Policy Assignment Proprietary Rights

Question: Discuss about thePolicy Assignmentfor Proprietary Rights. Answer: In Australia, the doctrine of Aboriginal title based on the Common law is known as the native title, which states that the Australian law has recognised the fact that the indigenous or the aboriginal people have interests and rights to their land that they inherited from their traditional customs and laws (Short 2016). The concept identifies the fact the in certain cases a persisting beneficial statutory interest in respect of the land is held by the local indigenous Australians. The native title can exist at the same time with non-aboriginal proprietary rights and sometimes various indigenous groups are entitled to exercise their native title over the same land. The landmark case for the native title in Australia was Mabo v Queensland [1992]. A year following the recognition of the native title in Mabos case, the recognition of the legislation was formalised with the enforcement of the Native Title Act 1993 by the Australian government. The Act attempted to simplify the legal status of the landholders and the procedures that should be followed in order to claim, recognise and protect the title through the courts. The regulating rule of native title might be regarded as a partial attempt to take the responsibility for the repossession and settlement of Australia. The settlement of Australia has been regarded as a primary concern of the sovereign government and as the transmission of an inheritance an attachment to the order of people, places and of law. On the arrival of the British in Australia from the year 1788, the aboriginals or the indigenous group of people and the British people frequently engaged themselves in conflicts (Gilbert 2016). One of the major sources of such conflicts was the differences between the British Law and the indigenous law. One of the significant conflicts between the Colonial and the Aboriginal groups of Australia may be the criminalisation of the indigenous or the aboriginal group of people in the Northern Territory following the introduction of new statutory regime. From the point of the British, the Aboriginal or the indigenous group of people and the Torres Strait Islander people had no special and binding social organization, no legislations, no government and no rights or interests over the land (Lewis 2014). This caused the British to believe that the since people did not possess the land, the land is considered as terra nullius which implied that the land did not belong to anyone. According to the British, if the land was not in possession of any one, then whoever found it first had the right to exert claim over the land (Laidlaw and Lester 2015). The aboriginals or the indigenous people residing in Australia before the white settlement did not have any law, governments, or courts that would address their disputes and decide punishments (Watson 2014). In fact, the only legal procedure to resolve the disputes was negotiation, which involved majority of the members of the community. In case, certain arguments or disputes are not resolved through negotiation, and then a group of persons settles the same, usually, known as elders. Since the elders were believed to be experienced and possess knowledge of consecrated matters, they were regarded as teachers instead of judges. Some of their offenses include adultery, theft, insult, unauthorised physical assault, non-compliance of the community obligations and negligence towards family etc. The offenders were subject to punishments such as facing the spearmen with only a shield as protection or they were entitled to compensate for their offences. There was not anything as imprisonment or rigorous punishment. After the offender was awarded with the punishments, they resumed their normal life. The issue in question was whether the indigenous group of people were subject to the British laws in the event any dispute arises between themselves. The colonial government and the Western Australian courts were of the opinion that any offenses committed by the aborigines against the Europeans shall be subject to the English law. The issue related to inter se offenses extended to the need to deal with offenses committed by the Aborigines on other aborigines who were dwelling with or employed by settlers of the colony. Initially, the colonial government adopted policies of not interfering or dealing with personal fall outs of the aboriginal group of people simply because it did not involve any Europeans therefore, they were not much concerned about it (Cunneen 2014). There was a growing realisation among both the colonial governments and the courts that the aborigines group of people cannot be treated as British subjects and neither British law can be applied regarding their inter se matters. In R v Ballard in New South Wales (NSW), Ballard murdered another aborigine in central Sydney that was governed by the British law. The question that arose was whether he was amenable to the English law to which the Supreme Court held that it does not have the jurisdiction to deal with the case if the commission of offenses was the direct consequence of any dispute within the tribe that follows the Aboriginal customs. However, if an aborigine has placed himself under the protection of the English law then it would have jurisdiction to adjudicate cases involving the Aboriginals or the indigenous group of people. The other court judges, regarding the applicability of the British laws to inter se offenses committed by the Aborigines, were of opinion that the aboriginal group of natives must give consent, either expressly or impliedly, to the amenability of the English laws to deal with their cases (Lydon and Rizvi 2016). Unless and until, the aborigines give consent to the application of the British laws to acts or offenses committed by the aborigines upon another aborigine, for the purpose of administering justice, under no circumstances the British laws shall interfere with their personal issues irrespective of the fact that such interference is imperative. In the case of R v Murrell [1836], Murrell was charged for murder and his lawyer argued that NSW was neither conquered nor settled or ceded and the aborigines continued to be governed by their own laws from ages. Since the British have come to reside amongst the aboriginals and therefore, it is they who must obey the aboriginals law. Murrell belonged to a tribe that was not subject to the British laws neither he was entitled to receive protection from the British, hence, he was not bound by the British laws. However, the Supreme Court of Australia overruled the decision and held that the Aboriginal group of people were subject to the British laws with respect to inter se offenses. Since the offense had been committed in NSW, which is in possession of England, therefore it shall be dealt with under the British Laws (Russell 2015). The Supreme Court did not make any difference in law between the English people and the aliens as they were entitled to the protection of the British law. Several other judges pointed out the theory of terra nullius and asserted if the Supreme Court did not have jurisdiction then there would be an increase in the crime rate among the aborigines who would persist to commit murders or violence on the streets. The aggrieved persons shall not be entitled to protection under the British laws. The British were of the opinion that the Aborigines were adopted as the subjects of the British people and were entitled to the protection under the British law like any other British subjects. However, at the same time, the aborigines were also subject to the punishments in the event of any infringement of any of the British laws. However, the indigenous group of people must bear in their minds that the British jury or judges were not framing any new legislation but are empowered to administer the legislations that are already existing during that period. While majority of the aboriginal groups attempted to include the newcomers (British people and British laws) into their legal system by extending association, sharing resources, etc. however, the British people failed to accept and act in conformity with the cultural laws of the indigenous group of people. They were not aware of the principle of reciprocity that is, sharing. According to the indigenous people, the English people were greedy and self-centred. They hardly share their resources even after receiving favours from the aborigines (Young, Nielsen and Patrick 2016). Although the Europeans recognised the existence of several aboriginal group, their laws, traditions and customs were not acknowledged by the Europeans. They avoided resistance, genocide and massacres with respect to the application of the terra nullius in order to justify the acquisition of the lands in Australia. The aboriginals failed to make significant resistance against the Europeans (Holland 2017). When the British declared the natives to be subjects of the British law, they were placed in a position where they aware made to be amenable to the British laws of which they were quite ignorant. Moreover, it did not provided the aboriginals with a slightest relief from the injuries they sustained as a result of the Europeans (Medien 2017). They were unable to present any evidence against the atrocities they were subject to, firstly, because they were not acquainted with the legal procedure followed by the British courts and, secondly, the witnesses of such atrocities were the European themselves who would not testify on behalf of the indigenous group. The Europeans denied the alleged complaints made by the indigenous group on the ground that they have conferred upon the aborigines the right to protection under the British laws just like the European people. They denied the fact that the indigenous group was denied fundamental rights and the human rights. Although the aboriginal people were subject to the British laws but they were never allowed to actively participate while framing the laws. The Europeans restricted them to such an extent that they were prevented from exercising their right to vote. The fact that the Aboriginal people were denied justice led to the establishment of Aboriginal Legal Services all over Australia. As the Australian governments follow the English cases as precedents, it is obvious that the aboriginal group of people would not receive adequate recognition. The European settlement has raised a conflict between the two legal systems and two cultures within the same country and they exist even today in certain parts of the country. In order to retain peaceful settlement, it is highly imperative that the legal system of Australia provide adequate recognition to the indigenous group and make necessary attempts to resolve the conflict through the process of reconciliation. Reference List Cunneen, C., 2014. Colonial processes, indigenous peoples, and criminal justice systems. Gilbert, J., 2016.Indigenous Peoples' Land Rights under International Law. Brill. Holland, A., 2017. Paved with good intentions. Terra Nullius, aboriginal land rights and settler-colonial law [Book Review].Law History,4(1), p.172. Laidlaw, Z. and Lester, A. eds., 2015.Indigenous communities and settler colonialism: land holding, loss and survival in an interconnected world. Springer. Lewis, P., 2014. Terra Nullius Amnesiacs: A Theological Analysis of the Persistence of Colonization in the Australian Context and the Blocks to Real Reconciliation. InColonial Contexts and Postcolonial Theologies(pp. 181-199). Palgrave Macmillan US. Lydon, J. and Rizvi, U.Z. eds., 2016.Handbook of postcolonial archaeology. Routledge. Mabo v Queensland [1992] HCA 23 175 CLR 1. F.C Medien, K., 2017. Book Review: Aileen Moreton-Robinson, The White Possessive: Property, Power, and Indigenous Sovereignty. R v Ballard [2004] ALL ER (D) 48 (Dec) R v Murrell [1836] 1 Legge 72 Russell, P.H., 2015.Recognizing Aboriginal title: The Mabo case and Indigenous resistance to English-settler colonialism. University of Toronto Press. Short, D., 2016.Reconciliation and colonial power: Indigenous rights in Australia. Routledge. Watson, I., 2014.Aboriginal peoples, colonialism and international law: Raw law. Routledge. Young, S., Nielsen, J. and Patrick, J., 2016. Constitutional recognition of first peoples in Australia-theories and comparative perspectives.

Star Wars Republic Commando Review Essay Example For Students

Star Wars Republic Commando Review Essay The single-player aspect of Republic Commando takes you on three distinct campaigns during the Clone Wars-era of Star Wars. Youll invade Sessions, along with the rest of the Republic army, investigate a derelict starship, and assist the weeklies in fending off Transposed slavers on the planet of Shaky. The campaigns are paced extremely well throughout the game, offering up new and interesting challenges at just the right junctures. Whether its hunting down and assassinating a Secession lieutenant, fending Off endless hordes Of super battle roods and derriere, or escorting a highly ranked woke, theres never a dull moment in Republic Commando. The missions are heavily scripted to provide exciting pitched battles, some of which Will see you as the aggressor and others of which will require you to defend areas from attack. This also means the game is fairly linear. We will write a custom essay on Star Wars Republic Commando Review specifically for you for only $16.38 $13.9/page Order now So its obvious which paths youll need to be going down, and you wont he doing a whole lot of backtracking. But at the same time, nary a minute goes by without the blasters and rockets firing back and forth at full tilt. The only downer is that the fun doesnt last long as most players should be able to tear through the campaign in fewer than 10 hours, It sure is an exciting ride while it lasts, though. The game does include a multilayer aspect on both the PC and Oxbow platforms. Unfortunately, the multilayer isnt nearly as creative or exciting as the campaign. There are standard demarcated, team demarcated, and capture the flag modes, along with an assault mode thats basically the same as one- flag C TV, with one team attempting to carry a special item in to a capture area n the other teams base before the timer runs out. There are eight maps total, which are designed for four to 16 players. Many of these maps, however, are just derived from specific parts of the single-player levels, although there is one special level that includes some zero-gravity areas that provide extra amusement. Those whove played a lot of shooters wont find much in Republic Commando they havent seen before. So if you were looking at this game specifically hoping for a great new multilayer experience, pure probably better off sticking with other alternatives.

Free Essays on Art, Literature, And Music Of The 1990s

Art, Literature, and Music of 1990’s Society had a great affect on the art, literature, and music of the nineties. When a person who grew up in the nineties looks back on that decade, they remember things such as rap music about sex and drugs. They may remember all of the gang rivalry between rappers, and the murders that resulted. They may recall Beverly Hills 90210, and how it was cool and sexy to wear daisy dukes and shirts that showed off the belly. As far as fashion went in the nineties, tight jeans, mini skirts, and short shorts were all the craze. It seemed to be that the shorter and tighter, the hotter you were. If you preferred a more comfortable look, you could throw on a pair of â€Å"Guess?† jeans, a flannel shirt and a pair of Birkenstocks. Girls in the nineties seemed to think that a cute baby doll dress went great with a pair of Doc Martens and their new Jennifer Aniston haircut. You could never leave the house without adding those accessories to your already great outfit! Berets, bandanas, or baby barrettes completed any outfit. For guys it was shorts way below their waistline (of course with their boxer shorts hanging out for all to see!), baggy shirts, and their chain wallets. Society had a great effect on what everyone wore in the nineties. Everyone wore what they saw in the magazines and stores because they wanted to fit in. Most people will wear whatever it is that everyone around them is wearing so that they feel accepted. Body piercing became real popular in the nineties, also. From tongues to belly buttons and noses. The more piercings and tattoos one had, the cooler they became. Body piercing and tattoos, which were looked upon by the teenagers as a great form of art, was becoming an everyday argument between parents and their children! In the nineties, there was an increase in books written on terrorism. More movies that accompanied the books on the subject followed. Some people b... Free Essays on Art, Literature, And Music Of The 1990's Free Essays on Art, Literature, And Music Of The 1990's Art, Literature, and Music of 1990’s Society had a great affect on the art, literature, and music of the nineties. When a person who grew up in the nineties looks back on that decade, they remember things such as rap music about sex and drugs. They may remember all of the gang rivalry between rappers, and the murders that resulted. They may recall Beverly Hills 90210, and how it was cool and sexy to wear daisy dukes and shirts that showed off the belly. As far as fashion went in the nineties, tight jeans, mini skirts, and short shorts were all the craze. It seemed to be that the shorter and tighter, the hotter you were. If you preferred a more comfortable look, you could throw on a pair of â€Å"Guess?† jeans, a flannel shirt and a pair of Birkenstocks. Girls in the nineties seemed to think that a cute baby doll dress went great with a pair of Doc Martens and their new Jennifer Aniston haircut. You could never leave the house without adding those accessories to your already great outfit! Berets, bandanas, or baby barrettes completed any outfit. For guys it was shorts way below their waistline (of course with their boxer shorts hanging out for all to see!), baggy shirts, and their chain wallets. Society had a great effect on what everyone wore in the nineties. Everyone wore what they saw in the magazines and stores because they wanted to fit in. Most people will wear whatever it is that everyone around them is wearing so that they feel accepted. Body piercing became real popular in the nineties, also. From tongues to belly buttons and noses. The more piercings and tattoos one had, the cooler they became. Body piercing and tattoos, which were looked upon by the teenagers as a great form of art, was becoming an everyday argument between parents and their children! In the nineties, there was an increase in books written on terrorism. More movies that accompanied the books on the subject followed. Some people b...

Market Position Analysis of Yum Brand Essay Example | Topics and Well Written Essays - 6750 words - 1

Market Position Analysis of Yum Brand - Essay Example According to the company website, Yum Brand is adjudged as the world’s largest fast-food restaurant in the world in terms of the total number of operating units. With a staggering figure of 40,000 restaurants and presence in more than 130 countries of the world, the global sales figures of Yum increasing at a robust rate (Yum, 2013). Â  Since the spin-off from PepsiCo in the year 1997, the company has truly become a global company. The assets skyrocketed from $4,531m to 9,011m in the global restaurant industry (Global Business Browser, 2014). For the 36 weeks ended 07 September 2013, its revenues reduced by 6% to $8.91b and net income decreased 39% to $770m (Interim report, 2013). The company always aims at entering countries which have strong market potential and implements relevant operational strategies which allow them to surmount a different kind of market challenges. Yum Brands have experienced growth by focusing on the foreign markets such as China, India, and Brazil to name a few. Â  Some of the key competitors of the firm are McDonald's, Burger King, Subway and Dunkin Donuts among others. The company is also known for its philanthropic activities across the globe and has always received respect from the society. For example, the company offers employment opportunities to the unprivileged segment of the society. Though it is facing the decline in sales and profits, reports have suggested that the macroeconomic environment has always remained strong for the Yum Brands, especially in the overseas markets (Cho, 2012). According to Global Business Browser (2013), the restaurant's industry all over the world increased by 8.5% in 2011 to reach a value of $2,457.1b and it is expected to increase by 41.7% to $3,482.5b by 2016. The company anticipates that the in the next 8-10 years, the rising incomes will continue to unfold and will allow millions of people to afford fast foods from Yum Brands (Cho, 2012).

Mental health ( paramedic ) Case Study Example | Topics and Well Written Essays - 3000 words

Mental health ( paramedic ) - Case Study Example In this contemporary environment, people are deemed to be engaged with their daily work due to which they have minimum time to take care of their health (Simpson & et. al., 2010; 127-139). However, in the process of meeting their professional and personal obligation, they acquire lots of behavioural and psychological stress, which further result in severe health complication. The increasing number of chronic health disorder reflects a clear picture of the contemporary society with regard to health and well being. Contextually, this particular essay provides an elaborative discussion about a particular case that is relevant to healthcare complication of any individual. Furthermore, the provided case will be analysed elaborately by providing the facts and prominent elements that are accountable for such adverse health condition. An 18 year old female with health complication of shortness of breath has been dispatched from university on a particular day. During her health complication, University lecturers and her classmates have assisted her to an ambulance. She complained about problems relating to nauseous and lack of strength, which was probably owing to the aspect that she had little sleep for the past few weeks. In this regard, she had visited the local doctor around 3 times for the last few weeks. The local doctor has conducted medical tests such as blood check up, X-ray and ultra sound. While she was awaiting for the report of the test, her illness was more severe due to vomiting, weakness, sleeping issues and increasing issues of short of breath among others. She was also unable to conduct her daily work that includes going to the university, local pub and joining her music band among others. She began to deteriorate in terms of health both mentally and physically with time. The case mainly highlighted some of the facts relevant to the health complications of an 18 year old lady. It

Relevance of Psychology in Primary Health Care Delivery

Relevance of Psychology in Primary Health Care Delivery Critically discuss how an understanding of psychology can enhance the delivery of primary health care. (District Nursing) Essay The concept of psychology as relevant to district nursing and the primary healthcare team can be examined on a number of different levels. An understanding of psychology is clearly important to the nurse when she interprets a patient’s reaction to events in their personal illness trajectory. (Yura H et al. 1998). It is equally important as she considers her professional approach to the patient and the understanding of how a patient will react to the delivery and impact of healthcare, particularly in her considerations of how to achieve maximum patient compliance in any given therapeutic regimen. (Dean A. 2002).There are other, arguably less immediately obvious, ramifications of the impact of psychological implications in the delivery of primary health care when one considers the interactions and dynamics of the primary healthcare team and the interplay between various members of the team. In this essay we shall consider all of these implications. We start with the general plan that the topic of psychology in this context is potentially vast and for this reason we shall consider individual illustrative episodes in some detail in order to demonstrate an overall understanding of the area. The perception of any given situation and indeed, the evaluation of the probabilities that arise from it, are generally dependent on its presentation. This in turn gives rise to differences and variations in the number and scope of the possible outcomes from that situation. This is the so called Theory of Rational Choice (De Martino B et al. 2006). The perception of a situation is dependent on its â€Å"framing†. It therefore follows that the outcome is also dependent on the same concept of framing of the presentation. This has great relevance to our question, as the District Nurse can make decisions that are influenced by the â€Å"framing† of the presentation by the patient, but more significantly, she can seek to modify the decisions that a patient ultimately makes by framing her presentation of the situation in a number of different ways. There is a substantial evidence base in the literature which cites examples of how decisions can be changed or even reversed if t hey are presented with different emphasis on different factors in the presentation (van Osch S M C et al. 2006). A full consideration of the implications of this statement will suggest that these psychological concepts will have a direct bearing on other professional considerations such as autonomy and other ethical issues. (Hendrick, J. 2000). How can a patient be considered to be making a truly autonomous decision if that decision is being influenced by the abilities of a nurse to â€Å"frame† the presentation of the relevant factors in order to suggest that one outcome is better than another? (Green J et al. 1998). How can a patient be considered to be â€Å"empowered and educated† about a course of treatment if the nurse has been selective in the way that treatment has been explained to the patient? (Sugarman J Sulmasy 2001). We do not presume to suggest that such concepts are necessarily wrong. It may be entirely reasonable for a nurse to use her professional skill and judgement to suggest to a patient that one particular course of action is preferable to another by framing the presentation in such a way that the patient is guided towards a certain decision. In a commonly experienced clinical situation such as a frightened patient with an extensive skin wound to the leg which clearly requires suturing and who is saying that they don‘t want anything to be done, we could probably all agree that it would be quite appropriate for a nurse to suggest that the procedure of suturing is not very painful and will give a good cosmetic result whereas to leave the wound open will give rise to infection and other difficulties. From an analytical viewpoint, this approach could be viewed as detracting from the patient’s autonomy and ability to make their own valid consent. (Gillon. R. 1997). A pragmatist mi ght equally suggest that the nurse is employing valid psychological principles in her professional desire to achieve what is probably the best outcome for the patient (Coulter A. 2002) One of the major areas that we shall consider in this appreciation of the significance of psychology in the delivery of healthcare, is that of attitude of those delivering the particular intervention to the patients concerned. This area is examined in commendable detail by the paper by Johansson (K et al. 2002) which specifically considered the effectiveness of the delivery of alcohol awareness programmes in a group of problem drinkers. The reason that we have selected this paper for an initial consideration is that, unusually for a research paper, it does not simply consider the efficacy of a particular healthcare package, but it reviews and critically analyses the attitudes of the healthcare professionals on the overall outcomes with specific focus on their readiness to participate in such a venture. This is seminal to the major thrust of this essay and therefore merits a detailed examination. In essence, the entry cohort to this study was a collection of about 150 primary healthcare team workers who could potentially be involved in the delivery of an alcohol awareness programme. Each was asked to fill in a questionnaire which was designed to evaluate a personal profile of the respondent and covered areas such as: experiences with patients with alcohol-related health problems, knowledge and perceived capacity concerning early identification and intervention, attitudes towards the role of primary care staff in early identification and intervention and current intervention methods in use at the health centre. The results are interesting insofar as there was general agreement that the likelihood of a patient generating or triggering an enquiry into their alcohol usage was most likely to be when issues relating to the alcohol-related health-risks were perceived by the healthcare professionals. The relevance of the psychological aspects of such an enquiry became clear when it was found that nurses were more likely to enquire than the doctors in the sample and that on average, nurses tended to drink less alcohol than doctors. (Dihn-Zarr, T et al. 1999) Those who drank the least were more likely to be concerned about the health risks than those who drank more. Clearly the effects of alcohol in any individual patient are specific, but the willingness of a healthcare professional to instigate healthcare measures to minimise the health-related effects of alcohol appears to be dependent on their own attitudes towards alcohol and this may be reflected in their own levels of consumption. There is an old adage that the definition of an alcoholic is a patient who drinks more than their doctor. (Fleming, M et al. 1999). In the light of this study, this comment may not be as flippant as it initially appears. In alcohol-related problems, there is frequently an element of denial, both in terms of alcohol intake and its effects. (Herbert, C et al. 1997). If the healthcare professional involved has a degree of denial of their own intake, clearly this will have repercussions on their presentation of the problem to the patient and their subsequent evaluation and willingness to invoke therapeutic or interventional measures for that patient. (Kaner, E. F. S et al. 1999) Other significant factors that contributed to the likelihood of a healthcare professional instigating therapeutic measures were found to be their individual perception of their own degree of knowledge on the subject, both in terms of the effects of alcohol on the body and also in terms of the interventions that were available. (Aalto, M. et al. 2001) Many nurses expressed the fact that they were concerned that patients might react negatively to such enquiries and that this would affect the degree of patient empathy. Doctors appeared to be generally more confident about handling the possibility of a negative reaction. The same study pointed to the fact that it appears that such fears were unfounded in reality, as the same proportion of patients reacted in a negative way in both groups. >From this brief overview, it can be seen that psychology plays a role at many different levels in what is basically a fairly straightforward healthcare professional / patient interchange, and the attitudes of both patient and healthcare professional can have a profound impact on the eventual outcome of the care package for the individual patient. The paper itself makes the comment that: Nurses appear to be an unexploited resource, in need of training and support. Nurses may need to be convinced that an active role does not interfere with the nurse–patient relationship. Building teams of GPs and nurses in primary care might enhance the dissemination of alcohol prevention into regular practice. A further psychological input that is relevant in this area is the perception of the healthcare professional of just how effective the intervention that is proposed is likely to be. A previous paper on the same subject (Andrà ©asson S et al. 2000), concluded that healthcare professionals were much more likely to recommend a healthcare intervention that they had personally experienced or witnessed as successful, with greater frequency than one which had been shown to have a secure evidence base in published literature. The paper concludes with the suggestion that specific training in the subject needs to be implemented and this training not only needs to address the knowledge gap that has been identified, but also the belief systems and attitudes of the healthcare professionals in the primary healthcare team in order that it can reach its maximum potential. Although this paper was targeted and written in relation to a specific alcohol related intervention, it is reasonable to assume that the selected comments cited in this essay are sufficiently general to apply to most specific health related interventions and we will consider and explore other psychological rationales in specific relation to Health Promotion initiatives together with the inferences that can be drawn in relation to team building issues at greater length later in this essay. One of the major areas where psychology is relevant to the success (or otherwise) of a particular treatment is encapsulated in the concept of empowerment and education. (Howe and Anderson 2003). The patient who is both empowered and educated by the nurse will approach their illness trajectory in a completely different psychological frame of mind than one who is not. Time spent in explanation to a patient of the parameters and reasons for their treatment is rarely wasted. (Holzemer W et al. 1994). Marinker’s concept of the differentiation of compliance and concordance. (Marinker M.1997) is particularly useful in this respect. Although his original paper was written with specific regard to the taking of medication, the principles that it expounds are sufficiently general that they are now commonly extrapolated to cover most aspects of the interaction between the healthcare professionals and the patient. The patient who understands why he is being asked to undergo a particular th erapeutic regimen is far more likely to complete is successfully than one who is simply told what to do. This can be encapsulated in the professional advice on the subject from the RCN Patients are as fully involved as practicable in the formulation and delivery of their care (e.g. through the use of self-care plans) Where appropriate, patients are offered treatments other than medication Treatment plans are individually tailored for each patient Patients are involved, unless impracticable, in any decisions about referral Where practicable, patients are informed of the reasons for referral to specialists or other professionals (cited in CSAG 1999) This element of compliance is frequently cited in many of the tools of quality indication that are used in formal studies in this area. The degree to which a patient complies (or concords) with instructions can be viewed as a measure of success of the presentation of that treatment directly to the patient. (Campbell S M et al. 2000) As we have intimated in the introduction, the title of this essay can be interpreted at several different levels. In this segment we shall consider the impact of formal psychology services in primary health care. The rationale for our consideration of this topic specifically lies in the fact that an understanding of basic psychological principles is fundamental in allowing the nurse to appreciate the elements of treatment commonly undertaken in a psychology clinic. The excellent and informative article by Sobel (A B et al. 2001) provides a good starting point for this consideration. In practical terms, the average attendance at a psychology clinic is about five outpatient attendances. (Arndorfer, R. E et al. 1999). This means that the contact of a patient with the primary healthcare team is likely to outnumber the attendances at the clinic over a period of time. To give a specific example, it is clearly important for the nurse, who may come into contact with (for example) an anorexic adolescent, to understand the issues revolving around body dysmorphia, self-image enhancement and self-esteem (Lavigne, J. V. et al. 1999) if they have been undergoing treatment, if the nurse is to consider giving any degree of holistic consideration to whatever problems are being presented to her at the time. It is clearly of little value, if requested to give advice on the subject of weight loss (which is a common enquiry at nurse-run clinics), (Hogston, R et al. 2002) . to attempt to give such advice without a background knowledge of the psychological principles that have been employed in trying to restore the patient’s eating habits to a more normal pattern. (La Greca, A. M. 1997). Equally the parents of a child who is undergoing treatment for enuresis may have questions that they have not felt able to ask at a busy clinic and these may be presented to the practice nurse. A background knowledge of current treatment (both interventional and behavioural) is clearly vital t o being able to answer the questions with a degree of professional confidence. Another area where the nurse’s knowledge of psychological issues may be important is that, given the fact that a comparatively high number of patients default from follow up before being formally discharged, the nurse should know that psychological treatment is rarely successful if the â€Å"less than optimum† course of treatment is completed. (Sobel, A. B et al. 2001). Encouragement to return to complete the full course may be a useful remit for the nurse confronted by a patient in this situation. It follows that a sensitive exploration of the reasons for default my also be helpful and a knowledge of the subject is clearly helpful here as well. The patient who has defaulted from follow up through apathy needs completely different handling from the patient who has defaulted because of a resurgence of painful or difficult memories during a course of cognitive behavioural therapy. (Street, L. L.et al. 2000). In the latter case, empathetic handling is of great importance a s the issues involved may have a deep significance for the patient and completion of the course may be fundamental to a complete resolution of the issues involved. (Mitchell M C et al. 2004). When dealing with the patient who has specific emotional or psychological issues, the professional nurse would commonly have to employ a degree of psychological understanding which may be deeper than in many other cases for both of the reasons set out above. Let us now consider a different aspect of psychology and its relevance to nursing practice in primary care. A large proportion of the work of the district nurses can be taken up with the care of the dying patient. The dying, or terminally ill patient typically has a psychological profile that is quite different to the â€Å"average† patient. This was explored in the fascinating and very well written paper by The (The et al. 2000) who considered the elements of denial and cognitive distortion exhibited by a patient when being given news that they do not want to hear. The diversity of psychology shown by these patients is virtually unique to this group and a firm grasp of the essential elements is vital if the district nurse is going to handle the situation both professionally and well. The concept of â€Å"a good death† (Seale C et al. 2003) is one that is frequently cited in the modern literature and a fundamental prerequisite to a good death is that the patient is surr ounded and treated by healthcare professionals who have broad understanding of the psychological issues that are relevant to this spectrum of patient. (Wilkerson, S. A et al. 1996) There are many patients who confront the inevitability of death with a stoical inevitability that makes their management a relatively straightforward matter (Wadensten et al. 2003). The patients that we shall specifically consider in this segment however, are those who have a positive diagnosis of a life threatening condition but employ a number of coping mechanisms so that they do not have to directly confront the possibility of imminent death. These mechanisms can range from false optimism right through to frank and abject denial (Weeks et al 1998). We have already considered some of the ethical implications of autonomy and consent earlier in this essay, but they also are of great relevance in this section. It follows that if a patient is to have any degree of meaningful input into their treatment plans and consideration of the various options that are open to them, they must be both fully aware of, and quite prepared to confront, the implications of the situation that they find themselves in. If they chose to distort some or any of the relevant facts of the case, it equally follows that they cannot make a reasoned and rational decision about the options and choices that they have in front of them. Once again we return to the issue and concept of framing the presentation, the only difference here is that it is generally the patient who deliberately distorts the frame rather than it being distorted or manipulated by the healthcare professionals. This specifically is the issue that The and his colleagues considered in their paper (The et al. 2000). We should start a consideration of this issue however, with a reference to an earlier paper by Jennings (1997) who described the â€Å"emotional roller coaster† experienced by patients who deal with a malignant diagnosis and that this â€Å"evolution of emotional landscapes† can be predicted with a degree of certainty. This can be best examined with a verbatim extract from the The paper which refers to patients with small cell carcinoma of the lung: â€Å"False optimism about recovery is usually developed during the (first) course of chemotherapy and was most prevalent when the cancer could no longer be seen in the x ray pictures. This optimism tended to vanish when the tumour recurred, but it could develop again, though to a lesser extent, during further courses of chemotherapy. Patients gradually found out the facts about their poor prognosis, partly because of physical deterioration and partly through contact with fellow patients who were in a more advanced stage of the illness and were dying. False optimism about recovery was the result an association between doctors activism and patients adherence to the treatment calendar and to the recovery plot, which allowed them not to acknowledge explicitly what they should and could know. The doctor did and did not want to pronounce a death sentence and the patient did and did not want to hear it. Clearly an understanding of the psychology of what colours the patient’s reactions is vital to the district nurse if she is to handle this type of situation both professionally and empathetically. If we take a completely detached and dispassionate consideration of this situation the healthcare professional can say with almost complete certainty, that the patient with a positive diagnosis of small cell carcinoma of the lung is going to die. Statistically we know that over 90% of patients are dead within two years of diagnosis and the overall five year survival figures are nil. (Seale C et al. 2003) The practicality of the situation is therefore that it clearly makes sense to discuss options in terms of treatment, palliation and support as soon as a positive diagnosis is made. In real terms, this is rarely done because healthcare professionals frequently find it difficult to effectively pronounce a â€Å"death sentence† on patients. In this respect the psychology of the situation is as much a reflection of the attitudes and feelings of the healthcare professionals as it is of the patient. On a fictional level one can cite the classic literary example of A J Cronin’s Dr Findlay (Cronin A J 1934) who disagreed with his partner Dr Cameron. Dr Findlay felt strongly that the eponymous Mrs McIver should be told of her hopeless prognosis on the grounds of being completely truthful with the patient and this was against the advice of the older, more experienced partner, Dr Cameron who had been hitherto managing the situation by keeping the lady’s spirits high by telling her how well she was looking at each occasion he had contact with her. Dr Findlay confronts the situation by telling Mrs McIver the truth and within a few days she has died. The relevance of the story is seen at the end where Dr Findlay is depicted talking to the dead lady’s husband and Dr Findlay expresses his shock at the speed at which the old lady died and the husband concludes the episode by observing that: â€Å"She was doing really well until you took away from her the one thing that she had left – and that was hope†. In short, this episode highlights some of the difficulties and dilemmas that are frequently faced by healthcare professionals in general and district nurses in particular. The practicality of the situation could have been handled better with a more thorough understanding of the thought processes and psychological mechanisms employed by Mrs McIver in her last few weeks. One can see the point of view of Dr Findlay who took the view that the lady would not have been in any realistic position to make appropriate arrangements to confront her own death if she had never faced the possibility in the management plan that Dr Cameron had adopted. Dr Findlay’s approach could be argued to have allowed her to consider a number of timely treatment options if the truth was confronted. The fact of the matter was that she chose to actively collude with the optimistic approach of Dr Cameron and she derived strength and the ability to cope from the transparent belief (a cognitive distortion) that her prognosis was not hopeless. Dr Cameron was clearly of the opinion that this was of greater benefit to her than confronting her imminent death. What the story does not tell us (and we can only surmise) is that Dr Cameron, in common with many other real healthcare professionals, also has psychological difficulties in dealing with the subject himself. A number of different mechanisms may be active in this situation. It is possible that, by telling a patient that they are soon to die, it may challenge the notion that medical science can cure everything and that healthcare professionals are infallible (sadly, a still all to common belief). Equally it could be that the healthcare professionals involved do not like to be vicariously reminded of their own mortality and therefore collude willingly with the patient’s false optimism. Others again may take a rational view that â€Å"if the patient wants to know the truth then they will ask, if they don’t want to know then they won’t ask† and thereby actively avoid confronting the situation (Curtis J R. 2000) The The paper examines this issue in considerable depth with a commendable degree of scientific scrutiny. In the words of the paper, the authors suggest that: The problem of patient / doctor collusion does actually require an â€Å"active, patient orientated approach from the doctor†. A practical and novel solution to this problem is suggested in the form of the use of a â€Å"treatment broker† who is defined as: â€Å"a person who is trusted by both patient and doctor and who can help both parties to clarify and communicate their (otherwise implicit) assumptions and expectations†. The’s analysis suggested that the majority of patients in the study did actively want to know if the illness that they had was terminal with over 85% stating that they would wish to be told the truth rather than be given false optimism in an unrealistic fashion. This is contrasted with the finding that, in the study, when a patient was given a terminal diagnosis, the next question was almost invariably a variation of â€Å"what are the chances of a cure?† (Meredith et al 1996). It is also the case that other studies on the psychology of this type of situation have shown that when patients ask about their condition (and this applies not specifically to terminal conditions) they do not want to hear anything other than good news (Costain et al 1999). This argument is extrapolated even further in a study by Leydon and his co-workers (Leydon et al 2000) who provide an excellent qualitative study into patient’s reactions and they cite examples of patients who were interviewed directly after a recorded conversation with a healthcare professional and who overtly denied that they had been given a terminal diagnosis even though this was demonstrably not true. An interesting twist in these discussions of the psychology of the situation is provided by Dean (Dean 2002), who offers a specific insight into the way patients perceive the differences between nurses and other healthcare professionals. He takes the arguments of false optimism and overt denial and examines them further. Again, this paper is specifically concerned with the patient with a terminal diagnosis, and it looked at the differences in the content and tone of the conversations that patients had with both doctors and nurses. A significant finding from this paper was that a patient may choose to overtly collude with the doctor during discussions of â€Å"a cure† but within a very short space of time may choose to talk in a much more open way with a nurse when pretences of a cure are actively dropped. Dean suggests that â€Å"such a dichotomy of approach is not unusual†. He suggests that: Patients may well feel a need for a theatrical faà §ade to bolster their own psychological states as well as to collude with the doctor and indicate that they are remaining positive and confident in the doctor’s ability to try to achieve a cure. And this suggestion is echoed and expanded in the Curtis paper (Curtis 2000) with the observation that, in their more candid moments patients may well wish to get a more â€Å"down to earthâ€Å" response, which they perceive that they will get from the nurse, who they think may not require a faà §ade or even indulge in the sophisticated game play of the doctor. Lynn (Lynn 2001) adds a counter-intuitive note of caution for the nurse with the thought that this situation requires a great deal of careful handling by the nurse, as the psychological mechanism that underlies the nursing approach is that the patient may actually be looking for reassurance and (possibly unexpected) reinforcement of their own false optimism. This is an exemplification of the constant calls in the literature for a holistic and patient centred approach to patient care rather than a blanket approach to this type of clinical problem. The rest of The’s paper is concerned with the psychological theory behind the explanations of just why it is that patients do adopt these defensive positions and just why it is that healthcare professionals frequently collude with them on this issue. It is not particularly relevant to explore this in any further detail as the point is clearly made that a basic understanding of the mechanisms by which patients cope with their adversity and the psychological constructs that are frequently presented in these circumstances is of great importance to the nurse who has to deal with, interpret and empathise with the patient’s particular needs at any given time in their illness trajectory. Nurses are often involved, both overtly and in their everyday work, in the business of Health Promotion. Psychology plays a very important part in the overall success and implementation of health promotion strategies on a both a population and an individual level. The theoretical basis of much recent work in the field of Health Promotion is in the concept of the Attitude-Behaviour theory (A-B theory) (Rise J 2000). This theory suggests that the optimum change in behaviour patterns (at least in the field of health and self-interest) is achieved with the optimum change in attitude (or â€Å"realignment† in the jargon). We opened this essay with a reference to the Theory of Rational Choice. An offshoot of this theory (the Theory of Reasoned Action) modifies the A-B Theory to the extent that it provides a model framework by which one can assess the many divergent processes by which attitudes guide behaviour. The hypothesis states that if people can become highly motivated to make a correct decision and are in a position (because they have been given relevant information), then they are likely to spontaneously engage in a â€Å"deliberate and thoughtful process in deciding how to behave† (Rise J 2000). In the context of Health Education (which was the field that the theories were originally developed in) the theory suggests that if people are given sufficient and persuasive information in relation to their health, then a significant proportion will spontaneously indulge in lifestyle changing activity which can be consistent with healthier living. The significance of these theories is that, if t he nurse has a remit to promote a healthier lifestyle (which is arguably part of a professional remit), she is most likely to have the greatest success in providing significant amounts of information to patients rather than simply dictating to them how they should alter their lifestyle without any significant explanation. This comment effectively brings us full circle to the concept of compliance and conformance as postulated by Marinker. Another issue that has deep seated psychological implications, is the current trend towards teambuilding in primary health care. The ramifications of this concept are huge, and therefore we intend to only discuss the issue by considering a number of the most relevant points. To a large extent, team building overlaps with the concept of multidisciplinary team working. This move has required a redistribution of both power and authority (and thereby a redistribution of responsibility) within the team. (Shortell S M et al. 1998).The psychological implications of this are that if one considers the NHS of more than about twenty years ago its structure was more isolationist and based on individual practice (DHSS 1988). Individual speciality teams and individuals worked in a degree of comparative isolation and this also implied a greater degree of individual responsibility than they have at present. This change has brought about a number of major changes in areas such as ethics and work prac tices which are not particularly relevant to our topic in this essay (and therefore will not be discussed further), and also the psychology of working, which clearly is. The first consideration is the psychology behind the concept of leadership. Leadership is clearly important if one is to have an effective team. In psychological terms styles of leadership can be divided into several categories. The two most prominent being congruent leadership and transformational leadership. A full discus

Bruce Dawe Essay -- Australian Poets Poetry Poems Essays

Bruce Dawe Bruce Dawe is a prominent Australian poet born in 1930, in Geelong. His experiences as a laborer, postman, gardener, and in particular his 9 years as a sergeant in the Royal Australian Air Force, have enabled him to recollect and articulate his memories into a renowned compendium, Sometimes Gladness, which has been described as â€Å"perhaps the most successful book of verse by a contemporary Australian poet†. His anthology contains a variety of poems. The three I will be discussing include The Day that They Shot Santa Claus, The Wholly Innocent, and Homo Suburbiensis, all of which focus on life (or the lack of it) and its ups and downs. The Day That They Shot Santa Claus tells a story through the eyes of a bystander; obviously in central Melbourne (the reference to Bourke St). It elaborates not the death of Santa Claus, but rather the consequences of the event. It tells of extreme sadness after the death of the highly prominent symbol of innocence, happiness and festive spirit, key themes of this verse. The speaker is portrayed very sadly, (yet in a way...