Contract Law Case Study

Contract Law Case Study PART I LINUS WISHES TO SUE CHARLIE On what contractual grounds could he sue? Linus could sue Charlie on the grounds of the mailbox rule/postal rule, since a contract was created on June 15, 2009 when Linus wrote back to Charlie accepting the offer, not when it was received. Once the mode of communication is the mail, an acceptance becomes valid when it is dispatched or placed in the control of the US Postal service, not when it is received by the offeror. Will Linus prevail? Yes, Linus will prevail even though the agreement was not communicated to the offeror, it does not prevent the contract from being created. What if any defenses, contractual arguments or counterclaims would Charlie have? Charlies defense for a counterclaim should include the fact that while Linus accepted the offer in a timely fashion, the acceptance did not correspond with the offer, when Linus requested to change the original offer that changed the terms of the agreement and an offer in one set of terms can hardly be accepted by a communication in different terms. Will Charlie prevail? Yes, and to reiterate that an acceptance of a contract means that nothing should be added to the offer, even if it is consistent or similar to the offer. The offeree must accept unequivocally without changing the original offer. CHARLIE WISHES TO SUE THE VET On what contractual grounds could he sue? Charlie could sue on the grounds that while there was an exculpatory clause on the receipt releasing Vet Emporium from liability in connection with the treatment of Snoopy and Woodstock, that did not waive the veterinarians standard of care owed to the patients. This unconscionable clause is voidable for reasons of public policy, because a party may not exempt themselves from liability from a duty imposed on them by a statute for their negligence in the performance of a duty imposed upon them by law. Charlie could recover for intentional infliction of emotional distress for harm to Woodstock. Will he prevail? Yes, the veterinarians conduct was unprofessional, when he endangered the health and welfare of Woodstock due to unreasonable safety. What if any defenses, contractual arguments or counterclaims would the Vet have? The veterinarian may assert that the exculpatory agreement which was part of the receipt waived Charlies right to sue for injuries on the grounds that the extended boarding services provided was not a primary function of the veterinarians practice and when Charlie used these services, he did so voluntarily. Will he prevail? Probably not, while waivers are customarily part of a boarding agreement, they are unenforceable in many jurisdictions. SALLY WISHES TO SUE THE VET On what contractual grounds could she sue? She could sue on the grounds of breach of a unilateral contract. Once an offer has been made such as when Vet Emporium posted the advertisement all over the area of a reward for the return of Woodstock, acceptance of that contract was satisfied when Woodstock was found by Sally. Once Sally performed the condition, the offeror was contractually obliged to pay her. Will she prevail? Possibly, there might be an issue with the way in which she returned Woodstock. She probably should have taken him to Vet Emporium to collect the reward. What if any defenses or contractual arguments would the Vet have? Vet Emporium could argue that Sally was not obligated to the reward since she did not return Woodstock to their office. Will they prevail? Yes, this was condition precedent contract that stipulated that Woodstock had to be returned to Vet Emporium in order to collect the $50.00 reward. THE VET WISHES TO SUE CHARLIE On what contractual grounds could he sue? He could sue for failure of payment for services rendered to Snoopy. Will he prevail? Yes, payment is still due for caring of Snoopy. What if any defenses or contractual arguments would Charlie have? In defense, Charlie could state that because of the veterinarians negligence Snoopy suffered emotional loneliness when Woodstock flew away, he should be awarded damages. Will he prevail? Yes. Compensatory damages can be awarded for the breach of contract. SALLY WISHES TO SUE CHARLIE On what contractual grounds could she sue? Sally could sue Charlie for refusing to pay as agreed, for caring for Woodstock. Will she prevail? Yes, Charlie expressed orally that he would reimburse Sally $100.00 for finding and caring of Woodstock. What if any defenses or contractual arguments would Charlie have? None, Sally expected payment for service and Charlie should have known that payment was expected. Will he prevail? No, Charlie could have picked up Woodstock without offering to reimburse Sally. He committed himself to the payment. LUCY WISHES TO SUE LINUS On what contractual grounds could she sue? Lucy can sue Linus for compensatory damages for the loss of bargain of the work that he was to perform. Will she prevail? Yes, she can sue Linus for breach to recover the additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. What if any defenses or contractual arguments would Linus have? Linus could argue that the breach was unintentional and was based upon the reliance of a contract with another party. Will he prevail? No. Regardless of the circumstances, he still breached his contract with Lucy. PART II SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder could sue on the grounds that he was not advised to obtain his own independent counsel to have the document reviewed before signing the prenuptial agreement. He could sue that the agreement was unconscionable when it was executed and, he was not provided a fair and reasonable disclosure of the property or financial obligations of the other party and he did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. Will he prevail? The resulted outcome can go either way, prenuptial agreements are routinely upheld and enforced by courts in virtually all states, even if only one party had an attorney (In re Marriage of Bonds 2000); however, there are circumstances in which courts have refused to enforce certain portions and provisions of such agreements(Estate of Lutz 1997). What if any defenses, contractual arguments or counterclaims would Lucy have? Lucys defense would be that while her actions were not laudatory they did not negate the voluntary nature of the execution. A unilateral promise such as to buy Schroeder a new piano if he will marry must be in writing. Such statements were not included in her prenuptial agreement. Lucy could also argue that it is Schroeders responsibility to delay the signing of an agreement that may not be understood. Will Lucy prevail? Yes, she acted appropriately and retained counsel on her behalf. LUCY V LAWYER On what contractual grounds could she sue? She could sue the attorney for negligent misconduct, malpractice and misrepresentation by concealment of not informing her of his status to practice law. The attorney violated state statues which prohibits the unauthorized practice of law and suspension for failure to pay bar fees. Will she prevail? Yes, many states have statues that suspend attorneys from practicing law for failure to pay their bar fees. Failure to pay the annual license fee will automatically suspend the delinquent lawyer from the practicing law in that state. What if any defenses, contractual arguments or counterclaims would the Lawyer have? None, he violated a state statue, and committed a fraud by practicing law knowing that his license may be suspended for not paying his bar dues. He shouldnt have any defenses available because he engaged in fraudulent misrepresentation that was detrimental to public policy. Will he prevail in his defenses or his counterclaims? No. Technically, all the work that he might have done while not in the possession of a valid license might be voided. PIGPEN V MARCIE On what contractual grounds could he sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? None, Marcie placed a condition upon which the sale would go forward if the sale of her existing home met the conditions outlined. Will she prevail? No. Since Marcie was unable to secure a buyer for her home, the offer to buy Lucys home is voided on the grounds that the condition preceded her absolute duty to buy. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie could use the defense that she placed the condition precedent in her contract that she would buy Lucys home upon the sale of her own home for $300,000 or more within 30 days. Will she prevail in her defenses or her counterclaims? Yes, if no one pays the price she has established within the period indicated, the agreement to buy Lucys home will fail because the condition precedent was not met. MOMS V SCHROEDER On what contractual grounds could they sue Schroeder? The moms can sue on the grounds of personal performance because they did not consent to the change. The moms can claim that delegation was not effective because the students complained about Peppermint Pattys ability and that materially altered their expectations. On what contractual grounds could they sue Peppermint Patty? They could sue Peppermint Patty for breach of her duty. Special trust was placed on her performance based on the personal skills of Schroeder. Will they prevail? Yes. Contractual duties cannot be delegated. The performance by Peppermint Patty varied materially from what was expected. Also, a delegation of duties does not relieve Schroeder of his obligations under the contract. What if any defenses or contractual arguments would Schroeder have? None, once Peppermint Patty failed to perform then Schroeder is liable to the moms. Will he prevail? No, the assumption of duty by Peppermint Patty varied materially from what was expected. Could he sue Peppermint Patty? Schroeder can sue Peppermint Patty for breach of contract and performance of duty. PEPPERMINT PATTY V SCHROEDER On what contractual grounds could she sue Schroeder? Peppermint Patty could sue Schroeder for payment of services rendered. Regardless of the fact, that the duties were not performed to the satisfaction of the moms, she still completed her obligation. Will she prevail? Possibly, personal satisfaction of the party must be fulfilled in order for a court to rule, unless the expression of dissatisfaction is to avoid payment. What if any defenses or contractual arguments would Schroeder have? Schroeder could argue that Peppermint Patty did not perform to the satisfaction of the moms and therefore performance was not satisfied and the condition was not fulfilled. Will he prevail? Yes, the breach was material since the performance was not at least substantial. Could he sue Peppermint Patty? Yes, he could sue Peppermint Patty for breach of contract of nonperformance of a contractual duty. PART III Once the offer was accepted by Linus from Charlie using the mailbox rule, the contract was valid and became effective upon acceptance. Linus is entitled to the $500 originally offered by Charlie. Vet Emporiums is already bound by contract to perform a certain duty and should not be compensated for their negligence of duty, but should remedy Charlie for the loss and harm they caused Woodstock. It would not be prudent for Vet Emporium to compensate Sally for the return of Woodstock because the advertisement posted contained conditional precedent for the return to their office. Sally is entitled to the payment of $100 from Charlie since he orally expressed his intentions to reimburse Sally for finding and caring of Woodstock. Lucy should recover an additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. Schroeder signed the prenuptial agreement voluntarily and the promises made by Lucy were not stipulated in the agreement so ther e are no grounds for compensation. Lucy should pay the attorney because of his negligence, malpractice and misrepresentation to practice law. Lucys attorney should be suspended for failure to pay his bar dues and the courts in the state where he practices should review all his cases. Pigpen should received compensation of his earnest money funds from Marcie and the contract should be voided for breach by Marcie. Lucys contract with Marcie is void because of the conditional precedent that Marcie placed upon the offer. Without the sale of her home, there is no valid contract with Lucy. The moms had a right from Schroeder to perform his contractual duty and should be compensated nominally for damages suffered. Peppermint Patty performed her obligations under this contract and Schroeder should pay for those services rendered, regardless of the satisfaction of the customers. That satisfaction is the responsibility of Schroder since he was the obligor. References: Clarkson, Miller, Jentz, and Frank B Cross (2009). Business Law, Text and Cases, 11th Ed., South-Western Lexis-Nexis Legal Research

Packet-Hiding Method for Preventing Selective Jamming Attack

Packet-Hiding Method for Preventing Selective Jamming Attack Abstract The open nature of the wireless medium leaves it vulnerable to intentional interference attacks, typically referred to as jamming. This intentional interference with wireless transmissions can be used as a launchpad for mounting Denial-of-Service attacks on wireless networks. Typically, jamming has been addressed under an external threat model. However, adversaries with internal knowledge of protocol specifications and network secrets can launch low-effort jamming attacks that are difficult to detect and counter. In this work, we address the problem of selective jamming attacks in wireless networks. In these attacks, the adversary is active only for a short period of time, selectively targeting messages of high importance. We illustrate the advantages of selective jamming in terms of network performance degradation and adversary effort by presenting two case studies; a selective attack on TCP and one on routing.We show that selective jamming attacks can be launched by performing real -time packet classification at the physical layer. To mitigate these attacks, we develop three schemes that prevent real-time packet classification by combining cryptographic primitives with physical-layer attributes. We analyze the security of our methods and evaluate their computational and communication overhead. Algorithm 1. Symmetric encryption algorithm 2. Brute force attacks against block encryption algorithms Algorithm Description We propose a solution based on All-Or- Nothing Transformations (AONT) that introduces a modest communication and computation overhead. Such transformations were originally proposed by Rivest to slow down brute force attacks against block encryption algorithms . An AONT serves as a publicly known and completely invertible pre-processing step to a plaintext before it is passed to an ordinary block encryption algorithm. Architecture Existing System Jamming attacks are much harder to counter and more security problems. They have been shown to actualize severe Denial-of-Service (DoS) attacks against wireless networks. In the simplest form of jamming, the adversary interferes with the reception of messages by transmitting a continuous jamming signal , or several short jamming pulses jamming attacks have been considered under an external threat model, in which the jammer is not part of the network. Under this model, jamming strategies include the continuous or random transmission of highpower interference signals Proposed System In this paper, we address the problem of jamming under an internal threat model. We consider a sophisticated adversary who is aware of network secrets and the implementation details of network protocols at any layer in the network stack. The adversary exploits his internal knowledge for launching selective jamming attacks in which specific messages of high importance are targeted. For example, a jammer can target route-request/route-reply messages at the routing layer to prevent route discovery, or target TCP acknowledgments in a TCP session to severely degrade the throughput of an end-to-end flow To launch selective jamming attacks, the adversary must be capable of implementing a classify-then-jam strategy before the completion of a wireless transmission. Such strategy can be actualized either by classifying transmitted packets using protocol semantics, or by decoding packets on the fly. In the latter method, the jammer may decode the first few bits of a packet for recovering useful packet identifiers such as packet type, source and destination address. After classification, the adversary must induce a sufficient number of bit errors so that the packet cannot be recovered at the receiver [34]. Selective jamming requires an intimate knowledge of the physical (PHY) layer, as well as of the specifics of upper layers Modules:- 1. Network module 2. Real Time Packet Classification 3. Selective Jamming Module 4. Strong Hiding Commitment Scheme (SHCS) 5. Cryptographic Puzzle Hiding Scheme (CPHS) Module Descriptions Network module- We address the problem of preventing the jamming node from classifying m in real time, thus mitigating Js ability to perform selective jamming. The network consists of a collection of nodes connected via wireless links. Nodes may communicate directly if they are within communication range, or indirectly via multiple hops. Nodes communicate both in unicast mode and broadcast mode. Communications can be either unencrypted or encrypted. For encrypted broadcast communications, symmetric keys are shared among all intended receivers. These keys are established using preshared pairwise keys or asymmetric cryptography. Real Time Packet Classification Consider the generic communication system depicted in Fig. At the PHY layer, a packet m is encoded, interleaved, and modulated before it is transmitted over the wireless channel. At the receiver, the signal is demodulated, deinterleaved, and decoded, to recover the original packet m. Moreover, even if the encryption key of a hiding scheme were to remain secret, the static portions of a transmitted packet could potentially lead to packet classification. This is because for computationally-efficient encryption methods such as block encryption, the encryption of a prefix plaintext with the same key yields a static ciphertext prefix. Hence, an adversary who is aware of the underlying protocol specifics (structure of the frame) can use the static ciphertext portions of a transmitted packet to classify it. 3. Selective Jamming Module We illustrate the impact of selective jamming attacks on the network performance. implement selective jamming attacks in two multi-hop wireless network scenarios. In the first scenario, the attacker targeted a TCP connection established over a multi-hop wireless route. In the second scenario, the jammer targeted network-layer control messages transmitted during the route establishment process selective jamming would be the encryption of transmitted packets (including headers) with a static key. However, for broadcast communications, this static decryption key must be known to all intended receivers and hence, is susceptible to compromise. An adversary in possession of the decryption key can start decrypting as early as the reception of the first ciphertext block. 4. Strong Hiding Commitment Scheme (SHCS) We propose a strong hiding commitment scheme (SHCS), which is based on symmetric cryptography. Our main motivation is to satisfy the strong hiding property while keeping the computation and communication overhead to a minimum. The computation overhead of SHCS is one symmetric encryption at the sender and one symmetric decryption at the receiver. Because the header information is permuted as a trailer and encrypted, all receivers in the vicinity of a sender must receive the entire packet and decrypt it, before the packet type and destination can be determined. However, in wireless protocols such as 802.11, the complete packet is received at the MAC layer before it is decided if the packet must be discarded or be further processed . If some parts of the MAC header are deemed not to be useful information to the jammer, they can remain unencrypted in the header of the packet, thus avoiding the decryption operation at the receiver. 5. Cryptographic Puzzle Hiding Scheme (CPHS) we present a packet hiding scheme based on cryptographic puzzles. The main idea behind such puzzles is to force the recipient of a puzzle execute a pre-defined set of computations before he is able to extract a secret of interest. The time required for obtaining the solution of a puzzle depends on its hardness and the computational ability of the solver. The advantage of the puzzlebased scheme is that its security does not rely on the PHY layer parameters. However, it has higher computation and communication overhead We consider several puzzle schemes as the basis for CPHS. For each scheme, we analyze the implementation details which impact security and performance. Cryptographic puzzles are primitives originally suggested by Merkle as a method for establishing a secret over an insecure channel. They find a wide range of applications from preventing DoS attacks to providing broadcast authentication and key escrow schemes System Requirements: Hardware Requirements: System: Pentium IV 2.4 GHz. Hard Disk: 40 GB. Floppy Drive: 1.44 Mb. Monitor: 15 VGA Colour. Mouse: Logitech. Ram: 256 Mb. Software Requirements: Operating system :- Windows XP Professional Front End :- JAVA, Swing(JFC),RMI Tool :Eclipse 3.3

Congress Tests Bush :: essays research papers

Los Angeles Times, November 6, 2001, â€Å"Congress Testing Bush’s Resolve†   Ã‚  Ã‚  Ã‚  Ã‚  How do we know if our president is doing his best to serve the people instead of acting on his own will? We entrust the president to make the right decisions and to do what is best for us. This is why we vote for who we think is the better president and hope he will serve us when we need him. After the recent attacks on September 11, 2001, a lot of stress has been put on the president because our nation is keeping a close watch on his actions. At times of war, he is our backbone and the support we need. Congress has been putting the president on the spot about spending money for drop-in supplies to Afghanistan, which will affect the entire United States by causing us to spend more money and at the same time, hurting our economy.   Ã‚  Ã‚  Ã‚  Ã‚  Recently, President Bush has been working since September 11 to find a solution to cut the spending of Congress, but at the same time, provide military assistance to Afghanistan. Bush believes that he may have opened up doors to profligate government spending and thinks he is too late to close them. On Wednesday morning, several presidential advisers met and decided that it was necessary to pursue and improve the stimulus package, the supplies being parachuted for the citizens of Afghanistan. Bush was against this idea and publicly asked for support from congressional leaders to limit the spending of the package. He was asked if he would veto the excessive spending, but Bush would not say. His credibility is on the line and the public will be watching him to see if he will stand by his words. While Bush has been gaining support from the people of America, Congress has been spending more money. Funds from the Social Security surplus have even been used for the war. Tax cuts to redistribute incomes have been added to the $40 billion already spent. Some people though, believe that the stimulus package should be scrapped. Lawrence Lindsey comments, â€Å"To kill them now, threatened a stock market collapse and a deeper recession.† All these events have been directed toward us because our nation will soon be in debt and we will have to cut down on spending to keep our economy up.   Ã‚  Ã‚  Ã‚  Ã‚  Congress has been testing the president’s limits on how much he plans to spend for the packages being dropped in Afghanistan.

The Internet and Rapidly Developing Technology :: Exploratory Essays Research Papers

The Internet and Rapidly Developing Technology The recent revolution of internet and dot-com boom has brought more people familiar to computers and the Internet. It seems like that we can hardly find our way through everyday life with out using or having an internet connected computer next to us. The way we think, live, and communicate was changed once for all with the invention of networked communication of computers. Computers are no longer a piece of machine that sits on top of our desk for us to admire the marvelous technology brought by the geeks and freaks of 80's, but for us to constantly use and put in to work. And in a way, environment which we live in, the society, schools, jobs, forces us to make friends with that technology. Just like when you don't have a telephone you will have hard time communicate with meeting with your friends, absence of instant messaging programs, or ability to use one, will place you out of the circle of events happening with the friends, or don't let you do the work as fast or as good as the one who uses the technology. This is one of the reasons why increasing number of people choose to have computers and internet as a prime communication tool not only between friends and for socialization, but for everyday life. People are increasingly finding new ways of getting things done not by the waiting at the other end of the phone line, but clicking the way through a certain web pages, or typing their message on emails and messenger program. On-line part of the business of almost all industries, not only limited to the dot-com companies but other 'traditional' businesses as well, has been increasingly finding it self positioning more valuable and growing in potential. We are all too familiar with the online shopping sites and class websites that we use almost everyday in a very handy way of getting things done. But where did this all came from? Just when did we start using the internet the way we use it today? Clearly, these sorts of questions can be answered in simple, concise way. The internet was born in 1969 as a segment of research project of Department of Defense. Back then, the internet was known as ARPANET, a forerunner of the internet. Since the birth of the internet up to 1980's, Internet was used mostly by Universities and experts who knew their way around its complex systems and workings. The Internet and Rapidly Developing Technology :: Exploratory Essays Research Papers The Internet and Rapidly Developing Technology The recent revolution of internet and dot-com boom has brought more people familiar to computers and the Internet. It seems like that we can hardly find our way through everyday life with out using or having an internet connected computer next to us. The way we think, live, and communicate was changed once for all with the invention of networked communication of computers. Computers are no longer a piece of machine that sits on top of our desk for us to admire the marvelous technology brought by the geeks and freaks of 80's, but for us to constantly use and put in to work. And in a way, environment which we live in, the society, schools, jobs, forces us to make friends with that technology. Just like when you don't have a telephone you will have hard time communicate with meeting with your friends, absence of instant messaging programs, or ability to use one, will place you out of the circle of events happening with the friends, or don't let you do the work as fast or as good as the one who uses the technology. This is one of the reasons why increasing number of people choose to have computers and internet as a prime communication tool not only between friends and for socialization, but for everyday life. People are increasingly finding new ways of getting things done not by the waiting at the other end of the phone line, but clicking the way through a certain web pages, or typing their message on emails and messenger program. On-line part of the business of almost all industries, not only limited to the dot-com companies but other 'traditional' businesses as well, has been increasingly finding it self positioning more valuable and growing in potential. We are all too familiar with the online shopping sites and class websites that we use almost everyday in a very handy way of getting things done. But where did this all came from? Just when did we start using the internet the way we use it today? Clearly, these sorts of questions can be answered in simple, concise way. The internet was born in 1969 as a segment of research project of Department of Defense. Back then, the internet was known as ARPANET, a forerunner of the internet. Since the birth of the internet up to 1980's, Internet was used mostly by Universities and experts who knew their way around its complex systems and workings.

What Do You Think Are The Most Important Qualities

What do you think makes you a good call center agent? Am a responsible and positive person, I am totally dedicated to my job. And I believe will get along well with colleagues, learn from each of them and become an asset to the company. What I can bring into this position is my 10 years of customer service experience, the passion to help others in a timely manner. Plus the ability to communicate and build customer relationships.I see more challenges ahead of me and that's something thrive on. I'm a quick learner and take pride in all my work. Why should we hire you? ;You should hire me because although may not have experience, I am very much willing to learn the gropes and be trained. Believe that have the exquisite competence and qualities that perfectly fit this position. I want to be part of this company and believe that would be a valuable asset to it.Tell me about yourself ;It's my pleasure to introduce myself to you; basically I'm Aziza Del Rosaries. I graduated from Holy Angel University with a bachelor degree in business administration major in accounting. Am an industrious person, open to criticism, hardworking. I can easily get along with others. I'm loyal, sincere, energetic and approachable person am a fast learner and responsible person willing to learn and focus on what am applying for. Why do you want to work in a call center?

Evolution as Fact and Theory Essay

A ‘theory’ according to American vernacular is understood as an uncertain approach to the world’s mysteries. It is seen as an idea that is not yet actually confirmed but if proven to be true, can shed light on the reasons behind certain phenomena. This vague notion of the meaning of theories is utilized by Creationists to diminish the impact of the Evolution, (Gould, 1981) dismissing it as a ‘mere’ theory. Scientifically however, a theory is an explanation or model based on careful observation, rigid experimentation, analytical interpretation and sound reasoning, especially something that has undergone testing and has been confirmed as a general principle that helps in clarifying and predicting natural occurrences. A scientific theory is a well-substantiated explanation of an aspect of the physical world; a well structured system of accepted knowledge that could be applied in many circumstances to explain or clarify a set of phenomena, theories can incorporate factual data, tested hypotheses and established laws. 2) What does Gould mean when he says evolution is a â€Å"fact†? A ‘fact,’ as Gould discussed, is something so significantly probable that it is ridiculous not to recognize its importance. Gould says that evolution is a fact as it is body of knowledge consisting of the world’s data; the ‘theory’ of evolution is a structure of thoughts and ideas that could explain facts. Gould has expressed the general view of the scientific community, that evolution is a fact but the mechanism by which evolution has occurred consists of theories. The scientific community endeavors not to prove the truth of evolution, rather the goal is to explain how it has occurred. He goes on to argue that the occurrence of Evolution is not dependent upon humankind’s ability to come up with a sufficient theoretical explanation to support it. Humans have evolved whether or not Darwin’s theory of natural selection is an accurate theoretical justification for the phenomena. Evolution has occurred and is still occurring. 3) In what way is scientific creationism not scientific? Science is committed to proof and evidence. Creationism is blatantly committed to doctrine. Since creationism is primarily a subject of Biblical faith and religious conviction, verification from the natural world is no more than secondary in its significance. Gould (1981) observes that ‘scientific creationists’ claim to be scientific because they follow the Popperian model in attempting to obliterate the rationality of the evolutionary theory. Yet Popper’s argument has to be applied in two directions. An idea does not automatically become scientific by the mere act of attempting to falsify an adversary, an alternative system which satisfies Popper’s criterion must also be presented, and it must be falsifiable as well. ‘Scientific creationism’ is self-contradictory in its phrasing because it is incapable of being falsified, there are interpretations and experiments that can refute any evolutionary supposition, but no possible data could make a creationist discard solid beliefs in dogma (Gould, 1981). 4) What are the three arguments for the fact of evolution? First is the presence of unswerving proofs that substantiate evolution in field observations and laboratory experiments. One example is the recent discovery in 2004, a fish with transitional features was seen in Canada; the said fish had four finlike legs that permitted the creature to drag itself all the way through shallow water onto land. Scientists around the world see this as evidence that support evolution and an important discovery in identifying the transition from ocean creatures to land animals (NAS, 2008). Another example is the well-known specie of British moths that changed color and become black when the trees which the moths inhabited were darkened with industrial soot. Moths gain safety from predators, usually visually superior birds, by blending and disappearing into the backdrop. It must be noted that major evolutionary changes require a great deal of time that is not compatible with the usage of direct observation in the scale of documented human history (Gould, 1981). Second, the imperfection in nature exposes evolution; evolution is seen in the obvious flaws which record an account of descent. As Gould (1981) discusses, an engineer, designing from the beginning could plan more superior limbs suited for every living thing. All native hefty mammals from Australia are marsupials because they descended from an ancestor isolated in the isle continent. These marsupials are not really more suited for the environment of Australia; many have actually been pushed out by other (placental) mammals introduced by man from different places and continents. This standard of deficiencies and imperfections extend to every historical science. And finally the undeniable evidence of the transitions found in fossil records, there is a continuous temporal succession of increasingly more modern human features: increased cranial capacity, reduced teeth, large body mass (Gould, 1981). 5) How has Gould and Eldredge’s theory of punctuated equilibrium been used against them by the scientific creationists? Gould and Eldredge’s punctuated equilibrium theory proposes that the majority of evolution is marked by lengthy periods of evolutionary constancy, which is then interspersed by infrequent occasions of branching progression This theory was contrasted alongside phyletic gradualism, which is the popular notion that evolution is marked with a pattern of even and constant change in the fossil record. Gould (1996) has favored the particular argument that evolution does not have an inherent drive towards long-standing progress. Many interpretations often refer to evolution as a hierarchy of development, leading to better, quicker, and smarter life forms; the assumption is that evolution is in some way driving organisms to be more complex and intricate, and ultimately more akin to humankind. Evolution’s progress is not for complexity, but for diversification. Because life is inhibited to start with a simple preliminary point, any diversity ensuing from this side may be seen as a shift to the path of higher complexity. But life forms, can adapt towards simplification with no difficulty, an example is the case of parasites (Gould, 1996). This theory has been used by creationists as a citation to support their argument that the scientific community has actually admitted that fossil records does not incorporate transitional forms to support the theory of Evolution. Gould (1981) has clarified and reiterated that transitional forms can generally be found lacking in the level of species, but can be found abundantly among larger groups. Also, the famous creationist Luther Sunderland discusses the punctuated equilibrium theory and tells his readers that it is basically a tacit admission that Creationists are accurate in their assumption that no fossil verification can be found supporting the hypothesis that every life form descends from a common forebear (cited in Gould, 1981). The distortions and oversimplifications of Gould and Eldredge’s theory have been used as a caricature of the beliefs of Richard Goldschmidt, an early yet inaccurate geneticist. References: Gould, S. J. (1981). â€Å"Evolution as Fact and Theory,† Discover 2, May 1981: 34-37; Reprinted with permission from Hen’s Teeth and Horse’s Toes, New York: W. W. Norton & Company, 1994, pp. 253-262. Gould, S. J. (1996). Full House: The Spread of Excellence From Plato to Darwin. New York: Harmony Books. NAS: National Academy of Sciences. (2008). Science Evolution and Creationism. National Academies Press

Christian and Secular Counseling with a Bible Word Study Basis Essay

Abstract In order to arrive at a clearer view of Christian counseling, this paper examines the similarities and differences between secular and Christian counseling. It begins with a biblical word study to establish a basis for Christian counseling. The words counsel, comfort, and wisdom are examined in both the Old and New Testament. The Biblical view of counseling is compared and contrasted with the secular view. Relevant ethical considerations are examined, specifically related to the _Bruff v. North Mississippi Health Services, Inc.,_ 2001 case. The paper concludes with a discussion regarding future endeavors in professional counseling including how to integrate the best Christian and secular practices. Christian counseling has been difficult to define because there are two distinct kinds of counseling: spiritual counseling and mental health counseling (Bufford, 1997). Thus, there are many approaches for the practice of Christian counseling that range from the integrationist to the nouthetic position, which has made identifying distinctive features of Christian counseling a complex task. Counselors of the nouthetic approach claim that  truth can only be found in the Bible, all counseling models must be exclusively from the Bible, and any integration of psychological theories must be rejected. The integrationists state that God reveals his truth universally. Hence, they accept and utilize both the techniques and the theories of psychology with Scriptural truth to help their clients heal (Carter, 1999). Realizing the need for both spiritual counseling and mental health counseling, Bufford (1997) defined seven distinctives of Christian counseling. Clinton and Ohlschlager (2002) propo sed ideas for Christian counseling that they describe as a paracentric focus that seems to more accurately convey the essence of Christian counseling. In view of all this effort to define Christian counseling, there is still much diversity of practice among Christian counselors. In an effort to understand the biblical views of counseling, and create a more distinctive picture of what is and is not biblical counseling, a word study on a variety of counsel terms is presented in this paper. Next, the conclusions from the word study are compared to the professional views of counseling including an examination of relevant ethical considerations. This paper will conclude with a discussion regarding future endeavors in professional counseling. Biblical Words Related to Counseling In this section, a word study was conducted to understand the biblical views of counseling. The words counsel, wisdom, and comfort were researched by first using the _Strong’s Exhaustive Concordance of the Bible_ (Strong, 1996). The range of situations in which these concepts were used in the Old and New Testaments were researched using Richards’ (1985) _Expository Dictionary of Bible Words,_ Vine’s (1940) _Expository Dictionary of New Testament Words,_ and the _Baker’s Evangelical Dictionary of Biblical Theology_ (Elwell, 1996). Several Bible commentaries were used to illustrate how these concepts were used in the Old and the New Testaments. _Counsel_ The Hebrew words that best communicate â€Å"to counsel† or â€Å"to advise† are ya`ats  and its derivative `etsah. Both words mean advice, counsel, purpose or plan. In the Old Testament, these words are used to describe both the counsel of God and the counsel of man. Ya`ats is used 80 times in the King James Version (KJV) of the Old Testament and `etsah is used 88 times to convey the concept of counsel or advice (Blue Letter Bible (BLB), 1996-2008). When ya`ats and `etsah are used as human counsel, it is usually in the context of counsel being given to kings (1 Chronicles 13:1; 2 Chronicles 25:17). Proverbs suggests that one should seek the counsel of many (Proverbs 11:14; 15:22) because human beings and their counsel are both fallible. However, God’s counsel is infallible, firm, and purposed (Psalms 33:10-11) which is conveyed as such in the Old Testament when ya`ats and `etsah are used. (Richards, 1985). In the New Testament, boule comes from the root word boulomai which means â€Å"to will.† Bouleuo is used 8 times in the New Testament and can mean â€Å"to take counsel, to resolve† (Vine, 1940). The root word boule translates â€Å"to will† or â€Å"to purpose† when God is the context. Its derivative, bouleuo, means â€Å"to take counsel, to resolve† and together with boule is used 20 times in the New Testament. Like the Old Testament, boule is used both to express the counsel of God (Luke 7:30; Acts 2:23) and the counsel of man (Ephesians 1:11; Hebrews 6:17). The compound symbouleuo refers to counsel taken together (John 11:53). One other word used in the New Testament that communicates â€Å"to counsel† is gnome. Whereas boule is counsel as a result of determination, gnome is used as judgment, opinion, or counsel as a result of knowledge (2 Corinthians 8:10). Gnome is used 9 times and symbouleuo is used 5 times (Vine, 1940). _Old Testament usage_. Both God’s counsel and human counsel are reflected through the use of ya`ats and `etsah in the Old Testament. The incidents of Absalom in Samuel 17:11-21 and Rehoboam in 1 Kings 12:1-15 illustrate how ya`ats is used for human counsel and suggests some plan of action to deal with a specific situation. Ultimately, both Rehoboam and Absalom choose a course of action, but there is no certainty in human plans. However, perfect counsel is found in God’s plans (Richards, 1985). Psalms 33:10-11 declares, â€Å"The Lord foils the plans of the nations; he thwarts the purposes of the  peoples. But the plans of the Lord stand firm forever, the purposes of his heart through all generations† (NIV). God’s counsel is inerrant, sufficient, and unchangeable and is at the center of Christian counseling. _New Testament usage._ The New Testament depicts the different ways in which human counsel is given. Symbouleuo is often used when advice is given by one person to another and is usually in reference to plots against Jesus or the early church (Matthew 26:4; Acts 9:23). Gnome is used in an example of sound advice based on maturity and knowledge given by Paul to the Corinth church (2 Corinthians 8:10) and boule is used in the sound advice given by the highly esteemed teacher of the Pharisees, Gamaliel (Acts 5:33-39). Although Gamaliel gave good advice, it was not tested by the standard of God’s word. Nonetheless, God used Gamaliel’s advice to give a needed respite to the young church (Guzik, 2001, Acts 5, D.2). The inconsistent advice given by man contrasts the immutable counsel of God. His truth is the primary source by which Christian counselors test all counseling methods, techniques, and principles in order to offer sound counsel to their clients. _Comfort_ Naham is the Hebrew word most often translated â€Å"to give comfort† in the Old Testament. It is used 108 times in the Old Testament. Many times naham means â€Å"to console† (Psalms 71:21; Isaiah 49:13). Its derivative, tanchuwm, means consolation (Job 15:11; 21:2) and is translated 5 times. Other meanings used in the Old Testament are support, relief, cheer up, and exhort. The last 26 chapters of Isaiah express God’s comfort (Isaiah 40:1) and the future promise of the Redeemer (Baker, 1996). In the New Testament, the words parakaleo (verb) and paraklesis (noun) come from kaleo which means â€Å"to call,† and para meaning, â€Å"alongside of.† Parakaleo means â€Å"to call to one’s side or to summon to one’s aid, but this word and its various forms can mean many other things. This word group can be translated as invite, call, exhort, beseech, encourage, summon, instruct, comfort, and console. Parakaleo is found 109 times in the New Testament. Nine of the NIV’s 17 translations of this word group meaning â€Å"comfort† are  found in 2 Corinthians 1:3-7. In these passages, Paul addresses God’s comfort during times of trouble. _Old Testament usage_. Jerusalem is discouraged over the announcement about the coming Babylonian conquest and future exile. In Isaiah 40:1-2, God tells Isaiah to â€Å"comfort, comfort my people† (NIV) and speak tenderly as you comfort. The people of Jerusalem were broken-hearted and needed comfort. God offered that comfort through Isaiah by instructing him to speak comfort, literally â€Å"speak to the heart† (Guzik, 2006, Isaiah 40, A.1.c.i). The goal of the therapeutic process is to restore the broken-hearted person to a whole life. Clients must believe that healing is possible, but counselors must first comfort their anxious souls (Clinton & Ohlschlager, 2002). The process of change begins with the Christian counselor speaking tenderly to his or her clients’ hearts and reassuring them of God’s omnipotence, omniscience, and omnipresence. Healing begins when a sense of comfort and encouragement grows from knowing that God knows everything, is in control of everything, is perfectly good, and is _on my side_ (Johnson, 2003). _New Testament usage._ Clinton and Ohlschlager (2002) proposed a Paracentric focus that describes the Christian counselor as single-mindedly focused on Christ and the client. In 2 Corinthians 1:3-7, Paul models this idea. Paul’s life is not on focused on himself, but on the Lord and on others. Paul opens his letter to the church in Corinth praising God for his mercy and comfort (2 Corinthians 1:3). Paul uses the Greek word paraklesis that expresses a comfort that strengthens, encourages, and helps one deal with distressful times. In verse four, Paul explains that God â€Å"comforts us in all our troubles, so that we can comfort those in any trouble with the comfort we ourselves have received from God† (NIV). Paul is thankful that he can experience God’s comfort during times of trouble and use that experience to help and comfort those in similar circumstances (Guzik, 2001, 2 Corinthians, A.2.a.i). In the same way, the Christian counselor, yielded to the Holy Spirit, can meet the client at his or her point of need, and begin to create a strong working alliance (Clinton & Ohlschlager, 2002). The broken-hearted can be comforted, the weak can be supported, the discouraged can be encouraged, and the misdirected can be guided (1 Thessalonians 5:14). _Wisdom_ The basic word group expressing the idea of wisdom includes chakam and its derivatives chokmah and chokmowth. Together they occur over 150 times in the Old Testament. This word group can mean to be skillful, to instruct, or to be prudent. Biyn and sekel are also closely related and usually means understanding or discernment. Biyn is used 170 times and sekel is used 16 times in the Old Testament. Throughout the Old Testament, wisdom is expressed in godly living that is most represented in the book of Proverbs (Proverbs 2:6, 9-10, 12). Wisdom can fit into two categories. Practical wisdom, which is usually found in Proverbs, deals with the issues of an individual’s life, such as family relations (Proverbs 22:6) and personal industry (Proverbs 8:15). Reflective wisdom focuses on theological issues, such as the suffering of the innocent Job and the meaning of life in Ecclesiastes (Elwell, 1996). The Greek word sophia is the word that expresses wisdom in the New Testament. Sophia is translated 51 times, and focuses on the same practice of godly living as described in the Old Testament. The exception is in 1 Corinthians 1-3 where Paul compares the wisdom of men to the â€Å"hidden wisdom of God† or God’s plan of salvation. Other words used are sunesis which means knowledge or understanding (Mark 12:33) and phronesis which can mean wisdom or prudence (Luke 1:17; Ephesians 1:8). Sunesis is used seven times and phronesis is used twice in the New Testament (BLB). _Old Testament Usage._ In Ecclesiastes, Solomon demonstrates how wisdom must be used when teaching or counseling those who are suffering. In Ecclesiastes 12:8-14, Solomon focused on the immediate needs of the people (vs. 8). He â€Å"sought to find out acceptable words: and that which was written was upright, even words of truth† (Ecclesiastes 12:9-10; KJV). Solomon understood that divine wisdom would be required to respond to the needs of the people (1 Kings 3:5-14). He also knew that he must offer truth found in Scriptures to direct them towards wellness (Ecclesiastes 12:10) for â€Å"what good will acceptable words do us if they be not upright and words of truth?†Ã‚  (Henry, 1996). Solomon pondered, sought, and used God’s Word to meet the immediate needs of the individual. This is the essence of Christian counseling. _New Testament usage._ James reflects Old Testament sentiments in his advice to appeal to God when one lacks wisdom (James 1:5-7). James is not just talking about knowledge, but about the ability to discern right from wrong. Later, James contrasts personal character that comes from divine wisdom and traits that are destructive and not of God (James 3:13-18). Wisdom that comes from God is â€Å"peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere† (James 3:17). These traits should define competent Christian counselors. Both the Old Testament and the New Testament emphasize the importance to appeal to God for his divine wisdom. Comparison of Biblical Views with Professional Views This section begins by identifying similarities in function and approach between Christian and secular counseling. Differences are defined by examining three different areas: Philosophy of life, counseling goals, and source of truth. In the final section, conclusions are drawn regarding the implications to future counseling endeavors based on the conclusions from the word study, comparisons to professional counseling, and relevant ethical considerations. _Similarities between Biblical and Professional Views of Counseling_ _Code of Ethics._ Christian counseling and secular counseling have much in common, more so in the process than in the content. One area of commonality is illustrated in the American Counseling Association’s (2005) _ACA Code of Ethics_ and the American Association of Christian Counselors’ (2004) _AACC Code of Ethics._ Both ethics codes address basic moral principles – nonmaleficence, beneficence, justice, fidelity – that form the framework for ethical behavior and decision making for the professional counselor (Meara, Schmidt, & Day, 1996). Both ethics codes begin by addressing the primary responsibility of the counselor to _do no harm_ to those they serve (ACA,  2005, A.4.a; AACC, 2004, 1-102). Both ethics codes also address the counselor’s responsibility to â€Å"respect the dignity and to promote the welfare of clients† (ACA, 2005, A.1.a). Providing verbal and written informed consent, ensuring that â€Å"the client reasonably understand s the nature and process of counseling† (AACC, 2004, 1-310), as well as respecting client diversity (ACA, 2005, C.5; AACC, 2004, 1-101) are included in both ethics codes to protect the welfare of the client. _Common elements._ Christian counseling and secular counseling also share many common elements in their approach. First, both counseling systems are goal-oriented. Although goals such as spiritual maturity and discipleship are clearly distinctive to Christian counseling, many of the immediate goals, such as alleviation of depression, reduction of anxiety, and control over substance abuse are common goals in both secular and Christian counseling. Second, Christian and secular counselors use many of the same strategies, techniques, and methods to offer hope to the counselee, build a strong therapeutic relationship, develop competencies in social living, provide support, and change destructive cognitive or behavioral patterns (Bufford, 1997). Lastly, effective counselors in both Christian and secular counseling are characterized by warmth, sensitivity, understanding, genuine concern, trustworthiness, and competence (Clinton & Ohlschlager, 2002). _Differences between Biblical and Professional Views of Counseling_ _Philosophies of life (View of man)._ Everyone has a philosophy of life, a way in which one views the world. Generally, secular counseling views are man-centered (anthropocentric) and biblical counseling views are God-centered (theocentric). The worldview of a counselor determines how he or she thinks about human nature, evaluates and assesses the client, and decides on treatment strategies (Clinton & Ohlschlager, 2002). In secular counseling, the reason for man’s existence and the goals to be achieved are centered upon, and revolve around man. Secular counseling relies on theories influenced by behavioral, humanistic, and existential thought, but those theories have little to offer the client except the  advice that they should care about and love themselves (Carter, 1999). These theories emphasize a basic goodness or a basic depravity in the soul, and focuses on what will make the individual happy, adaptive, and successful. This is their basis for self-evaluation. â€Å"Humanistic psychotherapy has always been hampered by the contradiction of encouraging unlovable selves to love themselves† (Johnson, 2003, p. 84). In contrast, biblical counseling is God-centered. Christian counseling does not place humans at the center of the universe as humanism does. In Genesis, it states that God is the creator, and he created man in his image and likeness to live and rule in a perfect world (1:26-2:25). In spite of the corruption of the fall, man still bears the image and likeness of God and still has authority in the world as dependent creatures who desire to have a relationship with God and other people (Averbeck, 2006). It is this God-revealed concept of the nature of man that biblical counseling, both as a system and as a process of doing counseling, bases its work. Christian counselors understand that all biblical care giving falls within the larger plans and purposes of the Creator. It is comforting to know that in the midst of a contingent, unpredictable life, God, the creator, is always there to meet every need and pour out his comfort to all who seek him (Johnson, 1997). Christian counseling offers what secular counseling cannot: â€Å"the father of compassion and the God of all comfort† (2 Corinthians 1:3; NIV). As man searches for meaning and contentment, God comforts and heals. _Goals._ Though easing the suffering of the client is a goal in both Christian and secular counseling, it is not the ultimate goal of the Christian counselor. All counseling systems have goals of bringing about changes in the counselee, whether they are changes in feelings, beliefs, thinking or behavior. The goals of a counseling system are largely determined by the philosophy of life held. A man-centered viewpoint will yield goals that focus on the relief of suffering and the fulfillment of personal happiness. Secular counseling holds such views. The main goals of secular counseling in treating clients are to help the client alleviate anxiety, guilt, depression, anger and to achieve personal happiness, contentment and self-fulfillment. Secular counselors also give counselees  methods of self-assessment to help them continue to live life with minimal anxiety and hostility (Clinton & Ohlschlager, 2002). Like the secular counselor, Christian counselors seek to change behaviors and attitudes that will bring about happiness, contentment, and greater well-being; however, Christian counseling goes much deeper than changing behavior and helping clients find happiness (Bufford, 1997). The ultimate goals of Christian counseling are to help the counselee experience intimacy with God and maturity in Christ (Ephesians 4:20-24). Placing an emphasis on discipleship and introducing spiritual disciplines in the Christian counseling practice helps achieve these goals. Although both share similar thoughts in techniques and theories, the practice of spiritual disciplines is uniquely Christian and is an important factor in achieving the goals of intimacy and maturity (Willard, 2000). Collins (1996) states, â€Å"Helping that leaves out the spiritual dimension ultimately has something missing. It may stimulate good feelings and help people cope with stress, but it does nothing to prepare people for eternity or help them experience the abundant life here on earth† (p. 15). Though the ultimate goals of Christian counseling are intimacy with God and maturity in Christ, the heart of Christian counseling is the good news of Jesus Christ (Colossians 1:26-27). The power of Jesus makes change, redemption, and new life possible. In the Great Commission, Jesus commands Christians to make disciples and to teach them to how to live as disciples and experience abundant life. The Great Commission differentiates Christian counseling from secular counseling. The work of Christian counselors is incomplete until they have helped the counselee put off the old self and put on the new by teaching and training them to live like Christ (Willard, 2000). _Source of truth_. There are more than 400 different therapy models available today. â€Å"Effective counselors scrutinize theories for proven effectiveness and match them to personal beliefs and realities about the nature of people and change† (Gladding, 2007, p. 190). Never before has it been so important to have a source of absolute truth. Christian counselors believe that the Bible is the authoritative word of God against which they can assess their  beliefs, practices, ideas, and actions. They believe that â€Å"all Scripture is God-breathed† (2 Timothy 2:16-17, NIV) and fully equips them for every good work. Thus, although both Christian counselors and secular counselors use many of the same counseling techniques, the Christian counselor does not use counseling techniques that are inconsistent with biblical teaching. Recent studies on therapeutic outcome encouraged the present emphasis on an eclectic approach in professional counseling. That is, most counselors today are using various theories and techniques to meet their clients’ unique needs. Whiston and Sexton (1993) concluded that a strong therapeutic relationship is significantly related to positive client outcome. Tan (2003a) reported that empirically supported treatments (ESRs) and empirically supported therapy relationships (ESTs) that are specifically tailored to a client’s needs produced the best therapeutic outcomes. Like Solomon (1 Kings 3:5-14), it is crucial that a Christian counselor be a biblically informed and responsible eclectic who prays for the discernment needed to â€Å"fit the right therapy with the right client at the right time and the right stage of living† (Clinton and Ohlschlager, 2002, p. 176). However, the Bible is the authoritative source of truth, and an effective Christian counselor will evaluate the moral and spiritual quality of every theory and method they use in his or her clinical practice. _Ethical Considerations_ Value conflicts between clients and therapists are inevitable, especially for Christian counselors working within a secular environment. Although Christian counselors may not always agree with the values of their clients, it is essential that they respect the rights of their clients to hold a different set of values (Hermann & Herlihy, 2006). It is also essential for Christian counselors to inform potential clients in writing, as part of the informed consent document, about their religious beliefs and values to avoid certain ethical and legal issues as described in the following court case. _Bruff v. North Mississippi Health Services, Inc., 2001_ is an interesting case that illustrates the complexity counselors confront when their value  system and religious beliefs conflict with the client’s presenting problem. In 2001, the United States Court of Appeals â€Å"upheld the job termination of a counselor who requested being excused from counseling a lesbian client on relationship issues because homosexuality conflicted with the counselor’s religious beliefs† (Hermann & Herlihy, 2006, p. 414). This case illustrates both legal and ethical issues related to value imposition and conflict of values between client and counselor. The American Counseling Association’s (ACA, 2005) _ACA_ _Code of Ethics_ states that counselors need to be â€Å"aware of their own values, attitudes, beliefs, and behaviors and avoid imposing values that are inconsistent with counseling goals† (A.4.b). Working with clients who hold different values can be challenging for counselors. It can be especially difficult for Christian counselors if those values challenge their religious values and beliefs. However, counselors must respect these differing values of clients and take care not to impose their values in the counseling relationship (Hermann & Herlihy, 2006). This case has particular implications for Christian counselors who find it difficult to reconcile their religious values regarding certain client issues. It is important for Christian counselors to include Christ and to incorporate Christian principles into the therapy process. However, Christian counselors’ primary responsibility is to â€Å"uphold the inherent, God-given dignity of every human person† (AACC, 2004, 1-101). Because it is unrealistic to assume that counselors will not incorporate certain value orientations into their therapeutic approaches and methods, Christian counselors have an ethical duty to clarify their assumptions, core beliefs, and values with the client during the intake session. â€Å"It is vital to be open about values but not coercive, to be a competent professional and not a missionary for a particular belief, and at the same time to be honest enough to recognize how one’s value commitments may not promote health† (Bergin, 199 1, p. 399). Personal Applications Current data indicates that no single theory or model adequately accounts for the complexity of human behavior. Counselors will have to learn and apply an eclectic mix of therapy models and techniques to accommodate the complexity of these modern times. Christian counselors will need to consider biological, psychological, spiritual, social, cultural, economic, and environmental factors when assessing, diagnosing, and treating the unique needs of the client (Clinton & Ohlschlager, 2002). Integrating spiritual direction into psychotherapy and counseling enables the counselee to focus on increasing awareness of God and facilitating surrender to God’s will (Willard, 2000). The conclusions I have made from what I have learned about the biblical views and professional views of counseling are that there is a place for employing both psychotherapeutic techniques and spiritual direction in the counseling process, but it is essential to practice such integration in a ethical, helpful, and wise manner. Christian counselors must use discernment when incorporating secular theories and techniques into their practice and they must be wise when incorporating spiritual disciplines into the therapy relationship. The Bible is our resource, it is the foundation for truth by which everything else is evaluated, and it is sufficient in what we need to instruct one another on how to live an abundant life (2 Timothy 3:16-17; 1 Thessalonians 5:13). Christian counselors must refer to the Bible to distinguish good counseling from bad counseling. Both appropriate and inappropriate counsel is illustrated in the story of Rehoboam, who chose to ignore the advice (etsah) of the older counselors, and instead listened to his young and immature peers. Their counsel lacked a careful examination of the situation, and resulted in disastrous consequences (1 Kings 12:1-15). Wise Christian counselors are careful to gather information and examine a situation as they help their clients. It is imperative that Christian counselors consistently ask God for the wisdom (James 1:5) to choose the godly path (Proverbs (19:21). The ultimate goal of Christian counseling is to facilitate the spiritual  growth of clients, rather than simply alleviating symptoms and finding a resolution to problems. Integrating spiritual disciplines into psychotherapy can be an effective tool in achieving these goals in the therapy process (Tan, 2003b). However, as seen in the _Bruff_ case, counselors must take care not to impose their religious beliefs or values on the client. The client’s autonomy must be respected. Counselors must provide sufficient information regarding therapy to the client, and should include spiritual religious goals and interventions only when proper informed consent is obtained from clients who have expressed interest in pursuing and participating in such goals and interventions. Effective Christian counselors must keep informed of the latest and best information on ESRs and ESTs in order to provide the most effective and efficient forms of psychotherapy and spiritual direction to the client (Tan, 2003a). In addition, Christian counselors should, with the consent of the client, integrate spiritual disciplines into psychotherapy. Effective Christian counselors’ primary focus is on meeting the needs of the client. To meet these needs Christian counselors must first comfort the broken-hearted with a comfort (nacham, parakeleo) that consoles while imparting strength, to encourage while offering a hope for a future (Isaiah 61:1-2). According to Grencavage and Norcross (1990), â€Å"the therapist’s ability to cultivate hope and enhance positive expectancies within the client† (p.374) was one commonality found in the qualities of effective therapists. Recent emphasis on ESRs shows the importance of a strong therapy relationship and is in line with the conclusion that healing occurs when we model the God of comfort and love. â€Å"It is ultimately God who is love who brings wholeness and healing to the hurting people that we minister to through psychotherapy and counseling, using the best ESRs and ESTs available, as long as they are consistent with biblical, Christian truth, ethics, and morality† (Tan, 2003a, 2003). References American Association of Christian Counselors. (2004). _ACA_ _Code of ethics_. Retrieved February 27, 2008, from http://aacc.net/about-us/code-of-ethics/. American Counseling Association. (2005). _AACC Code of ethics._ Retrieved February 27, 2008, from http://www.counseling.org/Resources/CodeOfEthics/TP/Home/CT2.aspx. Averbeck, R. E. (2006). Creation and corruption, redemption and wisdom: A biblical theology foundation for counseling psychology. _Journal of Psychology and Christianity, 25(2),_ 111-126. 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