Piaget Essays - Child Development, Cognitive Psychology, Free Essays

Piaget Essays - Child Development, Cognitive Psychology, Free Essays Piaget Mark Shaffer 2/29/00 Jean Piaget Jean Piaget grew up in a quiet region of French Switzerland. His father was a professor and his mother was a Calvinist. In 1918 Piaget earned a doctorate in zoology and started studying psychoanalysis. In 1920 he moved to Paris to study children's intelligence. He was fascinated with the way a child's mind works. He moved back to Switzerland to watch and observe children. Piaget did not think of children as being wrong, he thought of them as thinking in a different way. (www.pathfinder.com/time100/scientist/profile/piaget.html) Piaget was a constructivist. He believed that knowledge was not preformed and it was always being constructed and developed with interaction with reality. (www.pathfinder.com/time100/scientist/profile/piaget.html) He also found that a child's logic and ways of thinking are different from adults. His research centered around one question: how does knowledge grow? The way he answered it was, the growth of knowledge is a progressive construction of logically embedded structures superseding one another by a process of inclusion of lower less powerful logical means into higher and more powerful ones up to adulthood. (www.unige.ch/piaget/biog.html) He called this study of the development of knowledge genetic epistemology. He said that everyone, no-matter how young or old, has skills that help him or her gain knowledge. He called these skills schemas. (www.ship.edu/cgboeree/piaget.html) Piaget had four basic stages in his developmental theory. First is the sensorimotor stage. This stage lasts from birth to about two years old. The infant uses his five senses and his motor ability to understand the world and to develop skills or schemas. Before the end of this stage the child is able to pretend and has mental representation of objects. (www.ship.edu/cgboeree/piaget.html) Piaget's second stage was called the preoperational stage. This lasts from about two to seven years old. In this stage the child develops the use of symbols. For example when a child sees the word dog he or she knows what that word stands for. They also develop an understanding of the past and future. While in this stage, the child sees things from one point of view. They think that everything happens or is there because of them. They might say that the carpet is soft so when they fall they won't get hurt. (www.ship.edu/cgboeree/piaget.html) In the third stage, called concrete operations stage, the child begins to be able to classify. They will be able to put things in order from biggest to smallest or by color. They also develop the idea of conservation. This means that the child will be able to tell that quantity is the same no matter what shape it takes. For example when there are four marbles lined up and four scattered in another area the child will be able to tell that there is the same amount in both areas. The concrete operations stage lasts from about seven to eleven years of age. (www.ship.edu/cgboeree/piaget.html) Piaget's last stage is the called formal operations stage, and starts at about twelve years old. This stage involves using logical operations in an abstract way. This is also referred to as hypothetical thinking. This stage involves things like the formation of a hypothesis and the elimination of a hypothesis to solve problems or questions. (www.ship.edu/cgboeree/piaget.html) In physical education it is important to know how your children think. A physical educator can not make their lesson too complicated for the child to understand. This is especially true at the elementary level. If the child does not understand what is being taught then the child will not put forth any effort and may be turned off of physical activity. At the very beginning of a child's schooling he or she is still in the preoperational stage. Therefor it would not be a good idea to try to incorporate logic or the use of conservation into the lesson. A child at that age should be taught physical education in a way that will be easily understood. It should center on the use of symbols and basic physical skills such as running, jumping and throwing. Bibliography 1. www.ship.edu/cgboeree/piaget.html 2. www.unique.ch/piaget/biog.html 3. www.pathfinder.com/time100/scientist/profile/piaget.html

A Study Of Mansa Musa, The Wealthy King From Mali

A Study Of Mansa Musa, The Wealthy King From Mali Mansa Musa and the Kingdom Of Mali Mansa Musa is said to be one of the richest kings to have ever lived and his kingdom of Mali was a grand empire. But what made both Mansa Musa and Mali so prosperous and grand? And why if that was the case is it not held in the same regards as say Egypt? Using primary sources I plan to investigate and discuss Mali’s economic and social background, the history of Mali and why it isn’t considered to be on the same scale as Egypt is held to. The goal is for the reader to get an idea of what circumstances and actions allowed for Mali to prosper. To do this I will first go over the agricultural and environmental makeup of the Empire of Mali, then discuss briefly its history before and after Mansa Musa including the fall of Mali. After that I will provide my own opinion as to why Mali is not held in the same regards as Egypt, which will conclude this paper. Firstly it is important to understand the environmental and agricultural state of the ancient empire of Mali. The empire itself was massive, encompassing parts of modern day Burkina, Niger, Senegal, Guinea. The fact that that Mali was so expansive is one of the reasons Mali was so prosperous. In the book The Civilizations of Africa: A History to 1800 Christopher Ehret described the kingdom of Mali as having good amount of diversity when it came to its landscapes and environments. This included the desert Sahara to the north and the wild rich jungles to the south. (Ehret, 2002.) Because of this environmental diversity they had a number of different goods that they could trade not only within their own empire, but with other states as well. These goods included agricultural items such as kola nuts and shea butter. But they also traded manufactured goods such as textiles and metal goods, especially gold which was found in numerous amounts in Mali. (Ehret, 2002.) This would not have been possible though if it weren’t for the merchants running these trades. Mali absorbed several of its neighboring states and its people into the empire, mostly thanks to Sundiata and his desperados who I will discuss later, and this massive number of people led to consequences that would later make Mali a prime trader center in Africa, and this was only helped later by Mansa Musa. For example there were several different people leaving within Mali, these include the Soninke and Jakhanke, just to name a few. Merchants from these respective people would create juulas, which were trading firms set up throughout Mali. And things were made easy when they took certain portions of Mali to trade in. For example the Soninke focused more on north on the fringes of the Sahara for their trading and then expanded eastward towards the Sahel Valley at a later point in time. The Jakhanke meanwhile spread commercially west towards what are now the regions of Gambia and Se negal. (Ehret, 2002.) As I stated before this economic boom that took place in Mali could not have happened if it was not for both Sundiata and Mansa Musa. Sundiata made it so Mali existed and Mansa Musa brought in more trade thanks to his pilgrimage which attracted merchants from all over to Mali. And while Mansa Musa is considered to be on the richest and greatest kings of history, I believe it is important to look at who came before him, and made it so both Mansa Musa and Ancient Mali could prosper for years to come. What were the conditions or beginnings of Mali’s greatness? That all starts with Sundiata, who paved the way for Mali’s greatness and his own grandson’s greatness as well. Sundiata was the youngest of 12 children and he came from the Mandingo people of the time. (Bovill, 1995.). While his family was killed he was allowed to live because he was very ill and the attackers believed he would not survive. But he did, and he grew to become the Mari Jata and national hero of the Mandingo people. He became the first king or Mansa of Mali, and was a driving force in expanding its borders. Ibn Khaldun, a great historian was there when all of this was occurring and he himself stated â€Å"Their greatest king who overcame the Soso, conquered their country and seized power from the hands was the Mari Dhata†¦He ruled for twenty five years.† (Levtzion, pg. 66. 1973) Yet while hailed as the greatest king and national hero, he was not well liked by his people and so to keep the peace he hired desperados to aid him. With the help of said desperados, he quieted his people and took to expanding Mali’s boarders. Sundiata was a great warrior and tactician never having lost a battle if he was in one. (Bovill, 1995.) With his actions and what would seem to be tireless effort, he expanded Mali’s borders which allowed for a diversity of environments and agricultural items that could also be traded as discussed above. These agricultural goods could also be used to make manufactured goods. With help from his grandson, Mansa Musa, nearly 100 years later it lead Mali to a sort of economic and trading boom. (Levtzion, 1973). These two hand in hand basically made Mali what it was, even though they were so far apart. I believe it is important to pause and discuss these factors. Thanks to Sundiata not only did Mali have a great army and a powerful one at that, but thanks to him Mali’s prosperous future had already begun to take shape. The army was there to not only protect Mali’s numerous citizens, but also what the land had to offer as a whole. I believe it is safe to infer that without Sundiata doing what he did and being so successful at it, who knows how Mali would have worked. His conquest allowed for a backbone in which Mali could grow and thrive. But it would also seem to give Mali this sort of air that they indeed an empire to be reckoned with. It is also important to note the idea of image and keep in mind both Sundiata and Mali’s image which I will discuss later in this paper. Nearly a 100 years passed between when Sundiata ruled and when Mansa Musa took to the throne. And in those 100 years no king was able to reach the godlike status Sundiata had held. Mansa Musa though considered to be a great king did not reach this status either. But he is a favorite of Muslim, Oriental and Sudanese writers. (Levtzion, 1973.) That did not happen until Mansa Musa took the throne. He is famously known for his pilgrimage to Mecca and the spectacle that surrounded him. Bovill discussed the very spectacle in his book, â€Å"The spectacular scale on which it was conducted caused such a sensation in Cairo and other places which witnessed the passage of his splendid caravan, that the name of the Mandingo monarch quickly became familiar throughout a large part of the civilized world.† (Bovill, pg. 86, para 3) His fame even stretched as far as Europe and the Middle East as well. He alone showed Mali’s opulence to the world around him, and it was quite impressive. Mansa Musa began his Hadj sometime in 1324, which was the seventh year of his reign, after taking the throne in 1307. It is known that he passed through Walata and Tuat, but it is unknown which way he took to get to Cairo. (Bovill, 1995.) Though Bovill states a theory as to which way he’d gone, saying â€Å"It was probably through Wargla and thence to the coast of the Syrtes which would have given merchants from many parts of Europe trading with Africa an opportunity to witness his splendor†¦Ã¢â‚¬  (Bovill, pg. 87, 1995.) While on his travels, he and his entourage apparently were a sight to behold. He rode on horseback, and had 500 slaves walking in front of him and each of them carried a staff of hold that weighed 1/8th of gold. (Bovill, 1995.) Mansa Musa is also described as being of â€Å"pale complexion, variously described as red or yellow.† (Bovill, pg. 87. 1995.) This contributed to his notoriety, since he was considered to be a Negro king, and yet he did not look like one considering he did not have dark skin, which was typical of Negro kings. He was known for his piety and generosity, and seemed to hand out gold every chance he had. (Bovill, 1995.) In fact so much gold was handed out that in Cairo years after Mansa Musa had passed through and completed his travels gold had become devalued in Cairo. (Bovill, 1995.) This is a good example of just how kind Mansa Musa to everyone, even if they were not from Mali or Muslim. A good example of Mansa Musa’s generosity is when a merchant from Alexandria joined his caravan and traveled with him back to Sudan, though unfortunately the merchant died. Mansa Musa, being the generous and noble king who keeps his promises, paid the man’s heirs in full. (Bovill, 1995.). His kindness in returned allowed for others to take care of him when running low on funds and Mansa Musa promised to pay back his loan once he returned to his kingdom. (Bovill, 1995.) In fact it was due to Mansa Musa’s hadj that trade increased and boomed within Mali. (Bovill, 1995.) The world now knew that Mali was a hub for an important item and that was gold. So simply by traveling and showering people with gold enough interest was drummed up to increase Mali’s trade, which in itself is quite an amazing feat, but really that nothing less should be expected from Mali’s greatest king. Unfortunately after Mansa Musa’s death, things once again fell into a sort of disarray, the same which occurred after Sundiata’s death. Mansa Musa’s son Maghan took the throne, though he was only there for four years. During his reign the city of Timbuktu was seized and burned to the ground, and the two princes who had been captured by his father were released and moved to recapture their city from Mali’s grip. Maghan died after only four years, and it is suspected that he was disposed of by his uncle Sulymon, who is also Mansa Musa’s brother. He was the one originally entitled to the throne after Mansa Musa’s death, but he was denied that when Maghan took the throne. (Levtzion, 1973.) Unlike his brother Sulymon was not well liked, in fact he was hated, â€Å"because of his parsimony in contrast to the generosity of his brother Mansa Musa.† (Levtzion, pg. 66. 1973.) After his death the two kings after him had short reigns, his son lasting for only four months and the one after that lasting for a considerable longer time of 14 years. (Levtzion, 1973) But during this time civil war broke out and this troubled period marked the decline of Mali. The throne was often bickered over by descents of Sundiata and Mansa Musa, where it switched off periodically. Finally one of the last kings was simply known as Mari Djata, son of Maghan and grandson to Mansa Musa. But he was considered to be â€Å"the wicked ruler they had, because of the punishment, tyranny and corruption he imposed upon them†¦Ã¢â‚¬  (Levtzion, pg. 68. 1973.), them referring to his people. After him Mali went through a few more kings, but it was no longer the great empire that it had once been a nd was left in a state of disrepair. Now that I have laid out all the information, I will now discuss my own theory as to why Mali is not held in as high regards as Egypt, and I will do this by discussing Mali’s image, race, leaders and history. First Mali’s image, became well known in ancient times. This by itself is by the image that its leaders managed to show. Here we have Sundiata who is a great general and furious fighter. He protected his country and insured that not only his family, but his people had something that they could build and grow on. Then we have Mansa Musa, who in many ways is Sundiata’s exact opposite, and he brought the necessary people to build up Mali’s trade and economics. In Mali’s defense of image it had to great leaders. And if we are to compare that our own time that is a very important part of a country or empire’s image. Think of Egypt and the first pharaoh that comes to mind is either Radames or King Tut. One is known for being a truly great and powerful pharaoh of his time. And the other is known for the tomb that was discovered well after his death. But the idea of image can easily constitute how people view a place and how it is upheld. So in this regard I feel like Egypt and Mali are very similar. And yet its kings don’t seem to be held at the same regard as say the kings of Egypt. And one must ask why that is the case. For me, after researching and reading comes down to one thing and that is race. Mali is considered to be a Negro or Black kingdom, unlike Egypt which often isn’t considered one. The fact that Mali is a Negro empire is why it isn’t held in higher regard. Even the past Negro kingdoms were looked down by quite a few people The fact that Mansa Musa was black was a surprise to everyone who saw him even. Here was a man with great wealth and power and he was black. But we also have firsthand accounts of how some viewed blacks, for example Ibn Battuta who was not impressed by Blacks and in fact refused to write about them or visit their kingdom. (Bovill, 1973.) Race still plays a big part in who tells what stories as far as history is concerned. Even till this day it is grudgingly admitted that Mansa Musa was one of the richest and most well-known kings of history. And that is because he is considered to be Negro or black. This is of course in great contrast to say Egypt, where we don’t exactly know how the Egyptians looked. Though it is theorized and even I believe that Egypt itself was racially diverse not everyone thinks along these same lines and ideals. All we need to do is look at Black Athena Writes Back, a book that suggests that Blacks were the ones who had influence on Greeks and Phoenicians, and many sought a way to discredit said idea. (Bernal, 2001.) But throughout history Europe and other countries have wanted to grab Egypt for its opulence, history and what they left behind. And many people did not want to think the rulers of Egypt were black or people of color. There are whole arguments that try and prove that. I think a great example of how prevailing this thought is, of Egypt not being a part of Africa but more a part of the western and European world is the movie Gods of Egypt which has recently come out, which showed Egyptian pharaohs, gods and people as being of all European descent, which I don’t think is all that accurate to how Egypt was in the past. Now yes, this is a fantasy movie, but I think it’s still important to bring up the fact that is still a sort of prevailing issue. History has a habit of shutting down anything that lifts up black people. From history blacks have always been seen as inferior in the eyes of other. And to suddenly put an African kingdom to the same opulence of Egypt would shake up the status quo that has been set up by past historians. Africa has been denied its opulence unless it is Egypt, and everyone ese tries to claim that. So it is no wonder that we don’t hear much about Mali or Mansa Musa when we are schooled. And really look at why. We have a black man who is a great and successful leader. He is kind, generous and rich. That in itself would be a great story to inspire anyone who reads about him, especially for example black youth. We live in a world where we cannot see ourselves in the media and are always being criticized for being who we are. Enslaved and discriminated against, race is still a huge issue. And if Mali were held in the same regards of Egypt, well that would mean the norm and prevalent idea and though t that Africa as a whole is not advanced or had these great kingdoms would be shattered. But that isn’t the case and it should be noted that there is more to Africa than just Egypt. Another inference one could make as well is time. Egypt’s Kingdom lasted for almost 1,000 years. That is a long time for one kingdom in a world that is always changing and shifting, there were three major eras and three intermediate periods. Egypt had time to grow and the fact that this one kingdom lasted for so long just helps to show that Egypt is something that the world should know about and why it’s held in such high regards. Mali unfortunately does not have that. For after Mansa Musa, the empire went into decline as stated above. The empire itself lasted only about 300 years, and can be counted within four generations thanks to the likes of Ibn Khaldun. (Levtzion, 1973.) But that is fair. Empires rise and fall. That is how they work. Even Ancient Egypt fell after nearly 1, 000 years, and this includes once it was taken over by Greece in its later years. But those 1,000 years allowed for Egypt to be put upon a pedestal that Mali simply cannot reach. Not to mention unlike Egypt where there was a rise and fall of ups and downs, Mali seemed to suffer negatively. As stated above Sundiata and Mansa Musa uplifted and improved the empire. But in-between those, the other kings did nothing to reach the status of previous kings. And more often than not there was infighting, bickering and more often death. This in itself is a third reason. Mali to some may seem like it failed being an empire all together. Out of all of its rulers only two seemed to truly keep the empire stable and improve upon it. And I don’t think that is a fair assumption to make. Like I stated above, empires rise and fall. And just because Mali fell and had a run of inopportune leaders does not mean that it was an overall failure. Egypt can be put into this same category, since it to fell. But it does not mean it was a failure. Each kingdom was successful in its own ways. Egypt had success in trade, in building landmarks that still stand to this day. And while Mali lost Timbuktu it was there. They were a center of gold, and spread it throughout Africa with the help of Mansa Musa. They both have their fair share of success and failure. But I believe history as a whole is a little harder on Mali because once again it is a Negro kingdom, and finding fault and making it seem major is a thing that still happens ti ll this day. In conclusion I believe that is a mixture between race and time that holds Mali and Mansa Musa back from being held in the same regards as Egypt, when it comes to prosperity and popularity. Both are prominent and important kingdoms that had their fair share of success and failures. But the fact that one cannot pin point the exact race of Egypt’s rulers and its people allows for others to put it on a higher pedestal and look down on Mali, since it is a Negro or black kingdom. But in my eyes, it deserves to be right up there. It is an empire that if it had the right rulers and maybe had a longer time to shine would be something that would be talked about in many more class rooms like Egypt is. Or praised like Egypt is. Or fought over much like Egypt was to be begin with. I believe the only way for Mali to rise to the same height as the other kingdom is if this idea of race is changed and improved upon. I whole heartedly believe that is one of the things that keeps Mali in the sh adows. While I have heard of Mali, this is the only class where I was able to learn in depth about the empire and its people. In other classes it’s always Egypt. And I hope in good time people will look at Mali and see it for what it was. A powerful, prosperous empire that should be taught and talked about, just like Egypt is.

Asthma Essay Example | Topics and Well Written Essays - 1500 words

Asthma - Essay Example Industrialization has not only influenced lifestyles, environmental changes but also predisposed alteration in genes as individuals are now exposed to numerous environmental agents encompassing tobacco, smoke, pollen etc (Gilmour et al., 2006). These factors contributed to the augmented frequency of asthma. According to Umetsu and Dekruyff (2006), numerous research studies reveal that avid T-helper 2 (Th2)- driven responses results in asthma proliferation. CD4+ T cells making Th2 cytokines play an imperative role in lungs of asthma patients. The chief reason is interleukin-4 (IL-4) and IL-13 augments the level of (immunoglobulin E) IgE whereas IL-4, IL-9 and IL-10 augment mast cell proliferation, IL-5 enhances eosinophil accretion while IL-9 and IL-13 directly cause mucus hyper-secretion and airway hyperactivity (Umetsu and Dekruyff, 2006). These studies highlight the fact that allergy and asthma are compound genetic attributes, however in the proliferation of asthma numerous environmental factors encompassing allergens and pollutants play an imperative role. These act as stimulating factors and trigger genes to influence the propagation of asthma. It is evident that every individual is exposed to the allergens and other triggering agents but the condition of asthma is observed only in some sensitive individuals, underlining the importance of interaction between environmental and genetic factors in the development of asthma condition. Other preventive mechanism involves immunological factors that play the necessary role in preventing allergic and asthma condition needs further exploration (Umetsu and Dekruyff, 2006). Signs & Symptoms Coughing, wheezing, congestion or tightness in chest and difficulty in breathing or shortness of breath. Etiology According to Yeatts et al., (2006), reports are available displaying numer ous windows of exposure present the onset of asthma condition. These conditions may be witnessed right from the fetal stage in utero condition, which is directly influenced by the timing of T-cell memory programming as well as genetic predispositions to such conditions especially in case of atopic parents because of underdeveloped immune system of the fetus. Maternal smoking (includes nicotine and carbon monoxide which diminishes blood cytokine levels, stiffens the uteroplacental circulation and augments the discharge of catecholamines, a direct implication on fetal breathing movements), consumption of alcohol during pregnancy drastically influence the development of asthma, followed by the condition of obstetric complications and elective cesarean section. Asthma during childhood is attributed in 80% of the cases to genetic susceptibility where males show 2-4 times greater frequency as compared to the females. In adults asthma is attributed to the environmental conditions, lifestyl e, smoking habit and occupational hazard. As the age progresses exposure to environmental conditions and also occupational hazard increases which may augment the chances of asthma proliferation (Yeatts et al., 2006). According to Khetsuriani et al, (2008), there is a relationship between human rhinovirus (HRV) and asthma. Molecular characterization methodology was adopted in the study to examine HRVs in asthma cases.

Conscientious Objection Research Paper Example | Topics and Well Written Essays - 250 words

Conscientious Objection - Research Paper Example he patient in this case is not guilty in any way, but since the doctor who has attended to him/her performs abortions, then Rogers will not attend to him. The other issue is the fact that he is the only pharmacists available at the hospital and thus patients may be stranded. According to the state’s law, Rogers has all rights to act according to his religious, moral and ethical convictions as this does not call for civil, criminal and disciplinary action (Grady, 2006). The hospital cannot therefore fire him. It is the legal right of every patient to be attended to considering in a community hospital (Morrison & Monagle, 2009). It also may be that the patient is in pain and really needs the medication, but because of the religion conviction of Rodgers, he she cannot get the medication. In my view, any decision should be to the advantage of the patient. I would advise the hospitals management to get another pharmacist to work alongside Rodgers. This is because Rodgers has the right not to remit his services to patients coming from doctors who do abortion due to his religious conviction. It is therefore best to get a partner pharmacist in order to serve the interests of the patients and at the same time keep Rogers as they can’t fire

Princess Charming Essay -- Disney Fairytales Essays

Princess Charming Methodology I started thinking about an appropriate topic for my Field Report months ago. I considered the world of Punk culture in Chicago. Then I decided I knew too much already about this so I considered perhaps skateboard culture. At least this way I could learn something that I wasn't familiar with firsthand. But still, I have had a significant amount of exposure to skateboarding so I kept searching. I considered the already approved topics and looked specifically at folklore in fairy tales. I have been a fan of Disney movies since I was little, and other than considering which princess I wished to be like most, I never gave them a second thought. Once I began to think about them, I came up with some conclusions that make my view of Disney, and of fairy tales in general, less than magical. I concluded that my premise would be that indeed fairy tales are rich with folklore considering their timelessness, oral tradition, and mythical stories full of common themes. However, these motifs go beyond merely romance, adventure, and evil. Included in this list should be the unrealistic standards for female beauty, female dependence on males for identity, female submission, and the idea that women need to be somehow saved by a heroic man. This research is not intended to prove that fairy tales are themselves evil or dissuade readers from ever watching another Disney re-make. It will instead hopefully encourage viewers to watch with a more critical eye, and in recognizing both the positive and negative folkloric characteristics of the films, change the concept of a fairy tale as a little girl's dream, to what it really is; a fictitious story intended for the entertainment and amusement of children. ... ...e how filmmaking and its characters have evolved over time and what kind of progress we are making. Overall though, I enjoyed looking at these two movies from another, more critical, perspective. There are a lot of hidden connotations that I wasn't previously aware of. Once I started taking notice, they became ubiquitous. I look forward to the day when a woman holds the door for a man, an aggressive and confident woman is not made out to be the villain, and a man awaits his princess charming. Works Cited: Campbell, Joseph. 1961. "Departure," Chapter 1 in Hero with a Thousand Faces, first published 1949, 49-95. Princeton, New Jersey: Princeton University Press. Cinderella. Walt Disney, 1950. Green, Philip. Cracks in Hollywood ideology and Gender in Hollywood. Amherst: University of Massachusetts Press, 1998. Sleeping Beauty. Walt Disney, 1959.

Prepare and Maintain Learning Environments

TDA 2. 12 1. 1 – Health and Safety – learning environments. The school has a strict policy that describes the needs of keeping children safe within their learning environment. It is not only important that children are safe in school but also that they feel safe themselves – this creates a comfortable place to work. It is important that children are safe when playing outdoors therefore the main front gate is kept locked when children are in the playground and only the teacher on duty holds a key. Safety indoor is manned by the site manager who performs some daily checks and some weekly checks on the various equipment. The site manager’s job is to ensure that the school building is free from hazards and obstructions as this will prevent children from having any unnecessary accidents. It is the teacher’s responsibility and our responsibility to make sure that the classroom is free from hazards as there are many risks that could occur. There is a general classroom risk assessment updated every month in order to avoid accidents. 1. 4 If using any safety equipment in my lessons, I would always ensure that this was properly set up and safe to use. I would test it myself by using the manufacturer’s guide, I would ask another member of staff if I still wasn’t sure. 2. 4 As our school is ‘eco-friendly’, we have many different recycling wastes in progress. One of these is paper recycling where any waste paper including mistaken printing/photocopying can be reused. Another recycling operation we have is food waste, excess food from the school canteen and fruit cores and skins from the children is all put into a separate bin. Other recycling includes bottles, plastic and general waste. 3. 2 The physical environment is constantly practiced as it is an on-going procedure within school. Maintenance of health and safety of the children is taken care of in many ways i. e. a child/ a group of children are never left on their own, gates are always locked around the school and children cannot open front door or back doors without the help of an adult. Only members off staff are able to enter the building using the thumb print security system. Areas are always made to ensure that children and adults are comfortable in their learning/working environment. In the winter, central heating is on and in the summer windows can be opened to let in fresh air. Spare raincoats and willies are provided for children (and adults) without during outdoor learning. Most discomforts that a child may complain about can be sorted using the equipment and staff in the school. On-going activities will have been pre-planned and therefore the best space to do the activity in will have already been allocated by the class teacher or whoever has prepared the activity. For example P. E. ctivities would be best done outside as there is plenty of room (and fresh air) however if it is raining the sports sessions would then be done in the hall. The area the activity takes place in would also depend on the size of the class or group taking part. The children within the group would also need to be taken into consideration, for example are there any children that have disabilities which would hinder their performance if they were taken outside. Also blind/deaf children , the activities in the area would be adapted to ensure ease for everyone.

Direct effect of European Community regulations - Free Essay Example

Sample details Pages: 9 Words: 2571 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Topics: Community Essay Did you like this example? 1) The matter at issue include: (a) direct effect of European Community (EC) regulations; (b) direct effect of EC directives; and (b) the principle of state liability. (a) Direct Effect of Regulations Article 249 of the Treaty Establishing the European Community (TEC) state: à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‚ ¦a regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member Statesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "Direct effect of European Community regulations" essay for you Create order Thus, a regulation does not have to be implemented by Member States through national legislation for it to be applicable in those states. However, citizens of Member States would be able to directly enforce a regulation in national courts if it satisfies certain conditions, namely, it must be sufficiently precise and unconditional, leaving no room for discretion in implementation[1]. It has been established that citizens of Member States may bring an action against a state or an emanation of a state[2] in national court if that public authority is in breach of such a regulation[3]. This is known as vertical direct effect. Additionally, citizens could bring an action against private individuals in national courts for breach of a regulation[4]. This is known a horizontal direct effect. Considering the facts of the case it seems that the (imaginary) Regulation is directly applicable in the UK courts because it is a Community regulation. Furthermore, it is directly effective in the UK courts because the implementation of the amount of damages recoverable by occupiers of commercial premises who have been physically injured due to mercury contamination of their land does not depend on any conditions; and the rules for determining the amount of damages are sufficiently precise because it would be based on the rules that govern other personal injury claims in the UK. Thus, Martin could bring an action against his local authority. However, such an action is unlikely to succeed because there does not seem to be any breach of the Regulation by any local authority. But Martin could bring an action against Acme Chemicals. Since Martin suffered physically injury from mercury poisoning as a result of mercury leaking from the land of Acme Chemical, there seems to be a breach of the Regulation and thus he would be quite likely to succeed if he brought the action. Thus, it is submitted that Martin would not be likely to succeed if he brings an action against his local a uthority but he would be likely to succeed if he brings an action against Acme Chemicals Ltd. (b) Vertical Direct Effect of Directives Article 249 of the TEC state that directives are à ¢Ã¢â€š ¬Ã…“bindingà ¢Ã¢â€š ¬Ã‚ ¦upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods.à ¢Ã¢â€š ¬Ã‚  The fact that directives are not described as directly applicable does not mean that are incapable of such effects and it has been held that directives could be capable of direct effect[5]. A directive would be directly applicable if it satisfies the criteria for direct effect: it must be sufficiently precise and unconditional, leaving no room for discretion in implementation[6]. As long as a directive limits the discretionary powers conferred on member states, it would be deemed to be sufficiently clear[7]. And the obligations imposed by that directive would become unconditional, i.e., absolute, once the time limit for i ts implementation has expired[8]. Thus, if a directive is directly effective then a citizen could bring an action against a public authority for breach of its Community obligations[9]. Moreover, it has been established that an individual cannot enforce a directive against an individual (corporate or otherwise) in the national courts because directive do not have horizontal direct effect.[10] Considering the facts of the case it seems that Martin would be able to enforce the imaginary Directive in the UK courts because it limits the power of the UK by postulating a stipulated amount of damages and by providing strict liability against those who cause injuries due to mercury leaking from their land; and because the Directive had not been implemented by 25 March 2006. Thus, it is submitted that Martin is could bring an action against a public authority for breach of its obligations under the imaginary Directive. However, Martin would be unlikely to succeed because there does not seem to be a breach of any obligation under the Directive by any public authority. Moreover, Martin would not be able to bring an action against Acme Chemicals Ltd because it is a private entity. (b) State Liability The ECJ has established that where a state failed to implement an EC directive it would be obliged to compensate individuals for damages suffered as a result of its failure to implement the directive if: (i) the directive involved conferred rights on individuals; (ii) there was a sufficiently serious breach; and (iii) there was a casual link between the Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the directive and the damage suffered by the persons affected[11]. The à ¢Ã¢â€š ¬Ã‹Å"decisive testà ¢Ã¢â€š ¬Ã¢â€ž ¢ or whether a breach is sufficiently serious is whether the institution has à ¢Ã¢â€š ¬Ã‹Å"manifestly and gravely exceeded the limits of its discretionà ¢Ã¢â€š ¬Ã¢â€ž ¢[12]. The factors a courts should take into account in assessing this include: the clar ity and the precision of the rules breached, the measure of discretion left by the rule to the national or Community authorities, whether the infringement and the damage caused was intentional or voluntary, whether any error of law was excusable or inexcusable, the fact that the position taken by a community institution may have contributed towards the omission, and the adoption or retention of national measures or practices contrary to Community lawà ¢Ã¢â€š ¬Ã¢â€ž ¢[13]. The critical element in this list seems to be the clarity and the precision of the rule breached[14]. Furthermore, it seems that in the context of the transposition of directives, à ¢Ã¢â€š ¬Ã‹Å"a restrictive approach to State liability is justified to ensure that the exercise of legislative function is not hindered by the prospect of actions for damages whenever the general interest requires the institutions or Member States to adopt measures which may adversely affect individual interestsà ¢Ã¢â€š ¬Ã¢â€ž ¢[15]. However, it should be noted that the ECJà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach is not consistent and in some cases a clear breach of community law would be sufficiently serious to establish state liability[16]. Considering the facts of the case it seems that Martin could bring an action against the UK for failing to implement the imaginary directive because: The directive conferred upon individuals who suffered injuries from mercury poisoning the right to bring an action in tort on strict liability theory against those persons from whose land the mercury escaped. There seems to be a sufficient serious breach because the failure of the UK government to implement the directive manifestly exceeds the limits of its discretion. The directive clearly imposes strict liability on individuals if mercury leaks from their land and injuries someone, and states a minimum level of compensation (150,000 Euro). Even though the UK law is identical to the rule in the directive, the courts may find that there was a serious breach because the UK law does not provide a minimum level of compensation. The restrictive approach of state liability may not be applicable here because the UK has not adopted any measure that could provide a minimum level of compensation for injured parties. Additionally, the courts may find the UK responsible on the ground that they had failed to implement Community legislation. However, there does not seem to be any direct causal link between Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s physical injuries and the UK Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the Directive because the Directive could not have prevented Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries. Nevertheless, Martin could argue that if the directive had been implemented Acme Chemicals would have been more careful about mercury leakages which could have prevented his injury. However, it is submitted that the courts would be unlikely to accept this line of reasoning. In conclusion it is submitted that it is quite unlikely that Martin would be able to succeed if he brings an action for damages against the state for failing to implement the Directive because there does not seem to be a causal link between the breach and the injury suffered by Martin. However, Martin would still be able to bring an action against Acme Chemicals under English tort law. 2) The matter at issue includes grounds for direct action for annulment. Action for Annulment The framework for direct action for annulment is set out in Article 230 of the TEC. This Article grants jurisdiction to the ECJ to review the legality of all measures taken by the institutions designed to have legal effect, whatever their form or nature[17]. Thus, a decision made by the Commission is capable of annulment under to Article 230. Furthermore, Article 230 states that a natural or legal person would only have locus standi to challenge a decision addressed to himself or herself. However, t he decision has to be challenged within two months of its publication or notification to the plaintiff. If the two month time-limit expires a claimant cannot seek to challenge a measure by the back door, either by invoking Article 241[18] or by alleging a failure to act when the institution concerned refuses to take requested action. Once the courts have decided that the claim is admissible, the case will be decided on he merits. The grounds for annulment are delineated in Article 230. These are: (i) lack of competence; (ii) infringement of an essential procedural requirement; (iii) infringement of the Treaty or any rule of law relating to its applications; and (iii) misuse of powers. A claim based on lack of competence may be brought before the ECJ if the institution responsible for adopting the measure in question did not have the legal authority to do so. A claim based on infringement of procedural requirement would arise if the binding measure was not enacted accordi ng to the correct procedure. The correct procedures may be stated in the TEC or secondary legislation. For example, Article 253 of the TEC requires that all secondary legislation must state the reasons on which it is based; and must refer to proposals and opinions which were required to be obtained. It has been established that these reasons must not be too vague or inconsistent; they must be coherent; they must mention the figures and essential facts on which they rely. These reasons must be adequate to indicate the conscientiousness of the decision; and detailed enough to be scrutinised by the court[19]. The purpose of this requirement is to enable the affected parties to defend their rights and to enable the Court to exercise its supervisory jurisdiction. An action for annulment could also arise if the measure is in breach of general principles of law approved by the ECJ (e.g. equality, proportionality), any principle common to the constitution of Member States[20], and princi ples of international treaties in the field of human rights on which Member States have collaborated[21]. Finally, a measure could be annulled for misuse of power, i.e., use of a power for purposes other those for which it was granted. But a measure will not be annulled for misuse of power if the improper use had no effect on its substance; or it the authorities acted from mixed motives, proper and improper, as long the proper purpose is dominant[22]. Considering the facts of the case, and assuming that the two month time-limit has not expired, it seems that Mediflair would be able to make a direct action for annulment because it was specifically mentioned in the decision. Thus, a claim for an action for annulment would be admissible to the Court. It seems that the Commission may not have exceeded its legal competence because the Commission has the legal authority to make decisions which affect the European market. Since working hours and employment law issues are important aspects of any economy the Decision to reduce doctorà ¢Ã¢â€š ¬Ã¢â€ž ¢s working hours would be within its legal competence. Additionally, the decision does not seem to be in breach of any rule of law because it seems to be consistent with general principles of law, and international human rights law. Finally, it does not seem to be a misuse of power because there does not seem to be any evidence of improper motives. However, the decision could be challenged on the grounds of procedural impropriety because the Commission did not provide a detailed and thorough reasoning for the decision to reduce the working hours for doctors in private companies from fifty hours to forty hours. Since the Commission did not submit any facts or figures in support of its decision, it would be considered vague; and thus make it impossible for Mediflair to defend its rights. Therefore, it is submitted that Mediflair would be able to challenge the decision and bring proceedings for annulment on the gr ounds of infringement of essential procedural requirements. In conclusion, it is submitted that Mediflair would most likely be able to bring an action for annulment of the decision to decrease the working hours of doctors in the private sector and would be very likely to succeed. Bibliography Conventions Treaty of the European Community Cases Brasserie du PÃÆ' ªcheur SA v Germany (Cases C-46 48/93) [1996] I-1029 Commission v Belgium (Case 156/77) Commission v Council (Re Europe Raod Transport Agreement) (Case 22/70) Courage Ltd v Crehan (C453/99) [2001] E.C.R. I-6297 (Westlaw) Foster and Others v. British Gas Plc (Cases 188-89). Francovich and Bonifaci v Italy (Cases C-6 9/90) [1991] ECR I-5357 Germany v Commission (Re Tariff Quotas on Wine) (Case 24/62) Internationale Handelsgesellschaft mbH (Case 11/70) J Nold KG v Commission (Case 4/73) Marshall v Southampton and South West Hampshire AHA (C271/91) [1993] ECR I-4367 (Westlaw). P ublico Ministero v Tullio Ratti (Case 148/78) ECR 1269 R v Her Majestyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Treasury, ex parte British Telecommunications plc (Cases C-392/93) R v Minister of Agriculture, Fisheries and Food, ex parte Hendley Lomas (Ireland) Ltd (Case C-5/94) Van Duyn v Home Office (Case 41/74) [1974] ECR 1337 1 Footnotes [1] See Publico Ministero v Tullio Ratti (Case 148/78) ECR 1269 para 23. [2] Emanation of a State includes a body which is under the control of the Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢: reports to a minister who may give it directions as to its management and activities, has general control over its finances and may require it to pay over to him any of the bodys revenue which appears to him to be surplus to its requirements. See Foster and Others v. British Gas Plc (Cases 188-89). [3] See Marshall v Southampton and South West Hampshire AHA (C271/91) [1993] ECR I-4367 (Westlaw). [4] See Courage Ltd v Crehan (C453/99) [2001] E.C.R. I-6297 (Westlaw). [5] See Van Duyn v Home Office (Case 41/74) [1974] ECR 1337, para 12. [6] See Publico Ministero v Tullio Ratti, supra note1, para 23. [7] See Van Duyn v Home Office, supra note 5. [8] See Publico Ministero v Tullio Ratti, supra note 1 at para 43. [9] See Foster v British Gas, supra note 2. [10] See Marshall v. Southampton an d South West Hampshire AHA supra note 3. [11] See Brasserie du PÃÆ' ªcheur SA v Germany (Cases C-46 48/93) [1996] I-1029 para 50 and 51, see also Francovich and Bonifaci v Italy (Cases C-6 9/90) [1991] ECR I-5357 para 40. [12] Ibid. at para 55. [13] Ibid. at para 56. [14] See for example, R v Her Majestyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Treasury, ex parte British Telecommunications plc (Cases C-392/93). [15] Ibid. at para 40. [16] See R v Minister of Agriculture, Fisheries and Food, ex parte Hendley Lomas (Ireland) Ltd (Case C-5/94). [17] Commission v Council (Re Europe Raod Transport Agreement) (Case 22/70). [18] See Commission v Belgium (Case 156/77). [19] See Germany v Commission (Re Tariff Quotas on Wine) (Case 24/62). [20] See Internationale Handelsgesellschaft mbH (Case 11/70). [21] See J Nold KG v Commission (Case 4/73). [22] See Federation CharbonniÃÆ' ¨re de Belgique v High Authority (Case 8/55).