Adverse Possession: Law and Effect

Adverse Possession: Law and Effect Rebecca McKittrick To adequately address the controversy between whether or not adverse possession in England/Wales and positive prescription in Scotland are similar in effect, the law in both jurisdictions must first be discussed. Only then can the effects of same can be established and compared. When a property owner fails (within a specified time frame) to evict a squatter[1] from their property their title is extinguished, as a result they cannot recover possession. This is the essence of the doctrine of adverse possession. Adverse possession is by no means a novel or modern idea. Traces of this doctrine can be found back as far as Roman law with uscapio and longi temporis praescriptio, with common law roots dating to the feudal times.[2] As with all law, it has evolved and advanced through the use of both statute and case law. Thus a doctrine permitting the acquisition of ones land by another has long since been created. Perhaps one of the most interesting aspects of this doctrine is the rationale behind it. One such notion is that there is a pragmatic expectation that any property owner will assert their title against any and all intruders.[3] The argument goes that if property owners fail to affirm their rights against the trespasser then they are not a responsible owner, thus are not entitled to own the property. This echoes the legal maxim vigilantibus ton dormientibus lex succrit the law will only assist those who remain alert, not those who sleep. Additionally the policy considerations[4], the quieting of title[5], are adhered to. Some commentators have noted that this doctrine mutates a squatters initial wrong (theft) into an eventual right (land title).[6] Thus, it must be questioned whether there is value in upholding such a doctrine, due to its somewhat controversial nature, which notably evokes a strong emotional response due to the misconception of it as little more than legal theft.[7] A s a result of avoiding the obligation of payment for land, by engaging in this more primitive acquisition of it[8], squatters are often portrayed in a negative light such that they are stealing the patch of another.[9] This highlights the inevitable debate of the validity of such a doctrine for why should a person not be free to do whatever they so please with their property, even if that means doing nothing? Nevertheless such discussion for present purposes will not be furthered. The present law on adverse possession in England was initially formalised in common law in 1962.[10] In spite of this, as noted earlier, the law has been subject to alterations and evolutions through a number of leading cases.[11] As a result, although the current law does fall within the doctrine of general limitations, the infamously flexible judge-made law must be consulted for the relevant principles. In a sense the law of adverse possession is similar to that of criminal law there are two fundamental requirements, one physical and one mental. In adverse possession there must be factual possession and animus possedendi, the latter being the more contested issue in practice. As commentators have noted, much academic and judicial ink has been spilt in trying to determine in what circumstances possession could be deemed to have taken place and when it was also adverse'.[12] In the case of McFarlane[13], Mr Justice Slade spoke about what is necessitated by the requirement of animus possedendi. Ostensibly it was noted that the squatter must possess the intention to exclude the world at large, which inevitably includes the true owner, so far as the law will allow and is reasonably practicable.[14] It should be noted that for a significant length of time, what exactly the squatter had to intend was quite unclear. It is evident from the case law that different judgments purported differi ng requirements. For example it had been held that a squatter couldnt simply intend to possess the land, this of course was a requirement but, they must also intend to exclude all others from it (including the paper owner).[15] Subsequently it was emphasised that the requisite intention was simply that the squatter intended to possess the land.[16] Thus the question arose as to whether or not intention to exclude, in addition to the intention to possess, was an aspect of the animus possidendi requirement. Recently the House of Lords clarified the matter wherein it was held that the requisite intention was simply the intention to possess.[17] The courts must consider several factors in order to establish animus possidendi. These factors go beyond simply the nature of the actions undertaken by the squatter and the evidence as to their intention. The courts must identify whether the possession was adverse, as well as whether the acts of the squatter were such that the intention to possess was unequivocal and that this intention was made clear to the world. If the courts establish that these actions were in fact equivocal, that the intention was ambiguous or simply not made plain then the claim for adverse possession will fail.[18] The squatter must be in possession of the land in a manner inconsistent with the true owner before the time period will run.[19] It has been noted that possession with consent of the paper owner will not usually give rise to adverse possession[20] and prior consent will prevent the limitation period from running[21]. Nevertheless, there are certain contestable situations that may occur in practice . The issue of implied consent[22], and whether or not there was a granting of a license[23] are just two examples of how consent can affect the outcome of the individual case. In order to substantiate a claim for adverse possession the squatter must, in satisfying the requirement of possession[24], establish a sufficient degree of physical control over the property.[25] The notion of a sufficient degree[26] evolved throughout the case law, similarly to the test to establish it. Interestingly these disputes can occur in a wide variety of circumstances. For example there have been cases indicating the possibility of adversely possessing a specific portion of a house[27]. The courts apply an objective test relating to the nature and quality of the property, seemingly however no consideration or variation will be afforded by virtue of the status of the parties to the case.[28] Evidently any possession must be open[29], actual, continuous and exclusive[30]. In applying the objective standard to exclusivity the physical enclosure of land is relevant but not determinative[31]. Generally fencing will satisfy the requirements of factual possession. However, the purpose of the fencing will be taken into account. For instance if the fencing was in place to enclose livestock, as opposed to preventing access to the property, it will not satisfy the prerequisite for a claim of adverse possession[32]. In the Adams[33]case Mr Justice Laddie delved into the nature and purpose of fencing. This discussion can be interpreted as meaning both entry and exit from the property. Notably the squatter need not maintain the fencing for the purposes of both. Nevertheless, fencing is presumably the most self-evident form of factual possession[34]. It is clear that although no variation is given in accordance with the situation of the parties, there is variance dependent upon the na ture of the property being possessed[35]. Consequently a person can be held to be in possession of property by cultivating land[36], shooting over it[37] or by simply leaving it vacant[38]. Thus it is clear the finding of adverse possession is circumstantial. As a result the main issues in practice is the determination of whether the acts undertaken are sufficient to constitute possession[39]. Additionally, in accordance with common sense, it must be noted that the acts of possession need not necessarily inconvenience the true owner[40]. To mandate such a requirement would potentially, and it is submitted most likely, result in an action being brought against the squatter much sooner. Therefore a lot, if not the vast majority, of cases of adverse possession would be prevented from ever reaching fruition. Following from this it is clear that a mere act of trespass will, notwithstanding the variance depending upon the nature of the land, be insufficient to warrant an adverse possession claim[41]. The doctrine of adverse possession gained much clarity with the Pye[42] decision in 2006. Herein Lord Browne-Wilkinson purported that reference to adverse possession should be avoided as much as possible. The rationale being that by doing so, a lot of the confusion and complication that arises would be avoided. It was submitted that in such cases there is a simple question. The court, it was asserted, need only answer whether the squatter dispossessed the true owner by being in ordinary possession of the property, without consent, for the required time period. Throughout his judgment Lord Browne-Wilkinson seemingly claimed there was an over conceptualisation of the doctrine of adverse possession. In relation to the debate as to what constitutes adverse possession, he suggested that what needs to be established is whether the possession is without the owners consent. This case adopted the approach in McFarlane[43] wherein the nature and use of the property was the key test. Thus to sa tisfy factual possession one seemingly need only have sufficient custody and control for ones own use[44]. As noted earlier, the effect of the doctrine is governed by both statute and case law. Although the precedent set out above plays an important role in the deciding of cases, new statutory changes[45] have significantly limited the scope of this doctrine. It has been suggested that this restriction is to be commended for creating a more rational and secure footing for the law.[46] The new law provides for circumstances consistent with the system of land registry wherein titles can be abandoned or registered under certain acts. The 2002 Act[47] addressed concerns regarding the ease at which an individuals property could be adversely possessed[48]. Thus with the enactment of the legislation came a significant change such that the burden shifted from the true owner[49]. Prior to this reform, the paper owner had been required to remain alert and ensure their land was not being adversely possessed. As per the 2002 Act[50] however the squatter now bears the burden such that they must have a dverse possessed the property for a minimum of ten years before making an application.[51] The true owner can, of course, protect their title by objecting to the application. This objection will render the application incomplete. If the squatters application is rendered incomplete, they need only remain in possession for a period of two years before they can re-apply. There are different options available to the true owner in the event of an application[52]. If the paper owner chooses to ignore or confirm[53] the application then the squatter will be registered as the proprietor. The 2002 Act[54] also provides for serving counter-notice[55]. This requires the registrar to operate under paragraph 5 of Schedule 6. As a result a squatter may not be registered in place of the true owner irrespective of whether they have established factual possession or not. However his is subject to three exceptions[56] which highlight not only the equitable principles intrinsic to the doctrine but als o the policy considerations upon which it is premised. Although possible to identify numerous categories within the doctrine itself[57], it is clear that the requirements of factual possession and intent are at the heart of understanding its effect. The fact the squatter must show that they had the intention to possess the land and put it to their own use, as well as proof of physical possession illuminates both the equitable and legal transfer of property rights by the creation of an added dimension. The aspects present in establishing adverse possession, as discussed earlier[58], are of utmost importance regarding the effect of this doctrine. As seen throughout the case law, in reality it is these elements which determine the outcome of the case. Thus they dictate the effect upon the individual and the disputed property. Positive Prescription: Law and Effect Positive prescription is the existing system of land acquisition under Scots law, the name given to the hybrid legal system in Scotland. There is an interesting difference in development between Scots Law and the English common law system. Scots law does not simply follow suit as so many other jurisdictions do, rather they created principles consequential to the work of French and Italian scholars, with Roman law proving particularly influential[59]. Whilst some commentators have noted the similarities between the nature of Scots law and that of other jurisdictions (namely Sri Lanka and South Africa)[60], it did in fact develop, as part of the ius commune[61], with influences from both civil and Canon law. Unsurprisingly, due to both proximity and relationship, Scots law has inevitably also been affected by the influence of common law[62]. Therefore certain similarities may be drawn. Nevertheless it must be noted that Scots law is a very unique, distinct native system wherein legislation is king. Interestingly the first of the legislation governing positive prescription, a creature of Scots law, is from the sixteenth century.[63] Similarly to adverse possession, prescription has roots in Roman law wherein it played an important role regarding property law. Here title was acquired through possession, or where an individual failed to meet the formalities which would deny such appropriation[64]. Initially the rationale was established to distinguish between prescription granting title and that preventing a claim of title against the squatter. As noted, positive prescription had many muses one of which was Canon law. Herein a great deal of importance was given to the bone fide[65] possession of the property. Positive prescription is unlike adverse possession in the sense that historically its role was one of conveyancing, not a method self-acquisition or legal theft. Initially the legislation[66] simply had the effect of restricting the right to call on a possessor to produce his full progress of titles[67]. Effectively once the period of possession [68] was completed this was seen to be confirmation of title. If the period of possession was unfulfilled, the progression of derivative titles was incomplete. Subsequently the transfer of title would have been denied. Continuous, open, peaceable possession of a registered title (which is reflective of a real right) for 10 consecutive years (devoid of judicial interruption) will result in the indicated real right and this right will be free from challenge[69]. This exemption from challenge has been subject to much debate, nevertheless the modus operandi is to ensure secure title.[70] Notably in a discussion paper the Scottish Law Commission purported that a positive system of registration of title is no substitute for positive prescription.[71] They continued, focusing on the exemption from challenge. It was noted how registration of title simply makes a void title good but is subject to challenges, whereas prescription makes title good without recourse to challenge. Although the central ideology of system of positive prescription is to serve public interest[72] it may be viewed as a means of deprivation of property. Thus positive prescription, like the doctrine of adverse possession in England and Wales, has an important role regarding property ownership. That said, in Scotland by virtue of acquisition by prescription as per the 1973 Act[73], both possession and title are required. Contrarily the doctrine of adverse possession is such that the title of the true owner is lost via limitation. The Act further provides for circumstances wherein the title is registered in the land register or the register of deeds[74], or where it is not recorded[75]. The first of these situations mandates possession for a period of ten years, whilst the second holds a requisite period of possession of twenty years. The rationale, or objective, for the registry is similar to that of the model in England. Nevertheless there is a stark difference in the length of time mandated for possession. That said, in establishing either adverse possession or positive prescription what the court looks to is very similar if not identical. A Comparative Analysis of Effect In order to adequately assess the effect of both adverse possession and positive prescription we must first look to their justifications. Commentators have often noted that adverse possession simply executes what is deemed to be a pragmatic expectation which came into existence during a time where an individual would have to forcefully assert their title against intruders[76]. However this may be seen to be quite an archaic justification, and that in modern times the only purpose of such doctrines is to provide a legal form of theft. Additionally it has been purported that the law in this area is too harsh, especially in considering the human rights implications[77]. Nonetheless, there are in fact many valid considerations in favour of such laws, which in turn highlight the effect of the doctrines. The first justification to discuss is the infamous Lockean labour- desert theory. Locke asserted that an individual has a natural entitlement to land if it is used productively. In todays world, it is increasingly clear that land is a finite resource. Thus it is difficult to argue against the notion that property ought be granted to the useful labourer as opposed to the incompetent fainà ©ant. Although the context with which Lockes theory was concerned was unowned property, it seems to present a logical justification to the doctrines at hand. As briefly alluded to in the discussion of adverse possession, one justification for such a doctrine is in relation to the quieting of title. The policy concern is the continuation of markets, as well as the desire to minimise tensions and conflicts. Courts have held that the objective of any statutes of limitation is to prevent claims from arising after unreasonable amounts of time have passed[78]. If causes of action were unlimited by time restraints it would breach the basic rules of fair procedures and justice evidence could and would become lost, and memory by its very nature deteriorates with age. It could be said that this justifications retains elements of capitalism, however it serves to protect the innocent third party who purchases property whilst also providing pragmatic benefits (such as efficiency, registration and land use)[79]. Notably other countries, for example the United States or even Brazil, cite grounds including protecting development and initiative of the individual as justification.[80] As such it is important to note that in England and Scotland by the 18th Century most land had been enclosed[81] thus the concerns were in relation to the clarification of boundaries and titles. Which perhaps surprisingly, due to the reputation of the doctrines legalising theft, are in actuality the areas within which most cases fall. Interestingly in Scotland a landowners power is seen as intrinsic to the interrelationship with cultural symbols related to the land[82]. The notion of symbols having a sociohistorical significance (with it being connected to social standing and groupings) offers a different view to the effect of the doctrines. This understanding highlights that any decision made can and will have significant social consequences for the parties involved. In common law the doctrine of adverse possession was originally premised upon customs and traditions. Thus the systems of acquisition date back to the introduction of personal property. That said, they have since become more regulated and civilised. Although some commentators argue that the doctrine became ubiquitous only after the Norman conquest, with others stating its prevalence dates simply to British feudalism[83], it is self-evident that the possession of vacant land was an intrinsic part of the global development of civilisations. Likewise title to land can be gleamed though the open, peaceable possession of land (provided there has been no judicial intervention) via the doctrine of prescription in Scotland. Whilst comparing the doctrines of adverse possession and positive prescription, differences are apparent for example the specific time periods required for possession, the consequence of enforcing the expiration date, or even simply the basis of the doctrine itself. Nevertheless, in reality the application of the rules to factual scenarios leads to results and effects of great similarity such that they are often identical. Conclusion It is clear that courts have been faced with similar issues when dealing with cases of adverse possession and positive prescription. For example, issues arise in attempting to ascertain which acts of possession should be afforded the greater weight, or in establishing exclusion. As highlighted throughout the discussion, cases of positive prescription will not necessarily be determined using the same methodology as adverse possession. Adverse possession and positive prescription were established and have developed in very different forms nevertheless the effect of each remains the same. Positive prescription relies heavily upon the legislation, consistent with the approach of its native system, whilst adverse possession although makes use of legislation[84], relies to a large extent (as per the nature of common law) on case law. At first the doctrines seem to be completely distinct, however in reality the justifications and effects are of such similarity that in practice the doctrines could be interchanged without altering the result of the cases. Notably both doctrines have, at some point at least, taken the role of a guide for the other and it is submitted this will probably continue to be the case. Having evaluated the development, rationale and effect of the laws relating to adverse prescription in England/Wales and positive prescription in Scotland it is purported that, notwithstanding the difference in method and development, the effects of both are nigh on identical. 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Effect of Emotional Intelligence on Work Performance

Effect of Emotional Intelligence on Work Performance INTRODUCTION Nowadays, in this world of rapid change, organizations always want to compete so as to achieve a high level of productivity and to be at the top. The companies will need performing employees to uplift the organization. Air Mauritius is a big travelling organization where there are highly competitive works environments in every department. Employees need to do their maximum efforts for the company benefits. Job performance is an important factor which needs to be considered in an organization. Job performance is related to workers tasks and the progress of the organization. There are many factors that influence a company such as leadership, abilities and competencies, misunderstandings between executives, cultures and values. Years ago, Intelligence Quotient (IQ) was vital in both private and public sectors. Despite all qualifications, diplomas, and degrees holders being employed in their particular field, work performance was not well structured and not always successful as executives could not cope with high pressure and stress, so workers are not able to attain high level of maintenance. Therefore, to alleviate this situation, Emotional Intelligence became the crucial point of view in organizations as EI will help workers to manage stress, control self emotions and pressures, to keep a positive spirit and to ensure a good performance even while facing work complications. Organization frequently used Intelligence Quotient (IQ) to recruit people depending on their qualifications related to the post available. However, to cope with this problem that many companies are passing through, Emotional Quotient (EQ) is the only solution to the situation and is of utmost importance to an organization to succeed. Emotional Intelligence (EI), the capabilities involving identification and the control of emotions in one-self and others, using this information to guide one’s thinking and behavior (Giardini Frese, 2008; Mayer, Salovey, Caruso, 2008). Emotional Intelligence (EI) is an ability to know our own and others feeling for inciting our self and for dealing with own emotions, both internal and external (Daniel Goleman, 1995). The research is being done on Air Mauritius Company employees. PROBLEM STATEMENT Air Mauritius uses IQ for hiring process, based on candidate’s qualifications. Employees are having problems such as health, financial and are bored with their specific task leading to absences. This is so, as a lot of pressures are being exerted on employees like stress, team pressure, misunderstanding between colleagues, no profit in the company, bad communication skills and sharing among executives and also the manager. However, to overcome obstacles of competitiveness, EI is the best solution to adopt in favor of both the employees and the organization. The managers and executives, who can alter their emotions in an efficient way, are more successful on job. RESEARCH AIMS AND OBJECTIVES This research aims at recognizing and evaluating the effects of Emotional Intelligence on work performance of employees at Air Mauritius organization. Thus, objectives of this current study links between EI and performance at work field. In order to achieve high level of competencies which result an incline in accomplishments of the organization, executives will have to develop and explore EI. Research Objectives To understand the level of EI of the managers and employees behaviors. To analyze how Emotional Intelligence affect work performance. To assess whether introducing EI enhance work performance. Research Questions Which emotions are important for growth of work performance? Does Emotional Intelligence bring a change in the executive behaviors? To what extent does EI affect work performance? To identify problems in work performance? RATIONALE OF STUDY Upon completing this research, a clearer understanding of EI on work performance of executives was detected. Understanding how various aspects impact performance and organization survival could help in revolutionizing the ways of performing at work place for better results. Another effect of this quest will be how to promote more reliability of executives, like incentives to encourage employees, team works and shift works to know how each work and colleagues are important in the company, for them to meet their own goals and for the organization success. LITERATURE REVIEW (Goleman, 1998) made a bodywork of Emotional Intelligence (EI) that mirrors how a persons capacity for understanding the skills of self-awareness, self-management are personal competence, social-awareness and relationship management are social adept related to work success. Firstly, the main point is emotional self-awareness, which constitute of self-awareness, accurate self-assessment and self-confident. Therefore, it is understand that knowing one’s internal states, preferences, resources and intuitions is important. (Mayer Geher, 1996) stated that EI (Emotional Intelligence) differs from IQ (Intelligence Quotient). John Mayer (for illustration, Mayer Stevens, 1994) uses the term of different moods, the affective analogue of meta-cognition for key aspect of Emotional awareness. The second factor of EI, self-management, that holds Emotional self-control, transparency, adaptability and achievement orientation. The means of this factor is the ability to manage oneself anxiety , anger and to manipulate internal states and resources. It can also help to inhibit emotional impulsivity. Thirdly, another element of Emotional Intelligence is social-awareness, including apprehension of others’ feelings, concerns and needs. It encloses the competency of empathy involving the amygdala. The amygdala is a part of the limbic system found deep in the brain’s temporal lobe. Studies of patients with discrete injuries to the amygdala manifest deterioration to read non-verbal cues for negative emotions, especially to fear and anger, and in judging the honesty of people (Davidson et al., 2000). Lastly, the fourth EI component produces a complex image, or skillful at inducing desirable responses in others, are the relationship management and social skill adept. In an intrinsic sense, the success of our relationship depends on our capability to adjust ourselves or to influence emotions of another person. This feature, encompasses developing others, inspirationa l leadership, influence, conflict management, teamwork and collaboration. Furthermore, (Mayer Salovey, 1997) showed that Emotional Intelligence consists of four distinct features: 1) Evaluation and expression of emotion in the self. 2) Evaluation and recognition of emotion in others. 3) Control of emotion in oneself. 4) Use of emotion to ease performance. (Bar-On, 1997) conceptualized Emotional Intelligence as a non-cognitive ability; including five vast skill areas that help an individual to become more productive to tackle with environmental demands and pressures, these are Intrapersonal skills, Interpersonal skills, Adaptability, Stress management and General mood. Intrapersonal skills are related to pinpoint, understand and self-expression. Interpersonal skills are to be aware of, to understand and relate to others. Adaptability is related to strong emotions and be able to control one-self. Stress management is related to control stress of confrontation to different situations. General mood is related to adapt to changes and to elucidate problems of personal or social nature. Emotional Quotient (EQ), has four abilities suggested by (Davies et al., 1998) such as self emotional evaluation, others’ emotional evaluation, regulation and use of emotion. (Salovey et al., 2000) have claimed that EI elements are in relationship to a number of coping processes, like thoughts, social support networks and the disclosure of trauma. (Wong Law, 2002) have argued that EI consists of four aspects: use of emotion, others’ emotional appraisal, self-emotion appraisal and regulation of emotion. Cote Miners (2006), separated EI into emotion perception, emotion utilization, emotion understanding and emotion control. Goleman (2006), revealed that EI concerns the ability of an individual to maintain enthusiasm, self-control, self-encouragement and persistence, as stated in five major facets: Knowing your emotions, managing your emotions, motivate yourself, recogni zing and understanding others’ emotions and handling relationships. Nowadays, Interpersonal interaction is required in organization. The majority of these interactions, are linked to work performance. (Savoie Brunet, 2000), proposed that group performance appraisal should consist a minimum of four different components: Team experience quality, that is, the level upon which team know-how contributes to well-being and personal growth of the group member. Team output, which relies on aim, calculable and quantifiable performance criteria, for example, number of mistakes, percentage of technical act to meet safety and hygiene standards. Team viability, that is, the ability of the group to function as a unit. Group legitimacy, which relates to the assessment of the teams efficacy through external persons having close ties with it (Manager, clients, suppliers). (Forgas, 1995; Schwarz, 1990) argued that emotions can affect thoughts processes by boosting different data processing strategies. To illustrate, (Schwarz, 1990) heuristic processing is produced by positive emotions, and might be helpful for innovative tasks (Isen et al., 1987) and short-term memory task (Gray, 2004), whereas negative emotions promote deeper processing (Bless et al., 1990; Schwarz, 1990) and better spatial work performance (Gray, 2004). Emotion and cognition can be included to have an effect on performance on a range of jobs (Gray, 2004). (Austin, 2004) analyzed the relationships between trait EI and work, involving the identification of facial expressions of emotion. Moreover, two facial appearance recognition tasks using the inspection time (IT) model appraisal speed of emotional data processing and results display that general emotion-processing capability contributes to performance on works. Furthermore, (Quoidbach Hansenne, 2009), investigated the bond among EI , performance and cohesiveness in 23 nursing teams. Outcomes proved, EI provided an interesting innovated way of improving nursing groups’ cohesion and patient. Among psychologists, EI is anticipated as a vital predictor of organizational outcomes including task satisfactory (Daus Ashkanasy, 2005; Van Rooy Viswesvaran, 2004). Kafetsios Zampetakis (2008), tested the extent to which positive and negative influence EI on work fulfillment. Data records showed that positive and negative affect at work substantially mediate the link among EI and work satisfaction positively affect exerting strong influence. In addition, Lyons Schneider (2005), assessed the coherence of ability based EI facets with performance under stress. They predicted high levels of EI would foster challenge evaluations and better performance, but they also found low EI levels would promote threat appraisals and poor performance. Concentrating on Emotional Intelligence (EI) as an utmost factor associated to performance, with current researchers’ reviews a number of studies of drivers of organization performance. Numerous research have detected that EI is related with a number of positive results in the workplace which are affecting components such as leadership (Scott-Halsell et al., 2008), (Bar-On et al., 2000; Mikolajczak et al., 2007) resistance to stress, work attitude (Carmeli, 2003), (Kafetsios Zampetakis, 2008; Law et al., 2008; Wong Law, 2002) job satisfaction and performance, (Zhou George, 2003) employees inventiveness and career achievement (Dulewitz Higgs, 1999). In recent years, many researches have been carried out and researches argued that Intelligent Quotient is not the main Emotional Intelligence (EI) that led to outstanding accomplishment at task. Moreover, researchers found that EI has an affirmative and important relation with performance (Goleman, 1998; Mount, 2006). (Patnaik e t al., 2010) explored the coherence between EI and work performance of executives of the Cooperative bank of Gramya Banks in Odisha. Their investigation exposed high EQ is mandatory for better work performance. Nevertheless, high EQ cannot be the only necessity for performance improvement on the task. In addition, (Usman, 2011) analyzed the relationship among employees’ EI and their performance in Pakistan. The outcomes showed quite high connection between EI and organizational citizenship behavior and employees work performance might be estimated significantly based on their EI scores. HYPOTHESIS Focusing on these literature reviews, a deduction can be drawn that it exist a relationship between EI and job performance of employees in an organization or company. At the same time, Emotional Intelligence (EI), may promote the manager performance in work and increases organizational achievement. METHODOLOGY The universe for this research will be assessed on different sectors in the Air Mauritius Company. It is to be noted that information will be collected, through a questionnaire filled by both gender participants. The survey will target directors, managers, and employees. First of all, a group of 20 employees including both 9 males and 11 females are selected at random. A pilot test questionnaire will be distributed and collected after one hour from the 20 employees. This is to have an idea if the employees are understanding the written questions clearly and able to answer. If some of the randomly selected executives are having trouble in filling the questionnaire, modification need to done in the survey like to alter the structures making question easier. The question papers, will not contain questions that influence the employees to answer against their will. The new questionnaire that is more reliable will be scattered to a number of 100 employees consisting of 45 males and 55 females through stratified random sample. Incomplete questionnaires will be rejected as there due to lack of informations. In this study, job performance is dependent variable and EI is independent variable. In order to appraise the EI of the sample, Emotional Intelligence scale constructed by (Schutte et al., 1998) is used. The apparatus holds 33 items using a 5-point Likert scale, in which 1 represents ‘strongly disagree’ and 5 ‘strongly agree’. The totality scoring mark may be in the interval 33 to 165 and the high scores point out employees’ higher aptitude to identify and cope with emotions. The stuffs of the scale are directly proportional to the theory of EI. It takes into account alertness, emotional stability, integrity, enthusiasm, empathy, value-orientation, managing relations, self-development, commitment and altruistic manner. Finally, this measure is chosen because it is readily accessible and usually used. 1

Dorian Gray And The Lady Of Shallot: Stepping Out Of The Shadows Essay

During one’s life, one must step out into the real world and experience all of what the world has to offer. In order to attain a well-balanced life both mentally and socially, one may seek any way possible to live life to the fullest. We were put on this earth to live- not just simply by breathing in and out everyday, and making life the best it can possibly be. It has been said that you have not really died if you have lived. This theory has been applied to several pieces of literature. In the book The Picture of Dorian Gray by Oscar Wilde and â€Å"The Lady of Shallot† by Alfred Lord Tennyson, two characters have not lived their life to the fullest extent. In the aforementioned literature, the characters of Sibyl Vane and the Lady of Shallot lived their lives through the invulnerability of constant security. Sibyl Vane is an actress who is greatly devoted to her acting career. She is so consumed by her realm of acting that she does not experience the many other aspects and joys that life has to offer. All her heart, soul, and mind is put into her hobby, as it envelops her entire existence. Sibyl solely depends on this mindset to carry her throughout her life. Leading a life similar to that of Sibyl Vane’s is the Lady of Shallot. In this poem, she is condemned to weaving and forbidden to ever look out of her window down to the wonderful city of Camelot. If she should look down, a terrible curse shall be laid upon her. Both Sibyl Vane and the Lady of Shallot are artists who lead very sheltered lives and have an unfortunate fate ahead of them. Before the story beings, Oscar Wilde describes the effects that art has on a person. He states, â€Å"All art is at once surface and symbol. Those who go beneath the surface do so at their peril. Those who read the symbols do so at their peril. It is the spectator, and not life, that art really mirrors (Wilde 3).† These sheltered lives allow the women to remain in their safe little worlds, apart from what other ways of life the world has to offer. In order for them to lead a less â€Å"curtained† life, they needed to take more chances in hopes of more goodness and reality to welcome into their lives. When speaking to Dorian Gray, Sibyl’s lover, Sibyl admits that her life was consumed by the theatre. She confesses: †¦Before I knew you, acting was the one reality of my life. It was only in the theatre that I lived†¦. I believed in e... ... quite possibly not have been what they were. Experience in dealing with the outside world would have strengthened them to be more independent, stronger people. Furthermore, a broader lesson of these works of literature would be to just get out there and live. Step off the stage, step out of the tower, and hide the mirror. Perhaps take a chance once in a while. Do not just go through the motions of life, and live it to the fullest extent. One can lead a more happy, fearless life if he or she can really go out and experience it. In conclusion, the writings The Picture of Dorian Gray by Oscar Wilde and â€Å"The Lady of Shallot† by Alfred Lord Tennyson convey certain lessons of life. The characters of Sibyl Vane and the Lady of Shallot lived their lives through the sanctity of constant security, and died as a direct result of their shadows. During one’s life, one must step out into the real world and out of the shadows. In order to be balanced both mentally and socially, an individual may pursue any way possible to live life to one’s high expectations. Do not get caught up in life’s shadows. Step out of the darkness and into the light, hoping to not be consumed by the invulnerability

Comparing Shakespeares Hamlet and Marlowe of Conrads Heart of Darknes

Comparing Shakespeare's Hamlet and Marlowe of Conrad's Heart of Darkness Prince Hamlet, of Shakespeare's famed tragedy, and Marlowe of Joseph Conrad's Heart of Darkness, are similarly situated characters. Despite superficially different settings and plots, there is a remarkably similar thematic element shared between both works. Prince Hamlet and Marlowe are brought to the very brink of insanity by their immersion in worlds gone mad, yet still succeed. At their roots, the similarities of the environments they are immersed in are remarkable. Whether their environment is a â€Å"too too sullied† (1057) Royal Danish court, or the dark madness of a murderous Congolese jungle, the relationship between a sane man’s mind, and a man’s insane world is openly explored. In Hamlet: Prince of Denmark and in Heart of Darkness many similarities exist between the madness that both stories are surrounded in. Despite the obvious differences of the Congo and Copenhagen, both worlds are places where evil abounds and territory where man has brought on that evil. The destructive greed and lust for power that drove Hamlet’s uncle, Cladius, to murder his own brother, have tainted and steeped the Danish court in corruption. In Heart of Darkness, the madness stems from the desire for power in the form of valuable ivory. The power of ivory in Heart of Darkness is not only apparent because it drives â€Å"civilized† men like, Mr. Kurtz to commit his savage acts, but also because how quickly Marlowe becomes aware of its power. Upon Marlowe’s arrival to the Central Station he observes, "The word 'ivory' rang in the air, was whispered, was sighed. You would think they were praying to it.† (1639). In Hamlet and Heart of Darkness, the ultimate. .. ...s when he avenges his father’s murder and restores the upright and dignified nature of the Danish throne (to Fortinbras), and Marlowe succeeds when he retrieves the brutal Kurtz from â€Å"the heart of darkness†. More importantly however, Hamlet and Marlowe within themselves struggle against insanity, the evil that tries to pour into them from their madness-drenched worlds, and both men succeed. Bibliography: Angus, Mitchell. â€Å"New Light on the Heart of Darkness† http://www.britannica.com/magazine/article?content_id=145991. January 9, 2007 Coleridge, Samuel Taylor. â€Å"Lecture XII.† Hamlet. Ed. Edward Hubler. New York: Signet Classics, 1987. Conrad, Joseph. â€Å"Heart of Darkness.† An Introduction to Literature. Ed. Barnet, et al. New York: Longman, 2000. Shakespeare, William. â€Å"Hamlet.† An Introduction to Literature. Ed. Barnet, et al. New York: Longman, 2000.

Drama Monologue Velocity vs. Viscosity :: Drama

Drama Monologue Velocity vs. Viscosity Insanity comes in two basic varieties: slow and fast. I'm not talking about onset or duration. I mean the quality of the insanity. The day to day business of being a head case. There are lots of names I guess: depression, catatonia, mania, anxiety, agitation. They don't really tell you much though do they? The predominant quality of the slow form in viscosity. Experience is thick. Perceptions are thickened and dulled. Time is slow, dripping slowly through the clogged filter of thickened perception. The body temperature is low. The pulse is sluggish. The immune system is half asleep. The organism is torpid and brackish. Even the reflexes are diminished, as if the lower leg couldn't be bothered to jerk itself out of stupor when the knee is tapped. Viscosity occurs on a cellular level. And so does velocity. In contrast to viscosity's cellular coma, velocity endows every platelet and muscle fibre with a mind of its own, a means of knowing and commenting on its own behaviour. There is too much perception, and beyond the plethora of perceptions, the plethora of thoughts about the perceptions and about the fact of having perceptions. Digestion could kill you! What I mean is the unceasing awareness of the processes of digestion could exhaust you to death. And digestion is just an involuntary sideline to thinking, which is where the real trouble begins. Take a thought - anything. I doesn't matter. For example - I'm tired of sitting here in front of the nurses station. I perfectly reasonable thought. Here's what velocity does to it. First break down the sentence. 'I'm tired' - well, are you really tired, exactly? Is that, like, sleepy? You have to check all body parts for sleepiness, and while you're doing that , there's a bombardment of images of sleepiness along these lines: head falling onto pillow, head hitting pillow, Wynken, Blynken and Nod, Little Nemo rubbing sleep from his eyes, a sea monster. Uh-oh, a sea monster. If you're lucky you can avoid the sea monster and stick with sleepiness. Back to the pillow, memories of having mumps aged five, sensation of swollen cheeks on pillows and pain of salivation - stop. Go back to sleepiness. But the salivation notion is too alluring, and now there's an excursion into the mouth. You've been here before and it's bad. It's the tongue: once you think of the tongue it becomes an intrusion. Why is the tongue so large? Why is it so scratchy on the sides? Is that a vitamin deficiency? Could you remove the tongue? Would your mouth be less of a bitch without it?

Need for Power Essay

The need for power is just one part of McClelland’s acquired needs theory. The Other Parts of the Theory are Need for Achievement and Need for Affiliation. I would like to stay and write about part The need for Power. We can find little theory about this topic (The need for Power) in book Organizational Behavior on page 101. There is: A third major individual need is the need for power – the desire to control one ´s environment, including financial, material, informational, and human resources. People vary greatly along this dimension. Some individuals spend much time and energy seeking power, other avoid power if at all possible. People with a high need for power can be successful managers if three conditions are met. First, they must seek power for the betterment of the organization rather than for their own interest. Second, they must have a fairly low need for affiliation because fulfilling a personal need for power may well alienate others in the workplace. Third, they need plenty of self-control to curb their desire for power when it threatens to interfere with effective organizational or interpersonal relationship. Resources for this theory: David McClelland and David H. Burnham, â€Å"Power Is the Great motivator,â€Å" Harward business Review, March-April 1976, pp. 100-110. Pinder, Work Motivation in Organizational Behavior, McClelland and Burnham, â€Å"Power Is the Great Motivator.â€Å" We can identified four stages within the power orientation: 1) Drawing inner strength from others – being a loyal follower and serving the power of other people; 2) Strengthening oneself – beginning to play the power game, collecting symbols of status, one-upmanship, trying to dominate situations; 3) Self-assertiveness – becoming more aggressive and trying to manipulate situations so as to use other people to achieve one’s own targets; 4) Acting as an instrument of higher authority – identifying with some organization or authority system and employing the methods learnt in stages 2 and 3 but now being able to claim formal legitimacy. Blake and Mouton (1964) would feature the kind of person who maximizes this kind of approach as having the ‘Authority – Obedience’ style of management: concentrating on maximizing production through the exercise of personal authority and power. Individuals with a high need for power exhibit a number of characteristics. These individuals tend to be more argumentative. We can see in real life that they are often elected to political offices (member of government etc.). These individuals are also more assertive when a part of in-group discussions. They are known for displaying risk-taking behavior and they also tend to own more prestigious possessions such as expensive cars and credit cards. I think that this people tend to be and want to be on public display. In examing the motive scores of over 50 managers of both high and low morale units in all sections of the same large company, we found that most of the managers – over 70% – were high in power motivation compared with men in general. This finding confirms the fact that power motivation is important for management. (Remember that as we use the term â€Å"power motivation†, it refers not to dictatorial behavior, but to a desire to have impact, to be strong and influential). The better managers, as judged by the morale of those working for them, tended to score even higher in power motivation. But the most important determing factor of high morale turned out not to be how their power motivation compared to their need to achieve but whether it was higher than their need to be liked. This relationship existed for 80% of the sales managers as compared with only 10% of the poorer managers. And the same held true for other managers in nearly all parts of the company. In the research, product development, and operations divisions, 73% of the better managers had a stronger need for power than a need to be liked (or what we term â€Å"affiliation motive†) as compared with only 22% of the poorer managers. Why should this be so? Sociologists have long argued that, for a bureaucracy to function effectively, those who manage it must be universalistic in applying rules. That is, if they make exceptions for the particular needs of individuals, the whole system will break down. The manager with a high need for being liked is precisely the one who wants to stay on good terms with everybody, and, therefore, is the one most likely to make exceptions in terms of particular needs. If an employee asks for time off to stay home with a sick spouse to help look after the kids, the affiliative manager, feeling sorry for the person, agrees almost without thinking. (I am personally this kind of manager. I have a high need for being liked. I think that if people have a confidence in the manager he can do more things – also not so popular – and the people will accept them and also him.) When President Ford remarked in pardoning ex-President Nixon that he had â€Å"suffered enough†, he was empathizing primarily with Nixon ´s needs and feeling. Sociological theory and our data both argue, however, that the person whose need for affiliation is high does not make a good manager. This kind of person creates poor morale because he or she does not understand that other people in the office will tend to regard exceptions to the rules as unfair to themselves, just as many U.S. citizens felt it was unfair to let Richard Nixon off and punish others less involved than he was in the Watergate scandal. Advantages / disadvantages There are both positive and negative aspects in regards to the need for power. Being argumentative can be perceived as an ideal expression of one’s opinion; although it can also create threatening environments for those of a more compliant nature. Having an assertive manner in group discussions can make others feel as though one is dominating a discussion within the group. However, this individual may have a profound impact on the group’s progress by assisting in accomplishing tasks more efficiently. Participating in risk-taking behavior can allow an individual to experience more radical events in their life, but sometimes risk-taking behavior can lead to undesirable consequences. Owning luxurious items tends to be costly, even though these possessions may make one feel good about themselves and their lives. My conclusion The need for power is good if it is useful for organization and also if the manager can use some kind of humanity to the other. For manager figure is very important the confidence. The people (other) must confidence in him and then they will better in accept his conclusion.

Frankenstein vs Planet of the Apes

Frankenstein VS Planet of the Apes: A Frightful Showdown Humans as a species like to experiment with the world around them and push the limits of any known law. As a result, the human race is constantly toying with the everlasting puzzle: What is life and how can it be manipulated? Through many realistic fiction stories—such as Mary Shelley’s Frankenstein and Rise of the Planet of the Apes—the general public is able to take a look into how far the human mind wants to go.Both stories use technology as a vehicle to enhancing human life and end up with horrible endings. Though these tales share a common theme, they diverge in plot lines by exploring different ways that technology can affect life as usual. By examining these tales one will notice the difference of experiments, consequences, and relationships. The first major difference is the means of experimentation between the two protagonists. In Frankenstein, Victor uses a mysterious â€Å"spark of life† t o bring his creation alive in order to fulfill his own ambitions.In Rise of the Planet of the Apes, the protagonist’s motivation for experimenting on life is for the greater good from the get go. By these plots being different, the audience can see how even though scientists can have totally separate ideas and reasoning the end game is usually the same. However, this was not the only difference between the cautionary narratives. The other key thing that made these stories different was the endings. In the film, the experiments wreak havoc on the city just so that they could get to safety.In the novel, the creation causes destruction for the sole purpose of tormenting its creator. The apes reach their destination and though they leave a wake of terror in their path are generally safe and complacent, while the protagonist quietly mourns losing his friend. On the other hand, Victor loses his life in the hunt for the creation and the monster commits suicide leaving no trace of an y the events that took place. These two differences are what make each tale unique. The film and novel have one commonality: they warn humans of the dangers that can be self-inflicted.Each story results in suffering, loss, and destruction caused by the creations. They try and convey the message that manipulating life can be a volatile process and should be handled with the utmost care. Though one lead character lives while the other main character dies, they both reach a point where they realize the power and seriousness of their actions therefore teaching the reader/ viewer. Watching/ reading these interesting narratives can leave a person more cautious of their actions and decisions.Overall, the book and film differed in a variety of ways, ways such as plot line and end results. However the overall theme of the power of technology in human lives remained dominant in both tales. One is a film with wonderful visual effects and the other is an aged book that still retains the vividne ss of its day. They are both striking entertainment and could be interchangeable for instilling a sense of power and responsibly in reckless youth. There were few things that could be tweaked and more informative tales should be made revolving around this universal subject.