Introduction To Law And Legislation Social Work Essay

Introduction To Law And Legislation Social Work Essay Referring to case study 2: Helen, a 78 year lady, a Section. 2 and a Section. 5 of The Community Care Delayed Discharges Act 2003 have been issued and Social Services have 72 hours before they are cross charged. This Act penalises local authorities who cannot provide for discharged hospital patients, as it ensures NHS patients receive adequate care when being discharged from hospital. It sets out timescales which Social Services have to comply with and if there is a delay in discharge whereby Social Services are to blame they will be cross charged  £100.00 per day under s.6 of the Liability to make Delayed Discharge payments. This is the main provision of this Act along with on-site multi-disciplinary working. However, if the delay in service provision is down to the NHS then reimbursement does not apply and if during this process there is a dispute then this is under s.9, Dispute Resolutions of the CC(DD)A 2003. The law states that if a s.2 and a s.5 of CC(DD)A 2003 have been issued together then the process is as follows: This section applies where a section 2 notice has been given. Subsection (2) ensures that the NHS body responsible for issuing the section 2 notice to the social services authority, and any other NHS body which may need to provide services to the patient upon discharge, must consult the social services authority before deciding which services it will make available upon discharge. This is to ensure that a complete package of care can be put in place smoothly and without duplication or omission of any particular service. The responsible NHS body will in the first instance normally be a hospital but the majority of NHS services upon discharge are likely to be provided by the patients Primary Care Trust. The social services authority must be consulted about all NHS services that are to be provided The first step in the case of Helen would be to have a statutory meeting with the social services manager to discuss Helens situation and to establish the legal framework and service delivery to be applied. The NHS and Community Care Act 1990 (NHSCCA) was enacted as a result of unfair treatment of older people, as it gave them the right to an assessment to services. The main principle and rational of the NHSCCA 1990 is to provide people with relevant services to enable them to live independently in their own homes, rather than moving them into a residential setting. Although this piece of legislation is considered to be complex it has a number of powers and duties imposed on local authorities. The primary role of local authorities with community care responsibilities is to ensure that: Adult social care is delivered effectively Services users wishes are taken into account, and Services are delivered safely (Brayne Carr, 2010:508). The main statutory duty for social workers of the NHSCCA 1990 is Section 47. Under s.47 (1) as social workers we have a duty to do a needs lead assessment and this is a must in the case of Helen. The National Service Framework for Older People provides a framework for health and care services for older people, and this is an important development whereby social work assessments are integrated with health care assessments. As the duty social worker when doing an assessment there are two aspects that should be considered. First, there is the assessment of Helens needs not wants; second, bearing in mind the outcome of that assessment, the decision to provide (or not) particular services. However, during the NHSCCA 1990 s.47(1) needs lead assessment, if Helen is identified as being disabled, she has additional rights as set out in s.47(2). During this assessment the local authority must, under s.47(3)of the NHSCCA 1990, inform the Health or Housing authorities if it appears Helen may req uire services which they could provide (Braye Preston-Shoot, 2010). The roots of social care and social work lie in the National Assistance Act 1948 (NAA). Section 29, Part 3 refers to specific groups such as older people and to qualify for services under this Section the law states: A local authority may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall make arrangements for promoting the welfare of persons to whom this section applies, that is to say persons aged eighteen or over who are blind, deaf or dumb, or who suffer from mental disorder of any description and other persons aged eighteen or over who are substantially and permanently handicapped by illness, injury, or congenital deformity or such other disabilities as may be prescribed by the Minister (www.legislation.gov.uk/ukpga/Geo6/11-12/29/section/29). It is clear that where there is a legal statutory duty, you have to consider the implications of accountability within the social work profession and this in turn can cause tensions between legal framework and the General Social Care Councils codes of practice. For example, it is difficult to reconcile the values of anti-discriminatory and anti-oppressive practice with some of the terminology utilised in the National Assistance Act 1948, such as deaf or dumb. However, as Helens needs meet this definition, as she is considered to be a s.29 service user and any provisions for Helen will be made under The Chronically Sick and Disabled Persons Act 1970 s.2. This places a duty on local Authorities to assess the individual needs of everyone who falls within Section 29 of the National Assistance Act 1948 (Brammer, 2010:402). In addition older people can be offered residential care under the National Assistance Act 1948 s.21 and home care and laundry services under the National Health Service Act 2006 Schedule 20(3). Under s.2 of the CSDPA 1970 the provision of welfare services, local authorities are required to provide services such as an occupational therapist (OP). The OP can do functional assessment to establish the provisions required and to aid in the transition from hospital to the home. The main provisions do not include personal care but assesses how the service users function, for example get dressed, and get out of bed in hospital or at home. The fundamental rational is to power and enable the service user to get back to their former ability. The Health and Social Services and Social Security Adjudication Act 1982 s.17, provides local authorities the power to make reasonable charges for non-residential services. Under this legislation the first six weeks of intermediate care is free, NHS is free at delivery social services is not. Intermediate care or reablement is a term used to represent a range of integrated health and/or social care services that as part of an agreed care plan aim to: Promote faster recovery from illness Prevent unnecessary admission to hospital Support timely discharge following an acute hospital admission Prevent premature admission to long-term residential care Maximize your chances of living independently (www.ageuk.org.uk ). It was introduced to bridge the gap for people who were medically fit for discharge but were unable to return to independent living. Reablement typically it lasts for no more than six weeks and is provided without charge to the service user. Helen will receive the reablement service for six weeks and if further support is required, then Adult Social Care services may be chargeable. Research evidence confirms that reablement schemes are well placed both to meet the preferred outcomes of service users and to achieve cost effectiveness in service delivery, when compared with alternatives such as longer term care (Braye et al., 2004: 113). Once a community care assessment is carried out, we need to make decisions about what support will be provided for Helen. Helen would be required have a financial assessment by a Financial Assessment Benefits Advisor (FABA). The FABA will carry out an assessment on Helens financial situation and ensure she is claiming any state benefits she may be entitled to. They will need to see proof of her income and, savings and will ask for details about her expenses. This assessment is straightforward and the officers will try to make it as pleasant as possible. National guidelines published by the Department of Health called Fair Access to Care Services (FACS) provides Social Services with an eligibility framework for Adult Social Care to identify whether or not the duty to provide services under this framework. The national FACS policy states that local authorities may take account of the resources available to them in deciding which needs to meet. FACS divides need into four categories: critical, substantial, moderate or low. Thus the concept of need is determined by factors such as the availability of resources and this in turn causes tensions between policy, practice and law. Essex local authorities are just meeting critical needs at present and although having rights which are legally enforceable do not necessarily imply the need will be met due to funding within Social Services. to ensure that older people are treated as individuals and they receive appropriate and timely packages of care which meet their needs as individuals, regardless of health and social services boundaries (Department of Health, 2001a, Standard 2). Social Services are required by law to provide equipment for the home free of charge if the service user does not have any liquid assets. However, Helen does have an owner occupied property but does not have any savings, so therefore community care services will be provided by Social Services free of charge. Local authorities have the power, and in some cases a duty, to charge for certain community care services, under the National Assistance Act 1948 and the Health and Social Services and Social Security Adjudications Act 1983 (White et al, 2007). Community equipment includes aids such as raised seats, walking sticks; grab rails and shower mats, commodes and minor adaptations that assist daily living to promote independence in the home. If Helen wishes to have help managing her affairs, then provided she has mental capacity she can appoint someone else to make decisions on her behalf. The Mental Capacity Act 2005 (MCA) makes it possible to produce a Lasting Power of Attorney (LPA) to continue beyond any future loss of capacity by Helen. The LPA can cover property and financial affairs, or personal welfare (including health care and treatment) or both. However, this must be registered with the Public Guardian before it can be used. (www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingarrangementsincaseyoulosementalcapacity/DG_185921) The more capable older people are mentally the less likely it is that others will intervene in the choices which they make. However, for relatives these decisions may provoke anxiety and quilt. In such situations the capacity of the service user becomes an important factor in the decision process. Everyone has capacity unless stated otherwise and under the Human Rights Act 1998, Article 5(1) grants a general Right to liberty and security of person. This Article covers rights to liberty, which has self-evident relevance to the detention of people with mental health problems. Under Article 5(1)(e) three conditions must be met, except in the case of an emergency: A true mental disorder must be established before a competent authority on the basis of objective medical expertise; The mental disorder must be of a kind or degree warranting compulsory confinement; The validity of continued confinement depends on the persistence of such a mental disorder (Johns, 2010:32). With regards to the allegations that Helen has dementia we must have reasonable belief before making judgements on Helens mental capacity. However, it is necessary for Social services to investigate, for example look at her medical records to see if this has been confirmed by a medical professional, such as her General Practitioner. However, there is the issue of confidentiality to be considered and as such we would require Helens consent in obtaining this kind of information. The Data Protection Act 1998 is concerned with the protection of Human Rights in relation to personal data. The aim of the Act is to ensure that personal data is used fairly and lawfully and where necessary, the privacy of individuals are respected. It sates: An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information (http://www.legislation.gov.uk/ukpga/1998/29/introduction). It is important to note that the Human Rights Act 1998, encompasses every single act within the United Kingdoms legal system. For health and social care it enables the legal framework to meet the requirements of service delivery. Due to allegations and concerns made by Stephanie, Helens daughter, it is necessary to undertake a formal documented assessment under the Mental Capacity Act 2005 (MCA) Section.1. This assessment is known as the MCA model and has to be conducted by two professionals of different agencies in order to confirm Helens mental capacity. The MCA 2005 codes of practice sets out five statutory principles and these are: A person must be assumed to have capacity unless it is established that they lack capacity. A person is not to be treated as unable to make a decision unless all practical steps to help him to do so have been taken without success. A person is not to be treated as unable to make a decision merely because he makes an unwise choice. An act done or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests. Before this act is done, or the decision made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the persons rights and freedom of action (www3.hants.gov.uk/adult-services/health-wellbeing/adultmh/mental-capacity-act/mca-principles.htm). Case law refers to cases which have changed legislation and the story of an autistic man detained in Bournewood hospital under the Mental Health Act 1983, changed the rights for people who lack capacity. His carers successfully challenged his unlawful detainment and deprivation of liberty, by taking the case to the European Convention of Human Rights (ECHR). In 2004 the European Court judgment of the appeal of R v. Bournewood Community and Mental Health Trust, ex parte L [1998] 3 ALL ER 458, was forced to change and the Bournewood ruling and now provides extra protection for the human rights of people who lack capacity and find themselves deprived of their liberty (Brammer, 2010). There are two statues to consider when looking Helens case, the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) (both amended by the Mental Health Act 2007 (MHA 2007)), which provide different kinds of powers and duties for Social Services with regards to Helens mental capacity. Fennell (2007) indicates that both acts provide safeguarding against arbitrary deprivation of liberty which would contravene Articles 5 and 8 of the Human Rights Act 1998. Helen may be medically fit but mentally not ready to go home and if this were to happen this can delay discharge as this would require waiting for assessments to be completed and therefore, the NHS would now be responsible for the delay. As the service user/patients circumstances would have changed, the NHS would have to withdraw the existing notice and re-notify social services under s.2 of the Community Care (Delayed Discharges) Act 2003. Re-notification of this kind cancels the previous notice and restarts the process, meaning that social services must reassess the patient and, after consulting the NHS body, decide when the patient will be ready to be discharged. Social care services, which are provided by public authorities, provide support for individuals, families, carers, groups and communities. In most cases, whenever you need healthcare, medical treatment or social care, you have the right not to be discriminated against because of your age, race, gender, gender identity,  disability, religion or sexual orientation. On the 1st October 2010, the Equality Act became statute. It provides anti-discriminatory law and has replaced the Disabilities Discrimination Act 1995 and the Chronically Sick and Disabled Persons Act 1970. provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society (http://www.equalities.gov.uk/equality_act_2010.aspx). In summary when Helen is medically fit to leave hospital, social workers are responsible for ensuring the transition from hospital, back home is managed in a sensitive way. Helen is currently receiving meal on wheels and although additional support may be needed it is clear she will require continuing care. This is the name given to the care needed by an adult who requires help over an extended period of time to assist in their daily life. This package of care involves services and funding from both the NHS and Adult Social Care. There are many aspects to consider when working within legal frameworks in Adult Social Care, such as statutory duties, service users rights and tensions which can occur when working a multi-disciplinary setting. In order to determine a sufficient and accurate care plan, the legal statutory duties and the codes of practice laid out by the General Social Care Council should guide practice but ultimately the needs of the services user should be at the fore.

Human Resource Officers and Managers

Human Resource Officers and Managers play a special role in a company or establishment whether it is a school, bank, factory or a firm. They are the ones who screen the aspiring employees of the company. The Human resource officers are the judges in the company whether an applicant has the qualities fitted for the vacancies in their companies. Nowadays, according to the article I have read, there are many changes that happen in the positions of the employees, their roles and their functions in the group.It noted that the changes undergone by the HR officers are not as grand as the other positions of the company. The changes that have gone with the HR officers may not be that big, but the article stated that the company or corporation, no matter how big or small it is must have at least an HR officer in order to have better communications with their heads regarding business matters. I think HR officers are designed to be the bridge of the heads to its subordinates. The HR officers mus t have the qualities like expertise in the communication strategies, managerial skills and the like.HR Managers are now involved in the planning of the organization, setting marketing preferences and also for conducting leadership trainings and programs that will enhance its members and employers to the fullest regarding their works in the industry. There has been a problem to the increasing cost rate of the benefits for employers. Years after years, the benefits that the employers are receiving are getting more expensive, such as for health services and the like. In the present times, the HR Managers must act on it in order to preserve the budgets and assets of the companies they are in.Since employers already know that there are benefits while they are working, it is wrong to cut or halt the benefits they are receiving. Moreover, they might organize a union that could harm the existence of the company. Therefore, there should be ways in order to prevent such things to happen. Also , it is the duty of the HR Managers to help in the brainstorming of the ways to minimize the harm or should we say remove the harm for the company by the increasing benefits that the employers receive.From the article â€Å"The Chief Human Resource Officer†, it can be said that the demand for high quality human resource officers are really needed. The existence of these kinds of people will contribute to the increasing innovations of the companies in the world and might as well lead the company to new working skills that are essential in the workplace. Another article I have reviewed was from â€Å"America’s Retirement: Voice† says that there really is an increase of the benefits that employers received such that of the health insurance benefits which is 8.6% and the pension plans that are occupying the 4. 6% of the total compensations cost. Thus, the benefits mentioned are only for government employers. It said that the two major benefits received by retiring e mployers already exceeded other benefits that other employers receive such as with the paid sick and vacation leaves, and the other insurances issued for those employers who are not retiring. On the other hand, the private sector’s employers receive more benefits in their health insurances that comprise the 5.9% of their payments and the other one is the Social security contributions that in turn get the 4. 9% of the total compensations. Since these benefits are really high, this is now, according to the article, local government officials tend to observe and give focus on it. I can see that the rise for the benefits for the employees happen because the old workers give higher quality product than the work and product of the younger ones. I remember one of my professor’s sayings that â€Å"Quality is measured by age† which may be true in this aspect.Older people might have gotten so many experiences that they already developed the skills that make them assets of the company. Moreover, the older workers only had the capacity to be of good quality since they have been in the company for years and they experience working in the company with or without the innovations. They are more flexible than the younger ones, so the company will of course give them high recognition and importance. The report says that there was a plan of the private sector employers to control the benefits that the retirees are receiving.Their target year was 2003. They already modified their DB (Defined Benefit) plans in order to cater their employers still the benefits they deserve however in a controlled manner. In figure 5 of the report, the graph shows the decline of the DB plans, which is really big. It was a big decrease of the given benefits and they already achieved something out of their planned controlling of the benefits. I think employees are given the privilege to have check – ups once or twice a year in order to detect whether or not they are still f it for the job.Many are already provided health care opportunities and insurances to avoid much leaves and incapacity for the work. Also, the health care insurances might give the option for the employers and employees to avail of the different supplemental foods that could help strengthen the employers. Indeed, HR managers are assets to a company. Even though from one report, I have read that quality HR members are not that easy to be found, and is a problem of some small businesses, it is really needed to have an HR manager with a star quality.I think one way of managing the rising costs of the benefits employers receive is to select a highly recommended HR Manager who can facilitate the dealings of the problem. An HR manager that will give good strategies to solve the problem is in demand with this kind of situation. References Gaylen N. Chandler. Human Resource Management, TQM, and Firm Performance in Small and Medium-Size Enterprises. Entrepreneurship: Theory and Practice, Vol. 25, 2000. Retrieved 10 December 2007 from http://www. questia. com/googleScholar. qst;jsessionid=HdHXPtqRjpHmJQTb6Qy0HHS1MV14B3nmgqh2dqZ4v7FY26fb8xKP! -1609856024?docId=5002378696 The Chief Human Resource Officer. Retrieved 9 December 2007 from http://www. heidrick. com/NR/rdonlyres/91911795-CDC1-4DDD-A820 A6C88D9058BF/0/HS_TheCHRO. pdf Public Sector Retirement. Retrieved 10 December 2007 from https://www. nrsservicecenter. com/content/media/retail/pdfs/REI_report. pdf – Measuring and Benchmarking Benefits. 2004. Retrieved 10 December 2007 from http://www. google. com/url? sa=t&ct=res&cd=2&url=http%3A%2F%2Fwww. iqpc. co. uk%2Fbinary-data%2FIQPC_CONFEVENT%2Fpdf_file%2F4019. pdf&ei=aBldR-2BMYGQgAOk-oC8DA&usg=AFQjCNHX2AxRSau5d9qDHYrSJ1UcaZJW1w&sig2=6a7qJMFG4gHhw4oArdRL4Q

Case Study – Bowel Cancer

Bowel Cancer The bowel is a long tube that is made up of the small bowel, colon and rectum. The bowel absorbs nutrients from food and also processes waste products into faeces to be removed from the body. Bowel Cancer is cancer of the rectum or colon. Bowel cancer develops from small raised growths called polyps which are found in the inner lining of the bowel. These polyps can either be non cancerous and harmless (benign) or they can be cancerous (malignant).All polyps should be removed to reduce the risk of these polyps becoming cancerous or spreading the disease further. Most polyps can be removed without surgery with a procedure called a colonoscopy. If these polyps are not removed, they can grow deeper into the bowel and spread into areas close to the area and later can spread to the liver or lungs. Causes Bowel cancer can be hereditary passed down from a before generation but mainly age and lifestyle factors also contribute to the development of bowel cancer.According to the Be tter Health Channel (BHC)(2011), There is some evidence that having a diet that consists of red meat and drinking alcohol can lead to the cause of bowel cancer. Bowel cancer is more common in people aged 50 years or older. In relation to â€Å"Lou† who is 75, eats red meat from the cattle from his farm and also drinks alcohol, his risk factors for bowel cancer was high. This inability to pass bowel movements showed that he had a very high chance of having bowel cancer. Symptoms * Blood or mucus in the faeces Weakness and paleness * Diarrhoea * Constipation * Finding your faeces are narrower than usual * Feeling that your bowel doesn’t empty completely Prevalence rates According to Bowel Cancer Australia (BCA)(2010), Bowel cancer is the responsible for the second biggest cancer related deaths after lung cancer with 14,234 people being diagnosed with bowel cancer each year and 4047 deaths occurring due to bowel cancer. The older you become the greater the risk of develop ing bowel cancer becomes with Cancer Council Australia CCA)(2011), quoting that 1 in 12 Australians develop bowel cancer before the age of 85. Bowel cancer is the most curable cancer and if detected and removed early, the cure rate is 90%, however in most cases; bowel cancer is detected in its later stage and therefore has a 60% cure rate. Table: Age vs Number of cases. Obtained from Australian Institute of Health and Wellfare (2006). Socio-Ecological Model Socio-Ecological Model (SEM) is a framework that recognises the relationship that is present between an individual and its surrounding environment.This model looks at not only at an individual reducing risk and improving health but also looks at the outer environment. These include the public policy, the community, organisations, interpersonal and the individual themselves. People who are diagnosed with bowel cancer can suffer from psychological problems due to the trauma of going through the procedures when diagnosing the cancer (such as colonoscopy) or from during the procedure where the doctor has to perform surgery on the patient.Mainly psychological affects will come from the fear of death and can lead them to withdraw themselves from friends and family leading to the sufferer not being socially active and not having that connection that is needed to get through the mental trauma that can be associated when dealing with bowel cancer. In this case the SEM can be implemented as for a patient that is suffering from psychological problems as they would need good interpersonal relationships (friends and family) and organisational involvement (social institutions) to be there to help the patient deal with their illness as best as possible.As in the case of â€Å"Lou† from the case study, he is moving 50 km away from his home, friends and family and therefore could lead him to feel that he can’t connect with anyone and lead to emotional and social consequences which include depression. Social Se rvices and Programs There are many support groups and services that are available to help a cancer patient when needed. If these are utilised, it can be beneficial in dealing with the emotional and social impacts that come with the disease.These include: * Homecare: This I when a social worker or nurse provides a cancer patient with their basic needs e. g. running errands, preparing meals, medication delivery and can have regular visits from physical therapists. This is a good asset as patients often feel more comfortable in their own home where they can be close to friends and family. This puts a great demand on other people like social workers, nurses and physical therapists to play a major role for home care to be achieved. This is also applied from the (SEM). Social workers: Can either be seen at home from home care or cancer patients can go see social workers. Social workers can offer counselling, counselling for the future, access to support groups and referrals to specialists . This Is good as it can help a cancer patient during and after they have cancer. * Cancer rehabilitation programs: The Cancer Nutrition Rehabilitation Program gives cancer patients information about diet, physical activity, treatment and other needs to successfully become rehabilitated.The social worker helps the patient obtain the needs necessary and give them general direction on how to become and maintain a healthy state after cancer. Conclusion Bowel cancer can be successfully treated and cured if early detection is made. This early detection will heighten the chances of survival then if it is found at a later stage. Regular checkups for people over 50 years of age are necessary to ensure that this early detection occurs. While an individual is responsible to obtain a healthy lifestyle, other factors need to be taken into account as outlined from the SEM.If individuals and the surrounding environment are linked together as one then becoming and staying healthy can be achieved. Reference List. 1. Polglase A (2010) Let's beat bowel cancer. Australian Pharmacist. Vol 29, issue 5, 414-416. Available from, http://ea3se7mz8x. search. serialssolutions. com/? ctx_ver=Z39. 88-2004;ctx_enc=info%3Aofi%2Fenc%3AUTF-8;rfr_id=info:sid/summon. serialssolutions. com;rft_val_fmt=info:ofi/fmt:kev:mtx:journal;rft. genre=article;rft. atitle=Let%27s+Beat+Bowel+Cancer;rft. jtitle=Australian+P

Beethoven Analysis Essay - Free Essay Example

Sample details Pages: 3 Words: 958 Downloads: 5 Date added: 2019/07/12 Category People Essay Type Analytical essay Level High school Tags: Ludwig van Beethoven Essay Did you like this example? Beethoven completed this symphony during the summer of 1802 in Heiligenstadt, just outside of Vienna. The piece, dedicated to Prince Karl von Lichnowsky, was premiered on April 5th, 1803 and is scored for two flutes, two oboes, two clarinets in A, two bassoons, two horns in D and E, two trumpets in D, timpani, and strings. The Second Symphony is often thought of as the beginning of Beethovens march toward a new domain in the genre, and a decisive departure from tradition. Don’t waste time! Our writers will create an original "Beethoven Analysis Essay" essay for you Create order Although Beethoven wrote this piece at a point of severe crisis, (his plunging into deafness) the music itself does not reflect his condition as many others do. Rather than tragedy and mourning, the listener will hear bright energy [and] calm beauty2 throughout the symphony. The first movement of this piece begins in the calm before the storm. A slow introduction meanders its way toward the first theme, building tension with syncopated rhythms, descending and ascending chromatic runs, and a suite of unexpected dynamic variation. Finally, in measure 33, the first violin quickly descends off a sustained tone, ushering in the first theme of the movement in measure 34. The violas, cellos, and basses erupt out of the slow intro, pushing the melodic line through the lower register while the violins add driving rhythmic accents to establish the ferocity of character that echoes through the whole movement. The theme is presented in a period structure, but the antecedent phrase is temporarily interrupted in measure 40 for five measures of interpolation that add even more tension moving toward the transition. The relatively short theme 1 concludes with a perfect authentic cadence in the key of D at measure 47, and the transition takes off at breakneck pace. The transition uses some thematic material from theme 1, but it could not feel more foreign to its predecessor. Fraught with rhythmic agitation, the key is quickly shifted to d minor, the parallel minor of the original key. The violins introduce a suite of chromatically altered passage work that tonicize non tonic chords and distance the listener further from the first theme, even as its melodic movements are continually fragmented and sprinkled throughout. Held tones in the winds and upper strings increase the intensity and build to measure 61, where the first and second violins scream through one final moving passage that takes us to the key of A in preparation for the second theme. The transition ends in stark contrast to preceding rhythmic excitement with five quarter notes played throughout the ensemble, ending with an IAC in the key of A in measure 73. As theme 2 begins, a listener may believe that a brief respite from intensity is at hand with piano dynamics and a softly ascending melodic line in the woodwinds. This is not the case however, as the antecedent phrase explodes in both volume and rhythm with no hesitation or preparation. This trend is repeated once more, creating a double period from measure 73 to measure 88. Next, a period structure is adopted from measure 88 to measure 95, drastically increasing the rate of change while steadily layering in more voices on the melodic line. A period is introduced in measure 96 with a call and response figure between strings and winds, but is interrupted one measure before its cadence with an interpolation in measures 102-110. The interpolation has the string section leap down to almost complete silence and build up to a huge perfect authentic cadence in A at measure 112, ending the second theme and immediately launching the closing section. From measures 112-138, various voices hold out tonic pedals as the melodic line continues to push toward the development and the harmony moves between V and I to further emphasize the ending of the exposition, and to prepare the listener for the modulation to come. The violins erupt in a flurry of cadential descending eighth notes in measures 126-129 until a surprisingly soft ending closes the exposition at measure 138. In contrast to the exposition, the core of the development was provided no introduction, and the development of theme 1 begins immediately at measure 138. After an initial statement of theme 1s melodic subject, the lower strings begin sequencing the descending quarter note pattern down as the upper strings begin to build rhythmic tension. After a brief period of call and response between upper strings and woodwinds, these roles switch in measure 158, and the upper strings sequence the eighth note pattern upwards as the lower strings provide chromatic tension in long held tones. In measure 182, the subject of the core switches to measures 73-76 from the second theme of the exposition. From measures 182-195, theme 2 is thrown between the flute and fagotti, continuously modulating further from its original key. The upper strings once again build toward a change with an ascending eighth note run toward the beginning of the retransition at measure 198. The retransition introduces even mor e fragmentation and rhythmic agitation until measure 215, where the first violin ushers in the recapitulation in the exact same manner as the expo. The recap passes through its restatement of the expo with almost no variation. Theme one remains the same length and phrase structure, and it is only the beginning of the transition, originally measures 47-64, that are omitted in the recap. Theme two also remains very similar, although the melodic and harmonic lines are transferred across the ensemble. The closing section begins at measure 284, using material from the expo to build toward what the listener would assume to be the end of the piece, but again Beethoven expertly defies expectation, and begins a coda with fragments of ideas from theme 1. Finally, around measure 326, the entire ensemble pushes toward the end with long tones held over frantic trills, building toward a tutti section of eighth note cadential figures at 354 that end the movement with the intensity it deserves.