Analysis of the Bosman Case

Analysis of the Bosman Case The decision of the ECJ in the Bosman case[1] had an extremely significant impact on professional sports within the European Union. As has been pointed out by a number of commentators the decision in Bosman led to an overhaul of the existing transfer rules of club football within Europe. It also had a wider impact on professional sports as a whole as the post-Bosman period witnessed a significant influx of migration of professional athletes within the EU.[2] Within the EU, sport has assumed a special status and forms an integral part of European identity and its culture. The European parliament has coined the term specifity of sports to address the interaction of Community law in the sporting arena and the extent of such an interaction.[3] This interface between sports and community law was first addressed in Welgrave and Koch v Union Cycliste Internationale[4] followed closely by another decision in the case of Dond v Motero.[5] Almost twenty years down the line came the decision in Bosman which clearly elucidated the role of Community law within the sporting arena and in the process reaffirmed and elaborated upon some of the principles discussed in the two above mentioned decisions. The controversy around the Bosman decision stems from the fact that it put an end to the existing transfer process in European football by abolishing player transfer fee system and creating free agency for European footballers. It also brought an end to the existing UEFA Non-National rules. Both the above regulations followed by European clubs were tested against the Community provisions aimed at protection of labour rights and were found wanting. The transfer rules as well as the nationality rule was found to be violative of Article 48 of the Community treaty safeguarding against free movement of labour as well as anti-discriminatory treatment of workers. The significance of the Bosman judgment lies in the fact that it managed to make a significant contribution to the corpus of labour law by emphatically reinstating that sportspersons rights were protected within Community law and also laid down the framework for subsequent judgments which further established the labour rights of pr ofessional sportspersons. The paper will first explain in brief the background in which the Bosman judgment arose. Then paper will delve into the intricacies of the judgment along with some of the most persuasive arguments raised by the parties to the dispute. Then judgment of the court along with the reasoning behind the judgment will be explored. At the outset it has to be mentioned that the paper will only address the issues of transfer rules and nationalily rules which were evaluated on the anvil of Article 48. The ancillary issue of related to Article 85 and Article 86 of the Community treaty would not be addressed. In the next section the paper will explore the extent to which the judgment in Bosmans case contributed in settling the law related to free movement and non discrimination of sportspersons within the EU. In this section of the paper subsequent judgments would also be briefly looked into to describe the establishment and development of the principle of applicability of non discriminatory princ iple within the arena of sports in the EU. Finally the paper will briefly look back at the arguments raised in the Bosman case related to the need for keeping sports outside the ambit of the provisons of Community treaty. In this section existing regulations in England as well as the United States will be looked into to evaluate whether the guidelines laid down in Bosman is in sharp contrast to the sporting regulations existing in those states. Literature Review A Closer Look at the Judgment of Bosman Background and Facts Within the European Union football is played either as an amateur or a professional sport. The structure of professional football comprises of clubs which belong to national associations or federations. The national associations including Belgiums ASBL Union Royale Belge des Societes de Football Association (URBSFA) are members of the Fà ©dà ©ration Internationale de Football Association (FIFA). FIFA is again divided into confederations, UEFA being the confederation which governs football in Europe. As per the rules framed by the URBSFA prior to Bosman case, every player whose contract is expiring must be offered a new Contract by April 26, failing which he is given amateur. The player has the option of accepting or rejecting the contract offer. If the player rejects the contract, he is placed on the compulsory transfer list for a month from 1st may onwards. In this period any club can buy the player from his existing club even without the permission of the existing club by paying certain compensation fee for training which is called transfer fees. On 1st June the period of free transfers begins and in this period a player can be transferred by the mutual agreement of both clubs after the payment of the requisite transfer fees. If the transfer does not take place the clubs are required by URBSFA to offer a contract to the player which is not less than the initial contract of April 26. If this contract is rejected by the player, he is classified as an amateur and has two wait two years to obtain a transfer without the clubs consent. Jean Marc Bosman, player for Belgian club RC Liege, was offered a contract before the expiry of his existing contract which entailed a substantial reduction in his wages, of almost 75%. As a result Bosman refused this new offer and as a consequence was put on the transfer list. During the period of free transfer the French second division club US Dunkerque became interested in employing Bosman. However as per rules for international transfers, the Belgian football association had to pass a transfer certificate to the French football association within a specific time. However in spite of RC Liege and US Dunkerque agreeing upon the amount of transfer fee for a seasons, RC Leige refused to give permission to the Belgian league to pass on the certificate to the French association as they were unsure about the financial solvency of Dunkurque. Thus Bosman was preveted from joining RC liege leading to the initition of a suit in the Court of First Instance in Leige which finally culminated in the landmark decision of ECJ in 1995. Transfer Rules and Article 48 The Courts assuming jurisdiction under Article 177, restated the principle of applicability of Article 48 of the EU Charter to sporting activity as long as there is an the existence of, or the intention to create, an employment relationship. ECJ decided in favour of Bosman and against the respondents namely RC Liege, URBSFA and UEFA. The court ruled on two main issues. Firstly the Court overhauled the existing transfer system by holding that transfer fees for out-of-contract players were illegal and in violation of Article 48 of the EU treaty when the players were moving from one E.U. nation to another. Secondly the court also found nationality clause to be inconsistent with Article 48 and as a result struck it down. Firstly in spite of the arguments raised by the respondents the ECJ found that the right to movement of workers as enshrined under Article 48, which is one of the four fundamental rights guaranteed by the EU charter, was being violated by the existing transfer rules of URBSFA.The Court rejected the contention that transfer rules governs relationship between culbs and does not affect the players. The Court pointed out that transfer fees is a burden which the clubs has to bear and the failure to pay such fees ultimately affects the employment rights of the players.The Court then pointed out that in spite of being contrary to Article 48 the transfer rules could be saved if they could be justified on the grounds of pressing public interest and the principle of proportionality between the means exercised for the objectives sought. However in Court went on to reject the different justifications forwarded by the respondents. The Court found merits in UEFAs goal of maintaining financial and competitive balance but rejected the claim that the transfer rules furthered this object because the existing rules had failed to preserve the level of financial and competitive balance as the rules failed to prevent the richest clubs from securing the best players. The merit of the second justification advanced by respondents regarding UEFAs goall of encouraging the recruitment and training of young talent was also accepted by the Court. However the Court failed to establish the nexus between the transfer system and the achievement of that goal. The Court found no relationship to exist because the amount of a transfer fee is unrelated to the actual cost of training and recruitment, and because receipt of such fees for any particular player is speculative. Finally the argument that transfer fees are acceptable on the grounds that such transfer fees are necessary for clubs to buy players was rejected because the Court o bserved that obstacles to freedom of movement cannot be justified simply on the grounds tat such obstacle was in existence in the past. Finally the Court reaffirmed the opinion of the Advocate general that as alternatives which does not tantamount to an obstacle to freedom of work can be used to achieve the ends sought by the transfer rules and hence the transfer rules has to be struck down. Nationality Principle The ECJ also rules that the 3+2 rule which restricts the employment of footballers of a different EU state is in direct violation of Article 48(2) of the EU treaty which expressly seeks to abolish any discrimination based on nationality between workers of the member states of the EU in relation to employment, remuneration and conditions of work and employment.[6] In this regard the Court further refers to Regulation 1612/68 of the Council which seeks to enforce the provion under Article 48. Finally the court extends this principle of non discrimination to the existing transfer rules by referring to the principle propounded in the Dona case where regulations of sporting bodies were held to fall under this principle of non discrimination. In light of the conflict between the nationality provision of the ransfer rules and Article 48 the Court examines a few possible justifications which can save the nationality rule followed by UEFA. It was argued by the respondents that the nationality rule can be justified on non-economic grounds including maintaining a natural link between the club and the country, the maintenance of a pool of national players and to maintain the competitive equilibrium between the clubs. However the Court referring to the Dona case observed that though non economic objectives may justify the exclusions of certain players in certain fixtures but that principle is not relevant in this case because the 3+2 rule of UEFA applies to all clubs and all matches. Similarly the Court also observed that the nationality rule is not adequate enough to prevent rich clubs from acquiring the richest players. Further the argument regarding the nexus between club and country was also rejected along with the point regarding the maintenance of a pool of national players. Another important point which was argued and rejected by the Court was that the 3+2 rule was developed in cooperation with the Commission and hence should not be struck down. In this case the Court observed that Finally, as regards the argument based on the Commissions participation in the drafting of the 3+2 rule, it must be pointed out that, except where such powers are expressly conferred upon it, the Commission may not give guarantees concerning the compatibility of specific practices with the Treaty Hence if the rule in violation of Article 48 then the fact tht it was made in cooperation with the European Commission will not validate it. Community Law and Principle of Non Discrimination of Foreign Nationals In order to understand the interface between nationality restrictions and its conflict with the EU treaty it is imperative to briefly look into the framework of the EC treaty. Sports per se has not found a place in the present EC treaty, but as has been discussed before, it falls within the competence of EC law when it concerns an economic activity.[7] Article 12 of the EC treaty prohibits discrimination on the grounds of nationality. More specifically discrimination on the basis of nationality of workers is dealt with in Articles 39[8] to 42 of the EC Treaty. However it has to be remembered in this context that the compatibility of a sporting rule with a particular article of the Treaty does not release the rule from the requirement to comply with other Articles of the Treaty.[9] However, the general protection against nationality discrimination can only be invoked in the absence of any specific provision within the treaty. This principle was elucidated in the case of Lehtonen and C astors Canada Dry Namur-Braine v. Federation Royale Belge des Societes de Basketball (FRBSB),[10] where it was observed that Article 39 of the treaty dealing with nationality discrimination of workers will be applicable in the instant case. The Court further observed that Article 12 will only be applicable independently in case of the absence of any specific provision.[11] In light of the above framework of Community law the Lehtonen judgment can be briefly evaluated to determine whether it has also followed the Bosman line and determined whether a sporting rule can be discriminatory within the EC treaty in the absence of objective justification. In Lehtonen different periods of transfers were applicable in the Belgian basketball league of players from Belgian clubs and European clubs. This vires of the transfer rule was challenged to be in violation of the non discriminatory rule enshrined under Article 48. The ECJ observed that Article 48 precludes the application of rules laid down in a Member State by sporting associations which prohibit a basketball club from fielding players from other Member States in matches in the national championship, where they have been transferred after a specified date, if that date is earlier than the date which applies to transfers of players from certain non-member countries, unless objective reasons concerning only sport as such or relating to differences between the position of players from a federation in the European zone and that of players from a federation not in that zone justify such different treatment.[12] In other words the Court followed the line of Bosman and held that Article 48 can act as a threshold which specific sporting regulations have to abide by. However a divergence from the non-discriminatory principle is allowed if they can fulfill the test of objective satisfaction. One more interesting aspect of the non-nationality principle, which has come to the limelight in subsequent cases, is the status of individuals belonging to non-member states who have entered into Cooperative agreements with the EU containing non discriminatory terms in relation to nationality of the members of those states as well as the members of third party states. In the Malaja[13] ruling a Polish basketball player Malaja, challenged the restriction of the French Basketball Federation on the number of foreign players in a club. She based her claim on the basis of an agreement entered by Poland with the EU which ensured non discrimination of Polish workers within the EU. The Council the Etat held that the non-discriminatory principle enshrined in the EU treaty will also be applicable to eastern European states along with Poland who had entered into cooperation treaties with the EU. Another landmark decision in this respect is Kolpak case. Kolpak who was a Slovak national, signed consecutive fixed-term contracts in 1997 and 2000 as a goalkeeper for a second division handball team. However the German Handball Associations imposed a cap on the number of non-EU players who could play in one team. This precluded Kolpak from performing his duties under the employment contract. Kolpak held a valid residence permit in Germany. He took the dispute to the German courts arguing that the agreement between Slovakia and the EU would prevent the Handball association from treating him differentially from other non-EU or German players. The dispute was referred to the ECJ. The Court observed that the agreement with Slovakia did not contain any specific provision safeguarding against anti-discrimination. However the Court compared the agreement with Article 48 of Treaty of Rome and came to the conclusion that the agreement embodied the same principles which have been enshrined u nder Article 48. Hence even in the absence of any specific provision preventing discrimination, the Court held that the principles of non-discrimination established in Bosman can be extended to the present case. However the Court restricted the scope of the non-discriminatory principle by holding that the non-discriminatory principle construed from the agreement will be limited to Slovakian workers already employed in the member states of the EU. The final judgment that has to be mentioned in this regard is the Simutenkov case in which the Courts closely analyzed the Bosman and the Kolpak decisions. The decision of the Court in the Simutenkov mirrored the judgment in Kolpak and extended the principle of non-discrimination to Russian workers employed within the EU. The decision followed Kolpak to the extent that the scope of the non-discrimination principle was restricted to existing workers. In other words it did not bestow a general right on all EU members to circulate freely within the EU. A Closer Look at the Sporting Exception In Bosman, UEFA had argued that sports was always respected within the European Union and owing to the difficulty in extrapolating the economic aspect from football Article 48 should be interpreted in a flexible manner. German Government further emphasized on sports being an expression of European culture and hence should be protected under Article 128 of the Treaty of Rome which seeks to safeguard the national regional diversity of culture. However as has been discussed previously the Court relied on previous ECJ decisions in Walgrave and Dona to determine the extent to which Article 48 of the treaty of Rome can regulate sporting activities. Again as recently as 2006, The ECJ in its decision in Meca-Medina v. Commission[14], reaffirmed the principle of Bosman when they observed that having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 However the approach of the Court in this respect has been severely criticized in certain quarters. Commentators have alleged that the Court has in their zeal to extend economic regulations have failed to recognize the specific nature of sports.[15] However a brief look at sporting regulations and the legal restrictions imposed on such sporting rules in US and UK points to the shortcomings of bestowing unfettered power in respect of sporting activities. The transfer system in British football can be traced as far back as the last decade of the 19th century when football clubs started to purchase and sale football players. The concept of transfer fees was in existence even in that period. Even though these rules flagrantly violated the contractual and labour rights of the players, these rules remained in existence throughout the majority of the twentieth century and were justified on the grounds of regulating player mobility and competitive equilibrium. The landmark case of Eastham[16] the retention and transfer system[17] was challenged by George Eastham who wanted to move from Newcastle to Arsenal. However Newcastle simply retained him despite his repeated request for transfers. As a result a writ was filed in the High Court against Newcastle for restraint of trade. Five issues was considered by Judge Wilberforce out of which the one of relevance where whether there was actual restraint of trade and whether such restrain was necessary for the maintenance of the nature of the league or its members. The Court found that Newcastle had indulged in activities which tantamount to restraint of trade. More importantly the Court found that the transfer and retention system was also an unreasonable restraint on trade on the ground that it acted as a barrier to the movement of players even when their contracts have expired unless a transfer fee was paid.[18] As a consequence of the Eastham rulin the retention and transfer system was overhauled and a new system was introduced where a player was free to move from his existing club unless the club offered a contract which atleast equaled the terms of the previous contract between the club and the player. In 1978 further changes were brough about which gave players the right to reject contracts and move to a different club. Further it was provided that in case of a dispute between the new and the former club regarding transfer fee a four member panel will be constituted to determine the amount of transfer fees. Finally the regulations existing in the baseball league in US [MLB] and its interface with different fields of law can be briefly explored. The major contentious issue in American Baseball league was surrounding the reserve list and reserve clause: which raised significant questions regarding players right to movement and free agency. However in the early years of the twentieth century the US legal system was averse to the idea of collective bargaining rights and hence there was a lacuna in the law related to labour rights. Further the Sherman Act, which sought to prevent restraint of trade also provided an exception to the MLB and as a result the employment rights of the players suffered. However the gradual development of collective bargaining culminated into the creation of baseball players association[MLBA] which entered into a collective bargaining agreement with the club owners. The significance of this collective bargaining agreement was that it contained an arbitrational clau se for addressing players grievances. On the basis of this collective bargaining agreement, arbitration proceedings were initiated inNational American League Professional Baseball Clubs v. MLBPA[19] where baseballs reserve system was challenged. The arbitrator found in favour of the players. However the true significance of the judgment lies in the fact that the arbitrator held that though it was possible to negotiate a reserve system which contained the option of continuous renewal, however the option clause was not implied into the contract and had to be bargained for. In other words the arbitrator laid down that the though the reserve system cannot be overhauled, however the incorporation of such a clause in player contract cannot be implied. The presence or absence of such a provision will be decided on the basis of collective bargaining between the parties. This was also affirmed by the [1] Union Royale Beige des Societes de Football Assn ASBL v.Bosman, 1995 E.C.R. 1-4921, 1 C.M.L.R. 645 (1995 [2] [3] [4] [1974] ECR 1405 [5] [1976] 2 C.M.L.R. at 587 [6] [7] [8] [9] [10] [11] [12] [13] [14] Meca Medina v. Commission, 2006 E.C.R. I-6991 [15] It has been argued that players have been treated as mere factors of production and the link of sports with the culture and identity of the Community have been overlooked. Further it has been suggested that one of the primary shortcomings of Article 6 dealing with discrimination in general and Section 48 dealing with discrimination against workers is that these two article fail to recognize this important characteristic of sports. [16] Eastham v. Newcastle United Football Club, Ltd., 1964 Ch. 413, 419. [17] Prior to the Eastham case this system existed in England where a club could virtually retain control over a player even after the expiry of a contract by withholding his player registration. A player could not move until the registration documents were released by the club which was usually done on the payment of a transfer fees. [18] [19] 66 Lab. Arb. Rep. (BNA) 101 (1975) (Seitz, Arb.).

How important is the role of complementary therapies and medicines within a modern health service?

Illustrate your answer with examples and, where possible, consider the impact that the growth of such remedies has had on attitudes within both the general public and the medical profession. Over the last decade peoples opinions towards medicine have changed, this has made a lot of people consider alternative treatment for illnesses, which before hand they would have been seen as witch craft. Nowadays it is more socially acceptable and is used more widely to treat illnesses or used just as a relaxation method. When investigating any form of medical treatment, whether that be CAM or scientific medicine we need to be asking questions; Is it effective? Is it safe? How is it regulated? People still make assumptions about complementary therapies, that it is outside the NHS so there is no regulating body to protect the clients or the practitioners, this is true for many areas but with continuing research and the need for more funding I believe that it will gain the recognition that it deserves, and this will open the door for more regulatory bodies to become mandatory. When people say that it is outside â€Å"conventional† medical training, this can be true but many practitioners of complementary therapy train for many years degree level, and there are 20 universities which offer degrees in Complementary Medicine, however there are some people who just decide to practice without any form of training and I believe that these are the people who misuse and harm the ideology of complementary therapies. Is it safe? I believe it is safe as long as you go to a reputable practitioner, who would normally have been trained to degree level and has taken out insurance for their clinic. One good point to argue is that it is natural, and with GP's not wanting to continually prescribe for example antibiotics this is a natural way to treat illnesses without chemical use of tablets. Is it effective?, this has got to be the most crucial question that needs to be answered, practitioners of Complementary Medicine believe that when using therapeutic intervention is effective if it influences the course of a disease in a patient in a beneficial way. When assessing if it effective in treating disease then you would need to compare without any other treatment, as this is very rarely possible then it is hard to gain evidence to support this question fully. Within are lessons we conducted a survey which asked people if they had used Complementary and Alternative Medicine (CAM), we also asked them whether they considered it to work and if they was referred by their GP or went privately and had to pay themselves. Every person took 10 copies to be filled in by their families and friends then all the data totalling 114 people was collated together, the results indicated that very few people were referred by their GP, but many people said that it worked successfully. The results of this survey are attached to this essay. The most commonly used CAM therapies are: * Acupuncture * Chiropractic * Osteopathy * Homeopathy * Herbal medicine * Massage Therapy There are also many other CAM therapies available, examples of these are, Reflexology, Hypnotherapy, Aromatherapy, Reiki, and Faith or spiritual healing. All of these methods people can find easy access to, if however, they are willing to pay, due to the lack of GP's who have the funding or believe that it will work, I will talk about this more later. Acupuncture originates from the Far Eastern countries and has been practised there for thousands of years, although many practitioners provide a Western form of medical Acupuncture, which is based on modern understanding involving the body's nervous system. Osteopathy and Chiropractic are both highly recommended therapies and seem to be the only two who have their own regulatory councils and gives the name ‘primary care practitioners' to those who carry out the service. Osteopathy is used to treat any age group and it uses soft tissue massage, stretching and manipulation separation techniques, which helps to treat spinal pain, mus cle or joint pain or sports related injuries. Chiropractors treat the nervous system and improving skeletal movement, they also use spinal manipulation to help sufferers of migraines, repetitive strain and sciatica. The Royal Family and 1 in 5 of the population, regularly use homeopathy, it treats people by using the method that whatever can make ill you can also make you well, it is more commonly used to treat eczema, arthritis, asthma and PMS. Herbal Medicine is the oldest method of medicine and is used all over the world with sales topping à ¯Ã‚ ¿Ã‚ ½126 million every year from over the counter therapies. The most common illnesses which it treats are migraines, arthritis, depression, insomnia and lung, stomach, blood and skin disorders. Massage Therapy, is the manipulation of soft tissue for therapeutic purposes, and is commonly used along side cancer therapy and is also popular amongst athletes. In 1995, Kate J Thomas, J P Nicholl and Margaret Fall, conducted a survey of how many GP's were referring their patients to CAM. They sent out their questionnaires via the post to 1226 individual GP's in a random cluster sample or GP partnerships in England, this was 1 in 8 GP partnerships in England in 1995. The method set by them was to assess estimates of the number of practices offering ‘in-house' access to any form of complementary therapies or if this was not available were they making referrals outside the practice, and if there was any funding available for CAM. The total number of returned questionnaires was 964 (78.6%). Out of those, 760 also gave detailed information. The results showed that an estimated 39.5% of GP partnerships offered some form of access to CAM for their NHS patients. An estimated 21.4% offered it via a member of the primary health care team, 6.1% had employed andindependent' CAM therapist, and an estimated 24.6% made referrals for CAM. The volume of CAM available within any individual service seemed to be low; acupuncture and homoeopathy are the most commonly available therapies. The number of patients who had to pay for the services of CAM, which were recommended by their GP's, was 25%. The survey found that fund holding practices were more likely to offer CAM compared to non-fund holding practices, these figures are 45% versus 36%. This proved that fund holding practices had more scope to offer CAM at the primary care level, evidence was also available to show that unless the primary care groups and primary care trusts help to support the provision of CAM to all practices then the level of which it is available will decline w ithin time. There is always going to be doctors who are opposed to CAM, it was easy to find evidence of this, on the BBC website I found two articles straight away, the first headlined as, ‘Doctors attack bogus therapies'. The article goes on to describe how some of Britain's leading doctors are urging the NHS to stop using CAM and to only pay for medicine which has been proven with solid evidence that it is successful, there are concerned about the amount of money that the NHS is spending on â€Å"unproven or disapproved treatments†, like those used by practitioners of CAM. They talk about Herceptin being of high cost so the NHS don't regularly fund it, but these ‘bogus' therapies are being funded. Prince Charles advocates CAM and wants the funding to continue, he also wants it to be integrated with conventional medicine, he told the World Health Assembly in Geneva: â€Å"The proper mix of proven complementary, traditional and modern remedies, which emphasises the active participation of the patient, can Help to create a powerful healing force in the world.† (Prince Charles, BBC News, 2006) This statement is criticised by doctors as ‘Implausible treatment', meaning that more than 12 reviews done off CAM have failed to produce any evidence of the effectiveness of CAM. Dr Peter Fisher, of the Royal London Homoeopathic Hospital, says that these doctors opposing CAM seem to be causing a â€Å"Medical apartheid† within the NHS. Evidence in this article says that about half of GPs are thought to refer patients to CAM. My conclusion is that all the evidence points to the fact that general practitioners are just not ready for the change, they have trained at medical school for 5 years learning to use chemical drugs, and have been taught to trust them, which is good, but I feel that they need to be more open to the fact that the methods that CAM offer is beneficial to complement chemical drugs, and sometimes can eliminate the use of chemical drugs where relaxation is more beneficial. Take for example someone with stress, which can lead to depression, in this case anti depressants would be the most common form of chemical drugs, but say however the patient was offered massage therapy or aromatherapy to relax them, this may in the long run be more beneficial to the patients health. The implications of long time chemical drug use has been publicised many of times, yet there is no evidence to suggest that the services that CAM offer would harm with long term use. So why is the funding not available for more research to be done to help gain peoples confidence in CAM? I agree that times are hard with the NHS, but really in the majority of matters with the government it always comes down to funding or rather lack of funding. If we take funding/money out of the equation then is another problem area for CAM that people have closed minds, in that they do not want to try something new? It would be interesting if the ages of the General Practitioners were available who readily refer patients on to organisations that use CAM, because as people get older they become less accustomed to change, and are the new generation of doctors more open to change, whereas the older generation of doctors are more prone to not changing from chemical drugs. I will be interested to see what happens with the introduction of more CAM services within the NHS, will time change things? We can only wait and see, but personally I would like to see more of CAM introduced in the NHS.

Essay about An Analytical View of Say Yes by Tobias Wolff

An Analytical View of Say Yes by Tobias Wolff Say Yes is an emotional sorry of love and its pitfalls. The husband loves his wife dearly but fails to really know that all she wants to hear is affirmation of her proposal of love despite the racial undertone involve. The Husband does not come to the realization of this concept until the end of the story when he accepts the proposal and puts forth the effort to make it up to Ann The story begins around dusk, one evening in a non descript kitchen on El Camino Street in some unnamed American ghetto. The mood of the evening soon changes for the worse. While a husband and a wife wash dishes they quibble about inter-racial marriage, specifically†¦show more content†¦Wolff writes the short story from the first person perspective of the Husband who, #8230;went to school with blacks #8230; worked with blacks and lived on the same street with blacks and #8230; always gotten along just fine., ho wever; Wolff did not intend for the reader to perceive that the Husband is racist. Although his wife feels two cultures with two distinct backgrounds could know one another; her Husbands insight of multi-cultured relationships remained unchanged. Although in love, two people of differing races or cultures could never conceptually know each other. The Husband loves his wife and the narrator writes through the tenderness of the Husbands eye. When Ann slices her finger re-washing the silverware, all animosity is lost as he scrambles up stairs to get her a Band-Aid as a peace offering to cease the argument. He finishes the cleaning in the kitchen and goes as far as to mop the floor while he waits for the frustration and anger to subside in his Wife. The author carefully crafts the story so that every detail contributes to a certain unique or single effect, whether it is as complex as irony or as simple as depiction of feelings. The Husband describes his absolute love for Ann as he reminisces about the years he spent with her and how deeply he knowsShow MoreRelatedFundamentals of Hrm263904 Words   |  1056 Pagesyou your students need to get started www.wileyplus.com/firstday Student support from an experienced student user Ask your local representative for details! Collaborate with your colleagues, find a mentor, attend virtual and live events, and view resources www.WhereFacultyConnect.com Pre-loaded, ready-to-use assignments and presentations www.wiley.com/college/quickstart Technical Support 24/7 FAQs, online chat, and phone support www.wileyplus.com/support Your WileyPLUS Account Manager

The Giver By Lois Lowry - 962 Words

In Lois Lowry’s The Giver the community feel free but they are restricted by the rules of this society. Their individuality has been taken away along with their emotions, precision of language has taken control and the rules have brainwashed the community. Is it worth living in a society with rules and restrictions like these. Throughout The Giver, Lowry attempts to awaken each and every reader to the dangers that exist when people opt for conformity over individuality and for unexamined security over freedom. At one time in the past, the people who inhabited Jonas community intended to create a perfect society. They thought that by protecting the citizens from making wrong choices (by removing their choice), the community would be†¦show more content†¦For example, when Jonas asks his parents if they love him, his mother scolds him for using imprecise language. She says that love is a very generalized word, so meaningless that it s become almost obsolete. To Jonas, however, love is a very real feeling. The community that Lowry creates in The Giver stresses precision of language. Precise language, however, in this community, is not precise at all but rather is a language in which the meanings of words are intentionally unclear. For example, each family unit participates in the telling of feelings every evening. This sharing is ironic because the people don t have any feelings. They gave up their feelings when they chose Sameness. Another word that is ironic and not precise is Nurturer. Jonas father, a Nurturer, is supposed to be a caretaker of infants. He does care for infants, but he also kills them. One of the reasons why precise language is so very important to the community is that it ensures that nobody ever publicly lies, although at one point Jonas finally realizes that the whole community is a lie. In this way, the people can be controlled. As Jonas mother tells him when he asks her if she loves him, . . . our community can t function smoothly if people don t use precise language. The use of precise language in Jonas community has contributed to the creation of a non-human society, the people function as robots and have no feelings. Lowry stresses theShow MoreRelatedThe Giver by Lois Lowry869 Words   |  3 Pagesbeing ourselves and expressing who each of us are to the world. However, in the book The Giver by Lois Lowry, everyone is raised to count on one another and everyone must look and act the same. Our society differs from Jonas’s in many ways, such as the family units, birthdays, and the way we each learn about our past. In the book The Giver, our society and Jonas’s differ in terms of the family units. On page 8, Jonas’s motherRead MoreThe Giver By Lois Lowry940 Words   |  4 PagesLois Lowry’s 1993 young adult novel â€Å"The Giver† captured audiences worldwide with its fascinating characters and dystopian society. The book was long due a film adaption, which finally came in 2014 from director Phillip Noyce. While critics remained mixed about the film itself, the movie offers a decent adaption of its source material, keeping in mind its original themes of pain, pleasure, and memory, but strays away in certain areas. Both the film and novel carry the same themes that have madeRead MoreThe Giver, By Lois Lowry1796 Words   |  8 Pages Memories need to be shared,† words from Lois Lowry in her book The Giver (154). The Giver focuses on the protagonist, Jonas and the world he lives in. In his community everything is perfect and under control, avoiding war, fear or pain. The people are forbidden to make their own decisions as they’re made for them by the community. Throughout the book, Jonas learns the truth on how they are living and his feelings turn. In The Giver, written by Lois Lowry, the theme of the significance of sharingRead MoreThe Giver By Lois Lowry1949 Words   |  8 Pagesbeliefs or personal values that they insist on imposing over the surrounding community. Such is the case with Lois Lowry s The Giver, a fictional story of a society without emotions, arguments, or differences amongst people, where equality is the ultimate goal. The story revolves around 12-year-old Jona s, who is chosen to become the Receiver of Memories, which would be given to him by the Giver, a historian of humanity s past. His lessons force him to confront feelings for the first time and the growingRead MoreThe Giver By Lois Lowry784 Words   |  4 PagesTitle: The Giver Author: Lois Lowry Illustrator: No illustrator Genre: The genre of the book is scientific fiction. It is scientific fiction because Lois Lowry made a setting where everything is unusual than the things we do now. There are birthmothers, rarely Receivers of Memory ( which Jonas turns out to be ), and other special jobs in the community center. Point of View: The point of view in the story is third person because if there was a first person, the narrator ( which is a person that isRead MoreThe Giver By Lois Lowry884 Words   |  4 PagesGiver Essay Agustin Fitipaldi Bervejillo In the book The Giver, by Lois Lowry. The main character Jonas is not like others in his utopian community. He is a normal 12 year old boy and is living in the same old community of sameness. Until one day he gets selected to be the Receiver of Memory and begins to experience things on a different way because of the memories being transmitted to him. As the changes become more evident, Jonas begins to see flawsRead MoreThe Giver By Lois Lowry1334 Words   |  6 Pages Ella Smailn How has the character Jonas from Lois Lowry s book The Giver developed over the course of the novel? Word count: 1311 Louis Lowry’s The Giver, written in 1993 is a captivating, prize-winning novel. It is set in a community, which is first presented as the perfect world, an utopian society. The novel follows a boy called Jonas, who as the novel progresses sees the utopia more like a dystopian. This community has eliminated any pain the society would have byRead MoreThe Giver by Lois Lowry959 Words   |  4 PagesThe giver by Lois Lowry was an interesting book to say the least. In the beginning you are lead to believe these are normal kids and characters, possibly in the future, but in pretty much the same state of mind as our definition of â€Å"human† today. As the book goes on, you are slowly let in on details, like the characters can not see color, and that the parents are not biological parents, and everything is organized and decided for the characters in the book. The author did a great job of slowly bringingRead MoreThe Giver By Lois Lowry1554 Words   |  7 PagesBlock 6 Second Independent Project: Book Report 10/5/14 The Giver In this essay, I am going to report about the book The Giver by Lois Lowry. Jonas, a twelve-year-old boy, is the main character of the book. The book describes a seemingly indestructible society, with absolute order and rules. Jonas happens to be chosen as the next Receiver of Memory on his twelve year old ceremony. After receiving part of the memories from the The Giver and discovering the truth behind this â€Å"perfect† community, heRead MoreThe Giver By Lois Lowry1313 Words   |  6 Pagesis no pain, no prejudice, no emotion, and no detestation. Lois Lowry gives a vivid description of a community where everything is equal, everyone is just as important as another, and life choices are made by only one individual. In the book The giver by Lois Lowry, it expresses the exact opposite of Marx’s most important ideas which is a prime example of what people will do if they were forced to live a certain way. In the book The Giver, it tells the story of a perfect world. Everyone there is happy