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Tuesday, August 25, 2020
Frontline :: essays research papers
ââ¬Å"Frontlineâ⬠presentation of current undertakings programs makes a joke of editorial trustworthiness. Through entertaining depictions of significant issues, and smart impersonation ââ¬Å"Frontlineâ⬠makes veiwers mindful of scorn towards editorial honesty. While current issues programs depend on genuine stories, which are improved to ââ¬Ëmake great newsââ¬â¢, Frontline depends on the creation of these accounts. Cutting edges reason for existing is to advise the crowd regarding the life behind a current issue program however more significantly its primary spotlight is on engaging the crowd. This is accomplished from multiple points of view, fundamentally by bowing genuine circumstances out of scorn to columnists uprightness. Current issue programs don't accept stories as they are and basically present them with the realities, they are sensationalized and improved to bring greater diversion incentive to them, anyway this isn't broadly known all through the overall population. Besides itââ¬â¢s precisely what Frontline did with ââ¬Å"The Siegeâ⬠and ââ¬Å"Dessert Angelâ⬠when it supplemented certain components of the story to make them sound more engaging than the exhausting realities. By ââ¬Ëenhancingââ¬â¢ the realities and controlling reality it made the tales progressively respectable to the crowd as a type of diversion and joke concerning columnists. This was spoken about in the ââ¬Å"Dessert Angelâ⬠scene when Marty shows Stu how anybody can be transformed into ââ¬Ëgood media fodderââ¬â¢ Forefront is planned for being a parody program and in this way has a primary motivation behind satire and amusement instead of illuminating. Most daily current issue programs battle to get articles for every night. Most with three or four articles a night have an exceptionally close and constrained time timetable to set up every night. Thusly with such a restricted time they can't generally focus on the genuine investigation of some current undertakings programs. ââ¬ËFrontlineââ¬â¢ overstates and uncovered this idea in the scene ââ¬ËDesert Angelââ¬â¢, where ââ¬ËFrontlinesââ¬â¢ uprightness is provoked as it protects an elite with Australian guide specialist Jessica Steckle, whom seven days before was given a burial service by the group at Frontline with Mike giving the tribute. The issue is made comical with the offering war scene straightforwardly following Mikeââ¬â¢s unyielding discourse that the group at ââ¬ËFrontlineââ¬â¢ do have morals and uprightness. While the scene keeps up its analysis of current issues projects and columnists by showing that ââ¬Ëbidding warsââ¬â¢ and ââ¬Ëcheque book journalismââ¬â¢ are overflowing however out such projects. In ââ¬ËThe Siegeââ¬â¢, ââ¬ËFrontlineââ¬â¢ again handles an extraordinarily topical issue, and sprinkling amusing diversion to imply their reactions.
Saturday, August 22, 2020
Black Men and Public Space free essay sample
Brent Staples (b. 1951), the most seasoned of nine youngsters, was conceived in Chester, Pennsylvania. His dad was a truck driver who lost his employment alongside 40,000 different laborers during the 1960s due to plant closings in the territory. The family was diminished to destitution. Staples had never considered school until a school educator looked into him and urged him to apply to a program that enrolled dark understudies. He enlisted at Widener University (B. A. 1973), where he exceeded expectations and got a Danforth Fellowship for graduate examination. He took a Ph. D. in conduct brain science at the University of Chicago in 1977. From 1977 to 1981 he showed brain science at a few schools in Pennsylvania and Illinois, yet an occupation as a report for the Chicago Sun-Times in 1982 and 1983 started his day of work to news coverage. He started composing for the New York Times in 1983 and has served on the publication leading body of that paper, for which he composes feeling pieces on race, social issues, governmental issues, and contemporary culture. In 1994, Staples distributed the personal Parallel Time: Growing Up in Black and White, which won the Anisfield Wolff Book Award and in which ââ¬Å"Black Men and Public Spaceâ⬠shows up. The Term open space is only 30 years of age, and definitions fluctuate. One definition expresses that open spaces ââ¬Å"protect the privileges of client gatherings. They are available to all gatherings and accommodate opportunity of activity yet additionally for transitory case and proprietorship. An open space can be a spot to act more freelyâ⬠(Steven Carr, cited in ââ¬Å"The Death of Public Space? â⬠at http://www. columbia. edu/_gs228/composing/histps. htm). My first casualty was a womanââ¬white, sharp looking, most likely in her late twenties. I happened upon her late one night on an abandoned road in Hyde Park, a generally well-off neighborhood in an in any case mean, ruined segment of Chicago. As I swung onto the road behind her, there appeared to be a cautious, uninflammatory separation between us. Not really. She cast back a stressed look. To her, the youngish dark manââ¬a wide six feet two creeps with a whiskers and surging hair, two hands pushed into the pockets of a cumbersome military jacketââ¬seemed menacingly close. After a couple of all the more fast impressions, she got her pace and was before long running decisively. In no time, she vanished into a go across road. That was over 10 years back. I was twenty-two years of age, an alumni understudy recently showed up at the University of Chicago. It was in the reverberation of that unnerved womanââ¬â¢s footfalls that I initially started to know the inconvenient legacy Iââ¬â¢d come intoââ¬the capacity to adjust open space in monstrous manners. Unmistakably she thought herself the quarry of a mugger, an attacker, or more awful. Enduring an episode of a sleeping disorder, nonetheless, I was following rest, not exposed wayfarers. As a softy who is hardly ready to take a blade to a crude chickenââ¬let alone hold one to a personââ¬â¢s throatââ¬I was astounded, humiliated, and unnerved at the same time. Her flight caused me to feel like an associate in oppression. It additionally clarified that I was vague from the muggers who at times saturated the zone from the encompassing ghetto. That first experience, and those that followed connoted that a tremendous, alarming inlet lay between evening time pedestriansââ¬particularly womenââ¬and me. What's more, I before long assembled that being seen as hazardous is a peril in itself. I just expected to transform a corner into an uncertain circumstance, or group some scared, equipped individual in an anteroom some place, or make an errant move in the wake of being pulled over by a cop. Where dread and weapons meetââ¬and they frequently do in urban Americaââ¬there is consistently the chance of death. In that first year, my first away from my old neighborhood, I was to turn out to be altogether acquainted with the language of dread. At dim, shadowy convergences, I could cross before a vehicle halted at a traffic light and inspire the clunk, thud, thud, thud of the driverââ¬black, white, male, or femaleââ¬hammering down the entryway locks. On less voyaged lanes after dim, I became used to however never OK with individuals intersection to the opposite side of the road instead of pass me. At that point there were the standard unpleasantries with cops, concierges, bouncers, cabdrivers, and others whose business it is to screen out problematic people before there is any awfulness. I moved to New York about two years prior and I have stayed an eager night walker. In focal Manhattan, the close steady group spread limits tense one-on-one road experiences. Elsewhereââ¬in SoHo, for instance, where walkways are limited and firmly divided structures shut out the skyââ¬things can get tight to be sure. After dim, on the warrenlike roads of Brooklyn where I live, I regularly observe ladies who dread the most exceedingly terrible from me. They appear to have set their countenances on nonpartisan, and with their tote ties hung over their chests bandolier-style, they move forward as if preparing themselves against being handled. I comprehend, obviously, that the peril they see isn't a mind flight. Ladies are especially defenseless against road brutality, and youthful dark guys are radically overrepresented among the culprits of that viciousness. However these facts are no comfort against the sort of estrangement that happens to being ever the suspect, a fearsome element with whom people on foot abstain from looking. It isn't inside and out clear to me how I arrived at the mature age of twenty-two without being aware of the lethality evening time people on foot credited to me. Maybe it was on the grounds that in Chester, Pennsylvania, the little, furious mechanical town where I grew up during the 1960s, I was barely perceptible against a setting of group fighting, road knifings, and murders. I grew up one of the great young men, had maybe about six fistfights. All things considered, my bashfulness of battle has clears sources. As a kid, I saw endless intense folks bolted away; I have since covered a few, as well. They were babies, reallyââ¬a high school cousin, a sibling of twenty-two, a cherished companion in his mid-twentiesââ¬all gone down in scenes of swagger happened in the roads. I came to question the ideals of terrorizing from the get-go. I picked, maybe unwittingly, to stay a shadowââ¬timid, yet a survivor. The fearsomeness erroneously ascribed to me in broad daylight puts regularly has a risky flavor, the most terrifying of these disarrays happened in the late 1970s and mid 1980s, when I functioned as a writer in Chicago. At some point, hurrying into the workplace of a magazine I was composing for with a cutoff time story close by, I was confused with a thief. The workplace director called security and, with a specially appointed force, sought after me through the complex corridors, almost to my editorââ¬â¢s entryway. I had no chance to get of demonstrating what my identity was. I could just move energetically toward the organization of somebody who knew me. Some other time I was on task for a nearby paper and killing time before a meeting. I entered an adornments store on the cityââ¬â¢s prosperous Near North Side. The owner pardoned herself and came back with a tremendous red Doberman pinscher resisting the finish of a chain. She stood, the canine reached out toward me, quiet to my inquiries, her eyes protruding almost off of her mind. I investigated, gestured, and bade her goodbye. Moderately, be that as it may, I never fared as seriously as another dark male writer. He went to close by Waukegan, Illinois, two or three summers prior to chip away at an anecdote about a killer who was conceived there. Confusing the columnist with the executioner, cops pulled him from his vehicle at gunpoint and yet for his press accreditations would presumably have attempted to book him. Such scenes are normal, Black men exchange stories like this constantly. Throughout the years, I figured out how to cover the fury I felt at so regularly being taken for a crook. Not to do so would most likely have prompted franticness. I currently avoid potential risk to make myself less undermining. I move about with care, especially late at night. I give a wide billet to anxious individuals on metro stages during the extremely early times, especially when I have traded business garments for pants. In the event that I happen to enter a structure behind certain individuals who seem restless, I may stroll by, letting them clear the hall before I return, so as not to appear to be tailing them. I have been quiet and incredibly amicable on those uncommon events when Iââ¬â¢ve been pulled over by the police. What's more, on late-night constitutionals I utilize what has end up being an amazing pressure lessening measure: I whistle tunes from Beethoven and Vivaldi and the more famous traditional arrangers. Indeed, even steely New Yorkers slouching toward evening time goals appear to unwind, and at times they even participate in the tune. For all intents and purposes everyone appears to detect that a mugger wouldnââ¬â¢t be chattering brilliant, radiant choices from Vivaldiââ¬â¢s four seasons. It is my likeness the cowbell that explorers wear when they realize they are in bear nation.
Monday, August 10, 2020
Effects of Premenstrual Symptoms on Bipolar Disorder
Effects of Premenstrual Symptoms on Bipolar Disorder Bipolar Disorder Print Effects of Premenstrual Symptoms on Bipolar By Marcia Purse Marcia Purse is a mental health writer and bipolar disorder advocate who brings strong research skills and personal experiences to her writing. Learn about our editorial policy Marcia Purse Medically reviewed by Medically reviewed by Daniel B. Block, MD on November 23, 2019 twitter linkedin Daniel B. Block, MD, is an award-winning, board-certified psychiatrist who operates a private practice in Pennsylvania. Learn about our Medical Review Board Daniel B. Block, MD Updated on February 21, 2020 Bipolar Disorder Overview Symptoms & Diagnosis Causes Treatment Living With In Children Your Rights eclipseimages/E/Getty Images In This Article Table of Contents Expand Effects Occurrence Premenstrual Symptoms vs. PMDD Can Bipolar Disorder Be Misdiagnosed as PMDD? Accessing the Role of PMS in Bipolar Disorder Treatment and Management View All What are the effects of premenstrual symptoms (PMS) or premenstrual dysphoric disorder (PMDD) on bipolar disorder? Lets take a look at what studies tell us about premenstrual symptoms superimposed on bipolar disorder, how these symptoms can be distinguished from one another, some testimonies from women who have experienced this dreaded double duo of symptoms, and what can be done to manage the symptoms. As a final question, is the diagnosis of bipolar disorder ever missed, and the symptoms mistakenly attributed to premenstrual dysphoric disorder? Effects Living with bipolar disorder alone should be enough, yet studies tell us that many women with bipolar disorder have a worsening of symptoms during the premenstrual period.?? While it may seem obvious that the irritability of premenstrual tension would accentuate the symptoms of bipolar disorder, researchers have been able to demonstrate specific ways in which these monthly symptoms may exacerbate bipolar disorder. Women who report significant premenstrual symptoms: Have more episodes related to their bipolar disorder, most commonly depressive episodesExperience less time between episodesHave episodes which are more severe (including depressive, manic,?? and hypomanic episodes) Women who have premenstrual symptoms which exacerbate their symptoms of bipolar disorder have a worse course of illness, a shorter time to relapse, and more severe bipolar symptoms. Occurrence A large meta-analysis (a study that compares the results of several different studies) found that 44 to 68 percent of the women with bipolar disorder had some premenstrual-related mood changes, 22 to 77 percent of women with bipolar disorder met the criteria for premenstrual dysphoria, and 15 to 27 percent met the criteria for premenstrual dysphoric disorder (PMDD). Premenstrual Symptoms vs. PMDD Premenstrual symptoms, when they occur, usually occur during the luteal phase of a womans menstrual cycle. This usually corresponds to the two week period between ovulation (which generally occurs mid-cycle) and the time menstruation begins. The different terms used to describe these symptoms are based primarily on the severity of symptoms. Premenstrual syndrome (PMS) is used to describe the very common irritability and emotional lability in women before their periods. Premenstrual dysphoric disorder has specific criteria, and is more likely to be diagnosed when premenstrual symptoms significantly affect your quality of life.?? Its important to note that there may be overlap as a womans premenstrual symptoms can vary month to month. Can Bipolar Disorder Be Misdiagnosed as PMDD? The answer to whether or not someone can be erroneously be diagnosed with PMDD when they really have bipolar disorder is yes.?? This is one reason it is important for women with PMDD to track their symptoms (see below). Accessing the Role of PMS in Bipolar Disorder It can clearly be helpful to determine if PMS or PMDD are exacerbating your bipolar disorder, but unfortunately, this isnt very easy. There are no blood tests or hormonal tests, and the only way to figure this out is to track your symptoms daily for at least two months.?? Some women keep a journal, making a note each day. A somewhat objective way is to write down symptoms such as irritability and energy level, giving each of these symptoms a number between one and ten. For example, you could rate your irritability level as one, meaning you barely feel irritable, or a ten, referring to irritability that is as bad as it ever gets. There are other tools which can help you follow your symptoms such as PMDD symptom tracker, or one of the phone apps available such as Clue Connect. Tracking periods can also be helpful for those who have been diagnosed with PMDD but are concerned that they may actually have bipolar disorder. Treatment and Management Since premenstrual symptoms and PMDD can significantly worsen bipolar disorder, its important to control PMDD symptoms as well as possible. Treatment options for PMS/PMDD include: Lifestyle changes - Avoiding alcohol and caffeine can be helpful, and exercise is critical.?? Dietary changes can make a difference and include eliminating high glycemic index carbohydrates as much as possible. A glycemic index chart can be helpful to figure out which foods this includes.Alternative treatments - It is important to talk to your psychiatrist before trying any alternative therapies, though nutritional supplements such as chasteberry?? and calcium carbonate may help some people.Relaxation therapy including activities such as meditation and yoga may help some people and have a low risk of side effects.Birth control pills may help some people, though this approach is most effective for those with mild symptoms and can sometimes worsen symptoms. Estrogen patches, oral progesterone, and gonadotropin-releasing hormones are second-line treatments that may offer some relief. Selective serotonin reuptake inhibitors (SSRIs) such as Prozac (fluoxetine) are often used for women without bipolar disorder but should be avoided for those with bipolar disorder (due to the risk of precipitating a manic episode.) If these medications are used they should most often be used along with a mood stabilizer or antipsychotic medications, and then only with extreme caution. Since SSRIs are used very commonly for people with PMS/PMDD, this is an important reason why its important to distinguish between PMDD and bipolar disorder.
Saturday, May 23, 2020
Does a Mother owe a Duty of Care to her unborn child - Free Essay Example
Sample details Pages: 9 Words: 2605 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Childhood Essay Duty Essay Did you like this example? ASSIGNMENT 1: TOPIC 2 OVERVIEW Traditionally, legal protection was rarely granted to unborn child and in the event they were granted such protection, it was strictly dependent on their live birth.[1] Since then, the law governing a motherà ¢Ã¢â ¬Ã¢â ¢s liability for prenatal injury has evolved and varies drastically across many jurisdictions. For example, in Canada, the courts generally take into account several policy factors to grant them immunity from liability. It is to be expected that a large majority of society would accept the proposition that a mother is required to care for and protect her child for many reasons such as emotional and moral reasons. Donââ¬â¢t waste time! Our writers will create an original "Does a Mother owe a Duty of Care to her unborn child?" essay for you Create order However, it is unclear whether such a percentage would agree with the fact that a mother would be liable for causing prenatal injuries to her unborn child. Perhaps the most important issue of granting mothers full immunity is that the child would not be compensated for their prenatal injuries from their mother and also from third parties like insurers. This article will examine the current law across various jurisdictions like Canada and the United Kingdom (particularly the various policy considerations adopted) in order to ascertain the most suitable approach to be implemented in Australia, since the question whether a mother owes a duty of care towards her unborn child is still unsettled in this jurisdiction. This article will also consider arguments for and against imposing a duty of care. Lastly, it concludes with a suggestion that a mother should not be liable for causing prenatal injury to her unborn child other than in motor vehicle accidents[2] and why this will be the mos t appropriate approach. INTRODUCTION Essentially, a duty of care is à ¢Ã¢â ¬ÃÅ"an obligation imposed on a person to take reasonable care to ensure that they do not cause another person to suffer harmà ¢Ã¢â ¬Ã¢â ¢.[3] The relationship between a parent and a child is one such circumstance that draws such a duty of care to be imposed in some jurisdictions. It has been accepted by many that the duty of care outlined above will only accrue when a child is born and possesses legal rights.[4] Having said that, some commentators are of the view that since a fetus is completely dependent upon his mother for nourishment and life, a pregnant woman should owe a similar duty of care to her unborn child.[5] It is without a doubt that the right of an unborn child to sue its mother will bring about several ethical and moral issues that will put a strain on family ties. In Australia, when a child is born it is automatically entitled to sue for breach of rights.[6] The courts have extended this view to include situations wh ere the unborn child sustains injuries prior to being born.[7] It is well established that the courts have held third parties like negligent road users[8] and doctors[9], liable for injuries inflicted onto an unborn child. Although the child possessed no legal rights when the damage was inflicted, it materializes when it is born and hence, reflects the laws of negligence which states that a cause of action does not accrue until damage or harm is suffered. Conversely, the courts are reluctant to apply such standards of care when it concerns prenatal injuries inflicted upon an unborn child by its mother resulting in à ¢Ã¢â ¬ÃÅ"maternal immunityà ¢Ã¢â ¬Ã¢â ¢ for such injuries. Currently in Australia, a mother owes no such duty of care towards her child except in the event of road accidents.[10] It should be noted at this stage that whilst Australia has not applied such a duty of care in such circumstances, the courts have neither rejected it completely[11], unlike the appro aches adopted in Canada and United Kingdom. CURRENT LAW CANADA In Canada, policy factors have to be taken into account before reaching a decision as to whether a mother owes a duty of care to her unborn child. This issue was dealt with in the landmark cases of Winnipeg Child and Family Services (Northwest Area) v G (DF) [1997] 3 SCR 925 (Winnipeg Child and Family Services) and Dobson (Litigation Guardian of) v. Dobson [1999] 2 S.C.R. 753 (Dobson), where the Supreme Court of Canada had first tackled this issue. Dobson involved a claim against a pregnant mother for causing injuries to her unborn child due to her negligent driving. Her fetus was apparently damaged in this and had to be delivered prematurely via caesarean section on the day of the accident. As a result, the child was born with cerebral palsy. A tort claim was brought by the maternal grandfather on behalf of the child in order to claim from his fatherà ¢Ã¢â ¬Ã¢â ¢s insurance policy so as to cover the damages caused by negligent driving. The majority in this case found that a pregnant woman should not be held liable in the situation as a claim for negligent driving should be treated no differently to any other negligent acts of the mother.[12] McLachlin JJ goes on to add that imposing such a liability would restrict a womanà ¢Ã¢â ¬Ã¢â ¢s rights. Specifically à ¢Ã¢â ¬ÃÅ"they would lose their liberty and not be treated equally with other women in societyà ¢Ã¢â ¬Ã¢â ¢[13]. The majority then went on to cite the test laid out in Kamloops[14]. Following Kamloops, the Court said a duty of care is recognized if the involved parties are closely related and if the issue raises questions about public policy. One might argue that although a fetus and its mothers are usually seen as one person, the Court in this case addressed the issue as if they were two separate people. It is also vital to note that the à ¢Ã¢â ¬ÃÅ"reasonable pregnant womanà ¢Ã¢â ¬Ã¢â ¢ standard of care is an objective test. The majority in this case deemed it to take into account in this case[15] as it will raise many issues regarding a pregnant womanà ¢Ã¢â ¬Ã¢â ¢s personal lifestyle choices which will have a negative impact on her privacy and way of life. Eventually, the majority came to a conclusion that public policy factors associated with imposing a duty of care on mothers towards their unborn child à ¢Ã¢â ¬ÃÅ"are of such a nature and magnitude that they clearly indicate that a legal duty of care cannot and should not be imposed by Courtsà ¢Ã¢â ¬Ã¢â ¢.[16] Hence, the Court held that the public policy considerations were paramount and outweighed any sufficiently close relationship between the parties that gave rise to the duty of care and that the mother did not owe a duty of care her unborn child even in circumstances where it involved motor vehicle accidents. It should be noted that Australian courts reach a different decisions as times due to the fact that emphasis is not placed on applying the public policy considerations in such cases. Also, when it concerns motor vehicle accidents in Australia, the mother is held liable for prenatal injuries caused to her unborn child if she was negligent without weighing the public policy considerations. In Winnipeg, the Supreme Court of Canada held that a pregnant woman who was addicted to glue sniffing could not be taken away against her will in trying to protect the interest of her unborn child. The Court concluded that they had no jurisdiction to interfere in such matters and that it was beyond the scope of the Courtà ¢Ã¢â ¬Ã¢â ¢s power to detain a pregnant woman against her will. As such, the Court stated that, à ¢Ã¢â ¬ÃÅ"To extend the law of tort to permit an order for the detention and treatment of a pregnant woman for the purpose of preventing harm to the unborn child would require major changes to the existing law à ¢Ã¢â ¬Ã ¦ these are the sort of changes which should be left to the legislatureà ¢Ã¢â ¬Ã¢â ¢.[17] UNITED KINGDOM The current law in the United Kingdom surrounding this issue is very similar to that adopted in Australia.[18] The Congenital Disabilities (Civil Liability) Act 1976 (UK) grants mothers a legal immunity from liability for causing prenatal injuries to her unborn child. However, the court cited that a legal duty should be imposed where it is the result of a motor vehicle accident.[19] Section 2 of the Congenital Disabilities Act states: A woman driving a motor vehicle when she knows (or ought reasonably to know) herself to be pregnant is to be regarded as being under the same duty to take care for the safety of her unborn child as the law imposes on her with respect to the safety of other people; and if in consequence of her breach of that duty her child is born with disabilities which would not otherwise have been present, those disabilities are to be regarded as damage resulting from her wrongful act and actionable accordingly at the suit of the child. In enacting this leg islation, the United Kingdom Law Commission also took into consideration public policy factors that was applied in other jurisdictions.[20] AUSTRALIA As discussed above, only a third party, who is not the mother of the unborn child, can be found to have owed a duty of care to the child.[21] In Lynch v Lynch (by her tutor Lynch) (1991) 25 NSWLR 411 (Lynch v Lynch), a mother was found guilty of negligent driving, causing an accident which resulted in cerebral palsy in her unborn child. Public policy factors were not applied in this case as Clarke JA held that the question before the court was à ¢Ã¢â ¬ÃÅ"very narrow and related specifically to road accidents.à ¢Ã¢â ¬Ã¢â ¢[22] The court also took into account whether there was a presence of a compulsory motor vehicle insurance in concluding whether the mother owed a duty of care to her unborn child.[23] The majority decision in Lynch v Lynch was affirmed and cited in Bowditch v McEwan [2002] QCA 172 (Bowditch v McEwan). It has been long established that a duty of care is owed to pedestrians and other road users.[24] However, Watt v Rama extended this duty of care to inco rporate fetuses injured in road accidents. In this case, a mother who was pregnant caused injuries to her unborn child as a result of her negligent driving. The child subsequently suffered from epilepsy and brain damage. The mother denied that she owed her unborn child a duty of care whilst it was still in her womb. However, the Victorian Supreme court held that since the child was born handicapped as a result of the injuries sustained while it was still in its motherà ¢Ã¢â ¬Ã¢â ¢s womb, attracts a duty of care. As a result, it was immaterial whether the child was born or not when the injury was sustained, so as long as the victim fell into a category of people that would be affected by a negligent act caused by someone else. Although the Australian courts are required to specifically apply public policy considerations in ascertaining whether a duty of care exists, it is not as rigid and explicit as the approach adopted in Canadian courts. ARGUMENTS FOR IMPOSING A DUTY OF CARE There are many factors that needs consideration when a jurisdiction imposes a duty of care that will attract an ethical and legal difficulties. The pivotal argument put forth in cases in imposing a duty of care is that a fetus is solely dependent upon its mother for nutrition in order for it to develop healthily.[25] Hence, it is reasonable foreseeable that any negligent acts would have a undesirable impact on the unborn child. Unquestionably, the proximity test would satisfy the neighborhood principle established in Donoghue v Stevenson.[26] In addition, by imposing a duty of care, a mother will most likely act in the best interests of her unborn child. For example, a pregnant woman might refuse to attend medical checkups or follow medical advice that would benefit the unborn child. Also, she might refrain from harmful activities like smoking and drinking that will negatively impact upon an unborn child. ARGUMENTS AGAINST IMPOSING A DUTY OF CARE. Some factors would prevent such a duty from being imposed due to the repercussions it might have on the society as well as in their personal lives. This mainly revolves around preserving the autonomy and privacy of a pregnant woman.[27] As discussed in this article, Cory J in Dobson v Dobson, made it clear that a pregnant womanà ¢Ã¢â ¬Ã¢â ¢s rights must be upheld as first and foremost, she is a human being and should be afforded the same rights as others. The courts are also reluctant on imposing a general duty of care as this would encourage children to sue their parents in negligence. If this trend continues, it could have adverse effects on the relationship between the mother and the child as well as the rest of its family.[28] However, this reason on its own is not sufficient to complete eradicate the duty of care owed to an unborn child. SUGGESTED APPROACH FOR AUSTRALIA? On one hand, it is very important for a mother to consider how her actions might have an impact on her unborn child, however, it is not in the hands of the judiciary to dictate how she should live her personal life as that would interfere with her right to privacy. While Australian courts have not imposed a general duty of care in such cases, it has not been rejected as well. 1 [1] Lenow, The Fetus as Patient: Emerging Rights as a Person?, 9 AM. J. L. MED. 1, 3 (1983). [2] Watt v Rama [1972] VR 353. [3] LexisNexis, Encyclopaedic Australian Legal Dictionary, LexisNexis https://www.lexisnexis.com.au. [4] X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26, 30 (Mahoney JA). [5] Beal, Can I Sue Mommy? An Analysis of a Womans Tort Liability for Prenatal Injuries to Her Child Born Alive, 21 San Diego L. Rev. 325, 326 (1984). [6] X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26, 30 (Mahoney JA). [7] X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26, 41 (Clarke JA) stated that: à ¢Ã¢â ¬ÃÅ"In principle it should be accepted that a person may be subjected to a duty of care to a child who was neither born nor conceived at the time of his careless acts or omissions such that he may be found liable in damages to that child.à ¢Ã¢â ¬Ã¢â ¢ [8] Watt v Rama [1972] VR 353; Road Accident Fund v Mtati (332/2004) [2005] ZASCA 65; [2005] 3 All SA 340 [9] Yvonne Joyce McLennan v McCallum [2007] WADC 67. [10] Lynch v Lynch (1991) 25 NSWLR 411 affirmed in Bowditch v McEwan [2002] QCA 172. [11] Kate Wellington, à ¢Ã¢â ¬ÃÅ"Maternal Liability for Prenatal Injury: The Preferable Approach for Australian Law?à ¢Ã¢â ¬Ã¢â ¢ (2010) 18 Tort Law Review 89, 90. [12] Dobson (Litigation Guardian of) v. Dobson, [1999] 2 S.C.R. 753 (Lamer CJ, LHeureux-DubÃÆ'à ©, Gonthier, Cory, McLachlin, Iacobucci, Binnie JJ; Major, and Bastarache JJ dissenting). [13] Dobson (Litigation Guardian of) v Dobson [1999] 2 SCR 753, [19] (Cory J). [14] City of Kamloops v. Nielsen (1984) 2 SCR 2. [15] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Policy, 2013: 5. [16] Dobson (Litigation Guardian of) v Dobson [1999] 2 SCR 753, [76] (Cory J). [17] Winnipeg Child and Family Services (Northwest Area) v G (DF) [1997] 3 SCR 925. [18] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Policy, 2013: 9. [19] Congenital Disabilities (Civil Liability) Act 1976 (UK), s 2. [20] United Kingdom, Law Commission, Injuries to Unborn Children, Report No 60 (1974) Cmnd 5709, pp 53-64. [21] Watt v Rama [1972] VR 353 affirmed in X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26. [22] Lynch v Lynch(by her tutor Lynch)(1991) 25 NSLR 411, 415 (Clarke JA). [23] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Policy, 2013: 8. [24] Manley v Alexander [2005] HCA 79. [25] Do, Christina and Mapulanga-Hulston, Jackie. The ethical and legal conundrum: Should a mother owe a duty of care to her unborn child? [online]. Journal of Applied Law and Polic y, 2013: 3. [26] Donoghue v Stevenson [1932] AC 562. [27] Bowditch (by his next friend Bowditch) v McEwan [2001] QSC 448, [10]. [28] Dobson (Litigation Guardian of) v Dobson [1999] 2 SCR 753, [46] (Cory J).
Tuesday, May 12, 2020
The Lottery, By Shirley Jackson - 1227 Words
ââ¬Å"The Lottery,â⬠the short story by Shirley Jackson. The plot is not too hard to understand except that you do not realize what is going on until the very end. It talks about the people gather in the village square. Then they seem to be gathering up stones especially the children, and then there is the actual lottery. That means a drawing where somebody is going to ââ¬Å"win.â⬠Now, it turns out that after everybody pulls out their pieces of paper, and there is this elaborate ritual where family unit go and then the actual family members draw their numbers. But finally, Tessie Hutchinson, one of the house wives, one of the mothers in the community, gets the paper with the black dot on it, and she does not win anything good. In fact she is markedâ⬠¦show more contentâ⬠¦The second paragraph, it is like an innocent game, but the stonesââ¬â¢ actual reason turn out to be obviously toward the end of story. According to ââ¬Å"Bobby Martin had already stuffed his p ocket full of stones, and the other boys soon followed his example, selecting the smoothest and roundest stones- eventually made a great pile of stones in one corner of the square and guarded it against the raids of the other boys.â⬠(Jackson 290). Before the villagers arrive, they were carrying with them a less happy tone. The villagersââ¬â¢ exchange a bit of gossip laughing quietly. The way that the men assembled far from the stone pile, and they realize what is going to happen is not right. They donââ¬â¢t have the enthusiasm of the kids, who truly are not awareness and mature enough to realize their actions. They think it as a sort of a game. The author makes some scenes are used for foretelling ahead as a part of the story by specifying the pile of stones and the way the villagers keep a space from it. ââ¬Å"They stood together, away from the pile of stones in the corner, and their jokes were quiet and they smiled rather than laughed.â⬠(Jackson 291). The author gives us something was happened like the horrific ending of the tradition. We get one explanation of why this lottery even exists from one of the characters, Old Man Warner. He explains that thereââ¬â¢s some connection between the corn thatââ¬â¢s growing and this ritual. So he says ââ¬Å"Lottery in June, corn
Wednesday, May 6, 2020
Canned Tuna Free Essays
As a result of numerous consumer complaints of dizziness and nausea, Promofoods requested that eight million cans of tuna be returned for testing last year. Promofoods concluded that the cans did not, after all, contain chemicals that posed a health risk. This conclusion is based on the fact that the chemists from Promofoods tested samples of the recalled cans and found that, of the eight chemicals most commonly blamed for causing symptoms of dizziness and nausea, five were not found in any of the tested cans. We will write a custom essay sample on Canned Tuna or any similar topic only for you Order Now The chemists did find that the three remaining suspected chemicals are naturally found in all other kinds of canned foods. The argument is based on consumer complaints of nausea and dizziness after consumption of canned tuna. But chemists have tested some samples of canned tuna and have reported that they are free from any chemical which can pose a health risk. In response to the complain of the customers, some eight million cans of tuna has been sent and tested by the chemists of Promofoods. The chemists reported that the canned tuna are free from the five out of the eight chemicals which can cause symptoms of dizziness and nausea. And the other three cannot be blamed because they are naturally found in all types of canned food. But the results of the test do not provide strong evidence to proof that the canned tuna is free from chemicals which can pose health risk. The chemists have reported that the three chemicals found in canned tuna are found in other canned food also. So, they are harmless. But we should remember that chemicals in contact with different substances behave differently. So, the three chemicals might become harmful when they come in contact with tuna. So, the chemists must have tested how these chemicals behave when they are present in canned tuna. Again, a substance might be harmless when it is present in small amount. But the same substance might be harmful when it is present in large amount. So, while testing the chemists should have determined the percentage of these chemicals in canned tuna. The test reports are being based on the tests done on the eight million samples but not on those which actually caused the customers to complain. The consumed cans should have been brought and tested in order to proof with stronger evidence the safety in consumption of canned tuna. Again, the chemists have concentrated only on the eight chemicals which can cause dizziness and nausea. But there are chemicals too which can cause these effects in the consumers. Therefore, the chemists should not totally ignore the presence of other chemicals. In short, we see that the tests conducted by Promofoods have failed to provide sufficiently strong evidence that can proof that the canned tuna was not responsible for causing dizziness and nausea among the consumers. It should have performed more detailed analysis of the consumed cans and reported the results with stronger evidence and precision. How to cite Canned Tuna, Papers
Canned Tuna Free Essays
As a result of numerous consumer complaints of dizziness and nausea, Promofoods requested that eight million cans of tuna be returned for testing last year. Promofoods concluded that the cans did not, after all, contain chemicals that posed a health risk. This conclusion is based on the fact that the chemists from Promofoods tested samples of the recalled cans and found that, of the eight chemicals most commonly blamed for causing symptoms of dizziness and nausea, five were not found in any of the tested cans. We will write a custom essay sample on Canned Tuna or any similar topic only for you Order Now The chemists did find that the three remaining suspected chemicals are naturally found in all other kinds of canned foods. The argument is based on consumer complaints of nausea and dizziness after consumption of canned tuna. But chemists have tested some samples of canned tuna and have reported that they are free from any chemical which can pose a health risk. In response to the complain of the customers, some eight million cans of tuna has been sent and tested by the chemists of Promofoods. The chemists reported that the canned tuna are free from the five out of the eight chemicals which can cause symptoms of dizziness and nausea. And the other three cannot be blamed because they are naturally found in all types of canned food. But the results of the test do not provide strong evidence to proof that the canned tuna is free from chemicals which can pose health risk. The chemists have reported that the three chemicals found in canned tuna are found in other canned food also. So, they are harmless. But we should remember that chemicals in contact with different substances behave differently. So, the three chemicals might become harmful when they come in contact with tuna. So, the chemists must have tested how these chemicals behave when they are present in canned tuna. Again, a substance might be harmless when it is present in small amount. But the same substance might be harmful when it is present in large amount. So, while testing the chemists should have determined the percentage of these chemicals in canned tuna. The test reports are being based on the tests done on the eight million samples but not on those which actually caused the customers to complain. The consumed cans should have been brought and tested in order to proof with stronger evidence the safety in consumption of canned tuna. Again, the chemists have concentrated only on the eight chemicals which can cause dizziness and nausea. But there are chemicals too which can cause these effects in the consumers. Therefore, the chemists should not totally ignore the presence of other chemicals. In short, we see that the tests conducted by Promofoods have failed to provide sufficiently strong evidence that can proof that the canned tuna was not responsible for causing dizziness and nausea among the consumers. It should have performed more detailed analysis of the consumed cans and reported the results with stronger evidence and precision. How to cite Canned Tuna, Papers
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