Saturday, August 31, 2019

Judicial Response to Environmental Issues in India

Environmental protection during the last few years has become not only a matter of national concern but of global importance. It is now an established truth beyond all doubts that without a clean environment the very survival of mankind is at stake. Decline in environmental quality has been evidenced by increasing pollution, loss of vegetal over and bio-diversity, excessive concentration of harmful chemicals in the ambient atmosphere and food chains, growing risks of environmental accidents and threat to life support systems. This has drawn the attention of entire world community and therefore they resolved to protect and enhance the environment quality. How could the judiciary remain a silent spectator when the subject has acquired high importance and become a matter of caution and judicial notice. In a developing country like India, with uneducated masses, conditions of abject poverty, where the awareness of socio-economic and ecological problems in lacking, the judiciary has to play an active role to protect the people’s right against the anti-people order by infusing confidence in people as a whole for whom it exists, for as rightly put by Justice Lodha, â€Å"Judiciary exists for the people and not vice-versa. † Judiciary therefore cannot sit in silence and helplessly but must come forward actively to make good the deficiencies of law and provide relief wherever and whenever required. The Judiciary remained as a spectator to environmental exploitation until recently. But now judiciary assumed an effective role of public educator, policy maker, super-administrator, and more generally, amicus environment. In India Environmental law is judicial response to the queries of its citizens against environmental exploitation and administrative sloth and also role played by the public interest litigation. Since 1985 most of the environment cases in India have been brought before the court as writ petitions, normally by individuals acting on pro bono basis. While numerous legislative steps have been taken to give effect to the significant right of man to live in a sound environment and the corresponding duty of the state and individuals to ensure environmental preservation and conservation, our present endeavor is to analyze the steps taken by judiciary to forward this goal. To achieve this end, the judiciary had evolved certain principles to provide effective remedy in case of violation of constitutional and legislative mandate. In the subsequent sub divisions, several concepts which the judiciary has evolved in order to give force to the right of man to a healthy environment would be briefly dealt with. Right to a Wholesome Environment Judicial recognition of environmental jurisprudence, in the backdrop of industrialization, reached its peak with the pronouncement of the Supreme Court that right to wholesome environment is a part of Article 21 of the Constitution. In Subhash Kumar v. State of Bihar, the court observed that Article 32 of the Constitution has been designed to enforce the fundamental rights of the citizen. The said articles provides for extraordinary procedure to enforce the right of a person. The right to life under Article 21 includes the right to enjoyment of pollution free water and air for full enjoyment of life. Judicial concern regarding right to wholesome environment has been reflected in subsequent pronouncements. It has issued appropriate directions where the government machinery has failed to perform its statutory duty, and thereby undermined the right to life guaranteed under Article 21 of the Constitution. In Indian Council for Enviro-Legal Action and Other v. Union of India and Others, the chemical industries surrounding Bichhri Village in Udaipur (Rajasthan) contaminated the water, soil and air through the discharge of highly toxic effluents, particularly iron-based and gypsum based sludge. The court interfered to give proper remedy to the destitute villagers. It opined that the social interest litigation under Article 32 of the Constitution was a weapon in the hands of the people to enforce their right to wholesome environment, when it was blatantly disregarded by industries. In other words, the court reaffirmed that right to clean environment is an important facet of the right to life. In RLE Kendra Dehradun v. State of Uttar Pradesh, the apex court declared that right to life includes ‘the right of the people to live in the healthy environment with minimal disturbance of ecology and without avoidable hazard to them and to their cattle, home and agriculture land and undue affection of air, water and environment’. Also, the Supreme Court, in Andhra Pradesh Pollution Control Board v. MV Naydu, has put forward the view that matters relating to environment are of equal significance with those of human rights. In its own words: Environmental concerns arising in this court under Article 32 or under Article 136 or under Article 226 in the High Courts are in our view, of equal importance as Human Rights Concerns. In fact, both are to be traced to Article 21 which deals with fundamental right to life and liberty. While environmental aspect concern ‘life’, human right aspect concern liberty. Principles of Common Law In 1980, the Supreme Court held that clean civic life is the right of the inhabitants who reside within the municipal area. In Municipality Ratlam v. Vardichand, the petitioner, a municipal council, filed an appeal against the direction of the magistrate under section 133 of the Code of Criminal Procedure, 1973. The judicial magistrate, on application by the people of the area passed certain directions against the civic corporate body to bring cleanliness within the municipal area, as it had been polluted by open drains, human excreta, in absence of proper sanitation, and discharges from alcohol factories. The High Court affirmed the directions issued. Thereafter, the civil corporation filed a Special Leave Petition before the Supreme Court on the ground that the magistrate had no powers to pass order against the municipality. The Supreme Court took a very serious note of the miserable condition of the municipal area which posed health hazards for the people. Additionally the discharges from the alcohol plant overflowed the open drains making the condition more miserable. The Supreme Court issued certain directions, in addition to the magisterial directions, and fixed the time limit within which those were to be implemented. The significant contribution of this judgment, from the point of view of environmental criminal law was that, if any officer of the corporation failed to discharge his duties, then he could be punished under section 188 of the Indian Penal Code, 1860. Subsequently, in Ram Baj Shing v. Babulal, the Allahabad High Court tried to read atmospheric pollution within the broad spectrum of private nuisance, and issued permanent injunction against the polluting brick-grinding factory. The court enumerated that the dust emitting from a grinding machine factory created public hazards and injured the health of individual members of the society. ‘Any act would amount to private nuisance which caused injury, discomfort or annoyance to a person. ’ PIL with Reference to Environment Protection Since the last decade, PIL has played a unique role by which people belonging to different walks of life and especially the down trodden are getting social justice from the Supreme Court as well as the High Courts. The PIL is now recognized as an effective instrument of social change. It is because of this new strategic of pro bono litigation that the poor and the down trodden have been able to seek justice from courts. As a result of this development, a spate of environmental cases has been brought before the courts through public interest litigation. They have been filed either by individuals, voluntary organization or by letter/petitions sent to judges. In the following passages an attempt is being made to examine some of the leading judicial pronouncements on the point. i. Delhi Gas Leak case M. C. Mehta v. Union of India, popularily known as Delhi Gas Leak or Oleum Gas Leak Case, is the historic one in the field of environmental justice. The Supreme Court besides laying down substantial principles of law, embarked upon some important questions of law and policy which need to be answered. The Supreme Court laid down two important principles of law; First, the power of the Supreme Court to grant remedial relief for a proved infringement of a fundamental right (in this case Article 21) includes the power to award compensation, albeit in exceptional cases. Thus, the court not only widened the scope of the Article 21 by including in it protection of environment but also included a liability in tort for those harmed others by pollution. Second, the judgment opened a new frontier in the Indian jurisprudence by introducing a new â€Å"no fault† liability standard (absolute liability) for industries engaged in hazardous activities which has brought about radical changes in the liability and compensation laws in India. The new standard makes hazardous industries absolutely liable for the harm resulting from its activities. It is a standard which on its terms, admits of no defences. The case is significant from other points. The court further expanded the scope of â€Å"epistolary jurisdiction† when it reiterated that â€Å"a public spirited individual or a social action group acting pro bono public would suffice to ignite the jurisdiction of this court† and that hyper technical approach that defeated the ends of justice was inappropriate in PIL cases. ii. The Ganga Pollution Case The Ganga pollution cases are the most important water pollution cases in India to date. The brief facts being, in 1985, M. C. Mehta, an activist advocate and social worker, by way of a public interest litigation, filed a writ petition under Article 32 of the Constitution inter alia, for the issue of a writ/order/direction in the nature of mandamus, directing Kanpur Municipality to restrain itself from discharging waste water into the river Ganga, and governmental authorities and the tanneries at Jajmau near Kanp ur to stop polluting the river with sewage and trade effluents till such time that they put up necessary treatment plants for treating these effluents. The court in Mehta case I made order against the tanneries, while in Mehta case II ruled against municipalities and other governmental authorities. In Mehta case I, the court realizing the importance of water of the river Ganga in particular, and concerned over the continuing pollution of it by the industries and municipal wastes, reminded the conviction of environmental protection as enshrined in the directive principle in Article 48-A of the Constitution which provides that state shall endeavour to protect and improve environment and to safeguard the forests and the wildlife of the country. Article 51-A which imposes a fundamental duty on the citizens to protect and improve the natural environment. The court also invoked the Water Act as an indication of the importance of the prevention and control of water pollution. The court emphasized that notwithstanding the comprehensive provisions contained in the Water Act the state boards had not taken effective steps to prevent the discharge of effluents in the river Ganga. The court ruled that the fact, as was asserted on behalf of the some of the tanneries, that the effluents were not directly discharged into the river but first discharged in to the municipal sewers, did not absolve them from being proceeded against under the provisions of the law in force, since ultimately the effluents reach the river Ganga from Municipal Sewers. The ourt also invoked Environment (Protection) Act, 1986 as further indication of the importance of prevention and control of water pollution and noted that not much has been done even under the Act by the Central Government to stop the grave public nuisance caused by the tanneries at Jajmau, Kanpur. Mehta Case II related to the action taken against Kanpur Municipality and other Government entities for their failure to prevent waste water flowing to the river Ganga as was asserted in the original petition by the petitioner. Accordingly the Supreme Court directed Kanpur Nagar Mahapalika to: a. Complete the works to improve sewerage system within the target dates mentioned in the counter affidavits and not to delay the completion of those works beyond those dates. b. Take action against the dairies for either removing the waste accumulated near the dairies or to get them shifted to a place outside the city. c. Take immediate steps to increase the size of the sewers and wherever sewerage line is not yet constructed, to get it constructed. d. To construct sufficient number of latrines and urinals for the use of poor people in order to prevent defecation by them on open land. . The practice of throwing corpse and semi burnt corpses be brought to an end immediately. The Municipality and Police should take step to ensure that dead bodies or half burnt bodies are not thrown into the river Ganga. The remarkable thing about this judgment is that thought, it was a case against Kanpur Nagar Mahapalika but the court directed that this will apply mutatis mutandis to all other Mahapalikas and Municipalities which have jurisdiction over the areas through which the river Ganga flows and accordingly directed to send the copy of judgment to all municipalities. ii. Dehradun Quarrying Case Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh, or Dehradun Valley Litigation as it is commonly known, is one of the most complex environmental case handled by the Supreme Court. It is the first momentous decision of the apex court wherein it was required to balance environmental and ecological integrity against industrial demands on forest resources. The main question before the Supreme Court for consideration was whether the mine lessees could be allowed to mine quarrying operations. In its order of 12 March, 1985, the Supreme Court, after considering the recommendations of the Bhargava Committee, ordered immediate closure of most dangerous mines and those falling within Mussoorie city’s board limits. The court finds that due to working of lime stone quarries there is imbalance to ecology or hazard to healthy environment, then in that case the court will order their closure. The court thus impliedly recognized right to a wholesome environment as implicit in Article 21 of the Constitution. iv. Calcutta Taj Hotel Case Sachidanand Pandey v. State of West Bengal, is an important town planning case which in categorical terms reiterates the court’s duty to protect environment. In this case, the Government of West Bengal gave on lease to the Taj Group, four acres of land belonging to the Calcutta Zoological Garden for the construction of a five star hotel. This garden was located in Alipore, the heart of Calcutta. It was this giving away of the land that w as challenged by a PIL petition, filed originally in the Calcutta High Court by two citizens of Calcutta-one the secretary of the Union of Workmen of the Zoological Garden and the other, a life member of the zoo. The Calcutta High Court upheld the lease in favour of the hoteliers. In appeal the Supreme Court held that ecological balance shall be maintained by the court in spite of the fact that such duty imposed on the government is merely a directive principle of state policy under Part IV of the constitution. The court further held: â€Å"Whenever a problem of ecology is brought before the court, the court is bound to bear in mind Article 48-A of the Constitution and Article 51A(g). When the court is called upon to give effect to the Directives Principles and fundamental duty, the court is not to shrug its shoulders and say that priorities are a matter of policy and so it is a matter for the policy-making authority. The least that the court may do is to examine whether appropriate considerations are borne in mind and irrelevancies are excluded. In appropriate cases the court may go further, but how much further must depend on the circumstances of the case. In view of the above approach the court adopting a liberal approach in favour of the development held that the Government has acted perfectly bonafidely in granting the lease and its action was not against the interests of the zoo or migrant birds visiting the zoo. On the contrary as the proposed hotel is a garden hotel there is every chance of the ecology and environment being improved as a result of planting of numerous trees around the premises and removal of the burial ground and dumping ground for rubbish . Conclusion Thus, the Supreme Court of India had taken into account the right to a healthy environment along with the right to sustainable development and balanced them. This concept of right to a healthy environment and sustainable development are the fundamental human rights implicit in the right to life, which has been constructed as such in many countries. The entire judicial construction by the Supreme Court and the High Courts also reveal the humanitarian approach to these environmental laws with the help of public interest litigations. The Indian Supreme Court was the first to develop the concept of right to healthy environment as a part of life under Article 21 of our constitution. This principle is now been adopted and followed in various other countries now. Suggestions In this paper the researcher wants to recommends the following suggestions. 1)The problem can be very well addressed to masses with the help of clinical environmental education, as there will be specialized treatment to sensitize people about environmental problems. Moreover, innovative minds can come out with very real solutions. 2)There should be separation of funds for issues related to environmental protection and international financial institutions should leap forward to take care of nation. 3)Governments of the nation should make provisions for environmental protection officers, those who should have the power to accept grievances against the public authorities who are not responding to legislative policies of environment protection. )The judiciary should go for dialogic activism i. e. through judgments it should enter a dialogue with several agencies of states to implement the agenda of environmental protection. 5)There should be an environmental census i. e. a questionnaire should be made about the general awareness on environmental protection and to distribute it to the people which would be helpful in the collection of data on prevailing conditions.

Friday, August 30, 2019

A Position Paper on the Philippines and the Road to Millennium Development Goals

In February 2012, President Aquino has reiterated the Philippines’ commitment to achieve the Millennium Development Goals in 2015, and vowed to work double time in order to fulfill the different targets under the MDGs with only 4 years left (â€Å"Aquino:PHL†¦ †, 2012). The Millennium Development Goals, or MDGs, is an effort launched by the United Nations in order to improve the living conditions in different nations, by seeking to battle different social and economic problems such as hunger, poverty, violence, and other deprivations.Signed upon by all 193 UN member states in September 2000, the Millennium Development Goals comprise eight (8) development goals that each member-constituent must fulfill in 15 years, which is in 2015. The goals are: (1) eradicating extreme poverty and hunger, (2) achieving universal primary education, (3) promoting gender equality and empowering women, (4) reducing child mortality, (5) improving maternal health, (6) combatting HIV/AID S, malaria and other diseases, (7) ensuring environmental sustainability, (8) developing a global partnership for development. UNDP website, retrieved August 2012. ) Aside from the perennial problems of battling poverty and eradicating different epidemics, the 5th goal, improving maternal health, remains an underlooked but equally pressing concern in the country. In a 2011 report by the Department of Health (â€Å"Philippines ranks 48†¦ †, 2010) , not only has the Philippines failed to improve the maternal mortality ratio (MMR), but the figure of mothers dying during childbirth has even ballooned, from 162 deaths in 100,000 live births in 2009, to 221 deaths in 100,000 live births in 2011.The statistics is definitely alarming, especially when compared to the figures of other nations such as 110 in Thailand, 62 in Malaysia and 14 in Singapore, all in 100,000 live births. The target that we have to reach is 55-60 deaths per 100,000 live births, which is a far cry from wher e the Philippines stands now. According to the report from the United Nations, the causes of maternal death in the country are hemorrhage, sepsis, obstructed labour, hypertensive disorders in pregnancy, and complications of unsafe abortion, most of which are preventable with proper diagnosis and intervention (â€Å"Philippines†¦ , 2010). Department of Health Secretary Enrique Ona expressed the same sentiment when he explained that maternal deaths could be easily prevented with â€Å"effective family planning services, antenatal care, and access to health facilities capable of handling complications† (â€Å"RH Bill key to attaining MDG – Sec Ona†, 2012). These figures should definitely be a cause for alarm. More women actually die of complications each year, which not only stalls our progress in lowering the MMR in the country, but ultimately makes any hopes of fulfilling it much bleaker.The worsening state of maternal care in the Philippines is very tellin g of our healthcare system, and how ill-equipped it is to address a long-standing problem. The call for improvement in maternal health is not an arbitrary cause. In fact, the achievement of this goal is essential in order to fufill the other targets such as poverty reduction, hunger, and promoting gender equality. Ameliorating the plight of maternal health does not only mean improving the quality of life of newborns and their respective families, but by also giving mothers informed choices.Maternal care, after all, does not begin and end with pregnancy and childbirth; it also includes taking into account the responsibility of conceiving life. Hence, as it has always been established, efficient and effective family planning is the main solution. As reiterated earlier, it is also important to note that family planning also entails the power of allowing women to make informed choices. Empowering women to decide whether or not to reproduce based on given facts would help a large deal in keeping them at bay from potential health risks, as well as rearing of children whom they are not able to provide their needs for.The ability for health facilities to care for those mothers with complications, as well as the widespread training of more midwives to better assist in childbirth is something that the government is lagging behind to deliver. In order to impose an urgency to provide better facilities and more skilled professionals, a carefully-structured and comprehensive legislative framework is in order to be able to more effectively address the reproductive health services the Filipinos need.The Responsible Parenthood, Reproductive Health and Population and Development Act Bill, or House Bill 4244 is an example of an effort to bring RH services to the Filipino people. One of the bill’s mandates is to centralize the local government units to provide easy access to care and treatment for reproductive health, and make family planning supplies available for regular purchase at drugstores and hospitals. Moreover, the bill would also allow the deployment of more midwives in different regions in order to attend to more deliveries.Especially important is the access to information for couples and individuals alike to adopt family planning, and the education on reproductive health. (HB 4244, 2011). Responsible parenthood and informed choices are key in the house bill. The bill would also spearhead a maternal death review, in order to better understand past trends in maternal mortality and to determine how to improve these conditions. Ensuring the passing of the bill is the best effort that the country can hope for in order to create significant progress in the improvement of maternal health.However, given the time we have left, it is still unlikely that we would reach the actual target specified in the MDGs. Still, the enactment of the RH bill can promise significant change in the predicament of maternal care. Unless the government would concentrat e on concrete legislative solution such as HB 4244, the 2015 goal for maternal health remains hopeless and the future of of mothers, uncertain. Sources: The Responsible Parenthood, Reproductive Health, and Population and Development Act of 2011, H. B. 4244, 15th Cong. 1st Sess. (2011). Ng, Jennifer. (2012, February 12). ‘Aquino: PHL to achieve MDGs in 4 years’. Business Mirror. Retrieved from http://businessmirror. com. ph/home/top-news/23195-aquino-phl-to-achieve-mdgs-in-4-years? tmpl=component&print=1&layout=default&page= Philippine Obstetrical and Gynecological Society. (n. d. ) Philippines ranks #48 in Maternal Mortality. Retrieved from http://www. pogsinc. org/v2/index. php/component/content/article/10/58-philippines-ranks–48-in-maternal-mortality Alave, Kristine. (2012, June 18).

Thursday, August 29, 2019

Discuss the possible reasons for higher mortality and morbidity rates among the working classes

DISCUSS THE POSSIBLE REASONS FOR HIGHER MORTALITY AND MORBIDITY RATES AMONG THE WORKING CLASSES. It has been acknowledged since the 19th Century that class relates to inequality. This essay will explore this area in more detail, considering the various explanations given for these differences. The most widely accepted, recent study of health inequalities and social class was the Black Report of 1980, which gathered information relating to the Standardised Mortality Rates (SMR) for different social classes in Britain, based on the Registrar General's categorization according to occupation The Black Report was clear in its conclusion: ‘In the case of adults between the ages of 15 and 64, for virtually all causes of death there is a consistent inverse relationship between social class and mortality. That is, the higher the social class group, the lower its SMR, and conversely the lower the social class group, the higher its SMR. ‘ (Black Report, 1980) The report also came up with four possible explanations: statistical artefact ( the differences reflect the differences in methodologies used in measurement of SMR and morbidity rates); social selection (the differences are because healthier people rise up through the social classes leaving the sick or disabled at the bottom); cultural explanations (the lower social classes lead unhealthier lifestyles than the higher classes, leading to more illness and earlier deaths); and materialistic explanations (economic differences within society lead directly and indirectly to poorer health and increased death rates within the lower classes). Since the Black Report was published, the government commissioned another report into health inequalities, published in 1998, the Acheson Report. This showed that not only had inequalities continued since 1980, but the relative differences between classes I and V had increased even further. For example, in 1970 the mortality rate for men in class V was twice that of those in class I; in the 1990s it had increased to three times as high. (In 1998 there were less people in class V than in 1970, so to try to account for this, Acheson combined the top two classes and the bottom two. However this still showed that in the 1970s a person in classes IV & V had a 53% higher chance of death than one in classes I & II, rising to 68% by 1990). Measures of morbidity showed the same differences- among the age group 45- 64 in the 1990s, 17% of men in classes I & II complained of a limiting long standing illness, compared with 48% of men from classes IV & V. Similar differences applied to women. So the Black Report, alongside many other studies, identifies a clear statistical link between social class and mortality and morbidity rates. However this link has been questioned by certain researchers, and the artefact theory presented as an explanation. One such is Illsley (1987) who criticised the Black Report for concentrating on the relative inequalities of social class rather than on the general improvements in the health of the population as a whole. He argued that although relative differences between the classes were increasing, the number of people affected by these differences was small, due to the size of the lowest classes reducing. For example, during the period of statistical collation, the number of people in class V fell from 12. % of the population to 8. 4%, and class I increased from 1. 8% to 5%. These criticisms were addressed by the combining of the two lowest and highest groups in the Acheson Report, but a gap was still apparent. It has also been claimed that occupations stated upon death certificates were wrongly categorized, thereby making the statistics inaccurate. Le Grand (1985) examined individual death certificates, and found smaller differences between the classes than Pamuk (1985) who collated the existing statistical evidence. The second explanation given for the inequalities identified by the two reports is social selection i. e. that social class status is related to an individual's health status. For example, healthy people are more likely to have a higher social status than those who are sick/ disabled because they can work harder and are therefore more likely to be promoted. (Illsley, 1987). Wadsworth (1986) supports this view, finding that males who suffered childhood illness experience more downward mobility than those who had healthy childhoods. Other researchers have argued that the opposite is in fact true, however: that those from poorer backgrounds face a wealth of economic, social and employment factors that contribute to ill health. Therefore they say that class position shapes health, and not vice versa. The third explanation is that of culture, and says that the lower classes engage in more unhealthy lifestyles: smoking, eating more fatty and sugary foods, and drinking more. All lead to higher morbidity levels and earlier deaths (HMSO, 1999). Blame for these statistics is therefore laid firmly at the individual's door, or with the social environment in which they live, and educational programmes are advocated. However critics argue that these behaviours are a rational response to the circumstances in which people live. For example, Graham & Blackburn (1993) found that mothers on Income Support smoke because they have lower ‘psycho-social' health than the general population, and smoking provides a very real form of relief for them. It may be the only thing that they do for themselves in a day filled with childcare responsibilities, and may also be an economic necessity, in that the nicotine abates hunger so that food is not as necessary. A further explanation given for the class inequalities in health is the materialistic explanation, which traces the main influences on health to the structures of society and conditions of life for its members. The theory doesn't deny the effects of an individual's behaviour, but blames the way society is organised- certain groups are systematically disadvantaged so that they inevitably experience ill health. This theory's roots can be traced back to the late 19th century, when Engels (1974) concluded that ill health was the result of the capitalist pursuit of profit, resulting in dangerous jobs for the workers, long hours and poor pay. Exponents of this explanation argue that the poor diet eaten by many of the lower classes is not due to personal choice, but an inability to afford healthy food. Lobstein (1995) compared prices of foodstuffs in different areas of London in 1988 and 1995. He found that healthy food was priced more cheaply in affluent areas, whereas unhealthy food was cheaper in poorer areas. Healthy food may now be priced more cheaply at the out of town supermarkets that are common, but as Wrigley (1998) argues, it is still unavailable to those with no car. With higher transport costs to reach the supermarket, they are then left with less money to buy the food that is available. It has been calculated that 15% of all early deaths are due to a poor diet, but Doyal & Pennell (1979) also support the view that this is not the individual's fault, arguing that manufacturers produce poor quality food, filled with harmful chemicals and salt, sugar and fat, which in turn leads to obesity and heart disease. Another fact upon which most people agree is that housing is related to health. It is well accepted by most that damp, cold rooms contribute to respiratory diseases and overcrowding can lead to stress and psychological problems. Thomson et al (2001) comment that many studies show an improvement in health when efforts are made to improve housing. Another material factor in ill health is unemployment- men in manual occupations who have a limiting long-standing illness are more likely to be unemployed than men in higher classes with the same conditions. It has been stated that the relative risk of mortality in a middle aged man who is unemployed is double that after five years than that of one who has not been unemployed. (Morris et al, 1994). Finally,another possible reason for the higher SMR and morbidity rates among the working classes could be to do with access to healthcare, neatly put by Tudor-Hart's Inverse Care Law (1971): ‘the availability of good medical care tends to vary inversely with the need for it in the population served'. Other studies have found fewer doctors practicing in areas of greater need, usually where the population is of a lower social class (Appleby & Deeming, 2001). It has also been suggested that doctors in these areas give less good service, based on the amount of surgical referrals made for certain conditions e. g. hernias, gallstones, when compared with the amount of consultations made by patients (Chaturvedi & Ben-Shlomo, 1995) and often once a referral has been made a patient from a deprived area will be given lower priority and therefore wait longer for surgery than one from a better-off area (Pell et al, 2000). In conclusion, it has been shown that vast inequalities in health status, and also in health care provision, exist between the social classes, even in modern Britain, despite the popular conception of a ‘classless society'. Despite improvements in medical knowledge, nutrition, housing, sanitation, employment conditions and the health services, people of a lower social class are still more likely to die before they reach one year of age, and, if they reach that milestone, are three times more likely to die before the age of 64 than somebody in a higher social class. Various explanations for these facts have been put forward, and criticised, but the theory that seems to have most support from the research available is that of the materialists. This links with the social model of health, which is gradually becoming more widely accepted. It will take huge effort on behalf of a government to reduce, and eventually eradicate, the inequalities in health experienced by those in the lowest social classes within Britain today, but that is not to say it is impossible given consistent and committed effort.

Wednesday, August 28, 2019

Understanding persuasive speeches Assignment Example | Topics and Well Written Essays - 250 words

Understanding persuasive speeches - Assignment Example Fernandez delivery to convince the audience of his ideas. He conclusively establishes trust and influences the audience using evidence and proof to back up his claims. Persuasively, he presents the audience with new ideas, shaping their beliefs, values, and attitudes, causing them to consider his team eventually, an idea that they were not so enthusiastic about initially. The speaker, Fernandez, employs pathos in his delivery, revealing the challenges he encountered while relocating to study in the US. The strategy is in a bid to appeal and relate sympathetically to other students who might have had similar experiences. In his well-organized sequential presentation, he applies repetition and humor to foster emphasis of crucial points on a light note. He employs hand gestures effectively to aid his visual part of the delivery. The main points are well articulated. The introduction is inherent with humor, creating a light moment in revealing himself to the crowd. In the conclusion, he relates with the audience`s approval of him presenting his entire team to the stage. The speakers tone is bold and sympathetic with varied volume to reflect the magnitudes of the issues he addresses. Citations are relayed in revelation of challenges he encountered in his relocation. The quality of the delivery is exceptional according to the standards of persuasive speech. Fernandez speech is effective in recalling the initial subject matter and systematically presenting himself as viable

Pathophysiology and pharmacology Assignment Example | Topics and Well Written Essays - 1750 words

Pathophysiology and pharmacology - Assignment Example Impairment of these mechanisms results in pneumonia. It may also occur when the resistance of the host is lowered. Congestive Heart Failure arises when the heart is unable to circulate enough blood to meet the body’s metabolic demands. Heart failure is caused by damage or overloading of the myocardium (Hosenpud & Greenberg, 1994). It is, therefore, associated with systolic or diastolic overloading and with myocardial weakness. Various conditions cause heart failure. Such conditions include hypertension, myocardial infarction, and amyloidosis. Overtime physiologic stress on the myocardium causes the contractility of the muscle to reduce and cardiac output declines. However, venous input to the ventricle remains constant or increases and is responsible for cardiac overload. There is also increased heart rate, hypertrophy and enlargement of the ventricles. Tuberculosis is a highly infectious disease that infects one-third of the world population. It is often fatal killing about three million people yearly. It usually caused by Mycobacterium tuberculosis transmitted by inhalation of infective droplets and Mycobacterium bovis transmitted by milk from infected cows. The primary phase of M. tuberculosis infection starts with inhalation in the lower segment and middle lobes of the lung (DYER, 2010). Alveolar macrophages then phagocytize the mycobacterium and transported it to hilar lymph nodes. However, naà ¯ve macrophages are unable to kill the Mycobacterium that lyses the cell upon multiplication. Other macrophages are infected, and dissemination through the blood to other parts of the body occurs. The active disease years later, Reactivation TB, results from the proliferation of dormant Mycobacterium seeded during the primary phase. Peptic ulcer disease is the breach of the gastrointestinal tract mucosal layer. There are two forms of PUD;

Tuesday, August 27, 2019

Letter to the editor Essay Example | Topics and Well Written Essays - 500 words - 4

Letter to the editor - Essay Example A leader should use synergy to relate to staff. Synergy is created by promoting self-management in the team. The team members should not be pushed to work but, instead they should have a collective responsibility. They should work under minimal supervisions and instructions. Each member should be committed to work without crossing each other’s path. They should learn to coexist with others and work together. The synergy enhances collective responsibility and this enables the team members to work in harmony. It also ensures everybody gets included in the decision making process of the team. The employees should be encouraged to share and offer advice to each other. Team members ought to be encouraged to try and experiment new ideas will help in the innovativeness of the team. The leader should create platforms for accountability and responsibility to ensure every team member has a role to play as this will minimize conflicts. A team leader should ensure there is communication in the team to avoid conflicts. He should offer supportive and open environment for free sharing of ideas and information. This can be ensured by convening frequent meetings and encouraging every member to be open. Every member should communicate and share the challenges he faces in their respective duties. The leader should find time with the individual team members, so that he gets informed on the challenges in the team. The leader should encourage collective responsibility in problem solving. This will encourage members to be united irrespective of their culture differences. Communication is a key factor to success as it enables the effective linking and coordination among the team members. When the members get well coordinated the team is rigid and purpose driven. It will also enhance respectful relations among the team members and reduce the level of conflicts in the organization. To manage conflicts a leader has to assign

Monday, August 26, 2019

HR- Grievance and disciplinary Essay Example | Topics and Well Written Essays - 750 words

HR- Grievance and disciplinary - Essay Example The two cases display the picture of what can happen in the real-life contract termination. There can be conflicts among the both parties which can potentially cost millions of pounds to the employer despite his efforts to prevent any breakdown in relationship with the workers and making sure that sanity surrounds the workplace and work environment. The best practice in employee termination is to give an employee proper warnings and compensation on his dismissal. Air Bus has rightly given the warning to Mr. Jones on his wasting time on work. He repeated his misconduct and one can say that Airbus was fair dismissing Mr. Jones. However, on the flipside of it there was no mention of any compensation paid to Mr. Jones. It has become an important norm for large employers like Airbus to pay around three month’s salaries to its employees in case of a dismissal. This would help the outgoing worker to sustain his family for the period for which he remains unemployed. However, there was no such mention of this kind of compensation payment in the case of Airbus and hence Mr. Jones can claim this compensation from the code. Although the law only asks for a lump sump payment, but the industry usually pays around three month’s salary and that should be paid to Mr. Jones. It was right on the part of Airbus to dismiss Mr. Jones a fter he was given second warning for wasting time on work. Although Mr. Jones insisted that the first warning has expired and hence Airbus Ltd cannot fire him. The law on the other hand would approve this firing because it was the second time Mr. Jones has made the same mistake and Airbus was right to penalize him. Hence, the only obligation on Airbus is to follow the market’s best practice and should compensate Mr. Jones for his services to the firm. The second case tells us about a strained relationship between the Chief Executive and Board of

Sunday, August 25, 2019

Research proposal on network optimization Essay Example | Topics and Well Written Essays - 500 words

Research proposal on network optimization - Essay Example Data centers support and provide a variety of application services to the end-users such as cloud computing, grid application, video streaming, video gaming and many others services by providing platform that support all major hardware and soft ware.2 Data centers are located on different parts of a network. Thus the decisions on regulation and management of the application services and network play a big role in influencing outcomes of the application performance and state of the network. Most companies currently make application decisions with insufficient or no information regarding the underlying network that relay those services.3 Hence the maximum benefits of services and network utilization may not be reaped. This paper proposes a study program into cross stratum application with emphasis on the challenges and opportunities made available by the data center based applications and the communication networks. Based on the cross stratum optimization opportunities presented by the interactions between the data center based application services, this research project will be mainly on the following key opportunities: first, enhanced optimization of application and network resources. Additionally, rapid reaction to the fast transforming demands. Lastly, quality of application experience enhancement through proper usage of the existing resources. This project will involve qualitative research involving all essentials parties in CSO i.e. application provider, data center provider, network provider and end-user. The study will involve the following: first, the survey of the different ‘trust’ relationships that are exhibited between the various stakeholders in the application and the network stratum. Secondly, survey of the cloud based applications to compare their impact on network infrastructure. Thirdly, evaluation of the key interfaces their functionality and how they relate to the current standards and potential future standards. More

Saturday, August 24, 2019

Flight deck interface Assignment Example | Topics and Well Written Essays - 500 words

Flight deck interface - Assignment Example The main point of concern is the viability of the respective individuals to use the new technologies effectively. For example, the voice recognition system serves as an extra pilot in the cockpit. However, the pilot may be distracted while trying to remember what a certain command means. The Federal Aviation Administration (FAA) considers the new technologies as a mandate rather than choice (Croft, 2011). The revolution in flight deck technology is laden with benefits and potential hazards that bring agreement and conflict between avionics manufacturers and the federal authorities. The benefits of the human-machine interactions enhance tactical operations towards the â€Å"no accident policy† from FAA (Croft, 2011). The voice recognition technology ensures that the pilot â€Å"does not have to take hands off the control wheel.† In addition, new technologies aim at reducing the clutter in the Primary Flight Display that displays too much information. Such unnecessary information can be confusing to the pilot. Avionics manufacturers assure the FAA that there is prototyping of a flight path marker, a technology that ensures only the information relevant to a specific phase of flight is displayed. Players in the avionics industry are certain that new technologies that enhance flight deck human-machine interaction are geared towards implementing the â€Å"no accident policy† by enhancing compatibility between the pilots and the cockpit technology. There exist potential hazards to the flight deck technologies that aim to enhance human-machine interaction. Avionics manufacturers raise issues regarding the manner in which humans troubleshoot and maintain the systems (Noyes, 2012). The human-machine interaction is limited to persistent design errors and the safety-critical applications for a particular system. In addition, it may be difficult to distinguish the roles of the hardware and software system from those of the human operator. Imbalances in

Friday, August 23, 2019

The Artist Marcel Duchamp Essay Example | Topics and Well Written Essays - 1250 words

The Artist Marcel Duchamp - Essay Example The essay "The Artist Marcel Duchamp" states the Marcel Duchamp, his art, and life. He began to learn artistic processes here, and Duchamp later remarked that his teacher believed the then contemporary impressionist style were debased and sought to instruct only traditional techniques; as a result, Duchamp’s primary influence became his family. During this formative period Duchamp was predominantly influenced by academic style of art including the post-impressionist and symbolist schools. When Duchamp turned 17 he moved to Paris to pursue a career as an artist. He was immediately influenced by the prevailing artistic trend of cubism and much of his early work reflects these influences; Duchamp’s work, however, reflects more eccentric personal images and psychology than most of the established cubist art. In 1912 Duchamp completed one of his most renowned works, ‘Nude Descending a Staircase, No. 2’. While the painting incorporates traditional cubist elements of shifting perspectives, its cryptic title and focus on the movement of the object have led many critics to identify it as a monumental work. Like much great art, the painting was derided upon its release. The work was originally supposed to be exhibited in Paris, but the curator asked Duchamp to change the title to which he refused. When it was finally exhibited in a 1913 New York exhibition the painting was even termed, â€Å"an explosion in a shingle factory. The painting is almost ironically referring to the Renaissance ‘nude’ in its title.

Thursday, August 22, 2019

Library System Essay Example for Free

Library System Essay I. Introduction Freeman Dyson has said, â€Å"Technology is a gift of God, after the gift of life; it is perhaps the greatest of God’s gift. It is the monitor civilizations of arts and sciences†. With technology, they can get things done precisely, efficiently and fast. Wireless communication devices keep you connected wherever you go. These things were developed due to greater inventions and creativity of their designers. But on the other hand, there are still places or institutions that have a slow growth of development when it comes to advancement of technology. And one of these that caught the proponent’s attention is the library. Years ago, every library used paper based catalogs for finding books, but when the computers made it to the market, the libraries started to get digital. They were able to search through the library catalog in second to find a certain book (or any other reference materials that can be borrowed) and make all these items public for computer and web search. Kapitolyo High School Library is using a system wherein recording and compiling data are done manually which results to slow transaction of borrowing and returning of books. The library has a thousand number of books and students that leads the librarian to take too much time and effort to record all the details of the borrowers and also the reference materials one-by-one, checks and update the record of the books and make a report for the library using a piece of paper. The borrower’s also needs to wait for their turn to borrow books as reference materials for their notes and/or assignments and one problem in this situation is the students’ waste more time in finding the books because there are instances that the book they need is not available. Having a manual system, they have the problem in keeping the records because some are loss or damage and some are missing. The information are not properly organized which leads to lack of security and there are redundancies in recording the details of the books. As more libraries move towards providing services in digital environment, the improved access to remote library collection is making the use of electronic information resource more realistic and more attractive. Traditional  online services had transformed themselves into internet based online services using web based technologies. The proponents proposed a system entitled Web Based Library System to help the students and/or visitors of Kapitolyo High School Library to search a reference materials quick and easily, to know the information of the book in one click and to have an easily way to borrow and return a book. Web based library is a library in which collections are stored in digital formats and accessible by computers. The system features web based transaction for borrowing and returning of books and it compute the penalty of the students if they didn’t return the book on time; OPAC (Online Public Access Cataloging) for the students and/or visitors to search and to know the information and availability of the book they want and a reservation system for students only; Mapping system to find the location of the books easily; The system also features the reports for the library to lessen the librarians tasks; And it has maintenance for user levels, book. The system will also solve the problem in data redundancy, inaccurate and erroneous report, difficulty in borrowing and returning of books. A well organized library collection provides easily access and retrieval of materials. The system is highly acceptable because of being creative, user-friendly and efficient for the user by easy generating of card catalogue, records of books and the borrowers. Operational efficiency, time utilization and accuracy were optimized. II. Theoretical Framework Designing of database Designing of interface Coding the system Debugging the system Testing the system  Revision of documentation and the system Software Requirement * PHP * XAMPP * Notepad * VB. Net * Operating System Hardware Requirement * At least Pentium 4 or higher * At least 512mb or higher RAM * 80gb HDD Knowledge Requirement * Database * Security * Internet * Web Browser Web Based Library System for Kapitloyo High School INPUT PROCESSOUTPUT Evaluation Figure 1 IPO of Web Based Library System for Kapitolyo High School III. Statement of the Problem General Problem: How will the system helps to develop the transaction of borrowing and returning of books in Kapitlyo High School? Specific Problems: * How will the system help the students and/or visitors to search a book in an easy way? * How will the system help the students reserve a book or reference materials? * How will the system help the librarian to monitor the books and make a report for the library? IV. Objectives of the Study General Objective: To develop a web based library system that will help the students and also the librarian to have an easy way borrowing and returning of books in the library. Specific Objectives: * To develop an online library also known as OPAC (Online Public Access Catalog) that will help the students and/or visitors to search a book easily. * To develop an online reservation for the students to help them reserve a book they want as reference material even if they are at home. * To make a database that will help the librarian monitor the books and make reports for the library. V. Scope and Limitations The scope of the study covers: * Web based transaction of borrowing and returning of books. * OPAC (Online Public Access Catalog) – the students search for a book and it will show the information of the book and its availability. * Online Reservations (for students only). * Mapping of books (location of the book). * Computes the penalty of overdue books. * Reports for the library. * Maintenance for the Users, Books, Author, Subject and Location. The study is limited by: * Showing the contents of the books in web. VI. Significance of the Study This study gives importance to the people or things that may involve on it. These are the significance of the study that may help the people behind the said system. LIBRARIANThe librarian can monitor the books in the library and make a reports for the library. STUDENTSThe students can borrow and return a book easily. Using OPAC, they can search a book they want easily and quickly. VISITORSThe visitors can search a book in OPAC and can borrow a book for library use only. SCHOOLThe school can have a convenient transaction between the librarian and the borrower. PROPONENTSThe proponents gain more knowledge in programming skills that may use in developing other system. VII. Definition of Terms BorrowingTo take a book in the libaray temporarily with the intention of returning it CatalogingComplete and alphabetically list of books in the library with their description published as printed document or as a electronic document on internet. DatabaseAn organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality, in a way that supports processes requiring this information. Information RetrievalThe area of the study concerned with searching for documents, for information within the documents. ISBN (International Standard Book Number) is a unique number assigned to a book title by its publisher for tracking and ordering purposes. LibraryA library is a large collection of books, and can refer to the place in which the collection is housed. Today, the term can refer to any collection, including digital sources, resources, and services. The collections can be of print, audio, and visual materials in numerous formats including maps, prints, documents, microform (microfilm / microfiche), CDs, cassettes,videotapes, DVDs, video games, e-books, audio books and many other electronic resources MicroformsAny forms, either films/paper, containing micro production of documents for transmission, storage, reading and printing. ReturningTo return a borrowed book in the library. User-friendlyThe ease of use and learn ability of a human-made object. The object of use can be a software application, website, book, tool, machine, process, or anything a human interacts with. Web basedA web application is an application that is accessed over a network such as the Internet or an intranet . The term may also mean a computer software application that is coded in a browser-supported language (such as JavaScript, combined with a browser-rendered markup language like HTML) and reliant on a common web browser to render the application executable.

Wednesday, August 21, 2019

Good to Great - by Jim Collins Essay Example for Free

Good to Great by Jim Collins Essay I found my reading of Good To Great by Jim Collins very informative and even entertaining. It is interesting to me his concepts and perceptions and how although when you read them they seem rather elementary and obvious, Mr. Collins is indeed an outside the box thinker/writer and it is because of his ease of explaining his concepts that the message simply comes across as easy. The main idea that is presented in this book is that â€Å"Good is the Enemy of Great. † At first glance I had to re-read the statement to make sure I understood it correctly. My immediate response was to understand it as all too often people, and business decision makers, have a simple goal of being good at what they do. Mr. Collins and his research team were able to whittle that idea down to a handful of concepts that although many have the perception are good, but don’t clarify their exact goals of greatness. The first concept of Good To Great was Level 5 Leadership. Companies may have great product, great sales, great marketing, etc. but what makes them better than Good? What makes takes them to the Great level? Their Leadership. During the research of this book Mr.  Collins and his team identified multiple characteristics these leaders had that lead their company above and beyond just the Good status. Of these the common factor I understood was that of humility and giving credit to his surrounding personnel. Keeping the focus off of â€Å"look what I did† but rather keeping the focus off them, but at the same time taking responsibility for the mistakes of the company as a whole that they were in charge of looking after. These personalities also showed a great level of commitment and loyalty to their companies and tended to have been promoted from within. Thus having a firm understanding of the culture of the company and knowing a long term goal of the company. Secondly the book introduced the concept of â€Å"First Who, Then What†. I related this concept to the phrase â€Å"Trimming The Fat†. Great leaders realize that if you’re only as good as your support, than you better get the right support in the right places. The Level 5 Leader would have to find those that could lead as well. If you have the right thinkers and decision makers in the right positions, then the â€Å"what† could be figured out. By having the right decision makers from the get go then the goal was already on its way to Great. By doing so you are training your supports to eventually be capable to take your place and instilling a long term succession of the company’s goals for great. The next concept given was Confront the Brutal Facts With Unwavering Faith. Expanding on having placed the right â€Å"Who† where it was most beneficial, it is equally important to stay focused no matter the difficult time. The chapter focused on sticking to your guns, having faith in your company, and seeing the obstacle though. This again focused on loyalty to the company. As time goes on and the tough time regains it’s momentum back into the right direction, Problem solving starts with asking the right questions. It’s more proactive to take control of our future than being reactive and leaving the destiny up to chance. Companies that were able to make it through the ups and downs of success on their way to Great. Another aspect was for these decision makers to be honest with them and be willing a capable of confronting the hard questions that perhaps they didn’t want the answer to. But, faced the brutal facts head on. Fourth is the â€Å"Hedgehog Concept†. This was probably my favorite concept and I think will be the most important lesson I will take and use in my career path. The comparison was stated, â€Å"The fox knows many things, but the hedgehog knows one big thing†. I think all too often it gets confused that if you’re in charge and making decisions you have to be the most knowledgeable person in that area. Remember though, especially in the totality of the emphasis of this book, you are not alone. In the chapter, Mr. Collins worded his idea this way, â€Å"The Hedgehog Concept is a turning point in the journey from good to great. It typically takes the right people willing to address the brutal facts over an extended period of time to get to the deep understanding of a Hedgehog Concept. What a great statement. It shows the level of determination, loyalty, and staying focused that you realize your true One thing. Then you expand on that One thing. It will set you apart from the field and past the Good threshold into the level of Great! â€Å"Culture of Discipline† was the next concept. One again focusing on hard work and staying focused on your goal of surpassing into the Great realm and not just staying there but forever raising the bar. Mr. Collins focused on the idea the in this sense discipline as a system. It involves the company in it’s entirety and making sure the companies â€Å"culture is filled with people committed to discipline in keeping to the standards. Each of these concepts builds on the one before it and this one is no different. Staying true to his â€Å"Hedgehog Concept† Mr. Collins also introduces his â€Å"Three Circles† concept. By focusing on keeping a Discipline in the company, it will help keep those involved with their eye on the prize of being able to find that one thing to be great at and to stay on top. Technology Accelerator was the idea to not let technology become a crutch of sorts. Technology is like any other tool and if used properly it will assist you in your success and getting here faster or with ease. Again, building on the concept before it also emphasizes to stay with your Hedgehog circles and keeping focused on them. Technology will not make you the best or most disciplined. It is a tool and should be used to accelerate your momentum into the right direction of your company’s goals, not be the creator of the momentum. Lastly â€Å"Flywheel and Doom Loop† was used to follow up. It’s a focus on being able to identify any and all aspects that take you away from the previous concepts. You should always be looking for ways to improve and stay ahead of the pack. The world of business is ever changing which keeps the bar separating Good from Great ever moving as well. Complacency is a â€Å"Good† trait. Having a system of check and balance working together with a cleaning house mentality will help to keep your company above that bar.

Negligence Project Manager In Construction Industry

Negligence Project Manager In Construction Industry CHAPTER 2 LITERATURE REVIEW 2.1 Negligence of project manager in construction industry Construction industry is one of the contributors to economic development of the country. It is consists of many parties involved having different background and expertise in projects. Project manager as a leader of the project plays important role in managing project. However, as a human being, people could not run away from make a mistake or negligence in performing a task or responsible. Negligence of project manager would be discussed in giving the best performance of project manager by learning the past mistake. 2.2 Definition of negligence Negligence done by project manager is where project manager does not carry out duty of care to other parties and as a result, the other parties suffer losses, damages and others because of that negligence. Negligence also can be determined as misconduct (or malpractice) of professionals fail in carrying out their tasks efficiently. As referred to MC Nair Judges in Bolam v. Friern Hospital Management Committee, negligence in law means a failure to do some act which a reasonable man in the circumstances would do, or the doing of some act which a reasonable man in the circumstances would not do; and if that failure or the doing of that act results in injury, then there is a cause of action. Willick (1986) stated that Malpractice is an application of negligence law by which liability is usually imposed, not when professionals fail to achieve certain results, but when they fail to exercise due diligence and reasonable care in their practices. Hingun M. and Wan Azlan Ahmad (1998) stated that the word negligence can be used in three principal senses which are: 1. First, it could refer to a persons mental element, his negligence as to the possible effects of his conduct 2. Secondly, it may refer to the quality of a persons conduct that he is negligent in doing something such as crossing the road or driving his car, or in failing to do something such as to accompany his small child in a place that may turn out to have objects that could cause injury to that child. In this sense the word negligence indicates the standard or quality of the conduct. 3. Thirdly, the word refers to a branch of tort law which imposes a certain standard of care on people in certain circumstances: this means that they are under an obligation not to conduct themselves below the standard, and if they do, they are liable in law to compensate the person who has suffered as a consequence of their careless act. As what been stated in the case Donoghue v Stevenson [1932], Not every careless act or fault on the part of a professional gives rise to liability in negligence, even where damage is sustained by another as a result. Negligence also can be defined as the failure to use reasonable care. It also could be the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances1. Negligence is a legal cause of damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such damage, so it can reasonably be said that if not for the negligence, the loss, injury or damage would not have occurred. Negligence is also might be a legal cause of damage even though it operates in combination with the act of another, a natural cause, or some other cause if the other cause occurs at the same time as the negligence and if the negligence contributes substantially to producing such damage.2 Furthermore, generally a party who has caused an injury or loss to another in consequence of his negligence is responsible for all the consequences. An example of this may be found in the case of a person who drives a car during a dark night on the wrong side of the road and injures another.3 _______________________________________________________________________ 1 http://www.lectlaw.com Aaron Larson (2003) stated that in general terms, negligence is the failure to use ordinary care through either an act or omission. That is, negligence occurs when: Somebody does not exercise the amount of care that a reasonably careful person would use under the circumstances; or Somebody does something that a reasonably careful person would not do under the circumstances.4 Negligence is often defined as consisting of a breach of duty. That is wrong. The duty in such a case can be defined only as a duty to use care, i.e., not to act negligently; and to define the duty so, and then to define negligence as consisting of a breach of the duty, is to define in a circle. The misconception has arisen from a failure to distinguish between a negligent wrong, which, like all wrongs, involves a breach of duty, and the negligence itself, which is one element in the wrong.5 4 http://www.expertlaw.com/library/personal_injury/negligence.html 5 29 Harv. L. Rev. 40 (1915-1916) Negligence; Terry, Henry T. 2.3 Element of Liability As a project manager, he or she responsible in managing project successfully and have liability towards the project. Liability of project manager such as planning, leading, controlling, organizing, co-coordinating available resources (i.e. people or material) and others in order to make the project completed efficiently. Project manager can not be easily being judge in doing negligent in the construction project. There are some requirement that had been stated in some books on element of liability where in order one party to be judge as breach of contract or negligent in the project, plaintiff must show or prove that the defendant (project manager) done something wrong or make mistake in conducting their duties. Hussin A.A. (2006) stated that there are four elements of negligence. The plaintiff in an action for negligence must show: 1. That the defendant owed him a duty of care 2. Considering the first of these elements, it is necessary to decide whether in the particular circumstances one person (the defendant) owed a duty of care to the other (plaintiff). 3. That there was a breach of that duty 4. That recoverable damage was thereby caused. Sweet J. (2000) had stated the elements of negligence by saying that to justify a conclusion that the defendant was negligent, the plaintiff must establish the following: 1. The defendant owed a duty to the plaintiff to conform o a certain standard of conduct in order to protect the plaintiff against unreasonable risk of harm. 2. The defendant did not conform to the standard required 3. A reasonably close causal connection existed between the conduct of the defendant and the injury to the plaintiff. 4. The defendant invaded a legally protected interest of the plaintiff. Finola OFarrell Q.C. stated that in order to establish a claim in negligence, it is necessary for a claimant to satisfy the following requirements: 1. The existence in law of a duty of care 2. Behaviour that falls below the standard of care imposed by law 3. A causal connection between the defendants conduct and the damage 4. Damage falling within the scope of the duty Aaron Larson (2003) listed four elements of a negligence action. A typical formula for evaluating negligence requires that a plaintiff prove the following four factors by a preponderance of the evidence: 1. The defendant owed a duty to the plaintiff (or a duty to the general public, including the plaintiff); 2. The defendant violated that duty; 3. As a result of the defendants violation of that duty, the plaintiff suffered injury; and 4. The injury was a reasonably foreseeable consequence of the defendants action or inaction. 2.4 Types of negligence Hussin A. A. (2006) stated Negligence of professional can be divided into two which are negligence in giving statement (misstatement) or Negligence caused erroneous statement and Negligence in the performance of duties (in addition to advice). As referred to the statement above, there are two types of negligence. Negligence caused erroneous statement can be determined as negligence made by project manager regarding their wrong statement given to the any other parties in construction project. Negligence in the performance of duties (in addition to advice) including check the site, design, prepare budgets, prepare bills of quantity, selecting contractors, using the terms of the contract, comply with the law and practice, administer contracts, oversee the work, provide work instructions, and review work to make recommendations (work and progress payments). Project manager can be said negligent in the performance of duties because they not they are not comply their duties and carrying out the task properly such as not selecting the best contractors, not administer the contracts efficiently and others. There are several examples of negligence that can be categorized under Negligence caused erroneous statement and Negligence in the performance of duties. 2.4.1 Negligence in giving advice There is one case where project managers may be found negligent in performing their task such as failed to advise their clients about inappropriate construction materials. In that case, project manager is not really failed to advice their client because they do advice their client verbally but not record it in writing. However, project manager has obliged his obligation or duties to give advice and warn his client but it is also clients obligation to take into consideration advice given by project manager. There is the case: Pride Valley Foods v Hall and Partners In case Pride Valley Foods v Hall and Partners which had been occurred in June 2001 is about Pride Valley who intended to expand their small company specializing in baking pitta and nan breads. Pride Valley decided to build a factory for expanding their business in County Durham which is located in the North East of England. Pride Valley had been advised by their financial backers to approach Hall Partners as Pride Valley had no experience in design and build contract and also in construction. Hall Partners had been engaged by Pride Valley as their project managers for the construction of a factory in Country Durham. Hall Partners is a well-known local firm of quantity surveyors and estate agents. The issue is Pride Valley wanted keep costs down and Hall Partners proposed to Pride Valley to use expanded polystyrene panels as partitioning. Hall Partners had informed to Pride Valley the risk of using expanded polystyrene verbally and not in writing. As a result, expanded polystyrene panels were used as partitioning was destroying the factory. As stated by Molloy J.B. (YEAR) expert evidence agreed that the fire had developed at the bottom of a flue serving the pitta bread line due to a build up of cooking deposits in the flue, and spread to the expanded polystyrene wall panels which rapidly spread the fire through the entire building with such force that it was too dangerous for fire-fighters to even enter the building in order to put the fire out. Pride Valley decided to sue Hall Partners for the consequences. Hall Partners had been blamed by Pride Valley because of failing to discharge project managers duty of care and also to warn them. Hall Partners maintained that they had given advice verbally with Pride Valley. But, the court held that Hall Partners had failed to give appropriate advice to Pride Valley as project managers. Although Hall Partners had given advice verbally, the judge did not consider it because they failed to record it in writing. However, the judge rejected Pride Valleys claim because the court further held that Pride Valley would not have taken Hall Partners advice if it had been given whereas merely focused on the cheapest cost of the building by using expanded polystyrene that given risk. Patten B.(2003) stated project managers role in concerned with supervision and co-ordination and however there are also a project manager that failed to control particular aspects of the costs, failed to ensure that other construction professionals had access to correct information or failed to prevent another construction professional from making an important error. Furthermore, Patten B. (2003) shows that there is contributory negligence of project manager to the project. One case had been stated where project manager failed to warn his client regarding the special panels. Special panels which client intends to use were not suitable because of highly combustible and the chance of fire spreading throughout the building is high. Hence, court decided to reduce the damages that need to be recovered by the claimant and also the loss caused by the fire will be covered 50 percent by the project manager. It is because, project manager is the person who did not take reasonable actions in preventing the loss happen because of fire and project manager plays an important in coordinating and supervising the project. Blame on project manager regarding this case would give bad impression to professional performance in construction industry by parties involved in the project. Supposedly, as project manager, they should avoid this negligence by discussing clien ts requirement first and take reasonable steps in preventing bad things happen in site. Project manager acts to coordinating the works and supervise the progress of work. Project manager owed duty of care to review the programme and ensure that the project on programme by using reasonable endeavors. There are two cases had been discussed by Patten B. (2003) which is Chesham Properties Ltd v. Bucknall Austin Project Management Services Ltd and Royal Brompton Hospital NHS Trust v. Hammond and others. 2.4.2 Negligence in performing his duty of care Project manager holding big responsibilities in making project successfully completed. However, as a human being there are some of responsibilities that project manager does not realize on it. There is a case regarding this issue: (a) Pozzolanic Lytag Ltd v Bryan Hobson Associates (1998) This case involved in construction of a dome. Bryan Hobson Associates (BHA) is an engineer that being engaged as project manager by Pozzolanic Lytag. BHAs were responsible to the design and construction of storage facilities for pulverised fuel ash. That is project manager responsible to successfully complete the project. As the construction completed, the works designed by the Contractor collapsed and there is no-one had taken out the required insurance. Insurance is very important in order to protect the product of construction at the end of the project and also important during the construction stage. However, insurance should be taken out in order to protect construction product even after the construction completed for certain period. In this case, BHA had been blamed by Pozzolanic Lytag because of failure in ensuring the insurance was in place and insurance also must be updated for certain period. However, BHA said that they did not know that it was their job to check on the in surance and they did not know anything about insurance. As project manager, they should take note their obligation or duty of care towards clients interest although they were not expert in several aspects. However, that is the challenges that project manager are going faced on. Hence, the court found out that project managers did not relieve their responsibility although they lacked the expertise regarding insurances. As what been judged by court, project manager should be able to find out the way they carry themselves in handling this kind of problems. Although that kind of thing is not project managers expertise but it is still under project managers responsibility to look into those aspects. (b) Chesham Properties Ltd v Bucknall Austin Project Management Services (1996) In this case, Bucknall Austin had been appointed as project manager by property developer which is Chesham Properties. Chesham Properties involved in a scheme to develop a site known as Royal Court House in Cadogan Place, London. This issue of case was the contractor was given an extension of time where it supposedly not be granted to contractor. Contractor had been awarded extensions of time just because to cover up the failings by the professional team. The project also had overrun in cost and time. Chesham Properties found out that Bucknall Austin was breached the contract and also negligent in performing their duties. Furthermore, Chesham also argued that there should be an implied terms to Bucknall Austin as a project manager where the deficiency of works might affect or contribute to defects in the work, increase costs or delay completion. Hence, as a project managers duty was to warn Chesham regarding the deficiencies in the performance of parties involved. Besides, as a project manager he had an obligation to inform Chesham Properties. As a result, the developer sued the whole professional team. The court also found out that project manager was under a duty of care to report to the developer on deficiencies in the performance of the rest of the professional team and project manager was negligent in failing to do so. The judge was of the view that: The Project Manager was plainly under a duty, on the true construction of the contract in such terms and made in such context, to report to the plaintiff on deficiencies in performance on the part of its co-defendants. In this case, project manager owed a duty of care to inform employer regarding the deficiencies in the work of the other professionals. 2.4.3 Negligence in supervision or inspection According to R.M. Jackson and J.L. Powell (1992), the architect or engineer in general necessary inspects the construction building properly either before or during construction of a structure. As a project manager that having background either architect or engineer or quantity surveyor must be able to do inspection or supervision efficiently. In book written by Hussin A.A.(2006), there are statement by R.J. Kemelfield where architects, engineers or contractors may be held liable for losses incurred by the client if they failed to inspect building sites with the right methods. These include inspection when work is being undertaken especially during the excavation work was completed. There is one case regarding engineers negligence in their duties. This case is between Moneypenny vs. Hartland where in that case, an engineer had been found negligent for failing to examine the form of land that will accommodate the basic construction of a bridge which can be called as foundation of the bridge. Consequences of this failure, he has made assessment of the costs that are too low for construction. This case is about engineers fault because he or she does not examine the form of land effectively. As what we can interpret from this case was engineer makes a mistake because in examining the form of land is actually can be classified under engineers liability in construction project. Hence, engineer can be said as negligence in the performance of duties and not comply duty of care and their liability as a professional. However, in case Columbus Co. vs. Clowes is about an architect has been found negligent for failing to assess and measure a site. He just depends on what was told to him by third parties. Consequently he has been drawing plans and specifications based on dimensions smaller than the actual dimensions of the site. This is another case that involve architect as professional in construction project. In this case, architect failed in carrying out their task which is fails in assessing and measuring a site. Basically, as referred to this case, architect was found guilty and negligent because they do not do their job effectively and only referring to the third party to get information to draw the plains and specification. It shows that, architect that involved in that project do make any effort to get information and not carrying out their task earnestly. As what been discussed above, it shows that engineer, architect and any other professional were found guilty in carrying their task. As a professional, they are the person who can take responsibility in being project manager. As they failed to perform their duties, they might face the problem once they being a project manager. However, it can be done by studying project management before they come into project manager world. It can reduce the probability to give high risk in negligence during the construction project or after the project completed. There are other cases that relates to inadequate supervision which are: Jameson v. Simon Leicester Guardians v. Trollope Clay v. A.J. Crump Sons Ltd. (a) Jameson v. Simon Regarding on this case, architect was held negligent in failing to inspect work efficiently. In order to certify that the work had been executed according to the contract, supervision by architect required. However, in this case architect failed to inspect the bottoming of the cement floor of a house either before or at the time the floor was laid. The bottoming was subsequently found to consist of waste material and to be the cause of dry rot. There was an evidence to show that architect had done his supervision by visiting site in average once a week. Architect also had given as much supervision and inspection as it was customary to give according to the practice of architects. But that practice was insufficient to absolve the architect for failure to inspect so important a part of the work. (b) Leicester Guardians v. Trollope Regarding on this case, by referring to Jackson and Powell (1992) stated that architect was held negligent in failing to supervise the laying of concrete. He had contended that it was for the clerk of works to supervise it. Channel J. rejected the contention, considering that the laying of the concrete was a very important matter since a large area had to be covered. He continued if the architect had taken steps to see that the first block was all right, and had then told the clerk of works that the work in the others was to be carried out in the same way. I would have been inclined to hold that the architect had done his duty, but in fact he did nothing to see that the design was complied with. In my view this was not a matter of detail which could be left with the clerk of works. (c) Clay v. A.J. Crump Sons Ltd This case is about architect was requested by the employer to consider whether it was safe to leave standing a wall which subsequently collapsed. Architects duty to the employer may require him to consider and advice upon the need for precautions. (Jackson Powell,1992). Architect as a project manager also has duty to warn any probabilities for problem to come out in order to protect employers interest and successfully completed. 2.4.4 Negligence in selecting contractors Jackson and Powell (1992) stated one point of negligence which is failure to take reasonable steps in selecting contractors. The exercise of reasonable care and skill may require an architect to make reasonable enquiries as to the solvency and capabilities of contractors including nominated sub-contractors in circumstances where he is responsible for their recommendation. An architect was held negligent in failing to put the work of converting a house out to competitive tender in Hutchinson v. Harris. Similarly he should take care when examining the amounts of quotations, not to accept rates which are unreasonable in the circumstances. Valerie Pratt vs. George J. Hill Associated. There is one case about the negligence in giving recommendation or can be said as wrong statement given by professional. That case is Valerie Pratt vs. George J. Hill Associated. This case involves the architect who advised his client that one contractor company is very reliable in performing construction work and based on advice (recommendations) given by architect, the contractor has been appointed by his client. However, then the contractor can not be trusted and work performance by that contractor is very bad. The court found that the architect had violated his duties (duties) to advice, that he was doing wrong statement to his client. In this case, the architect liable in giving advises to the client to choose the committed contractor to complete the job properly. However, architect that act as project manager need to advises the client and recommend the client the best contractor to complete the job but in this case, architect had been judge as doing wrong statement by giving bad recommendation to the client. Architect should investigate the background of the contractor in order to carrying out the task given and not simply choose the contractor by not knowing their experience in construction industry. As a result, project manager need to blame on this matter because they owed the duty of care to the client and not performing their duty efficiently. There is another case where architect or engineer owes a duty of care and have liability for materials in project. As what James M. F. (2002) stated in his book, if the materials selected by the employer without reference to the architect or engineer then the only duty imposed upon the architect or engineer is a duty to warn of any defects in the materials known to him. 2.4.5 Negligence in advising on the suitable contract As a project manager, it is an obligation of project manager in considering the terms of contract and chooses the best contract for client. The exercise of reasonable care and skill may require the architect to advise the employer to reject a particular form of contract or a particular term if disadvantageous to the employers interests, or to refuse to nominate a particular sub-contractor unless he is prepared to guarantee or warrant to the employer the quality or fitness of certain work and materials. (Jackson and Powell, 1992) 2.4.6 Negligence in administering building contract As what been stated by Jackson and Powell (1992), there is a case which is Wilks v. Thingoe (Suffolk) R.D.C. where an architect was held negligent. It is because architect was negligence in having embarked on a course of extravagant expenditure without his employers authority. The position of the architect under the JCT Standard Form of Building contract (1963 edition, July 1971 revision) was recently considered, mainly from the standpoint of its contractual consequences as between employer and contractor, in London Borough of Merton v. Stanley Hugh Leach Ltd. Vinelott J. stated: under the standard conditions the architect acts as the servant or agent of the building owner in supplying the contractor with the necessary drawings, instructions, levels and the like and in supervising the progress of the work and in ensuring that it is properly carried out. He will of course normally though not invariably have been responsible for the design of the work To the extent that the architect performs these duties the building owner contracts with the contractor that the architect will perform them with reasonable diligence and with reasonable skill and care. The contract also, confers on the architect discretionary powers which he must exercise with due regard to the interests of the contractor and the building owner. The building owner does not undertake that the architect will exercise his discretionary powers reasonably; he undertakes that although the architect may be engaged or employed by him will leave him free to exercise his discretions fairly and without imp roper interference by him. 2.2 The Causes of Project Managers Negligence Project managers negligence in construction must leave impacts once it happened against project whether towards the project or parties involved such as workers. However, the causes of project managers negligence will be find out in order to prevent any other project manager from repeating same mistakes in future. As a project manager, they are the best person chosen by client to handle the project successfully. They have capability and expertise in conducting a project is the reasons why client had high expectation towards project manager. However, project manager is different between each other. They studied project management but having different background, experience, level of capability, attitude and etc that bringing different way or style in handling the project. Tunner and Muller (2006) have also shown that a project managers success at managing his or her project is dependent on their competence, particularly their leadership style comprising emotional intelligence, management focus and intellect. As what Badawy M. K. (1988) stated where project manager requires a high degree of flexibility and adaptability, aggressiveness, persuasiveness, superb communication skills, an ability to deal with conflict and to function well within a highly ambiguous environment and ill-defined organizational relationships. This is not easy task because project managers task is a complex one. Furthermore, he also stated that the primary problems of project management are not technical because they are human. It follows that the ratio of project success as well as efficiency and effectiveness of resources utilization will be significantly enhanced if management can do a better job in recruiting, selecting, training, and developing managerial skills of project managers. The causes of project failure can be numerous. However, the core reason for project failure usually is not limited resources but incompetent project managers. Projects fail because managers fail. Project Managers negligence comes from the project managers itself. Project manager have responsibilities in carrying out the task and ensure all the works being completed efficiently. In order to make the projects flow smoothly, project managers must have ability in solving the problems during the construction stage and well-trained in project management. Poor project manager will overemphasis of technical skills as prerequisite for selection to project management positions as what been stated by Badawy M. K. (1988). In managing the projects, it is not only on technical skills as what statement given. It is about soft skills that project manager had in order to deal with people in construction project. If project manager failed to deal with parties involved in the construction project, the probabilities of project managers negligence is higher. As project manager, they need high interpersonal skills and superb communication skills in being a good project manager. These skills are important to avoid project managers negligence in construction project such as miscommunication in giving instruction and others. Lack of communication also is one of the causes of project managers negligence as communication is very important in conducting, directing, organizing and etc to make the instruction or information were clearly given and understood. 1. Inappropriate advice There is another cause of project managers negligence in construction which is failed to advice his client in appropriate way. There is the case where project manager is wrongdoer because has advise their client without record it in writing. This case clearly shown the caus

Tuesday, August 20, 2019

Preschool Education in The United States Essay example -- Education

Preschool programs began in the United States during the first quarter of the twentieth century. In 1925, the first public preschool began in Chicago at Franklin School. After the 1970’s the popularity of preschool increased since women were entering the workforce and people believed that children needed early preparation before they attended elementary school. Barbara Wiler, Ph.D., deputy executive director of the NAEYC says, â€Å"Good Preschools provide children with rich experiences that give them skills, information, and attitudes that prepare them for the primary grades and for life. † (WKRLIP, P1) Preschool isn’t like kindergarten. It’s a stepping-stone that will prepare young students for the years of schooling they will have later in life. The NAEYC Accreditation was made to help families find the best care for their children. It provides the early childhood education field with a convincing outcome and ensures the quality in children’s daily experiences. Early Childhood Education plays a key role in academic development in children because they learn soft skills, job skills, and are personality fixed by age 4. Soft skills include paying attention, focusing, being curious, open to new experiences and controlling your temper. These skills are important in getting a job. It can help children become more self motivated and open minded. As they grow older it will benefit them because they will be willing to take risks, be able to retain information that they learned and have the urge to experience new things. When they can’t do something right, they will ask and try to fix any imperfections that they once had. These skills are not taught in other areas of schooling. Preschool is the most important grade that p... ...2/139583385/preschool-the-best-job-training-program. Barnett, W. Steven., and Hustedt, Jason T. Preschool: The Most Important Grade. Educational Leadership Apr2003, Vol.60 Issue 7, p54, 4p, 1 Color Photograph. October 31, 2011. http://web.ebscohost.com. Ames, Gillespie., and Haines, Jacqueline., The Gesell Institute’s Child from One to Six: Evaluating the Behavior of the Preschool Child, October 20, 2011. P30,40-41 NAEYC. August 17, 2011. NAEYC Early Childhood Education Program Standards and Accreditation Criteria. P5, 7-8. Personality Development: Age 2-6. September 1, 2011. P1-2. http://www.cliffsnotes.com/study_guide/Personality-Development-Age-26.topicArticleId-26831,articleId-26775.html. What Kids Really Learn in Preschool. Parenting; Fall99 Special issue, Vol. 13 Issue 7, p74, 4p, 3 Color Photographs. October 31, 2011. http://web.ebscohost.com.

Monday, August 19, 2019

Is College Worth The Effort? Essay -- Argumentative Persuasive Essays

Is College Worth The Effort? "College has been a total waste of your time and money!" Imagine telling that to a student who just finished four years of hard, grueling, expensive work; or, even worse, a parent who paid for their child to finish that same grueling work. But, in some ways, that statement can’t be any further from the truth. College can prepare a student for life in so many more ways than for a career. However, in the way that college is supposed to prepare soon-to-be-productive students, that statement could be right on. As a student myself, I’ve found college to be a little bit of both. I often find myself asking, "How will this help me later in life?" But, then again, college gives me more control over my life and where I want it to go. In trying to figure out what exactly made college like this, and whether the way I felt was felt by others as well, I interviewed an Anthropology teacher at Las Positas College, Mr. Toby Coles, and I examined an essay by Caroline Bird called College is a Waste of Time and Money. The two sources offered int eresting views from both side of the spectrum. While interviewing Mr. Coles, I found I tended to agree with him on several of his points. Mr. Coles summed up himself, and how I feel, quite simply: "College gives you options." Unlike high school, you’re not required to fulfill a certain number of units in one year. If you have other plans for your life, you can accommodate those while going to school. But, that applies not only while you’re in college, but also when you get out of college. "Life’s about choices," Mr. Coles continued, "it’s about having choices. You come to critical points in your life where decisions have to be made, hopefully you have some options...[... ...of the basic purposes of education: career preparation." I don’t agree with this at all. I think that college should really be a little of both. Obviously you go to college to get a degree, which starts you in a career, so that’s the career preparation part of it. But, there’s also so much more to college that helps you with later in life. Both views that Caroline Bird and Mr. Toby Coles had on what college does for a student are opposing, but both are interesting. I don’t feel that college has been a waste of my time or money. At least not yet. Works Cited Bird, Caroline. "College is a Waste of Time and Money." The Norton Reader: An Anthology of Expository Prose. 9th ed. Ed. Linda H. Peterson et. al. New York: W.W. Norton & Company, 1996. 481-490. Coles, Flournoy "Toby", Anthropology Teacher, Las Positas College. Personal Interview. 19 April, 1999