Wednesday, February 26, 2020

Critically evaluate both the ontological and epistemological Essay

Critically evaluate both the ontological and epistemological assumptions which underpin one of the philosophical traditions disc - Essay Example The paper closes with a snippet review of the criticisms to the theory and possible reactions to these criticisms. Ontology defines the nature of something while epistemology defines the knowledge of something. The epistemological basis of postmodernism demonstrated in this paper is evolutionary. One of the ontological standing of postmodernism elucidated in this paper is social constructivist. This ontological standing moves that the status of entities depends on their involvement or lack of involvement in discourse. It holds that it is only entities constructed or produced through discourse that are real (Baldwin et. al. 2004, p.31). Postmodernism also uses a realistic ontology that uses two realms; discursive and extra-discursive realms. Here, postmodernism postulates that entities can exist in either realm with respect to its relationship with discourse. According to this ontological standing, all entities start from the extra-discursive realism before moving into the discursive realm. The transition into discursive realm occurs when an entity becomes the subject of discourse. In the extra-discursive realism, entities exist as existents and changes into beings when they get into the discursive realm (Crowther & Green 2004, p. 44). Postmodernism believes that identifying an entity is equivalent to changing it from existent to being. It follows that nothing that can be said about existents until they get into the discursive realm. The following sections evaluate these ontological and epistemological assumptions of postmodernism, more so, in organizational studies. Post-modernity is an object of both scorn and celebration in both cultural colloquial speech and intellectual discourses. Its repeated usage and persistent controversies have made it take up several forms. The ambiguity that surrounds the term emanates from people’s diverse usage of the term so as to suite their intention. Typically, though, it denotes the historical period that succeeds mode rnity. Modernity describes the period between the sixteenth and mid twentieth century (Aritz & Walker 2012, p. 41). It emerged from the death of medieval ignorance and superstition, and the rise of reason and truth. There are a number of elements that characterize modernity. Commentators of postmodernism differ on the basis of their favored side of the proponents of postmodernism. There are postmodernists who welcome and affirm change, albeit there have been critics who observed that the appropriation of this stance is questionable. Other postmodernists are skeptical about change and seek to see the change that challenges modern rationality (Crowther & Green 2004, p.45). Clearly, it is not plausible to dichotomize modernism and postmodernism. Rather, it is apt to appreciate their co-existence in a constitutive relationship that is mutual. The two need each other so as to come out as coherent and distinct. Postmodernism reshapes almost all aspects of life including, work, social rela tions, politics, communication, education and warfare. The transition period between the twentieth and the twenty first century saw the emergence of several developments. Industrial capitalism declined and gave way to a global information-age economy. This came with an inexorable expansion and consolidation of markets. There were also innovations that resulted from telecommunication technologies and computing. These innovations improved the exploitation of temporary opportunities

Sunday, February 9, 2020

Although consideration is often referred to as the 'badge of Essay

Although consideration is often referred to as the 'badge of enforceability' for a contract in English law, in assessing the - Essay Example However, under the doctrine of promissory estoppels, any party can recover what it has rightfully earned, or the value of detriment suffered by reliance on the agreement, even if a court decides there is no legal contract (MacMillan & Stone, 2013 p.27). Thus, consideration forms one of the fundamental elements of a legally binding agreement, and is often referred to as the ‘badge of enforceability’ for a contract in English law. However, in assessing the validity of a variation in the terms of an existing contract, consideration is but one line of argument. This is because: Consideration is regarded by the English courts as the principle way of determining the existence of a contract (MacMillan & Stone, 2013 p.34). The significance of consideration as a vital aspect of a contract in English law is that; it is through the existence of consideration, that the other essential elements of a legally binding agreement are fulfilled. ... However, while this aspect is a principal requirement in the English contract law, there are further assessments that might be made; in spite of the mere fact that consideration really existed in the contractual agreement, which then nullifies the agreement as unenforceable. Therefore, while consideration forms a fundamental building block as far as the English contract law is concerned, it has emerged that it is not indispensable, and thus there are circumstances under which the courts can regard a contractual agreement that did not entail consideration to be legally binding, while also nullifying a contractual agreement that involved consideration as unenforceable in law (Gillies, 1988 p.72). This simply means that, despite the fact that consideration is a cardinal requirement in the English contract law, it must be interpreted in the context of other principles of a binding contract, and thus consideration is but one line of argument. First, despite the fact that consideration cou ld really exist in a contractual agreement, there is limitation offered to the concept of consideration, which states that past consideration is not consideration (Busch, 2005 p.33). This legal requirement then makes consideration but one line of argument; because it clearly shows that the mere existence of consideration is not sufficient to make an agreement legally binding, since if consideration is past, the contractual agreement will be regarded unenforceable, despite the existence of the consideration (Schulze, 2007 p.49). This principle has been established and demonstrated in various case laws, which has served to show that consideration is a