Thursday, 24 November 2011

Relationship between Accountability and Obligations

     I have chosen the cited caption for today's blog as in the present day the term 'Accountability' is talked about very often and especially when a wrong has been detected.  But the reality that exists is that. accountability does not arise only after the detection of the wrong but commences right from the conception to do an act.  This is obvious from the semantics of the term 'accountability' which only points out that it is 'a responsibility to fulfill one's obligation.  Moreover, the term 'obligation' points out that it consists of rights to be exercised and duties to be performed and in that course acceptance of liabilities, if any, that may arise.  Therefore, accountability is implicit once a relationship gets established . It will, therefore, be a misconception if it is understood to arise only after the wrongs have been detected.  Rights and duties arising out of any relationship are correlative and it creates a binding effect on the parties.  This sense of proportion is to be borne in my mind as it is only then the performance of rights and duties by the respective parties in the relationship will go in the right direction and which may even help in the avoidance of the commission of wrongs as well.  Above all, it is the 'Obligation' which grants the power to perform the rights and duties and as a consequence accountability also follows.  In fact, it is not for every feasance (doing an act) accountability will be called for so long as as the said feasance is intravires,  while accountability, as is normally understood in terms of fiduciary liability, will be called for only for misfeasance (doing a lawful act in a wrongful way) or for  malfeasance (doing an illegal act or an act being positively unlawful) or on certain occasions for nonfeasance (omission to do an act) with which one is vested. It would, therefore, be fit and proper to understand the precept of accountability from the inception of the relationship itself. rather than taking defenses.when accountability is sought to be fastened...  ..

Wednesday, 23 November 2011

Essentiality of harness

     In general parlance the  term 'harness' denotes an equipment required for a task  Possession of an equipment,therefore, becomes essential and the choice of choosing an equipment is consequentially left in the hands of the performer of the task. Hence, equipment may vary from person to person.  But mere possession of equipment alone may not suffice unless the chosen equipment is one befitting the purpose for which it is intended.  The equipment referred to  is not confined  only to tools and implements in the real sense of the term, but also includes mental equipment in cases where such a an equipment is a sine  quo nom. In this circumstance the mental equipment must also be functioning naturally and normally so that the given task on hand is accomplished in the desired manner.  One factor which may impede the mental  equipment to give its real output is its working beyond the optimum limit.  Therefore, care should be taken to avoid granting over work to the mental equipment.  In the present day I find persons working as night owls tend to  forget that the mental harness, given as a gift by the Omnipotent, is meant to be preserved throughout the life span of a person. It is, therefore, essential  that harness required in any form is to be preserved, if it is feasible to do so, and such preservation is to be observed as a precept so that the harness so preserved will serve as a  better equipment for the next day.  .
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Tuesday, 22 November 2011

Res Gestae in life cycle

     This caption has been derived from Latin language, which as an academic in Law, was  used  especially while teaching Law of Evidence to the student community..  The significance of this term is pointed out as  'forming part of the same transaction' .  This term, being a rule of evidence, is used to find out the 'cause and effect' of the transaction  In fact, but for the application of this term the decision may go haywire and the reality cannot be got fixed.  Such being the import of this term, the semantics of this is also applicable to one's life cycle also. It may be directly said at this stage  that our human system  is no exception to this phenomenon.  In every person's life, for every action done there will be a prime cause and an effect following the same although many other causes and  many other effects following.. While deciding a case on hand the prime cause is  taken into account. and at the same time  all other causes following the same will also be considered in order to  pinpoint the ultimate effects..  While doing so this precept of Res Gestae is adhered to which will serve as an eye opener for the deciding authority  This principle applies to the same degree  and in the same vein to every action performed by a person in his life cycle and no human is an exception to this.  Hence it is always better to perform actions in such a manner that there will be coherence between the act done and the effect arising out of the same which alone fulfills the desired desire.....  .  .   ., 

Monday, 21 November 2011

Feats 'On the Chair' & 'Off the Chair'.

     I was thrilled to note that I was able  to complete Blogs in the single digit order and entering the double digit figure though I started writing blogs at a little late stage.  Ever since this fulfilment I have been ruminating about a precept which was occupying my mind and which in my view was one of the causes for the arisal of the dissatisfaction to many and hence chosen a caption for today's blog..

     Every person is endowed with a personality of his own and a shade of personality based on his status.  When this person performs actions the same is tested to find out the exact outcome and its consequences.  This exercise is being done since outcome of any action willl only reveal the mind set of such person with reference to such an  outcome.  This exercise would, therefore, reveal from which Chair the outcome has come.  If the outcome is based  'On the Chair' it would point out the power and authority associated with Chair and consequentially a relevant mindset having been framed for that purpose.  This attitude cannot be said to be meaningless since every person occupying a status has to wield some power and authority commensurate to his status.  But the question is whether the same degree of exercise of power and authority  be also carried forward to an action 'Off the chair'..  The answer is obvious in the sense that the same degree of exercise should not be adopted.  The reason is that for every action 'Off the Chair', not only the action and its outcome will be different and that a different  mind set is required for this purpose.  For instance a teacher in a class-room is a different personality and his status at home is a different one.  This analogy holds good for every person.  In other words, though it is the same individual who would be the doer of actions it is but advisable that every person takes care to see that his actions are not the same and only suited to the purpose since it is only then one would be able to understand that the personality in one sphere does not clash with the other..  The adoption of this precept and practice therefor will be a panecea for surmounting all the obstacles and difficullties and hence ,balancing the Chair' is a must. .   ..

Sunday, 20 November 2011

Pragmatic endeavors

     It is since a month I sat to continue  to write my blog and this respite had been occasioned due to my involvement in adhering to certain religious precepts and  practices.  However,  this respite had given me time to  do some introspection on the values inculcated by my father who laid down his life at the ripe age of 96 and hence  I have started  today my action  to write blogs  on the values which have been  imbibed by me.from him.  Infact today's blog  forms part of one such values.

     I endeavor to write on Precepts and Practices only to highlight the cause for which various Precepts have been carved out and how best such precepts are to be practised.  Endeavor cannotes effort or undertaking and hence  when a person has chosen an endevor he should not resile from the same for flimsy reasons unless it reveals that pursuance of such an endeavor is harmful in some way or the other.  It, therefore, becomes a must for every person to keep endeavoring on some mission or other which suits his interests best.  Hence procrastination of such an endevor is not in good taste.  Though one may endevor,.it should not be forgoteen that pragmatic endevor would yield best results.  This means that endeavor made with practicals and practicability in mind would lead to sustained progress and development.      .  .