with them correctly and can give good guidance. Vision: Basically a good leader has to understand the culture and value of the organization, then he can work hard to communicate their vision over the organization at all levels. He should have clear-cut idea of understanding that their vision will be successful in any situation. Motivation: Every human in this world has different cultures in terms of behaviour, feelings and many more, so that their commitment to particular task is different at this instance motivation is a tool which can boost their activities (performance), and finally this can yield fruitful results in any task. Individual consideration (Responsibility): Leader should take the responsibility of particular task at any situation with out depending on his followers. Here is an example which gives an idea of having individual consideration of a lady. In 1989 Melissa, a fourth-grader in Nashville, Tennessee in USA, she was felt responsible about the pollution in her country and felt that what could be her countries position when she grows old, then she began writing letters to president and local politicians like mayor, congressmen and senators, she had no response from any one, but she was called up the local television channel and did an on-camera commentary. Melissa also started a club called Kids F.A.C.E (kids for a clean environment) which could help then in planting trees, picking up litter. Starting with just six members at her elementary school, kids F.A.C.E. grew to more than more than 5,00,000 members with 22 countries. Feeling responsible even at age 9 and became a leader this shows that age doesnt matter. Since she took responsibility of a task and led it for huge level at different countries. (James M. Kouzes, Barry Z. Posner, The truth about leadership 2010:2) Communication: The most important criteria for a leader, for giving a task to his followers he has to communicate in a proper way so that followers has to get the task which is to be done. It is also a way of ascendancy for his followers. Flexibility: When many issues hit at once, handle more than one problem at once, this is a perfect behaviour of a leader. For example Sir Stuart Rose was the chief executive officer of Marks and Spencer he had to deal with many sectors in a limited period of time, he made the organization (Marks and Spencer) better in terms of profits and fame, he made flexible. Teamwork: It is leaders responsibility to understand each and every one is from different culture and have different behaviour, human relationship and functions and bring them in and make a unity and perform teamwork. This is called as unity in diversity. Respect for others: Do not belittle (under estimate) the opinions and work of the other people regardless of their status (profession). Emotional Intelligence: ââ¬ËAbilities such as being able to motivate oneself and persist in the face of frustrations; to control impulse and delay gratification; to regulate ones moods and keep distress from swamping the ability to think ; to empathize and to hope.(Mullins 2010:144). Emotional intelligence is able to think and handle the situations in frustrations. A leader should have this criteria because to lead the team successfully. Feedback with my strengths and weakness: Every one has strengths and weakness at his style in any of his own talents. Here is 360 degree feed back from my friends in my style of leadership along with my strengths and weakness to improve my effectiveness of my leadership. Motivation is a driving tool in achieving goals, I do like motivating people because every human is unique and they do mistakes and dont get positive result at single attempt( this is not in every ones talent, I do take in few cases) rather than discouraging is it important to motivate or encourage them. Responsibility (individual consideration), emotional intelligence. Here is an example for my emotional intelligence and responsibility, in my group professor gave an topic on delegation, so we were discussed and chose a person from my group as leader but the person was unable to speak then I took the responsibility and spoke few points about it( in Allitt Malcolms class in S3 batch). Flexible with group, this factor makes good use of comfort with individuals when performing as group and can communicate as well for different task to be completed. Respect for others, this is an good point for expressing ones capability, There is a famous telugu saying that even a grass comes out by bursting the land, so every one has individual thoughts and ideas so that a leader has to respect others. From my feedback its a point that I lack team work capabilities at situational times for example, if any professor gives a task to be completed in few minutes then I do my work independently. They say I am not a good listener, when I am listening my mind wanders for unnecessary thoughts and put me out of the class or any subject which makes me lack of confidence and feel depressed which is also a negative skill given by my friends in my feedback. Day by day every human learns a bit compared with the past, me comparing with the past days I learnt much in my Master of business administration (MBA). Being involved in group activities, taking responsibility, I am doing my best to improve the skills to be a good leader or at least be a good learner Conclusion: Though I have many positive qualities like communication, responsibility, emotional intelligence, motivation and lack in some skills like teamwork, not good listener, feel depressed for which I have to improve. In the leading in changing world every thing is not constant we have to grow as the world tends to modern. Personal Narrative Essay Outline: Anonymity on the Internet Personal Narrative Essay Outline: Anonymity on the Internet The right to anonymity over the Internet must be guaranteed to people due to the Fourth Amendment and the Supreme Court, and only information which people explicitly agree to offer can be accessed. People must be guaranteed anonymity over the Internet so they can voice insights and opinions, a right given by the First Amendment, freely without fear of persecution or danger. My father was a vocal critic of Woodbridge Townships (where we used to live) to cut spending from its middle schools, thus vastly reducing the capabilities of sports and extracurricular activities he voiced his concerns about the well-being of the students on an Internet blog, which gathered the following of many town residents and parents after several blog posts, he found that the township was attempting to gain a subpoena against the blog website seeking to identify my father, who blogged under an unrevealing username my fathers lawyer friend informed if that if the township succeeded in gaining a subpoena, my father might be persecuted the township failed in gaining the subpoena due to a similar case ruled before, Manapalan v. Moskovitz Judge Flynn ruled that, I recognize there are First Amendment issues with the past administrationà ¢Ã¢â ¬Ã ¦anyone has a right to make their feelings clearà ¢Ã¢â ¬Ã ¦and first of all the bloggerà ¢Ã¢â ¬Ã ¦ as a right not to be drawn into the litigation and forced to reveal identity or to impede on his or her First Amendment rights simply on a suspicion, however founded or unfounded. Had my fathers anonymity been breached, he might have suffered persecution for simply voicing his opinions: for this reason, anonymity must be guaranteed to Internet users to allow people to fully express their freedom of speech. Second body paragraph: Topic Sentence: If people are not guaranteed anonymity over the Internet, they can be severely blamed or persecuted for reasons they are not responsible for. Supporting evidence: -three years ago, when I was in eighth grade, I was unfairly blamed for posting something on the Internet my eighth grade history teacher had all of his students participate in an online class forum where everyone posts their ideas anonymously on sensitive topics such as abortion -I left my online account open at the library inadvertently and posted harmless jokes on the forum -my teacher somehow found out that the jokes were posted by me, probably by contacting the website administrator, and had the school administration suspend me for a day even though it was my fault for not signing off on my account, I was unjustly punished even though the jokes posted were detrimental to the learning process, it would have been better if Internet anonymity was upheld so that no one would have been punished unfairly Closing Statement: Granting Internet anonymity prevents people from being unjustly blamed or persecuted for actions they did not commit, even if the actions warranted probable cause as said in the Fourth Amendment. Internet anonymity allows people to establish their feelings on the Internet without creating unnecessary negative publicity, as can happen when peoples online identities are revealed. Virgil Griffith created the Wikipedia Scanner in 2007, a search tool that tracks Wikipedia entries back to their source IP addresses even though the Scanner can help prevent people from posting incorrect things, it can create unnecessary publicity for celebrities or government agencies posting entries for example, if a celebrity edits his or her own page on Wikipedia by adding a true fact that is at the same enhancing his or her image, the media will portray him or her in a negative light The right of the people to be anonymous over the Internet allows them to express their voice without creating publicity that they do not desire The right of anonymity over the Internet must be guaranteed and people should be allowed to access information only which others have explicitly agreed to. The Fourth Amendment and the rulings of the Supreme Court support Internet anonymity.
Sunday, August 4, 2019
Hamlet as the Complete Man :: Shakespeare Hamlet
Hamlet as the Complete Man Tragedy, Shakespeare had come to see when he was writing Hamlet, is a kind of consecration of the common elements of man's moral life. Shakespeare introduces the common man in Hamlet not for what we are apt to think of as his "commonness" but for this strange power however you care to name it that he possesses-we have used art, or virtue, or we might have borrowed from Henry James "the individual vision of decency." In Tragedy there is no longer a Chorus moving round the altar of a god; but if Proust is right the spectators are still participants in a supernatural ceremony. Perhaps I may put the aspect of Tragedy I wish to keep before you more clearly by drawing on Professor Harbage's study of Shakespeare's ideal man. Collecting the approving references he finds that this ideal man is soldierly, scholarly, and honest. If these men seem to lack the larger idealism that is so common and abundant in our own generation, there is no suspicion that Shakespeare's men will fail to back with their own skin their apparently modest programs. As Professor Harbage says: "All soldierly, scholarly, honest men are potential martyrs -you can substitute for "martyrs" tragic figures. Of that Shakespearean type Hamlet is the ideal. Shakespeare had before him in Saxo and Belleforest what was presented as an ideal type. This type Shakespeare transformed. To what may be called the instinctive wisdom of antiquity and her heroic passions, represented so impressively by Hamlet's father, Shakespeare has united the meditative wisdom of later ages in Hamlet himself. The re is no surrender of the old pieties, and the idea of the drama comes from the impact of new circum1stances upon the old forms of feeling and estimation; there is a conflict between new exigencies and old pieties, that have somehow to be reconciled. The play dramatizes the perpetual struggle to which all civilization that is genuine is doomed. To live up to its own ideals it has to place itself at a disadvantage with the cunning and treacherous. The problem Mr. Chandler (1) sets his hero is infinitely complicated in Hamlet-to be humane without loss of toughness. The hero must touch both extremes: without one he is just brutal, lacking the other he is merely wet.
Saturday, August 3, 2019
Rainbow Boys Essay -- essays research papers fc
The question of sexual identity is asked to many professional athletes when they are first diagnosed with HIV or tested positive for the AIDS virus. Magic Johnson is a five time championship winner with the Los Angeles Lakers, awarded MVP three times, and played amongst the first nine Olympic All-Star teams (Naismith Memorial Basketball Hall of Fame). Despite these great achievements in his life, his contact with the HIV virus caused him to face much discrimination. Although Johnsonââ¬â¢s source of the virus has been unknown, many people have ââ¬Å"misconceptions of AIDS as an exclusively gay diseaseâ⬠and thought that Magic was homosexual because of his positive test (Stewart). During an interview with Arsenio Hall, immediately after admitting his infection, Magic was asked about his sexuality. In response to this question Magic responded that he was ââ¬Å"far from being homosexualâ⬠(Stewart). Magic Johnsonââ¬â¢s acknowledgment to contacting the virus lead many a ctivist to feel that his ââ¬Å"disavowal of homosexual activity put a barrier between gay people with AIDS and everyone else, reinforcing the stereotype that gays ââ¬Ëbrought it on themselvesââ¬â¢Ã¢â¬ (Kantrowitz). This idea that gays brought it on to themselves reinforces the discrimination that HIV positive and AIDS people face throughout their lives. The misconception that leads people to discriminate against HIV positive individuals assumes that all people who are infected are homosexual and causes one to lose his or her identity. Due to his pop...
Friday, August 2, 2019
The Obstinate Toy Soldier in Mere Christianity Essay example -- C.S. L
In C.S. Lewis' book Mere Christianity, The Obstinate Toy Soldier is a chapter with good points. Lewis takes his reader step by step through this chapter. In paragraph one he talks about how humans are consumed with the here and now, so people do not really think about what would have happened if humans never fell. Paragraph two is about how natural life and spiritual life are not just separate, but opposing sides. Lewis says this because people are born one way and God wants them another way. If these two sides, natural and spiritual life, combined then the way people normally do things would be destroyed in the process. It is like the analogy about the people who were brought up dirty and are afraid to take a bath. Lewis states in paragraph three that if we were to try and make a toy soldier human, that the toy would not see it as helping it, but as trying to destroy it. In some ways people see God this way even though he is trying to save our souls. Paragraphs four and five shed so me light on who Jesus was. According to C.S. Lewis he was a real man of particular attributes and ever...
Thursday, August 1, 2019
Article Review of Organizational Culture Essay
It was not expected that the hierarchical model would be dominant given the previous attempt to change the culture. The altruistic values of those surveyed indicated they are committed to social development and public interests and are most comfortable with a hierarchical dominate culture. The sample size of 530 participants obtained from the Public Sector Directory was an adequate size. All of the executives in the directory were included in the survey, which suggests a less than random selection process for the final candidates. However, the six varied departments selected represented central coordination, infrastructure provision and social services. Although an almost two to one ratio of male to female employee responses were utilized, none of the demographic variables collected in section C of the three part survey affected the perceptions of the current culture. Sections A and B of the survey gathered information on character, managers, cohesion, emphases and rewards. Results indicated that Departments A ââ¬â D preferred the internal process or group culture. Department E preferred the internal process model, but it was equally comfortable with rational goal model indicating goal fulfillment was a requirement. Department F results indicated a comfort level with the rational goal model most likely due to their interactive responsibilities with other departments. Forcing change from a formalized, rules and rewards based culture to a more flexible, decentralized culture could create individual-organization value conflict resulting in stress. Of the population surveyed only 191, 36%, was usable and the male respondents outnumbered the female respondents nearly 3 to 1. The survey, divided into three sections dealing with perceptions of the current culture, respondent ideal culture, and demographic information. The survey reviled 4 out of 6 public sector departments in the study held to the traditional model. The findings also suggest organizational culture is driven at the non-managerial employee level and the deeply embedded cultural values canââ¬â¢t be forced any form of management. The article mentions the constant state of transition is the Queensland government over a twenty year period; employees may value the stability and predictability of the traditional bureaucratic model. Base on the research and finding in the article, culture change must target the organization at the non-managerial level in order for the culture change to be effective. In order for Queensland traditionally bureaucratic organizations to embrace high performing teams, the change must address the needs of the driving force of the traditional model culture; the non-managerial employees. In forming high performing teams for the Queensland public sector, it is important to investigate the factors/components of those teams. Also, because most teams are unique in their goals and focus, there is no ââ¬Å"off the shelfâ⬠solution for all teams (Davenport, 2001) and that ââ¬Å"there is no singular, uniform measure of performance effectiveness for groupsâ⬠(Guzzo and Dickson, 1996. p. 309). By creating a customized plan for transitioning, Queensland public sector can move from a control hierarchical organizational culture to a culture of change, flexibility, and productivity. The Queensland public sector was managed for so many decades using the top down management that the culture of the organizations productivity depended on it. The results of the study can be supported by the need for stability which can only be changed by small adjustment to small changes (Bhide 2010). The culture of the organization is controlled by political authority, so it was not surprising that a hierarchical process model was so deeply rooted in to the essence of the government employees who understood the leadership values (Goodwin and Neck, 1998). Organizations lack of understanding of their members caused employees to be less adaptable to change, and with that less productive. Employees will move to do only their specific functions and only respond to the tasks directed by their manager, which is contradicting to the desired results of flexibility, and supports the article results (Miller S 2009). ââ¬Å"Beyond top-down and bottom-up work redesignâ⬠, explains ââ¬Å"Authority is traditionally conceptualized as hierarchicalâ⬠, but the informal authority operates day to day work of organizations. This proved to be true for the Queensland public sector with few exceptions such as a high commitment to the rules and the attention to details. These changes have also been achieved on a federal level with similar setbacks who still managed to overcome the existing dominant culture (189). Just because the organization is not dominated by the ââ¬Å"new managerialist thinkingâ⬠as stated in ââ¬Å"Organisational culture in the public sectorâ⬠article, Sting and Loch explain that this does not mean that there is not a need for a ââ¬Å"bottom-up participationâ⬠which was part of the work environment before the values of the employees were, in a way, forced to be changed for unexplained reasons to them. As a result of such, this did cause setbacks in the cultural change that was attempted. Changing the value of a large group of people within the company is next to impossible when itââ¬â¢s so closely tied to their private beliefs such as the members of the Queensland public sector. In order to move from a hierarchical process model of an organization to a more flexible and change oriented one, organizations must first understand their employees preferred organizational structure, and then create a corporate culture which employees can slowly get accustom to. In the case of six organizations in the Queensland public sector, the transformation required a culture change from the ââ¬Å"Mechanisticâ⬠to ââ¬ËOrganicâ⬠organizational structure and this should have been done very slowly only after understanding the values of those involved. One easy way to get this information is to have employees perform a self-assessment. Because ââ¬Å"a corporate culture is influenced by the industry in which the organization operatesâ⬠, outside factors such as political control have to be considered in a path taken to change employees assumptions, values, and artifacts (McGraw-Hill Companies, 2002-2009). Before an organization can move from a hierarchical process to a more flexible one employees must understand the benefits of shifting their culture from ââ¬Å"controlâ⬠to ââ¬Å"performanceâ⬠, where their input is valued. Through our research and critical analysis of the six organizations in the Queensland public sector, it is evident to us that the paradigm public organizations are functioning in will not change easily. Though the employees have to be able to accept change and shift, employers must understand that the need to create an environment that fosters a corporate cultural environment is vital. Change is inevitable but a positive response to the change is not. Without the strategic planning of organizational leaders, we will continue to see results like we saw with the six organizations in Queensland; the entire organization has to be a part of the implementation, intimately, in order for it to be effective. Unfortunately, when employees of any organization settle for the ââ¬Å"norm,â⬠they will not only resist change but they will fear it.
Judicial Precedent Is Best Understood as a Practice
Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court, it provides guidance to the judges when they apply case precedents. It also provides certainty, consistency and clarity in the application of precedents. The rule is that judges should decide like cases in like manner. It is a decision of the court used as a source for future decision making. This is known as stare decisis and by which precedents are authoritative and binding and must be followed. Doctrine of precedent or stare decisis, this item is from the latin phrase ââ¬Å"stare decisis et non quieta movereâ⬠, means to stand by decisions and not disturb that which is settled. The doctrine of binding precedent based on stare decisis, that is standing by previous decisions. Once a point of law has been decided in a particular case, that law must applied in all future cases containing the same material facts. For example in the case of Donughue v Stevenson (1932) AC 562. The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Knitting Mills (1936) AC 85. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future case containing the same material facts. Besides, the obiter dicta is things stated in the course of a judgment which are not necessary for the decision. The decision of the judge may fall into two parts, the ratio decidendi means reason for the decision. The ratio decidendi in a case is the principle of law on which a decision is based. When a judge delivers judgment in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason. Besides, obiter dictum means something said by the way. The judge may go on to speculate about what his decision would or might have been if the facts of the case had been different. The binding part of a judicial decision is the ratio decidendi. An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in the original case. However, an obiter dictum may be of persuasive authority in later cases. For example, in the case Donoghue v Stevenson (1932), the house of lords held that a manufacturer owed a duty of care to the consumer that products are safe because the circumstances prevented the consumer from discovering any defects. This is a ration decidendi and lord Atkinââ¬â¢s ââ¬Å"neighbour testâ⬠was obiter. Where there is no existing precedent, the court will declare the law and the case will become an original precedent, example, in the case Airedale NHS Trust v Bland (1993) HL, where the courts were asked to decide if food and treatment could be lawfully withdrawn from a patient in a persistent vegetative state, and thus allowed to die. The concept of ratio decidendi tries to link the competing aims of the notion of rule of law, ie, the requirement of certainty in the application of law and flexibility in the development of law within the legal system. To identify the ratio in a case, Professor Goodhart (1931), set out a method of identifying the ratio decidendi as the ratio is derived from the application of the law to the facts that were treated as material by the judge in his decision and generalising them to make a principle. Besides that the principle of the case is found by taking account of the facts treated by the judge as material ; and his or her decision as based on them. The principle is therefore a formula, which the facts fit, and the facts provide a specific instance or example of the application of the principle. However, Professor Julius Stone (1959) argued that Goodhartââ¬â¢s theory was prescriptive rather than being descriptive of actual practice. In Stoneââ¬â¢s analysis, the ratio of a case is part of a legal category of indeterminate reference or concealed multiple reference. The facts of a case precedent are able to be material under a wide range of fact descriptions, but any given decision was open to a succession of subsequent judicial reformulations of the prior decision. So, the question for the later court is the analogical relevance of the prior case holding to the later case, thus requiring the later court to choose between possibilities presented by the earlier case. This gives us a picture of radical indeterminacy . This is because the later courts appear to have great freedom in reinterpreting the actual ratio of the certain case. Stoneââ¬â¢s approach is considered as a rather radical scepticism towards the concept of ratio. Consequence of the indeterminacy of the ratio is the difficulty in identifying the ratio of a case actually provides the English common law system the flexibility when case law is applied and its subsequent development through the courts. From Cross (1991) who argues ââ¬Å"it is impossible to devise formulate for determining the ratio decidendi of a caseâ⬠, but ââ¬Ëthis does not mean it is impossible to give a tolerably accurate description of what lawyers mean when they use the expressionââ¬â¢. Consequently, courts have a great deal of choice in reformulating and interpreting law. In his work on legal reasoning , Neil MacCormick (1987) makes the point that often the ratio of a case can only be determined in light of what judges subsequently make of it. In conclusion, the discussion above have gone to establish that the doctrine of binding precedent is nothing more than a practice of the English judiciary. As a judicial practice, the doctrine provides a guide to judges on how case precedents are to be applied in courts. If the doctrine is avoided or not allowed, there are no legal sanctions or consequences. At worst, if there is a rampart ignoring of the doctrine by the courts, the outcome will be uncertainty and instability in the common law and its development.
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