### Cryptology I

1. Please fill in the table below (2pts)

 Action Use whose and what key Create a signature Use  private’s _128 bit key to encrypt message Decrypt a signature to authenticate sender Use  public ’s 128 bit key to decrypt massage Send an encrypted message (such as a session key) with RSA Use  _132 bit ’s private___ key Decrypt an encrypted message (such as a session key) with RSA Use  132bit ’s __public key Send an encrypted message signature with AES Use  __64 bit  ’s private_ key Decrypt an encrypted message signature with AES Use  _132’s public_ key

1. Please address the learning objectives (one to two paragraphs for each objective) (2pt)

Confidentiality. The main object of encryption is to enhance confidentiality, this is obtained by sending the encrypted messages created by shifting the letters of the original message. If the scrambling technique is difficult, only the general with the key can read the message.

Security. The other objective of encryption is to secure files and data by converting them in an encrypted language which can also be converted to cipher text from plain text. Encrypting data is very important because it gives us surety that data free of damage or access by unauthorized person.

• Understand how symmetric and asymmetric cryptograph works.

Symmetric encryption works by mixing the secret input with secret key in a way that can’t derive the input or key from the output. Mixing details differ significant, but there are blocker ciphers and steam ciphers. (Daemen & Rijmen, 2009). Block cipher functions by observing the input data in 8, 16 and 32byte block at a time, and distributing the keys and inputs within those blocks various modes of operations are required to encrypt more data that fits than fits in the block. Symmetric cipher are the best when handling bulk data encryption.

Asymmetrical encryption works by exploiting very hard mathematical problems with black doors which enhances fast solutions.it helps in solving key distribution problems. Instead of obtaining  O(N^2) key pairs between every pair of individuals  wanting to encrypt to talk among themselves it requires  O(N) keys  one private /public pair per person, and all of them just needs to know each other’s public portion. Asymmetric ciphers are used to transfer session keys for symmetric ciphers. When small portion of data is going to be transferred. Cryptographers would prefer to send the actual data encrypted with a symmetric cipher, and send the key encrypted with an asymmetric cipher. The advantage of using asymmetric is that you can send a message to thousands of different recipients, and the capacity of the message will be O(size of message + 1000*2048 bits) ( Boneh & Franklin, 2007).You  can also encrypt the session key to very recipients , and only transfer the message once. Asymmetric ciphers are best for encrypting small amounts of random data, such as message digest and session keys.

• Discuss the pros and cons of symmetric and asymmetric cryptography.

They are extremely secure when it uses secure algorithms. When you use it with the most secure 256-bit key length, it can take even billions of years for a 10petaflop computer to guess the key through a brute force attack ( Boneh & Franklin, 2007).

Encrypting and decrypting symmetric key is relatively faster .solid states drives stores data and they are fast in terms encrypting and decrypting data.

• In Symmetric Cryptosystems, encrypted data can be transferred on the link even if there is a possibility that the data will be intercepted. Since there is no key transmitted with the data, the chances of data being decrypted are null.

• A symmetric cryptosystem uses password authentication to prove the receiver’s identity.
• A system only which possesses the secret key can decrypt a message.

• Sharing of the key is the main problem in symmetric encryption because you need to have a way to give the key to the other party with whom you are sharing the data with. Encryption are not like password or simple strings. They are block of gibberish and therefore you will need to have a safer way to take the key to the other party so that no one else accesses the data ( Boneh & Franklin, 2007).

• Data damages. When someone accesses the symmetric key, they can encrypt or decrypt everything using the key. When using symmetric encryption in two way communication, the messages for both sides can be easily compromised.
• Symmetric cryptosystem have a problem of transportation. The secret key has to be transmitted to the recipient system before the actual message is sent this would mean that communication is insecure as it does not guarantee no one will hijack communication (Daemen & Rijmen, 2009).
• Symmetric encryption cannot provide digital signatures that cannot be repudiated

• In asymmetric or public key, cryptography there is no need for exchanging keys, thus eliminating the key distribution problem.
• The primary advantage of public-key cryptography is increased security: the private keys do not ever need to be transmitted or revealed to anyone.
• Can provide digital signatures that can be repudiated

• A disadvantage of using public-key cryptography for encryption is speed: there are popular secret-key encryption methods which are significantly faster than any currently available public-key encryption method.

4) Identify different roles of encryption key, message digest, and digital signature.

Roles of encryption keys

Procter the data from being accessed by unauthorized person. When a message is send, the two inputs are the public key of the intended recipient. Key protect the data that is send through internet. If the data is send to a wrong person, no information can be drawn from it as it is fully protected by the keys (Daemen & Rijmen, 2009).

Encryption key is used to the Manage Domain password encryption,

Role of message digest

• Used to produce digital summaries of information
• Provide a digital identifier for each digital file or document
• Process information to produce a different message digest for each unique document.

Role of digital signatures

Digital signatures has the private-key that signs signatures, and the public-key that verifies signatures

• Digital signatures enables the owner (of the private-key) can create the digital signature, hence it can be used to verify who created a message
• Only individuals with public key can verify the signature.
•  Digital signatures usually don’t sign the whole message but just a hash of the message
• digital signatures can provide non-repudiation of message origin, since an asymmetric algorithm is used in their creation,

References

Boneh, D., & Franklin, M. (2007). Identity-based encryption from the Weil pairing. In Advances in Cryptology—CRYPTO 2001 (pp. 213-229). Springer Berlin Heidelberg.

Daemen, J., & Rijmen, V. (2009). The design of Rijndael: AES-the advanced encryption standard. Springer Science & Business Media.

### LEARNING AT THE WORKPLACE

Introduction

Workplace description

A workplace is a physical location where an employed person goes to work everyday. A great workplace builds a strong sense of trustworthiness between employees, it builds pride and it makes working enjoyable. At my workplace, there are a total of 30 employees in the marketing department. Being part of the marketing team in a business oriented company has been an awesome experience. The marketing department is involved in the establishment of a relationship between the company and the stakeholders, who are mainly the customers. The main core task of a marketing manager is the establishment of realistic,specific and attainable, long term and short term strategies. Being a marketing manager, more interaction and socialization with both the employees and the customers is the most essential scope of the task.

Tasks to be performed at the workplace

The tasks i perform in the marketing department encompasses around, development of a product brand for the company, competitive intelligence and building of a very good relation with the customers. The duties i perform involves identification and analysis of the company strengths and weaknesses and deduce ways to respond to any threats that may be encountered in marketing of the products. Setting of goals for the marketing department to achieve and establish a competitive nature between the company’s marketing department and other competitive companies. Choosing of labels and mode of packaging to lure more customers into purchasing the company brand is also another core task of the marketing manager.

Advertising of the company products and sales promotion as a way of rewarding customers and other stakeholders of the company is also one of the tasks performed by a marketing manager. A marketing manager within Magnificence Company is also expected to conduct auditing on quarterly basis to determine the performance of the company and the marketing department as a whole.

Sorts of Learning required to perform various tasks.

Propositional learning

Propositional learning is an attentional demanding and effortful reasoning process that involves establishing relationship between events and develop propositional knowledge on those events. Propositional learning occurs given a number of assumptions, for example, when a bell rings overtime is a potential signal of being served food. The bell ringing and receiving of food is hypothesized and is a confirmation of the test of the laid hypothesis. Hence, encoding the existing relationship between the bell and receiving food constitutes propositional learning. Propositional learning involves organizing of fundamental knowledge in a learner oriented perspective in order to enhance the interconnectedness between concepts and make it simpler to understand.

The main task involved in the marketing department is the establishment of great relationship between the company products and the stakeholders mainly the customers (Argyris,1996). Propositional learning is the type of learning included in the simplification of ideas regarding the benefits and usefulness of the company products and deduce better ways to enhance the customers purchase of the company brands. The formation of better company brands and models to attract more customers, is part of propositional learning. Apart from simplifying the products ideas to the customers, propositional learning minimizes the complexity of concepts and makes the concepts easy to understand.

This enables the manager to explain conceptual ideas to the fellow employees in a simpler way hence better understanding,and this motivates fellow employees to achieve the purposed goals.

Procedural learning

Procedural learning, refers to the type of learning that involves the acquisition of new skills through repetitive performance and practice. It also involves storage and retrieval of information that underlie the motor, verbal and cognitive procedures. The main aim of procedural learning is to evaluate the ability of the employees or learners to incorporate new procedures, and this is assessed through the ability to perform new complex procedures. In the marketing department, to measure the performance of the employees and their ability to develop new skills is through the use of procedural learning. In marketing in order to develop competitiveness within the company and with other rival companies, new and sophisticated procedures need to be developed. Procedural learning enhances the degree of performance of tasks through the involvement of associative, cognitive and autonomous adaptive methods (Billet,1996). Procedural learning within an organization should be properly controlled since it is a very delicate learning process and failure to grasp a step through the transition leads to the failure of the whole learning process. This may put the company at risk of losing its divine resources hence losses incurred.

Dispositional learning

Dispositional learning is the type of learning that involves the combination of various learning inclinations, skills, interaction and assessment and behavioral patterns. Dispositional learning encompasses around persisting, collaboration, interactions and taking responsibility. Dispositional learning engages the interests and challenges experienced in the course of pursuit of various tasks. Disposition learning equips learners with the necessary skills required to cope with the complexity and ambiguity pertaining the tasks to be done (Billet,2002).

Background

All the learning techniques thoroughly discussed and evaluated, enlighten the pathway to the achievement of a successful task management and work pursuit in the workplace. In marketing department, employees get to grasp a lot of concepts from the experiences in the field and the interrelationship developed between employees themselves. Propositional learning which involves the establishment interconnectedness between the products and the buyers of the products helps in the provision of necessary skills needed to cope with the marketing challenges. In order to ensure highest customer satisfaction, the products delivered should be in accordance to the required standards. Learning the consumers wants, requires field pursuit of the variation of the market demand and brands popularity within the demand field. Propositional learning also facilitates learning of the competitive company’s products and deduce better ways to maintain the competitive nature in the competitive field.

In the procedural learning, involves the acquisition of the skills through repetitive learning and practice. In the marketing department, repetitiveness of the skills used in the assessment of the company performance depends on the skills possessed by the employees and the capacity to improve these skills. Marketing department is responsible for the development of promotions and various activities that facilitates boosting of the company sales. In order to ensure stiff competition between the company and the rival companies, more complex and unique ideas should be developed to ensure that the company brand maintains a high market demand. Procedural learning is a delicate learning method and involves a series of phases that needs to be undertaken in order to ensure proper performance of the tasks.

Dispositional learning which involves a combination of various learning skills like interactions and assessment of behavioral patterns. Dispositional learning is a very crucial learning technique incorporated in the marketing department. The assessment of the changes that occur in the financial analysis of the demand and supply market. The assessment of the market behavioral patterns helps in the determination of the consumer needs and find ways to ensure the consumer needs are satisfied. Interactiveness achieved through disposition learning, ensures that ideas between employees are shared and new methods to handle challenges are deduced hence minimizing the risk of incurring losses.

The sorts of learning processes discussed are developed in a workplace where the employees can effectively interact and share ideas about ways to enhance product sales. In a workplace, the marketing manager has the mandate to train the employees on ways to enhance and improve the sales of the company. The marketing manager can be able to train the employees through active performance and teaching of the employees on new ways through the meetings held to discuss the challenges facing the marketing department. In the workplace, there is the development of competitiveness in the performance of the employees in order to get a pay raise. The environment created within a company ensures that employees deduce complex and unique ideas to build competitiveness both inter and intra competitiveness hence better performance of the whole department.

How work place contributes to effective learning process

The main goal of incorporation of learning in an organization is to ensure that, employees or the workers are able to carry out their current roles to their full capacity. Many enterprises are interested in knowing how the workforce is able to successfully cope with changing environments in order to provide effective services and goods. Learning within the workplace environment is the key determinant of the growing importance of different kinds of developments.

Learning through the workplace environment has become a necessity for most workers to establish transition through working and occupational boundaries. The main aim of concern in the incorporation of learning in the workplace is to improve the educational setting with the knowledge to a real life experience. Workplaces have been used as a rich basis to develop cognitive and conceptual accounts over what happens in educational institutions. The mediation of the experience learned in the workplace and the immediate experience of engagement of experience through learning shapes a unique combination that shapes personal construals available at the workplace environment.

Workplaces also provide essential affordances conditions and personal orientation towards learning from our mistakes and improving practices form the mistakes made. Workplace provides a platform to develop experience after the learning process and also improves personal and individual perspective through research. Workplace provides an environment to adapt skillful resources that could assist in the the development and improvement of national prosperity and the capacity to deliver better provisions to the consumers. Many concepts learned in an educational institution are practiced and fully experienced in the working environment hence forming the core basis to pursue research.

Pedagogies of learning

Pedagogy mainly refers to the new fangled methods of learning used by practitioners in teaching in various learning environments. The pedagogies used at the workplace maybe different depending on the different kind of learners and the prior experiences learned before the person was incorporated to be part of the company or the organization. The resources available and the lessons learned also contributes to the development of various pedagogies. In a workplace environment, the information received is the first hand directly from the field and involves a collaborative effort of the employees and the managers to ensure the success of the company or organization. In a workplace a person is self assessed in comparison to an educational institution where a person is assessed by other people. The experience gained from the workplace is intrinsically motivated. There are various types of work related pedagogies that are incorporated in an organization to enhance its performance.

Types of pedagogies

Learning by watching forms the key element in learning in a workplace since the human brain is modified and structured to work best through observation. Learning practice in a workplace can also be performed better through imitation of the virtues encountered in a working environment. Observation of performance and emulation of deeds builds a better understanding of a given practice. Emulation also forms a vital social characteristic that holds a group together while learning through feedback forms a very strong disposition to guiding improvement (Dillenbourg,1999). Learning through chatting forms the basis of the pedagogies of the working environment and most of the useful learning occurs through informal conversation between experienced peers and non experienced peers. Chatting between peers facilitates the exchange of ideas that helps in the improvement of performance of the less experienced workers rather than the assessment of the negative evaluation of self worth.

In the workplace, learning through teaching and helping each other, helps in the derivation of satisfaction and self esteem of individual workers. In the world of business, learning by listening and repetition forms of key component in the workplace pedagogy. The method of listening and repetition is mainly used when the workers are to commit the knowledge learned to memory which is necessary in the field application. However, experiential learning could also be applied in the entrepreneurial field and this occurs through the first experience we gain from the application of the knowledge learned. The experience developed from the practices performed helps in the conceptual understanding and empowerment of our learning of various correlated fields.

Limitations experienced in the incorporation of the pedagogies

In the development of the dialogue learning technique, the crucial step encompasses around the communicative process which occurs between individuals who can be treated equally. In an institution with different hierarchies and seniority range positions, it proves to be difficult to incorporate the dialogue technique. As much as dialogue pedagogy seeks knowledge, understanding and agreement of a particular concept, short comings may arise when the two participants fail to reach an understanding.

Some of the learning techniques used in the workplace involves a series of steps to be strictly followed and deviation from these steps may lead to failure of the learning process which possess a greater risk to the organization or the company. In the evaluation and incorporation of learning techniques in the workplace, change is part of the challenges that have to be experienced and  new ways have to be deduced to cope with changes that occur as a result of the incorporation of new learning techniques (Collins,1989). The ability to apply the knowledge and expertise learned in the workplace to the real experience may bring a lot of controversial issues if the concept was not well understood. The learning techniques acquired through various experiences may become problematic to apply if the organization lacks proper resources and facilities to carry out various methods.

In the workplace, the development of better skills and new methods to solving arising issues and increase of profits leads to recognition and appraisals by the managers and fellow colleagues. However, the assumption that develops an obvious environment within an organization leads to decreased performance of the workers which leads to losses. The main core virtue of a manager is to identify opportunities and the new skills and knowledge from the employees and encourage constructive input which builds a better performance of the organization. An individual’s self assurance on the use of technologies may hinder the development and use of the acquired skills.

Conclusion

From the concepts learned in this course about the workplace learning, employees are viewed as adult learners and organizational learning forms a theoretical point of view to review empirical studies and develop solutions to pedagogical problems encountered in the working environment.  The theoretical basis of learning at the workplace incorporates solutions and researches from different sources. The sociocultural theories learned at the workplace through interaction with people from various walks of life, provides a conceptual tool for understanding the social nature of learning. The cognitive theories of learning helps in expertise development in the workplace level hence increasing the capacity of individual assessment in terms of performance.

Open dialogue and sharing of ideas between colleagues is part of the learning theories incorporated in order to transform individual learning process to organizational learning process.

Learning of various concepts and ideas to be incorporated in a workplace should take place in an environment similar to a real life situation. For example, the type of learning incorporated in the marketing field should incorporated direct conversing with the stakeholders to determine the strengths and the weaknesses of the company. This helps in the formulation of ways to curb the weaknesses and improve on the strengths to ensure competitiveness is maintained.

Conflicts arising from learning are considered to be initiatives of learning and indicates the mean confrontation of employees with the potential problems that are likely to arise. The best way to deal with the arising personal conflict in the working environment is the encouragement of collaborative activities within the workplace . The development of a collaborative working environment requires the intervention of a human resource development personnel. In places where technology has already taken it course, it’s difficult to determine the how the process of learning can take place since technology dictates how learning should take place.

Recommendations

The support of individualistic and collaborative knowledge develops the integration of better relationship between employees that facilitates the conceptualization of ideas into authentic experiences. In the marketing department, the development of team work and collaborative sharing of ideas helps in developing a constructive input that helps in the realization of the best outcome which is reflected on the sales of the company products. Structural support and guidance of the less experienced employees builds up their confidence and their performance through the support of their explication of implicit knowledge.

Real dialogue between peers helps in the confrontation of fears and challenges likely to be encountered in the field operations. For example, in the marketing department of Magnificence Company, the reduction in sales as a result of negative attitude from the consumers can be confronted through the use of promotions. Promotions helps in the awarding of consumers and the same time try to detect the flaws existing in the company products. After the development of collaborative team support and real dialogue, it is of great importance to incorporate a well organized knowledge structures and formalized thinking in the organization of ideas and concepts (Rai zen,1991). The sales people working within the data entry environment should incorporate both the e-learning technological advances with the face to face confrontation which helps in the developing solutions to the arising problems in an orderly manner.

Building of new knowledge and encouragement of the formulation of ideas helps in the development of new and better market brands that could increase sales as a result of consumer satisfaction. In a marketing or business oriented environment learning through peer chatting helps in sharing of ideas which should be highly encouraged. During the assessment of the individual performance and the ability to develop complex and genuine ideas, training and experiential learning is highly encouraged. Learning ideas that are delicate and difficult to incorporate in the learning process should be highly avoided to avoid risks development which may eventually lead to losses.

Being a marketing manager it is of great importance to integrate various learning skills in the organization.

References

Argyris, C. & Scholar, D. (1996). Organizational Learning II: Theory, Method and Practice, Addison-Wesley, Reading, MA.

Billet, S. (1996), “Situated learning: Bridging sociocultural and cognitive theorizing”,Learning

and Instruction Vol. 6.

Billet, S. (2002), “Workplace pedagogic practices: co-participation and learning”,British Journal

of Educational Studies. Vol. 50.

Dillenbourg, P. (1999).Collaborative Learning: Cognitive and Computational Approaches Pergamum, Else vier Science, Amsterdam

Collins, A. & Newman, S. (1989). Cognitive apprenticeship: Teaching the crafts of reading, writing and mathematics. In Knowledge, learning and instruction, essays in Honor of Robert Glaser. Hillsdale, Erlbaum & Associates

Rai zen, S. (1991).Learning and work: The research base. Vocational Education and Training for youth: Towards coherent policy and practice Paris.

### Research on Human and Animal Health

Physicians and scientists make use of medical research results in their clinical practice. To maintain their competence, physicians mustkeep up with the current research in their area of practice through Continuing Medical Education. The most common method of research for practicing physicians is the clinical trial. Ahead of a new drug approval by government mandated regulatory authorities, it must undergo extensive testing for safety and efficacy. The process starts with laboratory studies preceded by testing on animals. Before development of a new drug experiments are done on animals to test the safety of the other product. Many of these trials cause pain to animals and might reduce the quality of line in other ways to the animal involved. Two positions on animal experiments are clearly stated; experiment on animals is acceptable if(and only) suffering is minimized in all experiments, human benefits are gained which could not be obtained by using other methods. If the drug passes the animal test it is then tested on a small group of patients before large scale clinical trials

The following phase are undergone before the drug is allowed to be administered to patients: Phase one, research is usually conducted on a relatively small number of healthy volunteers, who are often paid for their participation, to determine what dosage of the drug is needed to produce a response in the human body, how the body responds to the drug, and whether the drug produces toxic or harmful effects. Phasetwo, research is conducted on a group of patients who have the disease that the drug is intended to treat. Its goals are to determine if the drug has any beneficial effect on thedisease and if has any harmful side effects.

, Phase three research is the clinical trial, in which the drug is administered to a large number of patients and compared to another drug, if there is one for the condition in question, and/or to a placebo. Where possible, such trials are ‘double-blinded’, i.e., neither research subjects nor their physicians know who is receiving which drug or placebo. Phase four researches takes place after the drug is licensed and marketed. For the first few years, a new drug is monitored for side effects that did not show up in the earlier phases. Additionally, the pharmaceutical company is usually interested in how well the drug is being received by physicians who prescribe it and patients who take it.

According to (Ogungbure, 2011)There are established ethical principles to protect human participants in biomedical research from undue exploitation by researchers. However, in the 19th and 20th centuries many prominent medical researchers conducted experiments on patients without their consent and with little if any concern for the patients’ well-being.Although there were some statements of research ethics dating from the early 20th century, they did not prevent physicians inNazi Germany and elsewhere from performing research on subjects that clearly violated fundamental human rights.

After the Nuremberg war crimes, legal representatives soughtto expose the full extent of the systematic acts of cruelty, brutality, torture,enslavement,starvation and mass murder perpetrated by the members and associates of the Nazi regime. The evidence produced by the legal representatives led to a separate trial in 1944 with 23 leading scientists and physicians being charged with war crimes. It was suggested by some of the accused that the warrant of the experimentation was the pursuit of scientific knowledge, advancement of medical practice which would assist  in understanding and helping in the development of standardized procedures and cures. Other organization which emerged after 2nd world war which hadinternational influence and published substantial material on the appropriate treatment of humans are the united nations organizationcharter, which was formerly signed by 50 nations in 1945; the universal declaration of human rights approved by UN assembly in 1948.; the council of Europe founded in 149 under London treaty which published the convention for human rights and fundamental freedoms.The World Medical Association was established in 1947, the same year that the Nuremberg Code was set forth.

Conscious of the violations of medical ethics before and during 2nd World War, the founders of the WMA immediately took steps to ensure that physicians would at least be aware of their ethical obligations. In 1954, after several years of study, the WMA adopted a set of Principles for Those in Research and Experimentation.The basis of the above judgmentis known as the Nuremberg Code, which has served as one of the Nuremberg code is a set of research ethics principles for human experimentation set as a result of subsequent Nuremberg trials at the end of the second world war while Belmont report addresses the ethical principles and guidelines to be followed on research involving human objects; respect for human beings, beneficence and justice, whose major areas of application werestated and include; informed decision, assessment of risks , benefits and selection of subjects.

The above principles were violated by researchers in the Tuskegee syphilis study done from 1932 to 1972 Tuskegee, Alabama, as the participants were not given clear information about  their condition, about the treatment  they were receiving and were treated based on the race, gender and economic class.The men that were used in the research, most of them uneducated sharecroppers were left untreated with syphilis, and suffered tremendously in the hands ofmedical practitioners from the US Public Health Service. As (Vonderlehr) observe, “SuchIndividualsappeared to provide strange opportunity to examine the untreated syphilitic patientsfrom the onset of the disease to the death of the affected person”. The researchers alsosought to compare the syphilitic process uninfluenced by modern treatment with the resultsobtained when treatment had been given. In response to public outcry following an expose on the US public health service syphilis study at Tuskegee, 93rdUnited States congress enacted the national research act in 1974.which created the first national bioethics  commission , the national commission for human subjects of biomedical and behavioral research which was charged with identifying ‘the ethical principles which guidedthe conduct of biomedical and behavioral researcher with human subjects and developing guidelines to be followed in during research conduct. Members of the commission held a closed meeting at Belmont conference center, Feb 13-16, 1976.with the help of advisors and collection of scholarly essays on the role of and nature of moral principles for research, the commission came up with the report known as Belmont report.

References

Ogungbure, A. A. (2011, December). The Tuskegee syphilis Study: Some Ethical Reflection. A journal of Philosophical Asssociation Of Kenya(PAK), Vol 3, pp 75-92.

Vonderlehr, R. (n.d.). Untreated syphilis in the Male Negro (Vol. No.189).

### Philosophy Assignment

Abstract

The present essay examines the validity in the statement “Law gives everyone equal access to justice” critically in the light of the various evidences pertaining to the context of the ‘socioeconomic disparities” existing in the society. The essay critically evaluates the truth in this statement which is a highly debated and controversial subject invoking mixed responses in the light of the viewpoints of thinkers like Marx and Weber and statistical facts. It presents an argument to prove that the statement lacks solid grounding and there are huge disparities in the access to justice among the members of the members of different classes.

Philosophy Assignment

Introduction

The past research on the subject has indicated that a small percentage of the legal issues faced by the disadvantaged low‐income U.S. inhabitants are able to get the appropriate legal  representation for the  protection of their rights as these population chunks are troubled due to legal entanglements in the cases of domestic violence, eviction, workplace or employment discrimination, deportation, foreclosure, termination of  medical assistance or subsistence income  for unlawful reasons, losing custody of their child and so on. According to the statistics hardly 20% cases in United States are addressed with the help of appropriate legal representation (Legal Services Corporation, 2009). In the case of the immigration proceedings as well as in the civil cases the US constitution does not make any provision for the right to counsel. However a presumption has been created by the  Supreme  Court  not to appoint counsel  in the  civil  cases involving the imbalance of physical  liberty for example, in the famous Turner  v. Rogers (2011)  case it refused to identify an appropriate category of right to counsel. This has resulted in the disparity in meeting the civil legal needs harming the rights of the minorities like women, racial and ethnic subgroups as well as the immigrants besides the other socioeconomically disadvantaged sections of population.  The present essay furnishes evidence to prove that “Law gives everyone equal access to justice” is certainly a myth.

Impact of monetary affluence

As one examines the expenditures incurred on the private court cases against the number of the publicly funded cases the gross deviances are evident. The government tends to rescue the interests of the poor by providing them the necessary funds to hire a lawyer at nominal cost for representing their cases adequately in the court but many times these funds/lawyers are not easily available to the poor people and hence they often have to resort to the self-representation of their cases. In cases where such a lawyer is available too, the problems do not end as the government lawyers have bleak chances of winning the cases owing to lack of professional knowledge as well as intrinsic motivation. The poor people who may not be at fault do not have access to the appropriate legal advice that can help them defend their case more strongly in courts thereby resulting in loss in their cases. The access to knowing the insights that can prove that they are on the right side of the law also comes with a cost to pay.

The independent research studies have shown that the earning of the single law firm that is catering to around one hundred clients runs to one billion US dollars approximately while the overall budget that has been reserved by the US federal government to cater to the population of around forty million poor citizens is around three hundred million dollars on an approximate, this reveals the disheartening facet of truth behind the above mentioned statement (Powell, 2000). The report published by Legal Services Corporation (LSC) in the year 1999 exhibited evidence that the government’s proportion of civil legal services accounted by the federal, state as well as local governments all together is extremely small (American Association of Law Libraries, 2014). The statistics reveal that the situation is being worse day by day. As one examines the data for the year 2000, it is shown that the overall expenditure incurred by the US government to provide civil legal services to the poor was approximately 600 million US dollars that was less than even one percent of the total expenditures made on lawyers in America in the same year, falling around 130 billion US dollars on an approximate (US Bureau Of The Census, 2000). This confirms the fact that there is surely a mismatch between the magnitude of government support required and the one that is actually furnished for the representation of lower class. In addition to this, the analysis of the trends across the lawyers appointed via the government legal aid system and the privately paid lawyers between the year 1993 and 2000 depicted a sharp decline of around 65% decline. These statistics yield sufficient evidence to show that the opportunity of equal law as granted by the 1948 General Assembly resolution 217 A (III) claiming that, “Everyone is equal  the eyes of the law” is restricted in scope (General Assembly resolution 217 A (III), 1948 ). The critics also put an argument lamenting that the lawyers appointed through government are sufficient enough to impart the provision of equal access to justice but at the same time it is important to see the quality of professional help this system is able to impart.

It is very much clear from the above facts that the amount of money being spent is surely making an adverse influence in the court room by shifting the balance towards the more powerful and here the power is also defined in terms of the affluence of the party in question.

Impact of education

As one examines the differences across the educated and the less-educated or uneducated segments of the society the validity of the above statement is jeopardized. It may be explained in terms of the better pay-offs for the educated segments in terms of their knowledge, social connections as well as ability to manipulate to represent the facts in their favor. The recent years have witnessed a large number of people resorting to the practice of self-representation of their cases owing to the enhanced civil access and opportunities of mediation thereby making education emerge as a prominent determining factor in influencing the accessibility to the law (Special Commitee on Accsess to Justice). It has been observed that poor people have restricted access to better education facilities owing to their low awareness, limited means, lack of interest in activities that are financially not lucrative and number of other factors (Parloff, 2000). This has also become a major barrier in denying them an access to justice in the same way as availed by the educated lots.

Another way which shows the impact of education on the fair accessibility to law and opportunity of justice is in the attitude and expertise of the lawyers appointed by the government and the ones who are private or corporate lawyers. There is a wide gap in the education, experience and the approach of the lawyers from these two domains (Garland, 1985). The career of the private lawyer is put at stake every time he/she is involved in case as the prospects of having future clients depend entirely on the word of mouth publicity that he/she will earn based on the success of the cases he/she was arguing. The more expert a lawyer is and the more likelihood he/she has for winning the cases owing to superior professional knowledge and vast experience, the more money he/she can charge for his/her advice as a commission. Thus such a lawyer will make an extra effort to win a case and the rewards for the hard working people are infinite. However, such zeal to win the case would not be present in the lawyers appointed by the government as they are not affected much in financial terms despite losing the case. This has led the private lawyers with a positive image and high credibility to charge exorbitant amounts as commission for their legal consultancy. This surely puts the people at a disadvantage against the qualified lawyers particularly if they themselves are not much educated. In cases that involve mediation where in both the parties are representing their own cases, the more educated party surely commands an advantage over the other (Robins, 2014).

This again proves that the accessibility to justice is again dependent upon the level of education which in turn depends upon the socioeconomic status of a person indicating the relevance of the above statement in all contexts is questionable.

Variations in Repercussions following legal punishment

The perspective offered by Marx establishes law in terms of two different orientations i.e. class specificity and its class character. According to the first orientation that perceives law with a class character considers it as a controlled instrument aimed at protecting the interests of the ruling or bourgeois class (Marx and Engels, 1948). Thus law in this perspective is based on capitalist economic relations. Marxian perspective laments that the poor are often sacrificed for legal tenets that are often shaped by class interests. He states that though the form of law is impartial but its content is partial; the rule of law is the same for everyone but its application to different classes is unequal, the substance of law being prejudiced to serve the interests of the bourgeois class. Though it is assumed that before law all are the same but our societal structure does not abide by this philosophy. Marxist theories of ideology exhibit that the use of the various legal ideals like the concepts of equality, freedom and justice reproduce uneven class relations reflecting class interests of dominant groups. The prison system as well as the other procedures to enforce law aim to deter people from exhibiting negative deviances from the acceptable norms, behavior and conduct (Johnson, 2002). However the impact of these punishments will not be the same for the different socio economic strata. It is very much possible for a rich person to restore to his normal routine activities after any imprisonment or punishment but the impact of the same on a poor person may be inevitable.  A poor person with a criminal background would find no takers to give him employment while a rich person will be given adequate support by his social connections owing to his status. For Weber, legal action and thought are linked with the rationalization process and its form is shaped by socioeconomic forces. He advocates the notion of substantive irrationality in justice where in the decisions are governed by individual cases on the basis of emotional evaluations arbitrarily not as per the general norm.

Conclusion

Thus summing up the arguments as discussed above it can be said that the various factors including the monetary affluence, the social connections as well as the education among the various other socioeconomic indicators tend to distort the validity of the statement that “Law gives everyone equal access to justice”. It is harsh but true that the law does not have a concern for the environmental factors that motivate the crime but weighs it against the evidences for crime only. In addition to this, the court also does not weigh the impact of the actions taken in the purview of the court room as they transcend into the realities of practical life for the situation for the already disadvantaged sections would be worse than before.

Bibliography

General Assembly resolution 217 A (III). (1948 , December 10). Retrieved from http://www.universalrights.net/main/decl_1.htm

Garland, D. (1985). Punishment and welfare: A history of penal strategies (p. 7). Aldershot: Gower.

Johnson, R. (2002). Hard time: Understanding and reforming the prison. Belmont, CA: Wadsworth.

Legal Services Corporation. (1999). Anual Report. Hereinafer LSC Annual Report.

LEGAL  SERVS.  CORP.,  Documenting  the  Justice  Gap  in  America:  The  Current  Unmet  Civil  Needs  of  Low  Income Americans  1  (2009)  Retrieved on 20 June 2015 from<

http://www.lsc.gov/sites/default/files/LSC/pdfs/documenting_the_justice_gap_in_america_2009.pdf. >

Lewis Powell, J. (n.d.). U.S. Supreme Court Justice.

Parloff, R. (2000). A flexible firm breaks the billion dollar barrier. AM Law., 88.

Turner  v.  Rogers,  131  S.  Ct.  2507  (2011)

U.S. Bureau Of The Census. (1993). U.S. Dep’t of Commerce, Statistical Abstract.

U.S. Bureau Of The Census. (2000). U.S. Dep’t of Commerce, Statistical Abstract.

### Project Title: Exploring the impact of Servant Leadership on Organizational Performance

Problem Statement: The present study aims to ascertain the role of SL style in influencing the firm’s performance. It is postulated that the impact of SL style is positive on firm’s performance. The study would employ quantitative research design based on a conceptual framework. The conceptual framework used in the study would be based on the extensive review of literature on the subject.

Annotated Bibliography

1. Smith, C. (2005). Servant leadership: The leadership theory of Robert K. Greenleaf. Management Information Organization.

The study by Smith (2005) has examined the basic tenets of the servant-leadership theory as proposed by Greenleaf way back in the year 1970. The study will be particularly useful in my research as it yields a theoretical framework that provide a review of the various attributes and values that have been exhibited by servant leaders and put up a case for the primary motivation and service-role as the significant traits of service leaders. It makes a cross comparison of servant leadership with transformational style of leadership to enhance the comprehension of the subject in great depth. The review also furnishes a fictional application of servant-leadership style in the context of an information organization yielding a formalization and substantiation to foster research in this direction further.

1. Schwepker, C. H., & Schultz, R. J. (2015). Influence of the ethical servant leader and ethical climate on customer value enhancing sales performance. Journal of Personal Selling & Sales Management, 35(2), 93-107.

The study by Schwepkra and Schultzb (2015) discusses servant leadership in conjugation with ethical leadership style, in the development of a caring ethical climate so as to ascertain their impact on the performance of the salesperson characterized by their value enhancing behavior as well as in extending these ethical notions to the customers. It also examines the impact of SL style in influencing the sales performance. The study emphasizes upon the growing use of sales ethics research and the emergence of the servant-leadership as a critical leadership style in recent years that has been impacting the level of ethics in an organization, the fit between person and organization, organizational commitment, the turnover intention as well as the creation of customer value. The study furnishes evidence of 279 salespeople from a business-to-business population.

1. Chen, Z., Zhu, J., & Zhou, M. (2015). How does a servant leader fuel the service fire? A multilevel model of servant leadership, individual self identity, group competition climate, and customer service performance. Journal of Applied Psychology, 100(2), 511.

The study by Chen et al. (2015) is a recent study that uses a multivariable model based on a social identity framework for explaining the impact of the SL style of managers on the service performance of the frontline employees. The study has enumerated the construct of service performance as a cross-level process composed of the service quality attributes, the customer-focused citizenship behavior as well as customer-oriented pro-social behavior. The study utilizes an empirical evidence of 238 hairstylists along with 470 customers compiled over thirty salons to ascertain the impact of the SL style of the salon managers on the service performance of the hairstylists. The study found that the self-identity of the hair stylists embedded in their group in terms of their group identification and self-efficacy served as a mediator, though partially in this relationship. In addition to this, the study yields significant evidence for the positive effect of group competition climate by strengthening the relationship across self-efficacy and service performance. The study is quite useful for comprehending interlinks between the various constructs entwined closely with SL style and in developing the conceptual framework for the present study.

1. Peterson, S. J., Galvin, B. M., & Lange, D. (2012). CEO servant leadership: Exploring executive characteristics and firm performance. Personnel Psychology, 65(3), 565-596.

The study by Peterson et al. (2012) yields an empirical evidence to establish the relationships between SL style of chief executive officers, their founder status, attributes like narcissism and construct of organizational identification with the performance of the firm. The study considers multi-period sample comprising of 126 CEOs working in reputed organizations dealing with technology to state that the association between CEO narcissism and SL style is negative while that between SL style and founder status was positive. In addition to this, organizational identification acted as a significant mediating variable in the relationship between SL style and narcissism and founder status. The study found that CEO SL style served as a significant predictor for firm performance enumerated in terms of ROA. The study will be particularly useful for augmenting the comprehension of predictors and consequences of SL style for the academicians, researchers and industry practitioners to deal with the issues of adverse or selfish leadership behaviors exhibited by executives utilizing the various advantages of SL style to attain organizational goals.

1. de Waal, A., & Sivro, M. (2012). The relation between servant leadership, organizational performance, and the high-performance organization framework.Journal of Leadership & Organizational Studies, 19(2), 173-190.

The study by de Waal and Sivro (2012) has also attempted to explore the evidence for the relationship between SL style and organizational performance based on the empirical evidence from the high-performing organizations. The study exhibits that the SL style tends to impact the several mediating variables positively thereby yielding an influence on organizational performance. The HPO framework used in the study utilizes a sample of 116 managers and employees to show the inconsistency of the role of SL in influencing organizational performance.

1. Parris, D. L., & Peachey, J. W. (2013). A systematic literature review of servant leadership theory in organizational contexts. Journal of business ethics, 113(3), 377-393.

The study examines the research pertaining to ethics, virtues, and morality related with SL style across various contexts, cultures, and themes through a systematic literature review of 39 studies to derive the assertions that there is no unanimously agreed definition of servant leadership and to trace the multiple measures used to study servant leadership. The study exhibits that SL style plays an instrumental role in improving the organizational well-being. The study is significant for the present research by yielding a better comprehension of SL theory.

1. Choudhary, A. I., Akhtar, S. A., & Zaheer, A. (2013). Impact of transformational and servant leadership on organizational performance: A comparative analysis.Journal of business ethics, 116(2), 433-440.

The study by Choudhary et al. (2013) makes a cross examination of the influence of two leadership styles namely SL style and transformational style on the outcomes defining the organizational performance on the basis of 155 subjects chosen from profit-oriented service sector in Pakistan. The study is quantitative in nature and analyzes the survey data using statistical software AMOS and SPSS. The findings of the study depict that the impact of transformational leadership on organizational learning is more significant than SL style, which in turn yields a positive influence on organizational performance. The study is useful to understand the link between leadership styles and organizational performance.

1. Barbuto, J. E., & Wheeler, D. W. (2006). Scale development and construct clarification of servant leadership. Group & Organization Management, 31(3), 300-326.

The study has identified eleven potential dimensions to enumerate servant leadership namely “calling, listening, empathy, healing, awareness, persuasion, conceptualization, foresight, stewardship, growth, and community building” using the confirmatory factor analysis procedure. These eleven dimensions eventually reduced to a set of five SL factors including “altruistic calling, emotional healing, persuasive mapping, wisdom, and organizational stewardship” showing strong associations with transformational leadership factors namely, “leader-member exchange, extra effort, satisfaction, and organizational effectiveness”. The study by Barbuto and Wheeler (2006) would help in the scale development for enumerating the construct of Servant Leadership in the present study.

Besides, there are two books that will also be referred for the study. These yield great insights for building the conceptual framework to be examined in the present study.

1. Liden, R. C., Panaccio, A., Meuser, J. D., Hu, J., & Wayne, S. (2014). 17 Servant Leadership: Antecedents, Processes, and Outcomes.The Oxford handbook of leadership and organizations, 357.
2. Panaccio, A., Donia, M., Saint-Michel, S., & Liden, R. C. (2015). 16. Servant leadership and wellbeing.Flourishing in Life, Work and Careers: Individual Wellbeing and Career Experiences, 334

References

Barbuto, J. E., & Wheeler, D. W. (2006). Scale development and construct clarification of servant leadership. Group & Organization Management, 31(3), 300-326.

Chen, Z., Zhu, J., & Zhou, M. (2015). How does a servant leader fuel the service fire? A multilevel model of servant leadership, individual self identity, group competition climate, and customer service performance. Journal of Applied Psychology, 100(2), 511.

Choudhary, A. I., Akhtar, S. A., & Zaheer, A. (2013). Impact of transformational and servant leadership on organizational performance: A comparative analysis.Journal of business ethics, 116(2), 433-440.

de Waal, A., & Sivro, M. (2012). The relation between servant leadership, organizational performance, and the high-performance organization framework.Journal of Leadership & Organizational Studies, 19(2), 173-190.

Liden, R. C., Panaccio, A., Meuser, J. D., Hu, J., & Wayne, S. (2014). 17 Servant Leadership: Antecedents, Processes, and Outcomes. The Oxford handbook of leadership and organizations, 357.

Panaccio, A., Donia, M., Saint-Michel, S., & Liden, R. C. (2015). 16. Servant leadership and wellbeing. Flourishing in Life, Work and Careers: Individual Wellbeing and Career Experiences, 334

Parris, D. L., & Peachey, J. W. (2013). A systematic literature review of servant leadership theory in organizational contexts. Journal of business ethics, 113(3), 377-393.

Peterson, S. J., Galvin, B. M., & Lange, D. (2012). CEO servant leadership: Exploring executive characteristics and firm performance. Personnel Psychology, 65(3), 565-596.

Schwepker, C. H., & Schultz, R. J. (2015). Influence of the ethical servant leader and ethical climate on customer value enhancing sales performance. Journal of Personal Selling & Sales Management, 35(2), 93-107.

Smith, C. (2005). Servant leadership: The leadership theory of Robert K. Greenleaf. Management Information Organization.