Wednesday, July 31, 2019

Responsibility of the Teacher in Lifelong Learning Sector Essay

What is the role and responsibility of a teacher in the lifelong learning sector? The roles and responsibilities of a teacher in the field of lifelong learning sector that covers all publicly funded post-16 education outside universities are extremely varied and diverse. When examined closely the diverse roles of a teacher, trainer, assessor or tutor, seem to be associated a multitude/body of expectations. Ideally the teacher should have the ability to combine roles and responsibilities in a way, which firstly benefit the pupil, the education system but also the community and ultimately the state and its economy. Teachers in (LLLS) must provide significant assistance in training people, either after completion of compulsory schooling or as first contact with the education system, and thereby contribute to the national effort to remain competitive in the world economy, and thus maintain indirectly the basis of a welfare state. Professionalism is an important and essential feature of the teacher in the field of lifelong learning. This includes responsibilities for example keeping knowledge up to date, CPD, but also diligence and enthusiasm in one’s work as well as probity. Basically one could say that the teacher of lifelong learning supports the efforts not only of those of with post degree levels but also of people who only have come in contact with basic education, to learn, even in old age, to write, to read, to be able to express themselves, think in a structured manner, with the ultimate aim to involve the individual learners in all aspects of economic and social life. In this way it is possible to integrate diverse social elements and structures. This can include understanding about different needs of the Elderly, ethnically diverse groups, various nationalities or religious identities which until recently lived completely separate. This in turn helps individuals to understand and acknowledge differences and thereby ensure the peaceful coexistence of all these people living in the UK. The teacher of lifelong learning supports the expansion of knowledge, not only of people who are aiming for specialized university education, but also of those aiming to further/advance their general and specialist knowledge. In this context it is important to note that currently more students are in Further Education than at university. One in five adults now is studying in FE, 3/4 of the students are 19 years or older. The teacher lifelong learning contributes to the transformation/â€Å"creation† of students aiming for them to become active citizens. As a result this will expend the number of people who work socially and ethically responsible towards those in authority but also amongst individuals. This contributes to the creation of social cohesion. This process also encourages students to actively participate in community issues and thus engages them critically on a wider base on a national level. The students for lifelong learning, with the help of their teachers, become aware of how to effectively engage in public life, acquire appropriate knowledge, develop specific skills, acquiring values, upon which they can build their lives. It is important that teachers of lifelong learning keep up to date within their professional field through continuing professional development, aiming to evolve and develop their own teaching skills. A teacher’s duties involve a multitude of responsibilities. Amongst others, monitoring and reporting their pupils achievements in order to document student’s progress. The tutor is obliged to treat all students in a fair and equal manner, give the opportunity to all students to participate on an equal footing with equal expectation of success, to try to meet the needs of each student, to remain updated with subject development. Tutors must be well prepared, return the control to work at reasonable times Teachers must be aware of both their professional commitments and their personal limits and boundaries, knowing when and whom to recommend students for further support. There are some significant difference between roles and responsibilities amongst teachers for lifelong learning (after compulsory education) and those working at state or public schools. Particularly in light of recent changes that have taken place in the field of lifelong learning which have led an increase in numbers of students who now study at FE colleges, and access to funding (loans to finance their higher education) and resulting increased demand for professional teachers in schools etc. In conclusion, the role and responsibilities of teachers for lifelong learning are summarized as follows: 1. Teachers must be committed to their students and their learning. 2. The teachers know the subject they teach and how to teach this subject to students. 3. Teachers are responsible for managing and monitoring student learning. 4. Teachers think systematically on their practice and learn from experience. 5.The teachers are members of learning communities.

Tuesday, July 30, 2019

Principles and Theories of ethics Essay

In their quest to seek for solutions on ethical issues, human beings have constantly been formulating theories. These theories form an important point from where any investigation should be launched. As people invent new ideas or even improve on the current existing ideas, more challenges and complications come up. This has been observed in the modern world where scientific advancement has seemed to dominate in every field of knowledge. Among these fields of scientific inventions is the medical field which many people have believed to reduce the mortality rate and at the same time increased the life expectancy among many people in the world. Despite all these, fertility rate has seemed to reduce among the people while the terminal illnesses have been rapidly increasing. It is this reason that many doctors and medical practitioners have joined hands to look for long lasting solutions to these problems. Some of these solutions have been unearthed, which include the use of stem cells in treating patients with these problems. This has however raised many questions especially on issues concerning ethical justifications. This paper therefore examines two of such works that were carried out by Dr Shroff and Dr. Kerkis as reported in articles entitled ‘mice have been used to make human sperm’ and ‘Stem cell treatment lets Aussie breathe’ respectively. (http://www. news. com. au/perthnow/story/0,21598,23768047-5012754,00. html ; http://search. news. com. au/search? us=ndmperthnow&sid=5012760&as=NEWS. WORLD. CANDSAMERICA&ac=TST&q=Mice%20to%20replace%20men%20as%20sperm%20donors ) According to Rainbow C, there exist four principles of ethics. These include; least harm, justice beneficence and respect for autonomy. According to the principle to the principle of least harm, it is prudent to make a choice that will harm the least number of people. The choice made should also result to the least harm to the people involved. In the modern world, there are so many men who are willing to have children but unable because their sperms are not viable. According to the research, there is still hope for couples who experience such problems. The use of mice in production of human sperms therefore adheres to the principle of least harm and thus justices the use of mice in production of viable human sperms. The extraction of the dental pulp from teeth is however harmful but there harm is less as compared to the inability of a man to produce viable sperms. (http://www. bio. davidson. edu/people/kabernd/Indep/carainbow/Theories. htm ) The principle of justice on the other hand encourages actions that are fair to the concerned. Such a decision should be consistent and based on logic unless justified otherwise by existence of justified extenuating circumstances. In the case of mice and human sperm cells production, it should be noted that the men are first given the opportunity to try their best to get children in the natural way. Professional medical practitioners who exploit any other alternative of dealing with such a situation confirm their inability. The couples are finally given the chance to choose what is good for them and thus the use of mice is only for those who are willing. This therefore adheres to the principle of justice. Dr Kerkis has also made it clear that she first used stem cells from dental pulp that was extracted from ‘a male donor’. It therefore means that the process is justified by the adhearing to the principle of justice since the consent of the concerned was first sought. (http://www. lancs. ac. uk/fss/resources/ethics/theories. htm ; http://www. trinity. edu/cbrown/intro/ethical_theories. html) According to beneficence principle, people must do all that is seen to be good. Just like the utility principle, it is always advisable to maximize what is good and minimize the evil. It is very true to say that the greater the amounts of good that people do, the more the benefits. According to this principle, production of viable human sperm cells by mice will do well to those who are unable. Apart from improving the psychological health of the concerned, it will also strengthen family bonds that may otherwise be weakened by the inability to get children especially in those communities where children are highly valued as an important ingredient in a happy marriage. (http://www. trinity. edu/cbrown/intro/ethical_theories. html ) According to the principle of respect for autonomy, it is very important to ‘allow people to reign over themselves and to be able to make decisions that apply to their lives ’. This is based on the fact that only an individual can understand why he/she chooses a particular lifestyle. Since every human being must be respected, any decision, especially that which involves intimate issues, must come from him. In order to do so, he must get enough information in the consequences and finally, his consent must be obtained. The reason is because every human being has hisher emotions and motivations that heshe understands from hisher own life experiences. It is the right for every person to lead a life style that he she actually enjoys in which the control over it is vested in hisher decision. It is however important to realize that there exists two perspectives of autonomy respects; paternalists and libertarians views. According to paternalistics, ‘an authority prioritizes a dependent person’s best interests over the dependent person’s wishes’. In the case of mice and human sperms, since the man is aware of his inability to produce viable sperms even though he may wish to have children, he has the freedom to choose to live without them. If he decides so and realizes more satisfaction without the children than using mice to produce viable sperms, he becomes libertarian. When his wife and medical practitioner convinces him to use mice to get children, the principle of autonomy is violated and he becomes a paternalistic since his wish may not be based on the use of mice in producing the viable sperms even though his interest is to get children. Libertarian perspective is therefore observed when the person’s wish is prioritized over hisher best interest. The person maintains hisher autonomy over hisher decision. (Allan J. Kimmel, 1988, pp. 42) In the case of stem cells treatment for the paralyzed man is Australia, the principle of least harm is violated since the extraction of the embryonic stem cells will cost the life of the unborn child irregardless of whether the concerned woman’s consent was given or not. Human life ideally begins after fertilization and it is wrong to deprive the unborn of its right to live in favor of a person who has already had the chance to be born. If such actions were to be encouraged, many people will never live to be born and this will cause more harm than treating the paralyzed people especially if Dr Shroff’s vision is to be realized as expressed by her hopes â€Å"her technology would be made available around the world to patients suffering from incurable diseases and terminal conditions. † Dr Shroff’s technology also contradicts the principle of justice. The fact that there are many incurable diseases and terminal conditions that may be cured using embryonic stem cells does not justify the act of depriving the unborn the right to life. It will therefore be an act of injustice to deprive the unborn of their right to life. The only extenuating circumstance should be when the woman’s pregnancy threatens the life of both the unborn and its mother. The doctor’s advice should be sought and any alternative exploited before the decision to terminate the pregnancy and donate the embryonic stem cells is arrived. It should be realized however that this would result to paternalistic autonomy. Dr Shroff’s technology will also violate the principle of beneficence. This is because the embryo will not benefit in any way from the act of donating its stem cells. The embryo itself cannot give permission to donate the stem cells. The principle of autonomy is not spared either. The patient may enjoy a paternalistic autonomy but the embryo, which is indeed a human being does not have autonomy to decide on whether to donate the stem cells or not . For a person to make any sound decision on any issue, the principles however form the basis of ethical themes. According to rainbow C, there are five major ethical theories. These include virtual ethical theory, deontological theory, casuist theory and utilitarianism ethical theory. (http://www. bio. davidson. edu/people/kabernd/Indep/carainbow/Theories. htm ) According to virtual ethical theory, a person is not judged through his/her actions but through his/her character. An action may not necessary indicate a persons normal behavior since behavior and action are normally conflicting. It is however important to observe an individual’s reputation, motivation and morals while making any judgment on any behavior that may seem to be unusual, irregular or unethical. It should however be observed that any individuals change of character is not put into consideration in this theory. This theory justifies the use of embryonic stem cells in the treatment of paralyzed patients. The assumption is that the doctors and the medical practitioners who actually carry out the process of extracting and injecting the stem cells into his/her victims body are people who are trusted and socially approved by the members of the community. Their character justifies their actions and thus they should not be questioned about what they do as long as a patient’s life is saved. The act of extracting the embryonic stem cells cannot be used to prove the doctor as guilty of murder as long as his/her record of accomplishment in this profession of medicine is clean. According to Rainbow C, the society’s rights are ethically correct and must be protected and prioritized while making any decision. All societies’ rights are ethically valid because the majority in any society endorses them. Those who have the power and resources may bestow rights upon people. The society is therefore responsible for deciding on what should be considered as a society is right. The issue of mice producing viable human sperm cells may not be welcomed by many societies. This is because many people do not think that human beings and animals especially the mice can share sperm cells. A child produced by such sperms may be isolated from the other people and this may cause more suffering and harm to it than good. Termination of human life is also unacceptable in the society. This is evident in countries where Christianity is the dominant religion. If the use of contraceptives is criminalized in such societies, it is even worse to extract embryonic stem cells to treat paralyzed people or even those with terminal illnesses. In such societies, everybody has the right to live and those people who are already born should seek medication incase of any ailment but not to destroy a life in order to save themselves. (http://www. bio. davidson. edu/people/kabernd/Indep/carainbow/Theories. htm ) According to deontological theory, people’s obligation and duties that have been assigned to them should guide them in the process of solving ethical dilemmas. By so doing, the person is believed to have done what was ethically correct. Doctors should help sick people. In this case, sickness refers to any abnormal functioning or dysfunctional of any body organ. Those people who cannot produce viable sperm cells should seek medical attention and the doctors have a duty and obligation to ensure that such people can get children. The theory therefore justifies Dr Kerkis and Dr Shroff’s actions. It is a doctor’s obligation to ensure that all incurable diseases and terminal conditions are adequately dealt with. The casuist ethical theory is based on the assumption that the current dilemma in question can be successfully solved in a similar way to previously solved dilemmas. This theory therefore compares the current ethical problem with past and similar ethical dilemmas that were successfully solved. It therefore justifies Dr Kerkis and Dr Shroff’s actions since their previous works as medical practitioners have been reported to bare good fruits. It however fails to acknowledge that a similar ethical dilemma may not have been witnessed before. (http://www. medscape. com/viewarticle/505222_2 ; http://www. bio. davidson. edu/people/kabernd/Indep/carainbow/Theories. htm ) The utilitarianism ethical theory supports any choice that produces the most benefit to most people. Such a choice is seen to be ethically correct. This theory therefore foresees the outcome of an act and judges it based on the benefits that are likely to accrue. There are two types of utilitarianism. These include act utilitarian and rule utilitarianism. According to rainbow c, â€Å" In act utilitarianism, a person performs the acts that benefit the most people, regardless of personal feelings or the societal constraints such as laws. Rule utilitarianism, however, takes into account the law and is concerned with fairness. A rule utilitarian seeks to benefit the most people but through the fairest and most just means available. Therefore, added benefits of rule utilitarianism are that it values justice and includes beneficence at the same time† (http://www. bio. davidson. edu/people/kabernd/Indep/carainbow/Theories. htm ) Two or more of these ethical theories should be combined in order to make the best ethical decision. For instance, I would solve Dr Kerkis dilemma by applying utilitarianism ethical theory, rights ethical theory and casuist ethical theory. I would also solve Dr Shroff’s ethical dilemma by applying rights ethical theory, utilitarianism ethical theory and virtue ethical theory. (http://courses. cs. vt. edu/~cs3604/lib/Ethics/notes. html ) Conclusion All the ethical theories have common goals that must be achieved for them to be successful. These common goals are the previously discussed ethical principles. It is important to realize that different points are emphasized by the theories that help people to arrive at a decision that is ethically correct. Different people usually use ethical theories in a different way depending on their individual experiences. The theories and principles of ethics lay a good foundation of analyzing actions since they guide people in making ethical decisions. This means that whether Dr Kerkis and/or Dr Shroff are justified or not to proceed with their work or not depends on which principle as well as the ethical theory an individual bases his /her ethical analysis. References Rainbow C, Descriptions of Ethical Theories and Principles, [Retrieved] 8th August, 2008, [From] http://www. bio. davidson. edu/people/kabernd/Indep/carainbow/Theories. htm Lancaster University, Ethical theories [Retrieved] 4th August, 2008. [From] http://www. lancs. ac. uk/fss/resources/ethics/theories. htm Ethical theories compared http://www. trinity. edu/cbrown/intro/ethical_theories. html relations between utilitarian, deontological, and Aristotelian ethical theories Lawrence M. Hinman, Introduction: A Pluralistic Approach to Moral Theory Excerpted from: Lawrence M. Hinman, Contemporary Moral Issues, 2nd ed. (Prentice-Hall, 1999). Ethical theories [Retrieved] 1st August 2008, [From] http://courses. cs. vt. edu/~cs3604/lib/Ethics/notes. html Ethical Theories, Principles, and Decision-Making Models, [Retrieved] 3rd August, 2008 [From] http://www. medscape. com/viewarticle/505222_2 Allan J. Kimmel, 1988, Ethics and Values in Applied Social Research: Ethics and Values in Applied Social Research, SAGE. Stem cell treatment lets Aussie breathe http://www. news. com. au/perthnow/story/0,21598,23768047-5012754,00. html Perth now Sunday times, July 7th, Mice to replace men as sperm donors http://search. news. com. au/search? us=ndmperthnow&sid=5012760&as=NEWS. WORLD. CANDSAMERICA&ac=TST&q=Mice%20to%20replace%20men%20as%20sperm%20donors

Monday, July 29, 2019

Failure of the Arab League

In the wake of any great conflict, states will try and assemble a system that is based on unity and prevention of further conflict, there are several aspects usually addressed, including the economy and the international relations. In the wake of World War 2 the UN assembled to form the new world order (Pinfari, 1. ) In the Middle East, 6 founding members (Egypt, Transjordan, Saudi Arabia, Syria, Lebanon and Iraq) formed the Arab League, an organization founded upon a common sense of Arabism with a goal of Arab unity (Pinfari, 2.) In the wake of the Cold War, Africa found itself at a political disadvantage because of the fragmented politics of the continent, they were at a geographical advantage and wanted to make use of that, so they formed the African Union to address inner-conflicts and the mayhem caused by the remains of colonialism after the Cold War (Dersso, 13-14. ) On the other side of things the European Union formed in the late 1990’s with a different mission in mind when compared to the two aforeabmentioned organizations.The Arab League and the African Union’s missions were more ambitious than those of other political organizations such as the EU and the UN, due to many reasons why this paper will focus on discussing their economy, their judiciary and the effect of pan-Arpabism and a pan-African perspective. When nations group under one banner as is the case in the examples mentioned, the issue of their individual political sovereignty is brought into the foreground as countries value their autonomy.The European Union is more of a â€Å"union† in the judiciary sense than the Arab League: while the Arab League clearly states in its charter that the League has no right to intervene in the internal affairs of a member country unless their overall safety is compromised, this then makes way for dictators like Qaddafi to rule for years in what certain scholars would view as a tyrannical manner.The judiciary of each country is separate from the Arab League which isn’t the case with the EU, whereby the Court of Justice of the European Union has the right to supersede any national court of law (Wallace, 484), by so doing maintaining peace in a more efficient way. How does this make the Arab League’s mission more ambitious, is that they are seeking peace and unity based on a sense of Arabism rather than an effective judicial system (Reiser, 1), and it is ambitious to assume that this will prevail.When discussing the Organization of African Unity (OAU), their mission can also be seen as more ambitious than that of the EU, the OAU’s mission was to establish widespread security and unity between African members of this union through the ideal of â€Å"African Solutions for African problems,† but like the Arab League, their mission contains certain clauses that are emphasized in discourse, yet not much is done to re-enforce them (Dersso, 13), and often the governments of individual states will do as they please, as is the case with the Rwanda genocide in 1994,with no higher judicial force to intervene, and that is where they fail (Tavares, 23.)Africa however should not be grouped with the Arab League, even though they are comparable, because after the Cold War, Africa had been depleted because of their division into pro-USA forces and pro-Soviet forces during the Cold War, as they underwent a number of proxy wars for the USA and the Soviet Union. After having served their purpose Africa was then disregarded and faced with â€Å"indifference† from forces that had had an increasing interest in it before (Dersso, 15.)When discussing the economy there are also rather ambitious initiatives on the AL and the OAU’s parts, in their missions they strive for unity, but one of the main constituents of said unity, is economic unity, whereby member states implement policies that will be beneficial to one another’s economies as is the case with the EU, they have a unified currency and an open market, whereby, goods, services and people are not taxed when traded between members.The EU is the only Regional Insisution with a separate monetary system which makes , â€Å"the EU has become greater than merely an arena of inter-state co-operation and has taken on many state-like powers† (Bradbury 18). This however does not work with the Arab League, because of the lack of a policy which dictates the existence of such a market but also because of the division in wealth in the Middle East, oil-rich states such as Saudi Arabia, Kuwait and Qatar control the capital and give money to the poorer members such as Egypt, in exchange for one thing that Egypt has in abundance: labor and cheap labor at that (Korany, 279.)Also how can the Arab League hope to achieve such unity when travelling between member states still requires visas and there are still taxes on products traded between member states? Again, the mission is ambitious with no real actions taken to implement. As for the OAU, the member states are still very much in conflict as is evident by Africa’s human rights violations and constant violence. After all , Africa is simply too large and divided to ever fit under one banner.After all, overcoming colonialism is not simple; North Africa is an attest to that, with French being a prominent language, even though it was the tongue of their colonizers. In the Arab League’s charter there is a clause which dictates that states in aggression shall be forced into deliberations by the League itself and shall receive a majority vote on what they are expected to do, â€Å"the league’s decision shall then be effective and obligatory.†This however, did not seem like a viable clause as there have been many conflicts between states in the Arab League and interventions were long and tedious and ultimately rendered useless, when there are clauses and no way to implement them, then it is ambitious to place them in the charter in the first place. The importance of pan-Arabism and pan-Africanism is also note-worthy.Pan-Arabism started in the Middle East with leaders like Egypt’s Gamal Abdel Nasser and his nationalistic sentiment; it is a concept which dictates that Arab nations should unite because of a shared Arab identity (Reiser, 1983. ) Ever since pan-Arabism was introduced, Arabs have been asking themselves what it stands for and what is it based on (Reiser, 1983), it was the leaders ambition, one that was evidently misplaced as the citizens of member states don’t see each other as Arab, rather, Egyptian, Syrian, Lebanese etc.One also begins to ponder the role of colonialism here; different nations have colonized the members of the Arab League, for example: Egypt was colonized Britain and France, Libya by Italy, North Africa by France and Jordan by Britain, there are remnants of these â€Å"cultures† in these countries, and hence there is a difference in psyche and a difference in identity.Pan-Arabism and pan-Africanism are both supposedly built on an â€Å"identitarian† principle yet Hall argues that identity get created through discourse, it’s not a stable entity but a process that is incomplete and is reproduced through process (Hall 16). This same problem exists in Africa and pan-Africanism has the same logical holes in it, African states were and still are very much divided (as I have mentioned previously), so how can they all exist under one African umbrella? Hence, the Arab League fails (Pinfari, 1. ) The OAU fails. ï » ¿Failure of the Arab League In the wake of any great conflict, states will try and assemble a system that is based on unity and prevention of further conflict, there are several aspects usually addressed, including the economy and the international relations. In the wake of World War 2 the UN assembled to form the new world order (Pinfari, 1. ) In the Middle East, 6 founding members (Egypt, Transjordan, Saudi Arabia, Syria, Lebanon and Iraq) formed the Arab League, an organization founded upon a common sense of Arabism with a goal of Arab unity (Pinfari, 2.)In the wake of the Cold War, Africa found itself at a political disadvantage because of the fragmented politics of the continent, they were at a geographical advantage and wanted to make use of that, so they formed the African Union to address inner-conflicts and the mayhem caused by the remains of colonialism after the Cold War (Dersso, 13-14. ) On the other side of things the European Union formed in the late 1990’s with a different mission in mind when compared to the two aforeabmentioned organizations.The Arab League and the African Union’s missions were more ambitious than those of other political organizations such as the EU and the UN, due to many reasons why this paper will focus on discussing their economy, their judiciary and the effect of pan-Arpabism and a pan-African perspective. When nations group under one banner as is the case in the examples mentioned, the issue of their individual political sovereignty is brought into the foreground as countries value their autonomy.The European Union is more of a â€Å"union† in the judiciary sense than the Arab League: while the Arab League clearly states in its charter that the League has no right to intervene in the internal affairs of a member country unless their overall safety is compromised, this then makes way for dictators like Qaddafi to rule for years in what certain scholars would view as a tyrannical manner.The judiciary of each country is separate f rom the Arab League which isn’t the case with the EU, whereby the Court of Justice of the European Union has the right to supersede any national court of law (Wallace, 484), by so doing maintaining peace in a more efficient way. How does this make the Arab League’s mission more ambitious, is that they are seeking peace and unity based on a sense of Arabism rather than an effective judicial system (Reiser, 1), and it is ambitious to assume that this will prevail.When discussing the Organization of African Unity (OAU), their mission can also be seen as more ambitious than that of the EU, the OAU’s mission was to establish widespread security and unity between African members of this union through the ideal of â€Å"African Solutions for African problems,† but like the Arab League, their mission contains certain clauses that are emphasized in discourse, yet not much is done to re-enforce them (Dersso, 13), and often the governments of individual states will do as they please, as is the case with the Rwanda genocide in 1994,with no higher judicial force to intervene, and that is where they fail (Tavares, 23.)Africa however should not be grouped with the Arab League, even though they are comparable, because after the Cold War, Africa had been depleted because of their division into pro-USA forces and pro-Soviet forces during the Cold War, as they underwent a number of proxy wars for the USA and the Soviet Union. After having served their purpose Africa was then disregarded and faced with â€Å"indifference† from forces that had had an increasing interest in it before (Dersso, 15.)When discussing the economy there are also rather ambitious initiatives on the AL and the OAU’s parts, in their missions they strive for unity, but one of the main constituents of said unity, is economic unity, whereby member states implement policies that will be beneficial to one another’s economies as is the case with the EU, they have a unified currency and an open market, whereby, goods, services and people are not taxed when traded between members.The EU is the only Regional Insisution with a separate monetary system which makes , â€Å"the EU has become greater than merely an arena of inter-state co-operation and has taken on many state-like powers† (Bradbury 18). This however does not work with the Arab League, because of the lack of a policy which dictates the existence of such a market but also because of the division in wealth in the Middle East, oil-rich states such as Saudi Arabia, Kuwait and Qatar control the capital and give money to the poorer members such as Egypt, in exchange for one thing that Egypt has in abundance: labor and cheap labor at that (Korany, 279.)Also how can the Arab League hope to achieve such unity when travelling between member states still requires visas and there are still taxes on products traded between member states? Again, the mission is ambitious with no real actions t aken to implement. As for the OAU, the member states are still very much in conflict as is evident by Africa’s human rights violations and constant violence. After all , Africa is simply too large and divided to ever fit under one banner.After all, overcoming colonialism is not simple; North Africa is an attest to that, with French being a prominent language, even though it was the tongue of their colonizers. In the Arab League’s charter there is a clause which dictates that states in aggression shall be forced into deliberations by the League itself and shall receive a majority vote on what they are expected to do, â€Å"the league’s decision shall then be effective and obligatory.†This however, did not seem like a viable clause as there have been many conflicts between states in the Arab League and interventions were long and tedious and ultimately rendered useless, when there are clauses and no way to implement them, then it is ambitious to place them in the charter in the first place. The importance of pan-Arabism and pan-Africanism is also note-worthy.Pan-Arabism started in the Middle East with leaders like Egypt’s Gamal Abdel Nasser and his nationalistic sentiment; it is a concept which dictates that Arab nations should unite because of a shared Arab identity (Reiser, 1983. ) Ever since pan-Arabism was introduced, Arabs have been asking themselves what it stands for and what is it based on (Reiser, 1983), it was the leaders ambition, one that was evidently misplaced as the citizens of member states don’t see each other as Arab, rather, Egyptian, Syrian, Lebanese etc.One also begins to ponder the role of colonialism here; different nations have colonized the members of the Arab League, for example: Egypt was colonized Britain and France, Libya by Italy, North Africa by France and Jordan by Britain, there are remnants of these â€Å"cultures† in these countries, and hence there is a difference in psyche and a difference in identity.Pan-Arabism and pan-Africanism are both supposedly built on an â€Å"identitarian† principle yet Hall argues that identity get created through discourse, it’s not a stable entity but a process that is incomplete and is reproduced through process (Hall 16). This same problem exists in Africa and pan-Africanism has the same logical holes in it, African states were and still are very much divided (as I have mentioned previously), so how can they all exist under one African umbrella? Hence, the Arab League fails (Pinfari, 1. ) The OAU fails.

Independent Sample t-test Using SPSS Coursework

Independent Sample t-test Using SPSS - Coursework Example For this particular case, the samples were collected from the population (total number) of students studying Level 1Business Management at the University, and who took part in an Entrepreneurship Project. Therefore, one would say that the inclusion criterion was for students taking Business at level 1 and undertaking the project. Consequently, two different samples of unknown means were obtained randomly from this population: those who had studied Business previously (At A-level or equivalent), and those who had not. Generally, samples for t-test can be selected from a single population that is divided into two subgroups like our case. In descriptive research, we can define study population based on geographic location or sex, with additional variables and attributes such as our case where we used previous Business study as an attribute to categorize the group.The common statistical procedure is to assume that populations were samples are drawn have equal variances. However, it is im portant to test this assumption because certain statistical tests require equal variances of populations. Levene’s Test, an inferential statistic helps to assess whether variances are equal for two groups. That is, it tests the homoscedasticity or null hypothesis of equal population variances, also called the homogeneity of variance. Consequently, there are three possible instances where testing variance equality is a major concern. The first instance is when drawing inferences about population variances due to scientific interests.

Sunday, July 28, 2019

Segmentation and Targeting Essay Example | Topics and Well Written Essays - 750 words

Segmentation and Targeting - Essay Example Starbuck has experienced tremendous growth since it was founded. Identify the company’s target market and positioning strategy The level of coffee consumption in the United States has been on a downward trend, especially in the late twentieth century. However, Starbuck has been quite cautious when choosing its target markets. A target market can simply be defined as a group of consumers who share the same interests that a particular company selects to serve. The process of choosing a target market can be undertaken by evaluating social, environmental, political, and competitive factors. Consumers bargaining power and entry barriers all fall under the category of market factors. The prices offered by Starbucks were extremely high and the company was trying to develop a new culture for its customers. Considering that Starbuck was very careful when it came to coffee production, the company managed to maintain a stable relationship with its suppliers hence, it faced minimal threat s and competition (Starbucks Corporation SWOT Analysis, 2008). Office employees with both middle and high revenue were the sole target for Starbuck. Schultz wanted Starbuck to be the place where people could meet and relax on their way home, after work and socialize with each other. Therefore, the company was aggressive in meeting the needs of the consumers. Great consideration was also placed on the arrangement of the store. Target market can be executed in various ways namely concentrated, distinguished and undistinguished (Kotler & Armstrong, 2004). The concentrated strategy focuses its efforts on a single market section and develops and maintains an exclusive approach for every section. The distinguished approach reaches out to the market by creating distinct products and promoting the programs for the various sections. The undistinguished strategy on the other targets the whole market using a single (Kotler & Armstrong, 2004). Starbuck adapted the undistinguished strategy to ma rket their products. The company measured the whole market as one single section. The main obstacle that Starbuck faced when it employed this strategy is the development of a brand that would satisfy the needs of all customers. Nevertheless, Starbuck did not compromise any of its services hence, they did everything they could in order to produce a quality product. A company must choose which position it wishes to occupy in the market after identifying its target. The positioning entails the way consumers define a particular product in terms of quality, size, price and performance and several other factors. Previously, Starbuck had been using transactional marketing where profit was obtained mainly from reserved customers who had a long-term relationship with the company. However, the customer retention approach aims at enchantment instead of consumer fulfillment. Starbuck later discovered that public opinion was a better approach. This kind of strategy takes a long time to thrive, t hough the benefits are worthwhile (Brassington & Pettit, 2000). How does their product line fit with their target market and positioning? Does it make sense? Starbuck began to create high quality products and services to its consumers. Schultz was aware of the fact that coffee is indeed perishable hence, he emphasized on the production of quality products by supervising each stage of coffee manufacture. Whole bean coffee was purchased from countries such as Kenyan and Ethiopia (Stanley, 2002). The coffee was then roasted and

Saturday, July 27, 2019

History (Biography Reviews) Essay Example | Topics and Well Written Essays - 1000 words

History (Biography Reviews) - Essay Example In describing his earlier campaigns, I have had recourse to much fuller material than in the latter portions. The reports of many subordinate commanders, Union and Confederate, have been published, and there are even critical commentaries upon these, which guard the historian against error. 1 The book gives presents only the military career of Grant although there are some parts that touch upon his personal life such as Chapter II which gives a background of his childhood and Cadet Life. Somehow, there is a good rationale for covering only Grant’s exploits since he is a very private person . Although there are times where his ethics have been questioned, that has happened after the war. Like any individual who has been popular, there is always an inclination for politics. The book’s sequence of events is arranged chronologically with the sequence of events beginning with the start of the war. However, the author’s main purpose was not really to go into much detail of the war as expressed in the Preface. His writings were mainly focused on the plans made by the General, the way the plan was executed as well as the results of his campaign. Perhaps, the author’s motive is to show the readers the General’s plans and his achievements. Unfortunately, the author cannot discuss completely the topics without getting into many details such as dates and names of people involved. The book was almost a journal that reported the daily battles of the subject. This makes the biography very authentic since it was written during the time that it happened. Moreover, the author personally knew the subject which makes the book a good primary source. The author’s main point of view is that Grant was a successful General as he said â€Å"Grant is the first soldier of the age, and the most distinguished American of the Regenerated Republic†2 . The biography is recommended for readers who are interested in a detailed narration of military

Friday, July 26, 2019

Kindly see the instruction Essay Example | Topics and Well Written Essays - 500 words

Kindly see the instruction - Essay Example beliefs, as well as the many testimonies from couples of the lesbian, gay, bisexual, and transgendered community (LGBT), judges and citizens alike are looking to overturn the Defense Against Marriage Act, which would allow gay couples to have the same federal benefits as their heterosexual counterparts. On March 27, 2013, the members of the Supreme Court gathered to hear the testimonies, fears, and concerns that both opposers and proponents of gay marriage had. Those that oppose gay marriage, specifically those that allowed California’s Proposition 8, which would ban gay marriage and overturn the marriages that had been conducted previously, made their side of the argument known that marriage is a union that has always been available only to men and women. Though they could find no consequences of people within the LGBT community becoming legally married, they continued to argue that to allow them the chance to marry would go against the very definition of marriage. The proponents for gay marriage, a large following that consists of homosexuals and heterosexuals alike, simply believe that under the freedom that America stands for they should be allowed to marry someone they love. After the first day of hearing testimonies, members of the Court also had their say about their own stances in regard to gay marriage. Justice Anthony Kennedy, who is â€Å"seen as the swing vote between liberal and conservative justices† (Dymond, par. 8), is less concerned about the marriage debate itself and more concerned about whether or not the federal government had the authority to legalize and then ban gay marriage in California. Justice Ruth Bader Ginsburg believes that there should be two separate types of marriage, a full marriage for heterosexual couples and what is referred to as the skim-milk marriage for homosexuals. There were other members, though, we were not as neutral. Elena Kagan found that the Defense Against Marriage Act was written and enforced out of

Thursday, July 25, 2019

Overpopulation Research Paper Example | Topics and Well Written Essays - 1000 words

Overpopulation - Research Paper Example Over population reduces the ability of nature to feed its inhabitants because population expansion surpasses the capacity of land for food production; since more people require more food, water, housing, employment, education, medicine and even more fresh air (Zuckerman and David 82). Moreover, it propels people to unsustainable paths like quick extraction of resources from earth than they can maintain the existing supplies; thus, with this trend, people will deplete vegetation and affect species and animal societies in areas where these resources are mined; in addition, these exploitation is leading to lowering of the water table and the exhaustion of aquifers (Joseph). Increase of world population increases the utilisation of fossil fuels which results in global warming which melts glaciers and icecaps resulting in widespread water scarcity all over the world; similarly, global warming leads to shortage of food; therefore, over population results in scarcity of two basic elements n ecessary for human existence. Global warming in equatorial regions intensifies drought conditions, which expand desert regions in North Africa, American southwest and Middle East regions. The scorching effect has been felt in American Corn Belt and agricultural lands of Croatia, which forces agriculture to high latitudes thus decreasing yield in arid areas. Family planning has been a vital method of controlling global overpopulation since much has been achieved in the past decades. For example in Japan, the country managed to cut its birth rate by a quarter from 1951 to 1958; moreover, other countries like South Korea and Taiwan managed to lift themselves from poverty to first world standard following Japan’s example. Population growth brings about unemployment, overcrowding and environmental degradation; thus, much can be gained through stable and sustainable population (Paul 6). In addition, world desertification affects almost three quarters of land in North America and Af rica, the habitat of close to one billion people. However, the cause of desertification has been the pressure of human population leading to over-cultivation as well as over grazing of land; moreover, deforestation allows erosion of top soil. Moreover, population pressure causes the emission of two giga-tons of carbon in a year to the atmosphere because of deforestation of rainforests. Countries that have rainforests have initiated a large-scale reforestation programs in order to reverse forest loss; however, the ultimate success of the efforts require significant change in demand for slow-growth forest products and the end of financial incentives that encourage large scale deforestation. Depleting aquifers created in ace age in order to meet the water needs can result in dangerous ground subsidence like the 50 cities in north China Plain that experience destruction of surface infrastructure due to subsidence of depleted underground aquifers. Therefore, in order to alleviate water s hortage, an individual can recycle waste water as well; desalination of sea water has been in use in Australia and Middle East, there is no doubt present-day lifestyles will change and not necessarily for the worse. For instance, food should be produces locally to decrease transport costs and diet will mostly be vegetarian since it takes about 2000 to 16000 litres of water to produce a

Wednesday, July 24, 2019

Individual Operations Management Report Essay Example | Topics and Well Written Essays - 1000 words

Individual Operations Management Report - Essay Example After conducting an analysis using Statistical process control tools, the company found that there processes are out of control and they are not meeting the quality standards. Table of Contents Introduction & Problem Description: 3 Methodology: 3 Results: 4 Types of Data: 4 3 Sigma control for the processes: 4 Discussion and recommendations: 7 Conclusion: 8 Bibliography: 9 Appendix: 10 Introduction & Problem Description: RTP Industries is one of the most renowned manufacturers of steel and aluminum products. The company holds its footstep in the major countries of the world and operates globally. Due to stiff competition in the recent years from Chinese and Indian manufacturers, the company has lost a significant portion of its market share. To reestablish itself, the company is emphasizing on research and development program in order to innovate new products. Quality has remained the top priority since then as the company expects that through quality assurance and control it can aga in boost its sales. Total Quality management has been at the heart of company’s vision and it has been introducing tools and techniques to maintain the quality of its products. One of the tools it has recently deployed is Statistical Process Control for measuring the performance of the manufacturing process and to let identify it there are any weaknesses in the process. Recently, the company has received a lot of complaints regarding the hydraulic products. It was believed that the discrepancies in the size and surface quality of the steel rods are causing leakages in hydraulic products. Methodology: In order to meet the required standards and improve its quality, the quality manager has planned to run a Statistical Process Control Analysis. A Statistical process control involves a random sampling of the output of the process which determines whether the process is meeting the quality standards or not. For the above purpose, the quality manager has randomly collected data on samples of three steel rods daily. The quality manager collected two types of data The diameter of the selected steel rods was measured and recorded in centimeters over a 25 day period. The number of surface errors in the selected steel rods was calculated and recorded over a 25 day period. Results: Types of Data: There are two different types of data given to us in this scenario. The first data is concerned with the diameters of the selected steel rods. As we know that diameter is a continuous variables and it can take any value therefore we will use an x chart as a Statistical process control chart to monitor the process. The second set of data contains information about the number of surface errors in the selected steel rods. The second type of data has used sampling through attributes measure for the collection purpose. Since it contains information about whether there are surface errors in the steel rod therefore it is measuring the attributes of the steel rods. We will use a c chart as a Statistical Process Control tool for monitoring this process since there are more than one surface errors in some steel rods so we will count number of errors per steel rod. 3 Sigma control for the processes: Size of diameters of rods: For the first sample of data regarding the diameter of the

Nokia Siemens Networks Essay Example | Topics and Well Written Essays - 2000 words

Nokia Siemens Networks - Essay Example The organizational structure of the new company will see its headquarters based in Helsinki, Finland-the home of Nokia. It will also house the company’s Radio access and operational support systems for the new firm. Munich, Germany-the home of Siemens-will have four business units for the new firm. All the sectors of the two companies will be headed by the current executives of the companies both in Finland and in Germany. The technical systems of Nokia Siemens Networks are designed into six business units, these are; Services, Radio Access, IP Networking, Transport, Operational Support Systems, Service Core and Applications and Broadband Access. Individual financial performance, services and products offered by each company differ and therefore the joint venture is expected to incorporate not only the services but also the strategies used by both Nokia and Siemens to improve the new business. Looking at the individual companies, a lot has been done by the two in terms of technologies, skills, human resource, and infrastructure. Siemens is an electronic and Telecommunication Company located in Berlin and Munich, Germany. It is considered one of the greatest and successful companies of all time with well over 461,000 employees and millions of employees in over 190 countries according to 2006 estimates. Siemens has been active in many areas of electrical, communication, construction, medical and transportation sectors. The main business that the company engages in is the communication sector. It offers products, services, and other solutions for industries adopting ICT technology in their day to day running of their businesses. Siemens also provides a range of power and lighting products such as electronic control gear, opt semiconductors, lamps etc.

Tuesday, July 23, 2019

Manuscript Submission Instructions to Authors Essay

Manuscript Submission Instructions to Authors - Essay Example Hard wheat utilized as a part of making bread in light of the fact that it has a protein substance of up to 16%, and it hashigh gluten. In Iraq, agriculture is hard to practice given the climatic conditions of the country. This means that wheat farming is done in large plantations and supplemented by irrigation. The country is also one of the earliest regions in which wheat farming was a main source of staple food. Therefore, it is important to understand the criteria that is in place within the country that can aid in the understanding of the type of wheat that is most favorable in Iraq. The research thus involves statistical analysis of the wheat present within the country and the criteria determining their inclusion in granaries. The wheat plant is one of the staple food in Iraq. This is because Iraq’s climate is not favorable to agriculture. Plantations exist mainly along the river beds especially in the uplands and the delta regions. According to historical and archeological find, there is evidence of wheat farming from the period dating the third century. Thus, this supplements the idea that the people of Iraq are excellent wheat farmers. The earliest form of wheat application from the region includes baking cakes. In modern days, baking cakes is a delicate procedure and so is the preservation of the cakes. One needs to have a refrigerator in order to prolong the shelf life of a cake. In addition, the storage of wheat also demands proper storage facilities that will hinder the growth of fungi as well as contamination by weevil. This raises the questions as to how historical civilization would store there wheat to prevent contamination as well as process the wheat and ready it for baking. The research will thus focus on determining the criteria which the people of Iraq use to receive wheat in their granaries. Studying the

Monday, July 22, 2019

Samsung and theme park in Korea Essay Example for Free

Samsung and theme park in Korea Essay Title of the case: Samsung and theme park industry in Korea 1) â€Å"Is the Global theme parks industry an interesting industry to be in? † a) Rivalry among existing competitors Is the industry growing rapidly? Yes,because of the increasingly fierce competition and the maturity of the market. Concentration Do the 4 biggest players have together more than 80% of market share? Yes, because 4 biggest players which are The Walt Disney Company,Time Warner’s Six Flags Corporation, Paramount, Anheuser Busch and Cedar Fair have together more than 80% of market share. Diversity of competitors Are competitors all of approximately the same size? No,because it depends on the land size and different regions Are the competitors diversified rather specialized? Yes. Theme parks generally have a global theme to propose. Diversity of competitors were getting more intense. Product differentiation Are there significant product differences and brand identities between the competitors? Yes,there was a variety of parks and attractions, each with a different approach to drawing crowds and showing them a good time. That are Cultural and Education Parks; Outdoor Amusement Park; Theme Parks were generally family-oriented entertainment complexes that were built around a theme;Water Theme Parks. That means theme is equal to brand. Are products complex and do they require a detailed understanding on the part of customers? No, the rides and attraction are not require information. Would customers incur significant costs in switching to a competitor? No,ticket prices for consumers is very cheap. Excess capacity and exit barriers Is the industry with no intermittent over capacity? No. Important over capacity of extra staff during spring and summer Is it hard to get out this business because there are specialized skills and facilities or long term contract commitments? Yes, it is. Economies of scale and the ratio of fixed to variable costs. Are there economies of scale in this industry? Yes, the economies of scale and scope were significant in the industry. Increasingly, Parks got larger and longer to generate more operating revenue. Also, companies had multiple parks to take advantage of the learning curve effects in the management of theme parks and the increased economies of scope. Most of the operating expenses for theme parks (about 75 per cent) were for personnel. Are the fixed costs of the business a relatively low portion of total costs? No, because land development costs around 50% of investments and advertising campaigns around 10%. b) Threat of new entrants Capital requirements Is a lot of capital needed to enter the industry? Yes, because the theme park business required a large-scale initial investment, typically ranging from $50 million to $3 billion. Is equipment expensive to acquire / to serve? Yes, because land development costs, Amusement machinery costs, Working capital and Amusement equipment are all expensive to acquire. Economies of scale Do large firms have a cost or performance advantage in the industry? Yes, they have. Many parks periodically added new attractions or renovated existing ones to draw repeat customers. The parks typically reinvested much of their revenue for expansion or upgrading purposes. Absolute cost advantages (â€Å"first mover advantage†) Does experience help to continuously lower costs? Yes, because large firm such as Walt Disney Company, its financial profile was generally used to assess the return on investment within the industry. The revenues for the theme parks segment of the Walt Disney Company were at US$2. 042 billion in 1988 and grew to US$3. 4 billion in 1993. Operating income was pegged at US$565 million in 1988 and US$747 million in 1993. With this clarification,large firms has enough experience to help to continuously lower costs,most of revenue to be reinvest for expansion purposes. Does a newcomer have any problems in obtaining the necessary skilled people, materials or suppliers? Yes, they have. In some countries, where land was scarce, governments limited the area of the land that the developers could take up for theme parks. Park administration was dependent on the government for utilities such as power, gas and water. A typical period required for arranging government approval for a theme park could be as high as two to five years,depending on the country. Product differentiation Are there any proprietary product differences in the industry? Yes,because the theme park industry had three classes of inputs: the building and construction services that provided landscaping and architectural support; the hardware providers that supplied amusement machinery; and the software providers that supplied management know-how. Are there any established brand identities? Yes, because the park manager should work with tour operators and government tourist promotion boards to draw the tourist crowds to their parks. Theme parks spent about 10 per cent of their annual revenues for advertising. Radio, newspaper, yellow page (telephone book) advertisements, family and group discounts, and direct mail were the most common promotional methods. Do customers incur any significant costs in switching suppliers? No, because the customers dont care about the price. Access to channels of distribution Does a newcomer to the industry face difficulty in accessing distribution channels? Yes, because theme parks spent about 10 per cent of their annual revenues for advertising. Radio, newspaper, yellow page (telephone book) advertisements, family and group discounts, and direct mail were the most common promotional methods. Governmental and legal barriers Are there any license, insurance of qualification which are difficult to obtain? Yes, because the licence and insurance of qualification are all difficult to obtain, because government regulations were quite strict because of the extensive land use and security. Licensing requirements and methods of ascertaining operational expertise to ensure visitors’ safety varied from country to country. Retaliation Can a newcomer expect strong retaliation on entering the market? Yes, because the insurance premiums were extremely high in some parts of the world. Given the likelihood of accidents in the amusement parks and the possibility of serious injury, 100 per cent insurance coverage was a must in the industry. c) Threat of substitutes Has the customer no real substitutes? No, there are Various substitutes for customers : other modes of entertainment Propensity/willingness of buyers to substitutes Is the customer unlikely to substitute? No, customers can easily substitute, because they want to try something new, something different, cheaper, safer, better or more convenient. Will the customer incur costs in switching to a substitute? Yes, because they meet more complex needs. Free admission parks and beaches, camping trips, or even video-movies at home were competing options for leisure time. It means if customers have enough leisure time while the price is lower than theme park or have the same type of entertainment, they were probably change their mind. Price/performance characteristics of substitutes Have substitutes performance limitations which do not completely offset their lowest price or is the performance advantage of substitutes not justified by their higher price? Yes, It was the availability of leisure time and a high discretionary income that drove the commercial recreation industry. Like video-movies at home, customers cost little even though they cant go out for fun. Is it difficult to perceive performance differences between industry products and substitutes? No, because Theme Parks industry do not fit well with High tech image of Samsung. d) Bargaining power of buyers Buyers’price sensitivity 1) Importance of the item as a proportion of their total cost Are customers not highly sensitive to price? Yes, because in a good economy, customers do not have a great deal of bargaining power within the theme park industry. Although the entertainment facilities as a proportion of their total cost, customers just focus on the rides themselves,it shows that buyers’price sensitivity are not highly. 2) Level of differentiation Is the product unique to some degree or has accepted branding? Yes, like special simulators for amusement purposes using proprietary technology were being developed by technology-intensive companies. Does the customer face any significant costs in switching suppliers? No, because the customers are not affected by suppliers. 3) Level of competition between buyers Are customers’ businesses/activities/finance profitable? Yes, because to handle the admissions revenue a centralized ticket system was generally preferred. An all-inclusive admission price entitled customers to as many rides and shows as they desired. This approach led to longer stays at parks resulting in increased food and beverage sales. 4) Importance of the sold product to the quality of the buyer’s product/service Yes, successful park managers used extensive marketing research to understand their customers and also spent a lot of effort in promoting the park. To reach the diverse groups, parks emphasized increased beautification and the range of entertainment and food services offered. Relative bargaining power 1) Size and concentration of buyers relative to suppliers Is there a large number of buyers relative to the number of firms in the business? Yes, there are local families,children’s groups,the evening market,corporate groups and tourists. Is there a large number of customers, each with relatively small purchases? Yes, each customer just buy one ticket. 2)Buyer’s information Does the buyer need a lot of important information to properly buy? No, they dont need any information to buy a ticket. 3) Ability to enter the other party’ business through vertical integration Is there anything which prevents the customer from taking supplier’s function in-house? No, there isnt anything to prevent the customer from taking suppliers function in-house. e) Bargaining power of suppliers Sensitivity to suppliers’ price 1) Importance of the item as a proportion of total cost Have cost of purchases no significant influence on overall costs? No, significant for landscaping, machineries (hardware) and know-how (software). The amusement equipment required for the park was expensive, most of it going from $1 million to $50 million. The software charged huge licensing fees which were over 10 per cent of the revenues. 2) Level of differentiation Are inputs (materials, labor, supplies, services) standard, rather than unique and differentiated? Yes, because these inputs provided by the supplier that the value constitute a larger proportion in the total cost of the product of the buyers, that is to say bargaining power of suppliers will increases greatly. Is it possible to switch between suppliers quickly and cheaply? No, the amusement machinery industry had grown over the years. Because most of the large drives which has a solid market position, they have many buyers so that not controlled by the market competition of firms. 3) Level of competition between suppliers Are suppliers’ businesses profitable? Yes, because admission fees constituted over 60 per cent of the total revenues of a theme park, while the rest came primarily from food, beverage, and merchandise sales. 4) Importance of inputs to the quality of product/service Yes, because customers expect high level of quality along all areas of the theme park. Users also expect adventures and experiences in an artificial environment at a calculable risk. Relative bargaining power 1) Size and concentration of suppliers Are there many potential suppliers? No, like special simulators for amusement purposes using proprietary technology were being developed by technology-intensive companies such as Sega Japan and Simex Canada. Is there no major dominant supplier(s) ? Yes, the amusement machinery industry had grown over the years. Most of the large drives, such as the Hurricane or the Giant Wheel, were manufactured in Japan, Europe or the United States. 2)Information Is it easy to compare suppliers’ offer? Yes, because there were fewer than 10 suppliers who were capable of developing quality machinery, such as DOGO of Japan, HUSS of Germany, and ARROW of the United States. 3) Ability to enter the other party’ business through vertical integration Would it be easy to enter the business of suppliers? No,because most of these suppliers worked globally, and the machinery were custom designed and made to order to fit the particular market and environment conditions. Summary – Overall industry rating. Favorable Moderate Unfavorable Intensity of rivalry among competitors v Threat of entry v Threat of substitutes v Bargaining power of buyers v Bargaining power of suppliers v 2) â€Å"More specifically, will the idea of theme parks work in Korea ? † Yes, because there is an increase of Theme Parks demand in Korea that is creating a booming in leisure domains, leading to a potential very profitable if running in this business. The theme park industry was still in its early stages in Korea, and had a history of less than two decades. However, indications were that the industry was growing globally, with more players entering. Rivalry between established competitors the Korean market is becoming mature with 33% of worldwide Theme Parks are based in Asia. In Korea, around the Seoul area , there were six themes parks. The most notable player in these region are : Lotte World , Seoul Land and Yongin Farmland. Each of these firms offers theme parks with varying experiences, always trying to debut the newest and best experiences in order to stay ahead of one another. A great example of this can be seen by looking at these three major theme parks. New attraction and technology can attractive customers. Lotte World has a series of their own entertainment, Seoul Land is more of a entertainment place for short visit,Farmland planned to revamp its theme park with addition of the water park, a global fair and the expansion of the existing zoo. Every year new attractions, restaurants, entertainment, and hotel offerings are announced in order to influence people to attend the various parks. This rivalry also affects the profits of these theme parks as they typically see a good return on their investment year over year. Other forms of competition comes from free admission parks, beaches, camping trips. These are either free or cheaper than paying for a trip to the theme park. Threat of entry The threat of new entrants of theme park in Korea is particularly high. Theme parks around the world need a large scale initial investment from $50 million to $3 billion. Land development cost ,amusement machinery cost and working capital are the main component of the capital investment. Another reason is land use, Seoul where land is scare. The land requires for building or expanding a theme park normally involved considerable large land plot. The government often gives firms long periods of approval. Theme parks always have a large economic of scale in order to attract much more customers because of the rides and services which need satisfy customers demand. Threat of substitute Farmland plan to develop a resort town in Yongin with luxury hotels, golf courses and resort accommodations catering to customers with families and spend longer time in Farmland. The challenge for Farmland is finding ways to entice customers to spend their vacations with them as opposed to trips to the beach, admission parks, camping trips or staying at home and watch video-movies. Bargaining power of buyers In a good economy and during the holiday seasons, the buyer bargaining power is low where there are many patrons to the theme park. Since the Koreans do not have many vacation leave and Korea is a temperate country , the only time for Koreans to go out with their family will be during the mid –summer to mid autumn period. These will be the peak period for most of the theme parks and it is term the high seasonality. When the high seasonality period is over, the customer’s bargaining power will be high and the theme parks must start their promotional activities or special events to attract customers to visit the theme park. Bargaining power of suppliers the suppliers to the theme park industry have a lot of bargaining power. DOGO of Japan, HUSS of Germany and ARROW of the United States are just a few of the major companies who create the attractions found in most of the theme parks throughout the world. Every year,the IAAPA hosts a convention where the newest technology is put on display for the consumers (theme parks). In an effort to keep customers excited year after year, theme parks have the opportunity at this convention to see the newest technologies first hand and decide what to bring to their theme parks in the future. This can negatively affect the profit level of theme parks, however, as they bid against one another as they vie for the best technology, driving up the prices and reputation of the suppliers. 3) â€Å" Should Samsung invest in the proposed Master Plan ($300 million investment)? † Yes, but should be more because theme park developers chose land sites in a central area which was relatively expensive in Korea and several important criteria are missing in this plan to be complete and realistic. For example, the fact that Farmland is going to build new attraction and extend some others to make them more attractive is a point that required the whole advertising campaign to be reconsidered entirely, and also more impacting by focusing on all those novelties. This is an important operation that will raise a budget corresponding to more than 10% of the revenue in the group, plus other unexpected extra costs.

Sunday, July 21, 2019

Reincarnation And Its Psychological Effect On Children Psychology Essay

Reincarnation And Its Psychological Effect On Children Psychology Essay Reincarnation is becoming more and more popular through time it is a broad and interesting debate to discuss and shed light on. Everyone may know a little about reincarnation, but few understand the complexities and how it actually works. Now you can find out how reincarnation really affects us. Reincarnation  is a concept which is common to many religious beliefs and spiritual practices. According to the theory of  reincarnation, when  people  die, some part of themselves lives on in another person. After understanding the meaning of reincarnation and after believing in its existence there is an important hide side in it which interested me to talk about( S.E. Smith 2003) . This research will help us understand how it is important for the parents and the individuals to know the direct and indirect effect of reincarnation on their psychological side. Reincarnation is the belief that a part of our consciousness will continue living after the death of the physical body and will be re-born into a new body here on Earth. The belief of reincarnation is widespread, in fact almost universal in the East, but it has never been that popular in the West. For many people the idea of life after death is very comforting because it lessens their grief and removes their fear of annihilation (Esoteric Science lee bladom 2006). Reincarnation and its psychological effect 3 For others it is a subject that is never contemplated because ignorance is bliss. But whether we believe in it or not, the fact remains that life after death is a certainty because life cannot be extinguished. Problem statement Based on my own experience in reincarnation I became interested in childrens past life memories because when I was young i had memories of other lifetimes I remember parts of previous lives as if they were yesterday . Due to my experience and researches I did, I found three main problems that reincarnated children pass through. One of them is the crash and the illusion that the children pass through in their current life and that is the result of the destruct that happens in their personality since they find it so hard to accept their current parents . Second problem Is the ignorance of the parents due to the lack of knowledge about how it is important to understand and work on their children psychological and believing in what they are passing through. Reincarnation and its psychological effect 4 Third problem is when something that happened to someone in a previous life, has created a phobia in this current life. For the above stated problems, there is a need to find a solution and to make the parents aware from what their children is passing through. Research questions: The following research questions are used to guide the research process: How can events or memories from a past life affect people/children in their current life? How should parents deal with reincarnation if it happens to their children? How do reincarnate people differ from un reincarnate people? Hypothesis: Reincarnation has serious psychological effects on childrens current and future life? Reincarnation and its psychological effect 5 Definitions: The terms that are recurrent in this research includes reincarnation, phobia, ignorance, psychological effect and after death. Reincarnation: The word  reincarnation  derives from the Latin term meaning the re-entering of the flesh.It means the Rebirth of the soul in another body(The American Heritage ® Dictionary of the English Language).Other define reincarnation that there a distinction between reincarnation in the New Age movement and the doctrines that come out of Eastern religions such as Buddhism or Hinduism. While the Western idea of reincarnation, or transmigration of souls, borrows heavily from these two Eastern religions it is cycle of birth, death and rebirth. This differs from the New Age conception of reincarnation because often times in the New Age movement there is no concept of evil or immorality (Chandler 264; Pham 6). Phobia: Social phobia is an anxiety disorder that is accessible to two forms of treatment yielding scientifically validated results: drugs and cognitive-behavioral therapies. Graded exposure to feared social situations is fundamental to obtain an improvement of the anxious symptoms( Jesse Fox, Sun Joo Ahn Oct 2012: 255-271).moreover (Murray stein issued in September)define phobia that is degree of anxiety and stress throughout their lifetimes. Also its is lack of social skills or motivation to improve their interpersonal relationship. Ignorance:   ignorance and uncertainty are usually unwelcome feelings and it is the condition of being uneducated, unaware, or uninformed(The American Heritage ® Dictionary of the Reincarnation and its psychological effect 6 English Language).according to Writer (Thomas Pynchon 2001)Ignorance is not just a blank space on a persons mental map. Psychological effect: Due to the world English dictionary defines psychological as pertaining  to  the  mind  or  to  mental  phenomena  as  the  subject  matter  of  psychology,and  pertaining  to,  dealing  with,  or  affecting  the  mind,  especially  as  a  function  of  awareness,  feeling,  ormotivation:  psychological  play;  psychological  effect. While (  John B. Watson) defines it as Psychology  is an academic and  applied discipline  that involves the  scientific study  of  mental functions  and  behaviors. Literature review: There is a high agreement that reincarnation effects children psychologically, since Past-life memories effects present life in both aspects positive and negative. Positive past experiences can help people to have extra exercises and to be more wise since they lived before. And with respect to the Negative past experiences can lead to aversions and phobias that effect current and future life. Reincarnation and its psychological effect 7 So how much do our past lives affect our current lives?( Josef head) came up in discussion that, something that happened to someone in a previous life, has created a phobia in this current life. this means that pervious life affects children future and current life by building his personality on the phobia that is created and caused by previously experienced and has been carried to our currents lives. For example it could be someone who is fearful of water may have been a drowned sailor in another life and so on. Moon Goddess  on May 31, 2011 at 11:13pm in  Daily Banter posted that he truly feel that he have been here before, at least once. They could not tell us who or what they was previously but he feels that he lived before where it effects him in his current life, Because he is afraid of heights, mildly  claustrophobic, and afraid of particular spiders snakes. Nothing happened in this life to instigate these fears, but they are still there. In addition to all the discussions and points of view( Rules of the House #25e) says that previous life holds through over fears -and said that previous life effects our present and future life psychological by creating for children a social disease called phobia. Moreover they posted If you are terrified by fear to the point you worry about being burned, you have phobia. This Reincarnation and its psychological effect 8 means that you are affected by your past live negatively since you fear fire without ever having experienced it in this life, you have most likely died by fire in past lives. Moreover, as the published author of Hidden Treasures from Past Lives, Barbara explores the ways in which past lives impact our current lives and how to heal the effects. Although the majority of Americans also believes that they have lived past lives, and they are studying how can reincarnation may affects their present life time. Many psychologists and psychiatrists are studying the influence of past lives on their clients such as Barbara has studied their work as well as counseled her own clients in this field. It is Barbaras belief and experience about previous life that is affecting our thoughts, beliefs and the way we behave. And these leftovers from other lifetimes are what may be called legacies. (Barbara k.folts 2010) proposes about the clues that it may be experiencing a legacy right now and about the problems that exists for any reason in our current life. Some possible examples of legacies that Barbara listed are: Abandonment in a past life which leads to hypersensitivity to people leaving you in this lifetime Betrayal in a past life which now appears as a difficulty in your trusting others. Sexual abuse in a past life which leaves you with a legacy of sexual dysfunction in the current lifetime. Being smothered or trapped in a tight space in a past life causing you claustrophobia now Reincarnation and its psychological effect 9 An unexplained symptom, physical, mental, or emotional, that is out of context within your general life A legacy can become part of your personality, the stimulus for your behavior. other researches criticize about reincarnation and past lives such as( Joseph M. Higgins and Chuck Bergman ) that posted the effect of reincarnation is positive since you gain as much experience as possible and u will be able to have many opportunities. In addition that you will be better prepared for that encounter due to the wisdom and experience youve gained. While Dr. Jim disagreed with them since he posted that reincarnate people pass through many negative effects such as destruction in their personality and this will take work and time. Moreover it will be hard for them to continue since they get tired of the journey and that they have to continue until the journey ends. Perhaps the strongest and best documented evidence in support of reincarnation comes from the work of the late Dr. Ian Stevenson (1918-2007), a Virginia psychiatrist of impeccable credentials, who began studying cases about past life memories ,he studies about 3000 cases and all of them are children that are between 4 and 10 years who were able to talk about past lives and all the actions that happens with them in their past lives even they remember the date they Reincarnation and its psychological effect 10 die and the villages they lived in. Additionally, many of the children Stevenson studied could remember how they had died in their previous life providing details Methodology: The current research involves both qualitative and quantative methods since the data collection procedure are based on a questionnaire and an interview. Questionnaire: The first method of data collection is a questionnaire including seven questions which range between yes/no questions and open ended ones. The purpose of these questions is to collect data about the psychological effect of reincarnation on children in their current and future life. It is going to be distributed and administer by the researches herself. Sample investigated includes 30 people from the Shouf area (the sample is random chosen). Reincarnation and its psychological effect 11 Interview: The interview is going to be conducted with two known exerted in field of psychology it includes (3 to 4 questions) about the topic (effect of reincarnation on children current and future life) and their point of view . Conclusion: As a result I strongly believe that reincarnation has a direct effect on children current and future life since it involves in them the feelings of punishment and abandonment as well as their personality will be built on Remnants of mass and on past memories. So here is the parents role to fix and help their children come over their problem.

Saturday, July 20, 2019

Analysing the Concept of Informed Consent in Healthcare

Analysing the Concept of Informed Consent in Healthcare Chapter 1-Introduction 1.1 In modern society, everyone has the basic right to consent to medical treatment. However, this is a recent development as consent was not always considered a critical issue in medical treatment. Hippocrates himself, advised doctors that they should conceal the effects of medical treatment from their patients, his reasoning being he believed that when patients were given relevant information they would take a turn for the worse. It was not standard practice for patients to question a doctors decision or authority. Recent changes have contributed to this change in attitude and as such altered the method of practice of a doctors obligation. The final years of the twentieth century as witnessed the most dramatic shift in the reputation of the medical profession within the United Kingdom, due to scandal after scandal plaguing doctors. Major news headlines left the doctor-patient relationship in a state of concern, for example, Doctors who steal organs face jail.This headline refers to the Bristol and Liverpool Hospital where it was discovered that they were retaining childrens organs, without consent or knowledge of the parents. It became apparent in the Bristol and Liverpool reports that organ retention, of both children and adults was widespread practice. Another significant humiliation for the medical profession was the case of Harold Shipman, a general practitioner who was convicted of murdering fifteen of his patients. Whether these circumstances are due to the actions of individualist or media influence makes little difference to the effect they had on societys viewpoint. There was need for change and this brought about the introduction of regulations and guidelines that protected both the patient and the doctor. 1.2 Informed consent was seen to break the doctor knows best concept and established a liberated choice for the patient. The locus classicus for informed consent is contained within the case Schloendroff v Society of New York Hospital, where it was held, â€Å"Every person being of adult years and sound mind has a right to determine what shall be done with his own body.† There are many examples within the UK system which confirms this principle of law, one being the case Re A (Minors) in which Robert Walker L.J stated, â€Å"Every human beings right to life carries with it, as an intrinsic part of it, rights of bodily integrity and autonomy The principle underpins the common law concerning consent to treatment within the UK. The consent that a patient has the right to choose is a fundamental part of receiving medical treatment. No considerations need to be examined whether the choice is rational or irrational, as the patient has an absolute right. 1.3 The Department of Health 1993 stated, â€Å"Consent is the voluntary and continuing permission of the patient to receive a particular treatment based on an adequate knowledge of the purpose, nature and likely risks of the treatment including the likelihood of its success and any alternatives to it.† Meaning any permission given under any unfair or undue pressure is not consent. Consent may be expressed or implied, however the validity of informed consent does not depend upon the form in which it is given 1.4 This dissertation will firstly consider the development of informed consent, as the English courts initially had reservations of its establishment and for this reason was gradually introduced in stages, until the case of Chester v Afshar which saw the full acceptance of the doctrine. It needs to be considered how the medical profession dealt with this change and in addition how patients themselves are exercising such powers. The effect in which the Human Acts 1998 has had on the courts decision making process will also be analysed to observe the relevance this may have had on informed consent. Another factor of informed consent includes giving sufficient information and the patients understanding of this. For informed consent to exist, the patient must have all the relevant information and capability to make an informed choice as to the treatment they decide to receive. This was made apparent in the case Reibiu v Hughes, where Laskin J stated, â€Å"the genuineness of consent to medical treatment depends on proper disclosure of the risks it entails† For informed consent to exist within the UK; provisions need to be made for those who are simply unable to give an informed choice. The capacity of a patient needs to be considered and if they lack this then a doctor must make a decision as to what is in the patients best interest. This can be seen to restrict informed consent as it goes against its true principle, however if a patient can not make an informed choice for themselves then it is only passable that someone has to act on their behalf. This dissertation will examine the procedure for this and how the law enables decisions to be made fairly and respectably. Chapter 2-The Development of Informed Consent 2.1 The area of law that needs to be established is the nature and scope of the duty to inform and the extent to which this has been incorporated into the English legal system. The existence of a duty to warn came about when the relationship between a doctor and the patient, which was based solely on trust, began to erode. There was a need for scrutiny and examination within the medical profession and this was achieved through the development of the law. The scope of the doctors duty of care is determined by a reference to the Bolam case. Mr Bolam agreed to electroconvulsive therapy to help improve his depression. He suffered fractures in the course of the treatment. The risk was known to his doctor, but he had not informed Mr Bolam of such. Mr Bolam alleged that the failure to warn him of the risk was negligent. The judge found that the amount of information harmonized with accepted medical practice and dismissed his claim. The judge, McNair J, directed the jury to the principle that, â€Å"A doctor is not guilty of negligence if he has acted in accordance with the practice accepted as proper by a responsible body of medical men skilled in that particular art† Therefore, the defendant doctor had conformed with a practice which was approved by a responsible body of medical opinion. This test was known as the Bolam test and it determines whether the doctor fell below â€Å"the standard of the ordinary skilled man exercising and professing to have that special skill† 2.2 Where there is a difference of judgment between two differing medical opinions, the defendant will be given the benefit of the doubt. As a result a doctor would not be found negligent if the court is satisfied that there is a responsible body of medical opinion that considers the doctor had acted appropriately. This responsible body need not be the majority of the profession. It appears that the courts allowed the medical profession to set their own standard. A doctor simply needed to provide an expert testimony and the courts assumed that it must be responsible. In exceptional cases, the courts perceived some established practice to be substandard, however it appears that only one reported case has materialized where such a judgement has occurred. The case, Hucks v Cole, where a woman contracted puerperal fever due to her doctor failing to treat her with penicillin for her septic toe and finger. Although a number of distinguished doctors gave evidence that they would not have administrated penicillin, the Court of Appeal found the defendant to have been negligent. The Judge, Sachs LJ, commented that the courts have to be in a position to verify that the medical opinion stood up to logical analysis and that they are not merely tailored to fit the requirements of the respective parties cases. This judgement was one of rarity, as Judges would not ordinarily cross examine a doctors opinion on a logical basis. 2.3 Often cases were even more favourable to the doctor, as is witnessed in the case Hatcher v Black. In this case Lord Denning stated, â€Å"As a matter of law it might be justifiable for a doctor to tell a lie, when he only does that which many a wise and good doctor would do.† It can be concluded from this that it is entirely for the individual doctor to determine what to inform his patient, even if the doctor went so far as to opt for what his lordship termed a therapeutic lie. Professor Michael Jones expressed the state of play as a football score, â€Å"In six medical negligence claims before the House of Lords between 1980-1999 the score stood at Plaintiffs 0, Defendants 6†. 2.4 The Bolam test which was adopted by English law focused on accepted practice and responsible profession opinion. The story was very different in America, as the American Courts rejected the professional medical standard and instead emphasised the patients right to know what the risks are inherent in the treatment. In Canterbury v. Spence a US Court stated that the prudent patient should prevail and its the doctors duty to disclose to their patient any material risk in a proposed line of treatment. The prudent patient principle emphasises what the doctor needs to inform the patient, according to what the average reasonable patient would want to know about potential risks and treatment options. This is made evident when the Judge commented, â€Å"A risk is material when a reasonable person†¦.is likely to attach significance to the risk† Contrary to the English Courts, the USA placed more importance on the patients rights and exigencies than those of the doctors. However, soon after the Bolam decision the English law was making changes towards incorporating this American style of law, to incorporating the doctrine of informed consent. 2.5 The question that needs to be examined is to what extent the Bolam test does or should apply to the duty to inform. Sidaway v Board of Governors of the Bethlem Royal Hospital was the subsequent, leading case to appear before the House of Lords that approached such a matter. While the majority of Lordships legitimatised the traditional test expressed in the case of Mr Bolam, the individual judgements were small steps towards informed consent. Four out of the five Law Lords rejected the transatlantic test that a duty to inform a patient should be based on the reasonable or prudent patient and Lord Scarman alone favoured this manner of law. 2.6 Lord Scarman made it apparent that he considered the patient to have the right to choose what happens to his body, which signified the patient needs to know the risks so can exercise an informed choice. He went on to express what he held to be the suitable relationship between a doctor and his patient, â€Å"There is room in our law for a legal duty to warn a patient of the risk inherent in the treatment proposed†. He went on to consider the doctrine of informed consent and its relevance in the Canterbury case, â€Å"I think the Canterbury propositions reflect a legal truth which too much judicial reliance on medical judgment tends to obscure† Lord Scarman acknowledged the patients rights and that the prudent patient principle made the doctors much more accountable for their actions. As such he rejected the current medical practice that a patient will be informed if he needs to be, as opposed to if he wants to be. Doctors, in Lord Scarmans view, should be liable where the risk is such that in the courts view a prudent person in the patients situation would have regarded it significant. He appears to suggest that the onus proof rests on the doctor to satisfy the court as to the reasonableness of any non-disclosure and therefore suggesting a support for informed consent. However, it must be noted that he did not find in favour of Miss Sidaway, on the basis that she failed to establish that the less than one per cent risk was such that a reasonable patient would consider significant. 2.7 In spite of this the speech of Lord Scarman has stood as a symbol of hope to those who argue for informed consent to be introduced into English law. Lord Diplock rejects Lord Scarmans scrutiny, as he maintains that the Bolam test covers all aspects of the doctors duty to care to his patient. However, he distinguished from the position where a patient asks a question about treatment, by stating â€Å"if the patient in fact manifested this attitude by means of questions the doctor would tell him whatever it was the patient wanted to know.† This illustrates that while Lord Diplock believed doctors were not be required to inform the patient of risks, he does not fully discount the patients rights. Lord Bridge also rejected the notion that a patient should be warned of all risks, yet â€Å"when questioned specially by a patient of apparently sound mind about risks involved in a particular treatment proposed, the doctors duty must, in my opinion, be to answer both truthfully and as fully as the question requires.† This gives the patient the option of asking for information from the doctor and if the doctor failed to do so then his duty of care could be in breach. However, Lord Templeman, expressed that this is not clear cut, as â€Å"the court will be slow to conclude that the doctor has been guilty of a breach of duty owed to the patient merely because the doctor omits some specific item of information.† It was important that Lord Scarman recognised the doctrine of informed consent and that the remaining four judges recognised the meaning of a patients ability to enquire and the doctor responsibility to notify. 2.8 It seemed that English legal system was initially hesitant to adopt informed consent into medical law. However, the approach taken in the case Gold v Haringey Health Authority contradicts that expressed by their Lordships in Sidaway. The claimant, in this case, indicated that she did not wish to have any more children and was advised to undergo a sterilisation operation after the birth of her third child. The operation was carried out but the claimant later became pregnant and gave birth to her fourth child. The Judge at first instances applied his own analysis as to what information the doctor should have given and found the defendant negligent. Upon appeal, Lloyd L.J held that the Bolam test should be strictly applied and he dismissed the view of the judge prior to him. He asserted that for the purposes of establishing the test as to the duty of care owed by a doctor to a patient no distinction needed to be made between advice given in a therapeutic and non-therapeutic context. In reference to Sidaway he stated, â€Å"the House of Lords could have adopted the doctrine of informed consent favoured in United States of America and Canada, but the House of Lords decided not to follow that path.† It seems clear from the Sidaway judgement that the nature to inform is more extensive than that of the Bolam test where no information is required. The decision in Gold repealed any progress been made towards informed consent and the judgement seemed to convey patient autonomy to be rather trivial 2.9 The view of Diplock in Sidaway has been regarded as the authoritative statement regarding the extent of the doctors duty. There has been a move away from the Diplock approach as seen in the case Pearce v. United Bristol Health Care NHS Trust which altered the analysis of a doctors obligation. Mrs Pearce, who was expecting her sixth child, was two weeks past her due date of delivery. She discussed the possibility of induction with her obstetrician who warned her of the risks of induction and caesarean surgery, but did not tell her that there was a 0.1 to 0.2 per cent risk of stillbirth associated with non-intervention. Mrs Pearces child was stillborn and she alleged that failure to warn her of the full risks was negligent. Lord Woolf, in this case, held that the patient had the right to know and stated the doctor should normally inform a patient of â€Å"a significant risk which would affect the judgment of a reasonable patient.† It was decided, however, that while a doctor is under an obligation to warn, the 0.1 to 0.2 per cent risk of stillbirth was not classed a significant risk. While the Pearce judgment did not go so far as to fully accept the doctrine of informed consent, it adopted elements of the reasonable test. The judgement goes a certain distance to reconcile the approaches of Lord Scarman, Lord Bridge and Lord Templeman in Sidaway. It isolated Bolam, which by Professor Margaret Brazier,who has wrote many publications on issues of medical law, was considered good as Bolam was â€Å"out of control and out of context, it came close to acquiring democratic status in some quarters.† The test for duty to warn was now suggested to be that the reasonable doctor must tell the patient what a reasonable patient wanted to know. The judgement signified a more patient-friendly approach and made greater demands on the level of disclosure. Chapter 3: Further development towards the doctrine of informed consent 3.1 The medical professional has taken steps to further achieve the full introduction of informed consent into the medical world. The General Medical Council (GMC) produced comprehensive guidance to, doctors on seeking the patients consent in Seeking Patient Consent: The Ethical Considerations February 1999 (appendix I). These guidelines make particular reference to the requirement on doctors to attain informed consent, a doctrine which a few years earlier was alien to English law. Since 1992 Professor Sir Ian Kennedy LLD, a former member of the GMC, has been arguing that doctors need specific guidelines on what constitutes good practice. At that time he was the voice of the minority, however due to dramatic change in the doctor-patient relationship the GMC recognised guidelines needed to be established. The standard adopted in these guidelines resembles elements of the prudent patient test specifically that of the judgment made by Lord Scarman in Sidaway. Guidance from the GMC directs doctors to†¦take appropriate steps to find what patients want to know and ought to know about their condition and its treatment. Andrew Hockton believed that the guidelines, â€Å"should now be considered to amount to more an ethical obligation: they provide at least, a starting-point for measuring the extent of a doctors duty of care to patients† It appears that the guidelines are considered to be a benchmark for doctors to monitor their legal duty of care, to which the Bolam test fails to create. This dissertation professes that perhaps this is the responsible body of medical opinion and it seems the medical profession are setting a higher standard for both themselves and the patient. 3.2 It must be noted the development of the Human Rights Act 1998, has extended the doctrine of informed consent in medical treatment. Incorporation of the European Convention of Human Rights under the Human Rights Act encourages the courts to focus more on the patients rights. This area of law includes Article 2 (the right to life), Article 3 (prohibition on inhuman or degrading treatment) and Article 8 (the right to respect for private and family life which includes the right to bodily integrity). The case R(on the application of Wilkinson) v Broadmoor Hospital illustrates how the introduction of the rights affected certain aspects of medical law. A mental patient appealed concerning a decision to administer treatment without his consent and under restraint. He claimed it infringed his rights under the European Convention of Human Rights 1950, Art.2, Art.3 and Art.8. The judge allowed the appeal stating that under the 1998 Act, it was no longer appropriate to forcible treat detained patients without a court judgement granting so. While the decision in this case would not have been so without the introduction of the Human Rights Act, it had little effect on the majority of medical consent cases. The Act was expected to have a great impact upon issues of medical consent, however it does not seem to have made a dramatic difference on the Courts decision making. 3.3 The most recent case that has dealt with the issue of informed consent is Chester v Afshar, where the claimant underwent surgery and suffered nerve damage leading to paralysis. The surgeon failed to warn Miss Chester of the inherent risk in surgery and the House of Lords decided that the risk was of sufficient quantity to determine the defendant had inadequately warned. The case is considered to show the importance the courts attached to the principle of autonomy, as Lord Hope reiterates when he states, â€Å"the duty to warn has at its heart the right of the patient to make an informed choice as to whether and if so when and by whom to be operated on.† The claimants evidence verified had she been warned of the risk she would not have agreed to surgery without at least seeking a second opinion on the necessity and risks of surgery. Therefore, a causation link was adopted by the courts to further prove negligence by the doctor. 3.4 In this case it was sufficient for her to prove that, if properly warned, she would not have consented to the operation. Dr Afshar was found to violate her right to choose, which meant she was unable to seek further advice or alternatives. Therefore, a claimant pursuing a claim in this area must prove if the information had been given, their decision as to the treatment would have caused extra consideration. Lord Steyn asserted that individuals have a right to make important decisions affecting their lives for themselves†¦in modern law paternalism no longer rules. This case was a ground breaking decision by the House of Lords, as it introduced fully informed consent and it addressed the purpose and rationale behind a doctors duty to warn. 3.5 Historically the law as taken the view that doctors are honourable and true, essentially allowing the medical profession themselves to dictate the duty to disclose. As a result of the decision made in Chester v Afshar this outlook has changed somewhat and it appears to provide a new dawn for patients rights. It has created a remedy for patients who have received insufficient information, where previously the majority of case had failed to provide such a remedy. The days of Lord Denning are long gone, meaning the doctor-friendly Bolam principle has practically been condemned worthless. While the judgement can be seen to address the reality of responsible expectations of society, it seems the judgment leaves the court with a difficult job determining who, between the patient and the doctor, is effectively legitimate when it comes to what information is disclosed. More specifically the outcome is likely to be met with distaste from doctors and there is already evidence of growing concern from within the profession. Despite the doctors concern the law of informed consent has moved on considerably from the reality where the majority of cases would fail to offer a remedy for those who had not been completely informed. As was stated by Sarah Devaney in a Medical Law Review, that back then, â€Å"It did not matter whether or not doctors were wearing the flak jackets of consent, as patients wishing to make claims about lack of information were in any event carrying unloaded guns. However, after cases, time and the materialization of certain events the doctrine of informed consent began to take effect in English law. Chapter 4: The Degree of Sufficient Information 4.1 Informed consent is based on the requirements of appropriate information to allow patients to make an informed choice. The law fails to formulate a standardize figure which can be consider significant and therefore it can only be gauged on previous cases and what the accepted amount has or has not been within these circumstances. More specifically, as no clear indication has been articulated, the judgement will be dependant on the individual facts of the case, as long as this coincides with the authoritative case law. What is clear is that failure to advise sufficiently as to the nature and purpose of the procedure may give rise to an action against the doctor. If the patient is given inadequate information, then how they able to make an informed decision and therefore be said to have given real consent? 4.2 The leading case Chester v Afshar (as discussed above) contradicted any previous beliefs of the court and that of the medical profession. The case prior to Chester was Pearce v United Bristol Health Care (as discussed above) where Lord Woolf stated that the doctor should normally inform a patient of a significant risk which would affect the judgement of a reasonable patient. It considered the balance of percentages and whether this balance would have effected the patients decision to have the treatment. The risk of 1-2 per cent in this case was not considered to be sufficient to represent a significant risk. The decision in Chester made it clear that a 1-2 per cent risk was an adequate percentage for the doctor to warn the patient. Even though, the doctor appropriately informed according to the Pearce decision and the GMC standards, Chester v Afshar brought a new way of thinking to the table. 4.3 Chester disregarded the concept of what a reasonable patient would want to know and instead looked at what each individual patient wanted to know for themselves. This meant it was more plausible for the doctor to consider the patients personality, concerns and wants and information given must be relevant to the patients decision. The involvement of the causation link enabled patients to assert their rights over decision not only on the surgery itself, but in addition on the circumstances in which it was under, for example the time, place and in whose hands the operation should be performed. The causation link made it easier for patients to receive a remedy at law, as long as they could prove that had they been sufficiently warned of the risks they wouldnt have undergone the treatment. This does not mean they need to prove that they would not have had the operation at any time, just not at that moment in time in which they did. The doctor needs to make acknowledgment to both warn of a significant risk and risks which a patient would consider relevant, even if not below significance. It left the doctors with the delicate job of determining what information individual patients wanted to know. This contemporary approach sent shock waves through the medical profession and the GMC had to amend their guidelines, as they now failed to reach a high enough standard. The new guidelines can be found In Good Medical Practice 2006. (see Appendix II) 4.4 Professional guidelines now go further and state the doctor must do his best to discover the patients individual needs and priorities to analysis what information that individual may require. When consenting to treatment patients should be aware of certain factors such as, diagnosis, prognosis, various treatment options, probabilities of success and possible side effects. This was the situation in the case Smith v Tunbridge Wells Health Authority, where a claim was brought against a 28 year old man who was not warned of the risk of impotence inherent in rectal surgery. His claim succeeded despite the risk being considered significantly low, as the judge found failure to warn such a patient of a risk of such importance to him was neither reasonable nor responsible. The doctor needed to have balanced the small risk of importance against the importance it possessed on his life. 4.5 The most effective way of obtaining consent that is currently in the English medical system is consent forms. Consent forms place emphasis on the patients rights; it gives them a sense of control and perhaps recaptures some of the faith that is said to have disappeared between doctors and patients. There is no requirement in English law that consent forms should be in writing, however the Department of Health have recommended the use model consent forms (see appendix III). The most prominent aspect is the fact it does not shy away from informed consent and instead seems to embrace it. It attempts to ensure that patients are aware that they are entitled to ask questions and expect explanations do with the medical treatment they receive. Unfortunately this way of operating is time consuming and is limited to operations and major procedures. It would not be viable for such things as checking a patients throat or examining a patients stomach, as these everyday occurrences are too frequent and considered to be too minor. Some see the consent form as purely evidential yet other believes them to signify fairness to both the patient and the doctor. It creates patient awareness of the fact that they have the right to know and for this right to be attained the patient needs to make it aware what they specifically want to know. This does not extinguish the doctors duties, he must still follow the guidelines set out in obtaining informed consent, for example, explaining the treatment and its implications. In the case Abbas v Kenny the judge stated the obligation is not placed upon the patient and it simply reaffirms their rights, yet it is still the doctors responsibility to â€Å"take into account the personality of the pati ent and the likelihood of misfortune.† 4.6 Even if a warning is given, it can not be consider a suitable warning if it is insufficiently clear to the patient and affects their ability to make a decision on information they fail to comprehend. The doctor must take responsible steps to ensure that advice is understood by the patient. To what extent is it the doctors duty to make sure the patient understands? Chapter 5: A Patients Capability to Understand 5.1 There is a rebuttable presumption that adults have capacity to consent to or refuse treatment. Therefore to make consent valid they must possess the capacity to understanding the method, consequences and benefits. If one fails to understand the information given and the inherent risks of treatment then it can not be regarded as informed consent. Care must be taken to not automatically presume those with learning difficulties are incapable; it is important for doctors to not underestimate a person from their faà §ade. Capacity is not a question of decree of intelligence or maturity of the person concerned, it incorporates elements of ability and belief. 5.2 There are different functions of what must be understood. The must frequently cited case in this context is Re C (Adult: Refusal of Medical Treatment) in which, Thorpe J, held that the person must understand the nature, purpose and effect of the procedure. In other words, sufficient knowledge constitutes the general functions of treatment. Another function that capacity can occupy is that held in Re T (Adult: Refusal of Traetment) where Lord Donaldson referred to knowledge in broad terms of the nature and effect of the procedure to which consent was given. The level of understanding was made important in this case and that this will differ according to the gravity of the decision. More specifically, the more serious a decision the greater capacity required and accordingly patients may have capacity to make some decisions but not others. 5.3 Assessment of a patients capacity is determined by reference to the Thorpe. Js three stage test in Re C it states the courts will assess the patients ability: to take in and retain treatment information; to believe it; to weigh that information, balancing risks and needs. In this case, a sixty-eight-year old patient was being detained in a special hospital, as he survived from schizophrenia. Despite this, the Judge ruled that the patient remained capable of understanding what he was told about the proposed treatment and the proposed risks involved. By satisfying the three points, a patient can verify that information can be given by the doctor, thought through and decided on and therefore the doctrine of informed c