Life History Interview with Elderly Person

Life History Interview with Elderly Person Interview with an Older Person Christopher Mason Introduction Dr. Cheryl Lynn Robley is a 66 year old Caucasian female who currently lives in a retirement community in the Mississippi coastal town of Gulfport. She moved there from Tennessee to be near her son and two grand-daughters after being widowed a little over four years ago. While she enjoys being near her family, Dr. Robley explains it has been difficult adjusting to not only living alone, but also coming to grips with a new environment and an older age. Being brought up in a small southern farm town in West Tennessee during the 1950s and 60s, she attributes her commitment to care to her family, particularly her father. It was perhaps his encouragement and love that played the biggest role in her need to succeed not just as a woman, but also as a professional. She recalls that her first memory is of a trip to the store with him when she was four years old. Cheryl remembers walking hand in hand with her father as he looked at her and said, â€Å"Well, I’m with my best girl and sh e’s shinin’ bright as a star† (Dr. C. L. Robley, personal communication, August 1, 2014). Dr. Robley’s life has seemingly been one marked with challenge, opportunity, loss, as well as a desire to make a contribution to future generations. Childhood and Adolescence Normal growth and development has historically been described in relation to eight phases of maturation. Psycho-analyst, Eric Erikson, deemed these goals of intrinsic worth gained through personal development as, â€Å"trust, autonomy, initiative, industry, identity, intimacy, generativity, and integrity† (Sigelman Rider, 2014). While it is important to recognize that Erikson’s theory provides the framework of individual development through the cycle of eight defining moments, he makes no specification to the differences that gender or socioeconomics may play in the role of the life-span. Perhaps the first precipitating stressors that one can recognize in Dr. Robley’s life was when she was only twelve years old. An excellent example that follows the components of Stuart’s Stress Model occurred when Cheryl lost her three year old brother to Leukemia. The death of a loved one can be not only the test of how well an individual uses their resources to cope, but can also be a test of the resources for an entire family. As a child, Cheryl grew up active in her church and community and she found that there was solace in both of her grand-mother’s homes. She remembers that her piano lessons went on, as her classes at school did, but the death of her younger brother was too much for her mother to bear. Cheryl said that she had to become the mother to her younger sister. â€Å"It was hard to be thrust into a role that I knew nothing about† (Dr. C. L. Robley, personal communication, August 1, 2014). During this phase children re-analyze their individu ality to discover the function that they will fill as adults. Failure to substantiate a personalized identity during this period of time can lead to role confusion and can cause a person to be uncertain of their identity inside society (Santrock, 2011). The biopsychosocial components of Stuart’s Stress Model suggest that Cheryl had the predisposition as well as strong family relationships that enhanced her ability to respond to grief in an adaptive rather than a maladaptive manner. She states that although her sister, one year younger, was not aware of the seriousness of their brother’s illness, she [Cheryl] knew that her bother would die because she looked up his diagnosis. She listened and observed everything around her, and those things that she did not understand, she either asked one of her grand-mothers about or looked up in an encyclopedia. This served as a background and education that prepared her to deal with the weight of death at such a young age (Stuart, 2 012). Erikson surmised that the relationships and conflicts a child confronts in society, specifically with the family, allows a child to begin to develop an ego and personality through their experience with â€Å"trust versus mistrust†. The possibility of positive outcomes through this life-stage, as with every other virtue, is a double-edged sword. An individual’s experience upon being challenged or threatened is a unique response that swings the spectrum of the maladaptive to the adaptive continuum of coping (Erikson, 1950; Stuart, 2012). Cheryl’s father, who was a science and math teacher, owned the large farm she grew up on, and later became Tennessee’s largest cotton crop farmer. Her mother was a high school beauty queen who was also a teacher for a short time before becoming a full-time house-wife and mother of four daughters. As a teenager, Cheryl was her church’s pianist, played basketball, and graduated as her high school’s valedictorian. She felt acceptance and pride from her father and most of her family. She always felt an obvious disconnect from her mother that had a negative effect on her self-concept as a female. She gained confidence through her accomplishments, and enjoyed making her father proud. At a young age she began to establish her identity within a society. Her mother’s critical nature probably had some lasting effect and could have contributed to role confusion and negative self-image, if her father had not played such a prominent role in her life. Cheryl says , â€Å"Into young adulthood I became not only his confidant, but he truly valued my opinion. During the holidays, the other women were in the kitchen, my father asked me to sit and converse with the men† (Dr. C. L. Robley, personal communication, August 1, 2014). Young Adulthood Cheryl also gained acceptance from her peers who voted her most likely to succeed in her senior class superlatives election. In 1968, she was accepted to Vanderbilt University in Nashville Tennessee. As she moved away from home, she began to have more control over her social circles and environment. Cheryl continued her high school success as an academic, asserting her independence. Cheryl says, â€Å"While college was an adventure in exploration, I had been instilled with a belief system; unlike some of the other students I did not go wild† (Dr. C. L. Robley, personal communication, August 1, 2014). According to Erikson, this stage of life can be a struggle between willpower and impulsivity and a balance between the two factors tends to give way to purpose and direction (Erikson, 1950). One of the more salient proponents of Stuart’s Stress Model is the individual’s choice, emotional, behavioral, and psychological response in life when risk is encountered. Cheryl discussed her time at Vanderbilt as the point at which she found her voice. After joining a sorority, â€Å"the girls tried to tell me who I could and could not be friends with† (Dr. C. L. Robley, personal communication, August 1, 2014). This was a clear test of how Cheryl would adapt to the consequences of potential injury of being judged in a life situation. She dropped out of the sorority and was friends with who she wanted to be friends with. Cheryl knew that her father had wanted to be a physician, and in college she was working toward this goal until confronted with her first psychology class. Dr. Robley says, â€Å"That one class certainly put my life on a very different track† (Dr. C. L. Robley, personal communication, August 1, 2014). After being given her typical Vanderbilt co-ed card by fraternity row, and three years of hard work, she graduated with a baccalaureate degree in psychology. She began graduate school at the University of Tennessee at Knoxville (UTK) with the coveted Veteran’s Administration (VA) scholarship. Even though Cheryl was very intelligent, she was quite reserved. At UTK, she was confronted with the first of her professors who cursed incessantly for shock appeal. Cheryl says that she turned red in every single class and stayed red until the end. She focused all of her energy on not letting this professor get the best of her. For Dr. Robley, learning to curse, became a defense mechanism. (Stuart, 2012). Cheryl was told by her professor and advisor that she was instinctually a diagnostician, and a natural therapist. She was one of three females in the Psychological Doctorate of Philosophy (Ph.D.) program at UTK in the early 70s. Cheryl said that is was very different from being in a program now. One difference was the data processor she used was the size of a small room and utilized punch cards. After-all, personal computers were yet to be invented. It was the time after the Vietnam War when psychology was a young science, as were many other innovative technologies we use today. She considers herself extremely lucky to have found and excelled at a skill that she was inherently good at and could be of help to so many people. It gave meaning to who she was, and affirmed her place in society. Dr. Robley is very familiar with the works of Erikson, Freud, and Maslow. She believes that in essence each of their theories effectively parallel one another in characterizing the cycle of action and reaction during growth patterns. â€Å"Each of Erikson’s stages or crises, must occur and in sequence, but the lines that separate these stages, do blur. People mature at different rates† (Dr. C. L. Robley, personal communication, August 1, 2014). Dr. Robley had the opportunity to do internships in Miami and Houston; she extraordinarily was also trained by the Federal Bureau of Investigations (FBI). Once Cheryl became Dr. Robley, she was hired as the director of the Alcohol and Drug (A D) unit at Moccasin Bend Psychiatric Hospital in Chattanooga Tennessee. It was the first year that the A D unit was open. Because funds were very limited, she and other employees completed the painting, renovations, and made quilts for the patient beds. She had complete autonomy. She interviewed and hired every nurse and orderly that would work in that unit. As a woman in such a position of authority, she found that the employees interested in helping the community were willing to follow her lead. However, every Friday, she met with the board of the hospital by which she was talked over and ignored until she remembered the shock factor of cursing. They did not expect her as a 5’ 2† 115 lb. girl to climb onto the conference table and pace back and forth in 3 inch heels cursing at the top of her lungs. She knew she made a risky choice that could have cost her career, but this smoky ro om full of middle aged men was uncharted territory for a young woman. In Stuart’s Model, the appraisal of stressors occurs when one gives cognitive meaning to previous loss, the weight of a potential obstacle, or challenge that emphasizes the chance of gain as opposed to the risk of loss (Stuart, 2012). In the 1970s, Cheryl would never have been successful as Dr. Robley without this kind of resilience, hardiness and self-assurance. Cheryl met Talle, a brazen artist that worked as a medical technician. When they met in her office, he propped his work boots on top of her desk and said, â€Å"You’re good, and I don’t know when you’re bluffing, but you are bluffing some of the time. No one as young as you are knows as much as you claim to know† (Dr. C. L. Robley, personal communication, August 1, 2014). Cheryl says that the only logical conclusion that she could draw was, â€Å"here is a challenge† (Dr. C. L. Robley, personal communication, August 1, 2014). They began dating. Cheryl says, â€Å"This was the time of my life† (Dr. C. L. Robley, personal communication, August 1, 2014). Although they were a perfect match, he never wore anything but blue jeans and she had never owned even one pair. Cheryl remembers that when she was in school the girls were required to wear skirts. When it snowed in Tennessee, she got to her class on the other side of the hill by sledding down t he icy slope on a piece of cardboard in a pencil skirt. She wasn’t completely demure. Cheryl laughs and recalls going to class to take an exam close to the holidays in a trench coat with nothing underneath. Middle Adulthood In 1976, the couple were pregnant and married. According to Erikson, â€Å"love and affiliation†, and whether one is emotionally and physically available to become intimate is one of the more important stages in an adult’s personal life (Erikson, 1950). Cheryl and Talle had a daughter, and three years later, a son as well. At this time, the family moved back to Cheryl’s home town of Jackson Tennessee; she opened a private practice that flourished. Her children were her greatest happiness and she was able to support her husband’s artistic talent as the breadwinner, but it was really being able to give back to the community she grew up in that made her feel like all of her hard work had been worth-while. Erikson’s outline of human development is very applicable to this statement as his 7th stage, â€Å"generativity versus stagnation†, points out the personal need to help others through there crisis stages or rather to make a difference in this world that one might see as a legacy. Cheryl stated with a shaky voice, â€Å"We were a very happy family, until I began to develop medical problems that no one could have predicted† (Dr. C. L. Robley, personal communication, August 1, 2014). Late Adulthood Dr. Robley developed migraines, degenerative disc disorder, and rheumatological problems around 40 years of age. While these problems began slowly, there were few health care professionals who knew enough about migraines and medication errors to effectively treat her. She continued working, even vomiting between patient sessions. She felt that there might be hope when she became aware of sumatriptan. While it was not available in the United States at that time, she was able to have it shipped from the Netherlands and later Canada. For a year it allowed her to resume work completely, as well as her life. The miracle of this resolution seemed to come to an end in one fell swoop. Developing an ischemic attack that resulted in a blocked artery left her unable to continue using the triptans for migraine relief. Physicians not knowing what to do, over-prescribed steroids for the inflammation which also caused her to develop diabetes mellitus type II. She was forced to close her practice an d allow both social security and private disability to pay for her medical bills and support her family. Cheryl and her husband had both always loved the freedom of being self-employed, however hard the work might have been. However, Talle shifted his focus from his own work to become a college professor of art. Dr. Robley feels that she has lost so much of what she has worked hard for and after losing her husband, has found herself to be more isolated and less involved in life. She has effectively disengaged. She says that she has fought for years and no longer owns a house or has any of the nice things that she once had. Although she sees her son and two grand-daughters most every week, and talks with her daughter who lives across the country; she for the first time in her life is not just alone, but lonely. Erikson was frugal in his utilization of the word achieve in the linguistic context of productive results, because it was implicit of gaining something distinct and everlasting. The psychosocial evolution is not straightforward and is not permanent: any former crisis can successfully return to anyone, albeit in a dissimilar pretext, with productive or unproductive outcomes. This perchance helps explain how high achievers can utterly fail, and how unsuccessful persons can in the end become ‘high achievers’. No-one should become contented, and there is promise for us all. (Amory, 2012, p. 253) Conclusion Dr. Robley said, â€Å"The person I identified as myself I no longer see. The accolades of my career feel like a former life† (Dr. C. L. Robley, personal communication, August 1, 2014). It is easy to see that Dr. Robley has had a lifetime of change in the last few years of her life. Without support or help, it would be difficult for anyone to cope with the drastic changes of illness, loss of finances, and especially the loss of a spouse. She must be encouraged to continue with the coping and defense mechanisms that produced the amazing doctor that gave to so many people. When you spend your hours taking care of the entire world, what do you do when the only person you have left to take care of is yourself? The Stuart Stress Adaptation Model interrelates a person’s unique reaction to stress given predisposing factors, the type of stressor, the individual’s perception of circumstances, as well as the available resources, and which resources one chooses to use in re action to the stressor (Stuart, 2012). The continuum of coping responses can vary from productive to damaging and can manifest as physical symptoms. The continuum from maladaptive to adaptive coping responses is a measurement of how healthy our reactions are. The final stage of Stuart’s Stress Model is the treatment and intervention stage. These are the exploration by the nurse and patient of both positive and negative consequences that were enabled by the patient’s cognitive misperceptions, and were then followed by maladaptive actions. A nurse’s goal is to help the patient to become aware of poor choices that result in negative consequences, and analyze strategies that are in favor of health promotion and a patient’s positive change in behavior. Dr. Cheryl Lynn Robley would perhaps benefit from a nursing intervention that refocused her interest in life by helping her to understand the things that she regrets. A nursing intervention directed toward stren gth training and balance might give her the capability to be more functional on a daily basis. A nurse and patient partnership toward better health has the ability to remind an elderly person that age is only a number and offer nurses the opportunity to begin their own legacy. References Amory, D. (2012). 3.23.3 Eriksons psychosocial development theory. In Techniques for personal coaching and self-coaching (p. 253). Raleigh, NC: Lulu.com. Erikson, E. H. (1950). Childhood and society. New York, NY: W. W. Norton Company. Santrock, J. W. (2011). Life-span development (13th ed.). Boston, MA: McGraw-Hill. Sigelman, C. K., Rider, E. A. (2014). Life-span human development (8 ed.). Stamford, CT: Cengage Learning. Stuart, G. W. (2012). Principles and practice of psychiatric nursing (10 ed.). Maryland Heights, MO: Elsevier Saunders: Mosby.

Language attitudes comprise Essay

Bilingualism is the ability of an individual to speak in two languages and to utilize them for different purposes. The degree of bilingualism is defined as the levels of linguistic proficiency that a bilingual must attain in both languages (Ng & Wigglesworth, 2007). There are various factors that may affect the acquisition of the degree of bilingualism in home, school and work settings, including the age at which the language is acquired, to whom the language is utilized, the manner in which the language is used, and the frequency of usage of the language (Ng & Wigglesworth, 2007). There are two contexts in which bilinguals acquire their skills in using two languages: primary and secondary. Primary contexts pertain to a child’s acquisition of both languages in a naturalistic way in the absence of any structured instruction, while secondary contexts pertain to a child’s acquisition of one of the languages in a formal setting, usually school (Ng & Wigglesworth, 2007). Children, who are able to acquire two languages in a primary context during their infanthood, adopt the languages due to natural input in the environment, usually provided by the parents, siblings, caregivers (Ng & Wigglesworth, 2007). However, when the child enters his or her early childhood, the input may be provided by other sources, like the wider community or the extended family (Ng & Wigglesworth, 2007). According to Ng and Wigglesworth (2007), age plays a key role in the development of bilingualism because there is a strong relationship between the age of acquisition and the ultimate achievement of language proficiency at different linguistic levels. The authors add that attitudes, motivation, and contextual factors such as exposure have been found to affect strongly on the final attainment of the learners’ language proficiency level. Bilingualism has a psychosocial dimension that can greatly affect a child (Bialystok, 2001). The language a person speaks has a role in the formation of his or her identity, and speaking a language that is not completely natural has the possibility to interfere with the child’s construction of self (Biolystok, 2001). A child who is a bilingual due to relocation, especially unwanted relocation, may dislike the new community language he or she has learned despite of his or her proficiency with it (Biolystok, 2001). Factors that affect bilingual children must account the attitudes to the language and the role of language in forming ethnic and cultural affiliations (Bialystok, 2001). The reasons why children become bilingual include education, immigration, extended family, dislocation, temporary residence in another country, or being born in a place where bilingualism is normal (Bialystok, 2001). Social factors that affect the child’s development of bilingualism include parents’ educational level and their expectations for children’s education, degree, and role of literacy in the home and the community; language proficiency in the main language used; objectives for using the second language; support of the community for the second language; and identity with the group who speaks the second language (Biolystok, 2001). The quality and quantity of the interaction also affects the child’s acquisition of two languages. Attitude has been associated to the language proficiency, bilingual’s usage of two languages, bilingual’s perception of other communities and of themselves (Ng & Wigglesworth, 2007). Attitude has also been linked to the strength of bilingual communities and to the loss of language within the community. Furthermore, it is a powerful force that emphasizes the experience of being bilingual and the willingness of members of a minority group to contribute to the maintenance of a minority language (Ng & Wigglesworth, 2007). Language attitudes comprise of three major components of cognition, affect, and readiness for action. The affective component may not be similar with the cognitive component, while the readiness for action component analyzes whether feelings or thoughts in the cognitive and affective components translate into action (Bee, Wigglesworth). There are different types of bilingual acquisition in childhood. In the ‘one person, one language’ type of acquisition, parents have different native languages with each having some degree of competence in the other’s language, the language of one of the parents is the dominant language in the community, and the parents can speak their own language to the child from birth (Romaine, 1995). In the ‘non-dominant home language’ type, the parents have different native languages, the language of one of the parents is the dominant language in the community, and both parents speak the non-dominant language to the child who is completely exposed to the main language only when outside the home (Romaine, 1995). In the ‘non-dominant home language without community support’ type, the parents use the same mother tongue, the dominant language is not utilized by the parents, and the parents speak their own language to the child (Romaine, 1995). In the ‘double non-dominant home language without community support’ type of acquisition, the parents are using different native languages, the dominant language is different from either of the languages of the parents, and the parents each use their own language when speaking to the child from birth (Romaine, 1995). In the ‘non-native parents’ type of acquisition, the parents use the same native language, the dominant language is similar with that of the parents, and one of the parents always speak to the child in a language which is not his or her mother tongue (Romaine, 1995). In the ‘mixed language’ type of acquisition, the parents are both bilingual, the community may also be bilingual, and parents may code-switch and mix two different languages (Romaine, 1995). Romaine (1995) explains that various individual factors may affect the outcome in each type of bilingual acquisition in childhood, including the amount and kind of exposure to the minor language, the consistency of parents in their language choice, attitudes of children and parents towards bilingualism, and the individual personalities of children and parents. Types of Bilingualism A child learns his or her first language during his her five years of life. He or she spends several hours of listening, repeating and learning his or her first language by trial and error. The second language can be learned by a child by various clues that assist him or her to understand the message such as the intonation and by memorizing rules in grammars or lists of words. The desire of a child to communicate using the second language is not powerful, particularly in a school environment. A child can learn a second language easier when he or she is involved or lived in a community where the second language is spoken because it provides him or her a chance to use it. The three types of bilingualism are compound, coordinate and sub-coordinate bilingualism. Both coordinate and compound bilingualism are categorized as forms of early bilingualism because they are developed in early childhood. The sub-coordinate bilingualism is developed when a second language is acquired by a child after age 12. In coordinate bilingualism, an individual learns the languages in different environments and the words of the two languages are separated with each word having its own specific meaning (Romaine, 1995). A child may acquire coordinate bilingualism when his or her parents have different native languages and each parent speak to the child using his or her own native language. He or she develops two different linguistic systems that he or she can handle them at ease. Another situation wherein a child can adopt coordinate bilingualism is when the mother tongue mastered by a child is adopted by parents who use a different language. The languages in the coordinate bilingualism are independent. A coordinate bilingual has two linguistic systems and two sets of meanings linked to them (Romaine, 1995). In compound bilingualism, an individual acquires the two languages in the same circumstances, where they are utilized at the same time in order to have a mixed representation of the languages in the brain (Romaine, 1995). A child may acquire compound bilingualism when both parents are bilingual and use two languages when speaking to the child indiscriminately. He or she will learn to speak both languages without making an effort and accent but will never master all the difficulties of using either of the two languages. A child who acquires compound bilingualism will not have a mother tongue. The languages in compound bilingualism are interdependent. A compound bilingual consists of one set of meanings and two linguistic systems linked to them (Romaine, 1995). In sub-coordinate bilingualism, an individual interprets words of his or her weaker language through the words of the stronger language (Romaine, 1995). The dominant or main language utilized by a sub-coordinate bilingual plays a role as a filter for the weaker language (Romaine, 1995). The sub-coordinate bilingualism consists of a primary set of meanings formed through their first language and another linguistic system tied to them (Romaine, 1995). The Positive Aspects of Bilingualism According to Cummins, bilingualism has positive benefits to a child’s educational and linguistic development. The author adds that a child attains a deeper understanding of language and how to utilize it effectively when he or she continues to develop his or her ability in two or more languages during his or her entire years in primary school. A child has a chance to practice more in processing language, particularly when he or she develops literacy in both and he or she is capable of comparing and contrasting the ways his or her two languages create reality (Cummins). The research study indicates that a bilingual child may also develop more flexibility in his or her thinking because of the processing information through the use of two different languages (Cummins). Other positive effects of bilingualism include increase of mental alertness, broadening of horizon, and improved understanding of the relativity of all things (Appel & Muysken, 2006). A research study of 15-year-old Spanish/English bilingual children suggested that bilingualism encouraged creative thinking because of the greater flexibility in cognition demonstrated by bilinguals due to the fact that they better able to differentiate form and content (Romaine, 1995). Another research study also mentioned that bilingual children have a better understanding of concept formation, which is major part of intellectual development, because they were involved to a more complicated environment and an enormous amount of social interaction compared to children who were gaining only one language (Romaine, 1995). The superiority of bilingual children to monolingual children in terms of various tasks is dependent on their high levels of selective attention, which is the main mechanism of their cognitive performance (Romaine, 1995). One source of improving the bilingual children’s flexibility and creativity may come from a variety of semantic networks related with words in each language (Romaine, 1995). The relation between bilingualism and the social context of language acquisition indicates a positive benefit to bilingualism. The Negative Effects of Bilingualism Child bilingualism has negative effects on linguistic skills because he or she has a tendency to have a verbal deficit with respect to active and passive vocabulary, length of sentence, and the usage of complex and compound sentences (Appel & Muysken, 2006). Research study has also claimed that a bilingual child demonstrated more deviant forms in his or her speech, like unusual word order and morphological errors (Appel & Muysken, 2006). Bilingualism could also endanger the intelligence of a whole ethnic community and result to split personalities (Romaine, 1995). A bilingual child has a deficit in his or her language growth and a delay in his or her mother tongue development. Some psychologists have also stated that a bilingual child is more inclined to stuttering because of the syntactic overload brought by processing and producing two languages (Romaine, 1995). According to Appel and Muysken (2006), it is stated that speaking two languages is a negative factor in personality or identity development because bilingual persons are anticipated to experience a conflict of values, identities, and world views due to strong relation to the two different languages. The authors add that research studies have indicated that bilingualism may have negative effects on personality development but only when social conditions are not favorable. The emotional and social difficulties of certain bilingual persons are not due to bilingualism as a cognitive phenomenon but by the social context (Appel & Muysken, 2006). In order to avoid the degree of language loss in children, Cummins suggests that parents should form a strong home language policy and offer opportunities for children to broaden the functions for which they utilize the mother tongue, particularly in reading and writing, and the circumstances in which they can utilize it, like visits to the country of origin. Teachers have an important role in helping bilingual children maintain and develop their mother tongues by interacting to them strong positive messages on the value of acquiring additional languages and that bilingualism is a key linguistic and intellectual achievement (Cummins). They must also create an instructional environment where the cultural and linguistic experience of a child is actively accepted (Cummins). References Appel, R. & Muysken, P. (2006). Language Contact and Bilingualism. Netherlands: Amsterdam University Press. Bialystok, E. (2001). Bilingualism in Development: Language, Literacy, and Cognition. England: Cambridge University Press. Cummins, J. Bilingual Children’s Mother Tongue: Why Is It Important for Education? Retrieved June 7, 2009, from http://74. 125. 153. 132/search? q=cache:f490N3_lOpAJ:www. iteachilearn. com/cummins/ mother. htm+positive+effects+of+bilingualism&cd=5&hl=en&ct=clnk&gl=ph Ng, B. C. & Wigglesworth, G. (2007). Bilingualism: An Advanced Resource Book. U. S. : Routledge. Romaine, S. (1995). Bilingualism (2nd ed. ). Malden, M. A. : Wiley-Blackwell.

The Australian Constitution interpritation - Free Essay Example

Sample details Pages: 10 Words: 3136 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Australia Essay Did you like this example? Introduction Constitutional interpretation has been frequently discussed in many parts of the world, particularly Australia, which will be the main focus of the article. Generally, constitutions play a vital part in federal systems. Some theories of constitutional interpretation have been applied throughout a period of time until further reflection highlighted its shortcomings.[1] The debate over the importance of different modes of constitutional interpretation has been ongoing for a period of time. Don’t waste time! Our writers will create an original "The Australian Constitution: interpritation" essay for you Create order Before we begin considering the two major cases on hand and the different methods of constitution interpretation adopted in each, we will first reflect on the historical facts surrounding the emergence of the Constitution in Australia. The Constitution was drafted through the conventions of the 1980s, accepted by a referendum and then endorsed by a Statute of the British Parliament. Subsequently, the Commonwealth came into existence on 1 January 1901. It can be said that the distribution of powers in the Constitution was a reflection of the visions adopted by the founding fathers.[2] The functions and content of the Constitution mirror the agreement reached by the six colonies and accepted by a majority of its people.[3] With this background in mind, to refer to cooperative federalism as a à ¢Ã¢â€š ¬Ã‹Å"political sloganà ¢Ã¢â€š ¬Ã¢â€ž ¢ is to risk undermining the historical procedure which brought the Constitution in existence in the first place.[4] In Australia, the role of interpreting the Constitution is left to the High Court, but some leeway still remains for interpretation by the Parliament.[5] This is evident in cases where the Court defers the judgment to the Parliament or where a non-justiciable issue arises.[6] Since federation, there has been many debates surrounding the scope of powers listed in section 61 of the Constitution.[7] In making such a claim, initial and crucial issues arises, namely how a constitution and constitutionalism are best understood. Generally, there are two main competing views surrounding this contention. The first being that written constitutions are about locking things in.[8] In applying this view, it is understood that the Constitution does contain a list of Federal and State powers, rules related to how members of the Parliament are elected and so on. Such things will make it harder than normal for it to be altered or removed completely.[9] Therefore, the main point of adopting a written constitution is so tha t such rules can be locked in. The second view adopted is completely different to the first. Essentially it involves setting up guidelines and values that needs updating and reviewing from time to time as society changes and develops.[10] Modes of Constitutional Interpretation The subject of constitutional interpretation has been the talking point of many for the past few decades. Despite this, there is no exhaustive list of the academic approaches that has been developed pertaining to constitutional interpretation. In addition, there is no single set of interpretation theory that can be applied as the actual process involves various tedious steps and suppositions.[11] One of the most common modes of interpretation is the originalist method. Essentially, this enforces the fact that the constitution is to be read and interpreted in its original form as it was drafted.[12] As discussed, judges adhere strictly to what is in the written constitution. One significant drawback of this approach is the fact that with the continuous evolution in todaysà ¢Ã¢â€š ¬Ã¢â€ž ¢ society, it poses a strain of judges having to make decisions strictly based on rules that were drafted many years ago.[13] Having said that, many have considered the alternatives of originalis m to be unable to coexist with the democratic fundamentals of constitutionalism hence allowing too much discretion and admitting too much uncertainty in applying the constitution.[14] On the other hand, others believe that the constitution only provides general guidelines and principles of governance. In essence, the conformity to the constitution should not necessarily involve strict compliance of the framersà ¢Ã¢â€š ¬Ã¢â€ž ¢ intentions.[15] Also, some have raised the issue that the constitutional values of todaysà ¢Ã¢â€š ¬Ã¢â€ž ¢ society would be incompatible with such firm and rigid interpretation methods. This method of interpretation raises the notion of interpretivism and non-interpretivism. The former involves judges restricting themselves to applying norms explicitly listed in the text of the constitution.[16] Whereas the latter involves judges not being restricted to applying them explicitly or impliedly listed in the constitution.[17] Interpretivists are in agreeme nt with the analogy whereas non-interpretivists believe that judges may use principles not specified in the Constitution. Work Choices Case This case particularly reflects the need to appreciate the nature of applying interpretive decisions made by the High Court throughout history as so to evaluate usefully the High Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitutional work. The consistently expanding scope of the corporations power has played itself out in a number of ways.[18] Under section 51(xx), the Commonwealth has the power to regulate the employment relationship between à ¢Ã¢â€š ¬Ã‹Å"foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth.à ¢Ã¢â€š ¬Ã¢â€ž ¢ The decision of the High Court in New South Wales v Commonwealth (Work Choices case)[19] in 2006 reflects this proposition. To some, the judgment passed by the majority was in sync with constitutional heresy, whereas to others the judgment was a strict application of settled principles. In a joint judgment, Chief Justice Gleeson and Justices Gummow, Hayne, Heydon and Crennan held that under s51(xx) of the Constitution, the Commonwealth has the power to make laws regulating the employment relations of what are known as constitutional corporations. Further, they also held that the legislation permissibly limited State powers and did not interfere with State constitutions or functioning. Justices Kirby and Callinan delievered dissenting judgments. In this case, the majorityà ¢Ã¢â€š ¬Ã¢â€ž ¢s lengthy analysis of Huddart, Parker Co Pty Ltd v Moorehead[20] was not simply to approve the overruling of the judgment in the case of Concrete Pipes[21]. It also reinforced the majorityà ¢Ã¢â€š ¬Ã¢â€ž ¢s observance of the interpretive method adopted that was originally derived from the Engineersà ¢Ã¢â€š ¬Ã¢â€ž ¢ case[22]. After considering various High Court decisions pertaining to corporations power, developments in the early 19th century and Convention debates to amend s51(xx), the majority applied the statement of Gaudron J in Re Pacific Coal Pty Ltd[23] that the corporations power extends to: à ƒ ¢Ã¢â€š ¬Ã…“The regulation of the activities, functions, relationships and the business of a corporation described in that subsection, the creation of rights, and privileges belonging to such a corporation, the imposition of obligations on it and, in respect of those matters, to the regulation of the conduct of those through whom it acts, its employees and shareholders and also, the regulation of those whose conduct is or is capable of affecting its activities, functions, relationships or business.à ¢Ã¢â€š ¬Ã‚  However, at [57] the plaintiffs had relied on 3 major reasoning in support of the fact that the corporations power should not be read as supporting the WRA (as amended by the Work Choices Act). Firstly, it was highlighted that the corporations power was said to only extend to dealings in relation to persons external to the corporation in contrast to its internal relationships.[24] Hence, the relationship between a corporation and its employees were termed to be intern al in nature. Secondly, it was put forth that the corporations power did not support a law merely because it impose rights and obligations on a corporation.[25] The fact that a corporation is a foreign, trading or financial corporation should be significant in how it relates to the law.[26] However, the majority rejected these propositions on the corporations power. Their Honours emphasized at various points the need to read and construe the constitutional text and said at [142]: à ¢Ã¢â€š ¬Ã…“The general principles to be applied in determining whether a law is with respect to a head of legislative power are well settled. It is necessary, always, to construe the constitutional text and to do that à ¢Ã¢â€š ¬Ã…“with all the generality which the words used admità ¢Ã¢â€š ¬Ã‚ . The character of the law must then be determined by reference to the rights, powers, liabilities, duties and privileges which it creates. The practical as well as the legal operation of the law must b e examined. If a law fairly answers the description of being a law with respect to two subject matters, one a subject matter within s51 and the other not, it is valid notwithstanding there is no connection between the two subject matters. Finally, as remarked in Grain Pool of Western Australia v The Commonwealth, à ¢Ã¢â€š ¬Ã…“if a sufficient connection with the head of power does exist, the justice and wisdom of the law, and the degree to which the means it adopts are necessary or desirable, are matters of legislative choiceà ¢Ã¢â€š ¬Ã‚ . Subsequently, the High Court rejected the use of conceptions such as the à ¢Ã¢â€š ¬Ã‹Å"federal balanceà ¢Ã¢â€š ¬Ã¢â€ž ¢ to place a restrain on the scope of the legislative power.[27] However Callinan J in dissent warned that à ¢Ã¢â€š ¬Ã‹Å"the reach of the corporations power, as validated by the majority, has the capacity to obliterate powers of the State hitherto unquestioned.à ¢Ã¢â€š ¬Ã¢â€ž ¢[28] The judgment in the Work Choiceà ¢Ã ¢â€š ¬Ã¢â€ž ¢s case demonstrates that care needs to be taken in order to ask questions that can properly be answered from the historical record. [29] As Waugh commented: à ¢Ã¢â€š ¬Ã…“Historians find multiple intentions and diverse experiences in federations, while lawyers usually strive to establish single meanings in order to support definitive judgments. Historians explore personalities, setting, mood, culture, society, economy, theory and the meaning of events in such a broad sense that a lawyer in search of original intention must be tempted to give up and go back to something safe like the Convention Debates or the Federal Law Review. This interest in context can seem redundant to lawyers wanting precise information rather than contemporary colour.à ¢Ã¢â€š ¬Ã‚ [30] Therefore, to say that the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach is textualist, in the sense that it generally begins its analysis with the written text of the Constitutions, provides very little assistance.[3 1] Williamà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case Williams v Commonwealth[32] was another landmark case of the High Court that paid much attention to the scope of the federal executive power in s61 of the Constitution. This decision is also significant because it brought to light the interpretive methodology used by the Court in contrast to the Work Choices Case[33]. Questions regarding the orthodox method of interpreting the Constitution were raised after the judgment of the Williams Case was passed. This case involved the validity of an agreement entered between the Commonwealth and a private company that provided chaplaincy services in a Queensland state school.[34] The payments were made and supported by a valid Appropriation Act. Having said that, there was no express statutory authority for the Commonwealth to enter into the contract and make payments under it. This was challenged by Mr Williams as his children was attending the school that the chaplaincy services were being rendered. The Court, by a 6:1 majority upheld t he challenge. Four of the judges (French CJ, Gummow and Bell JJ, and Crennan J) held that Commonwealthà ¢Ã¢â€š ¬Ã¢â€ž ¢s power to enter into contracts and spend money was not overlapping the scope of the Commonwealth legislative power.[35] The Court relied on federalism, amongst other factors, in reading the Constitution prior to considering the repercussions it would have on future decisions. The Court had not only rejected the broad submission, it being that the Commonwealthà ¢Ã¢â€š ¬Ã¢â€ž ¢s common law capacities are unlimited, but also the narrow submission that the Commonwealthà ¢Ã¢â€š ¬Ã¢â€ž ¢s common law capacities followed the path of he Commonwealthà ¢Ã¢â€š ¬Ã¢â€ž ¢s legislative powers.[36] By contrast to the method adopted is the Work Choices Case, the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s process in Williams is characterized by deliberating the structure of the Constitution and the willingness to incorporate limitations into expressed powers minus a clearly express source for t hat limitation.[37] The most significant development of this Williamà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case was the use of the interpretive method adopted by the Court and its subsequent implications on a large scale. To address this issue in depth, it is necessary to consider the implications on the substantive conceptions which arose in the judgment. Federalism and federalism-reinforcing principles of constitutional interpretation were used in various ways in delivering the judgment for the case.[38] Firstly, some judges renowned federalism as a à ¢Ã¢â€š ¬Ã‹Å"cognitive checkpointà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the process of constitutional construction.[39] Gummow and Bell JJ particularly said that, à ¢Ã¢â€š ¬Ã‹Å"it was important to bear in mind that, when ascertaining the limits of the executive power of the Commonwealth, attention is to be paid by the Court both to the position of the States in the federal system established by the Constitution and to the powers of the other branches of the federal governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢.[40] This provides clear evidence of an approach that tends to lean towards constitutional construction with federal concerns in mind[41], as opposed to the method adopted in the Work Choices Case. As already discussed, the constitutional interpretation method adopted in the Work Choiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case that was derived from the Engineersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Case is unambiguously centralizing.[42] Generally this means that the process of constitutional interpretation happens in a progressive manner. Commonwealth powers are read in full and without regard to political and federal consequences of doing so.[43] Williams, on the other hand, marks a shift from this orthodox method of interpretation adopted in Work Choices Case, when it concerns construing executive as opposed to legislative powers.[44] The Constitution was read by the majority without the generality which the words used admit, nor was the wider definition of the words applied. In addition, the majority of the Court referred to à ¢Ã¢â€š ¬Ã‹Å"federalismà ¢Ã¢â€š ¬Ã¢â€ž ¢ as a generally accepted contemplation relevant to constitutional construction and interpretation without identifying the specific notion being called upon.[45] While the Work Choices Case provided strong affirmation of the principle that each conferral of powers are to be read fully on its own terms, Williams may be understood as a case strongly amused by a concern for constitutional coherence.[46] This was prominent in the federalism-reinforcing dissenting judgments of Callinan J and Kirby J in the Work Choices Case[47] and Heydon J in Pape[48]. Interpretive Federalism in Williams There has been much said about that s 61 reflects a special case and that Williams should not be taken to reflect a wider shift, especially when it concerns federal legislative powers. There are a number of factors that needs to be considered when addressing this argument. Firstly, the central issue with s 61 is that it is expressed in very general terms that ironically, it is usually read down than are the Commonwealthà ¢Ã¢â€š ¬Ã¢â€ž ¢s heads of legislative powers.[49] This stems from the general principle that Courts are more willing to read down general words in statutory provisions so as to maintain the validity of the Constitution.[50] As per Isaacs J in Le Mesurier v Connor[51], it is the generality of the terms in s 61 that makes it necessary to seek limiting factors from a source outside the Constitution[52]. However when it concerns head of powers, there is no necessity for doing so due to the specific terms used. Secondly, the construction of s 61 and s 51 differs in a way whereby s 61 is not bogged down by a heavy body of jurisprudence.[53] This had resulted in the decision in the Work Choices Case and as a result, the Work Choices Case will continue to have an impact on jurisprudence that will represent the limits of the heads of legislative power.[54] In contrast, s 61 can be approached in an opposite way as a matter of first impression and the Courts can start afresh when addressing such issues.[55] Conclusion In conclusion, it can be said that there is strong evidence to show that the Williams Case was a consequence of the Work Choices Case. However, one might also argue that the methodology adopted in Williams extends no further than s 61 and that it could mark a retreat from the Commonwealth power reflected in Work Choices Case.[56] Also, we have to pay attention to the fact that the Williams Case was not only about federalism, but also involved responsible government. One can argue that the principle of responsible government was more of a driving force of the judgment in Williams than federalism.[57] This goes to show that federalism-reinforcing characteristics will eventually become obsolete and a thing of the past in the near future. 1 [1] Justice Susan Kenny, à ¢Ã¢â€š ¬Ã…“The High Court of Australia and Modes of Constitutional Interpretationà ¢Ã¢â€š ¬Ã‚ , p 46. [2] French, Justice Robert , Co-operative federalism a constitutional reality or a political slogan (FCA) [2004] FedJ Schol 21. [3] Ibid. [4] Ibid. [5]Gabrielle Appleby and Adam Webster, à ¢Ã¢â€š ¬Ã…“Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Role in Constitutional Interpretationà ¢Ã¢â€š ¬Ã‚ , (2013) Melbourne University Law Review 37:255 [6] Ibid. [7] [8] James Allan and Nicholas Aroney, à ¢Ã¢â€š ¬Ã‹Å"An Uncommon Court: How The High Court Of Australia Has Undermined Australian Federalismà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2008) Sydney Law Review 30: 245, 248. [9] Ibid. [10] James Allan and Nicholas Aroney, à ¢Ã¢â€š ¬Ã‹Å"An Uncommon Court: How The High Court Of Australia Has Undermined Australian Federalismà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2008) Sydney Law Review 30: 245, 250. [11] Arun Sagar, à ¢Ã¢â€š ¬Ã‹Å"Constitutional Interpretation in Federations and its Impact on the Federal Balanceà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2011) Perspectivs On Federalism vol. 3, Issue 1, p 3. [12] Ibid. [13] Ibid. [14] Ibid. [15] Ibid. [16] Arun Sagar, à ¢Ã¢â€š ¬Ã‹Å"Constitutional Interpretation in Federations and its Impact on the Federal Balanceà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2011) Perspectives On Federalism vol. 3, Issue 1, p 6. [17] Ibid. [18] James Allan and Nicholas Aroney, à ¢Ã¢â€š ¬Ã…“An Uncommon Court: How The High Court Of Australia Has Undermined Australian Federalismà ¢Ã¢â€š ¬Ã‚  (2008) Sydney Law Review 30: 245, 274. [19] [2006] HCA 52. [20] Huddart, Parker Co Pty Ltd v Moorehead (1909) 8 CLR 330. [21] (2006) 231 ALR 1 at 18 [49] à ¢Ã¢â€š ¬Ã¢â‚¬Å" [50]. [22] Amalgamated Society of Engineers v Adelaide Steamship Company Ltd (1920) 28 CLR 129; Justice Susan Kenny, à ¢Ã¢â€š ¬Ã…“The High Court of Australia and Modes of Constitutional Interpretationà ¢Ã¢â€š ¬Ã‚ , p [23] Re Pacific Coal Pty Ltd; Ex Parte Construction, Forestry, Mining and Energy Union (2000) 203 CLR 346 at 375 [83]. [24] Australians Government Solicitors, à ¢Ã¢â€š ¬Ã‹Å"Work Choices Decisionà ¢Ã¢â€š ¬Ã¢â€ž ¢, 22 November 2006, p 2. [25] Ibid. [26] Ibid. [27] David Hume, Andrew Lynch and George William s, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 4. [28] Ibid; Work Choices Case (2006) 229 CLR 1, 332 [794]. [29] Justice Susan Kenny, à ¢Ã¢â€š ¬Ã…“The High Court of Australia and Modes of Constitutional Interpretationà ¢Ã¢â€š ¬Ã‚ , p 58. [30] J Waugh, op cit n 123, p 28. [31] Ibid at p 54. [32] Williams v Commonwealth [2012] HCA 23. [33] David Hume, Andrew Lynch and George Williams, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 2. [34] Shipra Chordia, George Williams and Andrew Lynch, à ¢Ã¢â€š ¬Ã‹Å"Commonwealth Executive Power and Australian Federalismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2013] 37 Melbourne University Law Review, p 2. [35] David Hume, Andrew Lynch and George Williams, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Pow erà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 2. [36] Gabrielle Appleby and Adam Webster, à ¢Ã¢â€š ¬Ã…“Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Role in Constitutional Interpretationà ¢Ã¢â€š ¬Ã‚ , (2013) Melbourne University Law Review 37:255, 289. [37] D. Hume, A. Lynch and G. Williams, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 4. [38] Ibid p 13. [39] Ibid. [40] Williams v Commonwealth [2012] HCA 23, [89]. [41] D. Hume, A. Lynch and G. Williams, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 13. [42] Ibid at p 18. [43] Ibid. [44] Ibid at p 19. [45] Ibid. [46] Ibid at p 20. [47] (2006) 229 CLR 1 207-8 [490] à ¢Ã¢â€š ¬Ã¢â‚¬Å" [493] (Kirby J), 307 [743] (Callinan J). [48] (2009) 238 CLR 1, 199 [569]. [49] D. Hume, A. Lynch and G. Will iams, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 21. [50] Ibid. [51] (1929) 42 CLR 481, 514. [52] D. Hume, A. Lynch and G. Williams, à ¢Ã¢â€š ¬Ã‹Å"Heresy in the High Court? Federalism as a Constraint on Commonwealth Powerà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2013) 41 Federal Law Review 72, 90, p 21. [53] Ibid. [54] Ibid. [55] Ibid. [56] Ibid at 22. [57] Ibid.

Substance Abuse Is A Brain Disease - 766 Words

Findings Substance Abuse is a brain disease While the choice to use alcohol and drugs is initially voluntary, alcohol and/or drug addiction arises because the normal functioning of the brain is impaired so that alcoholism and drug addiction become a â€Å"chronic relapsing disease of the brain† (National Institute of Drug Abuse, Drugs, Brains and Behavior. The Science of Addiction. 2014, 5). Drugs impact the pathways of the brain by flooding the circuit with dopamine, which disturbs and distorts normal communication between the brain’s neurons. Dopamine is a neurotransmitter present in regions of the brain which regulates movement, emotion, motivation and feelings of pleasure. Over stimulating the system with drugs produces euphoric effects which strongly reinforce the behavior of drug use teaching the user to repeat drug use. Continuing alcohol and drug use despite the adverse consequences of such use results in abusers experiencing some or all of the following symptoms: mental stress, impulsive behavior, an ger, disorganized thinking, poor coping skills, inadequate decision making and inflexible cognitive response patterns. Treatment Intervention and Prevention – Current Methods Current interventions and prevention methods tend to concentrate on solving the immediate or surface issue of the addicted individual which includes: (a) clinical detoxification treatment from the drug of choice to rid the body of the adverse physical effects of the drug(s), (b) identifying theShow MoreRelatedAddiction Is A Complex Disease978 Words   |  4 PagesAddiction is a complex disease that many people don’t fully understand. Substance abuse is very prevalent around the world, and far too over looked. In fact, forty million people ages 12 and older (or more than 1 in 7 people) have some form of addiction. 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