The History Of Legal Aid Law Essay - Free Essay Example

Sample details Pages: 15 Words: 4424 Downloads: 1 Date added: 2017/06/26 Category History Essay Type Research paper Did you like this example? The earliest Legal Aid movement was started in the year 1851 when there was an enactment introduced in France for providing legal assistance to the indigent. In Britain the effort of the state to provide legal services to the poor and needy goes back to 1944, when lord chancellor, Viscount Simon appointed the Rushcliffe Committee headed by Lord Rushcliffe to enquire about the existing facilities in England and Wales for giving legal aid advice to the poor.  [1]  This committee also made the desirable recommendations ensuring that the persons in need of the legal advice are provided the same by the state. The recommendations of the Rushcliffe Committee were submitted to British Parliament, which resulted in the enactment of Legal Aid and Advice Act, 1949. Don’t waste time! Our writers will create an original "The History Of Legal Aid Law Essay" essay for you Create order In 1945, the Rushcliffe Committee report was brought to the attention of the Government of India. The credit for drawing the attention of the government of India to this important question goes to the Bombay Legal Aid Society who invited the attention of the Government of India to the report of the Rushcliffe Committee. The Bombay Legal Aid Society in their letter  [2]  suggested the appointment of a similar committee in India to examine the problem of Legal Aid. In 1946, the provincial government was of the opinion that the provisions for the grant of legal aid in civil cases were sufficient but the same for the criminal cases needed to be liberalized. After the correspondence between the Government of India and the Provincial Government the resolution was passed in the Bombay Legislative Council and the Bombay State Assembly. The Government of Bombay appointed a committee under the Chairmanship of Mr. Justice NH Bhagwati  [3]  to consider the question of grant of legal aid in civil and criminal proceedings to poor persons, persons of limited means and the persons of backward classes to make justice easily accessible to these persons. The committee threw responsibility on State to provide free legal aid for those who could not have access to the Courts of Law due to scarcity of means and guidance. The committee also recommended a four-tier  [4]  machinery for giving legal aid. These recommendations could not be implemented. In the same year (1949), the Government of West Bengal also set up a committee on Legal Aid and Legal Advice under the chairmanship of Sir Arthur Trevor Harries  [5]  . The committee recommended to give legal assistance to the poor. The report of the committee could not be implemented due to lack of requisite funds. Since 1952, the Government of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. The first law commission, 1958 in its fourteen th report  [6]  presented a detailed thought of legal aid with a strong plea to implement the Bhagwati and Harries reports. The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society, then they have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice.  Ã‚  [7] In 1960, the union government prepared an outline for legal aid scheme and forwarded it to various legal aid organisations and States for their comments. The state government in a conference of the State Law Ministers expressed their inability to allocate funds for the purpose of the legal aid schemes. The Third All India Lawyers conference in 1962, further considered the question of legal aid. It was suggested that legal aid was an obligation of both State and Central Government and for this purpose they should provide funds. In 1970, the National Conference was convened in New Delhhi on Legal Aid and Legal Advice. This conference emphasised that it was constitutional obligation of the state to make provision for Legal Aid to the weaker sections having no means. Justice P.N Bhagwati  [8]  was the chairman of the Legal Aid Committee which was appointed by the Government of Gujarat for the first time for suggesting ways and means of providing free legal aid and advice to the poor and weaker section of the community. The aim of the committee was to make recommendations so as to render legal advice more easily available and to make justice more easily accessible to such persons, including recommendations on the question of encouragements and financial assistance to institutions engaged in the work of such legal aid  [9]  . P.N Bhagwati observed even while retaining the adversary system, some changes may be effected whereby the judge is g iven a greater participatory role in the trail so as to place poor, as far as possible, on a footing of equality with the rich in the administration of justice.  [10] The focus of the committee was the indigent person seeking to access justice. The report stated that there can be no rule of law unless the common man irrespective of the fact whether he is rich or poor is able to claim and justify to the rights given to him by the law. The machinery of law should be readily accessible to all. The poor must be placed in the same position as the rich by means of adequate legal service programme. It stated that the inequality between the rich and the poor in administration of the justice can be removed by establishing and developing effective system of the legal aid programme. Legal aid and advice should be regarded not as a matter of charity or bounty but as a matter of right.  [11] The judicial attitude towards legal aid was not very progressive. In Janardhan Reddy v. State o f Hyderabad  [12]  and Tara Singh v. State of Punjab  [13]  , the court, while taking a very restrictive interpretation of statutory provisions giving a person the right to lawyer, opined that this was, a privilege given to accused and it is his duty to ask for a lawyer if he wants to engage one or get his relations to engage one for him. The only duty cast on the Magistrate is to afford him the necessary opportunity (to do so). Even in capital punishment cases the early Supreme Court seemed relentless when it declared that it cannot be laid down in every capital case where the accused is unrepresented the trial is vitiated. To revive the programme, the Government of India formed an Expert committee for Legal Aid in 1972, under the chairmanship of Justice Krishna Iyer  [14]  . The committee submitted a report in 1973 on Legal Aid known as the Processionals Justice to Poor  [15]  . This report came to mark the cornerstone of Legal Aid Development in India. The repo rt  dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The report clearly laid down that it is an obligation of the State to ensure that the legal system becomes an effective tool in helping secure the ends of social justice.  [16] Justice Krishna Iyer rightly observed that, Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously.  [17]  Ãƒâ€šÃ‚  He even said that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they together work towards restoring the faith of the poor man in the legal system by providing him with adequate legal assistance. Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. He also said that poverty is a creation of unjust institutions and unjust society. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind. He realised the fact that though the system had been flagged off under the term  We the people of India  it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties The expert committee appointed under the chairmanship of justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. A national legal service authority accountable to the parliament but protected from official control was recomme nded. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy which was not to be dependent on financial consideration Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14  [18]  and 22(1)  [19]  . Further the report sta ted that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socio-economic conditions prevailing in advanced countries and those prevailing in developing countries like India. It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor. The two judges joined forces as a two-member committee on juridicare, released its final report entitled Report on National Juridicare: equal justice- social justice, 1977 hereinafter, referred to as the 1977 report  [20]  . The report while emphasising the need for a new philosophy of legal service programme c autioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation. It recognises the fact that much of our law was created by the British to suit their convenience and as a result of this it is mostly insensitive to the socio-economic problems of the masses it set out to govern and regulate. This report  [21]  also made an effort to classify those categories of persons who are most in need of legal aid are as follows- Those persons belonging to the Scheduled Castes or Scheduled Tribes Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice The poor in general The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived. Those soldiers and armed forces personnel Women and children who are deprived social justice on grounds of biological infirmity. Untouchables or those who are referred to as Harijans and who even after abolition of Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community. One of the purpose for setting up the committee was that the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis. The terms of reference of the Juridicare committee included making recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measure s taken or to be taken by the government including formulation of scheme (s) for legal services. The 1977 report focused on the infrastructure of the legal services of the organization and clearly stated that it was not to be a department of the government but an autonomous institution headed by the Judge of the Supreme Court. The body would have representations from Bar Associations, the Government, the Parliament and the judiciary as well as voluntary associations and social workers and that there would be a multi tier set up for the legal aid organization. The 1977 report was an amalgamation of the 1971 Gujarat report and the 1973 report but absence of certain aspects of the legal services was noticeable. For instance, both the 1971 Report and the 1973 report dealt with the issues arising from the criminal justice separately. Hence it may be stated that except saying that it was continuation of the earlier reports, the 1977 Report made no reference to these aspects. The continuation with the earlier reports was also evident in the reiteration by the 1977 Report of the failures of the traditional legal services programme. The goals of the preventive legal services programme, advocated forcefully by the 1971 Report were recapuliated in this report, it stated that while the endeavor would be to launch a frontal attack on the problem of the poverty, the legal service programme would have to be directed towards providing representation to groups of social and economic protestand  must encourage group oriented and institution directed approach to the problem of poverty. The other goals that were reiterated were: the programme should not identify lawyers with the law but should even pose them against law, wherever law is the reflection of an unjust social order, it had to recognize the inter relatedness of social, legal, educational and psychological problems which beset the poor; the content of the legal services programme was to include spread ing of awareness amongst the poor about their rights, tackling the class problems of the poor, initiating socio-legal research into the problems with a view to bringing about reform in law and administration and helping different groups of the poor to organize themselves.  [22] The 1977 report envisaged several modes of delivery of legal services. The primary mode would be the providing of legal advice through various legal aid offices having both salaried lawyers and assigned lawyers. A whole Chapter was devoted to PIL: and legal aid. It was suggested that the Advocates Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for this identified sources such as court fees collected from the litigants, legal aid steps, levy of special cess, donations and many more for the purpose of funding the legal aid programme and so on. Though t he ideas as laid down by the Report was revolutionary but not much that was mentioned in the report was implemented as the government that had appointed the Juridicare committee was not in power when the 1977 report was submitted. The 1977 report remained on the shelf along with it the National legal Services Bill. Though the congress was voted back to power in 1980 but it was too enthusiastic about the 1977 Report. A committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Justice Bhagwati  [23]  . This committee came to be known as CILAS  [24]  and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. In 1987, the Legal Services Authorities Act was enacted, thus crys tallising a uniform statutory base for the concept of legal aid throughout the country. Constitutional and Statutory Provisions on Legal Aid Supreme Court on Legal Aid The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar  [25]  where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of reasonable, fair and just procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared: Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accuse d, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality. Further in the case of Hussainara Khatoon Ors. (V) v. Home Secretary, State of Bihar  [26 In the case of  Khatri Ors. (II) v. State of Bihar Ors  [27] It held that the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional ma ndate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal aid at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided b y the State. Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of.  Every individual of the society are entitled as a matter of prerogative. He repeated in  Suk Das v. Union Territory of Arunachal Pradesh  [28]  Ãƒâ€šÃ‚  and said   It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21. Justice Krishna Iyer in  M.H. Hoskot v. State of Maharashtra  Ã‚  [29]  , declared If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice. Justice Bhagwati in the case of Kara Aphasia v. State of Bihar  [30]  where the petitioners were young boys of 12-13 years when arrested, and were still languishing in jail for over 8 years. They also alleged to have been ke pt in leg irons and forced to do work outside the jail, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. In Centre for  Legal Research Anr. v. State of Kerala  [31]  Ãƒâ€šÃ‚  , Chief Justice Bhagwati took a step further and laid down norms or guide-lines laid down for State to follow in giving support and cooperation to voluntary organizations and social action groups in operating legal aid programmers and organizing legal aid camps and lok adalats or niti melas. While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to whether voluntary organizations or social action groups engaged in the legal aid programmed should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succ eed it must involve public participation. The State Government undoubtedly has an obligation under Article 39-A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operations remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as participants in it. If we want to secure peoples participation and invo lvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organizations and social action groups. These organizations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme camps, encouragement of public interest litigation and holding of lok adalats or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistanc e of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is also necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organizations and social action groups in operating legal aid programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39-A of the Constitution extend its cooperation and support to the following categories of voluntary organizations and social action groups in running the legal aid programme and organizing legal aid camps and lok adalats or niti melas. In  Indira Gand hi v. Raj Narain  [32]  Ãƒâ€šÃ‚  the Court said: Rule of Law is basic structure of constitution of india. Every individual is guaranteed Rule Of Law is basic structure of constitution of India. Every individual is guaranteed the rights given to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated.

Oil Drilling Regulations British Petroleum - 1461 Words

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The companies have to inspect the land and determine what material is being drilled. (University of Colorado). The regulation issuance of leases gives terms and conditions that the Bureau of Land Management (BLM) can grant leases. The issuance of an oil lease must be done under oath by an applicant, agent, attorney, or an officer or agent of the company, if the lease is made by a company. That way they are not drilling illegally. For the onshore oil and gas order approval of operations the companies need requirements forShow MoreRelatedBp Oil Spill Globalization1062 Words   |  5 PagesThe 20th of April 2010 will be marked as the worst day in British Petroleum PLC’s history, the day that there was an explosion on the Deepwater Horizon drilling rig whilst drilling in the Gulf of Mexico, killing 11 people and causing devastation to all the surrounding areas. The events of this day affected the global markets and relationships between countries substantially.  ¹Daniels et al. 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Treatment of Essential Dystonic and Parkinsonian Tremor - Samples

Question: Discuss about the Treatment of Essential, Dystonic and Parkinsonian Tremor. Answer: Significance of the study: The term tremor can be described as the uncontrolled rhythmic movement of the limbs or any part of the body. It has been estimated that, there are more than 100 million patients worldwide who suffers from tremor (Baumann 2012). The disease can be evidently seen among the older individuals who often suffer from many motor symptom disorders such as Parkinsons disease, Alzheimers and Huntingtons disease. Many individual of young age can also suffer from tremor due to many reasons such as psychological trauma, tension, depression and anxiety (Gallego et al 2013). Apart from the neurological disorders, tremor can also happen due to thyroid disorders, stroke, multiple sclerosis, substance abuse, mercury poisoning and anxiety. Research strategy: Many keywords such as tremor, Parkinsons disease, psychogenic tremor, task specific tremor, beta-blocking drugs, dystonic tremor, physiologic tremor, psychogenic tremor, cerebeller tremor and essential tremor have been used to search some online database such as CINAHL, Cochrane, Medline and Scholarly. Searching all these sites was helpful as it presented more than 800 articles regarding tremor to access. All the relevant materials are accessed and three articles from the database were chosen based on the relevance. These articles are Treatment of essential tremor: a systematic review of evidence and recommendations from the Italian Movement Disorders Association (Article 1), The treatment of dystonic tremor: a systematic review (Article -2), and Beta- Blocker therapy for tremor in Parkinsons disease ( Article 3) respectively. Brief description: All three articles has discussed about the types of tremor and broadly described about different aspects of the treatment of tremor. From these articles, this is evident that there are varieties of treatment options for tremor. Beta-blockers are used to treat essential tremor and anxiety related tremors. All three of the articles discuses the use of Beta-blocker as the treatment of tremor caused by Parkinsons disease. These articles also discuss using other drugs such as anticholinergies, primidone, tetrabenazine and clonazepam as the treatment of dystonic tremor (Kim et al 2014). All these studies compare the efficacy and safety of the drugs used for the treatment of tremor. Results of these studies have been found after experimenting with very small number of population, so it is difficult to make a conclusion. The quality of evidence of these drugs with respect to the controlled study with placebo was found to be very low to moderate. Definition of key terms: Tremor: Tremor can be defined as oscillatory, uncontrolled rhythmical movement of any body part such as limbs. The involuntary contracting movement of the innervated muscles causes tremor. Many types of tremors can be identified by using many parameters such as location, frequency and rthythmicity. Physiologic tremor: This is one of the kinetic action tremors, which happens to the normal individuals. This can be seen to the individuals suffering from physical exhaustion or is experiencing strong psychological emotion such as anxiety and withdrawal symptoms. Psychogenic tremor: It can happen to any condition, at rest or in kinetic movement. This type of tremor onsets and stops suddenly. This generally happens due to the occurrence of stress and suddenly relapses when the patient is distracted from the stress. Dystonic tremor: This type of tremor can be seen in individuals of every age affected with dystonia ( a disease in which the muscles of the body twitches and twirls repetitively). Dystonic tremor may affect any of the body muscles and causes painful postures (Fasano, Bove and Lang 2013). Essential tremor: This is the most common part of tremor, which can be seen in normal individuals. This tremor is commonly non-progressive but it might be progressive for some people (Song et al, 2015). This type of tremor is most commonly seen in the hands, but it can affect the other body parts such as tongue, legs and voice and head. Severity of this type of tremor essentially increases with the age of the person experiencing this. Parkinsons disease: Parkinsons disease is one of the most common degenerative disorders, which can be seen in the elderly. The central nervous system of the body gradually degenerates along with the age of the person and affects the central nervous system of the body (Jimnez, and Vingerhoets 2012). Resting tremor is often a precursor of Parkinsons disease. Beta-Blocking drugs: These are a class of drugs, which blocks many beta- adrenergic substances such as epinephrine and nor-epinephrine. The main principle of action of the Beta-blockers is the action of the sympathetic nerves of the body (Crosby,Deane and Clarke 2003). As beta-blockers relieves the stress of the heart, it commonly used as the treatment of trachycardia and bradycardia. Critical review of evidence: The article assesses the current state of knowledge of ET therapy. To assess it correctly, the authors categorized all the studies they found into many categories according to the GRADE evidence. The GRADE evidence is used to grade the evidence quality and strength (Louis 2012). The study exclusively included the patients suffering from essential tremors (Patients with Parkinsonian tremor, dystonic tremor and other tremors were exclusively excluded from the study). The article successfully assesses the effects of drugs such as beta-blockers, botulinas toxins, calcium-channel blockers, dopamine agonists and antidepressants and many more drugs on these chosen patients suffering from essential tremor. Randomized control trial methodology was performed on the patients and the data were recorded in the hoc-created collecting form which as described in the Cochranes reviewers handbook. The authors of the article categorized the results into four categories- very low, low, moderate and high according to GRADE (Zesiewicz et al 2010). Efficacy, safety and recommendation of every drugs used in this article was vastly discussed in this article. The research methodology and findings used in this study is relatively accurate. The article is a systematic review, which includes a total number of 43 studies which includes a total of 487 patients with the problem of dystonic tremor and primary writing tremor has been included. The authors of this article could not find the studies with Meta analysis of randomized control trial (Fasano, Bove and Lang 2013). Therefore, they included all the relevant available studies to review. The authors also considered only those cases of tremors, which are confined in just one region of the body. The article reviews many cases in which various combinations of drugs were used, such as Beta-blockers, baclofen, carbamazepine, fluvoxamine and sulpriride. The study discusses the effects of drugs on the patients with dystonia but as no studies with random control trials were used in this study, the interpretation remains incomplete. Mainly, the tremor in Parkinsons disease happens when the person is resting and mainly starts when the person is under stress (Noyce et al 2012). There are many anti-parkinsonian drugs such as levodopa which mainly affects the bradykinesia, rather than helping with the tremors. Beta- blockers are mainly used as the treatment of the tremors related to anxiety and thyroid toxicity along with essential tremors. This article included all studies with randomized controlled trial for beta- blocker therapy and for the placebo patients (Crosby,Deane and Clarke 2003). The study tries to review the safety and efficacy of the beta-blockers as the treatment drug of Parkinsons. The study includes all the patients with idiopathic Parkinsons in two groups, one group included 72 patients who received placebo drugs and the other group was receiving Beta-blockers as drugs. The study used many cross-over trials for the beta-controlled drug (Zappia et al 2013). The study only used a very small number of patients for the trial and the effects of the drugs in comparison with the placebo drugs were low to moderate. Very small number of patients who reported the effect of the beta- control drugs as effective. Identification of strength and limitation of evidence: Strengths: The article has taken a vast number of studies, patients and drugs for the study and has used many randomized control trials for interpreting the results. They have also used the GRADE method to categorize the safety and efficacy of the drugs used for the randomized control trial. The research of this study is well designed( Thenganatt and Jankovic 2014). The studies were designed to obtain data on which the people can rely on. The study describes which drug should be used as the first line treatment and second line treatment for the management of essential tremors. The whole article is well-defined and complete. Limitations: Many additional controls were needed for defining the other possible treatments for the management of Essential Tremor. Strengths: The study discusses many aspects of the treatment of dystonic tremor on a significant number of studies with significant number of patients. The whole finding of the study is well written and the use of the graphs were relevant. Limitations: The main limitation of the study is the lack of the studies with randomized controlled trial. The study only considers those patients suffering from tremor in only one region. The study also excludes the patients who are on combination treatment (Fasano, Bove and Lang 2013). The results on the effects of many drugs such as carbazepine, fluvomaxine, acetazolamine, amitriptyline, baclofen and sulpriride was not very good, so the authors of the paper could not draw any conclusion on this study (Zappia et al 2013). Strengths: The study were based on the randomized controlled trial over the use of the combination of Beta blocker drugs which were compared with placebo drugs placed on the people suffering from Parkinsons (Yu et al 2012). Limitations: The number of the patients used was too small to interpret a result. In addition, no significant results were found. Identification of the relevance, impacts and gaps of the findings: The study is one of the most relevant studies one can found on the treatment of Essential tremor. The study successfully interprets the drugs, which can be used as the first line and second line therapy for Parkinsons (Louis et al 2012). The study is also skillfully determines the safety and efficacy of drugs such as Primidone and propranolol (PRP). The impact of this study over the etratment of Essential tremor would be huge as the physicians could rely only on these kinds of work. The only gap of the finding is that the effects of the drugs were only low to moderate. The study could not find any drug, which can definitely be used as the effective treatment for tremor. The article is not very relevant and is not able give a significant impact on the other studies. There was no study available with randomized control trial and they just included studies with limited result. The authors even excluded many results as it was scattered. The article is also lacks relevancy as there they used very limited number of people to conduct their study and it is not expected to have a correctly interpretive result from such a small study. The main gap of the study is also the usage of the small number of people (Zappia et al 2013). Discussion- shakiness: is there a cure? As discussed in Article 1, drugs such as Primidone, and propranolol (PRP) can be used as the first line therapy to treat essential tremor, though it cannot be used on to the people with young and old age. Drugs like artinolol and sotalol can be used as the second linen treatment for essential tremor. Beta blockers could be used as the first line treatment only in people with definite Essential Tremor. Article 2 discusses the combined effect of surgery and drug such as VIM-DBS (Ventralis Intermedious Nuclei- Different Brain Nuclei) and GPi (Schneider and Deuschl 2014) (Yamamoto et al 2013). The study discusses that the subthalamic area of the brain should be considered for stimulation. According to article 3, all the reporting which includes the adverse report of treatment were reported very poorly, but the use of Beta blockers in the patients leaves some concerns about the efficacy of beta blockers because of the report of the frequency of heart rate decrease. Conclusion: After reviewing the three articles, it can be concluded that, there are not many treatments available for tremor, which depends on the cause. The treatment of tremor depends on the level of severity and disability experienced by the patients. Moreover, the overall effectiveness of the medicines used for tremor remains moderate to very low and the patients frequently discontinues the treatments. References: Baumann, C.R., 2012. Epidemiology, diagnosis and differential diagnosis in Parkinson's disease tremor.Parkinsonism related disorders,18, pp.S90-S92. Crosby NJ,Deane K,and Clarke CE. 2003 Beta-blocker therapy for tremor in Parkinson's disease.Cochrane Database of Systematic Review (3) pp.1-8 Fasano, A., Bove, F. and Lang, A.E., 2013. The treatment of dystonic tremor: a systematic review.J Neurol Neurosurg Psychiatry, pp.jnnp-2013. Gallego, J.., Rocon, E., Belda-Lois, J.M. and Pons, J.L., 2013. A neuroprosthesis for tremor management through the control of muscle co-contraction.Journal of neuroengineering and rehabilitation,10(1), p.36. Jimnez, M.C. and Vingerhoets, F.J., 2012. Tremor revisited: treatment of PD tremor.Parkinsonism related disorders,18, pp.S93-S95. Kim, S.D., Yiannikas, C., Mahant, N., Vucic, S. and Fung, V.S., 2014. Treatment of proximal upper limb tremor with botulinum toxin therapy.Movement Disorders,29(6), pp.835-838. Louis, E.D., 2012. Treatment of essential tremor: are there issues we are overlooking?.Frontiers in neurology,2, p.91. Louis, E.D., Huey, E.D., Gerbin, M. and Viner, A.S., 2012. Depressive traits in essential tremor: impact on disability, quality of life, and medication adherence.European journal of neurology,19(10), pp.1349-1354. Noyce, A.J., Bestwick, J.P., Silveira?Moriyama, L., Hawkes, C.H., Giovannoni, G., Lees, A.J. and Schrag, A., 2012. Meta?analysis of early nonmotor features and risk factors for Parkinson disease.Annals of neurology,72(6), pp.893-901. Schneider, S.A. and Deuschl, G., 2014. The treatment of tremor.Neurotherapeutics,11(1), pp.128-138. Song, I.U., Ha, S.W., Yang, Y.S. and Chung, Y.A., 2015. Differences in regional glucose metabolism of the brain measured with F-18-FDG-PET in patients with essential tremor according to their response to beta-blockers.Korean journal of radiology,16(5), pp.967-972. Thenganatt, M.A. and Jankovic, J., 2014. Parkinson disease subtypes.JAMA neurology,71(4), pp.499-504. Yamamoto, T., Katayama, Y., Ushiba, J., Yoshino, H., Obuchi, T., Kobayashi, K., Oshima, H. and Fukaya, C., 2013. On?demand control system for deep brain stimulation for treatment of intention tremor.Neuromodulation: Technology at the Neural Interface,16(3), pp.230-235. Yu, X., He, G.R., Sun, L., Lan, X., Shi, L.L., Xuan, Z.H. and Du, G.H., 2012. Assessment of the treatment effect of baicalein on a model of Parkinsonian tremor and elucidation of the mechanism.Life sciences,91(1), pp.5-13. Zappia, M., Albanese, A., Bruno, E., Colosimo, C., Filippini, G., Martinelli, P., Nicoletti, A., Quattrocchi, G. 2013, Italian Movement Disorders Association and Essential Tremor Committee,. Treatment of essential tremor: a systematic review of evidence and recommendations from the Italian Movement Disorders Association.Journal of neurology,260(3), pp.714-740. Zesiewicz, T.A., Chari, A., Jahan, I., Miller, A.M. and Sullivan, K.L., 2010. Overview of essential tremor.Neuropsychiatric disease and treatment,6, p.401.

Critical Summary Monsters Ball Essay Example

Critical Summary: Monsters Ball Essay Critical Summary: Monsters Ball Hollywood movie, Monsters Ball, condemns females into the darkest pit of degradation. It cleverly takes on a noble disguise where it attempts to teach viewers about morality and life lessons; however, it dismisses the issue of equality between gender differences that is yet to be questioned in our societys popular culture. On the glorifying surface, Monsters Ball tells a moving tale of a white, racist man, Hank, who eventually learns to discard his hatred and prejudice for Black people as he finds himself falling in love with a Black woman, Leticia. We will write a custom essay sample on Critical Summary: Monsters Ball specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Critical Summary: Monsters Ball specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Critical Summary: Monsters Ball specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The story revolves around the persistence to overcome the obstacles facing racism while unfolding and discovering redemption through hope and the ability to put ones differences aside. It shows that interracial relationships are possible, and the story ends powerfully with the universal idea that love conquers all the ideology of romantic love in which love is the ultimate solution to all our problems (Storey, 104) when Leticia chooses to stay with Hank. However, one can imagine the rage and shock of feminists and females alike when one unfolds the underlying message of the movie; underneath this oilseed layer of a Journey to discover hope, peace, and love, lies an ugly scheme of stereotyping that focuses heavily on women. Not only does Monsters Ball portray women as weak, passive and lonely souls who thirst for nothing but a mans care and nurture, it heightens the notion that women are forever suppressed and objectified under the power of men. This essay will reveal the ways Monsters Ball stereotypes females, and will analyze the passages Logician Psychoanalysis, Freudian psychoanalysis and Reading Romance from book Cultural Theory and Popular Culture to support the arguments being presented. It has always been a popular belief that women are inferior to men. Through media, literature, and other forms of texts, the representations and practices that construct popular culture have influenced our minds into stereotyping women as sex objects and weak beings who are dependent on men. This idea ties with the notion of Womens pleasure, as introduced by feminist Roseland Coward, where she says that women are involved in an endless cycle of pleasure and guilt The essential attributes of femininity (Coward, 1984). She further states that feminine positions re produced as responses to the pleasures offered to [them] (Coward, 1984) and at many times, these pleasures derive from mens ability to give, thus sustain[inning] male privilege (Coward, 1984). Therefore, without a man, a woman is incomplete. In Monsters Ball, Leticia faces many hardships after the death of her husband. She has difficulty taking care of her son and fails to pay for her house, and eventually becomes homeless until Hank comes along and provides her with shelter under his roof. The notion of romantic love also ties to the fact that it is not a fantasy about covering a uniquely interesting life partner, but a ritual wish to be cared for, loved, times throughout the movie. For example, Leticia tells Hank repeatedly l need you, I need you so much when she makes love to him. The scene displays Leticia as an emotionally-unstable person after the loss of her husband. This idea brings up Tania Modalities claim about romantic fiction, that such mass-produced fantasies [speak to very real problems and tensions in womens lives [through common idea that women are dissatisfied with their lives] (Modifies, 1982). Tension and a sense of anger linger in the air when she screams out to Hank Make me feel good! in a desperate and agonizing tone. The sudden outburst of a need for sexual fulfillment also heightens Leticia weakness. One may interpret Leticia action as a way of fulfilling her lack. In the passage Psychoanalysis of Cultural Theory and Popular Culture, Logician psychoanalysis states that the notion of lack within oneself is an empty place that various attempts at identification try to fill The desire to find that which we lack [in order to find] our selves whole again (Lagan, 1989). In the story, cause Leticia husband is not there to give her love and pleasure, she finds it elsewhere, thus she makes love with Hank. The absence of Hank then will hold Leticia back from being able to fulfill this need; thus refers to the idea that a woman is not able to be complete without a man. Lagan states that the notion of lack is tied to ones existence in nature, where one longs for the once inseparable time from the mothers body. This union with the mother provides an important and symbolic tie and closeness of oneself to the mother. The search to fulfill this lack leads to Freudians ideology of the Oedipus employ, which states that because the child must now resign itself to the fact that it can never have any direct access to He prohibited body of the mother [the child must] move among substitutes for substitutes, metaphors for metaphors, never able to recover the pure self-identity and self-completion (Lagan, 1989), thus causes us to be forever drifting for the search to fulfill this desire of motherly care. In Monsters Ball, Hank searches for this lost maternal care through Leticia. Because Hanks mother dies when he was at a very young age, he lacks the motherly care, and thus is to able to rediscover his self identity. With the existence of Leticia, Hank is able to transfer his lack of care and direct it to Leticia. He learns to care and nurture her, and this sense of maternal care is thus fulfilled from Leticia as a substitute for his mother. This brings up the issue about the position of a female in a mans eye. She is there for him to care for, thus allowing the male to be the dominant one in the relationship. Once again, this shows male superiority over females. It is important to note the change in Hanks personality, which is mostly derived room the Journey as he travels to retrieve the maternal care; he makes do with substitute objects, with which [he] try vainly to plug the gap at the very centre of [his] being (Lagan, 1989). Viewers are able to see this ideology of Oedipus complex growing and transforming as Hank progresses in each stage of life. In the first stage, the mirror stage, the infant forms an identification with the image in the mirror (Lagan, 1989) as he tries to copy his movements and see himself in a more complete self (Lagan, 1989), where the ego of the child begins to form. It is ring this mirror stage that the child tries to identify and recognize itself through the imaginary. In Monsters Ball, Hank grows up seeing Buck as his mirror. Because he lacks motherly care at a young age, Hank looks up to Buck as the only source of mirror, which causes him to grow up to holding Bucks beliefs and values a mirror image of Buck. This changes, however, when Buck enters a new stage of life, of which one calls the Logician Oedipus complex. At this stage, Hank deals with changes as he continues to develop images through his surroundings. When Sonny dies, Hank realizes the importance of Sonny in his life; he realizes his love for his son, and he begins to take in the images of Sonny. He learns to rid his racist views of Black people when he attempts to ask Cooper for help to fix his car. He learns to be caring through the relationship with Leticia. Sexual relationships occur throughout the movie, and they heighten the popular idea that women are looked upon as sex objects to all men. Sonny and Hank have sexual affairs with prostitute Vera. Buck says the line l had more fussy after she (referring to Hanks mother) killed herself. It can be seen that all females in the movie are portrayed under a negative light: they take roles as prostitutes. All the women are unable to handle themselves on their own. And those who are too weak end up committing suicide (Hanks mother and wife). The weakness of women is also portrayed through the relationship within Hanks family. They mention their mothers many times when referring to negativity and comparing the sons under a cynical light. For example, when Hank tells Buck that he quits his Job as a prison guard, Buck is disappointed and tells Hank Mimi reminded e of your mother That woman failed me. Also, Hank says the same line to Sonny when Sonny fails to successfully walk Lawrence Mangrove to his execution. With the constant referral to females involved in their lives, it can be seen that in the eyes of these men, weakness is equated to women. Leticia again shows weakness when she fails to defend herself when Buck humiliates her. As Leticia unwillingly hands Buck the cowboy hat that she had bought for Hank, Buck puts the hat onto his head and humiliates her. He says to Leticia In my time, I had a thing for Amiga Juice too. Although Leticia feels offended and hurt, she holds her tongue and walks off in shame and anger. Weakness is again shown at the end of the movie. Even after Leticia finds out that that Hank has been dishonest with her, she chooses to ignore the issue rather than confronting Hank. Readers may perceive Leticia as being afraid of rejection, with the fear that once she confronts Hank, problems will arise and he will leave her. Thus instead, she drowns down the bitter feeling after having found out that Hank was involved with her husbands execution, and she chooses to accept it and go on with ill be alright, implying the fact that Leticia has nothing to worry about now that she has him by her side to take care of her. Coward develops an interesting ideology about romantic fiction. She says that a romantic fiction must consist of two things: first, they must still satisfy some very definite needs; and second, that they offer evidence of, and contribute to a very powerful and common fantasy (Coward, 1984). Coward explains that these fictions are regressive in two respects: on one hand, the romantic fiction succumb to the power of the male, and two, they are regressive because of the attitude taken to male sexual desire passive and without guilt, as the responsibility for sexual desire is projected on to the male (sexual desire that men have and to which women merely respond) (Coward, 1984). This shows female powerlessness, as portrayed through Leticia character throughout Monsters Ball. For example, Leticia perpetuates her image as a woman in need of Hanks love and care, and her willing response to give to Hank when sexual desire is aroused. Coward explains that romantic fiction is so popular because it restores the childhood world of sexual elations and suppresses criticisms of the inadequacy of men, the suffocation of the family, or the damage inflicted by patriarchal power (Coward, 1984). Monsters Ball holds true of all three conclusions. The story at many times highlights and focuses on the faults and flaws of women: Leticia fails to protect her son who gets hit by a car; Leticia clumsiness that causes her to spill coffee. And even when a man is at fault, (IEEE. Sonny failing at completing the walk to the execution and Hank showing weakness when he quits his Job), Monsters Ball manages to twist the fault around and point it to the females. For example, Hank says to Sonny in response to his failure to walk Mangrove to the execution Mimi are Just like your mother. He compares Sonny to his dead mother who has committed to suicide Janice Roadway adds to Cowards interpretation of a romantic fiction, where Roadway concludes that the ideal romance provides perfect triangular satisfaction: fatherly protection, motherly care, and passionate adult love (Chowder, 1978). She studies a group of women romance readers who say that an ideal romance is of a woman who becomes overwhelmed by difficulties in life, and then finds a man who will be able to are for her and nurture her a fantasy that men can bestow on women the care and attention women are expected regularly to bestow on men (Chowder, 1978). This connects to the need for motherly care, which ties back to Hanks need for motherly care, and he looks for this lack through his relationship with Leticia. Throughout the movie, it can be seen that females play a noticeable role in helping to construct identity within both genders, male and female. With the help of Leticia, Hank is able to recover a bit of the lost maternal care that he lacks as a child, hush developing him into a man who learns to care and love, and who is able to finally rid the racist views he holds against Black people throughout his life. On the other hand, females seem to be regressive in the development of a strong dependent on Hank. Viewers can see the slow but definite regression in the development of a strong identity throughout the course of the movie. At the beginning, Leticia is portrayed as a stable woman when her husband is still alive. Viewers then see how she suffers from longing to be loved and cared for, and thus urns towards Hank for the nurture and protection. Further into the story, viewers then see how Leticia is able to walk out on Hank and refuse to listen to him speak as he rushes to chase her while she drives away from Hanks house. This misleading independence is then wrecked when Leticia accepts Hanks offer to live in his house when she is forced out of her own house because she can no longer pay for the rent. Finally, Leticia shows herself at her weakest when she is unable to confront Hank even when she knows that Hank has been dishonest with her. * Through the delivery and display of numerous media and texts within our society, popular culture has implanted the very idea that women are inferior, useless, and weak when compared to men. Although we live in a society where we struggle to pursue equality amongst men and women, evidence show that difficulty persists, and we must continue to try to break out of this conventional and stereotypical view of women. Works Cited Storey, John (Bibb) Cultural Theory and Popular Culture: A Reader, 4th Eden, Harrow: Pearson Education Coward, Roseland (1984), Female Desire: Womens Sexuality Today, London: Paladin. Lagan, Jacques (1989), Four Fundamental Concepts in Psychoanalysis, New York: Norton.