Harmful Effects of Embalming Fluid

Harmful Effects of Embalming Fluid Both formaldehyde and glutaraldehyde based embalming solutions are widely used in preserving dead bodies and in pathology, forensic medicine and museums. Phenoxyethanol may be an alternative to them. Each of them has its merits and demerits but none of them is totally non-toxic. This review is about various possible adverse effects of these embalmbing solutions. Key words: Embalming solutions, Formaldehyde, Glutaraldehyde and Phenoxyethanol. Introduction After death human body starts putrefaction, to prevent this process embalming is required. By this process dead body retains its morphological characteristics for a longer time period. Later on this preserved body is used in medical institutes for the study of anatomy by students. Anatomy is the backbone in medical curriculum in which students learn the external and internal structures of human body in detail. Moreover embalming procedure can also be used to keep dead bodies intact during transportation. Besides this, embalming solution is essential constituent in preservation of parts in pathology, forensic medicine and museums. These solutions contain number of chemicals mixed in appropriate ratio for their specific purposes. Important constituents are preservatives, buffers, anticoagulants, germicides, fungicides, perfuming agents, hygroscopic agents, dyes, etc. An ideal embalming solution should neither alter the natural structures including color of the specimen, nor have any type of adverse effects in form of topical or systemic. It should also prevent growth of insects and maggots and the putrefaction process. All these characteristics are usually not found in the routinely used embalming solutions. Therefore it becomes an important issue to educate the persons regarding the possible damages produced by the embalming solutions. This review article has been written with intention to give the information regarding components used in the embalming solutions their advantages and disadvantages. Important chemicals like formaldehyde, glutarldehyde, methyl alcohol, phenol, glycerine, oil of winter green, eosine solution, phenoxy ethanol are used to make the embalming solutions. Depending upon the concentration of individual chemical these solutions have been grouped in to three types: (a)Formaldehyde based embalming solution, (b) Glutaraldehyde based embalming solution and (c) Phenoxyethanol based embalming solution. Formaldehyde Formaldehyde (HCHO) is most commonly used chemical for embalming purposes. Formaldehyde is a colorless gas with a strong, suffocating odor. It is often mixed with alcohol to make liquid called formalin. The largest source of formaldehyde is the chemical manufacturing industry. Formaldehyde is found in cigarette smoke and also can be formed in the environment during the burning of fuels or household waste. Very small amount of formaldehyde is found naturally in the human body. Formaldehyde is a popular chemical because of its low cost and can be used for many purposes like making furniture, wall paneling, etc. Formaldehyde also can be used as germicide and preservative. It is also found in items such as dyes, textiles, plastics, paper products, fertilizer, and cosmetics. Formaldehyde solutions are used as a fixative for microscopy and histology. Formaldehyde-based solutions are also used in embalming to disinfect and temporarily preserve human and animal remains. The concentration of formaldehyde is usually expressed in terms of parts per million (1 ppm = 1.248 mg/cu.m.). This is prepared by mixing the commercially available formalin solution with tap water in the proportion of 3:1 [1]. The use of formaldehyde in preserving the tissues, organs, and body parts is very common. Technicians in histology laboratory, students in anatomy classes, are exposed to this solution. Formaldehyde has been known to produce allergy, contact dermatitis, eczema, irritation and inflammation to mucus membranes, and if ingested can produce systemic toxicity which can be fatal. This also has tendency to produce mutations and development of malignancy. Permissible limits of occupational exposure to formaldehyde are 3 ppm in a time weight average breathing zone during an 8-hour period, a ceiling concentration of 5 ppm and an acceptable maximum peak of 10 ppm for no longer than 30 minutes during a one day shift. To reduce the toxic potential of formalin it needs to be buffered by additio n of a small quantity of Sodium tetraborate to get a slightly alkaline solution with a pH of 7.2. This buffered formalin needs to be freshly prepared just before preparing the embalming fluid. These chemicals are mixed to make an embalming fluid. Occupational exposure to formaldehyde by inhalation is mainly from three types of sources: thermal or chemical decomposition of formaldehyde-based resins, formaldehyde emission from aqueous solutions (for example, embalming fluids), and the production of formaldehyde resulting from the combustion of a variety of organic compounds (for example, exhaust gases) [2]. Once absorbed, formaldehyde is very quickly broken down. Almost every tissue in the body has the ability to break down formaldehyde. It is usually converted to a non-toxic chemical called formate, which is excreted in the urine and is converted to carbon dioxide and breathed out of the body. But formaldehyde can be toxic, allergenic, and carcinogenic [3]. Acute exposure of formalin adversely affects pulmonary system. It may decrease vital capacity much more as compared to other pulmonary parameters. This may be attributed to bronchoconstriction produced by formalin [4]. Experimental studies have shown that exposure of formal dehyde may damage liver. This destruction is directly proportional to the length of exposure of formaldehyde. Few clinical studies have also shown the damaging effect of formaldehyde on liver of human beings. The hepatic damage occurs in form of congestion of hepatic parenchyma and elevation of hepatic enzymes [5-7]. Neurological toxicities after exposure to formaldehyde in human beings are manifested in form of fatigue, headache, myalgia etc. If toxicity is due to formaldehyde ingestion, person may have loss of memory, seizures, altered behavior, altered consciousness and in severe cases coma. Animal exposure of formaldehyde has shown brain damage in form of altered neurotransmission. The main neurotransmitter changes are increased serotonin and dopamine metabolites in hypothalamus [8, 9]. Hematopoietic system is not much affected by the formaldehyde exposure. However intravascular coagulopathy, alteration of red cell count and hemoglobin concentration has been reported in some stu dies [8]. Gastrointestinal tract is not much affected when exposure is through inhalation. However, when ingested it may adversely affect the GIT. If toxic dose of formaldehyde is ingested it produces inflammatory lesions of orophyarnx, soft palate, pharaynx, epiglottis, esophagous, stomach. These lesions are due to contact irritant and corrosive nature of formaldehyde. The lesion may be in form of ulcerations and necrosis. Clinically this toxicity manifests in form of abdominal cramps, vomiting, haematemasis, malena, altered gut motility etc. Chronic ingestion of formaldehyde may also give rise to gastric and esophageal malignancies [8-10]. Though renal system is not a major target of formaldehyde metabolism, however risk of renal failure and anuria is there in persons acutely exposed to the formaldehyde. The animal experiments have shown that formaldehyde can produce renal papillary necrosis, polyuria, increased blood nitrogen [9]. Formaldehyde is a skin irritant and dermal sensit ization agent. Contact dermatitis, allergic dermatitis, erythema, epidermal hyperplasia have been shown to occur due to chronic exposure of formaldehyde in animals as well as in human beings [11]. Air born formaldehyde exposure most frequently produces eye irritation. Endocrine system and reproductive organs are minimally affected [12]. Formaldehyde may have mutagenic and carcinogenic potential. Out of all cancers nasopharyngeal cancer has been well established to have association with formaldehyde exposure. Fortunately formaldehyde has not been correlated with teratogenic potential [13-15]. To reduce the risk of damage due to formaldehyde, certain measures can be adopted. Replacing the formaldehyde with less hazardous chemical, reducing the concentration of formaldehyde in the solution, proper storage of product, closing the jar when not used, disposal of exposed clothes are some of them. Facility of fume hood just at the site of embalming, wearing personal protective equipments like face mask, safety goggles, self contained breathing apparatus, gloves, water proof smock, head gear etc further reduces the chances of exposure. Careful monitoring of lung function tests, chest x-ray, allergy testing, and examination of eyes time to time should be adopted. Other important work practices recommended are labeling the container, educating employee regarding the possible adverse effects, monitoring the air concentration of the room, avoiding eating and smoking at work place. Formaldehyde is inflammable and precautions to prevent fire should be taken. Any spill should be immedia tely informed. If spill occurs evacuate the room and reach to the safe place, eliminate all ignition points, spread the dry sand over the chemical, ventilate area. If contact has occurred the person should wash skin, eyes, remove contaminated clothing and should be treated as an emergency [16]. Glutaraldehyde Glutaraldehyde an aliphatic dialdehyde is a colorless liquid with pungent smell. It is one of the best biocide agents for disinfection and sterilization at hospitals. This is very widely used in medical, scientific, and industrial application. As fixator in histochemistry and microscopy, tanning agent and as ingredients in cosmetics and pharmaceuticals are some of the important uses of gluteraldehyde pharmaceuticals [17, 18]. Radiologists use gluteraldehyde as hardener in x-ray developing solution [19]. Though considered a relatively safe, it possesses irritating and corrosive properties. The strength of gluteraldehyde may vary from 1 to 50% [20]. This variable concentration exposure may give rise multiple unexpected toxic effects. In general due to its corrosive and irritant effects it produces throat irritation, nasal bleeding, burning eyes, precipitation of asthma and sneezing [21]. Due to its tanning effect it also discolors the hands of handling persons. Large acute dose can pre cipitate severe headache, vomiting, and altered consciousness. The persons commonly exposed to glutaraldehyde are staff workers involved in sterilization of endoscopes, dialyzing machine, research workers, and x-ray film developers. Glutaraldehyde exhibits superior properties to formaldehyde in relation to the fixation, disinfection and sterilization. It is more effective in less concentration and in less time exposure as compared to formaldehyde. Regarding the embalming properties, glutaraldeyde is slow diffusing, but develops rapid irreversible reactions with the body proteins. This is in contrast to the formaldehyde which is fast diffuser, but produces reversible reactions with proteins. This characteristic of glutaraldehyde favors its use as embalming solution. Only disadvantage of glutaraldehyde as embalming solution is the slow tissue perfusion resulting in appearance of signs of embalmation very late. Hardening and stiffening of body occurs after long duration. So the body ha s life like appearance for a longer time. Another advantage of glutaraldehyde is that reactions are less affected by pH alterations and it reacts even at the higher pH where formaldehyde becomes inactive. Because of slow diffusion and perfusion rate glutaraldehyde reacts less with blood and blood perfused tissues. This leads to minimum coagulation and more clearing of blood from tissues. This persevered tissue becomes clearer in appearance. However, if glutaraldehyde solution is kept for long time yellowish tanning and darkening of tissues occur. Regarding the toxic potential of glutaraldehyde, it is relatively safe but numbers of animal studies have indicated that oral ingestion can produce gastrointestinal damage, alteration of behavior, precipitation of seizures. Local external contact has tendency to produce contact dermatitis, brown discoloration of skin, exfoliation of skin, conjunctivitis. Vapor inhalation of glutaraldehyde may precipitate bronchospasm, nasal discharge, excessive lacrimation, salivation, and dyspnoea [22]. Another drawback of glutaraldehyde is that it may produce photosensitivity to the ultra-violet rays. This may be responsible for the erythematous lesions after sun exposure. There is no proven risk of glutaraldehyde as genotoxic and mutagenic agent but most of the studies are based on animals. Therefore chances of mutagenicity, genotoxicity, and carcinogenicity cannot be excluded in humans. The persons exposed to glutaraldehyde for long duration should undergo through regular medical checkups. The te ratogenic potential has not been reported in animal studies but if possible the exposure of glutaraldehyde should be avoided during pregnancy and lactation [23]. Phenoxyethanol Phenoxyethonol also known as phenoxytol or phenoxyethyl alcohol is a colorless or light yellow, viscos liquid. This is a strong oxidizing agent. It is incompatible with acidic solutions and also has combustible property. Phenoxyethanol is a modern antimicrobial preservative. Presently this is used as common preservative in diphtheria, tetanus, and pertusis vaccine. This inactivates both bacterial and fungal growth. Other use of phenoxyethanol is as preservative of cosmetic materials. Due to its ability to inhibit phagocyte activity it is supposed to be toxic to all cells. Moreover it can alter the immunity of the exposed persons. As for the other alternative chemicals in place of formaldehyde, Frolich et al in 1984 tried using phenoxyethanol as its non-toxic substitute. It proved to be impractical as the amount required was large, i.e., about 600 litres for each cadaver needing continuous emersion to prevent mould formation and the fixation process taking 5 to 10 months [24]. Various adverse effects by Phenoxyethanol can be: central nervous depression, nausea, vomiting, sometimes diarrhea, prominent headache, later abdominal lumbar pain, costovertebral angle tenderness, transient polyuria then oliguria, progressing to anuria, acute renal failure, less critical pathological lesions may appear in brain, lungs, liver, meninges heart  [25]. Other components which are used in embalming solution are methyl alcohol, carbolic acid, sodium tetraborate, glycerine, eucalyptus oil, and eosine. Methyl alcohol helps in precipitation of proteins and reducing contamination. This also helps in dispersion of formaldehyde into the body tissues. Carbolic acid helps by its germicidal and fungicidal actions. Sodium tetraborate is used as buffer agent and stabilizing agent. Eucalyptus oil acts as perfume and eosine helps in giving the reddish color to the tissues. Conclusion Considering all the characters of chemicals used in embalming solution one can see that it is impractical to find out non toxic embalming solution. The person involved in process of embalming as well as students should be taught regarding the possible hazardous effects and methods to minimize. The place should be well equipped for handling of any emergency condition. Each one involved should be taught regarding the procedures of basic life supports. If any untoward incidence happens the person should be stabilized by basic life support followed by shifting to the place equipped with advance life support system.

Osama bin Laden

Qaeda terror group. Initially the group denied involvement, but then as time went on they admitted to having been behind the attacks. Some of the reasons the listed for the attacks were: Us support of Israel, because of attacks against Muslims in Russia, Somalia, and the Middle East, and against the US troops in Saudi Arabia, and the US sanctions against Iraq. This led to one of the largest manhunts in the world, for AY-Qaeda leader, Osama Bin Laden.The manhunt lasted for ten years before he was caught and killed. This was an attack that would change the United States forever. It created a reason for the security and anti-terror measures that we have today. It is the reason why planes are so heavily guarded, and why so many counter-terror measures are in effect today. It was the cause of 2996 deaths including the hijackers. The attacks led to FBI operation PENITENT, which is the largest military investigation still to date. It also had an impact far beyond any security or civil ones mentioned.It had a cultural impact the started thousands of hate crimes against Muslims, or perceived Muslims. It started multiple wars, and triggered thousands more deaths. It was a catalytic event. It is and will be remembered in American history. But different people remember this incident with different memories and reactions. I was four at the time. I can remember a big fuss and something happening, but don't remember any actually details of the attack. My dad however, remembers the incident quite clearly. He talked about having no idea that it would be any day different than normal.He was teaching High school at the time at COB. My mother called to tell him to turn on the radio or the TV and see what was happening. They watched for the next few hours until the towers collapsed and all the information was revealed. The attacks on 9-11 were the worst ever in history. All though thousands died and were injured, it also provided something to rally around. It became a cry to come b ack to God and good values and change the nation. It was one of the biggest events even to happen in our age.

Leadership Skills To Support Strategic Direction Education Essay

Todaies fast altering and much composite concern universe requires much more from a director than it used to a decennary ago, it requires about a perfect person. Some of the most of import accomplishments for a director could be ; clip direction, prioritising the undertakings, puting SMART aims, and good communicating accomplishments. 1: Time Management: Since concern agencies value, so there is nil valuable so clip for concern forces. The astonishing thing of Time Management is that the balance can be decided objectively and could be self-imposed through the usage of the journal. A director might merely make up one's mind that one hr a hebdomad should be devoted to forces issues and would so apportion a regular block of clip to that activity. If the mill is on blazing, or World War III is declared, the director may hold to re-allocate this clip in a same, designated intent. In same manner clip may be allocated for staff preparation. The entire clip spent in pull offing such long term aim is little, but without that proper be aftering it can non be achieved. Once the Personal Time Management is implemented, it is deserving utilizing some of that control to augment your ain calling. Some quiet weekend, you should be after out your ain long term aims and program a path to them. As you set any long term aim, allocate clip to the sub-tasks and supervise your advancement. If you do non be after your fate, you are improbable to acquire at that place. 2: Prioritizing undertakings: To me once the clip direction accomplishment is good developed this accomplishment comes with it, it ‘s merely to cognize how much clip a undertaking demand. Decidedly a director should be capable of prioritising the undertakings for non to lose any valuable chance. 3: Communication accomplishments: To be a good successful director, you have to wish people and be good at pass oning both written and verbal. This is difficult to deny, If you do n't wish interacting with people, it ‘ll be difficult or even impossible to pull off them good. You must hold good personal contacts in your administration. You need relationships that does non intend needfully personal friendly relationships with a just figure of people, that include your ain employees. You must promote and actuate these people to state you what ‘s traveling on and give you feedback about what people are believing about the company and your function in it as a director. 4: Smart obejectives: This means specific, mensurable, accomplishable, relevant, clip edge. This is what a sound minde director must hold. This is some kind of realistic attack evey director should develop. Leadership skills to back up strategic way of org: 1: A good leader has an model character. It is of most importance that a leader is trusty single to take others. A leader must to be trusted by subsidiaries and be known to populate their life with honestness and unity. Real authorization is evolved from regard for the good character and trustiness of the individual who leads. A 2: A good leader is enthusiastic about their responsiblity and besides about their function as leader. People respond more openly warmy to a individual of passion and dedication. Leaderships must be able to be a good beginning of inspiration, a incentive towards the accomplishments. The duties and functions of a leader could be different, the leader needs to be seen to be major portion of the squad working towards the end accomplishment. This sort of leader will non be chilling to turn over up their arms and acquire dirty. A 3: A good leader must be confident. To take and put way a leader needs to look confident as a personality and in the leading function. Such type of individual inspires others and draws out the trust and best attempts of the squad to finish the undertaking good. A leader who give message of assurance towards the proposed aim inspires the best attempt from squad members. A 4: A leader besides needs to work in an orderly and prooerlyl mode in state of affairss of uncertainness. Peoples look to the leader for counsel during times of uncertainness and strangeness and happen reassurance and security when the leader portrays assurance and a positive demeanour. A 5: Good leaders are tolerant of apresure and stay unagitated, composed and steadfast to the chief intent. Storms, emotions, and all these crises come and go and a good leader takes these as portion of the journey and keeps a cool caput. A 6: A good leader allways maintain the chief end in focal point is able to believe analytically. Not merely does a good leader position a state of affairs as a whole, but is able to interrupt it down into sub parts for closer review. Not merely is the end in position but a good leader can interrupt it down into manageable stairss and do advancement towards it. A 7: A good leader is committed to excellence. Second best does non take to success. The good leader non merely maintains high criterions, but besides is proactive in raising the saloon in order to accomplish excellence in all countries PERSONAL SWOT ANALYSIS: 1 ) STREANGTHS: I can pass on really good, this truly helped me a batch during my work at M.C.B and my clients admired me due to this quality at bank. I can work as a leader this quality proved to be helpful in group treatments at work and survey every bit good peculiarly in group undertakings assignments and presentations. I know the mind of my clients, this truly polished me during my occupation at M.C.B and it besides enhanced my professionalism, which is must in practical life. I can follow the guidelines purely of foremans, this helps to stay close to foremans and one who is occupation holder can truly understand that how of import it is. I have good ego control, during occupation this helps a batch when steering the clients this quality keeps me in bounds of any state of affairs. I can work long hours continuously. I ever plan my work efficaciously before get downing even a individual action towards it. During work I met with different people from different backgrounds and civilization, this enhanced my understanding about civilizations. 2 ) Failing: I am a spot weak at mathematical use and I truly felt this during my occupation because I was working with an organisation covering with money, so I remain to much cautious during my occupation. I am sometime a slow worker so it became a hurdle to run into the deadlines and this besides brings some unfavorable judgment organize other co-workers. I take some clip to follow new things this is because I ever like to cognize deep about anything coming new in my manner. I am a spot low tempered individual so erstwhile others may experience that I ‘m non acting in proper manner. I can non digest any sort of ill-mannered behaviour from any one. 3 ) OPPURTUNITIES: During work at M.C.B I truly learned a batch from my seniors from professionalism point of position. Working in fiscal organisation helped me to the regulations purely and expeditiously. With so many clients to cover with it besides brought me the assurance to undertake the different sorts of state of affairss geting with every new client. Working underpresure besides grabbed some staying power to my personality and helped to better my low temper wont. As a new alumnus and with good cognition of new appliances used in modern banking I helped my seniors to do them understand new engineering this besides created regard for me from my seniors 4 ) Menace: Political intervention in organisations is making some jobs for gifted employees. Due to political attack some un qualified individuals are going portion of concern which creates a low quality and criterion of work. Largely these occupations are contract based this brings limited clip to stay in organisation with fright of occupation loss. Technological factor sometime besides brings job for employees because of less staff in physical visual aspect. Personal accomplishments audit: It is a simple work one merely has to do a list of what one is good at and so merely what one demand to better them more. SKILLS AREA I CAN Make THIS WELL OK, BUT I NEED MORE Practices I CA N'T Make THIS PRIORITY DEVELOPMENT OF THIS SKILL 1 = really of import, 2 = rather of import, 3 = non of import ORGANIZATION OF LEARNING I have schemes to assist me to be after and pull off my clip 1 I am able to efficaciously prioritize my undertakings and activities 1 I am able to work to deadlines 2 I am cognizant of what makes my larning more effectual ( e.g. topographic point to analyze, clip to analyze etc ) 2 Information SEEKING Skill I am able to happen a specific book or diary in the library utilizing the online catalogue ( Talisprism ) 2 I am able to utilize a assortment of different beginnings to happen information ( e.g. diaries. books, electronic resources ) 1 I am able to entree and hunt electronic resources ( online databases, electronic diaries CD-ROMs ) 2 I am able to utilize hunt gateways on the Internet to happen information 3 I am able to measure the information I find 1 Reading AND NOTEMAKING I can make up one's mind which parts of a book I need to read 1 I have a system for entering where I find information ( e.g. book, writer, day of the month ) 3 I can choose and utilize different reading schemes ( e.g. skim, scan, in-depth ) 1 I can do effectual notes when reading 1 I can do effectual notes when hearing ( e.g. during talks ) 2 I have a system for entering and hive awaying my notes 1 Skills Area I Can Make This Well Ok, But I Need More Practice I Ca n't Make This Priority Development Of This Skill 1 = Very Important, 2 = Quite Important, 3 = Not Important Writing Skill I can analyze assignment ( essay, describe etc ) inquiries to find what is expected 1 I understand the difference between an essay and study 2 I can bring forth a written program to reply an assignment inquiry 1 I can mark, utilize grammar and spelling right 1 I am confident I can show my thoughts clearly in written signifier 1 I am able to accommodate my composing manners to accommodate the appropriate media/audience 1 I understand the demand to cite my work to avoid plagiarism 2 SPOKEN COMMUNICATION I am able to show my positions verbally 1 I am confident speech production in forepart of a group of people 1 I can fix, program and present a presentation 2 I can utilize ocular AIDSs to back up a presentation 2 I work good as a member of a group or squad 1 I am able to listen to and appreciate the positions of others 1 INFORMATION TECHNOLOGY I am able to utilize a word processing package bundle to bring forth my assignments 1 I can utilize a assortment of different computing machine package ( e.g. Word, PowerPoint, Excel, Access ) 3 Working WITH NUMBERS I am competent in doing simple computations 1 I can show numerical information accurately 2 I can aptly utilize a assortment of numerical techniques ( e.g. per centums, fractions, decimals ) 3 I can construe and present information in graphs and illustrations 2 REVISION AND EXAM TECHNIQUES I am able to be after my alteration clip 1 I am able to put myself ends 1 I am able to utilize a assortment of different alteration techniques ( e.g. practising inquiries, head function etc ) 2 I can choose and utilize techniques to assist me retain and remember information 1 I use schemes to assist me in the test room ( e.g. planning clip, get bying with anxiousness ) 1 STRESS MANAGEMENT I know what causes emphasis 1 I am cognizant of my personal symptoms of emphasis 2 I can utilize schemes to assist me get by with my emphasis 1 PERSONAL DEVELOPMENT Planning I am able to place my personal ends 1 I am a good justice of what my strengths and countries for development are 1 I am able to place chances for larning outside my class, e.g. nines, societies, employment 2 I am able to be after for my personal development 1 Positive results of PDP: Some positive results of taking a personal development attack to your surveies are: A It helps in deriving a clearer focal point to your acquisition. Helps to maintain yourself motivated towrds ends. Provises better apprehension of how you learn and how to better your public presentation. More enjoyment and less emphasis and confusion from your acquisition as you become consciously skilled. More consciousness of how to use your larning to practical life and work outing new jobs and contexts. Professional thought accomplishments that can beef up academic public presentation. Benefits of PDP to professional life Brands thoughts more clear about the sort of life and work you want. Brings greater assurance degree in the picks you make. Greater assurance in the accomplishments developed, brings qualities and attributes to the calling of your pick. Bing in a better place to vie for occupations. It helps you to be able to discourse your accomplishments, personal qualities and competencies with employers. Better problem-solving and planning accomplishments. It develops the positive attitudes and attacks in personality associated with successful professional life. Benefits of PDP to personal life A better apprehension of yourself and how you ‘tick. ‘ Bing in a better place to do appropriate picks to run into your aspirations. Greater consciousness of your demands and how to run into these. Greater consciousness of the alone part you can do. Developing a positive, advanced attack. REFRENCES: Wiziq instruction online ( 2008 ) . Study skills Audit [ online ] . Available from hypertext transfer protocol: //www.wiziq.com/tutorial/93902-Study-Skills-Audit Nasir, M. Saeed ( 2004 ) . Introduction to concern. Imtiaz Book Depot. Nasir, M. Saeed ( 2002 ) . Skills to thrive. Imtiaz Book Depot. Decenzo, A. David & A ; Robbins, P. Stephen ( 2007 ) . Fundamentalss of HRM. Wiley India.

Right Answers and Hard Cases - Free Essay Example

Sample details Pages: 11 Words: 3287 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? In legal reasoning, the idea that a right answer can be found in hard cases is pure fiction. Discuss. Introduction It is often said that ‘hard cases make bad law’, but it is submitted by way of an opening observation that categorical statements regarding the law and its modus operandi are misleading at best and usually unreliable at the margins. The statement under review in the title to this work, in declaring that it is pure fiction that right answers can be found in hard cases, must be treated with suspicion from the outset. Don’t waste time! Our writers will create an original "Right Answers and Hard Cases" essay for you Create order The phrase grates uncomfortably with this commentator. There are remarkably few concrete rules in law, and given that our legal system is a vast and organic entity in a constant state of flux and development this can come as no real surprise.[1] In law there are exceptions to almost every conceivable rule, and normally there are several tiers of exceptions and jurisprudential tributaries flowing from that primary caveat. One sure way to provoke a combative response from a lawyer is to declare that something in law is either black or white. Almost nothing is, and for good reason. The infinite shades of grey that colour our legal system sustain the flexibility that allows it to cater for the uncountable scenarios in which it may be called upon to intervene. This commentator’s initial assertion is therefore that the right answers can sometimes be ascertained from hard cases, to say that such is pure fiction is overstating the point. The Wizard of Oz is pure fiction, but at law al most anything is possible, as countless surprised litigants may testify. Legal Reasoning: An Elusive Art Legal reasoning is a subjective process steered by the objective paradigms and general principles established by the legal system in question. It is an art, more than a science. There is no such thing as two plus two equals four and, as stated, few universal certainties.[2] As such it is very difficult to define exactly what occurs in the mind of a judge, advocate or jury as they dwell on the issues confronting them in any particular case.[3] Moreover there is nothing to say that a particular methodology is endorsed and applied by a particular court or a specific individual on a consistent basis: legal reasoning is a nebulous and elusive process subject, on each occasion that it is invoked to a fluctuating constellation of variable factors. When asked to define legal reasoning most lawyers will respond with a long pause, and if an answer is volunteered it is unlikely it wil l correspond to other versions offered. Typically, for every line taken by a particular judge from a general principle or issue to a verdict a different judge or advocate who started from the same conceptual point of departure will take a slightly or sometimes wildly different route which may or may not result in arrival at the same place in law. Dworkin confirms this specific analysis in his writing,[4] although, that said, his commitment to a ‘one right answer thesis’ remains firm. The way in which Dworkin justifies this apparent contradiction is to assert that right answers can differ from person to person and interpreter to interpreter.[5] There is a distinct lack of consensus among legal theorists as to the proper definition of the schematic profile of the fundamental interpretive processes inherent in legal reasoning. One of the key points of disagreement is as to whether interpretation in legal reasoning can as a matter of course lead judges to derive the à ¢â‚¬Ëœone right answer’ in relation to the legal issue in question. For example, in his work ‘On Reason and Authority in Laws Empire’[6] Finnis refutes Dworkin’s assertion that it is possible for interpretative protocols in legal reasoning to steer judges to a so-called ‘one right answer, at least in the terms articulated by Dworkin, given the fact that there are enduring inequalities in the criteria under which competing interpretations must be comparatively evaluated and judged. In contradicting the architecture of Dworkin’s base thesis, Finnis submits that while judges and advocates must obviously endeavour to search for good answers and circumnavigate bad ones, it would be foolish to wed oneself to the pursuit of the holy grail of uniquely right answers in the context of legal interpretation. This commentator argues that there is a degree of truth in both these philosophical stances and that there is something to commend both theories in p ractice.[7] However, in line with the approach articulated in the opening to this paper, it is inevitable that neither offers a definitive formula in this context. Addressing the Question: Right Answers and Hard Cases It is at this stage probably worth questioning the concepts entailed in the title itself. The notion that a case can generate a right answer is hard to defend in all but the most straightforward cases. One must first define exactly what one means by right? Moreover, it is submitted that the notion that a case can generate a right answer which will thereafter be applicable in all similar cases must inevitably be flawed, given that no two cases are identical and that subtle differences in the facts and background to a case may render even the best precedents unwieldy or inequitable. It also fails to take account of the fact that society is in a constant state of flux and evolution, and that what is right in one set of circumstances at one point in time might not be deemed so appropriate at some future point in time. Is the right answer one that delivers justice and equity in the case in question to the benefit of one concerned litigant, or one that maintains the integrity and promotes the future application of the law for the benefit of many potential litigants and the stability of the legal system, which in turn reinforces the stability of the wider community it serves and governs? It is a difficult question, because while the interests of the majority must inevitably outweigh the interests of the minority what value is there in a legal system that delivers decisions blind to the particular circumstances of a certain case. It is submitted that a delicate balance must be struck. There are many areas of law where decisions appear to be reached on a case-by-case basis judged predominantly on the court’s perception of their merits. Naturally, this does little for the internal and underlying coherence of the jurisprudence, or reasoning expounded in the case. When sitting collectively judges may agree on an ultimate ruling but on the footings of different rationales, and this creates a problem in the subsequent application of precedents, and indeed for the cases overall coherence among other similar cases and within the ambit of the greater law at issue. Judges are human beings, not machines, and they are usually predisposed to ensure a deserving outcome in a case, but this may cause anomalies and convoluted tensions in the applicable law and its related tributaries. As has already been stated hard cases make bad law, although with a view to the opening thesis expressed in this paper this commentator would amend that familiar phrase along the following lines: ‘hard cases often make bad law’. The greatest difficulty seems to occur when the courts are faced with emotive cases, or cases of special sensitivity, or litigants of vastly differing power or moral authority. It is submitted that it is crucial to explore fully the relationship between law and morality in this context in light of the fact that differing interpretations of the law are in significant part provoked by different subjective evaluations of moral issues. Inevitably, this underlying disparity provokes differing verdicts on any given point of jurisprudence. Once one accepts the interplay and influence of morality in the field and process of legal reasoning it becomes easier to understand the real difficulty inherent in defining anything of substance relating to the matter at hand with any degree of reliable certainty. It is submitted, with confidence, that morality is a uniquely personal matter. Like fingerprints, if not more so, every person on earth has a slightly different set of moral codes. There are of course various norms and generalities that enjoy the support of the vast majority of humanity, such as thou shalt not kill, but even this most basic of moral rules is subject to a huge number of caveats and provisos depending on the context at issue. The problem is that whatever particular moral stance is endorsed and applied at law, it needs to be objectively justified if it is to be held up as establishing mandatory applicability in relation to a particular question. The very notion of a perfect right answer in any particular case is therefore complicated and obfuscated by ephemeral issues of morality before matters such as the uniformity of the greater span of case-law can even be considered. Re A: the law at its limits Clucas and O’Donnell discussed the issue of law and morality in the context of a very hard case indeed in their paper ‘Conjoined Twins: the cutting edge’[8]. Their paper considered, in particular, the case of Re A (children) (conjoined twins: surgical separation)[9] which challenged moral, legal, medical and ethical interpretative norms to their fullest extent. The case involved conjoined twins identified as Mary and Jodie respectively. Unfortunately, Mary was not viable, having a heart and lungs which were non-functioning, she would not have survived birth if born alone, in addition her brain function was drastically impaired. Jodie’s heart was sustaining Mary’s life, but could not do so for long. Medical testimony established that Jodie’s heart would fail under the increased pressure as the twins grew, and that both twins would die. The medical team caring for the twins believed that the only course of action was to separate the twins, which would end Mary’s life but give Jodie an excellent chance of survival and the prospect of a relatively normal life. However, the parents of the twins believed that it was not right to give their consent to an operation that would result in Mary’s certain death and argued that God’s will should be allowed to prevail. One of the key questions brought before the court was whether the rules forbidding homicide were applicable in the same w ay to conjoined twins in these circumstances as to all other persons? Positivism suggests that the law is exhausted where there is no rule available to be directly applied to a particular situation. It is submitted that in such cases, judges must use their discretion to create a new legal principle. In such a circumstance it could be said that the answer to the dilemma ’how should the law respond to the sacrifice of a conjoined twin?’ can be effectively reduced to whatever the judge responsible concludes. On the other hand Dworkin, who champions the school of legal idealism, consistently refutes the notion that the law can be exhausted. He argues that underlying legal principles sustain express and specific rules, and that these fundamental rules are capable of deriving an answer to any situation on careful interpretation and application.[10] Dworkin, contends that judges do not have carte blanche to make law, but that they may find the relevant law by distilling it from established general principles. This is undeniably a difficult field of endeavour, especially in a situation as emotionally and morally charged as the one confronting the court in Re A. It is clear that the question as to exactly what the law is, or what it should be, in a hard case such as this where the law fails to offer specific guidance, steers those charged with its interpretation to investigate the deeper concepts of law.[11] In so-called hard cases such as Re A it is clear that the underlying concepts of law must be drawn on once it is clear that conventional rules derive no clear or readily apparent answer. It is submitted that Hart, for one would support this thesis, given that legal reasoning must by definition have some basis on which to derive its fundamental authority.[12] To say that hard cases can never yield the right answers is clearly foolish. It is argued that it depends on the judge, the susceptibility of the base legal principles and all the circumstan ces of the case. The way in which the court in question responds to the challenge of appraising the concept of law at the heart of the matter whether the law and morality are divorced along positivist lines, or whether morality and the law are deemed to be conceptually connected in the tradition of natural law or legal idealism will always determine the appropriate approach to the law, whether the case is hard, or straightforward on its facts. In Re A, a stark choice confronted the Court of Appeal. In short the Court could refuse to permit the operation to separate the conjoined twins, in which case both children would die, or the Court could grant its permission to carry out the operation, which would result in Mary’s certain and immediate death. Adrift in uncharted legal territory, with the lives of two baby girls in their hands and all the consequent pressure that that entailed, all three Lord Justices reasoned that the only appropriate course of action was to prefer the lesser of the two evils. Accordingly the Court choose to rule that the proposed operation was not unlawful and that it should be allowed to go ahead in the hope that Jodie’s life, at least, could be saved. It is submitted that this hard case generated a difficult but undeniably prudent and well founded decision. The ruling was posited in particular on an interpretation of the necessity in the circumstances defence and although it resulted in the court-sanctioned termination of an innocent life, it can plainly be justified on the grounds of protecting the interests of the child with the real chance of survival. The ruling acknowledges that not all life is equal, and, though unfamiliar to our legal system and moral code, it is a principle that will become increasingly familiar. Medical science has now advanced to a stage where human life can be sustained almost in perpetuity and the law must adapt to the challenge of developing new principles to replace old rules now mad e redundant by technological progress. Re A prompted the court to return to reasoning on base conceptual principle and it is submitted that the court delivered the right result. This case alone defeats the assertion made in the statement under review in the title to this paper which is always the risk when one is foolhardy enough to make concrete statements in law. However, as technology continues to develop new challenges and questions will be posed and hard cases will continue to arise in this arena. The courts will sometimes produce the wrong answer in such difficult cases, certainly more often than they will in easily determined and straightforward cases, but then judges are but human and the occasional tendency to err is part of the human condition. However, that is very far indeed from saying that for a court to arrive at the right decision in a hard case is pure fiction. Concluding Comments The title to this work prompts discussion of the bold statement: â€Å"In lega l reasoning, the idea that a right answer can be found in hard cases is pure fiction†. In concluding, this commentator submits that the analysis undertaken in the body of this paper has not shaken the initial assertion set out in its introduction. The statement can be struck down as an oversimplification of reality which is blind to the fact that, in the past, hard cases have generated good law not perhaps the so-called right answer, if such a thing ever truly exists but law which is appropriate to the circumstances and the status quo of the legal system as a whole[13]. An example of good law derived from a hard case lies in the ruling generated by Re A, as discussed, which embodied thoughtful and sincere judgments in the most difficult of circumstances to derive what was surely the only morally tenable answer. It is unnecessary to delve any deeper than Re A to confound the statement under review, and that underlines the foolishness of making unequivocal statements in this f ield. Of course, hindsight yields 20/20 vision, but just because a decision is poorly interpreted and applied in future cases, does not necessarily mean that it was born as bad law. To say that it is pure fiction that a hard case could ever have the capacity to further the law in this regard is a nonsense. However hard it may be in the circumstances to find an answer, it is never impossible that that answer might be the best one available. Moreover, to assert such is a slight on those hardworking, conscientious and capable judges and advocates that work to ensure the integrity of the legal system, no matter how challenging a particular case may at first sight seem. In summation, although hard cases have won a reputation for deriving unreliable and unsatisfactory rulings it is naà ¯ve and blinkered to suggest that such cases are never capable of producing the right answer, whether one defines right as what is right between the parties, or right in terms of the stability and ef ficacy of the greater legal system. In law one can never say never, and one must take care to define one’s terms precisely when venturing to make bold and categorical statements. It is submitted that subjective processes such as legal reasoning are not susceptible to the objective language of mathematics or scientific certainty. The statement under review is pregnable to criticism on both these fronts, and just plain wrong in substance. To claim that the quality of a judgment inevitably depends on the simplicity of the case is untenable if not laughable, and that is this commentator’s final word. THE END WORD COUNT: 3130 (excluding footnotes) BIBLIOGRAPHY Holland and Webb, Learning Legal Rules, Oxford University Press, (2003) Dworkin, R., Law’s Empire, Fontana Press, (1986) Finnis, J., ‘On Reason and Authority in Law’s Empire’ (1987) 6 Law and Philosophy, 357-380. MacCormick, N., Legal Reasoning and Legal Theory, Clarendo n Press, (1978). Hart, H.L.A., The Concept of Law, Oxford University Press (1994). Clucas and O’Donnell, ‘Conjoined Twins: the cutting edge’ [2002] 5 Web JCLI. Dickson, Julie, Interpretation and Coherence in Legal Reasoning, The Stanford Encyclopaedia of Philosophy (Fall 2005 Edition): https://plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=legal-reas-interpret Marmor, A., Interpretation and Legal Theory, Hart Publishing (2005) Weinreb, L., Legal Reason: The Use of Analogy in Legal Argument, Cambridge University Press (2005) Cases as footnoted 1 Footnotes [1] See for an insightful overview: Holland and Webb, Learning Legal Rules, Oxford University Press, (2003), Chapter 1. [2] For an excellent commentary on this issue see: Dickson, Julie, Interpretation and Coherence in Legal Reasoning, The Stanford Encyclopaedia of Philosophy (Fall 2005 Edition): https://plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=legal-reas-interpret. [3] See for comment: MacCormick, N., Legal Reasoning and Legal Theory, Clarendon Press, (1978). [4] Dworkin, R., Law’s Empire, Fontana Press, (1986) Chapter 11. [5] See note 2 above. [6] Finnis, J., ‘On Reason and Authority in Law’s Empire’ (1987) 6 Law and Philosophy, 357-380. [7] See also: Weinreb, L., Legal Reason: The Use of Analogy in Legal Argument, Cambridge University Press (2005). [8] Clucas and O’Donnell, ‘Conjoined Twins: the cutting edge’ [2002] 5 Web JCLI. [9] [2000] 4 All ER 961. [10] Dworkin, R., Law’s Empir e, Fontana Press, (1986). [11] See for a general commentary: Hart, H.L.A., The Concept of Law, Oxford University Press (1994). [12] See note 9, chapter 1. [13] See for deeper analysis: Marmor, A., Interpretation and Legal Theory, Hart Publishing (2005).