Hunger Strike Prisoner - Free Essay Example

Sample details Pages: 11 Words: 3188 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Imprisonment and Human Rights Discuss the appropriate response to a prisoner who goes on hunger strike. Is it ever justified to force feed a prisoner who refuses to eat? Hunger strike is a dilemma for prison authorities. It is like two sides of a coin, they have to make a choice, to save the life of the prisoners or to let them die. Don’t waste time! Our writers will create an original "Hunger Strike Prisoner" essay for you Create order Prisoners hunger strike has been conducted for years in many parts of the world aimed to reach certain goals, solidarity, political struggle and to express opinions. States have the responsibilities to maintain prison security while at the same time preserving the health and well-being of prisoners on hunger strike. The relevant legal framework on state responsibility in the issue of hunger strike and force feeding is the European Convention on Human Rights, Article 2 on the Right to Life and Article 3 prohibition of torture, and for the United Kingdom Human Rights Act 1998 under the same articles. Other related provision would be Article 8 on the right to private life (ECHR). The duty of the prison authorities to preserve prisoners health and life, including conducting force administering food best described in Leigh v Gladstone (1909). During that period of time the Home Secretary had the obligation and the power to prevent prison suicide including force-feeding prisoner s who went on hunger strike. Suicide, abetting and aiding of suicide was considered a criminal act. Lord Alverstone CJ states that it was the duty of prison officials to preserve the health of prisoners in their custody and that duty extended to force feeding In this case Article 2 prevails under the condition that suicide is an act of crime. In the case of R. , S. , A. and C v. Portugal, the European Commission on Human Rights found that it was certainly disturbing that such along time could have elapsed without the applicants being put under medical supervision There is a fine line to distinguish hunger strike from suicide, and it is not an easy task. Most philosophers argue that suicide can be accomplished by passive means, such as refusal to eat As hunger strike could lead to the possibility of death, it is still a question whether it is an act of suicide or merely an exercise of right of self determination. John Williamss hunger strike categorizations may give a clea r description on the motive and the type of hunger striker. However, he also realizes that placing a prisoner within one of the categories is difficult particularly in analysing the situation when death is a possibility, although not an objective and death is the desired objective. Thus Annas observes that the courts have concluded that a refusal of treatment that inevitably leads to death is not a suicide. The most important example is the 1981 Irish hunger strike where it was carried out to achieve certain objectives and realizing that the result could lead to death. It was clear that the objective of the Irish hunger strikers was to get the political status which they desire, and the primary motive is not suicide. Dolores Dooley-Clarke pointed out an interesting question, if death resulted from prisoner political protest, could it be a suicide or murder? She elaborates that none of the above fits hunger strike categorisation. In the case of Irish hunger strike and other similar prisoner political protest, Dolores Dooley-Clarke suggests that the capacity to plan a hunger strike and state ones intention (à ¢Ã¢â€š ¬Ã‚ ¦) is not characteristics of all suicide attempts-some suicides depend on impulse or diminished awareness of the full implications of the act. Thus, many psychiatrists support the statement that suicide does not fits to the categorisation of hunger strike. Robert Daly, professor of psychiatry at University College, Cork, believes that nothing is achieved or clarified by simply equating hunger strikers with attempted suicides related to schizophrenia or chronic drug addiction. In line with the above statement, British Medical Association states that a hunger strike lead to death cannot be regarded as suicide. Thus, it is tricky to implement the correct treatment to the prisoner who goes on hunger strike where motive could be deceitful. As Annas elaborates, motivation is the most crucial distinction between patients who refuse treatment and prisoners who refuse to eat. Because the latter generally seek either to manipulate the prison system for their own benefit or to commit suicide. If the motive is solely to die due to there is no other alternative method of suicide other than starving himself to death, than the suicidal motive is clear. If that is the case, the prison authorities have the power to intervene and save ones life. This responsibility to prevent prisoner suicides was considered by the House of Lords, in the words of Lord Hope: The duty of those who are entrusted with his custody is to take reasonable care for his safety while he remains in their hands. If it is known that he may engage in self mutilation or suicide while he is in their custody, their duty is to take reasonable care to prevent him from engaging in these acts so that he remains free from harm until he is set at liberty. This duty is owed to the prisoner if there is at risk, irrespective of whether he is m entally disordered or of sound mind. It arises simply from the act that he is being detained by them in custody and is known to be at risk of engaging in self-mutilation or of committing suicide. However, it became a complicated issue since most of hunger strikers have a specific objective, to protest or to change policy and demand their request to be heard or fulfilled by the competent authorities. Prison authorities rely on doctor or medical officer to decide whether the prisoners should be fed artificially, on the other hand, doctors have certain medical ethics not to force-feed them and must respect prisoners autonomy and right to accept or refuse medical care. World Medical Association Malta Declaration declared that force-feeding is a form of inhuman and degrading treatment. Article 5 of the 1975 World Medical Association Tokyo Declaration states that doctors must not undertake force-feeding under any circumstances: Where a prisoner refuses nourishment and is co nsidered by the physician as capable of forming an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of nourishment, he or she shall not be fed artificially. The decision as to the capacity of the prisoner to form such a judgment should be confirmed by at least one other independent physician. The consequences of the refusal of nourishment shall be explained by the physician to the prisoner. Prisoners right to be informed on the risk that may cause from such treatment is protected by Article 8 ECHR. Force-feeding likely to be seen as inhuman degrading and amount to torture due to the painful method carried out in its procedures. During the Greek civil war force-feeding caused horror and led the prisoners to stop the hunger strike, not only it is terrifying but it could also result to death. In recent case, the horrific image of force-feeding again could be seen on the hunger striker prisoners in Guantanamo Bay. As Lawrence Altman st ated, force-feeding is likely to involve dragging the prisoners to the site of feeding, and using physical restraints to present the removal of the feeding tube. Placing the tube may also be tricky and could result in fatal complications should it enter the trachea Taking into account the high stakes place into the shoulder of the medical officer, their ethical integrity must also be protected. The relation between prisoner hunger striker patient and the medical authorities thus become complicated. State has the obligations to preserve ones life and to prevent suicide, and at the same time to respect absolute right of freedom from torture. In the case of Nevmerzhitsky v Ukraine, it was held that there had been a violation to Article 3 of ECHR, the force feeding of the applicant, without any medical justification (à ¢Ã¢â€š ¬Ã‚ ¦. ), constituted treatment of such a severe character warranting the characterizations of torture. The medical necessity of force-feeding emphasize d in this case. Looking into the judgement, it seems that force-feeding indeed can be justified in certain way. The term medical necessity amounted to a way for the prison authorities to place the burden on the medical officers to make the decision. This could be portrayed in the response of Home Secretary, Roy Jenkins (1975) in the case of force-feeding against Ian Brady: The responsible medical officer has decided, on the basis of his professional judgment that Ian Brady should be fed artificially. (à ¢Ã¢â€š ¬Ã‚ ¦) I could not interpose myself between the clinical judgment of a doctor and his patient. The court found that there has been no violation to Article 3 of ECHR in the case of A v Germany. In A v Germany, the commission underlined that force-feeding is even obligatory if an obvious danger for the individuals life exist. Given the obligations of states parties to secure the right to life under Article 2 of ECHR, the commission justified the act of force-feedin g. Personal mentality of the hunger striker thus become a focal point for doctors and physician to determine whether the person has the mental capability to make his own judgment and decision to hopefully end his actions in a reasonable time. In Herczegfalvy v Austria, force feeding of a prisoner was justified on the basis of therapeutic and medical necessity. Mr Herczegfalvy was diagnosed suffering from paranoia querulans, in the view of medical judgement he was incapable to make the decision for himself. Regardless his refusal to consent any medical treatment and examination that would be conducted upon him, the court on the above circumstances found no violations to Article 3 of ECHR against force administering food. Article 3 on prohibition on torture and Article 2 on the right to life (ECHR) conflicted with one another in this matter. In the case of hunger strike, medical treatment plays a key role, it has dilemmas when the treatment contrary to the patients wish, no consent given from the patient, and how far is such treatment could be amounted to violate one person dignity thus subject to inhuman, degrading treatment, and torture. Doctors have freedom to engage clinical judgment to its patients, however as Dolores pointed out, it becomes a dilemma as the freedom of clinical judgment is a two-edged sword: the ethical beliefs of the doctor may conflict with a prisoners patient expressed wishes not to be treated. Prison authorities and medical officers must in any way approach the hunger striker and inform them on the risk for pursuing hunger strike or the risk on force-feeding, here the right to respect the private life (Article 8) should be clearly engaged in situations concerning disclosure of information that will enable individuals to make decisions that may have an impact on their health. In 1981 Irish hunger strike, the British Government decided not to force-feed the hunger striker. Margaret Thatcher refused to give any co ncessions and stated We are not prepared to consider special category status for certain groups of people serving sentences for crime. Crime is crime is crime, it is not political. 10 hunger strikers died to defend their five demands. In Robb v Secretary of State for the Home Department, the wish of the hunger striker, who had a sound of mind and the capacity to understand the risk and the consequences of his decisions, to refuse the medical treatment should be respected. J Thorpe stated: The first principle is that every persons body is inviolate and proof against any form of physical molestation. (à ¢Ã¢â€š ¬Ã‚ ¦) Secondly, the principle of self-determination requires that respect must be given to the wishes of the patient. So that if an adult of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged the doctors responsible for his care must give effect to his wishes even though they do not consider it to be in his interest to do so. In contras to Leigh v Gladstone (1909) case, in Robb case the secretary of state was granted the declarations that medical and prison staff could lawfully abstain from their responsibility from taking force artificial food or prolonging the life of the patient in the basis of the patients refusal to the medical treatment. Here, Andrew Grubb suggested that in view of the above resulted to the decision in Robb case that theres no obligation for the prison authorities to intervene. State has the interest in preventing suicide and preservation of life. In Airedale NHS Trust v Bland refusal of a medical treatment is not a suicide or aiding a suicide. Sir Thomas Bingham M.R pointed out when the patient was adult and of sound mind, a doctor discontinues artificial feeding after three years and the patient dies. Has the doctor aided and abetted suicide? I think the answer plainly is that he has not. In Re:W, the prisoner patient concern with a sound mind has the mental capacity to make decisions on his behalf and therefore his refusal to medical treatment will be respected even if it would lead to his death. As elaborated in the above cases, it was found that the right of an individual to refuse treatment strongly outweighs the interest in the preservation of life. Similar to the above cases, in the United States, Supreme Court of California in the case of Thor v Superior Court held that a competent patient (prisoner) has the right to accept or to refuse medical treatment even at the risk of death. Here, the right to exercise self-determination prevails in a condition of a competent patient. In R. v.Collins and Ashworth Hospital Authority ex p. Brady, Brady argues that the force-feeding was unlawful taking into account that he is mentally competent. As mentioned on the above case laws, a competent prisoner cannot lawfully be force-fed. However, in Bradys case, the hospital experts observation on his mental incapacity j ustified the lawfulness of the force-feeding conducted upon him. Personal motivation, mental capacity, and the consent of the prisoner hunger strikers is the main points that would be taking into account for the prison authorities and the medical staff to make their decision. Force-feeding of the prisoner who goes on hunger strike should be carried out in accordance to the points above. Motivation and sound of mind of the hunger striker determine the objective of such actions to differentiate it from suicide. As in Robb case, the prison authorities and medical staff are avoid from unlawful act for being abstain of conducting a medical treatment in the basis of refusal of prisoner with a sound mind. While in Bradys case, force-feeding was conducted in concern of the prisoners motivation to commit suicide by starving himself to death. In regards to the patients with a sound of mind, the right of self determination prevails, and therefore to administer food in force is not j ustified. However, in certain cases such as Bradys, force-feeding is justified in the basis of preserving ones life. In view of prohibition of torture, it is clear that force-feeding is so horrific thus lead to inhuman and degrading treatment, therefore prison authorities and medical officers should inform the hunger striker patients on the risk of such action. Article 2 on the right to life would only prevails Article 3 on prohibition of torture if theres a definite reason on the basis of medical necessity and the inability of the patients to make a decision for them. In regards of cases where death is the primary objective, such as Bradys, preserving ones life comes first before self determination. The prisoners right to refuse any medical treatment or force-feeding should be respected, nevertheless it should be noted that medical necessity and mental incapacity would play a key role on making the decision to outweigh that right. Bibliography Gudmundur Alfredson and Katarina TomaÃ…Â ¡evski (eds), A Thematic Guide To Documents on Health and Human Rights (The Hague: Martinus Nijhoff Publishers) (1998) Human Rights Watch, Prison Conditions in the Soviet Union: A Report of Facilities in Russia and Azerbaidzhan (New York: Human Rights Watch) (1991) Kieran McEvoy, Paramilitary Imprisonment in Northern Ireland: Resistance, Management, and Release (New York: Oxford University Press) (2004) Human Rights Watch, Africa Watch Prison Project, Prison Conditions in South Africa (New York: Human Rights Watch) (1994) Fran Lisa Buntman, Robben Island and Prisoner Resistance to Apartheid (Cambridge: Cambridge University Press) (2003) John Wadham, Helen Mountfield, and Anna Edmundson, Blackstones Guide to The Human Rights Act 1998 (Oxford: Oxford University Press) (2003), p. 49. Barbara Harvey and John Marston, Cases and Commentary on Tort (4th Edition) (Essex: Pearson Education Limited) (2000) European Conventio n on Human Rights and its Five Protocols, available at https://www.hri.org/docs/ECHR50.html#C.Art8 As cited in R v Secretary of State for the Home Department v Robb [1995] 1 All ER 677, available at https://www.lexisnexis.com/uk/legal/results/pubTreeViewDoc.do?nodeId=TAANAAEACEpubTreeWidth=23% Office of the High Commissioner for Human Rights in cooperation with the International Bar Association, Professional Training Series No, 9 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers (New York: United Nations Publications) (2003), p. 345 Norman L. Cantor George C. Thomas, The Legal Bounds of Physician Conduct Hastening Death in the USA, in Yoram Distein (eds), Israel Yearbook on Human Rights (The Hague: Martinus Nijhoff Publishers) (2000) John Williams, Hunger-Strikes: A Prisoners Right or a Wicked Folly, The Howard Journal vol. 40 no. 3 (2001) George J. Annas, Law and the Life Sciences: Prison Hunger Strikes: Why the Motive Matters, The Hastings Center Report vol.12 no. 6 (1982), p.21-22. Dolores Dooley-Clarke, Medical Ethics and Political Protest, The Hastings Centre Report vol. 11 no.6 (1981) British Medical Association, Medicine Betrayed: The Participation of Doctors in Human Rights Abuses (London: Zed Books) (1998) George J. Annas, Loc. cit British Medical Association, Loc. cit World Medical Association Declaration on Hunger Strikes (1991) (1992) (2006), Article 21, available at https://www.wma.net/e/policy/h31.htm The World Medical Association Declaration of Tokyo, Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment (1975), Article 5, available at https://www.wma.net/e/policy/c18.htm Polymeris Voglis, Becoming a Subject: Political Prisoners during the Greek Civil War (New York: Berghahn Books) (2002), p. 193. David Rose, Scandal of force-fed prisoners, The Obser ver, January 8, 2006, available at https://www.guardian.co.uk/world/2006/jan/08/usa.guantanamo Lawrence Altman as cited by George J. Annas, Law and the Life Sciences: Prison Hunger Strikes: Why the Motive Matters, The Hastings Center Report vol.12 no. 6 (1982), p.22 Nevmerzhitsky v Ukraine , available at https://www.westlaw.co.uk Jenkins, as cited by John Williams, op. cit, p.285 A v Germany, available at https://www.westlaw.co.uk Ibid. Herczegfalvy v Austria, available at https://www.westlaw.co.uk Dolores Dooley Clarke, op. cit, p.7 Jane Wright, Tort Law and Human Rights (Oregon: Hart Publishing) (2001), p. 66 https://www.inac.org R v Secretary of State for the Home Department v Robb , op. cit Ibid. see https://medlaw.oxfordjournals.org/cgi/reprint/3/2/189.pdf As cited in Rosamund Scott, Rights, Duties and the Body: Law and Ethics of the Maternal-Fetal Conflict (Portland Oregon: Hart Publishing) (2002), p. 136

The Benefits Of Marijuana - 1733 Words

The city once known as the spa city will now be known as the â€Å"pot city† and will become the first in all of Southern California to allow large scale marijuana cultivation and sale. Not only will cannabis now be medically used, individuals can now have it for their own uses. With the passing of Proposition 64, adults, twenty-one and over, now have the ability to legally consume and grow marijuana for personal use. Under the proposition, a tax on sale and cultivation of this drug will be levied. With this new legislative act, companies have now taken charge and began the establishment of facilities and organization. These large scale cultivations will be known throughout the Valley. Although there are negative views and ideas on large scale†¦show more content†¦With the approval of their new facility, â€Å"Canndescent officials thanked the city and presented council members with a check for $135,000, the city’s first marijuana cultivation tax revenues.â⠂¬  (USA Today, Kennedy) This shows how much in tax revenue Desert Hot Springs will be receiving from one facility alone. With a added $135,000 incoming a year, overtime, the little town will be prospering in finance. The city would be able to invest money in their police, buildings, and public recreations. Canndescent will not be the only facility approved, although it will bring about $3 million in wages, â€Å"If every facility approved by the city were to open, it could bring in well over $30 million a year in tax revenue.† (USA Today, Kennedy) Compared to the citys current operating budget of around $15 million, all money earned from tax revenue will allow for a surplus of finance. 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Night World Dark Angel Chapter 7 Free Essays

string(52) " and none of them was in the really popular clique\." Gillian felt triumph, wild excitement-and something deeper. An emotion she couldn’t describe because there weren’t any ordinary words for it. David was looking at her, and it was almost as if she could see through his dark eyes. We will write a custom essay sample on Night World : Dark Angel Chapter 7 or any similar topic only for you Order Now As if she could see inside him†¦ see the way things looked to him†¦ What she felt was a little like discovery and a little like deja vu and a little like waking up and suddenly realizing it’s Christmas. Or like being a kid lost in a strange place, cold and bewildered, and then suddenly hearing your mother’s voice. But it really wasn’t like any of those things; it was more. Unexpected welcome†¦ strange recognition†¦ the shock of belonging†¦ She couldn’t quite put it all together, because there was nothing like it in her experience. She’d never heard of anything like this. But she had the feeling that when David kissed her, she’d figure it all out and it would be the revelation of her life. It was going to happen-now. He was moving clser to her, not fast, but as if slowly compelled by something he couldn’t control. Gillian had to look down, but she didn’t move back or turn her face away. He was close enough now that she could hear his breath and feel him. Her eyes shut of their own accord. She waited to feel the touch of warmth on her lips†¦ And then something in her mind stirred. A tiny whisper, so far back that she could barely hear it, and she couldn’t tell where it came from. Tanya. The shock went through Gillian like ice on bare skin. Part of her tried to ignore it, but she was already pulling away, putting a hand up, turning to stare at the window. Not out the window. It was too steamed up now to see anything outside. They were in their own cocoon of whiteness. Gillian said, â€Å"I can’t. I mean, not like this. I mean-it isn’t fair, because you already-and you haven’t †¦ I mean†¦ Tanya.† â€Å"I know.† David sounded as if he’d been hit with ice on bare skin, or as if he’d come up from deep water and was looking around dazedly. â€Å"I mean, you’re right. I don’t know what I was†¦ It just-it was like I forgot†¦ Look, I’m sure that sounds stupid. You don’t believe me.† â€Å"I do believe you.† At least he sounded as incoherent as she did. He wouldn’t think she was a total fool; her facade wasn’t broken. â€Å"I’m not that kind of guy. I mean, it looks like I am, right here, it looks exactly like I am. But I’m not. I mean I never-I’m not like Bruce Faber. I don’t do that. I made a promise to Tanya and †¦Ã¢â‚¬  Oh, God, Gillian thought. And then a sort of inward scream: (Help!) (I was wondering when you’d remember me.) (He made her a promise!) (I’m sure he did. They’ve been going together a while.) (But that’s terrible!) (No, it’s admirable. What a guy. Now say you’ve got to get to school.) (I can’t. I can’t think. How are we going to-) (School first.) Dully, Gillian said, â€Å"I guess we’d better get moving.† â€Å"Yeah.† There was a pause, and then David put the car in gear. They drove in silence, and Gillian sank deeper and deeper into depression. She’d thought it would be so easy-just show David her new self and everything would fall into place. But it wasn’t like that. He couldn’t just dump Tanya. (Don’t worry about it, kid. I have a cunning plan.) (But what?) (I’ll tell you when it’s time.) (Angel-are you mad at me? Because I forgot about you?) (Of course not. I’m here to arrange things so you can forget me.) (Then-because I forgot about Tanya for a while? I don’t want to do anything that’s wrong†¦) (I’m not mad! Heads up. You’re there.) Gillian couldn’t push away the feeling that he was mad, though. Or at least surprised. As if something unexpected had happened. But she didn’t have time to dwell on it. She had to get out of David’s car and gather herself and face the high school. â€Å"I guess-I’ll see you later,† David said as she reached for the door handle. His voice made it a question. â€Å"Yeah. Later,† Gillian said. She didn’t have the energy for anything more. She glanced back- once-to see him staring at the steering wheel. She could see people staring at her as she walked to the school building. It was a new sensation and it gave her a spasm of anxiety. Were they laughing at her? Did she look silly, was she walking wrong somehow? (Just breathe and walk.) Angel’s voice sounded amused. (Breathe-walk-head up-breathe†¦) Gillian somehow got through halls and up stairs to her U.S. history class without meeting another student’s eyes once. There, arriving just as the bell rang, she realized she had a problem. Her history textbook, along with all her notes, was floating somewhere down toward West Virginia. With relief, she caught Amy’s eye and headed toward the back of the classroom. â€Å"Can I share your book? My whole backpack went in the creek.† She was a little afraid Amy might be miffed or jealous at the way she’d run off with David, but Amy didn’t seem to be either. She seemed more-awed-as if Gillian were some force like a tornado that you might fear, but that you couldn’t get mad at. â€Å"Sure.† Amy waited until Gillian had scooted her desk closer, then whispered, â€Å"How come it took you so long to get to school? What were you and David doing?† Gillian rummaged for a pen. â€Å"How do you know we weren’t picking up Tanya?† â€Å"Because Tanya was here at school looking for David.† Gillian’s heart flip-flopped. She pretended to be very interested in history. But she gradually noticed that some of the other students were looking at her. Especially the boys. It was the sort of look she’d never imagined getting from a boy. But these were all juniors, and none of them was in the really popular clique. You read "Night World : Dark Angel Chapter 7" in category "Essay examples" All that would change in Gillian’s next class, biology. Half a dozen of the most popular kids would be there. David would be there-and Tanya. Gillian felt, with a sudden chill, that she might not really care anymore. What did it matter what other people thought of her if she couldn’t have David? But she had a fundamental faith in Angel. Somehow things had to work out-if she just stayed calm and played her part. When the bell rang, she hurried away from Amy’s questioning eyes and into the bathroom. She needed a moment to herself. (Do something to your lipstick. It seems to have gone away somehow.) Angel sounded as puzzled as any human boy. Gillian fixed the lipstick. She ran a comb through her hair. She was somewhat reassured by the sight of herself in the mirror. The girl there wasn’t Gillian at all, but a slender, insubstantial femme fatale sheathed like a dagger in black. The girl’s hair was silky, the palest of all possible golds. Her violet eyes were subtly shadowed so they looked mysterious, haunting. Her mouth was soft, red, and full: perfect, like the mouth of a model in a lipstick commercial. Against the stark black of her clothing, her skin had the slightly translucent look of apple blossoms. She’s beautiful, Gillian thought. And then to Angel: (I mean, I am. But I need †¦ a Look, don’t you think? An expression for when people are staring at me. Like, am I Bored or Slightly Amused or Aloof or Completely Oblivious or what?) (How about Thoughtful? As if you’ve got your own inner world to pay attention to. It’s true, you know. You do.) Gillian was pleased. Thoughtful, absorbed in herself, listening to the music of the spheres-or the music of Angel’s voice. She could do that. She settled the canvas bag on her shoulder and started toward her locker. (Uh, where are you going?) (To get my biology book. I still have that.) (No, you don’t.) Gillian maintained her Thoughtful expression, while noting that heads turned as she walked down the hall. (Yes, I do.) (No, you don’t. Due to circumstances entirely beyond your control, you lost your biology book and all your notes. You need to sit with somebody else and share his.) Gillian blinked. (I-oh. Oh, yeah, you’re right. I lost my biology book.) The door of the biology lab loomed like the gate to hell, and Gillian had trouble keeping Thoughtful pinned to her face. But she managed to walk through it and into the quiet buzz that was a class before a bell was about to ring. (Okay, kid. Go up front and tell Mr. Wizard you need a new book. He’ll take care of the rest.) Gillian did as Angel said. As she stood beside Mr. Leveret and told her story she sensed a new quietness in the classroom behind her. She didn’t look back and she didn’t raise her voice. By the time she was done, Mr. Leveret’s pouchy, pleasantly ugly face had gone from a startled â€Å"Who are you?† expression (he had to look in the class register to make sure of her name) to one of pained sympathy. â€Å"I’ve got an extra textbook,† he said. â€Å"And some outlines of my lectures on transparencies. But as for notes-â€Å" He turned to the class at large. â€Å"Okay, people. Jill-uh, Gillian-needs a little help. She needs somebody who’s willing to share their notes, maybe xerox them-â€Å" Before he could finish his sentence, hands went up all over the room. Somehow that brought everything into focus for Gillian. She was standing in front of a classroom with everyone staring at her-that in itself would have been enough to terrify her in the old days. And sitting there in front was David, wearing an unreadable expression, and Tanya, looking rigidly shocked. And other people who’d never looked directly at her before, and who were now waving their hands enthusiastically. All boys. She recognized Bruce Faber, who she’d always thought of as Bruce the Athlete, with his tawny hair and his blue-gray eyes and his tall football build. Normally he looked as if he were acknowledging the applause of a crowd. Just now he looked as if he were graciously extending an invitation to Gillian. And Macon Kingsley, who she called Macon the Wallet because he was so rich. His hair was brown and styled, his eyes hooded, and there was something cruel to the sensual droop of his mouth. But he wore a Rolex and had a new sports car and right now he was looking at Gillian as if he’d pay a lot of money for her. And Cory Zablinski-who was Cory the Party Guy because he constantly seemed to be arranging, going to, or just recovering from parties. Cory was wiry and hyper, with foxy brown hair and darting fox-colored eyes. He had more personality than looks, but he was always in the middle of things, and at this moment he was waving madly at Gillian. Even Amy’s new boyfriend Eugene, who didn’t have looks or personality in Gillian’s opinion, was wiggling his fingers eagerly. David had his hand up, too, despite Tanya’s cold expression. He looked polite and stubborn. Gillian wondered if he’d told Tanya he was just trying to help a poor junior out. (Pick†¦ Macon.) The ghostly voice in Gillian’s ear was thoughtful. (Macon? I thought maybe Cory.) She couldn’t pick David, of course, not with Tanya looking daggers at her. And she felt uncomfortable about picking Bruce for the same reason-his girlfriend Amanda Spengler was sitting right beside him. Cory was friendly and, well, accessible. Macon, on the other hand, was vaguely creepy. This time the voice in her head was patient. (Have I ever steered you wrong? Macon.) (Cory’s the one who always knows about parties†¦) But Gillian was already moving toward Macon. The most important thing in life, she was discovering quickly, was to trust Angel absolutely. â€Å"Thanks,† she said softly to Macon as she perched on an empty stool behind him. She repeated after Angel: â€Å"I’ll bet you take good notes. You seem like a good observer.† Macon the Wallet barely inclined his head. She noticed that his hooded eyes were moss green, an unusual, almost disturbing color. But he was nice to her all period. He promised to have his father’s secretary photocopy the thick sheaf of biology notes in his spiral-bound notebook. He lent her a highlighter. And he kept looking at her as if she were some interesting piece of art. That wasn’t all. Cory the Party Guy dropped a ball of paper on the lab table as he walked past to get rid of his gum in the trash can. When Gillian unfolded it she found a Hershey’s kiss and a questionnaire: R U new? Do U like music? What’s yr phone #? And Bruce the Athlete tried to catch her eye whenever she glanced in his direction. A warm and heady glow was starting somewhere inside Gillian. But the most amazing part was yet to come. Mr. Leveret, pacing in the front, asked for somebody to review the five kingdoms used to categorize living things. (Raise your hand, kid.) (But I don’t remember-) (Trust me.) Gillian’s hand went up. The warm feeling had changed to a sense of dread. She never answered questions in class. She almost hoped Mr. Leveret wouldn’t see her, but he spotted her right away and nodded. â€Å"Gillian?† (Now just say after me†¦) The soft voice in her head went on. â€Å"Okay, the five classes would be, from most advanced to most primitive, Animalia, Plantae, Fungi, Protista†¦ and Eugene.† Gillian ticked them off on her fingers and glanced sideways at Eugene as she finished. (But that’s not nice. I mean-) She never got to what she meant. The entire class was roaring with laughter. Even Mr. Leveret rolled his eyes at the ceiling and shook his head tolerantly. They thought she was hysterical. Witty. One of those types who could break up a whole classroom. (But Eugene-) (Look at him.) Eugene was blushing pink, ducking his head. Grinning. He didn’t look embarrassed or hurt; he actually looked pleased at the attention. It’s still wrong, a tiny voice that wasn’t Angel’s seemed to whisper. But it was drowned out by the laughter and the rising warmth inside Gillian. She’d never felt so accepted, so included. She had the feeling that now people would laugh whenever she said something even marginally funny. Because they wanted to laugh; they wanted to be pleased by her-and to please her. (Rule One, dragonfly. A beautiful girl can tease any guy and make him like it. No matter what the joke is. Am I right or am I right?) (Angel, you’re always right.) She meant it with all her heart. She had never imagined that guardian angels could be like this, but she was glad beyond words that they were and that she had one on her side. At break the miracles continued. Instead of hurrying out the door as she normally did, she found herself walking slowly and lingering in the hall. She couldn’t help it, both Macon and Cory were in front of her, talking to her. â€Å"I can have the notes ready for you this weekend,† Macon the Wallet was saying. â€Å"Maybe I should drop them by your house.† His heavy-lidded eyes seemed to bore into her and the sensual droop to his mouth became more pronounced. â€Å"No, I’ve got a better idea,† Cory was saying, almost dancing around the two of them. â€Å"Mac, m’man, don’t you think it’s about time you had another party? I mean, it’s been weeks, and you’ve got that big house†¦ How about Saturday, and I’ll round up a keg and we can all get to know Jill better.† He gestured expansively. â€Å"Good idea,† Bruce the Athlete said cheerfully from behind Gillian. â€Å"I’m free Saturday. What about you-Jill?† He draped a casual arm around her shoulder. â€Å"Ask me Friday,† Gillian said with a smile, repeating the whispered words in her mind. She shrugged off the arm on her own volition. Bruce belonged to Amanda. A party for me, Gillian thought dazedly. All she’d wanted was to get invited to a party given by these kids-she’d never imagined being the focus of one. She felt a stinging in her nose and eyes and a sort of desperation in her stomach. Things were happening almost too fast. Other people were gathering around curiously. Incredibly, she was at the center of a crowd and everyone seemed to be either talking to her or about her. â€Å"Hey, are you new?† â€Å"That’s Gillian Lennox. She’s been here for years.† â€Å"I never saw her before.† â€Å"You just never noticed her before,† â€Å"Hey, Jill, how come you lost your biology book?† â€Å"Didn’t you hear? She fell in a creek trying to save some kid. Almost drowned.† â€Å"I heard David Blackburn pulled her out and had to give her artificial respiration.† â€Å"1 heard they were parked on Hillcrest Road this morning.† It was intoxicating, exhilarating. And it wasn’t just guys who were gathered around her. She would have thought that the girls would be jealous, spiteful, that they’d glare at her or even all walk away from her in one mass snub. But there was Kimberlee Cherry, Kim the Gymnast, the bubbly, sparkly little dynamo with her sun-blond curls and her baby-blue eyes. She was laughing and chattering. And there was Steffi Lockhart the Singer, with her cafe au lait skin and her soulful amber eyes, waving an expressive hand and beaming. Even Amanda the Cheerleader, Bruce Faber’s girlfriend, was in the group. She was flashing her healthy, wide smile and tossing her shiny brown hair, her fresh face glowing. Gillian understood suddenly. The girls couldn’t hate her, or couldn’t show it if they did. Because Gillian had status, the instant and unassailable status that came from being beautiful and having guys fall all over themselves for her. She was a rising star, a force, a power to be reckoned with. And any girl who snubbed her was risking a nick in her own popularity if Gillian should decide to retaliate. They were afraid not to be nice to her. It was dizzying, all right. Gillian felt as beautiful as an angel and as dangerous as a serpent. She was riding on waves of energy and adulation. But then she saw something that made her feel as if she had suddenly stepped off a cliff. Tanya had David by the arm and they were walking away down the hall. How to cite Night World : Dark Angel Chapter 7, Essay examples

Doing Business in Japan free essay sample

As a result of learning about the geography, climate, history, religion, cultural rituals, politics, education system, and the role of the family; it will allow a business or business person the insight needed to understand how society functions and the method in which business is conducted. Geography Climate Japan is an island nation that is located across the Japanese Sea. Japan consists of the islands of Hokkaiodo, Honshu, Shikoku, and Kyushu (Yamada Kurashige, 2003). The landscape of Japan is seventy-one percent mountainous (Population Demographics, 2007). Japan is a small country that is situated in the northern temperate zone. Japan experiences the four seasons similar to that of North America. Japan experiences typhoons which are a lot stronger than their sister hurricanes in the Atlantic (Yamada Kurashige, 2003). Religion Over eighty-four percent of the people in Japan observe Buddhism, Shinto or a combination of both. Confucianism from China added loyalty and hierarchy to the mix, and Taoism gave order and sanction to the system of government. We will write a custom essay sample on Doing Business in Japan or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The introduction of Buddhism brought contemplative religious aspects and helped to develop their culture of art and architecture. With the addition of Christianity, western ideas most importantly social justice and reform were infused into society (Long, 1994). Religion is not a large part of the Japanese society, but people will usually practice such holidays as birthdays, weddings and funerals (Japan, 2007). Recent History Japan went through major change during the World War II, when most of their cities and infrastructure was damaged or destroyed. After the war, they drafted a new constitution and the population of Japan began rebuilding the country. In only a few decades, Japan become the second largest economy in the world. In the 1990s, Japan suffered and economic down turn because of scandals and over-investment. The Asian economic crisis of 1998 caused Japan to experience its worst recession since World War II (Japan: History, 2007). From 2003 onward the economy has been improving, even surpassing at one point, that of the United States and E. U. (Economy of Japan, 2007). Current Issues in Japan Political Issues All foreigners entering the country are to be fingerprinted and photographed in a recent effort to fight terrorism. Also, airlines and ships must provide passenger lists before arriving in the country. Some may be very reluctant to have their photograph and fingerprints taken. Passenger lists may be time consuming and costly for cruise lines or freight vessels that wish to enter the country. There is pressure from the United States, for Japan to resume refueling of foreign vessels in the Indian Ocean, however there is much opposition within the Japanese government. This opposition may lead to tension between Japan and the United States. This could lead to some negative consequences for United States-Japan trade. (Chief, 2007). The Japanese government has sent a senior foreign minister to Iran to inquire about the kidnapping of Satoshi Nakamura, a Japanese student, more than a month ago. The Iranian Government is ignoring Japan, forcing the Japanese minister to Pakistan to ask for help in this matter (Official release, 2007). This will only negatively affect Iranian-Japanese relations. Social Issues Twenty percent of Japans population is age sixty or older. At the same time, the country has had a declining birthrate for a few decades. The population of Japan peaked in 2004 and started to decrease afterwards. The reasoning given is that that more women are working and they do not see it necessary to have children. (Japan fertility, 2005). One blogger notes that women may be insecure about having children (Coco, 2006). The shortage of labour will force more older men to stay in the work force as well as force more women into the business world. Economic Issues Japans declining birthrate is a major concern for the Japanese economy. The country needs to maintain a healthy population to keep its economy strong; this is proving very difficult (Atsumi, 2007). One foreseen problem of the low fertility rate is that the already suffering social pension fund could be crippled further (Japan fertility, 2005). The Tax Commission has found that taxes must be raised in order the finance the growing social welfare costs. People in Japan are purchasing portable technology, and the Japanese market is showing a sharp decline in purchase of home computers. With the high costs of home computers and the advances in technology could mean a shift in how people use and access the internet. The companies that produce home computers are now shifting their focus to the developing world (PCs, 2007). Social Organization Family Japanese families moved away from their traditional family structures after World War II when the occupying American forces created a new, Western, family ideology. The father still remains the head of most traditional families in Japan, but there are shifts in how a Japanese family is organized. Women, who would have remained at home to manage the household affairs, are now obtaining employment outside of the household. Since more Japanese women are entering the workforce, the men are being required to take on more of the household and child raising responsibilities (Long, 1994). Another change that has occurred in Japanese society is the idea of the multi-generation family living together. Although common at one time, many elderly people are not living with their families anymore (Family, 2007). Roles of Men and Women Japan was traditional a male centered society. However, shortly after World War II women were legally given equal rights as men. A great change came when women started to work outside the household. Companies in Japan were, and still are, desperate for skilled workers, and with participation of women in the workforce, it helped companies fill their need for workers (Matsui, 2007). Workplace In the workplace, as in other areas of the Japanese collectivist culture, they view themselves as part of a group. Workers are expected to show the utmost loyalty to the firms they work for. Leadership in Japan is not based on a Western values of assertiveness or quick decision making. A good leader in Japan is expected to take the interests of his subordinates into account and create consensus among the group. Seniority within a group is determined by age and length of service, rather than by individual effort and initiative (Genezberger et al. , 1996). Their system of group management rewards the team effort and rarely the individual. Often accomplishments are credited to the entire group and not the individual. Individuals are motivated to participate in group activities and maintain harmony. The pride of the individual or the group is expressed through competition with similar groups in the company or other companies (Long, 1994). Proper Etiquette for Doing Business in Japan Perception of Westerners The Japanese have some common preconceived notions about Westerners. Japanese see Westerners as lacking patience, often interrupting, and being bad listeners. They often see Westerners as being unable to work in teams. They may seeWestern expressions of friendship as insincere. Japanese may sometimes perceive Westerners as being selfish. Business Etiquette Protocol In Japanese culture personal space is highly respected, they are not a tactile people, and they dislike being crowded. In Japanese culture they try to avoid direct eye contact with other individuals. When yawning, coughing, or using a toothpick, they cover their mouths. The pointing of feet at another person is considered to be rude, and is therefore important to sit with correct posture. Criticizing and disrespecting authority openly, and being impatient are seen as disrespectful. In business, the personal relationships are far more important than the business itself. In order to do business with a company in Japan formal introductions, patience, flexibility, and respect are vital. Business cards are very important in Japanese business culture, and business people often carry many business cards. When meeting a business contact for the first time it is important to bow, or shake hands, then exchange business cards. When presenting or receiving a business card one is expected to use both hands and put it in a pocket, above the waist, after carefully reading it. For foreigners, it is common practice to have a Japanese translation on the back of the card (Genezberger et al. , 1996). Men and women are expected to wear are dark and expensive suits. Business women are encouraged to wear conservatively. Business meetings must be scheduled far in advanced. Before the meeting, Westerners should mail or fax a detailed list outlining what is to be discussed. One must establish relationships with middle and junior level managers or they may resent the person for having bypassed them and feel they have been insulted. When visiting a Japanese company it is customary to remove ones jacket immediately upon entering and putting it back on as soon as one leave. The leader of the group should introduce each of the group members in descending order of rank. Visitors are to exchange business first with the Japanese executives and then with subordinates in descending order. In the Japanese culture there is an expectation of receiving a gift at the first meeting. The presentation of the gift can be as or more important that the actual gift itself. Gifts must be given with both hands, and are often rejected a few times before they are accepted. Gifts are not opened when they are received. Certain flowers or potted plants do not make suitable gifts because of the meaning the Japanese associate with them. It is recommended to inform that one informs they are giving a gift beforehand (Roberts. 2007). Socializing Eating Japanese extend their affinity to their groups by socializing outside of work (Long, 1996). Japanese men and women are considered heavy drinkers. Incorrect behaviour while drunk is often forgiven. In Japan it is not expected for one to leave a tip for their servers. In restaurants, where sitting on the group is required, is common practice for men to sit cross-legged and women to sit on their legs or with their legs off to one side. Communication High context High context and low context are two terms used to describe broad differences between cultures. High context cultures are those where the main aspects of the culture are vague and not explicit. Generally collective cultures tend to be high-context, where much of what is being said is non-verbal, and the level of understanding depends on your relationship with the other party. Japan is a prime example of a high context culture (Beer, 2003). â€Å"Face† Saving face means preserving your or someone else’s dignity, self-respect, or good reputation. In cultures that are high-context â€Å"face† is a major characteristic. There are many ways that a person might cause the other individual to lose face. Derogatory remarks, reveling of personal inadequacy, or being forced to compromise a cherished value are ways in which â€Å"face† is broken (Face, 2007). Avoiding a loss of â€Å"face† generally means never saying â€Å"no,† and being politely evasive when conveying disagreement (Face, 2007). Greetings When conducting business in Japan, it is very important to know the proper amount of respect owed to individuals. Japan has a very formal and ritualized culture. Bowing is the Japanese custom greeting. How far you bow depends on your relationship with the other individual (Genezberger et al. , 1996). If you were to be greeted for the first time in Japan, it is recommended that one waits to be introduced, since it can be seen as being rude to introduce oneself. Foreigners may be only expected to bow their head slightly or shake hands (Doing Business, 2007). Practical Considerations Immigration In an effort to counter terrorism, all foreigners will be finger printed and photographed when entering the country. Japan has an agreement with some countries where only passports are required to enter. Foreigner tourists are required to carry their passports at all times. A visa required if one plans on extending their stay over 90 days. It usually takes about two days to a week to obtain a Visa, depending on the situation at the embassy you are applying. A single visa costs 3000 yen to obtain. Certain countries have exemptions from paying fees. (A Guide, 2007). Travel When traveling in Japan it is recommended that one does not travel long distances, because of cost. However, traveling long distance one can travel by train, highway bus, airplane, or long distances ferries. Renting a car is another possibility for travel. Accommodations For single travelers the prices of hotel rooms will vary depending on the traveler’s budget. The price range for inexpensive business hotels would cost between 3,500 and 7,000 yen per day. For more expensive business hotels, or Western style hotels the prices can be from 7,000 yen and above. Adaptation and Survival Public washrooms rarely have toilet paper, so one should bring their own. It is important to ask for a toi, short for toilet, not a bathroom, otherwise one may be directed to a room for bathing. When traveling, it is polite to store your backpack or luggage out of the way of other travelers (Haslam, 2002). Heath Emergencies All households are required to have a survival kit in case of an earthquake. Japan Travel, 2007). English speaking hospitals and services may not be covered by Japanese national health insurance, and could end up costing visitors money (Rogers, 1994). Conclusion Japan is a very collectivist culture and it very apparently in everyday business dealings. To a Western business person business protocol and etiquette may seem very unusual. It is imp ortant to understand that their traditions and customs are deeply rooted in their history. However, Japanese people view Western business practices just as unusual, but they are very accommodating to foreign business people. References