Classical Theory Essay

The Difference Between a Classical Management Theory & a Human Relations Theory by Stacy Zeiger, Demand Media Human relations theory seeks to develop satisfied employees. Classical management theory and human relations theory represent two views of management on the opposite ends of the spectrum. One view focuses on looking at workers solely as a means to get work done, while the other focuses on developing an organization and the behaviors and motivations of employees. Most managers find that a combination of the two theories serves them best in their businesses. Ads by Google Ssangyong Korando Special New Offer On SsangYong Korando From Only R2499p/m. Enquire Online Now! www.ssangyongdeals.co.za What is Classical Management Theory? Classical management theory involves creating multiple levels of workers to improve productivity. Employees at the lowest levels find their tasks overseen by supervisors who, in turn, are overseen by managers. At every level, employees are expected to perform tasks according to specific procedures designed to maximize productivity. In addition, this theory focuses on an impersonal side of business. Employees and managers should not allow friendliness and personal interactions to become involved with the organization. Rules must be followed exactly, and the hiring and firing of employees must relate only to the skills they possess. Pros and Cons of Classical Management Theory Classical management theory is not used in many organizations because of its shortcomings. While some components of the theory, such as designing procedures for completing a task and keeping personal issues out of business, help an organization focus on the job at hand, the theory fails to recognize the differences among employees. When employee feelings and opinions are not taken into account, the business may not grow or may experience high levels of employee turnover as employees fail to develop a relationship with the business and leave in search of a more satisfying job. What is Human Relations Theory? Human relations theory, also known as behavioral management theory, focuses more on the individuals in a workplace than the rules, procedures and processes. Instead of directives coming directly from management, a human relations theory provides communication between employees and managers, allowing them to interact with one another to help make decisions. Instead of giving workers quotas and requiring certain procedures, workers are exposed to motivational and emotional tactics to get them to increase productivity. The focus of this style is creating fulfilled, productive workers and helping workers invest in a company. Pros and Cons of Human Relations Theory While many companies operate based on the human relations theory, this type of management has dangers. Companies risk workers becoming too social or easily swayed by personal emotions and opinions when making decisions, rather than relying on hard data. It may be more difficult to reprimand employees for poor performance or dismiss them once they have become invested in the company. Despite these risks, human relations theory has the potential to increase employee retention rates and productivity. As employees feel more valued by a company, they invest in that company and its greater good.

Closing a person centred counselling session Essay

Explain the importance of closing a session Each counselling session is likely to be emotive which will leave the client vulnerable to the outside world of the counselling room. Since some difficult topics are likely to be discussed and the client is likely to express a variety of emotions, it can be hard to bring a session to an end. Sometimes it can feel that the timing of the endings is insensitive to the clients needs. It is extremely important to summarise accurately and sensitively to confirm to the client that they have been heard. It demonstrates empathy and understanding and it allows for clarification where necessary. Even when a client is aware of the time boundary, they can be so absorbed in talking about something deeply emotional. It is important to re- assure the client that they are welcome to discuss this in more depth at the next meeting. Closing the session gives the client opportunity to confirm practical details for further sessions, such as dates, times, number of further sessions needed. This will define boundaries and make the client feel safe and establish trust that the counselor has a commitment to helping the client resolve their Explain the possible impact of diversity on the use of counselling skills in a session. Prejudice is, for good or ill, a part of our nature. It is instilled in us from birth onwards. All we can hope to do is to combat it, and the first tool in our armoury must be that of awareness. Without this, it is very difficult, perhaps impossible, for the counsellor to explore how it might be influencing the counselling relationship. Difference, prejudice and discrimination are issues that all counsellors need to address as part of their personal and professional development. Counsellor need support and training on these complex issues as this will help the counselor understand the experience of discrimination, as well as explore their own – often unconscious – attitudes to others, based on gender, sexuality, race, culture or mental health, social class, biological sex, gender-role identity, marital status and values and religion.

Competitive Analysis

Competitive Analysis One of the few advantages Japed has over its competitors is that they are t he most welkin hot dog stand in Vancouver. As they were awarded â€Å"Best of Vance feed' 3 years consecutively. Shops located at the YVES airport, Robinson Street, and Richmond d has proven to be very successful towards the company. These locations provide easy ace usability for potential consumers. The airport provides people from all over the world to g Arab a quick bite before their next flight. What better thing to grab than a cultural fusion hot do g a customer has never tried before?The convenience of Japed makes it easier for busy pep el, and hence why the restaurant location is on Robinson . While providing convenience for cue stokers, Japed also brings a unique taste to the market. This unique taste can be thou ought of as an advantage over other hot dog vendors/ restaurants. This differential advantage in culture can attract many consumers roaming around the area. The North Am erican culture e for comfort food usually consists of hamburgers, fries, and most importantly for Japed; hot dogs.This is one of the main reasons why Japed was able to gain its popularity; an teeth nice, distinct, flavors fusion of one of the most loved snacks in North America. The difference between Japed and other hot dog stands are the unique vary ties that they offer. Such as Spading signature hot dog topped with Tertiary sauce e, mayo and seaweed, these are the kinds of ingredients that makes their products unique . The price range of Japed starts from $5 for a simple hot dog $12 for a full meal inch duding its specialty hot dog, fries and a drink.Japed faces numerous competitors in d owe Anton Vancouver and many other food trucks, but with the increase of Japanese rest rants in the area, Sapwood's business has grown significantly. Japed has become very pop alular as the people of Vancouver have grown a love for Japanese cuisine. Other food trucks provide cuisines such as Mexic an cuisine are slightly more pricey than Japed. The price varies around $7 $14, despite the price, although the quantity that is given is also fulfilling, we have found the reputation, value and the taste oft he product Japed offers is on par with or surpasses other food stand competitors.Alone g with the product, Japed has the highest number of food stands in Vancouver, thus gig vying them a location advantage and easy accessibility over its competitors. The countless mount of flavors is also a major advantage that Japed possess. Currently with 13 SP Cecilia and 7 traditional hot dogs, as well as a separate category of fries, Spading menu pr vides customers an abundance of choices compared to other competitors. The main competitors of Japed are the other neighboring street vendors a ND obviously, other hot dog stands.Other vendors that have their own cultural TA set such as Mexican, Greek, Chinese or Persian are also a threat towards them. Fast food restaurants such as McDonald's, Church's Chicken and Wendy are also great threats to Jaw padded. The rice range for a burger in McDonald's is around 5 dollars and the meal is ABA UT 8 dollars and this is one of the reason why Japed is making less profit comparing to chain deed fast food restaurants. Fasted chains such as McDonald's and Wend's have been established for a longer time. They are very welkin to society and that's the greatest competitive a advantage they have.Established competitors usually take advantage of using television com Americas to advertise their new product or even a special package deal. Since Japed is q tie new compared to bigger fast food chains such as McDonald's, their locations are r stricter to only downtown Vancouver and Richmond Birdhouse strain station. They are no t as exposed as other fast food chains that have been around for a longer time. Spading AC accessibility is strictly towards the people roaming around downtown and Richmond Bright use strain station.Even with the excepti onal taste and popularity of Japed, there will be a few downsides. One of the few is that not all people like hot dogs. This difference I n taste may cause slower sales compared to competitors who do not only have hotdogs, but burgers, wraps, or salads. However, during the Winter Olympics that was held in Vance ever, Japed has experienced their busiest time with nearly 1 00 people lining up at one Tim e for the Japanese style hotdogs everyday, showing how they can provide sales with eve n only the menu selection of hotdogs, fries or drinks.In conclusion, after analyzing Spading competitive advantage we can see that t they are continually a very successful local food vendor comparing to other local of odd vendors, but must take further steps in order to grow internationally. Although there are n onerous factors that they must take carefully into consideration in order to further progress t heir business successfully.

Marketing Case Problem Solving Study Example | Topics and Well Written Essays - 500 words

Marketing Problem Solving - Case Study Example The target market for aggressive campaigning should be the garage owners or dealers who are not mechanics; initially they should be educated about the product, since they are not aware about the use of the product. d. The competitors of Duncan industries were using combination of wholesalers and company salesperson. They also used price strategy to boost their sales. Duncan industries can also work on those lines and develop a good strategy so that its price is also very competitive and also try to use a combination of wholesalers and sales personnel to increase its sales. The industry can carry out a SWOT analysis and hence get solutions to its different current problems. The SWOT analysis will provide a solid base as a springboard to categorize succeeding actions in the marketing plan. According to Kotler and Armstrong (2006), product position or distribution as a "set of interdependent organizations involved in the process of making a product available for use or consumption by consumers". Place strategy has to make use of efficient distribution of products within the marketing channels like the wholesalers or retailers. The industry can look for expanding its business in the European markets. But to carry out this it has to look for a joint venture of a good company which has a brand name and is famous too.

What is Entreprenurship Essay Example | Topics and Well Written Essays - 250 words

What is Entreprenurship - Essay Example Therefore, by exploring the behaviours of Branson, there are substantial skills that can be identified in order to determine the definition of entrepreneurship. Branson managed to establish the Virgin Group through targeting the business verticals, which are not run appropriately by other people, and he is motivated by the compulsive desire to do things in a way that he believed they should be done. In this case, there are two traits that have been identified, which are the ability to identify an opportunity, confidence and self-determination. He is also adventurous given that Virgin Company is an adventurous venture, and this has contributed to the spirit of building the brand and the company. The other characteristic of an entrepreneur is breaking rules, which is an attribute, which describes the difference between Branson’s entrepreneurial philosophies. In this case, breaking the rules refers to the willingness to experiment in numerous instances in order to learn a something for the experience. In conclusion, the paper has described entrepreneurship using the Branson’s personal traits as a successful

Managing Knowledge at an NHS Trust Essay Example | Topics and Well Written Essays - 2250 words

Managing Knowledge at an NHS Trust - Essay Example For this change to take place, the management needs to follow a change management process and provide incentives to the employees to stick with this change. Hopefully with this change, Reddix hospital can stand back on its feet and shine once again. Reddix Hospital is a trust hospital under national health services (NHS) in the United Kingdom serving over 900,000 patients in the area. It caters to many different medical fields and hence has to cater to an annual 7000 patients in admissions. With only 200 doctors whose expertise includes breast cancer, cardiovascular diseases, musculoskeletal diseases and pediatrics, the hospital finds itself short on employees and due to the recent nurse shortage, it finds itself unable to cater to all the patients are diligently as it like to. Also due to the inefficiencies and conventional systems, the hospital cannot cope up with the demands of the patients and the employees alike. Being a big hospital, Reddix faces many problems in the daily operations which it tries to address. In all its problems the integration between the departments was considered the biggest challenge. Since the hospital has many different departments that provide specialist information to the customers and as well as other departments, it needs to integrate its systems used in each department like Radiology Information Systems (RIS), Patient Administration System (PAS), Laboratory Information Systems (LIS), Clinical Patient Record (CPR), Pharmacy Systems (PS) and Nursing Systems (NS). Without the proper management and collaborative working, these departments can never truly achieve the desired efficiency and therefore effectiveness. Analyzing the situation, it is apparent that the hospital will needs an overhauling of the entire systems and the processes. Therefore a change strategy needs to be used in the scenario to free Reddix out of the crunch situation. It has to interoperate between the departments. In this context, it means that all business units must work in unison to create synergy and lead the organization to achieve operational efficiency. Recommendations The change process described by the psychologist Kurt Lewin in the early 20th century must be followed here. Let's see how this can be done (Lewin & Gold, 1999). 1) The first part of this change process in the unfreezing of the current norms of the organization. This means to change the people's sense of safety and feel a sense of control. The employees at Reddix have become used to the hospital norms and like that norm to remain the way it is. Breaking this norm is the key to success however due to non-commitment and resistance to change, this break though needs a systematic strategy. First of all the employees at the hospital must be made aware of need for change. This involves sending the employees to seminars, or having meetings where the need for change is discussed (Isaac, 2006). When the employees understand the need for change, then the actual changes must be brought along. 2) After the initial education of the employees, the actual changes must be enforced on the employees by giving them goals and objectives (Fred, 2006). According to the report by National Health Services,

Appeal letter Personal Statement Example | Topics and Well Written Essays - 250 words

Appeal letter - Personal Statement Example In midst of finding my identity and recovering from cultural shock, my grades suffered inevitably. My past is my past. The positive element is to be hopeful about the future. I understand that education is a privilege, not a right. Opportunities are extremely difficult to come by because so many people miss on their first opportunity. However, my goal is to be a better student in all facets and utilize a second chance to harness my academic education. I am dedicating all my time to my academic performance, attending peer tutoring, and have signed up with groups to extend my learning. Socially, I am trying to focus on my cardiovascular health as I heard that it overall stimulates the nervous system and will enhance my mental focus. Lastly, I am enhancing my diet in rich fruits and nuts, the main source of brain power to ensure that I do my best. My only focal point in life is to be a better student. Given an opportunity, I promise to make a second chance my best one

Constructivism Essay Example | Topics and Well Written Essays - 750 words

Constructivism - Essay Example Constructivism is based on how learning takes place. It offers an account on how learners acquire knowledge and not how to acquire it. It can be traced to the periods of the 18th century to philosophers like Giambattista Vico and John Dewey. They argue that ideas came from the social context that manipulates their thinking and coming up with new ideas. It has its roots in philosophy, sociology, education, and psychology. It only helps give solid basics why and how knowledge was passed to individuals. It is characterized by sharing of knowledge between individuals, the environment influences the learners understanding, and social collaborations enable learners to build new concepts. It disagrees with the concept of standardized curriculum, system. It bases its argument on the difference of individual capacities different people are influenced differently by their environments and therefore their knowledge becomes incomparable. Basing a curriculum in the learning system, it results to limiting the reasoning of learners rather than promoting their open minds and encouraging them to interpret, predict and analyze situations. Students should be encouraged to [practice extensive dialogue among them and thereby this enhances their abilities. This develops their courage and motivating them to feel capable of solving challenging problems, and therefore given time, in the future they can be able to handle more competent and complex problems. An instructor in learning is only supposed to give guidelines. and not to give complete details of the subject studied. It is therefore more efficient having instructors rather than teachers in the learning centre’s. According to Dewey learning is an everyday’s thing and one their senses to cultivate meaning from an idea. With times in learning, it gives one the experience to cultivate more knowledge and ideas from existing environs. He also adds that language is of considerable influence to the learning process. Langua ge enhances communication even within oneself and even passing of ideas from one person to another. After learning when one reflects on it, the idea becomes parts of us, inseparable from our lives (Rideout 176). Previous knowledge acquired is also of immense use on that it builds the foundation for further learning activity. The constructivists encourage interactive and collaborative environment for learners since it enables learners to acquire new experience and be able to manipulate objects, ask questions, and experiment on a new thing and even be able to aim at achieving a set goal Collaboration in constructivist learning classrooms encourage learners to get new ideas from their peers. It enhances problem solving and investigations on issues on efforts to come up with a solution. Technology can be used in assisting learners since it offers a variety of information based from different angles. This can be the best module to be used for learning because it encourages application of knowledge, critical thinking, and active involvement in the learning process. They criticize learning process where the teacher acts as a trainer (Poikela and Anna

The Purpose of the Corporation Essay Example | Topics and Well Written Essays - 2000 words

The Purpose of the Corporation - Essay Example The authors assert that although the diverse assumptions of each of the two groups tend to be "logically or intuitively connected to represent it coherent world view, favoring one [group] does not require that we exclude the other." A major purpose of stakeholder theory is to help corporate managers understand their stakeholder environments and manage more effectively within the nexus of relationships that exists for their companies. However, a larger purpose of stakeholder theory is to help corporate managers improve the value of the outcomes of their actions, and minimize the harms to stake-holders. The whole point of stakeholder theory, in fact, lies in what happens when corporations and stakeholders act out their relationships. To this end, we conclude this volume with our view of contributions that stakeholder theory can make to redefine the corporation through a focus on performance measurement. The criticism of stakeholder theory that it cannot define what or who is or is not a stakeholder, as well as the attempts to delimit stakeholders, is perhaps misplaced. In spite of the atomistic nature of early definitions, stakeholder theory embodies in its very nature it relational view of the firm which incorporates the reciprocal dynamics of community, and the theory's power lies in focusing management decision making on the multiplicity and diversity of the relationships within which the corporation has its being and the multipurpose nature of the corporation as a vehicle for enhancing these relationships in their various dimensions. Freeman holds that nothing less than a redefinition of the corporation is needed and, as seen earlier, he recognizes that a redefinition of the corporation requires a redefinition of the self. And, ultimately, such a reconstructed self requires a reconstructed philosophic context within which conceptually to locate its relational nature. Critical Analyses on Milton Friedman's Arguments on "The Social Responsibility of Business Is to Increase Its Profits" Friedman is therefore dismissive of any notion of corporate social responsibility: 'The doctrine of social responsibility is fundamentally subversive......there is one andonly one social responsibility of business- to use its resources and engage in activities designed to increase its profits so long as it engages in open and free competition without deception and fraud" (Friedman, 1970). Milton Friedman1, back in the early 1960s, argued that the one and only social responsibility of a company is to increase its profits He moreover equaled corporate donations with hypocritical window-dressing and tactics approaching fraud. According to his logic, social engineering is doomed to failure for several reasons: corporate managers do not have the necessary skills or expertise to arbitrate between competing claims of different sections of society - such competence is only given to an elected government; corporate managers are not elected and have therefore no political mandate to decide between competing claims for resources - again, such competence i

Arguments Participation Paper 2 Assignment Example | Topics and Well Written Essays - 250 words

Arguments Participation Paper 2 - Assignment Example (2) line numbers 60- 74 is an example of a testimony that speaks of the effect on individual Jews who suffered inhuman treatment during the Nazi holocaust; Charles Reznikoff, though a Russian, was born in the Jewish ghettos in New York. â€Å"Holocaust†, published in 1975, captures the poet’s interest in the Nazi holocaust and the yearning to present the realities naked to the world. A huge controversy surrounded the court room trials of the survivors of the Nazi Holocaust. During the Eichmann Trial, there was a controversy that Israel had political motives behind it. In this historical context, Charles worked as a typesetter for a labor Zionist publication, which showed interest in this controversy and the trials. The poem presents chosen testimonies in the courtroom, but devoid of the courtroom setting. Each testimony presents an exclusive image and speaks for itself. There is total objectivism in the narrative style as they are not in the first person but in the third person narrative voice. The tone is neutral as seen in the examples cited above. The poem speaks through the multiple testimonies and through the main ac tors and characters that are part of it. History unfolds for the readers to see the truth for themselves. The reader can arrive at conclusions on what he/she witnesses. There is an eerie silence that follows each testimony to avoid any interpretations or judgment; rather it helps evoke the picture of reality. Holocaust by itself is one of themes and the testimonies represent the events. The poem is devoid of any metaphor or rhetoric. This narrative style develops a close connection with the reader and bridges the gap between literature and common man. The narrative style is a testimony to the truth that historical facts should be listened to and not interpreted. As an Imagist poet, Charles has employed objective voice and has used the reality as an image that speaks for itself. This could be a document of history, but presents pictures within

Cardiac changes Essay Example | Topics and Well Written Essays - 750 words

Cardiac changes - Essay Example This leads to enhanced impedance to left ventricular ejection, an elevated systolic arterial pressure, and consequent interstitial fibrosis and left ventricular hypertrophy. Also, an aging person experiences a decline in the proportion of myocardial relaxation. The left ventricle takes a long time to relax, becomes stiffer, and also takes a longer time to fill in diastole. This enhances the significance of a correctly timed atrial contraction in adding to an ordinary left ventricular end-diastolic size. In addition, getting old is linked to enhanced sinoatrial node conduction duration and a decrease in the intrinsic heart rate. The reaction to postural modifications is different between youthful individuals and elderly people as cardiac productivity is controlled by rising heart rate in the youthful individuals, in contrast to the elderly people who depend on a rise in stroke capacity to balance. Also, for the aged individuals, all through exercise the tachycardic reaction is lessene d. Cardiac production is controlled by a rise in stroke capacity in a number of people, while in other individuals there is no compensation and the capacity of aerobics is lessened. Finally, physiologic aging causes a prolonged isotonic contraction and a diminished velocity of shortening (U.S. Preventive Services Task Force, 2011). The Altered Presentation and Modifications of Therapy Therapies that lessen, prevent, or deal with blood clots have been significant in lessening cardiovascular mortality or morbidity. One, administration of low dose aspirin has prolonged advantage in managing and preventing popular cardiovascular diseases, for example, coronary artery disease. In addition, the administration of aspirin has been significant in the initial prevention of stroke and heart attack in high risk elderly patients. Two, there has been the utilization of anticoagulation with warfarin for avoidance of stroke peripheral venous issues of a tremendous forms of surgical practices in dif ferent clinical attempts. Chronic warfarin therapy diminishes the most dreaded problems of stroke in older patients with chronic atrial fibrillation. Nonetheless, warfarin therapy needs recurrent blood tests for control of the dose (American College of Cardiology/American Heart Association, 2011). Three, older patients may undergo antihypertensive therapy. Antihypertensive therapy in older patients has been utilized for thiazide diuretics solely or together with beta blockers. Beta blockers or Thiazide diuretics have been recommended for therapy for elderly patients suffering from hypertension due to affordable costs and proven longevity advantages. Also, each drug dosage is usually regulated for disease-related and age modifications. Finally, there are therapies that have been modified to restore the sinus rhythm. This is usually taken into account in older patients with unusual cardiovascular function or atrial arrhythmias which is not easy to manage, or which is not of long-stand ing. Nonetheless, novel therapies are being established for specified signs that could offer better protection and easiness of utilization (American College of Cardiology, 2009). Identify Cardiovascular Diseases and Treatments As elderly individuals exist for long, they may suffer from a number of cardiovascular diseases. In addition, these people may suffer from a health condition that may lead to a different condition or damage if not adequately handled. There are a

The Lonely Miss Brill Essay Example for Free

The Lonely Miss Brill Essay With a unique blend of symbolism, imagery and setting Mansfield brings us into the world of †Miss Brill†. The story is narrated in the third person; the narrator primarily acts as the voice of Miss Brill. By telling the story through the eyes of Miss Brill, Mansfield is able to convey to the reader the loneliness and the lack of self-awareness of the main character. She gives no explanation as to the Miss Brill’s past, leaving it to the readers to draw their own conclusions. At the same time the author provides clues from which the reader can derive the theme of this story. The central theme of â€Å"Miss Brill† is the pain of loneliness, and inadvertent attempts to experience life through the experiences of total strangers. Miss Brill, has many symbols that clearly point out that Miss Brill is an old maid without close contacts. Firstly, Miss Brill lives in northern France teaching English. She is an immigrant everyone she knows, with the exception of her students and a elderly man, lives in England. This makes Miss Brill a stranger in a strange land despite the fact that she speaks French. Another reason the reader can tell Miss Brill is alone stems from the title. She has never been married and therefore has no family. Also brill is French for bearded. Symbolically bearded people are old. These are some symbols that point the loneliness and age factor in Miss Brill. From the beginning of the narrative it becomes apparent that Miss Brill is starving for warmth and companionship. She tenderly caresses her fur as if it were a beloved pet when she rubs â€Å"the life into the dim little eyes† (p. 0) of the old fox boa. Another sign of Miss Brill’s need for companionship is evident in her perception of the music which the band is playing at the Jardins Publiques: â€Å"It was like some one playing with only the family to listen (p. 50). † Despite of her loneliness, she is considering herself a part of this family that the band is entertaining with its music. But in reality she is more of an observer, a observer, and not an active participant in life as it unfolds at the Jardins Publiques. She is looking forward to eavesdropping on other people’s conversations, believing herself to be quite an expert in remaining unnoticed. Miss Brill adopts a more critical, at times even hostile, attitude toward the women that she observes in the park than toward their male companions. She seems to view the man who shares her â€Å"special† seat as â€Å"a fine old man,† while the woman is â€Å"a big old woman (p. 50). † When she recollects the events of the previous Sunday at the park, she remembers a patient Englishman with the difficult to please wife, whom â€Å"Miss Brill wanted to shake (p. 0). † These observation of the women carry perhaps a note of envy that she feels toward the women who have male companionship. At this point in the story the reader still does not know much about her, except that she is a lonely observer. Then one of her observations about the â€Å"odd, silent, nearly all old people, and from the way they stared they look ed as though they’d just come from dark little rooms or even – even cupboards! (p. 51)† whom she sees every Sunday at the park hints to the reader that she might be one of those people. The pieces of the puzzle, of course, fall into place at the end of the story, when her room is described as â€Å"the little dark room-her room like a cupboard (p. 52). † This is the conclusion of the story, when Miss Brill is able to see herself and her surroundings in the new light. Her new self-awareness is brought about by disparaging remarks of the young lovers who refer to Miss Brill as â€Å"that stupid old thing (p. 52),† and to her precious fur as â€Å"a fried whiting (p. 52). † This is Miss Brill’s moment of epiphany. She is as old as the other park-goers, her fur is a pitiful necklet, and she foregoes her usual Sunday slice of honeycake. In spite of her newly found self-awareness, Miss Brill still denies some of her own emotions when â€Å"she thought she heard something crying (p. 52)† at the very end of the story. The tears are obviously her own. Yet another look at the same lines of the story you realize that the young man and girl are repulsed by her not really because of how she is dressed but she and the other older people represent their own mortality and one day they know they too may be like this.

Jean Piaget: The Four Stages Of Cognitive Theory

Jean Piaget: The Four Stages Of Cognitive Theory Cognitive theory of Jean Piaget includes four stages of development that children move through during which the explanatory behaviors of infants transform into the abstract, logical intelligence of adulthood. There are three important specific characteristics of Piagets theory of which the first one is being a general theory, that is, cognitions all aspects undergo a similar course of change. Another characteristic is that children move through the stages in an invariant sequence. Piaget believed that there is a same order that children follow. Third, the stages are universal. Stages in cognitive theory assume the theory to include all children everywhere (Berk, 2003). Biological concepts are used in a limited way in Piagets theory. However, he stated the importance of genetic and environmental factors on the way that children move through the stages (Crain, 2005). He emphasized that the speed of children while passing those stages is affected by differences in genetic and environmen tal factors. Jean Piaget used the term scheme while explaining human beings organized way of making sense of experience (Mark, 1969). Traill (2008) explains that the term scheme used by Piaget is different from peoples everyday usage of scheme. The term can be any pattern for exploring and learning from the environment and it has three different intellectual structures. Piaget calls first intellectual structures to emerge as behavioral schemes, ones that appear after 2 years as symbolic schemes, and structures that appear after 7 years as operational schemes (Piaget, 1972, as cited in Traill 2008). For instance, dropping scheme of an 8 month old baby and a 25 months of will not be the same, as sooner it will become more deliberate and creative. Toddlers, different from infants, begin to think before acting and Piaget identifies that transition from sensorimotor to cognitive approach to the world which depends on mental representations. (Piaget, 1926, as cited in Berk 2003) Images and concepts are the two powerful mental representations. Especially, the shift from sensorimotor to cognitive approach is accounted for two processes; adaptation, consisting assimilation and accommodation, and organization. Interpretation of new structures into already existing schemes is called as assimilation and modification of existing schemes into adaptation of new experiences is called as accommodation. Cognitive adaptation aims to adjust to the environment and is a result of the equilibrium between assimilation and accommodation (Block, 1982). While trying to grasp an object, a baby is experiencing the assimilation process, while removing an obstacle and grasping an object, a baby now accommodates the scheme (Crain, 2005). During the organization process more complex intellectual structures are combined with existing schemes by children. For instance, after the baby experienced and covered dropping movement, then he/she will relate it with throwing movement as well as understanding the concepts of near and far (Berk, 2003). The Sensorimotor Stage (Birth to 2 Years) Jean Piaget observed his children during their developmental period and constructs the stages based on his observations. His books mostly involve many examples from his dialogues and interactions with his children. The sensorimotor stage consists of six substages. (Santrock, 2004) That stage starts with the use of reflexes from birth to 1 month. Newborn reflexes take important place in sensorimotor stage. According to Piaget inborn reflexes are consisted from first schemes. He states that as children use inborn reflexes and experience assimilation, they desire to put them to active use (Crain, 2005). After one month, children begin to repeat their chance behaviors and primary circular reactions period (one to four months) starts. A baby experiences the thumb sucking by bringing her hand to her mouth by a chance, when the hand falls she wants to get it back and experiences many failures until she gets it back (Crain, 2005). At that example the child organizes the hand movement and sucking which is a kind of circular reaction. Piaget also states that children at that period indicate the first efforts at imitation (Berk, 2003). The next substage is secondary circular reactions and is observed between fourth and eighth months. Infants start to experience motor achievements that encourage them to play attention to their environment. Infants begin to get enjoyment from the response of the environment to their attempts and they repeat their movements that get reaction from their surrounding (Santrock, 2004). Coordination of secondary schemes substage takes place during eight to twelve months. At this stage infants begin to coordinate tow or more actions to achieve simple objectives. In addition with an intentional purpose, babies try to imitate behaviors after watching a person. One may be able to observe a baby at this stage trying to stir with a spoon. In addition, a baby may begin to cry when she sees her mother wearing her coat in order to stop her mother leaving (Berk, 2003). In substage 5, tertiary circular reactions (twelve to eighteen months), children are interested with different outcomes. Piaget had observed one of his children hitting on a table at different rates in order to listen different sounds that he creates (Crain, 2005). It should be noted that all experiences are results of childrens intrinsic curiosity about the environment around them that Piaget emphasizes within his cognitive development theory. The last substage of the sensorimotor period is named as beginnings of thought or internalization of schemes lasting from eighteen to twenty months. During that substage children have the capacity to remember the behaviors that are not present (deferred imitation). Their efforts on imitation also indicate progress and they experiment with actions inside their heads. Besides, children can be observed to engage in make-believe play during that period (Santrock, 2004). Object Permanence: Piaget and many researchers concluded that infants appreciate concepts of permanence objects. Up to four months, children do not make any attempt to an object leaving in front of their eyes. During secondary circular reactions stage children are more able to explore their surrounding and they have a better sense of permanence of objects. At stage four children have the ability to find the hidden objects. If an adult takes a toy behind a box, the baby will look at the behind of the box and find the toy. During the stages five and six children are able to follow displacements and follow invisible shifts (Crain, 2005). Beginnings of Categorization: Before the capability of mental representation children are not able to categorize objects. During the first year of their life, children experience perceptual categorization. For example they can categorize the legs of an animal. Conceptual categorization begins with the end of first year; they are now able to categorize similar characteristics and behaviors. Active categorization period starts with the beginning of the second year. It is stated that sorting objects into two classes can be observed in eighteen months babies. In the second year babies can group two different kinds of objects without grasping them (Berk, 2003). When the observed milestones of research and the description of substages of Piaget are compared from birth to two years, both similarities and differences are seen. There are points that seem to occur earlier than Piaget accepted such as categorization, deferred imitation, and analogical problem solving. Those differences are explained differently from many researchers. Some of the surveys indicate that some children born with different intellectual capacities and some of them with a set off limits which causes those differences. The latter argue the theory of Piaget in terms of biological considerations. The Preoperational Stage (2 to 7 Years) Preoperational stage is lasting from two to seven ages in which the child is more capable while dealing with the environment. Although the reasoning of child is still unsystematic and illogical, that is the period that children begin to use symbols and rapidly develop representation. One of the important symbols that indicate increase during that period is language (Santrock, 2004). Piaget believed that experience of internal images occurs before labeling words and he did not take language as an important tool in cognitive development of children. Berk (2003) argues that Piaget had misadjusted the role of language in early intellectual development. She proposes that conceptual abilities of children are highly affected from the dialogues of children with adults. Moreover, there are many psychologists that believe as children develop their language ability, they begin to think more logically. Children experience transductive reasoning during that stage which means shifting from one particular to another. Children place two unrelated situations into the same case as if they have a relationship. One of Piagets children had concluded that she hadnt had her nap yet so it wasnt afternoon (Piaget, 1924). Piaget (1924) explains that statement as an example of transductive reasoning, because the child did not catch the understanding that afternoons include many different events and having nap is only one of them. An important milestone of the increase in mental representation is make-believe play during preoperational stage. The differences in make-believe play between sensorimotor and preoperational stage can be clearly observed. By the middle of preoperational stage make-believe play of children indicate real life conditions. In addition, by preoperational stage children begin to engage in sociodramatic play, they coordinate variety of roles and story lines during their play. One of the criticized points of cognitive theory of Piaget is based on the belief of Piaget that play reflects childrens cognitive and social skills, however there are many recent studies indicating the contribution of play on those skills. Especially during sociodramatic play, children interact with their peers longer and they are more cooperative. Many psychologists believed the role of strengthening of make believe play on a wide range of mental abilities and logical reasoning (Berk, 2003). Egocentrism: Piaget stated that children look at their surrounding from their own viewpoint and they ignore perspectives of others. Three-mountains study is one of the famous observations of Piaget explaining egocentric behavior of children at preoperational stage. He had used a model of three mountains and taken a child for a walk around the model in order to give opportunity for the child to look at the model from different view. Piaget had placed the child from one point of the model and placed a toy to another place. The child had been asked what he/she saw while looking at the model and what the toy would be seen while looking at it. All the children could correctly explain what they were seeing, however children at preoperational stage gave the same answer with their own view (Crain, 2005). Studies emphasize on the relation between egocentrism and social communication. Children at preoperational stage, according to Piaget, fail to recognize the needs of their peers during verbal interaction (Rubin, 1973). As they look only from their own view, they are able to understand view of the person interacting with them. They think that they can be seen from everywhere, everybody see and hear them. An adult may observe a child at this period telling that nobody could see him/her while closing his/her eyes with hands. Animism: Piaget (1951) proposes that the child recognizes no limits between himself and the external world and it is expected that the child would see many nonliving and non acting things as living and conscious and he explains this phenomenon as animism. In his book The Childs Conception of World, 1951, he identifies the reason for him to use the term animisim. He accepts that animism was term used for primitive human beings and responds the criticisms by telling that he had used that term as a generic term and emphasizing on the different types of animism in psychological origins (Piaget, 1951). Children at preoperational stage have a belief that objects are alive because they move and grow. For example, a child may tell that there are not any cars on the road, because they are sleeping. Piaget described animism inside four stages. Initially children accepted useful things as living. At this first stage broken or damaged objects were not alive for them. At the second stage, moving objects, whether are moved by an external factor or by themselves, were considered as alive. In stage three, to be categorized as living, things should move by themselves. Lastly, at the fourth stage, adults know that plants and animals are living things only (Moriarty, 2005). Irreversibility: Going through a series of steps and after changing direction is difficult for children at preoperational stage. Another well known experiment of Piaget indicates that problem in a way that there are children shown 16 boxes, 6 of which are yellow and 10 of which are red. When children are asked whether red boxes are more or boxes, children at this stage responds as red boxes and fails to be aware of that both yellow and red boxes are boxes. In his book The Childs Conception of World, 1951, Piaget gives examples about irreversibility. There are dialogues indicating their inability such as, asking a child about her sister, the child responds that she has a sister named A, then Piaget asks the child whether A has a sister or not, the child responds that A has not a sister. (Piaget, 1951) Inability to Conserve: Piaget propounds preoperational childs lack of conservation by applying experiments of liquids and number. He shows two same size glasses to the children and fulls the glasses with water. He asks children which of the water was more. All the children respond that they were equal in amount. Then he puts the water in one of the glasses into a different size glass (wider or taller) and repeats his question. Children at preoperational stage tell that they are now different. They have not the capability to perceive that certain physical features of objects remain same, even their physical appearance changes (Santrock, 2004) Based on experiments of Piaget, at the beginning of seven children begin to give the correct answer to the conservation tests. Before that age children indicates at conservation but not totally achieve it. They give answers like one is more because it is taller and then change their answers the other one is more because it is wider. Besides, irreversibility of the child can be concluded based on the conservation of liquid experiment. The child cannot understand the end result as a reverse of the original one. Jean Piaget also had thought about the failures of children from the linguistic point. Terms such as taller, more, wider takes time to be understood. He suggests ways to overcome that problem and tells adults to apply experiments by using different sentences and establishing questions by using different words within a particular case (Berk, 2003). Piaget experimented conservation of children also with using number. A row of egg cups and a bunch of eggs are given to children and they are asked to take enough eggs to fill the cups. At the first half of preoperational stage children ignored the number of eggs in the cups and they made an equal length with the rows. Children at the second half of preoperational stage made one-to-one correspondence. However, those children failed in the second question. Piaget then brought together the eggs and asked which of them was more and they could not respond that they are still same. Most of them thought that the longer was more in number. Piaget explains that phenomenon as been influenced by their sudden perceptions than by logic (Crain, 2005). Categorization: In coordinating and extending knowledge in cognitive development theory of Piaget, categorization takes an important place. Researchers state that children begin to make similar categorizations and form some categories with the age of two such as animals, plants, and vehicles (Scholnick, Nelson, Gelman, Miller, 2008). Things or objects in all of those categories have differences in perceptual characteristics, so a conflict emerges with the main idea of Piaget that childrens reasoning is governed by the way they see and objects appear. By the age of three children become able to make distinctions between basic and general categories such as furniture versus tables. However, children at preoperational stage are not able to organize objects into classes and subclasses based on their basic similarities and differences (Meadows, 1986). It is argued that Piaget was partly right and partly wrong with his conclusions of preoperational stage. Researchers give simplified tasks for children and preschoolers indicate the beginnings of logical operations, however there are important differences between their reasoning and children at school age. Difficulties were observed in conservation tests, three mountains tests and appearance-reality tests. As opposed to perceptual approaches to solve problems, children rely on increasing effective mental. In order to give an example, research indicate that children who have not the capability to use counting while comparing two groups of objects, do not also conserve number. They begin to find effective solution ways for proms with more objects when they become capable of counting. Piaget states that, as many other psychologists accept, children move through variety of stages of understating, although they do not totally handle conservation up to school years. The Concrete Operational Stage (7 to 11 years) The beginning of concrete operational stage is furnished by logical reasoning. That period is accepted as a major turning point in cognitive development. The time that a child begins to mentally resemble an adult starts with attaining concrete operational stage. A school-aged childs cognitive performance is more evident in terms of concrete operations. For example an eight year of childs response to conservation of liquid test is that the amount has not changed and they are still same. This explanation of the child also indicates the reversibility of the reasoning that the child has now the capability to understand that the reverse is the same with the original. Their ability to achieve conservation tasks indicate their logical thinking (Richardson, 2003). Between ages seven and ten, children take attention on relations between a general and two specific categories within the same case. Their awareness of classification is getting developed. In middle childhood period many children are interested in collections such as coins, rocks, and stamps which show their level of classification. Children in the concrete operational stage are fairly good at the use of inductive reasoning which involves going from a specific experience to a general principle, whereas children at this age have difficulty with using deductive reasoning. Deductive reasoning involves using a general principle to determine the outcome of a specific event. Seriation: Seriation refers to the capability to arrange objects along a quantitative dimension. Ordering sticks from different lengths is one of Piagets tests. Children at five and six years could create series but they made many errors. However, children at concrete operation stage, by starting the shortest and putting the next, indicate a perfect arrangement with an orderly plan. Children between ages seven to eleven have an ability called transitive inference which refers to mentally arrangement of items. Piaget had showed children three stick with different colors. Children had observed that first stick is longer than second stick and second stick is longer than third stick and they had made the inference that first stick is longer than third stick. Children at concrete operation stage mentally integrate three relations at once. On the other hand, preoperational stage children can achieve analogical reasoning by encouragement of an adult (Meadows, 1989). Spatial Reasoning: The ability of understanding space is more developed in concrete operational children. School age children begin to give directions as they gain more advanced space understanding. Children at five or six years indicate difference while representing an object on a persons, in front of them, left or right. Starting from seven age children achieve mental rotations, that is, they can recognize their own frame and of a person in a different direction (Santrock, 2004). While drawing large scale areas their performance indicate important changes representing their development of cognitive skills. In the middle period of concrete operational stage children achieve to place notes showing the location of objects in their classroom. Their capability to use a rotated map is improving and also their map drawing become more accurate. Research indicate that concrete operational thinking has a limitation that while children are reasoning in a logical manner, they are always dealing with concrete knowledge. With abstract information, they cannot catch the achievement (Crain, 2005). When they are given ideas that do not appear in the real world they are not able to indicate the same responds with concrete ones. That can be easily observed from transitional inference that when children are shown the sticks they give the correct responds whether which one is smaller or taller than the others. However, when the questions turned to a more concrete version such as As hair is longer than B, B2 hair is longer than C. Who has the longest hair?, up to eleven years children cannot give the right answer (Richardson, 2003). Jean Piaget believed the importance of rich and appropriate environment for the speed of concrete operational cognitive skills of children. Many research done in small towns or villages represent the lack of rich environment and its consequences on children. Even the easiest conservation tasks are not easily achieved until the age of eleven. On the contrary, many children living in big cities, especially Western nations, have many opportunities in terms of environment and from very young periods of childhood they meet with rich and varied materials. Hence, they easily understand the conservation tasks. The same comparison had done between children receiving a professional early childhood education and the ones that spend their early period at home or street. The conclusions indicate better results of the children continuing a preschool program (Berk, 2003). A survey had been made between Brazilian street vendors and Brazilian economically advantaged children on informal version and Piagetian version of class inclusion test of Piaget. In the informal one, the researcher asks children for the price of two chewing gums which are different. In the Piagetian one, four units of one type (mint) chewing gum and two units of the other (strawberry) one is set aside and the researcher asks In which one do you get more money, whether you sell me the chewing gum with mint or all the chewing gum? The success of two groups children indicates difference that on the informal version of the conservation task street vendors performed better and on the other version economically advantaged children performed well (Ceci Roazzi 1994, as cited in Berk 2003). The Formal Operational Stage (11 Years and Older) The child in sensorimotor period can do things and play with objects, the child in sensorimotor period and concrete operational period can think and make reasoning about those objects. Thinking about propositions and relations different from objects and events is another period. Now human beings are bale to make coordinations of coordinations, in other words, they can combine two different groupings of concrete operations within reversibility by reciprocity (Richardson, 2003). In formal operational stage adolescents do not require concrete things as objects of thought. Adolescents at this stage are capable of deductive reasoning. In order to overcome a problem, they start more generally and think evaluate all possible factors and then proceed to more specific predictions. Piaget used pendulum problem in that stage in which he had showed many strings with different lengths, objects differing in weight, and in order to hang the strings a bar to children. He asked the factors that will affect the speed with which a pendulum swings. Children in concrete operational level made an unsystematic experimentation. The influences of each variable could not be distinguished by them. Adolescents of formal operational stage separate the factors that have the possibility to affect the speed into four groups; strings length, objects weight, the level of force when pushing the object, and how high the object is raised before it is released. At the end they come up to a right conclusion that the length of the string affects the speed (Berk, 2003). They work systematically in terms of all possibilities as a scientist. Cognitive development theory of Piaget is mostly depending on mathematical and scientific reasoning; however he has some speculations on social life of formal operational stage adolescents. Piaget thinks that children between seven and ten live in here and now, whereas at the formal operational stage they start to think about long-term periods. They handle abstract ideas such as justice and love and they start to construct theories for better living world (Inhelder Piaget, 1955, as cited in Crain 2005). Piaget identifies egocentrism again and believes that a new kind of egocentrism is carried by utopian during that period. Piaget takes into account and repeat the forms of egocentrism from beginning to later periods: At the beginning, sensorimotor period, infants have no idea bout the environment around them and they are egocentric, still the objects that they cannot see have no existence on their own. At the next level, preoperational thought, children enter a representative world in terms of language and symbols. They indicate difficulty more than their own view. After a time they become aware of other perspectives and they start to think about concrete objects. Finally, adolescents, formal operational period, meet with a world full of problems and possibilities. Adolescents feel unlimited power in themselves for their thoughts and egocentrism reappears and they are now not able to distinguish self and others abstract views.(Crain, 2005). Teenagers feel that they are at the centre of their environment and they assume that everyone is looking at them. They spend many hours in front of a mirror feeling anxiety for the peoples criticism about them. This is called as imaginary audience. Then with having a thought that everyone is observing them, they start to feel themselves special and unique and this is named as personal fable. Propositional Thought: Adolescents do not need to refer real-life conditions and they are capable of evaluating the logic of propositions. Previously, they were evaluating statements when they were concrete in the real world. Piaget did not give an important role for language in childhood period, but he thought that it was more significant during adolescence. So, verbal reasoning about abstract situations and events is one of the important concepts in formal operational thought. Adolescents thoughts and opinions about abstract conditions and their capacity while expressing those views are demonstration of their propositional thought. Theory and research of Piaget have greatly changed the view at infant action and thought and provided a new way of looking at children (Fischer Heneke, 1996). Evaluation of Piagets Theory Jean Piaget has contributed to the field of child development than many other theorists, as many things he expressed were the first for his time. He was the first to tell that children were different from adults and they are curious and active learners (Berk, 2003). Piaget is the founder of discipline of cognitive development. He was interested in reasoning of children and that ensured the idea of that field would be developmental and should be different from the study of adult thinking. Piagets considerations through the idea about active roles of children on their development can be seen as obvious recently, but it was innovative for his time (Shaffer Kipp, 2001). Piaget tried to explain the process development and from that part he was one of the firsts who not only described the theory. Piagets explanations had a major impact about social and emotional developmental theories. By asking many questions about intellectual development of children and creating thousands of resource for that field, he had important contributions for the educators and researchers (Shaffer Kipp, 2001). Many studies criticize Piaget for underestimating mental capabilities of children due to his concern with defining the underlying cognitive structure which considered performance of children on a conservation task. Piaget is criticized as assuming that child making mistake in one problem will lack the underlying concepts he was testing. Validity of this assumption is refuted by stating that performance of a child may be influenced by many other factors instead of lack in cognitive skills (Scholnick et all, 2008). Researchers have challenged stage theory of Piaget by asking if intellectual development is at all stagelike. It is proposed that transitions in mental gradually occur and the consistency of a performance of a child in a test would be very little. For instance, problems of concrete operations and problems of formal operations may be achieved in different orders by many children with different abilities. Many theorists believe that cognitive functions are so complex that would be evaluated within a stage manner. For instance, a nine years old child may do well on verbal reasoning tests if he likes to deal with word puzzles and play verbal games, however he may not do well in mathematical reasoning (Shaffer Kipp, 2001). Besides, Piaget ignores cultural differences while claiming that his stages move on the same sequence in all cultures. Children from different cultures are educated differently and a s environment has a direct interaction with cognitive development, cultural differences should be taken into account to get a valid conclusion. Implications for Education Piaget did influence much from Montessori and Rousseau and emphasized on the importance of active learning of children. He believed that learning is a process of active discovery and should be related with the level of the child. The role of educator at giving the child appropriate and rich environment based on childs interests and modes of learning takes significant place in terms of encouraging innate curiosity of children. An environment with rich, variety, and interesting materials will encourage children to discover and become active learners (Crain, 2005). According to Piaget educators should not teach children in a direct way, children should be allowed to construct their own knowledge through experience. Children should be given the opportunities to make mistakes and learn through those mistakes, and look for solution ways. Piaget helps educators to be aware of that, meaningful interactions of children with environment and real activities will enable children to learn. All of those factors are the roots of constructivism which is a Apoptosis: Techniques for Measuring and Observing Apoptosis: Techniques for Measuring and Observing INTRODUCTION   The number of cells within an organism is tightly regulated- not simply by controlling the rate of cell division, but also by controlling the rate of cell death. If cells are no longer needed, they commit suicide by activating an intracellular death program. (Liao, 2008) Apoptosis, is defined by distinct morphological and biochemical changes mediated by a family of cysteine aspartic acid-specific proteases (caspases), which are expressed as inactive precursors or zymogens (pro-caspases) and are proteolytically processed to an active state following an apoptotic stimulus. (Liao, 2008) The aim of this paper is to discuss the techniques for measuring and observing apoptosis, whilst commenting on any limitations reported to date. DISCUSSION The intracellular machinery responsible for apoptosis Kerr, Wylie and Currie (1972) observed controlled cell death that was distinct from uncontrolled necrotic death. They noticed a characteristic, identical sequence of events in many different types of cells and published their observations in 1972 and used the term apoptosis. (Alberts, 2007; Cancer, 1972) In apoptosis, cell shrinkage and membrane ruffling (blebbing) occur, and the cell disintegrates into small membrane-bound apoptopic bodies. Inside the cell chromatin condensation and nuclear fragmentation occur, which are accompanied by breakdown of the DNA into regular size fragments. On the surface of the cell lipids are rearranged in the bilayer of the plasma membrane with the lipid phosphatidylserine becoming exposed to the outside. (Hancock, 2005) Measuring and observing apoptosis Apoptosis is essentially a morphological state arrived at by a whole variety of different biochemical pathways. Some routes may result in the expression or loss of an antigen but there is no assurance that the same biochemical alterations occur in every cell. The identification of protein markers permits ready detection by conventional immunohistochemistry, which facilitates rapid and confident assessment of apoptosis. (Harrison, 1996) The in situ end labelling and in situ nick translation techniques rely on the presence of DNA strand breaks characteristic of the nuclear implosion and fragmentation seen in apoptosis. Thus, labelling with biotinylated nucleotides and subsequent immunodetection can be used to identity sensitively cells with strand breakage. (Harrison, 1996) Activation of the caspase-3 pathway is a hallmark of apoptosis and can be used in cellular assays to quantify activators and inhibitors of the death cascade by molecular identification. The response is both time and concentration dependent suggesting that multiple pathways play a role in triggering the caspase-3 activation. (Bio Medicine, 2008) TUNEL assay is a technique used for observing activation of the caspase-3 pathway by biochemical verification. The enzyme TdT is able to add nucleotides to the ends of DNA fragments; most commonly, biotin-labelled nucleotides (usually dUTP) are added. The biotinylated DNA can be detected by using streptavidin, which binds to biotin, coupled to enzymes that convert a colourless substrate into a coloured insoluble product. Cells stained in this way can be detected by light microscopy. (Janeway, 2001) The cells with unsuccessful DNA repair may undergo apoptosis; in some cases, false positive labelling may result. TUNEL staining has been reported to give false positive staining in the kidneys of nude and BALB/c mice. In situ localization of activated or cleaved caspase-3 is starting to replace TUNEL as the molecular verification of the apoptotic process. (Hughes, 2007) Extrinsic and Intrinsic signal activation The extrinsic pathway is initiated by ligation of transmembrane death receptors (DR) with their respective to activate membrane-proximal caspases, which in turn cleave and activate effector caspases. A killer lymphocyte carrying the Fas ligand binds and activates Fas proteins on the surface of the target cell. Adaptor proteins bind to the intracellular region of aggregated Fas proteins, causing the aggregation of procaspase-8 molecules. These then cleave one another to initiate the caspase cascade. This pathway can be regulated by c-FLIP, which inhibits upstream initiator caspases, and inhibitor of apoptosis proteins (IAPs), which affect both initiator and effector caspases. (Alberts, 2007; Liao, 2008) The intrinsic pathway requires disruption of the mitochondrial membrane and the release of mitochondrial proteins, such as cytochrome c. Cytochrome c, which binds to and causes the aggregation of the adaptor protein Apaf-1. Apaf-1 binds and aggregates procaspase-9 molecules, which leads to the cleavage of these molecules and the triggering of a caspase cascade. (Alberts, 2007, Liao, 2008) The primary regulatory step for mitochondrial-mediated caspase activation might be at the level of cytochrome c release. The known regulators of cytochrome c release are Bcl-2 family proteins. Members of this family are divided into two main groups, the anti-apoptotic proteins with Bcl-2 and Bcl-Xl as archetypes and the pro-apoptotic proteins such as Bax. The ratio between these different proteins determines the sensitivity of the cell to apoptosis; antiapoptotic proteins inhibit apoptosis by counteracting Bax and Bak, and BH3-only proteins either trigger apoptosis through direct interaction with Bax or sensitize cells to death by inactivating Bcl-2 or Bcl-Xl. (Cartron, 2003; Liao, 2008) RT-PCR primer sets that are specific for genes involved in inducing and regulating the apoptotic response. These primers are specific for genes encoding proteins from the Fas and Fas ligand, Bcl-2 and ICE protein families. The RT-PCR primer sets for studying the apoptotic response are designed to meet several criteria. The primers sets, based on known genomic sequences, amplify a region that spans at least one intron. To distinguish the amplification products from genomic sequences, which are longer than the cDNA products, the primer sets amplify PCR products that are 400 bp to 650 bp in length. The primers are synthesized as 18- to 27-mer oligonucleotides. Each set of primers amplifies only a specific target. (Biomedicine, 2008) Direct measurement using fluorescence resonance energy transfer has shown the interaction between Bax and Bcl-2. (Cartron, 2003) Light microscopy and electron microscopy, including staining, are frequently used to observe the morphological changes of the cells undergoing apoptosis. There are many staining protocols used for identification of apoptotic cells, and the choice varies subject to the laboratory and the tissue being studied. (Wang, 2008) The advantages of Near-Field Scanning Optical Microscope (NSOM) are observing in normal environment, observing in nanometre scale resolution, and observing in non-contact mode. (Wang, 2008) CONCLUSION Using morphology, biochemical or molecular methods to identify, localize and quantify apoptosis gives strength to many research studies. The measurement of the level of apoptosis within tissue sections represents only a à ¢Ã¢â€š ¬Ã‹Å"snapshotà ¢Ã¢â€š ¬Ã¢â€ž ¢ of one time point during a developmental, physiological or pathological process. Given the rapid nature of apoptosis and its cryptic nature in tissue sections, these measurements may often be underestimates of the actual extent of apoptosis. The ability to measure the levels of apoptosis within living organisms, including humans, non-invasively at repeated intervals over time would facilitate the analysis of apoptosis in many organs as well as tumours. (Hughes, 2007) These investigative techniques have broadened the understanding of disease development and will undoubtedly present real opportunities for novel therapeutic intervention. For example, the gene-driven nature of apoptosis and its modulation by various controlling molecules have provided a basis to develop therapies for selectively protecting or deleting cell populations. (Hughes, 2007)

Analysis of the Precautionary Principle

Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India. Analysis of the Precautionary Principle Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India.