Controversies on Article - Free Essay Example

Sample details Pages: 7 Words: 2096 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? Since the establishment of the European Union (hereinafter à ¢Ã¢â€š ¬Ã‹Å"EUà ¢Ã¢â€š ¬Ã¢â€ž ¢) with the Maastricht Treaty in 1993, the accession to it, had been perceived as the cornerstone for a state into a new national economic and political development. The crucial premise of the EU is the incorporation of the EU legal order in its entirety into the state national legal system over which the EU has precedence, in other words, limiting its sovereignty in favour of firming up the integration in the EU. Nonetheless this constitute a complicated issue, usually of a great importance, evolve at the accession of a state to the EU. Don’t waste time! Our writers will create an original "Controversies on Article" essay for you Create order This regards the relationship of a member state with third countries, in term of binding nature of existing agreements. Membership to the EU, does not in itself, an imposing stature, to force a recently joined member state to act, in breach of pre-accession international agreements, against a third countries, nor let the parties to the agreements to operate on the basis of this rule forever leading to a disparate interloping, endangering the basic essence of the EU, that is the Supremacy of EU Law. The following paragraph will investigate the role and effects of Article 351 of the Treaty on the Functioning of the EU (hereinafter à ¢Ã¢â€š ¬Ã‹Å"TFEUà ¢Ã¢â€š ¬Ã¢â€ž ¢). This article has been purposely implemented with the aim to deal with these dichotomies, that is à ¢Ã¢â€š ¬Ã‹Å"to make it clear, in accordance with the principle of international law, that application of the EC treaty does not affect the duty of the Member State concerned to respect the rights of third countries und er a prior agreement and to perform its obligation thereunder.à ¢Ã¢â€š ¬Ã¢â€ž ¢[1] This paper will examine the controversies of the Article 351 TFEU, elaborating on the conclusion date of the international agreements, the effect of future amendments to international agreements, the potential collisions, and above all, the supremacy of EU law. The prohibition of international agreements established between Member States, situations whereby third countries are favoured in the interpretation of the provisions, competences of national courts and the Court of Justice of the EU (hereinafter à ¢Ã¢â€š ¬Ã‹Å"CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢) in interpreting international agreements. As a final point, analysing paragraph 3 of Article 351 of the TFEU, concerning obligation to renegotiate or terminate international agreements. 2. Scrutinising of Article 351 TFEU Article 351 TFEU[2] : The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of the Treaties. To the extent that such agreements are not compatible with the Treaties, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude. In applying the agreements referred to in the first paragraph, Member States shall take into account the fact that the advantages accorded under the Treaties by each Member State form an integral part of the establishment of the Union and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and th e granting of the same advantages by all the other Member States. The first part of the article allow Member States to respect their commitments under international agreements towards non-EU states, even if the later conflicts totally with EU principles. The second part enforce a duty on the acceding state, to deal with the dichotomies, and also actively impose on other Member State to support where necessary achieving the intended aim, that is the consistency in the EU. The last part prevents limits the possible benefits through bilateral treaties to EU non-member state. On a general basis, the criteria for an international agreement to fall within the concept of Article 351 TFEU seems clear. The treaty, implicating international rights and obligations, must have been concluded between a Member State and a third countries, before the Member State accession to the EU. In Kadi v Council and Commission[3], the Court has opted to narrow the interpretation, adding a forth cr iterion, prevailing the fundamental principle of EU Law. Under paragraph one of Article 351 TFEU, to simplify the ideology behind the mention date, that is 1 January 1958, is not as easy as it seems. The main ambiguous points is about the wording surrounding the date itself. We are here to deal with either we should take it literally or the intended principle behind. There is this approach that will consider concluding an agreement as the date of signature, while others will consider the act of ratification as the influencing point. Nonetheless, the Court has neither in Commission v Italy nor in Commission v Belgium, when they had the opportunity to clarify, took the opportunity to do it. In Commission v Italy, the court dealt with Italy signing the GATT agreement in 1956 and ratified it in 1958[4] and in Commission v Belgium, a treaty between Zaire and Belgium, applied de facto from its signature. Thus the question of ratification as a condition remains unanswered. Nonetheless, on a logical side, ratification of an international agreement is the clear break that demonstrate the participative factor of a state rather than just an intention by signing. Article 351 TFEU is to enable state to assent to the EU without to breach transnational duties. Thus it is rational that mutual revision to international agreements will enable to discontinue application of article 351 TFEU, so that the EU can enforce its total supreme right over Member State. According to the Court in Commission v Belgium, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Upon amendments made later, the Member states are prevented not only from contracting new international commitments but also from maintaining such commitments in force if they infringe community law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[5] The CJEU also confirmed that it might be possible for agreement with subsequent amendments due to collapsing state like the Federal Republic of Yugoslavia, Czech Republic and others, to fall under the protection of Ar ticle 35 TFEU should the Court establish that the parties intended to follow the principle of the continuity of treaties.[6] After accession to the EU, according to the CJEU, Article 351 TFEU is not applicable to international agreement ratified, concluded by Member state even where EU had no competence in the field at the time, when the Member state ratified it. In clear, the agreement should be rendered compatible toward EU law or eliminated. Every Member state has a general duty of active loyalty towards the EU, to refrain from any activity that might endangered the uniformity goal of the EU, under Article 4 of the Treaty of European Union (Hereinafter, à ¢Ã¢â€š ¬Ã‹Å"TEUà ¢Ã¢â€š ¬Ã¢â€ž ¢). There might be some opportunities whereby the EU has no actual competences in a required field, but can be such in future, so, in case a Member state ratified such agreement base on the absence of competence of EU at that particular moment, cannot in the future when the EU assent to suc h competence to try to be under the protection of Article 351 TFEU. Therefore the court can rightfully conclude that such agreement is in breach of the EU law, and enforce the Member state to take appropriate measures to eliminate incompatibilities, and on failing such, take appropriate EU law breach measures against the Member State. Article 351 TFEU, according to case law, though not very descriptive in the provision, is applicable to only between Member state and a third countries and not intra-EU countries. More often, some treaties contain such provisions that impose such measure to extend privileges offered to intra-EU relationship to third parties of a treaties. These are known as à ¢Ã¢â€š ¬Ã‹Å"most favoured nation clausesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Thus cause problems by extending EU privileges to Non-EU states. Thus the third paragraph of Article 351 TFEU is aimed at limiting the possibility of extending benefits of the EU to non-EU states through bilateral treaties of Membe r states. The Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Competence in dealing with Article 351 TFEU. Under Article 19 TEU, the CJEU do not have the specific competence to interpret national law or international law, however, he court has on several occasion try to interpret both, based on the duty arise under Article 4 TEU, that is the loyalty to the EU. Following the Von Colson principle, it is an obligation of the national court to interpret their national law à ¢Ã¢â€š ¬Ã‹Å"in the light of the wording and purpose of the EU law.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Thus this require the Member state to take all appropriate and reasonable measure to fulfil all obligations and rights arising from the EU treaties. However, such differs from international agreements, the court in BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ v Budvar à ¢Ã¢â€š ¬Ã‹Å"It follows that the national court must ascertain whether a possible incompatibility between the Treaty and the bilateral convention can be avoided by interpreting that convention, to the extent possible and in compliance with international law, in such a way that it is consistent with Community law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[7] Concluding on the competence of the national court, the later has a duty to seek out the direction of the EU law in its pronouncement on the significance and result of an international treaty is apparent. Interpretation of International treaties are codified in Article 31 of the Vienna Convention on the Law of Treaties, according to which à ¢Ã¢â€š ¬Ã‹Å"[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purposeà ¢Ã¢â€š ¬Ã¢â€ž ¢. During interpretation, Courts have a duty to interpret the agreements in reliance to fundamental rights being observed and respected. Measures that are incompatible with the convention of human fundamental rights are unacceptable to the community. INCOMPATIBILITIES. In case of incompatibilities between international agreements and EU law, Member state are obliged to take all reasonable steps to eliminate incompatibilities under Article 351 (2) TFEU, or the most extreme position to terminate an international agreement, in accordance to the Vienna Convention. Member States are under a legal duty to be at mutual assistance and common attitude towards each other to deal with such incompatibilities. The CJEU has indicated two clear structure to follow, as describe below. The first step is that the Member State can use the diplomatic scenario to renegotiate new agreements terms rendering the agreement compatible with EU law. Nonetheless, even if the parties has done reasonably enough in term of negotiation but due to other political scenario, has not been able to achieve the aim to erase incompatibilities, the CJEU has well been clear enough to accentuate that political situation of a Member State à ¢Ã¢â€š ¬Ã‹Å"cannot justify a continuing failure on the part of a Member State to fulfil its obligations under the Treatyà ¢Ã¢â€š ¬Ã¢â€ž ¢[8] The second scenario is that is although following several negotiation, no agreement had been reach, the whole agreement should be rejected. The purpose of such, is to avoid future breach of international law, and protecting both EU and third countries. One more major point to clarify that several state can claim that they have taken sufficient proportionate steps towards making their agreements compatible but nonetheless unfruitful. However, in Commission v Portugal, the CJEU established that even though the Member State has taken proportionate measures, they cannot justify their failure base on the concept of proportionality. However the balance of proportionality is well observe by the EU in preserving a stability between foreign-policy and union interests. Article 351 (1) TFEU safeguards the benefits of the Member States contrary to Article 351 (2) TFEU preserve that of the EU. The Article allow, at the Member State discretion to take the require measures base on their own capability, to condense unsafe agreements to compatible agreements with EU law. A Member state cannot speculate that his rights are not protected as the Union is offering sufficient steps to protect his first. Also, concerning the elimination of incompati bilities, if during the accession, the Union is informed of a conflicting obligation under an international agreement, the latter is introduced in the act of accession so as to compel the state to withdraw from such treaties or obligations, for example a pulling out an agreement concerning pollution, that the EU is already a signing party to. Also, state are advice to eliminate incompatibilities as earliest as possible before the accession or nearest post-accession date. Most certainly the said Member state will be granted a deadline to eliminate an inconsistent agreement by means of a Regulation. [1] Case T-315/01 Kadi v Council and Commission [2005] ECR II-3649 [2] Article 351 TFEU (ex Article 307 EC) [3] Case T-315/01 Kadi v Council and Commission [2005] ECR II-3649 [4] Case 10/61 Commission v Italy [1961] ECR [5] Case 471/98 Commission v Belgium [2002] ECR I-9681 [6] Case C-216/01 BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ Budvar [2003] ECR 2787. [7] Case C-216/01, BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ v Budvar [2001] para. 169. [8] Case C-170/98, Commission v. Belgium [1998] paras 37, 42

Code Of Conduct For Law Enforcement Essay - 1465 Words

Ethics in Criminal Justice Assignment 1 Sydney E Vaughn CRJU 1400 Ethics and Cultural Perspectives in Criminal Justice Professor Stephen N. Knights Jr October 22, 2016 Contents Introduction 2 Police Ethics 2 Corruption 3 Police Corruption 3 Police Discretion in Ethics 4 Code of Conduct for Law Enforcement 4 Types of Police Corruption 4 Ethics in the Courtroom 5 Prosecuting Attorneys 5 Defense Attorneys 5 Ethics in Police Training 6 Closing 6 Introduction Ethics by definition states that it’s the study of morality. Ethics are the basis of our criminal justice system. From the arresting officers who take an oath to serve and protect, to the attorneys and courts, we assume the behavior and rules are ethically and morally sound. We as the public should think we are in good hands when it comes to the Criminal Justice System. I think we should have people in the system with good morals and great values. We want to be assured that our laws and those enforcing them are supported. Police Ethics Police Ethics are always under constant scrutiny these days it seems. Police officers are held to a higher standard by the public and are expected to always act appropriately in the way they interact with the community or a suspect. Basically ethics is just doing the right thing. For example, a police officer is expected to stop and help a stranded person in a car, but sadly that sometimes doesn’t happen. Hopefully the police officer could not because they had a more serious callShow MoreRelatedPolice Codes Of Conduct And Police Code Of Ethics1560 Words   |  7 Pagescommon law of the land, there are additional rules and principles they must abide by. This is illustrated in the police officer s code of conduct and police code of ethics. Many police departments have their own code of conduct which are to be followed by the officers. Just like any other profession, there are no fool proof rules and standards. 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It is the hope that while this training is available to officers, that they hold a basic code of ethics within themselves which would deter them from that which is considered â€Å"bad† in today’s society. In some instances, that is not the case. More often than not, police officers are ethical and are forthright in their jobs; however, thereRead MorePolicing1068 Words   |  5 PagesThis paper will analyze the relationship between ethics and professional behavior in the administration of criminal justice. It will also explain the role of critical as well as a seminar proposal on ethics that will include five areas of ethical conduct. The reader will be informed why these areas were chosen and what the benefits of this training wi ll do for the officers and the community. Ethics and Professional Behavior in the Administration of Criminal Justice â€Å"Ethics, also known as moralRead MoreThe Ethical Dilemma Of The Law Enforcement Code Of Ethics1309 Words   |  6 Pagessergeant have to order Tony not to get Johnny in trouble? Within this paper, I will discuss and examine the ethical dilemmas Johnny is confronted with and compare them to the Law Enforcement Code of Ethics. Keywords: corrupt morals, ethical dilemmas, repercussions, code of ethics Ethical Dilemma The practice of moral conduct challenges the generally accepted standards. An ethical dilemma is defined as a person has difficulty doing what is right, does not know the correct course of action, orRead MoreThe Ethics Of The Arizona Peace Officer Standards And Training Board941 Words   |  4 Pagesprinciples contained in a code of ethics for my discipline relate to the issue. Law enforcement has one key ethical issue: integrity. Dictionary.com defines integrity as â€Å"adherence to moral and ethical principles; soundness of moral character; honesty.† According to Cartwright, G. (2010) those who work in law enforcement â€Å"deal with temptation continually.† He continues by explaining that while most officers make the right decision, some do not. When the actions of law enforcement violate both ethicalRead MoreEthics in Criminal Justice Administration Essay1533 Words   |  7 PagesThis paper will analyze the relationship between ethics and professional behavior and the role critical thinking plays in the relationship of ethics and professional behavior. Because law enforcement plays a big role in ethics and professional behavior I will propose a training seminar for law enforcement. Not only are the consequences of unethical acts by criminal justice professionals quite serious, but there are also many possibilities for conflicts to arise in the area of criminal

Corruption and Crime and Misconduct Commission - Free Samples

Question: Discuss about the Corruption and Crime and Misconduct Commission. Answer: Introduction Australian employment relation is a tricky sector that requires proper regulation that ensures workplace laws are maintained and are adhered to. Fair Work Ombudsman is a critical organization within the Australia workplace since the organization assist in monitoring and enforcing workplace laws. Fair Work Ombudsman ensures and regulates the implementation of best workplace practices that include fair treatment of employee by employers. In event of conflict between employee and employer the Fair Work Ombudsman launch investigation and arbitrate to find a lasting solution to the conflict. In addition, the organization help in negotiating trade deals between employees and various key stakeholders within the Australian workplace so as to enforce the workplace laws. Complainants are also investigated by the organization through carrying out workplace audit on the company or industry where there is complains. Upon finding the problem or source of conflict, the organization through its trib unal enforces the penalty on the party found breaching the laws and awards the victim. The following paper, therefore, explores the role of Fair Work Ombudsman and its effectiveness in Australian system of employment relations. Fair Work Ombudsman is a body that ensures workplace compliance and advisory functions set out in the FW Act. Fair Work Ombudsman is a task of the act to investigate and workplace complains and enforces workplace laws. Fair Work Ombudsman is litigating to enforce workplace laws and workplace best practices. Fair Work Ombudsman works together with Fair Work Commission to foster good working environment within Australian workplace through arbitration and workplace laws monitoring. Roles of Fair Work Ombudsman Fair Work Ombudsman plays an important role in Australian employment and workplace. The role of Fair Work Ombudsman needs thorough consideration of the central position held within the Australian workplace. Firstly, Fair Work Ombudsman help employers, constructors and companies comply and understand Australia's workplace laws. It is the role of the organization to regulate the compliance with workplace laws. Within this role, the organization ensures that any complains especially about the compliance to workplace laws are dealt with according to the laws. The Fair Work Ombudsman tribunal offers the necessary advice to various employers within the Australian workplace. Fair Work Ombudsman monitor compliance through conducting a self-audit based on the employers checklist self-audit developed according to national workplace rules. The organization ensures national workplace rules are adhered to and workplace guidelines are fully implemented within the employment organization (NSW Ombudsman, 2004). Secondly, Fair Work Ombudsman provides information and advice to employers on matters with the workplace. FWO normally provides the workplace advice on employment laws and employment relations that may affect the terms of employment and remuneration of employees. In the provision of advice to employers, the FWO offer a single point of contact for employee and advice on labor relations in Australia. In addition, Fair Work Ombudsman help small and medium businesses implements workplace initiatives accepted practices without the bridge of workplace laws. This implies Fair Work Ombudsman ensures employees and employers have a good working relationship in a happy and productive environment (Wolgemuth, 2010). Thirdly, Fair Work Ombudsman investigates workplace complaints in the bead to help settle a dispute between employees and employers. In the event of workplace complains especially about the bridge of workplace laws, the organization investigate complains that are lodged. The organization also investigates awards and possible agreement between parties within the Australia workplace. Fair Work Ombudsman tribunal is a task to investigate and settle a dispute between parties within the workplace. The Fair Work Ombudsman tribunal provides various guidelines that assist employers and employees deal with complaints while the Fair Work Ombudsman itself acts as arbitrator. Fair Work Commission work in hand with Fair Work Ombudsman to ensure that complains are herd and settle fairly. Moreover, Fair Work Ombudsman enforces the penalty on offenders and awards those that breach workplace laws (Lam Lau, 2012). Fourthly, Fair Work Ombudsman enforces Commonwealth workplace laws through the organizations tribunal. The organization monitors the adherence to rule of laws especially those workplace laws according to Commonwealth laws. The organization also educates employers and employees on the Commonwealth laws and their importance at workplace. To do this effectively, Fair Work Ombudsman has online platform that provides guidelines and procedures for public use. Finally, the Fair Work Ombudsman promotes harmonious, productive and cooperative workplaces. The organization litigates on various laws that aims to promote the harmonious working environment. To fully carry out this role, the organization seeks to prevent people from committing workplace wrongs and litigates any workplace wrongs. Moreover, the Fair Work Ombudsman promotes productive workplace environment based on workplace laws. It also the role of Fair Work Ombudsman to create a cooperative workplace that is within the confines of workplace laws. Furthermore, Fair Work Ombudsman ensures there is a good working relationship between companies, unions and other stakeholders within the Australian workplace (Sias et al., 2011). The effectiveness of Fair Work Ombudsman There are various criteria that are used to assess the effectiveness Fair Work Ombudsman within the Australian workplace. The effectiveness of Fair Work Ombudsman is based on laws used to settle disputes, implements guidelines and policies, achievement of the organization and various activities that facilitate fair working environment. The effectiveness of Fair Work Ombudsman is based on the organizations ability to resolve disputes. As the role of Fair Work Ombudsman, the organization litigates various disputes between employers and employee. This dispute resolution determines the effectiveness Fair Work Ombudsman since its ability to resolve these conflicts based on Australian workplace laws. The organization negotiates the outcome of every conflict and assists parties to settle disputes between themselves. In addition, as an arbitrator, the Fair Work Ombudsman is effective in ensuring policies used in settling disputes and follows guidelines in settling disputes. One way the organization has been effective in carrying out formal workplace audit and investigation to reach conflict resolution. Fair Work Ombudsman offers conflict resolution based its area of jurisdiction and formulates steps used in the resolution of conflict (Administrative Review Council, 2008). Another way of assessing the effectiveness of Fair Work Ombudsman is based on the ability of the Fair Work Ombudsman to implements guidelines and policies in the workplace. The organization has various guidelines that assist the organization to work effectively. The organization has disputes resolution policies and guidelines. Fair Work Ombudsman has various policies that have been on the forefront in dispute resolution. According to Howe and Tess (2012), the organization has been effective in the utilization of police frameworks during settle of disputes between various individuals in the Australian workplace. In addition, the organization has been effective in litigation of various disputes within the workplace. The Fair Work Ombudsman has been effective in implementing guidelines and procedures in the workplace (Lee, 2005). The effectiveness of Fair Work Ombudsman is also assessed based on achievement of the organization in the Australian workplace. Firstly, the Fair Work Ombudsman has been effective in settling of disputes between employers and employees. The organization has been effective in negotiations between dispute parties within the workplace. Secondly, the organization also has been effective in monitoring the relationship between unions and various stakeholders within the Australian workplace. Moreover, Fair Work Ombudsman connects various stakeholders and Fair Work Commission in order to bring harmony in the workplace. The organization has been effective in connecting all these key players in the workplace based on workplace laws and procedures (Fair Work Ombudsman, 2018). The effectiveness of Fair Work Ombudsman is also connected to various activities that facilitate fair working environment. The organization has been on the forefront conducting campaigns activities that inform employers and stakeholders on the importance of complying with workplace laws and commonwealth laws. Campaign activities normally run nationally, regionally or state-based and the scope of the activity is based on the specific target group. In addition, the organization relies on workplace audit to conduct campaigns with major focus employers. The Fair Work Ombudsman also use company records to support its activities in the workplace and this help in organizations campaigns. Moreover, the organization effectiveness is also witnessed through campaigns conducted on media to facilitate the awareness of workplace laws and policies (Fair Work Ombudsman, 2014). Despite the effectiveness of Fair Work Ombudsman in conflict resolution and other activities, the organization also has weaknesses. Fair Work Ombudsman is sometimes facing conflict due to conflict between the organization and Fair Work Ombudsman or lack of jurisdiction for particular conflicts. For instance, conflict between Fair Work Ombudsman and Fair Work Commission that result in area of jurisdiction. This weakens the ability of the organization to arbitrate on conflict between Fair Work Ombudsman and other stakeholder within Australia workplace. Conclusion In conclusion, Fair Work Ombudsman plays an important role within the Australian workplace. Fair Work Ombudsman acts as an arbitrator that solves conflict arising at workplace between two or more parties. Some of the roles that Fair Work Ombudsman play include solving the conflict, enforcing workplace laws, advising employers and linking Fair Work Commission and various stakeholders such as unions and employees within Australia. The effectiveness of Fair Work Ombudsman is assessed based on the organization's ability to solve the conflict, implement guideline and workplace best practices, and various campaign activities aiming to create awareness on workplace laws. Reference Administrative Review Council, (May 2008). The Coercive Information-Gathering Powers of Government Agencies, Report no. 48. Commonwealth Ombudsman, Fair Work Ombudsman: Exercise of Coercive Information-Gathering Powers, Report no. 09-2010, June 2010. Fair Work Ombudsman, (2018). Effective dispute resolution: Page reference No: 2386, available at https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/best-practice-guides/effective-dispute-resolution Fair Work Ombudsman, (2014). Audits and campaigns, archived from the original, available at https://web.archive.org/web/20140222103532/https://www.fairwork.gov.au/about-us/audits-and-campaigns/pages/default.aspx [Retrieved on 22 February 2014] Howe, J. Tess, H. (2012). The Use of Enforceable Undertakings as a Strategic Labour Law Compliance Strategy, Centre for Employment and Labour Relations Law, University of Melbourne (draft unpublished 2012), page 1. Lam, L.W. Lau, D.C. (2012). Feeling lonely at work: investigating the consequences of unsatisfactory workplace relationships. The International Journal of Human Resource Management, 23 (20): 42654282. Lee, H.E. (2005). Exploration of the Relationship Between Friendship at Work and Job Satisfaction: An Application of Balance Theory. Michigan: Michigan State University Department of Communication. pp.144. NSW Ombudsman, (2004). Investigating Complaints: A manual for investigators, June 2004, page 74. Sias, P.M. et al., (2011). Maintaining Workplace Friendships. Communication Research, 39 (2): 239268. Wolgemuth, L. (2010). Be Wary About Chancing a Workplace Romance. U.S. News World Report, 147 (11): 56. Victorian Ombudsman, (2007). Conflict of Interest Victorian Ombudsmans Concerns, October 2007. Independent Commission Against Corruption and Crime and Misconduct Commission, Managing Conflicts of Interest in the Public Sector: Guidelines (2004).

Mythology And Religion Essays - Anthropology Of Religion

Mythology And Religion MYTHOLOGY AND RELIGION Throughout history people have been fascinated with the subject of religion and mythology. In this paper I will define both religion and mythology, and show how mythology can be seen as a religion. First you must have some understanding and definition of religion before you can see how it relates to mythology. Webster's New Riverside Dictionary defines religion as, a. Belief in and reference for a supernatural power accepted as the creator and governor of the universe. My definition of religion would be a belief in a god as a higher or Supreme Being, and with a system of beliefs and practices. I perceive religion as a way to explain the unexplainable. Secondly you must determine what myths are and how they are created. The word myth comes from the Greek word mythos, which in turn means story, tale or fiction. Webster's New Riverside Dictionary defines a myth as, A traditional story originating in a preliterate society, dealing with supernatural beings, ancestors, or heroes that serve as primordial types in a primitive view of the world. Myths like any religion try to provide an explanation for unanswerable questions. Greek mythology should not be mistaken for fact since there is no scientific evidence of these events but should be taken as advice. This is not saying that all mythology is untrue or fictional. Like in any religion, faith is the domineering factor; for without faith religion would cease to exist. Joseph Campbell states that, The material of myth is the material of our life, the material of our body, and the material of our environment, and a living, vital mythology deals with these in terms that are appropriate to the nature of knowledge of the time (Campbell 01). Greek mythology is similar to modern religion in many ways. Like Christianity, Mythology gave meaning to everyday situations. It also formed religious bases and a social structure for which it laid the common law for people. In today's religious setting most would see the common law to live by illustrated in the Bible. Like the Greeks we build altars, temples and churches to give praise to our God. In every religion we as a society have created a hero or savior that will save the believer from great despair and tragedy. Prometheus and his battle for mankind is seen as one of the greatest Greek heroes. Though heroes do not have to be strong and mighty, they must be able to turn chaos into order. Campbell speaks of the metaphysical hero Buddha, who conquers chaos within himself to find nirvana. Buddha believed that if you could conquer the chaos inside of yourself you would find internal peace and happiness. For the Christian believer Jesus can be seen as a hero for he to conquers everyday chaos. Though twenty-four hundred years have elapsed we really have not evolved that much from the Greek era. Our world still searches for the truth and tries to discover the unknown and conquer the unimaginable. It is important to remember that without myths there would be an unexplainable void in history. Mythology is not only an explanation for the unknown but a tool that helps us better understand one another. Religion Essays