When we think about society, there is often a stark...

When we think about society, there is often a stark contrast between the controversy projected in the media that our society faces, and the mellow, safe view we have of our own smaller, more tangible, ‘local’ society. This leads us to believe that our way of life is protected, and our rights secured by that concept of society that has been fabricated and built upon. However, what if society were not what we perceive it to be, and the government chose to exercise its power in an oppressive manner? As a society we would like to think that we are above such cruelty, yet as The Lonely Crossing of Juan Cabrera by J. Joaquin Fraxedas recounts the state of Cuba in the 1990’s, we must also remember that all societies and governments view the†¦show more content†¦Juan vividly recalled the image of â€Å"the red and white splatter as a bullet smashed into Andres’s skull, scattering pieces of his brain on the water.† (Fraxedas 23). Andres lost his lif e doing something that could be perceived in numerous different ways. The severity of breaking the statuesque is primarily a matter of perception, and as seen in this book, the government often determines the perspective that its society sees and is exposed to. As the story progresses, the examples of risks change from those of the society rejected, to those that an individual faces when they do not belong to a society at all. There is safety in numbers and power in a group. Juan and Raul braved the fierce weather conditions without any protection that a vessel made by a larger group would offer, food that society could provide had to be left far behind, and yet, worst of all, after living the last few days of his life in these hellish conditions, Raul fell victim to the most primitive risk of all. It is almost like Raul knew it was going to happen, as if his demise was inevitable. At one point he voiced his concerns to Juan, uttering â€Å"I felt like I was never going to see land again.† (Fraxedas 51). Death by nature is not something that is considered to be a major risk from within the well-structured walls of safety that a society provides, and yet the absence of medical facilities, modern weapons, protection, or communication c an pose a major riskShow MoreRelatedThe Lonely Crossing of Juan Cabrera by Joaquin Fraxedas762 Words   |  3 PagesWhen we think about society there is often a stark contrast between the controversy projected in our media about the issues that our society faces and the mellow, safe view we have of our own smaller, more tangible ‘local’ society. This leads us to believe that our way of life is protected and our rights secured by that concept of society that has been fabricated and built upon during the course of our short lives. However, what if society were not what we perceive it to be, and the government choseRead MoreRacism in Disney Movies Essay5488 Words   |  22 Pagescreated especially for children can indoctrinate entire generations. Disney movies, like all other media â€Å"are powerful vehicles for certain notions about our culture,† such as racism. (Giroux 32). Racist scenes in Disney movies are often identified as simply being â€Å"symbols of th e time† when the films were produced. Furthermore, Disney racism is often passed over as simple humor, or as a simple guide to childrens understanding of cultures. These explanations of racism in the films are incompleteRead MoreOrganisational Theory230255 Words   |  922 Pagesshould we understand the organization? Jan Ole Similà ¤, Assistant Professor, Nord-Trà ¸ndelag University College, Norway I really enjoyed this new text and I am sure my students will enjoy it, too. 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Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesLandscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: Florence Luscomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral Societies in Ancient and Classical History Jack Metzgar, Striking Steel: Solidarity Remembered Janis Appier, Policing Women: The Sexual Politics of Law Enforcement and the LAPD Allen Hunter, ed., Rethinking the Cold War Eric Foner, ed., The New AmericanRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pagesfew even for decades. I hope you will find this new edition a worthy successor to earlier editions. I think this may even be my best book. The new Google and Starbucks cases should arouse keen student interest, and may even inspire another generation of entrepreneurs. A fair number of the older cases have faced significant changes in the last few years, for better or for worse, and these we have captured to add to learning insights. After so many years of investigating mistakes, and more recentlyRead MoreContemporary Issues in Management Accounting211377 Words   |  846 PagesFOREWORD ‘ Michael Bromwich is an exemplar of all that is good about the British tradition of academic accounting. Serious in intent, he has striven both to illuminate practice and to provide ways of improving it. Although always appealing to his economic understandings, he has been open to a wide variety of other ideas, recognizing their intellectual strengths and capabilities rather than making artificial distinctions between what is acceptable and what is not. He also has contributed widelyRead MoreHbr When Your Core Business Is Dying74686 Words   |  299 PagesTOP-TEAM POLITICS†¦page 90 WHEN YOUR CORE BUSINESS IS DYING†¦page 66 Y GE SE PA IN DS CK R M WA A 53 www.hbr.org April 2007 58 What Your Leader Expects of You Larry Bossidy 66 Finding Your Next Core Business Chris Zook 78 Promise-Based Management: The Essence of Execution Donald N. Sull and Charles Spinosa 90 The Leadership Team: Complementary Strengths or Conï ¬â€šicting Agendas? Stephen A. Miles and Michael D. Watkins 100 Avoiding Integrity Land Mines BenRead MoreStrategic Marketing Management337596 Words   |  1351 Pagesnature of marketing The management process Strategic decisions and the nature of strategy The marketing/strategy interface Summary xi xiii 1 3 3 7 11 19 37 41 43 45 45 50 53 70 71 75 77 79 79 80 81 86 88 89 101 102 104 107 109 Stage One: Where are we now? Strategic and marketing analysis 2 Marketing auditing and the analysis of capability 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Learning objectives Introduction Reviewing marketing effectiveness The role of SWOT analysis Competitive advantage and the value chainRead MoreStrategic Human Resource Management View.Pdf Uploaded Successfully133347 Words   |  534 Pageswhile physical assets are treated as investments. When employees are viewed as variable costs, there is little recognition of the firm’s contribution to their training or the costs of recruiting and training their replacements. Likewise, there is less incentive to provide training or make other investments in them. A respected human resource scholar described the existing state of affairs as follows: I am constantly amazed at the contrast between the concern that strategists show for potential capital

Sustainable development in the caribbean Free Essays

Introduction According to the International Institute for Sustainable Development sustainable development â€Å"is development that meets the needs of the present without compromising the ability of future generations to meet their own needs (IISD, 2011). Sustainable development in the Caribbean context can be viewed by looking at both the benefits and challenges it presents to the region. Some of the benefits associated to sustainable development, are â€Å"preserves functionality and diversity of system while providing a wide range of economic benefits. We will write a custom essay sample on Sustainable development in the caribbean or any similar topic only for you Order Now Promotes the diversification of forest products, and preserves the natural services provided by forests† (Mongabay.com, 2011). The challenges of sustainable development in the Caribbean are governance; governments are unable to adequately update laws and regulation or to implement them because most of the islands lack strong community level governing institutions. Vulnerability, the small size and open economies make the countries of the Caribbean highly vulnerable to external market conditions. They depend economically on fragile natural resources while geography exposes them to natural hazards, such as climate change. The epidemic of HIV/AIDS makes the Caribbean vulnerable as well. Human resources, even though there is a high literacy rate in the Caribbean, the educational system fails to deliver the necessary skills required to compete in the global market. The human resource pool that is already available in the Caribbean reduces as highly skill individual migrate with their skills and education (Unicef.org, 2004). These are the benefits and the challenges that can be looked at when discussing sustainable development in the Caribbean context. Reference IISD (2011). What is Sustainable DevelopmentRetrieved on 19 June 2011 from http://www.iisd.org/sd/ Mongabay.com (2011). Sustainable Development: Cost and Benefits. Retrieved on 21 June 2011 from http://rainforests.mongabay.com/10benefits.htm Unicef.org (2004). Sustainable Development Strategy for the Caribbean Region – 2005-2009. Retrieved on 21 June 2011 from http://www.unicef.org/lac/spbarbados/Planning/donors/USAID_Devplan.pdf How to cite Sustainable development in the caribbean, Essay examples

English Proficiency In Health Care Samples †MyAssignmenthelp.com

Question: Discuss about the English Proficiency In Health Care. Answer: Barriers and enablers to accessing care in patients who do not speak English Non-English speaking patients always remain at health disadvantages due to lesser access to fewer preventive services and access to care compared to English speaking patients. Language difference between care provider and patient, and the increase in the number of patients with limited English language proficiency is one of the major barrier to effective and quality care. Linguistic barrier contribute to misunderstanding among patients in the area of diagnosis, treatment and options to access care. This limitation in English language proficiency also increases the risk for adverse events in such patients compared to English speaking patients. They face difficulty in understanding instruction and thereby remain oblivious about the care options. Research has shown that patients with limited English language proficiency have greater risk of line infections, surgical delays, readmission in hospitals and longer hospital stays due to poor and timely access of health care service. The inter actions with health care staffs is seriously affected in such cases and worse health outcome is reported due to limited access to health care and fewer health care visits (Calo et al., 2015). Gap in language and communications in health care staffs also contribute to barriers in accessing care for limited English speaking patients. Evidence points out that when patients and physician do not speak same language,, effective communication process is affected contributing to poor access to high quality care. In case of an area with high percentage of limited English proficiency patient, hospital must provided patients with access to professional interpreters to decrease readmission rates and promotes time care and treatment of patients. Such situation also creates challenges for health care system because of rise in communication barriers due to language gap and this also affects the capability of the health care professional to provide high quality patients centered care (Karliner, Prez-Stable, Gregorich, 2017). Due to the increase in diversity of the patients population in terms of language and culture, more attention to mitigating language and cultural barrier is likely to act as enabler to improve access to care in patients who do not speak English. Access to professional interpreters is most effective in address language barrier in care delivery and improving communication between patients and care providers. Interpreters ensure that patients can use resources in a better way. Study also shows that professional interpreters decrease length of stay and rehospitalization rates in limited English speaking patients (Basu, Costa Jain, 2017). Poor language concordance between care provider and patient also contribute to dilemmas for physician in the delivery of care. Effective communication and employing other strategies to communicate with such patients also becomes difficult due to time constraints/ acuity of situations and ease of availability of translation aid. Physicians can overcome these difficulties if they get appropriate support from health care organization to understand patients concerns and make the right judgment. Team based approach an open line of communication may also mitigate the difficulties faced by non-English speaking patients (Parsons et al., 2014). As language and culture are closely linked to each other and they also results in differential access to case, focusing on cultural competency skills in health care staffs is also critical to improve accessibility to health care service (Betancourt et al., 2016). References Basu, G., Costa, V. P., Jain, P. (2017). Clinicians Obligations to Use Qualified Medical Interpreters When Caring for Patients with Limited English Proficiency.AMA Journal of Ethics,19(3), 245. Betancourt, J.R., Green, A.R., Carrillo, J.E. and Owusu Ananeh-Firempong, I.I., 2016. Defining cultural competence: a practical framework for addressing racial/ethnic disparities in health and health care.Public health reports. Calo, W. A., Cubillos, L., Breen, J., Hall, M., Rojas, K. F., Mooneyham, R., ... Garcia, N. (2015). Experiences of Latinos with limited English proficiency with patient registration systems and their interactions with clinic front office staff: an exploratory study to inform community-based translational research in North Carolina.BMC health services research,15(1), 570. Karliner, L. S., Prez-Stable, E. J., Gregorich, S. E. (2017). Convenient access to professional interpreters in the hospital decreases readmission rates and estimated hospital expenditures for patients with limited English proficiency.Medical care,55(3), 199-206. Parsons, J. A., Baker, N. A., Smith-Gorvie, T., Hudak, P. L. (2014). To Get byor get help? A qualitative study of physicians challenges and dilemmas when patients have limited English proficiency.BMJ open,4(6), e004613.

Legal Methods Essay Example

Legal Methods Essay CATHOLIC UNIVERSITY OF EASTERN AFRICA LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI Faculty Vision: To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya, East Africa and beyond. OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers, judges and legislative think and do things according to the law. It is commonly referred to a set of techniques used to analyze and apply the law and to determine the appropriate weight that should be accorded to different sources of law. SOURCES OF CLASSIFICATION OF LAW Means the origin from which human conduct comes into existence and derives legal forms. TERMS TO DEFINE AS SOURCES OF LAW 1. Common Law 2. Equity 3. Customary Law 4. Religion 5. Criminal Law 6. Civil Law 7. International Law 1) COMMON LAW (also known as LAW OF PRECEDENTS) * Common La w if a legal system that is largely formed by the decisions previously made by the court and similar tribunals. It is also known as Case Law or Law of Precedents. * It is developed by Judges through decisions of courts. * It binds future decisions. * It is based on the principle that it is unfair to treat similar facts differently on different occasions. * This principle is known as staredecisis which literally mean â€Å"Let the decision stand†. HISTORY OF COMMON LAW * It is rooted in centuries of English history. * It began to develop after the Norman Conquest of England in 1066. * Matters which had previously been handled by tribunal courts began to be handled by the Kings Court. The King’s Court evolved into a branch of professional justices who were royals with training in Canon of Roman Law. * They appeared periodically in all the countries around England. It was this moving that began the process whereby the custom of the King’s Court eventually became th e law of England i. e. The Law Common to All. * The King’s Courts were the only courts in England. In order to bring matters before this court, a special request was made to a Royal official called Chancellor asking him to deliver a writ to the court. If a particular type of action was brought before the Chancellor often enough, the writ would acquire a common form. * The prescribed form of writ for each type of action required strict adherence as did the oral pleadings which were required to follow the form of the writ. * Because of their dissatisfaction with Common Law and its system of writs, the people began to appeal to the King. The petitions were delegated to the Chancellor who established the Court of Chancery also known as The Court of Equity. * The decisions were based on natural justice derived from mutual laws. Overtime the Equity Law of Doctrine applied became additions to legal rules applied by Common Law Courts. The dual system has continued up to present day. * The Common Law of Courts of Chancery are no longer separate courts, they were fused unto one court in the later of the 19th Century but their principles were not fused. * What happens in the Civil Court applies both Common Law and Equity. 2) EQUITY * It was developed after Common Law as a system to resolve disputes where damages were not suitable remedy and to introduce fairness into the legal system. It is based on judicial assessment of fairness as opposed to strict and rigid rules of Common Law. * It allows the court to use the discretion and apply justice in accordance with law. * An example of maxim equity â€Å"He who comes to Equity must come with clean hands†. STATUTE * It is direct source of law. * It consist in the declaration of legal ruler by a competent authority e. g. Parliament. 3) CUSTOM A custom is a rule which in a particular community has from long usage obtained the force of law. It is usually not written and limited in its application. 4) RELIGIOUS We will write a custom essay sample on Legal Methods specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Legal Methods specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Legal Methods specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It implies ethical and moral codes taught by religious traditions e. g. Canon Law, Sharia Law etc. 5) CRIMINAL LAW 6) CIVIL LAW 7) INTERNATIONAL LAW *(SECTION 3 OF JUDICATURE ACT) (ARTICLE 2, CONSTITUTION 2010)* CLASSIFICATION 1) PRIVATE AND PUBLIC LAW * Public Law is a theory of law that governs the relationship between the state and an individual. It covers the following categories: -a). Constitution b). Administrative c). Criminal Law * Private Law is that which governs the relationship between individuals. It includes the following: -a). Law of Tort b). Law of Contract c). Family Law ). Intellectual Property Law etc. 2) CIVIL AND CRIMINAL LAW * Civil Law is a form of Private Law and involves the relationship between individuals. * It is the legal mechanism through which individuals can assert claims against others and have those rights adjudicated and enforced. * The purpose of Civil Law is to settle disputes between individuals and to provide remedies. * Criminal Law is an aspec t of Public Law and relates to the conduct which the state considers with disapproval and which it seeks to eradicate. * The objective is to punish a wrongdoer and to deter other wrongdoers. ) INTERNATIONAL AND MUNICIPAL LAW * International Law is a set of rules that states and other international actors have an obligation to obey in their relation. * Municipal Law is the national domestic or internal law of a sovereign state. JUDICIARY * Judiciary is one of the three arms of government established under Chapter 10 of the Constitution. * It is independent from the government functions and provides a forum for the just resolution of disputes. 1. THE SUPREME COURT – ARTICLE 163 * It is established by Article 163 of the Constitution. It is composed of the Chief Justice who is the president of the Court. * The deputy Chief Justice who deputizes the Chief Justice and is the Vice President of the Court. It has five (5) other Judges. * The Court has exclusive original jurisdiction t o hear and determine disputes relating presidential elections. * It has appellant jurisdiction to hear and determine appeal from: a) The Court of Appeal; b) Other Courts c) Tribunal prescribed by Parliament that relates to the interpretation; d) Application of the Constitution; e) Matters of public concern. * Summary Notes-Chief Justice heads the Court; The Deputy Chief Justice is his deputy and vice president to the court. -Supreme Court deals with presidential petitions (special cases). -It consists of five (5) Judges 2. THE COURT OF APPEAL ARTICLE 164 * It is provided by Article 164 of the Constitution; * The president of the Court of Appeal is elected from among the Judges of the Court; * The Court has jurisdiction and powers to hear and determine appeals from the High Court/Court Tribunal; * The Court of Appeal has not less than twelve (12) Judges 3. THE HIGH COURT – ARTICLE 165, THE PRINCIPLE JUDGE It is provided by Article 165 of the Constitution; * It has original ju risdiction in Civil and Criminal matters; * It also has jurisdiction to determine whether a right in the Bill of Rights has been violated; * It has jurisdiction to hear any particular questions in respect of the Constitution (interpretation). The High Court has the following divisions namely: -i)Criminal Division ii)Family Division iii)Commercial Division iv)Constitution Division v)Judicial Review Division * Summary Notes-Act of Parliament describes the number of Judges; -High Court deals with Criminal and Civil cases; Matters dealing with interpretation; 3 Judges handles or sits at the bench dealing with interpretation 4. MAGISTRATE’S COURT – ARTICLE 169 * The Magistrate’s Court are the sub-ordinate courts provided for under Article 169, 1 a) * They were created under the Magistrate’s Court Act. * They handle Civil and Criminal matter depending on the rank of the Magistrates; * The hierarchy of the Magistrates in descending order includes 1)The Chief Ma gistrate 2)Senior Principle Magistrate 3)Principle Magistrate 4)Senior Resident Magistrate 5)Resident Magistrate 6)District Magistrate . KADHI COURTS AND PERSONAL STATUTES – ARTICLES 169 170 * It is provided for under Article 169, 1 b). * It deals with matters relating to personal status e. g. marriage, inheritance and divorce in which both party’s profess the Muslim Religion and submit to the jurisdiction of Kadhis Court; * The Constitution and jurisdiction of Kadhi’s Court are provided for under Article 170. 6. MARTIAL COURTS * Martial Courts deals with matters pertaining to the Army; * It is provided for under Article 169, 1 c) 7. SPECIAL COURTS/TRIBUNAL ESTABLISHED BY AN ACT OF PA It is provided for under Article 169, 1 b) of the Constitution; * It provides that any other Court or local tribunal as maybe established by an Act of Parliament other than the Courts established are required by Article 162 (sub-section 2); * Tribunals may be established under var ious laws made in parliament to deal with specific matters; * Litigants dissatisfied with a tribunal decision may appeal to the High Court e. g. Land Dispute Tribunal, Rent Restriction Tribunal etc. * In addition to the Courts above mentioned, there are: Children’s Court, Anti-Corruption Courts. THE LEGISLATION PROCESS – THE LAW MAKING PROCESS * Legislation Process refers to a series of steps that a policy must go through in order to become law; * A Bill or Draft Law may emanate/come from a line of ministry/ government department or any other institution mandated with the generation of Bills; * Often, the Kenya Law Reform Commission and the Attorney General works in line with the ministry/state department in the generation of a Bill; * The Draft Bills are then presented by the Attorney General to cabinet for approval. Cabinet if need be makes changes to the draft Bill which is then published/gazette by the Attorney General; * The Bill is then debated by Parliament under three (3) readings. FIRST READING * The Bill is introduced into Parliament/Legislation Body. SECOND READING * Bill is read the second time; * A vote is taken to the general outline of the Bills before it is sent to the designated committee; * Considerations of the Committee between 2nd and 3rd readings. THIRD READING * The Bill is read with all its amendments and given final approval by the legislation body; * The Bill is then handed over to the president for ssent. THE PRESIDENT ASSENT * The president assent to the Bill by signing it; * The Attorney General without delay publishes/gazettes the Bill; * It is after publication that the Bill becomes law. THE PRINCIPLE STARE DECISIS BINDING PRECEDENTS * The reasoning and the decision in preceding cases are not simply considered with respect but are binding on later courts; * This is known as the principle of Stare RationibusDecisis (Stare Decisis) which translates simply as â€Å"Let the Decision Stand†. Stare Decisis applies to legal rule formulated in an earlier case where the rule is a ratio of the case; * Under doctrine of Stare Decisis the decisions of the Higher Court within the same provincial jurisdiction acts a binding authority on a Lower Court within the same jurisdiction; * In his book ‘Learning the Law’ by Glanville William (1973) describes Stare Decisis as follows: what the doctrine of precedents declares is that cases must be decided the same way when the material facts are the same. Obviously, it does not require that all the facts should be came. We know that influx of life all the facts of a case will never recur but the legally material facts may recur and it is with this that the doctrine is concerned; * The doctrine of StareDecisis is related to justice and favour for it would be unjust for two similar individuals in similar circumstances to be treated differently; * The critics of this doctrine such as MR (Master of Rolls) Lord Denning have stated that â€Å"if lawyers held to their precedents too closely forgetful of the fundamental principles of truth and justice which they should serve; they may find the whole edifice come tumbling down upon them; just as scientists seek the truth, so the lawyers should seek for justice. Just as proposition of scientists fails to be modified when shown not to fit on instances, so the principles of the lawyers should be modified when found to be unsuited to the times or when found to work injustice†. * In Summary: StareDecisis, which means â€Å"Let the Decision Stand† was used in Common Law when referring to judgment that were passed in similar cases with material facts. It operates on hierarchy of courts where it only applies within the states jurisdiction. RATIO DECIDENDI – REASON FOR DECIDING * RatioDecidendi is one of the two statements of legal rules in a case, the other one being Obiter Dictum; * RatioDecidendi is the main statement of the law in a case. It is a rule of law expressly or impliedly treated by the Judge as a necessary step in reaching conclusion having regard to the line of reasoning adopted by him/her. * Prof. Goodheart AL (1930) pointed out that the ratio is practical terms inseparable from the material facts. He observed that it is by this choice of material facts that the Judge creates law; * Lord Halsbury (1901) state â€Å"every judgment must be read applicable to the particular facts proved since the generality of the expressions which may be found there and that not intended to be the expositions of the whole law but governed a qualified by the particular facts of the case in which such expressions are to be found; * An example of ratio in case of Donoghue vs. Stevenson (1932) is the principle of the duty of care to those a person can reasonably foresee will be affected by his/her action. * Identifying ratio in a case may be difficult; Judges are under no obligation to label the different part of their judgments as ratio or obiter. Some of the reasons for this difficulty include the length of judgment, the existence of multiple lines of argument, uncertainty regarding which facts are material to the judgment etc; * In Summary:RatioDecidendi means the rationale behind a court’s decision i. e. The Reason. OBITER DICTUM * ObiterDictum is a rule of law stated in a case which is not the basis of the decision. It is therefore not part of the ratiodecidendi; * It is any legal residue left after the ratio has been extracted, it may be for example a rule which has not been deliberated upon by the Court, a hypothetical statement of the law, an observation in the course of an argument or unstated assumption under the rule StareDecisis; * Obiter Dictum is not binding on a later Court but may have a persuasive authority; * In Summary:Obiter Dictum are remarks of judge which are not necessary to reaching a decision, but are made as comments, illustration or thoughts. Courts are not bound by them but lawyers use them as persuasive authority. PERINCURIUM * It is a term referred to when a Judge makes a decision ignoring the law. A Judge in the later Court will say it’s â€Å"perincurium† because the previous judge should have applied the law and makes a different ruling from the previous one. * PerIncurium is a mistake or ignorance of law by a Judge in making a judgment 30th May 2012 THE PRINCIPLE OF STARE DECISIS LET THE DECISION STAND (BINDING PRECEDENTS) * The reasoning and the decision in preceding cases are not simply considered with respect but are binding on later courts; * This is known as the principle of Stare RationibusDecidendi also known as Stare Decisis which translates simply as â€Å"Let the decision stand†; * Stare Decisis applies to a legal rule formulated in an earlier case where the rule is a ratio of the case; * Under the doctrine of Stare Decisis, the decision of the Higher Court within the same provincial jurisdiction ; * In his book Learning the Law, Glenville William [1973] describes Stare Decisis as follows: â€Å"What the doctrine of precedent declares is that cases must be decided the same way when their material facts are the same. Obviously, it does not require that all the facts should be same. We know that influx of life, all the facts of a case will never recur but the legally material facts may recur and it is with this that the doctrine is concerned†. The doctrine of Stare Decisis is related to justice and fairness for it would be unjust for two similar individuals in similar circumstances to be treated differently; * The critics of this doctrine such as Lord Denning MR (Master of Rolls) have stated â€Å"if lawyers held to their precedents too closely forgetful of the fundamental principles of truth and justice which they should serve, they may find the whole edification comes tumbling down upon them just as scientists seeks for truth so the lawyer should seek for justice†; * Just as the proposition of scientific fails to be modified when shown not to fit on instances so the principles of the lawyer should be modified when found to be unsuited to the times or when found to work injustice. RATIO DECIDENDI REASON FOR DECIDING * Ratio Decidendi is one of the two (2) statutes of legal rules in a case, the other being obiter dictum; * Ration Decidendi is the main statement of the law in a case. It is a rule of law expressly or impliedly treated by the judge as a necessary step in reaching conclusion having regard to the line of reasoning adopted by him/her; * Prof. Goodheart AL [1930] has pointed out that the ratio practical terms are inseparable from the material facts. He observes that it is by this choice of material facts that the judge creates law; * Lord Halsbury [1901] states â€Å"every judgment must be read applicable to the particular facts proved, since the generality of the expressions which may *be* formed there and not intended to be the expositions of the whole law but governed, and are qualified by the particular fasts of the case in which such expressions are to be found; * An example of ratio in Donoghue vs. Stevenson [1932] is the principle of the duty of care to those a person can reasonably foresee will be affected by his or her action. Identifying a ratio in a case may be difficult. Judges are under no obligation to label the different parts of their judgment as ratio or obiter. Some of the reasons for this difficult include the length of judgments, the existence of multiple lines of argument, uncertainty regarding which facts are materials to the judgment. OBITER DICTUM * Obiter Dictum is a rule of law stated in a case which is not the basis of the decision. It is therefore not part of the ratio decidendi. It is any legal residue left offer the ratio has been extracted. It may be for example a rule which has not been deliberated upon by the court, a hypothetical statement of law, an observation in the course of an argument or unstated assumption under the rule of Stare Decisis, Obiter is not binding on a later court but may have persuasive authority. 6th June 2012 STATUTORY INTERPRETATION * Traditional analysis of rules and principles of Statutory Interpretation are important. They are part of the explanation for how statutes are interpreted by lawyers and judges. LITERAL RULE * If the words of an Act are so inflexible that they are incapable of having but one meaning then the court must apply that meaning. This Rule prescribe the plain, ordinary, grammatical, natural meaning of the words in a statute: R vs. Judge of the City of London (1892) It was held that is the words of an Act are clear then, you must follow them though they may lead to manifest absurdity. This approach has some problems. * The first is that courts rarely if ever interpret words in statutes instead they give meaning to phrases, sentences and section of statutes; * The second is that the Literal Meaning is never literal meaning, it is at the end of the day an interpretative meaning a section has to be consciously or unconsciously to prefer one of the several possible literal meaning; * An advantage however is that it encourages the precision in drafting of statutes GOLDEN RULE * Given the limitation of the Literal Rule, the judiciary started considering other principles of statutory interpretation: River Wear Commissioner vs. Adamson (1977) Lord Blackburn attributed the Golden Rule to Lord Wensleydale and stated â€Å"we are to take the whole statutes together and construe it all together giving the words their ordinary signification unless when applied, they produce an inconsistency or an absurdity so great as to convince the court that the intention could have been to use them in their ordinary signification and to justify the court in putting them in some other signification which though less proper in one which the court thinks the words will bear. * Therefore if the use of the Literal Rule would lead to an absurdity or repugnant result then the Golden Rule may be used; In Grey vs. Pearson (1857) Lord Wensleydale stated â€Å"the ordinary sense of the words is to be adhered to unless it would lead into an absurdity when the ordinary sense maybe modified to avoid the absurdity but no further†. In R vs. Sigsworth (1935) A statute provided for the distribution of an estate of an intestate among the next of kin, a mad murdered his mother. The court applied the principle of public policy which prevents a murderer from reaping from his crime and decided that such a case, a person would not benefit from the statute. * The thrust of the Golden Rule is to consider an interpretation of a statute in light of its effect. MISCHIEF RULE * It the oldest rule It was established in Heydon’s case (1584). The Barons of the court laid down four (4) principles that are to be considered: 1) What was the Common Law before the making of the Act; 2) What was the mischief and defect for which the Common Law did not provide; 3) What remedy the parliament hath resolved and appointed to cu re the disease of the Common Law; 4) The true reason of the remedy and then the office of the judges is always to make such construction as shall suppress the mischief and advance the remedy and suppress subtle inventions and to force and breath life to cure and remedy according to the true intent of the makers of the Act The Mischief Rule goes further than the Golden Rule or Literal Approach it allows for a much broader investigations into the position of the statute in relation to the law taken as a whole; * It gives the court more latitudes in their construction of the statute. The courts attention is focused more on the purpose of the statute and the intention of legislation: In Smith vs. Hughes (1960) The Defendants were prostitutes who had been charged under the Street Offence Act (1959) which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows and balconies where they could been seen by the public. The court appli ed the Mischief Rule in holding that the activities of the prostitutes were within the Mischief of the Street Offence Act. RULES OF LANGUAGE EJUSDEM GENERIS Where there is a list of words followed by general words then the general words are limited to the same kind of article as the specific words of the same kind. A word will take its meaning from the foregoing word; Powell vs. Kenton Park Race Course (1899) AC 143 The House of Lords had to decide whether section 1 of the Betting Act of 1853 which prohibited the keeping of a house office, room or other places for the purpose of Betting applied to an outdoor ring. The court said it did not because all the specific places mentioned were indoors. However, the court stated that if the word â€Å"other place† had been followed by words like whatsoever this rule would not apply THE EXPRESSIOUNIUSEXCLUSIOATERIUS – THE EXPRESS WORD RULE The mention of one thing excludes the other where there is a list of specific words but no general words then, it must be on the list for the Act to apply; Tempest vs. Kilner A fraud statute provided that for a contract over ? 10 for the sale of ‘Goods, Wares, and Merchandise’. The contract had to be in writing. The contract in question was for the sale of stocks and shares. The court held that this contract needs to be in writing because it was not for the goods wares and merchandise. In Dean vs. Wiesengrand (1955) The Court of Appeal held that unless there are clear words to take away a right from the tenants heirs such a right must pass on to them in death. The facts of the case were as follows, after the death of a tenant of a rent controlled flat who paid to the Defendant landlord as rent a sum in excess The executors of the estate claimed to recover the excess rent. His action was dismissed on grounds that the increase of Rent and Mortgage Act while giving the tenant the right to recover the excess rent restricted that right to the tenant and that right was destroyed by the death of the tenant. NOSCITUA A SOCIIS * A word is known by the company it keeps if the meaning of the word in unclear, it will be determined on the basis of the other words surrounding it; In Inland Commissioner vs. Frere (1965) The issue was the correct meaning of the word interest, the words of the section read â€Å"Interest, Annuities or other Annual Interest†. The court held that the word interest on its own could have meant daily, monthly or annually interest but because of the presence of the words â€Å"other interest† in the same section interest only annual interest†¦. PRESUMPTIONS * Presumptions are made by certain assumption made by courts. They are used only as starting point if they are disapproved then the presumption is reverted. Examples of presumptions are: 1) Legislation does not apply retrospective; 2) Men rea is required in criminal case; 3) A statute will not change Common Law etc. INTRINSIC AND EXTRINSIC AIDS * An Intrinsic Aid is one that is from the inside of the Act of Parliament which makes it clear for one to interpret a statute. They include: 1) The long title of the Act 2) A short title 3) Preamble ) Section heading and marginal notes * An Extrinsic Aid is one from outside the Acts of Parliament. They include: 1) Dictionary 2) Previous Acts on the same topic of Acts in PariMateria 3) Earlier case law 4) Hansards 5) Official Report from law provision 4th July 2012 LOGIC AND LEGAL REASONING * The dictionary defines logic as the science of reasoning, thinking proves or inference. It is an accurate form of reasoning, its roots is the Greek word logos which means reasons. There are two (2) main types of logic: 1) Deductive Logic, and 2) Inductive Logic And in addition a third time known as abductive logic DEDUCTIVE LOGIC ALSO ARGUMENT OR REASONING Deductive reasoning begins with the assertion of a general rule and precedes from there to guarantee conclusion which may be a general or a particular conclusion; * A conclusion obtained through the deductive reasoning is certain mathematics is based in deductive reasoning. A deductive statement is always true because it is true by definition. INDUCTIVE LOGIC * This involves arguments that put forward some general proportion or conclusion from facts that seem to provide some evidence for general proposition or group of proposition. This i s perhaps the closest to the everyday legal argument when decisions are made concerning which side of a dispute is accorded the privilege of their story in terms of law authority to provide declaration of right sanction or compensation. * Inductive Reasoning is similar to Deductive Reasoning in so far as the conclusions are based on premises. However in Inductive Reasoning the conclusion reached extends beyond the facts in the premises. The premise supports the conclusion and makes it probable therefore there is less certainty and it is possible that other conclusions exist; * Subdivision of Inductive Reasoning is reasoning by analogy these being the method best known to the English Legal System. The difference between Inductive and Deductive Reasoning is that Deductive Reasoning is that Deductive Reasoning is a closed system of reasoning from general to general and to particular. It is therefore analytical whereas Inductive Reasoning is an open particular case in conclusion which suggests the end process is in conclusive. ARGUMENT ANALOGY This is the most common form of argument in law the English word analogy is derived from the Greek word â€Å"analogia† meaning a quality of ratio or proportion in English analogy means similarity or resemblance; * Analogy treats cases as like where they have material resemblance , such an argument begins stating that two (2) objects are observed to be similar by a number of attributes. It is then concluded that the two (2) objects are similar with respect to a third. The strength of such an argument will depend on the degrees of the relationship. VALIDITY * Validity is a structural or formal feature of an argument. It has nothing to do with the actual truth falsity of the argument premises. A valid argument is one in which the conclusion follows conclusively from the premises

Military Tuition Assistance essayEssay Writing Service

Military Tuition Assistance essayEssay Writing Service Military Tuition Assistance essay Military Tuition Assistance essayThe Military Tuition Assistance is a well-known public policy that ensures certain government benefits to military service members of all branches of the Armed Forces. This public policy has been developed to provide support to military service members with the cost of military tuition. Military Tuition Assistance is considered to be the service that has direct relation to paying for college courses and that has always been highly valued by American users. However, today it raises certain problems that affect future life of the participants. First of all, the benefits provided by Military Tuition Assistance are too difficult to obtain. Second, these benefits are not substantial enough to retain soldiers, marines and other military men. Much has already been done to address the above mentioned problems. The resolution is to shift the policy to better screening students who are applying for the Military Tuition Assistance courses (Mehay Pema, 2010). Th e environment that surrounds the issues of Military Tuition Assistance is favorable to finding the proper resolutions to the identified problems, although there are still some problems that challenge the resolution to the issues of Military Tuition Assistance.The major goal of this paper is to discuss the environment that surrounds the issues of Military Tuition Assistance. The major problems and assets that either support or challenge the resolution to the identified problems will be identified.The major problems that challenge the resolution  to the identified issues of Military Tuition Assistance  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The major problems that challenge the resolution to the identified issues of Military Tuition Assistance include the lack of effective governmental support in the selection of the Armed Forces personnel, including soldiers, marines, guardsman and airmen. There are several effective programs that have been developed to support the major educat ion goals, including up to â€Å"100% Tuition Assistance for college courses taken during off-duty hours† (Military Tuition Assistance, 2014). However, these programs are not suitable for all the Armed Forces personnel.As practically each military service is focused on its own criteria for eligibility in the process of students’ screening for the Military Tuition Assistance courses, the application process has certain restrictions. For example, for the Air Force Service, active duty and reserves are eligible members; for Marines, they are active duty only, while for Navy Service, the eligible members are active duty and naval reserves in AD status (Military Tuition Assistance, 2014). Government does not guarantee success in the application process to all applicants because of the criteria for eligibility.Besides, Military Tuition Assistance, as a public policy developed to enhance education of military personnel, fails to place emphasis on income inequality. According to B. Guy Peters (2012), any public policy can be influenced not only by the persistent unemployment, but also by the growing income inequality in human society.The major assets that support the resolutionto the identified issues of Military Tuition AssistanceThere are certain assets that support the resolution to the identified issues of the Military Tuition Assistance policy. One of the major assets is the ability to improve the lives of young people through Military Tuition courses, promoting their careers in the Armed Forces. It has also been found that more successful students enrolled in the Military Tuition courses are more mature, goal- and career oriented (Mehay Pema, 2010). The resolution aimed at shifting the public policy to better screening students who are applying for the Military Tuition Assistance courses can be supported by the idea that â€Å"military service for some people is what saves them from the chaotic existence of an undirected life† (Viola, 2008, p. 12).As a matter of fact, the military services provide young people with everything that is necessary for personality and personal growth, including motivation, effective reward strategies, the proper values and ethical principles, and even leadership skills. Moreover, â€Å"military forces throughout history have espoused great principles in common: unity, discipline, courage, dedication, and vigilance in service to country† (Viola, 2008, p. 12).Besides, the Military Tuition Assistance is a benefit that should not be repaid unless a person fails to complete the course. Another asset that supports the resolution to the identified issue of Military Tuition Assistance is education benefit. Those applicants who are more experienced and who have the proper personal characteristics will be able to achieve greater academic success than poorly prepared students (Mehay Pema, 2010). Shifting the policy to better screening students who are applying for the Military Tuition Assista nce courses guarantees better results in various academic fields of study.Conclusion  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thus, it is necessary to conclude that the environment that surrounds the issues of Military Tuition Assistance is favorable to implementation of the resolution to the identified problem, although there are still some challenges to the resolution concerning the issues of Military Tuition Assistance policy. In other words, there are some problems that challenge the resolution to the identified problem, but there are also the assets that support the resolution (e.g. the ability to improve the lives of young people, education assets, the assets caused by personality and personal growth, etc.). Generally speaking, shifting the policy to better screening students who are applying for the Military Tuition Assistance courses provides more assets than problems.

The History of the Invention of the Telegraph

The History of the Invention of the Telegraph When British officials wished to communicate between London and the naval base at Portsmouth in the early 1800s, they utilized a system called a semaphore chain. A series of towers built on high points of land held contraptions with shutters, and men working the shutters could flash signals from tower to tower. A semaphore message could be relayed the 85 miles between Portsmouth and London in about 15 minutes. Clever as the system was, it was really just an improvement on signal fires, which had been used since ancient times. There was a need for much faster communication. And by the middle of the century, Britain’s semaphore chain was obsolete. The Invention of the Telegraph An American professor, Samuel F.B. Morse, began experimenting with sending communications via electromagnetic signal in the early 1830s. In 1838 he was able to demonstrate the device by sending a message across two miles of wire in Morristown, New Jersey. Morse eventually received funds from Congress to install a line for demonstration between Washington, D.C., and Baltimore. After an abortive effort to bury wires, it was decided to hang them from poles, and wire was strung between the two cities. On May 24, 1844, Morse, stationed in the Supreme Court chambers, which were then in the US Capitol, sent a message to his assistant Alfred Vail in Baltimore. The famous first message: â€Å"What hath God wrought.† News Traveled Quickly After the Invention of the Telegraph The practical importance of the telegraph was obvious, and in 1846 a new business, the Associated Press, began using the rapidly spreading telegraph lines to send dispatches to newspaper offices. Election results were gathered via telegraph by the AP for the first time for the 1848 presidential election, won by Zachary Taylor. In the following year AP workers stationed in Halifax, Nova Scotia, begin intercepting news arriving on boats from Europe and telegraphing it to New York, where it could appear in print days before the boats reached New York harbor. Abraham Lincoln Was a Technological President By the time Abraham Lincoln became president the telegraph had become an accepted part of American life. Lincolns first State of the Union message was transmitted over the telegraph wires, as the New York Times reported on December 4, 1861:​ The message of President Lincoln was telegraphed yesterday to all parts of the loyal states. The message contained 7, 578 words, and was all received in this city in one hour and 32 minutes, a feat of telegraphing unparalleled in the Old or New World. Lincolns own fascination with the technology led him to spend many hours during the Civil War in the telegraph room of the War Department building near the White House. The young men who manned the telegraph equipment later recalled him sometimes staying overnight, awaiting messages from his military commanders. The president would generally write his messages in longhand, and telegraph operators would relay them, in military cipher, to the front. Some of Lincolns messages are examples of emphatic brevity, such as when he advised General Ulysses S. Grant, at City Point, Virginia in August 1864: â€Å"Hold on with a bulldog grip, and chew and choke as much as possible. A. Lincoln.† A Telegraph Cable Reached Under the Atlantic Ocean During the Civil War construction of telegraph lines to the west proceeded, and news from the distant territories could be sent to the eastern cities almost instantly. But the biggest challenge, which seemed utterly impossible, would be to lay a telegraph cable under the ocean from North America to Europe. In 1851 a functional telegraph cable had been laid across the English Channel. Not only could news travel between Paris and London, but the technological feat seemed to symbolize the peace between Britain and France just a few decades after the Napoleonic Wars. Soon telegraph companies began surveying the coast of Nova Scotia to prepare for laying cable. An American businessman, Cyrus Field, became involved in the plan to put a cable across the Atlantic in 1854. Field raised money from his wealthy neighbors in New York City’s Gramercy Park neighborhood, and a new company was formed, the New York, Newfoundland, and London Telegraph Company. In 1857, two ships chartered by Fields company began laying the 2,500 miles of cable, setting off from Irelands Dingle Peninsula. The initial effort soon failed, and another attempt was put off until the following year. Telegraph Messages Crossed the Ocean By Undersea Cable The effort to lay the cable in 1858 met with problems, but they were overcome and on August 5, 1858, Cyrus Field was able to send a message from Newfoundland to Ireland via the cable. On August 16 Queen Victoria sent a congratulatory message to President James Buchanan. Cyrus Field was treated as a hero upon arrival in New York City, but soon the cable went dead. Field resolved to perfect the cable, and by the end of the Civil War he was able to arrange more financing. An attempt to lay cable in 1865 failed when the cable snapped just 600 miles from Newfoundland. An improved cable was finally put in place in 1866. Messages were soon flowing between the United States and Europe. And the cable which snapped the previous year was located and repaired, so two functional cables were operating. The Telegraph Was Depicted In the Capitol Dome Constantino Brumidi, the Italian-born artist who was painting inside the newly expanded US Capitol, incorporated the transatlantic cable into two beautiful paintings. The artist was an optimist, as his lofty depictions were completed a few years before the cable was finally proven successful. In the oil painting Telegraph, Europe is portrayed as clasping hands with America while a cherub offers a telegraph wire. The spectacular fresco inside the top of the Capitols dome, Apotheosis of Washington has a panel titled Marine showing Venus helping to lay the transatlantic cable. In the Late 1800s Telegraph Wires Covered the World In the years following Fields success, underwater cables connected the Middle East with India, and Singapore with Australia. By the end of the 19th century, much of the globe was wired for communication.

Proposal Essay Example | Topics and Well Written Essays - 1000 words

Proposal - Essay Example Therefore, evidence-based practice means combining clinical experience of an individual with the external clinical evidence and this will be able to produce the best evidence, one that is effective in patients care. In this case, the nursing problem uncovered is whether using IVs for procedures gives a positive patient experience compared to the numbing agent. In evidence-based practice, the use of new knowledge and being able to access that knowledge is essential (Mulhall, 1998). Despite several models being developed for the healthcare givers during practice, they still have difficulties in combining the empirical evidence with evidence based changes into practice. To solve this problem practitioners have been provided with a model that guide them through the entire process of being able to change to evidence-based practice and this begins with the assessment of the need for the change to the integration of an evidence-based protocol (Mulhall, 1998). Change plan overview According to Rosswurm and Larrabee (1999), we have six steps that are considered. The first step to be considered is assessing the need for change. Practitioners may only be interested in change if only they become aware of patients preferences, dissatisfactions, quality improvement data, their questions and the evaluation data. In this step, practitioners are required to collect internal data and then be able to compare with external data. When this data indicate a problem, then they will be forced to choose a stakeholder who will be involved in identifying clearly where the problem is. After which the practitioners will examine the internal data and use it to assess the requirement for a change in practice. If information is inadequate, it will be necessary to collect extra data so as to identify a problem (Titler., Kleiber, Stelman, Goode and Buckwalter, 1994). The second step involves linking problem with interventions and outcomes. In this step, practitioners are required to explain the problem using the language of standardized classification and then be able to link this problem with classification of interventions and outcomes. These classifications help to identify the concepts of science and knowledge that is organized. In this case, the use of Lidocaine or normal saline intradermally will be considered as an intervention and English language will be used to explain the process. According to research done by Beck et al (2011) who was comparing pain perceived during intravenous catheter insertion after injection with various local anesthetics, his major aim being to find out whether the anesthetics are effective. This study would then help the researcher to quantify data. This step also helps in facilitating communications between practitioners, and setting standards for showing the effectiveness and cost of care and being able to identify resources needed (Rosswurm and Larrabee, 1999). The third step is simply synthesizing best evidence. This step involves ref inery of selected interventions and outcomes. This is whereby the best research evidence is synthesized, and then it is combined with clinical judgment data. According to the research done, the best evidence is according to Brown (2003) who was using Lidocaine for peripheral IV insertions and the purpose of this research was to find out the patients preferenc

Critical Book Review Essay Example | Topics and Well Written Essays - 1750 words

Critical Book Review - Essay Example CIDA has recently discarded its main advantages, such as gender equality, health issues, importance of development aid etc. Though one can argue that every organization is connected with its self-interest, we can surely claim that further discussion is related to the international aid policies, political and economic contexts. The first chapter "Canada among Donors: How Does Canadian aid Compare?" by Hunter McGill deals with relations of Canada in terms of international society on the matters of help, undertakings and goals. There are two different international processes, which are used for evaluation of international relations in Canada with respect to international policies, non-aid policies and programs. Unfortunately, Canadian government is not interested in foreign help and support and shows underperformance at the international level. This claim is produced by the author of the chapter, but it is interesting for the readers to find out whether it is true or not. On the basis of two basic criteria, such as the Peer Review process of the Organization for Economic Cooperation and Development Assistance Committee (OECD/DAC) and the Commitment to Development Index annual rankings of the Center for Global Development (CGD) evaluation of international aid in the development of Canada is discussed further on in this chapter. Other donor states evaluate national situation in Canada and in accordance with their data they donate help (McGill). The CGDs Commitment to Development Index was established as part of an effort to rate how the public policies of twenty-two nations, all currently members of the DAC, affect the prospects and progress of developing countries. Basing on these two basic indices, it is possible to evaluate a certain degree of international aid donated to Canada. At the same time, Canada plays a role of an important international donor and it is possible to measure international help donated by the country. Canada has been

Pastor as Person †A Review Essay Example for Free

Pastor as Person – A Review Essay As the title itself suggests, the whole thrust is on the personhood of the pastor. At the start (Chapter Two), stress is given to highlight the need for new approach in ministry. Although it was not directly stated, the idea was pointed out when Tom, a pastor, received a letter from his alma mater concerning the seminary’s plan to include into its curriculum a subject called The Person in Ministry. As the conversation of the characters progressed, and at the same time their personalities somewhat introduced briefly in chapter one, the theme of the entire book becomes more in focus. Indeed, as Gary L. Harbaugh was trying to highlight from the very outset, even the person behind the pulpit Sunday after Sunday is a real person with the characteristics of a normal human being with almost the same things to cope in life, if not exactly identical. The way the five pastors were presented – Tom Daniels, Joan Russel, Paul Denning, Chris Campbell, and John Jeffrich – in the first chapter seems to stress the fact of the human side of ministers in general. Although the tone of the author, all along, was to paint an honest appraisal of the pastor, and at the same time with the intention of helping his readers realize the impossibility for those among the ordained clergy to perform their lifetime duties effectively without comprehending their frame as human beings, more often than not, the overall expectation from the ministers is very unrealistic. And so, Harbaugh, in this book, incorporated all necessary studies/sciences which for him might yield a more comprehensive and more accurate portrayal of the minister as human specie. Through the lenses of philosophy, theology, psychology, and anthropology, the pastor was presented – not as someone who is above the rest, but someone who is very much like those considered rank and file (Harbaugh, 1985). At the last paragraph of the book, Dr. Harbaugh expressed his hope that upon reading, the reader (presumably, a minister) is â€Å"affirmed† and now having gained valuable insights into his/her personhood, with fresh outlook, the remaining years of ministry will not be anymore burdensome but promising instead. In Chapter Two, Harbaugh highlights the reality that the pastor is not only a spiritual person but physical as well. He experiences stress and at times may be subjected to bouts of â€Å"burnout. † King Hezekiah of the Old Testament was mentioned as an object lesson of a person dealing with stress. The author pointed out that there are correct responses to stressors and pressures, although unfortunately, pastors usually opted for what Dr. Harbaugh called as the pastor’s â€Å"common reactions† to stress. To really experience growth in life and in faith, one has to face his/her responsibilities and do everything within his/her ability to do, and at the same time, one has to accept his limitations that he/she cannot possibly do everything even while doing and employing the best possible means within his/her ability. As Dr. Harbaugh said, using the well familiar hymn, â€Å"Christ is the solid rock on which† ultimately, our â€Å"holistic response to stress can stand. † Moreover, the pastor also is an intellectual being. He thinks. This is the emphasis of the third chapter. While it is true that there are similarities, or things common among those in the clergy, Harbaugh maintains the individuality of the pastor (Harbaugh, 1985). This means that each pastor is different and hence must be dealt with individually. A right balance must be maintained between the pastor’s vocation and his personal/family life. Dr. Harbaugh, in Chapter Four, introduced Ptr. John Jeffrich. Through Jeffrich’s personality, Harbaugh presented a pastor just like anybody else reacting and full of emotions. Indeed, one cannot empathize with others without having gone through the same griefs which other people have gone through. â€Å"Weakness is strength† (Harbaugh, 1985). The remaining chapters – 5 and 6 – are expansions, further explorations of previous chapters. How the pastor should deal with different issues as he/she relates to other people. In summary, the pastor should learn to accept everything that he/she is – with strengths and weaknesses. As a pastor, he/she is chosen by God for the people of God.

theatre Studies Portfolio. :: essays research papers

Throughout the year the texts we have studied have provided us with inspiration on the topic and themes of our devised drama. The texts we have studied in Theatre Studies have been Anton Chekov’s â€Å"Three Sisters† and Sophocles’ â€Å"Antigone†, one of the three Theban plays. The link between these plays is the role of women and could be described as proto-feminist. â€Å"Antigone† shows us a woman who is prepared to go against the rule of the city and Creon, whom should be the dominant male in the play. â€Å"Three Sisters† portrays three women who cope with the death of their father, and live without men in their lives. We have used both of these ideas in our devised drama, as all our women are single and go against the stereotypical view of women allowing the audience to see a contrast of five women, all a foil to the traditional view of women in the catholic church. We have also been influenced by a collection of poetry we have studies on our English Literature course. Carol Ann Duffy is well known as a feminist writer and her 1999 collection, â€Å"The World Wife† is an original collection in which she explores the view of the wives of historical, biblical and mythological men and gives the reader a chance to see the great tales concerning these men through the eyes of the woman, who is often shown to be much more strength in character than her husband or partner. After studying the poems, our group decided to base our five female characters on poems in the play, these poems being â€Å"Delilah†, â€Å"Mrs Faust†, â€Å"Mrs Midas†, â€Å"Salmone† and â€Å"Mrs Lazarus†. Using these as guidelines for our characters, the five girls in our group were able to elaborate on then, using the techniques of our practitioner, Stanisvlaski, to create a full character from the narrative in our selected poems. Caryl Churchill’s play â€Å"Top Girls† was also an influence on us. The play â€Å"Top Girls† shows the audience famous women from the past having a dinner party together and discussing their experiences to one another. This is not unlike our devised drama and influenced us to choose the setting of a gathering. The 1995 movie â€Å"How To Make An American Quilt† directed by Jocelyn Moorhouse inspired us for the idea of our women making a quilt together to commemorate the memory of a person from the village in which our play is set.

Effect Of Family Background On Students Academic Achievement

This research was done to look into the consequence of household background on pupils ‘ academic accomplishment in Sekolah Jenis Kebangsaan ( Cina ) Yuk Tse, Tumpat, Kelantan. There were 377 respondents from twelvemonth 1 to twelvemonth 6 pupils of Sekolah Jenis Kebangsaan ( Cina ) Yuk Tse, Tumpat, Kelantan. The instrument used in this research was the questionnaire to garner information about the respondents. The information such as pupils ‘ personal inside informations ( age, gender, cultural group ) and their consequences ( Chinese Comprehension, Malay Comprehension and English ) in Mid Term Exam Year 2010, pupils ‘ household construction, socioeconomic position of the pupils ‘ households, and their parents ‘ attitudes and outlook. Next, the pupils ‘ personal inside informations were analyzed utilizing mean, average, manner, scope, standard divergence, discrepancy and per centums to find their demographic profiles in term of ages, gender, cultural group, figure of sibling, individual populating with, parents ‘ income, parents ‘ highest degree of instruction, parents ‘ monthly income. Then, the pupils ‘ tonss in Chinese Comprehension, Malay Comprehension and English were analyzed to find their accomplishment in these three topics. The information from the questionnaire besides analyzed to find the relationship between pupils ‘ academic accomplishment and household backgrounds such as household construction, household ‘s socioeconomic position, parental outlook, place environment and place linguistic communication. The results of these informations analysis would so be used to reply the research inquiries and eventually reason the research. Hence, old research can be vali dated through the results.5.3 Discussion of Research FindingsBased on the research result, the mean category twelvemonth of the pupils in this school is in twelvemonth 3. There are adequate grounds to reason that there is a difference between academic accomplishment of pupils and category twelvemonth. The academic accomplishments for pupils from different twelvemonth are non the same. The flat faculty member is higher from twelvemonth to twelvemonth. Furthermore, the criterion for each pupils are non the same, because they are from different household background.Rankscategory Nitrogen Mean Rank Result ( BC ) 1 76 202.41 2 70 220.40 3 73 133.82 4 29 248.41 5 79 173.15 6 50 195.81 Entire 377 Table Female pupils in this school are more than male pupils. There are no significance difference between academic accomplishment of pupils and gender. Majority of the pupils were Thai, followed by Malay, Chinese and Indian. There are besides no significance difference between the academic accomplishment of pupils and their cultural group. Most of the pupils ‘ households have 3-4 siblings in their house. There is non adequate grounds to reason that there is a difference between academic accomplishments of pupils and Numberss of sibling in a household. Most of them stayed with their biological parents. So, there is non adequate grounds to reason that there is a difference between academic accomplishments of pupils and people they live with. From the research outcomes, most of their male parents ‘ monthly wage is below RM1000 and their female parents are in other group, means they do non supply any money to the households in any grounds. There is non adequate grounds to reason t hat there is a difference between academic accomplishments of pupils and parents ‘ monthly wage. Majority of the parents had instruction at primary school degree. There is adequate grounds to reason that there is a difference between academic accomplishments of pupils and female parents ‘ highest degree of instruction.RanksMother ‘s instruction degree Nitrogen Mean Rank Result ( BC ) Others 38 216.22 Finish primary school 258 185.39 Finish secondary school 41 168.94 Diploma 25 242.06 Degree 15 148.53 Entire 377 Table Most of the pupils ‘ female parents stay at place as a homemaker. So, they spend more clip with the kids. Since their instruction at primary degree, they will be holding troubles in oversing their kids in their prep. Based on the research outcomes, the pupils have low accomplishment in Chinese Comprehension, Malay Comprehension and English linguistic communication. Their mean mark for these three topics are below 70 % . The lowest accomplishment among these three topics is Chinese Comprehension. There is non adequate grounds to reason that there is a difference between academic accomplishments of pupils and parents ‘ attitude an outlook. However, there is adequate grounds to reason that there is a difference between academic accomplishments of pupils and the figure of books at place. Availability in the place of books and other reading stuff has validated that it effects the academic accomplishment of the pupils.RanksHow many books, other than text editions are at that place in your place? Nitrogen Mean Rank Result ( BC ) no book 42 142.23 1-5 228 185.17 6-10 68 188.82 more than 10 38 259.05 Entire 376 Table There is adequate grounds to reason that there is a difference between academic accomplishments of pupils and place linguistic communication.RanksMajor Language Nitrogen Mean Rank Result ( BC ) Chinese 24 242.40 Malay 133 178.26 English 7 260.14 Tai 183 191.29 Other linguistic communication 30 163.32 Entire 377 Table Chinese linguistic communication is the medium linguistic communication in this school. However, most of the pupils speak their female parent lingua at place. For Tai pupils, they speak in Thai linguistic communication ; Malay pupils speak Malay linguistic communication. Even most of the Chinese pupils speak in either Thai linguistic communication or Hokkien, merely least of them speak in Chinese linguistic communication. Indian pupils speak in Thai or English merely. From the tabular array above, pupils who non utilize the school linguistic communication at place has been validated have lower academic accomplishment. Through this research analysis, S.J.K ( C ) Yuk Tse, Tumpat, Kelantan is holding some jobs which lead to pupils lower academic accomplishment particularly in Chinese Comprehension. First, the pupils from twelvemonth 3, twelvemonth 5 and twelvemonth 6 have lower accomplishment in Chinese Comprehension compared with other twelvemonth category. Majority of these pupils have female parents who in primary instruction degree. They have fewer books compared with other pupils. They speak in their ain female parent lingua but non in Chinese linguistic communication at place.5.4 Deductions of Research FindingsThis research is conducted to happen out the consequence of household background on pupils ‘ academicA accomplishment in S.J.K ( C ) Yuk Tse, Tumpat, Kelantan. This research can be a mention to this school to happen the ways to increase the pupils ‘ academic accomplishment. The ways below are suggested to increase the pupils ‘ accomplishment in Chinese Comprehension: Teachers as supervisors Teachers need to pay more attending and forbearance to the pupils who do non have any supervises from their parents. These pupils are confronting jobs in completing their prep at place. So, instructors play an of import function as their supervisors at school. As the pupils ‘ female parent lingua is non Chinese linguistic communication, it is decidedly become the pupils ‘ job when they ca n't understand the instructions from their instructors. Teachers need forbearance and steer them during the instruction and acquisition procedure. It is really of import to elicit their involvement to larn and talk in Chinese linguistic communication. Teachers as incentive Teachers need to promote pupils to read more Chinese books. Teachers can assist pupils to take printed stuff such as narrative books, amusing, magazines and others which suitable for their degree. Reading can assist the pupils to derive more involvement in larning Chinese linguistic communication. Furthermore, instructors besides need to promote pupils to talk Chinese linguistic communication with their parents. If their parents do non talk in Chinese linguistic communication, pupils can play function as a â€Å" little instructor † and seek to learn their parents in Chinese linguistic communication. Cooperation among parents and instructors Parents need to take part in school activities such as Parents and Teacher Association, Sport Day, Children Day, Annual Award Ceremony and others. Through these activities, parents will more understand the school map and cooperate with in educating their kids. Parents besides need to understand their kids ‘s demands and jobs. Parents can hold a meeting with their kids ‘s instructors and cognize more about their kids behavior at the school. Teachers and parents together think of ways to increase the pupils ‘ academic accomplishment. Encouragement from the parents Parents need to promote their kids to talk more Chinese linguistic communication at place. Children will non experience uneasy whenever they speak in this linguistic communication. Parents besides need to purchase some books or magazines to their kids or convey them to the library to borrow books. Parents need to promote their kids to read more books during their leisure clip and allow reading go one of their avocations.5.5 Further ResearchFurther researches are suggested as below: Research can be made on instructors ‘ learning methods due to the learning methods will impact the pupils ‘ academic accomplishment in this school. Make a questionnaire which focuses on the pupils ‘ acquisition job. It should be conducted to analyse the pupils ‘ acquisition job. Teachers can happen ways to work out the pupils ‘ jobs through the research consequence.

Nacirema

The Nacirema change their behavior leading up to December 25th on their approved calendar. They believe that a spirit called â€Å"Christmas† will magically fill themselves and the people around then with joy and caring tendencies. They tell their offspring and little ones that a large man in a red suit with a white beard will break into their homes on the 25th and leave gifts if their behavior is good. If they are bad this man will leave black natural resources, coal.The children are also told to leave cookies for the man, although he is already extremely stout. The adults although supply the children with gifts and not coal, whether the child is good or bad by cultural norms. The women of the homes spend days prepping the home for others to come. They wipe down floors and use a large machine to attempt to remove debris from the soft areas of the floor, although the floor will just collect more dirt and debris over time.Some Nacirema even go knocking on the doors of other Nac irema and when they answer, they sing. The Nacirema dedicate literature, moving pictures, and several items to this spirit. Also, the Nacirema place large amounts of small balls of light and other items on or around their places of rest to honor the spirit. not really fake greed Nacirema is American spelled backwards and refers to, with a degree/pretense of anthropological self-distancing, aspects of the behavior and society of citizens of North America.Studying the Nacirema remains useful and productive for Americans even half a century after Miner first did so because it helps us realize how our behavior may be viewed by other cultures and what that impression will do for our relationship. Also, it helps us realize what parts of our behavior that we may have overlooked that are superficial, unnecessary, or flat out wrong.

tv ads and children

tv ads and children 1.INTRODUCTIONAIMThe aim of this report is to investigate altitudes towards. The reasons why good workplace relationships can help you do your job better.This report is written for human resources department.1.2 BACKGROUNDThe influence of workplace relationship is very powerful. There are lots of theories about the effects of workplace relationship on doing job. Workplace relationship today is a force of influence not only directly but also indirectly. Many workplace relationships develop into positive and supportive friendships that make the workday enjoyable, creating a pleasant working environment. Pearson Linda (2011) point out that Maintaining good workplace relationship does much to increase a person's job performance, job satisfaction, chances for promotion, education opportunities and career success. Furthermore, Textor (2012) state that the benefit of a stable work life - as with a stable home life - is that workers play out their work lives and get to experience things.Howe ver, there are stresses in everywhere, especially in the workplace. There is a saying is that pressure has power. 'When that pressure becomes excessive or otherwise unmanageable it leads to stress. Stress can damage an employees' health and the business performance' (Brun, 2011). It is fact that workplace relationships are a powerful influence on doing job.This report consists of four sections. The introduction Section1 is followed by the method section, which describes how the research was conducted. The results of the research are presented in Section 3, Results and Discussion. The conclusion is a summary of the results which were found.2.Method2.1 Secondary sourcesSome newspapers and Internet from the last 2 years with data from recent research report on the reasons why good workplace relationships can help you do your job better. The information was found with the most common newspaper (The Age, The...

Earning management and cookie jar Coursework Example | Topics and Well Written Essays - 2500 words

Earning management and cookie jar - Coursework Example There are various business ethics as well as rules and regulations, which are compulsorily to be followed by every business organization. Many of these rules aim to protect the interest of the customers. Any trade practice that is against the ethics, will lead to legal proceedings and penalties. As per the various sections under the Consumer Protection Act, these entities can be punished if they breach any laws and bring harm to the customers. Earnings management can be defined as â€Å"a purposeful intervention in the external financial reporting process, with the intent of obtaining some private gain†. (Earnings Management Incentive and Techniques, n.d) Instead of doing business in a proper and sincere way, sometimes the management team may be forced to carry out business illegally due to various reasons. This is due to the fact that human beings are always keen on finding shortcuts for every task and, therefore, they always prefer these types of extreme earning management techniques. The common extra earning techniques followed are â€Å"cookie jar reserve technique, big bath techniques, big bet on the future technique, flushing,† (Popular Earning Management Techniques, n.d) stuffing the channel etc. In cookie jar reserve, the accounting rule GAAP is not followed properly. Here the profits made in the current year are used to cover for losses made in some other year, in order to ensure the profitability of the firm by meeting its margin. Big bath is used by companies when stiff competition arises, the company will plan on â€Å"restructuring† (Popular Earning Management Techniques, n.d.) the existing system and policies. Then, instead of recording the cost of such changes made in the organization, this loss is â€Å"reported as a non-recurring charge against income† (Popular Earning Management Techniques, n.d.). This is done for the purpose of maintaining the market

Product and Service Strategies Essay Example | Topics and Well Written Essays - 2750 words

Product and Service Strategies - Essay Example Style - look, fashion etc. Integrative force: Changing one or more of the above-discussed parameters could differentiate a Product. This will act as the competitive advantage or unique selling proposition of that particular product and to the company as a whole. Product Hierarchy: The hierarchy of a product starts from the basic need of the customer. A product is designed to fulfill the need. Then a product family emerges which includes major categories. i.e. for a life insurance both savings and income schemes will be included here or all insurance schemes will be grouped here. Then a product class emerges. i.e. considering only the income part of insurance. This is followed by product line where age groups come. Here the target market is known clearly. Then finally item comes where the focus will be on countries. i.e. Italian marble items are known world wide. Product Hierarchy Need Product family Product class Product line Product type Item Product Line Analysis This analysis will give clear details about the product Sales Profit Market profile Positioning Competition Identifying market segments Differentiation Finally, the management will be in a position to decide which product to focus more and which one to drop. Product Line Length The product line would be short if profits increase by adding items. The product line would be long if profits increase by dropping items. The General notion about the product length goes like this: A Company will have shorter product lines if its objective is short-term profitability or high profitability. A Company will have longer product lines if its objective is capturing more market share and market growth. The product line would lengthen for companies in due course of time. Commonly, companies...Product line pricing, a type of product mix strategy, sets price steps (also known as price points) between products in the line to appeal to different groups of consumers. Another product mix strategy called price bundling clusters two or more sports products into a single "packaged" price. Conversely, captive product pricing unbundled two or more sports products and sells each at a separate price. This type of product mix strategy is also referred to as two-part pricing. In economics and marketing, a service is the non-material equivalent of a good. Service provision has been defined as an economic activity that does not result in ownership, and this is what differentiates it from providing physical goods. It is claimed to be a process that creates benefits by facilitating either a change in customers, a change in their physical possessions, or a change in their intangible assets Intangibility - They cannot be seen, handled, smelled, etc. There is no need for storage. Because services are difficult to conceptualize, marketing them requires creative visualization to effectively evoke a concrete image in the customer's mind. From the customer's point of view, this attribute makes it difficult to evaluate or compare services prior to experiencing the service. Perishability - Unsold service time is "lost", that is, it can

Ten Critical Steps for Risk Managers Essay Example | Topics and Well Written Essays - 750 words - 1

Ten Critical Steps for Risk Managers - Essay Example The ten critical steps that could be taken by the risk managers to prevent losses due to political risk in the country are explained as follows. Firstly, the risk manager should undertake a study of the Mexican markets and the situations of crisis that has been prevailing. The risk manager should undertake an analysis of the political risk in the market and monitor the volatility of the market in order to understand the implications of political risk. Secondly, the demands of the markets and the political interference should be studied in order to prepare a plan for controlling the losses. Thirdly, the manager should engage with local public entities in order to understand the market sentiments in Mexico. Fourthly, the risk manager should hold meetings with the labor unions in order to understand the demands and expectations of the workforce. Fifth, the risk manager should be flexible enough to draw back up plans in case the primary plans fail to mitigate the risks. Sixth, the risk m anager should take support from the management in order to engage with the political representatives and leaders in order to strike a deal to maintain smooth operation of the business in conditions of turbulence. Seventh, the risk manager should propose the management to enter into strategic alliance with local business houses. This step would be crucial in order to restrict the losses due to local and political interferences. Eighth, the risk manager should undertake strategies for political risk insurance of the business in order to cover the exposure as a result of political uncertainty. Ninth, the risk manager should consider the returns in the study of risk. A higher and calculated risk could lead to attainment of higher returns for the risk manager. Thus the risk manager should undertake an analysis of the risk-return trade off. Lastly, the risk manager should be innovative and prompt to react to the political risk exposures and then take necessary steps as there is no single tool for restricting the losses with the continuous change in the markets in a volatile situation. Recommendation: steps to begin an import / export relationship In order to begin an import/ export relationship with Mexico, the following courses of action have been recommended. The recommended course of action not only mitigates the risk but also help to resume international trade, imports and exports with the country. The engagement in to talks and relationships with the government of Mexico may be suggested in order to force a deal of mutual interest between the Mexican government and the trader. However, the relationship ties may weaken with the passage of time and the risk manager would need to be flexible in order to restrict the losses due to political risk. The risk manager may enter into talks with the labor unions in order to negotiate terms for maintaining smooth operations of the business. However, political risk insurance may be recommended that would enable the risk man ager to build confidence of the management due to which relationship of export and import could be started with the country (MIGA, 2011). The risk manager could take necessary actions of engaging into contracts with the local bodies, export credit agencies

The Most Challenging Aspects of Today's Global Business Environment Essay

The Most Challenging Aspects of Today's Global Business Environment - Essay Example Today, social networks have created an information age, where businesses need to be part of the evolving network to succeed (Castells, 2010). In with the changes, the paper seeks to identify the most challenging aspects of today’s global business environment and the opportunities that exist in them for business operatives. Johansson and Leigh (2011) cited the penetration levels of multinational companies into the BRIC markets as a typical scenario of the growing importance of emerging markets in today’s global business environment. As a result of the concentration, business leaders are forced to follow the new flow of social influence by also making meaningful impacts in emerging markets (Dholakia and Talukda, 2004). On the opportunities that emerging markets present, Wilson and Purushothaman (2003) made mention of conducive political provisions that exist in most of these markets as a way of making them globalised destinations for foreign direct investments. There are also economic incentives including tax holidays and access to government supported loans (Crane, Kawashima and Kawasaki, 2002). Even more, consumers in emerging markets have become part of a global consolidation that has developed a new twist to consumer behavior, where the preference for quality forces companies to optimise thei r potentials (Gupta, 2011). The opportunities notwithstanding, there are key challenges that most emerging markets present multinational companies and other companies in the global business environment. For example, the use of superimposition, which for a long time was seen to be a major advantage for companies have been cautioned by Featherstone (1991) as having major disadvantages in any competitive global engagement. Again, the economic growth pattern of most of these emerging markets has been questioned by Smith (2014) and The Economist (2013) as being unsustainable but rather short-lived. This is because in

Summarising the Paris Agreement

Summarising the Paris Agreement The Kyoto Protocols second commitment period is due to end in the year 2020, the same time as the new Paris agreement is due to come into force to replace this protocol (Wilder, Richard and Curnow, 2016). Given that the issue of fragmentation described earlier hinges on the provisions present in the Kyoto protocol, it is clear that the provisions introduced in the new agreement have the potential to change the fragmented relationship between the climate and biodiversity regimes. This presents a unique opportunity to: examine how[A1] this relationship may have changed; critique the Paris agreements attempts at managing fragmentation; examine how the international community may be attempting to improve fragmented regimes[A2]; suggest how the international community might be able to improve on the weaker areas. To do this it is first necessary to provide a summary of the Paris agreement, exploring how it may differ from the Kyoto protocol in general and specifically in its delimitations on the use of forests in achieving the objectives of the UNFCCC. To then go on to discuss what these differences mean for the fragmented UNFCCC-CBD regime. Background During the 2011 United Nations Climate Change Conference, the Durban Platform (and the Ad Hoc Working Group on the Durban Platform for Enhanced Action) was established with the aim to negotiate a legal instrument governing climate change mitigation measures from 2020. The Durban Platform decision had identified the focus of work for the 2015 Agreement as mitigation, adaptation, finance, technology development and transfer, transparency of action, and support and capacity building. Developed countries, however, had long sought to focus on mitigation and transparency alone, while many developing countries had argued for parity in treatment across mitigation, adaptation, transparency and means of implementation (finance, technology and capacity building). [A3]The agreement entailed the continuation of the Kyoto Protocol in the interim, although only some countries including members of the EU were indicated as likely to commit.[A4] The terms of the Durban Platform were ultimately met fol lowing the successful negotiation of the Paris Agreement through decision 1/CP.21, the text of the Paris Agreement is contained in the annex to this decision. The resulting agreement was to be adopted in 2015. The language of the agreement was negotiated by representatives of 195 countries at the 21st Conference of the Parties of the UNFCCC in Paris and adopted by consensus on 12 December 2015. It was opened for signature on 22 April 2016 (Earth Day) 175 Parties (174 states and the European Union) signed the treaty on the first date it was open for signature. As of December 2016, 194 UNFCCC members have signed the treaty, 126 of which have ratified it. After several European Union states ratified the agreement in October 2016, there were enough countries that had ratified the agreement that produce enough of the worlds greenhouse gases for the agreement to enter into force. The agreement went into effect on the 4th of November 2016. Preamble and Purpose The preamble establishes the overarching context for the operative elements of the agreement, the importance of: nature is recognised and enshrined in addressing the challenges of adaptation and mitigation; sinks and reservoirs, including forest ecosystems and unlike the Kyoto protocol, the importance of protecting biodiversity is mentioned: The Parties to this Agreement, Noting the importance of ensuring the integrity of all ecosystems, including oceans, and the protection of biodiversity. Through this framing the importance of nature is recognised, and can be expected to lead to a greater focus on maintaining healthy ecosystems, which up until now has been an underrepresented dimension of climate change solutions. [A5] General [A2] The Paris Agreement has a bottom up [in parts] structure in contrast to most international environmental law treaties which are top down, characterised by standards and targets set internationally, for states to implement. Like the Kyoto Protocol the aim of the convention is described in Article 2, enhancing the implementation of the UNFCCC. Is an unusual Agreement, containing a carefully calibrated mix of hard, soft and non-obligations, the boundaries between which are blurred. Each of these types of obligations plays a distinct and valuable role. The hard obligations of conduct in mitigation and finance, in conjunction with a rigorous oversight system, form the core of the Paris Agreement. The soft obligations peppered throughout the instrument in relation to mitigation, adaptation and means of implementation create good faith expectations of Parties. And the non-obligations, albeit unusual in operational provisions of treaties, provide valuable context, construct narratives and of fer mutual reassurances. NDCs [A3] Unlike its predecessor, which sets commitment targets that have legal force, the Paris Agreement, with its emphasis on consensus-building allows for voluntary and nationally determined targets[A6]. Nationally determined contributions [NDCs] are determined by all countries individually Article 3 requires them to be ambitious, represent a progression over time and set with the view to achieving the purpose of this Agreement. The contributions should be reported every five years, the contributions themselves are not binding. The specific climate goals are thus politically encouraged, rather than legally bound. Only the processes governing the reporting and review of these goals are mandated. While each Partys NDC is not legally binding, the Parties are legally bound to have their progress tracked by technical expert review [A7]to assess achievement toward the NDC, and to determine ways to strengthen ambition. Forests [A5] Importantly the main text includes a section dedicated specifically to the role of forests in climate change mitigation, sending a strong political signal to both developed and developing countries that they should implement and support: forest protection, sustainable management and restoration. It differs from the Kyoto protocol in that it does not include provisions commanding the promotion of policies associated with either afforestation, reforestation or deforestation, nor are these prescribed to meet any such commitments. Article 5, integrates these forest-based climate change mitigation and adaptation measures in the operational scheme of the Agreement, noting in paragraph 1 that: Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d), of the Convention, including forests. This pledge to fight deforestation and promote conservation has been regarded by some as a key shift in the in ternational climate regime. It provides a legal basis to require Parties only to conserve and enhance ecosystems when taking INDCs to address climate change. Note importantly that this provision encourages all parties, developing and developed to use ecosystem based mitigation options. Furthermore reference to reservoirs of greenhouse gases could provide a basis for use of carbon capture and storage technologies according to those who view Article 4, paragraph 1 of the UNFCCC as an encouragement to use such technology based options. REDD [A8] [A5] Whereas provisions relating to forest conservation in developing countries were deliberately omitted from the Kyoto protocol[A9], due to efficiency concerns. REDD+ was formally recognised in an explicit and standalone part of the Paris agreement, article 5.2, in which Parties are encouraged to take action to implement and support, [-][A10], the existing framework for: policy approaches and positive incentives for activities relating to reducing emissions from deforestation and forest degradation. Note the specific wording designed to prevent REDD+ from becoming a formal mechanism under the Convention, chosen to prevent the kind of administrative barriers that have been encountered when approving projects under the existing Clean Development Mechanism. Encourages implementation and support, among others, of REDD+, and alternative policy approaches such as joint mitigation and adaptation approaches for integral and sustainable management of forests. Article 5 paragraph 2 refers to fram eworks, decisions and guidance adopted over the years as they relate to forests, including REDD+, it also reaffirms the importance of non-carbon benefits of forests. REDD Background[A11] REDD+ which has been in development since 2005, was the subject of intense negotiation during the 2015 climate change conference in Paris. Its inclusion in the Paris agreement is a notable achievement. High on the agenda in the lead up to Paris was the ambiguity associated with the lack of a strong political signal to assure the international community that REDD+ was a permanent addition to the climate regime. Countries such as Brazil (who have long opposed the proliferation of forest regimes) did not want any reference to REDD+ at all, arguing that the arrangements had already been formulated through the Warsaw Framework for REDD+. Whereas organisations such as the Coalition for Rainforest Nations (CRN) argued for further provisions to establish financing for REDD+. REDD was considered for inclusion alongside other mechanisms such as the Joint Mitigation and Adaptation Mechanism (JMA). Other key topics of discussion included whether REDD+ reductions would count toward countries nati onal climate action plans, or INDCs. Text Despite the CRNs efforts, the new treaty [does not introduce any new finance commitments, pledges or channels, beyond those found in Article 9]. Though [clause 55 specifically recognised the need for financial resources to support forest-related activities, with particular mention of joint mitigation and adaptation approaches for the integral and sustainable management of forests.] The provisions in article 5.2 are considered to be positive for forests, by formally recognising the role they play in combatting climate change, providing the necessary political signal to mobilise action and by operationalizing the REDD+ package, sending a clear message that it is a prominent piece of the new global climate action strategy. Sustainable Development Mechanism [A6] Establishes the sustainable development mechanism an advancement of the clean development mechanism that was present in the Kyoto protocol which facilitated the collaborative pursuit of emissions reductions for their Intended Nationally Determined Contributions. Notably, the SDM, unlike the Clean Development Mechanism, will be available to all parties as opposed to only Annex-1 parties, making it much wider in scope. Although the structure and the processes governing the SDM are not yet determined the specifics of the governance structure, project proposal modalities, and overall design are expected to come during the next Conference of the Parties in Marrakesh. Relevance to REDD+ forest based mitigation will form part of the SDM, including measures for public and private participation that could possibly mobilise private financing [A12]for REDD+, forest conservation and sink enhancement. Flexibility Throughout article 6 Provides benefits to REDD+ mechanism in the form of the transference of mitigation outcomes (including emissions reductions or removal enhancement). Furthermore it is stipulated that cooperation in implementing NDCs must provide reference to REDD+ as well as stipulating the trading of emissions reductions. Scope Another key difference between Paris Agreement and the Kyoto Protocol is its scope. While the Kyoto Protocol differentiated between Annex-1 and non-Annex-1 countries, this bifurcation is blurred in the Paris Agreement, as all parties will be required to submit emissions reductions plans. The acknowledgement that different nations have different capacities and duties to climate action it does not provide a specific division between developed and developing nations. Adaptation Adaptation issues garnered more focus in the formation of the Paris Agreement. Collective, long-term adaptation goals are included in the Agreement, and countries must report on their adaptation actions, making adaptation a parallel component of the agreement with mitigation. May be relevant to forests in that it requires the protection of ecosystem and the implementation of measures to increase their resilience. Transparency Article 13 of the Paris Agreement articulates an enhanced transparency framework for action and support that establishes harmonized monitoring, reporting, and verification (MRV) requirements. Thus, both developed and developing nations must report every two years on their mitigation efforts, and all parties will be subject to both technical and peer review. The agreement also has an enhanced transparency framework over the Kyoto protocol the Parties are legally bound to have their progress tracked by technical expert review to assess achievement toward the NDC, and to determine ways to strengthen ambition. Article 13 of the Paris Agreement articulates an enhanced transparency framework for action and support that establishes harmonized monitoring, reporting, and verification (MRV) requirements. Thus, both developed and developing nations must report every two years on their mitigation efforts, and all parties will be subject to both technical and peer review. Carbon Market Additional elements include in article 6 the basis for a global carbon market, involving the international transfer of mitigation outcomes (ITMOs) . [A13] [A1]Expand on this [A2]Compare to the suggestions that critics have offered [A3]Necessary? [A4]? move [A5]Consider moving to discussion? [A6]Could result in less emphasis on need for conversion? [A7]Do these experts: note the importance of biod? [A8]More information needed [A9]Check this [A10]Include [A11]Consider order [A12]There are private financing afforestation projects? [A13]To complete, are there more aspects?