Summer Assignment Essay Example for Free

Summer Assignment Essay IB AP European History Summer Assignment Prerequisite for the AP European History class After doing research on Medieval Europe, address the following questions in essay format. Your research can come through books, the internet and Gateway’s databases (Gale) that you would find under Electronic Resources on our webpage. Cite where you’re getting your information from. The response for each set of questions should be 300 words in length and should be hand written. Essays will be turned in on the first day of school. Late papers will not be accepted. Your grade will be based upon completion of the assignment, thorough answer to each question asked and your ability to follow directions. Your responses must be hand written in blue or black ink. 1. What were the causes and effects of the Black Death for Europe? Include in your discussion how the Black Death spread. 2. What were the causes and effects of the Hundred Years War for England and France? Include Joan of Arc in your discussion. 3. What were the causes and effects of the Great Schism on the Catholic Church and Europe? Include conciliarism in your discussion. 4. What were Dante’s, Petrarch’s, Boccaccio’s and Chaucer’s contributions to Medieval Europe’s literature? Include in your discussion their works and the effects on society. 5. How did the Holy Roman Empire contrast with the English and French monarchies in Medieval Europe? Include in your discussion Edward III, Charles V and the Great Council. 6. How was Italy fragmented in the 14th Century? Include in your discussion the republics, kingdom, duchy and Papal States that constituted Italy in the 1300s.

Explanation Of The Internal Point Of View

Explanation Of The Internal Point Of View Jurisprudential debate concerning the nature of law is often thought of as a long-running battle between two schools of thought the rival camps of natural law and legal positivism. The natural law tradition has always emphasised laws grounded ness in justice and the common good, while legal positivism had tended to emphasise laws basis in authority. Legal positivism emerged from the work of Jeremy Bentham and his disciple John Austin. The latter famously claimed that the idea of sanctions is the key to the science of jurisprudence.  [1]  Therefore he held that legal rules are to be threats backed by sanctions and statements of legal obligations, so as the threatened sanctions to be carried out. Another great legal positivist, Hans Kelsen, tried to explain legal rules and obligations in terms of norm, to be directives to courts requiring them to apply sanctions. In addition Alf Ross separating the difference between Austin and Kelsen, understood of legal rules as norms addressed to courts guiding the use of sanctions and statements of legal validity as predictions that these norms will be followed. However, one of the two greatest twentieth-century (the other one is Hans Kelsen) exponents of the legal positivism was, without question, Hart. In his principal book The Concept of Law  [2]  , Hart describes the central thesis of legal positivism as the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.  [3]  Therefore the central claim of legal positivism is that law is separate and distinct from morality. Also, Hart showed that sanction-centred accounts ignored an essential feature of law. This feature was termed the internal point of view. Harts internal point of view claims that the law is seen not just sanction-threatening, directing, or predicting, but imposing obligations. Therefore, what, precisely, is the internal point of view? And hence, what role does it play in Harts theory? In short, the internal point of view is the practical attitude of rule acceptance. It does not suggest that people accept their moral legitimacy, but only that they are willing to guide, and evaluate their conduct according to the rules. As for its importance to Hart theory, it plays four roles: (1) it specifies a particular type of motivation that someone may take towards to the law; (2) it constitutes one of the main existence conditions for social and legal rules; (3) it accounts for the intelligibility of legal practice and discourse; (4) it provides a naturalistically acceptable semantics for legal statements.  [4]  This concept perhaps is Harts greatest contribution to jurisprudential theory but it is often easily misunderstood. To begin with, Hart dictates that the element of authority involved in law has always been one of the obstacles in the path of an easy explanation of what law is.  [5]  He argues that the command theorists  [6]  explain force as the main component of law and have looked only on one side of the coin the external element of law. It compels people to act only out of fear. This may be the bad mans view of the law and Hart argues that it does not present a balanced picture. A positivist theory of law must offer an account of the nature of law-making authority. At the same time, positivists claim that the validity of a law does not entail an obligation to obey it. This means that the theory is quite independent of any theory about the basis of a moral obligation to obey the law. Bentham and Austin approached these problems by treating statements about sovereignty, rights and obligations as straight forward statements of observable social facts. Therefore in focusing only on the com mands and actions of a sovereign in imposing sanctions, the command theorists have ignored the internal aspect which characterises all law. This is element is the internal point of view which make people feel a sense of obligation to obey the law. In fact, as Hart explains there is a distinction between the two aspects of law, to be obliged thus to act in a certain way because of some threat or by force, such as when an armed man orders a person to hand over money, and to be under an obligation thus to feel in yourself a sense of duty to act in a certain way without some external factors such as threat or sanctions. Therefore, for Hart the command theories try to explain the law only in terms of the first notion, therefor they are inadequate, because the law has both an external and an internal fashion to induce compliance. According to Stephen Perry, for example, the general idea of the internal point of view is that an adequate jurisprudential account must at some point take into consideration how the practice looks to at least some of the practices participants, from the inside.  [7]  Similarly, Gerry Postema writes: The law, like other similar social practices, is constituted not only by intricate patterns of behavioural interactions, but also by the beliefs, activities, judgments and understandings of participants. The practice has an inside, the internal point of view of participants.  [8]   In regard to the above, Harts doctrine demands that legal theories to become across with the shared experiences of legal natives. Jurisprudence must take the insiders point of view, and have a conflict with those theories that ignore the attitudes and beliefs of the people that are under the law. Therefore the internal point of view came to question sanction-centred theories of law, such as those suggested by Hans Kelsen and Oliver Holmes. Hart claimed that these theories are lacking insight because they ignore or conceal the range of attitudes that people have in the direction of the law. The problem in Kelsens theory, is that the law directs officials to punish those who dont comply with the rules instead of providing guidance for those who want to live according and under their obligations. Also the difficulties with bad man theories such as Holmes is that they assume that people are driven to follow the law merely in order to avoid sanctions, rather than because that rules requir e so. In addition, Holmes who is an insider himself, his curiosity about the law is explained only by his aversion to sanctions. He benefits one type of insiders point of view over another. So as Hart says, theorists by focusing only on the perspective of the bad man, sanction-centred theories define, only the other point of view, particularly, the internal point of view out of existence. Thus for Hart the the internal point of view is actually the practical attitude of rule-acceptance. It happens when people accept or endorse a convergent pattern of behaviour as a standard of conduct towards a social rule. Therefore when the phrase the internal point of view has one meaning, it refers to a specific practical attitude. Moreover practical point of view has two attitudes that an insider can follow towards the rules: acceptance and non-acceptance. According to Hart, if someone accepts the rules have taken the internal point of view. In reverse, if someone does not accept the rules, either because they accept the bad man point of view, or because they are just observing, they dont take a practical attitude at all, it is just the external point of view. However, what does he mean to accept a social rule? Hart claims that to accept a social rule is to regard a pattern of behaviour as a general standard to be followed by the group as a whole.  [9]  It is to treat existence of the rule as a reason and justification for action, as the basis for claims, admissions, demands, punishment or criticisms, as establishing the legitimacy of these demands and criticisms.  [10]  Hart clears out that the moral legitimacy of the law does not needed in order to accept its authority. Hence the standard of conduct meant by Hart is certainly not the moral legitimacy of law. Therefore as he said is that when one takes the internal point of view towards a rule, acts according to the commands of the rule.  [11]  But since this can be comfort by the bad mans theories Hart added, The second way in which the internal point of view is expressed is through critical evaluation.  [12]  So as people who accept the rules criticize others even themse lves for not conforming to the rules. In the end, the internal point of view is often expressed by words such as must, ought, wrong, and right. As Scott J. Shapiro in his Journal said if someone accepts the rule that men must bear their heads upon entering a church, this practical attitude might be expressed by statements of the form: You ought to take off your hat in Church or It was wrong of me not to take off my hat last Sunday.  [13]  These statements are internal statements as described by Hart.  [14]  Therefore, Hart compares these practical statements with theoretical statements that others accept a particular rule. For example, someone might say, Episcopalians accept a rule requiring men to take off their hats in Church.  [15]  For Hart, these are the external statements since they express the external point of view.  [16]   To sum up, as Scott J. Shapiro said in his Journal Harts internal point of view must be understood as a commitment to act in all of the above ways. That is, one takes the internal point of view towards a rule when one intends to conform to the rule, criticizes others for failing to conform, does not to criticize others for criticizing and expresses ones criticism using evaluative language.  [17]  Basically, Hart concept of the internal aspect distinguishes between social rules and social habits. A crucial difference from a social habit and a social rule is that habit lack criticism from others in a group when the convergent behaviour is deviated from. However, as it is seen, the internal aspect and therefore rules is an important ingredient for Hart conception of law. At first impression Hart conception of law, is a symbiotic relationship between primary and secondary rules, and more importantly the internal point of view seems valid. A primary rule imposes duties and prescribes how one must act by way of recognizing a general standard mode of behaviour. The secondary rules consist of the three important characteristics, which can be characterized as sub rules, which give the concept of rules as law and obligations, but more importantly, law as a system of rules. First is the rule of recognition, which helps to determine whether a rule is indeed a rule, this is determined by the influx of criticism for deviation of the rule and the existence of social pressures to conform. The second, denoted as the rule of change, which allows for the creation of new primary rules or the change and modifications of old rules for the group to live by, these rules are also subject to procedural standards. The final characteristic is the rule of adjudication that de termines whether or not a primary rule has been violated and prescribes the procedure the courts must follow to apply sanctions. There is also a strong connection with the rule of adjudication and the rule of recognition because, if the courts are empowered to make authoritative determinations of the fact that a rule has been broken, these cannot avoid being taken as authoritative determination of what the rules are.  [18]   Indeed the mosaic of the internal aspect, the primary and secondary rule as law is very attractive for Hart because he is able to explain where Austin has failed. Primary rules are laws, because they are general and span over the territory in which the sovereign has authority, and secondary rules are a means to enforce and amend the laws. The power conferred to the individual is not a duty, but merely powered conferred to identify rules and the breach of obligation, this is justified by inextricably linking the rules of recognition and the rule of adjudication. The existence of secondary rules, giving amendment ability and the creation of new rules, has an exacted resemblance of a legal system. However Hart analysis is open to scrutiny. One element that can be objected to is his assumption on why individuals obey law. For Hart, people obey rules hence law, because of the internal aspect. Individuals obey, not habitually or because of some sense of reason, but because other are doing so. The internal aspect also makes an assumption that a society where the internal aspect is at large is one that is duly homogenous. The individuals in this society all think in a similar fashion, they share the same morals, ethics and perspective and because of this they know rather instinctually know. Hart idea of the internal aspect is an explanation of why people obey and follow laws, but the implications of this theory is that the individuals under sovereign rule are completely oblivious and unthinking to law and the creation of laws is largely reactionary, where there are no presupposed principles of the social group in question. Hart points out that that there is no necessary conceptual connection between law and morality. He supports that there can be legal rights or duties that have no moral justification or force. On the other hand Dworkin which occupies a theoretical position somewhere between natural law and legal positivism maintains that there must be moral grounds fo r the assertions of the existence of legal rights and duties. That is, legal rights are a species of moral rights. Hart points out that his theory enables the identification of the law based on a relatively straight forward application of a rule of recognition. Dworkins theory on the other hand, requires a complex moral calculation and interpretation to identify even the simplest rule as a rule of law. The notion that the internal aspect is the main and only reason for peoples compliance and obedient nature to law is insulting to the populations intelligence and the diversity of peoples, morals, ethics and thought. To conclude by the combination of primary and secondary rules Hart believes that he has found a significant weapon for the analysis of much that puzzled both the jurist and the political theorists, namely, the heart of a legal system. He believes that this approach is greater than his predecessors to explain the nature of law. He rejects the sanction-centred theories because they are based only on the motivation that people will obey only through fear. Also Hart allows us to see legal phenomena, not in terms of isolated precepts with not meaningful link to social reality but as a unified system upon the concept of rule of recognition.

Dubliners :: essays research papers

Dubliners is considered a champion among books written in the English language. James Joyce's characterization of not only the people in the stories, but of Dublin itself, demonstrates his great ability as an author. Dubliners is not a book with a normal story line, a plot, and a definite climax and resolution. Instead, it is more of a setting, an atmosphere, an "epiphany" as Joyce called it. To understand the book, it is recommendable to focus on Irish history, and more specifically, Charles Stewart Parnell. He is a figure alluded to in this and other books by Joyce. He has been referred to as the "uncrowned king of Ireland."The series of short stories included in Dubliners depict a broken morale in and around the city of Dublin. The early 1900's marked a time of disheartened spirits not only in Dublin but all of Ireland. England still clutched Ireland under it's own control.. The citizens were bitter and dismayed.It wasn't until 1922 that Ireland freed itself from England. Up until that time, Ireland was occupied and ruled from Britain. The occupation had begun hundreds of years before, but from the end of the 18th century, a distinct Irish nationalism began to evolve. From 1801 onwards, Ireland had no Parliament of it's own. It was ruled by the Parliament in Britain which consisted of the House of Commons and House of Lords.Meanwhile, in the 1840's, a small group formed out of the Young Ireland movement. The leader, Thomas Davis, expressed a concept of nationality embracing all who lived in Ireland regardless of creed or origin. A small insurrection in 1848 failed, but their ideas influenced the coming generations. This small nationalism was illustrated in the stories "Evelyn" and "A Painful Case." In the latter, Mr. James Duffy, despite his dislike of the "modern an pretentious" Dublin, decides to stay at least in the suburbs and commute back and forth to his house. Also in the story of "Eveline", we see her refusing to leave with her fiancà © because of her ties to her home and her city. She couldn't leave; she couldn't abandon it. The small or perhaps hidden pride in the city of Dublin displayed itself in subtle methods throughout the book. After the potato famine in Ireland, a group was founded in 1858 known as the Irish Republican Brotherhood. Also known as the Fenians, they formed a secret society which rejected constitutional attempts to gain independence.

Dali :: Essays Papers

Dali Spanish painter. Born into a middle-class family, he studied at the Academy of Fine Arts in Madrid, where he mastered academic techniques. Dalà ­ also pursued his personal interest in Cubism and Futurism and was expelled from the academy for indiscipline in 1923. He formed friendships with Lorca and Buà ±uel, read Freud with enthusiasm and held his first one-man show in Barcelona (1925), where he exhibited a number of seascapes. He wrote the screenplay for Buà ±uel's Un Chien Andalou (produced in 1928), largely thanks to which he was adopted by the Surrealists. In Paris he met Picasso and Breton, and his involvement from 1929 onwards, his effervescent activity, his flair for getting publicity through scandal and his vivacity which counterbalanced the political difficulties encountered by the group, made him a particularly welcome addition. "Over the next few years Dalà ­ devoted himself with passionate intensity to developing his method, which he described as 'paranoiac-critical', a 'spontaneous method of irrational knowledge based on the critical and systematic objectivation of delirious associations and interpretations'. It enabled him to demonstrate his personal obsessions and fantasies by uncovering and meticulously fashioning hidden forms within pre-existing ones, either randomly selected (postcards, beach scenes, photographic enlargements) or of an accepted artistic canon (canvases by Millet, for example). It was at this period that he was producing works like The Lugubrious Game (1929), The Persistence of Memory (1931) and Surrealist Objects, Gauges of Instantaneous Memory (1932). Flaccid shapes, anamorphoses and double-sided figures producing a trompe-l'Å“il effect combine in these works to create an extraordinary universe where the erotic and the scatological jostle with a fascination for decay - a univers e that is reflected in his other works of this period, including his symbolic objects and poems (La Femme visible, 1930; L'Amour et la mà ©moire, 1931) as well as the screenplay for L'Age d'Or (1930). "It soon became apparent, however, that there was an inherent contradiction in Dalà ­'s approach between what he himself described as 'critical paranoia' - which lent itself to systematic interpretation - and the element of automatism upon which his method depended. Breton soon had misgivings about Dalà ­'s monsters which only lend themselves to a limited, univocal reading. Dalà ­'s extreme statements on political matters, in particular his fascination for Hitler, struck a false note in the context of the Surrealist ethic and his relations with the rest of the group became increasingly strained after 1934. The break finally came when the painter declared his support for Franco in 1939.

Fran Dorn :: Free Essays

Fran Dorn is the host of Literary Visions, a telecourse video. Dorn is an intelligent person with a love for literature and reading. After watching just one of these telecourse videos, I’ve come to learn a lot about Miss Dorn. With that said, I would like to share with you some of the bits and pieces I have come to learn. What kind of person is this Fran Dorn? Do these videos tell you anything about her personal life? Most interestingly, what are her thoughts on literature?   Ã‚  Ã‚  Ã‚  Ã‚  As I sat, notebook and pen in hand, watching these videos, I kept asking myself, â€Å"Who is this person? Is she nice? Mean? Compassionate?† The one thing you could tell about Miss Dorn right away was that she was a very intelligent woman. Dorn read many books, she has a Master’s degree – and that wasn’t the only way you can tell she is an intellectual. The way she talked with such knowledge about literature, and confidence. Miss Dorn graced the television set with such poise. She’s the type of person most people aspire to be.   Ã‚  Ã‚  Ã‚  Ã‚  There are many things you can learn about Fran Dorn’s personal life. Dorn states that she has her Master’s degree in theater. She also said that she went to a Graduate School in New York for three years. Miss Dorn always loves to read books. She also collected them. Some of the books in her collection include â€Å"Busy Timmy†, and the â€Å"The Velveteen Rabbit†. On the day Dorn graduated from Graduate School, she bought herself a book to celebrate. The book was â€Å"The Velveteen Rabbit†. The store’s clerk asked her if she wanted it wrapped as a gift for someone. She explained it was only for her, and the clerk wrapped it up. Then the clerk stated â€Å"It was indeed a gift, a gift I was giving myself†.

Presidential campaign

The 2008 Presidential campaign is heating up and voters are beginning to, if they had not already, become acquainted with the various candidates. From the mood of the country, coupled with the various polls which report in unison, their results, it seems likely that a Democrat will become the next president of the United States. The reason for this has more to do with what the Republicans have failed to do, than what the Democrats can do. The war in Iraq hurt the Republicans in the last midterm election and many believe that the same will be repeated next November. As a result of these findings, three Democratic candidates will be featured. They are Chris Dodd, Barack Obama and Hillary Clinton. The latter two are fighting against each other to become the party's presidential candidate in 2008 and the former, Chris Dodd is fighting to be recognized. In the November 15, 2007 Democratic debate, Dodd spoke the third longest, trailing behind both Obama and Clinton.[1] Unless there is an upset, it seems that the party faithful will have to choose between Obama and Clinton as their nominee. However, one of the aspects which keep the interest of the nation for more than a year, is the predictability of politics and that the nomination is still up for grabs. Chris Dobb is a five time United States Senator from Connecticut. His father was one of the lead prosecutors during the Nuremberg Trials in 1946.[2] The Dodd family has been one of class and privilege in the state of Connecticut for some time. However, this level of financial separation from the middle and lower classes of his state, has not been equated to a level of discontent between Dodd and the people that he represents. What has and will continue to serve as one of the major impediments for Dodd as he attempts to claim the Democratic nomination, is his lack of notoriety outside of Connecticut. Chris Dodd follows in all of the national polls as well as the state polls in Iowa and South Carolina which will be the first two state primaries and are scheduled to be held early next year. A Dodd nomination is a long shot. Barack Obama is another presidential candidate who is trailing in the polls. Despite the fact that he has been endorsed by Oprah Winfrey, perhaps the most powerful woman in America Obama will have to gain   a lot of ground on his chief rival, Hillary Clinton is he hopes to gain his party's nomination. Obama trails Clinton by more than twelve percentage points in both the Iowa and South Carolina races. However, recent flip flops by Clinton, most recently regarding New York Governor Eliot Spitzer's plan to give drivers licenses to illegal immigrants in which Clinton expressed both her support and disagreement with the plan, seemingly at the same time, people are labeling Clinton as one who panders to popular opinion instead of possessing hard fought convictions. Obama represents all those who have felt as though they have been left out of the political process. This is why among 18-24 year olds, less than 15% are expected to vote in either the general or presidential elections.[3] Obama’s youth as well as his diverse ethnicity will both help and hurt him as he attempts to become the first biracial president in American History. Obama is beloved in Illinois and in the Chicago area where he served as a state senator for a number of years. It also does not hurt that Obama is photogenic and energetic as well. Even his critics cannot help but state that barrack Obama is a gifted speaker and politician. It also does not hurt that Obama's campaign has deep pockets and trailed only the Clinton campaign in the money that it raised during the first half of 2007. Obama raised $58 million.[4] It has become a necessary evil in today's political atmosphere, that only those viable candidates who can raise the money, will have the opportunity to stay in the race. Republican hopeful, Mike Huckabee has already bowed out of the presidential race for that same impediment; not enough money. It does not seem that Obama will have that problem. His problem lies in being able to win over skeptics who doubt that a one term U.S Senator possesses the necessary experience to run a country. Also, it cannot be ignored that Obama's race might also serve as an impediment as well as some will decide that America is not ready for a president of partial African descent. One would hope that in a meritocracy such as the United States claims to be, one will â€Å"not be judged by the color of one's skin but by the content of their character†[5] as martin Luther King dreamed might be the reality one day in America. It is this level of discontent with old party politics, both within the Republican and Democratic Party, that Obama has received so much excitement. Obama is a new type of politician and it is that freshness that he brings to an old institution that has helped to bring so much attention to his campaign. Obama is a junior United States Senator from Illinois with the least amount of experience among all of the presidential candidates. However, Obama has attracted the attention and incited the passions of America's youth to such a degree not seen since the McGovern Campaign of 1972 and before that, the 1960 campaign of John F. Kennedy.[6] Whether or not Obama can help millions of American youth, previously apathetic towards politics, to incite a passion for politics and the opportunity to make a positive change in America, remains to be seen. The front runner to receive the Democratic party's nomination for President of the United States is Hillary Clinton. Clinton is both beloved and hated by Americans. There are few candidates, in both the Republican and democratic parties, which command such attention as does Hillary Clinton. A junior Senator from the state of New York, Hillary Clinton is no stranger to politics. This has been especially true since her husband, Bill Clinton was president from 1993 until 2001 and had he been allowed to run for a third term, many believe, he would have easily won. Clinton has the most money, the best connections and the most experience compared to the rest of the presidential candidates within the executive Branch. The fact that her failed attempt to reform health care in the early 1990's is still being brought up has not helped. However, Hillary Clinton is still the person to beat. It should have been no surprise at the latest Democratic debate on November 15, 2007, that her record was the one that was attacked the most.[7] The polls show and the candidates have   concurred, Hillary Clinton is the person to beat. Some have said that the fact that Hillary Clinton is married to former President Bill Clinton will serve as an impediment to her goal of becoming President. Mr. Clinton's latest comments in which he seemingly attempted to exclude the past mistakes of his wife by playing the victim, has not been met with positive reactions and has actually hurt Mrs. Clinton in the polls. having said that, Bill Clinton serves as a huge positive force within the Clinton campaign. Within those who identify themselves as Democrats and perhaps a few republicans who keep their fondness for the Clintons a secret, many wish for a return to the days of the Clinton White House. The Constitution bars anyone from seeking a third term. The next best thing is to elect the wife of Bill Clinton. This certainly does not mean that Senator Clinton does not have the ability to stand alone on her own two feet and when she plays down the role that her husband would have if she were to become the next president, is believable, the fact that she is married to Bill Clinton, has and will continue to serve as a huge boost for the Clinton campaign. Despite the numerous shady deals and repeated sexual indiscretions, the country still has a love affair for Bill Clinton. This is made truer by the disgust and sheer hatred that many democrats have for current President George W. Bush whose mistakes only make Democrats long for the Clinton White House even more. The 2008 Presidential Election is one of the most important ever seen in American political history. The future of Iraq, universal health care, welfare and immigration reform, are dependent upon who is in the White House as well as what party dominates the houses of Congress. A clean Democratic sweep will have a direct affect upon all of the aforementioned issues. The result of the Iowa and South Carolina primaries are heavily anticipated. An upset in either primary will have a great influence in perhaps rewriting part of this survey on the current status of the Democratic Presidential Nomination. Exactly who will win the Democratic Presidential nomination, as well as their bid for the White House is still in the open. However, the smart money, for those who gamble, will still have to go with Hillary Clinton. The fact that there still remains to be seen, a Republican front runner who is actually a conservative, only serves to help the Democrats and their current top dog: Senator Hillary Clinton. However, for those who believe that reality is stranger than fiction, it would behoove them to pay close attention to the political process which accompanies our selection for the next president of the United States. Surprises are sure to follow. WORKS CITED Clinton, Hillary Living History New York: Simon & Schuster 2003 Gerth, Jeff   Her Way: The Hopes & Ambitions of Hillary Rodam Clinton   New York: Simon & Schuster 2005 Jackson, David   Obama, Edwards Comes Out Firing Against Clinton   USA Today November 16, 2007 Myers, Joan Obama Announces Candidacy Chicago Tribune February 11, 2007 Page, Clarence Opponents Cite Obama's Lack of Experience Chicago Tribune   July 18, 2007 Biography on Chris Dodd   www.chrisdodd,com   Retrieved November 16, 2007 [1] Jackson, David   Obama, Edwards Comes Out Firing Against Clinton   USA Today November 16, 2007 [2] Biography on Chris Dodd   www.chrisdodd.com   Retrieved November 16, 2007 [3] Gerth, Jeff   Her Way: The Hopes & Ambitions of Hillary Rodam Clinton   New York: Simon & Schuster 2005 [4] Jackson, David   Obama, Edwards Comes Out Firing Against Clinton   USA Today November 16, 2007 [5] Page, Clarence Opponents Cite Obama's Lack of Experience Chicago Tribune   July 18, 2007 [6] Page, Clarence Opponents Cite Obama's Lack of Experience Chicago Tribune   July 18, 2007 [7] Jackson, David   Obama, Edwards Comes Out Firing Against Clinton   USA Today November 16, 2007   

Ensuring children and young people’s safety Essay

Ensuring children and young people’s safety and welfare in the work setting is an essential part of safeguarding. While children are at school, practitioners act in ‘loco parentis’ while their parents are away. As part of their legal and professional obligations, practitioners hold positions of trust and a duty of care to the children in their school, and therefore should always act in their best interests and ensure their safety – the welfare of the child is paramount (Children Act 1989). The Children Act 2004 came in with the Every Child Matters (ECM) guidelines and greatly impacted the way schools look at the care and welfare of pupils. Children and young people should be helped to learn and thrive and be given the opportunity to achieve the five basic outcomes: be healthy; stay safe; enjoy and achieve; make a positive contribution and achieve economic well-being. Children are vulnerable and depending on their age and level of development, do not see danger or recognise risks. They do not know when or how to look after themselves and need adults to protect them and ensure their safety, whilst encouraging their independence in an age appropriate manner. All organisations that employ staff or volunteers to work with children need to use a safer recruitment practice. In March 2005, following the Soham murders and the subsequent Bichard Inquiry, the DCSF – Department for Children, Schools and Families – (previously the DES and the DoH) proposed that Recommendation 19 of the Bichard Inquiry should be carried out: ‘new arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these clients.’ As a result, the Safeguarding Vulnerable Groups Act 2006 was passed, providing the legislative framework for the new Vetting and Barring scheme. This Act established the Independent Safeguarding Authority (ISA) to make decisions about who should be allowed to work with children, the elderly and other vulnerable adults and to maintain lists of those who are barred. Under the Act, it is an offence for an employer to employ a barred person in a role with children. It is also an offence for a barred person to apply for  such a role. Employers must also advise the ISA if an individual harms a child whilst working for them. The Protection of Freedoms Act 2012 merged the ISA with the CRB (Criminal Records Bureau) to form the DBS (Disclosure and Barring Services). It also differentiated between supervised and unsupervised activities. Schools should have policies and procedures for safer recruitment practice, which should be applied at every stage in the recruitment process, from advertising, references and pre-interview checks, to the selection of candidates, interviewing process and the offer of appointment. As part of the process, every adult wanting to work with children or vulnerable adults must have a DBS (Disclosure and Barring Services) check. There are three levels of DBS disclosure: -Basic disclosure: details relevant information about the individual, together with any convictions (spent or in force), cautions or warnings that the individual has received. -Enhanced disclosure: includes the same as the basic disclosure, plus any additional relevant information held by the police. -Enhanced disclosure with Barred List Check. Schools must also ensure that any adults (including cleaners and caretakers) or volunteers in the workplace do not have unsupervised access to children unless they have been DBS checked. Schools need to ensure that they provide children and young people with a happy safe environment to learn and develop, with trusted and supportive adults. Practitioners need to actively promote the well-being and welfare of every child. This includes providing a wide range of activities to promote development through play as well as formal learning. These activities should include age appropriate toys and games that meet the Toy (Safety) Regulations 1995 and are in a good state of repair. Practitioners should check for Kitemarks and CE markings. Kitemarks are symbols that show products have been tested and meet the British Standard Institute requirements. CE markings show that products meet European standards as set out by the European Community. Children also need to communicate and socialise with their peers, children from other age groups and other adults. They need to feel safe and secure in their environment so that they feel able to speak to adults about any concerns they may have, or to ask questions and seek help without fear of embarrassment. They need good role models who can help them extend their decision making skills and develop independence appropriate to their age and development level. Practitioners have a further responsibility to provide additional support to children who may have special educational needs. This may be through individual sessions within the school, liaison with external services such as educational psychologists or through the CAF (Common Assessment Framework) process. The CAF process was developed to gather and assess information in relation to a child’s needs in development, parenting and the family environment. It is a service that should be offered to children (and their families) whose additional needs are not being met through universal services within the school. Practitioners also need to protect any children who may be at risk of significant harm because of their home life and personal circumstances. There are a number of policies and procedures that should be in place in schools to ensure children and young people’s protection and safety: †¢Working in an open and transparent way – adults should make sure that another member of staff is always aware of where they are working, especially if they are alone in a room with a child, there should always be visual access or the door should remain open. †¢Duty of care – adults should always act in the best interests of the child and ensure their safety – the welfare of the child is paramount (Children Act 1989). †¢Whistleblowing – staff should understand their responsibilities to raise concerns of malpractice. Staff will be deemed to be failing in their duty to safeguard children if they do not act. †¢Listening to children – adults relationships with children should always be professional, caring and respectful. Children need to feel valued and listened to. †¢Power and positions of trust – adults working with children hold positions of trust due to their access to the children in their care, and relationships between pupils and staff will  always have an unequal balance of power – these positions should never be abused. †¢Behaviour – teachers should behave in such a way as to safeguard children’s well-being and maintain public trust in the teaching profession. †¢Physical contact – staff should ensure that any contact with children is entirely professionally appropriate. †¢Off-site visits – staff must take particular care to ensure that clear boundaries are maintained and full risk assessments must be carried out prior to a visit. †¢Recording of images – there must be age-appropriate consent from the person or their parents or carers. †¢Intimate personal care – all children have a right to safety, privacy and dignity when intimate care is required. †¢Sharing concerns and information – highly confidential information about children and their families should only ever be shared on a need to know basis, and anonymously wherever possible. †¢Security – school premises should be made secure with fencing, gates and locking doors with secure access codes to prevent unwelcome visitors and to stop children from leaving the premises unaccompanied. There should be clear locking and unlocking procedures and stringent rules for visitor access to the buildings. Contractors should be LA approved or selected using safe selection procedures and should have carried out appropriate risk assessments in advance. They should be given information to enable them to follow the school’s safety procedures. The three main areas that address the protection of children from harm in the work setting are: child protection; health and safety, and risk assessments. †¢Child protection. It is the responsibility of all adults in the setting to actively safeguard children and young people and to prevent abuse or neglect. The setting should detail how the policies and procedures should work on a daily basis and outline current legislation in this area (see Task A). The policy should describe the responsibilities of the setting as well as those of individuals. It should include a summary of the possible signs of abuse or neglect for staff to refer to (see Task D1). Staff are required to respond to any concerns in an appropriate and timely manner. There should be clear guidelines on how staff should proceed when there are concerns, or  allegations have been made, including the role of the designated CPO (Child Protection Officer) (see Task D2). Staff should also be made aware of the procedures if the allegation concerns another member of staff or the head teacher (see Section 2 below). The policy should detail external services that may be required, including names and telephone numbers etc. There should be specific guidance about how to behave if a child or young person makes an allegation of abuse. The policy should detail other procedures and policies that support staff responsibilities in this area, such as the behaviour and anti-bullying policies (see Task E) and the whistleblowing policy (see Section 3 below). †¢Health and Safety. Schools are legally required to have a Health and Safety policy to ensure that there is a plan for how health and safety is managed in the setting and that all staff are aware of all their responsibilities. This policy should be read and implemented by all staff and it should form part of the induction process for new members of staff. The Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 were designed to protect everyone at work. The employer in a school must take reasonable steps to ensure that staff and pupils are not exposed to risks to their health and safety. This applies to activities on or off school premises. The employer is required to carry out regular reviews of the school, its premises and activities. There should be a designated health and safety representative at every setting who is responsible for the reviews and any subsequent action. The reviews should involve regular walks around the school as well as safety checks on equipment. All electrical items should be checked annually by a qualified electrician. Fire extinguishers should also be checked annually. Staff should ensure that they use any safety equipment provided and store it safely. All materials and equipment used in schools should meet recognised safety standards. Practitioners should check for Kitemarks and CE markings. Kitemarks are symbols that show products have been tested and meet the British Standard Institute requirements. CE markings show that products meet European standards as set out by the European Community. The Workplace, (Health, Safety and Welfare) Regulations 1992 deal with physical conditions in the  workplace and require employers to meet minimum standards in relation to a wide range of issues, including: maintenance of buildings and equipment; lighting; provision of drinking water; temperature; ventilation; rest rooms; toilet facili ties; room dimensions and space; cleanliness; condition of floors and traffic routes. The School Premises (England) Regulations 2012 apply to all maintained schools in England, and came into effect in October 2012. This legislation works in conjunction with the Workplace Regulations, but applies specifically to school standards, which are often more stringent i.e. the provision of a medical room for pupils, or a lower maximum temperature for hand washing in children’s toilet facilities. To protect children and young people from harm on the premises, the school should consider the following: †¢Safety of the indoor and outdoor play equipment, including water and sand play. †¢Safety in the school kitchen, including the storage, preparation and cooking of food. †¢Fire safety, including maintaining clearly marked exit routes and doors. †¢Appropriately sized furniture and equipment for the children. †¢Safe storage of hazardous materials under the Control of Substances Hazardous to Health Regulations (COSHH) 2002. †¢Appropriate adult-child ratios at all times. †¢First aid training for staff, with sufficient numbers of first aid trained staff on the premises at all times. †¢Safety in the dining hall, including hot food, spillages, choking risks etc. †¢Vigilance in challenging unidentified adults. †¢Procedures for cleaning up bodily fluids, vomit or faeces. †¢Internet safety. †¢Hand washing facilities and practices. †¢Adaptations where necessary for children with special needs or disabilities. †¢Safety of outdoor play areas, including access, space and floor surfacing. †¢Safe storage and supervision of medicines. †¢Implementation of procedures for children and staff with illnesses, i.e. remaining away from school for 48 hours after sickness or diarrhoea. †¢A  nominated person for asbestos and legionella competency. †¢Tidiness and safety of traffic routes around the premises. Off-site educational visits have additional issues that could affect children’s safety. The Management of Health and Safety at Work Regulations 1999 requires full risk assessments to be carried out prior to a visit. Employers must assess the risks of activities, plan measures to control the risks and inform employees of the measures. Staff must follow school and Local Authority regulations, policies and guidance, which include: evidence of parental permission; emergency procedures; first aid kit and trained staff; appropriate clothing and equipment; qualified staff for activities; adult to children ratios; special educational or medical needs of the children; approval of volunteers (including DBS checks); age and competence of the pupils and transport arrangements. Health and Safety arrangements also require members of staff to keep colleagues/senior staff aware of their whereabouts and movements. †¢Risk assessments. It is a legal requirement for all employers to carry out risk assessments. Risk assessments are a formal examination of things that could cause harm to people. The Health and Safety Executive guidance sets out a simple Five Steps to Risk Assessment: Step 1: Look for the hazards and risks. A hazard is something that can cause harm. A risk is the likelihood of harm together with the consequences should it take place. Step 2: Decide who could be harmed and how. Step 3: It is necessary to differentiate between hazards and risks and then to prioritise them, dealing with the most serious risks first. Decide whether the existing precautions are sufficient. If not, decide what other precautions should be introduced and ensure that they are put in place. Step 4: Record your actions and findings. Step 5: Review the assessment at regular intervals, or if circumstances  change, and revise if necessary. Risk assessments should be used within the school setting e.g. for a new climbing frame or for outdoor water play, and also for off-site visits regardless of their duration. The head teacher is usually responsible for risk assessments and should sign and date them after they are completed. If existing precautions are not satisfactory, then activities may have to be restricted or stopped until changes are made. Changes may involve staff training or additional equipment. Risk assessments will also need to be carried out for individuals with special needs or disabilities and specialists may come to the school to carry them out. Other individuals may require a risk assessment in certain circumstances, i.e. a pupil on crutches or temporarily in a wheelchair. Ofsted inspectors would expect risk assessments to be available as part of their inspections. Risk assessments should form part of a school’s management processes and help to formalise working practices and arrangements. They are a valuable tool for identifying problems and potential problems, monitoring situations and ensuring precautions are taken to keep children and adults safe from harm.