Civil Engineering Administration Essay

Engineering Administration Introduction A NZ property developer â€Å"PROFIT† proposed to develop an office building in Beijing, The Republic of China. This requires the use of FIDIC Conditions of Contracts for Construction (i. e. the 1999 Red Book) which is different in the dispute resolution mechanisms compare to the local NZS 3910:2003 Conditions of Contract. Objective The first objective of this report is to compare the difference in the dispute resolution mechanisms between the 1999 Red Book and the NZS 3910:2003 Conditions of Contract. The second objective is to give critical comments to the dispute resolution mechanisms in these 2 standards. Tables and flow charts Discussion There are many differences in the dispute resolution mechanisms between the 1999 Red Book and the NZS 3910:2003 Condition of Contracts. Figure 1 and Figure 2 shows the flow of structure for dispute in both 1999 Red Book and NZS 3910:2003. The figures show that the general flow path between the two acts is similar. For both acts, the engineer that is responsible for the contract is always the first person (party) to be referred to. If the engineer cannot solve the dispute, both acts recommend a method of dispute resolution (by a neutral third party) before referring to arbitration. Arbitration is the last method of dispute resolution that can be used for both acts, the decision from arbitration is call an award and binding and enforceable to both the clients and the contractors. There are 5 major differences between 1999 Red Book and NZS 3910:2003. The differences are listed on table 1. The first difference is the difference in engineer’s position and engineer’s response. In the 1999 Red Book, the engineer is an employee of the client. The response of the engineer can be regard as the response of the client to the contractor (Cl 20. 1). In the NZS 3910:2003, the engineer is a third neutral party responsible for the contract. The decision of the engineer is final and binding on when both the client and the contractor are satisfied. There is also another small difference that the engineer can do while making engineer’s review between the two acts. It can make a connection with an agreed expert to make recommendations to assist to resolve the dispute with the consent of the client and the contractor. This is similar to adjudication, but with the involvement of the engineer. The second difference is the difference in obligation of the engineer to give it decision to the dispute. In 1999 Red Book, the engineer must give it response to the contractor within 42 days after receiving the claim to obey the law. In the NZS3910:2003, the engineer is expect to give a response to the dispute in 20 working days. However, the engineer may choose to not give any decision within the time limit which is not against the law. In this case, the client and the contractor could refer to other adjudication process to resolve the dispute. The third difference is the difference in the recommended method of dispute resolution to take before referring to arbitration. The 1999 Red Book recommend to referred to dispute adjudication board. The NZS3910:2003 recommend to referring to a mediator. The dispute adjudication board is panel of experienced and expertised reviewer which is organised before the construction begins and meets at the job site periodically. There, the reviewer in the dispute adjudication board is familiar with the job procedure and progress. The mediator is an independent neutral third party which acts as the case manager and the facilitator of the dispute. The mediator does not have to be expertise and it does not have previous relationship with the contract before the mediation undertaken. The fourth difference is that in there is an extra obligated process which is required to be undertaken in the 1999 Red Book but not in the NZS 3910:2003. Clause 20. 5 in the 1999 Red Book indicates that before commencement of arbitration, both parties shall attempt to settle the dispute amicable. In the NZS 3910:2003 There is no similar regulations. The fifth difference is the difference between the restriction dates for all the steps in the dispute resolution procedure in figure 1 and figure 2. The 1999 Red Book has specified clearly the restriction time. The NZS3910:2003 use working days and sometimes months in it regulations. For example, the restriction on the submission date for contractors’ claim is within 28 days in 1999 Red Book after he became or should have become aware of the event;the restriction date of the same situation in NZS 3910:2003 is 1 month. Obviously, the clear number of days used in the 1999 Red Book is more formal and precise than the use of month in the NZS 3910:2003. In some other step, the NZS 3910:2003 sometimes use working days. For example, the engineer review shall give a formal decision within 20 working days (clause 13. 2. 4). The use of working days is

Porphyria’s Lover by Robert Browning as a Dramatic Monologue Essay

The Dramatic Monologue was a popular form of poetry in Robert Browning’s time. It is a form of writing in which the speaker in the poem is a dramatized imaginary character. The monologue is cast in the form of a speech addressed to a silent listener. Its aim is character study or psycho-analysi. In a dramatic monologue, the person who speaks is made to reveal himself and the motives that impelled him at some crisis in life or throughout its course. The character is developed throughout the conflict between his thoughts and emotions and not through any description on the part of the poet. He may speak in self-justification or in a mood of detached self explanation, contented, impertinent or remorseful. What the poet is intent on showing us is the inner man. It is a monologue because it’s a conversation of a single individual with himself. About the poem: Robert Browning is one of the most eminent poets of the Victorian Age. In the early years of his career, he worked on plays but finding no success, heturned to poetry. His early career in plays helped him to excel in composing dramatic monologues. Beowning’s genius was essentially dramatic. His dramatic bent of mind is seen in his characterization and is the unfolding of dramatic situation. Porphyria’s Lover is presented in the form of a Dramatic Monologue in which the speaker is a lover who has an abnormal, if not insane mind telling the story of how he killed his own mistress. The lover does not speak to anyone in particular. It was a conversation with himself. He has just committed a murder but sits coolly waiting for divine intervention. Through this narrative Browning reveals the subtle analysis of an individual’s soul. Like most of Browning’s dramatic monologues that deals with such psychopathic characters, the poem depicts a situation just after the moment of action it describes has passed. When he presents the scene Porphyria is already dead. The question that naturally arises is why the lover murders the woman. There is no indignation or provocation of any kind. On the contrary as the lover himself admitted Porphyria worshipped him. The most obvious reason for the murder is that, the lover is insane. But this does not offer a wholly convincing explanation. The manner in which the over has narrated the story shows no disorder in his mind. It is possible to argue that, the lover’s own passion reached such a feverish pitch and it is mingled with a state of ecstasy that he unwittingly went on to strangle the woman. But then, there is not the least feeling of regret or remorse afterwards. If the murder had been committed in a state of passion and ecstasy, there would have been a most painful kind of remorse in his heart afterwards. Whatever the motive of the murder, the poem is a gripping narrative. It cannot be denied that the poem has an appeal of its own, perhaps as a study in abnormal psychology. Browning was always pre-occupied with the psychology of man, and this had moral implications for him. In pursuing his study of the human mind, he developed an independence of style and tried to attain the appearance of realism through a medium that was dramatic. His dramatic monologues were written to project a certain kind of human personality, a certain temperament, a way of looking at life or even a moment of history realized in the self-revelation of a type. He developed a remarkable ability to explore character argumentatively which provided his poems with a distinct note of individuality. His real interest was not in the externals of characters but in the mental process of his characters. His purpose was ‘soul dissection’ or probing in the incidence in the development of a soul. For this purpose, he used and perfected the dramatic monologue as a poetic form best for depicting the soul and psyche of his characters. It is a drama of the soul. The poem can also be seen as an exploration of the issues of morality and sexual transgression. Browning responds to the conflict between morality and aesthetics- an issue which dominated the Victorian society.

History of Chocolate Essay

The first recorded evidence of chocolate as a food product goes back to Pre-Columbian Mexico. The Mayans and Aztecs were known to make a drink called â€Å"Xocoatll from the beans of the cocoa tree. In 1528, the conquering Spaniards returned to Spain with chocolate still consumed as a beverage. A similar chocolate drink was brought to a royal wedding in France in 1615, and England welcomed chocolate in 1662. To this point â€Å"chocolate† as we spell it today, had been spelled variously as â€Å"chocalatall, â€Å"jocolatte†, â€Å"jacolatte†, and â€Å"chockelet. 11. In 1847, Fry & Sons in England introduced the first â€Å"eating chocolate,† but did not attract much attention due to its bitter taste. In 1874, Daniel Peter, a famed Swiss chocolateer, experimented with various mixtures in an effort to balance chocolates rough flavor, and eventually stumbled upon that abundant product — milk. This changed everything and chocolate’s acceptance after that was quick and enthusiastic. GROWING COCOA BEANS Cocoa beans are usually grown on small plantations in suitable land areas 20 degrees north or south of the Equator. One mature cocoa tree can be expected to yield about five pounds of chocolate per year. These are planted in the shade of larger trees such as bananas or mangos, about 1000 trees per hectare (2,471 acres). Cocoa trees take five to eight years to mature. After harvesting from the trees, the pods (which contain the cocoa beans) are split open, beans removed, and the beans are put on trays covered with burlap for about a week until they brown. Then they are sun dried until the moisture content is below 7%. This normally takes another three days. After cleaning, the beans are weighed, selected and blended before roasting at 250 degrees Fahrenheit for two hours. Then shells are removed leaving the â€Å"nib. † Nibs are crushed to create a chocolate â€Å"mass. † This is the base raw material from which all chocolate products are made. KINDS OF CHOCOLATE Milk Chocolate This consists of at least 10% chocolate liquor (â€Å"raw† chocolate pressed from carob nibs) and 12% milk solids combined with sugar, cocoa butter (fat from nibs), and vanilla. Sweet and Semi-Sweet Chocolate Are made from 15-35% chocolate liquor, plus sugar, cocoa butter, and vanilla. Imprecision of the two terms causes them to commonly be called â€Å"dark† or â€Å"plain† chocolate. Dark chocolate has a large following among dessert makers, and for this reason is referred to as â€Å"baking† chocolate. Bittersweet and Bitter Chocolate Bittersweet usually contains 50% chocolate liguor and has a distinct â€Å"bite† to the taste. Bitter or unsweetened chocolate liquor also is used in baking and is also referred to as â€Å"bakers† chocolate. Creams and Variations Bite sized and chocolate covered. They are filled with caramels, nuts, creams, jellies, and so forth. White Chocolate Is not really chocolate as it contains no chocolate liquor, Carob This is a brown powder made from the pulverized fruit of a Mediterranean evergreen. It is used by some as a substitute for chocolate because it can be combined with vegetable fat and sugar, and made to approximately the color and consistency of chocolate. HOW CHOCOLATES ARE MADE chocolate pouring There are four basic methods of coating chocolate onto something such as caramel or a nut. They are: Enrobing Least expensive method. Centers are carried by conveyer through a machine that showers them with chocolate. Panning Chocolate is sprayed on the centers as they rotate in revolving pans, then cool air is blown in pan to harden the chocolates. Dipping Generally done by hand by small scale producers. Shell Moldinq Most sophisticated method. Used for most sculptural chocolates. The process consists of many intricate steps, thus causing it to be more expensive than other methods. (Source: Chocolate: The Consuming Passion by Sandra Boynton. Workman Publishing: New York, 1982).

Altruistic athlete Essay Example | Topics and Well Written Essays - 500 words

Altruistic athlete - Essay Example His hope was to raise $1 from every Canadian to fight cancer. In a letter he wrote to the Canadian Cancer Society, â€Å"I’m not a dreamer, and I’m not saying this will initiate any kind of definitive answer or cure to cancer, but I believe in miracles. I have to.† (terryfox.org) On April 12, 1980, Terry began his Marathon of Hope in St. John’s, Newfoundland. Terry ran for 143 days and covered 3,339 miles before he was forced to stop just outside of Thunder Bay, Ontario, because his cancer had spread to his lungs. He had to stop and return to British Colombia for treatment. On September 2, 1980, one day after Terry was forced to stop running, Chairman and CEO of the Four Seasons Hotels and Resorts sent a telegram to the Fox family. He wrote, â€Å"You started it. We will not rest until your dream to find a cure for cancer is realized.† (terryfox.org) Terry received many awards for his efforts, among them are the Companion of the Order of Canada, The Order of the Dogwood award (British Columbia’s highest civilian award), the Lou Marsh Award for outstanding athletic accomplishment, and The Sword of Hope, given him by the American Cancer Society. Shortly before his death, Terry Fox 2 finally realized his dream. As the Canadian population reached 24.1 million, his Marathon of Hope fund reached $24.17 million.

Business law article Example | Topics and Well Written Essays - 500 words

Business law - Article Example For example, in Europe, a three week vacation is normal but workers in America are not keen in even taking a week off much less three week vacation. Employers however are encouraging tenured employees to take vacation by giving them incentives ranging from $750 to $1,000. The idea was to avoid being burned out at work and to reduce work related stress. Nobody will disagree that everybody needs to rest and have a break at some point. Studies have shown as indicated in the article that employees who unplugs from work reduces the risk of being burned out and reduces work related stress. But having a mandatory long break in a business setting where long breaks are not typically taken may have an adverse effect on the operations and bottom line of a business which is not desirable particularly at this time where companies are still in the process of recovery from a long period of recession during the 2008 financial crisis. Employees having long vacation will obviously leave the business understaffed and a business who is not used to being undermanned may have hard time adjusting and this may affect the company’s competitiveness. Having fewer tenured staffs around meant that the inexperienced employees have to step up and this could make the business under its optimal performance that could leave many customers dissatisfied thus undermining the competitiveness of the business. The timing of implementing sabbaticals or long vacation is also a suspect. It raises the question whether employers can actually afford giving its employees long vacation and to top it, with an incentive that goes with it. It is only recent that companies have recovered from the crisis and most companies may not yet that have deep reservoir of resources to send their employees on long vacation. The efficacy of the sabbatical program is also doubtful in American context who have the penchant of working long as â€Å"work martyr complex†

Venezuela's economic environment Research Paper

Venezuela's economic environment - Research Paper Example This means that the country has a great share in the geopolitical structure of the world. Venezuela, at 2013, is the world’s 34th largest economy with a GDP of $ 407.4 billion (Central Intelligence Agency 1). It experienced a growth rate of 1.6 percent, which is attributed to a slow and unstable recovery from the 2008’s world recession. In 2012, it experienced a growth rate of 5.6 percent. Besides, it has Per Capita GDP of $ 13, 600. This is the world’s 99th largest PPP. Oil forms a major part of Venezuelan economy since it contributes 96 percent of its export earnings, 12 percent of its GDP, and 45 percent of its annual budget. Manufacturing forms a huge percent of Venezuelan’s economy as the country exports steel, cement, and aluminum. The industry sector contributes 35.5% of the country’s GDP. Agriculture forms a mere 3.7 percent of the economy suggesting that the sector is underdeveloped. Although it exports agricultural products such as fish, the country imports two-thirds of its food supplies. The services’ sector is occupi es the largest part of the GDP, 60.8 % thereby employing 70.9 percent of the Venezuelan population. In terms of economic freedom index, the country has a score of 36.3 thereby making it a repressed economy. This means that there is limited individual freedom and liberty as pertains to investment and economic prosperity. The government has a big stake in economic activities, which in turn limits innovation and individual economic prosperity. It is essential, however, to note that Hugo Chavez, the former president, nationalized the oil industry in order to prevent conflicts and eliminate corruption. Venezuela experiences significant economic problems that correspond with state control of economic activities. Venezuela has a corruption index of 20 and ranks 166th in the world. This also

Company Evaluation Assignment Example | Topics and Well Written Essays - 250 words

Company Evaluation - Assignment Example Secondly, Miller stated that the fact the site is accessible worldwide has made it the most popular online site in the world where different people from different corners of the world can interact. The third key competence of facebook is its active research and development department, which has continually offered the site with new features that, makes social interaction more interesting. Lastly, the multilingual capability of facebook means non-English speakers can also utilise the social site (40-45). The value and mission of facebook is to simple enable people to connect with friends across that world and this value and mission statement help shape the planning function in the company, since every plan should always be applicable and beneficial to different users across the world. Therefore, the statement helps planners within the company to approach their task with a global approach. The main internal factors of facebook that will influence the business in the future are its research and development, and marketing. Through, continued research and development, the company will be able to remain at the top of competition and it will provide users with a variety of functional features for social interaction. Additionally, through aggressive marketing campaigns across the world the company will be able to attract many users and stay on top of the competition. One of the external factors that can influence the business in the future is heightened competition from other online social sites that are continually coming up and therefore, pose a threat to facebook’s market

About Gallos theory Essay Example | Topics and Well Written Essays - 1000 words

About Gallos theory - Essay Example This bring of board Gallos four-dimensional diagnostic theory which proposes for a multi-pronged approach to organizational diagnosis, change anddevelopment Organizations can be understood as families, machines, a theater or even a jungle. In line with this view, it can then be argued out that organizations are ordinarily characterized with complexity. This therefore necessitates for a diagnostic model to be brought on board to assist in better comprehending this complexity. One of the theories used in shading light to organizational complexity is Gallos’ four-dimensional diagnostic model. Undeniably, organizations have complex dynamics. Besides being obliged with the reframing role in those organization development works which are seemingly effective, the aforementioned model also makes an exploration the various avenues through which the multi-frame model can be employed for purposes of expanding perceptions of the organization’s stipulated change, development and intervention strategy. This brings to our attention the aspect of organizational theory. By definition, organizational theory denotes the study of the structur es, designs as well as relationships of an organization with the external environment. Organizational theory encompasses the strategies that organizations embark on so as to comfortably cope up with changes taking place within and around the organization. In addition, organizational theory (OT) also entails the study of an organization so that the organization in question can be in a better position to reap from the identification of a shared theme of purpose, maximize productivity and efficiency and at the same time ensure that it satisfactorily meets the stakeholders’ needs. Notably, the principal traditions in organizational theory fall into four discrete areas, commonly known as frames. These frames include organizational structure, political dynamics, human resource and

Jurnal Essay Example | Topics and Well Written Essays - 250 words - 1

Jurnal - Essay Example She believes that as a woman, she not only needs to look beautiful but also confident and efficient to show the opposite sex that women have brain that can outsmart them. She also thinks that she can get away with anything! She is a marketing manager in a cosmetic company. She has a dynamic personality and her confidence in her abilities is important part of her professional success. Her smiling appearance and ready apologies for lateness just do not let any negative feelings to persist. Would my impatient behavior have any long lasting impact? I do not think so! She comes from different culture where personal relationships are important but punctuality is not. This is what I have come to realize which may or may not be true for others. But she has a heart of pure gold and I love her for her vivacious personality. She bears no hard feelings for others. She is late for the 5th time in a row. I have now resigned myself that we would be late for cinema. She is very conscious of her looks. Appearances are very important for her and dressing smartly ensures that clients and business partners are impressed at first sight. She is as usual impeccably dressed. (words:

Outline and evaluate Essay Example for Free

Outline and evaluate Essay Outline and evaluate the view that the role of youth culture is to assist in the transition from childhood to adulthood (33 marks) The view that youth culture is a transitory phase is a functionalist idea which comes under the process of social integration where individuals become integrated into different social groups so they have a sense of belonging. Parsons (1954), argued that youth culture provides a bridge from childhood to adulthood by enabling young people to become more independent and detached from their parents. This takes the view of youth culture being a ‘rite of passage’. Eisenstadt (1956) suggested youth culture bound young people together and formed a sense of community stemming from a shared way of life. There are some criticisms of the functionalist approach such as the emphasis of shared features which means they ignore the differences between youth subcultures, a Marxist would argue these differences are important and cannot be ignored. Another argument against functionalism would the focus on age specific groups which misses an opportunity to look at youth as a state of mind able to be felt by anyone regardless of age. Marxists pay more attention to subcultures than functionalists and their theories are associated with the CCCS. The CCCS is considered neo-Marxist and their view of youth subcultures is that they are a product of structural explanations such as the economy and social class rather than general explanations such as age. Hall and Jefferson (1976) believed youth subcultures are a form of resistance to the ‘crisis of capitalism’. Through adopting a subcultural style youths were able to reject the dominant culture. Clarke (1976), who studied skinhead culture, believed that through the subculture they were able to exaggerate their working class background and hold on to tradition in the face of the extinction of working class communities. Brake (1980) suggested youth subcultures provide ‘magical’ solutions by providing safety from problems and an opportunity to express freedom and new ideas. The subculture allows them to convince themselves they will be able to solve the problems of their time but the solutions aren’t able to be sustained in reality, thus the reason they are referred to as magical. Marxists are accused of ignoring the involvement of girls in subcultural groups and issues of ethnic identity. There is also an assumption in the CCCS work that most youths joined subcultures which is debateable as it is possible many were ‘ordinary youths’. The CCCS are also criticised of looking too far into the reasons why youths join subcultures, perhaps many of them joined just for fun. There have also been accusations of Marxists ignoring the role of the media in the formation of youth subcultures. The main argument feminists make is that other approaches largely ignore the role of females in subcultures. McRobbie and Garber (1976) were critical of the work the CCCS for this reason. Their research on female subcultures identified a ‘Bedroom culture’ which features included experimenting with make-up and hairstyles, discussing boys and magazines. There are few studies of all-girl subcultures but one that has been in the USA are the ‘Riot Grrrls’ who use powerful image forms of communication to display their anger and feelings of oppression. The feminist view focuses mainly on gender related issues and has been criticised for this but this approach seems to suggest the role of youth culture for girls, in the case of bedroom culture, is to share information about their personal life and gain advice to help them through the transitional phase and in the case of the Riot Grrrls to express themselves and challenge the dominant culture which is perceived to be male oriented. Postmodernists believe that youth style has become increasingly fragmented over the years. They argue that shared attachments are not the norm in the UK as youth styles are viewed as fluid changeable and eclectic. Bennett (1999) called these fluid and complex youth styles ‘Neo-tribes’. People can move in and out of these neo-tribes over time which reflects the transitory nature of youth. An example of a neo-tribe would be club culture. Polemus (1997) noted the ‘supermarket of style’ available to youths. They are able to choose from different fashions, music tastes and identities and mix them together to form their own. Postmodernist views have been criticised as there are still examples of subcultures in the present day such as goths or emos. The idea of fluidity may also be overstated as most young people don’t move in and out of neo-tribes over long periods of time. In conclusion, all of the approaches in a sense agree with youth culture being part of becoming an adult through increased independence and self-expression. It involves young people exploring their newfound responsibilities and freedoms along with ways to deal with any problems they face as a consequence.

Modern and Postmodern Traditions in Power and Law

Modern and Postmodern Traditions in Power and Law The Law and Power Relations in Society:  A Brief Review of Modern and Postmodern Traditions To achieve an understanding of how, at the beginning of the 21st century, law has come to be understood as a manifestation of social power, it is necessary to place the question within the framework of the dominant intellectual paradigms of the past one hundred years. Such a consideration is relevant because the two major paradigms namely, modernism and postmodernism have operated according to contrary assumptions about reality in general and social reality in particular. Modernism, which dominated Western society throughout the 20th century until the 1960s, assumed that all human enterprises should be conducted according to the principles of universal rationality, with a strongly centralizing tendency emphasized in all social institutions. Postmodernism, on the other hand, assumes that human beings are mainly motivated, not by rationality, but by a virtually endless diversity of individual and cultural values. Thus, any overarching theory about how people do, or should, live in so ciety is bound to be inadequate, and social institutions must allow for the full range of human diversity. In the discipline of sociology Functionalist Theory dominated the modern period, but during the past few decades Critical Theory has come to dominate the postmodern period. To put it simply, Functionalism assumes that society works, because of its inherent harmony, while Critical Theory assumes that society does not work, because of its inherent conflicts. As far as law is concerned, during the modern period a rationally independent and fair distribution of justice was supposed to characterize the legal system. But during the postmodern period the legal system has come to be regarded by many of its critics as the source of often inequitable i.e. distributions of power, specifically motivated by, and ultimately working for, the interests of the state in general and the cultural elite in particular. The writings of Max Weber (1864-1920), one of the founding spirits of sociology, illustrate the modern conception of law perfectly. According to Mathieu Deflem (2009: 45-46), Weber argues that the law, like all modern social institutions, including politics and the economy, is dominated by purposive rationalization, posited as the standard for both jurisprudence (legal theorizing or lawmaking) and adjudication (law-finding) in the courts. Rationalization leads to the establishment of the principle of the rule of law. This means that all social conflicts are to be settled in the courts according to established laws that are written down and codified. The rule of law is intended to be impersonal and objective, giving rise to a adage Justice is blind, a central value of Western democracies, sometimes phrased as the sayings All are equal before the law and No one is above the law. According to Joyce Sterling and Wilbert Moore (1987: 68-69), Weber accepts law as creating its own sphere of autonomous social reality, but its influence is relative, not absolute. The more a legal system looks to itself rather than to external social, political, and ethical systems in making and applying law, the greater the degree of relative autonomy. In the United States legal system The Exclusionary Rule and The Miranda Rule are examples of the law defining itself and acting independently of other social concerns. A second characteristic of legal autonomy is the principle of equal competencies whereby counsel is provided for those who cannot afford it. Weber distinguishes between subjective rationality, in which values influence individual decisions, and objective rationality, in which principles determine social decisions. He also distinguishes between formal or purely legal law, and substantive or extra-legal law. Similarly, Weber distinguishes between rational law, determined by general principles, and irrational law, determined by individual and contextual considerations. Formal rational law is called positive law, while formal irrational law is called charismatic or revealed law. Substantive rational law is called natural law, while substantive irrational law is called traditional law. In the words of Sterling and Moore (1987: 75), Although Weber denied that he was posing a unilineal process of rationalization, he did tend to view legal systems as moving from irrational to rational, and from substantive to formal rationality. Moreover, Weber links his typology of law to his typology of politics. He identified three types of po litical legitimization: traditional, charismatic, and legal. Once again, according to Sterling and Moore (1987: 76), As law becomes rationalized, it becomes its own legitimizing principle in other words, the rule of law, what Weber calls formal legal rationality. This is aided by bureaucracy and professionalization, ensuring calculability or predictability in legal matters and making the system self-contained and seamless, almost totally isolated from moral, economic, political, and cultural interests. Webers modern rationalistic conception of law has suffered a severe critical attack on various fronts since the 1960s. Austin Turk (1976: 276) sums up the critical legal position perfectly: Contrary to the rational model, law is actually a set of resources whose control and mobilization can in many ways . . . generate and exacerbate conflicts rather than resolving or softening them. In short, power is the control of resources and law is power (280). The mere mention of power in relat ion to law is bound to evoke the spirit of Karl Marx (1818-1883). According to Alan Hunt (1985: 12, 20-22), the content, principles, and forms of law are all matters of ideology that is the reflective distortion of reality in any human claim to knowledge, making Webers political legitimation by rule of law nothing more than one opinion among many (sometimes irrational) competing opinions about the proper relation of law and power. Moreover, as Elizabeth Armstrong and Mary Bernstein (2008: 75-76) point out, the modified Marxist argument whereby governments are the only rule makers and social reformers define themselves solely in relation to the state has now become obsolete. According to these authors, culture itself is constitutive of power. If this is true, then law has already lost much of its supposed power merely by definition. Kim Lane Scheppele (1994: 390-400) provides an excellent overview of critical jurisprudence theory, all of it based on the foundational belief that rational jurisprudence theory masks the fact that political interests or power relationships are what really drives the legal systems of Western democracies. An attack on liberal legalism argues that rights, neutrality, and procedural justice are all fictions designed to maintain social inequalities. The indeterminacy thesis argues that contradictions and inconsistencies within the law make purely rational adjudication impossible. There are many particular manifestations of critical jurisprudence theory. Feminist jurisprudence, for example, contends that the way gender is defined socially often makes the law patriarchal and oppressive to women, especially in regard to such issues as abortion, rape, domestic violence, pregnancy, sexual harassment, employment discrimination, child custody, and pornography. Feminists are divided on how to ri ght the wrongs of rational jurisprudence. Some advocate treating women exactly the same as men, while others argue that women should be treated differently. In either case, the objective is to achieve equality with men through the law. Similarly, critical race theory argues that people of color have been oppressed by the law by being silenced or having others speak for them, and they have pleaded vigorously for the opportunity to tell their stories, so their culture and their lives can be treated fairly by the law. In fact, the theme of the relationship of power to the law has been most compelling addressed in terms of the indeterminacy of language itself an argument expressed by Jacques Derrida in his theory of deconstruction. If the rational rule of law is enshrined as a written code, but language itself is open to a diversity of interpretation, how can the rule of law be trusted not to be abused by the judges and lawyers representing a powerful political à ©lite? Critics would argue that such an abuse is inevitable. References Armstrong, E. A., Bernstein, M. (2008). Culture, power, nad institution: A approach to social movements. Sociological Theory, 26 (1), 74-99. Deflem, M. (2008). Sociology of Law: Visions of a Scholarly Tradition. Cambridge: Cambridge University Press. Hunt, A. (1985). The ideology of law: Advances and problems in recent applications of the concept of ideology to the analysis of law. Law Society Review, 19 (1), 11-38. Scheppele, K. L. (1994). Legal theory and social theory. Annual Review of Sociology, 20, 383-406. Sterling, J. S., Moore, W. E. (1987). Webers analysis of legal rationalization: A critique and constructive modification. Sociological Forum, 2 (1), 67-89. Turk, A. T. (1976). Law as a weapon in social conflict. Social Problems, 23 (3), 276-291.