Monday, January 27, 2020
History of the Rule of Law
History of the Rule of Law Law Society Rule The question of the purpose of the rule of law and how the boundaries should be drawn between moral judgement and the need to maintain a basic level of order within a society has been asked, over the centuries, by many eminent theorists from the legal, political and philosophical world. Several different opinions have emerged with varying degrees of agreement, with the concept that the rule of law is the law and we must obey it, regardless of how unjust the rules may appear. Although the exact meaning of the rule of law has been interpreted in different ways by the various different theorists, the very basic principle that the rule of law means that no individual is above the law seems to hold in all interpretations. In England, the prime example of the rule of law is the Magna Carter in which King John agreed to abide by the feudal laws and the placing of limits on fees relating to feudal land. What is the Rule of Law? Before considering whether or not the rule of law consists merely of a body of rules or whether there is more to the way in which the rule of law is applied, it is first necessary to consider exactly what is meant by the ââ¬Ërule of lawââ¬â¢. Dicey was not, in fact, responsible for the birth of the rule of law, but was instrumental in bringing it into the public arena for debate and consideration. He contended that the rule of law was made up of three key principles. Firstly, that an individual has the freedom to act in any way he so wishes without punishment provided it is not in breach of any law. This gives supremacy to the rule of law over any other arbitrary act of power that is not backed in law. Secondly, that no one is above the law meaning that every subject, regardless of stature, can be held accountable to the law and punished in the courts of the land. Thirdly, that the rule of law is based on the collective rights of all individuals. Essentially, this means that the courts will enforce individual rights on a collective basis to all subjects within its jurisdiction. This basic concept has been somewhat extended in recent years, most notably by Lord Bingham in his lecture given on 16 November 2006 to Cambridge University where he put forward eight sub-rules that should be seen as part of the overall rule of law. These were that firstly, the law should be available and understandable to all it governs, based on the premise that if someone is to be governed by a law they should be able to understand it fully. Secondly, that when faced with the decision of liability or accountability, the law should be used without so far as is possible the use of discretion. Thirdly, that the law in the way in which it is applied should be equal and universal to all. He did, however, recognise that at times it would be necessary for some individuals to be treated differently. Fourthly, that any law must provide a basic level of protection for all fundamental human rights, to every subject, regardless of circumstances. Fifthly, where there is a civil dispute that cannot be resolved, the parties should have access to cost effective and efficient means of dealing with the dispute. Sixthly, that all members of government or officers of the government should act in good faith when carrying out their law enforcement duties and should not act outside of their individual powers. Seventhly, that any adjudicative process should be fair and transparent in the way it arrives at decisions. Finally, the state has to consider its obligations to international law when complying with any national rule of law. In essence, the rules laid out by L Bingham are not substantially different from those laid out by Dicey; they are merely more detailed regarding the way in which the laws should be applied. This offers greater guidance on the subject of what an individual should do when faced with a seemingly unjust law. It also gives greater insight into the way in which the rule of law should be viewed, generally, and applied in relation to other political, religious and moral frameworks. Application of the Rule of Law Having understood the basic principles of what the rule of law contains, it is then necessary to move forward to consider how this applies and actually works, in practice, in relation to society as a whole. Again, this area has drawn attention from some of the great legal theorists of all time and has, in some cases, been hotly debated. One of the fundamental ideas laid down by Dicey is that the government has no greater authority in terms of the way in which it is viewed in the courts. The rule of law clearly indicates that the government must have restraints and cannot simply act in any arbitrary way that it pleases. This has been borne out in several court cases including the early case of Entick v Carrington where it was held that the warrant a Home Secretary had issued to enter a privately owned property was against the law and, therefore, the government was guilty of trespass. Theorists from the very early stages have recognised that there is a need for some central rule to control all individuals. Not to have any central law would, almost certainly, result in anarchy. In its earliest format, the need for a rule of law was established by Plato and Aristotle where they recognised the need for at least a degree of rule or there would be complete anarchy within society. Without any form of law or rule the stronger and more cunning would effectively make the most of their position by exploiting the weak. It is almost universally accepted that someone needs to take overall control of a way that maintains democracy and prevents the weak from being exploited. For this central control to work, the power needs to be vested in some political and legislative authority. Aristotle, in particular, recognised the importance of the role of this central figure. He debated at length whether this central control should be the rule of law or rule of men. His eventual conclusion was that a rule of law was necessary and that the central figure had to be in the form of some higher governmental authority. He concluded that a rule of law was essential as laws are produced as a result of reason and thought and not based on pure passion. Moreover, having one individual leader can clearly lead to tyranny or self-serving actions. As the rules need to govern every adult individual, each individual should have a say in how these rules are established. Finally, a rotation of those in charge of the rule of law is desirable to ensure equality throughout. For these reasons, Aristotle concluded that a rule of law, operated in a democratic manner, is essential to ensure that rules are consistent and not arbitrary in the way they are both established and maintained. Encroachment on the Rule of Law Despite the universal recognition that the rule of law is both desirable and essential for the effective operation and governance of society, there have been several encroachments on the traditional rule of law. There is a body of thought that suggests the government has made several moves to encroach on the individualââ¬â¢s liberties. One of the most notable of these is the removal of the right to a trial by jury in certain limited circumstances. In doing so, it is argued that the equality and fairness of the system is lost. Individuals are not judged by their peers but are instead dictated to by a higher authority. Another area that has faced criticism is the way in which the secret service operates and, in particular, the Official Secrets Act and related gagging orders that have been put on certain individuals. Clive Ponting, who was a civil servant during the Falklands War, was gagged and prevented from speaking about the activities of the government, during this time. It is argued that this encroachment on individual liberties, to the extent that it is necessary to protect the greater good, should not be seen as a breaking of the overall essence of the rule of law. Although these governmental powers are seen as overpowering the individualââ¬â¢s rights, it is also argued that these encroachments would not in the normal course of daily activities come into contact with these encroachments. Similarly, it is also argued that governmental bodies such as the secret services are overseen by independent bodies and, therefore, are not able to act in a way that is arbitrary or discriminatory. Based on this, it can be concluded that whilst the rule of law is sometimes bent to accommodate the needs of the public as a whole, it cannot be carried out in an arbitrary way. Further, there are checks and balances in place to make sure that no single body exercises too much power over another. The Role of Customs One element of the rule of law which has to be considered when determining how the rules are established and how general customs should be dealt with in the creation of such laws is that of customary practice. This is particularly difficult as customs vary depending on regions, religions and even social classes and are therefore very difficult to control or legislate to take account of. Nevertheless, it should be noted that customs do not create laws, as such; they are simply used by judges when applying the law, which can at times result in an arbitrary application of customs in relation to the rule of law. In order to be recognised as a law, a custom must meet very stringent tests including the fact that it must have existed since ââ¬Ëtime immemorialââ¬â¢, i.e. it must have been in existence since at least 1189 (in accordance with a statute enacted in 1275). The custom must also be certain in terms of scope and application. The case of Wilson v Willes held the customary right to remove as much turf as was necessary from the manor common land. It was held that this custom was not sufficiently certain to be considered a valid law, as it was not clear what limits there were on the amount of turf. Other requirements include the locality of the custom as customs are only ever applied on a local and not national basis. They must have been consistently exercised and exercised as a right rather than an irregular whim. In short, the recognition of a custom as a legal rule is only applied in extreme circumstances and provided that it does not conflict with an existing law. The Role of Morality As established as early on as Aristotleââ¬â¢s works, the rule of man or general morality cannot be relied upon to provide the basis of legal structure for all individuals. Everyone has a different idea of what constitutes moral behaviour; to allow every individual to follow their own moral code would result in chaos and disorder. Whilst everyone has their own moral standards, most individuals recognise that there is a need for universal laws, even if they do not always fall in line with their own moral judgments. The difficulty comes when there is no apparent overall benefit to the law in question. For example, where the act does not harm another and there is seemingly no common purpose then, under the rule of law, there should be no law preventing such actions. This has been the case with homosexuality which is now not considered to be illegal. There are other activities that are thought of as illegal but not immoral, by some at least, such as driving over the speed limit, smoking marijuana or filing a false tax return. It is clear that although law and morality are interlinked, they are not directly and inextricably thought of as one. Despite this, individuals, on the whole will recognise that there is a need for a legal system and will consider it moral to follow these rules even if they do not fully agree with them. Are Unjust Laws, Laws at all? This differentiation between law and morality leads us to consider the ultimate question of whether the rule of law requires individuals to follow the law, even if it is manifestly unjust. Are individuals in fact obliged not to obey rules that they see as unjust as stated by Martin Luther King when he wrote from his jail cell in Birmingham, Alabama, stating ââ¬Ëone has a moral responsibility to disobey unjust lawsââ¬â¢? Where an individual is governed by the rule of law but decides to break one of these laws as he views them as unjust, provided he accepts the resulting responsibility it can be said that he maintains his adherence to the rule of law. The rule of law states that he should be dealt with fairly and expediently and, therefore, spans a much greater remit than simply setting down the laws that must be followed. As stated by Dworkin, simply because the rule seems to be unjust does not give any individual the right to believe that it is a law at all. It does, however, give individuals the right to be dealt with fairly if they choose not to follow such a rule. Conclusions The rule of law is an essential part of any democratic society. A central set of rules that everyone must follow is required to prevent arbitrary rule and, ultimately, total anarchy. Having said this, the rule of law does not simply lay down a set of rules and apply them tyrannically. The rule of law has a much wider scope and considers how the laws should be applied and adapted to deal with societal changes and local customs. It is this overall framework of rules tainted with a degree of political and judicial discretion that makes the rule of law an ongoing success in dealing with the vagaries of human nature. Bibliography Aristotle, Ethics Book V, in K.S. Chukkol, ââ¬ËEnforcement of Judgements Against Public Officers and the Institutions and the Rule of Lawââ¬â¢, in Ayua (ed.), Law, Justice and the Nigerian Society (NIALS, Lagos 1995) p. 61 David Brink, ââ¬ËLegal Positivism and Natural Law Reconsideredââ¬â¢ (1985) The Monist 68 364ââ¬â387 Ronald Dworkin, Taking Rights Seriously (paperback ed., Harvard University Press, Cambridge, Mass. 1978) John Finnis, Natural Law and Natural Rights (Clarendon Press, Oxford 1980) Lon Fuller, The Morality of Law (revised ed., Yale University Press, New Haven London 1969) Robert George (ed.), Natural Law Theory: Contemporary Essays (Clarendon Press, Oxford 1992) Matthew Kramer, ââ¬ËOn the Moral Status of the Rule of Lawââ¬â¢ (2004) Cambridge Law Journal 63: 65
Sunday, January 19, 2020
New System Proposal Essay
I feel that a business requirement would drive the projects creation and use because this will help the company, business, or organization deliver to provide value. There are many ways such has products, systems, software, and processes are the ways how to deliver or meet the business requirement. First you would need to set some goals for the business, company, or organization these needs need to be visualiable to the eye. So everyone can see them. Secondly you would need to come up with some proposals on how the company, business, or organization will meet the goal that they have set. You and the team should set an agenda to work on so you and the team can have the proper documentation for the goals that you have made for the business, company, or organization. Always notify the proper people about the goals that you set , that way no one can say that they did not know about the goals.Always leave room for feedback from others in your requirements and a flowchart that will be good to have to present along with the requirements, People get a better understanding of what is being said if they have something to look at, this will show what is expected and what have been achieve. But always keep in mind that different projects requirement call for different requirements example small projects are usually simple and easy to create, large projects may need extra care and mastery to be able to present a quality requirement.There are four prerequisites the first is the project charter and second is the current environment assessment which should include a start and end point, level two and three process functions, define areas of rework and non value added steps, cycle time capacity and rework information for each process step as available and baseline for each CTO for the current environment. Third is the measure phrase the the current measures that includes a definition of how the product services characteric is to be quantified target/nominal is the aim of the ser vices specification limits is what the customer will allow in the delivery of services or product of service. Allowable defect rate is how often a service or product will be produce for a business, company, or organazation. Fourth is the target environment assessment that has the following categories people, systems, systems/people and fishbone. The business requirement can be a success or a failure for your business, company, or organization that depends on how work to succeed with the goals that you made in order for your business, company, or organization . Who makes goals and not strive for success. Reference en.wikipedia.org/wiki/ Business-requirement. docs.oracle.com/cd/E19199-01/817-5759/bus-analysis.html.
Saturday, January 11, 2020
Looking Glass Self Essay
Good observation!!! What is acceptable in one group is not always acceptable in another. Therefore, you change your appearance based on what you what others to think about you. The othersââ¬â¢ perceived judgment about your style makes you change your style depending upon the group. Directions: Answer the Pre-Reading questions using Chapter 5 Section 2 Guided Reading Notes. When finished, read the article The Looking Glass Self: Who Holds Our Reflections. Read the short article and answer the Guided Reading questions. Finally, write a response to the journal activity. Pre-Reading: 1. According to Charles Horton Cooley, how do people develop their personality? People develop their personality by imaging how people see self. 2. What are the steps in this process? Looking-Glass Selfâ⬠¦ how we appear to others, otherââ¬â¢ reactions toward you and finally you have to conceder such perspective from otherââ¬â¢ The Looking Glass Self; Who Holds Our Reflections? An interesting discussion is about the theory of the Looking Glass Self by Charles Horton Cooley. Cooley thought that an individual and society do not exist separately, but rather the individual is the product society and society is the product of the individual. There are three parts to the concept; how a person thinks the other(s) perceives him, how the person thinks the other(s) judges that perception, and the reaction of the person to the assumed perceptions and judgments. I can imagine what a group of diverse people sitting around discussing this may argue, both for and against the theory. What a lively debate it could be, mixing young and old, liberal and conservative, and experienced and inexperienced into the same group. Ah, how many of those individuals, I wonder, would have dressed to convey an image to the others, would speak in certain manners in order to impress or distress, or would consider what the importance of their statements would have upon the other group members? At first, the theory seems to explain that each person is no more than a reflection of society. More realistically, the theory means we are products of our cultures, our physical surroundings, and the human beings with whom we associate. Generally, I think it can be agreed, most people want to fit into society in some manner. And to fit in means to obey some of the rules of the group to which we belong, or want to belong. Considering everyone wants to fit in somewhere, people we surround ourselves with have a great influence on who we become. The type of people that we associate with differs through the various stages of our lives; the drinking buddies we may have had in our early twenties may not be the same people we want as godparents for our children. The people from Church are probably not the people we would invite to a bachelor party. And so, as we grow older, what type of people should we associate with? What reflections of ourselves do we want to nurture? It depends on how each of us view the process of aging, what and when is ââ¬Å"old ageâ⬠to each of us, do we plan to ââ¬Å"go gently into the nightâ⬠or will we remain active in and throughout the middle and latter stages of life, just as we did in our physical youth? There are no wrong answers, merely different ways for different people. Simply being aware of the influences others have on us is important. In that way, we can more actively choose those from whom we are reflected, and be mindful of how we react to others, as reflections of who they are. Guided Reading 1. What are three examples given of step one at the end of the second paragraph? Or, how do people project their image to be judged? Dress up to convey others image, speak in certain way and what is the importance of their statement. 2. How do we become members of a group? We should adapt the social member. 3. While our surroundings shape us, what choice do we have as individuals upon our personality development? We can choice people or group that we should be affected by. For example, if I want to be healthy, I should not hang out with people who drink alcohols. Post-Reading Journal Response: Below explain a personal example about a time in your life where you experienced the Looking Glass Self. What was your imagined appearance? What were peopleââ¬â¢s reactions? How did the perceived reactions make you feel about yourself? I have two nationalities when I was born because my parents are Japanese (my father) and Thai (my mother). That means I have international family, so that I have more opportunities to interact among different nationality. When I dress up or set my hairstyle like Japanese which I think very cool style, my Thai relative, such as grandpa and grandma, looks me strangely because they does know Japanese style. It is not just only my relative but also my friends sometimes. Since there are different perspective between Japanese and Thai, I have to adapt my looks due to who I meet.
Friday, January 3, 2020
Thursday, December 26, 2019
Fallacy Essays - 811 Words
Fallacy three logical fallacies that are used in this paper are Post Hoc Ergo Propter Hoc, Far-Fetched Hypothesis, and False Dilemma. What is a fallacy? A fallacy is viewed as an error in reasoning. To be more exact, a fallacy is an argument in which the premises given for the conclusion do not provide the needed degree of support. A logical fallacy is an error in logical argument which is independent of the truth of the premises. When there is a fallacy in an argument it is said to be invalid. The presence of a logical fallacy in an argument does not necessarily imply anything about the arguments premises or its conclusion. Both may actually be true, but the argument is still invalid because the conclusion does not follow. Postâ⬠¦show more contentâ⬠¦The second fallacy in the paper is Far-Fetched Hypothesis. This is a fallacy of inductive reasoning that is committed when we accept a particular hypothesis when a more acceptable hypothesis, or one more strongly based in fact, is available. Doing my research I found that ads from newspapers, television, and magazines are notorious for using the fallacy of Far-Fetched Hypothesis. The ad I am using for an example is about Nite Trim. It states is a revolutionary new breakthrough in natural science allows your body to melt off the excess weight while you sleep.ââ¬âand for a limited time you can try it FREE!! Never before has weight loss been achievable through a product so healthy, safe, and effective during SLEEP! The combination of ALL-NATURAL, STIMULANT-FREE ingredients in NiteTrim have made the dream of losing fat reachable. Our research and passion for helping people lose weight has paid off for doctors and their patients for years, now its your turn! For the first time, natural ingredients can be as strong as pharmaceuticalsâ⬠¦and with NiteTrim you avoid the negative side effects, bothersome prescriptions and high prices! The ad for Nite Trim uses Emotional Appeal and Far-Fetched Hypothesis to persuade the reader to use the product. First they show a picture of a thin beautiful young lady in a bathing suit. The statement from the picture is saying this product will make you look likeShow MoreRelatedFallacies And Fallacies Of Fallacies1006 Words à |à 5 PagesWade brueggeman Professor Mcginty English 1301 9 July 2015 Logical Fallacies Have you ever wondered if something is actually making you genuinely laugh or if it is just always laughed at so you feel like you must laugh at at? Sometimes people are so accustomed to the things around them that they are just going through the motions. Now fallacies are common errors within reasoning that will ruin the logic of your argument. They can be either illegitimate arguments or irrelevant points, and are oftenRead MoreFallacies : A Logical Fallacy1741 Words à |à 7 PagesA logical fallacy is false or misinforming opinions that prove nothing. At times fallacies seem to be sound, and often have lots of persuasive control, even after itââ¬â¢s undoubtedly exposed as being untrue. Fallacies are not always deliberate, still yet we find them all over the place, like commercials for an example. Though there are several logical fallacies, four logical fallacies generally found in advertising are amphiboly, appeal to authority, appeal to emotion, and non sequitur (logic). Fall aciesRead MoreFallacy Paper991 Words à |à 4 PagesFallacies are committed in every state, in every city and in every neighborhood. No race or gender is impervious to committing a fallacy. So, what is a fallacy? Patrick J. Hurley defines a fallacy as, ââ¬Å"A defect in an argument that consists in something other than false premises alone.â⬠These defects result in misconception in an argument. Many times they are accidental, other times they are committed on purpose. However, either way, fallacies can be very persuasive to the casual reader or listenerRead MoreFallacies Essay997 Words à |à 4 PagesFallacies A fallacy is defined as a kind of error in reasoning. They can be persuasive and be created both unintentionally and intentionally in order to deceive others from the truth. Fallacies often indicate a false belief or cause of a false belief (dowden, 2006). An argument or situation commits a fallacy when the reasons offered do not support the conclusion. This defeats the purpose of the argument since its point is to give reason to support the conclusion. Fallacies affect the outcome ofRead MoreFallacies in Advertising991 Words à |à 4 PagesFallacies in Advertising According to Bassham et al. (2002), a logical fallacy is ââ¬Å"an argument that contains a mistake in reasoningâ⬠(p. 140). There are two types of logical fallacies, fallacies of relevance, and fallacies of insufficient evidence. Fallacies of relevance happen when the premises are not logically relevant to the conclusion. Fallacies of insufficient evidence occur when the premises do not provide sufficient evidence to support the conclusion. Though there are several logical fallaciesRead MoreInformal Fallacies Of An Informal Fallacy912 Words à |à 4 Pagescommercials is called informal fallacies. The purpose of an informal fallacy can be to enact reactions from the audience, used to discredit a person or lastly appeal to a certain outlook. They mainly lack the validity in order to prove their argument. The media provides us with many scenarios using different forms of informal fallacies. I will provide three notable examples of informal fallacies by explaining the type of fal lacy and why the media used this fallacy. To start off, I should first differentiateRead More Fallacies Essay1313 Words à |à 6 PagesFallacies The use of critical thinking requires one to understand how to comprehend an argument. Part of this comprehension includes the ability to recognize a logical fallacy in an argument. The understanding of logical fallacies will help one become a better critical thinker by enabling them to break apart an argument from an opponent and debate the argument by pointing out the flaws. In this paper I will be discussing the Straw Man fallacy, the Red Herring Fallacy, and the Weak Analogy fallacyRead MoreThe Theory Of A Fallacy Essay1313 Words à |à 6 PagesIntroduction There exist common errors, which usually undermine the logic of oneââ¬â¢s position in an argument, known as fallacies. A fallacy can either be an irrelevant point or an illegitimate argument or interpretation, normally identified due to failure to present adequate evidence that support the position or claims made, as well as lack logical validity. Each argument that is presented has it premises, or the set of reasons or evidence that supports the claim, organized in the correct mannerRead MoreThe Logical Fallacies875 Words à |à 4 PagesWhat are logical fallacies, evidence, and error in misconceptions? The report will identify nine logical fallacies. If all evidence in an argument appears to be true, still the disputation may be invalid if the logic utilized is not sanctioned (ââ¬Å"Logical Fallacies,â⬠2014). Another name for it is called logical error, in philosophy. There are many fallacies to be aware of when making a sound argument. The nine logical fallacies are Mer e assertion/Circular reasoning/Ad hominem, Red herring/Pseudo-questions/FalseRead MoreLogical Fallacies. Logical Fallacies Can Be Found In Many1288 Words à |à 6 PagesLogical Fallacies Logical Fallacies can be found in many forms of persuasions, in infomercials, political debates, common discussion, everywhere. Although Logical Fallacies are very common, they mar our arguments and should be avoided. In order to avoid them we must first learn to recognize them. To fully understand Logical Fallacies, we will look at the definition of Logical Fallacies, some examples of Logical Fallacies, classifications of Logical Fallacies, and finally why we should, and how we
Tuesday, December 17, 2019
Feminism In The Awakening - 2069 Words
Though it was uncommon during the 1800ââ¬â¢s, some women didnââ¬â¢t want to assume the traditional role of a typical Victorian lady. Such is the case in Kate Chopin s The Awakening; she introduces us to Edna Pontellier a mother and wife during the said era. Throughout the story, we follow Edna s journey of self-discovery and self-expression through emotions, art, and sex thanks to the help of people she meets along the way. Chopin decides to end the book with Ednaââ¬â¢s suicide in an attempt to convey a sense of liberation from her repressed life, but was the reasoning behind her suicide what everyone else thinks? Consequently, this said journey took me along for the ride, and I had no complaints. As Edna figured out who she was, I felt as if I wasâ⬠¦show more contentâ⬠¦The Awakeningââ¬â¢s protagonist is Edna Pontellier; She is a twenty-eight years old mother of two. Consequently, her appearance is slight that of what a mother should look like, she possesses quick and bright eyes, which compliment her thick, wavy, yellowish brown hair (9); While Edna s physique is poise and movement (27). Despite this, Edna does not want to assume the role of a mother; Edna wants to be free from social assumptions of what a lady and even mother should be during the 1800ââ¬â¢s. Independence is her goal, and she is not letting anything, or anyone gets in her way. This is why she has an affair with Robert Lebrun. Edna is symbolized in the story through multiple birds, which in the end tell a story in and of itself Leonce Pontellier, the husband of Edna, is the story s antagonist. He is materialistic, due to him being a wealthy businessman, and also forty years old. His high status came at a cost; he is very concerned with appearance and how others view him.The way to become rich is to make money, my dear Edna, not to save it, he said. He regretted that she did not feel inclined to go with him and select new fixtures. He kissed her goodbye, and told her she was not looking well and must take care of herself. She was unusually pale and very quietâ⬠(18). He also treats Edna as mere property You are burnt beyond recognition, he added, looking at his wife as oneShow MoreRelatedFeminism In The Awakening1562 Words à |à 7 Pagesissue of feminism, it is a sensitive topic that must be inclusive of all genders. The modern term of ââ¬Ëfeminismââ¬â¢ is defined as giving both men and women the same rights and privileges as each other. Basic human rights would give others the notion that this is how all humans should have been treated from the beginning. However, this is far from the truth. Books like The Awakening, give us an inside look at how women were treated around 100 years ago. When Kate Chopin wrote The Awakening, she createdRead MoreFeminism; the Awakening868 Words à |à 4 PagesThe Emergence of Feminism In the 19th century women were supposed live by concept of Republican Motherhood. Republican Motherhood is the idea that American women had a few main roles, to stay in their homes, to train their children to be good American citizens and to follow the demands of their husbands. This reinforced the idea of that a domestic womens life should be separate from the public world of men. Feminism is a collection of movements aimed at defining, establishing, and defending equalRead MoreFeminism In The Awakening1329 Words à |à 6 PagesThough it was not common during the 1800ââ¬â¢s, some women did not want to assume the traditional role of a typical Victorian lady. In Kate Chopin s The Awakening, this is just the case; she introduces us to Edna Pontellier a mother and wife during the said era. Throughout the story, we follow Edna s journey of self-discovery and self-expression through emotions, art, and sex thanks to the help of people she meets along the way. Chopin decides to end the book with Ednaââ¬â¢s suicide to try to convey aRead MoreFeminism In The Awakening1193 Words à |à 5 PagesTHE AWAKENING LAP TOPIC #3- EXPLORE HOW EACH MAN IN EDNAââ¬â¢S LIFE ATTEMPTED TO CONTROL AND/OR REPRESS HER EXISTENCE.. NICHOLE NARINEBRIJBASI In the time era of the 1800s, women were regarded as the weaker sex to society. Gender equality wasnââ¬â¢t the focal point of society as yet, leading to the oppressive mindsets of women. Men were viewed as ââ¬Å"superiorâ⬠because of their masculinity and righteousness that society had implanted into our view of socialRead MoreFeminism In The Awakening1506 Words à |à 7 PagesThe Awakening LAP Topic 1 By: Lourdes Rivera AP Literature Mr. Amoroso Rivera 1 Courageous, brave, and valiant are all characteristics that are necessary for one to possess in order to be heroic. The actions an individual takes dictates the kind of person they are and the actions of a hero reflect these characteristics. If the world is against a group of people, it takes a heroic person to break away from the oppression set to hold them down. Women have faced tremendous oppression from the ideologyRead MoreThe Awakening Feminism Essay1262 Words à |à 6 PagesAfter reading The Awakening, by Kate Chopin, I believe the text is feminist. Whether Kate Chopin was deliberately writing for early feminists or not, the book has many early feminist ideas and it is shown through the main characters awakening by being eccentric. The author uses Edna Pontellier as an anti-conventional woman, breaking societal laws that govern her life, in search for individuality in a society that represses her. From a readerââ¬â¢s perspective in the early 1900ââ¬â¢s, Edna would be a mentallyRead MoreThe Awakening Feminism Essay1689 Words à |à 7 PagesComing into the nineteenth century, women were looked at as feminist. ââ¬Å"Feminism,â⬠as we know the term today, was nonexistent in nineteenth-century America (Cruea 187). Feminist describes as someone embracing the beliefs that all people are entitled to freedom and liberty within reason. Gender, sexu al orientations, skin color, ethnicity, religion, culture or lifestyle should not be considered as a form of discrimination. Women roles, in the nineteenth century, were to take care of the cooking, cleaningRead MoreEssay about Feminism in The Awakening986 Words à |à 4 PagesIn the novel The Awakening, by Kate Chopin the critical approach feminism is a major aspect of the novel. According to dictionary.reference.com the word feminism means, ââ¬Å"The doctrine advocating social, political, and all other rights of women equal to those of men.â⬠The Awakening takes place during the late eighteen hundreds to early nineteen hundreds, in New Orleans. The novel is about Edna Pontellier and her family on a summer vacation. Edna, who is a wife and mother, is inferior to her husbandRead MoreThe Rise Of Feminism In The Awakening By Kate Chopin711 Words à |à 3 PagesFeminism is the liberation of women and their rights as human beings. The feminism that we see today started in 1960s , but the issue began way before the 1960s. In the 1890s, Kate Chopin wrote a novella called The Awakening to tell the story of the rise of feminism within a character named Edna. In The Awakening, Kate Chopin creates feminism before itââ¬â¢s time by using Ednaââ¬â¢s attitude toward her lovers, the freeness of the scenery, and her motherly attitude. These traits that Edna possesses are extremelyRead MoreAnalysis Of Proto-Feminism In The Awakening By Kate Chopin838 Words à |à 4 PagesProto-Feminism is defined as a philosophical idea in which feminism existed in a time period it was expected to be unknown. Before the 20th century, womenââ¬â¢s liberation was not a familiar concept to society, however a great variety of literature from this time period displayed how women defended themselves for the independence and freedom they lacked. Along with the many novels written in this time period, The Awakening written by Kate Chopin in 1899 justifies this philosophy. Edna Pontell ier, the
Monday, December 9, 2019
Article Appraisal for Critical Appraisal Program - myassignmenthelp
Question: Write about theArticle Appraisal for Critical Appraisal Program. Answer: Introduction There is an increasing volume of published research accessible to health professionals. With ever changing developments and new evidence it is also important to have strategies to access and interpret this material so that you can provide the best care to your patients. To ensure you that you can safely use evidence to influence your clinical decision making, you need to have skills in assessing the quality and relevance of the research you find, these skills are described as critical appraisal.The tool that would be used in the study is called CASP or the Critical Appraisal Skills program tool. The paper selected is by author Hiscock et al. (2014) namely Preventing Early Infant Sleep and Crying Problems and Postnatal Depression: A Randomized Trial. Background: Modern day parents are complaining about their incapability to handle their infants well. They state that they are often unable to understand the reason of their babies crying and therefore feel helpless about how to make the baby calm (Kettunen, Koistinen Hintikka, 2014). Such activities make them spend sleepless nights where they wake up in a tired state and feel physically weak. Often such symptoms are often making them depressed and hence they are not being able to provide as much care to the baby as they should get (Gorman, 2017). Moreover, the babies are having sleepless nights when they frequently wake up and cry, have day sleeps and cry a lot (DeChowdhury et al., 2014). Hence, interventions for the betterment of health for both the parents and the babies are extremely necessary. Pico question: population intervention comparison outcome Time Parents of new born who undergo interventions Proper trainings about handling babies, information about their crying patterns, reasons of crying, and similar others Control group Results in lessening of babies lack of sleep at night (primary outcome), reduction in crying and ay time sleep. Results in lessening depression and stress and anxiety among parents or caregivers. Within 4 to 6 months of the new born Pico question: Do Parents who are properly trained about different information about sleeping and crying pattern for babies as well as get support and undertake discussion about sleeping and crying issues of babies suffer from less depression, stress and anxiety than parents who do not get the intervention in the first four to six months? In order to appraise the article CASP tool is used as follows: The first criteria that the article needs to fulfil is the question that whether the article is addressing a clearly focused issue (Nadelson Nadelson, 2014) . These criteria were correctly fulfilled as the researchers have rightly chosen the participants and have mentioned their process of choosing such participants clearly. They have given a proper diagram of the choosing procedure of the participant making it easier for the reader to develop an understanding if the participants at a glance. The trail consisted of consulting caregivers for 781 infants who were born at 32 weeks or local in 42 child centres over Melbourne, Australia. The interventions were also rightly discussed. They included the supply of information about normal infant sleep and their crying patterns, medical causes of crying, and information about parent self care within a DVD which was handed to caregivers and also via booklet. They also discussed how they changed the mode of information with gradual passing of w eeks like form booklets to telephone conversation to discussion of parents group and child care group. In case of the comparator, one can suggest that such interventions neither were nor provided to the control group and they were only assisted b y regular support of nurses which were only provided through MCH service. Outcomes were also thoroughly discussed in the form of infant measures with the help of likert scale where the caregivers provided answers to close ended to measure severity of each issues and also completed a 72 hour infant behaviour questions diary. The outcome was also measured for caregiver measures with help of Edinburgh Postnatal Depression Scale (EPDS), Pittsburgh Sleep Quality Index which was measured by 4 subscales of the MCISQ which helped them to reach to a definite conclusion about the effectivity of the interventions. The second criterion that was to be analysed is whether the participants who were assigned to the interventions properly randomised. The second criterion was also properly conducted by the researchers. This is said so because the researchers have discussed the details of how caregivers were invited participant allotment in details. The participants were caregivers who were cared by the MCH services from over 4 government hospitals. They had mailed the participants entire information statements, their consent forms and baseline questionnaires to those who were interested. Those families who expressed their interest in written informed consent and completed questionnaire were only considered for the research. Randomisation was done for the families to either the control group or the intervention group by computer generated random sequencing which were actually created by independent statistician. The randomisation was also stratified by the reference of the nurses MCH centre. Both the research ream and the families were properly blinded before allocation after which it was not possible to carry so. This was not possible as the method of providing intervention could not be carried on in the blindfolded manner and therefore the intervention group people were e aware of the fact that they were of the particular intervention group. The third criteria that needs to be fulfilled by a proper RCT paper is that whether the participants who entered the trial were properly accounted for at its conclusion. The step was also maintained properly by the researchers. The intervention group were properly guided and the application of the intervention was correctly carried on. After the provision of the resources and the information to the intervention groups at the interval of four weeks firstly by booklet and DVD at fourth week, telephonic conversation up to 8th week and parental discussion at 12 week, assessments were made about their affectivity by closed questionnaire surveys that yielded statistical results. Therefore the trial was not stopped but carried on successfully. Moreover the participants in the two groups were rightly handled and analysed with correct statistical analysis so that the results obtained of the two groups can be found out and the differences in their result was also pointed out clearly. The outco mes were analysed and the results for both the groups were mentioned and there was no discrepancy found from the work of the researchers. The fourth criterion that needs to be governed properly is whether the participants, health care and the study personnel were blinded for the treatment. In the case study, it has been clearly described how randomisation was conducted of the participants into two groups: one being the control group and the other the intervention group with the help of computer generated random sequence. Through the entire procedure starting from the time of taking of the consent as well as up to the time of allocation of the participants to the different groups, both the researchers as well as the participants were blinded. However, the blinding could not be conducted during the time of intervention as the nature of the intervention which was selected could not support the blinding procedure. Here the intervention group had to go through the resources, have telephonic conversation and meeting thereafter. Hence, it was evident for them to understand that they were the intervention group and therefore b linding could not be done. The fifth criterion that any reader should try to judge from the paper is to look for that the groups were similar at the start of the trials or not. The participants who were selected were visitors of the government hospitals whose infants were about 7 days old or older than that. No discrimination was made and no characteristics or features were selected by the researchers. The age of the primary caregivers like the mothers were seen with mean age of 33 and infant mean age was 4. Some of the excluding criteria taken into consideration were parents who could not speak English or whose babies were born before 32 weeks gestation or with a serious health issue. Other than this, no specific factors like sex were utilised. Other than this, no other factors were determined to be present in the participants irrespective of the control and intervention groups. The sixth criterion that needs to be assessed is that whether other than the experimental intervention, the groups were treated equally of not. In the paper, it is seen that the researchers have mentioned very less about the control groups and were discussing more about the intervention groups. However, other than the application of the intervention, no other special benefits or treatment were provided by the researchers. The nurses of the MHC were seen to be equally attending all the participants irrespective of the control as well as the intervention groups showing that no extra preferences were given to the intervention group and therefore any sort of doubts on the researchers biasness could not be captured. The seventh criteria which is one of the most important criteria that the reader needs to assess is that how large was the treatment effect. In that case, one must first try to understand the outcomes that were measured. The infant measures in the paper were measured mainly by the postal survey which was conducted at 4 to 6 months of age. The primary outcomes that the researchers wanted to measure were the effect of the interventions ion the infants night time sleep problem. The other outcomes they wanted to measure were that the whether the infants had day time sleeping habits, crying and feeding issues. These were mostly known by the 72 hour infant behaviour diary for measuring sleeping, feeding and crying and it was complete with the help of likert scale to analyse whether the rate of severity of the issues. The caregiver outcomes were mainly measured with the help of post natal depression scale with score values greater than 8 indicative of the postnatal depression in the caregiv ers. The sleep quality and quantity of them were measured by 2 items taken from Pittsburgh Sleep Quality Index. Caregiver cognitions about infant sleep were measured by 4 subdivisions scales of MCISQ. Reports by the caregivers were given in the number of visits they made o the health care centres, usefulness of the intervention and also ion their breastfeeding duration as well as their changing of the infants formal. When the follow up was conducted at the 4 month interval, no differences were found between the reports made by the caregivers in the domains of infant sleeping, crying as well as feeding problems. However, an interesting feature was seen that infants in the intervention groups who were frequently fed had 87% lower odds of having daytime sleep and 75% of lower crying issues than the control group. However night time sleep reports of the infants were similar in both the groups at the end of the 4 month follow up. However at six months, differences due to being frequent f eeders were not seen. In case of the caregiver outcomes, it was seen that there were no differences in their reports of depression at 4 month study. However, in the 6 month study, intervention group caregivers showed less chances of developing depression than the control groups. The former also showed fewer doubts in their ability to manage their infants sleep at both the tome points. Moreover, it was also seen that after 6 months, intervention groups had to spend less than 20 minutes for managing their infant in the night. They also had less concern regarding infant death, did not have to change formula in comparison to that of the control groups. Therefore it helped to see that the caregivers were indeed benefited from the interventions. However, the results regarding the primary outcomes were not clearly mentioned as it should have been that is sleep problem reduction of the infants at night were not clearly stated and had been clubbed with the effect of frequent feeders stating that they helped to handle days keep issues and crying issues. Nigh time sleep problems which was the primary outcome was analysed to be similar in both groups The next criterion in consideration for appraising the given article is that whether the estimate of the treatment effect was precise or not. The estimates that were made were much precise and were at 95% confidence limits which make the article valuable to be applied in the evidence based studies in the nursing profession. All the confidence limits in each if the statistical analysis of the outcomes were clearly depicted and there was not scope of the researchers to use nay hypothetical statements. Hence the estimates of the treatment effects are indeed found to be quite precise. The ninth criterion that a paper needs to fulfil properly in order to be considered as valuable for different evident based researchers or even by others to gain information in the domain is that whether the results which were obtained from the researchers were valuable or not. This paper really scores well in this criterion as the interventions can be definitely applied to the participants in any scenario. There are indeed large numbers of newly formed parents who come up with issues of depression, sleeplessness, frustration, lack of skills to maintain a baby. There are many parents who even complain of the babies crying at night disrupting their sleep which becomes strenuous for them. The babies tend to cry, not sleep in the night, falls asleep in the day and many others. This is a genuine issue faced by a large number of parents of newly born. Hence the interventions which are mentioned by the researchers are indeed helpful. However, they are seen to be mostly helpful for babies w ho feed well. They are highly beneficial for the parents as they learn to develop skills of maintaining babies, develop ideas about their crying and sleeping patterns and make them aware of the activities of the babies. Hence, the article is indeed helpful and will be beneficial for nurses in evidence based practices. The tenth criterion that needs to be verified is that whether all the clinically important outcomes considered were not. To these, it must be said, that the research brought out very positive effects in the behaviour of the parents as well as the health condition of the parents also became quite well after the application of the intervention. They showed less symptoms of depression and were also not awake in the night for more than 20 minutes. This reflected that the parents developed themselves with the help of the intervention. However, the primary outcome was not satisfied in the part of infant outcomes. The intervention showed no change in the sleep patterns of the baby in both the groups both in 4 month and 6 month time. Therefore the intervention was partly successful and further researches are required to comment more specifically in the primary outcomes. The eleventh and the last criterion that the reader needs to assess are to know what the implications of the study practice are. It also should clarify that whether the benefits worth any harms and costs. The interventions that were provided were totally harmless and also did not possess any threats to any stakeholders associated with the research. This treatment had no negative short or long term impacts. They are indeed found to be extremely helpful for a large number of parents and they indeed reported positive results with the assessment scales of depression and other. Therefore, the research can be used by young researchers for further carrying out researches to develop the interventions for better outcomes or even for perform the literature revise for their own researches. Young healthcare professionals may also use this as evidence based practices where they will use this intervention for treating parents who come for their advice and how to manage their babies. From the entire appraisal, it is evident that the information provided by the paper is indeed much helpful in educating the modern day parents. The intervention s have made them understand the systematic ways of handling the issues of infant crying, lack of night sleep, day sleep and others. The paper has shown that good feeding babies are the ones who show less symptoms and day sleep when the interventions are applied. Moreover, the parents were less depressed and seemed to develop ideas about how to control their babies. Therefore, indeed the paper was helpful as it helped to give good suggestions about how to maintain the health of the mother and the infant at the same time and therefore a valuable paper in maternal and childcare nursing. References: De Choudhury, M., Counts, S., Horvitz, E. J., Hoff, A. (2014, February). Characterizing and predicting postpartum depression from shared facebook data. InProceedings of the 17th ACM conference on Computer supported cooperative work social computing(pp. 626-638). ACM. Gorman, J. (2017). Postpartum Depression and Opinions on Screening. Hiscock, H., Cook, F., Bayer, J., Le, H. N., Mensah, F., Cann, W., ... St James-Roberts, I. (2014). Preventing early infant sleep and crying problems and postnatal depression: a randomized trial.Pediatrics,133(2), e346-e354. Kettunen, P., Koistinen, E., Hintikka, J. (2014). Is postpartum depression a homogenous disorder: time of onset, severity, symptoms and hopelessness in relation to the course of depression.BMC pregnancy and childbirth,14(1), 402. Nadelson, S., Nadelson, L. S. (2014). Evidence?Based Practice Article Reviews Using CASP Tools: A Method for Teaching EBP.Worldviews on Evidence?Based Nursing,11(5), 344-346.
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