Saturday, August 31, 2019

Meiji Restoration

It is a fact that the Meiji Restoration managed to accomplish a great many revolutionary changes, but without a revolutionary level of violence. How did this happen? To understand this, one must know what the Meiji Restoration was and when it took place. It was through the years from 1867 to 1868 that the Tokugawa Era under the great Tokugawa Liasu came to an end with the Meiji restoration, in which the Emperor Meiji moved from Kyoto to Tokyo where the new Imperial Capital was established. However, at the same time, the actual political power was effectively transferred from Tokugawa to a group of small time noblemen, and Japan was forced to enter into treaties with Westerners, in much the same way as any other subjugated Asian nation. (Meiji Period 2002) In short, it can be stated that this period in the history of Japan has been termed a ‘renewal’, in which Japan’s political and social structure became unalterably changed, and because of which Japan launched into its industrialization period. Intended as a strong measure to consolidate power against the shogunate, the samurai and the daimyo, all remnants of the Edo government, Tokugawa lands were seized and placed under the ‘imperial control.’ (Meiji Restoration 2008) The Samurai had to be destroyed, and most Samurai, although they resented the change bitterly, had to comply.   With the Meiji restoration came electricity and wheels in the form of the first ‘rickshaw’ ever. Trains followed soon, as did several other reforms and changes, the most important of which was a semblance of democracy. Education became more important than before, and the nation started progressing in leaps and bounds. People now felt that they too had a say in how the country was to be run, and everywhere, everyone appeared to be satisfied with the advances that their country was making in all fields. (The Meiji Restoration (n.d) The issue here is this, how much influence did western powers have over the Meiji restoration in Japan? Were the radical ideas more in keeping in accordance with the local tenor, or were they drastically different? Why then did the shogunate fall quickly, without really offering any resistance? One of the most important things to remember when studying Japanese history is the fact that one must never consider the class struggles that are generally applied for revolutions of all kinds; instead, one must note that the interests of merchants and the ruling classes became so closely inter connected that anything that hurt one would automatically hurt the other. For example, all big merchants depended upon the interest from loans given to the samurai to survive, and the samurai were customers of the chonin, who felt that their own prosperity was closely tied up with the warrior classes, and this meant that they would not think of attacking the existing feudal system, even if it was unfair to them. As the Meiji restoration progressed, the samurai and the aristocrats stood together, thereby showing the world that the revolution in itself was not at all about a rising class that managed to destroy feudalism, nor was it a democratic revolt that offered greater power to representatives of the working classes of Japan. Researchers state confidently that the Meiji restoration would never have been possible but for interference that Japan received from Western powers, including British, American, French, German and Dutch. It is said that some small bits of advice were also obtained from the workers who had been engaged by the Japanese government in various positions such as pilots, engineers, financial advisers, and university and school teachers, among others. Historians believe that it was the presence of Westerners in Japan that undermined the Shogunate, and that this was one of the reasons why it fell so quickly without resistance. One must remember that the rapid economic growth in Japan during the 17th, 18th and 19th centuries had made sure that the country was in a position of being readily transformed into a new social order, and by this time, the ‘absurd’ policies of Tokugawa had become completely foolish and outdated, given the social and political conditions in the country at the time. Nationalism and patriotism and national consciousness had also pervaded the people of Japan, and with the arrival of the Perry expedition, at which point of time the arrival of foreigners was considered an attack on the basic traditional values of Japan, the collapse became imminent, and one can understand that Western powers had intentionally or unintentionally applied pressure on Japan and had paved the way for the reforms about to take place, and for the fall of the Shogunate to happen. At the same time, one must also remember that even without Western influence from the United States, Great Britain and Russia among others, the radical reforms of the Meiji restoration would have been inevitable, and although several of the ideas were indeed shaped by Western influences, local flavors too played a very important role in the Meiji restoration and in the fall of the Shogunate. Therefore, it must be stated that the Meiji restoration is in actuality the result of two important factors: the decay within Japan of her present feudal society, and the pressure applied by Western powers to bring an end to Tokugawa’s outdated regime. (Chung, TK 2007) Works cited Meiji Period (1868-1912) â€Å"History† Japanguide.com (2002) Retrieved on February 25, 2008 from â€Å"The Meiji Restoration† History Text (n.d) Retrieved on February 25, 2008 from â€Å"Meiji Restoration† Wikipedia (2008) Retrieved on February 25, 2008 from Chung, TK â€Å"The Meiji Restoration, Background† The corner of the world (2007) Retrieved on February 25, 2008 from         

Friday, August 30, 2019

Balloon Angioplasty Essay

Introduction: Angioplasty is a technique that broadens a narrow or congested blood vessel using a inflatable catheter. It is used to treat atherosclerosis (blood vessel impediments), and regularly made by an interventional cardiologist, a medical doctor with distinctive training in the handling of the heart, using invasive catheter-based measures. Angioplasty is frequently achieved as a minimally-invasive technique, where a stent is implanted into the blood vessel to preserve it open. A conceivable substitute to heart surgery, it has dependably been shown to diminution indications due to coronary artery disease and decrease cardiac ischemia. Procedure: 1. An introducer pointer is entrenched into the femoral artery in the leg. 2. A sheath introducer is placed in the opening to preserve the artery uncluttered and controller hemorrhage. 3. A controller drain is then strapped through the sheath introducer. Colorants can be inoculated through the guide catheter into the coronary artery to pinpoint and study the polluted artery using x-ray. 4. After reviewing the x-ray image, the cardiologist chooses the type of balloon catheter and plastic coronary guide wire that will be used. 5. The elastic coronary guide rope with radiopaque plastic tip is then introduced into the supervisory catheter and into the coronary artery. 6. Watching through x-ray imaging display, the cardiologist directors the flexible coronary guide wire through the coronary artery to the site of the obstruction. 7. When the stretchy guide wire reaches the obstruction, it is then strapped across the obstacle. 8. A hollow-tipped balloon catheter is then interleaved, using t he plastic guide wire as a conduit to the site of the impasse. At this point, the balloon is still collapsed. 9. After the balloon catheter spreads and is strapped inside the obstruction, the balloon is then exaggerated. Inflating the balloon increases the area about it and bandages the plaque accumulation (blockage). The exaggerated balloon also enlarges the artery wall. 10. A stent (wire mesh tube) occasionally is surrounded to keep the artery wall prolonged. The stent originally is implanted along with the balloon catheter, increases when the balloon is magnified, and left behind in the lengthened position as the balloon catheter is detached. For certain  people, heart disease cure can be accomplished without operation. Angioplasty is a non-surgical technique that can be used to open congested heart arteries. Stent appointment is another option that can be done throughout angioplasty. 11. The technique is achieved in the cardiac catheterization workroom by a dedicated cardiologist and a squad of cardiovascular nurses and specialists. Cardiac catheterization is achieved as part of angioplasty. Next, a sheath is implanted into an artery — regularly in your groin, but occasionally in the arm. A long, thin, hollow tube, called a catheter, is accepted through the cover and directed up the blood vessel to the arteries nearby the heart. A minor quantity of difference material is injected through the catheter and is cracked with an X-ray as it changes through the heart’s hollows, valves, and chief containers. From the cardinal movies of the difference material, the clinicians can tell whether the coronary veins are narrowing and whether the heart valves are active properly. There are abundant sorts of interventional procedures as below: Balloon angioplasty: During this process, a specially intended catheter with a small balloon tip is directed to the point of contraction in the artery. Stent:   A stent is a tiny metal mesh tube that acts as a scaffold to deliver support privileged your coronary artery. A balloon catheter, positioned over a guide wire, is used to supplement the stent into the lessened coronary artery. Once in dwelling, the balloon tip is exaggerated and the stent enlarges to the size of the artery and grips it open. The balloon is then collapsed and detached while the stent stays in dwelling enduringly. Over a several-week dated, your artery heals around the stent. Stents are usually placed during interventional events such as angioplasty to help retain the coronary artery exposed. Some stents comprise medication and are intended to decrease the risk of obstruction (restenosis). Atherectomy: The catheter used in this technique has a hollow chamber on the tip with an open space on one adjacent and a balloon on the other. When the catheter is introduced into the pointed artery, the balloon is exaggerated, assertive the window in contradiction of the fatty material. An edge within the cylinder alternates and shears off any fat that projected into the window.  The shavings are caught in a hollow within the catheter and detached. This procedure is recurrent as wanted to permit for better blood flow. Cutting Balloon: The cutting inflatable catheter has a singular balloon tip with small blades. When the inflatable is inflated, the razorblades are triggered. The small edges score the panel, and then the balloon wrappings the fatty material into the artery wall. Mechanics of Balloon Fabrication Angioplasty balloons, such as those described above, are fabricated by first designing a tube that is extruded in certain dimensions. This tube is then crystallized so that only a small length is left amorphous, and then the tube is free-blown into a balloon in a machine designed for that purpose. Lastly, the balloon is heat-set. All of these processes are carefully controlled in order to achieve a balloon that meets the necessary standards.

Family Law- Hindu Law

DARSHAN SINGH PATIALVI – ADVOCATE GENERAL | Restitution Of Conjugal Rights: Criticism Revisited| Introduction:- Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of  Restitution of Conjugal Rights  under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.This section is identical to section 22 of the Special Marriage Act, 1954. [2] The provision is in slightly different wordings in the Parsi Marriage and Divorce Act, 1936, but it has been interpreted in such a manner that it has been given the same meaning as under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. However, the provision is different under the section 32 Indian Divorce Act, 1869 but efforts are being made to give it such an interpretation so as to bring it in consonance with the other l aws.The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws. [3]The constitutional validity of the provision has time and again been questioned and challenged. The earliest being in 1983 before the Andhra Pradesh High Court[4] where the Hon'ble High Court held that the impugned section was unconstitutional. The Delhi High Court in  Harvinder Kaur v Harminder Singh,[5] though had non-conforming views.Ultimately Supreme Court in  Saroj Rani v. Sudharshan,[6] gave a judgment which was in line with the Delhi High Court[7] views and upheld the constitutional validity of the section 9 and over-ruled the decision given in  T. Sareetha v. T. Venkatasubbaiah. [8]It is a sad commentary that despite various courts including the Apex Court of the Country upholding the validity of section 9. Many jurists still hav e doubts with respect to the soundness of this section and demand its abolishment.Abolitionist's View The abolitionists argue that it is a remedy that was unknown to Hindu law till the British introduced it in the name of social reforms. Even when the Hindu Marriage Act, 1955 was being passed in the Parliament, there were voices of scepticism regarding the efficacy of this remedy. [9] Sir J. Hannen in  Russell v. Russell[10] also vehemently opposed the remedy. Further, they are of the view any law that forces any person to live with another person is contrary to the value of the society.The remedy openly violates the fundamental right to life, privacy and equality hence is unconstitutional. Further more, there is frequently insincerity in the petitioner's intention. The remedy is blatantly misused to achieve ulterior purposes other than reconciliation, the root cause being S. 13 (1-A)(ii) of the Hindu Marriage Act, 1955 and has created an additional ground of divorce. Yet another major problem with restitution petitions is that it is used as a defence for maintenance suits. This remedy has been repeatedly misused, abused and exploited. 11]Adding more, the procedure prescribed to enforce this decree under Order 21 Rule 32 of Civil Procedure Code, 1908 is also criticized on the ground that in India, where most of the population and especially women (wife) do not have actual possession over any property. In such cases, if a restitution decree is not complied with, then the court is required to ascertain the share of the wife in the property of her husband, when it is not divided and arrive at her share in the property, but this involves cumbersome procedures.Difficulty also arises if the husband does not have a property in his name. Further, it is not correct to think that coercing a person that his property would be attached and sold away can change the attitude of the adamant spouse and make him obey the decree. Counter View However, in my opinion, section 9 of the Hindu Marriage Act is one of the most misunderstood sections of the Matrimonial law. Despite the controversy it has continuously been upheld by the Judiciary.Even the legislature through various committees and its reports has supported this section. All the reasons so stated by abolitionists can be easily encountered if this socially benefiting section is read in the right light and its essence is understood. It is imperative that a clear understanding of the section 9 is required because it is often invoked. First of all, it cannot be said that the concept of conjugal rights and that its embodiment in section 9 is foreign to the Indian culture and society.It may be borne in mind that conjugal rights. Such a right is inherent in the very institution of marriage itself. [12] The only thing is new is the embodiment of this concept which has been prevailing since antiquity. The prime objective of section 9 is to preserve the marriage. [13] According to the Hindu Marriage Act mar riage is a civil contract and a religious ceremony. [14] It is a contract of the greatest importance in civil institutions, and it is charged with a vast variety of rights and obligation,[15] cohabitation being one of them.It is the very soul of marriage and this section enforces the right of cohabitation. If there is no reasonable ground for living apart, the court orders for cohabitation and enforces the Contract there is nothing wrong as the parties had voluntarily stipulated this at the time of entering into the marriage bond. [16]Section 9, in actuality, is a means of saving the marriage, it is in a sense an extension of sub-sections (2) and (3) of section 23 of the Act which encourage reconciliation by the court.It is the policy of the Act that the parties should live together and assist in the maintenance of marriages. [17] By enforcing cohabitation, the court is serving this purpose of the Act. Further, it is criticized on the ground that it allows the withdrawing spouse to take an advantage of his own wrong, which is against the scheme of section 23 and allows him/her to apply for a decree in case of non consummation of the marriage within one year of passing of decree. However in  Dharmendra Kumar v.Usha Kumari,[18] the Hon'ble Court clearly stated that The expression â€Å"in order to be a  Ã¢â‚¬Ëœwrong†Ã‚  within the meaning of section 23(1) (a) the conduct alleged has to be something more than mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled to. [19]It is also often claimed to be gender discriminatory and violative of Article 14. T. Sareetha case[20] confirmed this view. It is obvious that the judge considered the entire question of restitution from the point of view of the woman.It seems that it has been overlooked that restitution of conjugal rights can also be claimed by the wife. It is relevant to state tha t the section is gender neutral as by the Amending Act 44 of 1964 either party to a marriage has been allowed to present a petition for divorce on the ground given in section 13(1-A). Even the party found guilty in restitution proceedings is entitled to petition for divorce under section 13 (1-A)(ii). There is complete equality of sexes here and equal protection of the laws. [21] Therefore this claim of abolitionist is incorrect.Section 9 is also criticized for being an instrument of forced sexual relation and hence being violative of right to privacy guaranteed under Article 21. But much contrary is its purpose. The remedy of restitution aims at cohabitation and consortium and not merely at sexual intercourse. [22] In  Halsbury's Laws of England[23]  it is observed: (cohabitation) aces not necessarily mean serial intercourse, which the court cannot enforce, so that refusal of sexual intercourse by itself does not constitute refusal to cohabit. [24] In support of this propositio n the high authority of Lord Stowell in  Forster v. Forster,[25]  Orme v. Orme, [26] and  Rowe v. Rowe[27] may be cited. One thing is clear from Lord Stowell's decision in  Forster v. Forster[28] and Halsbury's statement of law that the Court does not and cannot enforce sexual intercourse. In cases like T Sareetha, [29] the concept of marriage is pictured as if consists as if it consists of nothing else except sex. Chaudhary, J. ‘s over-emphasis on sex is the fundamental fallacy in his reasoning.He seems to suggest that restitution decree has only one purpose, that is, to compel the unwilling wife to â€Å"have sex with the husband†. This view was discarded long ago in as early as 1924 Sir Henry Duke President in  Jackson v. Jackson. [30]To say that restitution decree â€Å"subject a person by the long arm of the to a positive sex act† is to take the grossest view of the marriage institution. [31]Therefore, it is fallacy to hold that the restitution of conjugal rights constituted â€Å"the starkest form of governmental invasion† of â€Å"marital privacy†. 32] Further, applying the standard that law has to be just, fair and reasonable as enunciated inManeka Gandhi,[33] section 9 said tries to bring the parties together. Whether to grant restitution decree would be just, fair and reasonable in the facts and circumstances of a given case is left to the court to be decided in its judicial discretion. What better guarantee can the law afford for the â€Å"inviolability of the body and mind† of the wife and her â€Å"marital privacy†[34] And therefore it can be safely stated that section 9 is not violative of Article 21.It also stated by critique that restitution decree serve as a stepping stone to divorce and is condemned to be a passage or passport to divorce. The reason behind the scheme of putting non consummation of marriage after one year of passing the decree of restitution of conjugal rights under sec tion 13 of the Act is that the Indian Legislature believes that there should not be a sudden break of the marriage tie. It believes in reconciliation and that that cooling-off period is not only desirable but essential. If the marriage cannot be saved even after passing the decree of restitution it must be dissolved.A factual separation gives an easily justifiable indication of breakdown. [35] That is, under the Act it serves a double purpose. It first finds the fault and where it lies. Secondly it leads to the dissolution of the marriage, if there is no resumption of cohabitation. Further, recognizing non-consumption of marriage after 1 year of passing of Restitution Decree as a ground of divorce enables the aggrieved spouse to apply to the court for maintenance under section 25; and maintenance pendente lite may also be claimed by making out a case for the same as provided in section 24.This enables a wife, who does not desire disruption of the marriage or even judicial separation from the husband, to secure provision for her support by an order of the court under the matrimonial jurisdiction conferred on it, instead of filing a suit for maintenance under the law relating to maintenance now embodied in the Hindu Adoptions and Maintenance Act 1956. [36]People who are against the concept of restitution of conjugal rights argue that England which is the nation of origin of the concept has deleted this remedy from its legislation and India is still continuing it.The Law Commission, in their Fifty-ninth Report have- not recommended its abolition nor in their Seventy-First Report of 1978. The Commission was aware that it had been abolished in England under section 20 of the Matrimonial Proceedings Act 1970. However, it is germane to state that retaining this section all these years is not without reason. The truth is that the legislature has not accepted the breakdown theory in toto, as has been accepted in England. [37] Adding on, a recent writer[38] has suggeste d that â€Å"the opinion of Derrett is more realistic and that the Hindu society is not mature enough to do away with the remedy.Its abolition would be like throwing away the baby with the bath-water. â€Å"[39]It is also argued that the methodology adopted in execution of the decree as mentioned in the Code- of Civil Procedure (0-21 Rules 32 and 33) is erroneous as it provides for financial sanction in case of non fulfillment of this decree. It is to be remembered that marriage is also contractual in nature. Providing for a financial sanction in case of non fulfillment of contractual obligation is a common practice. Also that enforcement by attachment of property is provided by court where the disobedience to such a decree is willful i. e. s deliberate, in spite of the opportunities and there are no other impediments. 0 21, Rules 31 and 32 C. P. C. provide only a financial sanction to serve as an inducement by the court to effectuate restitution and serve a social purpose i. e. p revention of the break-up of the marriage. [40]Often the case of  Russel v. Russel[41] is quoted by abolitionist, however the bigger picture as to why Lord Herschell called this remedy as barbarous is not brought in light. What he said and meant was that reasonable excuse, an essential for the decree of Restitution of Conjugal Right, was not confined only to the grounds of divorce.It can as well be â€Å"something short of legal cruelty† which might constitute a reasonable excuse for refusing restitution. What was stated by him was that if the meaning of reasonable excuse was restricted to the grounds, then this remedy shall be barbarous. This is precisely what has been taken care of in India as the history of the Act would show. Section 9(2) as originally enacted provided that â€Å"Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce. This created considerable difficulty. The Law Commission in its Fifty-Ninth Report recommended its deletion. It is now possible for the party to plead a reasonable excuse which may not necessarily be a ground either for judicial separation or nullity or divorce. So the Act was amended and by Act No. 68 of 1976 section 9 (2) was deleted. This brought the law in conformity with the opinion of Lord Herschell. It will, therefore, appear that Lord Herschell's expression â€Å"barbarous† was used in a different context. 42]Conclusion In summation, it may be stated that the grounds and arguments are baseless and they do not sufficiently prove that the Remedy of Restitution of Conjugal Rights is archaic, barbarous and violative of the basic Human Rights. It cannot be said that this remedy is unconstitutional. Section 9 has sufficient safeguards to prevent the marriage from being a tyranny. [43]In truth, it serves the social good purpose, by promoting reconciliation between the parties and mainten ance of matrimonial. It protects the society from denigrating. And all the years that it has been enforce it has efficiently played it's a role.References [1] Section 9 of the Hindu Marriage Act, 1955 reads as follows:- â€Å"When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly†. [2] After the Marriage Laws (Amendment) Act, 1976. [3] Paras Diwan, Law of Marriage ; Divorce, 4th Ed. p. 328. [4] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [5] A. I. R. 1984 Del. 66. [6] A. I. R. 1984 S. C. 1562. [7] Harvinder Kaur v Harminder Singh, A. I. R. 1984 Del. 66. [8] A. I. R. 1983 A. P. 356. [9] Jaspal S ingh, Law of Marriage and Divorce in India , (1983), p. 83. [10] (1897) AC 395. [11] A reference has been made to Mr. Prashanth S. J, Hindu Women And Restitution Of Conjugal Rights: Do We Need The Remedy [12] Kondal v. Ranganavaki, A. I. R. 1924 Mad. 49. [13] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [14] Harvinder Kaur v. Harmander Singh Choudhr, A.I. R. 1984 Del. 66. [15] Linda v. Belisario (1795) 1 Hag. Con. 216(21) per Sir William Scott at pp. 30, 232. [16] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [17] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [18] A. I. R. 1977 S. C. 2218. [19] Dharmendra Kumar v. Usha Kumari, A. I. R. 1977 S. C. 2218. [20] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [21] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [22] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [23] 12th Vol. , 3rd Ed. , p. 284. 24] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [25] (1790) I Hag. Con. 144. [26] (1924) 2 Addf 382-162 E. R. 335 [27] (1865) 34 L. J. P. M;A 111 [28] (1790) I Hag. Con. 144. [29] A. I. R. 1983 A. P. 356. [30] (1924) Probate 19 (2). [31] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [32] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [33] Mrs. Maneka Gandhi v. Union of India (UOI) and Anr, A. I. R. 1978 S. C. 597. [34] Harvinder Kaur v. Harmander Singh Choudhry, A. I.R. 1984 Del. 66. [35] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Delhi 66. [36] S. A. Desai, Mulla Hindu Law, Vol. 2, 19th Ed. , p. 60. [37] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [38] R. C. Nagpal, Modern Hindu Law, (1983), p. 110. [39] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [40] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. [41] (1897) A. C. 3 95 (16). [42] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [43] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. | |

Thursday, August 29, 2019

The Sacrifice of Isaac Essay Example | Topics and Well Written Essays - 750 words

The Sacrifice of Isaac - Essay Example I wanted to argue with God, bargain with Him if possible. However, images of my years of pilgrimage on this earth flashed before my eyes like they just happened a few days ago. I remembered the very first day God spoke to me telling me to leave my people, my father’s household and go to a place He was to show me, a place I never saw and did not know what to expect. This begun my long journey and the adventures God set for me to enjoy and the lessons I was to pick along the way. I saw myself using my wife as my protection to my flesh and life against the Egyptians as we went there because of a famine we experienced along the way. I was afraid that Pharaoh might envy me because my wife was exceedingly beautiful even as she was getting old, might kill me and take Sarai as his own. Although she was my half sister, I asked her to reveal only that information and not tell them that she was also my wife. Although God did not speak directly to me that time that what I did was wrong, He showed me this by inflicting diseases on Pharaoh and his households. I know now that He wanted me to put my trust totally on Him and so as if doing a replay on this account, God allowed us to move to Gerar where the people were godless and again I feared for my life more than what God could do to me. This time, God spoke to Abimelech who took Sarai as his wife and instructed him to return my love to me. How gracious God has been with me during those years I figured He was not able t o protect me. There have been more miracles God performed in my life only to show me that He can do anything for me but I wish to tell most importantly of the miracle about my son who was born when me and my wife were already likened to a dead tree. Isaac was promised to us long before he was born however, when we were getting older and my wife was not yet conceiving, we thought God might have meant us to

Wednesday, August 28, 2019

Network Foundation within Office Assignment Example | Topics and Well Written Essays - 250 words

Network Foundation within Office - Assignment Example This essay explores the software application purchase. General application software can be Microsoft Office 2010 as it includes wax viewer, work processing software, presentation software, and spreadsheet software etc. Microsoft application software comes with authorized registration that will allow different features for quick office use. Wi-Fi connections are very important but with the advanced smartphones, office work can be accessible. Smartphones with IOS technology such as HTC phones, Nokia, and iPhone etc. can be used as backup computers to stay connected to the main office server. Internet connectivity is also allowed by the telecom subscriptions available with the phones. Installation of computers, application software,  and antivirus can be installed and maintained by the company from where the computers will be purchased. These computers will be under guarantee. Also, automatic updates can be installed by the computers because it is an easy and two-step process.

Tuesday, August 27, 2019

Managment Essay Example | Topics and Well Written Essays - 750 words - 4

Managment - Essay Example I let them quarrel and sort out their differences. While some people may be able to put behind their personal differences and give their best output but others may not be able to do so. I need to make better decision than to leave them to their means. If as a manager I am able to ensure that their differences are ironed out, they will be able to work better. (Gerald Matthews, 2004) A manager should be able to break the ice between his team members. The longer it would take for them to become familiar with each other; greater would be the hindrance to work. I can deduce from my results that I am not good in this regard and would certainly like to work on this aspect of my personality. I am usually hesitant to start conversations but as a manager the onus lies more on me than on anyone else. A manager should be fully aware of his strengths and weaknesses before he tries to understand his team’s. This is a point where I would be able to succeed easily. My assessment scores have not been much different from the scores that my friend gave me. This indicates that myself awareness level is high and will make it easy for me to work on my weaknesses. I can see from my assessment test that I feel nervous about choking at crucial situations. This is a problem that I need to solve. A manager who looks nervous in the face of an approaching deadline might not be able to motivate his team. However in this regard my friend’s perception is different. He feels that I give my best effort during a crunch situation. This indicates that I may have been able to hide my emotions of being nervous which certainly bodes well for managerial job. I however do remain calm most of the times even during a fight which I think is a good managerial quality. A successful manager usually does not takes decisions unilaterally. He should take inputs from all the concerned and then decide according to the best inputs he receive. This is already being done by me as I can deduce from

Monday, August 26, 2019

The impact of effective training on a company Essay

The impact of effective training on a company - Essay Example In order to gain a full understanding of what training is, it is imperative to begin by explaining the meaning of the whole concept. Mullins (2010, p 502) define training as â€Å"content based activity, normally away from the workplace with an instructor leading and aiming to change individual behaviour or attitudes. Training and development are beneficial for both firms and the employees. In most cases, the performance of the employee is shaped by their attitude or behaviour towards something. Of notable concern is the fact that these attitudes and behaviours are not static since they are subject to change. Managers that are concerned about improving productivity as well as performance of their employees ought to identify the areas in which the employees need training so that they can improve their performance at work. This will also help the organization to achieve its desired goals and objectives. In most cases, successful training begins with the needs assessment which is used to determine the number of employees that need to be trained and what they need to be trained in order to accomplish. A set of objectives is often formulated and these state the purpose of the training and the competencies that are required by the trainees. . Swanepoel et al (1998) suggest that the needs analysis of training requires time, money and expertise. Successful training ought to be properly planned since it may negatively impact on the employees if poorly conducted. When the managers have identified the employees who need training, a proper program is put in place and this ought to be properly followed in order to obtain the desired results. Training is not an event but it should be a continuous process that is aimed at constantly improving the performance of the employees. Schultz et al (2003) posit to the effect that the viability of the organization can be achieved if it has programs that are intended to train and develop the employees such that they are in a position t o deal with the challenges they may encounter in their dispensation of their duties. The employees’ skills should be upgraded in order for them to be able to meet the demands of the ever changing environment in which they operate. Therefore, it is imperative for the HRM to make sure that basic training is provided to the employees so that they are equipped with the required knowledge and competencies to deal with challenging tasks that can arise in their work. This also helps the employees to come up with amicable solutions that can help to deal with problems they may encounter in their operations. It is quite obvious that we are moving into a knowledge economy where employees should be trained so that their skills and competencies are improved. Hurn (2007) posits to the effect that training can help to improve the performance of people who come from different cultural backgrounds. This will help them to generate knowledge about different cultural aspects that can impact on t heir performance in the workplace in different areas. Basically, the purpose of training is to improve the skills and to change attitude (Mullins, 2010). Training can be a great motivator in the workplace and it can lead to many possible benefits for both the individual and the organization. For instance, training can increase the confidence, motivation and commitment of staff (Mullins, 2010). Motivated employees are committed to their work and

Sunday, August 25, 2019

Technology and Healthcare Essay Example | Topics and Well Written Essays - 1000 words

Technology and Healthcare - Essay Example The potential of IT industry in the healthcare sector is huge and the opportunity is increasing with every passing year. To get involved in the healthcare industry, the amount invested by the venture capitalist has increased three times from 2010 to 2013, from $ 343million to $955 million. (Lee, 2013). There are 5 distinct ways by which the technology is associated with the health care industry. These include: Using data to offer a better diagnosis and treatment of the patient by the doctors and physician; Helping doctors to communicate with the patient in a better way; Technology able to help doctors to communicate between one another to consult about the treatment of any serious cases; Connecting doctors with the patient anytime from anywhere; Helping patients to stay healthy with the help of various mobile and technological applications. (Lee, 2013). One of the best examples of use of IT in healthcare is development of â€Å"Omnifluent Health, a translation program for doctors and others in the medical field.†(Lee, 2013) In USA, almost 47 million people do not speak or understand English, so this application I a great medium for them to communicate with doctors. New York City startup Sherpaa started a service of medical consultations online and over the phone for the people of USA. â€Å"Fitbit is one such kind of device which tracks daily sleep and activity and uses social networking and gaming to motivate its users.

Saturday, August 24, 2019

The Life of D. H. Lawrence Term Paper Example | Topics and Well Written Essays - 1500 words

The Life of D. H. Lawrence - Term Paper Example In fact there are only few subjects which failed to grab the attention of DH Lawrence. Since many of his opinions were against the traditions and existing laws of English social life, he earned many enemies during his life span. In fact he forced to live in exile just like the current literature writers Salman Rushdie and Taslima Nasrin because of the controversial remarks he made against English social life through his literatures. His liberal views about sexual life earned him the reputation or title as a pornographer during the latter stages of his life. In short, DH Lawrence was a misunderstood a person during his life period even though he got wide recognition at present. This paper analyses the life of DH Lawrence and his contributions as a novelist, poet, play writer, essayist, literary critic and painter. â€Å"David Herbert Lawrence was born on September 11, 1885, in Eastwood, Nottinghamshire, central England. He was the fourth child of a struggling coal miner who was a hea vy drinker. His mother was a former schoolteacher† (DH Lawrence). His mother had better education than his father and therefore his father developed some inferiority complex which caused many problems in the family. As his father spent majority of his earnings for drinking, only the mother’s earning were used for the family expenses. However, her earnings were not sufficient enough to meet the living expenses of a big family and therefore DH Lawrence faced poverty during his childhood life. In fact his bitter early childhood experiences made him tougher as he grown up. DH Lawrence was a smart student during his childhood and has completed his school studies with some scholarships. After the completion of school education or matriculation, he failed to get college education because of poverty in his family. He accepted various jobs like clerk, school teacher etc immediately after the completion of his school education in order to support his family. At the age of 25, DH Lawrence lost his mother. In fact, â€Å"he helped her die by giving her an overdose of sleeping medicine† (DH Lawrence). Even though mercy killing is acceptable up to certain extent in the current society, it was not so in the past. Lawrence’s action of assisting his mother die brought many criticisms during that period. The conservative English society was not in a position to accept such activities at that time. DH Lawrence suffered lot of criticisms because of this act and even though his intentions were positive. DH Lawrence started his literature writing even before the death of his mother. In 1909, a number of Lawrence's poems were published by Ford Max Ford in the English Review. The appearance of his first novel, The White Peacock (1911), launched Lawrence into a writing career. In 1912 he met Frieda von Richthofen, the professor Ernest Weekly's wife and fell in love with her. Lawrence's novel Sons and Lovers appeared in 1913 and was based on his childhood. In 1914 Lawrence married Frieda von Richthofen, and traveled with her in several countries. Lawrence's fourth novel, The Rainbow (1915), was about two sisters growing up in the north of England. Lawrence started to write The Lost Girl in Italy. He dropped the novel for some years and rewrote the story in an old Sicilian farmhouse near Taormina in 1920 (DH Lawrence). The beginning of

Friday, August 23, 2019

Censorship Essay Example | Topics and Well Written Essays - 1000 words - 2

Censorship - Essay Example ce, a book is introduced to the learning curriculum of a school system, then such a book must have passed the set limits of acceptability (Anderson, 19). This paper will thus address in details the reasons as to why some communities, libraries and schools opt to ban materials. This is to say that the paper will give principles as to why there are merits and demerits of banning materials for the said schools, public libraries and communities. To begin with, there is a school of thought and proponent of the line of thought that stipulates that some materials such as books that are banned are done so rightly. This stems from the reasoning and the line of thought that such materials could be laced with overtone racial issues such as the book I Know Why the Caged Bird Sings by Angelou Maya. In most cases and instances, it could be due to the encouragement of one racial group over and above the others. In a situation where the book or material is intended for the pupils in formative years, then such a material either in the form of language ought to be censored. For instance, if a primary school book is laced with racial language that aims at discriminating against another, then the material would skew the mind and reasoning acumen of the young children towards such direction. It is important to note and mention that the children would have been misguided into believing such stereotype which would be prejudicial in their subsequent years. This is to say that such pupils would have been misled by being exposed to reading such material while on the hand, it would have been banned and the damage controlled even before it takes effect. Secondly, materials and languages by extension which seem to encourage socially immoral and derogatory lifestyles are ought to be banned from public libraries and schools. People read and gain insights on the real life from the materials that they read from books. It does not help any much if such materials and languages seem to covey

Thursday, August 22, 2019

Saving Private Ryan Movie Review Example | Topics and Well Written Essays - 1000 words

Saving Private Ryan - Movie Review Example A subjective point of view usually shows the viewer what the main character is experiencing in the story. To create this point of view, Spielberg had to show us shots of Captain Miller looking at something and then shows us how the captain reacts to what the captain witnesses. This subjective point of view, not only appears during the first epic battle scene but also in other battle scenes throughout the film. There is another remarkable battle scene later in the film where the soldiers encounter German troops in the bombed-out remains of a French town. Spielberg is keen to show the viewer that men who fight in the war put their life on the line for others, not for heroism, but because it is their duty to do so. He clarifies this point by using Captain Miller’s point of view. Miller is a delightful, soft-spoken individual that experiences the horrifying violence of the battle scene as he sees other soldiers lose their lives. As the leader of his group, Captain Miller lets us i n on the importance of winning the war and at the same time shows the viewer on his determination to complete his mission of saving Ryan’s life so that he can go back home. Question 2 One controlling motif in the film is the use of noise and silence. This motif is clearly brought out especially since Spielberg uses Captain Miller’s point of view. ... This happens during the first battle scene on the beach where a soldier tries to ask him for orders, and he snaps out of the silence back to the noise. The elimination of sound is an effective expression of Captain Miller’s state of mind at that time. It could be logically significant because his hearing could have been damaged by the blasting noise of the battle machines, or a psychological trauma of his emotional pain. This motif helps to enhance the subjectivity of the film as well as the theme of courage. In a way, a soldier has to face his opponents and to Miller blocking out all the noise so as to see things clearly helps him to be courageous to face the battle. By alternating between the noise and silence during battle, Spielberg shows his mastery of sound editing while he lets the viewer experience what the soldiers are going through on the battlefield. It is doubtless to say the Spielberg expertly uses this motif to enhance the theme of the film as well as carry the v iewer through the battle experience. Question 3 Spielberg uses Tom Hanks as Captain Miller and in doing so succeeds in portraying him as a human. He conveys his humanity through his ability to lead his group of men in their quest to save the life of one man. In doing so, they need to stay alive amid exploding bombs and flying bullets. Captain Miller knows that it is necessary to win the war but what drives him is the desire to survive it all and go home to his wife and family. This desire drives him to complete his mission because he knows that family is an extremely fundamental aspect of one’s life.  

Designing a system for an IT user Essay Example for Free

Designing a system for an IT user Essay John would need at least a 4GB RAM as that will provide john with a lot of temporary memory to make his computer faster. Task 2- Storage Devices Item Description Why Required? Hard Disk It stores data, all data is stored on the hard disc. The hard disk is the main storage device on a computer it is needed for storing everything from pictures to software. The data is stored in this magnetic material. Thus, the hard disk is known as a magnetic storage device. He needs to save all his music, movies, work and other files. Everything he does needs to be saved on the hard disk so he needs. He needs a hard disk that comes with his computer to have a lot of memory preferably more than 500GB, so it is unlikely for him to need more memory. Flash Memory A flash memory, also known as a USB, stores memory which can be transferred from one computer to another computer. They are usually lightweight and easy to use. He needs a USB to transfer his work from his computer to another computer so he can also edit his work when he is studying on another computer. John can save a lot of work on a Flash Memory because they can be up to 64GB. CDs and DVDs CDs and DVDs are used to store audio or video files which can be played in a compatible CD or DVD player. A single sided DVD can store about 4. 7Gb of data. DVDs which store data on both sides can hold over 9Gb of data. He could use DVDs or CDs to store his music or the homemade movies that he makes. They are small, portable and are very easy to use but Johns computer will need a disk reader which usually comes with the computer. Task 3- Software Requirements Item Description Why required? Windows 7 It is the latest edition of windows operating systems. It has more features than windows vista such as improved booting times. It also has pre-installed programs such as windows movie maker, windows photo gallery and other programs. Windows 7 is quick and easy to use. He can also save files that can be compatible with other operating systems. I think that this will be the most useful operating system because most programs are compatible with windows and this is the latest edition of windows. Other operating systems like Apple (Mac) are much more expensive and not all programs are compatible with an Apple Mac and a Linux. Microsoft Office Professional 2007 It is cheap (i80 minimum price), Microsoft office 2010 is not a lot different but is i 430. Although this isnt the latest edition of Microsoft office, it isnt much different from the new 2010 edition and the 2007 edition is much cheaper. Microsoft office professional is one of the easiest software applications that can be used and it is very powerful which enables John to do many tasks at one using many different features such as word art. Although Microsoft office doesnt have as much creativity skills as other software, such as Adobe Photoshop, it still has many other features such as creating publications and presentations. Word : Excel : PowerPoint : Outlook : Publisher: Microsoft Word is easy to use and can also be saved in different formats. The 2007 version of word is compatible with word 2003, which he uses at college. Word also gives options of different layouts and different templates. It features calculation, graphing tools and many features what can be used in a spreadsheet. Excel is extremely useful as it can do anything a calculator can do and plot it into graphs and tables. Excel isnt all calculations; it also has some design features, for example colourful tables, graphs, text and table templates. PowerPoint can be used to make slideshow presentations which are easy to use. PowerPoint has custom animations which can be used on text, picture and slides. PowerPoint also gives templates which can make the presentation look of high standard as the templates have a colour scheme which makes a presentation look professional. Microsoft Outlook is a personal information manager from Microsoft, available both as a separate application as well as a part of the Microsoft Office suite. This is a publishing program which is easy to use, has many templates and produces good quality documents. Publisher is very powerful and easy to use. It lays out work for anyone who wants to produce work. To use publisher a custom layout doesnt have to be designed which makes work much quicker. Other publication software is not as fast as publisher. He needs word to help him with his A-levels and he uses Microsoft office at college so he is used to it. He can also use word to create flyers and other documents for his participation at the local conservative. Word can be used to create documents, letters, flyers and general editing. Word has many simple features which will make Johns work look good. He will use excel to make spreadsheets as he could be using this for his ICT A-level. Word is a very cleaver, powerful application as it can solve equations deal with difficult numbers and plot them into graphs. He can also use excel to plot tables for general use, for example how many leaflets he has printed for his local conservative party and how much were the printing costs. He could use PowerPoint to help him with his ICT A-level and because John is used to using Words at his college. He can also use PowerPoint to make presentations in his other a-levels, for general use and to give presentations about the local conservative party. He needs outlook to view his emails and easily manage everything. John can send and receive emails quickly using outlook. He can also use outlook to attach files, e. g. take work from college and back it up on home computer by sending files through an email. He needs publisher to produce flyers, leaflets and other documents he has Microsoft office 2003 so it is compatible with Microsoft 2007. He can also use publisher to produce letters that he can send and use generally. Publisher has many templates for example letters, flyers and business cards and they come in different sizes (A4, A5 and more). Access : Microsoft access is a program which allows you to make tables and search information in a database. If formulas are not needed it is better to use access than excel because it is easy to navigate to an area of data out of a database. He is likely to use this in his ICT A-level so when he does his work at college, he can finish it off at home. John can also use access to create tables about the amount of leaflets he has made. He can also use a database to record everything that goes on during the conservative party meetings. Adobe Photoshop Elements Adobe Photoshop is editing software used to edit pictures. It is also cheap. Adobe Photoshop elements might not be able to produce finalized documents like word or publisher but it can create stunning design picture, text and other shapes. He could use adobe Photoshop to edit his picture or graphics in Art/Design level. He also likes photography and he will be able to edit his pictures. To produce quality leaflets for his local conservative party John can create shapes and a design scheme in adobe Photoshop and bring it into word so he can add text and finalize his document. Adobe Premiere Elements Adobe Premiere Elements is a video editing software application for nonlinear video editing, published by Adobe Systems. It is a scaled-down version of the professional-level Adobe Premiere Pro. Adobe premiere elements have features which can edit each individual time frame. John likes making and editing home made movies and adobe premiere is a professional movie making software. An alternative video editing software is windows movie maker which comes free with windows 7, but windows movie maker doesnt have as much editing features because it is free and John will usually get more for something he pays for. Task 3 -Software Requirements Item Description Why Required? Reason Reason is a music making program which allows you do add and edit different sounds. Reason is a professional music making software which allows someone to edit music or sounds, just like professionals e. g. DJs. In Johns free time he likes making his own music so reason would be a good program for him to use. John can create a remix of other people music tracks or he can create his own music. He can also go back and edit every time frame of his music track. Microsoft German Language Pack Microsoft German language pack converts any language to German. It can even convert an internet page to German language. He studies German for his A-levels. John can use the German language pack to help him convert English to German if he needs help with his work. /he can also use the German language pack to convert all of his settings to German language so he can get used to reading German. Windows Live Messenger. Msn messenger is a free messenger which is easy to use and is used by many people. John can also use windows live messenger on his mobile so he can talk to a contact even when he isnt at his compute. It is very easy to use and he can add any contacts and make video/voice/text chats to them. John needs to talk to his friends and family. He also likes to make video calls. Windows live messenger is free and can be used just to write messages to a friend or family and John can also send happy or sad emotions to a contact he can also attach and send files to somebody in his contact list.

Wednesday, August 21, 2019

Causes And Effects Of Land Pollution Environmental Sciences Essay

Causes And Effects Of Land Pollution Environmental Sciences Essay The object of this project is to gain a more a holistic and deep understanding of the Legal and Regulatory framework governing Land Pollution in India By looking into the origin of Environment we understand how the society till date has shaped and what is the Causes and Effects of Land Pollution and what contribution the Law has given . Another very important object of this project is to understand what the need of Environmental Law in the society was. The method of research adopted is doctrinal in nature. I have referred sources on the net as well as a few books on Environmental Law available in the university library besides adding my personal views and knowledge of the topic. Land pollution is the contamination of the Earths land surface through misuse of the soil by poor agricultural practices, mineral exploitation, industrial waste dumping, and indiscriminate disposal of urban wastes. It includes visible waste and litter as well as pollution of the soil itself. Soil pollution is caused by chemicals in herbicides and pesticides for agricultural activities as well as littering of waste materials in public places such as streets, parks and roads. The accumulation of waste is a threat to the health of people in residential areas and waste decays also encourages household pests and turns urban areas into unsightly, dirty and unhealthy places to live in. These problems result in the loss of 6 million hectares of land each year. It also results in the loss of 24 billion tons of topsoil each year and a loss of at least 15 million acres of prime agricultural land to overuse and mismanagement every year. Some measures of land pollution are through the education of people through campaigns, recycling to reduce wastes. Laws have also been passed by governments to deal with land pollution. When we hear a person describe a place as dirty, what usually comes to our minds is the bad condition of the place. The place, which could be your bedroom, is imagined to have clothes scattered on the floor and books unarranged on the shelf. However, I define the word dirty in a more specific manner. Dirty in my definition, means that there are rubbish or litter on the floor. This makes the atmosphere of that certain place unpleasant not only to the eye, but also to the mind. Land pollution is therefore the dirtying of the land. It comes about due to inconsiderate dumping of waste, littering and ineffective waste disposal methods. Mixing of harmful substances with soil is called land pollution. When the natural soil gets mixed with the harmful and toxic elements due to various means, it pollutes the soil and alters its original physical and chemical characteristics. Animals waste too pollutes land. The effect of such soil pollution is quite harmful and dangerous on human life as well as on plants and animals. Soil pollution slowly and steadily causes environment and air pollution as well by vaporization of various harmful chemicals from the contaminated land. Polluted land results into further pollution of plants and ground water resources which ultimately leads to polluting entire web of food chain in the ecosystem. Chapter 1 Causes and Effects of Land Pollution People across the globe have been facing a number of health problems caused due to the pollution of land, water and air. Talking about land pollution, it has some of the most devastating effects on both nature and living beings. Land pollution is characterized by the contamination of Earths surface, where humans and other creatures live. One of the major causes of land pollution is human activities. Given below is complete information about the main causes and harmful effects of land pollution.    1.1 Causes of Land Pollution The disposal of non-biodegradable wastes, including containers, bottles and cans made of plastic, used cars and electronic goods, leads to the pollution of land. The process of mining leads to the formation of piles of coal and slag. When these wastes are not disposed through proper channel, they are accumulated and contaminate the land. Industrial wastes are major contributors of land pollution. Dumping of toxic materials such as chemicals and paints makes the areas surrounding the industries, look very filthy. Improper treatment of sewage leads to the accumulation of solids, such as biomass sludge. These solid wastes overflow through the sewage, making the entire area look dirty.  [1]   Population India is the second most populous country in the world with more than 1 billion people.  This large population is also an environmental challenge for the world. Soil Erosion This is the biggest problem. Wind also aids in expanding the ever-increasing desert conditions of the Rajasthan desert.   Similarly, many ports are now covered in sand for the same reasons. Deforestation Although the British started deforestation in India, the pressures to modernize since the partition of 1947 have only increased the rates of deforestation.   The mercurial growth of cities and the rapid construction of factories to help feed the thirst for economic growth have come at the cost of Indias woodlands.   These policies not only harmed the trees but the indigenous peoples that had long thrived among the trees throughout India.   2. Effects of Land Pollution   Tonnes and tonnes of domestic wastes are dumped every day. Since people do not follow proper methods for the disposal of such wastes, it leaves the places look dirty and makes them unhealthy. Land pollution indirectly affects the respiratory system of human beings. Breathing in polluted dust or particle can result in a number of health problems related to the respiratory system.  [2]   Skin problems are often diagnosed due to land pollution. It is said that the improper disposal of household wastes leads to allergic reactions on the skin. Land pollution has been found as one of the leading causes for birth defects. Pregnant women living in unhealthy and dirty environment can incur breathing problems and a number of diseases, which may affect the health of the baby as well. Land pollution has serious effect on wildlife. Flora, which provides food and shelter to wildlife, are destroyed. Land pollution often disrupts the balance of Nature, causing human fatalities. Chapter 2 Legal framework governing Land Pollution in India 2.1 Policy under the Five-Year Plan. Indias development plans balance economic development and environmental concerns. The planning process is guided by the principles of sustainable development. There has been an evolutionary process for mainstreaming environmental protection in Indias planning process. The first formal recognition of the need for integrated environmental planning was made when the Union Government constituted the National Committee on Environmental Planning and Coordination (NCEPC) in 1972. The concern for environmental harm came to the fore especially during the Sixth Five-Year Plan (1980-85), which contained a separate provision for environmental degradation. Steps were also taken for water, air, noise, and land pollution.  [3]   2.2 Constitution of India a) The States responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows: It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. c) Article 21 of the Constitution is a fundamental right which reads as follows: No person shall be deprived of his life or personal liberty except according to procedure established by law. d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties. e) The States responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. 2.3 The Environment (Protection) Act, 1986 The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that provides a holistic framework for the protection and improvement to the environment. In terms of responsibilities, the Act and the associated Rules requires for obtaining environmental clearances for specific types of new / expansion projects (addressed under Environmental Impact Assessment Notification, 1994) and for submission of an environmental statement to the State Pollution Control Board annually. 2.4 Hazardous Wastes (Management and Handling) Rules, 1989,as amended in 2000 Waste refers to a material that has no utility for a person. Although natural waste can be disposed off and recycled or composted, it is the toxic, non-degradable waste of plastic and electronic goods that is becoming a mounting problem for India and other developing nations. Besides the contribution of households, garbage is also generated by industries, agriculture and mining.  [4]   The Hazardous Waste Rules applied to Management and Handling of 18 categories of wast like: Cyanide wastes Metal finishing wastes Waste containing water soluble chemicals compounds of lead, copper, zinc, chromium, barium, and antimony Mercury, arsenic, thallium, and cadmium and antimony Non-halogenated hydro carbons including solvents Halogenated hydro carbons including solvents Wastes from paints, pigments, glue, varnish and printing ink Wastes from dyes and dye-intermediates containing inorganic chemical compounds Wastes from dyes and dye-intermediates containing organic chemical compounds Waste oil and oil emulsions Tarry wastes from refining and tar residue from distillation or pyro lytic treatment Sludge arising from treatment of waste water containing heavy metals, toxic organic, oils, emulsion and spent chemical and incineration ash Phenols Asbestos Wastes from manufacturing of pesticides and herbicides and residues from pesticides and herbicides formulations units Acid wastes Off specification and discarded products Discarded container liners of hazardous and toxic chemicals and wastes.  [5]   The Problem of Disposal of Hazardous Waste and its Dangers The sharp increase in waste generation is not matched by facilities for disposal of hazardous waste. In India, waste is either burnt or just buried at a place. The sharp increase in the quantum of generated waste and the inadequate space for its disposal has led to improper methods of disposal. Consequently, problems like contamination of ground water and increased air pollution have emerged as serious threats to general health and life. The municipal workers are most affected people by the occupational danger (hazard) of waste handling; they suffer from illness like eye problems respiratory problems, gastro and skin problems.  [6]   While the improper disposal of solid waste can result in environmental and health problems, the growing quantum of electronic waste poses a massive risk to our ecological system.   Electronic equipment waste ranging from personal computers, optical disc players and mobile phones contains toxic materials like lead, cadmium, mercury, flame retardants and leaching plastics. If this waste is left untreated in landfills or dumps (as is the case in India), it will result in irreparable loss to the life in the soil, water and the atmosphere, thus adversely impacting human health and ecology. People working in areas close to these landfill areas or areas where electronic waste is stored are in danger of severe health problems like damage to the kidneys, swelling of the brain, interference with regulatory hormones, skin problems, cancer and neurological and respiratory disorders. Indian Laws relating to Disposal of Hazardous Waste In India, the Environment Protection Act, 1986, authorizes the central government to take all measures deemed necessary or expedient to protect the quality of environment and prevent any type of pollution. Hence, the Government of India has framed the Hazardous Waste (Management and Handling) Rules, 1989 and Hazardous Waste (Storage Export and Import) Rules, 1989 to regulate the disposal of hazardous waste in India.  [7]  These rules make it mandatory for any organization to seek the permission of the local state pollution control board for grant of authorization for carrying hazardous substances in the form of collection, reception, treatment, transport, storage and disposal of such wastes. In recent judgement of Rajasthan High court in the Suo Motu action taken against the administration of Jaipur city, Justice D. V. Singh held that right to life includes the right to food, clothing, shelter, right to reasonable accommodation to live in, right to descent environment and also right to live in clean city. Even in the case of Municipal Council, Ratlam V. Vardichand  [8]  , the case which was the beginning point of environment jurisprudence in India in which justice Krishna Iyer attributed the pollution free environment and public health with that of Human right aspect. Judgment and decisions of the judiciary have proved that pollution free environment and clean city is facet of Right to life. The Basel Convention Which was signed by India on 22 September, 1992, sought to regulate the garbage imperialism or toxic terrorism, as it was called, indulged in by the Organisation for the Economic Cooperation and Development (OECD) countries towards Non-OECD Countries. The Basel Convention envisaged that in the beginning of year 1998, there will be complete ban on exports of hazardous waste but it could not materialize for obvious reasons. Besides so many important clauses in the Basel Convention, the most important one is that the country which is importing hazardous waste should have facilities to dispose of the waste in an environmentally sound manner. Final Legal Take Away Tip The government of India has proposed a new set of rules called the E-waste (Management and Handling) Rules 2010. This provides for making the producer of electrical and electronic equipment responsible for the collection and appropriate disposal of e-waste generated at the end of the product life.  [9]  Besides banning the import of used electrical and electronic equipment for charity in the country, these new rules also aim to regulate not only the producers, but also the recyclers and intermediaries. 2.5   Law Relating to Bio-Medical Waste Management The hospital wastes attracted the attention of the Supreme Court as early as in 1994 when a writ petition was filed under Article 32 of the Constitution against the concerned authorities to provide clean and health environment. Issue of improper hospital waste management was the crux of the case in B.L. Wadhera v. Union of India  [10]   The court gave series of directions. The most important among them are: 1. All hospitals with 50 beds and above should install incinerators or any of effective alternative method under their own administrative control. 2. The incinerator or alternative methods should be fitted with necessary pollution control mechanism, approved and confirming to the standards laid down by the Central Pollution control Board. 3. The Central Pollution control Board and the State Pollution Control Boards should regularity send its inspection teams in different areas to ascertain that the collection, transportation and disposal garbage/wastes is carried out satisfactorily. Under the Indian Penal Code, 1860 a polluter of the environment can also be punished if he does an act which causes any common injury, danger of annoyance to the public or to the people in general then the act may be treated as public as defined under Section 268 and the offender may be treated punished under Section 290 or 291 of the Code, There are also penal provision under a situation which either causes, or destroys, or diminishes the value or utility of any property, of affects the property injuriously as provided under the Section 426, 230, 231, and 432 of the Indian Penal Code. This otherwise means that if any person who generates, collects, receives, stores, transport, treated, disposes or handles bio-medical wastes in any form sh all be treated as a contravener of the above penal provisions.  [11]   There should be concerted efforts of government for spreading the awareness among the people about the importance of cleanliness and protection of environment through the communication media as well as organizing awareness camps at local levels.  [12]   Bio Medical (Management and Handling) Rules, 1998 The Bio-medical Rules came into existence in 1998 through a notification in exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986. Bio-medical Rules is the first of its kind of national law in whole South- East Asian Region in relation to bio-medical waste management. The definition of Bio-medical waste is very comprehensive and extensive one. National legislation is the basis for improving health care waste practices in any country. There should be a clear designation of responsibilities before the law is enacted. Unfortunately, Indian law fails to come up to the standard prescribed by the World Health Organization. The Committee on Solid Management  [13]  recommends that bio-medical waste should be refrained from throwing on the streets or open places as well as into municipal dust bins or the domestic waste collection sites. This means majority of the institutions still managed to throw the bio-medical waste municipal bins near to their premises. So it can be said that utter failure of the law in implementing it. The Rules is very wide and includes the occupier who generates bio-medical waste. The Rules which speak about setting up of incinerator or any other alternative mechanism in a hospital. Let us presume that the all the hospitals have set up the incinerator. Has the Pollution Control Board equipped with enough infrastructures to check and each and every incinerator of a hospital in relation its operation and emission standards?  [14]   Just by imposing deadline regarding setting up of incinerator even after it has been discarded by western countries or any other methods. The incinerator should be used at it optimum level otherwise the waste may not be treated properly. In a hospital environment, technologies like incineration fail because untrained janitor staff runs them. Most of the surveys incinerators run at temperatures lower than those specified in the rules. Due to poor operation and maintenance, these incinerators do not destroy the waste, need a lot of fuel to run, and are often out of order. If every hospital has an incinerator; definitely it cannot be used its optimum level as the amount infectious waste is less. This leads improper treatment of bio-medical waste. The result is obvious causing danger to human health and the environment Generally waste is disposed through incineration by heating minimum 1000 o C. Due to failure of continue supply of electricity the heat will not raise up to prescribed level. The result is not completion of disposal of waste according to the rules. 2.6 The Municipal Solid Wastes (Management and Handling) Rules, 2000 This defined municipal solid waste as commercial and residential wastes generated in a municipal or notified areas in either solid or semi-solid form excluding industrial hazardous wastes but includes treated bio-medical wastes. According to Purden Anderson, refuse and solid waste are about the same thing, Garbage is food waste, Trash and Rubbish are roughly equivalent terms; they contain little or no garbage. Trash frequently refers to grass and shrubbery clippings, papers, glass, cans and other household wastes.  [15]  Rubbis is also likely to include demolition materials like brick, broken concrete, and discarded roofing and lumber. It has further been clarified that solid waste includes discarded and abandoned appliances tank autos, mine and manufacture waste, agricultural, lumbering, hospital, research laboratories and industries. Some industrial wastes are toxic or hazardous. It is important to ascertain the nature of waste whether it is biodegradable or combustible in handling and disposal of solid waste. Combustion and landfill method of disposal further gives rise to problems like air, water and land pollution, affecting adversely the health of the man, and flora and fauna. Apart from household, office waste, the waste from industries within the city precincts have become a threatening problem now-a-days. Waste from industries using chemicals and synthetics, biomedical waste are hazardous or dangerous waste too. The Indian Penal Code and Solid Waste Management The Indian Penal Code of 1860 has dealt with solid waste management under Chapter XIV of offences affecting the public health, safety, convenience, decency and morals. Since, solid waste gives rise to various type of diseases and is dangerous to public health, it has been treated as public nuisance and has been made punishable. But there is no direct section in the Code which deals with the problem of solid waste. Provisions under the Criminal Procedure Code, 1973 Section 133 of the Criminal Procedure Code, 1973 deals with removal of nuisance and empowers the Sub-Divisional Magistrate or any executive Magistrate, on receiving report/information, to make order to remove the public nuisance and desist from carrying any trade, business which is causing public nuisance. The Court have made use of Section 133 of the Code widely to deal with the problem of solid waste management. In the famous case of Municipal Corporation, Ratlam v. Shri Vardhichand  [16]  Justice Krishna Iyer declared that à ¢Ã¢â€š ¬Ã‚ ¦the guns of Section 133 go into action wherever there is public nuisance. The public power of the Magistrate under the Code is a public duty to the members of the public who are victims of the nuisance. If the order is defied or ignored, Section 188, I.P.C. comes into penal play. It was further, observed that imperative tone of S.  133, Cr.P.C. read with the punitive temper of S.  188 I.P.C. makes the prohibitory act a mandatory duty. The Court also pointed out that Article 47 of the Indian Constitute makes it a paramount principle of governance that steps are taken for the improvement of public health as amongst its primary duties. Right to sanitation, decent and dignified life The courts on various occasions have declared in unequivocal terms that maintenance of health, preservation of sanitation falls within the purview of Article 21 of the Constitution as it adversely affects the life of the citizen and it amounts to slow poisoning and reducing the life of the citizen because of the hazards created, if not checked. The court have also declared that it is a primary, mandatory and obligatory duty of the municipal corporations/ councils to remove rubbish, filth, night soil or any noxious or offensive matter.  [17]  The Pollution Boards and its officers have a basic duty under the Environment (Protection) Act, 1986 to stop unauthorised movement and/or disposal of the waste. They are also empowered to take action against erring industries and persons. In Virendar Gaur v. State of Haryana and in many other cases, the Supreme Court has time and again declared that right to life under Article 21 encompasses right to live with human dignity, quality of life, and decent environment. Thus, pollution free environment and proper sanitary condition in cities and towns, without which life cannot be enjoyed, is a integral facet of right to life. A Landmark Case The Supreme Court of India in Dr. B.L. Wadehra v. Union of India  [18]  , emphatically pronouncement that the resident of Delhi have a statutory right to live in a clean city. Therefore, Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NMCD) are under a statutory obligation to scavenge and clean the city and it is mandatory for these authorities to collect and dispose of the garbage/waste generated from various sources in the city. It was further observed that non-availability o funds inadequacy or inefficiency of the staff, insufficiency of machinery etc. cannot be pleaded as ground for non-performance of their statutory obligations. 2.7 The new Plastic Waste (Management and Handling) Rules 2011 New rules in India have banned the use of plastic sachets for storing and selling food and tobacco products, and both recycled and compostable bags used for carrying foodstuffs have also been banned. The new Plastic Waste (Management and Handling) Rules 2011 have not entirely banned recycled plastic bags, but in addition to their restrictions on carrying food items, they must conform to a number of other rules laid down by the Bureau of Indian Standards, one of which states: The plastic carrying bags shall either be white or only with those pigments and colourants which are in conformity with the bar prescribed by the Bureau of Indian Standards. Bags should also be no less than 40 microns in thickness, double the thickness required under previous rules. Officials hope the new rules will achieve thickness uniformity throughout the country.  [19]   Chapter 3 Suggestions In such cases one has to adopt `cradle to grave solutions from generation to final disposal of the wastes. This is particularly essential with the waste including toxic and hazardous wastes. To contain and control the problem, there must be `awareness program to reduce solid waste, to reuse the things if possible and to recycle the wastes like paper waste. Thus, it deals attitudinal change amongst the people before we venture to strengthen the existing laws and implement them effectively and efficiently Reprocess the wastes to recover energy and material. Separate hazardous waste from other source material for efficient handling. Incinerate or otherwise convert hazardous wastes to non-hazardous wastes. To encourage recycling of material, some motivation be given. Efficient laws alone cannot solve the problem, unless we have efficient mechanism to implement, will of the government to implement and attitudinal change among the masses is needed Multiplicity of laws and multitudinous authorities cannot overcome such problem unless people are made aware of the adverse effects of this problem and they abide by laws with an aim to safeguard the present and future generation. Municipal corporation is a local authority within the meaning of `State under Article 12 of the Constitution and it is Statutory duty to collect, store, transport, process and dispose of the municipal soiled wastes and see the health hygiene of the public is maintained. Report anyone who actively dumps waste to the appropriate authorities. Reduce, re-use and recycle. Glass Bottles or jars can be reused or taken to a bottle bank for recycling. Metals: Used aluminum and steel cans can be collected as scrap and smelted for re-use. Avoid batteries. They contain a range of metals but are difficult to recycle. Plastics: Many drink bottles are made from a plastic called PET, which can be re-used. Vegetable Waste: A bucket with a lid makes a good container for vegetable waste that can be regularly added to the compost heap for use in the garden. Efforts at individual levels should be promoted. People should form the habit of storing waste at source in their own houses and deposit such waste into the municipal system only.  [20]   Conclusion   The apathetic Governmental attitude towards the disposal of waste is a problem that has led to difficulties in implementation of The Municipal Solid Waste (Management Handling) Rules, 2000 as it has led to ignorance towards uncollected domestic waste. The waste processing and disposal facility has to be set up by the Municipal Authority on their ow

Tuesday, August 20, 2019

Globalization of the Computer Industry

Globalization of the Computer Industry Introduction: The topic we have chosen for poster presentation is â€Å"Globalization of Computer Industry† and its very important in today`s world because now days everything is done with computer and now days nothing can be done without computers in international business. Globalisation is a highly significant issue around the world. In the Academic Context Neo Liberal Economist are in support of globalisation and open markets but some scholars are against it because of its strong effect on workers, language, local companies and social institutions. According to Berger, et al., (1999) globalisation refers to â€Å"Tendencies towards the integration across borders of markets for labour, capital, goods and services and emergence in all of these markets of a common set of actors†. The Four aspects of Computer industry are goods and services, labour, capital and technology. In goods and services it includes providing good services to customers, increasing per capita income of the country and e- commerce activities. In labour it includes providing employment to labours and in capital it includes foreign exchange and other modes of investment and in technology it includes artificial intelligence and new types of technology. The personal computer industry is one of the leading industry in the world with world class companies that expand in the main regions of the world . Since 1980 it is the most relevant segment in the electronic industry both in terms of industry organisation and innovation of new pattern of firms and also in the growth. The reason why we have chosen this topic is that it is very important and now a days business cannot progress without computers as everything is done on computers. Importance of Globalisation of computer Industry: The computer industry is the most dominant industry in the world due to the market leadership of international business machines. It was the IBM that created the computer with basic standard that ruled most of the world`s market. IBM also operated on the basis of product development , manufacturing responsibilities by plants globally and also on the basis of global rendering optimal. According to Longlois (1992) after the successful Apple II and to capture growing market , IBM created an open, modular architecture that give access to suppliers to develop components with the operating system and core CPU. Japan and Korea were less successful as global producers but were main suppliers of flat panel displays and memory chips. According to Survey conducted by Mc Millan et al (1999) the most relevant factor in determining where to do business are infrastructure(18%), political stability (17%), availability and skilled labour (17%), tax incentives(10%), closer to suppliers and customers ( 16%) and unskilled labour is only (3%). Trends in Computer industry: The main trends in computer industry are mass customization that means it results in faster respond to shift in demand for particular software and components than usual product lines. Outsourcing means companies are outsourcing to Asian countries to reduce cost like IBM outsourced the components like printed circuit boards and disk drives to reduce costs. E- commerce activities means it helps in increasing the demand for customization, compare price online and to make changes to products. These trends have an relevant effect on the computer industry. The current trends in computer industry are demand dynamics, market and distribution trends , new business plans , new technology and product directions. Impact of computer Industry Downfall: The examples of changes are Dell dismissed 5000 workers in Austin area but increased employment outside US. Compaq dismissed 8500 workers in Texas and 1750 workers in Europe . Apple reduced its work force but added worked to new company owned stores. Trends of industry downfall from dismissing workers are consolidation, Outsourcing and shift regional production to Asian countries to enter global market and to shift production to low cost countries. Conclusion: Globalization of computer industry is motivated by two factors and in that first one is to reduce cost in a highly priced globalised world and second one is to the ability to reach the global market. Due to globalization of computer industry prices become less for computer users and also technology diffusion have moved fastly . Last but not least globalization helps to maintain a competitive and creative industry environment by focusing on core capabilities and also help in achieving economies of scale. References: Berger, Suzanne, Sturgeon, Timothy, Kurz, Constanze, Voskamp, Ulrich and Wittke, Volker. (1999),†Globalisation, Value Networks and National Models†, MIT IPC Globalization Working Paper 99-000. â€Å"Dell Transfers Desktop Production to China† Asia Port daily new ,25 September.p.40. Pletz, John.(2001).† Dell computer`s Future Growth Will Occur Outside Of Texas, Chairman says,† Austin American Statesman,25 May. Longlois ,Richard.(1992),† External Economies and Economic Progress: The Case of the Micro Computer Industry† Business History Review, 66(1): 1-50. McMillan, Margaret, Pandolfi, Selina and Salinger, Lynn, B.,(1999),†Promoting Foreign Direct Investment In Labor- Intensive, Manufacturing Exports in Developing Countries,† CAER II Discussion Paper No. 42, Harvard Institute For International Development. Fowler, Tom.(2001). â€Å"Compaq Doubles Up on Local Layoff Plans,† Houston Chronicle, 10 August, p.1. (http://escholarship.org/uc/item/6wq2f4hx) Accessed on 2nd May 2010. (http://web.mit.edu/ipc/www/globalization.html) Accessed on 3rd May 2010.

Monday, August 19, 2019

The Meaning of Heart of Darkness in the Post-Colonial Climate Essay

The Meaning of Heart of Darkness in the Post-Colonial Climate Since its publication in 1899, Joseph Conrad’s Heart of Darkness has rarely been disputed on the basis of its literary merits; in fact, it was long seen as one of the great novels of the burgeoning modern era, a sort of bridge between the values and storytelling styles of the waning Victorian period and those of the modern era (Gatten), and regarded a high-ranking space amidst the great literature of the century, if not the millennia (Mitchell 20). Conrad’s literary masterpiece manages references to other great literature, universal themes which cut to the heart of philosophical questions of the innate goodness or evil of man, and historical references such as the Belgium and Roman empires (Kuchta 160), among other accomplishments, and so has garnered a lexicon all its own in the annals of literary criticism, debate, and analysis. Much consideration given Heart centers around a pivotal concern of the era in which it was written: that of what, in hindsight, were the early death rattles of the heyday of European colonialism, specifically in Africa. There is some debate amongst critics as to whether the novel, ultimately, is a morality tale about human greed, power, and evil (one could toss in deceit, cowardice, and a host of psychological considerations as well), or more a sociological commentary upon the morality of colonialism and imperialism from the point of view of a highly disillusioned expatriate turned agent for the empire, turned anti-imperialist (the character of Marlow in the novel: Conrad himself, in spite of his best efforts to disguise his input behind characterization) (Films for Humanities and Sciences). The truth is almost certainly, ... ...erald. Teaching the Politics of Heart of Darkness. An Introduction to Literature. Terry, Joseph. New York, NY: Longman, 2001. 1691-1692 Kuchta, Todd. â€Å"Envisioning Africa: Racism and Imperialism in Conrad's Heart of Darkness.† Victorian Studies 44 (1 October, 2001): 159. Mitchell, Angus. â€Å"New Light on the ‘Heart of Darkness.’† History Today December 1999: p20-28. Mwikisa , Peter. â€Å"Conrad's image of Africa: Recovering African voices in Heart of Darkness.† Mots Pluriels: April 2000. Ngugi Wa Thingà ³. Writers in Politic: A Re-engagement with Issues in Literature and Society. Revised and enlarged ed. Nairobi, Oxford and Portsmouth: James Currey,East African Educational Publishers and Heinemann, 1981. Zeger, Barry. â€Å"Sometimes a Cigar is a Large Black Phallus.† Spy Magazine; July/August 1996: 13.

Sunday, August 18, 2019

Writing about Love Essay -- Love Poems Poetry Literature Essays

Writing about Love Love poems have always been very popular because love is one of the deepest emotions that people can feel and poetry is a good way to express such an emotion. When people think of love, they think of a typical romantic love but an exploration of pre-1914 love poetry shows other types of love such as unrequited love and obsessive love. The poems I will explore in depth are ‘To his Coy Mistress’ by Andrew Marvin, ‘The Garden of Love’ by William Blake, and ‘How do I love thee’ by Elizabeth Barrett-Browning. Blake’s poem ‘The Garden of Love’ is his view of being deceived by the perception of marriage. He has shown this by using the Chapel to symbolize marriage. When he gets there he finds ‘Thou shalt not’ written over the door and he thinks this symbolizes restrictions. He uses the language of the Ten Commandments to emphasize this. He also finds a gate around the Chapel, symbolizing yet more restrictions. The tone of the poem is negative and this is unlike the other poems which show a more optimistic view of love. This negative tone is shown by the ‘tombstones’ being where the flowers of the ‘Garden of Love’ should be. This may have been influenced by the fact that Blake was writing in the time of the French Revolution which was a time of great social upheaval and uncertainty. Also this poem is part of Blake’s ‘Songs of Experience’ where he goes back to some earlier ideas and finds hat things that seemed good when he was younger are not so good when you grow older. Another poem with a negative tone is ‘Villegiature’ by Edith Nesbit who was writing after Blake. This poem is not about the restrictions of marriage but about a possible romance that has fallen apart. Blake’s poem seems... ...at if they stay together their love will never die. In Elizabeth Barrett Browning’s ‘How Do I Love Thee?’ there is also use of hyperbole. For example in the last line she says ‘I shall but love thee better after death’ Barrett Browning uses the hyperbole to show romantic love. The love is so strong in this poem it can almost become unrequited love as she almost idolizes this person. Barrett Browning tries to measure her love for this man. The use of repetition of ‘I love thee’ may give a tedious tone to this poem but it really emphasizes her point. As her love in this poem is so large to explain she compares it to situations showing strength or other emotions such as joy, but even sadness is involved from the reference of tears. I think this shows that all her life and after goes into this kind of love not just the good times and it is hard work.

Saturday, August 17, 2019

Habeas Corpus: The Ultimate Writ of Liberty Essay

In time of war, many quick and unpopular decisions are inevitable. The decisions the President has to make must be in the best interest of the country, and of the world. Although war is unpopular with many people, it is unavoidable in certain circumstances. During wartime, many American people want known enemy combatants to have their rights upheld while being detained. Unfortunately, this is not always feasible. One has to understand that the taking of the liberty of a handful of people to save the lives of thousands, or even millions of people is an unavoidable act. When a citizen of a foreign country, or a citizen of America, who has turned to terrorism, goes to war with America, the rights given to American citizens by the Constitution should be denied. Wartime is never pleasant and it has the potential to causes the destruction of billions of dollars’ worth of property. However, the loss of life is much more devastating than the loss of property. During war, there are law ful enemy combatants captured by the opposing force and held for information or as bargaining tools. These lawful enemy combatants are known are prisoners of war (POW). If the enemy combatant whom is captured is not entitled to prisoner of war status because he or she does not meet the definition of a lawful combatant as established by the Third Geneva Convention, the prisoner is known as an unlawful enemy combatant (EC). In 2001, when President George W. Bush declared war on terrorism, the war was not against a country but against a particular group. Under the rules of the Third Geneva Convention, terrorists captured during the war on terrorism do not fit the criteria to be labeled a POW. Therefore, these combatants are considered unlawful enemy combatants not bound by the protection of the Third Geneva Convention. Since the war on terror started in 2011, there have been a number of lawsuits filed against  the American Government claiming the detainees at Guantanamo Bay were havi ng their rights to Habeas Corpus violated. A Writ of Habeas Corpus instructs a government, police, or anyone who is detaining an individual from his or her liberty, to immediately bring the accused before the court so the legality of the detention may be examined (A brief history of habeas corpus, 2005). However, President Bush declared the detainees as unlawful enemy combatants, thusly denying their right to Habeas Corpus. In the United States Constitution under Article One, Section 9, clause 2, it reads, â€Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it.† (Transcript of Constitution of the United States, 1787). The fundamental right given to detainees by the United States Constitution, also known as Writ of Habeas Corpus, is nothing new to the world. The origins of Habeas Corpus can be dated back to British common law (Schultz, 2011). The Habeas Corpus Act was passed by British Parliament in 1679 and is said to have origins of Anglo-Saxon descent dating back to the middle ages (A brief history of habeas corpus, 2005). According to Sir William Blackstone, the first use of Habeas Corpus can be dated back to 1305. However, there were other Writs with the same influence being used in the twelfth century, which precedes the Magna Carta in 1215 (A brief history of habeas corpus, 2005). Habeas Corpus was first established in the United States by statute in the Judiciary Act of 1789. This lawful Writ applied only to detainees in custody by officials of the Executive Branch of the federal government, and not to those held by state governments. However, Article One, Section 9, clause 2 does not give the right to detainees to exercise their right to the Writ of Habeas Corpus; rather it instructs Congress against suspending a person’s right unless it is in a case of rebellion, invasion, or public safety. Therefore, in America, if a person is being detained and they do not feel the detention is legal, the detainee has the right to file a Writ of Habeas Corpus. There have been only two instances when the President found it necessary to suspend the Habeas Corpus Act in light of civil rights (Robinson, 2011). In the early days of the United States Civil War, President Abraham Lincoln suspended Writs of Habeas Corpus on April 27, 1861. President Lincoln felt it was necessary to suspend Habeas Corpus along the railroad line between Philadelphia and Washington. Eventually, in  the fall of 1862, President Lincoln suspended Habeas Corpus nationwide (Robinson, 2011). In recent history, President George W. Bush suspended Writs of Habeas Corpus for the enemy combatants held at Guantanamo Bay by signing into law the Military Commissions Act of 2006. Both Presidents came under fire for their decisions. However, Lincoln’s was taking the right of Habeas Corpus away from American citizens while Bush took the right away from non-American citizens or citizens who were in rebellion against the United States. One of the biggest arguments is whether enemy combatants have the right to file a Writ of Habeas Corpus in a federal court. Although Habeas Corpus is a fundamental right given to the American people in the Constitution, the terrorist attacks of September 11, 2001 brought new theories to the forefront. The Bush Administration’s choice to detain enemy combatants at Guantanamo Bay without trial tested the latitude and assurance of this constitutional right. The Bush Administration established long ago their view that foreign terrorists are not entitled to American basic rights (Justice and Gitmo; The high court’s decision to weigh habeas corpus for detainees is a step toward restoring trampled freedoms, 2007). The Supreme Court heard the case Boumediene v. Bush and made a ruling on this case on June 12, 2008. Boumediene v. Bush was a Writ of Habeas Corpus filed in a civilian court of the United States on behalf of Lakhdar Boumediene. Boumediene was a naturalized citizen of Bosnia and Herzegovina being held as an enemy combatant by the United States at Guantanamo Bay. When the ruling came down f rom the Supreme Court, it was a five to four with the majority holding the detainees at Guantanamo Bay did have the right to file Writs of Habeas Corpus under the United States Constitution. There were three factors taken into consideration when determining the final decision: the citizenship and status, along with the adequacy of the process that status was determined, the sites where apprehension and detention took place, and the obstacles in resolving the detainees right to the Writ (Boumediene v. Bush, 2008). The Supreme Court ruled the United States, by virtue of its jurisdiction and control over Guantanamo Bay, the country maintains de facto sovereignty over the territory, while Cuba retained ultimate sovereignty over the territory. Therefore, the aliens detained at Guantanamo Bay were enemy combatants and were entitled to the Writ of Habeas Corpus (Boumediene v. Bush, 2008). This ruling reversed the lower court’s decision, which  stated that constitutional rights do not extend to the detainees at Guantanamo Bay. Associate Justice Kennedy wrote the opinion of the court, with Justices Stevens, Souter, Ginsburg, and Breyer joining. Justice Souter also filed a concurring opinion with Justice Ginsburg, and Breyer joining. However, Chief Justice Roberts filed a dissenting opinion with Scalia, Thomas, and Alito joining. Justice Scalia also filed a dissenting opinion with Roberts, Thomas and Alito joining. In Chief Justice Robert’s dissenting, he states the Boumediene v. Bush case should have not even made it to the Supreme Court for a ruling on Habeas Corpus until the lower court first decided if the detainees had a legal right to file in a United States Court (Boumediene v. Bush, 2008). In a time of war, the president is given an overwhelming amount of latitude in making decisions. One enormous decision that has to be made is the taking of liberty from an individual. With the understanding that thousands to millions of lives could be saved by taking the liberty of a handful of people, it is, at times, an unavoidable act. Constitutional rights should become voided when an act of terror is unleashed on United States soil by either a foreign citizen or a citizen of America. Being able to commit a terrorist act and then hide under the protection of the civil liberties of another country is nothing more than an act of a coward. References A brief history of Habeas Corpus. (2005, March 09). Retrieved November 04, 2012, from BBC News: http://news.bbc.co.uk/2/hi/uk_news/magazine/4329839.stm Boumediene v. Bush, No. 06–1195 (Supreme Court of the United States June 12, 2008). Justice and Gitmo; The high court’s decision to weigh Habeas Corpus for detainees is a step toward restoring trampled freedoms. (2007, July 08). Los Angeles Times, p. M.2. Retrieved from http://search.proquest.com/docview/422272051?accountid=32521 on November 05, 2012 Robinson, K. (2011, June 26). Historians won’t convict Lincoln for suspension of Habeas Corpus. McClatchy – Tribune Business News. Retrieved from http://search.proquest.com/docview/873651368?accountid=32521 Schultz, D. (2011, July). Habeas Corpus after 9/11: confronting America’s new global detention system. Choice, 48(11), pp. 2190-2191. Retrieved November 05, 2012 from http://search.proquest.com/docview/877038974?accountid=32521 Transcript of Constitution of the United States. (1787). Retrieved from Our Documents: http://www.ourdocuments.gov/doc.php?doc=9&page=transcript