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Vol. 4, No. 1

July 2015

International Journal of Humanities & Social Sciences

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AAJHSS.ORG Vol 4, No 1 – July 2015 Table of Contents Drafting international commercial contracts: Lessons from recent European Union case laws Dr Anowar Zahid and Mazenah Binti Hassin

A critical discourse analysis of Sen. Santiago’s speech: “Navigating the crimes of the plunder mastermind” Dr. Blessa Kay F. Caballero

Transforming school principal: From the Nepalese private school teachers perspective Babin Pokharel

Traditional Akan Ethics: Relevant or Trash to Ghanaians Today? George Anderson Jnr. (M. Phil.)

Cross-situational specificity and cognitive, emotional and behavioural choices: A new model in the teaching and practice of cognitivebehavioural therapy Dr George Varvatsoulias

International Journal of Humanities and Social Sciences p-ISSN: 1694-2620 e-ISSN: 1694-2639 Vol. 4 No. 1, pp. 1-7, ÂŠIJHSS

Drafting international commercial contracts: Lessons from recent European Union case laws Dr Anowar Zahid Faculty of Law Universiti Kebangsaan Malaysia (National University of Malaysia) Bangi 43600, Selangor, Malaysia Mazenah Binti Hassin LLM Student Faculty of Law Universiti Kebangsaan Malaysia (National University of Malaysia) Bangi 43600, Selangor, Malaysia

Abstract Choice of law and choice of forum clauses of an international commercial contract may sometimes be used to evade the application of any domestic or international law. This is so done by the principle of party autonomy. However, the parties cannot avoid the mandatory rules of such laws. Lawyers drafting commercial contracts should be mindful of this limitation on the autonomy principle. The recently decided English and German cases depict this tension and sends a note of caution for international commercial lawyers. This paper makes a brief review of those cases and highlights the said limitation coupled with some suggestions. Keyword: Choice of law clause, choice of Forum clause, Party Autonomy, Freedom of Contract, Pacta sunt servanda, Mandatory rules, Commercial Agents (Council Directive) Regulation 1993. Introduction The principle of party autonomy is a basic principle of international commercial contract law. It posits that the parties are free to choose and agree upon the terms and conditions of their contract (Ramberg,2011; Meiselles, 2013). The lawyers who draft the contract should couch them carefully so that they reflect exactly the intents of the parties (Fox, 2009). Once signed, sealed and delivered, the terms and conditions are sacred. The principle of pacta sunt servanda dictates that parties are bound by the contract; no departure is allowed unless consented to by both parties (Sanson, 2005; Zahid and Shapiee, 2010). However, mandatory rules are an important limitation of the autonomy doctrine (Ramberg. 2011; Bortolotti, 2010). Those rules are such as cannot be avoided by the parties. Even if the parties do not incorporate them in the 1

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contract, they (mandatory rules) shall apply in the event of a dispute. National and international public policy justifies their application. Given the importance of mandatory rules, it is a must for international commercial lawyers who are engaged in drafting contracts to educate themselves in the applicable mandatory rules to avoid likely hassles their clients may face, if there ensues a dispute. In this respect, the recent English and German case law is instructive.

English Cases: Fern vs Intergraph Facts of the Case In this case, Fern was the agent of Intergraph in the European Union (EU). Fern was based in Derbyshire, England, while Intergraph is a US software company based in Texas. The agency agreement between them contained the law and forum clause as follows: THIS AGREEMENT SHALL IN ALL RESPECT BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS USA (EXCLUDING ITS CHOICE OF LAW PROVISIONS) REGARDLESS OF THE PLACE OF ITS EXECUTION OR PERFORMANCE. For the benefits of {Intergraph}, {Fern} hereby irrevocably agrees that any legal action, suit or proceeding arising out of or relating to this Agreement shall be brought in the courts of the State of Texas sitting in Houston, Harris County, Texas or in the United States District Court for the Southern District of Texas. By the execution and delivery of this agreement, {Fern} hereby irrevocably consents and submits to the exclusive jurisdiction of such courts in any such action, suit or proceeding arising out of or relating to this agreement in the courts of the State of Texas sitting in Houston, Harris County, Texas or in the United States District Court for the Southern District of Texas, and irrevocably waives any claim that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

Intergraph terminated the contract with Fern. Fern claimed that it was a commercial agent for Intergraph, and as such, was entitled to compensation under the UK Commercial Agents (Council Directive) Regulations 1993 (http://www.legislation.gov.uk).i It filed two claims- one for compensation for breach of the Regulations, and the other for unpaid claim under the agency contract in the High Court of England and Wales, despite the clear wordings of the law and forum clause as above. Because the Defendant is based in Texas, Fern filed an application to serve out of jurisdiction. Under such an application, the claimant had to satisfy the court that the claim could pass through any one of the gateways under Civil Procedure Rules (CPR) 6, and that the claim had merits. Fern was claiming that it could pass through the gateway because the contract was governed by English law, and because of the fact that the contract was breached within the jurisdiction. Leave to serve out of jurisdiction was obtained on 29th October 2013.

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In order to pass through the gateway, Fern relied on the decision of Tugendhat J in Accentuate case (2010) discussed further below, which also concerned a claim under the above Regulations. In Accentuate, the permission to serve out of jurisdiction was allowed under subparagraph (6)(c) of the Practice Direction to CPR 6, which provides that „a claim is made in respect of a contract where the contract… is governed by English Law.‟ Fern‟s leave to serve out of jurisdiction had been given on the grounds that the English Courts were the proper place to hear the claim, there was serious issue to be tried, and the claim satisfied the said sub-paragraph (6)(c). When Intergraph became aware of the order, it filed this application to set aside the said order granting leave to serve out of jurisdiction. In this application, the English Court was asked whether a clear Texas governing law and Texas jurisdiction clause should be set aside on the basis of an alleged infringement of the UK implementation of the Regulations. Intergraph argued that the Regulations did not apply because the contract was governed by Texas law, as per the law and forum clause, which, in the present scenario, was unchallengeable. So, Fern could not pass the gateway in sub-paragraph 6(c) of the Practice Direction to CPR 6. In doing so, Intergraph was relying on the sanctity of party autonomy principle and the doctrine of pacta sunt servanda. Fern, on the other hand, invoked domestic law to escape the unfavorable effect of the law and forum clause. Court’s Judgment and Rationale With regard to Fern‟s first claim, the judge held the view that a claim for compensation under the Regulations was not contractual, rather statutory, which could not be avoided given its mandatory nature as provided for in Paragraph 19 of the Regulations. It (Paragraph 19) provides that the parties cannot derogate from regulations 17 and 18 (i.e. entitlement of commercial agent to indemnity or compensation on termination of agency contract, and grounds for excluding payment of indemnity or compensation under regulation respectively). As such, any attempt to avoid the statute (Regulations) would be void and attract the jurisdiction of the English court. In coming to this view, the judge referred to the obiter dicta by Lord Hoffman in the case of Lonsdale (2007). At paragraph 38 of his judgment, he said A close study of the Regulations confirms that they are not themselves directly contractual. .. They acknowledge the existing contract as an actual higher or parallel contract and (as observed above) they are not implemented by means of an implication into the contract. They acknowledge the existence of the contract to which they relate as a separate legal concept … and override it to the extent that there are frequent bars on derogation from the regulations. Any attempt to derogate from them would be likely to be via a contract, and the effect of the Regulations is to bar the operation of a contract in that respect. So the rights given by the Regulations are definitely not contractual as that word would normally be understood. This conclusion is supported by the speech of Lord Hoffman in Lonsdale vs Howard & Hallam Ltd [2007] 1 WLR 2055 … where he contrasts the claimant‟s “contractual entitlement” with his additional “statutory entitlement to compensation.

The UK Regulations in questions have implemented EU Council Directive 86/653/EEC on the Co-ordination of the Laws of Member States Relating to Self-employed Commercial Agents (http://eurlex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31986L0653). The spirit behind the Directive 3

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and hence the Regulations is to protect the commercial agents in the European Union. To quote the European Court of Justice in the case of Ingmar (2001), 24. The purpose of the regime established in Articles 17 to 19 of the Directive (same as the UK Regulations provisions in questions) is thus to protect, for all commercial agents, freedom of establishment and the operation of undistorted competition in the internal market. Those provisions must therefore be observed throughout the Community if those Treaty objectives are to be attained. 25. It must therefore be held that it is essential for the Community legal order that a principal established in a non-member country, whose commercial agent carries on his activity within the Community, cannot evade those provisions by the simple expedient of a choice-of-law clause. The purpose served by the provisions in question requires that they be applied where the situation is closely connected with the Community, in particular where the commercial agent carries on his activity in the territory of a Member State, irrespective of the law by which the parties intended the contract to be governed. (emphasis added by the Distributor).

As for the second part of Fernâ&#x20AC;&#x;s claim, the judge held that the claim for unpaid remuneration was a claim under the agency contract. Since parties had agreed that the governing law for the contract would be the law of Texas, and the forum would be a court in Texas, he did not interfere and rightfully refused to open the gateway for Fern to pass. The Judgeâ&#x20AC;&#x;s view about the first claim, however, opened up new possibilities for future litigation for claims made under the Regulations, at least in the English jurisdiction. The judge was not comfortable in this respect (Fern vs Intergraph 2014). According to him, the Regulations apply in relation to the activities of commercial agents in Great Britain. In light of Ingmar and the arguments of Intergraphâ&#x20AC;&#x;s counsel, the Judge maintained that the breach of a statutory duty could conceptually be a tort for the purposes of CPR 6. As such, he ruled out possibilities that a claim to serve out could be made in respect of a tort where, inter alia, damage is sustained within the English jurisdiction under gateway 20. While ruling that the leave to serve out obtained earlier be set aside, the judge had, therefore, adjourned the hearing in order to give opportunity to both parties to submit on whether Fern should be allowed to amend the application so as to be able to argue on this point. In order for the Judge to open the case for further submission, he established the merits of the case in that the software in the CD were goods and Fern is a commercial agent within the meaning of the Regulations.

Accentuate Ltd v Asgira Inc In this case, Asgira, a Canadian company, engaged, by an agreement concluded on 17th January 2004, Accentuate, an English company, as its agent to distribute its software in the UK. The parties chose the laws of Ontario and federal laws of Canada to govern their contract and Toronto as the forum for dispute settlement by arbitration. Asgira sought to terminate the contract in November 2006. At this, Accentuate notified Asgira that it was preparing a claim against the latter for a claim for breach of the contract and with a further claim for compensation under the Commercial Agents (Council Directive) Regulations 1993. Asgira sought a declaration from 4

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the Toronto arbitral tribunal that Accentuate did not have any claim under the distribution agreement. On the other hand, the High Court in England declared the choice of law and forum clause null and void as that would not enforce the mandatory law of EU, namely the said 1993 Regulations. Confirming its jurisdiction over this case, the High Court declared the unenforceability of the Canadian arbitral award on grounds of public policy.

German Cases In several German cases, a similar line of mandatory rules approach, as in the UK, has been taken. Whenever the German courts had the fear that the selected law and forum would not honor her mandatory rules, they declined to relinquish their jurisdiction. For example, in a German Supreme Court Case (2013), in November 2095, an American company based in Western Virginia entered into an agency contract with a German sales agent to sell its products in Europe. The parties submitted the agreement to Virginia law and chose Virginia as the forum for dispute settlement. In April 2009, the American principal terminated the agency contract. As Virginia law did not provide for any right to post-termination indemnity, the German agent brought the matter to a German court (District Court in Heilbronn) under the German Commercial Code (GCC), which implements the same EU Commercial Agents Directive referred to above. Later, the case went to appeal (the Higher Regional Court of Stuttgart) and then, to the German Supreme Court. All the three courts accorded an overriding effect to the mandatory rule of commercial agent‟s right to indemnity established by the EU Directive. In doing so, they relied, in the same way as English courts did, on the public policy argument of the ECJ Ingmar case mentioned above.

Conclusion: Comments and Suggestions As noticed above, the EU Commercial Agents Directive has designated its provision of indemnity for termination of agency contract as non-derogatory. Ingmar case has upheld this as a public policy of the European Union. As such, the national courts, particularly English and German courts, have taken the matter seriously. They have gone to the extent of invalidating the choice of law and forum clause or arbitration agreement of the parties concerned. Instead, they have applied their jurisdiction and enforced the mandatory rules principle on the public policy ground. This is a new trend in the EU, which is a disregard to the party autonomy principle. That is why, this is critiqued as “tension” creating in international litigation and arbitration (Antomo, 2013). To address this issue, it has been suggested that an EU court should not, in the first, entertain any matter that has been submitted to a non-EU jurisdiction and law even though it involves mandatory rule(s). It may interfere only when it is certain that the chosen forum or arbitral tribunal shall not apply the mandatory rule or shall not apply any other rule with similar result (Antomo, 2013). However, this suggestion is not above question. That is, before the final disposal of the matter by a foreign court or arbitral tribunal, how can an EU court be sure that the foreign court or tribunal shall not apply the mandatory rule or a similar rule of similar effect? Rather, it (EU court) should wait until the non-EU court finally disposes of the case. If the nonEU court or tribunal does not apply the mandatory rule or a similar rule, the EU court may refuse to enforce the judgment or award and may try it afresh (See Bortolotti, 2010). In this way, it is submitted, the ends of both autonomy principle and mandatory rule principle will be served in a balanced and justified way. Now, the EU courts have two alternative ways to follow in respect of a matter that entails a mandatory rule(s). One, they may persistently disregard the parties‟ choice of law and 5

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forum/arbitration clause and decide cases according to their own law. Or, they may adopt the suggestion given above. In either case, the contract drafters have lessons to learn. They must educate themselves of the mandatory rules both of the chosen law and jurisdiction, and also of the law of the jurisdiction where the judgment or award will be enforced. With that knowledge, they should draft the applicable law clause in such a way that mandatory rule of the EU law is respected and there remains no scope or need of interference by the jurisdiction responsible for enforcement of the judgment or award. .

References: Antomo, J. (2013): German Supreme Court strikes down choice of court agreement prorogating courts of Virginia at http://blogs.law.nyu.edu/transnational/2013/04/german-supremecourt-strikes-down-choice-of-court-agreement-prorogating-courts-of-virginia/ Bortolotti, F. (2010): Drafting and Negotiating International Commercial Contracts. Paris: International Chamber of Commerce (ICC) Fox, W.F. (2009): International Commercial Agreements: A Primer on Drafting, Negotiating and Resolving Disputes. Netherlands: Kluwer Law International. Meiselles, M. (2013): International Commercial Agreements. Edinburg: Edinburg University Press. Ramberg, J. (2011: International Commercial Transactions. Paris: ICC and Stockholm: Norstedts Juridik AB. Sanson, M. (2005): Essential International Trade Law. London: Cavendish Zahid, A. and Shapiee, R. (Autumn 2010): Pacta Sunt Servanda: Islamic Perception Journal of East Asia and International Law, 3(2):375-385. Primary Materials: Case Laws Accentuate Case (2009), Accentuate Ltd v Asigra, [2009] EWHC 2655 (QB). Fern vs Intergraph [2014], Fern Computer Consultancy Ltd vs Intergraph Cadworx &Analysis Solutions Inc [2014] EWHC 2908 (Ch) available at http://www.bailii.org/ew/cases/EWHC/Ch/2014/2908.pdf last accessed on 28 December 2014. German Supreme Court Case (2013), Sep. 5, 2012 â&#x20AC;&#x201C; VII ZR 25/12 = 2013 Internationales Handelsrecht (IHR), 35. Available at: <http://juris.bundesgerichtshof.de/cgibin/rechtsprechung/document.py?Gericht=bgh&Art=en&az=VII%20ZR%2025/12&n r=61762> Ingmar (2001), Ingmar GB Ltd v Eaton Leonard Technologies Inc [2001] 1 All ER 329. Lonsdale (2007), Lonsdale vs Howard & Hallam Ltd [2007] 1 WLR 2055. Legislative Instruments Commercial Agents (Council Directive) Regulations 1993 available http://www.legislation.gov.uk/uksi/1993/3053/made/data.pdf accessed on December 2014.

at 28

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Council Directive 86/653/EEC on the Co-ordination of the Laws of Member States Relating to Self-employed Commercial Agents (OJ No. L382, 31 December 1986, p. 17) available at http://eurlex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31986L0653 accessed on 28 December 2014.

Endnotes:

The Regulations set out the rights and obligations as between commercial agents and their principals (regulations 3 to 5) and deal with remuneration (regulations 6 to 12), and the conclusion and termination of the agency contract (regulations 13 to 16).They contain provisions relating to the indemnity or compensation payable to a commercial agent on termination of his agency contract (regulations 17 to 19) and also to the validity of restraint of trade clauses (regulation 20). The Regulations provide for minimum notice periods and compensation to be paid in most situations to an agent unless termination results from material breach by the agent. The full text of the Regulations is available at http://www.legislation.gov.uk/uksi/1993/3053/made/data.pdf

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International Journal of Humanities and Social Sciences p-ISSN: 1694-2620 e-ISSN: 1694-2639 Vol. 4 No. 1, pp. 8-34, ©IJHSS

A critical discourse analysis of Sen. Santiago’s speech: “Navigating the crimes of the plunder mastermind” Dr. Blessa Kay F. Caballero College of Social Sciences and Humanities Mindanao State University Marawi City, Philippines Abstract This paper is analytical in nature as it explored the discourse of Sen. Miriam Santiago in her privilege speech on December 4, 2013 entitled “Navigating the Minds of the Plunder Mastermind”. It shows the kind of public speaker and leader that she is. As a public speaker and a nation‘s leader, her opinions have great political and national impact. The researcher used the Critical Discourse Analysis (CDA) both as a methodology and as a theoretical background. It provided answers to the question: What are the linguistic, discursive, and ideological patterns that can be gleaned from the text? The analysis involved a three-dimensional model showing how these patterns interplay. The text analytic activity is not done in isolation; rather, the researcher accounted the larger context. The meaning of a text derives not just from the words on the page but also from how those words are used in a particular social context. One of the findings of this study revealed that hyperbole is put to maximum use. For example, the speaker‘s quarrel or exchange of accusations with Enrile is compared to the ―Clash of the Titans‖ in Greek mythology and Armageddon. Discursively, the speaker‘s relentless attack falters by her employment of argumentum ad misericordiam. Ideologically, the speaker draws a Utopia, a fresh and shining territory free of the forces of darkness that can rise from the fen of corruption only if and when Enrile and his ilk, his minions, are put behind bars to pay for their crimes against the people of the Republic. The final output of this research is the corpus of words, phrases and expressions used in this speech of Sen. Santiago and build up from there a set of conclusions, recommendations and implications gleaned from the findings of this study. Keywords: critical discourse analysis, privilege speech, public speaking, communication, language studies Introduction When studying discourses and its relationship with the context of the discourse, Critical Discourse Analysis (CDA) immediately comes into the picture. CDA shows how text and discourse practices can give access to social identities and social relations (Phillips and Jorgensen, 2002). In fact, CDA for Fairclough (1989) is concerned with the assumption that language use is both socially shaped and socially shaping, meaning, texts and discourses are socially constitutive of social identities, social relations and systems of knowledge and beliefs.

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In Critical Discourse Analysis, privilege speeches by Senators during the Senatorial hearings are considered discursive practices through which texts are produced and consumed. When one Senator delivers a speech, he is producing a text while those who are sitting and listening are consuming the text. This study investigated how, specifically, Sen. Santiago, justified her ideas and persuaded her audience by using subtle ideological discourse structures. Power relation is manifested here because of the significant position she has in the government. Language is powerful not by itself, but through people with power. Genuine interest in gaining a deeper understanding of the mechanics both linguistically and ideologically made the researcher pursue this study. The speech is not only a medium to communicate but a machine that generates the social world. CDA is applicable in the process of describing and interpreting not only discourse in social context but it also offers an explanation of why and how discourse works. It revolves around the idea that discourse is an important form of social practice which both reproduces and changes knowledge, identities and social practices and structures. It plays an active role of discourse in constructing the social world. There are different fields and topics which warrant or invite CDA to perform its valuable job; however, if there is one social field that is most fitting here, it is the speeches of the nationâ&#x20AC;&#x2DC;s leaders, the lawmakers, or the legislatorsâ&#x20AC;&#x201D;the Senators. This corpus of data immediately suggests itself for, as van Dijk (2004) has opined, is the preeminent site or field for opposed groups, power struggle and conflicting interests. In order to compete, they need to be ideologically conscious, organized and engaged. These consciousness and organization are made visible through the privilege speeches that they deliver during Senate hearings and embodied in these speeches are patterns of language use. In the light of these foregoing claims, this study sets out to analyze the texts and discover their relations to their respective context and to investigate the social function of language as a powerful element in a specific discourse. This speech being analyzed in this study was aired and beamed to the whole nation, hence, became powerful because it can sway or influence public opinion, the whole nation in fact. The issue that is present in this speech of Sen. Santiago dealt with the Priority Development Assistance Fund Scam or PDAF scam. The researcher selected it because of the spate of controversies that have been rocking the political scene in the past few years. So prominent is the issue that in a sense it is no exaggeration to say that this theme selected itself. The scam involved Philippine Senators and Congressmen in the use or misuse of public funds to create ghost projects; hence, corruption. Corruption in the government is a matter that concerns everyone. The leaders who are respected and voted by the people are the ones on trial. Senators fight each other for truth and justice. Evidence after evidence and exhibit after exhibit are flaunted in public. The more evidences one dangles before the public, the more he gets the applause of the people. However, aside from the weight and number of evidences shown, the manner by which these evidences are presented is also a matter of primary concern, and has caught the attention of the Philippine constituents. The venue for privilege speeches are intended to be formal in nature, and are defined as such by the constitution and relevant regulations. However, the actual conduct of these hearings could not be farther from the ideal of rule or decorum-governed discourse. Derogatory words like icon of shameless lying, incorrigible liar, cowering mouse, and psychopathic hypersexualized are just some of the samples of name-calling, invectives, or vituperative in this speech being 9

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analyzed. As observed, the manner and even matter heard during the delivery lack respect for propriety or decorum. Indeed, the level of discourse that national leaders, particularly Solons, engage in merits critical scrutiny because they are looked up to as models or exemplars of cultured, refined, and decent communication and also as reliable sources of information and the truth. Moreover, a lot can be explored and discovered about the principles, discourse practices, and ideologies as well as motives of these public figures. Philippine contemporary political discourse calls to mind the novelist-essayist Forster‘s lament about the depths to which the same discourse has fallen or sunk in his own country. In his essay, “What I Believe,” on July 16, 1938, he describes the British Parliament as a ―talking shop,‖ and a member who talks too much as a ―nuisance‖. However, as Forster argues, that same member performs a vital service to the nation. He may strike the audience as cranky or illinformed, but he exposed abuses which would otherwise have never been dragged to the light of common day, or just swept under the rug. In the final analysis, Forster offer two cheers to such a democratic institution as the Parliament or Congress because it criticizes and talks, and because its chatter or gabfests get widely reported. In this light, the researcher sought to find out what she meant in this particular speech of Sen. Santiago and to discover what goes on behind her speech or what is revealed of her thoughts and motives by her use of language. Discovering Sen. Santiago‘s ideologies, principles, and belief system is part of the whole CDA process. It is in this aspect of explaining and interpreting makes CDA critical. Since reality can only be seen through an in-depth study of the content of these discourses and never on the context alone, the researcher hopes to bring out some patterns taken from her utterances as they take part in this domain and build up from there a set of recommendations gleaned from the findings of this study. Methodology A. The Process of Analysis The methodology of this study involves a series of steps starting from establishing the context in which the researcher jotted down where the material comes from and how it fits into the big picture. Next, she explored the production process thereby asking who the author is and who the target audience are. To prepare for the analysis, the researcher made several hardcopies of the text in preparation for the highlighting, decoding, and labeling that would take place next. The coding of the text was based on the research problems. These codes are linguistic patterns, discursive patterns and ideological patterns. At the end of the first review, the researcher revised the list of coding categories to reflect the findings. She also repeated the process again and again until a final list is achieved. The primary activity of this study is the close analysis of written texts that are deemed to be politically or culturally influential to a given society. But the text analytic activity is not done in isolation; rather, the researcher accounted the larger context in which the text is located. It was vital to the process of analysis that the structure of the speech is examined as well and this involves collecting and examining discursive statements, identifying cultural references, identifying linguistic and rhetorical devices, and the beliefss and value system of the speaker. However, it is also important to point out that the analysis process is not a strict ―one-step-afterthe-other‖ process. As shown in Figure 1, the analysis is completed at each level though not as separate processes. It signifies that the analysis may start at any box and may continue to another box. It does not matter where the researcher start as long as she arrives at a single analysis.

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Afterwards, commonalities were reviewed. Finally, the researcher tied all the results together in order to explain what the discourse is about, and how it works. Socio-cognitive Features of the Text Explanation

b. c.

Beliefs, Attitudes & Values Power & Authority Plan of Action

Discursive Features of the Text Interpretation a.

Argumentum & Logical Fallacies Coherence, Unity & Emphasis Rhetoric: ethos, pathos, logos

Linguist Features of the Text Description a. b. c.

Grammar & Vocabulary Modalities, Evidentialities, Direct and Indirect Speech Figure of Speech and Idiomatic Expressions

Figure 1. The three-dimensional Model of Critical Discourse used in this study The flow starts with a text. A text is assumed to be the product of discursive practices, including production, distribution, and interpretation, which themselves are embedded in a complex mosaic of social practices. To put this in another way, the meaning of a text derives not just from the words on the page but also from how those words are used in a particular social context. CDA tries to unite and determine the relationship among three levels of analysis: (a) the actual text; (b) the discursive practices (that is the process involved in creating, writing, speaking, reading, and hearing); and (c) the larger social context that bears upon the text and the discursive practices (Fairclough, 2000). The researcher analyzed the speech in the following three areas (a) Linguistic Patterns— i.e. the detailed analysis of the linguistic characteristics using tools like interactional control, ethos, metaphors, wording and grammar— e.g. transitivity and modality; (b) Discursive Patterns—i.e. how texts are produced and consumed— e.g. what kinds of processes does a text go through before it is printed? Can an intertextual chain be traced? How do readers understand text?; and (c) Ideological Patterns—i.e. examining the broader social practice of these dimensions— e.g. mapping the non-discursive that constitute the wider context of the discursive practice. This involves two interfaces which are the cognitive interface and the other one is social interface. This three-dimensional model shows three types of value that formal features of a text may have. The first is the experiential value in which the text producer‘s experience of the natural and social world is represented through the content in the form of personal knowledge and beliefs. The second is the relational value in which the social relationships are enacted via the text in the discourse, and the third is the expressive value in which the producer of a text evaluates an aspect of reality or social identities (Fairclough, 1989). 11

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There are also three levels of discourse which are (a) social conditions of production and interpretation which pertain to the social factors that lead to the origination of text and at the same time how the same factors affect interpretation; (b) the process of production and interpretation which pertains to the way the text was produced and how this affects interpretation; and (c) the text being the product of the first two stages. Subsequently, this study uses three stages of CDA, which are in accord with the three abovementioned levels of discourse. The first one is description which is concerned with the formal properties of the text. Second is the interpretation which is concerned with the relationship between text and interaction, seeing the text as a product of a process of production, and as a resource in the process of interpretation. Then third is explanation which is concerned with the relationship between interaction and social context with the social determination of the processes of production and interpretation, and their social effects. Over-all, description is about the textual analysis because it is concerned with the formal properties of text. Interpretation constitutes examination of discursive practices of the textual interaction and it emphasizes the conception of text as an outcome of production, and as a resource in the process of interpretation. Explanation underscores broader social practices that frame the social interaction since it concerns with the relationship between the broader social context of text production and textual properties. This shows the relationship between language and the society by revealing how language can shape society and how society can shape language. These values are carried out by the speaker‘s choice of vocabulary, grammar and textual structures. The Analysis NAVIGATING THE CRIMES OF THE PLUNDER MASTERMIND (Privilege Speech of Senator Miriam Defensor-Santiago) December 4, 2013 1. The linguistic patterns that can be gleaned from the text

A. Grammar and Vocabulary Table 1. The linguistic patterns that can be gleaned from the text with regards to grammar and vocabulary Navigating

an immediate eye-catcher; promises an adventure-rich voyage to her audience. She prepares the audience for sailing in the high seas

Epic

refers to pork barrel corruption involving P10 Billion of the people‘s money

Incongruence Imitation (researcher‘s term)

bringing together seriousness of the epic and the ridiculous character of the mock-epic

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Invocation of God

strengthens the link of her text to the epic and the mock-epic; use of this convention is her way of saying that her voyage is sanctioned by the Divine Providence

Generally, the text is another vintage Santiago diatribe, garnished with all the terminology and rhetorical devices that characterize Santiago‘s style. An immediate attention-catcher is the word ―navigating‘ in the title. This situates the text in the category of burlesque, particularly mock-epic, which incongruously imitates the conventions of the epic. By her use of the word ―navigating‖, the speaker holds out the promise of an adventure-rich voyage, an odyssey, to her audience. She prepares them for sailing in the high seas, at the same time suggesting the depths, meaning gravity or seriousness of the crimes of the plunder mastermind. By incongruence imitation, she brings together the seriousness of the epic and the ridiculous character of the mock-epic. True enough, the intent of Santiago becomes clear. In the first paragraph, she applies the term ―epic‖ to pork barrel corruption, to stress the gravity or magnitude of case. She invokes a major characteristic of the epic, and that is, scale. The crime involves P10 Billion pesos of the people‘s money, thus aptly ―of epic proportions‖ or scale. The repeated reference to Providence in the first paragraph and God on the second paragraph strengthens the link of her text to the epic and mock-epic. One of the conventions of the traditional epic is the invocation of the Muse; the poet appeals for divine assistance from the appropriate muse to sustain and help her through to the completion of his endeavor. Use of this convention is also Santiago‘s way of telling the audience her voyage or her tirade is sanctioned by the Divine Providence. Table 2. The dictional choices of Sen. Santiago in her speech For Napoles: BFF or Best Friend Forever For Enrile: Old Man a.k.a. Tanda Hatchet man Mr. Dementia Santiago‘s dictional choices—e.g. ―BFF‖ or Best Friend Forever for Napoles, Old Man, a.k.a. Tanda‖ for Enrile, hatchet man again for Enrile and Mr. Dementia (again, another monicker for Enrile)—make clear the closer affinity of her text with mock-epic. The abovementioned names or titles for Enrile are reinforced by a series of invectives like ―icon of shameless lying‖, ―incorrigible liar and criminal,‖ ―cowering mouse‖, ―Drama King of corrupt politics,‖ ―Prince of Darkness‖, ―King of smuggling empire‖ ―King of Martial Law and Illegal Logging Empire,‖ ―Psychopathic Hypersexualized Serial Womanizer, and ―libertine pontificating about morality‖ and ―poster boy of stem cell treatment.‖

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Table 3. The invectives used by Sen. Santiago against Sen. Enrile as reflected in the text Invectives used by Santiago against Enrile Icon of Shameless Lying Drama King of Corrupt Politics Incorrigible Liar and Criminal Prince of Darkness Cowering Mouse King of Smuggling Empire Psychopathic Hyper sexualized Serial Womanizer Libertine pontificating about morality Poster Boy of Stem Cell Treatment It of course follows that the excesses or sins of the man wearing such crowns should be of immense proportions; for example, sex addiction, wanton, decadent lifestyle, tax evasion as his legal expertise masterminding the pork barrel plunder, fabulous ill-gotten wealth, adept at creating a smokescreen for his criminality, hypocritical protestations of innocence, blatant disconfirmation, total lack of credibility and command responsibility for deaths and disappearances during Martial Law. Table 4. Vicious titles, monickers and analogies that speaker applied to Sen. Enrile Sins of Enrile that are of Immense Proportions sex addiction

masterminding the pork

fabulous wealth

wanton

blatant disconfirmation

decadent lifestyle

total lack of credibility & command responsibility for the deaths & disappearances during Martial Law

adept at creating a smokescreen for his criminality

tax evasion as his legal expertise

ill-gotten

hypocritical protestations of innocence

To come up with the most vicious titles, monickers, and analogies imaginable that she could apply to Enrile, Santiago researched various sources, from the Bible, medical and psychological jargons and law books, to literature and mythology. Grammar lends support to the foregoing dictional choices and author‘s purpose. The rather lengthy opening sentence—the periodic type—is reminiscent of the opening sentences of epics like Iliad and Aeneid. The offensive stance is made concrete by the preponderant use of the active voice. Santiago goes for the jugular. Her thrusts are direct as the following statements demonstrate: “…and I shall charge him with disorderly behavior with the Ethics or the Rules Committee…” “I respectfully urge the Justice Secretary to order an immediate and exhaustive investigation into the following crimes under the Penal Code committed by Enrile.” “In conclusion, I challenge Enrile to a public televised debate on the plunder charge against him…”

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B. Modalities, Evidentialities and Direct and Indirect Speech As a lawyer herself, Santiago has full appreciation of the weight of evidentialities, demonstrations, or illustrations, and citations/testimonies (indirect speech). The text abounds in these. She does not waste time by immediately referring to the NBI and Department of Justice action on the plunder case: “Thorough NBI investigation has led the Department of Justice to file formal charges of plunder against the first batch of suspects, led by no less than the Senate President at that time, Sen. Juan Ponce Enrile.” She follows up on this with a reference to the Ombudsman‘s receipt of a memorandum of over 200 pages pinpointing Enrile as the mastermind of plunder. In defense of herself against the ―black propaganda mounted by Enrile against her as a diversionary tactic, Santiago quotes official citations, particularly one made by the 1988 Magsaysay Award for Government Service: agency.”

“…recognizing her bold and moral leadership in cleaning up a graft-ridden government

Media, she added, has named her ‗the most awarded Filipino public official.‘ She further mentions other prestigious awards, specifically TOYM, TOWNS, UP‘s Most Outstanding Law Alumnus. Table 5. Modalities and evidentialities reflected in the speech being analyzed Modality:

Justice should be done, though the heavens fall.

Evidentialities:

Ombudsman over 200-page memorandum pinpointing Enrile as the mastermind of plunder; 1988 Magsaysay Award for Government Service, TOYM, TOWNS, UP‘s Most Outstanding Law Alumnus

Direct and Indirect Speech is combined to substantiate or support vital points, particularly her attacks on Enrile‘s character. Illustrative of Indirect Speech are the following: “Under President Fedinand Marcos, he claimed that as defense secretary he was ambushed, thus laying the ground for the imposition of Martial Law. Under President Aquino, he retracted and admitted that his ambush was fake and staged. Then under President Benigno Aquino III, he retracted again and now claims in his memoirs that the ambush was genuine afterall…” 2012:

An example of Direct Speech is one made by the Communist Party of the Philippines in “Enrile was Marcos‟ hatchet man and the one who signed countless warrants that led to the capture and detention of thousands of former leaders, workers, students, activists, in the Church and other critics and opponents of Martial Law. Enrile‟s hands are forever stained with the blood of close to 4000 people „salvaged‟ during Marcos‟ reign of terror… Enrile exposed himself as a liar.”

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She cites a Supreme Court ruling upholding her in the cause célèbre involving Brocka, Cervantes, et. al. v. Enrile, Ramos et. al. 192 SCRA 183 (1990): “…that the criminal proceedings had become a case of persecution, having been undertaken by state officials in bad faith.” The rest of the ruling was presented in the form of Indirect Speech: ―The court warned Enrile that he did not have a license to run roughshod over a citizen‟s basic constitutional rights, such as due process, or manipulate the law to suit dictatorial tendencies.” On the plunder case itself, Santiago cites whistleblower Suñas testimony in the form of indirect speech: “Merlina Suñas, a whistleblower testified that Napoles personally talked to the Senator concerned (Enrile), or the Chief of Staff. Suñas also testified that in 2012, her dummy foundation received P5 million in pork barrel funds from Enrile.” As an evidence of the veracity of her crowning Enrile as ―king of a smuggling empire,‖ the speaker brings up the name of former US Ambassador Kristie Kenney and quotes her statement about Enrile running ―an auto import operation in the port, and is suspected of involvement in smuggling.‖ The quoted text is an extract from a US Embassy Cable sent by the Ambassador. The rest of the cable is presented as indirect speech. Enrile, according to the cable provided at a Senate Hearing and indulged himself by fiercely and repeatedly shouting at representatives of the Joint Foreign Chambers of Commerce, because the foreign businessmen had complained about smuggling in Port Irene.

B. Figurative and Literary Device Table 6. Figurative and Literary Devices such as hyperbole and allusion as shown in the speech Hyperbole and Allusion Clash of the Titans in Greek Mythology and Armageddon in the Bible which refers to the speaker‘s quarrel with Enrile (the final encounter between the forces of good and the forces of evil)

Monument to all rancid genes and broken chromosomes that corrupt Filipino dreams

Epic Battle

The highest expense of any Senatorial Candidate

Eternal philandering

Fabulous ill-gotten wealth

Total lack of Credibility

Hyper-sexualized

Hyperbole, a time-honored device of emphasis, is put to maximum use in this text. A good example of overstating the case (the speaker‘s quarrel with Enrile) is her comparison of the 16

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verbal joust or exchange of accusations to the ―Clash of the Titans‖ in Greek mythology and Armageddon, the final encounter between the forces of good and the forces of evil in the Bible. The preponderance of intensifiers and superlatives makes a hyperbole: total lack of credibility, ―hypersexualized‖ , ―the highest expense of any senatorial candidate, ―epic battle‖, ―monument to all the rancid genes and broken chromosomes that corrupt the possibilities of the Filipino Dream,‖ ―eternal philandering,‖ and ―fabulous ill-gotten wealth.‖ Table 7. Figurative and Literary Devices such as metaphors and similes as shown in the speech Metaphors and Similes (adds color and vividness and humor to her descriptions of the object of her ridicule and contempt) Animal Images: Hyena

Dead Fish

Poison Toad

Female llama surprised in her bath The use of figurative language—metaphors and similes—adds color and vividness and humor to her descriptions of the object of her ridicule and contempt. Animal images are strewn in some parts of the text—e.g. ―hyena,‖ ―poison toad,‖ ―dead fish,‖ ―female llama surprised in her bath.‖ These comprise an ‗image cluster‘ creating a picture of Enrile as a museum piece, in other words, one who is bound for Necropolis, thus should no longer merit any attention. Dotage or senescence and dementia tell on him. His life term is extended only by stem cell treatment, but the undeniable fact is, he is already past his expiry date. Table 8. An image cluster of Enrile as a museum piece bound for Necropolis as reflected in the speech Image Cluster of Enrile as a museum piece bound for Necropolis Should no longer merit any attention Dotage or senescence and dementia tell on him His life term is extended only by stem cell treatment He is already past his expiry date Combining his unbeatable record as a pathological liar and dotage plus dementia, all that is left of him is what Yeats describes as a “paltry thing in a tattered coat,” a veritable scarecrow. In addition to hyperbole and figurative language, genuine questions and rhetorical questions are also employed to add greater force or impact to points raised and driven home by Santiago. In the opening paragraph, three genuine questions are raised to frame and guide the development of the bulk of the text:

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“Why are the proportions of the corruption so epic in scale?” “How did the criminals manage to steal P10 billion pesos of the people‟s money in just ten years?” “Who is the mastermind?” These questions (genuine in the sense that they are answerable) also create suspense. The audience would wonder how the speaker woulad answer these. She caps her exposé of Enrile‘s illicit affair of his Chief of Staff and his decadent lifestyle as evidenced by his audacity to throw a lavish birthday party for his concubine with the rhetorical question: “And this libertine pontificates about morality?” 2. The discursive patterns that can be gleaned from the text.

A. Argumentation and Logical Fallacies Santiago‘s relentless attack somehow falters or is weakened by her employment of argumentum ad misericordiam or appeal to pity: “I shall also leave immediately after my speech, because I am ill with chronic fatigue syndrome.” She uses this as a reason or excuse for avoiding interpellation. In an earlier section, she uses her sickness or vulnerable condition as a woman to put Enrile in a bad light: ―His speech amounted to verbal violence against a woman confined to her sickbed, while he preened in the Senate, demonstrating his skill as the Drama King of corrupt politics.” A pattern is discernible is Santiago‘s text. The bulk of her speech is devoted to destroying Enrile‘s credibility and demolishing his integrity. She dredges up evidence from the past, dating back to the Martial Law Period to present proof of Enrile‘s consistency as a liar, particularly the matter about the ―faked or staged ambush‖ that would precipitate the imposition of Martial Law. Less space is actually allotted to the plunder case. This is a very effective strategy in persuasive speech or rhetoric in general. Once serious doubts are cast on character, the floor under an individual‘s feet is practically cut (ethos). This is the reason or motive for Santiago‘s choice of strategy. Her blows are aimed on different sides or dimensions: the moral-ethical aspect, the psychological, the political, the spiritual and the physical. First is the moral dimension. Enrile is labeled as immoral, a serial womanizer. There could not be a more potent or convincing evidence than his wife‘s walk out a la Nora in Ibsen‘s A Doll House. His wife Cristina was reported as saying ―that she could no longer tolerate his chaing after other women, including domestic helpers, cooks, and assistants.‖ The more recent proof is his liaison with Gigi Reyes for whose birthday party he spent a king‘s ransom. Photos of the ―decadent‖ party were splashed on the front pages of newspapers. Then, there is his accountability for the deaths and disappearances of victims of Martial Law and how the part he played in the Martial Law. He allowed himself to be used in a ―staged‖ ambush.

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Next is the psychological. This actually overlaps with the moral and physical. Enrile has long shown signs or symptoms of dementia, probably caused by old age. One proof of this is his obsessive interest in old charges against Santiago. His harping on this manifests a psychological condition. Table 9. The different dimensions where Sen. Santiago showed her arguments against Sen. Enrile‘s character Other Blows at Enrile’s Character Moral Dimension: • Labeled as immoral and a serial womanizer (her wife being reported saying that she could no longer tolerate his chasing after other women including domestic helpers, cooks, assistants and his chief of staff • His accountability for the deaths and disappearances of victims of Martial Law Psychological, Physical Dimension: • Enrile has long shown signs of dementia, caused by old age • His obsessive interest in old charges against Santiago which manifests Enrile‘s psychological condition

B. Unity, Coherence and Emphasis Unity is attained by unity of thought or coherence, that is the content of the paragraph, and unity of form, the ideas considered apart from the sentences in which they are expressed; the latter is also used in the sense of flow. These two problems are closely related, but are still separable. On this particular prime requirement or virtue of effective prose, the text analyzed is uneven. In some parts of the speech, unity is not a problem. For example, there are three questions in the opening paragraph which serve the purpose of framing and determining the development or flow of the speech. The question as rhetorical device is a time-honored means of focusing or riveting attention on a topic, as the three questions do: “Why are the proportions of corruption so epic in scale?” “How did the criminals manage to steal some P10 billion pesos of the people‟s money in just ten years?” “Who is the mastermind?” Table 10. Where Sen. Santiago applied the principles of unity, coherence and emphasis in her speech Unity, Coherence and Emphasis

•

There is uneven manifestation of unity in this text. The questions in the opening paragraph serve the purpose of framing and determining the development or flow of the speech.

•

She relished in the job of ―cutting the man down to size‖ while at the same time ―building herself up‖, thereby digressing from the main thought of exposing Enrile as the plunder mastermind.

•

Santiago‘s cataloguing of her awards, her defense against being a psychiatric case, her unnecessary elucidation of the significance of the Bar result showed her being defensive http://aajhss.org/index.php/ijhss

which resulted to digressiveness mars the smooth flow of the text. •

The speaker‘s relentless exposure of the crimes committed by Enrile , rhetorical unity is manifested following the pattern crime-evidences-justice.

•

Emphasis is achieved through repetition at all levels—word, sentence, and paragraphs. Examples: ―He is sick, sick, sick.‖

•

The word ―king‖ is repeated from paragraph to paragraph.

•

Use of synonyms but not of original signifier: Examples: ―black propaganda‖ for diversionary tactics; ―invented‖ for liar and lies; ―tyrannical‖ for dictatorial

As it turns out, however, Santiago could not resist the temptation to take pot shots at Enrile‘s character and track record and juxtapose her own record to the former; in other words, she engaged with obvious relish in the job of ―cutting the man down to size‖ while at the same time ―building herself up‖ as a foil to him. Thus some parts of the text tend to digress from the main thought: exposing Enrile as the plunder mastermind. Fine illustrations of digressions is the speaker‘s cataloguing of her awards and honors conferred on her, her defense against Enrile‘s constant reference to her being a psychiatric case, and her unnecessary elucidation of the real significance of the Bar result, which she declared as rather overrated by Enrile because he found in her not too impressive Bar performance a weapon to sadistically bludgeon her with. She becomes a trifle defensive, thus exposing her Achilles‘ tendon. Defensiveness is the lesser problem here; digressiveness or drift to irrelevant topics is the real problem as it mars or disrupts the otherwise smooth flow of the text. Table 11. Unity of flow of the speech showing ―crime-evidence-poetic justice‖ Unity of Flow (crime-evidences-poetic justice)

Note: Each alleged crime is substantiated by reports either of authorities or media. Marcos‘ hatchet man or butcher/executioner responsible the deaths and disappearance of 4000 victims of Martial Law as King of a Smuggling Empire Psychopathic Hypersexualized Serial Womanizer as mastermind of the biggest plunder case in Philippine history However, in those parts where the speaker pursues relentlessly the exposure of the list of crimes committed by Enrile as Marcos‘ hatchet man or butcher/executioner responsible the deaths and disappearance of 4000 victims of Martial Law, as mastermind of the biggest plunder case in Philippine history, as King of a Smuggling Empire, as anticipated King of a Gambling Empire, as King of Martial Law Illegal Logging Empire, and as Psychopathic Hypersexualized Serial Womanizer, rhetorical unity is manifest. The criteria of unity – i.e. relevance, proper order, and inclusiveness – are met, following the pattern crime-evidences-poetic justice or the need to pay for each crime. Each alleged crime is substantiated by reports or testimonies either of authorities or media.

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Emphasis is achieved mainly through repetition at all levels – word, sentence, and paragraph – which is also a device for binding together the sentences and the larger units. An example of word-level repetition for emphasis is found in this sentence: ―He is sick, sick, sick.‖ The word ―king‖ used in the sense of supreme, ―peerless‖ or ―without equal,‖ is repeated from paragraph to paragraph. The image of Enrile as a shameless liar, a consummate master of diversionary tactics, is replayed from paragraph to paragraph, hence, thrown into sharp relief. In some parts, synonyms or phrases (not the original name or signifier) are used as variants, but the meaning and message are the same. For example, in a later paragraph, instead of diversionary tactics, he used something more specific – ―black propaganda‖ -- and instead of ―liar‖ and ―lies‖, he varies the word by using the word ―invented‖ and even the complete sentence ―False in one thing, false in all things.‖ The label ―psychopathic‖ is later expressed periphrastically as ―he needs a shrink‖. Another adjective for Enrile, ―tyrannical‖ gives way to a synonym, ―dictatorial‖. 3. The ideological patterns that can be gleaned from the text?

A. Belief, Attitude and Values Santiago leaves no doubt as to her ideology, although it is not stated explicitly. Her evocations of the world celebrated in epics create an image of her as a heroine with a messianic goal or mission, and that is to purge the corruption-ridden Philippine government of the likes of Enrile who she names as the plunder mastermind. She takes upon herself the role of the archetypal Redeemer or Savior, as she formally announces in the opening line of the first paragraph: It comes rarely in the life of a nation that a people, under the travails of developing country status, aided by Providence, find it in themselves to rise above the morass of political corruption, and build the architecture for a fresh and shining territory where people live free of the forces of darkness. Today the time has come. Table 12 The belief, attitude and values of speaker as reflected in the speech

Belief, Attitude, and Values She believes that she is a heroine with a messianic goal or mission and that is to purge the corruption-ridden Philippine government. She takes upon herself the role of the archetypal Redeemer or Savior when she said: …to rise above the morass of political corruption …to build the architecture for a fresh territory …Today, the time has come

C. Power and Authority Table 13. The power and authority of the speaker as reflected in the speech Power and Authority She presents herself as the slayer of the Dragon that plagues the land with its poisonous fiery breath. That Dragon symbolizes corruption or Enrile himself whom she names as the King or Father of corruption of all kinds. 21

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Indeed who is the fit candidate for the role? In her defense against Enrile‘s black propaganda, Santiago underscores her being the recipient of the 1988 Magsaysay Award for the heroic feat of cleaning up a corruption-ridden agency. From the outset, she presents herself as the slayer of the Dragon that plagues the land with its poisonous fiery breath. That Dragon, a symbol of corruption, might as well be Enrile himself whom she names as the King or Father of gargantuan corruption of all kinds – e.g. illegal logging, smuggling, gambling, and plunder.

C. Plan of Action Table 14. The plan of action of the speaker as reflected in the speech Plan of Action She draws a Utopia free of the forces of darkness on if Enrile and his minions are put behind bars. There should be poetic justice—the good rewarded and the bad punished He must pay. As a Drama King, Enrile is expected to play up his age as his ticket to freedom or impunity and the speaker sees this as possible scenario. She prepares the Filipinos for this. Santiago reminds the Filipino people of Enrile‘s masterful staging of an ambush to justify the declaration of Martial Law. She draws a Utopia, a fresh and shining territory free of the forces of darkness, that can rise from the fen of corruption only if and when Enrile and his ilk, his minions, are put behind bars to pay for their crimes against the people of the Republic. There should be poetic justice – the good rewarded and the bad punished. Age should never be an excuse for Enrile to get away with his crimes. He must pay. As Drama King, Enrile is expected to play up age as his ticket to freedom or impunity. Santiago sees this as a very possible or predictable scenario and prepares the Filipino people for Enrile‘s greatest performance yet, a coup de theatre. After all, he has already proved drama as his forte. Remember, Santiago, reminds the Filipino people, his masterful staging of an ambush to justify the declaration of Martial Conclusion Based on the analysis, it can be concluded that a political privilege speech is a mean to express ideologies and thoughts that can alter or influence the minds of the listeners. She chose words that are leading to her intentions. She used a lot of verbal manipulations and different modes of persuasion in order to sound convincing. She did this because she believes in the power of impact that the speech has. The researcher concluded that despite the provisions for proper conduct and scope of the privilege speech, Sen. Santiago, intentionally or unintentionally, used fallacies in her arguments. With these acts of expressing, changing and reproducing, language was taken out from discourse contexts and where constructed with her ideology of what is corrupt government. As a powerful device for deconstructing the texts to come up with their intended ideologies, Critical Discourse Analysis, in this study, revealed Sen. Santiago‘s attitude, political power and identity. CDA further examined the function of language, in her speech, as a social practice implementing a vast number of functions in ―navigating the mind of the plunder mastermind.‖ Social structures were embedded in her discursive practices which are mostly constructed, validated, naturalized, evaluated and legitimized in and through her speech being analyzed in this study.

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Implications The results of this study imply that there is so much hidden in the text beyond its surface meaning. Hence, it is important for readers or listeners to be aware of the hidden parts of discourse. This study encourages the readers to play an active critical role in looking at a text and not just see the "tip of the ideological iceberg". Texts are true reflections of realities and facts. The speech of Sen. Santiago, being analyzed in this study, is also a true reflection of her ideologies manifested through the kind of discursive patterns she implored and the kind of linguistic features that flooded her speech. Moreover, this study implies that there should be an awareness of the different aspects a text production such as socio-political background, historical setting, and cultural predisposition. To combat limited-sightedness or closed-mindedness, this study raises the idea that language is a powerful tool that may be used for glorifying people, promoting ideologies and may even impose a decision, or distort reality that is why readers who consume the text need to be careful and critical. Recommendations In this study, readers or listeners need to be sensitive of implicit meanings, invisible section, misinformation, manipulation, and misinterpretation that a speech may have. Propagating the idea of critical thinking or critical reading leads to equality or that power will not be abused and that the people may act against injustice. On the other hand, speakers should abide within the bounds of decorum and principles of public speaking knowing that a speech and the manner by which it is presented can greatly affect or influence the readers of listeners. References Creswell, J. (2009). Research Design: Qualitative, Quantitative, and Mixed Methods Approaches. 3rd Edition. Los Angeles: Sage Publications, Inc. Dumire, P. (2005). Preempting the future: Rhetoric and ideology of the future in political discourse. Discourse & Society, 16, 481-513. Evans, R. (2004). Learning discourse: Learning biographies, embedded speech and discourse identity in students‘ talk. New York: Peter Lang. Fairclough, N. (1989). Language and Power. London: Longman. Fairclough, N. (1993). ‗Critical Discourse Analysts and the Marketization of Public Discourse: The Universities‘, Discourse and Society. Fairclough, N. (1995). Critical Discourse Analysis. London: Longman. Gabrielatos and baker (2008), http://eng.sagepub.com/cgi/content/abstract/36/1/5 Halliday, M. A. K. (1978). Language as social semiotic: The social interpretation of language and meaning. Maryland. University Park Press. Hodge, R. and G. Kress. (1988). Social Semiotics. Cambridge: Polity Huckin, T. N. ―Critical Discourse Analysis‖. Functional approaches to written text: Classroom applications (Miller,T., Ed.). USA: US Information Agency, 1997. Janks, H. (2002) Critical literacy: beyond reason. Australian Educational Researcher, Vol 29 No.1. Kulo, L. (2009). Linguistic Features In Political Speeches: How Language Can Be Used To Impose Certain Moral Or Ethical Values On People. epubl.ltu.se/14021773/2009/038/LTU-CUPP09038-SE.pd Martin, M. and Ringham, Felizitas (2000). Dictionary of Semiotics. New York: Cassel. Metila, R. (2013). A Discourse Analysis of News Headlines: Diverse Framings for a 23

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Hostage-taking event. College of Education, University of the Philippines: Philippines. Morris, S.D. (1991), Corruption and Politics in Contemporary Mexico. University of Alabama Press, Tuscaloosa. O‘Halloran, K.A. (2005). Mystification and social agent absences: A critical discourse analysis using evolutionary psychology. Journal of Pragmatics, 37, 1945-1964. Phillips, L. and Jorgensen, M. (2002). Discourse Analysis as Theory and Method. London: Sage Publications Ltd. Potter, J. and Wetherell, M. (1987). Discourse and Social Psychology. London: Sage Publications Ltd. Remer, G. (2008). Genres of political speech: Oratory and conversation, today and in antiquity. Language and Communication 28, 182-196. Ryan, H. (1983), American Rhetoric from Rosoevelt to Raegan Waveland Press Inc. 3 rd Printing. USA Sauer, C. (1997). Echoes from abroad – speeches for the domestic audience: Queen Beatrix‘s address to the Israeli Parliament. In C. Schaffner (Ed.), Analyzing political speeches (pp. 33-67). Clevedon: Multilingual Matters. van Dijk, T. (1993). Discourse and Elite Racism. London: Sage van Dijk, T. (2008). A. ―Discourse and Power: Contributions to Critical Discourse Studies‖. Houndsmills: Palgrave MacMillan. http://psasir.upm.edu.my/5646/. Van Dijk, T.A. (2004). Politics, ideology and discourse. Retrieved from http://www.discoursein-society.org/teun.html. Wijayanto. (2009). Political and Social Factors Affecting Corruption: A Cross Country Analysis. Master‘s Thesis. Georgetown University. Washington D.C. Wodak, R. (2009). The discourse of politics in action: Politics as usual. United Kingdom: Palgrave Macmillian. APPENDIX A The Complete Text of the Speech NAVIGATING THE CRIMES OF THE PLUNDER MASTERMIND Senator Miriam Defensor-Santiago

Mr. President, ladies and gentlemen of the Senate: Mastermind of Plunder It comes rarely in the life of the nation that a people, under the travails of developing country status, aided by providence, find it in themselves to rise above the morass of political corruption, and to build the architecture for a fresh and shining territory where people live free of the forces of darkness. Today, the time has come. At last we stand at the very heart of the epic pork barrel corruption in the Congress, specially the Senate. Why are the proportions

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of corruption so epic in scale? How did the criminals manage to steal some P10 billion pesos of the people's money in just ten years? Who is the mastermind? Guided by faith in a just God and in the rule of law, dozens of whistleblowers have testified in writing and provided supporting documents to prove that the very heart of darkness is the leadership of the Senate itself. Thorough NBI investigation has led the Department of Justice to file formal charges of plunder against the first batch of suspects, led by no less than the Senate President at that time, Sen. Juan Ponce Enrile. The Ombudsman is conducting preliminary investigation, and has assured the public that justice will not be denied: the resolution will be issued by the end of this month. Notably, the Ombudsman has admitted receiving a memorandum of over 200 pages pinpointing Enrile as the mastermind of plunder. That official memorandum validates the charge I aired in the latest hearing of the Blue Ribbon Committee, where I first made that very same accusation, based on the lawyer's thought process of enlightened scepticism. If he smarted against the accusation, Enrile could have requested for an additional hearing where he could be personally present and interpellate Janet Napoles, who appears to be his BFF, or Best Friend Forever. But he chooses to stay away and keep silent, because he is immobilized by fear and humiliation. Instead of presenting evidence to the public of his hypocritical protestations of innocence, Enrile once again chose to steer public attention to what he hopes will be a diversion: the lies and black propaganda hurled against me during the 1992 presidential campaign. This man, contrary to logic and common sense, hopes to evade criminal prosecution and public outrage over his plunder, by resurrecting campaign dirt against me which are over 21 years old! Dream on, old man, aka Tanda. Enrile tried to portray me in the blackest terms. He pointedly ignored the fact that I am a laureate of the Asian Nobel Prize, the 1988 Magsaysay Award for government service. According to the official citation, the Award "recognizes her bold and moral leadership in cleaning up a graft-ridden government agency." Media has noted that I am reportedly "the most awarded Filipino public official," because I won such awards as TOYM, TOWNS, and U.P.'s most outstanding law alumnus. Enrile never reached these levels of professional recognition. Please feel free to compare my resume to his, since my biography appears in Wikipedia. This was not only bringing parliamentary debate to the lowest level. It is a violation of every canon of civility and decency in public discourse. Parliamentary rules strictly forbid arguments ad hominem, but my attacker delivered an entire speech by appealing to personal prejudices rather than to reason; and by attacking my character rather than my assertion that he is the mastermind of the plunder. In fact, my attacker is guilty of violating the Senate Rules, Rule 34, Sec. 94: "No Senator, under any circumstances, shall use offensive or improper language against another Senator or against any public institution." (Emphasis added). Under Rule 34, he has committed the offense of "unparliamentary acts and language," and I shall charge him with

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disorderly behaviour with the Ethics or the Rules Committee, punishable by suspension for 60 days. Enrile's Total Lack of Credibility My attacker is the icon of shameless lying. Under President Ferdinand Marcos, he claimed that as defense secretary he was ambushed, thus laying the ground for the imposition of martial law. Under President Corazon Aquino, he retracted and admitted that his ambush was faked and staged. Then under President Benigno Aquino III, he retracted again and he now claims in his memoirs that the ambush was genuine after all. He eats his own words for breakfast. In the law of evidence, he has absolutely no credibility. Falsus in uno, falsus in omnibus. False in one thing, false in all things. The Supreme Court has ruled: "For evidence to be believed, it must not only proceed from the mouth of a credible witness, but must be credible in itself, such as the common experience and observation of mankind can approve as probable under the circumstances." People v. Loriega, 326 SCRA 675 (2000). Enrile's bungled attempt at revisionist history and his blatant disinformation has been widely condemned by all sectors of society. The man is an incorrigible liar and criminal, as brought out by the litany of his crimes against the Filipino people. Accordingly, I respectfully urge the justice secretary to order an immediate and exhaustive investigation into the following crimes under the Penal Code committed by Enrile: 1. Command responsibility for death and disappearance during martial law. In 2012, the Communist Party of the Philippines sent an email to media, with the following condemnation of Enrile as delusional in his notorious memoirs: "Enrile was Marcos' hatchet man and the one who signed countless warrants that led to the capture and detention of thousands of former leaders, workers, students, activists in the Church, and other critics and opponents of martial law. Enrile's hands are forever stained with the blood of close to 4,000 people 'salvaged' during Marcos' reign of terror . . . . Enrile exposed himself as a liar." (Inquirer Visayas, 10 October 2012). During martial law, Enrile was the almighty defense secretary, when I was appointed the youngest RTC judge in the mecca of judges, Metro Manila, serving in Quezon City. In 1985, when gasoline prices went up, some fifty students from UP and Ateneo joined a street demonstration in Cubao to protest the martial law regime. Most of them were seniors scheduled to take their final exams and to graduate from college. Enrile ordered the military to arrest the students, on the basis of a martial law presidential decree that defined the crime of illegal assembly as any gathering opposed to the administration, and that imposed the death penalty. I was assigned to the case. I suspended trial in all other cases and continuously heard the illegal assembly case morning, afternoon, and evening. The issue was: Does martial law automatically cancel the right to bail? My decisive answer was no, and I ordered the release of the students.

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However, the military defied my release order, and in fact filed a second charge of inciting to sedition. The accused appealed, and the Supreme Court in effect upheld me. This was the 1990 case of Brocka, Cervantes, et al. v. Enrile, Ramos, et al., 192 SCRA 183 (1990). From the very beginning, Enrile has always resented that Supreme Court decision and held it against me, for refusing to kowtow to him even during the dark days of martial law, when he swaggered around town as if he owned it. The Supreme Court slapped him down, ruling: "that the criminal proceedings had become a case of persecution, having been undertaken by state officials in bad faith." The Court pointed a finger at Enrile, and criticized "respondent's bad faith and malicious intent." The Court warned Enrile that he did not have a license to run roughshod over a citizen's basic constitutional rights, such as due process, or manipulate the law to suit dictatorial tendencies." (Emphasis added). This was and remains Enrile's arrogant, tyrannical attitude to young people: persecution in bad faith, malice, and dictatorial. He has never changed. Brocka v. Enrile, at p. 189. 2. Mastermind of the biggest plunder case in Philippine history. In June 2013, the Department of Budget and Management released statistics showing that in a five-year period for 2005 to 2013, Enrile was the biggest recipient of pork barrel, amounting to a total of P1.189 billion. According to whistleblowers, Enrile gave the syndicates of dummy NGOs run by Janet Napoles, access to his pork barrel in no less than 22 instances. In all, Enrile reportedly gave P641.65 million from his pork barrel funds to dummy corporations founded by Napoles. Merlina SuĂąas, a whistleblower, testified that Napoles personally talked to the senator concerned, or the chief of staff. SuĂąas also testified that in 2012, her dummy foundation received P5 million in pork barrel funds from Enrile. The Commission on Audit issued a PDAF report that in 2011, Enrile was one of four government officials who gave some P206 million in pork barrel funds through the Department of Agriculture to a questionable NGO from 2009-2010. The Inquirer story said: "Enrile withheld further comment, until he had checked his records." Until now, Enrile has clung to his right to remain silent, causing a group of netizens to start a movement called Kumibo Ka Naman, Enrile, or for short, KKNE. In the midst of all the damning evidence against him, Enrile has kept silent as a cowering mouse. He could very well have delivered a privilege speech proving his innocence. Instead, his speech was directed at me, rehashing black propaganda invented against me during the 1992 presidential campaign. You will remember I led in the counting for the first five days, but was cheated of the presidency. I filed an electoral protest, but it was dismissed by the Supreme Court, after I was elected senator. He is silent on the evidence, but voluble on malice. His speech amounted to verbal violence against a woman confined to her sickbed, while he preened in the Senate, demonstrating his skill as the Drama King of corrupt politics. 3. King of a smuggling empire.

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In 1995, then Representative Enrile, a native of Gonzaga, Cagayan, authored R.A. No. 7922, creating the Cagayan Economic Zone Authority or CEZA. Section 6 para (f) gives to CEZA the right "to operate . . . tourism-related activities, including games, amusements, recreational and sports facilities such as horse-racing, dog racing, gambling casinos, golf courses, and others, under priorities and standards set by CEZA." (Emphasis added). The free port occupies 441,000 hectares, an area almost three times the size of Quezon City. Enrile claimed that the port would become the hub in Southeast Asia of interactive gaming, shipping, and ecotourism. The Port Irene CEO is Enrile's relative Jose Mari Ponce. According to Enrile himself, his "representative" in the port is his son-in-law, James Kocher, an American who, according to former US Ambassador Kristie Kenney, "runs an auto import operation in the port, and is suspected of involvement in smuggling." (Released by Wikileaks on U.S. embassy Cable 08 Manila 1417 sent by Kenney to the US Department of State on 13 June 2008.) Enrile, according to the cable, presided at a Senate hearing and indulged himself by repeatedly and fiercely shouting at representatives of the Joint Foreign Chambers of Commerce, because the foreign businessmen had complained about smuggling in Port Irene. On 12 December 2002, President Gloria Arroyo issued Executive Order No. 156, imposing a partial ban on the importation of used cars. In the 2006 case of Executive Secretary v. Southwing, in effect the Supreme Court upheld the validity of the ban. And in the 2013 case of Executive Secretary v. Forerunner, the Supreme Court again upheld the validity of the law. During all this time, in open defiance of the Supreme Court rulings banning importation of used cars, CEZA continued its importations. In 2012, car traders imported some 5,400 vehicles contained in 18 shipments. In February 2013, a Japanese cargo ship set off for Port Irene, with a shipment of Hummers, Porches, BMWs, Mercedes Benzes, a Ferrari, a Lamborghini, and other used luxury cars. The government refused to issue clearance for registration of the shipments, and CEZA was forced to re-export 600 used cars. Presumably, because of all the illegal shenanigans in Port Irene, just last month, Senator Sergio OsmeĂąa, chair of subcommittee B of the finance committee, recommended a cut from the CEZA budget of P800 million. On Enrile's appeal, OsmeĂąa agreed to restore this amount of nearly P1 billion, subject to certain conditions. That's how much of the taxpayers' money go to finance Enrile's smuggling empire. 4. Anticipated king of gambling empire. CEZA operates online gaming outside the jurisdiction of Pagcor. The Cagayan ecozone is the only ecozone in the country that is allowed by the Enrile law to host and issue online gambling licenses to offshore companies. Such foreigners are not required to live in our country, or to incorporate as Philippine company. They only need an interactive gaming licensee and to register as a CEZA enterprise. Jesus Disini, president of the Internet and Society Program of the U.P. college of law, has already warned that CEZA should exercise due diligence in giving out licenses,

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which may be exploited by unscrupulous entities. He said that CEZA might unwittingly give these companies the legitimacy to operate legally. Just last month, Inquirer columnist Ramon Tulfo reported that police raided and arrested some 700 persons, including some expatriates, in their Makati and Quezon City offices. Allegedly, the firms were operating under license from First Cagayan License and Resort Corporation in CEZA (Inquirer 22 Nov. 2013 at A-24). Last February 2013, the CEZA administrator admitted that he has awarded a "master license" to First Cagayan to operate internet gaming. The master license allows First Cagayan to issue seven-year licenses to foreign entities to operate online gambling. So far, it appears that it has awarded licenses to seven foreign corporations, but it claims that it can issue as many licenses as it wants. The favored corporations pay annual fees of $40,000. Admitting that only the Philippine Amusement and Gaming Corporation (Pagcor) has been given the mandate to operate legal gambling in the country, CEZA claims that it gives licenses only to foreign-based corporations. In brief, CEZA promotes online gambling, or what it calls interactive gaming, which has been described as "a lucrative niche market." It has partnered with telecommunications companies to offer "high quality, high speed Internet connectivity." The CEZA administrator has boasted abroad that First Cagayan "offers state-of-the-art Internet data center facilities in Cagayan and also in Manila," and that there is "direct connectivity to the U.S. and Europe." ("Online gambling hub sprouts north of PH" by Melvin Calinag, Newsbytes 25 February 2013). 5. King of Martial Law Illegal Logging Empire. During martial law, the largest logging concession covering 95,770 hectares was awarded to Enrile as owner of San Jose Lumber. His license expired in 2007. His illegal logging operations were reportedly protected by the "Lost Command" headed by renegade then PC Col. Carlos Ledesma, aka Commander Proceso. The logging concession shared a border with Barangay Sagod, Las Navas town in northern Samar. In September 1981, the Lost Command allegedly figured in the massacre of 45 people. 6. Psychopathic Hypersexualized Serial Womanizer. On 30 January 1998, the Chicago Tribune reported on Enrile: "The senator, in his early 70s and rumored to be a multimillionaire . . . was a defense minister under Marcos, but helped to bring down the dictator. His wife, Cristina, a socialite, walked out on him this month, after charging adultery. The 'other woman' is reported to be Gigi Gonzales-Reyes, chief of staff of his Senate office, and about 30 years his junior." Cristina was reported as saying "that she no longer could tolerate his chasing after other women, including domestic helpers, cooks, and assistants." (Emphasis added). This is eyewitness testimony that Enrile is psychopathic and urgently needs treatment for his sex addiction.

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In an interview with Enrile on 25 January 2012, the Inquirer said that after Gigi earned her law degree in 1988, she joined the Enrile law firm. At that time, Gigi was married to lawyer Rodolfo "Inky" Reyes. Enrile caused Inky to be appointed to the CEZA, located at the northeastern tip of Luzon mainland, about 620 km. north of Manila. The Reyes couple eventually separated. At one point in his glittering career as Senate President, Enrile had the audacity to throw a birthday party at a five-star Makati hotel for his concubine, to which he was able to drag President Aquino. Photos of the decadent party were splashed in the front pages of top newspapers. And this libertine pontificates about morality? To win the so-called Catholic vote, he pretended to be a determined enemy of the reproductive health law. All to naught, because his son, whom he groomed to take over the family's fabulous financial empire, was convincingly defeated at the last Senate elections, despite reported campaign expenses of P150.797 million - the highest expense of any senatorial candidate. Gigi, together with Enrile, has been charged with plunder, and has fled abroad. In her absence, the Enrile camp issued a statement that only Gigi, not Enrile, should be accused of plunder. 7. Enrile in 2012 Under-declared Net Worth at only P118 million. Despite all his posturing, Enrile's specialty is only tax law. Hence, all his properties are either abroad, in the name of others, or in the name of corporations. In 1975, during martial law, he built a residence in exclusive DasmariĂąas Village. Two years later, he built a house in Valle Verde, registered in the name of Jaka Investments Corp., his family firm. In 1985, he built a huge beach house in his prime beachfront property in Natipuan, Nasugbu, Batangas. But in his SALN 2012, belying his wanton lifestyle, including corrupt minions and a private army on his payroll, he declared a net worth of only P118 million. His legal expertise is obviously tax evasion. Ombudsman Resolution this Month will Decide Truth Mr. Enrile and I are engaged in an epic battle to reveal the truth to the Filipino people. On my side, I have university students, social media netizens, Metro Manila and Visayan communities, and the crowds in the major shopping malls who instantly gather and urge me to continue the good fight. On his side, he has the corrupt journalists in his payroll, corrupt military officials who constitute his private army, his minions in the customs bureau and the internal revenue bureau, both of which he used to head and consider to be his fiefdoms, as well as key appointive officials in local government and the diplomatic service, who serve as his sycophantic spies. I hope that this clash of titans in the Senate will lead to an Armaggedon in Philippine politics. By the end of December, the Ombudsman will resolve whether to dismiss the plunder case, or to file a complaint for plunder with the anti-graft court known as Sandiganbayan. If the Ombudsman files the case in court, Mr. Enrile will automatically be suspended from the Senate by order of the Sandiganbayan. During trial, he will likely remain in detention, because he would have no constitutional right to bail, particularly if the court finds that the evidence is strong. If convicted, he will be jailed for 30 years, and his ill-gotten wealth, expected to be in the billions, will be forfeited in favor of the state.

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Because he is over 70 years old, he can plead the mitigating circumstance of age, in order to lower the sentence. Also because of his age, he can apply for executive clemency. But it is not true that his advanced age exempts him from criminal liability. He has to pay for his sins, unless he turns state witness and rats on Sen. Jinggoy Estrada, Sen. Bong Revilla, and his other coaccused in the plunder case. After his poisonous personal attacks against me, Enrile expects that I shall be cowed into silence by his usual bluff and bluster. That is not going to happen. He made no mention at all of the sizzling talk of the town that he is the real mastermind of the pork barrel plunder. Enrile should get real. In Cagayan, it is said that when he was a baby, his mother dropped him on his head. Now he is the poster boy of stem cell treatment that has long gone past its expiry date. He looks like a female llama surprised in her bath. He reminds me of nothing so much as a dead fish, before it has time to stiffen. If he has the courage, he should switch place with me: He should be funny, and I'll be the asshole. For the most apt description of this damaged creature, I quote: For years I've regarded his very existence as a monument to all the rancid genes and broken chromosomes that corrupt the possibilities of (in our case) the Filipino Dream: he was a foul caricature of himself, a man with no soul, no inner convictions, with the integrity of a hyena and the style of a poison toad. His Charges are 20 Years Old The Prince of Darkness, having no means of demolishing innocent, law-abiding, God-fearing people like me, has recycled rumors against me that were aired, and which I answered, more than 20 years ago, when I ran for president. Maybe he is suffering from age-appropriate dementia again. Mr. Dementia tries in his clumsy way to raise suspicions about my mental health. I appear frequently on TV, and I am widely exposed in other media. And yet, despite the repeated innuendoes during election campaigns, the Filipinos have elected and reelected me to the Senate. Most recently, I was elected by the U.N. General Assembly to be a judge of the International Criminal Court. I will be the first Filipino there. I was elected No. 1 judge, a tribute to my country, and the result of a demanding schedule of lectures by me, and questions from the audience, at separate gatherings of U.N. delegates grouped in geographical order. By comparison, Enrile with his eternal philandering and unexplained wealth desperately needs a shrink, as a mental health measure. His mind is sick, sick, sick. Enrile violated the law, when he tried to pressure my husband, then a customs collector, to release a smuggled Toyota car, forfeited for failure to pay correct customs duties and charges.

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At that time, the policy of the Bureau of Customs was to forfeit smuggled cars, and to use them as official vehicles for authorized senior staff. My husband was only one of the many staff who earned this privilege by exemplary work, evidenced by annual certificates of commendation issued by the customs commissioner. And yet Enrile zeroed in only on my husband. Enrile kept threatening to oppose my confirmation as agrarian reform secretary, unless my husband released the smuggled car to the smuggler. As a former customs commissioner, Enrile wanted to bend the law for his illegal clients. In time, my husband and other senior staff returned the smuggled cars to the BOC. I owned and drove a Mercedes when I was a trial judge. Enrile's charge that I registered the smuggled car in my name in Tarlac is inane, and the product of his febrile imagination. My husband already owned and drove a Ford Mustang sportscar as a senior in law school. This tale of a Toyota is a non-issue. In his speech, as is his annoying habit, Enrile praised himself by boasting of his alleged martial arts prowess, which he has never displayed. He also boasted of his high grade in the bar exam, with the non sequitur that I had a low grade. In U.P., at that time, many of our professors taught us to devote ourselves to the Socratic method, and pay no attention to the bar, which they belittled. So I paid no attention, particularly since what I wanted to do, contrary to my father's wishes, was to avail of a rare scholarship to Moscow. In the United States, the bar exam is considered clerical. Any dean of admission of a top law school ignores any claim by Filipino applicants of achievement in the bar exam, and are surprised when an applicant from the Philippines puts it in his resume. Instead, the criterion of choice is membership in the law journal, which is the acid test of academic excellence in America and Europe. Enrile demands that I should answer the charges of his attack dog, former Sen. Panfilo Lacson. Mr. Dementia has forgotten that the Senate legal office this year promptly upheld me in a written opinion. The Senate as a matter of policy allows senators to maintain satellite offices in premises owned by the senator. The legal opinion revealed that the amount I charge - P70,000 monthly for 403 square meters on the fourth floor of the office building - is one of the lowest in the Senate. The other charge is that I own the multipurpose hall of the Rizal provincial government. Together with a few other senators, I gave a modest amount of pork barrel to help fund its construction, undertaken by the Rizal provincial government. This charge is asinine. Lacson, like his mastermind, seems to be approaching dementia, too. Let me tell you about the real Lacson. As PNP chief, he coveted the post of DILG secretary, which at that time was occupied by Ronaldo Puno. In his overwhelming desire to become interior secretary, Lacson gathered an incriminating file of documents showing that Puno ordered all

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policemen nationwide to take a drug test - but only with a certain specific laboratory, which turned out to be a small, cheap apartment. The cunning and scheming Lacson gave me the file. I exposed the corrupt scandal, and engaged in a bitter word war with Puno, who hired a lawyer for the sole purpose of character assassination. During this time of poisonous hostilities mostly fought in media, Lacson hopped on a plane to Hongkong, in order to avoid any suspicion of complicity in the expose. He returned after it was all over, and Puno had been damaged. His cowardly retreat from this proxy battle is a standard joke in gatherings of his classmates at the Philippine Military Academy (PMA). Why is Enrile so close to Lacson? When a Manila Regional Trial Court issued a warrant of arrest against Lacson, he jumped bail and became a fugitive from justice. TV repeatedly showed a footage of Lacson leaving the airport. But many believe that Enrile provided safe haven to Lacson in Cagayan. That is why these two men are so close that it can only be called a relationship with feelings. This early, Lacson's propaganda team is already touting him as a presidential candidate for 2016. His credential is that he has been given an administrative job in disaster relief efforts in the Visayas. MalacaĂąang issued the appointment, just to abort the endless stream of his selfserving press releases whenever there was a vacancy in customs, immigration, or even in the nonvacant post of anti-crime czar, already held by the Executive Secretary. His latest caper took his campaign at self-projection to the level of the absurd, when his own press release reported that as a former policeman, he delivered a lecture on constitutional law, as part of Enrile's effort to shift attention from PDAF to DAP. Challenge to Public Debate After this speech, I respectfully decline to yield the floor for interpellation. I rose to answer the personal attack against me, and interpellation will merely serve to waste the time of the Senate. I shall also leave immediately after the speech, because I am ill with chronic fatigue syndrome. In conclusion, as I did in the past, I challenge Enrile to a public televised debate on the plunder charge against him, including his illegal and immoral use of the Senate President's discretionary fund to distribute nearly P2 million as Christmas bonus last year to each senator, except for four senators, whom he considers his political enemies, led by me. It should be held at the U.P. Malcolm Theater, and only students with valid ID's should be allowed, to prevent Enrile from renting a partisan crowd. The first time I challenged Enrile to a debate, he declined and instead called on Lacson to shower me with near-illiterate insults, including an oxymoron. If this second time Enrile again evades debate, that will be an admission that he is the mastermind of the plunder of some P10 billion of the taxpayers' money; and that he is insulting me on a personal level, as a diversionary tactic, and as a smokescreen for his criminality.

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No matter how devilish his power and no matter how fabulous his ill-gotten wealth, I refuse to be coerced by Enrile! Justice should be done, though the heavens fall. I am fortified by my faith. According to the poet: Mine eyes have seen the glory of the coming of the Lord, He is trampling out the vintage where the grapes of wrath are stored; He hath loosed the fateful lightning of His terrible swift sword, His truth is marching on.

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International Journal of Humanities and Social Sciences p-ISSN: 1694-2620 e-ISSN: 1694-2639 Vol. 4 No. 1, pp. 35-54, ©IJHSS

Transforming school principal: From the Nepalese private school teachers perspective Babin Pokharel PhD Scholar and Faculty, Kathmandu University School of Education, Kathmandu, Nepal Abstract Importance of competency in principal of the private schools has been an invariable need of the days. This research raised questions to answer like teacher‟s perception towards principal about the engagements dealing with change and leadership roles of Nepalese institutional school principal. This research design is descriptive. It is descriptive as it describes the opinions of the teachers about the performance excellence, team building capabilities of leaders (principals) and transformational leadership they observed in their schools. This research also tries to answer rational questions whether any intervening effects of sex, qualification, experience and age seemed on the responses of teachers while evaluating their principals‟ ability to handle performance excellence, team building and possessing transformation leadership skills. This research hypothesizes that there is no significant differences between teachers agreement of opinions on the system due to age, sex, qualifications and experience to the agreements of the performance excellence, team building ability, leadership displayed by the principal. The reliability statistics of the responses of the quantitative data in the research is estimated in the pilot tests is .829 (Cronbach's Alpha from IBM statistics version 20) which is enough. The quantitative perspective of the research the dependent variable of this research is the agreement of the teachers towards the performance of the organizations and independent variables are different components of performance excellence, team building and transformation leadership as developed by the leaders of the organizations in the course of leading their organizations. Age, sex, qualification, and experience are taken as intervening variables. The finding of the research indicates that principal are proactive and they are developing themselves by the development of sharing culture in their schools. This research throws sufficient evidence that they agrees with the opinions of the teachers about school performances. They try to learn by experience for which they treat teachers as their valuable partner. Sharing with association members, occasional lecturer and discussions are some external means to acquire some insights about the roles they have to play. In this study major outcome suggest that school leaders act as an actor that helps in formatting school vision in a transformative way. This study presents empirically based analysis in association with teachers‟ responses while developing school in a transformative leadership which values in creating transformative school vision. Keywords: Principal, Teachers, Transformational, Leadership, School

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Introduction It is well established that special circumstances need has to be addressed by special measures. And successful and efficient leaders know the circumstances and employee the leadership styles as the situations demands so that the problems get solved. Now the education and schools have become the concerns not only for national but also for international subjects of discussion and debate. There is a need to understand the education system internationally by the principal (Portin, Schen, & Williams, 1998). Researchers have suggested that School Principals should have an understanding of the "real issues" to facilitate the smooth operation of school and they are prepared to 'stand up' and do 'what is right' in the future (Greenfield 1982). In this connection, a major problem has to be addressed and explored be many. Many questions have been aroused in terms of school principal where he/she needs to bring all staff together and manifest in a collaborative way to handle team work and participation that inspires them for overall growth of school. The research of Balring Weber and Kelloway(1996), based on extensive literature review, has identified that transformational leadership can be taught and learned. Therefore, this research adopts Transformational Leadership as theoretical model and assumes that this affects superior performances in the organizations (Weber and Kelloway, 1996). This research endeavors to link transformational leadership and performance in a school. James McGregor Burns and Bernard Bass (1970, 1985) initiated Transformational Leadership Theory. Avolio, Waldman, and Yammarino (1991) established four primary behaviors that combine transformational leadership. They are (1) idealized influence (or charismatic influence), (2) inspirational motivation, (3) intellectual stimulation, and (4) individualized consideration. (Waldman, and Yammarino, 1991) Albert Banduraâ&#x20AC;&#x;s (1997 & 2001) developed Social Cognitive Theory (SCT). This theory states that employee behaviour (extra-role performance) is the result of combination of personal resources (e.g., self-efficacy), contextual resources (e.g., transformational leadership) and motivation (e.g., work engagement). This study stresses that transformational leadership develops self-efficacy (Bandura, 2001). With the self-efficacy subordinates involves into the work in a greater degree and gives extra roles and performance so that school becomes more effectives and research shows that people with high self-efficacy perceive troubles as challenges, are highly committed to the activities they carry out and invest more time and effort in their daily activities (Bandura 2001). Work engagement refers to the extent of persons mind, time, intensity, and devotion towards the work (Schaufeli et al. 2002). According to the model there are two components in the work engagement- vigor and devotion. Vigor means a large extent of zeal and force that a person put in the work to achieve the goal whereas dedication means putting mind to wok intellectually, persistently, emotionally, honestly, despite the difficulties arise in the works. Balring and Kelloway(1996) has given 5 components of transformational leadership which are; idealized influence attributes, idealized influence behaviors, inspirational motivation, intellectual stimulation, individualized consideration. These are measured with the help of scale called Leadership Questionnaire (MLQ) Form 5X-Short.Many researches have been reviewing in this study as to the development practices of leadership for organizational sustaining, changing and growing.

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Methodology Major assumption of this research is that this research is theoretical as well as empirical. This is theoretical because many ideas are developed, explored and tested. Also this research is empirical because this research measures what we assume on what is being done around the school circumstances. This research has raised questions to study proportion of teachers described different opinions about the performance excellence, team building capabilities of leaders (principal) and types of leadership they demonstrated during quantitative research. This research tries to measures the relations of teacherâ&#x20AC;&#x;s age, sex, qualifications and experience to the positive and negative attitudes toward performance of the organizations to know the effect of intervening variable. The dependent variable of this research is the agreement of the teachers towards performance of the organizations and independent variables are different components of performance excellence, team building and transformation leadership as developed by the leaders of the organizations in the course of leading their organizations. Age, sex, qualification, and experience are taken as intervening variables. A selection of the schools was based on minimum criteria of 5 years old. Multistage random sampling was used for the selection purpose. Out of the 24, 50 percent were from kathmandu district and 50 percent from lalitpur and Bhaktapur. From each school six teachers (3 from male and 3) from females were selected randomly from the teachers who were present on data collection day and requested to fill the form. Out of 60 male and 60 female teachers, requested only 55 from female and 48 from male teachersâ&#x20AC;&#x; responses was received. Profile of respondents The profile shows that there were 53% female respondents and 48 % male respondents even though questionnaire distributed were equal. It meant female respondents were more interested to respond the questions. Regarding qualification, nearly 50% were found master level, nearly 44% bachelor level and nearly 6% were intermediate. In order to teach in private schools, mostly teachers having master levels are recruited. Regarding experience 20 percent, male teachers have more than 10 years of experience where as 16 percent female teachers have more than 10 years of experience. Eleven percent male teachers and 29 percent female teachers have 6 to 10 yearsâ&#x20AC;&#x; experience. Sixteen percent male teachers and 9 percent female teachers have 1 to 5 years of experience. Regarding age of the teachers, more than 40 years male teachers were 5 percent and female teachers were only 1 percent. The numbers of female teachers of age ranging from 31 to 35 are more by 12 percent than male teachers. Seventeen percent male teachers and 15 percent female teachers are of the age of 26 to 30 years. All together 33 percent teachers are of below 30 years and two-thirds majority of teachers are above 30. It means matured teachers run private schools. Teacher Perception on Principal Leadership Based on the review of literatures it is found that three major aspects can judge the existing states of schools performance and leadership preparation. They are status of performance excellence, team building ability of the leaders and their abilities to possess and delivery of transformations leadership styles. A set of questionnaire, containing 3 factors (See Table 1) were distributed to 110 respondents. One hundred and three teachers returned the questionnaire, rating the factors as instructed in the questionnaire sets by the respondents. The rating scale used was 1 to 5 [1 for strongly disagree, 2 for disagree, 3 for neutral, 4 for agree and 5 for strongly disagree] for measuring performance excellence and team building skills of the principals. A rating scale of 0 to 5 [0 for never, 1 for once in a while, 2 for sometimes, 3 for fairly often, 4 for frequently and 5 for always] was used for measuring transformational 37

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leadership possessing styles of principals. To be more precise in this study I have simply presented the data “who said what” based on the questionnaire. Table 1 Table displaying factors and sub factors from Questionnaire Factors Operational excellence Team building Sub factor

Measuring scales

 Governance and social responsibilities  Strategy development  Strategy implementation  Voice of the customer  Customer engagement  Measurement analysis and improvement of performance  Management information, knowledge and information technology  Workforce engagement  Workforce environment  Work system  Work progress  Learning  Customer focus  Workforce focus  Leadership and governance  Budgetary, financial and market outcome Likert type 1 to 5[1 for strongly disagree, 2 for disagree, 3 for neutral, 4 for agree and 5 for strongly disagree]

           

Consensus building Conflict resolution Effective meetings Collaboration Group Decision making Commitment to team Team building Team trust Team alignment Delegation Accountability

Likert type 1 to 5[1 for strongly disagree, 2 for disagree, 3 for neutral, 4 for agree and 5 for strongly disagree]

Transformational leadership  Build trust  Acts with integrity  Inspires others  Encourages innovative thinking  Coaches‟ people

A rating scales of 0 to 5[0 for never, 1 for once in a while, 2 for sometimes, 3 for fairly often, 4 for frequently and 5 for always]

Level of performance excellence of the private schools Performance is the outcome of various activities in the organizations. In the schools, overall performance excellence includes excellence in teaching and learning process, result of the schools and student and parents, (client/customer) satisfactions. Below are the outcomes from the teachers‟ responses for performance excellence of the private school.

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Governance and social responsibilities Organizational social responsibility the term often used as corporate social responsibility means addressing to internal stakeholders in the issues of skills, workplace safety, working condition, human rights, equality, and employee rights. When internal stakeholders are empowered then this gets transformed to external stakeholders in the form delivery of goods and service, thus this is taken as important element of performance excellence. The respondentâ&#x20AC;&#x;s average score in governance and social responsibility is 3.71, which does not give evidence that principals fulfils social responsibilities in the eyes of respondents (teachers). This shows that there is positive sign in accepting both factors but not strong governance and social responsibility. Only 50 % male respondent and 59 % female respondent agreed that there is good governance in their school. All respondents except the age range of 36 to 40 years agree that their schools are running under good governance principle and fulfilling social responsibilities. Irrespective of the qualification most of the respondent agreed that schools are running under good governance and taking social responsibilities. One third respondents of 10 to more years experience are found to hesitate in saying that their schools have good governance and fouling social responsibility. However, majority of all ages are not reluctant to say that their schools have good governance practices and fulfilling social responsibilities. Strategy development In the course of making strategy, any organization makes vision, clarifies its missions, set targets (objectifies) and declares policies. Any performance carried out in an organization cannot be said as the real performance of the organization, it must be within the framework of strategies set up by the organizations, similar in the schools, too. Researchers and management theorists like, Eccles 1991; Kaplan and Norton 1996, 2000; Ittner and Larcker 2005; Julian and Scifres 2002, have stressed this point and have even stated that any performance measurement of the organizations must be tested, validated, and revised through the unique strategy. In the response to the questions whether their organizations formulates strategies, the respondentâ&#x20AC;&#x;s average score is 3.71. The respondents do not strongly argue in the favor meaning that their school makes proper and effective strategy. The leaders are not competent enough to frame strategies that guide the schools. Majority of 46% male and 65% female respondent agreed on the principle that strategies are developed. All respondents except the age 31 to 35 agreed that their schools run with strategic planning. Irrespective of qualification, respondents agreed that their schools develop strategies. Irrespective to the experience, respondents are positive to express that their schools formulates strategies. Strategy implementation For implementing strategies, appropriate organization structure together with empowered human resources (teachers), sufficient budget, inspiring leadership is made available or provisioned by schools is an important issue. The respondent score in this question was 3.58. The score 3.58 resembles that teachers have no strong belief that their leaders will implement what has been formulated. This score is very low than required for functioning the schools effectively. This response has demanded the principal who can formulate strategies, and have skills and abilities to get strategies implemented. Gender wise analysis of that response indicates that 46% male and 67% female agreed that strategies are implemented. All respondents except the age 36-40 agreed that their schools implement strategy properly. All respondent irrespective of qualification agreed that schools execute strategies in timely manner. Irrespective to the experience, respondents are positive to express that their schools implement strategies. Voice of the customer Customer has some needs, wants and certain choices in relations to specifications of goods and services which are also called their voices. Generally, it resembles to price, size, place, 39

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method of delivery, reliability, etc. The expectations and promises that are fulfilled or not by the product or service delivered by the organizations. What actually customers need for increased satisfaction has been the issue forever. These are to be understood by the organizations (schools) so one questions was there to know to what extent organization are successful in understanding and addressing this particular issues. The average score under this is 3.91. This is nearly to the „agree‟ which means private schools of Kathmandu valley uses various methods to understand voices of customer mostly by observation , interviews surveys, etc. Gender wise analysis reveals that 40 % male respondents agree that voice of customer is heard and 25 % strongly agree towards voice customer is taken care inside the school. Analysis of female responses reveals that 62 % opined on agree and 20 % strongly agree. Irrespective to the age all the respondents opined that their schools hear the voices of clients (parents, community and students). Most of respondents irrespective of qualification agreed that their schools hear the voice of the customers. Irrespective to the experience, respondents are positive to express that their schools listen the interest of parents and students. . Customer engagement When customers know about the services of the organization then some psychological attraction or detraction are developed. Hence, a number of things are understood by the term customer engagement. The first reason as changed communications channel and changed customer demand, cost of acquiring new customer has been very challenging due to cost involvement, competitions, customer loyalty and customer satisfaction. This is why respondents were asked about the organizations‟ customer engagement issues and efforts. The average score from the rating scale is 3.74. The analysis of responses display that 35% male respondent agrees and 19% strongly agree. In the case of female, 58% of the female respondent agrees and 20 % strongly agree. This means private schools has not been successful to keep customer (students and parents) engaged in their periphery. Regarding students engagement all the respondents except the age 40 and above stated that their schools engages the customers (students). Most of the respondent‟s irrespective to their academic qualification agreed that their school engages the customer. Irrespective to the experience, respondents are positive to express that their schools engages parents and students. Performance measurement analysis and improvement of performance Right exercise of reward and punishment helps any organizations to get performance excellences. In order to know in the existing questionnaire, they were asked and their response came out to be 3.76. Moreover, the score ranges from 2 which means disagree to 5 (most agreed), which meant there is a wide discrimination among employees (schools teachers). Dissatisfied employee reduces work performance. So performance excellence cannot be attained, this shows that schools system needs to be developed so that equal treatment and fair satisfactory remunerations system based on performance and ability should be established. Under gender wise analysis of responses reveals that 21% male strongly agree and 34% agree that their performances are measured. In the case of female respondents 15% strongly agree and 62% are on just agree. A majority of the respondents of all ages agreed that their school performances and individual are evaluated. Regarding the analysis based on qualification of the respondent, a majority of the respondents seem to be agreed on the fact that their school measures the school performance and their individual performance too. Nearly one third respondents of 1 -5 years‟ experience are neutral that school analyze the performance of group and individual whereas a good majority are in favor to say that their school analyses their group and individual performances.

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Information technology, management information, knowledge The main factor for organizational fall is ignorance. It is the information technology that helps to generate information for manager and create knowledge. If there is lack of right information system, organizations either make wrong decisions or hesitate; both are dangerous for the organizations. It is the proper management of information system, from which organizations create, store and use information required for the organizations. Employee needs analytical skills to furnish the information in proper way and change to employee knowledge to doing particular task successfully. The knowledge of using information technology (computer, internet, system software and application software) helps the employee and organizations to receive, analyze, use the information with reduced cost, increased accuracy and promptness. A school is the place where people required for different fields. For this a special subject or discipline in the name of knowledge management (KM) has been developed. With the view of knowing the status of management information system, respondents were asked about knowledge and information technology in their respective school. The average score received from their score is 3.76. It revealed that in private school of Nepal, it exist positively but in low extent. Since 21st century belongs to the knowledge workers, private schools are also slowly framing the policy to enhance in this sector. To this status, the responses of male responded was 23% strongly agree and 31 % agree. And the female responses were 22% strongly agree and 51% agree. 50 to 75 % of the respondents of all ages agree that their schools rely on MIS and its deals in knowledge creation. Nearly half of the respondent having intermediate qualification showed indifferences. However majority respondents show that they agree with the fact that their school applies MIS and knowledge based on MIS. Nearly one fourth of 6-10 years experienced and one third of 10 to more years experienced were found undecided to the fact that their schools use MIS to create knowledge and rest irrespective of their experiences, favors on the MIS practices in their schools. Workforce engagement It is also views as the employee commitment as affective, normative and continuance. Once the employee is engaged, they go beyond their duties of meeting business goals and display extra ordinary performances. A number of studies have displayed that employee engagement has powerful relations with business success. It is because employee engagement increases performance/efficiency. The average score on workforce engagement is 3.83 which are also nearly agreed from the teachers. This means that teachers are not kept engaged to produce enough. Research survey conducted by Right management Company (2009) investigated that due to workforce engagement there has been increase 44% higher in retention, 33% in profitability, 50% in productivity, and 56% higher in customer loyalty. This has necessitated shown the importance of introducing some short of system that can enable principal to address such issues. To this status, 23% male were strongly agreed and 40% agreed. Female responses were 26% and 46% for strongly agreed and agreed respectively. 50 to 80% of all age group responded that their schools practices teacher engagement. Nearly half of the respondent having intermediate qualification showed indifferences. 28% of respondent of 1-5 years of experience stated that they cannot say about the workforce engagement practice in their school where as majority of others were in favor to say that their school practice workforce engagement. Workforce environment Workforce environment includes environments that directly or indirectly help to get the task completed without any hurdles. Geographical location, office building, quality of working place, noise, perquisites and benefits, childcare, adequate parking, etc. comes under work force environment. In the absence of workforce environment, proper workforce engagement is barely possible. Transparent & open communication, training & development, work-Life balance, strong team spirit and recognition for hard work are some of the most common prerequisites for workforce environment. The workforce environment felt by employees (teachers) from the 41

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questionnaire is 3.78. This means teachers do not see the workforce environment is appropriate to the schools as it should be. The minimum score responded is strongly disagree and highest is strongly agree. This indicates that there are no uniformities in the work environment inside their school. 23% male respondents strongly agreed and 35 % male respondent agreed that they have good workforce environment. 19% and 55% were on strongly agreed and agreed in the case of female respondents to the support that they have good work force environment.50 to 80 % respondents agree that their working place have good working environment. More than half of the respondent with intermediate qualification expressed undecided on their better school‟s workforce environment. Similarly, one fourth respondents with bachelor and master level respondents also showed undecided concern to workforce environment. 29% of 6-10 year experienced respondent expressed that they are indifference about the workforce environment of their school, whereas majority of rest expressed positively to the existence of workforce environment. Work system Every organization has a pattern of work, and procedures which makes their official work as a system. A single task or activity has no value unless it is not analyzed under the framework of whole school system/functions for which the school is established. Under the work system, an organization defines its framework of work structures. Every work consists of some components, which are customers, product and service, process, participants, information and technologies (Alter, 2006). In a school environment, the customer of work system is teacher, employees and principal. Product and services are classes, counseling, examining the performance of the students. Major activities and the process are assigning the class, preparing contract, preparing and discussing lesson plans in advance, running classes, evaluating the performances, taking remedial actions, rewarding and punishing, conducting and receiving evaluations system. Participants are students, teachers, department heads, principals, parents, management committee chairperson and members, district administrators, resource person, and supervisors. Information of the job consists of job description, job specifications, resume, job applications, short list of applicants, rejection letters, appointment letters, etc. technologies of the jobs include teaching portals, word processors, email, telephone. With the interest of knowing, what the teacher opines regarding the work system defined by their school was analyzed. The average score is 3.81, minimum score is 1 and maximum is 5. This indicates that teacher‟s response varies as to the presence of work system definitions. 35% and 23% male respondents were for agreed and strongly agreed in favor of good work system. 51% and 22% female respondents were for agreed and strongly agreed in favor of good work system. This indicates those principals are not able to persuade work system required by the teachers. 50 to 80% respondents of all ages perceive that they have good working system. Nearly half of the respondents with intermediate qualification are indifference to say that they have good work system. However, a good majority of respondents with higher education expressed positively that they have good work system. Nearly 32% of 6-10 years‟ experience, 24% of 1-5 years, and 24% of 10 to above years of experience respondent were undecided about work system of their school. However, majority respondent remarked positively towards the work system of their school. Work progress Some schools established in Nepal have been disappeared and some have taken growth. If the working culture is not systematic, structured and grown, they will disappear in the future. The staff can judge whether the organizations will grow and sustain or not. The symptoms of growing organizations can be observed in terms work progress that has grown in terms of new classroom building, new library, new departments, new training halls, new children parks, new athletic grounds, etc. Teacher‟s average score in this connection is 3.81, which means neutral to 42

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agree and minimum is strongly disagree to most agree. This reflects that schools have not shown enough progress in a satisfactory manner. 37.5% and 18.8% male and 52.7% and 25.5% female were in favor of agreed and strongly agreed respectively for the issue of work progress. 50 to 75 % perceive that their schools are adopting better work progress. One fourth of respondents with intermediate and bachelor degrees are indifference with work progress and respondent with master level education expressed agree and strongly agreed to the better work progress by 41% and 25% respectively. 28% of 1-5 years, and 26.8% of 6-10 years of experience expressed that they were undecided about the work processes of their school, where as a majority of rest were favorable to the work processes developed in their schools Learning Learning in the organization can be in three forms, as Peter Senge (1990) coined them as pragmatic, normative and inspirational. Pragmatic form means knowledge should not mean for knowledge sake it should have meaning to organizational practice. As normative form of knowledge is to understand the organizational problem with proper diagnosis, as described by Wycoff et al. (1995). The third form is inspirational which means organizations memberâ&#x20AC;&#x;s own self-knowledge regarding the environment, world, cause and effect. Does their organization give opportunity to learn, the answer was made through questionnaire. The average score on this is 3.82; minimum 1 and maximum is 5 in the scale. It resembles that there are variation in learning opportunities and learning from the organization. This score resembles that schools run its operational activities without enough preparation, discussion over the issues and course of actions. Schools are opened in traditional pattern where each subject teachers are independent to each other whereas time has come when they must be interdependent like a team towards enhancing quality of the students. 46% and 17% males were in the opinion that they have learning environment for agreed and strongly agreed respectively and 58% and 22% females were for agreed and strongly agreed respectively. Irrespective of the age, respondents believe that their school has better outcomes. Irrespective of the qualification, respondents were positive towards outcomes of the schools. Irrespective of the experiences, the respondent expressed their favorableness towards students learning in their school. Customer focus In schools, parents and students pay for the service. Therefore, school is an organization where they must try to satisfy the customers through activities like creating better teaching and learning environment. On the enquiries to the status of customer focus, the score is 3.91(neutral to agree), minimum and maximum were strongly dissatisfied to strongly satisfied. This reflects that all schools were not found equally inclined towards customer focus, or give priorities to hearing the customer of the school. 50.0% males agreed that their schools are customer focused, and 21% for strongly agreed to this point. 55% and 24% of females were agreed and strongly agreed in the issues that their school are customer focus. Irrespective of the age, the respondents believe that their schools have been successful to focus students learning. Irrespective of the qualification, respondents were positive to the fact that their schools concentrate on students and parents. Irrespective of the experiences, the respondent expressed their favorableness towards schoolâ&#x20AC;&#x;s efforts and success for focusing students and parents. Workforce focus Like any organization, school should bring programs for teacherâ&#x20AC;&#x;s well-being, stress management, student satisfaction and high turnover. Researchers have investigated that this is possible only if organizations makes endeavor on some teacher-focused activities. Average score on this effort received was 3.72(neutral to agree), minimum was 2 (disagree) and maximum 5 (strongly agree).

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43.8% male teachers agreed that their schools runs programs for workforces and 10.4% male teachers strongly agreed for this. 54.5% female teachers were agreed and 18.2% female teachers were strongly agreed for the issues that their schools are workforce focused. Irrespective of age, the respondents believe that school focuses on successful in mobilizing human resources. Nearly 38% respondent with Bachelor qualification showed indifference to workforce focused outcomes whereas majority respondent with intermediate and master expressed it positively. 29.3 5 of 6-10 years, and 35.1 % of 10 to above yearsâ&#x20AC;&#x; experience expressed undecided to work force focused practice of the school where majority of the rest expressed favorably to work focused practice in the school. Leadership and governance Leaders play an important role in governance by promoting collaboration, joined-up working (Harker et al. , 2004 ) and encouraging commitment at all levels (Robinsonet al. , 2008). Good governance includes three primary activities-transparency, partnership and accountability. The roles of leaders are to maintain the governance system and give direction to the organizations in order to achieve the desired needs. For good governance, the schools need to base their planning and decision making processes more participatory as far as possible. Its financial matters and resource utilizations should be made open for others to know about how the things are going on. The extent of good governance creates image and increases motivational level of the employees. In the response to the leadership and good governance, the teacherâ&#x20AC;&#x;s expression ranges from strongly disagreed to strongly agreed and in average they indicated neutral to agreed in favor of leadership and governance exist in their organizations 35.4% male respondents were agreed and 18.8% strongly agreed. In favor of leadership and governance exist in their school. 52.7% female responses were agreed and 21.8% were strongly agreed. Irrespective of the age, the respondents believe that their school runs with good principles. One fourth respondents, irrespective of the qualification are undecided about the leadership and governance in the school and a good majority of the respondents were positive towards the leadership and governance of the schools. 32.4 % of 10-above yearâ&#x20AC;&#x;s experienced respondents were undecided about the leadership and governance outcomes whereas majority of rest of other experience were found positive toward leadership and governance practice of their schools. Budgetary, financial and market outcome An organization requires a good market response, financial strength, and a balanced budget that addresses all required activities. Market response ensures cash flows and image, financial strength ensures capability to seize opportunity and deliberate preparation of the budget ensures coverage of all activities that organizations prioritize to perform for the betterment of the organization. For the purpose of market response, schools marketing efforts should be intact on their 8 Ps. They are (1) Product elements. (2) Place and time, (3) process, (4) Productivity and quality, (5) People, (6) Promotion and education, (7) Physical evidence, (8) Price and other costs of service (Lovelock, & Wirtz , 1999). All these activities demands for the budget and finance which was enquired through the questionnaire. In the question, does these things are practiced in the organizations(schools).The average rating from the teachers came 3.65 (neutral to agree) and the range was strongly disagree to strongly agree. This indicates that organizations vary in the financial strength and market responses. The strategies regarding 8 Ps can be implemented properly and efficiently if the budgetary provisions are adequate but the responses show it is inadequate. 41.7% male respondents were agreed and 10.4% were strongly agreed to the point that their organizations make proper provisions for budget and financial arrangements marketing. Female responses for

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this were 58.2% on agreed and 12.7% on strongly agreed. Except the teachers of age 40 and above, all others believe that their school is financially sound and makes proper marketing plans. More than one fourth respondents, irrespective of the qualification are undecided about the Budgetary, Financial, and Market Outcomes of the school and a good majority of the respondents are positive towards the progress of budgeting, financial and marketing of the school. 40.5 % 10 to above years experienced respondents and 28 % 1-5 years experienced showed themselves unknown to budget, fiancé and marketing status of their school. Majority of the rest gave positive responses on budget, fiancé and marketing Overall performance excellence score Overall performance excellence score is 3.75 this indicates that it is near to „agree‟, which is positive sign but not strong positive. Table 2: Descriptive statistics for performance excellence level of the schools Min Max Mean Senior leadership Governance and social responsibilities Strategy development Strategy implementation Voice of the customer Customer engagement Measurement analysis and improvement of performance Management information, knowledge and information technology Workforce engagement Workforce environment Work system Work progress Learning Customer focus Workforce focus leadership and governance Budgetary, fiancial and market outcome Valid N (listwise) Source: self-compiled

3.65

Std. Dev .848

3.71

.788

1 1 2 1

5 5 5 5

3.71 3.58 3.91 3.74

.870 .985 .793 .939

3.76

.846

3.76

.944

1 1 1 1 1 1 2 1

5 5 5 5 5 5 5 5

3.83 3.78 3.81 3.81 3.82 3.91 3.72 3.76

.909 .885 .886 .908 .883 .818 .797 .902

3.65

.825

3.75

Analysis of team building capacity in the private schools An organizational outcome is the collective efforts of the members of the organizations. Skills, knowledge and attitude, which are said to be the main components of learning are supposed to be with the members of the organizations to perform a given task. Having these things set up on their mind, members do ensure that organizations are achieving their goals. These require the leaders with team building skills. Organizational achievement and functions are mostly so complex that people with the required skills may not complete it but group of people may required. From this point of view, a team is a group of people who achieves objective being interdependent to each other. Through different process and activities leader (Principal in the school) can formulate and facilitate the team to achieve the goals of the organizations. 45

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Consensus building In any administrative setting, resources allocation and position distribution among the members of the organizations are common aspects. However if due care is not exercised, it can be a great source of conflict to the organizations. In most of the cases, experienced principal can be proactive regarding consensus building. Studies have suggested prerequisites and strategies for successful consensus building in the complex management issues. Some of them are: (a) all can gain something they value in the process. (b) all important players are willing to participate (c) participants agree on the process structure and goal, including a definition of the problem, (d) no one will be asked to compromise a basic value, (e) participants share information with each other or seek information together early in the process, (f) interests are identified and communicated, (g) multiple options are encouraged, and parties discuss criteria by which to evaluate them, (h)the time necessary for negotiation is available, (i), the issue is "ripe" for resolution, and there is a deadline or urgency for decision, (f) the process is transparent and communication with broader,(g) interests occurs throughout; and (h) all parties have authority to make commitments. Regarding consensus building the average response accounts to be 3.77 (neutral to agree), minimum score is strongly disagree and highest score is strongly agree. Male respondent‟s response to consensus building practices in their organizations seems to be 35.4% for agreed and 20.8% for strongly agreed. Female respondent‟s response to consensus building practices in their organizations seemed 74.5% for agreed and 9.1% for strongly agreed. Except the respondents of 40 and above, others agree that school is able to work with the consent of others. Irrespective of qualification, a good majority responded positively that the school runs with consensus. Irrespective of the experiences, a good majority of the respondents were favorable to the consensus building practices in their school. Conflict resolution Consensus building is proactive whereas conflict handling is reactive measures in team building. Literature has indicated the pros and cons of conflict management. Are principals able to manage conflict? To the answer of this question, some strongly agreed and some strongly disagreed. The average score is neutral to agree. The respondents observed regarding conflict resolution practices reveals that 39.6% male were agreed and 20.8% were strongly agreed towards conflict management practices. 60.0% of female respondents were agreed and 20.0% of female respondents were strongly agreed for same conflict management practices in their schools. Except the respondents of 40 years and above, others agree that school is able to solve the conflicting situations. Irrespective of qualification, a good majority responded positively that the school can handle conflicts aroused among the teachers and staffs and management. Irrespective of the experiences, a good majority of the respondents were favorable to the conflict handling practices of their schools. Effective meetings Meeting is an arrangement where principal gets an opportunity to meet teachers, if wisely conducted several information can be known to principal. Meeting is an instruments to build relation, building consensus, handling conflict, making decisions, formulating plans and policies, fulfilling legitimacy and influencing people. Studies have identified various factors that makes meeting to be unsuccessful like poor leadership, lack of preparation, timing, uninterested members, disruptive members, environment, organizational culture and tradition. The responses of the respondent about the meeting was disagreement with the „most disagree‟ to „most agree‟ with the pattern of meeting running in their school. The average remark is „neutral‟ to „agree‟ towards meeting. Whether meetings are properly conducted or not was enquired, only 39.6% male‟s respondents agreed and 20.8% were strongly agreed. 65.5% of female‟s respondents were agreed and 18.2% of females‟ respondents were strongly agreed regarding proper functioning of meetings. 46

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Except the age group 40 and above all others agreed that there effectively meeting is run. A majority of respondent are positive to say that their schools conduct effective meetings. Irrespective of the experiences, a good majority of the respondents were favorable to the effective meeting in their school. Collaboration For handling the team, concept and principles of collaboration is essential. Collaboration is an arrangement for relationship for making mutual benefit, sharing risk and return, and shared responsibility and accountability for common missions. In this competitive environment, many organizations collaborate and strive for common goal so that they can be successful. The leader (principal) under collaborative principle must create and work under collaborative team so that all members feel equally responsible and accountable. To this question, respondent‟s reaction seems to be most agreed to most disagree. In addition, average score comes to be 2.89, which means neutral to agree not much. 37.5% males agreed that their principal works collaborating with teachers and 22.9% strongly agreed for the same. In the case of females‟ responses, it is found that 58.2% agreed and 27.3% strongly agreed for the same. Irrespective the age, respondent agreed on the collaboration with principal. Most of the respondents comfortably agreed that their school maintain collaboration in carrying out daily functions. Irrespective of the experiences, a good majority of the respondents were favorable to the collaboration practices in their school. Group decision-making There are several benefits of group decision over individual decision-making in terms of accessing to more information and knowledge so that many alternatives are generated. For example, parliament members in parliament decide the bills to pass into law; juries in the court decides who is guilty or not, school boards decide whom to upgrade, teachers recruitment and curriculum planning. When decisions are made in a group, it earns social value. However, formation of a group by nomination of people under the influence of a certain powerful person in the school unit sometimes makes decision making process go in the vein. In schools sampled, the respondents‟ opinion towards group decision making seems to be „most disagree‟ to „most agree‟. And average score is 3.80, which means neutral to agree. 43.8% of male respondents were agreed that their principal are involved in group decision making and only 14.6% person strongly agreed for this. 54.5% person female respondents were agreed to this point and 27.3% strongly agreed. Irrespective of the age, all the respondents agreed that group decision making is executed effectively. Regarding group decision making nearly 29 % respondents with intermediate qualification are found undecided, from the same group nearly 29 % showed strongly agreed. Majorities of respondents with Bachelor and Master‟ degree responded positively. Irrespective of the experiences, a good majority of the respondents were favorable to group decision making practices in their school. Commitment to team Team commitment depends on the answer to the questions like participation, choices, team mission, team opportunity, team recognition. The team commitment level in the existing situation seems to be 3.79(neutral to agree) and ranges from most disagreed to most agree. 35.4% of male respondents agreed that schools members are committed to the team and 22.9% strongly agreed that they are committed. 54.5% females agreed and 23.6% strongly agreed in the same point. Irrespective to the age, all respondents opined that there is commitment to team from the principal and other teachers. A good majority of respondent, irrespective of qualification expressed positively to the practice of school team. Irrespective of the experiences, a good majority of the respondents were favorable to team commitment practices in their school. Team building

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Many studies in the organizational team building have prescribed the ideal team of 5 or 6 members. So instead of making team consisting of many member‟s, better options shall be small teams with less members for many functions which is also a cross-functional teams. When members do not get opportunity to contribute fully in a team then team efficiency is decreased. The common principles of team are: (1) define success criteria, (2) lead by examples, (3) value all contributions, and (4) reward success. Ideal team possess characteristics like setting integral goals, sharing responsibility, assigning task to team as a whole, getting feedback and discussing mostly between team members. In the „real team‟, managers like to be team members rather than team leaders. In this periphery, the responses of teachers of different schools are from most disagree to most agree towards their team building practices of the schools. And their responses were averaged to be 3.81, which means neutral to agree.37.5% of male agreed that they form team and 22.9% strongly agreed for the same. 50.9% females agreed and 27.3% strongly agreed in building teams. Irrespective to the age, all agreed that tem building practices are good. Almost respondents, irrespective to the qualification are found that they work in a team. Irrespective of the experiences, a good majority of the respondents were favorable to team building practices in their school. Team trust Team trust is the belief that one‟s effort will bring results in the team. The successful team has its foundation on relationship among the members by trusting each other. Trust is psychological response towards others works or words. Trust in a team can be developed by forming a habit of honesty, sincerity, diligence, and devotion towards works at the same time caring others values and interest. Trust cannot be created in a day; it is the result of continuous practices or involvement. The enquiry made to the teachers on team trust displays that teacher‟s responses vary from strongly disagree to strongly agree with the status of team trust in the schools and average score seems to be 3.75 which mean neutral to agree. 37.5% maintained team trust in their organization and 18.8% of males respondent strongly agreed on team trust. In the case of females 47.3% females respondents were agreed and 27.3% were strongly agreed for the same. Irrespective to the age, all agreed that team building practices are good. Almost all respondents irrespective to the qualification are found that they work in a team. Irrespective of the experiences a good majority of the respondents were favorable to team building practices in their school. Team alignment Team alignment refers to common understanding among the team members. Through the proper process, team is aligned so the duty of team leader (principal) develops a process for it. The purpose of the alignment process is to develop a well-formed team which performs task quickly and effectively based on consensus. Hawthorne consultant (2009) has prescribed how aligned team operates with the clients. It does contracting with clients, assess the clients, design the program, pre-work, makes event, and follow up in the consensus of group members. Regarding team alignment in Nepalese private schools, the opinions of the teachers varied from strongly disagree to strongly agree. The mean score is in between neutral to agree i.e. 47.9% Irrespective to the age, all agreed that tem alignment is very effective. Almost all respondents irrespective to the qualification are found that they have a culture of team alignment.32% of 1-5 years of experienced respondents were undecided about team alignment practice and majority of others, irrespective to experience were found to be favorable to team alignment practices of the school. Delegation The secret of an organizations and multinational lies in the delegation of authority. According to Moore, delegation means assigning work to the others and giving them authority to do so.

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If some of the authorities are given to subordinates to exercise then organizations get two fold benefits; one is stress and overload to head is minimized at the same time subordinates develop the ability to understand and operate organization in the absence of main person. Therefore, delegation is also called human resource development activity that creates a team of experienced and matured managers for the organization and improves overall efficiency of the organization. The issues arise in the team and organizations when delegation should be made and what should be the principles for delegation of authority. The responses of the teachers on the delegation of authority shows that they are in the opinion of neutral to agree and responses vary from strongly disagreement to strongly agree with the existing delegations practices of the schools. Irrespective to the age all agreed that works are delegated to the lower levels. Irrespective of the qualification their responses about the delegation practices in the school show positive result. 29.3% of 6-10 years experienced were undecided about the delegation practices of their school where as rest of the majority were found positive towards the delegation practices of the school. Accountability In a team or organization, accountability lies with the main person who is entrusted to run them. The person who has no knowledge, skills and attitude cannot discharge accountability. To make the school principal accountable in terms of quality of educations, they must be able to perform the task of principal according to their job design. They must be given authority and school policy must support them by giving them a process of performing job. According to the opinion of the teachers towards principals accountability ranges from strongly disagree to strongly agree add mean score ranges from neutral to agree. Irrespective to the age, all agreed that principal and teachers are accountable. One fourth respondents irrespective to the qualification stated that they were not sure that their school is accountable, whereas rest respondent were positive to agree that their school is accountable. 31.7% of 6-10 yearsâ&#x20AC;&#x; experience were found undecided about accountability culture of the school whereas rest of majority were positive towards accountability maintained by the school. Overall team building practices and ability in the private schools Overall result score is 3.76, which means they nearly â&#x20AC;&#x17E;agreeâ&#x20AC;&#x; that principals have team building ability and they practice it. Their reposes is positive but not high positive. Table 3: Descriptive statistics for team building ability of principals Mi Max. Mean Std. n. Dev. Consensus building 2 5 3.77 .807 Conflict resolution 1 5 3.74 1.019 Effective meetings 1 5 3.78 .969 Collaboration 1 5 3.89 .907 Group Decision making 1 5 3.80 .943 Commitment to team 1 5 3.79 .987 Team building 1 5 3.83 .961 Team trust 1 5 3.74 1.029 Team alignment 2 5 3.71 .824 Delegation 1 5 3.70 .906 Accountability 1 5 3.70 .873 Valid N (listwise) 3.76 Source: self compiled

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Transformational leadership practices in the private schools The schools require two types of planning and control system. One is related to day to day efficiency, which is commonly known as performance excellence. This ensures that schools are being run efficiently and effectively with the help of teaching subordinates and staffs. The second, schools should have a vision for the future. It should prepare its teacher for the changed situations of future for which existing capacity and resources will not be sufficient. Both of these situations require dynamic leaders who can address both system. Much has been written about transformational leadership in review of literature. Transformational leaders focuses on team formation, motivation and group effort with the staffs at different levels of an organization to accomplish change while providing opportunities for personal and professional growth for each employee. This part discusses about the main functions of transformational leaders from the teacher perspective which include formation of trust, acting with ethics and integrity, stimulating and inspiring others, encouraging innovating thinking, and coaching people. Building trust Transformational leader‟s first steps is building trust, because every successful team and organization has its foundations on trusting relations with stakeholders. Trust is developed in the organizations by promising the actions and fulfilling it. Leader‟s role on setting directions and continuously convincing the members, and fulfilling actions are important process for building trust. Literatures on how to build trust have given some practical steps of building trusts. Mostly they are- being predictable, being reliable, fulfilling what is said, being faithful on partners capability, being up front with each other to say truth, not being reluctant to state desires, say no when it is not possible to do, expand relationship with consistently, trust to people who are trustable. Teacher‟s opinions about the trust were analyzed in the schools of Kathmandu valley. It was found that teachers response were ranged from the schools were never trustable to school principal were always trustable. However, their mean score is 3.07 which means, often to frequently they can be trusted. Irrespective the age, respondent‟s trust building is sound. Majority of respondent irrespective to the qualification expressed that their school builds trust most of the time but not always. Acting with integrity Transformational leaders act with integrity. They do not believe on power and prestige, but on achievement through instrumental values. Integrity refers to respecting one‟s work by way of keeping full faith on it. Mostly people work for money and power, but the people with integrity works for honors and satisfactions. Workplace integrity starts with honesty, decency and trustworthiness. Successful organizations have people who act with integrity. The sign of integrity in the employee/manager are seen as receiving feedback of the job, accepts personal responsibility, cares about others needs while fulfilling one‟s need, trying to understand other and keeping compassion, seeking advice of others, respect the views that are unusual, performing with honesty even when it is problematic, keeps faith on the act, etc. Teacher‟s responses in this regard seem to be ranged from their leaders work out of integrity to always follow integrity. The mean score of 3.71 shows the level of integrity as often to frequently. Irrespective the age, respondents said that integrity is maintained. Majority of respondent irrespective to the qualification expressed that their school seniors and leaders display integrity most of the time but not always. Majority of the respondent‟s responses irrespective to the experience show that their supervisors and leaders act with integrity most of the times but not always. Inspiring others

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Transformational leaders inspire subordinates to uncover their potential. They want them be creative and innovative. They want others do on their own rather than what is instructed on them. These leaders give emphasis on forming habit of learning rather than instant learning of something. Transformational leaders have a clear vision that they are able to articulate to followers. Leaders are also able to assist followers experience in the same passion and motivation to fulfill these goals (Cherry, 2014). How principals‟ are being judged in the eyes of teachers was analyzed through their responses. Their responses show that principal do inspire in the private school. This means there different types of principals in this regard. In the average the responses were often to frequently they inspire proved by mean score of 3.26. Irrespective the age, respondents said that school principal is success in inspiring others. Majority of respondent irrespective to the qualification expressed that their school seniors and leaders inspires them most of the time but not always. Majority of the respondent‟s responses irrespective to the experience show that their supervisors and leaders inspire subordinates most of the times but not always Encouraging innovating thinking Transformational leaders help to enable people to solve their own problems. They create more innovative opportunities, which means they promote better prospect for employees to try new and innovative activities outside the workplace. They believe that people want to be different so they are different In this regard, the responses were „never these leaders do‟ to „always do‟ and average score was 3.26 which means „often they do‟ to „frequently they do‟. Irrespective the age, respondents opine that school is successful in innovative thinking most of the time. Majority of respondent irrespective to the qualification expressed that their school seniors and leaders display innovative thinking most of the time but not always. Majority of the respondent‟s responses irrespective to the experience show that their supervisors and leaders encourage for innovative thinking most of the times but not always. Coaching people All managers coach and facilitate their subordinates. Coaching is an interactive process in developing new skills and knowledge. It is a special type of learning centered training method, designed to help in building self confidence by training. The objective is developing a person accountable for his or her goals. Whether coaching is practiced in private school or not, teachers‟ responses were analyzed. The results were „never coaches to „always coaches‟ and average was 3.27 which indicates they often coach. Irrespective of the age, all respondent said that school is successful in coaching its staff and teachers. Majority of respondent irrespective to the qualification expressed that their school seniors and leaders coach them most of the time but not always. Majority of the respondent‟s responses irrespective to the experience show that their supervisors and leaders coach others most of the times but not always. Result of transformational leadership Overall transformation leadership in the private schools in Kathmandu valley is 3.20, which means often it is found. It is not found frequently and not always. Table 4: Descriptive statistics for transformational leadership of the principals of Kathmandu valley Min. Max. Mean Std. Deviation Build trust 0 5 3.07 1.123 Acts with integrity 0 5 3.17 1.133 Inspires others 0 5 3.26 1.102 Encourages innovative thinking 0 5 3.26 1.188 51

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Coaches people Valid N (list wise) Source: self-compiled

3.27 3.20

1.095

Conclusion The age of the respondents ranges from 2 years to 31. Their qualification ranges from BA to MA. Experience is 6 to 10 years. In the average the respondents ranges of responses whether there is operational efficiency exist is neutral to agree. In the response to what extent their leaders display team building skills also, overall responses is neutral to agree. This means they agree but not strongly agree. Similarly, answer to the to what extent they show transformational leadership in the school , the respondents overall responses lie in the range fairly often to frequently. It was found they affected partially. In the analysis of the responses of male and female, It was found that females tends to rate higher than males in working excellence of their schools: senior leadership, strategy development, work progress, learning, workforce focus, leadership and governance, budgetary, financial and market outcome, under performance excellence factors. Quantitative information from the above analysis reveals that their teachers with whom principalâ&#x20AC;&#x;s must work have remarked performance of the schools, their team building and team works and leadership skills as not good as supposed to be. My study has come to end with the progressive outcome in relation to Nepalese private school principal highlighting on various aspect that they have to change, execute and enact. I have always thought Leadership is time and again differentiated from management. Leadership is described as a platform where directions are set and staffs are inspired that enhances school performance and improvement. From this research, I came to conclusion that leadership not only enough to hold the strand of present scenario for the principal. They need equal and enough transformational preparation in relation to the present context. In the responses of respondents of Nepalese teachers, it can be noticed that they prefer to agree mostly with community which needs more assorted population of student, to careful towards gender and culture issues, to enhance cohesion among groups, to use emerging technology, to develop professionalism, to support democratic way, and carryout researches in the field of pedagogy. In my opinion school principal must work in collaboration with staffs, teachers, community members, for setting a clear vision that can bring change and development of the school. The vision should always be in line with stability over long time and quality of the education that schools impart. His leadership, while doing so must embrace lower level staffs, too, because they are important elements to carry out working functions. The foresight is the most important quality because school principal needs to be proactive to solve every future uncertainty; because these uncertainties cannot be fully controlled but being proactive the negative effects that caused are reduced. Now a dayâ&#x20AC;&#x;s it is seen that school remembers past glorious days and forget the future which are full of uncertainties the loss of which can be minimized by being proactive. For the purpose of better future schools need to discuss the three things: these can be current culture and atmosphere of the school, better leadership for making the schools best and bringing the best to change the existing situations (Fullan, 1993). Any secondary school and its principal can prove its reason of existence if its performance excellence is at least of acceptable level to the teachers, community members, students as well as planners of the nations who makes education plans. However, this study tries to investigate performance excellence through the eyes of teachers who are the key people in the school. On the analysis of the responses received from the teachers regarding different aspects of working excellence, the results seems to be inclined towards positive, even though they were not adequately positive. Regarding team building practices and efforts teachersâ&#x20AC;&#x; indication also matches to working excellence and again this is linked with the transformational leadership skills and practices of the school principal. These were found to be associated. Therefore a logical

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ground is set because of transformational leadership skills the teacher‟s endeavor as a team are affected and it has further consequences on the performance of the school. References Adams, J. (1986). Transforming leadership: From vision to results. Alexandria: Miles River Press. Alexander, J. (2006). The challenge of complexity. In Hesselbein, F. and M. Goldsmith (Eds.), The Leader of the Future 2: Visions, Strategies, and Practices for the New Era, pp. 85 – 94. San Francisco: Jossey-Bass. Alter, S. (2006a). Pitfalls in Analyzing Systems in Organizations, Journal of Information System Education, 17(3), pp. 295-302. Avolio, B. J., Waldman, D. A., & Yammarino, F. J. (1991). The four I's of transformational leadership. Journal of European Industrial Training, 15(4), 9-16. Bandura, A. (2001). Social cognitive Theory: An agentic perspective. Annual Review of Psychology, 52, 1–26 00000000000000000 Barling,J.,Weber,T.,& Kelloway,E.K.(1996). Effects of transformational leadership training on attitudinal and financial outcomes:Afield experiment. Journal of Applied Psychology, 81,827832 Bass, B.M. (1985) Leadership and Performance beyond Expectation. New York: Free Press. Bass, B.M. (1990) Handbook of leadership: A survey of theory and research. New York: Free Press. Beare, H., Caldwell, B.J. and Millikan, R.H. (1989) Creating an excellent school. London: Routledge. Burns, J. M. (1970). Leadership. New York: Harper & Row. Cherry, K. (2014). What is transformational leadership? Retrieved from http://psychology.about.com/od/leadership/a/transformational.htm on 6.07.2015 Creswell, J (2003). Research design: Qualitative, quantitative and mixed methods approaches. Thousand Oaks CA: Sage Publication Day, D. (2001). Leadership development: a review in context. Leadership Quarterly, Vol. 11, No. 4, pp. 581 – 613. Eccles, R.G. (1991). The Performance Measurement Manifesto. Harvard Business Review 69 (1): 131138; Fullan, M. (1993). Change forces: Probing the depths of educational reform. Bristol, PA: Falmer Press. Greenfield, W. (1982). A synopsis of research on school principals. Washington, DC: National Institute for Education. Harker, R.M., Dobel-Ober, D., Berridge, D & Sinclair, R. (2004). More than the sum of its parts? Inter-professional working in the education of looked after children. Children and Society , 18 , 3, 179–193. Hawthorne Consultants 2009, Retrieved from, http://hawthorneconsultants.com/Top-teamAlignment.html on 04.07.2015 Ittner, C.D. & Larcker, D.F. (2005). Moving from strategic measurement to strategic data analysis. In Chapman, C. (Ed). Controlling strategy: Management, accounting, and performance measurement.. Oxford University Press; Julian, S.D. & Scifres, E. (2002). An interpretive perspective on the role of strategic control in triggering strategic change. Journal of Business Strategies. 19(2): 141-159; Robinson, M., Atkinson, M. & Downing, D. (2008). Supporting theory building in integrated services research. Slough: NFER [online]. Available: http://www.nfer.ac.uk/publications/pdfs/downloadable/CYLe-report.pdf [10 September, 2008]. Schaufeli, W. B., Martínez, I. M. , Pinto, A. M., Salanova, M., & Arnold, B. B. (2002). Burnout and engagement in university students a cross-national study, journal of CrossCultural Psychology, Vol. 33 No. 5, September 2002 464-48 Senge, P. (1990) The fifth discipline: The art and practice of the learning organization, New York: Currency Doubleday. 53

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Wycoff, J. et al. (1995) Transformation thinking: Tools and techniques that open the door to powerful New thinking for every member of your organization, Berkeley, CA: Berkeley Publishing Group. Yukl, G. (2001) Leadership in Organisations: New Jersey: Prentice Hall.

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International Journal of Humanities and Social Sciences p-ISSN: 1694-2620 e-ISSN: 1694-2639 Vol. 4 No. 1, pp. 55-65, ©IJHSS

Traditional Akan Ethics: Relevant or Trash to Ghanaians Today? George Anderson Jnr. (M. Phil.)1 Department of Religion and Human Values, University of Cape Coast, University Post Office Cape Coast, Ghana, West Africa. Email: georgeanderson58@yahoo.com Abstract Many works exist on the Akan people of Ghana. Whereas some present their history, sociopolitical structures, and their languages others examine their ethical systems. Nevertheless, from the past through to the present, it seems Ghanaians have drifted from applying and using the content of Akan ethics in their world of life. This drift raises the question of what went wrong or right within the timelines. In view of this, there calls the need to investigate and examine Akan ethics and to establish whether it serves any relevance or not, to Ghanaians today. In this study, the paper uses the historical and descriptive research methods. The paper‘s findings are that to a very large degree, majority of Ghanaians have let go of Akan ethics for Western culture, have refused to value Akan ethics and then perceives Akan ethics to be archaic. In view of these major reasons and others, the paper maintains that Akan ethics is of no relevance to Ghanaians today. In this perspective, the paper concludes on the note that Ghanaians should revisit, revive, reinstate and apply Akan ethical systems to problem solving situation in Ghana today. This will preserve and maintain the wisdom enshrined in Akan ethics for the present and future generations. Keywords: Akan ethics, Ghanaians, relevant, Traditional Akan, trash Introduction Ghana and Ghanaians have earned many accolades from different cultures. Some of the notable accolades are hospitability, generosity and peacefulness. There is reason to believe that Ghana and Ghanaians earned the accolades because of their ―nature‖. By the term nature, the paper implies, the way and manner Ghanaians behave, receive strangers, and all manner of human persons into their fold. Nevertheless, the ‗nature‘ of Ghanaians did not come in a vacuum. Studies have proven that the ethical values shaped their nature. By ethical values, the paper refers to Akan Ethics. It is partly in view of this background that Ackah (1988) maintained that caution, careful and painstaking studies of Akan traditional beliefs and practices be undertaken to avert the loss of wisdom of the past2. Looking at the present state of Akan ethics vis-à-vis Ackah‘s observations, there is reason to suggest that Ackah made a laudable postulation. This is because his assertion has been affirmed in a study conducted by Anderson (2013) on ―the future of Akan George Anderson Jnr. is a Senior Research Assistant in the Department of Religion and Human Values, University of Cape Coast in the section of Ethics and Society. His research interests are in the area of Philosophy of Religion, Akan Ethics, Humanistic Ethics, Logic, and Penteco-Charismatic Church Studies. 2Ackah, C. A. (1988). Akan ethics: A study of the moral ideas and the moral behaviour of the Akan tribes of Ghana. Accra: Ghana Universities Press, pp. 19-20. 1

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ethics‖. In that study, Anderson (2013) compares how Akan ethics worked in the past with the present and maintains: majority of the prominent Akan ethical values seems to have been abandoned. Secondly, Akan ethics seems to have lost its value3. His stance was based on the less attention he observes Ghanaians today have given to Akan ethics. Thirdly, majority of Ghanaians have developed much interest in foreign culture. Finally, he notes that the individualistic tendencies have gradually taken over the Akan communalistic philosophy. Now, if one infers from the numerous studies and findings by the scholars on Akan ethics, there is reason to investigate into and ascertain the relevance or otherwise the trashiness of Akan ethics to Ghanaians of today. Methodology This study is a qualitative type. The historical and descriptive research designs were adopted as the study‘s design. Wiersma (1986) says historical research is the type of research design that deals with critical inquiry into past events. This inquiry for Wiersma (1986) helps to produce an accurate description and interpretation of those events4. Authors such as Isaac & Michael (1977) say a descriptive research systematically describes the facts and characteristics of a given population or area of interest, factually and accurately5. For Kothari (2004), descriptive research includes surveys and fact-finding enquiries of different kinds. He adds, the major purpose of descriptive research design is to describe the state of affairs, as it exists at present6. The study adopts the two research designs because the topic under discussion requires a historical and descriptive analysis of past and present events to make a case for today. The study involved a total number of five opinion leaders and five clan heads from Cape Coast and Ajumako Ochiso respectively. Of the five opinion leaders, three were men, whereas two were females. The clan heads composed three men and two women. The opinion leaders and clan heads were selected purposively for the study. This is because the researcher knew that such groups of people have the information needed for the study. Traditional Akan People of Ghana The term ―traditional‖ is very important for discussion in this context. This is because the term explains the indigenous and unadulterated state of a particular entity, in this case, the Akan people of Ghana. Appiah-Sekyere and Awuah-Nyamekye (2012) highlight on the term traditional Akan. They write that the term ―traditional Akan‖ people refer to the Akan people of Ghana who hold on to the African indigenous religion who their forebears bequeathed to them7. Away from the two authors, statistical data from the Ghana‘s 2010 Population and Housing Census records that the Akan represent 47.5% of the total population of Ghana. The Akan according to the data are mostly located in the Ashanti and Brong Ahafo regions; greater parts of the Western and Eastern regions; the whole of Central region except the Efutu and Awutu around Winneba; and a small area in the Northern part of the Volta region. The Akan include the Asante, Bono, Denkyira, Tufu, Assin, Wassaw, Sefwi, Akwamu, Akwapim, Akyem and Adansi. The main languages they

3Anderson,

Jnr. G. (2013). The future of Ghanaian-Traditional-Akan ethics: Bleak or bright? American Journal of Social Issues and Humanities, 3(5), p. 257. 4Wiersma, W. (1986). Research methods in education: An introduction, (4th ed.). Boston: Allyn and Bacon. 5Isaac, S. & Michael, W. B. (1977). Handbook in research and evaluation. San Diego, CA: EdITS Publishers, p. 18. 6 Kothari, C. R. (2004). Research methodology: Methods and techniques, (2nd. rev. ed.). New Delhi: New Age International Publishers, p. 2. 7Appiah-Sekyere, P. & Awuah Nyamekye, S. (2012). Teenage pregnancy in the life and thought of the Akan: Moral perspectives. Sociology Study, 2(2), 129.

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speak are Twi and Fanti8. Figure 1 below is a map of Ghana. The shaded areas on the map show where the Akan people of Ghana occupy. Figure 1: Map of Ghana9

NB: The shaded areas on the map show where the Akan people of Ghana occupy.

Anderson, Jnr. G. (2013). pp. 257-8. See also: Ghana Statistical Service (May, 2012). 2010 Population and housing census: Summary report of final results. Accra: Ghana Statistical Service, p. 34. See also: Awuah Nyamekye, S. (2009). The role of religion in the institution of chieftaincy: The case of the Akan of Ghana. Lumina, 20(2), 1-2. 9 Map of Ghana sourced from: Anderson, Jnr. G. (2013). p. 258, or See: http://www.cla.purdue.edu/ppp/projects/Berekum.htm l, See also: Awuah Nyamekye, S. (2009). The role of religion in the institution of chieftaincy: The case of the Akan of Ghana. Lumina, 20(2), 1-2. 8

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Conceptualising the terms Ethics and Traditional Akan Ethics Under this section, the paper briefly explains the terms ethics and traditional Akan ethics. Explanations of the terms are important for the sake of clarity and reader-guide. Explaining the term Ethics The term ethics is technical10. For some philosophy scholars, the terms ‗moral‘ and ‗ethical‘ are often taken to be identical, and have as their cognate, the word ‗morality‘ 11. Fagothey (1959) traces the roots of the term ethics and gives a definition. For him, ethics comes from the Greek word ethos (meaning custom). It is often used to mean a man‘s character. The Latin word for custom is mos; its plural, mores, is the equivalent of the Greek ―ethos‖. From mores, we derive the words moral and morality which means the rightness or wrongness of human acts‖12. In the words of Azenabor (2008), ethics consists in the study of the fundamental principles (i.e. the ‗whys‘ and ‗why-nots‘ of human action or conduct). For him, the principles guide the individual‘s conduct within the context of the social interactions and the community. In sum, his definition implies that ethics is all about human behaviour or conduct.13. In Ethics: Discovering right and wrong, Pojman and Fieser (2012) first maintain that ethics is a branch of philosophy. Secondly, they say ethics guides the individual‘s way of life and provides him/her with good ideas. They also see ethics to deal with concepts such as ―right‖ and ―wrong‖14. Like Fagothey (1959), Anderson (2013) understands ethics as a science. For him, ethics studies people‘s way of life. This study includes studying the customs, behaviours and the people‘s patterns of adaptation and change to culture 15. Philosophically, the study of ethics divides into two distinctive fields, theoretical and practical ethics. Theoretical ethics subdivides into normative ethics (under normative ethics are axiology and normative ethics of behaviour) and metaethics whereas practical ethics is also called applied ethics16. The branches of ethics is summarised in Figure 2 below. Figure 2: A Brief Sketch of the Philosophical Study of Ethics Theory/Theoretical Ethics

ETHICS

Practice/Practical Ethics

APPLIED ETHICS NORMATIVE ETHICS

Axiology (Study of Values)

META-ETHICS

Normative Ethics of Behaviour

Political Ethics Research Ethics Business Ethics Medical Ethics etc.

Gyekye, K. (2013). Philosophy, culture and vision: African Perspectives: Selected essays. Legon, Accra: Sub-Saharan Publishers, p. 206. C. (2007). Moral thinking in Traditional African society: A reconstructive interpretation. Journal of Philosophy and Religion, 8(1). Retrieved from http://agulanna.blogspot.com/2008/06/hh.html Accessed on 17th December, 2014. 12Fagothey, A. (1959). Right and reason: Ethics in theory and practice, (2nd ed.). Rockford, Illinois: Tan books and Publishers, p. 29. 13Azenabor, G. (2008). The Golden rule principle in an African ethics, and Kant‘s categorical imperative: A comparative study on the foundation of morality. QUEST: An African Journal of Philosophy / Revue Africaine de Philosophie, p. 230. 14Pojman, L. P. & Fieser, J. (2012). Ethics: Discovering right and wrong,(7th ed.). USA: Wadsworth, p. 2. 15 Anderson, Jnr. G. (2013), p. 259. 16 See: Machiavelli II: The three branches of ethics. Retrieved from http://www.exurbe.com/?p=1489 on 17th December, 2014. 10

11Agulanna,

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From the discussions on ethics, we understand the term ethics as that branch of philosophy that studies the ought of human conduct. Traditional Akan Ethics Barely few people have written on Akan Ethics. However, majority of the literature17 on Akan present their history, socio-political structures, and their languages. Only a handful of literature exists on their ethical systems. Nonetheless, in this work, we fall on Ackah (1988) whose work on Akan ethics serves a good reference point. The expression, „Akan ethics‟ is very difficult to define. For Ackah (1988), one of the difficulties is that „Akan ethics‟ is not systematically presented, or stated in a series of coherent and logically related propositions. Rather, Akan ethics describes a system of ethics worked out pragmatically in the day-to-day living of the people. Ackah (1988) notes that Akan ethics are enshrined in Akan language of morals, which are; maxims and idioms, nouns, adjectives, proverbs, ananse18 (italics mine) tales, drums and horns19. Like Ackah (1988) who attempts a definition of Akan ethics, Anderson (2013) writes, traditional-Akan ethics is the unadulterated practical normative science of the moral values, ideas and behaviours of the traditional Akan people of Ghana20. Generally, the constituents of Akan ethics are enshrined in the ‗Adinkra‟21 symbols and Akan proverbs. Some of the notable ‗Adinkra‘ names and their symbols that educate the Akan people on ethical lessons are the ―Gye Nyame”, “Sankofa”, ―Boa me na me mmoa wo”, and ―Bi nka bi”. In Figure 3 below are the symbols. Figure 3: Some Selected Notable Akan Adinkra Symbols and their Meanings

Gye Nyame

Sankofa

Boa me na me mmoa wo

Bi nka bi

The Akan word ―Gye Nyame”, literary means ―Except God‖ translates into ―Fear no one, except 17 See the following works: Agyekum, K. (2010). The Sociolinguistics of Thanking in Akan. Nordic Journal of African Studies God‖.

19(2): 77–97 Arkoh, R. B. (2011). Semantics of Akan bi and nʊ (Doctoral dissertation, University of British Columbia (Vancouver). Awuah-Nyamekye, S. (2009). The role of Religion in the Institution of Chieftaincy: The case of the Akan of Ghana. Lumina, 20(2), 1—17. Botchway, De-Valera N.Y.M., & Sarpong, A. A. A. (2015). Indigenous work ethics among Akan of Ghana Religions: A Scholarly Journal. 14, 41-49. DOI: 10.5339/rels.2015.work.14 Eshun, E. K. (2011). Religion and nature in Akan culture: A case study of Okyeman environment foundation. Master‘s essay submitted to the Department of Religious Studies in conformity with the requirements for the degree of Master of Arts Queen‟s University Kingston, Ontario, Canada. Retrieved from http://qspace.library.queensu.ca/bitstream/1974/7417/1/ESH UN_EDWIN_K_201106_MA%20.pdf Accessed on 26th July, 2015. Gyekye, K. (1978). The Akan concept of a person. International Philosophical Quarterly, 18(3), 277-287. Warren, D. M., & Andrews, J. K. (1990). Akan Arts and Aesthetics: Elements of Change in a Ghanaian Indigenous Knowledge System. Technology and Social Change Program, Iowa State University. 18The Akan word “ananse” literary means spider. ―Ananse tales” as used in this context by Ackah (1988) refers to the wise stories elderly folks narrate to people in the community to draw out moral lessons for life. 19Ackah, C. A. (1988). Akan ethics: A study of the moral ideas and the moral behaviour of the Akan tribes of Ghana. Accra: Ghana Universities Press, p. 20, 25-27. 20 Anderson, G. Jnr. (2013), p. 257. 21 The word Adinkra is a printed or stamped traditional cloth made by the Asante people of Ghana. The symbols, which decorate the cloth, are called Adinkra symbols. These symbols are used to decorate much more than clothes, including houses, furniture, pottery, textiles, metal casting, woodcarving, architecture, etc. Each Adinkra symbol has a name and a proverb associated with it. Every Adinkra symbol has a meaning, which is a word of wisdom reflecting the philosophy, religious beliefs, social, ethical values and political history of the Akan people.

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The Akan word, ―Gye Nyame”, which literary means ―Except God‖ translates into ―Fear no one, except God‖. The symbol reflects the Akan belief of a Supreme Being, Omnipotence and the Omnipresence of God, the creator who the Akan refer to by various names, e.g., Oboadee, Nyame, Onyankopon. ―Sankofa” literary means ―Return and get it‖. This Akan Adinkra symbol reflects the importance of learning from the past to build the future. The symbol is of a bird that has its foot firmly planted forward, but its head turned backwards. ―Boa me na me mmoa wo” means literary translates as: ―help me and let me help you‖. This symbol projects the ethic of cooperation and interdependence among people in the society. ―Bi nka bi” literary means ―no one should bite the other‖. The symbol teaches that everybody must live at peace with his/her fellow human. Away from the Adinkra symbols and the ethics they espouse, Akan proverbs are important for discussion. This is because proverbs, like the symbols formed a core aspect of Akan ethics. The Akan people of Ghana call proverbs, ―bɛ” or “abɛbusem”22. These are wise sayings couched by the elderly persons in the traditional society. They are picturesque and express a hidden or obvious wisdom and to communicate expected codes of behaviour23. In a personal communication with ten opinion leaders, and clan heads24, they explained some prominent Akan proverbs and the moral lessons the proverbs presented to the society. They maintained: “Esen w‟agya tsentsen a, nna nnyɛ wo pɛn bi a”. The proverb literary means, “If you are taller than your father, it does not follow that he is your equal” 25. The leaders explained that the ethic enshrined in this proverb is respect, mostly for the elderly in society. The proverb translates as: no matter well-off a person is in life, it is that person‟s duty to show respect to all those who are superior to him in age. Sarpong (1974) suggests that our forebears to demonstrate the dignity and respect due the elderly persons in the society couched the proverb. For Sarpong, the elders in the society knew that at old age, it is plausible for the youth in the society to claim equality with the old. In this essence, there was the need for an ethical mechanism that would check behaviours, most especially, the youths‘. Another important indicator for the proverb according to Sarpong (1974) is that the elderly persons are regarded as the embodiment of words of wisdom, history, knowledge and at times the final authority in decision making26. The reasons above in the perspective of Sarpong (1974) partly explain why the elderly in the society were and are consulted in many cases for pieces of advice and directions in life. Other Akan proverbs that the ten opinion leaders and clan heads cited are as follows: “Amma wo nyɛnko anntwa akono a woso nntwa du”. The proverb literary means, “If you do not allow a friend to cut nine, you cannot cut ten”. “Wotiatia obi de so hwehwɛ wo de a, wonhu”. The proverb literary means, “If you trample upon what belongs to someone in the hope of finding what belongs to you, you never find it” 27. The proverbs above, according to the leaders teach that selfishness does not pay. In other words, interest in other people‘s welfare is more a certain way of ensuring one‘s own interest. Apart from the Adinkra symbols and proverbs that constitute Akan ethics, the ten opinion and clan heads maintained that virtues like Nokwaredzi (truthfulness), Papa or Papayɛ (goodness), Asem-trenee (just or righteousness), abotare (patience), Ͻdↄ (love) were encouraged to be pursued See: Yankah, K. (1986). Proverb speaking as a creative process: The Akan of Ghana. Proverbium 3:195-230. Kquofi, S., Amate, P., & Tabi-Agyei, E. (2013). Symbolic representation and socio-cultural significance selected Akan proverbs In Ghana. Research on Humanities and Social Sciences, 3(1), 86. 24 Personal interview with ten opinion leaders and clan heads on 12 th May, 2015. 25Ackah, C. A. (1988), p. 52. 26Sarpong, P. (1974). Ghana in retrospect: Some aspects of Ghanaian culture, (reprint 2006). Accra: Ghana Publishing Corporation, p. 65. 27Ibid. 22

23See:

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by the members in the society. Aside the virtues, society abhorred certain vices. Some of the abhorred vices are; Awudzi (murder), Nkontompↄ (deceit), Apɛsɛnnkonya (selfishness) and Aniamonho (disrespect). The Present State of Akan Ethics: An Observation The paper maintains that Akan ethics is in its bad state. This is because there seem to be no active and existing structures keeping Akan ethics operative and vibrant at present. This is evident in the following developments. In Ghana today, the elderly person‘s moral right to render punishment seems to have been buried to the earth by some people in the society. This is in view of the seemingly impermissibility of elderly persons to chastise a child who has misbehaved in the society. If they did, the parents of the child retaliated vehemently against that elderly person. Moreover, the youth and children use abusive words on elderly persons without feeling remorse. They also barely show respect for authorities in the society. Away from the above, there is reason to mention that technological advancement, diverse philosophical stance on democracy, and the heightened desire expressed in foreign cultures by majority of Ghanaians has rendered Akan ethics of no or less relevance. Akan ethics seems to have no significant role and place in the Ghana‘s educational system/curriculum. There seems to be no Akan Ethics taught-courses integrated in the school‘s curriculum to expose Akan ethics. However, courses like the History of America, Russia, Modern Europe, Caribbean and the like are rather tailored into Ghanaian school‘s curriculum. This, to a large extent has obscured the exposition of Akan ethics.

In the past, there were Ghana‘s educative television programmes like “Che Che Kule”, “Fan World” and ―By the Fireside”. These television programmes were geared towards teaching Ghanaian children and the youth moral lessons and exposing Akan ethics. Nevertheless, such educative programmes are no more. Instead, traditional priests and priestesses who perform magic and incant spell are the programmes streaming on almost every television station in Ghana. Pastors and politicians who are expected to be epitome of life and embodiment of knowledge now pose insults against each other and are telecasted on television and aired on radio stations daily. Moreover, Ghanaian movies, music and advertisement on national and private televisions are now oriented with abusive languages, alcoholic beverages and with pornographic scenes. Entrepreneurs have subscribed to cocaine business and fraud to the international level and have defamed the nation, Ghana. The question is, where are the ethics that shaped the lives of Ghanaians that earned Ghana many respectable accolades? Nonetheless, if we should go by the current developments in Ghana, can we deny the assertion that Akan ethics is in its bad state? Discussions: Traditional Akan Ethics vs. Ghanaians Today: Relevant or Trash? Today, one observes an attitudinal change in majority of Ghanaians vis-à-vis their moral lives. This change is evident in varied endeavours. Decisively, in the areas of religion, morality, politics, work, and social dimensions (dress code, behavioural attitude etc.). Some of the issues that narrow down to such endeavours are, but not limited to bribery and corruption, religious confrontations, armed robbery, rape, chieftaincy crisis, industrial actions, and internet fraud called “Sakawa28”. On religious front, there are many streaming topical issues. For example, 28The

word SAKAWA as used in the text is understood to mean Internet fraud. It generally involves the youth who cheating people via the internet to get hold of huge sums of money from such victims‘ financial account. Recently, it has taken a different

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religious manipulation, religious commercialisation, religious competition and the use of fear by Penteco-Charismatic pastors and traditional priests to accrue wealth from people. Today, it can be called a ritual to hear and watch religious personages29 airing on national radios and televisions respectively to showcase their potentials. Often times, they display and discuss about some selfmade ‗religious products‘30. Such products are hyped and are told to possess supernatural powers and origin. Nevertheless, testimonies by some church members coupled with self-pilot studies conducted in four Penteco-Charismatic churches31 in Ghana revealed how three different head pastors from three of the four Penteco-Charismatic churches charge32 their clients sums of money before their (clients) problems are addressed. Away from religious commercialisation and manipulation, one reads from the national dailies about pastors undergoing public disgrace coupled with court charges. Primarily because of their failure to fulfill a promise made after acquiring spiritual powers from traditional priests to cause exponential increase in church membership, or by duping people to accrue wealth, bathing, impregnating, and having sexual relations with another man‘s wife. Nevertheless, in the past, such practices were abhorred and rare to hear. This is because Akan ethics vehemently opposed such vices. In this regard, it espoused friendliness, care, faithfulness, no cheating, and desisting from having sexual relations with one‘s husband or wife. Moving away from religion, the paper turns to the youths in Ghana. In almost every Ghanaian traditional society at past, it was rare to observe the elderly folks disregarded, insulted, challenged and battered by the youth33. Again, the youths34 (young girls and men) in the society dressed modestly and attached respect to sharing greetings. Dressing was purely a cover-up of the entire human body. This implies covering the breast area to the feet. There was no room left for someone to observe one‘s breasts, thigh or buttocks. Greetings were to be couched in a polite manner. Young girls were to lower their height to say “me pa wo kyew, me ma wo akye” in the Twi language which translates, ―please good morning‖. The young men were of no exemption, however, they were to remove their hats or caps to share greetings. Gambling and fraudulent means of getting money was hard to hear about the youth. The manners above expressed by the youth became practical and grounded because there were operating mechanisms devised to check the conducts of people in the society, i.e. Akan ethics. These manners/attitudes portrayed by the youths in the society were by diverse means inculcated into them. One of such means is referred to as ‗by the fire side‟. This term ―by the fire side” was couched inferring from a particular setting. A setting whereby children and the youth gathered under a tree in the evening for an educated elderly folks from the society to narrate to them stories. Normally, during this setting, fire was set in the midst of the people gathered. The aim was to provide warmth to those who may feel cold. Generally, the content of such stories admonished the listeners to put up chaste

form. Sacrifice ritual has been introduced into this venture with the aim of rapidly gaining much money from their victims. 29 By religious personages, the paper refers to pastors, magicians, traditional priests and priestesses. These persons are all over in the dailies, on the internet, and national televisions claiming to have powers to address people‘s problems. Generally, they display their phone contacts, web home page address and religious artefacts to attract people. 30 Some of the notable religious products are anointing oils, holy water, handkerchiefs, scarves, and stickers. 31 The five Penteco-charismatic churches are Ebenezer Miracle and Worship Centre (Kumasi, Ahenema Kokoben), International God‘s Way Church (Accra Branch), Synagogue Church of All Nations (Accra Branch of the T. B. Joshua fame), and Perez Chapel International (Accra, Dzorwulu Branch). 32 In two of the churches I visited, five respondents narrated to me that they have each spent an amount of GH¢ 2000 for daily acquisition of Christian religious products (anointing oil and holy water) and lodging.. 33 Anderson, Jnr. G. (2013), p. 260. 34 By the term youth and its relation to young girls and men, the paper refers to both girls and boys with age range between 18 and 30 years.

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lives, embrace good behaviours and to eschew bad attitudes so that they became responsible children and adults in the future35. In Ghana today, it is very rare to see young girls who have tailored their dresses to their feet or beneath their knee level as it used to be in the past. Generally, they dress to expose their thighs, breasts, beads, and their buttocks. This dressing is generally called “I am aware”36. The young men dress with their collar standing, and under wears showing. At other times, one finds their (young men) trousers pulled down. This type of dressing is called ―autofista”. In the rural and some parts of the urban settings in Ghana, one observes how some of the youths maltreat the aged. In this regard, the aged are insulted, yelled at, pushed down, and severely battered 37. Moreover, almost all social vices ranging from internet fraud, rape, armed robbery, abortion to theft are associated with the youth. Moving to the political terrain, there is reason to argue that politics in Ghana today is characterised by insults (abusive language), cheating, deceits, unfairness and favouritism. Furthermore, most politicians especially, those in government seem not to care for the entire nation. They live luxurious life furnished by the taxpayers‘ monies whereas the majority of the Ghanaian populace wallows in the quagmire of poverty and squalid conditions38. Still on politics and its relation to governance, there is the issue of bribery and corruption, the appalling attitude of workers to work and the clients who come to seek clarification on issues. Studies39 conducted on corruption in one hundred and twenty nine (129) African countries placed Ghana as third (3rd). However, if the findings revealed by the studies are facts to go by, then there is reason to question the state of Akan ethics and its relevance to current trends of developments vis-à-vis the attitudes of Ghanaians. This is because one would want to know the whereabouts of ‗the ethics‘ (Akan ethics) that guided and shaped the lives of people in almost every Ghanaian society in the past. The question is can we still place hands on these ethics? If we (Ghanaians) can, then, wherein lies their relevance to us today? Conclusion The paper sought to investigate the relevance or trashiness of Akan ethics to present day Ghanaians. The paper‘s findings point to the following. Firstly, Akan ethics is in its bad state. This is partly because the structures and mechanisms that keep Akan ethics vibrant and operative are extinct. Secondly, Akan ethics serve no relevance to Ghanaians today. In one development, this stance is evident in the maximum attention and importance the Ghana‘s educational system has attached to the study of Western taught-courses (for e.g. History of America, Russia, Modern Europe, Caribbean etc.) in Ghana‘s Senior High Schools and Universities than courses that are Ghana-oriented- for e.g. Akan ethics. Secondly, Ghanaians today have developed much desire in and interest for western culture and their ways of doing things. Here, the paper makes reference to the style of dressing, the way of talking, and the manner the youth treat elderly persons in the society. Finally, the paper notes that there seems to be less or no application of Akan ethics in the political, religious, economic, business, and social spheres of Ghanaians. In view of the findings, the paper concludes on the note that Ghanaians should revisit, revive, reinstate and apply the Akan ethical values and ideas that shaped their moral life in the past. This will in turn preserve and maintain the wisdom enshrined in Akan ethics.

See: Sarpong, P. (1974). & Gyekye, K. (1996). African cultural values: An introduction. Accra: Sankofa Publishing Company. ―I am aware‖ in the sense that she is already aware that her vital bodily parts are displayed and they are intentionally exposed. 37 See: Ntreh, B. A. (2008). Sexual and domestic violence. Cape Coast: Hampton Press, pp. 98-104. 38 See: Pobee, J. S. (1991). Religion and politics in Ghana. Accra: Asempa Publishers. 39Studies conducted by Transparency International. See: http://www.transparency.org/country/#GHA_DataR search See also: http://vibeghana.com/2015/02/21/ghana-ranked-3rd-least-corrupt-african-country-report/ Accessed on 10th March, 2014. 35 36

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REFERENCES Ackah, C. A. (1988). Akan ethics: A study of the moral ideas and the moral behaviour of the Akan tribes of Ghana. Accra: Ghana Universities Press. Agulanna, C. (2007). Moral thinking in Traditional African society: A reconstructive interpretation. Journal of Philosophy and Religion, 8(1). Retrieved from http://agulanna.blogspot.com/2008/06/hh.html Accessed on 17th December, 2014. Anderson, Jnr. G. (2013). The future of Ghanaian-Traditional-Akan ethics: Bleak or bright? American Journal of Social Issues and Humanities, 3(5), p. 257. Appiah-Sekyere, P. & Awuah Nyamekye, S. (2012). Teenage pregnancy in the life and thought of the Akan: Moral perspectives. Sociology Study, 2(2), 129. Awuah Nyamekye, S. (2009). The role of religion in the institution of chieftaincy: The case of the Akan of Ghana. Lumina, 20(2), 1-2. Azenabor, G. (2008). The Golden rule principle in an African ethics, and Kantâ&#x20AC;&#x2DC;s categorical imperative: A comparative study on the foundation of morality. QUEST: An African Journal of Philosophy / Revue Africaine de Philosophie, p. 230. Fagothey, A. (1959). Right and reason: Ethics in theory and practice, (2nd ed.). Rockford, Illinois: Tan books and Publishers. Ghana Statistical Service (May, 2012). 2010 Population and housing census: Summary report of final results. Accra: Ghana Statistical Service, p. 34. Gyekye, K. (1996). African cultural values: An introduction. Accra: Sankofa Publishing Company. Gyekye, K. (2013). Philosophy, culture and vision: African Perspectives: Selected essays. Legon, Accra: SubSaharan Publishers. Isaac, S. & Michael, W. B. (1977). Handbook in research and evaluation. San Diego, CA: EdITS Publishers. Kothari, C. R. (2004). Research methodology: Methods and techniques, (2nd. rev. ed.). New Delhi: New Age International Publishers. Kquofi, S., Amate, P., & Tabi-Agyei, E. (2013). Symbolic representation and socio-cultural significance selected Akan proverbs In Ghana. Research on Humanities and Social Sciences, 3(1), 86. Machiavelli II: The three branches of ethics. Retrieved from http://www.exurbe.com/?p=1489 on 17th December, 2014. Ntreh, B. A. (2008). Sexual and domestic violence. Cape Coast: Hampton Press. Pobee, J. S. (1991). Religion and politics in Ghana. Accra: Asempa Publishers. Pojman, L. P. & Fieser, J. (2012). Ethics: Discovering right and wrong,(7th ed.). USA: Wadsworth. Sarpong, P. (1974). Ghana in retrospect: Some aspects of Ghanaian culture, (reprint 2006). Accra: Ghana Publishing Corporation. Studies conducted by Transparency International. See: http://www.transparency.org/country/# GHA_DataR search See also: http://vibeghana.com/2015/02/21/ghana-ranked-3rdleast-corrupt-african-country-report/ Accessed on 10th March, 2014. Wiersma, W. (1986). Research methods in education: An introduction, (4th ed.). Boston: Allyn and Bacon. Yankah, K. (1986). Proverb speaking as a creative process: The Akan of Ghana. Proverbium 3:195230. Lists of Interviewees Five Opinion Leaders interviewed on 12 the May, from Cape Coast Opanyin Kwabena Annu Opanyin Kwesi Ammuzu Opanyin Kwabena Fosu Obaa Adwoa Saah 64

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Obaa Esi Sesema Five Clan Heads interviewed on 28th May, 2015 from Ajumako Ochiso Abusuapanyin Kwabena Darko Abusuapanyin Kofi Atta Abusuapanyin Kwabena Essuman Obaapanyin Alice Otsiwah Obaapanyin Esi Maanan

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International Journal of Humanities and Social Sciences p-ISSN: 1694-2620 e-ISSN: 1694-2639 Vol. 4 No. 1, pp. 66-76, ©IJHSS

Cross-situational specificity and cognitive, emotional and behavioural choices: A new model in the teaching and practice of cognitive-behavioural therapy1 Dr George Varvatsoulias CPsychol AFBPsS Csci Cognitive Behavioural Psychotherapist (BABCP Accredited) Module Leader and Lecturer for Cognitive-Behavioural Therapy and Research Methods at Newham College University Centre (NCUC) in London/Stratford Campus Abstract The present paper is a proposal to a new model, the theorization of which is set in this article. It presents and discusses the importance of context specificity of eventful experiences in terms of cognitive, emotional and behavioural choices. Cognitive, emotional and behavioural choices are approached as depending on contextual changes due to environmental contingencies. Environmental contingencies (triggers) are regarded as precursors to core beliefs and rules for living in cognitive-behavioural therapy. The aim of this paper is to consider contextual changes as bringing upon changes to personality traits, which in turn influence cognitive, emotional and behavioural domains of human psyche. The main topic of discussion is centred around the premise that, teaching cognitive-behavioural therapy in line with changes occurring within the person, needs to be re-focused on the contextual changes taking place outside the person, as provoking internal changes not only in personality traits, but to the person‟s cognitive appraisals and choices related to given environments. Keywords: cognitive-behavioural therapy, personality, context, situation-specificity, change Prolegomena Personality is a dynamic and functional field of reactions and counter-reactions to given circumstances (Orom & Cervone, 2009). Personality‟s attributes associate to cultures, values, principles and one‟s lifestyle (Killen, 1997). By 'attributes', I consider traits that depend on one‟s preferences and choices interwoven to the aspect of personality in the form of openness, conscientiousness, extraversion/introversion, agreeableness and neuroticism: the so-called Big Five (Costa & McCrae, 1992; Pervin et al., 2005). Personality is always subject to changes that take place in line with context and situation-specificity. Context and situation-specificity refer to environmental and factorial characteristics, such as autonomy, engagement and commitment (Lukens, et al., 2013), which influence one's here and now with relevance to one's interpretations of how occurrences could be explained (LeBaron, 2003). In cognitive-behavioural therapy literature, the aspect of personality hasn‟t been clearly studied, as we see for instance in the case of social phobia (McAleavey et al., 2014). By that, I mean it hasn't been approached in the light of trait psychology, but in the light of faulty cognitive appraisals that take place in the presence 1

For short, cognitive-behavioural therapy will be referred sometimes as CBT.

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of everyday experiences (Korpela et al., 2001). Cognitive-behavioural therapy explores the Big Five personality traits by means of questionnaires and inventories, so particular conditions to be identified (O‟Connor, 2002) and mental states to be interpreted (Matthews, et al., 2003). To give an example, the trait of agreeableness is regarded as diagnostic evidence in the case of borderline personality disorder, where individuals manifest an ill-tempered and offensive disposition against what happens in the here and now and in reference to own interpretation of events (Morey & Zanarini, 2000). Cognitive-behavioural therapy considers one's ill-tempered and offensive disposition against occurrences in life as based unto one's core beliefs and assumptions for living that stem from early experiences and critical incidents which lead to neuroticism and closeness (Riso et al., 2007). Moreover, personality traits are influenced by cross-situational variability, such as events not necessarily taken place in one's, but to others' lives too, to whom one is related to, such as death of a loved one; inability to manage living costs because one‟s wife lost her job; lack of acceptance from others, etc. (Erickson et al., 2014). In this way, one's traits are explained in terms of convergence and divergence to other individuals, i.e. how one is, or not, related to other individuals in line with interpersonal influences outwardly affecting one's personality, rather than influences that come from within one‟s person (Heinström, 2003). Cross-situational variability is changeable, rather than consistent, and influences one‟s personal and interpersonal development in life; i.e. if one loses a job, cannot go back to the same one, but needs to start afresh; in the meantime, looking for another job, the chronological gap into finding one could be short or long, i.e. inconsistent to one's needs and therefore progress-delaying until finding it (English & Chen, 2007). Cognitive-behavioural therapy in dealing with this „gap‟ could find itself in a „treatment difficulty‟ not in terms of one‟s „inside thoughts and feelings‟, but in terms of how time predisposing and perpetuating faulty cognitions affects personality traits, i.e. if one has become less conscientious with one‟s own job, how that is proportionately subject to the time the problem is so far experienced (Hashim et al., 2012). What I mean is, CBT by dealing with time‟s unknown constraints may be found in the position of individuals‟ continuous relapses, not because they haven‟t done their homework or didn‟t practice interventions agreed, but because the problem was „treated inwardly‟, and not in relation to the time needed in an analogous proportion to the time lasted (Lynch et al., 2010). What it is suggested, instead, is the „treatment time‟ in CBT to be analogous to the number of sessions needed (Williams & Garland, 2002), and not analogous to the time an individual has suffered (Grazebrook & Garland, 2005). Cross-situational variability is also contextual, for it is related to the aspect of „behavioural signature‟, i.e. situation-behaviour relations based on attitudinal/counter-attitudinal choices before foreseen and/or unforeseen circumstances (Collins & Hoyt, 1972). People are engaged in patterns of psychological conditions across contingencies, such as depressive symptomology and effectuated changes (Msetfi et al., 2013), and behaviours related to uniformity changes across situations, such as high or low self-esteem and proximal and/or distal effects of personal commitment to succeeding goals (O‟Keefe et al., 2012). Cross-situational uniformity changes and behavioural signature refer to patterns of variations commonly shared by many, i.e. one by suffering from depression the behavioural changes depicting one‟s condition could be subject to situation-specific causes experienced by others who have suffered that same condition before (Kleftaras & Psarra, 2012). In this paper, I will consider that by including situation-specific aspects of variability in the teaching of cognitive-behavioural therapy, personality contextual changes could be better explained. The consideration of the present topic wishes to address issues in the teaching of CBT with reference to personality traits, so students and practitioners of this method to acquire not only a good knowledge on the subject, but also how to combine it practically in client work. For this reason, the present paper does not address nor formulates hypotheses to be tested, for my aim in this presentation is to endeavour the relationship between personality traits and cognitivebehavioural therapy, so the combination of both to enhance the theoretical knowledge needed 67

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before any empirical study of it. As an outcome, no methodology is discussed, for no relevant theory is applied, nor any results are presented, the reason being no data have been collected, subject to the absence of participants. In order to be able to test this topic, there is the need this to be first and foremost presented so in a future paper this to be employed as the foundation in view an empirical research to take place. Discussion of topic Cross-situational variability is about personal participation in what takes place and influences personalities on an individual and inter-individual level (Nowak et al., 2005). The importance of cross-situational variability for personality psychology associates not with the person per se but with the situation the person finds oneself in. For this reason, individuals depend not on what happens in their life, but on occurrences affecting their lives subject to situation-specific contextual changes (Hummelen & Rokx, 2007). By that it is meant, personality traits are subject to changes occurring within environmental contexts, i.e. one feels depressed not because of early experiences or critical incidents of the past, but because in the here and now one was forced to undertake responsibilities, such as becoming breadwinner, due to a family member's sudden loss, who used to have that responsibility himself (Montiglio et al., 2013). Individuals tend to think that situation-driven experiences advance personal experiences towards self-improvement and exploration, such as developing independent skills in view to finding a better job (Sedikides & Hepper, 2009). However, not all situation-driven experiences are considered in this way, for at a number of times individuals experience unwanted personal changes due to unforeseen circumstances, such as one who though got shortlisted by having ticked most of the boxes of the job description, he finally hasn't been appointed the job (Updegraff & Taylor, 2000). What the latter examples denote is that one's personality traits are subject to contextual changes due to situation-specific occurrences that affect one's understanding after an event had taken place, i.e. one who didnâ&#x20AC;&#x;t get the job, or the emergence of unforeseen circumstances in one's life may give rise to social anxiety and/or phobia, or depressive behaviour. What it is meant is, psychological conditions usually take place due to cross-situational changes that alter the context in question, such as one who 'ticked all boxes of the job description' and presents oneself as open to new experiences, finally experiences closeness and faulty cognitive thinking, because he hasn't been appointed to this new post (Amodei & Nelson-Gray, 1991). To elaborate more about personality trait changes, due to cross-situational variability, I could draw an example from the trait of conscientiousness. One, by not having been appointed to the desired post, due to contextual change that took place -i.e. the panel decided to offer the post to someone with less qualifications- may bring about changes to one's situation-specific variability of choices, such as instead of being efficient and organised to become easy-going and careless by thinking one is a failure (Church et al., 2008). Cross-situational changes influence the alteration of a trait by giving rise to negative cognitions, unhelpful emotions and avoidant behaviours (Oettingen, 2012). This sequence, the way it takes place explains what we have called before as 'behavioural signature'. Behavioural signature is about choices applied to personality due to contextual changes influencing one's choice of actions (Hallsworth et al., 2012). Cognitive-behavioural therapy as a discipline can learn a lot from personality psychology in the understanding of trait changes the way these are altered due to context-specific situations (Davidson, 2008). What cognitive-behavioural therapy can learn is that cross-situational variability is influenced by situation-specific contextual changes; that is to say, from situational specificities subject to contextual changes that alter one's mode of thinking in view to the adoption of such changes (Sheldon et al., 1997; Church et al., 2008). A new model in the teaching of cognitive-behavioural therapy taking into account personality contextual changes in the presence of cross-situational variables will be outlined in

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this paper. This model will focus on how cross-situational variables influence contextual changes by introducing core beliefs and rules for living. Three parts will be considered in this new model: 1. Personality contextual changes and cognitive-behavioural therapy Personality contextual changes explain changes in personality in reference to traits. Personality traits operate within contexts, which on one hand have to do with personality attributes, such as those of Big Five, and on the other with interpersonal, societal, and/or environmental changes which influence the way individuals see themselves in relation to others and the world (Roberts & Mroczek, 2008). In cognitive-behavioural therapy, the individual is the one in question and not others, or the environment. Others and the environment play a secondary role in the influence of one's personality (Fenn & Byrne, 2013). That means, the way individuals see others and the world doesn't have to do with others or the world per se, but with one's faulty appraisals, comprehending external influences in the here and now, i.e. with one's faulty cognitions in considering others and the environment as decisive negative factors against one's own progress (Froggatt, 2009). Teaching cognitive-behavioural therapy by taking into account personality contextual changes means that CBT can be taught in reference to personality attributes and traits the way these change or can change via one's contact with others and the world (Heller et al., 2009). In other words, cognitive-behavioural therapy should not start assessing individuals' negative understandings about themselves with regards to events -meaning that events should not be examined as precursors to negative appraisals- but in respect to changes that occur in given environments and influence changes in the trait context one operates, such as one having been conscientious, to become now indifferent and/or apathetic due to contextual changes taken place in oneâ&#x20AC;&#x;s life (Mancini & Roberto, 2009). To such an extent, one is considering faulty cognitions as outcomes of such influence, and not faulty cognitions as predisposing one's demeanour in coming to terms with changes in the environment (Hedaya & Quinn, 2008). To give an example of changes in the trait context one operates, we can refer to the attribute of neuroticism: individuals are presented with low mood, disordered behaviours, irritability, anxiety, because of changes in the environment, whereby suffering is introduced to one's life due to external factors (de Rosis et al., 2011; NICE 2011). Faulty cognitions can affect one's understanding how others and the world behave or could behave against oneself due to one's failed interaction with them in the past (Wheeler et al., 2007). What it is meant by the latter is faulty appraisals can provide a further rise of negative thinking every time one comes in contact with others and the society (Freeston et al., 1996). To try a diagram as to how teaching cognitive-behavioural therapy could appear by incorporating personality contextual changes, that could be as follows:

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Contextual changes (Trait context changes)

Environment (Incidents that have happened or happen in the here and now)

Faulty cognitions (subject to changes in the environment) Figure 1: CBT and personality contextual changes

2. Cross-situational variables, contextual changes and choices of personality Cross-situational variables refer to eventful occurrence of different incidents taking place at once, such as one who lost one's job and cannot pay mortgage installments, considers oneself incapable to financially support one's family (Lin et al., 2014). The interplay of adverse events affects one's personality contextually whereby personality traits operate differently compared to how they used to function before the occurrence of events (LĂśckenhoff et al., 2009). In this way, choices decided by one's personality have to do with behaviours that are avoidant because of contextual changes which have altered oneâ&#x20AC;&#x;s choices of actions, such as in the case of avoidant personality disorder (Sanislow et al., 2012). In teaching cognitive-behavioural therapy, according to such an understanding, regarding cross-situational variables, provides a clearer approach not only in reference to how trait changes took place and how these are demonstrated in the here and now, but how such changes can be formulated (Westbrook et al., 2001). The latter indicates that the client by choosing avoidance cultivates rise of further negative consequences as by-products of contextual changes (Wells et al., 1995). To give an example of such consequences, we could consider the avoidant behaviour of not communicating with other people -contextual change-, the consequence of which might be one staying mostly at home -negative consequence further triggering this avoidant behaviour. In teaching cognitive-behavioural therapy, cross-situational changes should also be pointed out in a sense of the needs aren't met with reference to what took place in one's life (Swendsen, 1998). In this way, cognitive-behavioural therapy would be able to address the importance of eventful occurrences as preceding factors introducing faulty cognitions in terms of personality traits attributions (Hedaya & Quinn, 2008). In such a respect, cognitive-behavioural therapy could be regarded as interested in what happens, and how that affects the inception and maintenance of faulty cognitive thinking, and not solely looking at one's interpretations of events the way one feels stigmatised by them (Rector, 2010). To try another diagram, as to the teaching of cognitive-behavioural therapy by taking into account cross-situational variables, that could be presented as follows:

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Cross-situational variability (Eventful occurrence of adverse realities)

Contextual changes [Contextual change(s) to personality traits]

Avoidant behaviours (Escapist actions following unwanted emotions about oneself)

Figure 2: CBT and cross-situational variables

3. Cross-situational variables, core beliefs and rules for living The eventful occurrence of cross-situational realities, when they take place, introduces core beliefs and rules for living (Neenan & Dryden, 2004). By 'core beliefs' in cognitive-behavioural therapy are meant chief faulty cognitions out of which all negative thinking derives, such as 'I'm a failure', 'nobody wants me', 'I'm not good enough', etc. (Beck, 2011); by 'rules for living' are meant assumptions upon which one's life has been built, and is being lived, such as 'if I go to the next interview I will fail again', 'my life will never change', 'I won't be able to do things to be proud of', etc. (Wenzel, 2012). In teaching cognitive-behavioural therapy what needs to be taken into consideration is that core beliefs and rules for living have to be regarded as related to contextual changes of personality traits, such as one being closed to oneself more and not open to new experiences, or new efforts to be attempted, or that one who had stopped being conscientious has become now non-caring (Padesky, 1994). In this way, cognitive-behavioural therapy could be better associated to changes that happen in the environment and influence one's cognitions with respect to the here and now of cross-situational reality and how that has affected one's personality traits. Cognitive-behavioural therapy what could demonstrate in such an understanding is that interventions to take place should bring about changes that can alter all three personality domains (cognitive, emotional, behavioural) in which core beliefs and rules for living exist and influence one's personality traits (Kihlstrom, 2013). Changes will refer to personality traits, in association to cross-situational variables, that have disengaged one because of contextual changes in the here and now, such as instead one looking for a job that is difficult to be found, one could look for a job that though may not meet one's aspirations, could nevertheless be able pay the bills. In that manner, teaching cognitive-behavioural therapy can provide students and practitioners of this approach with the understanding that by replacing unwanted realities with pragmatic ones, oneâ&#x20AC;&#x;s needs could be met in the here and now (Herbert et al., 2010). In such an extent, personality traits will be able to help individuals to be more committed in what they are doing, as well as core beliefs and rules for living could be replaced by constructive ideas regarding useful choices (Dweck, 2008). To give an example, one may be a good mathematician, but because posts are limited in his/her discipline, he/she has chosen to become a physics teacher instead. In oneâ&#x20AC;&#x;s understanding of mathematics, physics could look as less engaging to work with, but now due to that new reality one discovers the use of mathematics in physics exhibiting thus extensive knowledge in both fields. 71

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A diagram as to teaching cognitive-behavioural therapy in terms of how cross-situational realities can introduce core beliefs and rules for living could appear as follows: Cross-situational realities (Adverse presence of events, all at the same time)

Core beliefs and rules for living Changes can help towards better engagement and commitment

Maintenance cycle is broken because realities are now problem-solving, and not problem-provoking

Replacing adverse realities with engaging ones provides commitment and better concentration on choices one could take instead

Figure 3: CBT and cross-situational reality

In view to what has been presented and discussed in the relationship between crosssituational realities, personality traits and how they can affect cognitions, emotions and behaviours, a final diagram can emerge: Crosssituational adverse realities...

...generate unfavourable changes to personality traits, ...introducing core beliefs and rules for living (negative assumptions, so that adverse realities to continue influencing one's lack of choices

In choosing favourable realities instead, changes will be reflected on personality traits including one's thinking, feeling and actions

...which by being affected, influence one's cognitions, emotions and behaviours,

Figure 4: CBT, cross-situational reality and personality traits

The model I propose hasnâ&#x20AC;&#x;t been validated because my attempt in this paper is to present it in its theoretical basis. This theoretical basis has been discussed in line with personality psychology, contingency issues and context-specificity perspectives. In order that model to be validated there needs to be devised a questionnaire which on one hand will be construed of items which will address cognitive and behavioural perspectives through Socratic questioning, i.e. items that will be demonstrated via open statements, so that participants to provide responses best to 72

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their understanding; on the other, this model will be validated via employing cognitivebehavioural perspectives in line with personality traits statements, i.e. statements which will be relevant to the aspects of agreeableness, conscientiousness and the rest of Big-Five ones. The reason for such validation will be to seek links between personality psychology and cognitivebehavioural methodology from an empirical point of view, so that behavioural traits addressing personality aspects to be considered under cognitive premises triggered by everyday experiences. This new model I have introduced is going to be validated through an empirical research which will test personality traits according to cognitive and behavioural functionality set by context and contingency specific experiences. The way I have introduced this model in the present theoretical paper seeks to set the foundations for future scientific endeavours regarding personality research and cognitive-behavioural therapy. Personality research will be based on cognitive and behavioural interpretations of human traits the way these appear in contextspecific events triggered by early experiences and critical incidentsâ&#x20AC;&#x; contingencies in the here and now. Real-life examples as how this model could be used in contemporary research could refer to the clinical use of cognitive and behavioural perspectives regarding psychopathological conditions, such as personality disorders, where personality traits are mostly affected. An example is borderline personality disorder (BPD), where traits such as agreeableness and conscientiousness are influenced by issues of assumed suspiciousness following traumatic events and/or recollection of them in the here-and-now. The reason for employing this model clinically is because of its importance in dealing with typical and a-typical symptoms of psychopathology which are present during and after the onset of cognitive distortions. An example to make the latter statement clearer is the distortion of generalization whereby an individual considers that something taking place in oneâ&#x20AC;&#x;s life will always be taking place in oneâ&#x20AC;&#x;s life, always affecting and never (!?) introducing changes for the better. Concluding remarks In employing personality psychology, I have discussed how teaching cognitive-behavioural therapy could be better considered in terms of cross-situational reality and change of trait context. I have explained that what happens in life, whether foreseen, unforeseen, or in interplay with other occurrences, does provide changes in personality characteristics that affect one's presentation of oneself in terms of cognitions, emotions and behaviours. Cognitive-behavioural therapy mainly argues that core beliefs and rules for living generate changes in the way people think about others and the environment, without explaining that changes in the environment may be those which actually generate faulty cognitions and what results from them. In this paper, I have presented a new model in the teaching of cognitive-behavioural therapy where I have explored that changes in the environment are the main precursors of core beliefs and rules for living, for they are influenced by changes primarily affecting personality traits following adverse experience of current realities. To such an understanding, this model has been presented followed by relevant diagrams. My discussion of this new model was completed by the suggestion that replacing adverse realities with more pragmatic ones, may positively affect personality traits and one's cognitive, emotional and behavioural stances. Positive changes will become evident through the change of core beliefs and rules for living. That means that once cross-situational realities become more engaging and constructive -so individuals to make choices based on them- individuals will become more engaging and committed in view to cognitive, emotional and behavioural choices decided upon. What lies now is this model to be explored practically in terms of how theoretical changes to it advance the topic of cognitive-behavioural therapy with relevance to personality traits and how that could be possible to be examined in a study which empirically will test it. My next objective, therefore, would be to examine this model in practical terms through a research able to demonstrate it.

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