Tuesday, December 31, 2019

A Discussion Relating to Equity and its Restraint of Legal Rights and Powers - Free Essay Example

Sample details Pages: 11 Words: 3169 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? EQUITY TRUSTS ASSIGNMENT 2014/ 2014 à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã¢â€ž ¢Legal rules allow the holders of legal right and powers to exercise them in the confidence that they are entitled to do so. The Function of equity is to restrain or restrict the exercise of Legal rights and powers in particulars cases, Whenever it would be unconscionable for them to be exercised to be full.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ G Watt, Trusts and Equity, (Oxford 2003) at 13 Critically examine this statement by reference to the nature and application of modern equity Where common law became inflexible and unfavorable litigants then appealed to the King; as a consequence such appeals were attend to by the Lord Chancellor at the Court of Chancery. This leads to realize that the use of the principles of common law may not necessarily give just and fair decisions. Don’t waste time! Our writers will create an original "A Discussion Relating to Equity and its Restraint of Legal Rights and Powers" essay for you Create order It was further deduced that the rigidness in the common law sphere was unjust to the litigants. In order to remedy such inaccuracies in the legal system a new principle was introduced, namely equity. Such legal rules and principles exercised by the Court of Chancery fashioned its self as the principle of equity. Equity was developed several hundred years after the introduction of the common law system to resolve disputes and introduce fairness to the system. According to thecommon law,equityis the set of rules that customarily supplemented the common law where the application of the common law would have operated too unsympathetically. As per Lord evershed à ¢Ã¢â€š ¬Ã…“The function of equity was to fulfill the common law: not so much to correct it as to perfect ità ¢Ã¢â€š ¬Ã‚ [1] Equity is not solely based on rules and principles of law but; is based on a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscious. Equity will entail a person to act bestowing to his conscience. Equity does not al low any person to hide behind law and act unethically, against his conscious. It has been commonly said that one of the vital principals of equity is that it works on the conscience of the litigants. Nevertheless this does not inevitably mean that the cases are decided on the individual view of the judge what is à ¢Ã¢â€š ¬Ã‹Å"justà ¢Ã¢â€š ¬Ã¢â€ž ¢ in case without reference to principals and case law. As per Lord Browne Wilkinson, à ¢Ã¢â€š ¬Ã…“equity operates on the conscience of the owner of the legal interestà ¢Ã¢â€š ¬Ã‚ . [2] .The early chancellors were clerical people and their conscience was vastly influenced by religion and morality. The positive side being when equity is centered on conscience is that principles of equity are capable of setting aside the legally essential unfair endings, in order to turn up at just and fair endings based on the particulars of each case. In the earlier Lord Chancellor endeavored to form fairness and justice over the procedure of eq uity. This was criticized as the rulings are based on a certain remit of a particular chancellor and the remit was compared to the à ¢Ã¢â€š ¬Ã…“Chancellorà ¢Ã¢â€š ¬Ã¢â€ž ¢s footà ¢Ã¢â€š ¬Ã‚  by Bagnall Justice since the size of a foot changes to individuals just as the conscience of individuals varies .[3] It is essential as per the question to discuss about the functional distinction between law and equity. According to the reputed legal historian professor J.H Baker, If for reason of history equity had become the law peculiar to the court of chancery, nevertheless in broad theory equity was an approach to justice which gave more weight than did the law to particular circumstances and hard cases[4] the main function of common law is to set up rules to govern cases in general and to make sure by such establishment of rules people in general acquire lawful rights and powers that can be exercised of the will of such holders. The people who acquire right lawfully can exercise them with certain and do any act within the sphere. However there are instances where a proper adherence to legal rules will not be possible in order to meet the necessary ends of justice. à ¢Ã¢â€š ¬Ã…“So that the letter of the law is not applied in so strict a way that it may cause injustice in individual casesà ¢Ã¢â€š ¬Ã‚ [5] .In such instances it is essential to follow what is just. This is the time where equity comes into play. In this instance equity is brought to mitigate the rigidness of law. The main function of equity is to restrain the exercise of legal rights in particular instances where it may be necessary to avoid unconscionability. Equity is the means by which a system of law balances out the need for certainty in rule-making with the need to achieve fair results in individual circumstances. Litigants are not allowed by equity to act as the law provides and do any bad hiding behind law. Equity only intercedes in those circumstances where it is unconscionable f or the parties to the case to depend on the flawed common law legal system. Therefore we can understand that equity plays a major role by intervening into circumstances where necessary by not allowing unconscionable conduct. à ¢Ã¢â€š ¬Ã‹Å"Unconscionabiltyà ¢Ã¢â€š ¬Ã¢â€ž ¢ cannot be defined exactly; yet be understood as per the facts of any case. The concept of Unconscionabilty provides a useful mechanism for affording equitable relief against the strict insistence on legal rights or unfair and oppressive conduct[6] . In general we can say what Unconscionabilty is; à ¢Ã¢â€š ¬Ã…“Will commonly involve the use of or insistence upon legal entitlement to take advantage of anotherà ¢Ã¢â€š ¬Ã¢â€ž ¢s special vulnerability or misadventureà ¢Ã¢â€š ¬Ã‚ ¦in a way that is unreasonable or oppressive to an extent that affronts ordinary minimum standards of fair dealingà ¢Ã¢â€š ¬Ã‚ [7]. Even the legal rights that accompany the legal title to a fee simple absolute in possession, the most complete form of ownership known as to land law, are not beyond equityà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction to restrain an unconscionable abuse[8]. The novel rights introduced by equity are numerous and out of which the most important is the trust, which is considered to be the most pioneering concept by equity to the English legal system. Explaining the trust through an example, if a testator by a will transfers property to his sister entreating her to hold the property for the exclusive benefit of his minor daughter, the common law would only identify the rights of the legal owner, which is the sister. Henceforth, if the sister evaded in her responsibilities under the trust, in such an instance, equity interferes to ensure that the son is not caused any injustice by ordering the brother to fulfill his obligations by holding the property for the benefit of the daughter. Therefore equity recognized two types of ownership which made it likely for ownership in property to be divided bet ween the legal owners and the equitable owners In the concept of trust, only the legal titleholder was accepted in law as the lawful owner of the property. But there were situations where there were persons who did have an interest over the property but who were not acknowledged on the title. Rights of such people were not accepted in common law. Consequently, there were persons who depend on this strict letter of the law to affect injustice to other party being à ¢Ã¢â€š ¬Ã‹Å"unconscionableà ¢Ã¢â€š ¬Ã¢â€ž ¢. For example, that A who is the legal titleholder to land invites B to build a house on his land and that the latter can live on it for the rest of his life and subsequent to the construction A refuses to let B live in the house, it caused injustice to B owing to Aà ¢Ã¢â€š ¬Ã¢â€ž ¢s unconscionable conduct. Thus equity intervened, which recognized the rights of B and ordered A to hold the land for the benefit of B thus complying with the principle that equity would not allow a à ¢Ã¢â€š ¬Ã‹Å"statute to be used as an instrument of fraudà ¢Ã¢â€š ¬Ã¢â€ž ¢[9] At the center of the implementation of a trust is the trusteeà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience that he has decided to hold the trust property for the benefit of the beneficiary. In a circumstance where such a trustee refuses to accept the rights of the beneficiary in the trust, equity will intervene and prevent him from gaining undue advantages of the trust property. However, it is to say that in practice, modern equity is encompassed principally of substantive and procedural principles which simply permit the courts a restricted amount of discretion. Equity exists at present as a separate system of law, developing to a system similar to that of the common law with rigid and inflexible rules which acquaint with a system of precedent. Nonetheless, the discretionary nature of equity still remains unharmed, but not to the degree it was recognized at the preliminary stages In contrast, in the present day the judges are to take into account the well-known equitable maxims in deciding whether a claimant is permitted to a remedy. Accordingly, as per Jessel MR à ¢Ã¢â€š ¬Ã…“today equity is not a court of conscience but rather a court of lawà ¢Ã¢â€š ¬Ã‚ [10].Henceforth, today equity functions on a system of precedent, going far-off from the early times, where pronouncements were constructed on conscionability, where ever and each individual case was treated as separately. Consequently,today a claimant who comes to equity must show that their claim has, à ¢Ã¢â€š ¬Ã…“An ancestry founded in history and in the practice and precedents of the court administering equity jurisdiction. It is not sufficient that because we may think that the à ¢Ã¢â€š ¬Ã‹Å"justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the present case requires it, we should invent such a jurisdiction for the first timeà ¢Ã¢â€š ¬Ã‚  [11] Nevertheless, today, judges still discuss to this concept of unconscionability[12]. Hence, today the judges could be said to still consider the case still on an individuality basis but more according to precedent. As already been explained Equity acts not according to the strict rules of the common law, but according to its maxims. Whereas the discretionary nature of equitable rights might at one time have meant that its measure varied with the length of the Chancellorà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot, by the late eighteenth and early nineteenth centuries sit was certainly the case that equity would only provide relief in a number of prescribed circumstances. Lord Denning was of the opinion that à ¢Ã¢â€š ¬Ã…“the Courts of Chancery are as fixed and immutable as the courts of law ever where.à ¢Ã¢â€š ¬Ã‚ [13]The remedies may be discretionary, but it has been recognized that equity should only assist in recognized situations any attempt to provide justice on an ad hoc basis must lead to uncertainty (and thereby lead to injustice), increased litigation and à ¢Ã¢â€š ¬Ã…“palm tree justiceà ¢Ã¢â€š ¬Ã‚ [14]. Of course the functions of the equity acts to restrain or restrict, as an example if something injustice happens to the person who hold the power or person who is going to benefited from the trust as explained above the injustice nature of the substantive law can be mitigate by relying on the maxims of equity.[15] Equity will not permit a statute to be used as an instrument of fraud according to this maxim equity will not allow the trustee to go back from the trust if the trustee relying on any formality requirement such as the Land and Property Act 1925. Creation of a secret trust would be an excellent example of applying the equitable maxim of à ¢Ã¢â€š ¬Ã‹Å"Equity will not permit a statute to be used as an instrument of fraudà ¢Ã¢â€š ¬Ã¢â€ž ¢. A fully secret trust occurs when a testator leaves a gift in his will to a beneficiary but that beneficiary has agreed to hold the gift on trust for somebody else. On the face of the will it appears that T ha s left property to B absolutely, but in reality T intends to benefit. In order to understand why such trusts were necessary, it has to be remembered that a will is a public document and is open to inspection at the Probate Registry. A legacy under the testatorà ¢Ã¢â€š ¬Ã¢â€ž ¢s will to, for example, a mistress or illegitimate child would be likely to arouse suspicion, but the mistress or child could be benefited by way of secret trust, in which case only the secret trustee (often Tà ¢Ã¢â€š ¬Ã¢â€ž ¢s solicitor or a close friend) would be aware of the existence of the secret beneficiary. Secret trusts are rare nowadays, but still occur, for example when the testator is unable to make up his mind about who should benefit from his estate at the time of the execution of his will. When a testator left a gift to G, the solicitor of his common law wife he told G that he was to hold the gift for the benefit of his common law wife. H, the executor challenged the validity of the instructions to G, and the court held that they were analogous to a secret trust.[16] When there is evidence of a secret trust the law is on the horns of a dilemma because it has to choose between strict adherence to the formality requirements of the Wills Act 1837 and giving effect to the wishes of the testator. According to the Wills Act all testamentary dispositions must comply with section 9, and extrinsic evidence will not be admitted unless it is in order to resolve an ambiguity, or in the event of fraud. If the court is to enforce the secret trust, extrinsic evidence must be admitted.[17] The accepted notion is that secret trusts are enforced in order to prevent a statute becoming an instrument of fraud. If the terms of the Wills Act 1837 were to be adhered to the secret trustee would be allowed to take beneficially, an occurrence which equity could not condone. The leading case is the House of Lords decision in McCormick v. Grogan[18]. A testator left all of his property to G by will . Shortly before death he gave to G a letter which concluded with the words à ¢Ã¢â€š ¬Ã…“I do not wish you to act strictly on the foregoing instructions, but leave it entirely to your own judgment to do as you think I would, if living, and as the parties are deserving.à ¢Ã¢â€š ¬Ã‚ [19] It was held that there was no secret trust because the testator did not intend to create an enforceable obligation.[20] More important than the decision however are the speeches of Lord Hatherley LC and Lord Westbury. Both of their lordships were clear that the reason for the enforcement of secret trusts was to prevent the secret trustee from perpetrating a fraud. Their definition of fraud appears to have been a very narrow definition however, based upon preventing the fraudulent enrichment of the secret trustee. Lord Hatherley LC was of the opinion that à ¢Ã¢â€š ¬Ã…“it is only in clear cases of fraud that this doctrine has been applied cases in which the court has been persuaded that there has been a fraudulent inducement held out on the part of the apparent beneficiary in order to lead the testator to confide to him the duty which he so undertook to perform.à ¢Ã¢â€š ¬Ã‚  Lord Westbury stated that, in order to enforce a secret trust, à ¢Ã¢â€š ¬Ã…“you are obliged, therefore, to show most clearly and distinctly that the person you wish to convert into a trustee acted malo animo. You must show distinctly that he knew that the testator or intestate was beguiled and deceived by his conduct.à ¢Ã¢â€š ¬Ã‚ [21] This view of the fraud theory explains why the secret trustee is prevented from taking beneficially, but it does not really explain why equity enforces the trust. It would surely be sufficient if the gift was held on resulting trust for the estate, rather than for the secret beneficiaries. David Hodge [1980][22] argues that the trust should be enforced because of fraud, which he interprets in a wider sense than is evident from McCormick v. Grogan[23]. He argu es that fraud may be perpetrated not only by the secret trustee taking the gift beneficially, but also by failing to carry out the agreement. Failure to comply with the agreement is, he argues, a fraud upon both the testator and the secret beneficiary. Hodgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s argument transcends the traditional view of fraud. However, it could be argued that evidence of the secret trust is admitted to probate because of fraud and, once the evidence is admitted, equity must give effect to the trust. The valid oral secret trust of land in Ottaway v, Norman [24]may similarly be seen as an application of the maxim that equity will not permit a statute [in this case both the Wills Act and the Law of Property Act 1925 s 53(1)(b)] to be used as an instrument of fraud. Brightman J considered that à ¢Ã¢â€š ¬Ã…“the basis of the doctrine of a secret trust is the obligation imposed on the conscience of the primary doneeà ¢Ã¢â€š ¬Ã‚ ,[25] but he did not discuss why the trust was exempt fro m the formality requirements of Sec53 (1) (b).[26] Bibliography Online Resources https://heinonline.org/HOL/LandingPage?handle=hein.journals/uwatlw26div=5id=page https://cw.routledge.com/textbooks/9780415497718/downloads/chap01.pdf https://heinonline.org/HOL/LandingPage?handle=hein.journals/denlj16div=5id=page https://books.google.lk/books?id=q_YfAwAAQBAJpg=PA147lpg=PA147dq=Hatherley+LC+and+Lord+Westburysource=blots=-M3L4bYJsbsig=yfd6O8ktfuz-PEf4TsN0iTX0iTEhl=ensa=Xei=-FjvU5WGBYyD8gXMjYLgDQved=0CCMQ6AEwAA#v=onepageq=Hatherley%20LC%20and%20Lord%20Westburyf=false Journal articles Lord denning law journal Evershed, Reflections on the Fusion of Law and Equity after 75 years, 70 L.Q.R. (1954) 326 at 328, paraphrasing Maitland. (3)Books Trust and equity by Garry Watt,5th Edition (Oxford University press, Great Clarendon street, oxford,OX2 6DP, United Kingdom) Exploring Equity Trusts by Sukhninder Panesar, 2nd Edition( Pearson Education 2010/2012 , Edinburgh gate, Essex CM 20 2JE, England) Unlocking Trust by Mohamed Ramjohn, 4th Edition (Routledge Taylor and Francis London and New York ) Essentials of Equity and trust Law by John Duddinton, 1st publish 2006, (Pearson Education Ltd, Edinburgh gate, Essex CM 20 2JE, England) Equity and Trust by Emma Warner-reed, 1st publish 2011, (Pearson Education Ltd, Edinburgh gate, Essex CM 20 2JE, England) 1 [1] Evershed, Reflections on the Fusion of Law and Equity after 75 years, 70 L.Q.R. (1954) 326 at 328, paraphrasing Maitland. 2 https://www.judiciary.gov.uk/ [2] Westdeutsche v Islington Borough Council [1996] AC 699 [3]Sukhninder Panesar, Exploring Equity Trusts, 2nd Edition, Pearson Education 2010 wcher v Cowcher [1972]1 WLR 425 [4] trust and equity by Garry Watt, op.cit. at 132-3 [5]earl oxfords case [6] Lord denning law journal [7] the common wealth v verwayen [8] Trust and equity by Garry Watt,5th Edition, Oxford University press [9] https://www.lawteacher.net/equity-law/essays/concept-of-unfairness-unconscionability-equity-law-essay.php [10] Re national funds Assurance Company [11] Re Diplock [12] Pennington v Waine [13] Lord Denning, [(1952) 5 CLP 8] [14] Cowcher v. Cowcher [1972] 1 WLR 425 [15] https://www.slideshare.net/AhmadFarouqAmir/maxims-of-equity-12601606 [16] Ibid [17] Wills Act 1837 S. 9 [18] McCormick v. Grogan (1869) LR 4 HL 82 [19] Ibid [20] Ibid [21]https://books.google.lk/books?id=q_YfAwAAQBAJpg=PA147lpg=PA147dq=Hatherley+LC+and+Lord+Westburysource=blots=-M3L4bYJsbsig=yfd6O8ktfuz-PEf4TsN0iTX0iTEhl=ensa=Xei=-FjvU5WGBYyD8gXMjYLgDQved=0CCMQ6AEwAA#v=onepageq=Hatherley LC and Lord Westburyf=false [22] David Hodge [1980] Conv. 341 [23] McCormick v. Grogan (1869) LR 4 HL 82 [24] Ottaway v, Norman [1972] Ch 698 [25] Ottaway v, Norman [1972] Ch 698 à ¢Ã¢â€š ¬Ã‹Å"Brightman Jà ¢Ã¢â€š ¬Ã¢â€ž ¢ [26] Law of Property Act s53(1)(b)

Sunday, December 22, 2019

Utilitarianism And The Most Important Argument - 1679 Words

In this essay, I will be writing about utilitarianism and the most important notion that arises from it, which is that an action is morally right only if it maximizes the greatest good for the greatest number of people (Cahn, 114). First, I will explain what utilitarianism is, when and by whom it was originally created, and a brief explanation of what it stands for. I will then explain the two different types of classical utilitarianism and explain the differences between the two. Next, I will give two arguments to why the utilitarian position is not satisfactory. I will also be giving possible counter-arguments that the utilitarianisms would have stated and then my own arguments to these counter-arguments. I will then conclude the essay by stating my thesis again and by briefing the reader on the main topics which were covered in this essay. Utilitarianism is a theory which states that an action that brings the most good to the majority of people is the only action that is morally j ust (114). Utilitarianism is an old theory which has developed over the years (Driver, 2014). The two most important philosophers that gave birth to this theory were Jeremy Bentham and John Mill (Ibid). These two philosophers, who lived in the 18th and the 19th century, believed that human beings should always try to do something that would be the most beneficial not to just yourself, but to as many people as you can (Ibid). The utilitarianism that these Bentham and Mill worked on is currentlyShow MoreRelatedEthical Theories Supporting Different Moral Perspectives Of Human Actions871 Words   |  4 Pagesperspectives of human actions. The various theories differ according to the way in which they require people to act, and in their fundamental arguments. Because of different perspectives and philosophical views, no ethical theory can be said to be superior to the other. The paper that follows describes and defends the ethical theory of utilitarianism. Reasons why Utilitarianism is the Correct Ethical Theory i. It reinforces rationality in judging the morality of actions. ii. It is based on sound premises andRead MoreUtilitarianism Essay1271 Words   |  6 PagesClassical utilitarianism, the theory as described by 17th century philosopher John Stuart Mill, states that the only thing that matters is that are the happiness and unhappiness that is created as a consequence of an action; those actions are to be judged right or wrong solely by virtue of their consequences, everything else is irrelevant. The theory also states that each person’s happiness is equally important. According to Mill, the right actions are actions that produce the greatest possibleRead MoreUtilitarianism, By John Stuart Mill1365 Words   |  6 PagesMill’s book Utilitarianism, he argues for the defense of utilitarianism, an age old theory originally developed by Jeremy Bentham that states the proper course of action is the one that maximizes happiness. The course of action that maximizes general happiness is also the only true standard for moral assessment. Mill a lso introduces the idea of ‘first principle’ which states that it is not acceptable for individuals to characterize actions as either ‘good’ or ‘bad’, because it is important to find whatRead MoreEssay about Utilitarianism and Its Shortcomings1273 Words   |  6 PagesUtilitarianism is the argument that all actions must be made for the greatest happiness for the greater number of people (Bentham, 42). However, utilitarianism cannot always be the basis of one’s decisions due to the fact that people need to look out for their own pain and pleasure before consulting others’ wellbeing. I will first explain the arguments of the utilitarianism ideal. Then I willl explain why this argument is unconvincing. Ultimately, I will then prove why people consider their own happinessRead MoreThe Challenge Of Cultural Relativism By James Rachels1247 Words   |  5 Pagesreason for the variety of moral codes is because different cultures value di fferent things. Getting used to the idea that the rights and wrongs of all cultures throughout times will vary is important in grasping this claim of cultural relativism. Little to no arguments against this claim exist meaning that most people, including Rachels, find this claim to be true. One of the six claims that Rachels states is false is the fourth claim which states that there is no universal truths in ethics, meaningRead MoreUtilitarianism Essay957 Words   |  4 PagesUtilitarianism Utilitarianism is the greatest good of the greatest number. It takes the view that an action is right if it is likely to produce the best consequences compared to all the other possible actions. The best consequences are those which involve the maximization of what is good and the minimization of what is bad. The worst consequences are which involve the maximization of what is bad and the minimization of what is goodRead MoreMoralism And Immanuel Kant And Utilitarianism1746 Words   |  7 Pagestoday many people will observe the decision and look to see if it is moral or not. On the other hand, people will look for the outcome of that action and the effects it will have on people. The argument when deciding based on moral beliefs, or solely on the consequences has always been a debate. Utilitarianism is an ethical theory that focuses not on the action itself, but the consequences that come from those actions. In a point in time people began to look at their own philological teachings on theRead MoreUtilitarianism, By John Stuart Mill1599 Words   |  7 PagesUtilitarianism is a doctrine in normative ethics that is outlined and defended by many philosophers, including the English philosopher John Stuart Mill as a standard to determine what are right and wrong actions. At its most basic claim, the right course of action one must take should be in the interest of maximizing what is kno wn as utility. The right course of action is determined as being right if it maximizes the total benefit and happiness gained, while at the same time reducing the greatestRead MoreUtilitarianism : Theory And Contemporary Issues1350 Words   |  6 Pagesof utilitarianism provides a solution to this but at what cost? What are the benefits and disadvantages of utilitarianism? Is utilitarianism an idea one should live by? What is utilitarianism? I plan on answering these questions within this paper and understand how they relate to everyday life. I will also look at arguments for and against utilitarianism. Then analyze the appealing and unappealing features to determine if utilitarianism should be followed as an absolute rule. Utilitarianism canRead MoreAbortion : An Argument Of Moral Idealism1650 Words   |  7 PagesAbortion is one of the most heavily debated subject matters in the United States today. Most people characterize themselves as either â€Å"pro-life† or â€Å"pro choice† depending on their position of morality. However, others can align themselves more in the middle and judge the morality as an outsider, finding it entirely possible for one to be â€Å"pro-life† but still believe that abortion is immoral. When examining this issue from a utilitarian point of view, one must consider the morality of the action

Saturday, December 14, 2019

Critique of Theoretical Framework Free Essays

string(119) " providing superior service to a clientele, they will seek to subcontract with the government and provide the service\." Religion, Social Policy, and Social Work Practice Faith-based Services in Public Welfare It is generally accepted that the church has been a locus of social service and social change throughout America’s history, and â€Å"that the concept of human services emerged, at least partially, from a religious base† (Ellor, Netting, ; Thibault, 1999, p. 13). Furthermore, it is recognized that the social work profession in the United States was influenced by a long history of religious traditions (Ellor et al, 1999; Hugen, 2012; Rosethal, 2006). We will write a custom essay sample on Critique of Theoretical Framework or any similar topic only for you Order Now The social welfare system that emerged in the United States, ormerly and presently, continues to be a mix of faith-based and secular organizations and groups with diversified perspectives and approaches (Ellor et al, 1999). The diverse perspectives and approaches to social welfare in the United States are rooted in an expansive array of worldviews and faith traditions. The U. S. is a pluralistic society characterized by a diversity of people, opinions, and religions (Monsma, 2012). The church is simply one of many places where social welfare ideations have manifested themselves, and the battles against social injustices have been fought. For many years a great variety of religiously affiliated organizations, colleges, hospitals, and social service agencies have received federal welfare funding. There is nothing profoundly new about the inclusion of faith-based organizations in the delivery of social welfare services to the disenfranchised and vulnerable populations (Karger et al, 2007). What is new is the prominence of postmodern, humanistic ideologies in social welfare that began in the 20th century (Hugen, 2012). The clashes between present-day humanistic and faith-based ideologies have spawned a lasting political debate over the correctness of federal government unding of faith-based social services. A major landmark for this political debate occurred in 1996 when the United States Congress passed a set of provisions under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) section 104†also known as the Charitable Choice clause (Daly, 2009; Wuthnow, 2004). Charitable Choice removed many of the restrictions on integrating religious content with faith-based delivery of social services, and positioned faith-based social service agencies as equivalent to secular social service agencies (Karger et al, 2007). The ovement to incorporate faith-based social service agencies was further fueled by President George W. Bush’s Faith Based and Community Initiative (FBCI) (Kennedy Bielefeld, 2006; Daly, 2009; and Wuthnow, 2004). The Bush administration aimed to do two things based on the core Judicious principles of Charitable Choice: first, to increase the amount of federal social-welfare resources going to faith-based organizations; and second, to protect the organizational autonomy and religious identity of these groups when contracted with the government (Daly, 2007). As a result of the Bush-era FBCI, eleven faith and community-based offices were created n federal agencies, and many states began to develop programs to expand the role of faith-based social services in delivering anti-poverty assistance (Reingold, Pirog Brady, 2007). The Bush-era faith-based initiative was strong enough that the Bush administration’s proposed budget for 2002 allocated nearly $90 million to organizations that expanded or emulated models ot tai tn-based social service programs (Twombly, 2002). Today, according to the National Center for Charitable Statistics (NCCS), there are 956,738 public charities, 97,435 private foundations, and 70,745 other types of nonprofit organizations (NCCS, 2013). According to the NCCS Core Files, public charities reported over $1. 59 trillion in total revenues, and $1. 9 trillion in total expenses in 2011. Of the public charities’ revenues: 22% came from contributions, gifts and government grants; 72% came from program service revenues, which include government fees and contracts; and 6% came from â€Å"other† sources (NCCS, 2013). Blackwood, Roeger, PettiJohn (2012) reveal that there was a 42. 3% growth in the number 501(c)(3) public charities from 2000 to 2010. In New York State alone, there are 1 5,362 religious or spiritually related public charities (IRS Business Master File 04/2010). Eric Twombly (2002), an affiliate of The Urban Institute, and Ira Colby (2007), a social work professor at the University of Houston, point out that many faith-based organizations, such as The Salvation Army, United Jewish Communities, Catholic Charities, and Lutheran Social Services have historically received government support and played a significant role in social service provisions in the United States. These groups are key players in many local areas in both direct ocial provision and setting government service priorities. The goal of this essay is to explore the political debate over Charitable Choice and the faith-based initiative, and secondly, to uncover the implications for social work practice and social work education from this debate. It is evident that faith-based organizations play a substantial role in the delivery of social welfare services in the United States (Nagel, 2006). To begin our exploration of this issue, we will look at the relevant worldviews and belief systems that support or refute the federal government support of faith- based social service agencies. Worldview/ Belief Issues Republicans have favored the privatization of social welfare and reinforced the value of nonprofits. Conservative thinkers believe that churches can address welfare better than the government and the secular social service system (Cnaan Boddie, 2002). Conservatives vigorously attack the belief that government should finance and deliver social services to the population (Karger et al, 2007). Conservatives argue privatization has become a paradox in social welfare because the private sector has been utilized in service provision and precedes the welfare state in many instances. David Osborne and Ted Gaebler (1992) assert in Reinventing Government that the private and public sectors have different roles. The government’s role should consist primarily of establishing the objectives of social policy, and the private sector role should consist of executing the policy. David Stoesz (2007) co-author of American Social Welfare Policy argues, â€Å"nonprofit organizations have been poor competitors, often losing out to for-profit firms† (p. 193). He further asserts that the nature of nonprofits make them less competitive than commercial firms, and when for-profits nter the same market, they often take a substantial portion of the market until nonprofits adopt the same management procedures and become more efficient. A large assumption is this: if for-profits suspect that they can generate a profit by providing superior service to a clientele, they will seek to subcontract with the government and provide the service. You read "Critique of Theoretical Framework" in category "Papers" Conversely, Ira Colby (2007) the Dean and Professor of social work at the University of Houston asserts that privatization of social services as the answer to creating ettective service provisions tor the poor is a â€Å"grossly erroneous assumption† (p. 194). According to Colby (2007) the catchphrases of â€Å"compassionate conservative† or â€Å"faith-based social services† are simply resurfacing ideas from a previous welfare era where greater reliance on the private sector was emphasized. Liberal ideology asserts that the government should play a central role in the provision of services†that government is responsible for ensuring that all people, regardless of status in life, receive needed services and supports that maximize their well-being and ability to participate in society. In essence, basic social services are the business of the government (Colby, 2007). Monsma (2012) identifies 5 factors that underlie and work to mold how liberals view the public role of faith- based organizations. The first is a strong emphasis on the free, autonomous, choosing individual. The second is a suspicion of traditional values and religion when they enter the public square. The third is seeing government as a potentially positive force for social change and improvement. Fourth is its embrace of the strict church-state separation, no-aid-to-religion standard. The fifth and final factor is the legacy of the nondiscrimination statuses of the 1960s. These factors, which can be onsidered beliefs, lead liberals to look negatively upon faith-based human service providers. The emphasis seems to be instead on freedom of choice and what the government can potentially do to improve societal conditions. Rev. Robert Owens (2001) posits that a negative correlation exists between the amount of funding received by religious organizations and the strength of religious mission. Owens, in his stance against public funding of religious organizations, argues that accepting government money to provide social service programs only deepens the confusion in communities about who works for whom. Accepting government money turns the state/ church relationship upside down†where the church works for the state. The solution then is to keep religious congregations independent of the influence of government. Political, Legal, Social Policy After the Great Depression, President Roosevelt’s New Deal political ideations focused on the structural conditions contributing to poverty and social inequality. Because of the depression, it had become obvious that personal morality could not prevent or be the primary cause of poverty (Nagal, 2006). Therefore, the public responsibility for ocial welfare was emphasized, and the popular moral dimension was minimized in social service delivery. Following the New Deal era, the Reagan administration shifted the focus back to the inclusion of faith-based organization in social service provisions. President Reagan considered religious organizations to be more effective than public or secular, nonprofit social service providers (Cnaan Boddie, 2002). Reagan went so far as to use the parable of the Good Samaritan as a metaphor for the cause of poverty. His perception of the biblical parable contrasted a bureaucratic aseworker against the Good Samaritan: The story of the Good Samaritan has always illustrated to me what God’s challenge really is. He crossed the road, knelt down, bound up the wounds of the beaten traveler, the pilgrim, and carried him to the nearest town. He didn’t go running into town and look tor a case-worker to tell him that there was a tellow out there that needed help. He took it upon himself. (Denton, 1982, p. 3 as cited in Cnaan Boddie, 2002) Reagan believed in volunteerism and the increased responsibility of private organizations to meet society’s social-welfare needs. The emphasis on volunteerism resulted in a decrease of government spending on social welfare initiatives in the 1980s. Reagan challenged the private sector to step up and meet the needs of society. He called on churches to provide for the needs of the poor within their own neighborhoods (Yancey, 2007). President Clinton took the challenge one step further and suggested that organized religion would be able to make a significant contribution to reducing the need for social welfare if each congregation in the United States would hire one person in need (Wuthnow, 2004). Here is what President Clinton said: Under this law [Charitable Choice], every state, when it becomes effective, every state in the country can say: If you will hire somebody off welfare, we’ll give you the welfare checks as a supplement for the wages and the training. It means, folks, when you go back home, your church can receive a person’s welfare check and add to it only a modest amount of money to make a living wage, and to take some time to train people and bring their children into the church, and make sure their children are all right and give them a home and family. I Just want every pastor in this audience to think about it. Just think about it. If every church in America hired one person off welfare, if every church in America could get some work to do that, it would set an example that would require the business community to follow, that would require the charitable and other nonprofit organizations to follow. We cannot create a government Jobs program big enough to solve the whole thing, but if everybody did it, one by one, we could do this Job. Associated Press, 1996, section A2) Throughout the later part of the 20th century, the federal government called on the Church to act as the primary safety net for people in need. History reveals that faith- ased organizations have always been a part of providing social welfare services. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with the Charitable Choice clause and Bush’s Faith Based and Community Initiative simply increased the collaboration between faith-ba sed organizations and the federal government. Separation of Church and State Before the Charitable Choice provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, faith-based organizations contracting with the government had to remove all religious symbols from the room where service was rovided; accept all clients; refrain from any religious ceremonies; hire staff that reflected society, not the organization’s belief system; adhere to government contract regulations; and incorporate separately as an 501 (c) (3) nonprofit organizations (Cnaan ; Boddie, 2002). All this changed after the PRWORA of 1996. First, faith- based services providers retain their religious autonomy; second, the government could not curtail the religious expression or practice of faith-based services; third, taitn-based service providers were exempt trom complying with employment policies andated by the Civil Rights Act of 1964; finally, faith based organization contracting with the government were no longer required to establish a separate, secular 501 (c) (3) nonprofit organization (Cnaan ; Boddie, 2002). There are, however, some stipulations that remain in order to contract with the government. Faith-based organizations are fiscally accountable to use government funds for the intended social services and not for religious worship or proselytization. The purpose of this section of the law is to ensure a clear separation between church and state. In order or the government to remain neutral to the religious or secular character of organizations, both are offered an opportunity to participate in social service programs. As Rosenthal (2006) states in his conclusion on Charitable Choice Programs and Title VII’s Co-Religionist Exemption: By offering religious institutions the opportunity to participate in social service programs, Congress is faithfully engaging the constitutional principle of neutrality by affording these organizations the same opportunities as non-religious organizations. On the flip side, however, the Constitution requires that this participation be both ecular and non-discriminatory, so as to ensure that religious organizations are not benefited simply by virtue of their religious character. p. 665) Implication for Social Work Practice David Stoesz (2007) in his response to Should Social Services be Privatized asserts that the social work profession traditionally sides with social welfare. This leads to the dismissal of nonprofit agencies and blatant hostility to for-profit agencies. Because of this bias, social work education is devoid of the knowledge and skills that are es sential to business strategies in service provision. The implication for social work education would entail an increase of content in finance, marketing, information systems, and contracting. This would equip social workers to be more competitive in the new human-service market. With access to government funding that no longer regards the religious character of the service provider as a hindrance to the separation of church and state, it is likely (if not already evident by the NCCS reports) that more faith-based organizations and churches will engage in partnership with the public sector. This significant change has influenced social service delivery. As a social work practitioner, I could easily find myself working within a faith-based organization or at least collaborating with a faith-based organization in service delivery. Social work is a value-based profession. Although more secularized than ever before, social work can provide leadership in shaping the collaborative effort between the helping professions and faith-based organizations. This is especially important in considering the integration of spirituality and religion in social work practice. With the prevalence of faith-based organizations providing social services, it ould be beneficial for social work education to increase the content on ethical social work practice within religious settings. With an increased competency in the integration of social work practice with religion and spirituality, social work practitioners can further appreciate the efforts of religious organizations to address social problems. Social work should also â€Å"proceed cautiously to outline the parameters ot ethical social work practice in religious organizations† (Sherr et al, 2009, p. 64) so that service delivery does not cross the ethical line and become an opportunity for proselytizing. The profession of social work continues to realize the importance of religious and spiritual beliefs for clients. The importance of these issues in social work education is supported by the Council on Social Work Education (CSWE) Educational Policy and Accreditation Standard, 2. 1. 4: Social workers understand how diversity characterizes and shapes the human experience and is critical to the formation of identity. The dimensions of diversity are understood as the intersectionality of multiple factors including age, class, color, culture, disability, ethnicity, gender, gender identity and expression, immigration tatus, political ideology, race, religion, sex, and sexual orientation†¦ [Social workers] gain sufficient self-awareness to eliminate the influence of personal biases and values in working with diverse groups†¦ (CSWE, 2008, p. 5) The NASW Code of Ethics (2008) points to the importance of recognizing religious and spiritual beliefs in order to practice in a holistic, client-centered manner. Section 1 . 05(c) of the Code of Ethics states: Social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, ex, sexual orientation, gender identity or expression, age, martial status, political belief, religion, immigration status and mental or physical disability. (NASW, 2008, p. 9) Competently addressing religious and spiritual beliefs is part of the holistic approach to working with the multi-dimensional person†bio, psycho, social, and spiritual. To ignore the value system of a client leaves the door open for social workers to taint the helping relationship with their own beliefs and values (Zellmer Anderson-Meger, 2011). Summary populations (Karger et al, 2007). History reveals that faith-based organizations have lways been a part of providing social welfare services. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with the Charitable Choice clause and Bush’s Faith Based and Community Initiative simply increased the collaboration between faith-based organizations and the federal government. Conservative thinkers believe that churches can address welfare better than the government and the secular social service system (Cnaan ; Boddie, 2002). Conservatives vigorously attack the belief that government should finance and deliver social services to the population (Karger et al, 2007). Liberal ideology asserts that the government should play a central role in the provision of services†that government is responsible for ensuring that all people, regardless of status in life, receive needed services and supports that maximize their well-being and ability to participate in society (Colby, 2007). With an increased competency in the integration of social work practice with religion and spirituality, social work practitioners can turtner appreciate the etto religious organizations to address social problems. With the prevalence of faith- based organizations providing social services, it would be beneficial for social work ducation to increase the content on ethical social work practice within religious settings. The clashes between present-day humanistic and faith-based ideologies have spawned a lasting political debate over the correctness of federal government funding of faith-based social services. In the American pluralistic society, public funds should not be used to promote any particular religion. Therefore, the social work profession should take a leadership role in appreciating diversity, and ethically navigating social welfare and the faith-based initiative. How to cite Critique of Theoretical Framework, Papers

Friday, December 6, 2019

Cigarette smoking is the greatest preventable caus Essay Example For Students

Cigarette smoking is the greatest preventable caus Essay pope of disease and premature death in the United States. Secondhand smoke causes numerous lung cancer deaths annually. Measures have been taken in both workplaces and public places to limit exposure to secondhand smoke. The economic cost of smokers to society is phenomenal. It includes monetary costs, lost workdays and shortened work lives. Many states are establishing and maintaining comprehensive tobacco-control programs to reduce tobacco use. They provide education to our youth to prevent them from ever starting and smoking cessation programs for individuals that currently wish to stop smoking. Education and support are known ways to eventually prevent smoking in the future. Efforts to increase the public perception of the harmful effects of tobacco must utilize a comprehensive approach that affects policy development, education strategies and health care systems. Smoking is becoming more and more unfashionable as time goes on. There are many studies conducted showing that secondhand smoke is a health hazard to both the smoker and anyone that relies on the same air supply, not to mention the unpleasantness and discomfort it causes those that do not smoke. The Environmental Protection Agency reports that it is estimated that secondhand smoke that emerges from exhaling and burning cigarettes causes approximately 3,000 lung cancer deaths and 37,000 heart disease deaths in nonsmokers each year. (Nolo, 2002). According to a 1998 Gallop poll, 94% of Americans, including both smokers and nonsmokers, agree that companies should either ban or restrict smoking to properly ventilated areas. Another Gallop poll indicates that 95% of nonsmokers, and 69% of smokers, think Californias ban on smoking in almost all workplaces is positive. Some companies are now refusing to hire anyone who admits to smoking on a job application because of higher healthcare insurance, absenteeism, unemployment insurance and workers compensation insurance associated with these individuals. (Nolo, 2002). Those that do not smoke feel it is an infringement of what they consider to be a reasonable right not to have to breath other peoples cigarette smoke while at work. During the 1970s the dangers of secondhand smoke were beginning to amass and a movement for nonsmokers emerged. When it was proven that secondhand smoke was harmful to nonsmokers who inhale it passively, (Koop, C. Everett et al. 1996), the public became less tolerant of smoking in the workplace as well as public places. Exposure to tobacco smoke remains a health hazard that is completely preventable. Many state and local laws for clean indoor air reduce but do not eliminate nonsmokers exposure to secondhand smoke and smoking bans appear to be the most effective method of reducing exposure to secondhand smoke.Although there are no federal laws that directly control smoking in the workplace, (Nolo, 2002) many city and county ordinances ban smoking in the workplace. On the other hand, half of the states make it illegal to discriminate against those who smoke during non-working hours. However, many states protect employees from unwanted smoke on the job. Workplaces nationwide have gone smoke free to provide clean indoor air to protect employees. Tobacco smoke contains thousands of different chemicals (ASH, 2001) know to be carcinogens (cancer causing substances) that are released into the air as particles or gases. To date, workers have been awarded unemployment, disability and workers compensation benefits for illness and loss of work due to exposure to secondhand smoke. Twenty states and the District of Columbia limit smoking in private worksites and forty-one states and the District of Columbia have laws restricting smoking in state government buildings. In 1997, President Clinton signed an executive order requiring federal buildings to become smoke-free. Simply separating smokers and nonsmokers within the same airspace reduces, but does not eliminate, exposure of nonsmokers to secondhand smoke. California banned smoking in public places in 1998 and recently both the Delaware State Senate and House of Representatives passed Senate Bill 99, making Delaware one of very few states in the nation to enact a comprehensive and landmark smoking ban that includes restaurants and bars. Governor Ruth Ann Minner signed the bill into law on May 31, 2002 and the bill will become effective on November 27, 2002. .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 , .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .postImageUrl , .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .centered-text-area { min-height: 80px; position: relative; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 , .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:hover , .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:visited , .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:active { border:0!important; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .clearfix:after { content: ""; display: table; clear: both; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:active , .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .centered-text-area { width: 100%; position: relative ; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:hover .ctaButton { background-color: #34495E!important; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3 .ucf6b7dc23fc3b4be3c6d5e923f91f8a3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ucf6b7dc23fc3b4be3c6d5e923f91f8a3:after { content: ""; display: block; clear: both; } READ: Human Evolution Essay (State of Delaware, 2002). When a bill of this nature becomes effective, it should eliminate the need of local governments to enact workplace-smoking restrictions within their jurisdictions. Many smokers agree that the restrictions on smoking are reasonable and even helpful as smokers try to quit or cut down on their smoking. Some have questioned if common courtesy would resolve the smoking problem and, if that were the case, we would not need any laws at all. However, people can be discourteous and inconsiderate and nonsmokers should not have to ask total strangers to stop smoking for exposure to a healthy environment. Once the Government passes such a law, a considerable amount of money and time is spent developing the regulations and determining the penalties, fines and actions against repeat offenders. It needs to be determined who will decide the amount of the fines, what the cost of the fines will actually be and who will be responsible for enforcing the law. There are many ways to educate individuals who currently smoke with regard to prevention and support. As a result of the health and economic consequences of cigarette smoking, states are establishing and maintaining comprehensive tobacco-control programs to reduce tobacco use among youth. There are seven recommendations for school health programs to prevent tobacco use and addiction. They include developing and enforcing a school policy on tobacco use, providing instruction regarding the short and long-term negative effects and social consequences of tobacco use, tobacco use prevention education in kindergarten through 12th grade, in which should be most intensive between junior high or middle school and then reinforced in the high school years, provide education to the teachers, involve parents and families in support of school-based tobacco prevention programs, support cessation efforts for students and teachers who use tobacco and assess the tobacco use prevention program regularly. Most of the United States public strongly agrees with policies that help prevent youth from starti ng in the first place. (MMWR. 1994). Cigarette smoking as well as smokeless tobacco use are always almost started and established during adolescence. The tobacco industry spends approximately $4 billion per year to promote and advertise cigarettes. Current research shows that universal tobacco promotion creates the perception that more people smoke than actually do, and it attempts to project that smoking is cool. Cigarettes smoking among our youth have not declined over the past decade and 28 percent of the nations high school seniors currently smoke cigarettes. Preventing cigarette smoking among our youth is the means in which to end the epidemic of tobacco use in the United States. Lee, P. (1994). According to the Centers for Disease Control (MMWR, 1994) 83% of current smokers wish they did not smoke and nearly one-third of all smokers quit for at least one day each year. 93% of smokers who try to quit start smoking again within one year. There are many medications to help those that want to quit smoking. They include oral medications, nicotine gum, a nicotine inhaler, nicotine nasal spray or a nicotine patch. Most can benefit from using a medication and all of these medications can as much as double ones chances of quitting and quitting for good. There are three treatment categories for smokers that clinicians should consider when determining a strategy. First, those who smoke cigarettes and are willing to quit should be treated using the 5 As (Ask, Advise, Assess, Assist, and Arrange). Secondly, those that smoke cigarettes but are unwilling to quit should be treated with the 5 Rs motivational intervention (Relevance, Risks, Rewards, Roadblocks, and Repetition). Thirdly, those who have recently quit using tobacco should be provided relapse prevention treatment. Studies have shown that the five keys for quitting include getting ready, getting support, learning new skills and behaviors, getting medication and using it properly and be prepared for relapse or difficult situations. (U. .uac4dbad0e795bd9ae7067d1ca1018b78 , .uac4dbad0e795bd9ae7067d1ca1018b78 .postImageUrl , .uac4dbad0e795bd9ae7067d1ca1018b78 .centered-text-area { min-height: 80px; position: relative; } .uac4dbad0e795bd9ae7067d1ca1018b78 , .uac4dbad0e795bd9ae7067d1ca1018b78:hover , .uac4dbad0e795bd9ae7067d1ca1018b78:visited , .uac4dbad0e795bd9ae7067d1ca1018b78:active { border:0!important; } .uac4dbad0e795bd9ae7067d1ca1018b78 .clearfix:after { content: ""; display: table; clear: both; } .uac4dbad0e795bd9ae7067d1ca1018b78 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uac4dbad0e795bd9ae7067d1ca1018b78:active , .uac4dbad0e795bd9ae7067d1ca1018b78:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uac4dbad0e795bd9ae7067d1ca1018b78 .centered-text-area { width: 100%; position: relative ; } .uac4dbad0e795bd9ae7067d1ca1018b78 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uac4dbad0e795bd9ae7067d1ca1018b78 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uac4dbad0e795bd9ae7067d1ca1018b78 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uac4dbad0e795bd9ae7067d1ca1018b78:hover .ctaButton { background-color: #34495E!important; } .uac4dbad0e795bd9ae7067d1ca1018b78 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uac4dbad0e795bd9ae7067d1ca1018b78 .uac4dbad0e795bd9ae7067d1ca1018b78-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uac4dbad0e795bd9ae7067d1ca1018b78:after { content: ""; display: block; clear: both; } READ: Diary Of Anne Frank EssayS. Public Health Service, 2000). The costs to both society and individuals that smoke are phenomenal. Approximately 60% of the direct health cares costs in the United States are used to treat tobacco

Friday, November 29, 2019

A Rhetorical Analysis of U2s Sunday Bloody Sunday

A Rhetorical Analysis of U2s Sunday Bloody Sunday In this critical essay, composed in 2000, student Mike Rios offers a rhetorical analysis of the song Sunday Bloody Sunday by the Irish rock band U2. The song is the opening track of the groups third studio album, War (1983). The lyrics to Sunday Bloody Sunday can be found on U2s official website. The Rhetoric of U2s Sunday Bloody Sunday By Mike Rios U2 have always produced rhetorically powerful songs. From the spiritually driven I Still Haven’t Found What I’m Looking For to the blatantly sexual If You Wear That Velvet Dress, audiences have been persuaded to examine their religious doubts as well as to give in to their emotions. Never a band content in sticking to one style, their music has evolved and taken many forms. Their more recent songs show a level of complexity so far unsurpassed in music, drawing heavily on the ambiguity of paradox in songs like So Cruel while evoking sensory overload with the aid of the list structure in Numb. But one of the most powerful songs dates back to their early years, when their style was Senecan-like, seemingly simpler and more direct. Sunday Bloody Sunday stands out as one of U2’s finest songs. Its rhetoric is successful because of its simplicity, not despite it. Written in part as a response to the events of January 30, 1972 when the Paratroop Regiment of the British Army killed 14 people and wounded another 14 during a civil rights demonstration in Derry, Ireland, Sunday Bloody Sunday takes hold of the listener instantly. It is a song speaking against not only the British Army, but the Irish Republican Army as well. Bloody Sunday, as it has come to be known, was only one act in a cycle of violence claiming many innocent lives. The Irish Republican Army was certainly contributing to the bloodshed. The song begins with Larry Mullen, Jr. beating his drums in a martial rhythm that connotes visions of soldiers, of tanks, of guns. Although not original, it is a successful use of musical irony, enveloping a song of protest in the sounds usually associated with those it is protesting against. The same can be said of its use in the cadence-like foundations of Seconds and Bullet the Blue Sky. Having grabbed hold of the listener’s attention, Th e Edge and Adam Clayton join in with lead and bass guitars respectively. The riff is as close to concrete as sound can get. It is massive, almost solid. Then again, it has to be. U2 is endeavoring upon a subject and theme wide in scope. The message carries a great deal of significance. They must connect with every ear, every mind, every heart. The pounding beat and the heavy riff transport the listener to the scene of the killings, appealing to pathos. A violin glides in and out to add a softer, delicate touch. Caught in the musical attack, it reaches out to the listener, letting him or her know that the song’s grip will not strangle, but the firm hold must be kept nonetheless. Before any words are sung, an ethical appeal has taken shape. The persona in this song is Bono himself. The audience knows he and the rest of the band are Irish and that, although not personally familiar with the event that gives the song its title, they have seen other acts of violence while growing up. Knowing the band’s nationality, the audience trusts them as they sing about the struggle in their homeland. Bono’s first line makes use of aporia. I can’t believe the news today, he sings. His words are the same words spoken by those who have learned of yet another attack in the name of a great cause. They express the confusion such violence leaves in its aftermath. The murdered and the wounded are not the only victims. Society suffers as some individuals continue to try and comprehend while others take arms and join in the so-called revolution, continuing the vicious cycle. Epizeuxis is common in songs. It helps to make songs memorable. In Sunday Bloody Sunday, epizeuxis is a necessity. It is necessary because the message against violence must be drilled into the audience. With this end in mind, epizeuxsis is modified to diacope throughout the song. It is found in three different instances. The first is the erotesis How long, How long must we sing this song? How long? In asking this question, Bono not only replaces the pronoun I with we (which serves to draw the members of the audience closer to him and to themselves), he also implies the answer. The instinctive reply is that we should not have to sing this song any longer. In fact, we should not have to sing this song at all. But the second time he asks the question, we are not so sure of the answer. It ceases to be erotesis and functions as epimone, again for emphasis. Furthermore, it is somewhat akin to ploce, in that its essential meaning changes. Before repeating the How long? question, Bono uses enargia to vividly recreate violence. The images of broken bottles under children’s feet [and] bodies strewn across a dead end street appeal to pathos in an effort to disturb the listeners. They are not disturbing because they are too horrible to imagine; they are disturbing because they do not have to be imagined. These images appear too often on television, in newspapers. These images are real. But Bono cautions against acting solely based on the pathos of a situation. To keep his pathetic appeal from working too well, Bono sings that he won’t heed the battle call. A metaphor for refusing the temptation to avenge the dead or hurt, this phrase conveys the strength needed in doing so. He employs antirrhesis to support his statement. If he allows himself to be seduced into becoming a rebel for the sake of revenge, his back will be put against the wall. He will have no further choices in life. Once he picks up a gun he will have to use it. It is also an appeal to logos, weighing the consequences of his actions beforehand. When he repeats How long? the audience realizes that it has become a real question. People are still being killed. People are still killing. It is a fact made all too clear on November 8, 1987. As a crowd gathered at Enniskillen town in Fermanagh, Ireland, to observe Remembrance Day, a bomb placed by the IRA was detonated killing 13 people. This sparked the now infamous dehortatio during a performance of Sunday Bloody Sunday that same evening. Fuck the revolution, Bono declared, reflecting his anger and the anger of his fellow Irishmen at another senseless act of violence. The second diacope is tonight we can be as one. Tonight, tonight. Utilizing hysteron proteron to emphasize tonight and therefore the immediacy of the situation, U2 offers a solution, a way in which peace can be restored. Clearly an appeal to pathos, it evokes the emotional comfort gained by human contact. The paradox is easily dismissed by the hopefulness resonating in the words. Bono tells us it is possible to become one, to unite. And we believe himwe need to believe him. The third diacope is also the major epimone in the song. Sunday, bloody Sunday is, after all, the central image. The use of diacope differs in this phrase. By placing bloody within the two Sundays, U2 demonstrates how significant this day is. To many, thinking of the date will forever be linked with remembering the brutality inflicted on that date. Surrounding bloody with Sunday, U2 forces the audience to experience, at least in some way, the link. In doing so, they provide a manner by which the audience can further unite. U2 employs various other figures to persuade their audience. In the erotesis, there’s many lost, but tell me who has won? U2 extends the battle metaphor. There is an example of paronomasia in lost. In relation to the battle metaphor, which is now the struggle to unite, lost refers to the losers, those who have fallen victim to the violence by either partaking in it or experiencing it. Lost also refers to those who do not know whether to refrain or take part in the violence, and do not know which path to follow. Paronomasia is used earlier in dead end street. Here dead means physically the final portion of the street. It also means lifeless, like the bodies strewn across it. The two sides of these words express the two sides of the Irish struggle. On one hand there is the idealistic cause for freedom and independence. On the other there is the result of trying to attain these goals through terrorism: bloodshed. The battle metaphor continues when Bono sings the trenches dug within our hearts. Appealing to emotion again, he compares souls with battlefields. The paronomasia of torn apart’ in the next line supports the metaphor by illustrating the casualties (both those physically torn and hurt by bombs and bullets, and those torn and separated by allegiances to the revolution). The list of victims is displayed as a tricolon to suggest no importance of one over any other. Mother’s children, brothers, sisters, they are all equally cherished. They are all also equally vulnerable, likely to fall victim to the often random attacks. Finally, the last stanza contains a variety of rhetorical devices. Like the paradoxical solution suggested in the opening stanza, the paradox of fact being fiction and television reality is not difficult to accept. To this day there remains controversy over the shootings that occurred more than twenty-five years ago. And with both major protagonists in the violence distorting the truth for their own sake, fact is certainly capable of being manipulated into fiction. The terrible images of lines 5 and 6 support the television paradox. This phrase and the antithesis we eat and drink while tomorrow they die add to the sense of perplexity and urgency. There is also a trace of irony in enjoying basic human elements while the next day someone else dies. It causes the listener to ask him or herself, who are they? It causes him or her to wonder if it could be a neighbor, or a friend, or a family member that dies next. Many probably think of those who have died as statistics, numbers in a grow ing list of murdered. The juxtaposition of we and they confronts the tendency to distance oneself from unknown victims. It asks that they be considered as people, not numbers. Another opportunity for unification is thus presented. Besides uniting with each other, we must also unite with the memories of those slain. As the song heads towards the closing diacope, one last metaphor is employed. To claim the victory Jesus won, sings Bono. The words immediately connote the blood sacrifice particular to so many cultures. The listener hears victory, but also remembers that Jesus had to die in order to achieve it. This makes an appeal to pathos, stirring religious emotions. Bono wants the listener to know that it is not an easy journey he is pleading for them to embark on. It is difficult, but well worth the price. The final metaphor also appeals to ethos by linking their struggle to that of Jesus, and therefore making it morally right. Sunday Bloody Sunday remains as powerful today as it was when U2 first performed it. The irony of its longevity is that it is still relevant. U2 would no doubt rather they did not have to sing it anymore. As it stands, they will probably have to continue singing it.

Monday, November 25, 2019

Writing Prompts and Topics for the Easter Holiday

Writing Prompts and Topics for the Easter Holiday Journal writing teaches elementary school students to think creatively and gives them an opportunity to practice writing without the pressure of a right or wrong answer. You may or may not choose to review journal entries for correct grammar and spelling, but lifting the pressure of producing a polished piece often frees students to just enjoy the process. Many teachers see a marked improvement in overall writing ability in a short time when they use journals in the classroom. Try to make time at least a few days each week for your students to express their thoughts and feelings through words. Writing Prompts Holidays and other special occasions make good writing prompts because children generally look forward to them and enthusiastically share their thoughts on the topic. Easter writing prompts and journal topics inspire  students to write about the Easter season and what it means to them. It also gives teachers an opportunity to learn more about their students personal lives and how they celebrate the holiday. Suggest that your students share their journals with their parents at the end of the year; its a priceless gift of a scrapbook filled with mementos straight out of their childs mind. You can let your students write stream-of-consciousness style with few restrictions or provide more structure for a journal entry with length recommendations and suggestions for details to include. The main goal of journal writing should be to help students lose their inhibitions and write with the  pure purpose of writing for the sake of writing. Once they get the hang of letting their thoughts flow, most students really enjoy the exercise. Topics for Easter How do you celebrate Easter with your family? Describe what you eat, what you wear, and where you go. Who celebrates Easter with you?What is your favorite Easter book? Describe the story and explain why you like it best.Do you have an Easter tradition with your family or a friend? Describe it. How did it start?How has Easter changed from when you were really little to  now?I love Easter because†¦ Explain what you love about the Easter holiday.How do you decorate your Easter eggs? Describe the colors you use, how you dye them, and what the finished eggs look like.I once got a magic Easter egg†¦ Start a story with this sentence and write about what happened when you received the magic egg.At the perfect  Easter dinner, I would eat... Start a story with this sentence and write about the food you would eat at your perfect Easter dinner. Dont forget dessert!Imagine that the Easter bunny ran out of chocolate and candy before Easter ended. Describe what happened. Did someone c ome along and save the day? Write a letter to the Easter bunny. Ask him questions about where he lives and what he likes most about Easter. Tell him how you celebrate the holiday.

Thursday, November 21, 2019

Marbury vs. Madison Case Essay Example | Topics and Well Written Essays - 500 words

Marbury vs. Madison Case - Essay Example Some legal scholars have accepted the legitimate reasoning of Marshall while others remain to challenge the decision he made toward the Marbury vs. Madison case. Alexander Bickel question John Marshall ruling, Bickel argued that Marshall Verdict in advocated justice for Marbury vs. Madison case was unconvincing and power-driven interpretation of jurisprudence. Marshall recommended that the Supreme Court had an outright obligation to strike-down every rule it discovers violated the constitution. â€Å"It is emphatically the province and duty of the Judicial Department to say what the law is" Bickel foresees that consenting the constitution to mean whatever the Supreme Court perceives to be right might turn the constitution into a mere document in the hands of the judges. Consequently, judges may twist and shape the constitution into any form that delights them rather than giving the legal decision that will facilitate court attaining decision that depict legitimate, fair and just rul ing. Alexander Mordecai Bickel puts evidently that the aim of John Marshall was using federalist tactic to craft a strong central government over the opposition of Jeffersonian who was alacritous to have a resilient state government. Therefore, John Marshal used the case to establish the Supreme Court as center of power, proficient at overruling the legislature, the president, and the state. Bickel believed that allowing Supreme Court to dictate the constitution might turn it susceptible as judges may desire to shape and twist the constitution towards their lusts, personal gains and egotistical interests2. It is important that Alexander Bickel’s notion is taken into consideration to circumvent future judges from using their positions for personal interest. Conversely, Supreme Court remained to be a vital constitutional independent branch, but it has to incorporate other institution such as congress, and the state interest thus fashioning a holistic relationship for sustainabl e governance of the country.

Wednesday, November 20, 2019

Experiment 9 formal report Lab Example | Topics and Well Written Essays - 1250 words

Experiment 9 formal - Lab Report Example Methodology also involves description of procedures like recording of paired values and subsequent calculation of proportionality constants, means and standard deviations. Results section provided tabulated information together with corresponding graphs for the three experiments. This report also contains a discussion section revolving around findings made in the preceding section. Discussion proves whether the hypothetical claim made earlier is true or false. Finally, a conclusion summarizes main concepts of the experiments. Irrespective of their constituent atoms, all gases obey certain relations with environmental parameters of pressure, temperature and volume. Unique relation of gases to these parameters constitutes the three gas laws. This means that gases have similar physical properties, be it CO2, NO2 or H2O (g). While describing behavior of gases in relation to the three physical parameters acknowledged earlier, a forth variable, specifically the number of molecules, is used. The three gas laws explain behavior of gases when two physical parameters are paired. Technically, behavior of gases in relation to any of the three parameters is independent of each other (Myers, 19). In this case, a gas’ behavior with changing temperature can be measured by keeping the pairing variable, either pressure or volume constant. Practically, gases may show slight variation of variable quantities from theoretically expected values. This explains the concept of ideal gas law, a law that combines relationshi p of all the four essential variables of pressure, temperature, volume and the number of moles. Ideal gas law is written as PV = nRT where n = number of moles, P = pressure, T = temperature, V = volume and R = gas constant with a uniform value of 0.0821 L-atm/mole-K. As acknowledged earlier, relationship between two variables can be determined since behavior of each variable in independent of the other variables. In the experiment, the forth

Monday, November 18, 2019

What do you see as advantages & disadvantages of being native a Essay

What do you see as advantages & disadvantages of being native a speaker and a non-native speaker - Essay Example Native speakers of a language enjoy numerous advantages over their non-native counterparts who, subsequently, experience a range of disadvantages due to social exclusion, lack of any intense or ongoing semantic familiarity and the burden of social or ethnic otherness that finds itself replicated in language systems. Advantages also exist for non-native speakers however, as the concept of English as a 'global language' creates a simplified, secondary stream of English language communication. Native and non-native speakers therefore enjoy both positive and negative flow on effects from their degree of expertise or familiarity - and these effects vary as global language systems evolve. As the use of English spreads throughout the world and the concept of a 'global english' becomes more viable - a clear delineation emerges between native and non-native speakers of the promoted dominant language. There is a clear linguistic stratification within groups who are 'speakers' of a certain lang uage. Even within groups of native speakers there are cultural, socio-economic and micro-social dialectic particulars creating sub-categories of communication that produce exclusivity within even smaller groups.

Saturday, November 16, 2019

What Is Childhood Onset Schizophrenia Psychology Essay

What Is Childhood Onset Schizophrenia Psychology Essay The number of people with schizophrenia in Canada in 2004 was estimated at 234,305or 1% of the population. The probability of individuals developing schizophrenia is higher for those that have the illness existing in their family history. Men and women are affected equally, but among the individuals who have schizophrenia, the male population is more likely to experience the illness at an earlier age than the female population. On average, males tend to experience symptoms of schizophrenia at the age of 18, compared to females who experience the illness at the average age of 25. Furthermore schizophrenia in Canada in 2006-2007 was one in 100 Canadians suffers from schizophrenia and another one in 100 suffers from bipolar disorder, or manic depression; 8% of adults will experience major depression at some point in their lives, while 12% of the population is affected by anxiety disorders. The onset of most mental illness occurs during childhood, adolescence and young adulthood. One out of every five Canadians will have a mental health problem at some point in his or her life. What is Childhood Onset Schizophrenia? Childhood schizophrenia is the onset of triggers before full flange schizophrenia is diagnosed this usually happens between the ages of 17 to 25. Having an initial onset before age 14 or after age 30 is unusual. Childhood schizophrenia is more common in males then females. Childhood-onset schizophrenia (COS), particularly when diagnosed prior to the age of 13, is considered to be especially rare and severe (Torrey, 2001). It has been estimated that COS occurs in 1 in 10,000children. Of all schizophrenic disorders, only 0.1 to 1% manifest prior to age 10, increasing to 4% by age 15 (Dulmus Smyth, 2000). As with other schizophrenic spectrum disorders, COS is much more rare and more severe than its adult-onset counterpart. Why the onset of schizophrenia occurs in this specific age group is unknown. Schizophrenia is a chronic mental illness that affects the brain. It is a psychotic disorder which involves delusions, hallucinations and a loss of contact with reality. This makes it very d ifferent for a person who suffers from schizophrenia to differentiate between what is real and what is not real. However, it is currently believed that most cases of COS are attributable to some form of brain disease with genetic roots. The genetic roots are especially prominent, as nearly 50% of children with COS have at least one first degree relative with schizophrenia or a schizophrenic spectrum disorder (Thaler, 2000). It was initially thought that the age at which psychotic aspects of COS developed was associated with the onset of puberty. In females, the development of secondary sex characteristics has been shown to be associated with the onset of psychosis, but the same is not true for males (Jacobson Rapoport, 1998). Childhood schizophrenia symptoms are different than those associated with adult schizophrenia. Schizophrenia in children doesnt start suddenly, adults schizophrenia happens in episodes and it occurs relatively suddenly. But this almost never happens with a childs case of onset schizophrenia. Likewise in adults when they lose interests in pleasurable things children exhibi t the same symptoms they begin to lose interest in their friends or activities and they may start to display strange behavior like running out of the house in the middle of the night undressed these signs and symptoms have been reported by parents who have children diagnosed with COS. Causes Although it is unclear whether schizophrenia has a single or multiple underlying causes, evidence suggests that it is a neurodevelopmental disease likely involving a genetic predisposition, a prenatal insult to the developing brain, and stressful life events. The role of genetics has long been established; the risk of schizophrenia rises from 1 percent with no family history of the illness, to 10 percent if a first degree relative has it, to 50 percent if an identical twin has it. Prenatal insults may include viral infections, such as maternal influenza in the second trimester, starvation, lack of oxygen at birth, and untreated blood type incompatibility. Studies find that children share with adults many of the same abnormal brain structural, physiological, and neuropsychological features associated with schizophrenia. The children seem to have more severe cases than adults, with more pronounced neurological abnormalities. This makes childhood-onset schizophrenia potentially one of t he clearest windows available for research into a still obscure illness process. How Does It Affect Them? Childhood schizophrenia has a philosophical effect on a childs ability to function effectively in all aspects of life- family relationships, school, social life etc. The onset of schizophrenia in early childhood years usually leads to disruption in a childs education. Child with schizophrenia often experience difficulty maintaining focus in class. Because of their environmental factors, they may feel as if they are being targeted by other students this is a state of delusion as well as figment of the imagination. A child who suffers from the onset of schizophrenia may need to have a teachers assistant who can provide them with the positive support while they are in school in order to function. Genetic predisposition: A genetic predisposition, a prenatal insult to the developing brain, and stressful life events. The role of genetics has long been established; the risk of schizophrenia rises from 1 percent with no family history of the illness, to 10 percent if a first degree relative has it, to 50 percent if an identical twin has it. Prenatal insults may include viral infections, such as maternal influenza in the second trimester, starvation, lack of oxygen at birth, and untreated blood type incompatibility. Studies find that children share with adults many of the same abnormal brain structural, physiological, and neuropsychological features associated with schizophrenia. The children seem to have more severe cases than adults, with more pronounced neurological abnormalities (NIMH, 2009). Experts now agree that schizophrenia develops as a result of interplay between biological predisposition (for example, inheriting certain genes) and the kind of environment a person is exposed to. These lines of research are converging: brain development disruption is now known to be the result of genetic predisposition and environmental stressors early in development (during pregnancy or early childhood), leading to subtle alterations in the brain that make a person susceptible to developing schizophrenia. Environmental factors later in life (during early childhood and adolescence) can either damage the brain further and thereby increase the risk of schizophrenia, or lessen the expression of genetic or neurodevelopmental defects and decrease the risk of schizophrenia. In fact experts now say that schizophrenia (and all other mental illness) is caused by a combination of biological, psychological and social factors, and this understanding of mental illness is called the bio-psycho-so cial model (Chiko, 1995). Children who dont receive medication treatment may not have a positive support system they may possibly have a much greater chance of experiencing hardship throughout life. Because medication would help stabilize a childs triggers from becoming worst as well as strengthen their cognitive functioning for a better outcome in life. The cognitive functioning is related to the types of symptoms experienced. Individuals with higher intelligence experience more positive symptoms, while those with lower intelligence experience more negative symptoms (Gonthier Lyon, 2004). Children who dont take medication for schizophrenia will have a difficult time creating optimistic coping strategies to help them with their adversities they may be encountering. Children who have received early medication interventions have a more likelihood of developing a stronger ability to deal with COS because of the early interventions they have receive (Gonthier Lyon, 2004). Treatment: Treatments that help young patients manage their illness have improved significantly in recent decades. As in adults, antipsychotic medications are especially helpful in reducing hallucinations and delusions. The newer generation atypical antipsychotics, such as olanzapine and clozapine, may also help improve motivation and emotional expressiveness in some patients. They also have a lower likelihood of producing disorders of movement, including tardive dyskinesia, than the other antipsychotic drugs such as haloperidol. However, even with these newer medications, there are side effects, including excess weight gain that can increase risk of other health problems. Children with schizophrenia and their families can also benefit from supportive counseling, psychotherapies, and social skills training aimed at helping them cope with the illness. They likely require special education and/or other accommodations to succeed in the classroom. The medication interventions that are available for COS are treatment based. Treatment for schizophrenia through medication is pharmacological therapy. Pharmacological treatment usually takes form of neuroleptic drugs and antipsychotics. Children who are taking this medications need greater care; not only because of the side effects but because there is a negative association between the dose administered and the patients level of social functioning. The most commonly used medications that are prescribed to children are: the antipsychotics risperidone Risperdal and olanzapine (Zyprexa (Nicholson, 2000). Antipsychotic drugs, like virtually all medications, have unwanted side effects along with their beneficial effects. During the early phases of antipsychotic drug treatment, patients may be troubled by side effects such as drowsiness, restlessness, muscle spasms, tremor, dry mouth, or blurring of vision. Most of these can be corrected by lowering the dosage or can be controlled by other medications. Different patients have different treatment responses and side effects to various antipsychotic drugs. A patient may do better with one drug than another (Nimh, 2007). The long-term side effects of antipsychotic drugs may pose a considerably more serious problem. Tardive dyskinesia (TD) is a disorder characterized by involuntary movements most often affecting the mouth, lips, and tongue, and sometimes the trunk or other parts of the body such as arms and legs. It occurs in about 15 to 20 percent of patients who have been receiving the older, typical antipsychotic drugs for many years, but TD can also develop in patients who have been treated with these drugs for shorter periods of time. In most cases, the symptoms of TD are mild, and the patient may be unaware of the movements (Nimh, 2007). Antipsychotic medications developed in recent years all appear to have a much lower risk of producing TD than the older, traditional antipsychotics. The risk is not zero, however, and they can produce side effects of their own such as weight gain. In addition, if given at too high of a dose, the newer medications may lead to problems such as social withdrawal and symptoms resembling Parkinsons disease, a disorder that affects movement. Nevertheless, the newer antipsychotics are a significant advance in treatment, and their optimal use in people with schizophrenia is a subject of much current research (Nimh, 2007). However an children who has received medication treatment based interventions will have the ability to better cope with tribulations. Counter Argument: There are parents who support COS without the use of medication intervention. These caregivers believe in a more holistic approach to dealing with COS. The holistic approach includes: the childs caregivers, school as well as doctor and community; they can implement strategies to help a childs successes without the use of medications. It takes a village to raise a child this means if the child has a great support system surrounding them it can be possible for them to do well without the use of medication. From an ecological perspective if the risks in a child/youth life overpower the positive factors the child/youth are at a greater destitution of environmental events and transitions over the course of life. Some would agree with this point because a youth can build up a natural resilience to cope with their dilemmas. This in fact can be stronger than youth who have been exposed to early interventions. Because they have learned to either fight or flight when it comes to difficulties they may face. Youth are able to demonstrate the fight or flight theory when it comes to adjusting to their context without any major downfalls, they can better become accustomed when adapting to lives trials and tribulations. Many families choose to support their child who has been diagnosed with COS with cognitive therapy. Cognitive therapy with COS patients involves education about schizophrenia, including treatment options, social skills training, relapse prevention, basic life skills training, and problem solving skills and strategies (AACAP, 2001). Social skills and basic life skills training can overlap, as children learn the age-appropriate skills necessary to function in their environment. This often includes communication skills such as eye contact, assertiveness and self-advocacy training, conversation skills, coping strategies, and basic self-care skills, such as grooming and hygiene, cooking, basic money management skills, and vocational training (Dulmus Smyth, 2000). Many of these skills should be taught within an educational setting and worked into a systematic classroom curriculum (Gonthier Lyon, 2004). This continues into early school age, when impairments in attention and behavior begin to manifest, affecting school performance. Because of these impairments, it is often the childs teacher who first notices early problems (Brown, 1999). The real onset of schizophrenia consists of four phases through which children continue to cycle corrosion increases with each cycle. Nevertheless more or less 10 year after initial cycle the acute phases tend to diminish. The first phase of COS is the prodromal phase, which involves some type of functional deterioration prior to the onset of psychotic symptoms. This can include social withdrawal, isolation, bizarre preoccupations, deteriorating self-care skills, and physical complaints, such as changes in sleeping patterns or appetite. These changes can occur swiftly or the childs abilities may steadily decrease over time (DeCesare, Pellegrino, Yuhasz, 2002). Amount of time during a one-month period: delusions, hallucinations, disorganized speech, grossly disorganized or catatonic behavior, or negative symptoms including flat affect, deficiency of speech, or lack of resolve (American Psychiatric Association [APA], 2000, p. 312). Duration of these symptoms may be shorter if they respond well to treatment. Only one of the aforementioned symptoms is necessary if delusions are bizarre or hallucinations include a voice keeping up a running commentary on the persons behavior or thoughts, or two or more voices conversing with each other (p. 312). In addition, the person must show a deterioration of social, occupational, and self-care functioning. With children this can include the failure to achieve expected levels of interpersonal, academic, or occupational achievement (p. 321). Symptoms must be present for at least 6 months. There is, on average, a 2-year delay between the onset of psychotic symptoms and a diagnosis of COS (DeCesare et al., 20 02). Several studies have been completed examining the suitability of the adult DSM-IV criteria for child and adolescent onset schizophrenia (Hollis, 2000; NIMH, 2001; Schaeffer Ross, 2002). These have found that there is a high degree of consistency between the two disorders in terms of symptoms, anatomical findings, physiological changes, and genetic presentation. One commonly recognized difference between the child- and adult-onset types is that, in children, psychosis develops gradually, without the sudden psychotic break seen in adults (Rapaport, 1997). Also, it should be noted that the poor functioning found in children with COS is more a result of failure to acquire skills rather than deterioration of skills, as is found in adult schizophrenics (Gonthier Lyon, 2004). Late-onset Schizophrenia Just like there is early onset schizophrenia that begins early in childhood, there is also late onset schizophrenia. Late schizophrenia is a range of clear as beginning after the age of 40 or 45. Its accurate occurrence is unclear, but not rare. It seems possible; clinically late-onset schizophrenia is similar to the earlier onset variety except for having a predominance of females affected. Having more schizoid and paranoid delusion and more visual, tactile, and olfactory smell hallucinations, and having fewer negative symptoms or thinking disorders (Torrey, 2001). Symptoms of late schizophrenia are similar to those in early-onset schizophrenia, especially paranoid type. To diagnose LOS, the patient should meet the DSM-III-R (2) criteria for schizophrenia (including duration of at least 6 months), with the additional requirement that the onset of symptoms (including the prodrome) be at or after age 45. The prototypical patient is a middle-aged or elderly person who functioned moderately well through early adulthood (despite some premorbid schizoid or paranoid personality traits) and who exhibits persecutory delusions and auditory hallucinations and shows some improvement in positive symptoms with low-dose neuroleptic therapy, yet has a chronic course (Harris, 2000). Effects of Medication on Cognition in Late-Onset Schizophrenia It can be argued that some of the neuropsychological deficits in schizophrenic patients may be due to the effects of medication. There is evidence that anticholinergic drugs can interfere with cognitive functioning, especially learning and attention (21, 62). Typically, learning impairment is associated with higher anticholinergic dosage or acute change in anticholinergic medication regimen. In terms of the reported effects of neuroleptic drugs on cognitive and psychomotor functions in patients and normal controls, there has been some variability and inconsistency in the literature (34). In general, sedative phenothiazines have been found to depress psychomotor function and sustained attention, but higher cognitive functions are relatively unaffected. In the majority of studies of schizophrenic patients, both cognitive function and attention improved with neuroleptic treatment, in parallel with clinical recovery. In general, the studies of neuropsychological effects of neuroleptic th erapy have not been addressed specifically in older schizophrenic patients. Childhood onset schizophrenia is persistent; it affects all areas of development and functioning. The symptoms vary significantly from one person to another making it difficult to determine what symptoms are core or identifying features. Childhood psychoses such as pervasive developmental disorder is very similar to childhood onset schizophrenia it is difficult to identify the difference between the two disorders because the characteristic overlap this makes it difficult when it comes to diagnosing a child who can be potentially be suffering from one of the two disorders. Conclusion Such a disease, which disorders the senses, perverts the reason and breaks up the passions in wild confusion-which assails man in his essential nature-bring down so much misery on the head of its victims, and is productive of so much social evil-deserves investigation on its own merits, by statistical as well as other methodsà ¢Ã¢â€š ¬Ã‚ ¦. We may discover the causes if insanity, the laws which regulate its course, the circumstances by which it is influenced, and either avert its visitations, or mitigate their severity; perhaps in a later age, save mankind from its inflictions, or if this cannot be, at any rate ensure the sufferers early treatment.