Wednesday, August 21, 2019
Social Media In Marketing Communication The technologies and tools people use to communicate online are referred to collectively as social media (Scott, 2010 ). Social media is not understood in terms of the different technologies and tools but, rather how those technologies and tools allow you to communicate directly with people or intended recipient. The term social media represents media that users can easily participate in, contribute to (Karjaluota, 2008), communicate with and congregate to have fun with friends and community (Scott, 2010 ). Social Media is an emerging phenomenon of recent times. Social media is a group of new kinds of online media embodied participation, openness, conversation, community and connectedness as unique characteristics (Mayfield, 2008). Boyd (2008) refers social media is an umbrella term that refers to the set of tools, services, and applications that allow people to interact with others using network technologies. Social media encompasses groupware, online communities, peer -to-peer and media-sharing technologies, and networked gaming. Mayfield (2008) explain social media is all about being human like sharing ideas, cooperating and collaborating to create art, thinking and commerce, vigorous debate and discourse, finding people who might be good friends, allies and lovers, which our species has built since several civilisation. He further adds social media is becoming popular so quickly, not because its great shiny, speedy new technology, but because it lets us be ourselves. People can find information, inspiration, communities and collaborators faster than ever before. New ideas, services, business models and technologies emerge and evolve at fast speed in social media. According to Scott (2010) social media ; .provides the way people share ideas, content, thoughts and relationships online. Social Media differ from so-called mainstream media in that anyone can create, comment on, and add to social media content. Social media can take the form of text, audio, video, images, and communities (Scott, 2010 , p. 38). Social media is also known as user generated media (Mangold Faulds, 2009). User creates a network among friends, families, celebrities, and those who share common characteristics etc. that has built strong user base among different social media forms. It is becoming popular day by day due to its unique characteristics such as socialising, participating, freedom of expression, engaging, interactivity and easily accessible at fraction of cost. The main important features of social media is to keep in touch with friend, communicate with friend and share memories of good and bad experience through notes, post, blogs, video sharing and photo sharing etc. Social media is sometimes referred to as social software or social computing or computer-mediated communication (Boyd, 2008). In next section, social medias characteristic is explained. Characteristic of Social Media: The power of social media is rooted in its ability to connect people across time and space. The way these tools are used alters plethora of practices, including communication, collaboration, information dissemination, and social organisation (Benkler, 2006; Castells, 1996; Rheingold, 2002). Social media has affected how people interact with one another and, thus, it has the potential to alter how society is organised though they are simply the messengers, social media tools are revered for their potential to connect people( (Shriky, 2008; Tapscott Williams, 2006; Weinberger, 2008). Social media provides power to communicate one to literally hundreds or thousands of other people quickly and with relatively little effort. Participation and making connections are common characteristics among social media platforms. Part of this is informed by the notion of a flat community, in which all parties engage in open dialogue. Influence and credibility are prized in this arena, as the users reputation can often be a key motivator for one to remain active in the dialogue (Karjaluota, 2008). Some of the common characteristics of Social Media identified by Mayfield (2008) are; Participation, social media encourages contributions and feedback from everyone who is interested. It blurs the line between media and audience. Openness, most social media services are open to feedback and participation. They encourage voting, comments and the sharing information. There are rarely any barriers to accessing and making use of content-password -protected content is frowned on. Conversation, whereas traditional media is about broadcast and in contrast social media is better seen as a two -way conversation. Community, social media allows communities to form quickly and communicate effectively. Communities share common interests, such as a love of photography, a political issue or a favourite TV show. Connectedness, most kinds of social media thrive on their connectedness, making use of links to other sites, resources and people. Common Forms of Social Media: There are various tools and format are in practice in the forms of social media. The commonly used or basic forms of social media (Karjaluota, 2008; Mayfield, 2008; Scott, 2010 ; Mangold Faulds, 2009) are; Social Networking Sites (SNS) are virtual communities that allow users to build personal profile, connect with friends, and cultivate a community of friends and to share information, content and communication. Some appeal to broad groups (i.e. Facebook) whereas others are built around particular niches and demographics (i.e. LinkedIn). The common SNS are Facebook, MySpace, Bebo, LinkedIn, Faceparty etc. Blogs are personal web sites written by somebody who is passionate about a topic, which provide a means to share that passion with the world and to foster an active community of readers who provide comments on the feature posts. Perhaps it is the best known form of social media, blogs are online journals, with entries appearing with most recent first. Blogs are vary widely in nature, but tend to be popular as they often provide an unvarnished, insider perspective on a particular topic. For example, user sponsored blogs (unofficial Apple Weblog, Cnet.com) and company -sponsored websites/blogs (Apple.com, PGs Vocalpoint). Content Communities are sites that allow users to post and share content. Such communities exist around anything from videos and photos to stories and links. Some of these sites include voting functions that allow the community to determine the relevance of content. Sites like YouTube, Flicker, Vimeo and Jamendo.com greatly simplify the process of sharing and commenting on Photos, Videos and Music. Other examples are content sharing combined with assistance Piczo.com and general intellectual property sharing sites Creative Commons. Forums are areas in which multiple users can create topics and then comment on these topics. They are commonly used as resources for those interested in particular topic. It is a place for online discussion, often around specific topics and interests. Forums came about before term social media and are a powerful element of online communities. It is also known as chat rooms and message boards, with the main feature being that anyone can start a discussion thread. Wikis are community -generated documents and databases. These websites allow people to add content to or edit the information on them, acting as a communal document or database. The best -known wiki is Wikipedia, the online encyclopaedia which has over 2 million English languages articles. Virtual Worlds represent one of the most novel areas on the web, in which users can engage in immersive worlds. Some of these spaces closely mirror real-world notions such as community and economics. Second Life is an example of virtual worlds. Micro blogging are social networking combined with bite-sized blogging, where small amounts of content updates are distributed online and through the mobile phone network. Twitter is well known form of micro blogging. Social Bookmarking sites like digg, del.icio.us, Newsvine, Mixxit, Reddit allows users to recommend online news stories, music, videos and content to others and vote on what is interesting. Many other forms of social media exist are news aggregators, podcasts (Apple iTunes), mash-ups, company sponsored cause/help sites (Doves Campaign for Real Beauty, click2quit.com), invitation only social networks (ASmallWorld.net), commerce communities (eBay, Amazon.com, Craigs List, IStockphoto, Threadless.com), news delivery sites (current TV), educational materials sharing (MIT OpenCoourseWare, MERLOT), open source software communities (Mozillas spreadfirefox.com, Linux.org) , windows Live, Google community and Yahoo. The Use of Social Media in Marketing Communication: Communication has become more challenging due to rapid changes in technologies, multiple communication channels and consumers constantly changing preferences and media use for obtaining information. Effectiveness of communication will largely depends on understanding of consumers buying behaviour, indentifying their information need and provides them with the right information, in right time at right place. It is enormously important to make sure the appropriate media is used (Ennew, 1993). Selection of a medium is relative with the customer preference with that particular medium. In an interview by www.marketingprof.com , a marketing guru, Philip Kotler says; .major challenge today is getting people attention. Consumers are pressed for times and many worked hard to avoid advertising messages. The main challenge is to find new way to capture attention and position a brand in consumers mind.. (Kotler, 2005Ã ¶17) Multiple communication channels pose a challenge to marketers to select a right medium to reach their target consumers. Traditional marketing communication media are loosing thier importance and are being challenged by new media. The internet has replaced traditional media such as radio, newspaper, magzine and the TV as the preferred medium for advertising (Selek, 2010). TV advertising is loosing its effectiveness because of growing advertising clutter, the increeasing number of channels and reduced watching of television by certain group of people (Kotler, 2005). Social Media presence in marketing communication is increasing rapidly. Social media is becoming a part of the marketing strategies of organisations irrespective of shape, size, volume and purposes. Marketers are trying to make it as a part of the Integrated Marketing Communications (IMC) and element of their marketing mix (Mangold Faulds, 2009; Li Bernoff, 2008). IMC is a guiding principles, marketers has been practising since its identification as a marketing tools to communicate with their target market. IMC is arguably the best tools, as of now, use to coordinate and control varying elements of the promotional mix- advertising, personal selling, public relations, publicity, direct marketing, and sales promotion to develop customer focused integrated message and to achieve different organisational goals (Boone Kurtz, 2007). Social media is changing the landscape of marketing communication. Growing use and popularity of social media tools like Facebook, LinkedIn, MySpace, Twitter, Flicker, Digg, Del.icio.us, Foursquare and others have compelled organisations use of social media as an integrated marketing communication tool. Consumers are making conversation on these platforms. Facebook alone has 500 million users worldwide, which accounts nearly 8% of world population and collectively, users spend more than 700 billion minutes a month in Facebook (Smith, 2010). The possibility of exposure to mass audience and high engagement are propelling organisations to use social media to communicate to their target consumers. Fortunes 500 companies have been using social media as one of the most important tool in their marketing strategy (Barnes Mattson, 2008). Increase in advertising spending on social media shows preference of marketers in social media against traditional media as a marketing communication tool.The growing popularity of internet business such as google and social networking sites (SNS) like Facebook have increased the use of social media in advertising. Advertising spending in the social networking area is estimated to be $865 million, with a projected value of $2 billion by 2011, or almost 8.5% of total online spending (eMarketer, 2006 cited in Gangadharbatla, 2008). Facebooks Ã £525 million revenue from advertising in 2009 (Smith, 2010) shows the magnitude of growing popularity of scoial media as a marketing communication tool. Marketers are shifting their marketing spending from traditional means of communication to digital ones, focusing on search, dispaly ads and social networking. Marketers who believe that most important way to improve communication effectiveness is to shift investment from traditional channels to digital channels are increasing. Another noticable changes is to shift advertising spending from awerness and brand building to promotional marketing (Ramsey Douglas, 2010). According to a 2009 survey, conducted by the Association of National Advertisers (ANA) and Marketing Management Analytics (MMA), most marketers say that they plan to increase their budgets for interactive marketing by pulling funds out of traditional media. Survey shows that U.S. companies moved total of $60 billion from traditional media into online marketing in 2009 itself, which represents a major shift from traditional marketing to digital marketing in an effort to increase marketing effectiveness. Research shows that after the corporate website, the most effective way to communicate with prospects is through social media. As many as 80% of U.S. companies are using social media in their marketing efforts, either placing ads on sites, monitoring sites for chatter about their brands, or engaging directly through sites like Facebook. For most marketers two prime objectives for usiing social media are enhancing brand awareness and deepening realationships with consumers. Many others use social media to expand to new audiences and acquire new customers (StrongMail, 2009). Social Media enables customer to talk to one another, which is an extention of traditional word-of-mouth communication (Mangold Faulds, 2009). The role of social media giving customer to communicate to one another is unique from traditional marketing communication. In his book The New Influencers, Gillin (2007) says that Conventional marketing wisdoms has long held that a dissatisfied customer tells ten people. But that is out of date. In the new age of social media he or she has the tools to tell [billions] consumers in few hours. The Internet has become a mass media vehicle for consumer-sponsored communications. It now represents the number one source of media for consumers at work and the number two source of media at home (Rashtchy, Kessler, Bieber, Shindler, Tzeng, 2007). Consumers are turning away from the traditional sources of advertising: radio, television, magazines, and newspapers. Consumers also consistently demand more control over their media consumption. They require on-demand and immediate access to information at their own convenience (Rashtchy et al., 2007; Vollmer Precourt, 2008). Social media is perceived by consumers as a more trustworthy source of information regarding products and services than corporate-sponsored communications transmitted via the traditional elements of the promotion mix (Foux, 2006). There are varying levels of trust and credibility among marketing channels: pretty low for ads, more so for traditional media and even lower for brand websites. Social media leverage the trust that users have with one another. This is well proven fact in marketing that most effective influencers in buying decisions are friends and family. Social media has been providing consumer different platforms to communicate easily with friends and family quickly and effectively. Recommendations from friends and acquaintances, particularly those people we think are most like ourselves, garner the highest trust. Almost three-fourths of customers consult product reviews before making a purchase, and more than half have made a purchase based on consumer reviews. They create transparency and establish trust to prospects (Ramsey Douglas, 2010). Marketers use several methods to improve consumer retention. Social media is becoming an important part of consumer retention and is giving companies new ways to tap into consumer mindset. A survey conducted by King Fish Media (2009) shows that 72% of US marketing managers, who participated in the survey, believes that social media is the most effective way to communicate with current consumers. Social media leave behind the old model of one- to- one communication and enable communication from one to many or many- to- many. Social media such as blogs, tweets, wikis, and social networks are all about speeding up and enriching communication. Social media tools bring the advantages of flatter, more democratic and presumably more effective communication networks (Hawn, 2009). The advent of social media challenge traditional type of intrusive and one way communication. Social media offer multi -dimensional communication among marketers to consumers, consumers to consumers and consumers to marketers. Social media is a great tool for listening to consumers and improving products and services using feedback and suggestion from consumers. Understanding the speed and breadth of response to a consumer issue is crucial in social media (Econsultancy, 2009). Mangold Faulds (2009) argue that social media is a hybrid element of the promotion mix because it combines characteristics of traditional IMC tools (companies talking to consumers) with a highly magnified form of word-of-mouth (customers talking to one another) wherby marketing managers cannot control the content and frequency of such information. Consumers ability to communicate with one another limits the amount of control companies have over the content and dissemination of information. In the era of social media, consumers have greater access to information and great command over media consumption than ever before (Vollmer Precourt, 2008). In the era of social media, marketing managers control over the content, timing, and frequency of information is being severely eroded. In the new communication paradigm, information about products and services also originates in the marketplace. This information is based on the experiences of individual consumers and is channelled through the traditional promotion mix. The traditional communication paradigm, which relied on the classic promotional mix to craft IMC strategies, must give way to a new paradigm that includes all forms of social media as potential tools in designing and implementing IMC strategies. Contemporary marketers cannot ignore the phenomenon of social media because it has rapidly become the de facto modus operandi for consumers who are disseminating information on products and services (Mangold Faulds, 2009). In this section researcher tried to gain insights about social media from available literatures and its uses in marketing communication. In following section researcher reviews of existing literature on social networking site Facebook and its uses by students, motives of use and use of Facebook in selection of universities, which is the main purpose of this study. The Facebook: Facebook is very popular social networking sites, which gives user an opportunity to create personal profile (include general information like education background, work background, and favourite interest), build a friend networks who have Facebook account, upload and share photos, put comment, show liking or agreeableness on any subjects, issues, comments, products and brands through like button, write notes and create news and many more. Facebook members can also join virtual groups based on common interests, see what classes they have in common, and learn about others hobbies, interests, tastes, and romantic relationship statuses through the profiles (Ellision, Steinfield, Lampe, 2007). It also has an option to add specific applications to further personalise ones profile (Rosmarin, 2007). People mostly use it to make friends, networking with friends, share links and videos, and learn more about the people they meet (Reuben, 2008). A Harvard undergraduate student and a programmer Mr. Mark Zuckerberg along with his friend Eduardo was set up Facebook.com in February 2004 at Harvard University dorm as an online student directory for only Harvard students (Cassidy, 2006; Mayer Puller, 2007; Boyd Ellison, 2007). To join a user had to have a Harvard.edu email address. Facebook extended beyond Harvard to other Ivy League school in spring 2004. In fall 2004 Facebook.com had added websites to several hundred of colleges and university, then later expanded to any university students having an university e-mail and now anyone over age 13 with an valid e-mail account can join Facebook (Reuben, 2008). Mr. Zuckerberg, who set up Facebook at his early 20 (now 26), has grown it into a business worth an estimated Ã £15 billion (Smith, 2010). Facebook has now become habitual and a part of everyday life for 500 million users worldwide. Facebook has reached almost eight percent of world population with meteoric rise of its users from 150 millions in January 2009 to 500 million in 2010 (Smith, 2010). Today, Facebook is the number one social networking site beating MySpace, LinkedIn, Foursquare etc. Facebook is third popular online brand after Google and MSN respectively. According to Nielsen survey (April, 2010) 54% worlds internet population visiting Facebook and spends 6 hours per person every month. On average user create 90 pieces of content every month, 30 billion pieces of content (web links, news, blogs etc) are shared each month, more than 3 billion pictures are uploaded every month, there are more than 60 million status updates a day and have an average of 130 friends (Smith, 2010). Collectively, users spend more than 700 billion minutes a month on Facebook. Alex Burmaster, of research agency Nielsen Online said: Facebook has become a phenomenon of our time, its become almost like a mobile phone, [and] people cant imagine their lives without it. Popularity of Facebook among Colleges and Universities Students: Origin of Facebook is directly associated with university students. Facebook was set up by a university student as an online student directory. Initially, it was restricted to users with a harvard.edu email address and was confined to colleges and universities students and staffs. It was officially open to non-academic and non-US based users in September 2006 (Joinson, 2008; Reuben, 2008). Facebook has become a number one choice among universities students. According to Pew Research Centers survey nearly three quarters (73 percent) of online teens and an equal number (72 percent) of young adults use social networking sites. The survey also reveals that among adults 18 and older Facebook is most preferred choice; 73% have profile on Facebook, 48% own profile on MySpace and 14% use LinkedIn (Lenhart, Purcell, Smith, Zickuhr, 2010). According to previous survey by Pew Center 50% of young adult social network users had profile in MySpace, 22% had profile on Facebook and only 6% had a profile on LinkedIn (Lenhart, A., 2009). The recent survey also shows that among adult profile owners with high school degree or less, 64% have a profile on MySpace, 63% have profile on Facebook and just 3% have LinkedIn profile. Adults with at least some college experience, 78% have profile on Facebook, where 41% have a profile on my space and 19% have a LinkedIn profile (Lenhart, et. al, 2010). It shows the greater presence and growing popularity of Facebook among colleges and universities students. There is growing concern about universities students excessive use of Facebook. Sheldon (2008) states that 93% student had a Facebook account, on average they spent 47 minutes a day on Facebook and in overall 81% student logged into Facebook on a daily basis. Social networking sites are widely thought to have changed students communication pattern because many college/university students lives have an online component (Zywica Danowski, 2008). There is hard debate going on about the risk of students being addicted to, and spending too much time on Facebook. Those who argue about negative impact and against on students excessive use of Facebook are demanding control on students from using Facebook. Facebook has been met with criticism by educators, with suggestions that students spend too much time on Facebook and find it addictive (Bugeja, 2006). Others, who believe control is not the right options, are suggesting attract and encourage students for its academic and positive use. Some studies have shown advantages of Facebook use for undergraduate students to assist and adjust to university life, especially those experiencing low self-esteem (Ellision, et al., 2007). Lloyd, Dean, and Cooper, (2007) concluded that students can benefit and suffer from using technology [Facebook]. Positive effects of technology [Facebook] are knowledge acquisition, socialisation and entertainment. However, negative effects include that students tend to be less healthy and passive in off-line activities when their sole purpose is for entertainment, which has a direct effect on their academic success, personal relationships, and wellness. Students Motives for Facebook Use: People use media to gratify their various communication needs and wants. Uses and gratification is viewed as a psychological communication perspective which focuses on how individual use mass media and other forms of communication to fulfil their needs and wants (Sheldon, 2008; Rubin, 2002). According to the uses and gratification perspective, media use is determined by a group of key elements including peoples needs and motives to communicate, the psychological and social environment, the mass media, functional alternative to media use, communication behaviour, and the consequences of such behaviour (Rubin, 1994). McQuail, Blumler and Brown (1972) classified mostly found needs and gratifications in four categories; diversion (escape from problems, emotional release), personal relationship (social utility of information in conversation, substitute of the media for companionship), personal Identity (value reinforcement, self understanding), and information (as cited in Sheldon, 2008). These classifications were, basically, developed for audiovisual media use and researchers extendend it for internet use and developed different motivational scales for internet use over time. According to Morris, and Ogan (1996) internet fulfills interpersonal and mediated needs. Needs traditionally fulfilled by media are social interaction, time pass, habit, information and entertainment (Flaherty, Pearce, Rubin, 1998). Media fulfilled interpersonal needs such as companionship, maintenance of relationship, problem-solving and persuation (Flanagin Metzger, 2001). LaRose, Mastro, and Eastin (2001) found that the expectation of finding enjoyable activities online predicted the amount of online media consumption. Song, LaRose, Eastin, and Lin (2004) identified virtual community as a new gratification that strengthen comunication with people met on internet. This definition contrast with relationship maintenance focused to maintain relationship with existing acquaintances (Song et al., 2004). Uses and gratification research has usually focused on how media are used to satisfy cognitive and affective needs relating personal needs and entertainment needs (Rubin, 2002), which includes need for personal identity, escapism, and self presentation. Researchers found various gratifications of internet and SNS uses such as acquisition of information, ability to engage in interpersonal communication and socialisation (Stafford Gonier, 2004); interpersonal utility functions such as relationship building, scoial maintenance and social recognition (Leung, 2007); interpersonal relations, information, and entertainment (Ho Cho, 2006); infromation, interpersonal communication, and entertainment (Matsuba, 2006). There has lot of research done about students motives in using Facebook. Majority of the previous research found friending, time pass, flirt and find new friends are the students prime motives to use Facebook. According to Coley (2006) most students use Facebook for fun to organise parties, and to find dates. They use it to find people with similar interest, peer who are in same class, and with whom they feel a sense of community and connectedness and its become habit to those who are already in online. Urista, Dong, and Day, (2009) in their study what motivates young adults to use SNS (MySpace and Facebook) found that individual use SNS to fulfill their needs and wants, which includes efficient communication, convenient communication, curosity about others, popularity and relationship formation and reinforcement. Ellision, et al. (2007) suggest that Facebook is mostly used to maintain or reinforce existing offline relationships, as opposed to establishing new ones online. There is usually some common offline activity among individuals with friends one another, such as a shared class or extra curricular acitivity. Lampe, Ellison, and Steinfield (2006) found that Facebook users engage in searching for people with whom they have an offline connection more than they browse for new people to meet. Sheldon (2008) conducted a survey of 172 students and found that large porportion of students use Facebook to maintain relationship with people they already know, majority of students also visit Facebook for time pass like when feel bored or get wall post update notification, significant porportion of students use Facebook for entertainment purposes and a small porportion use Facebook to develop new relationship. According to Pew Internet American Life Project survey (2009) teens and adults use Facebook to stay in touch with friends (97 percent), make plans with friends (62 percent), make new friends (52 percent), organize with others for an event, issue or cause (56 percent), and flirt (22 percent) (Lenhart, 2009). 2,251 subjects were participated in the survey. Research on Facebook is starting to emerge along with its popularity. The applications and utilities of Facebook is also constantly being developed. Most of the previous studies about motives to use Facebook was done before 2008, when Facebook was just started to emerge and not much popular as now and not much applications as now. The researcher found limited limited predictors have been used to study students motive for Facebook use. In this paper the researcher try to find out university students motives of using Facebook using new predictors. The first research question of the study is; RQ1: What are the motives of university students for Facebook use? Students Use of Facebook in Selection of Universities and Colleges: Oklahoma State Universitys study highlights a typical lifestyle of a todays student. On average each day students sleep for 7 hours, spend 1.5 hours watching TV, spend 3.5 hours online, listen to music for 2.5 hours, talk on a cell phone for 2 hours, spend 3 hours in class, spend 2 hours eating, go to work for 2 hours and study for 3 hours. This totals 26.5 hours a day, nearly half of that involve technology. Students read 8 books a year, surf t
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Tuesday, August 20, 2019
Decision of Ex Parte Datafin plc Analysis A critical analysis of the manner in which the decision in R v Panel on Takeovers and Mergers; Ex parte Datafin plc  1 QB 815 is being dealt with under Australian law. Introduction The case of Datafin is an accepted element of public law in England; however Australian law is unclear to its applicability as courts reference the principle cautiously in the absence of a case pertaining substantive facts. The Datafin principle provides that a decision-making body may be subject to judicial review whether it is exercises its power from statute or private contract. That is to say, both the source and the nature of the power being exercised are to be considered when determining if a body is amenable to judicial review. In Australia, the Administrative Decisions (Judicial Review) Act 1977 (Ã¢â¬ËADJR ActÃ¢â¬â¢) provides a statutory right to judicial review however a common law right (which may exist under the Datafin principle) is yet to be decided. Without a final decision from the High Court as to its applicability, the Datafin principle will continue to be dealt with tentatively on a case by case basis. However recent cases from lower and appellate courts indicate that the principle will most likely apply here as it does in England when a case with the relevant facts arises. Current Position in Australian Law There is no clear authority for the adoption of Datafin in Australia despite many decisions with reference to the principle. The closest the courts have come to taking an authoritative position regarding Datafin is the High Courts ruling in NEAT Domestic Training Pty Ltd v AWB Ltd. This case marked a Ã¢â¬Ëparadigm shiftÃ¢â¬â¢ in the delivery of administrative governmental services from being almost purely derived from statute to a mixture of private and public bodies. In this case the High Court took an interpretation of Datafin to focus solely on the source of the power with no consideration to the powerÃ¢â¬â¢s possible administrative/public nature. However, the conclusion in NEAT was very much limited to unique facts of the case and did not intend to be taken as a response to the broader issue of whether Datafin applies in Australia (i.e. whether public law remedies such as judicial review can be granted against private bodies). In this case, the improper exercise of discretionary power was argued by a wheat trader against the Australian Wheat Board (AWB). However since the AWB was a private body brought into effect by the Corporations Law (Vic), it was found that its power was not derived from the statute which NEAT was arguing under (the Wheat Marketing Act 1989). The AWBÃ¢â¬â¢s decision-making power was therefore not subject to the ADJR Act which sets out a requirement that decisions must be made Ã¢â¬Å"under an enactmentÃ¢â¬ in order to be amenable to judicial review. Justice Kirby argued an in-depth and seemingly valid dissent in favour of adopting the Datafin principle to apply to the four:one majority decision. He raised the concern that if the wheat board was not amenable to judicial review it would essentially hold almost complete and unreviewable power over AustraliaÃ¢â¬â¢s wheat export industry. Therefore, the interests of the nation (or an issue of public significance) are irrefutably affected by a private body; a point acknowledged but not expressly addressed by Gleeson CJ. A conclusion can be drawn from NEAT that only the source and not the nature of the power is relevant when determining applicability of judicial review in Australia. This conclusion is alarming when considering the Commonwealth could effectively insulate itself from all legal and political accountability if each public decision-making body was privatised in a similar fashion to AWB Ltd. An example of this conclusion can be seen in Griffith University v Tang, where a student excluded from enrolment in university failed in her request for judicial review due to the university not making their decision under an enactment. Despite the university being deemed a Ã¢â¬ËpublicÃ¢â¬â¢ decision-maker, the judgements consider the nature of the universityÃ¢â¬â¢s relationship to Tang to be voluntary (i.e. Ã¢â¬ËprivateÃ¢â¬â¢). Therefore the source of power element could not be satisfied removing the need for the court to consider the substantive nature of the power. In reaching this decision, their Honours accepted the reverse possibility that a private decision-maker could be considered Ã¢â¬ËpublicÃ¢â¬â¢ and therefore amenable to judicial review. The main implication of the decision in NEAT is that courts have essentially been advised not to make a decision about the applicability of Datafin until it is absolutely necessary. Evidence of this deferral to make a decision about the principle has the courts intentionally not mentioning it in judgements even when parties make extensive submissions on Datafin to base their arguments. For example, the unanimous decision in the Offshore Processing Case did not mention Datafin even once despite multiple submissions by both parties. Gradual Acceptance of the Datafin Principle by Australian Courts In Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd, a corporation which dealt with financial industry complaints was deemed susceptible to judicial review. Justice Shaw described the corporation as a Ã¢â¬ËpublicÃ¢â¬â¢ body, pointing to government involvement in its foundation and processes. Here it was held that the preponderance of authority in Australia indicates that Datafin is applicable, at least to companies administering external complaints in the finance industry. In contrast, the case of Chase Oyster Bar v Hamo Industriesallowed Basten JA to explore the applicability of Datafin where he concluded that the decision Masu and did not amount to authority of acceptance of the principle. Prior to this 2010 decision, Datafin had been referred to in Australian law with Ã¢â¬Ëapparent approvalÃ¢â¬â¢. Regardless, the Masu decision provided a foundation for Kyrou JÃ¢â¬â¢s later decision in CECA Institute Pty Ltd v Australian Council for Private Education and Training. In this case it was held that the Datafin principle may render a private body to be subject to judicial review if that body is performing a Ã¢â¬Ëpublic dutyÃ¢â¬â¢ or exercising a power with a Ã¢â¬Ëpublic elementÃ¢â¬â¢. Defining a Ã¢â¬Ëpublic elementÃ¢â¬â¢ of a decision, once described as Ã¢â¬Å"question-beggingÃ¢â¬  can be reasonably objectively determined from extensive English case law. In the circumstances of this case, a link to a Ã¢â¬Ëpublic elementÃ¢â¬â¢ could not be established and the matter was instead settled by private law. A similar but more recent judgement in Mickovski v FOS also suggested that the Datafin principle applies to Australian law provided the necessary public element can be satisfied. In this case, an argument was raised that a public element existed by way of requiring a mechanism for private dispute resolution. However Pagone J held that the Datafin test failed as the corporation did not exercise government functions and its power over its members was derived from contract (therefore only allowing private law remedies). In doing so, the judgement cited and affirmed Kyrou JÃ¢â¬â¢s reasoning from Masu. Shortly after this decision, the Australian Law Journal published an article by Kyrou J examining DatafinÃ¢â¬â¢s applicability to Australian law. Justice Kyrou cited the Mickovski decision as an authority for the ruleÃ¢â¬â¢s acceptance. However since the paper was published, Mickovski was appealed. In the appeal, although dismissed, Pagone J was overruled in that the Datafin principle did not apply to the facts considering there was no public law justification for the request of judicial review. The Court explained in its dismissal of the appeal that with increasing privatisation of various government functions comes the need for the availability of judicial review in relation to administrative and public functions. At , it was said that the Datafin principle provides a Ã¢â¬ËlogicalÃ¢â¬â¢, approach to satisfy that requirement. Buchanan, Nettle JJA and Beach AJA went on to conclude that it is doubtful that even a wide interpretation of Datafin would be appl icable to contract-based decisions. Therefore, KyrouÃ¢â¬â¢s argument and call for approval is not discredited and it appears likely that the Datafin test will be appropriate when the relevant facts and circumstances arise in future. It is significant to the current position that Datafin has never been rejected in Australian courts. However cases exist which are unfavourable to its Ã¢â¬Ëapparent approvalÃ¢â¬â¢ prior to Chase. In particular, in Khuu Lee Pty Ltd v Corporation of the City of Adelaide, it was specifically stated by Vanstone J in the Supreme Court of South Australia that Datafin Ã¢â¬Å"has not yet been adopted in AustraliaÃ¢â¬ . At , her honour said Ã¢â¬Å"within intermediate appellate courts there are, at best, conflicting views as to whether [Datafin] represents the common law of AustraliaÃ¢â¬ . Should Datafin Apply in Australian Law? Writing extra-judicially, now-retired QC, Raymond Finkelstein stated that the courtsÃ¢â¬â¢ function in relation to administrative law and judicial review should be to Ã¢â¬Å"ensure that all bodies Ã¢â¬â private or otherwise Ã¢â¬â that perform public functions do so in accordance with the law.Ã¢â¬  Senior University of NSW Professor, Mark Aronson hints at the applicability of Datafin in Australian law and argues that Ã¢â¬Å"public power is increasingly exercised from places within the private sector, by non-government bodies, and according to rules found in management manuals rather than statute books. If judicial review is about the restraint of public power, it will need to confront these shifts in who exercises public power, and in the rules by which they exercise it.Ã¢â¬  A similar sentiment was held by Kyrou J in his decision in Masu that Datafin Ã¢â¬Å"represents a natural development in the evolution of the principles of judicial reviewÃ¢â¬ ¦ [It] is essential in enabling superior courts to continue to perform their vital role of protecting citizens from abuses in the exercise of powers which are governmental in natureÃ¢â¬ . Since the Datafin principle has been adopted in Canada and New Zealand, there is also an argument supported by Kyrou J that on a constitutional level, Australia Ã¢â¬Ëshould be consistent with the law of other important common law jurisdictionsÃ¢â¬â¢. The arguments put forward are not without criticism however. The evolution of private bodies administering administrative/public functions is considered by some to be a new area of law which requires fresh regulation rather than Ã¢â¬ËshoehorningÃ¢â¬â¢ the issues to fit into Datafin. This arguably explains why the principle is so reservedly discussed in judgements where the elements of Datafin frequently cannot be made out. The granting of judicial review against a private bodyÃ¢â¬â¢s excision of power which was neither statutory nor executive has occurred only once in Australia (in the case of Masu). Most cases which reference Datafin do so in obiter dicta simply to raise overlaps with other areas of law which have more established remedies and boundaries than attempting to expand administrative law principles. That is not to say more than one area of law cannot co-exist with certainty. Conclusion Despite significant and extensive Ã¢â¬Ëapparent approvalÃ¢â¬â¢ of the Datafin principle, it is impossible to determine the validity of the rule in the absence of a High Court decision. However, the number of cases citing Datafin with favourable obiter appears to outweigh the number of cases which reference it with reservation. Whilst the obiter of NEAT recognises DatafinÃ¢â¬â¢s applicability in Australian law going forward, the actual decision of the case lends authority against its adoption. Regardless, in the unlikely event that the Datafin principle is rejected, private decision-making bodies performing public and administrative functions will not be immune to judicial review. The increasing trend of government divestment of administrative functions to private bodies will simply be dealt with judicial independence, allowing natural justice to form a either more refined interpretation of the Datafin principle. Bibliography Cases CECA Institute Pty Ltd v Australian Council for Private Education and Training (2010) 30 VR 555. Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Griffith University v Tang (2005) 221 CLR 99 Griffith University v Tang (2005) 213 ALR 724 Khuu Lee Pty Ltd v Adelaide City Corporation (2011) 110 SASR 235. Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd (No 2) (2004) 50 ACSR 554 Mickovski v Financial Ombudsman Service Ltd  VSC 257 Mickovski v Financial Ombudsman Services Limited Anor  VSCA 185 Mickovski v Financial Ombudsman Service Ltd (2012) 91 ASCR 106 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 R (Beer) v Hampshire FarmersÃ¢â¬â¢ Markets Ltd  1 WLR 233 R v Panel on Takeovers and Mergers; Ex parte Datafin plc  1 QB 815 Textbooks Matthew Groves (ed), Modern Administrative Law In Australia: Concepts And Context (Cambridge University Press, Australia, 2014) Journals Neil Arora, Ã¢â¬ËNot so neat: non-statutory corporations and the reach of the Administrative Decisions (Judicial Review) Act 1977Ã¢â¬â¢ (2004) 32(1) Federal Law Review 141 Emillos Kyrou, Ã¢â¬ËJudicial review of decisions of non-governmental bodies exercising governmental powers : is Datafin part of Australian law?Ã¢â¬â¢ (2012) 86(1) Australian Law Journal 20 Katherine Cook, Ã¢â¬ËRecent Developments in Administrative LawÃ¢â¬â¢ (2012) 71 AIAL (Australia Institute of Administrative Law) Forum 1 Graeme Hill, Ã¢â¬ËGriffith University v Tang Ã¢â¬â Comparison with Neat Domestic, and the Relevance of Constitutional FactorsÃ¢â¬â¢ (2005) 47 AIAL (Australia Institute of Administrative Law) Forum 6 Matthew Groves, Ã¢â¬ËShould we follow the Gospel of the Administrative Decisions (Judicial Review) Act 1977 (Cth)?Ã¢â¬â¢ (2010) 34 Melbourne University Law Review 737 Mark Aronson, Ã¢â¬ËPrivate Bodies, Public Power and Soft Law in the High CourtÃ¢â¬â¢ (2007) 35 Federal Law Review 1 Raymond Finkelstein, Ã¢â¬Å"Crossing the Intersection: How Courts are Navigating the Ã¢â¬ËPublicÃ¢â¬â¢ and Ã¢â¬ËPrivateÃ¢â¬â¢ in Judicial ReviewÃ¢â¬ (2006) 48 AIAL (Australia Institute of Administrative Law) Forum 1 Other CCH, Australian Company Law Commentary, Ã¢â¬ËInternal and external dispute resolution procedures Ã¢â¬â ASICÃ¢â¬â¢s policy: s 912A(1)(g), (2)Ã¢â¬â¢ (at 26 August 2013) [273-300]. 1 Sean Roche, N8844330  NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277.  Neil Arora, Ã¢â¬ËNot so neat: non-statutory corporations and the reach of the Administrative Decisions (Judicial Review) Act 1977Ã¢â¬â¢ (2004) 32(1) Federal Law Review 141, 161.  Neil Arora, Ã¢â¬ËNot so neat: non-statutory corporations and the reach of the Administrative Decisions (Judicial Review) Act 1977Ã¢â¬â¢ (2004) 32(1) Federal Law Review 141, 160.  (2005) 221 CLR 99.  Griffith University v Tang (2005) 213 ALR 724 at 750-751 -.  Griffith University v Tang (2005) 213 ALR 724 at 766 -.  Graeme Hill, Ã¢â¬ËGriffith University v Tang Ã¢â¬â Comparison with Neat Domestic, and the Relevance of Constitutional FactorsÃ¢â¬â¢ (2005) 47 AIAL (Australia Institute of Administrative Law) Forum 6, 8.  (2012) 91 ASCR 106, .  Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319.  Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd (No 2) (2004) 50 ACSR 554.  CCH, Australian Company Law Commentary, Ã¢â¬ËInternal and external dispute resolution procedures Ã¢â¬â ASICÃ¢â¬â¢s policy: s 912A(1)(g), (2)Ã¢â¬â¢ (at 26 August 2013) [273-300].  Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393.  Chris Finn, Ã¢â¬ËThe public/private distinction and the reach of administrative lawÃ¢â¬â¢ in Matthew Groves (ed), Modern Administrative Law In Australia: Concepts And Context (Cambridge University Press, Australia, 2014) 3, 56.  Emillos Kyrou, Ã¢â¬ËJudicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?Ã¢â¬â¢ (2012) 86(1) Australian Law Journal 20, 22.  CECA Institute Pty Ltd v Australian Council for Private Education and Training (2010) 30 VR 555.  R (Beer) v Hampshire FarmersÃ¢â¬â¢ Markets Ltd  1 WLR 233, .  Emillos Kyrou, Ã¢â¬ËJudicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?Ã¢â¬â¢ (2012) 86(1) Australian Law Journal 20, 31.  Ibid, 570, 576.  Mickovski v Financial Ombudsman Service Ltd  VSC 257.  Ibid, .  Mickovski v Financial Ombudsman Service Ltd  VSC 257, .  Emillos Kyrou, Ã¢â¬ËJudicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?Ã¢â¬â¢ (2012) 86(1) Australian Law Journal 20-33.  Mickovski v Financial Ombudsman Service Limited Anor  VSCA 185.  Katherine Cook, Ã¢â¬ËRecent Developments in Administrative LawÃ¢â¬â¢ (2012) 71 AIAL Forum 1.   VSCA 185, .  Katherine Cook, Ã¢â¬ËRecent Developments in Administrative LawÃ¢â¬â¢ (2012) 71 AIAL Forum 1.  (2011) 110 SASR 235.  Ibid, .  Raymond Finkelstein, Ã¢â¬Å"Crossing the Intersection: How Courts are Navigating the Ã¢â¬ËPublicÃ¢â¬â¢ and Ã¢â¬ËPrivateÃ¢â¬â¢ in Judicial ReviewÃ¢â¬ (2006) 48 AIAL Forum 1-7.  Mark Aronson, Ã¢â¬ËPrivate Bodies, Public Power and Soft Law in the High CourtÃ¢â¬â¢ (2007) 35 Federal Law Review 1. 4.  Ibid, 99.  Emillos Kyrou, Ã¢â¬ËJudicial review of decisions of non-governmental bodies exercising governmental powers: is Datafin part of Australian law?Ã¢â¬â¢ (2012) 86(1) Australian Law Journal 20, 30.  Matthew Groves, Ã¢â¬ËShould we follow the Gospel of the Administrative Decisions (Judicial Review) Act 1977 (Cth)?Ã¢â¬â¢ (2010) 34 Melbourne University Law Review 737, 749.
Posted by Unknown at 1:55 PM
Monday, August 19, 2019
My Educational Philosophy Education is the foundation of human interaction. School is where students take in knowledge that will determine what they do with the rest of their lives. Students are offered great opportunities through education. Many times these opportunities are largely affected by how the material is presented to them. As an educator one is given the opportunity to facilitate the learning of these students and affect their lives in hopes that they use this information to progress forward into the future. My goal as a teacher is to educate the future generations of America. I want to be a teacher because teaching is a unique occupation that will provide me with intrinsic rewards. I have found that the students have a large impact on how much I appreciate the art of teaching. I feel that teachers that have stable and healthy relationships with their students are the most successful. Throughout my student teaching experiences I have genuinely strived to be respectful towards all my students and each of their differing learning behaviors. All students learn at different paces, and work better with some learning styles rather than others. This does not mean that students should be left behind because an educator prefers certain learning styles over one another. A good teacher attempts to you all types of learning styles in order to reach out to all types of learners. One can do this by touching on all aspects of GardnerÃ¢â¬â¢s multiple intelligences theory when creating lessons. I believe that assessment in the classroom should be constant. Student should have the chance to be graded beyond the simple tests and quizzes. Presentations, class discussions and other ways that students can prove that they are comprehending the presented knowledge is important and should be noted. I am quite passionate about my content area, teaching allows me to communicate and share that knowledge with my students. Social studies cover so many areas: history, political science and the social sciences. I find each of these areas to be quite fascinating as well as lessons and skills that the students learn in these classes that they will use in the rest of their lives. The challenge and reward that comes from understanding the cognitive level of adolescent students is what makes me prefer working on the secondary level. A teacher is more that just a facilitator of knowledge. A great teacher is one that fulfills all of the following roles: educator, mentor, role model, authority figure, planner, assessor, counselor, as well as a peer.
Posted by Unknown at 5:37 PM
Sunday, August 18, 2019
A Feminist Reading of Their Eyes Were Watching GodÃ Ã Ã Ã In Zora Neale HurstonÃ¢â¬â¢s novel, Their Eyes Were Watching God, the reader is treated to an enthralling story of a womanÃ¢â¬â¢s lifelong quest for happiness and love.Ã Although this novel may be analyzed according to several critical lenses, I believe the perspectives afforded by French feminists Helene Cixous and Luce Irigaray have been most useful in informing my interpretation of HurstonÃ¢â¬â¢s book.Ã In Ã¢â¬Å"The Laugh of the Medusa,Ã¢â¬ Cixous discusses a phenomenon she calls antilove that I have found helpful in defining the social hierarchy of women and relationships between them in the novel.Ã In addition, Cixous addresses the idea of woman as caregiver, which can be illustrated through the character of Janie in Their Eyes Were Watching God.Ã On the other hand, Luce Irigaray discusses the different modes of sexual desire of men and women in her essay, Ã¢â¬Å"The Sex Which is Not One.Ã¢â¬ Ã Many examples supporting and refuting her claims can be found in the novel. According to Cixous, the most heinous crime committed by men against women is the promotion of antilove.Ã Ã¢â¬Å"Insidiously, violently, they have led [women] to hate women, to be their own enemies, to mobilize their immense strength against themselves, to be the executants of their virile needsÃ¢â¬ (1455).Ã Their Eyes Were Watching God offers many examples of women in vicious contention with one another, usually involving or benefiting a man.Ã Janie is confronted by the malice of her female neighbors in the very first chapter of the novel, as she arrives back in Eatonville after her adventure with Tea Cake.Ã Ã¢â¬Å"The women took the faded shirt and muddy overalls and laid them away for remembrance.Ã It was a weapon against her strength and if i... ... 1930's can also be applied today, within the context of my own personal life and that of the surrounding society.Ã The challenges Janie struggles with as she moves through her life are the same struggles every woman, no matter where or when she lives, have had to face.Ã In my opinion, it is this universality that renders Their Eyes Were Watching God and its companion criticisms so valuable for readers. Ã Works Cited Cixous, HÃ ©lÃ ¨ne.Ã Ã¢â¬Å"The Laugh of the Medusa.Ã¢â¬ Ã The Critical Tradition: Classic Texts and Contemporary Trends.Ã Ed. David H. Richter.Ã Boston: Bedford Books, 1998. 1454-1466. Hurston, Zora Neale.Ã Their Eyes Were Watching God.Ã New York: HarperPerennial, 1998.Ã Irigaray, Luce.Ã Ã¢â¬Å"That Sex Which is Not One.Ã¢â¬ Ã The Critical Tradition: Classic Texts and Contemporary Trends.Ã Ed. David H. Richter.Ã Boston: Bedford Books, 1998. 1467-1471. Ã
Posted by Unknown at 9:19 PM
Pepsin and Protein Question Is the rate at which Pepsin digests protein affected by temperature? Prediction I predict that it is affected by temperature. The optimum temperature will be between 30Ã °C and 40Ã °C. This is because the average human body temperature is 37Ã °C. At 0-20Ã °C (which includes the groups 0-10 and 10-20) the pepsin will not digest the protein for a long time. This is because it is a too cold environment for the enzyme to work most effectively and quickly. At 20-30Ã °C the pepsin will work slightly more quickly than at 0-20, but not as well as at 30-40, because it is reaching the optimum temperature, though it is not quite there yet. At the higher temperatures (i.e. 40-70Ã °C) the enzymes will not work as well. You may think that, using the pattern up to 30-40Ã °C, the higher the temperature, the quicker pepsin works. But this is not the case because when it gets too hot, the enzymes start to lose their shape. Enzymes use a very precise "lock and key" method to digest food. For example pepsin, which is a protease enzyme, has a shape exclusive for digesting protein molecules, and as soon as it changes its shape (in this case due to heat) it cannot digest the molecule it was originally designed to digest. Once it has changed shape it cannot change back again. The "lock and key" is demonstrated below with diagrams. The pepsin molecule locks onto the Glucose molecules are very glucose molecule and breaks it complex but they still need down into smaller particles. specially designed enzymes that fit the molecules perfectly to break them down. If the temperature is too high and the enzyme changes ... ...ironment pepsin works quickest in. (see prediction). The independent variable will be the temperature range - 0-70Ã °C in jumps of 10Ã °C.This is what to change for the investigation. Nothing else must change, because then it would be an unfair test. The dependant variable will be the rate at which pepsin digests the egg white suspension - in other words how long the mixture takes to go clear. This will give you the results. For a fair test the controlled variables will be the amount of egg white suspension (25cmÃ ²), the amount of pepsin (5cmÃ ²) and the amount of hydrochloric acid (5 drops from the pipette) used. Also how often the mixture is checked will be a controlled variable. To make the results as accurate and reliable as possible, each temperature range will be repeated 5 times, and an average will be taken.
Posted by Unknown at 1:01 AM
Saturday, August 17, 2019
Cognitive psychology focuses on how a person interprets a picture or message. For example, a double figure drawing such as the top down example below is one part of the cognitive thinking process. Another mental exercise is the bottom-up perception of drawings and messages.Ã Often times, the judge in court cases would ask the professional interpretation of the psychologist to help mitigate or aggravate the current sentence of a criminal offender. The following paragraphs explain in detail what cognitive psychology means. 1. what advice would you give a judge to persuade her or him of the potential danger of wrongful conviction based on eyewitness testimony as the sole or primary kind of evidence? Support your claim using cognitive psychology research. The judge should not base his sentencing only on the sole eyewitnessÃ¢â¬â¢ statement. For, the judgment should be mitigated or aggravated by the professional opinion of the psychologist.Ã Ã It is a standard procedure for the U.S. judge to ask the Forensic psychologistÃ Ã to give a psychological profile of the defendant. The psychologist will then make a profile of the psychological well Ã¢â¬âbeing of the person charged in court. The psychologist then applies the theories of cognitive psychology to determine the behavior, pathology and motivation and submit his findings to the judge. The judge will then include the psychologistÃ¢â¬â¢s professional opinion increase the defendantÃ¢â¬â¢s sentence for aggravating reasons (Burke 1). On the other hand, the judge could also decrease the defendantÃ¢â¬â¢s sentence for mitigating reasons. And the psychologistÃ¢â¬â¢s findings will be used either as an aggravating or mitigating evidence.Ã Normally, the psychologist can draw up the behavioral tendencies of the defendant by viewing the other evidences on the crime scene, the statements of various witness, friends, neighbors and relatives and prior psychological findings.Ã The psychologist is very much needed in the juvenile courts because the childÃ¢â¬â¢s behavior is not as mature as those who are eighteen yrs old and above. Generally, the juveniles commit crimes because of their psychological growth is not normal ( or abnormal?), The psychologist can recommend to the judge to transfer the child to child rehabilitation center for psychological rehabilitation(Barsalou 5). Likewise, the psychologist can persuade the judge to lessen the sentence in adult criminal cases.Ã The psychologist can opine that the sexual offense was psychologically caused by the defendantÃ¢â¬â¢s state of mind at the time of the crime. He or she could have been abnormal then. The psychologist can recommend a plea bargaining agreement with the Judge using his psychological findings in order to reduce the sentence that has been mandated by the criminal laws of the United States( Berger 10). In addition, the psychologist can issue his opinion to the courts regarding the reliability of the lone witnessÃ¢â¬â¢ psychological profile. For, the witness may not qualify as a lone witness if the psychologist opines that witnessÃ¢â¬â¢ statements were hallucinations, a big lie, or simply made because of the witness had misinterpreted the situation as what is was not. The psychologist will then assess the stimuli Ã¢â¬â responseÃ makeup (cognitive psychology) of the offender. The psychologist can also assess the criminal offenderÃ¢â¬â¢s impulse control and potential for the individual to commit crimes. Likewise, the psychologist can opine to the judge that he defendant cannot psychologically defend himself or herself in the witness stand (Gillespie , 27). This will then be a ground to decrease the sentence of the defendant upon conviction. To reiterate, the psychologist can tell the court that the defendant was psychologically abnormal when he or she committed the crime. Thus, the judge must compulsorily use the psychologistÃ¢â¬â¢s evaluations of the defendants and the witnesses to plug the holes in his sentencing process. Also, the sex offenders would need the psychologistÃ¢â¬â¢s hand to help them. The psychologist would then tell the court that the sexual offenderÃ¢â¬â¢s sentence be reduced to being jailed at the Adult Diagnostic and Treatment Center.Ã The psychologist would go about by stating that the defendantÃ¢â¬â¢s psychological makeup is the main cause of his continuing spree of sexual abuse cases. 2. Describe what implicit memory is. Based on Reber (1993) how is implicit learning and memory different from explicit learning and memory. Implicit memory states that prior experiences affect the current behavior of a person even though the person does not intentionally exert a single effort to ponder over his or her prior experiences.Ã Likewise, repressed memories of the past are equated with implicit memory.Ã For example, improving onesÃ¢â¬â¢ job performance falls under implicit memory and learning. This is the main reason why many companies prefer to hire and give higher salaries to people who have many years of hands Ã¢â¬âon experience behind them when they apply for a job. Definitely, a carpenter that has worked in house construction for the past twenty years would definitely be more skilled than a carpenter has tucked under his belt only one weekÃ¢â¬â¢s hands Ã¢â¬âon experience.Ã Whereas, explicit memory is the conscious and intentional recalling of a personÃ¢â¬â¢s past experiences and informational data (French 26). A very clear example is trying to remember what todayÃ¢â¬â¢s itinerary or hectic schedule is.Ã It would include a ride in the park with the family, a meeting with the board of directors in the company, or a customer dropping by to purchase new products. Another is trying to recall the details asked for in the Civil war classroom test. Further, trying to recall the ATM password or the email address log Ã¢â¬âin username and password when withdrawing money from the ATM machines falls under Explicit learning and memory. In short, explicit memory and learning entails effort exertion which includes thinking about oneÃ¢â¬â¢s past experiences.Ã It also includes talking about oneÃ¢â¬â¢s past experiences and writing them done. Further, it includes studying onesÃ¢â¬â¢ past experiences. For, they will surely increase oneÃ¢â¬â¢s expertise on doing a specific job assignment (Esgate 15). Reber stated that implicit learning refers to the variances in the behavior of a person that is influenced by past experiences. However, the person is not aware or exerts effort to try to recall the past experiences. Reber proved his theory through countless experiments including probability learning.Ã His probability experiments prove that the subjects were able to recognize or learn the variance in probabilities of recurring events without their knowing that their prior experiences in the same situation have improved their changes of choosing the next probable event. One Reber experiment shows that the subjects were placed in a training phase. The subjects were told to observeÃ 1,000 scenes at the rate of two scenes in one second in one experiment. The findings of this experiment shows that the subjects were able to learn what the next outcome would be in increasing accuracy as the test went on (Reder, and Schunn 46). Another Reber experiment shows that a person that solves several problems of the same will increase his or her speed and accuracy in solving such problems due to experience. However, the subjects were not aware of that their prior acts had influenced their current speed and accuracy. This is very true in classroom math exercises (Reder, and Schunn 69). Reber further emphasizes that memory and learning consists of conscious (Explicit) and unconscious (Implicit) learning processes (OÃ¢â¬â¢Brien-malone, and Maybery 38).Ã And, Reber insists that the questionnaire index test is an explicit learning process (OÃ¢â¬â¢Brien-malone, and Maybery 38). 3. Define what cognitive psychology is about. Cognitive Psychology is that branch of psychology that delves into the process of how a person uses his mind to find solutions to problems, memory as well as communication. It had metamorphosed from the Gestalt school of Max Wertheirmer, Wolfgang Kohler and Kurt Koffka. However, it was JeanÃ Piaget who increased interest in Cognitive Psychology with his theory that people have different cognitive processes from infancy to old age. Naturally, he emphasized that child cognitive learning is much different from a married personÃ¢â¬â¢s cognitive learning. Going deeper, cognitive psychology involves how the brain solves mathematical and other real life problems. And, the cognitive scientists believe that the problem solving cognitive process boils down to the basic stimulus and response theory.Ã For, each stimulus gives different responses to different people (Fleck, 6). What are the main topics? History. Cognitive psychology had branched out from mainline psychology into its own specialized field in the 1950s and 1960s as discussed in Donald BroadbentÃ¢â¬â¢s masterpiece entitled Perception and Communication in 1958.Ã It focused on the processing of information with the incorporation of Donald BroadbentÃ¢â¬â¢s paradigm theory. Basically it was a study on how a person thinks and reasons as he tackles each problem or situation in real life or in the classroom. Broadbent emphasized that the brain is a the central processing unit of the human being.Ã Then, George Miller created the WordNet which is the foundation for many machine ontologies today. This was also the basis that has permeated from cognitive psychology to other fields like social psychology, personality psychology, abnormal psychology,developmental psychology.Ã Currently, current cognitive theories are being attacked from many sides. One such side is the dynamic system proponents. Further, cognitive psychology has gathered the fruits of researches in artificial intelligence and other fields of expertise in the 1960s and the 1970s (Esgate 15). Major research areas.Ã Currently, the major research areas of cognitive psychology are general perception, psychophysics, attention, pattern recognition, object recognition and time sensation (Berger ). Cognitive psychologists.Ã The list of cognitive psychologists continues to grow through the years. Some of the more famous ones are Johan Anderson, Robbie Case, Lev Vygotsksy, Alan Baddeley, Frederic Barlett, Aaron T. Beck, Donald Broadbent, Reber, Jerome Bruner, Fergus, Craik, Keneth Craik, Hermann Ebbinghaus. Albert Ellis, and Jean Piaglet (Berger, 4). What are some basic assumptions? Cognitive process involves a stimulus and the corresponding response to such stimulus. Basically, cognitive theory states the problems in math and other real life situations can be easily accomplished with the use of algorithm. Algorithm is the set of rules that will give a specific solution for a set of inputs. For example, one plus one (inputs) is equal to two ( the algorithm here is to count how many ones are there). Here, the rules for cognitively solving problems are rather vague or too complex for the simple -minded person to comprehend.Ã Ã Logically, there is another way of cognitively solving problems. This is what is called in psychology circles as heuristics. In sharp contrast, heuristics shows that the rules of solving classroom and real life problems are clearly understood but the final solution varies from one situation to another. What are some of the different methods employed by cognitive psychologists? The psychologists employ several methods to deepen their study of cognitive psychology. One such method is the scientific method. Another method is to use a personÃ¢â¬â¢s cognitive outfit in terms of belief, motivation and desire that are part of the mental processes. But, they always use subjects in their researches on how a person interprets a picture, a messages or other types of communication signals passing his or her way.
Posted by Unknown at 4:43 AM
Friday, August 16, 2019
Today is the era of information culture and most facts come from critical thinking. More and more people are faced regularly with information they have to make proper decisions about. Critical thinking is the vital component of decision-making process and business world. Critical thinking is defined as the process of determining the accuracy, authenticity and worth of data and information, arguments, knowledge and claims. Critical thinking is generating, analyzing and examining ideas, learning to be cautious and sympathetic, learning to manipulate. The key point of critical thinking is to find and marshal good arguments and information, to avoid distortion and manipulation, to define truth and fallacies before product advertising. Actually, it helps expert to develop new approaches, to attract new customers and to retain the power on the old ones. Decision-making should be critical in its thinking and deliver properly selected and analyzed promotional plans, find technical solutions to existing problems, design new production lines, etc. (Feldman 2002) The purpose of critical thinking is rather three-fold: it has to be relevant to the segment of target market; it has to be memorable and recognizable beyond the moment of its exposure; it has to attract attention of indented viewer. In decision-making process critical thinking is a generative and lateral force, because it allows: to examine all ideas and arguments, to separate the ideas from their vehicles, to define false from true, and to separate accurate from distorted, incomplete from complete, etc. (Harris 1998) Example from Personal Experience I really appreciate the role of critical thinking in decision-making process. Sometimes, decision may seem less effective, though in perspective it will appear a winning one. Such situation happened to me. Once I had been working at confectionery. The idea was to put cake mixes on the market and manufacturers decided to put the highest quality into mixes. Women were required simply to add water, but, unfortunately, mixes fail to be sold good. I had to refer to my critical thinking to realize the women might feel guilty for not being good wives as they had to take shortcut to make a cake. I thought it would be better to take off milk and eggs as it would allow women to do something. Despite the fact that solution appeared to less efficient in theoretical terms, it was more practical. It was the first time I admitted the importance of critical thinking in decision-making. (Harris 1998) Benefits and Importance of Critical Thinking Critical thinking gives business experts and employees an opportunity to develop new fresh solutions to problems. Critical thinking gives the possibility to enjoy analyzing data and information and then to develop opinions and conclusions. In many cases employees analyze what is wrong with the idea or on-going process and then try to point out how to make this process right. Critical thinking in decision-making is used when it is necessary: to increase brand loyalty, to increase visibility and awareness of the goods and services that are being delivered, to stimulate increase in sales, to create opportunities to display products, to be socially responsible, and to entertain customers and prospects. (Harris 1998) Critical thinking is used when it is required to develop the habit of analyzing and to think about problematic issues instead of reacting to them. Thus, critical thinking sets them apart and then sees what is going on with them. One more benefit of critical thinking is developing attention. Critical thinking is necessary when paying attention to the opportunities opened ahead. It is a matter of fact that many original ideas are lost because of lack of attention and lazy attitude towards information. Critical thinking helps employees to find the best words and phrases to create a strong impression and impact on customers. Further, critical thinking develops awareness in decision-making process. It means that employees are able to look a round and to encompass the universe of thought. Employees possessing developed critical thinking wonÃ¢â¬â¢t be fixed within the narrow confines of own perspective. They will be aware of different approaches available to problem solving. Critical thinking together with strong imagination is the best combination for a strong leader, because they allow him/her to play with data and to sort it in many different ways. Simply saying, critical thinking is optimistic curiosity, because really critically thinking employees want to know things. (Feldman 2002) Critical leaders are able to view opposing arguments with interest and sympathy. They prefer to listen thoughtfully and patiently to other workers and consider them carefully. Therefore, critical thinking provides them with knowledge what is going on in information society and with possible ways of verbal and non-verbal manipulations. They will create different meanings and impressions. It is a matter of fact that critical thinking gives the opportunity to form independent judgments that are based good evidence. Critically thinking people are able to not only to collect necessary data, but also to put them together into something new and meaningful. (Feldman 2002) Critical thinking is necessary for decision-making process, because it gives excellent possibilities to expand their own boundaries of thoughts and to broaden their ideas and perspectives in many ways by talking to people whose point of view is completely different, by listening to customers with respect to their needs and desires, by reading books and articles with deeper understanding of changes in society, by understanding different lifestyle and different cultures. (Harris 1998) Critical thinking is useful for driving growth in corporate and social marketing strategies, for building and maintaining markets and to make positive social contribution. What is more important is that critical thinking is the showcase of social responsibility. Employees with critical thinking can find ways how to increase influence and impact on customersÃ¢â¬â¢ behavior and how to contribute ethical reputation of the company or organization. (Feldman 2002) References Feldman, Daniel. (2002). Critical Thinking: Strategies for Decision Making. Boston, MA: Thomson Place. Harris, Robert. (1998, July 1). Introduction to Critical Thinking. Retrieved January 30, 2007, from http://www. virtualsalt. com/crebook1. htm
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