How Humanistic Approach Could Be Integrated in Judicial Management - Research Proposal Example

sе Mаnаgеmеnt in а Justiсе Envirоnmеnt Name Affiliation Introduction Humanistic approach was first introduced by Abraham Maslow and Carl Rogers. Both the scholars are from United States. According to Maslow humanistic approach is concerned with all the issues that are meaningful human beings, its focuses upon all the subjective analysis and experiences of individuals and institutions, unexpected times or events in human lives and the reality that individuals face when interacting with other people (Archie, 2010). Humanistic scholars tend to concentrate on freewill and personal responsibility as well as lay great deal over human experience when explaining issue related to humanistic approach or theory. For one to be able to understand humanistic approach, then great concern on phenomenology; this is based on pure experience and not interpretation is considered. The approach is important as it regards to human essentials trustworthy with more potentials on human fulfillment, growth and development as long as this is conducted in the most appropriate circumstance. The paper seeks to explain how humanistic approach could be integrated in case management especially in judicial management. Management of judicial system has been a problem it today’s global environment with most of the companies and firms struggling with human management. The paper seeks to improve the understanding of the judicial system with respect to integrating it with humanistic approach to have a better case management system. Several theories are incorporated into the approach to improve its understanding as well as diversify its usability. The paper will is structured in such a way that it highlights the aims and objectives of the study, the significance of the study, the theoretical justification of the study and the case management application (Judicial Management). Aim/objectives of the study The paper will explain how humanistic approach could be integrated in case management especially in judicial management. Management of judicial system has been a problem in today’s global environment with most of the companies and firms struggling with human management. The paper will also address the understanding of the judicial system with respect to integrating it with humanistic approach to have a better case management system. Significance of the study With the changing global management system the judicial fatality has also remained traditionalistic; its uses old skull management models and theories as well as frameworks to govern it daily functions. Leaders managing this organization are also old fashioned when it comes to case management systems, thus judicial management has had problems in the past dealing with cases and management of both the capital resources and human capital mandated to them. Therefore, this paper is important as it will address the recommended mode of approach or theory that consists of human characteristics that will bring change to the organization. Despite the fact that the paper is addressed to judicial management, humanistic approach employed in the paper is also applicable to other organizations such as education, business and manufacturing industries. Review of literature Humanism is an approach that guides life basing on both reason and humanity. In the legal profession this approach is important as it values all the available legal moral values; founded on human experience and nature (Smoker, 1998). Humanistic approach is based on basic principles of personal preference rather than relativisms principles that are mostly used by other management approaches. For example in judicial management humanistic values are based on evidence from the accused when handling cases. Humanists believe that human beings can enjoy good things without harming others or making any dame to the environment. Humanists value personal or individual freedom since the freedom and choice contributes to communal or societal happiness, but awareness should be created on individual choice, especially those that contribute to organization productivity or success (Group, 2002). For example, deciding a case in a court would only seems to be a personal decision of the judge, not something that the audience or advocates can influence despite the efforts they place in the case to prove that their clients are not guilty. The decision that the judge makes in every case he/she handles depends on the reliability of humanistic values and morals that the judge has. Therefore, this shows the importance of humanistic approach in judicial management. What motivates humanistic Actions in organizations Humanistic value and moral freedom, justice, happiness are only motivated by the desire to increase improve the above values and make the world a better place. Social scholars believe that we should be able to make the best out of our lives and all the punishments and rewards that come by it should only be considered as bygones. A decent management generally earns respect from its employees and stakeholders. The management should be a place that stays away of disapprovals and punishments as much as it can, but should not be limited to rewards only. Nevertheless, it will be stupid or naïve to reward an individual in an organization yet the reward is not based on sincere appraisal. For example, a manager is mandated upon his discretion to reward employees who have performed well towards organization productivity or effectiveness by promoting or increasing their pay. Management theories that support humanistic approach Most of the theories concerned with organization management differ in many ways. The degree of humanistic nature differs in these theories for example, agency theory and institutional theory. Agency theory This theory comes into two different versions, it is substantially different in many respects, but the difference is based on humanistic values and principles. It is differentiated; principle agent theory and the agency positive theory (Archie, 2010). The first one is based on mathematical perceptions that human beings have towards each other in an organization such as the way a team leader perceives other members of his team whether positively or negatively. This perception is based on human values and morals that govern better workplace development and growth. For example, humanistic approach is integrated into this theory whereby a leader values his team members’ abilities and rewards positive once as well as able to manage them in accordance to human dignity (Smoker, 1998). The second is the positive agency theory that concentrates with only empirical analysis of all practical recommendations and criticism from other people. This second stance does not give way to humanity values since it only relies on positive aspects and despises negative aspects of individuals. According to humanistic scholars an organization is build or developed with both positive and negative approaches hence, the second agency theory approach faces several critics thus, unfavorable for effective and efficient organization. Although both the versions come from economics assumption of human economicus. The assumptions underlined in the assumptions are based on human beings; reflects on unambiguously and unbounded rationality of their preferences and wants based on self interest especially materials goods rather that developmental assets. It is explicit and more formal to see that the principle-agent theory attempts to go beyond human conventional approach but also includes community wider interests. For example, for an organization such as the judiciary it is important for it to have both communal wider interests and human conventional approaches that will be able to govern the functions the principal command that maximizes person’s welfare. Agency theory interests are based on organization efficiency. Human beings utility functions are considered as mechanical model but at the same time the utility represents the intentions that workers have towards the success of the organization. This theory clearly shows the intention and interest of humanistic approach towards organization efficiency. This review of literature is significant as it shows how humanistic approach could be integrated in several theories to show how case management in organizations could be achieved in addition to making sure that such organization work in accordance to humane ethics and codes. The theory also shows ways that could be directive towards improvement in management of the judiciary. Institution theory As with the case of agency theory, institution theory has two substantial differences. The versions are almost opposite. The old and the new institutionalism are the reference of this paper reference case. The new individualism of institution theory comprises of rejection of other humanistic approach principles (Archie, 2010). The new individualism version of institution theory emphasis most on individual or personal perspectives of organization success and not the interests of the entire organization. This version of institution theory clearly shows the violation that the theory depicts about humanistic approach. It does not consider the interest and views of other people when conducting the welfare of an organization as it only considers the individual interests of the stakeholders. Many organizations in the world today are faced with the problem of individualistic leaders. For example, the management of judicial offices is guided on individualistic leaders who do not care about the preferences and interest of other employees. The old individualism version spots the importance of humanistic values such as management of all the interests of employees and managers of organizations. Application of humanistic approach to judicial management Humanistic approach is a problematic and complex issue for the judiciary. For judges to operate within the recommended judicial system of the government it is not whether they should implement humanistic approach, but how they should balance judicial independence and humanistic management (Group, 2002). The problem that judicial management faces is the inconsistent judicial independence and efficiency in the administration of justice. One of the loops holes that the management seeks to close with the assistance of humanistic approach is the management of humanistic values and morals within the organization. For example, mismanagement of employees in the organization that has risen due to poor cultural norms and values interfering with human nature and management by determining the best human values. This can be attained by structuring judicial management system. This will give the organization a bigger view on how to handle human values and interests. Humanistic approach is well governed with collective values and norms that any organization should be able to implement for future success and efficiency of the organization. Consideration of this approach in the judicial system offers the management a new version of management that starts with workers (human interests). Conclusion Judicial management is one of the complex management systems in every government. The ideal workmanship of such this approach is valued when the human nature is extensively valued in all spheres of work. Consideration of personal as well as society perceptions of the judiciary is important so as to change its management. Implementation and use of humanistic principles such as management of human values and norms; ethics and morals will help change of judiciary which has been accused by many as most corrupt government departments. Reference Archie, B. (2010). Management of Judicial System: Case Stusy of Australia. Legal Management Review , IV, 1-21. Group, H. P. (2002). What is Humanism? Legal Review , 1-12. Smoker, B. (1998). ‘Humanism’ . (British Humanist Association) , 12-16. Read More