Sunday, January 26, 2020

Socioeconomic Determinants Of Health

Socioeconomic Determinants Of Health 1.1 Explain the effects of socioeconomic influences on health Recent evidence suggests that the health of the population in the United Kingdom continues to improve. However, despite this many people will experience an inequality in terms of their health and the chance of living in good health is unequally distributed within society (House of Common Health Committee 2009). Socio-economic status is one of the most important determinants of health and the link between this and health is widely accepted (NPHS 2004). Differences in health by social class was examined by the Black Report (1980), which investigated the problem of health inequalities in the UK and found that people of lower economic status were far more likely to experience ill-health and premature death than those of higher socio-economic status. The report concluded that despite the improvement in the overall health of the population, the improvement had not been equal across the social classes and that the health gap between lower and higher social classes was widening. This was supported by the Health Divide (1987) and the Acheson Report (1998), which mirrored the findings of the Black Report. Report findings suggested there was a direct correlation between socio-economic class and health and the likelihood of developing health problems such as coronary heart disease, strokes, lung cancer and respiratory diseases was far higher in the lower social classes. The aim of this essay is to discuss the unequal distribution of health within society; this will be achieved through the examination of the incidence of coronary heart disease within a lower socio-economic group. This subject has been chosen because it is of particular relevance within some of the most deprived areas of Wales and accounts for a large proportion of deaths. A further aim of the essay will be to identify and discuss the factors that influence health across a persons lifespan. Psycho-social influences on health will be discussed along with the direct and indirect influence they have on the health of a person. An analysis of pertinent social policy will be provided together with the relevant public health policies that have been developed to tackle the problem of health inequalities. Finally the role of the nurse and the multi-disciplinary team in improving health inequalities will be considered. In order to achieve these aims it is important to fully understand what is m eant by health and the term health inequality. The Biomedical model defines health as the absence of disease and focuses on the eradication of disease and illness through diagnosis and effective treatment. The state of health is determined by assessing whether or not a disease is present and is driven by the belief that cures for diseases need to be found in order for people to be considered healthy (Bury 2005). Despite often being considered to present a negative view of health it is the most prevalent model used in Western society. When people are feeling unwell it is the medical professions opinion that is sought and the primary concern of the is the treatment of disease and prevention of illness. Symptoms of illness are considered to have an underlying pathology in this model and this pathology can, although not always successfully be treated or restored thus leading to re-instated health (Morrison and Bennet 2009). However this model fails to recognise other factors that influence health. In contrast the social model of health defines health and illness from an individuals perspective and their functioning in society. Rather than merely considering biological or physiological changes, it regards disease as being a result of the interaction of biological, psychological and social conditions (Brannon and Feist 2007). It emphasises that changes can be made in both the individuals lifestyle and in wider society in order to improve health. In comparison with the World Health Organisations definition, health should not be viewed merely in terms of the presence or absence of disease but consideration must be given to the overall state of a persons physical, social and mental well-being (WHO 1948). The social model of health considers other important influences that impact on the individuals health and recognises that health does not only result from biological and genetic processes but that it is a state of positive well-being influenced by the wider social and economic cond itions in which we live (Farrell et al 2008). Consideration of other factors that influence and determine health allows for a better understanding of why some people have better health than others. It also provides a broader understanding of the determinants of health, which in turn allows for identification of the factors which influence health either in individuals or within particular groups in society and goes some way to explaining why inequalities in health persist. Health inequality was highlighted by the publication of the Black Report in 1980, showing that there was a direct correlation between socioeconomic status and health (Bartley 2004). It refers to the unequal distribution of health between social groups that is distinguished by the unequal structures of which the group is a part (Graham 2007). Health inequalities are random, perceived to be unfair and rather than being a result of biological processes are socially produced (Whithead and Dalgren 2006), generated by the social conditions in which people live (Farrell et al 2008) and refers to the systematic differences in the health of groups that occupy unequal positions in society (Graham 2007) and refer to a particular type of difference in health whereby disadvantaged groups experience worse health and greater risks to their health than less disadvantaged groups (Braveman 2006). Health inequalities are avoidable but are determined by the political, social and economic influences on the conditions in which people live, grow and work (CSDH 2008). They are a result of a wide range of complex influences and those people who are the most socio-economically deprived are the most likely to suffer ill health in all stages of life and premature death (Townsend Davidson 1988). An example of this can be seen in the incidence of coronary heart disease and the contributing factors which influence this disease particularly amongst those within the population who are the most socioeconomically deprived. Coronary heart disease (CHD) is a disease of the blood vessels supplying the heart. Coronary arteries become narrowed or blocked with deposits of fatty materials or cholesterol (atheroma), thus reducing the blood supply to the heart. This deprives the heart of oxygen, causes angina, arrhythmia and can lead to coronary thrombosis, heart failure, myocardial infarction and/or sudden death (National Assembly for Wales 2001). Despite it being a largely preventable illness and leading cause of death in the UK, it still accounts for over 6000 deaths per year in Wales (NPHS 2006). Although the incidence has been falling over the past few decades, figures show that Wales still has a higher incidence of the disease than England and that in areas of high deprivation such as the South Wales valleys the incidence of CHD is at least a third higher than in more affluent areas (Cardiac Disease NSF for Wales 2009). Mortality rates for CHD show that Wales has a higher rate than the UK average and that areas within Wales with the highest rates are mainly in the South Wales valleys, with Blaenau Gwent and Merthyr Tydfil having rates significantly higher than the national average (NPHS 2006). Some of this may be linked to access to services, in particular angiograph and revascularisation. While the hospital admission rates for coronary heart disease is higher than the national average in areas of low socioeconomic status such as Blaenau Gwent and Merthyr Tydfil, admissions for angiography and revascularisation is lower among these areas (NPHS 2006). There are many factors that contribute to the incidence of CHD, some of which cannot be changed such as increasing age and genetic disposition. However many social influences such as tobacco use, diet, physical activity, high cholesterol, high blood pressure, use of alcohol and drugs, and stress which contribute to the disease can be modified. Incidence of CHD can also be linked to poverty, low educational status and poor mental health (depression) (WHO 2006b). Exposure to unequal health risks begins before conception and continues through all development stages through to adulthood and leaves the individual vulnerable to a range of disease that includes CHD. (Graham 2004). Environmental conditions such as work environment, income and housing in adulthood contribute to health inequalities and have as much of an impact in determining future health and premature death childhood disadvantage (Kuh et al 2003). Increased behavioural risks in adulthood contribute to CHD and as the incidenc e increases in the lower socioeconomic groups so do the associated risk factors. Those living in deprived areas are far more likely to smoke, eat a poor diet and take part in less than the recommended amount of physical exercise. These behaviours also increase the risk of high blood pressure, high cholesterol and stress, which are associated with the development of CHD (NPHS 2004) Tobacco use is a contributory factor in the development of CHD and the prevalence of smoking among the lowest socioeconomic groups in the UK is approximately 45% of men and 33% of women in the highest social class being smokers compared to 15% and 14% respectively in the lowest social class (Richardson and Crosier). In Wales is estimated that 17% of deaths from heart disease can be attributed to smoking (Cardiac Disease NSF for Wales 2009). Whilst the prevalence of smoking continues to decrease it is still a major problem, the 2008-09 Welsh Health Survey showed that 25% of men and 23% of women were smokers. However in areas with low socio economic status and high deprivation such as Blaenau Gwent and Merthyr Tydfil the number of people who smoked was higher with the percentage of smokers being 30% and 31% respectively (Welsh Health Survey 2007-08). Another contributory factor in the development of CHD is nutrition; diet plays an important role in the development of heart disease with the consumption of fat being linked to coronary heart disease and high salt intake being linked to high blood pressure which is a contributory factor to CHD. While eating 5 or more portions of fruit and vegetables a day can reduce the risk. Despite this intake of fats and salt is higher in Wales than is recommended (Cardiac Disease National Service Framework) and the number of people who consume the recommended amount of fruit and vegetables is only 36%. As with tobacco use these figures decreases in areas of low economic status; with 30% in Merthyr Tydfil and only 28% in Blaenau Gwent consuming the recommended daily amounts. (Welsh Health Survey 2007-08). As well as having a high intake of fats and salt people in low socio-economic groups are also far more likely to consume a diet with poor nutritional value which can result in individuals becoming overweight or obese. The highest proportions of people who are overweight or obese are again in areas of low socioeconomic status. As with other risk factors areas such as Blaenau Gwent and Merthyr Tydfil the number of people who are overweight living in these areas is above the national average for Wales (NPHS 2006). While the national average was reported as being 54.1% in 2006 (NPHS2006), the more recent Welsh Health Survey 2007-08 shows that this figure has increased to 57%, with Blaenau Gwent and Merthyr Tydfil being above the average with it being reported that 64% and 59% respectively being overweight or obese in these areas. Physical activity can contribute to an improvement in physical and psychological quality of life, whereas physical inactivity is a risk factor associated with coronary heart disease and high blood pressure (DoH 1993). The recommended guideline for exercise is 30 minutes of moderate intensity 5 days per week, however only 29% of the Welsh population reported that they achieved this. In areas of low socioeconomic status Blaenau Gwent and Torfaen reported lower than average figures, however Merthyr Tydfil was above the Welsh average. Physical inactivity in the female population is lower than that of males and this trend appears at an early age (NPHS 2006). Other factors such as high blood pressure, high levels of cholesterol, use of alcohol and drugs and stress all contribute to CHD and can be a result of factors such as poor diet, smoking and reduced levels of physical activity. While some individuals may be genetically predisposed to developing CHD for others personal will have a direct bearing on their future health. Individual personality and how much control they feel they have over their own health influence the choices made. Those people who belief they control outcomes (internal locus of control) are far more likely to be able to modify their behaviour to improve future health. Whereas those who beliefs health outcomes are firmly controlled by powerful others (external locus of control) are more likely to continue risk taking behaviour (Lefcourt 1982). Nurses can make an invaluable contribution to the reduction of health inequalities through their ability to work with the public to influence behaviour change within the scope of health promotion work. Health promotion allows the nurse opportunity to target vulnerable populations, to promote health in a positive way, to give clients the health information that allows them to make informed decisions about their health and prevention of illness, enhancing the individuals ability to play a key role in their own health (Webster and Finch 2002 in Scriven 2005).and is an area in which the nurse or healthcare professional plays a key role (WHO 1989). Health promotion work although being a key role for nurses does not lie solely within the domain of health and to achieve the ultimate aim of tackling inequalities there needs to be partnership work with a range of healthcare professionals such as health visitors and dieticians as well as other professionals working in related fields such as sm oking cessation. In order for it to be completely successful a multi-disciplinary approach is advocated with the need to tackle other health determinants simultaneously being paramount (RCN 2007). Health inequalities are often a consequence of lifestyle choices and behaviours, with development of illness and disease is the result of many factors. In order to make changes to the most socioeconomically deprived people in society, work needs to be focused on behaviour change and lifestyle choices (Welsh Assembly Government 2002). Publication of reports such as the Black Report, Health Divide and Acheson Report highlighted the severity of the problems facing the health of society and it is from here that government interventions and public health policies are produced. Publication of the Black Report highlighted the inequalities in health that were present in UK society. The report concluded that health was directly linked to social class and the chance of living a healthy life decreased in lower social classes. It showed that while the health service could play a part in reducing health inequalities measures to reduce socioeconomic differences in income, environment, poor housing, low education standards and unemployment should have a greater importance. It contained 37 recommendations concerned with improving the life of the poorest members of society, particularly children and those with disabilities (Acheson 1998). Recommendations focused on two main areas. It proposed the government should adopt a policy aimed at reducing child poverty in the UK and more money should be spent on health education and the prevention of illness (Townsend Davidson1988). However government at the time criticised the report, arguing that it did not explain health i nequalities and that increased expenditure on the health service would not make a difference to standards of health. Despite this the report was influential in public health debates and research and influenced the decision by the WHOs European region to agree a common health strategy in 1985 (Acheson 1998). Further reports in 1987 (The Health Divide) and 1998 (Acheson report) drew similar conclusions as the Black Report. The Health Divide argued that socio economic circumstances where a major factor in health inequalities and subsequent health and that the gap between health standards and social class had increased since the publication of the Black Report (Whitehead 1987). The 1997 new Labour government set up an inquiry into health inequalities, signalling that the alleviation of inequalities in health was of primary importance. (Marmot 2004).The result of this inquiry was the publication of the Acheson Report, which found that inequalities in health persisted and mirrored the findings of both the Black report and the Health Divide. It concluded that in order to improve health the gap between rich and poor must be reduced and that health inequalities begin before birth. It recommended that high priority should be given to policies aimed at improving health and reducing inequalities in health particularly in respect of children, women of child bearing age and expectant mothers and health policies that have a direct or indirect effect of health should be evaluated. Additionally the report made 37 further recommendations directed across all governmental departments and called for development of policies that sought to reduce inequalities in health (Acheson 1998). In the context of Wales, the Welsh Assembly Government has publicised a number of policies and documents seeking to address the issues of health inequalities. In 1998 Better Health; Better Wales highlighted and described health inequalities which exist in Wales and in 2001 it set out its long term plan to improve the nations health. Improving Health for Wales: a Plan for the NHS with its Partners (2001) set the scene for the NHS over a ten year period. Its main objectives were to make further improvements in health maintenance, provide a significant contribution to health improvements in the populations health and to tackle health inequalities. The Well-being in Wales consultation document in 2002 emphasised that health was the responsibility of everyone not only of the government. This idea of a shared responsibility was reinforced in the 2003 Review of Health and Social Care in Wales, which showed long-term demand for health and social care was unsustainable and there needed to be a greater emphasis on the prevention of ill health and individuals should be held responsible for their own health. This led to the development of Health Challenge Wales, which signposts members of the public to information and activities to improve their own health. In 2005 publication of Designed for Life, a 10 year commitment of creating world class health and social care in Wales built on the work which had been undertaken in 2001. One Wales (2007) upholds the Assembly Governments commitment to improving health and well-being in particular the poorest, most vulnerable members of society. The status of the health of the population varies considerably and the correlation between socioeconomic status and health has been proven in various reports. Health problems such as CHD that are more prevalent in low socioeconomic groups are further exacerbated by associated risk factors that are more prevalent in these groups. Various reports have highlighted these inequalities and concluded that despite being avoidable, inequalities in health exist and are a result of political, social and economic influences. The Welsh Assembly Government in its strategies has recognised the unsustainability of long term health and social care and that there is a need for individuals to take responsibility for their own health. Health promotion work undertaken by nurses is a key role in promoting health and providing the public with information that allows them to make positive lifestyle choices and change behaviour to improve future health. While this is an important area, health inequalities wi ll not be eradicated within the domain of health; it is vitally important that all government departments develop policies that aim to tackle the risk factors.

Saturday, January 18, 2020

Compare-and-Contrast Research Paper Essay

Introduction Present essay seeks to provide the comparative analysis of two artworks – Hoffmann’s Boston Twilight, 1957, belonging to Proto-Abstract Expressionism and Rauschenberg’s Retroactive 1, 1964, which may be attributed to the art movement of Pop-Art. The comparative analysis of these paintings will focus on two crucial aspects – structural and positive. Structural analysis addresses cultural, historical context, which influenced the discussed artworks, political climate, art movements’ stylistic characteristics, which informed individual work of artists, their subjective motives, influences and inclinations. Secondly, positive analysis of the artworks focuses on the themes depicted, colors and techniques used, formal and stylistic elements, the reflection of cultural and historical context in the artworks etc. The thesis, present paper defends, may be formulated as follows: Hoffmann’s and Rauschenberg’s artworks were significantly influenced by historical, cultural, social and artistic context. The artistic response to these contexts was different and reflected through opposite art movements. The discussed images belong to different artistic traditions and, hence have many differences. Similarities, however, may be attributed to the similar artistic influences, and utilization of sometimes similar formal and color techniques of composition. Structural context: art movements, history, politics and subjective perspectives. The general socio-economic and historical context of both artworks (as they were created very close in time – 1957 and 1964) may be characterized by the gradual assault of mass consumption postmodernist society, which influenced the rapid development of popular culture in music, entertainment and cinema. Commoditization has reached almost every sphere of social life and closely approached art through mass media. The increasing role of mass culture was immediately seen in the new sphere of advertisement, which conflated the elements of ‘high and low’ culture, which became central to the new postmodernist cultural logic (Jameson, 59). Political situation in the United States and Europe was characterized by the intensification of resistance and leftist movements, which, however, abandoned communist platform and focused on new postmodernist tactics, such as situationism, counter-culturalism, influenced by new discoveries in psychoanalysis, philosophy etc. Politics also became the element of mass culture, as its reproduction was extended from closed couloirs of high cabinets to ordinary population. The response of art movements to the assault of the postindustrial society was irregular and significantly varied from one art movement to another. The dominance of non-objective abstraction in 1940s and 50s was the response to vulgarization of social life, and the manifest of the absence of valuable objective themes in de-humanized world. Abstractionism, hence was an artistic expression of de-humanization and the search for lost subjectivity (Herskovic, 13-17). However, other extremes also came to existence. That is particularly true of the Pop-Art, which positively responded to the modern developments in economy and culture, synthesizing popular culture in the new form of art. Pop-Art was characterized by ‘externalization’ of art, as the objects of ordinary life and advertisement were widely utilized. The later was particularly evident in the works of Andy Warhol, Roy Lichtenstein and James Rosenquist. The similar response to changing conditions in society was made by photorealism, which exemplifies the assault of hyperrealism as the new form of cultural affirmation. Such elements of modern society as standardization, de-subjectivization was immediately seen in Pop-Art , which appeared as the resistance to self-revelation, artistic creativity and originality and focuses on the widely acknowledge cultural codes and images (Harrison 2001) . Robert Rauschenberg’s and Hans Hoffmann’s artistic trajectories were significantly influenced by the discussed developments in politics and ideology. Rauschenberg was, for instance, one of the forerunners of pop-art movement, as he was among the first to use hand-made or found objects in his artworks, combining the elements of high and low culture, using mass-media sources etc (Livingstone, 1990). Such experiments were influenced by Rauschenberg’s strong belief that the genuine artwork should exist between art and life. The technique of ‘combines’ used by Rauschenberg may be described as immediate precursor to postmodernist collage, used in installation art. Rauschenberg’s mindset position deeply opposed Abstract Expressionism’s argument that the self may be expressed through art. Instead, Rauschenberg focused on representation of reality in its absence of structure, sense and single interpretation. Abstract-Expressionism, which was influenced by Hans Hoffman, in contrast focused on gesture paintings and color field painting techniques. Abstract Expressionism should be understood as a historical consequence of the conflation between European and American artists due to World War 2, which forced may French, German and other artists to immigrate in the United States. Hans Hoffmann belongs to this group of artists and his destiny significantly influenced his style and ideological orientations (Herskovic, 2003). Hoffman’s style was influenced by cubist tension between depth and surface, expressionistic flamboyance of color and surrealist technique of automatism, which is based on following subconscious drivers of creativity and libidinal forces. The latter influences were synthesized by Hoffmann in his ‘push-pull’ method, which included the use of expressive colors and paint slashes in the view of creating contradiction between cool and warm colors. Comparative analysis of Hoffmann’s and Rauschenberg’s artworks Both artworks are obviously affected by different artistic movements and styles. Hoffmann’s composition may be posited within abstract expressionism tradition, while Rauschenberg’s painting belongs to Pop-Art movement. On the surface level the similarities between these artistic may be traced in the color usage – in each painting we see the utilization of yellow, green, black, white, red, white and blue colors. Moreover, the presence of grid-like rectangular layout is evident. Apart from this, both paintings are characterized by the sense of distortion. The distortion in Hoffmann’s artwork Boston Twilight is due to the use of abstract expressionist style, which distorts the contours of objective reality, so that we can not find correspondence between the image and reality (Boston Twilight) that it signifies. However, in Rauschenberg’s composition the distortion is reflected in the plurality of meaning and signification. The interpretation is difficult to realize due to the combination of images inserted in the painting: J. F. Kennedy at the center, pointing with his finger, cosmonaut with parachute, the duplication of Kennedy’s hand in the right corner and evidently abstract images in other parts. There is no denying the importance of the fact, that such a ‘combine’ creates difficulties for interpretation and distorts it. Furthermore, it should be pointed to the fact that both artworks have the elements of abstraction, contrasting color tones and are influenced by Cubism in using facets of the color. Both paintings create the feeling of collage and it was noted that Rauschenberg’s ‘combine’ technique is very close to it. Moreover, creating certain color relationships is in important in both images, however, it serves different functions, depending on style and thematic unity. Differences between images are evident in many respects. First of all, art schools are opposite with pop-art, focusing on unification of art and reality, and abstract expressionism, focusing on expressing contradictory being of individual self. Hoffman’s painting is abstract in essence, while Rauschenberg’s refers to widely known political and social images of American President, cosmonaut, which immediately signify objective reality. The social and political thematic of Rauschenberg’s image immediately points to his belonging to Pop-Art tradition. As far as formal and color structure of the analyzed paintings are concerned blue is dominant in Rauschenberg’s image, while green is dominant in Hoffman’s paintings; the first artist uses vertical stress, while Hoffmann is evidently using horizontal stress. Due to stylistic differences between artworjs, colors mix into one another in Hoffmann’s painting and are separated in Rauschenberg’s one. Rauschenberg utilizes much more contrast, than Hoffmann, however the image of the latter is much more organic in contrast to geometric structure of Rauschenberg’s composition. Conclusion To sum it up, present analysis proved the initial thesis that both artworks were significantly influenced by historical, social and cultural developments in Western societies in the middle of 20-th century. These developments provoked different responses on the part of art movements, resulting in creation of different styles and techniques. The latter are reflected in Hoffmann’s and Rauschenberg’s compositions, which are different in many important stylistic respects, however, have much in common due to the same artistic influences. My interest to the discussed paintings is explained by the fact that they are picturesque representations of Abstract Expressionism and Pop Art. Main features, peculiar to each of these styles, may be found in these paintings both in complex and in separate elements. The techniques used by both artists help us better understand other artworks created in these traditions and inform our own artistic endeavors. Hoffman’s image advantage is in its direct appeal to aesthetic taste and sensibility, while Rauschenberg artwork represents a challenge for viewers in terms of interpreting its political and social content. Works Cited Herskovic, Marika. American Abstract Expressionism of the 1950s An Illustrated Survey, New York School Press, 2003. Harrison, Sylvia. Pop Art and the Origins of Post-Modernism. Cambridge University Press, 2001. Jameson, Fredric. ‘Postmodernism, or the Cultural Logic of Late Capitalism’. New Left Review, 146, (53-92), 1991. Livingstone, M. Pop Art: A Continuing History, New York: Harry N. Abrams, Inc. , 1990

Thursday, January 9, 2020

The Biggest Myth About Argumentative Essay Topics Reddit Exposed

The Biggest Myth About Argumentative Essay Topics Reddit Exposed Argumentative Essay Topics Reddit Help! In its heart, the essay should be about you. Bear in mind you may make funny argumentative essays if you do a few things. It's crucially important to completely engage yourself in the subject you will write. It isn't a must, but should you care about your topic, it's going to be resembled in your writing. Argumentative essay topics are so important since they are debatableand it's vital to at all times be critically considering the world around us. An argumentative essay presents either side of a problem. It is a writing piece meant to persuade someone to think the way you do. In order to really convince readers of your viewpoint, it must also look at the opposing views. Definitions of Argumentative Essay Topics Reddit An argumentative essay is a sort of thesis or composition in which you have to present your view and try to convince others your facts and arguments are correct. An argumentative essay objective is to take one specific viewpoint out of the other viewpoints. The past couple of sentences ought to be extremely clear and have an enduring image on your audience. An argumentative essay example will reveal the should possess some crucial components which make it better in the practice of convincing. In order to supply an in-depth understanding about the argumentative essay, it's better to examine some of the greatest examples of argumentative essay. Remember that the amount of your essay is dependent upon the assignment offered to you. You can also see concept essays. When you develop this kind of essay, you should make your claims by your composition so it will be open fordebate. Whether it's an argumentative or expository essay which you're writing, it is essential to develop a clear thesis statement and an obvious sound reasoning. Before concluding the essay, it is crucial to summarise with a strong emphasis on the subject. The very first sentence of the essay has to be interesting enough to produce the reader read on. Then you need to endeavour to choose the right argumentative essay format. Before writing an argumentative essay, there's one important thing which you should know. The structure of your paper's outline is just like the structure of your whole essay. There are a few particular elements which are needed in an argumentative essay. Argumentative essay format is dependent on your professor's requirements, since there is not any common pattern for each essay. The Foolproof Argumentative Essay Topics Reddit Strategy Your introductory paragraph needs to be clear and concise just enjoy the example. The present paper clarifies and proves an extremely general variant of the claim. The introduction involves an explanation of the matter, background info, and the author's position. Any excellent task finishes with a terrific conclusion and the very best examples of the argumentative essay will arrive in with a conclusion with an overview of all of the points together with a gist of the evidences provided. Get the Scoop on Argumentative Essay Topics Reddit Befor e You're Too Late All you should have is a tiny curiosity besides that everything will get an intriguing game of knowledge. Pick something you are obsessed with. The first thing you're likely to have to do is to pick a topic that has more than one clear side. Without a very good evidence, nobody will believe my words. Understanding how to compose a strong argumentative paper can help you advance your very own argumentative thinking. When you try to find controversial topics, you might be tempted to choose subjects that can be way too broad to discuss. The argumentative essay has a particular format that must be followed to blow the mind of the reader, and it's particularly helpful for students and the corporate when making strategic proposals. Writing an argumentative essay is a skill that anyone in school should know, even though it can be useful outside the classroom, too.

Wednesday, January 1, 2020

Useful English Phrases for Running a Business Meeting

This reference sheet provides short phrases to help you run a business meeting from start to finish. Generally speaking, you should use formal English to run a business meeting. As you participate, its a good idea to paraphrase others ideas to make sure you understand. Opening the Meeting Welcome participants with quick phrases and get down to business. Good morning/afternoon, everyone.If we are all here, lets. . . get started (OR)start the meeting. (OR). . . start. Good morning everyone. If were all here, lets get started. Welcoming and Introducing Participants If you have a meeting with new participants, make sure to introduce them before as you start the meeting. Please join me in welcoming (name of participant)Were pleased to welcome (name of participant)Its a pleasure to welcome (name of participant)Id like to introduce (name of participant)I dont think youve met (name of participant) Before I get started, Id like to please join me in welcoming Anna Dinger from our office in New York. Stating the Principal Objectives of a Meeting Its important to begin the meeting by clearly stating the main objectives for the meeting. Were here today toOur aim is to ...Ive called this meeting in order to ...By the end of this meeting, Id like to have ... Were here today to discuss the upcoming merger, as well as go over last quarters sales figures.   Giving Apologies for Someone Who is Absent If someone important is missing, its a good idea to let others know that they will be missing from the meeting. Im afraid.., (name of participant) cant be with us today. She is in...I have received apologies for the absence of (name of participant), who is in (place). Im afraid Peter cant be with us today. Hes in London meeting with clients but will be back next week. Reading the Minutes (Notes) of the Last Meeting If you have a meeting that repeats regularly, make sure to read the minutes from the last meeting to make sure that everyone is on the same page. First, lets go over the report from the last meeting which was held on (date)Here are the minutes from our last meeting, which was on (date) First, lets go over the minutes from our last meeting which was held last Tuesday. Jeff, could you please read the notes? Dealing with Recent Developments Checking in with others will help you keep everyone up to date on progress on  various projects.   Jack, can you tell us how the XYZ project is progressing?Jack, how is the XYZ project coming along?John, have you completed the report on the new accounting package?Has everyone received a copy of the Tate Foundation report on current marketing trends? Alan, please tell us how the final arrangements for the merger are coming along.   Moving Forward Use these phrases to transition to the main focus of your meeting. So, if there is nothing else we need to discuss, lets move on to todays agenda.Shall we get down to business?Is there any other business?If there are no further developments, Id like to move on to todays topic. Once again, Id like to thank you all for coming. Now, shall we get down to business? Introducing the Agenda Before you launch into the main points of the meeting, double check that everyone has a copy of the agenda for the meeting. Have you all received a copy of the agenda?There are three items on the agenda. First,Shall we take the points in this order?If you dont mind, Id like to ... go in order (OR)skip item 1 and move on to item 3I suggest we take item 2 last. Have you all received a copy of the agenda? Good. Shall we take the points in order? Allocating Roles (secretary, participants) As you move through the meeting, its important that people keep track of whats going on. Make sure to allocate note taking. (name of participant) has agreed to take the minutes.(name of participant) has kindly agreed to give us a report on this matter.(name of participant) will lead point 1, (name of participant) point 2, and (name of participant) point 3.(name of participant), would you mind taking notes today? Alice, would you mind taking notes today? Agreeing on the Ground Rules for the Meeting (contributions, timing, decision-making, etc.) If there is no regular routine to your meeting, point out the basic rules for discussion throughout the meeting. We will hear a short report on each point first, followed by a discussion around the table.I suggest we go round the table first.The meeting is due to finish at...Well have to keep each item to ten minutes. Otherwise well never get through.We may need to vote on item 5, if we cant get a unanimous decision. I suggest we go round the table first to get everyones feedback. After that, well take a vote. Introducing the First Item on the Agenda Use these phrases to begin with the first item on the agenda. Make sure to use sequencing language to connect your ideas throughout the meeting. So, lets start withShall we start with. .So, the first item on the agenda isPete, would you like to kick off?Martin, would you like to introduce this item? Shall we start with the first item? Good. Peter will introduce our plans for the merger and then will discuss the implications.   Closing an Item As you move from item to item, quickly state that you have finished with the previous discussion. I think that covers the first item.Shall we leave that item?If nobody has anything else to add, I think that covers the important points of the merger. Next Item These phrases will help you transition to the next item on the agenda. Lets move onto the next itemThe next item on the agenda isNow we come to the question of. Now, lets move onto the next item. Weve been having a bit of a personnel crunch lately. Giving Control to the Next Participant If someone takes over your role, give control to them with one of the following phrases. Id like to hand over to Mark, who is going to lead the next point.Right, Dorothy, over to you. Id like to hand over to Jeff, who is going to discuss the personnel issues. Summarizing As you finish the meeting, quickly sum up the main points of the meeting. Before we close, let me just summarize the main points.To sum up, ...In brief,Shall I go over the main points? To sum up, weve moved forward with the merger and expect to start work on the project in May. Also, the personnel department has decided to hire additional staff to help us with the increased demand. Suggesting and Agreeing on Time, Date and Place for the Next Meeting As you end the meeting, make sure to arrange for the next meeting if necessary. Can we fix the next meeting, please?So, the next meeting will be on... (day), the . . . (date) of.. . (month) at...What about the following Wednesday? How is that?So, see you all then.   Before we leave, Id like to fix the next meeting. What about next Thursday? Thanking Participants for Attending Its always a good idea to thank everyone for attending the meeting. Id like to thank Marianne and Jeremy for coming over from London.Thank you all for attending.Thanks for your participation. Thank you all for your participation and Ill see you next Thursday. Closing the Meeting Close the meeting with a simple statement. The meeting is closed.I declare the meeting closed. Explore useful phrases and proper language use in these business English articles: Introduction and Example Meeting Dialogue Phrase Reference Sheet for Participating in a Meeting Formal or Informal? Appropriate Language in Business Situations

Tuesday, December 24, 2019

John Locke and John Stuart Mills Definition of Freedom Essay

John Locke and John Stuart Mills Definition of Freedom John Locke believes that man ought to have more freedom in political society than John Stuart Mill does. John Lockes The Second Treatise of Government and John Stuart Mills On Liberty are influential and potent literary works which while outlining the conceptual framework of each thinkers ideal state present two divergent visions of the very nature of man and his freedom. John Locke and John Stuart Mill have different views regarding how much freedom man ought to have in political society because they have different views regarding mans basic potential for inherently good or evil behavior, as well as the ends or purpose of political societies. In order to examine how each†¦show more content†¦Mill differs from Locke in the basic principle that individual who enjoy the benefits of living in political societies owe a return for the protection society offers. Mill believes for society to function properly conduct of societies members should not injuring the interests of one another; or rather certain interests; which either by express legal provision, or by tacit understanding, ought to be considered rights (Mill 70) Mill furthers this statement by proclaiming that society may go even further. As soon as any part of a persons conduct affects prejudicial the interests of others, society has jurisdiction over it, and the general question whethe r the general welfare will or will not be promoted by interfering in it, becomes open to discussion. (Mill 70) This declaration virtually allows the state the authority to intervene in every instance of human interaction and have total power to alter the exchange as it sees fit. If this function of the state is considered supreme or is allowed jurisdiction over even the first sphere of freedoms any further discussion of liberty is ineffective and redundant. Mill clearly seeks to limit the freedom of men and guaranteeing some measure of residual power to exercised by the state at will. Having examined the level or amount of freedom Locke and Mill advocate for man in political society a closer examination of the rational or reasoning which Locke and Mill used to develop theirShow MoreRelatedJohn Locke And John Stuart Mill s On Liberty Essay1200 Words   |  5 Pagesrole the individual plays in society and to the state. Whereas, Thomas Hobbes, John Locke, and John Stuart Mill have developed a more modernized conception of liberty and the role of the individual to the state and society. Plato’s work the Republic, and Aristotle’s works of literature Nicomachean Ethics, and Politics will be contrasted against Thomas Hobbes’ Leviathan, John Locke’s Second Treatise, and John Stuart Mill’s On Liberty. The literature works of the Political Philosophers mentioned previouslyRead More Comparing John Locke, John Stuart Mill, and Jean-Jacques Rousseau2026 Words   |  9 PagesComparing John Locke, John Stuart Mill, and Jean-Jacques Rousseau John Locke, John Stuart Mill, and Jean-Jacques Rousseau all dealt with the issue of political freedom within a society. John Lockes â€Å"The Second Treatise of Government†, Mills â€Å"On Liberty†, and Rousseau’s â€Å"Discourse On The Origins of Inequality† are influential and compelling literary works which while outlining the conceptual framework of each thinker’s ideal state present divergent visions of the very nature of man and hisRead MoreJohn Locke And John Stuart Mill s On Liberty Essay1748 Words   |  7 Pagesrole the individual plays in society and to the state. Whereas, Thomas Hobbes, John Locke, and John Stuart Mill have developed a more modernized conception of liberty and the role of the individual to the state and society. Plato’s work the Republic, and Aristotle’s works of literature Nicomachean Ethics, and Politics will be contrasted against Thomas Hobbes’ Leviathan, John Locke’s Second Treatise, and John Stuart Mill’s On Liberty. The literature works of the political philosophers mentioned previouslyRead More2.1 The Birth Of Free Speech . It Is Difficult To Pinpoint1267 Words   |  6 Pagestime of ancient Greeks, freedom of speech has always been an indispensable condition of what it means to be a free person. The first known martyr to the principle of free speech was Socrates. In 399BC before his jury to city state of Athens he was tried for corruption the morals of Greek youth and he said that he would rather be convicted than suffer restrictions on his free speech. Free speech became more developed during the Enlightenment period by scholars such as John Locke, Baruch Spinoza, PierreRead MoreEssay Kant vs. Mill: Human Rights and Utilitarianism1729 Words   |  7 Pagesincluding philosophical theories in the past. This paper looks at the theories of two philosophers, Emmanuel Kant and John Stuart Mills, and how their teachings can be used to explain the sources of human rights. Kant’s moral philosophy is very direct in its justification of human rights, especially the ideals of moral autonomy and equality as applied to rational human beings. John Stuart Mills’ theory of utilitarianism also forms a solid basis for human rights, especially his belief that utility is theRead MoreConstitutional Issues And The Scope And Character Of U.s. Government3303 Words   |  14 Pages Government 2 Freedom of speech, Barendt (2005) mentioned, is one of the basic rights of any human being. The entitlement to express one’s opinion and view on anything without the fear of being harassed or penalized by the authority is ensured by this act. For many centuries common people were denied this right. Even now many countries prohibit its citizens to practice this fundamental right. USA is one of the countries, which is known for being vocal about civil rights and freedom. Therefore itRead MoreLiberal Perspective of a State7979 Words   |  32 Pagespromotion and protection of human freedom and equality and ensuring of human happiness. Liberalism meant the removal of traditional distinctions that were imposed on people. Liberals espouse a wide array of views depending on their understanding of the principles of liberty and equal rights, but most liberals support such fundamental ideas as constitutionalism, liberal democracy, free and fair elections, human rights, capitalism, free trade, and the freedom of religion. These ideas areRead MoreQuestions On The Theories Of Justice2659 Words   |  11 Pageslater, these theories of justice will necessarily be implied in the founding documents and covenants of major social institutions in western civilization. Justice: Utility In its most basic definition, utilitarianism argues, â€Å"The right thing to do is to produce the most good.† According to John Stuart Mill, â€Å"‘utility’ or the ‘greatest happiness principle’ requires that actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness. ThereforeRead MoreJurisprudential Theories on IPR13115 Words   |  53 Pagesproperty, such as: 1. Natural Rights/Justice Argument: this argument is based on Locke’s idea that a person has a natural right over the labour and/or products which is produced by his/her body. Appropriating these products is viewed as unjust. Although Locke had never explicitly stated that natural right applied to products of the mind,[34]  it is possible to apply his argument to intellectual property rights, in which it would be unjust for people to misuse anothers ideas.[35]  Lokeans argument for intellectualRead MoreEssay about What Is Distributive Justice?5286 Words   |  22 Pagesjust are what is set forth. The next set of principles is the feminist principles that offer very distinct versions of every theory. The last of the principles is the methodology and empirical beliefs about distributive justice most notably stated by John Rawls. He brought the method of wide reflective equilibrium to philosophy (â€Å"Stanford Encyclopedia of Philosophy†). The international doctrine of human rights says, â€Å"Everyone has a right to an adequate standard of living for himself and his family

Monday, December 16, 2019

Constitutional and administrative law Free Essays

string(208) " the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made \(Oliver 1987\)\." Abstract New legislation relating to the licensing of tyre disposal centres has resulted in several situations where the decisions of the public authority are in question. As a result judicial review is being considered as to whether the actions of the public authority could be deemed to be illegal, irrational or procedurally inaccurate. The Tyre Waste Act enacted by Parliament in 2012 has given powers to the Secretary of State to undertake certain administrative tasks such as the licensing of tyre storage and their destruction. We will write a custom essay sample on Constitutional and administrative law or any similar topic only for you Order Now A statement was also made that any decisions on the part of the Secretary of State cannot be challenged in a court of law, and the Secretary of State is given wide discretionary power under the statutory provisions. With this in mind and following certain concerns by three different companies, as well as a pressure group, the question has arisen as to whether or not the powers exercised by the Secretary of State in these scenarios could be subject to judicial review. Introduction The paper here will look, firstly, at the legal principles associated with judicial review, including identifying who may bring an action to judicial review and the grounds for such action, before applying this to the set of facts presented in relation to the individual entities in this case study. Judicial Review – Rules Judicial review provides a procedure whereby an individual or relevant group of individuals can bring an action in court to argue that a public body acted in an unlawful manner (IRC, 1982). Broadly speaking, judicial review will fall into one of three categories: where a public body has acted illegally, i.e. failing to apply the law in the relevant manner; has acted irrationally by making a logical decision; or has undertaken some form of procedural impropriety which means that it has not followed the correct procedure. Where an action for judicial review is successful, the court may then quash the act undertaken by the public body or may require it to review the situation or may refrain the body from acting in the manner that it has been acting, previously. A typical example of this would be a declaration by the High Court that the public body had acted in an unlawful manner and would therefore require it to act differently, in the future (Fulham Corporation 1921). Firstly, it is noted that judicial review is available against a decision made by a public body and, in this case, the Secretary of State for the Environment is a public body making public decisions and would therefore be potentially subject to judicial review, regardless of the statement that it cannot be held accountable in court (Hampshire Farmers Market Ltd., 2004). The individual bringing the action must also have sufficient standing in order to make the application (as defined by Section 31(3) of the Senior Courts Act 1981). In accordance with this section, it is stated that the permission shall not be given to bring an action, unless it is considered that the applicant has sufficient interest in the matter to bring the action (Gough, 1993). Having been allowed to bring an action to judicial review, the next stage is to identify the grounds for challenge of the public authority’s behaviour. Each of the three grounds will be looked at in turn, as each is potentially relevant, in this case. The classification of the grounds that will be discussed here was first established in the Minister for the Civil Service case decided in 1985. Under the heading of illegality, there are several grounds for challenge, with one of the most common aspects of this being where there are allegations that the legislation has been misinterpreted (Anisminic 1969).Crucially, a decision can be deemed to be illegal for the purposes of judicial review, if the decision making body has ignored relevant considerations, or is taking irrelevant considerations into account when making decisions. This is particularly relevant when it comes to a situation whereby the public authority has a relatively high level of discretion in applying the rules and regulations by which it is guided. It is however noted that where the public authority is taking into account legally relevant factors and the decision they make is ultimately rationale this cannot then be queried simply because one of the parties does not agree (ex parte Westminster City Council 1986). L Diplcok also placed a large emphasis on the second ground for challenging the actions of the public body which is on the basis of irrationality. He stated that the decision would be deemed to be irrational if it could be seen as â€Å"so, outrageous in its defiance of logic or accepted moral standards, that no sensible person, whether applied his mind to the question that have arrived at it.† (Associated Provincial 1948)This ground for judicial review is somewhat different than the other two in that it looks at the substance of the decision, but will only allow for judicial review where the decision is outrageous and again, not simply because one of the parties disagree (Barnett 2010). Secondly, also under the umbrella issue of irrationality is that of proportionality meaning that the public body needs to make proportional decisions in order to achieve the underlying aim of the powers given to the public authority. For example it may be seen as disproportionate to prevent a particular protest march from taking place where it would have been possible to protect public safety by simply choosing an alternative route. Proportionality is seen as being particularly relevant when it comes to the European convention on human rights is also an issue that is dealt with when looking at decisions relating to the application of the European convention on human rights under UK law. Fundamentally therefore, where the public body has acted in a way that is disproportionate this could be used as an example of irrationality and therefore offer an opportunity for judicial review (Daly, 2001). Finally there is the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made (Oliver 1987). You read "Constitutional and administrative law" in category "Essay examples" A distinction is drawn between a procedural requirement which is perceived as being mandatory and a simple direction with any breach of a mandatory requirement allowing for judicial review on the grounds procedurally proprietary. There are also rules associated with natural justice, which are linked to procedural requirements and where it has been a breach of natural justice it is likely that judicial review of the procedurally proprietary will be allowed (Lloyd, 1987). For example, there are specific rules of natural justice, which ensured that no bias is shown and that each individual has the right to a fair hearing. An individual will have a legitimate expectation of how their case shou ld be dealt with and a failure to offer the opportunity to have a fair hearing could result in procedural impropriety (Nottinghamshire CC 1986). Unlike other countries there is not a general requirement under English administrative law to give reasons for decisions however it may be required by statute to provide reasons and this would then prevail. Rules relating to legitimate expectation are also likely to be relevant as it is only reasonable that individuals form expectations on how their own situation will be treated and failure to comply with this can result in procedural impropriety (Fairmount 1976). Once an action for judicial review is successful, there are several different remedies which may be available, including a declaration of incompatibility as well as options for the court to nullify the decision made by the public authority by the requirement for the relevant authority to revisit their decision and to comply with the public authority duties that are relevant (Liverpool Corporation 1972). Bearing in mind the various different issues associated with judicial review the position in relation to the four possible claims for judicial review will be looked at in turn. Alpha Ltd (A) Two decisions have been made that A is confused by. These issues are firstly, the refusal to offer a grant for the recycling expansion due to environmental concerns and secondly, the requirement to cease trading due to the lack of licence. A stores no more than 1000 tyres at a time and these are shredded within 12 months. Schedule 1 (B) states that a licence is not required where the tyres are stored for less than 12 months and there are less than 1000 stored at any point in time. Based on this interpretation it would seem irrational that the Secretary of State for the Environment failed to allow the exemption to apply and this would result in a declaration being made and the position having to be re-considered. By contrast it is simply stated that a recycling grant would require the applicant to show that the waste to be recycled will not be harmful to the environment. It is argued here that the belief by the Secretary of State that the chosen recycling approach by A would be harmful and as such it would be appropriate to refuse the grant and could not be deemed to be irrational or disproportionate as it would seem reasonable to disallow a grant that would potentially support some form of non environmentally friendly approach. Beta Ltd (B) An application for a licence has been rejected by the Secretary of State by B as it is using technologies that are seen to be safe and have been proved as such in Germany but has not gained approval in the UK as is required under the statutory provisions. This presents a reasonably difficult position when it comes to judicial review as it could be argued that the Secretary of State has followed the requirements under the statutory provision yet has potentially acted in a disproportionate manner and has failed to take into account the tests that have taken place in Germany. Despite the potential argument of irrationality that B could put forward, it is suggested on balance that the Secretary of State has followed the processes contained within the statutory provisions and therefore it is unlikely that judicial review will be successful in this situation. Gamma Ltd (G) G has also been refused a licence despite having a strong environmental record. G was initially afforded a licence automatically however this was reneged and G was told to apply for a licence which was ultimately refused due to the previous investigations relating to the theft of tyres, this was not an environmental issue. It is also suggested that bias is being shown as the decision maker was involved in the original investigation. Bearing both of these points in mind it is suggested that the judicial review would be successful on the grounds of procedural improprietary on the grounds of bias as well as illegality as the rules contained within the statutory provision have not been applied appropriately with the relevant investigations needing to be environmental in nature if a licence is to be rejected. Tyred Out (T) T is a special interest group looking at environmental issues associated with the disposal of tyres and is arguing that Delta (D) should not be granted a licence due to a poor environmental record. Firstly it is concluded based on the concepts of material interest that T is able to bring an action for judicial review as it has sufficient interest. Secondly it has been put forward by the Secretary of State that a licence was granted based on the devastating potential on the employment in the area despite poor environmental records. It would be necessary to look therefore whether the decision was rational and proportionate, something which it is suggested based on the facts here that the decision was indeed appropriate and could not be deemed irrational. Discretion is given to the Secretary of State and this discretion has seemingly been applied appropriately making it unlikely that judicial review will be successful. Conclusions By looking at the specific rules and applying this to the four scenarios presented, it could be seen that there are mixed results with judicial review being likely to be successful in the case of Gamma Ltd and partly in relation to Alpha Ltd but would be unsuccessful in the other areas. References Anisminic Ltd v.Foreign Compensation Commission [1969] 2 AC 147 Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223) Attorney-General v. Fulham Corporation, ex relatione Yapp [1921] 1 Ch 440, Barnett, H (2010) Constitutional Administrative Law, Taylor Francis Bradley, A.W. and Ewing, K.D., (2003) Constitutional and Administrative Law, Pearson. Council of Civil Service Unions v. Minister for Civil Service [1985] AC 374 Fairmount Investments Ltd v. Secretary of State for the Environment [1976] 1 WLR 1255 IRC v. NFSESB [1982] AC 617. Lloyd v McMahon [1987] AC 625 Nottinghamshire CC v. Secretary of State for the Environment [1986] 1 AC 240 Oliver, D (1987)†Is the Ultra Vires Rule the Basis of Judicial Review[1987] P.L. 543 R(Daly) v Secretary of State for the Home Department [2001] 2 AC 532 R (on the application of Beer) v. Hampshire Farmers Market Ltd [2004] 1 WLR 233 R v. Gough [1993] AC 646 R v. Liverpool Corporation, ex parte Liverpool Taxis [1972] 3 WLR 224 How to cite Constitutional and administrative law, Essay examples Constitutional and Administrative Law Free Essays Introduction ‘In British constitutional theory and practice there is a clear-cut distinction between law and convention. Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice and is not enforceable by the courts. We will write a custom essay sample on Constitutional and Administrative Law or any similar topic only for you Order Now Law remains in force until changed by statute. Convention may change with changing times. Law, at least if statutory, is ascertainable in precise form. Convention is often imprecise and may be nowhere formulated in categorical terms.’ (Professor H.W.R. Wade) Is this an accurate explanation of the distinctive nature of law and convention in relation to the British constitution? Professor H.W.R Wade produced a statement highlighting a clear-cut distinction between the nature of law and convention in relation to the British Constitution. Throughout this essay I shall critically asses the validity and accuracy of his explanation by taking an in depth look at key concepts, doctrines and comments to evaluate whether a distinction exists between the nature of law and convention. Whilst Britain does not have a single codified document called ‘The Constitution’, it would be deceptive to assert that the constitution is unwritten. Indeed, Britain’s constitution has been cultivated from multiple key constitutional sources which make it possible to approach a description of the constitution. These sources can be found in the decisions of the courts in the form of dictum or in the interpretation of statute. With Britain being a member state of the European Union part of the constitution can emanate from EU Law, the Royal Prerogative, and a distinct part is found in historical arrangements and practices known as conventions. I shall be focusing primarily on the nature of law and conventions, in relation to the British constitution in order to assess whether a distinctions is visible between the two constitutional sources. Professor Wade asserts that â€Å"Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice is not enforceable by the courts†. Accordingly, it would be just to establish that from a precise detailed point of view, this statement can be seen to be contentious. This is primarily because Professor Wade highlights that the â€Å"Law derives from common law and statute† however what he seizes to base emphasis on is the mere fact that conventions set a key agenda in the crafting of statute and common law reasoning; in the words of Sir Ivor Jennings â€Å"conventions provide the flesh which clothes the dry bones of the law†[1] Thus, evidently the legal hierarchy of the British constitution is everywhere penetrated, transformed and inherently effected by an inevitable element of convention, and a failure to adhere to an important convention might lead Parliament to cast a disputed practice int o legislative form. An example of this is The Parliament Act 1911, which was enforced after the House of Lords exceeded conventional limits on its power, rejecting, in 1909, a finance bill (Lloyd George’s ‘People’s Budget’). This consequently undermines, to some extent, the clear-cut distinction Professor Wade respectively explains, in that, if conventions are so interconnected in the cultivation of the natural form of law as mentioned above then a distinction cannot be clear-cut or even made, and this connection will always bind the natural law and conventions. Evidently the natural form of law is enforceable by the courts. Professor Wade makes a distinction here between the nature of law and convention by stating that â€Å"Law is enforceable by the courts†¦.Convention is not enforceable by the courts† The issue here arises with regards to the validity of this statement. Are conventions indeed distinctly dissimilar to the nature of law in that they are not enforceable by the courtsIndeed, conventions are rules and are part of the constitutional order, interrelated and interwoven to some extent, however relatively distinguishable from the natural form of law as Professor Wade asserts. The key distinction is in the nature of the enforcement and of the sanction. As mentioned above the natural form of law is inherently enforced in the courts; however it could be debated as to whether conventions are fully applied in courts (discussed further below), conventions are most certainly non-legal but nonetheless binding rules of constitut ional behaviour. A good example of this is the convention of ministerial responsibility. It is a convention which holds ministers wholly and individually responsible to Parliament. If a minister knowingly misleads parliament for example he or she will be expected to resign from office. If no resignation is forthcoming the minister would be acting unconstitutionally and NOT illegally. A court of law could not compel a resignation in this situation. Nonetheless, in the case of R. v Secretary of State for the Home Department Ex p. Hosenball[2] the court had relaxed the rules of natural justice â€Å"for the protection of the realm† in a case were the Secretary of State had considered information that Mr.Hosenball, while resident in the United Kingdom, had sought and obtained for publication information harmful to the security of the United Kingdom. This case proves that the courts were willing to shape up the natural form of the law and enforce a convention for public interest in order to ensure the security of the ‘realm’. A key point to address in this case was that the Secretary of State had not arguably acted fairly in that Mr.Hosenball was denied a fair trial. In today’s court this would infringe article 6 of the Human Rights Act 1998. Therefore, it would be fair to establish that in today’s courts the judiciary would have taken a different approach to tackling the aforementioned case. So is Professor Wade accurate in explaining that a distinction between the nature of law and convention exists on the basis that law is enforceable by the courts and convention is notCertainly the above case contradicts to this to some extent; however a reluctance of the modern courts to enforce conventions has crafted this distinction, making Professor Wade’s distinction relatively accurate on this basis. However as highlighted by the convention of ministerial responsibility a distinction can be formed between a convention and the natural form of law on the basis that acting unconstitutionally differs from acting illegally as highlighted above. Professor Wade explains that a distinction exists between the nature of law and convention on the basis that â€Å"Law remains in force until changed by statute, and convention may change with changing times†. Accordingly Professor Wade is to some extent right in this distinction, in that we have seen numerous acts of parliament being superseded and changed by more modern statutes. Furthermore, it would be fair to establish that courts accept the validity of the acts of Parliament and have validated the concept of Parliamentary Sovereignty, and although the courts do not directly challenge legislation passed down by Parliament, a strong part of the constitution comprises of common law and not solely statute law, particularly in certain cases involving private law including tort and contract law. Thus to some extent it could be inaccurate and problematic to assert that â€Å"law remains in force until changed by statute†. Furthermore, Professor Wade, establishes that â€Å"conventions may change with changing times†. He is indeed relatively accurate in making this statement, as proven by the ‘Widdicombe Convention’ which was formally recorded to resolve any conventional ambiguities with regards to the media and publicity campaigns. This convention was effectively the result of the growing media and the influence it had on society. This convention inherently proves the accuracy of Professor Wade’s explanation that ‘conventions may change with times’. However the legitimacy of this distinction is inaccurate in a sense on the grounds that even the law may change with time, after all, this is why we have a parliament and a superior court system. With changes in society comes change in the law, this is the basic foundation of any competent legal system. Alas, this asserts that Professor Wade’s distinction is relatively inaccurate as both the natural form of la w and conventions change with time in order to sufficiently meet the ever changing needs of our society. Another distinction Professor Wade explains in his statement is that the â€Å"law, at least if statutory, is ascertainable in precise form, convention is often imprecise and may be nowhere formulated in categorical forms† To some extent it can be rather contentious to assert that statutory law is precise in its form. This is merely because a broad term may be used in a statute which can give rise to confusion and uncertainty, developments in society can make the words used in a statute out of date and they may no longer cover the current situation. An example of this is in Section 53, Coroners and Justice Act 2009 c. 25[3]. However the important distinction made here is the statement asserting that â€Å"conventions are often imprecise and may be nowhere formulated in categorical form†. A good authority which validly contradicts to this inaccurate distinction is the convention of ministerial responsibility which is included in the Ministerial Code, which is issued upon appointment to all ministers by the Prime Minister. The convention clearly sets out the conventions and codes of practice as a minister. Thus, in conclusion after critically assessing Professor Wade’s explanation of the distinctive nature of law and convention in relation to the British constitution I have established that some of the distinctions he explains are more accurate than others. Initially the Parliament Act 1911 proved that failure to adhere to an important convention might lead Parliament to cast a disputed practice into legislative form which undermined Professor Wade’s explanation, and proves that convention can indeed constitute into law. Furthermore the case of R. v Secretary of State for the Home Department Ex p. Hosenball[4] proved that a convention could to some extent be enforceable in order to ensure the protection of the ‘realm’. I also established that Professor Wade was accurate in asserting that a â€Å"convention may change in time† as proven by the Widdicombe Convention, however his distinction could be seen as inaccurate as even the natural form of law can be changed in time to suit the needs of society. The convention of ministerial responsibility’s clarity contradicts Professor Wade’s distinction which stated that â€Å"that convention is imprecise in comparison to the precise form of law†. Therefore the aforementioned examples highlight that Professor Wade’s respective explanation although rightful in some aspects; the distinctions made can seem too broad and relatively inaccurate in some arspects in defining a convention and comparing it to the natural form of law. Bibliography Ward, R. (1997) Cases on Constitutional Administrative Law 4th edition, Pitman Publishing Horsey, K. (2009) Tort Law, Oxford University Press Leyland, P. (2007) The Constitution of the United Kingdom, Hart Publishing Turpin, C. (2007) British Government and the Constitution 6th edition, Cambridge University Press How to cite Constitutional and Administrative Law, Essay examples

Sunday, December 8, 2019

Romeo And Juliet Tragic Hero Essay Example For Students

Romeo And Juliet Tragic Hero Essay One of the oldest and most debated questions of all time is whether our livesare governed by fate or by our personal choice. William Shakespeare, in Romeoand Juliet, brings this question to the surface. Although fate seems to controlwhat happens to Romeo and Juliet their choices contribute more to theirfate than fate itself. Although some reasons that Romeo and Julietdie are out of their control fate is not the largest reason that the lovers endup dying. For example, when Romeo hears of Juliets death before he is told thatit is being faked. Romeo heard of his loves death and rushed to her side tokill himself so he may lye with Juliet. The choice to kill himself is his alone,no one forces him to do it. The unfortunate circumstance that stops the Friarsassistant from delivering his message also aids the death of the lovers butdoes not cause it. Romeo doesnt need to hear of the Friars and Julietsdeception to stop them from dying. If he hadnt have done anything drastic theywould both hav e been alive and well. Also, Juliet could have told people abouther marriage to Romeo, accepted the consequences and then there would be no needfor the fateful message. Still, fate or circumstances above theircontrol do play a large role in determining the fate of the two young lovers. Itseems like Romeo and Juliet have the curse of bad luck throughout this story. Fate seems to cause Mercucio to be killed by Tybalt under Romeos arm. Thiscauses Romeo to want to avenge Mercucios death and Romeo then slays Tybalt. Hence, Romeo is forced to leave Verona or die and therefore one morecircumstance out of their control contributes to their deaths. This situation isput on Romeo without his consent. Romeo and the choice whether or not to avengeMercucios murder. Tybalt does not attack Romeo. Romeo goes after Tybalt withthe intent to kill him. To take it a step further, Romeo could stay in Veronaand face the wake of his actions. Many times Shakespeare refers tofate as being the reason that they died. When the Chorus uses thephrase Star-crossed lovers(1,1,6), this indicates WilliamShakespeares thoughts on what kills Romeo and Juliet. This tell the audiencethat Romeo and Juliet are destined for trouble. Romeo saying I am fortunesfool(3,1,145) after he kills Tybalt further emphasizes the point. Romeokills Tybalt yet he tries to blame fortune instead of blaming himself. He saysthat fortune tricked him and he fell for it. The unlucky manage of thisfatal brawl (3,1,154), spoken by the Prince after he hears a bout the deathof Tybalt confirms that Shakespeare feels that luck is what determines whathappens. The fact that they were from feuding families that hated each other andthey still continued the relationship. Yet, Shakespeare doesnt tell about thepoor judgement that the two young teenagers use. He tries to make it seem thatthey had no choice in the matter. What really plays the biggest part in theirdeath is not fate but the decisions of the two adolescents. Many choicescontributed to the end of Romeo and Juliet. Romeos choice to go to the Capuletparty where he met Juliet was one example of their choice. He knows that hisfamily and Juliets family hate each other. Still, he goes to their party fullyknowing what might happen. Furthermore, Romeo chose to seek after Juliet and tocontinue to see her. He could have just left and not have returned to her houseand gone to her balcony. By making this choice he sets up all the problems thatoccur later. Even if the later events happen by chance and it seem as if fatewas the reason that they died, their choices put them in that position. .u05db3bb0aab7e61288e9b6e106a78a7d , .u05db3bb0aab7e61288e9b6e106a78a7d .postImageUrl , .u05db3bb0aab7e61288e9b6e106a78a7d .centered-text-area { min-height: 80px; position: relative; } .u05db3bb0aab7e61288e9b6e106a78a7d , .u05db3bb0aab7e61288e9b6e106a78a7d:hover , .u05db3bb0aab7e61288e9b6e106a78a7d:visited , .u05db3bb0aab7e61288e9b6e106a78a7d:active { border:0!important; } .u05db3bb0aab7e61288e9b6e106a78a7d .clearfix:after { content: ""; display: table; clear: both; } .u05db3bb0aab7e61288e9b6e106a78a7d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u05db3bb0aab7e61288e9b6e106a78a7d:active , .u05db3bb0aab7e61288e9b6e106a78a7d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u05db3bb0aab7e61288e9b6e106a78a7d .centered-text-area { width: 100%; position: relative ; } .u05db3bb0aab7e61288e9b6e106a78a7d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u05db3bb0aab7e61288e9b6e106a78a7d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u05db3bb0aab7e61288e9b6e106a78a7d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u05db3bb0aab7e61288e9b6e106a78a7d:hover .ctaButton { background-color: #34495E!important; } .u05db3bb0aab7e61288e9b6e106a78a7d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u05db3bb0aab7e61288e9b6e106a78a7d .u05db3bb0aab7e61288e9b6e106a78a7d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u05db3bb0aab7e61288e9b6e106a78a7d:after { content: ""; display: block; clear: both; } READ: My Miracle Babby EssayAlthough, Romeo pursued Juliet he isnt the only reason that they die. Julietschoices play a large part in deciding their end. Romeo woos Juliet but Julietcould have resisted. When he sends for her to marry him, she can decide not toshow up. They also could be honest and tell their parents. The parents might notlike it but at least Romeo and Juliet wouldnt die. When Juliet chooses to drinkthe potion and not go with Romeo and leave Verona she makes a way for chance tocome into play. She could have left and lived with Romeo, but she