Accident Analysis Essay

In January 25, 1990, Avianca Flight 52, a Boeing 707 left Bogota, Colombia for New York. After more than an hour of delay, the plane ran out of fuel and crashed in the town of Cove Neck, Long Island, New York, killing 73 people, including 9 crew members and 65 of the 149 passengers, and injuring the rest. Analysis of this accident would show how human error, faulty systems and bad weather conditions caused this accident. The flight crew did not officially declare that they were running out of fuel until it was already too late. The accident could have been avoided if the flight crew has clearly stated that they were really in trouble. Language barrier could have played a part since the crew only asked for â€Å"priority† which in Spanish could mean that they were in trouble. The crew should have notified their fuel load to Air Traffic Control when they were put on hold for the first time. This simple information could have made the difference. ATC could have suggested earlier an alternate airport had they known this information. Instead, the pilots literally went around in circles waiting for further instructions. By the time the flight was cleared for landing, it only had enough fuel for one last approach. When the plane was on its final approach, it encountered wind shear, a change of wind direction over short distances. ATC only informed the flight crew of wind shear at 1500 feet. The crew had to abort their approach because they would fall short of the runway. The flight was doomed after that incident. Even if they were redirected to an alternate airport prior to the approach, they would not have enough fuel to make it to Boston. The question now is why the flight crew didn’t consult their flight dispatch about possible alternate airports which are not as busy as the John F. Kennedy International. The answer maybe the breaking of the sterile cockpit rule below 10,000 feet. The sterile cockpit rule below 10,000 feet states that pilots should not talk about things that are not necessary during crucial stages of the flight, which is usually below 10,000 feet. The pilots mind may have wandered off due to the long delay the Air Traffic Control has given them. In a sense, Air Traffic Control failed to prioritize air traffic in JFK international. Though Avianca flight 52 did not declare its fuel load problems earlier, it did say that it wanted priority. In like mentioned earlier, due to language barrier, â€Å"priority† may have been already a distress call. Air Traffic Control confirmed this request but what kind of priority is a seventy seven minute delay? Obviously, the failure of the flight crew and Air Traffic Control to communicate properly resulted to this horrible accident. This accident could have been avoided if the airline had their own operational control dispatch system that could have assisted them when Air Traffic Control has apparently ignored them. A standardized terminology in fuel related problems also contributed to the plane’s crash. If there was only a universal term to describe what the flight was actually experiencing, the language barrier between Air Traffic Control and the pilots would have been irrelevant. To sum up, the plane crash was a result of contributing factors, communication problems, probable mental lapse of the pilots, lack of proper terminology, and unfavorable winds. This accident proves that constant communication is important in air travel and a high level of concentration is required for the job. Pilots should be trained extensively before giving them their licences, including language training that ensures pilots can converse well in English. In this aspect, a standard language for aeronautical terms should be established. Though the wind shear caused further delay, the plane could have made another attempt if only it had not been idle for more than hour.

Business opportunity Essay

The opportunity announcement provides both weekday and weekend minimum for service hours An independent business calculates service revenue by applying the calculation located in the opportunity announcement under the program details section. The Stramatic 2. 0 is the system use to schedule and manage service hours. C. 5 actions to reduce noise levels in your office Ensure the door to your office remains closed while you work. If sound passes through the door, consider investing in a solid core door. Close the windows to outside noise Do not place your desk against a wall with a TV set, dishwasher, or washer/dryer on the other side. Purchase a noise cancelling telephone headset. It should have an â€Å"echo-canceller† which reduces vibrations between the speaker and the listener. If your office has wooden floor or tiles, consider investing in carpet because it tends to muffle sounds. D. Maintaining a professional manner and image Professionalism: approach the service you provide with the same professionalism that you would give if you were working in a corporate office setting. Phone etiquette: answer your business phone with a focused response, clearly stating the name of the client with a positive and natural tone. Family rules E. Check your understanding You should use DSL and cable to service arise clients F. Security protection Acceptable software: virus protection (Norton), antispyware (Norton), and firewall (windows firewall). You must have at least one software program from each of the three categories of protection. Installation: you must install and enable antivirus, anti-spyware, and firewall software on your computer before servicing arise clients Host checker III. Lesson 3: selecting business opportunities A. You can select a business opportunity through the: Partner admissions dashboard: the place where you are currently going through the admissions process. This is where you will have your first chance to select a business opportunity and enroll in the related client course The arise portal: you will only be able to select business opportunities listed on the Arise Portal after you have selected you first business opportunity. B. Check your understanding C. Check your understanding D. Check your understanding E. Maximize your marketability Be selective and focus on relevant skills and accomplishments Improve your credentials by making them more competetive. F. Give yourself a competitive edge Choose the wording that will have the greatest impact Use verbs that best describe your abilities, skills, and accomplishments Review each section to see if you can edit your sentence to make a more favorable impression. Remember it is important to be truthful at all times G. Overview of the arise portal The 5 major functions of the arise portal: G.. 1. Reviewing available business opportunities G.. 2. Accessing Quick Links G.. 3. Accessing Starmatic 2. 0 G.. 4. Reviewing the network status section G.. 5. Accessing support chat rooms H. Check your understanding I. The 2 arise support channels The admissions team: contact for questions related to the admissions process by chat Monday-Friday 1000-1700 EST Ava: contact for any non-admissions related questions about Business opportunities, technical issues or other topic by virtual and live chat 24/7

Analysis of a publicly-traded company Research Paper

Analysis of a publicly-traded company - Research Paper Example The company is a publicly traded company trading in the New York Stock Exchange under the symbol SBUX. The common stocks of Starbucks Cafe were trading at a price of $52.96 as of December 10, 2012 (Yahoo, 2012). The market capitalization of Starbucks Cafe is $39.38 billion. The firm uses a holistic approach towards the sourcing of its coffee. Starbucks Cafe sources its coffee through fair trade coffee. Fair trade coffee guarantees the farmers a price of at least $1.26 per pound. Other benefits that farmers receive in a fair trade coffee arrangement are technology transfer and financing of crops. Customers are more likely to support companies that source coffee using fair trade coffee practices due to the green movement and the tendency of customers of buying from companies that act in a socially responsible manner. The market share of Starbucks in the U.S is 33% of the coffee market (O’Farrell, 2012). During the recession the business of Starbucks declined because the demand f or gourmet coffee is price sensitive. Buying coffee from Starbucks Cafe is considered a luxury by a lot of American buyers. During harsh economic times people tend to be more price conscious. The store has 192,866 employees and 39.66% of its workforce works outside the United States (Cnn, 2012). The employees of the firm are referred too as baristas. The firm believes in the value of diversity in the workplace. Diversity is valued by the managerial staff of the company. The equation that defines diversity at Starbucks Cafe is: Diversity = Inclusion + Equity + Accessibility (Starbucks, 2012). The use of diversity can enhance the creativity of the employees and foster an environment in which innovation is a critical component of the success of the enterprise. The customer service of the company has helped the firm differentiate itself from the competition. Starbucks Cafe offers free services to its customers including Wi-Fi internet accessibility. The firm generates an alternate reven ue stream through the sale of iTunes. The firm believes a lot in the value of corporate social responsibility (CSR). The CRS program of the firm is comprehensive due to the genuine effort the firm places in helping the community and other stakeholder groups. Starbucks Cafe was named one of the world’s most ethical companies in 2012 for the six year in a row. The firm certifies 75% of all new stores under the LEEDÂ ® green building standard. The firm minimizes the use of water and energy at its stores to save resources and protect the environment. About half of the firm’s company owned store are powered by renewable energy. The communities in which Starbucks operates are an important stakeholder group for the organization. The firm donated 441,000 community service hours during 2011 (Starbucks, 2012). During fiscal year 2011 Starbucks Cafe generated sales of $11,700 million. The sales of the company increase by 9.27%. The net income of the firm in 2011 was $1,246 milli on. In the last two years the company’s net income increased by 219%. A firm’s net margin measures the absolute profitability of the company. The desirable outcome is to have a high net margin. During 2011 the net margin of Starbucks Cafe was 10.65%. The net margin of the company is much higher than the industry average of 3.8% (Dnb, 2012). The earnings per share and cash dividend per share of the company were $1.66 and $0.56 respectively. The liquidity of the firm is an important aspect of the business that managers must consider. A

Transmission Lines Easements and Personal Property Research Paper

Transmission Lines Easements and Personal Property - Research Paper Example As early as in 1625, Hugo Grotius has defined eminent domain as â€Å"The property under question is under the eminent domain of the government or state so that the government or anybody who functions for such a state may employ or even destroy or alienate such property, not only in the event of an extreme situation but also for the needs of public purpose or utility, to which ends those who have made civil society must have presumed to have meant that private purpose or ends should give away. However, it is to be noted that the government or state must be liable to make good the loss to the owner’s of the property which has been taken by the government.† Both federal and state governments have the privilege to take away the private property for public use with payment of just compensation to affected landowners. The Fifth Amendment to the American Constitution sets the tone for these seizures, and this power is widely known as eminent domain. In the historical decision in Kelo v. City of New London , U.S Supreme Court held that seizing the private property of land owners for economic development was entitled as a public use within the context of the Fifth Amendment. The above decision by U.S government has enlarged the both the federal and state government’s authority of eminent domain to unmatched areas. In Berman v Parker, in 1954, the U.S Supreme Court decided unanimously that the Fifth Amendment authorized governments to seize the private properties not for public use but for the public purpose. (scholarsandrogues.wordpress.com). U.S Supreme Court held in Kelo v. City of New London1, that the employment of eminent domain to convey rights of a land from one private owner to another one for the furtherance of the economic development. The appeal to U.S Supreme Court happened from the fact of censure by New London, Connecticut of privately owned real estate so that it could be employed as part of a widespread redevelopment scheme. In a 5- 4 decision, U.S Supreme Court held that general advantages a community savored from economic development qualified such redevelopment schemes as an allowable â€Å" public usage† under the Takings Clause of the Fifth Amendment. The Supreme Court verdict in Kelo was widely condemned by American general public and the politicians. American public is of the view that decision in Kelo is a gross infringement of property rights. They also allege that the Taking Clause of the Fifth Amendment was against general public’s interest as it would be beneficial to giant business houses at the loss of local communities and individual land owners. Further, some critics allege that Kelo decision has removed the constitution protection offered by Federal government to individual property rights and placed the issue back to the state governments to fix on if any protection remains on any state-level. In the above case , the Supreme Court deliberated whether the â€Å" public use  " requirement of the Fifth Amendment is satisfied in city’s decision to attach the private properties exclusively for the purpose of economic development. The City of New London, Connecticut wished to enlarge for the stated objectives of â€Å"revitalizing a distressed city by economically including its waterfront and downtown areas by taking over Kelo, which involved 90 acres of land owned by private owners. As per City, the development would foster in excess of 1000 jobs and an increase in taxes and other income. From the willing sellers, the City

Global marketing Essay Example | Topics and Well Written Essays - 2500 words

Global marketing - Essay Example In addition as will soon be explained, a given amount of innovation is deemed important in all companies operating within competitive markets. While planning to introduce new product in the market, factors such as culture should be put into consideration. For instance Vimto in the Middle East has taken its roots deeper than the founding place. It has gone to an extent of operating independently. At the time of introducing the product they discovered that in Arab, they like sweeter thing and so the sugar content was raised to be higher than that of UK. Also before introducing a product in the market, check the availability of similar products in the market and their packaging design, sugar levels, available flavours, price and stocks movement rates. The Momentum to Innovation In 1960's, the BCG growth share matrix came into existence as a tool of analysis to be used in assessing organizational performance. Portfolio analysis concentrates upon the growth rate of a market where an organ ization participates and the commanding power of that organization in that particular market, as measured by its share of the total sales volume of the market. Therefore, the Analysis of Boston Portfolio takes the shape of a growth share matrix where market share is plotted against the growth rate of the market where it is invested. ... The dimension of shares is measured based logarithmic scale whereby the cut off level is 1.0. It’s at this point, that the market share of an organization equals that of the leading competitor. Index number bigger than 1.0 shows leadership, while where the index is low, it’s an indication that the company remains behind competitors. Discussion The New Product Development Process This brings out a picture of new product growth process. The aim of these ladders is to evade expensive failures through continuously reviewing the possible prospects for the new product idea or product, and allow company get some options as whether to drop the product or develop tactic on how to cut loss. The biggest yet most expensive blunder is launching a product which already proves unsuccessful (Zilinski 179). Before a product launch, it means all the development costs have been met and spending on production equipment has already been done too. High costs of marketing have also been made in setting up of the promotional expenditure and distribution system. Idea Generation The aim of generating an idea is to put together many ideas as possible from any possible sources. This includes: Internal External Top executives Non-competitive firms Public Production staff Entire members of staff Market or supplier intermediaries Patent applications Competition Freelance inventors Consultants    When an organization or a group planning to introduce a new product in the market seeks to try new ideas on top of what they have there are marketing research techniques that may be applied i.e. morphological analysis synetics Delphi forecasting, brainstorming and scenario writing. The emphasis at this level is dependent on the number of ideas without source, though no idea flatly gets

Diversity Management Essay Example | Topics and Well Written Essays - 3000 words

Diversity Management - Essay Example Diversity management was considered as the best method in handling this particular situation in the workplace that concerns multiculturalism. Generally defined as the â€Å"systematic and planned commitment by organizations to recruit, retain, reward, and promote a heterogeneous mix of employees,† diversity management offers policies that would handle the various ethnic minorities in the industries such that their needs and competitiveness are met by the industry. Its theories and techniques were applied and further developed by a large number of officers, training specialists, consultants, and even academics to enhance its strategies in order to adapt to the multicultural work environment. Diversity management was thought to help improve organizational effectiveness and competitive advantage to organizations if managed well. But instead of fixing the dilemma of multiculturalism in the workplace and as well as the individual needs of the ethnic minorities in the workplace, div ersity management were found to have its concealed effect that further made the situation more difficult for them. Moreover, there are at the same time some issues that need to be addressed brought about by this new trend in the industries. Racial discrimination is one of the most common and the most prominent issues that rises above all others. Various ethnicities that are now associated with the industries globally, face different forms of discrimination that prevents them from realizing their fullest potentials in the workplace. What they have now is a continuing struggle against racial discrimination that limits their chances of attaining the highest possible role in the company they are connected with. Since its focus is more on the individual differences of each minority, diversity management contends with the individual roles as well as the role of each ethnic minority in enhancing labour productivity, innovation and efficiency. This further challenges and limits the development of an organizational structure that encourages a heterogeneous workplace environment. Diversity management's excessive focus on the individual and unique strengths based on his ethnicity confronts one's ability of integrating and associating himself in the group. (cited in Tomei, 2003) Diversity Management and Valuing Individual Differences in Europe/UK Equality among the members of a multicultural organization or industry remains as the most critical part in management strategies. And the introduction of diversity managem

International Justice Cooperation Essay Example | Topics and Well Written Essays - 4000 words

International Justice Cooperation - Essay Example Human beings at birth are necessarily good and his identity is defined entirely by events that occur thereafter as popularly adhered by the Tabula Rasa Theory. Contrary to this, man is considered neither good nor bad at birth but the forces acting for and against him molds him into what he is to become. The greater need for self-gratification has blanketed the goodness and differing individual personalities has created an offensive attitude to the civilized society. On the incidence of crime, low self-control may predispose criminal acts such as forcible rape, terrorism, stealing among others. Violent crimes however do not necessarily account for the possibility of low self-control acting alone on the individual. A variety of factors is believed to enhance the incidence of the violence in mankind that tends specifically recruit others to form a stronger criminal group. Recognizing the increasing scope, intensity and sophistication of crimes brought about by globalization as a mattress for drug operations, trafficking of arms and humans and laundering, has made the UN acknowledge the true nature of crime prevention. Efficient criminal justice systems have set standards and protocols that require cooperation to counter international syndicates. It is not surprising that at times even our own police force is pressured to deal with crimes beyond their territories and jurisdiction. In the process they have tried to wither the stringent rules other territories endeavor in order to protect that safety of their citizens albeit accused of crimes. Sometimes, even our justice system turns a blind eye and a deaf ear towards this common problem besieging the society. All forces should work hand in hand down to the lowest ranks of the state police to the highest echelons of the countries justice system in order to curb the massive criminal forces acting against positive development and in particular to the populace. Weakness in our justice systems serves to only strengthen the urge to continue the spate of crimes knowing that the legal system inhibits cooperation between judicial authorities that exploit criminality to their advantage to the detriment of the society. Alternative approaches to reform and behavioral modification should give rise to a discussion on a multi-disciplinary approach and theories to prevent the recurring incidence of criminal deviation before it has a chance to spread itself like a malady that afflicts everyone Akers (1991)1. The Center for International Crime Prevention2 is the United Nation's arm for crime prevention, justice and reform. They work with the member states to strengthen laws and promote criminal justice systems to combat the threats of organised crimes such as terrorism, corruption, drugs, human trafficking and so on. Based on the rule of law, effective justice systems ensure the respect for human rights in the national and international levels. The Criminal Justice Reform Unit assists States in developing strategies to reform all the aspects of their criminal justice systems, with particular emphasis on vulnerable groups3. It is understood that strategic information-sharing, institutional capacity-building and mutual support in law enforcement, training and extradition measures are necessary for countries to break up the thriving global empire of organized

Analysis of Wisconsin v Mitchell (1993) Case Essay

Analysis of Wisconsin v Mitchell (1993) Case - Essay Example Mitchell reminded the group about their discussion and instigated them to attack the white boy. Thereafter, the group accosted the white youth, beat him unconscious and stole his footwear. Mitchell’s sentence was enhanced, as he had intentionally selected the victim on the basis of the latter’s race. It was to be decided, whether such enhancement of punishment was in breach of Mitchell’s First Amendment rights. The US Supreme Court concluded that the First Amendment rights of Mitchell had not been violated, by the enhancement provision of the Wisconsin penalty. As the Supreme Court of Wisconsin had ruled that such breach had transpired, the US Supreme Court reversed that decision and remanded the case for further proceedings that would not be inconsistent with its opinion. In addition, the US Supreme Court held that there was no tangible disparity between the federal and state antidiscrimination laws and the Wisconsin statute. To this end, the Court made a comparison between the Wisconsin statute and Title VII, which renders it illegal for an employer to subject an employee to discrimination on ground of color, religion, gender, race, or national origin (Resler, 1994, p. 422). It was surmised by the US Supreme Court that the Wisconsin statute accords punishment of greater severity for bias motivated crimes, as these crimes had a much greater potential to engender harm to the individual and society. This reason was deemed to be adequate to justify the penalty enhancement facility available in the Wisconsin statute, and which transcended mere disagreement with the prejudices of proclivities of the offender (Resler, 1994, p. 423). Mitchell had been sentenced for aggravated battery. This sentence was enhanced, in accordance with a Wisconsin statute, as he had intentionally selected the victim on the basis of the latter’s race. His appeal regarding the constitutionality of the Wisconsin statute was

Financial Reporting. Company assigned - Informa Coursework

Financial Reporting. Company assigned - Informa - Coursework Example International accounting standards are the principles and the legislations and regulations implied by the local governments are the rules that needs to be followed and thus the symmetry of reporting around the world depends upon the adoption of the accounting standards in the regulations. Financial reporting are the highest regulated activity of business but due to the regulatory differences as to the extent of adoption of accounting standards the laxities provided in the reporting standards high profile corporates collapse, although the regulations in the financial reporting but there is much room available for development as due to the modern business techniques the regulations of financial reporting should be regulated accordingly besides the fact that the reporting base provided in the accounting standards are strong enough to maintain reporting symmetry. Standard Setting The international accounting standards are made in order to harmonize the financial reporting around the glob e in order to facilitate the user so the comparisons can be done. There are several bodies involved in the standard setting and their implication. International Accounting Standard Board is the main body where the standards formed and issued and in United States the American institute of CPAs. Exposure draft is issued based upon the issue arising in the financial reporting and the comments are taken upon the arose issue so responses from the different sectors of the businesses around the world can be taken and considered in order to get the involvement from different perspectives. The exposure draft is issued for a limited period and then it is considered by the experts and amended as per the needs and suggestions made by the experts around the globe. After the finalization of the exposure draft the accounting standard is formed and issued. After the issuance of the accounting standard the standard interpretation committee issues the interpretation regarding the accounting the stand ards and how the accounting standard deals with the different aspects of financial reporting. Whereas in United States the USGAAPs are issued to coincide with the international accounting standards so as to satisfy the uniformity in the accounting treatments around the globe. The accounting standards formed are based upon same basic concept and there is much less chances of conflict between the accounting standards and same is the case with the USGAAPs. However the two major bodies of setting accounting standards cannot implement the accounting implication around the world as the accounting standards are modified around the world varying country to country as per their legal requirement. The basis of accounting treatments is same but mostly the calculation and presentation is different so as to comfort the local reporting requirements. This brings the differentiation in the financial reporting as the reporting requirements in each country are not same. Thus the regulations in the re porting standards must be made strong enough so as to follow the required procedure in financial reporting and minimize the differences interstates so as to affirm the harmonization in the accounting treatments. Where the conflict between the accounting standard and local regulation arise the prevailing treatment is done as per the

Organizational Changes at PayPal Essay Example | Topics and Well Written Essays - 2000 words

Organizational Changes at PayPal - Essay Example The rapid growth enjoyed by this company has been as a result of changing its strategy to suit the needs of the customers and at the same time ensure maximum safety for online transactions. Being a leader in online payments, PayPal was finding it challenging to address all the needs of the millions of customers they served. There were a number of challenges the company was facing that drove it to change its business model. These challenges were as a result of the growing customer numbers, stiff competition, regulatory issues and safety concerns. First, PayPal operates in a highly sensitive and competitive market segment. The threat from other companies offering more or less similar services has been a major concern for the company. Since its inception, PayPal has had to deal with the threat of competitors. For example, two years after its establishment, PayPal faced competition from Citibank, who introduced the c2it service. Citibank partnered with Microsoft and AOL, and the c2it presented a significant threat to the growth of PayPal. In another example, Google introduced the Google’s Checkout system, which allowed customers to retrieve their financial information and give it to merchants whenever it needed. With such a system, PayPal was facing the risk of being thrown out of the online payment market. An even bigger threat came from mobile service providers. For example, companies like Verizon and ATT were facilitating P2P payments, services that allow customers to send and receive money using their mobile phones.

Life Function Essay Example for Free

Life Function Essay In many different types of health care settings there will be a chain of management and four major functions of management that will help the business flow smoothly in the right direction for the managed care of the patients that they will receive from the facility, and this structure will also allow the organization to grow as a team, and benefit the facility and the community at the same time in a cost effective way. This paper will identify the major functions, and how it applies to managing others, and it will also explain what the most important role for a health care manager and leader in the diversified health care industry. I will then give my opinion on what the most significant aspect related to health care management that I would like to gain by taking this course in my field of study. There are four major functions of management in a health care setting which are organizing, planning, controlling, leading and all managers on any type of level are responsible for following and achieving each function of management on a daily basis, and the first function of management that will be described is organizing. Organizing is a function of management that gives out job assignments and tasks, locating resources, make and coordinate the work for the people of the organization so that the plan can be implemented and followed through with. This function allows managers to dissect the inner side of the process and give input that will help form the nature of the facility, and the next function of management is planning. Planning is a function of management that goes through a process of making objectives for performance and deciding what steps should or should not be taken in order to achieve the goal of the employer and the employee at the same time. The manager’s job is to notice the accomplishment of the end work of the employee, make choices and decisions for the good of the company, and make a trail to be followed by other employees to steadily improve the goals of the organization, and the next function of management is controlling. Controlling is a function of management that focuses on work performance measurement, looking at the end results and seeing if it matches the objectives, and finally fixing any things that needs to be corrected before the final inspection of the finished product. A manager’s job in this function is to stay in direct contact with the employee’s throughout their work assignment, gather information and interpret performance reports, and the information is then used to plan constructive action and change. The last function of management to be discussed is leading. Leading is a function of management that focusses on exciting the enthusiasm of the employees so that they will work hard to succeed, and accomplish the tasks at hand. A manager’s job through this function is to continuously build commitments, encourage the activities of employee’s to help support the goals of the organization, and to influence the employee’s to do give their all and perform to the best of their ability on behalf of the organization which whom he or she works for, and all four of these functions of management help to run the organization on an everyday basis. Each of these four functions of management applies to managing employees within an organization through the structure each function provides in aiding to the development of the organization, the benefits of the employees, the structure and development of the facility, the service being provided and the community who all seek some type of service that this organization will provide. The most important role for a health care manger and leader in the diversified health care industry is to make sure the patient safety and health care needs are met, organize, plan, control, and lead the employees in their work responsibilities, and keep the company running effectively and comfortably for all people involved for the success of the organization. The most significant aspect related to health care management that I would like to gain by taking this course of study would be to learn the job of a health care professional, and a health care manager while being able to obtain clarity to each separate function and utilize both the experience and knowledge gained throughout my health care profession, and how to keep everyone involved an on track in the care of patients health within the organization. In conclusion the health care field has many steps it goes through on a daily basis so that the organization can function correctly and effectively. In this paper the four major functions of management have been identified, and applied to managing others in the industry, the most important role for a health care manager and leader in the diversified health care industry have been explained, and what the most significant aspect related to health care management that I want to gain in this course of study is.

Albert Camus The Stranger Essay Example for Free

Albert Camus The Stranger Essay In Camus The Stranger, the author exposes a tension between society and the protagonists perspective of society. The reader comes to understand the pointlessness of existence through the protagonists lens. Although society defines people by actions, Meursault rejects ideas of categorization and embraces a nihilistic view of life. This judgment passed on individuals is based on an individuals actions. Meursault realizes that everything that lives must die, therefore no matter what one does in life, one is still doomed to the same fate that everyone else is. Meursault makes all of his decisions based on his notion that his actions are unimportant because no matter how society classifies him, he will still die. It is Meursaults utter rejection of all things irrational that separate him from his fellow man and make him a stranger. The fact that Meursault doesnt cry at his own mothers funeral demonstrates how Meursault is disconnected from the normal human emotions of grief that usually accompany death. Meursault is not even sure when his mother died. Maman died today. Or yesterday maybe, I dont know(3). He seems to view the rest of humanity as the others, as if he is a mere observer rather than a part of humanity that he was born into. For example, the image of the elderly people gathered around the caretaker nodding their heads at Meursault conjures up the feeling of vultures surveying their prey. Even Meursault himself feels that they were there to judge(10). His behavior only reinforces this division as he finds himself unable to share in the emotional connection and experience of the vigil. For instance, when one of the women starts to cry, his only response to the tender display of love is, I wish I didnt have to listen to her anymore(10). He does not relate to nor understand the womans humanityas if he were a stranger to the essential elements of what it means to be human. Moreover, when the vigil ends and the elderly friends leave they shake his hand, a gesture to which he mockingly thinks as if that night had somehow brought us closer together (12). This sarcasm underscores how utterly detached he feels from the rest of the world. After returning from the funeral for his mother, Meursault really demonstrates the meaninglessness of his life. What could possibly be more  boring and meaningless than walking around your apartment for a while? This passage is interesting because it gives the reader a rare glimpse of reflection about his mother. Even here, though, it is ultimately selfish in nature. Now that his mother is gone, he feels that his apartment is too big for him. He still lacks remorse or grief, but hes realizing how his mothers death affects him: abstractly and physically. The fact that Meursault thinks the apartment is too big for only him symbolizes his aloneness. Just as the apartment is too big and he lives only in one little part, the world is too big, and he is fundamentally alone. By killing the Arab, Meursault proves that his actions define him, and even if society labels him as a murderer, it does not matter because he is going to die anyway. The murder of the Arab takes place at the climax of the story and it makes the reader wonder why Meursault has no remorse. He is aware of what he is doing and is aware that it is wrong, however he does it anyway. Most people would care if they shot another man, but since he has no cares, he does it with no worries or remorse. If the other one moves in, or if he draws his knife, Ill let him have it (56). This moment in particular is an example of his detached, passive, and psychotic nature. He offers to kill so nonchalantly that it shows no moral stance whatsoever. Hes so mentally detached that the thought of murder poses no great emotion or even feared remorse. Meursault starts to question why he should care about his life before he dies. He does not question what things would make his life worthwhile, but he questions why he should even question the things that would benefit his life. As far as I could see, it didnt have anything to do with me(69). This emphasizes the point that Meursault is strongly disjointed from society and his and other peoples happiness. All Meursault knows is that it is not worth his time to worry about classifying things as good or bad because he will die regardless of his classification. Meursault is asked about emotions and feelings he doesnt have or care to have. Meursault is annoyed because this is all a worthless examination into something that will seemingly bring no real conclusion to anything, because life is absurd. Meursault was sure about one thingdeath. He was sure he would die, just like everyone else.  But I was sure about me, about everything, surer than he could ever be, sure of my life and sure of the death I had waiting for me (120). In his death, Meursault finally becomes part of the mainstream society, along with everyone else. The only guarantee in life is death. Meursault would die regardless of whether he killed the Arab or not. Meursault has reached the understanding that his life is not affected by his actions; it is only affected by his inevitable death. Meursault justifies his actions with his indifference. Whatever he has done in his life could not save him from his death. Meursaults emotional detachment and disconnect from everyday emotions make him a stranger to humanity.

The Guildford Four And Other Miscarriages Of Justice Law Essay

The Guildford Four And Other Miscarriages Of Justice Law Essay An overview in light of how the criminal justice system has changed in relation to miscarriages of justice. As defined in the book Miscarriages of Justice, a miscarriage means literally a failure to reach an intended destination or goal. A miscarriage of justice is therefore, mutatis mutandis, a failure to attain the desired end result of justice. The issue of miscarriages of justice has always been discussed, either as a legal, political or social issue. It has been such a vital issue that it provoked the appointment of the Royal Commission on Criminal Justice and many other changes in the English legal system, which shall be discussed in due course. It maintains being a legal issue due to the several rights at risk that are potentially affected by the operation of the criminal justice system, including  [2]  humane treatment (Art 3), liberty (Art 5), privacy (Art 8), fair trials (Art 6) and even the very right to existence (Art 2) in those jurisdictions which operate capital punishment. During the 1970s Great Britain had to face a wave of vicious attacks committed by the Provisional Irish Republican Army (IRA). In response to the public outrage against the bombers, the Government introduced the Prevention of Terrorism Act 1974 (PTA) which gave new powers to the police to arrest on suspicion of terrorism, and to detain suspects for up to five days without charge.  [3]  It was clear that the police were under enormous pressure to capture the IRA bombers who had brought the war to Britain. Unfortunately, this led to numerous arrestings and convictions of innocent people. CASE STUDIES: The Guildford Four and the Maguire Seven were the first to be arrested and questioned under the new powers of PTA 1974. They were arrested for alleged involvement on behalf of the IRA, in the bombings of pubs in Guildford and Woolwich which killed five people and injure over a 100. On 22 October 1975, the Guildford Four Gerald Conlon, Paul Hill, Patrick Armstrong and Carole Richardson were convicted of murder, before Justice Donaldson and a jury of conspiracy. They were all given life sentences. An appeal against conviction failed in 1977, despite the fact that other IRA defendants awaiting trial  [4]  had claimed responsibility. However, in 1987 fresh evidence came to light following enquiries carried out by the Avon and Somerset police, which prompted a reference by the Secretary of State for the Home Department  [5]  to have the Guildford Four case reviewed. It was discovered that typescripts and notes of interviews had been tampered with; confessions were obtained under duress and detention sheets falsified. These matters brought into question the whole foundation of the prosecution case which had relied on the confessional evidence of the four defendants. After 15 years of imprisonment, the convictions were successfully appealed and their innocen ce was proved in October 1989. The outcome of the Guildford Four appeal immediately prompted the reconsideration of the case of Anne Maguire and the members of her family  [6]   the Maguire Seven- who were convicted in 1976, of being the source of the explosives used in the bombings.  [7]  Their sentences were quashed in 1992, although by then all had served their time, apart from Patrick Conlon who had already died in prison. The Court of Appeal reluctantly overturned the convictions because new evidence about the possibility of innocent contamination cast substantial doubt on the scientific evidence at trial that the defendants had been in contact with explosives.  [8]   The next blow to the publics faith in the criminal justice system was by the Birmingham Six case.  [9]  The Courts judgment  [10]  is an official testament to one of the most notorious miscarriages of justice in British legal history. In 1974, six men Hugh Callaghan, Gerard Hunter, William Power, Patrick Joseph Hill, Richard McLlkenny and John Walker- were convicted of bombings in two Birmingham pubs. The bombing caused more deaths than any other IRA incident in Britain.  [11]  The prosecution evidence rested upon three factors: confessions, which the accused claimed had been coerced and beaten out of them; forensic tests, which the accused claimed were essentially unreliable and had been performed unsatisfactorily; and highly circumstantial evidence, such as their links to known Republicans. New evidence was referred back to the Court of Appeal in 1988; even then the Court was unpersuaded. However, further revelations about the police fabrication of statements and new u ncertainties about the quality of the forensic tests ultimately resulted in their release in 1991. As mentioned earlier, that outcome provoked the establishment of the Royal Commission on Criminal Justice. In The Conscience of the Jury (1991), Lord Devlin wrote that together the miscarriages in the cases of the Guildford Four, the Maguire Seven and the Birmingham Six were the greatest disasters that have shaken British justice in my time. Another unfortunate case of miscarriage of justice which involved the IRA occurred in 1974, when Judith Ward was convicted for handling bombs which resulted in twelve deaths.  [12]  Her conviction was quashed by the Court of Appeal in 1992 because of the prosecutions failure to disclose material to the defence, which was supported at the time of the appeal by fresh psychiatric evidence and cast substantial doubt on the reliability of her confessions.  [13]   Another case arising from Irish terrorist activities concerned the Armagh Four Neil Latimer, Alfred Allen, Noel Bell and James Hegan-  [14]  who were members of the UDR, who were convicted of the murder in Armagh. After referral back to the Court of Appeal in 1992, Allen, Bell and Hegan were all freed because it was clear that the police had tampered with the evidence. It is evident that quite a few of miscarriages of justice have concerned Irish terrorist cases. The Irish terrorism trials stand out as having involved some of the most intense flaws in the English criminal justice system and as being the most vulnerable to error. There are probably two reasons for their prominence.  [15]  Firstly, special powers in the Prevention of Terrorism Act 1974 made abuses easier to commit, and more difficult to detect. Secondly, miscarriages are more likely because of the nature of these cases. In such prosecutions, the criminal justice system is under pressure by the desire to be seen to be taking effective action against terrorists.  [16]  This is probably why miscarriages seem so hard to remedy an acquittal becomes particularly costly to the State in terms of damage to its reputation. Various recognised cases of miscarriages of justice from the 1970s were not just confined to Irish terrorism. In 1976, Stefan Kiszko was convicted of murdering an eleven-year-old girl.  [17]  His conviction was quashed in 1992. Other infamous cases include those of the Tottenham Three  [18]  and the convictions in 1990 of the Cardiff Three,  [19]  for murder, which were overturned in December 1992 on referral to the Court of Appeal. Each of the abovementioned cases was a stain on the national stability of the United Kingdom, and a shocking reminder to the public that the English criminal justice system is imperfect. Such cases also raised many questions about police procedure and put doubts in many minds of the public as to the honesty of the police service. There were accusations that the police used beatings, intimidation, duress and threats against family and friends to derive illicit confessions from the accused. Numerous miscarriages of justice have come to light in the last few years, a few notorious ones having been mentioned above. But there are still many people in prison who proclaim their innocence to this day. Having overviewed a few cases of miscarriages of justice, the rest of this project will consider why such injustice occurs, what changes have been made to the law to prevent it, and whether these changes have rendered such tragedies impossible or whether there is a need for a more radical reform of the English criminal justice system. WHY DO CASES OF MISCARRIAGES OF JUSTICE OCCUR? As seen in previous cases, some of which have been discussed above, miscarriages of justice may result from a variety of causes. Problems begin arising from the very first meeting with the police to the very end of entanglement with the State, when machinery to reopen problematical judgments has been shown to be unfair and inappropriate.  [20]   There are a few common features which have been found to be present in most cases of miscarriages of justice, which led to the case being a miscarriage. However, it must be kept in mind that these features may not be the only reasons as to why miscarriage of justice occurs. The most obvious danger of a case being one of miscarriage of justice is the fabrication of evidence which was found to be an issue in the cases of the Birmingham Six,  [21]  Tottenham Three,  [22]  Armagh Four,  [23]  Darvell Brothers  [24]  and several West Midlands cases. Also, both the police and lay witnesses may prove to be an unreliable source when attempting to identify an offender as found to be the in cases of Luke Dougherty and Laslo Virag.  [25]  The evidential value of expert testimony has also been overestimated in a number of instances such as in the cases of the Maguire Seven,  [26]  Birmingham Six,  [27]  Judith Ward  [28]  and Stefan Kiszko  [29]   where it lat er emerged that the tests being used were unreliable, that the scientists conducting them were inefficient or both. Another common factor has been unreliable or false confessions as a result of being coerced by police pressure, duress, psychological or mental instability or a combination of all. Examples of these may be found in the cases of the Guildford Four,  [30]  Birmingham Six,  [31]  Judith Ward,  [32]  Tottenham Three  [33]  and Cardiff Three  [34]  cases. The non disclosure of significant evidence by the police or prosecution to the defence may be a further issue. The investigation of a case is by reliance on the police. Yet several cases, in particular the Guildford Four,  [35]  Maguire Seven,  [36]  Darvell Brothers  [37]  and the case of Judith Ward  [38]  illustrate that the police, forensic scientists and prosecution cannot be relied upon fairly to pass on evidence which might be helpful to the accused. Sometimes, as it has been alleged in the case of the Birmingham Six,  [39]  the conduct of the trial may produce miscarriages. For example judges may sometimes favour the prosecution evidence rather than acting as impartial umpires. Lastly but not the least, the presentation of defendants in a prejudicial manner- such as labeling a person as a terrorist- is also a problem in some scenarios.  [40]  As mentioned earlier, these are only a few of the common reasons as to why miscarriages of justice occur. Now that we have seen what is likely to cause miscarriages of justice and a few examples of it, this project shall now provide an overview of the changes that have been made in the criminal justice system in order to prevent such misfortunes from happening again. REFORMS: Successive governments have put into practice a number of important measures to prevent further miscarriages of justice. Most prominent, perhaps, is the Police and Criminal Evidence Act 1984, and the Codes of Practice that accompany it. The creation of an independent, national prosecuting authority the Crown Prosecution Service   [41]  in 1986 has also been of fundamental significance to reducing the risk of miscarriages of justice. Another major reform was the establishment of the Royal Commission on Criminal Justice in 1993 and the Criminal Cases Review Commission that it recommended. The Criminal Procedure and Investigations Act 1996 has also assisted in the prevention of miscarriages of justice. Although reforms have been made by the government to prevent miscarriages from happening, some people such as Paddy Hill of the Birmingham Six, are unconvinced that such legislation is enough. He told BBC News Online: Justice is something that is not on this governments curriculum. Therefore, apart from legislative changes and reforms in the criminal justice system, there has also been the formation of independent organisations, such as JUSTICE, Miscarriages of Justice Organisation (MOJO) and innocent projects by the name of Innocence Network UK (INUK) which have helped bring to the light many cases of miscarriages of justice. Investigative television programmes have also been of help to victims of miscarriages of justice in the past. How the abovementioned legislation and organisations work, and whether these methods have been effective or not to prevent cases of miscarriages of justice shall now be discussed in more detail. Police and Criminal Evidence Act (PACE) 1984 Many miscarriages of justice cases arose before the PACE Act 1984 came into effect in 1986. This is because in the pre-PACE era, it was easy for the police to commit offences while investigating a case and get away with it, due to the absence of a statute such as PACE. The aim of the 1984 Act was to create a balance between the powers of the police and members of the public. PACE provides safeguards during police questioning, supported by strict Codes of Practice, made under s.60 and 66. It also gives detectives strict rules on the handling of evidence and on how long the police can question suspects for and insists that interviews be taped to ensure there was no mistreatment or any other form of intimidation. Safeguards such as these are in no doubt, assisting in the prevention of injustice. Crown Prosecution Service The separation of investigative and prosecution functions through the creation in 1986 of an independent, national prosecuting authority -the Crown Prosecution Service-  [42]  has also been of fundamental significance to reducing the risk of miscarriages of justice. The CPS was established under the Prosecution of Offences Act 1985, to prosecute criminal cases investigated by the police in England and Wales. Previously the police forces were responsible for the prosecution of such cases. However, in 1981, the Royal Commission recommended to the government that an independent prosecution authority should be introduced which would prevent police forces setting up independent prosecution departments so as to avoid having the same officers investigate and prosecute cases. Due to the separation of investigative and procedures it is less likely for miscarriages of justice to occur. Criminal Procedure and Investigations Act (CPI) 1996 During a criminal investigation, a large amount of evidence is gathered by the police including witness statements, forensic results, and confession statements etc. Not all of this evidence is shown at the time of the actual trial; much of is not even be admissible. However, some of the evidence gathered may undermine the prosecution case, and therefore be of interest to the defence. There have been a few cases such as the Guildford Four, Maguire Seven, Darvell Brothers and Judith Ward, where the prosecution deliberately failed to disclose evidence that was vital to the defence. In order to regulate the disclosure procedure, the Criminal Procedure and Investigations Act (CPI) 1996 was brought into effect. The CPI Act puts the burden on the police to disclose all evidence to the defence that they think might weaken their case. This process is overseen by the Crown Prosecution Service. Royal Commission on Criminal Justice Since 1907, when the Court of Criminal Appeal was created, the Home Secretary had a statutory power  [43]  to refer to the Court of Appeal, if he thinks fit, any case in which a person had been convicted on indictment and had exhausted all other methods of an appeal. The Royal Commission on Criminal Justice (RCCJ) was established the day the Birmingham Six convictions were quashed in 1991 by the then Home Secretary, to inspect the efficiency of the criminal justice system in England and Wales.  [44]  The Commission was set as continuation of Sir John Mays inquiry into the false convictions of the Guildford Four and Maguire Seven. In 1993 the Royal Commission reported and recommended to the Parliament that the Court of Appeal must be more ready to examine possible miscarriages of justice.   It also recommended the transfer over responsibility for the review of alleged miscarriages, from the Home Office to an independent non-departmental public body.  [45]  As a result of this recommendation, the Criminal Cases Review Commission was established. Criminal Cases Review Commission From the recommendation of the Royal Commission and through the enactment of the Criminal Appeal Act (CAA) 1995, the Criminal Cases Review Commission (CCRC), became fully operational on 31 March 1997.  [46]  The jurisdiction of the Commission extends to England, Wales, and Northern Ireland.  [47]  The CCRC is completely independent and impartial and does not represent the prosecution or the defence. The CCRCs statutory role and responsibilities are set out in the Criminal Appeal Act 1995 which involves reviewing suspected miscarriages of justice and referring a conviction, verdict or finding or sentence to an appellate court. The CCRC has wide-ranging investigative powers and can obtain and preserve documentation held by any public body. It can also appoint an Investigating Officer from another public body to carry out inquiries on its behalf. Applicants to the CCRC must focus their case on new evidence or argument that was not raised in the initial proceedings and as a result may cast doubt on the safety of an original decision. They can also challenge their sentence if they can show a new point of law or information relating to the sentence was not raised during the trial.  [48]  The CCRC refers a case to the appellate court if it considers there to be a real possibility that the conviction would not be upheld. There is no appeal against a decision of the CCRC, however a judicial review claim can be made to the high court to examine whether the CCRCs decision was unlawful.  [49]   The Commission has been the under considerable scrutiny for the way in which it deals with its applications. Criticisms of the Commission relate to the failure to interview more than a small proportion of applicants; to the insufficiency of communication with applicants and their representatives; and to alleged deficiencies of investigation, among other matters.  [50]   Although the CCRC is much better, than having no such body at all, to deal with issues of miscarriages of justice (as was the case before), it is still inadequate. JUSTICE JUSTICE is an independent legal human rights organisation which was founded in 1957. It works to improve the legal system and the quality of justice, in particular by promoting human rights, improving the legal system, criminal justice system and the access to justice. Ever since it was founded, JUSTICE has received requests for help by, and on behalf of, prisoners alleging miscarriages of justice in their cases. Some miscarriages of justice cases brought to light by JUTICE have provided investigations into the criminal justice system which resulted in reports urging reform. For example the Criminal Appeals (1964), Home Office Reviews of Criminal Convictions (1968), The Prosecution Process in England and Wales (1970), Evidence of Identity (1974) and Compensation for Wrongful Imprisonment (1982).  [51]  Several reforms have also taken place due to the influence of JUSTICE reports including reforms of police powers under the PACE Act 1984, and the forming of the CPS. Innocence projects Innocence projects  [52]  are a conjunction between university students, solicitors and barristers who investigate cases of alleged wrongful convictions, on a pro bono basis. The project seeks to uncover cases that are evident of the failings with the criminal justice system. Innocence Network UK (INUK) is the organisation for innocence projects based in UK universities, which was set up in 2004, to give help and hope to potentially innocent victims of wrongful conviction or imprisonment who have exhausted the appeals system and legal aid services. There are 23 member projects at universities across England, Wales and Scotland, with others being formed. Most of the cases they look into involve prisoners serving life or long-term sentences for serious offences, in particular murder, rape and GBH. According to the INUK, the CCRC is not doing a good job of referring cases of alleged or suspected miscarriage of justice back to the appeal courts. This is because; the public was under the impression that the CCRC referred cases in the interests of justice; however due to the way its rules have been set out, that was not the case. Some innocent victims of wrongful conviction were not referred back to the appeal court simply because they did not meet the required criteria, as happened in the recent case of Neil Hurley.  [53]   Television programmes The emergence of investigative television programmes such as Rough Justice  [54]  and Trial and Error  [55]  have previously helped to overturn a number of miscarriages of justice cases. These shows filmed enthusiastic journalists who pursued cases in detail in order to uncover such cases. Due to the impact of these shows, politicians and members of the public campaigned to pressurise the Home Secretary to refer cases back to the appeal courts. With the creation of the CCRC, however, such cases are no longer given as much importance and are no longer a major political issue. Such cases are now dealt with behind closed doors. If such media attention and support from politicians is once again provided, it will help a great deal in cutting down the number of cases of wrongful imprisonment. It may be concluded from this project, that miscarriage of justice indeed does exist in our criminal legal system. It is affecting the lives of many innocent people. Even when miscarriages of justice are corrected, they remain terrible personal tragedies which come back to haunt the innocent victims who have been through the whole ordeal. Gerry Conlon of the Guildford Four has had two breakdowns, an attempted suicide and a struggle with addiction after 15 years of imprisonment. Others have equally miserable stories to tell. Any amount of compensation may not be enough for those who have been wrongfully convicted and whose lives have been destroyed.  [56]   The ever-present dangers of mistakes in the criminal justice system are reflected in the often repeated sentiment that It is better that ten guilty persons escape than that one innocent suffer.  [57]  One must keep in mind that reforms have been made by the government and help has been provided by the members of the public to avoid or reduce such unjust incidents from recurring. Although the truth is bitter, it is of no use to anticipate that such miscarriages will altogether be eliminated in any way,  [58]  no matter how robust our criminal legal system is. This is because it is not just the English criminal justice system which is under this constant state of crisis, but this is the case in all other countries which operate legal systems. In order to prevent the numbers of cases of miscarriages of justice from increasing, the legal system must accept this reality and should take interest in identifying mechanisms which can reduce these cases. Further improvements to reforms or legislation must be considered as an ongoing struggle, to ensure that such misfortunes do not increase. Cases that are evident of the failings in the criminal justice system must be uncovered and lessons must be learnt from them in order to protect other such innocents from going through this injustice. Also, the victims of miscarriages of justice and members of the public must be reassured by the criminal legal system that that the possibility of such crisis occurring is less, rather than more, likely. One must not only hope that such injustice is reduced rather than increased, but also help campaign to take strict actions against such misfortunes. Who knows who the next innocent victim of miscarriage of justice might be? It could be you. Miscarriages of justice corrode respect for legal institutions. As a society we are finally learning that it is less damaging to admit mistakes than to pretend that they never happened. Nothing enhances justice more than the rigorous pursuit of error.  [59]  

Re-interpretation of the Philosophical Thought of Benjamin Constant :: Philosophy Psychological Psychology Essays

Re-interpretation of the Philosophical Thought of Benjamin Constant ABSTRACT: The liberal French thinker Benjamin Constant develops a conception of human nature which shows the triplicity of being human. Such triplicity manifests itself in the close connection between emotion, rationality, and animality. He also develops an idea of liberty which treats it only as a real, historically conditioned minimalization of external limitations. Liberty thus understood enjoys metaphysical rootedness in human nature. 1. Introductory remarks Benjamin Constant (1767-1830), the French aristocrat, politician, one of the fathers of the French liberalism and, at the same time, the then well-known man of letters is also the author of a voluminous and almost unknown work about religion. It appeared in the years 1824-1833 in Paris in seven volumes, five of which are entitled "De la religion consideree dans sa source, ses formes et ses developpements", and two "Du Polytheisme romain considere dans ses rapports avec la philosphie grecque et la religion chretienne. Constant wrote this work through all his life, changing the fundamental theses and supplementing them as his theoretical knowledge about religion increased and as a result of his personal experiences connected with religion. Although the huge volume of the work is rather perceived as unattractive today and most of the historical material is out of date, it contains interesting philosophical theses which are the crowning achievement of the whole intellectual life of the a uthor. These theses allow us to understand and interpret better the philosophical foundations of Constant's liberalism which are created, among others, by a certain understanding of the human nature i.e. a certain philosophical anthropology, whereas the latter induces an understanding of liberty, peculiar for the Constantian liberalism. 2. The human nature. Constantian theses contained in the work on religion and refering to the human nature can be formulated as follows: 1. A man is not entirely the product of society in which he lives and its culture, but he is a being that can be defined by his stable and unchangeable nature. 2. What the human nature is like can be judged by examining the behaviours common to all people and their creations, for example religion. 3. The human nature is unchangeable . However, the forms change, through which it manifests it self in various periods of the development of humanity. In people's religious behaviour, for example, there is manifested something which is the permanent source of every religion and is inherent in human nature.