Thursday, January 30, 2020
All of our Choices are Predetermined Essay Example for Free
All of our Choices are Predetermined Essay The Universe appears to be governed entirely by laws, studies of physics seem to show that atoms follow an extremely predictable pattern of cause and effect. This presents a difficult problem for philosophy; if all physical matter is governed by the laws of cause and effect, and we ourselves are comprised of physical matter, how could it be so that any choices we make could be seen to be free? The suggestion that our choices are set out by cause and effect is known as Determinism. Philosophers such as Ted Honderich have argued for determinism and for the consequences that it cancels out free will. It seems insensible to argue that we are not in the least bit determined, and almost all people know from personal experience that people act in a relatively stable and predictable way. For example, if I were to ask my father if he wanted tea or coffee, I would know that he would want coffee based on his love of coffee, and hatred for tea. This preference could not be argued in any way to be a choice made by him, we do not choose what we like, but simply do. Whether our preferences are based on nature or nurture is an ongoing debate, but regardless of the final conclusion, as long as our opinions are based on either of the two options, we would be seen to be determined. Nature is not in our control, neither on the other hand, is nurture. If our personalities are based on environmental or genetic factors and nothing else then our actions are surely determined. This position is extremely convincing and was famously used by Clarence Darrow to prevent two murderers from receiving the death penalty, he argued that they where a product of their upbringing and as such could not be held morally responsible for their actions. This meant, while they could be jailed to prevent threat to society, they could not be punished with the death penalty. The viewpoint of Determinism, while convincing, is by no means universally accepted. The argument seems to go against our intuitions that we are free -although it is notable at this point that our intuitions themselves are philosophically worthless, we cannot argue for an element of truth on the grounds that we feel it is true- and is seemingly incompatible with the view of a God who punishes and rewards his creations with heaven and hell. If our actions are predetermined, then it seems that punishment in hell would be arbitrary. God would simply be creating people in a flawed way, and then punishing them for his poor skills of creation. Needless to say, this viewpoint is not accepted by many Christians and so there have been many arguments for a lack of determinism in philosophy. The belief of Libertarianism, is that we are completely free; in the words of Jean-Paul Sartre I am not free not to be free. Though Sartres beliefs on free will were more assertions than arguments of proofs, he summarises the Libertarian view point perfectly. All our actions are completely freely chosen, our only confinement is that we cannot be confined. Libertarianism has the difficult task of explaining how it is possible to defend non-determined choices in an environment where all things seem to be determined by cause and effect. As already stated, if our personality is held to be nothing but a result of nature of nurture, then determinism must be accepted as a matter of logical consistency. From this, many Libertarians would stipulate the existence of a super-natural element to our personality. For example, if one were to believe in a soul, then it is possible to argue the physical laws of cause and effect have no bearing on our actions. This does seem to contradict fairly obvious observable evidence. Psychology has frequently found causes for human behaviour, and it is difficult to explain the consistency and successes of this particular scientific discipline if we do not accept that our choices are determined in some way. One of the more successful attempts of Libertarianism to discredit Determinism is the pointing to laws of physics that do not seem to obey causality. Heisenbergs Uncertainty Principle shows distinct examples of elements of nature acting randomly, and not due to cause and effect. There are two main criticisms that can be made of this argument; One, that this principle only functions on an minute level, while actual objects such as people still obey determined laws of physics (although science has proven the principle can be amplified to affect people), and; Two, that even where actions random, there would still not be free will, while we would not live in a predetermined environment, we would still live in a (randomly) determined environment. If one was to roll a dice in order to decide the actions a prisoner should take, they would not be considered free by any means. The fundamental flaw of Libertarianism, is that when we examine how it would work, it seems to collapse. As all choices are made according to our personality, a serial killer, is only so because he has a serial killers personality. This statement would suggest determinism and could only be argued against in two ways: Firstly, we could state that the serial killer has no personality, this however, seems nearly impossible to uphold. Without personality, we would have no preferences and without preferences we could not make any choice at all. Asking someone who has no preference of good over evil, or pleasure over pain, to make a moral decision would be rather like asking someone whether they prefer white to white. Without personality, we would not be able to make any choice at all, as no options would appeal to us over others. It could be argued, that decisions can still be made according to rationalism, but as rationalism and logic are consistent discipline this would make our actions even more predictable and un-chosen than determinism suggests. So this argument cannot be used to defend Libertarianism. Secondly, we could suggest that the Serial-Killer was in some way in control of his personality. That he chose his preference of evil over good. This again fails. As we have already stated, choices cannot be made without personality, so to choose a personality we would require a personality for us to choose, this initial personality would determine the personality we chose. We could attempt to argue that this initial personality was chosen, but very soon we would have to give way to infinite regression. With this in mind, Libertarianism and the suggestion that our choices are anything but pre-determined or random, is not only completely incompatible with the current model of physics and psychology, but more importantly is incompatible with choice itself (as choice requires preference, preference designates personality which in turn suggests determinism). Libertarianism is a self defeating system in that it requires an absence of will to prove free will, which would be rendered useless without will. There is also a logical argument against Libertarianism. J.J.C Smart points out that there are two possible states of things, i.e. determinism or indeterminism. Either determinism is true, or indeterminism is true, these exhaust all possible philosophical options. Determinism would prevent a Libertarian view as our choices are predetermined, indeterminism would seem to prevent Libertarian view also, as our choices are random and thus not controlled or free. From this argument, we can see that a Libertarian argument for free will is impossible. It seems undeniable therefore, that all our choices are pre-determined -or in the least part random, whether our choices are in fact pre-determined or random is largely down to physicists to discover, currently it seems to be that we are in fact pre-determined, but this cannot be assured without knowledge of all physics. Even if our choices are not predetermined, what they are not -as has been argued in the course of this essay- is freely chosen, at least according to the viewpoint of free will presented by libertarianism. But what would the effects of this be? Hard determinism would argue that we cannot claim to possess free will in a deterministic environment. The problem with this position seems to be that we have defined free will incorrectly. The view of free-will as indifference, has in the course of this essay been demonstrated as problematic, and if we adopt this view of free-will then hard determinism would seem an agreeable viewpoint, the problem is, that this seems an utterly meaningless way of discussing free will. Free will does not appear to refer to the ability of will to change itself, when we refer to a free lion, we do not mean it is free to change to a tiger or a bird, we simply mean it is free to act according to its nature. It would therefore seem to be more useful to discuss free will in the sense of a will being able to act itself out, we are free if we could have chosen otherwise HAD our will been different. This Compatibilist approach adopted by David Hume seems to allow us to discuss free will in a meaningful way, within what seems to be a predetermined environment.
Wednesday, January 22, 2020
Social Justice In Education :: essays papers
Social Justice In Education ââ¬Å"Social Justice in Educationâ⬠by R. W. Connell discusses the role of education in society and the implications that social justice issues have on education. Connell begins by establishing that education and social justice can be examined separately yet they are inescapably linked through the social medium of their implementation. ââ¬Å"Education concerns schools, colleges and universities, whose business is to pass knowledge on to the next generation. Social justice is about income, employment, pensions or physical assets like housing.â⬠(Connell, 1993) Three points validating the equal importance of social justice and the education system to people of all delineations are: 1.) in Western society public schools are key forums of social interaction and comprise some of the largest social institutions 2.) educational institutions are highly economic bodies and have become ââ¬Å"major public assetsâ⬠(Connell, 1993) 3.) teaching becomes a vehicle by which so ciety is ultimately determined and has a great influence over societyââ¬â¢s morality. Connell describes the meaning of justice in education as being ââ¬Å"a question of fairness in distributionâ⬠¦ equality.â⬠(Connell, 1993) ââ¬Å"Justice cannot be achieved by distributing the sameâ⬠¦ standard good toâ⬠¦ all social classes.â⬠(Connell, 1993) By stating this, Connell summarizes that in the attempt to achieve equality, unequal means must be employed. The implications for teaching presented by Connellââ¬â¢s article are immense. The concept of equality in education and the equality of access to education are matters that are determined by the social constructs of the society in which we live. The notion of equality in education means that educators must approach all material and subject matter with a premise of unbiased predetermination. Music, math, science, fine arts, English, Japanese, history, etcâ⬠¦ must all be considered on a par. Our current educational system does not treat all subjects as equal in our public education system. The stereotypical reading, writing and arithmetic (primary subjects) take precedence over the fine arts and like subjects (secondary subjects). Social justice criteria as presented in this article, establish that economic variables are a means of determination for favouritism within the educational institution. Where the primary subjects receive ensured funding, the secondary subjects rec eive funding when deemed viable. This creates inequality at the very base of the institution itself. The result is degradation to all facets of the educational system. ââ¬Å"The moral quality of education is inevitably affected by the moral character of educational institutions.
Tuesday, January 14, 2020
Laws of England and Wales Essay
ââ¬Å"The defendant who seeks to avoid criminal liability on the basis that s/he was suffering from a mental disorder at the time of the alleged crime must have a defence that falls within one of the following, legally recognised, categories: Insanity, Diminished Responsibility or Automatism. While, at one level or another, these ââ¬Å"mental disorder defencesâ⬠share common characteristics, they each differ significantly. Unfortunately, this point does not appear to be fully appreciated in English Law.â⬠Discuss the validity of this statement. Inherent in our legal system is an idea of culpability. The word itself embodies notions of moral responsibility and blame. There are two elements that will allow us to determine whether or not someone is to be considered culpable. The first is that the person on whom we wish to apportion blame is an actual agent of harm as opposed to a mere causer. That is to say that they are instrumental in an action and are not simply a victim of a spasm or similar associated condition. The second is that he/she has the capacity to understand the laws and moral order that exist within society. Hartââ¬â¢s principles of justice assert that ââ¬Ëa moral license to punish is needed by society and unless a man has the capacity and fair opportunity or chance to adjust his behaviour to the law, its penalties ought not be applied to him.â⬠Such deep-rooted notions of culpability have necessitated development in the area of defences to ensure that those who fall outside of the legally recognised parameters of accountability are afforded ââ¬Ëprotectionââ¬â¢. Amongst such defences are Insanity, Automatism and Diminished responsibility. This essay will identify the similarities and differences of these defences by exploring their theoretical foundations and determine whether, in practice, they are sufficiently understood by the courts to achieve their desired end. The theoretical basis for an insanity defence is embedded in the notions of fair opportunity as discussed above. It is felt that the insane man is ââ¬Ëtoo far removed from normality to make us angry with himââ¬â¢. The impetus of the law and its functions might well be considered outside of his comprehension and similarly, so too might the moral implications of his act. Therefore, it would not be either ââ¬Ëefficacious or equitableââ¬â¢ to hold such a man criminallyà responsible . As Duff remarks of the potential insane defendant ââ¬Å"if she cannot understand what is being done to her, or why it is being done, or how it is related as a punishment to her past offence, her punishment becomes a travesty?â⬠. Therefore, if a defence of insanity is successful the defendant will be given a ââ¬Ëspecial verdictââ¬â¢ namely ââ¬Ënot guilty by reason of insanityââ¬â¢. Although this special verdict may bring indefinite detention (a fact which is reconciled in theor y by ââ¬Ëcompelling considerations of public interestââ¬â¢ ) it still serves to reflect a lack of culpability and therefore, blame. The basis on which the non-insane automatism defence is founded is somewhat more fundamental than that of insanity. It was developed to exculpate those who had been the victim of events rather than those who had fallen foul to circumstance . A plea of automatism is ââ¬Ënot merely a denial of fault, or of responsibility. It is more a denial of authorshipââ¬â¢ in the sense that the automaton is in no way instrumental in any criminal act. Lord Dilhorne remarked in Alphacell that ââ¬Å"an inadvertent and unintended act without negligence? might be said, not causedââ¬â¢. Others have described such acts as ââ¬Ëacts of godââ¬â¢. It is with this class of act that the defence of automatism is concerned ââ¬â acts which might be said seen as ââ¬Ëinconsistent with the requirement of an actus reusââ¬â¢ . This lack-of-instrumentality concept is reflected by the fact that on a finding of automatism a defendant will be granted an unqualified acquittal by the courts. Detenti on is unnecessary for as well being blameless, the automaton presents no future threat to society. Whilst Insanity and Automatism serve as general defences in law, Diminished responsibility operates only as a defence to murder. It offers those ââ¬Ëbordering on insanityââ¬â¢ the opportunity to argue that at the time of the killing they were ââ¬Ësuffering from such abnormality of mindââ¬â¢ so as to ââ¬Ësubstantially impair their mental responsibilityââ¬â¢. If such an argument is successful (all other things being equal) the potential murderer will be convicted of manslaughter and hence will escape the mandatory life sentence that a finding of murder brings. The defenceââ¬â¢s existence is justified (much like insanity) by notions of responsibility and blame. The doctrine, it was felt, ââ¬Ëwas needed to reflect the view that where there was less responsibility there ought to be less punishment.â⬠Despite some clear differences in the three defencesââ¬â¢ theoretical foundations and intentions, it could be said that technically they have become somewhat confused in law. Discussion will now turn to the two automatism defences before then going on to examine diminished responsibility in context. Whilst both automatism defences are grounded in the idea that ââ¬Ëwhere there is no responsibility there should be no blame,ââ¬â¢ policy reasons have necessitated their independent development. Because of this, the person who seeks to raise automatism as a defence is subject to a very tight definitional distinction. This tight definitional distinction between automatism and insanity is highlighted by Glanville Williams when he describes non-insane automatism as ââ¬Ëany abnormal state of consciousnessâ⬠¦.while not amounting to insanity.ââ¬â¢ Such statements offer little definitional worth, as to understand automatism we must first understand insanity and this, as will become clear, is no easy task. The contemporary framework of the insanity defence can be found in Mââ¬â¢Naghtenââ¬â¢s Case where Lord Tindal authoritatively ruled that?: ââ¬Å"?to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.â⬠Subsequent development of a non-insane automatism defence, for reasons discussed above, necessitated judicious refinement of these insanity parameters to insure that those who sought to invoke the former were deserving . Therefore, considerable onus was placed upon the meaning of the rules, especially the phrase ââ¬Ëdisease of the mindââ¬â¢. First, it was decided that ââ¬Ëmindââ¬â¢ referred to the mental faculties of reason, memory and understanding and not simply the organic mass that is the brain. Then, in Sullivan, (the defendant was charged with assault which, heà claimed, was the result of the post-ictal stage of an epileptic seizure) the definition expanded to catch transient and intermittent impairment of the mind. It was held that the permanence of a disease ââ¬Ëcannot on any rational ground be relevant to the application by the courts of the Mââ¬â¢Naghten rulesââ¬â¢. This finding ran contrary to contemporary medical definitions and began to impinge upon the design of the non-insane automatism defence: that being to catch one-off, faultless incidents of automatism. Perhaps more significantly, Sullivan continued to develop Quick on what is now thought to be the defining boundary between the two defences, that of internal and external causes. This distinction was cemented in Burgess where Lord Lane explicitly referred to the difference between internal and external causes as the point on which the ââ¬Ëcase depends, as others have depended in the pastââ¬â¢ The defendant in Burgess was a sleepwalker who assaulted a friend whilst in a somnambulistic state. It was held that somnambulism was a disease of the mind under the Mââ¬â¢Naghten rules largely because it was considered a ââ¬Ëpathologicalââ¬â¢ (and therefore, internal) condition by expert witnesses in cross-examination. While, to some, this internal/external distinction ââ¬Ëmakes good sense,ââ¬â¢ to others its effect is wholly inappropriate, as it fudges the boundaries between the theoretical rationales of insane and non-insane automatism. Irene Mackay, for example (as well as pointing to contradictory obiter ) attacks the distinction with reference to its effect. She contends that sleep ââ¬Ëcan hardly be called an illness, disorder or abnormal condition. It is a perfectly normal condition.ââ¬â¢ Of interest here, Graham Virgo points to anecdotal evidence that cheese might cause sleepwalking. If such evidence could be substantiated, the somnambulist could potentially escape a special verdict by virtue of the fact that eating cheese would be considered an external cause. Such a consideration is far from easily reconcilable with the aforementioned notions of blame and responsibility as expounded by Hartââ¬â¢s principles of justice. Mackay continues to attack Burgess on a second defining point. She contends that the court failed to properly adopt the definition of ââ¬Ëdisease of theà mindââ¬â¢ as put forward by Lord Denning in Bratty ââ¬â namely that it is ââ¬Å"any mental disorder which has manifested itself in violence and is prone to recur.â⬠Considering statistical evidence showing that no one had ever appeared before a court twice charged with somnambulistic violence, Mackay remarks ââ¬Ësomething which is prone to recur must be at least ââ¬Ëinclined to recur or have a tendency to recur or be to some extent likely to recur.ââ¬â¢ Despite such protestations, current medical opinion is that sleepwalking is caused by internal factors and may be likely to recur . Therefore it is suitable for Mââ¬â¢Naghten insanity as defined. The result of these calculated distinctions between the two defences is that ââ¬Ëepileptics, sleepwalkers, those suffering from arteriosclerosis and diabetics during a hyperglycaemic episode, may all now be regarded as insane.ââ¬â¢ This is surely an unacceptable position. After all, such people appear to fit far more comfortably within the (theoretical) realms of automatism than insanity. They are rational people, capable of recognising rule following situations, who are (largely) the victims of one off incidents of involuntariness. If we are to label a diabetic insane because they neglected to take their medication, are we to do the same with one who gets a migraine from omitting to take aspirin? The difference of cause is the resultant harm and the need for the courts to protect society. Incidentally, close scrutiny of the Mââ¬â¢Naghten rules leads us to conclude that where a defendantââ¬â¢s inability to recognise he was doing something wrong was due to something other than a defect of reason caused by a disease of the mind he would generally have no defence at all. Things do not get any clearer when the defence of Diminished Responsibility is brought into the frame. The statutory provision for the defence is found in Section 2(1) of the Homicide Act 1957 and provides that a person shall not be convicted of murder: ââ¬Å"If he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mentalà responsibility for his acts or omissions in doing or being a party to the killing.â⬠The problems begin with semantics and normative questions of degree: what qualifies as ââ¬Ëabnormality of mind,ââ¬â¢ how much is ââ¬Ësubstantiallyââ¬â¢ and what is ââ¬Ëmental responsibilityââ¬â¢? Even debates on the questions have offered little assistance. For example, the Government, in an attempt to explain the key term, said that ââ¬Ëabnormality of mindââ¬â¢ referred to conditions ââ¬Ëbordering on insanityââ¬â¢ while excluding ââ¬Ëthe mere outburst of rage or jealousyââ¬â¢. Such an explanation is obviously of little worth considering that ââ¬Ëthe response of judges and psychiatrists?[to the section]? have ranged from the very generous to the very strictââ¬â¢. In fact the courts it seems, have entertained ââ¬Ëpractically any ground where it was thought morally inappropriate to convict the defendant of murderââ¬â¢. For example, psychopaths, reactive depressives , alcoholics and those in ââ¬Ëdisassociated statesââ¬â¢ or suffering from ââ¬Ëirresistible impulsesââ¬â¢ have all been brought within the protective scope of the section. Lord Parker in Byrne, also attempting to clarify the sectionââ¬â¢s ambit, said that it dealt with ââ¬Ëpartial insanity or being on the border line of insanityââ¬â¢. He went on to add that ââ¬ËInability to exercise will-power to control physical acts? is? sufficient to entitle the accused to the benefit of this section; difficulty in controlling his acts? may beââ¬â¢. Confusions are evident here for, as Smith and Hogan note: ââ¬ËA man whose impulse is irresistible bears no moral responsibility for his act, for he has no choice; a man whose impulse is much more difficult to resist than that of an ordinary man bears a diminished degree of moral responsibility for his actââ¬â¢ It would appear then, that the former should be acquitted as insane rather than have his punishment mitigated. However, if the inability to control his acts is not caused by a ââ¬Ëdefect of reasonââ¬â¢ or ââ¬Ëdisease of the mindââ¬â¢ then the defendant has no defence in insanity. In this respect therefore, the defence of diminished responsibility appears to be patching up the deficiencies of Mââ¬â¢Naghten; acting as ââ¬Ëa device for circumventing the embarrassments that flow from a mandatory sentence,ââ¬â¢ or the stigma attached to a finding of insanity, by allowing judges to ââ¬Å"follow in a common sense way their sense ofà fairness.â⬠Greiw, writing in 1988 comments on the section. He suggests that the section is not to be seen as a definitional aid rather it is ââ¬Ëto be seen as legitimising an expression of the decision-makerââ¬â¢s personal sense of the proper boundaries between murder and manslaughterââ¬â¢. The result of the lax and open wording has allowed the defence of diminished responsibility to be used almost as a catch-all excuse, spanning, and adding to, the defences of insane and non-insane automatism. It has been able to accommodate states of mind and circumstance that would be insufficient for either automatism or insanity whilst at the same time justifying this accommodation by virtue of the increased severity of a murder charge. To some this position is considered entirely unacceptable and contrary to the theories of blame and responsibility discussed hereto. Sparks for example, comments ââ¬Ëto say that we are less willing to blame?a man if he does something wrong, surely does not mean: we are willing to blame him less, if he does something wrong.ââ¬â¢ It would seem however, that due to the inadequacies of Mââ¬â¢Naghten and the acceptance that some states of mind falling short of insanity should be considered mitigatory, the courts had little choice but to develop the defence of diminished responsibility in this way. From the issues discussed in this essay it is clear that whilst, in theory, the three defences of Insanity, Automatism and Diminished Responsibility, do indeed exhibit differences, in practice they have become somewhat amalgamated. This is probably due to two factors: First, it must be accepted that ââ¬Ëthere is no sharp dividing line between sanity and insanity, but that the two extremes? shade into one another by imperceptible gradations.ââ¬â¢ This proposition leads us to conclude that first, the problem is one of definition. Second, the courts are aware that ââ¬Ëpleading a blackout is one of the first refuges of a guilty conscience and is a popular excuseââ¬â¢. Therefore, they have tended to view the problem of involuntariness ââ¬Ëwith great circumspection and have adopted a restrictive approach as to when there should be a complete exemption from liabilityââ¬â¢. In order to balance this definitional problem with the requirement ofà certainty, whilst ensuring that only the deserving are completely acquitted, the law has had no alternative but to define distinct parameters. It is these parameters which have both caused the fudging of the two automatism defences and necessitated the creation of a diminished responsibility defe nce. Whilst, in some respects, this amalgamation is unacceptable, its effect has been to provide blanket coverage for those defendants suffering from either a mental disorder, disassociated condition or episode of sudden involuntariness. Far from saying that the law has failed to ââ¬Ëfully appreciateââ¬â¢ the differences it appears that the courts, due to restrictions, have simply created ad hoc a range of defences whose purpose is to reflect, on a continuum, impeachable notions of culpability. Bibliography. Books 1. Ashworth, Principles of Criminal Law (2nd ed., Oxford, 1995) 2. Clarkson. C.M.V. & Keating. H.M. Criminal Law. Text and Materials. (4th ed., 1998, Sweet & Maxwell) 3. Hart. H.L.A., Punishment and Responsibility, (1968, Oxford) 4. Smith , J.C. B. Hogan., Criminal Law (6th Edition, 1988, London, Butterworths.) 5. Williams. G., Textbook of Criminal Law (2nd ed., Stevens & Sons. 1983) Articles Dell, Diminished Responsibility Reconsidered. [1982] Crim.L.R. 809 Duff. R.A., Trial and Punishments J.L.S.S. 1986, 31(11), 433 Goldstein. A., The insanity Defense (1967) Griew. E., The future of Diminished Responsibility. Crim. L.R. 1988, Feb, 75-87 Laurie. G.T., Automatism and Insanity in the Laws of England and Scotland. Jur. Rev. 1995, 3, 253-265 Mackay. I., The Sleepwalker is Not Insane. M.L.R. 1992, 55(5), 714-720 Padfield. N.,Exploring a quagmire: insanity and automatism. C.L.J. 1989, 48(3), 354-357 Royal Commission on Capital Punishment, Cmnd. 8932 (1949-1953) Smith. J.C., Case and Comment. R. v. Hennessy. (1989) 86(9) L.S.G. 41; (1989) 133 S.J. 263 (CA) Smith. K.J.M. & Wilson. W., Impaired Voluntariness and Criminal Responsibility: Reworking Hartââ¬â¢s Theory of Excuses ? The English Judicial Response. O.J.L.S. 1993, 13(1), 69-98 Sparks. Diminished Responsibility in theory and Practice (1964) 27 M.L.R 9 Virgo. G., Sanitising Insanity ? Sleepwalking and Statutory Reform C.L.J. 1991, 50(3), 386-388 Cases 1. Alphacell [1972] 2 All ER 475 2. Burgess [1991] 2 W.L.R. 106 C.O.A. (Criminal Division) 3. Byrne [1960] 3 All ER 1 4. Cooper v. McKenna [1960] Q.L.R 406 5. Hennessy (1989) 89 Cr.App.R 10, CA 6. Kemp [1956] 3 All ER 249; [1957] 1 Q.B.399 7. Mââ¬â¢Naghtenââ¬â¢s Case (1843) 10 C & F, 200, 8 Eng. Rep. 718. 8. Quick and Paddison [1973] Q.B. 910 9. Seers [1985] Crim.L.R, 315 10. Sullivan [1984] A.C. 156 (House of Lords) 11. Tandy [1988] Crim.L.R 308 12. Tolson (1889) Legislation 1. Homicide Act. 1957. 2. Trial of Lunatics Act 1883
Monday, January 6, 2020
The Spinning Mule Invention by Samuel Crompton
A spinning mule is a device that is an essential part of the textile industry. Invented in the 18th centuryà by Samual Crompton, the innovative machine spun textile fibers into yarn using an intermittent process that transformed the way yarn was manufactured, making the process much faster, easierââ¬âand more profitable. The History of Spinning Fiber into Yarn In early civilizations, yarn was spun using simple handheld tools: the distaff, which held the raw fiber material (such as wool, hemp, or cotton) and the spindle, onto which the twisted fibers were wound. The spinning wheel, a Middle-Eastern invention whose origins can be traced back as far as the 11th century, was the first step toward the mechanization of the textile spinning industry. The technology is thought to have traveled from Iran to India and was eventually introduced to Europe. The first illustration of the device dates from about 1270. The addition of a foot pedal has been credited to a workman from the town of Brunswick, located in the Saxony region of Germany in the year 1533. This allowed a spinner to power the wheel with one foot, leaving the hands free for spinning. Another 16th-century improvement was the flyer, which twisted the yarn as it was being spun, speeding up the process considerably. Europeans, however, were not the only ones to come up with innovations for spinning textiles. Water-powered spinning wheels were common in China as early as the 14th century. Samuel Crompton Puts a New Spin on Spinning Samuel Crompton was born in 1753 in Lancashire, England. After his father passed away, he helped support his family by spinning yarn. Soon enough, Crompton became all too familiar with the limitations of the industrial textile technology currently in use. He began to think of ways he could improve the process to make it faster and more efficient.à Crompton supported his research and development working as a violinist at the Bolton Theatre for pennies a show, plowing all of his wages into his realizing his invention. In 1779, Crompton was rewarded with an invention he called the spinning mule. The machine combined the moving carriage of the spinning jenny with the rollers of a water frame. The name mule was derived from the fact that like a muleââ¬âwhich is a cross between a horse and a donkeyââ¬âhis invention was also a hybrid. In the operation of a spinning mule, during the draw stroke, the roving (a long, narrow bunch of carded fibers) is pulled through and twisted; on the return, it is wrapped onto the spindle. Once perfected, the spinning mule gave the spinner great control over the weaving process, and many different types of yarn could be produced. In 1813, the mule was upgraded with the addition of a variable speed control invented by William Horrocks. The mule was a game changer for the textile industry: It could spin thread of much finer gauge, better quality, and at a higher volume than thread spun by handââ¬âand the better theà thread, the higher the profit in the marketplace. The fine threads spun on the mule sold for at least three times the price of coarser threads. In addition, the mule could hold multiple spindles, which greatly increased output. Patent Troubles Many 18th-century inventors encountered difficulty over their patents and Crompton was no exception. In the more than five years it took Compton to invent and perfect his spinning mule, he failed to obtain a patent.à Seizing on the opportunity, famed industrialist Richard Arkwrightà took out his own patent on the spinning mule, even though he hadnt had anything to do with its creation.à Crompton filed a complaint regarding his patent claim with the British Commons Committee in 1812. The committee concluded that the method of reward to an inventor, as generally accepted in the eighteenth century, was that the machine, etc., should be made public and that a subscription should be raised by those interested, as a reward to the inventor. Such a philosophy may have been practical in the days when inventions required littleà capitalà to develop, however, it was decidedly inadequate once the industrialà revolution got underway and investment capital became crucial to the development and production of any substantial technical improvement. Unfortunately for Crompton, British law lagged far behind the new paradigm of industrial progress.à Crompton was eventually able to prove the financial harm hed suffered by gathering evidence of all the factories that relied on his inventionââ¬âmore than four million spinning mules were in use at the timeââ¬âfor which hed received no compensation. Parliament agreed to a settlement of à £5,000 pounds. Crompton attempted to go into business with the funds he was finally awarded but his efforts were unsuccessful. He died in 1827.
Saturday, December 28, 2019
Start Up E Commerce Business Of Nutritional And Dietary...
OVERVIEW The company I want to start is a start-up e-commerce business that will offer an expansive line of nutritional and dietary supplements on the internet. This expansive inventory will provide customers with their dietary needs for weight loss, body building, toning and general health. The company will expand the inventory further to include fitness related items, such as apparel and specialized dietary supplements as well as accessories ranging from shaker bottles to gym bags. The company will provide a wide variety of vitamin, mineral, herbal supplements, sports nutrition, diet and energy products, and fitness products. These products are designed by our suppliers to achieve the goals of our target market who want to exceed theirâ⬠¦show more contentâ⬠¦In an industry that full of hype and misleading information, the business will simply be the voice of integrity, honesty and character. Our mission is simply this: Change lives through shared knowledge, support and products that support whatever phase our customers may be in, or seeking. Our services will exceed the expectations of our customers. My businessââ¬â¢s competitive edge will be their easy-to-use website, superior customer service, and aggressive marketing tactic s. The website design will be a competitive advantage because research indicates that an easy-to-use website significantly increases sales. The design of the website will encourage purchases because it is so easy and quick to make the purchase. Too often sales are lost because of complex websites that are far from intuitive. The goal of our customer service department will be to serve the customer any way required. Customers that call in with problem/issues will be amazed at the amount of personal attention they receive and how quickly issues are not only resolved, but significantly improved. This will be a powerful asset because a happy and satisfied customer is a returning customer. Our search engine optimization plans will be effective, affordable and designed to deliver valuable traffic to the website without the hassle and confusion. It s no secret that social media has become a fully integrated element of
Friday, December 20, 2019
Marketing Analysis E Marketing Essay - 1460 Words
Chapter one: Introduction 1.1 Overview Due to high competition in todayââ¬â¢s business, firms under pressure to explore new technology that can address competitive issues (El-Gohary, 2009, p.1). Increasing the numbers of internet users than ever have forced decision makers to change their ways to stay live in market. Recently, e-Marketing (EM) has been used by different companies to advertise their services and products (Mokhtar, 2015, p.1). e-Marketing means offering services and products using electronic tools and technologies. El-Gohery (2010, p.3) defined it as a new concept that is used to reach ideas, information and services to customer by using internet. Also, Chaffey (2007, p.1) focused on using the best communications methods to gain customer satisfaction. The main objective of e-Marketing is to attract customersââ¬â¢ attention, increase sales, cover a wide regions and safe cost, time and effort. E-Marketing tools have developed from traditional technologies such as TV, radio, etc. to depending on differen t methods like social media ( facebook and twitter), email, microblogs, viral and much more ( Sheth and sharma, 2005, p.3). The world is changing rapidly; resorting to e-Marketing has become mandatory for all types of business to be close to other competitors. To achieve effective sustainability, organizations should have a competitive advantage. Competitive advantage requires constantly making improvement to both internal and external factors to satisfy customer andShow MoreRelatedMarketing Analysis : E Commerce1344 Words à |à 6 PagesWith improved global relationships, business web is expanding its roots to every corners of the world. There has been lot of advancements in the corporate sector for the past decade. Retail marketing, e-commerce has grown enormously. 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In addition the challenges of collecting data through the Internet is also assessment, in addition to expected early feedback from blogs or profiles including those on social media. Finally a cost-benefit analysis is provided. Web 2.0 serves asRead MoreE Marketing vs Traditional Marketing in the Middle East1427 Words à |à 6 PagesIntroduction The potential of e-marketing as strong form of marketing has been discussed in many publications. Despite the worldwide and the Middle East1 overwhelming statistics regarding the phenomenal growth of e-marketing and all other forms on internet based media. There was never clear method, to clearly identify the future expectations of the internet marketing. E-marketing has grown rapidly in the past decade, many companies have This paper will discuss the growth of e-marketing in the Middle EastRead MoreLiko1169 Words à |à 5 Pagesmileage of a car would be considered as a(n): | | | A) | functional benefit. | | | B) | experiential benefit. | | | C) | social benefit. | | | D) | psychological benefit. | | | E) | internal benefit. | | | | | | Feedback: Difficulty: Hard LO: 01-01 Topic: The Role of Marketing Blooms: Apply AACSB: Reflective Thinking Page: 07 Value is the customers perception of all of the benefits of a product or service weighed against all the costs of acquiring and consuming itRead MoreImpact Of E Commerce On Global Economy1352 Words à |à 6 PagesIntroduction Impact of E-Commerce on Global Economy It is exciting area especially E-Commerce. The advancement in World Wide Web, computers and mobile wireless communication technologies are transforming the way business is conducted. The success stories of Amazon, eBay are few examples. New technologies have provided the required platform for innovation, growth, shopping convenience, and price advantage due to the boundary less competition. Business leaders across the industry are developingRead MoreA Study on the Strategic Growth Future Prospect of E -Marketing in India1466 Words à |à 6 PagesStrategic growth future prospect of E -Marketing in India Introduction As per research title ââ¬Ëe-Marketing ââ¬â The Strategic Growth Future Prospect in Indiaââ¬â¢ is concerned, it can be stated, that ââ¬Ëthis research work is an attempt of contemporary overview of changing face of Marketing in India. E-Marketing is the new face of these changing phenomenaRead MoreOnline Marketing Strategy1251 Words à |à 6 PagesDigital Marketing Strategy Jacob Orquin Department of Business Administration Aarhus University E-business models Chaffey Smith (2008) The e-marketing plan Chaffey (2009) Online strategy model Guava Media, Nyborg (2009) Which KPIââ¬â¢s? Who are the customers? Qualitative/explorative analyses segments, position, messages Quatitative analyses Cross- upsales, loyalty Qualify the customers/ market Touchpoint strategy Integration of digital strategy in corporate/ marketingRead MoreFashion Industry Imc Campaign Lisa Brown1114 Words à |à 5 PagesINTEGRATED MARKETING COMMUNICATIONS CAMPAIGN PROPOSAL à Integrated Marketing Communications Campaign Overview for Lisa Brown à 1 à | à P a g e à à à à à Overview As à a à small à boutique à designer à label, à Lisa à Brown à has à limited à resources à to à implement à a à detailed à marketing à plan. à However, à in à such à a à competitive à environment, à it à is à increasingly à important
Thursday, December 12, 2019
History of Childcare free essay sample
History of Childcare Institutions and Qualifications During this essay I will be outlining the history of childcare institutions and qualifications and how they have developed in relation to the needs of the country, family needs and society. I will be looking at the following occupations wet nurses, governesses, nannies and nursery nurses and how qualifications have developed within these roles. I shall them to the qualifications of the present day and how gender and social class have impacted on these professions. Also I shall consider how the curriculum content has changed to meet the demands of the ever changing role of the childcare worker and how it relates to my teaching practice currently and in the future. When focusing on childcare a fundamental starting point is considering the role of the wet nurse and why she was popular and in demand. Wet nursing can date back as far as Moses. When the princess found baby Moses floating down the Nile she asked Miriam to find a wet nurse. In Ancient Egypt poor women used to supplement their income by becoming wet nurses for the upper class citizens or mothers who could not produce enough milk. Contracts were drawn up between them to ââ¬Å"ensure the wet nurse provided good milk; preventing the wet nurse from nursing other children, having sex, or becoming pregnantâ⬠(history-wet-nursing, 2011). In many cultures wet nurses were an ancient tradition, for example within the Chinese culture, before the Second World War, wet nursing was common practice. The Communists tried to outlaw the practice but in the 21st century it has become a status symbol and due to the melamine milk scandal this ancient profession has seen a revival. Wet nurses in China today must leave their own children, maintain a special diet, and undergo training in certain cases. Furthermore, if the babies that they nurse do not grow 20 grams each day, the wet nurses are fined by their employers. â⬠(history-wet-nursing, 2011) During the Victorian era it was common place for the upper classes to employ a wet nurse as once more this was seen as a status symbol. Other reasons were that women of this era were usually married to authoritarian husbands who believed that breast feeding interfered with sex and the women themselves assumed that it would disfigure their breasts. Furthermore, during this time infant mortality was high and upper class families were encouraged to have large families to ensure the survival of an heir. Breast feeding provided a form of contraception and prevented ovulation thus, spacing out pregnancies. It wasnââ¬â¢t uncommon for babies to be sent to a wet nurseââ¬â¢s home for 18 to 24 months in order for the mother to become pregnant again. Often a wet nurse could be feeding many children including their own (sometimes to their detriment) and was either paid as well as a labourer or received nothing at all. Morisot, The Wet Nurse (1880) According to Valerie Fildes there were three types of wet nurses ââ¬Å"the parish nurse who took in parish infants and was usually receiving poor relief herself; the nurses of the London Foundling Hospital who worked under the supervision of inspectors; the privately employed nurse, for whom wet-nursing was a significant and continuing occupation for which she received a good wage both in money and in kind: often she was cared for by her nurse-children in later life and received the occasional bequest from them. â⬠(Fildes, 1988, p. 43) The qualities required for a wet nurse by the Victorians were worked out in enormous detail. She should have an attractive face, clear eyes, well made nose, red mouth, white teeth and a deep chest. The shape of her breasts was very important and their size shape and colour were all taken into account. She should also have a good personality, speak well, not be pregnant or desire the company of her husband. The reasons for these specific qualities were that it was thought that they would be transferred through the breast milk to the child (Fildes, 1988). By the middle of the 19th century wet nurses had virtually disappeared although isolated examples still existed (Churchill had a wet nurse). Surprisingly, wet nursing is making a reappearance in society today, there are wet nursing agencies where mothers can employ a wet nurse. Within society today, a woman may choose this option due to health reasons for example extreme illness or disease such as AIDS, an inability to produce breast milk or multiple births. What is more, this privilege is still confined to the upper and middle classes of society who have the means to pay. However, during the Victorian era this may have been seen as common practice but during this century it is quite often seen as a taboo subject,as pregnant mothers are given information about the benefits of breastfeeding from health professionals who actively encourage new mothers to conform with this practice. Alongside this there is the pressure from government initiative and more detailed research, that are changing the ideology of society thinking dismissing the Victorian idea of wet nursing as a status symbol. When comparing the person specification of the wet nurse in the 19th century to todayââ¬â¢s wet nurses, it appears that there are some similarities such as being in good health, not smoking or consuming alcohol. Today, they are also vetted and tested for transferable diseases due to the fact more is understood about these by society and health professionals. Furthermore, wet nurses need to have a baby of a similar age in order for the milk to be of the right constitution and they would usually live or work in the employerââ¬â¢s home whereas previously they would have been taken to the wet nurses home. Following on from the wet nurse there is the emergence of nannies. The history of nannies can be traced back as far as the seventeenth century. The English nanny was an institution and was most popular during the 18th century. She is often portrayed in books and films as a kind, gentle woman who children adored; in fiction such as Jayne Eyre, Mary Poppins and more recently Nanny McFee. Before training developed nannies were often what were known as ââ¬Å"gentlewomenâ⬠who had fallen on hard time and had to support themselves. They saw being a nanny as a solution to their predicament. Not all nannies were kind, some were extremely cruel. The nanny usually had a great deal of power and responsibility within the home; she had her own quarters to look after the children usually at the top of the house. The upper classes, employed nannies in order for them to continue their leisurely life style. Children at the time were also viewed as they should be ââ¬Å"seen and not heardâ⬠and parents left it to the nanny to have total care and responsibility for their upbringing. Parents only spent a short time in the day with them accompanied by the nanny. The nanny would usually have a nursery maid to assist her who would do the menial tasks such as preparing meals and laundry. On the whole, nannies learned from other nannies and progression was usually nursery ââ¬â maid, nursemaid or under nurse, sometimes a period of working as a second nanny, and then finally a nanny in her own right. In 1892 the first training college was set up by Emily Ward. She ran a school for young children in Norland Place and recognised the need for training. She was one of the earliest advocates of the Froebel system of teaching which was based on the approach ââ¬Å"that all children are born good, and that to help them develop, adults need to provide the right environment and activities. These protect the child from learning bad habits of ââ¬Å"evil tendenciesâ⬠(Tassoni, 2006, p19). Emily Ward found that many of the students who went to her for training were not academic and found the Froebel examination too difficult despite her students being very practical and having a great love of children. Emily Ward recognised that if the students could be trained, not only would it benefit the children but would provide a new profession for girls of the educated classes. Students were charged a fee of thirty six pounds which covered six months training. The students were also expected to wear a uniform which Emily Ward thought would identify them as professionals and not have them mistaken for housemaids. This leads me to believe that originally the role the nanny was seen for women to earn a respectable living when they found themselves to be in a financial predicament rather than needing a formal qualification. However, during the latter stage of the 19th century the introduction of a formal qualification and fee for training transformed nanning into a profession, but still only allowed educated middle class, girls the opportunity. The students training was broken down into the following:- ââ¬Å"Three fortnights for cooking, laundry, and domestic work, and six weeks spent in the Norland Place School, looking on at lessons, and giving help to the teachers. â⬠(Gibbs, 1960, pg 178) Lectures given in the morning and the afternoons were spent exercising (walks in the fresh air), the evenings were for learning needlework. The second three months were spent in hospital training and the students were then given one monthââ¬â¢s holiday before taking a post in a private family as a childrenââ¬â¢s nurse. If the employer was happy with the student she would continue for another three months and only then would the Norland Certificate be awarded. By todayââ¬â¢s standards training was centred around domestic science rather than understanding the child and how they develop, which would confer with the ideology of womanââ¬â¢s role within society at that time as the traditional housewife. However, at a glance nannyââ¬â¢s of today are still required to fulfil domestic duties such as cooking and laundry but this is not curricular based but, has more emphasis on the development of the child. By 1904 the training changed slightly as it was realized that students needed to gain practical experience to do their job and a small nursery was set up overseen by experienced childrenââ¬â¢s nurses with the students acting as under-nurses. This practice was highly regarded by employers when the students obtained posts, and is seen favourably and useful by employers today. By 1924 fees had risen to eighty pounds and the college expanded. During the Second World War the college and nursery evacuated to Devon, but many of the students gave up their training and joined the womenââ¬â¢s services. After the war the college relocated to Chislehurst and students began training again. The course itself was extended from six months to twenty one months and included ââ¬Å"domestic science, educations training, residential nursery training and a hospital nurse course. Students were also taught story-telling and games for the under-fives. (Gibbs, 1960, pg 180) Great emphasis was placed within the training on the needs of the small child, students gained experience of this from working in the nursery attached to the college and nursery schools and infant welfare centres outside of the college. An examination was also introduced at the end of the twenty one monthââ¬â¢s the National Nursery Examination Board qualification or NNEB. However, the Norland Certific ate was only awarded to students who had completed one yearââ¬â¢s satisfactory work in post which had been agreed by the Principal. Only two years were allowed from the end of training to obtain the full certificate. The college also encouraged students to stay in touch with them for at least three years after completing their certificate. They did this to ensure they could follow the career of each student and ensure that the standard of the college could be maintained. Norland nannies were well respected and there was a constant demand in private posts, nurseries and for posts as school matrons. Norland College was the first training college to open in 1892 and later other colleges began to appear. The Princess Christian Training College for Nursery Nurses opened in Manchester in 1901 under the direct patronage of the Princess Christian (third daughter of Queen Victoria). She suggested that instead of hospital training, a course of home nursing should be introduced. She also felt very strongly that a nurse should be forbidden to punish children herself. The need for training colleges was recognised by the Gentlewomenââ¬â¢s Employment Association (1891), Princess Christian was one of its patrons. Like the Norland College it provided employment for gentlewomen who needed to earn a living at a time when it was not generally acceptable. The Princess Christian Collegeââ¬â¢s training duration was nine months unlike Norlandââ¬â¢s six months and was hard and rigorous. Students had to be on duty at six and complete washing and cleaning before breakfast at seven. They had evening lectures and sewing after supper, no holidays and half a day off each week. The college also had testimonial books which recorded each nurseââ¬â¢s career, including a principalââ¬â¢s report and at the end of her training and a reference from her last employer. There is a stark contrast to the training that was provided in 1904 to the qualification we see today. Although there is still a strong emphasis on work based training the standard of the qualification is not as robust as in the 19th and early 20th century and this could be because students are being accepted onto courses with a required level of education and the demands of the role have changed. During the First World War The Princess Christian College ran into financial difficulties and in May 1918 closed. The college reopened again in 1919 in new premises but closed again at outbreak of the Second World War in order for children to be evacuated. After the war the college reopened and reorganised its syllabus and training to cover the changes in social conditions. Training was extended to eighteen months and covered the NNEB requirements (Gibbs, 1960). At the time Mary Ann Gibbs wrote her book ââ¬Å"The Years of the Nanniesâ⬠(1960) the fees for the eighteen month course at Princess Christian College was ? 270 for a resident student and ? 140 for a non-resident student. Bursaries and local authority grants were available for less well off students. The syllabus in 1960 included:- daily nursery work with babies and small children, instruction in the planning and preparation of infant diets, training in the milk kitchen, general cookery and nutrition, laundry and housewifery, needlework with design and care of childrenââ¬â¢s clothes, hygiene and physiology and the model nursery. â⬠(Gibbs, 1960, Pg 190) The college awarded three certificates to students the first being a Probationers Certificate on completion of satisfactory training and a Nurseââ¬â¢s Certificate for two years satisfactory work, dating from the ranting of the Probationers Certificate. Finally, the student would be awarded The Special Certificate with Badge for three yearââ¬â¢s satisfactory work, dating from the granting of the Nurseââ¬â¢s Certificate. After a student had completed her training she had quite a wide range of employment opportunities such as working as a nanny, working in day and residential nurseries, working with disabled children, school matron, nursery nurses on maternity wards and in passenger liner nurseries. A Night Nurse at The Princess Christian Training College Students who completed their training at the training colleges usually found employment through the college or through advertisements in womenââ¬â¢s journals, or professional journals. One of those journals was ââ¬Å"Nursery Worldâ⬠which was first launched in 1925 and is still used by our students today. The other was ââ¬Å"The Ladyâ⬠first published in 1885 which advertised many employment opportunities for nannies. Nannies are still very much in demand today, their role has changed in that they work closely with parents respecting their views and wishes and are more usually employed by working parents. They are required to be trained to Level 3 and most will have had experience with babies. In contrast, nannies back in the eighteenth century would always live with the family, whereas nannies now can live out. They also have the opportunity to work for families abroad and can command high salaries and additional benefits such as holidays and use of a car. [pic] Advertisementsââ¬â¢ from Careers and Vocational Training 10th Edition The role of the nanny was important but you cannot overlook the role of the governess in the eighteenth and nineteenth century. She is portrayed in fiction as a lonely, somewhat stern figure yet many women entered this profession. She would have been a well educated middle-class woman who like the nanny had to provide a living for herself. In Victorian times women were seen as the responsibility of men her husband, father or brother. When they were unable to provide financially for her, working as a governess was seen as socially acceptable. There was a high demand for governesses in he Victorian era (despite the expansion of public school education for boys and public school for the masses) especially if they were competent in teaching mathââ¬â¢s and science. ââ¬Å"The census of 1851 showed that there were 24,770 governesses in England and Wales. â⬠(Hudson, 1970, p45) The greatest qualification of the governess was having a good background fitting in with the correct social class. She was required to write a letter of application in order for the family to consider her suitability. Many families l isted subjects they required their governess to teach. ââ¬Å"Wanted, a Governess, on Handsome Terms. Governess ââ¬â a comfortable home, but without salary, is offered to any lady wishing for a situation as governess in a gentlemanââ¬â¢s family, residing in the country, to instruct two little girls in music, drawing, and English; a thorough knowledge of the French language is required. â⬠( Advertisement, The Times. (London: 27 June, 1845). The upper class families still continued to educate their children at home and it was down to the family to decide when their children would enter the school room. In order to ensure their employability they sought to improve their education and this lead them gaining a footing in higher education. During the nineteenth century, professional books and journals were printed for governesses to use. These were read among other teachers and concerned parents to share educational practices and lessons, and keep The Governess them informed of the changing educational reform in the Victorian era. In 1843 The Governessesââ¬â¢ Benevolent Institution was formed and it helped educate governesses and provided aid for retired or out of work governesses in and around London. It also provided a registry for governesses and families seeking a governess to place their information. This was similar to an employment agency today. Along with this and pressure from the governesses the institute expanded and included a college for governesses to study and improve their education. A donation from the Prince and Princess of Wales enabled funding for free night classes. The Queens College was founded in 1848 and its goal was to provide qualifications for governesses, it provided ââ¬Å"Lectures for Ladiesâ⬠from which at the end of study they received a Diploma. Almost all the lectures were given by men from Kings College, and older women known as ââ¬Å"Lady Visitorsâ⬠attended to act as chaperones to the female students. It is clear that despite considerable changes from the era of the wet nurse there is still a vast divide between what is considered beyond the realms of the woman as it is the man that is considered able to lecture in the core subjects whilst the woman is only expected to understand and deliver to her charges. The Queens college was seen as an institution offering higher education for women. In the last decade of the nineteenth century the Queens College and The House of Education developed a curriculum specifically for the training of governesses and this saw a drastic change in the profession of the governess. Families now wanted to employ governesses with certificates and training in education rather than, be qualified solely by their family background. We must take into account that at this time education for girls was seen as less important and it was not until the 1900 that attitudes changed when girls started to enter public high school and boarding schools and this resulted in the decline of the governess. Governesses are still employed today but their role has changed. Today they need to hold a degree and at least two years experience as an educator. They may live with the family or live out. They usually have sole charge of the childrenââ¬â¢s education although in some cases they may just supplement the childââ¬â¢s education. This could be coaching a child to obtain their eleven plus, or providing additional help for specific subjects, or in all subjects, with the goal of preparing students to apply to and be accepted into good colleges. They may also be employed if a family moves to another country so that children can learn the language or maintain the education that correlates to their native country. The profession is still largely female orientated despite the pay and conditions being good. This could be due to several factors such as living in the employerââ¬â¢s home and societies view of a male in a governess role. The Second World War saw an increase in day nurseries as men went away and women were called upon to take over the work left to do at home. The Ministry of Health organised and supervised this provision. In view of this more nursery nurses needed to be trained and in January 1944 The National Nursery Examination Board was formed and they established an examination for all nursery nurses. The first examination was taken in 1946. The syllabus and training has changed considerably over the years, notably in 1965, the age range was extended to seven years of age, before this students trained to work with children up to five years. This decision was prompted by the increase use of classroom assistance in primary schools and the Plowden Reportââ¬â¢s (1967) recommendation that nursery nurses should be used for this position. ââ¬Å"In 1975 the Bullock Report, A Language for Life made the same recommendation that nursery nurses should be used as trained assistants and work alongside teachers in helping language development in young children. (Herrman, 1979, p. 21). After the Second World War provision that was put in place for childcare was not expanded further. This was partly due to men needing jobs that women had done in the war, and societyââ¬â¢s view that women should be in the home looking after their children. The 1950ââ¬â¢s saw the beginning of Playgroups, these were parent co-operatives formed in private homes or community halls. They started in order to fill the gap in nursery provision for three and four year olds. ââ¬Å"In 1961 Belle Tutaev wrote to the Guardian offering help to anybody who wanted to start up a playgroup. She received letters from all over the country and playgroups burgeoned and grew. â⬠(Dean, 2005, Pg 13) The Pre-School Playgroup Association (PPA) was set up in 1962, ââ¬Å"the aims of the organisation at first were two-fold: mutual support for those running groups and also the lobbying of government to emphasise the importance of pre-school provision and to seek the withdrawal of Circular 8/60 which prevented state nursery expansion. â⬠(PLA Factsheet) Playgroups relied heavily on voluntary staff and on mothers to provide play activities for the children. Many of these volunteers were untrained due to lack of funding. This restricted their work opportunities and workers were given little recognition. An additional reason for unqualified staff was that until the Childrenââ¬â¢s Act 1989 playgroups had little statutory guidance or regulation. Those playgroups that were affiliated with the PPA did have access to training (short courses in play work) if they were able to fund it. The PPA in 1991 established themselves as training providers under the National Council for Vocational Qualifications. Other childcare provision between 1946 and 1990 such as private nurseries and local authority nurseries continued to employ NNEB qualified staff or equivalent. In 1990 there were various childcare qualifications that students were able to study. The main qualifications for nursery nursing were the NNEB, BTEC National Diploma and the Certificate in Post-Qualifying Studies (CPQS). The NNEB being the longest established and well known was still a requirement for some posts but it did not give a valid entry into higher education. However, the BTEC National Diploma was thought to be more academic and allowed students to progress onto more advanced education and training being the equivalent of ââ¬Å"Aâ⬠Levels. When you look back at the history of the NNEB it was not set out to be a qualification that would allow progress to higher education although comparing it to todayââ¬â¢s CACHE Level 3 Diploma it was a lot more rigorous. The selections of qualifications were many and in 1991 a system of National Accreditation was introduced to link qualifications. NVQââ¬â¢s were introduced in 1991 in attempt to give experienced staff without a qualification a chance to achieve a Level 2 and 3. The NVQ syllabus involved students showing competence in the workplace through assessment whilst building a portfolio of knowledge evidence. This qualification in theory did fill a training gap but funding still remained an issue along with adults having to study around family commitments and also if they had the academic confidence to study. Due to the Start Right Report of 1991 by Bell in which he identified numerous routes into teaching, this was an attempt to provide a standardized route into comprehensive training and also of helping workers to progress through the qualification system. Up until 1999 qualifications remained unchanged in what were available and it left employers and students confused as to what qualification was at what level. In 1999 a new training framework was introduced (QCF) and this mapped out the levels of each qualification. This gave clear guidance for students, employers and training establishments to assess their current qualifications. In 2002 the new NVQ Level 4 was introduced *they were to provide a route for those working in senior management level or advanced practitionersâ⬠(Pugh,2001, P. 190) they were academically and practically demanding qualifications and carried 120 CATs points. This was a way of gaining entry to the Early Years Foundation Degree. In 1994 CACHE was established and merged with The National Nursery Education Board and The Council for Early Years Awards. In 2001 the National Association for Maternal and Child Welfare (NAMCW) merged with CACHE, and Her Majesty the Queen became the patron. CACHE at this point became the awarding body and offered various Childcare qualifications from Entry Level to NVQ 4. Since joining Canterbury College in February 2006 the qualifications have changed twice, with a third change is about to take place. The delivery of the courses has not changed in that students still attend placements and have to show competence. The only difference to the NNEB is that the students donââ¬â¢t work with children attached to the college. We have placement visitors that visit the student in their placement who assess their competence and report back to their course tutor. Level 3 students up until 2007 still had to sit an end of course exam in order to qualify as well as passing unit assignments. The qualification carried UCAS points to allow entry to university depending on the overall grade achieved. It was quite clear at the time that the grades students achieved were quite low and very few went onto university. I believe this to be for the following reasons (a) students were not properly assessed at interview and were on the wrong level of course, (b) there was a high level of turnover of staff which affected the teaching of the students and causing disaffection. There was also a big drop out rate. I remember well, my first day in the classroom, being bombarded with complaints. In 2007 CACHE reviewed the content of the syllabus as the previous syllabus was quite dated and childcare practice had changed considerably. The new syllabus carries the same format of placement and academic work and still continued to carry UCAS points. The grading of the assignments changed into a point system instead of the previous system of pass or refer. The students also have to complete a research task and a short seen scenario exam. This I feel has led to students achieving higher grades and more have gone onto university. The department has been running this Level 3 Diploma for the past three years but last year we were advised that the qualification would hange along with NVQââ¬â¢s being discontinue. This has had a big impact on the department as a whole. The introduction of the Level 3 Diploma for the Children and Young Peoples Workforce will be the only qualification available for students to study to become childcare workers. The delivery of the course is very much based on the NVQ delivery of observed assessment and a knowledge portfolio. We have started to run a pilot group for this new qualification an d it has involved various changes in the department and in the teaching. Students now have to be allocated an assessor who has an A1 qualification and students only attend three days a week every other week. Already, this has posed problems in that the course is designed to be taught holistically and not unit led as the previous qualifications. It is designed so that the assessor and tutor work closely together. This does not work in our department as assessors are constantly out observing students leaving little time for feedback to the tutor. This makes it very difficult to support students and ensure that they are progressing. However, we have recently been informed that due to the qualification not meeting the needs of the employers and students the previous qualification will continue running for at least another year while they review the course. In conclusion, childcare and qualification has developed in line with the needs of the family and society starting with the wet nurse through to nannies and governess. It has also developed in line with government policy and the social and economic needs of the country along with current thinking of child development at the time. Childcare roles have not disappeared but still exist in a modernised way as can be seen in the reappearance of the wet nurse. The status of childcare however still remains low and this is reflected in pay and conditions. Many nurseries still donââ¬â¢t pay above minimum wage or provide sick pay, and often only the minimum holiday requirement. Until this is addressed the status and moral of childcare workers will not rise. There is still a culture of thinking that ââ¬Å"anyone can look after childrenâ⬠and it is still a predominantly female role despite campaigns to attract male candidates. The calibre of students that is seen during interviews are on the whole, students from lower class backgrounds which could have contributed to the introduction of EMA. The fact that students donââ¬â¢t have to pay fees for childcare courses and its workplace element, adds to the perception that they are easy courses. The college funding system makes it very difficult to decline students who we feel not appropriate to the course, and the system makes it difficult to withdraw students who prove to be unsuitable. This does not lead to providing the best possible care for young children. Significantly and in contrast to this is that to train as a Norland Nanny today requires a student to pay full fees and this only attracts the more affluent students who want to train in the profession. Also, to employ a Norland Nanny, is seen as a status symbol by families, thus highlighting social status despite itââ¬â¢s qualification being the same as achieved at college. The only difference being that the Norland Certificate is achieved at the end of the course on top of the qualification and seen as a ââ¬Å"stamp of excellenceâ⬠The old range of qualifications enabled students to access the qualification that best suited their learning and training needs such as on the job training or a full time college course. The new qualification does not take these needs into account. The new qualification does not fit with young students who have no experience. This is one of the issues that has been highlighted along with the course only being a year in duration. It is quite worrying that a sixteen year old could become a fully qualified level 3 in a supervisory position with only one year of training. There are also wider issues in that the government has reduced funding, (currently there is no funding for over nineteenââ¬â¢s) along with the demise of EMA, making access to college less accessible for less well off students which causes a social divide. The next year will provide interesting times in childcare qualifications and a review in our own department in the teaching and delivery will provide its own challenges in that e-learning is being introduced along with apprentiships. This will mean training in the use to technology as well as new assessment methods. Staff will have to adapt their delivery of lessons as well as developing a closer working partnership with assessors, which at the current time is fragmented. There will need to be changes in the current systems in place and this will no doubt cause frustration to some staff who find adapting to change difficult. On a more positive note the updating of skills for staff will only improve the range of teaching techniques available to them, hopefully providing better outcomes for students.
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