Wednesday, November 27, 2019
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
Sunday, November 24, 2019
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 ââ¬ËRoskill Commissionââ¬â¢ 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 ââ¬ËBoris Islandââ¬â¢ 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 à £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 Commissionââ¬â¢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 ââ¬Ëover-optimismââ¬â¢ 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 Londonââ¬â¢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 ââ¬Ëstackingââ¬â¢ especially at Heathrow (Europeââ¬â¢s busiest airport), which is expensive in fuel costs and time and has adverse environmental impact. They also propose ââ¬Ësmoothingââ¬â¢ 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 ââ¬Ëmixed-modeââ¬â¢ 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. Gatwickââ¬â¢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 Heathrowââ¬â¢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 UKââ¬â¢s competitiveness (Mayor of London, 2013). Supporters of Heathrowââ¬â¢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 ââ¬ËBoris Islandââ¬â¢ 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 Commissionââ¬â¢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 ââ¬â with no more stacking. 17th December, 2013
Thursday, November 21, 2019
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 shipââ¬â¢s master. Consequently 40 crates of medical equipments, valued at around à £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 ââ¬Å"Charter Partiesâ⬠. The term Charter Party is derived from the Latin word ââ¬Å"Carta Partittaâ⬠which means ââ¬Å"divided charterâ⬠. As per the classification the charter party is divided into three types which are ââ¬Å"Demise charterâ⬠, secondly, ââ¬Å"Time charterâ⬠and finally ââ¬Å"Voyage charter.â⬠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
Wednesday, November 20, 2019
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
Sunday, November 17, 2019
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. Dubaiââ¬â¢s culture as such ha s not changed much despite the fact that international tourism is on the rise
Friday, November 15, 2019
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.Ãâà The Royal College of Paediatrics and Child Health (RCPCH) (2004)Ãâà 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)Ãâà 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).Ãâà 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 wasÃâà 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.Ãâà 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
Tuesday, November 12, 2019
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 ââ¬â 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 ââ¬â Project assembly, computing and testing environments, preliminary design, system array, and maintenance orientation * System deployment ââ¬â Deployment of hardware and software systems, pilot test evaluations * Post-Implementation Review ââ¬â 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,à 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 customersââ¬â¢ 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 alongà 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
Sunday, November 10, 2019
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 Najihahâ⬠¦
Friday, November 8, 2019
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. ...
Wednesday, November 6, 2019
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.
Sunday, November 3, 2019
Why did Scott J suggest that search orders had a draconian and Essay
Why did Scott J suggest that search orders had a draconian and essentially unfair nature Columbia Picture Industries Inc - Essay Example The order was executed at the same time with the police search warrant. The court rules unanimously that the action was not a to contravention human rights laws. However, Scott argues that search orders represent a ââ¬Å"draconian and essentially unfair natureâ⬠. The doctrine of Anton Piller is one of the most controversial of laws regarding underlying search and entry. Of particular interests is to understand the premises that inform Scottââ¬â¢s stand. Unraveling the ââ¬Å"draconian and essentially unfair natureâ⬠of the Search order In labeling the search order as ââ¬Å"draconian and essentially unfair natureâ⬠, one would not miss the point in inferring that Scott felt the orders were far from being justified. Thus, in seeking the premise in which Scottââ¬â¢s stand rests, the question of how unjustified the order was is imperative. Indeed, such a question leads to various sound arguments against the search orders. In particular, it can be inferred that searc h orders, in all their forms, are generally draconian owing to their nature of lacking adherence to the laws and statutes that protect human rights. Additionally, the Piller principle and other associated principles, such as ex parte, also go against the laws of equitable remedies.... As such, the court may make utilize injunctions, which creates that allowance for inspection of property and conducting searches. Another term is interim injunction. An interim injunction is an order from the court prohibiting a person in a civil suit from doing or compelling to do something and this is in order to maintain the status quo. Indeed, the premises for the ruling may be considered as those consistent with those in the Anton Piller KG v. Manufacturing Processes Ltd3, wherein it was upheld that the court has the powers to injunct a person from meddling with what is deemed evidence in order to maintain the status quo prior to the issue going to trial. It cannot be disputed that the goals of the provisions are well set. However, they can barely dispel one crucial questionà --- what is then the place of fundamental human rights? Whereas it could be inferred that the court decision was began as a noble means of ensuring justice through interim injunctions, it mutated to beco me a tool for the abuse of human rights due to most of the order being issued ex parte4. An order issued ex parte is a breach to the stipulations that underlie the bill of rights. Here, Anton Piller law is deemed to be one of the most Draconian of laws since it creates the allowance to acknowledge that the right to privacy, one of the fundamental rights, was breached. The debate on the human rights aspect of the law is however two fold since its contravention of one seems to promote the observance of the other. Article eight of the human rights convention asserts that everyone has the right to respect to his private and family life5. As clearly set in Chapter 8 of the convention, every person is entitled to
Friday, November 1, 2019
Does money motivate people Essay Example | Topics and Well Written Essays - 2500 words
Does money motivate people - Essay Example The question if money matters has been posed by many people. Many reputable scientists have argued that it actually depends on which society one is referring to. In other words, which historical period one is talking about. They refer to how people used to live some time ago. During the Stone Age period, there was no money. People used to exchange goods as a means of trade. This means that workers were paid by being given goods, such as food, jewelry and pieces of cloth to wear. They, thus, argue that there was no money and yet workers were motivated. Money is, thus, not considered a motivator by scientists, because even presently such agreements do exist. In some cases, they have referred to the African traditional way of paying bride price. Dowry is paid in form of domestic animals and not money (Blass, 2009). Wealth can be measured in many ways and the amount of money one has is one them. Every person does his best to gain wealth, but people perceive wealth differently. Some peopl e regard material wealth more highly than money. These are the people who might not consider money as a motivator. Just like the traditional African society, some people in the modern would still prefer material wealth as a motivator rather than money. There are cases where employers have bought houses and vehicles for their employees as a means of appreciating their good work. The employees have ended up working even harder, because they have been motivated by goods. In other different cases motivation can be something much different from money. When a student is praised for doing well, thatââ¬â¢s enough motivation and can make him to perform even better. Thus, money can be a motivator to some people , but not everyone. Does Money Motivate? Employers pay their employees money as a major means of motivation. This is the most common means compared to others and reminds one about Shaw and Gruptas article. It stated with the idea that everybody wanted money was just propaganda. It w ent on to say that it was circulated by wealth addicts who wanted to feel better about themselves. Other means used in organization to motivate employees include praises, promotions and giving employeeââ¬â¢s gifts and presents. In the present world, people need money to carry their day to day activities (Collins and Moore, 1970). It is for this reason that Trade Unions are fighting tirelessly for workers to be paid a good salary. They fight for pay rise and good working conditions. Few organizations provide their employees with food at their work places. It is for this reason that employees must be paid well, so that they could buy food, because they cannot work on an empty stomach. The employees may also have other dependants, like families and friends. This implies that even if they are given enough food at work, it is not convincing for them not to be paid. Money is also used by employees to meet other basic needs that they may have. They need clothing to wear. Studies show th at employees spend a large amount of their income to buy clothing in order to look smart. Other firms provide uniforms to their employees which they wear during working hours. Generally, they are supposed to be presentable in their places of work, thus, they need money to buy clothing. Shelter is another basic need that employees should have. They should, therefore, be paid money that will enable them
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