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Prisons as often been indicated, are total institutions. They are total in the sense that much of the aspects of an individuals life is out of his or her control. Within prisons, the human life as we know it is subjected to numerous constraints which includes spatial confinement impacting on the freedom of movement. It has often been stated that prisons adversely affect the normal development and growth of individuals as the aging process is normally accelerated. Prisons take physical toll on an individuals body as it has been estimated that an inmate doing any amount of time will look ten years older than their actual age (Cordilia, 1983). However, one certain fact is that prisoners are “doing time”. This is a phrase normally used to refer to the human suffering characteristic of individuals and their life within the confines of the prison. Statistical evidence show that correctional officers suffer from all types of conditions related with stress due to their conditions and state within the prisons. Such include serious alcohol abuse, depression, heart attacks, hypertension and ulcers.
According to Silverman and Vega (1996), an individual’s life expectancy is reduced by more than eighty percent when serving any amount of years in the prison. This points towards prisons being “hard” places where human life as we understand it is reduced to something indescribable. As much as prisons are meant to deter crimes, more often that not, they emerge as schools of crime. An individual after serving his or her sentences emerges into the society with a new set of skills which ultimately threatens the society even more. Most individuals found guilty of various crimes go in as petty and sometimes as non-violent offenders only to come out as different individuals exhibiting violence and serious tendencies.
It has been noticed that serious and violent crimes are committed a specific group of individuals known as seven seventy theory where seventy percent of crimes are committed by seven percent of offenders (Wolfgang et. al. 1792). Within three years of their release, two thirds of individuals released from prison will be back. Could it be that the prisons may not be doing enough to model prisoners so they may be integrated in the society or are the prisons better places to be for some people? The latter is unlikely since the conditions within prisons are deplorable. How then does the prisons serve their purpose and how can they be reformed. In order to answer the question, it is imperative to look at what it means to serve a sentence in prison.
Within the prison system, there are sets of codes that govern life within the prisons. There are the official general administrative rules and regulation, codes which govern convicts, the color line and rules set by gangs which are often referred to as gang membership rules (Hackett, et. al. 1986). The official rules are the acceptable codes within the prisons. That is, they are the dos and the don’ts. The convict codes on the other hand are the perceived description of what or how a good or perfect convict should be. Color line seem invisible but one is bound to notice it especially when specific races dominate various turf areas. Gang codes are underground outlines for enterprises run by criminals. All these tend to shape the prison system and any attempt at reforms must focus on these codes and how they affect individuals who have been incarcerated.
It cannot be denied that the condition of prisoners are affected by these codes which govern the relationship among the subjects within the confines of prison. As such, various aspects like health, violence, death and infections can be attributed to how the system handles the outbreak of such things as stated in the prison laws (Johnson, 1996). For instance, there are some administrative laws which may negatively impact on the wellbeing of prisoners, or there may be policies which may impact negatively on correctional officers. Beyond these internal factors, there are some measures which may result in prisons being overcrowded. Coupled with the rules which exist within the prisons, overcrowding may facilitate the spread of diseases within the prison.
Of all the problems which characterize prison life, diseases and violence are the most dreaded (Sykes, 1958). However, the structure of the prisons may determine how such occurrences are treated so that they do not result in catastrophes. The existence of codes within the prison system which seem to govern the conduct of both inmates and correctional officers should be one of the major focus of reforms. For instance, convict codes do not actually prohibit violence, rape or killing other inmates. The ultimate tool of control within the prisons being segregation where an inmate is confined for a given period of time, an individual may be exposed to various dangers which may result in harm (Toch, 1977). As much as inmates are considered to be social outcasts, there still exist some inalienable rights which they possess. Such includes the right to life.
For prisons to effectively perform their functions, there is need for serious reforms. An individual’s inalienable rights are affected when they are exposed to conditions which make them vulnerable to diseases, violence and a general stare of disorder. Such are the prison conditions. With overcrowding, there is bound to be numerous problems which culminates into what can be termed as human rights abuse both by fellow inmates and prison officers. Overcrowding also means that diseases can easily spread which has a consequence of endangering the lives of the inmates. Hard criminals are also bound to take advantage of newly imprisoned individuals. As such, prison reforms must address how such groups are differentiated so as to avoid such eventualities as rapes and murders.
As much as prison reforms may be focussed on the inmates, the work of correctional officers should not be overlooked. There are instances when inmates attack correctional officers leading to serious situations hence making their jobs to be difficult. With this regard, prison reforms should also look at ensuring ways of guaranteeing the safety of the correctional officers since they are bound to be harmed by hardcore criminals and gangs. Since an inmate cannot be tried twice, there is an element of immunity to the judicial system which may lead them to hurt correctional officers with impunity. Active measures must be taken to ensure that correctional officers are ascertained safety within the scope of their practice since they are the people solely responsible for ensuring that criminals remain where they belong.
Much of prison reforms have focussed in improving the condition of prisoners by introducing in one way or another some form of entertainment. As much as these may be necessary, the main focus of reforms should be to ensure that released convicts do not pose any threat to the society after completing their term. Contrary to most reforms, prisons should not be turned into holiday camps for prisoners as this is bound to have an effect on the rate of crime. Any serious prison reform instead should focus on the condition of prisoners in terms of basic facilities like beds and adequate meals so that the inmates’ lives may not be threatened by diseases resulting from overcrowding and poor sanitary. As such, prison reforms must be far fetched so as to encompass the prison environment in totality.
A way through which inmates and correctional officers can better cooperate so that the prison conditions can be improved should also be the focus of reforms. However, there is often a struggle which exists between the inmates and the correctional officers (Braswell et. al, 1994). As such, there is often some elements of animosity between the convicts and the inmates. This animosity at times become so severe that is is expressed violently. This makes it virtually impossible for meaningful reforms to be achieved since, beside those reforms that need adjusting facilities, enforcing rules become a tragedy.
Since it is possible that convicts can come out of prisons and still be productive members of the society, there is need to equip them with knowledge which will guarantee their survival when their terms end. Such knowledge should guide them in dropping the criminal mindset that they have developed so as not to end up in prisons again. This may not be as easy but with good cooperation between the education sector and the prisons department, some inmates may further their academic dreams while still serving their sentences. This is however not easily achievable because the society is often suspicious of individuals who have a history of crime. Even with exceptional skills, the society is bound to distrust released convicts.
However, there are those convicts whose desire is to once again integrate into the society and join their family members while performing productive duties. The government together with the prison’s department should collaborate to ensure that such individuals do not waste their lives in prison perfecting the art of crime. Every convict who has completed his or her time should be guided through active reforms within the prisons that ensures that they do not find themselves resorting to crime as a means of sustainance especially for those criminals involved with robbery, burglary and theft. Educational programs have been successful in curbing the tendency of released inmates to commit crimes. Inmates who successfully completed a high school diploma or GED are less likely to commit crimes after release than those who have not attained similar education. As such, education for the inmates should also be the focus of serious reforms.
A major setback for such education programs is that few inmates can access them. Only five percent of the inmate population can access these educative and rehabilitation programs which is a very small percentage as compared to those that these programs are meant. The main challenge for any reforms targeting prisons is not only how to guarantee the wellbeing of prisoners when they are inside the prisons but also how to integrate them in the society after their terms are over without posing any threat to the society.
Any meaningful prison reforms should focus on prisons as a means of achieving an end and not as an end in itself (Goldstein et. al. 1989). For example, prisons should focus on how to ensure that once a person has been declared unfit to live with others within the society, they should be modeled to acquire the skills of avoiding to engage in criminal acts and thus extend the good virtues which the society seek to further as criminality is just a state of mind which can also be altered just like other states of mind.
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Monitoring the future or what is called the (MTF) long term research that covers the American adolescent people, students, and adults up to 45 years of age. This study was started in 1975, where the University of Michigan carries out by the study. Frequent assessment and reassessment is required on the substance use by American young people. Some of the drugs like smoking, drinking together with illicit drug use were leading in the number of deaths since mid-1960s.
Study design & methods are going to be discussed in this paper, as well as the overview of key findings, to look at the way forward for this problem in the US youths.
Study Design and Methods
Surveys are carried out annually, in both the public and private high schools in the US are done in monitoring the future. The survey was done on the 8th, 10th and 12th graders. The year 2007 was the 33rd survey done for the 12th graders. On the same year, the 8th and 10th graders had their 17th survey too, t determine the usage of the drugs.
In 2007, this is how the samples were: 8th graders 16,500; 10th graders 16,400; 12th graders 15,100.
403 secondary schools were represented, and 48,000 students participated. Each level is issued with multiple questionnaire forms, but all the forms do not cover all the questions, thus they may be fewer than the overall sample size.
Questionnaires are presented to the students in their classes in a certain class time. Students’ parents and guardians usually have the chance to be told in advance about the exercise, where they may refuse for their child/children to participate. It is a voluntary exercise, where the questionnaires are done individually, then formatted ready for optical scanning.
For the 8th graders, their questionnaires were usually anonymous while those ones for the 12th graders is confidential. This is to allow for follow-up surveys later when the students have left high school. Their identity is protected and that of their data too. A review and approval of all the procedures is done annually so that they would comply with the federal procedures for treatment of human matters.
Except for cigarettes and smokeless tobacco, a definite set of 3questions is applied to look at the levels the various drugs are being used. For example, some of the questions asked is on the number of occasions one has used a certain drug, (if any) for instance Marijuana, either in their lifetime, or recently like in the past year, or month. The scale used is between 0 to 40 or more. For the psychotherapeutic drugs, the students are asked to include only the use. For alcohol, they are asked three questions on usage, considering the last two weeks. The questions ask on the perceived risks in using these kind of drugs enumerating their names and the possible risks. Also, disapproval is measured by asking them if they approve the usage of the drug and the amount of usage too. They may approve or disapprove. The perceived availability of these drugs is measured by asking them how easily the drugs are available to them.
Overview of Key Findings
In the recent years, there have emerged cohort effects among the graders. Students from the same grader group together and use the drugs as a group, which may result in reaching the peaks. In the early 1990s, the 8th graders showed improvements in the illicit drug use, then a significant decline in use after 1996. Use of some drugs like marijuana significantly reduced in 2007, only use of ecstasy have shown slight increase.
Drugs Decreasing in Use
Any illicit drug usage has decreased by four out of ten in the 8th graders since 1996. for the 10th and 12th graders, use of drugs has reduced by a quarter and 15% respectively. This reduce in drug taking is noticed in all grades. 8th graders reduced by 19%, the 10th graders by 36%, while the 12th graders by 47%. Usage of marijuana, amphetamines, Ritalin, methamphetamine, and crystal methamphetamine showed decline.
Drugs Holding Steady
Some drugs did not show much change: LSD, cocaine, heroine, sedatives, the club drugs, among others. These drugs showed to be constantly in use.
Drugs Showing Signs of Increased Use.
Ecstasy was reported to be the only drug that usage was high, but was minimal. This was noted in all grades in 2006 and 2007. inhalants too showed some increase in usage.
Over-the-Counter Cough and Cold Medicines
Drugs containing dextromethorphan usually used for cough and cold has being noted to be abused by the students to get high. 4 to 7% of students were reported to have used it in all the grades, especially the 12th graders.
Implications for Prevention
The perceived risks and benefits of a drug is specific to each drug. The problem is that the so called benefits of a drug spread faster than the risks. Every drug is delt with as an individual so you cannot generalize. Once a new drug is discovered, the benefits over look the risks because it takes time to see the negatives.
“Generational forgetting” Helps keep the Epidemic Going.
New drugs like nitrite inhalants in 1970s, keep on emerging while the old one become rediscovered like heroine, cocaine in 1990s. The rediscovering could be because the generation is new and the teenagers have forgotten their consequences since the last time they were in use. These drugs come back in usage by the students, thus a way of reminding them of their consequences should be implemented.
Cigarettes and Alcohol
46% of students in America have smoked before the 12th grade, while 22% are smoking in the same grade. Decrease of smokers has been reported in the past 10-11 years. In 1996, 8th and 10th graders reached its current peak, but by 2006 this had declined by 66 and 54% respectively. The fact that cigarettes were cheap could have contributed greatly to the usage. In 2007, smoking showed no decline in the 10th and 12th grades. Smokeless tobacco was also seen to decline in early 2000s, though seemed not the case for the upper graders.
72% of students have consumed alcohol by the end of high school, with 39% having tried by the 8th grade, and 55% of the 12th graders have ever being drunk. Alcohol usage is reported to have declined compared to the 1980s
Where Are we Now?
The use of illicit drug is high in American young people, with 47% of them having used them by the time they finish high school. 28% have used inhalants by the 8th grade. Nevertheless, 72% of the students finished high school without using the illicit drug, while 58% did not use marijuana.
Johnston D. Lloyd; O’Malley M. Patrick; et.al. Monitoring the future National results on Adolescent drug use: Overview of Key Findings, 2007
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Options pricing theory can be defined as the theory or a model that can be used to calculate the value of an option. However, the most common Theories that have been
used to calculate the fair value of any option include the Binomial approach, the Risk Neutral approach and the Black Scholes pricing theory. Other new methods have also come up that
are easier and improved.
The Black Scholes model
The Black Scholes model can be described as a discrete time theory that shows the movements of asset prices within a certain time period (t).This theory can be applied if the normal distribution is the limiting factor. An assumption is made that there be no jumps in the prices of the assets, the process of pricing being continuous. In addition, this model can also be used in an efficient and a stable market. It has been argued that the BSM model is the most accurate method to price options in the market. This is because it has been relied by many traders for centuries. Using this model, one is able to know when to buy options at the lowest price available in the market and sell them later at a much higher price. It also calculates the expected profits obtained from the sale of the options, after deducting the agent’s commission. When the market is imperfect or incomplete, then the principle of no arbitrage is used to show the option prices that are very weak and cannot be used to price the options.
The BSM model can be applied in equity valuation when:
a) The equity of a firm in financial crises (one that is bankrupt, making losses or is high leveraged) is seen to be a call option and hence the firm can be liquidated.
b) In natural resources companies where, the resources that are not developed are seen as options on the resources.
c) A firm about to begin or a firm with a high growth rate derives most of their value from the rights to a service or a product.
The Binomial option pricing model
The Binomial option pricing method is used when the market is in an efficient and complete condition. This model takes a risk neutral approach to valuation. It also makes an assumption that the prices of securities can either decrease or even increase for a certain interval until the expiration of the option. The model can be used widely because it can be applied in certain situations in which the other models are not applicable. This is mainly due to the reason that it views the option in question for a long period of time, and not at just at a certain point.
It can be used in the valuation of the options that are exercised at many points or those that are exercised at different points. In case more accurate results are needed, the Binomial option pricing model can be used as it is more accurate than all the other methods. It is effective especially for the options that are dated longer or for the securities that have dividend options.
The binomial method is very simple and can therefore be used by just anyone. The fact that it can be installed in software makes it even more users friendly.
Risk neutral option
This method is more general and easier to interpret than the Black Scholes model. It is also more tractable than the capital asset pricing model. If there are, for example, two types of securities, one which is risky and paying dividends and the other is less risky and not paying dividends, we can use the risk neutral option pricing strategy to calculate which of the two securities will bring maximum wealth at the shortest time possible. This method can also be used when it is hard to decide when to price the options, putting into consideration the other factors such as the inflation rate and the market interest rates. If the traders do not want to take big risks or are not sure of the economic conditions of the market, then they can use this method to price the options.
There are other methods that can be used to price the options in the market. Such models include:
a) Roll, Geske and Whaley analytic solution (RGW). This model is used to price calls in American stock markets that pay discrete dividends. It is also relatively fast as it is an analytic solution. This model uses software, making it easier for every person to be able to price options without doing a lot of calculation since all is needed is to fill in the data and wait for the results to be processed.
b) Black’s approximation for American calls.
The RGW formula, being an analytic solution, involves a lot of equation solving processes, making it much slower than the Black approximation model. This model uses the original Black Scholes model, but the difference between the two is that the adjustments to the stock price and the date of expiration are first made to account for the early exercise.
c) Barone-Adesi and Whaley quadratic approximation.
It also involves solving equations like the Roll, Geske and Whaley formula. It is said to be faster than the binomial model, but not as fast as the Blacks approximation model.
In conclusion, we can say that there are basically three methods used in the pricing options in the market: the Black Scholes model, the Binomial options pricing model, and the risk neutral option. However, each can only be used depending on the different situations and factors in the market. Such factors as the inflation rate, the interest rate or even the foreign exchange are important factors to be considered when pricing the options. One should also be careful to use the model that is most friendly to him to avoid any misunderstandings.
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It is appreciable that across the board, there is consensus that there are no documented benefits of pornography. While it remains appreciable that some of the people who practice this vice earn a living from it, and in some countries it is treated as an industry. Overall, the effects of the practice are so negated that it inconceivable comprehending the possibility of its positive effects (Koppel, A, p 1656). Whatever the angle of approach, both the viewer and the person involved, the practice is not only degrading to women but is immoral in the strongest demonical terms possible.
The world is fronting for equality between men and women. However, pornography presents the woman as the lesser equal than men. This is because the material portray women as a mere tool for enjoyment being used by men to satisfy their anterior ends (Marino P, p 346). Besides, women are presented in the material as though they have the least option. Vividly, the women in the materials are presented as earning their living from the practice unlike the men.
Pornographic movies tend to feed the lust of the eyes and that of the flesh (Flood, M, p 396). It is very evident from research that those who make the first attempt to watch such graphics end up craving for more with every day count. Clearly, those exposed seem to yearn to achieve the same sexual high as that displayed in the pornographic graphics. In the final analysis, these acts tend to enslave persons to cravings that are resultant from the watching of this graphics (Koppel, A, p 1666). Further, the act makes people to develop anger, violence, hatred, compulsiveness and envy. Once one is addicted, it is quite hard for the person to do away with the practice unless the individuals are assisted.
The addicts of pornographic material get so attached to the sites such that they will want to explore more from the contents included in the site. At the end, the addict comes into contact with other vices that are related to the pornography. This will include practices such as homosexuality, lesbianism, masochism and bestiality (Flood, M, p 379). In the end, the viewer of these materials may end up practicing either in hidden places or in the open whatever they have just viewed in the video clips.
A sexualized mind is not the best for any individual. It does not only lead to evil perceptions but it also does pervert and warp the minds of the viewer. Pornographic images tend to be stamped in the viewer’s brain such that it leads to persistent release of sex hormones within the individuals system (Marino P, 352). This marks the onset of evil thoughts that would otherwise lead to unethical acts such as rape and bestiality. Besides, it can lead to uncontrolled sex urges that would otherwise lead to irresponsible sex which would be very treacherous.
Pornography tends to silence women (Flood, M, p 398). Women have no room for expressing their views. In addition, pornographic materials tend to impede into the privacy of women. While pornography is an act for two, women seem to be more enfranchised than their male counterparts. Pornography tends to insulate the entire system against pornographic injury, which the act has on women.
Pornography tends to make individuals more eccentric (Koppel, A, p 1637). Research shows that pornographic addicts tend to have extra urge for masturbation than heterosexual sex. This may hamper the individual’s ability to give or receive love. Besides, addiction to pornographic sites is seen as a source of debts creation. Those who are addicted will do anything at the expense of watching pornographic sites.
In showing the perverse nature of pornographic sites, research was carried out on the addicts and it emerged that none would wish their relation to take part in the filming of the pornographic movies. This is sufficient proof that even the filming itself is not ethical in itself. The entire process of filming the pornographic movies does not only reduce the female sex to mere objects, but is very dehumanizing.
The prolonged viewing of the pornographic movies and materials may end up damaging family relationships (Dyzenhaus, D, p 534). Besides, the materials may even inspire the viewers to engage in incest. Where care is not taken, the members of the family of the viewer may end up accessing the same pornographic materials. Further, this may lead to the development of distrust among family members particularly the spouse. The children, on the other hand, may be influenced in the event that they come across the materials and end up engaging in practices such as incest (Bethel T, p 37). Suspicion becomes rife among spouses particularly where only one of the spouses is involved behind the back of the other.
When pornographic movies are watched at the work place, they may damage the reputation of the viewer. At the very extreme, this may lead to the loss of jobs. Besides, the extensive watching of the pornographic materials hampers the productivity of the viewer. In addition, the shared viewing of the pornographic materials at the work place may inspire very unhealthy relationship at the workplace (Bethel T, p 35). The relationships are not only inappropriate but may destroy the entire family institution.
Kant argues that pornography takes women as a means to an end for the men’s pleasure. He argues that the act tends to deter the universal rationality. Women tend to be deprived off their rights through pornography. Apparently, there is the protracted notion that women are mere properties. Similarly, Marx shares similar sentiments that pornography perceives women as mere sex items and fetishes (Mackinnon C. A). All these perceptions paint the female gender as mere instruments of satisfaction for the men.
Sex was meant to be a private show of affection during creation. The exposure of the act goes against the will of God. Watching of pornographic materials tend to degrade the initial intent of sex. Consequently, the person watching the pornographic materials may end up lacking any appreciation for the partner. This lack marital appreciation tends to demolish the foundations of the marriage.
Watching of pornographic movies can lead to numerous spiritual consequences. The act opens avenues for the confusion and oppression in the lives of the viewers. Ideally, the powers behind watching of pornographic movies are very evil (Bethel T, p 36). These powers tend to control the lives of the viewer. In the ultimate analysis, the viewer is not capable of discerning evil from good. The viewers traditional moral believes seem to be utterly blurred by these materials.
In conclusion, it is evident enough that while pornography involves two parties, the practice in more traumatizing for women than it is for the male gender (Mackinnon C. A). Whether one is taking the active role of developing the pornographic materials or the watching of the materials, the effect is insurmountably enormous and negative. The effects range from psychological to physical. Psychologically, those who watch or take part are indoctrinated while those who take part are prone to healthy and psychological risks.
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The case study of the well-intentioned nurse presents some ethical issues. The nurse has a responsibility to act ethically in her interactions with the patient. Well-intentioned efforts of protection can be paternalistic and unethical even when they do not cause harm. Informed consent is based on the idea that an individual should be fully informed and understand both the risks and benefits inherent in their choice of treatment. This paper addresses the morality of withholding certain information from a patient. In spite of the good intentions that withholding of information may have it is a breach of nursing ethics. Additionally an individual who is uninformed my may make a choice that is not reflective of his or her true wishes.
Informed consent of the patient serves as the ultimate protection from the hazards of treatment. Hendricks (2000, pp29) points out that the basic premise of informed consent is that the patient has the right to determine what should be done to their body. Barkes (2003, pp23-28) supports this with the argument that the patient ought to have full information on prognosis, complications, discomforts, costs, inconveniences, expectations, risks and any sequelae that their condition and treatment may have. The point of giving the patient this information is so that the patient can make a rational decision.
Consent has several components, disclosure, voluntariness and capacity. Disclosure has to do with providing relevant information to the patient in a way that they can comprehend (Etchell and Sharpe, 1996, pp 177). Capacity refers to a patient’s ability to comprehend the information given to them and to appreciate the consequences of the decision they make regarding their own treatment (Etchell and Sharpe, 1996, pp178). Consent also applies to the refusal of treatment because patients have the right to refuse as well as to accept treatment. The patient’s right to come to a decision without being coerced, forced or manipulated is found in the component of voluntariness.
In the case study of the well intentioned nurse, the nurse has failed to fully inform Marie of the actual nature of her treatment. She does not point out that the injection has to be administered slowly because of how painful it is. Additionally, the nurse uses false information to explain why Marie should get the injection; she states that the doctor may cease treatment, which may not be necessarily true because refusal of an injection does not mean that the doctor should stop all treatment. In this case, the nurse is trying to manipulate the patient into agreeing to get the intravenous injection.
The value of informed consent is grounded on the ethical principle of autonomy and also a respect for persons. This ethical principle recognizes the right of the individual to self-determination (Etchell and Sharpe, 1996, pp177-178). The right is in line with society’s respect for and individual to decide on their own personal matters. The principle of autonomy has increased in importance as values within society have moved to defining medical quality in terms of outcomes which are important to patients rather than healthcare professionals (Rumbold, 1999, pp23; McLean et al, 2003, pp212). It could be argued that the rising importance of autonomy is largely part of a reaction by society to the paternalistic attitudes and practices characteristic of healthcare in the past years. Respect for persons makes it necessary for health professionals to carry out interventions on unwilling patients. Informed consent is also a legal requirement and failure to obtain it may constitute battery whereas treating a patient of the basis of inadequate or incomplete informed consent is regarded by the law as negligence (Etchell and Sharpe, 1996, pp179). The action of the nurse of not telling Marie about the painful nature of the intravenous injection, the nurse has acted in a paternalistic manner and therefore has denied Marie the opportunity to express her autonomy. The patient, Marie has thus become a passive recipient of care as opposed to being an active participant in her own care.
It may be argued that the nurse’s intentions are good as she is trying to ensure that the patient’s stay in hospital is as short as possible. The principle of beneficence may be cited in support of the nurse’s actions and failure to give full information. With this principle in mind, the nurse’s actions may be justified with the fact that healing is the main and sole purpose of medicine. By the nurse giving the medication regardless of the pain that the patient will go through, the nurse will have contributed to the healing process and thus improved the patient’s outcome. Beneficence refers to those actions which promote the well-being of other people (Yeo and Moorhouse, 1996, pp53). In a healthcare context this means taking actions which will serve the best interests of the patients. However, there is uncertainty in the definition of which practices actually help patients. In the case above, perhaps not giving the injection will cause the patient to stay longer in hospital but in regard to the patient’s interests, the patient will have avoided a painful procedure. Additionally, there has been no reported attempt at finding an alternative medication that would maybe cause the patient less pain. Thus in this case it seems that the medical outcome was the greater priority for this nurse.
With reference to the principle of non-maleficence, the healthcare provider has the responsibility of ensuring that they do not prescribe medications they know to be harmful or at the very least the patient should be aware of the benefits and risks that are associated with the treatment and these benefits should outweigh the risks. Donelly (2000, pp 119) defines non-maleficence as a concept that is embodied by the phrase,’ first, do no harm’. This is considered by many people as what should be the primary consideration in healthcare. An enthusiastic practitioner may use treatments that is believed will do good without an evaluation of whether the treatments actually do no harm or have an acceptable level of harm. In Marie’s case, the treatment has not been associated with any other harmful effects other than pain. However in the patient has not been fully informed of just how much pain she will be in. While there is the element of risk and pain in all injections, this particular treatment has more pain than would be expected. The patient too is also particularly afraid of injections, thus giving the injection without fully and truly informing her of what to expect would result in doing harm rather than good. The principle of non-maleficence is not absolute (Donelly, 2000). In some circumstances such as this one, the principles of maleficence and beneficence may be balanced against each other so in order to guide ethical action. For instance in a desperate situation where failure to give treatment will be grave, then the risk of not treating also has the likelihood of doing harm. In this case, there is no element of grave danger shown by failure to give the injection. The only negative outcome perhaps would be longer stay in the hospital and the patient missing her sister’s wedding.
The case study above could also be considered in the light of double effect.
Rumbold (1999, pp24) argues that respect for autonomy is a significant part for the rationale of any health work. Respecting the autonomy of a patient means allowing the patient to decide. For the patient to be make autonomous decisions they need to possess the necessary knowledge to do so. This gives the health professional the duty of ensuring that the patient has all the information they need to make a well reasoned choice. The nurse has a role of providing holistic care to the patient, when the patient’s autonomy is not considered the care that is given fails to be holistic.
The principles of non-maleficence and beneficence are in line with nursing philosophy but the paternalism that is often associated with the two principles is incompatible with nursing philosophy (Rumbold, 1999, pp24; Yeo and Mooorhouse, 1996, pp54). Bellack and O’Neil (2000, pp14) argue that the underpinning philosophy in nursing process and many nursing models is the relationship between patient and nurse is one of partnership. The nurse together with the patient identifies the plans and needs of care for the patient. The nurse encourages the patient as fully as possible in the planning, implementation and evaluation of care. This kind of involvement ensures that the patient’s autonomy is maintained while at the same time the principles of beneficence and non-maleficence are observed.
Consent could be implied or explicit (Etchell and Sharpe, 1996, pp179). Explicit consent is usually given in writing or orally. Implied consent is when the patient shows a willingness to undergo a treatment or procedure by his behavior. Consent given for venipuncture is more implied than explicit; it is implied by the patient’s action of rolling up their sleeve and presenting their arm. In the case study, the consent required is also implied. In spite of this it does not mean that the consent process should not be adhered to and the principles underpinning should not be observed.
It is important to obtain valid consent before carrying out a procedure on a patient. In addition to being necessary as ethical practice in nursing, it is an important component of an effective nurse-patient relationship. Research done by Sulls and Wan (1989, pp,372-379) indicates that providing information on what the patient will feel, what will be done to them in the course of procedures and stressful events helps to reduce negative feelings and distress. Additionally, communication and giving full information has also been shown to increase compliance with treatment and satisfaction amongst patients (Hall et al, 1988, pp657-658).
Ethics by definition attempts to find a balance between the ethical perspective and the medical perspective. In considering autonomy as a parameter for health care, both the ethical and the health care perspective can benefit from the references implied to health. Autonomy can be described as an indicator of personal well-being and the professional’s well-being. The general aim of health care is to do good and have them benefit from it.
Nurses have often been referred to as the advocate of the patient. An advocate has a role of safeguarding clients’ rights against violation and abuse (Rumbold, 1999, pp23-24). Starting from the premise that the patient has rights, then the nurse in the process of providing health care has the responsibility of ensuring that the patient’s rights are met. When the nurse fails to do this, she has failed in her moral obligation to the client. The role of the nurse as the patient’s advocate sometimes means that the nurse may be put in a situation where she will have to defend the autonomous decision of the patient even when the nurse does not agree with such a decision or the decision brings conflict with the doctor. Thus in Marie’s case, the nurse should have given the patient all the information concerning the intravenous injection of procedure so that the patient can make an autonomous decision.
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Since the dawn of the computer age, computer networks have grown into an information superhighway where financial fortunes can be made, political deals cut, public debate can be carried out and popular culture can be modeled in line with human advancements in the 21st century. As computer sales continue to skyrocket more and more people are being interconnected into a unique model of communal existence. Once an arcane and obscure set of technologies that could only be used by the elite and sophisticated researchers, the information superhighway has grown into an information resource that is relatively accessible to any computer literate individual.
In Philosophical Perspectives on Computer Mediated Communication(CMC), Ess(1996) posits that CMC and its respective attendant the cyberspace which has been created by millions of Net citizens has evolved from a futuristic dream to an exponentially explosive reality. From a distinctly intellectual framework it has evolved to be a source of any information while creating an expanding population of virtual communities. It is from such a social force that the aspect of democracy has been developed through enslavement of all persons via a perfection of computer network technologies that deceive on the identities of users but carry out a surveillance as well(Ess 1996).
Initially, computer networks only served to connect machines and perform complex industrial controls. However with the advent of the internet, computer networks have transcended from its initial potentiality to creating a range of novel social spaces necessary for interaction between different people. In such a novel social space, usually called the cyberspace, the economies of communication, interaction and coordination are unlike, the natural emotionally driven interactions that characterize face to face communications. It is this paradigm shift that has necessitated the the utilization of millions of conversation spaces where physical, social and political barriers are obliterated(Smith & Kollock 1999). Network interaction media such as chat systems, e-mail, and conferencing systems enable people from diverse political spheres, religious affiliations, social standing and gender to exchange information covering a range of complex and simple expositions without discrimination on the basis of environmentally imparted inhibitions and prejudices like gender, race or ethnicity.
Certainly early cyberspace community had the vision of a medium that would possess democratizing characteristics. Idealized visions of cyberspace culture hoped that as a Netizen community this novel form of interaction would facilitate only the exchange of informative materials between persons of an intellectual and social commune enclosure. Such visions elicited the dream of an egalitarian network where members of the intellectual and social commune would broadly participate in interaction with much openness and that the lack of visual contact would with time eliminate the irrational biasness and prejudices that discriminated against outsider groups or groups of low status in intellectual interaction. Moreover participants would be exempted from judgment or retribution. Socially constructed hierarchies would be dismantled and new modes of democratic interaction would emerge. In the context of such visionary expectations the main driving force of building the cyberspace as an interactive platform was to develop an interactive platform where race, gender and ethnicity were non existent and honesty, equality, mutual respect and universal altruism would create an unbiased discussion possible(Mann & Stewart 2000).
Despite, the development of the internet into an all inclusive, all accommodative platform of interaction, powerful structural forces still promote the exhibition of gender, class, race and ethnicity hence obliterating the purely Utopian vision. This simply implies that when posting discussions on some networks, one is innately assumed to be of specific color and gender unless proven otherwise(Mann & Stewart 2000). The persistent anonymity and the ability to adopt multiple identities still hold the promise of the egalitarian vision even though there are still elements of intended discrimination by some online users.
Gender, Race and Ethnicity in the Cyberspace
Gender in Cyberspace
Gender, race and ethnicity can only be exhibited in the cyberspace when they are analyzed on the basis of identity. All identity on the other hand is nothing but performance. Identity as an entity is multiple and dynamic. Even in real life identities are shifted so many times depending on our actions and the reasons of engaging on such actions. It is therefore very difficult to differentiate between what can be referred to as real identity and that which cannot be referred to as real identity, otherwise called virtual identity. Real identity can only be fixed if we resist ourselves to old ways of thinking. It is at such a state that our identity can be fixed, remain stable and remain essential to facilitate its uses(Thurlow 2004).
Online identities can not be real even though they may serve the same purposes of real identities. The fact that online communication accepts variable identities further removes such identities from being similar to real identities. It is because of these differences in offline and online identities that it becomes more appropriate to refer to identities used online as identity online as opposed to online identity because even in online communications they are still subject to fabrications(Thurlow 2004). Since identity is inherently virtual all other things that are determined by its analysis can only be described as virtual hence virtual gender, virtual race and virtual ethnicity. Their effects thereof with relation to online communication can only be accepted with an understanding that all identities are virtual.
Warhol(1999) contends that gender is a function of the minds and exist only in the form of virtual genders. This implies that gender does not simply embody the aspect of corporeal bodies. In the internet genders exist but they exist only in the form of virtual genders which is comparatively visible and subject to analysis. While society might be inclined to view gender performances in the context of corporeal entities, the internet and subsequently virtual gender clearly views such gender performances in the context of computer networks and cyberspace(Warhol 1999).
There are some who may argue that the idea of virtual gender represents only an opposite term that denotes binary pairing, however, gender as analyzed without attachment to corporeal manifestations represents the styles, gestures, looks, diction, inflections or any other representation that classifies an individual in the society as feminine as opposed to masculine. In internet discussions such manifestations are elicited but they are not conforming to what culture prescribes as femininity. Discussions are presented according to the nature of the subject matter through critical analysis. The only difference in such discussions is the definitive structure of how the conversion is presented. A critical analysis of the discursive strategies employed in the conversion has the capacity to yield the distinctive patterns that conforms to the structure of feminine talk. This is also true for other discussions irrespective of the identity in signing in. men and women have different discursive strategies and this represents the virtual gender reality in online conversation(O’ Farell & Vallone 1999).
An opposing view is that of virtual sex which is generic of virtual gender and implies the sexual relations in the cyberspace. Such erotic interchange between cyber lovers who may never physically explore their eroticity only represents the concept of virtual sex where intercourse occurs without physical connection of bodies. When the same understanding is applied to virtual gender, then it is true that virtual gender exists without the biological aspect of femininity and masculinity. However, sociologically sex is understood to have two meanings. One meaning denotes the genital classification while the other is definitive of erotic encounters. It is this existence of two meanings that marks the interchangeability between sex and gender and hence the relationship between the aspects of sexuality and gender.
This aspect is true in the internet where virtual sex often assume the reality of cross-gendered personas. For instance individuals entering in virtual relationships may assume that the affair is between a male and a female(genital classification). This is possible because the cyberspace possesses unlimited possibility of creating newly gendered versions hence novel identities. However, when this analysis is carried out within the understanding that the concepts of virtual sex and virtual gender are distinctly different entities, then it becomes easy to understand the existence of virtual gender in online interaction but not expressed as a component of sexual relations. At this point int is prudent to reiterate that whether in discursive or in bodily manifestations the concept of gender represents a purely environmentally propagated concept. Gender differences as a determinant of social roles and responsibilities is a product of culture and social structures(O’ Farell & Vallone 1999).
Self care and the building of relationships(finding Mr. Right) are two dominant preoccupations that that determine peoples interactions, especially women in the internet. This involves the building of self. The building of self as a presentable internet identity was not initiated by the internet in itself but rather the internet has accelerated this transformation. It is common knowledge among Net citizens that an identity hereby referred to as a cyberself had to be modeled and assembled according to individual specifications(Agger 2002). Because identity is a necessity in using these interaction technologies coupled to the inherent variabilities of identity presentations, individuals are given the opportunity to fabricate their selves in line with self presentation specifications.
When women go online to build such a self through reproduction of self, they carry with them the traditional responsibility for domesticity. This means that even in the internet both biological and cultural terms will have to be exhibited because the societal responsibilities that define a woman have been inculcated into the mentality of the victim(woman) herself. This fact partially explains why sociolinguistics are able to discern a woman form or style of expression even in situations where the identities of contributors are hidden beyond the grasp of ordinary cyberselves(Agger 2002).
Power in the world has always been dominated by male patriarchal systems that espouse subordination as opposed to inner dialogue. Therefore power according to women can only be viewed in terms of male subordination. Men in online communication exists as a distinct and different from women in online communication. Men are more likely to surf for the purposes of business and work related activities, pornography and entertainment while women on the net is but a reproduction of building their selves. Therefore to satisfy that natural desire of the building of self women are more likely to engage web pages that deal on child rearing, medical advice, self treatment and networking. This explains why chatting and e-mails which present a classic form of the development of self and self care are directly espoused by women. Therefore when power is analyzed in relation to on line communication then such a discussion is likely to digress into intimacy, sexuality, family, housework, housework, childcare and emotions as opposed to male discussions which present power in relation to the public sphere and the economy such as parliament, corporate boardrooms, military campaigns and the economic market place(Agger 2002).
Race and Ethnicity in Cyberspace
Whether in academic research or in common understanding, racial and ethnic identity has often been associated with the body(Banton 1987). From as early as the 16th century, the concept of racial identity has always been studied and analyzed to denote common descent but such denotion is only relevant when the physical appearance and structure is included since race could only be carried by blood(Burkhalter 1999). According to Van Den Berge(1993) race is a bodily feature and its different from ethnicity which is representative of culture(Burkhalter 1999). Ethnicity describes cultural markers of membership. Such markers may include aspects such as religion, language and countless other symbols like holidays, music, tattooing, clothing and so on. This classification presents race as a heritable phenotype and in modern society race is described by physical characteristics such as hair texture, skin color, facial feature and musculature.
Even if scholars desist from this classification of race and adopt classifications that define race as a status, a social construction or even a class, classifications of race are still predominantly of an biological phenomenon. The body has and will still remain an independent variable when carrying out racial identifications. Sociologically, it has been established that it is difficult and almost impossible to describe a way of life of a certain race without inferring on the bodily features of such a race. T5he social characteristics cannot describe a race unless they infer to the actuality of the race and that actuality is only exhibited as a function of an inherited lineage. The phenotypic and genotypic characteristics are therefore the only dependent factors in establishing identity(Burkhalter 1999).
As with gender, race and ethnicity also heavily rely on the physical manifestations and cues when carrying out face to face interactions. Communications are designed according to racial affiliations because people usually expect people of other racial backgrounds to exhibit a certain mode of communication. This is unlike a sociological standing that only recognizes sociological characteristics because race; the bodily phenomenon and ethnicity; the cultural markers occur in a linkage it becomes easy to discern the relationship of bodily features and expectations on language and more importantly expectations of the nature of communication and interaction. Racial identities prescribe the manner in which we treat different members of the society.
In face to face communication, physical characteristics play a pivotal role in conveying racial identity. Computer networks present a unique social platform where it would be easy to assume that gender, race and ethnicity would disappear due to the absence of physical characteristics. With the sense of unlimited freedom that exists in manipulating real identities such corporeal traits are to be expected to disappear but they do not. Textual resources in online interactions are determinant of physical characteristics and hence racial identity.
Tal posits that even though it seemed possible that people of color could be completely disappear from the cyberspace, such a belief can only be described as illusory and is only serves as a mode of whitinizing the cyberspace(Tal 1996). Over that time of invisibility of the African American due to complex critiacal theories that were designed to reveal African American identity with the numerous forms of multiple identities, liminality and fragmented personas. For years some writers tried to propagate the illusion that culture which is definitive of ethnicity and race were non existent from the cyberspace. Recent evidence attest to the fact that even in the cyberspace the integration and multiplicity that marks the post modern form of the African American culture is existent and can easily be discerned.
While physical cues cannot be represented online because race and ethnicity exist in their virtual forms, racial identification which is a determinant of interaction is not non existent. For example in blogs or online discussion groups where the topic featured is racial and cultural issues, it is possible to discern the racial or cultural background due to specific forms of expressions that can only be expressed in relation to racial or ethnic backgrounds. As discussions ensue, salient categories can be analyzed and broadly classified into general racial categories(Chinese, European-American, African American, Latino, or white). Racial identity represents itself in form of vernacular expressions that can be traced to specific racial groupings even in the absence of the body(Burkhalter 1999).
Computer mediated communication(CMC) is a term used to refer to electronic mails, fascimile, voice mail or even electronic bulletin. With continuing advancements in computer technologies CMCs are have become commonplace in the society. Moreover, researchers are employing these technologies to determine the effects such technologies might have on the lives of members of the society. Studies have been able to demonstrate competence in using textual information to discern gender. Such technologies aim ate diminishing the physical cues that have for a very long time been used to denote gender and or ethnicity(Allen 1995). Textual information have been successful since they evoke stereotypical responses that are associated with the sexes.
Computer mediated communication systems use networks that can carry out a surveillance on the number and presumed identities of individuals who are logged in because the networks have the capacity to equalize and democratize the communication processes passing through it. As such it can be a stimulant in ensuring that voices are heard as well as muffled. Moreover gender studies have also been facilitated due to the differences in orientation between the sexes in using these technologies.
Race, racial identity or ethnic identity cannot be described as capricious features of cyberspace interactions. Moreover, participants in such discussions usually do not identify themselves by citing their race but rather if the discussions can be pragmatically analyzed the ambiguity of the social space as claimed by some researchers cease to exist because cultural identity even without the presence of names or bodily features is noticeable. For example if someone makes the statement “all niggers must die” in an assumed ambiguous social space. A follow up of such opinions is will ultimately reveal the ethnic and racial identity of the poster of such an opinion.
Certainty of racial identity whether online or offline even without any proof of phenotypic or genotypic traits is determinable without any hesitancy since people communicate in relation to who they are(the phenotypic and genotypic traits) and to who they are interacting with. The content of interaction is subject to linguistic differences between racial groupings. Online interactions have no capacity create any confusion in social interaction. Likewise it does not give racial or ethnic identity a chimerical quality. Because human beings inherently carry with them manifestations of racial identity, it means that in online interactions, racial identity is nothing but consequential.
As much as we would like to believe that gender, race and ethnicity are non existent in online communication, a succinct analysis of various blogs even with the variabilities of identities reveals that racial identity, ethnic identity and gender are more easily discernible as they follow a known pattern that is usually exhibited in real life interactions. The only difference is that in the cyberspace the concepts of gender, race and ethnicity exist only as virtual entities. There are specific discussions in the internet that have the ability to bring out the gender, ethnic or racial background. Such discussions always are always modeled by societal inhibitions such as the insubordination of women which is responsible for their domestic mentality or on the other hand discussions on race or ethnicity are bound to warrant sharper and ethnically conscious reactions because of historical injustices of racial discrimination. In areas where such factors are not elicited, it becomes very difficult to discern the differences in terms of gender, racial or ethnic identities. Moreover, it can be argued that it is only in research designed settings that the concepts of gender, racial and ethnic identities can be fully established. In normal online communications the concepts are discernible but at a limited extent.
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The American liberty has been placed central in the country’s pursuit for better living standards and enhanced political, social and economic space. While the twin tower bombing is regrettable across the divide; the introduction of the PATRIOT act was not only done in extraverted anger by the bush administration but lacked foresight and moral backing in total. The essence of robbing one of the a million rights and granting one has the least basis, if any. This paper looks at the lopsided stature of the US PATRIOT act, with expended zeal and attention to how it imminently denies the American their hitherto enjoyed fundamental liberties and freedoms.
Ideally the coining and the adoption of the PATRIOT act were not only outrageous but also unacceptable. The introduction of any laws in any system is meant to strengthen the existing laws and not to do away with any. Presumably, the PATRIOT act was introduced to usurp and make redundant all the other civilian rights and freedom laws. In analysis the flaws of the ct, this paper looks at the former provisions on human rights and how the PATRIOT act overshadows them altogether. Analytically, the act poses more threat to the liberty that exists than it does protect the liberties.
The implementation in full of the PATRIOT act is a concealed move towards the withdrawal of the fundamental freedoms and rights of the American. The civilians should therefore beware, review it and resist it by all the democratic and legal options at their disposal, or else it marks the beginning of autocratic rule and draconian practice in the great democracy of the
The expanded surveillance on the great nation citizens is unfounded. Harking is a crime within the precincts of the American law. It is ironical that the government appears quite determined to give using one hand and take using the other. The outright leeway by the act for the surveillance agencies to access individual and corporate databases rips off the fundamental freedom of privacy.
At the inception the bill was meant to counter terrorism prospects. However, the act is not limited to terrorism as such (Ryan, K V.). Hitherto, civilians had a right to access and question the actions of the government; with the advent of the PATRIOT act the government appeared to have muzzled more secrecy in its dealing. Vividly, this may just mark the onset of economic, social and political crimes.
The acceptance of the sneak and peek warrants of search by the PATRIOT act give undue leeway for the security agencies to search without notice private premises. This may translate into sinister and anterior motives. Besides, the misdemeanors are strictly relative terms that should not be used in gauging the gravity of any crime and should in way be used in the authentication of such unfounded searches.
It is therefore of paramount importance that the legislative arm of the United States of America reviews the provisions of the PATRIOT Act and rethinks it contents. The central quest for this move should be to have the flaws that prejudice the fundamental freedoms of the civilians reviewed to be in tandem with the existing clauses on freedoms and rights of the civilians. The drafting of the bills should be done with due sobriety and decorum to add value to the lives of the American nationals rather than reduce the already augmented value. The founding basis of any amendments thereto and thereof should be to further the rights and freedoms.
The advent of the patriot act was a mere step forward towards the fight against terrorism but several steps backwards in the realms of democratic ideals (Ryan, K V). It is no wonder that the act lacked support and popularity among the voters. Though the fight against terrorism through legal means is most welcome, the deprivation of the citizens their hitherto enjoyed in the disguise of fighting terrorism is not founded on any ideals.
The expansion of the surveillance ability by the federal government on the security agencies to spy on the private lives of its citizens has the least foundation, if any. The fact that the government through its agents can access the records of surfing of its citizens is in itself illegal and very autocratic. The implication is that Americans have the list entitlement to their privacy. In deed if the
At the very conception of the patriot act it was meant to be restricted to terrorism; however the act is currently spanning the entire American citizenry as though all Americans are terrorists. Besides, the award of a green light to the security agents to use wire taps in the tracking of suspected criminals. This legislation tends to cushion security agents from the computer fraud and abuse act. The selective application of the computer fraud and abuse act is a preserve of autocratic states. PATRIOT in a way partially tends to repeal the legislation the pervasive surveillances of Americans.
The American government is supposed to be accountable to its citizens. The PATRIOT Act tends to cushion the American government from taking responsibility. In essence, the PATRIOT gives the government extrajudicial secrecy while opening its citizenry to government abuse (USA Patriot Act). In addition, the FISA provisions have been made broader allowing the security agencies more surveillance opportunities.
The impending introduction of the PATRIOT II may just increase the already immense power transiently. The act not only provides within itself paradoxes and ironies but it but opens a Pandora’s Box. Ultimately, the possibility of uniting people whose privacy has been literally taken away has the least founding basis (Foster, A L). While the act was meant to be a compromise version of the Anti Terrorism Act. The act also presents the anxiety that was inherent within the congress passing the bill almost so lopsided oblivious of the implication the democratic ideal and the fundamental freedoms and right of its citizens.
Though the act was reviewed (Rackow, S H, p 1651), the act retained provisions that still gave the government investigative authorities powers over the citizens with due respect to internet privacy. The provisions retained within the PATRIOT Act not only implicate fundamental liberties but they are also complex in matters concerning the protection of the very individual fundamental liberties. The introduction of the debate was so shrouded in controversy and the lack of intense deliberation that it has translated into the enormous flows in its provisions (Scheppler B., 2006, p 89). Ironically the provisions of the PATRIOT act were introduced before the September 11th bombing, it is no wonder that the white house chief of staff, John Podesta questioned its legality arguing that the provisions hitherto had had intense discussion and that nothing had changed ever since.
The act was only opposed by a single senator, Russ Feingold (Rackow, S H p 1653). The concerns of the senator as they are the concerns today were the effect of provisions on the liberties of the Americans.
Now here is where my caution in the aftermath of the terrorist attacks and my concerns over the reach of the anti-terrorism bill come together. To the extent that the expansive new immigration powers that the bill grants to the Attorney General are subject to abuse, who do we think that is most likely to bear the brunt of the abuse? It won’t be immigrants from
Senator Russ Feingold, Oct. 25, 2002
In deed, the blow of the freedoms and the liberties fall heavily on the common man unlike the rich class. It is apparent today that the cross-section of the senators appreciate that the bill was a blow on the American liberties.
Proponents of the PATRIOT Act justify the provisions of the act on the strength of a number of arguments. First, the proponents feel it is impossible for the misuse of the provision as the information collected has to be incidental in an ongoing investigation. However, this takes the innate sobriety of the attorneys and the investigating agency for the agencies to live to this requirement to the letter (Weigel, D, p 243). However the provision to this effect; the Pen Register and Trap and Trace statute, has no cushioning clause that would see the agencies restricted on the extent of their interrogations.
The proponents argue that the citizens are dully cushioned against any seizure of such information as is only incidental in a case under the attorneys’ investigation. They cite the provisions stating that the can only target information that concerns the crime under investigation. The provisions may well be founded on utter legal basis, the implementation of this pertinent provision are the core concerns of the civilians (USA Patriot Act). Ideally, this pins the civilians in an abyss of insecurity, the fear of who is watching over them. This is a very sorry state for a nation that reveres individual freedoms and liberties.
Further the proponents seek redress in fact that the provision states that only designate officials have the legal mandate of authorizing such investigations. However humanity is sometimes overridden by the ego self, in such circumstances, the liberties of the civilians is put at risk (Patriot act vs. the constitution). Besides, they argue that the interception is only over a specific span of time. While the provision blocks the information acquired illegally from any use in the legal process, the information would be used outside the legal system for ulterior ends.
The passing of the PATRIOT Act set precedence of a host of activism and purported antiterrorism movements and campaign. Most of the campaigns were meant to further cut and curtail the freedoms that were being enjoyed by civilians hitherto. However, civilization does dictate that part of its tenets is increased rights and freedoms. Soon after the passing of the PATRIOT Act, the chairman of the intelligence committee, Mr. Pat Roberts wanted to introduce another bill that would see the intelligence agencies undertake investigation without the judicial approval (Campaign for Reader Privacy). This is indicative of the possibility of opening up the privacy of Americans without due course in the disguise of fighting terrorism.
The adoption of the PATRIOT Act saw the soaring of the American British-Colombian relations. This was because of the purported accessibility of the British-Colombian personal information by the American agencies (Ryan, K V). Presumably the provision was meant to step up terrorism acts and further international cohesion. However, this is proof of the fact the act may demolish the bridges it was intended to mend after all. This violation of the British-Colombian law was revealing enough to have the proponents rethink their stand on the draconian Act.
It is unfortunate that even after the EPIC had sufficient information on the usurpation of powers by the security agencies in their mandate in the surveillances, the government officials were not willing to accept fault. In the worst manifestations of deprivation of individual rights the act provides for the state to collect keys for individual apartment in the pretext of carrying out investigations. The indisputably gave sweeping powers to the law enforcing agencies.
In utter indication of things to come, the first year of adoption of the PATRIOT Act saw security agencies increase their warrants (secret) above the wiretap warrants issued by the federal, which are issued under very stringent legal standards. Besides, the denial of approvals for the warrants reduced in the same year. This show that the scrutiny of the request were not as stringent as inter alia (Smith C S., Hung L., 2010, p 74). This lack of scrutiny shows that the country had been overridden by the sweeping wave of the PARIOT Act, disguised as a protection of the American civilians.
The American national have developed a robust and irresistible reading culture. The PATRIOT Act denies the Americans their right to read materials they deem fit on the pretext that the readers would be accomplices of the terrorists’ activities. Though the house committee passed legislation in 2009 that would protect the bookstores and the library records, this was not sufficient enough as it was short term. The terms used within the provision were equally questionable in a court of law (Scheppler B., 2006, p 43). The term specific and articulate would have relative and vast interpretations, hence making the meaning prone to abuse by individuals for their ulterior ends.
In addition the shooting downs of a provision within the PATRIOT Act, which was indeed contradictory shows the flows inherent in the act. In utter disregard for the civil rights, the provision implies that any terrorist suspects have no right for legal advice or assistance. Doesn’t the very supreme law of the land state that one is innocent until proven guilty? Why should the very state that should defend the law turn against it in the pretext of fighting terrorism? Here, the government of the great nation could have lost the point.
A rethink by the government is long overdue. The government has to defend the rights of the citizens as it as it fights terrorism. There is the least point in granting one right and taking away another very cardinal right (Smith C S., Hung L, 2010, p 102). Worse still, even the one being purported to be granted is far from given. Apparently the Bush administration got so obsessed with the fight against terrorism and lost other core and fundamental need of its citizens.
The solution lies squarely in the strengthened and protected human rights, followed by stringent policies aimed at fighting the menace. A new legislation should be developed under sobriety and devoid of overwhelming anger disguised as a fight against terrorism. Besides, the war against terrorism need not be personalized; rather it should be nationalized and made an obligation of every Americans.
Increase in minimum wages has a number of microeconomic implications. Any attempt to increase wages is likely to face objection from the affected firm. A rise in minimum wages will lead to an increase in production costs since labor is one of the factors of production. This will affect firms’ profits. Consequently, this will have a direct effect on the combination of factors of production and the production level. Firms will be required to reduce their costs through employing less labor and consequently this may lead to decrease in production levels which will also reduce profit earned by the firms. (Karl & Ray 2008).
This can be explained using a graph as shown below.
This graph shows the current situation before any increase in wages. A firm is able to combine lx units of labor with Cx units of capital so as to produce output level depicted by the isoquant 1(say 100 units of services to customers in case of a hotel business). Increase in minimum wages will adversely affect cost of labor. Given that a firm has a budget constraint which determines the isocost curve CL, a firm will reduce number of labor units employed, and consequently this will reduce level of production as shown by the following graph
Increase in wages will alter combination of factors of production and eventually reduce level of production as shown on the graph above. Labor units will be reduced to ls from lx. Capital employed will be reduced from Cx to cs since capital has to be combined with labor. The firm will operate at isoquant 2 where low output is realized. Low production reduces number of services supplied to the customers and this may reduce sale revenue.
In a competitive market it is expected that wage should equate to marginal productivity of labor unit employed. Increase in minimum wage will not equate to this. Instead it will probably be higher than the marginal productivity of a worker. In such a case, the employers will be required to pay more than the productivity of unit of labor required. This will eventually culminate into losses to the firm which may threaten firm’s operations.
On the other hand, increase in minimum wage will be a great relief to worker who is seeking to reduce his/her working hours. Minimum wage increase will lead to an increase in income which will also affect income leisure substitution. This can be explained through income leisure model as shown below.
Income leisure model assumes that a worker has 24 hours which he/she utilize either in work or leisure. In above graph, Y and X represents 24 hours of either leisure or work. LI is a curve showing how income is substituted for leisure.
Increase in income will lead to income and substitution effects as a shown by the graph below
Worker will be at point K before increase in wages where indifference curve C1 is tangent to ck. Increase in wage rate pivots the income leisure constraint on the income axis. I.e. income leisure constraint curve ck will shift to sk. X and K show same level of satisfaction since they are on the same indifference curve. Increase in minimum wage will lead to increase in relative price of leisure which is depicted by the difference between K and X. (income/leisure constraint slope). Difference between X and E solely owes to difference in income (income/leisure constraints slope is same). Movement from K to X represents the substitution effect which will shift ck to dotted income leisure constraint curve mn so as to be parallel to sk. Increase in relative price of leisure will lead to substitution of work (income) for leisure as shown by difference between K and X. Movement from X to E represents income effect which shows a fall in demand for work time or increase in leisure owing to increase in income of the minimum wage worker. Hours worked fall since the income effect will outweighs substitution effect and the worker will end up at point E where indifference curve C2 is tangent to income leisure constraint sk. (Paul 1989; John, Raymond & Leonard 1995).
There are scholars who propose that increase in minimum wages will lead to significant unemployment. Others assert that, this does not significantly increase levels of unemployment. Several theories have been employed by both sides in an effort to support these two arguments.
According to findings of the study by Stephen and Alan (1994), minimum wage had either no effect or positive effect on employment. Increase in minimum wages leads to an increase in level of income with the households. Increase in income among the households will ensure consistent and reliable demand for firms. This will ensure desirable revenue to meet firm’s cost associated with increase in minimum wage. Thus firms will not lay off their workers. Secondly, firms will reevaluate their pricing policy so as to accommodate for increased costs resulting from increase in minimum wages. This will include passing the burden to the final user of their products, and keep checks on the operations so as to reduce any inefficiency that increase production cost.
Additionally, this study found that, increase in minimum wages will eventually lead to increase in employment. This argument can be associated with increase in households’ income which assures more demand for products and services in the economy. Increase in demand for goods and services will act as an incentive to investors and firms. As a result there will be increase in investments and existing firm will expand their operations so as to take advantage of high demand and obtain high profits. This occurrence will create more demand for labor. Consequently, there will be high employment owing to increase in minimum wage.
High minimum wages has also been associated with increase in productivity since it is a form of motivation to the workers. Increase in productivity leads to increase in out put and minimizes cost of production. This increase in productivity will compensate for the increase in cost of production owing to increase in minimum wages. Similarly, in a competitive market, wage should equate to marginal productivity of labor. Increase in minimum wages accompanied with increase in productivity will not prompt any firm to lay off the workers earning the minimum wage.
On the other hand, there are those studies which have found that increase in minimum wages greatly affect level of employment. In their study, David & William (1995), found out that, estimates based on payroll data suggested that the New Jersey minimum wage increase led to 4.6 decreases in employment. The argument behind this claim is that increase in level of minimum wage will lead to an increase in production costs which will adversely affect production costs. Firms will react to this by seeking ways of reducing production cost. One way is through retrenching some of the workers. Borrowing from the law of demand (increase in price will lead to a decrease in demand), the prudent decision by firms will be to continue offering their commodities at the current price and avoid passing increase in cost burden to the consumers. Consumers are very sensitive to increase in prices. They will either opt for substitutes or forego consumption where possible incase of increase in prices. This will reduce sales revenue to the firm and adversely affect its operations.
Increase in wage does not necessarily lead to increase in productivity. In fact, productivity is usually related to use of efficient technology and skills of the worker. Whereas it may seem a good option to continue employing the current workers even after increase in minimum wages and pass burden of increased production costs to the consumers, this will result into low demand which will affect firm revenue. This will consequently threaten firm’s ability to cover cost of production which includes wages. In such a situation, a firm will eventually have to reduce the number of employees. Failure to take such an action may lead to its fall. This proactive measure will lead to increase in level of unemployment. (OECD 1998; Karl & Ray 2008).
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Culture refers to people’s way of life. Culture is transmitted from one generation to another. Culture is leaned. Culture is a means through which society share values, beliefs, customs, behavior and artifacts. Tradition refers to the process of doing an action more than once. For example, repeating an action now and again makes it be a tradition. Going home to celebrate festivals together as a family could become a tradition if every festive you go home. Culture in the Asian countries rotates around art, beauty, medicine and cuisines.
In the Chinese society, there are five necessities that define their culture. These necessities are: Food, clothing, housing, transportation and education. Chinese cooking is of two types. That is, Northern and Southern cooking styles. Northern dishes have a lot of oil and garlic and vinegar are usually pronounced. Pasta is valued in the Northern style of cooking. In the Southern cooking styles, chili peppers are valued. Rice and rice products are usually used as accompaniments. In Chinese cooking, color, smell and taste are given same value in meal preparation. Most of the time, a meal will include three to five colors. Most valued during cooking is the preservation of the fresh natural taste of the spices. The three properties of color, aroma and taste are not only the issues valued in Chinese cooking, but nutrition is of great importance. According to Shang dynasty(Chinese culture 16th to 11th B.C ) Yi Yin, he related the five tastes of sweet, sour, bitter, piquant and salty to the nutritional needs of the five major system organs of the body( the heart, liver, spleen, lungs and kidneys) and emphasized their function in maintaining good physical health. Most of the vegetables used in Chinese cooking such as garlic, dried lily buds, tree fungus have components that help in preventing and alleviating diseases. Chinese culture believes that food and medicine share the same origin. Chinese culture has got certain restrictions associated with eating. That is, meals taken while seated, sitting arrangement is based on age and gender. The dishes are arranged per table basis with a table capturing around ten to twelve people.
Chinese dressing symbolizes a meaning of its own. The main types of Chinese traditional dressing are: pien-fu, long robe and shen-i. The pien-fu is a ceremonial costume in which one had to wear a tunic like top that extends to the knees and a skirt that touches to the ankles. A pien is a cylindrical cap. Similarities between these clothing are wide cut and voluminous sleeves with straight lines. They are also made more attracting by adding ornaments onto them such as doing embroidery along the edges, decorated bands, draped cloths and silk. In the traditional Chinese clothing, dull colors were favored to light colors. Bright colored clothes were used by common people around the houses. Chinese culture associated certain colors with specific times such as green symbolizes spring, white representing autumn, black for winter and red for summer.
Traditional Chinese housing is characterized by a rectangular- shaped unit space that is joined into a house. The Chinese structures combine rectangular patterns of different sizes and positioned in order of preference, with every stage clearly distinguished. In the traditional buildings, the principle of balance and symmetry is taken into consideration. The main building is the axis with the other buildings being joined to the sides to form wings on both sides serving as the main room and yards. All other Chinese structure such the church, residential houses, palaces and official structures follow the same design. The interior space is allocated in away that it defines the Chinese social setting and ethics. For instance the main room is for the master, elder members of the master occupy the backyard of the main room while the junior members live in the right and left wings with the most senior occupying the left wing and the others right wing. Certain pronounced features of Chinese structures are its wooden structural frame with pillars and a beam, and mud made walls surrounding the three faces. The main doors and windows are constructed on the front face of the building. Woods is used in Chinese structures because they believe that wood represents life which is the essence of their culture. Chinese people build houses that have deep and over hanging roofs. Because of this, they came up with their own way of giving the roofs support. This invention is called ‘tou-kung’, which goes up stage by stage from pillar to pillar. The tou-kung gives support to the structure and at the same time acts as a unique and attractive ornamentation. The significance of using wood in the Chinese construction is that the size of the rooms depends on the wooden frame used. Again, color is applied to prevent the wood and third is the skill of building a structure on a platform to prevent moisture. The use of various colors in Chinese buildings has both symbolic and aesthetic meaning.
In the transport system, china did not have any kind of wheeled vehicles until importation of the chariot was done from central
Education system in china is socialist oriented with a classroom having a capacity of about 50 students. Learning is always through group work to promote team spirit and cooperation among the students. Chinese value education because they believe it is a stepping stone to success. In china excellence is the main purpose for education. This is because they aim at producing responsible citizens who can give quality service to society. That is, a student excels to benefit the country but not him or her.
Japanese culture is largely borrowed from china but Japanese culture is mainly influenced by its language. Japanese language is a combination of subset languages that are borrowed from china. That is, hiragana, katakana and kanji.
Japanese usually have different types of traditional foods for various seasons such as osechi-ryori foods for New Year, kabochi on winters, weeding foods and mother dinners. Japanese also use spices in food preparation so as to make it tasty and give an appetizing smell. Japanese have got eating manners that they expect people to adhere to when eating. These tips on how to eat varies from one meal to another. Their dishes include sushi, tempura and teriyaki. Japanese performing art is characterized by costumes, mask and stylish gestures. Their four theatres are noh, kabuki and bunraku. Japanese way of building is also an important aspect of their culture. It was heavily influenced by the Chinese architecture and examples of these are seen in the temples, shrines and castles. In terms of clothing, Japanese wear kimono. Kimono implies “something to wear.” Initially Japanese used the word kimono to refer to all types of dressing but today it only implies long dress that is worn by men, women and children. Kimono is available in different colors with men prioritizing dark colors and women prioritizing brighter colors. The summer kimono is light and it’s called yukata. In the world of sports, methods that were used to train warriors in the past have been organized into sports. For example, kenjutsu, kyudo, and sumo. Again, Japanese popular culture presents a link to the past. Favorite films, television programs and music are all established from the traditions. Japanese also have got aculture of making sculptures. The oldest sculpture made is known as Amitabha in the Zenko-ji temple and it is made of wood. Japanese value wood and it has been used in
Comparison between the two cultures
However there are certain variations in the two cultures. That is, in
Taking the above discussion into consideration, I wish to conclude that the two cultures are different even though Japanese culture was influenced mainly by Chinese culture,
Chinese culture and tradition. The five necessities of Chinese culture. Retrieved.
eHOW, How to distinguish between Japanese and Chinese culture.Retrieved. December 15, 2008.from,
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The Civil war proved to be one of the most catastrophic and violent events of History. Soldiers faced numerous trials and children who once had their families intact came to the dark realization that they were no more.
Despite the fact that
During the civil war, most people from
When the civil war came to an end,
Michigan men who participated in the war lived in camps and engaged in some heinous battles while languishing in appalling camps end ended up dying horribly though heroically. Women also played a major role in the battle as they bore the arms as they charged in the battle (DeAnn. N.d). [ix] Just like men some women lived and suffered in prison. Others ended up dying equally. The women soldiers who were involved in the civil war were seriously wounded and could be taken as prisoners. They were hence killed. Most of the women could hide their identity to be in a position to fight closer to their loved ones. Though the women suffered from inferiority complex most of them already knew how crucial it was for them to stand by their husbands during the war era. Pauline Cushman from
She could follow the confederate Army and gather some crucial information. However, she eventually got captured since she had some incriminating papers and was sentenced to be hung. She eventually got rescued by the Union Troops and later made as an honorary major by the President (Linda, 2010)[x] Women could assume the male identities and put on uniforms ready for the battle. Women also took the nursing roles in order to save the soldiers lives.
They also worked hard to manufacture ammunition, uniforms, arms as well as other supplies for their soldiers. However, some were highly affected who initially had considered themselves as ladies and not necessarily as women. During the civil war they found themselves assuming some unaccustomed duties like providers, protectors and workers as their husbands were busy fighting. Most children at this time suffered since they were forced by the civil war to be separated from their parents and at times they ended up dying as a result of the war that prevailed.
It is lucid that