Characterization Of Finny Essays - Phillips Exeter Academy

Characterization of Finny In a Separate Peace by John Knowles there is a character Phineas other wise known as Finny. Finny is an honest and ignorant charismatic young boy of 16 who is outgoing. Finny is unknowing of his ability to manipulate people. Finny is a lover of basic simple life. This story is set in a New England Prepschool. Finny and Gene are the best of friends. Making their contribution to the war effort by simultaneously jumping out of a tree, Gene jounces the limb and causes Finny to fall and break his leg. Gene jounced them limb on purpose. Finny is in denial when Gene tells him the truth. Finny goes into a torrent falls down the stairs and breaks his leg again. The story is centered around Gene causing Finny to fall and Finny accepting the truth. Finny is honest in many ways he is honest with himself and what he believes in, he is also honest with the people in his surroundings. ? It's you pal Finny said at last just you and me. He and I started back across the fields, preceding the others like two seigneurs. We were the best of friends that moment. You were very good , said Finny good naturally , once I shamed you into it. You didn't shame me into anything. Oh yes I did. I'm good for you that way you have a tendency to back away from thing otherwise. I never backed away from anything in my life! I cried, my indignation at this charge naturally stronger because it was true.? This is a classic example of Finny's honesty. He is being honest with himself about why his best friend Gene Forrester did not jump from the tree. He is also being honest with Gene. ?Finny didn't really dislike West Point in particular or authority in general, but he just considered authority the necessary evil against which happiness was achieved.? This is another example of Finnys Ignorance. He doesn't know any better than to think that authority is an evil. Finny Finny does not realize his powers. He has the power to manipulate people into his side of the story with out even trying or thinking about it. Our absence from dinner had been noticed. The following morning?the clean-washed shine of summer mornings in the north country?Mr. Prud'homme stopped at our door. He was broad-shouldered, grave, and he wore a gray business suit. He did not have the careless, almost British look of most of the Devon masters, because he was a substitute for the summer. He enforced such rules as he knew; missing dinner was one of them. We had been swimming in the river, Finny explained; then there had been a wrestling match, then there was that sunset that anybody would want to watch, then there'd been several friends we had to see on business?he rambled on, his voice soaring and plunging in its vibrant sound box, his eyes now and then widening to fire a flash of green across the room. Standing in the shadows, with the bright window behind him, he blazed with sunburned health. As Mr. Prud'homme looked at him and listened to the scatterbrained eloquence of his explanation, he could be seen rapidly losing his grip on sternness. ?If you hadn't already missed nine meals in the last two weeks . . .? he broke in. But Finny pressed his advantage. Not because he wanted to be forgiven for missing the meal?that didn't interest him at all, he might have rather enjoyed the punishment if it was done in some novel and unknown way. He pressed his advantage because he saw Mr. Prud'homme was pleased, won over in spite of himself. The master was slipping from his official position momentarily, and it was just possible, if Phineas pressed hard enough, that there might be a flow of simple, unregulated friendliness between them, and such flows were one of Finny's reasons for living. This quote is a great explanation of Finnys character, because it shows Finnys power of manipulating people in use. Finny is able to manipulate people at a whim. When Finny uses his powers to try to achieve a friendship with Mr. Prud'homme explains Finny's

Free Essays on Declaration of Independence

Declaration of Independence The King of Britain has committed many injuries and usurpation’s on the 13 Colonies, for he is a prince-whose character is thus marked by every act which may define a tyrant. The Declaration of Independence, was written to establish the basis of the revolution that the colonists were planning, and enacting, it expressed the reasons for which the colonists claimed as factors for their wants to be independent. The document was divided into three major parts: the first section contained a statement of principle that discussed the rights of man and the legitimacy of revolution; the second presented a long list of grievances that provided the rationale for rebellion; and the third/last portion of the declaration included the formal announcement of independence. The 1st Section of the Declaration discussed the rights of man and the legitimacy of revolution. The Declaration most significantly declared that â€Å"All men are created equal† and that they are endowed by their Creator with certain rights to enjoy â€Å"life, liberty, and pursuit of happiness.† Moreover, the Declaration argues that government must be representative of the people and is limited in power by a recognition of basic political rights. If when a government violates these people’s natural rights, the people have the additional right to hereby â€Å"alter or to abolish that government.† Thereof, the wanting of a â€Å"Democracy† among the 13 colonies. In contrast, the present King of Great Britain has forever elongated a series of usurpation’s that evinces a design to increase absolute despotism by neglecting to attend to the needs of his colonies and to their o so unalienable rights. Evenmore, controversial to the accusations made against the present King were a long list of specific grievances that provided the rationale for rebellion. These grievances were evidence to evince that the colonists rights... Free Essays on Declaration Of Independence Free Essays on Declaration Of Independence The Declaration of Independence was written to show a new theory of government, reasons why they were separating from England, and a formal declaration of war. It gave the 13 colonies freedom from England's laws. The man responsible for writing the Declaration was Thomas Jefferson. He wrote the Declaration between June 11, 1776 and June 28, 1776. Benjamin Franklin and John Adams looked at what Jefferson had written and made some changes to the Declaration. On July 4, 1776 Congress adopted the Declaration and it was signed by: John Hancock, Button Gwinnett, Lyman hall, George Walton, Wm Hooper, Joseph Hewes, John Penn, Edward Rutledge, Thos Heyward Jr., Thomas Lynch Jr., Arthur Middleton, Samuel Chase, Thos. Stone , George Wythe, Charles Carrol of Carrollton, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thos Nelson Jr., Francis Lightfoot Lee, Carter Braxton, Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer Smith, George Taylor, James Wilson, Georg e Ross, Caesar Rodney, George Read, Tho M. Kean, Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis Morris, Richard Stockton, Jno.WItherspoon, Fras. Hopkinson, John Hart, Abraham Clark, Josiah Bartlett, Wm. Whipple, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry, Stephan Hopkins, William Ellery, Roger Sherman, Samuel Huntington, Wm. Williams, Oliver Wolcott, and Matthew Thorton. The reason people wanted the Declaration was because the people thought that they had the right to be free from England and to be their own individual colonies with their own laws. Other things leading up to independence were that the British government had committed acts that many colonists believed violated their rights as English subjects. Also that colonial blood had already been shed trying to defend these rights. The French & Indian war was the war that shed colonists blood to defend their rights. The Declaration of Independence served three major purposes. 1. Pream... Free Essays on Declaration Of Independence Declaration of Independence The King of Britain has committed many injuries and usurpation’s on the 13 Colonies, for he is a prince-whose character is thus marked by every act which may define a tyrant. The Declaration of Independence, was written to establish the basis of the revolution that the colonists were planning, and enacting, it expressed the reasons for which the colonists claimed as factors for their wants to be independent. The document was divided into three major parts: the first section contained a statement of principle that discussed the rights of man and the legitimacy of revolution; the second presented a long list of grievances that provided the rationale for rebellion; and the third/last portion of the declaration included the formal announcement of independence. The 1st Section of the Declaration discussed the rights of man and the legitimacy of revolution. The Declaration most significantly declared that â€Å"All men are created equal† and that they are endowed by their Creator with certain rights to enjoy â€Å"life, liberty, and pursuit of happiness.† Moreover, the Declaration argues that government must be representative of the people and is limited in power by a recognition of basic political rights. If when a government violates these people’s natural rights, the people have the additional right to hereby â€Å"alter or to abolish that government.† Thereof, the wanting of a â€Å"Democracy† among the 13 colonies. In contrast, the present King of Great Britain has forever elongated a series of usurpation’s that evinces a design to increase absolute despotism by neglecting to attend to the needs of his colonies and to their o so unalienable rights. Evenmore, controversial to the accusations made against the present King were a long list of specific grievances that provided the rationale for rebellion. These grievances were evidence to evince that the colonists rights... Free Essays on Declaration of Independence In 1775 Thomas Jefferson wrote the Declaration of Independence. The purpose of the Declaration was to declare and explain why the thirteen colonies were breaking away from Great Britain’s control. In this essay I will explain how Jefferson uses rhetorical strategies to make his document persuasive. Jefferson starts off the Declaration of Independence by explaining why he is writing this manifesto. He starts to tell what is wanted by the colonies. He talks about the rights and powers they are deserved and should have. Jefferson says, â€Å"†¦, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of happiness† (591). He then goes into tell how it’s also the right of the colonies to break away form Great Britain if Great Britain is not treating the colonies well. Jefferson says, â€Å"That whenever any Form of Government becomes destructive of these ends, it is the Right of People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness† (592). Jefferson tries to appeal to the reader by telling what the thirteen colonies should have. H e talks as if it is their Gods given right to be free. The middle of the Declaration of Independence is where I think he makes his biggest point. Jefferson tells about all the things that Great Britain does wrong. He uses a very repetitive style to kind of bang it into your head. Every fact he states he starts off the sentence with â€Å"He has† or â€Å"For†. When writing the Declaration of Independence Jefferson uses a third of this document just to list all the hardships the colonies go through. It seems he really wanted to get the point through that the colonies are not being treated correctly. He tells about such things as, â€Å"For cutting off our trade with all parts of the wor...

The Tattooed Soldier Essay Example | Topics and Well Written Essays - 750 words - 1

The Tattooed Soldier - Essay Example The story is based on two men who are haunted and the disastrous intersection of their lives. Antonio Bernal, who lives in San Cristobal Acatapan, is seen packing his worldly belongings in an untidy apartment full of blood, and this is after his wife and kid of two years old were killed by a death squad. This was the main reason that made him leave Guatemalan for the fear of being attacked. His mind is full of memories of that fateful day; his freaked flight; and the yellow tattooed killer that he managed to see. As he strolls, he joins the evicted community that comprised of individuals from every situation conflicting the tides of bad luck with scrapings of tins and cardboards and humor and friendship. The writer in his fiction debut brings the metropolitan landscape to persistent life on the page and reveals that the inner setting of his characters with stunning precision and immediacy (Tober, 1). This novel is a fascinating story of revenge set on the lowermost rung of Los Angeles social ladder, within the hardscrabble lives of the homeless and illegal immigrants. The tattooed killer known as Guillermo Longoria was the veteran of the death squad in Guatemalan that was aimed at driving out the contamination of socialism. Furthermore, as Antonio strolled he saw Longoria calmly eating a chocolate flavored ice cream in the city center at a place known as MacArthur and he was thrilled with the likelihood of revenging his loved ones. He even went to the extent of acquiring a gun so as to use it in his mission of revenge to the death of his wife and child. This was not his wish, but circumstances had started converting him to a retaliator. Accordingly, â€Å"During the day, soldiers dressed as civilians came to kidnap professors and students† (87). In addition, Longoria, who was a peasant farmer and involuntarily joined the army, nevertheless, in the end he developed to love the authority it gave him.

Intel in early 1990s Essay Example | Topics and Well Written Essays - 1750 words

Intel in early 1990s - Essay Example In this essay, let us examine some of these policies in early the 1990s that have made Intel the industry leader it is today and the organizational consequences they brought about. 1. Diversification: Due to intense invasion of the Japanese in the memory market, Intel decided to cut its losses and phase out its DRAM product. It shifted its focus to manufacturing of CISC (Complex Instruction Set Computer) processors with renewed vigor and this became Intel's largest source of revenue. It had also lined up secondary products like Flash memory and RISC(Reduced Instruction set Computer) processors. Intel began calling itself "The Microprocessor Company" .By pushing both its CISC and RISC technology, Intel hoped to maintain its dominance in processor market.(Dakota Hatch(October 2004). 2. Innovation: Innovation has always been Intel's ace in the sleeve .By its passionate pursuit of the latest and greatest in technology and futuristic vision, it has carved itself an undeniable place in the history of evolution of technology. The emergence of multimedia in the early 1990s signaled a new era of personal computing. Intel was up for the challenge. The Intel Pentium processor served as the engine of this multimedia revolution by making it easy for users to incorporate speech, sound, handwriting and photographic images. The Internet era of personal computing, debuted roughly halfway through the 1990s, marked by the mainstream deployment of Web browsers. The Intel Pentium II and Pentium III processors powered PCs through this pivotal stage of high tech evolution. (Intel Press Release).The Japanese tended to be the process technology leaders into each new smaller line width process generation. By the early 1990s, however, Intel found itself in the position of needing new p rocesses in advance of the DRAM (Dynamic Random Access Memory) industry's needs or its willingness to invest in such processes. Intel had to learn to be a process technology leader and to develop systems whereby it could continue to improve process technology while accelerating its pace of product development. Intel crafted a brilliant 3DCE strategy that used product/process modularity to reduce significantly the complexity of the company's technical challenge: Throughout the 1990s, the company launched each new microprocessor generation on the "platform" of an old (linewidth) process. Alternately, each new process generation was launched with an "old" product technology. In no time, Intel's process technology was second to none .( Sean Osborne,1993). 3. Creation Of Intel Architecture lab in 1991: During the early 1990s, PC demand was poor because of the obsolescence of PC architecture and the non-willingness of PC industry leaders to advance system hardware along with the software. This lack of platform leadership in the industry had limited the scope of innovation at the system level. This was a serious issue for Intel because the microprocessor was a big growth industry and the fact that many companies had a say in PC design indicated that no single supplier could change the system by itself. To tackle the PC platform obsolescence problem and also

Reggio Emilia research Essay Example | Topics and Well Written Essays - 2500 words

Reggio Emilia research - Essay Example Malaguzzi developed a learning program or self-guided curriculum that had basis on respect, obligation, and community principles that influenced self-discovery and contributing to the enrichment of the environment basing on the interests of the children. The basis of this curricular was to provide education coupled with care where the parents of Reggio Emilia influenced its development through their sale of military equipments that had remained after the World War II. 1. The Reggio Emilia curriculum Since its inception, the Reggio Emilia Approach to offering education has experienced immense improvements in an attempt to improve the learning standards of children. The Reggio curriculum is the Approach that emerged in which the adopters of this philosophy became the Reggio educators. As per the curriculum, the educators are responsible for developing the educational goals that are in line with the intensive expansion of knowledge. In the Reggio application, most of the curriculum impl emented through projects results from the input of children or teachers meaning that it is a flexible education Approach. Ideally, children tend to be curious beings especially when at a tender age meaning that the learning project may change depending on the subjects that have caught their eyes (Grotewell & Burton, 2008). In this learning process, the project developed by either the children or the teachers signifies that children conduct this curriculum while their teachers guide them (Arnstrong, 2006). The Reggio curriculum projects may take months before completion depending on their length meaning a shorter Reggio Emilia project may take shorter to complete. 2. What does Reggio Emilia mean? When a child starts going to school, this means that from that point forward there would be lesser parent involvement, which might be a scary thought for many parents. The lessons rely heavily on structures developed by teachers meaning that there is less play and more study work for the chi ldren. As per the Reggio Emilia Approach, the application is different because parents, teachers, and children become equal stakeholders in the learning process. Presently, the Reggio Emilia application is a module that preschools and kindergartens in the world have adopted with plans to include the program in the elementary classes in the piping. In essence, Reggio Emilia is not a philosophy that bases on a set of established beliefs, but rather it is a philosophical approach whose fundamental values focus on the learning outcomes for children. In this approach, there are several core principles embedded in the execution of this philosophy in learning that include significance of the learning environment, the child being an active participant to the learning process, making the learning visible, and having the three stakeholders of the learning process to collaborate. The most critical part of the process is influencing the children to learn more within the program through the supp ort of the parents and the teachers alike as curiosity heightens the quest for knowledge for young children. Key beliefs that the Reggio Emilia model promotes regarding the learning and development of young children According to Morrison (2010), the Reggio Emilia program is applicable to children from the age of three months to those age six years in which many schools in the USA have incorporated it into their early childhood learning systems. Ideally, the execution of

Juvenile offenders should be tried and punished as adults

Juvenile offenders should be tried and punished as adults A youth say 13, boy or girl, acquires a gun and shoots another youth who has been harassing them. There is no doubt they should receive some sort of punishment for their actions. However, should they receive this punishment through the Juvenile Courts or Criminal Courts? This is the question, which has no real definitive answer. However, this paper will attempt to address some important issued concerning this matter. Studies have shown that juvenile crime was on the raise during the beginning of the 1990s. During the late 1990s and into the early part of the new century these crimes have fallen slightly. However, where these crimes the same type of crimes as juveniles committed before? No these crimes have become more violent in nature due to the change in the world we live in. Therefore, in conducting research into this matter it came to show the age of the individual should not be a determining factor but the crime committed. Juveniles today commit more serious crimes than before; thus requiring them to be tried and punished as adults because of the nature of the crime, violence involved, and types of crimes. Now in dealing with the crimes being committed we cannot discuss this without first getting over a major hurdle, being age. This is the most discussed portion of any argument when dealing with juveniles and crime. At what age does a child have the ability to commit a crime? Under the common law, which all laws in the United States originated, states that a child could not commit a crime if the defense was able to prove infancy. Infancy or in other words immaturity was the guide and concluded a child could not commit an adult offense. However, what is this age and when does it or did it change? Well in order to answer these questions, we must look into our past. Children for many years were more property then identified as person. If a child did something wrong it was legal for a father to take his life. Now as time went on things changed and so did life. Progress was moving forward and children advanced along with the rest of humanity. This is evident today in that children today do things we could only dream of doing at their age. In considering this at what age, does a child show a difference between diminished responsibility and bad decision? Children today have advanced socially due to modern technology such as television, movies, and games. The time when a child killed someone but because he/she did not understand a gun with bullets can harm is no longer. Now they can still make a bad decision but at the same time adults make bad decisions and are held responsible so why not those children who do the same thing? Legislation in each state addressed this issue. The State of Arizona for example has no age limit for transferring a juvenile to criminal court. Arizona uses a variety of provisions in order to deal with juvenile crime. These include judicial wavier laws like discretionary and presumptive. In addition, procedures for dealing concurrent jurisdiction, statutory exclusion, reverse wavier and once an adult always an adult. The next part in dealing with age is the use of term delinquency as it pertains to juvenile crime. Before continuing, you must understand when dealing with juvenile crimes the term delinquency is a part of the actions involved. All juveniles who process through the Juvenile Court system obtain the label as delinquent. However, there are two types of delinquency, first are the illegal acts whether committed by an adult or juvenile. Second are status offenses, which only juveniles commit. These status offenses are those such as curfew violations, truancy, and running away from home. These acts, though they concern us, may only come into consideration when deciding to transfer a juvenile to criminal court, but are not tried themselves in criminal court. The illegal acts such as murder, robbery, rape, and so on are the crimes in which juveniles are transfer to criminal court. These crimes are the ones in which juveniles today are committing but until recently where tried in Juvenile court. In many cases, delinquency determines if a juvenile who has committed minor offenses, then commi ts a felony crime requires transferred. Under some current legislation once, a juvenile commits a felony crime they automatically are delinquent and transferred to criminal court. What is the nature of the crimes that would constitute a juvenile being transferred to criminal court? The nature of the crimes committed by juveniles has changed over the years. For example, if a juvenile took someones car without permission it was more of a prank referred to as joyriding. Today taking of the same car would be theft. Since most uses of stolen cars is for the furtherance of committing other crimes. This is just a simple example but it sets the stage for how the juvenile justice system had to evolve in order to keep up with the crimes being committed. The focus of the juvenile courts was rehabilitation of the offenders without attaching a permanent criminal record. Believing that all children had no knowledge or responsibility of the actions they committed. This relates back to the argument about age and crimes committed by juveniles. Until the 1990s juveniles, committing crimes rarely saw their case transferred to criminal court. This changed when juveniles began committing more and more adult crimes and the thought changed concerning the nature of crime as it pertain s to juveniles. Therefore, legislation adjusted the focus of the juvenile justices system correcting the nature of the crime to be the same between adults and juveniles. Juveniles who committed felony crimes were now responsible for those crimes and received the same legal process as adults. This in itself was a major change from that of the juvenile courts. Under the provisions of juvenile courts, an offender did not have any constitutional rights. In criminal court, these juveniles now received the same protections under the constitution. Now that the nature of crime changed to meet the needs of the justice system, the violence used became a concern. In the early years of the juvenile justice system, there was violence involved with certain crimes committed. However, the violence pertained more to assault and battery. As time progressed so did the juvenile criminals. Now longer were the crimes just involving assault but weapons, particularly guns became involved. Increasing the violence used while committing crimes. This also led to the increase of fear in the public concerning juvenile criminal activity. As far as weapons are concerned, the use of a gun in violent assaults exceeds that of other weapons. The juvenile offender no longer needs to be within arms range to commit crimes. The use of a gun provided for an increase in murders and attempted murders committed by juveniles. Furthermore, technology today overwhelmed juveniles with images justifying gun violence. We cannot change the advancement of technology but it should be of concern to us. The problems of being a juvenile today also influenced juvenile violence. Juveniles carrying guns to school and using them helped fuel the thought of transferring cases to criminal court. Now not all crimes committed by juveniles with the use of weapons have received transfers to criminal court. The use of a gun, which is violent, was the center point of a case in Santa Cruz County, Arizona. In this case, a juvenile found and began playing with a gun; even though he removed the magazine; he did not know the gun was still loaded. He pointed the gun at a friend and killed her. This case remained in juvenile court and the offender received a sentence of one year in jail. So what is the difference between this and a juvenile who uses a gun in a drive by shooting? The amount of violence is the same. The difference is the intent involved. This again brings up the issue of age and knowledge of the crime being committed. Juveniles who use violence during the commission of a crime know what they are doing and need to be accountable for them. Now with these changes in the n ature of crime and violence, the need to discuss the legislative statutes involved with transferring cases to criminal court. The association between psychopathic characteristics and the severity of the crime has been investigated in two studies. Brandt et al. (1997) found a correlation between the 18-itemPCL-R Total and Factor 1 scores and crime severity. Gretton, McBride, Lewis, OShaughnessy, and Hare (1994) reported that adolescent sex offenders with high PCL:YV scores threatened their victims more and used more server violence during their sexually assaultive acts then did nonpsychopathic sexual offenders. (Gacono, 2000) When dealing with juveniles and the current procedures of transferring them to criminal court, one must consider the types of crimes, which brought this about. Instead, more selective strategies seem warranted in which only the most violent youth (e.g., those employing firearms and chronic violent offenders) are targeted for criminal court processing. (Myers,D. Young, M. 2005) The seriousness of a felony crime and the fact they are being committed by juveniles lead to a fear in the public. Whether this fear is real or imagined is not the issue. The fact that juveniles are killing causes concern to many. Now the origins of the juvenile courts came about to deal with the problems of juveniles committing petty crimes and status offenses. Since that, time society has changed and life has changed. Juveniles today are involved in criminal activity that before was considered only done by adults. The violent activity of gangs increased with drug activities beginning in the early 1990 has al so supported these fears. These issues met with an outcry from the public to get control of the activities of these juvenile criminals and protect the public. As stated before Arizona has several methods for dealing with juvenile criminals. At the top level is the fact Arizona has no age limit for which the transfer of a juvenile case to criminal court. Therefore, upon the determination of the district attorney, the decision to transfer the case to criminal court can occur to any juvenile even at the age of 10. The state also has other means authorized by legislation concerning the transfer of cases. Arizona has Judicial Wavier, which contains two components. The first is discretionary, which allows for the use of discretion when determining if prosecutor transfers a case. The next is presumptive, which is when age, crime and statutory requires make transfer the mean but allows the offender to show proof that the case should not transfer. Then there is concurrent jurisdiction where the prosecutor can proceed in juvenile or criminal court as they both have authority. Statutory exclusion is for certain categories of juvenile offenders and the decision is solely with prosecutor. Then there is reverse wavier, which allows the criminal court to send the case back to juvenile court of action. Also Arizona has the once an adult/always an adult, which means once a juvenile has processed as an adult in criminal court he/she will always be processed in criminal court. Now with an understanding of how cases transfer to criminal court, we need to look at the crimes juveniles commit. Criminal statutes vary from state to state. Juvenile delinquency is a violation of state or federal law or municipal ordinance by a minor that, if committed by an adult, would constitute a crime. (Roberts, A. 2004b) However, under every state statute the crimes, which are felony crimes, remain the same. Crimes such as murder, rape, robbery, aggravated assault, are just some of the crimes. A felony crime is one in which the offender can receive one year or more in prison. Nationally the numbers of juveniles arrested for felony crimes began to increase and in most statics peaked in the mid 1990s. Even though there was a drop since that time, the numbers concerning violent crimes are still alarming. The Federal Bureau of Investigations is responsible for tracking crime statistics. Now in dealing with statistics you must take it with a grain of salt. Writers use Statistics to sway our opinions for one purpose or another. However, in taking the information just as shown, you can make you own decision. The information between 1999 and 2008 showed drops in murder/manslaughter, forcible rape, aggravated assault, burglary, larceny, motor vehicle theft, arson, and violent crime. These numbers were significant as they showed decreases above 10 percent in all but two categories. (Extract from Crime in the United States 2008.) However, those same statistics when taken in a smaller year span show much different results. Between 2004 and 2008, those same crimes showed increases in murder/manslaughter, robbery, burglary, larceny, and violent crime. All these crimes listed are felony crimes across the country. These types of crimes are which the changes in law and attitude prompted transferring juveniles to criminal court. Now is there a correlation between the reduction in some crimes and the punishments received by offenders? This is a good question, since statistics relating to crimes committed by juveniles is non-existent or of no value. However, one can conclude that the decrease can result from more juveniles incarcerated. However, there are studies, which indicate that juveniles transferred to criminal court receive less punishment, then those retained in juvenile courts. Whatever the case maybe these types of crimes are of concern throughout the public and treating these offenders as adults was a neces sary requirement. This with the other factors justified the transferring juvenile criminals to criminal courts. Age of a juvenile came into consideration when determining whether they were able to commit a felony crime. This is not the case anymore as we progressed through the years so have the juveniles. Where there was a belief they could not understand what they were doing, they now know fully their actions. Delinquent juveniles have shown there inability to respond to rehabilitation and therefore need to receive more appropriate punishments. The natures of the crimes committed by juveniles now no longer perceived to be acts of immaturity but the criminal acts they are. Juveniles can and do understand their acts and those who commit criminal activity with knowing intent should receive the same treatment as adult. There are legislative statutes to control the transfer of juveniles to criminal court. Even though they are not perfect they due provide for constitutional guaranties and only transfer those who require appropriate treatment. . There is no end in sight for the types of crimes being committed. We cannot go back in time therefore we need to treat those juvenile criminals as such and stop the glorification of committing these crimes. Reference Page Serious and Violent Juvenile Offenders. A Century of Juvenile Justice. (2002) Chicago: University Of Chicago Press, 206, 226-229. Griffin, P., Szymanski, L., Torbet, P.(1998) Trying Juveniles As Adults in Criminal Courts: An Analysis of State Transfer Provisions. New York: Diane Pub Co.. Gacono, C. (2000). The Clinical and forensic assessment of psychopathy: a practitioners guide. Mahwah, NJ . Lawrence Erlbaum Associates, Inc.. Myers, D., Young, M. (2005) How Should the Criminal Justice System Treat Juvenile Offenders?. Opposing Viewpoints Series Juvenile Crime (hardcover edition). 1 ed. Farmington Hills, MI: Greenhaven Press, 95-110. Roberts, A. (2004a) Juvenile Justice Policy. Juvenile Justice Sourcebook Past Present and Future, Edition: 3. New York: Oxford Univpr, 49-51 and 56-60. Roberts, A. (2004b) Juvenile Court. Juvenile Justice Sourcebook Past Present and Future, Edition: 3. New York: Oxford Univpr, 252-257. Roberts, A. (2004c) An Overview of Juvenile and Juvenile Delinquency. Juvenile Justice Sourcebook Past Present and Future, Edition: 3. New York: Oxford Univpr, 10,11,13,15,19,20,21. Scott, E.S., Steinberg, L.(2008). Why Crime is Different?. Rethinking Juvenile Justice. Cambridge: Harvard University Press, 94-99. Snyder, Howard N..(2000) Juvenile transfers to criminal court in the 1990s : lessons learned from four studies : summary (SuDoc J 32.20:J 98). Pittsburgh, PA: U.S. Dept Of Justice, Office Of Justice Programs, Office Of Juvenile Justice And Delinquency Prevention. The Changing Faces of Juvenile Justice (Monographs of the United Nations Crime Prevention and Criminal Justice Branch). (1978) 1st, Date Same on Title Copyright Page ed. New York City: New York University Press. Zimring, F.E..(2005) A Rational For American Juvenile Justice. American Juvenile Justice. New York: Oxford University Press, USA, 56-62. Crime in the United States 2008. FBI Federal Bureau of Investigation Homepage. N.p., n.d. Web 13 July 2010. Snyder, H., Sickmund, M., Poe-Yamagata, E. (2000) Juvenile Transfers to Criminal Court in the 1990s: Lessons Learned From Four States. National Center for Juvenile Justice: Pittsburg, PA. Griffin, P. (2008) Different from Adults: An Updated Analysis of Juvenile Transfer and Blending Sentencing Laws, With Recommendations for Reform. National Center for Juvenile Justice: Pittsburg, PA Griffin, P. (2003) Trying and Sentencing Juveniles as Adults: An Analysis of State Transfer and Blending Sentencing Laws. National Center for Juvenile Justice: Pittsburg, PA

Advanced Technology and the Society :: essays research papers

Advanced Technology and the Society Have advances in technology helped to create a lazy, detached society? The truth is it has. It becomes more and more advanced that the inventors do not even know what to do. They run out of ideas but they make a new one and then ten more come out of just that one idea. Advances in technology have helped to create a lazy, detached society because, people say: why do this if we have it all in our hands, everything is already there. People think it is cool to have all the gadgets that are new and advanced and easier to do things with, but it is actually making the society more lazy. For example, the society now has e-mail and instant messengers to commun- icate with, they do not want to write letters anymore, that shows that the society has become lazier. Since the society has this to help them communicate they send an e-card through e-mail rather than making a letter of their own. Also instead of driving down to a little family get together, the instant messenger gets in the way because it seems easier to communi- cate with. Another example, is that now a days the society has telephones, cellphones and even camera phones to help everyone communicate.When someone invites another person to a birthday party the person that gets invited makes up an excuse saying they can not go so they just call and say Happy Birthday. Also when someone wants to meet someone else they just text messages or call each other instead of going for a walk. These are some examples that really reveal how lazy and detached the society has became as technology advances.

Declaratory Theory

â€Å"Declaratory theory is propounded on the belief that judges' decisions never make law, rather they only constitute evidence of what the law is. However, this view is no longer accepted. There are three reasons for the persistence of the declaratory theory. In the first place, it appealed in the separation of powers. Secondly, it concealed the fact that judge-made law is retrospective in its effect and finally, when the judges confronted with a new, unusual, or different point, they tend to present as if the answer is provided by the common law.One of the most widely-accepted principles of the English legal system is what is known as the ‘declaratory theory' of judicial decision-making. This principle states that when judges are required to make decisions, they do not create or change the law, they merely ‘declare' it. That is, a judge says what he or she finds the law to be; no ‘new' law is ever created by judges. New law comes from Parliament. For example, th e Criminal Justice Bill that is currently going through Parliament will make fairly radical changes to the criminal law.It will take away the blanket immunity that currently exists from being prosecuted twice for the same offence. No-one is suggesting that this Bill declares the law: the ancient ‘double-jeopardy' principle has existed for centuries. When the Bill is enacted, the law will simply change. This article attempts to show, first, that the declaratory theory itself is based on indefensible assumptions of fact. Second, it shows that the theory sometimes leads to bizarre conclusions, which can only be avoided by the most strained reasoning.Finally, it examines why the theory commands so much reverence, when most academics and many judges believe it to be fatally flawed. Why the declaratory theory is factually indefensible The classical exposition of the declaratory theory is that of Lord Esher in Willis v Baddeley (1892): There is, in fact, no such thing as judge-made l aw, for the judges do not make the law, though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.That judges appear to create and change law is undeniable; cases like Donaghue v Stevenson, Hedley Byrne v Heller, and Wednesbury represent significant developments in the law. In Lord Esher's view, the judges in these cases would simply be applying existing principles to new fact situations. But where do these existing principles come from? Some of them, no doubt, come from previous case law. When a judge is called on to decide a case, most often a decision can be made by looking at previous cases whose facts are similar to those at issue, and reasoning from them.Very often there will be previous cases that are binding on a particular court, and these will dictate the outcome. But unless we are to accept an infinite regress of case law, back to the very dawn of time, there must be some point in the past at which an issue was first decided. The romantic view is that the earliest judicial decisions were made by the ‘wandering justices' of the 13th century, who travelled the land at the King's behest, applying and unifying the existing law of the land.The pragmatic view is that the English common law results from an attempt by the Norman French nobility to apply its standards of law in a conquered country, while giving an illusion of continuity. Whether the legal developments of the medieval period followed from a process of approving established legal custom, or from the imposition of a foreign jurisprudence, neither represent an answer to the question where the foundational principles come from. There are really only two possibilities: either they were, at some point, created by the judges, or they were based on existing ‘universal truths' that were self-evident to the judges.The declaratory theory repudiates the notion that the judges ‘made thin gs up', so the only alternative is that they were based on universal truths. The notion that law is based on fundamental, self-evident principles of ethics is often called ‘natural law' jurisprudence. To be fair, the idea of ‘natural law' has had a bit of a revival in the last fifty years or so, after being out of favour since the 18th century. The idea that the declaratory theory can be traced back to natural law therefore does not attract the same scepticism today as it would have in the 19th century.The problem with natural law is that even if one is prepared to accept its basic tenet, that there indeed are self-evident principles of ethics, it is by no means obvious that every situation that requires a judicial decision is one in which such fundamentals are at issue. Consider, for example, the well-known case of Entores v Miles Far East Corp (1955). This concerned the formation of a contract by telex machine, in the very early days of this technology.Previously most formal business transactions would have been carried out by post; the ‘postal rule' was – and still is – that if person A offers to contract with person B, then the contract is formed when B's letter of acceptance is posted to A. This is the case even if B's acceptance never even reaches A. When considering the use of telex, the court had to decide whether the same principle could be applied to telex as to post, that is, whether a telexed acceptance was effective on sending, or on receipt. The leading judgement in Entores was given by Denning LJ.In his judgement he does not refer to any existing case law, or any legal principle. Instead, he says that it is simply reasonable and obvious that a telex must be received to be effective. If the declarative theory is correct, then Denning's judgement cannot be creating law: it must be declaring what the law is. But since he does not refer to any existing law, it must, presumably, be derived from universal principles. No w, a proponent of natural law may believe it is self-evident that, for example, murder and rape are wrong.But it takes a real leap of faith to believe that there are principles of natural law at stake in deciding when a telexed contract is formed. The reality, of course, is that when Entores was heard, no-one really wanted to see the ‘postal rule' extended to a new technology. Denning's judgement is an entirely pragmatic one. It does not require any higher principles to be considered. In summary, the declaratory theory is predicated absolutely on acceptance of a natural law view of jurisprudence, not just for fundamental principles of ethics, but for everything.This, I suggest, is just too much to swallow. Why the declaratory theory produces bizarre results Law students generally know about the ‘retrospectivity of the declaratory theory'; but it doesn't seem to be well understood that this is not a doctrinal matter, or something that can be argued either way, it is an in evitable conclusion of the declaratory theory. If a judicial decision cannot create new law, then when the judge declares the law, as a matter of plain logic he is declaring what the law always was. In the Entores example discussed above, this does not create a problem.It established that the use of telex had certain legal consequences, but since telex was only just coming into use when this decision was made, the fact that Denning was declaring what the law was is of no consequence. It is purely a matter of academic discussion whether the ‘postal rule' would have applied to telex in, say, the 15th century. It is, surely, of not practical consequence. Perhaps the first occasion on which the full implications of the declaratory theory had to be confronted squarely by a court was in the case of Kleinwort Benson v Leicester CC.Here, the House of lords had to rule on what should have been, for a court of this standing, a routine matter. The question at issue was whether money was recoverable in a restitution action, if it was paid from one party to another in a mistaken understanding of law. It had always been the case that money paid under of a misunderstanding of fact was recoverable. It was widely believed that the inability to reclaim money paid under a mistake of law was unjust, and incompatible with other legal principles and other jurisdictions.Both parties to the case, and all five of the law lords, were in agreement on this point: it should be possible to recover money paid under a mistake of law. The disagreement was on whether the decision that it was recoverable should apply only to new cases, or to past cases. Kleinwort Benson, a bank, had already paid its money to the defendant local authority. It therefore argued that the decision should operate retrospectively, so it could reclaim its money. The Local Authority, on the other hand, argued that the decision should not have retrospective effect.The problem was that if the issue were decided in f avour of the claimant bank, it must have retrospective effect. This is a direct consequence of the declarative theory. After all, if the law at time T1 was X, and it is later changed at time T2 by judicial ‘declaration' to Y, then the effect of that declaration is to deem that the law at T1 was Y as well. Of course, no-one at time T1 knew this, and so a decision made on the basis that the law was X, not Y, was necessarily mistaken. You may be wondering why this would have such dramatic consequences.Well, a potentially large number of businesses could suddenly find that the they had grounds for litigation arising from things that happened in the distant past, and which they had no way of knowing at the time would be actionable. No-one would wish to see a barrage of ancient, poorly-remembered cases dragged up before the courts in the hope of gain. For technical reasons which I don't have space to explain here, the Limitations Act would not prevent this. So the Law Lords were fac ed with a problem.They could decide justly, in favour of the claimant bank, by ruling that it could recover its money, and accept the inevitable problems that the retrospectivity of its decision would bring. Or it could decide against the claimant, and avoid the problems, but at the expense of leaving in place an unjust and criticised rule of law. It was simply not open to the judges to change the unjust law, without the change being retrospective, unless they were prepared to openly attack the declarative theory. It is interesting to see how the various judges attempted to deal with this problem.It should be noted from the outset that all the Law Lords in Kleinwort Benson agreed that, in practice, judicial decisions do change the law, rather than simply declaring it. No-one suggested for a moment that the declaratory theory was actually true. For example, Lord Goff says: It is universally recognised that judicial development of the common law is inevitable. If it had never taken pl ace, the common law would be the same now as it was in the reign of King Henry II†¦ However, there was very little enthusiasm for making an official pronouncement to that effect.We will discuss possible reasons for this later. Lord Browne-Wilkinson proposed a judicial damage-limitation exercise. He suggested that although the declaratory theory should be upheld, it could be prevented from giving rise to actions arising out of past conduct. †¦ retrospection cannot falsify history: if at the date of each payment it was settled law†¦ [the claimants] were not labouring under any mistake of law at that date. The subsequent decision †¦ could not create a mistake where no mistake existed at the time.In other words, what he seems to be saying is that although the claimants did in fact err in law, they had not made a mistake of law, so they could not reclaim their payments. This is quite a neat trick, because it upholds the revered declaratory theory, while preventing it giving rise to an undesirable situation. However, it does rely on accepting that there are two different metas of ‘mistake of law'. One meta occurs when a person misunderstands the law that actually subsists at the time he applies it, and which continues to subsist.The other meta occurs when a person correctly understands the law at the time he made the decision, but his understanding was later made wrong by a judicial decision. Even if one accepts this arbitrary and unfounded distinction, it seems impossible to avoid the conclusion that it is unjust. If a person makes a mistake of law, and the law remains the same, then the mistaken person can reclaim any money paid as a result of that mistake. On the other hand, a person who later finds that he was mistaken as a result of judicial decision cannot reclaim anything.Yet the latter person is blameless: his decision has been ‘wronged' by later events beyond his control. The former person could at least (in theory) have disc overed what the law was. The effect of the Browne-Wilkinson solution is to leave the declaratory theory intact, at the expense of justice and common sense. Lord Goff showed, perhaps, the greatest reverence for the declaratory theory: I can see no good reason why your Lordships' House should take a step which, as I see it, is inconsistent with the declaratory theory of judicial decision as applied in our legal system†¦As a result, he was prepared to allow a person to recover money paid under a decision in law which was correct at the time, and later shown to be false. In his analysis, the claimant was labouring under a mistake of law, but simply did not know it. Lord Goff correctly analysed the effect of the retrospectivity of the declaratory theory, and allowed it to stand despite the odd results it engenders. Lord Hoffman recognised the problems that would follow from finding for the claimant, but decided that they were a price worth paying for doing justice in the particular case: This may suggest that your Lordships should leave the whole question†¦ o the legislature†¦ There is obviously a strong argument for doing so, but I do not think that it should prevail over the desirability of giving in this case what your Lordships consider to be a just and principled decision. Lord Hope decided along much the same lines as Lord Goff. Of the five Law Lords, Lord Lloyd was the only one to criticise the declarative theory: It follows that†¦ the House of lords is doing more than develop the law. It is changing the law, as common sense suggests†¦ If this view of what happens is inconsistent with the declaratory theory of the court's function, then it is time we said so.It always was a fairy tale. And: For myself, I would want to allow the appeal, if I could, [avoiding the effect of retrospectivity]. But as that is not to be, I consider the second best course is to leave the abolition of the mistake of law rule to Parliament. He seems to be sayi ng that a decision for the claimant, coupled with the effect of the declaratory theory, will produce results so bizarre and unpredictable that it ought not to be allowed. In other words, the price of doing justice in this case is too high.Legal retrospectivity is bad enough in the civil law, but in the criminal law it becomes a human rights issue. Article 7(1) of the European Convention on Human Rights specifically forbids criminal sanctions for an act that did not constitute a crime at the time it was committed. In other words, however heinous we might think an act is, it can't be punished unless the offender had a way to know it was illegal. Of course, ‘ignorance of the law is no defence', but the offender has to be able to know the law to be bound by it. Consider the famous House of lords case of R v R (1994).This concerned a man who raped his wife, and based his defence on the fact that for a man to rape his wife was not, in fact, illegal. It may be condemned, it may even be wicked, but it was not – at that time – illegal. If a man had approach a solicitor in 1990 and said ‘Look, I'm thinking of raping my wife, is that illegal? ‘ a competent solicitor may well have said: ‘Well, of course I wouldn't condone it, but the balance of authority is that it isn't actually illegal'. He could have cited authorities going back to the 16th century to back this up.At this time, there was increasing pressure on Parliament and the courts to overturn this unedifying principle of law, but when R was heard, no action had been taken. To cut a long story short, the House of lords decided that marital rape was illegal, reversing a 400-year tradition. Everyone, with the exception of the defendant, heaved a sigh of relief. Later that year, the decision was put on a statutory basis, which appeared to settle the matter once and for all. The fly in the ointment is our old friend retrospectivity. The decision in R was not that marital rape was i llegal, but that it had always been illegal.Again, the court had no power to decide otherwise. And this means that an octogenarian who raped his wife in the 1940's could now be prosecuted. You may feel that this is a just conclusion; you may feel that rapists should get their just deserts. However, the fact remains that we would be punishing a person for something which was not illegal at the time, and which he would have no way of knowing was ever going to be illegal. The social conditions of the time may not even have led our hypothetical defendant to think he was doing anything wrong.But he could still be prosecuted. This may sound far-fetched, but in fact within a year of the decision in R, cases were being heard in the European Court of Human Rights (ECHR). SW v United Kingdom (1995) concerned a man who was prosecuted in 1994 for a rape he had allegedly committed in 1990. If was far from obvious that marital rape was illegal in 1990. The ECHR upheld the criminal conviction, on the basis that when the rapes occurred, the defendants could have reasonably foreseen that the criminalisation of martial rape was likely.The problem with the decision in SW v UK is that it suggests that a person must govern his behaviour, not by what the law is, but by what he predicts it will be when any consequent prosecution is bought. So, not only is ignorance of the law no defence, but ignorance of the future development of the law is also no defence! None of the forgoing is intended to condone the practice of marital rape. Judicial retrospectivity presents the same kind of problem for any criminal offence, of any severity. Lord Diplock has suggested that the retrospectivity of judicial decisions discourages judges from correcting defects in the law.Judges have to be very conservative if they must predict not only the effect of their decisions on new cases, but the effect they would have had if made in the past. To get around this problem, the Supreme Court of the USA has adop ted the device of ‘prospective overruling'; this device allows the court to state that a decision that changes the law is not to have retrospective effect. The problem is that prospective overruling is simply incompatible with the declaratory theory. If the former comes in, the latter must go. However, as Prof.Zander says, the courts can accept that the declaratory, retrospective effect of its decisions is doctrinally ‘correct', while at the same time letting it be known that they will decide cases on the basis of the law as would have been understood when the events occurred, not when the case is heard. This is a fudge, but probably a workable fudge. Why is the declaratory theory so revered? In Albion's Fatal Tree (1975), Douglas Hay argues that the decline in formal religious observance in the 18th century left a power vacuum to be filled by the law.For law to command the respect of society in the way that the church had done, it was necessary that it be seen as someth ing above and beyond its practitioners: The punctilious attention to forms, the dispassionate and legalistic exchanges between counsel and the judge, argued that those administering the laws submitted to its rules†¦ In short, it's very inefficiency, its absurd formalism, was part of its strength as ideology. Such an ideology would be undermined, of course, if it were seen that law were nothing more than the creation of ordinary people.It was the job of the legal profession to form an elite, and thereby shield the ugly reality of lawmaking from public scrutiny. While this argument may have had validity in the 18th century, it is not at all easy to see that it stands up in the 21st century. To respect the law, we don't necessarily need to view it as having supernatural origins. Moreover, since the 18th century the development of the law has increasingly been effected by statute. No-one expects Parliament's legislative programme to be to be guided by anything more than the views o f society as expressed through the ballot box.Nevertheless, while most judges tacitly accept that their activities have the effect of lawmaking, relatively few have been prepared to criticise the declaratory theory in public. Lord Reid is usually credited with first describing the declaratory theory as a ‘fairy tale'; in a 1972 article ‘The judge as law-maker' in JSPTL he described the ‘Aladdin's cave' in which ‘those with a taste for fairy tales' expect the common law to be found. However, he was not the first influential judge to cast doubt on the declaratory theory. For example, Lord Radcliffe wrote in the Law Society Gazette in 1964 †¦ here was never a more sterile controversy than that upon the question whether a judge makes law. Of course he does. How can he help it? Such comments are, to say the least, unusual. Prof. Atiyah is probably the most outspoken critic of the modern judicial attitude to the declaratory theory. In Judges and Policy ([1980] ILR 346) he identified five reasons for its continued existence. First, it is to the advantage of the judge if he can, in a difficult case, deflect any criticism of his own decision onto ‘the law' as a higher principle.As Atiyah says, of course, this can be seen as a ‘shabby attempt to evade responsibility'. Nonetheless, the job of a judge is difficult enough, without having to deal with personal attacks on his decisions. Lord Devlin has suggested that judges will occasionally hint to claimants that they wish they could find otherwise, but are bound by ‘the law'. Second, it is generally accepted as a constitutional principle that it is the role of the legislature to make law, and the role of the judiciary to interpret it in specific cases. Where judges do make law, they should do so within narrow constraints.There is undoubtedly some virtue in this principle. The most famous exponent of judicial creativity in modern times is almost certainly Lord Denning. His view was very much that it was the job of the judge to ‘do justice'; if that meant that principles of law had to be bent to fit, that was a price worth paying. The problem is that his decisions do not generalise. It is often difficult for later judges, reading his reasoning, to determine whether the decisions he made are based on law that ought to be applicable in other cases, or to fact situations particular to the case under consideration.This is evidenced by the fact that many of the principles that he established by doing the right thing in a particular case have come to be misapplied in later cases, and have had to be circumscribed by later judges. For example, his decision in Solle v Butcher (1949) that a contract could be set aside on ‘equitable grounds' when entered under a mutual mistake, did justice in the case itself. This decision was followed in a large number of cases, but it was never entirely clear what would amount to ‘equitable grounds'.Finally, in 20 03 the case of The Great Peace more or less demolished the entire concept of ‘mistake in equity' and put this branch of law back where it was 50 years ago. Even if judicial creativity can do justice in the present case without compromising later decisions, there are other reasons why judicial creativity should be constrained. Judges are only able to deal with cases they hear; it is difficult for them to take a wider view of any issue. Judges are not well-placed to make decisions that involve elements of social policy.In addition, arguably judges are drawn from a much narrower section of society than MPs, and therefore less representative. Third, Atiyah argues that judicial lawmaking is tolerated only because it is not exercised openly. Lord Devlin has argued (Judges and lawmakers [1976] 39 MLR 11) that if the courts are given, or arrogate to themselves, the power to make decisions without retrospective effect (and thereby demolish the declarative theory) this will amount to an approval to engage in judicial law-making in the large.While we accept that development of the law requires an occasional exercise of judicial creativity, the fact that it has to be done on the sly means that it won't be done all that often: Paddling across the Rubicon by individuals in disguise†¦ is better than the bridging of the river by an army in uniform with bands playing. Atiyah's fourth argument is that many judges themselves have a naive and simplistic view of their own lawmaking role.They frequently speak or write as though the only alternative to a slavish devotion to the declaratory theory is the wholesale abandonment of the doctrine of precedent and the separation of powers. Judges frequently invoke Seldon's old chestnut about the law varying with the length of the Lord Chancellor's foot as a reason for their own conservatism. However, there is no reason to assume that a disavowal of the declaratory theory need signal the end of the doctrine of precedent (it has n ot done so in the USA), or the dissolution of the separation of powers.The fifth argument is that public respect for the judiciary depends on their strict and evident impartiality. If the judge was seen to create or change law, the implication is that the judge prefers one view of law to another. But, as Atiyah says, there is no reason to believe that the public will respect a judge that is impartial but unjust, more than one that is partial but fair. Judicial adherence, at least in public, to the declaratory theory may be for the very best of motives.However, in a well-educated, democratic society, it is doubtful whether it is ever appropriate for the governing classes to espouse one point of view in public, and a different one in private. Not only is it intellectually dishonest, it is doubtful whether it is necessary. Moreover, it is a strategy that is unlikely to work for much longer. It seems unlikely that the public will be moved to increased confidence in the judiciary, when i t becomes obvious that the judiciary have practised a paternalistic and patronising form of misinformation for all these years. â€Å"

The character of Alison in The Millers Tale Essay Example

The character of Alison in The Millers Tale Essay Example The character of Alison in The Millers Tale Paper The character of Alison in The Millers Tale Paper The description shows that Alison attempts to dress as a reflection of her purity and sweetness. Her clothes are mainly white, her barmcloth eek as whit as morne milk, the tapes of hir white voluper and whit was hir smok. The white clothes are ironic in their reflection of virginity, as Alison soon proves to have loose sexual morals. It is the fact that her outfit is so excessively white that provides a hint towards the idea that purity is a look she is trying to achieve, rather than a characteristic she bears. She is described to have a likerous ye, suggesting that she is a playful, lustful person. She also wears boots laced on hir legges hye, which reflects a more erotic nature to her character than the rest of her outfit aims to portray. These things imply that Alison is more mischievous than she seems. Alison is a well groomed and well looked after character, evidently by both her husband and herself. Her clothes are made from fine materials, a purs of lether tassled with silk, and are extravagant and intricate, for instance her smok is broiden with col-blak silk. This shows that her husband treats her well and pays for her to have expensive things, implying that she is perhaps a trophy for him rather than a loving companion. She looks after herself well, indicated by her ful smale ypulled eyebrows and hir mouth smelling sweete. In the time in which the tale was written it was far less common to be so well groomed and sensually appealing, making her more and more attractive. The fact that she takes such care of her appearance reveals her vanity, and further implies the extent of her beauty. The description reveals Alisons physical beauty, as well as hinting at the darker sides of her nature. These are both important aspects of the tale as the story unfolds, in justifying the other characters actions and feelings.

Free Essays on Bill Cooper

that come from Bill will change your ways of thinking forever. The only thing I didn’t like about the recording was that it was too short, the topics he talks about can go on forever. Just to fill you in a little bit, as a young man Bill Cooper was enlisted in the Navy as a Navel Intelligence Officer who dealt with top secret information. He had high clearances and was trusted to not give out any of these government secrets, but he couldn’t take it anymore. He couldn’t hide these secrets from the American citizens and felt that they had ... Free Essays on Bill Cooper Free Essays on Bill Cooper The non-music recording I chose is a part of a forty two hour long series entitled Mystery Babylon by William M. Cooper. His radio show took place in the early nineties over a shortwave radio on the World Wide Christian Radio Station (WWCR). During this recording the host speaks of subjects like the new world order, corporate symbology, freemasonry, the first religions, current religions, skull and bones society, and ancient Egypt. The quality of the recording was live. It was clear until he took his mouth away from the microphone. The downfall of the quality is that it was recorded from shortwave radio so it sometimes lost reception. After listening to this series I look at the world, and the way I approach the world, in many different ways such as noticing corporate symbology and their meanings. Now when I look around me I see names of companies like Sunoco(Sun-Oil-Co),Gulf, Lays, Wise, Mobile, Getty and they all have one thing in common, the Sun. The sun appears in most corporate logos today and to find out what the symbol of the sun means you should listen to the series. Overall the recording was a great learning experience and I would recommend it to anyone. Who ever listens to the series will never look at things the same again. After I listened and did some research on Bill Cooper (www.hourofthetime.com - Bill’s website) I was amazed, speechless, scared even. The words that come from Bill will change your ways of thinking forever. The only thing I didn’t like about the recording was that it was too short, the topics he talks about can go on forever. Just to fill you in a little bit, as a young man Bill Cooper was enlisted in the Navy as a Navel Intelligence Officer who dealt with top secret information. He had high clearances and was trusted to not give out any of these government secrets, but he couldn’t take it anymore. He couldn’t hide these secrets from the American citizens and felt that they had ...

AIDS Essay Example | Topics and Well Written Essays - 1000 words - 5

AIDS - Essay Example According to UNAIDS estimation at present, there is an approximation of 33.4 million people across the globe living on this face of earth while suffering from AIDS and every year estimated two million people expire from AIDS and its related illnesses. UNAIDS has approximated (UNAIDS, 2008). The case is even more critical in Sub-Sahara region of Africa where every 7 out of 10 deaths take place due to AIDS. Moreover, the region has almost sixty-six percent living case of AIDS and the percentage of new AIDS infection in children is as much as ninety percent (Stine, 2009). The cause of AIDS is the HIV virus. It is the virus that slowly weakens the human immune system. HIV increasingly does damage to the immune system cells therefore, the human body gets more prone to these infections, to which it has trouble in fighting back. A person diagnosed with AIDS is usually at the very high and advanced level of HIV infection flourishing in its body. The development of HIV in a human body is a slow process and it can take even years for a person with HIV virus to become an AIDS patient (AIDS.org, 2009). The symptoms of AIDS are though, not as vivid and obvious as the symptoms of other diseases. The person diagnosed with aid has the obvious illnesses related to AIDS. These AIDS related symptoms or conditions include infections, cancer, or tumor. These infections are opportunistic infections because of the reason that they develop in any human body due to the weak immune system. A person can suffer from AIDS with or without these opportunistic infection, the other symptoms are the tumor or cancer in any part of the human body due to AIDS. Moreover, the diagnosis of AIDS is also positive when the total number of human immune system cells decrease to a certain point. The major channels through which the transmission of AIDS takes place are the sexual intercourse, getting exposed to the infected parts of body or fluids, and from mother to

Interior Design Research Proposal Example | Topics and Well Written Essays - 750 words

Interior Design - Research Proposal Example Introduction Environment Design is basically a learning milieu where design graduates are encouraged to use their innovative and inventive talent in the management and marketing of design in order to pursue their careers in the design industry. â€Å"Lighting is a science and an art†, assert Steffy (2002:1). There have been numerous developments in lighting design recently which make it an interesting topic of research. Professional lighting designers are required today since they are being offered various job opportunities in the lighting industry. There are a number of lighting design consultancies which are offering outstanding lighting schemes to its consumers and organizations like landmark hotels, restaurants, shopping spas, exhibitions, yachts, house gardens, etc. Steffy (2002:1) affirms that nearly $10 billion worth lighting hardware is sold in the United States every year. The research will focus on questions like: How rapid has the lighting design industry flourished during the last decade? Which areas of lighting design are more in demand? What particular kinds of designs are more in demand from consumers’ perspectives? What benefits has it offered to different international lighting design companies? Is the trend increasing, decreasing or is consistent? What are the hard and soft issues that arise in different lighting fields such as in interiors, exhibitions, theatre, and garden projects? What are the costs? How does lighting weigh on the companies’ budget? These issues have inspired me to conduct a research about lighting design in today’s design industry. Literature Review Sources. Some sources that are going to be helpful in the research are: Karlen, M, & Benya, J 2004, Lighting Design Basics, illustrated edn., John Wiley and sons, USA. (This book is helpful in understanding the basic science that is involved in lighting design. It is a good study guide for beginners helping them understand through concise and visual lesson format.) Tregenza, P, & Loe, D, The Design of Lighting, illustrated edn., Taylor & Francis, USA. (This book has been written for practicing designers and thus will be a helpful guide in understand what issues practicing lighting designer face. Technicalities regarding lighting and color theories and other concepts have been discussed in detail.) Past Research Papers. Some past research that will be helpful is: Dorsey, J, Arvo, J, & Greenberg, D 1995, ‘Interactive design of complex time dependent lighting’, Computer Graphics and Applications, vol. 15, no, 2, pp. 26-36. (Researchers conducted a research about lighting design in theatrical productions. They have discussed some specific techniques that help in lighting regardless of complexities of scene and design. This research will prove helpful in understanding lighting concepts in theatres.) Shacked, R, & Lischinski, D 2002, ‘Automatic lighting design using a perceptual quality metric’, Computer Gra phics Forum, vol. 20, no. 3, pp. 215-227. (This presents a new approach for the rendering of 3D objects. This approach serves as an effective lighting design tool. This research will prove to be helpful in understanding lighting design tools and their working.) Methodology I plan to visit different lighting design companies to locate answers to my research questions. I plan to conduct structured personal