Economic Growth Models Essay Example | Topics and Well Written Essays - 2500 words

Economic Growth Models - Essay Example Y = AKL1-, 0where A measures the level of technology. Output per worker, y = Y/L, is thus given by y = Ak where k denotes the capital-labor ratio. Capital accumulation is given by k = sy - (n + )k, 0 where s denotes the propensity to save, n > 0 the exogenous rate of population growth, and the rate of depreciation of physical capital(Agnor and Montiel 1999, p.671). The Solow-Swan growth model predicts that growth should be uncorrelated with the ratio of national investment to total output (gross domestic product or GDP). If capital markets are open, the model predicts instantaneous convergence of output per capita across countries. Convergence is achieved by capital flows from rich to poor countries and a consequence of these flows is that the ratio of national savings to GDP in each country should differ substantially from the ratio of investment to GDP since there is no reason to expect that countries with high savings rates should be those with large investment opportunities. In the presence of capital market imperfections, such as the inability to borrow to finance human capital accumulation, convergence is predicted to occur more slowly (Farmer and Lahiri, 2003). Figure 1. Equilibrium in the Solow-Swan Model Source: Kalyvitis (n.d., p.6) Assuming that all regions possess similar technology and similar preferences, and that there are no institutional barriers to the flow of both capital and labor across state borders, the Solow-Swan neoclassical growth model predicts that states would have similar levels of real per capita income in the long run (convergence). Across regions of a given... Assuming that all regions possess similar technology and similar preferences, and that there are no institutional barriers to the flow of both capital and labor across state borders, the Solow-Swan neoclassical growth model predicts that states would have similar levels of real per capita income in the long run (convergence). Across regions of a given country that share such a common long-run level of real per capita income, convergence of per capita incomes is driven by diminishing returns to capital. That is, each addition to the capital stock generates large increases in output when the regional stock of capital is small. If the only difference between regional economies lies in the level of their initial stock of capital, the neoclassical growth model predicts that poor regions will grow faster than rich ones—regions with lower starting values of the capital-labor ratio will have higher per capita income growth rates. Other channels through which convergence can occur are interregional capital mobility; the diffusion of technology from leader to follower economies; the redistribution of incomes from relatively rich regions to relatively poor regions of a federal country by its central government; and flows of labor from poor to rich regions (Cashin and Sahay 1996, p.49).Agà ©nor and Montiel (1999, p.677) note that the neoclassical growth model only predicts â€Å"conditional† convergence, that is a tendency for per capita income to converge across countries only after controlling.

Vase with Fifteen Sunflowers Research Paper Example | Topics and Well Written Essays - 1000 words

Vase with Fifteen Sunflowers - Research Paper Example The artwork titled Vase with Fifteen Sunflowers has a significant historical background. It is not a masterpiece that came into existence by chance or due to the sheer whimsy of the artist. It is a well though presentation with a clear intellectual intent and vivid content. This painting is a part of the series Sunflowers (or Tournesols in French). It belongs to a set of paintings executed in Arles in August, 1888. In this set of paintings, we can see bouquets of sunflowers (occasionally in combination with orange hued dahlias) in various styles, contours, and positions. Discussing the historical background of this painting more intricately, it cannot be neglected that the series Sunflowers was painted mainly in two parts. According to Stolwijk and Veenenbos, the first part of the series was executed in Paris in 1887. The second part was executed in Arles during 1888. Many of the Sunflowers artworks were sold or auctioned to various art collectors and museums all over the world. But the fourth version, i.e., Vase with Fifteen Sunflowers, did not leave the artist’s estate at least in his lifetime. â€Å"Vincent began his series of sunflower paintings to enliven the studio of his Yellow House, but from the beginning they always meant more to him than simple decoration. Vincent hoped that his sunflower series would prompt discussions with his guests about art and illuminate for them the aesthetic experience of painting in the south.† Historically, Van Gogh was influenced by his dear friend, Gaugin, at certain stages of his painting career. In the late 19th century, many of his artworks were sold or auctioned to the collectors and museums in the countries like Britain and USA through Gaugin. Thanks to the enthusiasts like Gaugin and several other admirers, we can today see Vase with Fifteen Sunflowers at the National Gallery, London. Contextually, Tellegen (42-45) holds that the environment and culture of Paris also had a profound effect on the painter. The simplicity of this artwork is the main attribute to its artistic value. In Van Gogh’s words, as stated by Mancoff (66), the artwork was â€Å"a picture all in yellow†. We can note only a few touches of green in the branches and stems and blue bordering lines of the table and the vase. Various shades of yellow color were used in the painting. However, this did not give it a pale look. On the contrary, it became a lively masterpiece. Furthermore, th is picture does not belong to any complex genre of paintings. It is simply a still life work. A still life work is that where the painter obtains his idea from the surroundings. Unlike portraits, it may not be an intricate visualization of a real model or subject. Still life paintings may attain high levels of both reality and imagination. In the artwork I am discussing now, it is still not clear enough that whether the painter used some material, model object while painting it or not. In this way, the painting becomes simply intriguing and thought provoking in its genre and time. Part I.D When I looked at this masterpiece, I could see a bunch of sunflowers in a vase. The vase is on a table, seemingly in the front of a plastered wall. The sunflowers in the lower part of the bunch are strangely drooping down. Although two sunflowers at the lowest regions of this floral assortment do not face the spectator directly, they leave a lively impression. Most of the other sunflowers can be s een in a front view orientation. The lines that have been drawn to create the flowers are generally curved

750 to 800 Word Limit Final Assessment Paper to be done in APA format Essay

750 to 800 Word Limit Final Assessment Paper to be done in APA format - Essay Example Their duties include the safeguarding of the university charter; the implementation of performance evaluations; budget allocation and fundraising; the election or appointment of the university president; and the performance assessment and monitoring of the president. President/Chancellor – The University President generally ensures that the university is run properly and that the university’s standards are maintained and sustained; provides overall leadership to the university and its academic and non-academic departments; acts as the mediator between the board and the university administration; and is responsible for the public image of the university (Puss and Loss, 2009). Provost – Also called the Vice President for Academic Affairs, the provost is in charge of everything that relates to academics and student affairs like performance evaluations of professors and students and student disciplinary measures; ensures that the curriculum of every course is complete; works closely with the president; recommends curriculum changes and additions; and acts as the mediator between the academic community within the university and the administrative bodies (Puss and Loss, 2009; Lombardi, et al., 2002). Executive Vice Presidents/Vice Presidents – The various administrative duties of specific departments rest on the shoulders of the university’s vice presidents. They work in close contact with the provost and the president in order to discuss and resolve issues, like finance. Heads of Colleges – The heads of these various schools and colleges are responsible for ensuring the stability and he smooth running of operations in the specific college he or she is assigned to. These academic heads report to the provost to make recommendations on positive changes, as well as resolve issues within their respective colleges. Academic Deans – Academic

Autonomy And Independence In Social Care

Autonomy And Independence In Social Care This report will critically explore how far social care legislation and policies have contributed to the autonomy and independence of people with learning disability problems. The report is divided in four main questions that will lead to an advanced understanding of the topic. It begins by defining the word learning disability in social care, followed by an explanation of what the care needs of people with disability problems are. A discussion on why it is necessary to promote the autonomy and independence of disabled people will be followed by a description of related legislations such as disability discrimination act. In analysing the legislation, it will be shown how far it has contributed to the autonomy and independence of people with disability. EXPLAIN WHAT THE CARE NEEDS OF PEOPLE WITH DISABILITY PROBLEMS MAY BE. A definition of learning disability is included in the â€Å"Valuing People† and states that learning disability includes the presence of: â€Å"A significantly reduced ability to understand new or complex information, to learn new skills (impaired intelligence), with a reduced ability to cope independently (impaired social functioning); which started before adulthood, with a lasting effect on development† (DoH 2001). The impact of disability movement on businesses and service provision are major, as adapting to the disabled needs by physical changes, such as ramps, lowered light switches and lowered reception desks and payphones. The impact of the Social Policy of Britain has been impacted very deeply, and has been able to make significant improvement not just to the individuals who have disability but to the general public. (Borsay, 2005) The area of health access is becoming a major concern. This is due to a number of other factors, which include. The increased longevity for people with learning disabilities with the manifestation of different health concerns linked to age. The survival of children with multiple disabilities into adults with complex needs. The recognition of certain conditions linked to specific disabilities such as Alzheimers and Downs syndrome. The progress of deinstitutionalisation is nearly complete and the remaining large institutions/hospitals are closing and the developments of services in the community are faced with challenges. (Swain et al, 2003) Some of these factors were previously identified within the document â€Å"Signpost for Success† DoH (1998) and are again mentioned partly in â€Å"Valuing People† DoH (2001). Also within the White Paper â€Å"Valuing People† is the recognition that people with learning disabilities having higher health needs than the general population (DoH 2001 p6). These health needs are as a result of increased incidence of epilepsy; cerebral palsy prevalence for both of these conditions is thought to be three times higher than the general population (Drake,2002), visual problems, hearing difficulties and increased dental needs. It is recognised that individuals with learning disabilities are sometimes deprived of the best standard of health care service expected by people who do not have learning disabilities (Drake, 2002). In fact despite their higher health needs people with learning disabilities access primary health care less than the general population (Shakespeare, 2003). It is essential that this inequality of care be addressed and unless this is done with the support of the specialist services, and community learning disability nurses in particular, the health-related needs of people with learning disabilities will continue to be overlooked (Oliver et al ,1996). DISCUSS WHY IT IS NECESSARY TO PROMOTE AUTONOMY AND INDEPENDENCE Autonomy refers to the acknowledgement that a patient is an individual who is also allowed to be given basic rights like the right to information, the right to receive care and treatment and the right to confidentiality (Dalley, 1991). When a patient understands clearly the consequences of complying or refusing his treatment which is called the principle of informed consent, should be the main idea in the cares mind when proposing any form of treatment (Dalley, 1991). The fundamental dilemma is that of balancing the individuals autonomy and civil liberty with the need to protect both the individual and the public from perceived risk. In addition, how far should learning disability go in maintaining a function of social control? Swain (2003) believes that when a nurse does not acknowledge their role as an agent of social control, that fuel the publics misconceptions that surround learning disability. The word ‘care is equally misleading its application of caring for; (protect ion/supervision) and caring for; (worry or show concern). From the perspective of people with disabilities, protected or supervised can sound patronising and disempowering. The need for supervisory care undermines the publics ability to see people with impairment as autonomous people. To most people the term ‘care highlights a dependency as do most of the charities set up to support the needs of people with disabilities.(Borsay,2005) Medical services alone are unable to empower a person with a disability to live independently in the community. The provision of the correct equipment and amenities would empower the person to exercise more control over their life. This can only be achieved by the person with the impairment deciding on the level of care that is provided and the equipment required for them to achieve self fulfilment. The Care Standards Act 2000 gives independence but not autonomy and again restricted by financial constraints. We often see fund raising schemes to raise money to purchase wheelchairs for children with multiple sclerosis and spasticity as the specialist equipment gives them the freedom of mobility with out high dependency. This equipment is not available through the welfare system; however we do pay  £3,800+ per week for people to attend drug rehabilitation units to help them regain control of their lives. Swain and Cameron define autonomy as the ability to make knowledgeable preference s regarding care plan and implementation, (Swain et al, 2003). DESCRIBE THE RELEVANT LEGISLATION AND POLICY People with disabilities face discrimination from a flaw or loophole in the very legislation that is set up to protect them from discrimination; by permitting the rights of proprietors and businesses to make only ‘reasonable adjustments to tackle disabling barriers. Due to the ground of finances, conservation and practicality, disabled people are not treated fairly due to impairment (Disability Discrimination Act, 1995). These barriers can be reflecting in the statistics published by the Disability Rights Commission in 2005, suggesting only half of disabled adults at working age are in employment, compared with four out of five non-disabled people in employment. The DDA 1995 was introduced to prevent people with disabilities from being discriminated on their rights to employment, housing and access to facilities or services. The stipulates adjustments required by employers but only for employers who employ 15 people or more and reasonable adjustments made by housing association s to provide access to housing. The word reasonable can be understood or explained in various ways which lives an open door to some private landlords whom can discriminate on the grounds that they can afford to make the adjustments required. Structures of the buildings do not need to be changed and an alternative access can be made. This is already treating disabled people differently on grounds of impairment and putting a price tag on their equality and disempowering people with impairments. (Barnes, 2002) ANALYSE HOW FAR THE LEGISLATION/POLICY OUTLINED CONTRIBUTES TO THE INDIVIDUALS AUTONOMY AND INDEPENDENCE. Only in 1995 it became illegal in Britain to discriminate against disabled people ‘in connection with employment, the provisions of goods, facilities and services and education. The ‘weak and toothless law of 1995, was amended after the Special Educational Needs and Disability Act was implemented in 2001, which made it unlawful for education providers to discriminate against disabled pupils, students and adult learners . The disability Rights commission in addition to other disability agencies are pressing the government to adhere to new plans to address the low expected institutes and systems to be able to provide premium, service for all special needs people. (Oliver, 1996) Before the Disability Discrimination Act, disabled people could legally be refused employment by employers. The disabled people will unreasonably correspond to jobs of lower status and lower salary jobs, as a result of poor foundation schooling and the lack of opportunities that was made available for the disabled, as mentioned earlier. The stigmatism occurred when the disabled were deemed as ‘unemployable and those who were in employment were openly discriminated against, due to the majority opinion. Employers had a stereotypical outlook to the ability and level of productivity of disabled people. The empowerment of the disabled people is an area of mention. The rise of the disability movement has been based on empowerment of themselves, as it has been mainly led by the disabled themselves. This encourages the disabled users of service to denote unity, and to provide the people of the society a view of ‘ability as opposed to ‘disability. The Community Care Act 1996 is a clear example of attempts of increasing the employment for disabled people. This has had many benefits as the government allows local authorities to release funds directly to service users, who purchase their own services and allocate the services to which they assess as being eligible. It empowers the users to assess their own needs and decide which services cater for their specific needs. The amendments to the law suggest that the society as well as the government were failing in providing disabled people with what they required as humans. British society by making necessary adaptations to laws and services automatically give in to the argument that disabled people were not treated equally, were not provided for equally and were not perceived as equal to those without disability. The significance of the acceptance of the disabled people may be more satisfying to them as opposed to the legislations that were amended to provide for needs, although I do not belittle the benefit that came out of the amendments. The way in which they were addressed has also been impacted as they were called â€Å"crippled† which may have been offensive, to the more accepted â€Å"people with disability†. With regards to the social model the government has failed to accomplish their full purpose of providing for all, hence has impacted them by pressuring them into making changes. (Cameron, 2003) The impact of disability movement on businesses and service provision are also major, as adapting to the disabled needs by physical changes, such as ramps, lowered light switches and lowered reception desks and payphones. The impact of the Social Policy of Britain has been impacted very deeply, and has been able to make significant improvement not just to the individuals who have disability but to the general public. Nevertheless, Borsay (2005) argues that there are many areas in the act(DDA) that have loop holes such as education and transport, and this makes it far from comprehensive. The Act talks about the transport requirements but yet it only talks about how the new transport have to meet minimum access standards for disabled people, but it only applies to land base transport. Even areas such as employment are limited, for example, the act does not apply to the armed services and before 2004, and it only covered employers who employ 15 or more people. The act is very weak for example the definition of disability stated in the act is defined narrowly In terms of impairment and is guided by the severity of the impairment rather than by the experience of discrimination. Some impairments and medical conditions have not been covered such as HIV and Aids, despite the fact that they are another source of discrimination. (Drake, 2002) Although there are many strategies to remove or reduce prejudice in society, for disabled people discrimination remains a significant problem at all levels, as discrimination will always occur because of the peoples attitudes and views against a person with a disability in our society. Thus no matter how many acts legislations are in force, discrimination is an ongoing problem in society, as we can not legislate for peoples attitudes in society. The society should work on educating people about a person with a disability and make them more aware that a disabled person is no inferior to any other person hence no discrimination should be made due to a persons disability. Therefore the social model of disability should be in practise, although it is easier said than done to educate all ignorant attitudes in society surrounding disability. It may be argued that only a disabled person is able to comprehend what it is like to be discriminated on the grounds of employment, education and tra nsport. REFERENCES Books Borsay, A. (2005) Disability and Social Policy in Britain since 1750. Hampshire: Palgrave Macmillan. Dalley, G. (1991) Disability Social Policy. London: Policy Studies Institute. Oliver, M. (1996) Understanding disability from theory to practice. Hampshire: Macmillan Press Ltd. Pierson, J., Thomas, M. (2002) Dictionary of Social Work. Glasgow: Harper Collins Shakespeare, T. (2003) The Disability Reader Social Science Perspectives. London: Contiuum. Swain, J., Finkelstein, V, Oliver, M. (1993) Disabling Barriers Enabling Environments. London: Sage Publications. Swain, J., French, S., Cameron, C. (2003) Controversial Issues in a Disabling Society. Buckingham: Open University Press. Journals Barnes, C. (2002) Disability, Politics and Policy in Policy and Politics. Vol 30 No 3. Drake, R.F. (2002) Disabled people, Voluntary Organisations and participation in Policy Making in Policy and Politics. Vol 30 No 3 Websites General Social Care Council. [Online], Available: http://www.gscc.org.uk/Home/ [10th Nov 2006] http://www.opsi.gov.uk/acts/acts1996/1996030.htm http://www.shaw-trust.org.uk/page/6/89/ http://www.direct.gov.uk/DisabledPeople/EducationAndTraining/EducationArticles/fs/en?CONTENT_ID=4001076chk=AftwGD http://www.education-otherwise.org/Links/Samples/FirstContactSampleLetter.htm

Islam` Essay examples -- essays research papers

The Islam faith was a very predominant one in the world’s past history. When it first started to rise along with the teachings of Mohammed, it was very popular. Their military and cultural achievements were remarkable. When the Arabs first started conquering land, they had affected the language and cultures of those lands. Mohammed was a very spiritual man, who helped Islam rise and conquer.   Ã‚  Ã‚  Ã‚  Ã‚  Mohammed was born in 569 B.C.E. Mohammed had lost both of his parents by the age of 6, leaving him in the care of his grandmother and uncle. At 12 years old, his uncle took him on a caravan to Syria, where he picked up certain points from the Jewish and Christian religions. He married a wealthy woman at age 25, and they produced a few children together. When Mohammed was 40, he had a period of spiritual strain; he felt that God had chosen him to be a prophet. After answering to God and believing that the Koran was communicated to him, he believed he had a divine calling: to teach the power of Allah, he wanted to warn his people of the Day of Judgment, and let them know of Paradise and the rewards it held.   Ã‚  Ã‚  Ã‚  Ã‚  Shortly after he had passed away, his teachings were written down of this new religion, Islam, which meant â€Å"submission to God’s Will†. Mohammed called upon his followers to follow 5 pillars of Islam. In short, they are: 1. â€Å"There is no God but Allah; Mohamed is the Messenger of Allah†. 2. Pray five times daily-dawn, noon, midafternoon, dusk, and after dark. Facing the direction of Mecca, praying on a carpet, shoes removed and heads covered, 3. Moslems must give alms generously, 4. Moslems must fast from daybreak to sunset during the whole month of Ramadan, 5. Once in their lives Moslems, of they can, must make the pilgrimage to Mecca.   Ã‚  Ã‚  Ã‚  Ã‚  The rituals Mohammed created made a strong bond amongst the followers of Islam. They had to obey these five pillars together. Take care of their fellow Moslems who were economically challenged. They also had the Koran, which bound them together as followers, and they had their pilgrimage to Mecca, which they took together with fellow Moslems. The Koran gave guidance for all parts of life for the Moslems-â€Å"for manners and hygiene, marriage and divorce, commerce and politics, crime and punishment, peace and war† (Stavrianos, 178-179). Therefore you coul... ...lind power complex of the Moslems because they thought they were unstoppable. They had a negative attitude towards those not part of their empire.   Ã‚  Ã‚  Ã‚  Ã‚  Egocentricity let down the iron curtain between the Moslems and the west, especially in the field of science. Scholars of the Moslem world were naà ¯ve to the achievements in anatomy, medicine and astronomy. Moslem science had festered with little drive for new discoveries in the years to come.   Ã‚  Ã‚  Ã‚  Ã‚  A final reason for the explanation of the decline of the Moslem empire were that the three greatest Moslem empires were land empires. These people ruling and taking charge in these empires had their backs to the ocean, so they never felt a need to go to sea. The rulers did not help by being uninterested in trading overseas. This situation let Europeans to jump past the Moslems and become leaders in the overseas trading industries. The Europeans controlled the world trade and the stimulated the economic, social and political development of this nation. Europe became increasingly wealthy, productive, and dynamic, completely leaving the Moslem empire following in its footsteps for centuries.

Best Buy Analysis

Best Buy Context Analysis Best Buy Co. , Inc. is a specialty retailer of consumer electronics in the United States, accounting for 19% of the market. It also operates in Mexico, Canada, China, Turkey and the United Kingdom. The company's subsidiaries include Geek Squad, Magnolia Audio Video, Pacific Sales, and in Canada operates under both the Best Buy and Future Shop label (Dual Branding). Together these operate more than 1,150 stores in the United States, Puerto Rico, Canada, China, Mexico, and Turkey.In addition, the company has rolled out over 100 Best Buy Express Automated Retail stores or â€Å"ZoomShops†, operated by Zoom Systems, in airports and malls around the U. S. The company's corporate headquarters are located in Richfield, Minnesota. Best Buy was named â€Å"Company of the Year† by Forbes magazine in 2004, â€Å"Specialty Retailer of the Decade† by Discount Store News in 2001, ranked in the Top 10 of â€Å"America's Most Generous Corporations† by Forbes magazine in 2005, and made Fortune magazine's List of Most Admired Companies in 2006.On March 9, 2009, Best Buy became the primary electronics retail store (online and bricks and mortar) in the eastern United States, after smaller rival Circuit City went out of business. Fry's Electronics remains a major competitor in the western United States. Many locations feature in-store pickup, which can be arranged through the company's website. Climate Factors Political * Best Buy is engaged in various activities to promote the promotion of candidates and political organizations. The company complies with all the laws related to the political contributions and strives to contribute to the  parties that are interested in the well being of their industry (Best Buy, 2009). Economic * The economic slowdown has no doubt affected the business operations of Bust Buy Co. and they are facing consumer related challenges at every point in the market. * Due to these economic conditions, i n 2008, Best Buy Co. asked its employee’s to separate from the company on voluntary basis (ecoustics, 2008).This strategy allowed the company to settle down in the market to some extent. * Corporate partnership with CPW has helped the company to perform better in the adverse conditions of the economy and markets Social * Best Buy is engaged in effective social and community related initiatives. * It has developed Children’s Foundation that aims to support the local communities via its grant making programs. * It took an initiative to give power to teens to improve their relationship and educational status at school and for them to engage in their communities. The company gives grants and store donations to promote education. * Has partnered up with foundations like Admission Possible, AFI Screen Nation, America Scores, American Red Cross Society, Ashoka’s Youth Venture, Boys and Girls Clubs of America, among others. Technological * The company is highly equipped with the latest gadgets and the technology it requires to facilitate its customer base. * They are also using technologies like click stream on the websites to keep the anonymous track of their visitor’s preferences and likes.This technology helps them to develop a better, more secure shopping experience and helps Best Buy to understand how visitors use their website. Environmental * Best Buy launched a program called Greener together to increase the energy efficiency in its products and to reduce the level of waste  by using recyclable packaging and disposing system. * The company also offers free recycling of gadgets large and small. Bust Buy S. W. O. T. Analysis Strength * Consumers have a positive view of Best Buy as opposed to competitors * Strong market presence and wide consumer base provides competitive dvantage. * Loyalty programs – â€Å"Reward Zone† * Acquisitions like Future Shops, Geek Squad, Napster, and Jiangsu Five Star * Knowledgeable Staff W eaknesses * Private Brand recalls * Constrained credit availability Opportunities * Expanding presence in China, Mexico, Europe, Canada, UK, and Turkey. * Private brand potential * Growing online sales * Circuit City’s demise has freed up some of the market * Dual branding in Canada and China Threats * Economic slowdown * Intense competition * Political issues between U. S. and China * Quality issues with Chinese exporters.

Common Law Versus Civil Law Systems Essay

The two principal legal systems in the world today are those of civil law and common law. Continental Europe, Latin America, most of Africa and many Central European and Asian nations are part of the civil law system; the United States, along with England and other countries once part of the British Empire, belong to the common law system. The civil law system has its roots in ancient Roman law, updated in the 6th century A.D. by the Emperor Justinian and adapted in later times by French and German jurists. The common law system began developing in England almost a millennium ago. By the time England’s Parliament was established, its royal judges had already begun basing their decisions on law â€Å"common† to the realm. A body of decisions was accumulating. Able lawyers assisted the process. On the European continent, Justinian’s resurrected law-books and the legal system of the Catholic Church played critical roles in harmonizing a thousand local laws. England, in the midst of constructing a flexible legal system of its own, was less influenced by these sources. It never embraced the sentiment of the French Revolution that the power of judges should be curbed, that they should be strictly limited to applying the law such as the legislature might declare. Thus, British colonists in America were steeped in this tradition. Indeed, among the grievances enumerated in the American Declaration of Independence were that the English king had deprived the colonists of the rights of Englishmen, that he had made colonial judges â€Å"dependent on his will alone for the tenure of their offices† and that he had denied the people â€Å"the benefits of Trial by Jury.† After the American Revolution, English common law was enthusiastically embraced by the newly independent American states. In the more than 200 years since that time, the common law in America has seen many changes — economic, political and social — and has become a system distinctive both in its techniques and its style of adjudication. It is often said that the com mon law system consists of unwritten â€Å"judge-made† law while the civil law system is composed of written codes. For the most part, law in the United States today is â€Å"made† by the legislative branch. To some extent, however, the judge-made law analogy is true. Judicial independence is a hallmark of the American legal system. As a co-equal branch of government, the judiciary — to a remarkable degree — operates free of control by the executive and legislative branches, deciding cases impartially, uninfluenced by popular opinion. The American people respect their courts and judges, even if they sometimes criticize them. In this contrast of common v. civil law, U.S. District Court Judge Peter Messitte (Maryland), considers some basic aspects of both systems and explains how the American common law system compares with that of civil law.Historically, much law in the American common law system has been created by judicial decisions, especially in such important areas as the law of property, contracts and torts — what in civil law countries would be known as â€Å"private delicts.† Civil law countries, in contrast, have adopted comprehensive civil codes covering such topics as persons, things, obligations and inheritan ce, as well as penal codes, codes of procedure and codes covering such matters as commercial law. But it would be incorrect to say that common law is unwritten law. The judicial decisions that have interpreted the law have, in fact, been written and have always been accessible. From the earliest times — Magna Carta is a good example — there has been â€Å"legislation,† what in civil law systems would be called â€Å"enacted law.† In the United States, this includes constitutions (both federal and state) as well as enactments by Congress and state legislatures. In addition, at both the federal and state levels, much law has in fact been codified. At the federal level, for example, there is an internal revenue code. State legislatures have adopted uniform codes in such areas as penal and commercial law. There are also uniform rules of civil and criminal procedure which, although typically adopted by the highest courts of the federal and state systems, are ultimately ratified by the legislatures. Still, it must be noted that many statutes and rules simply codify the results reached by common or â€Å"case† law. Judicial decisions interpreting constitutions and legislative enactments also become sources of the law themselves, so in the end the basic perception that the American system is one of judge-made law remains valid. At the same time, not all law in civil law countries is codified in the sense that it is organized into a comprehensive organic, whole statement of the law on a given subject. Sometimes individual statutes are enacted to deal with specific issues without being codified. These simply exist alongside the more comprehensive civil or penal codes of the system. And while decisions of the higher courts   in a civil law jurisdiction may not have the binding force of law in succeeding cases (as they do in a common law system), the fact is that in many civil law countries lower courts tend to follow the decisions of higher courts in the system because of their persuasive argumentation. Nevertheless, a judge in the civil law system is not legally bound by the previous decision of a higher court in an identical or similar case and is quite free to ignore the decision altogether. The Concept of Precedent In the United States, judicial decisions do have the force of law and must be respected by the public, by lawyers and of course, by the courts themselves. This is what is signified by the â€Å"concept of precedent,† as expressed in the Latin phrase stare decisis — â€Å"let it [the decision] stand.† The decisions of a higher court in the same jurisdiction as a lower court must be respected in the same or similar cases decided by the lower court. This tradition, inherited by the United States from England, is based on several policy considerations. These include predictability of results, the desire to treat equally everyone who faces the same or similar legal problems, the advantages to be gained when an issue is decided that affects all subsequent cases and respect for the accumulated wisdom of lawyers and judges in the past. But it is also understood that primary responsibility for making law belongs to the legislative authority; judges are expected to interpr et the law, at most filling in gaps when constitutions or statutes are ambiguous or silent. Thus, there are important limiting features to the concept of precedent. First and foremost, a court decision will only bind a lower court if the court rendering the decision is higher in the same line of authority. For example, a decision of the U.S. Supreme Court on a matter of constitutional or ordinary federal law will bind all U.S. courts everywhere because all courts are lower and in the same line of authority as the Supreme Court in such matters. But decisions of one of the several U.S. Courts of Appeals — the intermediate federal appeals courts — will only bind federal trial courts within their respective regions. Decisions of a state supreme court on the meaning of a state law where that court sits will be binding everywhere, so long as the state court’s decisions do not conflict with constitutional or federal statutory law. American judges tend to be very cautious in their decision-making. As a rule, they only entertain actual cases or controversies brought by litigants whose interests are in some way directly affected. In addition, judges usually decide cases on the narrowest possible grounds, avoiding, for example, constitutional issues when cases may be disposed of on non- constitutional grounds. Then, too, the â€Å"law† that judges state is only so much of their decision as is absolutely necessary to decide the case. Any other pronouncement on the law is unofficial. Another important limiting feature of the concept of precedent is that the later case must be the same or closely related to the previous one. Unless the facts are identical or substantially similar, the later court will be able to distinguish the earlier case and not be bound by it. The highest court of a jurisdiction, e.g., the U.S. Supreme Court for the United States or a state supreme court within its own state, can overrule a precedent even where the facts of the later case are identical or substantially similar to the earlier case. In 1954, for example, in the famous school integration of Brown v. Board of Education, the U.S. Supreme Court overruled an analogous decision it had rendered in 1896. But such direct over-ruling is not common. What is more likely is that the high court, by distinguishing later cases over time, will move away from an earlier precedent which has become undesirable. But for the most part, the long standi ng precedents of the high courts remain. An Organized Law Where does one go to find the law in America? It might be supposed that with both enacted law and judicial decisions comprising the law, the search would be difficult. But the task in fact is relatively easy. Even though much American law is not codified, it still has been systematized and organized by subject matter. Legal encyclopedias and treatises written by learned professors and practitioners set out the law in logical sequence, typically providing historical perspectives as well. These books of authority contain references to the principles and specific rules of law in a given branch of law, as well as citations to relevant statutes and judicial decisions. Accessing statutes in â€Å"codebooks† and cases in bound volumes called court reports, and nowadays accessing both by computer, is a relatively straightforward undertaking. But it also bears noting that in the common law system, treatise writers do not have the same importance that they do in the civil law system. In civil law countries, such authorities are sometimesconsidered sources of law, looked to for the development of the doctrine relative to a given subject matter. Their statements are given considerable weight by civil law judges. In the United States, in contrast, doctrine developed by treatise writers lacks binding force, although it may be cited for its persuasive effect. Common Law v. Civil Law Apart from these features, there are a number of institutions associated with the common law system not usually found in civil law systems. Principal among these is the jury which, at the option of the litigants, functions in both civil and criminal cases. The jury is a group of citizens, traditionally 12 in number, summoned at random to determine the facts in a lawsuit. When a trial by jury is held, the judge will instruct the jury on the law, but it remains for the jury to decide the facts. This means that ordinary citizens will decide which party will prevail in a civil case, and whether, in a criminal case, the accused is guilty or innocent of the charge against him or her. The institution of the jury has had an important shaping effect on the common law. Because jurors are brought in on a temporary basis to resolve factual issues, common law trials are usually concentrated events, sometimes only a matter of days (although occasionally possibly weeks or months in duration). Empha sis is on the oral testimony of witnesses, although documents also are presented as evidence. Lawyers have responsibility for preparing the case; the trial judge performs no investigation of the case prior to trial. Lawyers, acting as adversaries, take the lead in questioning the witnesses at trial, while the judge acts essentially as a referee. Testimony is recorded verbatim by a court reporter or electronically. The trial court, which is the â€Å"court of first instance† (i.e., where the case is first heard) in the American system, is where the factual record of the case is made. Generally speaking, appeals courts confine their review of the lower court record to errors of law, not of fact. No new evidence is received on appeal. All this stands in marked contrast to what is usually found in civil law systems, where jury trials are for the most part unknown. In a given case, instead of a single continuous trial, a series of court hearings may be held over an extended period. Documents play a more important role than witness testimony. The judge actively investigates the case and also conducts the questioning of the witnesses. Instead of a verbatim record of the proceedings, the judge’s notes and findings of fact comprise the record. Appeals may be taken both on the facts and the law, and the appeals court can and, sometimes does open the record to receive new evidence. Despite their differences, both the common and civil law systems have as their goal the just, speedy and inexpensive determination of disputes. U.S. courts have become particularly sensitive in recent years for the need to continuously reappraise their processes in order to improve the quality of justice. As a consequence of these efforts, there are many other aspects of court activity in the U.S. These range from alternate dispute resolution mechanisms (including arbitration and mediation) to such procedural devices as default and summary judgment, used by judges to decide cases at an early stage without having to proceed to a formal trial.