Gun Control Essay

Gun control is not one issue, but many. To some people gun control is a crime issue; to others it is a rights issue. Gun control is a safety issue, an education issue, a racial issue, and a political issue, among others. Within each of these issues there are those who want more gun control legislation and those who want less, on both sides of this issue, opinions range from moderate to extreme. Like most topics relating to government and its ruling ability, the topic of gun control is based heavily on political affiliation. Since the 1950’s the majority of the Republican Party have strongly opposed gun control efforts, and have been aiming to shoot down legislation enacted at the local, state, and national levels. The republican viewpoint of anti-gun control has strong backing by the National Rifle Association (NRA) and many other gun control-lobbying organizations. The party insists on increased enforcement of laws already in place and stronger penalties for those who disobey , rather than creating entirely new gun control measures. On the other hand the popular view among the Democratic Party is for the enactment of new legislation for gun control. This party bases their argument on a loose interpretation of the constitution believing that the individual has the right to bear arms but under reasonable regulation. The Brady Campaign and the Coalition to Stop Gun Violence (CSGV) are organizations that back the Democratic Party’s views of pro gun control. Guns are not for everyone. Certain individuals cannot handle a firearm safely, and some individuals choose to use firearms inappropriately. Our society has passed laws regulating the ownership and use of firearms, and more legislation is being considered. Most of this legislation restricts, to some degree, the rights of individuals to possess or use firearms. Some restrictions may be necessary, but some recent legislation may have gone too far. Society benefits from firearms in the hands of responsible citizens and attempts to keep firearms away from these citizens whom do more harm than good. The Brady Bill is one example of an attempted solution to the problem of gun control. The Brady Bill is named after James Brady, who was shot by John Hinckley during an assassination attempt on President Reagan in 1981. Supporters of the Brady Bill used that incident to gain support for their gun control legislation, claiming it would reduce crime and save lives. In November 1993 president Bill Clinton signed the Brady Handgun Violence  Protection Act, otherwise known as the Brady Bill, into law. This bill required a 5 business-day waiting period for licensed dealers so that law enforcement may conduct background checks on the potential handgun buyers. The idea behind this bill is to screen out felons and other dangerous people from acquiring handguns. This required waiting period also subsequently stops enraged people from buying guns in the heat of the moment, and gives the individual time to cool down and think about their actions. The Brady Bill was essentially an improvement of the 1968 Gun Control Act, which laid out the types of people that should not be armed like felons, youth, and the dangerously mentally ill, but it did not implement a system of verifying that people were telling the truth when they purchased guns at gun dealers. During the 1990’s Richmond Virginia’s homicide rate was among the highest in the nation for cities with 100,000 plus people. Unsurprisingly 85% of the homicides in 1997 were committed with guns, with 40% being drug related, and 60% of the crimes were committed by prior offenders. To counteract this rising homicide rate republican governor James Gilmore teamed up with the NRA in order to create a program that increased the penalty entailed with the illegal use of firearms. The federal program, Project Exile, formally initiated in February 1997, shifted the prosecution of all gun crimes immediately to the federal level, rather than the state. Illegal gun possession offenders are subject to a mandatory minimum sentence of five years in federal prison without the possibility of parole. Project Exile also mandates a 15-year prison sentence without the possibility of parole for felons caught in possession of a firearm during the transaction of the crime. Offenders are â€Å"exiled† to federal prison and with such a bold prison sentencing this law became well known on the streets. The program was an instant success. In the first 10 months of 1998 homicides in Richmond Virginia were down 36% and the number of firearm related homicides were down 41%. 196 people were sentenced to an average of 55 months in federal jail and 440 guns were seized. Since this program began, it has now been set to place in cities such as Baltimore, Chicago, Miami, and Philadelphia. Because of the Republican Party’s involvement they use Project Exile as a model suggesting that the party doesn’t ignore gun control issues. In the District of Columbia there was a law that made it illegal to carry unregistered firearms and prohibited the registration of new handguns. This  l aw also required any previously owned firearms to be kept at a disabled state which means the guns had to be unloaded and dissembled or bound by a trigger lock. The only exception was that the individual could be granted one-year licenses by the police chief. Special D.C. policeman Heller applied to keep a handgun in his home and was denied the right. So he took his case to the court basing his argument on the second amendment. In 2008, in the Supreme Court case 554 of The District of Columbia Vs. Heller, there was a 5-4 decision stating that the second amendment protects the right of the individual to posses a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. The court found that the total ban on handguns, and the requirement to keep them disabled, violated their right. The second amendment states: â€Å"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.† With militia meaning all males physically capable in acting for common defense, the founding father s included this in our Bill of Rights because they feared the Federal Government might oppress the population if the people did not have the means to defend themselves as a nation and as individuals. Aside from approving legislation that allows firearms in national parks and Amtrak trains, President Barrack Obama has virtually stayed silent when it comes to the topic of gun control. This may be result of the anti-gun control policies of previous president George W. Bush or because of the lack of votes from pro gun areas like the rural South and the Midwest. In his presidential campaign leading up to 2008 the president stated that he was in favor of gun control policies, including reinstating the assault weapons ban and creating new legislation against concealed weapons.

College vs. High School Essay

High-quality education is a significant part of everyday life. To accomplish that education, most people went through a transition from high school to college, two major milestones in most people’s lives. There are many differences between these two institutions. Some students may adapt and transit from the life of high school to the life of college without much difficulty, while others may take years to grasp the differences and cope with it. High school and colleges are both made to educate, but with differences in terms of classes, responsibility, and social life. One of the main differences between college and high school is the classes in general. In high school students attend class for six hours every day for five days. Information is provided mostly through classroom discussion and reading that is assigned. Assignments in high school are usually broken down into a step-by-step task. Quizzes are usually given on a weekly basis, and tests come up at the end of every chapter. College, on the other hand, consists of twelve to eighteen hour school weeks and the classes are split in to semesters. There is more writing with longer papers and essays, a lot of out-of-class research that is usually done in the library on the students’ own time, and few to no assignments given in class. Compared to high school, there are few quizzes in college and only about one test a month that covers much more material. The level of responsibility is a big difference between high school and college. In high school teachers monitor the students’ progress and are likely to offer clarification when to them when it is needed. They also take attendance every day, check students’ work constantly, and briefly lecture while highlighting the main points. In college professors lecture and expect the students to acquire knowledge and facts from outside reading and library research. The students must also monitor their own progress and ask for clarification if needed. Out of the classroom responsibility is also very distinguishable. Some students come from a home where their parents do a lot of things for them such as laundry, cooking, and making sure they make it to school. In college it is all up to the students to do all of these tasks themselves. The social life between high school and college students has a noticeable difference. Parents can control or have a big say in what their kid is doing in and out of school. They can make their kids be involved in different activities such as sports, clubs, and plays. They can also have a big influence on who their children hang out with, and can restrict the hours in which they do hang out with those friends. This can be a good and bad thing. When parents don’t let their kids learn from their own mistakes they may repeat them later on in life when their parents aren’t there to help them back up. College is a completely different story. It all becomes the kids choice, what they want to be involved in, who they what to hang out with, and when they want to hangout. Making these choices can also be very stressful for students resulting in bad judgment. Although there are many differences between high school and college there are also some similarities. Grades are very important in both high school and college because they reflect the student’s future whether it’s for the career they are pursuing or the college they would like to get accepted to. In high school and college the main objective is to learn and become more knowledgeable to help prepare students for the big world ahead of them. The courses taken in college are very similar to those in high school, just more advanced. They have a similar structure in the way they teach. They both have teachers, textbooks, tests, some sort of homework, and of course the dreaded final exams. Throughout the entire course the teachers are preparing the students for the final exam so they can move on to a more advanced class. A lot of the basic rules in high school and college tend to be the same. Athletics plays a big role in both high school and college. Schools depend on sporting events to bring in additional money. Every step of education from kindergarten to college has the same goal in mind, to teach their students how to play a productive role in society. Learning how to read and write in elementary school, and improving it in middle and high school makes it possible for college student to write fluent essays, and read and understand chemistry and literature books. If the students are able to understand it all, pass the classes, and earn a degree, they can now get a job and become a productive member of society. Even though high school and college may have many differences, they are very closely connected and are major milestones in most people’s lives.

MGMT Essay Example | Topics and Well Written Essays - 250 words - 2

MGMT - Essay Example As a result, the company has been successful in satisfying large set of targeted customer groups. Innovative designs make Apple Incorporation unique thus giving it an immense competitive advantage over its competitors (Ireland, Hoskisson, & Hitt, 2008). The availability of strong marketing teams is another core competency for apple Incorporation. These teams are composed of highly qualified and most competent marketing professionals. Spread all around the globe, the marketing teams play a very important role in raising the company’s customer base thus creating a great competitive edge. Strong financial performance is also a core competency for apple incorporation. Apple is a company that is very strong financially. Between 2003 and 2008 apple Incorporation tripled its sales revenue from $24million to $3.4 billion. Thus, the company is able to r pay large amounts of money to the most qualified professionals (Ireland, Hoskisson, & Hitt, 2008). Lastly but not least, availability of a very strong brand reputation for its products is a key core competency for Apple. Its products include iPhone, iMac, iPod and Mac hardware and software. The products have enhanced features and colors, which make them more appealing. In addition, the ability to produce music, video and electronic records in the devices have helped Apple in gaining valuable recognition of its brand (Ireland, Hoskisson, & Hitt,

Pick any of Emerging markets - India or China and write a research Paper

Pick any of Emerging markets - India or China and write a regarding them - Research Paper Example 8). Clothing and footwear also accounts for 10.5% of the total sales in retail. The â€Å"entertainment, books and sports goods equipment† registered a CAGR of 21.3% in the financial year 2007 and 2012. According to Research and Markets, the retail industry in India has grown at CAGR of 14.6% in the financial year 2007 to 2012. The growth is influenced by the growing economic rate, change in the consumption pattern of the populace which are driven by higher standard of living, greater proportion of women, growth in middle class population and the increased level of penetration of organized retail segment. Despite of the prevailing growth rate, the retail segment of India remains fragmented with the organized sector still accounting for a miniscule percentage of the total market size of Indian retail market. The organized retail segment however accounted for a CAGR of 26.4% of the total retail. However with global and Indian economy reviving from post recession, the organized r etail segment has witnessed a gradual increase in the footfall during FY2011 (Research and Markets, 2012). ... The Indian retail segment is pegged at 500billion US dollar and is further expected to attain US $1.3trillion by 2020 and the organized retail sector is expected to reach about 25% by 2012. Indian e retailing market also has high potential for future growth with estimates to be US 1.26billion by 2015 and currently the e-retail segment accounts for US$ 361.66million (IBEF, 2012). In 2011, the Central Government of India had announced reform with respect o retail for both single brand and multi brand stores. The market reform have paved reform for competition and retail innovation with the multi brands such as Carrefour, Tesco and Wal-Mart and also for the single brands like Nike, Apple and IKEA. India had approved reform in January 2012 providing with the opportunity to innovate in the retail market with 100% ownership but for single brand imposed 30% of requirements of goods from India (Gupta, 2012). The Indian retailing structure can be divided into two groups, the organized and the unorganized retail sector. The unorganized retail sectors are the vendors, handcart, kiranas and others. This sector contributes to 98% of the total retail value. But with FDI in picture, the retail sector is expected to shrink employment in the unorganized sector and latter expand in the organized sector. The organized sector is undertaken by licensed retailers who are registered under income tax and sales. Another form of retailers is the in store retailers also known as brick and motor formats and are designed in order to lure its customers. Different kind of stores such as branded stores which appear in the form of executive showrooms, multi brand specialty store, department stores, convenient stores, supermarkets and shopping malls (Economy Watch, 2010). Liberalization and

SWOT Analysis of Smartlinc Inc Essay Example | Topics and Well Written Essays - 1000 words

SWOT Analysis of Smartlinc Inc - Essay Example Attracting the best and the brightest people is fundamental in the company as it has focused on the recruitment of a smart, successful group of employees who buy into the vision while challenging and motivating one another. The organization has taken much consideration for planning the launching of their smartphones. The initial stage of the planning process includes devising a SWOT analysis as a means of establishing a market position and maintain it to be the best in the industry.Smartlink’s smartphone presents a clear pattern of evolution from the brands presented by its competition. Some of the superior specs of the smartphones include new and better SoC, a high-quality camera, TouchID and a faster modem. The rear camera of the new smartphone has higher resolution photos and supports 4K video recording compared to other smartphones in the market. The smartphone also has a front-facing camera with a higher resolution. While most smartphones in the market have a 2 GB of RAM, Smartlink’s smartphone has a RAM of 4 GB. It also has an improved bandwidth and enhanced power. As such, the modem and the WiFi chipset are capable of a higher throughput and only use less power. Due to the ease with which smartphones are getting obsolete, this company seeks to design a new design of smartphones in which users can upgrade their smartphones to the next generation through the installation of a software. Smartlink Inc. prides in having an excellent team of employees who are highly competent in handling the design and infrastructure of the new smartphone.  

Is Wal-mart a net asset or a net liability to U.S. workers Research Paper

Is Wal-mart a net asset or a net liability to U.S. workers - Research Paper Example Other businesses in this part, for example Target, have identified the alterations in gas charges to double-check clients that their charges will be even better. Wal-Mart did the identical thing by supplying value services and discounts (Luce 2005 187-204). This submission is an equitably balanced even offer as well. Because the 2006 report was high, it entails that Wal-Mart had powerful sales, on the other hand, the percentage is even higher for 2007 propose that sales this year were even better, which stops too much supply left. Wal-Mart is founded in part on the obligation to assist run their every day sales. Analyzing the liability they use, it was advised more of liability utilized in 2007 in evaluation with 2006. Total liability in 2006 was 1,592 in evaluation with $ 2.007 billion in 2007. Debt ratio for 2007 was 30% in evaluation to 25%. It does not notify us too much on liability administration in esteem of each year. Increased from 5%, which notifies us that there is a requi rement for more liability, but not seriously? This displays that, in evaluation with 2006, the business has stayed steady in periods of assets relation to liability, and assets have expanded as well (Preinreich 2008 219-241). This may be rather deceptive, since the liability has expanded from less than $ 500 million. Since this business does well, it is conspicuous that this number should extend to drop, suggests that the business does well. Since lenders address these accounts to glimpse if the business will manage good agreements on their borrowings and bonds, it is imperative that Wal-Mart extends to convey those figures down. Reports and numbers to assess the total snare earnings of Wal-Mart were so straightforward to work out because of the advantages before, in 2007 in evaluation with 2006. Net earnings margin was 0,057 to 1 in 2007, as snare earnings of $ 2,016,000, while total incomes amounted to 35.214 million. Net margin ratio in 2006 was 0,055 to 1. This connection is sig nificant for investors because it displays how much earnings is made for $ 1 of income. As the earnings was good in 2006, it is conspicuous that the earnings was established earnings was affirmative, in detail, there are considerable profits. ROI was furthermore affirmative in 2007 due to snare income. Return on assets was 0.30 to 1 in 2007, in evaluation with 0.33 to 1 in 2006. ROI is utilized to display how to organize Wal-Mart to develop income. It is conspicuous that in 2007, this work has been finished a little better than in 2006. For investors, it is significant to understand how the administration business does, and it is conspicuous that the authority of Wal-Mart desire to save what they manage, because it devotes you a very good profit. Return on equity Wal-Mart is furthermore a bit better. In 2007, come back on equity was contradictory in 30% in evaluation with come back on equity for 2006 was 28%. For evaluation, in 2007 was much better than in 2006 due to snare income. This evaluation displays that in 2007; shareholders obtained a decent allowance of come back on their investments for the year 2006 shareholders, who have won, but not as much as in 2007. In supplement, a powerful sign that even in 2006, investors extend to invest in this business in 2006 (Fishman 2006 45-69). Currently, the cost per share

Can anarchism be a viable political system Essay

Can anarchism be a viable political system - Essay Example It can as well be full of wreck of all order, wars and murder of all kind but no one is held accountable for all that (Suissa, 2010,pg 56). But anarchist do believe that anarchism always begin with a view that individuals are naturally good, and that the external authority such as; governments, laws, institutions among others are the ones that limit potentials and results into bad behaviors. Anarchists are against all forms of government or any coercive authority and hierarchical control. This led to the emergence of theories which were against the oppression and inequality in the society of all forms. The class struggle as a result of enslavement of the labour force and their aspiration to liberty gave rise to idea of anarchism. Most anarchist theories aimed at creating a classless and a stateless society. They were against Marxist theory whose main agenda was to be aware of the discrimination and repression, why they existed, their origin, what role they play an how to overcome the m. To understand all these they needed to explain them historically. Marxism begins by looking into the origin of class and state; according to them, the different classes in the society are as a result of struggle for existence which is unavoidable (Vodovnik, 2012, pg 43). This puts an individual in chains and yet people are born free. Their dependence on nature and struggle for the economization of labour therefore forces them to walk up and down in search for work from the capitalist. Those who own the means of production, they maintain the social order by oppressing the laborers. The state authority is therefore developed to maintain economic inequality and play a fundamental role in the society. Anarchists are opposed capitalism for being exploitative as well as authoritative. Where workers do not govern themselves in the production process nor do they have control over the product of their labour. Most of the capitalists if not all get them involved in the government, this a r esult of states getting their powers from the ruling economic class, whom in turn are served by protecting their property and generally maintaining the status quo (Chomsky & Otero,2004,pg 54). Since the state of power literally depends on the economic relations of a given state, therefore it is upon the bourgeoisie to revolt against the government. This is only possible if they come together and democratically develop an economy based on their own interest, they form workers’ committees to represent their wishes, and this would enable them to take control of their state apparatus whenever they need. But anarchists seek to bring about a condition of anarchy with a decentralized society that is organized through federation of voluntary associations (Glasberg & Shannon,2011, pg 62). They are opposed to all forms of religious power, the state as well as free enterprise economy. Their view on the representation kind of government is that it is the root cause of the challenges face d by the people. According to the anarchists, the state of anarchism promotes the dissolution of a state and the governmental tools that brings about oppression and inequality. They do this through rejecting the few elites who hold powers in their hands and misuse them (Dorra, 1995, 81). Their argument is that each and every individual in the society should be responsible for their own behavior, the community and the society. Everyone should be liberated

Construct a profile of the ideal readers of Time and Heat. Remember Essay

Construct a profile of the ideal readers of Time and Heat. Remember that to do this you must demonstrate the validity of the profile in relationship to evidence - Essay Example One magazine is entertainment with the latest celeb news, the other news with occasional inserts on entertainment. One is Heat magazine, the other is Time. One is cheeky, ironic, punchy, fun; the other is serious, driven, dramatic, and dry. Much money soaks the magazine publishing market. And much is poured into increasing the pounds and dollars—with research, analysis, and aggressive sales efforts. Of the latter, with investments on the part of magazine publishers, a predominant sum goes to studying readership demographics. Such studies, which include reader usage measure (RUM), reveal determinations of attitudinal and behavioral characteristics of public place readers (magazine.org), means through which readers obtain such a magazine, degree of involvement with the magazine, and levels of satisfaction with specific magazine elements. These studies, then, determine—among many factors—who and what the target audience is. A composite readership profile exists for every such periodical. Given these facts, and based on semiotic analysis of two specific issues—both special editions—of Heat and Time, this paper will profile the targeted reader, the signifà © (signifier) Adopting the theories of semiotics, this paper will additionally work with the approaches that hold that categories within the two periodicals (as phenomena) are indispensable to the analysis of the way literature can produce feeling (Pierce)—and in the case of advertising (textual and pictorial) can instill or appeal to desire (to sell magazines and material goods). This will be accomplished in two contexts, the images and the texts—in the same regard as semioticist Roland Barthes addresses the concerns of language not as representing reality but signifying it (1957, 1970), making the job of the critic that of analysing the

Art Exhibition - What Lies Beyond Essay Example | Topics and Well Written Essays - 250 words

Art Exhibition - What Lies Beyond - Essay Example The annual art exhibition allows children to experience the beauty that lies beyond our world. By participating in this exhibition, learners will be able to broaden their scope of thinking and be more attentive to the daily occurrences in the world. In addition to this, they are able to integrate what they experience from their friend s who may be from different ethnic groups. It is also a way of inculcating an imaginative nature into their developing minds. It is important as a teacher to encourage originality and creativity. Most of these children have wide imagination, most of which is derived from watching cartoons every day. With this kind of perceptions the learners are able to draw various cultural examples in terms of religion, ethnicity, art, political and economic backgrounds into realizing what lies beyond. Therefore children such as those of K-3 can use the themes they see every day on television and come up with cultural findings. Due to their age, the teacher can inspire their imagination by encouraging personal right ups and diagrammatic representations that represents what lies

System of Inquiry Paper Research Example | Topics and Well Written Essays - 1500 words

System of Inquiry - Research Paper Example Lateness is a hallmark of laziness. It shows that the individual being late is not taking enough time out in his or her day to plan the day out so that they will budget enough time to do everything that needs to get done. People who are disorganized generally have such difficulty keeping up with all the things going on around them, that they cannot focus on what is happening now. Thus, people who are disorganized are generally (but not always) late. Once people know someone is disorganized so much that they always arrive places late, they usually don't give these people the benefit of the doubt. They probably figure that this person is so discombobulated that they have no clue how to run their own lives, and, it follows that these people are probably not trusted by many people to follow through. Being late is generally a characteristic that should be looked upon with shame. Therefore, if one is always prompt, one can be proud, hold one's head up high, and know that responsibilities were taken seriously enough to have the respect for others to come to work or school on time or early. In other words, what we do matters. ... Once people know someone is disorganized so much that they always arrive places late, they usually don't give these people the benefit of the doubt. They probably figure that this person is so discombobulated that they have no clue how to run their own lives, and, it follows that these people are probably not trusted by many people to follow through. Being late is generally a characteristic that should be looked upon with shame. Therefore, if one is always prompt, one can be proud, hold one's head up high, and know that responsibilities were taken seriously enough to have the respect for others to come to work or school on time or early. It is a hallmark of an upstanding individual in the community to always be polite. "Politeness means speaking and acting in a civil way and using good manners" ("Character Attributes," 2010, p. 1). Generally, "[p]oliteness is best expressed as the practical application of good manners" ("Polite," 2010, p. 1). One may ask, "Why be polite" Polite people are more likely to get ahead in life in many ways. People who are polite have doors opened for them, and open doors for other people (literally and figuratively). Generally, people who are mean and rude are not going to get promoted at work. Nor will rude and mean people be given the benefit of the doubt when something goes wrong in their lives. People who are rude and mean are not pleasant to be around. People who are polite are much more pleasant and inviting people, and therefore people don't mind hanging around people who are polite. Politeness will bring a person success in life. No matter who one is, politeness can open doors for people. People who are nice may be more favored to get a raise. Polite people may also be

Terminating the Patient-Provider Relationship Essay Example for Free

Terminating the Patient-Provider Relationship Essay Introduction Problem Overview With the advent of 21st century medical technology, health care procedures, ethical and legal considerations and scopes of practice among health care providers have become greatly complex. According to Servellen (1997), one of the most confronting issues of the modern provider-patient relationship is the often misunderstanding of accountability, responsibility and liability of care measures towards the patient (p.334). Legal considerations of providing care and duty of obligation of the provider towards the patients start when the health care professional enters into a relationship with a patient. However, the agreement of care relationship does not only require role of the provider. According to Scott, Ed and Scott (2005), compliance of the patient throughout the care procedures rendered by the provider is another significant component of caring process (p.162). In fact, providers include initial assessments on patient’s level of compliance prior to the start of care process, and more importantly, health professionals inform the patient about the written policy imposing the responsibility of the patient to comply with the process of health care interventions. As considered by American Academy of Nurses, if the patient becomes noncompliant or initiates actions violating professional rights of provider or the patient’s rights, the provider possesses the benefit of terminating the working relationships as considered by the appropriate grounds (Scott, Ed and Scott, 2005 p.162). On the other hand, if the provider terminates the relationship, such professional decision now confronts the issue on breaching the pledged role of devoted care and legal duty of service. Termination of patient-provider relationships is confronted by question whether or not conflicts between the professional role of the provider and the legal duty to provide care (Servellen, 1997 p.334). The current implementations of patient care disengagement largely depend on the institutional policy. According to Scott, Ed and Scott (2005), â€Å"termination of the provider-patient relationship is justified when the patient makes a knowing, voluntary election to end the relationship, either unilaterally or jointly with the provider† (p.162). Upon signing the consent of care, both participants of the care process obtain their own roles in the entire procedure of care. Mason (2004) emphasizes that the professional relationship with the patient can just be terminated due to personal or other inappropriate grounds (p.307). Termination of care is only considered ethical and appropriate when (1) the patient has already reached the maximum benefit of the procedure as supported by clinician’s judgment, or (2) when the patient has already achieved cure from the procedure. However, termination of patient-care relationship on the ground of patient non-compliance imposes a conflict issue between duty of care and patient’s participatory role in the process of care delivery. As supported by Servellen (1997), the provider’s duties to the patient, involving a breach of duty, relates to the standards of practice for all health care professionals (p.334). According to Mason (2004), termination of patient care may result to a legal accusation of abandonment, which â€Å"is the discontinuation of an established patient-provider relationship† (p.307). According to AMA, a non-compliant patient is considered as a â€Å"difficult patient† and candidate for the reconsideration of patient-provider termination of care. However, termination of care must follow appropriate procedures without interfering the continuity of patient care. Terminating the patient care somehow conflicts with the element of maintaining the continuity of care. As explained by Carter, Levetown and Foley 2004), noncompliant patients under reconsideration of patient-care termination still possess the rights of continuous care until another health care reliever has been reassigned (p.120). Moscow (2004) points out that terminating patient care without proper reliever of care is automatically considered a liability against the established patient-provider relationship contract (p.120). According to Servellen (1997), despite the protective and patient-focused approaches of the provider, inevitable times wherein a provider is confronted with situations (e.g. DNR requests can sometimes impede to patient’s right of autonomy, etc.) that can possibly or actually impinge patient’s rights can still occur (p.335). According to American Hospital Association (AHA), the four basic consumer rights state that the (1) patient has the right to safety, (2) right to be informed, (3) right to choose, and (4) right to be heard (Servellen, 1997 p.335). Considering these components as part of the reconsiderations in the ethical discussion of patient-provider care termination, it is indeed inappropriate to terminate the relationship set prior to the start of the process. As mentioned by AMA, provision of care towards non-compliant patients is still under the governance of the elements of (1) health care provider’s duty to provide continuous care, (2) fulfilling the expectations of care for the patient, and (3) carrying out the obligations of care (Mason, 2004 p.307). Terminating the care relationship set during the formal contract establishment between the provider and patient is automatically considered a breach in the legal nature of such relationship. Such action is a considerable ground for the legal liability of abandonment. Despite the issue on termination of care, there are still possible grounds wherein a health care’s refusal to care can be considered appropriate. According to Servellen (1997), provider’s may terminate or refuse care process when (1) the procedure caries physical risks to either the provider or the patient, (2) rendered care violates patient’s rights to autonomy and self-determinations, and (3) religious or moral issues followed by either of the two parties (p.335).   According to Carter, Levetown and Foley (2004), the actual patient-provider relationship is founded on trust and relationship, and not merely on legal holds or set contracts (p.120). Considering this as a form of assertion to the later supporting principles of patient-provider relationship termination, the issue on role fidelity arises as another essential consideration aside from autonomy and the contractual-based patient-provider relationship. Carter, Levetown and Foley (2004) emphasize the value of adhering to the moral and professional role of the nurse, and not solely limiting the care provision on to the patient’s level of compliance (p.120). Guided by the principle of â€Å"patient’s best interest† and fidelity, Mezey and Berkman (2000) support the idea pointing out on the idealistic elements of nursing practice wherein professionals should consider their importance in administering care under holistic and universal perspective regardless of potentially solvable conflicts (p.502). Despite of the relationship established after the setting of contact, the provider needs to consider the nature of non-equalitarian partnership and not the coequal partnership; rather, leading, establishment of rapport and serving the best interests to as the patient as the care provider must all be considered.   As supported by Shamus and Stern (2003), patient-provider relationship imposes a duty of unauthorized disclosure of contract care process without appropriate grounds (p.74). The 1996 Health Insurance Portability and Accountability Act (HIPAA) indeed protect the patients from such decisions brought by health care providers. However, compliance and sets of patient’s participatory obligations throughout the procedure count significantly on the entire health care delivery process (Shamus and Stern, 2003 p.74). Insurance of care does not only direct the obligations and tasks towards the provider but also from the patient. According to Earp, French and Gilkey (2007), patient-provider relationship is expected to work as an enhancing strategy for patient’s trust towards their health care provider. Furthermore, such relationship supports a therapeutic alliance and patient care processes involving high levels of trusts, rapport and patient satisfaction (p.195). By this principle, patients are indeed subjected to participate and cooperate in the process of health care delivery. However, in case the patient declines to participate, health care providers must not immediately terminate the procedure since they are no coequals of the patients and resistance towards care measures are sometimes inevitable. According to Rothestein, Brody and McCullough et al. (2001), health care providers must continuously administer care and interventions necessary for the well-being of the patient despite of the non-compliant behavior (p.620). In case the patient becomes notoriously incompliant to either selective or general procedures scheduled for administration, AMA suggests a series of assessment for the noncompliant behavior without involving one’s professional role outside the scope of care provision (Mason, 2004 p.307). Furthermore, the patient’s decision to not comply entirely depends on himself or herself; although, it is an important protocol consideration to check institutional policy for the proper consent documentation of such patient’s behavior. Most public institutions implement waiver signing when the patient refuses to take medications for example. According to Earp, French and Gilkey (2007), this is done for the purpose of formality and protection from possible accusations of abandonment or care quality infringements (p.195). On the other hand, when provider-patient relationship is not anymore pursuing its beneficial state or health care alliance status, AMA suggests the termination of health care management. As supported by Rubenfield and Scheffer (2006), the duty of the provider in relation to the physician-patient relationship includes (1) fulfilling the patient’s expected care, (2) carrying out the health care roles of the provider towards the patient, and (3) delivering care guided by the principles of fidelity and nonmalificence (p.96). If the provider has been determined to satisfy all these criteria, the duty to treat or provide care to the patient is indeed not violated. However, if the patient pursues his or her state of noncompliance despite of the standards of care being administered and the potential of further causing harm to one’s self, terminating the set provider-patient relationship is indeed justified. Nonetheless, as supported by the AMA Code of Ethics in 1998 Doc #1, p.5, â€Å"physicians cannot withdraw from a case without giving notice to the patient, the relatives, or responsible friends sufficiently long in advance of withdrawal to permit another medical attendant to be secured† (cited at Rothestein, Brody and McCullough et al., 2001 p.621). The health care provider is still tasked to service the patient until the reliever of care becomes available. Meanwhile, despite the legal recognitions in terminating the provider-patient relationship, the question still lies if whether or not the provider breaches his or her professional role as the higher component of the alliance considering the noncompliant state of the patient. Statement of the Problem The participation of both parties in the patient-provider relationship is an important consideration to the entire success of the health care delivery process. Once the provider accepts the task pf providing care to the patient, it is lawfully and professionally understood that the provider agrees to setup a transactional bond with the patient. According to AMA code of ethics, the setting of contract between the provider and the patient includes participatory roles from the two parties, and compliance to the higher participant of the alliance, the health care provider, must take the lead of health care management (Rothestein, Brody and McCullough et al., 2001 p.621). Added by Earp, French and Gilkey (2007), â€Å"patient-provider relationship is even ideally characterized by high levels of provider informativeness, interpersonal sensitivity and partnership building† (p.189). However, in some instances, patient may pose as the incompliant participant of the body system, which can greatly compromise the delivery of care as well as the role function of the provider. As emphasized by Servellen (1997), if the patient manifests a noncompliant behavior towards the care being provided by the assigned health care professional, the code of ethics should rather consider the termination of the bonded agreement than forcing the two participants to maintain their relationship since this can actually be detrimental to both patient’s health and provider’s role (p.336). Hence, termination of patient-provider relationship in relation to patient’s incompliant behavior can be possibly done via appropriate process of separation mandated by the institutional policies. It is important however to consider the validation of the provider’s claims followed by the written acknowledgement signed by the patient. After establishing an agreement of termination, the provider is expected to maintain the level of care being provided to the patient until the endorsement of the patient’s care to the assigned reliever. AMA has imposed significant abandonment liabilities once the provider terminates the established relationship without properly engaging to the set institutional policies. According to Rothestein, Brody and McCullough et al. (2001), terminating the established relationship between the provider and the patient without properly notifying, validating and documenting the said action will immediately resort to legal liabilities (p.621). Termination of patient-provider relationship must be laid down to the patient for recognition and prevention of legal accusation of abandonment. Despite the valid points and supporting rationales in terminating the patient-provider relationship, the issue still lies questioning the appropriateness of termination in relation to the ideal practice of role fidelity and duty of care. Due to this very reason, we have proposed a descriptive and non-experimental study analyzing the legal, ethical and moral nature of terminating the set patient-provider relationship. The objectives of the study proposed are as follows: To determine the ethical stand point of terminating patient-provider relationship in relation to the ideal principles of (a) duty of care and (b) role fidelity To determine the perceptions of the patients on the potential effects of terminating patient-provider relationship towards the level of trust and health care satisfaction Scopes and Limitations Due to the continuously evolving policies of health care system, changes in the patient-provider relationship have also evolved progressively. Despite the idealistic principles of fidelity and duty of care, health care providers still encounter inevitable instances wherein the client becomes non-compliant towards selective or general interventions implemented as part of the care process. According to Servellen (1997), instead compromising the care delivered to these patients, code of ethics have now reconsidered the procedure-based termination of patient-provider relationship to prevent the delivery of reluctant or incompetent care management due to patient’s incompliance (p.327). However, Carter, Levetown and Foley (2004) and Mezey and Berkman (2000) assert that terminating patient-provider relationship violate the principles of duty of care and role fidelity since it is always the task of the provider to carry-out the needs of the patient as guided by the principle of â€Å"patient’s best-interests† regardless of the patient’s response to health care. In this proposed study, the primary goal is to determine whether or not the ideal principles of health care (role fidelity and duty of care) are breached once the provider terminates the established relationship with the patient. At the end of the study, the following questions must be answered: What are the supported grounds for terminating patient-provider relations approved by AMA and AAN? Cite the legal, ethical and moral comparisons between the two policies. Does the health care provider breach the established relationship once he/she requested for termination due to incompliant behavior? Significance of the Study Despite the defined institutional policies supporting the process of termination, the issue on breached principles of health care still remains questionable. Federal health care organizations, such as AMA and AAN, have clarified the issue and process involving the termination of patient-provider relationship on the grounds of non-compliance and failure to adhere to the provider’s instructions. According to Servellen (1997), during the times of the HIV epidemic, termination of care is considered professionally inappropriate; hence, care provided towards these HIV patients became detrimental to the patient’s health due to the reluctance and exaggerated care measures implemented by these providers (p.327). The issue involving the termination of such established relationship covers both ethical and legal principles (e.g. role fidelity, duty of care, etc.) governing the pledged role of the provider and the assigned participatory role (e.g. patient’s rights, patient’s task of compliance, etc.) of the patient. Clarifying the care issues on the termination of patient-provider relationship is significant due to the following reasons: By understanding the limitations and defined grounds of terminating the patient-provider relationships, the study can aid in identifying the relationships of ethical principles that shall answer the confronting issue of patient-provider relationship By understanding the legal and ethical considerations on patient-provider relationship termination, the study can help in defining policy proposals on the proper procedures for implementing the termination of patient-provider relationship   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The conceptual framework of the study illustrates the proposed program of implementation addressing the issue on termination of patient-provider relationship. The conceptual framework is based from the primary goal of the study – to determine the standpoint of the termination of patient-provider relationship. By determining the subjective responses from two types of samples, patients and nurses (selected â€Å"provider† population), the procedure should be able to reveal the ethical justifications and oppositions on the subject of terminating patient-provider relationship due to noncompliance. After determining the collation of responses, the procedure analyzes the data in order to obtain significant relationships pertaining to the issue on breaching the principles of role fidelity and duty of care upon termination of such care contracts. Program Proposal f.1. Research Design   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study proposes a non-experimental and descriptively designed survey methodology as the program for analyzing the issue on termination of patient-provider relationship. Using the perception-based methodology, the study explores the different insights of the two parties involved – patients and nurses/ providers – in the issue targeted by the study. The proposed program utilizes open-ended questions depicting the different possible perspectives of the samples – approval, opposition, suggestive– towards the issue imposed. The design of the study relates to the patterns illustrated on the conceptual framework. The emphasis of the survey questions is derived from the primary goal of the study – to determine if whether or not the termination of patient-provider breaches the concept of role fidelity and duty of care.   The collated responses obtained from the survey are compared to the ethics analysis condu cted in the literary reviews. f.2. Samples and Sampling Technique Used   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The study aims to achieve the total target population of 100 patients and 100 nurses proportionately divided into two different sample hospital locales. Using a simple random sampling method, selection of patient respondents is guided by the following criteria: (1) 18 and above, (2) patients must be admitted within the hospital premises for at least two days, and (3) must be conscious and coherent. On the other hand, sampling criteria among nurses are as follows: (1) must be licensed professional, (2) must be employed and working within the hospital premises, (3) must have at least 2 years of nursing experience from the surveyed hospital locale or other institution. f.2. Data Gathering Procedure   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Data gathering procedures shall be composed of two different methodologies: (a) ethics analysis conducted in the literary reviews and (2) survey methodology implemented on two groups of samples. Ethics analysis from the literature reviews comprise of the different ideas answering the ethical disputes on termination of patient-provider relationship. In the process of ethics analysis, the principles of role fidelity and duty of care involved in the issue are the emphasis of the analysis. The main objective of this procedure is to answer the ethical standpoints of the issue based on whether the termination violates the principles of role fidelity and duty of care. On the other hand, the second methodology deals with the perceptions answering the issue on breached principles of role fidelity and duty of care through the termination of patient-provider relationship. After gathering the results of the two data sources, the integration of data is conducted aiming to answer the primary goal of then proposed study. f.3. Instrumentation   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Survey questionnaires are the primary instrument used for the gathering of data and responses from the qualified samples. The questions used have been derived from three categories inclined to the different possible responses of the respondents. Categories used include (1) approval, (2) opposition, and (3) suggestive. Using open ended-questions according to the four categories, the respondent must select their preferred side among the four categories. Approval selection depicts their positive response over the termination of patient-provider relationship, opposition is the reverse,   and suggestive implicates the possible changes they want. The results of the survey are collated for the purpose of analysis and implications of data. f.4. Program Implementations   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the process of implementing the proposed program for evaluation and assessment of the issue, methodologies shall comprise (a) ethics analysis via records review and (b) the qualitatively designed survey of the chosen sample population. Implementation process shall begin with the gathering of records and reviews on issues and bioethical discussions on termination of patient-provider relationship. In the process of analyzing the obtained data, the study shall document (a) the ethical principles associated to the termination issue, (b) the conflicting ethical principles, and (c) the violated ethical principles upon implementation of the issue. After gathering these three components, the data shall be analyzed drawing appropriate implications from the documentation acquired. With the acquired results from ethics analysis, we shall now relate these to the two principles – role fidelity and duty of care that are hypothetically breache d upon terminating patient-provider relationship.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After the application of the second procedure, the survey methodology shall now begin its pilot study with a smaller sample population of at least 10 qualified respondents from the chosen research locales. During the process of pilot testing, the research processes involving the survey questions, respondent interaction, collation of data, analysis and interpretation of data shall be tested for validation and revision in case necessary. After the pilot study, the actual survey procedure shall commence targeting a population of 100 qualified respondents from each of the two hospitals chosen. Furthermore, 100 target samples from each institution shall be divided into two comprising of 50 qualified nurses and another 50 qualified patient respondents. The total sample population shall therefore be 200 qualified respondents.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   After gathering the survey results using open-ended questions and simple random sampling technique, the results shall be collated according to the three categories of the questions used -(1) approval, (2) opposition, and (3) suggestive. The results shall be analyzed according to the data obtained from the records review. Implications associated to the ethical issue proposed (termination of patient-provider relationship) shall be drawn from the results of the interview. With the implications and analysis of the survey results, the next procedure integrates the study results from the records review and survey results to draw the general relationship between the perceptive study and theoretical ethical discussion on the issue proposed. Finally, the results drawn from the integration should answer the primary goal of the study.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1.5. PICO Analysis Table 1: P.I.C.O Analysis Population The main subjects concerning the research topic are the patients and associated providers, such as nurses and physicians. Program implementations involve similar sample groups as well (patients and nurses). Intervention Ethics analysis on patient-provider relationship utilizes the general overview of nursing and clinical care procedures (e.g. medication administration, wound care, etc.). On the other hand, the program implementation utilizes two interventions, specifically (a) Survey with corresponding questionnaires and (b) records analysis. Comparison Variable comparisons involve (a) patient perception versus (b) nurses perception on whether or not termination of patient-provider relationship violates the principles of duty to care and role fidelity. Outcomes Expected results of the study differentiate among the two parties involved. Nurses perceive the termination an ethical consideration under the basis of noncompliance and breach in the contract of relationship set prior to care delivery. Meanwhile, patients perceive the termination as an ethical breach since the tasks of the nurses must always comply with the duty to care and role fidelity. Conclusion In summary of this research proposal, we aim to determine the ethical standpoint of terminating patient-provider relationship on the grounds of patient incompliance despite the set agreement and principles governing the role of the health care provider. Since termination of patient-provider relationship has already been acknowledged by federal organizations (e.g. AMA, AAN, etc.), we determine if such termination of accounts on the basis of patient’s incompliance breaches the ethical principles of role fidelity and duty of care. In order to strengthen the ethics analysis of the issue, we have incorporated a descriptively designed survey method to obtain the perceptive response of both patients and nurses towards the imposed issue. After collating the results of the survey, the next step is to integrate the results obtained from the records review and from the survey conducted. References Carter, B. S., Levetown, M., Foley, K. M. (2004). Palliative Care for Infants, Children, and Adolescents: A Practical Handbook. London, New York: JHU Press. Earp, J., French, E. A., Gilkey, M. B. (2007). Patient Advocacy for Health Care Quality: Strategies for Achieving Patient-centered Care. New York, U.S.A: Jones Bartlett Publishers. Mason, J. (2004). Concepts in Dental Public Health. New York, U.S.A: Lippincott Williams Wilkin. Mezey, M., Berkman, B. J. (2000). The Encyclopedia of Elder Care: The Comprehensive Resource on Geriatric and Social Care. London, New York: Springer Publishing Company. Rothstein, M. A., Brody, B. A., McCullough et al., L. B. (2001). Medical Ethics: Analysis of the Issues Raised by the Codes, Opinions, and Statements. London, New York: BNA Books. Rubenfield, M., Scheffer, B. K. (2006). Critical Thinking Tactics for Nurses: Tracking, Assessing, and Cultivating Thinking to Improve Competency-based Strategies. New York, U.S.A: Jones Bartlett Publishers. Scott, R. W., Ed, N., Scott, W. (2005). Legal Aspects of Documenting Patient Care for Rehabilitation Professionals. New York, U.S.A: Jones Bartlett Publishers. Servellen, G. (1997). Communication Skills for the Health Care Professional: Concepts and Techniques. New York, U.S.A: Jones Bartlett Publishers. Shamus, E., Stern, D. (2003). Effective Documentation for Physical Therapy Professionals. New York, U.S.A: McGraw-Hill Professional.

The Importance of National Belonging in the Development of Nation States Essay Example for Free

The Importance of National Belonging in the Development of Nation States Essay Prior to the late 19th Century Europe consisted of many small states that lacked a sense of unity. The sentiment stirred up in the wake of the French Revolution; the idea of a sovereign people with natural rights and equality appeared attractive to many of these nations. Around this time Europe saw the emergence of Nation States encompassing a people who had a shared history, culture, language, religion and beliefs. How important this sense of national belonging was is something we shall explore by looking at events in such places as Germany, Italy and France. We will decide whether it was patriotism or other factors such as warfare and the rise of industry which had the biggest parts to play on the European stage. Above we have just described the common factors which contribute to making a nation; find one territory with specific boundaries and borders and fill it with these people and you would in theory have made a nation state. However the idea of national belonging is not quite so black and white, nor so easy an idea to prove. Ernest Renan, a noted theologian seemed to realise that rules about having a shared language or shared religion were simply not realistic when taking into account minority communities and religious toleration. Instead Renan makes allowances that in some areas factors such as these would be contributory but actually in his words ‘A nation is therefore a vast solidarity, constituted by the feeling of sacrifice one has made in the past and of those that one is prepared to make in the future. Renan continues stating that it is ‘the clearly expressed desire to pursue a common life. ’ This swing towards nationalism was sparked in part by the cultural movement which followed the Enlightenment period and was known as Romanticism. An era when poetry, music and art were increasingly used to influence the nation, the movement supported ideas such as the importance of national pride giving precedence to ‘senses and emotion over reason and intellect. German artist Caspar David Friedrich captured this sentiment in his painting The Oak Tree in Snow which depicted a barren tree with new life springing from the roots symbolising a lost past with the promise of future new growth. This was particularly poignant as the Oak Tree was a symbol for German national sentiment. Similarly in Italy the poet Ugo Foscolo wrote ‘How thou art humiliated by foreigners who have the presumption to seek to master thee! But who can depict thee better than he who is destined to see hy beauty all his life long? ’ Foscolo’s argued that tourists could not appreciate the greatness of his country, only those who could share in its history can take possession of the pride that accompanies the honour of being Italian. These two examples are interesting because at the time of their publication no Germany or Italy as we know them today yet existed so this at least proves that in the minds of those living by Romanticism values at least thought that national sentiment was desperately important. In addition to the evidence of Romanticism championing the unification cause Germany and Italy shared some other similarities. Firstly, and perhaps most obviously we can tell from studying a ‘before and after’ map. In 1815 Italy was a collection of many smaller states some of which we know were controlled by the Austrian empire and Germany is a jigsaw of German speaking states. However by 1914 clear boundaries had been drawn and both territories are much more obviously defined. Also both countries contained several nationalist activist groups, some public, some as secret societies who all had the same aim of achieving unity but for different reasons and with variations on the end result. In Italy the strength of opinion was such that some organisations were willing to use violence such as in the case of the Carbonari group who proclaimed ‘He alone is worthy of life who loves his country’. Revolutionary group Young Italy was also key in generating public support for the Risorgimento (Resurrection) nationalists. Germany also contained these pressure groups and parties from both countries took part in the rebellions of 1848 and while both had some success, yet another similarity is that both were eventually beaten back in Italy by Austrian intervention and in Germany by the Prussian King Frederick William IV. The revolutions swept across much of Europe leaving thousands dead in the name of unification. This however does not necessarily mean that it was patriotism or an unqualified sense of national belonging that drove them. Other considerations included for businessmen policies for reviving trade, students were concerned about poor job prospects and a lack of social status and peasants wanted an end to the last vestiges remaining of the medieval feudal system. For the peasants at least it is most likely this was their sole motivation as the concept of nationalism would have meant little to them in their daily struggle to feed and clothe their families. Both Germany and Italy appeared to be committed to unification and key figures helped to bring this about. In Germany Gottfried Herder significantly influenced public opinion with his philosophical ideas about human nature. Herder placed huge importance on national language ‘Has a people anything dearer than the speech of its fathers? ’ He goes on to say that the culture of a people ‘thrives only by means of the nation’s inherited and inheritable dialect. ’ This idea is so fundamental to Herder’s beliefs that he says ‘no greater injury can be inflicted on a nation than to be robbed of her national character, the peculiarity of her spirit and her language’. Herder however gives little consequence to the political aspects and it is possible therefore that the changes which inevitably took place in Germany were not due to his romanticism based contributions but this does tell us how strongly he felt about the importance of national sentiment. In Italy it was figures such as Count Camillo di Cavour who propelled the unification forward but his motives were much different from that of Herder. Cavour conspired with Napoleon III of France against the Austrians which resulted in several territories becoming part of Sardinia where Cavour happened to be Prime Minister. Giuseppe Garibaldi was a respected military commander throughout this period of war whose notable success was motivated by his vision of a united Italy. Unification of both countries was hardly plain sailing and problems arose for various reasons. Italy perhaps suffered because the reason for the unification had been more political than sentimental. Massimo d’Azeglio, a pro nationalist is believed to have said ‘We have made Italy, now we have to make Italians. ’ The death of Camillo di Cavour regardless of his motives was described as ‘the architect of national unity’ and his death in 1861 was a definitive blow to the cause. Germany’s problems centralized around regional rivalries with people confused as to whether they first belonged to their region or their country, this was certainly the case with some Bavarians. It has commonly been supposed that all of the events leading to unification of countries such as Germany and Italy and the revolutions that shook Europe were triggered in France by the revolution of 1789-1799 as can be seen in this statement; ‘The French Revolution completed the nation which became one and indivisible’. Many in France had sought an end to an absolute monarchy and what was deemed an autocratic domination by the French government. Instead they hoped for a shift towards modernity where all men would be equal under the law and have no special privileges simply because one happened to be born aristocratic or have an elitist position in society. The end of feudalism and the ‘ancien’ (old) regime gave way to new ideas summarised once more by Ernest Renan ‘It is France’s glory to have proclaimed, through the French Revolution, that a nation exists by itself The principle of nationhood is ours’. It would be reasonable then to suppose that France had enjoyed great success in providing a patriotic example that other countries hoped to follow and yet once again we find resistance and also some contradictions. While some supported unity for political reasons such as in the case of the Leon Gambetta, a French statesman who supported republicanism, he said in a letter to the leader of the Breton armed forces in 1870 ‘I beg you to forget that you are Bretons, and to remember only that you are French. While a novelist later in 1884 remarked ‘the word patrie signifies nothing and stirs nothing. It exists no more in local speech than in local hearts. ’ It is hard to assimilate all the opinions and motivations for why the French either supported or rejected the idea of national belonging but it does seem that the more urbanised areas, under the direction of intellectuals, students and politicians for their own agendas were more in favour of being ‘Frenchmen’ than those who resided in more isolated, rural communities occupied mostly by peasant farmers who wanted peace not war. Peasant farmers in particular were to suffer greatly when we consider how the rise of industry commonly termed as the industrial revolution were to affect national feelings. While the ending of feudalism had allowed some peasantry to buy small patches of land, for others, some who were affected by the enclosure laws could find themselves as landless labourers unable to grow their food or gather fuel from common land. In Britain the Chartism movement of 1839 sought to represent all workers who found themselves in a piteous position uniting opinion against social injustice. We are bowed down under a load of taxes our traders are trembling on the verge of bankruptcy, our workmen are starving, capital brings no profit and labour no remuneration. ’ Chartists and their Parisian counter parts the Artisans identified themselves as socialists. Obviously this was a time of great economic change and awareness of class distinctions at the time of the industrial boom was growing. Karl Marx was a German radical whose notion of Socialism was closely linked to that of Communism which he and his colleague Frederick Engels was active in promoting. Marx was particularly concerned about the struggle of society with relevance to these class distinctions. He highlighted in his ‘The Communist Manifesto’ ‘The history of all hitherto existing society is the history of class struggles’ Marx states that the working class (proletariat) and the new middle class (bourgeoisie) are fighting these ‘class struggles’ over the means of production. He claims that the bourgeoisie exploits the proletariat and was motivated by ‘naked self-interest. He goes on to say however that the lower bourgeoisie class will also suffer as the higher middle class overtake them too. ‘Partly because their diminutive capital does not suffice for the scale on which modern industry is carried on their specialised skill is rendered worthless by new methods of production. ’ Marx’s conclusion being that eventually the middle classes and the working class would find themselves in much the same situation and have more in common. This therefore was the significant factor pointing towards nationalism and not the sense of national belonging or sentiment itself. Having considered the factors which were successful in bringing about unification it appears that political reasons had the greater impact. Cavour enjoyed success in Italy through negotiations which involved war and gaining new territory. Herder in Germany relied on sentimental and romanticism theories but Germany encountered difficulties in rallying the nation who were confused about their regional or national identity. Educated French sectors of society were enthusiastic but failed to significantly influence the peasantry while radicals like Marx renounced any importance of the idea of national belonging. Still it is impossible to ignore that there were many individuals such as Foscolo, Friedrich and Garibaldi who shared a united vision of a united country but it is unlikely that their sense of national belonging was the major significant factor in the development of nation states.

History Of Legal Systems In Communist States History Essay

History Of Legal Systems In Communist States History Essay In most communist states the official name of legal system been used is called socialist law. It is well known to be said in that way, basically it is based on the system of civil law with a lot of changes and addition from the ideology of Marxist-Leninist. In Marxist terms, a socialist state is said a state that has abolished capitalism and going towards communism. But Vladimir Lenin on the other hand argued that as socialism is replaced by communism. Besides that Fredrick Engels argued the state in socialism is not a government of people, but the administration of things. Other Pre-Marxist socialists such as Henri de Saint-Simon, understand that socialism will change the nature of the state from of that political rule (via compulsion) over people and change into a scientific administration of things and a path of processes of production where the state would turn out to be a coordinating economic body. Early Marxist conception of a socialist state one of the most leading modern vis ions of a socialist state was based on the Paris community, where the city of Paris been taken over by workers and poor people in 1871. Karl Marx described the Paris community as the model for a radical government of the future, the form at last discovered for the liberation of the waged people. Friedrich Engels noted that all officials doesnt matter high or low, were paid only the pay which received by other workers. In this way an efficient fence to place-hunting and careerism was laid down up. Engels continued From the birth the Commune was compelled to recognize that once working class come to power could not manage with the old state mechanism. Once having conquered power In order not to be overthrown. Engels argues that working class must, on the one hand, do away with all the old suppressive system previously used against it itself and at the same time safeguard itself against its own deputies and officials, by declaring them all without exclusion, matter to recall at any tim e. That type of state would be a temporary affair he said. Engels continued that a new generation brought up in new and free social situation, will be able to throw the whole load of the state on the scrap-heap. in 1917 These thoughts were adopted by Vladimir Lenin just prior to the October Revolution in Russia and published in The State and revolution a vital text for many Marxists. Socialists recognize social welfare states with modern social democratic policies like the one in Sweden, to be capitalist states. Few social democratic Reformist Marxists, such as the Minister of Health in the first post-war Labour government, Aneurin Bevan who introduced the UK National Health Service, also came up with an observation that welfare programs, such as health care which at the point of use for all its free of charge, are concessions forced on capitalism by the struggles of the working class and a pure Socialism embryo of the new socialist people gestating within capitalist society. Basica lly this example shows that such conceptions lead the taxation to pay for these services is planned to be in use mostly if not completely from the capitalist group, through a tax on corporation earnings. Those who earn less than  £50,000 in todays money ( £500 then) only paid 5.3% in tax from the year after the service was introduced in the UK in 1948. These Marxists take the view that welfare programs should be safeguarded and enhanced with further nationalizations .After Lenins death and the collapse of the worldwide revolution envisaged by Lenin and Trotsky, these ideas were neglected. Few states from the past and present have claimed following some form of Marxist ideology, generally Marxism-Leninism. They call themselves as socialist states DEVELOPMENT The Soviet Union was the earliest to call itself a socialist state in its 1936 Constitution and a following 1977 one. Beside that another famous example is the Peoples Republic of China, which claims that, a socialist state i n its Constitution of the Peoples Republic of China 1982. That kind of states in west are usually known as communist states although they do not refer them self using this term. There are some other countries use the term socialist in their official name or constitution without following communism or any of its derivatives which known as non-communist countries. In that kind of scenario, the proposed meaning of socialism can differ broadly, and at times the constitutional references to socialism comes from previous time of the countrys history and it been just followed. Examples of countries which using the word socialist in that type of non-communist sense is the Democratic Socialist Republic of Sri Lanka and the Great Socialist Peoples Libyan Arab Jamahiriya. Differ from the Countries with non-communist use to socialism in their constitutions such as India and Portugal. In the post-war period, the post -war European countries when nationalization was fairly widespread, it was some thing common for commentators to call some European countries as socialist states. There is argument as to whether socialist law ever had constituted a different legal system or not. If yes, preceding to the end of the Cold War, Socialist Law would be ranked as one of the the major legal systems of the world. Many current observers no longer see that to be in that way, due to similarities with the civil law system and the truth that it is no longer in broad use following the dismantling of most communist states. as civil law systems have habitually put great trouble in defining the idea of private property, how then it will be acquired, transferred, or missing, socialist law systems supply for most property to be owned by the state or agricultural cooperative and by having particular courts and laws for state enterprises. Many scholars argue that socialist law is not separate legal categorization, although the recent economy approach of the communist states tells that property could not be owned, the Soviet Union always come with their civil code, courts that interpreted this code and a civil law approach to legal reasoning largely same to the French or German civil code system. Legal systems in all socialist states potted formal criteria of Romano-Germanic civil law, because of this reason; law theorists in post-socialist states usually believe the Socialist law as a particular case of the Romano-Germanic civil law. Cases of growth of common law into Socialist law are unknown because of inappropriateness of basic values of these two systems where common law usually presumes influential rule-making role of courts while courts in socialist states usually play a dependent role. According to Karl Marx and other socialist thinkers they believe socialism and law are unable to get along. It has been argued that the aspects of socialist law came from Stalinism are actually found somewhere else in the world in other jurisdictions and so its not truly socialist. Soviet law showed many special characteristics that brought from the socialist character of the Soviet state and reflected Marxist-Leninist ideology. Lenin accepted the Marxist outset of the law and the state as instruments of coercion in the hands of the bourgeoisie and postulated the creation of popular, informal tribunals to administer revolutionary justice. One of the main theoreticians of Soviet socialist legality in this early phase was PÄâ€Å"teris StuÄ ka. Alongside this utopian trend was one of the critical concepts of proletarian justice, represented by Evgeny Pashukanis. A dictatorial trend developed that teaches the use of law and legal institutions to restrain all opposition to the government. This trend reached its peak under Stalin with the dominance of Andrey Vyshinsky, when the administration of justice was carried out mainly by the security police in special tribunals. During the de-Stalinization of the Khrushchev era, a new trend developed, based on sociali st legality, which stressed the need to protect the procedural and rights of citizens, while still calling for admiration to the state. Although socialist legality continued to be in force after 1960, the dictatorial and utopian style continued to interfere the legal process. Harassment of political and religious dissenters continual, but at the same time there was a tendency to make legal offenses lesser by giving them over to peoples courts and administrative agencies and dealing with them by education rather than by confinement. By late 1986, the Gorbachev era was pushing about individual rights in relation to the state and criticizing those who go against procedural law in implementing Soviet justice. This brought socialist legality as the one of main trend. It should be noted, that socialist legality itself still lacked features compared with Western jurisprudence. In particular, the vital control of the legal system is in the hand of the partys leadership, which was not democr atically elected by and so they are not responsible to public at large Characteristic traits Socialist law is similar to common law or civil law but with a very much increased public law sector and decreased private law sector. CHARACTERISTIC One of the main characteristic is that partial or total exclusion of the former ruling classes from the public life at very early stages of existence of each socialist state but however, in all socialist states this policy slowly changed into the policy of one socialist nation without classes. Other than that diversity of political views directly forbidden or condemned by legislation and moving on the ruling Communist party was known as above the law system where in many cases party functionaries were not subject to criminal prosecution but rather to disciplinary measures, private property was measured as remainder of the society and as such been harmful this resulted in high degree of collectivization and nationalization of property. Another c haracteristic is that low respect for privacy, wide control of the party over private life low respect for academic property, unless owned by the state. Widespread social warrants of the state the rights to a job and free education as example in return for a high degree of social recruitment and a low degree of human rights. And one of the last is that the judicial process lacks adversary character where public prosecution is seen as provider of justice.A specific institution characteristic to Socialist law was the so-called bur law court which decided on minor offence. IN PRACTISE when the Labour Party is in power in the UK, some commentator claims that Britain is run by a socialist government and argues that Britain is a socialist state while under that government. These countries were led at times by parties associated to the 2nd International which are at times termed as social democratic parties. Some of the commentator argued that states which support a policy of welfare state provision or practice partial state involvement into financial activity are socialist states or republics. Some other term the 2008 bail-out of the banks Socialism telling that USA and UK have become socialist but these clarion call remarks are dismissed by government spokespersons as for the bailouts are more analytic of protectionism. In February 2009, Republican politician and political critic from the Fox News channel Mike Huckabee where he was one of the Republican candidate in the Primaries of the USA presidential appointment campaigns of 2008 argued that, The Union of Soviet Socialist Republics maybe dead but the Union of American Socialist Republics is being born. Not so long after that Fox News critic argued that Obama had accomplished something that I never thought any American president can do. Hes literally taken us out from a capitalist economy to socialism. In May 2009 Although support for socialism has risen in the USA, Obama claimed impeccable free market credentials when questioned, and continued in June 2009 the Director of the White Houses National Economic Council for the US President, Lawrence Summers on the other hand while protecting state interference to control speculators activities tell the reporters that US was not in danger of shifting to a socialist state. Economic liberal and socialist opponents of the claim that improving welfare payback or rising state regulation of financial activity make a state socialist argued that the continual process of capitalist economics in free market states such as the USA shows that, state with welfare reforms is still a capitalist state where its showing to various type of welfare state capitalism such as the social market economy, Rhine capitalism and Keynesian economics. Because most socialists do not claim that welfare provision will make a state socialist, socialists nevertheless hold up welfare provision in the capitalist state. ADVANTAGES AND DISADVANTAGES There are few Advantages in my personal view for this legal system such as in this kind of Participatory government, Socialism is predicated on democratic power devolving to individual councils of ordered labor. Besides that lower rates of crime will take place because when people are not put into desperate circumstances, they are less likely to commit acts of violence .Higher overall standard of living and quality of life. There are also few disadvantages can be seen such as less incentive for structural and technological, fewer chances for technological innovation. Unless accompanied by a political program directed at the eventual dismantling of the state, Socialism represents the growth of the state and, potentially, more all-encompassing state interruption into the lives of individuals. COUNTRIES APPLYING IT TODAY Examples of countries currently known as communist states are such as Peoples Republic of China(since October 1, 1949),Republic of Cuba (since January 1, 1959),North Korea Democratic Peoples Republic of Korea (since September 9, 1948),Laos Lao Peoples Democratic Republic(since December 2, 1975), declared themselves to be socialist states under the Marxist-Leninist definition (in the west known as, Communist states) Afghanistan Democratic Republic of Afghanistan (April 27, 1978 April 28, 1992) and Albania Socialist Peoples Republic of Albani. Among the left over communist governments, most notably is the Peoples Republic of China where have added extensive modifications to their legal systems. In common, this is a result of their market-concentrated economic changes. However, some communist influence yet can be seen. For example, in Chinese real estate law there is no united concept of real property the state owns all land but usually not the structures that sit on that land. A rather complicated ad hoc system of use rights to land property has developed, and these use rights are the things being formally traded rather than the property itself, for example in the case of urban residential property, the system fallout in something which resembles real property dealings in other legal systems. Move on in other cases, the Chinese system results in something different. For example, it is a common fallacy that reforms under Deng Xiaoping resulted in the privatization of agricultural land and a formation of a land tenure system looks same to those found in Western countries. In reality, the village committee owns the land and the right to use this land to individual farmers who may use it to make money from agriculture. Hence the rights that are normally combined in Western economies are broken between the individual farmer and the village group. This has a number of penalties. One of them is that because the farmer dont have an absolute right to change the land, he cannot lend against his use rights. On the other hand, there are some insurance against risk in thi s system where the farmer can return his land to the village committee if he made his mind that he going to other business and stop farming and if this business dont work, he can get a new contract with the village committee and return to do farming back. The fact that the land is redistributable by the village committee also ensures that no one is left to be landless hence this creates a form of social benefit. There are a lot proposal been made to change this system and they have tended to be in the direction of fully privatizing rural land for the assumed idea of increasing effectiveness. These proposals did not get any major support, largely because the current system is famous among the farmers themselves. There is little risk that the village committee will try to enforce a bad contract on the farmers, since this would lessen the amount of money the village committee getting. At the same time, the farmer has some flexibility to decide whether they want to continue farming or l eave and get into others business or to come back again for farming as well. IN TODAYS CONTENT AND REPUTATION one of the great examples will be China, A correct request of the joint contact of morals and law is a powerful instrument for improving the construction of modern socialism. By developing socialist democracy China has strengthened the legal system developed and perfected the system of representation of the people in assembly, and recognized a sequence of important laws and acts. As a result, there are laws to which one can option in a variety of aspects of national and social life, the legitimacy of law been ensured and the socialist democracy is obsessed of a systematic legal value. Everyone is equal before the law and the law is not to be changed by the  flat-off of the heads of the country. This legal spirit has become obvious in such different aspects of social life as to maintain the social order, building a sturdy economy, opening the door to the exterior world, sec uring legitimate civil rights and establish an sincere management. It is essential not only to resort to law, but also to impose it strictly. At the same time the decision-making function of the peoples representative assembly as regards government and authority should be strengthened as should public direction over state officials according to a norm of law. This practice shows the mutual checks and balances of powers which are in line with the interests of the entire people and are one of a main feature in the building of the legal system necessary to modern socialism. Socialist political democracy has allowed the Chinese people, who consist one fifth of the worlds population to be masters of their own country and society, and have the benefit of wide democratic rights. This is a great input for the growth of the political civilization of mankind. Chinas socialist political democracy accords with the national circumstances ensure that the people give full play to their eagerness, initiative and creativity in structure and managing the state as masters of the country and society, and uphold Chinas economic development and social development in an all angles. In spite of the marvelous achievements scored in constructing a socialist political democracy, the CPC and the Chinese people are conscious of the many problems which yet to be overcome. One of the main problems are that The democratic system is not yet perfect besides the peoples right to manage state and social affairs, economic and cultural undertakings as owners of the country in a socialist market economy are not realized fully. Other than that, laws that have already been enacted are at times not completely been observed or enforced hence the violations of the law go unpunished sometimes. Bureaucracy and dishonesty still exist and increase in some departments and locality and the mechanism of self-control and supervision over the use of power needs to be improved. Other than this the idea of democra cy and legal consciousness of the entire society needs to be further improved and the political involvement of society in an orderly way should be extended. The socialist system has been introduced and used in China for only a few decades which is a short time when compared with other social systems adopted in the history of mankind. To keep civilizing and developing socialist political democracy to allow the people to fully enjoy and use their rights as the owner of the country has been always the solid goal of all the enterprise of the CPC and Chinese people. At current and for a time to come, the CPC and the Chinese government will actively and progressively push advance the reform of the system attach to and develop the socialist democratic system, reinforce and improve the socialist legal system, reform and progress the method of leadership and law of the CPC, reform and improve the governments decision making process, promote the reform of the system of administrative organiza tion, improve the reform of the judicial system, expand the reform of the cadre and persons system, reinforce the restraint and care over power, go all-out to sustain social stability, and encourage economic development and social progress in all angles. The huge achievements of the structure of the socialism with Chinese personality have made the CPC and the Chinese people full of confidence in moving on the road of political growth chosen by them. In line with the economic development and social evolution, Chinas socialist political democracy will be further perfected, and with its huge advantages and strong energy, fully established. In the future, the Chinese people will surely enjoy more and more extensive fruits of their political society although they have a poor reputation last time. SUMMARY The history and reality of human political civilization have showed that there is no one single and absolute democratic mode in the world that is universally useable. whether a political system is democratic or not, depends on the will of the overpowering majority of the people is completely reflected, whether their rights as masters of the country are fully seen, and whether their legitimate rights and interests are fully ensured, to conclude its not about the system overall but rather how the system been applied because all system have some minus and plus points, with some modification and good leaders it will work.

Middle East Crisis Essay -- essays research papers

The Middle East Violence in the Middle East must be stopped for the good of humankind. Fighting in recent days has been hazardous and fatal. There are many things that can be done to prevent this violence. A permanent cease-fire must be in effect, the international community should get involved and land claims must be worked out. These three things are necessary in order to resolve this situation. A permanent cease-fire would be very important. If a permanent cease-fire was in effect, the death tolls will be dramatically lowered. The first step in the cease-fire process would be to unite both the Israelis and the Palestinians in an international peace conference. This conference would make both countries realize that the violence that is occurring is serious and horrible. The Palestinians must cease their protests. These protests in the recent days have been turned into bloody battles because of the â€Å"rock throwers†. The rock throwers cause the Israelis to return fire. In the worst case, this violence could turn into a mass murder. The violence might become so violent, that there would be many unnecessary deaths and a potential genocide, which has happened in other countries such as Yugoslavia with this similar situation. This is not the only thing that has to take place in order for the peace process to proceed.   Ã‚  Ã‚  Ã‚  Ã‚  The international community should be involved in the peace process. The United Nations condemns this violence and should ...

Epic Characteristics of Miltons Paradise Lost :: Epics Milton Paradise Lost Essays

Paradise Lost is one of the finest examples of the epic tradition in all of literature. In composing this extraordinary work, John Milton was, for the most part, following in the manner of epic poets of past centuries: Barbara Lewalski notes that Paradise Lost is an "epic whose closest structural affinities are to Virgil's Aeneid . . . "; she continues, however, to state that we now recognize as well the influence of epic traditions and the presence of epic features other than Virgilian. Among the poem's Homeric elements are its Iliadic subject, the death and woe resulting from an act of disobedience; the portrayal of Satan as an Archillean hero motivated by a sense of injured merit and also as an Odyssean hero of wiles and craft; the description of Satan's perilous Odyssey to find a new homeland; and the battle scenes in heaven. . . . The poem also incorporates a Hesiodic gigantomachy; numerous Ovidian metamorphoses; an Ariostan Paradise of Fools; [and] Spenserian allegorical f igures (Sin and Death) . . . . (3) There were changes, however, as John M. Steadman makes clear: The regularity with which Milton frequently conforms to principles of epic structure make his occasional (but nevertheless fundamental) variations on the epic tradition all the more striking by contrast. The most important departures from epic decorum--the rejection of a martial theme, and the choice of an argument that emphasizes the hero's transgression and defeat instead of celebrating his virtues and triumphs--are paradoxically conditioned by concern for the ethical and religious decorum of the epic genre. On the whole, Milton has retained the formal motifs and devices of the heroic poem but has invested them with Christian matter and meaning. In this sense his epic is . . . something of a "pseudomorph"--retaining the form of classical epic but replacing its values and contents with Judeo-Christian correlatives. (Epic and Tragic Structure . . . 20) Steadman goes on to defend Milton's changes in the form of the epic, saying that "such revaluations are not unusual in the epic tradition; they were in fact inevitable" (20). It is important, before continuing with an examination of Paradise Lost and its epic characteristics and conventions (specifically, those in Book I), to review for a moment exactly what an "epic" is. Again, according to Lewalski, "Renaissance critics generally thought of epics as long poems treating heroic actions or other weighty matters in a high style, thereby evoking awe or wonder" (12).