A Critical Analysis Of Patriarchy Sociology Essay

A Critical Analysis Of Patriarchy Sociology Essay In the article Patriarchy, the System, Allan Johnson defines patriarchy, and in doing so addresses the common misconceptions and stereotypes that people inaccurately identify with the term. He argues that people tend to generalize and attach the term patriarchy with men, and therefore come to the conclusion that all men are oppressive people.  [1]  Johnson recognizes a pattern in which women feel free to blame men for oppressing them and therefore men take it personally and become defensive. He argues that women will blame men for patriarchy simply because theyre men.  [2]  Johnson also considers the possibility that perhaps people are simply confused, that they cannot distinguish the difference between patriarchy as a system and the individual. He argues that people have to recognize this, and examine larger contexts, in order to solve social problems. Johnson suggests that race, gender and class oppression are not actually oppression, but rather the sum of individual failin gs.  [3]  Johnson argues that in order to solve social problems, these misconceptions must be cleared up. If were ever going to work toward real change, its a confusion well have to clear up.  [4]  Johnson effectively identifies common misconceptions about patriarchy, and convincingly argues that this ignorance and individualist perspective is contributing to problems within society. Allan Johnson goes on to argue that patriarchy is organized around relationships and shared understandings, and he argues that this can limit you to some degree.  [5]  Johnson provides an interesting perspective on how we participate in our social lives. He makes a very good point when he suggests that patriarchy can exist without men being portrayed as the villains. People tend to follow along with what society deems is the norm. This is significant; as it explains why individuals make the decisions that they do, in a larger social context. Johnson further analyzes what patriarchy really means, and explains that it is simply part of our culture, and the symbols and ideas within it. He argues that the make up of patriarchal culture is important to understand because it affects the structure of social life.  [6]  He discusses the possibility that culture enforces gender roles and power positions, therefore shaping and influencing our values. Allan Johnson goes on to say that everyone contributes to patriarchy, the system, whether theyre aware of it or not. We are all involved in patriarchy, but it does not necessarily mean that women are the victims, and men are the oppressors. He explains that who we think we are is closely related to who others think we should be and where we fit in social systems. He sums up his ideas by stating that all men and women are involved in patriarchy because we occupy social positions.  [7]  This further proves his point, that patriarchy cannot be constrained to individuals themselves, as patriarchy is beyond the individual experience. This article studies the concept of patriarchy as a framework. It provides a sociological perspective on social inequalities and attempts to explain why they exist. Johnson convincingly argues that people dont truly understand the origins of patriarchy. He has taken the term patriarchy and uses a sociological approach to uncover what it really is, a social construction or framework. He defines patriarchy in broader social terms and effectively proves that there may be oppressive individuals in society but patriarchy is not the result of all men being oppressive people, it is the result of individuals collectively possessing power. The sociological approach that Johnson uses helps to examine and analyze society as a whole, a structure in which everyone participates in and contributes to. This approach can help to explain why individuals act out certain behaviors in their own social lives. Perhaps people behave in such patriarchal ways because the system has influenced us in such ways. Maybe gender oppression has nothing to do with men being patriarchal, but more to do with how our society has been constructed and how our culture and our ideas about men and women have been shaped within it. Johnson helps us to use our sociological imagination to better understand the problems society currently faces. To conclude, Allan Johnsons article Patriarchy, the System can help us to analyze society in broader social terms in order to understand systems like patriarchy and our participation within these larger systems. Johnsons article helps us to use a sociological perspective to better understand the individual and why things like gender oppression occur. This article is useful, as Johnsons argument could be applied to other social contexts as well. This article allows us to further our knowledge of social constructions and how we participate in them, and therefore how we can change them to improve equality and eliminate the ideas present in our culture that limit us.

History of Special Needs Provision in Ireland Essay

The history of education for children with special needs in Ireland has been one of neglect and exclusion until there was a change in attitudes and policies. The government had no need for policies regarding education and care of children with additional needs because they were carried out by religious orders. Many children were sent away to hospitals, homes and even asylums. They were hidden away from society. There were three stages in relation to the education and care of children with additional needs. Era of Neglect and Denial The era of neglect and denial was when the government thought children with special needs didn’t need to be educated and were seen as a medical problem. The Medical Model of Disability thought that children with special needs were abnormal. The problem was seen to be with the person with special needs and this model focuses on the causes of the disability and would look for cures rather than accept the person. â€Å"The medical model of disability views disability as a ‘problem’ that belongs to the disabled individual. It is not seen as an issue to concern anyone other than the individual† (www.2.le.ac.uk, Assessed 07 March 2014). Era of Special Schools The era of special schools was when a number of religious orders set up schools for children with special needs. The care and education was entirely up to the religious orders and the children would often board here rather than stay at home with their families. These schools were later recognised by the state. The government now believed children with special needs needed to be educated but not with â€Å"normal† children. They believed that the children would interfere with the education of the other children and therefore could not be educated in the same schools. Era of Integration and Inclusion The era of integration and inclusion began when the government introduced policies on education for children with special needs. They introduced these because of the decline in religion and religious orders. The state took over the care and education of children with additional needs. There was a demand for these children to be educated in schools alongside children who did not have special educational needs. This did happen but the children with special needs were taught in separate classrooms away from the other children. They were been educated but still not included. There are over 140 special schools in Ireland to date. These schools are designed for children who cannot be educated in mainstream schools. Some children may go to these schools for a period of time and then move into mainstream schools. Children with special needs are entitled to a free education until they reach eighteen years of age. They are entitled to help and support from resource teachers or special need assistants if the need it and to be educated in the same environment as every other child and to be treated equally. Legislation and Policies The Education Act 1998 The Education Act 1998 was the first piece of legislation that outlined the rights regarding education. This act is a general one but it provided the first legal definition of disability, the first legal definition of special educational needs and it defined what support services are. It outlines the roles and responsibilities of teachers, Board of Management, the Inspector and the Minister for Education. The Education Act 1998 says that all children including children with special needs are entitled to free education. Parents have the right to send their children to a school of their choice. All schools must respect beliefs, languages and traditions of all children. Schools have to have a plan in place to deal with any obstacles that may affect the education or welfare of a child with additional needs. All children have the right to be treated equally and should be included in all aspects of education despite their ability or disability. â€Å"This was the first piece of legislatio n passed since the foundation of the state that directly outlined the government’s rights and legal obligations regarding education† (Assisting Children with Special Needs, Assessed 08 March 2014: 10). The Education for Persons with Special Educational Needs Act 2004 This Act was passed to ensure that all people with special educational needs can be educated in an inclusive environment where this is possible. They have the same rights to education as a person who does not have special educational  needs. They have the right to the equipment they need in order to participate and continue with their education. The Board of Management needs to provide information to the parents and others relating to the education of the child. They need to ensure the progress of the child is monitored and reviewed regularly. To review the resources that are needed to help and provide education to children with special needs. They need to ensure that the needs of the child are being met and that a plan is put in place specifically for each child. â€Å"This Act was passed in June, 2004. The Act makes provision for the education of people with special educational needs, to provide that education whe rever possible, in an inclusive environment with those who do not have such needs† (www.asti.ie, Accessed 10 March 2014) Special Needs Conditions Attention Deficit Hyperactivity Disorder (ADHD) ADHD is a common behavioural disorder that affects school age children and is more common in boys. Signs and Symptoms There are three major symptoms of ADHD inattentiveness, hyperactivity and impulsivity. Some signs of ADHD are been easily distracted, switching from one activity to another frequently and talking excessively. Causes The causes of ADHD are not known. There are a number of factors that may be linked to ADHD such as genetics, diet and family environments. Diagnosis The diagnosis should only be made if the problem has been assessed for more than six months and has happened in two or more places. This is because there are other conditions which are very similar to ADHD that have to be ruled out. â€Å"Attention deficit hyperactivity (ADHD) is a disorder that appears in early childhood. You may know it by the name attention deficit disorder, or ADD. ADD/ADHD makes it difficult for people to inhibit their spontaneous response – response that can involve everything to speech to attentiveness† (www.helpguide.org, Accessed 09 March 2014). Cerebral Palsy Cerebral Palsy occurs when the part of the brain that controls muscle tone and movement is damaged. The condition can result in someone just been  clumsy or it can be more severe where the person cannot walk or move any part of their body. Signs and Symptoms Cerebral palsy may have the following signs and symptoms, lack of movement, difficulty walking, delays in speech development and trouble with swallowing. Causes There are no exact causes for cerebral palsy but it may be caused by brain damage before or during a child’s birth. Diagnosis A diagnosis for cerebral palsy will only be made after a child has been assessed and tests carried out. The tests will focus on the child’s movements and their muscle tone. Diagnosis for cerebral palsy can take a long time. â€Å"Cerebral palsy is a term used to refer to a group of complicated conditions that affect movement and posture because of damage to or failure in the development of the part of the brain that controls movement† (www.sess.ie, Accessed 10 March 2014). Autism Autism is a developmental disorder that affects the brain from functioning properly. Autism affects the way a person communicates and how they relate to other people. Signs and Symptoms Some signs and symptoms of autism are if a child does not respond to their name by the age of twelve months, have no words by sixteen months and does not point at objects to show interest by fourteen months. The child will avoid eye contact and will like to play alone frequently. Causes The exact cause of autism is unknown. Abnormalities in the brain, genetics and environmental toxins may be causes but this have not been proven. Diagnosis A screening test to diagnoise autism must be based on the observation of communication, behaviour and development and compare them to children in the same age group. â€Å"Autism is a neurological condition in which a child is unable to relate to people and situations. It first emerges in early childhood, when the child is first developing social and interpersonal skills. It is a rare condition affecting approximately five people out of  every 10,000† (www.irishhealth.com, Accessed 11 March 2014). Dyslexia Dyslexia is a learning disorder which makes reading, writing and spelling more difficult. It is the most common learning difficulty among children. Signs and Symptoms The most common sign of dyslexia is getting letters and words jumbled up. Lack of self-esteem, bad behaviour and lack of interest in school related activities are symptoms of having dyslexia. Causes There is no real evidence to suggest what causes dyslexia but it may be caused by an impairment in the brain or it may be inherited. Diagnosis Tests will be done on a child that is suspected of having dyslexia and will focus on how the child processes information, their language abilities and word recognition. â€Å"There was a time in Ireland when dyslexia was the disorder that dare not speak his name. The Dyslexia Association of Ireland. (DAI), established 40 years ago this year, had to change its name in the 1980s to the Association of Children and Adults with Learning Difficulties, so it would be taken seriously† (www.irishtimes.com, Accessed 11 March 2014). Fetal Alcohol Spectrum Disorder (FASD) FASD is mental and physical condition that results from alcohol exposure during pregnancy. Signs and Symptoms Some of the signs and symptoms of FASD may include having a small head, deformities of limbs, heart defects and vision or hearing difficulties. Causes The causes of FASD is when a mother drinks alcohol excessively during her pregnancy. Alcohol interferes with the oxygen getting to the developing brain. Diagnosis FASD can only be diagnosed after a child is born. Doctors will access motor skills, facial features and heart problems. Support Services HADD Ireland is a support group for people affected by attention deficit hyperactivity disorder (ADHD). They offer a wide variety of services  including courses for young people, courses for parents and support groups. In these courses they build skills, promote self-awareness and encourage problem solving. In the support groups they offer talks and workshops for parents that provide information and advice on ADHD. Cerebral Palsy Alliance is a support group that provides support and assistance for parents and carers of people who suffer from cerebral palsy. Each service is in place to help improve the quality of life and participation in everyday life. The services they provide include therapy and health services, counselling and respite care. They offer early intervention services and mentoring programmes for teenagers Irish Autism Action is an organisation that was formed to help sufferers of autism and their families. They offer a range of services including early detection prog rammes, education support, counselling, and home based support. They also have a helpline that offers confidential information and support for people with autism. They provide information and advice to families upon a diagnosis been made. Dyslexia Association of Ireland (DAI) is a membership based organisation that educates people about dyslexia. They offer appropriate and effective support services for children and adults dealing with dyslexia. The services they provide are information services through phone, website or text, assessment services, specialist tuition for children through workshops or one on one tuition, training and education for parents, teachers and others. Fetal Alcohol Spectrum Disorders Ireland is a support group that was set up by a group of carers who have had contact with children who suffer from fetal alcohol spectrum disorder (FASD). They provide information to families, carers and individuals on any disability associated with FASD. Alcohol Awareness Week 2014 is one way in which they provide information and promote awar eness about FASD. References University of Leicester: â€Å"The social and medical model of disability† (Online), available: http://www2.le.ac.uk/offices/ssds/accessability/staff/accessabilitytutors/information-for-accessability-tutors/the-social-and-medical-model-of-disability

Arthur Miller’s, A View From The Bridge Essay

Arthur Miller’s ‘A View From The Bridge’ is a great play set in the run down area of Brooklyn, New York, a community in Red Hook, during the 1950s. It explores the themes of justice, unnatural love, codes of society and respect. The play focuses on the jealousy the protagonist, Eddie Carbone, exerts towards his wife’s illegally immigrated Italian cousins, Marco and Rodolpho, due to his passionate feelings for his own niece, Catherine, consequently ending with his life. The key events of the play are all very reasonable and typical in reflection to the time it was written. The disastrous aftermath of World War Two and the Great Depression left people with one dream; the American dream. To escape their less economically developed country and lead a better life many travelled to America. Italians suffered most excruciatingly hence it is they who went through mass migration, but lead it a better life they did not. Confrontation with suspicious Americans and intense hardship only crippled their self-esteem and lead them to be more independent. In ‘A View From The Bridge’ we witness how this period of time effected and shaped the behaviour of characters in the play. Arthur Miller uses Alfieri to make the play much easier to understand and enjoyable for us, the audience. In this essay I am going to analyse how exactly this has been done. Arthur Miller cleverly uses Alfieri in a number of ways. Alfieri is the narrator; Alfieri plays a character; and Alfieri is a good example of what some call a Greek Chorus. He is our narrator and plays the role of an Italian-American lawyer which makes us expect his words to be truthful. Alfieri also very effectively helps distinguish scenes, expand on characters and make the play more explicit, just as a Greek Chorus would do in old Greek tragedies. Doing this allows us to understand and follow up on the play, its themes and events. â€Å"†¦In Sicily, from where their fathers came, the law has not been a friendly idea since the Greeks were beaten†¦Justice is very important here†: Alfieri’s opening monologue, Act 1; he is the Greek Chorus. Alfieri gives us some background information on Red Hook and its neighbourhood, allowing the audience to form an impression on the characters and their morals. Having knowledge on the circumstances explored in the play, what with the illegal immigration, this line in the monologue can infer one of two things: the Italians in Red Hook cannot turn to the law because they are illegal immigrants, or the Italians will not turn to the law due their lack of trust as a result of their Italian customs. Either way, since turning to the law is never going to be the answer, the obvious way to gain justice is for the law to be taken into the people’s hands. Knowing this helps us, the audience, understand why certain events take place later on in the play. We understand Marco is an immigrant and therefore understand why he uses violence to enforce justice against Eddie for his actions. The theme of justice is introduced here. Eddie Carbone’s death at the end of the play came as no surprise to us all. Alfieri had already told us from the beginning that he sat there and â€Å"watched it run its bloody course†¦this one’s name was Eddie Carbone’’. Eddie Carbone will die, but in no ordinary way; he will be murdered which we can indicate from Alfieri mentioning â€Å"bloody course†. Alfieri put great emphasis on the fact that the people of Red Hook take justice into their own hands in his opening monologue which, if we put two and two together, must mean that Eddie’s blood will be spilt for one’s justice. This time Arthur Miller uses Alfieri to really hook, and keep us hooked, in the play. Us knowing that Eddie will be murdered before it actually happens means that we, the audience, know more than the characters. Throughout the play, no matter what turn of event takes place, we know that Eddie’s death is inevitable. This creates a very interesting and suspense atmosphere as we are eager to find out how exactly each character’s action leads up to the death; how Eddie’s own actions may have a huge impact on Marco feeling compelled to end his life. The theme of unnatural love is also first made clearer to us through the use of Alfieri and his unveiling of Eddie’s true inner feeling for Catherine, although Eddie himself denies such possibility which is typical of longshoremen, or men generally, of the time; expressing your emotions just wasn’t a masculine thing to do. Alfieri claims that Eddie has â€Å"too much love for the niece†, which makes Eddie’s resentment towards Rodolpho understandable to us. Why Eddie opposed Catherine’s relationship with Rodolpho was at first quite inexplicit, with many of us assuming it was just the possessiveness of an uncle, but Arthur Miller’s use of Alfieri’s, again as a Greek chorus, makes the play more understandable, and not only that, it also enhances the dramatic factor of the play; we know Eddie will die at the end of the play and are now interested to know how his feelings for Catherine will play a part in his tragic death. In Act 1 Alfieri and Eddie both highlight the codes of the society of Red Hook, made due to the mistrust in the law. Eddie outlines the consequences of snitching on the immigrants whilst Alfieri explains to us that the immigrants will take the law into their own hands. When Eddie is on the verge to call the immigration Bureau later in Act 2 Alfieri tells him he â€Å"won’t have a friend in the world†, reminding Eddie and us that the society will destroy him if he informs because he is going against their codes of society. Here Alfieri, in spite of being a lawyer who should support the law, is trying to prevent Eddie from making a huge mistake. Alfieri is an American lawyer from an Italian background which is why he is aware that if Eddie goes along with his actions then he will have the society to answer to. We trust Alfieri, a lawyer to be a good judge of character and rational, because he is professionally detached. However, with Eddie he has a slight connection which he mentions in his opening monologue: â€Å"I had represented his father in an accident case some years before, and I was acquainted with the family in a casual way†. When Eddie did call the Immigration Bureau, Alfieri and the audience know that Eddie’s actions were against the codes of society and citizens of the time would not abide by the law, no, they will enforce their justice though violence. However despite being aware of this, Alfieri offers a different opinion on the codes of society to Marco. â€Å"To promise not to kill is not dishonourable† and â€Å"Only God makes justice†. This makes the play very much more dramatic because on one hand Alfieri goes against the law advising Eddie not to snitch, and on the other hand Alfieri goes against the codes of society by telling Marco not to kill Eddie. This adds to the dramatics because we know that Alfieri’s attempts to prevent Eddie’s death will fail, he himself mentioned being â€Å"powerless†, so we continue to watch whether Marco listens to Alfieri or does go out to kill, sticking by his Italian customs. In addition, I think that Arthur Miller has decided to make one character go against the law and the other by the law to show that both the law and a person’s morale can be wrong – the law is not always correct and neither is a person’s judgement of what is right and wrong. This too makes it dramatic as the audience can now question themselves whether the steps taken by each character was right or wrong. The portrayal of Eddie Carbone in the play is, without a doubt, negative. His unnatural feeling for Catherine, his horrible behaviour towards Rodolpho and his betrayal to the cousins forces us to dislike his character. However, to conclude the play, Arthur Miller decides to express Alfieri’s sympathy for Eddie to shape our final impression of him, leaving us confused as to whether Eddie was a heroic character or a villain. †¦even as I know how wrong he was, and his death useless, I tremble†¦something perversely pure calls to me from his memory†¦for he allowed himself to be wholly known and for that I think I will love him more then all my sensible clients†. Alfieri does not stop liking Eddie because he understands what he was like. He is suggesting to us that although we recognise Eddie’s actions as immoral and wrong, perhaps we should delve deeper into what provoked Eddie to commit the crimes he did. His love for Catherine, while wrong, is pure, so should he have been punished by death? But maybe if he had listened to Alfieri and compromised with Catherine and Rodolpho’s relationship none of this would have happened. Alfieri had repeated many times, as well as in his closing monologue, that it is â€Å"better to settle for half†; making compromises is best. This is the very meaningful message Arthur Miller portrays to us through Alfieri throughout the play. To conclude, I believe Alfieri, despite not taking much part in the action, has a very vital part in the play. He is, metaphorically speaking, the bridge in the play, who has been distinctively used as a viewpoint of the story. Without him we would have been left clueless after watching the play as it is he who fills in all the gaps and answers all the unanswered questions lingering in our minds. He also raises suspense in the play like no other, enhancing our enjoyment. When Eddie is on the urge of calling the Immigration Bureau Alfieri, despite being a lawyer who should support the law, discourages Eddie from proceeding with the call. You won’t have a friend in the world, Eddie! Even those who understand will turn against you, even those who feel the same will despise you! † He reminds Eddie and the audience that the society will destroy him if he informs because he is going against the codes of society. Alfieri is knowledgeable on these codes of so opposes the law as he does not want Addie to make this mistake probably because he is becoming too attached to Eddie’s story as he offers a different opinion on the codes of society to Marco. To promise not to kill is not dishonourable† and â€Å"Only God makes justice†. Both Alfieri and the audience know that Eddie’s act was against the codes of society and in the society of the time Eddie will be punished though violence as this is the only way Marco, an Italian immigrant, will obtain his justice, based on the fact that the Italians did not trust the law. But yet Alfieri went against the codes of society by telling Marco not to kill Eddie, whilst on the other hand he goes against the law advising Eddie not to inform. This make the play more dramatic because the audience know that Alfieri’s attempts to try and prevent Eddie’s death will not have worked, reinforcing that he is powerless, so they continue to see how Eddie dies. Also I think that Arthur Miller has decided to make one character go against the law and the other by the law to show that both the law and a person’s morale can be wrong – the law is not always correct and neither is a person’s judgement of what is right and wrong. This too makes it dramatic as the audience can now question themselves whetehr the steps taken by each character was right or wrong. He doesn’t stop liking Eddie, because he understands what he was like. He mourns Eddie, but with alarm, because he knows it will happen again. Alfieri is the voice of reason amongst great chaos, but chaos wins, probably because of the tense situation. I confess that something perversely pure calls to me from his memory. â€Å"To what extent is it possible to feel sympathy for Eddie? Consider in your answer the part played by the Italian community in his behaviour. When Alfieri concludes his feelings at the end of the play, he is suggesting to the audience that although we recognize Eddie’s actions as immoral and wrong, perhaps we may still be able to sympathise with him. In order to answer this, we have to delve deeper into what provoked Eddie to commit the crimes he did, which ended eventually in his own death. At the beginning of the play, Miller wants us to recognise just how good a man Eddie can be. With his Arthur Miller ends the play in a dramatic and thought provoking way. The audience question whether Eddie deserved to die or not. All Eddie had done is fallen in love, perhaps with the wrong person, but love is a pure emotion that cannot be controlled. Eddie’s feelings lead him to call the immigration Bureau but he was not in the right state of mind as he himself was confused about his feelings for Catherine co should he have been punished by death? Arthur Miller uses Alfieri to close the play portraying a meaningful message, a phrase which he repeats many times; â€Å"And yet it is better to settle for half†. Making compromises is best. Being greedy can be regretful so it is better to be happy with what you’ve got than risk your life for more. Although Alfiieri does not take much part in the action, he has a vital role in the play. He is the narrator, the lawyer and the mediator (he tries to keep the peace). He is, metaphorically speaking, the bridge in the title. He is separate from the main action so could be described as looking down on it. He also links the Italian American community with America itself in terms of its laws which do not necessarily reflect traditional Italian views on justice. Significantly by the title â€Å"A view from the bridge†, this is indeed exactly the role of Alfieri’s character. Miller uses distinctively the character of Alfieri as a viewpoint of the story , something he does in a very elegant and dynamic way. In conclusion, Alfieri’s role within this play makes it entertaining, enjoyable and easier to understand for the audience. I believe that without Alfieri the play would not have binded well therefore the audience would not have had a good understanding. It’s like having a building without its foundation. Arthur Miller’s use of Alfieri managed to draw in the audience’s attention, build up suspense at the beginning of the play, make it clear why certain events took place and why characters behave the way they do, so I think that without Alfieri, ‘A View From The Bridge’ will be meaningless and confusing to watch.

The Effects Of Random Audience On Cancer - 958 Words

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Managing Your Own Office For A Smaller Pool Of Resources

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Assignment 2 Database Management Systems - 1167 Words

Assignment-2 Database Management Systems General Database Concepts 1. Describe the types of facility you would expect to be provided in a multi-user DBMS. Data Storage, Retrieval and Update. A User-Accessible Catalog. Transaction Support. Concurrency Control Services. Recovery Services. Authorization Services. Support for Data Communication. Integrity Services. Services to Promote Data Independence. Utility Services. 2. Discuss the differences between DDL and DML? What operations would you typically expect to be available in each language? Data Definition Language (DDL) statements are used to define the database design or schema while Data Manipulation Language (DML) statements are used to manage data with Schema objects. In DDL, we have operations like CREATE: To create objects in database. ALTER: Alter the structure of the database. DROP: Delete objects from database. TRUNCATE: Removing all records from the table. COMMENT: Add comments to the data dictionary. 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Tort of Negligence Legal Service

Question: Discuss bout the Tort of Negligence Legal Service. Answer: Introduction Two friends, Rebecca and Michelle, visited a bar and had wine. While returning home, the car was being driven by Michelle who was in a drunken state. She drove quite dangerously, and though Rebecca gave several warnings, the car was crashed, and Rebecca thus sustained several injuries. She thus wanted to sue Michelle for negligence and in this assignment, this aspect shall be discussed. Issues The issues that arise in the given matter can be enumerated as under: Whether the given situation satisfies all the requirements under the tort of negligence and as such whether Michelle is liable in the matter? Whether Rebecca is liable for contributory negligence in the given scenario? Rules As defined in the case of Gnych v Polish Club Limited, [2015], a tort of negligence is a failure on the part of the defendant to exercise a duty of care that he was supposed to take. Any other reasonable and prudent person would have taken in similar circumstances that ultimately results in some losses to the plaintiff. This failure of duty of care in most cases is the causal factor for the damage that has been incurred by the plaintiff. Hence, according to the above definition, it can be said that there are four elements that should be satisfied to substantiate a claim of negligence (Claimsjournal.com, 2016). The defendant should have a duty of care towards the plaintiff; the defendant should breach this duty of care; the breach of the duty of care should result in some damage to the plaintiff and the damage that is caused should be a reasonably foreseeable one and not some remote cause (Oberdiek, 2013). Then, there are certain defenses that can be taken by a defendant when an accusation for being negligent is brought against him (Bolton v Stone, [1951]). The Civil Liability Act also ratifies these defenses. In case, contributory negligence is proved in any instance, the liability of the defendant comes down substantially. This has been specifically provided in Section 23 of the Act (Fletcher, 2008). To prove contributory negligence in any matter, intoxication is one of the valid grounds. Under Section 5 of the Civil Liability Act, intoxication has been laid down as a ground for establishing contributory negligence (Salmond, 2011). In such instances, the damages that are claimed can also be diminished by 100%. However, the adjudication is done by the Courts, and the decision is taken on the merits and facts of the case (Charlesworth and Percy, 2012). Two stages are involved in this process. The first shows the negligence done by the plaintiff and the second assigns a percentile issue on the same (Marcolongo v Chen, [2011]). Section 16 and 17 of the Civil Liability Act also need to be mentioned here. These deal with obvious risks and voluntary assumptions of risks. A person can say that he had not contributed in the negligence if he can without any doubts prove before the court that he was unaware of the risk present in the matter (Hobartlegal.org.au, 2016). Secondly, in case a person understands that there is some amount of risk associated with any incident, then he should look at it from the view of a reasonably prudent person. The mere presence of the knowledge of the risk is enough ground to substantiate that the plaintiff himself, who is responsible for the damage, and the defendant does not hold any liability in the matter (Cooke, 2007). Application These rules shall now be applied to the given factual background. Both Michelle and Rebecca were drunk in the situation. The wine was consumed by the in their wish. Since both of them were intoxicated, it can be said that driving on the part of either of them would have qualified to be a negligent act. In spite of knowing their intoxicated conditions, they chose to drive back home and thus, on the very first instance, negligence is proved beyond doubts in the matter. After that, it was realized by Rebecca that the condition of Michelle was not proper to let her drive and even then she allowed her to remain seated on the driver's seat. She also realized that she was driving dangerously and thus it can be said beyond any doubts that Rebecca was well aware of the drunken state of Michelle. Hence, it can be said that it would have been justified if Rebecca would not have accepted the offer of Michelle to drive her back home. However, Rebecca decided to choose on otherwise grounds and thu s contribution of Rebecca towards negligence is established without any reasonable doubts. This does not, however, absolve Michelle from any liability. She had a duty of care towards Rebecca and that she indeed breached the duty of care. A reasonably prudent person would not have made this breach in that place. The damages faced by Rebecca are attributable to the negligence of Michelle, and there is no remoteness to the damage in the matter. However, at the same time, it is also argued that Rebecca had the liability of contributory negligence. The risk that is the cause of the damage was pretty much foreseeable and obvious, and the voluntary acceptance of that risk by Rebecca proves her contribution to the negligence. Any other prudent person would have technically avoided that risk. The car after that met with the accident, and this resulted in injuries sustained by Rebecca and also gave her a broken leg. Thus, in these conditions, even if Rebecca accuses Michelle of negligence, the same cannot be awarded because of her liability in contributory negligence. Conclusion Thus, it can be concluded saying that: Michelle is, in fact, liable for negligence, and a suit can be maintained against her; Though Michelle has a liability, Rebecca cannot succeed in the claim because of her contributory negligence in the matter. References Bolton v Stone[1951] AC p.850. Charlesworth, J. and Percy, R. (2012).Charlesworth Percy on negligence. 9th ed. London: Sweet Maxwell. Claimsjournal.com. (2016). [online] Available at: https://www.claimsjournal.com/news/national/2014/01/02/242115.htm [Accessed 5 Sep. 2016]. Cooke, P. (2007).Law of tort. Harlow: Longman. Fletcher, G. (2008).Tort liability for human rights abuses. Oxford: Hart Pub. Gnych v Polish Club Limited[2015] HCA p.23. Hobartlegal.org.au. (2016).Defences to the Tort of Negligence | Hobart Community Legal Service. [online] Available at: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/defences-tort-negligence [Accessed 5 Sep. 2016]. Marcolongo v Chen[2011] HCA p.3. Oberdiek, J. (2013).Philosophical foundations of the law of torts. Salmond, J. (2011).The law of torts. London: Sweet Maxwell.