Saturday, December 28, 2019
Definition of Idiographic and Nomothetic
Idiographic and nomothetic methods represent two different approaches to understanding social life. An idiographic method focuses on individual cases or events. Ethnographers, for example, observe the minute details of everyday life to construct an overall portrait of a specific group of people or community. A nomothetic method, on the other hand, seeks to produce general statements that account for larger social patterns, which form the context of single events, individual behaviors, and experience. Sociologists who practice nomothetic research are likely to work with large survey data sets or other forms of statistical data and to conduct quantitative statistical analysis as their method of study. Key Takeaways: Idiographic and Nomothetic Research The nomothetic approach involves trying to make generalizations about the world and understand large-scale social patterns.The idiographic approach involves trying to uncover a great deal of detailed information about a narrower subject of study.Sociologists can combine both idiographic and nomothetic approaches to develop a more comprehensive understanding of society. Historical Background Nineteenth century German philosopher Wilhelm Windelband, a neo-Kantian, introduced these terms and defined their distinctions. Windelband used nomothetic to describe an approach to producing knowledge that seeks to make large-scale generalizations. This approach is common in the natural sciences and is considered by many to be the true paradigm and goal of the scientific approach. With a nomothetic approach, one conducts careful and systemic observation and experimentation to derive results that can be applied more broadly outside the realm of study. We might think of them as scientific laws or general truths that have come from social science research. In fact, we can see this approach present in the work of early German sociologist Max Weber, who wrote about the processes of creating ideal types and concepts meant to serve as general rules. On the other hand, an idiographic approach is one that is specifically focused on a particular case, place, or phenomenon. This approach is designed to derive meanings particular to the research target, and it is not necessarily designed for extrapolating generalizations. Application in Sociology Sociology is a discipline that bridges and combines these two approaches, which is akin toà the disciplines important micro/macro distinction. Sociologists study the relationships between people and society, both at the micro and macro level. People and their everyday interactions and experiences make up the micro. The macro consists of the larger patterns, trends, and social structures that make up society. In this sense, the idiographic approach often focuses on the micro, while the nomothetic approach is used to understand the macro. Methodologically speaking, this means that these two different approaches to conducting social science research also often fall along the qualitative/quantitative divide. One would typically use qualitative methods like ethnographic research, participant observation, interviews, and focus groups to conduct idiographic research. Quantitative methods such as large-scale surveys and statistical analysis of demographic or historical data would be used to conduct nomothetic research. However, many sociologists believe that the best research will combine both nomothetic and idiographic approaches, as well as both quantitative and qualitative research methods. Doing so is effective because it allows for a deep understanding of how large-scale social forces, trends, and problems influence the everyday lives of individual people. For example, if one wanted to develop a robust understanding of the many and varied effects of racismà on Black people, one would be wise to take a nomothetic approach to studying the prevalence of police killings and the health impacts of structural inequalities, among other things that can be quantified and measured in large number. But one would also be wise to conduct ethnography and interviews to understand the experiential realities and effects of living in a racist society, from the standpoint of those who experience it. Similarly, if one were conducting a sociological study of gender bias, one could combine both nomothetic and idiographic approaches. A nomothetic approach could include gathering statistics, such as the number of women in political office or data on the gender pay gap. However, researchers would be wise to also talk to women (for example, through interviews or focus groups) about their own experiences with sexism and discrimination. In other words, by combining statistics with information about the lived experiences of individuals, sociologists can develop a more comprehensive understanding of topics such as racism and sexism. Updatedà by Nicki Lisa Cole, Ph.D.
Friday, December 20, 2019
Obesity Is More Common Than One May Expect - 868 Words
In America obesity is more common than one may expect. In America more than 78.6 million of adults are obese. The conditions of obesity include heart disease, stroke, type two diabetes and certain types of cancer. In America the estimated annual medical cost of obesity in the was $147 billion; the medical costs for people who are obese were $ 1,429 higher than those of normal weight. Throughout the United States, the nationality with the highest rate of obesity is African Americans at 47.8%, then followed by Hispanics at 42.5%, then Caucasians or Whites with 32..6%, and finally Asians with 10.8%. Obesity is higher among middle age adults than younger adults and adults over 60 and above. Those who have higher incomes are more likely to have obesity than those with low income (cdc.org). The reason why people are actually obese is by having too much body fat. To measure if a person is obese or not is by the most commonly used measure of weight status today the body mass index, or BMI . As in adults, obesity is a growing problem for children and adolescents. The reason why is that children grow at different rates depending on their age and gender. As well obesity in children and adolescents is defined differently from the obesity in adults. In the United States, also obesity is based on the standard growth charts developed by the Centers for Disease Control and Prevention. Another type of obesity is Abdominal Obesity, which is the excess fat around the middle and is measuredShow MoreRelatedSchool Lunches Should Be Mandatory Children1468 Words à |à 6 Pagesacademic scores, and the chances of developing obesity, and other serious health problems such as heart disease, diabetes, and high blood pressure decreases. The schoolââ¬â¢s main goal should always be to help every child meet the academic standards. Therefore, schools should provide children with the best resources. A key component is to ensure that children are eating a well balanced breakfast, and lunch while in school. Healthy school lunches are even more important for children who come from low-incomeRead MoreObesity : A Common Disorder Essay982 Words à |à 4 PagesObesity is defined as being grossly fat or overweight. Itââ¬â¢s a common disorder involving excessive body fat that increases the risk of health problems. Obesity is also a chronic disease that can have a negative effect on many systems in your body. It is classified as having a Body Mass Index(BMI) of 30 or greater. This condition is very common and usually self treatable rather you choose to diet or exercises which are great strategies for losing weight. Obesity increases your risk of developing relatedRead MoreObesity s Effect On Sex Essay1623 Words à |à 7 PagesObesity s Effect On Sex Image retrieved from http://panarchy-sj.com/wp-content/uploads/2016/01/low-sex-drive-woman.jpg (Imaged retrieved from ) According to the CDC website the percentage of adults at the age of 20 with obesity in the United States is 37.% from the years 2013-2014 but the percentage of adults 20 years and older with overweight and obesity is a staggering 70.7% of the United States. In women obesity was rated higher with 38.3% than in men with a 34.3% of the population fromRead MoreObesity : The Obesity Epidemic1509 Words à |à 7 PagesThe Obesity Epidemic What is obesity? According to the Health Reference Center Academic, ââ¬Å"Obesity is a clinical condition characterized by an excess of body fatâ⬠. Obesity causes serious and life-threatening diseases. Obesity can be calculated using the BMI or Body mass index. The higher the BMI the more obese a person is considered. More than 1 third of the population in the US is obese. Medical costs for treating obesity were estimated at $147 billion in 2008. Non-Hispanic black and Mexican AmericanRead MoreChildhood Obesity And Its Effects On The American Culture982 Words à |à 4 PagesChildhood obesity is an important issue in the American culture because of the staggering results that this disease has reached in the past years. Certain gene factors connected with the change of culture and lifestyle has produced kids and adults who are now not as healthy as most people were just a few decades ago. The widespread of obesity has been the biggest result of these specific changes. This was a great topic to research, considering I have worked with children before in sports and otherRead MoreNegative Effects of Technology on Children1580 Words à |à 7 PagesFoundation, which adds up to 75 hours a week! These statistics are not just mere numbers; they are a reflection of the way our society is heading. There is a direct correlation of amount of hours spent with gadgets and obesity, poor grades, impatience, violence, and a loss of family interest. Obesity According to the Center for Disease Control and Prevention in a study in 2004, 16% of children (over 9 million) that are between the ages of 6 -19 years old are overweight or obese, a number that has tripled sinceRead MoreThe Causes Of Obesity And Obesity1519 Words à |à 7 PagesAaron Heiden Robert S. Pilsner WR 121 17 March 2013 The Causes of Obesity Many people speculate that obesity is genetic, but is it? Is childhood obesity caused by a lack of exercise, an unhealthy diet, or both? Obese people, or more commonly referred to as fat people or overweight people, are defined as adults whoââ¬â¢s BMI (body mass index) is over 30 percent. There have always been overweight people in human society, but the rate of growth for this percentage of our population has been steadily risingRead MoreThe Documentary Fed Up Essay1224 Words à |à 5 Pagesas mentioned in Fed Up, that there will be more deaths caused directly or indirectly by obesity than by starvation. The documentary Fed Up focuses on the terrifying issue that plagues the United States and the world: obesity. It delves into the components that contribute to this menacing epidemic that only continues to get worse. The documentary builds on the stories of four young American children from all over the country that are severely obese. One of the kids, at 14 years of age, weigh s overRead MorePosition Paper1486 Words à |à 6 Pages Parents to Take Responsibility for Childhood Obesity A Position Paper Cassandra Eisengart Waynesburg University Purpose The purpose of this statement is to express my position in regards to the ongoing issue in America of childhood obesity and whether or not parents are to blame for this ongoing trend. Statement of Position As a nurse, I take the position that parents are to be blamed for childhood obesity and it is our nationââ¬â¢s responsibility, particularly as healthcareRead MoreObesity : The Obesity Epidemic1711 Words à |à 7 PagesThe obesity epidemic has now become one of the most pressing issues of our time. In fact, the World Health Organization (WHO) said ââ¬Å"...obesity has more than doubled worldwide since 1980. In 2014, more than 1.9 billion adults (39 percent of Earthââ¬â¢s adult population) were overweight. That includes 600 million who were obeseâ⬠(Kiener 2015). In the United States, slightly more than one third of adults are obese (FRAC 2016), and obesity-related deaths make up 18% of all deaths, which is now more than three
Thursday, December 12, 2019
The Life of William Shakespeare Essay Example For Students
The Life of William Shakespeare Essay The Life of William ShakespeareWilliam Shakespeare was one of the greatest dramatist of his time. Shakespeare was born on April 23,1564 in Stratford-on-Avon. John Shakespeare, Williams father, trained as a glove maker. In addition to his glove making he also traded as a wool dealer and held many official positions such as: mayor, town council men and Justice of Peace. While Williams father was financially supporting the family, his wife, Mary stayed at home and tended to eight children including William. During the 1500s Shakespeare attended Stratford Grammar School. While attending school he studied written classics in Latin and Greek. The classical writers that William studied in school inspired him to write some of his now famous plays and poetry. After finishing school at age 18 he married a woman named Anne Hathaway who was the daughter of Richard Hathaway, a local farmer. Her home known as Hathaways Cottage, is still in the village of Shottery, which is a mile away from Stratford. They were married on November 27,1582 and at that time Anne was twenty-six years old. They had their first daughter on May 26,1583. Her name was Susana. Susana was baptised on the twenty-sixth of May in the year of 1583. In 1585 Anne gave birth to a set of twin girls named, Judith and Hamnet. Hamnet soon passed away in 1596 at a mere age of eleven. To this day we still do not know when or why William Shakespeare left his home town, Stratford, for London. There are many various stories and traditions about his so called ââ¬Å"Hidden Years,â⬠between the years of 1585 and 1592, a period of time in which there is no evidence of his life. One tale tells how he was caught poaching a deer in Charlecote Prak, near Stratford, and went off to London to avoid prosecution. A common tradition suspects that Shakespeare was a schoolmaster for some years. When Shakespeare was growing up, drama was a significant part of his home town social life. Often local people put on amateur shows, the town was regularly by London-based companies of actors and William may have joined one of them. He probably arrived in London around 1586/7. During the hidden years of Shakespeare man people concluded that he was running from the law or was suspected to be a school teacher. Evidence about Shakespeare was found he established himself a actor. He began to write many plays. During his acting career he wrote two long poems titled ââ¬Å"Venus and Adonisâ⬠and ââ¬Å"Rape of Lucrece.â⬠Shakespeares plays were performed in ââ¬Å"Lord Chamberlines Men,â⬠which later became known as ââ¬Å"The Kings Men.â⬠In 1599 the Lord Chamberlains Men, the acting company that Shakespeare was involved in, built a new theater, called the Globe. Loca ted on the South Bank of the Thames, in the suburb of Southwark. This theater was most closely associated with Williams plays. Henry V and Julious Ceaser, two of Shakespeares plays were almost certainly written during the year in which the Globe opened. While a Henry VIII was being performed in 1613, a fire broke out in the theater and destroyed the Globe. It was rebuilt the following year though. We will write a custom essay on The Life of William Shakespeare specifically for you for only $16.38 $13.9/page Order now Drama was a nation-wide activity in Shakespeares time but only in London were the buildings designed specifically for performing plays. Most public theatres were tall, roughly circular structures, open to the sky, with a cover over part of the stage and a roof running around the edge to protect the galleries. Performances took place in the afternoons, with the actors playing on a raised stage which projected halfway into the theatre. All the womens roles were performed by boys. The audience, which either stood in the yard around the stage or sat in the galleries, represented a wide social mix of people. Shakespeares oldest daughter, Susanna, married John Hall a Startford physician, in 1607, and gave birth to a daughter, Elizabeth, the following year. Shakespeares other daughter, Judith, married Thomas Quiney, a Stratford vintner, in 1616. (Shakespeares son Hamnet, twin brother to Judith, had died in 1596, at the age of eleven.)Shakespeare had multiple sources of income. A few example s of these sources are: an actor, director, and a writer. He was a very wealthy man. Shakespeare retired in 1611 and completed a will in 1616. William pasted away on April 23, 1616 of an unknown cause. He was 52 years old at the time. He was buried on April 25, 1616, two days after his death, Shakespeare was buried at the Holy trinity Church. A short time after being buried his family put up a monument to him on the wall close to his grave. In Shakespeares time, after the graveyard was full they would dig ones corpse up and burn the persons bones in a huge fireplace. Some people would strip the corpse after the burial. Shakespeare hated this type of treatment so he wrote his own epitaph:ââ¬Å"Good friends, for Jesus sake forbear,to dig the bones enclosed here!Blest be the man that spares these stones,and curst be he that moves my bones.â⬠At this time a lot of people were superstitious so no one ever moved or bothered his corpse. A while ago, a few people wanted to dig him up a nd make sure that the person buried there was truly William Shakespeare. However, the government wouldnt allow it. .uffa145ec2796bc19a9a02821902ff56e , .uffa145ec2796bc19a9a02821902ff56e .postImageUrl , .uffa145ec2796bc19a9a02821902ff56e .centered-text-area { min-height: 80px; position: relative; } .uffa145ec2796bc19a9a02821902ff56e , .uffa145ec2796bc19a9a02821902ff56e:hover , .uffa145ec2796bc19a9a02821902ff56e:visited , .uffa145ec2796bc19a9a02821902ff56e:active { border:0!important; } .uffa145ec2796bc19a9a02821902ff56e .clearfix:after { content: ""; display: table; clear: both; } .uffa145ec2796bc19a9a02821902ff56e { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uffa145ec2796bc19a9a02821902ff56e:active , .uffa145ec2796bc19a9a02821902ff56e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uffa145ec2796bc19a9a02821902ff56e .centered-text-area { width: 100%; position: relative ; } .uffa145ec2796bc19a9a02821902ff56e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uffa145ec2796bc19a9a02821902ff56e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uffa145ec2796bc19a9a02821902ff56e .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uffa145ec2796bc19a9a02821902ff56e:hover .ctaButton { background-color: #34495E!important; } .uffa145ec2796bc19a9a02821902ff56e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uffa145ec2796bc19a9a02821902ff56e .uffa145ec2796bc19a9a02821902ff56e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uffa145ec2796bc19a9a02821902ff56e:after { content: ""; display: block; clear: both; } READ: Jesus Argumentative EssayHis widow, Anne, passed away shortly after William in the year of 1623 of an unknown cause. She was buried beside him. William Shakespeares family line came to an end with the death of his grand-daughter, Elizabeth in 1670. In 1623, 7 years after his death, Shakespeares first folio was published. It included: 154 sonnets, 37 plays, and 2 long poems.Many of his plays are famous and are studied by many students today.
Wednesday, December 4, 2019
What is the Purpose of Alternative Dispute Resolution (ADR)- Free Solu
Question: Evaluate the purpose of Alternative Dispute Resolution (ADR) and, with particular reference to the services provided by ACAS, assess to what extent it is a successful means of resolving disputes outside the formal judicial process? Answer: Alternative dispute resolution (ADR) is the term that is used for describing the methods through which a dispute can be resolved without recourse to litigation. These methods include mediation, arbitration, conciliation, expert evaluation and ombudsmen. In this way, the ADR methods allow the parties to resolve their disputes without going to the court and involving in litigation. Due to this reason, these methods are known as alternative dispute resolution methods (Bradley and Ewing, 2008). The use of ADR methods has increased significantly among the parties because these methods provide a cost-effective and faster way to resolve a dispute. Another thing that needs to be mentioned in this regard is that these methods are not adversarial in nature. Similarly the resolution of the dispute that has been achieved by using ADR methods is more satisfying for the parties because both the parties are involved in arriving at the solution. As compared to litigation, the ADR methods provide muc h more flexibility to the parties. In most of the cases, the ADL methods are used for resolving disputes that are for civil nature like a family dispute or a dispute among the neighbours. As a result of the significant advantages provided by these methods, ADR methods are also increasingly being used for resolving commercial disputes (Carey, 2007). The same can also be said in case of employment disputes as ADR methods are being preferred to resolve disputes between employees and employers. At the same time, considerable pressure has also been placed by the policymakers to increase the use of ADR methods for resolving disputes of different natures. However at this point it needs to be noted that although the use of India and methods as increased significantly but there are certain methods like mediation that are not being used frequently in case of employment disputes especially in the organizations of the private sector (Cornes, 2008). In this regard, when the number of commercial disputes that are resolved with the help of ADR methods is considered, it becomes apparent that some of these methods are not being used much, particularly by small and medium enterprises. As a result the focus of the efforts aimed at increasing the use of ADR methods should be on these enterprises. It has also been seen that in case of small and medium enterprises, there is a tendency to terminate the employment relationship completely and as a result, efforts are not made to repair these re lationships. On the other hand, in case of larger organizations, there are internal ADR processes present that can be used for resolving disputes with the employees without terminating the employment relationship completely. In case of employment disputes, a significant role has been played by the Advisory, Conciliation and Arbitration Service (Acas). This government body is trying to improve working life and employment relationships by promoting strong industrial relations practices. In order to achieve this purpose, several different methods are used by Acas like arbitration and mediation (Kressel, 2006). However, Acas has received much attention for the collective conciliation functions that have been performed by it. In such a case, the disputes that arise between a group of employees and their employer resolved. Generally in such a case, the employees for the workers are represented by a trade union. Although Acas has been established by the government in 1974 however a conciliation and arbitration function had been set up by the government in 1896 and the Board of trade delivered it (Conway, 2009). However, Acas achieved popularity as a result of the role played by it in resolving some of the high-profile disputes that were of a collective nature. However, it needs to be noted in this regard that a much wider role is played by Acas and it deals with various aspects related with resolving disputes and their prevention. At the same time, in order to describe all third-party interventions, generally the term mediation is used however a distinction is made by Acas in various methods of media like mediation, arbitration and conciliation. For achieving its objectives, Acas works for improving the employment relationships. It helps the employers in acquiring the skills required to develop and apply the procedures that can help in sustaining employment relationships even if a high conflict situation has arisen. In the current business scenario, a large number of small and medium firms are emerging in the country. Therefore, it may not be economically viable to involve third parties in resolving all the disputes that may arise in case of such firms (Allen, 2008). Therefore, the significance of introducing ADR processes increases considerably, particularly when the conflict is at its early stage. In this way, if the ADR processes are introduced at an early stage, the conflict can be controlled from taking the form of a deep-rooted dispute. It is very important to prevent the dispute from escalating because in such a case, the distance between the parties may increase so much that it may be very difficult for the parties t o come together later on. Therefore, ground should be prepared for the use of direct ADR services by the medium and large firms also as there are a number of large organizations where mediators are present and they step in at the early stage of a conflict within the organization. Due to the reason that Acas is an independent body, it does not take the side of any particular party to the dispute but only helps the parties in arriving at a suitable solution. While the earlier large-scale industrial disputes that were present during the 1970s and 80s are not faced these days, Acas focuses on helping the businesses in preventing the disputes at workplace and also preventing these disputes from escalating. In this regard, a telephone helpline has also been provided by the Acas. At the same time, Acas also provides training sessions to the employers so that they can effectively handle disputes and prevent them from escalating. Acas also focuses on the individual complaints that are made before the employment tribunals and provides consultation services in such cases. The main objective of Acas in future is to ensure that good employment relationships are maintained that the workplace and at the same time, there are certain short-term objectives also like reducing the number of cases filed in the employment tribunals. For achieving this objective, Acas lays much emphasis on promoting the use of ADR methods are the early stage of a conflict that has arisen at the workplace. By adopting such an approach, the dispute can be prevented from taking the shape of a large-scale conflict. The parties are also required to be made aware of the wide range of ADR processes that can be used for resolving the disputes. In this way, Acas plays a significant role in helping the parties in resolving their disputes without taking recourse to litigation. II. Due to the reason that the European law is applicable in the United Kingdom, it has a considerable impact on the legal system of the UK. In this regard, it has been mentioned in section 2, European Communities Act, 1972 that all the acts that are a result of the treaties need to be enforced by the UK courts. In the same way, it has been required by section 2(4) of this legislation that the UK courts are required to interpret and give effect to the national law by keeping in mind the principle that the EU law enjoys supremacy over the domestic law of the UK. The result of these provisions is that in case of a conflict between the law of the UK and the EU law, the courts in UK have to prefer the EU law. It also needs to be noted in this regard that the European Union law is treated as a part of national law of each member state. This is true in case of the UK also. At the same time, while dealing with this question, it has also been mentioned by the European Court of Justice that in case of a conflict between the EU law and the national law of a Member State, preference needs to be given to the European Union law. It has also been provided by the European Communities Act in section 3 that the interpretation of legislation and treaties of the European Community is a question of law and therefore the European Court of Justice has the power to interpret this question. As a result of the question needs to be decided by the courts in the UK, it has to be decided by the national courts of UK, keeping in mind the decisions that have been given by the ECJ. As mentioned above, the EU law is considered as a part of the domestic law of all the Member States of the European Union. This is true in case of the United Kingdom also. In the same way, in the decision given in Costa v Ente Nazionale per l'Energia Elettrica (ENEL), 1964, the European Court of Justice has clearly stated that in case of a conflict between the Community law and the national law of a Member State, the community law shall prevail. At the same time, keeping in view the provisions of section 3, European Communities Act, the national force in the United Kingdom have to interpret the matters dealing with community law according to the relevant decisions of the European Court of Justice. Therefore the opinion of the ECJ HAS to be considered by the national courts in UK while deciding a matter. Similarly, it also provides for a duty of the Parliament of UK and a power given to the courts in United Kingdom that they are required to help UK in fulfilling its Treaty obligations. As a result, the Parliament of the UK intends that the national courts should apply Community law in case there is a conflict between an act of the Parliament and the Community law. Therefore, there is no doubt that a duty has been imposed on the national courts of the United Kingdom that they are required to do for the Community law if there is a conflict between such law and the domestic law. This duty has been imposed on the national courts by the European Communities Act. At the same time, it has also been provided by the European Community Treaty in article 220 that the national courts of member states are required to fulfill this obligation while applying or interpreting the Treaty (Turpin and Tomkins, 2000). Similarly the ECJ is also stated as the judicial arm of the EU. Therefore, in all the ma tters related with Community law, the judgments of ECJ have to be preferred over the judgments of the UK courts regarding such matters. At the same time, the European Community Treaty also provides in article 234 a preliminary ruling can also be applied by the national courts before the ECJ regarding a particular point of Community law before the case is decided by the domestic courts. As a result, in some cases, the judge of a court in UK may disapply the provisions of the domestic law of UK for the purpose of preferring community law over the domestic law of UK and also in accordance with the doctrine of direct applicability. It has been clearly mentioned by the European Communities Act that all the laws enacted by the UK Parliament need to be applied and construed according to the provisions of Community law applicable in this regard. As a result of these provisions, it is important that the UK national law needs to be integrated with the EU law. Similarly, the EU law should be given effect in view of the provisions according to which, the EU law enjoys supremacy over the domestic law of the Member States. As a result of this position of law, now the EU law has to be given preference over all the sources of domestic law. For example, in R v Secretary of State for Transport, ex parte Factortame (No. 2) [1991] AC 603, the case went to the ECJ from the House of Lords. It has been clearly stated by the European Court of Justice in this case that the domestic courts of United Kingdom have to apply the EU law that is directly effective, in case there is a conflict between the domestic law of UK and EU law. In this case, some parts of the Merchant Shipping Act have been struck down by the House of Lords as these provisions were considered to be in conflict with the provisions of the Treaty of Rome. This case was the first case in which the British judges have overturned a statute. At the same time, this case is also significant as a result of the fact that in this case, the European Court of Justice clearly stated that if the provisions of the national law are contrary to the provisions of th e European Union law, the national courts should ignore the provisions of the domestic law. The position was further clarified by the European Court of Justice and the supremacy of EU law over the domestic laws of member states was further reiterated by the decision of the European Court of Justice in Costa v ENEL (1964). The result of these decisions is that in case there is a conflict between the community law and the national law, a defense of reliance on EU law is present as discussed in Pubblico Ministero v Ratti Case (1974). As a result of the legal provisions and the decisions of the European Court of Justice mentioned above, it can be stated that in case there is a conflict between the domestic law of a member State and community law, the national courts are required to light the EU law. As a result, in the present case it can be said that in case of a conflict between the UK law and the Community law, the UK courts are required to give preference to the provisions of the Community law over the national law of the United Kingdom. References Bradley, A Ewing, K 2008, Constitutional and Administrative Law, Longman Carey (2007) Is a Mediation Privilege on the Horizon? 14(5) CLP 102 Allen, 2008, Peering behind the veil of mediation confidentiality, a new judicial move in Malmesbury v Strutt and Parker Conway (2009) Recent Developments in Irish Commercial Mediation: Part I 27ILT 43 Cornes (2008) Mediation Privilege and the EU Directive: An Opportunity? 74, Arbitration 4 Kressel, K. (2006). Mediation revisited, in M. Deutsch and P. Coleman, The Handbook of Constructive Conflict Resolution: Theory and Practice, San Francisco: Jossey Bass. Turpin, Colin Tomkins, Adam 2000, British Government and the Constitution (Cambridge University Press Case Law R v Secretary of State for the Environment ex parte Factortame (No. 2) [1991] 1 AC 603 Costa v Ente Nazionale per l'Energia Elettrica (ENEL) [1964] C.M.L.R. 425 Pubblico Ministero v Ratti (Case 148/78) [1979] ECR 1629 Legislation Section 2(1) European Communities Act, 1972 Section 2(4) European Communities Act, 1972 Article 220, European Community Treaty Article 234, European Community Treaty
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