Ethical Considerations Project

Ethical Considerations Project Ethical Considerations I believe the ethical considerations in Brownfield v. Daniel Freeman Marina Hospital is for all hospitals to provide all information and access to emergency contraceptives to sexual assault and rape victims. In the defense of Brownfield, emergency contraceptives, Plan B, and oral synthetic hormones is the most common type of emergency contraceptives that should have been disclosed to her upon her request. These contraceptives are often called the â€Å"morning after pill or Plan B†.Some legal considerations are the Principles of Informed Consent. What this principle imposes is it allows a competent individual to advance his or her own welfare. This right and responsibility is performed by freely and willingly consenting or refusing consent to recommended medical procedures, based on a sufficient knowledge of the benefits, burdens, and risks involved. The ability to give informed consent depends on: 1) adequate   disclosur e of information; 2) patient   freedom   of choice; 3) patient   comprehension   of information; and 4) patient capacity for decision-making.By meeting these requirements, three necessary conditions are satisfied: 1) that the individuals decision is voluntary; 2) that this decision is made with an   appropriate   understanding of the circumstances; and 3) that the patients choice is deliberate insofar as the patient has carefully considered all of the expected benefits, burdens, risks  and reasonable alternatives. (â€Å"Ethical issues consent,† 2012) This becomes a matter of a legal issue when the Principles of Informed Consent can be proven in court that the victim was not given such information or allowed to exercise this principle.Supporters of this act argue that emergency contraception is a medically accepted way of preventing pregnancy and does not represent an abortion. A group specifically formed to make sure access to emergency contraception for rape, incest, and domestic violence victims, state that victims of sexual assault should have access to the best available treatment. Other's stressed the importance of giving victims of sexual assault medically, accurate and unbiased information and the choice to prevent an unintended pregnancy.Even though the American Medical Association’s medically accepted standard of care includes administering emergency contraception, only some hospitals unconditionally provide emergency contraception to rape victims. Access to emergency contraception has been a heavily debated issue because there has to be a balance between protecting health care provider’s religious and moral beliefs on one hand, and providing a uniform standard of care and maintaining patient rights on the other.This principle gives an important approach to the analysis of ethical questions arising from the general obligation to preserve human life and the limits of that obligation. Among other questions, the princi ple addresses whether the forgoing of life-sustaining treatment constitutes a physician-assisted suicide in certain circumstances and it guides individuals and surrogate decision-makers in the weighing of benefits and burdens. I truly agreed with the judge in his decision against the Catholic hospital.His decision in ruling the Catholic hospital to be in the wrong simply clarifies and justifies the importance and reasons of a hospital, which is to provide medical services to those in need. Just because it was against the Catholic principles in life, they should have still abided by the Principle of Informed Consent. There are thousands of Catholic churches worldwide in which the Catholic church has their own opportunities to preach and teach their beliefs.However, within a medical facility, I just do not believe in allowing them to preach their beliefs there. It is not the place for it. References Emergency contraception: More than a morning after pill. (1996). Medscape Today News. Retrieved from http://www. medscape. com/viewarticle/718161 Ethical issues consent. (2012). Retrieved from http://www. ukcen. net/index. php/ethical_issues/consent/legal_considerations1

Natural Justice Essay

4) What is natural justice? Natural justice is a natural sense of what is right and wrong. It is a procedural concept and does not imposed any substantive restriction. Besides that, natural justice is also a fair administrative procedure to be followed by the administrative body in arriving at a right decision. Natural justice has two main components; the rule of hearing or rights to be heard or audi alteram partem and the rule against bias or nemo-judex in causa sua. 5) What are the main elements in nemo-judex causa sua? Nemo-judex causa sua means the rules against bias. It means that a man should not be a judge in his own cause. The principle that bias disqualified an individual from acting as an adjudicator flows from two fundamental maxims; a man should not be a judge in his own cause; and justice must not only be done but be seen to be done. The fountain of administration justice must not only be pure but it must also enjoy public confidence and credibility. The adjudicator must not only be free from bias but there must not even be appearance of bias. There are three types or elements of bias; Pecuniary bias, Personal bias and Policy bias. A pecuniary interest, however small, in a controversy disqualifies a person from acting as a judge. In DIMES v GRAND JUNCTION CANAL, a public limited company filed a case against a land owner in a matter largely involving the interests of the company. The Lord Chancellor who was a shareholder in the company heard the case and gave the desired relief to the comp any. The decision was quashed by the House of Lords because of the Lord Chancellor’s pecuniary interest in the company. Personal bias may arise in the adjudicatory right, or in favour of, one party to the dispute before him under many varied circumstances, for example relationship, friendship or business dealings with or hostility or animosity against a party may disqualify an official to act as an adjudicatory in a dispute. All these circumstances create bias either in favour of, against a party to the dispute. In AK KRAIPAK v UNION OF INDIA 1970 SC 150, a Selection Board was formed to select employee of state service to the Indian Forest Service was one of the candidates and he was a member of the Selection Board. The Supreme Court held that a member of a decision making body cannot be both a party and a judge in the same dispute. In the case of official bias, the adjudicatory is not influenced by any personal or pecuniary but he is so imbued with the desire to promote official policy of his department that he becomes blind to the existence of the interests of the private individual. When an administrator acts as decision maker to decide a dispute between an individual and his department, there is a tendency that he was an official or policy bias towards his department. In ALKAFF & CO v THE GOVERNER-IN-COUNCIL, the Commissioner of Law was a member of Singapore Improvement Trust (SIT). SIT approved certain scheme and applied to the Governor-in-Council for approval. The Governor appointed the Commissioner to inquire and to make report on the proposal. The commissioner recommended approval of the scheme. Therefore held, the appointment of Commissioner to inquire the merit of the scheme could result in suspicion that justice might not be done. The order was quashed. 6) What is the element in audi alteram partem? Audi alteram partem is the rule which requiring fair hearing. It has few elements. The first element is notice. Notice is a basic norm of natural justice is that before initiating adjudication proceedings, the party concerned should be given notice of the case against him so as to enable him to adequately defend himself. The right of hearing become illusory if the party has no knowledge of allegations which he need to meet. Notice thus regarded as the sine qua non of the right of hearing. The notice means an adequate notice as regards the details of the case against the party. Any proceeding taken against a person without adequate notice to him infringes natural justice and is thus invalid. It is necessary that all the grounds on which action is proposed to be taken must be communicated to the person concerned. If it transpires later that action was taken on a ground which had not been taken communicated to him earlier than the action will be invalid. In the case study of MARADANA MO SQUE TRUSTEES v BADI-UD-DIN MAHMUN [1967] 1 AC 13, the government took over the school on two grounds due to the failure to pay salaries of teachers and unable to manage the school, but the manager was asked to explain only one ground which is the failure to pay salaries. The managers had no notice of the other grounds, which influenced government’s decision. Privy Council held that the decision to take over the school was quashed as the managers were not given notice of one ground. The minister was acting in quasi-judicial capacity and was bound to observe the rule of natural justice. Relating to the case above, a notice must be served in order for the person concerned to know the charges he had to meet; and have a sufficient time to prepare his defence. For example, in the case of SURINDER SINGH KANDA v GOVT OF MALAYSIA [1962] MLJ 169, Lord Denning stated that if the right to be heard is to be real which is worth anything, it must carry with it a right in the accused man to know the case which is made against him. The notice must be given a reasonable opportunity to comply with its requirements. Sufficient time must be given to the concerned person to prepare his defence. For example, in the case of RE LIVERPOOL TAXI OWNERS’ ASSOCIATION [1967] 2 MLJ 186, a letter was sent to the association to show cause by return of post against the issue of fresh taxi licenses. The notice was held to be inadequate. It is against natural justice to call upon the concerned person to show cause immediately and to permit him no time to consider the charges against him. If the notice is inadequate, the decision will be invalid as it is against the natural justice. The second element is hearing. Natural justice requires an adjudicatory body to not to make a decision adverse to a party without affording him an affective opportunity of adequately meeting the allegations against him and presenting his own case. There is no fixed hearing procedure which has to be followed in all cases. It varies from situation to situation. It is ultimately for the court to decide whether the procedure adopted in a specific situation accords with natural justice or not. In the case stu dy of PHANG MOH SHIN [1967] 2 MLJ 186, the inquiry officer embarked on the inquiry immediately after reading the charge to the officer against whom the inquiry was being held. His request for an adjournment to enable him to prepare his defence was refused. It was held that there was a denial of natural justice. The third element is reasonable opportunity of being heard. There are certain elements need to be observed. The first element is the adjudicating authority should disclose all information, evidence or material which the authority wishes to use against the individual concerned in writing at its decision. The general rule is that all the relevant material which is being relied upon by an adjudicating authority for giving its decision against a person, should be brought to his notice and he be given an opportunity to comment, criticise, explain or rebut the same. For example in the case of AZIZ BIN ABD RAHMAN v ATTORNEY GENERAL SINGAPORE [1979] 2 MLJ 93, the court held that as vital and relevant evidence had not been disclosed to him, there was breach of natural justice insofar as he was denied an opportunity of correcting or controverting the medical evidence considered relied upon by the medical board. The second element is the authority should receive the evidence and all relevant material which the party concerned may wish to produce before it in its defence. In an oral hearing, the adjudicatory authority is obligated to give the person concerned opportunity to produce evidence on behalf of the affected person may amount to breach of natural justice by the authority concerned. Based on the case MALAYAWATA STEEL BHD v UNION OF MALAYAWATA STEEL WORKERS [1978] 1 MLJ 87, the company challenged an award of the Industrial Court on the ground of breach of natural justice as the company was denied the opportunity to call witnesses. The High Court held that there had been a denial of natural justice when the applicant was not allowed to call his essential witnesses to adduce evidence at the hearing and was therefore denied a reasonable opportunity of presenting his case. The third element is the authority should give to the individual concerned an opportunity to rebut the material against him. In oral hearing, cross-examination of witnesses testifying against a party should be permitted. It is actually not regarded as an obligatory part of natural justice in all cases. Whether an opportunity for cross-examination is to be given or not depend upon the circumstances of each case. Based on the case CEYLON UNIVERSITY v FERNANDO, the argument of the appellant that he had not been given an opportunity to cross-examine witnesses testifying against him was rejected by the Privy Council on the ground that he never claimed such right. Even where cross-examination of witnesses is allowed, the authority may refuse to permit unnecessary cross-examination of a witness. Even if cross-examination of witnesses is not an obligatory part of natural justice, it is still necessary for the decision-making authority to give the party concerned a fair opportunity of comment ing on the evidence produced against him and of contradicting the same. The fourth element is reasoned decision. Traditionally, the British courts had taken the view that natural justice does not obligate an adjudicatory body to give reasons for its decisions. In BREEN v A.E.U. [1971] 2 Q.B. 143, Lord Denning did emphasize that the giving of reasons is one of the fundamentals of good administration. The obligation to give reason avoids unfair or arbitrary decisions by adjudicatory bodies; search for reasons for their decisions is bound to make these bodies alert and careful. Reasoned decisions ensure that decision-making bodies apply their mind to the facts and circumstances of the matters they decide and that they do not act in a mechanical manner. In India, however, the Supreme Court has insisted time and again that natural justice obligates decision-making bodies to give reasoned decisions. The fifth element is the right to be counsel. Generally, appearance of a lawyer is not claimable as a matter of right in a quasi-judicial hearing. But in a case where complicated questions of law and fact arise, where the evidence is elaborate and the party concerned may not be in a position to meet the situation himself effectively, denial of legal assistance may amount to denial of natural justice. In PEET v GREYHOUND RACING ASSOCIATION [1968] 2 ALL ER 545, the Court of Appeal ruled that natural justice required that the plaintiff should be presented through a lawyer as he was facing a serious charge concerning his reputation and livelihood. However in the case of FRASER v MUDGE [1975] 3 ALL ER 78, the court ruled that in a disciplinary matter there was to be hearing but no legal representation. In this case, a prisoner with an offence against prison disciplines sought legal representation before the Board of Visitors while enquiring into the charge before him.

Solution to Most of the Hardships Related to Monitoring European Research Paper

Solution to Most of the Hardships Related to Monitoring European Policy Formulation - Research Paper Example According to Delanty (1995, p. 125), the rights of a self-driven sovereign state does not require limiting the relationship within the trading blocs to operate freely. On this, he claims that nations are free to interact with other nations within a multinational state, without overlooking their relations. The facilitation may be achieved when the relationship between the parties involved, is mutual and no party intend to prejudice over the other, whatever the circumstance. Delanty (1995, p. 127) further claims if the condition is not taken seriously into consideration, political pressure is bound to develop, thus breaking the multinational states in question. Weiler (1999, p. 217) cites that it is the lack of defined nationalistic unity amongst member states that limits the prospects of EU economic, social, and political integration. There have been numerous efforts to forge an integrated European Union. The most vocal ones as seen by the European observers are, creating a common EU flag, citizenship, EU anthem, car number plates, Olympic Games, and history books. Most EU critiques argue that these are doomed to fail due to lack of national consciousness. The only binding factor is commonly shared public pooled money to be shared among the member states. He continues to argue that the EU is an idea by the European powerful nation, to coerce the less powerful nations within Europe to come together, but without full approval and endorsement, of the latter; making the whole process illegitimate and undemocratic (Weiler 1999, p. 278).

How far would you argue that technology drives change in narrative Essay

How far would you argue that technology drives change in narrative construction Evaluate the relationship between technology an - Essay Example Nevertheless, film-makers, including the viewing audience have accepted that the current developments in technology have made the transition into computer-generated images (CGI) inevitable. This paper shall discuss the extent to which I would argue in the fact that technology drives change in narrative construction. It will evaluate the relationship between technology and narrative, using the central argument that CGI has not really made any difference to narrative structures. This discussion will demonstrate relevant theories and establish a clear relation between theory and practice. The films of James Cameron – Titanic, Avatar, and Terminator 2 shall be used in order to explore this subject matter. This paper is being carried out in order to establish clear relations which would help viewers and film-makers assess the impact of current film-making technology and the narrative construction. Body Contrary to popular belief, CGI is not a recent technology as it can actually be traced back to the mechanical techniques in creating graphic images in the 1940s and 1950s (McClean, 2007). James Cameron is considered one of the pioneers of CGI through his films The Terminator, The Titanic, and Avatar. Cameron always loved films and one of his earliest exposures to the digital genre was through George Lucas and his Star Wars films (Johnson, 2010). He was prompted to study film and to enrol at the University of Southern California in order to secure a better understanding of the filming process. He learned as much as he could about special effects, optical printing, as well as front and rear projection (Johnson, 2010). He went on to purchase the tools he would need in order to start a film career. He also borrowed money from friends in order to finance his ambitions (Hamen, 2011). His conceptualization of visual effects was primarily based on what he was able to watch from other movies with subsequent visions on how to make the most realistic look for films, allo wing the viewers to be transported to a different world, a different planet, or even a different character (Hamen, 2011). The move from analogue to digital has also been a significant development in film, one which Cameron has been a significant part of (Keegan, 2010). Before the movie Avatar, the analogue format was the common format used, however, the digital format gained much strength and popularity after the movie Avatar was released. This move is advantageous for the film-making world because it provides a more life-like movie experience for film-viewers (Keegan, 2010). Moreover, the viewers would also relate better to the digital format, as the digital format provides more texture and life to the movie being depicted. As a tool for film-making however, directors and other film-makers have the burden of ensuring that the shift between analogue to the digital format would be a necessary shift (Keegan, 2010). Even as something is popular, does not necessarily mean that it ought to be used by everybody. In effect, directors need to understand that they do not have to use the digital format for their films; they can use the genre most appropriate for their films. Directors also have the responsibility to be true to the narrative construction and to ensure that the message of the film would be depicted honestly through the digital format (Sickels, 2011). His first venture into film-making was with the movie Piranha 2 which

Wk2 INTL304 Forum Coursework Example | Topics and Well Written Essays - 250 words

Wk2 INTL304 Forum - Coursework Example Human source intelligence is considered the oldest method of information collection. The intelligence is collected from human sources. Collection of such data entails clandestine acquisition of documents, photographs and other related materials1. Going for the source of information ensures that the data collected is reliable and viable. Human intelligence entails all the information that is directly obtained from various human sources. It includes a wide range of activities from direct observation and reconnaissance to the use of spies and informants. The source of information is of essence since the information can be distorted when being moved from one source to the other. It is important to evaluate the target of collection before actual collection is done to avoid confusion and to ensure the information is thoroughly collected2. The intelligent information may end up not being viable in cases where wrong targets are selected. It may also take a long time to reach the source if the wrong targets are the ones selected in the beginning. Being aware of the source of intelligence information will help to identify the magnitude of the threat and thereby coming up with effective mitigation measures. Intelligence officials are t herefore tasked with a mandate of ensuring that the information collected is reliable and of

Performer Assessment Essay Example | Topics and Well Written Essays - 1000 words - 1

Performer Assessment - Essay Example Interviewing is a day to day interaction, which is a skill that needs to be, developed (Keats, 2000) it is one of the most popular forms of communication and research in the psychological area, It’s main aim is to find out more about the client than what would usually be possibly as you are in direct charge of what questions are asked but at the same time it is down to the performer in this case how much they say. A weakness of interviews is the matter of time constraint on the performer because the performer who I’m interviewing might not have the time to go through certain areas as you never know how long an interview will go on for it all depends on how much information the performer is willing to give. Observations in a psychological way are of experimenting and trying to find a phenomenon (Sharma, 2006) through watching a performer or performers in this case and assessing them that way, an advantage of this method is you get a firsthand experience of what is wrong in that performance and what there psychological weaknesses are. The disadvantage of doing observations maybe that it is a one off and a performer’s performance will vary when in a different situation. Questionnaires and asking questions is one of the most natural way of gathering information and are certainly the most often employed data collection method (DÃ ¶rnyei,2009 (P.g 1). An advantage of doing questionnaires is the ease of the construction,it can take up to a few hours to draw up in some circumstances (Taguchi, 2009) and you can give out lots of them to different people. The main disadvantage of questionnaires is you can’t control how much information they decide to give and the answers they give might not be too detailed. Practical techniques for example performance profiling have become more popular recently when talking about sport psychology, performance profiling is a tool

Analysis on Jones and Shepard Accountants Essay Example | Topics and Well Written Essays - 500 words

Analysis on Jones and Shepard Accountants - Essay Example Being a hierarchical organization in nature, it was hard for it to focus on the running of projects in the organization. This paper will review the problems the organization faced in terms of systems. Also, it will look at the possible recommendations that might have improved the functioning of the organization. Internal conflict in the organization has led to squabbles that have affected the accomplishment of project goals. This is due to lack of proper organizational structures. With nobody to manage the stakeholders present, the desired results are not attained. The lack of people in command to govern the running of the projects in the organization often pushes the customers’ needs and wants to the backburner. The hierarchical system in most organizations can prevent the attainment of desired results in the organization (Kerzner, 2009). Restructuring the system in which the organization is run can help the organization tremendously. Dividing the organization’s structure by hiring project managers to aid in the running of projects can also be of immense benefit (Kerzner, 2009). When the organization realizes the current system they are operating on is not working in their favor, they might try to adopt an alternative approach that focuses on the organization’s projects rather than the one that does not. Adopting a matrix system may be the way to go about it. A matrix system is one that involves different functional leaders in charge of their fields of expertise. Here, the people are able to report to the different leaders responsible while following the correct procedures, and protocol (Kerzner, 2009). Project managers have influence over the performance of all the employees they manage. There are different types of matrixes. There is the strong type, the weak type, and the balanced type. The strong type covers the project manager being in charge of the functioning of the projects.