Love - Theory and Practice in Court Assignment Example | Topics and Well Written Essays - 1500 words

Love - Theory and Practice in Court - Assignment Example Judges employ definite guidelines and philosophies when formulating their verdicts. They are; retribution, test of proportionality, rehabilitation, deterrence and restoration. The drive towards court unification can not ultimately lead to a monolithic system because this will grant the federal court system excessive power. The dual court system is a two tier judiciary system comprising of the State and Federal court structures. The dual-court system is the product of a universal agreement amongst the country's founders concerning the requirement for individual states to maintain considerable legislative power and judicial independence separate from federal control. Unification onto a monolithic court structure appears improbable to occur anytime to combine the state and federal structures, and if it did would likely not be extremely effective. In sentencing, judges are restricted by statutory requirements; guided by existing philosophical rationales, executive considerations, and pre sentence inquiry reports; and subjective to their own individual characteristics. Q1. According to Neubauer and Fradella (2010), the dual court system of the United States comprises federal and state courts, which is a product of federalism. The U.S. Constitution institutes the judicial division of the federal administration and stipulates the power of the federal courts. Federal courts have restricted authority only over definite types of cases, for instance, cases concerning arguments between states, federal laws and cases concerning foreign governments. In other areas, federal courts share authority with state courts. For instance, both federal and state courts might make decisions on cases regarding parties who reside in dissimilar states. State courts cover exclusive authority above a majority of cases. While State courts developed from early colonial arrangements, federal courts where established by the United States constitution. Dual court system has been affected by its acc ount since the model of two court structures still remains. There have been modifications to the individual courts to create them run smoother akin to the three tier homogeneous structure taken up by the state courts. The administration of state courts is by their own constitution and statutes, US Constitution and statutes, rulings and model from superior courts in the state, judgments of the federal courts in their jurisdiction, and by example from the US Supreme Court and federal petition courts in their area of jurisdiction. According to Reid (2011), US Constitution and Statutes, the US Supreme Court, and judgments from the petition courts in their jurisdiction guide the federal courts. The association between federal and state courts is viewed as judicial federalism. Judicial federalism is a hierarchical structure that is commonly understood and has a legal establishment. The federal Constitution institutes a national court structure and specifies that discrepancies between fede ral and state law. These are to be determined in preference of the former, and the judges of the state courts are compiled by this principle. Thus, state courts should give priority to federal over state law, and infer with the federal law in line with existing judgments of the Supreme Court. The Court's fundamental justice and appropriate process guidelines, enunciated to give state courts with the flexibility to extend satisfactory protections of the accused, were regarded as indistinct and subjective. Several state judges made

Inefficiency Within a Stock Market Create Barrier to Fulfilment of its Assignment

Inefficiency Within a Stock Market Create Barrier to Fulfilment of its Main Function - Assignment Example As the paper stresses the main functions of the stock market includes evaluation of the securities those are listed in the stock market which in turn help the companies to get more capital for production, thus the chances of industrial growth increase. The functions of the stock market also includes the marketing of the government securities, also provide safety in the dealings as the companies have to abide by the rules. The stock market is also the index of the economy; the banks also provide loans against the stock market securities. From the above discussion the importance of the stock market can be understood. But when the stock market which is the economical indicator is not performing as it should be then it would be a problem for the community associated with that stock market. This discussion declares that the common people who are the investors of the securities they would face problem as the stock market is not reflecting the right information, they may invest in the wrong place. The foreign investors and the government would not get the right information as the stock market is not efficient, not the actual information is available in the market. The managers of the firms also get it tough to take the right decision in the current situation. May be they are thinking that their firm is performing well but their firm is valued less in the stock market. So it will be tough for them to take the decision as they find it confusing as two different valuations of the firm are in front of them. The paper is an attempt to analyze the effect of the inefficient stock market, how it creates barrier to fulfil the main functions of the stock market and cause difficulties for the managers of the firms for taking a suitable decision. The researcher has taken the help of some theories like efficient market hypothesis and uses some articles for conducting the research. Stock Market Efficiency As per Professor Eugene F. Fama an efficient market fully reflect the information available to the investors. The research of Fama was divided in 3 parts on the basis of the information available. In the weak form of efficiency in the EHM claims that the past prices of the security are reflected in the price of the security today. No one can beat the market by doing the fundamental analysis. The semi strong form of tests implies that all the public information available reflects in the current market price of the stock, no one can beat the market by doing the fundamental analysis or the technical analysis. The other degree of efficiency is the strong form of efficiency which implies that even using the insider information the investor can’t have the advantage (Fama, 1970, p.399-412). The accepted view about the efficient market hypothesis is that when the information is available about a specific company then the information spread fast among the investors of the company

Democracy Of Goods In Contemporary Consumer Culture Media Essay

Democracy Of Goods In Contemporary Consumer Culture Media Essay The term democracy was defined as equal access to consumer products and by depicting the everyday functioning of that democracy with regard to one product at a time, these tableaux offered Americans an inviting vision of their society as an incontestable equality According to Onufrijchuk in Leiss et al 1997: 50 the course of the 20th century has seen a dramatic and sustained rise in the real income and purchasing power of the average person in western societies, where most people have access to a huge and constantly changing array of goods this may rely on the fact why Marchand argued the fact that the 20th century allowed for equal access to goods because individuals for example the working class individual in society were continually earning more, and what better way to spend the extra money they have than to buy products that the upper class would usually use, thus, they can then believe that they are having shared experience with the upper classs taste, whereas the upper class are getting furious because they have to continually look for ways in other to differentiate themselves from the other classes. Bourdieu in Gronow (1997: 11) argued that the taste of the ruling class is always the legitimate taste of a society, but in his own opinio n, this legitimate taste is not genuine good taste: in fact there could be no possible genuine good taste. He went on to argue that legitimate taste pretends to be the universally valid and disinterested good taste, whereas in reality it is nothing more than the taste of one particular class, the ruling class. The term Trigg 2001 calls trickle down, leap-frog and trickle down. Taste would be considered later on in the essay in relation to democracy of goods. This could be said as to why Marchand suggested that the early 20th century advertising offered access to goods and a vision of society of incontestable. Schudson 1986: 180-181 illustrates better as he argued that there was a new sense of scarcity of time, accelerated by the increasingly large array of choices available to people. There was more choice, or a sense of more choice, in part because the newspapers, movies, and radio bought to people a strong sense of other social worlds, and other possibilities. The advances in mass production methods made goods and luxuries unheard of a generation before potentially available to a large number of people. In the supermarket there were more product categories, and within these more brands to choose from. The different media outlets made people think or feel that they had many choices and that they could experience the world of the upper class just by buying certain products to make them blend in to the crowd of the upper class. With the i ncrease of mass production of products, it made it possible for the working class to have the shared experience and for the fact that there was an increase in mass product, goods were produced cheaper. Hence, Marchand 1985: 218 arguing that there were no discrepancies in wealth could prevent the humblest citizen, provided they chose their purchases wisely, from retiring to setting in which they could contemplate their essential equality, through possession of an identical productGIVE AN EXAMPLE LATER This can be said to be what is happening in our current contemporary society The advertising parables offered comfortable rather than distasteful truths. They usually sought to persuade more through insinuation than confrontation, and sought unthinking assent rather than active thought or new insight. They encouraged readers to assimilate the product into their present lives in order to force them to a decision to live by a different logic. Marchand 1985: 207. Advertising products makes the audience feel like they need to purchase certain products and that if they do not acquire the products, they cannot be satisfied in their lives, Marchand 1985: 207. The parables of advertising promised reads no insurmountable limitations and offered a reality easily within the reach of their hearts desires provide any one with the ultimate satisfaction (ibid: 218) GIVE AN EXAMPLE LATER) According to Marchand 1985: 217-218 Democracy of goods is the wonders of modern mass production and distribution enabled every person to enjoy the societys most significant pleasure, convenience, or benefit. The definition of the particular benefit fluctuated à ¢Ã¢â€š ¬Ã‚ ¦ the cumulative effect of the constant reminders that any woman can and every home can afford was to publicize an image of American society in which concentrated wealth at the top of a hierarchy of social classes restricted no familys opportunity to acquire the most significant products. Daniel Boorstin in Schudson 1886: 181 stated that there was democratization of good. Products that once held some kind of uniqueness to them by being available only at certain times of the year or only certain parts of the country were increasing available all year-round and throughout the country, thanks to à ¢Ã¢â€š ¬Ã‚ ¦ other technological and other social developments. Not only the means of production but the modes of became a continuous process' Boorstin argued that products became democratized in three ways. Firstly, they became more standard as they come to be produced for the mass audience. They are easier to handle, easier to do it yourself without great skill on the part of the user; both a mediocre cook and a great cook make equally good cakes from a cake mix à ¢Ã¢â€š ¬Ã‚ ¦ standard products and standard situations for shopping make it easier for the unskilled consumer to avoid embarrassment and to become equal to the adept consumer. Secondly, products become not only more standard but milder and easier to use. They become convenient à ¢Ã¢â€š ¬Ã‚ ¦ Convenience is an attribute that has much to do the social uses and social meaning of a product as with its engineering. The more convenient a good, the more it is equally available for the use if men and women, adults and children à ¢Ã¢â€š ¬Ã‚ ¦ Thirdly, there is democratization when goods are consumed in increasingly public ways. To liberate from society, we ought and must was not for Marcuse a problem. What the problem the problem specific to society which delivers the goods was that for liberation there was no mass basis few people wished to be liberated, een fewer were willing to act on that wish, and virtually no one was quite sure in what way the liberation from society might differ from the state they were already in Bauman 2000: 16 One such issue was the possibility that what feels like freedom is not in fact freedom at all; that people may be satisfied with their lot even though that lot were far from being objectively satisfactory; that, living in slavery, they feel free and so experience no urge to liberate themselves, thus forsaking or forfeiting the chance of being genuinely free Bauman 2000: 17 is liberation a blessing, or a curse? A curse disguised as blessing, a blessing feared as curse? Bauman 2000: 18. other popular addresses for similar complaints have been the embourgeoisement of the underdog (the substitution of having for being, and being for acting, as the uppermost values) Bauman 2000: 19. However Gronow 1997: 9 argued that taste was an ideal means on making social distinctions. Any parvenu who tried to act as a gentleman could always be put in his proper place by letting him know through small gestures that even though he thinks he is acquainted with the right etiquette, he still does not master the requirements of good taste. This can us be used as a criticism in relation to democracy of good in the sense that even though there was mass production of goods, the working class were not accepted even though they tried fitting in, into the upper class. Thus it can be argued that the democracy of goods created an illusion of democracy, as it made working class ind ividuals Boorstin 1993 and others have suggested that mass consumption created democracy of goods. Schudsons account is somewhat different. Yes, goods became more uniformly available, more standardized, more convenient, and more likely to be consumed in public ways. Yet, although the goods displayed in a department store are in theory available to everyone, in practice they are available only ot those with the resources to make the purchase. Schudsons analysis reminds us that the displays of mass consumption creates a democratization of desire and envy (1984 pp 181, 151) Advertising reached its modern form around 1900 rather than simply describing products technical virtues, ads increasingly addressed consumers deeper concerns. Instead of extolling the cleaning powder of a particular soap, for example, the new ads emphasized the social embarrassment of body odor or the sex appeal of the skin (Fischer 2010: 65) The parable of the democracy of goods always remained implicit in its negative counterpart. It assured readers that they could be as healthy, as charming, as free from social offense as the very nicest (richest) people, simply by using a product that any one could afford (219) The parable emphasized the affordability of the product to families of modest income while attempting to maintain a class image of the products the preferred choice of their social better (221) The most attractive aspect of the parable to advertisers was that it preached the coming of an equalizing democracy without sacrificing those fascinating contrast of social condition that had long been the touchstone of high drama (221) They dressed up Americans wealthy as dazzling aristocrats, and then reassured readers that they could easily enjoy an essential equality with such elites in the things that really mattered GIVE AN EXAMPLE CHERYL COLE ADVERTISEMENT (she worked her way up, the general working class public could identify with her background and where she has come from. Thus suggesting that if they work really hard they could get to where they want be and be what they want in society

Capital Punishment Essay -- Argumentative Persuasive Death Crime Essay

Capital Punishment   Ã‚  Ã‚  Ã‚  Ã‚  Taking this course has made me ponder on many issues which I never deemed worthy of my thoughts. I always considered the death penalty one of those things which I never had to concern myself with. First of all I'm not planning to commit any vial crimes, and I don't think anyone I care about has those plans either. Secondly, I've never been conscious or concerned with the likes of criminals. When we began speaking on the subject, I thought we were only going to talk about the institution of racism in capital punishment, and was quite unaware of the feeling this subject would arouse in me. Needless to say, I have formed some opinions on the issue which confused even me.   Ã‚  Ã‚  Ã‚  Ã‚  I always considered myself pro-capital punishment. I was of the mind that if someone killed me, I would like my death avenged, but pondering on the issue of cultural differences has made me doubt my prior convictions. First of all, I am against the use of the lethal injection. I understand that it is cleaner, but if the law wants to inflict death as a punishment, it must understand that death is not a pretty thing. Criminals are painlessly put to sleep, and die in the same manner that Dr. Kavorkian's patients choose. Personally, if I was faced with the option of living the remainder of my life in isolation, perpetually haunted by pain and images of terror, I would absolutely chose to die by lethal injection. There is no true punishment in this method, except the fear of going to hell, which I strongly doubt is of much concern to most convicts on death row.   Ã‚  Ã‚  Ã‚  Ã‚  Assuming that the judicial processes which convict these individuals are legitimate, the only common bond within this group is that they are all mortal, and hold no respect for human life. These delinquents are on death row, because they have committed a crime of such ghastly proportions, that society has deemed them unfit to live. They deliberately and nonchalantly depraved another human of their life. They emphatically partook in reprehensible malice of inhuman dimensions, never bothered by their conscience. They are sick and vile individuals who do not acknowledge social conventions such as religion and the law. They have broken the law, and in leaving it they removed themselves from the protection of the law. The 8th Amendment should no longer apply to these sick de... ...ideas of hate. Then you burn their faces till they are so ugly to look at that they are ashamed to be alive. Then you castrate them to make sure they can no longer partake in pleasure. In this disheveled state you throw them out to the streets so they can see and hear the pain, agony and injustice that they so freely bestowed on their victims. They will truly suffer for their crimes. They will be the new example for future criminals. No longer will the villain be worshipped by the mass media, or by the youngsters on the streets. The gangster will then cease to exist, and only the mentally retarded will perpetuate their heinous crimes.   Ã‚  Ã‚  Ã‚  Ã‚  Isn't it sad that our situation has become so grave that we must actually look to these alternatives to solve the problem. I think everyone knows that the only way to help ourselves to a better life is through education, but politicians continue to withdraw funding for schools. We are going about the solution in the wrong way. If we teach people to value themselves and accept others, and therefore dissolve economic and class differences, we will truly begin to put an end to crime. Till then we will have to accept our reality.

Crime in Schools

Student’s Name:Makeeda Brooks Instructor:Mrs. Rochelle Porter-Linton Course: Freshman Composition II Section:M Assignment:Argumentative Essay Date:November 18, 2010 â€Å"The modern world places too much reliance on technology. † Do you agree? Technology, which means the development and application of tools, machines, materials and processes that help to solve human problems. Compared to the past technology has improved tremendously making it near impossible to survive in an environment without it.Technology however creates three main issues helplessness, environmental hazards and social problems. Over reliance on technology is at the expenses of the environment. Individual’s health is increasingly being affected by technology; one of the major reasons for this is the increased use of cell phones. There is a harmful radiation that emerges from the use of cell phone which affects the human brain.Flora and fauna has been also affected due to the increased usage of pesticides the air, water and soil has been contaminated this is then trickled down to humans who consume fruits and vegetables. Social problems that arise from an over reliance on technology is: poor communication and relational skills and an addiction to the internet. Technology has caused a break down in the communication process because individuals spend more time on the internet sending instant messages that are not grammatically correct.This in turn creates problems with persons writing essays and other general papers for school purposes, because they are accustom to writing a particular way on the internet it is embedded in them and therefore relate it to everything they do. An addiction to the internet cause individuals more so the younger generation to be socially deprived. The younger generation relies on the internet to keep in touch with friends and family, this however eliminates the need for face-to-face conversations. Individuals and society becomes helpless and at a loss as to how to proceed without technology.This result in persons being replaced by machines in the labor market and much reliance is placed on these machines to increase productivity and generate more revenue. Whenever there is a breakdown of machinery in the labor market there is going to be problems because of the reliance that is placed on these machineries. Tedious house chores that were normally done manually are now been done with the use of technology for example washing of clothes made much easier with the invention of the washing machines.The modern world has placed too much reliance on technology. A breakdown in technology, such as a loss of electricity, would bring societies and economies to a standstill. Excessive use of technology depletes natural resources, affects the human health and causes the younger generation to be helpless. While technology has improved our standard of living in many different ways and made lives easier, we should use it in such a way that it benefits individuals as well as the environment.

Biography and History Essay

The fourth chapter of Quibuyen’s â€Å"A Nation Aborted† explores the meaning of Rizal’s intellectual work by scrutinizing the fusion of Rizal’s biography and history. Quibuyen begins his chapter by refuting what Austin Coates and Maria Guerrero have said- that Rizal inspired the Filipinos to make the first revolution in Asia single-handedly with ideas all his own. Quibyen presents in this chapter two crucial things to consider in interpreting Rizal’s work: (1) Rizal’s ideas that embodied like a form of debate and also the Blumentrit (2) Rizal’s vision and nationalist projects and how it affected Filipinos’ thoughts and feelings. Quibuyen mentions lots of personas such as Father Jose Burgos, Grciano Lopez Jaena, Jose Rizal Andres Bonifacio ,Apolinario Mabini, Antonio Luna , Marcelo H. del Pilar, Gregorio del Pilar, Emilio Jacinto, among others who were destroyed by the system they wished to radically transform. He further said t hat they were consumed by the intensity of the struggles. Quibuyen only contention is to prove that Rizal was not the only one who contributed for what we do endure in the present. Quibuyen enumerates three moments that make up the national consciousness of the Filipinos: (1) Burgos as the principal figure and the spectator 11-year-old Rizal. (2) the time when Bonifacio saw and heard Rizal as the speaker in the inauguration of the La Liga and also when Bonifacio founded the Katipunan (3) Rizal’s martyrdom and the beginning of the Revolution. These essential events happened in 1872, 1892, 1896 respectively. Quibyen points out that the making of the nation started with the time of Father Burgos until the time of Rizal’s execution. According to Felipe Buencamino Sr., liberal Peninsulars introduced to the Philippines the ideas of French Revolution which enlightened the Filipinos. It was in 1834 when the Philippines facilitated the opening to the national trade. Moreover, he emphasized that the first Liberal Party in the country was not a party in the sense of being formally constituted like the Liga or the Katipunan rather it involved a loose alliance of: Comite de Reformadores and Juventud Escolar Liberal. The former consisted of priests, professors and the businessmen while the latter consisted students. Hence, Buencamino stated that the first â€Å"liberal† as he observes, was fighting for Filipinos equality with the Spaniards. Filipinos as per Buencamino presupposed the basic principles of Enlightenment: freedom, human rights, and man’s dignity. Quibuyen therefore pointed out that these principles are not opposed to the moral teachings of Catholicism. That is why Burgos, also known as â€Å" Catholic Liberal† became the movement’s de facto leader and spokesman. Furthermore, Quibuyen mentioned the two moral perspectives which underpinned the movement: Enlightenment and Catholicism. Furthermore, Quibuyen stated in this chapter that the liberal movement aimed for equality among Filipinos not only in terms of secularization or Church but also equality in terms of military and the government. The Filipino liberals founded the first Filipino periodical El Eco Filipino in Madrid to rebut the friars racist periodical La Verdad. The latter discriminated the Filipinos and promoted that the Filipino was inferior to the Peninsular and incapable of assuming positions held by the Peninsular. Quibuyen further said that Rizal stood out as the Tagalog Christ in the Pasyon notwithstanding the facts that lots of Ilustrados were executed at the Bagumbayan shortly after the Katipunan’s exposure in 1896. That is why Bonifacio transalted Rizal’s Mi Ulitimo Adios to disseminate to the Filipinos. Quibuyen emblematized Rizal and Bonifacio not only as the symbol for Enlightenment but also and more important, of the Judeo-Christian tradition. Quibuyen mentions in the chapter Rizal’s influences, juvenile writings and college readings that would determine Rizal’s historical works and constitute his major contributions to the nationalist movement. Among these events are: his prize-winning poem A La Juventud Filipina, his writing of Junto al Pasig etc. Moreover, when Rizal went to Europe and began his historical project, he had glimpsed of the Philippine history’s frame: pre-colonial, colonial and postcolonial. Rizal got intrigued Jagor’s essay hence became interested not only in his country’s past but also his country’s future. Meanwhile, Quibuyen also cited in the chapter that Burgos, Rizal and Bonifacio constitute the three links in the nationalist movement from the 1870’s to the 1890’s. Meanwhile Rizal’s edition of Antonio Morga’s Sucesos de las Islas Filipinas along with his Filipinas dentro de cien anos and Sobre la Indolencia de los Filipinos became the basis of national view of history which Bonifacio in turn would disseminate through the revolutionary Katipunan. The El Filibuserismo and Noli Me Tangere as stated by Quibuyen are necessary to determine who among its characters share with Rizal’s ideas. Sinibaldo de Mas, a civil servant in Madrid has made a colonial discourse on how to rule efficiently-â€Å" Informe  sobre el estado de las Islas Filipinas en 1842†. This became the cornerstone colonial practice in the Phillipines. Mas started with the premise that the question on how to rule depends on the government’s purpose. If the purpose of the government is to keep the islands as a colony, the regime must the three policy imperatives: (1)† the coloured population must voluntarily respect and obey the whites† (2) the growth of the creole class and the formation of liberals in the colony must be prevented; (3) the administration must undergo a thorough reform. Mas further pointed out that the creoles constitute a dangerous threat. However, Mas realized that it was best for Spain to prepare the Philippines for independence after when Mas had a tour of the country and had examination of the working of the colonial government. He concluded that the country was in fact useless to Spain and that it did not augment the Crown’s treasury. Meanwhile, the chapter progresses as Alatas stated that colonial discourse was a defensive reaction by the ruling class against popular movement for change. Lastly, I liked how Quibuyen ended up the chapter by corroborating that the radical ilustrados as mentioned by Quibuyen were â€Å"amateur intellectuals† because they never got paid for what they wrote and even had to suffer for it. For instance, Rizal who had to shoulder the cost of his research and publishing his books and instead of a book award , he ended up being exiled and executed.