Ethics of Rendition Essay

This study begins by stating that nulla poena sine lege, meaning that no person may be punished except in accordance with the law. In every instance, there must be a law governing and prescribing punishment. Further to that non omne quod licet honestum est, meaning that not everything that is permissible or even lawful is honest or honorable. There are limitations in respect of this maxim. Finally, it would also like to state that apices juris non sunt jura or non congruit de apicibus juris disputare, meaning that legal principles must not be carried to their most extreme consequences, regardless of equity and good sense. This study deems it fit to address the issue of rendition within the three maxims mentioned there above. It is worth while to note that rendition is not only a legal issue but also an ethical issue, so to speak. Therefore this study will take into consideration several ethical theories to enrich the theoretical perspective of this study. The section on findings and discussion will give a critical synthesis between law and morality discussed in this study. This will also be the part where this study will give its own stance regarding ethics of rendition. Research Questions Q. To what extent can rendition be justified? Q. Is it justifiable in law and in morality? Literature Review This section will explore in depth the notion of rendition and its impact on contemporary society. It will look at how different governments feel about it especially in the United States. Rendition is defined as the act of shifting a person from one nation to another for imprisonment and interrogation through the use of torture, which would not be permissible if they remained in a certain country. Extraordinary rendition involves the transportation of suspected foreign terrorists or other persons suspected of crimes, to other countries for interrogation and imprisonment. Looking at the above definition one can already dismiss the rationale of rendition off-hand. Just before even getting to the aspect of torture in it, why would a government take advantage of another country’s laws? Why is it hard for such a government to enact laws friendly to rendition in their own country? There are so many other queries that need to be addressed here. It is believed that the aim of extraordinary rendition is to make suspects provide intelligence information by torturing them. These suspects are either sent to facilities sponsored by the US government or can be left in the hands of foreign governments. As mentioned earlier, suspects are transported to countries whose laws do not prohibit torture and abusive treatment. In this regard, extraordinary rendition allows acts of torture towards detained suspects notwithstanding the fact that torture is an offence, at least, under international law no matter the cost. This practice is believed to have begun back in 1990s but gained its momentum following the September 9/11 attacks on US. It is also believed that this policy re-appeared during the reign of Bill Clinton although it grew in strength during the reign of George Bush. It is estimated that 150 foreign nationals have been victims of torture as a result of rendition in the last few years alone. In most cases this foreign nationals have purportedly been suspected for terrorist acts. After their transportation, detention and interrogation takes place in countries like Jordan, Egypt, Diego Garcia, Iraq, Afghanistan, Egypt and Guantanamo. Robert Baer, the former CIA agent, is on record for having said that if one wants a serious interrogation then the culprit should be sent to Jordan. If the aim is to torture them then the best place would be Syria and if the aim is to make a victim disappear and never to be seen again, then the best place would be Egypt. There are allegations that US intelligence agencies have sent terror suspects for interrogation by security officials in different countries. By so doing, they put them in a situation where they cannot be protected by the American Law. Some persons confess that they were flown to countries like Syria and Egypt by CIA agencies where they were tortured. The US government and its intelligence agencies believe that their operations are legally justified. Even though US officials agree that terror suspects have been transported to other countries for interrogation, they vehemently deny that acts of torture take place when they get there. The former US Secretary of State Condoleezza Rice is on record for having said that all American interrogators act within the UN Convention on Torture. She went further to state that they adhere to this Convention while exercising their duties in US or in another country. There are several documents that detail human rights legislation, for instance: (a)Third and Fourth Geneva Conventions (b) Universal Declaration of Human Rights (UNDHR) (c) United Nations Convention Against Torture (UNCAT) and (d) US Constitution. Surprising enough is that US government is a signatory of each of these treatises. This study believes that by the fact that United States identifies with the principles in each of these documents it should be the first nation to safeguard victims against acts of torture. Nonetheless, the impression is that US promotes extraordinary rendition in the name of war on terror. Then why would one not accuse US government of hypocrisy or cynical relativism in terms of its commitment to human rights and civil rights laws? Moreover, the fact that US are a signatory to the abovementioned documents it needs to terminate programs that violate human dignity. The Third and Fourth Geneva Conventions The Geneva Convention set the standards for international law as far as humanitarian issues are concerned. Its central concern was the treatment of civilians as well as prisoners of war. Its principles safeguard against human rights violations and establish universally acceptable standards and approaches relating to detained victims in times of war. The Convention forbids any form of physical or mental torture or any other kind of coercion towards suspects in a bid to gather information from them. It further states that even if the prisoners fail to open up during the interrogation process they should not be intimidated or abused or maltreated for that matter. The Universal Declaration of Human Rights The fifth article in the Universal Declaration of Human Rights states that â€Å"no person shall be put to torturous acts or inhuman treatment or punishment†. Apart from providing an injunction against torture it further restricts the utilization of â€Å"degrading treatment or punishment†. In the sixth article, it states that every person has a right to recognition before the law no matter where the person is or could be. The eighth article invalidates the CIA’s practice of â€Å"extraordinary rendition†. This article states as follows: â€Å"Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law†. This study believes that whenever prisoners are transported to other countries chances that this protocol will be observed are quite minimal. The ninth article prohibits the arrest of persons with no proper justification, including detention or exile. This provision prevents United States from carrying out extraordinary rendition activities. The tenth article essentially invokes what in Latin can be termed as habeas corpus which literally means that one may have the body. It is a writ ordering a person to be brought before a court or judge so that the court may ascertain whether his detention is lawful or not. United Nations Convention against Torture This convention has an international scope on human rights protection. This Convention is greatly endorsed by the United Nations and its observance is extremely mandatory for all the member states who are signatory to it. As mentioned earlier, United States is a signatory of this document so it has no option but to adhere to its provisions. This Convention states that all signatories should create appropriate measures to safeguard against torturous acts within their territories and prohibits countries from transferring persons to other countries so that they might torture them. Article two states that every state ought to exercise appropriate legislative measures, administration and judicial measures to fight any elements of torture under its jurisdiction. It further states that under no circumstances can torture be justified. The circumstances could be a state of war or a threat of war or public emergency. It also does not matter whether such orders come from the top officers, torture remains unjustified. In article three it states that no person may be transported to another state to be interrogated or tortured simply because that country’s laws allow it. The Constitution of the United States It is quite impressive to discover that the practice of extraordinary rendition is not only prohibited as seen in the three Conventions discussed above, but the US constitution is against it as well. The Fourth, Fifth, Sixth and Eighth Amendments are a clear indication that US holds a no-policy towards extraordinary rendition. These amendments prohibit arbitrary search and seizure of individual and/or property; it also invokes the right to due process of law, as in, the concept of habeas corpus mentioned above. In this light, US government contradicts the spirit of its constitution whenever they indulge in extraordinary rendition. Deontology versus Utilitarianism Deontological moral theory is also a Non-Consequentialist moral theory. While consequentialists believe that the end always justify the means, deontologists assert that the rightness of an action is not simply qualified by maximizing the good alone, it must be that the action fulfils what is considered moral. It is the inherent nature of the act alone that determines its ethical standing. Or better still, utilinitarianism believe that one should always exploit the good in his/her actions while deontologism believes that it is not the pursuit of the good but it is the moral worthiness in the act. Virtue Ethics is not much concerned with rules, consequences and specific acts but it puts more emphasis on the subject of the actions. In other words, it is interested with the person who is responsible for acting. It holds that acting in accordance with given rules; or analyzing the good outcome of the actions is not what should only count. The most primary thing is whether the subject of the actions, in this case the individual, exhibits elements of good character or moral virtues or not. Unlike utilitarianism which is concerned with the maximization of the good in performing a given act, virtue ethics instead, focuses on the moral quality exhibited by the agent of the actions. Therefore, the dictum that the end justifies the means has no place in virtue ethics. On the other hand, deontologism is somehow a normative approach to ethics which typically evaluates the actions of an individual in relation to moral standards in the objective order. Both utilitarianism and deontology focus on the actions of the agent contrary to virtue ethics which is a complete turn to the subject that is acting. Findings and Discussion Throughout this study it can be seen that there is no where that extraordinary rendition has been justified. The reader taking part in this study can clearly ascertain that rendition has no place either in law or in morality. Furthermore, it cannot be justified no matter the circumstance. This study however believes that persons who destabilize peace and stability should be dealt with accordingly. In any way, they should be eliminated in the society. Looking at the intention of extraordinary rendition, it stands justified in that it serves as a deterrent kind of punishment. Literally, it makes the culprits pay for the wrongs they have committed. In the contemporary society crime cannot be something that anybody will brush under the carpet, it is important that preventive measures be put in place. The Conventions discussed in this study clearly indicate that extraordinary rendition is an offence in law. Now, the problem is that this study does not understand to what extent each of these Conventions applies. It was stated very clearly that signatories to these Conventions are bound by them; so do these same Conventions apply to countries like Syria, Jordan or Egypt which are clearly the preferred destinations for acts of interrogation and torture. This study cannot fail to mention that most countries, or instance, Syria or Egypt are sovereign and with authentic constitutions. Could it be that their constitutions allow extraordinary renditions? Or is it that their laws do not care about such practices? This means that a country need not legalize torture but the fact that its laws say nothing about acts of rendition it becomes a reason to practice them. From a utilitarian ethical viewpoint, the end qualifies the means so long as the acts brings desirable end. This means that utilitarianism supports extraordinary rendition insofar as it will eliminate same crime occurring in the future. On the contrary, deontological ethical viewpoint believes that what should be investigated is the act itself not the consequences. As such, torture is immoral whether a nation recognizes it in law or not. This study confidently declares torture an immoral thing and something that should not be used as a form of punishment. Finally, this study would like to reiterate that the contemporary world needs to enact stiff measures to ensure that all criminals have been completely wiped out. No person should disturb another person’s peace. It also believes that due process of law is the best way to deal with criminals. Imprisonment in itself is maximum punishment since it denies such criminals opportunities for further commitment of crime. Conclusion This study has explored the meaning of extraordinary rendition and its implications. So far, there is no where in this study has it been justified. Much of its practice has been adopted by the United States government in its war on terror. From the Conventions it is clear that the practice of torturous acts remains entirely prohibited no matter the cost. It has also been indicated that the major proponents of extraordinary rendition, the United States for this matter, prohibit such practice in their constitution. This study has also highlighted two ethical standpoints namely deontologism and utilitarianism. Inasmuch as utilitarianism justifies the means due to the perceived good it does not offer any justification for extraordinary rendition. So, human dignity should be upheld at all times. This study invites persons with malicious intentions to reconsider their attitudes and evade practices that would make them be treated inhumanly. Bibliography Alfred W. McCoy, (2006). A Question of Torture: CIA Interrogation from the Cold War to the War on Terror (New York, Metropolitan Books) p. 60. Craig R. Ducat, (2000). Constitutional Interpretation: Rights of the Individual, Vol. II (Belmont, Wadswoth/Thomson Learning), E33. 18 Garret T. (2005). Virtue Theory. London International Committee of the Red Cross, International Humanitarian Law – Third 1949 Geneva Convention. http://www. icrc. org/ihl. nsf/FULL/375? OpenDocument> Jeremy Brecher et al. (2005). eds. , In the Name of Democracy: American War Crimes in Iraq and Beyond, (New York, Metropolitan Books) p. 304-5. Korsgaard, Christine M. (2003). Punishment & Legality: Extraordinary Rendition. New York: Cambridge University Noam Chomsky, (1999). The Umbrella of U. S. Power: The Universal Declaration of Human Rights and the Contradictions of U. S. Policy (New York, Seven Stories Press) p. 71. Office of the United Nations High Commissioner for Human Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www2. ohchr. org/english/law/cat. htm> Schumpeter J. (2006). The Understanding of Deontology Moral Theory. Oxford University Press Stephen Grey, (2007). Ghost Plane: The True Story of the CIA Rendition and Torture Program. New York.

Hr Scorecard

International Bulletin of Business Administration ISSN: 1451-243X Issue 4 (2009)  © EuroJournals, Inc. 2009 http://www. eurojournals. com/IBBA. htm The Application of Human Resource Scorecard: A Case Study of Public Hospitals in NTT Province, Indonesia Riana Sitawati Accounting Department, STIE Dharmaputra Sodikin Manaf Accounting Department, STIE Dharmaputra Endah Winarti Accounting Department, STIE Dharmaputra Abstract Together with regional autonomy development, regional performance management becomes one of the most important factors to be considered. Regional public hospital becomes a regional government asset that should manage itself therefore it can prepare transparent performance measurement report for the benefit of the hospital itself and also the society or other interest parties. However, as a service organization, human resource competency becomes key factor in a public hospital that also needs to be improved. For achieving this aim, then this paper describes human resources performance measurement steps for the hospital particularly regional public hospital which consisted of preparing Activity Value Chain, Job Description, Job Specification, Job Performance Standard, and Job Performance Scorecard. Those steps had been implemented in public hospitals in NTT province, Indonesia. In the end, hopefully it can provide alternative standard for measuring a whole organization performance. Keywords: Public hospital, performance measurement, Activity Value Chain, Job Description, Job Specification, Job Performance Standard, Job Performance Scorecard, East Nusa Tenggara Province 1. Introduction The early years of the 21st century are proving to be a period of profound transition business world. This transition is being driven by a number of key trends including: global interdependence; diverse, diffuse, and asymmetrical security threats; rapidly evolving science and technology; dramatic shifts in the age and composition of population; important quality of life issues; the changing nature of our economy; and evolving government structures and concepts. These trends also contribute to a huge, longer-range fiscal and budgetary challenge around the world. Given these trends and long-range fiscal challenges, we are now seeing increased attention to strategic human capital management (U. S. General Accounting Office, 2002). While human capital is the foundation for creating value in the new economy, human assets are the least understood by business leaders and therefore the least effectively managed. Furthermore, there is exceptional about human resource function, which is that is less prepared than many other functions (such as finance or information system) to quantify its impact on business performance (Yeung & Berman, 1997). Since the Indonesian government determined regulation about regional autonomy in 2002, there were efforts to arrange specific policies for government owned institution in each Indonesian region. Those specific policies also included performance measurement area that the government institutions in local region can manage their own performance report but still have obligation to report their performance condition to central government. That independent performance management is based on Undang-Undang Republik Indonesia (Indonesian Regulation) no. 17 / 2003 that applies the implementation refers to the activity area of the government institution activity. Refers to the regional public hospital that also becomes regional government institution, this institution also has obligation to prepare an independent performance report system. In fact, there are not many public hospitals that had implemented performance measurement report system refers to Indonesian generally accepted accounting principle. This caused by the bureaucracy culture in Indonesia that can not be removed easily particularly in government institution environment and lack of skilled human resources that has sufficient knowledge to make a good financial report. Although there are many problems resulted in preparing an independent public hospital, but it will be better if the public officer that works at Health Department, Regional Government, or Public Hospital begins to take real steps in improving financial system at public hospital. It becomes more important refers to Indonesian bad economic condition after multi dimension crisis so that public hospital should find its own core business rather than depend on government budget (Subanegara, 2005). This condition had been applied at developed countries which have their own business unit, such as laundry facility that are provided for general society with tariff that relatively the same with market price. Moreover, the hospitals also have specific pavilion for sound patient where room price and medical service are based on higher tariff compared with regular class so there is subsidy for the poor patient. As a public institution, main goal of public hospital is to provide medical service to local patient particularly the poor ones. Therefore, profit is clearly not the main goal of public hospital. With such character, it is not surprising that there are so many public hospitals that complain about their lost in operating activities because of their social responsibility service. Based on the above factors, we can see the importance of good measurement management system for regional public hospital. Until recently, public hospital only depends on central government or local government funding and management system without tries to find out any efforts to be more independent. This opinion should be changed therefore hospital can produce its own performance measurement report that still can support its social service function which always become its main mission. Refers to this condition, then it is necessary to understand how to arrange a good performance report therefore the hospital knows for sure its own advantages and disadvantages as a foundation to decide strategic action in order to manage better and more professional public hospital financial and non financial aspect. Therefore a performance measurement that is capable to measure not only financial but also non financial aspect will be more supportive. 2. Problem Statement Although the application of a complete Balanced Scorecard as one of Strategic Management Accounting performance tools had produced enormous studies and practices, but there is still lack of focus on its application at Indonesian public sector. This also occurs especially in an organization which provides service such as medical organizations which have social responsibility and see human resources as the main organization asset. That background inspires author to describe author’s experience related with human resource performance measurement at Indonesian public hospitals. 3. Theoretical Background 3. 1. Performance Measurement Performance can be considered as a â€Å"relative and culture-specific concept†, one of those â€Å"suitcase words in which everyone places the concepts that suit them, letting the context take care of the definition†(Lebas, Euske, 2002). We could use the same words to describe performance measurement. Different people give different meanings to performance measurement. Adams, Kennerley and Neely defined performance measurement as â€Å"the process of quantifying the efficiency and effectiveness of past action† (Neely, Adams, Kennerley, 2002). The author considers this definition clear and meaningful. We can argue that quantifying only the efficiency and the effectiveness dimensions of the action could be too limiting. We can argue that performance measurement doesn’t mean only quantifying but also comparing to a reference. But we should agree that the definition they gave sounds quite linear, appropriate, reasonable and useful. As it happens with other processes, the purpose of performance measurement is not univocal. Performance measurement is a sort of primary process: it can be considered as a basic element of larger and different processes like: †¢ internal performance evaluation †¢ external performance assessment †¢ performance management So the aims of performance measurement could be quite different. In the past decade performance measurement has been a topic that has received growing attention in the Public Sector. To encourage a performance-driven culture, a lot of public organizations have adopted a performance measurement system to measure, assess, report their performance and compare it with the performance of other organizations (performance evaluation and benchmarking). Just few of them have adopted it to manage their performance (performance management). For the author the difference between the two approaches is a fundamental issue to point out. In the former, measures are used to evaluate ex-post, at the end of a period of time, what has been done during the period and whether the desired outcomes have been achieved at the end. Here the purpose of measuring is to help to make a judgment about the performance of the organization at the end of a period. In the latter, measures are used to manage the performance within the period, identify issues and problems before correction becomes difficult or impossible and support decision-making processes in order to really achieve the desired outcomes at the end of the period. The purpose of measuring is to help people, accountable for performance, to make the right decisions within the period of time used as the reference. Both in the Private and Public Sector, using performance measurement just for evaluation s â€Å"one of the main barriers that people need to overcome if the organization wants to move from measurement set to judge to measurement consciously adopted to support decision making process†(Bocci 2004). If we talk about performance measurement just in terms of reviewing and assessing, we can not inspire people and align them with the strategy and t he overall goals of the organization. People will not understand the needs of measuring their performance and will consider measures used to find fault and punish someone (Kaydos, 1998): any performance measurement system we try to implement will be boycotted in some way. Performance evaluation is important but it does not tell us the true and complete story. That is why organizations should focus on adopting performance management systems. If organizations continue to use measurement just for assessing their performance, they can not achieve the consensus that allows them to effectively manage their performance. 3. 2. The Balanced Scorecard Application in Public Sector The Balanced Scorecard method (Kaplan & Norton, 1992) forms a conceptual measurement model for assessing an organization’s performance. This model complements financial measures of past performance with measures of drivers of future performance (Gaspersz, 2002). Unlike other accounting models, the Balanced Scorecard incorporates valuation of organization’ intangible and intellectual assets such as (Walker & MacDonald, 2001): †¢ High – quality products and services †¢ Motivated and skilled employees †¢ Responsive internal processes †¢ Innovation & productivity The original Balanced Scorecard model developed by Kaplan and Norton can be seen at the following figure. Figure 3. 1: Balanced Scorecard FINANCIAL PERSPECTIVE CUSTOMER PERSPECTIVE VISION & STRATEGY INTERNAL BUS. PROCESS PERSP. LEARNING & GROWTH PERSPECTIVE (Source: Niven, 2005) As mentioned above, Kaplan and Norton introduced 4 perspectives from a company activities that can be evaluated by management as follows : 1. Financial Perspective : how we can satisfy stakeholder? 2. Customer Perspective : how we can satisfy customer? 3. Internal Business Perspective : what processes that we should offer in order to achieve company success? . Learning and Growth Perspective : how we can maintain ability to face company changes? The BSC concept is not only applicable to private sector but also public sector including public health sector. Indonesian economic system that experiences disaster recently is mostly caused by government system mismanagement that usually known as KKN (Corruption, Collusion, and Nepotism). Therefore it needs a performance measurement tool for its public organization to im prove economic system condition. Based on the different character between private sector and public sector, we can compare the 4 perspectives of Balanced Scorecard as follows. Figure 3. 2: Balanced Scorecard Perspectives: A Comparation Between Private Sector and Public Sector Perspective Financial/Operational Efficiency Customer Learning and Growth Private Sector How we can give value to the stakeholder? How customer will evaluate our performance? Can we continue to improve and create value to the customer, stakeholder, employee, management and organization? What should we proposed from our process and product? Internal Process and Product Public Sector How we can give value to the society and tax payer? How public service user evaluate our performance? Can we continue to improve and create value to the society/tax payer, public officer, public organization, and stakeholder? Does the implemented development program can bring results refers to the expectation? (Source: Gasperz, 2002) Those differences in balanced scorecard perspectives between private sector and public sector encourages us to modify the implementation of balanced scorecard at public sector. This modification is necessary because of the following reasons: 1. Main focus of public sector is the society and certain interest groups while main focus of private sector is customer and stakeholder. 2. Main goal of public sector is not to maximize financial result but the balanced budget responsibility through service to stakeholder refers to its vision and mission. 3. Defining indicators and target in customer perspective needs high concern as consequency of public sector role and needs clear definition and strategic result. 3. 3. Human Resources Scorecard The Human Resource Scorecard approach used slightly modifies the initial Balanced Scorecard model, which at the time was most commonly used at the corporate level. However, the approach remains focused on long-term strategies and clear connections to business outcomes. The Human Resource Balanced Scorecard can be classified into four perspectives (Walker & MacDonald, 2001): a. Strategic Perspective This perspective measures company success in achieving 5 strategic thrusts (talent, leadership, customer service and support, organizational integration, and Human Resource Capability). . Operations Perspective This perspective measures Human Resource success in operational excellence. The focus here is primarily in three areas: staffing, technology, and Human Resource processes and transactions. c. Customer Perspective This perspective measures how Human Resource is viewed by company key customer segment. Survey results are used to track customer perception of se rvice as well as assessing overall employee engagement, competitive capability, and links to productivity. d. Financial Perspective This perspective measures how Human Resource adds measurable financial value to the organization, including measures of ROI in training, technology, staffing, risk management, and cost of service delivery. Many leading organizations use their performance management systems as a key tool for aligning institutional, unit, and employee performance; achieving results; accelerating change; managing the organization on a day-to-day basis; and facilitating communication throughout the year so that discussion about individual and organizational performance are integrated and ongoing (U. S. General Accounting Office, 2000). We also can see some examples of previous research studies in Human Resource in the following table: Table 3. 1: Summary of Major Research Studies in HR – Organizational Performance Relationships Research Studies MacDuffie & Krafcik (1992) Methodology Studied 70 automotive assembly plants representing 24 companies and 17 countries worldwide Key Findings †¢ Manufacturing facilities with â€Å"lean production systems† are much higher in both productivity and quality than those with â€Å"mass production systems† (Productivity: 22 hours vs. 0 hours in producing a car; Quality 0. 5 defects vs. 0. 8 defects per 100 vehicles). †¢ While the HR strategy of a mass production system is used to create a highly specialized and deskilled work-force that supports a large-scale production process, the HR strategy of a lean production system aims to create a skilled, motivated, and flexible workforce that can continuously solve prob lems. The success of a â€Å"lean production system† critically depends on such â€Å"highcommitment† human resource policies as the decentralization of production responsibilities, broad job classification, multiskilling practices, profit/gain sharing, a reciprocal psychological commitment between firm and employees, employment security, and a reduction of status barrier. Studies that demonstrate business impact by adopting the following highperformance work practices are summarized: †¢ Employee involvement in decision making. Compensation (profit/gain sharing) †¢ Training programs †¢ Constellation of high-performance work practices †¢ Contradictory to traditional strategy literature, these five companies are neither in the right industry (based on Porter’s industry structure analysis) nor are they market leaders in these industries (based on Boston Consulting Group’s learning curve). †¢ Instead, these companies share a set of hi gh commitment work practices such as employment security, selectivity in recruiting, high wages, incentive pay, employee ownership, information sharing, participation and empowerment, teams and job redesign, cross-training, etc. Empirically identified two distinct HR configurations: control and commitment systems. †¢ Control systems aim to reduce direct labor costs, or improve efficiency by enforcing employee compliance with specified rules and procedures and basing employee rewards on some measurable output criteria. †¢ Commitment systems aim to shape desired employee behaviors and attitudes by forging psychological links between organizational and employee goals. †¢ The mills with commitment systems had higher productivity, lower scrap rates, and lower employee turnover than those with control systems. Based on his sample, Huselid found that if firms increase their highperformance work practices by one standard deviation (SD), their turnover would be reduced by 7. 0 5%, productivity increased by 16%. †¢ In terms of financial impact, a one-SD increase in high-performance work practices leads to a $27,044 increase in sales, an $18,641 increase in market value, and a $3,814 increase in profit. †¢ Developed an overall HR Quality Index based on the aggregate ratings of all HR activities adopted by a firm. †¢ Based on the HR Quality Index, firms are grouped into four categories based on their percentile (i. . , bottom 25%, second 25%, third 25%, and top 25%). †¢ Firms that score higher in the HR Quality Index consistently outperform firms with a lower index in four financial measures: market/book value ratio, productivity (i. e. , sales/employees), market value, and sales. U. S. Department of Labor (1993) Summarized all major research studies regarding the HR-firm performance relationship Pfeffer (1994) Identified the five topperforming firms (based on percentage of stock returns) between 1972 and 1992 and assessed their common Arthur (1994) Conducted a survey research from 30 U. S. steel minimills Huselid (1995) Utilized both survey research and financial data of 968 firms Ostroff (1995) Conducted a survey research jointly sponsored by Society of Human Resource Management and CCH Incorporated (Source: Yeung and Berman, 1997) 4. The Case Study Application of Balanced Scorecard is a new progress in Indonesia particularly in public sector as there is no standard for measuring public sector performance until recently. Moreover as a fact, most of Indonesian public hospital administration and financial activities has not applied generally accepted accounting principle which is main accounting system (Alkatiri&Setiyono, 2001). Therefore author’s experience in building a performance measurement system in 3 (three) Nusa Tenggara Province public hospitals will be described at the following case study. In general, road map for measuring the performance is: Figure 4. 1: Roadmap for Performance Measurement ROADMAP OF HOSPITAL PERFORMANCE MEASUREMENT & DEVELOPING UNIT PERFORMANCE SCORECARD MEASURES MEASURABLE THEORY OF PERFORMANCE MEASUREMENT W EIGHT RELIABLE SCORECARD UNIT TRANSPARENT TARGET (Source: Ferdinand, 2003) Figure 4. 1 above shows that theory of performance measurement such as Balanced Scorecard (BSC) provides 3 standards in making indicators, which are measurable, reliable, and transparent. Measurable means the indicators should be a matter of quantitative, not abstract. Reliable means the indicators can be trusted. Transparent means the indicators should be socialized to all parties. Then after determining the indicators, we should pay attention to the measures (indicators), weight of each indicators, and target that should be achieved. In the end, it will produce scorecard for each hospital unit. Detail steps of producing this scorecard can be followed at the following sections. 4. 1. Preparing Activity Value Chain The initial step in making performance measurement standard should begin from preparing activity chain for each staff. In order to make it, we should know our Achievement Generating Factor which is the main task of a job position. In order to make clear description, the example of activity value chain can be seen on the Appendix-Figure 1 for Head of Medical Committee. The activity details that belong to the Activity Value Chain are all activities that are done regularly. For example, routine activity for a lecturer is teaching a class. But the lecturer also has supporting activity such as giving suggestion to his/her students if they are experiencing problems in their study. This different type of activity should be clearly understand in defining activity value chain as a first step before move further to other steps. . 2. Preparing Job Description After determining routine activities in value chain, the following step is making job description. Job description is a description of a job that should be completed by a person in certain position. The example for this Job Description can be seen on the Appendix-Figure 2. In order to formulate good job description, we should pay attention to these factors: 1. Job a ssignment should be detail and concrete. 2. State the assignment in information type so it can be implemented and evaluated. The presented information can be input information or output information. . Determine Information Source that we use to state information type of a conducted assignment. This information source can be officer with whom we cooperate, and what form we use to state the information. 4. Determine the time frame and the person who should implement the informed assignment. 5. Decide how information distribution is implemented. Information distribution can be done by assigning person / department that receives the information and time schedule when the information should be delivered. 6. We also need to determine success measurement criteria for implemented task. . It is our obligation to determine development requirement to be completed by the implementer person so they can do their job competently. 8. It is also suggested that we determine responsibility person for fixed asset whether in unit or monetary form so all staffs feel responsible. Job Description can be implemented if the people who sit on certain position fulfill the required specification. Therefore a job description will be more meaningful if continued by job specification for potential candidate of a position. 4. 3. Preparing Job Specification Job specification is a criteria or requirement for a certain position. There are 2 main classification in Job Specification which are: (See Appendix-Figure 3) a. Initial Requirement It is organization demand to the position holder candidate. b. Development Support After someone fulfills the requirement to sit on a position, then it becomes organization responsibility to develop this position holder. The development support can be in the form of training and education therefore the position holder can be developed and succeed in doing his/her job now or in the future. 4. 4. Preparing Job Performance Standard The previous Job Description will be more meaningful if management has certain scoring tool that can be used as performance measurement for a position holder. In order to have that scoring tool, then it needs to develope a standard which called Job Performance Standard. In making Job Performance Standard, we will determine performance score criteria. The common score standard is as follows: Performance Criteria Very Good Good Average Bad Very Bad Code VG G A B VB Score 5 4 3 2 1 Job Performance Standard consists of: (See Appendix-Figure 4) a. Performance Criteria Scorecard . Job Description c. Performance Indicator d. Performance Criteria e. Target Description By having Job Performance Standard, then it will decrease job evaluator subjectivity so that the evaluated staff and the evaluator person have the same guidance in understanding the performance. Performance Indicator or Performance Measures aims to determine success criteria of a job that bein g implemented by a position holder. This Performance Indicator/Measures can be measured from 2 aspects which are Lagging Indicator and Leading Indicator. a. LAG Performance Indicator is a Final Result Indicator of an activity. For example, Lag Performance Indicator for a Salesman activity: recording sales to achieve target is recording accuracy and timeliness. b. LEAD Performance Indicator or Process Performance Indicator is indicator for supposedto-be-done activity. If this activity can be done, then the Lag Indicator tends to be achieved. As an example for the salesman above, in order to make recording sales activity run well, then it needs some activities such as: (1) Checking data and report completeness and (2) Preparing supporting facility and information to make report. 4. 5. Preparing Job Performance Scorecard Job Performance Scorecard is an achieved performance result of a staff in certain period. From Job Description, Job Specification and Job Performance Standard, then it can produce Design of Management Performance Scorecard that can be used as a tool to measure organization managerial performance. Therefore the organization has a measurement tool that can be used as a guidance to measure overall organization performance. The scorecard can be seen at the Appendix-Figure 5. As a performance report, this Job Performance Scorecard should be published regularly as a complement of hospital financial report. This report can be foundation for management to make decision on what they should do related to their staff performance. Therefore this scorecard should be applied to all management levels from operational level until strategic level so it might run well. 5. Conclusion It is not surprising that Indonesian public hospital still provide minimum medical service with minimum funding support from the government. However, Public Hospital as a public service institution needs a condusive human resource performance measurement system to determine its worker ffectiveness and efficiency weaknesses so it can achieve good corporate governance in the future. Balanced Scorecard has provided a foundation for both private and public sector to measure both sector performances. This foundation can be used by Indonesian public sector particularly regional hospital to improve its performance so in the end it might produce scorecard report regularly that is reliable. All steps from making Activity Value Chain, Job Description, Job Specification, Job Performance Standard, and Job Performance Scorecard can be easily followed as a standard for implementing the BSC into the public health sector. However, this paper is only limited on success story at three Indonesian public hospitals in Nusa Tenggara Province. Therefore future research should be more generalized to other public hospitals or other public sectors in Indonesia. Bibliography [1] [2] [3] Alkatiri, A. & Setiyono, V. (2001). Manajemen & Akuntansi Rumah Sakit. Fa. Sinar Bahagia, Jakarta. Bocci, F. (2004). Defining Performance Measurement. A Comment. PMA Newsletter Vol 3 Issue 1/2 September, pp. 20. Ferdinand, A. (2003) Module for Performance Monitoring: Supervisory Monitoring Scorecard. Training for Hospital Performance Management at East Nusa Tenggara Regional Public Hospitals, a joint programme between EPOS Health Consultant Germany, East Nusa Tenggara Health Department, and AGF Consulting Indonesia Gaspersz, V. (2002). Balanced Scorecard dengan Six Sigma untuk Organisasi Bisnis dan Pemerintah. PT Gramedia Pustaka Utama, Jakarta, Chapter 1. Kaplan, R. S. and Norton, D. P. (1992). Translating Strategy into Action: the Balance Scorecard. Harvard Business School Press, Boston. Kaydos, W. (1998). Operational Performance Measurement: Increasing Total Productivity. CRC Press, pp. 98. Lebas, M. & Euske, K. (2002). A Conceptual and Operational Delineation of Performance in Business Performance Measurement: Theory and Practice. Neely, Andy Editor, Cambridge University Press, Cambridge. Neely, A. , Adams, C. , and Kennerley, M. (2002). The Performance Prism: The Scorecard for Measuring and Managing Business Success. Financial Times Prentice Hall, London 2002 Niven, P. R. (2005). Balanced Scorecard Diagnostics: Maintaining Maximum Performance. John Wiley&Sons, Inc. Subanegara, H. P. (2005). Diamond Head Drill & Kepemimpinan Dalam Manajemen Rumah Sakit. Penerbit Andi, Yogyakarta. Sugiri, S. (1992). Pengantar Akuntansi, Edisi Revisi. AMP YKPN, Yogyakarta. Undang-Undang RI No. 17 Tahun 2003 Tentang Keuangan Negara. BP Cipta Jaya, Jakarta. U. S. General Accounting Office, Human Capital: Key Principles From Nine Private Sector Organizations, GAO/GGD-00-28. Washington, DC. : Jan. 31, 2000 U. S. General Accounting Office, Managing for Results: Using Strategic Human Capital Management to Drive Transformational Change, GAO-02-940T. Washington, DC. : July 15, 2002 Walker, G. & MacDonald, J. R. (2001). Designing and Implementing an HR Scorecard. Human Resource Management, Winter; 40, 4; pp. 365-377. Yeung, A. K. & Berman, B. (1997). Adding Value Through Human Resources Reorienting Human Resource Measurement to Drive Business Performance. Human Resource Management, Fall; 36, 3 : p. 321-335 [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] Appendix Figure 1: Activity Value Chain Name of Position : HEAD OF MEDICAL COMMITTEE Main Goal of Position : Achieve optimum Medical Service Coordination in accordance with medical science and technology and medical profession ethic. VALUE CHAIN DIAGRAM ACTIVITY DETAIL JOB CHARACTERISTIC Head of Medical Committee 1 8 2 3 4 7 6 5 1. Make Medical Committee plan 2. Make Committee and Team, and ascertain duty implementation of Committee and Team 3. Ascertain duty implementation of SMF (Functional Medical Staff) refers to service standard 4. Coordinate SMF education and training 5. Coordinate research and development for SMF medical area 6. Approve Credit Proposal and make DP3 for Head of SMF 7. Make report and conduct evaluation on Medical Committee activities AT AT AT AT AT AT AT Note: AT = Routine Accountability Figure 2: Job Description Division Position Main Activity Make Medical Committee plan : Medical Committee : Head of Medical Committee Job Characteristic AT Information Type Input : Director SK PHO IDI Information Source Person Format †¢ Director †¢ Minister of Health †¢ IDI/ Professional Organisation Relevant person †¢ Letter †¢ Book †¢ Book Head of Medical Committee Annually †¢ Director †¢ Head of SMF On December Job Implementer Time Result Distribution Person Time Success Criteria †¢ †¢ Plan finishing time accuracy (POA) Plan content completeness (POA) Make Committee and Team, and ascertain duty implementation of Committee and Team AT Ascertain duty implementation of SMF (Functional Medical Staff) refers to service standard AT Coordinate SMF education and training AT Coordinate research and development for SMF medical area AT Approve Credit Proposal and make DP3 for Head of SMF AT Make report and conduct evaluation on Medical Committee activities AT uput : POA of Medical Committee Input : POA of Medical Committee Ouput : †¢ Committee SK †¢ Committee Activity Report Input : POA of Medical Committee Ouput : Service Standard Compliance Report Input : POA of Medical Committee Ouput : Activity report of SMF Education and training Input : POA of Medical Committee Ouput : Activity report of SMF Research and Development Input : †¢ Keppres (President Desicion) †¢ SK of Menpan Ouput : †¢ DP3 of SMF Head †¢ Promotion proposal Input : †¢ SK Director †¢ POA Committee Medis Ouput : †¢ Activity report and evaluation of Medical Committee Book Director Letter Head of Medical Committee Annually †¢ Director †¢ Head of SMF On December †¢ Relevant Person Letter Book Activity report time accuracy Director Book Head of Medical Committee Annually †¢ Director †¢ Head of SMF Relevant Person End of January at following year †¢ Reporting time accuracy Form Director Book Head of Medical Committee Annually †¢ Director †¢ Head of SMF Relevant Person End of January at following year †¢ Activity report time accuracy Form Director Book Head of Medical Committee Annually Director †¢ Head of SMF Relevant Person End of January at following year †¢ Activity report time accuracy Form President Menpan Letter Head of Medical Committee Docume nt †¢ Letter †¢ Book Head of Medical Committee 1 month ahead Semi annually †¢ Director 1 month ahead †¢ Arrangement time accuracy Relevant Person †¢ Director †¢ Director Annually †¢ Director †¢ Reporting time a ccuracy Relevant Person Head of SMF Form Figure 3: Job Specification Position : Head Of Medical Commitee Initial Requirement 1. S1/General Practitioner 2. Has 2 years experience at the relevant area Technical Competency 1. Medical basic skill 2. Ability to supervise medical committee task 3. Ability to make decision Managerial Development Competency Support 1. Ability to lead medical 1. Advance study committee S2/Specialist 2. Ability to make plan 2. Training of and policy in regards hospital with medical operational committee task management 3. Ability to make report 3. Training of and evaluation arranging job performance measurement Job Description 1. Make Medical Committee plan 2. Make Committee and Team, and ascertain duty implementation of Committee and Team 3. Ascertain duty implementation of SMF (Staf Medis Fungsional/Functional Medical Staff) refers to service standard 4. Coordinate SMF education and training 5. Coordinate research and development for SMF medical area 6. Approve Credit Proposal and make job performance measurement for Head of SMF 7. Make report and conduct evaluation on Medical Committee activities Figure 4: Job Performance Standard Position : Head of Medical Committee Very Good Score = 5 100% complete 100% from target 100% from target 100% from target 100% from target 100% from target 100% from target Very Good Score = 5 100% complete 100% from target Always Available 100% complete 100% complete 100% from target 100% complete 100% from target 100% complete Date 5 of the following month Good Score = 4 90 – 99% 90 – 99% from target 90 – 99% from target 90 – 99% from target 90 – 99% from target 90 – 99% from target 90 – 99% from target Good Score = 4 90 – 99% 90 – 99% from target 90 – 99% 90 – 99% 90 – 99% from target 90 – 99% 90 – 99% from target 90 – 99% Date 6-9 of the following month Average Score = 3 80-90% 80 – 90% from target 80 – 90% from target 80 – 90% from target 80 – 90% from target 80 – 90% from target 80 – 90% from target Average Score = 3 80-90% 80 – 90% from target Sometimes unavailable 80-90% 80-90% 80 – 90% from target 80-90% 80 – 90% from target 80-90% Date 10 of the following month Bad Score = 2 70-79% 75 – 80% target 75 – 80% target 75 – 80% target 75 – 80% target 75 – 80% target 75 – 80% target Bad Score = 2 70-79% 75 – 80% target 70-79% 70-79% 75 – 80% target 70-79% 75 – 80% target 70-79% Date 11-15 of the following month Very Bad Score = 1

Chapter Outline Chapter 2

Chapter Outline Chapter 2 I. Developmental theories and the issues they raise A. The Importance of Theories 1. Guides the collection of new information a. what is most important to study b. what can be hypothesized or predicted c. how it should be studied B. Qualities of a Good Theory 1. Internally consistent– its different parts are not contradictory 2. Falsifiable– generates testable hypotheses 3. Supported by data– describes, predicts, and explains human development C. Four Major Theories (psychoanalytic, learning, cognitive developmental, contextual/systems) D. Nature/Nurture 1. Nature– genetic/biological predisposition . Nurture– emphasis on experience/environmental impact E Goodness/Badness of Human Nature 1. Hobbes– children are selfish and bad and society must teach them to behave in a civilized way 2. Rousseau– children are innately good and society must not interfere with innate goodness 3. Locke– child born neither go od nor bad, but like a tabula rasa or â€Å"blank slate† F. Activity and Passivity 1. Activity– control over one’s development 2. Passive– product of forces beyond one’s control (environmental or biological) G. Continuity/Discontinuity 1. Continuity– gradual change (small steps) 2.Discontinuity– abrupt change 3. Qualitative or quantitative change a. qualitative– changes in a degree b. quantitative– change in kind c. developmental stages part of discontinuity approach H. Universality/Context-Specificity 1. Universality– developmental change common to everyone 2. Context-specific– developmental changes vary by individual/culture II. Freud: Psychoanalytic theory A. Sigmund Freud: Viennese Physician and Founder of Psychoanalytic Theory 1. Emphasis on motive and emotions of which we are unaware 2.. Theory less influential than in the past B. Instincts and Unconscious Motives 1.Instincts– inborn biological forces that motivate behavior 2. Unconscious motivation– instinctive and inner force influences beyond our awareness/control 3. Emphasis on nature (biological instincts) C. Id, Ego, and Superego 1. Id a. all psychic energy contained here b. basic biological urges c. impulsive d. seeks immediate gratification 2. Ego a. rational side of personality b. ability to postpone pleasure 3. Superego a. internalized moral standards b. perfection principle (adhere to moral standards) 4. Id, ego and superego conflict common/inevitable 5. Problems arise when level of psychic energy unevenly distributed D.Psychosexual Development 1. Importance of libido– sex instinct’s energy shifts body locations 2. Five stages of psychosexual development a. oral stage b. anal stage c. phallic stage d. latency period e. genital stage 3. Conflict of id and social demands leads to ego’s defense mechanisms defense mechanisms– unconscious coping mechanisms of the ego i. fixationâ⠂¬â€œ Development arrested at early stage ii. regression– Retreat to earlier stage 4. Phallic stage– Oedipus and Electra complexes (incestuous desire) resolve by identifying with same-sex parent and incorporating parent’s values into the super ego 5.Genital stage– experienced during puberty a. conflict and distance from parents b. greater capacity to love and have children in adulthood c. teen pregnancy due to inability to manage sexual urges because of childhood experiences E. Strengths and Weaknesses 1. Difficult to test and ambiguous 2. Weak support for specific aspects of the theory (e. g. , sexual seduction by parents) 3. Greater support for broad ideas a. unconscious motivation b. importance of early experience, especially parenting III. Erikson: Neo-Freudian Psychoanalytic Theory A. Neo-Freudians– Important Disciples of Psychoanalytic Theory 1.Notable neo-Freudians: Jung, Horney, Sullivan, Anna Freud 2. Erikson is most important life span ne o-Freudian theorist 3. Erikson’s differences with Freud a. less emphasis on sexual and more on social influences b. less emphasis on id, more on rational ego c. more positive view of human nature d. more emphasis on developmental changes in adulthood B. Psychosocial Development 1. Resolution of eight major psychosocial crises a. trust versus mistrust– key is general responsiveness of caregiver b. autonomy versus shame– terrible twos c. initiative versus guilt– preschool sense of autonomy d. ndustry versus inferiority– elementary age sense of mastery e. identity versus role confusion– adolescence acquisition of identity f. intimacy versus isolation– young adult commitment g. generativity versus stagnation– middle age sense of having produced something meaningful h. integrity versus despair– elderly sense of life meaning and success 2. Personality strengths â€Å"ego virtues† developed during stages 3. Stage develop ment due to biological maturation and environmental demands 4. Teen pregnancy explained as due to weak ego or super ego (management of sexual urges rooted in early childhood) C.Strengths and Weaknesses 1. Its emphases on rational, adaptive nature and social influences easier to accept 2. Captures some central development issues 3. Influenced thinking about adolescence and beyond 4. Like Freud, vague and difficult to test 5. Provides description, but not adequate explanation of development IV. Learning theories A. Watson: Classical Conditioning 1. Emphasis on behavioral change in response to environmental stimuli 2. Behaviorism– belief that only observed behavior should be studied 3. Rejected psychoanalytic theory and explained Freud using learning principles 4.Conducted classical conditioning research with colleague Rosalie Rayner Watson and Rayner condition infant â€Å"Albert† to fear rat a. loud noise was unconditioned (unlearned) stimulus b. crying (fear) was uncon ditioned (unlearned) response c. white rat became conditioned (learned) stimulus producing conditioned response of crying after it was paired with loud noise 5. Classical conditioning involved when children learn to â€Å"love† caring parents 6. Reject stage conceptualization of development 7. Learning is learning B. Skinner: Operant Conditioning 1.In operant (instrumental) conditioning learning thought to become more or less probable depending on consequences 2. Reinforcement– consequences that strengthen a response (increase probability of future response) 3. Positive– something added a. positive reinforcement– something pleasant added in attempt to strengthen behavior b. positive reinforcement best when continuous 4. Negative– something removed a. negative reinforcement– something unpleasant taken in attempt to strengthen behavior 5. Punishment– consequences that suppress future response a. positive punishment– something unp leasant added in attempt to weaken behavior b. egative punishment– something pleasant taken in attempt to weaken behavior 6. Extinction– no consequence given and behavior becomes less frequent 7. Skinner emphasized positive reinforcement in child rearing 8. Physical punishment best used in specific circumstances like†¦ a. administered immediately following act b. administered consistently following offense c. not overly harsh d. accompanied by explanation e. administered by otherwise affectionate person f. combined with efforts to reinforcement acceptable behaviors 9. Too little emphasis on role of cognitive processes C.Bandura: Social Cognitive Theory 1. Humans’ cognitive abilities distinguish them from animals– can think about behavior and anticipate consequences 2. Observational learning (learning from models) most important mechanism for behavior change 3. Classic experiment using â€Å"Bobo† doll showed that children could learn from mode l 4. Vicarious reinforcement– learner changes behaviors based on consequences observed being given to a model 5. Human agency– ways in which humans deliberately exercise control over environments and lives self-efficacy– sense of one’s ability to control self or environment 6.Reciprocal determinism– mutual influence of individuals and social environments determines behavior 7. Doubt the existence of stages 8. View cognitive capacities as maturing over time 9. Learning experiences differentiate development of child of same age D. Strengths and Weaknesses of Learning Theory 1. Learning theories are precise and testable 2. Principles operate across the life span 3. Practical applications 4. Doesn't show that learning actually causes observed developmental changes 5. Oversimplifies development by focusing on experience and downplaying biological influences V. Cognitive developmental theoryA. Jean Piaget Swiss Scholar Greatly Influences Study of Intelle ctual Development in Children 1. Emphasizes errors in thinking (wrong answers) 2. Argues that cognitive development is qualitative in nature B. Piaget's Constructivism 1. Constructivism– active construction of knowledge based on experience 2. Stage progression due to interaction of biological maturation and environment C. Stages of Cognitive Development (sensorimotor, preoperational, concrete operational, formal operations) 1. Sensorimotor stage a. birth to age 2 b. deal with world directly through perceptions and actions . unable to use symbols 2. Preoperational stage a. ages 2 to 7 b. capacity for symbolic thought c. lack tools of logical thought d. cling to ideas they want to be true 3. Concrete operations stage a. ages 7 to 11 b. use trial-and-error strategy c. perform mental operations in their heads d. difficulty with abstract and hypothetical concepts 4. Formal operations stage a. ages 11 and later b. think abstractly and can formulate hypotheses c. can devise â€Å"g rand theories† about others D. Strengths and Weaknesses 1. Pioneer with long lasting impact 2. Many of Piaget’s concepts accepted (e. g. children active in own development) 3. Influential in education and child rearing practices 4. Too little emphasis on motivation and emotion 5. Questioning of stage model 6. Underestimated children’s cognitive skills VI. Contextual/Systems Theories A. Changes Over Life Span Arise from Ongoing Transactions and Mutual Influences Between Organism and Changing World No single end-point to development B. Vygotsky: A Sociocultural Perspective 1. Russian psychologist who took issue with Piaget 2. Sociocultural perspective– development shaped by organism growing in culture 3. Tools of a culture impact development . Cognitive development is social process 5. Children co-construct knowledge through social dialogues with others 6. Paid too little attention to biology C. Gottlieb: An Evolutionary/Epigenetic Systems View 1. Some conte xtual/systems theories have arisen from work by evolutionary biologists a. influenced by Darwin’s work b. genes aid in adapting to the environment 2. Ethology– study evolved behavior of species in natural environment a. birdsongs in the wild b. species-specific behavior of humans 3. Evolutionary/epigenetic systems perspective of Gottlieb a. evolution has endowed us with genes . predisposition to develop in certain direction genes do not dictate, make some outcomes more probable c. Gottleib’s emphases: i. activity of gene ii. activity of neuron iii. organism’s behavior iv. environmental influences d. interaction between genes and environmental factors e. instinctive behaviors may not be expressed if environmental conditions do not exist i. duckling vocalizations ii. baby rats seeking water f. normal development is combination of normal genes and normal early experience g. experience can influence genetic activity and change course of development i. ice che wing and impact on genes ii. lactose tolerance higher in cultures with dairy farming tradition h. difficult to predict outcome (multifactor influence) i. view people in continual flux and change is inevitable D. Strengths and Weaknesses 1. Complex like human development 2. Cannot predict outcome (wide range of paths) VII. Theories in Perspective A. Stage Theorists: Freud, Erikson, Piaget 1. Development guided in universal direction 2. Influenced by biological/maturational forces B. Learning Theorists: Watson, Skinner, Bandura 1. Emphasis on influence of environment 2.Deliberate steps taken by parents to shape development C. Contextual and Systems Theorists: Vygotsky, Gottleib 1. Focus on dynamic relationship between person and environment 2. Focus on impact of both biology and environment 3. Potential exists for qualitative and quantitative change 4. Developmental pathways depend on interplay of internal and external influences D. Changing World Views 1. Our understanding of human d evelopment is ever changing 2. Contextual/systems theories prevalent today 3. Less extreme, but more complex positions  © Copyright 2006 Thomson. All rights reserved.

GOOD HELP IS HARD TO FIND AND KEEPING IT IS EVEN TOUGHER Essay

GOOD HELP IS HARD TO FIND AND KEEPING IT IS EVEN TOUGHER - Essay Example tured Davis as a competent and highly qualified personnel for his ability to perform his duties and responsibilities according to the expectations of the clientele. The initial problem allegedly ensued two and a half years ago when Davis apparently had sexual relationships with one of his supervisors, Susie Jones. The relationship reportedly ended after nine months. Even after the relationship ended, Davis reported to the General Manager, Mark Evans, which Jones had continued to sexually harass Davis in the work setting. This is a relevant issue since sexual harassment was noted to be a violation of the organization’s policies and procedures; and more so, of the laws and regulations stipulated by the Equal Employment Opportunity Commission (EEOC). Another relevant issue stemmed from Davis’ reportedly being afflicted with a skin condition, psoriasis, that recommended his not wearing underwear so as not to exacerbate the alleged irritation and swelling within his genital area (Leonard). To this, when he had to change to the prescribed uniform, other employees see him naked. Thus, another relevant issue that is related here is the inability of management to allot a reasonable accommodation where he and the other employees could change in private. As noted, Davis even suggested using the basement room (even if it had no door), rather than the common room which exposed him to other employees. In addition, it is also important to note that apart from these issues that were identified, the fact that Davis had reported matters to Evans, which were not effectively addressed, made the charges pressing. As reported, the sexual harassment issue was reported by Davis to Evans six months after their relationship ended; but apparently, Evans failed to make any remedial action (Leonard). Evan’s failure to address this matter was evident since the sexual harassment incidents continued and even caused Davis’ to be assigned to less profitable areas and where he was

The Benefits Of College Sports Speech or Presentation

The Benefits Of College Sports - Speech or Presentation Example Instead, they opt to spend the period set aside for sports studying, socializing or shopping.College sports have been beneficial for students who are offered scholarships based on their sporting prowess in games including tennis, American football, basketball and swimming (Shulman and Bowen 154). Students from marginalized communities benefit immensely from such programs. Most colleges in Europe do not pay the deserved attention to college sports as in other continents (Rosner,Scott and Shropshire 428). This is owing to the shared belief that education is more important than college sports. European varsities do not have the same number of sporting events like the ones in the United States and varsities in other regions of the world. In fact, the experience of college sports is not an important part of the college experience in continental Europe. At its best, most institutions have informal leagues for rugby and soccer. For instance, there are irregular college rugby matches at Twin ckenham between Cambridge and Oxford annually. In addition to, there are inter university events in football and basketball but the situation is still wanting in comparison to other continents. Further study into the topic reveals that college sports do not get enough support from the varsities and the sport departments. It has been observed that there are no sports scholarships in Europe. This adversely affects the sporting landscape in the region, as there are no incentives to take part in sports. This means that that the number of students taking part in college sports is minimal. Secondly, college sports events do not get appropriate coverage. This means students lack the necessary information on sports and those excelling in the sports are not recognized for their efforts. Other continents offer full media and television coverage to such events increasing their popularity among the students. Thirdly, a well-established fan base has a positive impact on the college sports scene (Rosner,Scott and Shropshire 428). Regrettably, the fan base for the various college sports is minimal. This further decreases the popularity of such sports. Additionally, it discourages the participation of any students who would be willing to take part in college sports (Shulman and Bowen 154). Fourthly, college sports do not get the necessary funding to develop and expand its activities. Finally, the college stadiums and facilities in the European varsities are not well developed. This means that those taking part in the sports do not get the appropriate training in a healthy environment. Additionally, the lack of proper training and sporting facilities dampen the efforts of the students taking part in the sports. The issue is no different at Franklin College Switzerland since sports are taken too lightly and denied the deserved attention. This is owing to the fact that too much attention is given to education and other extra curricula activities that are considered more importan t. It has been noted that there are no sporting scholarships offered at Franklin College Switzerland. This leads to the decline in attention paid to sports. The college rarely organizes sporting events within the institution and with other colleges. Additionally, the stadium at the institution has an inadequate space to accommodate various sporting activities. The college

Marketing planning consultancy report for NLV Solutions Limited Essay

Marketing planning consultancy report for NLV Solutions Limited - Essay Example To launch the new integrated marketing communications campaign, designed to create brand recall in markets with little knowledge of the brand, considerable preliminary market research will need to be conducted to gain perspectives on consumer attitudes and lifestyles that will translate into an innovative procurement model with product emphasis. The logo utilised to make Vend-O-Matic stand out is based on retro-style signage common during the boom in automats in the 1960s to inspire nostalgic-based consumption behaviours. It is estimated that Vend-O-Matic will achieve a 40 percent increase in sales through this brand-building campaign, justified under premiumisation models in pricing and promotion and through establishment of more cooperative partnerships with many supply chain partners. This will be accomplished by devoting more capital and labour into the promotional function and ensuring innovation in product procurement. NLV Solutions: The Vend-O-Matic Brand 1.0 Situation analysi s Vend-O-Matic is an established brand serving the United Kingdom since the 1960s. Despite this longevity in the automatic vending market, NLV Solutions has been slow to respond to market changes in a sales environment that is strongly driven by consumer attitude and psycho-social characteristics. The methodology by which the company provides talent management through family-based channels is ineffective for response to changing market conditions that continues to erode profitability for this brand. The generic market needs are for top-quality, innovative vending machines, establishment of competitive pricing structures for price-sensitive buyers, and expression of total product convenience to gain target market interest. 1.1 Market summary NLV Solutions has captured quality information about the market and consumer characteristics that will drive success in this repositioning of the Vend-O-Matic brand. This information will be leveraged throughout the entire business model to under stand, specifically, which markets are being served, their tangible and emotional needs, and the most effective methodology to communicate with these markets. 1.2 Target market analysis The dominant market profile in this industry is the 16 to 34-year-old market. The secondary market is the consumer over the age of 55 that contributes profitability through hot beverage vending consumption. 1.3 Mission statement Vend-O-Matic aims to become the most recognisable and innovative vending brands in the UK. Through the establishment of close connections with buyers and renewed focus on customer relationship development, Vend-O-Matic seeks to become a market leader in quality, innovation and responsible product procurement. 1.4 Internal competency analysis Inflexibility under the current family-based management and governance structure is inefficient for achieving market and profit goals. Current management focuses too heavily on the tangibles of service and product and do not focus on the critical dimensions of intangibles required to establish a recognised brand. Consumers are largely risk averse and, to avoid uncertainty, will look for signs and evidence of quality, inferring these perceptions from communications, equipment, pricing, and symbols (Kotler and Keller 2007). Rather than focusing on radical management practices, leadership should be focusing on establishment of a recognised brand in key target markets that requires promotion of

History and the Current Debate on Fox Hunting Literature review

History and the Current Debate on Fox Hunting - Literature review Example The view that man is superior to animal was also pointed out by Aristotle who thought that only humans were â€Å"capable of rational deliberation† (Trevelyan 1922). Hunting is one of the characteristics that mankind holds ever since its existence. It can be traced back to the days of the nomads whose only means of survival was through hunting. But with time, the verb has gone through a drastic change from a means of survival to a sport and thus a necessity has been replaced by entertainment. The Homo erectus hunted for living whereas the man of today hunts because hunting is a hobby and a means of amusement. It is an out-door sport with the intention to exhibit one’s skills or a perfect answer to one’s boredom. But for Paget, hunting is not a sport played at leisure but a dangerous pursuit of an animal in the places where they actually exist freely and reproduce. He says that a shot is solely registered for a hunt and if a man actually deviates from this reason, he is not a hunter and not a part of the sport of hunting (Paget 1900). Hunting is divided into various groups and fox hunting has been placed above all the other forms and has been marked to be the best sports by a group of people. It was and still continues to be the favourite sport of the Britons. Fox hunting is a blood sport as the animal world calls it and is a subject of much controversy as it is the shooting of animals for the purpose of enjoyment (Gast 2006). In Britain, the history of fox hunting holds a large volume and can be traced back to the 17th century when it was at its highest peak. It was the greatest sport until 1914 which was the year when the World War One started and it marked the end of the golden age. It was now surrounded by controversies and a full fledge debate up rooted between the masses whether it should be made legal or not and thus it was a turning point in the history of Britain (Wallen 2006). The history of Fox hunting can be traced back to 1534, when farmers in Norfolk, England started hunting down foxes with the assistance of their hounds. They were trained to follow the fox’s scent and only a hound could kill it while the hunter watched because its meat was not considered edible. The fox hunters were not much attracted to the idea of killing the fox with their own hands. They rather watched the hound do the honors while they sat on their horses and enjoyed the view. The fox was not meant for eating but was a pest that threatened farmers’ livestock and crops (Gradiner 2006). Thomas Fownes was the first man with a pack specifically for fox hunting. He sold it to a breeder in Yorkshire who further spread the transaction and by the middle of the century, several packs were seen that were exclusively kept for chasing down the foxes (Paget 1900). During the eighteenth century, fox hunting had replaced stag hunting and had spread out till Pytchley under the Lordship of Althrop (Trevelyan 1922). It had become the fa vourite sport of the riches who took it as a means of showing their wealth and valour. It was the sport of the higher class that existed in the society. There was a gradual division of class and culture and the upper class now aimed to live a much lavish life. They now, owned colossal estates and houses and enjoyed hunting because they were rich enough to buy and maintain horses and hounds (Gast 2006). The year 1753, is considered to be mark as an important era of fox

Lesuire and tourism operation management Essay Example | Topics and Well Written Essays - 2500 words

Lesuire and tourism operation management - Essay Example over rates’ impact on guest satisfaction within the hospitality industry (with the focus on hotels), prove the writer’s hypothesis that high turnover is detrimental resulting in negative consequences, and that a culture of high turnover does exist and is accepted in the industry. Another aim was to prove that the hypothesis of acceptance of this culture leads to devastating consequences and that high turnover must be prevented, minimized, and managed. In order to meet the aims of the study, it was necessary to examine the causes and nature of turnover, whether it is considered to be bad or if it is considered to be good and necessary in the operation of companies. Existing arguments were examined as some believe that high turnover is desired in the hospitality industry yet some do not believe it to be a positive thing. Another argument included turnover as a culture for the industry. Interviews from hotels/resorts owners and managers were used to provide which proved the writer’s hypotheses and aims. Turnover is when employees stay only for a short time before moving on or becoming dismissed for one reason or another. (D’Announzio-Green, Maxwell, & Watson 2002, quote Barron and Maxwell, 1993, p. 5). â€Å"Turnover is the result of both quits and layoffs.   Thus, some turnover is a result of jobs in one firm being destroyed and jobs in another firm being created  Ã¢â‚¬â€ and hence due to the reallocation of jobs across the economy in response to changes in product demand.   A majority of job changes, however, are because workers reshuffle across the same set of jobs, and this worker reallocation occurs over and above job reallocation,† as written by Lane (2000). Some hospitality industry sources report that turnover rate is between 100 and 150 percent each year. This causes poor attitude amongst staff and affects the quality of service and care that is given to the customers. (Crabtree, 2005.) It is usually considered to be a bad thing; however,

Compare constitutional protections of aboriginal rights in Canada to Essay

Compare constitutional protections of aboriginal rights in Canada to comparable rights protections in another country with an indigenous population - Essay Example dispensation in Canada indicate that the Canadian government has demonstrated interest in creating clauses that would not only promote the rights of the aboriginals, but also group them under a special category which would enable the community to enjoy government protection. In a bid to illustrate the involvement of various governments in protecting the rights of aboriginals, the paper would compare the constitutional protection of the aboriginal rights in Canada and Australia. Both Australian constitution and Canadian constitution recognizes the aboriginal community and the Torres Straight Islanders. This step is critical in strengthening the rights of the aboriginal community in the two countries. However, the constitution of respective countries seems to project or define the extent of protection that it can provide to the aboriginal community. For instance, in both cases, the constitution of the two countries stipulates that it will promote the culture and tradition of the aboriginal community in the present time and in the future. According to the provision of this clause, the constitution defines the protection of the cultural activities of the aboriginal community (Uribe, 2004:1-18). The cultural right includes indigenous practices and traditions that are synonymous with the indigenous community. The enactment of the section 35(1), Constitutional Act 1982 of the Canadian constitution does not only recognize, but also affirms the existence of the aboriginal treaty rights. The Supreme Court decision in the sparrow case indicated that the section 35(1) has set new dimension of protecting the rights of the aboriginals. Available literature indicates that it supersedes the colonial landmarks, which barred the Canadian aboriginal from some fundamental rights (Uribe, 2004:1-18). On the contrary, the Australian constitution fails to demonstrate the protection of the Indigenous rights. The Kruger’s case is one of the historical instances where the protection of

News Conference Assignment Example | Topics and Well Written Essays - 250 words - 1

News Conference - Assignment Example This venture represents another initiative from a tobacco giant in a trend that seems to be catching on in the industry as a result of the reduced demand for traditional tobacco cigarettes. The move was declared on Monday by the returning CEO, Susan Cameron, who had previously served in the same position between 2004 and 2011. Questioned about the plans to set the initiative into action, Cameron said that her key objective was to guarantee that the impetus of the initiative was not only advanced, but accelerated to certify that the corporation would establish themselves in the line before their main competitors could. Just months after the company had relinquished the top-selling blu, which was seen by many as the tobacco industry’s future, to the Imperial Tobacco group, the company head reaffirmed her belief that e-cigarettes could transform the industry. Despite the World Health Organization’s resolve against the use of e-cigarettes, Reynolds is committed towards working and liaising with other players in the tobacco industry to ensure its preeminence within the industry. Currently, the company has ensured that all it products are in line with regulations set by the U.S. Food and Drug Administration, National as well as international policies . Athavaley, A. & Cavale, S. (2014, Jul 15) Reynolds gains in menthol, gives up e-cigarette brand. Reuters. Retrieved from

SHORT ANSWER ONLY Assignment Example | Topics and Well Written Essays - 750 words - 5

SHORT ANSWER ONLY - Assignment Example istics, different distribution of genetic variations which are fundamental and necessary to pursue biomedical studies that will address any menacing diseases that will emerge and adversely affect the population.† (Tiskoff & Kidd, 2004). Scientific racialism is â€Å"defined as the use of scientific techniques, that is, employing anthropology, paleontology, anthropometry and other disciplines, as well as hypotheses to sanction the belief in racial superiority, inferiority or racism† (Scientific racism, n.d.) . After World War II, Racism redeemed a new meaning _ â€Å"racial discrimination and a harmful intent. A racist makes prejudicial judgments. Focusing on the said ‘harmful intent’, contemporary scientists, sociologists, and politicians continue to monitor and study how to prevent racism among groups in the context of more controversial issues on â€Å"race and intelligence, race and health and race and crime† ( Savant, 2008). In order to belong to an ethnic group, one can choose from using Primordial or Circumstantial method. Circumstantial view of ethnicity suggests that to be in an ethnic group, one must be raised in that ethnic group or at the very least be adopted into that ethnic group at some point. (Circumstancialist, 2007). On a U.S. daily basis in U.S. culture, â€Å"characterizing police practices as in racial profiling, in explaining voting patterns in terms of racial or ethnic loyalties; when imputing identities or interests into racial ethnic or national groups† are just some o f the model -related examples (Brubaker, et. al., 2004). â€Å"White Anglo-Saxon Protestants (WASP), originally denoted as an ethnic group, culture, customs and heritage of early Western European settlers in what is today in the U.S. WASP vary in religion, from secular to Episcopalian to Congregational. The 21st century saw WASP influence over U.S. social structure particularly major American institutions, cultural, educational, business and financial entities.

Effects of Foreign Direct Investment Essay Example for Free

Effects of Foreign Direct Investment Essay The possible positive and  negative effects of FDI  inflows Ing. Tomà ¡Ã… ¡ Dudà ¡Ã… ¡, PhD. Possible positive effects FDI provides capital which is usually missing  in the target country Long term capital is suitable for economic  development Foreign investors are able to finance their  investments projects better and often cheaper Foreign corporations create new workplaces Possible positive effects FDI bring new technologies that are usually  not available in the target country. There is empirical evidence that there are spillover effects as the new technologies usually spread beyond the foreign corporations Foreign corporations provide better access to  foreign markets Ex. Foreign corporations can provide useful  contacts even for their domestic subcontractors Possible positive effects Foreign corporations bring new know-how and  managerial skills into the target country Again, there is a spill-over effects – as people leave the corporations they leave with the knowledge and know-how  they accumulated Foreign corporations can help to change the economic  structure of the target country With a good economic strategy governments can attract  companies from promising and innovative sectors Possible positive effects â€Å"Crowding in† effect The foreign corporations often bring additional  investors into the target country (ex. their usual subcontractors) Foreign corporations improve the business  environment of the target country Ethical business or rules of conduct Possible positive effects Foreign corporations bring new â€Å"clean†Ã‚  technologies that help to improve the  environmental conditions Foreign corporations usually help increase the  level of wages in the target economy Foreign corporations usually have a positive  effects on the trade balance Possible negative effects Foreign corporations may buy a local company  in order to shut it down (and gain monopoly  for example) â€Å"Crowding out† effect We can see this effect if the foreign corporations  target the domestic market and domestic  corporations are not able to compete with these  corporations Possible negative effects Foreign corporations may cut working  positions (privatization deals or MA  transactions) Foreign corporations have a tendency to use  their usual suppliers which can lead to  increased imports (no problem if the  production is export driven) Possible negative effects Repatriation of the profits can be stressful on the  balance of payments The high growth of wages in foreign corporations  can influence a similar growth in the domestic  corporations which are not able to cover this growth  with the growth of productivity  The result is the decreasing competitiveness of domestic  companies Possible negative effects Missing tax revenues If the foreign corporations receive tax holidays or  similar provisions The emergence of a dual economy The economy will contain a developed foreign  sector and an underdeveloped domestic sector Possible negative effects Possible environmental damage  Ã¢â‚¬Å"Incentive tourism†

Consent And Informed Consent Nursing Essay

Consent And Informed Consent Nursing Essay The Mosby pocket Dictionary of Medicine, Nursing and Health Profession defines consent as, permission given by an individual acknowledged as legally competent. Informed consent is a requirement necessary prior to any invasive procedure to be performed. Simpson (2011) highlights consent is permission given by the client for a procedure to be implemented. While, Wilhite (2010) explains that informed consent is a process where clients are informed of the risk, benefits and alternative treatment empowering client to play a part to make informed and autonomous decisions proceed for the treatment. As demonstrated by Hall et al. (2012) informed consent encompasses and intersect three different concepts; ethical, legal and administrative factors. Ethically, it safeguards and supports the autonomous decisions made by the client. Hereby, Bosek and Savage (2007) and Rumbold (2002) cites Gillon (1986) defined autonomy as a major ethical principle based on respect for an individual who is capable to think and decide independently for informed choices. Legally, it acts as defence against assault or battery as also supported by Staunton Chiarella (2008). Lastly, administrative purpose ensures that ethical and legal aspects of informed consent are implemented and appropriately documented. In the writers opinion, most sourced definition and concepts are consistent and capture the overall essence of informed consent. However, the definition of informed consent from Mosby pocket Dictionary of Medicine, Nursing and Health Profession lacks the knowledge of information giving and only pointed to invasive procedures. As much as possible, informed consent in nursing procedures should also be included. Consent differs from informed consent. Consent is the act of asking approval to proceed onto a procedure. Conversely, informed consent is a process in which all information relayed is understood by the receiver and decides independently. The act of securing an informed consent is to protect clients rights which resemble the ethical principle of autonomy and avoid any legal ramification to the nurse (Wilhite, 2010). As practicing nurses, we should act as advocates, and build rapport with our client to facilitate the process of obtaining informed consent; Tschudin (2002) affirms that it is also a caring act that involves connecting one another. The next few paragraphs, the professional, ethical and legal drivers will be identified and explained. Professional drivers for nurses are indicated in the professional code of ethics and conduct. It serves as platform for self-regulation, a professional responsibility to ensure that the right and quality duty of care is carried out (Bandman and Bandman, 1995). This corresponds with the ethical theory of Deontology, Thompson et al. (2006) refers Deontology as actions that is based on duties, principles and duties. His view is further reinforced by Bosek and Savage (2007), which emphasise that ones moral duties and responsibilities act is consistent with the right actions. In the Singapore Context, the Singapore Nursing Board (SNB) Code and Ethics and Professional Conduct (1999) value statement 2 states Nurses shall respect the clients right for self-determination and provide them with whatever information they require to make informed decisions concerning their own care. It accentuates ethical principle of upholding autonomy of the client when nurses are securing informed consent. Staunton Chiarella (2008) adds that when a client is asked to give consent to treatment, the nurse is compelled to provide sufficient information. In value statement 2.4, it says nurses should obtain consent for nursing intervention where necessary and collaborate with other members of the health care team to obtain consent for medical treatment. When client are incapable to make informed choices, consent should be sought from family members or significant others. The holistic process of securing an informed consent is encouraged and to be obtained from relatives if otherwise. However, McHale (2009) argues if an adult client ability to decide is deficit or without any represented decision maker; that is appointed by the court or client himself, treatment can proceed in the client best interest and minimise harm caused. This resembles the ethical principles of beneficence and non-maleficence. Beauchamp and Childress (2009) refer beneficence and non-maleficence as acting for the benefit of others following a moral duty and the act of not causing any form of harm. In the context of United Kingdom (UK), the Nursing and Midwifery Council (NMC) Standards of Conduct, Performance and ethics for nurses; Regulation in Practice (2012) declares the regulation of consent taking comprises various aspects of situations, issues and policies. Situational events such as emergencies, issues concern with refusal of consent by competent or incompetent client and minors under age of 16. Lastly, policies of the Mental Health Act, Mental Capacity Act (2005) are incorporated. It embodies the ideal guidelines and procedures of obtaining informed consent. The writer infers SNB say on informed consent taking as ambiguously written, In terms of the choice of words used such as whatever information and where necessary. The writer argues against that whatever information may be misleading on how adequate is whatever information to be disclosed and where necessary is to abide by the convenience of the nurse or clients rights. Conversely, the writer remarks that NMC consent taking procedures are specifically and descriptively written in every section on the regulation. It is used to assist healthcare professional when faced with any moral dilemma or uncertainty. Both professional code of ethics and conduct stresses on the ethical principle of safeguarding autonomy of the clients and protects the nurse against liability of torts. Legal drawbacks related to failure to obtain informed consent may be imposed to the healthcare professionals and face the following claims; battery and/or assault and false imprisonment (Staunton Chiarella, 2008). Fleming (1998) as cited by Aveyard (2002) defines battery and assault as deliberately touching, inducing harm, injury or offensive contact to a client without clients consent. False imprisonment is defined as individual is physically detained from leaving the place (Kelly, 2011). Following a given example, battery may be claimed towards Nurse Jane when she performed a sponge bath intentionally, when the competent conscious adult client who is on complete rest in bed order has refused it. Ethically, Nurse Jane has applied the principles of beneficence, that it is her client best interest that she feels clean fresh after sponge bathing. However, clients autonomy was tempered by not allowing her time to decide and Nurse Jane forced a treatment in contradiction of clients will. Thus, contributing to the liability for tort of battery. In this instance, Nurse Jane has also committed a Paternalistic act. Rumbold (2002) outlines Paternalism as the decisions and preferences of the client are ignored and clinicians act on behalf of the client. The autonomy and beneficent act may conflict and risk becoming a paternalistic act. To prevent paternalism, several writers, (Simpson 2011; Slowther 2007; Aveyard 2002) implies that healthcare professionals should respect clients autonomous rights when treatment is refused even so, if it leads to death. As a practicing nurse, Jane should adopt the caring act and gradually give details about the nature of the intentional procedure. Allowing the client time to decide and promote autonomy. The tort of false imprisonment can be liable to the nurse when a competent client is not committing harm to self or others is detained without his consent (Kelly, 2011). It is similar to a situation whereby a nurse falsely imprisons a competent adult client to the bed raising the side rails of the bed preventing him from getting off the bed without his consent. However, Staunton Chiarella (2008) debates in a contrasting situation whereby after approaches to decrease hostility and violent in an incompetent client failed, the use of restraints are allowed without his consent to protect him and others from potential injuries. The clients next of kin and physician in charge needs to be informed of the reason why he is being restraint at that point of time. It is essential that nurses documents the incident to prevent any liability for the tort of false imprisonment or battery. Moving on, the writer explains how informed consent is obtained and criteria for informed consent to be met via an illustrated example of Nurse Kelly, practising on the surgical floor and had been ordered to insert a urinary catheter for her competent adult client. The criteria(s) that should be met when obtaining consent are; client retains the mental capability to make legal decisions, information given by client is suitable and satisfactory. Lastly, client willingly consents without external pressures or coercion (Thompson et al. 2006). Insertion of urinary catheter is an invasive nursing procedure involving a piece of foreign body into the anatomy of the client. Before commencing on the procedure, Nurse Kelly should alley anxiety of the client by introducing herself; gradually explain the purpose, risk, benefits consequences for inserting the urinary catheter and any reasonable alternatives that is available (Wilhite, 2010). Allowing her some time to decide and make the informed choice. Hence, Nurse Kelly is promoting clients autonomy by allowing client to make optimum decision in the best interest of the client. Nevertheless, Nurse Kelly clients may choose to refuse treatment. Hall (1996) supports, nurses are offering the freedom to refuse when permitting client the autonomy for consent to treatment. This situation often causes great stress and dilemma to the nurse as she has the duty carry out the care to safeguard her client from harm and at the same time, to respect her clients autonomy and the right to refuse. To resolve this dilemma, Nurse Kelly may want to view the decision to refuse, from her clients perspective and the reason for refusal of treatment (Slowther, 2007). At this present times, Chavarriaga (2000) and Cole (2012) admit that the use of implied consent is commonly implemented within the nursing practice. Cole outlines Implied consent as the behaviour of the conscious client is consistent with the nursing procedure that is about to be implemented. It is recognised that the usual nursing procedure such as taking vital signs seen as non-invasive and quick procedure that would not cause any potential harm. However so, the practice of implied should be discourage as much as possible so as to protect patient autonomy and promote meaningful decisions and prevent potential battery can be imposed to the nurse for unrightfully touching. Obtaining informed consent for nursing procedures often seen as a rigid process (Aveyard, 2002). Therefore, as much as possible, it is a better practice in clinical area to practice obtaining informed consent prior to any nursing interventions to uphold the professional obligations as practicing nurses. In a true emergency situation it is an exception area whereby obtaining informed consent is withheld as supported by these writers (Simpson, 2011; Michael, 2002; Chavarriaga, 2000; Hall, 1996). In this exceptional case, consent taking is implied as the ethical principle of beneficence and non-maleficence is prioritised over clients autonomy. It is the Doctrine of necessity where immediate treatment is necessary to preserve the life and prevent harm to the client and it is assumed that client would consent if able to do so (Staunton Chiarella, 2008) In another situation, Michael (2002) insists that when client is scheduled for a surgical procedure that is being done by the physician. It is the responsibility of the physician to secure a written informed consent and not the nurse. As argued by Michael, nurses play a part as a witness and clients advocates during the process of informed consent taking with the physician. Beforehand, nurses could assess for outstanding impairments or limitations such as; language barrier or hearing impairments that would be a hindrance to clients understanding during the process of informed consent (Wilhite, 2010). These are initiatives taken by the nurse to assist and encourage clients autonomy. On balance, literatures referenced are in favour for nurses playing a major role in securing informed consent (Wilhite, 2010; Chavarriaga, 2000; Simpson, 2010; Aveyard, 2002; McHale, 2009; Michael, 2002 Hall et al., 2012). Legal nurses (Wilhite, 2010; Simpson, 2010 Michael, 2002) who authored the literatures emphasise and define on the major role of nurses securing informed consent, Philosopher (Aveyard, 2002 p.243) reaffirms that nurses are required to obtain informed consent prior to nursing care as she views that nurses should not be mechanistic but should be determined by the need of individual patients. Finally, this essay has explained the central importance of whether nurses should or should not play a key role in securing an informed consent. The writer for one believes that nurses should play a major role to secure informed consent for nursing procedures to a greater extend. We are compelled as it is stipulated and articulates in the SNB and NMC code of ethics and conduct. When informed consent is obtained, it acts as a safeguard against legality issues; battery and false imprisonment. However nurses may be faced with obstructions such as time constrains and may choose to obtain implied consent instead. Nurses may face with dilemma when client abuse the freedom of choice and refuse treatment. In spite of those constrictions, in reality, nurses are bounded by guidelines to follow. Thus, nurses have to try their best to accomplish it.