Public Policy and Courts


Public policy is a broad concept that is impossible to define precisely. Perhaps the only realistic way to define it is to say that a court’s view of public policy is determined by what the court feels is in the best interests of society. Public policy may change with the times; changing social and economic conditions may make behavior that was acceptable in an earlier time unacceptable today, or vice versa.

There is therefore no simple rule for determining when a particular bargain is contrary to public policy and illegal. Public policy includes immoral and unethical agreements, even though they may not call for the performance of an illegal act. The courts have broad discretion in ruling on questions of public policy, and the discretion can provide the legal system with a degree of healthy flexibility. However, the courts may differ in their views of what constitutes desirable public policy—a difference that can make  a contract legal in one state/province and illegal in other.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Reinforcement Theory and Learning


Reinforcement theory, also called operant conditioning, is generally associated with the work of B. F. Skinner. In its simplest form, reinforcement theory suggests that behavior is a function of its consequences. Thus, behavior that results in pleasant consequences is more likely to be repeated, and behavior that results in unpleasant consequences is less likely to be repeated.

Reinforcement theory further suggests that in any given situation, people will explore a variety of possible behaviors. Future behavioral choices are affected by the consequences of earlier behaviors. Cognitions also play an important role. Thus, rather than assuming a mechanical stimulus-response linkage suggested by the traditional classical view of learning, contemporary theorists believe that people consciously explore different behaviors and systematically choose those that result in the most desirable outcomes.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Law in Business


A person who is involved in business is also involved in the law concerning business. Making contracts and using negotiable instruments—both of which are legal concepts—are the essence of business. Business and law were closely associated even when there were few lawyers and business managers spent relatively little time with them. The growing importance of law in business, however, is shown by the rapid increase in the use of lawyers by people in business. In recent years, the number of corporate counsel, the full-time lawyers who are employed by corporations; has been growing faster than the number in any other category of attorneys. Law firms that serve primarily business people have also been expanding at a great rate. Even the smallest businesses turn to lawyers frequently.

In the past quarter century there has been a qualitative as well as a quantitative change in the concern of business managers with law. In earlier times, business managers generally employed lawyers only in emergencies. A lawyer might be engaged if a summons to appear in court was received, if a businessperson could not collect a debt that was due, or if a supplier’s goods were defective and no settlement could be reached. Lawyers are still sought out when such things happen today. However, more and more, business managers employ lawyers to help them plan to avoid such emergencies and comply with a rapidly growing mass of legal rules imposed on business operations by government bodies. This use of lawyers by business people is called preventive law.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Adapting to Change


Competency models provide a tool for determining exactly what skills are required to meet the different needs of the present and probable needs of the future. For example, general agents of a life insurance company are responsible for managing the overall operation of the agency. With increased competition the focus shifted to strategic marketing, territory development and building leadership teams. The company was concerned that the people it was selecting to fill the agent’s role might not be able to meet the challenges of the changing business environment. By using a competency model to determine what behaviors the general agents were now required to perform, the company realized that the job was very different from what it had been five years earlier. Consequently, the company could begin to adjust in selection criteria to reflect the changing demands of the role. It could also ascertain the training needs of the current general agents by identifying their skill gaps and deciding which of those gaps ought to be addressed immediately to ensure high performance.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

Erosion Measures


Erosion measures refer to natural remnants of some individual’s or group’s activity that has selectively worn down certain objects. For example, if you are working in a nursing home, you might determine what the most popular activity in that home is by observing where the rugs are most worn. It might be in front of the television set or in front of the windows where people spend time looking out at the street. This could give you a possible measure for evaluating changes in the group’s activities.

 Other erosion measures might include decay and breakage. Active or aggressive physical activity can be inferred from the number of broken items (for example, windows) in a school or ward. The frequency of repair, replacement, or cleaning of certain objects in a setting may be used as an indicator of frequency of usage.

 When using erosion measures be sure that unrelated factors are not the reasons for observed changes. For example, a new junior’s zeal in cleaning may be responsible for changes in the patterns of use as detected by wear and tear on the floor. Similarly, it would help to know the amount of ordinary wear and tear on objects so that any excessive erosion or wear and tear can be related to target behaviors with more assurance.

 The second category of physical traces is accretion measures. These are objects deposited by clients in a given setting or the ordinary debris left by client interaction with or consumption of material. Thus, many of the behavior produces described earlier could be considered as accretion measures. Accretion measures also often focus on analysis of remains or even rubbish.

 Reliability and validity concerns are as important when using physical traces as they are with other measures, and these concerns are especially important when physical traces are being used to make inferences about behaviors.

 My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight