Human Euthanization Essay example -- Euthanasia Essays

Euthanasia should be legalized for terminally ill individuals on a voluntary basis to reduce medical costs, prevent prolonged physical pain and unnecessary suffering, and to preserve the dignity of the dying person. Terminally ill patients often accumulate massive amounts of medical expenses. In addition to costs, terminally ill patients are subject to excruciating pain and discomfort due to the disease and/or treatments involved, given only to prolong the inevitable. When a person is dying, he or she may have very little or no say in what goes on in one’s own home, finances, or other aspects of that person’s life, but one reserves the right to die with dignity intact. Euthanasia comes from Greek prefix â€Å"eu† meaning good or easy, and suffix â€Å"thanatos† meaning death (123helpme.com). In ancient Greece, suicides and assisted suicides were practiced regularly. In some situations, it was considered honorable to commit suicide or have a family member assist in one’s death (Walker). On the other hand, Socrates was sentenced to suicide as punishment for â€Å"corrupting the city’s youth with his teachings† (Yount). As time went on, suicide and assisted suicide became decreasingly accepted in society. As Christianity was introduced into Western civilization, a value was placed on the human life that was not there before. It was said that only God had the right to take the gift of life away from individuals. By the 19th century, most countries had laws against suicide, punishing the family by taking property, livestock, etc. However, those laws were lifted because they were found insensitive to the grieving famili es. Today in the United States, there are no laws against committing suicide or attempting suicide, however assisted suicide and eut... ...rable illness wishes to hasten death, the clinician should be obligated to assist the patient in carrying out those wishes, by prescribing medication or withholding life prolonging treatments. If laws were made to allow euthanasia and assisted suicide, this would have a positive effect on the economy, the public, and the emotional and financial condition of dying patients and their families. Works Sited Williams, Mary. Terminal Illness. 1st. San Diego, CA: Greenhaven Press, 2001. Print. Yount, Lisa. Euthanasia. 1st. San Diego, CA: Greenhaven Press, 2002. Print. Yount, Lisa. Right to Die and Euthanasia. Revised. New York, NY: Facts on File, Inc., 2007. Print. WWW.procon.org/euthanasia/historical-timeline WWW.usatoday.com Walker, Richard. The Right to Die?. 1st. North Mankato, MN: Sea to Sea Publishing, 2006. Print WWW.123helpme.com Human Euthanization Essay example -- Euthanasia Essays Euthanasia should be legalized for terminally ill individuals on a voluntary basis to reduce medical costs, prevent prolonged physical pain and unnecessary suffering, and to preserve the dignity of the dying person. Terminally ill patients often accumulate massive amounts of medical expenses. In addition to costs, terminally ill patients are subject to excruciating pain and discomfort due to the disease and/or treatments involved, given only to prolong the inevitable. When a person is dying, he or she may have very little or no say in what goes on in one’s own home, finances, or other aspects of that person’s life, but one reserves the right to die with dignity intact. Euthanasia comes from Greek prefix â€Å"eu† meaning good or easy, and suffix â€Å"thanatos† meaning death (123helpme.com). In ancient Greece, suicides and assisted suicides were practiced regularly. In some situations, it was considered honorable to commit suicide or have a family member assist in one’s death (Walker). On the other hand, Socrates was sentenced to suicide as punishment for â€Å"corrupting the city’s youth with his teachings† (Yount). As time went on, suicide and assisted suicide became decreasingly accepted in society. As Christianity was introduced into Western civilization, a value was placed on the human life that was not there before. It was said that only God had the right to take the gift of life away from individuals. By the 19th century, most countries had laws against suicide, punishing the family by taking property, livestock, etc. However, those laws were lifted because they were found insensitive to the grieving famili es. Today in the United States, there are no laws against committing suicide or attempting suicide, however assisted suicide and eut... ...rable illness wishes to hasten death, the clinician should be obligated to assist the patient in carrying out those wishes, by prescribing medication or withholding life prolonging treatments. If laws were made to allow euthanasia and assisted suicide, this would have a positive effect on the economy, the public, and the emotional and financial condition of dying patients and their families. Works Sited Williams, Mary. Terminal Illness. 1st. San Diego, CA: Greenhaven Press, 2001. Print. Yount, Lisa. Euthanasia. 1st. San Diego, CA: Greenhaven Press, 2002. Print. Yount, Lisa. Right to Die and Euthanasia. Revised. New York, NY: Facts on File, Inc., 2007. Print. WWW.procon.org/euthanasia/historical-timeline WWW.usatoday.com Walker, Richard. The Right to Die?. 1st. North Mankato, MN: Sea to Sea Publishing, 2006. Print WWW.123helpme.com

Big business affects ethics in promotion Essay

Ethics in marketing and promotion activities has been disregarded in the business world today. The reason again is the big profit at stake. Because big business entails big amount of profit, promotional ethics has been undermined. This gives birth to the deterioration of promotional ethics. History has shown many promotional activities that have evolved in style as well as in form while safeguarding the basic interest of promotions which is to profit just like in the lottery form of promotions. â€Å"In the 1960s, lottery-like contests designed to publicize products through sweepstakes competitions spread rapidly. In the 19th century, every state banned lotteries—defined as competitions in which chances to win prizes were sold—to protect citizens. In 1868, Congress prohibited the distribution of lottery materials through the mail. The mid-20th century sweepstakes, however, did not require contestants to purchase tickets or products to win prizes and were thus considered legal. † (Congress, 1970) In promoting a product, it is of a general rule that one must be honest. But looking at the business world today, honesty has vanished. The promotions in the business world have been characterized by deception. Majority of the companies promoting their products are only deceiving clients for earning purposes. They want a fast disposal of their products so that their capital and profit will soon be seen. They don’t care if the product is falsely advertised, all they care about is the people buying it. This absence of honesty and truthfulness plagues the business world. A product of such untruthfulness most of the time are discussed in court where a lot of clients give their complaints. Dishonesty can also be seen in instances like a company is telling the public that the product weighs like and the product gives vitamins such as these. But in reality, all they are saying are false and untruthful. This reality is very prevalent that sometimes people see it as just normal in marketing. Being dishonest sometimes is already accepted as part of the business world. In promotions, companies never look at the quality of their products. They just focus on promoting it and deceiving the public just again for profit. Promotions then become just words of manipulating the people. They do away from the criteria that what is said regarding a product must coincide with the truth about it. But in reality, truth about the product and the quality of the product diverge in two different directions. In promotion ethics, welfare of the clients must be first and foremost bannered. The clients are the ones giving life to the business world and they are the ones using the products. Again, with the prevalence of deception, businesses view the people as only tools for a desired end. They forget that the reason they indulge in business is not only for profit but for the service to the people. The people must experience good quality service from the business world. People must be given an honest and sincere service by businesses. The glamour for money of the people makes the promotional ethics deteriorate. This is a sad reality that we face. Now, it is true that it is very hard to overcome this because most people are very much inclined with money and the power in it. The constant desire of people to gain and assimilate material things brings about all the disease in promotional ethics. These are diseases that eat every persons’ being and not only deteriorates the promotional world but also the dignity of people inside it. SUMMARY While big business becomes bigger, media will continually be challenged to hold on to their ethical standards while balancing itself on the persuasive power of business to control media decisions of what to communicate and what information to keep away from public scrutiny. As these two forces contend with each other, using each other as leverage to further one’s own interests, balancers are needed. Social responsibility and media ethics are needed to strike the balance between these two forces from using each other’s strengths in order for the other to become bigger monsters that they are. â€Å"Big business has changed the world. The global growth of corporate culture has brought with it the spread of democratic systems, increased wealth and education, and diversified local economies. But it has also created extreme degrees of exploitation, greed, and environmental destruction. † (Enlightennext, 2006) It is a matter of time when consumers finally realize that they have the power to tip the scales between big business and media and forge these two giants to adhere to their social responsibility, ethical standards in a global setting. REFERENCES: American Advertising Federation Board of Directors, March 2, 1984, San Antonio, Texas.Berlau, John. March 18, 2002. Is big business ethically bankrupt? Insight on the News Blohowiak, Donald W. 1987. No Comment! An Executive’s Essential Guide to the News Media. Praeger Publishers Bowers, Chris. 2004. Media Conglomerate Will Attempt to Swing Election For Bush http://www. mydd. com/story/2004/10/9/153537/663 Congress, House, Select Committee on Small Business, Investigation of iPreselected Winnersi Sweepstakes Promotions: Hearings before the Subcommittee on Activities of Regulatory Agencies Relating to Small Business of the Select Committee on Small Business , House of Representatives, 91st Cong., 1st sess. , Washington, D. C. , November 12, 13, and 14, 1969 (Washington: Government Printing Office, 1970). DuBrin, J. , Andrew, (February 2004). Fundamentals of Organizational Behavior. South- Wester Publication, 2004 Donaldson, T (1988). â€Å"Broadcasters Seek to Clean Up the Industry and Hope to Regulated Commercial Activities on the Air,† â€Å"Ethical Dilemnas†. Chicago, 1988 Evans, Fred J. 1987. Managing the Media: Proactive Strategy for Better Business-Press Relations. Quorum Books. Ethics and Television. November 21, 2006 from http://www. museum. tv/archives/etv/E/htmlE/ethicsandte/ethicsandte. htm Enligthennext. 2006. Can Big Business Save the World? Retrieved November 21, 2006 from http://www. wie. org/business/ Gardner, Howard and Mihaly Csikszentmihalyi, William Damon 2001. Good Work: When Excellence and Ethics Meet. Basic Books Glover, JD. 1954. The Attack on Big Business. Harvard University Press How Much Do Television Ads Cost? November 21, 2006 From http://www. gaebler. com/Television-Advertising-Costs. htm Liebert, R. M., & Sprafkin, J. (1988). The Early Window (3rd ed. )New York: Pergamon. McGuire, William J, 1986. â€Å"The Myth of Massive Media Impact: Savaging and Salvaging. † in C. Comstock (ed) Public Communication Campaigns. 2nd edition. Newbury Park CA: Sage. NBC. â€Å"National Broadcasters Meet at Chicago and Adopt Code of Ethics† New York Times (New York), March 26, 1929. Perse, Elizabeth M. 2001. Media Effects and Society. Lawrence Erlbaum Associates Smith. J. W. 1994. The World’s Wasted Wealth II, (Institute for Economic Democracy, 1994), p. 224.

Why Did Global Food Prices Rise

Why Did Global Food Prices Rise? Why Did Global Food Prices Rise? There are many economic factors that lead to the increase in food prices globally. The case explains exactly â€Å"Why Did Global Food Prices Rise? † and how the economic factors have impacted countries and world’s lack of food. The tariffs and subsidies give rise to the increasing global food prices. This case also talks abut    how the government policies may be an advantage for some domestic producers and the disadvantage to others.The ones who benefit from the government policies to promote production of ethanol are obviously the ones producing    ethanol because they are looking for more options to be able to make ethanol. The different types of raw materials that can be produced into a substitute for gas, can affect the price of all goods. The ones who benefit to place tariff barriers on imports of sugar cane are the countries that have a higher production of    raw material because they will benefit from all of the production.For example: corn and soybeans are mainly used as tangible means for biofuel. The more demand for ethanol and biofuels, the more it will increase our prices for foods. Sugar cane can also be used for biofuels, however due to the tariff barriers the price of sugar cane has increased and it can no longer compete with the subsidized corn and soy beans. The Poor are suffering worldwide as a result of these policies. Unfortunately some of them are unable to afford food.Developed countries are usually giving the subsidies, so with the production of corn increasing rapidly for farmers to plant more of it the policies are beneficial to the developed countries. Consumers will suffer by paying more for corn as the demand for ethanol continues to increase. As well as Brazil, the sugar cane production suffers from the policies to promote the production of ethanol and the tariff barriers placed on sugar cane imports. If we accept that global warming is a seriou s problem, should we not be encouraging governments to†¦ View Full Essay

Recruitment and selection process Essay

Recruitment is the process of having the right person, in the right place, at the right time. It is crucial to organisational performance. Recruitment is a critical activity, not just for the HR team but also for line managers who are increasingly involved in the selection process. All those involved in recruitment activities should be equipped with the appropriate knowledge and skills. Before creating business plans or making decisions, it is important to ‘scan’ the external environment. This can be achieved through a PESTLE analysis, i.e. an investigation of the Political, Economic, Social, Technological, Legal and Environmental influences on a business. In addition it is also important to be aware of the actions of your competitors. These forces are continually in a state of change. Political changes relate to changes in government influence and can have huge significance for companies. Changes in the priorities for public spending or the UK ‘s relationships with other countries can open or close major markets. European Union (EU) regulations can have similar effects while the accession of new members (e.g. Poland) can bring business opportunities. Political changes are closely tied up with legal changes. Laws are continually being updated in a wide range of areas, e.g. consumer protection legislation, environmental legislation, health & safety and employment law, etc. Economic changes are closely related to social ones. The economy goes through a series of fluctuations associated with general booms and slumps in economic activity. In a boom nearly all businesses benefit and in a slump most lose out. Other economic changes that affect business include changes in the interest rate, wage rates, and the rate of inflation (i.e. general level of increase in prices). Businesses will be more encouraged to expand and take risks when economic conditions are right, e.g. low interest rates and rising demand. Social factors relate to pattern of behaviour, tastes, and lifestyles. A major component of this is a change in consumer behaviour resulting from changes in fashions and styles. The age structure of the population also alters over time (currently we have an ageing population). An understanding of social change gives business a better feel for the future market situation. Technological changes have also become particularly significant in the post-millennium world. This is particularly true in the  case of modern communication technologies. The creation of databases and electronic communications have enabled vast quantities of information to be shared and quickly distributed in a modern company enabling vast cost reductions, and often improvements in service. Organisations need to be aware of the latest relevant technologies for their business. The importance of diversity should be taken into account at each stage of the recruitment process. Read more: Essay About  Recruitment and Selection Processes and systems should be regularly reviewed to ensure hidden bias is removed and to ensure talent is not being blocked from entering the organisation. Everyone taking part in activities such as shortlisting and interviewing should be aware of relevant legislation and the importance of avoiding discrimination. Acknowledging and identifying the benefits of a diverse workforce is the first step towards making a positive change. Actively embedding diversity in the recruitment process signals an open and accepting culture. This attracts more applicants and provides a wider range of skills and experiences from which to select the best candidates for the vacancy. By supporting a diverse workforce, employers are laying the foundation for an innovative and more creative working environment, as employees are drawing on a wider range of unique experiences to contribute new ideas and approaches. Role models from a diverse background in senior positions can help retain current employees as well as attracting new candidates. A diverse workforce brings other benefits. The more contact people from different backgrounds have the less prejudice they display, this is known as the Contact Hypothesis Employing people from diverse backgrounds can help alleviate and prevent further reinforcement of stereotypes and create positive reputation for the company. Diversity policies should be incorporated in a business’s core strategy, not only as a duty to comply with the diversity legislation, but also as an integral strategy in developing the business. Diversity policies need to be mainstreamed and made the norm rather than the exception. This prevents them from being restricted to, and associated with, specific groups of people. Acknowledging and identifying the benefits of a diverse workforce is the first step towards making a positive change. Recruitment methods External recruitment is concerned with generating a pool of qualified candidates through external sources of employment. Under it, following  methods of recruitment are adopted. 1. Direct Recruitment Direct recruitment refers to a process of recruiting qualified candidates from external sources by placing a notice of vacancy in an organization’s notice board. 2. Casual Callers This method of recruitment is concerned with using previously applied candidates as a source of recruitment. This method avoids the costs of recruiting people from other sources. 3. Advertising Advertising is one of the most common and popular methods of external recruitment under which the job vacancy is announced through different print and electronic media. 4. Employment Agencies Employment agencies run by private, public or government sectors are regarded as an important source of recruitment for unskilled, semi-skilled and skilled jobs. The agencies are likely to have a list of qualified candidates in their records, and they render their service as per the requirement from other organizations for employment. 5. Schools, Colleges and Universities Most educational institutions provide placement services where the prospective recruiters can review credentials and interview the interested graduates. 6. Labour Contractors Labour contractors are an important source of recruitment under which workers are recruited through contractors. However, this method of recruitment is not used by many business firms and organizations. 7. Recommendations It is closely concerned with employee referrals. Under this method of external recruitment, applicants are introduced by friends and relatives. In fact, many employers, operating at a small-scale operation, prefer to take such persons as they are acquainted with backgrounds and credentials of prospective employees. Selection Methods This section looks at the process of selecting candidates. A variety of methods are available and consideration needs to be given as to which are suitable for a particular post. The methods described here are: Application forms Interview Group selection methods Realistic job previews Portfolio References Assessment centres Other testing Let’s look closely into few of these selection methods Group selection methods When working with other people is an important part of the selection process, it could be useful to consider a group selection method. This could involve asking a group of candidates to carry out a task and observing the ways in which they interact. The task need not be particularly complicated. It could, for instance, involve the group designing and delivering a presentation on the changing nature of the world of work. You could observe the group and look out for the people who seem to demonstrate the sort of qualities that the job requires; those who were verbally skilled, those who showed leadership behaviour, those who mediated when squabbles broke out, etc. It is important to tell people what sort of qualities you are looking for before you start such an exercise, as if you do not give clear goals, some potentially viable candidates may try to second-guess you and demonstrate completely untypical behaviours. Where clear goals exist, candidates may also show untypical behaviours, but this is very difficult to do successfully. Realistic job previews Methods like this are time-consuming and there are serious issues of confidentiality, but if you can screen your shortlist down to two or three candidates, there’s no reason why you shouldn’t bring them in and give them a problem to handle; preferably, it would be a problem that you’ve already dealt with successfully. A benefit with realistic job previews is that they can involve more staff in the selection procedure. People tend to work well with candidates whom they have seen and had some say about. References Written references have some drawbacks; perhaps someone wants rid of an employee – they certainly won’t give a poor reference under those  circumstances! Poor references could also turn out to be libellous, although one of the main problems is that people just don’t know what you’re asking for. The most accurate references may come from face-to-face or telephone interviews with someone who has had direct experience of the candidate’s work. Other methods Perhaps the most popular of the other methods available is psychometric testing, which offers actual tests in areas such as intelligence and personality characteristics. These include Raymond Cattell’s 16 PF Test, which broadly demonstrates candidates’ emotional stability. The Myers Briggs Test is reasonably user-friendly (it’s short) and purports to identify people by personality characteristics such as extrovert v. introvert and thinking vs feeling. Finally, there are selection methods which use samples of candidates’ handwriting (graphology), their star sign (astrology) or which select through palmistry. Little evidence exists to support these as adequate predictors of performance. Activity 2 Part of recruitment process is selection of suitable candidates. Selecting candidates involves two main processes: shortlisting, and assessing applicants to decide who should be made a job offer. It is a crucial stage in the overall recruitment process which is outlined in our recruitment factsheet. It is very important to get it right. ACAS provides a â€Å"how to get it right† some of the points are mentioned below. 1. Prepare a person specification. This should briefly describe the ideal person to fill the job. It is a profile of the personal skills and characteristics to look for in recruitment and selection. By writing a person specification, you can avoid inadvertent discrimination. 2. Review the applications. An application form can help you get the information you need and sift out unsuitable candidates. You can also use it as a basis for the interview. The form should only ask for information that is relevant to the job, During this recruitment applicants were selected based on following criterion on person Specification 1. Qualifications Certificate in Personal Practice 2. Knowledge Working knowledge of HR practices 3. Experience 4. Skills 5. Personal qualities Further details can be found in the Person Specification document attached. Based on the person specification three candidates have been selected and invited to interview however only two attended. 3rd candidate had to withdraw from the process due to personal reasons.

Educational Orientation for African Americans Essay

â€Å"Reality depends on one’s perception of the world. Thus, although there is one school, each student perceives his or her experiences in that school differently. Reality exists in that individual perception† (Marcus, Gross, & Seefeldt, 1991, p. 364). Ensuring social justice and opportunities of achievement for all students, especially historically underrepresented groups, has been my mission in life for many years. Concerned with issues like equal opportunity and treatment for all students, regardless of students’ social class, ethnicity, or family structure, I have always attempted to be cognizant of students’ perspectives. As a counselor in a school that is predominantly white with a few African American students I would like to research intervention strategies that would make those African American students in my school be more successful. There are many factors associated with school failure, especially in African American males. The purpose of this research is to identify those factors and develop interventions strategies to apply to combat the school failure of those students. Examining their culture and of the causes of this phenomena and understanding how they experience school was critical in identifying the issues and influences on their educations. Students’ failures to learn and succeed do not occur out of thin air. More specifically, African American boys’ failures to achieve do not occur out of thin air. A review of literature on Black male achievement shows that not only do they lag behind their White counterparts in America, but also in Britain and Canada (Graham & Robinson, 2004; Smith, Schneider, & Ruck, 2005). Attention must be given to examining policies, practices, attitudes, and experiences that create such failure in schools (Christle, Jolivette, & Nelson, 2005; Kagan, 1990; Nieto, 1999). Educators have many responsibilities. One of those responsibilities is to examine the reasons for the failure of students. Marian Wright Edelman (1992) sums up the purpose of education and echoes my belief of the responsibility of educators: â€Å"Education is for improving the lives of others and for leaving your community and world better than you found it† (pp. 9-10). The decision to study African American males in middle school arises from personal interest in equity and social justice issues. Tied to that is my experience in middle schools where I have been witness to struggling students, particularly African American males from low socioeconomic neighborhoods, who have demonstrated a lack of success in school. One cannot help but wonder why being Black and male puts students at risk for school failure (Davis, 2003; Noguera, 2003). For these reasons, my research is focused on a group of African American who are not successful in school; those who are struggling academically, demonstrating inappropriate behavior at school, and not putting forth effort to meet their academic potential. The research will seek to identify the influences, or the lack thereof, impacting these students’ success. When factoring in other issues that potentially result from a lack of educational attainment, such as involvement in illegal activity and incarceration of African American students, it is easy to see that we cannot afford to gamble on whether or not these students will make it on their own. Alarming statistics create a sense of urgency and responsibility for educators in reaching African American students in particular. Predictions based on steady incarceration rates reveal that 32% of African American males will likely serve time in state or federal prisons during the course of their lifetimes (U. S. Department of Justice, 2002). We are living in a country where twice as many African Americans live below the poverty line than Caucasians and where 40% of jail inmates are African American (U. S. Department of Commerce, 2002; U. S. Department of Justice, 2002). African Americans have held the lead in the percentage of people unemployed for three years consecutively (U. S. Department of Labor, 2003). Such statistics, when coupled with economic consequences of failing to adequately educate all students, paint a bleak picture for a large segment of our population. Gibbs (1988) goes so far as to say that African American males are an â€Å"endangered species. † She uses a dictionary definition to define this term as â€Å"a class of individuals having common attributes and designated by a common name [which is] in danger or peril of probable harm or loss† (p. 1). It is critical that struggling African American students are identified early to help avoid the dismal scenarios. The implications of failing to identify and assist struggling students at the earliest point possible not only have an immediate effect on students but also carry long-term consequences for students, communities, and the nation (Gibbs, 1988; Lee, 2002; President’s Committee, 1997). The educational and societal implications of not reaching this group of students are worthy of great concern. The lack of both academic progress and motivation to learn are symptoms of a larger problem. Without getting to the root causes for the underachievement of African American males, another year goes by and they fall further behind their academically excelling peers, lowering their chances of passing their grades or scoring at proficiency on the required yearly standardized tests. On a larger scale, this â€Å"silent catastrophe,† as a member of the London Parliament refers to the underachievement of Black male students, lays the foundation for impediments to quality of life, earned income, and other obstacles in these individuals’ lives, as well as implications for the greater society (Graham & Robinson, 2004, p. 654). behaviors children exhibit and failing to see the real problems. Conversations may take place between the teacher and the student or the student and an administrator on a superficial level inquiring as to why they are misbehaving or failing, but the deliberate search for the root causes is often set aside to deal with the immediate problem of behavior or unwillingness to learn. Students who are not succeeding academically often become â€Å"casualties of the educational systems that cannot see them because their problems remain invisible† (Nieto, 2004, p. 17). Classroom interventions, parent contacts, disciplinary consequences, counseling, and tutoring are a few of the strategies educators have implemented to improve student learning and chances of success. However, with some students it does not appear that we have scratched the surface of the underlying issues. Without getting to the root causes for the underachievement of African American males, another year goes by and they fall further behind their academically excelling peers, lowering their chances of passing their grades or scoring at proficiency on the required yearly standardized tests. On a larger scale, this â€Å"silent catastrophe,† as a member of the London Parliament refers to the underachievement of Black male students, lays the foundation for impediments to quality of life, earned income, and other obstacles in these individuals’ lives, as well as implications for the greater society (Graham & Robinson, 2004, p. 654). Irvine and Irvine (1994) suggested there are two perspectives that sum up the critical factor analysis on African American students’ failure in school. The first they call the achievement problematic, which suggests that Black students’ school failure is related to their cultural beliefs, perceptions and values about education. The second, cultural problematic, suggests that indifference to African American student culture is responsible for African American student school failure. The cultural vs. structural argument with regard to minority education is a common theme within sociology of education research. Empirical studies often highlight one or the other as contributing the under-achievement of African American. An examination of the various cultural and structural theories will put this debate into context.

English Tort Law Essay

Answer: This question raises some issues from negligence. In order to answer this question it is necessary to know about negligence, duty of care, and breach of duty, causation and remoteness. But here the most important parts are employers’ liability, multiple liability or causation, and personal injury. Here the main findings will be Betty Bloke is an employee of these companies or not, she can sue for asbestos-related mesothelioma as a third person. Here the facts are Harry Bloke worked as a carpenter for thirty-five years, being employed by Right Ltd for ten years, then by Ruff Ltd for a further ten years and then by Shoddy plc for fifteen years. Right Ltd were shop fitters, Ruff Ltd produced asbestos prefabricated garages and Shoddy plc produced insulating panels for the building industry. In all of these jobs he was required to work with asbestos sheeting, which he usually had to cut to size either with hand saws or powered saws. Betty Bloke, Harry’s wife, always washed his work overalls every Saturday. She would shake them outside the back door to remove the dust before she put them in the washing machine. Betty has now been diagnosed with asbestos-related mesothelioma and is very ill. All three companies deny liability for her illness. Before attempt to discuss the potential liability of all three companies to Betty in negligence it is necessary to find the relationship between Betty and all three companies. Here it is not clear that Betty was an employee of these companies or not, though every Saturday remove the dust. In 1934 Lord Wright said in Lochgelly Iron and Coal Co v McMullan [1934], ‘In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing.’ In Murphy v Brentwood District Council [1990], the House of Lords held that the council was not liable on the basis that the council could not owe a greater duty of care to the claimant than the builder. In doing so the court also overruled Anns and the two-part test, preferring instead a new three-part test suggested by Lords Keith, Oliver and Bridge in Caparo v Dickman [1990]. In order to impose liability on the employers, Betty has to established foresight, proximity and fairness and it is the current test. In Caparo industries v Dickman [1990], the shareholders in a company bought more shares and then made a successful takeover bid for the company after studying the audited accounts prepared by the defendants. They later regretted the move and sued the auditors claiming that they had relied on accounts, which had shown a sizeable surplus rather than the deficit that was in fact the case. The House of Lords held that the auditors owed no duty of care since company accounts are not prepared for the purposes of people taking over a company and cannot then be relied on by them for such purposes. Harry was an employee but the asbestos did not affect him. His wife suffered mesothelioma, so the current test has to show three things if there is to be a duty of care: 1) It was reasonably foreseeable that a person in the claimant’s position would be injured. Here for Betty Bloke, the risk was reasonably foreseeable as an employee but as a third party it is difficult to show. 2) There was sufficient proximity between the parties. Employers owed some duties to employees. 3) It is fair, just and reasonable to impose liability. After the Caparo test Betty may be satisfy three criteria. Then it will be a vital question that Employers breach any duty or not. The second problem is who has right to sue. Harry was an employee but he is not suffered any disease though it was obvious. If Harry sues on behalf of Betty then it will justify imposing liability to the employers. Here it will be discussed considering the relevant case laws. Bolton v. Stone test may be applicable to prove breach of duty. According to this test employers are not liable. As a general rule English law does not impose a duty, reasoning that the fault of X and not that of D. But exceptionally a duty may arise. Employers are vicariously liable for the negligent acts or omissions. Employers are also liable under the common law principle represented in the Latin phrase, â€Å"qui facit per alium facit per se†. So according to Home Office v Dorset Yacht [1970], and Lewis case it will be consider here. In Hotson v East Berkshire AHA [1987], a young boy suffered a fractured hip when he fell out of a tree. The hospital negligently failed to make a correct early diagnosis so that he later developed avuncular necrosis, a deformity of the even without the failure to diagnosis promptly. On this basis the trial judge, and later the Court of Appeal, awarded him 25 per cent of the damages they would consider appropriate for the loss of a chance of recovery. The trial judge commented that the hospital had translated the probability of the disability developing into a certainty by negligence in their failure to diagnosis. However, the House of Lords allowed the Health Authority’s appeal and would not consider the slim chance of recovery an issue of causation. In Blythe v Birmingham Waterworks [1856], the basic Rule is that the defendant must conform to the standard of care expected of a reasonable person. ‘Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinary regulate the conduct of human affairs, would do, or doing something which a reasonable and prudent man would not do. Betty could get compensation by applying McGhee. In McGhee v National Coal Board [1973], here the claimant worked in a brick kiln where he was exposed to brick dust, a possible cause of the dermatitis that he in fact contracted. The Board was not liable for exposure during working hours. They were held liable for materially increasing the risk of the claimant contracting the disease because of their failure to provide washing facilities, even though it could not be shown that he could have avoided the disease if there had been facilities the reasoning of the court was that, since the employer was clearly negligent in failing to provide basic health and safety the burden should shift on to them to disproved the causal link. This type of test is clearly more advantageous to a claimant than the basic ‘but for’ test applied so rigidly in Hotson v East Berkshire AHA [1987]. To identify the employer’s liability suffered mesothelioma after exposure to asbestos dust of Betty Fairchild v Glenhaven Funeral Services Ltd and others is the most significant test. In the case of Fairchild v Glenhaven Funeral Services Ltd and others [2001], the claimants suffered mesothelioma after exposure to asbestos dust over many years working for a number of different employees. The medical evidence identified hat the inhaling of asbestos fibres was the cause of the disease. Nevertheless, it was impossible to identify in which particular employment the disease was actually contracted. The Court of Appeal accepted that medical evidence could not identify a single cause of the disease, which might be caused by contact with even single asbestos fibre, or may involve cumulative exposure to fibres. The Court of Appeal in fact rejected the claims. The HLs, accepted the expert evidence that it is scientifically uncertain whether inhaling a single fibre or inhalation of many fibres causes the disease. However, the HLs held that, because it is evident that the greater the exposure has a duty to take reasonable care to prevent employees from inhaling the dust. Besides this the House felt that any other cause of developing the diseases could be ignored in the case. On the basis that the claimants suffered the very injuries that the defendants supposed to guard against, the HLs were prepare to impose liability on all employers. The House chose to apply the ‘material risk’ test from McGhee. In doing so the house held that because all of the defendants had contributed to a risk of mesothelioma, then no distinction should be drown between the makings of a material risk of causing the disease and course of action that would materially increase the risk of the diseases. Because the Employers should only be liable for proportion of the damages then each employer should be liable to compensate its employee un full, even though the employee may have inhaled more asbestos fibres while working for another employee. As a result the Court held that the precise employer responsible could not be identified and so the claim should be rejected. It is impossible to say with certainty how the disease begins, but it is possible to identify that prolonged exposure worsens the risk. It seems then that The Court of Appeal applied Wilsher v Essex AHA [1986] inappropriately where McGhee v National Coal Board might have been more fairly applied in the circumstance. The House of Lords has in any case subsequently reversed The Court of Appeal decision. In Holtby v Brigham & Cowan (Hull) Ltd [2003], here the claimant had been exposed to asbestos dust for more then 40 years while working for different employers. When he contracted asbestosis he sued the defendants, for whom he had only worked for half of that time. The trial judge reduced damages by 25 per cent. The claimant appealed and tried to argue for application of the principle in McGhee, that once having established a material contribution by the defendants he was entitled to full damages. The Court of Appeal rejected his argument and upheld the trial judge’s award, even though 50 per cent deduction would have seemed more accurate. McGhee was distinguished. A majority of the House of Lords in Gregg v Scott [2005], reaffirmed the general approaches in Hotson’s case should be followed and declined to depart radically from its principles. In Wilsher v Essex AHA [1986] the House of Lords identified that the excess oxygen was just one of six possible causes of the condition and therefore it could not be said to fall squarely within the risk created by the defendants. The court would not impose liability on the defendant in this circumstance although this seems very unfair. The main purpose of the rules of causation is to exclude those thinks that are not the cause of the damage. If the same damage would have been suffered even if the there had been no breach of duty of care, then he claimant loses. The breach of duty of duty may initiate a whole chain of further events-but some of these will be treated as to ‘remote’ from the original negligence for it to be appropriate to hold the defendant answerable for those distant outcomes. The test of remoteness of damage in the tort of negligence was said to be whether the damage the direct consequence of the breach of duty. The defendant was not liable, if it was merely indirect, which ‘broke the chain of causation’. This test was particularly associated with the decision of the Court of Appeal in Re Polemis [1921]. In The Wagon Mound [1961], The Privy Council held that defendant would be liable only if it was the foreseeable consequence. From the above discussion, a number of points can be made, which will be consider that Betty get compensation or not. †¢ The judges in the House of Lords in Fairchild accepted that the sufferers of mesothelioma, while inevitably deserving of compensation, are unable to satisfy the normal tests for causation because they will invariably be unable to point to a single party who is responsible. †¢ The Court was prepared to accept the possibility of a claim for three connected reasons: Claimants in such actions were unable to satisfy for causation only because of the current state of medical knowledge on the disease, although there could be no doubt that exposure to the asbestos fibres in whatever volume was at the root of the disease. Defendant has to prove that their negligence could not be the actual cause rather then the claimants prove the precise cause. The employer’s duty of care would be meaningless, as they could almost never be made liable. †¢ The majority of the judges were therefore prepared to accept an exceptional principle of McGhee. †¢ The Court was not prepared to extend principle of McGhee to factual circumstance such as those in Wilsher. †¢ The House of Lords appear to have engaged in a policy decision in order to ensure that there is compensation for asbestos related diseases contracted in the course of employment. So there is a limited chance to get compensation according to applying Fairchild and McGhee. Then three employers will be liable and bear compensation fully. But if Court apply Hotson v East Berkshire AHA Betty or Harry does not get compensation. Bibliography: 1) Markesinis and Deakin, Tort Law, 5th Edition (2003), Clarendon Press-Oxford 2) John Murphy, Street on Torts, 11th Edition (2003), LexisNexistm UK, 3) Chris Turner Unlocking Torts, 1st Edition (2004), Hodder & Stoughton 4) I. M Yeats & P. Giliker, Law of Tort, (2006), University of London

Racism - Malcolm X - Black History Month Essay Example | Topics and Well Written Essays - 250 words

Racism - Malcolm X - Black History Month - Essay Example He felt the pain of segregation but unlike most people, he strongly desired for a change in his community. He knew that something had to be done, and he knew that he could do something about the segregation. Malcolm emerged to be a very significant force for change that could awaken both those who lived and those that were to come. Racism in the United States went through construction and experience during this period. One of such experiences is the one Malcolm x experienced of how the blacks in the society of America were mistreated and neglected. Through the experiences of Malcolm x, it showed that the blacks could be perceived and treated like second-rate human beings. Malcolm redefined the geographical terrain and the tenor of the black politics. He redefined the governance system in America as a better and bigger form of segregation and harmful to the rights of the blacks. Malcolm x change the way people interpreted the civil rights act by affecting their existing definitions and interpretations. Malcolm x succeeded in making people unites so as to gain a racial pride through fighting for their