Research on the Defence of Diminished Responsibility

Research on the Defence of Diminished Responsibility Research Proposal Provocation, diminished responsibility and the reasonable (wo)man; the implications of the Law Reform Commission’s recommendations. Introduction The crime of murder is one defined by the common law as the intention to unlawfully kill another human being with malice afore thought. Currently, in England and Wales the legal system does not differentiate between different ‘types’ of murder, such as first and second degree.[1] There are however, defences available to defendants, which could enable either an acquittal (some general defences), or a conviction of some lesser offence (specific defences). Under the Homicide Act 1957 an individual can plead the defences of provocation, diminished responsibility or claim that he or she was involved in a suicide pact. If such defences are successful, this will have the result of bringing a charge of murder down to one of manslaughter and thus, termed ‘voluntary manslaughter’. The first of the two defences have developed a considerable amount of case law and many of these decisions have related to abusive relationships where the abused has killed the alleged abuse r. The law relating to the defence of provocation has held that an individual must have been provoked (by either words or actions), resulting in a total loss of self control,[2] and that a reasonable person in the same situation would have acted in the same manner. The first two aspects of the defence have been referred to as the ‘subjective’ elements and the third part as ‘objective’. The so-called objective element has become more and more subjective in nature. In R v Camplin, Lord Diplock acknowledged that the test was not ‘wholly objective’[3] and in the case of R v Smith (Morgan James)[4] it was asserted that the characteristics of the defendant should be attributed to the ‘reasonable person’ and this includes not only characteristics that had bearing on the actual provocation, but also on the ability of an individual to maintain his or her self control. In context of the so-called ‘battered wife’ cases, the judiciary have also applied this principle.[5] The specific defences outlined above are justified on the basis that in some circumstances, the law should recognise that there are reasons as to why an individual should not be convicted of the more serious offence of murder and thus, subject to a mandatory life sentence. The issue with the provocation defence relating to an individual who has suffered long-term abuse, is that such individuals will not always be able to rely on it as there may be some aspect of pre-meditation. The law has also recognised that such individuals suffering from some ‘abnormality of mind’ may not be fully responsible for his or her conduct and therefore should be convicted of manslaughter instead of murder. The effect of abuse on an individual’s mental state can in certain circumstances, amount to an ‘abnormality of mind’ and thus satisfy the defence of diminished responsibility.[6] The purpose of the proposed research is to examine the current state of the law and look at the way in which abused women are dealt with when charged with murder. In line with the Law Commission’s proposals to reform the law of homicide, the research will also examine the extent to which the proposed change in the law will impact on this area. It is submitted that the current state of the law is not adequate in dealing with such individuals and it remains to be answered as to whether the proposals will make any real difference. The Law Commission’s Consultation Paper proposes to maintain the defence of diminished responsibility and comments that there are no grounds for abolishing the defence based upon arguments that it gender discriminatory. The paper comments at one point: â€Å"Was the abnormality of mental functioning really a substantial cause of the defendant’s conduct if other factors were at work? Or, were the other factors, jealousy, anger, a desire to dominate or punish, the real or predominant explanation, with the abnormality of mind being a minor background factor of inadequate moral significance to affect the verdict?†[7] The research will examine the defence of provocation and the so-called objective element in order to determine how this fits with the nature of a long term build up of abuse suffered by some women. Is there a true ‘loss of control’ in such circumstances and is it appropriate to attribute the full characteristics of such people to the reasonable (wo)man? Furthermore, by also enabling such individuals to plead the defence of diminished responsibility, as the above quote would seem to suggest, is the law simply ‘categorising’ these people to as their conduct is not viewed quite as seriously as a person who commits murder? Thus, the term ‘abnormality of mind’ is not one used in psychiatric terminology and the courts have been left to establish exactly what the phrase means on a case-by-case basis. It seems doubtful as to whether this is a sufficient approach for the law to take. Objectives Analyse the current law relating to the defences of provocation and diminished responsibility and establish how these apply to women in long-term abusive relationships. Present the justifications for the defences and apply them in context of the proposed research theme. Establish the proposed reforms in the area. Critically analyse the proposed reforms in line with the research topic in order to determine whether they are sufficient. Value of the Research Add to the current academic debate in this field. Establish the appropriateness of the Law Commission’s reforms. Personal interest to the researcher. Theoretical research based on literature search and critical analysis. Sources: Domestic legislation, cases in domestic and international jurisdictions Books and periodical articles. Law Commission Reports. Statistics from the Home Office (relating to domestic violence/fatal offences from domestic relationships). Preliminary Plan (Chapters) Abstract Introduction and overview of the topic Analysis of the existing law on provocation/diminished responsibility Analysis of the Law Commission’s proposals for reform Conclusion (including any further suggestions for the direction the law should take for the future). Essential Reading: (As well as the most current academic text books on the subject) Legislation: Homicide Act 1957 Family Law Act 1996 – see Part IV relating to domestic violence provisions Protection From Harassment Act 1997 See also the Law Reform’s paper: The Law Commission Consultation Paper No 177, A New Homicide Act For England And Wales? At http://www.lawcom.gov.uk/docs/cp177_web.pdf Cases: Jersey v Holley [2005] UKPC 23 R v Mohammed [2005] EWCA Crim 180 R v Ahluwalia (1992) 4 All.E.R 889 R v Bedder (1954) 2All.E.R. 801 DPP v Camplin (1978) A.C. 705 R v Duffy [1949] 1 All.E.R 932 R v Newell (1980) 71 Cr.App.R. 331 R v Roberts [1990] Crim.L.R 122 R v Thornton (No.2) (1996) 2 All.E.R 1023 R v Richens (1993) 4 All.E.R 877 R v Humphreys (1995) 4 All E.R 1008 R v Morhall (1995) 3 All E.R 659 R v Luc Thiet Thuan (1996) 2 All E.R 1033 R v Smith (Morgan James) (2000) 4 All. E.R. 289 R v Keaveney (2004) LTL 22.04.04 Extempore – unreported – find it on Lawtel Journals: Toczek, ‘The action of the reasonable man’, (1996) N.L.J. 146, 835 Toczek, ‘Self-control and the Reasonable Man’ (2000) NLJ 150, 1222 Oliver, ‘Provocation and non-violent homosexual advances’ (1999) J.Crim.L. 63(6) 586-592 Thomas, ‘Sentencing: manslaughter – manslaughter by reason of provocation – manslaughter of spouse of partner’ (2003) Crim.L.R. June 414-417 Neal Bagaric, ‘Provocation: the ongoing subservience of principle to tradition’, (2003) J.Crim.L 67(3) 237-256 Gardner, ‘The mark of responsibility’ (2003) O.J.L.S 23(2) 157-171 {N.B – Some psychology literature may be relevant on this topic – search the online journals for killing stemming from domestic violence. Further research will also be needed to obtain further literature – search www.ingenta.com and your university library should be able to order any articles of relevance that they do not have on site/access to online journal. Also search for any recent reviews of the Law Commission’s proposals You may also need to add to this proposal and include a timescale and any further information you wish to add – such as the length of the research (this is obviously information not available)} 1 Footnotes [1] However, see the proposals of the Law Reform Commission: [2] See R v Duffy (1949) 1 All.E.R 932 [3] (1978) AC 705 [4] [2000] 4 All. E.R. 289 [5] See R v Keaveney [2004] EWCA Crim 1091 [6] R v Thornton (No.2) [1996] 2 All.E.R 1023 [7] The Law Commission Consultation Paper No 177, A New Homicide Act For England And Wales? At http://www.lawcom.gov.uk/docs/cp177_web.pdf

Government Should Focus Its Budgets More on Environmental Protection Than on Economic Development. Essay

Nowadays, whether government should focus its budget more on environmental protection than on economic development has triggered a heated debate. Some people think that the government should concentrate more on economy. Because they believe that the only way to make people live and enjoy better is developing economic. However, from my own perspective, it’s necessary for government to put more budgets on improving environment. Reasons are as follows. First of all, environment and our life are closely bound up. If the environment is contaminated, we will be infected with several disease and even die. For instance, once I watch news in a website said that a group of students graduated from college in 1982.Thirty of them still stayed in Beijing while others chose to go abroad. Thirty years later, eight people who work and live in Beijing had cancers and finally die because of the contamination such as air pollution and water pollution. But people who live abroad still keep healthy . We can learn from the news that environment is close to our daily life, and sometimes pollution poses a potential hazard to health. It’s widely accepted that people’s life is more important than everything. If most people are ill and die due to inefficient environmental protections, development of economy will seem to be useless. Second, if we don’t attach more importance to environmental protection, there will be various catastrophes which may influence the society and do harm to economic development. Some developing countries are good case in point. To earn more money, they make numerous things which destroy the environment such as cutting down trees, overstocking, over-exploitation, discharging polluted water to the rivers but do not think about consequences. As a result, they suffer from many natural calamities ranging from mud-rock flow, sand storm to earthquake, which surely will influence the rate of economic growth. If they focus its budgets more on en vironmental protection and nip the potential hazard of natural disasters in the bud, maybe these kinds of things will not happen. In a nutshell, compared with developing economic, I think it’s essential to put more budgets on protecting our environment because environment plays an important role in human’s daily life and the development of finance and society.

Racial Prejudice And Racial Discrimination - 1637 Words

When referencing the topic of racism and racial discrimination in today’s society, one of the biggest questions that still remain unanswered is as such: Why does racial discrimination still exist? What factors take place within the human mind that might cause feelings of hatred and bigotry? What can result from an individual using racially discriminating language? From times predating even the most notable case of as much, pre-Civil War United States American slavery, discrimination has existed in many different forms throughout world history. To date, there is much debate still about what drove early colonists from Europe to begin â€Å"harvesting† and using Africans, Aborigines, and various Caribbean island based people of color for the purpose of hard labor and trade. Some feel that the justification for the actions of the Europeans is simply a case of cultural ignorance, tied in with at the time, a lack of understanding and empathy for world cultures. Some feel that Religion may have played a key role in their decisions. In these modern times, we may never know the full answer. Though the times of slavery, legal segregation in the 1950’s, and Jim Crowe Laws are long behind, deep-seated racism, bigotry, and hatred is still a major problem that plagues all levels of culture within the United States. From blue-collar workers, to law enforcement officers, even delving into the upper tiers of the United States government, racial prejudice may be readily found, and quite easily.Show MoreRelatedRacial Prejudice And Racial Discrimination Essay1347 Words   |  6 PagesRacial discrimination is one of many terms used to express the suppression of a race or many races, but more specifically, it refers to the ill-treatment a person or group receives as a result of differences in their race, color, descent, national, ethnic origin or immigrant status. (Australian Human Rights Commission, 2016). Racial discrimination can be perpetrated by individuals within society, and corporate institutions such as schools, the work force and the government, all of which we hav e seenRead MoreRacial Prejudice And Racial Discrimination974 Words   |  4 PagesFor many years prejudice have been dominant throughout American history. Prejudice refers to a negative attitude toward and entire category of people, such as a racial or ethnic minority, while discrimination refers to behaviors directly to an individual and groups because of prejudice or for other arbitrary reason. (Schaefer, 2010) When people hear the word prejudice, they already know it’s a Black in society today. Our main goal is to remember how important it is that prejudice is a problem inRead MoreRacial Prejudice And Racial Discrimination Essay2167 Words   |  9 PagesWhat It Means To Be A Student of Color The discourse regarding racial climate in schools across the nation has changed over time, from one of blatant acts of racism, as the Jim Crow Laws of legalized segregation, to what we consider today as covert racism; racism that is concealed within the fabric of society. The racial slights, stereotypes, and other types discrimination that People of Color experience are what are known today as racial microaggressions. Even though legalized segregation has longRead MoreRacial Prejudice And Racial Discrimination859 Words   |  4 Pageshundred percent accurate. A racial comment would be that African Americans are dangerous coming from the fact that there are more African American in prison that any other demographic. 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Between the ages of 3 and 6, they begin to understand and use stereotypes† (Pappas, â€Å"Young Kids Take Parents’ Word on Prejudice†)Read MoreRacism : Racial Discrimination And Prejudice1556 Words   |  7 Pagesfor everyone to be racist? Eventually, we have to change this cycle we will continue this ignorance. We should never allow reverse racism, this term is used to describe acts of discrimination and prejudice perpetrated by racial minorities or historically oppressed ethical groups against individuals belonging to the racial majority or historically dominant ethical groups, according to Wikiped ia. Apparently, â€Å"reverse racism does not exist and a person who claims otherwise is outing themselvesRead MoreRacial Prejudice And Racial Discrimination During The 1920 S1585 Words   |  7 Pageshistory of segregation and discrimination that has long affected present policy. It is clear that racial minorities have been targets of this racial bias for years, and even after slavery was abolished, African-Americans continued to face the most racism due to the color of their skin. Thus, by looking at how John Franklin’s life experience as a boy scout during the 1920’s illustrates a small peek into the history of race and ethnicity in America, we can see how racial hostility, and the Anglo-SaxonRead More Prejudice and Racial Discrimination in America Essay2564 Words   |  11 Pagespower From African Americans when they most needed it. Even today it is diminished but not vanquished as linguistic and educational challenges combine with disagreements amongst those cal ling for integration to further stall our ability to achieve racial harmony. Hatred is an ancient evil that may yet be conquered through understanding. The place to begin is of course at the beginning, when first the white man came dominate and slander the African man. For our purposes this begins back in theRead MoreRacial Prejudice And Discrimination On Children s Self Esteem1891 Words   |  8 PagesIntroduction Racial prejudice and discrimination can negatively affect children’s self-esteem. In 1954, the Supreme Court of the United States enacted the Brown v. Board of Education to outlaw racial segregation from public schools in order to establish equality among children of different racial and ethnic backgrounds (Zirkel, 2005). However, racial prejudice and discrimination still exist within the educational system where children continue to experience these inequalities (Zirkel, 2005). ClarkRead MoreChristian Prejudice and Racial Discrimination of Marginalized in the Merchant of Venice by William Shakespeare3691 Words   |  15 PagesIn Shakespeare’s The Merchant of Venice, there are quite a few cases in which the non-Christian characters are marginalized and victimized of Christian prejudice and absolute racism. The Christian prejudice and racial discrimination transpires through the use of language and terms of reference. In sixteenth-century Europe, Jews were a despised a nd persecuted minority. England, in fact, went beyond mere persecution and harassment by banning Jews from the country altogether. In theory at least, there

Essay on Stereotypes in media - 1268 Words

â€Å"Bringing Down the House† featuring Steve Martin and Queen Latifah is a clever comedy that creatively showcases the sociolinguistic phenomena covered in this course. The film is about a tax attorney named Peter, played by Martin, who stumbles into an online lawyer chat room and meets Charlene, played by Latifah. The two chat frequently, mostly about court cases, and eventually decide to meet in person. When the day finally comes, Peter is greeted at the door with who he thought would be a middle-aged Caucasian woman, but happened to be Charlene, a black woman who just escaped from prison. Thinking this was a mistake, Peter tries to kick out Charlene but is later convinced she is the one who he was speaking with in the chat room. Charlene†¦show more content†¦In attempt to do so, he uses Sarah’s language that he believes she would be more inclined to listen to. The father’s usage of the modern hip-hop language is an example of generational conflict. Implied by other clips in the movie, we conclude the father’s environment as an attorney requires him to use a more conservative language that has been more or less designated to his generation. This contrasts with the daughters modern and hip-hop language that incorporates many slang terminologies, non-standard English sentences and phrases, and a very relaxed tone. Although we see the father is able to put a couple sentences together, everything from his tone and range clearly show his inexperience to the speech. An example to showcase his failure is when he attempts to say â€Å"an he try da get al’ up in dat.† The father used the same expression but with different pronunciation. Peter says â€Å"and he tried to get all up in that,† which is clearly too formal for this speech and loses the flavor of what makes the language so authentic to the hip-hop generation. Peter and Sarah both speak standard English, but this is another example of how it can vary . Even though the two are family and from the same class, their generation gap influences the variation of English they speak. nbsp;nbsp;nbsp;nbsp;nbsp;In this clip of the film, in attempt to help clear Charlene’s name, the fatherShow MoreRelatedStereotypes And Stereotypes Of The Media997 Words   |  4 Pagesbitch.† said Bette Davis. Stereotype is one of the big issue in our world right now. This quote refers to one of the categories of stereotype that is gender stereotype. As an chinese indonesian I have some experience of being stereotyped just because of my race. The media has 2 side view of media, on the one side it helps people educate about stereotype and on the other side it also promotes stereotype.Stereotype is something that needs to stop, this is because stereotype gives people a misinterpretationRead MoreStereotypes And Stereotypes Of The Media1734 Words   |  7 PagesIn our media-intensive culture, it is not difficult to find different opinions as well as stereotypes. Stereotypes are found in the media every day and affect our opinion as well as how we perceive others. Stereotyp es of the GLBT community in the media are most commonly found in movies or in TV shows but they rarely talk about their sexual identity. When their identity is being portrayed, it is shown with some form of stereotype. The identity of the homosexual seems to stem from a stereotype itself;Read MoreStereotypes And Stereotypes Of The Media2214 Words   |  9 PagesStereotypes are inaccurate depictions of a certain group of people based off a cliche addressed to them by anyone. This natural act which often feeds off of implicit biases that are unconsciously brought about by many aspects from past experiences to the environment you are within. Whether these ideas advertised by the media are used to fuel desires for the â€Å"greater good† or used to instil hate within a community, they have been a part of society for generations. Research and instances throughoutRead MoreStereotypes Of The Media1153 Words   |  5 PagesThe media has a huge influence on young people today it is a huge influence because it is about the stereotypes that they are using and how the use it. They use it to make you think that teens are always bad and doing bad things like partying getting drunk doing drugs etc in this essay I will be writing about the 2 stereo types the first one is going to be the plastics and the other one is jock from glee. Stereotypes are used in films to help change the media and make them think about others differentlyRead MoreStereotypes And Stereotypes Of Western Media1459 Words   |  6 PagesStereotypes have the ability to put a person down. To make them feel as if they do not belong. In this cruel society, there is an image being portrayed of every individual. Ethnicity, race, religion, gender, and many more. This image many not describe who you are as an individual, but it is how you are judged by this barbarous world. As more Chinese people came to America, the more they were stereotyped. They did not have the same advantages and treatment a s the majority. They were lookedRead MoreStereotypes in the Media2436 Words   |  10 Pagesand Ethnicity Professor Herman October 25, 2010 Over the past couple of decades the usage of offensive stereotypes have played a big role in popular films, TV shows, music videos, and comedy routines today. In fact one can only argue that these offensive stereotypes have increased considerably and will only continue to grow. There are many reasons as to why these stereotypes have only increased and have led to the creators of these films making millions and millions of dollars. The mainRead MoreMass Media and Stereotypes710 Words   |  3 Pages Mass media plays an important role of stereotypes in our present-day world, by broadcasting information and entertainment to a variety of audiences. Stereotypes act like codes that give audiences a common understanding of a person or group of people. Media ranges from television, press, books, radio, and the internet. Media propaganda is the other form of media that is described as manipulation. It is a powerful factor that influences our beliefs and attitudes about others. Race, gender, and economicRead MoreGender Stereotypes In The Media1207 Words   |  5 Pages Gender Stereotypes are everywhere in the world. This paper will focus on the formation of Gender stereotypes through different media sources. The media sources that will be used include television shows, movies and magazines. Thus the paper will also explore the effect that gender stereotyping may have on development of a person’s social and individual identity. There were many different media sources that I used to see where Gender Stereotypes were predominant. First of all I reviewed differentRead MoreStereotypes And Perceptions Of The Media Essay1917 Words   |  8 Pages Stereotypes in Media Ta’Kendra Elbert Indiana University  ¥ What is a stereotype that is used in the media? What are the consequences of those stereotypes? Use examples to illustrate your points. Support with research.  The United States is often referred to as a â€Å"melting pot†; a place where people of all races, genders, and colors can live together and have the same opportunities. That sounds good, but it’s not always how things necessarily pan out. There are drawbacks that come fromRead MoreGender Stereotypes In The Media1391 Words   |  6 PagesGender stereotypes are everywhere. Even before we can understand what this means, people are constantly exposed to them through advertisements, toys, clothes, and the media including television shows and movies. To evaluate the prevalence of gender stereotypes in television programs targeted towards young children, I chose to watch four different shows called Phineas and Ferb, Little Einsteins, Horrid Henry, and Sofia the First. When picking what shows to watch, I intentionally selected at least

Socially Gifted Consideration Incorporates Learning

Socially gifted consideration incorporates learning, methodologies, and abilities that help looking after individuals crosswise over distinctive dialects and cultures.1 Culture impacts wellbeing practices as well as how the medicinal services supplier and the patient recognize sickness. Learning is continuously insightful of the society base of those in your administration zone, for example, the imparted conventions and estimations of that gathering. Being mindful of your patients experience basic hereditary components imparted by individuals of the same drop is additionally indispensable. Getting to be socially capable has been portrayed as the capacity of the nursing proficient to give mind inside the social connection of the chose†¦show more content†¦Around 63% are outside conceived, more than 80% of senior Chinese Americans are remote conceived. (Fit Kline, 1999). Fifteen percent of Chinese American senior citizens live in neediness and 47% live alone. (Mcbride, Morio ka-Douglas, Yeo, 1996). Social gathering Chinese American There . Chinese dialect has numerous vernaculars. Mandarin is the authority Chinese dialect, yet numerous Chinese Americans talk Cantonese and different vernaculars. Notwithstanding, people who talk any of the Chinese vernaculars can read the Chinese composed dialect that is not so much attached to the talked dialects. In 1990, 89% of Chinese seniors in US showed that they talked a dialect other than English and 73% demonstrated Rundown of the Article To give socially equipped forethought to Chinese American older folks, it is imperative for nursing suppliers to have foundation learning of: 1) the conventional wellbeing convictions and practices in the Chinese society, and 2) the chronicled encounters that may have affected the current companion of Chinese American seniors Role of Confucianism. Confucianism has assumed a vital part in structuring Chinese character and conduct. Its main role is to accomplish agreement, the most essential social quality. This is accomplished by everybody having overall characterized parts and acting towards others in a fitting manner. It is intriguing that there is no Chinese proportionate

Developmental disorders of renal disease Free Essays

Some of the common developmental kidney disorders include polycystic kidney disease, congenital nephrotic disease, nephroblastoma, renal agenesis, duplication anomalies, fusion anomalies, malrotation, multicystic dysplastic kidney disease, renal dysplasia, renal hypoplasia, etc. Congenital nephrotic disease is an inherited disorder that may present at birth in which the infant has proteins present in the urine (proteinuria) along with swelling of the body (oedema). The condition is rare and is usually found in children born in Finnish families. We will write a custom essay sample on Developmental disorders of renal disease or any similar topic only for you Order Now Children born with the disorder have a protein found in the urine, known as ‘nephrin’. Several substances such as proteins, fats, blood proteins, etc are excreted in the urine. The individuals develops several symptoms including swelling, low birth weight, malnutrion, kidney failure, poor appetite, infections, presence of blood in the urine, poor general health, cloudy appearance of the urine, etc (Charytan, 2006). Nephroblastoma or ‘Wilm’s tumour’ is a condition characterised by the formation of a malignant tumour in the kidney. It commonly occurs in infants and children. Wilm’s tumour is a very frequent tumour that develops in the abdomen in children. The condition is frequently related to other birth defects such as urinary tract abnormalities, enlargement of one half of the body, missing iris, etc. As the condition is more frequent in identical twins, it is considered to have a genetic link. The tumour seldom spreads to the other parts of the body. One in every 200, 000 children develop this disorder. The child may develop several symptoms including abdominal pain and swelling, presence of blood in the urine, fever, loss of appetite, nausea, vomiting, malaise, hypertension, constipation, cloudiness of the urine, etc (Nanda, 2006). Polycystic renal disease (Cystic renal development disorder) is a familial condition in which the affect individuals develop cysts in the kidney. The condition is an autosomal dominant condition and the symptoms less frequently develop in childhood. One in every 1000 develops the symptoms of polycystic renal disease. In childhood, an autosomal recessive version of polycystic renal disease can also develop. The child may develop severe symptoms along with renal failure with a fatal outcome. Lung function insufficiency is another frequent complication that can result in death. The common symptoms of polycystic renal disease include abdominal pain, abdominal swelling, presence of blood in urine, flank pain, excessive passage of urine, drowsiness, hypertension, joint pain and swelling, nail defects, cysts in other portions of the body such as testis, liver and pancreas, colon defects, swelling of the kidneys, bile duct defects, portal hypertension, fibrosis, brain abnormalities, kidney stones, anaemia, frequent urinary tract infections, renal failure, liver failure, rupture and bleeding of the cysts, etc. The child has a positive family history of polycystic renal disorder. The exact manner in which multiple cysts are formed in the kidney is not understood clearly. However, a genetic cause has been outlined. Once the kidney cysts are formed, they tend to swell, resulting in deterioration of the kidney function. The individual develops several symptoms (Silberberg, 2007). Renal agenesis is a condition in which the kidneys fail to develop. It can occur unilaterally as well as bilaterally. In the bilateral form, several other conditions such as pulmonary hypoplasia, oligohydramnios, facial defects, limb abnormalities, etc, occur resulting in fatal outcomes. In the unilateral form, the individual develops trigone and ureteral orifice defects, absence of the ureter, etc. This form is less severe compared to the bilateral version. The individual can survive provided the kidney function is managed appropriately (Merck, 2005). Duplication anomalies are conditions in which the individual develops extra collecting systems. This may affect one kidney or both, and may involve the ureter, calyx, ureteral orifice and the renal pelvis. These conditions have to be treated very carefully depending on the extent to which function is affected (Merck, 2005). Fusion anomalies are conditions in which the kidneys are united to one another. However, the ureters are separate and enter the bladder on either side. Several conditions such as vesicoureteral reflux, congenital renal cystic dysplasia, etc, tend to occur more frequently with fusion anomalies. A condition known as ‘horseshoe kidneys’ is characterised by the fusion of the renal parenchyma bilaterally. It is one of the most common kidney fusion abnormalities. The ureters tend to function normally. Sometimes the point at which the renal pelvis is united to the ureter is abnormal resulting in urinary obstruction. The second most common kidney union anomaly is ‘crossed fused renal ectopia’ in which the kidneys are present on one of the body, and the ureter crosses the midline of the body and empties into the bladder of the either side. Pancake kidney or ‘fused pelvic kidney’ is a condition in which the kidney is single or fused and is emptied into 2 ureters and collecting systems (Merck, 2005). In multicystic dysplastic kidney, the kidneys consist of multiple cysts, cartilage, primitive tubules, and multiple cysts. The individual develops several symptoms such as infection, swelling, hypertension, etc. Renal dysplasia is a condition in which the renal tubules, vasculature, collecting tubules, etc, develop abnormally, resulting in distortion of the normal kidney function. In renal ectopia, the kidneys are not placed in their exact anatomical position resulting in several problems such as obstruction. Renal hypoplasia is a condition in which the ureteral bud gives rise to an underdeveloped and small kidney. However, the size of the nephrons is normal. The individual can develop hypertension (Merck, 2005). Ureterocele is a condition in which the ureter is enlarged at the point it is inserted into the bladder. At this point, the flow of urine into the bladder is seriously affected resulting in obstruction and hydronephrosis. In neurogenic bladder, due to a defect in the spine at the lumbosacral region, the nerves that supply the bladder are affected resulting in improper drainage of the bladder. The individual is at a risk of developing several problems such vesicureteral reflux, infection, renal hypertension, scarring, renal failure, etc. Hydronephrosis is a condition in which the ureter and the collecting system are dilated (Conley, 2007). References: Charytan, D. M. (2006). â€Å"Congenital nephrotic syndrome.† Retrieved on January 26, 2008, from Medline Plus Web site: http://wwwils.nlm.nih.gov/medlineplus/ency/article/001576.htm Conley, S. B. (2007). â€Å"Congenital kidney diseases.† Retrieved on January 26, 2008, from Alberta University Web site: http://cnserver0.nkf.med.ualberta.ca/nephkids/congdiseases.htm Merck (2005). â€Å"Renal Anomalies.† Retrieved on January 26, 2008, from Merck Web site: http://www.merck.com/mmpe/sec19/ch290/ch290b.html Nanda, R. (2006). â€Å"Wilms tumor.† Retrieved on January 26, 2008, from Medline Plus Web site: http://wwwils.nlm.nih.gov/medlineplus/ency/article/001575.htm Silberberg, C. (2007). â€Å"Polycystic kidney disease.† Retrieved on January 26, 2008, from   Medline Plus Web site: http://wwwils.nlm.nih.gov/medlineplus/ency/article/000502.htm How to cite Developmental disorders of renal disease, Papers

Employment Relations in France & Denmark-Free-Samples for Students

Question: Compare and contrast the role that the state plays in the system of employment relations in France with the role that the state plays in the system of employment relations in Denmark. Answer: Recently, many researchers have committed themselves to investigating and looking for a detailed conclusion on how various nations coordinate with the public service boards in recruitment and maintenance of employees. This provides clear evidence that the public service labor relations are an important body which is highly recognized than any other sector in most of the states (Milner, 2012). It is also evident that employees do not possess equal bargaining powers for their rights and thus they are always limited to carry industrial actions such as strikes than the private sector workers (Bryson, 2011). Regardless of less or more collective bargaining power possession of rights, employees who work in the same field of specification team up and form trade unions which fight for their exploited rights whenever such case occurs. This trade union spirit is mostly found with the public servants as compared to those who work in the private sector (Wagner Refslund, 2016. The primary reason why civil servants form these trade unions is the fact that they believe that they have always remained marginalized and instead of the government handling them as influential people, they neglect them hoping to find the assigned duties performed excellently. What the government expects most from the public servants is total cooperation and maximum commitment regardless of how they treat them and also their remuneration. This is a belief of many of the civil servants in most of the countries. Public service employment conditions of the public sector are always very different compared to those of the industry, and that's why civil servants have the highest probability and always prone to industrial actions such as strikes and public demonstrations through their trade unions (Damesin, 2009). Denmark is better off when compared to France in terms of employees protection Act. The industrial relations are more favorable at Denmark that in France Authority relationship between the government and the civil servants is practiced in most of the countries, France being one of the highly dominated countries by this kind of relationship Laroche (2016). The public civil service system is governed and operated under four civil service laws. The combination of these services forms a civil service statute. The rights and responsibilities of the workers are contained in this law. The statute also gives the three fundamental laws which govern the workers in their day to day activities while working for the government (Due Madsen, 2008). The law which rules the rights of the public state employees (la Fonction Publique de Letat), those employees located in regional or local government basements (la Fonction Publique territoriale) and those civil servants who work in the hospitals, specifically the nursing staff (la function public hospitaliere) (Mainland 2010). In the case of Denmark, it has been an opinion for all that the level of collective bargaining power of the public employees is very high. This was estimated to be about 90% of the total coverage by the Danish ministry of Labor. Just like in France, trade union is also highly practiced in Denmark with the public servants claiming to be neglected by the government, more so when it comes to remuneration (Laroche, 2016. According to studies carried out by different statisticians, it is evident that 52% of the servants under private sector have been covered by the collective bargaining agreement which is entirely different case to that of France since a minimal number of private workers has been included in the accord (Scheuer, Steen, Collective Bargaining Coverage and the Status Divide: Denmark, Norway and the United Kingdom Compared). Initially, there was no private worker involved. They believe that the low-level of bargaining power is brought about by the poor or weak organizational structure of the staff and they have discouraged it Ibsen (2016). In France, the civil service board is the determinant factor and also the most powerful organ in the sector of employment, salaries, and remuneration of various workers. It offers decrees which should be adhered to by the employees. The central principle of the French state recruitment and employment panel is that all the public staff members in whichever field have a civil service status Milner (2012).It is the obligation of the state to determine and set the various salaries for their workers such that if the employees may not feel comfortable with the amount, the best option is to quit and not comprise or negotiate with the government agencies. This has been among the leading drivers leading to the formation of different trade unions which fight for the rights and needs of the neglected (Rosemain, 2013). Civil service board in Denmark is very highly recognized, just like in France but not because of its stubbornness and ability to stress or exploit the workers but it's because it is made to fight for the rights of the employers. Employees are treated like human beings and with a lot of sympathies and for this reason, there is no enmity or grudge between the private sector worker, public servants and the government (Milner Mathers, 2013). This is evidenced by the inclusion of about 52% of the private employees in the collective bargaining agreement which is not the case in France where the public servants believe that they have been neglected and all the credits directed to the private workers. All the relations governing labor in France are organized under a very highly institutionalized system. The system is composed of different commissions which join through an unofficial a collective bargaining system influenced much by politics and which the salaries and remunerated system is always a subject of negotiation. Through the trade unions, the government loosened their stand to allow salary negotiations to allow smooth running and a better relationship with the workers. This was agreed as early as from 1968 through an agreement called the protocol Oudinot between the government and the trade unions. Currently in France now there is no any particular arrangement of salaries and remuneration except that of 1968, so it is a bit difficult to conduct another agreement under whichever scope Thomas (2016). In Denmark, it is the responsibility of the government in collaboration with the workers to come up with the governing relations which cater and recognize the welfare of every party. Salaries are distributed according to the task done by the employee and not as per the government setting and wishes. There is the existence of joint commissions which work under formal conditions with a lot of transparency targeting to encourage their employees, retaining them as well as welcoming the new entrants in the industry. One thing in common between the Denmark and French employment systems is that under whichever circumstances, salaries and remuneration of employees is a subject to negotiation though it doesnt mean that what the trade unions fight for is always given to them. When it comes to the issue of flexibility and level of employment protection, the France government is characterized by high level of job creation and protection as compared to the different case of Denmark where the security level of employees is low Hansen (2013). In the event of workers compensation in the event of injury or death at the workplace or while on duty, France is marked with low level and neglect of employment compensation which is not the case in Denmark where we have a very high level of set-off. Another thing is that in terms of the consequences in relation to various types of flexibility and creation of different job opportunities, Denmark takes the lead with a noticeable high level of numerical flexibility and also having a very high level of job creation which is entirely the opposite of the case in France where the numerical flexibility is very low as well as the job creation level. Flexicurity on both macro and micro level is also a comparison element when it comes to the roles played by these governments in the employment of workers. It is well known that the labor markets don't constitute of only one employee or employer, but they represent more than individual staff and employers respectively. This is only evidenced in the case of Denmark as opposed to other nations (Watson, 2017. The overall systems of the national industrial relations are acted upon by the trade unions, associations of employers and some of the governmental agencies as well which is not the case in France. Trade union density at Denmark is at 74 percent while that at France is only 10 percent. It is evident that the overall organizational characteristics when compared to these two nations, everything is different. In the case where Denmark apply the Ghent system as an unemployment benefits system about trade unions, nothing like that appears in the French system of unemployment. The other major difference is that of the fundamental orientation in labor market regulation was for the Denmark nation it is based on collective agreements which are not the case in France where they base it on legislative matters. Among the characteristics with relationship to the Danish system of enterprise work, is the existence of unions which fight for the rights of the marginalized and in one way or another they have been able to conquer many battles and remain the epitome of success in their endeavors (Burroni Keune, 2011). As much as the rights of the workers are concerned, the trade unions in collaboration with the employee's welfare associations join hands in defending their rights. This is a different case in France since each association and trade union works independently though they are all geared towards achieving a similar goal (Rose Pineau, 2016. In Denmark, the major players in the industrial relations system are the labor market parties, but in France, the main actors and decision makers, as well as the key contributor in the whole sector, is the government. This means that the French government has the final say on matters concerning the workers' salaries and remunerations. The planning system in France is highly formal, and thus the managerial systems of work, authority, and power are very easy to find in the system. This is not the case in Denmark as the whole planning process seems to be less formal because all the stakeholders must be involved in commending and making decisions in every single step taken in the progress of the workers. Instead of following the simpler procedures applied by the French, Danish work is ruled by a various robust code of conducts which are enhanced and acquired during training sessions of the employees and also during the apprenticeships (Trampusch, 2010). Skilled workers in Denmark also have an excellent and significant view of the unions as they see them as the stewards for their survival as well as the fighters of their rights as opposed to the French employees who argue that the trade unions in collaboration with the government work towards exploiting them by giving a lot of work for little pay. In the management of both micro and small enterprises sectors, the employment by the government in the case of Denmark has these standards and codes being a craft- based and not firm-based (Auer, 2010. This is an indicator that the firm has little or other insufficient rights in employment and remuneration of workers. This is a fully pledged duty of the government, but still, there must be various consultations with the employees and the firm management because the way of ruling and execution of functions is informal (Adler-Nissen, 2012). Here the information flows easier from one department to another since transparency is exercise and every party is free to ask questions for various clarifications. On the other hand, the management standards of micro and small enterprises in France are a firm based where the firm will perform its duties independently after which the laws under the government may approve or disapprove the decisions (Wagner Refslund, 2016. To some extent, we can con clude that the rights of the workers in both Denmark and France are somehow limited although in Denmark they are a bit simpler than those of the French employees. In Denmark still, the larger firms are accredited with higher collective bargaining agreements as opposed to small enterprises. According to the way of ruling and recognition, the Danish mostly emphasize the size of the business before distribution of the bargaining power. This just means that SMEs have very little collective bargaining agreement powers as compared to larger firms (Damesin Denis, 2005). Contrary in the French nation, there are no boundaries or any jurisdiction in the rights and bargaining powers of the employees, may it be from the small enterprises or the larger firms (Bryson, Forth, Laroche, 2011. All the staff are taken as equal and in possession of very little rights. No matter the size or the sector a firm is in, for the French government and remuneration department these are just but equal regarding employee treatment. In conclusion, it is evident that the system of the workplace representation applied in whichever institution is of great importance and led to either success or failure of the entire enterprise. Employees are the most important people in every organization and they should be treated with a lot of respect and should not be exploited in whichever way. In Denmark there has been a tradition of the trade unions representing the rights of the workers to the government and this has helped the employees improve in their standards due to this kind of unity as opposed to the French system where even after they form organizations to fight for their rights, they still feel neglected as the government doesn't give them time to express their needs. 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