Thursday, October 31, 2019
Identity Essay Example | Topics and Well Written Essays - 750 words - 1
Identity - Essay Example Therefore, our identity is then defined by how we think we fit in to the world around us, and how we feel we stand out (positively/ negatively). Our culture, beliefs and they way our parents have provided us upbringing shapes our thoughts and perception of the situation and hence the world around us. We are a part of the culture that is followed in a country to which we belong, the language we speak the religion we follow the beliefs we acquire through ancestry. This together culminates to a civilization, our ethnicity and no culture can influence it. The way we are presented in the society ascertain and formulate our identity. Our behavior, our communication skills become our tools that enable us to survive and prosper. Our customs and traditions which we follow define our integrity and values we have in our lives. They are the aids of social interaction and do provide an individual a distinctive identity. Therefore identity is personal, social and ethnic and the personality that is shaped out of this is an amalgamation of all these convictions. Thus, establishing one's identity can be both a liberating and an oppressive occurrence as separation from any one of these parameters directly influences the identity and personality of the individual. For e.g. 1. Children who have been separated from their family or country of origin due to migration may become perplexed about their personal and social identities. They experience a number of moves, been cared for by different people in different places, lost important contacts and relationships from their past, been separated from family, friends and their ethnic and cultural networks. 2. Adopted child has some different personality especially those who are from diverse cultural backgrounds or have some kind of disability. Feeling or being made to feel different is a major issue for children who have been adopted. For the adopted child, the stigma of not living with their birth family, living as a cultural or ethnic minority and becoming accustomed to what it means to be adopted are lifelong adjustments. 3. Similar kind of stigma is felt by the children of the prisoners and those who commit punishable offence. Parent's deed affects the individuality of the child and provides a social aloofness, this make the child unique and shapes the personality of a child in a different perspective. The child may start hating the family/ society or parents or cultivate some kind of criminal psyche within the premature mind. 4. Children of the broken marriage also face identity crisis and are confused. They feel ashamed to talk about the disputes their parents have undergone resulting in unsuccessful marriage. It inculcates the seeds of insecurity in the child's mind and changes the psychology of the child. The child does not gain trust on any one and any kind of relationship throughout the life. This is the way personality is changed and shaped. 5. Parents undergoing the phase of mourning after divorce establishes a new sense of self and hence a new sense of identity. It is established that in a long-term marriage, each individual's sense of self-identity becomes tied to the other person and indeed to the marriage itself. Following a broken marriage, each person must reach back into his or her early experience and find other images and
Tuesday, October 29, 2019
FinalTake-Home Exam Essay Example | Topics and Well Written Essays - 1500 words
FinalTake-Home Exam - Essay Example This urban phenomenon is actually the effect of the larger American policies of relating the nationââ¬â¢s economic structure with the global economy. In the decades following the 1970s, huge corporate owners and multimillionaires have encouraged the fall of ââ¬Å"Fordist-Keynesian model of accumulationâ⬠and have witnessed the growth of ââ¬Å"neoliberal-globalizationâ⬠model (Arena, 2012, p.xx). In order to cope with increasing globalization, the ultra rich class has used the tactics of stripping the urban areas of poverty and low-income classes. The idea was to shift the base of production to low wage areas in the south of the U.S. In these areas, business activities are not dictated by labor unions and also there are close ties between state and local governments. Thus, the brunt of gentrification has been endured by the worker class since wages have declined sharply. On the other hand, the benefits fell on the affluent population of American cities. Gentrification h as essentially hindered the growth of production center as the focus was on expanding the service sector. During the second half of the twentieth century, the industrial areas of American cities were transformed into centers of urban amenities like hotels, restaurants, malls and so on. Thus, wealth began to get accumulated in the hands of the ultra rich making them even richer at the expense of poorer urban community. The author has explored the political struggles in New Orleans that occurred as a result of privatization of public housing. From 1960s onwards the U.S. federal government played a vital role for providing housing provisions at affordable rents, and for this the government promoted strategies that encourage financial sponsorship of the private owners of rental housing sectors. Contrary to the properties that are publicly owned, houses that are constructed solely for the purpose of providing housing at affordable rents were construction by support from federal programs like Low Income Housing Tax Credit launched in 1986, and home funds from National Affordable Housing Act of 1990 (Arena, 2012, p.4). Such subsidization of private housing has been supported by the political opponents since it was an appropriate process for delivery low rent housing provisions. It has been claimed that historically U.S. government has failed to provide quality public services at low price because of inefficient bureaucracies. Failure of the government encouraged private sectors to enter public service sector in order to provide quality services at affordable prices. This also enhanced the financial interest of the private sectors. The two housing projects, St. Thomas and Iberville were identified as lucrative areas by political and economic elites, especially the areas inhabited by the African American community. The area surrounding St. Thomas which was predominated by the Blacks was particularly regarded as a hindrance to tourism. The idea was to evict this communi ty in order to transform the citiesââ¬â¢ factories, warehouses and low income housing to promote tourism. Struggle ensued when the responsibility of removing the Blacks fell on the black political elite. In the year 1986, two black candidates participated in the mayoral race. William Jefferson who was an Angle- African American became the mayor that year. The losing candidate, Sidney Barthelemy befriended the low
Sunday, October 27, 2019
Judicial Review problem question essay
Judicial Review problem question essay Judicial Review problem question (3000 words) Part 1 The first significant area for consideration in this scenario is whether Jack will be granted permission to proceed with his application for judicial review. He is seeking review of a decision by an internal disciplinary tribunal that he be dismissed for unprofessional conduct. The tribunal found unanimously in favour of dismissing Jack. In order to assess whether Jack will be permitted to pursue his claim for review, the nature of jusidical review must briefly be considered. Following the Bowman Report of 2000, in the light of Lord Woolfeââ¬â¢s recommendations for law reform, the regime of judicial review has been altered in certain ways. The 1977 reforms of the procedure did not state expressly that judicial review was an exclusive procedure.[1] It was in the case of Oââ¬â¢reilly v Mackman (1983) that the court considered the issue of exclusivity. In this case, the House of Lords held that it would be contrary to public policy to allow an applicant to seek to enforce public l aw rights by way of ordinary action rather than by way of judicial review. In the present instance, then, it must be considered whether the decision of the tribunal is a public or a private law matter. The ruling of the House of Lords in this case means that procedural exclusivity exists in cases of public law. In order to assess whether Jackââ¬â¢s case is one of public law, the common law must be considered in this area. In Cocks v Thanet District Council (1983), the House of Lords held that under the relevant Act in the case, the Housing (Homeless Persons) Act 1977, the housing authoritiesââ¬â¢ functions were essentially public law functions. These functions included deciding whether they had a duty to house the applicant under the 1977 Act. It was only after this decision had been made, and if it was considered that such a duty did exist, that private rights and obligations would arise. In Roy v Kensington and Chelsea and Westminster Family Practitioner Committee (1992), the House of Lords held that an issue was concerned exclusively with a public right should be determined in judicial review proceedings. This strict application of the exclusivity principle, however, has been superceded by the more liberal approach characterised in the decision of Clark v University of Lincolnshire and Humberside (2000). In his judgement, Lord Woolfe explained the effects of the new Civil Procedure Rules on the rule in Oââ¬â¢reilly v Mackman. ââ¬Å"The intention of the CPR is to harmonise procedures as far as possible and to avoid barren procedural disputes which generate satellite litigation.â⬠[2] The important question has become whether failure to follow the correct procedure amounts to abuse of process of court. In the present case, then, the question of whether this matter is properly described as public law or private law is of the utmost significance. As long as Jack can satisfy the court that the functions of the tribunal are public law ones, he will most likely be granted permission to proceed with his claim. This, however, may be difficult. In R v Legal Aid Board, ex p Donn Co (1996), Ognall J stated that ââ¬Ëthere can be no universal testââ¬â¢ for deciding whether a matter is properly described as public law. If the tribunal is a public body, it will have derived its authority from statute or delegated legislation (as opposed to deriving powers from the agreement of those who are subject to the body). Some guidance as to what would constitute a public body was offered by the Court of Appeal in R v Disciplinary Committee of the Jockey Club, ex p Aga Khan (1993). Here it was held that although the Jockey Club regulated a significant national activity, it did not properly constitu te a public body, as it was not mentioned in statute, and its powers were simply over those who agreed to be bound by it. In Jackââ¬â¢s case, however, the tribunal does indeed derive its powers from statute. Furthermore, following R v Panel on Take-overs and Mergers, ex p Datafin plc (1987), the court should look to the nature of the functions the body performs, as well as its origins. The functions of the tribunal will be considered to be public law functions, and so in the light of the doctrine of exclusivity, Jack will be granted permission to proceed with his claim for judicial review. Part 2 There are various grounds that may arise for Jack to pursue his claim for judicial review in the scenario. Firstly, Jack is told by the tribunal that he may not have legal representation present. Furthermore, although he is entitled to have a friend or relative present at the proceedings, this person must not be legally qualified. Is this a breach of protocol? In other words, does Jack have a right to be represented at the Tribunal? It is established at common law that no such right exists. In the case of R v Board of Visitors of HM Prison, the Maze, ex p Hone, the appellants claimed that the Boardââ¬â¢s refusal to allow them to be legally represented at the disciplinary proceedings was counter to natural justice. Lord Goff, however, said ââ¬Å"it does not follow that simply because a charge before a disciplinary tribunal â⬠¦ relates to facts which in law constitute a crime, the rules of natural justice require the tribunal to grant legal representation.ââ¬â¢ According to this analysis, then, Jack does not necessarily have a right to legal representation. Whether legal representation is granted is a matter, in this instance, for the tribunal to decide. In doing so, it must take into account a number of factors. These include whether there are complex matters of law at issue (which it does not appear there are in this case); and whether Jack is incapable of presenting his own case. If fairness dictated that Jack should be allowed representation for either of these reasons, then of course he should be, but the tribunal appears to have acted within its rights to deny him this representation in the present instance. Lord Denning highlighted this principle in Pett v Greyhound Racing Association (1969): ââ¬ËIt is not every man who has the ability to defend himself on his own â⬠¦ He may be tongue-tied or nervous, confused or wanting in intelligence.â⬠Jackââ¬â¢s tribunal could make a case for denying Jack representation, and this is not there fore a suitable ground for his claim for judicial review. The second issue relates to the tribunalââ¬â¢s decision to limit Jackââ¬â¢s witnesses to five, as opposed to the ten he originally sought to act as character witnesses. There are two possible avenues which Jack could proceed down with this. The decision can be identified as falling within, perhaps, one of the original categories of grounds for judicial review as set out by Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service (1985). This ground was irrationality, which was likened in that case to the principle of unreasonableness identified in the other key case for judicial review, Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948). This principle of irrationality applied, in Lord Diplockââ¬â¢s words, to ââ¬Ëa decision which I so outrageous in its defiance of logic or of accepted moral standards that no sensible person who has applied his mind to the question to be decided would have arrived at it.ââ¬â¢[3] This was ada pted and mollified somewhat by Lord Cooke in R v Chief Constable of Sussex, ex p International Traderââ¬â¢s Ferry Ltd (1999), who asked ââ¬Ëwhether the decision in question was one which a reasonable authority would reach.ââ¬â¢ The problem of proceeding down this avenue, for Jack, is the high standard of proof which Jack must meet in order to be successful in his claim. He would need to show that the decision to limit his witnesses to five would not be reached by any reasonable person. Lord Ackner identified the reason for this high level of proof as being that judicial review is a supervisory process, not an appellate jurisdiction (R v Secretary of State for the Home Department, ex p Brind (1991)). It seems unlikely that Jack would succeed in establishing that this decision on the part of the tribunal was so irrational as to be worthy of judicial review. He would more likely be successful following the second potential avenue in relation to this decision of the tribunal; that of procedural impropriety, which was also one of the original grounds for judicial review identified in the GCHQ Case. This phrase encompasses both the breach of statutorily defined procedural rules, and also the breach of common law rules of natural justice. Jackââ¬â¢s claim in this area will depend in part on the procedural rules set out in the relevant statute governing employment tribunals. If the tribunal has not complied with statutory provisions by limiting Jackââ¬â¢s witnesses to five, it will be considered to have acted ultra vires. In this case, the tribunal has met with its statutory obligation under the Tribunals and Inquiries Act 1992, s10 to give reasons for its decision to limit the number of witnesses to five for each side (ââ¬Ëit would not be administratively expedient to allow the calling of such a large number of witnesses, particular ly as it is the view of the tribunal that many of the witnesses would not provide evidence which would have a material impact upon the outcome of the proceedingsââ¬â¢). It is a central principle of natural justice that Jack must be entitled to a fair hearing. It is in this area that Jack has the best chance of securing judicial review of the employment tribunalââ¬â¢s decision. Firstly, in relation to the composition of the panel, Jack has a valid complaint against the inclusion of a member of staff with whom he had a relationship that ended acrimoniously. This instantly raises the possibility of bias in the tribunal panel. English courts have developed two tests for bias, based on reasonable suspicion, and on real likelihood. In R v Gough (1993), however, it was held that the same test should be applicable in all cases of apparent bias. This test is whether there is a real danger of bias. Given the nature of the womanââ¬â¢s previous relationship to Jack, it is fair to suggest that there is a real danger of bias. This, then, according to the Gough test (despite subsequent challenges to that test in cases such as Porter v Magill (2002)), would g ive Jack a strong ground for seeking judicial review. Part 3 The grounds under which Jack might be able to pursue his claim for judicial review have been considered. Purely on the grounds for judicial review, Jackââ¬â¢s best chance of success lies with the danger of bias in the composition of the panel in the tribunal, given that one of his ex-girlfriends is a member of it. Jack might well, however, be able to strengthen his claim by supporting it with Human Rights Act claims. The impact of this will be considered on each of the possible grounds for review outlined above. Firstly, in respect of the decision by the tribunal not to allow Jack to be legally represented, it is possible that although this is not necessarily improper in itself, it may be a breach of Jackââ¬â¢s human rights as encompassed in the European Convention on Human Rights, incorporated into English law by the Human Rights Act 1998. The relevant article of the Convention is Article 6, which guarantees the right to a fair hearing. This entitles Jack, ââ¬Ëin the determination of his civil rights and obligations â⬠¦ to a fair and public hearing.ââ¬â¢[4] Firstly, does this cover tribunals of the sort Jack is involved in? In the case of Ringeisen v Austria (1971), the European Court held that Article 6(1) covers all proceedings whose result affects private rights and obligations. In the present instance, Jackââ¬â¢s right to continue working as a teacher is to be determined by the outcome of the tribunal. It seems then, that his case is at least covered by the Article. The Article only confirms that Jack would have a right to legal representation, however, if he were charged with a criminal offence. ââ¬ËEveryone charged with a criminal has the following minimal rights â⬠¦ to defend himself in person or through legal assistance â⬠¦Ã¢â¬â¢[5] This, however, is merely a civil offence, so once again, there is no guarantee that Jack should be granted legal representation under the ECHR. The same Article of the Convention is also applicable, however, to the composition of the tribunal panel as well as the manner in which the tribunal was conducted. Firstly, the Article guarantees the right to a ââ¬Ëfair and public hearing within a reasonable time by an independent and impartial tribunalâ⬠¦Ã¢â¬â¢[6] In the European Court case of Langborger v Sweden (1989), the Court established that ââ¬Ëeven if individuals are technically qualified to address a given issue and even if there is no subjective reason to doubt their personal integrity, it is important that the appearance of objective impartiality and independence is observed.ââ¬â¢[7] More specifically, in the case of Sramek v Austria (1984), those adjudicating a particular matter cannot be seen to have a relationship with any of the parties. This case law clearly impacts upon Jackââ¬â¢s case, as the previous relationship he had with the female member of the panel can be seen to breach this principle of f airness and impartiality, despite her assurances that the history had no effect on her judgment. Furthermore, also under Article 6(1), the court or tribunal is required to give reasons for its decisions. Jackââ¬â¢s employment tribunal met this requirement insofar as it gave reasons for its refusal to allow Jack more than five witnesses, but it must also have given reasons for its unanimous decision to dismiss Jack. Perhaps linked to this is Jackââ¬â¢s right under the same Article to a ââ¬Ëfair hearingââ¬â¢. The fact that Jack noticed one of the panel was falling asleep during his defence hardly seems commensurate with this principle. He could conceivably, then, mount a challenge to the decision of the tribunal based on human rights claims under Article 6 of the ECHR. He would have two substantial avenues of challenge; firstly the impartiality of the tribunal could be called into question due to its inclusion of Jackââ¬â¢s ex-girlfriend. Secondly, the conduct of the tribunal itself, particularly the fact that a member of the panel was falling asleep during Jackâ⠬â¢s submission, suggests Jack would have a valid claim for breach of his rights. In this scenario, then, Jack would be able to establish grounds for his claim for judicial review. The tribunal is exercising a quasi-judicial function, and would be properly categorised as a public law function. As such, judicial review is the proper way to proceed to challenge its decisions. In terms of actual grounds for review, Jackââ¬â¢s best chances lie with the composition of the panel. The inclusion of his ex-girlfriend, despite the panelââ¬â¢s claim to the contrary, could be seen to have an adverse effect on the impartiality of the panel. Again, the falling asleep of one of the panelââ¬â¢s members during Jackââ¬â¢s presentation also gives ground for judicial review due to procedural impropriety. It seems the panel has acted within its rights to deny legal representation to Jack. Nor is this legal representation guaranteed under human rights legislation, as this is clearly a civil matter, while the ECHR only guarantees legal representation in criminal cases. Again , in the context of the Human Rights Act 1998, Jackââ¬â¢s best chances of mounting a strong case for breach of his rights lies in the composition of the panel and the conduct of the hearing. These seem to have constituted potential breaches of Article 6 of the ECHR. BIBLIOGRAPHY Statutes Civil Procedure Rules 1999 European Convention on Human Rights Housing (Homeless Persons) Act 1977 Human Rights Act 1998 Tribunals and Inquiries Act 1992 Cases Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Clark v University of Lincolnshire and Humberside [2000] 3 All ER 752 Cocks v Thanet District Council [1983] 2 AC 286 Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 Langborger v Sweden (1989) Oââ¬â¢reilly v Mackman [1983] 2 AC 237 Pett v Greyhound Racing Association [1969] 1 QB 125 Porter v Magill [2001] UKHL 67 R v Board of Visitors of HM Prison, the Maze, ex p Hone [1988] AC 379 R v Chief Constable of Sussex, ex p International Traderââ¬â¢s Ferry Ltd [1999] 2 AC 418 R v Disciplinary Committee of the Jockey Club, ex p Aga Khan [1993] 2 All ER 853 R v Gough [1993] AC 646 R v Legal Aid Board, ex p Donn Co [1996] 3 All ER 1 R v Panel on Take-overs and Mergers, ex p Datafin plc [1987] QB 815 R v Secretary of State for the Home Department, ex p Brind [1991] 1 AC 696 Ringeisen v Austria (1971) Roy v Kensington and Chelsea and Westminster Family Practitioner Committee [1992] 1 AC 624 Sramek v Austria (1984) Secondary sources Gomien, D. (2005) Short Guide to the European Convention on Human Rights (Strasbourg: Council of Europe) Leyland, P., and Woods, T. (2002) Textbook on Administrative Law, 4th Edition (Oxford: OUP) Parpworth, N. (2004) Constitutional and Administrative Law, 3rd Edition (London: LexisNexis) Footnotes [1] See, for example, Parpworth, N. (2004) Constitutional and Administrative Law, 3rd Edition (London: LexisNexis), p264 [2] Quoted in Parpworth, p270 [3] Quoted ibid, p309 [4] European Convention on Human Rights, Article 6(1) [5] Ibid, Article 6(3)(c) [6] Ibid, Article 6(1) [7] Quoted in Gomien, D. (2005) Short Guide to the European Convention on Human Rights (Strasbourg: Council of Europe), p56
Friday, October 25, 2019
The Foundations of Whiteheads Philosophy of Education :: Science Learning Papers
The Foundations of Whitehead's Philosophy of Education The inspiration for this paper comes from the Fiftieth Anniversary of the death of Alfred North Whitehead and the theme of this Congress. In Aims of Education, Whitehead describes the role of freedom and limitation in the educational process. The foundations of these concepts, and important clues to their application, can be found in his general metaphysical framework outlined in Process and Reality. Positive and negative prehensions seem to be the model for freedom and limitation; hence, the latter concept implies the discipline of subjective aim. This analysis supports an interpretation of the mutual complementarity of freedom and discipline, with obvious applications to the educational process. Published initially in 1929, Alfred North Whitehead's The Aims of Education is certainly not a new book. However, since last year marked the 50th anniversary of Whitehead's death as well as my preparations for this World Congress, the general theme of which is "paidaia," it seemed the fitting moment to reread this classic and reflect once more upon its inspiring insights and timeless wisdom. The Aims of Education is really a set of essays first composed as lectures. Whitehead delivered these lectures at Cambridge, England, and at Harvard University between the years 1912 and 1928. His stated purpose was to "protest against dead knowledge." (AE, v) Perhaps these protests ought to continue into our own generation, but I hesitate. I am afraid that one of the casualties of any success in such protests might well be Whitehead himself, for the abstract, general nature of his thought has always been a challenge to professional philosophers and nearly incomprehensible to young philosophy stu dents. Nevertheless, pondering Whitehead's thought has always been, in my opinion, well worth the effort for those who persevere. The third chapter of The Aims of Education, entitled "The Rhythmic Claims of Freedom and Discipline," is where I find the essence of Whitehead's educational philosophy. This philosophy, I shall argue, is simply a reiteration in educational language of the core principles of his general philosophy as stated in Process and Reality and in Science and the Modern World. Let us begin with the term "value." Science and the Modern World provides us with an earlier interpretation of this notion. Here Whitehead explains that "'Value' is the word I use for the intrinsic reality of an event." (SMW, 93) Now an "event" for Whitehead constitutes a fundamental datum of reality.
Thursday, October 24, 2019
English-language films Essay
There is quote by Martin Luther King Jr that says ââ¬Å" Human progress is neither automatic nor inevitable, every step toward that goal of justice requires sacrifice,suffering and struggle , the timeless exertions and passionate concern of dedicated individuals. So, the path to justice will always be a challenge as it is inevitable, injustice anywhere is a threat to justice everywhere. Along the line of justice , we may face challenges and must learn to face it head on in order to overcome this obstacle. Through the 3 texts studied, it can be concluded that along the line of justice there will always be challenges faced and one may succeed or fail based on their individual will to do so. For instance , Amir the protagonist from the Kite Runner shows this clearly when he faced many challenges that lied in front of him in order to bring justice and redemption for what he had done in the past . Amir had to encounter the problem of going back into Afghanistan, which at that particular period of time was a war-torn country and is potentially life threatening to anyone who can be said to be courageous or mentally deranged to do so. But , after learning from Rahim Khan that Amir and Hassan were actually half brothers ,Amir with devastation from the news pulled through with courage and marched into the country with the sole purpose of saving Sohrab from the evil grasps of Assef, whom at that time was the Taliban leader. Amir confronted Assef and in return Assef challenged him to a duel to the death. Amir had no choice to face his demons of the past by going against him head on in hopes that he can bring redemption and justice to Hassan. Amir was beaten to a pulp by Assef mercilessly and was at the brink of death. With the aid of Sohrab with his slingshot, both of them managed to escape. One challenge after another , Amir had to face the problem at the American Embassy when he could not get Sohrab a visa to bring him into America. When Sohrab heard about the news he could not bare with the news and decided to commit suicide. At all odds , Amir persevered through the hardships and managed to save Sohrab and brought justice for Hassan and Sohrab. Thus , it can be seen that challenges will always be faced as Amir went along the path to justice . Moreover , Molly from the Rabbit Proof Fence also shows that challenges will be faced in order to achieve justice. Molly was a young half caste girl had to face the challenge of escaping the camp that she was forced out , reason being that she wanted to go home back to her family and could not stand the injustice that was occurring there .It was evident that Molly was a strong willed leader who would not take failure as an answer. Molly who courageously escaped from the camp had the challenge of not only avoiding being captured and brought back to the camp where they beat up those who tried to escape but also had the responsibility taking her little siblings under her wing to ensure they were safe.Also, Molly had another challenge when she and her siblings realized they were following the wrong fence. Any normal person would at least show a hint of despair or depression, yet Molly kept a stern face of determination and continued to lead her siblings with a confident personality. On the way home, Molly also faced the problem of starvation where she could have faced the possibilities of death but still made the quick rational decision to move on and persevere. Luckily for her and her young charges , she met a traveler along the journey and was given some food .Hence, it can be seen that in the path to justice many challenges will be faced as Molly had to face challenges in order to obtain her justice which was her freedom . Lastly another good example of the path of justice will have many challenges is shown by the character Momm. Momm who had been pimped for five years and seemed near to cracking from the strain had been given justice by Nick and she was brought back to her hometown all the way across Cambodia. Momm faced the challenge of confronting her family, she feared that aft er not having kept in contact with her family for so many years her family would not accept her and felt that she herself had brought dishonor to her family. But , her family welcomed her home with open arms and was very supportive of her opening a business back in her hometown. This shows that the family is willing and able to support her and empower her.Even so, Momm had another challenge which was being addicted to drugs , specifically methamphetamines. Because of this she had to fight her inner demons back and forth, failing to do so. The addiction overtakes her and she failed to break off from this challenge thus leading her to go back to the very place that was filled with injustice. This showed that all the help resulted in failure and Momm was not able to take the bull by the horn and face the adversaries. In conclusion , it is crystal clear that in the path of justice there will be many challenges , as for Momm she had been given the chance of freedom and justice but addict ion took over her mind and body.
Wednesday, October 23, 2019
Role of the Learning Mentor
A 2, 500 word assignment which examines the role of the learning mentor and analyses the strategies used in supporting science, evaluating the impact on pupilsââ¬â¢ learning. This essay will explore and evaluate the role, the responsibilities and the purpose of the learning mentor. It will highlight and review strategies used in schools today to support childrenââ¬â¢s education, assisting them to develop skills and achieve their full potential. The learning mentor has a large range of duties which require the ability to encourage social inclusion, collaborate with external agencies for specialist support and expand care to families and carers.Responsibilities also include the contribution to the assessment of pupils, the transition and pastoral care of vulnerable students and to identify and remove barriers to learning that some young people are faced with during their time in education. All of these areas will be considered and analysed. I will thoroughly examine current pract ice, theory and reflect upon my own development. Whilst examining the role of the learning mentor, I will be specifically looking at science and how it is taught and supported in schools today.My aim is to highlight the importance of the learning mentor and the impact they have on a childââ¬â¢s achievement and success. It will also indicate how the learning mentorââ¬â¢s holistic approach builds self confidence, a sense of emotional belonging and overall creates the best conditions for students to flourish academically as well as personally. Consequently, this will allow me to develop and improve my own practice and professional progression in the future. Education has not always recognised the holistic needs and development of children.However, over the years, the education system has seen a considerable amount of changes. It has been revolutionalised, transforming teaching from learning by rote to a multisensory, child centred, personalised education. This is due to many fact ors such as the development of technology, changes in society, values and attitudes, the recognition of children with additional needs and the implementation of learning mentors and support staff. So, when were learning mentors first introduced into schools and why?In 1999, as an out come from the 1997 White Paper, the Excellence in Cities (EiC) initiative was launched by the government to raise standards of attainment and was first piloted in disadvantaged, inner-city schools. As stated in Excellence in Cities: The National Evaluation of a Policy to Raise Standards in Urban Schools 2000-2003 (2005), Britain was in need of ââ¬Ëinclusive schooling that recognises the different talents of all children and delivers excellence for everyoneââ¬â¢. To achieve this objective, EiC implemented a gifted and talented programme, to provide extra support for 5-10 per cent of pupils in each school.Learning Support Units (LSUââ¬â¢s) were also introduced to provide intervention teaching and support programmes for difficult or vulnerable students and learning mentors were created to help students overcome educational or behaviour problems, ensuring that schools were inclusive of all. As highlighted by M. K Smith (1999) schools were able to utilise Learning Mentors for different matters according to their individuality, however the government did set out for the leaning mentor, four main objectives. These core beliefs from EiC are explained in Good Practice Guidelines for Learning Mentors (DFES 2001).Firstly, the learning mentor should have high expectations for every pupil, meeting the needs of all and taking an individualised approach to teaching and learning, ensuring barriers are removed so children can aspire regardless of the difficulties they may come up against. Barriers to opportunities could include family problems, bullying, low self esteem and poor social skills. The learning mentor must also establish good working relationships with pupils, parents, the com munity and other outside agencies.By creating a network, schools are able to work collaboratively to promote diversity, share good teaching practice and enhance performance throughout the area. The role of the learning mentor was not only introduced to improve the progress of low ability students, following a report by J. Freeman in 1998 which investigated research on the teaching and learning of high ability children, the government recognised that ââ¬Ëprovision for the highly able was not satisfactoryââ¬â¢ and that children who are gifted and talented ââ¬Ëhave as much of an entitlement to have their needs addressedââ¬â¢ OFSTED (2001).Therefore, learning mentors provide extended learning opportunities to pupils to assure the prevention of a ââ¬Ëglass ceilingââ¬â¢ that could potentially restrict performance. Besides from the objectives set out by the government, the role of the learning mentor is complex and extensive. Good Practice Guidelines for Learning Mentors (DFES 2001) makes clear that they are disciplinarians, nor classroom assistants. They are an active listener, a role model, a guide who negotiates targets and supports pupils, carers and parents whilst remaining reliable, non judgemental and realistic. R.Rose and M Doveston (2008:145) defines mentoring as ââ¬Ëlearning within a social contextââ¬â¢ with learning mentors recognising ââ¬Ëthe necessity to ensure that students feel both comfortable with and in control of the learning process. ââ¬â¢ This social collaboration is clearly influenced by Vygotsky (1962) and his theory of social constructivism. A key point of Vygotskys theory is the Zone of Proximal Development (ZPD). As explain by Oakley (2004), the ZPD is the gap between a childââ¬â¢s actual level and the level of which the child could achieve with the guidance from an experienced adult, in this case, the learning mentor.This adult intervention can also be linked to the idea that Bruner put forward, labelling th is type of assistance as ââ¬Ëscaffoldingââ¬â¢. A concept where a more able person provides guidance and support until the learner becomes independent. When evaluating the helping relationship, G. Eganââ¬â¢s theory takes a holistic, person centred approach, resulting in the ability to ââ¬Ëdevelop more options in their livesââ¬â¢, Egan (1990:7). The changes brought about by EiC have shaped the way education system is today, with teachers and learning mentors taking on a child centred, holistic, inclusive and personalised approach.In 2006, the Department for Education and Skills published the 2020 vision: report of the Teaching and Learning in 2020 Review presenting a vision to provide pupils with personalised learning offering a more adaptable curriculum. The 2020 vision: report of the Teaching and Learning in 2020 Review (2006:3) points out that ââ¬ËWhen taken as a whole across the education system, in all schools, for all pupils, we think personalising learning has the potential to transform education. ââ¬â¢ The Assessment for Learning Strategy 2008 explains the importance of assessment in education.It aims to ensure every child is aware of their performance and how to improve allowing them to become independent initiators of their own learning and by informing parents and carers of assessment outcomes, children are also supported at home. In schools, assessment for learning happens constantly by teachers, learning mentors, teaching assistant and peers. Examples of formative assessment are precise learning objectives, peer and self assessment and immediate verbal or written feedback. Summative assessment gives a broader view of improvement and uses standardised tests.Assessment is essential for schools to plan the next steps for pupils in order to close the gap in attainment and is vital to effective personalised teaching and learning. In 2008, OFSTED evaluated the impact of assessment for learning on inclusion identifying that it is benef icial to pupils with special educational needs (SEN), providing pupils with the opportunity to discuss, question, explore and review ââ¬Ëbuilds an understanding of what success looks like and how to apply skillsââ¬â¢ OFSTED (2008:21).Assessment for learning therefore clearly goes hand in hand with personalised learning allowing children, teachers, learning mentors and parents to reflect, evaluate and advance. Subsequently, as indicated by Capel and Gervis (2009: 135) when feedback is given in conjunction with praise, pupils are more motivated to continue to make effort with a positive approach to the activity. Maslow (1970) made this very argument with his hierarchy of needs theory explaining that in order to feel the need to fulfil oneââ¬â¢s potential, other needs such as self esteem or love and belonging must be met first. Aspects of Maslowââ¬â¢s theory can also be seen in government frameworks used in schools. Although currently under review, Every Child Matters (2003 ) has five outcomes, areas which are central to the learning mentors work. For example for children to ââ¬Ëbe healthyââ¬â¢, the learning mentor may be involved with setting up breakfast clubs, arrange sporting activities or promote healthy dinners. As for ââ¬Ëstaying safeââ¬â¢ they might organise police visits, implement a listening room or create an anti bullying initiative.For children to ââ¬Ëenjoy and achieveââ¬â¢ they may perhaps provide one to one intervention to support achievement, have homework clubs and offer assistance for transition. The learning mentor could also arrange community work, school council groups and circle time, giving pupils the opportunity to ââ¬Ëmake a positive contributionââ¬â¢. And to allow children to achieve economic well-being, the learning mentor may possibly organise work experience, seek career advice and work with parents and other outside agencies. As a teaching assistant, my role differs from that of the learning mentor. The responsibitlies of the teaching assistant, although still aim to support pupils to reach their full potential are not as broad at the support offered by a learning mentor and is approached from a somewhat different angle. This is highlighted in a video at teachermedia. co. uk 2 outlining the differences between these two roles. From my experience, teaching assistants are usually classroom based; however work together with teachers and learning mentors to ensure the best type of individual support can be provided for all.With experience of supporting and teaching the national curriculum in year 3, I have observed the learning and development of many children. One subject which always usually requires a range of support strategies is science. Science is not just the teaching of facts and theories. As stated in the report, Primary Science (2003), teaching science equips pupils with indispensable skills that are transferable throughout different parts of the curriculum. The report e xplains how the main aim of primary science is to ââ¬Ëstimulate pupilââ¬â¢s curiosity in the world around them and encourage critical and creative thinkingââ¬â¢ (2003:1).The National Curriculum (1999) sets out the statutory programme of study for science, the four main areas of teaching are, life processes and living things, physical processes, materials and their properties and scientific enquiry. For pupils to achieve in science there is a balance needed between teaching factual knowledge and the skills of scientific enquiry. For example, students must be given the opportunity to address questions scientifically, plan and carrying out experiments, build on previous knowledge and interests, evaluate and discuss ideas.The teaching of science is essential as it promotes learning across the curriculum including spiritual, moral, social and cultural development, key skills, thinking skills, communication, application of number, working with others and information technology. à ¢â¬ËSuccessful Scienceââ¬â¢, a report by OFSTED (2011) found that the impact of good teaching could be seen when more practical science lessons were taught, when pupils were involved in peer and self-evaluation and when the pupils were given the opportunity to develop the skills of scientific enquiry by taking part in decision-making, discussion and research.Teaching was seen to be more engaging when the science that they were learning about had relevance to their lives and experiences. When I was asked to plan and teach block of lessons on magnets to a group of middle ability year 3 children, it was important to take into account many factors. How much science motivates children? What teaching strategies and theories to use? Would it need to be differentiated and how could I ensure progress had been made? The plan involved a range of multisensory activities such as testing magnetic materials around the school, finding the strongest magnet, watching videos, labelling the irecti ons of force. Such activities were tailored for multiple intelligences, Gardner (1983) and also exercised both right and left brain skills ensuring the engagement and motivation of both boys and girls, Cheminais (2008). The lessons had clear, precise learning objectives as research shows that this works as classical conditioning, the action of providing a lesson objective will result in the learnerââ¬â¢s response in knowing what to expect to learn, Gange and Medker (1996). Theories that influenced the teaching strategies used include both constructivists and social constructivist teaching.For example, for the pupils to develop their scientific enquiry skills, the activities were designed to allow them to construct their own learning through experiences. This meant that by planning and carrying out an experiment to find the strongest magnets, the students gained the knowledge that the strongest magnet is not always the largest magnet. Alfrey (2003) explains that Piaget thought tha t children have to assemble their own comprehension and ââ¬Ëassimilateââ¬â¢ from such experiences, creating mental structures called ââ¬Ëschemasââ¬â¢.Piagetian theory views the role of the adult as someone who is to provide a rich, stimulating environment for children to naturally discover, explore and actively build their own schemas through stage appropriate activities and tasks that will eventually support assimilation and accommodation. Some aspects of social constructivist teaching methods were used in the lesson, for instance the pupils were collaboratively seeking answers, and they shared their ideas, had group discussion and developed their listening skills.During the session the children asked lots of questions, this again showed just how involved the children were and how they were actively seeking answers and explanations. Talking Science Pedagogy (2008) summarises five teaching models used in science. Direct interactive teaching was used in the lessons when t he magnets were first introduced to the children. Scientific vocabulary was taught such as north and south pole, magnetic field, attracts and repel.When the children learnt that opposites attract and the same repel, we used girls and boys to create an analogy in order to help them to picture it. During the lesson some issues did arise that could have potentially affect learning. The children had their own presumptions about magnets which lead to misconceptions. To identify these, the students were asked to discuss what they already knew about magnets, and then create a mind map with the findings. These included, ââ¬Ëthey stick to stuffââ¬â¢, ââ¬Ëthey stick to anything metalââ¬â¢ and ââ¬Ëbig magnets are strongestââ¬â¢. .
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