Moving Average Calculations Essay Example | Topics and Well Written Essays - 500 words

Moving Average Calculations - Essay Example B., â€Å"Technical Analysis from A to Z†). Basic Moving Average is one of the most significant strategies used for the figuring of moving normal. It is indicated by SMA. It is determined by estimating the normal finishing up cost of a stock alongside enormous number of timespans. It is one of the straightforward kinds of moving midpoints. It primarily incorporates two distinct boundaries, for example, ‘period’ and ‘cost’. Besides, in the greater part of the occasions, the complete number of periods is determined alongside shutting estimation of the stocks. The equation utilized for the estimation of straightforward moving normal is , where n means the quantity of timespans and Pn is the expense or value required to ascertain SMA. The prime advantage of SMA is that it is a significant simple strategy and is utilized by the greater part of the dealers everywhere throughout the world (Achelis, S. B., â€Å"Technical Analysis from A to Z†). Exponential Moving Average is the other significant practice used for figuring of moving normal. It is likewise indicated as EMA. It is practically like SMA aside from the normal is determined with the assistance of the latest cost. It is the main explanation that numerous logical experts lean toward utilizing EMA as opposed to SMA for assessment. The equation used for the estimation of EMA is: EMA (current) = ((Price (current) †EMA (prev)) x Multiplier) + EMA (prev). The estimation of EMA changes with adjustments in the quantity of periods which is meant by ‘multiplier’. In addition, the technique for EMA is likewise advantageous as it offers the most careful worth. Aside from these, it just requires the earlier days normal worth instead of the information of whole stage. Therefore, it is more favorable than SMA (Achelis, S. B. â€Å"Technical Analysis from A to Z†). A Weighted Moving Average is additionally the other indispensable practice used for the count. It is likewise a very notable technique. It is meant as WMA. A weighted moving normal gives more significance

Scientific Misconduct Essay Example | Topics and Well Written Essays - 500 words - 2

Logical Misconduct - Essay Example lds share set down standards practically speaking, to screen the composing rehearse and keep away from deceive and the component of to the researcher among others utilizing their works. Companion audit alludes to the cross checking of one’s logical composition by specialists in the field of composing. This is done to demonstrate the inventiveness of the writer’s thought (regardless of whether it’s their own thought or a duplicate of different people groups work). It is additionally planned for setting up the deserving of the material and the truth of the writer’s contentions. The companion survey additionally keeps an eye on unoriginality. Companion survey is unique in relation to supports or acclaim for a work or book In different logical works, the essayist utilizes their own thoughts. Be that as it may, different r references and counsels are produced using previously archived works by different journalists. Despite the fact that they utilize their own thoughts, this interview is significant undoubtedly. The Witter needs to make profound research, aside from their own thought, yet dependent on examine done by different essayists and right now archived. This gives the author a rule on the methodology to follow so as to maintain a strategic distance from documentation of inclination data. The part of an author utilizing effectively recorded logical composing comes in different manners. The author may anyway choose to peruse the old report, and develop the thoughts and the data there in. This might be alluded to as dynamic logical composition. On another point of view, the essayist may choose to consolidate their thoughts with the ones previously recorded to think of a fundamentally new idea. In uncommon cases, scholars have likewise gone in opposition to effectively archived logical works, refuting the effectively reported idea and inclination. This has been clear in the field of development, where previously recorded hypotheses have been demonstrated erroneous and ridiculous. The utilization of previously existing report to think of an essentially new record may come in through references. It might likewise include references and citations.

Paralegal Resume Examples, Template Complete Guide

Paralegal Resume Examples, Template Complete Guide Do you know a person who said that looking for a perfect job was easy? No?Well, we do not know such a person either!The truth is, the job search is frustrating, time-consuming and usually not at all fun.You are getting stressed-out, you doubt your capabilities, you hope they will choose you, and then get disillusioned if they do not.You are not alone, and hopefully, you will soon find the job you are looking for and all of this will stop. Finally, this is why we are here, to help you find the perfect job, and as we cannot guarantee that you will certainly get it, we do guarantee that you will be noticed and that you will receive more callbacks. This will improve your chances to shine in a face-to-face interview.So, what can we do for you?We can help you write the perfect resume to fit the specific needs of the job requirements.We have created a resume builder that will make it easy for you to create a resume in minutes, and we have prepared this guide so that you will know exactly wh at, and in which way to present it in the resume.The result?Your resume will be different, no, not different, BETTER from the majority of others which will help you stand out.Let us see what questions this guide will answer and what is it that you will learn reading it:Some of the questionsHow do I get more callbacks?How do I stand out?Is all information equally important?If not, how do I pick the right information?How long should my resume be?What are the most common mistakes people make while creating a resume?How do I organize my resume?Which layout should I use?Things that you will learnHow to make your resume be that one out of ten to be picked.What personal, professional, and educational information you should showcase, and how.How to tailor your resume based on the job application.How to make the necessary impression on the recruiters before they meet you.How to handle the experience section if you do not have any, and how to showcase it the best if you do.Do you want to quit the job search and hope that it will fall in your lap because all of this seems so difficult and almost impossible?Dont!We are here to help you make your resume the best opening argument, supporting evidence, and closing argument to the case of You.You are already well-aware that a great resume is an important and unavoidable ticket to your new or first job.We at Cleverism, have created a resume builder that will simplify the process of making that great resume, and we had in mind all the necessary aspects of it.Creating a resume has never been more stress-free than with our resume builder!You will not have to worry about forgetting some important information, and you will also be able to add more sections if you need to, and all of that is at the click of the mouse.So, pick the layout that seems the most interesting for you, try to find a font you like take notes as we go about explaining how an outstanding resume should look like, or just fill the desired layout as we go!Before w e start explaining each resume section and gradually answering all of your questions, let us take a look at these two examples of eye-catching, thought-provoking resumes.While you are going through them, try to make sense of what is important, and what were the mistakes that you, and everybody else has made at some point.You can later check your conclusions and make sure that your resume is simply perfect!Lets see!Resume Example for Alston Bird LLP Right Resume Example for Greenberg Law Firm Right Create your own resumeIn case these two examples were not enough for you to deduce what type of information you need to provide-read on as everything will be explained.And, even if you managed to figure it out, keep reading, as some other interesting and useful information are coming your way!Have our resume layout prepared and fill it in as we go about explaining each section you might find that it will save you some time, and you will not miss or forget anything important! Let us move on to each section in detail.HOW TO START YOUR RESUME THE BEST WAY WRITING THE PERSONAL INFO SECTIONThe personal information section is pretty much consistent regardless of what type of job you are applying for.It should contain all the necessary information that your recruiter might need if they want to contact you.The impression you leave with just those few little lines at the top of your resume can make a big difference in regards to whether they find that you are a good candidate or they leave your resume in the discard pile.Is your head spinning now, thinking about what can go wrong with such basic information?Lets see.First of all, let us list all the required information that you have to provide in your resume for it to be considered complete:Your full name first and last nameYour address where you currently liveYour e-mail address a valid e-mail, which you check dailyYour active phone number landline and/or mobile phoneIf you do not provide all of these, your resume is not complete and will not be taken seriously.Other information that you can provide are:Your photo this is a little tricky, as some countries find it inappropriate to send out a resume with a photo, while other countries HRs think otherwise. To be sure if you should include a photo, check the common practices of the said country, or check the resume requirements in the job application itself. If a photo is required they will often emphasize it.Your LinkedIn account LinkedIn account often separates you from others as the serious candidate, since today every candidate who thinks about presenting themselves has it. IF you do not, by all means, create one. It takes only a few minutes, and although it is not compulsory to provide it, it is beneficial. Its your modern-day business card.Your drivers license, and other licenses If your job requires you to have a drivers license you can provide that information, otherwise, you are not obligated. In your case, licenses of practicing law in any form are highly desirable.With our resume builder, you can easily add or remove sections with the information needed to tailor your own resume according to the job requirements. You can even choose a layout with or without a place for a photo so that is one less thing to worry about!Now, what are the most common mistakes that may spoil your initial impression? Let’s look at the examples below:NameNathaniel Proctor RightNameNat ProctorOrNathaniel P.N. Proctor WrongEmail example:natanielprocto r@gmail.com RightNatManProctor@gmail.com WrongAnd when it comes to photo, here is a good explanation:PhotoA photo on the resume should be a clean headshot. Your shoulders can be visible, but have to be properly dressed. Hair (and facial hair for gentlemen) should be neat and clean. The background neutral. RightPhotoMore than one person (you) on the photo, a party photo, photo from the beach, a photo where your face is not clearly visible… WrongMany candidates make the mistake of not having a specific e-mail for professional purposes.You can express your creativity and colorful personality in other ways, but childish and/or inappropriate e-mail address will not do you well when the HR is screening for candidates.Also, do not make your e-mail too complicated by adding random numbers (even your birthday) or letters, it will make it difficult to remember and recall when needed.Also, if you prefer to be called by a nickname, you can casually mention that later, when you have alread y gotten the job. Making it official in a resume is not appropriate- just think about this: you will potentially sign a contract. Is it legal if it is not your full name that is on it?PERFECT SUMMARY SECTION OF A PARALEGAL RESUME SHOULD FOLLOW THESE SIMPLE STEPSFor some people, the summary section is the easiest to write, while others struggle with it the most.It should be a short introduction, a hello to the recruiters, your personal why you should hire me before they even have time to ask that same question.This is the small place in the resume where you can show some traits of your personality rather than just giving pure information about yourself.The difficult part is keeping it short and sweet, but not too short.A great summary consists of 2-3 targeted sentences. It should say who you are without being braggy, it should mirror the most important requirements form the job application and it should tell the recruiters what you can contribute to the firm, as well as what they can do to help you thrive.Recruiters spend only seconds scanning the resumes so highlighting the right information is crucial.Lets look at an example of a good and a bad resume:SummaryA hardworking paralegal with 4+ years of experience, willing to continually research and learn new techniques is looking for a new, friendly working environment where I can put my expertise to good use and a healthy working environment with other dedicated colleagues I have successfully drafted over 300 court documents, and conducted over 800 client interviews. RightSummaryParalegal with 4+ years of experience WrongAnd it shouldn’t be too longs as well with a bunch of unnecessary info.WRITE EXPERIENCE THAT’LL IMPROVE YOUR CHANCES OF GETTING HIRED AS A PARALEGALThe experience section is the trickiest one. First of all, it is the section the recruiters are most focused on, so making this section great is crucial for your job application. Secondly, what do you do if you do not have any experience?The c ommon and most widely accepted order of information in a resume is- personal information, summary, experience, education, skills.If you are fresh out of college, you may switch it up personal info, summary, education and then experience and skills. In this way, you will highlight what you are proud of and good at, rather than lack of experience.And what about candidates with experience? In that case, your main concern is relevance.All of us have made a mistake of putting every job we have ever done since summer jobs during high school thinking that bombarding the HR with our diligence and readiness to take up any job will make them in awe of us.However, the recruiters spend less than 10 seconds scanning each resume, so what is the amount of relevant information they will get out of your resume if there are 6 separate points?The important information is most likely to get overlooked in this situation.To make the most of it, pick only the working experience that is directly related t o the job you are applying.If you are still particularly proud of a job that you have done in the past and it is not related to the legal field, be ready to answer questions like how it has prepared you for your legal career.The other thing you should consider is the order. Start from the last working experience and work down to the last one. You can list those seemingly unrelated jobs below the relevant ones.Make sure that you present your experience neatly. With our resume builder, you will not have to worry about that!But still, lets go over it.First state the period during which you held the position, then the position you held and then the institution you were working for.That is not the end, though. Make a little more effort and provide information about your duties and accomplishments. Make them short and concise, yet specific. Right WrongWHAT IS THE BEST WAY TO WRITE THE EDUCATION SECTION FOR PARALEGAL RESUMEThe easiest part to fill in is indisputably the education section. It is pretty straightforward and there are not many questions about which aspect of your education you should highlight.As in the experience section, use the reverse-chronological order to list your formal education. State the institution and the degree you have acquired.A mistake that is often made is leaving it just at that. The next thing you should do is list your achievements during those particular studies. What do we mean by that?State what you have learned, point out your GPA if it is outstanding, list any awards that you might have won, honors or scholarships, participation in a group of some sort, or a cause that you helped during studies.Other information you can include aside from the college education of any level, should be any courses you have taken, licenses, and certificates that you have acquired.List the specific skills a nd achievements as you did with formal education information.The achievements should be the maximum length of two lines.What about high-school you ask? Well, the general rule of thumb is that it should be avoided unless directly related to the job you are applying for, but in the case of legal occupation, being a president of the debate club, or winning in some sort of related competition can be an indicator that they are looking for a person just like you.Use our layouts to quickly add and remove the education section information, it is really that easy! Right WrongUSE THESE TIPS TO CREATE THE BEST SKILLS SECTIONAre you a horseback rider? Can you swim 2 lengths of a pool on one breath?Great!Is that important for a Paralegal job application? Nope. Those, and similar skills, although admirable, should not find their place on your skills section.Many candidates think that they should highlight everything they know, but unless it helps you do the job you are applying to avoid it.Your interesting but non-job-related skills may come up in a casual conversation over a coffee break in the office later on, but on your resume, they draw attention away from those skills that make you the perfect candidate for the job, which does not go to your advantage.The recruiters will remember you as an interesting but not the right person for the job.Aside from listing everything, there are two more common mistakes regarding the skills section listing them at random, and not specifying the level of knowledge.So, first of all, make a list of all your relevant skills and divide them into two categoriestechnical knowledge i.e. familiarity with certain programs, laws, computer and typing skillsAndpersonal skills communication skills, personal characteristics that make you great at what you doIf you speak another language, by all means, showcase it. Right WrongThere are several ways in which you can express the level of a certain skill descriptive, star-based, graded, and others.Pick the one that suits you the most, you can choose many layout variations at our resume builder and start letting others know how great you are!FINAL TIPS TRICKS THAT EVERY PARALEGAL SHOULD KNOWKeep it professional. We cannot stress this enough. Your employer wants a professional figure in their working environment so this is how you should present yourself.Before sending out your resume, have a family member or a friend check it for type-Os. When you pay so much attention to detail, ironically, the details are exactly what you may miss.Make your resume fit on one page. This will allow your recruiters to have all the information at a glance, and they are less likely to miss an important one. If it is longer than one page, revise it and see which information is the least relevant and then delete it.Keep a master resume with all your working experience and education and update it regularly. This will make it easier to create a resume for a specific job.Tailor-make your resume for each job application. Use the guidelines from this guide, and make even the smallest adjustments according to the job description.Save your CV in a PDF, rather than any other format. You can use a link as well. They are uneditable, neat and easy to access.Use our resume builder to help you create your CV as fast as it is possible. You will not have to worry if the format is okay, and you will not have any trouble whatsoever filling it in.Before actually going on an interview, prepare the answers to the possible questions. If none come to mind, again, ask someone to take the role of the recruiters and see what may be interesting. The usual questions are Why do you want this job?, What do you think you can contribute, or Why did you leave your previous job? there are more, so be creative when you practice.FINAL THOUGHTSWhether you will get the first or the ten th job you go on an interview for, we do not know. However, we are absolutely certain that you will get more callbacks, and that your resume will be noticed in the sea of others.Getting the job eventually depends only on you and how you compare to the other candidates, as well as the needs of your prospective employer.We wish you good luck and hope you will dazzle the recruiters with your personality as well as with your resume! Create your own resume

Human Trafficking Within Cambodia A Problem - 1703 Words

Introduction The purpose of the research paper is to understand the concept of human trafficking within Cambodia. Furthermore, it is important to understand how the country is dealing with the epidemic of human trafficking. Indeed, it is imperative to introduce to the reader, first, the background and history of human trafficking in Cambodia. Next, to elaborate on the responses to the issue. Finally, in conclusion, include the challenges Cambodia encounters while trying to implement the laws, recommendations and the need for intervention. Background on Cambodia Cambodia is in the center of the Indochinese Countries. The location of the country leaves Cambodia vulnerable to many outside threats. The country is exposed to these threats both from the sea and land. From the land, there are four countries that touch upon the border of Cambodia. From sea, it has access to all countries. Due to the limited resources of this developing nation, it becomes difficult to monitor human trafficking. How serious is the problem in Cambodia a problem? Why is there a demand human trafficking in Cambodia? Cambodia is struggling as a developing nation. Although they have reduced their extreme poverty rate, according to Cambodia’s country analysis, conducted by the Asian development bank, many Cambodian citizens only live slightly above the poverty line. The demand for cheap labor, commercial sex, domestic service increases because people do not want to pay the regulated wages (Aronowitz, p.Show MoreRelatedSex Trafficking Of Women And Children897 Words   |  4 PagesWhilst numerous reports suggest a decline in sex trafficking of women and children in Cambodia, Cambodia still remains one of the largest destinations of sex tourism. Many methods have been implemented on both a national and community level in order to combat this criminal activity across the country; however none have been sufficient enough to entirely eradicate sex trafficking of persons in Cambodia. Thus a number of recommendations to combat these human rights violations have been listed, as follows:Read MoreThe Epidemic Crisis Of Sex Trafficking1341 Words   |  6 Pagesglobe many countries’ governments are battling the epidemic crisis of sex trafficking. Sex trafficking can be defined as â€Å"a commercial sex act [that] is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age† (Laxalt 2012: 12). Although inhumane, many countries are taking part in the trafficking of people. This international trend has formed sex trafficking into â€Å"the second largest organized crime in the world† (Adler 2010: 357).Read MoreAn Empirical Association Between Dependent And Independent Variables1123 Words   |  5 Pagesresearch design. My data will be collected over time. My dependent variable are the Cambodian citizens. The independent variable in my research proposal are the laws enforced to combat trafficking. I will study whether the static, unchanging forms of law in Cambodia and determine if the number of victims to human trafficking decreased, increased or stayed the same. This longitudinal design will also use some features from a panel design. A panel design allows me to determine how individuals change, asRead MoreEssay on Human Trafficking1101 Words   |  5 PagesThe Trafficking Victims Protection Act of 2000 and The Trafficking Victims Protection Reauthorization Acts of 2003 and 2005 have defined sex trafficking as a commercial sexual act or acts that are induced by fraud, coercion, or in which the person to perform these sexual acts are under the age of eighteen Blackburn, Taylor and Davis (2010). The sex industry in Cambodia and Thailand consists of men, women, and children. In order for there to be enforced labor and sex trafficking there has to be formsRead More Trafficking Essay1005 Words   |  5 Pages Human trafficking has become a major problem worldwide which affects many people. An estimated 600-800 thousand peop le are moved unwillingly between international borders each year (Kristof, et al, pg. 10). There is an even larger number of 12.3 million people who are estimated to be forced to work in agriculture, manufacturing, and the sex trade (Shepherd, pg. 94). A majority of the people forced into labor, especially into the sex trade, are children, most of which are women, at an estimatedRead MoreHuman Trafficking : South East Asia908 Words   |  4 PagesHuman trafficking is still lingering in South-East Asia as of today, and we do not expect to leave any time soon in the near future. The reality is that South-East Asian countries are mainly â€Å"affected by domestic trafficking or trafficking from the neighboring countries† (UNODC, 2014). There is an approximate â€Å"12 to 27 million people enslaved and exploited by human trafficking†, which this crime network brings in approximately â€Å"$30 billion dollars annually† (Collins, 2014). It is detected that todayRea d MoreChild Sex Trafficking in Southeast Asia Essay examples1414 Words   |  6 PagesChild Sex Trafficking in Southeast Asia The world today faces many problems that are being combated by many organizations, yet there are broad ranges of challenges that are waiting to be fixed up but the efforts are not producing great results. One such problem human trafficking has been affecting many lives through years but through recent decades human trafficking both sexually and labor exploitation have risen drastically. Especially, in Southeast Asia, where child sex trafficking is a constantRead MoreModern Day Slavery And The Second Largest International Organized Crime Industry2733 Words   |  11 PagesIntroduction Human trafficking has been an ongoing business that can be tracked many years back. Today it is considered to be modern day slavery and the second largest international organized crime industry. It brings in billions of dollars annually. Often human trafficking can be defined as the forced or coerced movement of people across national borders as well as within countries. Due to the increase of cultural and economic globalization, human trafficking sky rockets every year. Common areasRead MoreThe Consequences Of The Vietnam War And The Pol Plot Genocide2659 Words   |  11 Pageslast few decades Cambodia has faced the consequences of the Vietnam War and the Pol Plot genocide, which left the country economically despaired and nearly half of the population under twenty years old. Cambodia however attracts many visitors from across the world for its rich culture, fascinating temples and picturesque beaches. Unfortunately, Cambodia is also known for sexual tourism and in particular child sex tourism. The international community recognizes Cambodia’s trafficking epidemic, whichRead MoreThe Global North And Global South Essay1472 Words   |  6 Pagesworld assets and the other group being one that is constantly under development. These two groups are: The Global North and the Global South. The separation between the two lays in the different socio-economic and political standings of the nations within them. The Global North is composed of the primary, developed leaders, such as the United States, Australia, and European Union. On the other side of the economic and political spectrum lies the Global South, which is composed primarily of Third World

Short Article Reveals the Undeniable Facts About Esl Narrative Essay Student Samples and How It Can Affect You

Short Article Reveals the Undeniable Facts About Esl Narrative Essay Student Samples and How It Can Affect You Let's say that you're writing an essay on The key causes of Road Accidents in your City, it's obvious you're going to develop a few points. Words tell much more than a story. The author starts with a rather in depth story of an event or description of an individual or place. Even with the very first impression, a narrative essay isn't the simplest of all assignments. The debut of your essay can begin with a hook. The title of the essay may also be displayed in a different orientation from the most important topic. Descriptive Narrative Essay Example may be used mainly to recreate an occasion. The reader should receive the thought of the entire essay from the introduction. 1 technique that's particularly helpful in essay writing is repetition. Bridget's essay is extremely strong, but there continue to be a couple little things that could be made better. Stephen's essay is quite effective. Learning how to revise and diagnose errors with the assistance of my peers or my professor is something which will greatly help the caliber of my writing. Following are various kinds of essay topics for students that are categorized in many sections so you can easily chose the topic depending on your need and requirement. Go for consultation You can opt for a consultation with your professor or other professionals who have lots of experience on the subject. Absence of resources A normal college student doesn't have the necessary academic resources necessary to compose an essay. A college essay can be exceedingly difficult so there isn't any reason to feel awkward when seeking help. Give a concise introduction of all of the people that you write about including yourself. Furthermore, it is possible to also seek the aid of your course mates that have a better comprehension of the topic than you do. Moreover, the normal type of recommendation letters is entirely different in Asian education systems, which results in a letter which may feel very foreign to US admissions officers. Esl Narrative Essay Student Samples Help! Be attentive to the selection of words, and you've got excellent opportunities to create the desired effect on your readers with the result of your work. If your response is yes, you're not the only person who feels that manner! The simplest approach to figure out the sort of an essay is to realize the writer's point of view. When you plan your essay and jot down the points you're likely to talk about in your draft, you are going to hav e lot of points to discuss. The Argument About Esl Narrative Essay Student Samples Like a personal essay, a great recommendation letter is tough to write and demands a particular level of mastery over the English language. Writing good compositions is essential in the English Language in the feeling that it enables the student to have the ability to express what is in their mind regarding a specific matter. Writing it requires time and efforts. When you're learning a foreign language your main desire is to begin speaking it whenever possible and hopefully sound like a native speaker. As the semester progressed I started to feel increasingly more comfortable as a writer and as an individual. For the ESL student, the last edit is vital. You need to understand how to compose an effective essay as it is a typical foundation for a student's grade. In English Language, compositions or essays actually are one of the most crucial facets of the subject. Vital Pieces of Esl Narrative Essay Student Samples The majority of these essays are absolutely technical as a result of the amount of professionalism expected of the students at this specific stage of their life. If you're in college you're in for both big and tiny surprises. The Basics of Esl Narrative Essay Student Samples That You Will be Able to Benefit From Starting Immediately The text will surely bleed into the total mood of your essay writing. Be attentive to the size it must be and begin writing the narrative essay outline. If you are concerned about the plagiarism issue, we provide you detailed plagiaris m report so that it is possible to see it on your own. To give readers a fast identification of the simple content of the thesis. For instance, it is a requirement to give a counterargument to your principal argument in persuasive essays. To inform them, you are going to want to experience the very best narrative essay topics and choose the very best. While a lot of the essay types demand the writers to continue being objective and utilize evidence to achieve the goal, you begin an exploratory essay without any specific end in mind. You must get some nice and dependable sources.

Hospitals And Consent To Treatment Free Essays

string(132) " cumulative or not but it would seem that more recent authority has settled on the fact that the four elements are not cumulative \." Introduction The Law Commission in 1995 recommended an overhaul of the system for the admission to hospital, treatment and detention of those who lack the capacity to decide their own fate . Ten years later the Mental Capacity Act 2005 received royal assent and came into force in 2007 to right the balance between doctor and patient by, fundamentally, enabling individuals with mental disorders to make their own choices in the majority of cases and to place the onus and burden of proof on doctors and others who wish to invoke non-consensual treatment against their wishes . Alongside other notable acts which constitute the legal environment such as the Mental Health Act 2007 there are now strong legal safeguards in place to protect against the horrific abuses of the past. We will write a custom essay sample on Hospitals And Consent To Treatment or any similar topic only for you Order Now One aspect of the treatment of such individuals which proved to be the least contentious was the ‘functional’ test for determining capacity which survived the 2007 Act intact. The ‘functional’ test was discussed extensively in Re C , a case which drew together the strands of the test and indeed proved to be the foundations of the 2005 Act’s s.3 and the presumption that patients have capacity unless proved otherwise under s.1 . Thorpe J, in upholding a man who had been diagnosed as suffering from paranoid schizophrenia’s right to refuse treatment for a gangrenous leg, found clear precedent in two powerful cases from 1993 and observed in his judgement his impressions of the man who, despite delusions of a stellar medical career, was deemed capable to refuse the proposed treatment: â€Å"C. himself (the patient) throughout the hours that he spent in the proceedings seemed ordinarily engaged and concerned. His answers to questions seemed measured and generally sensible. He was not always easy to understand and the grandiose delusions were manifest, but there was no sign of inappropriate emotional expression. His rejection of amputation seemed to result from sincerely held conviction. He had a certain dignity of manner that I respect.† From the influential judgements of Thorpe J in Re C and B v. Croydon District Health Authority a three-stage test was elicited by the Law Commission which found its way into the 2005 Act : Can the patient take in and retain the informationDoes he/she believe that informationCan he/she weigh that information and make a decisionThe functional test is a modern restatement of the test at common law and continues to be the foundation upon which a test of competency regarding the treatment of a mentally disordered patient is made with recent cases of capacity following the script of the Act strictly . But is this test necessarily the best despite the courts’ unanimous application and the lack of disputed cases since 2005This essay will critically discuss the above statement by analysing the functional test’s development both pre and post Mental Capacity Act 2005 in part 1 and identifying the key weaknesses in part 2. This essay will argue that the functional test to a signifi cant extent provides protection against arbitrary, non-consensual treatment and despite key weaknesses still surpasses the alternatives identified by the Law Commission . Part 1 1.1 The functional test As noted the functional test is nothing new to medical law and the Mental Capacity Act 2005 simply crystallised into statute what had been prevalent in case law for some years before with the cases of In re T. (Adult: Refusal of Treatment) and Re C proving to be particularly influential in shaping the functional test within the 2005 Act . Section 1 of the 2005 Act provides that a patient is presumed to have mental capacity unless proven otherwise. This is, in other words, a â€Å"rebuttable presumption† which arises and acts a safeguard: arguably a powerful disincentive against the â€Å"non-consensual, arbitrary treatment† the statement refers to. Under the Act any such decision to refuse to consent to medical treatment must be dealt with on a balance of probabilities which is the civil standard and indeed a high barrier to cross . The onus of proof is squarely on the complainant unlike the situation previously at common law . Section 2 makes it clear that a personal will lack capacity if â€Å"at the material time† he/she is unable to make a decision because of an â€Å"impairment of, or a disturbance in the functioning of, the mind or brain† . Thus a person’s superficial attributes such as age or appearance will not be considered under this section and it is important to note that the â€Å"impairment† or â€Å"disturbance† referred to in s.2(1) can be permanent or temporary. Interestingly the Law Commission report points out that this â€Å"diagnostic threshold†, which requires a person to have a recognised mental disability, comes before the functional element which essentially dilutes any notions of a pure functional test . A good example of such a temporary disorder was demonstrated in Re MB (An Adult: Refusal of Medical Treatment) where MB suffered from a phobia of needles which meant she refused any anaesthetic during a proposed caesarean section which was thought vital to deliver her baby. The Court of Appeal (Civil Division) dismissed the woman’s appeal after the hospital obtained a declaration that doctors could perform a caesarean . Their Lordships observed that such a condition as s he had disabled her from making the decision and, furthermore, other temporary factors such as â€Å"panic brought on by fear† could â€Å"erode† the capacity to make any decision regarding medical treatment . The Act goes on under section 3 to specify the circumstances under which a person would not be able to make a decision for the purposes of section 2. With four conditions which comprise the heart of the functional test, a person cannot make a decision for himself if he/she is unable to â€Å"(a) understand the information relevant to the decision, (b) to retain that information, (c) to use or weight that information as part of the process of making the decision, or (d) to communicate his decision (whether by talking, using sign language or any other means)† . There is conflicting dicta regarding whether these elements are cumulative or not but it would seem that more recent authority has settled on the fact that the four elements are not cumulative . You read "Hospitals And Consent To Treatment" in category "Essay examples" Margaret Brazier and Emma Cave sum up the force of these key provisions well: â€Å"The 2005 Act directs that what must be assessed is essentially the patient’s capacity to understand what is at stake and act on that information.† 1.2 Case law Since the Mental Capacity Act came into force in October 2007 there have not been, within the specific context of treatment and decision-making capacity under section 3 of the 2005 Act, any disputed cases at all which would seem to suggest that the functional test is being adopted and applied consistently and confirms observations that â€Å"capacity is unlikely to be disputed unless others disagree with the outcome† . It is no surprise that of the cases which do cite section 3, which comprises the essence of the functional test, are very diverse including applications by local authorities on where mentally disabled individuals should live , the capacity of mentally disabled individuals to conduct litigation , applications by local authorities to declare that mentally disabled individuals could not consent to sexual relations and even one case which invoked the Family Division’s inherent jurisdiction to prevent the broadcast of a film and the publication of an article a bout an individual who had dissociated identity disorder and had consented to the film . In the UK then at this present time the problems to be elicited from the functional test are still on a more theoretical rather than practical level. This is an unfortunate development as litigation is often needed to fully understand statutory rules but, as has been pointed out by Mary Donnelly, pre Mental Capacity Act cases remain relevant and will be utilised in the following section to understand the weaknesses of the functional test now enshrined within the 2005 Act . Part 2: Discussion of the functional test 2.1 Weaknesses and discussion of the test As pointed out above it is to pre-2005 Act case law and theoretical problems we must look to in order to map out the weaknesses of the functional test and provoke robust critical discussion. Few authors have discussed these problems but Mary Donnelly’s influential article in the journal ‘Legal Studies’ in 2009 as well as her book of 2010 have both started to expose the practical flaws and weaknesses which are evident in the 2005 Act’s adoption of the functional test. A pilot study has also been conducted in England and Wales using the experience of 52 consultants in old age psychiatry which contains some valuable discussion of the Act and its early implementation . These weaknesses will be presented and discussed separately: (a) The influence of outcomes It is almost impossible to ignore the fact that outcomes will continue to influence the application of the functional test . This osmosis comes about because only when the outcome of a decision by a mentally disabled individual is challenged will the test come into operation in the context of treatment. Thus, being the raison d’etre of the litigation, it is not surprising to find that many judges, assessors and doctors can succumb to the temptation of disagreeing with an outcome which is undesirable despite the fixed intention of an individual. Margaret Brazier and Emma Cave rightly point out that despite Butler Sloss P warning in B v An NHS Trust that â€Å"it is most important that those considering the issue should not confuse the question of mental capacity with the nature of the decision made by the patient, however grave the consequences,† the same judge then paradoxically stated in Re MB that: â€Å"the graver the consequences of a decision, the commensurately g reater the level of competence is required to take the decision† . It is clear that despite the Law Commission’s rejection of an outcome-based approach it is naive to pretend that outcomes can be excluded from the often biased minds of doctors, assessors and even, it would seem, judges. (b) Irrational decisions Both Margaret Brazier and Emma Cave rightly identify that the case of Re C suggests that despite an individual holding strange beliefs or exhibiting bizarre behaviour this should not automatically result in a finding of a lack of capacity to make a decision . As they go on to point out, however, there have been cases where the judge’s opinion of such bizarre beliefs has indicated a lack of capacity . One of the factors under s.3(c) maintains that the individual in question must be able to use and weigh information . Mary Donnelly points out that the ability to reason is an integral part of this factor and thus undermines the liberal account of capacity . Donnelly goes on to point out the case of South West Hertfordshire Health Authority v KB which provides a clear example of a case where a judge confused the ability to reason with the rationality of the decision itself. (c) Non-judicial assessment Donnelly also correctly points out that assessor’s, often individuals without legal training, are being delegated to carry out legally challenging assessments for capacity in a variety of circumstances . Furthermore, Donnelly concludes that assessors’ values and biases are influencing decisions being made which further reinforces the two points made above on outcomes-based decisions and rationality . (d) The role of undue influence The final weakness in the functional test which has been identified by Donnelly alone is that there is no satisfactory resolution of the influence of third parties on the will of the individual in respect of the functional test under section 3 of the 2005 Act . Despite there being a clear link between capacity and undue influence in other areas, for example testamentary dispositions, the 2005 Act does not properly address this issue. Conclusion In Conclusion the functional test, despite key weaknesses, protects mentally disordered people to a significant extent from arbitrary, non-consensual treatment. The test, now enshrined in the 2005 Act, has not been properly litigated yet: there have, in the four years in which the Act has been operational , been no cases which have invoked the functional test in the area of consent to medical treatment. This could be, as noted above, evidence that the presumption in favour of capacity is working or simply evidence that there have been fewer challenges to capacity in recent years. Further evidence is required to evaluate the lack of cases within this area. Furthermore, the test is also not a purely functional one as there operates a diagnostic threshold which comes into play before it and is an important obstacle for anyone to overcome and which inevitably limits the protection which the test provides . What is clear from the pre-2005 Act case law is that there are undeniable weaknesses within the ‘functional’ test which undermine the protection it undoubtedly offers to individuals with mental disorders. The obvious influence of outcomes upon decisions of capacity, the confusion of the ability to reason with the rationality of the decision itself by assessors and judges alike, the unsatisfactory undue influence situation and the non-judicial assessments being conducted by those without legal training all point to a system which is far from perfect but which is better than a purely status based or outcome based system. Bibliography 1.0 Books Brazier, Margaret Cave, Emma (2007) Medicine, Patients and the Law (4th ed) Penguin Books: London Donnelly, Mary (2010) Healthcare Decision-Making and the Law: Autonomy, Capacity and the Limits of Liberalism Cambridge Uni Press: Worldwide 2.0 Journals D. Carson, â€Å"Disabling Progress: The Law Commission’s Proposals on Mentally Incapacitated Adults’ Decision-Making† (1993) J.S.W.F.L. 304. Donnelly, Mary (2009) ‘Assessing Capacity under the Mental Capacity Act 2005: Delivering on the Functional Approach?’ Legal Studies 29 p.464 Fulford, Bill (2010) ‘A Pilot Study of the Early Implementation of the Mental Capacity Act 2005 in England and Wales’ Medicine, Science and the Law 50(3) pp131 – 135 Keywood, Kirsty (2010) ‘Vulnerable Adults, Mental Capacity and Social Care Refusal’ Medical Law Review 18(1) 103 – 110 at p.103 3.0 Reports Law Commission Report no.231 Mental Incapacity (1995) HMSO 4.0 Statutes Mental Capacity Act 2005 Mental Health Act 2007 5.0 Cases A London Local Authority v JH [2011] EWHC 2420 (Fam) Airedale N.H.S. Trust v. Bland [1993] A.C. 789 B v An NHS Trust [2002] All ER 449 B v. Croydon District Health Authority (1994) 2 2 B.M.L.R. 13; Banks v Goodfellow (1870) 5 QB 549 D Borough Council v B [2011] EWHC 101 (Fam) E v Channel Four Television Corp [2005] EWHC 1144 (Fam) F v West Berkshire Health Authority [1989] 2 All ER 545 F v Riverside Health Trust (1993) 20 BMLR 1 HL v UK (2005) 40 EHRR 32 In re T. (Adult: Refusal of Treatment) [1993] Fam. 95 NHS Trust v T (Adult Patient: Refusal of Medical Treatment) [2004] EWHC 1279 Re R (A Minor) (Wardship: Medical Treatment) [1991] 4 All ER 177; Re W (A Minor) (Wardship: Medical Treatment) [1992] 3 WLR 758 Re MB (An Adult: Refusal of Medical Treatment) [1997] 8 Med LR 217 Re C [1994] 1 All ER 819 per Thorpe J at p.294 Riverside NHS Mental Health Trust v Fox [1994] 1 FLR 614 South West Hertfordshire Health Authority v KB South West Hertforshire Health Authority v KB [1994] 2 FCR 1051 Tameside and Glossop Acute Services Trust v CH [1996] 1 FLR 762. T v T [1988] 1 All ER 613 and Re B (A Minor) (Wardship: Sterilization) [1987] 2 All ER 206, HL V v R [2011] EWHC 822 (QB) W (Children), Re [2008] EWHC 1188 (Fam) How to cite Hospitals And Consent To Treatment, Essay examples

Views of Swami Vivekananda in the Field of Education. Essay Example

Views of Swami Vivekananda in the Field of Education. Essay Swami Vivekananda realizes that mankind is passing through a crisis. The tremendous emphasis on the scientific and mechanical ways of life is fast reducing man to the status of a machine. Moral and religious values are being undermined. The fundamental principles of civilization are being ignored. Conflicts of ideals, manners and habits are pervading the atmosphere. Disregard for everything old is the fashion of the day. Vivekananda seeks the solutions of all these social and global evils through education. With this end in view, he feels the dire need of awakening man to his spiritual self wherein, he thinks, lies the very purpose of education. Swami Vivekananda (1863 – 1902), a great thinker and reformer of India, embraces education, which for him signifies ‘man-making’, as the very mission of his life. In this writing, which purports to expound and analyze Vivekananda’s views on education, an endeavor has been made to focus on the basic theme of his philosophy, viz. the spiritual unity of the universe. Whether it concerns the goal or aim of education, or its method of approach or its component parts, all his thoughts, we shall observe, stem from this dormant theme of his philosophy which has its moorings in Vedanta. A sculptor has a clear idea about what he wants to shape out of the marble block; similarly, a painter knows what he is going to paint. Vivekananda points out that the defect of the present-day education is that it has no definite goal to pursue. A teacher, he says, has no clear idea about the goal of his teaching. Swamiji attempts to establish, through his words and deeds, that the end of all education is man making. We will write a custom essay sample on Views of Swami Vivekananda in the Field of Education. specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Views of Swami Vivekananda in the Field of Education. specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Views of Swami Vivekananda in the Field of Education. specifically for you FOR ONLY $16.38 $13.9/page Hire Writer He prepares the scheme of this man-making education in the light of his over-all philosophy of Vedanta. According to Vedanta, the essence of man lies in his soul, which he possesses in addition to his body and mind. In true with this philosophy, Swamiji defines education as ‘the manifestation of the perfection already in man. ’ The aim of education is to manifest in our lives the perfection, which is the very nature of our inner self. This perfection is the realization of the infinite power which resides in everything and every-where-existence, consciousness and bliss (satchidananda). After understanding the essential nature of this perfection, we should identify it with our inner self. For achieving this, one will have to eliminate one’s ego, ignorance and all other false identification, which stand in the way. Meditation, fortified by moral purity and passion for truth, helps man to leave behind the body, the senses, the ego and all other non-self elements, which are perishable. He thus realizes his immortal divine self, which is of the nature of infinite existence, infinite knowledge and infinite bliss. At this stage, man becomes aware of his self as identical with all other selves of the universe, i. e. different selves as manifestations of the same self. We have to remember that basis of Swamiji’s philosophy is Adwaita which preaches unity in diversity. Therefore, man making for him means a harmonious development of the body, mind and soul. Hence education, in Vivekananda’s sense, enables one to comprehend one’s self within as the self everywhere. The essential unity of the entire universe is realized through education. Accordingly, man making for Swamiji stands for rousing mans to the awareness of his true self. However, education thus signified does not point towards the development of the soul in isolation from body and mind. He often quotes the Upanishad dictum ‘nayamatma balahinena labhyah’; i. e. the self cannot be realized by the physically weak. In his scheme of education, Swamiji lays great stress on physical health because a sound mind resides in a sound body. According to Swamiji, the mind of the students has to be controlled and trained through meditation, concentration and practice of ethical purity. All success in any line of work, he emphasizes, is the result of the power of concentration. However, along with physical culture, he harps on the need of paying special attention to the culture of the mind. By way of illustration, he mentions that the chemist in the laboratory concentrates all the powers of his mind and brings them into one focus-the elements to be analyzed-and finds out their secrets. Concentration, which necessarily implies detachment from other things, constitutes a part of Brahmacharya, which is one of the guiding mottos of his scheme of education. Brahmacharya, in a nutshell, stands for the practice of self-control for securing harmony of the impulses. To quote him: ‘Education is not the amount of information that is put into your brain and runs riot there undigested, all your life. ’ By his philosophy of education, Swamiji thus brings it home that education is not a mere accumulation of information but a comprehensive training for life. Education for him means that process by which character is formed, strength of mind is increased, and intellect is sharpened, as a result of which one can stand on one’s own feet. Having analyzed the goal or objective of education, the next question that naturally arises is about the method of imparting education. According to him, knowledge is inherent in every man’s soul. Here again, we note the Vedantic foundation of Swamiji’s theory. To drive his point home, he refers to the growth of a plant. Just as in the case of a plant, one cannot do anything more than supplying it with water, air and manure while it grows from within its own nature, so is the case with a human child. What we mean when we say that a man ‘knows’ is only what he ‘discovers’ by taking the cover off his own soul. Consequently, he draws our attention to the fact that the task of the teacher is only to help the child to manifest its knowledge by removing the obstacles in its way. In his words: ‘Thus Vedanta says that within man is all knowledge even in a boy it is so and it requires only an awakening and that much is the work of a teacher. ’ Vivekananda’s method of education resembles the heuristic method of the modern educationists. In this system, the teacher invokes the spirit of inquiry in the pupil who is supposed to find out things for himself under the bias-free guidance of the teacher. Swamiji lays a lot of emphasis on the environment at home and school for the proper growth of the child. The parents as well as the teachers should inspire the child by the way they live their lives. Swamiji recommends the old institution of gurukula (living with the preceptor) and similar systems for the purpose. In such systems, the students can have the ideal character of the teacher constantly before them, which serves as the role model to follow. Although Swamiji is of the opinion that mother tongue is the right medium for social or mass education, he prescribes the learning of English and Sanskrit also. While English is necessary for mastering Western science and technology, Sanskrit leads one into the depths of our vast store of classics. The implication is that if language does not remain the privilege of a small class of people, social unity will march forward unhampered. According to Swamiji, the culture values of the country should form an integral part of the curriculum of education. Vivekananda, in his scheme of education, meticulously includes all those studies, which are necessary for the all-around development of the body, mind and soul of the individual. These studies can be brought under the broad heads of physical culture, aesthetics, classics, language, religion, science and technology. The culture of India has its roots in her spiritual values. The time-tested values are to be imbibed in the thoughts and lives of the students through the study of the classics like Ramayana, Mahabharata, Gita, Vedas and Upanishads. This will keep the perennial flow of our spiritual values into the world culture. Education, according to Swamiji, remains incomplete without the teaching of aesthetics or fine arts. He cites Japan as an example of how the combination of art and utility can make a nation great. He reminds us time and again that religion does not consist in dogmas or creeds or any set of rituals. However, by religion, he does not mean any particular kind of it but its essential character, which is the realization of the divinity already in man. Swamiji reiterates that religion is the innermost core of education. All impulses, thoughts and actions which lead one towards this goal are naturally ennobling and harmonizing, and are ethical and moral in the truest sense. It is in this context that Swamiji’s idea of religion, as the basis of education should be understood. We note that in his interpretation, religion and education share the identity of purpose. Swamiji believes that if education with its religious core can invigorate man’s faith in his divine nature and the infinite potentialities of the human soul, it is sure to help man become strong, yet tolerant and sympathetic. It will also help man to extend his love and good will beyond the communal, national and racial barriers. Vivekananda, in his plan for the regeneration of India, repeatedly presses the need for the eradication of poverty, unemployment and ignorance. Hence in Swamiji’s view, for the development of a balanced nation, we have to combine the dynamism and scientific attitude of the West with the spirituality of our country. The entire educational program should be so planned that it equips the youth to contribute to the material progress of the country as well as to maintaining the supreme worth of India’s spiritual heritage. He observes that although men and women are equally competent in academic matters, yet women have a special aptitude and competence for studies relating to home and family. Hence he recommends the introduction of subjects like sewing, nursing, domestic science, culinary art, etc which were not parts of education at his time. Another important aspect of Swamiji’s scheme of education is women’s education. He realizes that it if the women of our country get the right type of education, then they will be able to solve their own problems in their own way. The main objective of his scheme of female education is to make them strong, fear-less, and conscious of their chastity and dignity. To refer to his own words: â€Å"Traveling through many cities of Europe and observing in them the comforts and education of even the poor people, there was brought to my mind the state of our own poor people and I used to shed tears. When made the difference? â€Å"Education† was the answer I got. † The exposition and analysis of Vivekananda’s scheme of education brings to light its constructive, practical and comprehensive character. He realizes that it is only through education that the uplift of masses is possible. He strives to harmonize the traditional values of India with the new values brought through the progress of science and technology. He states it emphatically that if society is to be reformed, education has to reach everyone-high and low, because individuals are the very constituents of society. The sense of dignity rises in man when he becomes conscious of his inner spirit, and that is the very purpose of education. It is in the transformation of man through moral and spiritual education that he finds the solution for all social evils. Founding education on the firm ground of our own philosophy and culture, he shows the best of remedies for today’s social and global illness. Through his scheme of education, he tries to materialize the moral and spiritual welfare and upliftment of humanity, irrespective of caste, creed, nationality or time. However, Swami Vivekananda’s scheme of education, through which he wanted to build up a strong nation that will lead the world towards peace and harmony, is still a far cry. It is high time that we give serious thought to his philosophy of education and remembers his call to every-body-‘Arise, awake, and stop not till the goal is reached. ’ PRASUN KANJILAL.