The Meeting Game

The Controversy Of Nathan Mccall Essay - 2081 Words

In the late 1960s, Nathan McCall was a smart young African-American living in an all black neighborhood called Manor Cavalier, located in Portsmouth, Virginia. McCall was one of the five young children being raised by his mother and stepfather. First of all, he had two older brothers named Dwight, and then there was Billy, followed by McCall himself, a younger brother Bryan Keith and eventually a stepbrother named Junnie. In a family there is always that person that loves to absorb knowledge; that person was Nathan the one that enjoyed school and books. However, being surrounded by bad influences, living in a bad neighborhood and not to mention living in a time of racism affected his motivation to succeed in the future. The purpose of this essay is that it will demonstrate that someone being labeled as something they are not will affect that person’s future life. Using the labeling theory, the paper will explain that being insulted, humiliated and treated less than a person ca n lead a youngster to become an aggressive and careless child. Therefore, strategies that will help these youngsters to overcome these racial abuses and false libeling’s are by giving equal opportunities and treatments to anyone, no mater of their past mistakes when they simply want to adjust back to society. In the 1950s, Edwin Lemert was the first theorist to bring about the labeling theory with an explanation of a primary and secondary deviance. However, Lemert did not study and did not consider

Ethical Practice in Mental Health-Free-Samples -Myassignment

Questions: 1.Describe your Practice dealing with an Ethical Dilemma encountered with a Mental Health and addiction Service User. 2.Write a reflection on your own Ethical Practice while supporting the two (2) Mental Health and addiction Service User. Answers: 1.Mental Health Users: An ethical dilemma: Privacy The right of an individual towards confidentiality and privacy falls under the ethical principle of autonomy. There are four types of privacy including physical privacy, informational privacy, decisional privacy and proprietary privacy (Siriwardhana, Adikari, Jayaweera Sumathipala, 2013). Confidentiality is a right to restrict the disclosure of the personal information. While providing mental healthcare to a Tangata Whai Ora mental health patient, I faced ethical dilemma of privacy and confidentiality. The patient has reported me certain information that is potentially harmful to himself or someone else and thus I faced dilemma as a service worker in reporting the information. Moreover, a psychiatric patient does not have a stable frame of mind for the information to be truthful. I faced ethical dilemma in reporting that sensitive information to doctor because the patient was not willing to share the same with the doctor. He has shared with me only out of sheer trust and believed th at I won't share the same information to anyone else. Decision making process In the domain of the disclosure of the information, patient's autonomy is at times overridden by the ethical principal of justice and/or nonmaleficence, beneficence (DeKeyser Ganz Berkovitz, 2012). In the decision making process, what I took as a reference is, information can be disclosed in the absence of the patient's information only when the person are falling under a threat to themselves (non-maleficence) and when the information is in a need for providing quality care (beneficence). In my case, the information shared by the patients about his health status was misleading and has no connection with each other. This showed that the patient's was in a complex state of mind and was unable to recollect the thoughts and hence I reported the same to the doctor via narrating his actual quotes. This I need only for the continuity of care of the patient (beneficence) (DeKeyser Ganz Berkovitz, 2012). Maintenance of boundaries in accordance with the wellness plan According to the wellness plan, discussion of the issues in relation of the mental health service seekers must be done with the knowledgeable staffs for delivery of care in a safe manner (Arahura Charitable Trust, 2017). In this case, also the issues that are being experienced by the Tangata Whai Ora disclosed to the doctors as they are most knowledgeable person in the care model who will be successful in procuring quality care. Maintenance of boundaries in accordance with the organizational policies According to the organisational policies, all the staffs are legally restricted to respect the confidentiality and privacy of the Tangata Whai Ora (Kidd, Butler Harris, 2013). This signifies that during the tenure of the work and even beyond the work hours they are required to abide by the privacy policies. In order to remain within the boundary of the organisational policies, I treated the patient with respect and did not discussed his details or personal issues in front of the unauthorised person. What I did is I discussed his concerns with the doctors and only for the betterment of his health. Doctors are the best person to provide quality care to the patients via accessing their present condition. Since it is not possible for the doctors to remain in touch with the patients 24X7, it is the duty of the associated service providers to convey the information to the doctors. Discussion of ethical issues The ethical issue at supervision can be described under the light of the beneficence and nonmaleficence. For the benefit of the patient, in order relief him from the mental complexicities, it is the duty of the nurse to listen careful to very information or stories that is being shared by the mental health patients. Moreover, the nurses are required to generate a strong relationship based on trust with the patients so that they feel comfortable in sharing the information. When it comes sharing the information to the patients to other healthcare professionals who holds higher position in term of hierarchy, the ethical dilemma of confidentiality or privacy can be breached on the grounds of nonmaleficence. The act of nonmaleficence means no harm to the patients and here the nurse is only sharing data with the doctors in order to prevent further mental harm to the patient (Kangasniemi, Vaismoradi, Jasper Turunen, 2013). Ethical issues in accordance with organization policies Organizational policies maintain a strict rule of privacy and confidentiality concern when dealing with mental health patients. However, organization also assures quality care to the patients. In the grounds of providing quality care, a nurse can share confidential data to the doctors (included in the same health care team) in order to improve the therapy plan (Kangasniemi, Vaismoradi, Jasper Turunen, 2013). Addiction Service Users An ethical dilemma: Consent The main ethical dilemma that is faced while providing support to the patients who are suffering from certain kind of addiction (drug or alcohol) is, respecting patients autonomy (Owonikoko, 2013). Principle of autonomy refers to the right of the individual to determine the kind of activities they want or will to participate. The principal of autonomy falls under the category of consent. Decision making process The main decision making process that is being used for resolving the ethical dilemma of autonomy while treating addicted patients is the theory of utilitarianism. According to this theory, utility must always be encouraged as the sum of all the pleasures from an action, minus any suffering of anyone involved in the action. So the principle of utilitarianism always highlights the sum of well-being and ignores any negativity that may arise while working in favour of the benefit (Grant, Kajii, Polak Safra, 2012). I think, even if the addicted (drug or alcohol) Tangata Whai Ora is refusing to give the consent to participate in the addiction recovery service; the therapy can be applied beyond his or her consent. This is because, participation in the addiction recovery therapy, will actually help him or her to enter into a state of well-being. This quality of life will outnumber his or her negative approach in providing the consent in the long run. Maintenance of boundaries in accordance with the wellness plan In order to maintain the boundary of the support worker role in accordance with the organisational policies, I interacted with the Tangata whai Ora personally in order to know the exact reasons behind why he is refusing to participate in the addiction control wellness program (Holmes, 2012). What I elucidated that his concept of well-being is projected towards four basic pillars of life, as discussed in picture below. Figure: Four Dimensions of Wellbeing (Source: Hammell Iwama, 2012) After knowing the same, I tried to incline the effectiveness of the wellness programme to each of the four dimensions in life. I also tried to explain him how addiction control service will help him in stay under the good state of mental health, physical health and spiritual health and all these health status will in turn promote the family health (Hoge et al., 2-13). Thus via remaining within the boundaries of a support worker, I tried to earn the consent of the patient for his participation in the wellness program, without bridging the ethical theory of autonomy (consent). Maintenance of boundaries in accordance with the organizational policies As per the organizational policies, no patient can be forced or allowed to participate in a wellness program beyond his or her consent (Grady, 2015). So in order to remain within the boundaries of the organisational policies, I performed a counselling session with the patient. The counselling session helped in the identification of the dilemma which the patient is facing while participating in the wellness program. So via understanding the root of the problem, I acted accordingly, made him understand the benefit of the wellness program on an utilitarian approach and bridged the gap of autonomy (consent). Discussion of ethical issues The main ethical issues which are coming in supervision apart from the principal of autonomy is, the theory of libertarianism. According to this theory, there must a freedom for everything, like freedom of decision making, freedom of speech, freedom of gender equality and so on. However, the theory of egalitarianism states that there must be equality for all (Moreno-Ternero Roemer, 2012). So under the light of the egalitarianism, the patient here also deserves quality care but is unable to receive the same on the grounds of autonomy and libertarianism. However, his concept of denial is not justified as he is unaware of the consequences of the addiction in his later stages of life so the counselling done during the supervision is justified and will help the patient for fast recovery. Ethical issues in accordance with organization policies Organisational policies give importance of taking consent of patient at every stage of the wellness and recovery therapy (Thiel, Bagdasarov, Harkrider, Johnson Mumford, 2012). So in order to work in accordance with the organisational norms, the patient was counselled in order to obtain the consent and progress the treatment in an ethically correct manner 2.Reflection Reflection review The main service goal for the support workers who are working for an organisation for the betterment of the mental wellbeing of the patient and addiction support regime will patient only. I feel the service workers must work in unison via applying proper ethical theories. They must always consider the wellness of a patient above anything, where contradiction of the ethical principles must also be considered. Moreover, it must also be taken into account that the ethical principals must never be bridged in the grounds of harming the patients. If the ethical principles are bridged only because of providing quality care of the patients then the act of bridging can be justified. Reflection on ethical practices: Self evaluation Practise approach should always directed towards the betterment of the patients and their health. I always try to emphasize that the patient must always receive quality care in order to improve their quality of life. My underlying attitude and philosophy is defined by the ethical theory of egalitarianism. According to this theory every person is entitled to receive quality care and should never be judged on other grounds which may lead to biasness. The grounds include financial, cultural, social, education and habits perceived by the patients. I examine a person solely as a patient who needs quality care for the attainment of proper health and well-being. My personal values and believes state that the principal of beneficence and non-maleficence are interconnected. Beneficence deals with balancing the expected benefits of the treatment against the backdrop of the costs involved and the risk parameter. On the other hand, non-maleficience means avoidance of harm. Several treatments involve certain degree of harm; here the principle of non-maleficence would signify that the possible harm should never be disproportionate to the expected benefit of the treatment. However, abiding the principle of beneficence and non-maleficence may at times can cause harm to a person's autonomy (in some circumstances) (Thiel, Bagdasarov, Harkrider, Johnson Mumford, 2012). For example, it may be required to deliver treatment that is not expected to prevent the development of a future, more serious health related problem. The overall course of the treatment can be extremely unpleasant, uncomfortable or at times can be extremely painful. However, this might cast comparatively less harm to the patient than that would occur previously. So my self-evaluation tells me that my ethical mindset is more inclined towards the ethical principal of beneficence and non-maleficence. Patient's participation in the process of treatment decision, is the principal pillar of health care. This can be related to the highest levels of patient's satisfaction, adherence to the treatment and improved health outcomes. The level of patient's participation is the process of treatment decisions in dependent on the intrapersonal (patient's characteristic) and interpersonal (communication styles between the patient and the care provider) (Morse, Salyers, Rollins, Monroe-DeVita Pfahler, 2012). As per my evaluation, my communication style is strong enough in modulating the patients mindset, while making the patient to actively participate in the healthcare decision making. References DeKeyser Ganz, F., Berkovitz, K. (2012). Surgical nurses perceptions of ethical dilemmas, moral distress and quality of care.Journal of advanced nursing,vol. 68(7), pp. 1516-1525. 10.1111/j.1365-2648.2011.05897.x Grady, C. (2015). Enduring and emerging challenges of informed consent.New England Journal of Medicine,vol. (9), pp. 855-862. DOI: 10.1056/NEJMra1411250 Grant, S., Kajii, A., Polak, B., Safra, Z. (2012). Equally-distributed equivalent utility, ex post egalitarianism and utilitarianism.Journal of Economic Theory,vol. 147(4), pp. 1545-1571. https://doi.org/10.1016/j.jet.2011.04.001 Hammell, K. R. W., Iwama, M. K. (2012). Well-being and occupational rights: An imperative for critical occupational therapy.Scandinavian journal of occupational therapy,vol. 19(5), pp. 385-394. https://dx.doi.org/10.3109/11038128.2011.611821 Hoge, M. A., Stuart, G. W., Morris, J., Flaherty, M. T., Paris Jr, M., Goplerud, E. (2013). Mental health and addiction workforce development: Federal leadership is needed to address the growing crisis.Health Affairs,vol. 32(11), pp. 2005-2012. https://doi.org/10.1377/hlthaff.2013.0541 Holmes, D. (2012). Prescription drug addiction: the treatment challenge.The Lancet,vol. 379(9810), pp. 17-18. DOI:https://dx.doi.org/10.1016/S0140-6736(12)60007-5 Kangasniemi, M., Vaismoradi, M., Jasper, M., Turunen, H. (2013). Ethical issues in patient safety: Implications for nursing management.Nursing ethics,vol. 20(8), pp. 904-916. https://doi.org/10.1177/0969733013484488 Kidd, J., Butler, K., Harris, R. (2013). Maori mental health.Mental Health: A Person-centred Approach, 72. Cambridge University Press. vol. 1. Retrieved from: https://books.google.co.in/books?hl=enlr=id=FFtkAgAAQBAJoi=fndpg=PA72dq=Tangata+Whai+ORaots=FqDhJGaxHBsig=wXSqS13btQBpnPRqRtzZkL2-Puk#v=onepageq=Tangata%20Whai%20ORaf=false Moreno-Ternero, J. D., Roemer, J. E. (2012). A common ground for resource and welfare egalitarianism.Games and Economic Behavior,vol. 75(2), pp. 832-841. https://doi.org/10.1016/j.geb.2012.03.005 Morse, G., Salyers, M. P., Rollins, A. L., Monroe-DeVita, M., Pfahler, C. (2012). Burnout in mental health services: A review of the problem and its remediation.Administration and Policy in Mental Health and Mental Health Services Research,39(5), 341-352. https://doi.org/10.1007/s10488-011-0352-1 Owonikoko, T. K. (2013). Upholding the principles of autonomy, beneficence, and justice in phase I clinical trials.The oncologist,vol. 18(3), pp. 242-244. doi:10.1634/theoncologist.2013-0014 Providing community based support for people experiencing mental health difficulties. (2017) (1st ed., pp. 9-26). New Zealand. Retrieved from https://www.arahura.org.nz/files/3113/7280/4874/Services_Users.pdf Siriwardhana, C., Adikari, A., Jayaweera, K., Sumathipala, A. (2013). Ethical challenges in mental health research among internally displaced people: ethical theory and research implementation.BMC medical ethics,vol. 14(1), pp. 13. https://doi.org/10.1186/1472-6939-14-13 Thiel, C. E., Bagdasarov, Z., Harkrider, L., Johnson, J. F., Mumford, M. D. (2012). Leader ethical decision-making in organizations: Strategies for sensemaking.Journal of Business Ethics,vol. 107(1), pp. 49-64. https://doi.org/10.1007/s10551-012-1299-1

Violence and Conflict in Romeo and Juliet Essay Example

Violence and Conflict in Romeo and Juliet Essay Four hundred years ago, William Shakespeare wrote the tragedy of Romeo and Juliet, a popular play that continues to capture the imagination and emotions of people around the world. The drama portrays the passionate, violent and often desperate lives of the youth of Verona. Even today, the tragedy resembles a blue print of the problems that the adolescents of the twentieth century must face each day. In this play Shakespeare explores the pitfalls of young love, and the consequences they receive from their actions, which mostly revolve around violence and conflict. In Verona, the feud between the Capulets and Montagues reigns supreme, and rules seemingly over love, over justice, in an almost unfair manner, as civil blood makes civil hands unclean. The image of violence being so unfair exists prominently in the deaths of so many of the cast. We see the two obvious images of the tragid death of Romeo and Juliet. Their young, pure lives are brought to a despicable end through the violence around them Romeo and Juliet was written between 1594 and 1596. During this period, poets and dramatists alike were experimenting with a variety of styles; blank verse was a new form, and so was the sonnet. Shakespeare intentionally wrote Romeo and Juliet for the Queen, simultaneously gaining her interest and enthusiasm for his style of writing. The play contains a lot of sexual punning, rude jokes and verbal interaction, which Elizabethans enjoyed watching and reading about. These sorts of entertainments factors would really get the audience excited and their interest towards the story grows rapidly. We will write a custom essay sample on Violence and Conflict in Romeo and Juliet specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Violence and Conflict in Romeo and Juliet specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Violence and Conflict in Romeo and Juliet specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Throughout the entire play there is a strong sense of violence, which continues to portray unfortunate consequences. I will be explaining the aspects of violence and conflict in various scenes, to discover how they are a trigger to further preconceptions. Act one, scene one. I feel that Shakespeare begins his play in the same way he intends to end itthrough violence and conflict. Immediately we are introduced to the servants of the Capulets house. Where they are caught confidently boasting about themselves, Gregory, on my word, well not carry coals. However they do not only talk about themselves, but also bring the Montagues into their minor discussion, A dog of the house of Montague moves me. This clearly indicates that there is a strong sense of hatred within the Capulets for the Montagues, a hatred where even the servants are involved. It also shows how devoted and faithful the servants are to their master. Shakespeare soon decides to add some sexual innuendo, as Elizabethans loved the rude jokes and sexual punning, I will be civil with the maids I will cut off their heads. Gregory and Sampson are then greatly provoked by the entrance of Abram and Balthasar Montagues servants. Gregory suddenly changes his tone, as he is a cowardly character, No, marry! I fear thee! He does not wish to get involved in a fight. However Sampson on the other hand is roaring to go, as he wants to start a brawl, I will bite my thumb at them, from this comment we discover that the Montagues also hold a strong grudge against the Capulets, therefore Abram argues back, Do you bite your thumb at us, sir? This triggers their anger and they decide to physically attack one another, Draw, if you be men. Gregory, remember thy swashing blow. Suddenly Benvolio enters and realises what is about to happen, and advises the servants to not continue, Part, fools! Put up your swords; you know not what you do. There is another sudden entrance made by Tybalt, Lord Capulets nephew. He behaves in a contrasting manner to Benvolio and forces him to start fighting as is violence is the only solution to their problem, what, art thou drawn among these heartless hindes? Turn thee Benvolio, look upon thy death. Tybalts words sting Benvolio, as he has been greatly insulted. However Benvolio refuses to change his mind, I do but keep peace. Put up thy sword. Tybalt is a very unreasonable and stubborn character that seems to always depend on physical skills and strength to get him out of certain situations. Tybalt is extremely bitter and deeply insults the Montagues, I hate the word peace, as I hate all Montagues, Have at thee coward. The brawl soon begins, which soon turns out to be a massive street fight where the citizens also get involved in, Clubs, bills and partisians! Strike! Beat them down. Lord Capulet and Montague hear the noises of a vicious fight, what noise is this, and are soon drawn in, Give me my long-sword ho! However their wives try to prevent them from going in, Thou shalt not stir one foot to seek a foe. The aim of the first scene is to introduce main points, which contribute greatly throughout the play; the violence is made strong even within the servants indicating that the feud between both households is overpowering, uncontrollable and aggressive. Because of this aspect, many other problems occur. A small discussion between Sampson and Gregory turns into a massive fight, involving most of Verona. I think that Shakespeare wanted to express the seriousness of their hatred and how they would react when situations arise. Scene one makes the reader think how small words can cause chaos between feuding families. It is quite clear that characters in Romeo and Juliet feel that violence is the only answer to their problems, they do not realise that what they are doing is pointless, they think that as they are men they have to show their physical ability to acquire respect. Shakespeare decides to use strong violence and conflict in the first scene as it leads to bigger consequences throughout the play. Violence and conflict start off the play just like it starts off the problems for Romeo and Juliet. Act three, scene once takes place after Romeo and Juliets hidden marriage. Benvolio and Mercutio are lurking around the streets of Verona but Benvolio is worried and thinks they should leave in a short matter of time as their presence might cause another fight. Mercutios view on this is not the same; he accuses Benvolio of having a bad temper, and starting fights for no apparent reason. He claims Benvolio would walk into a tavern and starts a fight with anyone just because he felt like it. God send me no need of thee and by the operation of the second cup draws it on the drawer, when indeed there is no need. Benvolio is a very reasonable person but Mercutio is the type of person who would go out looking for a fight. During this teasing session, Tybalt appears in search of Romeo, as he wants to take his fury out on him. Mercutio begins to mock Tybalt, Heres my fiddlestick; here zounds, consort! Romeo soon arrives but he doesnt know Tybalt has come looking for him. Romeo wishes not to fight or argue with him, as it will be an insult upon his wifes family, Tybalt the reason that I have to love thee doth much excuse the appertaining rage to such a greeting; villain am I none, Mercutio and Tybalt are unaware of anything Romeo says, so they assume Romeo is being a coward. Tybalt adds Romeo, the hate I bear thee can afford no better term than this, thou art a villain. Tybalt being an arrogant, forceful character does not let this go easily. He calls Romeo Boy and says that this does not excuse the injuries that thou have done me, Romeo deliberately tries to avoid conflict submission! Allo stocata carries it away. Mercutio cannot believe his ears. Romeo? Backing down? He decides to defend his friend, and he draws his sword. The two begin to fight. Tybalt- I am for you, this quote was a typical fencing challenge and it means I am the one who is skilled enough to stab you into pieces. They both fight! Romeo tries stopping the fight but somehow Tybalt gets a thrust under Romeos arm and wounds Mercutio then runs away. Mercutio has been seriously wounded I am hurt. A plague o both your houses! I am sped. Mercutio says his injury is not so deep as a well, nor so wide as a church door but ask for me tomorrow, and you shall find me a grave man. He also comments on the feud: A plague on both your houses! Mercutio page goes to fetch a doctor while Benvolio h elps him to a nearby house. After a short while Benvolio returns and states that Mercutio is dead O Romeo, Romeo, brave Mercutios dead! That gallant spirit hath aspired the clouds, which too untimely here did scorn the earth. Romeo is upset and outraged when Tybalt comes back to the place of the scene Romeo is prepared to fight. Romeo gets the better of Tybalt and stabs him, Tybalt dies. Benvolio realizes the enormity of the situation, and decides that this might be a good time for the young lover to leave, Romeo, away, be gone! Romeo agrees, and he runs away, leaving a couple of corpses behind. Not so long a wait but then the Citizens arrive asking Which way ran he that killd Mercutio? Tybalt, that murderer, which way ran he? More people curiously arrive such as the Prince, Montague, Capulet, Lady Montague, Lady Capulet, and others. It seems that the word gets around pretty fast in Verona. At this point there are a lot of questions being asked, Prince: Where are the vile beginners of this fray? Juliets mother, seeing her dead nephew lying there in a pool of blood, demands that the Prince punish some of the Montagues blood, in revenge For blood of ours, shed blood of Montague. The Prince asks Benvolio who started it. Benvolio explains how Tybalt started it, how Romeo tried to stop it, and how Mercutio was murdered. He also explains how Romeo then lost his temper and fought Tybalt. Lady Capulet does not believe his tale. She claims Benvolio is biased: He is a kinsman to the Montague; Affection makes him false! She wants Romeos death. As Montague reminds him, Romeos crime was exactly the same as the punishment that the Prince had promised, back in Act I, Scene 1. Anyone guilty of fighting was supposed to die. Tybalt fought. So, now Tybalt has died. The prince gradually announces the punishment And for that offence immediately we do exile him hence: Romeo is thrown out of the city. The prince also says that Therefore use none: let Romeo hence in haste, Else, when hes found, that hour is his last. Bear hence this body and attend our will: Mercy but murders, pardoning those that kill. After this cruel and well-deserved announcement the scene ends. This scene has a lot of conflict and surprising actions, which Shakespeare creates to add dramatic irony, suspense, and thrillers to the play. Act three, scene one is a great turning point for Romeo; Shakespeare brings down his happiness through violence and conflict. Tybalts stubbornness and Mercutios continuous teasing cause a lot of trouble for Romeos future. I think that Shakespeare shows during this scene that all awful things happen through violence, nothing positive comes from it, and conflict revolves around fait and destiny; it occurs only for a reason. Act five, scene three. It is nighttime, and this scene takes place in the local cemetery. Alongside Juliet in her tomb is her arranged fiancà ¯Ã‚ ¿Ã‚ ½ Paris, he has come to say goodbye to Juliet. He explains and says he will come to the tomb every night to lay flowers and mourn Sweet flower, with flowers thy bridal bed I strew,- The obsequies that I for thee will keep nightly shall be to strew thy grave and weep. Paris hears a noise: it is a whistle, from his servant. A warning. Paris hides The boy gives warning something doth approach. All in due time Romeo and Balthasar arrive, Paris beside watches patiently. Hold, take this letter; early in the morning, See thou deliver it to my lord and father. Give me the light: upon thy life, I charge thee, Whateer thou hearst or seest, stand all-aloof, Romeo gives his faithful servant a letter. It is addressed to Mr. Montague, from Romeo. He stamps it, and then instructs Balthasar to leave. At this point Balthasar is pretty worried that Rome o might kill himself Why I descend into this bed of death, so he stands nearby the tomb. Thus I enforce thy rotten jaws to open, and, in despite, Ill cram thee with more food! Romeo slowly opens the tomb, as he is doing this Paris is watching carefully, this stage of the process Paris thinks that he is going to vandalise Juliets tomb, he also knows that Romeo is meant to be banished from Verona This is that banishd haughty Montague, Paris not knowing the truthful story thinks that it is all Romeos fault that Juliet is dead, his reason being that she died of grief and shock for Tybalt. When Paris says that Romeo must die, Romeo agrees. He says, Therefore I came hither. Romeo becomes annoyed and pleads him to leave. Also warns him and sends him a silent threat. By urging me to fury: O, be gone! Stay not, be gone; live, and hereafter say, a madmans mercy bade thee run away. Paris doesnt obey Romeos orders leaving Romeo to kill Paris as he gets in the way. As Paris gets stabbed and dies he asks to be buried along side Juliet If thou be merciful, open the tomb, laid me with Juliet Finally Romeo recognises Paris and puts him in the tomb. Romeo notices at once how Juliet does not really look very dead. He comments on the colour in her cheeks, and on her lips. Thou art not conquerd; beautys ensign yet, is crimson in thy lips and in thy cheeks, and deaths pale flag is not advanced there. He pulls out his poison from his pocket. He kisses Juliets lips and drinks. He falls. He dies. The last words of Romeo are O true apothecary! Thy drugs are quick. Thus with a kiss I die. At that moment, Friar Lawrence arrives, he discovers Balthasar, who is still hiding in this very crowded graveyard. Friar Lawrence enters the tomb and notices the dead bodies of Paris and Romeo. All in this act Juliet awakes, the plan seems to be tilted on its own head and immediately Friar wants Juliet to come away from the tomb Hath thwarted our intents. Come, come away. Juliet does not respond and stays put. Friar Lawrence hears a noise-it is the approaching guards. The Friar realises that if he is found out then his future will be on the line, in all this confusion the Friar leaves Juliet on her own without comprehending the consequences. Juliet sees Romeo and tries to take the poison of his lips, I will kiss thy lips; Haply some poison yet doth hang on them, to make die with a restorative. This does not seem to work, she hears a watchman coming in the near distance so takes Romeos dagger and stabs her-self. She dies. Her last words being O happy dagger! This is thy sheath; there rust, and let me die. All the other characters in this play dont really understand what is going on; they must seem surprised that Juliet has died twice. The watch arrives with Pariss page, and sends for the prince. He turns up at the scene hastily, followed by Lord and Lady Capulet. The watch begins to explain all and how Paris and Romeo have died. Everyone except, Lady Montague. Romeos mother, it seems, is no longer with us. Mr. Montague explains, Grief of my sons exile hath stopped up her breath. Lady Montague is dead. The Prince asks the guards to bring forth the parties of suspicion. Then, Friar Lawrence is asked to say a few words. Inst ead of saying only a few words Friar Lawrence gives a marathon of a speech thinking that if he keeps talking it my save his life from being taken away. Give me the letter; I will look on it. Where is the countys page, which raised the watch?- The Prince reads the letter Romeo had given to Balthasar. As the Prince reads, Paris servant (the Page) explains how his master and Romeo fought. The Prince announces that the note confirms the story, and also that it mentions the poison Romeo bought. This letter doth make good the friars words, their course of love, the tidings of her death: At the very ending of the play the Prince tells Capulet and Montague hat their feud has taken away the lives of Romeo, Juliet, Mercutio and Paris. Capulet-O brother Montague, give me thy hand: This is my daughters jointure, for no more can I demand. Montague replies But I can give thee more: For I will raise her statue in pure gold; that while Verona by that name is known, There shall no figure at such rate be set as that of true and faithful Juliet. They two families pay the price and they finally end the feud and agree to put up statues in memory of their children. Prince says the last words of this exceptionally tragic play A glooming peace this morning with it brings; the sun, for sorrow, will not show his head: Go hence, to have more talk of these sad things; some shall be pardond, and some punished. Directing Act five, scene three Out of all the scenes, I feel that the last scene would be an excellent choice as I can use many different types of affects to highlight the feelings and actions of the characters. This scene contains a lot of tragic emotions; heart filling phrases and has a romantic yet quite upsetting tone and mood. To emphasise this, I have to use various sound effects, lighting, different props, settings and costumes. This will allow the scene to become much more dramatic, gaining the audiences full attention. The scene will start off by displaying Juliets tomb, the lighting in the room will be dim, but the lighting around her tomb will be bright, this has a great double meaning behind it as it symbolises that she is still alive and not dead like the rest of the people surrounding her. There will be light; melodic music from a piano comforts the dead souls and Juliets lively heart. You soon hear light footsteps of a stranger, approaching the tomb, his face is gradually revealed as he starts talking. We find out its Paris, laying down flowers for Juliet. The lighting around her tomb becomes dimmer and you can hear the screeches of a violin, Paris all dressed in black stares at Juliet as she lie like a solemn princess, dressed in all white, representing her innocence and virtuousness. Paris continues to talk to her for a period of time. Lurking outside is her lover Romeo. Outside the tomb, it is extremely shadowy and murky, deep sounds of the trumpets are heard, as Romeo is about to enter the room. A soft, tingly sound is produced by the triangle and xylophone. Romeo enters, and Paris unexpectedly hides. The music pauses, and the only thing the audience can hear are the discrete sounds of Romeos swift footsteps. During this time the entire room is pitch black, but as he travels closer, he spots a radiant glow, directly ahead of him. Romeo is also wearing all white. Sweet sounds of the violin and piano accompany him, as he leans ova Juliets tomb and stares at her sleeping peacefully, tears impulsively fall from his eyes and lands on her cheeks. Romeo holds Juliets hands closely to his heart, and whispers his gentle words into her ears concurrently crying. The brightness of the light increases and Romeo holds up the bottle of poison and then quickly drinks it, as he drinks it, he sees Juliets eyes twitching but soon he falls to the floor and dies. The light becomes dim, and after a just a few minutes, Juliet awakes. She sees Romeo, and her face all crawls up, she is in devastation. The music increases in speed and becomes louder, she reacts abruptly and out of pain, she gets hold of the knife and immediately stabs herselfshe dies straight away. The music instantly stops and the lights slowly go out, showing the final image of Juliet lying on top of Romeo, both dead. I feel that I have used various techniques to fulfil the aims of directing this play. Adding suspense using the music, adding a dramatic tone using the lighting and adding romance with more feeling. I have definitely improved this scene for maximum success. Conclusion Romeo and Juliet is undoubtedly a play written around violence and conflict, viewed from this fresh perspective, Shakespeares tragic drama of the star-crossed young lovers is seen to be an extraordinary work. Indeed, Romeo and Juliet was an experimental stage piece at the time of its composition, featuring several radical departures from long-standing conventions, which were conveniently caused by the violence and conflict around them. These innovative aspects of the play, moreover, reinforce and embellish its principal themes. The latter include the contrast between love and hate, the correlative use of a light/dark division, the handling of time (as both theme and as structural element), and the well-known status accorded to Fortune and its expression in the dreams, omens and forebodings that signify its tragic conclusion. Violence and conflict has definitely been the underscore in this play, as violence has occurred most frequently, whilst conflict has been discretely flowing throughout, hitting where it hurts most. The deaths of young Romeo and Juliet were only caused through aggression and variance, which played with fait and twisted their destiny, to erase the blindness and substituted it with contentment and peace. Shakespeare is trying to make it clear that there is no need for violence when love can overcome, enduring your pride and putting your prejudices to a side can open your eyes to many desirable aspects of life. This is a great mistake the Capulets and Montagues made. Violence played its part, conflict wasnt far behind, they played with Romeo and Juliets love, they destroyed many lives and corrupted both families, but at least one affirmative aspect came out of itthe final alliance of both families. I feel that I have fully explained each scene carefully, highlighting the parts that contained a lot of violence and conflict, clearly stating the meaning and my own opinions. I have evidently backed up each point made with quotations and then further went in detail by elaborating Shakespeares intentions, and how they worked well together. I have expanded on the fact that it was an exceptionally effective play and how I thought violence and conflict were definitely central, I also explicated how and why they were central, providing extensive quotations. Romeo and Juliet was a play of love and romance, warped in bloodshed and divergence, for never was a story of more woe than this of Juliet and her Romeo

Madonna Of Raphael And Cimabue Essays - Madonna Del Prato, Madonna

Madonna Of Raphael And Cimabue The following paper is a comparison of Raphael's Madonna of the Meadow and Cimabue's Madonna Enthroned. Madonna of the Meadow was painted by Raffaello Sanzio, otherwise known as Raphael, in 1505. This time period is known as the Italian Renaissance. The painting was oil on panel and stood 3 ft 8.5 in X 2 ft 10.25 in. It is now in the Kunsthistorisches Museum in Vienna, Italy (Adams, 567). Madonna of the Meadow is of a classical nature, which is very common of the time period. A good example of this would be the nude characters used in the art. The medium used (oil) was also being used very widely in Italy by this time. It allowed the painter to make very realistic shades and colors. The figures and landscape in the painting also looked very fluid and real due to the use of the oil paint. The iconography of the painting lies in the history of its famous characters. The three figures come from the Bible; however, the artist has taken some liberties. The picture contains the Virgin Mary, the baby Jesus and his second cousin St. John the Baptist. The picture foreshadows the death of Christ on the cross. This point is displayed in the action of the painting where St. John is handing Jesus a small cross and Mary is looking upon it knowing what is to come. There is a feeling of connection between the three of them by the way they are all looking at each other and the cross. Although I could find no documentation on this, I feel there is also a symbol of the trinity in the three flowers to Mary's left side. The flowers are very prevalent and are connected to the figures in the painting by having the same color that is in the Virgin's shirt. It is also speculated that the water in the background symbolizes the baptism of Christ by John the Baptist. The fact that Mary is barefoot in the painting indicates that she is walking on holy ground. This painting is among a series that has been called Madonna of the Lands because the Florentine countryside in the background is said to be under the protection of the Virgin, the Child and the infant Baptist. The Virgin Mary is also joined to the landscape by her sloping shoulders which make a continuation of the mountainous peaks of Florence in the background (Hartt, 470). The positioning and placement of the three biblical characters are said to be in a Leonardesque-type pyramid (Hartt, 470). Raphael favored this style and positioning from Leonardo DiVinchi. The poses of the three are very calm, relaxed and subdued. His overall style of the painting was very realistic and smooth. The use of light was very natural and soft with delicate shadowing and a continuous flow of the direction of the sunlight. The setting is very spacious and deep and his use of atmospheric perspective is very noticeable, allowing the scene to become even more alive and believable to the eye. The halos adorning the three are also put into perspective by an elliptical shape and by being very faint. The colors and tones are very natural and soothing, much like the brushwork of the painting as well. The best description of the painting comes from our textbook Art Across Time stating that, "Raphael's style is calm, harmonious, and restrained". In comparison, Madonna Enthroned has many differences although it contains two of the same characters. The painting is much larger having a height of 12 ft 7 in and a width of 7 ft 4 in. It was designed about 200 years earlier than Madonna of the Meadow during the Byzantine Influence. It is currently being held in the Galleria degli Uffizi. Its medium also differs quite much in that it is a tempera on wood (Adams, 452). The tempera does not allow the painting to look as real and as fluid as does the oil. The Christ child is very much adult-like in his appearance and gestures, nothing like the one in Raphael's painting. It is, however, very typical of the Byzantine style as is the gold background and thin figures (Adams, 450). The figures in the painting are once again from the Bible. However, in this painting we also have angels and four older men at the bottom of the throne holding scrolls. These men depict the four prophets of the Old Testament. The style differs quite a bit from Madonna

Roskill and Howard Davies Airport Commissions and the Third London Airport The WritePass Journal

Roskill and Howard Davies Airport Commissions and the Third London Airport Introduction Roskill and Howard Davies Airport Commissions and the Third London Airport ). Capacity expansion pursuits have been long drawn over half a century involving two airport commissions and political intrigues (FT, 2014). The Third London Airport commission popularly known as the ‘Roskill Commission’ anticipated growth in air transport and speculated that by the end of the century London might have to accommodate 100 million passengers (Abelson and Flowerdew, 1972). It was an appropriate estimate as the actual number was 115 million (CAPA, 2013). This ceiling has been surpassed and London airports are operating under strenuous volumes. The pursuit of an alternative airport, additional runways to expand capacity, among other options continue to feature in public discourse almost half a century later with myriad arguments and counterarguments (FT, 2014; The Independent, 2014). This report explores the works of the airports commissions (Roskill and Howard Davies commissions), as well as the consideration of the controversial Boris Island alternative. It focuses on the demand and supply of airports among other considerations significant for such ventures as the development of new airports or aviation facilities. History of commissions and development of arguments A 1964 interdepartmental committee on the Third London Airport forecast that the capacity of Heathrow and Gatwick airports combined, even with the addition of a second runway at Gatwick, would be insufficient for Londons air traffic by 1972 (Mishan, 1970). After the consideration of options, the commission on the Third London Airport (Roskill Commission) was set up in 1968. With their evaluation of the timing of need, expansion capacity requirement, and after a careful study of a total of 80 proposed project sites, the commission finally chose four sites, among them a new airport at Cublington (Abelson and Flowerdew, 1972). It was the first time that a full range of environmental and economic arguments were brought to bear on a major investment decision, providing substantial and significant systemic evidence on which to base decisions (HC, 1971). Its excellence in approach and output was however to not much good as government, with a variant perception and opinion immediately rejected its findings choosing instead a scheme to build an airport at Foulness, in the Thames Estuary (Mishan, 1970). Interestingly, this option had been considered and had been decisively rejected by the Roskill Commission on the basis of cost, distance and convenience to prospective passengers (FT, 2014). Neither of the two propositions (Cublington and Foulness) was built and a subsequent change in government and complexion led to the devise of a different scheme a limited expansion of an existing airport at Stansted which was accomplished a decade after proposition. This option had also been considered by the Roskill Commission and never made its shortlist of key options (Helsey and Codd, 2012). It was a predictable failure and is still challenged by the lack of success in supporting long-haul operations by airlines, only benefitting from low-cost carriers (principally Ryan air) drawn by attractive landing charges which offset consequent inconvenience to their passengers (AOA, 2013). A proposal which has re-emerged and gained prominence is the new airport at the Thames Estuary. The ‘Boris Island’ alternative Dubbed Boris Island as a consequence of its support by London Mayor Boris Johnson, the London Britannia Airport (a name adopted for the latest iteration of the idea in 2013) is a proposed airport to be built on an artificial island in the River Thames estuary to serve London. Plans for this airport go several years back but the idea was revived by the Mayor in 2008 (CAPA, 2013; Mayor of London, 2013). Proponents of the project cite the significant advantage it portends in the avoidance of flights over densely populated areas with consideration of noise pollution and attendant safety challenges. However, its critics who include some local councils, nature conservation charity RSPB, as well as current London airports, oppose the scheme, suggesting that it is impractical and expensive (AC, 2013b). It is still under consideration of the Howard Davies Airports Commission, which estimates the entire undertaking including feeder roads and rail to cost  £112 billion, about five times the presently shortlisted short-term options (AC, 2013c). The overall balance of economic impacts of the project would be uncertain given the requirement for the closure of Heathrow and by extension London city for airspace reasons (CAPA, 2013). Renewed pursuit Howard Davies Airports Commission In spite of the myriad arguments and criticisms of the various alternatives, not much has changed and the Howard Davies Airports Commission set up in 2012 still wades in the long running controversy (CAPA, 2013; AOA, 2013). There has evidently been little learnt in the several decades of bad policy making given the hedging, stonewalling, and political posturing that still characterizes the endeavour, a readiness to oppose policies espoused by those of different complexions or the persistent complication of issues when there is requirement for bold action. This characterizes policy today as it did half a century earlier with elaborate models being grossly misused and deliberately disregarded. Minor challenges and disadvantages are greatly amplified overshadowing potentially more substantial benefits (FT, 2014). The Airports Commission was set up to examine the need for additional UK airport capacity and to recommend to government how this can be met in the short, medium and long term. The commission is tasked with creating economic, sustainable and socially responsible growth through competitive airlines and airports. (AC, 2013a). The findings of the Howard Davies Airports Commission contained in their interim report released in December 2013 (preceding a final report expected in 2015) are mainly focused on the continued growth of air travel, mainly in the South East of England. The Commission considers that the region needs an extra runway by 2030, and another possibly by 2050. On the shortlist for the expansion of airport capacity are three options comprising a third runway at Heathrow 3,500m long; lengthening of the existing northern runway to at least 6,000m enabling it to be used for both landing and take-off; as well as a new 3,000m runway at Gatwick (CAPA, 2013; AOA, 2013). Not included is the brand new hub airport in the Thames Estuary, which is side-lined citing uncertainties and challenges surrounding the proposal at this stage (AC, 2013d). However, the Commission promises an evaluation of its feasibility and a decision on its viability later in 2004 (The Independent, 2014). The Stansted and Birmingham options, however, failed to make the shortlist, although the decision remains open for their qualification in the long term (CAPA, 2013). In the Commission’s view, the capacity challenge is yet to become critical although there is potential if no action is taken soon. However, capacity challenges and the jostling and vying for a slice of anticipated extra capacity by airports signals need (AC, 2013d). Arguments on the expansion of airport capacity The Howard Davies Commission acknowledge the ‘over-optimism’ in recent forecasts of growth in demand for the aviation sector, but consider the level of growing demand as prominent requiring focus on the earliest practicable relief (AC, 2013c). This is in response to contentions by opponents that the current capacity is adequate basing their primary argument on earlier inaccurate demand forecasts. These opponents posit operational changes including quieter and bigger planes could serve to accommodate more passengers negating the need for ambitious and expensive ventures. Some also argue that constraining growth in the aviation industry would be the best option for emissions reduction and that government should utilise available capacity, pushing traffic from London’s crowded airports to others around the country, (AC, 2013b; c; d; AOA, 2013 DOT, 2013). The Commission accepts the changes in aviation practice and aircraft design could deliver modest improvements in capacity but argue that none of these submissions suggested significant transformational gains (AC, 2013c). It also stresses that deliberations were alive to the issue of climate change and were focused on the delivery of the best solution for the UK, which entails the achievement of carbon targets and delivery of required connections for the economy and society(AC, 2013c; d). The Commission notes that doing nothing to address capacity constraints could have unintended economic and environmental consequences with the possibility of some flights and emissions being displaced to other countries (AC, 2013d; CAPA, 2013; Mayor of London, 2013). Reliance on runways currently in operation would likely produce a clearly less ideal solution for passengers, global and regional connectivity, and would be sub-optimal in the endeavour to minimize the overall carbon impact of aviation (AC, 2013a; AOA, 2013). To achieve statutory mechanisms aimed at operational efficiency and emission reduction are critical. Conservationists, such as the Friends of Earth, decry growth arguing that the building of more airports and runways will have a major impact on local communities and the environment (Mayor of London, 2013; AC, 2013b). The argument for sustainable growth is welcomed by industry players in light of calls for constraint (AOA, 2013; The Independent, 2014). Through time, the argument has significantly centred on the timing of need for expansion of capacity with the uncertainty over growth and demand estimates. The drive for more intensive use of existing capacity is most appropriate in the short-term given that operational and aircraft design improvements have enabled the handling of more volumes than anticipated. Though limited, there is still capacity for improvement benefitting environmental conformity and overall efficiency. Several tactical improvements are proposed by the Davies commission to enable full and efficient use of available resource and capacity (DOT, 2013; AC, 2013d). The Davies Commission proposes the encouragement of greater adherence to schedules by airlines through stricter enforcement of aircraft arrival time. This would enhance efficient sequencing of arrivals ending the practice of ‘stacking’ especially at Heathrow (Europe’s busiest airport), which is expensive in fuel costs and time and has adverse environmental impact. They also propose ‘smoothing’ of timetables and the tackling of surges in traffic and bottlenecks, such as restrictions of arrivals before 6am and the designation procedures of runways which impede efficiency (AC, 2013d). Also considered are ‘mixed-mode’ operations which entail simultaneous use of runways for take-offs and landings. Through this mode, Heathrow expects to gain 15% in airport capacity without extra building (AOA, 2013). The Airports Commission rules out proposed mixed-mode operations suggesting its use when arrival delays arise and eventually to allow envisaged gradual traffic build up and increase in operations towards the opening of additional runways rather than a flood-gate of activity. In their consideration of noise pollution and impact on residents, the Commission recommends ending of simultaneous landings at both runways with an exception of times of disruption (AC, 2013d). Presently, Heathrow designates different runways for landings and departure which are switched daily at 3 pm to allow for respite for communities near the airport (AOA, 2013; FT, 2014). The Howard Davies Commission suggests that there might not be need for one huge hub airport as growth in recent years has come from low-cost carriers (AC, 2013a). This view makes the case for expansion of Gatwick Airport. In anticipation of confirmation of expansion priorities and solutions, airport bosses are at loggerheads with Gatwick bosses suggesting that it would not make business sense for their second runway if Heathrow is also given a green light for simultaneous expansion (AOA, 2013). This is in consideration of an extension of time to achieve return on investment from the expected 15-20 years to 30-40 years. Gatwick’s case is compelling given that it is cheaper, quicker, has significantly lower environmental impact and is the most deliverable solution in the short term (CAPA, 2013). Heathrow rejects this argument insisting there is a clear business case for a third runway regardless of development at Gatwick. With the airport operating at 98% of its capacity, they highlight potential for parallel growth delivering choice for passengers (AOA, 2013). Mayor Johnson is, however, opposed to Heathrow’s expansion citing the misery inflicted on a million people or more living in west London. He notes that there has been significantly more concern for the needs of passengers superseding the concerns of those on the ground. Johnson proposes focus on the new hub airport (Boris Island) to relieve impact on residents as well as to enhance UK’s competitiveness (Mayor of London, 2013). Supporters of Heathrow’s expansion say it will be quicker and will help to maintain the UK as an international aviation hub increasing global connections. Paris, Amsterdam and Frankfurt are closely competing for this business (DOT, 2013). Conclusion The examination of need for additional airport capacity and recommendation of solutions for the short, medium and long term, has taken the UK half a century and two commissions and still there is no confirmed venture despite the raft of proposals. The earlier Roskill Commission reached conclusions on four promising sites-including a new ‘Boris Island’ airport, which are still under consideration in the later commission the Howard Davies Airports Commission. Considering several arguments with regard to their mandate, the latter commission has proposed additional runways one at Gatwick and possibly two at Heathrow despite potential adverse effects to London residents. They are still to deliver a verdict on the new Thames Estuary project, promising a decision later in 2014 after evaluation. References Abelson, P. and A., Flowerdew, 1972. Roskills successful recommendation. In: Journal of the Royal Statistical Society. Vol. 135. No. 4, pp.467 Airports Committee, 2013a. Emerging thinking: Aviation Capacity in the UK. 7th October. Viewed from: https://www.gov.uk/government/news/aviation-capacity-in-the-uk-emerging-thinking Airports Commission, 2013b. Stakeholder responses to Airports Commission discussion papers. 25th October. Viewed from: https://www.gov.uk/government/publications/stakeholder-responses-to-airports-commission-discussion-papers Airports Commission, 2013c. Airports Commission discussion papers. 29th July. Viewed from: https://www.gov.uk/government/collections/airports-commission-discussion-papers2 Airports Commission, 2013d. Short and medium term options: proposals for making the best use of existing airport capacity. 7th August. Viewed from: https://www.gov.uk/government/publications/short-and-medium-term-options-proposals-for-making-the-best-use-of-existing-airport-capacity CAPA, 2013. The Davies Commission’s Interim Report on UK airports: the big loser remains UK competitiveness. Centre for Aviation. Department of Transport, 2003. The Future of Air Transport White Paper and the Civil Aviation Bill. [online] viewed on 14/1/2014 from: http://webarchive.nationalarchives.gov.uk/+/http:/www.dft.gov.uk/about/strategy/whitepapers Financial Times, 2014. Londons new airport held to ransom by folly. December, 2013 Helsey, M., and F., Codd, 2012. Aviation: proposals for an airport in the Thames estuary, 1945-2012. House of Commons Library. Viewed from: http://cambridgemba.files.wordpress.com/2012/02/sn4920-1946-2012-review.pdf House of Commons Hansard, 1971. Thhird London Airport (Roskill Commission Report). 4th March. Vol. 812. cc1912-2078. HC Mayor of London, 2013. Why London needs a new hub airport. Transport for London. Viewed from: tfl.gov.uk/corporate/projectsandschemes/26576.aspx Mishan, E., 1970. What is wrong with Roskill? London: London School of Economics Airports Operators Association, 2013. The Airport Operator, Autumn 2013. The Independent, 2014. Sir Howard Davies Airports Commission: Air travel could be transformed within a few years – with no more stacking. 17th December, 2013

Shipping Law case abt DEVIATION AND LIBERTY CLAUSES Essay

Shipping Law case abt DEVIATION AND LIBERTY CLAUSES - Essay Example Instantly Mr. Francis (owner of the ship) received a message to consign 10 containers of engineering equipments to Southampton, before reaching New York. The ship docked in New York on 7th November 2008. When the ship was being anchored, it happened to hit against a dock wall, due to apparent negligence of the ship’s master. Consequently 40 crates of medical equipments, valued at around  £40,000 were totally ruined. The subsequent inquiries revealed that navigating officer and master of the vessel, who were mainly responsible for the safety of ship and cargo, were in an inebriated state during the time of occurrence of accident. The shipping law is a combination of customs, precedents, legislations, and ratio decedent. The subject matter of the same is ownership and operation of ships travelling through the high seas which confers rights and imposes duties on the respective parties. The transportation of goods along the high seas is primarily based on contracts or agreements between the ship owner on the one hand, and the party consigning goods, on the other. Anyway, these agreements are grounded on archaic customs and antiquated precedents prevailing in the industry. As already mentioned the transportation of goods through high seas is mainly based on contracts or agreements between the ship owner and the consigner. These types of contracts are otherwise termed as â€Å"Charter Parties†. The term Charter Party is derived from the Latin word â€Å"Carta Partitta† which means â€Å"divided charter†. As per the classification the charter party is divided into three types which are â€Å"Demise charter†, secondly, â€Å"Time charter† and finally â€Å"Voyage charter.† 1 It is the charterer who appoints the master and the crew of the ship. The charterer himself affects the repairs etc. In summary the charterer acts as if he is the owner of the vessel during the period of the contract. In time charter the

Finance assignment Case Study Example | Topics and Well Written Essays - 1500 words

Finance assignment - Case Study Example Often times, the human resource management (HRM) department is considered inferior to other departments like finance and marketing, as it does not contribute to the revenue generation of the organization directly (Davis, 2011). This paper focuses on the financial aspect of the human resource management as it discusses its importance in the organization. It highlights the fact that HRM department is wrongly underrated, because it also contributes to the revenue of the firm. In this study, the case of John Lewis Partnership has been highlighted to point out the financial importance of the HRM in an organization. The human resource management (HRM) is described simply as proper allocation of human capital in the right time and in right place. By the proper allocation of the work force in all the departments, an organization is able to increase the overall efficiency of the firm (Lundy, 2008). The increased efficiency eventually leads to higher revenue generation and avoids resource wastage by inefficient usage. Thus it is clear that the financial importance of the HRM lies in the efficient use of human resources in such a manner that the financial investment made in the HR department gives proper return. The return on investment of the HR department is determined by the financial output of all the other departments and the organizational output as a whole (Price, 2011). According to Woods (2012) John Lewis partnership (JLP), unlike any other retail firm, is run by the employees who pose as the partners of the business operation. The management is run by a trust which operates on behalf of the employees. JLP has put the HR department in the in the centre of the management decision making. The HR department is prioritized so much that Andy Street, one of the personnel director made his way to the position of Managing Director (Cunliffe and Craik, 2014). The concept of partnership allows the employees or partners to enjoy benefits from the

The Impacts of Global Media on Local Cultures and Identities Dissertation

The Impacts of Global Media on Local Cultures and Identities - Dissertation Example Since the overall impact of globalization is diverse i.e. social, political, cultural, economic, media etc. therefore it may be relatively difficult to define globalization according to certain fixed parameters. Although it would be very difficult to believe that any of these views are absolutely right, but nevertheless globalization and its relationship with the media should not be ignored outright Media plays a vital role in creating the link between the different cultures and works as the fastest mode of spreading the aspects of the world cultures. This may create good or bad impacts on local values and culture, grasped or adopted by the local people resulting in the so-called hybrid culture. Hybrid culture is one of the emblematic notions of the present era. Invent of global media has extended people knowledge and has resulted in the exchange of cultural information and identity. Hybridizing process has helped old cultures tradition to recruit new entrants; nevertheless this cros s cultural relationship has only been successful when it is favored by both social and political incentives. Hybridity involves fusion of two or more distinct cultural formats to mix for example their styles, identities and even cross cultural contact. These are said to be the primary requirements for cultural hybridity This movement of contact and exchange of information is believed to be initiated by the evolution of media or by the movement of people through migration from one place to another. Media evolution helped this exchange of information and contact at relatively an easier way through the exchange of ideas and communication skill. This research is intended to develop an understanding of the impact of global media on local cultures in the Middle East with a specific focus on the United Arab Emirates. The Research looked at the numerous theories on the impacts and critical interpretations of the global media on local cultures. During the research, it emerged that the global ization of culture and media has relatively low effect on the local culture. Though globalized media is flourishing within UAE and Dubai specifically, however, the local values are still intact with no or relatively little change. One significant impact however, is that of the increased use of English language and low level of interest towards using mother tongue. Apart from this, the traditional tribal values, family bonds as well as day to day living of ordinary Arabs in Dubai is relatively same. This research focused upon understanding the interaction of global culture and media with that of the local culture in UAE and Dubai and found out that local culture is gradually being affected by the global media such as social media networks and satellite channels. However, flourishing of satellite TV channels like Al-Jazeera has strengthened the local culture while at the same time offering global contents and exposure to globalized media and cultures. Dubai’s culture as such ha s not changed much despite the fact that international tourism is on the rise

Caring for a Child or Young Person with Severe Illness

Caring for a Child or Young Person with Severe Illness Introduction This assignment will reflect on and critically study an incident from a clinical setting whilst using a model of reflection. This will allow me to analyse and make sense of the incident and draw conclusions relating to personal learning outcomes. The incident will be described and analysed, followed by the process of reflection using Driscolls Reflective Model (2000) as it facilitates critical thinking and in-depth reflection which will help me to accumulate learning objectives for the future. To comply with the Nursing and Midwifery Council (NMC) (2015) Code of Conduct, confidentiality will be maintained therefore the individual will be known throughout as Ben. Reflection is defined as a process of explaining and expressing from our own experiences and helps to develop and improve our skills and knowledge towards becoming professional practitioners (Jasper, 2003). I have chosen to use the Driscolls Reflective Model (2000) as a guidance as it is straightforward and encourages a clear description of the situation which will allow me to look at the experience and identify how it made me feel, asking what was good and bad, and what I can learn (Sellman and Snelling 2010). Wolverson (2000) includes this as an important process for all nurses wishing to improve their practice. What? Ben was born prematurely following an emergency caesarean section, whereby he received prolonged resuscitation and suffered severe hypoxic-ischaemic encephalopathy (HIE). According to Boxwell (2010), infants with severe encephalopathy have a 75% risk of dying with coma persisting, or progressing to brain death by 72 hours of life. There was a realisation that continuing treatment may be causing Ben harm in that it was unlikely to restore his health or relieve suffering. Boxwell (2010) further states that survivors of HIE carry an almost certain risk of poor neurological outcome. It is these times when consideration must be given to withholding and/or withdrawing treatment, subsequently re-orientating treatment to compassionate care. I was informed by my mentor that there would be a multi-disciplinary team (MDT) meeting to discuss and justify the decision to withdraw treatment. I was invited into the MDT meeting by my mentor to both witness and actively participate in the discussion if I felt confident enough. The MDT consisted of two paediatricians, a paediatric registrar, the neonatal sister, and myself, a paediatric student nurse.   The Royal College of Paediatrics and Child Health (RCPCH) (2004)   suggest that all members of the health care team need to feel part of the decision-making process in that their views should be listened to. At the time, I was hesitant to contribute due to my knowledge, understanding and experience surrounding the clinical and ethical matter. However, I was reassured that greater openness between disciplines will facilitate better understanding of individual roles and enhance the sense of responsibility (RCPCH, 2004). We considered what was legally permitted and required, but also at what was ethically appropriate. In considering quality of life (QOL)   determinations, it was important to refer back to the ethical foundation involved with surrogate decision making, which is the standard of best interest. Some professionals argued that Ben had no prior QOL on which to base a judgment. The Children Act (1989) provides an overall statutory framework for the provision of childrens welfare and services but makes no specific provision concerning withholding or withdrawing treatment (RCPCH, 2004). It does however state that the welfare of the child is paramount which is further supported by The United Nations Convention on the Rights of the Child (1989). Article 3 under this legislation states that actions affecting children must have their best interests as a primary consideration (RCPCH, 2004). The NMC (2015) framework governs the maintenance of standards of practice and professional conduct in the interests of patients, acting as a guide to ethical practice within nursing. The principle of non-maleficence is one of the hallmark principles of ethics in health care which prohibits healthcare professionals from doing any action that will result harm to the patient. Also paramount, is the goal to restore health and relieve suffering, promoting good or beneficence. In the principle of beneficence, nurses are obliged to protect, prevent harm and maintain the best interest for patients (Beauchamp Childress, 2001). Those involved needed to be conà ¯Ã‚ ¬Ã‚ dent in their ability to understand the ethical dilemmas they faced, and had to ensure they were aware of the underlying ethical principles to support their contribution to the discussion. The decision to withdraw life sustaining treatment should be made with the parents on the basis of knowledge and trust, but ultimately, the clinical team carries the responsibility for decision making, as an expression of their moral and legal duties as health care professionals. It is not uncommon for parents to feel indecisiveness, shame or guilt about the decision to palliate their neonate, particularly when the outcome of the neonates condition is uncertain (Reid et al, 2011). However, the final decision to withdraw intensive care was made with the consent from both parents, and this was clearly recorded in his clinical notes, together with a written account of the process and factors leading to the decision. So What? Parents impending the loss of their infant experience a complex emotional reaction to their situation, typically one of anticipatory grief, shock and confusion (Gardner and Dickey, 2011). They may also experience feelings of profound loss, related not only to the imminent loss of their child but also to a loss of their expectations, aspirations and role as parents (Gardner and Dickey, 2011). Parents are fundamental in the decision-making processes around neonatal palliation and as it is they who will be the most significantly affected by these decisions (Branchett and Stretton, 2012), neonatal EOL care places a particular focus on caring for parents. Developing a flexible, transparent and family-centred care plan is essential, and so that their preferences are met, parents should take a key role in this process (Williamson et al, 2008). Spence (2011) recommends that a holistic approach is taken to clarify the familys wishes, desires and needs in order to effectively advocate for infa nts. Whilst most parents wish to be involved in decisions and planning around EOL care for their baby, some may find this responsibility overwhelming (Williams et al, 2008). Despite this, we exposed the parents to a range of options which they synthesised in order to make the best decisions for their family. However, it was important for the neonatal nurse and I to realise that highly emotive situations can often cause significant deficits in parents ability to comprehend and process such information (Williams et al, 2008). As competent nurses, it is our responsibility to provide nursing care that advocates for our patients rights in life and death, showing respect and dignity towards them and the family. We advocated for Ben by protecting his rights, being attentive to his needs, ensuring comfort and protection, and by participating in the ethical discussion to ensure a collaborative perspective of ethical negotiation (Spence, 2011). The National Association of Neonatal Nurses (2015) suggests that palliative care should include comfort measures, such as kangaroo care, an ongoing assessment of pain using an appropriate pain assessment tool and written care plans to manage discomfort, pain and other distressing symptoms such as seizures using the least invasive effective route of administration. As the parents wished to be present at time of death, the neonatal nurse prepared the family for what they would observe as life-sustaining treatment was discontinued. This included informing them of gasping and other noises, colour changes, and stating that Ben may continue to breathe and have a heart rate for minutes or hours. This is an fundamental aspect of palliative care, and provides the family with the opportunity to ask questions. However, a study conducted by Ahern (2013) stated that nurses often express anxieties surrounding how to support parental grief and how to prepare them for the imminent death of their inf ant. Parental preferences were also assessed, including whom they wish present, whether they want to hold the infant, and whether they wished to participate in any rituals or memory-making activities. Although my mentor took the lead role in planning the infants EOL care, my contribution focused on memory-making activities. Although this is often nurse initiated, making memories is increasingly recognised as an aid in parental coping and grieving (Schott, Henley and Kohner, 2007). However, McGuinness, Coughlan and Power (2014) reported that rather than physical keepsakes, parents and families instead appreciated other actions and gestures that demonstrated respect for their needs, including having time alone with the infant and being encouraged and supported to provide care to their baby. I asked the parents if they would like photos to be taken, and although parents declined photography, I offered to take some to keep in the medical records in case they decided they would like them at a later date which they appreciated (Mancini et al, 2014).   Despite this, the parents were acceptant of the offer to keep items that were related to Bens care, including his wristband, blank ets and hat. Throughout planning Bens EOL care, the effectiveness of the therapeutic relationship in meeting the familys needs was achieved by showing empathy, and by doing so I obtained the individuals trust, and respect. Carl Rogers (1961) has influenced the shift from a task- to a person-centred and holistic view of nursing care, with the adoption of Rogers core conditions (Bach and Grant, 2005). Rogers identified unconditional positive regard, genuineness and empathy as necessary conditions for helping someone change effectively through a good therapeutic relationship. This was   achieved through both proficient nursing knowledge and utilising interpersonal communication skills. According to Jones (2007), there is little research in nursing literature that discusses interpersonal skills, particularly in nursing education. There is also a critique that nursing education is often removed from the realities that students experience during their clinical practice (Bach and Grant, 2005). I felt confident and assured that my interpersonal skills would bring positivity throughout a very difficult time, helping them through the grieving process. I acknowledged that both parents appreciated my forward-thinking and empathy towards the current situation. Being empathetic during this situation required my ability to be understanding not only of the parents beliefs, values and ideas but also the significance that their situation had for them and their associated feelings (Greenberg, 2007). Egan (2010) identià ¯Ã‚ ¬Ã‚ es certain non-verbal skills summarised in the acronym SOLER that can help the nurse to create the therapeutic space. I did this by sitting facing the family squarely, at a slight angle; adopting an open posture; leaning slightly forward; maintaining good eye contact, without staring and presenting a relaxed open posture. To enhance the communication through these skills, I used active-listening skills to ensure a successful interaction through techniques that facilitated the discussion. I did this by using sounds of encouragement, demonstrating that I was listening and assimilating the information provided by the parents. This was also done by summarising, paraphrasing and reflecting on the feelings and statements. Effective use of reà ¯Ã‚ ¬Ã¢â‚¬Å¡ective skills can facilitate exploration, build trust, and communicate acceptance and understanding to the individual (Balzer-Riley, 2004). Geldard and Geldard (2005) state that it is often the paralinguistic elements of speech rather than what is actually said that betray true feelings and emotions. Now What? As EOL approached, Ben was extubated on the neonatal unit and transferred to the bereavement suite whereby my mentor continued to provide one-to-one care.   I was not present throughout the final palliative care phase as I wanted to respect the familys privacy. At this point, I held emotions of helplessness, sadness and anxiety, therefore I took some time to reflect on what had happened. It is important that nurses recognise and confront their own feelings toward death so that they can assist patients and families in EOL issues (Dickinson, 2007). Nurses often experience sadness and grief when dealing with the deaths of patients, and without any support, can suffer distress (Hanna and Romana, 2007). Debriefing is a beneficial intervention designed to help nurses to explore and process their experiences. Irving and Long (2001) suggest that debriefing demonstrates a significant reduction in stress and greater use of coping strategies through discussion in a reminiscent fashion to let their feelings out. Through reflection, I have come to the realisation and understanding that patient death is an integral part of nursing practice in palliative care settings. I have recognised that support from all members of the MDT have positive implications for nursing students coping with stressors associated with patient death. Furthermore, the experience helped me learn the importance of both verbal and non-verbal communication. As an aspiring nurse, I have to continuously improve my communication skills because I shall be interacting with more varied patients in the future. I have also been able to utilise my knowledge of ethical principles in relation to withdrawing treatment, thereby integrating theory into practice. Conclusion To conclude, the care that patients receive has the direct potential to improve through reflective practice. Becoming a reflective practitioner will help me to focus upon knowledge, skill and behaviours that I will need to develop for effective clinical practice. Reflection helps to make sense of complicated and difficult situations, a medium to learn from experiences and therefore improve performance and patient care. Reference List Ahern, K. (2013) What neonatal intensive care nurses need to know about neonatal palliative care. Advanced Journal of Neonatal Care. 13(2), pp. 108-14 Bach, S. and Grant, A. (2005) Communication and Interpersonal Skills for Nurses. Exeter: Learning Matters Balzer-Riley, J. (2004) Communication in Nursing. Mosby, MO: Mosby/Elsevier. Boxwell, G. (2010) Neonatal Intensive Care Nursing. 2nd Edition. New York: Routledge Branchett, K. and Stretton, J. (2012), Neonatal palliative and end of life care: What parents want from professionals, Journal of Neonatal Nursing. 18(2), pp. 40-44. Dickenson, G. E. (2007). End of life and palliative care issues in medical and nursing schools. Death Studies, 31, pp. 713-726. Driscoll, J. (2000) Practising Clinical Supervision. London: Balliere Tindall Egan, G. (2010) The Skilled Helper: A problem management and opportunity development approah to helping.9th edition. Pacific Grove, CA: Brooks/Cole. Geldard, D. and Geldard, K. (2005) Practical Counselling Skills: An Integrative Approach. Basingstoke: Palgrave Macmillan Greenberg, L.S. (2002) Emotion-focused therapy: Coaching clients to work through feelings Washington, D.C: American Psychological Association Hanna, D.R. and Romana, M. (2007). Debriefing after a crisis. Nursing Management. 8, pp. 39-47. Irving, P. and Long, A. (2001). Critical incident stress debriefing following traumatic life experiences. Journal of Psychiatric and Mental Health Nursing. 8, pp. 307-314. Jasper M (2003). Beginning reflective practice. Cheltenham: Nelson Thornes Mancini, A., Uthaya, S., Beardsley, C., Wood, D. and Modi, N (2014) Practical guidance for the management of palliative care on neonatal unit. London: Royal College of Paediatrics and Child Health McGuniess, D., Coughlan, B. and Power, S. (2014) Empty arms: supporting bereaved mothers during the immediate postnatal period. British Journal of Midwifery. 22(4), pp. 146-52. National Association of Neonatal Nurses (2015) Palliative and End-of-life Care for Newborns and Infants. Chicago: National Association of Neonatal Nurses Nursing and Midwifery Council (NMC) (2015). The Code: professional standards of practice and behaviour for nurses and midwives. London: NMC Reid, S., Bredemeyer, S., van den Berg, C., Cresp, T., Martin, T., Miara, N., Coombs, S., Heaton, M., Pussell, K., and Wooderson, S. (2011) Palliative care in the neonatal nursery. Neonatal, Paediatric Child Health Nursing. 14(2), pp. 2-8 Royal College of Paediatrics and Child Health (2004) Withholding or Withdrawing Life Sustaining Treatment in Children: A Framework for Practice. London: Royal College of Paediatrics and Child Health Schott, J., Henley, A. and Kohner, N. (2007) Pregnancy loss and the death of a baby: guidelines for professionals. 3rd Edition. London: SANDS Sellman, D. and Snelling, P.C. (2010) Becoming a nurse: A textbook for professional practice. Harlow: Pearson Education Spence, K. (2011) Ethical advocacy based on caring: A model for neonatal and paediatric nurses. Journal of Paediatrics and Child Health. 47, pp. 642-645 Williams, C., Munson, D., Zupancic, J. and Kirpalani, H. (2008) Supporting bereaved parents: Practical steps in providing compassionate perinatal and neonatal end-of-life care. Seminars in Fetal and Neonatal Medicine. 13(5), pp. 335-340. Wolverson, M. (2000). On reflection. Professional Practice. 3(2), pp. 31-34

Project Controls Essay

I have developed a proposal that would create a secure system within our organization. Below is the outline that should help prevent disaster recovery or in the case, backup our disaster recovery procedures. Duration Critical Task Sequencing The project will detail an array of critical task sequences including: * Pre-project Envisioning – Evaluation of HR database and corporate objectives, formulation of cost/benefit analysis, establishment of project scope and major milestones, securing of executive sponsorship and buy-in * Planning Structure – Project assembly, computing and testing environments, preliminary design, system array, and maintenance orientation * System deployment – Deployment of hardware and software systems, pilot test evaluations * Post-Implementation Review – Backup/restore maintenance, performance monitoring, system re-forecasting, establishment of ongoing infrastructure team Variance Baseline Achieving the desired outcome for the HR Resource Deployment will require a stringent and concentrated focus on maintaining adherence to the project timeline. Throughout this timeline, variance data will be closely observed and documented. Capturing variance data is an adamant goal for the project managers. Variance data will help to expose possible weaknesses of the planning process, and serve as priceless information for future endeavors. The means of collecting variance data will be comprised of the following: Delegation of variance targets. Prior to the project start, prime areas of variance will be decided upon for tracking. These areas will be closely monitored and documented. Targeted variances will form the baseline of the project, and will consist of measurements of quality, project milestones achieved, performance metrics,  and budget adherence. The success versus failure Planned versus actual. Variance data will be looked at according to what is planned as opposed to what the actual outcome will be. This will largely be focused on the proposed scheduling timeline and project cost expectancies. As the project advances, variance data will be tracked according to what deviates from the planned objectives. This data will be captured in real time in order to provide insight for future milestone proceedings. Estimates versus planned. This variance metric will focus on what was estimated for project details, such as schedule and cost, prior to the approved project plan. Such data will assist in greater accuracy of project planning, and will help to eliminate the guessing game. These variance metrics will be acquired through the collaboration between all stakeholders and resources. Maintaining high quality controls is a process that includes a lot of planning but when well maintains it builds the trust in the customers and eventually helps both organization businesses. As an organization maintains a high quality control one must know that there is also other aspects which is where being innovative and keeping a reasonable price adds to the equation. As many new customers are acquired a lot of the times this might be a direct result of on customer recommending another new customer. When this statement is true the new customer expects the same treatment and if not better. Therefore, one must stay innovative and open to new ideas and changes in order to fulfill the new customers’ needs. On-Going Evaluation and Status of Project There will be a definitive checklist for who will be responsible for the development and submission of projects reports. Evaluations will be performed on an as-we-go basis as to attempt to not miss anything important along the way. If there is anything that will be confidential or require a security clearance, these things will be handled by either the Project Manager or a member of management. Any projects that require the participation of stakeholders will be documented for future use and testing. All ongoing reports will also be given to all principal stakeholders along  the way. As each goal or milestone is met, it will be tested and retested for consistency to make sure what was done will stand the test of time (until the next project or upgrade). Method Used The Method that is used for determining whether the project has met its objectives is a survey. The survey can be done to figure if everything has been a success. Riordan employees will fill a survey out to give feedback on, if they are satisfied with the projects performance or not. Surveys can only provide estimates for the population, but cannot be a true measurements. You can measure surveys by the consistency of responses to questions about the project over a long amount of time period. REFERENCE Microsoft Office. Retrieved from http://office.microsoft.com/en-us/project-help/leading-practices-for-applying-variance-data-to-future-projects-HA010174487.aspx

Journal of my close friend

My Close Friend Who is that? Is that your best friend? I am sure everyone had been asked by those questions in their life. So do l. So, what it is close friend? Close friend is someone who always cheers you up in no matter what happened either in happiness or sadness. Hangout, gossiping, playing, studying, shopping, laughing, crying, and so on, all you do is together with them, your best friends. In my life, I do have a close friend. She is my sunshine. She also is my rainbow after heavy rain had passed. I laughed with her. I cried with her.She never left me, so do l. We are a best friend. Forever, I will cherish our friendship. I still remember how I met her in our first meeting. On the first day of my high school, I went to school early. When I stepped in my class, I saw someone was sleeping in the corner of my class. I got a little shocked when looking at her. For sure because I do think she might be a ghost or someone who are homeless. But somehow, I told myself to be brave, so I came near to her then I realize, she also a student, same as me. I woke her up and she is awake.She looked at me innocently with her puffy eyes. Suddenly she cried hard in front of me. I was so anxious with that unexpected scene. Did I hurt her when I woke her up? When I asked her, she told me everything. Nothing less but it was about her heartbreaking. I Just listen to her and comfort her. Although it was a little awkward since that was the first time I met her, still, I feel comfortable with her. The feeling want to be her friend were strongly linger in myself. After that, we always keep in touch and end up as a best friend. Sharing all story together.When I was in trouble, she is ready for me and I had never leave by her side when she needs me. Where is she, there is always me by her side. That is why everyone called us a twin. She is a thin girl with a sweet smile. She is so cool most of time but when something had troubled her, I easily recognized it. All of her feeling is sho wn at her beautiful face without barriers. That is why I as her only best friend will always cheer her up. I love to see her smile and her sorrow are my first thing I must vanish away. I love her, my only best friend, Siti Najihah†¦

Time and Token essays

Time and Token essays During Chapter Five of The Great Gatsby, time and money are major underlying concepts, although at times they can be inconsistent with previous details of the story. There is a presence of inconsistency with Gatsbys time and money, during his visit to Nicks house he states that he earned money to buy his house in three years, but before he had told Nick that he had inherited all of his riches. Another discrepancy involves Gatsbys shy, nervous manner in the beginning of the scene, while the scene ends with him being overwhelmed with happiness. Gatsbys time and money are the two topics in this chapter that are mentioned very frequently and are most likely large factors in the conclusion of the novel. When Jay Gatsby visits Nicks house to meet Daisy, he is trying to create a perfect impression upon Daisy, even asking for Nicks lawn to be cut as well as his own before the tea party. Gatsby wears a gold-colored tie with a silver shirt in a white flannel suit, obviously attempting to lure Daisy into a relationship using his wealth. While he is guiding Nick and Daisy around his house, he manages to show Daisy all of his costly foreign shirts and piling them on the floor as if they were worthless to him. Daisys upset and attachment to his clothes may hint that she is willing to have a relationship with Gatsby. When Daisy arrives at Nicks house, Gatsby is impatient, nervous, and incredibly pale in color before seeing his lost love whom he hasnt seen for almost five years. At the end of the chapter, Gatsby is unbelievably happy knowing that after five years he has finally come to confront Daisy and show his love for her. ...

Consider whether the different tests for certainty of objects applicable to fixed trusts and discretionary trusts are appropriate Essays

Consider whether the different tests for certainty of objects applicable to fixed trusts and discretionary trusts are appropriate Essays Consider whether the different tests for certainty of objects applicable to fixed trusts and discretionary trusts are appropriate Essay Consider whether the different tests for certainty of objects applicable to fixed trusts and discretionary trusts are appropriate Essay Essay Topic: Law The Certainty of object form one of the three requirements which must be satisfied to validate a trust. The fundamental principle is that to properly enforce a trust it must have cestque tui trust and it must be possible to establish who the beneficiaries are1. These apply to both fixed and discretionary trusts, which convey the expressed wish of a testator. In effect it is incumbent on the settlor to enable some means of ascertaining the intended beneficiary; and appropriate tests for objects would be needed to ensure the trust is properly enforced. Traditionally a general rule applied to all trusts; the trustee has a duty to administer the trust according to the trust instrument and so would need to know exactly how many beneficiaries there are, thus must draw up a fixed list2. Under a fixed trust the testator would express the beneficiary to whom the trust was intended and therefore the object is often clear. However where the beneficiaries are of a wide class conceptual uncertainties commonly arise and it would therefore require interpretation. Such a situation arose in Broadway3 the trust was void for uncertainty as the whole range of objects could not be ascertained. It is generally accepted that the terms in a fixed trust are precise enough to comprise a complete list test. However where the testator aims to give to the benefit of a large number of people a discretionary trust is most useful. This is because no individual potential beneficiary has an interest on the fund until the trustees discretion is exercise. More recently, the complete list has proved especially problematic for the increasingly popular large corporate trusts, which tends to distribute amongst a very wide class- (by applying Broadway), these would frequently fail for uncertainty. 4 One the one hand, because the court is obliged to enforce the trust5, the use of a complete list test is essential to manage a trust. When applied to fixed trusts, it reflects the testators determination to ensure the trust is executed exactly as he intended. Thus if the executor was uncertain, the income would belong to the settlor on resulting trust. In such circumstances it seems plausible that whilst reforms in McPhail6 only changed the law in relation to discretionary trusts, Broadway continues to regulate fixed trust. Mcphail 7drew upon similarities between powers and discretionary trusts which Broadway overlooked. Firstly although trustees for discretionary trusts have an imperative duty to execute the fund, like a power, they are given the choice of how this should be done and so proposed to assimilate the validity test for trusts with that which applies to powers. Overall a complete list was deemed too rigid and instead ReGulbekian8 should also apply to discretionary trusts. Whilst it was the ideal test for mere powers, its application to discretionary trust would prove objectionable. 9 In addition to the need for conceptual certainty, there was also need for sufficient practical certainty in its definition to be carried out. Therefore even if a class is conceptually certain it could still be invalid if administratively unworkable. However to uphold the principle in Broadway would be to order an equal distribution in which every beneficiary share. This would probably defeat the settlors intention; as equal division among all may produce a result beneficial to none. 10 Overall it considered whether the is or is not test was a semantic or evidential one; a question which, if unresolved, could lead to an irrational development of law. The issue was addressed in ReBaden, however there were three distinct reasoning; At one end of the spectrum Stamp LJ, imposed the most rigorous test, question whether he is, or is not, a member of a conceptually certain class. However whilst accepting that it would be impossible to devise a complete list, he emphasised a need to obtain the widest possible range of objects. In practice, the difference between this test, and the `complete list test, is very slight. Therefore while it seems keenest to consider the maximum number of beneficiaries, the approach makes it most vulnerable to failing of conceptual uncertainty. Megaw LJ took an almost opposing view, which was also the softest approach. Identifying a substantial number of people, within the terms set out by the settlor. Whilst it classifies when a trust would be valid, it does not guide the trustee on how to measure uncertainty in the boundaries of the class. This inability to distinguish between conceptual certainty and evidential certainty therefore makes it impractical. Sach LJ was a middle ground approach. 11 The trust would succeed if it would be possible to determine in theory whether any given person was inside or outside of the class. Where objects are less like a class and appear rather as applicants to a fund for which they might qualify for a distribution, (whether they actually receive funds lies at the discretion of the trustee whose only obligation is to distribute), therefore the trustee could justify their act based on a solid test of whether or not any individual distribution is legitimate. 12 The Courts generally adopt the Sach approach, largely because it is least likely to fail for administrative unworkability13. It only imposed the need for conceptually certainty, thus evidential difficulties would not affect the validity of a trust. However problems with administering the trust itself could still exist for instance where the words in the trust are clear, but the ambit is so wide that the costs of ascertaining the members would outweigh the value of fund. However precedent suggests this is unlikely. 14Another problem is that he focused on the similarities between a trust and a power, without addressing the differences. Clearly the duty under a trust is more onerous and the consequences for negligence are higher than for a power who can act free from regulation. However on a positive note the is or is not test, does not oblige trustees to consider all the potential candidates, so it may be easier to prove that their actions were for the benefits of the trust. Whilst Sachs approach may enable the trustee to provide a theoretical justification, it does not ascertain every object. Certainty of objects also apply to testamentary gifts subject to condition precedent. Ambiguity as to whom the testator intended to benefit, would give rise to the same problems which affect trusts. In Re Barlow, the question arose as to the meaning of friends of mine and the courts contemplated which test should apply. Although bearing similarities to Megaw, the final ruling did not fully adopted any of the approaches in Re Baden, inevitably it is questionable whether the is or is not is appropriate. Despite the difficulties in applying suitable tests the courts is clearly more inclined to give effect to a trust than to invalidate one. This was demonstrated in the lack of unanimity in ReTuck which deferred the Chief Rabbi to provide definition of Jewish women should difficulties arise, although there was no consensus in the judges the trust was still held valid.