Social and Family Law Essay Example | Topics and Well Written Essays - 1250 words

Social and Family Law - Essay Example Secondly, she should be aware of the fact that a valid consent is that which is informed and voluntary and that the person who is consenting should have the capacity to make such a decision (Lynch, 2010, p. 70). More importantly, she should be aware that in situations where children are involved in medical treatment, consent from the parent is usually required as a matter of parental responsibility. As a legal concept, Jackson (2009, p. 105) argues that parental responsibility gives her the responsibilities, rights, and authority over her children. As such, treatment of Alex through a wrist operation will greatly depend on her consent to treatment. As has been noted, Alex’s mother is accorded with parental responsibility in regard to the treatment of her son. Additionally, it has been noted that for consent to be valid it has to be informed and voluntary. Therefore, Alex’s mother has the right to be informed about Alex’s condition and right to access Alex’ s health records in order to make the decision on consent to his treatment. In regard to Brad’s situation, Mental Health Act 1983 adequately addresses the issues arising from the situation. Brad should know that the police have proper authority to take him to the hospital. This is because the Act provides that a person diagnosed with a mental illness should be detained in police custody or in hospital so that their disorder can be assessed and treated. Brad was admitted to the hospital as a compulsory patient because he needed assessment and care and to protect their safety or health and that of the public (Department of Health, 2011). Since Brad has refused to take the tablets, the Act the hospital staff can give him an injection against his will. The Act provides that in as much as the interests of the patient should be safeguarded, the patient can be treated against his wish in order to meet their health and safety needs. However, it is important to note that some types of treatment need to be approved by an independent doctor before being administered. Therefore, unless the administration of treatment through injection is an emergency because Brad has refused to take tablets, it should not be administered against his wish until it is approved by an independent doctor. According to Department of Health (2011), the Act stipulates that the hospital should give Brad information about his rights as a compulsory patient. This is essential in facilitating the effectiveness of the assessment and treatment process. Furthermore, the Act allows hospital to use his medical records for the purposes of their annual record validation. However, the details of the record should not be made public against his wish. Brad can look at his own medical records through the help of the nearest relative. The Act has a provision that gives the nearest relative the right to receive written information concerning the detention of the patient. Family Law Task A2. The contract of Marriage and the contract of Civil Partnership are governed by the Marriage Act 1994 and Civil Partnership Act 2004 respectively. These 2 types of contracts differ from the other types of contracts especially in regard to who may enter the contract, where it may take place, and the actual wording of the contract (Edge & Corrywright, 2011, p. 22). However, it should be noted that the legislation that govern these 2 types of co

The Spirit and Personality of Man Essay Example for Free

The Spirit and Personality of Man Essay The Spirit and Personality of Man In your opinion, how is the spirit and personality linked? Where does the idea of a spirit fit within your own theory of personality? What is the spirit of a man? Where did our personalities come from? What influences our personality? We know that our environment which includes our family, culture and communities’ influence us but what is behind our personalities? Should we think of the self as a complex chemical substance or as a spirit? We find ourselves identified with God in Genesis 1:26 (New International Version) in this book the Lord God is found speaking to other members of the Godhead and says, â€Å"Let us make mankind in our image, in our likeness, so that they may rule†, in Genesis 2:7 (NIV), he continues to tell us about our creation in the next chapter by saying, â€Å"the LORD God formed a man from the dust of the ground and breathed into his nostrils the breath of life, and the man became a living being. This tells us that our personality comes from God and that it is he that has made us and not we ourselves† Psalms 100: 3 (NIV). From a biblical standpoint of view it tells us that we come from God and that our personality is mostly spiritual since Adam had no life until God breathed into him and we likewise. When people die the body is lifeless and is returned to the ground. The Jewish, Christian and Muslim communities believe in the God of heaven (who is a Spirit, John 4:24) and that we took our personalities from him. On the flip side of that Satan worshipers believe that Satan (who is a spirit) is greater than God and they devoutly worship him and are lead by his Principalities, Power and Rulers in their everyday life. That seems to be about or close to half of the world’s population which believes that a spirit being controls their mind, will, and emotions. This informs us of where (I believe) we come from and where our personalities come from. No one, or no thing, is an island unto itself (Hoffman, 1993). Many people believe that we are sovereign unto ourselves, and that there is God’s ways (personality), my ways, and the Devils ways and that is not true. When Adam sinned against God, he gave authority over to Satan which allowed the kingdom of darkness a legal obligation to oppress, and possess me when they sin. Although we did not see happen physically nor do we see it reoccurring physically today, we see the result of the relationship between sin, personality and evil spirit. Every week or two I log on to scoan. org to watch Christian services by Prophet T. B. Joshua. Prophet T. B. Joshua is a Christian, minister, televangelist and faith healer. He is leader and founder of the ministry organization The Synagogue, Church of All Nations (SCOAN) located in Lagos, Nigeria. Most of time during his services before he begins to pray he says, â€Å"Whatever your situation is, whatever your problem is, it might be sickness, disease, cancer, bad luck; whatever your problem, a Demon is behind it†. Then when he begins to lead his congregation in prayer people who are possessed or oppressed by demons began to crawl, slither, gag, spit, and sometimes even want to fight him. What about these people’s personality causes them to behave inhumanly? I would say they are faking but I grew up around the same church environment, plus it is common to read about Demons reacting to Jesus the same way in Mark 9:14 – 20 (New International Version), the man with a deaf and dumb spirit, Mark 1:23-24, King James Version, a man with an unclean spirit in the synagogue, and the man with a legion of demons (Mark 5:15 NIV). When the man with the legion of demon had them cast out he was instantly changed from being a savage, into a man of solitude, a sound mind and peace. I do not understand how our spirit and personality actually connected but I do understand that the kingdom of heaven and the kingdom of darkness are in a war to save or destroy the spirit and personality of man. The bible says that our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms.

Principles of Fairness in Taxation

Principles of Fairness in Taxation Is it true to say that some forms of taxation are fairer than others? How might the present taxation system in the UK be improved to make it fairer? Ideas about the fairness of systems of taxation will always be subjective. Whilst wanting to enjoy the protection of the state and other benefits that taxation can provide, few citizens will be as keen to pay their taxes. There is little argument against the principle that taxes should be paid – the more difficult question is what constitutes a fair tax system? Adam Smith was one of the first economists to try and address the issue. He devised four principles for a fair tax system: that citizens ought to make a financial contribution to the state according to their own income and ability to do so; that taxes should be certain rather than arbitrary; that the collection of taxes should be done at a time and in a manner that is convenient for the taxpayer and; that taxes should be kept as low as possible and involve as little time and expense to the taxpayer as is possible. In a more modern setting, Smith’s principles can be summarised as equity, certainty, convenience and efficiency.[1] Equity of taxes is perhaps the most important of the principles. The Poll tax protests of the early 90s show what public reaction can be like if a tax is widely believed to be unfair and the Council Tax in place today continues to court controversy. The tax forces people on low incomes to pay out up to thousands of pounds a year in tax, with rates often dictated by central government. It is also unfair as the levels of council tax can vary greatly according to the efficiency of their local council. People on the same income living in different areas of the country can have vastly different council tax bills, with no great difference in the quality of their local services. Again, it appears to be the poorest that suffer – the poorest in the UJ pay four times as much as the rich as a proportion of income.[2] A contrary argument in respect of council tax however is that taxation should be agreed more at a local level when possible. 96% of taxes in the UK are levied centrally [3] More flexibility for local councils and the involvement of local people into taxation and spending decisions could help ensure that local needs are better met. Central Government cannot always make the correct local decisions and communities need to have the capacity to respond to local issues. There is certainly evidence that the UK tax system as whole is unfair and weighted so that the poor have a proportionately larger tax burden than the rich. Looking at all taxes paid, the poorest 20% of the UK population pay 42% of their income in taxes as opposed to 34% paid by the richest 20%.[4] The administration of a tax system should also be fair and efficient. Whilst self-assessment in the UK has helped improve this to some extent, a large part of the administrative tax burden in the UK is still with the taxpayer and this is unfair. Also, with a complex tax system, administration becomes even more expensive with small businesses in particular having to find funds for tax experts to conduct their tax affairs. Fair taxation also entails that citizens have a good understanding of the taxes that they have to pay and that the legislation for taxation is clearly defined. Poorly written legislation will always be open to misinterpretation and accusations of unfairness. Some taxes in the UK, such as corporation tax or VAT are often misinterpreted and this can again be seen as unfair on those who pay more simply because they do not have their own tax expert to make the most of the legislation for them. The confusion amongst UK taxpayers as to how and when they pay their taxes is clearly a weakness in the system. A summary of the principle taxes collected in the UK is required in assessing the fairness of the UK’s system. There are three types of tax base within the UK system; income which includes income tax and corporation tax; wealth capital which includes capital gains, inheritance tax and stamp duty and; expenditure which includes value added tax and excise duties. The income tax base that includes personal income tax and corporation tax is the tax that provides the most revenue. Total tax receipts for 2005/06 were an estimated  £483 billion and income tax provided 28.1% of this income.[5] There are however arguments that current levels of personal taxation are unfair. The Tax Reform Commission for example suggests that the basic rate of income tax should be set at 20%, that the personal allowance should be increased to  £7185 and that the 10% rate should be abolished altogether, something that would see 2.5 million of the lowest paid people stop paying income tax altogether. [6] Some personal allowances within the income tax system do already help in terms of equity – for example those over 65 have a personal allowance of  £7090 before tax compared to a £4895 allowance for those under 65. What is clear however is that the current levels of personal taxation against the lowest paid in the UK seem inappropriately high and should be reconsidered. National Insurance is a further example of this. Like income tax it is a direct tax on earnings yet different in that that it is linked to certain social security benefits. In practice however there is little relation between National Insurance payments made and benefits received for many individual contributors. There are a number of failures in the UK’s personal taxation in terms of fairness and it is the least well off that suffer Including income tax, NI contributions and loss of tax credits, somebody working 30 hours a week on the minimum wage can pay a marginal tax rate of up to 70%, plus the likelihood of further penalties through the loss of means tested benefits.[7] The marginal tax rate is much noticeably lower for those with a higher income,. There are certainly reforms that could improve and make fairer the current personal tax system. Reduced personal taxation, increased personal allowances and a reduction of the basic rate to 20% would help with this. The abolition of tax-free employee benefits and allowances would also simplify the system and a merging of income tax and National Insurance should be considered. Capital gains tax is the primary tax collected within the wealth tax base. It is a tax levied on gains made from the disposal of assets by individuals. The timing of this tax allows planning by the taxpayer who can prevent the accruing of excess liabilities – in this respect the tax meets the requirements of certainty. It had generally been seen as one of the fairer taxes from when indexation allowance was introduced in 1965 yet this can be questioned in more recent years since the indexation allowance was abolished and taper relief. Introduced. The timing of capital gains tax is also relatively fair in that it allows taxpayers to plan their returns to prevent excess liabilities being accrued. Inheritance tax is the other principle capital tax. This is seen as an unfair tax by many of the middle classes who see it as an unjust tax on properties and savings that their parents have left for them. Inheritance tax brings in substantial funds for HM Treasury with an estimated yield of  £3.3 billion[8] , yet a fairer system suggested by the Tax Reform Commission would be a shorter term capital gains tax on death excluding the family home – for many citizens liable for inheritance tax, the inclusion of property in this tax is seen as the most unfair aspect. Finally, there is scope for making business taxes in the UK fairer and more appealing to investors. The current tax rate of 19% for small companies is fairly low in comparison to international standards, yet in other areas such as relief on capital expenditure, rules on inward investment and taxation of overseas profits, UK taxes are less attractive to overseas investment. Changes to aspects of business taxes would help small businesses in particular and seem fairer to those who pay them. The complexity of business tax is also seen as unfair by many small businesses. It increases the cost of running a business the administrative burden of tax regulation on UJ businesses currently runs at  £5.1 billion, equating to 0.5% of GDP. [9] The fairness of taxation systems is a contentious issue. Some systems of taxation will always appear fairer than others, yet this will largely depend on who is paying them and the financial position of the individual. In the UK today, the burden on the lowest paid initially seems unfair, yet the richest in society will argue that a higher tax on their wealth is a disincentive to enterprise. The middle classes will see something like inheritance tax as unfair, whilst the poorest will see it as perfectly reasonable. A lower overall tax burden for UK citizens is desirable and lower tax margins for the poorest would undoubtedly make the system fairer. More radical proposals such as the introduction of a much more simplified flat tax have been mooted, yet it is improbable that such a system could meet the demand for public expenditure in the UK today. The basic principles of Adam Smith should still apply to the system of taxation in the UK today. Taxes should be fair, certain, convenient and efficient and whilst the UK system does not fully meet those criteria at present, tax reform should continue to work towards this standard. References Adam S Browne J, A Survey of the UK Tax System, Institute for Fiscal Studies Briefing Note, BN09, March 2006 Lymer A, Oats L Hancock D, Taxation Policy and Practice, Accounting Education Ltd, Birmingham, 2003. May J King M, The British Tax System, Oxford University Press, New York 1990 Tax Reform Commission, Tax Matters – Reforming the Tax System, institute for Fiscal Studies Publication 2006 http://www.libdems.org.uk/community/issues/counciltax.html 1 Footnotes [1] p2 Ch 2, Lymer, Oats Hancock, Taxation Policy and Practice, Accounting Education Ltd, Birmingham, 2003 [2] www.libdems.org.uk [3] (Stoker Gary, Councils need more taxation freedoms, p22 The Guardian July 3 2001). [4] www.libdems.org.uk [5] p3 Adam Browne, A Survey of the UK Tax System, Institute for Fiscal Studies Briefing Note, BN09, March 2006) [6] p7 Tax Matters 2006 [7] p57 Tax Matters 2006 [8] p17 Adam and Browne 2006 [9] p21 Tax Matters 2006.

Initiation in Mark Twain’s The Adventures of Huckleberry Finn Essay

Initiation in The Adventures of Huckleberry Finn In the Adventures of Huckleberry Finn, â€Å"Initiation† is the main idea, in other words the â€Å"major theme.† In an initiation narrative, the protagonist, who in this case was Huck Finn, goes through a rite of passage, a growing up process, which is multifaceted. In a moment of crisis, the protagonist is suddenly obliged to make the painful and alarming transition from childhood to adulthood; this passage is known as the initiation. The initiation is the protagonist’s first step or movement into a new beginning. It is essentially a process by which the hero gains self-knowledge and finds his own identity. In the process, he also learns about the world in which he lives and the nature of evil. The Adventures of Huckleberry Finn, is a novel...

Franz Kafka the Metamorphosis

The Metamorphosis is arguably Franz Kafkas best works of literature where author, Franz Kafka, directly casts upon the negative aspects of his life both mentally and physically. Franz Kafka was a visionary, whose works contained the secret to the future. Kafka’s world is one of a kind. To Kafka popular culture portrays contrast between functional and dysfunctional families to frame the elements that contribute to their formation. In similar pursuit, Kafka recognizes one significant aspect in the establishment of a healthy and stable family.In The Metamorphosis, Franz Kafka applies symbols, imagery, and settings to impress that a family organization where equally shared responsibilities prevail is more effective in keeping a positive domestic atmosphere. Also Kafka demonstrates the absurdity of human life and the sense of alienation of human existence, a reflection of Kafka’s own life. â€Å"Because the notion of bug aptly characterized his sense of worthlessness and pa rasitism before his father. † (Neider 262). When Franz Kafka was a boy his father abused him.Whenever Kafka disagreed with his father or told his father that he wanted to be a writer, his father got very upset with him. Franz was expected to follow the course his father planned out for him. â€Å"But from his childhood he considered himself a disappointment to his authoritarian figure parent and inadequate when compared with him. † (Czech 255). Kafka’s father viewed Franz as a failure and disapproved of his writing because he wanted Franz to become a businessman like him. This obsession with wanting Franz to become a businessman led his father Herrman to beat his son.There was always a great tension between Kafka and his father; Kafka always had strong mixed feelings toward him. Franz had other siblings but he was left all alone to struggle with the mantle of his father's expectations and frustrations. The relationship between Gregor and his father is in many way s were similar to Franz and his father Herrman. The emotional and physical abuse Gregor goes through is reciprocal to what Kafka went through in real life. They were both abused and neglected by their fathers when they were disappointed with them.â€Å"The mother and sister almost survive the test, but the father rejects him from the start. (Angus 264). The relationship with his father was reflected in Kafka’s, The Metamorphosis. In the book, Mr. Samsa displayed a violent temper from the very first encounter with the transformed Gregor. â€Å"When he chased Greggor back into the room, he kicked him in the back as he reached for the door. † (Kafka). Kafka illustrates that imbalance in family responsibility results in resentment and hatred. â€Å"All our knowledge of Kafka’s life and story technique suggests that it is a precipitation in fantasy of his lifelong sense of loneliness and exclusion. † (Angus 264).Quite apart from his isolation within his famil y, Kafka also felt isolated from the rest of society. Both Samsa and Kafka experienced the difficulties of living in a modern society and the struggle for acceptance of others when in a time of need. Also the lack of affection in Kafka’s childhood is a cause of feeling isolation that both Samsa and Kafka felt. Kafka never seemed to keep a wife. He was engaged twice but both times he was the one that ended the engagement. In The Metamorphosis, Gregor Samsa says â€Å"Constantly seeing new faces, no relationships that last or get more intimate. (Kafka).Gregor Samsa was a character that endured seclusion and exile like no other. Gregor adopts the precaution â€Å"of locking all the doors during the night even at home. † (Kafka). In this quote, the lock symbolizes Gregor’s wish to isolate himself from his family and society due to his anger. â€Å"Into a room in which Gregor ruled the bare walls all alone, no human being inside Grete was ever likely to set foot. à ¢â‚¬  (Kafka 34). The way Samsa was portrayed by his own family was the main cause of the feelings in which Gregor felt.His family purely the basis of the isolationism. Throughout the book, The Metamorphosis, Kafka creates Gregor to express his own feelings of isolation and alienation. â€Å"Reminded even his father that Gregor was a member of the family, in spite contrary, it was the commandment of family duty to swallow their disgust and endure him, endure him and nothing more. † (Kafka). Kafka, in a similar situation, uses Gregor transforming into a bug as a way of exaggerating himself, trying to express his feelings and point of view.Kafka saw the world much as he describes in his novels, just as a man who feels himself to be persecuted sees reality fitting into a system, which is really of a spiritual order, to persecute him. † (Spender 257). Kafka who had the pressure of his father forcing his own occupation on him resulted in a negative way. It was the main reas on that caused Kafka’s animosity towards his father. Kafka’s father already forced him to do what he wanted and not what Kafka wanted. This is similar to Gregor’s work life as a salesman. Gregor is not working for himself but to pay the family’s debt; he is unsatisfied with his occupation.Gregor Samsa is the only provider in the family he gives his family a nice atmosphere making them all feel economic security. Gregor’s atmosphere is one his family wouldn’t understand. He has the burden of finance on just him, only a single person results and this results in bitterness and anger. Kafka implies that in order to achieve a healthy family atmosphere, all members must contribute equally to common causes. Kafka uses symbols to contrast the difference in mood between the unequal and equal shares in financial responsibility of the Samsa’s family.He also uses imagery and settings to provide a transition between positive and negative oppositio n as a result of the shift towards balance and evenness of responsibility. His message is about domestic stability. The first page of The Metamorphosis is Gregor’s transformation. This tends to leave many readers confused at what’s actually going on. â€Å"Kafka states in the first sentence that Gregor wakes up to find himself changed into a giant kind of vermin (â€Å"Ungeziefer†). The term â€Å"vermin† holds the key to the double aspect of The Metamorphosis. † (Sokel 267). When you think vermin you think, bug.According to the dictionary a vermin is â€Å"noxious, objectionable, or disgusting animals collectively, especially those of small size that appear commonly and are difficult to control. † You think its just something that lives off human beings and maybe sucks their blood. However in context to The Metamorphosis â€Å"On the other hand, it connotes something defenseless, something that can be stepped upon and crushed. † (Sok el 267). These words are proven to be a correlation to how Gregor Samsa felt in The Metamorphosis. This is how Kafka felt about himself. He uses Gregor to expand upon what and how he felt.He felt this way relating back to his father. Kafka’s father viewed him as a vermin. â€Å"Kafka’s famous letter to his father would give support to such a view since Kafka has his father refer to him as a blood-sucking type of vermin, a bedbug or a louse. † (Sokel 267). Franz Kafka channels his real insecurities into his writing by attributing them to his protagonist, Gregor. The transformation from human to insect depicted in his novel represents the author’s childhood loss of confidence and self-esteem. The Kafkaesque nightmare of The Metamorphosis mimics the authors own life.

Taking Action on Earth Day

Taking Action on Earth Day Every year, people all around the world come together to celebrate Earth Day. This annual event is marked by lots of different activities,  from parades to festivals to film festivals to running races. Earth Day events typically have one theme in common: the desire to show support for environmental issues and teach future generations about the need to protect our planet. The First Earth Day The very first Earth Day was celebrated on April 22, 1970. The event, which some consider to be the birth of the environmental movement, was founded by United States Senator Gaylord Nelson. Nelson chose the April date to coincide with spring while avoiding most spring break and final exams. He hoped to appeal to college and university students for what he planned as a day of environmental learning and activism. The Wisconsin Senator decided to create an Earth Day after witnessing the damage caused in  1969 by a massive oil spill in Santa Barbara, California. Inspired by the student anti-war movement, Nelson hoped that he could tap into the energy on school campuses to get kids to take notice of issues such as air and water pollution,  and put  environmental issues onto the national political agenda. Interestingly, Nelson had tried to put the environment on the agenda within Congress from the moment he was elected to office in 1963. But he as repeatedly told that Americans were not concerned about environmental issues. So Nelson went straight to the American people, focusing his attention on college students.   Participants from 2,000 colleges and universities, roughly 10,000 primary and secondary schools and hundreds of communities across the United States got together in their local  communities  to mark the occasion of the very first Earth Day. The event was billed as a teach-in, and event organizers focused on peaceful demonstrations that supported the environmental movement. Almost 20 million Americans filled the streets of their local communities on that first Earth Day,  demonstrating  in  support of environmental issues in rallies large and small all across the country. Events focused on  pollution, the dangers of pesticides, oil spill damage, the loss of wilderness, and the extinction of wildlife. Impacts of Earth Day The first Earth Day led to the creation of the United States Environmental Protection Agency and the passage of the  Clean Air,  Clean Water, and  Endangered Species  acts. It was a gamble, Gaylord later recalled, but it worked. Earth Day is now observed in 192 countries, and celebrated by billions of people around the world. Official Earth Day activities are coordinated by the nonprofit, Earth Day Network, which is  chaired by the first Earth Day 1970 organizer, Denis Hayes. Over the years, Earth Day has grown from localized grassroots efforts to a  sophisticated network of environmental activism. Events can be found everywhere from tree planting  activities  at your local park to  online Twitter parties that share information about environmental issues. In 2011,  28 million trees were planted in Afghanistan by the Earth Day Network as part of their Plant Trees Not Bombs campaign. In 2012, more than 100,000 people rode bikes in  Beijing to raise awareness about climate change and help people learn what they could do to protect the planet. How can you get involved? The  possibilities  are endless.  Pick up trash in your neighborhood. Go to an Earth Day festival. Make a commitment to reduce your food waste or electricity use. Organize an event in your community. Plant a tree. Plant a garden. Help to organize a community garden. Visit a national park. Talk to your friends and family about environmental issues such as climate change, pesticide use, and pollution.   The best part? You dont need to wait until April 22 to celebrate Earth Day. Make every day Earth Day and help to make this planet a healthy place for all of us to enjoy.