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Tuesday, August 6, 2019
Book Reviews Essay Example for Free
Book Reviews Essay 1. To what does the title of the book refer? Having a detailed and well-constructed setting in Packingtown, Chicago, Upton Sinclairââ¬â¢s The Jungle can easily be mistaken as a story that has its central on the setting. Therefore, it is but natural to point out that the title is referring to Packingtown itself. Reading thoroughly into the book, though, one is led to realize that the jungle actually refers to something larger than just the city where the story happens. Aside from a vivid description of the setting, which greatly resembles the darkness and gloominess of the jungle, a reader has to note what the characters in the story have to go through. The novel depicts scenes where characters do everything in their power to survive the cut-throat environment in which they live in. These scenes point to what the title actually refers to: the concept of survival of the fittest. Much as the most cunning animals in the jungle are those who survive, The Jungle reflects that those who are devious reign supreme. 2. What is the main point(s) of the book? Why did the author write it? Did the author achieve his objective? Upton Sinclair wanted to reveal the evils of the meat-packing industry during his time. But more than just wanting to abolish the barbarity of the meat industry, Upton Sinclair wanted to take a jab at the evils of capitalism and the meat industry was just a start for him. Being a socialist, the author wanted to show how capitalism is detrimental to the poor as it only makes the rich richer. Though Sinclair was not totally successful in abandoning capitalism, he was, at the very least, successful in urging the government to take a look at the meat-packing industry and take steps in bettering the said industry. To date, The Jungle remains one of the most influential books in American history. 3. When was the book written? Is that relevant in this case? The novel was written in 1906, which holds significance as to why the story was written. The setting depicted in the novel is one that Upton Sinclair has experienced, urging him to write the book. 4. What do you know about the life of the author that would have led him to write The Jungle? Upton Sinclair was born to a family who once enjoyed aristocratic status but was thrown into the binge of poverty towards the end of the 1870ââ¬â¢s. Growing up in a poor environment and hearing stories of the rich lifestyle from his once wealthy grandparents had its mark on young Sinclair. This contrast between the rich and the poor greatly affected his writings. Aside from this, though, something that led him to write The Jungle was the introduction to the socialist philosophy during his college years. Not only did the philosophy instill the principles that were apparent in The Jungle, it literally pushed Upton Sinclair into the industry he represented in the novel. Being an avid fan of socialism, the author became a writer for a socialist paper that sent him to investigate the lives of stockyard workers ââ¬â those working in the meatpacking industry included. 5. How well does The Jungle reflect political, urban, business and immigrant life in America in the early twentieth century? Do you think it is an accurate reflection? Why or why not? Upton Sinclair is often criticized for his tendency to exaggerate; hence, it can be assumed that his portrayal of what was happening in the meat-packing industry is sort of larger-than-life. Assuming that this is true, one can still not deny that The Jungle still is a reflection of the political, urban, business and immigrant life in America during the early twentieth century. Despite whatever embellishments were written in The Jungle, Upton Sinclair still truthfully revealed the atrocities regarding the capitalist society ââ¬â how the immigrants have to fight for their lives in order to ensure survival in the city and how the authorities turn a blind eye to industries that have the capacity to ââ¬Å"payâ⬠. 6. What were the problems immigrants faced at the turn of the twentieth century? Are those problems still evident? How or how not is that the case? That is, what has changed or not changed in the last hundred years for immigrants? The face of immigration in the United States has changed several times in the past decade. Towards the end of the 19th and during the earlier parts of the 20th centuries, immigrants faced numerous kinds of discrimination. Coming to America under circumstances where the country was riddled with poverty, crime, and disease, the immigrants in this period were feared and ridiculed. They were seen by the majority as the source of everything bad in American society during that period. Also, the growing number of immigrants has led the U. S. government to take some steps to curb the entrance of more people into U. S. shores. Positive changes have occurred for immigrants as well. The quotas were eventually removed, welcoming more immigrants to fulfill their ââ¬Å"Americanâ⬠dream. Also, the concept of white ethnicity shifted from scientific evidence to common knowledge ââ¬â making race dependent on social boundaries rather than scientific definitions. 8. What did you like most and least about the book? I could have done without the overly vivid depictions of the meat-packing industry, though I also have to admit that it was those depictions that made the novel deliver an effective message. The fact that the book spoke truthfully of the anomalies in the food industry and urged changes that up to now I am benefitting from is what I loved most about it. Rarely do we come across a literary piece that affects lives as much. 9. What was the most important and/or interesting thing(s) you learned from reading the book? The most important thing I learned from the book is the beauty of socialism and an appreciation for the kind of capitalism that America has at the moment. I also found it interesting how a literary fiction greatly affected one aspect of corruption in the country. 10. Are there any other comments you would like to make that were not addressed above? Whether or not socialism would have been a better system for the United States is something that we all have to just imagine. I guess despite the evils that capitalism may present, one cannot deny that capitalism is not such a bad thing, considering how much growth it has brought to this country. We all just have to be wary of possible corruptions and act upon these when spotted. QUESTIONS FOR GRAPES OF WRATH 1. Who was John Steinbeck? Why did he write his book? What was there in the authorââ¬â¢s background or the time period of the bookââ¬â¢s writing that might have led him to write the book? Living in California most of his life (with just a brief stay in New York), John Steinbeck has been exposed to the events that went down in Californian history. Grapes of Wrath was a direct result of the happenings that transpired in America during the 1930ââ¬â¢s. With the Great Depression dawning over the ââ¬Å"Dust Bowlâ⬠states of Oklahoma and Texas, many of the farmers migrated to California. Steinbeck was a witness as to how California became crowded, making job and food scarce for the migrant farmers who became known as ââ¬ËOkiesââ¬â¢. 3. What is the time period of the bookââ¬â¢s action? The bookââ¬â¢s action occurs mostly in the 1930ââ¬â¢s ââ¬â mostly 1930ââ¬â¢s when the migration of the ââ¬ËOkiesââ¬â¢ to California and when the discrimination occurred. 4. What were the attractions of California? Are there any parallels today? California was seen as the ââ¬Ësalvationââ¬â¢ of the Okies farmers. It was a land that promised fertile lands which equated to jobs. Though California is no longer the agricultural land that it once was, it still is a refuge for people who want to get good employment. Instead of lands to till, California offers movie studios that equate to jobs for aspiring actors and actresses. 5. What was the opposition to the Okies? Was any of it valid? The ââ¬Ëlocalââ¬â¢ Californians were greatly opposed to the Okies because they saw the migrants as threats wanting to take over the land as they once had over the Mexicans. Though total land domination was not what the Okies intended, 6. When was the book written? Why is that relevant? First published in 1939, Grapes of Wrath was penned in 1938. The time period is relevant as it tells a lot as to why Steinbeck chose the subject matter for the novel. 7. To what does the title of the book refer? Grapes of Wrath refers to the fruits of wrath. John Steinbeck wants to communicate the good thing about maintaining a sense of anger towards people who intend to clip your wings or who attempt to trample your dignity. Thereââ¬â¢s this line in the novel that clearly depicts this: ââ¬Å"as long as fear turn to wrathâ⬠ââ¬â when fear turns to wrath, self-respect is maintained. 9. How well did the book expose what some would call the social ills of the nation? Many have criticized the book to be merely a sentiment rather than a true exposure of the social ills of America during the time of its publication. However, its continuing popularity to date ââ¬â not just with casual readers but with students as well ââ¬â reflects just how effective Steinbeck was in exposing the ills of society. Even though the story was something central to the setting, the morals and themes exposed still rings true at present times, making Grapes of Wrath a truly classic story. 10. Do you think the book is an accurate reflection of America at that time? Why or why not? I guess even with the contention from some Americans, Grapes of Wrath is an accurate reflection of 1930ââ¬â¢s America. With the Great Depression dawning over America, one cannot blame the people for being selfish and doubtful of other people. And though Steinbeckââ¬â¢s novel is considered fiction, the stories depicted in it are those that have been painted in history books as well. 11. What have been some of the racial criticisms of Steinbeck? Why? In this novel, John Steinbeck focuses on ââ¬Å"whiteâ⬠racism. He mostly deals with a rich white to poor white discrimination. He wanted to paint the discrepancy between the rich and poor at that time. Though he also touched on discrimination of the black Americans in Chapter 19, ââ¬Å"Why, Jesus, theyre as dangerous as niggers in the South! If they ever get together there aint nothin thatll stop em. â⬠Steinbeck wanted to reiterate the fact that racism exists and that it is still an issue Americans have to address. 12. What does the book say about the state of socialism or communism in America at that time? What are the authorââ¬â¢s greatest criticisms of capitalism? Are they valid? Explain. John Steinbeck portrayed America in a state of unrestricted capitalism. His greatest critique of this kind of philosophy is that the ââ¬Å"havesâ⬠continually drive the ââ¬Å"have notsâ⬠into extreme poverty. Because of inconsideration and a desire to constantly acquire more wealth, the landowners and bank people deprive the small landowners and share-croppers of the basic needs of survival, such as the case with oranges being spilled with kerosene. Basing on accounts of the Great Depression, one can say that Steinbeck did paint a realistic picture. Given that, one can say that his criticisms are valid in that they needed attention from the people and action towards change. 13. If the authorââ¬â¢s points are valid regarding problems depicted in the book, then why werenââ¬â¢t there more violent uprisings? Violent uprisings were not possible given the fact that most of the poor people have survival as their primary concern. With families starving, small landowners and share-croppers worry more about where their next meal will come from rather than how they can better their lives through insurgency. 14. Do you think Steinbeck supported or rejected the New Deal? Explain. Explain what the book has to say about the effects of technology, both negative and positive. Though the ending of Grapes of Wrath shadows Steinbeckââ¬â¢s belief that communism may be a better way of living (the breastfeeding scene tells that sharing of resources is a better option as compared to capitalism), I think Steinbeck may have accepted the New Deal in that it aimed to put a control over capitalism. 15. How did the philosophy of Jim Casey, who some critics say embodied the ideas of Steinbeck more than any other character, fit the philosophy of the New Deal? Jim Casey was the voice of reason in Grapes of Wrath. His philosophy meshes well with the New Deal as it speaks of how Steinbeck wanted ââ¬Ëstructureââ¬â¢ in the capitalism ruling over America. New Deal streamlines programs that will attempt at balancing the scale that at that time favors the rich and tip it to favor the oppressed. 16. What did you like most and least about the book? Steinbeckââ¬â¢s novel had too many characters that one needs to keep track of. However, his point of view and manner of narration was effective, making one crave for the pages to come. 17. What was the most important and/or interesting thing(s) you learned from reading the book? Much like Upton Sinclairââ¬â¢s The Jungle, The Grapes of Wrath makes one see into commercialism as not entirely the evil that everyone may lead to believe. Proper control of the businesses and willingness in everyone to help each other out is just what we need to make capitalism work and to have it fair for all involved. 18. Why did some Americans not like the book? Some, if not most, Californians and Oklahomans at the time of publication did not appreciate Grapes of Wrath because of the thinking that they were poorly ââ¬â if not wrongly ââ¬â represented in the novel. They argue that the booksââ¬â¢ depiction of the events were not true to life. 20. Are there any points you would have liked to see developed more in the book? I would have liked to see more of what kind of steps Steinbeck wanted America to partake. It would have been a more effective read had there been more suggestions as to what the citizens or government needed to do to alleviate poverty. 21. Would you recommend this book to others? Why or why not? I would certainly recommend this book to others because I enjoyed reading it. It gave me a look into American history that I never would want to be repeated in present times. Given this, it made me realize what I need to do to prevent history from repeating itself. 22. Are there any other points you would like to make that were not addressed above? I guess all points have been discussed in the above questions. QUESTIONS FOR IN RETROSPECT, The Tragedy and Lessons of Vietnam 1. Who was Robert McNamara? Why did he write his book? Robert McNamara was the United Statesââ¬â¢ 8th Secretary of Defense. The book IN RETROSPECT: The Tragedy and Lessons of Vietnam was born out of his experiences as the Secretary of Defense during the Vietnam War. 2. What are topics covered in the book? What is the bookââ¬â¢s time period? Why? After a brief autobiography of his life up to the point when he was appointed by President John F. Kennedy as Secretary of Defense, Robert McNamara went on to discuss everything he knew about the Vietnam War. In each chapter, he outlined how America came to a point of deep involvement with South Vietnamââ¬â¢s fight against succumbing to communism. He detailed JFKââ¬â¢s decisions and on to President Lyndon B. Johnsonââ¬â¢s plans on Vietnam. Since this is mostly about the Vietnam War, the book covers the 1960ââ¬â¢s. 3. What were the arguments for staying in Vietnam during the 1950s and ââ¬Ë60s? JFKââ¬â¢s reason for involvement in Vietnam is containment, suppressing communism and ensuring American influence in Asia. When JFK started to withdraw U. S. troops in Vietnam, he was shortly assassinated. When LBJ took over, U. S. troops were still highly visible in Vietnam. On top of pressure for more military support, LBJââ¬â¢s reason was that he wanted to retaliate for attacks on the American presence in Vietnam. 4. What does McNamara say are the false assumptions the U. S. had about the Vietnam War in the early and mid 1960s? Being a strong to reckon with, America has falsely assumed that it can ââ¬â single-handedly ââ¬â prevent communism and help South Vietnam fight off the force of the North. What America failed to see was that it needed the support of other nations regarding the causes being fought in the Vietnam War. Also, America thought South Vietnam needed Americans to fight their war when in fact all they would have needed was mere aid. 5. Why did the U. S. escalate the war in the mid 1960s? The attacks on the U. S. troops at the Tonkin Gulf led to the escalation of the war in 1965. 6. What does McNamara say were some of the basic questions we failed to ask and answer before committing U. S. forces in Vietnam? McNamara listed the following basic questions that we failed to ask ourselves before involving ourselves deeper into the Vietnam War: (a) Was it true that the fall of South Vietnam would trigger the fall of all Southeast Asia? (b) Would that constitute a grave threat to the Wests security? (c) What kind of war ââ¬â conventional or guerrilla ââ¬â might develop? (d) Could we win it with US troops fighting alongside the South Vietnamese? And (d) Should we not know the answers to these questions before deciding whether to commit troops? 7. Why does McNamara feel that a greater U. S. military effort in Vietnam would have been disastrous? McNamara felt that escalating war in Vietnam will have its grave effects mostly because the effort will not be something that the Congress has agreed upon, leading to unrest from the American people. Also, the fact that America has failed to answer the ââ¬Å"five basic questionsâ⬠prove that America really is yet unready to take things a step further in Vietnam. 8. Are there any lessons from the Vietnam War that might have significance for Americaââ¬â¢s current policy in Iraq? Though unified agreement on a looming war is impossible, America should have learned from Vietnam the lesson that the nation needs to be unified in the causes of a war. Also, America should wholly ready in facing any impending war instead of making head-on collisions without any preparations. 10. What is the most important thing you learned from the book? The book taught me about a period in my countryââ¬â¢s time that I was not able to bear witness to. It made me understand as to why Americans had the sentiments about Vietnam and why the same sentiments are being applied to Iraq. 11. Did you like the book? Why or why not? Though the book was a historical account rather than a fictional stab at past events like the books above, I did enjoy reading it. It also made me look into events that have unfolded as of late. 12. What sources did the author use to make his points? McNamara pointed to his own experiences to drive his point. 13. Does the author achieve what he set out to do? I think Robert McNamara was fairly effective in opening the eyes of the nation to the truths about the Vietnam War. The objective was achieved because for the first time, Americans were able to get a perspective from an insider. It was a relief to actually get an admission of the mistakes of the Vietnam War straight from the ââ¬Å"author of the Vietnam Warâ⬠himself. 14. Are there any points you would have liked to see developed in the book more? I guess the book pretty much covered all bases, especially since we were getting an ââ¬Å"insiderââ¬â¢s perspectiveâ⬠. 15. What have you learned from reading this book? I have learned that by looking deep into the inner workings of the Vietnam War will prevent America from making the same mistakes over again. Also, I learned that a deliberation of the nationââ¬â¢s actions will yield better results than making hurried decisions. 16. Would you recommend this book to others? Why or why not? To any American who cares to have a glimpse of one of the most eventful periods of America, I will recommend this book because this is a really good insight to the Vietnam War. Also a lot of lessons can be learned from it. 17. Are there any other comments you would like to make that were not addressed above? None, everything has been said above. QUESTIONS FOR THE KITE RUNNER 1. What is the time frame and location of the book? Kite Runner takes us to Afghanistan during the last days of monarchy (1973) into recent times. We also get glimpses of America but the story mostly occurs in Afghanistan. 2. What did you learn about the history of Afghanistan from reading the book? Afghanistanââ¬â¢s history is very much described by socioeconomic class, with the lower classes having little to almost no hope of moving up the ladder. Discrimination was central to the poor and this discrimination led to uprisings and upheaval of monarchy. I have also learned how the history of Afghanistan was riddled with a lot of turmoil such as civil war and the Soviet invasion. I also got a glimpse of how the Talibans started to try and take control. 3. What did you learn about the Cold War? The Cold War left Afghan in a more turbulent state, having been in the center of two superpowersââ¬â¢ desire to take over. Having acquired help from Soviet Union, Afghanistan became sort of a target for the U. S. , who saw an opportunity to bring down the communist country. 4. What did you learn about the immigrant experience from reading the book? Did it support or change your views about immigrants? The book supported my view about immigrants. Immigrants are not entirely a trouble to a country, as one may have been led to believe by previous media works. Immigrants, who have as much difficulty leaving their homelands as settling in a new place, can actually contribute something good to the country. Amir, in one hand, lived in America righteously. 5. What part of the book was the most memorable or meaningful to you? For me, the part where Amir tells Sohrab about his father Hassan is the most memorable part of the book. Not only was it emotionally-laden but any child who has had a good relationship with his/her father can relate to it. It proves that bonds within families are the most important of all. 6. Farid (Amirââ¬â¢s driver) tells Amir that Amir has always been a tourist in Afghanistan ââ¬â he just didnââ¬â¢t know it (page 323). Do you agree or not? Why? Do you think itââ¬â¢s true for you in your country? I do agree with what Farid told Amir. Amirââ¬â¢s story is not a story that tells what a normal Afghan will go through during the time of the storyââ¬â¢s writing. Amir was born of money, something that only a few Afghans have the privilege of having. I donââ¬â¢t think I am like Amir though, because my lifestyle and family stature are what one can describe as being in the middle spectrum of American society. 7. What did you learn about Afghanistan and the Middle East from reading this novel? I learned that the turbulences that we hear in the news of Afghanistan and the Middle East are something that has deep roots in the nationsââ¬â¢ histories. 9. Were you surprised to read about the racial tension between the Pashtuns and Hazaras? Why do you think the oppression existed? Does it have parallels in America? I guess I can say that I was surprised to read about the racial tension between Pashtuns and Hazaras. I think the oppression came from the fact that the majority group (Pashtuns) wanted to eliminate the minority (Hazaras). This was mainly because they had different beliefs and they wanted one belief to reign supreme. Though in present-day America, this kind of oppression no longer exists, one can recall the kind of racial tension during the American Civil War. 10. Did the end of the book express hope for the future? Why or why not? The ending, for me, presented a lot of hope as I think Sohrabââ¬â¢s little smile is a step towards achieving better things not only for Sohrab himself but for Afghanistan and the Afghanis. Amir allowing a link of the past and the present and a reversal of roles symbolizes the fact that if one is willing to give way, things will eventually be better. 11. How did the book get its title? Who was the kite runner? The original kite runner was Hassan. The act of flying a kite expresses ââ¬Å"controlledâ⬠freedom as flight is controlled by that string that binds it. 12. What did you like most and least about the book? The book was generally a sad one, painting stories that are almost heart-wrenching. But since it was a book that presents hope and is a book that has great potential to move people into action, I loved reading it. 13. Why did Baba like Ronald Reagan? Why do you think the neighbors disliked the president? Known for his acceptance of immigration, it was but natural that Baba liked Ronald Reagan. The neighbors, though, disliked the president because he was known to have passed policies that sank America into greater poverty. Babaââ¬â¢s neighbors blamed the president for the oppressed state they were in. 14. Who are the Taliban and how are they portrayed in the book? Do you think the portrayal is accurate? The Talibans were portrayed as the ââ¬Å"bad peopleâ⬠, being shown to do random killings and unjust executions. If one is to believe the things being aired in the news, one can say that the portrayal was accurate. Given that the story was written by an Afghan, one may also assume that the portrayal can only ring the truth. 15. The book talks a lot about courage. Cite some examples of how courage was displayed. Who do you think was the most courageous character? I think the most courageous character was Hassan. His acts of covering up for Amir and standing up against the Talibans are prime examples of courage. 16. With which character did you feel the greatest attachment? Why? I had the greatest attachment to Hassan. He was a real friend and a real admirable character, making him someone that people easily want to know. Please let me know if you have any further question.
Monday, August 5, 2019
Euthanasia From An Islamic Perspective
Euthanasia From An Islamic Perspective In our position paper, EUTHANASIA from an Islamic perspective, we are very clear that Active Euthanasia (giving lethal injection to end life, as an example) is not just absolutely prohibited; rather it is condemned in Islam. However declining treatment is allowed in Islam. Withdrawal of treatment is considered as passive euthanasia by some Muslim scholars, no matter how futile the treatment. In order to understand this contemporary issue of Bioethics, we need to trace the entire problem, bringing to light various issues which have stirred the entire medical community, religious and moral institutions, to deliberate on this matter. Modern medicine has been enormously successful in saving and extending lives1. No one can disagree with it, but it has raised certain issues, namely, how to treat those who are alive, but not living lives they think worthwhile, and have no prospects for anything better. It has been argued that there is a strong prima facie case for allowing persons who are facing intractable pain or indignities in the final stages of their lives to determine for themselves when life is no longer worth living, and, where necessary, receive assistance in ending their lives. This prima facie case is constructed from the principles of liberty, autonomy and equality; from the value of preventing unnecessary suffering and preserving the dignity of the individual2. Active euthanasia is not legal. PAS is legal in the Netherlands, Belgium, and Switzerland. In the United States, Oregon legalized PAS in 1997, and the practice was legalized in Washington State in March of 2009. 3 The arguments against the ending of life include: the sanctity of life and the moral wrongness of killing; the possibility of an incorrect diagnosis or a miracle cure; the alleged inability to know that voluntary informed consent has been obtained; the slippery slope argument; and the ability of modern medicine to control pain. Etymology: Gk, eu, good; thanatos, death 1. The act or practice of ending the life of an individual suffering from a terminal illness or an incurable condition, as by lethal injection or the suspension of extraordinary medical treatment. 2. A quiet, painless death4. Euthanasia5: It refers to the practice of ending a life in a manner which relieves pain and suffering. It is a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering. It may be called intentional mercy killing. Voluntary Euthanasia: The physician intentionally ends the patients life at the patients request and with the patients full informed consent. Non-voluntary Euthanasia: Euthanasia conducted where the consent of the patient is unavailable Involuntary Euthanasia: Euthanasia conducted against the will of the patient. Passive euthanasia or Euthanasia by Omission: It entails intentionally causing death by not providing necessary usual and customary care by withholding supportive treatments, such as antibiotics, nutrition and respirators necessary for the continuance of life Active euthanasia or Euthanasia by Commission: The term euthanasia without a qualifying phrase means voluntary active euthanasia or intentionally causing a persons death by performing an action such as by giving a lethal injection. Physician Assisted Suicide (PAS) 6: The physician provides an individual with the information, prescription, guidance, and means to take his or her own life with the intention that they will be used for this purpose. Arguments for Euthanasia in cotemporary Bioethics7 Euthanasia and PAS may be considered no different from terminating life-sustaining treatments, which is recognized as ethically justified. In both cases, the patient consents to die, in both cases the physician intends to end the patients life and takes some action to cause this to happen; the final result is the patients death. If there is no difference in patient consent, physician intention, or the final result, there can be no difference in the ethical justification. To respect autonomy requires permitting individuals to decide when it is better to end their lives by euthanasia or PAS. Ending a painful life will actually relieve more suffering and thereby produce more good. Arguments against permitting euthanasia and/or PAS in cotemporary Bioethics 8 The exercise of autonomy cannot include the ending of ones life because that would mean ending the possibility of exercising autonomy. The principle of beneficence does not necessarily mean that euthanasia and/or PAS are acceptable as a means of improving well being. The quality care for the dying is not provided to many patients, leading to needless pain and suffering. There is a reasonable distinction between intentionally ending a life and terminating life-sustaining treatments. The actual acts are different injecting a life ending medication or providing a prescription for one is not the same as removing or refraining from introducing an invasive uncomfortable medical intervention. By terminating or withholding life-sustaining treatments, the physicians intention is not to expressly end the patients life but to remove or avoid invasive treatments that adversely impact quality of life and offer no meaningful chance of benefit. By allowing euthanasia we will open a door and euthan asia would not only be for people who are terminally ill. People who are very old and its difficult to look after them, invalid, disable children all will be given up for euthanasia which will cause moral injustice in the society at large. People to get property of an old or ill relative will subject them to euthanasia. Spouses to get rid of their ill partners and to avoid stress of looking after them will give them for euthanasia as a way out of their circumstances Islamic view against Euthanasia in the light of Shariah QURAN Life is an Amanah of God as in Quran it is said To Allah (Almighty God) we belong, and to Him is our return. (Quran 2:156).One thing that we must remember is that death is inevitable 9, and everything except the Almighty God of course, will perish. Signs of death can be seen all around us. At funerals we see people who were once walking among us being buried in their graves. In the fall we see the leaves turn from green to yellow and fall one at a time, and in the winter we see trees, lifeless. In this way, all things in this world will wither away and die. However, we as humans have no right to take another humans life as it is God who decides for the life and death; and a human being 10 is a very respectable creature of God. Allah (S.W.T.) says in Surat Al-Isra, (Verse 70), what can be translated as, We have honored the children of Adam and carried them on earth and in the sea and provided to them the good sustenance. And We made them better than many of what we created. Then Allah (S.W.T) clarified that He (S.W.T.) made the whole universe in the service of man. He says in Surat Lu-Qman, (Verse 20), what can be translated as, Do you not see that Allah made available for you what is in the skies and on earth and flooded you with many blessings known and unknown. So it is evident that Human being is the best creature of God so how come one take his/ her life as in Quran it is said and (Allah) is the one who gave you life, then shall He ordain you to die, then shall He give you your life again, truly mankind is ungrateful (Chapter 22, verse 66) .The sanctity of human life is a basic concept in Islam] moreover , it is said .take not life which Allah has made sacred (Chapter 6, verse 151) furthermore , it is also mentioned Do not kill yourselves, for verily Allah has been to you most merciful (Chapter 4, verse 29) . Now the point comes, if God has made the life of Human, sacred how Islam can permit mercy killing 11. In addition to that Islam has always emphasized on natural death (according to Gods plan and not according to a doctors, judges or the familys plan or decision) in the patients best interests and is the most dignified death for a Muslim believer. Now if we look into the issue of mercy killing in Islamic perspective, it is quite evident that God has not permitted us to take any bodys life. In fact Allah has guided us on treatment. Illnesses and infirmities in life are facts of life that must be met with patience. Such adversities ought to be regarded as challenges to be faced with fortitude 12. And afflicted person should regard his suffering as a test from Allah and should exercise patience (Al Saber) Allah states He test the believers with calamities Al-Quran 2.153. Sunnah Prophet Mohammad (PBUH) said: Whoever kills himself with an iron instrument will be carrying it forever in hell. Whoever takes poison and kills himself will forever keep sipping that poison in hell. Whoever jumps off a mountain and kills himself will forever keep falling down in the depths of hell. (Sahih Bukhari) The Prophet (PBUH) said:I find it strange on the part of a man of faith that he should grieve at his ailment; if he knew what goodness is in his illness, he would love to be ill until he meets his Lord. (Sahih Bukhari) The Prophet (PBUH) said: Amongst the nations before you there was a man who got a wound and growing impatient (with its pain), he took a knife and cut his hand with it and the blood did not stop till he died. Allah said, My Slave hurried to bring death upon himself so I have forbidden him (to enter) Paradise. Sahih Bukhari 4.56.669 The Prophet (PBUH) is reported to have said: Allah (S.W.T) descends diseases and for each ailment He facilitates cures, therefore you should seek treatment 13, but never seek cure from a malignant and harmful substance like poison. 14 Qiyas 15 The extension of Hukm or legal ruling of an established case to a new case by analogy, when the effective cause is the same in both is Qiyas. We opt for it in biomedical issues. In case of unintentional killing, the relatives of deceased can opt for Qisas, diyah or can forego their right. The consent given by relatives to stop a drug or life support in case of brain dead person. Qiyas is invalid, since the right to pardon presupposes the death of the deceased. Juristic preference Istihsan, according to Hanafi School. Such consent is valid because the effective cause of death was present at that time. There is rejection of this view by Hanbalis and Shafie. Islamic Code of Medical Ethics Issued by the first international conference on Islamic Medicineà ¢Ã¢â ¬Ã ¦it states, A doctor is well advised to realize his limit and not transgress it. If it is scientifically certain that life cannot be restored, then it is futile to keep a patient in a vegetative state by heroic means or on artificial methods. It is the process of life that the doctor aims to maintain and not the process of dying. In any case, he should not take a positive measure to take a patients life. Handling Requests for Euthanasia Doctors must listen to the persons request and affirm that they understand that a great deal of suffering underlies the request. Being heard and affirmed can remedy some of the major sources of psychosocial suffering that tend to accompany such requests. In addition doctors need to conduct a comprehensive assessment to understand the nature and sources of the entire patients physical, psychological, spiritual and social suffering. Physicians should determine what social relationships and supports the patient has, and encourage interactions with family and others. Most pain and other physical causes of suffering can be reduced to acceptable levels. Much of the depression, anxiety and other psychological suffering can be minimized. Spiritual suffering can be addressed, as can social issues. With skilled use of palliative care, most experts find that a great majority of cases are resolved and the request goes away. Decisions about life and death matters should never be made in isolation . Determining death Given the need to recite a confession before death, Islam stresses the importance of retaining consciousness until this has been accomplished. The Quran is unclear about whether the body dies when the soul is removed by the Angel of Death, since it does not favor the Greek-inspired mind-body dualism of the persons makeup. Rather, death is most analogous to sleep; indeed, Rahman contends that sleep is a sort of lesser death. The Muslim view is, that the life principle resides in Gods hands and the absence of it cannot be established just through a lack of brain-wave activity. From a religious point of view, mechanical intervention at the time of death is of limited value, since death is considered a moment of destiny involving supernatural forces. However, in 1986, the International Collective of Islamic Jurists of the Organization of Islamic Conference rendered an opinion in Amman, Jordan, saying that an individual would be considered dead in either of the following situations: 1. If the heart and breath stop completely, and the physicians are convinced that this condition is irreversible: 2. If all the mental functions of the mind have ceased, and the physicians decide such a condition is irreversible. In either of these scenarios, it is legitimate to disengage all machines, even if some parts of the body are still functioning with their assistance. It is also legitimate to stop all medical intervention. While these guidelines carefully define death, they have also validated decisions to maintain people who are brain dead on life support systems, since such sustenance allows the physician to keep the person alive until body parts can be harvested. The justification for this modification of the bodys integrity is the greater good of the community. Saudi Arabia has become a leader in this field in the Muslim world. The general thrust of Muslim belief is that the community must sustain an individual until it is obvious that the believer must face God. Prolonging that moment will serve no religious purpose. Intravenous feeding for the sole purpose of sustaining the mechanical functions of the body runs counter to Islamic notions of death. Ultimately Muslims believe medicine cannot change the destiny of the human, and attempts to bypass the inevitable may be interpreted as an obvious lack of trust in God. Killing and its Liability: In Quran its been said: On that account We ordained for the children of Israel that if anyone slay a person -unless it be for murder or spreading mischief in the land- it would be as if he slew the whole people. And if anyone saved a life, it would be as if he saved the life of the whole people (Quran 5:32). Saving of one person life is next to saving a whole human race in terms of greatness of its reward. (Al Quran) To violate it is a serious crime therefore, to kill someone deliberately because he is suffering from an unbearable painful illness or injury or because he is too old and has lost all usefulness and praise for living or his illness is incurable comes under culpable homicide and punishable by Qisas (Quran Ayah 2.178)[15] Intentional Killing of someone with incurable disease unbearable pain: Not Allowed in Islam. Un-intentional Killing: In case of a Murdered victim: Heirs of a murdered victim can forgive a victim after the victim has died. Heirs cannot allow killing or remove life saving support before victims death. In Islam anything done by doctor to cause heart, lung or brain death is considered to be Euthanasia which is not permissible in Islam. If a doctor or a surrogate decision maker does euthanasia then he has to pay compensation (Al-DIYAH) to the relatives. He would be deprived of any benefit from inheritance or any reward from the victim in his favor He has to pay AL-Kaffarah as well. This depends on type of euthanasia and intention behind it. Conclusion: The Quran is forthright about death as a major passage to another life. In Islam, it is not quite true to say that death is the cessation of life, but rather, that the life one receives at birth is preparatory for the life after death. Islam is against euthanasia. Human life is sacred because it is given by Allah, and that Allah chooses how long each person will live. Human beings should not interfere in this. Euthanasia and suicide are not included among the reasons allowed for killing in Islam.16 Islam strongly condemns ending of human life on grounds of mercy and human sympathy. Life is a great gift from Allah and is to be cherished and protected at all times. Muslim doctors, nurses and patients should have this basic positive attitude towards human life. They are considered to be life savers and not killers. Islam strongly urges the afflicted person to exercise patience, and strongly exhorts his relatives and community to help relieve his sufferings. Active euthanasia is islamically forbidden for it encompasses a positive role on the part of the physician to end the life of the patient and hasten his death. This is an act of killing, and, killing is a major sin and thus forbidden in Islam, the religion of pure mercy. As for the declining of medical treatment which is, from a medical perspective, thought to be useless, this is permissible and sometimes it is even recommended. Passive euthanasia, which is withdrawal of treatment, remains controversial, requires expiation, even though pardoned by the relatives.12 Only ALLAH has the attributes of AR-REHMAN and AR RAHIM. He is the most Gracious and the most Merciful more than any human being can ever be so we all should pray to ALLAH in difficult situations instead of thinking ourselves to be more merciful by allowing euthanasia for ourselves or for others.
Sunday, August 4, 2019
Documentary on Newfoundland :: essays research papers
Canada is internationally recognized for its excellence in documentary film, and in recent years several of Canada's finest documentary makers have come from this province. Some of them work primarily in Newfoundland and Labrador while others take their cameras around the world. Their films often tell highly personal stories that reflect universal themes, and many are characterized by an unmistakable passion for grass-roots politics, social change and human rights. For most of this century Newfoundland and Labrador stories and events were interpreted through the eyes of visiting filmmakers. Producers from Great Britain and the United States arrived as early as 1907 to do brief pieces about hunting, fishing and wildlife. The National Film Board of Canada (N.F.B.) made several short films here in the 1940s and came regularly after Confederation, eventually building a library of over 100 films about the province. Local directors and producers did not contribute to that library until the 1980s. A few Newfoundlanders were shooting footage in these early years, but usually out of personal interest and with no intention of creating narrative films. Finished projects by local cameramen and editors began to appear after the second World War. They included The Golden Jubilee of Archbishop Roach (1947) by W.J. Ryan and The Land We Love (1955), a travelogue of the Avalon Peninsula by Len Earle. By the late 1960s the CBC and CJON television stations were filming news, entertainment and information programs. Memorial University's Extension Service established a "media unit" to make educational films and documentaries and record significant public events. The unit also worked with the NFB on several projects, including a series of short films on Fogo Island that incorporated input and feedback from local residents. CJON at Buckmaster's Circle, 1952. Jack Squires loads CJON's mobile transmitter van in preparation for an important outside broadcast. Photo by C.F. Ruggles. From Newfoundland Radio in Pictures, 1952 (St. John's, Nfld: Guardian Press, Ã © 1952) 43. (51 kb) In the early 1970s the first generation of independent filmmakers was beginning to emerge. Fourteen of them formed the Newfoundland Independent Filmmaker's Cooperative (NIFCO) in 1975. although dedicated to the making of dramatic and artistic films, NIFCO has also been vital to the development of a home-grown documentary industry. The early NIFCO documentaries focus on the province's history and heritage and are only a few minutes long. Stone's Cove (1980) profiles a resettled community through contemporary footage and old photographs. Dig At Cow Head (1982) is a brief portrait of an archaeological dig.
Attribution of Intentionality and Theory of Mind in Pre-school and Scho
The ability of understanding intentions of others is very important for social development of children (Feinfield, Lee, Flavell, Green, & Flavell, 1999). By means of understanding intentions children can make sense of that people and animates are different from objects (Feinfield, et al., 1999). According to Shantz (1983), this ability is the requisite to understand morality and responsibility. To understand plans and planning we also need to have the ability of understanding intentions (Feinfield, et al., 1999). In addition, Feinfield and colleagues stated that acquiring the ability of understanding intentions of others is also important for the cognitive development of the children such as theory of mind (ToM) that is ââ¬Å"the understanding that others have beliefs, intentions and desires different from oneââ¬â¢s ownâ⬠(Kelly, 2011; p. 5). For these stated reasons many researchers have conducted various studies about the ability of understanding intentions of others. Seve ral studies were carried out to determine when children begin to develop the ability of understanding intentions, which factors have an impact on this ability, how these factors influence the intention attribution and what the role of intention attribution plays for the associations between cognitive capacities and moral reasoning. One of the factors that are related to development of understanding intentions of others is theory of mind competence of the children (Kelly, 2011). Therefore, there are various researches that examined the development of understanding of intentions, its relations with ToM, direction of the relation and the role of the intention attribution as a sphere between ToM and moral judgment. In the present paper, the review of 9 studies that inves... ...ct Effect Theory of Mind and Moral Judgment. Psychological Science, 17(5), 421-427. Loureiro, Carolina Piazzarollo, & Souza, Debora de Hollanda. (2013). The Relationship between Theory of Mind and Moral Development in Preschool Children. Paidà ©ia (Ribeirà £o Preto), 23(54), 93-101. Phillips, W., Baronâ⬠Cohen, S., & Rutter, M. (1998). Understanding intention in normal development and in autism. British Journal of Developmental Psychology, 16(3), 337-348. Shantz, (1983). Social cognition. In J. H. Flavell & E. M. Markman (Eds.), Handbook of Child Psychology, Vol. 3: Cognitive Development, 4th edition. (pp. 495ââ¬â 555). New York: Wiley. Smetana, J. G., Jambon, M., Conry-Murray, C., & Sturge-Apple, M. L. (2012). Reciprocal associations between young children's developing moral judgments and theory of mind. Developmental psychology, 48(4), 1144.
Saturday, August 3, 2019
Why Does Theatre Survive :: essays research papers
Why does theatre survive? 3rd term acting studies essay by Ralph Gassmann "All the worldââ¬â¢s a stageâ⬠¦" to quote the worldââ¬â¢s most famous playwright William Shakespeare who rose to prominence in the 16th century during the reign of Elizabeth I, and whoââ¬â¢s plays have excited and obsessed the generations since and will doubtless continue to do so as we approach the 2nd millennium. On this stage the actor represents the symbol of man with all his imperfection and weakness, with all his morals and ideals. Theatre provides us with a mirror of the society within which we live in and where the conflicts we experience in life are acted out on stage before us. In the space of a few hours, we participate in a story where the facets of life unfold before our eyes and anything can happen, be it tragic, serious or hilarious! On the stage real people take on characters and we can identify with the emotions and actions as they happen and share the experience in real time. When this miracle occurs, when the audience and those on stage breathe a exactly the same time, there is a unique feeling of a fulfilled desire, which transforms the theatre into an immortal place: a combination of ecstasy and empathy for the human experience -- an inspiring event! Another fact which provides the survival of the art form of theatre lies in the very nature of mankind: its inner voyeuristic drive. The desire to watch other people dealing with their conflicts and fates challenges as well as reinforces values and the morality of society. As human beings we are learning by examples from others and our own experiences. What better place therefore than the theatre to form for ourselves an idea of life and its consequences? An inviting and exciting opportunity to watch believable stories and situations as they could happen in real life, showing us a bit better the truth of our nature. Even children can be seen to be acting out stories and learn from the consequences of their actions: The hero survives and the baddy dies! Apart from being philosophical and educational it can be also very entertaining. And so is the theatre: If comedy is the form in which we see the weakness and faults of others and accept them, then tragedy is the form in which we see o urselves and hopefully try to change. In both forms, we learn in an entertaining way something of the road to survival - in comedy we learn compromise, and in tragedy we learn what happens when there is no space for compromise.
Friday, August 2, 2019
Neo-Liberal Hyperglobalism
Globalisation is a major topic of debate of our era. Globalisation can be defined as the ââ¬Å"global growing interconnectedness between economy, technology, culture and political institutionsâ⬠(Lofgren & Sarangi, 2009, pg. 57). This essay will discuss how globalisation can be good for developing countries. By applying Neo-liberal Hyperglobalism, I will analyse and demonstrate the various beneficial effects of globalisation through the case of India and the reform measures they have recently taken towards globalisation.Globalisation can provide new opportunities for developing countries due to increased access to developed country markets and technology, resulting in improved productivity and higher living standards (Balakrishnan, 2004). Following a major economic crises, India liberalised itââ¬â¢s economy in the early nineties. Inflation had rocketed to an annual rate of 17%, high fiscal deficit had become unsustainable and foreign investors confidence in Indian Economy wa s low (Goyal, 2006, p. 167). It was these factors that put pressure on the Indian government to call for a complete revamp of their economic policies.Some of the major changes made, as part of the economic liberalisation and globalisation strategy, included governmentââ¬â¢s privatisation and disinvestment in a majority of the public sector undertakings, allowing foreign direct investment (FDI) across many industries, the removal of quantitative restrictions on imports and the reduction of customs tariff from over 300% to 30 % (Goyal, 2006, p. 167). The main purpose of Indiaââ¬â¢s economic reform is to ultimately ââ¬Å"integrate Indian economy with world economyâ⬠(Singh, 1995, p. 36).This liberalisation and globalisation of the economy can help solve Indiaââ¬â¢s major problems of unemployment and poverty. Indiaââ¬â¢s economic reform favours a more open and market orientated economy (Goyal, 2006, p. 166). Indiaââ¬â¢s new economic structure emulates the principals of neo-liberal Hyperglobalism. Neo-liberal Hyperglobalism ââ¬Å"celebrates the global dominance of market principals over state powerâ⬠(Lofgren & Sarangi, 2009, pg. 70). This means that decisions about allocation, production and distribution in the economy are left to the global economy rather than the government. Burke, Devetak & George, 2008, p. 299). States are increasingly the ââ¬Ëdecision- takers' and not the ââ¬Ëdecision-makers' (Goldblatt, Held, McGrew & Perraton, 1999). Three key terms that come out of neoliberalism are deregulation, liberalisation and privatisation all of which Indiaââ¬â¢s new economic policies draw on. Neo-liberal Hyperglobalism favours globalism as beneficial process for a developing country. The benefits that Neo-liberal Hyperglobalism can provide are evident in India. Indiaââ¬â¢s steps towards globalisation through new economic reforms have produced some significant benefits for the country.The privatisation of particular state-owned enterprises provides the government with an increased amount of cash which they can then spend on increasing their citizenââ¬â¢s quality of life through increased food supplies and the development of hospitals, schools, infrastructure etc in poverty stricken regions. The domestic economy has been freed up from state control, virtually abolishing state monopoly in all sectors (Panagariya, 2001). This has lead to greater competition in industries; resulting in lower prices, a greater supply of goods which benefits the citizens (Goyal, 2006, p. 68). Another step towards globalisation that has proven beneficial for India is the decision to allow foreign direct investment in the Indian industry. The huge amounts of foreign investment that now enter India have significantly boosted the countryââ¬â¢s economy. Many foreign companies have set up industries in India, mainly in pharmaceutical, BPO, petroleum, manufacturing and chemical sectors, which have created greater employment oppo rtunities for Indian people, decreasing unemployment and poverty (Dwivedi, 2009).A further benefit of globalisation due to foreign investment in India is the advanced technology that the foreign companies bring with them (Dwivedi, 2009). Advancements in medicine which improve the health of citizens is an example how becoming more technologically advanced can be beneficial for the country. The economic reforms that reduce custom tariffs and remove restrictions on imports support the principals of neo-liberal Hyperglobalism. That is that measures should be taken that allow trade and finance to have unrestricted movement (Burke et. al. , 2010).Removing taxes and quotas can increase international trade which in turn increases economic competition. Competition was rife in the economy, after Indiaââ¬â¢s economic reform, as more imports were encouraged (Balakrishnan, 2004). Exports also significantly increased as countries became more willing to accept Indiaââ¬â¢s products due to the reductions in custom tariffs (Goyal, 2006, p. 170). This improved relationship between India and its trading partners can encourage low prices, reduce unemployment through the creation of more jobs and induce improved living standards.Improved relationships between developed and undeveloped economies can prove to be profitable and extremely valuable for developing countries especially when future policies have to be negotiated. Overall, the economic reforms initiated in India since 1991 has helped the Indian economy to grow at a faster rate and led to fiscal consolidation, control of inflation, and increased foreign investment and technology (Goyal, 2006). The reforms aimed to lliberalise and globalise the domestic economy have helped boost GDP growth rates, which increased from 5. 6% in 1990-91 to a peak level of 77. % in 1996-97 (Balakrishnan, 2004). The new economic policies have also proven to increase citizenââ¬â¢s living standards with increased employment opportunities an d a decrease in poverty from 36% in 1993-94 to 26. 1% in 1999-2000 (Fox, 2002). The new policies can be used to further support the countryââ¬â¢s citizens and develop the country. The Indian governmentââ¬â¢s strategy to globalise their economy has revealed that globalisation can be beneficial to a developing country by aiding the nation to a more favourable financial position. However, there are also negative effects of globalisation.A significant negative effect is the increase in inequality that can arise from globalisation. There have been arguments that state an increase in GDP can in fact increase income inequality. ââ¬Å"Wealth is still concentrated in the hands of a few individuals and a common man in a developing country is yet to see any major benefits of globalizationâ⬠(Lovekar, 2010). Also multi-national corporations (MNC) can worsen income inequality by generating jobs and producing goods that primarily benefit the richest portion of the population (Positive and Negative Effects of Multinational Corporations, 2010).This means that the richer are getting richer and the poorer are getting poorer. Many employees are working in awful conditions where negligible health and safety regulations apply. This is an example of globalisation can develop an exploitative nature. Furthermore, ââ¬Å"the market economy seems to be more concentrated on the growth of consumerism to attract the high income groups who are mostly in the cities in the developing countriesâ⬠(Malik, 2010, p. 4). The globalisation strategy paid little attention to the rural economy and the agricultural sector, which is essentially the backbone of the Indian economy.The agriculture sector is a major provider of food and nutrition to the people as well as raw materials to industries and to export trade (Malik, 2010). A further impact the globalisation strategy has had on agriculture sector is the decrease of agricultureââ¬â¢s share in GDP, which has resulted in a decreas e of the per capita income of the farmers and an increase of rural indebtedness (Malik, 2010). Indiaââ¬â¢s era of reforms exhibit many themes that are parallel those of Neo-liberal Hyperglobalism.Since 1991, India has experienced the strong inroad of neoliberalism (Lofgren & Sarangi, 2009). The new economic reforms indicate a strong movement towards deregulation, privitisation and liberalisation of the Indian economy. These three factors are all examples of neoliberalism (Burke et. al. , 2010). A neo-liberal hyperglobalist state would believe that rather than the government trying to regulate and control the market through strict policies, the government should make policies to accommodate and open up the market.Indiaââ¬â¢s new policies indicate the governmentââ¬â¢s willingness to adopt this thinking and it is through this thinking that has marked Indiaââ¬â¢s steps towards the ââ¬Å"real integration of the Indian economy into the global economyâ⬠(Malik, 2010, p. 1 ). In other words India is taking steps towards globalisation. India is an example of how the globalisation of a developing country can be positive and beneficial. Although there are some unfavourable effects such as income inequality, the overall benefits a developing country can receive from globalisation outweigh the negatives.India has proved how applying neo-liberal hyperglobalist principals to the domestic economy of a country can prove to be advantageous. With a greater focus on further developing a globalised economy, developing countries can aim to increase the working and living standards for the countryââ¬â¢s citizens and subsequently become a healthy and wealthier state. A more liberal and global market can achieve improved living standards and wealth through the promotion of competition, efficiency, productivity, technological-upgradation and growth (Singh, 1995).Hence I believe, like a hyperglobalist, that globalisation is good for a developing country. References B alakrishnan, C. (2004). Impact of Globalisation on Developing Countries and India. Retrieved October 10, 2010, from http://economics. about. com/od/globalizationtrade/l/aaglobalization. htm Burke, A. , Devetak, R. , & George, J. (2008). An Introduction to International Relations: Australian Perspective. New York: Cambridge University Press. Dwivedi, M. (2009). South Asia Security. India: Kalpaz Publications. Fox, J. W. (2002).Poverty in India Since 1974: A Country Case Study. Retrieved October 10, 2010, from http://www. ekh. lu. se/ekhcgu/teaching/401d4/poverty%20in%20india. pdf Goldblatt, D. , Held, D. , McGrew, A. , Perraton, J. (1999). Global Transformations: What is globalisation? Retrieved October 11, 2010, from http://www. polity. co. uk/global/whatisglobalization. asp Goyal, K. A. (2006). Impact of Globalization on Developing Countries (With Special Reference To India). International Research Journal of Finance and Economics, (5), 1450-2887.Retrieved October 10, 2010, from ht tp://www. eurojournals. com/IRJFE%206%20goyal. pdf Lofgren, H. , & Sarangi, P. (2009). The Politics and Culture of Globalisation: India and Australia. Social Science Press. Lovekar, V. (2010). Advantages and Disadvantages of Globalization. Retrieved October 11, 2010, from http://www. buzzle. com/articles/advantages-and-disadvantages-of-globalization. html Malik, T. (2010). Impact of globalization on Indian economy- An overview. Retrieved October 10, 2010, from http://www. ibre2fashion. com/industry-article/8/738/impact-of-globalization7. asp Panagariya, A. (2001). Indiaââ¬â¢s Economic Reforms: What Has Been Accomplished? What Remains to Be Done? ERD POLICY BRIEF SERIES Economics and Research Department,(2). Retrieved October 10, 2010, from http://www. adb. org/Documents/EDRC/Policy_Briefs/PB002. pdf Positive and Negative Effects of Multinational Corporations. (2010). Retrieved October 11, 2010, from http://www. socialscience. gardner-webb. edu/Faculty/craymond/Devdocs/DevMNCposn
Thursday, August 1, 2019
Actus Reas and Men Rea
Actus Reus and Mens Rea Actus reus and mens rea are two of the five elements of a crime that the prosecution may have to prove to get a conviction in a criminal case. Actus reus is the criminal act. Mens rea is the intent to commit the crime. In general, the more serious a crime is, the more important it is for the prosecution to prove that both a criminal act was committed and that there was criminal intent. These more serious crimes are also known as conduct crimes. Not surprisingly, conduct crimes involve the proof of criminal conduct. Criminal conduct is often confused with criminal acts.The distinction is that criminal conduct involves both actus reus and mens rea, whereas a criminal act only involves actus reus. In the most severe of crimes, such as criminal homicide, three more elements of crime must be proven: concurrence, attendant circumstances and a bad result. Actus reus and mens rea are important because both elements are necessary to get a conviction beyond a reasonable doubt in a criminal case (Samaha, 2008, chap. 3). In order to qualify as actus reus, the act must be deemed a bodily movement that was voluntary.The reason for this is that the law is intended to punish people who meant to commit the act or can be blamed for the act. Only then are they responsible for the criminal acts they commit. Criminal law does not intend to punish people who are not responsible for the acts they committed. The problem is that most criminal codes provide vague descriptions of what a voluntary act is. Many times, the definition needs to be inferred by looking at the list of exceptions (involuntary acts) to voluntary acts. An appeal in case of Brown v.State centered around whether the jury should be given specific instructions by the judge on how to ascertain whether an act was voluntary. The defendant in that case, Alfred Brown, was bumped with a moholding was that the defendant was entitled to have the jury consider the voluntariness of his acts (Samaha, 2008, chap. 3). In order to have Mens Rea, one of two kinds of fault need to be established: subjective or objective fault. Subjective fault is more easily identifiable. Subject fault is having a bad mind, or doing something that you knew to be wrong.Objective fault does not involve a purposeful or conscious bad mind. Objective fault involves establishing that the act should have been known to be wrong by the average person. In the appeal of the case of State v. Stark, the defendant, Calvin Stark, challenged a second degree assault conviction on the grounds that he did not intend to inflict bodily harm by having unprotected sex after he was knowingly HIV positive. Mr. Starksââ¬â¢ appeal was on the grounds that subjective fault could not be established for the crime he was alleged to have committed.Mr. Starks lost the appeal in large part because objective fault was undeniably present in this case since the average person knows that HIV can be passed to another person by having unprote cted sex (Samaha, 2008, chap. 4). Good Samaritan Rule and American Bystander Rule The Good Samaritan Rule and the American Bystander Rule both address the requirements of what a person has to do if they are witnessing and incident where a situation requires assistance. There are really no other similarities between these rules.The Good Samaritan Rule is only used in a few jurisdictions. This rule makes a person legally responsible to either help or call for help when a person is in need. In contrast, the American Bystander Rule states that there is no legal duty to help someone in need, even if it the bystander is risking nothing by helping someone or calling for help. Even in cases where it is clearly morally wrong to stand by and watch someone suffer, the bystander is not violating any criminal law by doing nothing (Samaha, 2008, p. 91). In the case of Commonwealth v.Pestinakas, the defendants, Helen and Walter Pestinakas were convicted of third degree murder in Pennsylvania for n eglecting to care for an elderly man who was terminally ill. In the appeal to this case, the judgments of sentence (five to ten years in prison for each defendant) were upheld because the court ruled that there was a legally binding oral contract in place for the Pestinakases to provide care for the victim, Joseph Kly. The Good Samaritan Rule does not apply in Pennsylvania and the American Bystander Rule does apply.The dissenting opinion was interesting in that it was pointed out that the legislature may not have intended for a contractual duty to be a duty imposed by law. If indeed that were not the intent of the legislature, then the Pestinakases may very well have won their appeal based on the American Bystander Rule. Although neglecting an elderly man while serving as his caretaker is probably morally wrong in the eyes of most, the American Bystander Rule would have protected the Pestinakases from legal prosecution (Samaha, 2008, p. 92-93). In the case of State v.Kuntz, the defe ndant, Bonnie Kuntz stabbed her boyfriend, Warren Becker, and then did not call for help, so he bled to death. In addition to being convicted of negligent homicide, the defendant was also charged with a separate crime for failure to summon for medical aid. Ms. Kuntz appealed the latter conviction with the American Bystander Rule as her basis. There are some exceptions to the American Bystander Rule that do make a bystander criminally liable for a failure to act. In the opinion of the court, this case met one of those exceptions, since Ms.Kuntz had a duty to summon for help because she created the peril. In other words, if you mortally wound someone, you are criminally liable if you donââ¬â¢t summon for aid, notwithstanding the American Bystander Rule (http://www. soc. umn. edu). The Good Samaritan Rule is also not always so ââ¬Å"cut and dryâ⬠. Although the rule requires that you help someone in need or summon for help, but a recent ruling, Van Horn v. Watson, held that a s tate statute only protects people who attempt to provide medical care to someone who needs it.In Van Horn v. Watson, court held that the co-defendant, Lisa Torti was held liable for rendering the defendant, Alexandra Van Horn, paraplegic after pulling Van Horn from a vehicle that Torti thought was going to explode (Miller, 2009). Although this was not a criminal case, this shows that the Good Samaritan Rule does not provide protection against every scenario of helping a victim in need, just as the American Bystander Rule does not the bystander from needing to help or summon for help for a person in need.Although the rules seem to be opposites, each has exceptions that make them more similar. Constructive and Actual Possession Constructive possession is when someone has control of a banned substance, but it is not on his/her person. In other words, it may be in or on something he/she owns, such as a vehicle, a place they live, such as their house, or another area he/she controls, suc h as his/her office. Actual possession is when someone has physical control of the banned substance. In other words in might be in their shoe.Constructive and active possession both need to meet the two aspects of possession. In order to constitute possession as a criminal act, there needs to be both control of the items and awareness of the control. The main difference between constructive and active possession is that with active possession, the substance is found on the person, whereas with constructive possession, the substance is found in an area in which the person is responsible (Samaha, 2008, p. 97). The case of Miller v.State provides a good discussion in the courtââ¬â¢s opinion on constructive possession. In that case, a passenger in a car was convicted of possession of marijuana and cocaine. The defendant, James Luther Miller, appealed the case on the grounds that he did not knowingly possess the drugs. Other passengers in the car were smoking marijuana and they had cr ack cocaine stashed in the car. In the appeal, the court affirmed the marijuana possession conviction and reversed and dismissed the cocaine possession conviction.According to the court opinion, in order to constitute constructive possession in a case involving multiple occupants in an automobile, there are several things that need to be considered. These factors include whether the drugs were in plain view of the accused, whether they were found on the accused, whether they were in close proximity to the accused, whether the accused is the owner of the car and whether the accused acted suspiciously.In this case, many of these factors were probably true in the case of the marijuana, but none of them were definitively true in the case of the cocaine. In the case of the cocaine, the court found that Mr. Miller did not have knowing possession of the cocaine and instead had mere possession. Only Montana and Washington do not require knowing possession to charge someone with criminal pos session. Since this case was in Arkansas, the appeal was successful for Mr.Miller on the cocaine possession charge (Samaha, 2008, pp. 97-98). References Did she have a legal duty to report or intervene? Retrieved from http://www. soc. umn. edu/~samaha/cases/state_v_kuntz_omission. htm. Miller, C. (2009, January 14). Calif. lawmakers rush to rescue good samaritans in wake of court ruling. The Recorder. Retrieved from http://www. law. com/jsp/article. jsp? id=1202427434865&slreturn=1&hbxlogin=1. Samaha, J. (2008). Criminal Law. (9th ed. , chap. 3-4). Belmont, CA: Thomson Learning, Inc.
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