Victor Frankl and Existentialism Essay Example for Free

Victor Frankl and Existentialism Essay Viktor Frankl, psychiatrist and concentration camp survivor, is the man credited with â€Å"translating existential philosophy to practical reality† (Kottler and Brown, 2000). Frankl was born in Vienna, Austria, in 1905. He studied neurology and psychiatry at the University of Vienna, and in 1940 became director of the Neurological Department of the Rothschild Hospital in Vienna. Before the outbreak of World War II, Frankl had the chance to go to America. He decided to stay in Vienna instead because of something his father had recovered from a synagogue recently destroyed by the Nazisa block of marble bearing the first letters of the Commandment â€Å"Honor thy father and mother that thy days may be long upon the land. † Frankl and his family were sent to Auschwitz in 1942. Frankl was the only one to survive (Scully, 1995). It was in Auschwitz that Frankl began to put together his existentialist ideas. He noticed that those prisoners who created personal meaning from this hellish experience were the ones most likely to survive. Frankl himself came to realize that â€Å"suffering is an ineradicable part of life, even as fate and death. Without suffering and death human life cannot be complete† (Frankl, 1946). In 1946 he published Man’s Search for Meaning, a book titled From Concentration Camp to Existentialism in its German editions. Frankl’s goal for the book is simple: â€Å"I had wanted simply to convey to the reader by way of concrete example that life holds potential meaning under any conditions, even the most miserable ones. And I thought that if the point were demonstrated in a situation as extreme as that in a concentration camp, my book might gain a hearing. I therefore felt responsible for writing down what I had gone through, for I thought it might be helpful to people who are prone to despair† (Frankl, 1946). Frankl continued to work with existentialist theory throughout his life, developing a psychotherapy known as logotherapy. He also continued to write, publishing another 31 books. Frankl died in 1997. Frankl’s ideas regarding logotherapy grew out of the philosophy of existentialism. This philosophy has its beginnings in the writings of Soren Kierkegaard and Martin Heidegger. Existentialist philosophy is difficult to explain, but â€Å"Basically the existentialist assumes that existence precedes essence, that the significant fact is that we and things in general exist, but that these things have no meaning except as we through acting upon them can create meaning† (Holman, 1972). Logotherapy, considered the Third Viennese School of Psychotherapy, â€Å"regards the search for meaning as the primary human motivation. . . . A human being is not a mere puppet of biological, hereditary and environmental forces, but is always free to take a stand toward inner conditions and outer circumstances† (Viktor Frankl Institute). Logotherapy leads patients to discover meaning in their lives in one of three ways: â€Å"(1) by creating a work or doing a deed; (2) by experiencing something or encountering someone; and (3) by the attitude we take toward unavoidable suffering† (Frankl, 1946). â€Å"Logotherapy amounts in nearly all situations to the advice, ‘Get to work. ’ Other psychologies begin by asking, ‘What do I want from life? Why am I unhappy? ’ Logotherapy asks, ‘What does life at this moment demand of me? ’† (Scully, 1995). There are definite difficulties with logotherapy. It is highly intellectual, and therefore not appropriate for those of low intelligence (Kottler and Barton, 2000). It requires a great deal of intellectual energy, even from those with very high IQ’s. It also disregards possible biochemical connections associated with some forms of mental illness. But despite the criticisms, I find existential theory and logotherapy useful as guides for an attitude toward life. I first became interested in existentialism through literature. Then last fall, I read James F. T. Bugental’s Search for Existential Identity and became interested in how something I had studied as literary theory could be used as a method to treat patients. Researching for this paper has led me to the works of Viktor Frankl. Existentialism and logotherapy are two areas I will continue to explore. References Frankl, Viktor. (1946). Man’s Search for Meaning. New York: Washington Square Press. Holman, C. Hugh. (1972). A Handbook to Literature. New York: Odyssey Press. Kottler, Jeffery A. , Brown, Robert W. (2000). Introduction to Therapeutic Counseling. Stamford, CT: Brooks/Cole, Thomson Learning. Scully, Matthew. Viktor Frankl at ninety: an interview. First Things, 52, 39-43. Victor Frankl Institute. http://logotherapy. univie. ac. at/.

Financial Accounting and Managerial Accounting Systems

Financial Accounting and Managerial Accounting Systems Executive Summary Though, financial accounting and managerial accounting systems prepare and analyze the same financial data, they also differ in some aspects. For example the users of the information are different. Also the procedures for their preparations differ including the time frames. Cost accounting is another sphere of accounting that deals with the analysis of costs of products and activities in an organization. It forms a substantial part of managerial accounting since through it, the management can also make decisions. This paper analyzes the similarities a swell as differences between the two. Introduction Management accounting is and accounting system that provides the management with techniques that provide of an organization with information for purposes of internal use like decision making and effective control of the organizations resources. According to Enotes website (2010), procedures in management accounting provide information for decision makers in a company. Contrary, financial accounting procedures provide information to external users like the shareholders of a firm, government agencies, and creditors to the firm. Management accounting reports are usually generated anytime; daily, weekly, monthly, or quarterly. While individuals in an organization decide management accounting methods, financial accounting techniques must conform to external standards like the international financial accounting standards developed by financial accounting standards board (FASB). Cost accounting is often confused with management accounting. Cost accounting involves determining the cost of an activity while management accounting goes beyond to combine multiple management disciplines that contain financial information for internal decision making. Therefore cost accounting can be said to a necessary component of management accounting (Enotes website, 2010). Characteristics of management accounting procedures According to netTOM website (2010), management accounting procedures should posses the following procedures. They should be; Relevant for the purpose, complete, accurate, clear and precise to the manager, timely, communicated through the appropriate channel, less costly to provide and the volume should be manageable. The role of management accounting Management accounting plays the following roles within an organization: Planning: the information provided by management accounting procedures is vital in planning and budgeting processes. This is because such information contains various costs like pricing, product costs and capital expenditures. Control: the management is in a position to see which activities are not conforming to the plan from the reports provided by the management accounting (netTOM website, 2010). Organization: the management accountant can reinforce the organizational framework of the organization by tailoring the accounting structure to the organizational structure. Motivation: the managers and other staff are always motivated by the budgets prepared by the management accountant. Decision making: this is one of the major functions of management accounting procedures. Through the collection and analysis of data, the reports he or she presents to the managers assist in decision making (netTOM website, 2010). Similarities between financial accounting and management accounting Despite the two fields having numerous differences, there also many areas of similarities as specified below; Certification: both fields emphasize on certification. For one to be certified, he/she must pass the exams that are concerned in each field of specialization. Certifications come in form of certified management accounting and certified public accounting (Ehoh website, 2010). Review of historical data: both systems prepare reports basing on historical data review. In financial accounting, this is for comparison purposes of the business between the present and the past, while for management accounting, it is for determining the current performance of the organization and to come up with a business financial forecast of the future (ehow website, 2010). Measurement of the currency: the unit of measurement in generation of reports in the two systems is the currency. The reports generated are thereafter used to give tangible information to business owners or show the financial state of the business. They can also be used to plan and generate the budget for the business (ehow website, 2010). Terminology used: both systems of accounting use similar accounting terminology. E.g. debits and credits are used in both systems to describe the money that goes out and the money that go in to the business respectively (ehow website, 2010). Techniques: the accounting techniques employed by both the systems are basically the same. E.g. the technique that is used to determine the actual cost of the product (ehow website, 2010). Differences between Financial and managerial accounting Although both financial accounting and management accounting provide information to the user for decision making, there are various differences between the two as summarized in the table below. Financial accounting Management accounting Information from Financial accounting system is used by external parties to the organization like the creditors, shareholders etc Information from management accounting procedures is for internal use by the organizational management. Financial accounting reports provide information on financial performance of an organization over a given period of time and the state of affairs for the organization at the end of the period. Management accounting reports are for planning and control activities and also for decision making in an organization. It is compulsory according to the law for limited companies to prepare financial statements. Management accounting reports have no legal requirement. Financial accounting statements are an end to themselves as they dwell mainly on the whole organization aggregating costs and revenues from different departments. Management accounting information can not be an end to a product but rather aid in decision making. Also management accounting may give focus to specific areas and not every department. Essentially, a historical picture of a past operation is presented by financial accounting procedures. In management accounting, both the historical past of the immediate past and a future tool for planning is given. Financial accounting records should be provided for at least a period of 12 months. There is no time limit for management accounting records. The international accounting standards must be followed in the preparation of accounting statement (financial accounts of various companies can be compared). I.e. Generally accepted Accounting Principles must be followed (GAAP). There are no strict rules to govern management accounting record preparation (no need to follow GAAP). The records are used by managers of the organization and therefore there is no need for comparison. A specific format specified by the IAS is to be followed in the preparation for financial statements. There is no specified management accounting format and therefore no specific statements should be produced. The nature of financial statements most often is of financial nature. Management accounting information not necessarily money related. It can also be non-monetary. (NetTOM website, 2010) Types of management accounting reports Since management accounting is a vital part of the planning tool kit, you can find the following managerial reports within SAC:   Variance analysis: this usually determines the standard, projections and actual costs of an activity. One key element to the companys benchmark is the difference between the actual and the standard costs, i.e. how much it can cost to produce the same computer chip by two different computer manufacturers. The organization can analyze its planning processes using the projections or estimate variance analysis. Through variance analysis, there is a special field called bottleneck accounting that examines the relative costs and the variances created through production bottlenecks (lovetoknow website, 2010).   Cost analysis: this is a type of managerial accounting that analyzes the exact cost of a product. This usually starts with finding out the cost of direct expenses like materials and labor. There are other sophisticated management accounting techniques that include analysis of indirect expenses. They include cost projection accounting, calculating opportunity costs and facility overheads. These techniques essentially analyze alternative ways in which the company could have invested the funds (lovetoknow website, 2010). Activity based costing: this type of costing technique analyzes the cost of activities basing on their cost rather than the product. Its advantage is that it allows for deeper analysis of the companys interconnected parts. This method divides products into; Unit- level activities (production of one unit). Batch level activities (cost per batch). Product sustaining activities. Facility sustaining activities. The above report indicates Normal Costing System Per Unite Costs Retrieved from: http://ivythesis.typepad.com/term_paper_topics/management_accounting_report/ Accounting reports prepared on profit performance for a company may also indicate some of the expected managerial accounting duties. The example below was drawn from ABC System Profit Performance. The example that follows indicates normal costing system profit performance. ABC System Profit Performance report retrieved from: http://ivythesis.typepad.com/term_paper_topics/management_accounting_report/ Normal Costing System Profit Performance report retrieved from http://ivythesis.typepad.com/term_paper_topics/management_accounting_report/ A business process like research development can be examined by either total cost analysis and/or cycle cost analysis. This is because both methods analyze the total expenses involved in a business activity. Therefore the two methods are very important n determining the companys profitability (lovetoknow website, 2010). Return on investment: this is a type of cost analysis that includes cost analysis naturally while measuring the direct returns as well as calculating the ratio (lovetoknow website, 2010). Projections: this include future estimate of the organization such as; demand, sales, expenses, necessary resources and the number of required employees. Projections form one of the most complicated areas of managerial accounting because of the difficulty ion predictions caused by inflation, consumer demand and material prices. Therefore, they are built on extensive modeling. Balanced scorecard: this usually includes standard financial measures. These measures include on perspectives of the customer on satisfaction, business process, innovation and perspective on learning (lovetoknow website, 2010). Digital dashboards: these are applications that are designed in the form of a cars dashboard to display critical business information. They provide needed information fat just at a glance. Through them, the manager is able to see the latest data about the company in the companys business contexts (lovetoknow website, 2010). Conclusion Management accounting and financial accounting are two major accounting systems used by various organizations. Despite their use, they are totally different. Whereas financial accounting is prepared after a certain period of time and used by external users, managerial accounting is prepared by the management accountant for internal use of the management and it has no specific format to be used hence no need for comparison with other organizations. The similarities of the two range from mandatory certifications, use of currency, terminology used to similar technology. Examples of managerial accounting reports available are the variance analysis, cost analysis, return on investment, projections and digital dash boards. References Ehow website, 2010: â€Å"Similarities of Financial and Managerial Accounting.† Retrieved on February 15, 2010 from: http://www.ehow.com/about_4853367_similarities-financial-managerial-accounting.html Enotes website, (2010). â€Å"Managerial Accounting.† Retrieved on February 15, 2010 from: http://www.enotes.com/biz-encyclopedia/managerial-accounting Lovetoknow website. (2010). â€Å"Managerial Accounting.† Retrieved on February 15, 2010 from: http://business.lovetoknow.com/wiki/Managerial_Accounting NetTOM website. (2010). â€Å"Financial and Management Accounting.† Retrieved on February 15, 2010 from: http://cbdd.wsu.edu/kewlcontent/cdoutput/TOM505/page11.htm

Catherine Earnshaw Essays -- essays research papers

Catherine Earnshaw   Ã‚  Ã‚  Ã‚  Ã‚  Catherine Earnshaw is the daughter of Mr. Earnshaw and his wife; Catherine falls powerfully in love with Heathcliff, the orphan Mr. Earnshaw brings home from Liverpool. She was born at Wuthering Heights and was raised with her brother Hindley. Catherine loves Heathcliff so intensely that she claims they are the same person but does not marry him because Hindley has degraded him after their father's death so her desire for social advancement motivates her to marry Edgar Linton instead, a neighbour from Thrushcross Grange and he is handsome and rich, another reason for Catherine marrying him. She is quite passionate about Heathcliff though, and does not want to give him up. She becomes ill when Heathcliff and Edgar fight, and dies in childbirth. Catherine is free-spirited, wild, impetuous, and arrogant as a child, she grows up getting everything she wants as Nelly describes in chapter 5, ‘A wild, wicked slip she was’. She is given to fits of temper, and she is torn between her wild passion for Heathcliff and her social ambition. She brings misery to both of the men who love her, ultimately; Catherine’s selfishness ends up hurting everyone she loves, including herself. As a child Cathy was wild and headstrong and her determination enables her to get everything that she wants. Although she only loves Heathcliff, she has a choice between him and Edgar Linton, as he too loves her. She chooses Edgar because of his status, but ends u...

Capital Punishment Essay - The Horror of the Death Penalty :: Argumentative Persuasive Essays

The Horror of the Death Penalty      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The death penalty has existed for well over 4000 years.   In 1728 BC the code of Hamurabe was passed to allow legal execution.   For centuries capital punishment was a public spectacle: states used executions to demonstrate the ultimate consequence of attacking the state.   During the 18th century in England executions attracted tens of thousands of people and in some cases there would be riots.   Also in England the church was allowed to burn people alive at the stake for the crime of heresy.   Under Queen Mary Tutor (the infamous "Bloody Mary") thousands were executed just for not returning to the Catholic faith.   Most of these executions took place in the market place so the public would be aware of what would happen if you decided to follow your own religion.   Many burned at the stake were women and some were even children.   It is ironic that Christianity is built around forgiveness.   Many other gruesome mass executions throughout the ages were performed for minor crimes that today would be classed as mmisdemeanors.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   One of the most vicious methods of execution ever invented was geared not only to inflict pain but to provide a gruesome spectacle for the public.   It was the English punishment for treason.   It is called hanging, drawing and countering.   First you would be dragged to the place of execution on a hurdle. This is a type of sled that was attached to the back of a horse.   You would be hanged to the brink of death before being cut down.   The third stage of the execution is that the persons gentiles would be cut off and burned in front of the body before it was cut from the going to the chest and the intestines would be taken out and also burned, after the body would be cut into four pieces and the head would be displayed for the public.   In one case a man at the point of the hanging took a literal running jump in order to break his neck but unfortunately the cord broke instead.   This caused him to be totally conscious for the rest of the execution.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In some parts of the world executions are still performed in keeping with traditions of the Catholic church.   In the Philippines, since the church believes that Christ died at 3:00 in the afternoon, every execution done in this country is performed at 3:00.   Even more unbelievable is the fact that in some Islamic countries executions are performed as they were throughout history. Under Islamic law there is no difference between the church and the state and

Water in New Jersey Essay -- Environment Environmental Essays

Water in New Jersey Residential, commercial and industrial development is the largest contributors to landscape change in the state of New Jersey. When buildout occurs in one region, development pressure begins in another, virtually insuring the Megalopolis concept of one huge urban corridor stretching between Boston and Washington D.C. Year after year, farmland dwindles, roads become congested, and more residents are left to compete for diminishing natural resources. Desperate measures and newer technologies are incorporated to replace poor planning and lack of vision on behalf of decision-makers caught between competing interests. When the long term health and wellbeing of the established population and the short term gain of a limited number of people compete for vital natural resources there should be no question who's interests should prevail. Water resources tend to be taken for granted in New Jersey and why shouldn't they? Rainfall and runoff from snowfall are plentiful, averaging over forty inches per year. The state is bordered by the Atlantic Ocean on one side and the Delaware River on the other, with reservoirs containing billions of gallons of water, and large underground aquifers in between. It's hard to imagine a shortage of this abundant resource. Under normal conditions, this would be the case, but under drought conditions, as has been experienced throughout the winter of 2001 - 2002, the residents of New Jersey are forced to confront the stark reality of the situation that we may be entering into a severe water supply crisis. Mandatory water conservation and stiff penalties for noncompliance may do what preservation and antidevelopment advocates have been trying to do for decades in the state of Ne... ...ment to New Jersey using water resource concerns as a tool to limit large-scale suburban development. These southern agricultural counties are a unique region where large numbers of people are dependent on valuable groundwater resources to continue living in a healthy environment. References New Jersey Department of Environmental Protection, 1993, New Jersey 1992 State water quality inventory report, chapter IV, 44p. Blair, Russell, 2002, Telephone interview with Cape May County Agricultural Agent, March 5, 2002 New Jersey Farm Bureau, 2002, Statistics obtained at website as of March 5,2002, www.njfb.org New Jersey Department of Environmental Protection, 2002, Statistics obtained at website as of March 5, 2002, www.state.nj.us/dep/watersupply/ United States Geological Survey, 2002, Statistics obtained at website as of March 3, 2002, www.usgs.gov

Assess The Individual In A Health And Social Care Setting Essay

As a part of my role I go out and assess potential residents that are looking to be admitted to the Home where I work. The usual process is that someone telephones or visits, whether it be a Social Worker, a family member, a Health Care Professional from Hospital or the perspective resident themselves. We have an assessment form for this stage we call a Resident Enquiry form, basic details are asked of the potential resident and contact details are noted as well as medical conditions, and a brief overall picture of the person. Once a visit has been arranged or if they happen to come unannounced which is recommended, I give them some information after they have had a look around the Home and asked any questions they may have. The information includes our Home brochure, our statement of purpose, our CSSIW report and Local Authority report and a newsletter. It is extremely important to work in partnership with other agencies involved with the potential resident to be able to provide the right care needed and the right social environment and know their personal choices etc. It should enable a smooth cross over into the Care setting, with all their needs being met and staff are able to get an overview of the resident’s needs as well as their personality, hobbies, character etc. Looking at this unit I have discovered several styles of assessment, the questioning model, which is something I often do when assessing a resident, as I personally feel it can be impersonal sat filling in a form in front of them, as if they have to pass a certain test to be allowed to come to the Home. I prefer to ask, listen, process the information, and then go and fill out the form after I have finished chatting to the resident. This method is however led by me as the service provider; I have to decide if our Home is able to meet their needs as I ask some of the questions that we have on our assessment form that we use. Read more:  Essay About Assess Individual in Health Care I don’t particularly like the procedure model as it appears that the potential resident has to tick all the right boxes to get a place in our care Home. If unsuitable for whatever reason they may feel rejection,  insignificant, upset and worried. The exchange model sounds the best as it puts the person being assessed as the expert and I would like to put an assessment across this way, and ask things like how do you think we as a Home can help you? Etc. The resident should be the most important person in all decisions being made prior to coming into our care Home. They are the ones that are going to be affected, emotionally, physically, mentally, a disruption to their usual daily life, a huge significant change, giving up their own homes, with so many memories and treasures. Our standard resident assessment form – prior to admission, is set out much like our enquiry form but in much more depth, the form is designed as a rough guide of questions to ask prior to assessment to ensure that the Home has the right facilities, environment to meet their needs. Not all of the form is filled in with the potential resident, some questions are asked of the Nursing Staff, family or social worker. I think that when assessing a resident it is important to gain their trust, get to know them and chat about other things not only what is on the form. I like to talk about the Home where I work; describing it, the staff, the Home owner, the dog, the food then let them ask me questions if they wish which they usually do. I try and be as positive as I can about them coming into care, describing activities that take place, the fun we have at Christmas and birthdays, the productions the staff perform for the residents etc. The elderly often think of care homes as the end, defeated, giving up, sadness, etc, I like to help them see things differently if I can, that together we can help them continue to be happy, continue their way of lives as best as we can, that they will never be alone or afraid, that someone is always around if they need them, that they will make new friends etc. When assessing I believe I use a mix of the questioning and the exchange model. Recently I was asked to show a couple around our Home, which I did of course. After looking around the Home I sat and chatted with them answering various questions and taking details off them as they were extremely keen for their relative to come to us as soon as possible. The potential resident was in  hospital and initially the advice give to the family who has no Social services interaction thus far, was to go down that route, get a social worker involved to assess, to offer support with choice of a home, the financial procedures etc. The family were happy with this route as there was no immediate hurry for her to be admitted, she was currently in hospital recovering after a water infection and some dizziness. Two days later the family contacted the Home asking if someone could come and assess their Mum as soon as possible, because after telling their Mum they had visited us and how the Home was, she was very eager to come to us straight away and the Social services had told the family that it may be several weeks for them to come and see and start the process going. The family were afraid the bed we had available might go, that the only involvement they needed from Social services would be to set up a care assessment and a contract of agreed care needed as the financial help would not be required as she would be privately funding herself. I chatted with my Manager who agreed that it was in this lady’s best interest to go and assess her as she wanted to leave hospital and come to us, so after contacting the ward in the hospital to let them know we would be coming to assess Mrs G, we both went to assess her in hospital the next day, which the family were thrilled about. I took the lead in her assessment and asked the nurses on the reception area if I could pleas come and assess Mrs. G and where I was from and my position, they then told us where to go to find her. Mrs G was absolutely lovely; she was really pleased to meet us and asked immediately when can I come to you. We chatted for a while, she said that we could ask her anything and sh e would tell us whatever we needed to know. We talked about where we both lived, about our children, about old Aberdare, how things have changed. She told me she was not going home to her house as she was afraid of being alone and wanted company. We had a few giggles as we shared some funny stories about our families, then I asked her a few questions about her basic needs and abilities. I didn’t write anything down whilst I was chatting with her as I felt it would be rude, I asked her what we could do for her, what she likes to do, what interests she has etc. She was really open about everything and was so pleased to know she could get out of hospital and come to us. She asked me what happens next, when she could come. I said I was going to have a chat with the nurses first, then the home owner then make arrangements for  an admission date if she was happy with that, she of course was. I went to find a nurse that had been looking after Mrs G, I asked how she was as a patient in the hospital, and she said she was a lovely lady, no problem whatsoever, independent though sometimes forgetful, does everything herself, sleeps well, but is at risk of falling. The nursing staff had given Mrs G a zimmer whilst in hospital, and the impression I was give was that they weren’t very keen on their patients moving around in case they fall. I thanked the nurse for her assistance and told her I would be in touch once an admission date had been arranged. I telephoned the Home Owner to ask when it would be convenient for Mrs G to be admitted, if there were any jobs he needed to do in the empty bedroom, he said that she could come whenever she was ready. Mrs G and her family were of course thrilled with this news and an admission date was arranged and the ward staff informed. Two days later Mrs G was admitted to the Home and is still very happy and settled with us. Her early assessment enabled her to come to us within a few days, she was unhappy in hospital in a bay on her own, she knew she couldn’t manage at home and didn’t want to anymore and wanted to get a bed with us, as she was familiar with our Home, she had actually visited some friends of hers that lived in the Home for a while, several years previously. After her admission is when the real paperwork assessments and care plans, risk assessments take place, the personal history forms, care profiles, likes dislikes etc all have to be completed. This was all done with Mrs G present and asking her opinion on what was put in place for her. You will see by her care plans that I recommended she be weighed regularly as she was really small, 5 stone on admission and not a great eater, I later recommended if things deteriorated she be referred to a dietician, which she has since being admitted. Her daughter and she agreed she no longer needed a zimmer frame; she now walks without one and is perfectly safe and able to do so. She does forget to wash and dress, she does like to stay in her room some days, she might forget to wear underwear, she likes to walk up and down the stairs unaided and go back and fore to her room and the garden whenever she likes, which is all ok, it is all accounted for in her care plans and  risk assessments and she is happy and settled and her family are happy too.

Process of law Essay

According to the law, no person is to be deprived of life or liberty without the due process of the law.   Due process in this sense does not only refer to the adherence to certain procedural rules such as the Miranda Rights or the presentation of a warrant of arrest.   Due process is basically a two-fold rule because it involves substantial and procedural aspects.   As discussed, procedural due process is not enough.   There must also be substantial due process which is used to justify the deprivation of life or liberty. This rule is applicable not only in criminal or civil proceedings in front of the Courts of Justice.   As has been held in the cases of Goss vs. Lopez (419 U.S. 565) and Wisconsin v. Constantineau (400 U.S. 433) (1971), the due process of law applies equally to administrative proceedings.   As so eloquently stated in the case of Wisconsin v. Constantineau (400 U.S. 433) (1971), â€Å"[T]he right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society.†Ã‚  (Wisconsin v. Constantineau 400 U.S. 433). For a clearer understanding, this principle will be applied to criminal case and then compared to the administrative process.   In certain criminal cases, the problem with regard to due process may lie in the fact that while the procedural due process aspect may have been satisfied by making a valid arrest, the substantial aspect may be left wanting due to the lack of any evidence, circumstantial or direct, that can be used as the grounds for making of such an arrest. In administrative cases, due process is also applied, especially when it deals with a â€Å"grievous loss.†Ã‚   This is applied to disciplinary cases that involve the loss of certain rights and privileges.   In fact, in certain cases, due process has been said to apply to any situation wherein there is a diminution of legally provided benefits.   As seen in the case of Goss vs. Lopez (419 U.S. 565), which involved the suspension of a student for ten (10) days without any hearing, the Supreme Court ruled that this was unconstitutional for being a violation of the Fourteenth Amendment of the United States Constitution.   The Supreme Court declared that though it was a school hearing, such was considered as an administrative hearing that warranted the application of the due process clause. In another case, Wisconsin v. Constantineau 400 U.S. 433 the Supreme Court ruled on the issue the posting of notices on the sale of intoxicating liquors and the authority of the police chief to authorize such an act.   The Supreme Court in this case also decided that due process required that hearing and notice was needed before such a regulation was to be imposed.   Due process means that the law hears before it condemns.   It was therefore required that procedure be strictly followed to allow people to protect their honor and reputation. When the forefathers drafted the constitution, they had in mind a fine balance between the rights of individuals and the public good.   It was recognized even during that time that there are certain things that are necessary in order that the greater good for the public can be protected.   By unduly restricting the power of officers of the law to uphold the law, the efficacy of such laws may be hampered and the rights of the public may not be sufficiently protected.   In order for the rights of the public to be duly protected, it is necessary therefore that due process be observed.   As mentioned, the law that the forefathers envisioned is one that hears before it condemns. Given the power that the government is provided, there is a necessity of placing certain restrictions.   This may come in the form of the bill of rights or the due process clause as contained in the Fourteenth Amendment of the United States Constitution.   It does not matter whether it is a criminal case or an administrative case, the important thing is that once the issue involves a deprivation of rights and privileges that a person has been entitled to due process must be strictly observed.   Cases Cited: Goss vs. Lopez (419 U.S. 565) Wisconsin v. Constantineau (400 U.S. 433)