The Adventures Of Huckleberry Finn by Mark Twain Research Paper

The Adventures Of Huckleberry Finn by Mark Twain - Research Paper Example Perhaps due to this reason, â€Å"artistry of Twain’s ‘Adventures of Huckleberry Finn’ has inspired †¦ sophisticated and impressive critical responses†¦.† (Budd and Messent, 543) In case of Mark Twain such observation is truer as in his novels we see he has included a great deal of his autobiographical elements. In this context we can cite for the observation of Shelley Fisher Fishkin, whose observation asserts that the Adventures of Huckleberry Finn includes a great deal of autobiographical elements, â€Å"A boy of Twain’s acquaintance, Benson Blankenship, †¦. (His behavior would become a model for aspects of Huck’s behavior.)† (Fishkin, 21) It is from his autobiographical references we come to know, â€Å"By the time of Twain’s youth, slavery had become institutionalized in the South†¦In southern Missouri, where Twain, and Huck, lived, slavery still existed.† (Jarnow, 21)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬ËœThe Adventures of Huckleberry Finn’ shows that the protagonist Finn undergoes several adventures and finally he develops his approach towards life out of the experiences of such adventures. Apart from Finn’s adventure to observe life from a close angle, there is another element that plays a very important role in the novel that is the protagonist’s (the novelist’s) attitude towards slavery. Constitution if the United States of America came into power since 1864 and it immediately abolished the system of slavery from America officially. The Constitution clearly declared that all men are free and they are eligible to receive equal treatment from the State, despite their differences in race, religion, ethnicity and skin color. (Wilson, 5) However, looking at the practical situation it is evident that situation of the black people or people from Afro-American ethnic background has remained unchanged even in the modern society. L ike all the other great

Democratic Mechanisms and Political Risks to Waging War Essay - 1

Democratic Mechanisms and Political Risks to Waging War - Essay Example â€Å"The relation between military organization and the civilian environment can be shaped in different ways: in some countries, the civilians are executing firm oversight over the armed forces, whereas in some other countries the military can perform its duties regarding national security in its own, autonomous way, if not even in the way where the military imposes its principles of governance over the citizens. In the contemporary society, the last, i.e. military-dominated political systems are rare†(Jelusic,2007). But at the same time, Shultz (1999) points out that within democratic mechanisms, the political leaders tend to face higher political cost to waging war and therefore the threat to war is often resisted by the target nation. Indeed, the wider ramifications of threats by democratic state are less likely to be taken seriously by rogue nations than by threats from non-democratic states. However, history is witness to the fact that this is not always true. Moreover, according to Jelusic the idea more common are civilian-dominated political systems, in which civilian political leaders control the military in very authoritative way, or where the whole civilian environment through the channels of the democratic control over the military imposes the tasks, the execution of tasks and respect for democracy in the inner-military organizational structures. America’s war against Iraq was fought not for political leverage but for personal gain vis-à  -vis access to the vast resources of oil and gas (Habermas, 2006). The democratic constraints and reasons for waging war have therefore become increasingly contentious issues that need to be looked from the wider perspectives of emerging new equations of political economy that has redistributed wealth and created new power structure. Globalization has brought huge changes not only in the economic circles, but also in the political circles.

Hart, Fuller and Devlin Theories of Law and Morality

Hart, Fuller and Devlin Theories of Law and Morality Introduction This essay will explore the theories of Hart, Fuller and Devlin and consider there views on the link between law and morality. It will consider the debates mounted between Hart and Fuller and Hart and Devlin and what these debates add to our understanding to the link between law and morality. It will be argued and concluded that morality plays an important and essential role in our understanding of our legal responsibilities. It will recognise that there has been a long association between morality and law and that traditionally law has been associated with religions, customs and divinity. The Hart – Fuller Debate To understand Hart’s criticism of Fuller it is important to familiarise and understand the eight principles of the â€Å"inner morality† of the law that Fuller asserts and how in his view law and morality are intertwined. Fuller asserts that: A legal system must be base on or reveal some kind of regular tends. As such law should be founded on generalisations of conduct such as rules, rather than simply following arbitrary adjudication. Laws must be publicised so that subjects know how they are supposed to behave. Rules will not have the desired effect if it is likely that your present actions will not be judged by them in future. As such, retrospective legislation should not be abused. Laws should be comprehensible, even if it is only lawyers who understand them Laws should not be contradictory. Laws should not expect the subject to perform the impossible. Law should not change so frequently that the subject cannot orient his actions to it There should not be a significant difference between the actual administration of the law and what the written rules say These criteria are in the form of moral rules of duty. Fuller expresses them as principles or goals; generality of laws; promulgation of laws; minimising the use of retrospective laws; clarity; lack of contradiction; possibility of obedience, constancy through time; consistency between the words and practice of law[1]. Hart’s criticism of Fuller’s eight principles of â€Å"inner morality† of law must be understood. These principles, which loosely describe requirements of procedural justice, were claimed by Fuller to ensure that a legal system would satisfy the demand of morality, to the extent that a legal system which adhered to all of the principles would explain the all-important idea of â€Å"fidelity to law† In other words, such a legal system would command obedience with moral justification. Fuller’s key idea is that evil aims lack a â€Å"logic† and coherence that moral aims have. Thus, paying attention to the â€Å"coherence† of the laws ensures their morality. The argument is unfortunate because it does, of course, claim too much. Hart’s criticism is that we could, equally, have eight principles of the â€Å"inner morality† of the poisoner’s art. Or we can improvise further[2]. We can talk of the principles of the inner morality of Nazism, for example, or the principles of the inner morality of chess. Fuller’s explanation of the Nazi regime is insufficient and flawed, and we must take on Hart’s analysis. Fuller argues that the Nazi regime was so intrinsically evil that it could not be law, this it is argued, is not a sufficient conclusion. The point is that the idea of principles in themselves with the attendant explanation at a general level of what is to be achieved and consistency is insufficient to establish the moral nature of such practices. This was that there is an important sense of legal justification that claims made in the name of law are morally serious. At the least, the person who makes a genuine claim for legal justification of an immoral, Nazi-type legal system must believe that there is some moral force to his claim. Against Fuller, Hart insisted that the identification of a directive as law indicated nothing about the moral authority of that directive and thus nothing about whether that directive should be obeyed[3]. Consequently, claimed Hart, official and citizen disobedience to immoral directives would be facilitated not by pretending that such directives failed to qualify as legal just because of their perceived iniquity, but rather by internalising the fundamental positivist insight that law and morality were conceptually distinct. Because of this conceptual distinction between law and morality, Hart argued, a directives legality said nothing about its morality[4] The Hart- Devlin Debate Again, it is important at the outside to understand Devlin’s approach to law and morality, before considering Hart’s criticism of his approach. In â€Å"The Enforcement of Morals[5]† Devlin supported the view that law should not tolerate that which the reasonable man finds disgusting. Society needs a moral identity, because it is the moral values of society that make it cohere. For Devlin, even private acts of immorality can weaken the fabric of society if they are sufficiently grave. The balance that Devlin seeks to achieve is placed in the context of the political morality of contemporary society, where toleration is itself a prime moral principle. Thus there â€Å"Must be toleration of the maximum individual freedom that is consistent with the integrity of society[6]†. Devlin’s justification for the legal enforcement of morality is an extension of the harm principle to a perceived threat to society, rather than harm to other individuals. This seems quite a reasonable proposition. However this test is one that masquerades as (1) a relevant test for the principle and (2) an objective test. Devlin’s reasonable man is not asked in sociological terms what immorality is actually threatening to society. He is asked, instead, what he feels disgust at. Further he asserts that whilst the reasonable man test is employed as a way of alienating a courtroom issue from the subjective opinions of parties to a particular legal issue, it does not necessarily have the same effect in this situation. Devlin employs the term reasonable man to give the impression of objectivity. However it is a fiction to suggest that there is a reasonable man when it comes to difficult moral issues. The reasonable man of legal fiction is one who employs practical reason and due consideration when acting. However, all the practical reason and due consideration in the world will not change the preferences an prejudices that embody disgust. On the issue of homosexuality, many people intellectually feel that people’s sexual orientation is not a matter for legal intervention, but they nonetheless find homosexual acts to be repellent. The reasonable man test is thus a spurious validation for prevailing societal aesthetics, rather than a test of what society fe els to be threatening[7]. Devlin’s view should be contrasted with the view of Hart. In Law, Liberty and Morality[8], Hart recognises that there does not seem to be any real widely shared morality, and there can be no freedom if we are compelled to accept only those things that others approve of. Hart notes that there are certain constants of the human condition, which he terms the minimum content of natural law, such as the vulnerability of human beings. If we disregard these sociological facts it would be tantamount to suicide. But beyond these facts, society is faced with a choice of what rules to adopt in order to protect us from the frailties of the human condition[9]. Hart seems to assert that since the development of a society is a collective odyssey, the values that a society has adopted for its preservation and progress constitute a shared morality of sorts. This does not mean that the norms that a society has accepted and retained are ones that are logically necessary for the achievement of social preservation. However, they are instrumental in the maintenance of social cohesion. For this reason he would not accept Devlin’s analogy of deviation from moral norms with treason against society[10]. It may be that a change in morality can result in friction, but i t need not result in the collapse of society. Hart also adopts the harm principle, but denies that consent can be used as a mitigating factor. Equally, immoral acts in public may be harmful to others and, as such, open to legal censure, whereas acts in private should not be a matter for the law. His justification is that while the first is the legitimate prevention of harm, the latter is the enforcement of the societal will over the individual. Hart finds paternalism justified, but not enforce morality per se. Conclusion These theories forwarded create good arguments both for and against the inclusion of morality in law. A more complex case for the non-separation of laws and morals have been made more recently by Detmold: â€Å"Hart’s mistake†¦. Was to try to run two incompatible analyses together; the analysis of sociological statements, where existence can be separated from bindingness and thus from moral statements; and the analysis of internal normative statements, where it cannot. The Concept of Law suffers throughout from a failure to separate these things[11]† This is a true anylasis of Hart’s theories, and it was said at the introduction that it would be concluded that morality was a necessary part of the law and indeed it was important in helping society to understand its moral obligations, this is concluded. However it is difficulty to reach these conclusions, when the definition of morality is considered, it is such an abstract concept is it even possible to pin it down to a definition? It suffices to say that there is no requirement to look outside information or reason in order to find and answer to some moral dilemmas. Often moral feelings run against he grain of other people’s views and even our own reasoning. As such, morals defined in this way are capable of producing infinite disagreement, since different people’s consciences dictate different things. Considering morals in this light suggests that there is absence of universal agreement, if this is the case, how can they effect our understanding of our legal obligations? This would mean that the legal obligations of one person are not necessarily that of another person, this said it follows that what is legally wrong finds its basis somewhere and it is suggested that this base is morality. Although it should be recognised that no all laws are moral- this means that our understanding of the legal/moral argument whilst added to by the debates of Hart, Devlin and Fuller, is not concluded, and it is unlikely that it ever will be. Bibliography Journal Articles Curzon L, (1992) â€Å"Jurisprudence: The Hart-Fuller Debate† Student Law Review 1992 6 (Sum) 55-56 Hayry H, (1991) â€Å"Liberalism and Legal Moralism: The Hart-Devlin Debate and Beyond† Ratio Juris 4(2) 202-218 Schauer F, (2005) â€Å"The Social Construction of the Concept of Law: A Reply to Julia Dickinson†, Oxford Journal of Legal Studies 25 (493) Books Devlin P, (1965) â€Å"The Enforcement of Morals†, Oxford University Press, Oxford Detmold M J, (1984) â€Å"The Unity of Law and Morality: A Refutation of Legal Positivism†, London: Routledge Kegan Paul Doherty M, (2003) â€Å"Jurisprudence: The Philosophy of Law†, Third Edition, Old Bailey Press Fuller L, (1969) â€Å"The Morality of Law† Yale (reprinted 2003) H L A Hart, (1963) â€Å"Law, Liberty and Morality†, Oxford University Press, Oxford Lloyd D, (2001) â€Å"Lloyd’s Introduction to Jurisprudence†, Seventh Edition, London, Sweet and Maxwell 1 Footnotes [1] See Fuller L, (1969) â€Å"The Morality of Law† Yale (reprinted 2003) [2] See Doherty M, (2003) â€Å"Jurisprudence: The Philosophy of Law†, Third Edition, Old Bailey Press [3] See further Curzon L, (1992) â€Å"Jurisprudence: The Hart-Fuller Debate† Student Law Review 1992 6 (Sum) 55-56 [4] Schauer F, (2005) â€Å"The Social Construction of the Concept of Law: A Reply to Julia Dickinson†, Oxford Journal of Legal Studies 25 (493) [5] Devlin P, (1965) â€Å"The Enforcement of Morals†, Oxford University Press, Oxford [6] See Devlin P, (1965) â€Å"The Enforcement of Morals†, Oxford University Press, Oxford [7] See See Doherty M, (2003) â€Å"Jurisprudence: The Philosophy of Law†, Third Edition, Old Bailey Press for further discussion on this point [8] H L A Hart, (1963) â€Å"Law, Liberty and Morality†, Oxford University Press, Oxford [9] Lloyd D, (2001) â€Å"Lloyd’s Introduction to Jurisprudence†, Seventh Edition, London, Sweet and Maxwell [10] For further discussion generally see Hayry H, (1991) â€Å"Liberalism and Legal Moralism: The Hart-Devlin Debate and Beyond† Ratio Juris 4(2) 202-218 [11] Detmold M J, (1984) â€Å"The Unity of Law and Morality: A Refutation of Legal Positivism†, London: Routledge Kegan Paul

Shakespeare And Kingship Essay -- William Shakespeare Kings Essays

Shakespeare And Kingship In writing his history plays, Shakespeare was actually commenting on what he thought about the notion of kingship. Through his plays, he questions the divine right of kings, which the kings and the aristocracy used heavily in their favour to win the people's love. In Macbeth, King Richard II and King Henry IV part 1, Shakespeare shows us his opinion of kingship in general. Although the plays are written about individual kings, I think that Shakespeare used the plays as an opportunity to voice his opinion on kings and kingship in general. This was assisted by the fact that he was not prohibited by the true events, because it is well known that all of Shakespeare's plays were written purely for entertainment value, not as a historical record of what occurred. The main notion of kingship that Shakespeare attacks in Macbeth, King Richard II and King Henry IV, is the divine right of kings, where the kings claimed that they were God's counterpart on Earth, and a 'step up' in divinity from the other aristocrats and the common people. In his plays, Shakespeare depicts the kings, and Hal, in King Henry IV, as people who were not, or at least did not act like the direct descendants of God. In Macbeth, he commits treason and murder, the two worst crimes of the day, and neither Duncan nor Macbeth were saved by God, who, according to the theory of the divine right of kings, should have saved Duncan and then Macbeth. When they were killed, they were both king, and therefore the right-hand man of God, the creator, who controls the entire world and who could have stopped them from being killed. In Richard II, Richard bankrupts the country with his blatant mismanagement and his excessive spending on his 'favourites', who are already rich aristocrats, while ignoring the common people who are living in poverty. Richard's behaviour leads to both the aristocracy and the common people disliking him. The aristocrats disliked him because he was bankrupting the country, which they did not like because they were proud to be English and wanted their country to dominate for many more years. The common people disliked Richard because they were living in poverty while Richard was spending huge amounts of money on people who were already wealthy. What Richard did is not the sort of behaviour that is expected from God's representative on Earth, and S... ...he other extreme of kingship - while Macbeth and Richard disregarded the common people, Hal was one of the common people. King Henry fits right into the middle and I think would, by Shakespeare's standards be a perfect king, if only his claim to the throne could not be questioned, particularly the murder of Richard and the "voyage to the Holy Land | to wash this blood from my guilty hand" , which he still hadn't done in the opening scenes of King Henry IV, about a year later. Much of the things that the kings in the plays do may not be an altogether true representation of what they, or even the kings of Shakespeare's day were like. Most of what Shakespeare comments on is his personal opinion - it is he that thinks the kings mistreated and disregarded the common people and he that did not believe in the divine right of kings. It is also important to remember that all of Shakespeare's plays, even the historical ones were above all, written to be entertaining and to impress the Elizabethan audience that they were aimed for. Shakespeare did not write the plays as historical references, but instead as interesting and exciting plays that would make for good, entertaining theatre. Shakespeare And Kingship Essay -- William Shakespeare Kings Essays Shakespeare And Kingship In writing his history plays, Shakespeare was actually commenting on what he thought about the notion of kingship. Through his plays, he questions the divine right of kings, which the kings and the aristocracy used heavily in their favour to win the people's love. In Macbeth, King Richard II and King Henry IV part 1, Shakespeare shows us his opinion of kingship in general. Although the plays are written about individual kings, I think that Shakespeare used the plays as an opportunity to voice his opinion on kings and kingship in general. This was assisted by the fact that he was not prohibited by the true events, because it is well known that all of Shakespeare's plays were written purely for entertainment value, not as a historical record of what occurred. The main notion of kingship that Shakespeare attacks in Macbeth, King Richard II and King Henry IV, is the divine right of kings, where the kings claimed that they were God's counterpart on Earth, and a 'step up' in divinity from the other aristocrats and the common people. In his plays, Shakespeare depicts the kings, and Hal, in King Henry IV, as people who were not, or at least did not act like the direct descendants of God. In Macbeth, he commits treason and murder, the two worst crimes of the day, and neither Duncan nor Macbeth were saved by God, who, according to the theory of the divine right of kings, should have saved Duncan and then Macbeth. When they were killed, they were both king, and therefore the right-hand man of God, the creator, who controls the entire world and who could have stopped them from being killed. In Richard II, Richard bankrupts the country with his blatant mismanagement and his excessive spending on his 'favourites', who are already rich aristocrats, while ignoring the common people who are living in poverty. Richard's behaviour leads to both the aristocracy and the common people disliking him. The aristocrats disliked him because he was bankrupting the country, which they did not like because they were proud to be English and wanted their country to dominate for many more years. The common people disliked Richard because they were living in poverty while Richard was spending huge amounts of money on people who were already wealthy. What Richard did is not the sort of behaviour that is expected from God's representative on Earth, and S... ...he other extreme of kingship - while Macbeth and Richard disregarded the common people, Hal was one of the common people. King Henry fits right into the middle and I think would, by Shakespeare's standards be a perfect king, if only his claim to the throne could not be questioned, particularly the murder of Richard and the "voyage to the Holy Land | to wash this blood from my guilty hand" , which he still hadn't done in the opening scenes of King Henry IV, about a year later. Much of the things that the kings in the plays do may not be an altogether true representation of what they, or even the kings of Shakespeare's day were like. Most of what Shakespeare comments on is his personal opinion - it is he that thinks the kings mistreated and disregarded the common people and he that did not believe in the divine right of kings. It is also important to remember that all of Shakespeare's plays, even the historical ones were above all, written to be entertaining and to impress the Elizabethan audience that they were aimed for. Shakespeare did not write the plays as historical references, but instead as interesting and exciting plays that would make for good, entertaining theatre.

How Can Inter-Proffesional Working Improve the Quality of Health Care

Using appropriate literature this paper will attempt to examine the ways in which interprofessional working can improve the quality of health care. Concepts of interprofessional working will be looked at. Examples observed or carried out on assessment ward in the mental health practice area will be drawn upon to explore the concepts of interprofessional working and quality. Issues relating to interprofessional working will be identified and will explored based on experience. ‘Quality’ is very difficult to define so this will be attempted using certain criteria.The report ‘High Quality Care for All’ published by Lord Darzi (DOH 2009) equates higher quality care with improvements to patient services i. e reducing waiting times for meetings and health care interventions. Also, by giving power to the general practitioner, the report aims to change the way NHS budgets are run. According to the NMC (2008), Nurses must work together with carers, patients, communiti es, groups and other organisations while taking into account their needs and strengths.They must promote health and well being while empowering people to make to make choices and decisions to promote their own self-care. Interprofessional working is an essential concept of the Nursing and Midwifery Council requirement for any qualifying nurse to be deemed competent. This essay will focus on an assessment ward, in a mental health unit at a general hospital. Seeing how important interprofessional working is, key issues affecting interprofessional working will be explored.According to Day (2006), 3 major factors affect interprofessional working. These are systemic, organisation and interactional factors. Systemic factors are factors outside of the organisation that have an impact, be it positive or negative on this organisation. Professional socialisation, professional language, professional tribes and territories, professional codes of conduct and professions/professionalism are all d ifferent aspects of this factor. An example of a key issue would be articulating professional identity.If nurse doesn’t know what unique role they play as a nurse, they will be unable to effectively work together with other professionals. Another factor is the organisational factor. This relates to factors of setup and framework within the organisation. For example, lack of staff during a shift can cause a serious problem cause communication breakdown between management and nursing/healthcare assistants. The last factor that Day (2006) pointed out was the interactional factor.Interactional factors relate to a process of collaboration that occurs between two individuals. Lack of communication, lack of willingness to collaborate and professional stereotypes all come under this factor. Now the factors that can affect interprofessional working have been covered, looking at what works effectively within the chosen admissions ward under the mental health unit is the next step. When looking at those systemic factors it’s apparent that professional language is very important and used through-out the ward among professionals to communicate.For example the nurse asked the student to do go do a UDS screening and some vital obs on patient B. The student nurse is familiar with this professional jargon and carries out what has been asked where as if this was asked of someone on the ward for the first time they would not know what to do. A way to solve this would be to keep professional jargon strictly among professionals and to make communication between a patient and a professional as clear and easy-to-understand as possible.The NMC professional codes of conduct are referred to a lot on the ward when dealing with students and the hospital trust policy is also referred to in an attempt to make all students aware of expectation to pass their respective placements. How does this relate to interprofessional working? Professional codes of conduct always promote go od interprofessional working, for social workers the GSCC (2002) states ‘recognising and respecting the roles and expertise of others from other agencies and working in partnership with them’, for doctors the GMC (2001) states ‘Respect the skills and contributions of your colleagues.Communicate effectively with colleagues within and outside of the team. On the ward, professional socialisation problems were not very apparent because the health care professionals present during meetings were always willing the take on board the different philosophies and theoretical bases present during the meeting and try to reach a common goal for the patient. Open discussions on different perspectives can help other professional overcome this problem.When looking at organisational factors on the ward, the ward appears very well structured as everyone knows what to do any point during the day. The use a of a white board to write down the duties and responsibilities of the professi onals based on the ward made it clear ‘who was doing what’ and limited any confusion. The ward design and function aid interprofessional working by bring all the professionals together regularly and by allowing them to use the same meeting rooms.The regular team meetings also greatly improves interprofessional working on the ward and ward rounds always comprise of health care assistants and nurses who effectively pass on informationâ€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"â€Å"1n from the previous shift to the staff taking the new shift. The doctors round is similar because nurses doctors, ward managers and some other health care professional may be present to discuss patient on a case by case basis. The use of Rio (the intranet patient dat abase) is invaluable as an effective interprofessional tool.Patients are accessible by all health care professionals and progress notes are regularly recorded for patient by a variety of professional so reading through on the ward can give a clear picture of what’s the patient’s current progress. A good team leader is also important in term of interprofessional working. On the ward, the team leader is an essential component. She/he can make or break a ward structure. In this case the ward manager was excellent, friendly, professional and willing to solve any problems that occur between members of staff.The interactional factors also affect the interprofessional working on the ward. Professional stereotyping doesn’t occur much on the ward because most all of the staff come from a wide variety of countries and religions so there is a lot of mutual respect. Professional stereotyping of patients wasn’t a frequent thing but did occasional happen i. e a nurse e xpecting a patient to behave a certain way because of their racial background. Generally negative stereotyping should be frowned upon but positive stereotyping of patient which would improve their outcome should be capitalised on.Way to reduce this would be interprofessional education courses. Issues with lack of communication on the ward were not frequent but did occur. Staff forgetting to mention or document key occurrences or incidents during the day, lead to a few problems with interprofessional working as the doctors could not act on information they did not have. Having had time to look at different issues on the ward and solutions as to how to solve them, the barriers of interprofessional working otherwise not highlighted previously will be looked at.Lack of knowledge about other professionals can cause a break down in interprofessional working. Knowing the different roles people play will aid you when needing to refer a patient or when a patient is concerned with a particula r issues you cannot handle yourself professionally. For example a patients housing issues should be handle by his/her social worker. Another issues is the different levels of authority most systems in healthcare have. This can create a lot of interprofessional working barriers.For example, nurses might find it difficult to communicate with a senior manager because of concerns about their position. Sharing information can also become a barrier when professional do not share all the information they have received regarding a care in their care. This can put other professionals at risk by then giving patients care, without taking into account what the last outcome was. For example, a patient telling a social worker that he cant have ibuprofen tablets because they make him sick.This information not being passed on to the Mental health team could result in ibuprofen being prescribed for him and he subsequently becoming very ill. Conflict can occur regarding the relationship with the pati ent. If a professional is over familiar with the patient it could lead to an impaired judgement and therefore conflict with the mental health team. Team size on the ward also affects the way in which professionals can perform their duties and interact with the other professionals. Conflict can arise if the team is understaffed.Resentment towards management, a lack of willingness to co-operate, undermined patient care can all emerge if these issues are allowed to continue. According to Goodman and Clemow (2010), several strategies can be used to improve interprofessional working which in turn will improve the overall care given to the patient and by definition, the quality of care will improve. Clinical supervision and engaging in reflection. The use of managerial support The development of realistic expectations Reinforcement of professional identityEvaluating current roles and practices Training and education for interprofessional working These are very effective strategies to mini mise barriers in effective communication. Clinical supervision is very important in ironing out minor issues and the communication lines open and transparent. The use of reflection as a tool to improve interprofessional is very good. Reflection can help a professional analyse and review the way in which they have been communicating. Was it effective enough? Was all the information passed on? Was it all understood?Was the information relevant? How was my tone of voice? Was i being fair? These are some of the question a professional can ask themselves to improve their communication with other professionals. Managers are their to support the professional on the ground. The proper use of manager to support any issues or problem you may be having with another professional is essential. People are very diverse and working in a large team of different personalities and philosophies will lead to conflict so it’s important to use the managerial support available to all on the team.Exp ecting realistic outcomes can really improve the interprofessional working because when professional work together they sometimes rely on a number of steps to be completed before, they can start their aspect of patient care. Having an understanding of the workload, stresses and time management issues another professional faces prevent barriers in communication from occurring. The use of badges, uniforms and i. d cards help reinforcement professional identity and improve interprofessional working. If it’s clear what roles a professionals serve the moment they approach any professional on the ward.It grants immediate trust in their role and improves their communication. Reflecting on the formative assessment. It was a very rich learning experience and proved how difficult it is to work in a team when people have serious difference in opinion. At one point the people were excluded from the group and things got very uncomfortable but in the end, we were able to push through our d ifferences and work out an essay which we all agreed to present. Our topic was learning and disabilities and the group scenario was based on my experience in a learning and disabilities placement.So I wrote the scenario which was used during the essay. It was a very good experience from me to reflect on placement and see how my experience on placement was represented in terms of an interprofessional working presentation. To summarise, the topic was introduced and attempts to identify the concepts of interprofessional working and ‘quality care’ were made. A practice setting was identified and was subsequently used to give examples. Following the introduction factors that contribute to interprofessional working were explored. Advantage and disadvantages of interprofessional working were highlighted.Key issues of interprofessional working were identified. These barriers were explained using examples and personal experience in the practice setting. These barriers were explo red in depth and examples were given. Lastly, several strategies were identified that would improve interprofessional working and would prevent barriers from occurring. These were explored and examples were also given. Now that interprofessional working has been explored, the effect is has on professionals, the practice area, the structure of the hospital, the interactions between professional and ultimately the patients.The concept of Quality care explain by Lord Darzi states a number of ways to improve services, patient waiting times, GP involvement in budgets but most importantly it is implied that making improvements between service and their professional i. e interprofessional working will directly improve the quality of care. This essay has tried to show the effects of interprofessional working on professional will always translate to the patient, be it negatively r positively. It is up to the professional of the current of future generations to make sure that our interprofess ional working improves the care we give our patientsREFRENCE LIST Barrett, S. T. (2005). Interprofessional Working in Health and Social Care. China: Palgrave Macmillian Codes of practice. [online] (2010). General Social Care Council. Available from: http://www. gscc. org. uk/cmsFiles/Registration/Codes%20of%20Practice/CodesofPracticeforSocialCareWorkers. pdf [Accessed on April 5 2012] Day. (2006). Inter-professional Working; an essential guide for health and social care professionals. Cheltenham: Nelson Thornes Department of Health. [online]. (2009). High Quality Care for All: Our journey so far. Available from: http://www. h. gov. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_101670 [Accessed on April 5 2012] Ellis, G. K. (2006). Interpersonal Communication in Nursing: Theory and practice. (2nd ed). London: Elsevier Goodman, R. C. (2010). Nursing and collaborative practice: A guide to inter-professional learning and working. (2nd ed). Cornwall: Learn ing Matters Healthcare Policy. [online]. (2005). British Medical Association. Available from: http://www. bma. org. uk/healthcare_policy/healthcarerural. jsp? page=12 [Accessed on April 5 2012]

The Pros and Cons to Physical Education

The Pros and Cons of Physical Education Most of us remember gym class. For many of us, it was the most hated or the most anticipated class. Those that were a little bit heavier or not as athletically inclined may remember the class as a nightmare, while others may remember it as the most exciting time of the day. Either way, physical education was required. Today, however, the necessity of physical education classes is up for debate. Parents, faculty, council members, and even the government are weighing the pros and cons of allowing physical education in school.I believe that even though the funding being used to pay for equipment and gymnasiums could be better spent on books and materials for other classes, physical education should stay in school because it provides healthy exercise for children and teens. It also gives the less fortunate but deserving children a chance to play and excel in sports. Obesity is a huge concern in America today. We see more children, teens and adults eating unhealthy foods and not receiving enough exercise than any other point in history.According to the American Academy of Child & Adolescent Psychiatry website, in 2008 between 16% and 33% of children and teens were considered obese . That is approximately one in four children who is over the suggested body fat limit for their age. What causes these children and adolescents to become overweight? Lack of exercise and a healthy diet are the main reasons. â€Å"In the 2009 edition of America’s Health Rankingsâ„ ¢, it is estimated that obesity will cost the United States about $344 billion in medical-related expenses by 2018, eating up about 21 percent of the nation’s health-care spending. (National Association for Sport and Physical Education. 2009) Though school system cannot control what these children do and eat at home but they can control the food they eat at school . The school system can also provide the minimum amount of exercise needed in a child’s life. By insisting that they attend and participate in at least 60 minutes of physical education a day, the school system is ensuring that each child is given a chance to exercise and a chance at a healthier lifestyle. Children, especially when started at a young age, are easy to mold.If they participate in daily physical exercise they are more inclined to establish a lifelong habit of daily exercise that will help to prevent obesity in adulthood and reduce the chance of expensive medical bills due to health issues in the future. There is, of course, a down side to physical education. Many children, but especially teens have self-esteem issues. If they happen to be a little bit overweight or advancing through puberty more rapidly than others or sometimes, for no reason at all these children feel the need to hide themselves.Unfortunately, a class like physical education is not the best place to hide. No parent wants his or her child to be miserable, which is why some parents are say ing that they believe the physical education class should not be mandatory. JoAnne Matthews-Saunders, a creative movement specialist, states that â€Å"few individuals, whether or not they have a disability, are willing to try new conce pts, and they are even less likely to try them while surrounded by their peers. The idea of â€Å"failing† is not a concept that anyone embraces. I, as an adult, have a difficult time when it comes to failing or not measuring up to some of my peers, especially when it concerns sports. Teens and children are the same but many, as yet, do not have the skills to accept the fact that they will not always be the best. This leads to feelings of defeat and again, low self esteem . Added to that, there is always peer criticism, which is very hard at any age but imagine a young person entering middle school or high school and being told that they would have to shower and dress with the other students of their gender .That alone could cause anxiety but for those students with self-esteem issues, in their mind it would be close to torture . There are, however, parents, teachers and other professionals who believe that physical education will raise a child's self-esteem. Professionals have stated that â€Å"youth receiving additional physical activity ten to show improved attributes such as increased brain function and nourishment, higher energy/concentration levels, changes in body build affecting self esteem, increased self esteem and better behavior†¦ (Cocke, 2002)(Tremblay, Inman, & Willms, 2000)(Dwyer, Coonan, Leitch, Hetzel, & Baghurst, 1983)(Shephard, 1997)(Scheuer, Mitchell, 2003). As one can see, there are conflicting opinions on the subject of allowing students to choose whether they want to participate in physical education. It would seem that the health benefits outweigh other arguments but parents and psychologists still suggest that the physical education class raises psychological issues. Another issue that has been raised is the cost of physical education classes.Many parents, faculty and concerned taxpayers believe that the money used to provide gym equipment, uniforms, fields, gymnasiums and the like could be better spent in different areas of the school There are so many schools that are lacking in materials, books and computers , the money being spent in physical education classes could be used to provide these items and perhaps give a child a better education then he or she may have otherwise received . According to the 2010 Federal Budget Update on US Department of Education Grants, the President is proposing a $78,000,000 budget towards the Carol M.White Physical Education Program. The website does state, however, that â€Å"the President has proposed a budget, but no Congressional action has been taken on the 2010 Education budget yet. At this point in the process, it we do not yet know which programs will materialize and at what amount. Congress may reject or change part or all of the proposed budget, though the President’s suggestions do seem to be more in line with Congressional efforts in recent years than the previous administration’s education proposals . † (2009) As one may be able to see, even Congress is debating the cost of school programs.There is no information stating how much of that funding would be going toward physical education classes but the question still remains of whether it should be used toward providing for other programs. While the placement of funding is still up for debate the fact that physical education classes provide a chance to play sports is not. At the private school I attended the school paid for the field and transportation for our sports but equipment, such as soccer balls, had to be donated or we would need to provide our own. My uniform, for example, and all other equipment I needed for my position as goal keeper, my parents had to purchase.Policies are different at every school and most state-fu nded schools supply the equipment needed. Even though some schools may, not every school provides transportation to and from home to extracurricular activities. For children whose families are unable to shuttle them back and forth to their practices and games when other transportation is unavailable, physical education is the only time they have any chance to play a spor t. It provides children and teens a chance for competitive exercise, companionship, teamwork and a desire to participate in sports and healthy activities outside of school.In the end everything boils down to the same question: Should physical education be mandatory? According to a report from Education. com â€Å"physical activity produces overall physical, psychological and social benefits. Inactive children are likely to become inactive adults. Physical activity helps children with controlling weight, reducing blood pressure, raising HDL (â€Å"good†) cholesterol, reducing the risk of diabetes, and improve d psychological well-being, including gaining more self-confidence and higher self-esteem. † (n. d. This statement as well as others that have been provided show that there are more benefits to mandatory physical education in schools such as health benefits, sports, and teamwork but the cost of the class and possible emotional stress still leave many questioning its necessity. I personally believe that the class should be mandatory. Children and teens should be allowed to make certain choices in their young live s but in this case I believe that it is in their best interest to participate physical education classes.

It is unclear when a contract is formed where Essays

It is unclear when a contract is formed where Essays It is unclear when a contract is formed where Essay It is unclear when a contract is formed where Essay It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Contracts are something that many people are confronted with every twenty-four hours, whether it be when a newspaper is purchased from a newsdealer to commercial contracts dealt with in the class of employment, in fact it has been suggested that the mean individual comes across some 25000 contracts in their life-time. [ 1 ] With the coming of the Internet, online retailing has become an mundane happening. Because of this, it is now of import to research how the jurisprudence associating to contracts is affected ; 1000000s of people all over the universe rely on the Internet on a day-to-day footing, buying a assortment of goods and services ; yet the manner these minutess are governed is non every bit clear as it ought to be. This essay will seek to research how, and more significantly, when a contract is formed via the Internet. If the jurisprudence of offer and credence does non readily use to contracts formed over the Internet, this essay shall seek to analyze how contracts are formed. As has already been mentioned, contracts are a cardinal portion of our day-to-day being and it is of import to get down this piece with a brief definition of what constitutes a contract. The chief portion of this essay will see the impressions of offer and credence and how, if at all, they have evolved to suit the Internet. As it is certain that the international legislative organic structures will hold monitored the state of affairs sing the formation of online contracts, their input shall be given some consideration with a general overview given. By utilizing text editions, diaries, articles and a little sum of Internet resources, this essay will try to determine at what point a contract comes into being via the Intern et and whether the rules of offer and credence do apply. Some consideration will besides be given to acceptance via the traditional postal service as there are some obvious similarities with the usage of electronic mail. On the face of it, there may be some similarities as to when credence occurs ; this essay will analyze this country. This essay will seek to give a clear apprehension how an country of jurisprudence that has multitudes of history traceable for 100s of old ages has been forced to accommodate to suit in with the oncoming of the technological epoch. Any illustrations given in this essay will be in the context of consumer minutess. Because of the planetary impact the Internet has had on our society, it is of import that clip is taken to see the issues environing legal power ; under which country’s legal power shall a peculiar contract be governed by? This shall merely be given really brief consideration as an in-depth analysis is beyond the range of this essay. Because the jurisprudence of contract is embedded in the common jurisprudence, there are many fluctuations on what a contract consists of. The definition that will be used throughout this essay will be taken from a lexicon of jurisprudence: â€Å"A lawfully adhering understanding. Agreement arises as a consequence of offer and credence, but a figure of other demands must be satisfied for an understanding to be lawfully adhering. ( 1 ) There must be consideration ( unless the contract is by title ) . ( 2 ) The parties must hold the purpose to make legal dealingss. This demand normally operates to forestall a strictly domestic or societal understanding from representing a contract. ( 3 ) The parties must hold capacity to contract. ( 4 ) The understanding must follow with any formal legal demands. In general, no peculiar formality is required for the creative activity of a valid contract. It may be unwritten, written, partially unwritten and partially written, or even implied from behavior. Certain minutess are, nevertheless, valid merely if effected by deed†¦or in writing†¦ . ( 5 ) The understanding must be legal. ( 6 ) The understanding must non be rendered void either by some common-law or statutory regulatio n or by some built-in defect, such as operative error. Certain contracts, though valid, may be apt to be set aside by one of the parties on such evidences as deceit or the exercising of undue influence.† [ 2 ] This is a comprehensive definition covering the chief facets of a contract, even though this essay is chiefly concerned with the jurisprudence sing offers and credence. The constructs of offer and credence will be considered farther throughout the class of this essay. An offer is considered to be a willingness to come in into a contract and must be clear, as once it has been accepted a binding contract is formed. Before the contract can be formed, there must be an credence of the offer. This can be given via words or behavior, although it was held in the instance of Felthouse v. Bindley [ 3 ] that silence is non plenty. The regulations associating to offer and acceptance have caused many instances to come before the tribunal. Many have non been capable of accommodating, although they have provided a overplus of instance jurisprudence on the topic. The usage of the Internet has revolutionised the commercial sector. This radical alteration has resulted in the demand for consideration to be given to the formation of on-line contracts. Nowadays, about all types of contract can be made via the Internet, although there are some which can merely be made in composing with both parties physically present. An illustration of this is the sale and purchase of land. Until such clip as the Land Registry can efficaciously implement a safe and unafraid method of subscribing a signature electronically, all contracts associating to the sale and purchase of land must be in composing. This is non the lone signifier of contract incapable of being formed online, but with the uninterrupted development of the Internet, it is envisaged that, at some point in the hereafter, all contracts will be formed online. At this point in the essay, it is of import to pull a differentiation between an offer and an invitation to handle. An invitation to handle should be regarded as an invitation to others to do an offer. The celebrated instance of Fisher v. Bell [ 4 ] is a good authorization on specifying an invitation to handle. A tradesman who displayed a switchblade in his store window was prosecuted for offering the knife for sale, which was a condemnable offense at the clip. In make up ones minding the instance, it was held that by exposing the knife, the tradesman was non offering the knife for sale but ask foring passers-by to originate dialogues. Similarly, in a supermarket, an offer is capable of being accepted or rejected at the check-out procedure [ 5 ] , intending that points in supermarkets should be construed as invitations to handle. A possible job of undertaking with an on-line retail merchant was encountered in September 1999 [ 6 ] . A retail merchant was found to be bespeaking on it’s web site that telecastings were available at ?3. The right monetary value should hold been ?300. Before the retail merchant could take stairss to rectify the job, people had placed orders for the telecasting at the advertised monetary value of ?3. Were the clients accepting the retailer’s offer or doing an offer themselves which gave the retail merchant the pick of accepting it or non? At the clip of telling, the clients provided their recognition card inside informations, which the retail merchant had the pick to decline these inside informations. Therefore, it would be safe to presume that the web site was an invitation to handle, in a similar manner as points in a store are invitations to handle. [ 7 ] There are several methods of instantaneous communicating, which can be used to convey credence of an offer. Possibly the most obvious signifier of instantaneous communicating is face-to-face contact. However, where the Internet is the medium of communicating, face-to-face contact with an on-line retail merchant is about impossible. A particular set of regulations are in topographic point for the postal service, known as the ‘postal regulation, ’ this was devised in the instance of Adams v. Lindsell [ 8 ] and allows an offer to be accepted at the point of posting the credence to the offerer. The thought behind this regulation is that one time a missive has been posted into a station box, the individual posting the missive loses all control of the missive and it comes into the control of the postal service. The tribunals have devised an attack to the usage of instantaneous communicating in relation to online contract formation. In the instance of Entores Ltd. v. Miles Far East Corporation [ 9 ] , a contract was formed through pass oning via teletypewriter. The complainants were located in London and made an offer, which was accepted by the suspects, who were based in Amsterdam. It was decided that the contract was made when the complainants received the credence. In his judgement, Parker LJ held: â€Å"that where parties are in each others’ presence or, though separated in infinite, communicating between them is in consequence instantaneous, there is no demand for any such regulation of convenience. To keep otherwise would go forth no room for the operation of the general regulation that presentment of the credence must be received. An acceptor could state: ‘I spoke the words of credence in your presence, albeit quietly, and you did non hear me, ’ or ‘I telephoned to you and accepted, and it matters non that the telephone went dead and you did non acquire my message ’ So far as Telex messages are concerned, though the despatch and reception of a message is non wholly instantaneous, the parties are to all purposes and intents in each other’s presence merely as if they were in telephonic communicating, and I can see no ground for going from the general regulation that there is no adhering contract until notice of the credence was receive d by the offeror.† By and large, the formation of an online contract is the same as the formation of an offline contract. The confusion environing on-line contracts arises when credence is considered. As an illustration, see if the marketer processes the customer’s order through the web site, but credence is made by e-mail. Is acceptance communicated when the marketer presses the ‘send’ button, when it leaves the seller’s e-mail system, when it enters the buyer’s e-mail system or when the purchaser reads it? A little differentiation shall be drawn between the Internet and electronic mail. However, as there is no uncertainty as to the relationship between the two, consideration will be given to both. It has to be said that the bulk of consumer minutess preponderantly take topographic point with small engagement of electronic mail. In some respects, it is rather reasonable to distinguish between the Internet and the usage of electronic mail. Minutess that are formed over the Internet are instantaneous, whereas the bringing of electronic mail may be delayed by hours and perchance yearss depending upon the sum of electronic traffic go throughing through the web. As the ultimate fate of an e-mail can be influenced by extrinsic factors, a more accurate analogy may be made with the postal service. The regulations sing negociating an offer must be considered. When an offer is accepted, if it seeks to add new footings to the offer, the original offer is destroyed and a counter-offer is made. The instance of Hyde v. Wrench [ 10 ] is a perfect presentation of this. Wrench offered to sell his farm to Hyde for ?1000. In response, Hyde said he would pay ?950. When this was declined, Hyde offered to pay the ?1000. The ensuing legal action held that Hyde’s counter-offer of ?950 had destroyed the offer to sell at ?1000. Unusually, non many instances sing contractual relationships created via the Internet have come before the tribunal. This is rather unusual sing that many goods and services have been available to buy online for several old ages. The instance of J. Pereira Fernandes SA v. Mehta [ 11 ] concerned an e-mail sent by the defendants’ helper on the defendant’s instructions, refering a debt. In the electronic mail, sent to the claimant’s canvassers, the suspect put frontward a proposal to refund the outstanding debt. The electronic mail was non signed, although it did include the defendant’s e-mail reference. The claimant’s canvassers were prepared to accept the offer and communicated this to the suspect explicating that they would direct him the necessary paperwork to formalize the understanding. The suspect neer received the paperwork. The claimant’s canvassers sought to implement the personal warrant given by the suspect in his electronic mail. At first case, it was held that the personal warrant given in the electronic mail was capable of being enforced. On leting an entreaty by Mr. Mehta, Judge Pelling Q.C. stated: â€Å"I have no uncertainty that if a party creates and sends an electronically created papers so he will be treated as holding signed it to the same extent that he would in jurisprudence be treated as holding signed a difficult transcript of the same papers. The fact that the papers is created electronically as opposed to as a difficult transcript can do no difference.† This judgement, given in the Chancery Division of the High Court, shows the bench is get downing to accommodate old contractual rules to embrace modern technological progresss. The International Chamber of Commerce’s Uniform Rules for Electronic Trade and Settlement put forward a proposal that offers and credences made electronically go effectual merely when it enters the information system of the receiver in a signifier capable of being processed on that system. [ 12 ] In order to appreciate the differences between offers and credences, the footings and conditions of several popular web sites have been looked at to measure the different points at which contracts become created. The first set of footings and conditions that were examined were those of Play.com. Paragraph 5 of the footings and conditions [ 13 ] provides: â€Å"No contract for the sale of any merchandise will exist between you [ the client ] and Play.com unless and until Play.com accepts your order by manner of an e-mail confirming that it has received payment in full for all the goods you have ordered. That credence will be deemed for all intents to hold been efficaciously communicated to you at the clip Play.com direct the electronic mail to you ( whether or non you receive that electronic mail ) . This verification e-mail sums to an credence by Play.com of you offer to purchase goods from Play.com or a 3rd party provider that is engaged on your behalf by Play.com† It is apparent that a contract will be merely be formed when Play.com send the verification electronic mail to the consumer. This will do for pass oning the credence to the consumer. Amazon.co.uk take a similar stance with paragraph 13 of their conditions of usage and sale [ 14 ] stating: â€Å"When you place an order to buy a product.. , we will direct you an e-mail corroborating receipt†¦Your offer represents an offer to us to buy a merchandise which is accepted by us when we send e-mail verification to you when we’ve dispatched that merchandise to you†¦That credence will be complete at the clip we send the despatch verification electronic mail to you.† Whereas Play.com accept the offer when they confirm reception of payment, Amazon.co.uk wait until they have sent a verification electronic mail corroborating they have dispatched the goods. The gadgetshop.com [ 15 ] differs somewhat as it makes proviso for the cancelling of the contract. In a similar attack to Amazon.co.uk, they merely accept the offer and reason the contract when despatch of the order occurs. With respects to the cancellation of the contract, paragraph 6 of the gadgetshop.com’s footings and conditions provides: â€Å"You may call off your contract with us for the goods you order at any clip up to the terminal of the 20 one yearss from the day of the month you receive the ordered goods. You do non necessitate to give any ground for call offing your contract nor will you hold to pay any penalty.† These methods of offering and accepting are all compatible with The Electronic Commerce ( EC Directive ) Regulations 2002, to be considered in the following portion of this essay. It should be noted that all the featured retail merchants send some signifier of collateral electronic mail. There have been many efforts to codify the jurisprudence associating to undertaking via the Internet. Because of the international nature of the Internet, many of the efforts at codification have been made by international administrations. In December 1999, the Organisation for Economic Co-operation and Development ( OECD ) agreed guidelines on the Electronic Commerce, the end of which was: â€Å".. that consumers shopping online should bask transparent and effectual protection that is non less that the degree of protection that they have in other countries of commercialism. Among other things, they stress the importance of transparence and information disclosure.† [ 16 ] The oncoming of the online contract has non avoided the attending of the European Union. A programme for regulative action was outline in â€Å"A European Initiative in Electronic Commerce† . [ 17 ] The Consumer Protection ( Distance Selling ) Regulations 2000 apply to contracts made by consumers when there is no face-to-face contact with the marketer. This would clearly use to all consumer-related contracts formed via the Internet. When these Regulations do apply, they allow the consumer to call off the contract by giving written notice. This option remains unfastened for a period of seven yearss after having the goods provided under the contract. Protection is besides given to the marketer when they offer things for sale via the Internet. Regulation 11 ( 1 ) ( B ) of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 18 ] provinces that a marketer shall do available to the consumer appropriate, effectual and accessible proficient agencies leting him to place and rectify input mistakes prior to the placing of an order. Regulation 12 provides that an ‘order, ’ as mentioned in 11 ( 1 ) ( B ) means the ‘contractual offer.’ Article 9 of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 19 ] provides that: â€Å"Treatment of contracts Member States shall guarantee that their legal system allows contracts to be concluded by electronic agencies. Member States shall in peculiar guarantee that the legal demands applicable to the contractual procedure neither create obstructions for the usage of electronic contracts nor consequence in such contracts being deprived the legal effectivity and cogency on history of their holding been made by electronic means.† This ensures that the tribunals must use the same contractual rules to online contracts as they do to contracts created off-line. Article 11 of the aforesaid Directive [ 20 ] goes on to state: â€Å"1. Member States shall guarantee, except when otherwise agreed by parties who are non consumers, that in instances where the receiver of the service topographic points his order through technological agencies, the undermentioned rules apply: the service supplier has to admit the reception of the recipient’s order without undue influence and by electronic agencies, the order and the recognition of reception are deemed to be received when the parties to whom they are addressed are able to entree them. Member States shall guarantee that, except when otherwise agreed by parties who are non consumers, the service supplier makes available to the receiver of the service appropriate, effectual and accessible agencies leting him to place and rectify input mistakes, prior to the placing of the order. Paragraph 1, first indent and paragraph 2 shall non use to contracts concluded entirely by exchange of electronic mail or by tantamount single communications.† It has been demonstrated that under English contract jurisprudence, the offer must be accepted before a contract is formed. This in itself will be sufficient recognition of the order, nevertheless, the Directive places a farther load on the retail merchant because they must so admit the credence the offer. Undoubtedly, because of the planetary nature of the Internet, it should ever be considered which legal power would be used to regulate the contract. Should a contract fail to advert the regulating legal power, an of import factor to be considered would be in what legal power was the contract finalised. In this regard, peculiar attending should be paid to the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, although any farther analysis of this country is beyond the range of this essay. In decision, those who enter into contracts over the Internet must be offered some protection. If the jurisprudence of offer and credence does non readily use to such minutess so the whole impression of e-commerce becomes unstable. When a contractual difference comes before the tribunals, the bench have to turn to instance jurisprudence, some of which is 100s of old ages old. Through broad reading of the judgements given in these old instances, the tribunals are able to widen many of the rules already in being. The judgement in J. Pereira Fernandes SA v. Mehta [ 21 ] merely goes to exemplify the court’s avidity to supply those who enter into any signifier of on-line understanding with some protection. There is surely a clear differentiation drawn between the usage of the postal service and the usage of instantaneous communications, such as electronic mail. The illustrations given within this essay have demonstrated that contracts are formed at somewhat different times: either when reception of payment is received or the goods purchased under the contract are dispatched. However, there is small uncertainty that contracts are formed. The legislative governments, such as the European Union, have clearly appreciated the fact that in order for a contract to be formed, there must be an offer, which must be accepted. This is a basic foundation of contract jurisprudence which has been embedded in the common jurisprudence system of this state for 100s of old ages. As a consequence, this essay seeks to differ with the averment that the jurisprudence of offer and credence does non readily use to minutess formed over the Internet. By working in concurrence, the usage of electronic mail and the Internet can get the better of the jobs that may be encountered with the formation of contracts over the Internet. 3734 words. It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Adams v. Lindsell ( 1818 ) 1 B A ; Ald.681 A European Initiative in Electronic Commerce hypertext transfer protocol: //www.bakernet.com/ecommerce/european % 20ini % 20ecom.pdf as at 25ThursdayJuly 2006. Bygrave, L.A. A ; Foss, M. International Consumer Purchases through the Internet: Jursidictional Issues pursuant to European Law. I.J.L A ; I.T. 2000, 8 ( 2 ) , 99-138. Conditionss of Use and Sale of Amazon.co.uk: hypertext transfer protocol: //www.amazon.co.uk/exec/obidos/tg/browse/-/1040616/ref=cs_hd_lp_3/026-2738009-7862032 # sale as at 26ThursdayJuly 2006. Directing 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal facets of information society services, in peculiar electronic commercialism, in the Internal Market, â€Å"Directive on Electronic Commerce.† Entores Ltd. v. Miles Far East Corporation [ 1995 ] 2 All E.R. 493 Felthouse v. Bindley ( 1862 ) 11 CBNS 869 Fisher v. Bell [ 1961 ] 1 Q.B. 394 Hyde v. Wrench ( 1840 ) 3 Beav. 334 IOLIS, 10ThursdayAnniversary edition, Law Courseware Consortium, School Of Law, University of Warwick. J. Pereira Fernandes SA v. Mehta [ 2006 ] EWHC 813 ( Ch ) Lloyd, Ian.Legal Aspects of the Information System. Butterworths, 2000. Martin, E.A. A Dictionary Of Law, Fifth Edition. Oxford University Press, 2003. Perritt Jr. , Henry. Law and the Information Superhighway. Wiley Law Publications, 1996. Pharmaceutical Society of Great Britain v. Boots Cash Chemists ( Southern ) Ltd. [ 1952 ] 2 All E. R. 456. Roger, Kevin. Signing your e-life off. 156 N.L.J. 833. Stone, Richard.The Modern Law of Contract, Fifth Edition. Cavendish Publication, 2002. Stone, Richard.Contract Law 2005-06, Sixth Edition. Cavendish Q A ; A Series, 2005. Footings and Conditionss of Play.com: hypertext transfer protocol: //www.play.com/HOME/HOME/navfoot/5-/AboutUs.html? page=terms as at 26ThursdayJuly 2006. Footings and Condtions of The Gadgetshop.com: hypertext transfer protocol: //www.thegadgetshop.com/pws/TAndC.ice as at 26th July 2006. Upex, R. A ; Bennett G.. Davies on Contract, Ninth Edition. Thomson Sweet A ; Maxwell, 2004. 1

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buy custom The Importance of Culture essay The importance of culture can not be ignored. Culture is inclined to the genetic evolution. It is the combination of language, rituals, knowledge, and belief that is passed around to make sense of the surrounding that one is staying. In addition, it drives the parts of ones behavior too. Culture is modified and changed as environment dictates. Understanding a person requires the knowledge of a persons cultural perspective. This requires the understanding of the common or shared interests, and the tribal perspective of the person. Thus, someone who has been Americanized is one who has been influenced by the cultures of the United States. When one is referring to someone in another country, this can be referred to the American values that have been corrupted by a person. However, in the United States, this refers to the satisfaction of being an American. Americanized person depends on ones race, ethnic background, upbringing, and culture. The significance of values in a culture has been influenced by the ethnic and racial familys ability to maintain culture and traditions. The principles, customs, and traditions that define the value of culture have been affected. The symbols and human activity, which give significance to the culture and traditions, have been influenced b the ethnic and racial families. Representation of culture through literature, traditions, costumes, art, and customs are not well exploited by the ethnic and racial families. Moreover, the environment has affected the lifestyles of the people, thus shaping their culture. This is so because; there are different cultures that exist in different locations of the world. Migration has led to the richness of cultural diversities, races, and ethnicities that are in the world. Those who migrate influence the religious customs, social support systems, and cultural norms. Thus, it leads to some form of cultural identity. In addition, assimilation, has led to the cultural values to be affected. The diverse racial and ethnic backgrounds, with different cultural and racial values affect the social values that exist. Assimilation will affect the racial, ecological, psychological, structural, demographic, and culture of a person. The social media like mobile phones, Twitter, and Facebooks, affect the cultural rituals and traditions. The cultures change due to the influence of what is seen or used in these media, books, and schools. This is because the languages and lifestyles in these locations are different. This is due to the genetic evolution of the cultural values of the people. In addition, the social mobility, with higher levels off education also influences culture. This is through the interactions that people have. The cultures are developed at the different work places are different as they provide different skills. The mindset of people in different parts of the world is what has brought the diversity of cultures. Cultural values are significant in identifying a community. This makes a community attain a character of their own, as it has a culture for the people. Members of a community do share a culture, and it is learned and passed through the generations. This is translated to symbols like religion, art, and language to maintain the cultural values. In addition, culture acts as a bond, to tie people of the same community or religion together. These common bonds are what bring people together. They can include; the food they eat, clothes they wear, the festivals they celebrate, and the cultural values that they follow. Moreover, culture is a social control in a society. It sets a standard behavior of the people. These cultural values are the basis of a persons principles in life. Thus, they affect a persons philosophies and principles in life. The influence culture has on a persons way of living, has a significant impact of his social life. Furthermore, culture is the link between people and the value systems in the society. Buy custom The Importance of Culture essay

How to Write SMART Goals and Objectives

How to Write SMART Goals and Objectives The  term SMART goals was coined by in 1954. Since then, SMART goals have become popular with business managers, educators and others because they work. The late management guru  Peter F. Drucker  developed the concept. Background Drucker was a management consultant, professor and the author of 39 books. He influenced many top executives in his long career. Management by objectives was one of his primary business theories. Effectiveness, he said, is the foundation of business, and the way to achieve it is to gain agreement between management and employees on the businesss objectives. In 2002, Drucker received the highest civilian honor in the U.S.- the Medal of Freedom. He died in 2005 at age 95. Instead of creating a Drucker legacy from his archives, Druckers family decided to look forward instead of backward, and they gathered distinguished business people to form  The Drucker Institute. Their mandate, states the institutes website, was to  transform the archival repository into a social enterprise whose purpose is to strengthen society by igniting effective, responsible and joyful management. Though Drucker was for years a successful business professor at  Claremont Graduate University, the institute helped to show how his management ideas- including SMART goals- could be applied to other areas, such as public and adult education. Goals for Success If you have been to a business management class, you have likely have learned how to write goals and objectives in Druckers way: SMART.  If you havent heard about Drucker, you are in for a treat that will help you achieve what you want  and be more successful, whether you are a teacher trying to help your students achieve, an adult learner or a person who seeks to achieve your dreams. SMART goals are: SpecificMeasurableAchievableRealisticTime-bound Writing  SMART  Goals Writing SMART goals for yourself or your students is a simple process if you understand the acronym and how to apply the steps it prescribed, as follows: S stands for specific. Make your goal or objective as specific as possible. Say exactly what you want to achieve in clear, concise words.M stands for measurable. Include a unit of measure in your goal. Be objective rather than subjective. When will your goal be achieved? How will you know it has been achieved?A stands for achievable. Be realistic. Ensure that your goal is feasible in terms of the resources available to you.R stands for realistic. Focus on the end results you desire rather than the activities necessary to get there. You want to grow personally, so reach for your goal- but be reasonable or youll set yourself up for disappointment.T stands for time-bound. Give yourself a deadline within a year. Include a timeframe such as a week, month or year, and include a specific date if possible. Examples and Variations A few examples of properly written SMART goals might be helpful here: Research tuition reimbursement and enroll in a degree program before the next employee review period.Complete a continuing education course in using spreadsheet software by June 1. You will sometimes see SMART with two As- as in SMAART. In that case, the first A stands for attainable and the second for action-oriented. This is just another way to encourage you to write goals in a way that inspires you to actually make them happen. As with any good writing, craft your goal or objective in an active, rather than passive, voice. Use an action verb near the beginning of the sentence, and ensure that your goal is stated in terms you can actually attain. As you achieve each goal, you will be capable of more, and in that way, grow. Personal development is often one of the first things to get deleted from the priority list when life gets hectic. Give your personal goals and objectives a fighting chance by writing them down. Make them SMART, and youll have a much better chance of attaining them.

President Obama Essay Example | Topics and Well Written Essays - 2000 words

President Obama - Essay Example The reality of his performance, however, has been subject to serious scrutiny. Barack Obama is the 44th president of the United States. Having a Kenyan father and spending some time in Indonesia, Obama is considered as a representative of the American Story of success (White House, 2011). He is also the winner of the 2009 Nobel Peace Prize. He made history in 2008 when he won the U.S. presidential election. But who is Barack Obama, the individual? Answering that question is much more difficult than it seems. Belonging to a family headed by a Kenyan father and his childhood spent in Jakarta definitely separates him from the long line of presidents hailing, almost exclusively, from the native land. More fruitful for understanding who he is and what he is about is the portrait of a highly ambitious politician with the self-assurance that stems from a stellar Ivy League record, a wife to match and early electoral successes. These are the traits that do not, as an understatement, represen t the average African American. Hence his ‘African Americanism’ is not part of his core identity. He is analogous to any previous or forthcoming American president in all relevant ways. We must, however, agree to acknowledge this accomplishment and consider it a benchmark for years to come. Despite his African American reality, Obama was able to attract scores of people to support him before being the president elect, and even before being the first choice candidate for the democrats. The enormity of his achievement is summarized by the fact that not only is he the first African American president, he is also one of the few presidents to live up to his word post election. Michelle Obama has also been a source of inspiration for many Americans. Not only is she the first African American lady, she is also a philanthropist, activist and ardent supporter of her husband’s policies. Her contribution is not limited to the advice she gives to her husband on the administr ative front, rather he unwavering support and love for the president acts as a source of peace and serenity. The president often quotes her to be as the source of love and calm in her life. She is not only fulfilling her duties as a first lady, she is also fulfilling her responsibilities as a mother, wife and patron of the family at the fullest. This is what any working man needs, and given the fact that her man is the most important man in the world, she is definitely not disappointing anyone in making life easy for him. Analyzing his reign: The first two years of Barack Obama’s reign saw the compilation of a substantial amount of policy accomplishment. The major changes and policy initiatives undertaken by his government include the economic stimulus ( meant to correct the mess created by years of non-regulation and poor foresight by previous policy makers), bringing a substantial recovery to the financial system, aiding two of the major auto makers of the United States, th e universal healthcare program, the increasing initiative and reform for financial regulation and significant changes in the foreign policy, especially with respect to Iraq, Afghanistan and Pakistan. The foreign policy of Barack Obama’s office is often compared with that of the President Bush’s reign. The Bush doctrine saw a turn in US foreign policy, marked by full scale militarization and the unilateralism in achieving the objective of defending the US security and its vital interest, irrespective of other countries, and by establishing US hegemony in the world. Obama’s foreign policy strategy aims at reaffirming US leadership in a changing

Choose a company to do your research on Paper Example | Topics and Well Written Essays - 1500 words

Choose a company to do your on - Research Paper Example Starbucks considers six guiding principles in accomplishing its mission. These principles include providing an idyllic work atmosphere and equal opportunities to workers. In addition, Starbucks embraces diversity as a way to do business, applying maximum standards to sourcing, roasting, and unsullied delivery of coffee to its consumers. Moreover, Starbucks aims at, â€Å"developing enthusiastically satisfied consumers, contributing positively to the communities and also recognizing that success is necessary for profitability† (Starbucks Global Responsibility Report, 2013). Starbucks has evolved in its commitment and has grown to promote environmentally and socially dependable practices that have resulted to its success. Starbucks considers social and environmental responsibility as an essential part of neighborhoods, as well as, business. Starbucks grant loans to people in need and also lengthens its emphasis on a range of programs that sustain and support cultural diversity. Starbucks is committed to preventing workplace injuries through rules placed to ensure safety of its workers and consumers; for instance, the introduction of digital brewing equipment such as espresso machines at Starbucks has reduced burns in workers (Starbucks Global Responsibility Report, 2013). Employees and customers are one of the most essential resources to Starbucks. All employees at Starbucks are eligible for Starbucks benefits and health care package, on top of a preliminary wage which is over the minimum wage. Moreover, the company endeavors to tender environmentally-s afe products. Starbucks makes noteworthy contributions to the environment, charities, and the homeless and supports AIDS research. Financially, Starbucks has had solid returns and earnings. The Company has managed to maintain healthy operations whilst generating sufficient

Buddhism and Hinduism Essay Example | Topics and Well Written Essays - 1750 words

Buddhism and Hinduism - Essay Example Even though there are countless religions, they all and each and every one of them serve the same purpose, i.e. they answer questions which interest all human beings at certain point of their lives - Why are we here How should I live my life What happens when I die Not only that, religion also helps people transmit their values from generation to generation and can influence the way people interact with their natural environment. Religion is there for us to teach us "how to see ourselves in light of the universe and gives purpose and meaning to life." (Wenner) Today's global society gives very good chances that within the lifetime of a person, he can very well meet people from all around the world, from every corner of our planet. So, understanding and tolerance to the religious beliefs of other people is one of the most important steps that mankind should make in order to "someday prosper together in peace." (Wenner) Hinduism is considered to be the oldest and most complex religion of the world. Trying to provide an adequate background and history of the development of Hinduism is a very difficult task, due to the fact that it has neither specific founder nor theology; it originated "in the religious practices of Aryan tribes who moved to India from central Asia more than three thousand years ago." (Wenner) Aryan tribes attacked and conquered the Harappan people who occupied the territories of modern India around 1500 BC. Eventually, through adaptation and assimilation of the religious beliefs of both groups, they created and developed similar systems of religious practices that were founded on both, polytheism of the Aryans and the sacredness and worship of fertility of the Harappan people. The mostly Aryan society soon developed the caste system, which divided society according to people's occupational class. The caste system ranked people in the following way: the highest caste was that of Brahmins (priests), then went Kshatriyas (class of warriors, soldiers and kings, who often fought wars, were also referred to this caste), third caste was for Vaishyas (merchants, laborers, farmers, craftsmen), the lowest caste was Harijahns, "the untouchables" (beggars; it is thought that people belonging to this caste descended from the aboriginal Harappans who were extremely poor and experienced discrimination). (Wenner) "The higher a person's caste, the more that person is blessed with the benefits and luxuries life has to offer. Although the caste system was outlawed in 1948, it is still important to the Hindu people of India and is still recognized as the proper way to stratify society. Since the early days of Hinduism, it has branched and now encompasses a wide variety of religious beliefs and religious organizations. Not only is it the primary religion of the region around India, but portions of Hindu beliefs have found their way across oceans to other countries and have been influential in the foundations of other religions, such as Transcendental Meditation and Buddhism." (Wenner) Perhaps, two qualities that distinguish Hinduism from all other religions of the world are, first, that being a Hindu you have absolute freedom what you believe in and whether you believe in anything at all or no will not prevent you from belonging to Hinduism. Indeed, in order to survive, Hinduism has to and does

Savage Inequalities and Their Impact on the Life Chances of Children Essay

Savage Inequalities and Their Impact on the Life Chances of Children - Essay Example It is generally considered that the process of tracking (education by separation) is a sort of discrimination and is likely to affect the performance and educational attainment of many students. While tracking is commonly done based on the abilities and performances of students, factors such as race, class, and language also act as determinants in tracking systems in many instances. Tracking based on color or race is quite dangerous as it harms the prospects of students of color to perform like their white counterparts. Many social scientists hold that â€Å"tracking is one of the most obvious mechanisms through which students of color and those from low-income families receive a diluted academic program, making it much more likely that they will fall even further behind they're white, middle-class counterparts† (Kendall, p. 356). Ultimately, tracking, in this sense, results either in dropping out of the school or ending up in â€Å"dead-end† situations where the studen ts become incompetent to pursue higher studies. The severity of the issue needs to be understood in the light that many of such school drop-outs later turn to be criminals or anti-socialists. Labeling and self-fulfilling prophesy are the other two forms of social inequality in education in the United States. The practice of labeling students as low achievers, gifted or talented based on standardized test scores or classroom performance has adverse effects on the educational attainment and subsequent career choices of many students who have been labeled as low achievers or slow learners. Such students are most likely to internalize the label attributed to them and this naturally prevents them from performing naturally.

Bronchial Asthma in the Age Group 6 to 11 years Essay

Bronchial Asthma in the Age Group 6 to 11 years - Essay Example In this age, children begin to learn to read and define objects in terms of use. Their time sense is as much in past as present. They are interested in relationship between home and neighborhood; knows some streets. That which is relevant to his condition was, they use sentences well; uses language to share others' experiences; may swear or use slang (Barnes, P., 1995). Psychosocially, these children still requires parental support, but pulls away from overt signs of affection. Play teaches the child new ideas and independence. The child progressively uses tools of competition, compromise, cooperation, and beginning collaboration. Body image and self-concept are fluid because of rapid physical, emotional, and social changes. The play pattern has significance to his illness. In this age, the child acts out ideas of family and occupational groups with which he has contact. When I started a conversation with him once he was stabilized, he said painting, reading, simple games, watching television, digging, running games, skating, riding bicycle, and swimming were all his enjoyed activities (Behrman, R.E., et al. Eds., 2003). In this age group, family atmosphere continues to have an impact on the child's emotional development, and he would need ongoing guidance in an open, inviting atmosphere. Limits should be set with conviction. It was important to deal with only one incident at a time. It was important to take care of the fact that the child should not feel humiliated. The parents must be aware of the environmental causes of bronchial asthma, and I made a mental note as to advise the parents that he needs assistance in adjusting to new experiences and demands of school and should be able to share experiences with family. While communicating with him, it was important to convey love and caring in communication. The child understands language directed at feelings better than at intellect. While communicating, it was better to get down to eye level with the child. In conformity to the psychological stage of this child's age group and due to the fact that he was in considerable anxiety, the child would nee d order and consistency to help in coping with doubts, fears, unacceptable impulses, and unfamiliar experiences (Davies, D., 2004). Pathophysiology of Bronchial Asthma: Asthma is a chronic inflammatory disorder of the airways in which many cells play a role, including mast cells, eosinophils, lymphocytes, neutrophils, and epithelial cells. In susceptible children, this type of inflammation causes recurrent episodes of wheezing, breathlessness, chest tightness, and cough, particularly at night and early morning. These episodes are associated with variable airflow obstruction that is commonly reversible spontaneously or with treatment. The inflammation also causes an associated increase in the existing bronchial hyperresponsiveness to a variety of stimuli. Airway inflammation is found in all children with mild,

Key Elements Of Hitchcock's Style Essay Example | Topics and Well Written Essays - 4000 words

Key Elements Of Hitchcock's Style - Essay Example "He's a prophet and a pusher - partly true, partly fiction, a walking contradiction." - Kris Kristoferson - quoted by Betsy in Taxi Driver (1976). Key elements of Hitchcock's style that promote the idea that he is an auteur of the cinematic medium are: 1) the way in which his passion and dedication to his own vision superceded external influences at the time to break new ground within the film industry. 2) The degree to which he directly participated in the film's creation. 3) His technical and theoretical consistencies across a range of films - including his innovative use of camera angles and movements to establish mood, his use of distortion and the uncanny to evokie feelings of suspense and horror, his use of timing to build anticipation, his refusal to adhere to standard narrative forms and his ability to utilise scenery, sound, aesthetics and symbolism to create a unified effect for a common purpose. Throughout Vertigo and Blackmail, Alfred Hitchcock's directorial fingerprint c an be evidenced in each film's cinematic techniques, aesthetic vision, dominant themes and stylistic consistencies. Each of these ingredients comprise Hitchcock's identity and classification within the theoretical school of auteurism - whereby the politique des auteurs ("the policy of authors")(Rohmer & Chabrol, 1957, 95) in the text. is governed by the director's own creative vision - bearing their own trademark style and transcending the limitations of mainstream demands and corporate economic considerations.

Bronchial Asthma in the Age Group 6 to 11 years Essay

Bronchial Asthma in the Age Group 6 to 11 years - Essay Example In this age, children begin to learn to read and define objects in terms of use. Their time sense is as much in past as present. They are interested in relationship between home and neighborhood; knows some streets. That which is relevant to his condition was, they use sentences well; uses language to share others' experiences; may swear or use slang (Barnes, P., 1995). Psychosocially, these children still requires parental support, but pulls away from overt signs of affection. Play teaches the child new ideas and independence. The child progressively uses tools of competition, compromise, cooperation, and beginning collaboration. Body image and self-concept are fluid because of rapid physical, emotional, and social changes. The play pattern has significance to his illness. In this age, the child acts out ideas of family and occupational groups with which he has contact. When I started a conversation with him once he was stabilized, he said painting, reading, simple games, watching television, digging, running games, skating, riding bicycle, and swimming were all his enjoyed activities (Behrman, R.E., et al. Eds., 2003). In this age group, family atmosphere continues to have an impact on the child's emotional development, and he would need ongoing guidance in an open, inviting atmosphere. Limits should be set with conviction. It was important to deal with only one incident at a time. It was important to take care of the fact that the child should not feel humiliated. The parents must be aware of the environmental causes of bronchial asthma, and I made a mental note as to advise the parents that he needs assistance in adjusting to new experiences and demands of school and should be able to share experiences with family. While communicating with him, it was important to convey love and caring in communication. The child understands language directed at feelings better than at intellect. While communicating, it was better to get down to eye level with the child. In conformity to the psychological stage of this child's age group and due to the fact that he was in considerable anxiety, the child would nee d order and consistency to help in coping with doubts, fears, unacceptable impulses, and unfamiliar experiences (Davies, D., 2004). Pathophysiology of Bronchial Asthma: Asthma is a chronic inflammatory disorder of the airways in which many cells play a role, including mast cells, eosinophils, lymphocytes, neutrophils, and epithelial cells. In susceptible children, this type of inflammation causes recurrent episodes of wheezing, breathlessness, chest tightness, and cough, particularly at night and early morning. These episodes are associated with variable airflow obstruction that is commonly reversible spontaneously or with treatment. The inflammation also causes an associated increase in the existing bronchial hyperresponsiveness to a variety of stimuli. Airway inflammation is found in all children with mild,