What is Christian ethics Research Paper Example

What is Christian ethics Research Paper Example What is Christian ethics Paper What is Christian ethics Paper The term ethics deals with what is morally right or wrong. Christian ethics therefore, deals with what is morally right or wrong for a Christian. There are several distinguishing characteristics of Christian ethics, each of which play a vital role to its analysis. Some Christians will base their ethics solely on the Bible and its teachings, others will base their ethics on the biblical teachings but also on Church tradition and Natural Law, others will follow a Situation or virtue ethics approach and others will look to their conscience as a guide. Christian ethics is based on Gods will and is a form of divine command position. However, God never wills anything contrary to his unchanging moral character. The ethical imperatives that God gives are in accord with his unchangeable moral character. That is, God wills what is right in accordance with his own morals Be Holy because I am Holy. Christians believe the scriptures transmit the Word of God: this gives them authority. The weight of authority given to the Bible is dependent on what exactly a Christian believes about the books. Some Christians believe that humans were inspired by God to write down the scriptures which means the writings are related to the time and culture when they were recorded and may contain human errors. This makes them a useful source of guidance to people but does not make their contents absolute. Others believe the Bible contains Gods words handed down directly to humans. This makes these writings divine and makes them the highest authority their rules and codes are absolute. The New Testament has particular importance for Christians because it records the teachings of Jesus, whom Christians regard as Gods Son sent to earth to save humanity. They also believe it is essential to follow Jesus teachings if they are to be saved. The Divine Command theory is a strong part of Christian ethics as it poses a vital belief the argument is that something is good simply because God commands it and for no other reason. This is one side of Euthyphros dilemma and states that we cannot apply reason or verify it in any way. For example, if God were to command a cruel dishonest action such as murdering an innocent man then it would be right simply because he commanded it. Many Christian thinkers, including Aquinas and more recently William Temple, have rejected the Divine Command Theory because they say some things are innately good or bad. Temple said, In its nature, the moral judgement is quite wholly independent of religion. The Roman Catholic Church accounts for the majority of Christians in the world, and is the largest religious organisation of any religion. Within Catholic theology, Natural Law holds a dominant position. Aquinas has emphasised reason as a tool for showing that certain acts are intrinsically right or wrong, as they go against true purpose; certain absolutes, such as sanctity of life, cannot be changed by the circumstances. The Church encourages a range of different approaches, but when it comes to official church teaching, the vast majority of statements, encyclicals etc. are strongly in-line with Natural Law. Within other denominations, Natural Law theology still has a significant impact. Many Christians adopt deontological positions and think we should act according to Gods design or purpose for our lives. They may be less influenced by Aquinas in this, and Protestants tend to be less sure about moral absolutes. However, there is still a strong sense of following rules within most Christian denominations. Christians believe Natural Law is God-given and as such has authority in the formulation of an ethical code. Catholics also consider that conscience plays an important part in Christian ethical decision-making. Here conscience is not seen as some inner voice which will point us in the right direction but something of reason and judgement. Christians regard their conscience as the ultimate guide for making moral decisions because it was given to them by God and represents the voice of the Holy Spirit within them. Prayer worship and the teaching of the Church also assist the conscience, which Aquinas described as reason-making moral decisions. Very liberal Protestants may have a situationist approach to Christian ethics. Situation ethics presumes it is not necessary to abandon moral autonomy, nor is it necessary to act in an antinomianistic or legalistic way. In any situation people need to avoid subjectivism and individualism, and to use the moral rules of the community, but they should set these aside if love is better served by doing so, therefore being based on the Christian principle of agape unconditional love. Joseph Fletcher explained this theory in his book about situation ethics and it became apparent that he believed that love always takes the priority, even over laws against lying, stealing, adultery and murder. For example, this could be applied in a situation where it would be wrong to use someone for sexual pleasure as there was no love involved. Virtue ethics is also an important source for Christian ethics. Instead of focusing on acts or ends, virtue theory holds that people should think about becoming better people, and prescribes qualities which constitute goodness. So while a utilitarian seeks to bring about the end with the greatest good for the greatest number, and Aquinas encouraged people to do actions which accorded with the natural law and avoid those which didnt, virtue theorists encourage people to look to self-improvement. This links to love as being the highest of all virtues and also the rationale for all virtues but just in different circumstances. The virtues, for Christian ethics point towards the goal for which we aim, even if we do not achieve it in life. In conclusion, it is evident that Christians set out to follow the Will of God. They use various sources of authority to discover what the Will of God is and I have mentioned these different types of foundations of the religion in my essay which has proved that whilst most Christians would recognise them as sources of authority, they are likely to place a different emphasis on their relative importance.

Education Article Summary Lab Report Example | Topics and Well Written Essays - 500 words

Education Article Summary - Lab Report Example Because current assessment methods were receiving criticism, the study finally sought to identify alternatives to the current identification methods. The conflict arose because while the IDEA prior to 2004 had identified several methods to identify the students who had learning disabilities in need of special services, there was no uniform measure by which the states were guided in assessing the severity of the disability. Accordingly, the article found, that there was a severe lack of continuity within the states. For the most part, the states had a common definition for the term SLD. Thus the resulting problem was that in addition to there not being a contiguous method of identifying SLD, the parameters that did exist were arbitrarily ignored. Moreover, it was determined that there was an unacceptable amount of time between identification of the problem and treatment plan for assistance. The author found that the majority polled found that the most favored method of identifying a learning disability was the "response-to-treatment" or "response-to-intervention". This approach begins with teaching and a level of teaching intensity is increased according to the needs of the child.

Bill Evans Essay Example | Topics and Well Written Essays - 1250 words

Bill Evans - Essay Example His inescapable influence on the very sound of jazz piano has touched virtually everybody of prominence in the field after him—as well as most of his contemporaries, and he remains a monumental model for jazz piano students everywhere, even inspiring a newsletter devoted solely to his music and influence. Speaking of influences, during young Evans’ life, it was Harry—his older brother—who was his first influence. Harry was the first one in the family to take piano lessons, and young Bill began at the piano by mimicking him. It was during this time that the idea of doing something in music that somebody hadnt thought of opened a whole new world to him. This idea became the central one of his musical career. Evans mother was an influence, too. She was an amateur pianist who had piles of old music sheets, which the young Bill read through. gaining breadth and above all speed at sight-reading. This enabled him to explore widely in classical literature, especially 20th century composers. He once remarked, and I quote: "Its just that Ive played such a quantity of piano. Three hours a day in childhood, about six hours a day in college, and at least six hours now. With that, I could afford to develop slowly. Everything Ive learned, Ive learned with feeling being the generating force.† He further added that playing Bach a lot helped him gain control over tone and improved his physical contact with the keyboard. Evans received a music scholarship to Southeastern Louisiana University, and graduated with a degree in piano performance and Music Education in 1950. In college, he discovered the work of Horace Silver, Bud Powell, Nat King Cole, and Lennie Tristano, who was to have a profound influence on him. Later, he took postgraduate studies in composition at the Mannes College of Music in New York, where he also mentored younger music students. As a teacher, personal students of

Cult of Hera Essay Example for Free

Cult of Hera Essay Cult of Hera Olympia Hera, queen of the gods, also known as the goddess of the sky, women, and marriage. She has many cults in Greece and is highly worshipped. I am going to focus on her oldest cult, which resides in Olympia. The cult was constructed around 600 BC, in fact it is the oldest temple in Greece. The style of the temple is peripteral hexastyle with six columns on the front and back and sixteen on both sides comprising pronaos, calla and optistodomos. The columns are a little over 15 feet. Originally these columns were made of wood and were gradually replaced by stone. The temple was thought in earlier times to have been dedicated to Zeus and Hera. When the temple of Zeus was completed it was officially only the cult of Hera. There is still an image of Zeus in her temple. In the cella there is Hera seated on a throne and Zeus is standing beside her wearing a beard and an helmet on his head. Only the head of Hera remains. There is also an image of Athena with an helmet on her head as ell as Zeus, carrying a spear and shield. The image of Hesperides was removed out the cult by the Eleans. The people of Megara built a treasury and dedicated offerings in it. The offerings were cedar white figurines inlaid with gold, represented Herakles fight with Acheloos. Other items important to the ancient Greek, such as, Iphitus bronze disk and a carved ivory chest hidden by cypselos, were believe to have been stored in the temple. In later years the cult housed the famous Hermes of Praxiteles. The cult stood for almost a thousand years, until about 300 A. D. References JSTOR: The annual of the British school, Vol. 90 Gate to Greece: Guide to Greece: Peloponnese: Olympia Temple of Hera Heraion Cult of Hera 1: Ancient Greek religion

Bush on Cloning :: essays research papers

Human cloning is the laboratory production of individuals who are genetically identical to another human being. Cloning is achieved by putting the genetic material from a donor into a woman's egg, which has had its nucleus removed. As a result, the new or cloned embryo is an identical copy of only the donor. Human cloning has moved from science fiction into science. One biotech company has already began producing embryonic human clones for research purposes. Chinese scientists have derived stem cells from cloned embryos created by combining human DNA and rabbit eggs. Others have announced plans to produce cloned children, despite the fact that laboratory cloning of animals has lead to spontaneous abortions and terrible, terrible abnormalities. Human cloning is deeply troubling to me, and to most Americans. Life is a creation, not a commodity. (Applause.) Our children are gifts to be loved and protected, not products to be designed and manufactured. Allowing cloning would be taking a significant step toward a society in which human beings are grown for spare body parts, and children are engineered to custom specifications; and that's not acceptable. In the current debate over human cloning, two terms are being used: reproductive cloning and research cloning. Reproductive cloning involves creating a cloned embryo and implanting it into a woman with the goal of creating a child. Fortunately, nearly every American agrees that this practice should be banned. Research cloning, on the other hand, involves the creation of cloned human embryos which are then destroyed to derive stem cells. I believe all human cloning is wrong, and both forms of cloning ought to be banned, for the following reasons. First, anything other than a total ban on human cloning would be unethical. Research cloning would contradict the most fundamental principle of medical ethics, that no human life should be exploited or extinguished for the benefit of another. (Applause.) Yet a law permitting research cloning, while forbidding the birth of a cloned child, would require the destruction of nascent human life. Secondly, anything other than a total ban on human cloning would be virtually impossible to enforce. Cloned human embryos created for research would be widely available in laboratories and embryo farms. Once cloned embryos were available, implantation would take place. Even the tightest regulations and strict policing would not prevent or detect the birth of cloned babies. Third, the benefits of research cloning are highly speculative.

My Dream School

General Certificate of Secondary Education June 2007 ENGLISH (SPECIFICATION A) 3702/2F Paper 2 Foundation Tier Thursday 7 June 2007 1. 30 pm to 3. 00 pm Time allowed: 1 hour 30 minutes Instructions ! Use blue or black ink or ball-point pen. ! Write the information required on the front of your answer book. The Examining Body for this paper is AQA. The Paper Reference is 3702/2F. ! Answer two questions. ! Answer one question from Section A. Answer one question from Section B. ! For Section A, you must have a copy of the AQA Anthology labelled 2005 onwards in the examination room.Section 1 of the Anthology must not contain any annotations. ! Write your answers in the answer book provided. ! Do all rough work in your answer book. Cross through any work you do not want to be marked. ! You must not use a dictionary. Information ! The maximum mark for this paper is 54. ! The marks for questions are shown in brackets. ! You are reminded of the need for good English and clear presentation in your answers. All questions should be answered in continuous prose. Advice You are advised to spend about 45 minutes on each sectionThis section relates to Section 1 of the AQA Anthology labelled 2005 onwards that you have been using during the course. Answer one question from this section on the poems you have studied in Section 1 of the Anthology: Poems from Different Cultures (pages 5-18). You are advised to spend about 45 minutes on this section. EITHER 1 Compare the methods Denise Levertov uses to present a particular culture in eWhat Were They Like? i (page 11) with the methods another poet uses to present a culture or cultures in one other poem from the Poems from Different Cultures.Write about: ! the cultures in the two poems the methods the poets use to present them ! how those methods are similar ! how those methods are different ! which poem you prefer and why. (27 marks) OR 2 How does Sujata Bhatt show that identity (who you are) is important in efrom Search For My Tong uei (page 12)? Compare the methods she uses with the methods another poet uses to show that identity is important in one other poem from the Poems from Different Cultures. Write about: ! identity in the two poems ! why identity is important in the poems ! the methods each poet uses to present identity and its importance. (27 marks) SECTION B: WRITING TO INFORM, EXPLAIN OR DESCRIBEAnswer one question in this section. You are advised to spend about 45 minutes on this section. EITHER 3 Many people are interested in animals. Write an informative article on an animal or animals of your choice. Remember to: ! write an article ! choose language to inform about the animal or animals. (27 marks) OR 4 Teenagers are often criticised in newspapers. Write a letter to the editor of a national newspaper explaining why this is often unfair. Remember to: ! explain what sort of things teenagers are often criticised for ! focus on why it might be unfair to criticise teenagers ! use letter form use lan guage to explain ! use language suitable for a national newspaper. (27 marks) OR 5 Describe your home.Remember to: ! think about what makes a home ! describe the sorts of things which make somewhere a home ! choose language suitable for describing your home. (27 marks) OR 6 Childhood memories can be very important. Choose one childhood memory. Describe the memory and explain its importance to you. Remember to: ! choose a childhood memory ! describe it in detail ! explain why the memory is important to you ! choose language to describe and to explain. (27 marks) END OF QUESTIONS My Dream School My dream school Monday, April 22, 2013 A Dream School in My Mind Have you ever thought about why you are going to school? Or have you ever talked to yourself: â€Å"Oh my God, it’s school time again. † The environment keeps changing all the time. We change houses, jobs, friends and schools. We might often ask ourselves a question: Is there any dream places where we would like to stay? If you have a chance to create a dream school, what is your dream school going to be? In my mind, a dream school is not a place that only teaches students basic knowledge. It should be a place where students can apply the skills they learn.Let’s talk about my schooling experience first. I studied at elementary school for six years, middle school and high school for six year, and university for four years. Under the traditional pattern of education, I realized that in addition to the knowledge from books, I did not get anything during my whole school life. We were taught to follow th e teacher and school’s instructions. We could not have our own ideas and had to face never-ending homework. I hated chemistry and physics. I didn’t understand why I needed to study these two subjects. The only thing I could do was memorized the formula and do the exercises again and again.I thought these subjects would not relate to my future job. This has proved to be true. I cannot remember most of the subjects that I learned in school when I graduated from high school. After college in China, I told myself that I would never go to school again. After the sixteen years of school experience, I was extremely tired. I also imagine my dream school. If I could design my dream school, it probably should be a studio school. What is a studio school? The studio school is the kind of school which breaks away from the traditional education system. The original idea of a studio was from the Renaissance.People learn their skills by working. In the Chinese language, two characters represent the word â€Å"learning†. The first character means to study. The second character means to practice constantly. Studying and practicing are put together. It suggests that learning should mean self-improvement. This comprehension is confirmed by the studio school. There are two main aspects in a studio school. First, students who study in a studio school will be much more motivated and excited than in traditional education. A large number of teenagers are dropping out of school because they are bored in the traditional education system.They don’t like to attend school. They can’t see any relationship between what they learn in school and their future job. On the other hand, employers complain that the students are not actually ready for real jobs. They didn’t have any experiences or the right attitude. Studio school can solve this problem. Every student can attend this kind of studio school. There is no extra cost and no selection. This school allows the students the route into university. The most important part is that most of the curriculum is done not through sitting in a classroom. No grades or competition exists in school. Every class has their own field.One class may focus on creative and media industries, while other ones have a focus on health care, engineering and other fields. Students would decide the specific subject that they like to study. Second, this school puts things like working in teams, and doing practical projects at the heart of learning, rather than on the edges. Students learn best by doing things and learn best in teams. In the studio school, students do the practical projects and work on commission for businesses. Every student would have a coach, as well as a teacher who would have a timetable much more like a work environment in a business.And all of projects will be done within the public system. Students do a lot of real projects in order to prepare much better for real life work today. Sch ool life is one of the most important parts of our life. We spend at almost a quarter of our life in school. The ideas of studio school correspond to the character â€Å"learning† in the Chinese language. We are not only to study, but also to practice. As long as we combine study and practice, learning would be a fulfilling, exciting experience, and students wouldn’t have to dread school. — college student

Baltimore City Department of Social Services v Bouknight and Tarasoff v. Regents of University of California

The fields of social sciences and the legal system have become inextricably linked in response to the development of system processes to aid in problem solving. Each of the fields informs the other, utilizing their respective extensive expertise and knowledge-based literature to address the prevailing challenges in the society. In the desire to address the complex criminality and societal problems that beset the nation, the legal system and the practitioners of social sciences are inevitably linked so that the knowledge base and expertise of one can collaborate with the other and vice versa.The development of therapeutic jurisprudence became an imperative, each field having an impact on the other towards the creation of systemic processes to solve society’s problems. The civil liberties accorded under the Bill of Rights are safeguards against the vast powers of government. Their existence and observance ensure individuals from the undue governmental interference and interventi on. One of these privileges is the right against self-incrimination. In the cases of U. S. v. Doe, (465 U. S. 605) and Doe v. U. S. [487 U. S.201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) â€Å"that the statement be testimonial; b) incriminating; and, c) compelled. † However, in the case of Baltimore City Department of Social Services v Bouknight, the defendant was ordered incarcerated for refusing to disclose the whereabouts of her child who was believed to be abused. The Court ruled that the privilege is inapplicable considering that what was demanded of Bouknight was not testimonial in character.Moreover, assuming that it was, the Court ruled that as between the individual right and public interest; the latter should prevail. The safety and well being of a child is a matter of public interest and therefore Bouknight can be compelled to disclose the necessary information. In the case of Ta rasoff v. Regents of University of California, the Court ruled that a therapist/physician can breach his duty of confidentiality with respect to matters disclosed by his patient in the course of treatment by warning the readily identifiable person of the peril or harm to his life.This duty to warn is countenanced by law or by the code of ethics of physicians. This ruling also serves as an exception to American negligence cases where special relationship of parties must be held to exist. Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988) A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant.Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a â€Å"child in need of assistance† and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A. 2d 1135]. On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination.According to the Court, the p roduction of the son is testimonial in nature because by doing so, it only proves Bouknight’s â€Å"continuing control† over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U. S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The U. S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari.The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-a-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child tak es precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The Fifth Amendment: Right against Self-Incrimination The Fifth Amendment originated from England and derived from the Latin maxim â€Å"nemo tenetur seipsum accusare† meaning â€Å"no man is bound to accuse himself† (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968). In the U.S. , after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include â€Å"in any criminal case† (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, â€Å". . . nor shall be c ompelled in any criminal case to be a witness against himself . . . † (U. S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is â€Å"to protect the innocent and to further the search for truth† [Ullmann v.United States, 350 U. S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for â€Å"the preservation of the accusatorial system of criminal justice. † This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v.Arizona, 384 U. S. 436, 460 (1966); Schmerber v. California, 384 U. S. 757, 760–765 (1966); California v. Byers, 402 U. S. 424, 448–58 (1971)]. The privi lege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony. The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U. S. v. Doe, (465 U. S. 605) and Doe v. U. S. [487 U. S.201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) â€Å"that the statement be testimonial; b) incriminating; and, c) compelled. † According to the court, ‘testimonial’ refers to all communications whether express or implied which â€Å"relate to a factual assertion or disclose information† (Ashby, J. , 2006 citing Doe v. U. S. , 487 U. S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J. , 2006) and is not limited by the forum where it w as elicited, i. e.before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U. S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or â€Å"provides a link to the chain of evidence for prosecution under a criminal statute† [United States v. Hubbell, 530 U. S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to â€Å"circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer† (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U. S. 391(1976)]. Legal and Ethical Issues and their Impact on Social Work Practice The main legal issue in the case of Baltimo re is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992).In other words, the three requisites concurred, i. e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened. The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U. S.Supreme Court (California v. Riegler, 449 U. S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U. S. v. Doe, Fisher v. U. S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoe na have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’ but merely evidentiary United States v. Flanagan, 34 F. 3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-a-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v.Byers, 402 U. S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bo uknight, â€Å"the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting† (Alderman and Kennedy, 1992).In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse.Once it has been established that a child is abused, it becomes the duty of the State to take over and protect. The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in f oster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005).A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with â€Å"Ariel† who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel. Tarasoff v. Regents of University of California, 17 Cal. 3d 425 A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture.It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he so ught professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released.Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case. When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel for â€Å"failing to warn their daughter of an impending danger† (Tarasoff v.Regents of University of California, 17 Cal. 3d 425). At the lowe r court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party. The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed.However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). In fine, the complainants averred four (4) causes of action, namely: a) â€Å"Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public† (Tarasoff v.Regents of University of California, 17 Cal. 3d 425). Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement.As regards the third cause of action, the government immunity includes the â€Å"award of exemplary damages resulting from a wrongful death† and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life.Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). Confidentiality The effective therapeutic relationship between physician/psychiatrist and patient rests largely on tru st that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist.It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril.In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). The parameters of confidentiality are defined by law and by the ethical code of co nduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. â€Å"if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community† (Tarasoff v. Regents of University of California, 17 Cal. 3d 425).It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practi tioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v.Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U. S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm.Subsequent rulings of the court clarified and defined what constituted ‘threat’ as â€Å"imminent threat of serious danger to a readily identifiable victim† and â€Å"specific† (Corbin, 200 7). When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the â€Å"mandated reporting guidelines† required by some states.Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable. Legal and Ethical Implications and their Impact on Social Work Practice The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties.In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2 001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999).This legal duty to warn applies when the threat is specific and imminent and where the victim is â€Å"readily identifiable† (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the â€Å"accepted professional standards† (Bickel, 2001).There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality.Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence f or therapists to accept â€Å"treatment potentially violent patients† (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted. The Tarasoff protective disclosure was even extended recently to include even â€Å"communications made from a patient’s family member† as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008).The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, â€Å"clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes† (Kachigian and Felth ous, 2004). References Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action.First Avon Books edition. Ashby, J. (February 2006). Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779. Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.California v. Byers, 402 U. S. 424, 448–58 (1971). Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4. Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: T he Free Press Doe v. U. S. , 487 U. S. 201, 209 (1988). Fisher v. United States, 425 U. S. 391 (1976). Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal of American Academy of Psychiatry and Law Online, Vol. 23:263-273.Levy, L. (1968). Origins of the fifth amendment: The right against self-incrimination. May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off. ’ ECounseling. American Association of Christian Counselors. Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265. New York v. Quarles, 476 U. S. 649 (1984). Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed. Saltzman, A. and Furman, D. (1999). Law in social wor k practice. Brooks Cole, 2nd edition. Schmerber v. California, 384 U. S. 757 (1966). Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education. Tarasoff v. Regents of University of California, 17 Cal. 3d 425. Ullmann v. United States, 350 U. S. 422 (1956). U. S. v. Doe, 465 U. S. 605. United States v. Hubbell, 530 U. S. 27 (2000).