The Religious Democracy And Its Theocracy Politics Essay

The Religious Democracy And Its Theocracy Politics Essay The outbreaks of the late 20th century were especially notable in light of the Western assumption that less developed countries would naturally secularize their politics and culture as they modernized their society and economy. Instead, rapidly developing Iran succumbed in 11 February 1979 to a religious revolution led by Imam Khomeini. Soon after, an interim government in Tehran gave way to a political form of government in early 1980 that made so many changes in its policies, the most important one was to practice the idea of Islamic Republic in which the government was to wed with religion of Shiite Islam indissolubly. However, there exist different and even contending conceptions as to what form actually it is. Some argue that the form of Islamic Republic is just a theocracy  [1]  and some others has recognized the constitutional theocratic character of the regime.  [2]  Some argue that theocracy as the kingdom of God on earth has not fully realized yet and thus prior to this full realization, theocracy can coexist with any transitory system of human government. This coexisted or combined form of government is an ecclesiocracy that seek to give the human religious hierarchy absolute control over the political power of a state.  [3]  Whereas to another one, theocracy can occur in any society where a powerful religious group or combination of religious groups has/have the decisive voice in a ruling political or judicial system.  [4]   On the contrary, some believe that the Islamic Republic is just one kind among so many democracies  [5]  or one of the most democratic states.  [6]  Even the US officials who used to oppose the new Islamic Regime in the past 23 years, now insist that there are some democratic characteristics found in there.  [7]  There are also others who observe it as a totalitarian tyranny, an absolutist autocracy, oligarchy or even all clerical oligarchy and call Islamic Republic a clerical regime.  [8]   What I am going to argue here is that on the path of human development towards perfection and human felicity throughout human society, the Islamic Republic in Iran has brought a kind of mixed or combined form of government that includes the best characteristics of various forms prescribed by the Islamic principles and norms and the current practices that may ensure the active and broad participation of all segments of society in the process of social development, as explicitly mentioned in its Constitutional Law. Forms of Governments Most of the key words commonly used to describe forms of governments, such as monarchy, oligarchy, and democracy, are of Greek or Roman origin. The central question of politics in all these was always the same: the distribution of power among the citizens so that freedom and happiness is best preserved and defined. Plato believed that the object of politics was virtue, and that only a few would ever thoroughly understand the science, which believed to contemplate all truth and all existence by which virtue could be attained and only these trained few, then, should rule. To his view the best was the form in which kings are philosophers or philosophers are kings which could be either monarchy or aristocracy but the fundamental laws of the State will be maintained. To this perfect ideal of just and good succeeds different forms of oligarchy, democracy, tyranny after which Plato added some other intermediate forms of government but all these are nondescripts and may be found equally amon g Hellenes and among barbarians.  [9]   But his pupil, Aristotle, gave another classification of the forms of government. To him the government which is the supreme authority in states could be in the hands of one, or of a few, or of the many and based on the purpose of a state, it may seek either the common interest or the private interest. Accordingly there would be three (not one) true forms of à ¢Ã¢â€š ¬Ã‚ ¦ kingship or royalty, aristocracy à ¢Ã¢â€š ¬Ã‚ ¦ or à ¢Ã¢â€š ¬Ã‚ ¦ a constitution and three perversions that are tyranny à ¢Ã¢â€š ¬Ã‚ ¦ oligarchy, [or] à ¢Ã¢â€š ¬Ã‚ ¦ democracy.  [10]  In analyzing various forms of governments of the time, Aristotle, however, came to this notion that the whole system of government tends to be neither democracy nor oligarchy, but something in a mean between them.  [11]   This combination form of government could be seen in the new monarchy of Macedon arose and mounted in the battle against Sparta and Athens (338 BC) and also in Rome that emerged as the strongest state in the Mediterranean after the victory of Hannibal at Zama (202 BC). The Greek historian Polybius, who chronicled Romes rise, suggested that its constitution was such a success because it was a judicious blend of monarchy, aristocracy, and democracy. The Romans, a conservative, practical people, showed what they thought of such abstractions by speaking only of an unanalyzed public thingres publicaand thus gave a new word to politics. From then onward various combined or blend forms governments were set up every where in the world. Justinian, the greatest of the eastern Roman emperors, in the 6th century, Charlemagne, king of the Franks, in 800, and later centuries the dynasties of Hohenstaufen and Habsburg so, as late as the 19th century, did Napoleon Bonaparte tried to restore the empire though none were succeeded. In the 7th century the Arab Muslims defeated the first of the two great powers of the time and conquered quite many parts of the second in North Africa and Spain. Beside to the strong monarchies that gradually developed almost everywhere in the world, various institutions and social classes were to fill the gap too. The church and the mosque, against enormous odds, had kept the light of religion and learning alive and spread what was left of Roman and Islamic civilization into modern city-states. Military aristocracy called nobiles in the Roman fashion and appropriated various late imperial titles suc h as comes (count), dux (duke) and khans have also effective powers. This dynamism in European society and elsewhere in the world prevented it from setting permanently into this or any other form and pattern even in the most characteristic governmental form of the modern world, the nation-state. The application of the principle of parliamentary representation together with the concepts of divine, natural, and customary law as a restraint on the exercise of power besides some other fundamental occurrences of the Enlightenment and the Renaissance, the Reformation, the discovery of America and the American and French revolutions caused a new form of government known as modern democracy which is quite different from that of old Greek. The modern democracy repudiated the divine right of kings, the ascendancy of the nobility and the privileges of the Roman Catholic Church. Equality before the law was to replace the system of privileges that characterized the old regimes and judicial procedures were insisted upon to prevent abuses by the king or his administration. By destroying the monarchy, a republic was set up and its centuries-old labours were crowned. Now in the name of rationality, liberty, and equality (fraternity is not a foremost concern anymore), the nation makes the que st its own. Free election of government bodies under (eventual) universal suffrage, competition for office through organized and permanent parties, freedom of speech and the press, and the rule of law together with greater influence for the working classes, women and foreigners are common in all three basic senses of a form of government either as direct, representative or constitutional (liberal) democracy. Theocracy, too, derived from two Greek words meaning rule by the deity, was the name given to political regimes that claim to represent the Divine on earth both directly and immediately. Most governments throughout history and across cultures have claimed to be following their gods designs or to be legitimated by a divine mandate. The kings in a number of ancient civilizations had been worshipped as gods on earth so, by definition, the king could not be wrong and in a number of others the Gods prophets or theologically trained elites were the rulers on behalf of Him and rule by divine right. As the holly books, archaeologists, and historians show, the ancient Hebrews, Tibetans, and Egyptians lived in theocracies for some of their history. Theocracies are also found within the three great heavenly faiths of Judaism, Christianity, and Islam as well as Hinduism and Buddhism. Some examples are Jesus message of the dawning of the Kingdom of God, and not anyone else  [12]  or the fulfilment on Earth of Gods will as the central theme of Jesus teaching, and his expressly rejection of any collaboration with the Roman emperor,  [13]  the community established by the prophet Muhammad in Medina in 622, and ruled by him until his passing away in 632,  [14]  the Papal States under various popes whose purpose was to manage worldwide Catholicism, fundamentalism as seen within modern Judaism of Gush Emunim and the Haredim  [15]  , within Christianity of Jehovahs Witnesses, within Protestant Christians of Evangelicals and some political action groups,  [16]  within Hin du nationalists in India, Sikh radicals in Punjab, and Buddhist militants in Sri Lanka, within Sunni Muslims in the political activities of Muslim Brotherhood. The more important one within Shiite Islam is the Islamic Republic of Iran, during which a Shiite teaching retrieved and developed into a politically useful doctrine: the Rule of the Jurist. Religious Democracy The form of government in revolutionary Iran is neither a sole theocracy in which people have no say in their political destiny nor a sole democracy in which peoples vote can change every thing from the bottom to the top of the political hierarchy whenever they wish. Rather, as the official name of the Islamic Republic illustrates, it is a combination of all forms of government previously known especially both these two particular forms: theocracy and democracy and in some parts quite different from both sole of them, if one can find or even imagine. The characteristic of this combined form of government and the major building block of the Islamic regime in Iran, as explicitly stated in several articles of the Constitution and the spirit surrounding it, is based on two pillars. One pillar is that of inspired by Imam Khomeinis notion of the Absolute Rule of the Jurist (Velayat-e Motlaqeh-e Faqih) by which the leading cleric has no limitation over society and politics and he is the one last position that can make the decisions to the benefit of all citizens. He is elected by the whole people in an uprising like what happened in February 1979 that led to the leadership of Imam Khomeini or by the Assembly of Experts (the representatives of people mostly clerics) through a popular suffrage of both sexes of 15 years and more like what happened in the nomination of Ayatollah Khamenei in June 1989. The ruling jurist is just one nominee among so many other theologians and according to Shiite tradition, and is identified as the successor o f the 12th Imam. The latter kind of election is similar to the election of the US president by the Electoral College. Standing at the top of the political hierarchy as the Supreme Leader and equal with others against the law, the ruling jurist supervises the three branches of the government. The regular armed forces, the Islamic Guards Corps, the police, and the radio and television network are under his command and he determines the direction of foreign policy and any other whole compassing or general policy. He appoints the Supreme Judges, has the power to dismiss the elected President, and selects the six jurists of the twelve-member Council of Guardians. The second pillar is the democratic institutions that have been well incorporated in the Constitution. Under section The Form of Government in Islam, the preamble of the Constitution reads that the government does not derive from the interests of a class, nor does it serve the domination of an individual or a group. It expressly asserts that: à ¢Ã¢â€š ¬Ã‚ ¦ Government à ¢Ã¢â€š ¬Ã‚ ¦ represents the fulfillment of the political ideal of a people who bear a common faith and common outlook, taking an organized form in order to initiate the process of intellectual and ideological evolution towards the final goal, i.e., movement towards Allah [God]. à ¢Ã¢â€š ¬Ã‚ ¦ The Constitution guarantees the rejection of all forms of intellectual and social tyranny and economic monopoly, and aims at entrusting the destinies of the people to the people themselves in order to break completely with the system of oppression. (This is in accordance with the Quranic verse He removes from them their burdens of the fetters that were upon them.  [17]   The Constitution devotes Chapter 5 including six articles to the Right of National Sovereignty and the Powers Deriving there from and explains the fact that the Iranian people have a lot say in the management of their country and how every one of them is the master of his own social destiny. The National Sovereignty is considered a divine right dedicated from Absolute sovereignty of God over the world and man and should never been deprived or subordinated to the vested interests of a particular individual or group. (Article 56) Separation of Powers into three independent ones of legislature, judiciary, and executive functioning under the supervision of the absolute religious Leader and the Leadership of the Ummah, in accordance with the forthcoming articles of this Constitution has been accepted in Article 57. Direct recourse to popular vote through a referendum, as a function of the legislature, is also anticipated by Article 59 for cases of extremely important economic, political, social, and cultural matters. The Islamic Consultative Assembly, as national assembly, is constituted by the representatives of the people elected directly and by secret ballot (Article 62) and has the power to establish laws on all matters (Article 71) and has the right to investigate and examine all the affairs of the country (Article 76) including a vote of confidence or a vote of no confidence to the Council of Ministers (Articles 87-88) and can interpellate the Council of Ministers or an individual Minister or even the President. (Article 89) In this way not only the national executive power, but all local governments of provinces, cities, divisions, villages and other officials appointed by the government must abide by all decisions taken by the councils (Article 103) elected by the people of the locality in question. (Article 100) Democratic concepts such as equality before the law, rights of life, liberty and the pursuit of happiness, freedom of belief, conscience, association, assembly and the press, secrecy of communication, recourse to the courts, respect for minority and womens rights, economic development, and social justice are all explicitly expressed in Chapter 3 (Articles 19-43) of the Constitution and several guarantees have been given to succeed. The judiciary as an independent power and the protector of the rights of the individual and society is one of these important guarantees. Concerning status and duties of the Judiciary, Article 156 reads such: The judiciary is à ¢Ã¢â€š ¬Ã‚ ¦ responsible for the implementation of justice, and entrusted with à ¢Ã¢â€š ¬Ã‚ ¦ investigating and passing judgement on grievances, violations of rights, and complaints; the resolution of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine; restoring public rights and promoting justice and legitimate freedoms; supervising the proper enforcement of laws; uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the Islamic penal code; and taking suitable measures to prevent the occurrence of crime and to reform criminals. The concept of Velayat-e Amr va Imamat-e Mostamir (rule by the leader and the perpetual leadership), according to the preamble of the Constitution is another such guarantees of those democratic rights in which an all qualified and trustworthy jurist, recognized as leader by the people, is to prevent any deviation by the various organs of State from their essential Islamic duties. Article 107 too asserts that the Jurist is an elected one either by recognition and acceptance as marji and Leader by a decisive majority of the people as happened for Imam Khomeini, the founder of the Islamic Republic of Iran, or by the Assembly of Experts which is also elected by the people. The Experts are to review and consult among themselves concerning all the fuqaha (jurists) possessing the qualifications specified in Articles 5 and 109 namely scholarship à ¢Ã¢â€š ¬Ã‚ ¦ in different fields of  fiqh, Justice and piety à ¢Ã¢â€š ¬Ã‚ ¦ right political and social perspicacity, prudence, courage, admini strative facilities and adequate capability for leadership. (Article 109) The Article adds that in case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference. It is true that the Supreme Religious Leader is at the top of the government hierarchy and can make final decisions of general policies but it is only if in accordance with the à ¢Ã¢â€š ¬Ã‚ ¦ articles of this Constitution (Article 57) and after consultation with the Nations Exigency Council that consists of the heads of the three branches and some other relative cabinet and Parliament members, all Council of Guardians members, and a few more experts (Article 112) to which some heads of different parties and political fractions are added in action. When the revision of the Constitution comes, as Article 177 expresses, some contents are unalterable among them the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria and the religious footing; à ¢Ã¢â€š ¬Ã‚ ¦ the democratic character of the government; the Velayat-e Amr the Imamate of Ummah; and the administration of the affairs of the country based on national referenda. In so doing, the government in Iran is quite different from dictatorship or tyranny in which one person or a small group possesses absolute power without effective constitutional limitations. The religious democracy is thus a form of government which links religion and peoples beliefs to their will and wishes. There seems no conflict in its dual legitimacy of the Islamic Republic or any juxtaposition between popular sovereignty of the president or parliament and supervision of the ruling jurist. The letter of the constitution asserts on the equality of the two pillars in order to get the goal which is virtue, happiness and as a whole the movement toward God Almighty. In theory too, as Poul Weber has noted, there is no reason why a theocracy and a democratic form of government are incompatiblevox populi, vox dei (the voice of the people is the voice of God),  [18]  a combination that seems possible and rational for Peter Schmid to conclude that because Islam is compatible with both secularism and democracy, a religious democracy is in Irans future.  [19]  According to Soroushs theory of Contraction and Expansion of Religious Interpretation too, secularism and democracy not only do not threaten religion but also they merely help to increase the understanding of religion and all are complementary, for the religious understanding is merely a variety of human understanding.  [20]  Soroush continues in an interview that: There is no single God-given shape for Islamic government The system of Velayat-e Faqih, introduced by Ayatollah Ruhollah Khomeini after the 1979 Islamic Revolution, is an anachronism Though religion itself is sacred, its interpretation is not sacred and therefore it is criticizable, modifiable, refinable, and redefinable.  [21]   One may ask why a sole theocracy or a sole democracy is not favourable or even desirable among the majority of Iranian Muslims and why we need such a combination. The answer is that theocracy as an absolute sovereignty of God to the will of man and the state is far from our hands because we are sometimes unable to understand the true Gods will and commandment. Such understanding and knowledge requires long preparation, several degrees of training, and education People are not able to comprehend Gods will through the explanations contained in the Quran and the Sunna. Acquiring such comprehension requires several years of studies and much effort.  [22]  And in some other times we are unwilling to surrender to His will and law, and to implement His orders in our daily life for virtue need much much effort, deprivation, and abnegation.  [23]   Furthermore when they do gain power, theocracies tend to be short lived for a number of reasons, some internal to the regime and others external to it. Internally, clerics trained in religious dogma and jurisprudence, are rarely skilled in political, economic and other social matters and have difficulty maintaining a complex modern society. When corruption occurs among government officials, ensuing scandals undermine religion as well as politics if those officials are also clerics. Resentment grows among the nonclerical populace when religious laws seem arbitrary or excessively strict and are enforced through civil power. Religious taxes, imposed on top of other taxes, especially in times of economic hardship, cause added resentment. Finally, clerics who presume to speak in the name of the Divinity have difficulty engaging in normal compromises so essential for political effectiveness. Such compromises may even seem to them to be immoral or sinful. Finally, in states controlled by on e or no party, which theocracies tend to be, police are often tempted to resort to brutality and other harsh measures that undermine the legitimacy of the regime. Externally, rulers in other nations often fear the exportation of religious dogma backed by political power and move to isolate a theocratic regime. And because secular cultures from outside can exert a constant seductive influence on young people through music, arts, clothes, and movies, and infuse them with political ideas of freedom, democracy, and equality, a theocratic regime is inclined to limit contact with the outside world. Such actions increase isolation of the country but often lead to a fascination with the outside and an underground opposition to the regime. Such conditions are not conducive to longevity, and theocracies rarely outlive their founding generation. The sole democracy is not the best form of government either. That is why you see different types of democratic governments in the world. Even Great Britain and the United States, nations with relatively similar cultures, politics, and economies, have developed significantly different forms of democracy. Besides, many governments today (around 140 out of 191 states) in the most parts of the world claim to be democratic in the ascendant. Numerous authoritarian and totalitarian states, notably the communist nations of the 20th century, had also adopted outwardly democratic governments that nonetheless were dominated by a single authorized party with no opposition. States with Marxist ideologies asserted that political consensus and collective ownership of the means of production (i.e., economic democracy) were sufficient to ensure that the will of the people would be carried out. Moreover, there are some elements still threatening the existence of this democracy: class conflicts muted rather than resolved, nationalism still distorted voters judgments in matters of foreign policy, demagogues abounded as much as they ever did in ancient Athens, and many politicians were corrupt. Furthermore democracy places high value on the freedom of the individual and generally stresses the self-directed, self-contained, and comparatively unrestrained individual or ego. This characteristic as Alexis de Tocqueville described is a kind of moderate selfishness, disposing human beings to be concerned only with their own small circle of family and friends. Conclusion It is right that in some cases (such as Egyptian nationalism, Taliban imposition of sharia in Afghanistan and Saddam Husseins holy war in 1991 and 2003) we may find some unclear forms of government which claimed to establish a true theocratic or democratic form of government but failed to do so, or some tried to use religious rhetoric, symbolism, and values for nationalistic purposes, or religious ideals may be used to win popular support for liberation from foreign domination, from an autocratic ruling elite or to encourage economic renewal, but one can surely find some historical and contemporary examples to support a true combination of different forms of government as the Islamic Republic in Iran was a combination of such ideals and facts. This form of Iranian government is neither a sole theocracy or ecclesiocracy nor an oligarchy either clerical or financial or military, nor a sole democracy of its any kinds but a political order between them all: the head of the state elected indirectly on a universal suffrage is not a philosopher who claims to know the truth from the false out of any way he can, but he should be a Islamist jurist prudent that obliges himself to explore the Shiite cannon law and seek to find the truth out of sharia and should think and function in the interest of the whole people not himself or any particular fraction. As the people try to elect the best as their rulers, the aristocratic element is also present in this regime. There are lots of legal conditions and qualifications for peoples representatives and heads of governmental departments that only part of the well educated and qualified bureaucrats can hold the official positions. For these reasons, aristocracy, in a more objective sense, mea ns the upper layer of a stratified group. Thus, the upper ranks of the government form both legally and factually- the political aristocracy of the state. The principles of the constitution distribute the powers and make the government and its rulers constitutional and obliged to uphold the Constitution. This form is thus quite different from any given sole form of government. Additional References Web Sites Home http://www.God.com http://www.iranonline.com/iran/iran-info/Government/constitution.html http://www.oefre.unibe.ch/law/icl/ir00t___.html http://www.religioustolerance.org http://www.rulers.org/ http://www.secularislam.org http://www.usinfo.state.gov http://www.watchtower.org http://www/dictionary.com/religion Books Dahl Robert A., Who Governs? Democracy and Power in an American City, (New Haven: Yale University Press, 1963) Kepel, Gilles. The Revenge of God: The Resurgence of Islam, Christianity, and Judaism in the Modern World, (University Park: Pennsylvania State University Press, 1994) Levine Andrew, Liberal Democracy: A Critique of Its Theory, (New York: Columbia University Press, 1981) Sisk Timothy D., Islam and Democracy (Washington D.C.: United States Institute of Peace Press, 1992) Sprinzak, Ehud. The Ascendance of Israels Radical Right, (New York: Oxford University Press, 1991) Tocqueville Alexis de, Democracy in America (New York: Harper and Row, 1996) Weiler Gershon, Jewish Theocracy (Leiden: Brill, 1988) Wright Robin, The Last Great Revolution, (New York: Vintage Books, 2001) Articles Cooper Julie E., Is There a Jewish Political Tradition? (Book Review), Tikkun, July, 2001 >http://www.findarticles.com Dawson Lorne L., Anti-modernism, modernism, and postmodernism: struggling with the cultural significance of new religious movements, Sociology of Religion, Summer, 1998 >http://www.findarticles.com Mohit Morteza, Background to the Parliamentary Elections in Iran, Monthly Review, March, 2001 >http://www.findarticles.com

Mergers and Acquisitions: American Airlines Merges With Rival US Airways Essay

Successful corporations in business are always seeking different ways to improve their position in their respective areas of operation. Mergers and acquisitions have been proven to be a way to do just that. A merger is simply defined as two companies joining to make a new company, whereas an acquisition occurs when one company outright purchases another company. Mergers and Acquisitions are considered as the important growth strategy for companies to satisfy the increasing demands of various stakeholders (Krishnamurti and Vishwanath, 2010). Why Merge? AMR Corporation, the parent company of American Airlines, announced plans to merge with US Airways Group in February, 2013. This came after the corporation had previously filed for Chapter 11 bankruptcy protection in November 2011. (Isidore, Chris) The resulting merger created the largest airliner in the world. The companies officially formed the new American Airlines Group Inc. on December 9, 2013. (Air Transport World, Jan 2014) Doug Parker, previously the CEO of US Airways, and now CEO of the new American, stated: â€Å"We are taking the best of both US Airways and American Airlines to create a formidable competitor, better positioned to deliver for all of our stake holders. We look forward to integrating our companies quickly and efficiently so the significant benefits of the merger can be realized.† (Air Transport World, Jan 2014) That statement proves that the merger was formed for two reasons: money, and power. Both companies were losing in the passenger air transportation field to other companies that had recently merged. Merging would allow both companies to expand their resources and add routes and terminals together that were previously reserved to each individually prior to the combination. US Airways brings  access to smaller US cities, whereas American Airlines has a large presence internationally, particularly London and Latin America (What the American Airlines/US Airways Merger Will Mean for You, 2013). American Airlines showed the want and need for money after it almost collapsed in bankruptcy. The merger of the two corporations was an example of a horizontal integration. This is defined by Investopedia.com as a merger or acquisition of additional business activities on the same level of the value chain in similar or different industries, and can be achieved by internal or external expansion. The airline industry has changed drastically over the past decade with mergers of almost every major airline: Delta & Northwest; United & Continental; and Southwest & AirTran. These mergers created a new landscape in which the tables were tilted against both US Airways and American Airlines. It was a necessity that the two join forces in order to stay be competitive and stay afloat against the other recently formed mega-airlines. Those mergers also created an opportunity for revenue growth in the ticket pricing arena. The price of a domestic round-trip ticket prices has climbed nearly 15% since 2009 due to inflation. The merger will give American and US Airways the ability to increase fares with the addition of both companies pre-existing routes and terminals. What were the significant effects of the merger? In order to be a success, a merger must provide all parties involved some significant increase in benefit. This merger is not exempt from that statement. Dailyfinance.com (2013) states that a key reason for the merger between American and US Airways is to link both airlines’ networks, creating a system on par with Delta Air Lines and United. The combination of the two results in more than 6,700 daily flights to 336 destinations in 56 countries. This network will allow passengers to fly around the world without the need to make the often exhausting connections that they were subjected to pre-merger. The merger also created an instant increase in stock prices. Shares of the combined company rose 2.7%. This in itself is a good start for a company in the post-bankruptcy period. The restructuring and merging will repay AMR’s creditors with interest and give its unions and common holders a large share of equity in the new company. (Susan Carey & Jack Nicas, 2013) Resulting Organizational Structure of the Post-Merger  Company By combining two previously fully operational companies, the organizational structure will be more complex, at the least, than it was before. As a result of the merger, American Airlines Group, Inc. now has combined workforce of 110,000 people along-side a fleet of 1,511 aircraft (Bohemer, 2013). Organizing such a large workforce creates a challenge that requires a leader capable of handling that task. The company is now lead by Chief Executive Officer W. Douglas Parker, the former CEO and chairman of US Airways. Parker has proven leadership ability, presiding over the merger of US Airways and America West Airlines in 2005. He also oversaw the company during a time of record revenue growth and increased profit margins. Outgoing CEO Tom Horton was in that position from 2011 through 2013, leading the company through the merger before handing the reins over to Parker. Parker appears to have an edge on leading and team building, having going through an airline merger previously. His ability to increase profit and company wealth makes him the obvious choice to lead the new corporation. Although the merger has become final, the two companies will still operate as separate entities for the foreseeable future. This will allow the companies more time to put together the large structure and make proper decisions to ensure for smooth operations in the future. They benefit from not being the first airlines of their sizes to make this transition, as the mergers of Delta and Northwest and United and Continental have sort of created a path of what needs to be done in order to be a successful merger. The structure combined employees from both airlines, which builds unity and shows that the company is committed to moving forward together, not just to come in and take over. This is a good technique that more companies should adopt. Along with the physical structure change of the new American Airlines Group, there will also be changes that affect the consumers. Frequent Flyer miles will be able to be used interchangeably with either American Airlines or US Airways flights. Customers will be allowed to accrue mileage from either airlines. AA.com (n.d.) lists several benefits that AAdvantage members will be afforded with US Airlines, and vice versa. There are also gate changes that affect customers and employees, as seen with the closing of US Airways Pittsburgh Terminal. In an interview with the Pittsburgh Post Gazette, Spokesman Todd Lehmacher said â€Å"US Airways says most of the 600 employees at the Pittsburgh center will be given the option to  relocate to Texas, though it acknowledged it doesn’t expect all of them to do so. Those who chose not to go will be given a severance package.†(Mutzabaugh, 2014) Having lived in the Pittsburgh area for years, actually within a few miles of the airport, I know that the pullback will greatly affect the local economy. Human Resources Management Practices Anytime you combine two separate companies into one, there will be differences to iron out. Corporate culture will undoubtedly be one of the many Human resource challenges that the merger will have to overcome. Organizational cultural differences have been negatively associated with various accounting measures and stock market value following domestic M&As. (Webber & Drori, 2011) Being that the companies have similar duties and responsibilities, it should not be too difficult to work through these issues. There may be past practices at each company that will have to be adjusted in order to make the transition smooth. Merging also presented the opportunity to increase employee pay and benefits packages, which would be in line with the other large airlines. With the expected increased revenue, there would be more funds to share amongst the employees and shareholders. In behind the scenes meetings, Parker secretly negotiated deals with American’s three main unions, creating †Å"provisional contracts† that would give American’s workers far better pay and work rules. (Tully, 2013) These negotiations gave the union’s reason to buy into and promote the merger. Conclusion While the merger between these two airline giants did not go without hiccup, they were in a better position to make the transition due to a need to by American Airlines and a want to by US Airways. American appears to be the winner of the merger by coming out of bankruptcy, maintaining their company, and expanding their routes and terminals. The merger was finalized on December 9, 2013 References Krishnamurti, C., & Vishwanath, S. R. (2010). Mergers, Acquisitions, and Corporate Restructuring. South Asian Journal of Management, 17(2), 169-171. American Airlines, US Airways close merger to create world’s largest airline. (2014). Air Transport World, 51(1), 8. Boehmer, J. (2013). Merger Planning Underway As American, US Airways Embark On Long Journey. Business Travel News, 30(7), 28. What the American Airlines/US Airways Merger Will Mean For You. (2013, November 12). Daily Finance. Retrieved from http://www.dailyfinance.com/2013/12/12/us-airways-american-airlines-merger-consumer-impact American Airlines, US Airways Complete Merger (2013.). The Wall Street Journal. Retrieved from http://online.wsj.com/news/articles/ W. Douglas Parker. (n.d.). US Airways. Retrieved from http://www.usairways.com/EN-US/ABOUTUS/PRESSROOM/BIOS/PARKER.HTML Weber, Y., & Drori, I. (2011). Integrating Organizational and Human Behavior Perspectives on Mergers and Acquisitions. International Studies of Management & Organization, 41(3), 76-95. Tully, S. (2013, March 18). Inside the World’s Biggest Airline Merger. Fortune, 167, 169.

A Review of Argumentative Essay Topics for Beijing Smog

A Review of Argumentative Essay Topics for Beijing Smog If you're thinking that you will need a person to compose my essay at the moment, you can just rely on our honest reviews. The point is you will understand your distinct case deeply and in detail as opposed to in broad, vague terms. When you're picking your topic, bear in mind that it's much simpler to write about something which you currently have interest ineven in case you don't know a great deal about it. 1 man can alter the world. In cities like Riyadh, smog is just amplified on account of the harsh problems. There are lots of things to argue when it has to do with the law. In Saudi Arabia, the air pollution problem is unique in that it's a result of the large automobile business and efforts to tackle the problem must also think of the cultural and location differences in order to repair this dilemma. The issue with the provisions is they cost a great deal of money and the state governments don't want to pay the exorbitant price tags. Argumentative Essay Topics for Beijing Smog and Argumentative Essay Topics for Beijing Smog - The Perfect Combination The review is going to teach you all you will need to understand and then you are able to place your purchase confidently. In case you go through with a tour group, have a bottle of water and a few snacks with youseriously. There's a significant remedy to your issue! It isn't an issue of technology. The Argumentative Essay Topics for Beijing Smog Chronicles You don't need to find super technical with legal argumentative essays, but make sure you do your homework on what the recent laws about your favorite topic actually say. Due to this, many disagree on the way the laws should change (if they ought to change at all) and there are numerous topics to pick from. The very first step is to learn the topic you want to write about. Inside this assignment, you will select a particular topic that makes it possible to understand some element of climate change. In choosing your topic, it's frequently a good notion to start out with a subject which you already have some familiarity with. If you don't have an urge to waste time on choosing the best topic and writing the entire argumentative essay from scratch, don't forget you've a loyal group of professionals by your side. Following are a few simple strategies to lead you in selecting the great persuasive essay topic for you. With the aid of our tips for writing and our interesting collection of topics, you're guaranteed to have a high grade! When it has to do with writing an argumentative essay, the most significant point to do is to select a topic and an argument that you could really get behind. The selection of the topic inside this circumstance is a severe matter it must be vital, socially actual and controversial, so the argument can be developed. Learn which of the topics, you currently have a fairly good background on which will make it possible for you to have a relative edge. It is possible to observe a list of 25 topics you can select from the one which best fits your assignment. You may continue to keep your argumentative essays for your upcoming job portfolio in case they're highly graded. Have a look at our writing services reviews and find out how top rated essay writing companies do the job. What's more, at times the opinions and conclusions from the authors of the relative literatures might be subjective which would help determine the analysis outcomes. For instance, in college, you might be requested to compose a paper from the opposing viewpoint. English language classes usually want a lot of writing. You've got to compose several academic papers over the duration of a year. To begin with, local newspaper papers are sometimes an excellent place to discover interesting argumentative essay topics. Smog can stay for a lengthy moment. Air pollution can be categorized as visible and invisible. Asthma will probably be a long-term effect. Individuals with asthma are way more sensitive to smog. There's evidence that suggests that it may cause some short-term breathing troubles. The longer a person has been exposed to smog, the larger the indicators are. There are lots of difficulties that smog cause.

Psychology vs Common Sense - 1521 Words

To do justice to this paper one must first look at what the two schools of thought are. The word psychology is the combination of two terms – study (ology) and soul (psyche), or mind. The derivation of the word from Latin gives it this clear and obvious meaning. â€Å"Psyche† is defined as: (A) The spirit or soul. (B) The human mind (C) In psychoanalysis, the mind functioning as the centre of thought, emotion, and behavior. Defining â€Å"Soul†, we have: 1. The spiritual or immortal elements in a person. 2. A person’s mental, moral or emotional nature. We can all agree that most of us if not all have a â€Å"psyche† when we look at the above definitions, in the sense of mind, thought, and emotions. Most would also agree that they have a soul, this†¦show more content†¦Conditioning in respect to learning is the careful study of association of stimuli and responses (Atkinson, Atkinson, Smith, Bem and Hoeksema, 1953, p. 227). For example a child learns that striking a sibling will be followed by disapproval from the parents. Trial and error learning involves the task of the learner to select the correct responses from a large repertoire of available responses example learning to ride a bike. There are many situations in which the solution appears suddenly (insight) or in which the organism demonstrates understanding of a problem with little or no previous experience with the exact situation (Fryer, Henry and Sparks, 1954, p. 152). Insight and understanding a sub topic of learning occurs when problems are solvable by grasp of a general principal, relation or method, a new condition, motivation or attack is introduced or the act which solves the problem is unitary, or at least simple. Insight learning is least likely to occur when the task must be accomplished by mastery of a number of part solutions. Another perspective of psychology is the cognitive process referred to all those ways in which the knowledge of the world is attained, retained and used. This theory included thinking, feeling, remembering, making decisions and judgments (Morris and Maisto, 1999, p. 16). In this area it shows different levels of development. According to Piaget Children typicallyShow MoreRelatedRetrospective Analysis of Personality1043 Words   |  5 PagesRetrospective Analysis of Personality Intro to Psychology August 31, 2014 I found doing this paper quite exciting to a certain point, until I really took a moment to glance back into my life and see the changes that have taken place. Through the years I have wondered what made me change my personality towards the way I look at things but now I see why. I drastically made those changes due to the different people and environments I have been. My personality started out as helping anyone I couldRead MoreNature vs. Nurture: a Biblical Perspective1531 Words   |  7 PagesRUNNING TITLE: Nature vs. Nurture Nature vs. Nurture: A Biblical Perspective Ouida Lynne Heath Psychology 101, Module 5 Professor Roberts December 17, 2009 Nature vs. Nurture: A Biblical Perspective The Nature versus Nurture debate has been ongoing for centuries. People have tried to gain power through knowledge in determining what causes the human â€Å"mind to tick.† For centuries leaders and scientists haveRead MoreMotivation And Its Impact On Performance860 Words   |  4 Pagesreason why they are or are not motivated. Natural vs. Rational and Content vs. Process Theory In psychology, there are two different theories of motivation: Natural vs. Rational which is whether the underlying theory is based on natural forces. Meaning, people need a higher power and respond best to punishments and rewards. Content vs. Process is characterized into separate categories, Atherton, J.(2013) describes content as, â€Å"the common-sense angle. It is about taking something at face valueRead MoreNature vs. Nurture: A Biblical Perspective1182 Words   |  5 Pagesbeings and the affecting environment, I am compelled to ask the following questions: 1. What is the history of Nature vs. Nurture? 2. What are the most essential characteristics of this issue? 3. What does the Bible say about Nature vs. Nurture? This review of the literature on Nature vs. Nurture focuses on these three questions. What is the history of Nature vs. Nurture? As I mentioned in my opening, government leaders and scientists have been conducting experiments through theRead MoreEssay on Bystander Effect1079 Words   |  5 Pages Researchers proposed that high public self-awareness would reverse the bystander effect in this study with 2 independent variables which are bystander and presence on the forum. They are defined as number of bystanders (absent vs present) and salience of name (salient vs non-salient) respectively. 86 students are randomly assigned to one of the four conditions in the experiment. Response of participants in the online forum is the operational definition for the dependent variable of helping behaviorRead MoreErik Erikson Essay example1571 Words   |  7 Pagesyear This stage is called infancy (trust vs. mistrust) during this stage if needs are dependably met, infants develop a sense of basic trust. The second stage is called the toddler stage (autonomy vs. shame and doubt). This stage occurs while the baby is two y ears old, in this stage toddlers learn to exercise will do things for themselves, or they doubt their abilities. The third stage is called the preschooler between the ages of three and five (initiative vs. guilt). During this stage preschoolersRead MoreDevelopment and Importance of Self Esteem Essay1722 Words   |  7 PagesIn Psychology Self Esteem is described as the Value or the level of Self Worth that one associates with him/her self. It is viewed as a resolute and enduring characteristic which often leads to the conclusion that it is a set Personality Trait. Self Esteem usually involves positive or negative recognizance of one’s belief’s, attitude, behaviour, emotions and physical appearance. Many teenagers from every culture, socio-economic background country or community suffer with Esteem issues. The mainRead MoreTheoretical Frameworks Of Sociology And Sociological Perspective Essay918 Words   |  4 Pagessociologist, but how they think about it and how they study it. In this essay, I will be discussing theoretical frameworks of sociology; what is sociological perspective, how sociology differs from other disciplines such as history, anthropology or psychology, and how are sociological paradigms are used as ‘tools of the sociologist’ in their analyses of human societies. Firstly, what is sociological perspective? The sociological perspective is the point of view on human behaviour and how societyRead MoreMyers Briggs Type Indicator Is A Personality Inventory1352 Words   |  6 PagesI think using an inventory can tell people a great deal about themselves. Similar to the collection of inventories we have taken in class, they give invaluable insight to the way one works, thinks, and acts. This has basis in my area of study, psychology. I think knowing they way one thinks and communicates can help people reach and expand themselves to make the best, most educated decisions they can. Background The Myers-Briggs Type Indicator is a personality inventory. According to an articleRead MorePyc48111214 Words   |  5 PagesCOMMUNITY AND HEALTH PSYCHOLOGY PYC4811 UNIQUE NO: 536712 ASSIGNMENT 2 STUDENT NO: 48932930 Contents Cover page page 1 Contents page page 2 Introduction page 3 Principles of community psychology page 3/4 The Community

Blink Book Review Essay - 1969 Words

Blink is a book that analyzes the way people make decisions. According to the author, Malcolm Gladwell, people use one of two strategies to come to a decision. The first strategy is a conscious one. When using this strategy, people think about what they have learned and develop an answer. The second is an unconscious strategy in which a persons brain reaches a conclusion in a matter of seconds, often times without awareness. These conclusions are what we generally refer to as hunches or instincts and, it is the development and reliability of these types of conclusions that Gladwell focuses on in this book. In doing so, Gladwell sets out to accomplish three tasks. The first is to prove that decisions made very quickly can be as†¦show more content†¦Now, most members of a board of directors would never admit to having a bias toward tall males. However, this research states otherwise. Most rational people would agree that short people and tall people are equally capabl e of making sound business decisions. However, if this is the case, why is this population of CEOs dominated by a minority of American males? It is Gladwells argument that these types of biases live in the human unconscious and people act on them without even realizing it. From our readings in the text, we have learned that a stereotype is the belief that all members of specific groups share similar traits and behaviors. Gladwells research suggests that, whether knowingly or unknowingly, people who hire for positions of leadership consider height to be a trait of successful people. If managers are to put Gladwells theories into practice, they must abandon a certain degree of top-down decision making. In our textbook, Greenberg defines top-down decision-making as an approach that puts the power to make decisions in the hands of managers, leaving lower level workers with little or no opportunity to make decisions. Gladwell also recognizes that in order for people to make effective split-second decisions, they must be given the right set of inputs. In other words, employees must be properly trained before they can trust their instinctive decision making ability. However, once employees have been givenShow MoreRelatedBlink - Book Review1614 Words   |  7 PagesLabour Relations Institute Managing Human Behaviour Assignment Blink by Malcolm Gladwell A book review by Narendran Santhanam (G10031) Contents Introduction 3 A brief summary 3 Evaluation 5 Conclusion 5 Introduction â€Å"Blink† by Malcolm Gladwell is a book about how we think without thinking, about choices that seem to be made in an instant – in the blink of an eye – that actually aren’t as simple as they seem. The book deals with the smallest components of our everyday lives—the contentRead MoreBlink : The Power Of Thinking Without Thinking1724 Words   |  7 PagesMajed Osman ENTR 305 – Creativity and Innovation Book Review October 2015 Blink: The Power of Thinking Without Thinking by Malcolm Gladwell Whilst entering a bar that your friend recommended, a shady looking guy brushes your shoulder and gives you a strange look, you immediately develop a sense of discomfort and question your friend’s taste in bars. What do you do? You decide to walk in anyway and ask for a drink, a stranger then sits next to you and starts to engage in conversation. You are immediatelyRead MoreChaim Potok s Most Prolific Work952 Words   |  4 PagesThe Chosen was Chaim Potok’s most prolific work. Written in the 1960’s, this novel analyzes and discusses the numerous branches of Judaism through the eyes of a young man, Reuven. 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It looks like a large city way ahead of the technology we have in Quincy. A low grey haze surrounds the city. Lifeforms of every color and shape are everywhere, flying in the sky, hovering on hoverboards, on the metallic strip where a open train faster than a bullet train zooms by. In the middle of the city, the largest building stands. It has a very classical feel to it with large domes and gold edged windows. It has a hypnotizing feeling to it. I startRead MoreThe Good Old Days are Blurred Essay example609 Words   |  3 Pagesanything we desire at the click of a button. At a blink of an eye we are then instantaneously connected to thousands of pictures, articles, videos, books, etc. about our subject of choice such as sports. Furthermore, we not only have the ability to learn from educational documents; but from each other as well. That is, Individuals throughout the years have become more comfortable with sharing their experiences and voicing an opinion such as blogs, reviews, and testimonials. The fact is the Internet providesRead MoreFoster Care and Its Effects Essay1283 Words   |  6 Pagesages end up in the foster care system year after year. Their hardships influence them to feel really depressed and stoic. Many people do not read autobiographies, but the book, Three Little Words by Ashley Rhodes-Courter teaches people about the complications of a first-hand foster child, how the foster care system is, and book reviews of famous authors and well-known magazines, as well. The story gives hope to people who believe there is no way out anymore, and it influences upon the world’s cultureRead MoreThe Problem Of Pop Culture1503 Words   |  7 Pageseffect on one’s self-esteem. Let’s now focus specifically on what these dreaded tests value: rapid cognition. 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As in the Nancy Kerrigan and Tonya HardingRead MoreHow Did The Odessa Steps Sequence Influence The Theory Of Montage1144 Words   |  5 PagesEisenstein believed that meaning within motion pictures is generated by the collision of opposing shots. The power of montage enabled him to manipulate not only the emotional responses of the audience, but also the perception of time. In the book, The Blink of the Eye (2001), film editor Walter Murch said that ‘The visual reality we perceive is a continuous stream of linked images’. Theoretically, Eisenstein challenged this conclusion in soviet cinema and created a media far beyond chronological

Labor Relations Hw Free Essays

In my opinion, the employer now has learned what kind of discrepancies can occur and modify the security issues regarding the remaining medications. Any discrepancies occurred after a â€Å"Just† modification of the rules shall be applied strictly as Intended by the employer. 2. We will write a custom essay sample on Labor Relations Hw or any similar topic only for you Order Now Explain why the relevant provisions of the collective bargaining agreement as applied to the facts of this case dictate the award. I think that it is very natural and obvious that the employer, who is in charge of his company, wants to charge someone of any discrepancy occurred inside his mandarins. Even if there is no exact proof existing, the employer believes that each supervisor must be responsible for their actions and be willing to accept the consequences that come from their own subdivision’s control. For example, let’s say there was a small bug Inside a potato chip bag. The bug could have got Inside the bag In any process during which the potato chip was being made, but the employer must decide one of the suspicious departments for the discrepancy. Let’s say that the employer fired the supervisor of the final packaging vision. Even though all packaging is done by machines and the only daily duty of the packaging division is to identify wrong-packaged bags, the employer has made a decision. If there was a fluoroscopic machine that makes it possible to see inside every bag, then things would have resulted differently, but there wasn’t one and the packaging supervisor was fired due to â€Å"irresponsibility. † This example explained above would be a similar example to why the relevant provisions of the collective bargaining agreement as applied to the facts of he previous case dictate the award. . What actions might the employer or the union has taken to avoid this conflict? I en employer malign nave set up a more strict policy Walt personnel controlling Ana accessing the medications. The total number of keys and a reliable sign-in/out system will be installed. Personnel granted access to the remaining medication will surely receive a proper orientation and training before accessing it. Also, to clarify the unjust â€Å"Just cause† standard, a very detailed warning and penalty will be posted to those committing any discrepancy. How to cite Labor Relations Hw, Papers

A History of English Common Law Essay Example For Students

A History of English Common Law Essay The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen, and he was acknowledged to be the rightful king, but the magnates and such had sworn loyalty to Henrys daughter, Matilda. The entire reign of Stephen, which lasted from 1135 to 1154, was spent fighting with Matilda and her French husband. Upon Stephens death the son of Matilda, Henry II, became king in 1154.It was from here on that the King started to take noticeable interest in the dealings of the court system, and put in to place a royal system instead of allowing the lords to deal with all matters in feudal courts.1 According to F. W. Maitland, The reign of Henry II is of supreme importance in the history of our law, and its importance is due to the action of the central power, to reforms ordained by the king. He was forever busy with new devices for enforcing the law. The term common is used because the laws established are just that, common to eve ry jurisdiction and administered through a central court.2 When Innocent III ruled, the term was used in the church as well as in the royal courts to distinguish ordinary law from the law applicable to particular provincial churches.3 The term common also stems from the fact that the law was characterized by processes of categorization and routinization, in particular the routine royal treatment of a wide range of cases.4 Arthur Hogue sums up the common law by using two opposite views. What the common law is not, and what it is. He says The common law is not a written code. the principles of common law have always eluded complete embodiment in any code or collection of writings. Judicial decision recorded on the plea rolls of the common-law courts, declaratory statures, and learned treatises on the common law may all express the principles of the common law, but these writings never comprise its totality.5Another rule that does not apply to the common law is that the common law does not apply to a single group, for example the church. Therefore it is unlike the canon law. Third, the common law is not local custom for everyone, and it is not identified along with the rules of any of the local courts. Specialized rules are not part of common law. Rogue goes on to explain what the common law is by using five simple explanations. First, the common law is a body of general rules that apply universally throughout the realm. Second, royal courts enforce the laws. The treatise called Fleta states that the Crown asserted a general responsibility for the judicial work of every secular court in the land. Third, the laws are made in reaction to actual legal controversies, as opposed to the whim of the lawmakers. Fourth, the jury selected becomes increasingly more knowledgeable about the facts and particulars of a certain case. Finally, the supremacy of law is very important to the tradition of common law. All subjects are held responsible for the laws decided, and are all subject to examination. These five principles of common law briefly explain what common law is.6 To differentiate between how the laws of England changed after King Henry II, a comparison of the court system can be used. Local, ecclesiastical, and borough courts decided cases in the old system of English law. Each of these courts could render very different decisions based on the same case and it was acceptable. The common law courts can be listed as Common Pleas, Seignorial courts, Kings Bench, and Exchequer.7The local courts, or courts of the counties, began to lose their importance as the royal courts, the Common Pleas, began to extend jurisdiction. The people of the area created the local courts; the royalty had nothing to do with it, so these new Common Pleas courts took away certain feelings of local pride. Therefore, these common courts were the most difficult to establish, and for many years many of the hundreds and such remained intact to protest the new rule. Local common law courts, referred to as shire courts or hundreds, had irregular schedules and meeting places. Sometimes the courts would meet outside, and other times they would meet in houses or monasteries. In to the thirteenth century, however, a schedule of meetings and meeting places had been established, making it easier to organize and hear pleas. These local courts heard claims that dealt with land, violence and theft, and some ecclesiastical cases.8 The hundreds dealt with and enforced a system of peacekeeping called frankpledge. This body of police consisted of about ten men who swore to be faithful to the king, and swore to bring wrongdoers to him so that they could be punished. The group was collectively known as a tithing. Once a boy reached the age of twelve, he was expected to swear and oath of loyalty and strive to belong to the tithing. Certain men were not included in frankpledge for various reasons. The inhabitants of the forest, clerics, and those under control of lords were not allowed to become part of the tithing. The tithing was a basic form of law enforcement that is similar to the system in modern England. The men are the police, guards, punishers, and examples for the entire area. When one does wrong, he is amerced, or forced to pay a fine or suffer a punishment. When someone who is not a part of the tithing commits a wrong, the entire community is amerced, so it is considered a good to the whole of the community if as many men as possible are allowed to be in tithing.9The seigniorial courts were established for the Lords. The greater men were distinguished from the lower lords in all ways, including the judicial system. The honorial courts were not only a place for the lords pleas to be heard, but were often used as a sort of advising time for the lords to meet and discuss issues with the vassals. The lords generally kept jurisdiction over their own households, but some sought to extend their personal jurisdiction to the actions of any man on t heir property. This type of jurisdiction was commonly referred to as sake and soke. This type of jurisdiction is like that of the hundreds in most ways. Along with sake and soke comes the right of lords to exercise infangentheof, or execution. The hundred courts were not allowed this right.10The Kings Bench court generally deals with the placita coronae, or the pleas of the Crown, criminal cases, and appeals. The appellate branch of this jurisdiction was over the court of Common Pleas. These two courts exercised a joint jurisdiction over civil actions. The King had a choice to sit on the bench with the judges and make decisions, as he did occasionally, hence the term the Kings Bench.11The Court of Exchequer was made of the marshal, the chamberlain, the justiciar, the treasurer, the chancellor, accountants and clerks. These men sat to decide royal financial matters as well as other pleas. This court was basically the only court in Angevin England that could not be ignored anywhere.12 These courts, along with a few others, made up the judicial system that imparted common law. There are differences between the common civil and common criminal laws however, although they are decided in general by these same courts. Henry II was the first to require a jury of indictment. This meant that a jury of men who swore loyalty to the King was responsible for deciding whether or not a man could be guilty of a crime. If the jury decided that he could have committed the wrong, then he was sent to trial. The regular jury was then selected, and usually it consisted of most of the same men from the indictment jury. Once it was decided that this was unfair, a petty jury was selected of different men. These men were often from the same area, as it was expected that they would know something of the occurrence and be better able to make a judgment of truth and fact than someone who had no previous knowledge of the case or who was involved.13Land holding in common law is difficult to classify. The customary framework of the control of land held in fee can easily be divided in to three categories, the first of which is security of tenure.14 If a lord forfeits his lands, or does something to make the King take his lands, the tenants on the land are in danger of losing their usage of the same land. Customarily, a tenant had considerable security in relation to the possible change of a lord. It was believed that the longer a man in good standing held the same land, the better chance he had of keeping the land and not being forced to forfeit it.15The second category of land holding is heritability. After the Norman Conquest, the Normans were accustomed to the idea that the son was the heir to the property, and would always inherit what his father had owned. This idea held true after the conquest and in to the Anglo-Norman period. To ensure the proper land was being inherited, records were kept referring to the gifts of any man to another. Some charters written, howev er, were written to ensure that the landholder knew that his holding was only for life, and could not be passed to his children. An example of this would be the church giving land to laymen. When there were several male heirs, the eldest received the entire inheritance.16It was the same with females until around the 1130s, when the inheritance was divided among all of the daughters of a family without a son. As can be expected, there were several instances where the inheritance was not definite. If the son was a minor, then the lord might wish to have a temporary adult vassal. Lords were also wary of distributing their land to more distant relatives of the deceased. Another example of difficulty in determining an heir would be when the man had married more than once and had subsequent male heirs. The lord did have the authority to choose who got the land, or not to grant the land to anyone at all.17The third landowning classification is alienability. The first way to be alienated is subinfeudation. This is when the land is given to a new tenant, and that new tenant owes his services to the lord, and relieves the old tenant of those duties. The second method is called substitution. Both of these involve the taking away of land from a tenant. When a lord wished to give land to the church in a gift, he often had to alienate it from a tenant of his. Tenants were also allowed to give their holdings to others, as long as the receiving tenants promised to be loyal to the lord. These land-owning classifications are used primarily to describe how the land was held and who it rightfully belonged to, which is helpful to common law courts in settling disputes over land and between lords.18The monarch who had the most influence at the beginning of common law was Henry II. In 1154, Henry was crowned King of England. His desire for a more absolute government was visible as soon as he took the throne. He was already duke of Normandy and of Aquitaine, so his French affairs kep t him out of England for the majority of his reign. It was Henry II who established the desire of the monarch to control the laws of the land, and therefore the new court system is attributed to him. King Richard I and King John were abusive and negligent rulers, but they failed to destroy the upstart of the common law. His more prominent successors, his son Henry III, and Edward I, carried on the development of the common law by persuading Parliament to enact new laws and taxes beyond the customary feudal dues. King Henry II is credited with developing ways to handle disputes over property. In fact, it was the most important to him between the years 1164 to 1179. He also believed that the jury should be involved in any land dispute. From this comes the royal doctrine that no man need answer for his free tenement without a royal writ.19This just meant that any dispute needed a royal writ to be heard by the jury. Several Assizes were made during the aforementioned time period to assu re that the method of resolving land disputes was common all over. The Assize Utrum was reached based on the Constitutions of Clarendon in 1164. This Assize stated that if one party in a case claimed the land was frankalmoin (ecclesiastical tenure) and another claimed it was lay fee, then, said Chapter Nine of the Constitutions, the matter should be settled by the verdict of a jury. The Assize of Novel Dissuasion was established in 1166 to supply a speedy remedy for the dispossessed freeholder: The king himself will protect by royal writ and inquest of neighbors every seisin of a free tenement. This Assize restored possession to someone whose property had been disturbed. In the end, a jury would be used to decide which man had better claim to the disputed land. The Assize of Mort DAncestor, which may have come from the council of Northampton, was developed to protect someone who lost a relative and sought to seize the land that had belonged to him or her. A jury was to decide whethe r the dead man had possession at the time of his death and whether the claimant was his heir. One last Assize was the Assize of Darrein Presentment. This particular Assize did not concern land, but instead dealt with the power to appoint a clergyman to fill a vacant office, or advowson. This power of nomination was treated as a property right. The jury was just asked to decide who would be allowed to nominate the clergyman. These four Assizes therefore governed questions of property rights throughout the countryside.20When there was a question of fact, the English Royal Courts thought that the best way was for a jury to decide what is true, but the trip to Westminster Hall was often expensive and therefore unfeasible for most people. The answer to this problem was know as nisi prius, which means unless earlier. This allowed for the plea to be heard in the county that it pertains to, and that if the royal justices arrived in the county before they made it to Westminster, they could h ear the case right there. This applied to any case that could normally be brought before the common law courts at Westminster.21 Gaol delivery was useful for the commissioners because it freed up space in the jails for the real criminals. It involved allowing appointed commissioners to travel from county to county to try the prisoners, as a royal court must try them. Under the reign of King Edward, the commission of Oyer and Terminer was established.This type of commission resembled a mobile mini-court that was enabled to hear felonies and other high crimes.22 According to RogueThe steady employment of juries of freeholders and the appointment of knights of the shire as commissioners to serve as justices show the Crown making excellent use of men prominent in their localities. These lay judgesto contrast them with the professional justicesrepresented the royal authority in their counties and, even more readily, represented their county courts at Westminster. After the decline of the general eyre they became essential to administration of royal justice in the late fourteenth and fifteenth centuries.23As the common law took root, equity in decisions faded away. Perhaps the only protected laws and decisions were involved with canon and ecclesiastical law. Until the early fourteenth century, some equity remained in the court system, but soon enough the common law of the land took away the fairness by not being written specifically. Judges could be corrupt and could be bought over for decisions. One example of a man who was trying to conserve equity was Chief Justice Bereford, who was a layman. He said in 1319 a plea of account shall not be conducted my Common Law, but by equity and reason. Quickly he became disliked, and no ecclesiastic was appointed to judgeship after 1316.24 When the eyre, or traveling court, was fully comprised of the architects of the Common Law system most people were scared of it. Although it was easier to use, as one did not have to wait fo r a writ to be heard, and no lawyers had to be hired or anything like that, most people would wait sometimes for seven years for a travelling branch of the Exchequer to come to the county to hear cases. As a result of this, some cases were not even heard because by the time the court arrived, there were too many cases to be handled in the time allotted. This eyre was conceived basically to help the poorer citizens, and the wealthier chose to continue to do their legal business at the court in Westminster. This system of eyres lasted for nearly one hundred years before it was abandoned. The system had made steps toward equity as it had allowed even the poorer men and tenants to be heard in the courts of law as equal as the richer people. Once a more rigid case law had been established, however, more and more people were scared of the courts interpretation, or their use of stare decisis, in relation to a decision. It was true that for some time the decisions of the eyre judges did not come strictly from writ bound and case bound law.25As has already been discussed, Common law was integrated with the expectation of equality. However, as is usually the case, women were often excluded from civil remedy. Men had a large amount of political control over their wives, and the women were offered no means of recovery from abusive situations.When a woman inherited land, it was managed and under the name of her husband, as was all of her moveable goods. However, upon her husbands death, a woman was allowed to make her own transactions in her name and even allowed to revoke some of her husbands transactions. These are civil matters. In dealing with criminal law, a woman is only allowed to bring to the appellate level any case involving the death of her husband or rape. And in some courts, it was required that the woman actually witness the death of her husband to be considered as a decent claimant.26In the fifteenth century, the idea of a common law had gone throughout and diffused in to nearly all of England. Men were well versed in many laws that pertained to them and their property and inheritance. They learned that The law was no longer a shield for the weak and oppressedrather it was a sword for the inscrupulous. Men learned its rules as they learned the rules of sword play.27Soon after the Black Death, the country went in to a slump with regard to the economy. The soldiers were returning from the Hundred Years War, and the market was fluctuating with no remorse. The higher social classes liked the system of common law, as it was easy to buy skilled lawyers and such to get out of trouble. The lawyers, who were now making up their own classes, wealthy and country gentry, became indistinguishable in status while in the House of Commons. It was not feasible for an absolutely poor man to become a lawyer as he would not be able to live the life as it is expensive, but there were social divisions. The court of Chancery was considered to be the last res ort to restoration of order. The more difficult and unruly subjects were referred to him as their judge, and he helped the king decided cases in which there was no common law decision possible. Once the Court of Chancery had dealt with and sorted out the most difficult cases, it was decided that the King should resume the judicial powers that had been away from him for nearly three centuries.28 The Common Law of England may very well have been abolished in the fifteenth century when the War of the Roses weakened the strength of the throne and also the central governments powers of law and enforcement. According to HogueMen of wealth and influence terrorized juries, bribed witnesses, intimidated judges, and controlled sheriffs, while intervening in litigation not their own. The weak could not secure justice.29Only after King Henry VII was the common law restored to something respectable. Again in the sixteenth century, however, the common law was threatened. This type of threat resem bled the takeover of Roman law in place of the medieval system in place. It was only to be expected, as most scholars studied the Roman law as the foremost legal system in Europe. King Henry VIII saved the common law from being torn apart, even though he favored Roman law. Once the Tudor dynasty ended and the Stuart family resumed the throne, many political issues came about. The Great Reformation swept across the country and most of the European continent as monarchs struggled to compete with the church for absolute power over the entirety of the legal systems. This absolutist point of view jeopardized the common law, as surely the monarch in control could and would appoint judges that favor him and his desires. Once the Parliament was decided to be the legislative sovereign, it was decided that the common law would never be the same, as it was always to be affected by written statute passed by parliament, with or without total consent from the monarch. The establishment of the leg islative power of the Parliament as well as political uprising in favor of reform led to a reorganization of the court system. The Judicature Act of 1873 merged the Common Pleas court, Kings Bench, and Exchequer in to the Kings Bench Division and Commercial Court. The medieval courts that survived were the courts of Assize, Oyer and Terminer, and Gaol Delivery. The doctrine of Stare Decisis is still intact however, and every case is not considered solely on the rules in the books.30 Judge Baron Parke stated the modern theory of case law:Our Common Law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedents; and for the sake of attaining uniformity, consistency, and certainty, we mush apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise; and we are not at liberty to reject them, and to abandon all analogy to them, in those to which they have n ot yet been judicially applied, because we think that the rules are not as convenient and reasonable as we ourselves could have devised. It appears to me to be of great importance to keep this principle of decision steadily in view, not merely for the determination of the particular case, but for the interests of law as a science.31In conclusion, the common law of England went through many barriers to officially bethe legal system, and as it developed it worked out its own kinks, only to be threatened by war and economic troubles, and finally by the monarch himself. Words/ Pages : 4,109 / 24 Genocide Essay