Wednesday, January 29, 2020
Psychology and Family Law Essay Example for Free
Psychology and Family Law Essay Introduction: The Rise in Divorce Rates.            Rasul began his paper on the economics of child custody with an observation and analysis of the American family. For him, the last thirty years had been witness to dramatic transformations involving the American family (Rasul, 2006, 1).            This dramatic change since the 1970s consists in the composition of American families. Where thirty years ago, more than half of the American families consisted of a father, mother, and child or children, today such composition only forms one in five families (Rasul, 2006, 1).            Such significant change is attributed to one factor alone, which is divorce. Rasul observes that the instances of divorce have risen dramatically over the years, such that it affects more than one million children every year (Rasul, 2006, 1). In the United Kingdom, another industrialized region, forty-one percent of marriages end up in divorce within fourteen years (Lamb, Sternberg, Thompson, 1997, 394).            While divorce rates also increased in industrialized countries other than the United States, and the divorce rates in the United States already reached a plateau, the fact remains that the United States Bureau of Census estimated in 1992 that more than forty percent of first marriages in the country is bound to end in divorce. Moreover, the relative decline in divorce rates is accompanied by an equivalent effect, which is the number of people cohabiting without marriage and nonmarital child bearing. These other arrangements cause the decline in divorce, but end in the same situation of a broken family. (Emery, Sbarra Grover, 2005, 22).            The increase in divorce rates can also be attributed to the certain developments since the 1970s, which include the growing tolerance of society for divorce. Moreover, society is no longer strictly insistent on the maintenance of stereotypical family arrangements (DErrico Elwork, 1991, 104). Changes in Family Law.            As a consequence of these dramatic changes, changes in the field of family law also occur. These changes can be found both in substantive and procedural law (DErrico Elwork, 1991, 104-105).            Substantive law has changed due to observations of the effects of restrictive and punitive laws on divorce. Thus, many jurisdictions already steered away from the rule that one of the spouses must have committed some transgression before they can be granted divorce. Now, the prevalent rule in most jurisdictions is in accordance with the â€Å"no-fault†doctrine. This doctrine allows married couples to file for divorce on the simple ground of â€Å"irreconcilable differences (DErrico Elwork, 1991, 104).†           Another change in substantive law and policy can be found in the gender-neutral stance taken by courts in cases of divorce. The past decades illustrated a bias, manifested in the assumption that mothers have more inherent capability to take care of their children. Today, such an assumption is no longer strongly held. Rather, courts are now showing neutrality in gender and the determination of a family law case now hinges on the consideration of the â€Å"best interests of the child (DErrico Elwork, 1991, 104-105).†           Another change in substantial law and policy is manifested in the observation that there is a growing predilection over self-determined divorce and child custody arrangements. This trend of change is largely attributable to the belief that divorce is a private matter that must be left amongst them to be resolved. This belief is a break away from the previous prevailing thought about the states interest in protecting the sanctity of marriage through the regulation of its dissolution (DErrico Elwork, 1991, 104).            These changes in substantive law on divorce and family law necessarily caused changes in the procedural aspect of the law. Thus, the increased ease by which couples could seek divorce and the option of individualizing post divorce arrangements heavily increased the dockets of courts with divorce cases. This led the courts to encourage divorcing couples to find other alternative means of resolving their issues (DErrico Elwork, 1991, 105).            There are also other factors that make alternative means of resolving family disputes and divorce issues more appealing. The lack of necessity for proving fault in a divorce action removed the need to adjudicate family issues. Moreover, the removal of the presumption in favor of the mothers capability to care for the child involved courts into making a determination about vague issues, such as love and care, which could be difficult to measure in a court setting. These factors all contributed to the growing popularity of other modes of dispute resolution, such as mediation (DErrico Elwork, 1991, 105). Divorce Mediation.            One such alternative mode of dispute resolution recently applied in family law is mediation. Thus, divorce mediation, under which process a neutral third party intervenes to help the couple settle their differences through negotiation, receives the most attention lately (DErrico Elwork, 1991, 105) especially among parents who wish to get divorced (Emery, Sbarra Grover, 2005, 22).            When applied to help couples arrive at self-determined arrangements on matters of divorce and child custody, mediation is believed to cause four benefits, namely, â€Å"(a) more satisfaction with the terms of agreements, (b) greater compliance with agreements, (c) less postdivorce conflict between ex-spouses, and (d) better postdivorce emotional adjustment (DErrico Elwork, 1991, 105).†           Indeed, mediation posed itself as a solution to the ever-increasing rates of divorce in the Untied States, as well as an alternative to ineffective and traditional methods of dispute settlement, such as litigation (Emery, Sbarra Grover, 2005, 22). Mediation is becoming the alternative method of dispute resolution of choice since it provides professional help to divorces, which have a high probability of getting acrimonious. Thus, there are only few couples that could manage to suffer a divorce in amicable terms. In a survey of two California counties, it was found that 24 percent of divorces therein required professional intervention, while 25 percent involved intense conflict (Emery, Sbarra Grover, 2005, 23).            Mediation is also popular among couples seeking divorce because unlike court action or litigation, it has the ability to facilitate administration of justice and reduce cost, specifically in terms of money and time. Moreover, adversary settlement procedures are now believed to cause problems involving post separation family relationships, arising from parental conflict and divorce. (Emery, Sbarra Grover, 2005, 23). Comparison of Divorce Mediation and Adversary Settlement.          It is not uncommon for mediation to get compared from other forms of dispute settlement, such as adversary settlement. In a study conducted by Emery, Sbarra and Grover, a comparison was made between mediation and adversary settlement through random assignment (2005, 25). They randomly approached families that were interested in contested custody hearing and offered them a mediation program as an eleventh hour settlement attempt (Emery, Sbarra Grover, 2005, 25).          This study yielded positive results with respect to the time of settlement of issues. Thus, the authors found that cases assigned to mediation were settled in half the time that settlement using adversary settlement occurred. On the other hand, there are other studies that conclude that mediation is better over adversary settlement in terms of cost, because the former is less expensive than the latter. In addition, it was observed that there is a â€Å"trend for greater compliance with child support orders among nonresidential parents who mediated†(Emery, Sbarra Grover, 2005, 27).          They also observed that there are more families coming from mediation that go back in order to update or change their existing arrangements. The authors view this in a positive light, saying that parenting plans should be viewed as living agreements that must be changed in accordance with corresponding changes in the stakeholders lives. Such changes are best made by going back to the mediation process (Emery, Sbarra Grover, 2005, 27).          In addition, Emery, Sbarra and Grover noticed in the follow-up sessions to their study that most of their subjects who belonged to the mediation group were more open to the idea or suggestion of changing their original agreements. They are also the ones who actually adjusted their arrangements more often than those subjects who belonged to the adversary system (Emery, Sbarra Grover, 2005, 28).          The authors noted that the willingness of the subjects to modify their original arrangements, coupled with the actual facts of modification, is a positive finding. Aside from the fact that the changes had been far from chaotic, they prove that parents who underwent mediation had become more flexible in accommodating changes that are important in the lives of their children and their own (Emery, Sbarra Grover, 2005, 28).          The authors also looked into another factor to compare mediation with the adversary process. This factor is party satisfaction. They noted that each kind of method of dispute settlement has certain strengths. For example, the adversary systems known strength is that it ensures that the rights of both parties are protected. On the other hand, mediation is known for being more understanding of the feelings of the parties involved (Emery, Sbarra Grover, 2005, 28).          However, this main difference, which had looked so glaring before study, disappeared in view of the results that showed that mediation consistently got high rates of party satisfaction over the adversary system, even if the assessment was based on the criterion that is known for being the strength of such system. More importantly, the authors observed that such high rate of party satisfaction remains relatively unchanged among different time durations. Thus, a party may be satisfied with mediation six weeks after mediation, but surprisingly, parties remain satisfied even after a period of more than a year (Emery, Sbarra Grover, 2005, 28). Important Elements of Mediation.          Mediation remains on the top of the list of effective methods of dispute settlement, especially in divorce rates, because it boasts of certain elements that ensure the process’ success. One such element is its capability of enlisting the cooperation of parents in order to take the long view, and consider the best interests of their children in the future (Emery, Sbarra Grover, 2005, 32).          Considering that divorce cases often involve high conflict, open hostility, and tension, it is difficult to call upon parents to cooperate with each other. However, mediation allows parents to take a look at the future of their relationship, maybe not as a couple, but as permanent parents (Emery, Sbarra Grover, 2005, 32).          Mediation is also effective in educating divorcing parents and couples about emotions. These emotions involve not only those felt by the couple involved, but more importantly, those of their child or children. There are several techniques by which the goal of emotional education can be achieved, but one effective way is through the mediator’s reflection of a child’s possible emotional reactions to the crisis situation using his self as a medium. For example, the mediator could say how uncomfortable and scary an experience becomes when the couple starts fighting each other. Thus, mediation allows parents to realize that their bickering actually affects the emotions of people around them, and thereby stop thinking about themselves. It is apparent therefore that mediation does not necessarily provide therapy for the emotional problems of the parties, but it allows them to understand the feelings and emotions involved in order to help them control such emotions in the best possible way and, in the process, achieve a good plan for the family (Emery, Sbarra Grover, 2005, 33).          Finally, mediation is an effective process because it helps parties avoid treating each other as adversaries. A business-like approach such as the one commonly used in mediation allows the parties to approach issues in a distant and less emotional state. Moreover, not treating each other as adversaries avoids the road to strained relationships that only cause the wounds of the divorce to get worse (Emery, Sbarra Grover, 2005, 34). Effects of Divorce on Children            The trend in favor of divorce and single parenthood in industrialized countries has raised concerns about the effects of such family arrangements to children involved. Unfortunately for children, divorce often leads to negative immediate effects, such as serious emotional and psychological disturbance. Considering that psychological symptoms such as emotional disturbance, loneliness, depression, anger, helplessness, and many others are common among the parents or couples involved, it should be expected that such negative effects would be experienced more severely by the children trapped inside the crisis (Lamb, Sternberg, Thompson, 1997, 394).            It is worth noting that the difficulty of children in dealing with their parents’ divorce is aggravated by the fact that the parents involved in the crisis are often too preoccupied with their personal emotions such that they fail to give much-needed support to their children. Worse, these parents often fall in the temptation to make too much demand that worsen the situation for their children (Lamb, Sternberg, Thompson, 1997, 395).            Another problem common to children in divorce situations is the economic problem brought about by the need to maintain two separate residences, and the common situation of mothers who are more economically-challenged than the fathers. However, such situation is avoided or minimized in cases where the parents resolve their conflicts and work out a way of providing for the educational, emotional, and economic needs of their children (Lamb, Sternberg, Thompson, 1997, 395-396). Conclusion.            Divorce and single parenting is increasingly becoming common in industrialized regions such as the United States and the United Kingdom. This trend is caused by several factors and, in turn, causes several issues, practices, and concerns in many different levels, such as the family, children, substantive and procedural law, and alternative dispute resolution mechanisms (Rasul, 2006, 1; DErrico Elwork, 1991, 104).            Divorce causes deleterious effects on the parties. However, the negative impact of divorce is more squarely felt by the affected children who, in their tender age, are forced into adjusting and coping with the emotional stress and burden necessitated by divorce proceedings (Lamb, Sternberg, Thompson, 1997, 394).            Such hardships could be minimized by different factors, such as cooperation between parents in providing emotional, economic and educational support to their children. Parents also have the option of minimizing or totally avoiding antagonism and hostility in the divorce proceedings by choosing to undergo mediation rather than court litigation. Indeed, mediation provides many advantages and avoids the stress involved in court action (Emery, Sbarra Grover, 2005, 22). References DErrico, M. G. Elwork, A. (1991). Are Self-Determined Divorce and Child Custody   Agreements Really Better? Family and Conciliation Courts Review 29(2), 104-  113. Emery, R. E., Sbarra, D. Grover, T. (2005). Divorce Mediation: Research and Reflections. Family Court Review 43(1), 22-37. Lamb, M. E., Sternberg, K. J., Thompson, R. A. (1997). The Effects of Divorce and  Custody Arrangements on Childrens Behavior, Development, and Adjustment.     Family and Conciliation Courts Review 35(4), 393-404. Rasul, I. (2006). The Economics of Child Custody. Economica 73, 1-25.
Tuesday, January 21, 2020
The Impact of Social Media on Terminally Ill Patients Essay -- commun
1. Introduction Social media is changing the way that doctors and patients communicate. It is reshaping health care with the help of modern technical innovations such as internet connectivity, smart phones, tablets, and desktops. This ranges from patient support groups to instant messaging (Aishwarya, 2012:[sp]). Media usage has evolved over the last few years and research in this field has shown how children’s psychological factors are linked to social media (Heim, et al, 2007:49). These factors suggest that the internet is a powerful communication tool that not only connects children with others but also empowers them by providing a learning environment and social support (Heim, et al, 2007:52-53). A rapid and innovated advance in social media offers numerous opportunities for modifying health behaviour by allowing the users to conduct research, review previous experiences, seek out medical advice, and lets users choose whether they would like to be identified or anonymous. Although there is a considerable potential for these media tools such as, video chat, weblogs and social networks, this media usage, requires careful application with regards to how the information is used, and may not always give the desired results when seeking medical advice or solutions (Korda, Itani, 2013:15). Carleen Hawn (2009:361) explains that across the health care industry, new media tools are changing the way that patients and doctors interact which is why people are adopting this method of using social media for health related issues (Korda, Itani, 2013:15). Bates (2013:[sp]) identifies that animation is an excellent and ingenious way to encourage children to communicate stories, ideas and concepts in a creative and original way. As explained... ...M- WEBSTER. 2014. Support Group. [online]. Available from: http://www.merriam-webster.com/medical/support%20group [Accessed 12/03/2014]. SEIVERS, C. 2012. 20 hospitals with inspiring social media strategies. [online]. Available from: http://www.prdaily.com/Main/Articles/20_hospitals_with_inspiring_social_media_strategie_10655.aspx [Accessed 12/03/2014]. TEXAS, D. Dialysis and Social Networking. 2013. [online]. Available from: http://devontexas.com/2013/03/30/dialysis-and-social-networking/ [Accessed 26/02/2014]. WIENER, L. CRUM, C. GRADY, C. MERCHANT,M. 2012. To Friend or Not to Friend: The Use of Social Media in Clinical Oncology. 8(2), 103-106. ZANNI, G, R. BROWNE III, C, L. Coping with Terminal Illness. 2010. [online]. Available from: http://www.pharmacytimes.com/publications/issue/2010/August2010/CounselingTerminalIllness-0810 [Accessed 28/02/2014].
Monday, January 13, 2020
Aspects of love †Romeo and Juliet Essay
Now Juliet’s father has a leading role in Juliet’s â€Å"love life†. In Verona the people were catholic and it was to have arranged marriages. With Juliet as a young teenager, Capulet thought she might have been too young to get married; Capulet- â€Å"My child is yet a stranger in the world; She hath not seen the change of fourteen years, Let two more summers wither in their pride, Ere we may think her ripe to be a bride. †He was telling this to Paris. He was close to the Capulets and he seemed to impress Lady Capulet more then he did Juliet. In the story, Capulet had a few children, with Juliet as the youngest, but all part from Juliet had died through child hood. Death was very common in Elizabethan times, with the plague about and not very good medication, at least 1 in three children would most probably die through their child hood. With Juliet being his only child left, he would have liked her to have a happy life with a decent man and a decent living. He chose Paris to be more then suitable, Capulet-â€Å"And too soon marr’d are those so early made. The earth hath swallow’d all my hopes but she, She is the hopeful lady of my earth: But woo her, gentle Paris, get her heart†But maybe he didn’t want to let her go just as yet. Capulets had a reputation to live up to, and the father wanted to keep it that way. Lady Capulet wasn’t really much of a motherly figure in the story to Juliet. She never seemed to talk to her much, and when she did they were more like commands. Juliet must have been use to this as she would address her politely; Juliet- â€Å"Madam, I am here. What is your will? †Was their any family love such as the hugs, stories and giving motherly advice between Lady Capulet and Juliet? From what it seems Lady Capulet, being the Lady of the house hold is more being busy around else where rather then ever being with her daughter. The nurse played a bigger part in Juliet’s life. She gave advice, and wanted Juliet to be happy, she was not into the ‘keeping the Capulets dignity’, she didn’t seem to be the kind of person to judge but she only told Juliet what she thought would be best for her. They talk of Juliet getting married, but Lady Capulet only asks if she would and not how she feels about the whole situation, alike Lord Capulet she is soon is suggesting of her marrying Paris. Lady Capulet- â€Å"Marry, that ‘marry’ is the very theme I came to talk of. Tell me, daughter Juliet, How stands your disposition to be married? †Juliet- â€Å"It is an honour that I dream not of. †In a respectful way, Juliet has already sorted her way of getting married. She is telling her mother that although she’s honoured to be in such a position in which her family would be proud of, it’s not her ideal way of living with someone for the rest of her life. Maybe she knew what she was looking for in love, that’s if she was looking for love at that time. Paris says he loves Juliet, and wants to marry her. But from what we see, he hardly knows Juliet, not like Romeo. They don’t have the chemistry. Juliet is charmed, and he is very gentlemen like. But what is love to Paris. Paris-This is that banish’d haughty Montague, That murder’d my love’s cousin, with which grief†¦ To Paris, he wants to marry a girl who will have his children and look good, so to speak. Like the Capulets or Montague way of raising a family, not through caring love but through pride and dignity. Paris- â€Å"younger than she are happy mothers made. †Through Juliets aspect of love, before she even meet Romeo, we see that there was no other interest in men, not even when Lady Capulet asked her what she though about marrying Paris. She just replied that she is something she would not dream of. When she met Romeo she instantly clicked with him. She was impressed by the way he spoke to her, and the words he used. No one had probably talked to her in such a way before. Romeo- Romeo’s mother and father aren’t really mentioned much in the play. Lord Capulet says he is confused about his son, that he is withdrawn and he doesn’t really know him. Although he see’s him withdrawn to himself he wants him to â€Å"dedicate his beauty to the sun†, share his thoughts. Lady Capulet seem to care about Romeo as much, Lady Capulet- â€Å"O where is Romeo? Saw you him today? Right glad I am he was not at this fray. †It looks as though his parents are concerned about him very much, they look out for their son, try to know where he is, as they know he is a sensitive and gentle person. It’s very common for parent to be protective over their children in a family. Within the Montague’s, their family is based around such care of each other, and not so much about dignity, even though he was brought up to think about the families pride and dignity. Romeo and his Cousin Benvolio hang about together; he is out most of the time with him and his best friend Mercutio. He talks to both of them about love, with Juliet and with Rosaline. Now with Rosaline, Romeo thought he was in love when in fact he was just infatuated by her class, beauty and plain hard to get. He soon gets over her when he meets Juliet. Romeo and Juliet both fell for each other at the party at the Capulets house party. The first time they spoke, they both talked with holy language, and Juliet (who was quite a religious person) was taken by his flattering words, the first time they spoke. Romeo- â€Å"If I profane with my unworthiest hand This holy shrine, the gentle sin is this, my lips, two blushing pilgrims, ready stand to smooth that rough touch with a tender kiss. †Juliet- â€Å"Good pilgrim, you do wrong your hand too much, which mannerly devotion shows in this, for saints have hands that pilgrims’ hands do touch, and palm to palm is holy palmers’ kiss. †They only speak like this to each other, Juliet who has never been spoken to like this before is fascinated. By him by the end of the night, she does not want to leave him and he does not want to leave her. She warns him of the dangers he would be in if he got caught but he still risks all that just to see her that one night. At this point their views of love for each other begin. This is where they want to get to know each other, as they have never meet anyone like each other before. They probably felt that no-one has ever understood them before as they did in this one night. Juliet starts to believe in love, and Romeo finds that Rosaline was not true love after all, and these guys wouldn’t want to loose contact after this night. Friar Lawrence finds that these too are meant to be. Being a Friar, it does not refer to him believing in arranged marriages. But he thought that bringing Romeo and Juliet together would solve and bury the conflict between the too rival families, Montagues and Capulets. That they would find to love each other through Romeo and Juliets love for each other. He knew that Romeo and Juliet loved each other deeply so he risked this to solve the family feud as he believed that they wouldn’t part because of there families, because they had stayed together this far.
Sunday, January 5, 2020
What Is a Filibuster in the US Senate
A filibuster is a delaying tactic used in the United States Senate to block a bill, amendment, resolution, or other measure being considered by preventing it from coming to a final vote on passage. Filibusters can happen only in the Senate since the chamber’s rules of debate place very few limits on Senators’ rights and opportunities in the legislative process. Specifically, once a Senator has been recognized by the presiding officer to speak on the floor, that Senator is allowed to speak for as long as he or she wishes. The term â€Å"filibuster†comes from the Spanish word filibustero, which came to Spanish from the Dutch word vrijbuiter, a â€Å"pirate†or â€Å"robber.†In the 1850s, the Spanish word filibustero was used to refer to American soldiers of fortune that traveled Central America and the Spanish West Indies stirring up rebellions. The word was first used in Congress in the 1850s when a debate lasted so long that a disgruntled senator called the delaying speakers a pack of filibusteros. Filibusters cannot happen in the House of Representatives because House rules require specific time limits on debates.In addition, filibusters on a bill being considered under the federal budget â€Å"budget reconciliation†process are not allowed. Ending a Filibuster: The Cloture Motion Under Senate Rule 22, the only way opposing Senators can stop a filibuster is to gain passage of a resolution known as a â€Å"cloture†motion, which requires a three-fifths majority vote (normally 60 of 100 votes) of the Senators present and voting. Stopping a filibuster through the passage of a cloture motion is not as easy or as quick it sounds. First, at least 16 Senators must get together to present the cloture motion for consideration. Then, the Senate typically does not vote on cloture motions until the second day of the session after the motion was made. Even after a cloture motion is passed and the filibuster ends, an additional 30 hours of debate is usually allowed on the bill or measure in question. Moreover, the Congressional Research Service has reported that over the years, most bills lacking clear support from both political parties may face at least two filibusters before the Senate votes on final passage of the bill: first, a filibuster on a motion to proceed to the bill’s consideration and, second, after the Senate agrees to this motion, a filibuster on the bill itself. When originally adopted in 1917, Senate Rule 22 required that a cloture motion to end debate needed a two-thirds â€Å"supermajority†vote (normally 67 votes) to pass. Over the next 50 years, cloture motions usually failed to garner the 67 votes needed to pass. Finally, in 1975, the Senate amended Rule 22 to require the current three-fifths or 60 votes for passage. The Nuclear Option On November 21, 2013, the Senate voted to require a simple majority vote (normally 51 votes) to pass cloture motions ending filibusters on presidential nominations for executive branch positions, including Cabinet secretary posts, and lower federal court judgeships only. Backed by Senate Democrats, who held a majority in the Senate at the time, the amendment to Rule 22 became known as the â€Å"nuclear option.†In practice, the nuclear option allows the Senate to override any of its own rules of debate or procedure by a simple majority of 51 votes, rather than by a supermajority of 60 votes. The term â€Å"nuclear option†comes from traditional references to nuclear weapons as the ultimate power in warfare. While actually used only twice, most recently in 2017, the threat of the nuclear option in the Senate was first recorded in 1917. In 1957, Vice President Richard Nixon, in his role as president of the Senate, issued a written opinion concluding that the U.S. Constitution grants the presiding officer of the Senate the authority to override existing procedural rules On April 6, 2017, Senate Republicans set a new precedent by using the nuclear option to expedite the successful confirmation of President Donald Trump’s nomination of Neil M. Gorsuch to the U.S. Supreme Court. The move marked the first time in Senate history that the nuclear option had been used to end debate on the confirmation of a Supreme Court justice. Origins of the Filibuster In the early days of Congress, filibusters were allowed in both the Senate and the House. However, as the number of representatives grew through the process of apportionment, the leaders of the House realized that in order to deal with bills in a timely manner, House rules had to be amended to limit time allowed for debate. In the smaller Senate, however, unlimited debate has continued based on the chambers belief that all senators should have the right to speak as long as they wish on any issue being considered by the full Senate. While the popular 1939 movie â€Å"Mr. Smith Goes to Washington,†starring Jimmy Stewart as Senator Jefferson Smith taught many Americans about filibusters, history has provided some even more impactful real-life filibusters. In the 1930s, Senator Huey P. Long of Louisiana launched a number of memorable filibusters against banking bills he felt favored the rich over the poor. During one of his filibusters in 1933, Sen. Long held the floor for 15 straight hours, during which he often entertained spectators and other Senators alike by reciting Shakespeare and reading his favorite recipes for Louisiana-style â€Å"pot-likker†dishes. South Carolina’s J. Strom Thurmond highlighted his 48 years in the Senate by conducting the longest solo filibuster in history by speaking for a staggering 24 hours and 18 minutes, nonstop, against the Civil Rights Act of 1957.
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