Does Legal Reasoning Differ From Moral Reasoning Essay Example

Does Legal Reasoning Differ From Moral Reasoning Paper Does Legal Reasoning Differ From Moral Reasoning In Any Way? Different bookmans have come to different decisions refering the connexion between moral and legal logical thinking. Legal logical thinking is a procedure undertaken by Judgess. It is besides the procedure of divining legal theory. This essay will concentrate on both types of legal logical thinking and their connexion with morality. First, MacCormick’s formalist attack will be discussed, secondly the political position of the Critical Legal Studies Movement, thirdly, Dworkin’s construct of jurisprudence as unity, fourthly the relationship between ‘practical reason’ and jurisprudence, fifthly, Hart’s lingual doctrine will be discussed as a method of value free legal logical thinking and eventually the difference between moral and legal logical thinking will be discussed in the visible radiation of the essay. We will write a custom essay sample on Does Legal Reasoning Differ From Moral Reasoning specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Does Legal Reasoning Differ From Moral Reasoning specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Does Legal Reasoning Differ From Moral Reasoning specifically for you FOR ONLY $16.38 $13.9/page Hire Writer For MacCormick, a lawfully concluding justice is bound by the demand to ‘do justness harmonizing to law.’ [ 1 ] For the most portion, he is non to roll into political morality, instead, he is to lodge to the field significance of the jurisprudence. InLegal Reasoning and Legal Theory[ 2 ] McCormick shows how, in some cases, judicial logical thinking can be strictly deductive. That is to state that the justice moves from a major and minor premiss to a logical decision. Deductive logical thinking is a logical procedure and free from value opinions. He sets out an illustration of deductive judicial logical thinking inDaniels and Daniels v R. White and Sons and Tabard 1938[ 3 ] . In that instance, the complainant, Mrs Tabard had been sold a bottle carbolic acid instead than the lemonade she ordered. Finding the suspect to be apt, MacCormick argues that the tribunal reasoned therefore ; major premiss, there is an incontestable regulation of the legal system ( here s.14 ( 2 ) of the Sale of Goods Act 1893 ) , minor premiss, the facts of the instance, deductive decision, the tribunals determination in favor of Mrs Tabard. Such deductive logical thinking is non ever possible. In ‘hard’ instances, judicial logical thinking can non be dictated by such simple, value free, logic. MacCormick contends, nevertheless, that to a really big extent, judicial logical thinking is non moral logical thinking. It is deserving disbursement sometime sing what ‘hard cases’ really look like. MacCormick characterises them as falling into three classs, jobs of ‘relevancy’ , ‘interpretation’ and of ‘classification.’ The illustration he gives for relevance is the celebrated instance ofDonoghue V Stevenson ( 1932 )[ 4 ],in this instance the House of Lords had to make up ones mind whether or non the responsibility of attention regulation was relevant between consumers and makers. His illustration for reading is specific to equivocal legislative acts. InEaling V Race Relations Board 1972[ 5 ],the House of Lords had to make up ones mind whether the instead equivocal statutory give voicing forestalling favoritism on evidences of ‘national origin’ besides encapsulated the term ‘legal nationality’ . The tribunal, in fact, held that favoritism because of legal nationality was allowable under English jurisprudence. A job of categorization is shown byMacLennan V Maclennan 1958[ 6 ],here, the tribunal had to make up ones mind whether or non unreal insemination is distinctive under the bing legal regulations specifying criminal conversation. Judges, in ‘hard’ instances, do non ‘set aside the jurisprudence books’ and dainty ‘gaps’ in the jurisprudence as an chance to pass, instead, they assess the substantial mass of jurisprudence contained in the ‘law books’ in line with certain modification demands. The demands of ‘formal justice’ , ‘consistency’ and ‘coherence’ . Having taken these demands into history, the justice so decides on the footing of which determination would hold the best effects. In make up ones minding the best result in relation to effects, nevertheless, the tribunal can non govern unless its determination is permitted or correspondent to an bing legal regulation. In a ‘hard’ instance the judges’ determination is limited foremost by ‘formal justice.’ This has a really specific significance. MacCormick considers formal justness to intend that no determination can be given that can non be universalised. No determination is a complete ‘one off.’ If you say that X has a right to retrieve for foreseeable harm suffered from a decomposed snail in a mass produced bottle, you have invented a category of fortunes in which such a determination will ever be the instance. The demand of consistence is the same as it’s lay-meaning. Judicial opinions can non belie other countries of jurisprudence. For MacCormick, the jurisprudence has ‘rational purpose’ , that is objectively identifiable purposes. The demand of coherency in judicial opinions means that the tribunal can non make up ones mind in such a manner that contradicts the general purposes of the jurisprudence. The illustration he gives is that the tribunal can non make up ones mind that different coloured autos should hold different velocity bounds, because that would be out of sync with any nonsubjective rational intent in the organic structure of jurisprudence. Taking into history these demands, the judge’s logical thinking is farther limited by MacCormick’s construct of ‘principle.’ For MacCormick, rule in jurisprudence exists as a affair of fact. A legal rule is merely deducted from bing legal regulations. A justice can non do a determination which departs from bing legal rules. He can, nevertheless, make determinations by analogy to rules, i.e. he can widen bing rules into similar instances. The justice is clearly highly limited by the substance of the ‘black letter’ jurisprudence and the nonsubjective reason behind it. Inside these restrictive parametric quantities, the justice has to make up ones mind the instance on the footing of the ‘best consequence.’ The effects of a opinion can be conveying about disciplinary justness ( redresss ) , accomplishing the purposes of community moral criterions and accomplishing the objectively recognized regulations of public policy. It is merely at this point that subjective moral criterions weirdo in to judicial logical thinking. Harris, depicting MacCormick says, ‘There comes a point at which effects may be agreed and yet honorable work forces still differ as to the opinions which are justified. At this phase the pick is irreducibly subjective.’ [ 7 ] That is to state, in some fortunes, the inquiry of what effects it is desirable to convey about by a opinion is down to the moral and political picks of single Judgess, so long as the determination is compatible with, formal justness, consistence and coherency and so long as the determination is permitted by bing legal principal or is correspondent to one. MacCormick, does nevertheless, permeate his theory of judicial concluding with a normative facet. His theory is non simply a description of what Judgess really do ; he besides intends that it is what they should make [ 8 ] . This implies a moral facet, as a justice who did non ground along his lines would be ‘wrong’ . In fact, the statement could be extended farther, a justice concluding independently of MacCormick’s theoretical account could be concluding amorally because he has thrown aside his responsibility to make ‘justice harmonizing to law.’ As a strictly descriptive theory, nevertheless, MacCormick goes a long manner to dividing legal logical thinking from morality. Judges’ subjective moral sentiments and political doctrines merely come into drama in really restricted fortunes, i.e. measuring which effect is the best result of a regulation. In contrast, from the American position of the critical legal surveies motion, legal logical thinking can be characterised as pure political relations. Formalism, is a myth. Borrowing from the legal realists, the critical legal surveies motion adopted a doubting attitude to judicial legal logical thinking. This attitude has been characterised as ‘rule scepticism’ and ‘fact scepticism’ . [ 9 ] Hugh Collins [ 10 ] has written that regulation agnosticism is the averment that the chief map of regulations prevarications, ‘In retrospective justification or legitimation, that is to show the judicial determination as lawfully right and inevitable.’ Aboard this, fact agnosticism states that Judgess pick and choose the facts of a instance to suit their ain political relations. As Collins argues, ‘According to the realists, the facts are non ‘out there’ , but are selected and described with a position to both a rhetorical justification of the judge’s determination, and to a building of events so that a relevant legal regulation or rule seemingly determines the result.’ [ 11 ] Indeed a contrast of the House of Lords and the Court of Appeal word picture of the facts inRuxley Electronics and Construction Ltd V Forsyth[ 12 ] neatly demonstrate this averment, ‘The Court of Appeal painted a image of a enduring Mr Forsyth covering with an unqualified builder, whereas the House of Lords, told the narrative of a patient, flexible and generous contractor covering with a bloody-minded, timeserving and unreasonable client.’ [ 13 ] Not surprisingly, the different tribunals came to different decisions. This attack contrasts aggressively with MacCormick s formalized theory of judicial ground. Judges, harmonizing to ‘sceptical’ theory, do non fastidiously construe the jurisprudence either by subtracting from major and minor premises, or by paying close attentiveness to rules and analogy. Rather, they come to a decision and so utilize the regulations as, ‘pretty drama things.’ [ 14 ] The Critical Legal Studies motion believed it had formalists over a barrel. If nonsubjective rules, as espoused by MacCormick exist, why is the jurisprudence so incoherent? Surely settled rules iron out all struggle in the jurisprudence? The reply is that jurisprudence is a forum for political battle, its concluding reflects the political struggles outside the tribunal room. This shows that the jurisprudence is merchandise of political relations and non nonsubjective theory. Collins illustrates the point through an illustration from contract jurisprudence [ 15 ] . An nonsubjective rule is said to be that a binding contract must be supported by good consideration (Currie v. Misa[ 16 ]1875) . A regulation sceptic attack would propose that the construct of consideration is ductile and the tribunals are prepared to contrive good consideration by writhing the philosophy to the facts of the instance. A Critical Legal Studies author would farther propose that the construct of just estoppel (Maclaine V, Gatty 1921[ 17 ] ) , which is sometimes applied in consideration instances, is from an wholly different mold than the original rule, so it is politically contradictory to it. ‘Consideration embodies a position of the duties owed between citizens that stresses how they should merely originate through the chase of opportunism, whereas, estoppel embodies a principle that citizens owe in add-on duties to those who reasonably rely on them.’ [ 18 ] The major job with this line of idea is that it is clear that the jurisprudence is, to an extent, predictable. If nonsubjective rules do non be at all in the jurisprudence and Judgess merely use their ain political relations at caprice, there would be no legal certainty at all. In The Politicss of the Judicary [ 19 ] , Griffith suggests that the judiciary semen from a similar mold. They are middle-of-the-road conservativists, with similar prepossessions, connected to the fact that they are from similar backgrounds. It can be argued that this is why the jurisprudence is predictable ; when it comes to legal logical thinking, Judgess ground in a similar manner. An alternate position is that espoused by Llewellyn, that different tribunals have different ‘folkways’ and a legal professional, soaked in the ambiance of any peculiar tribunal, could foretell the right reply, ‘eight out of 10 times.’ [ 20 ] While the Critical Legal Studies motion sees a nexus between legal logical thinking and political relations, it does non concentrate on moral logical thinking as holding any built-in connexion with the judicial procedure. Harris suggests that the ground the motion has non focussed on any nexus between moral and legal logical thinking is because it is portion of the wider motion of 20th century postmodernism. Harmonizing to this position, ‘There are no such things as ‘sound theory’ and no such entity as ‘the human subject.’ Once we appreciate that, we will be liberated to believe about concrete relationships and to trade with one and another any figure of buildings, or Reconstructions of them.’ [ 21 ] Without sound theory or the human topic, positions as to the ‘morally correct’ are non sustainable. Rather, the focal point displacements to the political. So far, the formalized attack to judicial logical thinking has been considered, which states that there is no connexion between judicial logical thinking and moral logical thinking, because nonsubjective rule exists in a moral vacuity and the critical surveies motion, who focus on the connexion between legal logical thinking and political relations shuning a connexion between legal logical thinking and morality as a effect of their station modernism. Dworkin rejects both these positions. For him legal logical thinking is connected to moral logical thinking in the closest possible manner. A justice must ground morally before he decides a instance. InLaw’s Empire[ 22 ] , Dworkin theorised that jurisprudence could be conceived in the same manner as literary reading, Harris defines this attack, ‘We take the informations – the obvious cases of the pattern, an artistic work or a literary text – and we advance a construct of it which makes in the best example of the genre to which it belongs. The same is true with law.’ [ 23 ] In seting frontward the best reading of jurisprudence possible, we necessarily convey our moral values into drama. The best theory of jurisprudence is one thatbothtantrums with the substantial information and has moral value. Dworkin applies the theory to the inquiry, ‘how is province coercion to be justified? ’ Dworkin first applies his interpretive theory to ‘conventionalism’ , the nonsubjective rule-based statements espoused by MacCormick. He concludes that the thought that nonsubjective regulations systematically deliver replies does non hold ‘fit’ with the facts on the land. He besides concludes that the theory is morally unwanted, frequently nonsubjective facts do non be in ‘the jurisprudence books’ to specify the jurisprudence and, hence, when Judgess deprive people of belongings or autonomy, they are moving without proper justification. Next he applies his theory to ‘pragmatism’ , as embodied by the legal realist and critical legal surveies motions. Dworkin claims that jurisprudence means justified coercion, hence, as the pragmatists merely have political relations, non legal justification, i.e. there is no jurisprudence. This is non a moral job so long as your statements are politically sound, but the theory merely does non suit with the informations on the land. It is clear that Judgess are non ‘just pretending.’ [ 24 ] Law as unity, is Dworkin’s preferable theoretical account. He draws a analogue with an person that an ‘interpretative community’ would see as holding the values of unity, i.e. a good thought-out system of coherent values and jurisprudence. If jurisprudence was to hold those values, the reply to the inquiry, ‘when is coercion justifiable? ’ can be answered, as Harris paraphrases as when, ‘Community establishments are seeking to widen concern and regard to all on a footing of equality.’ [ 25 ] A justice, hence, in his legal logical thinkings, must take this moral end into history. In what Penner calls, ‘the most startling characteristic, ’ [ 26 ] of Dworkin’s theory, ‘law as integrity’ is non intended to be an abstract description, instead, it is a theory that Dworkin considers is really put into pattern by Judgess. Penner claims that Dworking makes Judgess into moral philosophers. When make up ones minding instance, a justice goes through the procedure of concluding that has merely been described and comes to the decision of ‘law as integrity.’ The justice has, hence, concluded that the jurisprudence espouses the value that the community through its coercive passages, ‘respects the cardinal right of all citizens to equal concern and respect.’ [ 27 ] Dworkin creates a justice named Hercules with superhuman concluding ability to exemplify his point. Hercules compares moral considerations with ‘fit’ , i.e. the bing legislative acts and instance jurisprudence. Heracless may experience that the bing statues and instance jurisprudence reflect an imperfect system of rights, but every bit long as those imperfect rights are distributed every bit, he has found the jurisprudence because it has ‘integrity’ . This is an ‘easy’ instance. In a ‘hard case’ the bing legislative acts and instance jurisprudence and the necessity the moral considerations may indicate to different decisions. Harris neatly paraphrases the consequence of this state of affairs, ‘Perhaps, of three positions about a peculiar legal inquiry, X is superior to Y, and Y to Z, in footings of political morality. However, whereas X will non suit the legal stuffs, both Y and Z do fit. Then the jurisprudence is Y.’ [ 28 ] This shows that Hercules has to strike a balance between ‘fit’ and morality. What so constitutes morality in this procedure of judicial logical thinking? First, the construct of justness, which for Dworkin are those values that the ideal legislator would put down, 2nd, procedural due procedure, the thought that one time a regulation has been developed that people have relied upon it should non be changed and equity, something that is supported by bulk sentiment. ‘Fit’ besides has a farther dimension, with some legal stuffs, Hercules is bound by fit even if he thinks the legal stuffs are incorrect. He is, nevertheless, entitled to give them their narrowest possible reading. Hercules takes a holistic attack to the jurisprudence. Dworkin famously said, ‘The jurisprudence may non be a seamless web ; but the complainant is entitled to inquire Hercules to handle it as if it were.’ [ 29 ] Heracless, hence, takes all extant legal stuffs and constructs a strategy of rules, doing the jurisprudence coherent. Dworkin’s theory does non merely differ from MacCormick’s by including identifiable moral values in judicial logical thinking, they besides differ on the nature of rule. For MacCormick, rules are an nonsubjective fact, but for Dworkin, they have a moral dimension. ‘Arguments of rule warrant a political determination by demoing that the determination respects or secures some group right.’ [ 30 ] This is of import, because it shows that rule, in a moral sense of ‘rights’ pervades judicial logical thinking, something which MacCormick would deny. Dworkin besides asserts that Judgess do non pass, even if it appears that they do. This is because there is ever a morally ‘right’ reply. Harris suggests that this is in two senses, foremost, that a justice must ever come toanreply because that is his occupation, a justice ever chooses a ‘right’ reply because that is what is expected of him. [ 31 ] Second, nevertheless, and more interestingly, the right reply thesis means that the sum of information that a justice can pull upon is so wide ( bearing in head it takes in moral statements every bit good as the bing legal stuffs ) , that a right reply is ever possible. This is besides in blunt contrast to MacCormick’s consequentialist concluding – that a justice legislates when the formal regulations have run out in line with what he thinks are the ‘subjectively best consequences.’ Dworkin has clearly put together an elaborate and persuasive theory linking moral and legal logical thinking. It has non, nevertheless, been without its disparagers. Simmonds 1987 [ 32 ] and Marmor 1992 [ 33 ] attack the thought of comparing ‘fit’ and moral/political value in order to come to a decision. This is because ‘fit’ by its nature is an reading and a ‘question of political theory’ , after set uping this the thought of comparing ‘fit’ and moral/political value seems non be a comparing at all, or instead it is comparing like with similar. [ 34 ] Alternatively, Finnis ( 1987 ) [ 35 ] claims that ‘fit’ and moral/political value are non ‘commensurate’ , he accepts that they are different values, but does non accept that it is possible to compare them. A concretised version of this statement can be found in the averment that you can’t compare love and money. Fish ( 1982 ) has contended that the reading of the legal stuffs is non a affair of fact, instead there are tonss of different readings of text depending on which interpretive community you come from, ‘One doesn’t merely happen a history ; instead one views a organic structure of stuffs with the premise that it is organized by judicial concerns. It is that premise that gives form to the stuffs, a form that can so be described as holding been found. Furthermore, non everyone will happen the same form because non everyone will be continuing with the same impression of what constitutes a judicial concern.’ [ 36 ] It is Simmonds’s unfavorable judgment that seems the most hard to rebut. Dworkin has accepted Fish’s ‘interpretation is societal construction’ statement as complementary to his theory and go forthing it in tact. Finnis’s commensurability statement he refutes by ‘shifting the load of proof’ , inquiring how can Finnis turn out they are non commensurate? [ 37 ] In order to rebut Simmonds, nevertheless, it is necessary to keep that ‘fit’ and moral/political values have a substantial difference. Outside the inquiry of tantrum and reading, Penner considers the averment that jurisprudence is about justified province coercion to be tremendously controversial. [ 38 ] A celebrated illustration of a non coercive jurisprudence, is the right to self defense mechanism. Dworkin in Law’s Empire asserted that, ‘In the terminal all my statements are hostage to each reader’s sense of what really does and can go on in the tribunal room.’ [ 39 ] It is, hence, submitted that Dworkin can be attacked with his ain interpretive construct of tantrum, that is to state that an statement must non belie the available informations. It is surely non instantly obvious that Judgess take after Heracless in their judicial logical thinking. Harris does, nevertheless draw attending to the opinion of Lord Scarman inMcloughlin V O’Brian ( 1983 )[ 40 ],where he held that Judgess deal in rule and non policy, ‘The separating characteristic of the common jurisprudence is this judicial development and formation of principle†¦..if rule inexorably requires a grade of policy hazard, the court’s map is to judge harmonizing to principle.’ Harris, besides points out, nevertheless, that in the same instance Lord Edmund Davies said, ‘In my opinion, the proposition that ‘’the policy issue is non justiciable is startling†¦Ã¢â‚¬ ¦ . In my respectful opinion it runs counter to well-established and entirely acceptable jurisprudence. [ 41 ] It seems clear that Judgess by and large don’t put themselves in the place of Hercules, so, it is possible for the bench to be politicised. The legal realist Judge Jerome Frank has stated, ‘For any peculiar ballad individual, the jurisprudence, with regard to any peculiar set of facts, is a determination of a tribunal with regard to those facts so far as that determination affects that peculiar individual. Until a tribunal has passed on those facts, no jurisprudence on that topic is yet in existence.’ [ 42 ] Such a statement is a long manner off from Dworkin’s thought that the jurisprudence is a consistent whole. Penner points out that the legal stuffs available to Hercules may be systematically morally fishy [ 43 ] . He asks how Hercules would hold coped with the legal stuffs in apartheid South Africa, could such stuffs truly be compared with, justness, procedural due procedure and equity in any meaningful manner? Harris suggests that possibly merely as Hart’s theory requires a ‘minimum content of natural law’ to work, Dworkin’s needs a minimal content of justness in the bing legal stuffs. [ 44 ] Legal philosophers have non merely applied themselves to the nexus between judicial logical thinking and morality. Natural attorneies consider that it is through moral logical thinking that legal logical thinking becomes possible. Richard Nobles and David Schiff assert that Aristotle believed, ‘The beginning of values prevarications in nature, in peculiar, human nature.’ [ 45 ] Man, he reasoned, is a societal animate being, destined by nature to populate in groups, both the household and political grouping. Law, hence, should promote the common good in a political metropolis province, every bit good as advancing the instruction and raising of immature in a household. For the classical natural attorneies there was a nexus between concluding and natural morality, because it was through logical thinking that the morally right could be discerned. Cicero writes, ‘Law is the highest ground, rooted in nature, which commands things that must be done and prohibits the opposite.’ [ 46 ] Aquinas drew upon this line of logical thinking, but for him there was another degree of moral certainty ; Christian disclosure. Aquinas describes four types of jurisprudence. Ageless jurisprudence is God-given jurisprudence regulating all creative activity. Natural jurisprudence is tax write-offs from nature as described by Aristotle. Divine jurisprudence is jurisprudence revealed through Holy Scripture. Human Torahs, are regulations, supported by ground for the common good. [ 47 ] Human Torahs merely have legal quality when they ‘bind in conscience’ as a consequence of being derived from natural jurisprudence. Aquinas, nevertheless, had a different construct of the common good from Aristotle, ‘The purpose of the good life on this Earth is blessedness in Eden ; it is the king’s responsibility to advance the public assistance of the community in such as manner that it leads to the felicity of heaven.’ [ 48 ] In spoting moral jurisprudence that bind in scruples, Aquinas believed that some legal/moral truths were wholly self evident to everybody such as, ‘Every whole is greater than one of its parts.’ [ 49 ] On the other manus, some legal/moral truths are merely available to the educated, for illustration, ‘As to one who knows that an angel is non a organic structure, it is axiomatic that an angel is non circumscriptively in a topographic point, but that is non manifest to the unlearned who can non hold on it.’ [ 50 ] If jurisprudence can non stand up to this procedure of ground, it is non accordance with adult males societal terminals and is natural disposition to cognize the truth about God, it is oppressive. ‘Tyrannical jurisprudence, non being harmonizing to ground, is non at all in the true and rigorous sense, but is instead a perversion of law.’ [ 51 ] For Aquinas, hence, moral logical thinking and legal logical thinking are really near to indistinguishable. Law that has non been morally reasoned from nature is a perversion of the jurisprudence. Subsequently bookmans have contended that he was incorrect, nevertheless, in concluding jurisprudence from nature. The noncognitivist, David Hume argued that there is no rational procedure by which we can cognize what is morally right and incorrect. ‘In every system of morality, which I have hitherto met with. I have ever remark’d, that the writer returns for some clip in the ordinary ways of logical thinking, and establishes the being of a God, or makes observations refering human personal businesss ; when of a sudden I am surpriz’d to happen, that alternatively of the usual sexual intercourses of propositions,isandis non, I meet with no proposition that is non connected with anoughtor anought non. [ 52 ] Hume’s celebrated is/ought cleavage, asserts that jurisprudence which has normative value, ‘ought’ , can non be deduced for a fact of nature, ‘is.’ This caused a seismal displacement in the manner bookmans connected moral and legal logical thinking. Harris points out that Aquinas is non, needfully, ‘scuppered in port.’ [ 53 ] Possibly, he argues, there are premises about which perfectly everyone can hold, for illustration that the self-respect of adult male requires everyone to hold a lower limit of nutrient and security. If that was the instance the jurisprudence should reflect those basic propositions. This is similar to Hart’s ‘minimum content of natural law’ in his otherwise positive theory. Finnis, in response to positivism, argues that we are non covering with logical necessities. He draws upon the construct of ‘self apparent knowledge’ . [ 54 ] He claims that worlds are endowed with a capacity for moral ground, ‘practical reason’ . We can divine moral truths through a brooding procedure. Once this is done, we have moral ‘facts’ . That is to state that the procedure of practical ground nowadayss us with an automatic ‘ought’ , it presents us with aim, incontestable, moral absolutes. In this manner, the is/ought cleavage is circumnavigated. In position of Finnis’s theory, is it so impossible to ground about jurisprudence without moral speculation? Austin’s positive theory that jurisprudence is a bid of the crowned head backed by force has been widely criticised for go forthing excessively many inquiries unreciprocated. [ 55 ] Hart, nevertheless, believes he has a manner of concluding which is wholly disconnected from moral contemplation but that will still bring forth a coherent and recognizable theory of jurisprudence. He criticises Austin for following the standard definitional theoretical account per genus et differentiam, i.e. ‘an elephant is a four-footed distinguished from other such animals by the ownership of a bole, because that method of definition focal points on the fringy ( being quadruped and holding a bole ) instead than on the of import factors, i.e. the ‘central case.’ Nicola Lacey describes Harts attack to lingual doctrine, ‘The hint to understanding jurisprudence is, foremost, to see that legal constructs have to be understood in the context of the sentences and legal philosophies in which they arise†¦ . And 2nd, that it is impossible to specify jurisprudence in footings of a finite figure of characteristics of which, if any is losing, the phenomenon fails to qualify.’ [ 56 ] In Hart’s ain words, ‘If we put aside the inquiry ‘what is a corporation? ’ , and inquire alternatively, ‘Under what types of conditions does the jurisprudence ascribe liabilities to corporations? ’ , this is likely to clear up the existent working of the legal system and convey out the precise issues at stake.’ [ 57 ] Hart’s procedure of legal logical thinking was, hence, wholly value free. Rather, it is rooted in the significances of words. In order to claim that Hart has non reasoned lawfully because he has non reasoned morally, you would hold to claim that Hart’s theory is non legal logical thinking at all. Hart’s lingual doctrine has showed us, that it is possible to lawfully ground without trusting on moral ‘practical reason’ , in that limited sense, legal logical thinking and moral logical thinking are divorced from each other. In the context of judicial logical thinking, nevertheless, no theory regulations out the judicial application of moral criterions. MacCormick suggests they apply their ain subjective morality in fortunes limited by the formal jurisprudence and Dworkin suggests that the jurisprudence embodies a morality of equal distribution of rights and, hence, Judgess can non but ground morally. It is the Critical Legal Studies Movement that goes farthest in dividing judicial logical thinking from morality. For them, it is non morality, but political relations that fuels judicial logical thinking. There is, nevertheless, the closest of links between political relations and morality. Granted that, if you were an utmost relativist, you would see the politic al relations behind the jurisprudence did non affair, be it Maoism, societal democracy or Fascism. For the Critical Legal Studies Movement, nevertheless, this is non the instance. They clearly find something morally abhorrent about the conservative political relations of judicial concluding – and, hence, moral opinions creep in through the back door. There is a difference between moral and legal logical thinking, Dworkin’s positions, whilst extremely persuasive, do non ‘fit’ with the informations on the land. There is no grounds to propose that Judgess do draw a bead on to be like Hercules, instead, it is submitted they approach their occupations from a assortment of different cultural, political and philosophical positions. Whilst MacCormick’s theory does non supply us with the moral legal protection that we intuitively crave, it is, at least, closest to being descriptively accurate. This point alongside the Hart’s cogent evidence that it is possible to ground legal theory without mention to morality, leads the writer to the decision that while there is really frequentlya nexusbetween legal logical thinking and morality it is traveling excessively far to state that they are indistinguishably the same thing. Bibliography Jurisprudence and Legal Theory, Commentary and Materials, Butterworths, First Edition J.W. Harris, Legal Philosophies, Butterworths, Second Edition David Hume ( 1888 ) , A Treatise of Human Nature, Selby Bigge Edition, Oxford, Clarendon Press. Cicero ( 1990 edition ) On the Commonwealth and On the Laws, JE G Zetzel ( erectile dysfunction ) Cambridge, Cambridge University Press. Mcloughlin V O’Brian (1983 ) 1 AC 410 at 430-31 Simmonds, NE ( 1987 ) ‘Imperial Visions and Mundane Practices’ 46 Cambridge Law Journal 465 488 Marmor, Interpretation and Legal Theory, Oxford, Oxford University Press. Penner, Jurisprudence and Legal Theory, Commentary and Materials, First Edition p 403 Finnis, ‘On Reason and Authority in Law’s Empire’ , Law and Philosophy 357 380 Fish, Working on the Chain Gang: Interpretation in Law and Literature, Texas Law Review 551 567 Dworkin, ( 1977 ) Taking Rights Seriously, London, Duckworth Dworkin, ( 1986 ) Law’s Empire, London, Fontana MacLennan V Maclennan1958 SC 105 Donoghue V Stevenson( 1932 ) AC 562 Daniels and Daniels v R. White and Sons and Tabard1938 4 All ER 258 Ealing V Race Relations Board1972 AC 342 1

Assessment Two_Proposed Structure Essays - Articles, Free Essays

Assessment Two_Proposed Structure Essays - Articles, Free Essays Assessment Two - Structure and further Support Below is the proposed structure for the report. You may include additional sections and/or sub-sections if relevant Introduction (Break down the assessment task and give us an understanding that you understand what you are expected to address in this assessment. DO NOT start with definitions . You can probably start with something like "The purpose of this assessment task is to .(read your assessment brief and take help to write the initial few lines and then give us an idea about your main argument that you plan to develop and how you have structured your discussion - give idea of the main sections that will follow the introduction ) Leadership and Management (or work groups and teams ) Power and Politics (or conflict and negotiation ) Organizational Culture (also give an idea about what theory /theories would best explain or support the cultural context of the organization that you have chosen and best fits your main argument and why - DO NOT describe all organizational culture theories one after another) Brief overview of your chosen organization (this section may also fit just after your introduction) How leadership and management (or work groups and teams ) and power and politics (or conflict and negotiation) impact on organizational culture of the chosen organization - make application of theories ( you have had prior discussion of the theories in section 2, 3 and 4 ) in this section to make the link between your chosen paired topic and organizational culture. Remember, i n this section your aim will be to synthesize information from section 2, 3 and 4 to develop arguments and logical conclusions that help establish the links clearly among the chosen topics and the chosen organization culture. You should bring in examples f rom your chosen organization as evidence to support your arguments . Conclusion ( s tep back and think through what comes out of the overall discussion? What are the key points emerge ? W hat would you want the reader to remember ? ) Reference s (Harvard Referencing Format in alphabetical order) Please also note the following : Please take the given feedback for assessment one into consideration Follow Harvard Referencing throughout your work (in your in-text citations and your reference list) T he work should be critical and analytical. This is a level 7 qualification . It is not too late to make aware of yourself about the level seven expectations. Wider research and reading is mandatory Use only academic, professional sources which are RELIABLE and RELEVANT - journal articles, books, information from Government websites ( REFRAIN from using information from Blogs, commercial websites such as tutor2.com, UK Essays, businessballs.com etc ..) Get someone to proof read or peer mark your work Be aware of issues related to plagiarism and academic misconduct. You can upload your work to NILE site prior to the deadline and view your similarity report. The focus of assessment two is to discuss how the chosen topics impact on organizational culture of the case study organization . This must be kept in mind when writing up your report. Focus on your academic writing and also ask yourself Does the introduction say what I am planning to do in my assignment? Does my work reflect critical and analytical thinking in relation to linking the chosen topic with organizational culture ? Have I addressed the assessment task? Any deviations? Does the conclusion link to my discussion and introduction? Please refer to learning and development and library support web pages for further support and guidance.

Assignment 3 Essay Example | Topics and Well Written Essays - 1000 words - 7

Assignment 3 - Essay Example so one of the poorest states because almost 70% of its residents live on less than $2 per day (Lee 2).The Indian patent law draft, implemented in 2005 fully complies with standards of organizations such as TRIPS and WTO (Lee 2). The essay will shed more light on the Novartis AG’s patent issue with the Indian regime, whether drug companies should have multiple patents and if the court’s ruling was called for. In 2006, cancer patients, lawyers and non-governmental organizations convened at the Novartis offices in India, hailing the court’s move of rejecting Novartis’ case where the company had sued Indian patent offices for declining its application to manufacture Glivec drugs (Lee 6). This is because according to health official, by granting Novartis a patent, the drug would become expensive for many people not only in India but also in the entire world. Novartis’ move was not only an appeal against Indian patent offices but also aimed at TRIPS who according to Novartis have an incompatible and unconstitutional section 3(d), a statement that the high court refuted vehemently (Basheer & Reddy 5). Section 3(d), which according to the patents Act states that new substances ought to show greater efficacy to be patentable (Basheer & Reddy 5). Novartis on its part argues that the section be redrafted because some words such as â€Å"efficacy† are too general and ent ail clear definition for better understanding (Basheer & Reddy 5). According to researches so far conducted, Glivec is one of the best drugs ever manufactured by Novartis. Its main role is to treat Chronic Myeloid Leukemia (CML), a disease known to affect approximately 5,000 people in the United States annually (Lee 18). The drug works much better compared to others because it not only dissolves faster but also targets cancer proteins besides being ten times faster and effective (Lee 18). In 1993, Novartis applied for patents in many states globally but not in India because the nation’s 1970 Act

Managemnt strategy Essay Example | Topics and Well Written Essays - 3250 words

Managemnt strategy - Essay Example It will begin by examining the core objectives and plans of both companies. The paper will then examine the leadership structure as well as the products, industrial matters and core competitive strengths of both companies. Vision & Mission The mission statement of a company defines the main reason behind the formation and maintenance of a business (Johnson et al 42). It justifies the reason why the firm exists and describes what it was set up to achieve. On the other hand, the vision of a company involves an outline of the things that a firm seeks to achieve in the foreseeable future (Johnson et al 42). In the case of KFC, the mission statement identifies that it was set up to provide the best chicken meals to customers. The mission is to provide different chicken dishes to customers and improve their core competency in doing this (KFC Website para 2). MacDonalds' mission is to become the customer's favorite place to eat and provide an experience that is unrivaled to the customers (M acDonalds Website para 1). In doing this, the spell out their vision which interlocks with the mission. MacDonalds identifies that their vision is to provide the best services to customers, employees, suppliers, investors and the community at large (MacDonalds Website para 4). ... In comparison, KFC is specialized and focused on chicken and related brands. MacDonalds seeks to provide a good eating experience in a general atmosphere. They both seek to promote their activities through enhancing customer experience and satisfaction. Internationalization and globalization are at the heart of their visions. Additionally, they hope to seek continuous improvement and development of their systems and structures. SWOT Analysis SWOT Analysis involves an examination of the strengths, weaknesses, opportunities and threats of a company. This provides a view of how they are faring and provides an overview of how they can reshape things to meet the competition that will come up in the future. SWOT Analysis of KFC Strengths Brand Equity: Everyone knows about KFC Large international presence Strong cashflow position, only second to MacDonalds in revenue. Variety Specialized and focused Weaknesses Legal issues with International Expansion Lack of focus on Research & Development Weak marketing systems Poor customer relations Opportunities Attach and improve delivery service. Potential to expand further internationally to developing countries. Meet demand for quick meals Diversify into providing healthy foods Threats The promotion of healthy eating which emphasizes that KFC is not so healthy The presence of many competitors. The growth of supermarket food joints. Source: Nick's Business Blog SWOT Analysis of MacDonalds Strengths Strong brand name Large partnership with suppliers Socially responsible Provides health facts Loyal employees and management Culturally sensitive Focused on children Weaknesses High employee turnover Too focused on children to the neglect of other sections of the population. Although they provide

Online Shopping Buyer Behaviour in Fashion industry Dissertation

Online Shopping Buyer Behaviour in Fashion industry - Dissertation Example The paper "Online Shopping Buyer Behaviour in Fashion industry" will look into the differences between the traditional retail marketing and online shopping in the fashion industry. The main differences between the traditional and online shopping preferences for fashion products include display, expense, location, communication and technology. As far as display is concerned, the traditional fashion shopping offered the buyers an opportunity to touch and handle fashion products physically when they are interested in something. This had the benefit of the buyer ensuring that the product is of high quality and that it is durable. This was very beneficial to the fashion product buyers. On the other hand, online shopping for fashion products does not offer the purchaser a chance of getting into physical contact with the products. Instead, the buyer will have to be contented with the graphical displays, pictures and the text descriptions for the products. This has the effect of ensuring tha t prospective customers would rather buy from the traditional fashion retailers rather than the modern online fashion retailer. Expenses are also major determinants and number of factors exist that fashion product retailers need to put into mind. One of the factors is that while the traditional retailers must look for viable premises that will attract customers, the online retailers do not have to look for premises. Hence, the traditional retailers will have to incur many expenses for setting up the businesses.

Motivation In The Case Of Technocraft Commerce Essay

Motivation In The Case Of Technocraft Commerce Essay Motivation is a reflection of the reasons why people do things. All behavior has a specific purpose (often several). Motivation can be considered to compromise an individuals effort, persistence and the direction of that effort. It is the degree to which an individual wants and chooses to engage in certain specified behavior. Notably in case study, Technocraft , there was an intrinsic motivation, employees were just motivated by salary, promotion, condition of work etc. It focuses primarily on motivation of the individual in the workplace. It explores the influence of organizational change, communication and conflict on personal motivation. Additionally, concepts such as intrinsic, extrinsic, rewards, personal needs and environmental stimulation are discussed.Thus, motivation had some affect in employees but they are negatively influenced in terms of different factors of an organization. Determination: Construction and culture of the formal organization: The construction or the structure of Technocraft contemplates management model with its functional relationships. The workers in this organization were closely prescribed or were in possession, or we can rather say negative command. This is a mechanistic organization and recurring in nature. According to Drennan 1992-93 culture is how things are done around here. It is what typical of the organization, the habits prevailing attitudes, the grown up pattern of accepted and expected behavior. Like wise, in Technocraft, it matches to role culture because it has gained a combination of size, departmentalization and ordering of activities. Generally, Mr. George, the chairman of the company can be taken as an example that was harsh and gives orders. The culture of the organization needs to be given, importance as the opportunities to learn. 4.2 Management and leadership style: Management is the process of getting things done effectively and efficiently through other people so as in their company. Mr. George Newell, the company chairman managed or organized his employees in a different way. It can be matched with MCGregors theory X because most of the employees did not enjoyed working for Technocraft and just motivated by money but the workers can be categorized or stereotyped in intrinsic motivation ready for challenging job, appreciation and recognition. 4.3 characters: 4.3.1 George Newell: He is the chairman of the company. He views his workers in a negative way and he doesnt recognize his employees. He is an exploitative- autocratic ruler. It matches with contingency style of leadership style rather than trait theory because he does not possess charismatic behavior, self-confidence etc. as we can see he brought Helen, management consultant to solve the problem. Employees were discouraged by his behavior because he promised to give reward for their heroic deeds and efforts but he felt proud by distributing the t- shirts to all the employees. He did not possess a degree of power, influence, responsibility and accountability which should be used in the pursuit of effective leadership performance. One of the Georges problems in the company was high labor turnover and his opinion was that the women had prompted this. As we know, motivation influences in individuals to succeed but he judges performances on the activities of the organization. Likewise, he reprimanded the employees who were late from the lunch, he could have warned them, may be he used this coercive power and this showed the low morale, seniority and distances. He also did the job rotation because he was not satisfied by the Maggies efforts, (the wiring department supervisor). 4.3.2 Helen Mckiernan: (management consultant) She was a management consultant and a very calm nature person. She was brought by the companys chairman to provide a solution of the problem. She mainly focused on the nature of the wiring job because the recruitment procedures were unduly lax. Helen kept in mind that the reason for the job satisfaction might be through informal situations and social side of the work. She analyzed the likes and dislikes of the workers and she found that the chairman was completely wrong about the labor turnover. 4.3.3 Elena and Veronica: (wirers) Both of them were wirers in Technocraft. They had a problem due to inexperience and fear of making a mistake and the problem caused directly from their slow work rate and they need some experienced wirers to correct them. In my opinion, they are in need of on-the job training. 4.3.4 Maggie Francis: (supervisor) Maggie Francis, the wiring department supervisor, who was given responsibility for bringing two women, i.e: Elen and Veronica, up to speed within a specific time. Maggies leadership style fits or matches with her supervising role. She was more understanding in nature. As a theme throughout this book of organization behavior, by Ian Brooks, organization change is particularly worthy of consideration in any discussion of leadership and it matches with consideration category of Blake and Mounton 1964, she was defensive and she was in a job rotation by the company chairman in place of Robert because she was too soft to the employees. 4.3.5. Robert Houlden 🙠 Line Manager) On the basis of Blake and Mounton 1964, managerial grid, in this study there was a concern for production, autocratic and task oriented. He was appointed by chairman to sort out the shirkers in the hope of raising productivity in upcoming future. 4.4 Perception: George style of leadership was like autocratic towards the women. It is some what like coercive power. Although the staff possesses no confidence in their ability, they are in need of a positive motivation. New comers i.e.: Elen and Veronica were in a learning phase. There was no respect for Maggies job as well as womens in the work place. The women were reprimanded by the chairman who could be done in a polite way as well. 4.5 Motivation and shopfloor: The management of conflict in organizations affects the motivation of individuals and groups. According to Schmidt (1974), following empirical research conducted among management executions in USA, revealed both positive and negative effects of conflict. Maggies as a supervisor, the autocratic style of had adverse affect due to the sudden change in leadership.i.e.from wiring department supervisor to packing. Research indicates that conflict can stimulate creative thinking and can inspire people to confront long term problem and explore new approaches. It may also encourage reflection and help people clarify their views and heighten their interest in the task at hand and also test peoples abilities. However, negative effects of conflict can lead to dissatisfaction, demotivation and reduced performance. Schmidt (1974) found that certain people felt defeated by conflict and the consequences would be contactless and leads to suspicion. 5.0 Recommendation: What I can recommend is that the culture of the organization needs to be improved. Combining the two incident, there is a change in the level of output. The women were believed that they are matched with VH Vroom expectancy theory. In the 1st incident, there was a change in job design to fasten up the speed of the employees. He could have said in a polite way to the workers after they returned from their lunch break. This can be a good style of autocratic leader, and some how matches with McGregors X theory and coercive power as well. Finally, in my point of view, the management should be more systematic so that the workers would perform their activities more efficiently and effectively. 5.1 Reconstructing the work force: Reconstructing the shop floor is done for encouraging competition between workers. A group leader role could motivate the work force but Helen, management consultant investigated number of workers about the likes and dislikes of the company and the answers was negative management. So , the managerial practice at technocraft convinced her that the shop floor labor turnover was not only incorrect but actually a part of the problem. However, for better number of employees in the work place, the team should be encouraged and motivated. 5.2 Leadership Style: As in the technocraft everyones complain is towards management. George needs to enhance the considerations of the worker and to think of his employees. I think he lacks the ability to influence a group towards achieving certain objectives. Leadership and responsibility of mangagement should be open and consultative style. It should be implemented on the workers so that they would be motivated by the help of different programme. According to continuum tunnerbaum and Schmidt leadership style there should not tell and sells but there consults and joins in a democratic way. In the company, it matches with autocratic style which sub-ordinates could not use their respective freedom. 5.3 motivating the work force: George should bear in mind or adopt a consultative style which motivates its members, aiming the specific goals. The first two level of needs, salary and job security should be fulfilled by the management inorder to motivate the workforce. It would be the informal group which already exists. It also depends upon Georges perception for the feedback and support. In his opinion, unemployment are well below national average and many women are living with husbands who earned a decent living wage or salary. According to Maslow hierarchical needs, the lower level needs should take precedent, if they were not fulfilled. However, a link between job satisfaction and absenteeism, staff turnover, and the incidence both physical and mental health problems (Schneider, 1984). Furthermore, the model is highly ethnocentric. Finally, applying their theory to the workplace is fraught with difficulties although this theory is intended to be managerial or organizational tool. 5.4 Job Design: According to Herzberg, two factor theory, one of situation matches with the one theory among two:i.e; hygiene and motivators, which is hygiene factors. These methods should help in to participate in decision making. Herzbergs vertical theory has two sides: Dissatisfaction and 2. Extreme satisfaction with the environment, job and the work place. Like wise, the workers at Technocraft also faced the extreme dissatisfaction towards their job and relationship with supervisor was worse. Organization failed to provide adequate hygiene factors which as results, high level of conflict, absenteeism, labor turnover and low general morale was emerged. 5.5 Rewards: There is a difference in the distribution of rewards and the people differ due to the perception. The first is to discover the activities of the shopfloor staff. If there are specific objectives then Management must give response or feedback for the work done. During the productivity drive, George established a program called employee- morale boosting and the program succeeded. Thus, he promised to the employees that they would be rewarded for their efforts but the employees were distressed because there was no bonus payment except few t-shirts with the company logo. As a result, many of the employees resigned and this was the problem aroused in Technocraft which is labor turnover.it also can be compared with goal setting theory of locke. He firstly concentrated on objectives and he doesnt give the rewards. By the behavior of George what we can draw the outline is that he was in lack of morale, unsuitable in the post and the harsh leader. 6.0 Conclusion: In every change effort and programme someone loses or gains. Attention should be pursued for all gainers and losers as well. All change processes and program requires whole -hearted organization, commitment, support with adequate level of resource and time. They key issue for organization to adopt attitudes of flexibility, dynamism, responsiveness and positiveness and the drive is to maximize output and change in resource. So, I have compared this company Technocraft in many different theories. Likewise, in Technocraft, power is ultimately in the hand of single person. Chairman appreciates and consults with the problem of the company. A well planned theme that has been drawn up is loyalty and dedication by the employees and the autocracy by the top level of management. Above all, the role of managers and supervisors must change from the operation of systems and procedures to the development of expertise skills, knowledge and qualities in their people.

Employee Engagement in the Oil & Gas Sector Essay

1. Introduction According to Aon Hewitt (2012), employee engagement refers to the â€Å"state of emotional and intellectual involvement that motivates employees to do their best work through examination of employees’ level of engagement relative to the organisation’s antecedents† (p.5). Scarlett (2010) defines employee engagement as â€Å"the measurable degree of an employee’s positive or negative emotional attachment to their job, colleagues and organisation that profoundly influences their willingness to learn and perform at the workplace†. White (2011) however states that â€Å"employee engagement represents an alignment of maximum job satisfaction with maximum job contribution† (p.5). Varied statistics show that employee engagement is a pertinent aspect in enhancing an organisation’s productivity. Beddoes (2011) states that engagement levels are stabilising globally with a 58% increase in 2011 as compared to 56% in 2010, with the greatest levels experienced in Asia Pacific and Europe. After the economic crisis, engagement levels lagged but economic indicators show increasing improvement between 2009 and 2010 around the globe (Aon Hewitt, 2012). Minton (n.d.) states that four out of ten employees are not engaged translating into 58% engaged and 42% partially or totally disengaged, with motivational factors, career development opportunities, employee recognition and the organisation’s reputation playing a major contributory factor to the results. This study has developed the following objectives (1) identification of employee engagement levels/models, (2) identification of employee engagement drivers. (3) Identification of effective ways to engage employees, (4) advantages realised by having an engaged work force. 2. Engagement Model/ Levels Aon Hewitt (2012) define engagement model as â€Å"a model that determines employee engagement levels in the organisation through examining employees’ level of engagement towards the organisation in the relation to the set organisational antecedents† (p.5). This model states that engagement in one’s work or organisation is an individual choice but regularly influenced by group affiliations, developed by the employees, psychological and behavioural capacity regarding the organisation. The management particularly human resource managers should incorporate, encourage and develop the model’s components while relating with the employees. The model incorporates three main components (1) ‘Say component’ that encourages the management and employees to think and speak highly of the organisation and its activities to colleagues, potential employees and clients. (2) ‘Stay component’ that encourages the employees to continually desire to be part of the company through encouraging recognition, appraisal, teamwork and team building activities thus reducing employee turnover and encouraging potential employees and clients (Schneider, White & Paul 1998). (3) ‘Strive component’ that encourages growth of an organisational culture that encourages hard work and achievement of success, thus enhancing input of extra effort from employees which in turn enhances commitment and increased productivity. Incorporation of the above model leads to more engaged employees, which lead to increased quality delivery, client satisfaction and sales, which eventually leads to increased efficiency (Organ, Posdak off & Mackenzie 2006). 3. Engagement Drivers Sijts and Crim (2006) define engagement drivers as factors that increase employee engagement in organisation through effective management of engagement levels. These drivers identify potential improvement areas in the organisation pertaining to employee engagement. These drivers are interrelated thus work in unison. Engagement drivers therefore help management identify lacking areas that prohibit employee potential, thus enhancing focus on improvement efforts that enhance productivity through increased employee commitment (Organ, Posdakoff & MacKenzie 2006). 3.1 Quality of Work Life Quality of work life refers to creation of a work environment whereby employees’ activities are prioritised through execution of work structure activities that deem the activities less routine thus more rewarding to the employees (Sigy, Efraty, Siegel & Lee 2001). It therefore involves creation of a conducive physical environment through availing the required resources necessary for work execution such as proper safety clothing and equipment thus enhancing productivity and engagement. It also involves enhancement of a work-life balance policy, which enables employees to clearly define and separate their work and social lives thus enhancing growth of an all-rounded employee, which enhances engagement leading to increased productivity (Richard & Deci 2000). 3.2 Company Practices The organisation’s practices greatly contribute to employee engagement levels. Integration of interactive human resource policies enhances employee involvement in decision making, which in turns motivates them thus enhancing employee engagement (Aon Hewitt 2012). Introduction of effective management performance policies will enhance creation of efficient performance management and appraisal systems, which will recognise employees’ work input thus increasing their engagement leading to increased productivity (Cook, 2008). Extensive brand alignment through increased marketing and advertising will enhance engagement, as employees will view the organisation as a long-term venture as it has demonstrated continuity of operations (Payne 2012). Increasing and developed organisational reputation will enhance engagement, as employees will be more at ease to work in a reputable organisation thus demonstrating its continuity and job security. Development of a diversity culture relating to the organisation’s activities and employment of diverse individuals concerning race or gender, will enhance engagement, as it will eradicate any occurrences or fears of discrimination. According to Hynes (2012), creation of an effective communication system and structure will ensure that any important information pertaining to employees work activities or welfare are timely relayed thus enhancing growth and development of work interrelationships which enhance efficiency and effectiveness of operations. 3.3 Total Rewards Organisations should clearly outline its reward structure, as this will contribute to the engagement or disengagement of employees. Clear definition of employees’ expected pay and benefits package will enhance clear understanding about the pay package thus enhancing engagement (Harter, Schmidt & Theodore 2012). The oil and gas sector should also clearly stipulate systems used to determine recognition payments regarding bonus allocation. 3.4 Opportunities To effectively enhance employee engagement, organisations in the oil and gas sector should clearly outline career opportunities available to employees who want to further advance their careers within the organisation regarding promotions and transfers that contribute to career development. Organisations should also outline the available learning and development opportunities within the organisation (Richard & Deci 2000). Such opportunities could include sponsorships, study leave and provision of work-study allowances. 3.5 People People involved in the management, operational and end-user aspects of the organisation have a great impact on employees’ engagement. Organisations should therefore enhance creation of a proper work structure and culture that will enhance effective cooperation and communication among management, employees and customers (Aon Hewitt, 2012).This will in turn enhance development of interrelationships, leading to increased efficiency and effectiveness through increased employee engagement. 3.6 Work Activities An organisation’s work structure can contribute to either engagement or disengagement of employees within the organisation. Development of an elaborate and conclusive work structure will enhance clear development of work tasks, work processes, provision of necessary resources, hence providing the employees with a sense of accomplishment through effective and efficient execution of allocated work (Sahoo & Mishra 2012). This will therefore lead to increased employee engagement. 4. Ways to Engage Employees Employee engagement is essential to organisations in the oil and gas sector as it enhances efficiency and effectiveness through increased production. Incorporation of various aspects has been identified as potential ways to increase employee engagement. These aspects include (1) Enhancement of employee career opportunities by creating career path for employees through training them in preparation for their next career role by creation of lateral growth opportunities (Aon Hewitt, 2012). (2) Increasing employee recognition through providing them with feedback regarding their work activities and how to improve on them by providing the necessary reinforcements and also rewarding them for work well done (Cook, 2008). (3) Management should strive to engage the employees more with the organisation through its vision, mission and objectives by explaining to them why the employer is the most desirable by offering a compelling proposition, reward and work experience structure thus enhancing the organisation’s reputation as the most preferred employer (Payne, 2012). (4) Creation of an engaging communication structure through enhancement of corporate communication which will appeal to employees emotional, behavioural, psychological and social aspects thus enhancing commitment to the organisation (Hynes, 2012). (5) Increased management of employee performance as employees will be effectively rewarded for their efforts thus enhancing employee engagement. (6) Provision of favourable pay as it will enhance employee engagement through provision of a pay and benefits package that is relative to their work performance (Zablah et al. 2012). 5. Advantages of having Engaged Employees Employee engagement directly relates and affects employee efficiency and effectiveness in relation to performance. Several advantages are extended to organisations in the oil and gas sector, which have employees who are actively engaged in the organisation and its production activities: * Employees exhibit high levels of performance as they are highly motivated leading to increased production that enhances efficiency and effectiveness. * Development of an interrelating link between employee engagement and profits realised thus leading to increased revenues that enhance organisational growth. * Leads to increased employee retention and loyalty, which enhances business success through efficient and effective production. * Enhances creation of a competitive environment which increases production thus enhancing effectiveness and increased profits. * Enhances team-work that provides new ideas that enhance innovation and creativity thus enhancing creation of new and effective products. * Development of brand ambassadors through employees for the organisations products thus enhancing marketing and advertising activities which enhance profit realisation. 6. Recommendations i. Oil and gas companies should encourage employee engagement through creation of an organisational culture that develops engagement, through increased employers, leaders and stakeholders involvement in the process by enhancing team work and being a part of the process. ii. Increasing focus on drivers that provide the greatest impact in organisational improvement such as increasing opportunities for improvement which leads to increased rate of return due to increased profits. iii. Increased recognition of employee efforts through provision of feedback which in turn motivates them thus increasing productivity. iv. Organisations should continually connect with employees through regular communication of organisation’s strategy, which keeps them focussed on achievement of set organisational objectives. v. Creative creation of employee career growth opportunities by re-navigating employees’ expectations towards growth in areas that will satisfy growing business needs such as lateral movements. vi. Selecting employees during recruitment who show aspects that encourage engagement such as loyalty, diversity and work aggressiveness. 7. Conclusion Employee engagement is a pertinent aspect in management of employees in the oil and gas industry. Clear understanding of the aspect regarding its impact on the organisation and application of the findings can lead to increased employee engagement through increased productivity, which increases the overall profits realised thus enhancing the sector’s growth. This has led to the identification and incorporation of various engagement models/ levels by organisations and they include stay and strive components. It has led to the identification of engagement drivers which enhance understanding of the drivers that contribute to increased employee engagement and how they can be incorporated. Engagement drivers include (1) Quality of work life which incorporates physical work environment and work-life balance. (2) Company practices which incorporate human resource policies, performance management, brand alignment, organisational representatives, diversity and communication. (3) Total rewards which incorporate pay, benefits and recognition. (4) Opportunities drive, which incorporates career opportunities, learning and development. (5) People drive, which incorporates management, employees, colleagues, people-focus and clients. (6) Work activities, which incorporate work tasks, work processes, resources and a sense of accomplishment. The study has also identified ways of enhancing employee engagement which include increasing career opportunities, increased recognition, enhancing organisational reputation, enhancing communication, enhancing performance management, and provision of fair remuneration in relation to one’s contribution. Employee engagement extends various advantages to the organisations, which include increased revenues, increased productivity, quality delivery, decreased turnover, increased employee loyalty and enhanced organisational reputation. Employee engagement is therefore a pertinent aspect in the oil and gas industry and should be considered to ensure that the organisations have increased quality delivery, productivity and revenue generation.

The Twilight Saga 4: Breaking Dawn 30. Irresistible

There was so much to think about. How was I going to find time alone to hunt down J. Jenks, and why did Alice want me to know about him? If Alice's clue had nothing to do with Renesmee, what could I do to save my daughter? How were Edward and I going to explain things to Tanya's family in the morning? What if they reacted like Irina? What if it turned into a fight? I didn't know how to fight. How was I going to learn in just a month? Was there any chance at all that I could be taught fast enough that I might be a danger to any one member of the Volturi? Or was I doomed to be totally useless? Just another easily dispatched newborn? So many answers I needed, but I did not get the chance to ask my questions. Wanting some normality for Renesmee, I'd insisted on taking her home to our cottage at bedtime. Jacob was more comfortable in his wolf form at the moment; the stress was easier dealt with when he felt ready for a fight. I wished that I could feel the same, could feel ready. He ran in the woods, on guard again. After she was deeply under, I put Renesmee in her bed and then went to the front room to ask my questions of Edward. The ones I was able to ask, at any rate; one of the most difficult of problems was the idea of trying to hide anything from him, even with the advantage of my silent thoughts. He stood with his back to me, staring into the fire. â€Å"Edward, I – â€Å" He spun and was across the room in what seemed like no time at all, not even the smallest part of a second. I only had time to register the ferocious expression on his face before his lips were crushing against mine and his arms were locked around me like steel girders. I didn't think of my questions again for the rest of that night. It didn't take long for me to grasp the reason for his mood, and even less time to feel exactly the same way. I'd been planning on needing years just to somewhat organize the overwhelming passion I felt for him physically. And then centuries after that to enjoy it. if we had only a month left together†¦ Well, I didn't see how I could stand to have this end. For the moment I couldn't help but be selfish. All I wanted was to love him as much as possible in the limited time given to me. It was hard to pull myself away from him when the sun came up, but we had our job to do, a job that might be more difficult than all the rest of our family's searches put together. As soon as I let myself think of what was coming, i was all tension; it felt like my nerves were being stretched on a rack, thinner and thinner. â€Å"I wish there was a way to get the information we need from Eleazar before we tell them about Nessie,† Edward muttered as we hurriedly dressed in the huge closet that was more reminder of Alice than I wanted at the moment. â€Å"Just in case.† â€Å"But he wouldn't understand the question to answer it,† I agreed. â€Å"Do you think they'll let us explain?† â€Å"I don't know.† I pulled Renesmee, still sleeping, from her bed and held her close so that her curls were pressed against my face; her sweet scent, so close, overpowered every other smell. I couldn't waste one second of time today. There were answers I needed, and wasn't sure how much time Edward and I would have alone today. If all went well with Tanya's family, hopefully we would have company for an extended period. â€Å"Edward, will you teach me how to fight?† I asked him, tensed for his reaction, as he held the door for me. It was what I expected. He froze, and then his eyes swept over me with a deep significance, like he was looking at me for the first or last time. His eyes lingered on our daughter sleeping in my arms. â€Å"If it comes to a fight, there won't be much any of us can do,† he hedged. I kept my voice even. â€Å"Would you leave me unable to defend myself?† He swallowed convulsively, and the door shuddered, hinges protesting, as his hand tightened. Then he nodded. â€Å"When you put it that way†¦ I suppose we should get to work as soon as we can.† I nodded, too, and we started toward the big house. We didn't hurry. I wondered what I could do that would have any hope of making a difference. I was a tiny bit special, in my own way – if a having a supematurally thick skull could really be considered special. Was there any use that I could put that toward? â€Å"What would you say their biggest advantage is? Do they even have a weakness?† Edward didn't have to ask to know I meant the Volturi. â€Å"Alec and Jane are their greatest offense,† he said emotionlessly, like we were talking of a basketball team. â€Å"Their defensive players rarely see any real action.† â€Å"Because Jane can burn you where you stand – mentally at least. What does Alec do? Didn't you once say he was even more dangerous than Jane?† â€Å"Yes. In a way, he is the antidote to Jane. She makes you feel the worst pain imaginable. Alec, on the other hand, makes you feel nothing. Absolutely nothing. Sometimes, when the Volturi are feeling kind, they have Alec anesthetize someone before he is executed. If he has surrendered or pleased them in some other way.† â€Å"Anesthetic? But how is that more dangerous than Jane?† â€Å"Because he cuts off your senses altogether. No pain, but also no sight or sound or smell. Total sensory deprivation. You are utterly alone in the blackness. You don't even feel it when they burn you.† I shivered. Was this the best we could hope for? To not see or feel death when it came? â€Å"That would make him only equally as dangerous as Jane,† Edward went on in the same detached voice, â€Å"in that they both can incapacitate you, make you into a helpless target. The difference between them is like the difference between Aro and me. Aro hears the mind of only one person at a time. Jane can only hurt the one object of her focus. I can hear everyone at the same time.† I felt cold as I saw where he was going. â€Å"And Alec can incapacitate us all at the same time?† I whispered. â€Å"Yes,† he said. â€Å"If he uses his gift against us, we will all stand blind and deaf until they get around to killingus – maybe they'll simply burn us without bothering to tear us apart first. Oh, we could try to fight, but we'll be more likely to hurt one another than we would be to hurt one of them.† We walked in silence for a few seconds. An idea was shaping itself in my head. Not very promising, but better than nothing. â€Å"Do you think Alec is a very good fighter?† I asked. â€Å"Aside from what he can do, I mean. If he had to fight without his gift. I wonder if he's ever even tried___† Edward glanced at me sharply. â€Å"What are you thinking?† I looked straight ahead. â€Å"Well, he probably can't do that to me, can he? If what he does is like Aro and Jane and you. Maybe†¦ if he's never really had to defend himself†¦ and I learned a few tricks – â€Å" â€Å"He's been with the Volturi for centuries,† Edward cut me off, his voice abruptly panicked. He was probably seeing the same image in his head that I was: the Cullens standing helpless, senseless pillars on thekillingfield – all but me. I'd be the only one who could fight. â€Å"Yes, you're surely immune to his power, but you are still a newborn, Bella. I can't make you that strong a fighter in a few weeks. I'm sure he's had training.† â€Å"Maybe, maybe not. It's the one thing I can do that no one else can. Even if I can just distract him for a while – † Could I last long enough to give the others a chance? â€Å"Please, Bella,† Edward said through his teeth. â€Å"Let's not talk about this.† â€Å"Be reasonable.† â€Å"I will try to teach you what I can, but please don't make me think about you sacrificing yourself as a diversion – † He choked, and didn't finish. I nodded. I would keep my plans to myself, then. First Alec and then, if I was miraculously lucky enough to win, Jane. If I could only even things out – remove the Volturi's overwhelming offensive advantage. Maybe then there was a chance†¦. My mind raced ahead. What if I was able to distract or even take them out? Honestly, why would either Jane or Alec ever have needed to learn battle skills? I couldn't imagine petulant little Jane surrendering her advantage, even to learn. If I was able to kill them, what a difference that would make. â€Å"I have to learn everything. As much as you can possibly cram into my head in the next month,† I murmured. He acted as if I hadn't spoken. Who next, then? I might as well have my plans in order so that, if I did live past attacking Alec, there would be no hesitation in my strike. I tried to think of another situation where my thick skull would give me an advantage. I didn't know enough about what the others did. Obviously, fighters like the huge Felix were beyond me. I could only try to give Emmett his fair fight there. I didn't know much about the rest of the Volturi guard, besides Demetri___ My face was perfectly smooth as I considered Demetri. Without a doubt, he would be a fighter. There was no other way he could have survived so long, always at the spear point of any attack. And he must always lead, because he was their tracker – the best tracker in the world, no doubt. If there had been one better, the Volturi would have traded up. Aro didn't surround himself with second best. If Demetri didn't exist, then we could run. Whoever was left of us, in any case. My daughter, warm in my arms†¦ Someone could run with her. Jacob or Rosalie, whoever was left. And†¦ if Demetri didn't exist, then Alice and Jasper could be safe forever. Is that what Alice had seen? That part of our family could continue? The two of them, at the very least. Could I begrudge her that? â€Å"Demetri†¦,† I said. â€Å"Demetri is mine,† Edward said in a hard, tight voice. I looked at him quickly and saw that his expression had turned violent. â€Å"Why?† I whispered. He didn't answer at first. We were to the river when he finally murmured, â€Å"For Alice. It's the only thanks I can give her now for the last fifty years.† So his thoughts were in line with mine. I heard Jacob's heavy paws thudding against the frozen ground. In seconds, he was pacing beside me, his dark eyes focused on Renesmee. I nodded to him once, then returned to my questions. There was so little time. â€Å"Edward, why do you think Alice told us to ask Eleazar about the Volturi? Has he been in Italy recently or something? What could he know?† â€Å"Eleazar knows everything when it comes to the Volturi. I forgot you didn't know. He used to be one of them.† I hissed involuntarily. Jacob growled beside me. â€Å"What?† I demanded, in my head picturing the beautiful dark-haired man at our wedding wrapped in a long, ashy cloak. Edward's face was softer now – he smiled a little. â€Å"Eleazar is a very gentle person. He wasn't entirely happy with the Volturi, but he respected the law and its need to be upheld. He felt he was working toward the greater good. He doesn't regret his time with them. But when he found Carmen, he found his place in this world. They are very similar people, both very compassionate for vampires.† He smiled again. â€Å"They met Tanya and her sisters, and they never looked back. They are well suited to this lifestyle. If they'd never found Tanya, I imagine they would have eventually discovered a way to live without human blood on their own.† The pictures in my head were jarring. I couldn't make them match up. A compassionate Volturi soldier? Edward glanced at Jacob and answered a silent question. â€Å"No, he wasn't one of their warriors, so to speak. He had a gift they found convenient.† Jacob must have asked the obvious follow-up question. â€Å"He has an instinctive feel for the gifts of others – the extra abilities that some vampires have,† Edward told him. â€Å"He could give Aro a general idea of what any given vampire was capable of just by being in proximity with him or her. This was helpful when the Volturi went into battle. He could warn them if someone in the opposing coven had a skill that might give them some trouble. That was rare; it takes quite a skill to even inconvenience the Volturi for a moment. More often, the warning would give Aro the chance to save someone who might be useful to him. Eleazar's gift works even with humans, to an extent. He has to really concentrate with humans, though, because the latent ability is so nebulous. Aro would have him test the people who wanted to join, to see if they had any potential. Aro was sorry to see him go.† â€Å"They let him go?† I asked. â€Å"Just like that?† His smile was darker now, a little twisted. ‘The Volturi aren't supposed to be the villains, the way they seem to you. They are the foundation of our peace and civilization. Each member of the guard chooses to serve them. It's quite prestigious; they all are proud to be there, not forced to be there.† I scowled at the ground. â€Å"They're only alleged to be heinous and evil by the criminals, Bella.† â€Å"We're not criminals.† Jacob huffed in agreement. â€Å"They don't know that.† â€Å"Do you really think we can make them stop and listen?† Edward hesitated just the tiniest moment and then shrugged. â€Å"If we find enough friends to stand beside us. Maybe.† If. I suddenly felt the urgency of what we had before us today. Edward and I both started to move faster, breaking into a run. Jacob caught up quickly. â€Å"Tanya shouldn't be too much longer,† Edward said. â€Å"We need to be ready.† How to be ready, though? We arranged and rearranged, thought and rethought. Renesmee in full view? Or hidden at first? Jacob in the room? Or outside? He'd told his pack to stay close but invisible. Should he do the same? In the end, Renesmee, Jacob – in his human form again – and I waited around the corner from the front door in the dining room, sitting at the big polished table. Jacob let me hold Renesmee; he wanted space in case he had to phase quickly. Though I was glad to have her in my arms, it made me feel useless. It reminded me that in a fight with mature vampires, I was no more than an easy target; I didn't need my hands free. I tried to remember Tanya, Kate, Carmen, and Eleazar from the wedding. Their faces were murky in my ill-lit memories. I only knew they were beautiful, two blondes and two brunettes. I couldn't remember if there was any kindness in their eyes. Edward leaned motionlessly against the back window wall, staring toward the front door. It didn't look like he was seeing the room in front of him. We listened to the cars zooming past out on the freeway, none of them slowing. Renesmee nestled into my neck, her hand against my cheek but no images in my head. She didn't have pictures for her feelings now. â€Å"What if they don't like me?† she whispered, and all our eyes flashed to her face. â€Å"Of course they'll – ,† Jacob started to say, but I silenced him with a look. ‘They don't understand you, Renesmee, because they've never met anyone like you,† I told her, not wanting to lie to her with promises that might not come true. â€Å"Getting them to understand is the problem.† She sighed, and in my head flashed pictures of all of us in one quick burst. Vampire, human, werewolf. She fit nowhere. â€Å"You're special, that's not a bad thing.† She shook her head in disagreement. She thought of our strained faces and said, â€Å"This is my fault.† â€Å"No,† Jacob, Edward, and I all said at exactly the same time, but before we could argue further, we heard the sound we'd been waiting for: the slowing of an engine on the freeway, the tires moving from pavement to soft dirt. Edward darted around the corner to stand waiting by the door. Renesmee hid in my hair. Jacob and I stared at each other across the table, desperation on our faces. The car moved quickly through the woods, faster than Charlie or Sue drove. We heard it pull into the meadow and stop by the front porch. Four doors opened and closed. They didn't speak as they approached the door. Edward opened it before they could knock. â€Å"Edward!† a female voice enthused. â€Å"Hello, Tanya. Kate, Eleazar, Carmen.† Three murmured hellos. â€Å"Carlisle said he needed to talk to us right away,† the first voice said, Tanya. I could hear that they all were still outside. I imagined Edward in the doorway, blocking their entrance. â€Å"What's the problem? Trouble with the werewolves?† Jacob rolled his eyes. â€Å"No,† Edward said. â€Å"Our truce with the werewolves is stronger than ever.† A woman chuckled. â€Å"Aren't you going to invite us in?† Tanya asked. And then she continued without waiting for an answer. â€Å"Where's Carlisle?† â€Å"Carlisle had to leave.† There was a short silence. â€Å"What's going on, Edward?† Tanya demanded. â€Å"If you could give me the benefit of the doubt for just a few minutes,† he answered. â€Å"I have something difficult to explain, and I'll need you to be open-minded until you understand.† â€Å"Is Carlisle all right?† a male voice asked anxiously. Eleazar. â€Å"None of us is all right, Eleazar,† Edward said, and then he patted something, maybe Eleazar's shoulder. â€Å"But physically, Carlisle is fine.† â€Å"Physically?† Tanya asked sharply. â€Å"What do you mean?† â€Å"I mean that my entire family is in very grave danger. But before I explain, I ask for your promise. Listen to everything I say before you react. I am begging you to hear me out.† A longer silence greeted his request. Through the strained hush, Jacob and I stared wordlessly at each other. His russet lips paled. â€Å"We're listening,† Tanya finally said. â€Å"We will hear it all before we judge.† â€Å"Thank you, Tanya,† Edward said fervently. â€Å"We wouldn't involve you in this if we had any other choice.† Edward moved. We heard four sets of footsteps walk through the doorway. Someone sniffed. â€Å"I knew those werewolves were involved,† Tanya muttered. â€Å"Yes, and they're on our side. Again.† The reminder silenced Tanya. â€Å"Where's your Bella?† one of the other female voices asked. â€Å"How is she?† â€Å"She'll join us shortly. She's well, thank you. She's taken to immortality with amazing finesse.† â€Å"Tell us about the danger, Edward,† Tanya said quietly. â€Å"We'll listen, and we'll be on your side, where we belong.† Edward took a deep breath. â€Å"I'd like you to witness for yourselves first. Listen – in the other room. What do you hear?† It was quiet, and then there was movement. â€Å"Just listen first, please,† Edward said. â€Å"A werewolf, I assume. I can hear his heart,† Tanya said. â€Å"What else?† Edward asked. There was a pause. â€Å"What is that thrumming?† Kate or Carmen asked. â€Å"Is that†¦ some kind of a bird?† â€Å"No, but remember what you're hearing. Now, what do you smell? Besides the werewolf.† â€Å"Is there a human here?† Eleazar whispered. â€Å"No,† Tanya disagreed. â€Å"It's not human†¦ but†¦ closer to human than the rest of the scents here. What is that, Edward? I don't think I've ever smelled that fragrance before.† â€Å"You most certainly have not, Tanya. Please, please remember that this is something entirely new to you. Throw away your preconceived notions.† â€Å"I promised you I would listen, Edward.† â€Å"All right, then. Bella? Bring out Renesmee, please.† My legs felt strangely numb, but I knew that feeling was all in my head. I forced myself not to hold back, not to move sluggishly, as I got to my feet and walked the few short feet to the corner. The heat from Jacob's body flamed close behind me as he shadowed my steps. I took one step into the bigger room and then froze, unable to force myself farther forward. Renesmee took a deep breath and then peeped out from under my hair, her little shoulders tight, expecting a rebuff. I thought I'd prepared myself for their reaction. For accusations, for shouting, for the motionlessness of deep stress. Tanya skittered back four steps, her strawberry curls quivering, like a human confronted by a venomous snake. Kate jumped back all the way to the front door and braced herself against the wall there. A shocked hiss came from between her clenched teeth. Eleazar threw himself in front of Carmen in a protective crouch. â€Å"Oh please† I heard Jacob complain under his breath. Edward put his arm around Renesmee and me. â€Å"You promised to listen,† he reminded them. â€Å"Some things cannot be heard!† Tanya exclaimed. â€Å"How could you, Edward? Do you not know what this means?† â€Å"We have to get out of here,† Kate said anxiously, her hand on the doorknob. â€Å"Edward †¦Ã¢â‚¬  Eleazar seemed beyond words. â€Å"Wait,† Edward said, his voice harder now. â€Å"Remember what you hear, what you smell. Renesmee is not what you think she is.† â€Å"There are no exceptions to this rule, Edward,† Tanya snapped back. â€Å"Tanya,† Edward said sharply, â€Å"you can hear her heartbeat! Stop and think about what that means.† â€Å"Her heartbeat?† Carmen whispered, peering around Eleazar's shoulder. â€Å"She's not a full vampire child,† Edward answered, directing his attention toward Carmen's less hostile expression. â€Å"She is half-human.† The four vampires stared at him like he was speaking a language none of them knew. â€Å"Hear me.† Edward's voice shifted into a smooth velvet tone of persuasion. â€Å"Renesmee is one of a kind. I am her father. Not her creator – her biological father.† Tanya's head was shaking, just a tiny movement. She didn't seem aware of it. â€Å"Edward, you can't expect us to – ,† Eleazar started to say. â€Å"Tell me another explanation that fits, Eleazar. You can feel the warmth of her body in the air. Blood runs in her veins, Eleazar. You can smell it.† â€Å"How?† Kate breathed. â€Å"Bella is her biological mother,† Edward told her. â€Å"She conceived, carried, and gave birth to Renesmee while she was still human. It nearly killed her. I was hard-pressed to get enough venom into her heart to save her.† Tve never heard of such a thing,† Eleazar said. His shoulders were still stiff, his expression cold. â€Å"Physical relationships between vampires and humans are not common,† Edward answered, a bit of dark humor in his tone now. â€Å"Human survivors of such trysts are even less common. Wouldn't you agree, cousins?† Both Kate and Tanya scowled at him. â€Å"Come now, Eleazar. Surely you can see the resemblance.† It was Carmen who responded to Edward's words. She stepped around Eleazar, ignoring his half-articulated warning, and walked carefully to stand right in front of me. She leaned down slightly, looking carefully into Renesmee's face. â€Å"You seem to have your mother's eyes,† she said in a low, calm voice, â€Å"but your father's face.† And then, as if she could not help herself, she smiled at Renesmee. Renesmee's answering smile was dazzling. She touched my face without looking away from Carmen. She imagined touching Carmen's face, wondering if that was okay. â€Å"Do you mind if Renesmee tells you about it herself?† I asked Carmen. I was still too stressed to speak above a whisper. â€Å"She has a gift for explaining things.† Carmen was still smiling at Renesmee. â€Å"Do you speak, little one?† â€Å"Yes,† Renesmee answered in her trilling high soprano. All of Tanya's family flinched at the sound of her voice except for Carmen. â€Å"But I can show you more than I can tell you.† She placed her little dimpled hand on Carmen's cheek. Carmen stiffened like an electric shock had run through her. Eleazar was at her side in an instant, his hands on her shoulders as if to yank her away. â€Å"Wait,† Carmen said breathlessly, her unblinking eyes locked on Renesmee's. Renesmee â€Å"showed† Carmen her explanation for a long time. Edward's face was intent as he watched with Carmen, and I wished so much that I could hear what he heard, too. Jacob shifted his weight impatiently behind me, and I knew he was wishing the same. â€Å"What's Nessie showing her?† he grumbled under his breath. â€Å"Everything,† Edward murmured. Another minute passed, and Renesmee dropped her hand from Carmen's face. She smiled winningly at the stunned vampire. â€Å"She really is your daughter, isn't she?† Carmen breathed, switching her wide topaz eyes to Edward's face. â€Å"Such a vivid gift! It could only have come from a very gifted father.† â€Å"Do you believe what she showed you?† Edward asked, his expression intense. â€Å"Without a doubt,† Carmen said simply. Eleazar's face was rigid with distress. â€Å"Carmen!† Carmen took his hands into her own and squeezed them. â€Å"Impossible as it seems, Edward has told you nothing but truth. Let the child show you.† Carmen nudged Eleazar closer to me and then nodded at Renesmee. â€Å"Show him, mi querida† Renesmee grinned, clearly delighted with Carmen's acceptance, and touched Eleazar lightly on the forehead. â€Å"Ay caray!†hespit, and jerked away from her. â€Å"What did she do to you?† Tanya demanded, coming closer warily. Kate crept forward, too. â€Å"She's just trying to show you her side of the story,† Carmen told him in a soothing voice. Renesmee frowned impatiently. â€Å"Watch, please,† she commanded Eleazar. She stretched her hand out to him and then left a few inches between her fingers and his face, waiting. Eleazar eyed her suspiciously and then glanced at Carmen for help. She nodded encouragingly. Eleazar took a deep breath and then leaned closer until his forehead touched her hand again. He shuddered when it began but held still this time, his eyes closed in concentration. â€Å"Ahh,† he sighed when his eyes reopened a few minutes later. â€Å"I see.† Renesmee smiled at him. He hesitated, then smiled a slightly unwilling smile in response. â€Å"Eleazar?† Tanya asked. â€Å"It's all true, Tanya. This is no immortal child. She's half-human. Come. See for yourself.† In silence, Tanya took her turn standing warily before me, and then Kate, both showing shock as that first image hit them with Renesmee's touch. But then, just like Carmen and Eleazar, they seemed completely won over as soon as it was done. I shot a glance at Edward's smooth face, wondering if it could really be so easy. His golden eyes were clear, unshadowed. There was no deception in this, then. â€Å"Thank you for listening,† he said quietly. â€Å"But there is the grave danger you warned us of,† Tanya said. â€Å"Not directly from this child, I see, but surely from the Volturi, then. How did they find out about her? When are they coming?† I was not surprised at her quick understanding. After all, what could possibly be a threat to a family as strong as mine? Only the Volturi. â€Å"When Bella saw Irina that day in the mountains,† Edward explained, â€Å"she had Renesmee with her.† Kate hissed, her eyes narrowing to slits, â€Å"irina did this? To you? To Carlisle? Irina?† â€Å"No,† Tanya whispered. â€Å"Someone else †¦Ã¢â‚¬  â€Å"Alice saw her go to them,† Edward said. I wondered if the others noticed the way he winced just slightly when he spoke Alice's name. â€Å"How could she do this thing?† Eleazar asked of no one. ‘Imagine if you had seen Renesmee only from a distance. If you had not waited for our explanation.† Tanya's eyes tightened. â€Å"No matter what she thought†¦ You are our family.† â€Å"There's nothing we can do about Irina's choice now. It's too late. Alice gave us a month.† Both Tanya's and Eleazar's heads cocked to one side. Kate's brow furrowed. â€Å"So long?† Eleazar asked. â€Å"They are all coming. That must take some preparation.† Eleazar gasped. â€Å"The entire guard?† â€Å"Not just the guard,† Edward said, his jaw straining tight. â€Å"Aro, Caius, Marcus. Even the wives.† Shock glazed over all their eyes. â€Å"Impossible,† Eleazar said blankly. â€Å"I would have said the same two days ago,† Edward said. Eleazar scowled, and when he spoke it was nearly a growl. â€Å"But that doesn't make any sense. Why would they put themselves and the wives in danger?† â€Å"It doesn't make sense from that angle. Alice said there was more to this than just punishment for what they think we've done. She thought you could help us.† â€Å"More than punishment? But what else is there?† Eleazar started pacing, stalking toward the door and back again as if he were alone here, his eyebrows furrowed as he stared at the floor. â€Å"Where are the others, Edward? Carlisle and Alice and the rest?† Tanya asked. Edward's hesitation was almost unnoticeable. He answered only part of her question. â€Å"Looking for friends who might help us.† Tanya leaned toward him, holding her hands out in front of her. â€Å"Edward, no matter how many friends you gather, we can't help you win. We can only die with you. You must know that. Of course, perhaps the four of us deserve that after what Irina has done now, after how we've failed you in the past – for her sake that time as well.† Edward shook his head quickly. â€Å"We're not asking you to fight and die with us, Tanya. You know Carlisle would never ask for that.† â€Å"Then what, Edward?† â€Å"We're just looking for witnesses. If we can make them pause, just for a moment. If they would let us explain †¦Ã¢â‚¬  He touched Renesmee's cheek; she grabbed his hand and held it pressed against her skin. â€Å"It's difficult to doubt our story when you see it for yourself.† Tanya nodded slowly. â€Å"Do you think her past will matter to them so much?† â€Å"Only as it foreshadows her future. The point of the restriction was to protect us from exposure, from the excesses of children who could not be tamed.† â€Å"I'm not dangerous at all,† Renesmee interjected. I listened to her high, clear voice with new ears, imagining how she sounded to the others. â€Å"I never hurt Grandpa or Sue or Billy. I love humans. And wolf-people like my Jacob.† She dropped Edward's hand to reach back and pat Jacob's arm. Tanya and Kate exchanged a quick glance. â€Å"If Irina had not come so soon,† Edward mused, â€Å"we could have avoided all of this. Renesmee grows at an unprecedented rate. By the time the month is past, shell have gained another half year of development.† â€Å"Well, that is something we can certainly witness,† Carmen said in a decided tone. â€Å"We'll be able to promise that we've seen her mature ourselves. How could the Volturi ignore such evidence?† Eleazar mumbled, â€Å"How, indeed?† but he did not look up, and he continued pacing as if he were paying no attention at all. â€Å"Yes, we can witness for you,† Tanya said. â€Å"Certainly that much. We will consider what more we might do.† â€Å"Tanya,† Edward protested, hearing more in her thoughts than there was in her words, â€Å"we don't expect you to fight with us.† â€Å"If the Volturi won't pause to listen to our witness, we cannot simply stand by,† Tanya insisted. â€Å"Of course, I should only speak for myself.† Kate snorted. â€Å"Do you really doubt me so much, sister?† Tanya smiled widely at her. â€Å"It is a suicide mission, after all.† Kate flashed a grin back and then shrugged nonchalantly. â€Å"I'm in.† â€Å"I, too, will do what I can to protect the child,† Carmen agreed. Then, as if she couldn't resist, she held her arms out toward Renesmee. â€Å"May I hold you, bebe linda?† Renesmee reached eagerly toward Carmen, delighted with her new friend. Carmen hugged her close, murmuring to her in Spanish. It was like it had been with Charlie, and before that with all the Cullens. Renesmee was irresistible. What was it about her that drew everyone to her, that made them willing even to pledge their lives in her defense? For a moment I thought that maybe what we were attempting might be possible. Maybe Renesmee could do the impossible and win over our enemies as she had our friends. And then I remembered that Alice had left us, and my hope vanished as quickly as it had appeared.