Floods and subsequent death Essay

Hurricane Katrina formed in the United States in the year 2005, causing floods and subsequent death many people. It is estimated that more than 1800 people lost their lives due to the hurricane. This data makes it the worst in the history of the United States since the year 1928. It is considered to have been the hurricane most costly and deadly in the history of the U. S and was considered a natural disaster. Among the affected places is St. Rita’s nursing home which has let to the trial of the owners Sal and Mabel Mangano. The nursing home was situated in New Orleans in St Bernard parish. It has been build 20 years before the hurricane struck. This home was situated in a depression in the ground. The approximate number of residents of the nursing home was 65 and out of these 35 of them died when the hurricane struck. This has led to the indictment of the owners the Manganos, after investigations were done on deaths at nursing homes and hospitals. Their trial was for negligent homicide where it was alleged that they willfully caused the deaths of 35 people by not evacuation them and also tying them to their beds. However I beg go differ with these allegations and they should not have been convicted for negligent homicide. Nursing Home Establishment Sal and Mabel Mangano were the owners so St. Rita’s nursing home having built it 20 years before the hurricane Katrina. The area where they built the nursing home had patches of terra firma. In marshlands this is a good area and the reason why they had considered it, was because in 1965 during the hurricane Betsy this is the only area that did not flood. In this consideration it means that with the establishment of the nursing home they had considered that incase there was a hurricane, there at St. Ritas it would not flood. This shows clearly that they would not have intentionally neglected their residents to suffer and drown in the floods and the subsequent death hence they should not have been convicted. For this consideration they had in mind that, just like in 1965 the hurricane was not going to affect them and for this reason they did not evacuate but instead they went up their one story building. A Show of Kindness During the time of imminent floods the Mangano’s has intended to safe other people by inviting them to St. Rita’s nursing home among these their staff and relatives as well as their won relatives. The reason they had done this was because they were kind enough and were ready to help other people. If they had a motive of willingly exposing their residents to flood and death they then could not have invited their resident. They had the best intention and they felt that they would not be affected by the floods and thus they did not neglect their residents or even wish for them to die. They had offered shelter to more than 25 people who had gladly accepted since they were exposed to the disaster of the hurricane. Safety Before the worst hurricane happened on 29th of august 2005, the mangano’s felt that everything was alright. They checked and inspected the area which showed that the ground were dry, the parking lot and the roof was also alright. However it is at this juncture that the hurricane struck. Sal mangano had herself gone outside with several other men to inspect the situation and ensure that everything was alright and that the people inside could not be in any danger whatsoever. Meaning they were concerned greatly about the safety of the people who were already inside at St. Rita’s nursing home, they could have done anything to ensure that these people were safe. The Hurricane Katrina Even when the hurricane struck the manago’s did not neglect heir resident in cat they went inside and tried to fortify the windows and the doors in desperation of trying to protect them. All the same a strong wind and a strong flow of water hit the nursing home’s walls and even penetrated inside, rising in the building. The mangano’s alongside their relatives some of them as well as their staff worked relentlessly during this time of the floods and also made frantic efforts to safe the people at the nursing home. This means all this time what they had intended was the good of the people at the nursing home and more than anything they used their judgment with the utmost good intentions of saving the people. Conclusion According to the law in the united sates of America the Louisiana requirement is that an evacuation plan should be in the nursing home but id does not state about being mandatory during an actual o evacuation. The law also recognizes a safe place and allows the nursing home to evacuate to such a place In this context the mangano’s did not willfully ignore these rules because they did everything that they could in fortifying their doors and windows in an effort to make their residents secure and to protect them from harm fro the Katrina hurricane and to protect them from drowning as well. St Rita’s nursing home was for the elderly people and others with special needs. One of the reason s why then mangano’s did not evacuate them is because they felt that by moving the people they would have been doing more harm than good, since most of the frail ones would have suffered or even died in transit. This again comes to show that the mangano’s made one judgment which was in consideration of their residents to protect them more than to harm them. The mangano’s did not at any one time leave or abandon their residents, they were there themselves and they had also invited their relatives and other people to offer them shelter, if they were willingly exposing them to danger they would not have invited their relatives and they also so would have rescued themselves leaving their residents to die. Therefore, the mangano’s used their judgment and safety measures. They felt that this area where the nursing home was situated probably could not be affected by the hurricane. They should not have been convicted of negligent homicide for the above reasons. References: Carrie Khan, Nursing home owners not guilty. 5th December, 2008. http//www. npr. org/templates/story/story. php? storyId=14261612 Dawn Fratangelo, what happened at St Rita’s Nursing Home? 3rd march, 2006. Http//www. msnbc. msn. com/id/11658446 Paul Rioux, St. Rita’s owners say no help was offered before Katrina hit, 15th September, 2005. http//seniorjournal. com/NEWS/Eldercare/5-09-15StRitaNoHelp. htm

Early American Literature Test Atkins 2017 Essays

Early American Literature Test Atkins 2017 Essays Early American Literature Test Atkins 2017 Paper Early American Literature Test Atkins 2017 Paper Essay Topic: Poetry What does the speaker claim at the beginning of To My Dear and Loving Husband? Her relationship is the best that there ever was. Which description from Upon the Burning of Our House shows the speakers belief that faith in God is more important than earthly possessions? moldering dust The speaker of Upon the Burning of Our House reveals her belief that God is protective when she says that God will provide everything she needs Bradstreet uses hyperbole in the first four lines of To My Dear and Loving Husband to exaggerate the truth that she and her husband love each other The speaker of Upon the Burning of Our House learns of the fire when she wakes up during the night and hears people screaming Which line from Upon the Burning of Our House indicates that the speaker misses her home after it burns down? There lay that store I counted best The hope and treasure that the speaker refers to at the end of Upon the Burning of Our House represent eternal life and happiness from faith in God Which of the following is the major theme of Anne Bradstreets poem The Author to Her Book? The parent-child relationship In The Author to Her Book, why does Bradstreet use the metaphysical conceit of an illegitimate orphan to describe her book of poetry? * She feels that the poems were taken from her and thrown out into the world Anne Bradstreet is mainly known for writing poems about all of the following except for politics Which of the following is a recurring theme in Bradstreets work? Puritan belief that one must not become too attached to things of the world Anne Bradstreet is considered the first American poet (true or false) True In Huswifery, the poet compares the speaker to a loom What does the poet of Huswifery use to show that practicing faith is an everyday activity? a metaphor that compares practicing faith to making cloth The speaker in Huswifery hopes to be ready for eternal life In Huswifery, what does the metaphor that compares the speaker with a loom and God with a weaver suggest about Puritan life? Making cloth at home was an everyday activity. Both Bradstreet and Taylor have written poetry that expresses the daily challenges of living in the new world Another common element both Bradstreet and Taylor share is that they use their poetry to express the view that God does not desert people Edward Taylors main profession was minister Although Taylors poems were written in the late 17th and early 18th centuries, they were not available to the public until 200 years later Taylors poems were discovered in this universitys library in 1937 Yale Taylors poems are usually put into 2 groups, Preparatory Meditations and Gods Determinations Only one book of poetry was found amongst Edward Taylors possessions. This book was written by Anne Bradstreet Taylors poems are primarily addressed to God and/or Christ As part of his Meditations organizational method, the poems typically involve 3 faculties of the soulMemory, Understanding, and Will What was the preferred name for communion among the Puritans? The Lords Supper Which of the following forms best describes traditional Native American literatures in origin? oral performance Before the American Revolution, in what language was the largest book printed in any of the thirteen colonies? German Which of the following European navigators did not sail the Atlantic directly to the Americas during the century after Columbuss first voyage? Vasco da Gama Which of the following foods did European colonists bring to the Americas? Wheat, onions, radishes and sugar cane. Among the hundred people on the Mayflower when it landed in Massachusetts in 1620, how many were Separatists? about one quarter Who wrote The Selling of Joseph, one of the earliest antislavery tracts written and published in North America? Samuel Sewall By what means did Native Americans record their experience of European invasion and colonialism? shellwork belts, written texts, and painted animal hides, tepees, and shields What famous work, collecting the literary productions of countless European mariners, was edited by Richard Hakluyt? The Principal Navigations For two centuries after its name was changed to New York in 1664, what language continued to be used widely in public and private life? Dutch Which of the following languages was not spoken by Native Americans in 1492? Tamil Which of the following is an accurate statement about the difference between Native Americans and European colonists in 1492? Unlike most of the Native Americans, the European colonists used a written alphabet Whose writing best typifies early American writing as a literature of witness to the ruthless destruction of Native American cultures by Europeans? Bartolome de las Casas By what means did Cortà ©s seek to justify his invasion of Mexico in violation of directives from Spain? * sending several long letters to Charles V and promising lavish returns if his conquest could proceed. Of what cause did native people begin to die almost immediately after the arrival of Europeans in the Americas? war, enslavement, brutal mistreatment, diseases brought from Europe With what European literary movement came recognition from a Western perspective of Native American verbal expression as a literature? Romanticism Under what condition did Columbus return to Spain in 1500? in chains Which of the following was a type of writing practiced by the prolific writer and clergyman Cotton Mather? moral invectives against the institution of slavery Which of the following is not a primary purpose that colonists sent written texts to Europe? to counter Native American responses to European chronicles of events Which European nation most aggressively expanded its presence in the Americas through colonial conquest? Spain Which of the following is not one of the characteristics of Native American Literature? Ornate and elevated language Which of the following is not one of the Main Purposes of European Explorers Literature? to recruit skilled sailors to crew the increased demand for the number of ships traveling to the New World One of the characteristics of Puritan Literature is that it makes strong use of personification, alliteration, simile, metaphor, and__________________ repetition The Puritans modeled their plain style of writing off of which version of The Bible? Geneva In the earliest of years associated with American Literature, the majority of what was written came from: European Explorers What happened after the Pilgrims discovered that they had landed on Cape Cod? They considered heading for the Hudson River, but were blocked by rocks and rough seas. 2. To what cause does Bradford attribute the weakening of the Plymouth community, starting about 1632? Prosperity With how many ships did the Pilgrims set forth from Holland in 1620? two After establishing their colony at Plymouth, the Pilgrims faced a difficult first winter. How many of the original one hundred survived this first season? fifty Why was the contractual agreement known as the Mayflower Compact necessary? Mutinous members of the company sought to take advantage of the fact that their charter had been for Virginia, and the ship had landed far outside of that jurisdiction. Which person established a mad Bacchanalian settlement at Merrymount that disgusted Bradford with its lewd and shiftless behavior? Thomas Morton Upon their arrival on Cape Cod, what did the Pilgrims find to sustain them in their trials? God and His grace What did the colonists do first when they arrived in North America? fell on their knees and blessed God The First Encounter is the name the colonists gave to their first experience with Native Americans Which detail shows that fairness was a cultural characteristic of the colonists? The colonists repaid the Nauset Indians when they took the Nausets corn and beans Which sentence is the best summary of The Starving Time? Many people died, and the few strong people took care of the weak. Squanto helped the colonists by interpreting for them What problem did the colonists encounter upon their arrival at Cape Cod? There was a lack of shelter in the face of brutal winter conditions. William Bradfords description of the colonists victory in the First Encounter reveals the cultural characteristic that the colonists felt that God protected them in their endeavors Bradford gives special recognition to William Brewster and Myles Standish because they worked tirelessly to care for the people during a period of sickness and starvation What cultural characteristic of the colonists is most evident in this term from the treaty with Massasoit? If any did unjustly war against him, they would aid him; if any did war against them, he should aid them. belief in mutual support Summarize the conditions the Pilgrims faced at the time of the First Thanksgiving. The harvest was small, but game and corn were plentiful. Accounts of real-life historical experiences, written by either a person who experienced those events or someone who studied or observed them are called historical narratives Letters, diaries, journals, speeches, autobiographies, and histories are examples of primary sources Records of events written by people who were not directly involved in the events are called secondary sources Puritanism covered a period from 1550s to 1700 All of the following are lasting effects of the Puritans except for high fashion style The Puritan belief that good was accomplished through hard work, self-reliance, and self-discipline is called the Puritan Ethic William Bradford served as governor of the Plymouth Colony for how many terms? 15 Bradfords Of Plymouth Plantation was lost for how many years? 200 Smith says that the other Jamestown leaders were lazy during times of peace When Smith as the narrator says he built others shelters before he built his own, he is portraying his actions as unselfish Restate The President and Captain Archer not long after intended also to have abandoned the country, which project was curbed and suppressed by Smith. Smith stopped the President and Captain Archer from leaving the colony How was Smith saved from death in Powhatans court Pocahontas offered her life for Smiths The Native Americans were important to the colonists because they brought food to the colonists What is the most likely reason that President Ratcliffe and Martin appointed Smith to oversee the activities outside the walls of the colony Smith worked harder than everyone else The narrators comment the what he carefully provided the rest carelessly spent allows Smith to portray himself as more sensible than the other colonists Smith includes descriptions of the disagreements among the Jamestown leaders because he feels it is better to reveal shame than ignore it Smiths comment that while himself by following sought them victuals means that Smith hunted birds to get food for them What does Smiths description of giving gifts to the Native Americans reveal about His reference to the gifts as toys suggest that he viewed Powhatan and his people as childlike In New Englands Trials, Smith says that how many men accompanied him on his initial journeys? 8 Interpret Thus you may see plainly the yearly success from New England (by Virginia) which hath been so costly to this kingdom and dear to me His journey to the New England area was a waste of his efforts In A Description of New England, Smith says that his purpose is: have towns send their orphans and young married people to settle New England Smiths writing style can best be described as action oriented propaganda By writing about himself in the 3rd person, Smith creates this type of effect on his writing a tall-tale feel One possible reason Smith wrote about himself in the 3rd person, is so that he could gain a higher government position All of the following are themes in Smiths General History except for living a quiet life int the country At 1 point Smith uses 1 of the Native American guides as a shield during a violent encounter. What should this action tell us about Smith? devalued Native American lives John Smith is credited with all of the following excerpt for Survived a fall from a 1000 foot high waterfall After his life is spared, Smith gives Powhatan 2 guns and a grindstone All of the following are reasons Smith considered the journey to America ill-advised except for their boat had several leaks When the Indians decide to spare the colonists, Smith attributes their change of heart to Gods blessing Wingfield, the colonys first president, was removed from office because he hoarded food and tried to escape with one of the ships How many people died within the first four months of the colonys existence? 50 In New Englands Trials, Smith says that Native Americans killed the English because They wanted their weapons and commodities accounts of real-life historical experiences, written by either a person who experienced those events or someone who studied or observed them Historical Narratives the way in which a literary work is put together the arrangement of its parts Structure a type of folktale that features an animal or human character who typically engages in deceit, violence, and magic Trickster Tale A form of autobiographical writing that shares personal experiences as well as observations of significant historical events or people memoir the ideas, details, and social context from the authors time that influence the written work Historical Context Folk tales, myths, fables, and legends passed orally from one generation to the next Folk Literature When a writer writes for one of these reasons: to inform, entertain, express, or persuade purpose materials written by people present at the event Primary sources a traditional story, usually involving supernatural beings that explains how some aspect of human nature came to be Myth a figure of speech that compares 2 things that have something in common Metaphor an indirect reference to a person, place, event, or literary work with which the author believes the reader will be familiar Allusion character types that can be found in literary works from different cultures throughout the ages Archetypes that were once in common use but that are now considered old-fashioned or out-of-date Archaic Language records of events written by people who were not directly involved in the events secondary sources a comparison between 2 essentially unlike things that nevertheless have something in common extended metaphor sentence structure in which the expected order or words inverted syntax a specific kind of myth typically describing how the universe, earth and life began creation myth person(s) who are intended to read a piece of writing audience language that communicates ideas beyond literal meaning of words figurative language messages designed to persuade an audience by creating strong feelings emotional appeals

Strategic Business IT Usage Essay Example | Topics and Well Written Essays - 1500 words

Strategic Business IT Usage - Essay Example Positive results have already been observed due to the organization's initiative in the utilization of information technology in the country. Farmers have been able to maximize their produce through the different information that they obtain from telecentres ("Southern Africa," n.d.). The internet encourages global marketing and promotion, however remained explored by the community thus farmers are but confined to the selling of their goods locally. They were not equipped with sufficient information on maximizing the use of the internet to optimize returns eventually leading to a sustainable production. Zambian community may be considered an amateur in the field of information technology. They have not yet been equipped with adequate information regarding the maximization of IT in business strategies. Conversely, there may have been a number of the Zambian community who are aware of such yet they do not have the necessary knowledge and skills, as well as equipments that are significant in this advancement. This need must be addressed appropriately in order to optimize the positive results that the Zambian community has been experiencing lately through the use of information technology. One important aspect in sustaining a business is to develop a wide range of market for which it will be able to move freely and competitively. With the help of the world wide web through the internet, farmers and businessmen in Zambia will be able to obtain various information on increasing their profits and productivity. Extensive IT training and use is deemed appropriate in this situation in order to deal with this need. The training that will be provided for in the group will include the use of the different internet sites in which farmers and businessmen can promote and market their produce and products. They will be provided with sufficient knowledge and skills in which they will use successfully in order to attain sustainability and larger profit. Q3. What is your intended general research approach style and method For this research, it is necessary to find out how much does the Zambian community know about information technology. The extent in which the Zambian community utilize the different aspects of IT must be identified in order to locate in which aspects of the field are they not well familiar with, as much as the areas in which they do not know of. The project requires that there should be an intensive research done on the number of entrepreneurs, as well as small scale farmers, who utilizes the World Wide Web as a marketing medium for the promotion of their products. Ones the group is identified, they will also be asked regarding the areas in the use of information technology that they are well aware of. A set of questionnaires that will address to these needs will be distributed among various them that are identified to be the ones significantly affected by the development of IT. The respondents of this study

Explaining the assertions in the quotation in your own words Essay

Explaining the assertions in the quotation in your own words - Essay Example In other words, the quotist asserts that a tyrant does not need to face an electorate to approve his leadership, since it is authoritarian. On this note, the author asserts that in a democracy, politicians use languages that are polite, and convincing to lie to the people on the importance of their policies, and why they ought to take office. In his own opinion, in a democracy, there is no honesty, and people take power through dishonest means, for purposing of advancing their own agendas, at the expense of the citizens of the state. The author also asserts that, in a democracy, a leader is praised by the same crowd when he is doing good, and his failures unknown. Immediately his failures are known, he faces hostility from the same crowd that praised him before. On this note, the author asserts that in a democracy, in as much as leaders are not honest, people are also not honest. They are unstable in their minds, concerning a particular leader, or policy, and on this note, they do not know what they need. Their needs are only defined by those in authority. The author further asserts that the people of Thebes cannot manage democracy. He is of the opinion that, the people cannot form true judgments, and therefore lack the ability to govern a state. He also asserts that, people in Thebes are so much pre-occupied with economic benefits that they do not put their minds on politics. On this note, the author asserts that democracy gives an opportunity to a person with no values and morality, to take office. The person depends on his wealth, and once in office, he will serve his own interests. Some of the assertions on this quote are right, and some are wrong. For instance, the assertion that in a democracy a ruler must consult in order to enact a policy is true (Tilly, 51). Democracy provides an opportunity to the citizens of the state, to engage themselves in the governance of their state (Kraut, 41). In a democracy, people choose their

SURVEY BASED ON AN ETHNOGRAPHY DESIGN Essay Example | Topics and Well Written Essays - 1250 words

SURVEY BASED ON AN ETHNOGRAPHY DESIGN - Essay Example If we can identify such conditions, it is possible to take steps to both, manage an effective cure, and prevent further incidents of these illnesses. For this reason, we are attempting to identify what possible areas of child nutrition need to be addressed. In an attempt to understand the possible sources of malnutrition in young children, we request all parents who have minors at home to participate in this study. All you are required to do is to fill out the attached questionnaire to your best knowledge. Your names are not required, as this assures the confidentiality of individual findings. If the study finds any cause for concern, your local health services will be intimated so that quick preventive measures can be taken. We thank you for your time and participation. Part I: B Questionnaire 1. Case no.______________ 2. Age of child:_____________ 3. Weight of child: _____________ 4. Height of the child: _______________ 5. Is the weight within the limits of the child's age norm? a. Yes b. No If no, then is the child: Underweight Overweight 6. Is the child suffering from any respiratory trouble at the moment? a. Yes b. No If yes, please describe the complaint: _____________________________________________________________________________________________________________________________________________________________________________________________ 7. ... Does the child eat adequately each day? a. Yes b. No If No, please explain. ______________________________________________________________________________________________________________________________ 9. Please indentify which of the following foods you child eats adequately on a daily basis. a. Fruit and Vegetables i. Not at all ii. 1-2 serving iii. 3-4 servings b. Rice / Grains i. Not at all ii. 1-2 serving iii. 3-4 servings c. Meats / Pulses and Lentils i. Not at all ii. 1-2 serving iii. 3-4 servings d. Dairy products i. Not at all ii. 1-2 serving iii. 3-4 servings e. Breads i. Non processed _______ servings ii. Processed ________ servings 10. Please describe a typical meal eaten at your home (what items are cooked; and in what manner?) ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________ 11. Are there particular items that the child refuses to eat / is not allowed to eat? _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 12. Does the child have any food allergies? a. Yes b. No If Yes, please mention:

Management and Organisational Behaviour Essay Example | Topics and Well Written Essays - 2250 words

Management and Organisational Behaviour - Essay Example It deals with the understanding of thoughts, feelings and behaviors of the members; the interactions being necessary in an organizational context towards achievement of organizational objectives (Martin & Fellenz, 2010, pp.9-14). Human behavior at work has been studied by researchers since early times and the concept of behavioral approach implies that human resources are the major contributors in the output of a business. Gradually with time several approaches towards understanding the human behavior have been focused for enhancing the performances of business organizations (Gupta, 2009, pp.24-25). It has been studied that several external factors may affect the organizational processes and internal behavior. These factors may also include the global economic movements, the regulations of government, alterations in technology and culture or other environmental issues (Capitalism and organizational behavior, n.d., p.11). In case of the UK, it has been obtained that the booming econom y that was prevailing in the nation was collapsed by the impacts of the recent global recession, thus affecting the organizational performances and behaviors as well. This report would primarily focus on the effects of the recession on the UK business organizations and find out the modifications in behavior approach that might benefit the firms, based on a case study of a Kingfisher plc. Impact of Recession on the UK economy and Organizational Behaviors: Until the latter part of the last decade the economy of the United Kingdom seemed to be in a period of endless boom. Levels of unemployment were relatively low, house prices were rising pretty quickly and people seemed to be reaping the rewards.  However, the Credit/Liquidity Crunch and subsequent recession brought this to a crashing halt and a number of organizations have subsequently gone into administration / receivership and many more have had to tighten their belts and cut costs just to survive.  The UK economy was to a gre at extent dependent on the services of finance and business particularly in the last decade. With an assumption that growth would take place inevitably, the government of the nation had an increased rate of debt, implying the recession to have had a severe impact on the economy of the country (Killick, 2008). The crisis in the UK was mainly realized in the financial sector, which represented the most active business area for the country. The rest of the economy was thus subsequently affected. The financial calamity had developed into a credit crisis that had severe impacts on the business organizational performances affecting their abilities. Also, the consumers’ capability to borrow and purchase was affected and declined to a great extent. The availability of finances from the public also started getting limited thus impacting the â€Å"ability of the UK government to use fiscal policy to combat the crisis† (Killick, 2008). A very significant consideration in this con text of study relates to the association between the recession and the behavior among organizational members. Recession impacts the motivation of the human resources primarily with respect to unemployment. The issue of unemployment as a consequence of economic crisis also focuses on the welfare of the employees as well as motivation. The Expectancy theory of organizational behavior, reflecting focus on individuals, facilitates the understanding of members’ ability to motivate themselves during the periods of recession (Sinclair, 2010). Countries like the UK have been found to manage the circumstances of recession through cost cutting measures that include undertaking administrative and receivership measures or layoffs leading to unemployment. Behavioral

Paramountcy Principle Analysis

Paramountcy Principle Analysis Introduction Section 1(1) of the Children Act 1989 (CA) contains what is commonly referred to as the ‘paramountcy’ or ‘best interests principle’. The section provides: When a court determines any question with respect to— (a) the upbringing of a child; or (b) the administration of a child’s property or the application of any income arising from it,   the child’s welfare shall be the court’s paramount consideration. The paramountcy principle has been a feature of English law for a very long time (Alston Gilmour-Walsh 1996, p3) and from time to time, has been subjected to critical scrutiny (Reece 1996, p 267; Fineman 1988, p727). This essay investigates the extent to which the operation of parental responsibility and the application of the paramountcy principle conflict in private law disputes concerning children. Firstly, I briefly analyse the implications of the paramountcy principle and then I examine the cause of conflict between the application of the paramountcy principle and parental responsibility. In the penultimate section, I proffer an analysis for mitigating the conflict. I make my final observations in the conclusion. Implications of the welfare principle The welfare principle as set out in section 1(1) of the CA requires that the interests of the child are treated as paramount and so the interests of parents or other parties must be subordinated to those of the child. As Lord McDermott explained, the welfare principle, ‘connote[s] a process whereby when all the relevant facts, relationships, claims and wishes of parents, risks, choices and other circumstances are taken into account and weighed, the course to be followed will be that which is most in the interests of the child’s welfare’(Re KD (A Minor) (Wardship: Termination Of Access) [1970] AC 668 at pp710-711). Similarly, the Court of Appeal stated in Re P (Contact: Supervision) ([1996] 2 FLR 314 at p328) that the court is concerned with the interests of the mother and the father only in so far as they bear on the welfare of the child’. This view has been upheld in many other cases (Lowe 1997) like Re O (Contact: Imposition of Conditions) where it was held: It [is]worth statingsome very familiar but none the less fundamental principlesoverriding all elsethe welfare of the child is the paramount consideration it cannot be emphasised too strongly that the court is concerned with the interests of the mother and the father only in so far as they bear on the welfare of the child. Thus, the law’s rendering of the paramountcy principle is individualistic. Hence, the welfare of the child is viewed without consideration for the welfare or interests of the rest of his or her family, friends and community. Parental responsibility and the paramountcy principle Re K D (Minor) (Ward: Termination of Access) ([1988] 2 WLR 398) ) provides a good example of how the individualistic conception of the welfare principle works in actual practice. In that case, Lord Oliver specifically considered the mother’s appeal that the right to access was a parental right protected by article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR) and that to terminate access with her child would result in a breach of her article 8 rights. In deciding the matter, Lord Oliver held: Parenthood [confers]on parents the exclusive privilege of orderingthe upbringing of children of tender age That is a privilege which is circumscribed by many limitations When the jurisdiction of the court is invoked for the protection of the child the parental privileges do not terminate. They do, however, become immediately subservient to the paramount consideration the welfare of the child. The idea of parental responsibility is concomitant with parental rights. Consequently, it has been suggested that the paramountcy principle does not sit well with the idea of parental rights/responsibility because the former is structured along welfarist principles whilst the latter is rights-based. In particular, it has been suggested that the principle goes against article 8 of the European Convention on Human Rights (ECHR) which provides a qualified right to respect for private and family life, the home and correspondence. By encapsulating the rights of both parents and children to private and family life, article 8 appears on its face to come into clear conflict with the CA, which renders the child’s interests paramount. This criticism has become particularly compelling since the implementation of the Human Rights Act 1998 (HRA) which domesticated Convention rights in the UK (Herring 1999b). However, it is possible (and indeed necessary) to expound an analytical framework which allows the recognition of both principles as being important for the survival and development of the child. Reconciling parental responsibility with the paramountcy principle-a rights-based analysis There is a strong consensus among family law practitioners that section 1(1) of the CA, as it is currently interpreted, reflects a predominantly utilitarian or welfarist approach. Stephen Parker in his seminal piece on family law and legal theory has analysed the movement of family law from a rights-based to a welfare-based approach (Parker 1992, p 311). In this regard, it is emphasised that before the HRA was enacted the rights-based model of family law had, been rejected due to the increasing dominance of the child-centred approach advocated by the paramountcy principle in section 1(1) of the CA. However, the CA, since it identifies the welfare of the child as the sole and decisive consideration, does not correspond to classic utilitarianism: it does not seek to arrive at an outcome which, overall, achieves the best result for the family members or others, but only for the child. In other words, it only requires that the child’s welfare should be paramount, rather than by direct reference to the principle of utility whereby actions that maximise the greatest welfare of the greatest number are preferentially singled out (Herring 1999b pp223-35). The paramountcy principle is not strictly welfarist principle as has been argued by many. At the same time it may be pointed out that the ECHR’s approach cannot be said to be fully rights-based. Although the Convention is clearly a classically or rights-based document since it assumes that certain rights and interests are intrinsically valuable and should prima facie be protected, its adherence to a strictly rights approach may be viewed as undermined in respect of the materially qualified articles such as articles 8-11. These articles proffer a qualified rights-based approach, since the qualifications of their second paragraphs allow the rights to be compromised by sufficiently weighty consideration (Mullender 2000, pp 493-516). Thus, although the Convention’s theoretical underpinnings differ significantly from those of the CA, the differences in their approaches and values may be less irreconcilable than some theorists have cared to acknowledge. However, demonstrating that the approaches between the paramountcy principle and the ECHR are not all that much at odds does not resolve the issue. This is because as it is currently conceived and applied, the paramountcy principle is incompatible with the demands of article 8 of the Convention. There is, therefore, a need for a reinterpretation of the principle under section 3(1) of the HRA in accordance with the interpretative obligation under that section, and of the need for taking account of the relevant Strasbourg jurisprudence under section 2. The term ‘paramount’ in section 1(1) of the CA needs to be redefined, but such redefinition need not be radical because the word ‘paramount’ also suggests the notion of ‘pre-eminency’, rather than the meaning the courts have so far given it under the CA, whereby it has in reality meant ‘sole’. However, given the scope for ambiguity that the courts might discover in the term ‘pre-eminent’, the term ‘primacy’ might be more in line with the ECHR’s provisions as well as the jurisprudence of the Strasbourg institutions. The adoption of that term could be viewed as a possible interpretation of the term ‘paramount’ and would obviate the need for a declaration of incompatibility under section 4 of the HRA. This rendering of the paramountcy principle is also in line with article 3 of the Convention on the Rights of the Child which requires that in all actions concerning children, their best interests must be a primary consideration. The use of the article ‘a’ in the Convention suggests that the welfare or best interests of the child are to be considered, but that a number of other factors can also be considered (Alston 1994b). Clearly, these factors include the recognition of parental responsibility. Concluding remarks It is clear from the foregoing that despite its utilitarian foundations, the paramountcy principle can exist side by side with the rights-based approaches required by the application of parental responsibility. A persuasive case may indeed be made for the removal of the primacy principle. However, given the entrenchment of the principle in English law, it is not only desirable but possible to re-interpret the principle in a manner that comport well with the rights-based framework. The extent of dissonance between the two frameworks depends on the extent to which judges and practitioners are willing to accommodate a rights-based approach in dealing with matters that involve the two principles. 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