Improving Education Healthy Lifestyle Malaysia Health And Social Care Essay

Improving Education Healthy Lifestyle Malaysia Health And Social Care Essay Healthcare systems are facing major challenges as they struggle to meet increasing demand with limited resources. Demographic changes, changing disease patterns, illegal immigrants, industrialization, issues of quality and efficiency, shortages or misdistribution of human resources, financial constraint, inadequate research and globalization are the major challenges faced by Malaysias healthcare system as it prepares to restructure itself. Globalization can be described as the integration of economic systems, capital movements and opportunities for different peoples through better information and communication technologies. But locally it has come to mean the increased insecurity and powerlessness that people (particularly poor people) feel in the face of global processes. Impact of globalization on populations health is predictable since globalization will change trade processes and also social and cultural shift. The future healthcare must transform the healthcare system, by making it more integrated, disseminated and virtual. The Malaysian future healthcare system will need to align with and support national health vision and goals. The services must be seen in the context of achieving the vision and the value it adds in achieving national health goals. Existing and the health system of the future must be guided by clear guiding principles and philosophy as well as being robust. Malaysia will develop one of the most advanced health systems of the world by harnessing the power of information and multimedia technologies to transform the delivery of healthcare. Hypertension Hypertension is one of the most common worldwide diseases affecting humans. Because of the associated morbidity and mortality and the cost to society, hypertension is an important public health challenge. 33% of the Malaysian adult population suffering Hypertension and it is including overall gender, race and ages (Lim, Morad et al, 2004) Over the past several decades, research widespread patient education and a concerted afford on the part of healthcare professional have led the decreased mortality and morbidity rates from the multiple organ damage arising from years of untreated hypertension. Hypertension is the most important modifiable risk factors for coronary heart disease, stroke, congestive cardiac failure, end stage renal failure and peripheral vascular disease . Many interrelated factors contribute to these mechanisms and may differ between individuals, such as the rennin-angiotensin system, endothelial dysfunction, salt intake, obesity, genetics and low birth weight (Beevers et. al 2001). The significance on the high blood pressure condition will be more critical, which may lead to the complex complication such as stroke, increase mortality rate and also increase risk of cerebral haemorrhage. The increasing prevalence of the Hypertension due to ageing process, the identification of the risk factors and diagnosis will able to control the Hypertension among the elderly people ( Ong, Oung et al , 2010). In view to improve the healthcare system to be more healthy, the responsibilities of the healthcare provider will focus on the preventive strategy as it will be able to decrease the prevalence of Hypertension in the general population. The main issue to be focused will be on the unhealthy eating habits among the population, lack of physical activity, genetic factor, unhealthy lifestyle, stress and other contributing factors related.. Prevention From Intervention Strategy The prevention and management of Hypertension is to reduce morbidity and mortality by the least intrusive means possible. This maybe accomplish by achieving and maintaining the systolic blood pressure below 140mmHg and diastolic blood pressure below 90mmHg and lower if tolerable, while controlling other modifiable risk factors for cardiovascular disease. The treatment to lower levels maybe useful particularly: 1. To prevent stroke 2. To preserve renal function 3. To prevent or slow heart failure progression The above goals maybe achieved by non-pharmacological and pharmacological methods. Before we consider any active treatment of establish hypertension, there is an even greater need to look at the prevention of the disease. Without planning prevention, the hypertension problem will always remain and it will only rely solely on the detection of existing high blood pressure. Primary prevention provide an attractive opportunities to interrupt and prevent the continue costly cycle of managing hypertension and its complications. This primary prevention (non-pharmacological treatment) can be achieved by the following manners: Lifestyle Modification There is no direct randomized evidence demonstrating that reducing blood pressure through lifestyle measure will reduce the risk of cardiovascular disease but it seems likely since trials have shown that benefits of anti-hypertensive treatment are determined primarily by the blood pressure reduction. The benefits of the lifestyle modification are summarized as below To lower the blood pressure in the individual patient. To reduce the need for anti-hypertension drugs and maximize the efficacy To address the other risk factors presence For primary prevention of hypertension and associated Cardiovascular disorders in population. Although there are difficulties in achieving and maintaining proper lifestyle changes, a systemic team utilizing health care professionals and community resources when possible can assist in providing the necessary education support and follow up. Smoking Cessation Cigarette smoking is one of the most powerful risk factor for cardiovascular disease and avoiding of tobacco in any form is essential. There is significant raise in the blood pressure accompany the smoking of each cigarette. All hypertensive patients who smoke should receive appropriate counseling for smoking cessation and nicotine replacement therapy should be considered. Those who continue to smoke may not receive the full degree of protection against cardiovascular disease from anti-hypertensive therapy. The cardiovascular benefit of discontinuing tobacco use can be seen as early as within 6 months in all age groups and by 2 years; they are probably at the same risk with non smoker. Manson et al 1992, Doll et al 1994 (Breen J, 2008) state that Smoking cessation is probably the most effective lifestyle measure for the prevention of a number of cardiovascular diseases . Weight Reduction Excess body mass is correlated closely with an increase of blood pressure. Excess body weight increases the risk of hypertension (Stamler, 1991). Usage of nonpharmacological therapy can be used to reduce the weight loss as it has been proven that it is also able to reduce the blood pressure level (Kuller, 2009). The responsibilities on the weight reduction should be begin with own awareness by the high risk population. However with the frequent advertisement by the healthcare provider in the electronic advertisement will be able to create the depth understanding on the important of the reduction of weight. The losing of weight should not drastically occurs, as it lead to the haemodynamic status in the cardiovascular circulation Diet changes In Malaysia, most of the adult and elderly ages develop habit to take heavy supper meal late of the night and sometimes it is contain of high saturated fat that might lead to increasing fat deposition among the population. Fast food consist of high carbohydrate and high sodium contain in prepared foods, that also introduce to the risk of Malaysian population to develop Hypertension. This unhealthy dietary habit only lead to the high statistic of incidence Hypertension. Increasing fruit and vegetable, higher intake of calcium, magnesium or potassium has contributed to the beneficial effects of some of this diet. Regular fish consumption may enhance blood pressure reduction in obese hypertensive patient and yield additional benefits on the lipid profile. Hence all hypertensive patients should be advised to eat more fruit and vegetables, fish and to reduce their fat intake. This diet habit should be developed by providing continuous awareness among the high risk population with providin g them a pamphlet at the public area and introduction on the preparation of low salt diet copyright in the compact disc or download into the website, as it will assist the public on the good eating habit on their own convenience. Physical activity Sedentary patients should be advised to take up moderate level of aerobic exercise on regular basis such as a brisk walk or swim for 30 45 minutes, 3 4 times a week. Regular aerobic exercise reduces BP in nonmotensive and hypertensive individuals (Cooper et al 2000).When compared with more active and fit individuals, sedentary individuals with normal blood pressure have 20 50% increase of developing hypertension. Regular exercise activity has been documented to lower the systolic blood pressure by about 4 8mmHg. Isometric exercises such as heavy weight lifting can have a pressor effect and it should be avoided. Patient with cardiac while other serious health problems need a more thorough evaluation, often including a cardiac stress test and may need referral to a specialist or medically supervised exercise program. Prioritization the Health Issue Policy Government and private healthcare should consider on the development of the policy for the benefit for all. Reinforcement of the government policy will enhance the public oriented program on the important of preventive the hypertension rather than treat the hypertension. Target Group The prioritization will be focus on the high risk group of population, such as executive, professional, new graduate adolescence, obesity individual and genetic. These groups are exposing to the risk of hypertension. The fast pace in the working environment , compounded the fact that work was physically demanding and influence the workers on the limited role (Rafnsdottir and Gudmundsdottir, 2004) especially on their well being activities. The proactive intervention will be able to assist the healthcare provider to prepare the public towards the reduction of the prevalence hypertension, especially in managing obesity, improve diet and increase physical activities. Activities and Reward Program Suggested that all the organization or company focus to improve the healthy well being environment such as formation of the mini gymnasium in order to encourage the involvement of the workers after duty or during break. Nevertheless, it will encourage high commitment to improve their healthy lifestyle without prejudice. Rewards program introduced to the actively participation in the gymnasium will be boost the enthusiasm among the workers in the organization. Thus, it will reduce risk of incidence hypertension and increase healthy life style among the population in cosmopolitan era. Broadcasting Involvement of the broadcasting in promoting the important of healthy lifestyle will enhance the awareness among population on the management of preventing hypertension. Billboard along the highway, public area also able to assist the improvement of knowledge among the public. Public Talk Should be conducted at all ages, begin with primary school students, elementary schools, universities, seminars, workshop and promotion using bunting and banner, as it will create continuous understanding of the disease. Conclusion In 2006 The Third National Health and Morbidity Survey, The Prevalence of hypertension among adult 30 years old and above was 43% has increase 30% compared to 10 years ago (Merican, M, I., 2008). This figures shows that the hypertension can be considered serious illness which may effect the healthy well being among Malaysian population. Furthermore it can cause potentially life threatening if not detect and treated early. Awareness on the hypertension will be no ending as this condition might occur at any level of ages. Contribution of the public towards reducing the hypertension prevalence and early identification of the risk factor enable the well being lifestyle among Malaysian.

Kaupapa Māori Theory and Critical Theory Essay -- Education, Philosop

Discuss how Kaupapa MÄ ori Theory and Critical Theory are similar to one another and yet differ from Deficit Theory. Use examples and references to support your claims. Remember your examples should relate to an educational setting. For many eons the roots of kaupapa MÄ ori theory have grown in Aotearoa by virtue of being the MÄ ori ideology: a philosophical doctrine, incorporating the knowledge, skills, attitudes and values of MÄ ori society; whereas critical theory was developed in the â€Å"Frankfurt School â€Å"in Europe, in the 1930s. But apart from those thousands of miles and years, they have surprising similarities to each other (Pihama, 2001). Nonetheless: kaupapa MÄ ori theory is defined by MÄ ori for MÄ ori (Pihama, 2001). With a similar process, but not in a MÄ ori context, critical thinking analytically questions what is normally recognised as the unquestionable truth and evaluates it before reconstructing it (Elder, 2007). One vital aspect in the relevance to education of critical theory and kaupapa MÄ ori theory is the importance of teachers creating positive learning environments (Ministry of Education, 2010). Contrasting this, an example as defined in the Te Kotahitanga report , is the deficit theory, where mainstream teachers blame the lack of MÄ ori educational achievement on the students themselves, or their families or cultural background (Ministry of Education, 2010). The consequence of this deficit theorising is probable failure of pupils in the school system. Discussed in this essay will be the deficit theory and why education needs to look towards the more positive models of the kaupapa MÄ ori theory and critical theory with their similarities and successes. As prevention is better than cure, especially as the cure com... ...parents have used conscientisation, when they have not complied with the status quo of English medium schools, by moving their children, their whanau, their support and allegiance into the MÄ ori medium schools. Tragically, this has been because of deficit theorising, as MÄ ori have been under represented in educational successes, with teachers feeling there is little they can do to bring about change. Thankfully, for the greater percentage of MÄ ori children who still remain in English medium schools, with professional development models such as Te Kotahitanga, and Ka hikatia, with their MÄ ori education strategy initiatives, educators can create learning contexts that will provide students with those tools that are vital for the future, the tools of creative, critically reflective thinking citizens in a culturally inclusive environment that will benefit all pupils.

Objective Relations Theory

Projective Identification copyright 1996 Hannah Fox, CSW, BCD All rights reserved – may not be reproduced without permission of Hannah Fox ([email  protected] com) This document can be found at: http://www. object-relations. com This presentation will explore several concepts and techniques within the Object Relations theory of family therapy which, if understood, provides a framework for looking at couples and families. Before talking about this approach to family therapy, I would like to explain what object relations theory is all about.Object Relations Theory was originated in England by a group of British psychoanalysts, including Klein, Balint, Fairburn, Winnicott, and Guntrip. Object relations theory was a break from Freud's drive model, and differs from it as follows: Freud's model held that a newborn infant is driven by animal instincts, such as hunger, thirst, and pleasure, but cannot relate to others. Relationships with others only develop later in the course of sa tisfying those needs. In this sense, Freud's model considers relationships to be secondary.In contrast, object relations theory maintains that the infant can relate to others at a very early age and that relationships with others are, therefore, primary. The drive to attach oneself to an object is considered to be the major motivating force. Since we are talking about object relations theory, this is a good time to ask what an object is. In object relations theory, the word object is used with a very specific meaning. It's not literally a physical person, but an internal mental structure that is formed throughout early development.This mental structure is built through a series of experiences with significant others through a psychic process called introjection. Because an infant's earliest experiences are usually with its mother, she is usually the first internal object formed by the infant. Eventually, the father and other significant people also become internalized objects. Intro jection, the process of creating internal mental objects, leads to another process called splitting. Splitting occurs because the infant cannot tolerate certain feelings such as rage and longing, which occur in all normal development.As a result, the infant has to split off parts of itself and repress them. What happens to those repressed split-off parts? They are dealt with through another important process, called projective identification. Projective identification itself is a very specific part of object relations theory. It is a defense mechanism which was conceptualized by Melanie Klein in 1946, having evolved from her extensive study and work with children. According to Klein, projective identification consists of splitting off parts of the self, projecting them into another person, and then identifying with them in the other person.For example, the earliest relationship the infant has with its mother is feeding and touching, but the mother is not always able to respond quick ly enough to the infant's need. Since the natural rage and longing the infant feels at such times are intolerable, to survive these feelings the infant â€Å"splits them off† and represses them from its consciousness. The â€Å"split off†feelings can be thought of as other parts of the self (ego). When such splitting takes place, the infant is free of the rage but has placed that part of itself inside the mother.To make itself whole again it must identify with the mother. The mother may or may not allow herself to become the cntainer for the infant's negative feelings. Even if she doesn't, the projective identification still occurs. The above process begins in the first half year of life, known as the paranoid-schizoid position. It is characterized by an ability to distinguish good feelings from bad, but an inability to distinguish the mother from the self. Depending on how consistent the mothering is, the infant may or may not progress to a higher level of development known as the depressive position.In the depressive position, which starts at about eight months of age, the child takes back its bad feelings from the mother and separates from her. The mother is now seen as a separate object, with both good and bad feelings of her own. The infant is aware of its own good and bad feelings. For a child to reach this level of development, the earlier mothering must be consistent. The mother must have accepted most of the child's projected feelings. A child who reaches the depressive position will, in adulthood, be capable of experiencing, at best, such feelings as empathy, or will at least become neurotic.In contrast, if the mothering is not consistent, the child can't take back its projected feelings and splitting continues both inside and outside the child. It remains in the paranoid-schizoid position or, at best, a precarious form of the depressive position. This type of development is associated with borderline personalities. In the above infant- mother example, the repressed parts of the self, if unresolved, will remain repressed into adulthood. Those parts will govern the choice of marital partner and the nature of marital relationships, and by extension the nature of relationships with children.By the time the couple or family come to therapy the projective identification process has likely progressed to the point of being obvious to the therapist, and will be seen in the members' behavior toward each other. This is usually not so in individual therapy because it often takes time to build the transference relationship with the therapist. So what does this mean for the therapist? What does a therapist have to know in order to work with a family, using the object relations approach? The therapist needs to be trained in individual developmental heory from infancy to aging and to understand that the internal object world is built up in a child, modified in an adult and re-enacted in the family. The family has a developmental life cycle of its own, and as it goes through its series of tasks from early nurturing of its new members, to emancipation of its adolescents, to taking care of its aging members, the family's adaptation is challenged at every stage by unresolved issues in the adult members' early life cycle. Conflicts within any of its individual family members may threaten to disrupt the adaption previously achieved.If any member is unable to adapt to new development, pathology, like projective identification, becomes a stumbling block to future healthy development. The clinical approach is to develop, with the family, an understanding of the nature and origins of their current interactional difficulties, starting from their experience in the here- and-now of the therapeutic sessions, and exploring the unconscious intrapsychic and interpersonal conflicts that are preventing further healthy development. Interpretation and insight are thus the agents of family change.By uncovering the projective ide ntifications that take place among family members, and having individuals take back their split-off parts, members can be freed to continue healthy development. If further therapy is indicated, individual therapy would be a recommendation. Symptom reduction in individuals is not necessarily a goal here. In fact, individual family members may become more symptomatic as projective identificationsare taken back and the members become more anxious. To do this, the therapist needs the following four capabilities: . The ability to provide a â€Å"holding environment†for the family – a place which is consistent – so that eventually the family comes to feel comfortable enough to be themselves in the presence of the therapist. 2. An ability to understand the â€Å"theme†of each session, so that a broad theme can be identified over the course of treatment. 3. An ability to interpret the latent content of patients' manifest statements. 4. An understanding of unconsc ious processes like transference and countertransference.Given those tools, it is the therapist's job to uncover the projective identifications in the family that prevent the children from having a healthy development. Once these projections are uncovered, and the split-off parts given back to the family members they belong to, children are freer to continue healthy development. Having introduced projective identification, I'd like to show how this process operates later in life-in couples and families-and is a framework for doing couple and family therapy. I'm going to present two cases-one of a couple and one of a family-to show how projective identification works.A male patient of mine with little ambition fell in love with a woman who subsequently pushed him to be ambitious. As it turned out, the woman had been repressing her own ambition under pressure from a father who didn't believe women should work. This woman was quite intelligent and obtained a professional degree, yet sh e chose to stifle her ambition in order to please her father. She remained dependent on her father, both emotionally and financially. The husband, my patient, was a professional but quite unambitious. His family's philosophy was that one is lucky to have a job and pay the bills.His father had held the same low paying job for twenty years although he, too, had a professional degree. So why did these two people get married? Since it was unacceptable for her to be ambitious, the wife needed someone to contain those feelings for her. My patient was the ideal object because, although he had an inner ambition, he had no parental support for these strivings. Therefore, he was predisposed to accept and collude in his wife's projection. What is the effect of projective identification when a couple has children?The following example shows how parents use their children as objects. Fern was a woman in her second marriage with two adolescent children. When Fern was a child, her mother favored h er brother. The message she received from her mother was that men were important and had to be taken care of, while women were stupid and born to serve men. Both of Fern's husbands agreed with her mother's philosophy, so Fern spent most of her married life serving them. When the family came to see me, both children were having emotional problems. The son was a heavy user of pot and cocaine.His sister had emotional and learning problems in school. Fern had projected into her son that males were special and needed to be taken care of. It's not hard to see why the son colluded with his mother. The rewards of accepting her projected feelings were too hard to resist, so when he reached adolescence he satisfied his excessive dependency needs with drugs. The message Fern's daughter received was that she was unimportant and stupid. Why did Fern project these feelings onto her daughter? Fern grew up unable to develop her own career goals because her other ignored her wishes to go to college. For Fern to feel sufficiently competent and achieve some career success, she had to get rid of feelings that she was stupid and unimportant. So she projected those feelings on to her daughter and was then able to start a small business. To avoid being totally rejected by her mother, the daughter colluded by remaining stupid and unimportant to herself. Fern's reenactment with her daughter of her mother's relationship with her is a form of projective identification called â€Å"identification with the aggressor,†because Fern is acting as if she is her own mother and her daughter is her (when she was a child).Fern's relationship to her son is also similar to the relationship Fern's mother had to Fern's brother. Because Fern is treating her children so differently, when they grow up they will have very different views of this family. This explains why, in therapy, siblings often talk about the same family very differently. Notice how unresolved feelings from childhood, which Fern split off and repressed, greatly affected her relationship with both children. What do you think is going on in her second marriage? Now I will present an actual transcript of part of a session I recently had with this family.As you will see, it illustrates the process of projective identification and will serve as a basis for further discussion. T: Fern, I wonder, when Donald was talking about being like Roberta and John asked him a question how did you feel? F: What do you mean how did I feel? T: When John asked Donald when he figured out that he was like Roberta and Donald said just now. J: How do you feel about him saying just now. T: And you changed the subject and I wondered what you were feeling. F: I don't know. I T: Donald owned up to some feelings that he was like his father and that part of what he saw in Roberta was like himself.F: Donald is definitely part of D: No but what she's saying is that you changed the subject. That is why she's wondering if you have some feeli ngs about that. T: Exactly. You seemed to have moved away from what was going on here. John was talking to Donald R: She doesn't want us to be like our father. T: Maybe that was upsetting to you? R: He wasn't good to her. D: Subconsciously maybe. It's deep but it's there. F: Well, I don't like Martin, naturally. It's true. I don't like him – I don't think he's a nice person. R: You don't like him at all? D: She loves him but doesn't like himF: I loved him but I never liked him as a person. I never thought he was a good person; that he really cared about me, that he took care of me, that he was ever concerned with me. I remember a couple of things that – I remember having a bloody nose one night when I was pregnant and he went out to play racketball and left me alone. Things like that – He was mean to me – he had no compassion for me. D: That's one thing, I'm not like my father. F: I'm not saying – I'm trying to say I see certain characteristics of their father in them. T: How does that make you feel?F: How does that make me feel? I don't know. I guess part of it, not too good because I would rather them be above that, that is, above that anger, why can't they rise above that anger. I don't want them to be like that because it didn't get Martin anyplace in life. J: I have a very deep question. F: I don't know if I want to answer it. J: You may not but how can you find that with Roberta and Donald being so much alike in prsonality, like Martin, how do you separate Donald's being like Martin and accepting it from Roberta and saying Roberta is just like her father and not accepting it?F: Because Donald never directed his anger at me as a person, as a human being. In other words he never – he might have been angry but he never said to me – he never was mean to me, whereas Roberta has been mean to me, attacked me as a person, Donald never attacked me as a person. T: Donald attacked himself as a person. D: Hmm. T: By t aking drugs. F: But he never attacked me as a person. D: Never, I'm not a mean person. I don't have that mean streak in me. T: You sure? F: You may have it in you D: I don't have a mean streak. F: Sure, everyone T: Who did you direct that meanness to?Roberta directs it out to her mother and who did you direct it to? D: I direct it to her. T: No R: No you directed it at yourself. D: Myself, yeah – I'm mean to myself. F: You were destructive to yourself. T: So what D: But that's different from being destructive to other human beings. F: No, maybe you would have been better off being mean to me or somebody else. Or to your father. R: Let's get back to Uncle John's question. J: No this is part of the answer. D: Yeah – I'm mean to myself. I still am. But I don't destroy myself with anything – with any kind of substances, but I still am.R: What do you mean, you still are? D: I'm hard on myself, critical of myself. R: See, you would never think that of Donald because h e walks around like he's above the world. He does. T: But why would somebody walk – D: But I've been working on that very heavily now T: But why would someone D: That's the way I am; it's the way I am. T: Why would someone walk around like that. D: It's very basic – when I was on drugs and everything like that and I'm fully aware of it, aware that I'm conceited and like I have that air about me – I'm fully aware of it.When I was on drugs I had that part to me but it wasn't as strong as it is now. T: You weren't aware of it then? D: I wasn't really in control of the fact that I control my conceitedness now – I choose to put that on because I have nothing, I have nothing else now. T: Right D: It seems it's like my only defense, to be arrogant and to be conceited because I don't have anything else to back me up so I figure that wall. R: Why do you need – I don't need anything. D: Roberta – because when I was on the drugs and everything like tha t, it was a great wall for me to keep everybody out.Now I want everybody to think big things. Discussion Now let's look at the latent content of this session and identify the projective identifications. Fern was angry at Roberta and not at Donald — why? As John pointed out with his question, Fern saw Roberta and Donald very differently, because of her projective identifications into them. Fern saw Roberta as bad and stupid, just as her mother viewed her when she was a child. She put all her badness and negative feelings into Roberta. Roberta then acted out Fern's feelings by being emotionally disturbed and acting stupid.Her emotional problems exacerbated what had been a genuine perceptual impairment. Because of her projective identification, Fern saw Donald as the good son who needed special attention and care, which was what Fern had seen between her own mother and her brother. Because Donald was not fully accepted by his mother, especially for those qualities that were like his natural father, he acted out his mother's feelings. He was good to her but repressed the rejected parts, turning them against himself by secretly taking drugs. Yet, his mother continued to hold him in high regard, even after his habit had been found out.What Fern did was re-create the family constellation in which she had grown up. Because both children were carrying out their mother's inner life, they were unable to grow and develop their own healthy structures. The next step in therapy was to get Fern to take back the split-off parts of herself: the devaluing of her daughter and the overvaluing of her son. This should help the children take back the part of themselves which they split off and repressed. In subsequent sessions, Fern and I explored what it was like growing up with her mother.She explained that her mother told her that she was stupid and that her brother was special. Fern's daughter told Fern that she was doing the same thing as her mother and that the daughter felt stupid. Fern responded that she had never meant to treat her daughter as stupid. She also realized that her son had many problems and was not so special. In doing so, Fern reclaimed her split-off parts, freeing her daughter to continue a healthier development. Her son was able to leave home and become more independent.

Roscoe Pound and Sociological Jurisprudence - Free Essay Example

Sample details Pages: 10 Words: 2872 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Did you like this example? INDEX Roscoe Pound à ¢Ã¢â€š ¬Ã¢â‚¬Å" Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound à ¢Ã¢â€š ¬Ã¢â‚¬Å" Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. As a scholar, teacher, reformer, and dean of Harvard Law School, Pound strove to link law and society through his sociological jurisprudence and to improve the administration of the judicial system. In the early decades of the century, Pound was viewed as a radical thinker for arguing that the law is not static and must adapt to the needs of society. By the 1930s, however, he was seen as a more conservative figure, fighting the growth of federal government.[1] Pound was born on October 27, 1870, in Lincoln, Nebraska. The son of a judge, Pound attended the University of Nebraska, earning a bachelor of arts degree in botany in 1888. His father convinced him to attend Harvard Law School, but he stayed only one year. The death of his father led Pound to return to Lincoln, where he passed the Nebraska bar examination and was admitted to the bar in 1890.[2] A gifted scholar, Pound could have had a disti nguished career in the sciences, but his appointment in 1901 as a commissioner of appeals for the Nebraska Supreme Court permanently shifted his career to the law. As a commissioner he acted as a temporary appellate judge, helping to reduce a backlog of cases. His opinions emphasized substance over procedure and reflected a concern with the practical effect of the law. In 1903 he was appointed dean of the Nebraska College of Law.[3] Roscoe Pound also made a significant contribution to jurisprudence in the tradition of sociological jurisprudence, which emphasized on the importance of social relationships in the development of law and vice versa. His best-known theory consists of conceptualising law as social engineering. According to Pound, a lawmaker acts as a social engineer by attempting to solve problems in society using law as a tool. He was a prolific writer and his major works include The Spirit of The Common Law(1921, An Introduction to The Philosophy of Law (1922), Int erpretations of Legal History(1923), Law and Morals (1926), etc[4] Don’t waste time! Our writers will create an original "Roscoe Pound and Sociological Jurisprudence" essay for you Create order Social Engineering Man is a social animal and needs a society for his leaving, working and enjoying life. A group of individual forms a society. Society has become an essential condition for human life to develop his or her personality. Therefore society and human life always go together. Every human being has also born with some desires and expectations which are inherent in nature. From childhood to till old age, every human being expects that his or her desire is to be fulfilled for which their arise conflict of desires or claims which comes under the term , à ¢Ã¢â€š ¬Ã…“interestà ¢Ã¢â€š ¬Ã‚ . It is impossible to fulfil all the desires of a human being. So to fulfil the desires of maximum human being for the welfare of society the concept of Social Engineering was emerged and which was coined by Roscoe Pound. [5] The force which asks for the adoption of Social engineering is nothing but the conflict of interests of individuals. Interests more particularly the conflicting interest are the s ubject of Social Engineering. Social engineering is based on the notion that Laws are used as a means to shape society and regulate peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s behaviour. It is an attempt to control the human conduct through the help of Law. According to Pound, Law is social engineering which means a balance between the competing interests in society[6] Throughout the exposition of his legal philosophy Pound has spoken of law without attempting to define the term precisely. He has carried on about how law can be a tool for social change i.e that is social engineering thus it is important to know his view on what law is, his typically pragmatic approach has been to assume that the nature of law may best be understood by what it does. Pound sets forth three apparently distinct ideas which have been described by the word law : a regime of adjusting relations and ordering conduct by systematic and orderly application of the force of a politically organized society otherwise called the legal order. body of authoritative materials of or grounds of or guides to determination, whether judicial or administrative. This body of materials may be described more minutely as made up of authoritative precepts, an authoritative technique of development and application, and a background of received ideals of the social and legal order. the judicial and administrative processes, the process of determining causes and controversies according to the authoritative guides in order to uphold the legal order. After pointing out that these are three distinct ideas, and that calling them by the one term has been a source of confusion in discussions on the nature of law, Pound says: If the three meanings can be unified, it is by the idea of social control, [7] He says that like an engineerà ¢Ã¢â€š ¬Ã¢â€ž ¢s formulae, laws represent experience, scientific formulations of experience and logical developments of the formulations, also inventive skill in conceiving new devices and formulating their requirements by means of a developed technique Here Pound has used two words i.e. à ¢Ã¢â€š ¬Ã…“Socialà ¢Ã¢â€š ¬Ã‚  means group of individual forming a society. The second word is à ¢Ã¢â€š ¬Ã…“Engineeringà ¢Ã¢â€š ¬Ã‚  which means applied science carried out by engineers to produce finished products which are necessary for the society and which fulfil all their needs. By combining these two words he tries to say about engineers and what they do. They use the formula which is based on c ontinuous experimentation and experience to get the finished product by means of an instrument or device To elaborate further on Poundà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“engineeringà ¢Ã¢â€š ¬Ã‚  , he explained his concept by explaining the role of engineer/architect and equating it to lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Just as an engineer chalks up a plan before starting a project so do lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s they must work with a goal in mind to uplift society. Lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s lay down a strong system of law based on jurisprudential principles to satisfy the demand of society. It is in this whole process that law is related to social engineering. Therefore Pound represents à ¢Ã¢â€š ¬Ã…“experience with lawà ¢Ã¢â€š ¬Ã‚  , instrument with organs of government, engineers with judge and lawyer and finished product with the wants of human beings and society with a factory. He says that like engineers, the lawyer should apply law in a court room so that the desires of th e people are fulfilled. Therefore he calls law as Social Engineering and says that the aim of Social Engineering is to build as efficient a structure of society as possible which requires the satisfaction of wants with the minimum of friction and waste. It means Law should work for balancing of competing interest within the society for the greatest benefit. Interest Theory In a society everybody is motivated by their own interest and wants that preference be given to his or her interest over the other. Conflicts between interests arise because of the competition of the individuals with each other, with the public in order to satisfy human wants. Therefore it is needed to recognize the interest to which law should take account[8]. For this purpose a legal system has to i. Recognize certain interest ii. Define the limits within which such interest are to be legally recognized and given effect to it. iii. And finally the above interest should be secured. Suppose I want to stand first in the exam. It is my desire. But this desire cannot be fulfilled because there is no legal recognition as there is no stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest in standing first position. Therefore law has to take into account the desires which need recognition. For the purpose of satisfying human interests, Pound defined interest as , claims or wants or desires which men assert de facto about which the law must do something if organized societies are to endure.[9] Pound classified various interests which are to be protected by the law under three categories which are the following[10]: 1. INDIVIDUAL INTERESTS: These are claims or demands involved from the stand point of the individual life which consists of interest of personality, interest in domestic relations and interest of substance. 2. PUBLIC INTEREST: These are the claims or desires asserted by the individual from the stand point of political life which means every individual in a society has a responsibility towards each other and to make the use of things which are open to public use. Interest in preservation of state. 3. SOCIAL INTEREST: These are the claims or demands in terms of social life which means to fulfil all the needs of a society as a whole for the proper functioning and maintenance of it. Interest in preservation of general peace, health, security of transactionà ¢Ã¢â€š ¬Ã¢â€ž ¢s, preserving social institutions like religion, politics, economic. It is found that there is overlapping of interest between Public and Social Interest because both are same. Pound is silent about the overlapping of interest and discussed the problem of interests in terms of balancing of Individual Interest and Social Interest. He has classified the interest into three categories but talks about the balancing of only Individual and Social Interest. It is also found that interests are the subjects on whom law has to apply social engineering. Jural Postulates What are the guidelines on the basis of which social engineering should be carried out? Poundà ¢Ã¢â€š ¬Ã¢â€ž ¢s answered this by saying that every society is based on basic assumptions which help in ordering of interest. One interest is of more value than that of other and the object of law should be to satisfy the interest which is in the benefit of the maximum people. Thus these assumptions are identified as jural postulates which are based on hypothesis[11]. According to Pound, jural postulates are not the absolute one and they keep on changing as the needs of the situation, place and time demands. In 1919, Pound summarized the postulates which every individual in civilized society must be able to take it for granted that[12]: Others will not commit any intentional aggressions upon him. E.g. Assault, battery, wrongful restraint etc. Others will act with due care and will not cast upon him an unreasonable risk of injury. E.g. Negligence He can appropriate what he has created by his own labour and what he has acquired under existing economic order for his own use. E.g. agricultural land and usufruct as property. The people with whom he deals with in the general intercourse of society will act in good faith. E.g. Defamation He must keep the things within his boundary and should look after those things so that their escape should not harm others. E.g. Ryland vs. Fletcher case In 1942, Pound added three new postulates in the list which are[13] : A person will have security as a job holder. E.g. ruled by labour law, law of contract Society will bear the burden of supporting him when he becomes aged. E.g. 1/3rd concession in railway ticket, ceiling of income tax range is more. And the society as a whole will bear the risk of unforeseen misfortunes such as disablement. E.g. reservation quota for physically disabled person in education, travel etc. The jural postulates are to be applied both by the legislators and judiciary for evaluating and balancing the various interests and harmonizing them. He has not said anything about the interest which will be given more priority over other. 5. Criticism Pounds theory of social engineering has been criticized on various grounds. It is contended that the classification of interests by pound is in the nature of a catalogue to which additions and changes have constantly to be made which is neutral as regards the relative value and priority of the interest enumerated. Poundà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of social engineering has been criticized for the use of the term engineering, which equates society to a factory like mechanism. Law is a social process rather than the result of an applied engineering. Equating society with a factory is also not correct because the former is changing and dynamic in nature whereas the latter is more or less static. Again , poundà ¢Ã¢â€š ¬Ã¢â€ž ¢s emph asis on engineering ignores the fact that law evolves and develops in the society according to social needs and wants for which law may either have develops in the society according to social needs and wants. A general criticism against poundà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory is regarding his use of the word engineering because it suggest a mechanical application of the principle to social needs, the word à ¢Ã¢â€š ¬Ã…“engineeringà ¢Ã¢â€š ¬Ã‚  is used by pound metaphorically to indicate the problems which the law has to face, the objectives which it has to fulfil and the method which it will have to adopt for this purposes. Pound does not give an ideal scale of values with reference to interests. In fact pounds himself has admitted that philosophy has failed to provide an ideal scale of values and that the best that jurist can do is to proceed with the task of adapting law to the needs of his generalization the choice between conflicting ideologies is one for the community at large. Another criticism against his theory is that emphasis on engineering ignores an important part of law which develops and evolves in the society according to social needs the law simply recognises or approves it. This dynamic feature of law is undermined. Pound himself has inserted a certain evaluation by describing the interest in individual life as the most important of all. However, there is a danger of an implicit evaluation in the grading of interests as individual, public or social. What is an individual and what is a social interest is itself a matter of changing political conceptions. Many interests come under different categories. 6. Case Law To see the effect of Poundà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory on interest we can look at the various judgments delivered by our courts giving effect to them. It has been witnessed through the action of Supreme Court in Vellore Citizenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Welfare Forum Vs. The Union of India[14] in which Kuldip Singh J. delivered the judgment that à ¢Ã¢â€š ¬Ã…“even if the industries are of vital importance for the countries progress as they provides employment but having regard to the pollution caused by him, the principle of à ¢Ã¢â€š ¬Ã… ¾sustainable developmentÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã‚ ¸ has to be adopted as a balancing concept between ecology and developmentà ¢Ã¢â€š ¬Ã‚ . In this case the two principles emerged i.e. precautionary principle and the Polluter Pays principle. In a land mark case of Union Carbide Corporation vs. Union of India[15], the Supreme Court laid down the rule of Absolute Liability in which it was held that where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous activity, then the enterprise involved is strictly and absolutely liable to compensate to all those who are affected by the accident. In this case regarding the compensation the Court said that the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation has a deterrent effect for future accident. It can be seen from these judgements that social interest is prevailing in India. Conclusion Law plays an important role in reconciling and adjusting conflict of interests. Both the Social Interest and Individual Interest prevail over each other. Priority is given to all interests. Roscoe Pound has given the concept of Social Engineering for the American Society but this concept is followed by other countries in resolving disputes. India has also followed the same concept in establishing a welfare society. Both Judiciary and Legislators play an important role in enacting the statutes which fulfil the various desires of human being. In this society desires of human being grows and to fulfil their desires new policies, strategy has been developed. Bibliography Dr N. V. Paranjapee, Studies in Jurisprudence and Legal Theory, 6th edition 2011, Central Law Agency C.N.SHANKER RAO, Sociology Primary Principles, 3rd edition 2000, Published by S. Chand Company Ltd New Delhi Braybrooke, E K The Sociological Jurisprudence of Roscoe Pound 5 UWALawRw (1961) Linus J. McManaman à ¢Ã¢â€š ¬Ã…“Social Engineering: The Legal Philosophy of Roscoe Poundà ¢Ã¢â€š ¬Ã‚  33 St.J LwRv 1958 B.N.MANI TRIPATHY, An Introduction to Jurisprudence and Legal Theory,18th edition 2004,Aallahabad Law Agency https://legal-dictionary.thefreedictionary.com/Roscoe+Pound https://www.roscoepound.org/whoisroscoe.aspx https://www.wcl.american.edu/journal/lawrev/10/10-2.cfm https://www.dpcc.delhigovt.nic.in/pdf/vellore.pdf [1] https://legal-dictionary.thefreedictionary.com/Roscoe+Pound visited on 10/9/2014 [2] https://www.roscoepound.org/whoisroscoe.aspx visited on 10/9/2014 [3] Supra at 1 [4] Dr N. V. Paranjapee, Studies in Jurisprudence and Legal Theory, 6th edition 2011, Central Law Agency, pg 71 [5] C.N.SHANKER RAO, Sociology Primary Principles, 3rd ed 2000, Published by S. Chand Company Ltd New Delhi, pg. 155 [6] Ibid at 5 [7] Braybrooke, E K The Sociological Jurisprudence of Roscoe Pound 5 UWALawRw Pg 2 (1961) [8] Linus J. McManaman à ¢Ã¢â€š ¬Ã…“Social Engineering: The Legal Philosophy of Roscoe Poundà ¢Ã¢â€š ¬Ã‚  33 St.J LwRv 1958 [9] Ebid at 8 [10] Dr N. V. Paranjapee, Studies in Jurisprudence and Legal Theory, 6th edition 2011, Central Law Agency, pg 72 [11] B.N.MANI TRIPATHY, AN INTRODUCTION TO JURISPRUDENCE LEGAL THEORY,18th edition 2004,Aallahabad Law Agency, pg 49 [12] Dr N. V. Paranjapee, Studies in Jurisprudence and Legal Theory, 6th edition 2011, Central Law Agency, pg 73 [13] Ebid at 12 [14] (1996)5SCC647 [15] AIR 1990 SC273