A Person Centered Theory By Carl R. Rogers - 1584 Words

Person-Centered Theory Carl R. Rogers is known as the founding father of person-centered therapy. He was born in Oak Park, Illinois, in 1902 to a devoted Christian and a civil engineer (Rogers, Kirschenbaum, Land, 2001). In 1922 Rogers began to doubt his religious teaching from early on in life, he sought a more liberal education at the Union Theological Seminary (Rogers, Kirschenbaum, Land, 2001). After two years he left to attend Columbia University to study clinical and education psychology. Rogers went on to write four major books: The Clinical Treatment of the Problem Child (1939), Counseling and Psychotherapy: New Concepts in Practice (1942), Client-Centered Therapy (1951), and Psychotherapy and Personality (Rogers Dymond, 1954) (Walsh, 2010; Patterson, 2007). Carl R. Rogers constructed the person-centered theory by his influences of Elizabeth Davis and Frederick Allen who studied under Jessie Taft as well as Otto Rank and John Dewey (Patterson, 2007; Walsh, 2010). Influenced by Jessie Taft, Roge rs adopted an optimistic view of people, individuals are capable of recreating themselves and are not the end products of their past (Patterson, 2007; Walsh, 2010). Otto Rank advocated that treatment of a client be centered around that client and that therapist be more emotionally involved within the process. Third Rogers was influenced by John Dewey who helped him understand and develop his position that self-actualized people live in harmony rather then conflictShow MoreRelatedComparing Psychodynamic Psychotherapy and Person-Centered Psychology1735 Words   |  7 PagesPsychotherapy and Person-Centered Psychology The counseling profession has a broad spectrum of possibilities when it comes to choosing which psychological approach to take. The field of counseling takes many forms and offers many career options, from school counseling to marriage and family therapy. As there are numerous styles in existence, it is important to be aware of the many approaches available to take. For my research two psychological approaches, Psychodynamic Psychotherapy and Person-Centered PsychologyRead MorePerson Centered Psychotherapy And Carl Rogers Essay869 Words   |  4 PagesPerson-Centered Psychotherapy and Carl Rogers Carl Rogers (1902-1987) is the founder of person-centered psychotherapy approach. Person-centered psychotherapy, which is one of the most popular approaches in modern psychology, is a sub-group of humanistic-existential counseling. The other two approaches under this umbrella are existential counseling and gestalt counseling. (Gehart, 2015) Rogers was born into a highly conservative Protestant Christian family in Greater Chicago area. He became interestedRead MoreCarl R. Rogers : The Founding Father Of Person Centered Therapy1605 Words   |  7 PagesCarl R. Rogers is known as the founding father of person-centered therapy. He was born in Oak Park, Illinois, in 1902 to a devoted Christian and a civil engineer (Rogers, Kirschenbaum, Land, 2001). In 1922 Rogers began to doubt his religious teaching from early on in life, he sought a more liberal education at the Union Theological Seminary (Rogers, Kirschenbaum, Land, 2001). After two years he left to attend Columbia University to study clinical and education psychology. Rogers went on to writeRead MoreThe Theory Of The Fully Functioning Person1146 Words   |  5 Pages Carl Rogers (1961) as stated that â€Å"the concept of the fully functioning Person, It was an attempt to spell out the picture of the person who would emerge if therapy were maximally successful† (On becoming a person: A therapist’s view of psychotherapy p.183) This fully function person as Carl Rogers (1961) described is a person who is in touch with his deepest and innermost feelings and needs. The individual understands their own emotions and place a deep trust in their own instincts and urgesRead MoreHumanistic and Existential Personality Theories1136 Words   |  5 PagesPersonality Theories Many theorists have dedicated their lives trying to figure out how the personality of a person is shaped. While the theories presented have brought up interesting and valid points on what causes personality, there are others that have taken a different approach to its study. There is the Humanistic-Dynamic theory by Abraham Maslow, the Person-Centered theory by Carl Rogers, and the Existential Psychology made popular by Rollo May. Analyze how humanistic theories affect individualRead MoreMy Integrative Counseling Theory Proposal Essay1550 Words   |  7 Pages â€Å"My Integrative Counseling Theory Proposal† Monica Blount Point University Abstract This paper will examine the theories of two prominent Psychologist; Carl Roger and Aaron Beck. Cognitive Behavior Therapy was developed by Aaron Beck who believed that individuals ‘were a by product of their environment. Person Center Therapy understand that people can use their strengths and resources to solve their own problems. This paper will describe how these two models can be used to integrate therapeuticRead MoreHumanistic Psychology Essay1631 Words   |  7 PagesThe focus of this paper is the person-centered approach, which is the understanding of personality and human relationships in psychotherapy and counseling in the areas of client-centered therapy, education of student-centered learning, organizations, and other group settings. Even though psychoanalysis and behaviorism have made major contributions to psychology, it has influenced the understanding and practices of the humanistic movement, specifically with the therapies for the different mental disordersRea d MoreContrasting Psycodynamic, Cognitive Behavioral and Person-Centered Counseling Theories1732 Words   |  7 PagesCounseling is a process that enables a person to sort out issues and reach decisions affecting their life. Often counseling is sought out at times of change or crisis, it need not be so, however, as counseling can also help us at any time of our life† (Woods, 2005). Counseling theories are used by counselors as part of their treatment plan for clients. There are many types of theories that counselors can choose from. These theories are usually hosen based on the client needs and what the counselorRead MoreA Summary of the Psychodynamic Theory and Sigmund Freuds Ideas1826 Words   |  7 PagesIt is difficult to summarize psychodynamic theory without a brief discussion of Freud. Sigmund Freud is the father of psychoanalysis, the father of psychodynamic theory, and in effect the father of modern psychotherapy. Freuds notions retain quite a bit of popularity, esp ecially his ideas that things are not what they seem on the surface. Because of his understanding of the mind and behavior, Freud considered that overt behaviors were not always self-explanatory (or perhaps not often explanatoryRead More Carl Rogers Theory of Person Centered Therapy857 Words   |  4 PagesThe theories of Carl Rogers brought about much change to the world of psychology. He was the first to publish complete therapy sessions for later review and study. Changing the term â€Å"patient† to that of â€Å"client† since talk therapy is non-medical for his approach calling it Person Centered Therapy is often now the preferred term (Kirschenbaum Jourdan, 2005). The main objective of â€Å"Person-Centered Therapy† would be that of helping the client in assuming responsibility and putting it into the client’s

Do Judges Make Law Free Essays

University of London Common Law Reasoning and Institutions Essay Title: ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish. ’ Student Number: 090500532 Candidate Number:L8000 The declaratory theory of English common law is that the function of the judge is to declare what has always been the correct legal position at common law. We will write a custom essay sample on Do Judges Make Law or any similar topic only for you Order Now In carrying out this task judges should aim to treat like cases alike so as to bring certainty and consistency to the application of the law and for this purpose they should observe the doctrine of precedent based on the hierarchy of courts. This declaratory theory preserves the constitutional role of the judges and leaves the task of legislating to the Parliament. The doctrine of judicial precedent is based on the principle of stare decisis which means that like cases should be treated alike. The general rule is that all courts are bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions. This is known as the principle of stare rationibus decidendis; usually referred to as stare decisis. It translates simply as ‘Let the decision stand’. Stare rationibus decidendis is the more accurate statement because, as we shall see, it is the reasoning (rationibus) that is the vital binding element in judicial precedent. However, nobody actually refers to it this way. What stare decisis means in practice is that when a court makes a decision in a case then any courts which are of equal or lower status that must follow that previous decision if the case before them is similar to that earlier case. So, once one court has decided a matter other inferior courts are bound to follow that decision. The practice of precedent was established in the mid-nineteenth century and reaffirmed in 1898 in London Street Tramways Co. ltd v London County Council. The motive was that it was felt that decisions of the highest appeal court should be final in the public attention so that there would be certainty and consistency in the law and an end to litigation (the speech of the Earl of Halsbury LC). But it is seemed that always it is not happening this way. Judges while making decisions have choices. There can be distinguishing, overruling, reversing or disapproving. When judge finds that the material facts of the case he is deciding are sufficiently different for him to draw a similar decision between the present case and the previous precedent, he is not then bound by the previous case. This distinguished the case from Balfour v Balfour. Also in Merritt v Merritt it was held that the agreement was not just a domestic arrangement but meant as a legally enforceable contract. Overruling may occur where the decision in an earlier case is wrongly decided. In Hedley Byrne co Ltd v Heller Partners Ltd the judges follow overruling, this is where a court in a later case states that the legal rule decided in an earlier case has been strongly decided. This would normally happen when a court higher in the hierarchy over-rules a decision made by a lower court in a previous case. The doctrine of judicial precedent has fallen victim to many conflicting arguments as to whether it is being followed as a strict set of rules or a mere practice of the judiciary to bring consistency and certainty. Therefore a concise discussion of these arguments is necessary before we come to any conclusion regarding this topic. We need to find out, is there anything which makes the precedent strict? In UK the Parliament is the ultimate body that makes law. However, the judiciary also makes law by way of judicial pronouncements. Where the parliament is consisted by those people who are elected by the voters usually the citizens of UK, but judiciary is not elected. Under the English legal system, parliament is the highest authority and sovereign, so, the statutory law is the law which is as strict as no one can change or modify it without parliament itself. On the other hand law made by judges which is called case law is flexible. If we look upon the history of common law tradition we can see the development of case law over time to time with the changing society and commercial needs. Determining the boundaries of judicial law making is partly a doctrinal and partly a constitutional question. A useful place to start is Lord Scarman’s speech in McLaughlin Appellant V O’Brian. The appeal in this case raised the very question of the relationship between the legislature and the judiciary. Lord Scarman argued that the judge had jurisdiction over a common law that ‘knows no gap’ and no ‘casus omissus’. If this is the case, the task of the common law judge is to adapt the principles of the law to allow a decision to be made on the facts in hand. This may involve the creation of new law. Whatever the case, judicial reasoning begins from ‘a baseline of existing principle’. The judge works towards a solution that can be seen as an extension of principle by process of analogy. For Lord Scarman this is the distinguishing feature of the common law: the judicial creation of new law, as the justice of the case demands. This process may involve policy consideration, but, the judges can legitimately involve themselves in this activity, provided that the primary outcome is the formation of new legal principles. In those cases where the formation of principle involves too great an intrusion into the field of policy, the judge must defer to parliament. We can see the position of the organs and understand that judicial precedent is not a rule from the parliament to follow. It is a practice of judiciary to look upon. The term ‘judicial precedent’ has at least two meanings. First, it may mean the process whereby judges follow previously decided cases. Secondly, it may refer to the decided case itself- a ‘precedent’ which may be relied on in the future. Before 1966, the House of Lords regarded itself as being completely bound by its own past decision unless it had been made per-incurrium. But after 1966 practice statement issued by Lord Gardiner the House of Lords was no longer bound by precedent. In order to bring development in common law with the changing circumstances of the society the House of Lords did not follow the precedent too rigidly. However both the ECJ and the House of Lords can over-rule their own decisions made in previous cases. Such as the decision of Davis v Johnson has been overruled by Pepper V Hart. In their practice judges also follow the method of reversing. If the decision of the lower court is appealed to a higher one, the higher court may change it if feels that the lower court has been wrongly interpreted law. Reversing occurs when a court higher up in the hierarchy overturns the decision of a lower court on the basis of an appeal in the same case. In Re Pinochet the House of Lords reversed its own previous decision for the first time. Judges also disapprove or abolish a principle when a decision is reached by carelessness or mistake. In Kleinwort Benson V Lincoln City Council, the House of Lords abolished a two hundred years old common law principle that money paid by mistake of law is not refundable. The House felt that this common law principle was in direct contradiction of the principles of restitution and unjust enrichment. In Vestey V Commissioners of Inland Revenue the House of Lords overruled its own previous decision in Congreve v Commissioners of Inland Revenue. In R v G the House of Lords overruled the decision of R v Caldwell. As lower court, the Court of appeal in many cases did not follow the House of Lords decision. In R v Faqir Muhammad the Court of Appeal decided to follow Privy Council case Jersey v Holley and not the decision of House of Lords in R v Smith (Morgan). Even in R v R, the House of Lords held that rape can be occurred within married couple, overturning a legal principle that had stood for centuries. The House stated that it was merely a common law myth which is not compatible with the existing social values. Some judge’s feel that they must adhere to precedent at all cost because this promotes certainty. Others take a more creative standpoint. It is submitted that they do both things: they adhere to precedent and also use or adapt precedent to justify their decisions. Therefore despite our strict views of stare decisis there exists the role of choice in our judicial process. Judges after all try to achieve fairness. If common law is not modified by the judges then according to Lord Goff in Kleinwort Ltd v Lincoln Council: ‘the common law would be the same now as it was in the reign of Henry II †¦ [but it] is a system of law reacting to new events and new ideas†¦ ’. The doctrine of binding precedent achieves certainty and flexibility at the same time Bibliography: Mohammed B. Hemraj. Judges as law makers. Legal Journals Index. 2011 . Flanagan Brian and Ahern Judicial decision-making and transnational law: a survey of common law Supreme Court judges. International Comparative Law Quarterly 2011 Kirby Michael . Judicial dissent – common law and civil law traditions. law Quarterly Review 2007 Malleson K, the English Legal System, 3rd Edition, Oxford University Press. Gearey Adam, Morrison Wayne and jago Robert ‘’ the politics of common law ‘’ 2009 Holland, James and Webb, Julian. Learning Legal Rules. 7th edition. Oxford University Press. 2010 How to cite Do Judges Make Law, Essay examples

What Determines the Type of Strategy a Firm Adopts free essay sample

Strategy is derived from the vision and mission of an organisation. Having a strategy allows the organisation to gain competitive advantage against its competitor and assist them to adapt themselves in the changing market. Therefore, the determinants of strategy are an important aspect to consider as they influence the type of strategy a firm adopts in different levels; corporate, business and functional of the organisation. There are many determinants that can affect the type of strategy an organisation adopts, but there are three important ones which firms emphasize heavily on in the strategic management process. The three determinants are the competition they face in the micro environment, the resource of an organisation as well as the mission and objectives of the organisation in the internal environment. Organisations have control over these determinants as they are closely related to the organisation. By identifying and understanding the determinants of strategy, this will allow the organisation to plan and implement strategies to ensure long-term growth and survival. We will write a custom essay sample on What Determines the Type of Strategy a Firm Adopts? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page A competitive advantage is an advantage over the competitor, gained by offering consumers greater value. In a business an organisation operates, the strategies they implement are mostly driven by competition (Porter, 2008). Competitions are seen as threats, which hinder an organisations growth, profit and position in the market. In the article of Porters five forces that will shape strategy, three of them refers to competition from external sources, which Porter (2008) refers to as the micro environment. They are the threat of new entrant, threat of substitute products or services and rivalry among competing organisation, which will be discussed. The other two forces that are bargaining power of customers and suppliers. Porters five forces theory emphasizes on the external impact on strategy formulation and advises organisations to evaluate these forces in an industry to position themselves in the market. This theory is generally used in the analysis of an industry and development of business strategy. It also suggests that, in the corporate level, the objective of the corporate strategy should be superior profitability and manage these forces to improve the position of the organisation in the market. Profitable markets that yield high returns will attract new entrants who pose as a threat to existing competitors in the market. The reason is that when there are more competitions, the increased in production capacity without a concurrent increase in consumer demand will cause a decrease in the overall market profitability. Existing firms in the market will have their position and market share threaten, directly impact on their profitability. These new entrants will try to enter the market, bringing new capacity and a desire to gain market share that puts pressure on prices, costs, and the rate of investment necessary to compete (Porter, 2008). An example of this situation was when Aldi, a German owned company entered the grocery market with a low-price strategy, they gained a market share about 6% thus putting pressure on the existing company like Coles and Woolworth. The entry barrier thus became an important factor to consider as a low entry barrier will make it easier for new firms to enter the market and vice versa. To counter the threat of new entrants, managers from the corporate and business level has to adopt strategies to prevent them from entering the market. The strategy option they may adopt in the business level might be a differential strategy which is to differentiate their product or a cost leadership strategy which is lowering their product cost to raise the entry barrier. The threat of substitute products and services according to Porter (2008) are not competitors similar products or services but are entirely different. For example, Pepsi in this case is not considered a substitute for Coca-Cola but for water, milk or tea. The substitute can be a totally different product, but it can still satisfy the needs and wants of the customers. For instance, a customer wanted to buy a bouquet of roses for his wife but change his mind and bought a ring instead. The ring, therefore, indirectly became a substitute for the roses. These substitutes increase the risk of customers to switch to alternatives, which will result in the decline in sales. When the threat of substitutes is high, industry pro? tability suffers (Porter, 2008, p84). Unless organisations distance itself from substitutes with product performance, cost, marketing, or other means, it will suffer in terms of pro? ability and often growth potential. A good example is providers of long-distance telephone service. They had suffered a decline of users when inexpensive internet-based phone service such as Skype was introduced. Therefore, the organisation has to adopt a business strategy to counter this threat. An organisation might choose to adopt a differentiation strategy to seek competitive advantage through uniqueness (Schermerhorn, 2011). This strategy emphasize s in developing their product and services that are clearly different and unique compare to the potential substitute. Rivalry among existing competitors takes on many forms, including price discounting, new product introductions, advertising campaigns, and service improvements (Porter, 2008). The intensity of rivalry among competitors in an industry refers to the extent to which firms within an industry put pressure on one another and limit each other’s profit potential. If rivalry is intense, competitors will try to divert profit and market share from one another. This reduces profit potential for all firms within the industry. Porter (2008) argues that there are several factors that determine the intensity of competitive rivalry in an industry. If the industry consists of numerous competitors and competitors are of equal size or market share, the intensity of rivalry will be high. Also, if the industry’s products are undifferentiated or are commodities, rivalry will be intense as they will compete to gain customers. Brand loyalty is also an important factor. If the customer loyalty toward a brand is insignificant and consumer switching costs are low, the competition for market share will be intense. If competitors are strategically diverse, they position themselves differently from other competitors. An industry with excess production capacity will have greater rivalry among competitors. Lastly, high exit barriers, costs or losses incurred as a result of ceasing operations, will cause intensity of rivalry among industry firms to increase. The resource of an organisation has a huge influence on the strategy they adopt. Examples of resources of an organisation are its employee, infrastructure, funding, knowledge and technology. The resource of a company is limited, so organisation must plan their strategy based on the capability of their resources. In some cases, although the resource could be lacking, this could actually encourage strategic plan formulation, even if it makes the implementation stage more difficult (Berry Wechsler, 1995, as cited in Poister, Pitts, Edwards, 2010). According to the dynamic capability theory; an organisation can gain and sustain competitive advantage if the organisation is able to deploy their resources effectively within its business. Dynamic capability refers to the ability of a ? m to reposition itself in the face of a changing environment (Teece, Pisano, Shuen, 1997, as cited in Danneels, 2011) by changing its set of resources (Eisenhardt Martin, 2000, as cited in Danneels,2011). For example, Smith Corona, formerly one of the world’s leading manufacturers of typewriters, was challenged to exercise dynamic capability in the face of the dissipation of its main pro duct category (Danneels, 2011). In order to face this challenge, they adopted a brand extension strategy that is the use of established brand names to enter new product categories (Keller Aaker, 1992, as cited in Danneels, 2011). Their first step was leveraging existing resources involves putting them to new uses (Danneels, 2002, 2007; Miller, 2003 as cited in Danneels, 2011). Smith Corona tried to leverage its brand, distribution, and customer understandings in order to enter product categories other than typewriters. Leveraging resources that Kathleen Sull (2001) discussed in their theory of Strategy as a simple rule is one of the approach to strategy. They suggested that by leveraging the resource of a company, it allows them to sustain a competitive advantage in the long-term. By using the simple rules, priorities can be set for resource allocation among competing opportunities (Kathleen Sull, 2001). For example, Intel, the computer software manufacturer realized a long time ago that it needed to allocate manufacturing capacity among its products very carefully, given the enormous costs of fabrication facilities. At a time of extreme price volatility in the mid-1980s, when Asian chip manufacturers were disrupting world markets with price cuts and accelerated technological improvement, Intel followed a simple rule which is allocating the manufacturing capacity based on a products gross margin. Without this rule, the company might have continued to allocate too much capacity to its traditional core memory business rather than seizing the opportunity to dominate then ascent and highly profitable microprocessor niche (Kathleen Sull, 2001). There are many types of resources within a firm, for example, human and financial resource. Human resource refers to the staff employed. An organisation is unable to function without human resource. It is an important aspect to consider because it distinguishes a successful company from an unsuccessful company as the performance of the business relies on the performance of its employee. Organisations often choose employees based on the qualifications, experience and skills required for the work. In addition to this, they conduct various kinds of training programs so that employees can upgrade their skills and perform better. OShannassy (2003) stated that all individuals in the organisation can think strategically, not just the chief executive officer (CEO). Therefore, it is worth the effort to train them to increase the quality of the workforce. This relates to human resource management (HRM). In the functional level of an organisation, various functional strategies are used to guide the use of resources to implement business strategy effectively. HRM is the strategic and coherent approach to the management of an organizations most valued assets; its employee. The HRM process is the process of attracting, developing and maintaining a quality workforce (Schermerhorn et al, 2011). It analyses the needs of the staffs and takes action to satisfy these needs. The purpose of HRM is to make sure the organisation always has people with the right abilities available to do the required work (Schermerhorn et al, 2011). Financial resources concern the ability of the business to finance its chosen strategy. Any project or strategy an organisation deploys requires investment and often risks. For example, a strategy that requires significant investment in new products, distribution channels, production capacity and working capital will place a great strain on the business finances. Therefore, it is important to understand the financial resource of a business and plan strategy based on it. The SWOT (strength, weaknesses, opportunities and threats) analysis is a technique that can be used to analyse the organisational resources and capabilities. Using this technique, managers from all levels of an organisation will be able to identify the strength and weaknesses of the organisation, therefore, is able to allocate and use the resources effectively. The mission and objectives of an organisation determine the type of strategy it adopts. The strategic management process begins with a careful assessment and clarification of the organisational mission, values and objectives (Schermerhorn et al, 2011, p. 218). A clear sense of mission and objectives act as a starting point for assessing the organisations resources and capabilities as well and competitive opportunities and threats in the external environment (Schermerhorn et al, 2011). The mission or purpose of an organisation may be described as its reason for existence in society (Schermerhorn et al, 2011). It sets a direction for the organisation and provides a vision for its business. For example, China announced its objectives in the 21st century was to achieve sustainable levels of development aimed at improving domestic economic and political stability, and to legitimise the continuation of ne-party rule (Schermerhorn et al, 2011). Businesses in China were strongly influenced by the governments overall mission and by adapting to this mission while competing in the global market, businesses in China had grown strong in the global market. Whereas a mission statement sets forth an official purpose for the organisation and the core value s describe appropriate standards of behavior for its accomplishment, operating objectives direct activities towards specific performance results(Schermerhorn et al, 2011). With an objective, a corporate strategy can be set based on it, to give a direction as to where the organisation is heading. An example is, Porter (2008), argues that the ultimate goal for any business or profit seeking organisation should be superior profitability. By having this goal, it will create value for investors in the form of above average returns, which is returns that exceed what an investor could earn by investing in alternative opportunities of equivalent risk (Schermerhorn et al, 2011). All organisation except for non for profit organisation are profit driven. A company may have many other objectives, but if there is no profit in the business then they will have to end the business. So to achieve this objective, at the corporate or business level organisation, they may adopt a growth or diversification strategy. The growth strategy pursues an expansion of the current operation, whereas diversification takes place through acquisition or investment of different business areas (Schmerhorn et al, 2011). With the growth of the business, there will be growth in profit. This can be seen from the rapid growth of the company Boost Juice Bars with the fruit juice as their product. Their mission was to promote healthy living, and their objective is to build Australias largest collection of juice bars (Schermerhorn et al, 2011). They implement their growth strategy by the means of franchising. Franchising is a business relationship in which the franchisor (the owner of the business providing the product or service) assigns to independent people (the franchisees) the right to market and distribute the franchisors goods or service, and to use the business brand for a fixed period of time. With franchising, they were able to expand their company throughout Australia as well as other countries. The competition, resources as well as the mission and objectives of an organisation are some of the many determinants of strategy an organisation adopts. These determinants were all considered to create strategies that enable the organisation to gain competitive advantage over their competitor and effectively utilize the limited resources they have. These determinants discussed are limited to the internal and micro environment which closely relates to the business of an organisation. To fully understand all the aspects on what determines the type of strategy a firm adopts, research on the macro environment where the organisation has no control of, is required.