How The Courts Have Developed The Law In Relation To Claims For Psychiatric Harm By Secondary Victims - Free Essay Example

Sample details Pages: 12 Words: 3630 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Critical essay Level High school Did you like this example? Date authored: 12 th August, 2014. Introduction There has been judicial comment in Australia that in relation to claims for psychiatric harm, the law has progressed haphazardly or pragmatically rather than logically or scientifically: [1] â€Å"The ways in which the law of liability for nervous shock has been developed by courts in England and here, and extended to new situations, have been empirical, with results and limitations that appear as pragmatically rather than as logical applications of principle.† The development of the common law in Australia in relation to secondary victims, particularly under the law of negligence, has seen a gradual liberalising or expansion of the categories for recovery in recent years, most notably in the High Court decisions of Tame and Annetts Don’t waste time! Our writers will create an original "How The Courts Have Developed The Law In Relation To Claims For Psychiatric Harm By Secondary Victims" essay for you Create order [2] and Gifford [3] . This has, to some extent, been in response to a traditional reluctance by the Courts to allow secondary victims to recover for mental due to a perceived flood of imaginary claims. [4] The view used to be held that ‘nervous shock without physical symptoms was not compensable at law, but it has long been recognised that mental harm has the same status in torts law as physical harm. [5] A secondary victim is understood in this context to mean a person who suffers a ‘recognisable psychiatric injury, [6] typically as a consequence of perceiving injury to another, but not necessarily at the impact scene or its aftermath. The fear of an avalanche or flood of mental harm cases led to policy restrictions or control mechanisms being imposed, including that the secondary victim must suffer ‘sudden shock, be a witness to the accident scene or its aftermath, or be in a relationship having close ties of love and affection with the primary victim. The view that that the conditions for recovery have been unduly restrictive and led to arbitrary decisions seems to have been exacerbated by a lack of predictability in the common law applying said control mechanisms, as well as by a lack of uniformity on the part of the State and Territory legislatures in responding to the ‘insurance crisis of 2002, which sparked fears that the law was moving too fast to award damages to new classes of plaintiff. [7] The foregoing matters will be discussed under the following headings: 1. Requirement of Sudden Shock 2. Requirement of Proximity 3. Requirement of Relationship 4. Foreseeability – Person of ‘Normal Fortitude 5. Statutory Restrictions Conclusion. 1. Requirement of Sudden Shock The first control mechanism restricting recovery for both primary and secondary victims is the requirement that there can be no liability in the absence of a sudden shock to the nervous system. [8] The limitation can be traced back to Brennan Js interpretation of the case law in Jaensch v Coffey [9] and has been applied in numerous subsequent decisions. [10] However, there are exceptions to the general principle such as the ‘work stress cases [11] and ‘fear for the future cases. [12] The shock must in reality be a psychiatric illness of a lasting and clinical nature. It is clear that from the 1970s judges have required plaintiffs to be suffering a ‘recgonisable psychiatric illness†, [13] (although McHugh and Callinan JJ in retain the use of â€Å"nervous shock† in Tame and Gifford [14] ), in order for the harm to be compensable. Medical consensus suggests that lasting damage does not occur in ‘normal i ndividuals. [15] It is therefore inappropriate to insist that an immediate reaction such as a sudden sensory perception be a prerequisite to recovery. This was the conclusion reached by a majority of the High Court in Tame. [16] However, the sudden shock rule remains relevant as a factor in determining whether psychiatric injury was reasonably foreseeable, as subsequently confirmed by the Civil Liability Acts. [17] The sudden shock rule is perhaps a striking example of the pragmatic and unscientific development of the common law. It is possible that this principle may yet operate to deny recovery or at least will operate unpredictably, turning upon the particular facts and evidence of each case. 2. Requirement of Proximity The common law has, however, gradually relaxed the restriction that, in order to recover, the plaintiff be present at the impact scene. [18] That process began in 1925 with Hambrook v Stokes in which a mother recovered for shock she suffered from fear for her own and her childrens safety from a runaway lorry. [19] The requirement that the plaintiff had to be present at the scene and witness the accident was gradually extended to witnessing the aftermath at the scene, extended to witnessing the aftermath at hospital during the immediate post-accident treatment. [20] The High Court suggested in Jeansch [21] that absence by the relative from the accident scene might not be a bar to recovery. In Annetts, [22] the Court finally removed the direct perception requirement as a bar to recovery. The aftermath requirement would always be a limitation in borderline cases, penalising family and friends who are too affected by shock and grief to go to the scene o r a bar where there is no aftermath or no scene to perceive (as in Annetts, in which the body was not discovered at the time of the shocking event). [23] However, the gradual innovation of the common law has been complicated by the legislative response to the insurance crisis of 2002. The Civil Liability Acts (and variants) were legislated in each jurisdiction as a response to perceptions that the common law was moving too fast to allow new classes of plaintiffs to recover, including secondary victims. [24] Earlier legislation [25] provided that family members (other than parents, spouse and close family) were required to be within sight or hearing of the accident in order to recover. [26] Under the common law, that requirement was effectively removed as a condition for recovery by the High Court in Annetts and Gifford. At the time of the Gifford decision the Civil Liability Act 2002 took effect which excludes compensatory recovery for a person who is n ot a witness at the scene nor a à §lose family member. [27] Yet similar provisions of other States do permit recovery for a plaintiff who witnessed the immediate aftermath [28] , or who was ‘present at the scene. [29] The civil liability provisions differ across jurisdictions creating disunity and much less predictability across Australia for secondary victims who suffer mental harm. 3. Requirement of Relationship Another limiting factor is that the plaintiff must have a close tie of relationship or care with the primary victim. Relationship is likely to lead to a conclusion in which there was foreseeability (which appears to be the predominant view in the UK authorities). [30] However, it is just as foreseeable that a harm could be suffered by those unrelated to the primary victim. Thus in Australia, Deane J in Jaensch was of the view that close ties of love and affection should override the direct perception limitation on reasonable foreseeability. [31] It is clear from Gifford that the absence of a pre-existing relationship is not a bar to recovery. [32] Involuntary participants is another category in which the shock stems from an apprehension that the plaintiff is the involuntary cause of injury to another. [33] Legislative reforms introduced as a result of the insurance crisis of 2002 has complicated the picture. For example, the Civil Liability Act 2002 (NSW) restricts the class of plaintiffs to a â€Å"close member of the family† (parent, spouse, partner, child, stepchild, brother, sister, half-brother, half-sister, step-brother/sister) [34] , in contrast with earlier legislation which said that the defendants liability extended to those cases, and also to â€Å"any other member of the family† who saw or heard the plaintiff injured or put in peril. [35] Yet, somewhat haphazardly, the categories of potential claimants differ across jurisdictions. In Victoria, for example, the plaintiff must be or have been in â€Å"a close relationship with the victim†. [36] Yet â€Å"close relationship† is not defined, leaving it open for the courts to interpret the categories more expansively beyond family relationships to perhaps those with â€Å"close ties of love and affection† [37] as giving rise to a duty of care. 4. Foreseeability – Person of ‘Normal Fortitude The doctrine that the shock must have been foreseeable to a person of normal fortitude acts as a control mechanism against unduly burdening human activity by indiscriminate claims of exposing others to the risk of mental harm. Such claims could interfere with otherwise tolerable conduct, such as making a loud noise which could cause a person peculiarly vulnerable to suffer shock. [38] Yet the onus of proving a special vulnerability lies on the defendant [39] who takes the victim as they are found. [40] However, the normal fortitude test has been criticised as unscientific and impracticable to apply, as it depends upon arbitrary judge-made distinctions as to what is ‘normal along a ‘slippery slope of psychiatric abnormality. [41] Yet under negligence law the foreseeability test is necessarily concerned with a balancing exercise by the Courts to assess whether a reasonable person would recognise an act or omission as posing an unreasonable risk of harm to a normal person [42] . The Courts do not insist upon foreseeing the specific kind of psychiatric damage, rather, if compensable mental harm is foreseeable, the predisposition is necessarily included. [43] Thus the High Court in Tame clarified the fortitude principle by establishing that the test is merely one consideration within reasonable foreseeability. [44] Whilst that consideration did not alter the outcome in Tame, it seems a sensible solution to a complex problem. 5. Statutory Restrictions However, statutory law has returned to the old test in respect of ordinary fortitude. At the time of the Tame decision in 2002 there was a nationwide concern as to the way in which the law of negligence was operating in personal injury cases, with the effect of driving up insurance premiums and making it difficult to obtain liability cover (eg. in the practice of medicine). The Commonwealth Government appointed a panel to review the law of negligence and the resultant report recommended greater restrictions to recovery in some areas. In the area of foreseeability of mental harm to primary and secondary victims the panel urged that: â€Å"a person (the defendant does not owe another (the plaintiff) a duty to take care not to cause the plaintiff pure mental harm unless the defendant ought to have foreseen that a person of normal fortitude might, in the circumstances, suffer a recognised psychiatric illness if reasonable care was not taken.† [45] Civil liabilit y legislation in six Australian jurisdictions subsequently adopted a general principle which closely resembled this formulation. [46] The principle that if the defendant knows or ought to know that the plaintiff is a person of less than normal fortitude is specifically preserved. However, the re-formulation by eh High Court in Tame is pointedly ignored. The change in the law effected is to limit the principle that where a plaintiff suffers personal injury, there can be recovery for all consequential harm, physical or mental. That limitation had not previously been imposed by the common law and is viewed as a way of reducing the size of damages awards. [47] The result of these legislative reforms in response to the insurance crisis is that Australian personal injury law restricts recovery to claimants previously classified by the common law as deserving in a range of situations, but in a way which is far from consistent across jurisdictions. Conclusion In many ways, the common law has developed incrementally in the area of psychiatric harm by showing innovation. For example, in Tame and Gifford in removing the proximity requirement and focussing more on the relationship between primary and secondary victim as the touchstone for reasonable foreseeability. In that sense, the common law has come a long way since the Coultas decision in recognising the particularly devastating nature of psychiatric injury. However, such developments are coloured by the response of the legislatures to the insurance crisis of 2002. The Civil Liability Acts across the Australian jurisdictions are characterised by a lack of consistency and uniformity in approach, and in some cases went beyond the recommendations of the panel Report. For example, seemingly outdated legal rules such as the ‘sudden shock requirement persist, and a person unrelated to the plaintiff present at the aftermath may be permitted to recover damages for psychiatric harm in Tasmania, but not in New South wales. This disunited and unsatisfactory state of Australian law will await a legislative solution in the future, and will continue to pose challenges for the Courts as they proceed â€Å"step by cautious step† to develop the foregoing policy considerations in ways which will deliver appropriate and just outcomes for deserving secondary victims. Bibliography Butler, D. A ‘Kind of Damage: Removing the ‘Shock from ‘Nervous Shock. Torts Law Journal, 5, 255-275. Butler, D., Identifying the Compensable Damage in â€Å"Nervous Shock† Cases. Torts Law Journal, 5, 67 – 87. Butler, D. 2002. Employer liability for Workplace Trauma. Aldershot, UK. Ashgate. Dietrich, J. 2003. Nervous Shock: Tame v NSW; Annetts v Australian Stations. Torts Law Journal, 11, 1-9. Foster, N. 2004.Psychiatric Injury Following Workplace Trauma or Death: Actions by Fellow Workers and Relatives in New South Wales. Tort Law Rev iew, 12, p. 59. Handford, P. (2006) Mullany and Handfords Tort Liability for Psychiatric Damage. Sydney. Lawbook Co. Handford, P. 2012. Wilkinson v Downton: Pathways to the Future? Tort Law Review. 20(1) 145-162. Hilson, C. 1998. Nervous Shock and the Categorisation of Victims. Tort Law Review, 6, 37-55. Luntz and Hambly 2006. Torts: Cases and Commentary. Chatswood. LexisNexis Butterworths. Mendelson, D. 1998. The Interfaces of Medicine and Law: The History of the Liability for negligently caused Psychiatric Injury (Nervous Shock). Aldershot. Ashgate. Mendelson, D. (2010). The New Law of Tort. South Melbourne. Oxford University Press. Sappideen, C. and Vines, P. 2011. Flemings The Law of Torts. Sydney. Lawbook Co. Teff, H. 1996. The Requirement of ‘Sudden Shock in Liability for Negligently Inflicted Psychiatric Damage. Tort Law Review, 4, 44-61. [1] Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383 at 407per Windeyer J. Cf. UK Law Commission, Liability for Psychiatric Illness, Law Com No 249, 1998, cited by Luntz and Hambly (2006 p. 536 at [7.11.4]). [2] Tame v New South Wales (2002) 211 CLR 317. [3] Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269. [4] Victorian Railways v Coultas (1888) 13 App Cas 222 at 226. Cf. under the intentional infliction of mental harm, the interest protected is that of the legal right of the plaintiff to personal safety, that is, the right to mental or emotional tranquillity and bodily dignity: Wilkinson v Downton (1897) 2 QB 57 at 59 per Wright J; Bunyan v Jordan (1937) 57 CLR 1 at 10-11 per Latham CJ; Dulieu White [1901] 2 KB 669 at 683 per Phillimore J; Purdy v Woznesensky [1937] 2 WWR 116 at 120; Magnusson (1994) pp. 166, 169. [5] See for example the various statutes of limitation, eg. Limitation Act 1969 (NSW) s 11(1); Limitation Actions Act 1985 (ACT) s 81(1); Limitation Act 1981 (NT) s 4(1); Limitation of Actions Act 1974 (Qld) s 5(1); Limitation of Actions Act 1936 (SA) s 36(2); Limitation Act 1974 (Tas) s 5(5); Limitation of Actions Act 1958 (Vic) s 3(1). Cf. Limitation Act 1980 (UK) s 38(1). For the medical background see Handford (2006: pp. 53-73). [6] Tame v New South Wales (2002) 211 CLR 317 per Gleeson CJ at 329, 338; per Gaudron J at 339; per Gummow Kirby JJ at 292, 302; Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 per McHugh J at 291; per Gummow Kirby JJ at 292, 302; Butler (1997); [7] Civil Liability Act 2002 (NSW) s 32; Civil Law (Wrongs) Act 2002 (ACT) s 34; Civil Liability Act 1936 (SA) s 33; Civil Liability Act 2002 (TAS) s 34; Wrongs Act 1958 (Vic) s 72; Civil Liability Act 2002 (WA) s 5S. [8] Butler (1997). [9] Jaensch v Coffey (1984) 155 CLR 549 at 565. [10] Chiaver ini v Hockey (1993) Aust Torts Rep 81-223; Reeve v Brisbane CC [1995] 2 Qd R 661; Pham v Lawson (1997) 68 SASR 124 (FC). Note that the UK has retained the sudden shock requirement: Alcock v Chief Constable [1992] 1 AC 310. [11] That is, where an employee claims against the employer for damages for psychiatric injury caused by work stress, see: Handford (2006, Chapter 22, pp. 539-571); Butler (2002) pp. 103-124.. [12] That is, where the plaintiff claims to have suffered psychiatric injury through fear of what will happen in the future, such as the possibility of exposure to a deadly disease, see: APQ v Commonwealth Serum Laboratories Ltd [1999] 3 VR 633; Handford (2006 Chapter 27, pp 645-671). [13] Handford (2006) p. 30 and cases cited at [2.20]. [14] Tame v NSW (2002) 211 CLR 317 at 348, 427; Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269; cf. White v Chief Constable of South Yorkshire Police [1999] 2 AC 455. [15] Teff (1996, pp. 54-55). [16] Tame v NSW (2002) 211 CLR 317 at 333; 344; 389-90; 410. See also: New South Wales v Napier [2002] NSWCA 402 at [67] per Mason P; Wicks v SRA (2010) 241 CLR 60 at 72 – the ‘shocking event is a relevant consideration but a necessary pre-requisite of recognising a duty of care (two police officers who rescued injured persons at scene of a horrific railway accident were denied recovery by the NSW Court of Appeal because they did not witness victims being killed, injured or put in peril). [17] Civil Liability Act 2002 (NSW) s 32; Civil Law (Wrongs) Act 2002 (ACT) s 34; Civil Liability Act 1936 (SA) s 33; Civil Liability Act Act 2002 (Tas) s 34; Wrongs Act 1958 (Vic) s 72; Civil Liability Act 2002 (WA) s 55. [18] Williams v Ocean Coal [1907] 2 KB 422 (CA); Bourhill v Young [1943] AC 92. [19] Hambrook v Stokes [1925] 1 KB 141. [20] Jaensch v Cof fey (1984) 155 CLR 549. Cf. Alcock v Chief Constable [1992] 1 AC 310; cf. Galli-Atkinson v Seghal [2003] Lloyds Rep Med 285 the House of Lords upheld restrictions on being told or reading about the accident afterwards or hearing about it simultaneously on radio, barring recovery for relatives of spectators crushed in a football stadium disaster, on the basis that they were not at the scene or at the hospital within an hour or so. [21] Jaensch v Coffey (1984) 155 CLR 549 at 555, 608-609 per Gibbs CJ, Deane J. [22] Annetts v Australian Stations; Tame v NSW (2002) 211 CLR 317 (the Court held that parents who were telephoned in Sydney and told of the disappearance of their son, a sixteen year old jackaroo working in remote Western Australia, were owed a duty of care even though they never visited the accident scene, where his body was not discovered for four months). [23] See Handford (2006 p. 238 and cases cited at [8.340]). [24] See the account by Handford (2006 pp. 427-432). [25] The Law Reform (Miscellaneous Provisions) Act (NSW) s 4(1), for example, provided that whilst a parent, husband or wife of the plaintiff did not need to be at the scene or its aftermath to recover (a position more progressive than the common law, which nonetheless extended the boundaries of liability over the years, prior to Tame v New South wales (2002) 211 CLR 317, see for example: Quayle v NSW (1995) Aust Torts Rep 81-367 (mother told of sons death in custody allowed to recover both under statute and common law); see also mothers claim for shock related injury in X and Y (by her Tutor X) v Pal (1991) 23 NSWLR 26). Note, however, that despite the repeal of the Law Reform (Miscellaneous Provisions) Act (NSW) s 4, that provision still has some effect in workplace claims due to the complex interaction of the 1944 Act, the Civil Liability Act 2002 and the Workers Compensation Act 1987 (NSW), for discu ssion see: Foster (2004). [26] Cases in which childrens claims under the statutes were ruled out on this ground include:Coates v Government Insurance Office of New South wales (1995) 36 NSWLR 1 (children told of fathers death in road accident); Knight v Pedersen [1999] NSWCA 333; Gifford v Strang Patrick Stevedoring Pty Ltd (2001) 51 NSWLR 606, on appeal (2003) 214 CLR 269. [27] Civil Liability Act 2002 (NSW) s 30. [28] Civil Liability Act 2002 (Tas) s 32. [29] Civil Liability Act 1936 (SA) s 53(1). [30] Owens v Liverpool Corp [1939] 1 KB 394; cf. Storm v Geeves [1965] Tas SR 252; Alcock v Chief Constable [1992] 1 AC 310. [31] Jaensch v Coffey (1984) 155 CLR 549 at 608-609 per Deane J. [32] Gifford v Strang Patrick Stevedoring (2003) 214 CLR 269. Note that In Tame the fact that the mother of the victim had contacted the tortfeasor to ensure that her son would be looked after was a factor significant in recognising the duty of care. Compare cases of intentionally inflicted mental harm in which persons closely connected with the victim or witnesses to the attack are entitled to recover: Battista v Cooper (1976) 14 SASR 225; Purdy v Woznesensky [1973 2 WWR 116; Beilitski v Obadiak (1922) 65 DLR 627; cf. Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666 at 681. [33] Dooley v Cammell Laird [1951] 1 Lloyds Rep 271 (crane driver suffered shock when he saw his load fall into a ships hold where he knew fellow workers to be unloading); Alcock v Chief Constable [1992] 1 AC 310 at 408. The common law also recognises other categories of case (eg. rescuers: see Handford (2006), Chapter 19; employees susceptible to psychiatric illness: Moricz v Grundel Boilermaking Engineering Works [1963] SASR 112; Corporation of the City of Woodville v Balassone [1968] SASR 147; cf. Donjerkovic v Adelaide Steamship Industries Pty Ltd (1980) 24 SASR 347) not dependent on there being a family relationship. However, those plaintiffs tend to be classified as primary victims with possibly greater restrictions on recovery. [34] Civil Liability Act 2002 (NSW) s 30. Contrast: Civil Law (Wrongs) Act 2002 (ACT) s 36(1). [35] Law Reform (Miscellaneous Provisions) Act 1944 (NSW) s 4(1). [36] Wrongs Act 1958 (Vic) s 73. [37] Alcock v Chief Constable [1992] 1 AC 310. [38] Bourhillv Young [1943] AC 92; Bunyan v Jordan (1937) 57 CLR 1. [39] Mount Isa Mines Mines Ltd v Pusey (1970) 125 CLR 383 at 405-406; Benson v Lee [1972] VR 879 at 881; Gannon v Gray [1973] Qd R 411 at 414; Jaensch v Coffey (1984) 155 CLR 549 at 556; Petrie v Dowling [1992] 1 Qd R 284 at 287; Skea v NRMA Insurance Ltd [2005] ACTCA 9. [40] The victim as found may include the plaintiffs cultural context: See Kavanagh v Akhtar (1998) 45 NSWLR 588; Handford (2006 p. 328 at [1 1.290] and cases cited therein). [41] Sappideen Vines (2011 p. 182). [42] Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47-48.Jaensch v Coffet (1984) 155 CLR 549 at 556, 609-610, 613. Compare cases of intentionally inflicted mental harm in which the range of foreseeability is greater as the intended consequences must be likely: Bunyan v Jordan (1937) 57 CLR 1 at 10 per Latham CJ; Battista v Cooper (1976) 14 SASR 225 at 229-230. As such the intentional tortfeasor deserves lesser leniency from the court, and later High Court decisions have recognised that intention includes recklessness: XL Petroleum v Caltex i(1985) 155 CLR 448 at 471; Northern Territory v Mengel (1995) 185 CLR 307 at 347. [43] Jaensch v Coffey (1984) 155 CLR 549 at 556; Petrie v Dowling [1992] 1 Qd R 284; Skea v NRMA Insurance [2005] ACTCA 9. For example, an abnormality may not be so pronounced as to take it outside the normal bounds of reasonable foresight. [44] Tame v NSW (2002) 211 CLR 317. [45] Review of the Law of Negligence: Final Report (2002) at par. [9.28]. [46] Civil Liability Act 2002 (NSW) s 32(1); Civil Law (Wrongs) Act 2002 (ACT) s 34(1); Civil Liability Act 1936 (SA) s 33; Civil Liability Act Act 2002 (Tas) s 34; Wrongs Act 1958 (Vic) s 72; Civil Liability Act 2002 (WA) s 5S. [47] The statutory preference for the term ‘recognised rather than ‘recognisable psychiatric illness is a further factor potentially limiting recovery in consequential mental harm cases and contrasts with the approach of the common law. Eg. Civil Liability Act 2002 (NSW) s 33.

The Right to Privacy Essay - 1252 Words

Privacy Laws - For Privacy laws are established because people have a right to privacy, to an extent. For many years people have argued over their privacy rights, from online videos, to people spying on them, even people stealing internet. People think that they should be completely secluded from others seeing what they’re doing, but in all reality, there’s no stopping people from seeing what you are doing. With more people using the flaws within our media and lives, we as a society must come to accept the fact that people are watching us. With new technology coming out, people have a chance to abuse their flaws. Browsers should make it to where hackers are unable to look at their personal material. We all know that’s not happening anytime†¦show more content†¦Ã¢â‚¬Å"Parents or eligible students have the right to inspect and review the students education records maintained by the school.† (U.S. Department of Education) Because of FERPA, The Family Educational Rights and Privacy Act, parents are able to monitor their student/children progress in school. If a student were to lie about a grade, the parents have several ways to find out if they were lying. First of all, for Alvarado, we have Skyward, a way for parents and students to check grades, and with FERPA, they can also get the records themselves. â€Å"Protecting Children’s Privacy Online – The law sets out specific guidelines about the online collection of personal information from children under 13.† (The U.S. Small Busi ness Administration) With more creepers and people looking for an easy target, it’s so easy for them to get your information. With this law protecting thirteen year olds and younger, it’s harder for them to get to them. My opinion though, is that they should raise the age, teenagers are still young, and they can do some reckless things either over the web, or in real life. The government is starting to take action in protecting us, but we need to learn to accept it. Yes, change is difficult to get use to or agree with, but change is good. â€Å"Health Information Privacy, the OfficeShow MoreRelatedPrivacy And The Right Of Privacy Essay1057 Words   |  5 Pagesrelated to the topic like right to access to information, individual’s privacy. There is free flow of data and information on web which provides a great threat to the right of privacy. So sharing personal information with web at any stake is not what one can consider as wise decision. Privacy is individuals condition of life which is kept safe from rest of the world or Privacy is the right to be left alone. Carl Landwehr in his article â€Å"Privacy and Security† states that, â€Å"privacy is preserved when in-Read MorePrivacy And The Right Of Privacy993 Words   |  4 PagesEveryone should have their own privacy in order to secure our personal and business. Most people do not like when some stranger is keep looking at you anything you do and talk. In 1984, that is called Big Brother is watching you through the telescreen. Telescreen can always see and hear whatever people are doing and privacy setting. There are no such as privacy and secrets because telescreens were everywhere such as streets, houses and restrooms. In 1984, the main character is Winston Smith who worksRead MorePrivacy And The Right Of Privacy1540 Words   |  7 Pagesdefinition, privacy is the ability of an individual to seclude themselves or information about themselves from the indiv iduals around them or the community they live in. Almost all countries have laws in place to protect an individual’s privacy because it is under the illusion as a fundamental human right. In this paper, I will argue laws that establish the use of contraceptives and the right to receive an abortion as a right of privacy have failed to work within society, but if the right to autonomyRead MorePrivacy Is The Right Of Privacy920 Words   |  4 Pagesnot contain reference to privacy, but privacy has been implied in the constitution. Originally, privacy is the right of everyone to be physically free from being observed or disturbed by other people. Technology has change the meaning of privacy when it became part of our daily life. Nowadays, one can be observed or disturbed through internet or any electronic devises. Privacy has become an issue for everyone when technology played a role on helping third party violate privacy; as a result, the constitutionRead MoreThe Right Of Priva cy And Privacy1554 Words   |  7 PagesDo you believe the Board of Education violated her right to privacy? Were they justified in firing her? Explain two to three (2-3) major reasons why or why not. The right to privacy is a right that gives people the ability to control all the things that are a part of us. These include one’s identity, our body, thoughts, feelings, secrets, homes and property. The right to privacy gives people the ability to choose what can be accessed by others, while controlling the extent, timing and the use ofRead MorePrivacy Rights And The Privacy3319 Words   |  14 Pagescountries and organizations are approaching privacy issues along with my predictions how it will unfold the future There is a concern about many users privacy worldwide. Technology is constantly upgrading and internet is being used daily worldwide. Laws are constantly changing and there are many concerns about this. In this essay, I will be talking about why Companies are collecting data, laws regarding privacy policies and I will give prediction on how privacy issues will unfold in the future. WhatRead MoreThe Right to Privacy1287 Words   |  6 PagesThe Right to Privacy The Right to Privacy by Ellen Alderman and Caroline Kennedy involves many different issues, from drug tests and school searches to workplace and technology issues. To make their points Alderman and Kennedy have chosen interesting sometimes maddening cases involving everything from illegal strip searches by the Chicago police to questionable workplace psychological testing. People have different reactions to these issues and Kennedy and Alderman just don t have the solutionRead MoreThe Right to Privacy1152 Words   |  5 Pages Personal interest in the right to privacy has intensified in recent years along with the rapid development of new technologies. A century later, these concerns remain, but many others have joined them. Advances in information and communications technology have increased our ability to collect, store and transmit data about individuals. While these advances could be considered useful, some see them as a situation where anyone can watch and record the actio ns of every individual, and where theRead MoreThe Right to Privacy1258 Words   |  6 PagesIn this report I am going to talk about the rights people have to privacy and about the laws that go with privacy. Privacy is the thought that information that is confidential that is disclosed in a private place will not be available to third parties when the information would cause embarrassment or emotional distress to a person. The right of privacy is limited to people who are in a place that a person would reasonably expect to be private such as home, hotel room and even a telephone boothRead MoreHuman Rights and Right of Privacy3471 Words   |  14 PagesHUMAN RIGHTS AND RIGHT OF PRIVACY Prasanta Kumar Dey â€Å"Civilization is the progress towards a society of privacy. The savage’s whole existence is public ruled by law of his tribe. Civilization is the process of setting man free from men† - Ayn Rand : The Fountain head, 1943. The idea of privacy is as old as Bibalical notion of creation of progenies on earth. Even Adam and Eve tried to hide their nudity with leaves. Privacy is vital to the mental spiritual and physical well

Comparing Hubris in Antigone and Oedipus Essay - 1052 Words

Hubris in Antigone and Oedipus The idea of hubris is monumental in a plethora of Greek mythological works. In many ways the excessive pride of certain characters fuels their own destruction. This is certainly true with respect to the characters of Pentheus, Antigone, and Oedipus. All three of these characters demonstrate, through their actions, various degrees of arrogance that seem to undercut the traditional role of the Gods, and thus largely contribute to their downfall. However, it should be noted that while each of these characters demonstrate hubris, they way in which their arrogance manifests itself is unique to each character. Pentheus, the authoritarian newly appointed king of Thebes is immediately troubled†¦show more content†¦As Pentheus interrogates Dionysus he again is issued a direct warning not to go against the will of the gods by persecuting one whom the gods favor. As Dionysus calmly states, Very well, I ¹ll go along with this wrongful undestined destiny, but remember this: Dionysus, who you say does not exist, will wreak revenge on you for this (Euripides 417). The story culminates in Dionysus playing on Pentheus ¹ curiosity and voyeurism regarding the intoxicated hordes of Thebian women, by tricking him to go out to see them in action. Pentheus is brutally ripped apart by the possessed women, yet in effect it was his own actions that caused his destruction. As Dionysus directly addresses the hubris of Pentheus, The sins of jealousy and anger made this Pentheus deal unjustly with one bringing blessings, whom he disgracefully imprisoned and insulted; and so he met his end at the hand s of his own kin†¹ an unnatural end and yet a just one (Euripides 453). Antigone also over steps her bounds, yet in a drastically different way. Rather than embracing the authoritarian ideals and decrees of Creon, the Stalinist new leader of Thebes, Antigone ¹s dual sense of pride and stubbornness fuels her personal reactions. Her belief that her brother deserves a proper burial seems to transcend logic and directly counter both temporal and divine authority. AntigoneShow MoreRelatedOedipus Rex Vs. Antigone1417 Words   |  6 PagesDaniel Nierenberg Comparative Essay 11-20-01 Oedipus Rex Antigone It is only natural that an author use similar vessels of literature, such as figurative language, literary devices, and elements in his/her work. It is even more apparent between works that are connected by character, time, and theme. Sophocles did this when he wrote Oedipus Rex and Antigone. When comparing the two pieces, it becomes evident that very similar vessels connected these very different plays. Sophocles uses aRead MoreEssay on Creon as the Tragic Hero in Sophocles Antigone1326 Words   |  6 PagesCreon as the Tragic Hero in Antigone     Ã‚   This essay will compare two of the characters in â€Å"Antigone†, Antigone and Creon, in an effort to determine the identity of the tragic hero in this tale.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To identify the tragic hero in Sophocles’ renowned play â€Å"Antigone†, we should first consider both the elements present in Greek tragedies and what characteristics define a tragic hero. Aristotle’s definition of tragedy is: â€Å"Tragedy is a story taking the hero from happiness to miseryRead MoreThe Law Of The Gods1731 Words   |  7 PagesAntigone Essay The big question many face is whether the law of man is more important than the law of the gods. In the play Antigone Creon has a hard time giving up the law of man to submit to the law of the gods, and in contrast Antigone undertakes the problem of deciphering between what she believes the gods want, and what truly is there will. Despite the noble intentions of Creon and Antigone they fall prey to hubris and irrationality resulting in their disregard for the gods, which ultimatelyRead MoreAnalysis of Creons Speech and Reflection of His Character1714 Words   |  7 Pagesintroduced through his opening speech in the First Episode (lines 159-195) and how does this speech create tension? Time spent: 2 hours Starting in media res, the audience are informed of the death of Eteocles and Polyneices through the Oedipus’ family sisters, Antigone and Ismene’s heated conversation. Creon, as the closest blood relative of the throne, succeeds as ruler of Thebes and comes to power. Creon gives a full and honorable burial to Eteocles, praising his loyalty to the state until death,Read Moretheme of alienation n no where man by kamala markandeya23279 Words   |  94 Pagesï » ¿ANTIGONE KEY LITERARY ELEMENTS SETTING This tragedy is set against the background of the Oedipus legend. It illustrates how the curse on the House of Labdacus (who is the grandson of Cadmus, founder of Thebes, and the father of Laius, whose son is Oedipus) brought about the deaths of Oedipus and his wife-mother, Jocasta, as well as the double fratricide of Eteocles and Polynices. Furthermore, Antigone dies after defying King Creon. The play is set in Thebes, a powerful city-state north of

Learning Styles in Tom Waymans Students Essay - 1281 Words

The poem â€Å"Students† by Tom Wayman, shows four different learning styles: The Vaccination Theory of Education, The Dipstick Theory of Education, The Easy Listener Theory of Learning, and The Kung Fu Theory of Education. Wayman is a teacher that has noticed that every person devolves into one of these different learning styles. The four different theory of education are used every day even if we do not know. The Vaccination Theory of Education is when students forget everything after having learned and completed the subject. Experts from Johns Hopkins University, the University of Tennessee and the University of Virginia conducted a study that showed that most students â€Å"lose 2 to 2 1/2 months of the math computational skills that they†¦show more content†¦But when it’s time to think about post-secondary they become less satisfied. And it is easy to fall short of a fifty. Then students will have to retake many courses to get a good education or job. The third theory the writer believes is followed by students, is The Easy Listening Theory. This theory is when students listening to music and still believe that they are paying attention and learning. This theory is one of the most used theories this decayed; students hide their headphones and when questioned they say Dont worry, I can hear you(Wayman,36). But the students are not telling the truth, and their grades show that. Dr. Nick Perham conducted a study that: â€Å"involves a subject conducting a certain task, in this case recalling a series of numbers, while listening to different kinds of background music. If sound exhibits acoustical variations, or what Perham calls an acute changing-state, performance is impaired. Steady-state sounds with little acoustical variation dont impair performance nearly as much.†(Cutler). The last theory is Tom Wayman own, and it contrast the other three; The Kung Fu Theory of Education is about using knowledge as a form of self-defense. Learning can help with problems a student will encounter. This is when students do not just punch and kick, but never stop learning. Students should always keep searching for new ways and techniques that will help them in real life

High Schools And Public Schools - 2128 Words

Growing up in a district area is much more different in many ways than growing up in a big city, where people have more guidance and facilities in almost every part of life than people living in any small town or district. The part of the country where I grew up had separated schools for girl and boys. Co-education was not common. The population was between 0.2 million to 0.3 million. There were few elementary public schools and public high schools. Peoples education was really effected by the social culture, and by a lot of authorities negligence of the law. A part of the district area where I grew up is called Hangu. It was a man dominated society. It was the notion that an education is more important for a man than a woman. It was the traditional belief that education is more important for men then a women because men need to have an education to get a job, to establish his own business, to understand and deal with the people, and to take care of his family. It was a dominated traditional belief that women should have a direct in social life and be in charge of the house, doing chores, and raising up children. However, it was also the notion that women should have an enough education to read and write and understand what is right and wrong, so that they help and involve in their children education and produce better, well raised generation to improve society. Peoples lives were more influenced by the social norms than by religion or by the outside world sShow MoreRelatedPublic High School Reform : Public School2137 Words   |  9 PagesPublic High School Reform Let s get straight to the point, American public school s are failing, and although the solutions to their many problems aren’t entirely implicit, remedial endeavors have been lackluster at best. In fact, According to PISA(Program for International Student Assessment), a recent international academic assessment, American students are significantly falling behind their international counterparts in math, reading, science, and have sunk to the 36th spot in the internationalRead MoreHigh School Vs. Public Schools1407 Words   |  6 Pagesduring the class. Tons of students in public schools would use the same old excuse saying that they did not get enough sleep the night before. Sadly, this excuse is true for most people who use it. How come it is true most of the time? That is because these students stayed up late at night completing assignments that took time for them to do, and then having to deal with the terrible pain of waking up at five or six in the morning to make it o n time for school. Surely enough, this type of situationRead MoreHigh School Vs. Public School1634 Words   |  7 Pagesfinancially and provide a house in a nice neighborhood with a quality public school system. Having the financial support of my grandparent allowed me to be able to participate in sports and live in a middle-class neighborhood. They broadened the opportunities available to me because my siblings and I weren t reliant solely on my mom’s minimal income. Where I attended school was also a huge influence on who I am today. I went to public school from kindergarten through twelfth grade in my hometown, soRead MorePortland Public School High School973 Words   |  4 PagesGrowing up in the Portland-Metro area, I often heard about Portland Public School District, but only ever saw a Portland public high school when the football team I was a member of had an away game at Grant. I heard that Portland schools were rough, poor, and simply â€Å"not as good† as the suburban schools my friends and I attended. I grew up in the Beaverton School district went to Aloha high school – socially considered the â€Å"poor school† of the district and in fact the most ethnically diverse. * As aRead MorePublic School Discipline At Columbine High School2077 Words   |  9 Pagesschools. School administrators became increasingly concerned about drug use and gang activity among students, and dramatic events such as the shooting at Columbine High School further solidified fears about school safety. In response to these problems, many schools began implementing policies of exclusionary discipline, (Skiba Rausch, 2006).   Such policies are generally based on the assumption that removing students from schools when they behave disruptively will create peaceful learning environmentsRead More A Comparison Between A Public High School and a Private High School2565 Words   |  11 PagesFor my field work project, I chose to do an observation of a public high school and a private high school. The schools I decided to observe were County Public High School and The Pickard School, both of which are located in demographically similar neighborhoods. The purpose for choosing two schools with similar characteristics was to have schools with equal social and economical factors encompassing them. This, I felt would make my findings unbiased within the scope of the project. My rationale forRead MoreImproving The Public High School System961 Words   |  4 PagesImproving the Public High School System Improving the public high school system is extremely important, especially in times like today their are many aspects to the public school system today that are flawed some of which being the achievement gap in students, and the confidence, interest and motivation that students are lacking. Their are many ways that public high schools can improve their schools, many not even costing a penny. If public high school systems improve students will be more likelyRead MoreShould Public High School Be Taught?972 Words   |  4 PagesPublic high schools known today vary greatly from their original predecessor. Attending high school is now a requirement for all children up until 16-18 depending on the state. When free public high school originally started, public did not mean for everyone. Students who were considered to be â€Å"the choicest youth† (Reese 165). Admittance to high school was treated then as college admittance is treated now. Free public high school was created to give the lower class citizens a way to move up in societyRead MoreHigh School Students Should Be Taught At North Carolina s Public High Schools Essay1441 Words   |  6 Pagesinto consideration, high school students should be presented with the opportunity to take basic life skills courses within their high school career. In a way, it is ridiculous that basic life skills are not offered as a course in high school being that the students are there to get an education. It would be sensible if education was a combination of excelling in classes and life. When I think of basic life skills that should be taught in North Carolina’s public high schools, I think of skills suchRead More Distribution of Condoms in Public High Schools Essay2464 Words   |  10 PagesDistribution of Condoms in Public High Schools Coinciding with the onslaught of the new millennium, schools are beginning to realize that the parents are not doing their job when it comes to sexual education. The school system already has classes on sexual education; these classes are based mainly on human anatomy. Most schools do not teach their students about relationships, morals, respect, self-discipline, self-respect, and most importantly contraceptives. Everyday students engage

Princely Courts of the Early Renaissance Essay Example For Students

Princely Courts of the Early Renaissance Essay Princely Courts of the Early Renaissance Italian Renaissance princely courts were expected to be opulent, therefore, there were no the sumptuary restrictions to follow. Wealthy aristocrats like Cosimo de’ Medici were not allowed to openly display their wealth. Princely wealth was attained through conquest rather than through mercenary endeavors, and an open display of splendor reflected to the common people the ruler’s power and reinforced their belief that the state was a healthy entity. The shifting power relations among the numerous Italian city-states fostered the rise of princely courts and control of cities by despots during the 15th Century. Princely courts emerged as cultural and artistic centers. Their patronage contributed to the formation and character of Renaissance art. The artistic and architectural holdings of such princely rulers were emulated by wealthy individuals throughout Europe. Similarly, the courts of aristocratic Italian Renaissance nobility of the Medici, Gonzaga, Este, and Sforza families competed to outshine each other. The leading Florentine family was the Medici. The Medici spent money on constructing churches, encouraging art and supporting charities. One of the Medici Popes, Leo X, was a notable patron of the arts in Rome. These families were patrons of the arts during the early Renaissance. There were two main systems of patronage in Renaissance Italy. A rich person could take an artist into his or her household and in return the artist would supply the patron artistic needs, or someone or some organization could commission a single work from an artist and employ him until that work was finished client. If the commissioned work was particularly complicated the artist could be on the client payroll for years. Other ways for acquiring works of art are, choose work that had already been completed, or buy one from a previous owner. Patronage could be collective or individual. There are some famous examples of group patronage in Florence. For example, the wool guild was responsible for the Cathedral and gave out many important commissions for religious works. Another kind of collective patron, was the religious confraternity, e. g. The commission of The Virgin of the Rocks by Leonardo. Leonardo, the oldest of the three major High Renaissance artists, worked for much of his career under court patronage. Other types of patronage are city states (e. g. Bronze David by Michelangelo), and prince from a state (Leonardo was court painter for the Duke of Milan for 17 years). These commissioned artists always seemed to characterize or paint in the new Renaissance style or spirit, which is known as humanism. Humanism was the basic concept of the Italian Renaissance. It is the term used to define that philosophical movement in Italy at the end of the 14th century and during the 15th and 16th centuries which asserted the right of the individual to the use of his own reason and belief, and stressed the importance and potential of man as an individual. The rise of Humanism can be seen in paintings created by Renaissance artists. During the Middle Ages, saints in paintings wore halos (a ring or circle of light) around their heads. Artists also used hieratic scale in paintings during the Middle Ages, making saints or members of the family of God larger in scale than ordinary or less important figures. As Humanism became more popular during the Renaissance, ordinary people grew to be the same size as saints in paintings

Measles Essay Example For Students

Measles Essay Measles VirusIn the 1800s the measles was a very dangerous disease, and when people who come in contact with it will die, if they have never been exposed to the virus before. The measles is transmitted through the air. The way that the virus is transmitted is that infected droplets are released by coughing, sneezing, and by talking. When the infected droplets that contain the measles are in the air, they are taken into the body through the mouth, nose and eyes of the potential person that could get the virus. People with low respiratory tract, which is the lungs and bronchi, are more likely to get the infection. During the next two to four days after the infection penetrates the body, the measles virus replicates in the respiratory cells and then spreads to the draining lymph nodes, where it reproduces again. Then it moves into the blood stream, carried by the white blood cells. This results in the virus being carried all over the body, which leads to infecting other places inside the body. During this time, the infected person feels fine and the measles infection and incubation stages are very unnoticeable. The next stage of the measles happens after eight to twelve days. The infected person has symptoms of fever, weakness and loss of appetite. Coughing and running of the eyes and nose are also seen. Now the infection is spreading all over the tissues through out the body. They also trigger the bodys immune system, which causes the symptoms. When the measles virus infects the immune system and interacts with the antibodies and T cells, a measles rash begins on the face and very quickly spreads to the body, arms and legs. The fever and cough become more intense after the fifth day. The rash turns into 3-4 mm red maculopapular lesions, which are flat and slightly raised. Pretty much this virus starts on the face, behind the ears, and moves downward all over the body. After awhile the rash begins to disappear, but the immune system is still weak. Making people who were infected with the measles more prone to other infections, making the immune system more susceptible to become infected, which in the early days of the measles caused many deaths. With the growth of medical technology and research, a measles vaccine was produced. It is given to children before the age of four, and the measles infection is on the decline. With this vaccine, the person produces, anti-measles antibodies, which are effective in about 95-97% of the people who get the vaccine. Once a person is infected with measles once, they usually produce lifelong protection from re-infection. This conclusion was brought up by Peter Panum in 1846, a Danish medical officer who was studying the outbreak of measles. One of the biggest outbreaks of measles was during the Civil War. This was before Louis Pasteur, Robert Koch, and Joseph Lister perfected the Germ Theory of Disease.Two-Thirds of the soldiers that died during the war, were killed by uncontrolled infections disease. At least 4,000 died of the measles on the Union side alone. This proves that once measles are in an isolated area, it is hard to control, and fighting off the disease is at a minimum. The actual cause of why humans were infected by the measles is unknown. The main theory is that humans became infected with the disease when they were in the same area of herds of dogs. The disease was first identified a virus in 1911, when respiratory secretions of an infected person with measles, were passed through a filter designed to retard bacteria, but allow the passage of the virus. .u676b5db439ab9dc4fa1c7aec457000c0 , .u676b5db439ab9dc4fa1c7aec457000c0 .postImageUrl , .u676b5db439ab9dc4fa1c7aec457000c0 .centered-text-area { min-height: 80px; position: relative; } .u676b5db439ab9dc4fa1c7aec457000c0 , .u676b5db439ab9dc4fa1c7aec457000c0:hover , .u676b5db439ab9dc4fa1c7aec457000c0:visited , .u676b5db439ab9dc4fa1c7aec457000c0:active { border:0!important; } .u676b5db439ab9dc4fa1c7aec457000c0 .clearfix:after { content: ""; display: table; clear: both; } .u676b5db439ab9dc4fa1c7aec457000c0 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u676b5db439ab9dc4fa1c7aec457000c0:active , .u676b5db439ab9dc4fa1c7aec457000c0:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u676b5db439ab9dc4fa1c7aec457000c0 .centered-text-area { width: 100%; position: relative ; } .u676b5db439ab9dc4fa1c7aec457000c0 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u676b5db439ab9dc4fa1c7aec457000c0 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u676b5db439ab9dc4fa1c7aec457000c0 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u676b5db439ab9dc4fa1c7aec457000c0:hover .ctaButton { background-color: #34495E!important; } .u676b5db439ab9dc4fa1c7aec457000c0 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u676b5db439ab9dc4fa1c7aec457000c0 .u676b5db439ab9dc4fa1c7aec457000c0-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u676b5db439ab9dc4fa1c7aec457000c0:after { content: ""; display: block; clear: both; } READ: The Internet a Blessing or a Curse Essay Once the conclusion of once infected with the measles, you have life long protection of never getting it again, the vaccine was developed. As of today measles is not as bad as it was before, each year the number of measles cases goes down. Once a person gets vaccinated for the virus, it is very hard to obtain it, and with the medical technology today, fighting the disease with treatments is available for the person to overcome this virus. Words/ Pages : 721 / 24