Wednesday, October 2, 2019

Comparing Rosalynde and As You Like It :: comparison compare contrast essays

Thomas Lodge's Rosalynde is an unwieldy piece, the romance is thick, heavy, and conventional. Yet when Shakespeare took it in hand, to rework the tangled web of disguise and romance into As You Like It, he changed much of the emphasis, by both altering and adding characters. Rosalynde is a celebration of love; As You Like It, a philosophical discourse on love.. Shakespeare cuts to the chase, eliminating much of the prologue to Rosalynde. We hear of old Sir Roland de Boys (Lodge's John of Bordeaux) only through Orlando's opening speech, not the extended deathbed collection of aphorisms Lodge provides (though this shade of Polonius perhaps influences old Adam's long-winded style). Likewise, the extended ruminations are cut entirely or, for the forest scenes, condensed into tighter dialogue. Lodge's grand tournament, with the jousting prowess of the anonymous Norman (proto-Charles) happens offstage, and we see only a wrestling match. Lodge's usurper favors Rosader after the tournament, but Shakespeare's Frederick spurns Orlando for his parentage and Oliver plots more quickly against his brother, further excising the plot-perambulations of the source and removing the months of tension and reconciliation that plague Saladin and Rosader. But Shakespeare also takes care to lighten his villains, more in the spirit of a playful comedy than Lodge's sometimes grim pastoral. His Charles is relatively innocent, deceived by Oliver rather than entering willingly into his pay (as the Norman does with Saladin). Oliver, in turn, is not such a relentless foe as Saladin: he has no cronies to assist in binding up Orlando, he does not so mistreat his brother before us as happens in Lodge's pastoral. Even the usurper Duke, Torismond/Frederick, does not exile his own daughter in Shakespeare's play (only remonstrating her with "You are a fool"). And he is not killed in battle at the end of the play, but rather converted to a holy life, in much the same fate that Lodge's Saladin plans for himself in remorse ("[I shall] wend my way to the Holy Land, to end my years in as many virtues, as I have spent my youth in wicked vanities." (p.273)). In contrast, Shakespeare darkens his heroes: they are not all the blithe, pastoral folk Lodge paints. Celia's single "Is it not a foul bird that defiles its own nest?" (p. 245) early in Rosalynde becomes Celia's more extended harangue at the end of IV.

Settling of America (1620s -1670s) :: history

Settling of America (1620's -1670's) Christopher Columbus discovered the America’s for Spain in 1492. The explorers and settlers that settled in Central and South America were mostly Spanish and Portuguese. The English took notice of the Spanish success in the America’s, so they decided to explore the upper part of the America’s, North America, in the late 1500’s. Virginia was the first settled in the Chesapeake region in about 1607, and then later settlers went north to places like Massachusetts in the New England region in about 1629. Though both areas were settled by the English, they developed two different societies. While Captain John Smith was in Virginia in 1624, the men on the ship waited for the large ship to leave and ‘those of us that had money, spare clothes, credit to give bills of payment, gold rings, fur, or any such commodities, were ever welcome to [purchase supplies. The rest of us patiently obeyed our] vile commanders and [bought] our provisions at fifteen times the value’ (Doc. F). While other men were searching for gold ‘with their golden promises, made all men their slaves in hope of recompense.’ A Puritan lawyer, John Winthrop, immigrated to New England because his views on religion were different from those in England. Even though Puritans are Protestants, Puritans tried to purify the English Church. In 1630 on board of the Arabella on the Atlantic Ocean on way to Massachusetts, he wrote â€Å"A Model of Christian Charity† which gave his views on what a society should be. ‘†¦the condition of mankind, [that] in all times some must be rich, some poor, some high and eminent in power and dignity, other mean and in subjection†¦.[Yet] we must knit together in this work as one man.’ (Doc. A). In this he is saying that men may be different but to make a new world work, they must work together. All through his speech he mentions God. For example, he opens his sermon with ‘God Almighty in his most holy and wise providence†¦Ã¢â‚¬â„¢. This shows that in New England, the people were very religious. New Englanders actually took religion a little too seriously. In the 1680’s and 1690’s Witch trials were taken place, especially in Salem Massachusetts. Women and some men were killed after being suspected of witchcraft until 1692. The religion bracket this happened in was the Puritans were Calvinists with very strict views about society.

Tuesday, October 1, 2019

Cultural Diversity within Organizations

Addressing Cultural Diversity within OrganizationsTeg does non hold a diverseness direction plan or policy in topographic point. Cultural diverseness within organisations has been known to heighten productiveness and good inter-relationship between the employees. Examples of cultural diverseness are multicultural dialogue, communicating, direction every bit good as in other concern patterns such as enlisting. This sort of diverseness has gained significance in the current planetary economic system. However the cultural differences constructs and their effects on making concern and communication are complex and have several viing footings in usage. This paper seeks to set up the footings for cultural differences every bit good as analyze their impacts on an industry such as Target Engineering Group ( TEG ) . The paper besides seeks to set up the cultural diverseness plans that can be developed at TEG.The footings inter-cultural and multi-cultural are chiefly used when mentioning to th e integrating of different civilizations from different states. In every bit much as this may be true, cultural diverseness besides embraces several local facets such as the ratio of adult females to work forces in a workplace. In Helen Sharp ‘s ( 1995 ) work â€Å"Challenging Students to React to Multicultural Issues† , there are two instances that query the possibility of an American working in a foreign land. Besides, the footings in cultural diverseness are non merely synonymous to international integrating, but besides to gender, race, generational or socio-cultural issues. Understanding the significance of diverseness is the initial measure towards turn toing the issues related to diverseness. The universe in which we live demonstrates a perfect illustration of diverseness. There is a diverse universe of the Moon, Sun, stars, planes and other organic structures with each holding its ain bound way every bit good as its intent fro being. Since the people who live in this universe are of diverse gender, race, cultural and geographical entities the industries and companies such as TEG must absorb and acculturate these constructs. The employees in a company are diverse in category, gender, faith every bit good as diverse states and backgrounds. For successful operation of TEG, it must follow civilization variegation to suit each of the above listed diversenesss. Cultural diverseness may be defined as the assortment of civilizations or human societies in a peculiar part – in our instance the TEG. Cultural diverseness besides refers to the cultural differences that exist between persons such as linguistic communication, frock and traditions, art and interests, moral and spiritual every bit good as the disparities in the manner societies organize themselves. Cultural diverseness is nevertheless hard to quantify but on the other manus it is easy identifiable. There are certain facets of cultural diverseness that deficiency at TEG on top of the deficiency of a diverseness direction plan. TEG does non hold a diverse group of the black employees every bit good as adult females on their staff. This is evidenced by the low per centum of black employees in this company. TEG has besides non taken the advantages that come with the acceptance of cultural diverseness despite being really successful in supplying professional technology services in t he tri-county parts of West Palm Beach, Broward and Miami-Dade. Besides the Human Resource at TEG does non concentrate its attempts on seeking the services of the minorities particularly when advertisement for a occupation place. The occupation advertizements are placed on the web sites or the newspaper ( Keyton, 2005 ) . The companies that have developed cultural diverseness are making really good despite being in the same concern as TEG. The PBS & A ; J is one of those companies that extremely values diverseness. Another illustration of a company that upholds diverseness is the Associated Engineering. This company has a enlisting scheme in topographic point that embraces diverseness by the periodic enlisting thrusts. These thrusts are geared towards capturing the services of immigrants from foreign part such as South Africa, Asia or Australia. In order to turn to these cultural lacks at TEG, the intercessions made must clearly place the demand, prosecute clear aims, make full a legal nothingness, every bit good as supply the appropriate accomplishable solutions by puting assorted norms and criterions. It is hence prerequisite to guarantee that each of the above demands is met for our instance in point-TEG. There are several facets that have led to the cultural diverseness lack at TEG. One of these facets is the deficiency off comprehensive vision on the effects of globalisation on cultural diverseness. In every bit much as TEG may be successful in the proviso of technology consultancy services, the company does non continue the diverseness of cultural look with respect to the mounting globalisation of the economic system. The attack taken by TEG does non encompass cultural diverseness and may be termed as disconnected. This relates to human rights, linguistic communication rights, heritage protection, international cultural cooperation, cultural policies, cultural pluralism every bit good as rational belongings rights. TEG requires understanding on all these demands as it strives to make diverseness within the staff ranks. The company should concentrate on enrolling the minority groups more so the immigrants. These persons have diverse cognition that would be used to the advantage of T EG. The article by Replicon Inc. merely wholly supports this position in â€Å"Employers Embrace Diversity: Immigrants go basis of company growth† . Due to the deficit of engineers and technology professionals TEG is bound to concentrate on the foreign chances for enrolling staff. The system has been adopted by Associated Engineering and it is really working to their advantage ( Hellriegel and Slocum, 2009 ) . Another challenge that could be confronting TEG and could besides be a possible cause of the cultural diverseness lacks realized is the trouble in turn toing the civilization issue caput on. The company seems to be more focussed on the commercial facet as opposed to the cultural diverseness facet. In order to accomplish a reconciliation between the commercial and cultural facets there is demand to openly show the cultural positions. Teg might be enduring from fright of the liberalisation of trade in the universe being hampered by developing cultural diverseness saving policies. However, cultural diverseness look will be critical in the capableness of the company following the alterations that come with globalisation. Therefore the company should subject the commercial issues to civilization jussive moods and therefore prevent commercial facet from ruling the concern. It is merely by cultural diverseness that the company can be able to recognize the commercial facets efficaciously. Teg can be able to advance cultural diverseness guided by the rules discussed below. The company must acknowledge the being of cultural diverseness as an of import tool for accomplishing the commercial aims of the company. Therefore, the company should confirm and acknowledge cultural diverseness at the local, regional and international degrees every bit good as reflecting on the policies brought by this diverseness towards recognizing the ends of the company. The company must besides advance participatory democracy. This means the publicity of heritage representation while including the active input of all the stakeholders. This would be achieved by the usage of dialogue, audience every bit good as engagement. Heritage representation particularly of the employees will actuate them to unwrap their diverse civilizations towards doing the company more successful. TEG must besides concentrate on coordination and cooperation. This means that the company should portion undertakings and promote cultural exchanges in a position of cooperation and coordination. This will guarantee that the company is maximising resources and the available expertness both at a planetary and regional degree. For TEG to accomplish cultural diverseness it must ship on community edifice and peace devising. TEG is bound to acknowledge and appreciate the sense of individuality and topographic point of the diverse persons it may enroll. By appreciating their diverse heritages and furthering a shared position, the spirit of rapprochement and assurance on the multi-cultural employees is built. This will climax in effectual occupation productions and broadening of the concern. Cultural diverseness is besides realized through capacity edifice. The company should be directed to transform and alter as per the multicultural societies that exist about. Finally the company should guarantee the resourcefulness of the diverse cultures it may hold in the signifier of staff. This will guarantee that the company can maximise on the variegation of the resources available to turn to the concerns of cultural economic sciences every bit good as cultural equity. The civilization of an organisation guides the members on how â€Å"work† of the organisation should be conducted. The civilization besides entails the grounds foe being and the aims of the company. Finally cultures in organisation order how persons should associate to each other at the workplace every bit good as to those outside the topographic point of work. As Cox ( 1991 ) illustrates, bias is the look of negative personal attitudes towards persons affiliated to a peculiar cultural group. Discrimination on the other manus involves the discernible inauspicious behaviour directed to members of a peculiar cultural group. Therefore, TEG must guarantee that it protects its resource of diverse cultured employees from these actions. This will take to peaceable and confident working countries. There are several dimensions to cultural diverseness non needfully established at TEG. These are: ethnicity, age, household position, income, Gender, military experience, educational background, sexual orientation, race, Work experience every bit good as societal category. All these dimensions must be considered in the event that TEG might desire to incorporate cultural diverseness by using staff from different civilizations. This is because of the fact that a heterogenous group of persons can merely work together and efficaciously through cooperation and consensus. The company must besides non bury about enrolling the local persons who are qualified for the occupation. This will guarantee the care of civilization within the part where the company operates. Two persons do non needfully have the same sentiment by virtuousness of being in the same cultural group. Therefore in every bit much as variegation should be encouraged integrating with more of the local cultural groups will besides turn out successful. In order to deduce maximal end product from the rich cultural backgrounds, TEG must set up degree playing Fieldss for the different cultural groups. Two qualified persons form the Black community and the White community should hold similar wage bundles as per their makings and occupation experiences. Besides the adult females employed in the company holding similar makings as the work forces should besides be given equal wage bundles. This will advance civilization equality that will heighten occupation production since no cultural group will experience inferior to the other. In any company, the first stage of deducing maximal benefits from diverseness is the development of a conjunct attempt towards what signifiers of cultural diverseness issues within an organisation. The recognition of the being of assorted persons and groups of persons with different cultural backgrounds is an of import measure in this initial stage. The assorted cultural dimensions that exist in PBS & A ; J every bit good as Associated Engineering will be discussed in order to turn to the cultural diverseness issue amicably. PBS & A ; J Corporation has been in the front line in encompassing cultural diverseness within its environments. The inclusion of a web page known as diverseness in their web site will decidedly work good for the advantage of the company. The web page consists of information on diverseness preparation, diverseness consciousness, and affinity groups every bit good as the CDAC-supported professional organisations web pages. This has enabled the company to offer bes t solutions to their patronages and at the same clip increasing their productiveness. The company besides offers diversity developing plan that include a one-day workshop. It is a known fact that the acceptance of cultural diverseness has its ain portion of disadvantages. There will be struggles, nerve-racking state of affairss and sick feelings originating from the acceptance of sub-cultures in these companies. Therefore it is necessary for all the persons to pass on about their cultural differences. However, it is hard to discourse cultural differences without fall backing to stereotypes. In ideal nature, stereotypes do non be. This is because no person is absolutely similar to another and no member of a cultural group can be a ringer of another. Besides, as cultural diverseness develops, the challenge of communicating besides arises. This leads to the necessity for greater attempts that will harbour improved and effectual communicating accomplishments. Therefore, PBS & A ; J Corporation should follow effectual communicating schemes to be use by their multi-cultural employees. This will guarantee that there are no cultural struggles or favoritisms on the footing of civilization. Discussion and consciousness nowadayss a clearer image of cultural diverseness, understanding and appreciating cultural diverseness does non needfully bespeak digesting differences amongst the individuals in a group but it besides involves fostering and back uping them. By back uping and fostering diverseness within the cultural groups, the company will heighten its other aims through sharing of information, thoughts, issues every bit good as civilizations. It has been established that fostering diverseness creates chances for development of character through learning regard and tolerance for persons and advancing the concern for equity. For the company in inquiry to perpetuate and boom, it must back up a culturally-diverse squad that values and esteem all persons from different backgrounds. The acceptance of the position quo of cultural diverseness may confront some challenges but it does non function as alibi for avoiding passage ( Nestor, 1991 ) . The traditional thaw theory has two positions on immigrants who have settled in America. The scheme of immigrant has been adopted by Associated Engineering Corporation and it is working good. There is a high possibility that the immigrants will reside the characters and ways of their old states and intermingle absolutely with the new environment. However there are two false beliefs that are presented by this theory. The first one assumes that the colored Americans will endeavor to be like the white Americans. The 2nd 1 is that the colored people will non happen any importance in following the civilization of the new universe. Those false beliefs nevertheless have been marred by rejection and a batch of contentions. This is because of the impairment of the individual monoculture in today ‘s universe. Many organisations are following a pluralistic work force that continues to germinate through cultural influence and integrating. The Associated Engineering Corporation should guara ntee that the immigrants hired from different civilizations blend good with the dominant Whites civilization in the company. Another facet that was seen as a cultural diverseness lack in TEG is the issue of gender penchant. The company has adult females employees as compared to the work forces population. Therefore, TEG should increase the qualified female employees in their staff. There are other factors that impact the bounds to which diverse civilizations integrate with the bing 1s. The ground for in-migration of the recruited employees influences a batch. The vicinity or background of the immigrants must besides be established. Some immigrants come from cultural or non-ethnic vicinity that might act upon the attitudes of these persons towards cultural diverseness. The socioeconomic position, instruction and the upward growing of these persons should be evaluated so as to set up how good they adapt to the different civilizations they may confront. TEG ‘s mission is built to react to the client ‘s demands by supplying quality services through better direction of the personal resources. Theref ore, to guarantee that this mission is realized, the company should ship on publicity of diverse civilizations.MentionsCox, T. ( 1991 ) . The Multicultural Organization: Academy of Management Executive, vol.5, no.2, pp.34-47. Helen, S. ( 1995 ) . Challenging Students to React to Multicultural Issues: Journal article by Janice Tovey, vol.60, pp.10-11. Hellriegel, D. & A ; Slocum, J.W. ( 2009 ) . Organizational Behavior. Mason, Ohio: South-Western. Nestor, L.G. ( 1991 ) . Pull offing Cultural Diversity in Volunteer Organizations: Voluntary Action Leadership. New York: Springer. Keyton, J. ( 2005 ) . Communication and Organizational Culture: A Key to Understanding Work Experiences. Thousand Oaks, California: Sage Publications.

Monday, September 30, 2019

The Development of GAAP in the United States

Setting GAAP These organizations influence the development of GAAP in the United States. United States Securities and Exchange Commission (SEC) The SEC was created as a result of the Great Depression. At that time there was no structure setting accounting standards. The SEC encouraged the establishment of private standard-setting bodies through the AICPA and later the FASB, believing that the private sector had the proper knowledge, resources, and talents. The SEC works closely with various private organizations setting GAAP, but does not set GAAP itself. American Institute of Certified Public Accountants (AICPA)In 1939, urged by the SEC, the AICPA appointed the Committee on Accounting Procedure (CAP). During the years 1939 to 1959 CAP issued 51 Accounting Research Bulletins that dealt with a variety of timely accounting problems. However, this problem-by-problem approach failed to develop the much needed structured body of accounting principles. Thus, in 1959, the AICPA created the Accounting Principles Board (APB), whose mission it was to develop an overall conceptual framework. It issued 31 opinions and was dissolved in 1973 for lack of productivity and failure to act promptly.After the creation of the FASB, the AICPA established the Accounting Standards Executive Committee (AcSEC). It publishes: Audit and Accounting Guidelines, which summarizes the accounting practices of specific industries (e. g. casinos, colleges, airlines, etc. ) and provides specific guidance on matters not addressed by FASB or GASB. Statements of Position, which provides guidance on financial reporting topics until the FASB or GASB sets standards on the issue. Practice Bulletins, which indicate the AcSEC's views on narrow financial reporting issues not considered by the FASB or the GASB. Financial Accounting Standards Board (FASB)Realizing the need to reform the APB, leaders in the accounting profession appointed a Study Group on the Establishment of Accounting Principles (commonly kn own as the Wheat Committee for its chair Francis Wheat). This group determined that the APB must be dissolved and a new standard-setting structure be created. This structure is composed of three organizations: the Financial Accounting Foundation (FAF, it selects members of the FASB, funds and oversees their activities), the Financial Accounting Standards Advisory Council (FASAC), and the major operating organization in this structure the Financial Accounting Standards Board (FASB).FASB has 4 major types of publications: Statements of Financial Accounting Standards – the most authoritative GAAP setting publications. More than 150 have been issued to date. Statements of Financial Accounting Concepts – first issued in 1978. They are part of the FASB's conceptual framework project and set forth fundamental objectives and concepts that the FASB use in developing future standards. However, they are not a part of GAAP. There have been 7 concepts published to date. Interpretat ions – modify or extend existing standards. There have been around 50 interpretations published to date.Technical Bulletins – guidelines on applying standards, interpretations, and opinions. Usually solves some very specific accounting issue that will not have a significant, lasting effect. In 1984 the FASB created the Emerging Issues Task Force (EITF) which deals with new and unusual financial transactions that have the potential to become common (e. g. accounting for Internet based companies). It acts more like a problem filter for the FASB – the EITF deals with short-term, quickly resolvable issues, leaving long-term, more pervasive problems for the FASB. Governmental Accounting Standards Board (GASB)

Sunday, September 29, 2019

Professional and legal implications Essay

This assignment will explore the professional and legal implications of a scenario which took place within a healthcare setting during the last year. Health care is very complex and decisions about how services are provided can have a huge effect on people’s lives. Therefore it is imperative that the care offered has the best chance of benefiting a patient and not harming them. However, in the following scenario a decision made by a healthcare professional for the best interests of their patient is challenged by the patient’s mother. To protect confidentiality the real names of the individuals involved have been changed (NMC, 2008). Katie is a 24 year old woman who has been admitted to hospital with a severe chest infection. Katie suffers from recurring chest infections due to her condition and also has cerebral palsy, learning disabilities and epilepsy. Due to these conditions Katie is unable to communicate, requires a Naso Gastric Tube for feeding, is doubly incontine nt and has one to one care from a Health Care Support Worker for all her personal and clinical needs. Katie lives with her mother at home, who provides her care during the night. The medical team discovered that her chest infection is Pneumonia and begin the relevant treatment, however believe that due to Katie’s quality of life she should be Not for Resuscitation (NFR) in the event of a cardiac arrest. However, Katie’s mother argues that her daughter should be resuscitated and the decision should be made by her, because she is her mother and that the health care team are neglecting her daughter’s right to life and are acting illegally by making such a decision. Katie’s mum also believes that the health care team are basing their decision on Katie’s learning disability rather than her best interests. This essay will encompass the ethical considerations that need to be sought when a decision such as NFR is made. Taking into account the legal and professional implications this has on the health care team involved. Before making any decision the health care professional will need to consider if the Katie has the mental capacity, what are in the her best interests and protecting the her human rights. All these topics will be included in this essay. This essay will also explain why it is important for a health care professional to take into account the Bolam Test and Section 4 of the Mental Capacity Act (2005), taking into consideration a patient’s best interest when they lack capacity, before they make any decision. The Medical Team must act in accordance with the practice  that is accepted at that time and by a recognised professional body (Dimond 2008). All these issues are relevant in this scenario. Making a decision such as NFR is taken very seriously due to the known outcome in the event of a cardiac arrest. A Not For Resuscitation (NFR) decision indicates that a decision has been made not to call the resuscitation team if in the future that patient, such as Katie, suddenly stops breathing or suffers cardiac arrest. Resuscitation decisions are very controversial and have been the subject of much media interest. Especially when that patient has a learning disability. There is evidence of this in the appendix at the back of this essay and it will be discussed further on in the essay. A decision such as NFR is the responsibility of the most senior clinician for the specific patient, according to a revised guidance of cardiopulmonary resuscitation (2007). Every health board should have a resuscitation policy. The Local Health Board’s policy involved in this scenario can be found in the appendix of this essay. The policy, published in (2009) states that cardiopulmonary resuscitation (CPR) should be commenced unless; the patient has refused CPR; the patient is at the palliative stage of illness or the burdens of the treatment outweigh the benefit. The Health Care Team are required, before they make any decision to determine if Katie has mental capacity and if she is able to understand and contribute to the decisions of her treatment. If Katie had capacity and was not consulted about the decision then the heath care professional could be seen as acting unlawfully and the decision maker would be legally and professionally accountable (B v An NHS Trust [2002]). The Mental Capacity Act (2005) describes capacity as an individual’s ability to make a certain decision at a specific time and not on their ability to make decisions generally. Legal capacity depends on the patients understanding rather than their wisdom. They should be able to retain and understand the information that they are given and then communicate their decision with the appropriate professional (Simpson, 2011). A patient’s competency to capacity should not be presumed. An assessment of capacity should be made before a person can be said to be incapacitated (NMC, 2008). Nurses have the ability to assess capacity, if they feel that it is needed. However, they do not have the authority to make a decision such as NFR (Hawley 2007). Therefore, they must  refer to a doctor or psychologist to assess the patient’s capacity and make such a decision (Hutchison, 2005). Katie’s mental capacity, following the Mental Health Act (2005), will need to be assessed by a doctor or a psychologist due to the significance of the decision. The Case of Re C (1994) helped produce the 3 stage test of capacity and this has proved to be a suitable test used in the assessing process of capacity. However, the introduction of the Mental Capacity Act resulted in a 4th Stage being added (Section 3 MCA). The test decides whether the individual is able to: Comprehend and retain information, Believe information given and weigh it up, balance the risks and needs, make a choice. The fourth stage is to communicate the decision. In this particular scenario, after an assessment of Katie’s Mental Capacity using this test, determined that Katie did not have the Mental Capacity to make decisions due to her inability to understand the information and communicate the decision. This enables the team to make this decision for her as long as it is in her best interests. Katie’s mother believes that she should be the one to make this decision for her daughter because she is her next of kin and Katie’s power of attorney. The Mental Capacity Act (2005) allows a person to legally set up a lasting power of attorney. The chosen person or persons have the power to make decisions on the individual’s financial and personal behalf. The act does not allow enduring power of attorneys to be set up; however those already in existence can continue to be used. The lasting power of attorney has the power to give consent on behalf of a patient who is incapacitated if it is in their best interest (Thomson et al, 2006). However, the lasting power of attorney does not have the power to order a patient who is NFR or who is becoming NFR, as in this scenario, to be resuscitated if a health care professional has assessed that the outcome would not be in the best interest of the patient. There is no obligation to give treatment that is futile or burdensome as seen in the case of Re J (A Minor) (Wardship: Medical Treatment [1990]). As in the case of R (Burke v General Medical Council [2004]) no person has a legal right to insist on specific treatments either for themselves or relatives. The health care professional is not obliged by law to resuscitate Katie irrelevant weather Katie’s mother is next of kin or has power of attorney. It was discovered afterwards that Katie’s mother was not her power of attorney because Katie had never had the capacity to  appoint one. The health care professional will make their decision after assessing the patient and following the appropriate legal frameworks which are set to protect them and the patient and examining what decision would be in Katie’s best interests. Section 4 of the Mental Capacity Act (2005) sets out the legal framework for a best interest decision to be made, for people without mental capacity. This can be found in the appendix of the essay. The Act states that the health care professional making the decision must not make it simply on the basis of the patient’s age or appearance. The patient’s condition and aspects of behaviour must not affect the judgements of best interests and duty of care. The health care professional making the decision must consider all the relevant circumstances and consider the possibility of the patient gaining capacity (MCA, 2005). However, if this is not possible then the health care professional must revise the past and present wishes of the patient, especially if an advance directive has been made. In relation to the scenario, it is crucial that this checklist is considered when making a decision such as NFR, due to Katie’s Learning disabilities’. Mencap (2007) published a report called ‘death by indifference’ which can be found in the appendix of this essay. The report examines cases where families believed that doctors used inappropriate use of Do Not Resuscitate Orders simply because the patient had a learning disability rather than assessing the best interest of the patient resulting in institutional discrimination. The Mental Capacity Act (2005) adds that the health care professional must consult anyone caring f or the patient or who is concerned for their welfare and gain their views on the decision (Dimond, 2008). In this scenario Katie’s mother was addressed and informed of the decision and her views were taken into account, despite the disagreement of the overall decision. Katie’s mum’s attitude and opinion towards the decision could be biased. She may genuinely not recognise that an NFR decision would be in the best interests of her daughter. Katie’s mother has her own values and beliefs that are likely to be factors that can influence her disapproval. The health care professional involved with Katie’s care will need to reassure Katie’s mum, show compassion and empathise with her situation. As stated earlier in the essay, the best interests of Katie can be determined via consideration of a checklist of circumstances within Section 4 of the MCA (2005). The benefits of treatment  and the probability of them arising are considered (Griffiths and Tengnah 2008). In this scenario the benefits of resuscitation would be measured. If it was agreed that res uscitation would do more harm than good then it would be considered that NFR would be in Katie’s best interests (Re A (mental patient: sterilisation) [2001]). Due to Katie’s quality of life, because of her cerebral palsy and epilepsy, it was considered by the health care professionals that it was in the best interest of Katie that she becomes NFR, as the outcome of resuscitation would not improve her quality of life. It was also agreed that resuscitation would do more harm to Katie than good, due to the probability of resuscitation being unsuccessful. However, Katie’s mum believes that the health care professionals are depriving her daughter of a right to life as was in the case of Airedale NHS Trust v Bland [1993]. The Human Rights Act (1998) is an Act of Parliament produced to protect the rights of individuals. The Act incorporates convention rights and protocols and is comprised of several articles. Schedule 1 Article 2, the Right to Life is of particular relevance in this scenario. The Article legally entitles every person’s individual’s right to life to be protected by law. It states that an individual†™s life should not be deprived intentionally. Katie’s mum believes that the decision of NFR is infringing her daughter’s human rights. If this is proved to be the situation then the professional could face legal action (Dimond, 2008). In this scenario the health care professionals are acting in Katie’s best interests and will not face any legal proceedings as long as they can justify their decision. This was illustrated in the cases of; National Health Service Trust A V D and others [2000], NHS Trust A v M [2001] and NHS Trust B V H [2001] indicates that decisions such as NFR, which are found to allow the individual to die with dignity and be in the best interests of the person, are not legally classed as infringing human rights. It could be implied that the decisions of NFR supports Katie’s human rights. If it is considered that Katie’s quality of life would remain poor or that resuscitation could potentially cause her harm and not be in Katie’s best interests then it could be implied that resuscitation in the event of Katie experiencing a cardiac arrest could prove a degrading treatment (Thompson et al, 2006). In this particular scenario Katie’s mother is accusing the health care professionals of being negligent. The case of (Bolam v Friern Hospital Management Committee [1957])  initiated the Bolam test. The Bolam test is used to examine if a health care professional has been negligent. If the health care professional has acted in accordance with an accepted practice which is approved by a recognised professional body then they cannot be thought as negligent. However, it could be disputed that the health care professional could be assumed negligent if they resuscitated Katie since it is not in her best interests as the health care professionals have a legal duty of care to preclude acts or omissions which can potentially injure the patient (Donogue v Stevenson [1932]). If the health care professionals were to resuscitate Katie and it resulted in her becoming harmed then the health care professionals could be accused of being negligent under the Bolam test. Once a decision such as NFR has been justified and documented then if Katie was resuscitated in the event of a cardiac arrest then this treatment could been seen as battery and it is unlawful as in the case of (Airedale NHS Trust v Bland [1993]). Such as in the case of Bland where the patient’s recovery was not going to happen due to him being in a Permanent Vegetative State, then the courts can decide that treatment can be withdrawn and not infringe the human rights of the individual (NHS Trust v M [2001]). In this scenario the health care team have decided, that due to Katie’s ongoing chest infections, the pain that she experiences from her conditions and her poor quality of life, it would not be in Katie’s best interests for her to be resuscitated in the event of a cardiac arrest. Consequently health professionals are not infringing her right to life and consequently not legally negligent. All health care professionals have a duty of care to their patients (Dimond, 2008). For this section of the essay the author will focus on how a decision such as NFR can have on a nurse and discuss the legal implications that may occur. Registered nurses are governed by The Code: Standards of conduct, performances an d ethics for nurses and midwives (NMC, 2008). The code is not a legal document however, it sets a framework of standards that a nurse must adhere to within their practice and it enables them to act lawfully. Decisions such as NFR can cause professional issues for a nurse. The nurse is the frontline provider of their patient’s care (Dimond, 2008). They have the most contact with the patient and their relatives. They often develop a therapeutic relationship with both. This could cause the nurse to face a dilemma of being criticised by the family and friends of the patient if they  do not commence CPR or even face criticism from their colleges if they did proceed with CPR (Dimond, 2008). The nurse may feel duty-bound to commence CPR due to the relationship they have formed with the patient. However, the nurse must always act lawfully. Due to the nurse’s role as the care provider, they often have contact with the family members. This may provide difficulties for the nurse if the family, such as Katie’s mum, disagree with a decision that has been made. Therefore, the nurse may be faced with a possible confrontation from the family or friends of the patient due to their disapproval (Hughes and Baldwin, 2006). The nurse has a responsibility to their patients to provide a high standard of care (NMC, 2008). However, at times they may feel as though they are being prevented from providing this standard when a decision such as NFR is issued and could cause them professional implications. However, it could also be argued that the nurse is fulfilling their role in such a situation as the nurse has a duty to alleviate the suffering of patients (Rumbold, 2002). The nurse would not be alleviating a patient’s suffering if they commenced CPR and it had been decided that it was not in the patients best interests. Nurses are accountable for their actions (NMC, 2008). The accountability of not providing CPR to a patient can present the nurse with a professional implication. Therefore, as the essay mentioned earlier, if the decision of NFR is legal then the nurse will not be held professionally accountable for not commencing CPR if their patient experiences a cardiac arrest. All Health care professionals are responsible for maintaining standards set in the code of professional conduct. The NMC (2008) governs nurses to ‘Adhere to the laws of the country in which you are practicing’. This implies that nurses are required to act lawfully. They are required to follow orders such as NFR regardless of their own values and beliefs. A decision such as NFR creates the question of: who has the right to decide what is in the best interests of a patient. Even though the person making the decision is professionally qualified to do so they may find it complicated in proving that it is in the best interests of a patient without capacity (Runciman et al, 2007). The professional has a duty to act lawfully and be able to sustain this when making such an important decision. The attitudes of a nurse can offer professional implications for a decision such as NFR. Attitudes are governed by personal values and beliefs. If the nurse did not agree that it is in theà ‚  best interests of the patient to become NFR this could create some difficulties. The nurse may decide to vocalise what they consider is in the best interests of their patient and this could conflict with the NFR decision made by the health care professional resulting in an ethical dilemma (Thompson et al, 2006). According to Schlutz (1998), there is considerable evidence that many nurses experience the feeling of powerlessness when confronted with an ethical dilemma and fear conflict with other professionals such as consultants and doctors. Due to this they may abide by instructions regardless of it conflicting with their own professional values and beliefs. This could imply that the nurse involved with Katie’s care could follow an instruction as NFR despite it being against their own professional opinion. However, the nurse must be accountable for their actions and must indicate a satisfactory reason for their conduct (NMC, 2008) therefore potentially resulting in a professional implication. Rundell (1992) claims that the nursing of a palliative patient and providing them with a dignified death, uncomplicated or uncompromised by CPR could prove to be more complex than simply intervening and commencing CPR. Therefore not intervening when a patient is suffering a cardiac arrest can res ult in a professional implication of the NFR decision. The nurse could find it very difficult to watch a patient suffer a cardiac arrest and not be allowed to intervene because of an NFR decision made by a health care professional who may not even have had a therapeutic relationship with the patient or their family. Doctors and nurses are professionally responsible to perform beneficently, justifying and respecting the rights of others (Thompson et al, 2006). Beneficence can be defined as an action taken that will benefit others and prevent and remove harm. Examples of harm are suffering and death (Herbert, 1998). If a health care professional fails to act beneficently it violates social, moral and professional standards (Beauchamp and Childress, 1989). This principle implies that the health care professional would be acting unprofessional by not commencing CPR. However, Casteldine (1993) implies that it is of greater beneficence for the health care professional to acknowledge end of life on certain occasions rather than using CPR, which could potentially cause harm, to prevent death. This implication is seen within the scenario. However it is imperative that the staff perform lawfully. Health care professionals are often faced with the  dilemma as to whether a certified decision has been made morally and legally accepted. This could result in disputes due to differentiating values and beliefs (Herbert, 1998). The NMC (2008) states that a patient, who does not possess capacity, should be protected. This may cause conflict in role responsibility in an NFR decision, as a health care professional not commencing resuscitation in the event of a cardiac arrest could potentially cause the issue of passive non-voluntary euthanasia. This is a further professional implication that the nurse may experience when a decision such as NFR is initiated. Passive non-voluntary Euthanasia can be defined as when the individual who dies is unable to give their consent and the individuals competent requests concerning euthanasia are not known, such as Katie’s wishes are not know due to her not having the mental capacity. In effect it involves not providing or discontinuing treatments that would be relatively successful in preventing the patient’s death because death is considered to be kind to the patient by the health care professional making the decision. Therefore, this type of euthanasia depends on other factors for its achievement in causing death, such as Katie’s underlying pneumonia which if left untreated could kill her or promote her inability to breathe satisfactorily without oxygen or respiratory assistance. By withdrawing treatment or as in Katie’s case creating an NFR that would normally be done for a patient with this condition, with the objective of causing the patient’s death out of compassion could be regarded as passive euthanasia and be interpreted as allowing the patient to die rather than killing them. Again when faced with such a situation the nurse must always abide by the NMC Code (2008) and act lawfully in their practice and they will not be accoun table for breaching their professional duties. In conclusion, this essay has contained numerous reasons why legal implications could arise due to Katie’s mother disagreeing with the NFR decision. When a health care professional makes a decision such as NFR, it is taken very seriously and as this essay has explained the health care professional has a legal obligation to justify their decision. They are required to follow the appropriate assessments and procedures before making their decision. The health care professional has a duty of care to their patient and they must ensure that they are considering the overall outcome and quality of life if CPR was performed and if it would be in their patient’s best interests or  potentially cause harm. It is imperative that they discuss all decisions with the immediate family and reassure the family that they are acting in the best interest of the patient (Hawley, 2007). Decisions such as NFR need to be regularly reassessed because a patient’s condition may improve or they may regain their capacity to make decisions. There are many legal and professional implications that the health care professional could encounter due t o such a decision. Therefore it is essential that they are aware of the law because they will be accountable for their actions. Ultimately they must be able to prove that they are acting in the best interests of the patient and be able to provide relevant evidence to support this. In this particular scenario, Katie’s mother was made fully aware of the NFR decision and what it meant if Katie was to have a cardiac arrest. She was involved in the decision making process and consulted regarding her daughters condition. Soon after the health care professional made the NFR decision Katie’s health deteriorated due to the Pneumonia and subsequently her quality of life was poorer than previously. It was at this point that Katie’s mum finally accepted the NFR decision and realised that it was in the best interests of her daughter that she should not be resuscitated. As the essay has shown, in the event that Katie’s mother pursued a clinical negligence claim against the Health Board, on the grounds that she believed the health care professionals in charge of Katie’s care were neglecting her daughters right to life, the likelihood of a ruling that Katie be for resuscitation in the event of a cardiac arrest would be unlikely due to Katie’s mental capacity, overall outcome, quality of life and the evidence supporting the health care professional’s decision that it would be in Katie’s best interest. In conclusion, the essay draws on the fact that all health care professionals, when making a decision such as NFR are required by law to assess patients mental capacity, follow a code of practice and always act in the best interest of the patients regardless of the patients families views and a patients disability. In order for this to be achieved, the Bolam Test and Section 4 of the MCA (2005) should be considered. The health care professional in this scenario conducted their decision process accordingly, following the correct assessments and legal frameworks, basing their decision on Katie’s best interests due to her ill health rather than her learning disability. 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Pearson Education. * Herbert C L, (1998), ‘To be or not to be’ an ethical debate on the not for resuscitation status of a stoke patient, Journal of Clinical Nursing, 6: 99-105 * Hughes JC and Baldwin C, (2006), Ethical issues in dementia care; making difficult decisions, Jessica Kingley Publishers * Hutchinson C, (2005), Addressing issues related to the adult patient who lack the capacity to give consent, Nursing Standard, 19 (23): 47-53 * http://www.dailymail.co.uk/health/artcle-2101445/NHS * http://www.gmc-uk.org/guidance/ethical_guidance/writing_references.asp * http://www.mencap.org.uk/74deaths * http://www.legislation.gov.uk/ukpga/2005/9/contents * http://www.lawcf.org/CMS/uploads/611/documents/Case Note on Leslie Burke * National Health Service Trust A v D and others [2000] Lloyds rep med 411 * NHS Trust A v M [2001] 1 ALL ER 801 * NHS Trust B v H [2001] 1 ALL ER 801 * Nursing and Midwifery Council (2008) Code of Professional Conduct: Standards for Conduct, performance and ethics, NMC * R (on the application of Burke) v General Medical Council and Disability rights commission and the official solicitor of the Supreme Court [2004] Lloyds Rep Med 451 * Re A (Mental Patient: Sterilisation) [2001]) 1 FLR 594 * Re C (Adult refusal of treatment) [1994] 1 ALL ER 819 * Re J (a Minor) (Wardship: Medical treatment) (1991) Fam 33; [1990] 3 All ER 930; [1991] 2 WLR 140; Times, 03 October 1990; [1992] 1 FLR * Rumbold G, (2002) Ethics in nursing practice, Third edition, Bailere Tindall Publishing * Rundell s and Rundell L, The Nursing Contribution of the resuscitation debate, Journal of clinical nursing, 1: 195-198 * Runicman B, Merry A and Walton M (2007), Safety and ethics in healthcare; a guide to getting it right, Ashgate publishers * Schluzt L, (1998), Not for Resuscitation; two decades of challenge for nursing ethics and practice, nursing ethics, 4 (3): 227-240 * Thomson IE, Melia KM, Boyd KM and Horsburgh D, (2006) Nursing ethics, Fifth edition, Churchill Livingstone.

Saturday, September 28, 2019

Heroic Criminals Essay

All throughout childhood we are taught that breaking the law is bad and the people who do are criminals and should be punished. Edward Abbey, author of The Monkey Wrench Gang, and Carl Hiaasen, author of Sick Puppy, alter these thoughts. Both novels focus on adventuresome environmentalists who stir up trouble in means of standing up for their beliefs. Both Abbey and Hiaasen construct higher and natural laws over the traditional justice system that gives characters justification for their actions. Ethically we as humans should not side with these rebellious characters, but the theme is so central in the books cover-to-cover that we, as readers, lose sight of morals as the authors manipulate us to become completely invested in these heroic criminals. With sharp uses of characterization and description, Edward Abbey glorifies the art of law breaking and leaves his readers cheering for the heroic criminals. Throughout The Monkey Wrench Gang, the group of four activists set out to destroy bridges, signs, bulldozers and anything else harming the American southwest. From the very beginning, Abbey illustrates a scene full of the workings of the justice system in his prologue. When describing the ceremony to open the bridge he states, â€Å"the bridge stands clear and empty except for†¦a symbolic barrier of red, white and blue ribbon stretched across the bridge from rail to rail† (3). If the sense of patriotism wasn’t evident enough through images of children eating ice cream cones and people drinking Coca-Cola before that, Abbey drapes the bridge in the colors of our nations flag. His portrayal of the project seems to be adored and almost sponsored by America. He uses the writing technique of verisimilitude throughout the prologue to captivate readers and make them anxious to see who disapproves the project. This is a true introduction and welcoming to rebellious characters. As the novel progresses, we become familiar with the gang: Hayduke, Bonnie, Seldom Seen and Doc, as they are driving through billboard signs. Some readers might lose respect for the characters because their actions seem hypocritical and pointless. Their actions are against the law. But then Abbey slowly develops the characters and gives them justification for these criminal actions. He does this with Hayduke criticizing the construction of bridges, â€Å"They can’t do that; it ain’t legal. There’s a law against it. A higher law† (27). The phrase â€Å"higher law† justifies the gang’s destruction because they are taking a stand to save the environment, the beautiful American southwest. As destruction projects get bigger, we find ourselves rooting for these criminals because they are heroes. And we find ourselves captivated in the novel with Abbey’s clever use of an episodic plot. He arranges plot elements into a story and although we aren’t deep into the character’s lives, the focus on episodes drives us forward. As Abbey slowly develops the protagonist characters, he introduces the character, Bishop Love, who we as readers coin as the antagonist. Once again Abbey manipulates our morals as we begin hating the character who could possibly bring down our rebels. Bishop Love exclaims, â€Å"We might get them on the Mann Act come to think of it-crossing the state line for immoral purposes† (296). The fact that the Mann Act was first established to regulate prostitution across state lines cleverly draws us against the bishop’s character and law in general. Abbey’s use of an actual law brings the entire chase back to reality as we still see ourselves siding with the heroic criminals. Abbey actually creates this chase into a war and the heroic criminals become heroic war veterans. As the chase continues, Hayduke once again defines this higher sense of law and justification for war, â€Å"I sat in that rotting jungle every night, playing with my chain, and all I could think about was home. And I don’t mean Tucson†¦I thought about the canyons† (359). This is a very lively twist on the patriotic term war because when we think of war we think of Americans going into another country. Here, Americans are in a war in America against other Americans. And because of this, someone is breaking the law or going against the law. As true as that statement is, we find ourselves naming the criminals as the war heroes through Abbey’s manipulation. Although in the end these heroes are captured and the project seems to be brought to an end, the denouement proves to serve poetic justice. The epilogue consists of Doc, Bonnie and Seldom being almost immediately bailed out of jail, Bishop Love in slow recovery, and the survival of the most prominent environmentalist, Hayduke. Such a fitting ending for our manipulated beliefs. Similarly to Edward Abbey’s manipulation of our morals through characterization and development, Carl Hiaasen uses the same techniques within the theme of criminal heroes. Right off the bat, we meet Twilly who is the definition of activist. We quickly learn that if he doesn’t like something, he takes immediate action. And it’s not with anger that he takes action, but disappointment, â€Å"†¦if I was really pissed, I would’ve done it on a Monday morning, and I would’ve made damn sure my uncle was inside at the time† (19). This is in response to his therapist asking if the reason he blew up a bank was due to the fact that he was angry his uncle made a loan to some â€Å"rotten people† (18). We aren’t really introduced to the proper sense of law as we were in The Monkey Wrench Gang, but such grotesque images of the characters in political positions make us see them as the bad guys and the person who blows up a bank as a hero. More grotesque images develop as we learn about Robert Clapley and his Barbie dolls and Palmer Stoat and his trophies. So even though we want to hate the main characters, we hate who Hiaasen wants us to hate more. With this manipulation technique and Hiaasen’s rapid tonal shifts between parallel characters, we find ourselves not being able to put the novel down. He creates a sense of higher law that gives us a place to go and pretend we’re there with Twilly being a heroic criminal and activist. Hiaasen also does not overstep his boundaries with this sense of higher law as characters are able to resist destruction. In the scene where Twilly and Desie are driving behind a lady in a Lexus who threw her cigarette butt out the window, Twilly wants to put her car up in flames, but he lets off (219). Although we are already on Twilly’s side, the fact that he can resist gives him more respect as a â€Å"criminal. † Once again, in the reader’s eyes, what makes him a hero is how Hiaasen develops the negative characterization of characters like Clapley, Gash and Stoat. In a very grotesque scene between Clapley and Stoat, Stoat explains, â€Å"The important thing is, that nutty kid is finally out of the picture. And, oh yeah, Desie and Boodle are OK, too. Not that I give a shit† (360). Immediately after this is said, â€Å"Clapley finds himself gazing past Stoat, at a dancer performing in a nearby booth†¦Ã¢â‚¬â„¢if only she was taller’† (360). As illustrated, Clapley and Stoat are both sick people and we want them to be punished and destroyed. We are pulling for Twilly to torture them and win. The novel takes shifts towards a focus on the greed of politics where nature is just a victim and Twilly is standing up for it. In another beautiful example of poetic justice, the epilogue is used as a framing device to bring the novel full circle. In one example, the novel begins with Stoat hunting a rhino and ends with him being impaled by one (429). The ending of our other hated character, Robert Clapley, comes full circle as his most prized possessions, Katya and Tish, become, â€Å"†¦a trademark symbol; this order to include but not expressly be limited to such oral and visual depictions as ‘Goth Barbies’, ‘Undead Barbies’, and ‘Double-Jointed Vampire Barbies’† (445). This is a direct occurrence of what Clapley didn’t want to happen and we find ourselves giggling about the fact. The sense of the novel as a political cartoon truly adds to our enjoyment as readers and superb justification of higher law and love for heroic criminals. In conclusion, both Abbey and Hiaasen create a new definition of criminal through manipulating our morals in their development of characters and justifying it with the sense of a higher law. Adventuresome environmentalists deface and destroy many things, yet we find ourselves as readers cheering for them to do so and get away with it. Ethically we should not side with these rebellious characters, but we truly are completely, 100% invested.

Friday, September 27, 2019

The Molly Mcguires of Pennsylvania Essay Example | Topics and Well Written Essays - 3250 words

The Molly Mcguires of Pennsylvania - Essay Example Though their life in Ireland was fraught with famine, poverty and arduous labor conditions, life in America was no less hard. At least in Ireland, they were not the subject of bigotry based simply on their heritage, accent or religion. Irish Catholics were thought of as almost sub-human. Two Catholic churches were burned to the ground while occupied in Philadelphia on May 6, 1844 causing 16 people to lose their lives. One of the only places in the country that the Irish were welcomed was in the coal mines of Pennsylvania where the owners of the mines were more than happy to employ those disenfranchised persons of Irish nationality who were desperate enough to take the dirty, dangerous jobs. It was in these Pennsylvania mining camps that the Molly Maguires experienced a rebirth in America. In 1860, following a typical tough day of mining, several Irishmen were heavily drinking and bemoaning the harsh working conditions at their usual location, the Girardville, PA lodge of the Ancient Order of Hibernians, a group established by Irish Catholics (Liljegren, 1964). The Irish working class had a long history of acting violently when they believed that they were being taken advantage of and the addition of being drunk and extremely unhappy served to light the fuse for actions against their oppressors. This is when they reformed the Molly Maguires, a group that had its roots in Ireland during the 1700’s. This very secretive brotherhood was originally formed to exact retribution upon their cruel English landlords who were infamous in their treatment of Irish tenants. The English would actually kill their tenants so that they could raise the rent on new renters. The ‘Mollies,’ as they were commonly called, took this name from such an instance of cruelty. Molly Maguire was an aged widow who was one of the people being evicted from her home by one of these evil