Thursday, October 31, 2019

Policy memo summarizing a public hearing Assignment

Policy memo summarizing a public hearing - Assignment Example Sally Clark, the Chair of the Committee on the Built Environment, opened the Public Hearing at 5:30, in the Seattle City Council Chambers. Also present were Vice-Chair Tim Burgess, and Council Member Sally Bagshaw.1 Three basic categories of debate and comment were heard on the evening: a) development proposals in urban areas; b) neighborhood planning; and c) complaints regarding the process of the plan amendment process. THE PROCESS FOR ADOPTION OF PROPOSED AMENDMENTS TO THE ANNUAL COMPREHENSIVE PLAN The Comprehensive Management Plan of the City of Seattle is open to amendments once a year, according to the Washington State Growth Management Act.2 During 2010, the schedule for the submission, proposal and adoption of specific amendments to be examined was as follows: May 14, 2010: Deadline for the submission of a maximum of 10 applications;3 June 19, 2010: Introduction and briefing regarding the proposed amendments to the Council Committee on the Built Environment;4 July 8, 2010: Pu blic Hearing at which particular proposals are considered, at which argument for or against proposals may be raised, and the proposals to go forward are evaluated; July 14, 2010: Briefing of Committee and further discussion to determine which proposed amendments will be given further review and analysis, in light of the commentary at the Public hearing; July 28, 2010: Voting is conducted;5 December 1, 2010: Final recommendations on the proposed amendments are submitted to the Council.6 SELECTION CRITERIA FOR AMENDMENTS Specific criteria are considered by the City Council in identifying amendments to the Comprehensive Plan, according to Resolution 30976, adopted on May 14, 2007. These criteria can be categorized under the following central statements as follows: A. The amendment is appropriate for the Comprehensive Plan. B. The amendment is legal. C. It is practical to consider the amendment. D. There has been a neighborhood review process to develop and proposed change to a neighbor hood plan, or a neighborhood review process can be conducted prior to final Council consideration of the amendment.7 For the amendment to be appropriate, it has to be in line with the State Growth Management Plan, referred to above. Likewise, it should not contradict national planning, nor should it be possible to implement it by a change in regulations only. If the amendment could be implemented by changes to budget, or already existing programs, or processes, it will not be adopted. Further, the timing, the available staffing requirements suggested by an amendment, and the information available for analysis of the proposal will be considered. Only when the Mayor or Council are in favor of changing policy significantly, if necessary, as proposed by a specific amendment, will it be considered, as long as it does not as mentioned, contradict the Comprehensive Plan. If a proposal has been rejected by the City Council already, it may not be re-tabled. Finally, it must not break nationa l or state laws. SUMMARY: PUBLIC COMMENTARY AND DEBATE The first proposed amendment (Proposed Amendment Number One: PA #1) was tabled by the Department of Planning and Development.8 The essence of the proposal included the suggested update of the shoreline master program, to include comment on a container

Tuesday, October 29, 2019

Flight Patterns Essay Example for Free

Flight Patterns Essay What is Sherman Alexie’s notion of the reality behind a story as this notion is presented in â€Å"Flight Patterns† I think Sherman ‘s notion of reality is that life is full of contradictions. The society sets up so many rules for people to follow, and people are often judged by their ethnic group, gender, religion†¦etc. Accordingly, they have to behave properly in order to meet the expectations. However, in reality not every person can deal easily with the role he is supposed to be in. For example, William doesn’t want to choose between American and Spokane. He loves them both. In religion, he is a generously religious man. In ethnic, he is a Spokane Indian while having in civic life like most American. In the text, it states that† William wanted all of it .Hunger was his crime.† I think Sherman Alexie points this out to tell us that in reality, a person might feel bemused to make a choice among all he wants. Fikadu faces the difficulties between killing his own people for Selassie and living with his family. William faces the difficulty between jobs and family. They both make up their mind and make the difficult choice despite feeling uncomfortable. The reality is not perfect as we may consider it. People sometimes have to make sacrifices or compromises to accomplish a bigger task. I think William chooses to believe Fekadu’s story because no matter it is true or not, it tells the essence of reality in this society.

Sunday, October 27, 2019

A Study On Common Social Classes Sociology Essay

A Study On Common Social Classes Sociology Essay Karl Marx and Max Weber are without question the two most influential sociologists to have emerged in the 19th century. Marxs theories are seen as the foundation of modern communism, and he himself is seen as a revolutionist. Marxs work has been very influential and has stood as an inspiration for social change. Max Weber, writing a generation later, emerged as a giant in nineteenth- and early twentieth-century German sociology and social theory. Whereas Marx anticipated the inevitability of revolutionary change, Weber offered a more staid and pessimistic vision. Society is seen as divided into four groups, the upper class, middle class, working class and lower class. This is known as the class system (http://www.gpwu.ac.jp/~biddle/the_class_sysytem.htm). The upper class tend to consist of people with inherited wealth and includes some of the oldest families, with many of them being titled aristocrats. The upper classes are defined by their title, but also by their education and by their pastimes (http://www.en.articlesgratuits.com/social-stratification-in-great-britain-id3024.php). The middle class are the majority of society today. They include high skilled craftsmen, lower and middle management and business people. The working class consists of farmers and factory workers. The lower class consists of people with a low income, low level of education and high unemployment rates. There are two significant sociologists in the discussion about social class, Karl Marx and Max Weber. Karl Marx was one of the first writers to analyse class differences. His understanding of class was someones relationship to the means of production. He saw class as being a phenomenon of any society, where ownership of wealth and the means of production (M.O.P) in the capitalist system, dominated the wage earners or proletariat. Marx considered that there were two prominent classes- the owners of the means of production and the workers. Marx talked mainly about the two great classes- owners and workers, but he was aware of a third class, which he called petit bourgeoisie (http://copland.udel.edu/~cmarks/What%20is%20social%20class.htm). This was the middle class which were owners of small businesses. Marx argued that the only thing that the workers owned was their ability to work (http://copland.udel.edu/~cmarks/What%20is%20social%20class.htm), what he called ‘labour power. The owners had power over workers as they paid the workers wages and could determine what wage they rece ived, and exploited them. As a result, there is a basic conflict of interest between the two classes. The worker becomes all the poorer the more wealth he produces, the more his production increases in power and range. The worker becomes an ever cheaper commodity the more commodities he creates. With the increasing value of the world of things proceeds in direct proportion to the devaluation of the world of men. Labour produces not only commodities; it produces itself and the and the worker as a commodity- and does so in the proportion in which it produces commodities generally. (Marx, Economic and Philosophic Manuscripts (1844) cited in http://www.historyguide.org/intellect/marx.html). Marx believed all societies are class societies with people set against each other by their differing relationship to the means of production. He felt that the lack of powers of workers was the source of exploitation and the basis of class conflict (http://copland.udel.edu/~cmarks/What%20is%20social%20class.htm). Marx argued that the basic contradictions contained in a capitalist economic system would lead to its eventual destruction. The proletariat would overthrow the bourgeoisie and seize the means of production, the source of power. Property would be communally owned and, all members of society would now share the same relationship to the means of production, bringing an end to the exploitation and as a result a classless society would emerge. In Capital (1867/1967), for example, Marx talked about the capitalists as werewolves and vampires who suck the blood out of the workers, and he was very sympathetic to the plight of the prolectariat. (Ritzer, Sociological Theory, 4th edition, Singapore, 1996, p 29). Marx argued that the class struggle was the driving force of social change. Marx also talked about class consciousness. Class consciousness as occurs when false consciousness has been replaced by a full awareness of the true situation, by a realization of the nature of exploitation, like the workers realising they are being used. When owners convinced workers that their situations were compatible, this Marx called false consciousness. Marx noted a difference between a ‘class in itself and a ‘class for itself. He believed a class in itself is a social group whose members share the same relationship to the means of production. A class for itself is a social group where its members have class consciousness and class solidarity. Class solidarity, which he believed was when members of a class develop a common identity and recognise their shared interests and unite. Marx believed that certain factors in the development of a capitalist economy would accelerate its loss of positi on (Macionis, Plummer, Sociology: A Global Introduction, 2005, 3rd edition, p. 202-206). These factors would end in the polarization of the two main classes. The gap between the proletariat and the bourgeoisie will become greater and the difference between these two groups will become even more extreme. Marx argued in the course of a working day, workers produce more than is actually needed by employers to repay the cost of hiring them. This surplus value is the source of profit, which capitalists are able to put to their own use (Giddens and Griffiths, Sociology, 5th Edition, p.301). Marx made the essential point that class was primarily based upon economic circumstances. Max Weber didnt agree with Marxs view that power derived only from economic relations and the relationship to private property of the MOP. The scope of Webers analysis ranges more widely than that of Marx; the origins of capitalism, the development of capitalism, the nature of a future society, and concepts and approaches that Marx downplayed- religion, ideas, values, meaning, and social action (http://uregina.ca/~gingrich/o902.htm). Weber also talked about power, class, status and party, as he was aware of its value. By class Weber is referring to ones participation in the market either by capital, skill or education. It refers to the unequal distribution of economic rewards. By status, Weber argues that groups form because their members share a similar status situation, like priests and monarchy. Unlike classes, members of status groups are aware of their common status situation. By party Weber means a group of people who commit to some practical goal or activity. He believed part ies were groups which are specifically concerned with influencing policies and making decisions in the interests of their members. These groups include trade unions and professional associations (Macionis, Plummer, Sociology: A Global Introduction, 2005, third Edition, p 206). Weber disagreed with Marx on a number of his theories. Weber saw no evidence to support the theory of the polarization of classes. Although he did see some decline in the numbers of the petty bourgeoisie due to competition from large companies, he argued that they enter white-collar or skilled manual trades rather than being depressed into the ranks of unskilled manual workers. Weber argued that the middle class increases rather than declines as capitalism develops. Therefore Weber saw a diversification of classes and an expansion of the white-collar middle class, rather than polarization as Marx did. Weber also disagreed with Marx on the idea of the proletarian revolution. Weber argued that people with similar class situations would not just develop a common identity and try to overthrow the bourgeoisie and seize the means of production. He believed that workers who were dissatisfied with their class situation would respond in different ways. Webers theories on social stratification are significant, because they show that other factors of social stratification and not just class, affect peoples lives (Giddens and Griffiths, Sociology, 5th Edition, p.302-303). Max Weber and Karl Marx had a difference of opinion over what was the driving force behind changes in society. But they both agreed that class is a function of economic participation and does not see capitalism as an idealistic form of society. Like Marx, Weber saw class in economic terms, arguing that classes develop in market economies in which individuals compete for economic gain. He defined a class as a group of individuals who share a similar position in a market economy and receive similar economic rewards. This Weber called is market situation. Marx and Weber argued these theories during the 19th century. Much of Marxs predictions have been wrong. Capitalist societies did not become increasingly polarised between labour and capital, instead the middle class grew larger and larger and the importance of manual labour steadily declined. Only a quarter of a century ago, some 40 per cent of the working population was in blue-collar work. Now, in the UK, only about 18 per cent is, and this proportion is still dropping. Moreover, the conditions under which working-class people are living, and the styles of live they are following, are altering. Giddens and Griffiths, Sociology, 5th Edition, p.315. Some critics today question the theoretical and historical validity of ‘class as an analytic construct or as a political actor. In this line, some question Marxs reliance on 19th century notions that linked science with the idea of ‘progress. Many observe that capitalism has changed much since Marxs time and that class differences and relationships are much more complex. Although Marxs prediction of an imminent collapse of the capitalist system and the proletarian revolution has not materialised, some of the most forceful passages in Marx book the Communist Manifesto actually refer to the greatest achievements of the bourgeoisie class and to complete changes in the ways human history has been made after its ascendance to power. Marx can then be credited to be one of the first thinkers to recognise the fact that the capitalist system represented the biggest breakthrough in human history. Marx predicted that as capitalism developed, a polarization of classes would take place between the oppressed and exploited proletariat on the one hand, and the exploiters on the other. Such class polarization has not occurred (Carter and Stokes, Democratic Theory Today: Challenges for the 21st Century, 1st Edition, 2002, p.254). In the last half of the 20th century, almost half of the people in the world lived in countries governed by principles based on Marxs work such as the Soviet Union and the countries of Eastern Europe. Although it is true that many of Marxs predictions about the course of the revolutionary movement were wrong, there is no doubt that he was a true genius. Nowadays, in the 21st century, there is more focus on inequality and not so much class. Equality is the state of being equal or the same. People are living in poverty if their income and resources (material, cultural and social) are so inadequate as to preclude them from having a standard of living which is regarded as acceptable by Irish society generally. As a result of inadequate income and resources people may be excluded and marginalised from participating in activities which are considered the norm for other people in society National Anti-Poverty Strategy, http://www.socialinclusion.ie/poverty.html Modern society believes everyone should be given an equal chance to succeed in life, and stresses equal opportunities. But we all know not everybody is treated equally in reality. Marxs view of class was about someones relationship to the means of production, that isnt the case anymore. There is cultural, material as well as social inequality in Ireland today. A report published in 2002, revealed Ireland to be one of the richest countries but also one of the most unequal. Social researcher Brian Harvey found that the treatment of asylum seekers and refugees was inadequate and that there were difficulties for poor people getting fast access to justice (http://www.rte.ie/news/2002/0404/report.html). In another report released in 2008, there was a study on the health, health behaviour and well being among children from the travelling community, immigrant children, children with disabilities and children from disadvantaged schools in comparison to other children. The findings showed tha t there were inequalities in health among children from these groupings and the other children, so it proves that children just arent being treated the same (http://www.nuigalway.ie/hbsc/documents/press_release__7th_oct.pdf). People look down their noses at the travelling community, most pubs and shops dont even let them onto their premises. People look down at the travelling community as they see them as having no house, no job and see them as being lower class. We can see the difference in class when this happens. Ireland went from being one of the poorest countries to being one of the richest and the majority of Irish society is now working class. It seems gender, disability, ethnicity, age, sexuality and religion are just some of the groups that are more likely to experience inequality in Ireland. Conclusion While both Marx and Weber were interested by the changes happening in society in the industrialization, Marx was looking for a revolution while Weber was exploring the factors as to why capitalism had come to pass. Though many of Marxs predictions are yet to materialize, there is no doubt that he was one of the most influential thinkers of the 19th century. Exploring how the capitalist economic system generates conflict between classes, Marxs analysis of social stratification has had enormous influence on sociological thinking in recent decades. Webers writing on stratification is significant because it shows other factors of stratification other than class that strongly influences peoples lives. Weber discussed class, status and party as important separate aspects of social stratification thus providing a more comprehensive analysis than that of Marx. Thanks to Marx and Weber we have a better understanding of social class. Bibliography †¢ www.businessdictionary.com/definition/social-class.html †¢ http://www.gpwu.ac.jp/~biddle/the_class_sysytem.htm †¢ http://www.en.articlesgratuits.com/social-stratification-in-great-britain-id3024.php †¢ http://copland.udel.edu/~cmarks/What%20is%20social%20class.htm †¢ Marx, Economic and Philosophic Manuscripts (1844) cited in http://www.historyguide.org/intellect/marx.html †¢ Ritzer, Sociological Theory, 4th edition, Singapore, 1996 †¢ Macionis, Plummer, Sociology: A Global Introduction, 2005, 3rd edition †¢ Giddens and Griffiths, Sociology, 5th Edition †¢ http://uregina.ca/~gingrich/o902.htm †¢ Carter and Stokes, Democratic Theory Today: Challenges for the 21st Century, 1st Edition, 2002 †¢ http://www.socialinclusion.ie/poverty.html †¢ http://www.rte.ie/news/2002/0404/report.html †¢ http://www.nuigalway.ie/hbsc/documents/press_release__7th_oct.pdf †¢ Albrow, Sociology; The Basics, 1999, London †¢ Gerth and Mills, From Max Weber Essays in Sociology, 2009, Oxon †¢ Ballantine, The Sociology of Education â€Å"A Systematic Analysis†, Fifth Edition, New Jersey, 2001 †¢ Bellamy and Ross, A Textual Introduction to Social and Political Theory, Manchester, 1996

Friday, October 25, 2019

Essay on Names in Song of Solomon -- Song Solomon essays

The Importance of Names in Song of Solomon      Ã‚   Abstract:   In Toni Morrison's Song of Solomon, names have great implication.   Language is extremely personal and deeply rooted in culture.   Names are an integral part of language, and they help to establish identity, define personality, and show ownership through formal and informal usage.    " 'Tis but thy name that is my enemy; / Thou art thyself, though not a Montague. / What's Montague? it is nor hand, nor foot, / Nor arm, nor face, nor any other part / Belonging to a man.   O, be some other name! / What's in a name? that which we call a rose / By any other name would smell as sweet; / So Romeo would, were he not Romeo call'd, / Retain that dear perfection which he owes / Without that title.   Romeo, doff thy name, / And for that name which is no part of thee / Take all myself."   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   -William Shakespeare, Romeo and Juliet.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the play Romeo and Juliet, William Shakespeare claims that a name is just a name; that it has no real significance.   Individual names and the names of cultural and racial groups can be very influential, however, as Malcolm X explains in his On Afro-American History, "So they'll say whites, Puerto Ricans and Negroes.   Pick up on that.   That's a drag, brothers.   White is legitimate.   It means what color they are.   Puerto Ricans tell you that they're something else, came from somewhere else, but they're here now.   Negro doesn't tell you anything" (16).   In Toni Morrison's Song of Solomon, which describes the tribulations faced by an African American family attempting to define and find themselves, names have great implication.   Language is extremely personal and deeply rooted in culture.   Names are an integral part... ...d many important lessons about his past as well.   It was possible to see the transformation from materialistic to concerned that Milkman underwent.   By coming to terms with his roots, Milkman was able to become whole; to become comfortable with who and what he was.   Knowledge is power, and having a name and a history are two of the most powerful things one could have.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Works Cited and Consulted Bloom, Harold, ed. Modern Critical Views: Toni Morrison. New York: Chelsea House Publishing, 1990. Malcolm X.   "On Afro-American History."   Audubon Ballroom, Harlem.   24 Jan 1965. Middleton, David. Toni Morrison's Fiction: Contemporary Criticism. New York: Garland, 1997. Morrison, Toni.   Song of Solomon.   New York: Plume, 1987.   Shakespeare, William. Romeo & Juliet. ed. Jane Backman. Lincolnwood: NTC Publishing Group, 1994.

Thursday, October 24, 2019

Negligence: Duty of Care and Buick Motor Co.

Negligence, duty and Breach of Duty. To constitute a legal action against some one’s negligence, several requirements to be fulfilled. First one is that there must exist some duty of care towards the plaintiff by the defendant. The second one is that the defendant should breach such duty of care imposed on him. The third one is that the negligence done by the defendant should be the cause of the harm resulted to the plaintiff. The fourth one is that the harm should have some monetary value. In Haynes V Harwood (1935) 1 KB 146 at 152, Judge Greer L.J, pointed out these requirements in his judgement stating that â€Å" Negligence in the air will not do: negligence, in order to give a cause of action, must be the neglect of some duty owed to the person who makes the claim†. The simple meaning is that if one done negligence actions, in a place, which is untouched by other people, in such a place, there would not arise a duty of care toward others. Therefore the question of the breach of such duty of care would also not arise. In such a situation a legal action on negligence can not be instituted.To understand above elements pertaining to negligence in law of tort, we shall discuss them in detail. Duty of Care In  tort law, a  duty of care  is a  legal  obligation  imposed on an individual requiring that they adhere to a standard  of  reasonable  care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in  negligence. The claimant must  be able to show  a duty of care imposed by law which the defendant has breached.The duty of care may be imposed  by  operation of law  between individuals with no  current  direct relationship (familial or contractual or otherwise), but eventually become related in some manner. At common law, duties were formerly limited to those with whom one was in  privity  one way or another, as exemplified by c ases like  Winterbottom v. Wright  (1842). In the early 20th century, judges began to recognize that enforcing the privity requirement against hapless consumers had harsh results in many  product liability  cases.The idea of a general duty of care that runs to all who could be foreseeably affected by one's conduct (accompanied by the demolishing of the privity barrier) first appeared in the landmark U. S. case of  MacPherson v. Buick Motor Co. (1916) and was imported into UK law by another landmark case,  Donoghue v Stevenson  [1932]. MacPherson v. Buick Motor Co. , 217 N. Y. 382, 111 N. E. 1050 (1916) A famous  New York Court of Appeals  opinion by Judge  Benjamin N. Cardozo  which removed the requirement of  privity of contract  for duty in  negligence  actions The  plaintiff, Donald C.MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 â€Å"Buick Runabout† collapsed. The  defendant,  Buick Motor Company, had manufactured the vehicle, but not the wheel, which had been manufactured by another party but installed by defendant. It was conceded that the defective wheel could have been discovered upon inspection. The defendant denied liability because the plaintiff had purchased the automobile from a dealer, not directly from the defendant. The portion of the MacPherson  opinion in which Cardozo demolished the privity bar to recovery is as follows: If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequence to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. That is as far as we need to go for the decision of this case . . . . If he is neglige nt, where danger is to be oreseen, a liability will follow† Donoghue v. Stevenson  [1932] The case of  Donoghue v. Stevenson  [1932] illustrates the law of negligence, laying the foundations of the  fault  principle around the Commonwealth. The Plaintiff, Donoghue, drank ginger beer given to her by a friend, who bought it from a shop. The beer was supplied by a manufacturer, Stevenson in Scotland. While drinking the drink, Donoghue discovered the remains of an allegedly decomposed  slug. She then sued Stevenson, though there was no relationship of contract, as the friend had made the payment.As there was no  contract,  the doctrine of  privity  prevented a direct action against the manufacturer. In his ruling, justice Lord MacMillan defined a new category of delict (the Scots law nearest equivalent of tort), ( based on â€Å"implied warranty of fitness of a product† in a completely different category of tort–â€Å"products liability†) b ecause it was analogous to previous cases about people hurting each other. Lord Atkin interpreted the biblical passages to ‘love thy neighbour,' as the legal requirement to ‘not harm thy neighbour. He then went on to define neighbour as â€Å"persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question. Reasonably foreseeable harm must be compensated†. This is the first principle of negligence. Breach of the Duty The test is both subjective and objective. The defendant who knowingly (subjective) exposes the plaintiff/claimant to a substantial risk of loss, breaches that duty.The defendant who fails to realize the substantial risk of loss to the plaintiff/claimant, which any  reasonable person  [objective] in the same situation would clearly have realized, also breaches that duty. Breach of duty is not limited to professionals or persons under written or oral contract; all members of society have a duty to exercise reasonable care toward others and their property. A person who engages in activities that pose an unreasonable risk toward others and their property that actually results in harm, breaches their duty of reasonable care.An example is shown in the facts of  Bolton v. Stone,[5]  a 1951 legal case decided by the  House of Lords  which established that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. In the case, a Miss Stone was struck on the head by a cricket ball while standing outside her house. Cricket balls were not normally hit a far enough distance to pose a danger to people standing as far away as was Miss Stone.Although she was injured, the court held that she did not have a legitimate claim because the danger was not sufficiently foreseeable. Causation For a defendant to be held  liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. Although the notion sounds simple, the causation between one's breach of duty and the harm that results to another can at times be very complicated. The basic test is to ask whether the injury would have occurred but for, or without, the accused party's breach of the duty owed to the injured party.Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused. Sometimes causation is one part of a multi-stage test for legal liability. For example for the defendant to be held liable for the tort of negligence, the defendant must have (1) owed the plaintiff a  duty of care; (2) breached that duty; (3) by so doing caused  damage  to the plaintiff; and (4) that damage must not have been too remote. Causation is but one component of the tort.On other occasions causation is the only r equirement for legal liability (other than the fact that the outcome is proscribed). For example in the law ofproduct liability, the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The defendant need not also have been negligent. On still other occasions, causation is irrelevant to legal liability altogether. For example, under a contract of  indemnity insurance, the  insurer  agrees to indemnify the  victim  for harm not caused by the insurer, but by other parties.Where establishing causation is required to establish legal liability, it is usually said that it involves a two-stage inquiry. The first stage involves establishing ‘factual’ causation. Did the defendant act in the plaintiff’s loss? This must be established before inquiring into legal causation. The second stage involves establishing ‘legal’ causation. This is often a question of public policy: is this the sort of situation in which, d espite the outcome of the factual enquiry, we might nevertheless release the defendant from liability, or impose liability?

Tuesday, October 22, 2019

The Proteinuria In Childhood Health And Social Care Essay

Proteins are a major constituent of all our organic structure parts, including musculuss, castanetss, hair, and nails. Proteins that circulate in our blood stream besides carry out a figure of of import maps. They help to keep our organic structure maps such as protecting from infection, blood curdling and maintaining the right sum of fluid go arounding around our organic structures, so it is indispensable to keep the right degrees of proteins in our organic structures because of that albuminuria should go a disease which we should pay much attending. The prevalence of stray albuminuria ( symptomless albuminuria ) detected by everyday uranalysis of kids who aged 7-15 old ages were shown to be approximately 10 % although this decreases to 0.1 per centum at repeated testing ( 1 ) . A survey numbering mass showing of school-aged kids in Asia revealed similar findings. The happening increases with age, extremums during adolescence, and is higher in misss. The of import thing is distinction the kid who has proteinuria associated to nephritic diseases, if non healthy kid with transient or benign status of albuminuria. Research shows that type and the degree of albuminuria is a good index of the grade of kidney harm and an earlier warning of developing progressive kidney disease. I hope to discourse about the pathophysiology, etiology, measurings, mark and symptoms, direction and new clinical probes sing albuminuria.What is albuminuria ( in kids ) ?Albuminurias means presence of proteins in inordinate sum, transcending their normal scope in piss. The undermentioned chart shows normal scope of protein elimination harmonizing to the age preferring their organic structure size. Children have somewhat higher usual rate of protein elimination than grownups. Age group Entire protein ( mg per 24 hours ) Entire protein ( mg per M2 per 24 hours ) 95 per centum assurance bounds ( mg per M2 per 24 hours ) 5 to 30 twenty-four hours ( premature ) 29 182 88 to 377 7 to 30 yearss ( full term ) 32 145 68 to 309 2 to 12 months ( baby ) 38 109 48 to 244 2 to 4 old ages ( kid ) 49 91 37 to 223 4 to 10 old ages 71 85 31 to 234 10 to 16 old ages 83 63 22 to 181 Physiologically most healthy kids excrete little sums of protein in their piss. Newborn babies shows highest sum of protein elimination, when corrected for organic structure surface country. Then it decreases with the age until late adolescence. Urinary proteins consist of many of import proteins such as albumen, other plasma proteins, proteins arising in the kidney and urinary piece of land, and chiefly Tamm-Horsfall protein ( uromodulin ) . The normal mention scope of childhood albuminuria is 100mg/m3/day.Mechanism of albuminuria in kidsIn the kidney, fluid that resembles plasma is filtrated from the glomerular capillaries into the nephritic tubules which called as glomerular filtration. This glomerular barrier consists of three beds. They are, Capillary endothelium The cellar membrane Specialized epithelial tissue of the capsule which is made up of Podocytes. In the healthy persons, negligible protein sum is filtrated because of both size selectivity and the charge. Filtration barrier contains negatively charged proteins named sialoproteins and proteoglycans such as heparan sulphate. So this barrier can drive the negatively charged proteins. Fixed collagen net within cellar membrane, podocytes with their interdigitating processes serve as successful size barrier. Low molecular weight proteins can be filtrated by the glomerulus and absorbed by proximal nephritic tubules. Some of them are microglobulin, ? microglobulin, vitamin A1 adhering protein like insulin ( 3, 4 ) . Most of the protein in urine comes from caducous cannular cells ( 5 ) . We can categorise albuminurias harmonizing to mechanism of albuminuria under three headers. They are glomerular albuminurias, cannular albuminuria, secretory albuminuria. Glomerular albuminuria Glomerular albuminuria is caused by increasing permeableness of capillary endothelium. This may run from & A ; lt ; 1g to & A ; gt ; 30g/24hr ( 1 ) . This can be categorized into selective and nonselective glomerular albuminuria. In selective glomerular albuminurias low molecular weight plasma proteins can be loss, together with albumen. In non selective glomerular albuminuria, proteins with big molecular weight such as IgG can be loss. Mesangial proliferative glomerulonephritis, amylodosis, segmental glomeruloclerosis, membranous kidney disease are some of the upset characters of glomerular albuminuria. Acute and chronic glomerulonephritis can be due to damage glomerular cellar membrane, increasing the permeableness for plasma proteins. In inborn or minimum nephrotic syndrome, diminishing anionic charge of glomerular cellar membrane can do to loss of albumen. In recent yesteryear, patients who have proteinuria with reduced nephritic mass besides can be found in a great trade of attention-grabbing. Experiments sing this reveal that staying uriniferous tubules are affecting in hyperfiltration taking to progressive glomeruloclerosis ( 7 ) . Glomerular albuminuria should be suspected by first forenoon urine protein/creatinine ratio & A ; gt ; 1.0 or albuminurias with any degree, together with hydrops, high blood pressure, nephritic disfunction and haematuria. Tubular albuminuria In healthy people great sum of proteins which has low molecular weight than albumens such as ?2 microglobulin, Ig visible radiation ironss, retinal binding protein and amino acids are filtrated and later reabsorbed by the proximal tubules ( 8 ) . In tubulointerstitial diseases, these filtered protein are lost in the piss due to a defect in cannular epithelial. Tubular albuminuria can be inherited or acquired upset may be with glycosuria, aminoaciduria and phosphaturia. The relatively high protein elimination can be observed in newborns represents cannular albuminurias owing to immatureness of their nephritic map. Glomerular albuminuria and cannular albuminurias can be distinguished by cataphoresis of the protein sample. Not like the glomerular albuminuria in cannular albuminurias really small sum of albumen can be detected. Secretory albuminuria Secretory albuminuria is owing to oversecretion of tissue proteins in the tubules, particularly oversecretion of Tamm-Horsfall protein from the epithelial cell of the cringle in Henle. Tamm- Horsfall protein has been shown to leak into the inerstium inexperimental reflux kidney disease, clogging uropathy and some tubulointerstitial upsets ( 8 ) .Measurements of albuminuriaThe dipstick trial The urine dipstick trial gives a qualitative judgement of urinary protein elimination. The tetrabromophenol bluish colorimetric method is used by the urine dipstick trial, which is by and large used as testing method. The strength of coloring material alterations from yellow to blue correlatives with the sum of protein in the piss. Albuminuria is chiefly detected by this trial and less sensitive to other signifiers of proteins specially which has low molecular weight. This trial is sensitive to albumin concentration every bit low as 15mg/dL. But it is non satisfactorily sensitive for mensurating albumen in the scope of microalbuminuria. The dipstick is reported as negative, hint ( 10-20 milligram per deciliter ) , 1+ ( 30 milligram per deciliter ) , 2+ ( 100 milligram per deciliter ) , 3+ ( 300 milligram per deciliter ) , and 4+ ( 1,000 milligram per deciliter or greater ) ( 6 ) . But with the dilute piss ( specific gravitation & A ; lt ; 1.002 ) and acidic piss which has low pH valu e than 4.5 and in a disease status which the major urine protein is non albumin can give false negative consequences. False positive consequences can be given with alkalic piss ( pH & A ; gt ; 8 ) , concentrated piss ( specific gravitation & A ; gt ; 1.030 ) , gross haematuria, bacteriuria, taint with antiseptic agents. A dipstick should be considered positive for protein if it registers & A ; gt ; 1+ ( 30 mg/dL ) in urine sample in which the particular gravitation is & A ; lt ; 1.015. If the specific gravitation is & A ; gt ; 1.015, the dipstick must read & amp ; gt ; 2+ to be considered clinically important. Sulfosalicylic acid trial To corroborate the positive consequences of the dipstick trial another trial must be done by utilizing sulfosalicylic acid. Because this trial can observe all categories of proteins. In the trial three beads of sulfosalicylic acid are added to 5 milliliter of piss. So this causes to change over the solution into acidic taking to the precipitation of proteins. But this besides can give false negative consequences due to diluite urine. False positive consequences can take topographic point owing to happening of radiographic contrast stuffs ( 9 ) . Spot urine protein/creatinine ( UPr/Cr ) trial Children with positive consequences for dipstick trial with relentless albuminuria should travel through the more precise topographic point urine protein/creatinine ( UPr/Cr ) trial which gives quantitative measuring of proteins in the piss. The normal ratio for random urine protein/creatinine ratio in younger kids than 2 old ages is & A ; lt ; 0.5, in kids 2 twelvemonth of age or older is & A ; lt ; 0.2. A ratio & A ; gt ; 3 reveals the nephrotic scope of albuminuria. If a kid is given ( UPr/Cr ) 2 & A ; gt ; ratio & A ; gt ; 0.2, it is required to obtain a 24 hour urine aggregation. It has found that in kids with terrible malnutrition, serum and urine creatinine degrees depend on musculus mass, because of that the ratio is non valid. However acquiring random protein/creatinine ratio is a convenient method for gauging urine protein elimination alternatively of acquiring a 24-hour piss aggregation which gives more precise information. But it may be a ground to inaccurate consequences because 20 four-hour urine aggregations are non practical in kids in nappies, and although the kid is potty-trained. To measure the truth of the 24 hr urine sample, it may be helpful in mensurating the sum of creatinine. Steady-state day-to-day creatinine elimination is 20 mg/kg in kids from 1 to 12 old ages of age and 22 to 25 mg/kg in older kids. Girls show lower values in creatinine elimination. Normal protein elimination in kids in 24 hr urine aggregation is defined as & A ; lt ; 4 mg/m2/hr, unnatural is defined as 4-40 mg/m2/hr, nephrotic scope albuminuria is defined as & A ; gt ; 40 mg/m2/hr ( 9 ) . other methods Another of import and most normally used quantitative methods in mensurating protein eliminations are the Coomassie Brilliant Blue dye-binding methods, the Ponceau-S method and Benzethonium chloride method. Low-molecular-weight proteins such as ?2 microglobulin can be straight ditected by Urinary protein cataphoresis. But this will be done in particular state of affairss and it is non a portion of the everyday rating of a kid with albuminuria. Similarly, the finding of microalbuminuria in diabetic kids requires the usage of more sensitive methods such as radioimmunoassay or enzyme-linked immunosorbent check ( 10 ) .The etiologyThe etiology of albuminuria in kids is varied, but harmonizing to the clinical timing and frequence of the job, albuminuria can be categorized under three conditions. They are transeunt albuminurias, orthostatic albuminuria and relentless albuminuria. The orthostatic and transeunt signifiers are benign and more common. Persistent albuminuria may be associated w ith implicit in nephritic diseases and requires farther probes. Transient albuminuria Transient albuminuria is impermanent and 30 % – 50 % of the kids with albuminuria belong to this class ( 10 ) . This can go on owing to strenuous exercising, febrility, emphasis, exposure to cold, abdominal surgery, ictuss, desiccation, heat failure and besides due to hemodynamic changes in glomerular blood flow. After stoping of those factors transient albuminuria resolutenesss impetuously. So any therapy or intervention is non needed for kids who have this benign status. Children who have symptomless isolated albuminuria, dipstick trial demands to be repeated hebdomadal no less than two occasions to make up one's mind the albuminuria was non transeunt. If the albuminuria disappears on repetition testing, so it is likely transient. Orthostatic albuminuria Orthostatic albuminuria or postural albuminuria is frequent in kids. Orthostatic albuminuria is affecting in 60 % of all instances of symptomless albuminuria reported in kids. Children with orthostatic albuminurias excrete negligible sum of proteins in supine place. But in the unsloped place protein elimination with the piss is raised up to 10 creases, up to 1000mg/24hr ( 1 ) . Hypertension, nephritic disfunction, hypoalbuminaemia, and haematurias are non present. If all research lab trials are normal apart from persistently elevated protein elimination, farther experiments should be done to govern out or corroborate orthostatic albuminuria. The kid is asked to empty his/her vesica, merely earlier traveling to bed at dark and collects the first urine sample in the following forenoon instantly after originating. Orthostatic albuminuria will be confirmed by the absence of proteins in the first urine sample for three back-to-back yearss. If the early forenoon urine protein/creatinine ( UPr/Cr ) ratio is & A ; lt ; 0.2 mg/mg or the protein elimination in the piss collected from lying/supine place is & A ; lt ; 60mg/m2/day are declarative values of orthostatic albuminurias ( 11 ) . The cause of orthostatic albuminuria is unknown ; nevertheless, partial nephritic vena obstructors in the unsloped place and nephritic hemodynamic alterations have been suggested. Persistent albuminuria Persistent albuminurias can be verified by first urine sample on three back-to-back yearss. Valuess of relentless albuminurias are, protein elimination greater than 4 mg/m2/hr in a 24 hr urine aggregation or topographic point urine protein/creatinine ratio greater than 0.2 mg/mg ) in a urine sample ( 1 ) . This can be pointed out under glomerular or cannular beginning, which I have discussed earlier. Further experiments are needed, to except relentless albuminurias from any implicit in nephritic pathology. Causes for albuminurias are more common than tubulointerstitial causes for albuminuria. We can acknowledge so many different implicit in causes for relentless albuminuria. Specially diabetes mellitus and high blood force per unit area can do harm to the kidney which lead to albuminurias, but they are non outstanding in kids. Research workers have shown that race and ethnicity besides have some consequence on developing albuminuria. African, American, Hispanic, Native American and P acific Islanders illustrations are more likely than Whites to hold albuminurias ( 12 ) . Other causes include, primary and secondary glomerulonephropathy, Collagen vascular disease, medicines, injury, toxic conditions, infections, malignances and immune system upsets. Multiple myeloma and amyloidosis can besides take to proteinuria by increasing production of proteins ( 11 ) . Examples for some of them are listed below.Cause to relentless albuminuria and its clinical characteristics.Glomerular diseases Clinical characteristics Focal segmental glomerulosclerosis haematuria, high blood pressure, oliguria, presence of ruddy blood cells, white blood cells, and cellular dramatis personaes in urine, nephrotic-range albuminuria, hypoalbuminaemia, lipemia Congenital nephrotic syndrome hydrops at birth or during first hebdomad of life, hypoalbuminaemia, lipemia IgA kidney disease Normally older than 10 old ages, haematuria, high blood pressure, oliguria, presence of ruddy blood cells, white blood cells, and cellular dramatis personaes in piss. Membranoproliferative glomerulonepritis haematuria, high blood pressure, oliguria, presence of ruddy blood cells, white blood cells, and cellular dramatis personaes in piss Henoch-Sch & A ; ouml ; nlein purpura cellular dramatis personaes on uranalysis Diabetess mellitus elevated fasting blood glucose, glycosuria, weight loss Malignancies weight loss, cachexy Tubular disease Acute cannular mortification nephritic cannular epithelial cell dramatis personaes on uranalysis, elevated serum creatinine Acute tubulointerstitial Bright's disease acute rise in serum creatinine degree, eosinophilia, white blood cells casts on uranalysis Polycystic kidney disease haematuria, high blood pressure, nephritic inadequacy, nephromegaly, ruddy blood cells on uranalysis, elevated serum creatinine Toxins elevated degree of the toxin Proximal nephritic cannular acidosis acidic piss, glycosuria, aminoaciduria, growing failure, polyuriaSymptoms and marks in kids with albuminuriaClinical characteristics which related to the causes of the albuminuria, can be taken as symptoms and marks associated with relevant conditions of albuminuria, which were given in the tabular array above. Research shows most of the kids with albuminurias will non detect any unnatural mark or symptoms sing this. In kids, differential diagnosing of albuminuria has a big assortment of symptoms and marks. But in inordinate grade of albuminuria, it has some common characteristics related to nephritic disease. Some of them are edema, growing failure and high blood pressure. Their piss may look foamy in lavatories, due to presence of big sums of protein. Although edema formation is non good understood, it can explicate like this. In most cases, monolithic protein loss with urine consequences in hypoproteinaemia and hypoalbuminaemia, which leads to cut down the plasma oncotic force per unit area and transudate of fluid from the intravascular compartment to the interstitial infinite, leads to roll up hydrops fluid in tissues result in periorbital, presacral, venereal, or ankle hydrops. The decrease in intravascular volume decreases nephritic perfusion force per unit area, triping the rennin-angiotensin system. This system acts on adrenal secretory organs to release aldosterone. Both rennin-angiotensin system and aldosterone stimulate the cannular resorption of Na and H2O which leads to high blood pressure.Management of albuminuria in childhoodA complete history of the kid must be taken as the initial rating of albuminuria. History of the nephritic disease, alterations in urine end product, alterations in weight, gross haematuria and re cent upper respiratory infections, should be included for a complete history. First a quantitative measuring should be come into procedure utilizing random or 24 hr aggregation for the UPr/Cr ratio. Parents can liberate from concern if the albuminuria is transeunt or orthostatic and the kid is symptomless. But the kid should be followed by sing a physician and must take the ratio UPR /Cr in each visit. If relentless albuminuria is recognized, intervention procedure depends on the sum of proteins in the piss. If the entire protein elimination is & A ; lt ; 1g/24hr or UPR / Cr is less than 1.0, kid should see physician one time for six months. If the albuminuria exists more than a twelvemonth, kid should travel through a nephritic biopsy. If the entire protein elimination is & A ; gt ; 1g/24hr, a uranalysis should be performed and the physical scrutiny should be done, which consists of measurings of tallness, designation of hydrops, ascites, weight and blood force per unit area, skin lividness and tactual exploration of the kidneys in newborn babies. Then a blood sample must be taken for finding of electrolytes, creatinine, complete blood count, blood urea N and entire protein albumen every six to 12 months. The intervention of relentless albuminurias should be aimed towards the implicit in cause. Renal echography may be helpful to separate anatomical or inborn abnormalcies such as p olycystic kidneys in immature kids ( less than six old ages of age ) . If a kid shows elevated creatinine degrees or hypocomplementaemia or haematuria, a chronic glomerular disease may be present. When urinary protein elimination is in the nephrotic scope ( UPr/Cr & A ; gt ; 3.0 ) , even without hydrops, and the kid is younger than six old ages of age, idiopathic nephrotic syndrome can be expected and a test of corticosteroid therapy should be performed. So a kid with idiopathic nephrotic syndrome should be given a test of Orasone ( 2 mg/kg/day, or 60 mg/m2/day to a upper limit of 80 mg/day ) in up to three divided doses for four to six hebdomads, followed by intervention on other every twenty-four hours for another four to six hebdomads ( 13 ) . Second-line therapy ( cyclophosphamide, Leukeran [ Leukeran ] , cyclosporine [ Sandimmune ] ) may be necessary if steroid intervention fails or inauspicious effects are intolerable ( 7 ) . If the patient has nephrotic scope protein elimination and if that kid is older than six twelvemonth of age, idiopathic nephrotic syndrome can non be expected. So the type of the disease responsible for the nephrotic syndrome can be identified by a nephritic biopsy and a referral to a paediatric nephrologist. Angiotensin-converting enzyme ( ACE ) inhibitor and/or angiotensin-II receptor blocker can be given to the patient with albuminuria as a consequence of nephritic disfunction. It will assist to decrease albuminurias and slow patterned advance of nephritic disease. The kid should travel through a farther unequivocal diagnosing, which is done by a paediatric nephrologist. In recent National Guidelines for the direction of kidney disease NICE ( National institute for Health and Clinical Excellence ) recommends that people with kidney disease and albuminuria should hold systolic blood force per unit area between 120mmHg and 130mmHg and the diastolic blood force per unit area to be less than 80mmHg, as it helps to protect the kidney ( 14 ) . Excessive limitations on the kid ‘s day-to-day life and physical activity are non required. It has been recognized dietetic protein supplementation to reconstruct the loss of protein is non recommended as it may be harmful. Taking inordinate sums of salt is non desirable and if edema develops, precise salt limitation may be necessary.New clinical probeResearch workers in Canada late reported that high doses of the anti-hypertensive drug ; Candesartan Cilexetil could cut down albuminurias. This drug is an angiotensin-II receptor blocker. It besides has an consequence on fibrosis and redness in the kidney which helps to decelerate the kidney failure in this disease status ( 15 ) . Nutcracker syndrome may be an of import disease status of orthostatic albuminuria in kids. The patients with orthostatic albuminurias have unnatural degrees of anteroposterior diameter and peak speed at the hilar and aorto-mesenteric part of the left nephritic vena. This has been investigated by Doppler echography ( 16 ) . An albumin elimination in the scope of microalbuminuria is now known to be an early index of diabetic glomerular disease and systemic endothelial disfunction and is a utile predictive marker for future cardiovascular events ( 17 ) .DecisionProteinuria is a common research lab determination in kids. Pathophysiology of albuminurias can chiefly depend on either glomerular or cannular defects. A speedy but qualitative appraisal of albuminurias can be taken utilizing dipstick and sulfosalicylic acid methods. More accurate quantitation is obtained by mensurating protein elimination in 24-hour urine samples or by taking the protein/creatinine ratio in random urine samples. Frequently it can be recognized as either a transient or orthostatic in the signifier of benign status. Orthostatic albuminuria is characterized by the presence of protein in urine samples collected in the unsloped place. Persistent albuminuria is associated with serious nephritic diseases. Clinical characteristics from t he history, physical scrutiny, and research lab trials help to happen out the cause of albuminuria. If the albuminuria is transeunt or orthostatic, particular interventions are non required. But farther interventions and research lab trials are mandatory, when refering about the implicit in disease, if the status is relentless.