Wednesday, November 27, 2019

Hume on Induction essays

Hume on Induction essays David Hume argues that, All inferences from experience...are effects of custom not of reasoning (Enquiry, p. 28). This statement can be broken down into two parts: (1) all inductive inferences (inferences from experience) are not rationally justified and (2) all inductive inferences are effects of custom. To understand the first part of our study, we must understand what Hume means by reasoning (i.e. rationally justified). According to Hume, all objects of human reasoning are of two kinds, Relation of Ideas and Matters of Fact (p. 15). The truth of a proposition concerning the Relation of Ideas is discoverable by the pure operation of thought, independent of any existing object; such propositions are validated in that their negation involves or implies a contradiction (p. 15). For example: All black dogs are black; (negation) some black dogs are not black. One need not examine any black dog to ensure of its blackness; moreover, the negation of such a premise would imply a contradiction. Therefore, the proposition that all black dogs are black is justified by reason alone. The truth of statements concerning Matters of Fact is not achieved in the same way as the truth of statements concerning the Relation of Ideas. Statements of Matters of Fact are justified by experience, namely sense perception, memory, and cause-effect reasoning (p. 16). Unlike statements of Relation of Ideas, the negations of Statement of Matter of Fact do not imply any contradictions (p. 16). The following are examples of statements of Matters of Fact: this is a blue chair (depends on sense perception); it rained yesterday (depends on memory); the sun will rise tomorrow (depends on cause-effect reasoning)-again, the negation of any of these does not imply a contradiction in the statement. In his enquiry, Hume notices a difference between the justifications of sense perception and memory compared to cause-effect reasoning. With ...

Saturday, November 23, 2019

Nuclear anxiety in film essays

Nuclear anxiety in film essays The aim of the paper is to discuss the issue around nuclear war and film. During the end of world war 2 Hollywood began to produce a streamline of films, which anticipated the coming of a third world war (Nuclear War). Films such as Dr. Strangelove, When the Wind Blows, Dreams, The Day after, War Games, On The Beach etc. What I will be studying is how these films tend to fall into 3 particular categories. The first category deals with The preparation for a supposed Nuclear attack or war. We will be looking at the film War Games directed by John Badham as our case study. The second category concerns the experiences of a nuclear war. We will be looking at the film When the Wind Blows directed by Jimmy T. Murakami. The third category deals with the aftermath and what happens long after a nuclear war. For this we shall be using the Japanese director Akira Kurosawas film Dreams as our case study. All in all what I will be aiming to discover in these films is how atomic bomb victims are treated within motion picture before during and after the catastrophe. How is the subject of nuclear warfare treated within motion pictures and eventually how do the Hollywood nuclear motion pictures differ to that of the Japanese. When watching the three films I was intrigued by the issue concerning trauma and how it links to the idea of repression within film. All the films I am using in my case study are bombarded with images of trauma and death. It is a talk on what the apocalypse might mean to us and it questions whether we are really prepared for such an event. Even if we were would we be able to resist. When I mention repression I mention it in terms of the fact that in viewing these films we are able to see that victims often tend to ignore the subject of nuclear war. It is often repressed within the society yet the knowledge of it is constantly being spoken of. When watching When the wind blows I was also...

Thursday, November 21, 2019

Applying SWOT analysis to Vauxhall as a firm bases in EU Essay

Applying SWOT analysis to Vauxhall as a firm bases in EU - Essay Example The foremost impact of political policies and regulations is seen on the socially responsible conduct of businesses in the region. Due to the increasing pressure of environmental activists and consumer groups, car manufacturing businesses in the region are forced by the political administration to manufacturer automobiles that are safer with minimum harm the ecological environment (European Monitoring Centre on Change, 2004). Additionally, the Political administration of the region also works together towards providing relief to automobile manufacturing businesses in the form of levies on taxes, easing recruitment regulations and providing incentives for incorporating social responsibility framework in business practices. The economic outlook of EU region is somehow unstable. There are countries in the continental alliance that are experiencing an economic downturn and are forced to provide bail-out plans to businesses in their respective countries. Spain and UK are the biggest example of financially unstable countries in the region. As a result, the purchasing power and spending trends of consumers in financially unstable countries of the region is reflecting a unfavorable trend. On the contrary, the car manufacturers in EU region are considered as a vital economic stimulator. This is because, in the manufacturing of automobiles, the manufacturers utilize other complimenting products such as textile output, aluminum, copper, steel, computer chips, iron, lead, plastic, vinyl and rubber. Considering this assertion, it can be said the car manufacturing is an important driver of the region’s economy (European Commission, 2009). The society in EU region perceives their vehicles to be reflecting their social status. Majority of the societies in EU region prefer vehicles that are environment friendly and designed keeping in view the

Wednesday, November 20, 2019

Legislative Brief Essay Example | Topics and Well Written Essays - 2000 words

Legislative Brief - Essay Example The government needs to take a number of drastic steps in the coming years in order to reduce our dependence on hydrocarbons, plus change the culture of America to make it generally more green. Only then will we turn back the clock on our environmental problems. The world’s climate is changing and the consequences are far reaching. When examining this important issue we must be sure to have our facts straight. Even before looking at the consequences and possible solutions, it is necessary to determine what is causing this phenomenon. Some people say climate change is part of a natural process which happens every few centuries and which caused the ice age and other periods in Earth’s history in which the temperature was different. This might be true. But many scientists believe that human beings cause global warming (Coren). They say it is caused by the huge amount of cars we drive on our roads and by our coal plants and our thousands of factories. These people say we have simply not been good stewards of the Earth and are now responsible for the fact that the surface of the planet seems to be warming because of trapped gases. Our fossil fuel use is the main reason those gases are present. Every time we drive a car to school or work, use electricity, or heat our houses, we are releasing carbon dioxide into the air and making our planet hotter. Another important source of greenhouse gases is caused by deforestation, mainly in the Amazon. There is a lot of money to be made in cutting down trees and planting land for animals to use so the animals can be made into hamburgers at the end of the day. Cattle itself is said by some people to be in part responsible for increasing the amount of methane in the atmosphere (Flannery, 201). So much of what we do to stay alive and to make money appears to be hurting our planet, according to scientists who are increasingly vocal about this important

Sunday, November 17, 2019

The Visions And Intensions Of Karl Marx Essay Example for Free

The Visions And Intensions Of Karl Marx Essay From the content of the Manifesto of the Communist Party, it is seen that Marx and Engels are not talking of any freedom but freedom from exploitation, freedom from class oppression, and freedom from class conflicts. In this sense, society cannot be considered free until it replaced capitalist exploitation with the free collaboration of all members of society. Freedom as deliverance of the worker from capitalist exploitation, is only one, though the most important aspect of his freedom. It cannot be restricted by negative characteristics, as in â€Å"freedom from something†. Freedom makes sense only when man is free not due to negative forces, to deliver him from something or the other, but due to positive forces, to show his real individuality (Hart, 1982). For Marx, freedoms like freedom of religion and the freedom to own property are hollow freedoms. In the manifesto, Marx wrote, â€Å"But dont wrangle with us so long as you apply, to our intended abolition of bourgeois property, the standard of your bourgeois notions of freedom, culture, law, etc. Your very ideas are but the outgrowth of the conditions of your bourgeois production and bourgeois property, just as your jurisprudence is but the will of your class made into a law for all, a will, whose essential character and direction are determined by the economical conditions of existence of your class.† Thus, only in a classless society would a human individual truly gain freedom. Karl Marx and Maximilian Weber are two of the founders of Modern Sociology. Marx and Weber were influential figures during their time, as both were active and visible in German politics. Their words hold a power in them that denotes authority and conviction thus becoming an inspiration or a threat to those who hear and read, yet were also widely criticized and disputed. These two however, as many people believe, share opposing views in many issues, particularly with regards to the controversial debate of capitalism and socialism. Yet they also share commonalities.Karl Marx is popularly known for his works that gave rise to the concept of communism. Marx is in fact trained in the field of philosophy but eventually veered towards economics and politics. Hence for many scholars then and now, he was more of a revolutionary communist than a philosopher. For Marx nevertheless, â€Å"the philosophers have only interpreted the world, the point is to change it,† this he wrote in his Theses on Feuerbach (Wolff, 2003). His most popular work was the Communist Manifesto (1848), which he co-authored with his lifelong friend, Friedrich Engels. Yet according to many academicians, even if the Manifesto is the most famous of Marx’ works, it is not the best material to use to analyze his sentiments and belief. In fact many deem the Economic and Political Manuscripts of 1844 as the heart of Marx’s analysis particularly in relation to economics.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prior to communism, what paved the way to the development of communistic ideas was the theory of Historical Materialism. This is Marx’s version of history, where forms of societies experience a constant rise and fall because that society had grown to inhibit human productive power. During his time, capitalism was the dominant society, thus, capitalism impedes human productivity. What follows the decrease in productivity is a revolution or epoch change because the former society can no longer serve the needs of man. Marx believes that the historical process or the progression or human societies undergoes a series of changes in the mode of production but will eventually culminate to communism; communism will replace capitalism giving rise to a â€Å"society in which each person should contribute according to their ability and receive such according to their need† (Wolff 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Marx’s postulates, though some were regarded as unempirical, were nonetheless necessary, as he was able to discuss economics using â€Å"material bases† rather than relying on philosophical abstractions and dialectics (Kemerling, 2002). Most importantly, his works were viewed as the inspiration for the victory of the Bolsheviks several decades later in the October Revolution. His most notable and recognized ideas is that the Proletariats, Bolsheviks for the Russians, are not given their fair share during the production of commodities, thus there is no harmonious relationship between the capitalist profit earner and the working man and neither will there be an equilibrium in the capitalist market (Weber, 2006). Karl Marx believes that revolution is inevitable. Nations will aspire for a society that fosters equality and progress for everyone and not just the ruling class. This emerges from an uprising from the proletariat as they continue to feel antagonism from the bourgeoisie. Modern day societies, according to Marx, are basically divided into two major classes: the bourgeoisie, or the capitalist, ruling class, and the proletariat, or the working class. With this class distinction, material wealth of a nation is totally controlled by the capitalists, while the working class only depends on salary as they work for the continued wealthy existence of the bourgeoisie. Marx believes that ultimately, the working class will notice the inequalities in their society and will wish to bring about major changes that can only be possible through revolutionary means. (Kemerling). Marx acknowledges the differing ideas on socialism and communism, but eventually concludes that it is through revolution that true communist ideals can be met. Believers in socialist and communist systems assert that antagonism persists as industrial development continues. Since the economic condition does not provide for the emancipation of the proletariat, â€Å"they therefore search after a new social science, after new social laws, that are to create these conditions† (Marx 110). Central to Marx’ concept is class distinction, which has been present throughout the course of history. The modern capitalistic society is itself a product of the feudal society, but has brought about new forms of oppression. Capitalism evolved from feudal concepts and continues to evolve in order to sustain itself – incessantly changing the means of production and exchange. The bourgeoisie has made itself the center of every society in the world as it compelled all nations to follow its model of society – a society that has enormously increased urban population so as to take them away from the simple rural life (Marx 64-64). It has also promoted a mode of production, which it presents to be based on freedom, i.e., free trade and globalization. In the process, the bourgeoisie has given power and wealth to only a few people, that is, the ruling class. On the other hand, the proletariat becomes mere commodities as capitalists continue to look for cheaper labor, and the workers, since they are selling themselves for labor and are competing with other workers for daily sustenance, turn out with lower wages in the end. In the long run, labor becomes more burdensome to the workers even as the wages go down. The economic situation of the working class, as they will eventually discover, is due primarily to the system of production, the system that the capitalists themselves have developed for their own welfare. Marx also notes that even the small shopowners, tradespeople, and handicraftsmen, unable to compete on equal footing against the larger capitalist groups, become part of the proletariat, although they are more conservative, considering only their future interests (70-71). The working class is the revolutionary class that is bound to face the bourgeoisie, starting with small groups until it forms into a national group that will take power from bourgeoisie to centralize all instruments of production. Communists envision a classless society and promote the common interests of the proletariat, and support the overthrow of the capitalists so that the working class will gain power. Marx believes that the communists are the most advanced of all sectors of the working class, as they work towards the abolition of private property, which has been the basis for antagonism of the working class (80-81). Marx predicts that the capitalist society will eventually evolve, leading to its demise as the proletarians resist the system and fight for the emancipation of the working class.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   REFERENCES Hart, M. (1982) The Ranking of the Most Influential Persons in History, Galahad Books, New York City. Kemerling, G. (2002, August 7). Karl Marx. Retrieved Jan. 25, 2007 at:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.philosophypages.com/ph/marx/htm Marx, K. and   Engels, F.   The Communist Manifesto. New York: Simon and Schuster Inc., 1964. Weber, M. (2006, July 30). In Wikipedia, The Free Encyclopedia. Retrieved Jan. 25, 2007 at: http://en.wikipedia.org/w/   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   index.php?title=Max_Weberoldid=66750368 Wolff, J. (2003, August 26). Karl Marx. Retrieved Jan. 25, 2007 at:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://plato.stanford.edu/entries/marx/

Friday, November 15, 2019

columbia :: essays research papers

I would love to visit Columbia, but I would not like to live there. I wouldn’t want to live there because must of Columbia is poverty. One US dollar would equal 2,504.24. So, that means there money isn’t worth a lot. There literacy rate is 91% so they are educated. I would love to visit Colombia because Shakira was born there and she is really hot. I also want to experience a different culture.   Ã‚  Ã‚  Ã‚  Ã‚  One reason I will never live in Colombia is because most of it is poverty. Population below poverty line is 55%. Maybe that's why they have drug cartel. One of the major drugs coming from there is cocaine. So the poor people have nothing to lose and everything to gain. One reason I would love to live there is because if you too $125,000 US dollars that would equal $62,606,000 Colombian pesos. So you would be rich over there. With that kind of money you could buy a mansion and impress a lot of beautiful women.   Ã‚  Ã‚  Ã‚  Ã‚  One reason I would love to visit Colombia is they have really good coffee. Also Shakira was native there; so that means there are more beautiful women over there. I also want to learn some Colombian boxing or other kind of fighting. So that I could have experience when I join UFDC (Ultimate Fighting Championship). It’s no holds bared fighting, I wold also like to take a picture in front of Shakiras old house.   Ã‚  Ã‚  Ã‚  Ã‚  The last reason I want to go visit Colombia is I want to engage in a different culture. Not so much the religion part, but their way of living. I would also love to eat some of their native foods. I want to dress like them because they look funny in the clothes, but they always have a smile on their face. While I’m there why not get some Colombian rum in use, right. I wouldn’t mind boxing and making money to pay for the rum I’ll be drinking.

Tuesday, November 12, 2019

Adoption is a Family Affair!

Joyce Maguire Pavao, the author of â€Å"The Family of Adoption† has been successful in capturing the essence of adoption, the challenges it brings as well as the necessities that would help in handling these challenges.   Being an adopted child herself, she has a great understanding of the challenges and needs, not only of the adopted child, but the adoptive parent and birth parent as well.The book has a more practical and realistic feel since the author willingly shared her own experiences as an adopted child. One characteristic of the book that should be noted is the way the author categorized the whole book.   Covering the essentials not limited to the adopted child alone.The author also generously shared insights about the needs of the birth and adoptive parent.   It is very important to know the rationale behind her principle that the whole process of adoption does not only include the adopted child but the other individual surrounding her as well.   Her book has admirably captured and discussed this principle.In the book, the author well discussed the processes that the birth parent and the adoptive parents.   This part recognizes the fact that even the parents (birth and adoptive) may go through the process of grief and experiences dilemmas as well.In line with this, the book stated that the parents (birth and adoptive) may also need to go through the process of healing.   To further strengthen this fact, the author mentioned that there is a need for the adoptive parent to undergo counseling since this will help the adoptive parent to better understand and have a healthy relationship with the adoptive child.The book mentioned that an adopted child may go through â€Å"developmental stages† such us feelings of loss, experiencing problems in school and the wanting to know about their past.   The author mentioned that the adopted child have every right to know as much about his or her past.The adoptive parents should be open to this fact.   Apart from this, the author was able to clarify the different challenges and developmental stages that the adopted child goes thru.   She said that these are normal.   They may be challenging, but they are a normal process that the adopted child goes thru.In the book, it is stated that adoption â€Å"is not about finding children for families, but about finding families for children.†Ã‚   The items discussed in the book are somehow a reminder that the best interest of the adopted child should always be the priority of the parents.   In the first part of Chapter 1, the author said that â€Å"There have always been mothers and fathers who have not been able to, or not chosen to, or not been allowed to, parent their children†¦Ã¢â‚¬ Ã‚   This is a sad fact that Joyce Maguire Pavao has beautifully placed into proper perspective.The birth parents have had their share of criticism from many because they gave up their child.   But it is important to reme mber that the birth parents have reasons as to why they chose to give up their child for adoption.   Birth parents need the same understanding, perhaps, as that of the adopted child.This book presented us with the reality that adoption is a commitment more than anything else.   It is a process that needs the cooperation of both the birth and adoptive family of the child.Openness of both families is essential to the growth and better development of the child.   It is important to accept that the adopted child will go thru confusing stages that may prove to be a challenge for the parents.But because of the commitment that the parents choose to make, these challenges, when faced properly, may prove to be the cause of a better relationship with the child.  Ã‚   While the family (parents and child) are going through the different challenges that the process of adoption brought about, it is critical for the parents to remind themselves that the best interest of the child should al ways be the main concern.A lot of people have different opinion with regards to adoption.   Some may even have negative notions about it.   Apart from the usual challenges that an adoptive parent may face while going through the process of adoption, the opinions and reactions of the people around them is another thing that they would need to deal with.It is not enough that the adoptive couple alone understand and is happy about adopting.   It is vital that they have the support and understanding of the people they care about.The book â€Å"Adoption is a Family Affair† is perfect for the families and friends of the adoptive couple.   Patricia Irwin covered the different areas that families of the adoptive parents should know about.   Areas such as who can adopt, reasons behind the decision of adopting, kids understanding adopting and much more.She made the whole adoption process something that can be and should be shared amongst family members and even close friends.    This book is a helping hand to the families and close friends of the adoptive couple, for them to better grasp then reality of and better understand the decision made by their loved one.Patricia Irwin herself is an adoptive parent, given this, she may as well have experienced the confusions of her family and friends about her decision to adopt.   She has a clearer understanding of the need for the people who the adoptive couple cares about to know as much fact as possible with regards to adoption.It is important that the author pictured in the very beginning of her book that there can be a negative reaction from the people the adoptive parents care most about when the couple decides to share the information of adoption to them.   Like most of us, of course we would love for it for the people we equally love to feel the happiness and excitement we feel when we decide to adopt.   And as the author clearly illustrated, this is not always the case.The book acknowledges valid fears and concerns of the families and friends of the adoptive parents.   Some of the valid concerns that the author discussed were the permanence of adoption, whether the child will be different from them or will not fit, the racial difference, should grandparents include the adopted child in their will, how can the family have deeper bonds with the child, etc.These are all valid concerns and important.   In fact, the adoptive couple may have thought about all these things themselves.Patricia Irwin was great in giving solutions or suggestions on how to deal with these fears and concerns.   Some of her solutions were as simple as the family members spending time with the child to create a deeper bond, giving assurance to the family members that adoption is permanent, and the like.One interesting part of the book is where the author gave examples of the possibly irritating comments given by friends and relatives of adoptive couples upon knowing of the couples’ decision t o adopt.   These comments show how uninformed some people are about adoption.   It illustrates how some people, no matter how closely related they may be to the adoptive couple, can be insensitive about the whole adoption process.There were financial related comments where it appears as if the child is someone the adoptive couple picks from a shelf display of children and pays for it at the counter.   Some comments were just downright insensitive and would not be expected to have come from well educated individuals.Of course, we cannot expect everyone to be knowledgeable about adoption.   As the book illustrated, the families and relatives of the adoptive couple may be confused and misinformed about adoption.This book has truly been informative and is useful for the family and friends of the adoptive couple.   It plainly made clear the issues that the adoptive couples may go through in connection with the possible reactions, confusions and hesitations of the people around them who they wish to be a part of the adoption process.Reference ListPavao JM. The Family of Adoption. Boston: Beacon Press; 2004Johnston PI. Adoption is a Family Affair. Indianapolis: Perspective Press;

Sunday, November 10, 2019

Law and Legal Instrumentalism

Law, a set of coherent rules and values within a society, is a human process. As such, it is crucial to approach its application within society in a pragmatic and realistic sense rather than a formal one, which views law as a set of mechanical and abstract principles. A legal realist approach on law takes into account extra-legal factors which help shape how law is used within a social context. This approach does not view the discipline of law as a literal set of principles to be formally detected and applied, but recognizes that the interpretation of law by legal actors is manipulated by situational factors.BrianTamanaha in Law as a Means to an End: Threat to the Rule of Law examines how law, originally understood as an â€Å"instrumental to serve the social good†, is now just a mere instrument to further the goals and agendas of those who have access in its use (Tamanaha, 4). In essence, the notion of a common â€Å"social good† is no longer a qualifiable condition of law. In a complex, multi-faceted society, it is optimistic to presume that there is a true identifiable social good. Thus, lawyers, legislatures, judges and other legal actors are capable of using law to further their personal or collective political, social and economic interests.Tamanaha examines the ways in which legal actors, specifically cause litigants and judges, instrumentally exercise law. Thus, the term instrumentalism, a form of legal realism, is a pragmatic method which stems away from a formal application of law by critically examining cause litigation and judicial activism. Although law may be used as a mechanism to achieve a certain outcome, it is not used lawlessly and without merit as lawyers are advocating for a broad social cause and judges use law based on the merits of the constitution, given the benefit of time and postulated reason of their decision making.Brown, a case regarding segregation within the United States emerged with lawyers stirring up lawsuits b y informing African American citizens of their legal rights (Tamanaha 159). The process of instigating litigation was previously prohibited in common law practice; it was not professionally ethical for lawyers to set lawsuits in motion. However, it became increasingly common for lawyers to achieve change in public policy and legislation by fighting for a specific cause within the judicial arena. This ethod was forward-looking in that the courts became a battle field for interest groups seeking remedial change; the decision of the law was not necessarily to compensate for any harm inflicted in the past, but to change the policy in the future. This expansion from the traditional bilateral litigation no longer was to award the affected parties with compensation, but became a method to attain a reformative decree (Tamanaha 161). Eventually, cause litigation was an encouraged means to advance societal goals, in the sectors of environment protection, political reform and mental health, to name a few (Tamanaha 160).Although such issues of public policy appear to benefit society as a whole, the intent of the cause lawyers who instigate such legal actions is questionable to Tamanaha. The lawyers in these situations are no longer amoral technicians of law, but individuals who seek their own ideological implementation (Tamanaha 156). The cause which lawyers strive towards becomes the primary concern, whereas the clients themselves are secondary, fulfilling the standing requirement before the court (Tamanaha 156).This can be very detrimental to the clients because they may not be aware of the consequences of their legal actions. For instance, Baehr v. Lewin, 1993 was a successful lawsuit brought forth to legalize same-sex marriage in Hawaii. Although the litigants won, the ultimate consequence was detrimental; following it was a series of amendments nation-wide which prohibited same-sex marriage (Tamanaha 167). The battlefield within the court became not a place to determ ine legal rights, but a remedial catalyst in public policy. Such political battles focus on adversarial ideologies rather than legal rules and merit.However, the work of cause litigants cannot be narrowly categorized as one that is purely self-serving. More often than not, cause lawyers instigate lawsuits by informing the oppressed and disadvantaged of their rights. By doing so, they use law to encourage political change to the otherwise uninformed public. These causes often grow to become social movements as it â€Å"provides the basis for a sustained series of interactions between power holders and persons successfully claiming to speak on behalf of a constituency lacking formal representation (Austin 2)†. This formal epresentation demands change from the power holders with a strong backing of social support. Often, these groups lack the resources and skills which lawyers can provide, offering their advice to enlighten the marginalized group to â€Å"initiate and nurture p olitical mobilization† (Austin 4). The instrumental use of law by judges is immensely threatening to the judicial system and to a democratic society as a whole. Judges who use law to achieve a certain outcome undermines the rule of law. The legal system requires that judges be objective arbitrators of the law.As independent bodies, it is essential that they remain impartial in their decision making and delegate based on rule, and not personal preferences (Tamanaha 227). This is a crucial aspect of the rule of law, which binds the action of the state to pre-fixed rules, placing judges equal under and before the law, just as all other subjects of society. The rule of law ensures transparency and predictability which prevents the government from ruling coercively. It is an essential component to a democratic state.However, when judges decide a cases, they may be inclined to achieve a particular result. In essence, they are using laws to achieving another end, namely one that stre ngthens their own ideological beliefs and interests. Whether it is a certain political philosophy or a particular social policy which they seek, arbitrarily decided cases and manipulated law enforcement defeats the characteristics of the judicial branch of the state. Because there is no particular hierarchy of values, judges are able to promote some while extinguishing others.The general terms of legal rules allows judges to focus on the consequences of their decision. Their decisions will naturally be based on their political affiliations or ideological tendencies. Consequently, it is difficult to believe that judges are truly impartial in decision making. The result of judicial activism is that private attitudes become public law (Tamanaha 234). Furthermore, the procedural process of the case takes a backwards approach; the decision is made first, then it is justified by the legal rules which judges find applicable (Tamanaha 236)Nevertheless, there is a certain form of procedure w hich judges are bound to. Although values are not ranked hierarchically, there are two forms of rights obtained from the constitution: specified rights and secondary rights (Bork 17). The latter is of utmost importance as it addresses the values held by the constitution, such as the right to vote or procedures in criminal processing, all which the courts need to protect (Bork 17). The former alludes to the principled rules which the original framers of the text intended to convey (Bork 17).Because constitutional law does not have a concrete theoretical premise on which adjudicators are required to base their decision making processes on, they are founded on neutral principles. That is, issues are addressed based on general principles postulated on reason to ensure that conflicting values are not lawlessly chosen over one another (Bork 2). Granted, there are adversaries in the legal principles to which judges ascribe. Therefore, it is critical for the judges to recognize that in deci ding cases, they are setting legal precedent, and therefore should have a firm belief that the values being applied are done so lawfully.These beliefs are in relation to the legal system as a whole, not their personal preferences (Bork 2). Ultimately, Bork’s concern lies not with the decisions made by judges but what makes their decisions legitimate. The courts essentially work as advocates for the minority who otherwise would have no say on the issue at hand. Helping the powerless realize their rights is a form of advocacy that judges take. It is not about undermining the rule of law, but giving opportunity to access the law (Bork 3).Nevertheless, it is crucial for judges to base their decisions off of neutral principles; just as principles and values cannot be applied lawlessly, they just the same cannot be defined lawlessly (Bork 8). The critical examination of judicial review goes beyond it’s obvious implications and expositions of undermining the rule of rule. It is unfair to presume that judges are completely unreasoned in their decision making. There is a level of predictability as judges are bound to legal precedent and cannot decide cases in an tyrannical manner.Although the courts are not elected officials who are granted the power to delegitimize legislation, they are in many ways better equipped in making such decisions. For instance, the courts are distanced from political or social pressure allows them to make sound decisions in a timely matter. Elected officials tend to act on expediency and pressure when it comes to making value-based decisions (Bickel 25). Essentially, they are inclined towards one side of the issue in order to appeal to the interest of the predominate voters, as opposed to abiding to the fundamental values of law (Bickel 25).Judges on the other hand make decisions far from societal pressures, with more leeway in terms of time. This gives the courts the ability to make more calculated decisions, taking into consi deration not only the fundamental values of the state but also the unforeseen implications of a decision. (Bickel 26) In dealing with the pith and substance of a case, decisions are argued to be â€Å"sober second thoughts† (Bickel 26). Ultimately, the use of law within a judicial context by judges and lawyers is not an arbitrarily unfair process.Such legal actors are bound to the values of the laws within society. Such values are premised on the rule of law, the foundational concept of a democratic society. Cause litigants are often involved in social issues and advocate for those who require a formal delegate. These cause lawyers may use law in such a way to achieve a certain outcome, but this outcome results in change in public policy to those who are otherwise be unaware of their legal rights. Moreover, although judges may have their own social desires and political preferences, they cannot easily sway towards them.Their professional duty requires them to be consciously r ule-bound and rely on the precedent. Further, the basis of their decision is on neutral principles. Such principles are not vague and abstract, but stem from the precedent of previous judges in common law. Instrumentalism is pragmatic in that it recognizes that law is not a math; there is not a formula which judges rely on. However, social movements and changes through the judiciary ensures that fresh insight is continuously brought about within society, giving room for social change and progress.

Friday, November 8, 2019

Geography of Burma or Myanmar

Geography of Burma or Myanmar Population: 53,414,374 (July 2010 estimate)Capital: Rangoon (Yangon)Bordering Countries: Bangladesh, China, India, Laos, and ThailandLand Area: 261,228 square miles (676,578 sq km)Coastline: 1,199 miles (1,930 km)Highest Point: Hkakabo Razi at 19,295 feet (5,881 m)Burma, officially called the Union of Burma, is the largest country by area located in Southeast Asia. Burma is also known as Myanmar. Burma comes from the Burmese word Bamar which is the local word for Myanmar. Both words refer to the majority of the population being Burman. Since British colonial times, the country has been known as Burma in English however, in 1989, the military government in the country changed many of the English translations and changed the name to Myanmar. Today, countries and world organizations have decided on their own which name to use for the country. The United Nations for example, calls it Myanmar, while many English speaking countries call it Burma.History of BurmaBurmas early history is domi nated by the successive rule of several different Burman dynasties. The first of these to unify the country was the Bagan Dynasty in 1044 CE. During their rule, Theravada Buddhism rose in Burma and a large city with pagodas and Buddhist monasteries was built along the Irrawaddy River. In 1287, however, the Mongols destroyed the city and took control of the area.In the 15th century, the Taungoo Dynasty, another Burman dynasty, regained control of Burma and according to the U.S. Department of State, established a large multi-ethnic kingdom that was focused on expansion and the conquest of Mongol territory. The Taungoo Dynasty lasted from 1486 to 1752.In 1752, the Taungoo Dynasty, was replaced by the Konbaung, the third and final Burman dynasty. During Konbaung rule, Burma underwent several wars and was invaded four times by China and three times by the British. In 1824, the British began their formal conquest of Burma and in 1885, it gained full control of Burma after annexing it to British India.During World War II, the 30 Comrades, a group of Burmes e nationalists, attempted to drive out the British, but in 1945 the Burmese Army joined British and U.S. troops in an effort to force out the Japanese. After WWII, Burma again pushed for independence and in 1947 a constitution was completed followed by full independence in 1948.From 1948 to 1962, Burma had a democratic government but there was widespread political instability within the country. In 1962, a military coup took over Burma and established a military government. Throughout the rest of the 1960s and into the 1970s and 1980s, Burma was politically, socially and economically unstable. In 1990, parliamentary elections took place but the military regime refused to acknowledge the results.During the early 2000s, the military regime remained in control of Burma despite several attempts for overthrow and protests in favor of a more democratic government. On August 13, 2010, the military government announced that parliamentary elections would take place on November 7, 2010.Government of BurmaToday Burmas government is still a military regime that has seven administrative divisions and seven states. Its executive branch is made u p of a chief of state and head of government, while its legislative branch is a unicameral Peoples Assembly. It was elected in 1990, but the military regime never allowed it to be seated. Burmas judicial branch consists of remnants from the British colonial era but the country has no fair trial guarantees for its citizens.Economics and Land Use in BurmaBecause of stringent government controls, Burmas economy is unstable and much of its population lives in poverty. Burma is however, rich in natural resources and there is some industry in the country. As such, much of this industry is based on agriculture and the processing of its minerals and other resources. Industry includes agricultural processing, wood and wood products, copper, tin, tungsten, iron, cement, construction materials, pharmaceuticals, fertilizer, oil and natural gas, garments, jade and gems. Agricultural products are rice, pulses, beans, sesame, groundnuts, sugarcane, hardwood, fish and fish products.Geography and Climate of BurmaBurma has a long coastline that borders the Andaman Sea and the Bay of Bengal. Its topography i s dominated by central lowlands that are ringed by steep, rugged coastal mountains. The highest point in Burma is Hkakabo Razi at 19,295 feet (5,881 m). The climate of Burma is considered tropical monsoon and as such it has hot, humid summers with rain from June to September and dry mild winters from December to April. Burma is also prone to hazardous weather like cyclones. For example in May 2008, Cyclone Nargis hit the countrys Irrawaddy and Rangoon divisions, wiped out entire villages and left 138,000 people dead or missing.ReferencesCentral Intelligence Agency. (3 August 2010). CIA - The World Factbook - Burma. Retrieved from: https://www.cia.gov/library/publications/the-world-factbook/geos/bm.htmlInfoplease.com. (n.d.). Myanmar: History, Geography, Government, and Culture- Infoplease.com. Retrieved from: infoplease.com/ipa/A0107808.html#axzz0wnnr8CKBUnited States Department of State. (28 July 2010). Burma. Retrieved from: state.gov/r/pa/ei/bgn/35910.htmWikipedia.com. (16 August 2010). Burma - Wikipedia, the Free Encyclopedia. Retrieved from: http://en.wikipedi a.org/wiki/Burma

Tuesday, November 5, 2019

flagburning essays

flagburning essays IS FLAG BURNING PROTECTED BY THE FIRST AMENDMENT? "If a jerk burns a flag, America is not threatened. If a jerk burns a flag, democracy is not under siege. If a jerk burns a flag, freedom is not at risk and we are not threatened. My colleagues, we are offended; and to change our Constitution because someone offends us is, in itself, unconscionable," It has been held by the United States Supreme Court that burning an American flag as means of expression or peaceful political protest is an act that is fully protected under the first amendment. Government does not have the power to prohibit flag burning simply because they, or anyone else, may find it offensive. However, other laws or ordinances such as arson laws or rules governing the use of fire in public places may still be applicable. In 1989, a man by the name of Gregory Lee Johnson was active in a political protest. When the demonstration was over, Johnson set fire to and burned the United States flag in front of the Dallas City Hall. Surrounding protesters chanted "America, the red, white, and blue, we spit on you." While watching the flag go up in flames. Katsh 128 Johnson was arrested for violating a Texas flag desecration statute. He was convicted, sentenced, and fined. The court of appeals for the Fifth District of Texas upheld the conviction. The Texas Supreme Court of Criminal Appeals, however, reversed the decision holding that the conviction violated Johnson's rights guaranteed under the first amendment. When the case made it to the United States Supreme Court, it was decided that such a statute violated the first amendment, and that Johnson had indeed been wrongly convicted. Supreme Court Justice William Brennan stated that "interest in preserving the flag as a symbol of nationhood and national unity [does not] justify his criminal con ...

Sunday, November 3, 2019

Module 8 Essay Example | Topics and Well Written Essays - 1250 words

Module 8 - Essay Example It is also common for temple walls to be adorned with sculptures of scroll-like foliage, images of women, and couples exhibiting romantic scenes. These human figures are voluptuous, curved, and appear to be in perpetual motion, representing growth, prosperity, and abundance, and were regarded as auspicious motifs (India Netzone,2009). A famous example of a temple with ornate scenes from the Ramayana and the Mahabharata is the Virupaksha temple, the biggest temple located in Pattadakal which is a World Heritage Site. Another, the Hutchimali Temple, displays a sculpture of Vishnu sitting on top of a large cobra. A third, the Ravalphadi cave temple, is a celebration of the many forms of Shiva. These temples depict the gods in human forms or derivations thereof – e.g., Vishnu is sometimes shown as a male form with four arms representing his wide-reaching power. The human form is therefore deified in Hindu architecture. References: Acharya, Prasanna Kumar (1946). An Encyclopaedia o f Hindu Architecture. Oxford University Press. India Netzone (2009) ‘Hindu Art’. IndiaNetzone. 10 Aug 2009. Retrieved 9 October 2012 from http://www.indianetzone.com/42/hindu_art.htm Rajan, K.V. Soundara (1998). Rock-Cut Temple Styles. Somaiya Publications: Mumbai. ISBN 81-7039-218-7 http://www.google.com.ph/imgres?um=1&hl=en&client=firefox-a&sa=N&rls=org.mozilla:en-US:official&biw=1036&bih=602&tbm=isch&tbnid=7XMgE3Kxs5sNSM:&imgrefurl=http://www.viasingapore.com/author/admin/&docid=6C8I_lf8GUOvbM&imgurl=http://www.viasingapore.com/wp-content/uploads/2012/09/vacation_645x320-1.jpg&w=645&h=320&ei=gyF5UPHFK8HPrQetoYHYCw&zoom=1&iact=hc&vpx=114&vpy=331&dur=1799&hovh=158&hovw=319&tx=127&ty=136&sig=113358727395579824739&page=1&tbnh=133&tbnw=266&start=0&ndsp=16&ved=1t:429,r:11,s:0,i:100 Category B (3) Discuss the contemporary art of Meera Mukherjee's Ashoka at Kalinga. How does her art embody the past with the present? Meera Mukherjee is a modern Indian sculptor whose artistic efforts were directed at incorporating local, traditional, and non-western themes and techniques, with those of the international, modern, and western approaches. Her masterpiece, Ashoka at Kalinga, exhibits both the influences of her German training and her stay with the Bastar tribe in central India, where she studied their unique method of casting bronze. Ashoka was a great emperor who ruled during the 3rd century B.C., specifically the last major emperor of the Mauryan dynasty. The conquest of Kalinga, a country on the east coast; the battle was Ashoka’s only aggressive war. It lasted a full year and turned out triumphant but bloody, during which 100,000 people were slain, 150,000 were taken into captivity, and an untold number died of starvation. Severely distressed by the violence of war, Ashoka thereafter rejected war and adopted Buddhism as his empire’s official religion. Drawing upon this significant segment of India’s history, Mukherjee used Ashoka at Kalinga as a means of peaceful protest against the political violence in late 20th century India. By depicting a moment in her country’s past through her sculpture, she was able to make a connection with the present events with the same timeless message – the rejection of violence. Aside from the theme, Mukherjee

Friday, November 1, 2019

Implementing an Environmental Management System Essay

Implementing an Environmental Management System - Essay Example The process that is going to be described in this paper on how to create an EMS and implement the system is based on the recommended EPA processes and guidelines. The four-phase EMS implementation process has the following four steps: getting ready, plan, do, check & act (Peercenter, 2009). In the first phase of the process, the manager has to recognize that each company has unique needs and the system must be tailored made to cover those needs. The objectives, challenges, and potential benefits must be established. The company also has to establish the reasons for implementing the EMS. The reasons may vary but include: improving public image, reduce environmental pollution, and business politics among others. During the first face, the company has to select the activities or operations where the EMS will apply. The activities and operations selected have to be reasonable as far as the system is able to manage the tasks needed to achieve environmental improvements. The cost of opport unity cannot exceed the benefits achieved from implementing the system. The company has to create a new job position for an employee to be the official EMS representative that coordinates the efforts of the system. The EMS representative has to select a core team of employees for the project and he must also choose and implementation team. The first step of phase II is designing an environmental footprint which is basically the environmental aspects the EMS impacts. Reduced energy consumption and lower CO2 emissions are two examples of environmental aspects. The second step is to identify the hot spot areas of each aspect within the organization. The hot spots must meet the significant criteria the EMS core team established.Â