Effects Of Being Mixed Race On The Rural South Essay

Effects of being Mixed Race in the Rural South The mixing of races in the rural South was frowned upon up by society beginning as early as the start of slavery. Although the practice of mixing races was seen as a taboo, slave owners often had children with their slaves. The children of the slave owners and slaves were of mixed race, known as the mulatto, having half black and half white genetics. When races continued to be mixed, measurements were created by the Creoles of Louisiana as a system of determining how mixed an individual was. This caste system was used as a universal understanding of how much â€Å"black† a mixed person had in their genetics. The issue of race was not simply based on the color of skin, it was about the genetic make-up and history of the individual. Having any percentage of black heritage was seen as a distasteful. The problem of being a mixed race is the highlight of authors Victor Sà ©jour and Kate Chopin in their narratives â€Å"The Mulatto† and â€Å".Dà ©sirà ©e s Baby†. Both writers portray a character who struggles with their roots and societal pressure to conform to what society views as right and wrong. Beginning with â€Å"The Mulatto† by Victor Sà ©jour, the author tells a story within a story of a former slave named Georges. In this narrative, Sà ©jour mentions several different aspects a slave, in particular a mulatto, encounters, including issues of broken families, the denial of human affection, double relation of father and master, and hatred. Kate ChopinShow MoreRelatedWorld Geography Level : South Africa1599 Words   |  7 PagesDarin Colarusso Ms. Higgins World Geography Level 1 18 December 2014 South Africa South Africa is the future of Africa. They are undisputedly the economic, academic, and scientific leaders of that continent. They are the country that takes that first giant leap forward to a better life in Africa. South Africa is not like most of the other countries of Africa for many reasons. They are ahead of the game pretty much at any aspect. Even though they have major problems, they still are undoubtedly theRead MoreSouth Afric A Vast History Of Colonialism, Migration, And Migration1605 Words   |  7 PagesOverview: South Africa has a vast history of colonialism, migration and emigration, racial and gender segregation, epidemics, income inequality and extreme violence that has intrinsically affected and shaped the Healthcare System (South Africa Info, 2015). The apartheid is a major contributor of the problematic health system. Although, development in the public healthcare sector has occurred over the years, it still lacks adequate leadership and good management. Despite the policies initiated toRead MoreApartheid : Apartheid And Racial Discrimination In South Africa1655 Words   |  7 Pagesmeaning separateness was between blacks and whites in South Africa. It was the systematic and societal segregation of the races. Apartheid was between 1948 to 1991. All white nationalist government took over in 1948 and enforced segregation economiclly and in all aspects of life. Blacks and colored people were racially oppressed There is a long history of imperialism and racial segregation before apartheid took place that disenfranchised South Africa. In 1652 the Dutch settled Cape for more tradeRead MoreThe Apartheid Of The South African Apartheid Essay2149 Words   |  9 Pages1876. This system of racial intolerance inspired the South Africa’s oppressive regime and lead way to the better-known Apartheid in South Africa. However, since the South African Apartheid was based on our model shouldn’t it simply be known as â€Å"The Apartheid†? It is interesting to note the varying global images each of these tragic systems have had. As a student, born and raised in Canada, it is deeply troubling that I first learned about the South African Apartheid before I learned about Canada’s.Read MoreThe Migration Of Australia, The San / Ju / Hoansi And The People Of Chinas Urban1690 Words   |  7 Pagespolices or the patterns of migration and relocation that are both effecting and being eff ected by both of these elements, the development of a culture is ongoing and involves a comprehensive look into all influences to determine what has occurred, why has it occurred and what will these changes effect. This paper will examine the flow from changing government polices effecting economic development and it’s flow to effect migration and location patterns , however the chain of events is not so linearRead MoreEssay on Low Income Families Living in Food Deserts1326 Words   |  6 Pagesgrocery stores out of many cities in the past few years, either only leaving only a few, and in some cases none. Many of these people leaving in these rural urban areas do not own cars and because the grocery stores that are still around are so far, a person’s shopping trip may require them to take several buses or trains. In both suburban and rural areas, public transportation is either unavailable or very limited, with grocery stores miles away from residents’ homes. I n cases where public transportationRead MoreSlavery And The Black Slavery1534 Words   |  7 Pagesmedical practice ended up in intense quarrels. New York County in the North, one of the Mid Atlantic Colonies had the largest number of slaves. It was common for traditional Dutch Pentecostal to perform a celebration by dancing, drums and banjos; they mixed with Africans and Creole. Grain production in the eighteenth century increased as more slave laborers were purchased by non-elite white people. It was in Pennsylvania where slavery was debated because it was regarded as an immoral act, slaves wereRead MoreEnvironmental Racism : Environmental Discrimination1677 Words   |  7 Pagesbased on race or color (qtd. in Revalthi 199). Environmental racism is considered a threat to human lives because it focuses on a particular or specific part of a racial group or color. An industry in a rural area will undermine the health concerns of the residents living in that area. A study by the U.S. General Accounting Office indicated that three quarters of commercial hazardous-waste landfills in the southern region of Alabama, Florida, Georgia, Kenturky, Mississippi, North Carolina, South CarolinaRead MoreA Reflection of the Treatment of African Americans in the 1920s and 30s1378 Words   |  6 PagesWorld War II, African Americans faced many forms of discrimination. After World War I, during the 1920s, some 800,000 African Americans moved north to cities such as Detroit, New York City and Chicago due to the harsh treatment they faced in the South. However, the North was not free of bigotry. Langston Hughes, a famous African American poet and author, wrote many poems describing the treatment of African Americans and th eir struggle to survive. Hughes poems reflect the treatment of AfricanRead MoreSocial Ecology And Its Effects On Human Development3327 Words   |  14 PagesAbstract Social ecology is defined as the relationship of human beings to their environment. The social ecological approach analyzes the social, behavioral, and physical characteristics that influence community crime rates. This approach was developed in the early 1900s. Social scientists, Robert E. Park and Ernest W. Burgess, of the University of Chicago, developed this ecological analysis. This paper provides an overview of the studies and findings conducted by Robert E. Park and Ernest W. Burgess

Marketing Strategy Of Coca Cola - 1751 Words

This assignment is prepared in order to fulfill the partial requirement of our graduate program MBA (Masters in Business Administration) under Westcliff University. The students are assigned to submit Comprehensive Learning Assessment of marketing on a product or service. This assignment has been prepared with a different idea in mind. This assignment contains a brief introduction of a product Coca Cola. Also, I have performed an environmental analysis, industry analysis, SWOT analysis and marketing mix analysis in order to identify the potential areas of growth and areas where more attention is required for the success of the business. The main objective of this assignment is to develop and study a media plan of Coca Cola. This media†¦show more content†¦Apart from developing media plan objective this paper tries to identify the positioning of Coca Cola in the global market and to develop strategies to improve the positioning of Coca Cola in coming days. Introduction Coca Cola Company is the world’s leading soft drinks, operates in more than 200 countries and sells 400 brands of non-alcoholic beverages in beverages industry. Coca Cola is also the most valuable brand in the world and world’s largest manufacturer and distributor. Coca Cola is a globally recognized and known successful company. The Coca Cola was founded on May of 1886. As late as the 1990s, Coca Cola was one of the most respected and impressive companies in the world, known as a very successful and most impressive management team (Nasdaq, 2014). Since 1998, the Coca Cola Company has been tackling with internal weaknesses, imperfection, and external risks and threats uncertainty. Marketing Environment Analysis of Coca Cola An organization needs to analyze its PESTLE factors in order to identify the external factors that may affect their business or may occur in the market. So, this environmental analysis is performed to analyze the factors that may affect the operation of Coca Cola Company. The marketing environment analysis of Coca Cola is as follows: Political Factors Coca Cola non-alcoholic beverages are within the food category. Coca Cola is a global product and is

Critical Appraisal Study of Cohort Study-Free-Samples for Students

Question: Critical appraisal on a cohort study using JBI critical assessment tool on cohort study. Answer: Introduction: Evidence based practice can be defined as any interdisciplinary approach medical practice that serves by integrating three most available research evidence on different treatments and its effect, clinical expertise and judgment, and most importantly client preferences and values while designing planning and implementing a particular care strategy. There are various benefits to evidence-based practice into the care, such as better care outcomes, enhanced patient safety, and improved living quality in the Healthcare facility (LoBiondo-Wood Haber, 2017). Evidence based practice has contributed in obliterating a lot of Healthcare complexities such as medication errors. Medication errors are any avoidable event that can cause inappropriate medication administration leading to reversible or irreversible harm to the patients (Ghaleb et al., 2010). Evidence based practice can effectively obliterate medication errors and provide a much safer care environment to the patients (Melnyk Fineout- Overholt, 2011). This assignment will attempt to critically appraise a cohort study on how evidence based practice can prevent adverse drug events in neonatal Intensive Care units. A cohort study is an investigative design of medical research and emphasizes on establishing links between factors and their outcome in the healthcare scenario. Hence it can be mentioned that a cohort study will be an accident tool in order to serve the purpose of critical appraisal study. Critical analysis: The critical analysis for this assignment will follow the JBI critical appraisal tool. The paper on the review by Morris et al. discusses the effectiveness of a barcode medication administration system (BCMA) as a mode of evidence-based practice that has the potential to reduce preventable adverse drug events in neonatal Intensive Care Unit (NICU) (Morriss et al., 2009). The very first question which focuses on the two groups selected in the study and whether they are similar and recruited from the same population. It has to be mentioned that the two groups that was elected in the study design was from the same population of a 36 bed NICU setting. The population is divided by 50%, half of the population where exposed to the BCMA system right away while the latter half was exposed later along the study. The grouping to be effective the two groups selected for the study has to be as similar as possible in all manners except for the exposure and it can be mentioned that for the study th e authors have selected a particular Care Unit where the two different groups and a comparison for only dissembler in terms of the exposure to the BCMA a system. The next question focuses on exposure measurement which is a critical criterion of an authentic and reliable cohort study. Here the exposure measurement was by a structured daily audit of each of the subjects, paper and electronic medical record to identify the preventable ADEs. However there are no detailed description of the particular exposure measurement technique implemented for the both of the select example Groups for the study. For the next question, the nature of exposure measurement is more or less accurate as the audit procedure included the use of triggers to enhance the identification of any adverse drug event. It has to be mentioned that it the current measurement of the exposure was enough to decide the occurrence of preventable ADEs in presence and absence of BCMA system. There is no requirement for a past e xposure measurement for the study hence the exposure measurement for the study can be considered valid. As the inter observer exposure measurement reliability was statistically adjusted in the study it can be mentioned that the reliability of the exposure measurement is also valid (Song Chung, 2010). The 4th question of the critical appraisal tool focuses on confounding factors. It has to be mentioned that for the study there when 958 study subjects. There are many confounding factors and the segregation of the factors into the two groups into BCMA and No-BCMA have been represented in the table 1. The confounding factors present included personal characteristics of the patients, total Administration doses, and the nursing capacity. It has to be mentioned that for any research study the presence of confounding factors have the ability to influence the direction of the study results, and for any cohort study to be high quality the potential confounders has to be measured and identified whenever possible (Song Chung., 2010). As the research study had identified and measures the number of confounders in between two groups this criteria can be considered met. Fifth question addresses whether the research study has employed any strategy to deal with the confounding factors. Although t he authors have mentioned that the confounding factors like nursing capacity were addressed in the article however no detailed strategy was explained in the study. In the fifth question it can be said that the participants were free of the outcome of the interest at the beginning of the study. The Neonatal Intensive Care Unit (NICU) of University of Iowa Childrens Hospital recruited patients in an unbiased manner. The chance of the patient to be admitted in the section 1 (with equipped with the barcode medication administration [BCMA]) is independent to those of section 2 with no BMCA. However, the nurses who were the main candidate to organize the process of BMCA were given training in relation to BMCA and were then assisted by super-users while operating the patients. Thus there might be a chance of bias as nurses after obtaining the training might be aware of the outcome and thereby increasing the chance of bias (Hopkins Batterham, 2016). The study further claimed that they failed to conduct a blinded trial. According to Morriss et al. (2009), the investigators who made the final designation were blinded about the potential of the Adverse D rug Event (ADE) and then they adjusted the analyses for the subject along with the environmental differences that might act as the confounders. The outcome was measured in a valid manner because it utilized a comparison mode of measuring the outcome in systematic review (Shamseer et al., 2015). The paper here employed a structure of daily audit of each subjects paper and electronic medical record for 24 hours to spot the medication errors and the rate of occurrences that were significant to or preventable in relation to adverse drug events. All the medication orders were critically reviewed against the latest and the continuing orders and are then compared with the paper or with the electronic Medication administration record (MAR). The audit procedures were also used to enhance the identification of the Averse drug event (ADE). The follow-up time was 50 weeks that is significant enough to tally the medication error in accordance with the BCMA. Within 50-week (12 months approx) the medication errors and other potential and preventable ADV were detected in a structure manner for a daily audit. This goes in sync with the study conducted by de Arajo Lobo et al., in the year 2014. In this study, they conducted an observational cross-sectional study for 8 months to detect medication error. The entire sample size was strictly followed up with zero drop-out. There were total 958 study subjects with 856 unique patients. Initially all the patients were studied for 19 consecutive weeks in the absence of BCMA system. After an interval of 4-week (when no data was collected) and BCMA installation was done) study period of 9 consecutive weeks and then 3 consecutive weeks were conducted with the BCMA trained nurse. The said approached conducted in this study goes with the approach prosed by Sedgwick in the year 2012. The strategies that are used for the complete follow were not also effective. According to Morriss et al. (2009), the study conducted in the neonatal unit limit ed the generalized results. This is because the hospitals that are already equipped with computer prescribed order entry (COPE) or other clinical services that have lower rates of preventable ADE may fail to experience as great at the relative value. Appropriate statistical analysis was performed via using Kruskal-Wallis test in order to calculate the p score. Based on the statistical analysis, it was observed that there was significant change in the preventable ADEs. According to Acar and Sun (2013), Kruskal-Wallis test is the best ever test used to calculate the significant statistical results via eliminating the uncertainty of the study. Conclusion: Thus from discussion it can be concluded that the results obtained from the study conducted by Morriss et al., 2009 showed that the BCMA system help in the reduction of the risk of the targeted preventable ADE via controlling the number of the medication doses, subject and the day. This study thus will help in the reduction of the fatal risk of the neonatal care unit via reducing the harm coming from the medication error. It will also help in the advancement of the disease process via including technological based approaches in order to mitigate the error. The study also showed that the computer prescriber order entry along with the clinical decision support software helps in reducing the threat coming from the ADE. The study also highlighted the same results is applicable to diverse group of people include across the genders and even among the twins. However, the capacity of the nurse group and their proper training should be taken into consideration. References: Acar, E. F., Sun, L. (2013). A generalized KruskalWallis test incorporating group uncertainty with application to genetic association studies.Biometrics,69(2), 427-435. de Arajo Lobo, M. G. A., Pinheiro, S. M. B., Castro, J. G. D., Moment, V. G., Pranchevicius, M. C. S. (2013). Adverse drug reaction monitoring: support for pharmacovigilance at a tertiary care hospital in Northern Brazil.BMC Pharmacology and Toxicology,14(1), 5. Ghaleb, M. A., Barber, N., Franklin, B. D., Wong, I. C. K. (2010). The incidence and nature of prescribing and medication administration errors in paediatric inpatients.Archives of Disease in Childhood, adc158485. Hopkins, W. G., Batterham, A. M. (2016). Error rates, decisive outcomes and publication bias with several inferential methods.Sports medicine,46(10), 1563-1573. Lisby, M., Nielsen, L. P., Brock, B., Mainz, J. (2010). How are medication errors defined? A systematic literature review of definitions and characteristics.International Journal for Quality in Health Care,22(6), 507-518. LoBiondo-Wood, G., Haber, J. (2017).Nursing Research-E-Book: Methods and Critical Appraisal for Evidence-Based Practice. Elsevier Health Sciences. Melnyk, B. M., Fineout-Overholt, E. (Eds.). (2011).Evidence-based practice in nursing healthcare: A guide to best practice. Lippincott Williams Wilkins. Morriss, F. H., Abramowitz, P. W., Nelson, S. P., Milavetz, G., Michael, S. L., Gordon, S. N., ... Cook, E. F. (2009). Effectiveness of a barcode medication administration system in reducing preventable adverse drug events in a neonatal intensive care unit: a prospective cohort study.The Journal of pediatrics,154(3), 363-368. Morriss, F. H., Abramowitz, P. W., Nelson, S. P., Milavetz, G., Michael, S. L., Gordon, S. N., ... Cook, E. F. (2009). Effectiveness of a barcode medication administration system in reducing preventable adverse drug events in a neonatal intensive care unit: a prospective cohort study.The Journal of pediatrics,154(3), 363-368. Sedgwick, P. (2012). Observational study design.Bmj,345, e5856. Shamseer, L., Moher, D., Clarke, M., Ghersi, D., Liberati, A., Petticrew, M., ... Stewart, L. A. (2015). Preferred reporting items for systematic review and meta-analysis protocols (PRISMA-P) 2015: elaboration and explanation.Bmj,349, g7647. Song, J. W., Chung, K. C. (2010). Observational studies: cohort and case-control studies.Plastic and reconstructive surgery,126(6), 2234

The Nature of the Mind Essay Example For Students

The Nature of the Mind Essay A leading exponent of the substantial view was George Berkeley, an 18th century Anglican bishop and philosopher. Berkeley argued that there is no such thing as matter and what humans see as the material world is nothing but an idea in Gods mind, and that therefore the human mind is purely a manifestation of the soul. Few philosophers take an extreme view today, but the view that the human mind is of a nature or essence somehow different from, and higher than, the mere operations of the brain, continues to be widely held. Berkeleys views were attacked, and in the eyes of many demolished, by T.H. Huxley, a 19th century biologist and disciple of Charles Darwin, who agreed that the phenomena of the mind were of a unique order, but argued that they can only be explained in reference to events in the brain. Huxley drew on a tradition of materialist thought in British philosophy dating to Thomas Hobbes, who argued in the 17th century that mental events were ultimately physical in nature, although with the biological knowledge of his day he could not say what their physical basis was. Huxley blended Hobbes with Darwin to produce the modern materialist or functional view. Huxleys view was reinforced by the steady expansion of knowledge about the functions of the human brain. In the 19th century it was not possible to say with certainty how the brain carried out such functions as memory, emotion, perception and reason. This left the field open for substantialists to argue for an autonomous mind, or for a metaphysical theory of the mind. But each advance in the study of the brain during the 20th century made this harder, since it became more and more apparent that all the components of the mind have their origins in the functioning of the brain. Huxleys rationalism, however, was disturbed in the early 20th century by the ideas of Sigmund Freud, who developed a theory of the unconscious mind, and argued that those mental processes of which humans are subjectively aware are only a small part of their total mental activity. Freudianism was in a sense a revival of the substantial view of the mind in a secular guise. Although Freud did not deny that the mind was a function of the brain, he held the mind has, as it were, a mind of its own, of which we are not conscious, which we cannot control, and which can be accessed only though psychoanalysis (particularly the interpretation of dreams). Freuds theory of the unconscious, although impossible to prove empirically, has been widely accepted and has greatly influenced the popular understanding of the mind.

Good Movie Essays - Film Genres, English-language Films, Horror Film

Good Movie What types of movies do you prefer? Discuss these categories and explain your preferences. I. My idea of a good movie A. What I like about watching movies B. Favorite types of movie 1. Comedy 2. Action/Adventure 3. Horror C. What I think about the movie industry II. Comedy A. Believable B. Make me laugh C. Normal people D. Half Baked, Friday, Dazed and Confused III. Action/Adventure A. Good story lines B. Good special effects C. Sense of being in the movie D. Rush Hour, Enter the Dragon, Face Off IV. Horror A. Special effects B. Suspense C. Antagonist D. Carrie, Exorcist, Seven V. My idea of a great movie A. Why I like comedy movies B. Why I like action movies C. Why I like horror movies D. Why I like movies Movies I like different types of movies and I love to watch movies because they provide a sense of reality in them. I have three favorite types of movies because I feel like I can get involved with them any time I want. I like comedy, action/adventure, and horror movies the best out of all the genres of movies. Comedies are my favorite types of movies for many reasons. One reason is because they are very believable and could really, for the most part, happen. I love the way the make me laugh because I feel good when I laugh. The characters in comedies are very believable because the are just like regular people. Some example of great comedies are Half Baked, Friday, and Dazed and Confused. Action/adventure movies are great because they bring a sense of adventure into life. They have very good story lines that combine real situations with outrageous circumstances. The special effects are great because it adds emphasis to the action and story line. Action/Adventure movies are the easiest to get involved in and feel like I am in the movies. Some examples of Action/Adventure movies are Rush Hour, Enter the Dragon, and Face Off. Horror movies are another one of my favorite genres of movies. Special effects are great in horror movies because the way a person can be turned into a monster very quickly. Horror movies are very suspenseful and they leave you on the edge of the seat when you are trying to figure out the killer in the movie. Also, I like horror movies because of the antagonists are always cast as psychos and the actors play the parts well. Some examples of horror movies are Carrie, the Exorcist, and Seven. My idea of a great movie is on that combines comedy, action, adventure, and horror all into one movie. I love comedies because they make me laugh. I like action/adventure movies because they are real and outrageous at the same time. I like horror movies because a little scare is always good. I like movies because they can take me away from reality.

ADR has been accorded a prominent role in Essays

ADR has been accorded a prominent role in Essays ADR has been accorded a prominent role in Essay ADR has been accorded a prominent role in Essay The Civil Procedure Rules were introduced in 1999 following Lord Woolf’s scrutiny of the civil justness system and his 1996 study, ‘Access to Justice.’ In this study, Lord Woolf identified a figure of jobs with the civil justness system. First, it was excessively expensive, instances were plagued by hold and clip bounds were on a regular basis ignored. Woolf besides identified inequality between litigators, more specifically, between the wealthy and those with fewer fiscal resources. The system was expensive, complex and confusing and this deterred many with a legitimate instance from conveying proceedings. In short, the system did non offer satisfactory entree to justness. Lord Woolf identified assorted rules by which the civil justness system should be governed. He argued that the system should be merely and just and trade with instances sensible rapidly at a sensible cost. In order to run into these aims, he recommended a figure of reforms including promoting the usage of alternate difference declaration ( ADR ) . In advancing the usage of ADR, Lord Woolf was admiting the fact that the tribunals are non ever the best forum in which to decide differences. The adversarial nature of the system makes for an intimidating ambiance, adding to the emphasis felt by the parties. The test, will necessarily intend that one party is on the losing side as the tribunal decides between them. Tests can besides convey unwanted promotion since most hearings will be in public. In the commercial sphere, there may good be a desire to maintain sensitive information out of the public sphere and ADR is one manner of making so. Lord Woolf sought to increase the usage of ADR and wanted judicial proceeding to be viewed as a last resort. As a consequence, regulation 1 ( 4 ) ( 2 ) ( vitamin E ) of the Civil Procedure Rules encourages its usage where appropriate. There are assorted different types of ADR including arbitration, conciliation and mediation. Mediation is a type of facilitated dialogue. It can be used to decide differences in many different countries including little claims, divorce and lodging instances. An independent and impartial 3rd party, the go-between, is appointed in order to help the parties to make a reciprocally acceptable decision to their difference. Mediation itself normally takes topographic point in a impersonal locale, frequently chosen by the parties. The usual construction is to get down by specifying the issues, researching the possible options and so holding a solution. The function of the go-between is to ease the procedure, assisting the parties to come on through each phase. There are different types of mediation that may be used by the parties. ‘Evaluative mediation’ involves the go-between measuring the legal strength of a instance, proposing possible results and directing the parties towards a solution. ‘Facilitative mediation’ , on the other manus, requires the go-between to play a less active function, regulating the procedure itself, instead than proposing possible results. Any understanding reached through mediation will non be lawfully adhering but will be considered as a contract between the parties, with the usual redresss available for breach. The usage of mediation has been facilitated by the CPR, as the increased work that is required to be completed anterior to the issue of a claim means that all parties are intelligent as to the issues involved and hence in a better place to measure the strength of their instance. As such, mediation is a more executable chance than it was under the old system. When this is added to the court’s responsibility under the overruling aim of the CPR to ‘actively manage’ instances, it could be said that the CPR goes beyond the encouragement of mediation into the kingdom of irresistible impulse. Indeed, in the instance of Kinstreet Ltd V Balmargo Corporation Ltd. [ 1999 ] , [ 1 ] the tribunal really ordered mediation despite the expostulation of one of the parties involved. The tribunals took a similar attack in Muman v Nagasena [ 2000 ] [ 2 ] and in the same twelvemonth, the instance of R ( Cowl ) v Plymouth City Council [ 2001 ] [ 3 ] was heard. It was the position of the tribunal that this instance should non hold been dealt with by manner of judicial proceeding but alternatively through mediation, with the lower limit of engagement by the tribunals. Indeed, Lord Woolf stated â€Å"Without the demand for the vast costs which must hold been incurred in this case†¦ the parties should hold been able to come to a reasonable decision as to how to dispose of the issues which divided them. If they could non make this without aid, so an independent go-between should hold been recruited to help. That would hold been a far cheaper class to follow. Today sufficient should be known about ADR to do the failure to follow it, in peculiar when public money is involved, indefensible.† [ 4 ] Clearly, in this instance, the position of the tribunal was that mediation was immensely preferred to the usage of judicial proceeding. Indeed, Lord Woolf maintained that the instance would hold served some intent if it made clear to attorneies that they should merely fall back to judicial proceeding if it is â€Å"really unavoidable.† [ 5 ] In Hurst V Leeming [ 2001 ] , [ 6 ] the claimant sued his barrister for professional carelessness. The tribunal held that there was no sensible chance of the instance succeeding and so entered judgement against him. The suspect had offered to travel to mediation at an early phase in the instance but the suspect barrister refused. Following the judgement, the issue of costs arose and specifically whether the claimant should run into the disbursals of the suspect given the refusal of mediation. The tribunal held that they key factor was whether the mediation had a existent chance of success. Since this was non found to be so on the facts, the tribunal decided that the defendant’s refusal to go to mediation was sensible and he was hence entitled to retrieve his costs from the claimant. The findings of the tribunal in this instance suggests that whilst the value of mediation was recognised, its usefulness must be viewed objectively and the tribunals will non promote it by punishin g a party who refuses the chance to take portion if there was no chance of the difference being resolved by it usage. In Dunnett v Railtrack Plc [ 2002 ] , mediation continued to be encouraged by the tribunals, with the recognition that â€Å"skilled go-betweens are now able to accomplish consequences satisfactory to both parties in many instances which are rather beyond the power of attorneies and tribunals to achieve.† [ 7 ] Again, mediation was encouraged in the instance of Cable A ; Wireless v IBM [ 2002 ] [ 8 ] , when it was stated by Mr Justice Colman that â€Å"There is now available a clearly recognised and well-developed procedure of difference declaration affecting sophisticated mediation techniques provided by trained go-betweens in conformity with processs designed to accomplish colony by the agencies most suited for the difference in question.† [ 9 ] This is clearly an indorsement of the mediation procedure and a certain a publicity of its usage. By the clip that the determination was made in Shirayama Shokusan Co Ltd V Danavo Ltd [ 2003 ] , [ 10 ] repeating that in both Kinstreet and Muman, it seemed as if the difficult line attack of the tribunals rendered engagement in mediation compulsory. The tribunals did, nevertheless retreat from this place in Halsey v Milton Keynes General NHS Trust [ 2004 ] [ 11 ] when an entreaty was made against the award of costs to the suspect who had refused several offers to intercede. Lord Justice Dyson declared that â€Å"It is one thing to promote the parties to hold to mediation, even to promote them in the strongest footings. It is another to order them to make so. It seems to us that to compel genuinely unwilling parties to mention their differences to mediation would be to enforce an unacceptable obstructor on their right of entree to the court.† [ 12 ] In instances since Halsey, including Burchell v Bullard A ; Others [ 2005 ] , [ 13 ] the tribunals have maintained their reserve to do mediation compulsory but have however continued to promote it, non least by the menace of costs countenances against parties who refuse an offer to intercede. In decision, it is true to state that ADR has been accorded a outstanding function in the reformed civil justness system since the debut of the Civil Procedure Rules, with their accent on judicial proceeding as a last resort. The usage of mediation has besides been greatly encouraged through instance jurisprudence and even reached a point when it was considered compulsory. Since so, nevertheless, the tribunals have retreated a small but however are still actively advancing the usage of mediation to decide differences. Bibliography Bailey C. A ; Datnow G. ‘Mediation from the Advocates Seat.’ 155 NLJ 728 2005 Brooker P. A ; Lavers A. ‘Commercial and Construction ADR: Lawyers Attitudes and Experience with Mediation.’ [ 2001 ] Civil Justice Quarterly, Vol. 20, 327-47 Brooker, P. A ; Lavers, A. ‘Mediation Results: Lawyers Experience with Mediation , Pepperdine Dispute Resolution Journal, ( 2005 ) Vol. 5 No.2, 161-213 Cornes, D. Commercial Mediation: the impact of the Courts ( 2007 ) 73 Arbitration 12-19 Gibson, W. ‘Mediate or Pay the Price.’ 157 NLJ, 166, 2007. Lightman, G. ‘Mediation: An Estimate to Justice.’ Vol 73, no. 4 Nov 2007, 400-402 Mackie, K. ‘Mediation Rocket Science.’ 156 NLJ 747, 2006. Prince, S. ‘Negotiating Mediation.’ 156 NLJ 262, 2006 Sautter, E. ‘Halsey: Mediation One Year On’ 155 NLJ 730, 2005 Sime, S. A Practical Approach to Civil Procedure. 10Thursdayedition. Oxford: OUP, 2007 Williams, V. Civil Procedure Handbook. Oxford: OUP, 2007 The European Convention on Human Rights ( ECHR ) was signed in 1950, coming into force in 1953. The large-scale maltreatment of human rights during this period gave rise to a desire to guarantee that in the hereafter, cardinal rights would be afforded equal protection. The Council of Europe produced the ECHR, a acknowledgment that international support was required if its purposes were to be realised. The UK Human Rights Act was passed 1998 and requires public governments to transport out their activities in a manner that is compatible with the Convention rights. ECHR rights are set out in a figure of Articles. Article 6 of the Convention provinces: â€Å"In the finding of his civil rights and duties or of any condemnable charge against him, everyone is entitled to a just and public hearing within a sensible clip by an independent and impartial court established by jurisprudence. Judgement shall be pronounced publically but the imperativeness and public may be excluded from all or portion of the test in the involvement of ethical motives, public order or national security in a democratic society.† [ 14 ] Article 6 applies non merely to tribunal proceedings but besides to other types of hearings including arbitration. Arbitration is a method of alternate difference declaration that enables parties to decide instances without resort to the tribunals. Arbitration involves an independent and impartial 3rd party or ‘arbitrator’ whose function it is to make up ones mind the result of the difference. Arbitration is normally used to settle consumer and industrial differences but is may besides be used to find others types of instances and so, many commercial contracts contain a clause that requires the usage of arbitration prior to the beginning of tribunal proceedings. The Arbitration Act 1996 sets out the model for the usage of arbitration. Section 1 of the Act provinces that â€Å" ( a ) the object of arbitration is to obtain the just declaration of differences by an impartial court without unneeded hold or disbursal ; ( B ) the parties should be free to hold how their differences are resolved, capable merely to such precautions as are necessary in the public involvement ; ( degree Celsius ) in affairs governed by this Part the tribunal should non step in except every bit provided by this Part.† [ 15 ] Arbitration, as an alternate declaration difference procedure, is by and large less formal than proceedings at tribunal. Arbiters can be more flexible than the tribunals in their attack and parties can hold a much greater say in the behavior of proceedings, so, it is normally the parties who will hold chosen the arbiter, or at least agreed upon how they are to be chosen. In footings of the arbitration proceedings themselves, the arbiter may make a determination without a hearing, based upon the documental grounds submitted by both sides. In other instances, there may be a full hearing, complete with witness testimony. Despite the less formal nature of the procedure, nevertheless, the determination of the arbiter will normally be lawfully adhering. The determination takes the signifier of an ‘award’ and will normally be accompanied with the grounds why it was made. The award will be enforced by the tribunals if necessary. Once an award has been made by the arbiter, there are few options for entreaty. Even a brief consideration of arbitration suggests that there is possible struggle with the procedure and the commissariats of Article 6 ECHR. Arbitration is normally conducted in private and therefore may conflict with the demand under Article 6 for a ‘public’ hearing. Additionally, depending upon the peculiar procedure employed, the choice of an arbiter may conflict with the demand that the tribunal hearing a instance must be ‘independent and impartial.’ In several recent instances, the tribunals have been asked to find whether the UK arbitrational procedure is compatible with Article 6 of the ECHR. In Stretford v Football Association Ltd and Another [ 2007 ] [ 16 ] the claimant was a football agent who faced Football Association disciplinary proceedings. The regulations of the Football Association contained an arbitration clause. Mr Stretford claimed that the disciplinary proceedings breached Article 6 of the ECHR in that the hearing was non held in public, the court was non independent and the judgement was non publically pronounced. The tribunal considered the instance of Placito v Slater [ 2003 ] , [ 17 ] in which it was held, following Deweer v Belgium [ 1980 ] , [ 18 ] that a party may relinquish assorted rights under Article 6. The release of any such rights, nevertheless, must be univocal and a party can non be compelled to relinquish them. The tribunal held that on the facts, the contract between the claimant and the suspect constituted a release by the claimant of his rights under Article 6. The tribunal held that the understanding was voluntary, the claimant was cognizant, or should hold been, of those commissariats and that his consent was hence univocal. Other affairs taken into history by the tribunal were that arbitration clauses were normally used in the featuring sphere to modulate the relationship between certain parties. To strike down such clauses would hold a wide-ranging consequence and it would non be in the public involvement to forestall parties from holding to arbitration if they so wished . In add-on, the Arbitration Act 1996 requires arbiters to stay both independent and impartial and any failure to make so can be challenged by tribunal proceedings under subdivision 68 of the Act. In Sumukan Ltd v Commonwealth Secretariat [ 2007 ] , [ 19 ] Sumukan had entered into a consultancy understanding with the suspect to supply services to the Namibian authorities. The contract contained an arbitration clause, which included the proviso for an arbiter to be appointed harmonizing to certain regulations specified by the suspect. An arbiter involved in the instance was non decently appointed under the regulations and as such, it was argued that the award was invalid. The tribunal agreed and set aside the original wages, remitting the instance to another, decently constituted tribunal. This instance may be cited as farther grounds that the UK arbitrational procedure is compatible with Article 6 of the ECHR since an abnormality in proceedings led to the puting aside of the award, showing that the tribunals are prepared to declare an award shut-in if the regulations of arbitration are non complied with. Thus the tribunals have clearly acted in a manner that is compatible with Article 6. In Shuttari Fawzia Amtul-Habib V Solicitor’s Indemnity Fund [ 2007 ] , [ 20 ] the Solictor’s Indemity Fund ( SIF ) refused to indemnify the canvasser claimant for claims made against her in 1997. The difference was made capable to the arbitration process laid out in the regulations of the SIF. The claimant indicated which party that she wished to be appointed as the arbiter in the affair. The instance was heard and an arbitration award was made against her. Assorted efforts at entreaty were made climaxing in an scrutiny of the affair by the Court of Appeal. The tribunal considered assorted facets of the instance, including the averment by the claimant that since rank of SIF was compulsory, she had non ‘freely agreed’ to the arbitration clause and hence her rights under Article 6 ECHR had been infringed. It was argued that this meant that the arbitration award was invalid. On the facts, the tribunal refused Mrs Shuttari permission to appeal, as she had no realistic chance of disputing the cogency of the arbitrator’s award. The tribunal took into history that she had instigated the arbitration process instead than tribunal proceedings to dispute its cogency and a one time the award had been made, her challenge to it under subdivision 68 of the Arbitration Act confirmed its cogency. Again, this instance recognised the cogency of the arbitration understanding and demonstrates the court’s reluctance to interfere with a decently conducted arbitration procedure. In decision, in visible radiation of recent judicial proceeding, it appears that although there is possible struggle, every bit long as the UK arbitrational procedure is right followed, it is compatible with Article 6 of the ECHR. The tribunals accept that parties are free to relinquish their rights under Article 6 every bit long as this is done unambiguously and without irresistible impulse. Bibliography Books/Journals Mackie, K. , Miles, D. , Marsh, W. A ; Allen, T. ADR Practice Guide. 3rd edition. Tottel Printing 2007 Marshall, E. Gill: The Law of Arbitration. 4Thursdayedition, London: Sweet A ; Maxwell 2001 Qureshi, K. ‘Arbitration and Article 6’ 157 NLJ 46-7 2007 Qureshi, K. ‘Growing Up Fast.’ 157 NLJ 586-7 2007 Turner, R. Arbitration Awards: A Practical Approach. London: Blackwell, 2005 Web sites ACAS At: hypertext transfer protocol: //www.acas.org.uk/ Accessed 15ThursdayMarch 2008 ADR Now At: hypertext transfer protocol: //www.adrnow.org.uk/go/SubSection1.html Accessed 15ThursdayMarch 2008 Chartered Institute of Arbiters At: hypertext transfer protocol: //www.arbitrators.org/ Accessed 15ThursdayMarch 2008 Legislative acts The Arbitration Act 1996 The European Convention on Human Rights The Human Rights Act 1998 1

How does the theme loneliness between the main characters differ in Essay

How does the theme loneliness between the main characters differ in the power and the glory and the quiet american by Graham Greene - Essay Example In the sorrowful and bleak context of â€Å"the Quiet American† and â€Å"the Power and the Glory† the theme of loneliness is handled to expose the bare nature of life. Fowler in his fifties is a drug addicted middle aged British correspondence in Vietnam. He is in love with a beautiful young Vietnamese girl Phuong who eludes with Pyle, a young American. Indeed amid this triangle love grows to alleviate the pain of loneliness. Fowler is detached from his wife for some years and his life is sagged with the burdens of blood, death and the destructions of the war. Here love plays the role of a soothing factor of loneliness. Fowler’s loneliness appears to crave for love of the orphan as a soothing bypass of his inner suffering. Even then the bleakness of the novel facilitates to the dawning of the question whether mercy of God for his creature man as religion asserts is believable enough or if life is meaningful enough to live or even all the institutions and systems concerned with human life are worthy enough to obey, when man thrown amid the crunch and crisis of this world has to struggle to find the way-out himself by his own laws. Incontrovertibly the two novels â€Å"The Power and the Glory† and â€Å"The Quiet American† deal with the interactions among politics, religion and common life of human beings, but in the two novels Graham Greene’s treatment of ‘loneliness’ sets their tone of these interactions on the premise that man is too lonely in his lonely path of life to receive any sympathy from others for his pain and agony. Man himself is to take care of his own wound and agony. Greene is always aware of the fact that Man’s pain and suffering are further stimulated by his loneliness and vice-versa. Greene’s characters are apparently modern; they suffer from the crunches between their belief and disbelief in God, duty and desires, individual and ideals, and sometimes between individual and the society. These crunches are