Case Study: Fractured Hand

Case Study: Fractured Hand Introduction The reflective framework chosen for this case study is that of Peters (1991). This framework has been used and favourable evaluated within education (Bell and Gillett, 1996). Peters’ (1991) reflective framework incorporates a guideline called DATA comprising four steps; Describe Analyse Theorize Action The first step is the description of an aspect of practice the clinician wants to change. Identification would be made of the context and the reason the clinician wants to change the practice and their feelings about this. Analysis involves identification of the factors that lead to and the assumptions that support the present approach. This includes analysis of beliefs, rules and motives supporting the present approach (Imel, 1992). Theorizing is the next step which looks at the theories for developing a new approach building on the theories that were identified that were supporting the present approach. The final step is the action putting the new theories (if appropriate) into practice to ensure that such cases continue to be managed appropriately in the future. â€Å"Success of this process would occur only through additional thought and reflection† (Murray, 2006). DATA Description Patient presentation At 11 am a 64 year old lady presented to the Accident and Emergency Department with a painful right wrist following a fall. We shall call her Betty but, in order to protect confidentiality, that was not her real name. She had been brought to the department by car by her husband. Patient assessment History Betty was seen by the triage nurse and subsequent upon waiting her turn was allocated a cubicle. I saw her at 11.20 hours. An understanding of the pathophysiology of fracture is important if important aspects of the patient’s history are not to be missed. Firstly taking an adequate history of the accident, including details of the mechanism of the fall, will help the clinician to decide whether the amount of force applied to the bone would be of the degree that would be expected to cause that particular fracture. Secondly there may be underling osteoporosis leading to fracture with minimal trauma. There may be factors in the history suggestive of osteoporosis e.g. use of systemic steroids (Angeli, 2006) or early menopause without subsequent hormone replacement therapy. A fracture which occurs after only minimal trauma and from a standing height or less, the degree of trauma being that which would not normally be expected to fracture healthy bone, may be what is known as a fragility fracture. This occurs where a bone is weakened by a pathological process , (Majid and Kingsnorth, 1998) such as osteo porosis. In distinction a pathological fracture occurs because of metastatic bone disease. Thirdly not just the mechanism of the fall but the reason for the fall needs to be considered. Betty had slipped on some ice when walking outside to her car. In the absence of such a clear history other factors in the history should be considered; for instance â€Å"funny turns,† visual problems, cerebrovascular accidents, or non accidental injury. It is important to directly enquire about that last aspect. Examination On inspection Betty’s right wrist was swollen. The skin was intact. There was some distortion of the normal contour of the arm typical of a â€Å"dinner folk† deformity. The distal part of the radius was angulated dorsally, the wrist supinated and the hand deviated towards the thumb. On palpation the distal radius was markedly tender. There was no crepitus. Betty was unable to use her right arm at all. The radial and ulnar pulses were readily palpable and there was good capillary refill in the hand. Sensation in the radial, ulnar and median nerve dermatomes was normal as were finger and thumb movements. The preliminary diagnosis of Colles fracture was made with some degree of confidence since the patient was a 64 year old female who had fallen on an outstretched and had classic examination findings of such a common injury. Investigations For a completely confident diagnosis a plain X ray was required. For an X ray of a suspected fractured limb the following are requirements (Majid and Kingsnorth, 1998); The X ray should be in two different planes at right angles. The X ray should involve the joint above and below the suspected fracture site. In this case the wrist and the elbow. Diagnosis X ray examination of Betty’s arm revealed a transverse extra articular fracture of the distal radius within one inch of the wrist joint. The distal radial fragment was displaced dorsally. A Colles fracture could now be diagnosed with confidence. Management Analgesia was given by intra muscular injections of morphine 10 mg and stemetil 12.5 mg. The arm had been temporarily immobilised with a splint and elevated to prevent further injury and swelling prior to the X ray examination. Arrangements were made for prompt reduction of the fracture. The displaced fracture was reduced and manipulated and then immobilised. Betty chose to have a general anaesthetic for this procedure. To disimpact the fracture Betty’s hand was pulled distally whilst her wrist was hyper extended. Once disimpaction had been achieved the wrist was manipulated so that it was flexed with some ulnar deviation and pronation. In this position it was immobilised by a plaster cast which extended from just distal to the elbow to the metacarpophalangeal joints. These joints (and therefore the plaster) were at the site of the transverse skin crease across the palm. When the plaster had been applied Betty could move her elbow joint and her fingers and thumb. A check X ray confirmed the bone ends to be in a satisfactory position. Post operative instruction Betty was advised to wear her right arm in a sling and to move her shoulder, elbow and her fingers and thumb to prevent stiffness in these joints. Complications of immobilisation in fracture are joint stiffness and tissueand especially muscle, atrophy. An important and serious complication is Sudek’s atrophy which probably occurs due to neurological and microvascular compromise. Better was instructed to contact the hospital if her fingers became painful, swollen, cold or discoloured. This could indicate that the plaster was too tight and impeding the circulation. Rarely carpal tunnel syndrome can occur due to pressure on the median nerve at the wrist. Betty was then discharged once she had recovered fully from the anaesthetic and was able to walk around. Betty asked if she could drive and this was allowed following evidence that driving is safe with a right Colles plaster (Blair, 2002). A further review was arranged for one week. Betty was advised th at the fracture would most likely heal in four to six weeks. Once the fracture had healed by six weeks the plaster was removed and physiotherapy was advised. DATA Analysis On analysis of the case presentation it is apparent that the well known clinical features of a fracture were present; Pain Tenderness Swelling Immobility Deformity as were the five classical features of a Colles fracture, often called the â€Å"dinner fork deformity† (GP Notebook, 2006); Dorsal displacement of distal fragment Distal fragment dorsally angulated Hand deviated towards the thumb Wrist joint supinated Proximal impaction The absence of crepitus might be explained by the fact of the fracture being impacted. A fracture of the distal radius is one of the commonest fractures in adults (Majid and Kingsnorth, 1998). The Colles fracture was first described by Collees in 1814 (GP Notebook 2006) and is a transverse fracture across the distal radius within one inch of the wrist joint with dorsal displacement and angulation of the distal part of the radius. Sometimes a Colles fracture is associated with a fracture of the ulnar styloid (GP Notebook, 2006) and this must be sought on X ray. A Galeazzi fracture (GP Notebook, 2006) is a distal radial fracture associated with a dislocation of the distal radio-ulnar joint and is important to diagnose (also by means of an X ray) since it requires open fixation to promote adequate healing. Another injury also caused by a fall on the outstretched hand and which it is important not to miss is a fractured scaphoid (Hodgkinson, 1994). This is clinically characterised by tenderness in the â€Å"anatomical snuff box† which is that area on the back of the hand found by hyperextension of the thumb. If present this fracture mandates appropriate immobilisation to reduce the risk of subsequent disabling avascular necrosis. Other injuries can occur following a fall on the outstretched hand, such as fractures to the clavicle, humerus and other parts of the radius hence the need for the wide area of vi ew on X ray examination. Although the presentation was a typical one there was not a mechanism in place to arrange suitable follow up for Betty to see if measures were necessary to protect her from subsequent osteporotic hip fracture. This problem is not an uncommon one in accident and emergency departments as found by a systematic review of 35 studies showing that those individuals with fragility fractures seldom received investigation or treatment of osteoporosis (Giangregorio, 2006). The writer feels that such action would be important since Colless fracture is common and hip fracture a devasting condition. The writer feels that quite simple steps could be put in place to arrange appropriate follow up. An analysis of why Colles fractures are commoner in women than in men needs to consider the full picture. For instance initially it might be assumed that because postmenopausal women are lacking in oestrogen and therefore predisposed to osteoporosis that is the only reason. However research has shown that women have more falls than men and they are more likely, when they fall, to fall forwards onto the outstretched hand (O’Neill, 1994). There is an assumption that the risk assessment for likelihood of subsequent hip fracture will be dealt by someone else. The accident and emergency department does need to concentrate on the acute problem. However hip fracture will necessitate subsequent accident and emergency department involvement. Preventative measures may be a neglected but important aspect of the accident and emergency role despite resources being an ever restraining factor. DATA Theorizing Fracture healing is affected by general and local factors (Majid and Kingsnorth, 1998). The general factors include the patient’s age, wellbeing, nutritional and endocrinological state. With regard to the local factors a compound fracture (i.e. a fracture which involves breach of the overlying skin) incorporates a risk of infection which will prejudice healing. Local factors affecting healing include the site of the fracture, proximity of bone ends and adequacy of blood supply. The pathophysiology of fracture healing consists of three stages (Majid and Kingsnorth, 1998); Inflammatory phase Repair phase Remodelling phase In the inflammatory phase haematoma contains osteoclasts which remove dead bone. Over two weeks granulation tissue forms which contains osteoblasts which form new bone. In the reparative phase the granulation tissue becomes fibrocartilagenous callus. The callus gradually turns into bone during the consolidation phase. Remodelling occurs as the bone adapts under the influence of the stresses placed upon it. Delayed union occurs when healing requires an excessive duration and non union when there is a failure to heal. Factors associated with poor union include a poor blood supply or displaced bone ends. Treatment is aimed at reducing this risk by optimising the position of the fragments and immobilising them. To develop a new approach to the prophylaxis of hip fracture will require multidisciplinary agreement with the formulation of guideline for information giving to both patient and general practitioner. Ideally an appointment would be generated for the bone mineral density scanning and reporting and advising. A mechanism of patient information will be required in parallel. DATA Actions proposed Treatment plan The aims of the proposed action were to achieve; Healing of the bone, and Preservation of function of the arm and wrist joint. There was more than minimal displacement of the fractured bone therefore manipulation was required. During manipulation it was important to pull the hand in order to disimpact the fracture. Manipulation then involved a reversal of the position that was present making up the dinner fork deformity. Management If the fracture is displaced this may, if left untreated, lead to breach of the overlying skin and convert a closed fracture to an open one with the subsequent increased infection risk. An unreduced displaced fracture may compromise the blood supply distally. Correctly to lessen these risks Betty’s fracture was reduced promptly. The treatment consisted of (GP Note book, 2006); Disimpaction Manipulation Immobilisation Rehabilitation in order to preserve function The aim of immobilisation was to allow the fracture to heal without movement of the bone ends but to facilitate as much movement of the unaffected joints as possible. An understanding of the pathophysiology of fracture helps to determine what the risk is for subsequent fracture. If this risk is high it will be advantageous to give some prophylactic treatment to lessen this risk. The fractures with greater morbidity are hip fractures and vertebral fractures and a radial fracture may be an â€Å"early warning† sign of an unacceptable risk of fracture with a more serious consequence. Bone mineral density measurements may be indicated in the near future. If this is outside the normal range and taken in conjunction with the present fracture there may be a need to consider prophylactic measures against osteoporosis and further fracture. A Colles fracture is associated with subsequent hip fracture but the association is greater in men than in women according to a metanalysis (Haentjens, 2003). Nonetheless it may be prudent to advise Betty to check with her general practitioner whether she now falls into the category of the local guideline for measuring bone mineral density. Woman with a Colles fracture within ten years of the menopause had an eight fold increase incidence of hip fracture compared with the rest of the population but the increased risk diminished by age 70 in a study by Wigderowitz (2000). In this study bone mineral density was lower in women who had a Colles fracture that in the general population but after age 66 there was no significant difference. The paper concluded women of 65 and under presenting with a Colles fracture should undergo bone mineral density testing. Bone mineral density checking though not an exact predictor of subsequent fracture is a worthwhile measurement in diagnosing osteoporo sis (Small, 2005). Treatments are available and might be considered if osteoporosis is confirmed (McCarus, 2006). Guidelines are also available (SIGN, 2003). Oestrogen does protect bone from osteoporosis but is no longer recommended as first line prophylaxis in view of recent studies showing concern about the association with cardiovascular adverse events (Sicat, 2004). Other options include raloxifene, a selective oestrogen receptor modulator which reduces spinal but not hip fractures and biphsophonates e.g. alendronate which does reduce hip fracture incidence (British National Formulary, 2006). Action on prophylaxis would likely most easily and consistently be arranged via computerisation of letter of appointment and information to the patient following discharge. This would necessitate no increased time or resources within the department but would cover all at risk patients. References Angeli A Guglielmi G Dovio A et al 2006 High prevalence of asymptomatic vertebral fractures in post-menopausal women receiving chronic glucocorticoid therapy: A cross-sectional outpatient study. Bone. 39(2) 253-9 Bell M and Gillett M 1996 Developing reflective practice in the education of university teachers. Different Approaches: Theory and Practice in Higher Education. Proceedings HERDSA Conference 1996. Perth, Western Australia, 8-12 July. http://www.herdsa.org.au/confs/1996/bell.html Accessed 23 June 2006 Blair S Chaudhri O Gregori A 2002 Doctor, can I drive with this plaster? An evidence based response. Injury. 33(1) 55-6. British National Formulary. 2006 British Medical Association London. Giangregorio L Papaioannou A Cranney A et al 2006 Fragility fractures and the osteoporosis care gap: an international phenomenon. Semin Arthritis Rheum. 35(5) 293-305 GP Notebook http://www.gpnotebook.co.uk/cache/1584070660.htm accessed 23 June 2006. Accessed 23 June 2006 Haentjens P Autier P Collins J et al 2003 Colles fracture, spine fracture, and subsequent risk of hip fracture in men and women. A meta-analysis. J Bone Joint Surg Am 85-A(10):1936-43 Hodgkinson DW Kurdy N Nicholson DA et al 1994 ABC of Emergency Radiology: the wrist BMJ 308:464-468 Imel S 1992 Reflective Practice in Adult Education. ERIC Digest No. 122 ED346319 http://www.ericdigests.org/1992-3/adult.htm accessed on 23 June 2006 Majid and Kingsnorth 1998 Fundamentals of surgical practice. Greenwich Medical Media. London McCarus DC 2006 Fracture prevention in postmenopausal osteoporosis: a review of treatment options. Obstet Gynecol Surv. 61(1) 39-50 Murray B Lafrenz LU 2006 The Role of Reflective Practice in Integrating Creativity in a Fashion Design Curriculum http://mountainrise.wcu.edu/archive/vol3no1/html/murraylafrenz.htm accessed 23 June 2006 Netdoctor http://www.netdoctor.co.uk/diseases/facts/osteoporosistreatment.htm Accessed 23 June 2006 ONeill TW Varlow J Silman AJ et al 1994 Age and sex influences on fall characteristics. Ann Rheum Dis 53(11):773-5 Peters JM Jarvis P et al 1991 Adult education: Evolution and achievements in a developing field of study. San Francisco: Jossey-Bass. Quoted by Bell and Gillett 1996 Peters JM 1991 Strategies for Reflective Practice. In R. G. Brockett (Ed), Professional Development for Educators of Adults. San Fransisco: Jossey Bass. Quoted by Bell and Gillett 1996 Sicat BL 2004 Should postmenopausal hormone therapy be used to prevent osteoporosis? Consult Pharm. 19(8) 725-35 SIGN 2003 Scottish Intercollegiate Guideline Network 71 management of osteoporsis. Small RE 2005 Uses and limitations of bone mineral density measurements in the management of osteoporosis. MedGenMed. 2005 May 9;7(2) 3 Wigderowitz CA Rowley DI Mole PA et al 2000 Bone mineral density of the radius in patients with Colles fracture. Journal of Bone and Joint Surgery (British) 82B 87-9 1

Complaint handling Essay

Fair Trading Factsheet Complaints handling November 2007 Need more information? Call Consumer Affairs Victoria on 1300 55 81 81. Quick tip Successful businesses work hard to keep their customers  satisfied. Although prevention is better than cure, it is almost inevitable that at some stage you will receive a customer  complaint. Don’t presume a customer complaint is a negative  experience because, if handled well, it can be a valuable learning tool. An effective complaints  handling system needs  someone in the company to  drive it and take ultimate  responsibility. Benefits for your business How to do it An effective complaints handling system is essential to your business. Your business can benefit in several ways: Handle complaints effectively by: †¢ improved product quality and service delivery †¢ fewer mistakes and less time spent  fixing them †¢ better understanding of customers’  needs †¢ greater customer loyalty †¢ more customers through word of mouth advertising from satisfied clients †¢ having a policy of welcoming customer complaints †¢ setting up a system to handle complaints effectively †¢ training your staff to handle complaints well †¢ dealing with the complaints you receive immediately †¢ ensuring the process for making  complaints is easy for your customers †¢ regularly reviewing your  complaints record. †¢ less time and money spent  attracting customers †¢ improved business reputation †¢ a healthier bottom line. Remember you could be pushing  profits out of the door if you do not  have an effective complaints handling  system. Page 1 of 4  © Copyright State of Victoria 2008 www.consumer.vic.gov.au 1300 55 81 81 Fair Trading Factsheet Quick tip Implement a company policy  that contact is to be made  with the customer within  48 hours of the initial complaint. Set up a system to handle  complaints effectively Train your staff to handle  complaints constructively An effective complaints handling  system needs someone in the  company to drive it and take ultimate  responsibility. This is a person who  has the best interest of both the  customer and the company at heart,  and the interpersonal and managerial  skills to ensure the system is  performing well. Make sure all staff understand the complaints handling policy, why it was introduced, how it will work and the benefits for your business. The complaints officer needs to ensure that: †¢ there is adequate information available to the public about how to address any problems with your business, especially at the point of sale †¢ front line staff are aware of: †¢ the complaints handling policy Encourage and reward your staff for dealing with disgruntled customers and handling their complaints well. Deal with the complaints  you receive immediately  Implement a company policy that  contact is to be made with the  customer within 48 hours of the initial  complaint. This will ensure that the  customer knows the complaint is  being processed. Although the issue  may not be resolved, the customer  will be aware that it is being  addressed. †¢ their authority to settle  complaints †¢ when and to whom they  need to refer complaints †¢ there is a process to handle the  more difficult and complex cases †¢ complaints are reviewed regularly  to identify any ongoing issues †¢ reports are made to senior  management about complaints. Page 2 of 4  © Copyright State of Victoria 2008 www.consumer.vic.gov.au 1300 55 81 81 Fair Trading Factsheet Date of Issue: November 2007 Ensure the process for  making complaints is easy  for your customers Some suggestions are: †¢ Have a desk within your store  where people can take their  enquiries or complaints. †¢ Arrange a dedicated phone line  for complaints or problems. †¢ Consider using a simple sign at  your point of sale, or a paragraph  on company invoices, such as  Ã¢â‚¬ËœYour custom is important to us. If you are not satisfied, please let us know’. †¢ Include a customer feedback  option on your website. Review your complaints regularly Regular reviews of complaints will give you a good indication of how and where your business could improve. †¢ Use a standard form to record the details of complaints (see following page for example). †¢ Review complaints monthly or quarterly to establish whether there are any trends, or obvious things you could change or improve. †¢ Use complaint records to check how well and how quickly your staff handle complaints. More information Information on fair trading is  available from: Consumer Affairs Victoria Victorian Consumer & Business Centre 113 Exhibition Street Melbourne 3000 Telephone 1300 55 81 81 Website www.consumer.vic.gov.au Regional Offices Consumer Affairs Victoria also has regional offices located in Ballarat, Bendigo, Geelong, Morwell, Mildura, Wangaratta and Warrnambool together with a mobile outreach service that regularly visits rural communities. To find details on the office or mobile service nearest you, ring 1300 55 81 81 or go to the Consumer Affairs Victoria website on www.consumer.vic.gov.au and click on the Contact Us link. Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advice or reference to the actual legislation. Authorised by the Victorian Government 121 Exhibition Street Melbourne Victoria 3000. F1-01-02 Page 4 of 4  © Copyright State of Victoria 2008 www.consumer.vic.gov.au 1300 55 81 81 Customer Complaint Form 1. Customer details Title (Mr, Mrs, etc) Family name (surname) Given names Street address Suburb Home telephone number Business telephone number Postcode Mobile telephone number Email address (if applicable) 2. Details of other person or supplier involved in this complaint Name Street address Suburb Home telephone number Business telephone number Postcode Mobile telephone number Email address (if applicable) 3. Details of goods or services supplied to the customer Date of purchase or service / / Description of the goods or service including make, model, type of service, purchase method, etc. 4. Details of what the customer complaint is Office use only Complaint received by Date received / Action taken or required Date action completed / / Signature In person / In writing

Relevance of Sociology for the study of Law Essay

If societies are based upon agreed upon laws, then they are very much interrelated subjects. They are symbiotic, interwoven, interconnected. When someone commits a crime against another person or their property, they will have to face the consequences in a court of law. Or reduce it to a smaller group such as a tribe. Even amongst members of a tribe, there are laws that may only be verbal, or perhaps not even as formal as that. They are followed because children see them in the form of examples as they grow up. Within each tribe, culture or society, some form of punishment is enforced when a cultural norm is broken. Law can be analyzed sociologically as a method of doing something. Law can be studied as a social process, instrumented by individuals during social interaction. Sociologically, law consists of the behaviors, situations, and conditions for making, interpreting and applying legal rules that are backed by the state’s legitimate coercive apparatus for enforcement. The sociology of law (or legal sociology) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. While some socio-legal scholars see the sociology of law as â€Å"necessarily† belonging to the discipline of sociology, others see it as a field of research caught up in the disciplinary tensions and competitions between the two established disciplines of law and sociology. Yet, others regard it neither as a sub-discipline of sociology nor as a branch of legal studies and, instead, present it as a field of research on its own right within a broader social science tradition. For example, Roger Cotterrell describes the sociology of law without reference to mainstream sociology as â€Å"the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience†. The sociology of law became clearly established as an academic field of learning and empirical research after the Second World War. After World War II, the study of law was not central in sociology, although some well-known sociologists did write about the role of law in society. In the work of the Talcott Parsons, for instance, law is conceived as an essential mechanism of social control. In response to the criticisms that were developed against functionalism, other sociological perspectives of law emerged. 1. Critical sociologists developed a perspective of law as an instrument of power. 2. However, other theorists in the sociology of law, such as  Philip Selznick, argued that modern law became increasingly responsive to a society’s needs and had to be approached morally as well. 3. Still other scholars, most notably the American sociologist Donald Black, developed a resolutely scientific theory of law on the basis of a paradigm of pure sociology. 4. Equally broad in orientation, but again different, is the autopoietic systems theory of the German sociologist Niklas Luhmann, who sees law as normatively closed, but cognitively open system. The essential insight underlying all sociological approaches to law is that law is a social phenomenon that should, therefore, be studied sociologically. Beyond this core unifying orientation, sociology and law, otherwise known as the sociology of law, or law and sociology, consists of a variety of different approaches, assumptions, and attitudes. This internal proliferation of approaches is the product of diversity at two different levels. 1. First: sociology and law are contrasting bodies of knowledge. Sociology is a social science focused on the study of society, and like all such disciplines its overarching goal is the gathering of knowledge. Law, in contrast, is a practical activity that focuses on completing certain fundamental tasks, including promulgating and enforcing rules, responding to disputes, and maintaining order. 2. Second: each of these contributing bodies of knowledge is in its own way internally driven, with sociology divided among various competing schools of thought and law divided among practitioners and theorists (adhering to competing schools of thought). When sociology and law are brought together, the differences between them, and the internal divisions that characterize each, are manifested in the combination of the two. In the United States, the primary academic influences in bringing sociology to law were philosophical pragmatism, sociological jurisprudence, and legal realism; the key figures were Oliver Wendell Holmes Jr., Roscoe Pound, and Karl Llewellyn. These schools of thought and figures were leaders in the critique of formalistic approaches to the law that dominated at the end of the nineteenth century and early twentieth century. Under formalist views, law was a gapless, logically coherent self-contained system that could be discovered and applied exclusively through cons ideration of legal concepts, principles, and rules, without regard to social context or consequences. The figures identified above argued, to the contrary, that law was the product of social forces, that it was neither gapless nor  systematic, that one could not move mechanistically from principle to application (choices had to be made), and that judges were influenced by the social background in their interpretation and application of law. Most important: they argued that law, far from being autonomous and self-standing, was above all else an instrument to serve social needs. An important social-political influence on their thought was the social programs of the New Deal, which resorted to law as the key mechanism for implementing social policy. It follows this cluster of views that the efficacy of law, and its social consequences, must be carefully evaluated. Hence the call for the application of sociology to law. The early agenda for sociology ranged from studying the gap between â€Å"law in the books† and â€Å"law in action,† to discovering the social influences on the making, the application, and the interpretation of law, to learning whether law is effective in achieving social policy, and how it can be made more effective when it is not. Many sociological studies of law, from the study of crime to influences on judicial decision-making, were conducted to meet this call. Under the influence of sociologist E. A. Ross, law came to be understood as a mechanism of social control, and the thrust of many studies was to make law more efficient and effective in accomplishing this task. A backlash against this jurisprudence-dominated agenda gradually developed from the sociological standpoint, which decried the instrumental use of sociology as a â€Å"handmaiden to law.† As the science of society, the application of sociology to law, it has been argued, should take place in the context of general theories about society, with proper attention paid to epistemological and methodological concerns. The classical sociological theories about law—famously including 1. Émile Durkheim’s view of law as the essential element integrating modern society, 2. Max Weber’s ideal-type analysis of the kinds of law found relative to kinds of societies, and 3. Karl Marx’s characterization of law as determined by economic forces, serving the dominant class all possessed these qualities. 4. A modern sociological theory of this type of law is Donald Black’s view, which assumes a positivistic stance of measuring law in quantitative terms, and articulates a series of â€Å"laws† of legal behavior based upon patterns he observes relating to factors like degree of social stratification. A different current source of criticism of the  jurisprudence-influenced approach to sociology and law comes from critical schools of sociolegal theory, including â€Å"critical empiricists† and â€Å"post-empiricists,† which reject positivism and many of the epistemological underpinnings of classical sociology (including the fact/value distinction). Adherents criticize sociology and law as currently practiced as a conservative tool that serves to preserve the status quo by enhancing the efficiency of law and by failing to scrutinize and reveal the institutional structures and ideological beliefs about law circulating in society which perpetuate (class-based, gender-based, and/or race-based) oppression and domination. Sociological approaches to law, according to this view, must reject the agenda set by jurisprudence, and instead seek to expose all forms of domination perpetuated through law. Sociology and law thus encompasses divergent perspectives on law. Despite significant internal schisms, a growing community of scholars and body of discourse has developed around the combination of sociology and law, united by the shared commitment to view law as a social phenomenon that must be examined in sociological terms. Functions of law * Social control * Dispute resolution * Social change Social control: There are two basic processes of social control: 1. the internalization of group norms and 2. control through external pressures. In Chtonic societies, social control is ensured by the fact that socializing experiences are very much the same for all members. Even in larger societies, social control rests largely on the internalization of shared norms. Formal social control is characterized by: (i) explicit rules of conduct, (ii) planned use of sanctions to support the rules, and (iii) designated officials to interpret and enforce the rules, and often to make them. Law does not have a monopoly on formal mechanisms of social control. Control through law is usually exercised by the use of negative sanctions and not by positive rewards. A person that obeys the law does not receive an award. Mechanisms of social control through law: (i) Criminal sanctions, (ii) civil commitment, and (iii) administrative licenses. Criminal sanctions: the purpose of sanctions: Retribution (denounce unlawful conduct) Deterrence (both specific and general), Rehabilitation of the offender. Civil commitment: medicalization of social problems, such as drug abuse, alcoholism, etc. Administrative law: administrative regulations is used as a means of social control. Dispute resolution: Types: By the parties themselves: physical violence, family feud, lumping it, avoidance, etc. By adjudication: ADR: negotiation (without the help of any third party), mediation (third party helps disputants), and arbitration (third party makes a final and binding decision, which is enforceable). Hybrid resolution processes: rent a judge (like arbitration, but with a retired judge), med-arb (issues not solved by mediation are sent to arbitration where the mediator becomes arbiter), and mini trial (if there is no settlement before the â€Å"sentence† the adviser gives her opinion about the likely outcome if the dispute were litigated). Adjudication: a formal method of conflict resolution, where a third party –the courts- intervenes –even if not wanted by the parties- and renders a decision which is enforceable. Social change Law is both a dependent and an independent variable, i.e., an effect and a cause of social change. The question is not whether law changes society or whether social change alters law, but rather, what level or under what circumstances change is produced. Examples of social changes as causes of legal changes: Soviet Union, China, and other radical revolutions. Examples of legal changes as causes of social changes: adultery, sexual assault, etc. Problems of interaction between sociologists and lawyers Sociologists study everything about the law, except for rules –institutional structures, processes, behavior, personnel, and culture. Lawyers and sociologists don’t speak the same language. There is a special rethoric of law. It has its own vocabulary, an arcane writing style, and a form of irritating citation. There are also differences in professional culture. Lawyers are advocates. They are concerned with the identification and resolution of the problems of their clients. Sociologists consider all evidence on a proposition and approach the problem with an open mind. Lawyers are guided by precedents and past decisions control current cases. In contrast, sociologists emphasize empirical research. Lawyers and law professors tend to believe that they have a monopoly over law. This is as if physicians thought that they had a monopoly over the bodies. The pronouncements of law are predominantly prescriptive: they tell people how they should behave and what will happen to them if they don’t. In sociology, the emphasis is on description, on understanding the reasons why certain groups of people act in a certain way in specific situations. The law reacts to problems most of the time. The issues and conflicts are brought to lawyers by their clients outside the legal system. In sociology, issues and concerns are generated within the discipline on the basis of what is considered intellectually challenging, timely, or of interest to funding agencies. These differences are due in part to the different methods they use.

Summary about Vietnam War - Free Essay Example

Sample details Pages: 2 Words: 649 Downloads: 6 Date added: 2019/03/26 Category History Essay Level High school Tags: Vietnam War Essay War Essay Did you like this example? The civil war between North and South Vietnam was known as the Vietnam War which started on November 1st, 1955 and lasted until April 30th, 1975. North Vietnam was supported by the Soviet Union, China, and North Korea and South Vietnam was Supported by the United States, Thailand, Australia, New Zeeland, and the Philippines which was really just communism against capitalism as well. In the Vietnam War there were many different battles varying from little skirmishes to huge and heavy actioned battles and in this paper we will be exploring the bigger battles and the battle with the most importance to the war in terms of how it affected the outcome of the war. Don’t waste time! Our writers will create an original "Summary about Vietnam War" essay for you Create order Battle of Ap Bac The Battle of Ap Bac happened on January 2nd, 1963 in Mekong Delta in paddies north of hamlet Ap Bac. Before this day arrived the Viet Cong spent a little over two day preparing the battleground for the Battle of Ap Bac. Something very crucial they did to prepare for this fight was cut down bamboo and some branches, so they can lay a false roof over themselves. At about 10:30 a.m. the Viet Cong spotted movement 400 meters to their south which were about 100 ARVN puppet soldiers that walked out of the tree line. The ARVN expected to just walk towards the Viet Cong and just scare them into running away with their tails between their legs, like the previous battles in late 1962. Except that in this battle is the US spotter plane could not tell what the strength of the Viet Cong really was, which left the ARVN and the US advisors that were on the ground without any intel on the enemy, so they were going in blind. The Viet Cong knew what the word patience meant, and they let the ARVN soldiers get within 50 meters of them and then opened fire using small arms and autoptic weapons to attack the ARVN. Just when everything seemed to be going right for the Viet Cong the South Vietnamize had eight troop carrier helicopters coming to their aid filled with over 100 men in each plus four tadpole gunships. Again the Viet Cong patience would pay off as they waited for the first carrier to make its descent and as soon as the cabin doors opened on the carrier they fired gunning down some of the troops coming out of the choppers well the ones that got out looked for cover. The gunships that the South Vietnamize had made strafe runs firing into the tree line were the Viet Cong were with their M134 Gatling guns, but they had little to no effect. Then the ARVN artillery started to fire which wasnt aimed properly and it landed were the rest of the troop carrier helicopters were making their landing which was next to the first ship that got gunned down and they made the same mistake because they landed within the range of the Viet Congs range putting five of the carries out of action. During this battle the Viet Cong displayed fire control and conserved ammo for the rest of the day. They survived the enemy artillery, dive bombers and gunships; and even a late in the day cavalry charge by a dozen M-113 APCs with .50 caliber machines guns and one flame thrower (Rooney). The Viet Cong also went and inflicted four times more casualties to the Southern forces killing 80 ARVN and they fought all day against an army four times their size withstanding all the artil lery, machine gun and helicopter fire from the Sothern force and still they were able to win. The Battle of Ap Bac was a big for the Viet Cong because it showed that the southern Vietnamize army had no fighting ability and that they couldnt cope with the strategy or the fighting spirit of the Viet Cong even with their larger force and support from the United Sates.