Wednesday, July 31, 2019

Case Study Irs and Datawarehousing

Interactive Session: Organizations: The Internal Revenue Service Uncovers Tax Fraud with a Data Warehouse Case Study Questions: 1. Why was it so difficult for the IRS to analyze the taxpayer data it had collected? Initially, IRS data were stored in legacy systems designed to process tax return forms efficiently and organized in many different formats, including hierarchical mainframe databases, Oracle relational databases, and non-database â€Å"flat† files.The data in the older style hierarchical databases and â€Å"flat† files were nearly impossible to query and analyze and could not easily be combined with the relational data. 2. What kind of challenges did the IRS encounter when implementing its CDW? What management, organization, and technology issues had to be addressed? The challenges the IRS encountered when it implemented its CDW include: Management: Convincing the organization to undergo a sweeping upgrade like a data warehouse implementation was not easy, sin ce government agencies are normally risk-adverse and resist changes.Data warehouses require extensive effort to keep up-to-date. Organization: The structure of data wasn’t consistent because of tax law changes through the years. This made integration of the data a complicated process. The sheer amount of data that the CDW was slated to manage was far more than anything the IRS had previously handled. Data warehouses tend to require extensive amounts of money to keep up-to-date. Technology: The CDW has grown in capacity from three terabytes at its creation in the late 1990s to approximately 150 terabytes of data.The most important feature of the data warehouse was that it be sufficiently large to accommodate multiple terabytes of data, but also accessible enough to allow queries of its data using many different tools. The components that the IRS selected allowed CDW to do that. Conversion of the legacy data to the new system was not a uniform process. 3. How did the CDW improv e decision making and operations at the IRS? Are there benefits to taxpayers? The CDW enables highly flexible queries against one of the largest databases in the world.IRS researchers can now search and analyze hundreds of millions or even billions of records at one time using a centralized source of accurate and consistent data instead of having to reconcile information from multiple inconsistent sources. The CDW allows the agency to recoup many billions of dollars in tax revenue that was lost under the old system. In 2006 the IRS collected $59. 2 billion in additional revenue via 1. 4 million audits of taxpayers questioned for underreporting taxes. Using the data warehouse, analysts are able to determine patterns in groups of people most likely to cheat on their taxes.The data warehouse reduced the time it takes to trace mistakes in claims and analyze data from six to eight months to only a few hours. The CDW is more secure than the old legacy system storage tapes, thereby better protecting taxpayer data. 4. Do you think data warehouses could be useful in other areas of the federal sector? Which ones? Why or why not? Other federal agencies that might find data warehouses useful include: †¢ Department of Defense: maintain all personnel data from all four branches of the military including active duty, Guard, Reserve, and retired people.During times of war or national emergencies the data warehouse could supply information on people most qualified and available to respond to the emergency. All kinds of information and analyses could be performed if the data were consistent and complete. †¢ Federal Trade Commission: could combine data on consumer-related activities into one data warehouse that would be available to all branches of government and private organizations. Data could help analyze economic situations and factors so that businesses and governments could make faster and better decisions.

Tuesday, July 30, 2019

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

Monday, July 29, 2019

Arguments in Akbar’s the Great

Arguments in Akbar’s the Great Akbar was living in the mid 1500’s and the early 1600’s. Akbar lived in india. Akbar was only 14 years of age when he took over the throne and surpassed his father. 1564 was the year that akbar was almost assassinated and killed buy a bullet. The bullet did not kill him it only struck his shoulder and Akbar lived. Shortly after this Akbar the Great took the reigns of the mughal empire and he took over the empire. A anti mughal coalistin that was maniley a bunch of afghanis tried to pull of something out of the ordinary, They tried to recapture the throne, it didn’t turn out that well because they loses the battle against the Mughals, The mughals are akbar’s empire.Akbar was an ambitos and noble commander. Akbar built one of the biggest armies known to the mughal empire. One barrier that akbar happen to come across was the afghanis in india. The afghanis where one of the most dangerous to the mughal empire.Akbar declared his intentions to reclaim the rights to the throne at the delhi. The huge mughal empire moved to panipat to conquer and the Mughals faced hemu’s. One of the biggest problem here is that hemu’s army was giant. Even bigger than the Mughals. Even 3x larger than it. It was almost impossible for the mughals to defeat hemu’s army. So Akbar’s hope for the throne is almost gone at this point. But the Mughals army was smarter than hemu’s because the mughals struck the leader of the hemu’s. When a empire or an army doesn’t have a leader they don’t know what they do so they surrendered and akbar took over the throne again. Thesis Akbar was an Agent of change because he was so powerful he extended his empire at 14 years of age, he revised the tax system and he was religiously open minded . Argument 1 Evidence 1 Akbar ruled through cooperation and tolerance. Akbar did not make any of the hindu population/ people convert to islam if they didn’t want to. Akbar also was able to translate hindi literature he was very welcoming of other religions as he was a very curious person. Argument 1 Evidence 2 Akbar the great was a fabulous general and he extended on his military development throughout his reign when akbar died his empire continued Argument 1 Evidence 3 In creation of his empire akbar had a lot of success because of that he created his empire and as a result of that he was able to earn trust and loyalty from the people who conquered him and then Akbar conquered them. Argument 2 Evidence 1 He inherited small fiefs but he was able to achieve stability, and over time he won control of northern india and the afghanis. By the time he dies he ruled from afghanistan to sindu. He was able to do that because he was a great and smart ruler who a lot of people respected. By his strategies to conquer and expand Argument 2 Evidence 2 Akbar the Great revised the tax system in 1574. When Akbar did this he separated the revenue collection from the military administration. Who was in charge of this stuff, you might ask? Well each subban or governor was to maintain order in his region. While all of this was going on a separate tax collector collected these property taxes and sent them to the capital. Argument 2 Evidence 3 The Stuff in evidence 2 supports this. That created checks and balances. In regions they didn’t have much money so the people otherwise known as the individuals, they had no troops. But the troops had no money, the troops and the individuals were dependent on the main source†¦ The central government. What the central government did was they doled out fixed salaries to both the military and civilian personnel according to rank. Argument 3 Evidence 1 Akbar was a really religious guy. He went to a lot of religious festivals even when it wasn’t even his own religion. Akbar built a temple in this certain temple he hosted scholars, they came from different religions. Those religions included hindus, zoroastrians, christians, yogis, and muslims of other sects. He allowed the jesuits to confront a church at agra. Argument 3 evidence 2 Not everybody really thought that the Temple was a good idea. They thought that multiculturalism wasn’t a good idea. Akbar was called a â€Å"heretic†. Mid way 1579 a mazer or declaration was issued that granted Akbar The Great the authority to interpret religious law, superseding the authority of the mullahs. This became known as the infallibility decree, and it furthered akbar’s ability to create an interreligious and multi cultural state. Argument 3 evidence 3 In 1582 Akbar had established a new cult, a cult is (a relatively small group of people having religious beliefs or practices regarded by others as strange or sinister.) But this wasn’t really a small group it was relatively large. The Din-i-ilahi, or otherwise known as ‘Divine faith†, that combined a bunch of elements of a bunch of different religions, that also included islam, hinduism and the zoroastrianism. What this faith did was it centered around Akbar The Great as a prophet or a spiritual leader. This faith Died when Akbar died.

Sunday, July 28, 2019

Terrorism and the Law Essay Example | Topics and Well Written Essays - 2500 words

Terrorism and the Law - Essay Example As amended by IRTPA in December 2004 AEDPA section 2339B(a) defines material support as â€Å"any property, tangible or intangible or service, including money, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communication equipment, facilities, weapons, lethal substance, explosives, personnel, transportation, and with the exemption of medicine or religious materials (Samaha 468). The government must be able to prove that the â€Å"donor defendant acted with culpable intent knowledge† so as it is safe to say that such individual has provided material support to a terrorist organization (Samaha 468). 2. Terrorism is defined by at least four different kinds of laws. Name at least three kinds of laws. There are varying definitions of terrorism which makes it controversial and it is defined by different kinds of laws such as the following: International criminal law, National criminal law (e.g. United States La w Code), and general insurance policies. 3. The United Nations, The Arab Convention and European Convention define terrorism differently. Explain each definition. The United Nations The United Nations and the council on the suppression of terrorism seek to define it by adopting general legislative measures against it which results in serious legal consequences. As a result of this, the United Nations is encouraging every state to define terrorism in the context of National Law (Saul 141). The Arab Convention, On the other hand, the Arab Convention is very particular in excluding armed struggle against oppression from the definition of terrorism and its suppression. The threat to the right of securing self-determination and independence which can be counteracted by an armed struggle in whatever means is particularly excluded in the definition of terrorism (Williamson 59). This, therefore, paves the way for the difficulty in coming up with a universal definition of terrorism. European Convention European Convention on the other hand on its suppression of terrorism encourages States to consider terrorism and its acts not as political offenses or as being inspired by political motives (Dumitriu 587). 4. Yunis, Noriega, and Yousef were progressive rulings on extraterritorial jurisdiction. In a few sentences, what does each case stand for? Why are they considered progressive rulings? The US District Court decision of United States vs. Yunis case stands for the acceptance of certain principles of extraterritorial jurisdiction allowing prosecution of terrorists in the United States (Wegner). In other words, the said case has become the model for the prosecution of terrorists in the US courts. The Noriega case depicts how the head of the state can be brought before trials in the US courts. In the midst of this trial, Noriega case can substantially apply three types of immunity: foreign sovereign immunity, head of state immunity, and the act of state immunity. The case of Yousef, on the other hand, depicts the clash between the Iran Penal Code and the International Covenant on Civil and Political Rights. These two have certain principles that at some point would bring substantial consideration to the progress of the case. These three are considered progressive rulings because from time to time, various modifications, amendments or changes have been implemented on various laws in the world.  

Plowshares and Pruning Hooks Essay Example | Topics and Well Written Essays - 750 words

Plowshares and Pruning Hooks - Essay Example The mode in which prophecies have been presented continues to hinder many people from understanding prophecies. The figurative languages used do not show any relevance and meaning even if confirmed from the dictionary1. Another problem that faces people who try to interpret prophecies is emotional language used in the prophecies. Most prophecies are full of emotions, exaggerations, excitement, and shock and this affects the manner in which different people interpret and understand prophecies. Another problem that affects prophecies is that God does not mention conditions in promised blessings. God in form of visions and dreams sends most prophecies. The ability to interpret the symbolic visions and dreams from the figurative language to words and writings also affects the level of interpretation of the prophecies. Interpretation ability therefore depends on the feelings and temperaments of the prophet in question. Most prophets in their writing employ the use of apocalyptic literatur e, which is quite different from prophecy but just a sub-genre under prophecy. The use of apocalyptic literature is full of emotions, which are aiming at attracting and capturing the interest of the reader or the audience. This literature has helped me in understanding the scriptures more. Most of us read this prophesies and expect that things will happen exactly the same way as indicated in the scriptures. This piece of literature has changed my interpretation and understanding of the prophecies. I now understand why God does not give conditions and exact timeline as to when His promises will take place. Proper understanding of the descriptive and figurative language has also contributed to my understanding and interpretation of the scriptures. Part 2: The Gospel According to Isaiah 53 by Darrell L. Bock and Mitch Glaser Isaiah 2:1-22 The second chapter of Isaiah is written in form of a poem from the beginning to the fifth verse. Isaiah is praising God and giving his promises to Go d concerning the people of Israel. Poetry is amongst the seven key features that Isaiah uses in order to communicate his message and make the people of Israel to repent their evil ways and go back to God. The theme that Isaiah uses in his prophecy is the theme of anger. From verse six Isaiah is unhappy with the people of Israel for their continued disobedience to God. To express his anger, Isaiah goes to an extent of telling God not to forgive His people. Verse 9 â€Å"everyone will be humiliated and disgraced. Do not forgive them Lord†2. Isaiah also uses hyperbole in this prophecy in order to make people repent. In his prophecy he says that the Lord will destroy all the tall cedars of Lebanon and all the oaks of Bashan Isaiah 2: 13. In verse 14 of the same chapter, he says that the Lord will level all the mountains and hills due to His anger. In addition to this Isaiah uses exaggeration to communicate his message. He tells God that the Israelites land is full of silver and g old and therefore there is no end to their treasures. He also continues by arguing that their land is full of horses hence no end to their chariots. Just already discussed in part of this assignment, Isaiah does not give exactly the date when God’s wrath will inflict the people of Israel. Isaiah says in verse 11 that â€Å"a day is coming when human pride will be ended and human arrogance destroyed.† The scripture does not identify exactly when this will happen. It is

Saturday, July 27, 2019

Issues in Human Resource Management Essay Example | Topics and Well Written Essays - 4250 words

Issues in Human Resource Management - Essay Example The qualities of an effectively managed employee according to Roosevelt T. [1978], relate to his ability to answer for himself and others the following five basic job related questions: i.Why am I here [How does he identify himself within the organiation] ii.Where am I going [What is his understanding of the goals of his unit and/or that of the entire organization How can he be a part of achieving that goal The manager is to let him know all these]. iii. How am I doing [He needs to know his performance and progress towards achieving the overall goal and objective of his unit/organisation]. iv. What is in it for me [What are the rewards for him for achieving results] v. What happens when I need help [How are they reinforced for doing good job What is the process of delivering the reward A manager can define for the subordinates what rewards he can give within a specific context]. An average worker and an average employer will expect the following from each other under a typical employment contract: EXPECTATIONS By Manager By Worker T O R E C E I V E Cooperative effort Problem solving by the worker Considerable self management Production beyond the minimum required Improvements in overall group performance Open communications of any unresolved problem Cooperative effort Some problem solving Some self management Service beyond the minimum required Performances as required T O G I V E T O G I V E * Adequate compensation Sense of belonging to company Sense of importance Sense of accomplishment Sense of purpose Training & knowledge Sense of fulfillmentAdequate compensation Sense of belonging Sense of accomplishment Sense of being valued T O R E C E I V E *In this instance, "to give"... Does the manager/management carry along the staff Do they have any definite goals/objectives to which their efforts could be channeled Are the mission and vision of the organization clearly made known to the staff v. What happens when I need help [How are they reinforced for doing good job What is the process of delivering the reward A manager can define for the subordinates what rewards he can give within a specific context]. *In this instance, "to give" should read as "to facilitate realisation of." [Adapted from Lashrook 1981b, Leader Manager] and supported by Rensis Likert and Jane Gibson Likert,[Integrative Goals & Consensus in Problem Solving] Rosabeth Moss Kanter [Empowerment] and Roger Harrison [Strategy for a New Age]. Things such as reducing time spent at work, spiraling wages, fringe benefits, etc have at one time or the other failed to bring out the expected result from an employee. It goes to suggest that it takes more than these incentives to motivate some people in order to get the best out of them, i.e. in terms of job performance and behaviour. In his hygiene factors/motivation, Herzberg tries to explain that certain issues bring job satisfaction and certain issues cause job dissatisfaction. Herzberg's studies revealed that the factors involved in producing job satisfaction [motivators] are separate and distinct from those that lead to job dissatisfaction.

Friday, July 26, 2019

Book review of The Holocaust in History by Michael R Marrus Essay

Book review of The Holocaust in History by Michael R Marrus - Essay Example The Holocaust in History is a book that affiliates to a broad historical perspective, which deserves a good and exhaustive reading by the students of history, if not by the lay people. Its goes without saying that Marrus did resort to an exhaustive research and documentation, to come out with this immaculately contrived introduction as to how the historians tend to write about the Holocaust. The approach of Marrus tends to emphatically highlight the need for demystifying the Holocaust, so that it may be studied as an event in the contemporary Western history. Hence in this book, Marrus has systematically summarized the available authoritative historical writings pertaining to the salient aspects of the Holocaust that are, the pivotal position and scope of anti-Semitism in Nazism, the role played by the Jewish resistance, Jewish leadership and bystanders, and collaborators. To put it simply, The Holocaust in History has less to do with the history of the Holocaust and is more about th e historiography of the Holocaust. In The Holocaust in History Marrus does delve on the centrality of anti-Semitism to Nazism, but not in a very polarized perspective as preferred by many other historians. In the preface to this well written book, Marrus classifies the literature pertaining to Holocaust in two categories, one comprising of works drafted â€Å"as witness, or in commemoration, or as a sombre warning to future generations†; and the other that were meant to be â€Å"the modes of discourse, the scholarly techniques, and the kind of analysis used for all other historical issues.† Marrus’ work, The Holocaust in History primarily focuses on the second type of literature. In this book, Marrus primarily seems to be engrossed in the task of analyzing what the other historians have so far researched and written about the facts pertaining to the Holocaust, to dig out and analyze the details of what actually happened and how it happened, and to delve on the s alient causes behind the Holocaust. Though it may certainly surprise the contemporary students and teachers of history, yet, it is a fact that significant parts of the literature that Marrus relied on while writing The Holocaust in History, ascribes to 60s or later times. This is so because Marrus believes that in the aftermath of the Holocaust, either there was a scant interest in the Holocaust, or much historical writing, scholarship and documentation about Holocaust was â€Å"ghettoized† and not balanced. It was only in the early 60s or later that the Holocaust as a topic of historical interest experienced a turning point. According to Marrus, the Holocaust claimed the lives of six million Jews, yet to limit the scope and magnitude of Holocaust to the Jewish sufferers would be an immense historical travesty (p.8). To arrive at a total and realistic relevance of the Holocaust, the historians also need to take into account the six million non-Jewish sufferers who also had to bear with the tyranny and consequences of the Holocaust (Marrus p.9). The Holocaust also claimed the lives of millions of Gypsies, Russian POWs, Spanish Republicans, Poles, Czechs, French and homosexuals (Fischel p.38). Though, it is different that the Eastern victims of the Holocaust received a different treatment as compared to the victims from the Western Europe, both from the historians and the Western political leadership. While unravelling

Thursday, July 25, 2019

Life Cycle Nutrition Lab Report Example | Topics and Well Written Essays - 250 words

Life Cycle Nutrition - Lab Report Example This experiment was helpful in acquiring dietary information necessary to maintain a healthy body. The second lab dealt with enzyme and lactose intolerance. It was conducted to determine the ability of Lactaid to digest lactose. It was proven that Lactaid is effective when combined with milk and acid. Academic and scientific integrity should also be taken into account in the field of nutritional science. Consumers are entitled to truthful nutritional information. Otherwise, their health may be compromised. These experiments are beneficial in gaining more knowledge and awareness on our regular food intake. It encourages us to carefully select our food and evaluate our medications. As much as possible, efforts should be made to separate food myths from facts. In relation to the chosen Public Service Announcement (see Part III), our food is our responsibility. Therefore, the value of healthy food consumption among Americans should never be undermined. Ideally, food preference should not be based on availability alone, but more importantly on nutritional

Wednesday, July 24, 2019

Market Efficiency In The Presence of Extermalities Essay

Market Efficiency In The Presence of Extermalities - Essay Example Most positive economists admit the existence of barriers to competition. As such markets are incomplete given the imperfect information relayed to the consumer. Nevertheless, general equilibrium analysis is often utilized to as a theoretical tool to approximate reality. Market efficiency is rather a controversial concept that has attracted strong views, partly in regards to differences about what it really means on one hand, and on the other hand on investor approaches to investing. It is an economic concept that investigates the effects of allocation of scarce resources towards the well-being of the entire participant within a given economy. An efficient market is a market scenario where commodity prices reflect all information available (Fama 383). The degree of efficiency lies in the type if information incorporated into the prices and the speed with which such information are reflective of the market prices (Jensen 96). The question as to whether markets are or are not efficient is central to investment decisions. In a scenario where markets are efficient, commodity price signals provide the best investment appraisal criteria, and the appraisal process itself justifies the market price levels. Under circumstances of inefficient markets, commodities prices deviate from their true values, and the process of investment appraisals utilizes approximate bench marks in obtaining the viability of investment decisions. Valuation under efficient market conditions yields ‘higher’ returns to certain investors, given the capacity to spot mistakes of under-valuing or over-valuing investment decisions (Fama 396). In essence, an efficient market condition is one in which market prices are reflective of true estimates of investment decisions (Jensen 101). Implicitly, and contrary to the popular view, efficiency of markets does not imply that commodities prices prevailing in the market must equal the true value at all time. All that is needed are unbiased commod ities prices, that is to say, prices can randomly deviate from their true value. Under these circumstances therefore, no one group of investors should consistently, with certainty, find their investment strategy running in tandem with market prices. As stated above, the definitions of market efficiency are linked up with information available to investors that are subsequently reflected in commodity prices. Strictly speaking, market efficiency assumes perfect information, for the public and private investors, which is then reflected in the market prices. This implies that investors with precise information on the running of the market will be able to beat the market inefficiencies (Fama 402). Given that the specificity which market efficiency is defined, it is extremely unlikely that markets will be efficient to all investors always. However, it is very possible that a given market (for example the New York Stock Exchange) will be efficient with regards to an average investor. The p ossibilities and the impossibilities also extend to certain markets as well as to different investors. This is because tax rates are different in different markets scenarios, and so are the costs of business transactions, which confer competitive advantages on certain investors relative to others. In essence, no group of investors can consistently utilize a common investment strategy and emerge victorious. There has to be variations with elements of lose to one or two

Tuesday, July 23, 2019

International Hospitality Management Research Paper

International Hospitality Management - Research Paper Example One major challenge is the difficulty in choosing the right technology and adopting it to achieve better results. Players in the hospitality industry must therefore be able to understand their competitive edge and be able to adopt technology that suits their system and at the same time strengthening their level of competence. The business operators and work force must therefore strive to adopt strategies of utilizing appropriate technology correctly through sufficient knowledge and ways of operation of the tools or equipment employed. Information technology has affected the hospitality industry thus creating flexibility in practices, segmentation of the market and the diagonal integration within the tourism sector (Moutinho et al, 1996). Information technology is thus applied in areas that require management and distribution of information on travel and tourism. The customization of services to suit the needs of the person in need of the tourism service has been made possible through the production of tailor-made services that allows producers to provide services that are flexible in order to satisfy the wants of different consumers of the tourism service. This can be achieved through for example the provision of packaged holidays that are flexible and can be easily purchased through prices deemed as competitive as compared to holidays produced in mass and the production of travel and tourism related services are not dominated by the usual industry players. The holiday must also be flexible and be purchased at prices that are competitive as compared to holidays produced by mass-produced holiday players . The mass production is influenced by the urge to reap benefits that accrue... However, the hospitality industry sector especially tourism faces challenges in the uptake and expansion of technology. One major challenge is the difficulty in choosing the right technology and adapting it to achieve better results. Players in the hospitality industry must, therefore, be able to understand their competitive edge and be able to adopt technology that suits their system and at the same time strengthening their level of competence. The business operators and workforce must, therefore, strive to adopt strategies of utilizing appropriate technology correctly through sufficient knowledge and ways of operation of the tools or equipment employed.Information technology has affected the hospitality industry thus creating flexibility in practices, segmentation of the market and the diagonal integration within the tourism sector. Information technology is thus applied in areas that require management and distribution of information on travel and tourism. The customization of ser vices to suit the needs of the person in need of the tourism service has been made possible through the production of tailor-made services that allows producers to provide services that are flexible in order to satisfy the wants of different consumers of the tourism service. The holiday must also be flexible and be purchased at prices that are competitive as compared to holidays produced by mass-produced holiday players. The mass production is influenced by the urge to reap benefits that accrue due to economies of scale.

Chemical dependency Essay Example for Free

Chemical dependency Essay Group Structure: Type of group: This meeting was a â€Å"Narcotics Anonymous Open Sharing Meeting†. This component, where anyone attending had the opportunity to share. There was no direct feedback from the other participants during the â€Å"share†, thus only one person spoke at any given time during that portion of the meeting. Organizational affiliation: Narcotics Anonymous as a group has no affiliation outside of Narcotics Anonymous. As a group they have no opinion on outside issues,† including those of politics, science, or medicine, and do not endorse any outside organization or institution. The fellowship does not promote itself, but rather attracts new members through public information and outreach. Narcotics Anonymous groups and areas supply outside organizations with factual information regarding the Narcotics Anonymous program, and individual members may carry the Narcotics Anonymous message to hospitals and institutions, such as treatment centers and jails. Narcotics Anonymous as a group base their public relations policy on attraction rather than promotion. Physical environment: This meeting was held in the recreation room in the basement of a church. There was an oblong table at the head of the two rows of chairs placed in a 360 degree circle. Participants: There were roughly 40-50 participants ranging in age from mid teens to late 50’s. There were only 5 females in attendance. This group’s ethnicity was about 85% Caucasian, 10% African American and 5% Latino. Leadership structure: In different areas the work is divided differently, and the particular jobs are sometimes called different names. At this particular meeting the leadership structure was as follows, ranking from top to bottom in hierarchy. Chairperson, Co-Chairperson, Secretary, Treasurer and Group service representative (GSR). Process: What the group does for a person’s first visit? First time visitors and newcomers to this meeting were asked to introduce themselves by first name only. These individuals were welcomed by all the participants at the meeting. These individuals were given a hand shake, a hug and a white key tag (by a presenter) that said welcome on one side and on the other side had the Narcotics Anonymous logo. How members’ contribute to the group’s leadership? Members who attend the same meeting on a regular basis to establish a recovery network and reliable routine understand this to be their â€Å"Home Group†. These group members are able to participate in the group’s business, and play an important role in deciding how the structure, leadership and the group’s meetings will be conducted. Each member has a vote in this process and the majority vote rules. Activities that occurred during the meeting. There were no physical activities during this meeting but certain individuals read inserts from the â€Å"Basic Text Book† of Narcotics Anonymous pertaining to that week’s format and agenda. Address the following questions: How did the group begin? The group began by the Chairperson knocking on the table to gain every ones attention, then announcing them self, followed by stating the name of this group (Dead Man Walking) then reciting the Serenity Prayer. How was the purpose of the meeting communicated? The purpose of the meeting was indicated by preamble which was read by the Chairperson also by the reading of the secretary’s report, which was read by the C-Chairperson, this stated the purpose of the meeting and the rules in which the participants were required to oblige by. How was the meeting’s agenda established? The agenda varies in whatever way seems to best suit the personality of the group and the needs of the addicts in the community. This meeting’s agenda and format was established by the governing members (from the Home Group) and varies from week to week but was mostly based on the 12 Steps and 12 Traditions of Narcotics Anonymous. Techniques used to encourage people to participate. It was announced to all those attending the meeting that participation was optional. What extent were these techniques effective. There was no pressure on anyone which made the atmosphere very comfortable. What are participants’ responsibilities for the meeting process? Anonymity of the group’s participants and process were the main responsibilities from all those attending and keeping the sharing time between 3-5 minutes and not interrupting the person who was talking. How were these responsibilities explained? These responsibilities were explained to the group in detail during the reading of the secretary’s report. How did the group demonstrate interest, acceptance, etc. in those attending? The participants showed interest by paying close attention to the individual who was sharing and when those who shared finished, everyone in the group (at one time) thanked that person for sharing their story. What emotions were observed? There were a couple of times when an individual who was telling their story began to cry. Other times there was some laughter from the group when certain individuals identified their own story with the one the person was sharing. How did the participants respond to expressions of these emotions? The participants expressions showed true concern and empathy for those who were sharing their experience, strength and hope. Were there any decisions made for future events or meetings? It was stated in the secretary’s report that all meeting events and decisions are discussed and made during the group’s monthly business meeting. The business meeting for this group is held on the second Saturday of the month. Describe any observation of any therapeutic factors. The therapeutic value of one addict helping another gave each participant the feeling of acceptance and familiarity. There were a lot of similarities between the structure of an Alcoholics Anonymous and Narcotics Anonymous meeting. A major difference I witness at the Alcoholics Anonymous meeting from the Narcotics Anonymous meeting was, at the Narcotics Anonymous Meeting it was suggested that those who was sharing not to acknowledge or mention there drug use. At the Narcotics Anonymous meeting it was clearly stated that â€Å"Narcotics Anonymous does not distinguish a difference between substances, they are all inclusive, â€Å"Alcohol is a drug†. It was also stated at the Narcotics Anonymous meeting that anyone from the other fellowship (Alcoholics Anonymous) was accepted at this and all Narcotics Anonymous meetings.

Monday, July 22, 2019

Writing From Macbeths Point Of View - GCSE Essay Example for Free

Writing From Macbeths Point Of View GCSE Essay Was that a dagger swimming into the cold chambers of my imagination? Or am I just a lunatic? The answers lingered in my brain, spiralling out of control, making me faint, as I inhaled the black starless sky. The deep careless thoughts caressed my body; as the cold air embraced my white speckled soul. The dagger pierced its way into my thoughts, allowing darkness to fill my soul. I felt myself fighting above the surface, as if I were drowning, being pulled back from underneath. Am I drowning in my sins? Or the sea made tears of sorrow, after the deed is done. It was as if the shackles made of daggers tightened its grip, every time I tried to scream for help, devouring my soul even further into the deep, dark thoughts, I had once forbidden myself from. My heart, severely at unease, smashed itself against its cage. Lady Macbeth is not right. I shall not let it be right. Such thoughts were never right. How dare she question my love, my manhood, my pride? With these very hands, I stripped this kingdom of war, and yet she belittles me with her little games. If that does not make me a man, then I do not know what does. I did not become Thane of Cawdor by chance. I earned this, with every ounce of manhood I have. I sought victory in war, and found it, yet I cannot find victory in the battle of my thoughts. I penetrated my sword through the neck of an enemy, and smeared my fists in warm, rose red blood. I could easy do the same to gain what I lust. Yet she asks if I am a man? Such a question shall bring me both victory and death. I closed my eyes. Darkness crept behind my eyelids, causing me to shiver with guilt. I felt like my lungs gave up on my body, my breath uneven, I tried to discard the thoughts of encouragement, yet they crept behind me, lurking behind me. I am a man, a host and a shadow. I should not be allowing my deepest desires to overtake the palms, which had saved the man I wish to put to rest. My brain ran in circles restlessly, revisiting the bitter ambition that sank to the bottom of my stomach, burdening me. It creeps over my innocent soul, trying to cover it with dark colours. As if the devil had gifted me, possessing my beliefs and my ideology. It enveloped me, into a world of fear, letting the numbing pain of culpability seep into my body. I need more. More is needed to be a manto be more than a mana King. I’m dancing to the devils tunes, and I know they will laugh. The devils tunes resembled that of what the witches had said, racing through my brains repeatedly. The realisation of my gullible soul brought in fears that I could not handle. I was in my dark zone and could not break free the chains of destruction. Why did they have to plant the seed of hope into my heart? It is now sprouting, being watered by my ambition. T he water droplets fell one by one, as I held my head, strong yet wearily, hanging across the edge of the balcony; with every drop I wished it washed the dirty thoughts that encaged me from being faultless Macbeth. Yet I yearned to be King Macbeth. A King of kindness, a King of just and a King of sympathy. But in doing so will result in my status, my pain and my death to be intensified by the wrath of God. Going against the King, was like going against God. But I do not agree with the natural order. It was just utter nonsense from my perspective. Surely it will come back to sting me, where it hurts most for it is written in my destiny, written to bring shred my dream of a long life, into mere pieces of a shameful king. I cannot defend myself from this urge. If I am a man, I will do it. I am a man. A man with the contaminated desires planted in his mind, by evil. But will I be a man after it? Let’s find out.

Sunday, July 21, 2019

Social Work Intervention | Race and Poverty

Social Work Intervention | Race and Poverty CHAPTER FOUR Evidence suggests that contemporary social work practice is faced with the dilemma of how to direct its efforts primarily to the poor and needy in the UK and at the same time to engage in social welfare policy to help promote social change. According to Okitikpi and Aymers (2003) social work professionals working with African refugees are often frustrated and poorly resourced to manage families who suffer from difficult lifestyle experiences due to poverty and social exclusions. Also Okitikpi and Aymer (2003) are of the view that problems of poverty and working in partnership with African families alleged of child abuse or maltreatment would be better and easier managed should social workers engage in open direct interventions. Bernard Gupta (2008) highlights the difficulties social workers face when assessing and making interventions regarding African children and their families whose cultures differ from the majority white population in the UK. Therefore the argument that the miss ion of social work is to promote social change and alleviate poverty in society by engaging with social welfare policy rather than interventions at family levels is currently the pivot of strong debate. The term social work intervention as defined by IFSW: Usually describes work undertaken with individuals, families, groups and communities. In this context the term is to cover the use of social work knowledge and skills when using it within a social care organisation to facilitate the provision of services and practice consistent with the Codes of Practice and with standards of service and practice, and to promote social inclusion and life opportunities of people using the services IFSW (2000). Types of Social Work Intervention According to Elde-Woodward (2002), there are three fundamental methods or stages of intervention. The first method of intervention, Elde-Woodward describes as macro social work intervention which involves directing social work practice to society or communities as a whole. This type of social work practice includes policy forming and advocacy on a national or international scale. The second method of intervention is mezzo social work practice, which involves working with agencies, small organizations, and other small groups directly or indirectly related to social work practice to make policies or developing programs for a particular community. The third method of intervention is the Micro social work practice which involves offering direct service to individuals and families. Hartnett et al (2005) research on the role perceptions of social workers and social work students shows that only very few actually engage in policy-practice that focus on social policy formulation and advocacy . There are a wide variety of activities that falls under the category of social work practice and social work professionals works in many different settings of employment. Basically social workers engage in clinical practice, find themselves working with individuals or families. However, social workers who serve in community practice are engage with the mezzo or macro stages of social work. Spratt et al (2004) findings shows that social work intervention with individuals or families is the most popular and effective method of intervention that bring about social change in individual lives. Social work intervention aims to help children or families to identify, and to establish appropriate relationships with social workers that will enhance their livelihood. The purpose of the intervention is diverse and ranges from increasing life skills or changing behaviour to increase life options and to cope with changing life situations and transitions (Smale, Tuson and Statham, 2000). Identifying and acknowledging child abuse Many schools of thought argue that social workers could assist families living in poverty to identify issues of child abuse by showing empathy, establishing working relationships and engaging in appropriate interventions. In any of the situations there are a number of factors making African families living in poverty to be alleged of maltreating or abusing their children. Some of these factors are poor parenting practices, lack of knowledge about the laws pertaining in the country of residence and ethno-centric discrimination and racism (Elder-Woodward, 2002). Child abuse cases referred by other agencies for the attention of local authority social services may result in interventions that usually draw children into child protection system. Such interventions do not always consider the financial and social situations such parents find themselves, but used by social work professionals in manner to comply with government legislation and the responsibility of protecting or safeguarding c hildren. For instance, parents living on meagre income hardly could sustain the family financial commitments, or such parents may not consider the legal implications of living children alone in the house for work, as often such children are seen wandering the streets or become school dropouts due to poor parental care and support. Social workers distinctive contribution for families living in extreme poverty and experiencing social exclusion is o employ empathy, communication and relationship skills to help identify and to acknowledge issues of child abuse (Spratt et al 2004). Intervention within the social work process is not a static, snapshot or a holistic process whereby social workers arrives at definitive answer to protect vulnerable children from further harm. However, the fundamental interpersonal skills require of social workers is the key to identifying the possible causes of child abuse or maltreatment in a family setting, through the building of appropriate relationship with the families and collaborating with other interested agencies (Lloyd and Taylor, 1990). Most often than not social workers take ethnocentric and prejudice approach at the initial contact with African families accused of child abuse and consequently arrive at a judgemental decision. With the right relationship with African families involve in child abuse cases social work professionals are positive to understand the needs of such families and what type of intervention is appropriate to help address their problems. Intervention skills used by social workers fits most easily i nto the traditional frameworks in which social work is usually taught to qualifying students, but less easily recognized as intervention by most social workers once in practice. Arguably, the core skills of intervention have not been grasped in its entity practising social workers and hence are not consciously transferred across situations where is most needed. Intervening child abuse Social work involves intervening children and familys situation and problems through appraisal of what information is available and what information is gathered from the family after initially assessing the familys financial and social status, with collaboration with other organisations and professionals working with the family. Many authors argue that social worker should lead families alleged of child abuse through the intervention process, highlighting and explaining the importance of working together to agree on the most appropriate intervention needed to bring social change. Furthermore, social workers use a range of knowledge, models and frameworks to decide what method of intervention is needed to achieve the desired result. To ensure that collated information from all quarters leads to informed intervention, social workers need to establish working relationships of trust with African families and other professionals. They must be able to understand the socio-economic status a nd parenting practices of African families, through their own knowledge and skill, or by drawing on that of others. Social workers recognition and understanding of parents behavioural patterns, complicated with poverty, understanding of diverse cultures and building of good working relationships are vital to successful interventions. There is evidence in the literature to suggest that social workers and other related professionals have difficulty fostering good working relationship with black African families alleged of child abuse cases as such families have no trust in the child protection system. Therefore social workers need to develop the requisite skills and behaviours to understand the problems of African families living under the poverty line, and who may have little or no knowledge of the child protection system in the UK. In recognition of the difficulties inherent in deploying effective interventions the Department of Health introduced the Framework for the Assessment of Children in Need and their Families ( DH 2000). Macdonald (2002) notes the pitfalls that arise when conducting assessments leading to social work intervention. It is not just simple to follow a framework setting out the areas to be investigated, as social workers need to exercise professional judgement and be alert to unconscious bias which may creep into the work, distorting assessments and the degree of interventions. Social Work Intervention and environmental influences Bernard Gupta (2008) literature review on black African children and child protection system emphasize the adverse effects of poverty and social exclusion on parenting capacity and childrens development, which have been identified as a major factor in most families involved in care proceedings (Brophy et al, 2003). African families are proportionally more likely to live in poverty than majority whites in Britain as many undertake low-income paid jobs (Kyambi, 2005), have their rights to support services withdrawn under section 17 of the 1989 Children Act, (Kholi, 2006) and income, employment opportunities and access to support services are determined by their immigration and asylum status (Bernard Gupta, 2008). The UN Convention on the Rights of the Child, recognises the need to protect children who experience a deprived childhood due to families living in poverty, and requires governments to ensure all children have an adequate standard of living as a basic right. The UN recognizes that deprivation during childhood undermines the fundamental rights which children, as well as adults, should enjoy, including access to key services such as health, education and social services (Monteith McLaughlin, 2005). Available evidence shows that poverty and social deprivation during childhood has adverse effects on children developments and limits their capacity to reach full potential and will perpetuate social inequalities across generations within populations. The Labour government pledge to reducing poverty in the country was a step forward to achieve social change among families, but did not explicitly define the target groups that are mainly living in extreme poverty. The Labour governments anti poverty strategy involves policies to increase the incomes of poor families by improving child-related benefits and tax credits and the introduction of a national minimum wage. The governments Sure Start initiative and the National Childcare Strategy in the UK provide affordable childcare provision for working parents. Moreover, the publication of the document Every Child Matters set outs the government approach to the wellbeing of children and young people (McLaughlin Monteith 2005). The sure start initiative provides a lot of support to parents struggling to care for their children, but the limited number of branches across the country only seems to assist the majority white families. Bradshaw (2001) and Stewart Hill (2005) argue that the go vernments child poverty reduction strategies may be easier to achieve in short-term basis but not achieving much in long term. The main official working document for many British child protection social workers is the Department of Health (DoH), 1988 document, Protecting Children: A Guide for Social Workers undertaking a Comprehensive Assessment, but has its limitations when working with black African families (Chands, 1999). It is arguable to say that taking children into public care because their parents are not capable of providing adequate care may be due to the withdrawal of all support services in accordance with section 9 of the 2004 Asylum an Immigration Act (Kelly Meldgaard, 2005). Evidence shows that basic physical care that families are expected to provide for children becomes limited by inadequate housing, unemployment, poverty, and social exclusion particularly with black African families living in poverty. It is argued that any assessment process that reflects the inadequate provision of care as the failure of black people and as indicator of child abuse rather than the effects of racial inequality is in itself racist. Furthermore, as black African families are disadvantaged in many circumstances, it is arguable that they will face higher levels of risk from the harmful effects of inappropriate social work intervention and misjudgement (Chands, 1999). Social Work Intervention and parental behaviours The history of over-representation of black children in the child protection system, according to Chand (1999) dates back to the 1960s. Research shows that black children are quick to enter into the child protection system than their white counterparts, for reasons such as parenting behaviours, culture and social and economic problems. Many research work relating to the differences in child-rearing and poverty in the UK show that black African families are often at risk of being stereotyped as not capable of parenting children in the most appropriate way. Therefore, social workers have a responsibility to understand issues framing the experiences of African children at risk of significant harm, ad not to create the general impression that all African families are not capable. According to Chand (1999) despite the very obviousness of the diversity of childhoods, we live and work in a society which tends to assume that there is just one kind of childhood that is normal and ordinary (Rogers, 1989, p. 97). The issues of punishment, parental behaviour and discipline, complicated with poverty are controversial concepts among black African families living in the UK, which often draw them into the arena of child protection system. According to Bernard Gupta (2008), the literature that exists focuses on the African families where their parenting is deemed to be below the threshold of what is considered proper. This dysfunction within African families can risk reproducing stereotypes of this group as deficient, thus fostering a pathological viewpoint of African family relationship. It is widely accepted that black African family relationships with white social workers working with them, is always strained with mistrust and non-acceptance. Available research shows that (Chands, 1999), different child-rearing practices, as a result of socio-economic status permeates different cultures and social workers working with families of different cultural values and beliefs may experience difficulty i n understanding what parental behaviours are acceptable and not acceptable. Thus, to distinguish whether a particular child-rearing practice is deviant to societal norm, social workers will always have to dwell on the knowledge acquired from both formal and informal training, experiences and their moral judgements, to employ the most appropriate intervention process applicable to the family. Bernard Gupta (2008) claims that African family relationships, like those of many minority ethnic groups, are often constructed differently from the conventional nuclear family model that exist in the majority culture in contemporary Britain. Cultural values and more importantly poverty influence the lives of many black African children and their families involved in the child protection system (Thorburn et al, 2005). In order for social workers to establish a good working relationship when working with black African families and children living in poverty, Chands (1999) argues that it is param ount for social workers to have a sound knowledge and understanding of what is acceptable and unacceptable parental behaviours within the cultural background of the families. If not, social workers may intervene in alleged child abuse cases inappropriately. There are a few data on the impact of poverty and cultural values in influencing expectations, motivations, roles and approaches to parenting and perceiving what constitutes harmful behaviours (Barn et al., 2006). It is debatable to define in specific terms how children should be discipline from the view points of parents and professionals and what type and degree of punishments are deem appropriate for a misbehaving child. Barn et al (2006) findings show that African families do not punish their children any different from the majority white families and that there is no evidence of using more severe physical punishment (Thorburn et al., 2005). However, research shows that working-class white families presumably employ more smacking, which is a form of physical punishment, in an attempt to manage children behaviours and corporal punishment is still practise in schools outside the state sector, which are mainly occupied by middle-class children. Yet in general, as the vast majority o f African parents use physical punishment as a form of discipline to manage their children behaviours, they are inevitably alleged of abusing their children (Chands, 1999). These are related to their cultural background, their socio-economic status, and their own personalities (Phillips Dutt 2000). For example, Ellis (2006) maintained that in African culture there is little fondling and kissing of infants and any kind of caressing stops when the child is toddling. Black Africans express their affection and love in a different way, through good physical attention, such as bathing, skin-care and hair-care (Chands, 1999). This illustrates the necessity to understand different cultures in order to guard against misinterpretations of parenting behaviour, and to ask why a black African parent may not be showing any obvious signs of affection towards their child. Moreover, the unrealistic expectation by white social workers should be understandably measured in the light of the parents anx iety about their childrens future considering the poverty levels of many black African children living the United Kingdom (Beranard Gupta 2006). With regard to responsibility and independence, many research shows that most white social workers seem to adopt euro-centric approach when working with black African children and their families (Chands, 1999). In effect black African children are either not protected because they are seen to be able to cope with situations not deemed appropriate for white children, or where black African children are not taking on similar responsibilities to their white counterparts they are deemed to be at risk of abuse or deprivation (Chands, 1999). For instance, the issue of older siblings caring for younger ones in the case with many black African families may be decisive in the workers assessment of risk of significant harm to the child. According to Chands (1999) there is the need to question why this should be when a high level of both responsibility and independence by the older sibling can be clearly demonstrated. It must be emphasized therefore that although child abuse occurs in all races and cultures, workers must guard against viewing suspected abuse through the norms and values of their own background. A further point is that black African families unwillingness or resistance to the assessment and intervention process employ by social workers working on alleged child abuse cases should not be seen as evidence of guilt, as the system may be new to them or a good working relationship is not there. Finally, Chands (1999) explains that in order to make the intervention process fairer for all black African families, it is necessary for majority white workers and institutions to understand that most black African parents may be less aware of child protection procedures, may be living in poverty, and their experience in the UK make them more susceptible to the child protection system. Some researchers have identified the importance of understanding how poverty complicate different cultural values, which in many cases explains the motivation behind parental actions when managing unacceptable behaviours of their children (Barn et al, 2006) and in their research on normative parenting there is no significant differences between ethnic groups with regard to physical punishment of children (Bernard Gupta, 2008). CHAPTER FIVE IMPLICATIONS FOR SOCIAL WORK PRACTICE There is some evidence in the literature to suggest that social workers and other professionals struggle to manage the complex needs and social circumstances of many African families (Bernard Gupta, 2008). According to Hayes Spratt (2008), social workers are more engage with child protection work, but not in way that is readily understood by those who legislate, set policy and measure performance. Social workers may lack the necessary tools to adequately differentiate borderline cases from high-risk cases, couple with poor collaboration with other professionals, classifying certain parenting practices as politically and ethically unacceptable and their own personal cultural values, they turn to route all borderline child abuse cases through the child protection processes. It might seem paradoxical that in recent years social workers, who are seen as the force for conformity, are frequently criticized for acting more in the interests of society than in the interests of service users . However, when social workers relate more with families than just aiming to achieve governments target, they build good working relationships with those they serve and help liberate them from oppression, poverty and social deprivation. Thus, social workers engaging more with methods of intervention which liberate children and their families from poverty, deprivation and social exclusion are really working to the principles and ethics of social work practice as defined by IFSW in contemporary Britain. Social work professionals almost always draw exclusively on sociology and political science knowledge base, believing that individuals can be wholly human only within the context of a benign environment and a just social order. Evidence shows that changing the social system of African families who suffer oppression through poverty and social exclusion by empowering them, not only means liberating them from social injustice, but also promoting family dignity and happiness. According to Bernard Gupta (2008) the poverty and social circumstances experience by many African families pose challenges for parents and children, as well as social work professionals working to safeguard and promote children welfare. Therefore, it is the requirement of the social workers to consider African families poverty and social circumstances before deciding on what intervention process will most help change their life. Recent governments efforts to change the objective social work from perhaps overemphasi zes on child protection agenda to a more preventative approach in alleged child abuse cases, have not entirely favoured African families living in poverty who are accuse of being deficient in their child-rearing behaviours. Social workers invariably experience the dilemma of choosing between directing efforts to child welfare process or child protection process and not see children suffer further abuse under the context of poverty. The broader development of the new theoretical perspectives based on systems theory will assist social work professionals working with children and African families to consider a more specific view of their roles and to help develop effective relationships with African families with the view of understanding their individual, emotional as well as social needs. A lack of good relationship with African families will adversely impact on social workers ability to understand their parenting behaviours so as to employ the appropriate method of intervention (Bernard Gupta, 2008). There are four main reasons for the need for a new perspective. Policy changes resulting in a change in method of intervention The policy environment to which social work practice relates continues to change to bring about the necessary social change. According to Platt (2006) persistent demands on social workers from the government and including inadequate staff, the bureaucracy and central government targets, and policies on refugees and asylum seekers, creates difficulty for social work to offer a wide range of family support services. Research shows that many African families may benefit more when they are routed away from child protection system towards child welfare services (Hayes Spratt, 2008). However, the governments response to Lord Lamings Report in Every Child Matters following the death of Victoria Climbie, has strengthen child protection and increase the number of cases routed through child welfare processes. Therefore it is important for social workers to subject parenting practices influenced by poverty to thorough scrutiny during assessment process to help achieve better outcomes for Afric an children. Poverty can create forms of disempowerment for children when it is used to justify parental behaviours and practices that violate their right (Bernard Gupta, 2008). Further to this point, social workers sometimes face resistance when assessing parenting problems, and more importantly their judgements about what should be consider as significant harm, when parents use poverty as a yardstick for their behaviours. Chand (1999) argue that due to the large number of cases of child abuse and child protection issues among black African children and families, social workers should take the initiative and be proactive by liaising with the families they serve, informing them about where they draw their boundaries. Changes in the knowledge and skill base As with any profession there are both new approaches and new understandings about the effectiveness of specific interventions. Investment in research and the dissemination of knowledge and skills in health remains vast greater than in social care. But the strengthening of these resources in social work and social care should result in more knowledge based practice and management in the medium and long term. The case for recognising different sources of knowledge has been made and the multiplicity of information collected in various departments need to include that produced through the experience and expertise of people using the services and front line workers as well as from research. According to Chand (1999) training either formally or informally, is important for social workers working with black African families with child-rearing issues since it can raise the issue of how black African families meet their children needs differently. The training should be integrated into the so cial work training syllabus in higher education and this would broaden the understanding of students which may dispel some of the myths around black African families and their child-rearing practices and alleviate the potential of pathologizing them in child care practices (Chand, 1999). Technological and structural changes Recent technological changes, identification of gaps in knowledge and skills new areas of working are emerging which is resulting in the provision of services falling behind service demands. For instance global movements have necessitated the need for social workers to work with African children and families migrating to the UK with existing poor backgrounds, to work with asylum seekers or refugees escaping from own countries in political turmoil or at war (Newburn, 1993). New technologies and the growing familiarity of the public in using social welfare services opens up new forms of interventions particularly to assist African families living poverty in the UK. In areas where there is rapid development or new issues with social work practice there is the necessity in advance of theory. Strategies in these circumstances may include transferring existing knowledge and skills to the new area, drawing on any international experience and expertise, networking to share and learn from exp erience and research on needs and effective responses. Initially these may need to be done separately to structure a different perspective before it is possible to bring experience and learning together in new ways. Multi organisational or Partnership Intervention For intervention to meet the required target, it all depends on proper initial assessment, but many of the assessment tools that are employ such as DoH (2000) Framework for the Assessment of children in need and their families may disadvantage black African families due to the eurocentric approach of social workers. Research shows that partnership is needed to embrace both good working relationships and appropriate intervention process (Chand, 1999). Against this background, children in need may be given preventative supports and will prevent vulnerable children from abuse or maltreatment. Therefore greater attention should be given to support professional social work practice, and safeguarding the value base, the relationship and the process of good practice, expertise of social workers and related professions. Implications and issues for considerations Recent studies on African families and the child protection system show that these families are disproportionately represented at different levels in the child care system. The existing intervention tools for social work practice are grounded within ethnocentric epistemologies and, as the foundation for social work theory and practice, are not well equipped for the task of nurturing and developing African families and their children. This is evident, for example, in the sustained over-representation of black children in the care system and in the lack of supportive social work services designed to meet their needs. It is therefore important for the development of new theoretical perspectives based on systems theory to help social workers who work with African children and families. This will enable social workers to take a broader view of their role and to develop a vivid perception of parenting behaviours and practices of these families which are complicated with poverty so that a m ore appropriate method of intervention are employed in their judgement. The extreme poverty experience by many African families pose challenges for social workers working to safeguard and promote childrens welfare (Bernard and Gupta, 2008). The Framework for the Assessment of Children in Need and their Families (Department of Health, 2000) based on the ecological approach places a requirement on social workers to also consider the low income status of parents when intervening cases of child abuse. These approaches provide an essential framework for work with African children and families, both in terms of the context of their lives and the process of the work being undertaken. In order to safeguard and promote the welfare of West African children, a starting point must be an acknowledgement of sources of maltreatment of children in the context of poverty (Bernard and Gupta, 2006). The dissertation highlights the importance of social workers considering the poverty situations of many African families who have immigrated to the United Kingdom, particularly those who have recently arrived into the country. Most of the African families may be asylum seekers or refugees with insecure social status and may have very limited understanding of the child protection or welfare state system in the UK (Bernard Gupta, 2008). Therefore only throug