Human Rights and Food Security

A PAPER ON: ‘Human rights and food security’ _______________________________________ PRESENTED BY: SHASHANKA KUMAR NAG LL. M- THIRD SEMESTER HIDAYATULLAH NATIONAL LAW UNIVERSITY RAIPUR, CHHATTISGARH Address: Shashanka Kumar Nag LL. M (Third Semester) Boys Hostel, B- Block, Room No. F-32 Hidayatullah National law University Uparwara Post, Abhanpur New Raipur – 493661 (C. G. ) Mobile: 09804513485, 08817104782 E-mail- [email  protected] com DECLARATION I declare that the work submitted by me for this seminar is a result of my own effort.I affirm that there is no plagiarism and copying, either partially or entirely, from someone else's works, without giving proper credit and acknowledgement to the source(s)/author(s). INTRODUCTION â€Å"There are people in the world so hungry, that God cannot appear to them except in the form of bread. † Mahatma Gandhi Human rights are commonly understood as â€Å"inalienable fundamental rights to which a person is inherent ly entitled simply because she or he is a human being. Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law. The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world.Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. The ancient world did not possess the concept of universal human rights. Ancient societies had â€Å"elaborate systems of duties†¦ conceptions of justice, political legitimacy, and human flourishing that sought to realize human dignity, flourishing, or well-being entirely independent of human rights†.The modern concept of human rights developed during the early Modern period, alongside the European secularization of Judeo-Christian ethics. The true forerunner of human rights discourse was the concept of natural rights which appeared as part of the medieval Natural law tradition that became prominent during the Enlightenment with such philosophers as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and featured prominently in the political discourse of the American Revolution and the French Revolution.The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948, partly in response to the atrocities of World War II. Although the UDHR was a non-binding resolution, it is now considered by some to have acquired the force of international customary law which may be invoked in appropriate circumstances by nati onal and other judiciaries. The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights as part of the â€Å"foundation of freedom, justice and peace in the world. The declaration was the first international legal effort to limit the behaviour of states and press upon them duties to their citizens following the model of the rights-duty duality. The right to food, and its variations, is a human right protecting the right for people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity and malnutrition.The right to food does not imply that governments have an obligation to hand out free food to everyone who wants it, or a right to be fed. However, if people are deprived of access to food for reasons beyond thei r control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly. Right to Food and right to be free from hunger are the human rights which are protected under various international human rights and humanitarian laws.Right to food is explicitly mentioned in the Article 25(1) of the Universal Declaration of Human Rights 1948; and the Article 11 of International Covenant on Economic, Social and Cultural Rights, 1966. It is also recognised in the Convention on the Rights of the Child 1989 and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Right to food of indigeneous people is implicit in the ILO Convention No-169 which is approved by 17 countries. Approximately 20 countries in the world have incorporated the Right to Food for their people. THE CONCEPT OF FOOD SECURITYWorld Development Report (1986) defined food security as â€Å"access by all people at all times to enough food for an active, healthy life. According to Food and Agricultural Organisation (FAO) of the UNO, â€Å"Food security exists when all people at all times have access to sufficient and nutritious food to meet the dietary needs and food preference for an active and healthy life. † Staatz (1990) defined food security as â€Å"The ability to assure, on a long term basis, that the food system provides the total population access to a timely, reliable and nutritionally adequate supply of food. Thus food security may be of short-term or sustainable. In case of short-term food security we consider food security of the present population only. But in case of sustainable food security we consider the food security not only of the present generation but also of the future generation as well. According to Swaminathan, â€Å"Sustainable food security means enough food for everyone at present plus the ability to provide enough food in future as well. † In the long-run sustainable food security is very important. ELEMENTS OF FOOD SECURITY Food security is a state of being.Like literacy or good health, food security is a state that everyone wants to enjoy. Governments have decreed that every person has an inalienable right to food. The fundamental purpose of economic activity is to ensure adequate access to food for oneself and one’s family. The primacy of food security as an objective for human activity is reflected in the frequency with which the term â€Å"food security† appears in UN declarations and NGO advocacy efforts. The World Trade Organisation (WTO) Agreement on Agriculture acknowledges the legitimacy of food security concerns.South Africa, Brazil and Norway have all enshrined the right to food in law. There are basically three principle elements of Food Security. These are: Supply: Global food production has by and large kept up with or exceeded demand over the past century. The application of new technologies to agriculture, including mechanized vehicles to till, plant and harvest crops; improved seed and breeding stock; and the use of herbicides, pesticides and inorganic fertilizers, has vastly increased productivity.At the same time , one third or more of agricultural land used to be dedicated to growing fuel (wood to burn) or feed for the animals that provide muscle for transportation and production (hay for horses and oxen). Much of that land is now available to grow food for humans instead, adding to the total overall supply. Distribution: Distribution depends on such things as markets, transportation, infrastructure, relative purchasing power and the source and nature of the supply.Where the food is traded commercially , the volume and type of food traded is related to purchasing power and the ease with which the trader can reach a market. Access: Food security is about individuals , families and communities, not about regional and national aggregates. That is why, supply is only one piece of the food security puzzle. Only rarely does a whole country face hunger or famine. Rather, when the food supply is insufficient, those with greater purchasing power get food while those without sufficient income or entitlement go hungry.CONSTITUTIONAL PROVISIONS FOR ENSURING FOOD SECURITY In India there is a deeply rooted tradition of respect for food – it stresses the importance of growing and sharing food. Sharing or offering food is a universal tradition shared by all religious entities that have roots in the Indian soil. Accordingly, in 1950, India adopted a very progressive Constitution aimed at ensuring all its citizens social, economic and political justice, equality, and dignity. Therefore any law to be valid in Indian Territory must be within the constitutional framework.Like in many countries of the World the â€Å"The Right to Food† in Indian Constitution is not recognized as a â€Å"Fundamental Right†. Therefore, there is no constitutional m andate to have a claim over it. Regarding right to food, one has to look for relevance in Article 21 of the Constitution, entitled â€Å"Protection of life and personal liberty† and Article 47 â€Å"Duty of the state to raise the level of nutrition and the standard of living [†¦]† as well as in judicial interventions of the Supreme Court and various Acts, which have cumulatively strengthened the right to food in India.Knowing the constitutional and legislative framework in India regarding the right to food is crucial for identifying right to food violations and supporting victims in realizing their right to food. Indian Constitution Part III, Article 21 â€Å"Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except to procedure established by law. † The phrases â€Å"Protection of life† and â€Å"personal liberty† have called several times for interpretation. A series of judicial inter ventions and interpretations have deepened the normative content of this fundamental right.Indian Constitution Part IV: Directive Principles The right to food or in general the economic, social, and cultural rights are defined in Part IV of the Constitution as Directive Principles of State Policy, which are guidelines to the central and State Governments for framing laws and policies. The provisions are not enforceable by any court, but the principles laid down therein are considered as fundamental in the Governance of the country. There are several Articles under the Directive Principles offer remote relevance for the right to food, but the clearest statement regarding the right to food is provided by Article 47.Article 47:   Duty of the State to raise the level of nutrition and the standard of living and to improve public health. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs, which are injurious to health.Putting together Article 21 and 47 and various interpretations of the Supreme Court of one can safely say that the Government of India has a constitutional obligation to take appropriate measures to ensure a dignified life with adequate food for all citizens. The right to food can be regarded as a fundamental right by virtue of interpretation. NATIONAL MEASURES TO ENSURE FOOD SECURITY There has been a continous appeal to the Government for passing a legislation on food security.The government is likely to accept most of the recommendations of Sonia Gandhi-led National Advisory Council (NAC) on the proposed food security law despite warnings that the suggestions would add to subsidy burden, increase dependence on imports and distort the country's food economy. The food ministry has s et out plans that are in line with the NAC's proposal to widen the scope of the legislation, which seeks to provide legal guarantee of subsidised grains to the poor.Several experts have warned that the NAC recommendations would force the government to substantially raise its grain procurement, which in turn would lead to a larger subsidy burden on its already stretched finances. The council had proposed legal subsidised food entitlements for at least 72% of the country's population in Phase-I by 2011-12. The NAC had also proposed legal subsidised food entitlements for 75% of the country's population, covering the ‘priority' (below the poverty line) and ‘general' (above the poverty line) households, in Phase-II by 2013-14. National Food Security Bill, 2011The government has introduced the much anticipated National Food Security Bill — a legislation aimed at shoring up the UPA's support base — in Parliament. The â€Å"landmark social legislation† will guarantee grain at extremely cheap rates to more than half of the population. Food minister KV Thomas, who introduced the bill in the Lok Sabha amid thumping of desks by Congress members led by party president Sonia Gandhi, said that it would ensure that all Indians â€Å"live a life with dignity†. The bill marks a shift in approach to the problem of food security — from the current welfare paradigm to a rights-based approach.The proposed legislation confers eligible beneficiaries the legal right to receive grain at highly subsidised prices. The National Food Security Bill, 2011, considered to be the world's largest experiment in ensuring food security to poor, has been a key project of Congress president Sonia Gandhi. The bill brings under its purview 63. 5% of the country's population —75% of rural households and 50% of urban households. The bill classifies all entitled households as â€Å"general† and â€Å"priority†. At least 46% of rural house holds and 28% of urban households would be designated as â€Å"priority†.Every person belonging to a â€Å"priority household† will be provided with 7kg of grain per month, comprising rice, wheat and coarse grain. Rice will be provided at Rs 3, wheat at Rs 2 and coarse grain at Rs 1 per kg. Others belonging to the â€Å"general category† would be entitled to not less than 3kg of grain per month at a rate not exceeding 50% of the minimum support price. Once passed, the food subsidy bill is expected to rise to Rs 95,000 crore. Initial estimates pegged the increase in subsidy at nearly Rs 28,000 crore.However, on Thursday, the government made a downward revision of the additional burden on the central government — between R 21,000 crore to R 23,000 crore. The bill's financial memorandum estimates the total annual expenditure on food subsidy under the targeted public distribution system at about Rs 79,800 crore. â€Å"The estimate of food subsidy is however dependent, among other things, upon economic cost, central issue of price of grain, number of beneficiaries covered and quantities of grain allocated and lifted, and therefore subject to change with changes in any or all of the variables affecting food subsidy,† the memorandum states.Experts maintain that the annual increase would be to the tune of Rs 27,500 crore. However, Thomas said â€Å"an additional amount of not more than about Rs 20,000-21,000 crore annually would be required by way of subsidy. † The minister argued since the food bill merges many ongoing programmes meant for women, children and the poor, there would be no additional financial burden. The total financial liability to implement the law is expected to be Rs 3. 5 lakh crore, with funds being required to raise agriculture production, create storage space and publicity.A sum of roughly Rs 1,11,000 crore would be required to boost farm output with grain requirement increasing, on account of this inter vention, from 55 million tonne to 61 million tonne annually. Thomas stressed that â€Å"this Rs 1,10,600 crore is not an additional burden. We need to invest in agriculture to boost production anyway†. The proposed law entitles every pregnant woman and lactating mother to meal free of cost during pregnancy and six months after childbirth. Cash benefits of Rs 1,000 per month to meet increased food requirements of pregnant women would be provided for the first six months of pregnancy.At Rs 1,000 per month and covering 2. 25 crore women, an expenditure of nearly Rs 13,500 crore has been estimated. This will be borne by the central government and the states. Schemes to Ensure Food Security: There are also certain central food schemes and other assistance programmes for the poor in India. These are: * Targeted Public Distribution System; * Antyodaya Anna Yojana; * Mid-day meal scheme; * Annapoorna Yojana; * Integrated Child Development Services; * National family benefit scheme; * National maternity benefit scheme; and National old age pension scheme. The Public Distribution System (PDS) Public Distribution System (PDS) is an Indian food security system. Established by the Government of India under Ministry of Consumer Affairs, Food, and Public Distribution and managed jointly with state governments in India, it distributes subsidised food and non-food items to India's poor. Major commodities distributed include staple food grains, such as wheat, rice, sugar, and kerosene, through a network of Public distribution shops (PDS) established in several states across the country.Food Corporation of India, a Government-owned corporation, procures, maintain and issue food grains to the state. Distribution of food grains to poor people throughout the country are managed by state governments. As of date there are about 4. 99 lakh Fair Price Shops (FPS) across India. Annapoorna Yojana This scheme was started by the government in 1999-2000 to provide food to senior citi zens who cannot take care of themselves and are not under the targeted public distribution system (TPDS), and who have no one to take care of them in their village.This scheme would provide 10  kg of free food grains a month for the eligible senior citizens. The allocation for this scheme as off 2000-01 was Rs 100 crore. Antyodaya Anna Yojana Antyodaya Anna Yojana (AAY) is an Indian government sponsored scheme for ten millions of the poorest families. It was launched by NDA government in December 2000. It is on the lookout for the ‘poorest of the poor' by providing them 35 kilos of rice and wheat at Rs. 2 per kg. Mid-Day Meals Scheme The Midday Meal Scheme is the popular name for school meal programme in India which started in the 1960s.It involves provision of lunch free of working days. The key objectives of the programme are: protecting children from classroom hunger, increasing school enrollment and attendance, improved socialization among children belonging to all caste s, addressing malnutrition, and social empowerment through provision of employment to women. The scheme has a long history, especially in the state of Tamil Nadu. The scheme was introduced statewide by the then Chief Minister K. Kamaraj in the 1960s and later expanded by the M. G. Ramachandran government in 1982.It has been adopted by most Indian states after a landmark direction by the Supreme Court of India on November 28, 2001. The success of this scheme is illustrated by the tremendous increase in the school participation and completion rates in Tamil Nadu. Status of the Food Schemes in India The framework of the right to food is one of the basic economic and social rights that are essential to achieve the â€Å"economic democracy† without which political democracy is , at best, incomplete. The right to food is nowhere being realized in India.The schemes introduced by the Government are well designed, yet their implementation has been poor. In India, food security exists at the macro level in terms of physical access to food. Economic access is far from satisfactory, both at the micro as well as the macro level. The statement that economic access to food is far from satisfactory is confirmed by the fact that a significant proportion of the society lives in poverty and is malnourished. This section of the society is underprivileged and has less voice. INTERNATIONAL INSTRUMENTS TO ENSURE FOOD SECURITYThe right to food imposes on all States obligations not only towards the persons living on their national territory, but also towards the populations of other States. These two sets of obligations complement one another. The right to food can only be fully realized where both ‘national’ and ‘international’ obligations are complied with. CONSTITUTION OF FAO, 1965 Preamble The Nations accepting this Constitution, being determined to promote the common welfare by furthering separate and collective action on their part for the purpos e of: raising levels of nutrition and standards of living†¦ and thus†¦ nsuring humanity's freedom from hunger. WORLD FOOD SUMMIT PLAN OF ACTION, 1996 Commitment Seven We will implement, monitor and follow-up this Plan of Action at all levels in cooperation with the international community. Objective 7. 4 To clarify the content of the right to adequate food and the fundamental right of everyone to be free from hunger, as stated in the International Covenant on Economic, Social and Cultural Rights and other relevant international and regional instruments, and to give particular attention to implementation and full and progressive realization of this right as a means of achieving food security for all.To this end, governments, in partnership with all actors of civil society, will, as appropriate: a. Make every effort to implement the provisions of Article 11 of the International Covenant on Economic, Social and Cultural Rights (the Covenant) and relevant provisions of other i nternational and regional instruments; b. Urge States that are not yet Parties to the Covenant to adhere to the Covenant at the earliest possible time; c. Invite the Committee on Economic, Social and Cultural Rights to give particular attention to this Plan of Action in the framework of its activities and to continue to monitor the mplementation of the specific measures provided for in Article 11 of the Covenant; d. Invite relevant treaty bodies and appropriate specialized agencies of the UN to consider how they might contribute, within the framework of the coordinated follow-up by the UN system to the major international UN conferences and summits, including the World Conference on Human Rights, Vienna 1993, within the scope of their mandates, to the further implementation of this right; e.Invite the UN High Commissioner for Human Rights, in consultation with relevant treaty bodies, and in collaboration with relevant specialized agencies and programmes of the UN system and appropri ate intergovernmental mechanisms, to better define the rights related to food in Article 11 of the Covenant and to propose ways to implement and realize these rights as a means of achieving the commitments and objectives of the World Food Summit, taking into account the possibility of formulating voluntary guidelines for food security for all. UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948Article 25 Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food†¦ INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 1966 Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food.  · The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent. 2.The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international cooperation, the measures, including specific programmes, which are needed: a. To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; b.Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need. Article 2 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the fu ll realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD, 1989 Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to health care services. 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: c. o combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods. d. to ensure that all segments of society, in particular parents and children, are informed, have access to education and are suppor ted in the use of basic knowledge of child health and nutrition. Article 27 States Parties, in accordance with national conditions and within their means†¦ shall in case of need provide material assistance and support programmes, particularly with regard to nutrition.Apart from these the Right to Food has also been recognized in many specific international instruments as varied as the 1948  Genocide Convention  (Article 2), the 1951 Convention relating to the Status of Refugees  (Articles 20 and 23),  the 1989  Convention on the Rights of the Child  (Articles 24(2)(c) and 27(3)), the 1979  Convention on the Elimination of All Forms of Discrimination Against Women  (Articles 12(2)), or the 2007Convention on the Rights of Persons with Disabilities  (Articles 25(f) and 28(1)). JUDICIAL INTERPRETATIONS 1.KISHEN PATTNAYAK VS. STATE OF ORISSA, In this petition, the petitioner wrote a letter to the Supreme Court bringing to the court’s notice the extreme pover ty of the people of Kalahandi in Orissa where hundreds were dying due to starvation and where several people were forced to sell their children. The letter prayed that the State Government should be directed to take immediate steps in order to ameliorate this miserable condition of the people of Kalahandi. This was the first case specifically taking up the issue of starvation and lack of food.In this judgement, the Supreme Court took a very pro-government approach and gave directions to take macro level measures to address the starvation problem such as implementing irrigation projects in the state so as to reduce the drought in the region, measures to ensure fair selling price of paddy and appointing of a Natural Calamities Committee. None of these measures actually directly affected the immediate needs of the petitioner, i. e. to prevent people from dying of hunger. More importantly, the Supreme Court did not recognise the specific Right to Food within this context of starvation. . PUCL VS. UNION OF INDIA, This is a landmark case relating to Right to Food and food security. This case, technically known as â€Å"PUCL vs Union of India and others (Writ Petition [Civil] No. 196 of 2001)†, is handled by an advisory group consisting of a few members from the People's Union for Civil Liberties (PUCL), Human Rights Law Network (HRLN), former support group of the RIght to Food Campaign and other active individuals in the campaign. Supreme Court hearings have been held at regular intervals since April 2001, and the case has attracted wide national and international attention.Although the judgment is still awaited, significant â€Å"interim orders† have been passed from time to time. For instance, the Supreme Court has passed orders directing the Indian government to: (1) introduce cooked mid-day meals in all primary schools, (2) provide 35 kgs of grain per month at highly subsidized prices to 15 million destitute households under the Antyodaya component of the PDS, (3) double resource allocations for Sampoorna Grameen Rozgar Yojana (India's largest rural employment programme at that time, now superseded by the Employment Guarantee Act), and (4) universalize the Integrated Child Development Services (ICDS). . CHAMELI SINGH VS. STATE OF U. P. , In this case, it was held that right to life guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. The method in which the constitutional social rights or the DPSP have been enforced or made justifiable by the Supreme Court has been through an expansion of the existing fundamental rights, particularly the Right to Life guaranteed in Article 21. CONCLUSION Starvation deaths and high prevalence of hunger clearly show that India needs to wake up.The judiciary cannot monitor the implementation of the schemes forever. The government needs to review policy from time to time and take corrective measures for effective implementa tion of different schemes and programmes, establish effective mechanisms of accountability and ensure the right to food for all. As the problem of food insecurity relates to both the demand and supply of food, a solution could be to empower people towards greater purchasing power, as well as addressing the inadequacy of the distribution system, and checking corruption and leakages.Awareness among the people with regard to their right to food can escalate the process of equitable distribution and thus help to realize the right to food for all citizens. The right to food is not just a basic human right, it is also a basic human need. It essentially requires the state to ensure that at least people do not starve. Implementation of the right to food does not imply that impossible efforts be undertaken by the states. The obligation to protect and respect the people compels the state to implement the right to food effectively, without recourse to extensive financial means. — Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€œ 2 ]. Food Crisis and Sustainable Food Security in India by Jaydeb Sarkhel [ 3 ]. Right to Food- Reforms and Approaches, 2007, The Icfai University Press, pp5-6 [ 4 ]. Dev, S. M, and R Evenson (2003) ‘Rural Development in India:Rural, Non-farm and mitigation’ SCID Working Paper No. 187. [ 5 ]. See available at http://socialissuesindia. wordpress. com/2010/08/05/human-rights-to-food-in-indian-constitution/ [ 6 ]. See available at http://articles. economictimes. indiatimes. com/2011-05-23/news/29574365_1_nac-recommendations-food-security-law-food-entitlements [ 7 ]. See available at http://articles. economictimes. ndiatimes. com/2011-12-23/news/30550903_1_food-subsidy-national-food-security-bill-grain [ 8 ]. Right to Food- Reforms and Approaches, 2007, The Icfai University Press, p. 230 [ 9 ]. As amended in 1965. [ 10 ]. Adopted by the World Food Summit, Rome, 13 to 17 November 1996. FAO. 1997. Report of the World Food Summit, Part One. Rome [ 11 ]. Adopted by the General Assembly on 10 December 1948. UN doc. A/811. [ 12 ]. General Assembly Resolution 2200 A (XXI), Annex, of 16 December 1966. [ 13 ]. General Assembly Resolution 44/25, Annex, of 20 November 1989. [ 14 ]. AIR 1989 SC 677. [ 15 ]. 2001. [ 16 ]. (1996) 2 SCC 549.

Copyright and whether it has been infringed?

In order to be able to settle the question whether or not there has been copyright infringement, the two underlying principles to guide us is the applicable law and infringement. The submissions by both parties to the dispute were drawn from the federal laws and a clear jurisdiction is provided for under the 1976 Copyright Act. Further, the submissions by the parties were clearly on cases that are from the federal courts and hence jurisdiction is not a debatable issue. The other issue is on the question of infringement.As previously indicated, the infringement arises when the copyright registered is used by somebody else who purports to be the owner of that work. In this issue, the plaintiff did not have his work registered, however, it is not a disputed fact that the works belonged to the plaintiff and therefore not an issue. The question that suffices in this case is the similarity of expression. The intention of the Copyright act is to protect the author’s expression of ide a and not the idea itself.In the present case the plaintiff had brought to the defendant the work which the defendant was to look into and decide whether it was a good idea or not, however, the defendant went on to pass the works to another third party who turned to be his agent to confirm the work and instead stole his ideas and a document was produced to that effect. The intention of the doctrine is to protect the authors’ expression. In order to settle this question the court looks at the nature of expression is it expressed in myriad ways or in narrow ways?In the above case, the expression is expressed in narrow form and therefore there is similarity of expression from the document which was produced by the third party, who was in concert with the defendant herein, it is therefore correct to submit that there was infringement by the defendant. Whether or not there is an implied contract of fact? The issue of whether or not that there existed a contract is one which cannot go ignored. The rule of thumb is that all contracts must be in writing. However, the case before us is that, there is no written contract between the parties and therefore the issue of implied contract of fact arises.Whether or not there is an implied contract of fact, the test will be applied to the intentions and conduct of the parties. A contract implied in fact will construct the whole agreement, further it is a contract that is created when a party tacitly accepts benefit at a time it was able to reject it. In the present case, it is the finding of the court and fact that the plaintiff had given the defendant manuscript and that they would use it for the purpose which was intended and should they do otherwise then the plaintiff should have go consideration.In arriving to this conclusion the court looks at the intention and the conduct of both parties at the time of making of the contact. It is clear from the conduct of the defendant especially from the second request for the m anuscript that there was intention to create an implied contract of fact. For the court to arrive at the conclusion that indeed the defendant was in breach is in order and therefore the plaintiff should be awarded the remedies that follow suit as a result of the defendant breaching the contract.Under the California laws which the plaintiff had pleaded under, the courts can enforce for remedies. Whether or not the affecting issues will affect the judgment of the court? There are other issues that directly and indirectly affect the outcome of the case this include; †¢ Exclusion of hearsay Evidence †¢ Denial of Motion to amend †¢ Finding of fact †¢ Statute limitations †¢ Attorneys fees It is trite law that the hearsay evidence will not be admitted on record save that it meets the exception rule. The issue in this case is whether or not in the trial courts’ finding the exclusion was in order.In the circumstances, the exclusion was in order since the evide nce which the parties had purported to bring before the court was adduced by a third party and clearly could not and hearsay hence did not fall within the exception rules. Motion to amend can be given if certain legal principles and threshold are met with the party seeking to rely on it. The underlying guideline is that, the Motion to amend can be given and if it does not seek to prejudice the other party. In the foregoing circumstance, a motion to amend was brought 19 months from the time the matter was filed in court and viewed with suspicion.The only conclusion that was arrived by the courts is that it was brought with the aim of forestalling the wheels of justice and it was proper for the court to deny the same. The burden of proof shifts to the person who alleges, in the foregoing circumstances if the plaintiff made allegations and did support using evidence which they did, then it can be held as the true fact. In presenting their evidence, the plaintiff did support his evidenc e and was not shaken by the defense and therefore the court is correct to find their position as the truth. The issue of limitations goes to back when the cause of action arose.It is the defendants’ submission that it is time barred under the California laws. The courts are guided from when the action arose in this case after the defendant failed to make good the payment and which was within time when the defendant was filling this suit which is now a condition precedent. The general principle is that the losing party should pay the costs. In this case, the defendant lost the case and further, it is our submission that the case was brought under the federal laws copyright Act of 1976 that the party guilty should pay the advocates costs.In conclusion, therefore it is my humble submission that the plaintiff has fulfilled the required threshold on matter of balance of probability and hence attained the chance of success. Works cited Lessick, Susan,† Copyright ownershipâ₠¬  UC Copyright. Feb 27, 2003 Nov 22, 2008 â€Å"Implied-in-fact Contract†, Business Dictionary, Ed 2007-2008 Massey, Calvin R,† The California State Constitution A reference guide† published 1879

Insanity Defense

Insanity Defense Donita Estes, Patrick Fostso, Jennia McCray, Yasmine McGee, Inga Payne CJA/354 October 22, 2012 Samara Belgarde, J. D. Insanity Defense The criminal justice system in America is one of the fair systems in the world where anyone will be innocent until proven of guilt. The whole concept of the court system emphasizes how our laws work regardless where we come from and how we look like or healthy or not anyone is entitles of due process. The idea that our justice and court system are fair to anyone on trial due to an arrest by probable cause and sentencing by a verdict guilty and not guilty of the jury.In the case or State v. Stu Dents, where the defendant was accused of killing his former girlfriend. We are going to elaborate how the charge of insanity can be plead in the defense case and in the other hand give some understanding how this plead play a role in the defendant case during the trial and after the trial in some states and particular California. Does your tea m feel this defendant is competent to stand trial? Why or why not? We believe that the defendant may not be competent to stand trial, due to the fact that he had has emotionally and mental issues.The defendant has no knowledge of the crime or its consequences, if put on the stand he may revert back to that emotional state of mind and will not be able to give and accurate statement and will not be able to understand charges and sentencing. What is required in your state for an insanity defense? First of all, let’s understand the issue here, Mr. Dents was arrested of the killing his former girlfriend Uma Opee. Mr. Dents was charge by the state on theses: Homicide, Assault of a police, officer, Burglary and crimes related to drugs. After all these charges, the defendant pleads not guilty due to reason of insanity.In California, insanity can be called as an affirmative insanity: According to Schmalleger. F& Dolatowski, J (2010), an affirmative defense is a status that define some one who committed an unlawful act and requested an excuse for the behave due to the criminal conduct (Insanity). In California the defense need to show some aspect of legal defense such as: Defendant does not understand the nature of the act, Defendant does not know was wrong, Defendant does not have self-control, Defendant needs to show at the time he has a history of mental diseases against his ability to define between right and wrong.During sentencing of the insanity plea the jury can deliberate the sanity claim on many ways such as: -Hung jury will give the court of making determination if there is enough evidence to retry the defendant on sanity only. If the jury returns a unanimous of not guilty by reason of insanity the defendant will be committed at the state mental hospital. In the other hand in California, it will be difficult for the defense because the prosecutor will bring their own medical expert to show that the defendant has the ability to see between what’s right and wrong.What steps must be taken to prove insanity? Insanity defense is the defense which has a role of claiming that their client, the defendant was not in a state of understanding what he or she did due to mental disorder. This is to clarify that in this state the defendant does not bear any responsibility of the alleged actions. In this case insanity is a term used legally and not a medical one, so a court decides on whether to involve medical professionals or not. Definition of mental illness varies in a range of jurisdictions.The term insanity is under the guide line of the jurisdictions statutory and that cannot be defined by use of the medical definition (Fersch, 2005). As the defense team of in the case of State v. Stu Dents there should be the burden of proof. Our client, Stu Dents is charged of homicide, assault of police officer, kidnapping, burglary, and crimes related to drugs. Homicide is understood as killing of person due to omission or act of another. Kidnap ping is going against somebody’s will by taking him from one place to another without letting him or her exercise freedom.Burglary is considered as theft by entering into someone’s resident without permission. Homicidal offence, in side with drugs, is considered as a felony together with kidnapping and burglary. In their nature, they are considered as serious and punishable by death or long sentence (Cole, 2008). Considering the charges, there should be the burden of proof. It is clear that anybody accused before the court is innocent until he or she is proven guilty. The ultimate factor to consider in this case is the intent and mental element. It is clear that at the time when our client, Mr.Stu Dent was being arrested, he was not all well. He was irrational, agitated, and combative, and when officers tried to hand cuff him he was screaming and yelling, mentioning unrealistic phrases for instance he said he was God. The reality is our client was mentally instable. Fo r the offence of homicide it not clear that our client was the one who entered in Uma Opee resident, and it is not known if there were signs of using force and if he used a key to gain access to his girl friend’s residence. Finally, after the toxicology reports our client Mr.Stu Dents, was not under the influence of drugs. It is justified that Mr. Stu Dents is not mentally stable therefore, he do not deserve to go to prison rather to go for psychiatric care (Ciolino, 2000). Court issues members of the panel of judges that the accused do not account for the act due to the reason of mental illness. If the evidence presented is found to have doubts about his her sanity, then there is need to establish sanity of the one accused (Cole, 2008). Burden of proof-the accused bears the burden of proving to the defense by use of convincing and clear evidence.Defendant is required to show sufficient evidence, creating a reasonable doubt to justify sanity. This determined by the prosecutor after considering the evidence (Cole, 2008). If the accused is found to be insane there for he or she is not responsible of any criminal conduct due to his or her state of mental health (Cole, 2008). Conclusion Finally, you do not consider the opinions of the experts who testified of the matter but you must consider the defendants sanity when the criminal conduct happened, viewing the evidence presented lightly then concluding the truth of the matter.References Ciolino, P. J. , & Castle, G. E. (2000). Advanced forensic criminal defense investigations. Tucson, AZ: Lawyers & Judges Pub. Co. Cole, G. F. , & Smith, C. E. (2008). Criminal justice in America. Belmont, CA: Thomson/Wadsworth. Fersch, E. A. (2005). Thinking about the insanity defense: Answers to frequently asked questions With case examples. Lincoln, NE: iUniverse. Schmalleger, F. , Hall, D. E. , & Dolatowski, J. J. (2010). Criminal law today. (4th Ed. ) Upper Saddle River, NJ: Prentice Hall. http://www. californiamentalhea lthlawyer. com http://www. shouselaw. com

Effective Political Communication Research Paper

Effective Political Communication - Research Paper Example This paper looks at the work of a number of writers/researchers who have done work in the area of political communication. Each of them has put forward their theory on political communication. The ones which are of interest are introduced and critiqued separately. The paper also provides a comparative analysis of their work.  This paper looks at the work of a number of writers/researchers who have done work in the area of political communication. Each of them has put forward their theory on political communication. The ones which are of interest are introduced and critiqued separately. The paper also provides a comparative analysis of their work.  Highlights and Critique of ViewpointsBlumler and Gurevitch (1995) in their book ‘The Crisis of Public Communication’ looks at the issues affecting effective political communication. Blumler and Gurevitch (1995) attribute this crisis to four sources:  Ã¢â‚¬ ¢ the change in communication technologies;  Ã¢â‚¬ ¢ changes in the structure and culture of the surrounding social and political system;  Ã¢â‚¬ ¢ the drive by the two political communication institutions – politicians and journalists, to understand the strategies used by each other in order to make adjustments in response to each other's actions; and  Blumler and Gurevitch (1995) link the communicators and the audience in a network of expectations shared by them by indicating the roles of each of the actors in the system that are complementary to each other. In light of this Blumler and Gurevitch (1995, p. 15) indicates that if the audience plays a partisan role then the role of the media should be that of an editorial guide while that of the politician should be that of a gladiator. When the audience role is that of a liberal citizen the media personnel complements this by being the moderator and the politician as a rational persuader.  ... Blumler and Gurevitch (1995) attribute this crisis to four sources: the change in communication technologies; changes in the structure and culture of the surrounding social and political system; the drive by the two political communication institutions – politicians and journalists, to understand the strategies used by each other in order to make adjustments in response to each others actions; and the changes –‘ebbs and flows’ of the interest of the audience in politics. Blumler and Gurevitch (1995) link the communicators and the audience in a network of expectations shared by them by indicating the roles of each of the actors in the system that are complementary to each other. In light of this Blumler and Gurevitch (1995, p. 15) indicates that if the audience plays a partisan role then the role of the media should be that of an editorial guide while that of the politician should be that of a gladiator. When the audience role is that of a liberal citizen th e media personnel complements this by being the moderator and the politician as a rational persuader. If the audience plays the role of a monitor then the media is expected to be the watchdog and the politician is supposed to provide information which is needed for assessment. The audience’s role as a spectator is complemented by the media’s role in providing entertainment when the politician is expected to be the performer or actor in this scenario. Blumler and Gurevitch (1995, p. 12) use the systems theory approach to analyse the media and in that vein sees the media as a system consisting of a four components: i. Political institutions in their communication aspects; ii. Media institutions in their political aspects; iii. Audience orientation to political communication; and iv. Communication

As far as the critical analysis, I want you to choose an article that Assignment

As far as the critical analysis, I want you to choose an article that addresses issues families or individuals in rural communities face in regards to healthcare - Assignment Example One thinks that the author used appropriate sources of information. The policies and programs of the government mentioned in the article are relevant in the topic being discussed. The government programs that are cited give value to the ideas communicated by the author. The arguments presented are adequately supported by studies and literatures in the field of interest. Table 1 which outlined the reasons for choosing rural nursing practice and Table 2 which showed the challenges associated with rural nursing practice were helpful in driving the message that the author wishes to convey. It gives a clear picture of the state of nurses in rural communities. I find the article very meaningful because it gives me a clearer understanding about the difficulties faced by rural nurses as opposed those working in the urban areas. It made me sympathize with them regarding the challenges that they face, yet still choosing to have a career in rural areas, when they in fact have a choice. I also feel that the government must do their part in supporting these rural practitioners. Although private institutions can help through educational support for nurses, I believe that a greater part of the funding should come from the government. Rural nurses contribute a lot to the healthcare services of rural areas, especially in the absence of physicians. If the government cannot support them, the rural areas will not have access to quality healthcare service. Government should think of incentives for rural nurses so that our country can expect an increase in their number. Government should coordinate with the regional medical directors and the rural nurses themselves and conduct a needs assessment in rural areas to determine the training and professional skills needed by the nurses serving in the remote areas. Medical educational institutions must also be supportive in this area. This article has enlightened me

Finance Research Paper Example | Topics and Well Written Essays - 2000 words

Finance - Research Paper Example 1. Distribution analysis American Eagle Outfitters (AEO) has got outlets in USA as well as in Canada. All total there are more than 900 stores in and around USA and Canada. There are more than 150 stand alone stores in USA. The compnay has presence in more than 76 different international countries. AEO produces its own products and also sells them under the same brand name. Although the products itself may have different brand name but it comes from the same fashion house. The supply chain of AEO is a two level process only. Thus, the number of intermeidaries are comparatively low. The raw matrials are sourced from 15 different suppliers and the 5 different manufacturers produce the final products. The products are shipped to the warehouses (Bethel 24). They remain in the warehouse till new order for delivery are received. The products are then shifted to the distribution centre and from the distribution centre to the airports and ports. Most of the time the products are shifted thro ugh the ports. This is because of the reason that the waterway offers the most efficient and cost effective way to transport the goods. Once the goods reach the ports, then the goods are trasported from the ports to the distribution centre (Alchain 780). The manufacturing centres are present in Pittsburgh, in USA. The goods are sent using both railway and roadway. The outlets are spread all across the States. As mentioned there are about 150 stand alone shops. The stand alone shops deal with American Eagle Outfitters products only (Betty 602). These outlets have large holding capacity of apparel products. So the products are stored on season basis. The small shops or the multi brand shops are supplied with products on a monthly basis. The stand alone shops sometime also act distribution centres for the smaller outlets or the multi brand shops. Fig 1: Distribution system Source: (Betty 607) The following diagram gives a schematic view of the supply and distribution system of AEO. The orders are processed and then sorted in order of the importance and delivery date. Then the inventory is assesed to find out how much additional orders need to be put with the manufacturers to suffice the demands (Modigliani 262). The products are then packed and kept ready to be shifted to the distribution centres in case of inland distribution (Boyd 20). If overseas distribution is involved then the products get shifted directly from the warehouses to the airports and the ports, for airlifting and transportation through waterways. Fig 2: Value chain Source: (Boyd 24) 2. Market analysis USA has one of the largest apparel market in the world. USA alone constitutes 28% of the total global market. The market value of the USA apparel is USD 331 B. The apparel industry employes about 105, 457 people on an average basis. Although the percentage share of people employed by the USA apparel market is quite small in comparison to the rest of the world (Boyd 30). This is because of the reaso n that the the percentage share denoted by USA in terms of employment size is significantly small in comparison to the huge percentage share (28%) in terms of market value. The market share is analysed by denoting the total value of all the apparels sold in each quarter as well as by

Undersatnding Media Essay Example | Topics and Well Written Essays - 1250 words

Undersatnding Media - Essay Example The feeling that prevails is that the media has crossed its boundaries and has now become a severe tool of mind destruction. There is evidence that the media in particular instances, have shaped information to create an intended attitude in the population, and hence influence their decision making process. In essence, the media does not utilize its power for the good cause, but just forms the public opinion for ones profits. This paper will analyse literature to identify evidence of public manipulation by the media. The media is a powerful tool that plays a key role in painting public images that conform to the information in their possession, or even to reflect their personal opinions on critical matters in the society. In many countries, the media is protected by law and it bears the absolute right to cover any form of information, and to relay it to the public in the way that they feel most appropriate. There has been a great struggle to improve media independence and to give it the right to criticise and comment on various issues affecting the public. For instance, in the United States, the First Amendment Act allows the media to cover all mannerism of information without any limitations from the state government (Smith, 2010). As Smith (2010) points out, the First Amendment Act has played a key role in empowering the media and that this freedom will have both positive and negative consequences. Today, although the press has become a necessary tool, it has suffered the abuse of being a mani pulative tool to benefit a few in the society. One positive impact of the media in the society today is provision of current and relevant information from all over the world through its various channels. With the proliferation of technology, the media has achieved effective information coverage and the ability to relay it even to the most remote locations of the world. According to Cammons and Parks (2004), information is

Examining the Effect of Societal Inequities Coursework

Examining the Effect of Societal Inequities - Coursework Example In the Pulaski County Special School District, there have been efforts at reforming institutions to minimize racial inequalities in the field of education. Reduction in the inequalities has so many challenges because; the causes are deeply rooted in the culture and history of the overall American society (Nieto, 1997). Many factors lead to the existence of educational inequalities in the Pulaski County Special School District. The historical factors identify that the relationship between white residents of America and the colored people in America, lead to social inequalities (Banks, 1997). The enslavement effect of the African Americans ensured that their children do not access quality education for many generations. Though slavery was abolished; the racial stigma is still currently felt, even within our education system. Latinos have also been continuously shut out of societal education opportunities in all levels. American Indians endured enforcement in missionary schools which forced their assimilation into the white culture. Family background is another source of inequalities in our education system (Nieto, 1997). There is a positive correlation in the parents’ academic success, and the children’s academic success. In the Pulaski County Special School District and specifically on a case study conducted on Murrell Taylor Elementary School; it has been established that family background is the most influential determinant of students’ academic achievements. In general, the white students tend to come from homes with high literacy levels; this is in contrast to the minority families. Therefore, children from white families receive adequate support on educational resources and success. Educated families usually have higher incomes; this enables them to access the best schools in Pulaski County Special School District. Cultural perceptions and knowledge in the family backgrounds

Diversity at Walmart Essay Example | Topics and Well Written Essays - 500 words

Diversity at Walmart - Essay Example 5). Diversity at Walmart â€Å"becomes the foundation for an inclusive, sustainable business that embraces and respects differences, develops our associates, serves our customers, partners with our communities, and builds upon an inclusive supplier base† (Walmart: Diversity, 2010, par. 1). In a study conducted by Pottabathni (2009, par. 5), â€Å"human resource is the key to development and Wal-Mart efficiently manages its sources. Wal-Mart terms its employees as associates. Manager compensation is linked to the profit of store operated by him, within promotions, compensation offered to associates depending on companys profits and also offered some incentives on their performances. The workforce at Wal-Mart is not unionized as the company takes all the measures of their benefits and provides them training on related issues.† Further, their official website avers that their organization continues to â€Å"implement initiatives to attract and retain a diverse workforce, including recruiting from colleges and universities with large multicultural populations. We also provide associates with on-the-job training, leadership seminars, and direct access to job opportunities through our Career Preference System† (Walmart: Diversity, par. 2). As such, statistics of the work force at Walmart boasts of a composition from diverse cultural orientations and gender with the following breakdown, to wit: â€Å"more than 850,000 of our associates are female and make up 59 percent of our U.S. workforce. 35 percent of our associates are minority: 249,000 African Americans, 171,000 Hispanics, 42,000 Asian Americans, 6,000 Pacific Islander Americans, 15,000 American Indian and Alaska Natives, and 430,000 associates 50 and over. In a research by Green, Lopez, Wysocki & Kepner (2009), the authors provided a definition of diversity as â€Å"acknowledging, understanding,

Legal Process Essay Example for Free

Legal Process Essay The scenario for this paper states that John is an employee in a private sector organization and he wants to file a discrimination complaint against his employer. The purpose of this paper is to analyze and explain in detail what the legal process is for filing such complaint. The paper will also explain the part that the courts play in these types of complaints. Every case is different so the paper will explain how these laws potentially apply to John. John has decided to file a discrimination complaint against his employer. However, John is not sure how or what needs to be done in order to do this so he must first do some research. The Equal Employment Opportunity Commission (EEOC) was created to protect employees like John from discrimination violations. The laws against discrimination at work include race, color, religion, sex, national origin, age, and disability (Bennett Anderson, 2007). All these laws are enforced by the EEOC. The law states that if a person believes that they are a victim of discrimination they must first file a complaint through the EEOC before filing a lawsuit against the employer (EEOC, 2013). John has several ways that he can initiate the process of filing his complaint he can choose to file in person at a nearest location or he can file through mail. He will need to disclose some information in writing like his name, phone number, employer’s name, address, and a brief but detailed summary of the violation/s with dates and locations. All these things are very important because the EEOC can determine whether or not an investigation is needed. According to the EEOC John has 180 days to file a complaint but if in his state there are any laws against discrimination it can extended to 300 days to file a complaint. Also it is important to know that in some cases there are state and local laws that prohibit discrimination in the work place so the EEOC will automatically file the charge with the Fair Employment Practices Agencies (FEPA) which protect the victim under both federal and state law (EEOC, 2013). Now that John is ready to file his complaint with the EEOC he know just needs to wait for them to handle the charge. The EEOC must notify the employer within 10 days of receiving the complaint. Depending on the case that John may have the EEOC may offer that both parties participate in mediation as a way to resolve the issue. However if the case is more severe and or if this doesn’t resolve the issue the case will be given to an investigator for the case to be looked into with more detailed (EEOC, 2013). The EEOC will establish the priority level of the claim and if any laws have been broken. Of course at any point during the process a settlement may be pursued; however if it is not workable, the investigation will carry on and once the investigation is complete the EEOC will make a decision on the case. If the investigation determines that there was no breach of the law the discrimination charges will be dismissed. Notification is then provided to John as a right to sue and he may then file a lawsuit against his employer. In some cases there may not be an investigation because the EEOC finds that John has very little evidence and that there really was no discrimination violation they may choose to close the complaint. If that is the case John would also be notified by mail and he has the option of filing a civil lawsuit against his employer. Once John decides to proceed with the civil lawsuit the courts would now get involve. At this point it would be a good idea for John to hire an attorney who specializes in employment law. In this type of lawsuit the employer can request to have a jury present, if that is the case the jury would listen to both sides of the story, their evidence and their witnesses. A judge will make the final decision in instances such as this. If however, the losing side feels the verdict is unjust they are still able to request an appeal of the verdict. The Appeals Court renders the final judgment except in cases in which a petition is filed with the US Supreme Court. Discrimination has become difficult to distinguish in the global workplace, for the protection of the employee and the employer; businesses must be mindful of relevant state and federal employment laws and the procedure for tackling discrimination. Companies must communicate the â€Å"no tolerance policy† for discrimination to all employees because employee rights are esteemed. Discriminatory acts can be found in varied workplace environments, the employment hiring process, the office setting, and even during the termination of an employee. When a discrimination suit is filed against an employer, the process can be long and extensive. These discrimination laws have been made available to employees to use when individuals believe that a violation of employee rights has occurred in the workplace.

Task-Centred Practice and Cognitive-Behavioural Therapy

Task-Centred Practice and Cognitive-Behavioural Therapy Social Work Approaches The social work profession promotes, encourages and elicits social change in those they work with and society. This essay will examine two approaches used to support change in social work today, Task-Centred Practice and Cognitive-Behavioural Therapy, and compare and contrast these two. The essay will achieve this by applying these two interventions to Case Study Two, analysing the advantages and limitations of each method. Finally the essay will discuss any anti-discriminatory issues raised in the application of the discussed social work approaches. Cognitive-Behavioural Therapy (hereon CBT) is a psychological approach based on a combination of theories of learning: social learning, operant and classical conditioning (Teater, 2010 p.141). The approach is a composite of behavioural and cognitive therapies, involving assessing and changing behaviours, thoughts and feelings together. CBT suggests that service user problems or difficulties are a result of thoughts, feeling and behaviours being unescapably linked, therefore how a service user views themselves or situations affects their behaviour and emotions (Vonk and Early, 2009). However, CBT only focuses on presenting problems and their current causes. The goal of CBT is to change service users’ existing faulty or negative thoughts feelings or behaviours and replace them with more socially acceptable and positive thoughts, feelings and behaviours that decrease the problem. The use of CBT derives from criticisms of Psychodynamic theory for not being evidence-based and not b eing effective in creating change (Howe, 2009). However CBT is not the only evidence-based approach. Similar to CBT, Task-Centred Practice (hereon TCP) is based on strong research evidence; studies by Reid and Shyne, Reid and Epstein and Reid demonstrated planned short-term treatment using task-centred model was effective (Payne, 2005 p.99). In contrast to all other approaches TCP was developed within social work for social work practice, and is commonly used in social work today. TCP is focused on problem-solving; a versatile approach, TCP is used in a wide range of problems (Stepney and Ford 2012 p.102) including interpersonal conflict, dissatisfaction with social relations, problems in social transition, financial problems and behavioural difficulties (Ford, 1978 as cited in Stepney and Ford 2012 p.103). Doel (1991 as cited in Teater, 2010) states that TCP uses key values related to social work, for example partnership and empowerment: clients are seen as the experts in their problems; the approach builds on service users’ strengths rather than weaknesses; and finally that the Social Worker is providing help rather than treatment. TCP’s assumption of client as expert is another point of contrast to CBT. However CBT has its own assumptions. CBT holds three basic assumptions: firstly, an individual’s cognitions mediate emotions and behaviours (Trowel et al, 1988; Vonk and Early, 2009 as cited in Teater, 2010 p.146); secondly, faulty or distorted cognitions lead to psychological distress and dysfunction (trowel et al, 1988 as cited in Teater); finally, diminishing or alleviating psychological distress and dysfunction requires modification and change to the faulty or distorted cognitions and behaviours (Trowel et al, 1988; Vonk and Early, 2009 as cited in Teater, 2010 p.146). CBT takes these assumptions and creates a structured approach to working with service users. Coulshed and Orme (2006 p.181-182) describe the CBT approach in eight clear stages; engagement, problem focus, problem assessment, teaching cognitive principles, dispute and challenge assumptions, encourage the client’s self-disputing, set behavioural homework and finally, ending. This extremely structured approach is another point of comparison with TCP. TCP, similar to CBT, is built around a clear model, and progresses through set stages. Firstly, ‘identifying the problem’; TCP is a collaborative approach which works to tackle problems the service users acknowledge and understand (Doel, 1991 as cited in Teater, 2010 p.178). In addition the service user must express a wish to work on the problem alone or with the help of worker (Reid and Epstein as cited in Teater, 2010 p.179) Next, ‘exploring the problem’ in detail, selecting the problem that is causing the client most distress. From the problem ‘define a goal’ which diminishes or removes the problem, ‘establish tasks’ for the worker and service user towards reaching the goal, and finally ‘evaluate’ if the goal has been met and if the problem is removed (Reid and Epstein, 1972 as cited in Teater, 2010). The essay will now examine how these approaches could be applied to Case Study Two. Case Study Two presents many key issues. The service user, Neil, is facing many difficulties at one time, which include problems with family, aggressive behaviour which has resulted in his homelessness, and lack of money, food, bedding, and household items. In addition he is also worried about moving GP. Many of Neil’s problems could be tackled using either CBT or TCP; selective eclecticism allows social workers to choose which approach would best suit each problem. The problems of homelessness, money and the want of a job are better suited to TCP; they are problems of living that may also include some social factors which CBT would not account for. The problem of behaviour where Neil is swearing in the family and the anxiety toward the change of GP would be best suited for CBT intervention, as this is proven to help with problems of behaviour and anxiety (Sheldon, 2011). In Neil’s case, the first stages of TCP, identifying problems, exploring problem and setting goals, would need to be applied in the early meetings between Neil and the social worker. The collaborative period needs careful discussions and mutual agreement on problems and goals. A possible outcome may be tackling the problems such as homelessness, lack of money, food and unemployment in order; however, other factors may make this unrealistic. The ‘SMART’ method for goal setting is commonly applied, stating goals must be: specific, measurable, achievable, realistic and timely (Marsh and Doel, 2005 p.36). The assessment phase of CBT mirrors this early approach of TCP. During CBT’s assessment phase the service user and worker examine the links in thoughts, feelings and behaviours using the ‘A-B-C model’, as well as measuring intensity, duration and frequency of the problem (Teater, 2010 p.145). After assessment both approaches then move to intervent ion phases. TCP uses tasks as an intervention. The task should be planned carefully, asking: what is the task, the reason for the task, and what the person needs to be able to achieve the task. These stages can be simplified to what, why and how (Marsh and Doel, 2005 p.55). The tasks are performed by either the service user, the social worker or by both parties in session. In contrast, a CBT intervention is classified into distinct categories of intervention including cognitive restructuring, relaxation techniques, social skill training, assertion training, problem-solving skills, aversion therapy, systematic desensitisation, reinforcement and modelling (Teater, 2010 p.149-150). The actual intervention that is selected is dependent on the problem faced. In the case of Neil, cognitive restructuring may be suitable to approach the anxiety and his false belief that his doctor is the only one who can understand him. This is done by challenging the assumption, reinforcing self-challenging and homewor k. Next both approaches move on to the ending phase. The ending or evaluation phase is critically important in both CBT and TCP. Both approaches use close evaluation of the goals and progress made in the intervention; this evidence-based practice is seen as a great benefit of both these approaches. CBT uses data collected in the assessment phase as a tool for evaluating the outcome of the intervention. This is done by comparing intensity, duration and frequency of thoughts or behaviours before the intervention and after, giving a measure of success or failure in the intervention (Sheldon, 2011). TCP uses a similar process of evaluation: firstly regular assessment of the outcome of the tasks set measures change in capability; secondly, TCP monitors whether the service user’s goals have been met or the problem solved. This measurability of evidence-based approaches finds them favoured by funders and managers in social work (Payne, 2005 p.101). These are not the only benefits of these approaches. TCP has many other qualities that result in it being commonly used: it is generic, can be used in many settings and with many different clients groups (Teater, 2010 p.189). TCP can be used easily in combination with many other approaches, such as motivational interviewing to help someone who may be unsure about change (Teater, 2010 p.189). Both CBT and TCP are highly structured and easy to use (Payne, 2005). Furthermore both interventions are brief and time-limited while remaining effective (Stepney and Ford, 2012). However these approaches have some limitations. TCP requires that service users can make connections between problems, tasks and goals; this is not possible with all service users, as some may be unwilling or experience difficulty in making connections (Marsh and Doel, 2005). CBT also faces similar difficulty with service user commitment the approach relies on equal involvement from the social worker and the service user in changing faulty learning process or behaviours (Teater, 2010 p.155). In addition, Payne (2005) suggests another weakness in TCP is its failure to tackle the long-term individual or social problems. This is especially pertinent in Neil’s case, in which he and his family have had previous social service interventions. Another criticism of CBT is that it only focuses on the individual: oppression, discrimination, racism and poverty are not addressed in the approach (Teater, 2010 p.155). Furthermore, by not accounting for oppression and discrimination, TCP and CBT may inadvertently exacerbate both. Thompson (2012) defines anti-discriminatory practice as an approach to social work practice which seeks to eliminate discrimination and oppression, and argues it is fundamental to social work. However, a social work intervention often places power and influence in the hands of social work, and there is scope for discrimination and oppression in social work practice, whether intended or unintended. CBT focuses on changing behaviour from inappropriate to appropriate. What is ‘appropriate’ behaviour is culturally relative and a misinformed social worker may attempt to change acceptable behaviour thus creating oppression. However, cultural sensitivity must be balanced with ability to challenge behaviour that causes discrimination in itself (Tanaka-Matsumi et al., 2005 as cited in Teater, 2010 p.156). Marsh and Doel (2005 as cited in Teater, 2010 p.191) suggests that TCP is allied with empowerment-based approaches and anti-oppressive practice as TCP takes account of power and oppression in a wider social context. The approach emphasises partnership and transparency, highlighting any power imbalance should be made explicit from the beginning of the intervention (Teater, 2010 p.191). Doel and March (2005) further argue that the client should be informed and as involved as possible. However, TCP relies on the service user accepting that there is a problem; this point may become a point of oppression whereby the social worker may force their perspective of the problem upon the service user, particularly in mandated work (Doel, 2002 as cited in Teater, 2010). However, good practice in TCP sees the service user as the expert in their problem and the social worker as helper, rather than prescriber of a course of action (Teater, 2010 p.191). In conclusion, supporting and eliciting change is a difficult job for social work. Numerous factors play a part in a service user problem or want. No one approach will consider all the factors all the time, therefore being eclectic in choosing an intervention is a key social work skill. As shown, both TCP and CBT are very practical approaches: each has a clear structure, a strong evidence-base and uses evaluation to show the efficacy of an intervention. However each approach has weaknesses: TCP fails to address long-standing problems and asks service user to have good insight into their problems. CBT does not account for oppression, discrimination, racism and poverty, instead focusing on the individual. Like all interventions in service users’ lives, both CBT and TCP can be oppressive and discriminatory used casually or incorrectly. However, handled with care, collaboration and transparency, both TCP and CBT can be used to support service users to empower themselves into makin g the changes they want to make. Reference List Adams, R, Dominelli, L and Payne, M. (2009) Critical practice in social work, 2nd edition, London: Palgrave. Coulshed, V and Orme, J. (2012) Social Work Practice, 5th Edition, Basingstoke: Palgrave Macmillan. Marsh, P and Doel, M. (2005) the Task-Centred Book, Abingdon: Routledge. Howe, D. (2009) a Brief Introduction to Social Work Theory, Basingstoke: Palgrave Macmillan. Payne, M. (2005) Modern Social Work Theory, 3rd Edition, Basingstoke: Palgrave Macmillan. Teater, B. (2010) Applying Social Work theories and methods, Berkshire: Open University Press. Thomson, N. (2012) Anti-discriminatory practice, 5th edition, Basingstoke: Palgrave Macmillan. Sheldon, B. (2011) Cognitive-Behavioural Therapy, 2nd edition, Abingdon: Routledge. Stepney, P and Ford, D. (2012) Social Work Models, Methods and Theories, 2nd Edition, Dorset: Russell House Publishing Ltd. Vonk, M, E Early, T, J. (2009) Cognitive-Behavioural Therapy, New York: Oxford.

The Western Lawman :: Television Media TV Essays

The Western Lawman Gunsmoke was a dramatized radio program that portrayed life in the old west. According to online sources, "Plots dealt with the lives and activities of Marshall Dillon, Doc, Miss Kitty, Chester, and the other residents of Dodge City, Kansas in the late 19th century." Lawman Marshall Dillon was the center of everything that happened. The peace and welfare of Dodge City rested in his hands. Marshall Dillon represents the quintessential western lawman, with his independence, authoritativeness, and general distrust of strangers. Dillon stood alone. No one could dictate to him how to act or what to do. This is illustrated in several instances. In the episode "The Army Trial" the army officer assigned to bring in Jed Cook, the deserting soldier asks for Dillon's cooperation after Cook escapes. Dillon agrees to cooperate but on his terms. He demands that the officer remove his troops from town and allow him to conduct the search personally. In the second episode, "General Parsley Smith", Dillon insists on handling all investigation himself. He takes tips from Parsley, but instructs him to stay out of the situation while he checks things out. In "Uncle Oliver", he makes it plain that there is no job opening for a Marshall's assistant. Oliver suggests that Biney learn how to be a Marshall by shadowing Dillon, but Dillon won't have it. He states that he does not need any help from anyone except Chester. Chester is the only person he consistently allows to help him. Otherwise, he is a one man outfit. Marshall Matt Dillon is also characterized by his authoritativeness. He will not be challenged and he will not back down. When General Parsley stirs up trouble in town, Dillon warns that he will run Parsley out of town if he does not stop slandering the new banker. When Parsley is caught once again repeating the same offense, true to his word, Dillon orders him to leave town. While being arrested for desertion, Cook cannot fire on Dillon because of the respect he commands. And Uncle Oliver is compelled to search for Biney even though he is plotting to kill Chester. As you listen to these episodes, you realize that Dillon is also very suspicious of strangers. He is constantly questioning whether or not they are legitimate. In the first episode ("The Army Trial") as he and Chester approach the wagon in distress, they are ready to help but their help is repeatedly refused which arouses suspicion.

Pearl Harbor Essay -- essays research papers fc

Attack on Pearl Harbor! Did we know?  Pg #1 Did we know about the attack the occurred in Pearl harbor? Was there any sign or possible way of changing what happened? Did someone or a group of people that could were have been more careful mess up? Or was there some one that knew about the attack or had an idea that it was coming but didn’t say anything? An why did the Japanese choose Pearl Harbor of all place to strike an attack, was their a significance? These are all question you might ask your self in confusion about the attack on Pearl Harbor. In the following I will show you why and how some of these things came about. It was 1941, on a calm, tranquil day in December, until a impulsive, unexpected Japanese air attack on Hawaii brought the united states in to the war. The US pacific fleet which was docked at pearl harbor at the time, unfortunately they were unprepared. That Sunday early around 7:56 am, approximately two weeks after Washington’s warning on the attack. â€Å"Which was a warning received by Washington from the is navy base at pearl harbor.†(#1) Within two hour of the attack, eighteen ships had been sunk or heavily damaged. One hundred and sixty four aircrafts had been destroyed and another one hundred and twenty four damaged, also more than two thousand, four hundred service men had been killed and almost one thousand two hundred wounded. The Japanese crippled the united states fleet in only a loss of twenty nine planes. The Japanese moved in a quick swift pace as they quickly destroyed all of Pearl Harbor. For the US luckily before the attack on Pearl Harbor most of our aircraft carriers and some destroyers left the harbor. One of the advantages besides knowing about the (Quote (# 1) Encyclopedia of World War II pg 9 Grolier education group) attack the Japanese were willing to kill themselves as long as they caused the most damage possible to our fleet. The Japanese had about eight battleships, two carriers, ten heavy and six light cruisers. Our fighter planes were mostly all parked in rows at the army air forces in wheeler field. â€Å"This arrangement made it easy to guard against mischief, it also made them prey for aerial attacks.† #2 The following were the times that the attacks occurred: â€Å"7:55 am dive ... ...d we know about this attack? Could we have at least put a little more effort into ever having this action to occur? If so then why did FDR decide to not make a move? We will maybe never know now, but from the information that I have given and form the books that I have read you can definitely make a good argument about what you think the truth really is. And from all of this written only history can really make that judgment! We will always remember it "As a day in which we live in infamy." Jon Pita’s Bibliography Pearl Harbor Book #1 The encyclopedia of World War II Groiler Education Corporation Sherman Turnpike, Connecticut Pg 8- 27 Book#2 Eyewitness to Infamy An oral history of pearl harbor December 7, 1941 Paul Joseph Travers, 1991 Madison Books New York Book #3 Day of infamy Walter Lord Holt, Rinehard and Winston New York, 1957 Internet source #1 www.google.com/FDR/PearlHarbor Did the US know about the attack on Peal Harbor? Written by Blaine Taylor, 1991 Pearl Harbor Essay -- essays research papers fc Attack on Pearl Harbor! Did we know?  Pg #1 Did we know about the attack the occurred in Pearl harbor? Was there any sign or possible way of changing what happened? Did someone or a group of people that could were have been more careful mess up? Or was there some one that knew about the attack or had an idea that it was coming but didn’t say anything? An why did the Japanese choose Pearl Harbor of all place to strike an attack, was their a significance? These are all question you might ask your self in confusion about the attack on Pearl Harbor. In the following I will show you why and how some of these things came about. It was 1941, on a calm, tranquil day in December, until a impulsive, unexpected Japanese air attack on Hawaii brought the united states in to the war. The US pacific fleet which was docked at pearl harbor at the time, unfortunately they were unprepared. That Sunday early around 7:56 am, approximately two weeks after Washington’s warning on the attack. â€Å"Which was a warning received by Washington from the is navy base at pearl harbor.†(#1) Within two hour of the attack, eighteen ships had been sunk or heavily damaged. One hundred and sixty four aircrafts had been destroyed and another one hundred and twenty four damaged, also more than two thousand, four hundred service men had been killed and almost one thousand two hundred wounded. The Japanese crippled the united states fleet in only a loss of twenty nine planes. The Japanese moved in a quick swift pace as they quickly destroyed all of Pearl Harbor. For the US luckily before the attack on Pearl Harbor most of our aircraft carriers and some destroyers left the harbor. One of the advantages besides knowing about the (Quote (# 1) Encyclopedia of World War II pg 9 Grolier education group) attack the Japanese were willing to kill themselves as long as they caused the most damage possible to our fleet. The Japanese had about eight battleships, two carriers, ten heavy and six light cruisers. Our fighter planes were mostly all parked in rows at the army air forces in wheeler field. â€Å"This arrangement made it easy to guard against mischief, it also made them prey for aerial attacks.† #2 The following were the times that the attacks occurred: â€Å"7:55 am dive ... ...d we know about this attack? Could we have at least put a little more effort into ever having this action to occur? If so then why did FDR decide to not make a move? We will maybe never know now, but from the information that I have given and form the books that I have read you can definitely make a good argument about what you think the truth really is. And from all of this written only history can really make that judgment! We will always remember it "As a day in which we live in infamy." Jon Pita’s Bibliography Pearl Harbor Book #1 The encyclopedia of World War II Groiler Education Corporation Sherman Turnpike, Connecticut Pg 8- 27 Book#2 Eyewitness to Infamy An oral history of pearl harbor December 7, 1941 Paul Joseph Travers, 1991 Madison Books New York Book #3 Day of infamy Walter Lord Holt, Rinehard and Winston New York, 1957 Internet source #1 www.google.com/FDR/PearlHarbor Did the US know about the attack on Peal Harbor? Written by Blaine Taylor, 1991

Promoting the Use of Civil Disobedience Essay examples -- essays resea

According to St. Augustine â€Å"an unjust law is not a law at all†(p186). This belief has been shared by many influential leaders in the past, including Henry Thoreau, Mahatma Ghandi, and Martin Luther King. They all believed in a non-violent approach to solving their social grievances. In most cases their approach was successful and was noticed by society and brought about a change in the laws. This nonviolent perspective stems straight from Jesus, who says, â€Å"Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you.†(p192). Others believe that by being disobedient you are under minding the laws and thus creating chaos within society. But, if unjust laws are not brought into light or under minded, then there will be no change in those laws. Martin Luther King felt there is a misconception of time in that the very flow of time cures all ills. On the contrary, time is neutra l and it can be used either destructively or constructively(p190). The way in which one should go about voicing their ...

All Quiet on the Western Front: Corruption of Power theme Essay

Power. The word itself instigates a conundrum of fear and attraction. The attraction for it, the attraction for more, and the attraction for seeking the absolute highest boundary of it. Those who thirst for it see visions of wealth, vast expansions territory, and above all, the ability to do whatever one wants whenever he wants. And those who thirst for it will seek it through whatever means necessary, whether it be a fistfight or a war. Necessity is the basic derivation for all hostility and aggression; therefore, power, and its corruption, is the source of all war. Such corruption is exemplified in the World War I novel, All Quiet On the Western Front, by Erich Remarque, through the eyes of the platoon leader, of the military officials, and of the highest level of power in Germany at the time, the Kaiser. The bottommost level of power represented in All Quiet On the Western Front is the platoon leader, who is given a pack of soldiers to bully around under his abusive authority. The authority figure in the novel is Corporal Himmelstoss, who is to train the newly enlisted soldiers in the ways of war. He is described as a semblance of Louis Napoleon in the novel; â€Å"a small undersized fellow with a foxy, waxed moustache† (Remarque 23). Immediately the description of Himmelstoss triggers an image of a short, power-hungry figure, the figure that suffers from what many refer to as â€Å"small-man’s syndrome.† His image is further emphasized in the statement: â€Å"He had a special dislike of Kropp, Tjaden, Westhus, and me, because he sensed a quiet defiance† (Remarque 23). Himmelstoss’s dislike for these soldiers is not directly related to the fact that he supposedly â€Å"sensed defiance†, but more so to his will to push the soldiers around. He focuses his efforts on Tjaden, the â€Å"skinny locksmith†¦[who] is and always will be as thin as a rake† (Remarque 2-3). To make up for his lack of size and strength, Himmelstoss attacks the thinnest, soldier of the pack, who he assumes to be the weakest. However, when Himmelstoss loses his position of authority, he is not so brave. In the Front, during invasion, Paul Baà ¼mer finds Himmelstoss in the dug-out â€Å"pretending to be wounded. His face looks sullen. He is in a panic†¦He does not stir, his lips quiver, his moustache twitches† (Remarque 131). Himmelstoss is not a powerful man on his own, but under the spell of a powerful position, he is corrupted, and abuses it to  disguise his own weaknesses, allowing him to gain some form of power. The next level in the military edifice of power lies in the competitive military officials. With the increased level of power comes an increased level of corruption–and an increased level of consequence. Himmelstoss may have instigated hostility, even hatred, from his platoon, but the corruption of a higher military official may result in deaths. In a desperate effort to continue the attack on France, mass drafts occur, and the officials immediately send the untrained recruits to the front line. Paul Baà ¼mer states that the recruits â€Å"are helpless in this grim fighting area, they fall like flies. Modern trench-warfare demands knowledge and experience† (Remarque 129). The officials, in order to look good by fighting the war long and persistently, rush these recruits into battle, where they fall like flies. The officials carry out this inhumanity again and again, but it is not only for the sake of â€Å"looking good,† but for the desire of getting promoted, f or the desire of gaining more power. The head of power in Germany, and therefore the one able to command all those below, is the Kaiser, Wilhelm II. His position is so incredibly grand and authoritative, that he is seen almost as a form of deity. When Paul Baà ¼mer sees the Kaiser in person, he is â€Å"really rather disappointed; judging from his pictures I imagined him to be bigger and more powerfully built, and above all to have a thundering voice† (Remarque 202). This false impression of his emphasizes the disguise of power. Under his disguise, the Kaiser is viewed as giant, mighty warrior enthroned with gold and silver. In reality, he is a man unlike any other man in power, greedy and vicious. A man so powerful, Tjaden believes â€Å"he has everything he can want already† (Remarque 205). If he has everything he can want, why does he persist in the war? There is no limit to his demand for power, and so he pushes his officials further into battle, as they push their soldiers further into bloodshed. The war Wilhelm II creates is not only devastating physically, but instigates what is known as the â€Å"lost generation.† Paul Baà ¼mer describes his experience, being â€Å"lost† because of the war. He â€Å"will never be able to be [indifferent and hopeless] again. [He] was a soldier, and now [he] is nothing but an agony for [himself]† (Remarque 185). His flourishing life was  thrown away in the war and gave way to an indifferent automata, and after his leave, he is emotionally in between war and life, in â€Å"No Man’s Land.† An entire generation of soldiers, of human beings, of lives, is destroyed through emotion and severe disturbance. And for what? For Kaiser Wilhelm II to seek that highest boundary of power. Power is a recurrent theme in All Quiet On the Western Front, in three different levels: the mindless soldier, the aspiring military official, and the boundless Kaiser. Each one desperately seeks power in an effort to make themselves appear stronger. The quest for this is usually a corrupted one, and corruption creates consequence. The more power one acquires, the more devastating the consequence. When, if at all, will the quest for power end? The corruption is inevitable.

Freud’s Model of the Human Mind Essay

Nowadays, it is no doubt that human beings are suffering from depression and pressure in daily lives. However, most of the people are not aware of it. Psychologists have been focusing on how these repressed, and subconscious emotions play an active role throughout life since the early twentieth century. The ‘Father of Psychology’, Sigmund Freud, theorized a system of categorizing individual’s mental life into three parts: the id, the ego, and the superego. The id is the primitive part of a personality that respond directly to the human instinct; the ego is the decision-making component, and it develops to satisfy between the lust of the id and the external world; the superego is the preconscious part of the personality that deals with moral judgment. Many authors have incorporated this theory into their works by means of the characters. The novel Lord of the Flies, by William Golding, tells a story about the end of the innocence and the beginning of the savagery t hat a group of British children left stranded on a beautiful island after a plane crash, and they were immersed in freedom until the human nature took over. Golding utilizes Jack, Ralph, and Piggy who are the primary characters to interpret Freud’s concepts of this three types of human personality, respectively. First of all, Jack is the best concerned with the personality suggested by id. He represents the dark side of human nature, and he displays the id mentality through his violent actions. He had tried to maintain civilized before he started hunting. However, it does not remain constant. It fades soon while he is driven by his desires. The dictator becomes dominant in his personality. Following his desires, every time the first thing that comes to his mind is always to kill or hurt others. While Jack and his boys are managing to kill a wild boar, they begin dancing and saying, â€Å"[k]ill the pig. Cut her throat. Bash her in† (Golding 79). This chart indicates the unit desires among them and it also becomes a symbol of their savagery. It is obviously not a primary need but only meant for fun and pleasure. They are now driven by the innate desire for destruction. Furthermore, according to the ‘pleasure principle’, it seeks to avoid pain and unpleasantness in order to satisfy one’s biological and psychological needs. It is not bad enough to have desires but to act upon it. Jack does so to a mother sow, â€Å"Jack [is] on top of the sow, stabbing downward with his knife†¦the spear move[s] forward inch by inch and the terrified squealing [becomes] a high-pitched scream. Then Jack [finds] the throat and the hot blood spout[s] over his hands† (Golding 149). The imagery and action indicate that Jack does things without thought of any consequences, only for his own impulsive desires. Like the id aims to take over the thought in one’s mind without determining the needs of others rather than reality and morality. Secondly, Golding portrays Ralph as an embodiment of ego that makes sure to satisfy all the needs and wants of the id in a way that seems proper in today’s world, which means that ego not only interacts with conscious but also the unconscious mind. Ralph is the chief and one of the most influential boys in this little society. He constantly acts as a democratic leader that balancing between the id and superego. For instance, realizing Jack’s desire of being the chief, Ralph gives him control of the hunting team, â€Å"Ralph look[s] at him, eager to offer something. ‘The choir belongs to you, of course.’†¦The suffusion drained away from Jack’s face† (Golding 19). He cares about others’ feelings and does something realistic that is allowed by the society. At the same time, he fulfills Jack’s desire to be a leader to a certain extent. This reasonable action, which is controlled by the ego, also satisfies the urges of id in a so cially accepted way. Moreover, Ralph has a strong sense of responsibility. While he is complaining to Piggy that the other boys do not care about the importance of the fire going, he makes a confession, â€Å" ‘[s]upposing I got to like the others—not caring. What ’up become of us’ † (Golding 153). He is more conscious of the society rather than himself. Ralph is a neutral leader as he identifies the savagery of it and the morality of superego in order to come up with a realistic situation for the public. Like the ego represents the rational aspect of the mind, and maintains peace and stability. To end with, Piggy personifies the concept of superego to carry out the instinctual moral good most of the times. Golding represents Piggy as being more logically and intellectually mature than the others. Acting as the voice of reason, the superego inside his personality moralizes him as a sympathetic and sensible boy and guides him to choose what is morally right. While Jack leads the boys to make noise and rush, â€Å"Ralph [is] left, holding the conch, with no one but Piggy† (Golding 37). As the mob is full of noise and movement, Piggy does not follow Jack in overexcitement, rather he keeps calm and stays with the chief. His superego dominates him to maintain civilization. He displays consistent attention to societal rulings and feels like structure is the most important thing to the boys. Whatsmore, Piggy is willing to contribute to the society. He is â€Å"so full of pride in his contribution to the good of society, that he helped to fetch wood† (Golding 142). The moral goodness and devoted nature of Piggy come from his instinct human nature. Like the superego meets the ethical standards by which the ego operates. In conclusion,