Showing posts with label Legalism. Show all posts
Showing posts with label Legalism. Show all posts

Saturday, February 18, 2012

Education Law - 10 Things You Didn't Know

Just like in the commercial world, the education sector is bound by laws and regulations. Schools, Colleges, University and other educational establishments are increasing having to rely on legal assistance in order to ensure that the law is adhered to, and to settle disputes.
Education Law solicitors can advise on all legal issues that affect the education sector. Here are 10 of the common issues that Education Law covers.
1. Generating Income
Schools and other educational establishments are looking at different ways to create more income. By complying with education laws, income, and return on investment can be maximised.
2. Compliance
Educational establishments need to comply with discrimination laws and other workers' and pupils' rights. Staff and pupils shouldn't be discriminated against because of their gender, age, skin colour, race, religious beliefs, and sexuality, or for any other reason.
3. Special Eduational Needs
Schools that teach pupils with Special Educational Needs need to ensure that they are fully compliant with the relevant laws. Sometimes there are appeals and tribunals.  And experienced Education Law professional can help either side to ensure that their voice is heard.
4. Grants and Loans
Some schools are fee paying schools, and so contracts will need to created and amended as necessary. In addition, grants and scholarships will need to be distributed evenly, and fairly. If there are any complaints or discrepancies, and Education Law solicitor will be able to help.
5. Interaction with the Private Sector
The education sector is looking at more ways of working with businesses, so that students and graduates have the relevant skills that businesses need. Education Laws ensure that the pupils are not exploited or undervalued.
6. Pupil Behaviour
Pupil behaviour has been increasingly in the news recently, and not always for the right reasons. From truancy to violence in the classroom, Education Law solicitors can advise either party to help achieve a suitable outcome.
7. Intellectual Property Rights
Computer and other technical work is more prevalent in schools and colleges nowadays, and the issue of Intellectual Property is increasingly important. Education Law can help advise on the legalities of work produced at school.
8. Students and Admissions
Popular schools, colleges and universities are often oversubscribed. This often leads to unhappy parents and pupils. Education Law can help ensure that all policies and procedures are followed properly, and that those who have not been admitted haven't been discriminated against.
9. Land and Property
School, Colleges and Universities are increasingly either in need of more land and property, or trying to sell off unused land or property. Education Law makes sure that the acquisition or disposal of land and property is done properly.
10. Accidents at School
Unfortunately accidents at school do happen, and these can sometimes be serious. Pupils and staff have a right to expect that the school buildings and equipment is safe, and there could be grounds for compensation. Accidents whilst at school could include any slips or trips in the playground, or on the sports pitch, as well as incidents in the chemistry laboratory or on a geography field trip. Education Law solicitors help to ensure that cases are dealt with properly.

Monday, October 17, 2011

Legalism Creates Lawbreakers, Not Resourceful Citizens

Rather than educating and cultivating the people, or allowing the "hawkers" of particular theories to create particular desires to indoctrinate the people the sage ruler trusts the people's ability if they are provided with the two concerns of government: food and health. Hawkers, scholars representing themselves as having true knowledge of the Way, are to be kept "at bay," seemingly from both the people and the ruler. In other chapters, the sage ruler of the Daoist state places himself below the common people so that they uphold him, yet do not find him burdensome; he puts his concern behind that of the people so that their way is not blocked, and they regard him as harmless. In his refusal to contend, no one contends with him. This model of governing places authority in the ruler's potential or possibility, which allows space for the heart of the people and so unites the sage ruler and the people. As Hans-Georg Moeller writes, "The sage-ruler takes on the place of emptiness or non-presence while Shoes Online the people take on the place of fullness or presence". The Daodejing imagines an agrarian Utopia where the farmers' bellies are full and they need not struggle.

The Daodejing also addresses the deformities of Legalism, offering a wonderful tautology: that the more laws, the more lawbreakers. Still, more than through any particular skirmish, it responds to Legalism through its radical emphasis on the failure of human striving, defining, and controlling. As soon as humans know beauty, they know ugliness, for being and non-being entail each other. As much as a Legalist might want the laws to rule, and as much as a Confucian might want ren to be cultivated, their privileged concept entails the opposite; and the possibility of the opposition, however repressed, never disappears. Eighty-one chapters on diversity in themselves are a response to those seeking stability. How might the refusal of Cheap Shoes struggle and control, deliberation, and persuasion be useful to a ruler How are the various lacks, binaries, and tautologies of Daoism persuasive Unlike the reverence for tradition and self-cultivation that the Analects requires of the ruler, unlike Legalism's sterile set of laws, the Daodejing offers a corrective vision of how a state might work. Rather than ask for a leader's constant, striving presence committed to a particular virtue, the vision is persuasive in that it argues for opening up possibilities by refusing Confucian nostalgia and Legalism's external controls. In its offering of future potentials, the Daodejing engages Otherness. It opens up the possibility of difference in the natural order and, in doing so, recognizes the ruler and the people as capable of finding their way through time. Its optimism about human potential contrasts with its caustic attack on Confucian tradition, simply "hawks" "veneer." Legalism, on the other hand, creates lawbreakers, not resourceful citizens.

The Daodejing's innate ambiguities and openness acknowledge the gulf between human beings and demonstrate the natural bridging that humans do through interpretation. Perhaps the Daodejing does not offer a handbook to an emperor, but it offers a corrective response to the rules and strivings toward stability of Confucianism and Legalism. It does this in its acknowledgment of diverse meaning and of the human willingness to interpret and discuss paradox and radical ambiguity. Further, the Daodejing offers more than the tolerance of diversity; after all, tolerance, too much like pity, comes from a place of privilege. One can tolerate only if one has the choice not to tolerate, not to engage, not to acknowledge. Instead, the Daodejing aims at radical equality and openness to organic change and possibility: the high might be low; what is sound harmonizes with silence. The strivings of persuasion are not significant in a world of constant shifts, gaps, and absences. What difference is there between yes and no? And paradoxically implied in this last question, what point is there to naming, dialogue, or persuasion