Tag: Principle

  • The Sorry State Of Nigeria’s Judiciary Among Others Makes The Battle Cry For A Revolution Inevitable By Francis Adewale

    The Sorry State Of Nigeria’s Judiciary Among Others Makes The Battle Cry For A Revolution Inevitable By Francis Adewale

    Lawyers
    Lawyers

    “Those who make peaceful revolution impossible will make violent revolution inevitable.”
                                                   – President John F. Kennedy (1962)

    This week may be one of the worst weeks for Nigerian judiciary and they might have made the much vaunted Sowore’s revolution inevitable. The first salvo was the list of judges released by the National Judicial Council replete with the names of their sons and daughters as well as hangers on. Second is the farcical decision in EFCC vs Kalu where the Supreme Court “suo motu” created a new section to the constitution of Nigeria by vacating a conviction duly given under an extant law. The strange rationale by the Supreme Court is that the presiding judge, now elevated to the Court of Appeal should not have pronounced the sentence. The Court conveniently ignored the fact that the accused counsel had invited the judge to come back and continue the hearing by a formal letter!

    Gone are the days when Nigerian judiciary is famously celebrated as the last bastion of defense for the common man. The days of Kayode Esho, Chukwudifu Oputa, Muhammed Uwais is long gone. Our judiciary is no more like Caesar’s wife, above board. The problem however is not necessarily down to the hydra headed monster of corruption alone but a more sinister evil called, nepotism. It is my humble opinion that an opaque process for selection of judges led us to where we found ourselves this week. And the problem did not start with the current chief justice. The dysfunction and bastardization have been long in coming, and as we will find out in this piece, the cancer has eaten deep into the fabric of this nation. The revolution is inevitable. 

    The Sorry State Of Nigeria’s Judiciary Among Others Makes The Battle Cry For A Revolution Inevitable By Francis Adewale 1Lawyers


    What precipitate this write up is a social media post by a good friend of mine and I obtained his permission to repost his comment with my personal edits:
    “It took Orji Kalu only 4 months including Covid lockdown challenge to move from the High Court to Supreme Court to get his so called sound judgment from Supreme Court while it took ten years to get his case completed at the High Court level. Ten good years! And we are told justice in Nigeria is not cash and carry? The Supreme Court is preparing the ground for a revolution and very soon something extraordinary will take place. The same Supreme Court that will give 2021 and 2022 court date for poor defendants, sat and summarily decide a case within 4 months while cases of those facing a life sentence languish in the labyrinth of jungle justice!”

    My first response to the post, is to retort that the problem did not start with judiciary, but they seem to have led the “nunc dimitis” for the internment of democracy in Nigeria. The judiciary may have pushed us to the praecipe but they were not the only one. We all recalled the impunity days of PDP rule and how they ride roughshod on people’s right, celebrating acquisition of jets obtained from corrupt practices while hordes of masses suffer the indignity of scrapping for foods from the gutter. Towards the end of that era, we all thought, if we can just get a man of integrity into Aso Rock, someone who will brook no atom of corruption, we will change the country. The election of 2015 seems to have lulled Nigerians into thinking that all we need is someone or a duo with integrity, so we elect Buhari and Osinbajo, a puritan and a pastor and went home satiated. What we were not prepared for or more appositely choose to ignore is the fact that the vehicle that brought them into governance is none other than the decrepit system that PDP used to feather their nest. In the first 4 years, we were told that the problem is with the National Assembly where the legistlooters shifted their control of the vortex of power in Abuja, opposing every anti-corruption moves of the executives. Then come the last election where the ruling party now controls the executive and legislative arm, but corruption runs through the gamut of the judiciary and Aso Rock looks the other way while nepotism festers in its rank.

    It is as if the cancer has completely swallowed up the entire fabric of the nation. Cases involving the poor dragged on for years while those who can afford senior advocate can get quick justice. Many warned that this will sound the death knell of democracy in Nigeria. Every attempt to even build on free and fair election has been truncated by the judiciary. What with the recent confounding judgment from Imo and Bayelsa. Our two gargantuan political parties now owned our judiciary lock, stock and barrel. They sit in smoke filled rooms to determine who will be governors, legislators and judges, and those who will play ball are readily appointed as pawns in the chest board of the Nigerian ruling class, wives, nephews, cousins, sons and daughters are made judges and senior advocates overnight without recourse to any modicum of meritocracy. A friend of mine recently quipped that the problem of nepotism is not just that it defeats meritocracy and breeds mediocrity but that it infects the entire body politics and renders it comatose. Corruption can be traced, and ill-gotten wealth recovered but nepotism is more sinister. Those who obtain position of power and authority through nepotism hold fealty only to their masters who appointed them. Such appointee will readily twist the constitution, made up section that does not exist all at the behest of their “godfather”. It is insidious and evil.

    I graduated from Nigerian Law School 30 years ago, after an excellent stint at Great Ife. My class at Ife, drawn from the north, east, west middle belt and south-south has in its rank some of the best legal minds any country will be proud of. We graduated with high hopes to take on the world and change the land. Few of us found ourselves abroad on scholarship where we flourish and excel. Those in legal practice in Nigeria, either at the federal or state ministry of justice or private practice are the ones my heart bleeds for, especially those without access to members of the National Judicial Council. I have had the privilege to advance my career abroad as an attorney and public defender. I frequently sit on panels that recommend colleagues for appointment as judges in a fair, open and transparent process; something my colleagues in Nigeria could only dream of.

    When I look at the state of Nigerian legal practice my heart bleeds. The career growth of colleagues in the legal profession in Nigeria is stunted not for lack of excellence but influence in the right place. Influence peddling is an art form in Nigeria and politicians used to have the exclusive preserve of selling it to the highest bidder, but our Judicial Council seems to have mastered the art. The problem will not be this pronounced if the sons and daughters they are foisting on Nigerian judiciary are steeped in the Nigerian experience or have a modicum of merit. As many of my colleagues are apt to complain, majority of the recent appointees hardly spend few years in Nigeria. They all went to schools abroad. Totally devoid of the Nigerian experience, and constantly removed from the everyday life Nigerians suffers under. Majority of them lives in the gilded mansions of their forbears in Abuja and other state capitals, where they are rarely touched by the “better angels of our nature” to use the phrase coined by Abraham Lincoln. It is therefore no surprise that they care only for what their “godfather” demand.

    Let me however warns that the biggest mistake we could make is to think that the rot is only in the heart of our judiciary. Think again. Nepotism is next door, next street, next town and everywhere in Nigeria. It rampages through the land, be it North, East or West. Just look at our churches and mosques, who do you see minister or lead the prayers when the founder/visioner is not around? You guess right,  if you say their sons and daughters. Gone are the days when Pa Fadayomi push to have a meritorious doctor of aerodynamics succeed him. Gone are the days when the leader of the faithful in Nigeria is selected by their aptitude in the knowledge of the Quaran. Nowadays, the exit of the leader is the beginning of the reign of the progeny. It has infected our colleges and universities, scholarship and opportunities that used to be available on merit are now exclusive preserve of the vice chancelor’s children and family members. Woe betide the school senate members that dare ask questions. Advertisement for jobs that has already been reserved for the children of the privileged are means to extort money in the form of application fees a la Abba Moro immigration recruitment scheme. A recent recruitment without advertisement at our apex bank reported by Sahara Reporters shows that successful applicants names were picked out of the rolodex of the governor. Commercial Banks staff are not an exemption, they are either recruited based on sex appeal or influential ministers/senators’ “recommendation” which doesn’t come easy for the educated but less privileged applicants.

    A friend concluded an animated discussion on social media on this issue with a distinctively Nigerian resignation: “It is clear that those who do not want things to work properly in Nigeria are more powerful than those who are working towards finding solutions to our problems.” Again, my response is what do we have to lose if we embrace Omoyele Sowore’s revolution, even with its youthful disdain for experience? Especially when our current experienced leadership seems to treat the Nigerian masses with contempt. Look at it this way: They do not need our votes to win election, as they could procure midnight judgment in Abuja a la Bayelsa and Imo. They do not need to legislate to fill any lacunae in our constitutional experience as the Supreme Court proved in Kalu’s case. In fact, as long as oil flows and they have the means to fill their Cayman Island bank accounts, we may as well not exist. Greed and avarice have become the directive principle of Nigerian ruling class. To rescue ourselves from their vice grip, we need revolution now!

    Francis Adewale
    Tioluwanimi@gmail.com

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  • BIRTH CONTROL METHODS

    BIRTH CONTROL METHODS

    The general subject of Birth Control necessarily includes the special subject of Birth Control Methods, viz., of the methods of association between husband and wife under which offspring is conceived only at such times as desired, and consequently only in the number desired.

    These methods may be grouped into three general classes, as follows:

    I. Methods of Continence (total or temporary). In the practice of the methods under this class, there is an avoidance of sexual relations between husband and wife, either continuously or for certain periods during which the liability to conception is great.

    II. Methods of Semi-Continence. In the practice of the methods under this class, there is a partial manifestation of the sexual relation accompanied by an absence of the manifestation of the procreative functions.

    III. Methods of Contraception. In the practice of the methods under this class, the usual manifestations of the sexual relation are observed, accompanied by an avoidance of the union of the male and female elements of reproduction which result in conception.

    The student of the subject of Birth Control, of course, familiarizes himself or herself with each of the several classes of methods above noted, for the purpose of understanding the characteristic distinctions between them, and the respective advantages and disadvantages of each class. In the following pages each class will be briefly considered, that the student may acquire a general understanding thereof, and may be enabled to reason intelligently concerning them. In this presentation therewill be sought a fair statement of each class, without any desire to influence the student for or against either of them.

    Continence.

    Continence (which in this special sense means the avoidance of sexual relations between husband and wife), in the strict sense, is based upon the idea that the sexual relation should not be exercised except for the purpose and intent of procreation. In the restricted usage of the term, it refers to the abstinence from sexual intercourse during stated periods in which the liability to conception is greatest.

    Rev. Sylvanus Stall, the author of several widely-read works on the subject of Sex, says of strict continence: “One theory is that the reproductive function is not to be exercised except for the purpose of procreation. * * * There are some married people, more numerous than some suppose, who have adopted the idea of uniform continence, and who call the reproductive nature into exercise for the purpose of procreation only, and who assert that the maintenance of continence secures not only the greater strength and better health, but greater happiness also. * * * While the results of our investigations do not enable us to assert that it is the true theory, we are yet prepared to say that it is worthy of thoughtful consideration. If it is possible for married people to maintain absolute continence for a period of six months or a year, it must be conceded that it would be possible to extend that time to a longer period. The maintenance of this theory would require such a degree of self-control as is far beyond the possession of the great mass of humanity. We fear, also, that there are but few, even if they entered upon a life union with such thought and intention, who would be willing to maintain their principles for any considerable period. * * * The other theory, and that which many men and women who are eminent for their learning and religious life hold to be the correct theory, is that while no one has a right to enter upon the marriage relation with the fixed purpose of evading the duty of parenthood, yet that procreation is not the only high and holy purpose which God has had in view in establishing the marriage relation, but that the act of sexual congress may be indulged in between husband and wife for the purpose of expressing their personal endearments, and for quickening those affections and tender feelings which are calculated to render home the place of blessing and good which God intended. * * * It is held by those who advocate this theory, that while it would be possible to restrict the exercise of the reproductive functions to the single purpose of procreation, yet in the great majority of instances the effort to live by that theory would generally result in marital unhappiness. * * * Due regard is not only to be paid to the perpetuity of the race, but to the well-being and perpetuity of the individual.”

    The advocates of continence, except for the purpose of procreation, advance many arguments and evidence to justify their contention that this is the only course justified by Nature and Morality. We need not present this argument here, for it is outside the particular question now under consideration. However, in all fairness and justice, there should be presented here the general outline of their argument that there is no rational basis for the widely accepted idea that abstinence from sexual relations is in any way harmful or detrimental to the health and physical well-being of the human race.

    The advocates of continence cite the cases of many continent men who have been noted for their vigor and activity; and claim that such cases also justify their claim that continence makes for the sound mind in the sound body of mankind. The following quotations from authorities will give the general spirit of this contention.

    Dr. Kellogg says: “It has been claimed by many, even physicians, and though with but a slight show of reason, that absolute continence, after a full development of the organs of reproduction, could not be maintained without a great detriment to health. It is needless to enumerate all the different arguments employed to support this position, since they are, with a few exceptions, too frivolous to mention.” Dr. Mayer says: “This position is held by men of the world, and many physicians share it. This belief appears to us erroneous, without foundation, and easily refuted. No peculiar disease nor any abridgement of the duration of life can be ascribed to such continence. * * * Health does not absolutely require that there should ever be an emission of semen, from puberty to death, though the individual live a hundred years.” Dr. Kellogg also says: “This has been amply confirmed by experiments upon animals, as well as by the experience of some of the most distinguished men who have ever lived, among whom may be mentioned Sir Isaac Newton, Kant, Paschal, Fontenaille, and Michael Angelo. These men never married, and lived continent lives. Some of them lived to be a very great age, retaining to the last their wonderful abilities. In view of this fact, there is certainly no danger.”

    Another writer has said: “The Greek athletes training for the great Olympic Games were compelled to observe strict continence, the experience being that by this course they were able to conserve their vigor and strength much better. The prize-fighters of today are compelled by their trainers to observe strict continence during the period of training. Many of the former champions who went to pieces suddenly, owe their downfall to a violation of this rule.” Another has said: “Chastity, even continence, is the prime necessity of the successful athlete.” Dr. Kellogg forcefully says: “Breeders of stock who wish to secure sound progeny will not allow the most robust stallion to associate with mares as many times during the whole season as some of these salacious human males perform a similar act within a month.”

    Dr. Warbasse has said: “Testicular fluid in the seminal vesicles, under unexciting conditions, does not require to be discharged at intervals. I have not been able to find in the studies of the physiologists that its retention is abnormal or unhygienic. * * * I do not conceive of a man suffering from the ills of continence who has been cast away on a desert island, with no immediate prospect of relief, and whose mind and hands are occupied with raising grain, catching fish for subsistence, and constructing a boat for escape. All that has been said of men may be said of women.”

    Dr. Talmey has said: “Continence, if long continued, has been claimed to be the cause of impotence. But there is no valid reason for this belief. To prove the harmfulness of continence an analogue is brought forward between the atrophy of a muscle in enforced idleness and the injury to the sex organs in enforced abstinence. But the proof is somewhat feeble. The essential organs of generation are not muscles, but glands, and who has ever heard of a tear gland atrophying for lack of crying. * * * There is no valid proof of the harmfulness of total abstinence in a healthy individual. A perfectly healthy man is never injured by abstinence. At least there is no sufficient proof that he ever was; but there are unmistakable proofs that total abstinence does not harm the individual.”

    Dr. Stockham has said: “The testes may be considered analogous to the salivary and lachrymal glands, in which there is no fluid secreted except at the demand of their respective functions. The thought of food makes the mouth water for a short time only, while the presence of food causes abundant yield of saliva. It is customary for physicians to assume that the spermatic secretion is analogous to bile, which, when once formed, must be expelled. But substitute the word ‘tears’ for bile, and you put before the mind an idea entirely different. Tears, as falling drops, are not essential to life and health. A man may be in perfect health and yet not cry once in five or even fifty years. The lachrymal fluid is ever present, but in such small quantities that it is unnoticed. Where are tears while they remain unshed? They are ever ready, waiting to spring forth when there is an adequate cause, but they do not accumulate and distress the man because they are not shed daily, weekly, or monthly. The component elements of the tears are prepared in the system, they are on hand, passing through the circulation, ready to mix and flow whenever they are needed; but if they mix, accumulate and flow without adequate cause, there is a disease of the lachrymal glands. While there are no exact analogies in the body, yet the tears and the spermatic fluids are much more closely analogous in their normal manner of secretion and use than are the bile and the semen. Neither flow of tears nor of semen is essential to life or health. Both are largely under the control of the imagination, the emotions, and the will; and the flow of either is liable to be arrested in a moment of sudden mental action.”

    Parkhurst says: “The prostatic fluid, according to Robin, is secreted at the moment of ejaculation. The remaining element of the spermatic secretion is produced, under normal circumstances, only as required, either for impregnation or for the maintenance of the affectional function. The theory that the sperm is naturally secreted only as it is required, brings it into harmony with other secretions. The tears, the saliva, and the perspiration, are always required in small quantities, and the secretion is continuous; but if required in great quantities, the secretion becomes great almost instantly. The mother’s milk is chiefly secreted just as it is required for the infant, and when not required the secretion entirely ceases; yet it recommences the moment the birth of another child makes it necessary. * * * A man accustomed to abstinence will not suffer from any accumulation of secretions, while a man whose absorbing glands have never had occasion to take up the secretions will be in trouble; just as a dairy cow which has not been milked will be in trouble, though if running wild she would never have any necessity for milking. * * * The objection that man needs physical relief from a continuous secretion is answered by the admitted fact that men not deficient in sexual vigor live for months, and probably for years, in strict abstinence, and with no physical inconvenience such as is often complained of by men who happen to be deprived of their accustomed indulgence for a week or two at a time.”

    Dr. Nystrom, the eminent Swedish writer on the subject, however, utters the following warning to those who would make hasty generalizations on the subject: “In speaking of relative abstinence or regulation and command of the sexual instinct, I warn against absolutism in this regard, and especially against the generalizing of abstinence as possible for everybody. Although abstinence during an entire lifetime does not injure certain individuals, it cannot be endured by others for some length of time without undesirable consequences. I therefore oppose the principle of absolute continence as in the main false. It may possibly be applied to a few deeply religious or philosophical persons, but not to the majority of normal people, despite good resolutions and habits. * * * We must consider the different bodily constitutions and passions—why some people without difficulty, others with the greatest difficulty, can master their feelings regarding sexual relations. * * * May those who try to better humanity in sexual respects first give their attention to the subject when well prepared with a rich experience and deep study, for otherwise they cannot give advice which can be followed, and their work should fail as being contrary to human nature.”

    Temporary Continence. Many married couples who are desirous of preventing too-frequent conception, or conception following too soon after the birth of the youngest child, practice the method of refraining from the marital sexual relations during certain periods in which conception is most likely to occur. This custom is said to be favored by those acting under the advice of their religious instructors, and who regard all methods of birth-control other than continence as sinful. Even the most orthodox objectors to birth-control as a general principle seem to regard this particular method as free from objection, providing that the married couple do not seek to entirely escape parenthood in this manner.

    This plan is based upon the well-known, and well-established physiological principle that the time immediately before the menstrual period, and still more, immediately after the period is the most favorable to conception. Impregnation is most likely to occur just after the menstrual period; while from about two weeks after the beginning of the period, to a few days before the beginning of the next period, is the time of comparative sterility when impregnation and conception are the least likely to occur. Consequently, the authorities hold that the period of from ten to fifteen days after the end of the menstruation is one peculiarly free from the probability of impregnation and conception.

    This plan of temporary continence, continuing during the period in which conception is most probable, and terminating when that period has passed each month, until the new period approaches, is followed by many married couples with the full approval of the conscience and their religious guides. In many cases the result fulfills the expectations, though as there is a considerable variation observed among different women there is no absolute certainty to the plan considered as a birth-control method—at the best it is but taking advantage of the law of probabilities, the chances being in favor of the result sought.

    Semi-Continence.

    Semi-Continence (in the sense in which the term is employed herein) consists of the abstinence from the exercise of the procreative functions, while there is a partial manifestation of the sexual relation. Under various fanciful names, backed by as many curious theories, this birth-control method is practiced by very many married couples in this and other countries.

    Among the earlier advocates of this general class of birth-control methods was Noyes, the founder of the one-time famous Oneida Community, who taught the doctrine of what he called “Male Continence.” The gist of his teaching was as follows: That the sexual relation (in its entirety) should be exercised solely for the purpose of reproduction, all else being contrary to nature. But, he held, notwithstanding this, there was possible and proper a certain degree of such physical relation which, while not opposing Nature’s laws of reproduction, yet was sufficient to afford a complete manifestation of the “affectional desire and function.” In other words, as a writer has expressed it, “that one might manifest a marked degree of sexual gratification and still remain continent, while feeling none of the irksome restraints of continence.”

    Noyes claimed that his community followed this plan with satisfactory results, the ordinary sexual relations being manifested only when reproduction was specially desired and deliberately decided upon. Noyes claimed that in this way there was no secretion of the seminal fluid, and therefore no waste of the same, and no unnatural practices such attached to the common custom of “tricking Nature” by methods of preventing impregnation and conception. Parkhurst (who, as we shall see presently, followed Noyes) objected to the Noyes plan, claiming that “it necessarily stimulates into activity the generative functions of the sexual batteries, and this not only causes a wasteful use of sperm, but diverts the sexual batteries from their affectional function, diminishing amative attraction.”

    In the year 1896, Dr. Alice B. Stockham, of Chicago, published a book called “Karezza” which has since attained an enormous sale, the leading principle of which seems to have been almost similar to that of Noyes, as above stated. The book was built around the idea previously announced by the same author in an earlier book, which she stated as follows: “By some a theory called ‘secular absorption’ is advanced. This involves intercourse without culmination.” In her book “Karezza” this author further stated: “Karezza so consummates marriage that through the power of will, and loving thoughts, the crisis is not reached, but a complete control by both husband and wife is maintained throughout the entire relation, a conscious conservation of the creative energy. * * * It is both a union on the affectional plane, and a preparation for the best possible conditions for procreation.”

    About 1882, Henry M. Parkhurst published a booklet called “Diana,” which since that time has passed through several editions, and has had a large number of readers. The principle advocated is radically different from that of Noyes or Dr. Stockham, above mentioned, although some of the writings of Dr. Stockham seem to favor the Parkhurst idea as much as the one advanced by herself. Parkhurst, as we may see by reference to a quotation from him in connection with the Noyes’ idea, did not approve of the “male continence” as taught by the latter, although he seems to have considered it a step in the right direction.

    The gist of the Parkhurst idea is expressed in the following quotations from his booklet, “Diana”: “In order to secure proper and durable relations between the sexes, it is necessary to live in harmony with the law of Alphism, that is abstinence except for procreation. But if that principle is adopted alone, no means being taken to provide for the due exercise of the sexual faculties, it will likely be abandoned or lead to a life of asceticism. In order to make Alphism practicable for ordinary men and women, another law has to be observed, that is, the law of sexual satisfaction from sexual contact; understanding by the term ‘contact’ not merely physical external contact, but using the term in its more general sense to include sexual companionship, or even correspondence, bringing the minds into mental contact. The observance of this law will lead to complete and enduring satisfaction in abstinence.

    “It is an observed fact that contact incites to activity the affectional action, * * * extending over the whole frame, and by their activities satisfies them, without calling into action the special generative function of the generative organs. And it is also an observed fact that the repression of this affectional activity naturally creates a desire for the exercise of the other; so that a true remedy for sexual intemperance is the full satisfaction of the affectional mode of activity by frequent and free sexual contact. Sexual satisfaction may be obtained by personal presence, conversation, a clasp of the hands, kissing, caressing, embracing, personal contact with or without the intervention of dress.

    “The exercise of the affectional function tends to satiety and exhaustion in the same way as all other physical or mental exercise; but if it is not carried to excess it is a permanent benefit. * * * The principle of Alphism will tend to diminish prostitution, not only by diminishing sexual intemperance, even if the principle is not at once accepted in practice to the full extent, thus diminishing the temptation of the present generation, and the hereditary temptation of future generations; but also by correcting the physiological error which has led astray so many, i. e., that total abstinence is not conducive to health, or to the highest physical pleasure, but that the ordinary physical relation is an essential feature in male existence.

    “To avoid misapprehension, these two theories should be clearly defined and the distinction between them explained. The doctrine of Alphism is confined to one principle, i. e., the law of abstinence except for procreation. Those who believe in this doctrine may be divided into different classes. Some believe in it as a matter of duty, to be enforced by precept and self-denial; and some believe in it as a matter of right, requiring no self-denial. In the latter is included the doctrine of ‘Diana,’ which may be defined as the law of sexual satisfaction from sexual contact. In other words, Dianism is Alphism as the result of sexual equilibration.”

    The general idea of Parkhurst, and those who have followed his teachings in some modified or adapted form, may be said to be based upon the following general proposition: That there is a dual function in the sexual relations, which may be stated as follows: (1) the function exercised from purely physiological causes, and which expresses the desire for the relation resulting in procreation; and (2) the function exercised from emotional causes, and which expresses what may be called the “affectional desire,” i. e., the desire for the embrace, caress, fondling, and general companionship with the loved one of the other sex.

    The first one of these phases, i. e., the reproductive function, is manifested by the lower animals as well as by man, and is elemental and primitive in character. It is often manifested by man without the accompaniment of the affectional function, and at times seems to be almost entirely divorced from the idea of high human affection. The second one of these phases, i. e., the affectional function, usually accompanied the procreative function in the human sexual relation, at least in the highest forms of that relation. But also, it may be and often is manifested independently of the procreative function by men and women of refinement. In fact, it would seem to be the form of physical attraction accompanying the very highest phase of love, particularly in women.

    It is this affectional function which is manifested by betrothed lovers in their beautiful period of mutual understanding, sympathy, and affection. It is that characteristic of the courting days which is so precious to the woman, but which is too often sadly missed by the wife after the honeymoon. It exists often before the fires of passion are kindled, and it persists often after the flame of passion has died away. It is the expression of the purest love of youth, and of the tenderest affection of age. It is this form of sexual relation, physical though it may be, that is the outgrowth of evolution in man. May it not be that in this way man has “improved upon the sexual habits of the animals”; and that when man violates the natural restrictions held sacred by animal life, and indulges in excessive sexual relations in and out of season, that he is really manifesting a degenerative tendency instead of taking an upward step on the evolutionary scale.

    There have been many excellent authorities who have held that this affectional function, and its manifestation, is far better calculated to satisfy the sexual instincts of advanced men and women than is the ordinary physical sexual relation. They claim that in the higher form of this affectional relation is to be found the secret of the joy, bliss, and happiness of the betrothed lovers, which alas! too often disappear when the other form of the relation is manifested, particularly when manifested to excess in the manner customary to so many married men. They claim that in the recognition of this fact of human life and love is to be found the secret of married happiness between wedded advanced and cultured individuals. They assert that the experience of the race, rightly considered and understood, full proves this contention.

    Edward Carpenter has the following to say on this point: “It is a matter of common experience that the unrestrained outlet of the purely physical desire leaves the nature drained of its higher love-forces. * * * There are grounds for believing in the transmutability of the various forms of the passion, and grounds for thinking that the sacrifice of a lower phase may sometimes be the only condition on which a higher and more durable phase can be attained; and that, therefore, restraint (which is absolutely necessary at times) has its compensation. Anyone who has once realized how glorious a thing love is in its essence, and how indestructible, will hardly need to call anything that leads to it a sacrifice; and he is indeed a master of life who, accepting the grosser desires as they come to his body, and not refusing them, knows how to transform them at will into the most rare and fragrant flowers of human emotion * * * Between lovers, then, a kind of hardy temperance is to be recommended—for all reasons, but especially because it lifts their satisfaction and delight in each other out of the regions of ephemeralities (which too often turn into dull indifference and satiety) into the region of more lasting things—one step nearer at any rate to the eternal kingdom.

    “How intoxicating, indeed, how penetrating—like a most precious wine—is that love which is the sexual transformed by the magic of the will into the emotional and spiritual! And what a loss, on the merest ground of prudence and the economy of pleasure, is the unbridled waste along physical channels! So nothing is so much dreaded between lovers as just this—the vulgarization of love—and this is the rock upon which marriage so often splits. There is a kind of illusion about physical desire similar to that which a child suffers from when, seeing a beautiful flower, it instantly snatches the same and destroys in a few moments the form and fragrance which attracted it. He only gets the full glory who holds back a little, and he only truly possesses who is willing if need be not to possess. * * * It must be remembered, however, that in order for a perfect intimacy between two people their physical endearment must by the nature of the case be free to each other. The physical endearment may not be the object for which they come together; but, if it is denied, its denial will bar any real sense of repose and affiance, and make their mutual association restless, vague, tentative and unsatisfied. I think, from various considerations, that, generally, even without the actual physical sex-act, there is an interchange of vital and ethereal elements—so that it may be said that there is a kind of generation taking place within each of the persons concerned, through their mutual influence on each other, as well as that more specialized generation which consists in the propagation of the race.”

    Count Tolstoi said on this subject: “The difference in organization between man and woman is not only physiological but extends also into other and moral characteristics, such as go to make manhood in man, and womanhood (or femininity) in woman. The attraction between the sexes is based not merely upon the yearning for physical union, but likewise upon that reciprocal attraction exerted by the contrasting qualities of the sexes each upon the other, manhood upon womanhood, and womanhood upon manhood. The one sex endeavors to complement itself with the other, and therefore the attraction between the sexes demands a union of spirit precisely identical with the physical union.

    “The tendency toward physical and spiritual union forms two phases of manifestation of one and the same fountain-head of desire, and they bear such intimate relations to each other that the gratification of the one inclination inevitably weakens the other. So far as the yearning for spiritual union is satisfied, to that extent the yearning for physical union is diminished or entirely destroyed; and, vice versa, the gratification of the physical desire weakens or destroys the spiritual. And, consequently, the attraction between the sexes is not only physical affinity leading to procreation, but is also the attraction of opposites for one another, capable of assuming the form of the most spiritual union in thought only, or of the most animal union, causing the propagation of children, and all those varied degrees of relationship between the one and the other. The question of upon which footing the relation between the sexes is to be established and maintained, is settled by deciding what method of union is regarded at any given time, or for all time, as good, proper, and therefore desirable. * * *

    “The nearer the union approaches the extreme physical boundary, the more it kindles the physical passions and desires, and the less satisfaction it gets; the nearer it approaches the opposite extreme spiritual boundary, the less new passions are excited and the greater is the satisfaction. The nearer it is to the first, the more destructive it is to animal energy; the nearer it approaches the second, the spiritual, the more serene, the more enjoyable and forceful is the general condition. * * * Taking into consideration the varying conditions of temperament, and above all what the contracting parties regard as good, proper, and desirable, marriage for some will approach the spiritual union, and for others the physical; but the nearer the union approaches the spiritual the more complete will be the satisfaction. The substance of what has been said is this: that the relation between the sexes have two functions, i. e., the reproductive, and the affectional; and that the sexual energy, if only it have no conscious desire to beget children, must be always directed in the way of affection and love. The manifestation which this energy assumes depends upon custom or reason; the gradual bringing of the reason into accord with the principles herein expounded, and a gradual reorganization of customs consonant with them, results in saving men from many of their passions, and giving them satisfaction for their higher sexual instincts and desires.”

    Some capable writers on the subject have held that in the practice of the methods of semi-continence, such as have been referred to in the foregoing pages of this part of the book, there may lie the danger of excessive stimulation of the sexual centres, without the safety-valve of the physical and nervous relief which follows as a natural sequence in the ordinary sexual relations. The advocates of these methods, however, reply that such objections while valid in the case of persons who practice the same only because opportunity prevents the performance of the usual physical relation, still have no true application to those who adopt these methods in a conscientious and honest manner, and who maintain the proper mental attitude toward the whole question.

    These advocates say that the mental effect upon the secretions of the body must be taken into account in all considerations of the question. They say that just as the gastric juice will begin to flow in response to the mental image or idea of food, and the mother’s milk in response to the cry of the child for food, so do the sexual secretions, direction of the circulation, and other physiological activities result from the mental pictures or idea of sexual congress. They hold that if the mind of the husband be filled with mental images of sexual congress, then there is set into operation the process of secretion of seminal fluids, and the consequent engorgement of the blood-vessels concerned therewith, which are denied the normal physiological relief, and accordingly produce bad effects upon the nervous system. But they likewise claim that if the mind of the husband entertains ideas merely of physical endearment and caress as “an end to itself,” then there is no mental incentive toward the secretion of the seminal fluids, and the constant engorgement of the blood-vessels, and no nerve force is generated—and therefore no nerve-shock is experienced by reason of frustrated manifestation and expression.

    Parkhurst says regarding the point just mentioned: “In the relations between the sexes, the question of how the association of the husband and the wife shall stimulate the affectional or generative action or sexual batteries must depend greatly upon their habits of association. We have only to accustom ourselves to associating the relation with the affectional action, by repeated repetition when the affectional action is all that is felt or thought of, in order to cultivate such habits and associations as will make the association tend to repress passional desires, by the direction of the sexual forces into the channel of affectional attraction and functioning. * * * The form of the sexual manifestation will be largely influenced, by the mind, and largely by force with these principles, and the gradual formation of habits consistent therewith, will make more and more evident their beneficial operation.”

    There is much interest now being taken by thinking people in some phases of the general subject of semi-continence, and many thoughtful and conscientious persons find in it at least the promise of a worthy and honest solution of the problem of Continence as applied to Birth Control. Such persons claim to find in this general class of Birth Control methods a happy medium between the rigid practice of absolute Continence in the marriage relations, on the one hand, and the more popular methods of Contraception, on the other hand.

    Contraception.

    We now come to the consideration of the subject of Contraception, pure and simple, the methods of which contemplate the manifestation of the usual physical sexual relations between husband and wife, accompanied by an avoidance of the union of the male and female elements of reproduction which result in conception.

    It should once more be positively emphasized that by Contraception is NOT meant Abortion. Abortion means “the premature expulsion of the human embryo or foetus; miscarriage.” Contraception, on the other hand, means simply the prevention of the union of the male and female elements of reproduction, and consequently, the preventing of the process which evolves the foetus or embryo. Contraception is prevention; abortion is destruction. There is here a difference as wide as the poles. As Dr. William J. Robinson says, in a paragraph previously quoted in this book: “In inducing abortion, one destroys something already formed—a foetus, or an embryo, a fertilized ovum, a potential human being. In prevention, however, one merely prevents chemically or mechanically the spermatozoa from coming in contact with the ovum. There is no greater sin or crime in this than there is in simple abstinence, in refraining from sexual intercourse.”

    Unfortunately for the cause of scientific Birth Control in America, the laws of the United States (and of most of the separate States) at present prevent the public dissemination by written or printed words, or by public teaching of information concerning the contraceptive methods known to all intelligent physicians and others who have made a scientific study of the subject. The conveyal of such information, in the manner stated, is made a criminal offence, subject to heavy fines and imprisonment. Though there is a strong movement underway on the part of many intelligent and earnest citizens of this country, having for its object the repeal of such prohibitive laws, and the passage of careful legislation designed to give the dissemination of such instruction a legal and certain status, under the restrictions imposed by common sense, intellectual honesty, and the best interests of the race—to place it upon the same footing as in certain advanced European countries—the fact remains that at the present time no person may give such information without subjecting himself to indictment and probable conviction as a law-breaker and enemy of society.Under the circumstances, of course, there has been, and will be, no attempts to furnish such forbidden information in this book. So long as these laws stand unrepealed on the statute books, they must be observed by all law abiding citizens.

    Dr. Wm. J. Robinson, an authority on the subject, says: “We believe that under any conditions, and particularly under our present economic conditions, human beings should be able to control the number of their offspring. They should be able to decide how many children they want to have, and when they want to have them. And to accomplish this result we demand that the knowledge of controlling the number of offspring, in other and plainer words, the knowledge of preventing undesirable conception, should not be considered a criminal offence punishable by hard labor in Federal prisons, but that it should be considered knowledge useful and necessary to the welfare of the race and of the individual; and that its dissemination should be as permissible as is the dissemination of any hygienic, sanitary or eugenic knowledge.”

    The only possible relief from the present condition is seen by careful thinkers to be in the education of the public as to the needs of the case, and the presentation of the scientific argument in favor of rational and proper Birth Control, to the end that public opinion, once seeing the truth in the case, may be sufficiently strong as to bring about a change in the present antiquated and bigoted laws. But, so long as the laws remain on the statute books, they must be observed and obeyed. Education, not Anarchy, is the true remedy.

    The following general remarks on the subject of Contraception, by Havelock Ellis, the well-known English authority of the subject of Sex in Modern Society, may perhaps prove interesting to students of the general subject: Ellis says: “Many ways of preventing conception have been devised since the method which is still the commonest was first introduced, so far as our certainly imperfect knowledge extends, by a clever Jew, Onan (Genesis, Chap. XXXVIII) whose name has since been wrongly attached to another practice with which the Mosaic record in no way associates him. There are now many contraceptive methods, some dependent on precautions adopted by the man, others dependent upon the woman, others again which take the form of an operation permanently preventing conception, and, therefore, not to be adopted save by couples who already have as many children as they desire, or else who ought never to have children at all and thus wisely adopt a method of sterilization. It is unnecessary here, even if it were otherwise desirable, to discuss these various methods in detail. It is even useless to do so, for we must bear in mind that no method can be absolutely approved or absolutely condemned. Each may be suitable under certain conditions and for certain couples, and it is not easy to recommend any method indiscriminately. We need to know the intimate circumstances of individual cases. For the most part, experience is the final test.

    “Forel compared the use of contraceptive devices to the use of eyeglasses, and it is obvious that, without expert advice, the results in either case may sometimes be mischievous or at all events ineffective. Personal advice and instruction are always desirable. In Holland nurses are medically trained in a practical knowledge of contraceptive methods, and are thus enabled to enlighten the women of the community. This is an admirable plan. Considering that the use of contraceptive measures is now almost universal, it is astonishing that there are yet so many ‘civilized’ countries in which this method of enlightenment is not everywhere adopted. Until it is adopted, and a necessary knowledge of the most fundamental facts of sexual life brought into every home, the physician must be regarded as the proper adviser. It is true that until recently he was generally in these matters a blind leader of the blind. Nowadays it is beginning to be recognized that the physician has no more serious and responsible duty than that of giving help in the difficult path of sexual life. Very frequently, indeed, even yet, he has not risen to a sense of his responsibilities in this matter. It is well to remember, however, that a physician who is unable or unwilling to give frank and sound advice in this most important department of life, is unlikely to be reliable in any other department. If he is not up to date here, he is probably not up to date anywhere.

    “Whatever may be the method adopted, there are certain conditions which it must fulfill, even apart from its effectiveness as a contraceptive, in order to be satisfactory. Most of these conditions may be summed up in one: the most satisfactory method is that which least interferes with the normal process in the act of intercourse. Every sexual act is, or should be, a miniature courtship, however long marriage may have lasted. No outside mental tension or nervous apprehension must be allowed to intrude. Any contraceptive proceeding which hastily enters the atmosphere of love immediately before or immediately after the moment of union is unsatisfactory and may be injurious. It even risks the total loss of the contraceptive result, for at such moments the intended method may be ineffectively carried out, or neglected altogether. No method can be regarded as desirable which interferes with the sense of satisfaction and relief which should follow the supreme act of loving union. No method which produces a nervous jar in one of the parties, even though it may be satisfactory to the other, should be tolerated. Such considerations must for some couples rule out certain methods. We cannot, however, lay down absolute rules, because methods some couples may find satisfactory prove unsatisfactory in other cases. Experience, aided by expert advice, is the only final criterion.

    “When a contraceptive method is adopted under satisfactory conditions, with a due regard to the requirements of the individual couple, there is little room to fear that any injurious results will be occasioned. It is quite true that many physicians speak emphatically concerning the injurious results to husband or to wife of contraceptive devices. Although there has been exaggeration, and prejudice has often been imported into this question, and although most of the injurious results could have been avoided had trained medical help been at hand to advise better methods, there can be no doubt that much that has been said under this head is true. Considering how widespread is the use of these methods, and how ignorantly they have often been carried out, it would be surprising indeed if it were not true. But even supposing that the nervously injurious effects which have been traced to contraceptive practices were a thousandfold greater than they have been reported to be—instead of, as we are justified in believing, considerably less than they are reported—shall we therefore condemn contraceptive methods? To do so would be to ignore all the vastly greater evils which have followed in the past from unchecked reproduction. It would be a condemnation which, if we exercised it consistently, would destroy the whole of civilization and place us back in savagery. For what device of man, ever since man had any history at all, has not proved sometimes injurious?

    “Every one of even the most useful and beneficial of human inventions has either exercised subtle injuries or produced appalling catastrophes. This is not only true of man’s devices, it is true of Nature’s in general. Let us take, for instance, the elevation of man’s ancestors from the quadrupedal to the bipedal position. The experiment of making a series of four-footed animals walk on their hind-legs was very evolutionary and risky; it was far more beset by dangers than is the introduction of contraceptives; we are still suffering all sorts of serious evils in consequence of Nature’s action in placing our remote ancestors in the erect position. Yet we feel that it was worth while; even those physicians who most emphasize the evil results of the erect position do not advise that we should go on all-fours. It is just the same with a great human device, the introduction of clothes. They have led to all sorts of new susceptibilities to disease and even tendencies to direct injury of many kinds. Yet no one advocates the complete disuse of all clothing on the ground that corsets have sometimes proved harmful. It would be just as absurd to advocate the complete abandonment of contraceptives on the ground that some of them have been misused. If it were not, indeed, that we are familiar with the lengths to which ignorance and prejudice may go we should question the sanity of anyone who put forward so foolish a proposition. Every great step which Nature and man have taken in the path of progress has been beset by dangers which are gladly risked because of the advantages involved. We must never loose sight of the immense advantages which Man has gained in acquiring a conscious and deliberate control of reproduction.”

    PRIVATE Sex Advice to Women By R. B. Armitage, M. D.

    For Young Wives and those who Expect to be Married.

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  • Glossary of Youth: Its Education, Regimen, and Hygiene, by G. Stanley Hall

    Glossary of Youth: Its Education, Regimen, and Hygiene, by G. Stanley Hall

    GLOSSARY

    AGAMIC. Unmarried; unmarriageable, sometimes non-sexed.

    AGENIC. Lacking in reproductive power; sterile.

    AMPHIMIXIS. That form of reproduction which involves the mingling of substance from two individuals so as to effect a mixture of hereditary characteristics. It includes the phenomena of conjugation and fertilization among both unicellular and multicellular organisms.

    ANABOLISM. See METABOLISM.

    ANAMNESIC. Pertaining to or aiding recollection.

    ANEMIC. Deficient in blood; bloodless.

    ANTHROPOMORPHISM. The attributing of human characteristics to natural, supernatural, or divine beings.

    ANTHROPOMETRY. Science of measurement of the human body.

    ARTIFACT. Any artificial product.

    APHASIA. Impairment or lose of the ability to understand or use speech.

    ASSOCIATIONISM. The psychological theory which regards the laws of association as the fundamental laws of mental action and development.

    ATAVISTIC. Pertaining to reversion through the influence of heredity to remote ancestral characteristics.

    ATAXIC. Pertaining to inability to coördinate voluntary movements; irregular.

    CALAMO-PAPYRUS. Reed papyrus or pen-paper.

    CATABOLISM. See METABOLISM.

    CATHARSIS. Purgation or cleansing. Aristotle’s esthetic theory that little renders immune for much.

    CEREBRATION. Brain action, conscious or unconscious.

    CHOREA. St. Vitus’s dance; a nervous disease marked by irregular and involuntary movements of the limbs and face.

    CHRESTOMATHY. A collection of extracts and choice pieces.

    CHRISTENTHUM. The Christian belief; the spirit of Christianity.

    COMMANDO EXERCISES. Gymnastic exercises whose order is dependent upon the spoken command of the director.

    CORTEX. The gray matter of the brain, mostly on its surface.

    CORTICAL. Pertaining to the cortex.

    CRANIOMETRY. The measurement of skulls.

    CRYPTOGAMOUS. Having an obscure mode of fertilization; or, of plants that do not blossom.

    CULTUS. A system of religious belief and worship.

    DEUTSCHENTHUM. The spirit of the German people.

    DIATHESIS. A constitutional predisposition.

    EPHEBIC. Pertaining to the Greek system of instruction given to young men to fit them for citizenship; adolescent.

    EPIGONI. Successors; followers who only follow.

    EPISTEMOLOGY. The theory of knowledge; that branch of logic which undertakes to explain how knowledge is possible and to define its limitations, meaning, and worth.

    EUPEPTIC. Having good digestion.

    EUPHORIA. The sense of well-being; of fullness of life.

    EVIRATION. Emasculation; loss of manly characteristics.

    FERAL. Wild by nature; untamed; undomesticated.

    FORMICARY. An artificial ants’ nest.

    GEMÜTH. Disposition; the entire affective soul and its habitual state.

    HEBETUDE. Dullness; stupidity.

    HEDONISTIC. Relating to hedonism, that form of Greek philosophy which taught that pleasure is the chief end of existence.

    HETAERA. A Greek courtesan. This class was often highly trained in music and social art, and represented the highest grade of culture among Greek women.

    HETEROGENY. (1) The spontaneous generation of animals and vegetables, low in the scale of organization, from inorganic elements. (2) That kind of generation in which the parent, whether plant or animal, produces offspring differing in structure or habit from itself, but in which after one or more generations the original form reappears.

    HETERONOMOUS. Having a different name.

    HOROLOGY. The science of measuring time and of constructing instruments for that purpose.

    HYGEIA. The Greek goddess of health; health.

    HYPERMETHODIC. Methodic to excess; overmethodic.

    HYPERTROPHY. Excessive growth.

    INDISCERPTIBLE. Incapable of being destroyed by separation of parts.

    INHIBITION. Interference with the normal result of a nervous excitement by an opposing force.

    IRRADIATION. The diffusion of nervous stimuli out of the path of normal discharge which, as a result of the excitation of a peripheral end organ may excite other central organs than those directly connected with it.

    KINESOLOGICAL. Pertaining to the science of tests and measurements of bodily strength.

    KINESOMETER. An instrument for measuring muscular strength.

    MEDULLATION. The investment of nerve fibers with a protective covering or medullary sheath, consisting of white, fat-like matter.

    MERISTIC. Pertaining to the levels or spinal and cerebral segments of the body.

    METABOLISM. The act or process by which, on the one hand, dead food is built up into living matter—anabolism, and by which, on the other, the living matter is broken down into simpler products within a cell or organism—catabolism.

    METAMORPHOSIS. Change of form or structure; transformation.

    METEMPSYCHOSIS. The doctrine of the transmigration of the soul from one body to another.

    MONOPHRASTIC. Pertaining to or consisting of a single phrase.

    MONOTECHNIC. Pertaining to a single art or craft.

    MORPHOLOGY. The science of form and structure of plants and animals without regard to function.

    MYOLOGY. The scientific knowledge of the muscular system.

    MYTHOPOEIC. Producing or having a tendency to produce myths.

    NOETIC. Of, pertaining to, or conceived by, mind.

    NUANCE. Slight shade; difference; distinction; degree.

    ORTHOGENIC. Pertaining to right beginning and development.

    ORTHOPEDIC. Relating to the art of curing deformities.

    OSSUARY. A depository of dry bones.

    PALEOPSYCHIC. Pertaining to the antiquity of the soul.

    PANTHEISTIC. Relating to that doctrine which holds that the entire phenomenal universe, including man and nature, is the ever-changing manifestation of God, who rises to self-consciousness and personality only in man.

    PATRISTICS. That department of study occupied with the doctrines and writings of the fathers of the Christian Church.

    PHOBIA. Excessive or morbid fear of anything.

    PHYLETICALLY. In accordance with the phylum or race; racially.

    PHYLETIC. Pertaining to a race or clan.

    PHYLOGENY. The history of the evolution of a species or group; tribal history; ancestral development as opposed to ontogeny or the development of the individual.

    PHYLUM. A term introduced by Haeckel to designate the great branches of the animal and vegetable kingdoms. Each phylum may include several classes.

    PICKELHAUBE. The spiked helmet of the German army.

    PLANKTON. Sea animals and plants collectively; distinguished from coast or bottom forms and floating in a great mass.

    POLYGAMIC (LOVE). Pertaining to the habit of having more than one mate of the opposite sex.

    POLYPHRASTIC. Having many phrases; pertaining to rambling, incoherent speech.

    POST-SIMIAN. Pertaining to an age later than that in which simian or monkey-like forms prevailed.

    PRENUBILE. Pertaining to the age before sexual maturity or marriageability is reached.

    PRIE DIEU. A praying desk.

    PROPEDEUTIC. Preliminary; introductory.

    PROPHYLACTIC. Any medicine or measure efficacious in preventing disease.

    PSEUDOPHOBIAC. Pertaining to a morbid condition in which the subject is continually in fear of having said something not strictly true.

    PSYCHOGENESIS. The origin and development of soul.

    PSYCHONOMIC. Pertaining to the laws of mind.

    PSYCHOSIS. Mental constitution or condition; any change in consciousness, especially if abnormal.

    PUBERTY. The age of sexual maturity.

    PUBESCENT. Relating to the dawning of puberty.

    PYGMOID. Of pygmy size and form.

    RABULIST. A chronic wrangler; one who argues about everything.

    SCHEMA. A synopsis; a summary. In the Kantian sense, a general type.

    SCHEMATISM. An outline of any systematic arrangement; an outline.

    SUPERFOETATION. A second conception some time after a prior one, by which two foetuses of different age exist together in the same female. Often used figuratively.

    TEMIBILITY. (From Italian temibile, to be feared.) The principle of adjustment of penalty to crime in just that degree necessary to prevent a repetition of the criminal act.

    TIC. A nervous affection of the muscles; a twitching.

    TRANSCENDENTAL. In the Kantian system having an a priori character, transcending experience, presupposed in and necessary to experience.

    TRAUMATA. Wounds.

    TRAUMATISM. A wound; any morbid condition produced by wounds or other external violence.

    VERBIGERATION. The continual utterance of certain words or phrases at short intervals, without reference to their meaning, as seen in insane Gedankenflucht or rapid flight of thought.

    Extract from Youth: Its Education, Regimen, and Hygiene, by G. Stanley Hall

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  • Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem

    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem

    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem 2

    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem 3


    A lot of legal issues are bound to arise as an aftermath of the outbreak of Coronavirus otherwise referred to as COVID-19.  There is therefore a need to shed light on some of the issues that may arise and how to navigate them. This article will x-ray the rights of patients, the rights of health workers and the basic minimum obligations of the government.

    The Code of Medical Ethics in Nigeria 2008 lists acts that constitute professional negligence. Rule 29.4 of the Code outlines some of these acts as follows:-

    a)      Failure to attend promptly to a patient requiring urgent attention when the practitioner was in a position to do so;

    b)     Manifesting incompetence in the assessment of a patient;

    c)      Making an incorrect diagnosis particularly when the clinical features were so glaring that no reasonable skillful practitioner could have failed to notice them; 

    d)     Failure to advise, or proffering wrong advice to  a patient on the risk involved in a particular operation or course of treatment, especially if such an operation or course of treatment is likely to result in serious side effects like deformity or loss of organ, or function;

    e)      Failure to obtain the informed consent of the patient before proceeding on any surgical procedure or course of treatment when such consent was necessary; 

    f)       Making a mistake in treatment e.g. amputation of the wrong limb, carelessness that results in the termination of a pregnancy, prescribing the wrong drug, or dosage in error for a correctly diagnosed ailment, etc;

    g)     Failure to refer, or transfer a patient in good time, when such a referral or transfer was necessary;

    h)     Failure to do anything that ought reasonably to have been done under any circumstance for the good of the patient;

    i)       Failure to see a patient as often as his medical condition warrants or to make appropriate comments in the case notes of the practitioner’s observations and prescribed treatment during such visits. It also includes failure to communicate with the patient or with his relatives as may be necessary with regards to any developments, progress or prognosis in the patient’s condition.

     

    Rule 11.2 of the 2008 Code of Medical Ethics in Nigeria provides that, “A physician shall preserve absolute confidentiality on all he knows about his patient even after the patient has died.”

                 Rule 44 of the Code of Medical Ethics has extensive provisions on Confidentiality and when disclosure of information can be made. The Rule provides in part that:

    “Disclosure of information on the patient by the doctor can only be made following an informed consent of the patient in writing. It is clear that the ethic covers even such information as induced abortion, venereal disease, attempted suicide, concealed birth and drug dependence but would exclude situations in which a discretionary breach of confidentiality is necessary to protect the patient or the community from danger and this must be made clear to the patient at the time of the confidential disclosure. Where statutory notification of disease is involved, the consent of the patient is not required.”            

                Confidentiality: To Disclose Identity Of Covid-19 Patients Or Not To Disclose?

    COVID-19 is an infectious disease caused by a newly discovered coronavirus. Most people infected with the COVID-19 will experience mild to moderate respiratory illness and recover without requiring special treatment.  Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.[1]

    The Federal Ministry of Health confirmed the first case of COVID-19 in Nigeria on the 27th of February 2020. It is the case of an Italian citizen who works in Nigeria and returned from Milan, Italy to Lagos, Nigeria on the 25th of February 2020. In reaction to the report, the social was divided between those who want the name of the Italian disclosed and those that preferred it remains confidential. The outcry was even more when the Chief of Staff to the President tested positive according to reports from various media houses[2], but the Minister of Health decided to keep mute on the identity of the President’s aide who contacted the virus, citing confidentiality.

    It will ordinarily be wrong to disclose the medical status of someone infected with COVID-19, for instancethe case of the Italian who was the index case. However in view of the proviso to Rule 44 of the Code of Medical Ethics 2008 which provides that a discretionary breach of confidentiality is necessary in order to protect the community from danger, I am of the view that the test results of popular figures who hold strategic offices like the Chief of Staff to the President or a Governor must be disclosed to guaranty public safety. This is necessary in view of the countless number of people from all works of life they come in contact with on a daily basis.  It will be correct to have made their status public in the overriding interest of the public, since it will enable those who have come in contact with them isolate, just like we have seen in the cases of the British Prime Minister, the Bauchi State Govenor, Prince Charles, the First Lady of Canada and many more. We must commend those who announced their status in public themselves-it is the best thing to do in the interest of humanity

    The World Health Organization (WHO) provides additional guidelines for the management of coronavirus patients specifically.[3]

    Health workers should:

    •follow established occupational safety and health procedures, avoid exposing others to health and safety risks and participate in employer-provided occupational safety and health training; 

    •use provided protocols to assess, triage and treat patients; 

    •treat patients with respect, compassion and dignity; 

    •maintain patient confidentiality; 

    •swiftly follow established public health reporting procedures of suspect and confirmed cases; 

    •provide or reinforce accurate infection prevention and control and public health information, including to concerned people who have neither symptoms nor risk;

    •put on, use, take off and dispose of personal protective equipment properly;

    •self-monitor for signs of illness and self-isolate or report illness to managers, if it occurs; 

    •advise management if they are experiencing signs of undue stress or mental health challenges that require support interventions; and 

    •report  to  their  immediate  supervisor  any  situation  which  they  have  reasonable  justification  to  believe presents an imminent and serious danger to life or health.

     

    Doctors and health workers in Nigeria must endeavor to digest the guidelines in the Code of Medical Ethics as well as the WHO Guidelines for management of Coronavirus victims and ensure they work strictly by their provisions. A breach of these duties have dire consequences. 

    Options Available To Covid-19 Patients Who Are Victims Of Medical Negligence

    A Coronavirus patient who has suffered medical negligence has a number of options:

    1. He could file a complaint with the regulatory body (e.g. the Medical and Dental Council of Nigeria, in the cases involving a Doctor). The Doctor will in the first instance be investigated by the Medical and Dental Practitioners Investigation Panel, after which he will be tried by the Medical and Dental Practitioners Disciplinary Tribunal. If found culpable,  the Doctor may be warned, suspended from practicing for a period not exceeding 6 months or in very serious cases, have his name can be removed from the Register of Medical Practitioners. The Medical and Dental Practitioners’ Disciplinary Tribunal does not award monetary damages.

    2. A suit can be filed against the Medical Doctor, the Hospital, Agency or Government in the High Court for Medical Negligence and monetary damages will be awarded if the Defendant(s) are found culpable.

          3.  If there is an element of Crime, a report could be made to the Police who would conduct Criminal Investigation and where the investigation reveals gross negligence, recklessness or wanton disregard for life of the victim, the police can prosecute or forward the case file to the office of the Attorney General of the State for possible prosecution in deserving cases.  

    A Need To Do More For Doctors And Other Professionals In The Health Sector

    Health workers are at the front line of any outbreak response and as such are exposed to hazards that put them at risk of infection with an outbreak pathogen (in this case COVID-19). Hazards include pathogen exposure, long working  hours,  psychological  distress,  fatigue,  occupational  burnout,  stigma,  and  physical  and  psychological violence. 

    During the outbreak of Ebola more than 500 health care workers died in Guinea, Liberia and Sierra-Leone alone. We also lost some of our finest doctors and health workers to the disease in Nigeria, the most prominent being Dr. Stella Adadevoh, who is credited with having curbed a wider spread of the Ebola virus in Nigeria by placing the index patient, Patrick Sawyer, in quarantine despite pressures from the Liberian  government. As we speak, The coronavirus is waging a war of attrition against health care workers throughout the world, but nowhere is it winning more battles at the moment than in Italy and in Spain, where protective equipment and tests have been in severely short supply for weeks. In Spain 13.6% (6500) of those affected with the coronavirus are health workers and in Italy 10% (7400) of those affected with the virus are health workers. [4] In New York dozens of health workers have been affected with the virus, while hundreds are in quarantine.[5] According to reports filtering in as the time of concluding this article, three health workers have been infected with COVID-19 in Abuja, Nigeria.[6]

    Human Rights Watch research into health system collapse in Hungary and Venezuela suggests the nations’ mismanaged, underfunded, and understaffed public healthcare system is poorly equipped to handle a COVID-19 outbreak. Patients and medical experts described a lack of basic hygiene protocol, lack of isolation rooms, and a shortage of health professionals, doctors and nurses, and medical supplies in general.

    The situation is not too different in Nigeria at the moment and except something drastic is done we might be witnessing a devastating effect of the pandemic. Nigeria’s, public health capacity has been diminished by large scale public sector corruption. Medical personnel lack surgical masks and local supplies have been diverted and shipped to other markets partly due to corruption. Many states are ill-prepared to combat the impeding surge in patients. A senior health worker with a government hospital in Abuja, in an interview with Sahara Reporters, lamented the lack of quality Personal Protective Equipment for them, adding that government must invest in the protection of health workers at the frontline of the battle against the virus. He said, “The unfortunate thing is that the government is not providing us with what to work with. It is sad that our PPE are not up to the world standard and can be penetrated by viruses. Some of us (health workers) have to use our personal funds to purchase gloves as we do not trust the ones government supplied. Nigerians should please remember us in their prayers and government should provide us with what we really need to work.” [7]

    There was report that in Bauchi State a Coronavirus patient rejected the isolation centre at the Bauchi Specialist Hospital and went back home while describing it as “too dirty”.[8]  

    It is disappointing to hear that the hazard allowance for doctors and health workers is N5,000 per month in Nigeria. The amount is very paltry compared to the risks and the attendant emotional and psychological stress suffered by the health-care workers (HWCs) particularly during monumental outbreaks like this. Unfortunately, when a patient is mismanaged, these doctors and health workers bear the burden of paying huge compensation and sometimes losing their jobs. More importantly, the brain-drain in the health sector is monumental, almost all my friends who are doctors, work abroad. Unfortunately, there are concerted efforts by the US Government to engage foreign Doctors to further fortify its health work force as COVID-19 ravages. Many young Nigerian doctors are already considering the offers because the Nigerian government has paid little attention to their welfare and the welfare of the general health workforce. To stop the exodus of our doctors, who are already in short supply, the government must act fast by improving their welfare packages in line with acceptable international standards.

    The psychological needs of doctors and health workers are also often ignored. Unsafe working conditions contribute to health worker attrition in many countries due to work-related illness and injury and the resulting fear of health workers of occupational infection, including from HIV and Tuberculosis. The 2006 World Health Report – Working Together for Health reported on a severe health workforce crisis in fifty-seven countries, most of them in Africa and Asia. [9]

    Protecting the occupational health of health workers is critical to having an adequate workforce of trained and healthy health personnel. Governments at the Federal and State levels are urged to do more by complying fully with the World Health Organization’s guidelines regarding the Rights of Health Workers while combating COVID-19. Some of the rights are:

    ·         assume overall responsibility to ensure that all necessary preventive and protective measures are taken to minimize occupational safety and health risks;

    ·         provide information, instruction and training on occupational safety and health, including; Refresher training on infection prevention and control(IPC); and Use, putting on, taking off and disposal of personal protective equipment(PPE);

    ·         provide adequate IPC and PPE supplies (masks, gloves, goggles, gowns, hand sanitizer, soap and water, cleaning supplies) in sufficient quantity to healthcare or other staff caring for suspected or confirmed COVID-19 patients, such that workers do not incur expenses for occupational safety and health requirements;

    ·         not be required to return to a work situation where there is continuing orserious danger to life or health, until the employer has taken any necessary remedial action;

    ·         allow workers to exercise the right to remove themselves from a work situation that they have reasonable justification to believe presents an imminent and serious danger to their life or health. When a health worker exercises this right, they shall be protected from any undue consequences; 

    ·         honour the right to compensation, rehabilitation and curative services if infected with COVID-19 following exposure in the workplace. This would be considered occupational exposure and resulting illness would be considered an occupational disease,

    ·         provide access to mental health and counselling resources; and 

    ·         enable co-operation between management and workers and/or their representatives. Etc.

    In conclusion, professional care givers for COVID-19 patients should uphold four basic principles formulated by Beauchamp and Childress in their book ‘Principles of Biomedical Ethics’ in order to protect themselves from liability for negligence. The four basic principles are autonomy, beneficence, non-maleficence and justice.

    Autonomy: People have the right to control what happens to their bodies. This principle simply means that an informed, competent adult patient can refuse or accept treatments, drugs, and surgeries according to their wishes. People have the right to control what happens to their bodies because they are free and rational. And these decisions must be respected by everyone, even if those decisions aren’t in the best interest of the patient.

    Beneficence: All healthcare providers must strive to improve their patient’s health, to do the most good for the patient in every situation. But what is good for one patient may not be good for another, so each situation should be considered individually. And other values that might conflict with beneficence may need to be considered.

    Non-maleficence: “First, do no harm” is the bedrock of medical ethics. In every situation, healthcare providers should avoid causing harm to their patients. You should also be aware of the doctrine of double effect, where a treatment intended for good unintentionally causes harm. This doctrine helps you make difficult decisions about whether actions with double effects can be undertaken.

    Justice: The fourth principle demands that you should try to be as fair as possible when offering treatments to patients and allocating scarce medical resources. You should be able to justify your actions in every situation. For instance, it will amount to a professional misconduct for a Health-care Worker to remove a poor man from the ventilator because a Senator was rushed in. 

    Ahmed Adetola-Kazeem is a partner in Adetola-Kazeem Legal Practice and specializes in Medical and Health Law

    Email: aadetolakazeem@gmail.com;aadetolakazeem@gaklp.com

    [1] https://www.who.int/health-topics/coronavirus#tab=tab_1(Accessed on the 28th of March 2020)

    [2] https://businessday.ng/coronavirus/article/abba-kyari-tests-positive-for-coronavirus-buhari-negative/

    https://www.channelstv.com/2020/03/24/buharis-chief-of-staff-abba-kyari-reportedly-tests-positive-for-coronavirus/ (Accessed on the 28th of March 2020)

    [3] Coronavirus Disease (Covid-19) Outbreak: Rights, Roles and Responsibilities Of Health workers, Including Key Considerations For Occupational Safety And Health”. https://www.who.int/docs/default-source/coronaviruse/who-rights-roles-respon-hw-covid-19.pdf?sfvrsn=bcabd401_0   (Accessed on the 26th of March 2020)

    [4] https://abcnews.go.com/Health/wireStory/collapsing-virus-pummels-medics-spain-italy-69789413 (Accessed on 26th March 2020)

    [5] https://www.washingtonpost.com/health/covid-19-hits-doctors-nurses-emts-threatening-health-system/2020/03/17/f21147e8-67aa-11ea-b313-df458622c2cc_story.html (Accessed on 28th of March 2020)

    [6] http://saharareporters.com/2020/03/28/exclusive-two-nurses-one-doctor-infected-coronavirus-abuja-hospital

    [7] Supra

    [8] https://www.dailytrust.com.ng/coronavirus-patient-rejects-bauchi-isolation-centre-returns-home.html (Accessed on 28th March 2020)

    [9] https://www.who.int/occupational_health/topics/hcworkers/en/(Accessed on 26th March 2020)

     

    Opinion

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    Ahmed Adetola-Kazeem

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    Legal Issues Arising From Management Of Covid-19 Patients By Ahmed Adetola-Kazeem
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    http://saharareporters.com/2020/04/01/legal-issues-arising-management-covid-19-patients-ahmed-adetola-kazeem

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  • OHCHR, IOM, UNHCR and WHO joint press release: the rights and health of refugees, migrants and stateless must be protected in COVID-19 response

    In the face of the COVID-19 crisis, we are all vulnerable. The virus has shown that it does not discriminate – but many refugees, those forcibly displaced, the stateless and migrants are at heightened risk. 

    Three-quarters of the world’s refugees and many migrants are hosted in developing regions where health systems are already overwhelmed and under-capacitated.  Many live in overcrowded camps, settlements, makeshift shelters or reception centers, where they lack adequate access to health services, clean water and sanitation. 

    The situation for refugees and migrants held in formal and informal places of detention, in cramped and unsanitary conditions, is particularly worrying. Considering the lethal consequences a COVID-19 outbreak would have, they should be released without delay. Migrant children and their families and those detained without a sufficient legal basis should be immediately released.

    This disease can be controlled only if there is an inclusive approach which protects every individual’s rights to life and health.  Migrants and refugees are disproportionately vulnerable to exclusion, stigma and discrimination, particulary when undocumented.  To avert a catastrophe, governments must do all they can to protect the rights and the health of everyone. Protecting the rights and the health of all people will in fact help control the spread of the virus.

    It is vital that everyone, including all migrants and refugees, are ensured equal access to health services and are effectively included in national responses to COVID-19, including prevention, testing and treatment. Inclusion will help not only to protect the rights of refugees and migrants, but will also serve to protect public health and stem the global spread of COVID-19.  While many nations protect and host refugee and migrant populations, they are often not equipped to respond to crises such as Covid-19. To ensure refugees and migrants have adequate access to national health services, States may need additional financial support. This is where the world’s financial institutions can play a leading role in making funds available. 

    While countries are closing their borders and limiting cross-border movements, there are ways to manage border restrictions in a manner which respects international human rights and refugee protection standards, including the principle of non-refoulement, through quarantine and health checks. 

    More than ever, as COVID-19 poses a global threat to our collective humanity, our primary focus should be on the preservation of life, regardless of status.  This crisis demands a coherent, effective international approach that leaves no-one behind.  At this crucial moment we all need to rally around a common objective, fighting this deadly virus. Many refugees, displaced, stateless people and migrants have skills and resources that can also be part of the solution.

    We cannot allow fear or intolerance to undermine rights or compromise the effectiveness of responses to the global pandemic. We are all in this together. We can only defeat this virus when each and every one of us is protected. 

    Read More
    https://www.who.int/news-room/detail/31-03-2020-ohchr-iom-unhcr-and-who-joint-press-release-the-rights-and-health-of-refugees-migrants-and-stateless-must-be-protected-in-covid-19-response

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  • Attach or Detach

    Here?s the problem – most people do the first step but fail to do the second one. What is attachment? It?s when we own a belief, opinion, judgment, attitude or principle ? whether right or wrong or good or bad. This ownership drives all of our emotions, decisions, actions and behavior. We attach to expectations, frustration, being right, judging others, our stressors and disappointments. We attach to our pain, guilt, obligations, goals, needs, problems, failures, achievements and successes. Again none of these are good or bad ? right or wrong but we attach to them nonetheless…

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    http://www.associationofmarketing.org/articles/view.php?article_id=7266

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  • Just stay at home, pleads PM (Updated)

    Just stay at home, pleads PM (Updated)

    Just stay at home, pleads PM (Updated) 4

    PETALING JAYA: Please, stay at home and protect yourself and your family.

    This was the ultimate message by Prime Minister Tan Sri Muhyiddin Yassin to all Malaysians in his special address tonight as the country enters its second day of the 14 days restriction of movement order (RMO).

    Muhyiddin explained that the goal of the movement restrictions was to minimise exposure to the Covid-19 virus, after many among the public disregarded the order to travel to their hometowns, while others were spotted in public areas.

    “The reason of the RMO is so that all of you need not travel. You don’t have to crowd the trains and buses or eateries, and your children are not required to go to school, which could expose them (to the virus).

    “I plead to you, please, stay put where you are. I plead, just for this two weeks … stay at home quietly,” he said.

    Muhyiddin said it was pertinent that Malaysians adhere to the RMO to break the chain of infection and ultimately reduce the number of those infected with the novel coronavirus.

    He reminded the public that the virus could be transmitted from person to person through touch, and that if they continue to travel around, the chances of them contracting Covid-19 was higher.

    He added that the reason the RMO was set to two weeks was because the Covid-19 has an incubation period of 14 days.

    “The government is hoping that after this period, those still with symptoms can be identified and separated for treatment, and finally make Malaysia free of Covid-19.

    “If during this period we are not successful, the government may be forced to extend the restriction order,” he said.

    Muhyiddin said while the concept of staying home and avoiding public places looked simple in principle, this was particularly important if the country wishes to contain the virus.

    He also urged those who need to move around to purchase essential daily items to practise good hygiene and avoid any physical contact with others.

    “As a prime minister, I have a huge responsibility to handle the crisis. But I can’t possibly do it alone. I need all of your help. God willing, we can overcome this crisis together,” he said.

    To date, 790 people have been infected by the Covid-19, with 117 new cases recorded today. Two Malaysians died to the virus on Tuesday.

    Just stay at home, pleads PM (Updated)
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  • MLM As a Business Tool

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    Multi-level marketing or MLM for short is one of the fastest -rising star in business. It is easy to set up, fast to do and not very difficult to manage as long as you manage a tight ship and create a structure without the holes. These reasons, however, are also the ones that made multi-level marketing as a business tool notorious. People who are out to rob other people of their hard-earned money, used the business structure to create scams. I am sure you have heard of the pyramid scams. The models they used are similar to multi-level marketing except that they are not legitimate business with no legitimate products.

    As a business tool, MLM is ingenious. Instead of creating stores and distributing through the usual channels, MLM makes use of ordinary people and their wide range of contacts. It actually takes advantage of the fact that communication now is so much better than before. This means that people you have not even seen in decades can easily be contacted. And the more contacts you have, the better for multi-level marketing because in essence, you will be using their contacts too.

    To make you understand MLM much better, here is how it goes. A company with products recruits distributors that will help them sell their products to people. Usually what big companies do is look for big companies who can put their products in the market. The same concept is applied to multi-level marketing except that people act as distributors and not companies. It’s the marriage of distributorship and the legendary Avon way of selling, direct to consumers. This actually gets the best of both worlds.

    With this business tool, multi-level marketing companies recruits people who can directly distribute their products to consumers. These people however do not just sell the products, they can also recruit people who can help them sell their products. Thus, increasing their total sales. When a lot of people are already part of one person, this is already considered as a group and group sales are often rewarded with commissions. In fact, the more people you have, the bigger sales you will naturally have. This is the principle of multilevel marketing.

    The beauty of this business tool is the fact that products are sold directly to people and yet you have people under you to help you do it. To earn a commission, you don’t need to actually sell the products yourself. You can recruit people to do it for you and then have them do the work. This is ideal for people who have a lot of contacts and network that they can use. Some people do not even have to meet in person to strike a business deal. This is especially true if the MLM company has offices in different states and countries.

    One word of caution though when thinking of joining a company that engages in multi-level marketing is to see if they have legitimate products that they can actually sell. You should also see if the company is also a legitimate one. This means it needs to have some manufacturing plant and a main office and business structure to qualify as legitimate. This separates companies that uses it as a business tool and companies that are out to just scam people. Knowing the difference can make save you a lot of effort and of course hard-earned money.

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    Source by Terez Dunn

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  • Holistic Healthcare versus Traditional Western Medicine

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    The Western medicine community recently asked the question: Will Alternative Healthcare, a.k.a. Holistic, Metaphysical, Energy or Mind, Body, Spirit healing and Western Medicine (WM) merge? This question implies there is reason to wonder and/or we need to consider the benefits a merger might create. The consideration of merging Holistic, Metaphysical, Energy or Mind, Body, Spirit healing and Western Medicine is analogues to comparing apples to oranges. The only comparison between apples and oranges is that they are both fruit–but the comparison ends there. Holistic, Metaphysical, Energy or Mind, Body, Spirit Healing and Western Medicine is diametrically polar opposites with nothing in common, except the subject (you). I will explain.

    In order to understand the ideology of Western Medicine, you need to examine the language used by doctors and researchers. Their choice of words reveals their belief systems and the models they use to understand the way they think healing works. When observing the state of Western Medicine and the unprecedented influence of pharmaceuticals and over-the-counter (OTC) drugs, an interesting paradox arises. The drug companies claim that pharmaceuticals and OTC can do wonders for people: lower cholesterol, end clinical depression, reverse osteoporosis, eliminate allergies, cure cancer, cure MS, calm children and many other similar promises.

    If prescription or OTC drugs are so good for people, where are all the healthy medicated customers? The truth is, there aren’t, any. There’s nobody taking twelve prescriptions or OTC drugs with a clean bill of health. In fact, the more prescriptions a person takes, the worse their overall health. And if you approach the healthiest people you can find and ask what prescription drugs or OTC drugs they’re taking in order to be so healthy, they’ll give you a confused look: Healthy people don’t take prescription or OTC drugs!

    This sort of language is not uncommon from researchers in Western Medicine. They perceive the human body as a battleground on which wars are waged against invaders (viruses, bacterial infections and tumors). Beginning with the Victorian era, Western society has become addicted to quick fixes and results with no effort. Western Medicine has in some instances provided this result. When Western Medicine doesn’t produce a ‘quick fix’ result the answer is: “Sorry, it couldn’t be helped–the surgery was a success, the patient died.” It is interesting to note the AMA reports a dismal success rate–approximately 250,000 people die each year due to misdiagnosis and/or the treatment does little or nothing to improve the person’s health. In other words these people didn’t die due to an illness they died due to the wrong treatment.

    Western Medicine’s theory and doctrines fail to recognize that diseases are not separate from the person. In fact every disease can be more accurately called an expression of the patient’s lifestyle, beliefs, and energies. Cancer is not a tumor, for example: it is a systemic disorder that can only truly be cured by helping to support the body, not by attacking it with chemical bombs or knives. The tumor is merely one physical expression of the systemic disorder, and simply removing the tumor does nothing to cure the disease. The body is designed to heal itself–given it has the proper care–nutrition, herbal supplements, spiritual and emotional well-being.

    The body is designed to heal itself provided it has the proper support to do its job. Traditional Chinese medicine (TCM) is based on a concept of balanced qi (pronounced “chee”), or vital energy, that is believed to flow throughout the body. Qi is proposed to regulate a person’s spiritual, emotional, mental, and physical balance and to be influenced by the opposing forces of yin (negative energy) and yang (positive energy). Disease is proposed to result from the flow of qi being disrupted and yin and yang becoming imbalanced. Among the components of TCM are herbal and nutritional therapy, restorative physical exercises, meditation, acupuncture, and remedial massage.

    Holistic, Metaphysical, Energy or Mind, Body, Spirit healing has existed since the beginning of time amid religious beliefs and practices, along with the mystery, superstition, fear, and misunderstanding. Holistic Healing is now becoming recognized regardless of what anyone chooses to believe or think. Ask almost anyone about their spiritual well-being and they will probably tell you, “Yeah, I am a spiritual person, I go to church frequently.” Therein, the confusion arises out of the association of healing with religion. The majority of people, including religious leaders, do not understand the difference.

    Definition: “HEAL” 1. To restore to health or soundness, 2. To set right, repair, 3. To restore a person to spiritual wholeness, 4. To become whole and sound, to return to health.

    Definition: “SPIRIT” 1. The vital principle or animating force within living beings, Incorporeal consciousness. There are about twelve more elaborations mostly to do with various religious implications.

    Definition: “RELIGION” 1. Belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe, 2. A set of beliefs, values and practices based on the teachings of a religious doctrine.

    Thus, based on Western Medicine’s common interpretations of how things ‘ARE’, many paradoxes are created. The resultant effect is confusion and un-wellness. The Truth, as Carl Jung and others have carefully worded in their writing, is this: Every Thing in the universe is Energy and Consciousness. How anyone thinks or feels about that Fact cannot change it. The purpose of All religions is the recognition that humans have a part of themselves that is not physical and there is a need to explore and experience this aspect of themselves. Part of the intent is to discover one’s purpose and to live in the best way possible. Another part of that goal also includes the attainment of Truth and Spiritual Wellness. However, the result of religious teachings with regard to our Spiritual health has been an abysmal failure. If the most important aspect of our being is our Spiritual self, and it has been neglected, it is a miracle we have existed this long.

    Many churches are in a state of extreme confusion in an attempt to avoid accepting the “Truth.” The greatest struggle is how to incorporate all the now known knowledge and assimilate it into the religious dogma and theology. The problem is the impossibility of reconciling the obvious flaws in most theology and doctrine. The obvious shortcomings and how political and nationalistic and other special interests and agendas have resulted in a history filled with disappointment, tragedy, confusion and religious wars.

    In many cultures it has always been thought and/or known that we are spiritual beings, the biggest exception is in western industrialized cultures that we believe we are people who happen to have a soul. Eastern philosophy believes we are a soul first, housed in this thing called a ‘body.’ The most beautiful and simple interpretation of how everything ‘IS’ can be found in the Native American tradition. “Everything in the universe is Spirit, each thing in it is of the same Spirit and it is all Connected.” This is exactly what we are beginning to understand in science and quantum physics, that everything in the universe is made of the same thing and has a consciousness about it. The two things that frustrate scientists the most is the fact that all these

    things operate across time, space and dimensions they do not yet understand, and the ability of things to operate on inter-dimensional and multi-dimensional levels. A high degree of new understanding about the science and physics of what spiritual really means is now mostly coming from independent researchers. High-tech and aerospace research physicists and scientists, all seem to have a more concise and accurate understanding of Spirit and the Spiritual than those from a theological background.

    The Reality and The Truth of Spirit–In plain language, there is only One God or Universal Energy that Is Everything. There is only One Consciousness. We are only one individuated expression of The One. All the dogma, theology and religious beliefs anyone chooses to pile on this truth is commonly referred to as Bunk. It is the lack of true knowledge and the application of these distortions, which have been the source of all emotional, physical and spiritual problems. Spirit is alive, it is something that is lived and experienced, the surest way to destroy or suppress it is to organize it and institutionalize it.

    Spiritual Experiences teach us: Everything we think or feel affects oneself and others. We need to realize every feeling–anger, fear, hate, sadness, judgment–are mind generated emotions and need to be modified or eliminated. Left to fester–anger, fear, hate, sadness, judgment, creates physical reactions. For every physical reaction, a.k.a. symptoms–i.e. colds, cancer, MS, and everything from A to Z, there is a direct link to mind generated emotions. When these mind generated emotions are eliminated and the wounds created from long term and dysfunctional expressions are healed, the physical manifestation labeled as illness by Western Medicine is eliminated.

    The bottom line is Health and Well-Being is affected by two factions–Doctors and Ministers. Doctors are trained as mechanics who work on the physical mechanism. They are in the Business of “Treatment.” They are Not Trained in the “Art of Healing”. Most doctors do not even understand the most rudimentary concepts of Healing. Most do not realize how they can produce damage and even induce death sentences on their patients.

    There is little difference in the effects produced by an intentional damaging curse or a prayer prayed improperly, bad advice or simply some random negative thought. Ministers are trained in traditional theosophical dogmatic perceptions specific to the cultural religious views they ascribe to. Most people have little concept about True Spirituality or how the universe really operates. As a consequence they convey misinformation, half-truths, superstitions and fears along with a multitude of associated damaging information into a person’s consciousness. The result of which is Confusion and Paradox–which leads to distress, disease and un-wellness.

    Both the good in our lives and the dis-eases we have are the results of our experiences, conditioning and beliefs. It is the experiences, conditioning and beliefs that are counter to our true nature that causes the damage. No matter how dire a client’s predicament seems to be, I Know if they are ‘Willing’ to do the emotional and spiritual work of releasing old habits, beliefs and forgiving, everything can be healed. The word ‘incurable’ used by Western Medicine really only means that the person can not be ‘cured’ by ‘outer’ methods and that they must Go Within to effect their healing. The condition was created as a way to cope–it came from within and can be healed from within. Reference: Heal Your Body, Louise L. Hay

    Since Holistic/Metaphysical Healthcare focuses on supporting the Mind, Body, Spirit to heal itself as it is designed to do and Western Medicine perceives the human body as a battleground on which wars are waged with chemical bombs and scalpels against invaders, how can these divergent ideologies be merged?

    The answer: They can’t be–i.e. water and vinegar doesn’t mix–it is metaphysically impossible. Likewise, it is metaphysically impossible to merge Holistic, Metaphysical, Energy or Mind, Body, Spirit healing and Western Medicine. Anyone who would consider such a merger does not understand the laws of Holistic, Metaphysical, Energy or Mind, Body, Spirit healing.

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    Source by Dorothy M. Neddermeyer, PhD

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