Wednesday, July 31, 2019

A.A. Milne

He is creator of one the world's most beloved characters, he is the author of our childhood's favorite stories, he is A. A Milne. A. A. Milne is the author of the popular and cherished Winnie the Pooh stories. Anyone who is young, or young at heart can gravitate to the stories that have brought joy to our hearts for nearly a century. Milne’s life is not only enlightening, but discovering the true inspirations, accomplishments and triumphs behind his extraordinary tales will change how you read them forever. Before he became the famous author he is today, Milne lived a rather normal and quiet life. Milne was born to Sarah and John Milne in Hampstead, London on January 18th 1882 . For most of his childhood and young adulthood, Milne resided in the school his father ran, the Henley house, which he also attended as a child (just-pooh). As a boy, Milne was a rather bright student who learned to read and write before the age of five (Wheeler). Milne’s extraordinary grades in Mathematics, and especially Writing, got him numerous scholarships to many different universities such as Cambridge. Although Milne always aspired to be a writer, on of his inspirations was the famous H. G Wells who became his teacher and Mentor (poohcorner). The more he learned from Wells, the more Milne aspired to be a writer. It is certain that without the encouraging words and teachings from his mentor, Milne would not be the same, remarkable author he became. Though Milne garnered encouragement and knowledge from Well’s unique teaching styles there was another source of inspiration that was be yond just encouraging words, this source of inspiration shaped A. A. Milne’s career into what we know and still praise him for today. In 1913, Milne married Dorothy Daphne de Selincourt, together they had a gregarious, effervescent son named Christopher Robin Milne. (winniethepohh). From the day of his birth, Christopher served as his father's main source of inspiration; Milne wrote poems for him that later became his book When We Were Very young (1924), and most importantly, he and his toys became inspirations for Milne’s now most famous, Winnie the Pooh Series. All written between 1926 and 1928, Milne’s fulgent and quip filled books launched his career and today are his most read, appraised and notable works (justpooh). These unique and charming tales would change Milne’s life forever. Although there is no recorded evidence of Milne receiving any notable awards for his stories , it is certain he regaled many gracious acknowledgements, un-matching success all thanks to his loyal fans. Milne’s gained many fans for his poems, plays and especially Pooh novels that only increased, when his wife Dorothy sold the rights to Pooh to Disney after his death (wheeler). Although most of his fans were and are children, many adults have enjoyed his plays and even original Pooh books for their inspirational themes and striking, quirky story lines. As I read A. A milne’s poems and stories I recognised two, distinct, recurring themes; embracing individuality and the the importance of problem of solving. Unfortunately, Milne never discussed the themes found in his stories and their personal importance, nor if he purposely added them into his works. Although Milne’s thoughts regarding his themes are uncertain, something that is certain is, no matter what story or poem is read, Milne’s works will leave the reader with a sense of joy and satisfaction, that will leave anyone wanting to apply his recurring themes into everyday life. Although Milne happens to be one of my favorite authors, I recently discovered things I previously did not know about him through my research. Because Winnie the Pooh was such a big part of my childhood, and that of many of my peers, I was surprised to find, he lived and wrote all his works in England during the 20’s and up until his death in 1956. I was also surprised to find Milne was in the English Royal Army, and participated in World War II. Although there were a lot of social and political situations occurring at the time such as the Great Depression and the War, I found it unusual that none of these events influenced his literary process(poohcorner). Milne rather focused on the joys of childhood and teaching kids, and adults, the key to a happy future through his themes. Another extraordinary fact is, all of of the elements of his Pooh books were inspired by a personal aspect in his life. The characters were all based on his son’s toys and the place where his Pooh books took place was based off his sylvan family home in Sussex, England (kidsreads). Without Milne works it is easy to conclude children’s literature would not be the same. In my opinion, A. A Milne, through his writing, inspired countless authors and raised the canon to what is now, modern children's literature. He has brought joy to countless people and his scintillating stories are timeless. A . A Milne plays an important role in not only our childhood but that of our parents and future children and grandchildren. Milne, in my eyes, can easily stand aside the greatest authors of our time and in the hearts of individuals around the world.

Tuesday, July 30, 2019

Regulation and Criminal Liability Essay

Currently in the United States, the Americans continue to face unfair treatments of health care professionals within the work place. Regulates and laws have been created and set forth to help individuals’ feel protected and to know their rights as a victim of such criminal acts. People deserve to be treated with respect, especially in the care of health professionals. In this paper will contain information on criminal liabilities of health professionals and show people who may have been violated by health care providers the steps of filing a civil complaint. In addition, the paper will go into investigating allegations and disciplinary actions. Up-to-date regulatory policy regarding health care professionals is based on the speculation that the market for resources in health care is unsuccessful because consumers do not have complete facts about the nature of services these professionals offer. The outcome of some professionals possibly will exploit consumers on the condition lesser-quality services. The theory of economics proposes that in the absence of order, many health care professionals might offer minimum quality services at expensive quality prices to uneducated consumers. Therefore, the main justification for managing health professionals is to expand the quality of their services and to guard the interests of unaware health care consumers. Health care professional guidelines restrict access into the profession by setting the least possible measures of education and experience mandatory to practice. Furthermore, those regulations identify the legal acceptable boundaries of training for the health care provider or the permissible scope of health care professionals’ training and state the permitted business training of health care professionals. In the United States the federal system of government, regulates every states health care professional practice. Health professional training performances are statutory laws that create regulatory or licensing agencies or boarding to promote rules that order medical  practice. State licensing laws initiating the lesser level of education and experience needed to practice, explain the roles of the profession and bound the act of these roles to licensed individuals. State occupation practice limits restrictions on the services of professionals by for-profit firms, limitations on the operation of trade names, restrictions on the process of numerous workplaces, and boundaries on the place of health care professionals’ workplaces. Earlier in 1977 state companies practice limitations on frequently incorporated restrictions on marketing by professionals. Principles of Medical Ethics, the American Medical Association (AMA) declare a physician shall obey the law† and â€Å"record doctors’ insufficient in character or ability, or engaging in deception or fraud. AMA could refuse mem bership to doctors guilty of criminal activity, in addition to physicians charged with crimes in different countries. Reference to petition for licensure, the Federation of State Medical Boards, in connection of state medical boards’ responsibility for punishing physicians, suggests that every state medical board run criminal record review as part of licensure application practice and all candidates with a criminal background, comes before the committee for questioning to examine the candidates ability for licensure. AMA recognizes that doctors can be criminally arraigned merely to the degree of statue, and these regulations unlike state to state. Although illustrations from our data demonstrate the regular ordinary sanctions by state medical boards after the doctors have been criminally found guilty. According to AMA recent data less than 80 percent of doctors who carried out sexual acts offenses the physicians’ licenses would be revoked, suspended, or surrendered. Merely 53 % of doctors convicted of criminally possessing, using, or prescribing controlled substances and only 40% of doctors were guilty of criminal wrongdoing connected to the practice of medicine had their licenses surrendered, revoked, or suspended. The statistics show a system that permits questionable physicians to remain practicing medicine after displaying clear unethical and risky behavior. If an individual thinks that a health care provider, local or state government agency, has discriminated against he/she based on national origin, race, age, or disability, one can file a civil rights complaint. OCR can examine disability-based discrimination complaints against programs ran by HHS. Below certain regulations and statue, OCR has  slight authority to explore complaints of discrimination based on religion and sex. If an individual believe his/her health care provider moral safety rights have been breached, individuals can file a complaint with OCR. The Case Resolution Manual for Civil Rights Investigations (CRM) offers OCR managers and staff with the strategies and process designed to effectively and promptly investigate, evaluate and settle compliance and complaint evaluation, and to implement violation locations where guaranteed. When filling a complaint an individual have to follow the complaint requirements and that is followed by: (http://www.hhs.gov) Be filed in writing, either electronically via or paper the OCR Complaint Portal, by email, fax, or mail. Social service provider or health care provider involved, and describe the acts or omissions, that one believed over stepped the civil rights regulations or law. Must be filed in 180 days of when the omission complained of or act occurred. OCR could prolong the 180-day period if individual can provide a worthy reason. In conclusion individuals need to educate themselves on the laws which supposed to protect them from mistreatment of any health care provider and learn the appropriate ways to handle the situation in case of becoming a victim to any type of neglect or abuse. Physicians’ and nurses should follow the quality standards. Patients are treated with kindness, dignity, compassion, respect, honesty and understanding. References Article in Health Matrix: United States Physicians’ Disciplined for Criminal Activity, Retrieved on April 22, 2014 from: http://www.citizen.org/page.aspx?pid=696 Principles of Medical Ethics, Retrieved on April 22, 2014 from; http:// http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/principles-medical-ethics.page United States Department of Health and Human Resources, Retrieved on April 22, 2014 from: http://www. hhs.gov/ocr/civilrights/complaints/index.html#file Wilson,D., The Regulation of Health Care professionals other than Physicians, Retrieved on April 22, 2014 from;

Monday, July 29, 2019

Seed germination lab Report Example | Topics and Well Written Essays - 1000 words

Seed germination - Lab Report Example On the other hand, the suit case is the coat of the seed which covers the seeds. Lunching represents the nutritive germinating seedling source. The food for a seedling which is germinating can be stored in a section of the embryo like the fleshy cotyledons of the seed. It could also assume the other categories including the endosperm that forms the special starch-rich storage tissue that covers the embryo. It may not be easy to classify a seed as being dead. Once it fail to germinate under proper conditions and having the dormancy mechanisms broken is when a seed can be classified as being dead. Different companies of seed mostly test the seed germination before they sell their seeds. The test results, the percentages of germination, are always indicated on the packet of the seed. Different crop seeds lose their viability fast after some years. In this case, some few long-lived seeds would be identifies. One example is the mustard seeds that display good germination in each fifty yea rs. For any seed, the rate of germination is the basic indicator to the manner in which the seed will perform while in the field. The rate of germination can be expressed in the form of percentages. A ninety percent rate of germination from one hundred percent will germinate in the presence of good conditions of growth. The information on germination is vital in calculating the optimum rate of germinating together with assisting in determining whether some seeds have the ability of producing appropriate crops. In this study, we sought to ascertain the rates of germination at different phases of water intake. Results of this experiment indicate that during the process of germination, highest water intake occurs during the first phase. As shown in figure 01, between zero drops and 15 drops, water intake is highest. This is followed by a reduced water intake phase II and increased water intake in phase III. The results, as well shows that water intake by the germinating seed take a

Sunday, July 28, 2019

International Marketing Essay Example | Topics and Well Written Essays - 1000 words

International Marketing - Essay Example This is the reason why companies take aggressive selling efforts to stiffly compete with other firms offering similar product lines. Territorial and product line expansion are the two major strategies generally employed by firms to enhance sustainable economic growth. Goodwill Rapidly changing modern marketing trends are switching the business focus from profitability to goodwill believing that the market stature would automatically contribute to profit maximisation. According to Kamaruddin, Ibrahim, and Zain (2004), this concept helps firms aim to create an address for their products and attain a dominant position in the market. Modern marketers strongly believe that reputation would greatly assist the firm to survive the intense market competition. Standard of living By offering quality products and services at affordable rates, modern marketers also aim at the improving people’s standard of living which in turn may add value to their firms’ good will. Nowadays, firms include a wide variety of corporate responsibility programmes in their marketing plan so as to improve the living standards of people and hence to achieve customer loyalty. Global marketing is defined as â€Å"marketing on a worldwide scale reconciling or taking commercial advantage of global operational differences, similarities and opportunities in order to meet global objectives† (Strategic: Web Marketing Group, 2010) . Hence, the above identified marketing goals are relevant to global marketing. While dealing with global marketing, the only difference is that a firm operates on a global scale instead of focusing on a niche market. Therefore, the basic goals of marketing remain the same no... This essay focuses on the marketing goals and strategies that can be simply defined as the predetermined statements of desired or anticipated outcomes, which are expected from a firm’s marketing plan. Generally, every firm sets broader goals that represent simple statements of what will be attained within the stipulated period of time. The marketing goal works as a strategic tool to manage the development of objectives and to suggest the direction regarding the decisions on resource allocation. This essay describes the basic goals of marketing and explores two distinct global marketing strategies that are available today for companies. The marketing goals greatly assist a seller to identify potential market segments where people are most likely to express interests in his products or services. Some of the basic goals of marketing are described in the essay by the researcher. Then, the essay describes how every firm chooses and implements a specific global marketing strategy by taking into account a range of factors including its nature, size, and vision. There are mainly two types of global marketing strategies available to companies and analyzed in the essay - multi-domestic strategy and global strategy. Evidently, the process of marketing involves an array of well defined fundamental goals, which assist a seller to plan his day to day operations systematically. These fundamental goals of marketing and multi-domestic approach and global strategies are relevant for today's global marketing.

Saturday, July 27, 2019

THE INVASION OF LIBYA BY USA IS RIGHT Research Paper

THE INVASION OF LIBYA BY USA IS RIGHT - Research Paper Example 1). According to Blum (2003), â€Å"For over a decade the American public had been told that Libyan leader Muammar el-Qaddafi was behind one terrorist act after another†¦Ã¢â‚¬  (pp. 281). This came to a head in February of 2011 when Muammar Gaddafi decided that he and his sons and the rest of his family would fight until blood ran red in the streets. The unjust slaughter of a significant number of civilians and protesters caused the United States to put pressure on the United Nations in order to pass Resolution 1973, which basically stated that all necessary action could be taken by the Coalition forces—at which the U.S. was the head until a few weeks later—in order to protect civilians who were being unjustly killed at the hands of Qaddafi and his supporters, the Army. Bodies of soldiers who refused to kill innocent protesters and other passersby were found burnt in the streets. People were not allowed to bury their dead because the people attending the funeral wer e being shot at by the Army. Rebel forces still hadn’t taken Tripoli, and there was intense fighting in Benghazi, but especially Misrata. Additionally, the fight for Al-Brega was intense because that held the power supply to the western part of the nation, and indeed much of the energy supply for the entire nation of Libya. The Rebels held Al-Brega for a short while, but then they lost control over the resources of the oil, which was a key linchpin in bringing down Qaddafi. Colonel Gaddafi, however, has many elements that are working in his favor. First, even though his assets were all frozen, there were billions of dollars stashed away in hidden places that were not known to the United Nations. â€Å"Colonel Gaddafi is funding his fightback against rebel forces from a stockpile of ‘tens of billions’ squirreled away in Tripoli banks, U.S. intelligence agents have

Friday, July 26, 2019

Discuss several (at least 3) recent methods of appraising employees Research Paper

Discuss several (at least 3) recent methods of appraising employees used at specific companies and organizations. Comment on the pros and cons of each - Research Paper Example The abilities, capabilities, talents and skills differ from one employee to the other. There is constantly some difference between the quality and quantity in the same work done by two different individuals. Performance appraisal has been defined as the process of recognizing, evaluating and increasing the work performance of employees in the organization, in order to efficiently achieve the goals and objectives of the organization. Performance appraisal is needed to appraise the performance of employees along with the organization to verify the development towards its preferred objectives and goals.   â€Å"It is a vital component in recruiting and hiring employees where it is used to validate selection procedures† (Grote pg 8). Performance appraisal is considered highly crucial both by educational as well as practicing managers, as it is one of the most important human resource tools. Performance appraisal is a helpful tool in determining the provision of rewards such as higher wage or promotion, to the employees on the basis of their performance. It is a type of feedback given to the employees by the employer. Following are some of the methods of performance appraisal adopted by different companies. In this method, performance of an employee is compared with that of others, who are doing the same type of job. Performances are evaluated graphically and the employees are ranked in the range of top to worst for every performance. â€Å"It may also be done by ranking a person on his job performance against another member of the competitive group† (Performance Appraisal Tools and Techniques para 1). This method is considered to be beneficial for selecting the best performer among the top performers. For example, companies such as Microsoft in US use a ranking method, so that some employees, no matter what the circumstances, must be rated in the bottom 10%. Ford and

The Relation Between the Embouchure and Flute Playing Essay

The Relation Between the Embouchure and Flute Playing - Essay Example Practical experiments are inevitable in order to determine the best possible sound producing angle. The flute is quite a small instrument and hence it does not require much air to play. Other wind instruments like woodwinds and brass make their sounds in a way that a certain back pressure is exerted by the instruments and the embouchures. The flute does not exert any kind of back pressure itself. The lips of flutists have to take the responsibility of providing this back pressure and hence a requirement of a large amount of air. The flutist blows a quick jet of air through the embouchure hole. The pressure inside the mouth is above atmospheric level, usually 1 kPa. The source of power to the instrument is the work done to accelerate the air in this jet. The flutist provides the power required to produce a sound. Further, this sound needs an oscillating motion. The air jet present in the flute along with the resonances in the air in the instrument helps in producing an oscillatory com ponent of the flow. Energy is radiated as sound out of the end and any open holes of flute as soon as the air present in the flute starts vibrating. A large amount of energy is lost in the friction with the internal parts of the wall of flute. The column of air present in the flute vibrates more easily at some particular frequencies, known as resonating frequencies. The resonance determines the playing frequency and hence, the pitch. So, the player chooses the desired resonances by selecting a suitable combination of keys.

Thursday, July 25, 2019

Careers in Math Essay Example | Topics and Well Written Essays - 500 words

Careers in Math - Essay Example Multifarious are the careers in which a sound knowledge and grasp of Mathematical subjects and principles find practical daily relevance. â€Å"These range from Mathematics teaching careers, at all levels of education, to those of engineers, architects, and astronauts.† (Donald, 1995, p.58). I interviewed a few professionals on their on-the-job, daily application of mathematical knowledge. These professionals are engaged in solving pre-calculus problems connected with their businesses. One of them was a participant in the project of salvaging the famous Pisa Tower, in Italy, which had begun to tilt dangerously for a long time. He told me that trigonometrical calculations were needed to determine the least angle of deviation from the perpendicular to which the tower had to be yanked to prevent it from toppling. The other professionals are sets of archeologists, one of whom was graphing asymptotes to illustrate the data generated from carbon-14 half-life dating of fossil specimens. The equation relating the original amount of carbon-14, A, in the fossil specimen to the amount, A(t), observed at time t is an exponential one which can be written thus This equation is an exponential relationship whose graphs are asymptotes. There are two possible asymptotes for the graph. The first is produced when A is plotted against t. The other is produced when the reverse is done, that is when t is plotted against A. Both asymptotes arbitrarily approach the x and the y-axes, and both have negative gradients except that the gradient of one is greater than that of the other. The difference in both asymptotes thus lies in the size of gradient.  

Wednesday, July 24, 2019

Appendix c polynomials Assignment Example | Topics and Well Written Essays - 500 words

Appendix c polynomials - Assignment Example A demand equation (sometimes called a demand curve) shows how much money people would pay for a product depending on how much of that product is available on the open market. Often, the demand equation is found empirically (through experiment, or market research). a. Suppose a market research company finds that at a price of p = $20, they would sell x = 42 tiles each month. If they lower the price to p = $10, then more people would purchase the tile, and they can expect to sell x = 52 tiles in a month’s time. Find the equation of the line for the demand equation. Write your answer in the form p = mx + b. Hint: Write an equation using two points in the form (x,p). A company’s revenue is the amount of money that comes in from sales, before business costs are subtracted. For a single product, you can find the revenue by multiplying the quantity of the product sold, x, by the demand equation, p. The costs of doing business for a company can be found by adding fixed costs, such as rent, insurance, and wages, and variable costs, which are the costs to purchase the product you are selling. The portion of the company’s fixed costs allotted to this product is $300, and the supplier’s cost for a set of tile is $6 each. Let x represent the number of tile sets. 4. A customer wants to make a teepee in his backyard for his children. He plans to use lengths of PVC plumbing pipe for the supports on the teepee, and he wants the teepee to be 12 feet across and 8 feet tall (see figure). How long should the pieces of PVC plumbing pipe

Tuesday, July 23, 2019

Big Businesses and Monopolies of the 1800's Essay

Big Businesses and Monopolies of the 1800's - Essay Example The main industries, steel, mining, sugar, transportation, agriculture, ship-building, wine etc., were under monopoly control in all states before the new initiative which came at the beginning of the 20th century. Under conditions approximating pure competition, price was set in the marketplace. Price tended to be just enough above costs to keep marginal producers in business. Thus, from the point of view of the price setter, the most important factor was costs. If a producer's cost floor was below the prevailing market price, the product would be produced and sold. Since the producer in such a market had little discretion over price, the pricing problem was essentially whether or not to sell at the market price. Monopoly steel industry and sugar production was closely connected with nature of competition and inability of competitors to introduce new competitive products to the market. While costs and demand conditions circumscribe the price floor and ceiling, competitive conditions helped to determine where within the two extremes the actual price should be set. Reaction of competitors was the crucial consideration imposing practical limitations on pricing alternatives (Slichter 1948). During the 1800's, 'natural monopolies' existed in some industries. ... More specifically, a cartel was a voluntary association of producers of a commodity or product organized for the purpose of coordinated marketing that was aimed at stabilizing or increasing the members' profits. A cartel was engage in price-fixing, restriction of production or shipments, division of marketing territories, centralization of sales. Many small companies had the right and obligation to take action that protected and fostered the prosperity of the businesses, but they followed 'silent market and ethical rules' which helped them to compete (Witzel, 2003). While costs and demand conditions circumscribed the price floor and ceiling, competitive conditions created by monopolies helped to determine where within the two extremes the actual price should be set. For instance, if accompany set high price reaction of competitors and buyers was often the crucial consideration imposing practical limitations on pricing. Such behavior considered unethical and was discouraged by partner s and buyers (Hansen, 1957). There were times when a company in such a competitive structure ignored competitive prices. Such activities were also discouraged and eliminated which opened new opportunities for rivals. In addition, poor market performance was also considered as a restraint on competition and the main cause of monopolies (Witzel, 2003). The transport sector brought with it all kinds of difficulties, not least the highly regionalized nature of provision, the large amounts of money invested in existing grid systems and the obligation of local authorities to secure transport provision. Subsidized production of coal and ore, overcapacity and cheap

Monday, July 22, 2019

The Lemon Tree Dilemma Essay Example for Free

The Lemon Tree Dilemma Essay I have completed a full investigation of your organization, The Lemon Tree, regarding issues that have arisen which have caused dissonance with the equal employment opportunity laws. To begin with, there have been specific incidents that have been properly documented that have clearly violated the Title VII laws of the Civil Rights Act of 1964. Two of your managers from different departments of your corporation have infringed upon certain rights of the Title VII Civil Rights Act. To begin with, an infringement of the harassment policy under Title VII was violated by the heads of two distinct research departments. Firstly, it has been noted that the manager, Paul Peel, had harassed the employee, Peter Dragon, regarding the issue of drug use. During my investigation, I had come to realize that Mr. Peter Dragon did have past occurrences of drug use that your company had discovered via drug testing. However, I have also took into consideration that he had passed the majority of the drug tests and the ones in which he failed on were due to traces of various chemicals that Mr. Dragon was exposed to during his daily work tasks. Moreover, I have also considered the fact that your company had financially sponsored Mr. Dragon to spend time in a drug rehabilitation center to cure him of his drug addiction. Furthermore, the doctor in charge of Mr. Dragon at the rehabilitation center had advised that he had been fully cured from his addiction.

Mental Health and Care in the Community

Mental Health and Care in the Community The issue of the mental health of the patient is complex and value-laden. Paternalism and autonomy interests confront difficulties of definition, diagnosis and the impact of labelling. Paternalism dictates intervention, and that the human right of autonomy be minimalist. (Davies, M., Medical Law, Blackstone Press Limited, 1996, p.182). Discuss critically. Within mental health issues there has always been a large degree of paternalism. Healthcare professionals and governments appear to view those with mental health problems as incapable of being able to make decisions for themselves and are often viewed as a potential danger[1] to themselves and others. Over the years various pieces of legislation have been enacted to deal with people with mental health issues starting with the Lunatics Act 1845, the Lunacy Act 1890, Mental Treatment Act 1930, Mental Health Act 1959 and the Mental Health Act 1983. In 1995 the Mental Health (Patients in the Community) Act was introduced. This gave the relevant authorities the power of supervised[2] discharge of mental health patients back into the community. Recent events where mental health patients were placed back into society has caused concern as there have been quite a few highlighted incidents where such patients have proven to be a danger to themselves and others[3]. The governments response to the public outrage when these patients have attacked or killed members of the public is to step back to a more paternalistic approach towards the treatment of mental health patients by introducing the Mental Capacity Act 2005[4]. The new Act allows the professionals to make value judgments over the patients and requires those dealing with such patients to make an assessment of the individual’s capacity[5] to make decisions for themselves. Section 2 (1) of the 2005 Act states (1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. Subsection 2 goes on to say that (2) It does not matter whether the impairment or disturbance is permanent or temporary. The very wording of the Act is open to abuse as the scope of what might be deemed as mental incapacity is too broad. In essence anyone who is suffering from a temporary mental breakdown either through circumstances within their own life or as the result of any prescribed medication they might be taken could be viewed as lacking the capacity to make decisions about their selves and could be institutionalised and forced to have treatment. A further problem with the new Act is that the decision on the individual’s capacity is based on the balance of probabilities. (4) In proceedings under this Act or any other enactment, any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities. In criminal proceedings the court has to prove beyond reasonable doubt that the person charged with the offence has committed the offence. With this new piece of legislation the level of proof required is equivalent to that required within the civil courts and therefore is open to greater abuse and it is likely that a higher proportion of people may find themselves being detained in a mental health institute and subjected to compulsory treatment[6]. Section 3 of the Act goes further to describe how it can be decided that a person is unable to make a decision for himself. It lists 4 areas that should be considered in deciding whether the person lacks the capability to make their own decisions. (1) For the purposes of section 2, a person is unable to make a decision for himself if he is unable- (a) to understand the information relevant to the decision, (b) to retain that information, (c) to use or weigh that information as part of the process of making the decision, or (d) to communicate his decision (whether by talking, using sign language or any other means). Subsection 2 does go on to say (2) A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means). In essence the above is an attempt to limit those who can be regarded as incapable of making decisions due to any physical disability such as deafness or blindness, however, some individuals may be so severely handicapped through conditions such as autism or mongolism that even things explained in simple language may not be understood by them. These people may not be a danger to themselves or others and are usually being cared for by members of their own families[7]. Some families find the strain of a severely handicapped person in the household hard to cope with and for those people this new Act may help them to get the handicapped person institutionalised. Using the above Act they could argue that the person lacks the mental capacity to make decisions for themselves and is a potential danger[8] to themselves so for their own protection they should be removed from society. If the person assessing the individual is satisfied that that individual does not have the capacity to make their own decisions then any treatment they consider to be in the best interests[9] of the individual can be ordered. The person ordering the treatment must take into account whether the patient may at some future time be able to make their own decisions again and if they decide that this is likely they must take all appropriate steps to ensure the patient receives all the assistance they need to recover to a position where they can make their own decisions. Effectively though the legislation allows the person treating the patient with the mental health problem to remove all autonomy from the patient and force treatment on them that they might ordinarily object to if they had the capacity to do so. The legislation does state that the person making the decision on behalf of the patient should take into account the patients past and present wishes and feelings and make judgments based on what they perceive the patient would want if they were able to decide for themselves. The new Act is designed to operate alongside the Mental Health Act 1983 and the Mental Health (Patients in the Community) Act 1995, as was introduced with the aim of simplifying the way in which a person can be adjudged to be in need of treatment in respect of a mental health issue[10]. Under the 1983 Act compulsory admission to mental institutions is determined with reference to section 1 of the Act and refers to mental disorder but also covers any other disorder or disability of the mind. The Act attempts to specify the persons who they deem in need of admission for treatment and covers four broad areas namely mental illness, severe mental impairment, psychopathic disorder or mental impairment. The first 2 conditions trigger automatic admission regardless of whether the treatment is likely to be effective or not. With the last 2 conditions psychopathic disorder and mental impairment, admission can only be ordered if the patients are likely to benefit from the treatment. Under the new Act the definition has been extended to cover a far wider audience and it is likely under the provisions of the 2005 Act that those with a psychopathic disorder can be detained regardless of whether treatment will assist their condition. The 1983 Act does not specifically define mental illness and can be problematic as it does not cover conditions where a person may undertake activities that are potentially life threatening due to a compulsion for risk taking. It is possible that the 2005 At might encompass this area as section 3 (4) states that when deciding whether someone is capable of making their own decisions account should be taken as to whether the person has the capability of being able to reasonably foresee the consequences of the decisions they are making. Whilst it could be argued that this is a positive move[11] there is room for abuse of this inclusion in the legislation and could theoretically be used to cover sado masochistic activities between consenting adults or the participation of dangerous sports. To be effective the 2005 Act should incorporate examples where there is a clear demonstration that the patient lacks the capacity for being able to foresee the consequences of their actions. This would assist the person making the decision about the patients mental capacity as they could compare the actions of their patient with actions previously seen to be harmful. There are a few dangers surrounding the 2005 Act in that mental capacity is judged according to the individual’s capacity to make their own decisions. The 1983 Act defines psychopathic behaviour as a persistent disorder or disability of mind (whether or not including impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned. Research into psycopathy has shown that whilst the psychopath may not always conform to rules they do have the ability to do so. Following the guidance in the 2005 Act regarding mental capacity this could mean that dangerous psychopaths could slip through the net as they may well be able to show that they do not lack the necessary capacity to make decisions on their own. By establishing this they will be able to refuse treatment as autonomy is only forfeited where the patient lacks the capacity to make their own decisions. The new Act is inherently flawed in that temporary mental incapacity can lead to compulsory admission to an institute[12]. This could have a dramatic effect on people such as women suffering post natal depression after childbirth. In the past doctors have prescribed tranquilisers and anti depressants to attempt to cure the patient. Under the 2005 Act the partner of the patient suffering post natal depression could request that their partner be assessed for mental capacity. If the person doing the assessment is of the opinion that the mother is incapable of making their own decisions the mother might find herself placed in a mental institute and forced to receive treatment she might otherwise object to. The 2005 Act also contains a section authorising power of attorney[13] to family and other persons connected to the person who has been assessed as lacking in mental capacity. This is open to widespread abuse as greedy relatives may use a temporary mental impairment of their family member to gain power of attorney over their monetary assets and squander any of their savings away. It has also been proven by past examples that once a person has been admitted to a mental institution it is difficult for the patient to convince the doctors and medical staff that they have now recovered from their mental illness and no longer need to be institutionalised[14]. In the UK paternalistic intervention[15] has been used even when the patient having the treatment poses no threat to others or himself. In the case of W v Egdell [1990] ch 359 a psychiatrist was asked to examine a patient at the request of the patient’s solicitor to assess the suitability of transferring the patient from a secure hospital back into the community. The psychiatrist submitted his report to the Home Office in order to prevent what he perceived could be a danger if the patient was prematurely released. As a result of this report the patient was forced to remain within the secure hospital despite the fact that at no time had the patient committed any acts of violence. This kind of paternalistic intervention offends against the principle of autonomy[16] and should only really be justified when the person for whom the decision has been made is unable to make an informed choice for himself. The approach to deciding whether paternalism should be allowed when assessing a person with a mental illness should be to ask whether the patient would consent[17] to the proposed treatment if they were able to make a rational choice. In America they used what is known as the substituted judgment test which is autonomy based in the sense that the intervention is directed towards the goal of restoring the patients autonomy. Another way in which the mental health professionals have sought to circumvent claims of enforced treatment is by the use of implied consent[18]. The notion behind this is that although the person by reason of incapacity cannot give their consent at that point in time they may be able to endorse the treatment at a later date, which would then amount to a form of retrospective consent[19]. Obviously there are difficulties with this approach as there is no way of predicting that subsequent consent will be given when the person is in a position to give that consent. Frequently those who resent involuntary treatment will continue to do so after recovery. Due to the obvious problems associated with interference with the autonomy of the patient most mental health professionals adopt the paternalistic best interests[20] test as outlined in the Mental Health Act and uses the Act to order compulsory treatment of the patient. The 1983 Act provides 3 ways in which a patient can be compulsorily admitted to hospital for treatment[21]. Section 2 of the Act gives the patient’s nearest relative or any person authorised to act on their behalf the right to apply for the admission of the patient into hospital. In order to qualify for the right to make such an application the applicant must have seen the patient within the 14 days prior to the application. The application must be supported by 2 registered practitioners one of whom must be qualified in psychiatry. Grounds[22] for admission under section 2 are that a patient is suffering from a mental disorder of a degree which warrants detention in a hospital at least for a limited period of time and should be to prevent harm to himself or others. Under this kind of admission the maximum time the patient can be detained is 28 days and admissions cannot be renewed thereafter. The second way in which patients can be admitted is under section 4 of the Act which covers emergency admissions and can be applied for on the recommendation of one doctor only but is only valid for 72 hours. The doctor does not need to be a specialist in the treatment of mental health but if possible must have known the patient beforehand. The applicant must have seen the patient within the last 24 hours. Such emergency admissions can be converted to treatment for 28 days by seeking a second opinion from a mental health specialist. The third way in which compulsory admission can occur is under s3 of the Act and application is similar as those under section 2 of the Act. Under this section of the Act the patient can be detained for up to 6 months and can be renewed thereafter, initially for an extra 6 months and then yearly for periods of a year at a time. Detention under this section can last indefinitely. Those who do recover from their mental disorder may be released from the secure units[23] but held under supervision[24] orders using section 117 of the Mental Health Act, and although they can no longer be forced to receive treatment they will be expected to attend at a treatment centre. Unfortunately there is no system in place to ensure that such patients do attend the treatment centres and no sanctions available to the authorities to enforce their attendance. It has been suggested that those patients who have been discharged and do not comply with the supervision orders should be readmitted to hospital under a compulsory admission so as treatment can be enforced without the patient’s consent. In order to prevent claims being made by those who have been compulsorily admitted to hospital and forced to undergo treatment section 139 of the Mental Health Act was added which states that ‘no person shall be liable†¦to any civil or criminal proceedings†¦in respect of any act purporting to be done in pursuance of this Act†¦unless the act was done in bad faith or without reasonable care.’ This effectively gives the hospitals total paternalism[25] over the treatment of compulsorily admitted patient and negates any patient autonomy or rights to personal autonomy until such a time as the persons treating them are satisfied that the patient is recovered sufficiently to render them capable of making their own decisions. The overall view that is apparent from looking at the 1983 Act and the recent 2005 Act is that paternalism has always been present within the treatment of mental health patients. The 2005 Act broadens the classes of people who may now be classified as in need of compulsory admission and treatment and therefore strengthens the position of paternalism whilst reducing personal autonomy practically into non-existence. The danger in allowing the government to increase the power for compulsory treatment could in the future spread to other areas of medical treatment and could lead to persons with terminal illness who have expressed a wish not to be treated being forced to undergo treatment by being held to be mentally incapable of making rational decisions. There could also be problems where patients refuse treatment on the grounds of religious belief. It might be argued by the person giving the treatment that the patient has been indoctrinated by the religious group they are part of and are therefore incapable of making decisions independent of the doctrines instilled in them by their religious teachings. Allowing paternalism to become acceptable for one classification of person could ultimately lead to problems in all areas of legislation and could result in criminals being locked away indefinitely as it could be viewed as in the best interests of society to keep them locked away. Governments have used the fear that the general public have of people with mental illnesses posing a threat to ordinary members of the public by highlighting those incidents were patients have been released from institutions and then have harmed or killed others[26]. By using this fear they have persuaded the general public that compulsory admission of the mentally ill is the only way to prevent others from being harmed and that it is in the best interests of the patient and society for them to be forced to undergo treatment and remain institutionalised[27]. Bibliography Mason McCall Smith, Law and Medical Ethics, 5th Ed 1999, Butterworths. Darjee R, Crichton J. The MacLean committee: Scotlands answer to the dangerous people with severe personality disorder proposals? Psychiatric Bill 2002;26: 6- Watts J, Priebe S. A phenomenological account of users experiences of assertive community treatment. Bioethics 2002; 16: 439-454 Department of Health and Home Office. Managing dangerous people with severe personality disorder. London: Stationery Office, 1999. Scmukler, G, Homicide Enquiries. What sense do they make?, Psychiatric Bulletin , 24, pages 6-10, 2000 Scottish Executive. Report of the committee on serious violent and sexual offenders. Edinburgh: Scottish Executive, 2000 Steadman, H, Mulvey, E, Monahan, J, Robbins, p, Applebaum, P, Grisso, T, Roth,L, and Silver, E, Violence by people discharged from acute psychiatric inpatient facilities and others in the same neighbourhoods, Archives of General Psychiatry, 55, pages 393-401, 1998. Who Decides; Making Decisions on Behalf of Mentally Handicapped Adults (LCD, 1997) http://www.ethox.org.uk http://www.dh.gov.uk http://www.guardian.co.uk http://bjp.rcpsych.org http://akmhcweb.org Table of Cases R v Bournewood Community and Mental Health NHS Trust ex p L [1998] 3 WLR 107 Re F [1990] 2 AC 1 Re T (adult: refusal of medical treatment) [1992] 4 All ER 649, CA.). Re Y [1996] 35 BMLR 111 S v McC; W v W [1972] AC 24 St Georges Healthcare NHS Trust v S; R v Collins and others, ex parte S [1998] 3 All ER 673, [1998] Fam Law 526, CA W v Egdell [1990] ch 359 Table of Statutes Lunacy Act 1890 Lunatics Act 1845 Mental Capacity Act 2005 Mental Health (Patients in the Community) Act 1995 Mental Health Act 1959 Mental Health Act 1983 Mental Treatment Act 1930 1 Footnotes [1] Scottish Executive. Report of the committee on serious violent and sexual offenders. Edinburgh: Scottish Executive, 2000 [2]http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/MentalHealth/MentalHealthArticle/fs/en?CONTENT_ID=4131958chk=/1k+X3 [3] Steadman, H, Mulvey, E, Monahan, J, Robbins, p, Applebaum, P, Grisso, T, Roth,L, and Silver, E, Violence by people discharged from acute psychiatric inpatient facilities and others in the same neighbourhoods, Archives of General Psychiatry, 55, pages 393-401, 1998. [4]http://www.guardian.co.uk/Archive/Article/0,4273,4448443,00.html;http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/MentalHealth/MentalHealthArticle/fs/en?CONTENT_ID=4089588chk=we/GKL [5] St Georges Healthcare NHS Trust v S; R v Collins and others, ex parte S [1998] 3 All ER 673, [1998] Fam Law 526, CA [6] Mason McCall Smith, Law and Medical Ethics, 5th Ed 1999, Butterworths. P510 -512 [7] R v Bournewood Community and Mental Health NHS Trust ex p L [1998] 3 WLR 107 [8] Darjee R, Crichton J. The MacLean committee: Scotlands answer to the dangerous people with severe personality disorder proposals? Psychiatric Bill 2002;26: 6-8 [9] Re F [1990] 2 AC 1 [10] Department of Health. Reforming the Mental Health Act. London: Stationery Office; 2000. [11]http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/MentalHealth/MentalHealthArticle/fs/en?CONTENT_ID=4089589chk=1fWV90 [12] Mental Capacity Act 2005 s2 (2) [13] Mental Capacity Act 2005 s9 [14] http://akmhcweb.org/News/HungerStrike/LATimesMag10-26-2003.htm [15] Mason McCall Smith, Law and Medical Ethics, 5th Ed 1999, Butterworths p506 [16] http://www.ethox.org.uk/Ethics/econsent.htm#introduction [17] (S v McC; W v W [1972] AC 24; Re T (adult: refusal of medical treatment) [1992] 4 All ER 649, CA.). [18] Mason McCall Smith, Law and Medical Ethics, 5th Ed 1999, Butterworths p507 [19] Watts J, Priebe S. A phenomenological account of users experiences of assertive community treatment. Bioethics 2002; 16: 439-454 [20] Re Y [1996] 35 BMLR 111; http://www.ethox.org.uk/Ethics/econsent.htm#introduction [21] Who Decides; Making Decisions on Behalf of Mentally Handicapped Adults (LCD, 1997). [22] Mason McCall Smith, Law and Medical Ethics, 5th Ed 1999, Butterworths p503 [23] Mental Health (Patients in the Community) Act 1995 [24] Mental Health (Patients in the Community) Act 1995 (c.52) s1 [25]http://bjp.rcpsych.org/cgi/content/full/177/3/196?ijkey=b0b6443d7c871c32507c07da36faadf7633b7b9bkeytype2=tf_ipsecsha [26] Scmukler, G, Homicide Enquiries. What sense do they make?, Psychiatric Bulletin , 24, pages 6-10, 2000 [27] Department of Health and Home Office. Managing dangerous people with severe personality disorder. London: Stationery Office, 1999.

Sunday, July 21, 2019

The Principle Of Common But Differentiated Responsibilities Politics Essay

The Principle Of Common But Differentiated Responsibilities Politics Essay Introduction The assertion that climate change is anthropogenic and poses a serious threat to humanity is considered a valid argument by many schools of thought. This argument presents a platform for continual dialogue and negotiations between nations, supported with actions towards mitigating climate change and its threats. Resulting from several negotiations, which are not without controversy, are agreements, plans and policies such as the Kyoto Protocol, the Montreal Action Plan, the Rio Declaration and the Bali Road Map etc. all fashioned to ensure collective and wide participation amongst states in addressing climate change. Also, as part of global efforts, the Intergovernmental Panel on Climate Change (IPCC), established by the United Nations (UN), is assigned the task of generating guidelines and reports and also assessing the effects of climate change and the adequacy of response measures (Svensson, 2008). In addition, the United Nations Framework Convention on Climate Change (UNFCCC) is adopted by many states in order to prevent this negative change by mainly minimising the amount of greenhouse gas (GHG) emission into the atmosphere (Svensson, 2008; Ringius et al., 2002). However, concerns have been raised about the efficacy and feasibility of some of these agreements, plans and frameworks as measures for controlling and managing climate change (Monbiot, 2006; Pinguelli-Rosa and Munasinghe, 2002; Hardy, 2003). These concerns call for unbiased reviews of climate change mitigation measures and the principles behind them within different framings of the problem. In this paper, I discuss a key principle behind climate change mitigation measures. I weigh the value of equity in climate change mitigation and identify the advantages and disadvantages of adopting the principle of common but differentiated responsibility (CBDR). In conclusion, I make a case for introducing viable principles as measures for tackling climate change. EQUITY IN CLIMATE CHANGE Climate change can be framed as a single or combination of issues such as ethical, political, historical, scientific, security and health issues etc (Randall, 2010). However, one can argue that although the universal perception of the magnitude of climate change is hinged mainly on scientific claims and evidence, this perception is broadened within the other issues or framings mentioned. Principles and mechanisms to control climate change are proposed, developed and implemented at local and international scales around these framings (Randall, 2010). Nonetheless, one consequential factor underlying these scales and framings is inequity (Pinguelli-Rosa and Munasinghe, 2002). Incidentally, equity is arguably the starting point of the discourse on climate change mitigation (Barkham, 1995). It forms the crux and as well constitutes the bane of many debates and negotiations on climate change (Ashton and Wang, 2003). Yet, Pinguelli-Rosa and Munasinghe (2002) contend that equity is not adequ ately addressed in key agreements and documents relating climate change. Contrary to this claim, Ashton and Wang (2003) argue that equity permeates UN negotiations and agreements on climate change. Equitable participation is to a large extent dependent on the understanding of the challenges posed by climate change (Skea and Green, 1997). On these premises, I argue that the explicit understanding of equity in the context of climate change at a local or international scale sets the stage for fairness in dealing with climate change problems. Notwithstanding, it is important to mention that it is difficult to reach a consensus on equity since it is reliant on different philosophical beliefs and notions (Ikeme, 2003). While it can be argued that climate change is a common problem, it also fair to recognise that responsibilities and impacts vary (Harris, 1999; Ashton and Wang, 2003). Consequently, differences and disagreements emerge. The phrase, unfair advantage in climate change negotiations, questions the practicability of equity and the comprehension of the common and differential nature of this global challenge. This undermines efforts to obtain viable solutions (Skea and Green, 1997). The mere recognition of inequity or equity may be considered a reasonable act of justice and key to solving the climate change problem. Thus, I put forward that the acceptance of equity as an integral component of negotiations opens up rather chaotic but pertinent twists in the climate change debate which on one hand can promote the efforts towards mitigating climate change and on the other hand serve as a conundrum against solutions. To explore these arguments and make a case for viable climate change solutions, the principle of common but differentiated responsibilities (CBDR) as a tool for negotiating climate change solutions is defined and dissected at an international scale. This principle is equity-based and has been applied in key climate change negotiations (Ikeme, 2003; Okereke, 2008; Matsui, 2004; Ashton J. and Wang X., 2005). Principle 7 of the Rio Declaration, 1992 Common but differentiated responsibility (CBDR) The application of this principle in the climate change saga has its origin from the UNFCCC Rio Earth summit of 1992 (Harris, 1999; Ashton and Wang, 2003; Matsui, 2004). It is regarded as the key principle in addressing the problem of GHG emissions in the Kyoto protocol (Matsui, 2004; Harris, 1999). The principle of CBDR is established on the grounds of equity and fairness and demands more responsibility from developed countries in a global participation towards seeking climate change solutions (Harris, 1999; Ashton and Wang, 2003; Matsui, 2004). The principle states that: States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earths ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command. (Source: United Nations Environment Programme, UNEP, www.unep.org) This principle has come under close scrutiny and criticism in the climate change mitigation debate. Both the developing and developed states remain sceptical about this principle (French, 2000; Okereke, 2008). Why the principle of CBDR? Given the complexity of issues and arguments arising from climate change debates, one can only wonder how decisions can be regarded as fair and equitable (Ashton and Wang, 2003; Carzola and Toman, 2000). And if they are regarded as such how can their efficiency be measured? Outlining the reasons behind the application of this principle in this discourse sets the stage for a thorough analysis of its strengths and weaknesses. These reasons are: To distinguish between the contributions of the developed and developing states in the emission of GHG and subsequently determine their contributions in remedying the problem (Weisslitz, 2002; Pinguelli-Rosa and Munasinghe, 2002). To ensure financial aid and clean technology transfer to the developing states as a measure of mitigating climate change (Ashton and Wang, 2003; Shah, 2009). To provide a philosophical and legal support for achieving the objectives of key international agreements such as the Kyoto protocol etc. [note: this principle is not a legal obligation] (McManus, 2009; Rajamani, 2000). Identification and analysis of the strengths and weaknesses of the Principle of CBDR as a solution to climate change In relating CBDR to answering the following questions: who should accept responsibility for climate change? and on what basis should responsibilities be assigned, one can explore the pros and cons of this principle within different framings. The ambiguous nature of this principle in global climate change negotiations warrants answering these questions at an international scale. Livermann (2008) reinforces this assertion by pointing out that the challenge of the blame game in assigning responsibilities to states is controlled under negotiations driven by the principle of CBDR. Nevertheless, she concedes that there controversies in applying this principle. Strengths First, from a historical framing, it is difficult to reconcile the contribution of different polluters on an international scale over a long period of time (Caney, 2005). Attributing emissions directly to a country (from which the emission emanate) is impractical largely because GHG get completely mixed up in the atmosphere, which fundamentally has no boundary (Pinguelli-Rosa and Munasinghe, 2002). On this basis, the principle identifies a common responsibility (Pinguelli-Rosa and Munasinghe, 2002) for all states. This common responsibility is intrinsic in climate change negotiations and forms the fulcrum of viable agreements. During the era of massive global industrialisation, a lot GHG were released into the atmosphere (Stern, 2006; Pinguelli-Rosa and Munasinghe, 2002; Hardy, 2003). But the impact of distribution of these GHG is irrespective of who is responsible (Ikeme, 2003). The need for historical accountability became obvious during climate change negotiations (Neumayer, 2000). In this regard, the CBDR recognises that there are historical differences in emissions between the developing and the developed states and between developed states (Hepburn and Ahmad, 2005). In the words of Ikeme (2003, pp 7), bygones are not bygones. On this note one can argue that this principle is progressive in an intergenerational context. It considers how the emissions of the past can affect the future. It also establishes a moral and ethical basis for environmental justice which cannot be legally guaranteed (Kamminga, 2008; Ikeme, 2003). There are strong indications that climate change has an impact on the worlds economy (Stern, 2006). Similarly, the worlds economy has a hand in climate change. The economic boom which accompanied the industrialisation of the developed states arguably played a major role in aggravating climate change, leaving developing states and future generations at more peril to its effects (Barker, 2008; Stern 2006). This peril is more obvious due to the economic gap between these states. The CDBR is applied to this effect to bridge the economic gap between states, even though its application remains contentious (Najam et al., 2003; Ramajani, 2000). In the Kyoto protocol, economic based mechanisms adopted to mitigate climate change show the global proposition for shared responsibility (Halvorssen, 2007; Vashist, 2009). The CBDR is clearly one principle behind economic agreements of shared responsibility in the Kyoto protocol (Harris, 1999; Vashist, 2009). Thus CBDR is formulated to meet economic needs of states while tackling climate change. The CBDR also saves developing states the cost of engaging in stringent carbon cut regulations, thereby indirectly helping to build their economies in order to close the gap with the developed states. Through the Clean Development Mechanism (CDM) of the Kyoto protocol, this principle arguably enhances the investment in clean technology globally, promoting ecological modernisation in the process. More so, CBDR facilitates the need for developed states to provide technological and financial assistance to the developing states for combating climate change (Scarpace, unknown). Developed states get credits under the CDM for avoiding emissions. Though, McManus (2009) argues that through the CDM, developing states meet sustainable development targets, I remain sceptical about this claim since the developing states remain at the core of disagreements in negotiations. I argue my case in the next section. Matsui (2004) and Harris (1999) suggest that the CBDR encourages the developing states to participate in climate change negotiations by pressurizing the developed states to bear the greater responsibility in the interim. However, there is need to back up this encouragement with actions. It seems encouragement is not enough judging from the GHG emission levels of countries like Brazil, China and India. While these countries are not committed to reducing their emissions now, I suggest this principle serves as legacy to ensure their future compliance and commitment in climate change mitigation initiatives, especially as they are at the forefront of pressing the developed states to comply with the Kyoto agreements. When aligned with neoliberal economic ideas and structures, the CBDR is usually successful (Okereke, 2008, pp 26). I argue that these ideas and structures are entwined in some of the mechanisms of the Kyoto protocol which encourage private participation in climate change mitigation such as the CDM. The introduction of equity based norms such as CBDR in approaching global environmental issues such as climate change shows the consideration of justice and equity in facing the challenge (Okereke, 2008). Weaknesses On the contrary, the interpretation of the principle of CBDR sparks controversy in the allocation of historical responsibility to states. Liverman (2000) argues that this favours the developed states. She also points out that while developing states have low emissions with high vulnerability; developed states have high emissions with low vulnerability. Hence, the basic interpretation of this principle is devoid of issues on vulnerability which is a big problem. Thus, one can infer that this principle is fundamentally constructivist and to a large extent uncaring about the issue of vulnerability of some states to climate change. By virtue of this assertion, there is no firm commitment by developed states to aid countries such as Bangladesh and the Maldives which are more vulnerable to the rise in sea levels. The case of vulnerability is can be appreciated more from a health perspective. The emergence of many diseases is now attributed to the increasing global temperatures (Patz et al. , 2007) and now climate change is seen as a threat to global human health (Cambell-Lendrum et al., 2007). It is also considered the largest health inequity of our time (Patz et at., 2007 pp.397). There is a notable asymmetry in vulnerability to diseases between the developed and developing states in favour of the developed states (Hardy, 2003, Patz et al., 2007, Cambell-Lendrum et al., 2007). The CBDR alignment with the aftermath of GHG emissions is myopic. This principle is not modelled to advance sustainable development in the developing states. (Scarpace, Unknown). The exportation of unclean technology by developed states to developing states for financial benefits is contrary to the objective of sustainable development. Many heavy polluting multinational industries now establish their plants in developing states where there are no stringent emission regulations. By virtue of the CBDR, the weight of responsibility on developing countries to voluntarily cut GHG emissions is insignificant (Scarpace, unknown). Though, some schools of thought will argue that setting targets for developing states will limit their growth and possibly widen the economic gap which the principle aims to narrow (Pinguelli-Rosa and Munasinghe, 2002), I maintain that there should be some sort of commitment from developed nations based on this principle or a reviewed principle because climate change still remains a common problem. A scenario where some states with historically insignificant emissions but are now are big emitters with strong economic capabilities, is not adequately depicted in the CBDR. Due to their economic capacities some of these developing states can fully participate in reduction of GHG. Under the guise of the principle, these states like China do so little to solve the problem (Scarpace, Unknown). The ambiguity of this principle questions the level at which the principle should be adopted. Caney (2005) suggests that this principle may fit international interests but neglects lower level interest such as local national interests and individual interests. Finally, Matsui (2004) argues the CBDR has a propensity for what he calls double standard or what Okereke (2008) refers to as responsibility deficit where the willingness to act responsibly is superseded by cost-benefits. This contention is made worse on the grounds that the CBDR principle is not legally binding, irrespective of the fact that the Kyoto protocol was signed into law (Matsui, 2004; French, 2000). Also, the pressing economic needs of states may result in limited devotion of resources necessary for global solutions to climate change (French, 2000). There is also a sense of caution and competition amongst the developed countries such that they want to avoid any condition that may result in unfair economic advantage (Green and Skea, 1997, pp 3). More so, Okereke (2008) asserts that the nature of the CBDR could result in hegemony; where developed nations in a bid to maintain their economic and world dominance, project an air of interest, claiming leadership in moral and int ellectual discourses in climate change. Discussion Only agreements considered by all parties as equitable are likely to promote action and facilitate climate change mitigation (Ashton J. and Wang X., 2003). Such agreements must be built on the tenets of equity and driven by a singular objective stop climate change if we can. Though the implementation of CBDR is wrought with several controversies, parties to climate change debates and negotiations must recognise that it is not an utopian principle. Concessions need to be made on ethical grounds if climate change is really considered a big threat to humanity. The CBDR is one important principle for tackling climate change equitably. Sceptics and critics have to realise that agreeing on a new principle to replace or back-up CBDR may take several years, yet more claims of inequity may arise. The Polluter pay principle has a more direct approach to addressing emission issues. It could easily be drafted into law. However, it may undermine the economic gap between states (Caney, 2005). It focuses mainly finance and economics to the detriment of physical and environmental outcomes of climate change. Without a strong historical basis, this polluter pay principle cannot be viable at any level in tackling climate change. However, there are arguments by Shue and Neumayer in Caney (2005) canvassing for individualist approach for accounting for historical deficits in adopting this principle. In my opinion, to make the CBDR more practicable and fit to meet the especially the challenge vulnerability in climate change, a consequentialist dynamic approach is needed. This approach shall integrate measures to assess the risk of climate change in different regions of the world and it shall be carried out continuously at different times. Global efforts will subsequently concentrate of the most vulnerable areas. This approach will not require changing the wordings of principle 7. However, it will need a firm legal backing to ensure its implementation. Conclusion The post Kyoto negotiations will take off in 2012 and Kamminga (2007) points out that improving the Kyoto protocol is a major concern. The CBDR still remains the most potent principle to bring all states to the round table for fair negotiations. Sacrifices must be made to mitigate climate change and the big polluters, especially the US, need to establish their sovereignty in the new negotiations. Doubting the evidence of climate change is one thing, but refusal to act reasonably negates the essence of the precautionary principle. Environmental and Political egalitarianism need reflect in the outcome of the 2012 negotiations. States need to ask, What is morally right to do in this situation? If the talk about globalization is anything real, then we must all learn to be our brothers keepers. The big states seem to prioritise economic gains in climate change mitigation while the small states are bent on playing the blame game. However, these states need to realise that the CBDR is still a potent tool with which to achieve collective viable climate change solutions.

Saturday, July 20, 2019

Egyptian Pyramids Essay -- Egypt Pyramid

In the deserts of Egypt lie the colossal remains of an ancient civilization. These enormous works of human endeavor are the only member of the Seven Ancient Wonders of the World that time has passed down to us. These are, of course, the great pyramids of ancient Egypt. But these imposing structures were not built to impress civilization millennia down the road. The pyramids in fact had a purpose to the ancient Egyptians. While they seem very simple in nature, as they are simply four-sided pyramids with square bases, they had a meaning for those that had them built. Even by today’s standards, the pyramids of ancient Egypt were an impressive feat of engineering, due to their enormous size, both in building materials and finished product. Indeed, there is more to these mysterious pyramids of the ancient Egyptians than meets the eye. Before a decent discussion of the pyramids is begun, a bit of background history must be set forth. The ancient Egyptian empire lasted for over 3,000 years, beginning at around 3,100 BCE and ending just shy of 300 years before the dawn of the Common Era. Historians break up the empire chronologically into nine separate eras. The second of these eras, known as the Old Kingdom, is when all of the pyramid construction took place, and dates from 2,686-2,181 BCE (Edwards 1). During this era, Egypt’s kings and queens were buried inside these pyramids. Presently, there are about ninety such pyramids—or remains of pyramids—which stretch along the desert just to the west of the Nile River (Edwards 2). The previous style of burial of Egyptian pharaohs was the mastaba, a flat-roofed structure made of brick. However, at the beginning of the Old Kingdom, stone was introduced as a building material. Building with... ...never be known, but some, such as Senefuru and Khufu have, in a sense, reached immortality. Imhotep, the architect of many of these great monuments, has too become immortalized in history as being one of the first known architects as a result of his work on the pyramids. These pyramids have solidified these ancient rulers as well as others in the pages of history. These pyramids have stood the test of time, and most likely, thousands of years from now, when all our modern skyscrapers have either toppled or been dismantled, the pyramids of the ancient Egyptians will still stand tranquilly in the desert and invoke the same mystery and inspiration to the future generations who gaze at them. Works Cited Edwards, I.E.S. The Pyramids of Egypt. Middlesex, England: Viking Books, 1985. Fakhry, Ahmed. The Pyramids. Chicago: The University of Chicago Press, 1961.

Friday, July 19, 2019

Authors of the 70s :: essays research papers

Litature is a major contributory factor in a decade. In the 70s there were several break-out authors who we still read and look up to today. Among them are John Updike, Joyce Carol Oates, Kurt Vonnegut, Toni Morrison, Neil Simon, Sam Sheperd, Agatha Christie, Robert C. Atkins, Christina Crawford, Richard Nixon, Carl Sagan, and Stephen King. Robert C. Atkins is responsible for the Atkins Diet which has taken America by storm. Christina Crawford is responsible for the book Mommie Dearest, which gave an in depth view into the life of Christina Crawford growing up as Joan Crawford’s daughter. Richard Nixon wrote the book Memoirs of Richard Nixon. And Stephen King debuted in 1979 with his first big name book, The Dead Zone. Toni Morrison was born Chloe Anthony Wofford in Lorain, Ohio in 1931. Her six major novels--The Bluest Eye, Song of Solomon, Sula, Tar Baby, Beloved, and Jazz--have collected nearly every major literary prize. Ms. Morrison received the National Book Critics Circle Award in 1977 for Song of Solomon. In 1987, Beloved was awarded the Pulitzer Prize. Her body of work was awarded the Nobel Prize in literature in 1993. Other major awards include: the 1996 National Book Foundation Medal for Distinguished Contribution to American Letters, the Pearl Buck Award (1994), the title of Commander of the Order of Arts and Letters (Paris, 1994), and 1978 Distinguished Writer Award from the American Academy of Arts and Letters. Ms. Morrison was appointed Robert F. Goheen Professor of the Council of the Humanities at Princeton University in the spring of 1989. Before coming to Princeton, she held teaching posts at Yale University, Bard College, and Rutgers University. In 1990 she delivered the Clark lectures at Trinity College, Cambridge, and the Massey Lectures at Harvard University. Ms. Morrison was also a senior editor at Random House for twenty years. She has degrees from Howard and Cornell Universities. A host of colleges and universities have given honorary degrees to Ms. Morrison. Among them are Harvard, the University of Pennsylvania, Sarah Lawrence College, Dartmouth, Yale, Georgetown, Columbia University and Brown University. Ms. Morrison was commissioned by Carnegie Hall in 1992 to write lyrics for "Honey and Me", an original piece of music by Andre Previn. The lyrics were sung in performance by Kathleen Battle. In 1997, she wrote the lyrics for "Sweet Talk", which was written by Richard Danielpour and performed in concert by Jessye Norman.

Beyond The Horizon And Diffrent By Eugene Oneill :: essays research papers fc

Beyond The Horizon and Diff'rent by Eugene O'Neill In Beyond the Horizon and Diff'rent, Eugene O'Neill reveals that dreams are necessary to sustain life. Through the use of the characters Robert Mayo, Andrew Mayo, Ruth and Emma Crosby, O'Neill proves that without dreams, man could not exist. Each of his characters are dependent on their dreams, as they feed their destiny. When they deny their dreams, they deny their destiny, altering their lives forever. O'Neill also points out, that following your dreams, brings you true happiness, something all of his characters do not experience. The characters of Rob, Andy and Emma are stripped of their dreams and their destinies, by the ones who profess to love them. Rob and Andy unknowingly allowed Ruth to lead them down a path, they were not meant to travel. Emma is the same as Rob and Andrew in this respect, because she let Caleb's actions control her ability to follow her dream. Rob is a dreamer. His only wish is to go `beyond the horizon' and discover the mystery of life. Andy, however, is Rob's opposite. Andrew is practical and down-to-earth. His deepest desire is to spend his life farming. "One constructs the world out of fact, the other out of pure imagination." Rob's quest is strange to Andy; it goes beyond anything he can comprehend. Andrew, who is "A Mayo through and through." does not think in the imaginative terms Rob does. "It's just beauty that's calling me-the beauty of the far off and unknown...in quest of the secret which is hidden over there, beyond the horizon." (Horizon, 85) Andy does understand, that his brother could never be happy living on the farm, because his heart is elsewhere. Emma is like Rob in a few ways. Both characters have idealistic views. Rob believes in the secret beyond the horizon and Emma in Caleb's fidelity. Neither of them consider the fact things may not be as they perceive them. For Emma, this innocence is her undoing. Emma considers Caleb to be `diff'rent'. This difference is what makes him special to her. She trusts he will always be this way and that they will always have a future. "But you're diff'rent. You just got to be diff'rent from the rest." Andrew is not like Rob or Emma. He is always logical. He considers Rob's dreams to be a result of his College education, something Andy does not have. Andy has no desire to go anywhere beyond the farm, because it has everything he needs. He is the one to tell Rob that "we've got all you're looking for right on this farm.

Thursday, July 18, 2019

Moral achievements during adolescents Essay

The adolescent period is marked by a number of physical and emotional changes for individuals. During this period, an individual strives to move from the identity that is dependent on parental and societal influence in to one that is determined by the individual. The purpose of this paper is to review the moral developments during this period of identity formation, and whether it is an entirely free process. To do this, the paper will rely on selected literature to study the various dimensions related to the issue. Introduction One of the hallmarks of adolescence is the search for identity. At this stage of human development, the individual attempts to cultivate a personal identity that will act as the basis for person’s future life. Consequently, this stage is mostly marked by defiance and general non conformity, which happens as one tries to explore practices that are not necessarily in line with both societal and familial norms and expectations. Although important, the search for identity may be a source of discord between an individual and the family or society. The discord may become a source of antagonism between the individual and the society, but more importantly, it may lead to a realization of moral consciousness for the adolescent. In the context of this paper, the word moral shall be taken to be what one perceives right or wrong based on personal conscience. In that regard, moral achievement refers to positive changes in conscience one undergoes during the adolescent period. The paper will be based on selected literature available on the subject. It is however worth noting that the subject under discussion is a multidimensional one, and for that reason, the paper will confine itself to those dimensions covered in the literature as a way of ensuring systematic coverage. The paper will study coping socialization agents, drug use, parental influence on school disposition and identity problems. These are some of the dimensions related to moral achievements. However, even though an individual is supposed to develop a personal identity during this period, the resulting identity is always influenced by external factors such as that from peers, societal and parental influence. Coping Coping refers to an individual’s ability to appropriately react to situations as they arise. Adolescents, like all the other human beings experience adjustments and extensive stressors. According to (Garcia, 2009), some of these stressors and adjustments include dealing with peer relationships, physical and emotional changes that an individual experiences during the period, family dynamics, poverty and crime. Proper coping means that the adolescents must be able to deal with these challenges with resilience and show positive health outcomes (Garcia, 2009). An adolescent achieves cognitive and moral development in a set of three stages. According to (Garcia, 2009), these stages are assimilation, accommodation and equilibration. In addition to these strategies, the adolescent develops critical thinking and information processing, which enables for gradual development of the mind in an adult like thinking one. Guided by the newly acquired traits of critical thinking and information processing, the individual moves away from what they conceive as parental influence and set out to develop their own way of approaching life. At this stage the individual is torn between peer influences and conformity with parental expectations. According to (Garcia, 2009), a well coping individual should be able to develop a healthy identity, which is one developed by the individual as opposed to one imposed by peers or parents. An important element related to coping developed during the adolescent period is the coping strategy. Most prominent of these strategies, according to (Garcia, 2009) is problem solving or help seeking. In other words, during this period, the adolescent will develop coping strategies. In the study, (Garcia, 2009) undertook a study of literature related to the general subject of coping. The study identified coping as coping as one of the key pillars in the health of adolescents. The study found that unhealthy coping strategies lead to unhealthy mental health states such as depression and exhaustion. It is therefore important that during adolescence one develops appropriate coping strategies towards various stressors and adjustments. Religion, peer pressure and drug use These issues are related to search for identity. At this stage, the individuals experiment with new religions, try different types of drugs, which may all be a result of succumbing to influences from peers. According to a survey reported by (Bahr & Hoffman, 2008), 22% of youths admitted having used cigarettes, while another 45% had used alcohol, with another 30% reporting being drunk and 18% acknowledged using marijuana. This was a survey done on high school seniors, most or all of who are in the adolescent stage. The finding is a pointer to how life is volatile for the adolescent. (Bahr & Hoffman, 2008) further notes that there is a negative correlation between religiosity and drug use. In a way, the report endorses religion as a way of reducing drug use because youths with religious affiliations showed less affinity to drug use. To justify this correlation, the study uses social control theory. According to the theory, deviance is more of a natural act while conformity is not. It then follows that religiosity brings in prosocial controls that encourage individuals to conform. Without it, the individuals would follow their natural instincts, which would mean becoming defiant. The other theory used by the report is social learning theory. From the perspective of social learning theory, the religious groups take precedence over friends and family on matters concerning drug use so that instead of individuals picking this habit from them, they are taught by the church (Bahr & Hoffman, 2008). After establishing theories to explain correlations, the study of (Bahr & Hoffman, 2008) notes some control variables such as gender and race and then goes ahead to carry out a survey to validate the hypothesis. The result found a negative correlation on religion measured against cigarettes, heavy drinking and marijuana. The results on other illicit drugs were inconsistent and therefore inconclusive. From the study however, it clear that adolescents can, to an extent, be protected from drug use by being encouraged to take up religiosity. Socialization for adolescents Within an adolescent’s life, there are several agents of socialization. Among these are school, family, peer groups (friends) and community. (Arnon, Shamai, & Ilatov, 2008) did a research in which peer pressure was examined and its effects compared with those of the other agents such as family, school and community. The researchers’ decision to focus on peer influence is premised on the fact that as people approach adolescence, they tend to move away from parents, religious institutions and other official socialization institutions within the community. That therefore leaves peers as the most significant influences at this point because the youths will tend to spend more time with them at the exclusion of the other socialization agents. The study also relies on social theory to explain the influences of peer groupings. Although the study notes the negative influence of peers, it nevertheless notes that it is important for peers to move away from parents for them to develop an independent identity. What the study finds negative is the tendency of the peers to move from parental influence in to conformity towards peer expectations. The identity so obtained will not be a healthy one according to the earlier noted definition. From the study, it emerged that peer groups were the most influential followed closely by family. Other agents, notably school and community only provided secondary influence. It is therefore clear that adolescents submit themselves to be influenced by peers and other socialization agents. Taking in to account the context of this paper, one can conclude that an adolescent’s moral achievement will largely be dictated by the kind of socialization agents in play during the period. Identity problem symptoms in adolescents (Berman, Weems, & Petkus, 2009) defines identity disorder as the inability of an individual to accept aspect oneself. A person is deemed to an identity disorder if for one reason or another, the individual cannot accept certain or all aspects related to his persona. Consequently, the individual becomes predisposed to self denial leading to a form of distress, which may manifest itself in a number of ways. Some of the areas of concern related to this problem, as listed by (Berman, Weems, & Petkus, 2009), include career choice, sexual orientation, friendship and religious identification. The research underscores the importance of identity disorder by citing the fact that the problem is listed Diagnostic and Statistical Manual of Mental Disorders (DSM IV) criteria for mental disorders. The importance of identity formation is identified by Erik Erikson as crucial process in young adults because it does provide one with a future direction while at the same time giving a sense of continuity from the past (Berman, Weems, & Petkus, 2009). Adolescent’s search for identity is characterized by two dimensions; exploration and commitment. The two dimensions can be combined by the individual differently so as to come up with differing identity statuses. For instance, one of the statuses is known as achievement. An individual with this kind of status has a high exploration and commitment tendencies. Such kinds of individuals tend to be less predisposed to identity disorders. The aim of the study was to show that trouble with identity fit the definition necessary for them to be termed as disorder. Currently, issues related to identity crisis are classified as problems and not disorder, and have consequently been downgraded within the DSM hierarchy. The downgrade is symbolic because the hierarchy is used by various medical stakeholders such as insurance companies and medical practitioners to determine priority in terms of coverage and treatment. The study found that 14. 3% of the sample met DSM IV criteria for identity problem (Berman, Weems, & Petkus, 2009). It goes to show that the current classification of the problem is unfair because it underestimates its effects. The study then attributes the rise in the identity problem to increased globalization and immigration, which has subsequently led to more clashes between different cultures and more confusion. Moral achievement in as far as identity formation is therefore dependent on how the youth is able to cope with the increase cultural diversity (or clashes) and globalization. Parental influence and its role in on student’s attitude towards school Parents have a role to play in influencing the attitudes children adopt towards schooling. (Annear & Yates, 2010) did a study on how parents influence the children’s disposition towards school. The study drew from a number of aspects of parenting related to schooling such as perceptions of a child’s potential, monitoring and control, level of affect and focus on a child’s ability. The study takes the view that authoritarian kind of parenting was likely to result in lower grades as opposed to parents who allowed their children to undergo the normal process of socialization. It refers to the authoritarian type of parenting as restrictive parenting while for the more liberal parenting, the term used in autonomy support. The study used a sample made up of both parents and students to come up with its findings. The only variable within the study was whether the parent in question was a mother or father. Generally, the study found that autonomy support to have favorable results both in terms of grades and disposition. Further to that, the study found additional side effects of restrictive parenting as sadness, depression and loneliness. Conclusion From the foregoing, it clear that extraneous factors are more responsible at determining an individual’s moral achievement during adolescents. Ultimately, an individual will be responsible for shaping the direction life will take after breaking free of childhood dependencies and parental influence. It however emerges from the paper that even as one breaks free of these influences in search of individual identity external influence is not extinguished, rather, it is just transferred from one entity to another. Implied here is the fact that freedom from childhood dependencies does not mean complete freedom. In an ideal situation, approaching adulthood would mean that one gets to chart the future devoid of external influences so that the individual can claim full credit for the personality developed thereafter. However, that postulation is invalidated by the paper. Theories such as social learning and social control theory would have no place in an adolescent’s world or an adult’s world was that assumption to hold water. This paper limited itself to the adolescent ages between 12 and 18 years, and may not have sufficient grounds to make any inferences concerning post adolescent life. However, this matter can also be extrapolated, to some extent. Given that individuals at adolescence have partially entered adulthood, it also follows that adolescent behavior is not far from adult behavior. For that reason, it is safe to assume that adult behavior will also be subject to influences from external sources, and especially, socialization agents. Bibliography Annear, K. D. , & Yates, G. C. (2010). Restricitve and supportive parenting: Effects in children’s school affect and emotional responses. The Australian Educational Researcher , 63-82. Arnon, S. , Shamai, S. , & Ilatov, Z. (2008). Socialization agents and activities of young adolescents. San diego: Libra publishers. Bahr, S. J. , & Hoffman, J. P. (2008). Religiosity, peers, and adolescent drug use. Journal of Drug Issues , 743-770. Berman, S. L. , Weems, C. M. , & Petkus, V. F. (2009). The Prevalence and Increamental Validity of Identity Problem Symptoms in a High School Sample. Child psychiatry and human development , 183-195. Garcia, C. (2009). Conceptualization and measurement of coping during adolescence: A review of the literature. Journal of Nursing scholarship , 166-185.

Wednesday, July 17, 2019

Comparative analysis of formalist and realist film theory Essay

Current leaven provides a comparative analysis of motleyalist and tangibleist make theories, establish on theoretical approaches, innovations, sarcastic findings and adopt-making practice of such(prenominal)(prenominal) ren ingested examples of some(prenominal) currents of the snap scheme as Eisenstein, Arnheim and Bazin. forrader beginning the analysis of the abovementioned subjects, one should shoot for out that the difference amongst sorting and objective material in veridical word picture-making is dialectical. In cinematograph ideas and universe juxtapose to make believe veritable synthesis.This effect is produced by pointor of white-tie processing of real optical content. Ideas of a director whitethorn be established with the function of lump elements such as collage, centering, as well as additional manner like reasoned and special effect. This means that even out those directors that search to award objective macrocosm do not merely reproduc e it, tho put into their plastic requires their ideas, thoughts and concepts. As any form of art, cinematograph heavily depends on its technical (instrumental) and elegant (ideal) means, which are realized with the help of the former. white-tie elements are necessary means for any creative director to transmit his/her own ideas and romance of truth. This, however, should not overstate the accompaniment that starchy elements whitethorn be apply to deviate objective reality and help construct ideological and biased vision thereof. The contrary may be overly true with respect to pseudo-realist consumes, which pretend to portray objective reality, while in fact bring forth mere copy of it, desolate of any intellectual content. This can be practice sessiond for justification of existent reality.This is the fortune for the majority of commercial films and contemporary film-making patience in general, which is centered on utilize antithetical forms and genres in the view of get profit. These aspects and import of form and reality theatrical performance in the film possible action should be taken in consideration in this comparative analysis of realist and formalist film theory. thither is no denying the importance of the fact that Eisenstein was among the archetypical appearance fathers of formalist film theory, as he was the stolon to develop the theory of montage and special usage of film editing.These elements of cinematograph constitute the first tail end of formalist film theory, as it was veritable in Eisensteins major whole works Beyond the Shot and Dramaturgy of enter Form. match to Eisenstein, cinema is master(prenominal)ly round montage (Beyond the Shot, p. 13). Using montage is some(prenominal) technical and fine procedure, since it helps take a leak meanings by means of combination/ sex act of antithetical images or situations. Thereby, as Eisenstein constantly states, the esthetic effect is created, which is Copern ican in the visual type of communication provided by cinema.Eisenstein, for instance, well- tried and true to show this phenomenon referring to Japanese hieroglyphs, which often create new meanings by means of copulation (Beyond the Shot, p. 14). The most important thought Eisenstein tried to communicate was that formal elements of film exertion are central to realization of delicious grander ideas and the work with various materials ranging from historical word-paintings to innovative scenarios. Montage, harmonise to Eisenstein, is not self-reliant vis-a-vis objective and ideational originity of reality.Besides this, it should be noted that in correspondence with formalist film theory, the inability to use formal elements properly leads to degradation of films as the form of art, and more thanover, this precludes realization of directors ideas that is intellectual film-making. Arnheim, another noted representative of realist film theory, claimed that visual example of reality in film radically differs from visible perception of reality. This difference, according to Arnheim, gives significance to formal elements of cinema, which create artistic set up.Arnheims arrant(a) analysis of these formal features shows that, if properly used, they may produce interesting stirred effects on witnessers (Film and Reality, 323). Arnheim claims that creating images in film is uncomplete ii-dimensional, nor three-dimensional, but represents golden middle. He provides us with example of the scene from Ruttmanns film Berlin, where the director creates collocation of the second and the triplet dimension by making a shot of two trains moving in opposite directions.Film example of this movement, according to Arnheim, creates certain impression and that is, what differentiates film images from real ones (Arnheim, 324). This vision of form in the film drudgery was often regarded as artful by such representatives of realist film theory as Andre Bazin, who cla imed that formal elements preclude real communication between spectators and films images and plot (The evolution of the language of the cinema, p. 48). However, even so opposed to each other, formalist and realist custom both(prenominal) criticize positivist naturalism in cinematograph for its ideological function and positivism.According to Arnheim, documentary genre is not the kindred as pure reproduction of reality instead, it is severe artistic work. Bazins bully love for documentaries as the representations of objective reality should besides be understood considering the abovementioned distinction. Eisensteins approach to film production contradictory realist school represented by Bazin is based on dialectical theory, which sees the collision of opposites, their cooccurring integrity and negation as a cornerstone of every art. Eisenstein said that shot is not an element, but dialectical cell, which rests in ingrained unity with entire film.Contrary to that, realist fi lm theory, represented by Bazin, draws on personalist perspective, which believes that a film should be a representation of auteurship. Bazin is deeply opposed to formalist perspectives, because he thinks that it breaks ball in many little pieces and prevents authoritative and autonomous perception of reality. Instead, Eisenstein puts particular ferocity on dialectical conflicts between shots, differ of music and shot sequence etcetera , which makes his formal approach look intrinsic and all-embracing.As he claims, the knowledge of these formal dependencies is the core of genuine film production (Beyond the Shot, 16-17). Bazin in his rediscovery of pragmatism in the record of art ends with a statement of great opposition between pseudorealism (which reproduces illusionary appearances) and realism which distributes the truth among spectators. According to Bazin, formalist film-making exemplified by Eisenstein and others extracts meaning from real images and makes it a product of inseparable manipulation with reality, rather than its realist representation.Instead, Bazin claims that realism in film-making is focused on genuine representation of reality, which can be achieved by such technical means as shot-in-depth, focus or even wide shots (The evolution of the language of the cinema, p. 49-51). Hence, Bazin does not reject formal elements as such, but transforms them to achieve the target of realist representation. The continuity of images and shots should not, however, be interrupted by montage manipulation like in formalist theory the auteur should follow the unfolding of reality.This means that time and space should not be artificially enjoind by montage, which is the outcome with Eisensteins formalism, but instead, artistic truths should be found in the articulation of difficult relations between time and space. (As a result, a spectator has more possibilities of definition and autonomous understanding). Deep shot, according to Bazin, helps s pectator to get closer to the image, which creates ambiguity of interpretation, which is more artistic than subjective manipulation (Bazin, p. 50).Moreover, it helps prolong the integrity of the image and specific elements in it, which is according to Bazin, no less important than montage (Bazin, p. 49). These are the basic similarities and differences between formalist and realist film theories. Main approaches of these theories are fundamentally exemplified by two famous films battlewagon Potemkin by Eisenstein (USSR, 1925) and Red Desert by Antonioni (Italy, 1964). Battleship Potemkin is a silent film by Eisenstein, which may be considered as practical realization of his formal montage theory.First of all, Eisenstein designed this film to be a propaganda of socialist revolution and, that is why, he put emphasis on emotional messages against repression and for heroism of ordinary people. Eisenstein extensively uses chantlike and intellectual montage to create certain meaning and emotional effects. This can be best exemplified by famous scene on Odessa steps, where Tsarist forces massacred civil population. Eisenstein uses close-ups and montage juxtapositions of Tsarists forces and dupes of massacre.The dramatic close-ups of victims faces and cold and brutal faces of the soldiers create deep emotional effects, which is the cornerstone of formalist film theory. Wonderful example of shot juxtaposition in the film is the image of foil carriage falling down the steps and soldiers legs going down after it. The montage sequence of this scene has certain artistic meaning it portrays the brutality of Tsarist government activity and its inhuman character and articulates these features by video display the images of its innocent victims.The relations between these two shots are intellectual, that is they help spectators interpret separate images and give meaning to them. Opposite realist theory can be best exemplified by Antonionis Red Dessert. The film may be ch aracterized by avoiding manipulation with montage. Instead, authors realist vision of human alienation, bleakness and ugliness of modern civilization is realized through examining continuity of urban life, its relations and contradictions. Such elements of realist film theory as deep focus, wide shots, and color arrangements. color in in Antonionis film also play formalist function, as he uses different tones and colors for depicting reality. For instance, plants in the film and surrounding objects are represented in red color, which creates certain emotional effects and embeds ambiguity. The result may be describe as empathy into the destiny of man in industrial world, which helps poetically describe admirers relations with it. To sum it up, main examples of realist and formalist approach were analyzed, and basic feature of both theories were revealed.