Law of Carriage by Rail Essay Example for Free

Law of Carriage by Rail Essay 1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy, each copy for each carriage freight, and the content of the consignment note are correspond with all the terms and condition that was agreed by the Rules. When the consignment note had been made by the consignor and was being stamped by the forwarding station, the consignment note will be an evidence of the making contract between the consignor and the railway station or forwarding station, the content that stated in the consignment shall be correspond or exactly same with the consignor with railway station previously agreed. The responsible of the consignor is extraordinary of the consignment note, which may in accordance with the agreement between consignor and the railway company. In the consignment note was related to the goods such as quantity of the goods or to the amount of packages shall only be evidence against the railway when it had been verified by the railway to regulate that is not any deviation with the particular of the consignment note and has be certified in the consignment note. If that was any necessary these particulars may be verified by other means or it was obvious that there is no actual insufficiency corresponding to the discrepancy between the quantity or amount of packages and the particulars in the consignment note, the latter shall not be evidence alongside the railway. This shall apply in particular when the carriage is handed over to the consignee with the original stamps complete. After the railway company has verified the goods, and they shall to certify a receipt that include the date of acceptance of the carriage and stamped on the consignment note before it was duplicated to the consignor. The railway shall declare acceptance of the goods and the date of acceptance for carriage by assigning the date stamp to or else making the entry on the duplicate of the consignment note before compensating the duplicate to the consignor. The duplicate will not have influence as the consignment note complementary the goods, nor as a bill of lading. Grand Trunk Railway Co. of Canada v. McMillan [1889] In this case is the Grand Trunk Railway Company of Canada as defendant and Robert McMillan as plaintiff. The fact in the case is the railway company have the contract with Robert McMillan, which is a contact for carriage of the goods and it was go beyond of the station of line. The railway company undertakes to carry goods to a point beyond the station of its own line its contract is for carriage of the goods over the whole transit. However the other companies which over of the line they must pass are merely agents of the contracting company for such carriage, and it was in no private of contract with the transporter. In addition, such a contract being one which a railway company may refuse to enter into the contact, it is because of according to section 104 of the Railway Act it does not prevent from restrict the liability for negligence as carriers or else in respect to the goods to be carried after they had gone from its own line. Moreover, inside the contract have a condition from the Grand Trunk Railway Company (defendants), it was stated, they carry the goods form Toronto to Portage la Prairie, Man., it was a place that beyond the station of their line, and the company shall not be responsible for any loss, damage or delay and detention that may happen to goods sent by them. If that has be happen (loss, damage or delay and detention) after said the goods had arrived at the stations or places on their line nearest to the points or places which they were committed to or beyond their held limits. Furthermore for the condition of the contract is provided that no claim for loss, damage, delay or detention of goods should be allowed unless notice in writing with particulars and it was given to the station agent at or nearby to the place of delivery within thirty-six hours after delivery of the goods in order to the claim that was made. The held in this case is because of the condition are not relieve with the company from the liability for the loss and damage that happened during the goods in transit, even if the loss, damage, delay or detention had happened beyond the limits of the company in that own line. As well as the loss having occurred after the transit was over, and the goods delivered at Portage la Prairie, and the liability of the company as carriers having ceased, this condition reduced the contract to one of mere bailment as soon as the goods were delivered, and also exempted the company from liability as warehousemen, and the goods were from that time in keeping of the company on whose line Portage la Prairie was place and it was as an bailees for the goods. That a plea setting up non-compliance with this condition having been demurred to, and the plaintiff not having appealed against a judgment over-ruling the demurrer, the question as to the sufficiency in law of the defense was res judicata. Likewise for the part of the consignment having been lost such notice should have been given in respect to the same within thirty-six hours after the delivery of the goods which arrived in safety. Finally it was be an action against the Grand Trunk Railway Co. and the Canadian Pacific Railway Company jointly for damages caused by injury to the plaintiff’s goods that carry on the Grand Trunk for carriage of goods from Toronto to Manitoba. The goods were only carried by the Grand Trunk over a portion of the route and by the Canadian Pacific from Winnipeg to the place of consignment, and they were in the actual ownership of the latter company when injured. And because of the damage to the goods was not disputed, but the defendants claimed that they were carried under a special contract, by the terms of which they were relieved from liability. b) Briefly explain the party that have the liability to be liable under the carriage by rail? The rail carrier has the liability to be liable for the loss, damage or any delay of the goods that who was under CMR. According to Article 55 is provided that the railways may bring an action to forwarding railway. That is for claim against the railways company due to arising of loss, damage or delay of the goods, and is an action that for reclamation of totality of funded under the contact of carriage of goods might be taken against the railways which have composed that totality or against to railways on behalf it was collected. Based on Article of 54, that is the action against the railways might be brought by the consignor. If any happen action arising from the contact of carriage of goods, the action might brought by consignor until the consignee was take a proprietorship of the consignment note, accepted the goods from the consignor, or declared he has the right to deliver the goods. Or the action against the railways also can brought by the consignee, when the consignee are take a possession of the consignment note, accepted the goods, declared his right or he had been provided that he has the right of action that shall be quenched from the time when a person was entitled by the consignee. However, if they might brought an action against the railways, consignor shall to produce the duplicate of the consignment note, because that will be an evidence that he produce an authorisation from the consignee or deliver resistant that the consignee has refused to accept the consignment note, or the consignee shall to produce the consignment note if it has been furnished terminated to him. In addition, that Article of 36 that is the extent of the liability. The railways has a number of exclusion from the liability. In fact the railways shall to be liable for the loss, damage or delay of the goods, and occasioning from the total or some of the partial of loss, damage or delay from the consignor or between the time that had acceptance for carried out the goods loading and the time delivery and inherent vice of the goods such as defective packaging, decay of the goods or wastage. The railway company shall be relieved of such liability when the loss, damage or delays or the goods that had carried, due by the cause of fault on part of the person entitled, or by the person that entitled other than as result of a fault on the part of the railway which the railway could not avoided and which is unable to prevent the consequence. For instance, under the agreement between the consignor and the railway in the consignment note, the goods should be under the condition that applicable that had been stated in consignment note, any absence or lack of the filler of the good which by their nature shall be liable to loss or damage when the goods was not packed or not be properly packed, or defective loading that had been carried by the consignor, any irregular, incorrect or any incomplete description of the article not been acceptable for carriage or acceptable matter to conditions or failure on part of the consignor to observe the prescribed protections in respect of article acceptable matter to conditions, or the carriage of the live animal and what stated in the consignment note must be accompanied by any attendant, if the loss, damage or delay of the goods had been resulted in the risk of the attendant was intended to obviate, all the circumstance, the railway shall be relieved of the liability when it was cause in resulted in loss, damage or delay of the goods. For example in the case of Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co., Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., [1991], see as well the case of Grand Trunk Railway Co. of Canada v. McMillan [1889]. Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co. In this case the Mitsubishi Heavy Industries Ltd is the plaintiff and Canadian National Railway Company is the defendant in the cases. The fact in the case was as an import of a train derailment cargo owned by the plaintiff was severely damaged. The cargo was being accepted under a â€Å"Master Transportation Agreement† between the plaintiff and Fujitrans as a freight forwarder. The goods made in Japan and were carried by sea to Vancouver where it was discharged for further carriage to Ontario by rail. Furthermore, the defendant rail carrier assumed, pursuant to Section 137(1) of the Canada Transportation Act, S.C. 1996 and an agreement between Casco, another freight forwarder, that it was entitled to limit its liability to $50,000. However the rail carrier was entitled to limit his liability. The held in the case is which is the right of the defendant as a rail carrier to limit its liability depends on it establishing the existence of a â€Å"confidential contract† under ss. 126 and 137 of the Canada Transportation Act that is a â€Å"written agreement signed by the shipper† and that contains a limitation of liability. The â€Å"shipper† within the meaning of the Canada Transportation Act in the circumstances of this case was Casco not the plaintiff. In addition, the requirement of a â€Å"signed† copy of the agreement does not necessarily require that an actual contracted copy be produced. In this case, the existence of signed consignment of the agreement was sufficient. The plaintiff impliedly or expressly agreed to and authorized the subcontracting by Fujitrans to Casco and by Casco to the rail carrier. Moreover, the plaintiff had express awareness of the terms of the agreement between Casco and the rail carrier. Accordingly, the plaintiff is guaranteed by the limitation even without any private of contract between it and the rail carrier. Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., [1991] In this case the Rainbow Industrial Caterers Ltd as an appellant however Canadian National Railway Company as a defendant in the cases. The fact in the cases is actually they have two different industrial caterers, both of them is from Albert and in BC, and they was joined and administer as one entity that called as â€Å"Rainbow†. Canadian National Railway Company decided to call for tender for the catering of the meals and service for all the work of crews on a nation-wide basis for the good weather work period in 1985. It had estimated that 1,092,500 meals that will be required. Canadian National Railway Company was notified to Rainbow that the meals are total expected to be 85% of the values listed in the tender document, after the Rainbow was made the bids at $4.94 per meal. It was caused the Rainbow was to increase its bid to $5.02 per meals. As a result that the Rainbow was accumulate that it was losses month by month, because of the number that the meals required was very less than the number given as by the Canadian National Railway Company, and it was caused the Rainbow lost about $1,000,000 on the contact and sued to Canadian National Railway Company. Rainbow was brought an action in tort on the basis of negligent misstatement and misrepresentation in the contact. It is mean that was a breach of the contact and negligent misstatement. The held in the cases is the appellant is looking for the damages in an action for the negligent of misrepresentation is entitled to be put in the position, which if the misrepresentation had not been made. Thus, in tort of action the object is to put the appellant in the position that would have been in if the tort had not been committed. The position would have been is a matter that the appellant must to establish on a balance of the probabilities. However the Canadian National Railway Company was argue that the much of the losses was not caused by the negligent misrepresentation and would have been suffered even had the estimated was accurate. Canadian National Railway Company position is that the losses caused by the conduct that cannot be recoverable in the misrepresentation claim. But, the Canadian National Railway Company is bore the burden of proving the Rainbow would have a bid even if the estimate had been accurate. That was not being proved and it is taken as a fact that the Rainbow would not have to contract had the estimate been accurate. The conduct would not have occurred if there had been no contracted and these losses are causally and directly connected to the contract and the contact is causally connected to the negligent misrepresentation. Finally, this damage was foreseeable and there are not remote. The court was not satisfied that the Rainbow would have entered into the contract in the absence of the misrepresentation, so the damages claimed by the Rainbow were predictable. Furthermore the appellant may compete that all its losses on the contract were caused by the negligent misrepresentation but if it is shown that the loss was caused by factors other than the misrepresentation, and then the chain of causation is broken down. Generally, the plaintiff establishes a prima facie case by proving losses resulting from the contract. But the defendant may demonstrate that the chain of causation was broken by. For instance that the appellant was acts in own, the acts of third parties, or other factors disparate to the circuitous misrepresentation. Tort responsibility is based on mistake, and losses not caused by the defendants fault cannot be charged to it. It is for the appellant in constricting to make appropriate allowance for contingency such as conditions. The plaintiff may also have claim against third parties who cause it loss. To strengthen, the plaintiffs losses may have been caused by the respondent in negligent misrepresentation, or other wrongful acts or omissions of the respondent, whether in negligence or breach of contract and the plaintiffs acts or errors, the acts of third parties, factors unrelated to the faulted either the plaintiffs or the defendant. Trial judge wrongly held that all the appellant contract losses must be certified to and made no findings with respect to the other potential, in spite of the fact that the defendant Canadian National Railway Company led verification on them. These findings must be made if fairness is to be done.

Globalization In Morocco

Globalization In Morocco Globalisation is transforming the face of the global economy in many places around the world such as India, Japan, as well as Morocco etc. But what roles does globalisation involve exactly in Morocco? The first section defines what globalisation is, noting, first, that it is not a recent phenomenon, with waves of globalisation dating back to the 1800s and, second, that it is about much more than the location of production in low wage economies. The second section discusses the various drivers of the current wave of globalisation. We identify three relatively recent developments in particular the adoption of more open economic policies, increasing technological innovation, and the emergence of developing, low-wage economies on the world stage as the central to the current wave of globalisation. Having discussed the driving forces behind the current wave of globalisation, we go on to note that these developments have facilitated greater cross-border trade in goods and services, foreign direct investment, and migration. Unlike previous episodes of globalisation, the latest wave is also very closely associated with the development of globally-distributed production systems. In fact, Globalisation can be defined as the network of connections of organisations and people across national, geographic and cultural borders and boundaries Globalisation is nothing new as ancient trade routes such as the Silk road spanning several countries, have existed since the advent of mankind. In Europe, the first extensive trade network was established by the Romans via trade with other regions especially in the Mediterranean Sea. Other trade networks such as the Hansa or the British Commonwealth are more examples of trade routes in history. However globalisation even in past eras has not just been seen as a tool for economic activity but also caused events such as the discovery of America. This shows that globalisation cannot be seen as a new process even though the speed of globalisation has increased phenomenally in the last decades. we can see that globalisation is a network of organisations across nations therefore accentuating the importance of international relations. It has often been seen as a purely economic aspect however, globalisation also comprises cultural, political and ideological relations. Although globalisatio n is often used to explain the development of under developed countries, the effects of this concept are not always as positive as may seem. Thus, many of the levers of economic power seemed to be out of reach, because Morocco had become so integrated into global economy, basically at a conference in Barcelona the European Union agreed with governments from the southern shore of the Mediterranean to set up bilateral industrial free trade areas between the Union and Individual countries. This was to develop by 2015, into a Mediterranean free trade area. However, the agreement also specifically excluded agricultural produce and strictly limited migration. In fact, they started stopping Moroccans from trying to enter Europe illegally, despite intensive Spanish and Moroccan Naval patrols of the strait of Gibraltar. Bechir Znagie,the Voyage Perilous, Index on Censorship 3 (1994): 19-20. From the economic side, Morocco has made and still making the wrong choice when it is about accepting to step into globalization. In fact, the country agreed on opening its borders gradually until the complete disappearance of taxes. In one point of view, one can say that it will encourage investments in our economy, but what kind of investments will it be? Certainly it would not be about a high technology. As a consequence, these incoming investments which will mainly use cheap manpower can end with the complete destruction of Moroccos internal development. Moroccan companies are not ready yet to face international competition, since they are still stuck in primary industries and are hardly moving towards services. This shows the dangers of an evolution that is not emerging internally but is just imposed by the most powerful part in the negotiations. Morocco still has difficulties on the Industries to move towards services. This shows the dangers of an evolution that is not emerging internally but is just imposed by the most powerful part in the negotiations. There is the use of cheap labour in Morocco that will still make us stuck with the third world development and will affect of course the social innovation in a negative way. We cant ignore that globalization has some advantages concerning the creation of jobs in Morocco especially to young people this will completely decrease their will to build a developed society with its own global companies and its high technological production. Morocco will in fact be benefiting from globalization; however, it will also suffer from the hidden sides of this concept. Economy is just one side of globalization. In fact, globalization concerns economical, social and cultural aspects, and Morocco is far from benefiting from all these aspects. Morocco-Globalization 2010 There are some advantages that globalization offer to third developing countries such as morocco, basically the liquidity of capital increases and then the developed countries can invest in developing ones as well the environment protection increases, the free trade between countries increases as well as the interdependence of the nation-states, it provides also a propagation of democratic ideals, the goods and people are transported with more easiness and speed and even the possibility between the countries decrease, in fact, the cultural barriers reduce and the global village dream becomes more realistic. Globalization has effects that make the percentage of immigration increases between the countries which makes it an opportunity for people in need to work in order to earn money and in general they come back to their own countries and do investments, so the cross culture contacts grow and the cultural diffusion takes place, otherwise, the global environmental problems like cross boundary pollution over fishing on oceans make climate changes that are solved by discussions. The global common market has a freedom of exchange of goods and capital and this leads to an increase in the desire to use foreign ideas and products, and to adopt new practices and technologies to be part of world culture and a decrease in the subsidies for local businesses. This are some effects adopted between the countries due to globalization. Moreover, to explain more the advantages of globalization in the developing world including Morocco, a research has been done by Abhay Burande saying that It is claimed that globalization increases the economic prosperity and opportunity in the developing world. The civil liberties are enhanced and there is a more efficient use of resources. All the countries involved in the free trade are at a profit. As a result, there are lower prices, more employment and a better standard of life in these developing nations. It is feared that some developing regions progress at the expense of other developed regions. However, such doubts are futile as globalization is a positive-sum chance in which the skills and technologies enable to increase the living standards throughout the world. Liberals look at globalization as an efficient tool to eliminate penury and allow the poor people a firm foothold in the global economy. In two decades from 1981 to 2001, the number of people surviving on $1 or le ss per day decreased from 1.5 billion to 1.1 billion. Simultaneously, the world population also increased. Thus, the percentage of such people decreased from 40% to 20% in such developing countries. Otherwise, there is also the process through movement people. Globalization represents an important shift in the amount of the world output being and as well it is based on some dimensions such as internationalization, restructuring of the product process and ideological dimension. In Fact Morocco has been as well instructed through those dimensions which the rapid integration of the economies was involved and as well as the movement of capital and migration of people. They are basically some disadvantages and weaknesses concerning Moroccos globalization, several questions about the consumption are asked like why corruption is business weakness nit business strength; the answer is pretty simple as corruption impedes almost all positive characteristics of countrys economy. However, Moroccos biggest business disadvantage is the damage ways in which it conduct business, as long as Morocco continuous its cycles of corruption it will not have a significant impact on Globalization and as a result globalization is becoming the key to a nations economic survival. Moreover, some manufacturing in Morocco grew, but other industries however stagnated, specifically in electric power and cement production. Food output decreased as a reduction in labor input , agriculture in Morocco lacked specification and the lack of technology in the agriculture industry implied little division of labor, which was necessary for economies of scale, but after new technologies were implied to agriculture, laborers sufficient training to use the new technology, and thus proved useless . Critics however claim that globalization increases inequality, despite growth. In addition , globalization would lead to increased wages paid to working children, thus increasing child labor. However, empirical evidence suggests otherwise. Evidence strongly shows that growing countries actually have reduced poverty levels. Furthermore, rising domestic rice prices as a result of market integration would also increases household income. Families would then substitute this income towards income that would have been brought in by the children and child labor is thus reduced. This current wave of globalization has been driven by policies that have opened economies domestically and internationally. In the years since the Second World War, and especially during the past two decades, many governments have adopted free-market economic systems, vastly increasing their own productive potential and creating myriad new opportunities for international trade and investment. Governments also have negotiated dramatic reductions in barriers to commerce and have established international agreements to promote trade in goods, services, and investment. Taking advantage of new opportunities in foreign markets, corporations have built foreign factories and established production and marketing arrangements with foreign partners. A defining feature of globalization, therefore, is an international industrial and financial business structure. Silicon Valley, 2010 Conclusion: Morocco has met many opportunities through globalization in many factors including the economic, social, cultural, environmental Etc. As globalization is the key aspect for the world economic development such Morocco has made benefit in increasing disparity within and between nations, also threatens employment and living standards and thwarts social progress. It has made the whales larger and the minnows stronger. Morocco knew how to use globalization and therefore make best use of it, which out country has made development and progress and has bought wonderful opportunities and benefits, including the increasing interaction, or integration, of national economic systems through the growth in international trade, investment and capital flows. It is the raise in consecutiveness and a procedure where geographical distance becomes less important in the establishment.

Clinical Supervision in Practice and District Nursing

Clinical Supervision in Practice and District Nursing CLINICAL SUPERVISION IN PRACTICE AND DISTRICT NURSING: A LITERATURE REVIEW The following research reports a systematic literature review of studies which have assessed the development, implementation and outcomes of clinical supervision within practice and district nursing. 1.0 ABSTRACT Background – The demands which are being placed on nurses within the modern health care environment continue to increase. It is important that effective measures are identified which provide appropriate education, support and quality control for nurses to ensure that they can meet these demands. One such approach is referred to as clinical supervision. Through this, a nurse can be supervised by a more superior colleague who can oversee their actions and make interventions when necessary. Aims – This literature review will critically review research which has assessed the development, implementation and outcomes of clinical supervision in practice and district nursing. This will enable an assessment of the effectiveness and efficacy of clinical supervision within this group of health care workers. Methodology – A systematic literature review was conducted. Relevant articles were identified via computer based searches, manual searches and internet-based searches. Results – It was found that clinical supervision was developed based on a set of standards but that more work is required to improve the dissemination of these standards, role definitions and to standardise the process of supervisor selection and training. A need was also identified for supervisors to me made more available for both nurses and the supervisors themselves. Finally, the perceived benefits of clinical supervision in terms of support, socialisation into ward culture, providing clinical experience and improving the nurses’ job satisfaction were discussed. Further research is recommended to developed standardised and validated assessment tools to enable empirical analyses of the effect of clinical supervision on nurse performance and the quality of care provided to patients. Conclusions – Clinical supervision is seen to be an effective way of providing support for practice and district nurses. However, more work is needed to ensure that it is more feasible and that it is not viewed as a form of control or assessment by the nurses. Keywords – Clinical Supervision Practice District Nursing Evaluation What do we already know about the topic? Clinical Supervision focuses on providing nurses with education, support and management (quality control) Health care workers perceive that clinical supervision aids support, skill development, team building, provides a monitor and helps colleagues to share information Little research has critically analysed the effectiveness and efficacy of clinical supervision for practice and district nursing What does this study add to the knowledge in this topic? Clinical supervision standards have been developed but they need to be more effectively disseminated, standardised and the roles need to be better defined This review highlights the need for there to be an increase in the availability of supervisors for both nurses and the supervisors themselves Standardised assessment tools need to be developed and validated to enable an assessment of the effect of clinical supervision on nurse performance and quality of care 2.0 INTRODUCTION The world of nursing has gone through a period of significant change over the last ten years. In the acute nursing environment, nurses are using increasingly more complex health care interventions and have to incorporate the use of advances in both medical technology and disease management. Within primary care, nurses are required to face the burden of chronic disease and to facilitate patients beginning to self manage their own health. Such changes have been made as a result of Governmental policy and strategic approaches (Wanless 2002, Wanless 2004). Such changes have resulted in there being a range of extra demands being placed upon the nurse, both during and after their training. The Royal College of Nursing (2004a and 2004b) acknowledged the change which is occurring and stated that nurses’ continuous education needs to be assessed and adapted to meet the changing role of the nurse. Changing have particularly taken place within the education of student nurses through the implementation of Project 2000 (UK Central Council for Nursing, Midwifery and Health Visiting 1986)Nurses are now required to undertake tasks which were traditionally performed by doctors. Through these changes the need for effective CLINICAL supervision within nursing has become ever more salient. As a result of the potential effects which a supervisor nurse relationship can have on the nurse’s learning, their experience of training, their subsequent performance on the training course, their future effectiveness as a nurse and ultimately on the quality of the care which is provided by the nurses, it is an important topic to consider within the fields OF BOTH PRACTICE AND DISTRICT nursing. 3.0 BACKGROUND Much has been written about the practitioner as facilitator, supervisor, assessor and role model, and the overlay of role functions (Windsor 1987, Hughes 1990, Donovan 1990, Bailey 1992). Despite this, there is still a lack of consensus within the literature in terms of a clear definition of what is meant by the term ‘supervisor’ (Hagerty 1986, Phillips et al 1996a, Phillips et al 1996b). It has been argued that the task of defining the term supervisor is made more complicated by the fact that other terms are used, such as assessor, facilitator and mentor, to describe the same role (Phillips et al 1996a, Phillips et al 1996b). As a result of the wide range of aspects of the role which is played by a supervisor, it can be stated that a definition of supervisor can only be a general description as anything more specific would run the risk of excluding important elements of the position (Davies et al 1994). For the purposes of the following review, the definition of supervi sion which was provided by Zwolski (1982) will be adopted: ‘Supervision is a relationship which is aimed at guiding the novice towards an established place within the profession’ (Zwolski 1982) In the nursing profession the aims of the supervisor will be to form a relationship with their nurses which enables them to be successful during their training and throughout their subsequent career. Jarvis (1995) emphasised that it is important to focus on the supervisor’s role as a function and as a relationship with the nurse rather than being about them as a teacher or practitioner. Through this role the supervisor can help to narrow the gap between theory and practice (Pelosi-Beaulieu 1988, Armitage and Burnard 1991). Butterworth and Faugier (1994) theorise that the role of clinical supervisor has three key elements, namely Education, Support and Management (through quality control). However one conceptualises clinical supervision within practice and district nursing, the benefits of the process have been demonstrated through previous research. It has been found that nurses require their supervisor to provide a good role model and to provide a source of support, particularly in the earlier years of a nurse’s career (Gray and Smith 2000). Research has indicated that nurses tend to leave the profession because they cannot cope with the demands of training or the job itself (Fulbrook et al 2000) or because of more personal factors (MORI 2003). It may be that clinical supervision has a broader role to play here in reducing the probability that a nurse will leave the profession. Based on questionnaire research, Thomas and Reid (1995) identified five important benefits of clinical supervision. They were support, skill development, team building, monitoring clinical performance and the sharing of information. The following review will consider research which has focussed on the clinical supervision within practice and district nursing. 4.0 METHOD A systematic review aims to integrate existing information from a comprehensive range of sources, utilising a scientific replicable approach, which gives a balanced view, hence minimising bias (Hart 1998). In other words, a scientific approach will help to ensure that research evidence is either included or excluded based upon well defined and standardised criteria. This should ensure that the possible effects of researcher bias should be kept to a minimum. Brealey and Glenny (1999) also states that systematic reviews provide a means of integrating valid information from the research literature to provide a basis for rational decision making concerning the provision of healthcare. 4.1 SOURCES OF DATA The methodology employed within the research will involve obtaining data from three key sources: Computerised searches, Manual searches, and the Internet. Each of these data sources will now be considered in more detail. 4.1.1 COMPUTERISED SEARCHES Multiple databases, both online and CD–Rom will be accessed to retrieve literature because they cite the majority of relevant texts. (Loy 2000) The computerised bibliographic databases are:- MEDLINE EMBASE CINAHL PSYCHINFO British Nursing Info BNI Cochrane Science Direct(All Sciences Electronic Journals) However because articles may not be correctly indexed within the computerised databases, other strategies will be applied in order to achieve a comprehensive search (Sindhu Dickson 1997). 4.1.2 MANUAL SEARCHES A manual search will be performed to ensure that all relevant literature is accessed. The manual searches will include:- Books relevant to the topic from university libraries and web sites Inverse searching- by locating index terms of relevant journal articles and texts Systematically searching reference lists and bibliographies of relevant journal articles and texts 4.1.3 THE INTERNET The internet will provide a global perspective of the research topic and a searchable database of Internet files collected by a computer. Sites accessed will include:- Department of Health National Institute of Clinical Excellence English National Board of Nursing, Midwifery and Health Visiting Google 4.2 IDENTIFICATION OF KEY WORDS The selection of search terms is an important task. The search needs to be sensitive in that it should identify as many of the key articles as possible. It should also be specific in reducing the number of irrelevant articles which it produces. The search words were derived based on the research question, as recommended by Loy (2000). They were: Clinical Supervision Practice Nursing District Nursing Evaluation Effectiveness 4.3 INCLUSION AND EXCLUSION CRITERIA. In order that a manageable quantity of pertinent literature is included in this study, it is essential that inclusion and exclusion criteria are applied. These are outlined below: 4.3.1 INCLUSION CRITERIA The articles which are highlighted within the proposed searches will be assessed in terms of whether or not they meet the following criteria. Each article will need to be viewed as appropriate with regards to all of these constraints if they are to be included in the final analysis. From the pool of data which is obtained, the most appropriate articles which meet these inclusion criteria will be selected for use within the review. A literature review encompassing all methodologies will be applied (International studies will be included Available in English Relate to Clinical Supervision Relate to Practice or District Nursing 4.3.2 EXCLUSION CRITERIA The articles highlighted by the searches will also be assessed in terms of whether or not they fulfil the following exclusion criteria. If a potentially relevant article meets one or more of these criteria then they will be immediately excluded from the data set and will not be included within the analysis stage of the methodology. Articles relating to supervision in industries other than health care will not be included Literature in a foreign language will be excluded because of the cost and difficulties in obtaining translation. Research reported prior to 1985 will not be included within this review. 4.4 CONSIDERATION OF ETHICAL ISSUES Any research involving NHS patients/service users, carers, NHS data, organs or tissues, NHS staff, or premises requires the approval of a NHS research ethics committee (Department of Health 2001). A literature review involves commenting on the work of others, work that is primarily published or in the public domain. This research methodology does not require access to confidential case records, staff, patients or clients so permission from an ethics committee is not required to carry out the review. The researcher will also act professionally when identifying, reviewing and reporting relevant studies. 5.0 RESULTS The most relevant research which was identified by the methodology employed within this research will now be critically analysed. In order to structure the discussion more effectively, the analysis will address the three stages which should comprise the evaluation of a training intervention (Kirkpatrick 1979). Thus the discussion will consider the development, implementation and outcomes of clinical supervision in practice and district nursing. 5.1 EVALUATION OF THE DEVELOPMENT OF SUPERVISION PROGRAMMES Whenever one is considering a health care intervention, it is important to first address the foundations upon which it was developed. In the case of clinical supervision, one must consider the relevant policies and theoretical frameworks. A set of standards which govern the preparation and role of supervisors were produced by the UK Central Council for Nursing, Midwifery and Health Visiting (2004). The English National Board have outlined the five key aspects of the supervisors role: Assisting, Befriending, Guiding, Advising and Counselling (Anforth 1992). Research has been conducted with the aim of evaluating the supervision process from a theoretical perspective as well as those of the nurses and supervisors themselves. This research will now be outlined. Researchers have conducted reviews of clinical supervision of nurses and have highlighted some potential limitations. Andrews and Wallis (1999) reported that a range of different frameworks for conceptualising the supervisor role were prevalent and that more specific guidelines needed to be developed. They also found that supervisors often attended short and local courses whose effectiveness had not been evaluated. Furthermore, Wilson-Barnett et al (1995) stated that the continued use of terms such as mentor, assessor and facilitator, as well as supervisor, led to confusion of the specific nature of the role. Therefore, it appears that although standards have been developed regarding clinical supervision in nursing, further work may be required to ensure that they are more effectively disseminated. The process of clinical supervision needs to also be evaluated from the nurses’ perspective. Watson (1999) conducted semi-structured interviews with 35 nurses to investigate their perceptions of the clinical supervision which they had received. Two key findings were reported. Firstly, the respondents reported that they felt that the supervision process was not sufficiently defined by the English National Board. They also felt that the supervision process was not adequately clarified by their internal organisation. Standards were seen to be appropriate but they were not effectively applied to the practical situation. This research did employ a small sample and the extent to which the findings can be generalised to the UK as a whole may be questioned Having said this, these findings do demonstrate that nurses clinical supervision is based on appropriate standards but that the roles of supervision and the person being supervised need to be more specifically defined. The third and final area of evaluation concerns the supervisors themselves. Cahill (1996) reviewed the relevant research in this area and reported that there are a range of different supervisor selection and training procedures. This ensures that there is sufficient scope for different supervisors to be selected based on different criteria and for them to then go on and receive different levels of training. This lack of standardisation has the potential to mean that the quality of supervision provided throughout the UK may significantly differ. Further research in this field has been reported. For instance, Neary (1997 and 2000) interviewed 155 clinical supervisors. It was found that there was some confusion over the nature which the supervisor/nurse relationship should take. The supervisors were not clear on what their specific role was and the extent to which they should help their nurses. This causes problems in terms of competency assessment as the supervisors were not clear on what was expected of them and the nurses whom they were supervising. Therefore, issues regarding standardisation and role definition are prevalent within supervisor perceptions of this topic. This section has demonstrated that work is required to improve the dissemination of standards, role definitions and the standardisation of supervisor selection and training. 5.2 EVALUATION OF THE IMPLEMENTATION OF SUPERVISION PROGRAMMES A relevant research study which has been conducted in this area involved nurses and their supervisors completing activity diaries for a week (Lloyd-Jones et al 2001). The data provided via the activity diaries were then analysed in order to determine the extent to which the nurses were adequately supervised and what happened when their supervisors were not present. It was reported within this research that the nurses did spend a significant amount of time away from their supervisor. It was identified that in the absence of a supervisor, the student nurse was often supervised, either directly or indirectly, by another qualified member of staff. Although this may be a good short term solution, it is unlikely to be standardised across organisations and to only occur when there is an appropriate member of staff available. More strategic approaches to clinical supervision may be required such that practice and district nurses have appropriate support when it is required. The importance of supervisor availability has been highlighted within international research. For example, Saarikoski (2002) collected data from 558 student nurses who were based in both Finland and the UK. They completed the Clinical Learning Experience and Supervision Instrument. The Finish students were found to be significantly more positive regarding their clinical experience and their supervision relative to the UK students. This difference was found to be significantly associated with the fact that Finish students spent a significantly longer amount of time with their supervisor. This methodology benefits from using a relatively large sample. Other research has focussed on the extent to which the supervisors themselves are adequately supervised. Aston et al (2001) conducted research which was commissioned by the English National Board. They collected information via documentation, one-to-one interviews and focus groups using samples of 76 lecturers and 46 practitioners. The research focused on the participants’ perceptions of the extent to which the supervisors of student nurses are adequately supervised, monitored and audited. It was found that supervisors believed that they were not sufficiently prepared, supported or monitored. They had a wide range of different experiences and they believed that there was a need for a more organised approach which would enable more consistent support and supervision to be available. It is important that the supervisors themselves are supervised so that they have someone to guide and advise them in their role and to provide them with the support that they need to effectively supervise their student nurses. The methodology used in this study benefits from having a relatively large s ample and because it obtained data from a number of different sources. This facilitated an overall view of the topic to be gained by enabling a more comprehensive approach. This section has demonstrated that further work is required in the implementation of clinical supervision to ensure that both practice and district nurses, as well as their supervisors, are appropriately supervised. 5.3 EVALUATION OF THE OUTCOMES OF SUPERVISION PROGRAMMES A key area of any evaluation will focus on the relevant outcomes. However, in terms of clinical supervision, this is not a straight forward task as there is a lack of clear and standardised assessment tools. Calman et al (2002) conducted 12 focus groups and 72 one-to-one interviews with nurses and supervisors to gain an understanding of their perceptions. It was reported that assessment tools were not seen to provide a fair reflection of a person’s ability and that the approaches taken varied significantly between organisations. As a result of this the research which has empirically assessed the effects of clinical supervision on both the quality of patient care and the nurses’ skill acquisition is limited. Having said this, questionnaire research involving 19 nurses has highlighted some of the perceived positive outcomes of clinical supervision (Earnshaw 1995). The respondents indicated that the supervision provided vital support, aided their socialisation in terms of ward culture and facilitated their gaining of clinical experience which helped to improve their skills. Thus, through both direct and indirect methods, clinical supervision can have positive outcomes in terms of the nurses themselves. However, one cautionary note should be made here in that further research by Cahill (1996) has revealed that some nurses view clinical supervision as a form of control and assessment rather than a source of help to them. Therefore, more standardised and validated assessment tools are required before confident conclusions can be made regarding the actual effects of clinical supervision on nurses’ skills and the quality of the care which they provide to their patients. There are some perceived outcomes of both a positive and negative nature which are associated with clinical supervision. Further work here would help to maximise and realise the perceived benefits and to minimise the effects of any possible negative aspects. Other relevant research has focused on the outcomes of clinical supervision in terms of the nurses job satisfaction. Gray and Smith (2000) interviewed 10 nurses at five different points in their careers. A positive correlation was found between the quality of the supervisor/nurse relationship and the nurses’ satisfaction with their learning experience within their role. Therefore, if a positive relationship can be facilitated between a nurse and their supervision then this should, in theory, help to improve the chance that the nurse will be satisfied within their role. Research has also investigated the longer term aspects of the relationship between clinical supervision of the nurses’ satisfaction with their career. One such study was recently conducted by Pearcey and Elliott (2004) and involved interviews with 14 student nurses. Four key aspects were associated with whether or not the student nurses would be likely to go on and seek a career as a nurse in the future. These factors included ward culture, the reaction to negative incidents, the student nurses perceptions of the qualified nurses/supervisors and how these people were seen to treat the trainee nurses. Thus the supervisors can help to improve the learning experience in each of these areas. This section has shown that improvements need to be made in establishing a standardised assessment to enable more accurate evaluations of the effectiveness of clinical supervision to take place. Nurse perceptions of clinical supervision do reveal that there are both positive and negative outcomes. One interesting finding merits consideration here. Andrew and Chilton (2000) interviewed supervisors and nurses regarding the benefits of a teaching qualification on the outcome of clinical supervision. The supervisors reported that they felt that it made them more effective in the supervisory role and that they provided better support as a result of the qualification. However, the nurses’ ratings of supervisors with and without a teaching qualifications revealed no significant differences. Thus more work is required in developing the training of supervisors to ensure that it has a positive effect. 6.0 CONCLUSIONS This review has considered research which has evaluated clinical supervision within practice and district nursing. The discussion focussed on the development, implementation and the outcomes of clinical supervision. In terms of the developmental factors, a need for an improvement in the dissemination of standards was identified along with the establishment of clearer role definitions. A drive towards a more standardised approach to supervisor selection and training is also advocated. As for the implementation of clinical supervision, the need for both nurses and supervisors to be supervised was identified. Research has demonstrated that supervisor availability is associated with the nurse’s performance and hence it is important that supervisors are available as much as possible. The final section of the discussion considered the outcomes of clinical supervision. The lack of standardised and validated assessment tools ensure that it is difficult to quantify the effects of clinical supervision on the nurses’ performances and ultimately on the quality of patient care. However, the perceived benefits of clinical supervision, such as support, socialisation, enabling clinical experience and enhancing job satisfaction, were identified. It may also have longer term benefits in terms of reducing the probability that a nurse will leave the profession. It is through working towards the realisation of the perceived benefits that clinical supervision can be made as effective as possible. Through this, more effective training programmes for clinical supervisors can be developed and the potentially negative view of clinical supervision as being about control and assessment can be replaced with a more positive image of aiding continuous improvement in nurse satisfact ion and performance along with the quality of care which is given to patients. 7.0 References Andrews M and Chilton F. Student and supervisor perceptions of supervising effectiveness. Nurse Education Today, 2000, 20 (7), pp 555-562 Andrews M and Wallis M. Supervision in nursing: A literature review. Journal of Advanced Nursing, 1999, 29 (1), pp 201-207 Anforth P. Supervisors not assessors. Nurse Education Today, 1992, 12 (4), pp 299-302 Armitage P and Burnard P. Supervisors or preceptors? Narrowing the theory/practice gap. Nurse Education Today, 1991, 11 (3), pp 225-229 Aston L, Mallik M, Day C and Fraser D. An exploration into the teacher/lecturers in practice: Findings from a case study in adult nursing. Nurse Education Today, 2000, 20 (3), pp 178-188 Bailey D. Facilitator not teacher: a role change for tutors in open learning nursing education. Journal of Advanced Nursing, 1992, 17, 983-991 Brealey S. and Glenny A, A Framework for radiographers planning to undertake a systematic review. Radiography, 5 131-146, 1999 Butterworth T and Faugier J Clinical supervision in Nursing, Midwifery and Health Visiting. A briefing paper. Nursing Times. 1994, Vol.90 No.48 pp.38-42 Cahill HA. A qualitative analysis of student nurses’ experiences of supervision. Journal of Advanced Nursing, 1996, 24 (4), pp 791-799 Calman L, Watson R, Norman I, Redfern S and Murrells T. Assessing practice of student nurses: Methods, preparation of assessors and student views. Journal of Advanced Nursing, 2002, 38 (5), pp 516-523 Davies WB, Neary M, Philips R. Final Report. The Practitioner-Teacher. A Study in the Introduction of Supervisors in the Pre-Registration Nurse Education Programme in Wales. Cardiff, UWCC, School of Education, 1994. Department of Health. National service framework for older people: Modern standards and service models. London, UK: Author 2001. Donovan J. The concept and role of supervisor. Nurse Education Today, 1990, 10 (4), pp 294-298 Earnshaw GJ. Supervision: The students’ views. Nurse Education Today, 1995, 15 (4), pp 274-279 Fulbrook, P., Rolfe, G., Albarran, J. and Boxall, F. ‘Fit for Practice: Project 2000 Student Nurses Views on how well the Curriculum prepares them for Clinical Practice’ Nurse Education Today 2000, 20 (5): pp 350-357 Gray MA and Smith LN. The qualities of an effective supervisor from the student nurses’ perspective: Findings from a longitudinal qualitative study. Journal of Advanced Nursing, 2000, 32 (6), pp 1542-1549 Hagerty B. A second look at supervisors. Nursing Outlook. 1986, 34, 16-20. Hart C. Doing a literature reviewLondon: Sage Publications 1998 Hughes P. Evaluating the impact of continual professional education (ENB 941). Nurse Education Today, 1990, 10 (6), pp 328-336 Kirkpatrick DL. Techniques for evaluating training programmes. Training and Development Journal, 1979, 33 (6), pp 78-92 Jarvis P. Towards a philosophical understanding of supervising. Nurse Education Today, 1995, 15 (6), pp 414-419 Lloyd-Jones M, Walters and Akehurst R. The implications of contact with the supervisor for pre-registration nursing and midwifery students. Journal of Advanced Nursing, 2001, 35 (2), pp 151-160 Loy. J. New on the Net MIDIRS Midwifery Digest, 2000 MORI. Student Nurses: The Pressure of Work. 2003 www.mori.co.uk Neary M. Supporting students’ learning and professional development through the process of continuous assessment and supervision. Nurse Education Today, 2000, 20 (6), pp 463-474 Neary M. Defining the role of supervisors, assessors and supervisors: Part 1 and 2. Nursing Standard, 1997, 11 (43), pp 34-38 Pearcey PA and Elliott BE. Student impressions of clinical nursing. Nurse Education Today, 2004, 24 (5), pp 382-387 Pelosi-Beaulieu L Preceptorship and supervision: bridging the gap between nursing education and nursing practice. NSNA/Imprint, 1988, 111-115. Phillips RM, Davies WB, Neary M. The practitioner-teacher: a study in the introduction of supervisors in the pre-registration nurse education programme in Wales part 1. Journal of Advanced Nursing. 1996a, 23 (5), pp 1037-1044 Phillips RM, Davies WB, Neary M. The practitioner-teacher: a study in the introduction of supervisors in the pre-registration nurse education programme in Wales part 2. Journal of Advanced Nursing. 1996b, 23 (6), pp 1080-1088. RCN. The Future Nurse: The RCN Vision. London: Royal College of Nursing, 2004a RCN. The Future Nurse: The RCN Vision Explained

The Discus Ring Essay -- Observation Essay, Descriptive Essay

The Discus Ring There is a place in my mind that none other is equal to. This place holds the dreams of so many; it grants the wishes of so few. Although hope can persevere through so many trials and tribulations, this place can crush hope in less than an instant. When there is the realization that hope has been mangled, that a person can be or has been defeated, this place may choose to reestablish that person's dignity and pride in the next instantor it may not. This place is the discus ring. Its occupants often call it "the ring". It is a small, square slab of concrete placed at the vertex of a precise angle. There is a white circle painted on the cement. Though it seems simple, this is the most complex piece of equipment and the biggest challenge in an athlete's life. Looking from an athlete's eyes, a person could see the world from the ring. Just spending time there could equally duplicate everything of importance that has ever been taught to them. Things like pride, disappointment, and responsibility to others as well as you are learned in this six by six-foot squa...

The Female Spell-caster in Middle English Romances: Heretical Outsider or Political Insider :: Essays Papers

The Female Spell-caster in Middle English Romances: Heretical Outsider or Political Insider Historically, the relationship between heresy and spell-casting is difficult to define.1 For example, H. A. Kelly points out that sorcery and heresy were not formally linked in England.2 They were regarded as separate crimes, although burning (especially after the 1401 Statute passed by Parliament) could be the punishment for both crimes. Certainly, English romances from the fourteenth to the sixteenth centuries do not explicitly relate sorcery and heresy. Popular attitudes, though, often would link the two in the late Middle Ages, and this coupling could be accompanied by the issue of gender. As Kramer and Sprenger, two Jesuit inquisitors, wrote in 1486: since [women] are feebler both in mind and body, it is not surprising that they should come more under the spell of witchcraft. For as regards intellect, or the understanding of spiritual beings, they seem of a different nature from men ....3 Yet, as Malcolm Lambert explains, heresy stems not just from deviation from orthodox religious belief but also from deliberate actions against ecclesiastical authority and refusal to recant when ordered to do so.4 Exploring the links among sorcery, heresy, and gender in popular literature, such as Middle English metrical romances, can demonstrate how the individual and collective perceptions of these issues changed from the fourteenth to the sixteenth century.5 Thus three questions arise about spell-casting women in Middle English romances: have the heretical implications of these women's actions been ignored? Considering no authority intervenes to inform them that they are defying religious doctrines, can these politically powerful women even be viewed as heretics? And finally, how do the political and religious circumstances of the historical community impact these fictional women and their potentially heretical actions? For the purposes of this paper, discussion will be limited to the female spell-casters found in metrical romances which contain imposed physical transformations and which were composed in England from the fourteenth century to the sixteenth century. Shape-shifting (i.e. voluntarily changing one's own form) and changing into an inanimate object such as a stone or tree are not included. The following romances contain imposed-changed body forms and are listed in general chronological order: TIME PERIODS AND TEXTS (GENDER) SPELL-CASTER I. Early to mid fourteenth century Lybeaus Desconus(M) 2 magicians Cheuelere Assigne(F) hero's grandmother William of Palerne(F) transformee's stepmother The Female Spell-caster in Middle English Romances: Heretical Outsider or Political Insider :: Essays Papers The Female Spell-caster in Middle English Romances: Heretical Outsider or Political Insider Historically, the relationship between heresy and spell-casting is difficult to define.1 For example, H. A. Kelly points out that sorcery and heresy were not formally linked in England.2 They were regarded as separate crimes, although burning (especially after the 1401 Statute passed by Parliament) could be the punishment for both crimes. Certainly, English romances from the fourteenth to the sixteenth centuries do not explicitly relate sorcery and heresy. Popular attitudes, though, often would link the two in the late Middle Ages, and this coupling could be accompanied by the issue of gender. As Kramer and Sprenger, two Jesuit inquisitors, wrote in 1486: since [women] are feebler both in mind and body, it is not surprising that they should come more under the spell of witchcraft. For as regards intellect, or the understanding of spiritual beings, they seem of a different nature from men ....3 Yet, as Malcolm Lambert explains, heresy stems not just from deviation from orthodox religious belief but also from deliberate actions against ecclesiastical authority and refusal to recant when ordered to do so.4 Exploring the links among sorcery, heresy, and gender in popular literature, such as Middle English metrical romances, can demonstrate how the individual and collective perceptions of these issues changed from the fourteenth to the sixteenth century.5 Thus three questions arise about spell-casting women in Middle English romances: have the heretical implications of these women's actions been ignored? Considering no authority intervenes to inform them that they are defying religious doctrines, can these politically powerful women even be viewed as heretics? And finally, how do the political and religious circumstances of the historical community impact these fictional women and their potentially heretical actions? For the purposes of this paper, discussion will be limited to the female spell-casters found in metrical romances which contain imposed physical transformations and which were composed in England from the fourteenth century to the sixteenth century. Shape-shifting (i.e. voluntarily changing one's own form) and changing into an inanimate object such as a stone or tree are not included. The following romances contain imposed-changed body forms and are listed in general chronological order: TIME PERIODS AND TEXTS (GENDER) SPELL-CASTER I. Early to mid fourteenth century Lybeaus Desconus(M) 2 magicians Cheuelere Assigne(F) hero's grandmother William of Palerne(F) transformee's stepmother The Female Spell-caster in Middle English Romances: Heretical Outsider or Political Insider :: Essays Papers The Female Spell-caster in Middle English Romances: Heretical Outsider or Political Insider Historically, the relationship between heresy and spell-casting is difficult to define.1 For example, H. A. Kelly points out that sorcery and heresy were not formally linked in England.2 They were regarded as separate crimes, although burning (especially after the 1401 Statute passed by Parliament) could be the punishment for both crimes. Certainly, English romances from the fourteenth to the sixteenth centuries do not explicitly relate sorcery and heresy. Popular attitudes, though, often would link the two in the late Middle Ages, and this coupling could be accompanied by the issue of gender. As Kramer and Sprenger, two Jesuit inquisitors, wrote in 1486: since [women] are feebler both in mind and body, it is not surprising that they should come more under the spell of witchcraft. For as regards intellect, or the understanding of spiritual beings, they seem of a different nature from men ....3 Yet, as Malcolm Lambert explains, heresy stems not just from deviation from orthodox religious belief but also from deliberate actions against ecclesiastical authority and refusal to recant when ordered to do so.4 Exploring the links among sorcery, heresy, and gender in popular literature, such as Middle English metrical romances, can demonstrate how the individual and collective perceptions of these issues changed from the fourteenth to the sixteenth century.5 Thus three questions arise about spell-casting women in Middle English romances: have the heretical implications of these women's actions been ignored? Considering no authority intervenes to inform them that they are defying religious doctrines, can these politically powerful women even be viewed as heretics? And finally, how do the political and religious circumstances of the historical community impact these fictional women and their potentially heretical actions? For the purposes of this paper, discussion will be limited to the female spell-casters found in metrical romances which contain imposed physical transformations and which were composed in England from the fourteenth century to the sixteenth century. Shape-shifting (i.e. voluntarily changing one's own form) and changing into an inanimate object such as a stone or tree are not included. The following romances contain imposed-changed body forms and are listed in general chronological order: TIME PERIODS AND TEXTS (GENDER) SPELL-CASTER I. Early to mid fourteenth century Lybeaus Desconus(M) 2 magicians Cheuelere Assigne(F) hero's grandmother William of Palerne(F) transformee's stepmother

Was the Outbreak of General War in 1914 Inevitable After the Assassination of Arch Duke Franz Ferdinand

Was the outbreak of general war in 1914 inevitable after the assassination of Arch Duke Franz Ferdinand? Various different factors led to the outbreak of the first World War- a war which incorporated all human, economic and military resources available to achieve total victory over the enemy. Roughly, the causes can be classified into long term (Franco-Prussian War, Imperialism, Alliance System, Anglo- German Naval Arms Race, etc. ), short term (Morrocan Crisis, Agadir Crisis, Bosnian Crisis, Balkan Wars) and the immediate cause of World War I: The assassination of Arch Duke Franz Ferdinand in Sarajevo.Although all of the causes added to the outbreak of World War I, the assassination of Arch Duke Franz Ferdinand made the war inevitable for the European Powers. It took the last chance of a peaceful solution to the European conflict and can be classified as the most important immediate cause of the war. The assassination of Arch Duke Franz Ferdinand is seen as the most important immedi ate cause of World War I. On the 28th of June, Franz Ferdinand was shot by Gavrilo Princip, a member of the Slavic nationalist group â€Å"Black Hand Movement†, in Sarajevo, Bosnia.The Arch Duke had been on a good-will mission to Bosnia in order to calm the situation and bring peace to the region. Directly after the assassination, the Serbian Government was blamed by Austria-Hungary as being responsible for Franz Ferdinand’s death. This assumption may have been made because there were some few connections between members of the Serbian government and the â€Å"Black Hand Movement†. On the same day, Serbia denied any responsibility for the assassination.After this, the Austrian-Hungarian government assured itself of German Support on the 5th of July 1914 through the diplomat count Hoyos by sending a letter to Berlin which stated that it was almost sure that the Serbian Government was involved in the assassination. It also implied Austria-Hungary’s will to crush Serbia militarily in order to prevent a strong bulwark of Slavic nations under the leadership of Serbia. To the letter, Kaiser Wilhelm II answered that Austria-Hungary could â€Å"rest assured that his Majesty will faithfully stand by Austria-Hungary, as is required by the obligations of his alliance and of his ancient friendship†.After the German reassurance, Austria-Hungary proceeded by setting an ultimatum to Serbia on the 23rd of July with the following terms: 1. Officially condemn anti-Austrian publications and propaganda 2. Suppress anti-Austrian societies 3. Ban anti-Austrian teachers and books from their schools 4. Dismiss any government officials that Austria might name 5. Accept help from Austria in checking obnoxious propaganda 6. Allow Austrian officials to assist in the investigation of Archduke Franz Ferdinand.Serbia accepted all terms except the one that allowed Austrian officials to further investigate the murder of Franz Ferdinand on the 25th of July. T his marks the final trigger for the outbreak of World War I; on the 28th of July 1914, Austria-Hungary declared war on Serbia and a fatal chain reaction began. One reason for the outbreak of World War I being inevitable after the assassination of Franz Ferdinand was that this assassination was the long awaited chance for Austria-Hungary and the other European Powers to begin a war. For Austria-Hungary, war was favorable because it aimed to gain power in the Balkan region.This was only possible if Serbia was in a weak position without the chance to interfere with Austrian-Hungarian interests. Furthermore, Austria-Hungary feared that a strong Serbian state would lead to a unified Slavic empire under the leadership of Serbia. Therefore, a military intervention to crush Serbia was in the interest of Austria-Hungary. For Germany, war was favorable because of the Weltpolitik principle, according to which Germany wanted to seize a more important role in the World by territorial expansion a nd military power.Also, Germany was obliged to its alliance with Austria-Hungary and had to stand with its ally in case of war. Various German generals, e. g. von Moltke, believed that the July crisis was a good time for Germany to go to war in order to prevent being crushed by the entente powers and to preempt Russian mobilization in order to be able to fulfill the Schlieffen plan. Also, war was a good means of distraction from domestic problems in Germany, like the rise of socialist movements.For the Entente Powers Russia, France and Great Britain war was favorable because it gave them the possibility of weakening Germany, which had grown to a big threat for these powers. According to Pearce and Lowe, Great Britain had shown its will for war through the naval talks with Russia in 1914. Nonetheless, there is some ambiguity about Great Britain longing for a war of this scale. For Russia, war was favorable because it had to show strength after some weak responses to the Balkan Crises . Through the general mobilization, Russia reinforced this will.Only France did not really want to get involved in a large scale after the defeat in the Franco-Prussian war of 1871. Nonetheless, France had to mobilize after the German side took up the Schlieffen Plan. Another reason for war becoming inevitable was the Alliance System that was set up during the various European disputes before World War I. Austria-Hungary and Germany as well as Italy were connected in a Triple Alliance. On the other side, there was a Triple Entente between France, Russia and Great Britain. After the assassination of Franz Ferdinand, this took full effect.After the declaration of war on Serbia by Austria-Hungary on the 28th of July, Russia mobilized in order to protect Serbia. This brought Germany having to declare war on Russia on the 1st of August because of its guarantee to protect Austria-Hungary. In order to be able to fulfill the Schlieffen Plan (this plan was meant to quickly defeat France and to then focus on the Eastern Front in order for Germany not having to fight a two front war against France and Russia), Germany declared war on France shortly afterwards on the 3rd of August.This brought Great Britain into the war on the 4th of August because it had to declare war on Germany in order to hold its alliance with France. Lastly, Austria-Hungary declared war on Russia on the 6th of August in order to support Germany. So in only 9 days, all European powers were at war with each other. According to AJP Taylor, â€Å"World War I was a war by time table. † Through the alliance system, war was being made inevitable simply by the obligations of the European Powers towards each other.On the one hand, powers like France and Britain were not completely committed to beginning a world war; on the other hand they had to adhere to the clauses of the Triple Entente in order to stay under protection themselves and to not lose credibility while facing disputes around Europe. Over all, the Alliance System was one of the main reasons that made the outbreak of war inevitable after the assassination of Franz Ferdinand. One other reason for the outbreak of war becoming inevitable was the military preparation that had already taken place and that made it easy to act and easy to step into a war.Firstly, all of the European powers had increased their spending on military goods drastically. From 1872 to 1912, Germany’s armament spending increased by nearly 350 per cent, Russia’s by around 250 per cent and Britain’s by around 175 per cent. This shows, that all European Powers were already planning for war time. In 1914, the alliances had a strong military force and were about equal in their weaponry. Secondly, the European Powers all had finished war plans ready to be taken up very quickly. Germany had the Schlieffen Plan, France had Plan 17 and Austria-Hungary had Plan R.These plans included tactical movement and a detailed procedure of how to qu ickly outmaneuver the enemy. Through the existence of the plans, the European powers felt strong because they knew that they were prepared for a quick transition into war. This lowered the barrier for an outbreak of war very much. Through the war plans that were ready and the high military spending the outbreak of war was facilitated very much. Another reason that made war inevitable was the reliance of Austria-Hungary upon Germany. Had Austria-Hungary acted immediately, according to John Keegan, the war could have stayed only in the Balkan regions.Furthermore, according to Keegan, more communication could have prevented the First World War. Had all the European Powers communicated clearly their goals, negotiations and local wars could have been the consequence instead of a massive world war. Austria-Hungary lacked the courage to act independently in the Serbian Crisis. Germany wanted a diplomatic success but was not totally interested in taking part in a World War. Russia did not w ant the outbreak of a world war but did know that their support for Serbia would increase the probability of the outbreak of a world war.France had not yet mobilized but feared that Germany wanted to trigger a World War. Great Britain was reluctant to a war but would not leave France in danger of a German attack. Had all of these aims and thoughts been communicated clearly between the nations, then a war could possibly have been prevented. Through the Russian mobilization and the declaration of war on Serbia by Austria-Hungary with German support, the war was triggered before negotiations and peace talks could have taken place. Overall, war became inevitable after the assassination of Arch Duke Franz Ferdinand for various reasons.Firstly, many European Powers saw the assassination as the chance to get involved in a war to strengthen the own position. Secondly, the alliance system made it very hard to evade a war breaking out. Thirdly, the European powers had already done a lot of pr eparation for the war. This made the outbreak of war easier. Lastly, the lack of communication and negotiation between the European powers took the last chance of a peaceful solution. In my opinion, after the assassination of Arch Duke Franz Ferdinand, the outbreak of World War I became inevitable.

English as an International Language

There are lots of languages in the world and some of them fall into the category of international languages or languages of wider communication, such as French, English, German, Spanish, Russian, Italian and Arabic. All these languages are the official languages of the United Nations. Among all these languages English is rightly considered to be the international language of the world, though English has assumed the function of the ‘world language’ quite recently. It was only in the 1930 that the British Foreign Office stopped using French for all its official memoranda.Nowadays it is estimated that besides 300 millions native speakers, there are 300 millions who use English as the second language and 100 millions use it as a foreign language. It is listed as the official or co-official language of over 45 countries and is spoken extensively in other countries where it has no official status. A very marked rise is evident in the use of English for occupation purposes: En glish is the international language of the air, and failure to use it efficiently can endanger passenger safety.English is the language of banking and industry: many international firms, based in non-English countries conduct their entire operations throughout the world in English. Two thirds of all scientific papers are written in English. Over 70% of all mail is written and addressed in English. Most international tourism is conducted in English. There aren’t any linguistic reasons why English might be the world language, because to anyone learning English it’s neither more simple nor more complex than any other language. English is easy to master to some extent, because it has a simple system of declension.Some linguists divide the use of English into three circles. The inner circle is the traditional base of English and includes countries such as the United Kingdom, Ireland, the USA and former colonies: Australia, New Zealand and some others. English is the native language or mother tongue of most people in these countries. In the outer circle are those countries where English has official or historical importance. This means most of the Commonwealth (the former British Empire), including high-populated countries such as India and Nigeria and others under the American sphere of influence, such as the Philippines.Here English may serve as a language for mutual understanding between ethnic language groups. Higher education, the legislature and judiciary, national commerce and so on may all be carried out predominantly in English. And the expanding circle refers to those countries where English has no official role, but nevertheless is important for certain functions, notably international business. This use of English includes most of the rest of the world. In conclusion I would like to say that the knowledge of the English language nowadays is important for career. It increases your salary by 30%.