Judicial Precedent Is Best Understood as a Practice

Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court, it provides guidance to the judges when they apply case precedents. It also provides certainty, consistency and clarity in the application of precedents. The rule is that judges should decide like cases in like manner. It is a decision of the court used as a source for future decision making. This is known as stare decisis and by which precedents are authoritative and binding and must be followed. Doctrine of precedent or stare decisis, this item is from the latin phrase â€Å"stare decisis et non quieta movere†, means to stand by decisions and not disturb that which is settled. The doctrine of binding precedent based on stare decisis, that is standing by previous decisions. Once a point of law has been decided in a particular case, that law must applied in all future cases containing the same material facts. For example in the case of Donughue v Stevenson (1932) AC 562. The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Knitting Mills (1936) AC 85. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future case containing the same material facts. Besides, the obiter dicta is things stated in the course of a judgment which are not necessary for the decision. The decision of the judge may fall into two parts, the ratio decidendi means reason for the decision. The ratio decidendi in a case is the principle of law on which a decision is based. When a judge delivers judgment in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason. Besides, obiter dictum means something said by the way. The judge may go on to speculate about what his decision would or might have been if the facts of the case had been different. The binding part of a judicial decision is the ratio decidendi. An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in the original case. However, an obiter dictum may be of persuasive authority in later cases. For example, in the case Donoghue v Stevenson (1932), the house of lords held that a manufacturer owed a duty of care to the consumer that products are safe because the circumstances prevented the consumer from discovering any defects. This is a ration decidendi and lord Atkin’s â€Å"neighbour test† was obiter. Where there is no existing precedent, the court will declare the law and the case will become an original precedent, example, in the case Airedale NHS Trust v Bland (1993) HL, where the courts were asked to decide if food and treatment could be lawfully withdrawn from a patient in a persistent vegetative state, and thus allowed to die. The concept of ratio decidendi tries to link the competing aims of the notion of rule of law, ie, the requirement of certainty in the application of law and flexibility in the development of law within the legal system. To identify the ratio in a case, Professor Goodhart (1931), set out a method of identifying the ratio decidendi as the ratio is derived from the application of the law to the facts that were treated as material by the judge in his decision and generalising them to make a principle. Besides that the principle of the case is found by taking account of the facts treated by the judge as material ; and his or her decision as based on them. The principle is therefore a formula, which the facts fit, and the facts provide a specific instance or example of the application of the principle. However, Professor Julius Stone (1959) argued that Goodhart’s theory was prescriptive rather than being descriptive of actual practice. In Stone’s analysis, the ratio of a case is part of a legal category of indeterminate reference or concealed multiple reference. The facts of a case precedent are able to be material under a wide range of fact descriptions, but any given decision was open to a succession of subsequent judicial reformulations of the prior decision. So, the question for the later court is the analogical relevance of the prior case holding to the later case, thus requiring the later court to choose between possibilities presented by the earlier case. This gives us a picture of radical indeterminacy . This is because the later courts appear to have great freedom in reinterpreting the actual ratio of the certain case. Stone’s approach is considered as a rather radical scepticism towards the concept of ratio. Consequence of the indeterminacy of the ratio is the difficulty in identifying the ratio of a case actually provides the English common law system the flexibility when case law is applied and its subsequent development through the courts. From Cross (1991) who argues â€Å"it is impossible to devise formulate for determining the ratio decidendi of a case†, but ‘this does not mean it is impossible to give a tolerably accurate description of what lawyers mean when they use the expression’. Consequently, courts have a great deal of choice in reformulating and interpreting law. In his work on legal reasoning , Neil MacCormick (1987) makes the point that often the ratio of a case can only be determined in light of what judges subsequently make of it. In conclusion, the discussion above have gone to establish that the doctrine of binding precedent is nothing more than a practice of the English judiciary. As a judicial practice, the doctrine provides a guide to judges on how case precedents are to be applied in courts. If the doctrine is avoided or not allowed, there are no legal sanctions or consequences. At worst, if there is a rampart ignoring of the doctrine by the courts, the outcome will be uncertainty and instability in the common law and its development.

Malcolm X: Misunderstood

In the year of 1960s, the civil right movement was at its peak. At this time, blacks were mistreated and discriminated against and because of that, the Negroes were searching for a leader who can change the status of blacks. What is a leader? A leader is, according to a dictionary, a guiding or directing head, as of an army, movement, or political group. There is no doubt that Malcolm X, formerly known as El Hajj Malik El Shabazz, had many characteristics of a great leader written all over him, when he joined the Nation of Islam. As a result, African Americans looked up to Malcolm X, who called himself the angriest Negro in America, for leadership. In this paper, I am going to argue that Malcolm was a great leader, who gave his life for the struggle for equal rights in the richest and most powerful country of the world, the USA. In a country, where everybody seeks to fulfill â€Å"the American dream†, but where many people live in a nightmare. For that, he should be remembered along with Martin Luther King Jr. To fully understand how great of a leader that he was, we need to take a closed look at Malcolm X's life. Malcolm led three remarkable lives in less than four decades: first as Malcolm Little, a convicted burglar and con man; as Malcolm X, the Nation of Islam's flamboyant orator; finally, as El-Hajj Malik El-Shabazz, organizing an international approach to the problems besetting African Americans. It all began when Malcolm Little's confidence and dream was shattered and crashed. His teacher told him that he had to be â€Å"realistic about being a nigger. † (Malcolm X 118) I don't think Malcolm would became what he was if it was not for his teacher's comment on his dream of becoming a lawyer one day. Then, we have Minister Malcolm X, who devoted his life to the teaching of Elijah Muhammad. â€Å"The Honorable Elijah Muhammad is giving us true identity, and a true position – the first time they have ever been known to the American black man. † (Malcolm X 356) Malcolm was fascinated by the discipline, the obedience, and the strong sense of community responsibility the members of the Nation showed, and soon became one of Elijah's most devoted followers. Finally, after his trip to Mecca, we see Malcolm as El-Hajj Malik El-Shabazz whose belief was now in world brotherhood and human justice. Malcolm X was a misunderstood figure of his time, in my opinion. If you have read or heard what he said, you would undoubtedly label him as a racist. He went as far as calling whites the â€Å"devils† and he stirred up both the black and white communities with his â€Å"anti-white† philosophy. Malcolm is usually projected as the uncompromising advocate of Black Nationalism. Malcolm, always brooding and alienated, is depicted as the architect of armed revolution and confrontation and he is presented as the hostile critic of White liberalism. Many people base this on his denunciation of racism and they misinterpret this statement to mean that now he endorsed the principles of integration as a solution to America's racial dilemma. What people didn't realize at that time was Malcolm's basic goal or objective never changed: He was totally committed to freedom for oppressed people. Malcolm wanted for blacks only what whites wanted for themselves, no more and no less. Also we have to realize that his trip to Mecca had changed the way he thought about white people and he was not given enough time to show the world his new point of view because he was assassinated soon after. That's why most people today have the impression that Malcolm was a â€Å"bad† guy, who would gain freedom by any means necessary. What made him so great? He was a man of word and action. Malcolm represents a leader, which all communities look up to as dynamic, intelligent, and most importantly revitalizing. The Muslims of today, from all parts of the world see Malcolm as a man who not only had strong convictions and beliefs, but was not afraid to voice them and stand up to a system of oppression from white supremacy over powerless and minority black people. Black people need a leader who speaks the truth even when white people don't want to hear it, and Malcolm X is filling that role. As Malcolm X traveled around the country, preaching and encouraging blacks to take pride in their history and strengths as a people, membership in the Nation of Islam grew from about couple hundred to hundreds of thousands. Furthermore, I think it was Malcolm's vigorous passion for Black self-determination and Black unity as well as his spiritual connection to Islam that attracted black people to Nation of Islam and Elijah's vision played only a little part of it. In addition, the reason why the number of followers increase in Nation of Islam was contributed by Malcolm's exceptional oratorical ability, his quick wit, and piercing analysis that he gave in front of many audiences. Analysis such as â€Å"US government make their citizens hate Germany and Japan during WWII and now US had again make the people love Germany and Japan after the war†. And the comment that he made about the racial problems of today â€Å"If you pull out a knife on my back, the wound left a permanent scar which you can get rid off†. Those points that he made were right on the money. He was very charismatic, and when he talks, people listen. Communication is a very powerful weapon to use if you want to spread your words and wisdom, and Malcolm took advantage of that. Armed himself with knowledge of Islam, books that he read, and debating skill, he went on television shows argued against his many critics and performed public speech day in and day out. He was so eagerly devoted to spread the teaching of Nation of Islam that he found himself out on the road and was away from his family for many weeks or months. The development of Nation of Islam was his priority. Why Malcolm had such impact on black communities? Because Malcolm was one of them before he joined Nation of Islam and became a minister. Came out from the heart of the Harlem ghetto, he knew the first hand experience of prejudice and inequality that impose on blacks. Therefore, many of his audiences can relate some of the things that he said in their everyday life. In addition, Malcolm transformed himself from a street hustler to an articulate leader and was convinced that others could change for the better as well. His message about self-improvement was loud and clear. Without education, you are not going anywhere in this world. In his autobiography he said, â€Å"My whole life had been a chronology of changes†. Such an extreme change seems to unbelievable, but after reading his autobiography; everyone can feel how much power this man had. Another reason why he was a great leader was that his readiness to revise his ideas and change them. People make mistakes and it takes courage to admit it publicly and try to change it so the mistake won't happen again. In the fields of politic and religion, which he was vigorously involved in, people usually don't change, even they proved to be wrong. Malcolm X was different. He turned all his beliefs and his way of life upside down when joining the Nation of Islam. He stopped drinking, smoking and abusing drugs instantly and dedicated his life to his leader, whereas he had been selfish and greedy his whole life before. Everything is going well till when the affairs of Elijah Muhammad with his secretaries made Malcolm questioned the leadership and belief of Nation of Islam. As a result, he left Nation of Islam and took a pilgrimage to Mecca where he experienced real brotherhood, being accepted and treated as a human being. The friendliness and respect he received made a great impression on him. â€Å"I saw that people who looked alike drew together and most of the time stayed together? KIt tucked it into my mind that when I returned home I would tell Americans this observation; that where true brotherhood existed among all colors. † (Malcolm 350) He became less militant and even admitted that white people could contribute to the black movement. Malcolm also got rid of Mr. Muhammad's doctrines and taught the real Islam he experienced in the East. When we remember Malcolm X, we cannot ignore that he did change from seeing race as a dividing issue to his final testimony as a Muslim who believed in a religion which spells out clearly that all humankind is created and judged equally. He declared that â€Å"all human beings should be respected as such, regardless of their color. † Malcolm often predicted that his leaving the Nation of Islam would lead to his death. When he heard of the Black Muslim's plot to kill him, he did not feel any fear; he just wanted his family to be safe. Before he died, he declared that he would be glad if he could have helped the black people, but that all credit is due to Allah. Only the mistakes were his. This is another admiration that I have for him. He did not fear death and went on doing his business as usual. Like I stated earlier, Malcolm put himself last and newfound religion and his family first. He was not afraid to accept the ultimate freedom for African Americans, as he stated, which is death. Today, nearly 30 years after the end of the Civil Rights Movement, some things have changed. A strong black middle-class has emerged, and some African-Americans have been able to get into leading positions in management or government. In several big cities with a majority of black citizens, black mayors are in office. Both civil right leaders Martin and Malcolm have become American heroes. Finally, Malcolm was a great man and a role model for all African Americans and Malcolm was a man who made people proud and showed them who they were. He dared to speak truth against the lies of racism, to stand tall before the blows of hatred and oppression. When they died, they left examples of wisdom, courage, and spiritual tenacity that few leaders of any race have matched. He didn't die in vain because things have improved since his death. We see the growth of strong black middle class.

Nutrition †Obesity Essay

A large controversy in the field of health and food today is the effects that fast food and industrialized food have on our wellness. The convenience of obtaining food has become the main objective in society, but is it taking a toll on our health? Fast food restaurants such as (but not limited to) McDonald’s and Burger King are a major aspect to how a lot of our generation fills their stomach. Many researchers have been trying to link the increase in obesity to the consumption of industrialized food within the past few decades, but some argue that lack of physical activity has a part in the incline of overweight Americans as well. To get a complete analysis of exactly how our health is being affected by fast food industries, I am researching the following questions: Why is fast food so popular? How does fast food consumption affect adolescent obesity? What health risks are related to fast food consumption? What are other factors that could possibly contribute to the obesity problem? And should fast food be completely omitted from a healthy diet? These questions will be helpful to determine healthy lifestyle choices for families who do not know which way to go when dealing with the issue of industrialized food. Conducting research was a necessity before I could form an opinion about the fast food industry. During a two week period in October 2010, I examined six different sources. These sources include four academic journal articles, one book, and one magazine article. The magazine article by Clare Ulrich hinted on almost all of my questions but did not go into specific detail about each one. One academic journal by Stender, Dyerberg, and Astrup was not very helpful in answering my preliminary questions, but had me posing another question about the ingredients that make fast food so unhealthy. The academic journal article written by Raymond Gozzi Jr. answered some of my questions about why Americans keep going back to their favorite fast food restaurants. An article from the book Food and an academic journal article by Nestle and Young were very helpful in expressing different factors that could be affecting obesity rates. Glassner, Barry. â€Å"Environmental Factors and Genetics Are the Source of Obesity. † Food. Ed. Jan Grover. Detroit: Greenhaven Press, 2008. 158-165. Print. Barry Glassner, a sociology professor at the University of Southern California, discusses his beliefs that obesity is not linked to food consumption in his academic journal article Environmental Factors and Genetics Are the Source of Obesity. Glassner suggests that other factors such as genetics, stress and inactivity are responsible for the obesity epidemic among Americans. The author mentions that there are so many diet fads because no one knows exactly what foods make a person gain weight or if any foods do at all. Glassner includes in his article that genes are the main reason for overweight people. He says that natural selection and natural resistance to obesity are the main factors to weight gain. Then the author links economic stress to the reason Americans are now more overweight. The article says that stress is a major factor to eating habits and since the economy is doing poorly right now, Americans are over eating to aliviate the stress and not staying active due to long work hours. Glassner claims that most fast food bashers try to convince the public that there is a direct link to obesity and fast food consumption, but provide no real evidence to support their thesis. This article helped answer my research questions about other factors that could affect the incline in obesity. Gozzi Jr. , Raymond. â€Å"The Fast Food Franchise as Metaphor. † A Review of General Semantics 53. 3 (1996): 322-325. Print. Raymond, Gozzi Jr. is an Assosiate Professor of the Television-Radio Department at Ithaca College. He wrote the academic journal article, The Fast Food Franchise as Metaphor which states, â€Å"A fast food franchise is an embodied metaphor for the perfect system†¦Ã¢â‚¬  (323). The author believes that people love knowing they will get the same product every time they come back. Gozzi also looks at other business franchises and compares them to human love of predictability. The crash of the fast food era is also mentioned in this article. The author explains that the fast food industry has changed in order to maintain steady business flow by adding salads and breakfast, but he also wonders how long franchises will last in our society. This information was useful to me in answering my question about why fast food is so popular. None of my other information elaborates on Americans wanting fast food because of the familiarity so this article brought a different prospective to my research. Stender, S. , J. Dyerberg, and A. Astrup. â€Å"Fast food: unfriendly and unhealthy. † International Journal of Obesity 31. 6 (2007): 887-890. Print. The academic journal article, â€Å"Fast food: unfriendly and healthy,† by Stender, Dyerberg, and Astrup, looks at the more factual aspect of the effects of fast food consumption. Stender and Dyerberg work together at the Department of Clinical Biochemistry and at the Gentofte Hospital at the University of Copenhagen in Denmark while Astrup also works at the University of Copenhagen for the Department of Human Nutrition and the Centre for Advanced Food Studies. This article examines actual studies of the difference of an American who eats fast food frequently and one who does not. The authors of the article include the fattening and unhealthy contents of industrialized food from the chains McDonald’s and KFC. To finish the article, the authors include a section about some items that are being done to make the fast food industry more consumer friendly such as nutritional labeling on all food products. This article made me consider and answered another question that would be beneficial to my research: What contents in fast food make nutritionists brand is so unhealthy? Americans need to know what to look out for in certain fast foods so we are able to limit or omit the unhealthy aspects from our diets. Ulrich, Clare. â€Å"The Economics of Obesity: Costs, Causes, and Controls. † Human Ecology 33. 3 (2005): 10-13. Print. Clare Ulrich discusses the effects that the fast food industry has on the American population. She begins her article with a heavy statistic that death from obesity, has increased by 33 percent from 1990. Ulrich obtains some of her information about the cost and reasons why people choose fast food from the presentation, â€Å"Economics of obesity,† by John Cawley. The author also uses information from the Surgeon General about the percentage of Americans who are overweight or obese. She also includes the percent of childhood obesity in the United States and some possible reasons that this number has increased since 1950. This article was helpful to me in answering the questions: Why is fast food so popular? How does fast food consumption affect adolescent obesity? What are the health risks are related to fast food consumption? Although this article did give me useful information about my inquiries, it did not go into extensive detail about what keeps Americans hooked on fast food, how obesity effects children, and how fast food is accurately linked to fast food consumption. Wood, Marcia. â€Å"Kids, Fast Food, and Obesity. † Agricultural Research 57. 9 (2009): 20-21. Print. Marcia Woods writes about the results of a study of kid’s meals at fast food restaurants done by pediatrician Jason A. Mendoza in her article Kids, Fast Food, and Obesity. Wood says that Mendoza and his team of researchers from the Children’s National Research Center at Baylor College of Medicine, did an analysis of ten fast food franchises who served kid’s meals. The author says Mendoza found only three percent of the meals met the nutritional set by the National School Lunch Program for children ages five to nine. Wood includes why the meals did not make the grade based on Mendoza’s research. The author says the research is conducted because of the growing numbers of childhood obesity and the increase in meals eaten away from home. Woods concludes her article with potential health consequences from being obese as a child. This article answered my question about the effects of childhood obesity and also my latest question about the content in fast food that makes it deemed unhealthy. Mendoza’s research is very helpful as a credible source that explains why children could be gaining more weight. Young, Lisa R. , and Marion Nestle. â€Å"Portion Sizes and Obesity: Responses of Fast-Food Companies. † Journal of Public Health Policy 28. 2 (2007): 238-248. Print. Portion Sizes and Obesity: Responses of Fast-Food Companies by Lisa R. Young and Marion Nestle discusses the relationship between the rise in portion sizes and weight gain among Americans. The authors believe that food is not specifically the reason for the increased obesity rate, but the much larger portion sizes since 1998. This article examines and compares the sizes of the most popular items sold at fast food restaurants: soft drinks, hamburgers, and French fries. The three fast food franchises chosen for the research were McDonald’s, Wendy’s and Burger King. The data in the article includes a table of portion sizes in the years 1998, 2002 and 2006. The research shows that the portions have increased in almost all areas. Nestle and Young also look at what these fast food franchises have done to reduce portion sizes in response to media pressure. The authors then include data from the original sizes of soda, French fries and hamburgers in 1955 to 2006. Young and Nestle conclude that fast food restaurants have done very little or nothing to reduce portion sizes and promote healthy numbers or caloric intake. The article was useful to answer my questions: What are other factors that could possibly contribute to the obesity problem? And should fast food be completely omitted from a healthy diet? Portion size is a big factor to weight gain with any type of food and the studies showed me that the portions since 1998 and 1955 have drastically changed which could link it to obesity.

Resource Management Essay Example | Topics and Well Written Essays - 500 words

Resource Management - Essay Example Risk management and improving value should be the key measures to be taken by the CIO. The Cohen act also goes ahead to state the functions of a CIO which is mostly taking measurement of the performance in the company. Performance in the company can be measured according to how much it is of benefit to the company. This is a very key area in the performance management process. The CIO has to develop maintain and facilitate the IT architecture. He should come up with goals and see them through. The CIO should take performance measures to find out the viability of the set goals in regards to the losses the company has suffered and the risks apparent. These risks should be well analysed by the CIO and a plan to execute change should be formulated. Considering the various roles the CIO has to play, there are various executive decisions that will need to be made in light of the problems and risks noted. One of the problems cited was the company expenditure. The company expenditure will be keenly observed to find out which areas exactly take more than necessary. Once found the CIO should come up with way to improve on accountability and service delivery to the consumers at the very end. With a proper financial report on the expenditure in technology in any given financial year should be enough to help the stakeholders make important decisions that will directly affect the company. Communication breakdown between the management and the business units on their job descriptions cost the company a fortune and by communicating through the various channels available would be very essential in ensuring that everyone does what is expected of them. Good communication between all the ranks in the company will ensure that the company goals are properly communicated to all that it concerns and this way, the waste in the system will be easily eliminated. The

Why Women Should Avoid Abortion Essay Example | Topics and Well Written Essays - 1000 words - 4

Why Women Should Avoid Abortion - Essay Example Reasons against abortion are broad and vary from religious values, human values, as well as the values associated with conscience. Issues related to primary human values appear at the top of reasons why women should not get abortion. It is crucial for women to put into perspective the unborn babies. It is definite that irrespective of the circumstance under which a woman conceived, the unborn child was not responsible in any way (Waxman, 2009, 08). It is necessary to allow the unborn babies enjoy the right of living and growing into a person just as the biological father and mother lived to the level of interacting to bring the child to life. Women in this case, ought to reduce their egoistic elements towards the unborn and be more humanitarian to them as well. Undoubtedly, the unborn kid does not have any clue on how and why it is at the exact place. It is not good to terminate a life without giving it a chance to live fully. Indeed, there are many other mechanisms of resolving related problems. Along with this line of thought, procuring abortion compounds a tragedy. It is understandable that the conditions which a woman conceives are tragic such as a rape and incest. Other occasions include diagnosing the pregnant mother with a health defect that could also include the pregnancy putting the health of the expectant mother at risk. Nonetheless, it is never justified to respond to one tragedy with another one. A critical question to the proponents of abortion is, how does killing a child eradicate rape incidences? If the unborn in the womb of mother is ill, do we cure him by taking his life? In general, the society cannot avoid the all issues arising from health by denying the existence of human beings. It is only recommended that the society puts adequate measures in place to care for raped women compassionately.   Compassionate care does not in any way include ending the existence of the child in the womb. Care includes among other actions extending real facts to parents experiencing prenatal complications and directing them to other women wit h experiences that remain helpful to their colleagues.  

Choose any topic Essay Example | Topics and Well Written Essays - 750 words

Choose any topic - Essay Example For two past consequetive weekends he had been held up and had not been able to travel and see his family. He missed his daughter Lynn who was turning twelve the next day . John had every reason to be home with his family. His wife at home had left work earlier and arrived at home, instructed the househelp on the chores she needed done. When Lynn’s father called to inform her of his inability to be with them over the weekend, she had been jovial taking it as an opportunity to mingle with her friends at a Friday party. She had hurriedly rushed to the shower and dressed her best. Her friend Nadia had come pick her up. She had departed telling her maid she had was going back to work to finish some pending tasks. Jane had preferred working from her office given the ample atmosphere it gave her than at her home office in which Lynn could come nugging her for little odds and ends. Had Jane known what was laying ahead for her, she would not have made such a blunder. Jane and Nadia st omped into the red saloon car and driven off to a club where Nadia had planned to introduce her to this tall handsome guy. Around 10.00 p.m., John had hastily arrived at the bus station, managed to get the last bus headed to his home town. His attempts to call Jane had been futile since she had switched off her cell phone. John mysteriously found himself on sit number thirteen. An odd number indeed. He had thought superstitiously to himself. The bus went at breakneck speed, but still John found it too slow. He knew he would reach his home town around midnight and he dreaded robbery that was frequent due to insecurity of the town. He wondered how he still felt so bad about his seat number. He could have changed the seat, but had brushed off the idea as baseless mere superstitious thoughts that would reflect awkwardly off him. John slept intermittently along the way. He had reveries of sweet dreams that alternated with nightmares. At a point he had woken up with a jolt, shaking and

Child development Essay Example | Topics and Well Written Essays - 2250 words

Child development - Essay Example In 1901, England and Wales agreed to enroll the child who become half of three years old (OECD 2000). In the subsequent pages of this document, we will discuss and compare the education systems of two countries a) Australia and b) Italy with the Educational System of England. We will also discuss the advantages and disadvantages of Italian Early Childhood Education and Care System along with Australian style of early education. Education System of England The prime areas of EFYS of 2012 comprise a) Physical Development b) Personal, Social and Emotional Development c) Communication, Language and Literacy e) Mathematics f) Expressive Art and Design and g) Understanding the World (Department of Education 2012b). In the initial periods, practitioners have to play an important role in working with parents to support their young kids. It includes identifying learning needs for a quick response of the problem. When need arises, practitioners have to work with professionals of other agencies in the areas of community health and social services in order to provide exemplary learning opportunities for children. In special circumstances Partnership working is beneficial. It is important to provide necessary information about the on going activities of children on a regular basis through different modes like wall displays, photographs to the parents or children’s work. ... t b) Communication, language, and literacy c) Mathematical development d) Knowledge and understanding of the world e ) Physical development and f) Creative development (Walker 2005). Further, All educational institutions in England have to abide by the National Curriculum comprising twelve subjects. Out of which English,  Math  and  Science are compulsory subjects for all students. Below mentioned subjects are compulsory at a later stage: a) Physical Education b) Music c) Information and Communication Technology d) Foreign languages e) History and Geography f) Art and Design and g) Citizenship (Walker 2005). With regard to higher education, it requires a three-year  bachelor's degree. Students may have the postgraduate degree in two ways, either by taught or by research. The doctorate degree usually spans up to three years (Kubow and Fossum 2006). Apart from the above, non-statutory programs are also taught which includes Religious, Sex, Career and work related education in d ifferent phases. However, parents may withdraw their kids from the lessons of Religious and Sex education (Moyles 2007). It is agreed by all walks of life that the transitory period of a child in terms of early childhood education and onward schooling are important chapter for self and family. This opens up the door for a child for long term educational and occupational achievement (Alexander 1964). The successful completion of transitory period in a child’s life is heavily dependent on his or her personal / community characteristics, parents’ attitude and maternal education. In the initial period of child’s schooling, it is necessary for a child to understand the routines and practices. (Moyles 2007). For the last three years, government is putting in valuable efforts to improve, enhance and

Community Health Advocacy Project Part Five Essay

Community Health Advocacy Project Part Five - Essay Example Another key observation from the result of the questionnaire was that after the research was done to Belle Glade community was leading in number of the individuals infected, with 447 (73%) of the addresses randomly selected found with HIV as compared to Western Palm Beach Country which had HIV prevalence of 7/447 (1.6%, 95% CI: 0.4, 2.7) and 5/286 (1.7%, 95% CI: 0.2, 3.3) in Belle Glade (p = 0.2 in comparison with 1986). My aim, therefore, is to bridge the depravity gap, ascertaining the needs, and helping to decrease HIV/AIDS in the Glades area For the aforementioned objective to be met that is intensifying and mobilization of resources, both the Government and the Non-Governmental organization has to play a vital role in achieving this, the government should come into partnership with world-wide anti-HIV organization such as the Chevron as these organizations accumulate funds, from charity organizations, donation, these funds can then be channeled into the three levels of prevention to our aggregate’s health concern, Belle Glade Community. Another intervention, is by the social media, the social media should stress and emphasis the importance of abstaining, and having protected intercourse, that is for the primary level of the disease, and for the tertiary level of the disease, the media should advocate for the use of retroviral drugs, encouraging the victims, to use them, â€Å"it should advise the youths on substantial abuse, making it well-known that it is one way through which they can acquire the Immune Deficiency Virus† (James, 2008). Following the results, it will be rather prudent for men themselves to take care for their lives, by taking care of themselves, abstaining from unprotected sex, and attending regular medical checks in case of any suspicion. Towards my next objective that is, ascertaining the needs, and helping to

Experiemntal Video Art Research Paper Example | Topics and Well Written Essays - 1500 words

Experiemntal Video Art - Research Paper Example There is debate surrounding the importance of audience understanding the message of the video art. The genre, style and intent of the filmmaker is the major factor here. Some films are deliberately made in an abstract fashion, whose beauty lies in its ambiguity. This is the modernist direction in film and cinema where narrative forms have undergone experimentation. A discussion of French cinema is relevant here, as it offers a rich repository of filmmaking for over a hundred years. French directors, screenwriters and cinematographers have influenced or initiated various ‘waves’ of cinematic style over this period. French New Wave cinema is especially influential in this regard, which gave rise to truly modernist interpretations of cinematic art. Auteurs like Jean-Luc Godard, Francois Truffaut, Jacques Rivette, Alain Resnais, etc have pushed the boundaries of narrative form and content. In the case of Godard, the break from conventional cinema or cinema du qualite is so c omplete that his works have eschewed narrative story-telling altogether. Instead, in the highly experimental ‘attempts at cinema’ (as Godard refers to his works) the emphasis is on constructing essays. This is a sharp deviation from the traditional preoccupation with storytelling. Godard can be credited with pioneering the ‘video essay’ format, an experimental genre that is marked by its artistic, theoretical, and political perspectives. It is a format that is not easily accessible to the lay audience. The video essay marks â€Å"a distinct aesthetic strategy, one that is premised on a mode of relationality. According to Ursula Biemann, the video essay as a genre, situates itself between documentary film and video art. Considered too experimental, self-reflexive and subjective for

Six Flags Essay Example for Free

Six Flags Essay Amusement parks and theme parks are being the term of the entertainment attractions in over the World. The U. S is almost leading this large numbers of theme park by 322 $ million guests in 2003. According to the International Association of Amusement Parks and Attractions (IAAPA) the amusement park industry’s roots can be traced all the way back to medieval Europe when in approximately 1133 A. D, the monk Rahere, a former jester in the court of Henry I held the first trade fair (IAAPA). The idea of the amusement parks started in the United State sometimes in end of the 19th century by the electric trolley companies. Also, this idea came to create some events for people during the weekend, which it was the golden period of theme parks. In 1893, it was the first exposition which held in Chicago and it was the event which Ferris wheel as well as the Midway introduced to over the World (2002). Six Flags. Inc as known is the world’s largest regional theme park company based on the number of its properties; as well it is the 5th most well-liked in terms of attendance. Furthermore, Since the Walt Disney Company beings the first in amusement park operator in the U. S. Six Flags takes the second place with 20 million international visitors in the year. Whats more, Six Flags holds39 family oriented theme parks in the U. S, Canada, Mexico, and Europe. The company estimates that nearly two thirds of the American population that lives within 100 miles of one if its parks. According to IAAPA â€Å"the properties serve 35 of the 50 largest U. S. metropolitan areas. The company first target is the local markets as the only competitor, Disney land, are a focuses for visitors from the entire world. It also has exclusive rights to theme park usage of Warner Brothers 3  and DC Comics characters in most of North America, South America, and some Europe countries, with many parks featuring such characters, for example, Bugs Bunny, Daffy Duck, Tweety Bird, Yosemite Sam, Batman, and Superman (IAAPA. Sep 2009). The competition and marketing in amusement park industry have been growing up after began consolidate that occur a bigger established smaller parks and family operations. In addition, theme parks in U. S become high commodities and the gaining for theme park properties have been increasing to high record levels. They also have been supported by the government in U. S which was the biggest amount acquisition with U. S. $1. 9 billion that paid for the Six Flags Theme Parks Chain by Premier Parks. The Six Flags Company has been raking as the fifth largest amusement park regarding to the annual attendance in the world after Walt Disney, Merlin Entertainment Group in United Kingdom, Universal Studios, and Parques Reunidos in Spain. Also, Six Flagss properties become more available as the result of the consolidated of the U.S industry and it keeps announced every year unique properties to its parks which make operators work harder than before to attract and retain attendees. According to Six Flags Website in Aug 30, 2012 Six flags properties announced two ground-breaking thrill rides will debut at Six Flags over Georgia and Six Flags White water in 2013. For example, adding new rides, new shows, and new experiences. According to IAAPA amusement parks were not investing as heavily in magnificent roller coasters; instead in 2000, they were focusing more on family oriented rides and amenities like air-conditioned restrooms and better food. Also, Six flags usually every season surprises its visitors by great deals with lower price like free admission and free season parking to any Six flags theme parks. 4 The hot competition in theme parks business was one of the main reasons of the difficult time that the six flags company and amusement park industry had been facing during the past few years. For instance, in August of 2001, theme and amusement park operators were concerned with the drops in attendance in many parks. Also, the terrorist attack is another huge reason of dropping the market of the amusement park industry in the United State after the Sept, 2011. The bad weather condition in 2002 and the War in Iraq had affected the level of tourism to U. S especially the theme park sector. According to USA Today, 2002 10 percent of Americans rated amusement parks and sporting events as the most likely target for a terrorist attack, behind nuclear plants and large city downtowns, yet ahead of airports, national monuments, military installations, and bridges. The major competitor of Six Flags Company in U.S is the Walt Disney Company. It announced that the attendance in 2003 was almost 97 million and revenues of U. S. $6. 4 billion and most of visitors were from Walt Disney in Florida and Japan. Another competitor of Six flags is Universal Studios Recreation Group with 73 million visitors and revenues $ 4 billion in Orlando, Fl. Recovery strategies: In 2005, Six Flags made an important change in the top management by hiring Mark Shapiro the new chief executive officer, after that they change their focus and goals to become more careful about cleanness, kindness and with  family-friendly atmosphere. The management brings a trained staff and enforce of a code of conduct which made the park better than ever, with more customers satisfaction. Shapiro focused to drive to increase attendance through enhance broad-based marketing strategies and introduce standardized pricing in all parks, make marketing alliances and sponsorship with most popular consumer brands. Moreover, Much of Six Flags social marketing strategy relies on getting people to talk about events, such as the 45th anniversary celebration. According to Shapiro concluded, Every single day we will remain focused on bringing our guests an entertainment package that they cant experience anywhere else close to home: family rides, thrill rides, special events, concerts and shows, daily parades, fireworks, shopping, dining and games† (Six flags web, 2006). Overall, the main focus of Shapiro was to enhance and emphasize the benefits for existing resources and develop some of old strategies to raise the income and reach some of other goals.

Basic philosophy of the skilled helper model

Basic philosophy of the skilled helper model In the first edition of The Skilled Helper,published in 1975, Egan expounded a model of the helping process with the goal to establish a training technology that applies to helper training and to the helping process itself. The subtitle of The Skilled Helper is A Problem Management and Opportunity Development Approach to Helping, and this reflects Egans focus on problem solving and goal setting rather than dwelling on the past causes of problems. It provides a structured approach to the helping process rather than providing a theory of personality. The Skilled Helper is now in its ninth edition, and with each edition Egan has developed and refined the model, with differing emphasis upon its various stages. Egan does not claim the model asThe Egan Model but regards it as his own version of the basic dynamics of the problem management process (Interview 1995). It is influenced by the Person Centred approach of Carl Rogers and the Cognitive Behavioural theories of Albert Ellis, amongst others. The Rogers Core Conditions help provide the basis of the client-helper relationship whilst the Cognitive Behavioural approach of Albert Ellis can assist with the problem management stages of the model. The model is extremely flexible, and its integrative style allows for the introduction of various psychotherapeutic techniques into the helping process. Its fluidity allows the process to readily flow to any stage of the continuum to suit the clients current needs, whilst providing the helper with orientation on what stage the process is at. It has proved an enduring and successful approach to counselling and problem solving, and has readily crossed into other cultures. Egan partly describes its success as due to its logic being embedded in human beings. The problem solving process is recognised by humans around the world almost as a universal principle and therefore the stages of the model are readily identified with. The use of CBT techniques can introduce problems for under skilled helpers who may provide inappropriate guidance through the problem solving stages. The inexperienced helper may also view the model as a process of rigid stages and this may lead the helper away from the person centred relationship resulting in a poorer outcome for the client. From my own experience in the skills workshops there can be a tendency to rush through each stage of the process rather than develop the relationship at the clients own pace. 2. The key concepts and principles of the model The model breaks the helping process down into three sections, each describing a stage of the helping and problem-solving process. Each stage is further sub-divided into three tasks that help define the stage and the processes involved. Whilst in theory the implementation of the stages is sequential, in practice they overlap, and the helping process may move backwards and forwards freely between stages. Stage 1: The Current Picture This stage sets the scene and is the clients opportunity to say what is happening in their life and to tell their story. Task 1a: The Story The client is encouraged to talk and say why they have come to counselling and what is happening in their lives. The counsellor must draw upon Rogers Core Conditions and their active listening skills to build a relationship that expresses their understanding and acceptance of the client. Such skills would include open questions, reflection, paraphrasing and summarising The narrative should progress at the clients own pace. Task 1b: Blind Spots and New Perspectives The purpose of this task is to help the client recognise the blind spots in their story that they may have overlooked or not recognised, and to help them take a new perspective on them. The counsellor can draw upon their skills of advanced empathy and immediacy to raise questions that challenge the clients perception or understanding. Self-disclosure may be used with caution by the counsellor if it is felt appropriate, whilst the counsellors use of immediacy may challenge the client to consider what is going on here and now. Task 1c: Leverage As part of stages 1a and 1b the client may have raised many issues that could be discussed. However, stage 1a helps the client, through appropriate questioning, to focus and identify one issue that would bring the greater benefit and make a difference in their life. Often managing such a problem or opportunity may minimise or eliminate the other issues raised. Alternatively the large problems in a clients life may seem so unresolvable that they need reducing to smaller issues that will help the client cope with the present, and allow them to address further issues one step at a time. The issue chosen should be of sufficient gravity to continue working with, often clients will choose problems that they can manage happily themselves. It is also important that the client is able to take ownership of the problem and show commitment to resolving it before moving to stage 2 of the model. Stage 2: The Preferred Picture At stage 2 the client is helped to envisage what their ideal outcome would be, what they want their world to look like. From the future possibilities the counsellor can help the client focus on a range of objectives to work towards. Task 2a: Possibilities The client is helped to consider the possibilities for a better future and to explore what that future may be. This task often involves a level of brainstorming and creative thinking. Clients should be encouraged to use their imagination and suspend judgement. A typical question the counsellor may ask would be If you had a magic wand what would you want? Task 2b: Change Agenda From the range of possibilities identified in task 2a, workable goals can be identified which constitute the clients change agenda. The goals should be SMART (specific, measurable, achievable, realistic and time-based) and it is important that they are the clients goals. Task 2c: Commitment When a client leaves a counselling session and has to face the distractions of daily life, goals set at 2b are easily forgotten. The counsellor can help by ensuring that the goals chosen are appealing to the client and the clients own. The client should be helped to embrace and take ownership of the goals Stage 3 The Way Forward Without a strategy, the client may feel that the goals chosen at 2b remain unrealisable. This stage helps formulate strategies for achieving the clients goals. From these strategies a plan can be drawn to help the client move forward. Task 3a: Possible Strategies The client is encouraged to think about the possible paths that can be taken to achieve their goals. Like at stage 2a, the client should be encouraged to brainstorm and be imaginative. The counsellor may use their skills in probing and prompting to help the client focus on different avenues. Task 3b: Best-fit Strategies There may be a number of possible strategies identified at stage 3a, however not all may be suitable to the clients circumstances. At this stage the counsellor can help the client to choose the most appropriate. Ideally, the preferred strategies will be those that are most likely to succeed and that the client has enthusiasm for. 3. The Introduction of Material From Two Other Therapeutic Schools Transactional Analysis (TA) TA is a theory of personality developed by Eric Berne (1910-1970), a Canadian psychologist that looks at the analysis of social interactions. Berne stressed the importance of early life experiences on our personality and was influenced emerging humanist ideas that people are born OK. The philosophy of TA is based upon 3 assumptions: People are born OK We can all make our own decisions Nobody can make us do, think or say anything without our consent. TA comprises three key areas: A theory of personality comprising 3 ego states. Child, Adult, Parent that reflect our thoughts and behaviours A model of communication or transactions. In particular Berne was interested in what ego state people were transacting from and to. A developmental model referring to life scripts. We all develop a life script from an early age and live our life by it. Both the Egan Model and Transactional Analysis challenge clients to have a new perspective upon problems and both are influenced by Rogers Person Centred approach and the core conditions. However whilst TA is a theory of personality based upon ego states, the Egan model does not address personality or social theory and provides framework for helping into which elements of other theories can be introduced. TA therapy is generally over a much longer period than counselling under the Egan model which defines the specific goals of the counselling sessions much more clearly. Psychodynamic Therapy Psychodynamic Therapy is based upon the personality theories of Sigmund Freud (1856-1939) and psychoanalytical psychotherapy. Freud recognised a difference between the conscious and the unconscious, or repressed, mind. A mid way between the two is our pre-conscious where our subconscious filters into our dreams or fantasies. Psychodynamic counselling aims to bring the unconscious to the conscious, enabling the client to construct a more effective personality through their increased awareness. Freud developed three components of personality: Id. Our basic, unconscious instincts. Our animal drives Ego. the ego represents what may be called reason and common sense, in contrast to the id which contains the passions (Freud 1923) Superego. An internal moral, parental voice. Freud believed that our childhood influenced our later personality and that we later re-enacted the patterns established at an early age. Psychodynamic counselling focuses on early development and experiences to help the client understand the present. Psychodynamic Counselling is insight orientated and tries to gain understanding by delving into our past. The Egan approach is goal orientated, looking to a better future created by the clients own actions. Egan is built upon the Person Centred ideas of Rogers and is therefore client centred. The best person to solve the clients problem, is the client. In contrast Psychodynamic counselling is expert based. The counsellor interprets the evidence provided by the client. Egan looks to change current situations whilst Psychodynamic Counselling looks for understanding. However,the flexibility of the Egan framework allows psychodynamic, or other, theories to be introduced if the counsellor believes this would be of benefit. 5. Recognition of Using Methods and Techniques Without Adequate Training