The Concepts of Case Laws and Statutes Research Paper

The Concepts of Case Laws and Statutes - Research Paper Example The supplementary foundation's law consists of case law by the Court of Justice, the general doctrines of the European Union law and international law. The supplementary bases of the European law are unrecorded bases consisting of the Court of Justice of the European Union case law, general principles and international laws. The supplementary foundations are normally of judicial derivation and are applied by the Court of Justice of the EU in cases where the secondary and/or primary legislation may or cannot resolve the matter amicably. From during the 1970s, fundamental rights which are acknowledged as the general principles of the European Union law have been incorporated into the principal legislation in the EU. The EU and its member countries are compelled to abide by the international law, as well as its customary law and treaties, and this fact by itself has particularly made it manipulate the growth of the universal principles of the EU. Nevertheless, the Court of Justice of th e EU may reject some particular principles of the international law that it regards as contrary with the composition of the EU, for instance, the principle of reciprocity in the achievement of state requirements. The Court of Justice of the EU is founded through Article 19 of the Maastricht Treaty and comprises of specialized courts, General Court and Court of Justice. The duty of the court is to ensure that in the application and interpretation of the Treaties the law is strictly observed.

Are equity markets efficient Assignment Example | Topics and Well Written Essays - 750 words

Are equity markets efficient - Assignment Example Therefore, the allocatively efficiency is determined by utilising a very complicated economic model2. Financial literatures have also eluded that, apart from other factors in global and local market, operational and informational efficiency have a very essential role in shaping market allocative efficiency. For instance, if some investors have realised that some dominant investors in the market have essential information on the market trend, then the possibility of demanding a higher rate of returns on asset is relatively high. The liquidity in assert prices have a considerable role in shaping allocative efficiency. Based on the available information, it is factual to state that the existing microstructures finance does not provide specific question on the nature and profitability in the market. Consequently, equity markets are in most cases inefficient. Moreover, the level of market efficiency depends on the degree of operational and information efficiency. The allocation of funds i n any project depends on the available information regarding the productivity and worth of the project or investment. Very few investors develop interest to invest on projects that have limited rewards on their investments. Moreover, dominant investors in modern market control and manage operation and productivity of specific market. The dominance of market by prominent investors, therefore, increases the rate of inequity in modern market. Moreover, in an inequitable market, most decision make formulated and implemented by individuals who have personal interest in the market3. Operational efficiency Operational efficiency is the evaluation of cost incurred in the transfer of funds from savers to investors. Therefore, operational efficiency is used to define the entire transaction cost in financial sector. In an ideal market, the transaction cost in the market should reflect the marginal cost of offering services to market participants4. Moreover, the management and execution of oper ational efficiency is in most cases based on the liquidity of a specific market. However, modern market has proved to be inefficient due inefficient mechanisms that can necessitate investors to transact their business in a reasonable size without paying huge transaction cost. Searchers and financial theorists have as well claimed that sophisticated investors and entrepreneurs invest in markets with many liquidity-based investors in order to hide their trades. This, therefore, means that the level of informational efficiency is associated with the level of operational efficiency. The amount of information available regarding to the prices in the market determines the level of liquidity in the market. The association of the amount of resources in the market with liquidity level in the market explain the level of inequity in modern market efficient5. Informational efficiency The assert market is presumed to be informational efficient if the prices of asset have totally incorporated the required information on fundamental values. The efficient of the markets is, therefore, defined by the price information that is available to market participants. However, the market informational efficient is to some extent weakened by inclusion of past prices in current prices. The incorporation of past prices in new prices rules out the employment of technical trading rules and regulations in making excess return6. A market is in â€Å"semi-strong form of efficient†

Effect of Community Care on Needs of Service Users

Effect of Community Care on Needs of Service Users Community Care Introduction Foster and Roberts (1998, p. i) indicate that there are deficiencies in †¦ the ‘triangular’ relationship between user, carer an community†. They point out that there is a â€Å"†¦common tendency to establish a two-way relationship, and disregard the perspective of the third party †¦Ã¢â‚¬  which â€Å"†¦obstructs the healthy functioning of the care system† (Foster and Roberts, 1998, p.i). Booker and Repper (1998, p. 4) expound upon the preceding in adding that â€Å"†¦ community living is particularly difficult for people who have serious mental illness, many of whom experience frequent re-admissions in times of crisis and survive inadequately: in poverty and isolation, without work, with poor social supports and networks, and at risk of victimisation, exploitation, homelessness and imprisonment†. They add that â€Å"Indeed the community tenure of this population is often dependent upon the support of informal carers who ine vitably have problems and needs themselves† Booker and Repper, 1998, p. 4). The foregoing points to valid issues brought out regarding the community care system that indicate need further examination, and which represents the focus of this examination. Such asks the question, ‘to what extent is current community care policy and practice responsive to the needs and concerns of service users and carers? The preceding represents an expansive discussion. In order to formulate a balanced assessment of these aspects, this examination shall seek to break down the context into the three frameworks as indicated by Foster and Roberts (1998, p. i), and examine key policy frameworks, and practice developments representing the four specific areas of disability, health, mental health and older people in community care. In said examination, this study shall consider the extent to which policy and practice has been shaped by factors other than the needs and concerns of service users and carers. In a study conducted by the Hull Community Care Development Project over a three year period, it found that â€Å"†¦ care and support issues have been largely neglected in area-based work† (Joseph Rowntree Foundation, 2004). The following shall seek to reach a determination if that assessment is true in terms of the four areas identified, disability, health, mental health and older people. Community Care represents the help as well as support that is provided to individuals that aids them in being able to live either in their own homes, or in a home type setting in their community (careline.org.uk, 2007). The foregoing assistance can consist of representing help for the individual that needs the aid to live in the community as well as help and or assistance for the carer. The government’s policy on community care sets forth six key objectives (careline.org.uk, 2007). The first represents the providing of â€Å"†¦ home care, day and respite services †¦Ã¢â‚¬  that enables individuals, wherever feasible as well as possible, to live in their own homes (careline.org.uk, 2007). Secondly, it entails the making of a proper assessment concerning â€Å"†¦ need and good care management †¦Ã¢â‚¬  which represents â€Å"†¦ cornerstone of high quality care† (careline.org.uk, 2007). The third area represents the promoting and â€Å"†¦ t he development of a flourishing independent sector alongside good quality services† (careline.org.uk, 2007). The fourth element consists of the clarification of responsibilities to thus make it easier to hold the various agencies accountable for their performance (careline.org.uk, 2007). The fifth aspect represents, â€Å"†¦ to secure better value †¦Ã¢â‚¬  for expenditures as a result of the introduction of â€Å"†¦ new funding structures for social care† (careline.org.uk, 2007). With the last area, sixth, representing the providing of â€Å"†¦ additional help for carers †¦Ã¢â‚¬  as well as offering a choice for patients and the general public (careline.org.uk, 2007). Community Care services are available to support older people, individual with physical disabilities, learning disabilities, mental health problems and chronic illness (careline.org.uk, 2007). The services that are available, which can differ slightly in some areas, basically consist of 1). Home care, that includes assistance with washing and dressing, 2) meals on wheels and frozen meals, 3) equipment as well as various adaptations to make living at home an easier prospect, 4) Day care centers that contain helpful activities, 5) respite services, 6) supported housing for individuals that with mental health and or disabilities. 7) intermediate care, 8) practical as well as financial assistance, 9) community nursing, 10) incontinence as well as NHS supplied nursing equipment (careline.org.uk, 2007). Community Care Policy The National Health Service and Community Care Act of 1990, that was phased into operation over a three year period, established a system whereby the needs of individuals were assessed entailing an agreed upon care plan, assigned worker and regular progress reviews (BBC News, 1998). Part of the procedural aspects of the foregoing was identifying those individuals whom might represent a significant risk, either to themselves and or others (BBC News, 1998). Those so identified where placed onto a ‘Supervision Register’ to prevent them from ‘slipping through the net’, which of course did not, and has not proven full proof (BBC News, 1998). The purpose of the National Health Service and Community Care Act of 1990 was to â€Å"†¦ split health and social care provision between purchasers and providers to create an internal market† (Leathard, A., 2003, p. 16). This approach represented a means â€Å"To curb costs, purchasers were required to assess nee ds, while providers were intended to compete against each other to secure contracts from the purchasers† (Leathard, A., 2003, p. 16). The foregoing represented efficiency from the standpoint of governmental administration, however, it shortchanged the ends users, and the patients, in that it immersed them into a bidding supply system that did not place their needs and concerns upper most in the hierarchy. Leathard (2003, p. 16) states that the preceding â€Å"The split between purchasers and providers, as well as the competition between the providers themselves, led to fragmentation of services but a collaborative momentum began to build up between the purchasers†. Important in the foregoing, is the understanding that the methodology provided the District Authorities with the power to purchase hospital care, and the family health service authorities had the responsibility â€Å"†¦for services provided by GPs, pharmacists, dentists and opticians, while local authorities covered the purchasing of all social services in the community† (Leathard, A., 2003, p. 18). The Secretary of the Central Association for Mental Welfare, Evelyn Fox, in 1930 stated the pure view of community care was one that has seemingly gotten lost in the translation to practice, (Fox, 1930, p. 71): â€Å"Community Care should vary from the giving of purely friendly advice and help to the various forms of state guardianship with compulsory power . . . It should include the power of affording every kind of assistance to the defective boarding out, maintenance grants, the provision of tools, travelling expenses to and from work, of temporary care, change of air in a word, all those things which will enable a defective to remain safely in his family . . . If the state has undertaken the duty and responsibility of active interference in the life of an individual by supervision, compulsory attention and so forth, it must undertake the corresponding duty of making his life as happy as possible. The effective control of a defective at home does inevitably mean a restriction in his complete freedom to go in and out as he pleases, to make what friends he chooses, to select what type of employment he likes out of those that are open to him. To impose these limitations without at the same time giving compensating interests is to court disaster†. Her statement, which has validity today, saw the family at the centre of community care. In fact, her view was that families should be co-opted to supply effective control (Fox, 1930, p. 73). The policy statements thus far put into action have tended to favour the carers more than the service users, which is shown by the following. The NHS and Community Care Act 1990 is based upon the â€Å"†¦ triumvirate of autonomy, empowerment and choice (Levick, 1992, pp. 76-81). Smart, 2002, p. 102) as well as Biggs and Powell (2000, pp. 41-49) both state that the ‘Act’ has a major weaknesses in that it fails to account for any critical analysis concerning the role as well as daily practices of care managers. Clements (2000) provides a critical observation in stating that community care law bears the indelible stamp of its poor origins and that the present shape still resembles Beveridges vision of the welfare state. Care in the Community was a policy of the Margaret Thatcher government in the 1990’s whereby she questioned the existence of society and sought via the NHS as well as the Community Care Act 1990 to extend the privatisation agenda into health and community care through the creation of NHS trusts, the greater use of independent residential and nursing homes, and the general promotion of the mixed economy of care (reference.com, 2007). The preceding represented the second shift in the community care / health care approach. The third shift occurred under Section 6 of the Human Rights Act 1998 which casts the definition of a public authority as â€Å"to embrace any person some of whose functions are of a public nature† (Bacigalupo et al, 2002, p. 249). The preceding continues â€Å"The expansive nature of this concept was explained by the Lord Chancellor who stated that the key question is whether the body in question has functions of a public nature †¦ If it has any functions of a public nature, it qualifies as a public autho rity† (Bacigalupo et al, 2002, p. 249). The foregoing means that â€Å"†¦ private community care providers as represented by residential care home owners, and or voluntary sector service providers such as Age Concern, MIND or housing associations are public authorities in relation to anyone for whom they provide publicly funded care† (Bacigalupo et al, 2002, p. 249). They continue that â€Å"Such providers now shoulder public responsibilities for their vulnerable clients and are accountable in public law for their actions† (Bacigalupo et al, 2002, p. 249). The Department of Health has accordingly emphasised the need for English social services departments to ensure that contractors and independent providers are made aware of their new duties† (Bacigalupo et al, 2002, p. 249). Under Article number 2 of the Act, which relates to policy for the Community Care Act 1990, it requires that the government and local authorities take reasonable measures to protect life (Bacigalupo et al, 2002, p. 249). Studi es conducted by the Times (1994) found that relocating institutionalised elderly people to a new residence may have a dramatic effect on their mental health and life. A study by the Journal of American Geriatric Society (1994) indicated that mortality rates run as high as 35% in such instances. Service Users and Carer Perspectives Both aspects point out the fact that the system was not geared to the well being of the users. Further evidence of the foregoing was also expressed by Hardy et al (1999, pp. 483-491) who pointed out that the changes as brought forth in policy by the 1989 white paper ‘Caring for People’ as well as the 1990 NHS and Community Care Act were to increase choices for users as well as carers. The preceding changes were as a result of the fact that service users had been subordinate to professional service providers (Hardy et al, 1999, pp. 483-491). In addition, their had also been an inherent bias of funding that was geared for residential and nursing care and that such had deprived service users of the choice of being cared for in their own homes (Hardy et al, 1999, pp. 483-491). This was expressed by Leathard (2003, p. 16) who stated, â€Å"The split between purchasers and providers, as well as the competition between the providers themselves, led to fragmentation of services but a collaborative momentum began to build up between the purchasers†. The preceding was a result of the efficiency the Act brought to community care which did not address the needs, wishes and concerns of the users as it put them into a bidding system that saved money, but resulted in poorer care. The foregoing included all four areas, disability patients, health patients, as well as mental health, and elderly patients who were caught in policy and practice developments. The Kings Fund Rehabilitation Programme (Hanford et al, 1999) addresses the foregoing deficiencies through policy initiatives based upon three themes, 1) working in partnership, 2) joint planning, and 3) commissioning. The preceding has been further developed through the King’s Fund updated statements on health and social care, in community based settings (King’s Fund, 2003). The combined initiatives have been devised to loosen governmental control and provide more accountability to patients and the local community (King’s Fund, 2003). Such a shift in policy will also affect hospitals as well as other what is termed as frontline providers to thus be more responsive to local needs and potentially improved performance (King’s Fund, 2003). The King’s Fund (1999) pointed out that the primary responsibility for the improvement in health programmes, specifically with regard to community care, lies with the health authorities, The King’s Fund (1999) also pointed out the however it is the local authorities that are expected to work out the objectives in improving the health and well being of their local communities. The initiatives put forth by the King’s Fund (1999) (2003) have been designed and crafted to achieve these lends through streamlining of the policy and operational facets. An important aspect of the 1999 King’s Fund initiative entailed calling for improved preventive services that called upon local authorities to aid users to take on as many tasks as they could for themselves for as long as they could, along with living in their own homes for as long as possible. The preceding was borne out of fiscal realities, in order to better conserve funds. However, in light of the findings of studies conducted by the London Times (1994) as well as the Journal of American Geriatric Society (1994) that found that elderly patients that were institutionalized had morality rates that ran as high as 35% in many instances, means that this approach had definitive merits beyond the saving of funds. The foregoing approach was based upon older policy documents by the government that reinforced the methodology of fostering greater independence. Such was put forth by the Department of Health that stated the promotion of independence would â€Å"†¦ have a positive effect on informal or unpaid carers †¦ (King’s Fund, 1999). The King’s Fund (1999) also pointed out under ‘Best Value Initiatives’ â€Å"†¦ local authorities should reduce delays in providing housing adaptations as part of the general move towards increased accountability to local people†. The above recognizes the need as well as better care that users would and do receive from home based care that Evelyn Fox brought forth back in 1930. Her statement â€Å"If the state has undertaken the duty and responsibility of active interference in the life of an individual by supervision, compulsory attention and so forth, it must undertake the corresponding duty of making his life as happy as possible† (Fox, 1930, p. 71). The initiatives of the King’s Fund helped to remove the stigma as indicated by Clements (2000), that community care law bears the indelible stamp of its poor origins and that the present shape still resembles Beveridge’s vision of the welfare state. The initiative also addressed the observations of Smart, 2002, p. 102) as well as Biggs and Powell (2000, pp. 41-49) who both stated that the ‘Act’ had a major weaknesses in that it failed to account for any critical analysis concerning the role as well as daily practices of care ma nagers. Through promoting more in home care for as long as possible, signaled a change in direction. Policy changes as brought forth in 1997 resulted in the United Kingdom government issuing in June of each year a policy document informing the Health Authorities of their purchasing intentions for the following year (NHS Executive, 1996). Resulting there from were three sets of objectives: long-term objectives and policies; medium-term priorities and objectives for the 1997/98 year; and baseline requirements and objectives for 1997/98 year (NHS Executive, 1996). In the longer term, performance will be assessed under three headings: equity, efficiency, and responsiveness (NHS Executive, 1996, pp. 11-21). Under the 1997 New Labour reforms, Health Authorities are to be responsible for drawing up three-year Health Improvement Programmes, which are to be the framework within which all purchasers and providers operate (NHS Executive, 1996, pp. 11-21). Under Section 17 of the Health Act 1999 it accords wide powers to the Secretary of State to give directions to Health Authorities, Primary C are Trusts, and NHS Trusts. Prior to the 1997 New Labour proposals, monitoring efforts in the UK’s internal market concentrated on a small set of dimensions of output: annual growth in activity, waiting times, and targets for improvements in the health of certain groups of the population (Propper, 1995, pp. 1685). The foregoing is why the Health Authorities had focused on performance being monitored, but not the needs, desires and wishes of patients and carers. Changes in Direction The preceding facets were thus corrected under the indicated 1997 New Labour proposals promise to broaden performance measures to â€Å"things that count for patients, including the costs and results of treatment and care† (Department of Health, 2007). This represented the backbone of the indicated King’s Fund (2003) initiatives that have resulted in better patient and carer involvement. The Human Rights Act has had implications both for service users as well as carers in terms of re-focusing upon rights afforded them. It provides for them to have the right to life, the right to be free from inhuman and or degrading treatment, as well as the right to respect for private and family life (Carers UK, 2005). These aspects might seem as being basic rights that carers should have had all along. However, governmental surveys have shown that all too often the rights of carers are ignored and need to be balanced against the people they care for (Carers UK, 2005). The United Kingdom’s National Strategy for Carers (Carers.UK, 2005) revealed, â€Å"carers’ rights are not adequately considered†. The preceding represents that under the Human Rights Act the rights of patients is balanced against the rights of the carer to mean that their views are considered by social services in the rendering of decisions. In addition, the research uncovered that all too frequently â€Å"carers’ rights are not real† (Carers.UK, 2005). The foregoing refers to assessments of carers regarding either their opinions and or rights as well as those expressed on behalf of their patients. Research conducted uncovered that carers’ all to frequently feel that their views and opinions are not considered in assessments and or decisions (Carers.UK, 2005). The third aspect of this facet represents the fact that carers’ as well as patients feel that â€Å"resources are inadequate to allow rights to be protected† (Carers.UK, 2005). The foregoing refers to the services needed are in all too many instances not available as a result of resources that are inadequate in terms of the cost and or staff time (Carers.UK, 2005). The last aspects refer to â€Å"good practice need not be expensive† (Carers.UK, 2005). The research conducted indicated that there are instances whereby imaginative good practice helped to safeguard the human rights of carers. One such example that was provided referred to the utilization of a 24-hour hotline that enabled carers as well as patients to arrange for support in cases of emergency thus referring to the ‘right to life’ aspect of human rights (Carers.UK, 2005). However, unfortunately, there are too few such examples. Conclusion The King’s Fund has been most progressive in being circumspect as well as balanced in their review and analysis of legislation, policy, procedures and rights as contained in documentation and as provided by carers and patients. Steps to shore up the human rights of carers as well as patients have been implemented under the Carers Recognition and Services Act 1995 (opsi.gov.uk, 1995) that calls for a separate assessment of carers at the same time one is carried out for patients. The vagueness is being addressed to clear up ambiguities in terms of words and phrases such as ‘substantial care’ services are a result of assessment, autonomy, health and safety, management of daily care routine and involvement (opsi, 2000). The preceding represents four key criteria under the Carers and Disabled Children Act 2000 (opsi, 2000). It corrects the loopholes found under the Carers Recognition and Services Act 1995 in that anyone over the age of 16 years of age who are or intend to provide substantial care that will be on a regular basis for another individual over the age of 18 years of age is entitled to an assessment (opsi, 2000). The preceding occurs regardless of whether the individual for whom they provide care and or support to has refused community care services (opsi, 2000). Additionally, social workers are advised to provide potential carers of their rights through the hand out of a special booklet that sets forth the benefits in receiving a carers assessment (Carers.UK, 2005). All of the foregoing represent policy and practice developments that are and have addressed a number of carer and patients concerns and issues under community care for disability, health, mental health and the elderly, yet there is still room for improvement. As shown and evidenced throughout this examination, governmental policies in terms of community care policies and practice for the areas of disability, health, mental health and the elderly has been one of evolution. Sometimes however, representing backward steps before moving forward. Evelyn Fox (1930, p. 71) represents an example of progressive thinking and understanding that was not put into practice initially, but was gradually recognized as the approach later in the process. Her statement that placed the family at the center of community care was initially usurped by the efficiency of the National Health Service and Community Care Act of 1990 was devised to curb costs, but shortchanged patients and carers (Leathard, 2003, p. 16). As the system evolved, through its triumvirate of autonomy, empowerment and choice (Levick, 1992, pp. 76-81), it was impacted by the Human Rights Act 1998 and more recently by the combined initiatives of the King’s Fund (2003). These initiatives helped to reshape the inadequacies as presented by the efficient governmental system and adding more humanity, understanding and caring. Through addressing the observations of Smart, 2002, p. 102) along with Biggs and Powell (2000, pp. 41-49) who commented that the Act’s major weaknesses represented its failure to account for a critical analysis of the roles and daily care practices of carers and the importance of maintaining home care for as long as possible. Additionally, the King’s Fund (2003) initiatives brought forth the importance of the carer, patient voice in their affairs as a part of the overall community based care programmes. Thus, after 80 years, the system as swung back to Evelyn Fox (1930. p. 71). Family, after all, is the basis for the community, and as such is the foundation of community care. Bibliography Bacigalupo, V., Bornat, J., Bytheway, B., Johnson, J., Spurr, S. (2002) Understanding Care, Welfare and Community: A Reader. Routledge, London, United Kingdom BBC News (1998) The origins of care in the community. 29 July 1998. Retrieved on 11 May 2007 from http://news.bbc.co.uk/2/hi/health/background_briefings/politics_of_health/141204.stm Biggs, S., Powell, J. (2000) Surveillance and Elder Abuse: The Rationalities and Technologies of Community Care. Vol. 4, No. 1. Journal of Contemporary Health Booker, C., Repper, J. (1998) Serious Mental Health Problems in the Community: Policy, Practice and Research. Balliere Tindall, London, United Kingdom careline.org.uk (2007) What is Community Care? Retrieved on 11 May 2007 from http://www.careline.org.uk/section.asp?docid=166 Carers UK (2005) Whose rights are they anyway? Carers and the Human Rights Act. Retrieved on 14 May 2007 from http://www.carersuk.org/Policyandpractice/PolicyResources/Research/ResearchHumanRightsReport.pdf Clements, L. (2000) Community Care and the Law. Legal Action, London, United Kingdom Department of Health (2007) The New NHS. Retrieved on 14 May 2007 from http://www.archive.official-documents.co.uk/document/doh/newnhs/newnhs.htm Foster, A., Robert, V. (1998) Managing Mental Health Care in the Community: Chaos and Containment. Routledge, London, United Kingdom Fox, V. (1930) Community Schemes for the Social Control of Mental Defectives. Vol. 31. Mental Welfare Hanford, L., Easterbrook, L., Stevenson, J. (1999) King’s Fund Rehabilitation Programme. King’s Fund, London, United Kingdom Hardy, B., Young, R., Winslow, G. (1999) Dimensions of Choice in the assessment and care management process: the views of older people, carers and care mangers. Vol. 7, No. 6. Health and Social Care in the Community. Joseph Rowntree Foundation (2004) Community care development: a new concept. Retrieved on 11 May 2007 from http://www.jrf.org.uk/knowledge/findings/socialcare/534.asp Journal of American Geriatric Society (1994) Relocation of the aged and disabled. Vol. 11. of American Geriatric Society King’s Fund (2003) Kings Fund statement on the health and social care (community health and standards) bill. Retrieved on 13 May 2007 from http://www.kingsfund.org.uk/news/press_releases/kings_fund_34.html Leathard, A. (2003) Interprofessional Collaboration: From Policy to Practice in Health and Social Care. Brunner-Routledge, London, United Kingdom Levick, P. (1992) The Janus face of community care legislation: An opportunity for radical. Vol. 34. Critical Social Policy NHS Executive (1996) Priorities and Planning Guidance for the NHS. NHS Executive opsi.gov.uk (2000) Carers and Disabled Children Act 2000. Retrieved on 14 May 2007 from http://www.opsi.gov.uk/acts/acts2000/20000016.htm opsi.gov.uk (1995) Carers Recognition and Services Act 1995. Retrieved on 14 May 2007 from http://www.opsi.gov.uk/acts/acts1995/Ukpga_19950012_en_1.htm Propper, C. (1995) Agency and Incentives in the NHS Internal Market. Vol. 40, No. 12. Social Science Medicine reference.com (2007) Care in the Community. Retrieved on 12 May 2007 from http://www.reference.com/browse/wiki/Care_in_the_Community Smart, B. (2002) Michel Foucault. Routledge, New York, N.Y., United States Times (1994) Elderly patients die within weeks of transfer. 7 July 1994. The Times, London, United Kingdom

Symbolism of the Sea in Chopin’s The Awakening :: Chopin Awakening Essays

Symbolism of the Sea in Chopin’s The Awakening â€Å"The voice of the sea is seductive; never ceasing, whispering, clamoring, murmuring, inviting the soul to wander for a spell in abysses of solitude; to lose itself in mazes of inward contemplation. The voice of the sea speaks to the soul. The touch of the sea is sensuous, enfolding the body in its soft, close embrace.† This short quotation from the end of chapter 6 of Kate Chopin’s the Awakening is crucial to understanding the text as a whole and is also a vital example of foreshadowing. In this part in the novel, Edna, the protagonist, has just refused to go for a swim with Robert. However, the very sight and sound of the sea entices her. The sea here is depicted as an invigorating object that gives Edna life. At the time of this novel, women were not viewed highly by their husbands. They were expected to conform to societal norms and remain subservient. They were not to question their husbands and were always expected to do as they were told. Thus, women of this time were not free. In this novel, it is the sea that makes Edna free. In the sea she loses all restraints and all reservations when she finally goes for a swim later in the novel. Being free in the sea and going for a swim is liberating to her, just like seeking out another man since she isn’t happy in her current marriage. In her marriage she can’t be the woman that all women want to be. While her husband is a good man, she still has to conform to his wishes. Thus she cannot be the person she truly wants to be. In order to be this person, Edna seeks out the company of Robert. By giving the sea these life-giving qualities, Chopin shows the sea as an emancipating force in Edna’s life. It sustains her and seduces her with the offers of freedom. The sea speaks to the soul because of what it offers and enfolds the body in its soft embrace for these same reasons. The use of the sea is also a great job of foreshadowing and a valuable contrast.

Anti Legalization Critical Thinking Essay

The aim of this paper is to logically apply reason to assess the arguments for the legalization of marijuana, and by doing so point out flaws in these arguments. Furthermore, this paper will assess the credibility and the source of these arguments, and present counter arguments to conclude that marijuana should not be a legal drug in California and the rest of the United States. First I will consider The National Organizations for the Reform of Marijuana Law’s â€Å"Principles of Responsible Marijuana Use† which is the basis for their argument for the legalization of marijuana, and how this set of principles is flawed. Second I will consider the claim â€Å"that marijuana should be legal in a taxed and regulated manner† and also consider the source of this claim. Third I will emphasize the negative social effects of legalization of marijuana in order to counter the claims for legalization. Finally I will conclude that given these factors, legalization of marijuana would be harmful and detrimental to society as a whole, possessing little or no economic, social, or medical benefits. The National Organization for the Reform of Marijuana Law is the leading lobbyist group for the legalization of marijuana in the United States. This organization has made it their commitment to have marijuana legalized in a taxable way as tobacco and alcohol currently are. This organization rationalizes it’s arguments with a document called the â€Å"Principles of Responsible Marijuana Use† in which is attempts to justify marijuana reform in a socially accepted manner. The very title of the document is ambiguous, the word â€Å"responsible† is a very circumstantial term and is subject to many different interpretations. Furthermore the document assumes that if legalized, citizens will adhere to this unofficial â€Å"code of ethics†, however we can evidently see with alcohol and tobacco that there is abuse regardless of the regulating laws. Despite this, NORML attempts to lay out their interpretation for what â€Å"responsible marijuana use† is ( 4 ); their first point is that marijuana is to be for adults only, and that it is irresponsible to provide marijuana to children. The terms â€Å"adults† and â€Å"children† again are ambiguous, it is not clear where the line is drawn between what defines an adult or a child. This is a concern because many would assume a child is no longer a child after eighteen years of age, thus it can be determined that eighteen and over is considered a â€Å"responsible† user. It need not be said that current alcohol restrictions limit a user to twenty-one and over. According to a 2005 Monitoring the Future Study, â€Å"three-fourths of 12th graders, more than two-thirds of 10th graders, and about two in every five 8th graders have consumed alcohol†( 5 ), with this evidence it would be wishful thinking to assume marijuana would be any different. To further consider this point 6.8% of children ages 12 to 17 use marijuana on an occasional basis ( 5 ). It would be reasonable to conclude that if marijuana was legalized that number would increase drastically. Second the NORML’s â€Å"Principles of Responsible Marijuana Use† attempts to rationalize legal marijuana use by claiming that if legalized responsible users will refrain from driving ( 4 ). Although an illegal drug, it is not surprising that there are already statistics regarding marijuana impaired driving in many states. California who just recently had a proposition for the legalization of marijuana has some of the most relevant statistics; there are various counties in California that have a 16% or higher marijuana involved traffic fatalities ( 3 ). This number would only increase with the legalization, and that is not to include the the amount of non fatal accidents that would occur annually. A recent study by Alfred Crancer and Alan Crancer projected that traffic fatalities would increase by as much as 300% with legalization ( 3 ). Third NORML claims that â€Å"The responsible cannabis user will carefully consider his/her set and setting, regulating use accordingly†. In this claim there is much room for a line-drawing fallacy, in which it is difficult and conveniently vague and up to the individual to determine what set and setting is actually appropriate for usage. It could be assumed under this principle that its safe to use marijuana while caring for children, elderly, while driving, and also very relevantly while working. Forth NORML claims that a responsible marijuana user will â€Å"resist abuse†. They define abuse by: â€Å"Abuse means harm. Some cannabis use is harmful; most is not. That which is harmful should be discouraged; that which is not need not be.† A clever statement however invalid and illogical. Drug abuse is defined as an uncontrollable urge for constant seeking of intoxicants ( 2 ). Many users would be unaware of their abuse, until the point in which it has destroyed their livelihood, relationships, economic security, and health. Legalization would only increase the numbers of active addicts, and make marijuana readily available for them, and being legal, consequently restraining family, friends, and the courts from restricting an addicts use before to much harm is done. The final claim made by NORML is a â€Å"Respect for Rights of Others† in which they attempt to justify the fact that if marijuana was legal, non users will have to deal with it. Again it is wishful thinking to see that users will have respect for the others who are not users, however while illegal we can see that many still cultivate marijuana, drive under the influence of it, and use it as socially as possible. A strict layout of parameters that must be followed with public and private use of the drug would be acceptable, however advocates for the cause prefer the vagueness, in which there are no absolute lines that can be drawn between legal and illegal use (ie. Driving, social events, age, etc.). The entire document is a rationalization and does not seem to give a valid or true pretense to satisfy desires. The most relevant claim argued against in this paper is the claim that â€Å"marijuana should be legal in a taxed and regulated manner†. This claim by itself has the vagueness and ambiguity of a typical bill or legislation. It is this vagueness and ambiguity that encroach on the freedoms of citizens everyday. The fact is that marijuana is a drug, it was made illegal by the Federal Controlled Substance Act of 1970 to stop the violence and abuse that was common practice. We have seen in other countries failed attempts to regulate and tax drugs, like the Netherlands, and we have seen the damage drugs can have on society as a hole, like the dangerous drug cartels that rule Mexico. In evaluating this claim it is also important to consider the sources, one of the biggest supporters of marijuana legalization is Robert Lee. Lee is president of â€Å"Oaksterdam University† a school that teaches students how to cultivate, grow, process, and cure marijuana ( 3 ). It would seem highly logical to acknowledge that this man is not interested in the social repercussions of legalization. His motive is clearly for the profit that can come from legalization. Legalization would drastically increase the amount of growers and interested parties in his school. Another strong voice in pro-legalization is the company S.K. Seymour LLC which is a Medical Cannabis Provider ( 3 ), who again would see a dramatic increase in profit and sales due to the fact that they can open up their business to the public, and not just medical marijuana patients. It seems that neither of the sources, from the research done, are interested in the negative and adverse affects of legalization and only interested in the lucrative value of legalization. It is also important to analyze the negative social effects of marijuana on society, most notably the economic affects and the medical effects. Recent proposition 19 in California stated that: â€Å"No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected.† Basically stating that employers can no longer regulate marijuana use while working unless it can show that performance is being impaired by use ( 3 ). Proposition 19 also is in conflict with the Federal Controlled Substances Act of 1970 which prohibits the use of marijuana for recreational use. This would be a mistake by California due to the fact that the state would loose billions of federal dollars in the form of grants and aid called for by the Federal Workplace Act of 1988. Not only would government loose money but also schools and medical centers can potentially be affected ( 3 ). The health risks for marijuana usage are as noteworthy as the social repercussions. Marijuana is known to cause A-motivational syndrome, which is a depressed state of the brain in which reaction times and motivation is affected by long term use ( 3 ). Furthermore â€Å"the gateway theory† blames marijuana as the compromise that leads an individual to try harder more harmful drugs. Lastly marijuana has been placed on the California Proposition 65 list of carcinogenic materials, as proven materials that cause cancer ( 3 ). In this paper I argued that the National Organization for the Reform of Marijuana Law’s definitions and reasoning for a â€Å"responsible legal† user is flawed. Many of their arguments are invalid and lack sound reasoning to a conclusion. That the claim that marijuana should be legal and taxed is not a fully developed claim and that the sources of the claim’s motives are not sound in reasoning for legalization. Finally I argued that if marijuana is legalized it would be detrimental to society specifically regarding medical and economic problems. The arguments for legalization are not convincing and present many fallacies, Legalization supporters have the wrong idea of controlled use.

The Runaway Slave

Slavery has been in existence for thousands of years, for as long as humanity’s collective history. It is common knowledge that some of our monumental works of art like the Great Pyramids of Egypt were erected by slaves. Slavery usually begins when there is a need to produce something at a larger scale. In the case of Cuba, that item was sugar. In the 18th century, as Cuba’s economy became more and more dependent on its sugarcane production, slavery became more and more necessary in order for Cuba to increase production and keep up with the demand for sugar.Miguel Barnet`s Biography of a Runaway Slave tells the story of a real-life former Cuban slave, Esteban Montejo and his own personal journey to freedom. While on the surface it may seem like a simple biography, Montejo’s life-story was presented in the larger context of Cuba’s colorful, but often misunderstood history. The former slave became a fugitive and lived in the wild for several years, subsistin g on the abundant flora and fauna of the forest. He later became a soldier for Cuba’s war of independence.Perhaps his hard life has strengthened Montejo to such a great extent that he lived much longer than most people, or it may be perhaps the need to tell his story to the world was what made him continue living as he did. Esteban Montejo was 105 years old when Bartnet interviewed him for the book, and he lived on for eight more years hence. More than a story about slavery, Biography of a Runaway Slave is a historical account of how the Caribbean’s culture fused with that of African’s through the slave trade.Esteban life straddled the 19th and 20th centuries and went through most of Cuba’s most important historical periods in history. As such, he is able to chronicle the changes that his country was going through in its bid for freedom, even as he searched for personal liberty. Through Bartnet, we are given a chance to glimpse at the life of one man and one hundred of memories of a way of living long gone by. Perhaps some of the most poignant images in the book were Esteban’s description of life in the sugarcane plantations.Esteban recounts that slaves in the plantation lived in places called barracoons and he describes these barracoons as he remembers them, The slaves disliked living under those conditions: being locked up stifled them†¦ This was laid out in rows: two rows facing each other with a door in the middle and a massive padlock to shut the slaves in at night†¦ Both types had mud floors and were dirty as hell. And there was no modern ventilation there! Just a hole in the wall or a small barred window.The result was that the place swarmed with fleas and ticks, which made the inmates ill with infections and evil spells, for those ticks were witches. The only way to get rid of them was with hot wax, and sometimes even that did not work. The masters wanted the barracoons to look clean outside, so they were wh ite washed. (Barnet 1994, 12) Clearly, as Esteban remembers, there was no dignity for African slaves in Cuba. Their work was hard and unrelenting, and they barely had anytime to rest.Their sleeping quarters as Esteban remembers were not fit, even for animals. Esteban’s hated his life, and he yearned to break from the yokes of slavery and this is revealed by his own words, â€Å"I cared for myself as if I were a pampered child. I didn’t want to be taken into slavery again. It was repugnant to me, it was shameful. † (Barnet 1994, 16) Such feelings gave him the courage to escape. He ran to the shadowy forest where he found safe haven. His loathing for slavery made him risk the dangers of living in the wild. For him, it was freedom or nothing.And he flourished in the forest, where he had everything he needed to live, except for the warmth of another person’s companionship. â€Å"The truth is I lacked for nothing in the forest. The only thing I could not mana ge was sex. † (Barnet 1994, 21) Esteban lived in the wild until the abolition of slavery. Later, Esteban’s love for freedom compelled him to join the fight for Cuban independence. By becoming a soldier, Esteban has shown his love for his country even as he despised slavery. He dreamt of a better Cuba, and he did his part, small as it may have been to help achieve that.He is a nationalist because while he could have chosen to just live the rest of his days in the forest, he decided to rejoin society and fight, this time not for personal freedom, but for the collective freedom of all Cubans. All of Estaban’s life has been defined by slavery and his struggles against all the things that keep him in chains. Reading the book I have realized that while some circumstances may vary, there is never an instance when slavery is acceptable or dignified. Its mere concept goes against the very nature of free will that mankind was born with.In Cuba, as in most places, slavery w as institutionalized for economic gains. It is ironic that the very people producing goods for material prosperity are the very people who never benefit from it. Esteban’s accounts of life in the plantation make for a very poignant illustration of the cruel ways that we can treat one another. It was in this seemingly hopeless situation that Esteban cling to hope because it was the only thing that he has. He kept alive the hope for freedom for all slaves and a better, kinder world for all of mankind. Reference Barnet, M. (1994) Biography of a Runaway Slave. Trans. W. Nick Hill. Curbstone Press.