Thursday, November 28, 2019
The Revolutionary War
The American War for Independence is the key event in the American history because of its significance for the nation’s development and for forming the nation’s identity. The victory of the American colonists in the conflict with the British Empire is also significant because the Revolutionary War was won in spite of the British obvious military superiority. From this point, a lot of researchers are inclined to focus on the causes of the colonists’ victory as the example of the people’s struggle for their liberty and rights as an independent nation.Advertising We will write a custom research paper sample on The Revolutionary War specifically for you for only $16.05 $11/page Learn More Thus, the Revolutionary War resulted in the victory of the American colonists because the experienced British army was defeated with the help of the new military techniques, approaches, and strategies, the Americans had the territory advantage, a nd the help of the French military and officers was significant to oppose the British attacks. The American colonies took considerable risks while planning the rebellion against the British rule because the British military was famous for its equipment, for the usage of the most successful strategies, and for the experience of officers. Moreover, the Royal Navy was the most developed and influential navy in Europe. On the contrary, the American colonies did no have the single army. The colonists fought in the first battles basing on the united army formed with the help of the colonies’ militia, and the Continental Army was created in order to fight for the interests of the Americans as the nation (Henretta and Brody). From this point, the opposition of the American colonists could be perceived as the insignificant conflict in which the British military could win the obvious victory. Nevertheless, the American colonists achieved the major goal of their revolution and ended the rule of the British Empire in the colonies. The British army was defeated, and historians determine several significant aspects to explain this phenomenon. The first important aspect is the fact that the British army could not orient successfully at the territories of the American colonies. Thus, the colonists had the advantage of knowing the landscape. The figure of George Washington is necessary to be discussed with references to the questions of the colonists’ advantages and strategies. Knowing the colonies’ landscape well, Washington and officers could develop the effective plans of attacking the British military, and they chose the most advantageous positions to set their forces. As a result, the advantage of home-field contributed to the effective realization of Washington’s strategies (Dziennik). From this perspective, the next important feature of the American military is the non-traditional approach to fighting.Advertising Looking for research pap er on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More The power of the British army was in the traditional approach to planning strategies and developing battles. In contrast, Washington focused on the unexpected approach to fighting, making the enemy be confused with the American army’s strategy. The lack of the military experience became insignificant because of the new methods to develop the war actions. The risks taken by Washington in realization of the definite war operations resulted in the British army’s losses because of the operations’ unexpectedness. Furthermore, the strategies used by the Continental Army in the Revolutionary War determined the main aspects of the military history of the Americans. Thus, Knott pays attention to the fact that â€Å"it is a military history that explains, in turn, some of the distinctive features of American, French, and British political cultures immediately after that rev olutionary war†(Knott 20). The military history is important for the development of any nation, and it is especially important when the history of the country is associated with the struggle of the nation for independence. One more advantage of the colonists which is stated by many researchers was the French support of the American army and the help of the French officers in developing the strategies. The French army was the well-known enemy of the British military in many war conflicts. Thus, the French officers knew the particular features of the British officers’ approaches (Knott 22). The first victories assured the American colonists in the fact that the right direction was chosen to achieve the nation’s independence. The American colonists’ patriotism and the enormous desire to achieve the independence were the decisive aspects to encourage soldiers to continue their fight. According to Knott, â€Å"approved or disapproved by the future conservativ e, the changes effected by this war encompassed notions of liberty and authority, patriotism and the nation, representation and the role of the ‘people’ in politics†(Knott 19). The American War for Independence played the significant role in the further development of the country as the union of the colonies. The American colonists won the Revolutionary War because it was the war for independence and against the discriminative laws imposed by the British Empire.Advertising We will write a custom research paper sample on The Revolutionary War specifically for you for only $16.05 $11/page Learn More The American colonists saw the real goal of their fight, and the Continental Army’s officers did not fear to take risks and use the new approaches to defeat the enemy. The superiority of the British military became mythical when the British soldiers had to fight at the unfamiliar territories, and the home-field advantage along with t he French support contributed to the victory of the American colonists. Works Cited Dziennik, Matthew. â€Å"Through an Imperial Prism: Land, Liberty, and Highland Loyalism in the War of American Independence†. Journal of British Studies 50.2 (2011): 332-358. Print. Henretta, James, and David Brody. America: A Concise History, Volume I: To 1877. Boston: Bedford/St. Martin’s, 2010. Print. Knott, Sarah. â€Å"Sensibility and the American War for Independence†. American Historical Review 109.1 (2004): 19-40. Print. This research paper on The Revolutionary War was written and submitted by user LivingMummy to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Monday, November 25, 2019
buy custom Digital Forensics in the Criminal Justice System essay
buy custom Digital Forensics in the Criminal Justice System essay The main aim of conducting a search is to obtain evidence in case that there is criminal suspicion. It requires that one party feels convinced that this process would lead to gaining access to materials or content that is related to a specific crime. The law stipulates that a search should be conducted upon obtaining a search warrant from a magistrate in a court. The search is carried out by law enforcement officers in the presence of a search warrant. However, there are a few exceptions whereby a search is deemed legal even without the presentation of a warrant. The fourth amendment protects members of the society from unreasonable searches. Under the rule, a warrant should specify the place to be searched and the items that should be seized during the process (Kerr, 2015). 1. In the mentioned scenario involving Makestuff Company, Mr. Andfirums concern is that the source code for product X may land in the hands of the firms competitors, leading to a massive loss of revenue due to the theft of the companys intellectual property. The suspicions emerged due to Mr. Yourprops arrogance during the exit interview. However, conducting a search on his personal vehicle that is parked within the companys premises is beyond my mandate as the companys information security officer. The supervisor cannot do it, too, because the law stipulates that a search can only be executed by law enforcement officers. The only thing we can do is to contact law enforcement officers to carry out the process. 2. In case there is evidence of theft of the intellectual property, the firm can pursue criminal prosecution. The source code for product X is the intellectual property belonging to Makestuff Company as it was intended for use in the development of a new product. The supervisor can therefore request local police investigators to conduct a search on Mr. Yourprops personal vehicle parkd within the companys premises. The reason is that there is a high probability of finding evidence in his car thus the search would be reasonable. However, it is important for the police investigators to obtain a search warrant from a magistrates court. The warrant should specify that the car is one of the places where the search should be conducted. It must also determine the item that should be seized (Kerr, 2012). In this case, the item is the source code for product X. However, if there is not enough time to obtain the search warrant, the police may still conduct the search if there is sufficient reas on to show that the evidence may be found there. The provision is one of the exemptions to the fourth amendment. 3. In an organizational setting, the law protects the privacy of all employees against unwarranted searches at their workstations. Employers must obtain a search warrant from the relevant authorities unless there is a mutual consent between the employer and the worker regarding the search. When conducting a process, the warrant specifies its scope in terms of the persons, place and items that should be searched. The places to be searched must have a high probability of containing evidence. In this regard, it would be unreasonable for the supervisor to search Mr. Yourprops locker at the onsite gym unless there is sufficient information that he keeps his work-related items in it. 4. A search warrant should be executed in the presence of all the parties involved. For instance, if the process is to be conducted in a house, its owner must be present at the time of the search in his house or property. Similarly, it would be inappropriate to search Mr. Yourprops office desk by using a master key after he has left. The action would be similar to breaking into someones house or property and conducting a search in his/her absence. The best course of action would be to serve Mr. Yourprop with the search wwarrant. Force can only be applied if he is provided with the warrant but refuses to comply. 5. According to the companys policy, all items brought onto the firms property, inclusive those of the employees, are a subject to random searches for the companys items. The fact that Mr. Yourprop did not sign the employee handbook cannot prevent a warranted search from taking place. The reason is that it is the duty and responsibility of all employees to sign in the allocated space. Their signatures are an indication of their compliance with the companys rules and regulations. Such stipulations apply to all the employees at Makestuff without any exceptions. Mr. Yourprops argument that he failed to sign the handbook therefore is not valid and cannot inhibit a warranted search from taking place. 6. The purpose of the security checkpoint at the entrance is to ensure the protection of the companys working environment and employee safety. The security personnel at the checkpoint have the authority to seize any items that may be harmful to the firm. In this regard, the security staff at the checkpoint can be directed to search Mr. Yourprops briefcase and seize digital evidence. The reason is that the checkpoint is the main point of entry and exit into and out of the companys premises. If Mr. Yourprop is allowed to leave without being frisked, he may maliciously give the firms source code for the new product to other market players, thus causing harm to the companys financial position if the competitors use the source code to make the product. However, the corporation should begin with establishing that there is a high probability of finding digital evidence by searching his personal items at the checkpoint. The law stipulates that the scope of a search should be limited to place s that are reasonably established to be potential sources of evidence (Dharmapala and Miceli, 2012). Buy custom Digital Forensics in the Criminal Justice System essay
Thursday, November 21, 2019
Policies to reduce negative externalities Essay Example | Topics and Well Written Essays - 500 words
Policies to reduce negative externalities - Essay Example Also such a tax tries to compensate the situation where the cost to the society is more than the cost to the producer. This tax will ensure that the producer bear the full burden of the market decision taken by him. Such a tax might urge the plant to reduce its production or improve methods to contain pollution which might involve technological upgradation. Hence in case of such a policy the company bears the cost. This policy was practiced earlier with success but later replaced by pollution rights which ensure that the firm does not lose profits but can trade their pollution rights. However in such cases the gains to the environment is not much compared to the effect it has on minimizing cost to the firms. This policy has worked in case of Kyoto Protocol where the carbon taxes imposed is targeted at the producer causing the negative externality. Such taxes on emissions also encourage the development of alternative and renewable energy sectors. Also when a large organization is forc ed to cut down production it gives relief to the smaller organizations from a competitive pressure. Hence this tax can also help in bringing about a balance in the market to reduce inequalities. (Hackett 2001) The second policy that the company can adopt is that of setting caps and baselines.
Wednesday, November 20, 2019
Conclusion and Recommendations Essay Example | Topics and Well Written Essays - 750 words
Conclusion and Recommendations - Essay Example This essay analyzes that the curriculum must be revised in such a way that less importance is given for punishments and more care is given for personal counseling with those students who drop out from their studies. The U.S. Department of Education, Office of Educational Research and Improvement, has to say that children from a rich financial background often tend to continue their studies, but the worst hit is the poor because they are bound up by their family responsibilities. This essay demonstrates that In a survey conducted to find out the reforms that have been brought out to enhance the drop out children in terms of readmission into schools and colleges, the following thing was seemed to be made 1. Incentive programs- which will strengthen the link between the student’s school life and life out of the campus. This also includes special offers to those students whose behavior stands well in and out the school. 2. The reward system will focus on encouraging students to pay more interest on studies. 3. The school should make academic programs meaning full and bring the students for more participation. And the schools should maintain certain policies to maintain a balance between the student’s life in and out the school. 4. Parents should be informed immediately and if needed they should be asked and informed about their children’s activities. Even a small indifferent action should be informed immediately to the parents. As society pl ays a major role in shaping the character of a child.
Monday, November 18, 2019
Panasonic supply chain security Essay Example | Topics and Well Written Essays - 1500 words
Panasonic supply chain security - Essay Example As Arway states (34), the security of good during the transportation of goods ensure that they are not subject to malicious actions such as theft and terrorism. The engagement of a system to protect not only the goods but the staff involved in the transit of goods ensures that the organization's operations are secure and any threats are mitigated. This is a fundamental requirement for any organization that intends to remain profitable in the market must bear in mind. Panasonic employs technology to ensure security of goods in transport in various ways. First, the organization provides a sustained surveillance and monitoring system to ensure that both the employees and the goods are safe especially in high traffic areas that are sensitive to criminal acts. The system has a provision to scan the faces if the staff involved in the transportation process and keep a survey if any interrupting person gets in the transport vehicle. This system ensures that only the authorized members are al lowed into the vehicle. Any extra person getting in the vehicle will be detected and the system will trigger an alarm to notify about the intrusion. Consequently, any entry of unauthorized systems will be captured and the staff will be prompted to respond to the intrusion as necessary (Burges 49). This is a critical dimension of security that contributes to safety during the transportation stage of the supply chain. The organization has also paid attention to cargo management as a prerequisite to ensure that the safety of the cargo is maintained all through the transportation journey. Panasonic has developed the Panasonic Toughbook gadget that helps to monitor and track the location of the products that are being carried either by a train, a plane or even an ordinary vehicle. The transportation stage is usually subject to a lot of external threats and the knowledge of a cargo location is a vital aspect of the security of cargos. For instance, often, gangsters may take a cargo and di vert it away to a different location (Panasonic). In such a case, the managers will monitor the location of the cargo and if it diverts away from the predetermined route, a security response can be initiated to secure the cargo, hence avoiding the consequential loss that is likely to occur in the event of such an attack. The Toughbook Computer enhances mobile computers have feature to ensure that the management staff can be able to monitor goods from the time they are loaded into the vehicle up to the moment they are offloaded at the destination of the vehicle. This security measure helps to guarantee to a great percentage the safety of goods and to ensure that the entire load arrives at its destination safe and sound. Inspection solution is another way that Panasonic provides security to its clients during a transportation process. Software driven Toughbook mobile computers is an innovative method of securing sustenance during transportation of goods. The gadget is GPS enabled and has a wireless connection to ensure remote connectivity and monitoring of large trucks or mobile vehicles that are likely to cause damage to the cargo on its way to its destination. The development of this system is such that the system will approximate the distance of the cargo from a threat accident and provide a warning precautionary measure that helps the driver to avoid or take a proactive action to avoid possible damages (Panasonic). Apart
Friday, November 15, 2019
Natural Law Essay
Natural Law Essay The theory of Natural Law was put forward by Aristotle but championed by Aquinas (1225-74).  It is a deductive theory it starts with basic principles, and from these the right course of action in a particular situation can be deduced.  It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes. Traditional natural law is based on value judgements, which emanate from some absolute source e.g. Gods revealed word. However the term natural law lacks a precise definition, and there is very little agreement, even among experts or proponents of natural law theory about its application to specific, complex, moral, or legal issues. [1] The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists. The major opponent to legal positivism as a conception of the nature of law goes by the label natural law theory. Natural law theory is probably not the best name for this view its a bit of a historical accident that this view in the philosophy of law came to have this name but it is the traditional label. [2] And I will not try to displace it here. Aquinas says that the principles of practical rationality-that is, those principles that tell us how to act reasonably-both are Gods law for our conduct and are knowledgeable by nature, even apart from special divine revelation. So the principles of practical rationality are both law and natural, and hence are natural law. Because Aquinas says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with natural law. The label is unfortunate because there are some writers who believe that the principles of rati onality or morality place a constraint on legality, but who do not believe that these principles of law rationality or morality are God-given law. These writers are called natural law theorists even though they do not, strictly speaking, believe in natural law. There are important objections to be made to Aquinass theory of natural law. O Connor rightly identifies the main one: Aquinas fails to explain just how the specific moral rules which we need to guide out conduct can be shown to be connected with allegedly self-evident principles. [3] But the objection that Aquinass account of natural law purposes an illicit inference from is to ought is quite unjustified. What are the principles of natural law? There is a set of basic practical principles which indicate the basic forms of human flourishing as goods to be pursued and realized, and which are in one way or another used by everyone who considers what to do, however unsound his conclusions; and a set of basic methodological requirements of practical reasonableness (itself one of the basic forms of human flourishing) which distinguish sound from unsound practical thinking and which, when all brought to bear, provide the criteria for distinguishing between acts that (always or in particular circumstances) are reasonable-all-things-considered (and not merely relative-to-a-particular purpose) and acts that a reasonable-all-things-considered, i.e. between ways of acting that are morally right or morally wrong-thus enabling one to formulate a set of general moral standards. [4] Naturalists believe that natural law principles are an inherent part of nature and exist regardless of whether government recognizes or enforces them. Naturalists further believe that governments must incorporate natural law principles into their legal systems before justice can be achieved. There are three schools of natural law theory: divine natural law, secular natural law, and historical natural law. Divine natural law represents the system of principles believed to have been revealed or inspired by God or some other supreme and supernatural being. These divine principles are typically reflected by authoritative religious writings such as Scripture. Secular natural law represents the system of principles derived from the physical, biological, and behavioural laws of nature as perceived by the human intellect and elaborated through reason. Historical natural law represents the system of principles that has evolved over time through the slow accretion of custom, tradition, and experience. Each school of natural law influenced the Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue to influence the decision-making process of state and federal courts today. Religious studies are flourishing again. Most scholars were convinced that religion definitely belonged to the past and were of interest only to a tiny group of specialists. Today religious studies are pursued by a host of people in a range of departments. Because of the relevance of cultural issues to the contemporary world, religions have moved from the periphery to the very centre of public and academic concern. Their startling resurgence has given rise to the growing number of studies that explore this phenomenon in fresh, new ways. [5] Among the many publications that have appeared recently, I would like to draw attention to a volume edited by Mark C. Taylor, which appeared in 1998. Entitled Critical Terms for Religious Studies. [6] It describes the field in terms of 22 notions some of them old acquaintances, others new comers from belief to writing. Each article analyses the theoretical value of one of these notions, examining it in a particular religious tradition s. [7] Another volume that appeared recently Guide to the study of Religion [8] likewise explores such notions as classifications, comparison, and gender 31 notions in all. Examining the concepts in the two volumes. I was struck by the absence of both history and tradition from each; ironically, only modernity has survived. As it happens, though, the essay on modernity by Gustavo Benavides in Critical Terms is not a bad substitute for the two missing. [9] In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it [10] Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings [11] The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria [12] The difficulty of interpreting the natural law One of the issues often highlighted by opponents of the use of natural law is that it is ambiguous and consequently very difficult to interpret. Von Prondzynski notes, There is a general aversion among lawyers at having to deal with something they cannot immediately define. [13] The difficulties with the use of natural law cannot be denied. It has been argued, there are two entirely different kinds of natural law theories [14] , one secular and one based on religion. Murphy also noted that, while the state may be Christian, this does little to help define natural law as Christian groupings fundamentally disagree as to what the divine law actually is. [15] However, this difficulty is not insuperable and should not be treated as so. It is clear from the constitution and from judicial decisions such as that of Justice Kenny in the Ryan case, that a Christian type of natural law is advocated rather than a secular natural law theory. The issue of what exactly this means and how it can be applied to complex cases is more difficult to resolve. Von Prondzynski believes that natural law in its legal sense, as seen by the Constitution has nothing whatever to do with the imposition on us all of a concise set of religious rules as propounded by the Churches. [16] The difficulties of natural law interpretation could be considerably reduced by the construction of some form of guidelines for the judiciary to use. These would help the judiciary to define the natural law and to interpret it accordingly. It is submitted that the use of natural law by the judiciary in the 1950s and 1960s was less contentious owing to the nature of society that existed at the time. Ireland during this period in history was relatively homogeneous in terms of its core values, and as such doing the right thing was not necessarily perceived as being undemocratic when everyone knew what the right thing was. In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it. [17] Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings. [18] The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria. [19] One of the main questions therefore that emerge from the debate regarding the use of natural law is the extent to which natural law can provide guidance to members of the court in deciding constitutional issues. It can be taken for granted that in a parliamentary democracy the judicial review procedure as provided for in the constitution is necessary to defend the rights of individuals. Therefore inevitably the burden of defending the rights of individuals against oppressive legislation falls in part, on members of the court. [20] Thus while defending the rights of individuals may be a prerogative of the judiciary, one is forced to ask; Can such a prerogative ever be justified by reference to principles of natural law? And if so can such a right ever be justified in overriding the democratic will of the people? The answer is a clear no! While there is widespread acceptance that the task of judges is to interpret the Constitution, during this process it is necessary for the judiciary to rely on the text, without reliance on sources from outside the four corners of the Constitution. Whether or not the judiciary should supplement the text cuts to the very heart of what it means to have a written Constitution, enforced by an independent judiciary, in a democratic state. As such the apparent death of natural law should not necessarily be seen as a bad thing if it results in more consistent, truly impartial, reasoned judgments from the judiciary. Proponents of natural law often argue that the use of natural law far from being a licence for unlimited government and a roving judiciary, natural rights and natural law arguments are the best defence of liberty and of limited government. [21] However despite such sentiments, the decision in Re Information [22] , like all previous Article 26 references will not be overturned. What the decision in Re Information makes clear is that natural law cannot be relied upon to invalidate any explicit provision of the Constitution, however it is also suggested that it does not address what residual role natural law plays in the constitutional order. [23] It would appear therefore that a deep fissure exists between concepts of popular sovereignty and natural law. When push comes to shove the Irish judiciary have preferred the former to the latter. Therefore the politics of normative choice through the democratic process is open and not bounded by fixed notions of natural law. [24] The Future of the Natural Law in Irish Constitutional Jurisprudence: Is Natural Law Dead? The future of natural law in Irish Constitutional jurisprudence is currently far from clear. It would appear from the Supreme Court decisions in recent years that for the foreseeable future natural law will not play a significant role in constitutional jurisprudence. [25] While the recent demise of natural law has been described as one of the great tragedies of the bitter debate on abortion [26] , it would be wrong to conclude that the Regulation of Information Bill 1995 signalled the death of natural law. [27] They suggest that the natural law component remains a significant aid to interpretation, [28] although it will remain inferior to the canon of harmonious interpretation. Although not dead, natural laws place in Irish constitutional jurisprudence has been radically altered. The doctrine now has a reduced significance in constitutional interpretation and a future growth in stature remains unforeseeable. Its application has led to many difficulties. Howeve r, the use of natural law is not without benefits and its diminution and potential evisceration by the judiciary may prove detrimental. Natural law was invoked over an extended period to protect the rights of citizens not expressly provided for in the constitution, including the right to bodily integrity, the right to travel, the right to earn a livelihood, the right to privacy and the right of access to the courts. It remains to be seen if the Supreme Courts decision will prevent the recognition of further unremunerated rights. Natural law will remain a significant aid in constitutional interpretation, however it is submitted that it will not be as influential as it has been in the past. In order to be really effective, the natural law must have its first home not in the judiciary, but in the population at large and in a constitutional democracy this means in the populace as represented in legislatures. That legislation and not adjudication should be the primary forum for the application of the natural law seems to have been recognized by no less an authority than St. Thomas Aquinas. [29] Here it is noteworthy that the application of natural law by Irish judges has largely been in the context of fundamental rights jurisprudence, for it is precisely when the substantive structures and ethos of community begin to break down that legal issues become primarily issues of rights. [30] So here the debate over natural law may ironically be a 178 Catholic Social Science Review function of the secularization process itself and suggests the larger question of the extent to which cultural problems lend themselves to judicial answers. Is it a coincidence that the incr ease in the activity of constitutional courts in the realm of personal rights, an increase which visible on a global scale, is taking place in a time of increasing secularization and cultural dislocation? [31] Why is it that the natural law doctrine, despite its flaws and inconsistencies, has had such an influence in the history of European thought? Kelsens answer is that natural law satisfies a deeply-rooted need of the human mind, the need for justification. To justify the subjective value judgements which emerge from the emotional element of his consciousness, man tries to present them as objective principles by transferring to them the dignity of truth, to make them propositions of the same order as statements about reality. Hence he pretends to deduce them from reality, which implies that value is imminent in reality. [32] This has a comforting corollary: belief in natural law enables a person to obey a civil law, not because he is compelled to do so by the civil power, but because of the laws intrinsic value. But, as we have learned, at the heart of Kelsonss argument lies the contention that value is not imminent in reality. Natural law nevertheless strikes a chord with a long- lasting and deep-seated need felt by mankind the need for certainty, for the existence of truths that are absolute and unchanging. [33] For writers down the ages it has been a quality of natural law that it is eternal and universal. Finnis believes that the principles of natural law hold good, as principles, however extensively they may be overlooked, misapplied or defied and however little they may be recognised. They would hold good just as the mathematical principles of accounting hold good even where, as in medieval banking community, they are unknown and misunderstood. [34]Â
Wednesday, November 13, 2019
Sheriffs Aims in Journeys End :: R.C. Sheriff Journeys End Literature War Essays
Sheriff's Aims in Journey's End What were Sheriff’s aims in writing Journey’s End and how successful was he in achieving those aims? Drama has been popular for ages because it is very entertaining. Another important feature of a drama is that they provide a message. ‘Romeo and Juliet’ is one of the most popular dramas in the world and is of a romance genre. It was written by the great writer, Shakespeare in 1595. ‘Journey's End’ is a play which portrays a picture of life in the First World War trenches. R C Sheriff’s main aim was to provide a moral message and to show an effective piece of drama. The drama also entertained the audience. Sheriff has been very successful in providing a moral message to the audience. He uses different ways to portray the message. One of the ways is that he uses the characters, how they feel being in trenches, with all the pressure and the bombarding. All the characters have the 'war fever', they don’t like living this way for too long, they are all frightened and would prefer being home with their families. We can see the fear clearly in the character of Hibbert when he says to Stanhope "Go on, then, shoot! You won't let me go to hospital. I swear I'll never go in those trenches again. Shoot! – and thank God -" One of Sheriff's main aims was to entertain the audience. He entertains the audience by recounting his experience in the trenches and the war. We also are educated as we are entertained. He also uses black humour, which is entertaining for the audience. The humour is used by the characters to forget about the real horrors of the war. Sheriff also uses sound effects in a very effective manner, most of the time it is silent, then suddenly you can hear the loud noises i.e. bombarding. Sheriff also uses complex characterization to make the play successful. The characters are different in every manner and this adds to the entertainment. The audience realizes that there is no glory in war and in reality; it is an evil which ultimately destroys every person. The play uses plenty of literary jargon, such as "dug-out, bit of line, minnies, boche, trench fever and topping etc." All the military terms used portray the effect of war and the sense of realism. The language used in the play is mostly formal, as in when they use "cheero, Righto, rugger etc". This is just the language used by the upper-class people of the time. They are also using formal language because the play is set in 1910.
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