Friday, November 29, 2019
How does Shakespeare use language in Hamlet to teach the reader valuable lessons in life Essay Example
How does Shakespeare use language in Hamlet to teach the reader valuable lessons in life Paper Shakespeares tragedy , Hamlet is written during the Elizabethan period . The tragedy , Hamlet was written at a time of intellectual and political controversy . Hamlets popularity is global and it is one of Shakespeares frequently performed plays. Hamlets popularity is due to its artistic exuberance, rich and varied incidents, characters and language. Shakespeare has deep insight into human nature and can intrigue and excite the reader or the audience . Shakespeares plays are written specially to be acted on the stage . Performances took place in the open air and spectators were seated all around the stage. Shakespeare richly depicts his interest in his own profession . Obvious examples include the players and the play-within-a-play to reveal Claudiuss guilt resonates with the language and the imagery of the theatre . Shakespeares Tragedy Hamlet, Prince of Denmark is based on a 12th century tale by Saxo Grammaticus, which Shakespeare most certainly never saw, and is part of a spate of revenge dramas which were extremely popular around the turn of the seventeenth century. Hamlet was written in the 17th Century . In Elizabethan times revenge was taught to be noble and man made . According to the Elizabethans there could only be order only if man could control his passions . During the Elizabethan times elevated passages reflected philosophical thoughts . These thoughts were often spoken in verse . Rhyme was also used to convey the anxiety and passion . There was no real scenery and so setting was created through magic words . In Elizabethan times tragedy only occurred when the person was initially good and there is some tragic flaw in him which leads to his downfall . We will write a custom essay sample on How does Shakespeare use language in Hamlet to teach the reader valuable lessons in life specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on How does Shakespeare use language in Hamlet to teach the reader valuable lessons in life specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on How does Shakespeare use language in Hamlet to teach the reader valuable lessons in life specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Shakespeare has cleverly used soliloquies in his plays to express the characters feelings in that situation. Using soliloquy was a literary tradition used in the olden plays to make all the readers be engrossed in the play and so that they can get in to the most possible depth and understand the hidden meaning . A kind of inner debate is portrayed through the use of soliloquies. The reader is able to gain direct experience of Hamlets inner world. to be or not to be The complexity of his thoughts and ambiguity of his actions appear life like . His intellectual energy and alertness made the action more comprehensible. Shakespeares language complexes the reader but it has deep meaning in them . He uses similes and metaphors that are the lifeblood in all his plays . In Hamlet imagery has been used, descriptive style has been used through out the play . The language used by Shakespeare is full of variety , sometimes enigmatic . Shakespeare genius and mastery of language helped the reader to appreciate Hamlets inner turmoil and to share his trauma . This play is a family drama and since we are all family members, it sustains our interest . The focus is on family relationships like brother , sister ,father and son, daughter and mother, etc . We also understand the importance of friendship , In this play in the 1ST Act the reader is informed that the King of Denmark was murdered by His own brother Claudius . Claudius wanted to rule Denmark and so fulfilled his greed by murdering his own brother . Shakespeare also includes super natural element his fathers ghost . His fathers ghost commands him to take his revenge. So this play depicts the sons turmoil and how he delays to take his actions. To obey our parents is the primary duty of each and every child . A child is been taught till today in school that he should always respect his elders and obey them as they will be successful in their lives if they are obedient and can also pass this on to the next generation . Shakespeare conveys the lesson of being obedient through many ways . One of the ways is when Leartes warns Ophelia about Hamlet . A violet in the youth of primary nature , Forward not permanent , sweet, not lasting. The inward service of the mind and soul Grows wide withal . In this case colours have been created here through the words violet . Images of the spring season have been created . Shakespeare uses this phrase as it was proverbial as well as associated with love . This is one of the ways Shakespeare involved the reader in the play . Adjectives have also been used in this line sweet . All this is done to create an image in the readers eyes . These lines emphasizes that Hamlets love was short lived and not lasting because as Hamlet grew up he became wiser . The words youth of primary nature emphasizes that love is youthful and not long-lasting. Leartes also cautions Ophelia His greatness weighed , his will is not his own For he himself is subject to his birth For on his choice depends The safety and the wealth of this whole state. Leartes makes Ophelia aware that as he is the king he has to please everyone . Hamlet cant choose to marry because he is the prince and he has to marry in the interest of the state. Leartes is a typical protective brother as he warns her of Hamlet. We learn from this the relationship of the brother and sister . He also says Fear it Ophelia , fear it my dear sister. And keep you in the rear of your affection Out of the shot and danger of desire This line tells the reader that Leartes warns her that Hamlet might take advantage of her innocence . Shakespeare cleverly uses images of treasure , war , masks and disease as sexual metaphors when Leartes warns his sister against losing her virginity to Hamlet or lose your heart or your chaste treasure open to this unmastered opportunity . This is a lesson to the reader that he should always listen to his elders as they are more experienced and know more than us . Polonius even warns Ophelia about Hamlet and this part even shows us the importance of being obedient and always listening to our elders . Shakespeare has used a variety of language techniques here to make the reader learn valuable lesson about obedience . Shakespeare begins with a Rhetorical Question . What is between you ? Give me up the truth . Polonius too warns Ophelia to stay away from Hamlet as he could deceive her at any moment and as he was the king his primary duty was to look after the needs of the people . Shakespeare also uses a simile . Affection ? pooh ! You speak like a green girl . A green girl is a girl who is inexperienced . So Shakespeare uses this to compare Ophelia to an inexperienced girl . This word green refers to the reader as he too is inexperienced and he should always listen to his elders . Shakespeare creates stunning imagery which helps the reader visualize the situation . Or not to crack the wind of the poor phrase The image is of a horse or over exertion of a hound which will get the stitch . Shakespeare has used strong comparisons . Ay, springs to catch woodcocks Wood cock was a foolish bird that fell into snares . So in this case he compares Ophelia to a woodcock . When the blood burns , how prodigal the soul Lends the tongue vows He tells her that in youth any body will say anything , but it is up to her that she should not believe them set your entreatments at a higher rate Than a command to parle Polonius tells her that she should have her own dignity. Its very important for a person to have his or her dignity because others will respect him / her . She should also be at a commanding position. for Lord hamlet , Believe so much in him that he is young, Do not believe his vows . For they are brokers. He warns Ophelia that she should be careful of Hamlet as he could take advantage of her innocence . In this case Shakespeare uses comparison again . This time he compares Hamlet to brokers . I appreciate his comparison as Polonius was confident that Hamlet would break her daughters heart and all the vows and promises they had taken . Ophelia unwillingly acknowledges her father and replies I shall obey my lord . I appreciate her courage as she is ready to sacrifice her love and submits herself to her fathers instructions . There is one more character who shows the reader that he is loyal to his father . That is Hamlet . In Act 1 scene 5 Shakespeare has made use of supernatural elements his fathers ghost. His father commanded him to take revenge against the serpent that did sting thy fathers life now wears the crown He promised his father that he will take revenge. Hamlet was in a state of confusion whether or not take the revenge . He knew that it taking away a persons life was not in his hands , it was all on All Mighty . His conscience prevented him to do such a devious thing. Still he took revenge to show the reader that he obeys his father. Another way we know about his obedience is when his fathers ghost tells him Taint not thy mind , nor let my soul contrive Against thy mother aught. Leave her to heaven. His fathers ghost commanded him to leave his mother alone to the heaven. When he had a conversation with his mother , he never harmed her but persuaded her to introspect herself. He also forced her to confess that she was responsible for his fathers death. Confess yourself to heaven. Friendship is an in-depth relationship combining trust, support, communication, loyalty, understanding, empathy, and intimacy. In friendship trust lies on each other and they share their feelings with each other . One lesson which we learn is about friendship . Shakespeare has conveyed this lesson for the reader through many ways . One of the way is through Leartes and Polonius . In this situation Leartes is departing to France and Polonius instructs him about what kind of friends he should have . These instructions resembles of a typical father who advices his son when he goes out for future studies . The first thing Polonius tells him The wind sits in the shoulder of your sail . Shakespeare uses stunning language techniques when he portrays some very valuable lessons which could be applied in our lives. He makes use of Personification here . Polonius tries to tell Leartes that nature is favoring him that he should go out of the country to study . Shakespeare gives the wind the quality to sit . look thou character. Give thy thoughts no tongue. This line emphasizes that a person should think before he / she speak because if you dont think the other person might have a wrong impression about you . This is a lesson for the reader that he should think before he speaks . Be thou familiar , but by no means vulgar. Those friends thou hast and their adoption to them Grapple them unto thy soul with hoops of steel Harsh words have been used by Shakespeare vulgar. Shakespeare has used harsh words so that the reader learns that a person should not be rude in friendship and you should not offend your friends as they are an integral part of your life . This line conveys the message that we should be pleasant in our friendship when dealing with others and that we should not become cheap with the common people . The 2nd sentence teaches the reader that we should not be overfriendly with someone as there could be disagreements between friends . But do not dull thy palm with entertainment . Negative words like dull have been used to emphasize on the point that your friendship should not be meaningless . We should also be very selective while choosing our friends. We should not be with bad company but with true friends who will help us out . So we should only shake our hands with those people who are our true friends . This is again a lesson for the reader. be aware of entrance to quarrel . but being in beart that th opposed may be aware of thee . Give every man thine ear, but few thy voice Take each mans censure , but reserve thy judgement Harsh words like quarrel used by Shakespeare to depict the fact that in friendship there should be no fights. Words like beware used to caution the reader that quarrel should not exists in friendship . In the 2nd quote the line emphasizes that a man should always listen more and talk less. Another lesson it tells the reader that he should take advice from other people . At last Shakespeare has also used a simile And it must follow , as the night the day . Shakespeares compares that just as the day follows the night , Leartes should also follow the instructions given to him . I appreciate his use of similes , comparisons as they help the reader to visualize the situation . The other characters that depict the importance of friendship are Horatio and Hamlet . Horatio was Hamlets close friend . A friend is whom we share our feelings and they are the ones who give us suggestions if we are facing any crisis . Horatio also warns Hamlet when he was following a ghost : Do not my lord What if it tempt you toward the flood , my lord, Or to the dreadful summit of the cliff Horatio warns him that he should not believe in hallucinations as it could harm him or drive him into madness . This shows his concern for his friend. Horatio used to support Hamlet at every ups and downs . A friend is someone who we can trust up on. Horatio was worthy to be trusted by Hamlet . The reader knows about it in the 1st Act when Hamlet tells them to swear that they wont tell anything about the ghost. Ay by heaven my lord . Horatio kept his secret and till the end he did not tell it to anyone. Hamlet used to admire Hamlet and he shows his admiration as a true friend . Hamlet tells Horatio about friendship and tells him to support him. He tells Horatio For what advancement may I hope from thee , That no revenge hast but thy good spirits Shakespeare has used adjectives while teaching us valuable lessons in life so that its descriptive and it captures the readers attention. good spirits. Hamlet tells to Horatio that he should be friendly with him and not betray him in any way or the other . Hamlet also shares his inner conflict with Horatio. He tells Him Sir in my heart there was a kind of fighting- This shows true friendship as Hamlet shares his emotional disturbance with Horatio as he feel secured with him . Harsh words have been used by Shakespeare fighting to depict Hamlets inner disturbance . Shakespeare has also used characters who dont value friendship at all they are Rosencrantz and Guildenstern . They are a contrast to Hamlet and Horatios friendship . They are the ones who try to deceive Hamlet but failed . They were sent by the King to find about the reason for his madness . Hamlet wanted a friend who would be true to him and not deceive him . By what more dear a better prosper can charge your withal . Shakespeare uses simile to compares those characters who did not value friendship- Rosencrantz and Guildenstern He keeps them like an ape an apple . He compares these two to an apple kept so that the King could extract all information from them . The reader also learns the importance of prayer . Prayer is very necessary as we should thank God for all we have . We should also confess to God if we have done something wrong . Claudius is guilty of what he has done and confesses to God . Poetic language used by Shakespeare to show that Claudius was really guilty To wash it white as snow? Where to serves mercy But to confront the visage of offence? He has used similes white as snow . He wants God to wash away all his sins completely . What then ? What rests? What it can it not Shakespeare has used Rhetorical Questions in the play to depict the reader that his state of mind was in confusion . Imagery has been created through Shakespeares choice of words heart with strings of steel The reader imagines his heart strings have hardened to steel as a result of the crime . Introspection is necessary as a person would be able to find out whether was he correct or wrong . It was a literary tradition to convey the character of the person . This above all :to thine own self be true . This is the most important line as it portrays that whatever we do , we should be answerable to conscience . If we do something superior than we will be able to answer our conscience and will not be ashamed of what we have done. In Hamlet Shakespeare has used Soliloquy to tell us about the characters feelings at that time and this helps us to judge the character of Hamlet. o what a rogue am I Hamlet humiliates himself . He also asks himself questions am I coward? who calls me villain? He condemns himself for not taking any action against Claudius . why , what an ass am I. Shakespeare has used rhetorical questions which depict the reader the state of confusion he was in and the inner conflict he was facing at that situation. Hamlet asks himself many questions through out the play. to be or not to be- Hamlet was wondering to take the revenge or not. This is an important lesson to the reader that he should ask himself a string of questions to test whether he was right or wrong .
Monday, November 25, 2019
Code of Ethics Essays - Codes Of Conduct, Morality, Business Ethics
Code of Ethics Essays - Codes Of Conduct, Morality, Business Ethics Code of Ethics BUS/210 March 7, 2014 Code of Ethics 1.Honesty: We will be honest in the way in which we deal with each other, our vendors and suppliers, and our customers even when honesty may result in financial loss. a.I chose this one because I believe that customers appreciate an honest business. 2.Community Involvement: We will be involved in community activities to support and encourage clean neighborhoods, crime control, and overall community advancement as a way of showing our appreciation of our community and customers. Community involvement activities must be approved by management in advance. a.I chose this one because it builds a good reputation and shows the business is concerned with more than just profits. 3.Social Responsibility: We will be socially responsible by abiding by all local, state and federal laws and regulations regarding the operation of our business. a.I chose this one because it also builds a good reputation and it is the right way to do business. 4.Discrimination: We will not discriminate in our hiring or promotion practices against anyone regarding race, color, gender, nationality, religion, or age. a.I chose this one because it is illegal to discriminate. 5.Vendors/Suppliers: We will only do business with vendors and suppliers that operate in a legal and socially responsible manner. a.I chose this one because if associated with a corrupt business, we could be guilty by association. 6. Work/Life Balance: We recognize that our employees families are important and will provide set work schedules so that our employees have the necessary balance in which to have quality time to support and enhance those relationships. a.I chose this one to show the employees that the business cares about them.
Thursday, November 21, 2019
The Relationship between Entrepreneuship, Innocation and Economic Essay
The Relationship between Entrepreneuship, Innocation and Economic Development - Essay Example A variety of theories and policy approaches have been advanced with Keynesian influenced stimulus packages being infused into Western economies with varying degrees of success. Still, a growing body of support has turned to the potentials of economic development occurring through entrepreneurship and innovation. Theorists such as Joseph Schumpeter argue that entrepreneurship and innovation are core elements for economic development, and subsequent city and state governments have oftentimes-established incubators and given increased funding to ensure that innovation is supported. This essay examines the relationship between entrepreneurship, innovation and economic development. The essay also considers the role creativity and problem solving play in this relationship, with reference to both theory and examples from the business world. Analysis When examining the relationship between entrepreneurship, innovation, and economic development perhaps the most groundbreaking theorist has bee n Joseph Schumpeter. While Schumpeterââ¬â¢s insights into economic development span a wide array of understandings, there are a number of specific considerations that are relevant for this specific mode of investigation. One of Schumpeterââ¬â¢s most important notions is that of ââ¬Ëcreative destructionââ¬â¢. ... Individuals such as Alan Greenspan have noted that this process underlines economic development. He notes, ââ¬Å""Capitalism expands wealth primarily through creative destructionââ¬âthe process by which the cash flow from obsolescent, low-return capital is invested in high-return, cutting-edge technologies" (Greenspan 2002). There are a number of specific means by which entrepreneurship and innovation carries out such creative destruction. In his text ââ¬ËTheory of Economic Developmentââ¬â¢ Schumpeter argued that entrepreneurship didnââ¬â¢t simply create new industries, but also resulted in the combination of past industries (Schumpeter 1982). One example of this is that the development of the steam engine combined with carriage development techniques to form the automobile. The development of the automobile then drastically shifts previously held economic and social structural elements, reenergizing the economy and contributing to economic development. While Schumpeter ââ¬â¢s theories have received a degree of criticism that remain prominent and highly relevant in the contemporary world environment. In large part, Schumpeterââ¬â¢s understanding of entrepreneurship and innovation as contributing to economic development has been echoed through endogenous growth theory. This perspective contends that a nationââ¬â¢s economic growth occurs through internal rather than external factors. In this context of understanding itââ¬â¢s clear how Schumpeterââ¬â¢s theory on entrepreneurship is squarely rooted within the endogenous means of growth. While entrepreneurship is popularly viewed in terms of inventions and small business owners, in further examining its impact on economic development one must consider the more abstract notion of innovation
Wednesday, November 20, 2019
Are knowledge and talent skills that can be taught in the workplace, Essay
Are knowledge and talent skills that can be taught in the workplace, or are they only acquired from experience - Essay Example Knowledge can be acquired through both teaching of an individual at the workplace and can also be acquired through experience. It is noteworthy that no skills are inborn but they are acquired by an individual as they grow. Many employers write job descriptions requiring skills for certain posts. Most hiring employers look for employees with certain skills rather than an individual with best talents. It is important for managers to understand that skill is a learned competence and everyone can be taught to develop a particular skill. Talent is a gift from God and reflects etymological roots of an individual. Talent cannot be taught in a workplace. If one wants to be a salesman, then with enough training, he or she can be taught to acquire this particular skill. In fields such as accounting, many people can read bank statements but few people can manage to manipulate the statements to identify viable investment opportunities. Communication is another area that clearly differentiates be tween the inborn or gifted characteristic and skills that can be acquired through teaching. Some people can talk throughout the day and what they are talking about influences other people. Some people have no ability to talk even for one hour. From these, we can note that skills can be acquired through teaching and experience (Santana, 2005). For more than 10 years, I have been hiring talented and skillful personnel to be my operations assistants. Last year, I was looking for a person with high profile in terms of skills that they were taught. I decided to employ a young man who had no skills.. I hired him because he had passion in the job. It was very fortunate that he learned how to do the job within a short period of time; he became the best among my employees. He turned out to be very productive more than the rest of the employees. From this, I learned that skills and knowledge can be acquired
Monday, November 18, 2019
Pro Life Essay Example | Topics and Well Written Essays - 500 words
Pro Life - Essay Example It is rather known most commonly as the opposition to most abortion case; the support to new life. The major stated goal of the pro-life movement is to "restore legal protection to innocent human life" (Matthew, 2006). This includes the protection of the fetuses and embryos, those who are physically incapacitated that cannot tell their thoughts anymore, and people who are too weak. There are three kinds of people in the world: those who only watch things to happen, those who knows how to make things happen and those doesn't even know whatever it is that hit them. Today, the majority of the people of the world are those who sometimes cannot even be bothered with what's happening, and the one's who make up the first and the last category. In today's reality, it is very hard to establish a common goal and further, fight for it; as people also considers the greatest destroyer of peace today is abortion, because it is believed that it is the direct killing of an innocent child, and by the term, it is also a kind of "murder" by same person who gave life to it. It is no longer just the issue of a woman's right to choose the number of children that she will bear.
Saturday, November 16, 2019
Reforming the Legal Rights of Patients in Pakistan
Reforming the Legal Rights of Patients in Pakistan ââ¬Å"If they are unwilling to understand your pain make them feel it.â⬠Kevin Schaller THE PROPOSED LEGISLATION TO RECTIFY DEFICIENCIES IN THE LAW Background One sentence triggered me to work on the patient rights which is a Doctor be treated as patients to make them realize that how hard is it to be a patientââ¬â¢. In Pakistan the basic fundamental rights of patients globally acknowledged (Right to Information; Right to Consent; Right to Free Choice; Right to Privacy and Confidentiality; Right to Respect of Patientsââ¬â¢ Time; Right to the Observance of Quality Standards; Right to Safety; Right to Avoid Unnecessary Suffering and Pain; Right to Complain; and Right to Compensation; Right to Preventive Measures; Right of Access; Right to Innovation and Right to Avoid Unnecessary Suffering and Pain) have not been adequately secured by the law, especially rights breached through malpractice and negligence by the medical vocation and the main reason being the inability of the aggrieved patients to file ââ¬ËSuit for the Recovery of Damages etc.ââ¬â¢ in court of law under tort being incognizance about these rights that have not been legislated and are predicated on the unwritten common law. We overviewed the domestic legislation about the patientsââ¬â¢ rights that enabled us to point out gaps and deficiencies in the domestic legislation in the cannon of patientsââ¬â¢ rights which are being violated by healthcare providers. This work will enable the legislators in ameliorating the quality of life of patients. The rectification if only possible if special legislation is made keeping in view the deficiencies, gaps and lapses in the domestic legislation. Thus, bringing the gaps and ambiguities, subsisting in the domestic legislation, in the lime light is additionally desideratum of hour if this country is solemnly wishes to amend the quality of human rights bulwark in patients care in Pakistan. Due to absence of any statutory legal framework the healthcare providerââ¬â¢s elaborate their own code, charter, code, rules and regulation with immunity or case law. While recognizing not only that doctors owe a fundamental duty of care to their patients but also that there is need to reform the present legal framework of the profession, it is essential to ensure that the focus of all reform is on distinguishing those doctors that act in good faith and to the best of their ability from those that are negligent, rash or reckless and on punishing only the latter with appropriate and objective severity. A solution lacking this balance will drive out any good doctors that may still remain in the country and leave the field open to their less vigilant peers to play with the lives of patients according to their whims. The Proposed Title of legislation: (Special Code for Healthcare) Therefore, to avoid legal conflicts, gaps, duplications, technical flaws, and vague norms found in current health care legislation discussed in the ââ¬Ëprompt actionââ¬â¢ domain of issues, unification, and codification of healthcare laws is desirable. Owing to significant influence from the continental legal system on patientsââ¬â¢ rights the Pakistani legal system offers an opportunity for such unification by the creation of what might be titled the ââ¬ËSpecial Code of Healthcare.ââ¬â¢ This approach can eliminate the need for different definitions for identical or similar terms and concepts, and would help to avoid conflicts, inconsistencies, and other gaps currently found both in terms of legal procedure and content due to which the patients in Pakistan are enormously being violated without halt. Therefore, making bases to this study, a package of legislative amendments was presented to the ministry of labor, health, and soon the Ministry will review the suggested amendments and orchestrating to issue orders to fine-tune deficiencies in the countryââ¬â¢s health care legislation. The study has additionally accommodated as a reference guide for the Ministryââ¬â¢s legislative work, whose deliberations in this realm are underway, therefore, legislation to rectify the deficiencies, imperfections, gaps and lapses in the domestic legislation can be ascertained in two parts: PART-I Based on these findings, a number of recommendations follow and the problematic issues fall into three steps: Prompt Action Here we deal with technical legal flaws i.e. definitions of Right to Information; Right to Consent; Right to Free Choice; Right to Privacy and Confidentiality; Right to Respect of Patientsââ¬â¢ Time; Right to the Observance of Quality Standards; Right to Safety; Right to Avoid unnecessary Suffering and Pain; Right to Complain; and Right to Compensation, ââ¬Ëinformed consentââ¬â¢, ââ¬Ëthe rights of a patientââ¬â¢s relativeââ¬â¢, and ââ¬Ëimplied consentââ¬â¢ can be categorized as prompt action to act forthwith and without delay. Such problems do not need additional discussions about healthcare policy and for determining the rights we have discussed at length are supposed to be made available to all patients for which the recommendations offered are sufficient and adequate in order to make special legislation for administration of justice efficiently through setting up special courts and tribunals throughout Pakistan giving relief to aggrieved patients within the period of six months. As special baking, antiterrorist, consumers, labors etc courts are already set up in Pakistan in the interest of public. The patient relative should establish the priority ordering of ascending and descending relatives, or at least adopt the procedural framework established by Muhamdan laws determining different stages of heir: stage-1, (decedentââ¬â¢s children, spouse and parents, grandchildren, great grandchildren and great-great grandchildren), stage-2 (siblings of the decedent; nieces and nephews and their children) and stag-3 (grandparents; great grandparents), 4th class (uncles and aunts), 5th class (first cousins; their children). The ambiguity and vagueness of the terms and rights of Patients could be addressed by eliminating the word ââ¬Å"etc.â⬠or any other word creating doubts while interpreting it. Therefore, the new proposed legislation must ensure by clearly defining the terms ââ¬Ëimplied consentââ¬â¢ by providing an exhaustive list of the situations and legal triggers when implied consent can be invoked. As for as, the term medical malpractice is concerned the issue of unacceptably restrictive scope could be resolved by using the term ââ¬Å"healthcare providerâ⬠instead of ââ¬Å"physician etcâ⬠in defining the term ââ¬Å"medical malpracticeâ⬠because ââ¬Å"healthcare providerâ⬠extends liability to other individuals and institutional entities involved in the provision of healthcare. To resolve the ambiguities, the legal definition of medical malpractice could be formulated as follows: ââ¬Å"Medical malpractice shall be an unlawful action or act of omission of a healthcare provider, which has resulted in a patientââ¬â¢s death or disorganization of health, or has inflicted moral and/or material damage to a patient.â⬠Likewise, in the realm of confidentiality, the proposed special law should be prepared so that a patientââ¬â¢s information be made available to third parties, including investigative bodies subject to provision of a court order. The proposed law must also specify when it is justified to disclose patient information for forensic medical examination purposes and either a court order or the consent of the patient or his or her legal representative must be required for disclosing the information. The proposed law on the Rights of Patients must expand the characterization of cases when information should be provided to next of kin or guardians of incapacitated individuals and it should also specify that patients possess the right to receive any other medical information related to their medical histories, treatment procedures, and personal identity. The obligations of medical professionals and institutions to provide information in such cases must be clearly delineated. Public Policy There is a rather large group of issues where legislative action can be taken only after choices and priorities are first determined in public policy arena and the issues falling under this category, recommendations of technical legal analysis are not sufficient for remedial legal framework; however, these findings do help flag legislative norms that must be fleshed out or otherwise amended. These ââ¬Ëpublic policyââ¬â¢ issues include the scope, limit and circumstance under which ââ¬Ëmedical malpracticeââ¬â¢, ââ¬Ëconfidentiality of informationââ¬â¢, and ââ¬Ëpatientsââ¬â¢ right to information etc can be determined. The situation is more complex regarding the issues in this domain, as decisions need to be made in the public policy area first and only then can these decisions be reflected in legislative reforms. Furthermore, ambiguities and controversies in the healthcare policy arena need to be resolved and priorities defined before legislative action. Deliberation Extensively Required The thesis has identified several topics i.e. as patient safety, rights of healthcare providers etc with respect to which there is neither any legislation nor there is any clear approach in the domestic legislative canon in Pakistan which requires conceptual consideration and synthesis of approaches. Only then, after those policy decisions have been made it will be possible to bring the legal framework into compliance with the requirements of a healthcare system emphasizing human rights in patient care. Hence, with regard to the issues in ââ¬Ëdeliberation extensively requiredââ¬â¢ as compared to the other categories, there is a longer road ahead before legislative amendments can be made to effectively address these issues. In the area of patient safety, Pakistan first needs to formulate a state policy on the topic and then bring the legislation into compliance with such policy. The work determines different stages of heirs mentioned above. The approach towards this issue should include at least two areas: regulation and implementation. For regulation, legislation needs to be improved with respect to patient rights and patient safety. For implementation, the competent and impartial authorized agency or authority be established to determine policy and safety standards etc at national level for enforcing these concepts in true letter and spirit. In addition, it is necessary to implement projects and activities aimed at eliminating specific risks that pose a danger to patient and provider occupational safety. To accomplish needed progress in the rights of healthcare providers, we recommend that a special section in the healthcare legislation of Pakistan be dedicated to regulating and guaranteeing the rights of healthcare providers as well. At least, legislative amendments must cover issues such as contractual rights of healthcare providers and protections covering faith and religion because here in Pakistan a general tradition is that people attribute any calamity or loss during the process of medical treatment as ââ¬ËAct of God or destinationââ¬â¢. Part-II PM DC Reformation The role of the council is replete with criticism because of multiple reasons which we have already discussed earlier. Therefore, at this stage the following suggestions are given: The Council must function under strict check and balance system empowering and authorizing the same to reevaluate the registration, performance, terms and conditions of licenses of the healthcare professionals on annual basis by making required amendments and alteration in section 31 of the PM DC Ordinance, 1962 which empowers the council to cancel the registration of a negligent doctor, reads as, ââ¬Å"The council (PM DC) in its discretion may refuse to permit the registration of any person or direct the removal altogether, for a specified period, of the name of any registered medical practitioner or dentist who has been convicted of any such offence; has been held by the council guilty of infamous conduct in any professional respect or who has shown himself to be unfit to continue in practice on account of ill mental health or other grounds.â⬠Secondly, through a cumbersome procedure a complaint is supposed to filed by the aggrieved patient before the registrar or the legal head of the PM DC or the president regarding any negligence of doctors [1] but what would be the outcome or timeframe of such hectic procedure strictly followed by the aggrieved patient regarding the injury or loss he suffered through medical malpractice? Law is silent. Weather this council is authorized to take action against any private hospital? The ordinance is also silent about this as well. Here, on this point again the PM DC laws are completely silent which calls for overall reform of the Pakistan Medical Dental Council Ordinance, 1962 in line with international standards where many countries tried to reduce the risk of malpractice which cannot be eliminated 100% because the risk of mistakes and errors of judgment will always be there even if factors like self-interest are removed completely but in some hospital strict standard operating procedures that are checked and evaluated by third parties like, professional bodies of doctors, medical staff, state authorities and insurance companies. Since its establishments, the Council is being run and administered by medical practitioners for personal gains or joins the executive body as tool to run their private medical entities, units or set up and not for the benefit of the profession, the patients to diligently improving the standard of medical education, training and licensing and likewise, the body has almost no power to restore the license of a medical practitioner once it has been revoke. The basic and derived patientsââ¬â¢ right (non-enforceable rights) also called ethical codes be incorporated along with the basic rights. The critics, objects this point because of its nonbinding character as these ethical codes have no statutory base, therefore, cannot be legally enforced. Voluntarily and non-enforceable basis of non-statutory code has drawbacks which could only be avoided through legislation. Part-III Amendments in PPC More so, a remedy through courts is always there but it adds more salt to the wound of aggrieved patients who is already suffered facing the prospect of losing a limb or his life. Therefore, the penalties for medical malpractice or negligence be introduced to prevent negligence from occurring if healthcare intentionally does anything with actus rea and mins rea the concerned be booked under penal code as well and all those laws giving them immunity be repealed. The quackery canââ¬â¢t be eliminated from our society unless with this regards some amendments are not introduced in PPC. S. (XXIX) of The Punjab Healthcare Commission Act, 2010 defines ââ¬Å"quackâ⬠a pretender providing health services without having registration of the Medical and Dental Council, Council for Tibb, Council for Homeopathy and Nursing Council and saved its skin from criminal jurisdiction. Section 40 PPC defines word a thing made punishable by PPC, and further defines in section 44 word injury as any harm illegally caused to any person, in body, mind, reputation or property and section 416 personation, a person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is while section 419 deals with Punishment for cheating by personation: Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Unfortunately, quackery can be made an offence by making a slight amendment in PPC in the sections mentioned above but domestic trends protect this menace under the garb of technicalities. The question arises why so far against quackery none has been booked under penal code? Part-IV Miscellaneous Steps Awareness through electronic and print media: Average patients donââ¬â¢t know about their rights exactly what kind of service or limitations of their expectations. Separate Road Track for Emergency Services National Highway Authority must ensure that a separate track is lying on all roads for emergency. At government level, the general public be trained through celebrating ambulance week periodically for educating the masses about handling the emergency situation. Rules for Prescription Format The researcher as precautionary measures suggest that there must be a prescribed format for prescription and overleaf written all the basic rights and remedies of patients, with mandatory additional note:- I have diagnosed on ___________the Day of __________and fully understood the nature of the ailment of Mr / Ms. /____________________ and I feel fully competent to deal with the nature of ailment, hence, donââ¬â¢t refer to any other specialist doctor. The rules for prescription must be modernized through review keeping in view the Article 11 of the EU Directive on Patients Rights Rules for Pharmacies At national level all drugs and medicines classified as either the ââ¬ËOver the Counter Drugsââ¬â¢ or ââ¬ËPrescription only Drugsââ¬â¢; the prescribed drugs must only be sold by the pharmacies on the prescription of registered medical practices by PM DC. Social Security Framework: Can we replace tort compensation with a social security framework that serves victims patients like in 1972, New Zealand introduced the first ââ¬ËUniversal No-Fault Insurance Schemeââ¬â¢ that provide compensation by the government-run Accident Compensation Corporation irrespective of negligence or malpractice whose goal may be to achieve equality of compensation and reducing different costs of litigation. In the 1970s, Australia and the United Kingdom drew up proposals for similar no-fault schemes but they were later abandoned but in Pakistan with certain amendments in this sector the goals can be achieved. [1] www.dawn.com/news/711896/cases-of-medical-negligence-on-the-rise-2, browsed on 12-4-2014
Wednesday, November 13, 2019
Essay --
Financial support of minors Parents have an obligation to provide for their children. Children below the age of eighteen years are minors; hence, parents and guardians have the primary liability to support their children. It is their moral obligation to provide for their children as well as their mandate as the law stipulates. Parents are expected to provide common basic needs to the best of their ability. The general obligation of a parent is to provide love, affection, education, food, clothes and proper medical care. Minors on their part are supposed to respect their parents or guardians and utilize the opportunity they are given. For example, the opportunities to go to school, where they are expected to attend all classes and pass exams. When minors leave their parentsââ¬â¢ home on their own accord, there is little probability that court will force their parents to support them financially. If the minors leave their parentsââ¬â¢ home as a result of the influence of other people or failure to abide b y the rule stipulated by their family, then parents do not have any financial liabil...
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