Mid Term - American History Essay Example | Topics and Well Written Essays - 750 words

Mid Term - American History - Essay Example Discovery of gold in California and Nevada drew thousands of miners to join the Gold Rush and the mining equipment was moved from one location to the other. It was one of the greatest adventures in human history that contributed to the development of California. The Gold Rush largely improved America in terms of trade, shipping and communications such as railroad lines built to the Pacific Coast ( Lewis, 2010). Additionally, the event changed the culture of America particularly the faster settling of the west that sealed the doom of the Indians west of the Mississippi. The diversity of young intelligent men from around the world brought in different ways of gold mining. I chose the 1849 Gold Rush because of its association with the development of both California and America. The Gold Rush has brought in new ideas and cultural change that has greatly influenced America. Having toured California and the gold mining site, I felt that 1849 Gold Rush was alive and worth talking about. Com promise of 1850 The compromise included a series of bills passed to address slavery issues where the slavery matters were to be decided by popular sovereignty in admitting the new states. Moreover, the bills prohibited slave trade in Columbia settled a Texas boundary dispute as well as establishing a strict fugitive slave trade. By 1950, many slavery disagreement issues tainted the relationship between the Northerners and the Southerners. There were tensions whether the newly acquired western land after the Mexican War would allow slavery. The Congress further passed Fugitive Slave Law that decreased the number of slaves escaping to the North annually but the North was unhappy with the law (Stegmaier, 2012). Compromise of 1850 was very significant in the American history since it contributed to the Civil War. The Southern and Northern politics were heightened during this place and the compromise seemed to undermine a divided nation on the slavery issue. Slavery was a serious issue i n America and addressing it was very sensitive in congress. The Compromise of 1850 showed how concerned some legislators were in addressing the plight of the slaves. It further showed how southerners strongly defended the issue of slavery. It attempted to settle the slavery question though it allowed the slaves to work for the South although it prohibited slave trade in Washington DC (Stegmaier, 2012). The Compromise of 1850 played a significant role in heightening the tension between the Southerners and the Northerners that finally contributed to the Civil War particularly the introduction of the Fugitive Slave Act. The north was not impressed and they had to stop the act and they felt that the slaves should be returned to their rightful owners who escaped from the Underground Railroad. The south wanted to have the slaves back but they had to prove that they were the rightful owners because lack of evidence would lead to freeing of the slaves. This agreement was either temporal bec ause the South later wanted to separate from the North. Crisis continued to pile due to the increased level of dissatisfaction that prompted anger that turned to rage and rage to violence. Southerners were always alert to protect their peculiar institutions even after the Kansas-Nebraska Act (1854) and the struggles that followed over the bleeding Kansas where the group began to shoot. However, Compromise of 1850

Doctor Patient Communication Essay Example for Free

Doctor Patient Communication Essay This is the adopted mode of communication with the patient aiming at firstly, getting enough history or information towards diagnosing the patient presenting complaint and equally ensuring that the patient’s right to privacy, good health, and permission as the need arises, is not compromised during the process. â€Å"When communication and rapport is poor, patients are at risk of distressed and doubt doctor’s competence† (Allen, 2000). Research reports that patients often wrongly base clinical skills on communication effectiveness. Patient with this bias mind eventually shows poor cooperation with treatments. This is more reason why it is an ethical issue. The present state of the patient’s psychological state is important. A depressed patient would prefer less talk than a patient who is worried to get fast cure and some times talk out of points if unguided by an experience doctor. Due to diverse understanding from multicultural views, it is necessary to understand the biological ethnicity of each patient through a ‘biodata’ aspect of the history. From the biodata, the religious denomination is noted. The occupation, family and social histories also reveal the mental state. Doctor’s adoption of line of thought would be of help. For example, a friendly way of approach gives the patients sense of worth and avoids any feelings of inferiority complex that may hinder patient’s opening up in detail. The doctor also needs not unnecessarily friendly, this could denote carefree attitude at times. 80% of the treatment receives is dependent of how elaborate is the history taken by the doctor. An understanding of introversion and extroversion communication type equally helps. It is necessary to carry the patient along, after the knowledge about the patient’s present state, preempt the patients’ worry and briefly explain why the next question is necessary.

Crisis on the Korean Peninsula :: North Korea Economy Economics Essays

Crisis on the Korean Peninsula North Korea has been the most publicized nation in the last ten years regarding nuclear proliferation. They are often debated in the highest political circles and are considered by many in the United States the US’s greatest threat. However, many politicians and critics are divided on how to deal with North Korea, and the nuclear threat it poses to the rest of the world. In my research I stumbled upon a fascinating book entitled Crisis on the Korean Peninsula that deals precisely with this issue. The book written by, opinion leaders and foreign policy scholars Michael O’Hanlon and Mike Mochizuki, introduces an ambitious strategy that attempts to answer the nuclear problems as well as the problems within the state itself. In the book their strategy is very clear cut and attacks three core issues where they see room for improvement. Foremost, they address the nuclear weapons issue that so clouds North Korea’s present and future global status as well as northe ast Asia’s security. Additionally they argue for the reduction of conventional military forces and reconstruction of the nation’s shattered economy. Lastly, they argue for calming security assurances to North Korea’s embattled leaders, who show signs they might welcome such pledges. The three core issues covered by Mochizuki and O’Hanlon will serve as the basis of my research but will be backed by other sources that talk about the same important issues from different view points allowing a wide ranging view point. Altogether in my research of North Korea I hope to learn from the ideas of O’Hanlon, Mochizuki and others sources and have the ability to expound on the ideas of these men and women with my own. In order to cover the three main points I divided O’Hanlon’s and Mochizuki’s book into three similar sections: 1. Current situation in North Korea and world regarding nuclear weapons, 2. Confrontation capabilities, and 3. Bargaining possibilities. These sections serve as a road map ultimately conveying both the situation of nuclear proliferation in North Korea in their strongest arguments to the reader. Furthermore, as the authors follow these guidelines so will I with my research of their information. I will include in these sections ideas from other papers and authors as well as a section in which I provide some of my own analysis.

Nature & Function of Academic English

There has been an ongoing discourse about different approaches that translates to the best way of teaching the English language and what appropriately constitute to the language itself. Genre knowledge has been the source of much discourse in the academe because of how it affects the disciplinary and professional cultures of teaching Academic English (Berkenkotter & Huckin 24).The academic discourse further covers the features of the language in terms of linguistic, grammatical and vocabulary features. The discussion of such features and how it is affected under the different approaches is evaluated to provide for the grounds for the approach that must be seriously considered in for the academe use. Research about written discourse and text that hold such a prominence in the academy are analyzed according to formal discourse genres, their characteristics as well as the common linguistic features it possess (Hinkel 2).Above the question of the importance of the genre approach, there i s also a question as to how explicit the teaching instruction must be. Contradicting sides would argue about the necessity of the teaching such approach (Freedman & Medway 193). Others would argue if it is even possible (Freedman & Medway 193). Others would wonder if it would benefit the students or would it prove to be more dangerous (Freedman & Medway 193). There is also a discourse about the right timing by which such an approach should and could be applied to a class depending upon the students’ age and capabilities in writing (Freedman & Medway 193).Genre & Academic Discourse  Literary genres were discussed as early as in Aristotle’s The Poetics and developed in the Rhetoric that shows how he defined genres as a simple way of classifying text types, this is what was generally accepted over time (Clarke 242). According to traditional views, genre was limited to being primarily literary, defined by textual regularities in terms of form and content, classified into simplified categories and subcategories (Clarke 242). Under this definition, genre was not seen as relevant in terms of the discussion of composition and pedagogy (Clarke 242).Most of the linguists advocate that there should be a concentration for mastery of the different genres in the English language and that the teachers should focus on giving specific instruction that teaches the characteristic of each genre (Mercer & Swann 222). The students need a model by which they could follow in keeping with a genre structure (Mercer & Swann 222). They see grammar to play an important role in the process of learning the genres because it enables the students to â€Å"manipulate the text† contradictory to the process approach that sees the trouble in explicit manner of teaching grammar due to its unnecessity and danger to the students’ learning (Mercer & Swann 222).The common misconception would refer to genre and text type to merely be the same aspect of a text but in realit y they actually differ in terms of texts with particular genres having different linguistic characteristics and other literary features (Johns 73). However, different genres can be similar linguistically. Genre can be described as text characterized by external criteria, for instance written or spoken text, different audience, different context or purpose (Johns 73-74). On the other hand, text types can be represented by rhetorical modes such as â€Å"exposition† or â€Å"argument† as different text types (Johns 74). They are seen to be similar in terms of internal discourse patterns despite having different genres (Johns 74). The two concepts then refer to complementary perspectives on texts however they still remain different (Johns 74).Teaching and Writing GenresIn a classroom environment, text types that are written and spoken are related to the different demands by which the school requires and depending upon the subject areas of focus. There are different writing tasks that involve genres that go way beyond the literary realm (Schleppegrell 77). Factual and analytical genres exist under the evolution of the academic English language. The usual technique would be for students to read massive amount of authentic texts to give awareness to the difference of the ranges of genres and determine the registers they encounter for their own chose subject matters (Hoadley-Maidment & Mercer 303). Students are then made of aware of the differences between academic and non-academic genres. Through the process of being exposed to the different genres, the students are familiarized with the different lexical, grammatical and organizational features of the texts that exist that train them along the way (Hoadley-Maidment & Mercer 303).Genre KnowledgeThe academic discourse on genre gives two perspectives in terms of structurational and sociocognitive that deals with the activity language undergoes from diverse fields like â€Å"sociolinguistics, cognitive ps ychology, educational anthropology and conversation analysis (Berkenkotter & Huckin 24).†Ã‚   This is the new concept that is emerging on top of the rich body of research regarding the genre’s structure from the structurational theory (Berkenkotter & Huckin 24). There is the constant need for the academe to monitor and recognize the changing pattern that language undergoes and thus the changes in the genres as well (Berkenkotter & Huckin 24).Full participation any general disciplinary and professional culture requires knowledge of the written genre and they are referred to as the â€Å"intellectual scaffolds on which community-based knowledge is constructed† thus placing a priority to monitor the pattern changes (Berkenkotter & Huckin 24). At the same time, they are worth examining because the genre of academic discourse also produce criteria like a â€Å"community’s norm, epistemology, ideology, and social ontology (Berkenkotter & Huckin 25)†Lingui stic Features of Academic DiscourseAccording to Martlew and Sorsby (1995) â€Å"Written language like spoken language achieves communicative ad conceptual goals by using a complex system of arbitrary symbols and conventional rules†¦ In literate societies, a developed writing system is pervasive in children’s environment and it is likely that each individual child constructs, or re-invents, their own approach to writing from whatever salient experience the environment offers which they can utilize at different levels of development (Mercer & Swann 287).†There are certain linguistic expectations from students who enter into an academic arena and such a language practice can be reflected in most social groups more than others (Schleppegrell 43). Some students can encounter difficulty because of a lack of familiarity to such linguistic standard as there are differences between the registers in an academic scenario and that of an informal interaction (Schleppegrell 43) . Despite the fact that the classrooms can provide for an avenue for the students to develop such a standard and be trained by spoken and written language activities, the teachers need to remember how the forms of language can take its place in the academic context (Schleppegrell 44).For example, academic texts are by nature â€Å"informationally dense and authoritatively presented (Schleppegrell 44).† In order to get the extract the position and information from certain texts, the teachers and students must be able to unpack the meaning and recognize the position and ideologies of the text (Schleppegrell 44). Linguistic choices and the awareness of it enable a wider participation in the contexts of learning (Schleppegrell 44).   Having a clear perspective of the grammatical features that are seen as tools in deciphering school texts then provides as the foundation for a more efficient research of language development in terms of functionality as well as learning new regist ers (Schleppegrell 44-45).Most research focus on grammatical and lexical features of the student’s language production that produces a language analysis from a systematic functional linguistics (Schleppegrell 45). Deviating from a structural approach to grammar, a functional approach do not just focus on their syntactic category (nouns, verbs, adjectives) or their elements in the sentence (subject, predicate), it focus on identifying the revealing the context of schooling in the language that are used in the text, focusing on the register as the so-called â€Å"manifestation of context (Schleppegrell 45).Studies show how different features are values when comparing writing in writing classes and writing in other academic courses (Hinkel 5). The important consideration if providing the students with linguistic and writing skills that would equip them to handle new information and expand their knowledge (Hinkel 5). Some practitioners say that exposure to a variety of reading a nd experience with writing does not constitute to having a heightened awareness in discourse, vocabulary, grammar and linguistic features of academic writing or having better writing skills (Hinkel 5). They defended explicit instruction in advanced academic writing and text is what can provide the utmost equipment (Hinkel 5).General Nature and Functions of Academic EnglishFurthermore, Martlew and Sorsby (1995) said, â€Å"Writing however is a visible language, graphic symbolic system whose roots we suggest lie in pictographic representation before links are established with spoken language. In this respect, development reflects evolution in that all writing systems which represent sounds of language evolved from pictorial representations rather than from spoken language.† Academic English offers such changing concepts (Hyland 2). The one who coined the definition for English used in academic purposes was Tim Johns (Hyland 2). It was during this time that English became an eco nomic imperative and it has been the leading language for disseminating academic knowledge (Hyland 2).Each discourse community has developed its own mode of discourse. This constitutes to the growth of Academic English. By nature it would expand and evolve to fit and address the different fields of study in need to communicate, basically that points to every discipline (Hoadley-Maidment & Mercer). New objects, processes, relationships and others need new terms to be added in the lexicon. There is a need to reinterpret words that already exists to become other words that are defined by their specific fields, like a set is different in conversational English and Mathematical English (Hoadley-Maidment & Mercer 285).New words are also created as part of an existing word stock, like clockwise or feedback (Hoadley-Maidment & Mercer 285). There is also a need to borrow from another language. A term called â€Å"calquing† mean having to create new words to imitate a word that already exists from another language like omnipotens mean almighty in Latin (Hoadley-Maidment & Mercer 286). There is also a need to invent totally new words like the time when the word â€Å"gas† was created to be party of the field of chemistry (Hoadley-Maidment & Mercer 286).There is also creating â€Å"locutions† or sense of phrases and compound words as well as non-native word stocks (Hoadley-Maidment & Mercer 286). The nature of English is known to be shaped by certain social and cultural functions under the language of academic communities of discourse (Hoadley-Maidment & Mercer 290-291). The researchers suggest for having more than one valid and culturally based ideology regarding Academic English for it to be open to other cultures and factors (Hoadley-Maidment & Mercer 291).ConclusionDue to culture, styles of writing differ but this does not make one inferior over the other (Hoadley-Maidment & Mercer 290). Further research about Academic English should have a greate r level of sensitivity for other cultures or for cultural diversity (Hoadley-Maidment & Mercer 290).   It is also necessary to have a proper balance between over-prespecification of the curriculum and planning and the right amount in terms of explicit teaching of genre and other features according the students’ knowledge, abilities and background (Wiley & Hartung- Cole 205). The academe must not loose sight of social-cultural context of the relevance of Academic English in exchange for a more uniform approach or for the search for a common standard for academic discourse (Wiley & Hartung- Cole 205).Works CitedClark, Irene, et al. Concepts in Composition: Theory and Practice in the Teaching of Writing. Mahwah, NJ: Lawrence Erlbaum Associates, 2003.Berkenkotter, Carol, and Thomas N. Huckin. Genre Knowledge in Disciplinary Communication: Cognition, Culture, Power. Hillsdale, NJ: Lawrence Erlbaum Associates, 1995.Hinkel, Eli. Second Language Writers' Text: Linguistic and Rhetor ical Features. Mahwah, NJ: Lawrence Erlbaum Associates, 2002.Hoadley-Maidment, E. and Mercer, N. English in the Academic World. Open University course U210 The English Language: Past, Present and Future, 1996.Hyland, Ken. English for Academic Purposes: An Advanced Resource Book. New York: Routledge.Johns, Ann M., ed. Genre in the Classroom: Multiple Perspectives. Mahwah, NJ: Lawrence Erlbaum Associates, 2002.Freedman, Aviva, and Peter Medway, eds. Genre and the New Rhetoric. London: Taylor & Francis, 1994.Mercer, N. and Swann, J. Learning English: Development and Diversity. Open University course U210 The English Language: Past, Present and Future, 1996.Schleppegrell, Mary J. The Language of Schooling: A Functional Linguistics Perspective. Mahwah, NJ: Lawrence Erlbaum Associates, 2004.Wiley, Terrence & Hartung- Cole, Elizabeth. â€Å"Model Standards for English Language Development: National Trends and a Local Response.† Education. 119. 2. (1998): Page Number: 205.

Ojt Report

History of PC Gilmore Fast-becoming one of today's leading computer distributors and systems integrators, PC Gilmore Computer Center, or PC Gilmore Corporation, boasts of the widest reliable brands of computer products and services of the highest quality at very low prices. In short, we are a virtual discount computer outlet store. Formed in 2001 under the original name West Avenue Computer Center, PC Gilmore started out as a computer-retailing business with a vision to deliver utmost customer satisfaction at competitive prices without compromising quality.As such, this immediately impacted on its clientele base and soon thereafter, the Company expanded operations by offering systems integration solutions and internet telephony as well. It eventually branched out to Metro Manila suburbs to meet its ever-rising customer demand. Despite the rapid pace in the information technology industry, PC Gilmore has managed to keep abreast of the competition. To date, the Company has five (5) sal es offices and service centers manned by dedicated and well-trained personnel to serve individuals, professionals, business offices, government entities, commercial establishments, schools and among others.These are located at: †¢PLATINUM †¢VMALL †¢CUBAO †¢WEST AVE †¢SM NORTH †¢CALOOCAN †¢HARRISON †¢MOA And because of the Company's â€Å"overachievement† since its formation only in 2001, PC Gilmore is very optimistic that it would soon be able to expand further its branch network operations within and outside Metro Manila and possibly in selected areas of Luzon. This is in line with our utmost commitment to reach out to our far-flung customers old and new.

How the Gershwins create mood in their songs essays

How the Gershwin's create mood in their songs essays The four Gershwin songs I have studied are Someone to Watch Over Me, Lets Call the Whole Thing Off, Fascinating Rhythm and Foggy Day. In each song the Gershwins have managed to create mood easily through various compositional Techniques. Fascinating Rhythm was written in 1924 for Fred and Adele Astaire. The mood of the song is upbeat, but frustrated. The melody is highly syncopated which along with breathless lyrics makes the song sound agitated and it adds to the effect that this rhythm is causing them disturbance. In the verse of the song it is explaining the situation which is the first thing that sets the mood. The use of a three note droning motif in the main melody creates a rather lost feel to the song, the rhythm is taking over them and they are becoming powerless towards it. The blues notes creates a major/minor ambivalence which adds to the confusion of the singers about the rhythm. The blues notes also emphasises the word rhythm, which emphasises its importance and annoyance in the song. The use of a hard p in pit-a-pats reinforces the constant beat, which in turn reinforces the rhythm and how it is constant and wont let leave them alone. The refrain in FR has 4 sections to it, which are all 8 bars long. The consistency of the bars links to the consistency of the rhythm. The lyrics in the refrain describing the rhythm, are quite different to those in the verse, which are little rhythm whereas in the refrain it is seen as a fascinating rhythm. This changes the mood of the song, it isnt so much of a nuisance anymore, it is actually quite intriguing. Major tonality is established in the refrain for the first time which makes the song sound more together, it no longer is confused. The second A section is a 4th higher than the first, this makes the music sound agitated and breathless. The beginn...

contrast essay Popular Music Essays - Essay, Paragraph

Comparison/contrast essay Popular Music Essays - Essay, Paragraph The Poetics of Popular Music Proposal (5%) & Final Essay (25%) For your final comparison/contrast essay you have two choices: Rarely, if ever, does a songwriter only write one song about something; rather, over the course of their career, they return to the same themes or ideas over and over again. So, pick one lyricist(s) and analyze how they explore one theme/idea in multiple (at least 3) songs. Certain themes/ideas in lyrics are popular for many reasons; not the least of which is because they attract many songwriters to it. So, pick one theme/idea and explore how multiple (at least 3) lyricists address it. You can consider themes and lyricists either in or outside of the coursepack. How to approach this? The Proposal should not only clearly state which lyricist(s) and songs youre addressing but also contain some sort of sense how youre planning on doing so. There is no word count required but the more specific detail provided regarding what youll be considering and how youll be considering it (working thesis, some sense of how the body paragraphs will be constructed, etc.) the better. The Proposal is to be sent to me by MIO as a Word attachment by Thursday, November 27th at noon. No late proposals will be accepted. There will be no class on Friday, November 28th! Instead, on that day, every student will have to meet with me in my office (P150) for a brief (around 5-10 minutes) discussion to go over your proposal, what needs to be done, improved, clarified, etc. in order to enable you to go forward. I will be in my office from 8:30 to around 12:30 and people will be seen on a first come, first seen basis. Only when both of these steps have been done (MIO received and meeting held) will you be given your mark (on 5%). Failure to do both will result in a 0%. No final essay will be accepted without both of these steps being taken. The final essay itself should be at least 1000 words (remember though: theres nothing magical about hitting a word count saying something is everything), double-spaced in a clear 12 point font. It must include the lyrics of the songs youll be considering (not part of your word count) and be handed in on the possible due dates (information below) no MIOd versions will be accepted. Again, only the lyrics, in terms of form and content, should be considered. Biography, musical style, how the song is sung, etc., as always, are meaningless and should not be considered as adding anything whatsoever to analysis. You may use secondary sources if you wish but any words or ideas not your own must be properly cited in standard MLA format. Failure to do so is plagiarism and will result in a mark of 0 for this assignment and likely failure of the course. Your essay will be marked by the following criteria: Content (13%): fully develops argument/thesis; detailed and analytical; free of summary/obviousness; well-chosen quotes clearly and fully support analysis Organization/Formatting (6%): clearly organized paragraphs; clear topic and concluding sentences in each body paragraph; transitional words utilized; quotes fully and completely incorporated; MLA style (line #s cited after quotes, etc.); proper standard essay formatting used throughout (double-spaced, indented at beginnings of paragraphs, spacing, etc.) Expression (6%): Consistently clear word use; verb tense consistently in the present (the lyricist shows, the speaker feels); spelling; punctuation, sentence structure; mechanics (no use of I outside of conclusion or needlessly informal language); grammar Final Essay Due Dates: Tuesday, Dec 9th In Class (no marks lost for lateness) Wednesday, Dec 10th P150 (- 5%, or 1.25 out of 25) Thursday, Dec 11th P150 (-10%, or 2.5 out of 25) Friday, Dec 12th P150 (-15%, or 3.75 out of 25) No essays will be accepted after Friday, Dec 12th at noon. Questions? MIO me anytime or come by P150 during office hours.

Alkoxide Definition in Chemistry

Alkoxide Definition in Chemistry An alkoxide is an organic functional group formed when a hydrogen atom is removed from an hydroxyl group of an alcohol when reacted with a metal. It is the conjugate base of an alcohol. Alkoxides have the formula RO- where R is the organic substituent from the alcohol. Alkoxides are strong bases and good ligands (when R is relatively small). Generally, alkoxides are unstable in protic solvents, but they do occur as reaction intermediates. Transition metal alkoxides are used as catalysts and to prepare coatings. Key Takeaways: Alkoxide An alkoxide is the conjugate base of an acid.In a chemical reaction, an alkoxide is written as RO-, where R is the organic group.An alkoxide is a type of strong base. Example Sodium reacting with methanol (CH3OH) reacts to form the alkoxide sodium methoxide (CH3NaO). Preparation There are several reactions with alcohol that produce alkoxides. They may be made by reacting an alcohol with a reducing metal (e.g., any of the alkali metals), by reaction with an electrophilic chloride (e.g., titanium tetrachloride), using electrochemistry, or via a metathesis reaction between a sodium alkoxide and a metal chloride. Alkoxide Key Takeaways An alkoxide is the conjugate base of an acid.In a chemical reaction, an alkoxide is written as RO-, where R is the organic group.An alkoxide is a type of strong base. Sources Boyd, Robert Neilson; Morrison, Robert Thornton (1992). Organic Chemistry (6th ed.). Englewood Cliffs, N.J.: Prentice Hall. pp. 241–242. ISBN 9780136436690.Bradley, Don C.; Mehrotra, Ram C.; Rothwell, Ian P.; Singh, A. (2001). Alkoxo and Aryloxo Derivatives of Metals. San Diego: Academic Press. ISBN 978-0-08-048832-5.Turova, Nataliya Y.; Turevskaya, Evgeniya P.; Kessler, Vadim G.; Yanovskaya, Maria I. (2002). The Chemistry of Metal Alkoxides. Dordrecht: Kluwer Academic Publishers. ISBN 9780792375210.Williamson, Alexander (1850). Theory of Ætherification. Phil. Mag. 37 (251): 350–356. doi:10.1080/14786445008646627

The Modern Temper by Lynn Dumenil Essay Example | Topics and Well Written Essays - 750 words

The Modern Temper by Lynn Dumenil - Essay Example This research will begin with the statement that in exploring the cultural and socio-political content of the period which has been widely referred to as the ‘roaring twenties’, Lynn Dumenil brings her analytical insights on how the American culture and society in the 1920s was formed upon revolutionary grounds. The present research has identified that by ‘modern temper’, she attributes the prevailing characteristic or temper of the era to the state of transforming the repressive Victorian age. The author has rightly presented that the phrase ‘modern temper’ tends to pertain to the 1920s settings and pervasive styles which comprised in the type of modernity developing between the end of World War I and the severe regression of stock market. This paper illustrates that this stage of history is claimed by the author to have established â€Å"the central motifs that have shaped the modern American temper.† While she acknowledges how importan t the role is of World War I being a tool or process of making the ‘roaring twenties’ happen, Dumenil does not believe in the common knowledge which infers that World War I is hugely responsible for such an outcome on which various aspects of change in American society, politics, economy, and culture are embedded. To her, it seems that the main source points to the major events of the industrial revolution as well as the consequences of a rapidly industrialized culture within a capitalist society. This is to say that World War I serves only to polish the results in the overall image of progressive economy or the idea of prosperity which caused population to shift from rural regions to urban locations believed to possess centers of commerce and adequate employment to support good living standards. Among a number of trends which are quite vivid in her investigation of the 1920s, the expanding bureaucratic form of government is prominent yet somewhat notorious for yielding to excessive power which had stirred general distrust across the nation. By noting how a U.S. representative kept an argument about daylight-savings time in a wartime program, Dumenil demonstrates how federal laws are exercised even in handling petty matters of politics, sarcastically reacting â€Å"we might soon have laws passed attempting to regulate the volume of air a man should breathe, suspend the laws of gravity, or change the colors of the rainbow.† Alongside the increasing state of bureaucracy emerged urban liberalism and pluralism in America’s heterogeneous society. Coupled with a mass-consumer culture, this led to unequal distribution of wealth so that social movements which influenced different religious, ethnic, and cultural groups were put up in protest of living under impoverished conditions. Violent labor disputes were similarly fanned by relative advocates of socialist and communist ideals at the height of brief yet sharp recession of the American economy, resulting to high prices and scarce jobs. As a further consequence, bomb threats forwarded to the state alarmed majority of the Americans who readily got anxious that something equivalent to Russia’s Bolshevik Revolution is bound to erupt in the country. The government and businesses at the time appeared to create a joint action in suppressing both immigrant activists and labor radicals who initiated such event which was registered in history as the ‘Red Scare’. For the first time in the 1920s, according to Dumenil, lobbyists turned out to be politically persuasive while certain commercial establishments as movie studios had been able to profit out of schemes that enabled selling of commodities through national chains which generated the popular culture of mass market. Women of the ‘roaring twenties’ managed to penetrate the workplace and encountered prosperity for themselves. Most probably this is the reason why most of them were observed to demand greater autonomy in identifying their needs in terms of economic, social, political, and even sexual aspects of life. Dumenil points out, however, that â€Å"the new women’s liberation [was the domain of] white, relatively affluent women,

Innovation policy Essay Example | Topics and Well Written Essays - 2500 words

Innovation policy - Essay Example 3). "In addition to the industrial policies that governments pursue in line with their political philosophies and models of economic growth, some governments develop public policies with varying degrees of explicitness, intended to encourage innovation" (Dodgson and Bessant 1996, p.23). To illustrate the role of government in the process of innovation, Shonfield (1981) postulated as his point of entry that public policy-makers need not, or more strongly should not, be concerned with economic innovation, and the to ask what conditions have to be fulfilled by market processes to secure an optimum outcome. This was his first step in his argument: even if it could be shown that the market process was deficient, it would not follow that intervention by public authorities would produce a better answer. Shonfield goes on saying that if markets were to go on their own without intervention from the government as to how they would manage the scientific environment, markets should be able to provide innovators the necessary environment for them to carry their work. This would include the necessary perks to encourage people to innovate. As discussed by Shonfield (1981, p.4), another problem is the measurement: calculating social preference. Social preference here means which projects the society wants to prioritize and those types of innovations that the society wants to set aside for the moment This is partly because market signals are necessarily limited to expressing the preferences of contemporaries. Shonfield's third requirement is that markets must be able to regulate the effects of economic innovation on public goods. On the other hand, Branscomb and Florida (1999) cited the importance of the government's role in support of science and technology on regulating the two kinds of so-called "spillovers." "Knowledge spillovers (italics mine) derive from the public good nature of knowledge, combined with the difficulty of keeping economically useful knowledge secret when it is profitably exploited. Such spillovers can be derived from reverse engineering, when some aspects of a competitor's technology may be discovered by examining how the product is made. Even negative information, the abandonment of a line of work by a respected competitor, for example, can be a useful spillover of his decision" (Branscomb and Florida 1999, p. 30). Branscomb and Florida's second type of spillover is the consumer surplus spillover, which results from the creation of new goods or the improvement of existing ones. "The innovator captures only part of the consumer value in the sales price; there may be a social surplus that exceeds the innovator's profit. Research tends to generate more knowledge spillovers, which is a reason for government support, but research, by itself, cannot generate more knowledge spillovers. Private firms have inadequate incentives (to varying degrees, depending on market structure and other considerations) to take new ideas to market. Furthermore, the transfer of potential useful ideas from the government or university

Why was it so hard for the ancient jews to be pure monotheists Essay

Why was it so hard for the ancient jews to be pure monotheists - Essay Example Abraham is the ancestor of Jews, Christians and Muslims; it is therefore these three religions are called as Abrahamic religions. All the three Abrahamic religions strongly believe(d) in the oneness of God. Actually, it is the basic teachings of the above mentioned religions to adopt monotheism i.e. worship one and the only God. Monotheism simply means belief in the unity of Almighty God, the Creator, the Sustainer, the Fashioner, the Omnipotent, the Lord of the Empyrean. The source of spiritual guidance and inspiration i.e. the divine scriptures reached to man through the prophets of God. And these Holy Scriptures including Torah, Bible and Quran clearly reveal that the Jews were instructed to worship only one God according to the sacred Covenant. â€Å"The essence of the Hebrew religion (i.e. Judaism)†, Alan (1993) states, â€Å"was that the Lord had made a covenant with the chosen people, the children of Israel.† And the first term of the covenant was worshipping of the one God (Yahweh). The Torah declares one God as the Creator of the world. In its words: â€Å"In the beginning Elohim created the heavens and the earth†. (Genesis: 1:1). The Quran affirms the covenant between the Lord and the Israelites stating the significance of monotheism in these words: â€Å"O Children of Israel! Remember My favor wherewith I favored you, and fulfill your (part of the) covenant, I shall fulfill My (part of the) covenant, and fear Me (only ).† (Al-Quran, 2: 40). Here, fear strongly signifies submission and worshipping. Further, Quran states regarding monotheism among early Judaism in these words: â€Å"And (remember) when We made a covenant with the Children of Israel, (saying): Worship none save Allah (only), and be good to parents and to kindred and to orphans and the needy, and speak kindly to mankind; and establish worship and pay the poor-due. Then, after that, ye slid back, save a few of you, being averse.† (2: 83). It

Trade Liberalisation Schemes Dissertation Example | Topics and Well Written Essays - 6500 words

Trade Liberalisation Schemes - Dissertation Example Previous decades have been marked with an increase in the establishment of free trade areas, trade agreements and attempts to reach international treaties towards trade liberalization. Yet, trade was liberalized by fewer countries than had been expected, and more importantly, trade liberalization policies have been implemented partially or tentatively. All three main constituents of national income: factor prices, factor quantities and production technology, are influenced by the trade liberalization process. An open international trade regime may contribute through better allocation of world resources, through expansion of consumption opportunities and through a rise in production efficiency. In the view of the World Bank, trade liberalization is a major factor of economic growth, provided that additional conditions, such as macroeconomic stability and good governance are met. The current body of research that examines the relationship between trade liberalization and economic growth points to rather different conclusions, suggesting that little can be deemed as clear regarding the precise effects of trade liberalization on economic growth and poverty alleviation. Our research aims to determine how far trade liberalization schemes have been successful at promoting economic growth and what the implications have been for the relationship between developed and developing countries.... Yet, trade was liberalized by fewer countries than had been expected, and more importantly, trade liberalization policies have been implemented partially or tentatively. (Nugent, 2002) All three main constituents of national income: factor prices, factor quantities and production technology, are influenced by the trade liberalization process. (Parikh, 2007) An open international trade regime may contribute through better allocation of world resources, through expansion of consumption opportunities and through a rise in production efficiency. (Hoekman & Olarreaga, 2007) In the view of the World Bank, trade liberalization is a major factor of economic growth, provided that additional conditions, such as macroeconomic stability and good governance are met. (Spanu, 2003) The current body of research that examines the relationship between trade liberalization and economic growth points to rather different conclusions, suggesting that little can be deemed as clear regarding the precise eff ects of trade liberalization on economic growth and poverty alleviation. Our research aims to determine how far trade liberalization schemes have been successful at promoting economic growth and what the implications have been for the relationship between developed and developing countries. To answer the research question we must examine the role of organizations such as WTO, in particular the reasons for the breakdown of Doha round negotiations. Then we examine the concerns posed between the developed and developing countries, giving special care to the question of protectionist measures and trade barriers. We assess the way in which liberalization influenced intellectual property rights and the availability of pharmaceutical

Social determinants of health Essay Example | Topics and Well Written Essays - 1500 words

Social determinants of health - Essay Example The reason for such a step was to annul the mounting disparities that were arising in the health status of people all over the world. The Commission observed that these disparities were primarily due to the differences in the living conditions of the people as well as the resources they had access to. According to the Commission, inequity is recognized as unfair or unjust disparities that exist in health status that can be averted and so can be solved (Who Regional Office for the Eastern Medi, 2008). The WHO defines social determinants of health as the social conditions in which people live and can have an impact on their health. The factors that influence the possibility of people living a healthy life include poverty, food insecurity, social exclusion, education, poor housing and poor employment (Farrell, McAvoy, Wilde, & Agency, 2008). Structural determinants trace their origin to the socioeconomic and political conditions at both the national and international scale. Such determinants are connected to elements that are governed by sheer power and authority with respect to the ownership and distribution of resources as well as the status and reputation associated with it. These relationships are required to promote health and prosperity in the area. The economic conditions of the country as well as the political, historical and environmental conditions are some of the determinants of health. These determinants are mirrored in the social determinants, which are defined as the living conditions of the people which may influence their lives (Who Regional Office for the Eastern Medi, 2008). Health inequities arise as a result of the marginalization, paucity and bigotry that a certain class of people is subject to. The situation does not exist in developing countries solely. In relatively advanced countries such as Australia, where people have access to, and a greater

Trade Liberalisation Schemes Dissertation Example | Topics and Well Written Essays - 6500 words

Trade Liberalisation Schemes - Dissertation Example Previous decades have been marked with an increase in the establishment of free trade areas, trade agreements and attempts to reach international treaties towards trade liberalization. Yet, trade was liberalized by fewer countries than had been expected, and more importantly, trade liberalization policies have been implemented partially or tentatively. All three main constituents of national income: factor prices, factor quantities and production technology, are influenced by the trade liberalization process. An open international trade regime may contribute through better allocation of world resources, through expansion of consumption opportunities and through a rise in production efficiency. In the view of the World Bank, trade liberalization is a major factor of economic growth, provided that additional conditions, such as macroeconomic stability and good governance are met. The current body of research that examines the relationship between trade liberalization and economic growth points to rather different conclusions, suggesting that little can be deemed as clear regarding the precise effects of trade liberalization on economic growth and poverty alleviation. Our research aims to determine how far trade liberalization schemes have been successful at promoting economic growth and what the implications have been for the relationship between developed and developing countries.... Yet, trade was liberalized by fewer countries than had been expected, and more importantly, trade liberalization policies have been implemented partially or tentatively. (Nugent, 2002) All three main constituents of national income: factor prices, factor quantities and production technology, are influenced by the trade liberalization process. (Parikh, 2007) An open international trade regime may contribute through better allocation of world resources, through expansion of consumption opportunities and through a rise in production efficiency. (Hoekman & Olarreaga, 2007) In the view of the World Bank, trade liberalization is a major factor of economic growth, provided that additional conditions, such as macroeconomic stability and good governance are met. (Spanu, 2003) The current body of research that examines the relationship between trade liberalization and economic growth points to rather different conclusions, suggesting that little can be deemed as clear regarding the precise eff ects of trade liberalization on economic growth and poverty alleviation. Our research aims to determine how far trade liberalization schemes have been successful at promoting economic growth and what the implications have been for the relationship between developed and developing countries. To answer the research question we must examine the role of organizations such as WTO, in particular the reasons for the breakdown of Doha round negotiations. Then we examine the concerns posed between the developed and developing countries, giving special care to the question of protectionist measures and trade barriers. We assess the way in which liberalization influenced intellectual property rights and the availability of pharmaceutical

System Implementation At Red and Hot Chinese Restaurant Assignment

System Implementation At Red and Hot Chinese Restaurant - Assignment Example HACCP is in line with the ISO 9000 standards in terms of ensuring safe restaurant kitchen operations. It is based on the seven principles recommended by the US National Advisory Committee on Microbiological Criteria for Foods (NACMCF). It is defined as a system of controls and documentation designed to minimize the potential for food-borne illness due to pathogens or the physical or chemical combination. (Baraban and Durocher, p. 134) It addresses all biological, chemical and physical hazards and how to identify and control/prevent them. Food safety has become an important public policy issue because of concerns about food-borne illnesses and how consumers have increasingly sought ways to lead healthful lifestyles. (Engle and Quagrainie 2006, p. 151) As a result, authorities are increasingly requiring for food establishments and food handlers to have control on sanitation procedures. Some countries are even formulating laws that are related to food safety and the HACCP system. The entire HACCP processes look and appear very technical and complicated, but the truth is that it is an extremely systematic way of ensuring that food is produced in a kitchen is safe. Based on initial research, the HACCP system is a recognized as a worldwide standard in food safety, adopted by various food and hospitality establishments such as hotels, restaurant, ships, and so forth. While there is no formal HACCP system in place at Red and Hot Chinese Restaurant, this does not mean that there is no food safety strategy in place. I found this out, among other important facts about the restaurant, after I conducted a series of interviews with the Kitchen manager, several cooks, stewards and food servers. I have asked a set of questions which determined the staff’s knowledge and actual experience with the HACCP model and how it works.  

Formative Assessment Essay Example for Free

Formative Assessment Essay The Rape of the Lock, written by Pope in response to a feud between two friends about the theft of a lock of hair, is revolutionary in its evolution of the comic satire genre into the field of epic poetry. Pope, an avid student of the Greek epics (he produced his own translations of some that provided much of his income during his life), takes the basic skeleton of an epic: its structure, critical content and even linguistic points; and crafts around the skeleton a poem of wit and comedy that is at its core epic, but also uses this very epic backbone to undermine its tales own importance and to satirise the content that has been moulded around the form. This creation from Pope marks the offshoot of the epic genre, transforming it into mock epic, an independent genre that bears many of the traits of its forebearer in a new light. The transformations to the epic that Pope undertakes in the Rape of the Lock to satiric effect can be broadly split into transformations of heroic content and transformations of heroic language. The former can be clearly observed here: Pope takes a staple of epic writing, heroic weaponry, and twists its use to his satirical needs. The weapon itself is given, through the use of a similar description, equal place with great weapons like Agamemnons sceptre, whose lineage was used to reinforce Agamemnons dominance and power in the Iliad, being forged by Hephaestus and owned by the Gods from Zeus to Kronos. Belindas weapons lineage is far less great. Instead of a scepter, the weapon of kings and priests in Homers writing, Belinda wields a bodkin, a hair needle. Even that difference itself is satirical: Agamemnons kingship is of great import to the Iliad so the parallel with a bodkin, which links to the hair in question much like the scepter links with kingship, makes a clear statement on the relative importance of the quarrel in the Rape of the Lock. The lineage too satirises the pointlessness of dispute: no claim of divinity (and thus righteousness) is made on the part of Belindas weapon; in fact its lineage mainly consists of feminine objects with the only male mentioned in its lineage also being the only one to explicitly be mentioned dying. Perhaps Pope, often accused of being somewhat sexist, is using this contrast and development to imply that the whole issue is a womans trifle and nothing next to the male quarrels of Achilles and Agamemnon. On top of this, the weapon is not the fixed centre of the lineage as in the Iliad, in which the weapon started as a divine weapon and stayed that way. Instead the object is mutable: it starts as signet rings, develops into a buckle and then becomes a bodkin. Pope changes up the epic formula of the mighty weapon into something changeable and thus insignificant, paralleling with the argument he is satirising, the implication being that it is insignificant and will easily be forgotten. The weapon also shows another perversion of the epic poem that Pope uses. Protection, be it through armour or weaponry, tends to have a high place in the Greek epics. Heroes often wear famed suits of armour or use shields/weapons to survive insurmountable odds (for example the reflective shield in Perseus tale in Ovids Metamorphoses that slays Medusa). This element of protection, divine or otherwise, is a theme that Pope subverts consistently. From the slyph Ariel who is half dissolvd even by light to the Cosmetic powers of her dress and make-up, nothing effectively protects Belinda. The bodkin is no different, it fails to protect her locks from being cut in the initial case, and here, although she uses it to attack the Baron, it fails to return its charge, her hair, to her. Pope is modernising traditional epics, using these typical protections to mock high societies fixation on appearance. All of her outward facing beauty and quaint bodkins cannot protect her from the advances of a single man, so what, Pope asks, is the use of all this artifice? Pope also mutates generic language elements from epic literature for his satirical intentions. In this passage, the clearest example is in his use of the ten syllable rhyming heroic couplet. Pope takes the rhyme of the couplet and uses it to link together two separate words or ideas, often to a comical effect. Here, in the lines, Nor feared the chief the unequal fight to try, Who sought no more than on his foe to die. Pope has the first line of the couplet set up the Barons bravery by expounding his fearlessness in fighting against Belinda in unequal combat (ironic in itself due to Belindas natural weakness compared to his manly strength referred to in the next couplet) before defeating the heroic xpectancy with a sexual pun; the phrase to die holding at the time a dual meaning referring to sexual climax, and often premature climax at that. His heroism is built up and destroyed within a couplet with the contrast of noble bravery and base desire providing a humorous and satirical twist on the typical heroism of the heroic couplet by suggesting that the drive behind the Barons actions is, at its deepest level, sexual, rather than noble or courtly.

Globalizations effect on the Indian Economy

Globalizations effect on the Indian Economy Globalization has been a historical process with ebbs and flows. Growth of globalization was mainly led by the technological forces in the fields of transport and communication. There were fewer barriers to flow of trade and people across the geographical boundaries. Indeed there were no passports and visa requirements and very few non-tariff barriers and restrictions on fund flows. India too is no exception to globalization. The Indian Economy witnessed major changes in the 90s.The main aim was the rapid growth of Indian economy to make it globally competitive. The Indian economy was in major crisis in 1991 when foreign currency reserves went down to $1 billion inflation was as high as 17%. Due to globalization, in Indian economy it affect not only to agricultural production but also employment opportunities in the rural parts, inequality between urban rural areas. Globalisation is conceived as a powerful transformative force responsible for a massive shake-out of nations, economies, international institutions the whole world order. Thus, we can say that the higher the level of international corporations/transactions, the higher will be economic growth, income level living standards the globalization process would bring. Globalisation has brought many jobs large sums of investment to India. Indias economy has been growing at exceptional rates for the past several years many new opportunities have opened up for India. Yet, India does remain quite poor. Most of those who profit from globalization in India are the upper classes, with many in the lower classes being displaced suffering from miserable labor conditions. Globalization has created a large economic boom fo r India with largely positive effects. At the present, we can also say about the tale of two Indians. We have the best of times; we have the worst of times. Globalization of financial markets has far outpaced the integration of product markets. There is sparkling prosperity, there is stinking poverty. We have dazzling five star hotels side by side with darkened ill-starred hovels. We have everything by globalization, we have noting by globalization. There are numerous advantages in the shift to a global economy including the possibility to increase benefits from economies of scale. The breaking down of global barriers allows companies to benefit from the largest cheapest workforces, raw material, technology. Due to globalization, in many areas of the country tomato growers, potato growers fruit growers, farmers benefited from tie-up collaborations with ketchup, potato chips, fruit juices etc. Fishermen in Kerala have increased their incomes using mobile phones to find out the best markets where the prices are highest on each day. Lock outs strikes have declined to insignificantly low levels because industrial labor is happy. Due to Globalization the business market in the world has no boundaries; they can market their products in any part of the world. This has involved the chances of laying hands on global market technologies, which would definitely increase our qualities of living standards. Globalization helps Indian En trepreneur to know more about the competitors, recent trends, Quality of products. Helps in sourcing new technology for improving their Brand Quality. Hiring competent person irrespective of the nationality. Good exposure of Indian brands to overseas market. Due to increase in healthy competition with other brands, Indian brands will be forced to improve their quality and services to the customer. It aims at increasing the production of food and improvements of the economic and social condition of farmers. It would increase efficiency of the workers. Use of seeds and heavy machines has help to increase agricultural productivity. It would improve animal husbandries would be able to import good breed of animals from the other countries. Farmers will get the privilege of the international market through export agricultural products. The various beneficial effects of globalization in Indian Industry are that it brought in huge amounts of foreign investments into the industry especially in the BPO, pharmaceutical, petroleum, and manufacturing industries. As huge amounts of foreign direct investments were coming to the Indian Industry, they boosted the Indian economy quite significantly. The benefits of the effects of globalization in the Indian Industry are that many foreign companies set up industries in India, especially in the pharmaceutical, BPO, petroleum, manufacturing, and chemical sectors and this helped to provide employment to many people in the country. This helped reduce the level of unemployment and poverty in the country. Also the benefit of the Effects of Globalization on Indian Industry are that the foreign companies brought in highly advanced technology with them and this helped to make the Indian Industry more technologically advanced. Since 1991, India has witnessed an explosion of new media. Be tween 1990 and 1999, access to television grew from 10% of the urban population to 75% of the urban population. Cable television and foreign movies became widely available for the first time. 1) Indian Agriculture: Indian farmers are offered no subsidiaries compared to the US Farmers. There has been no encouragement from the government to ensure foreign companies to set up technologies for the farmers assistance. The US Farmers has opened the market for textile China has already set up factories started production where in India hasnt woken up. On the other side of the medal, there is along list of the worst of the time, the foremost casualty being the agriculture sector. Agriculture has been still remains the backbone of the Indian economy. It plays a vital role not only in providing food nutrition to the people, but also in the supply of raw materials to industries to export trade. The financial capital of India the political of India are set to become the topmost slum cities of the world. 2) Gross Domestic Product (GDP) Growth rate: The Indian economy is passing through a difficult phase caused by several unfavorable domestic external developments, Domestic O/P DD conditions were adversely affected by poor performance in agriculture in the post two years. The rate of growth of GDP of India has been on the increase from 5.6% to 7% in the 1993-2001 periods. The sectors attracting highest FDI inflows are electrical equipments including Computer software electronics (18 %), service sector (13%), telecommunication (10%), transportation industry (9%) etc. 3) Export Import: Indias export import is increasing many Indian companies have started becoming respectable players in international scenes. There are two alternative causes available. To sell its product in the export market. To produce those type of commodities that the rich in India could consume i.e. luxury consumption goods. 4) Technologies: IT is given special status. The reason for this is because the Indian government wants to promote it-s nation a as a technological advanced nation and in order to do this they must stimulate the IT sector. The special status- means the sector and investors (willing to invest in the sector) will receive many benefits and incentives from the government to do so. 5) Poverty: The government of India has shown decline in people living in absolute poverty by manipulating statistics. The decline happened when large number of industrial units has been closed down, number of days of work available to workers has declined, downsizing of manpower had taken place in most of the industrial undertakings and non-availability of jobs to the new entrant in employment market is witnessed. Besides, there is an all round decline of prices of agricultural products, forcing farmers to suicide. In sectors like plantation and tea, workers are virtually starving. It is just not possible that people living in absolute poverty can decline in the country under these circumstances. 6) Education: The growth of higher education and the impact of the global economies have influenced the Indian education system over the last few years.

Mythic Heros: Sinbad The Sailor :: essays research papers

Mythic Heros: Sinbad the Sailor   Ã‚  Ã‚  Ã‚  Ã‚  When I think about mythic heroes, for many years the first name that came to mind was Sinbad: Sinbad the sailor. In his days as an adventurer, he went on seven fantastic voyages which earned him fame for the rest of his life. Yet, now in retrospect, I no longer consider him to be the great adventurer that I saw him as in my childhood.   Ã‚  Ã‚  Ã‚  Ã‚  On his seven voyages, Sinbad encountered every obstacle one could possibly think of. He and his crew met up with: a fish so large, many mistook it for an island, an island where rocs (enormous birds (their eggs were often mistaken for buildings)) still lived, cannibals, giants, and even herds of angry elephants. On each and everyone one of his famed voyages, he was shipwrecked, alone, and faced with some hideous danger. On each and everyone, he overcame the odds, destroyed his foes, and returned home with riches beyond the imagination.   Ã‚  Ã‚  Ã‚  Ã‚  As a child, the stories of Sinbad's voyages were wildly entertaining. In each one, there was adventure, danger, money, and the hero always came home in one piece. Now that I look back at the stories, there are some parts of Sinbad's fantastic tales that bother me.   Ã‚  Ã‚  Ã‚  Ã‚  First of all, Sinbad never set out in search of adventure. These amazing things just seemed to always happen to him. He normally set out as a merchant, carrying goods from one exotic land to another. Yet, on each of these trips, something incredible happened to him and his crew, resulting in a dead crew and a fantastic story for Sinbad the sailor.   Ã‚  Ã‚  Ã‚  Ã‚  Secondly, all of Sinbad's great adventures occurred sequentially. In other words, he went immediately from one adventure to another without so much as a nap in between. This man never had a quiet boat ride in the entire span of time in which his adventures took place.   Ã‚  Ã‚  Ã‚  Ã‚  Another interesting point is the manner in which Sinbad always left and returned to his home port in Baghdad. All seven times, he left with a full crew and carrying the goods of a local merchant. Yet all seven times he returned, he was alone, the crew having died in the early part of the respective adventure. All seven times, he returned without the goods that he was to take to market, but he often returned with new riches from the island where he was stranded (and of course, kept them for himself). This leads me to believe that maybe his crew

Distributive Justice and Its Relevance Under Indian Constitution

PAPER ON THE TOPIC THE PHILOSOPHY OF DISTRUBUTIVE JUSTICE AND ITS RELEVANCE UNDER INDIAN CONSTITUTION The jurisprudence of distributive justice, according to juristic cynics, is an essay in illusion. The basic social system is built on gross inequalities and the power to lobby and mould State policy, even judicial policy, is heavily in the hands of the proprietariat. Being social realists and meliorists we have to work with the materials that we have and try to read the constitutional provisions in such a manner that the human essence of distributive justice is won by dynamic interpretation and socialist understanding.The Indian Constitution visualizes an affirmative State action for bringing about a new social order based on justice, social, economic and political (Art. 38). The Directive Principles of State Policy contain the directions of change towards such a new social order. The researcher has examined various theories of justice and has examine how the John Rawl’s theory of justice which means that justice is fairness is the most apt for the Indian situation. Even in th e Constitution we find different strategies of justice. Keywords: Justice, Distributive Justice, Constitution.INTRODUCTIONEver since the birth of society, justice has been one of the most important quests of human endeavor. Justice means giving one what is due to him. As a principle of law, justice delimits and harmonises the conflicting desires, claims and interests in the social life of the people. In the modern society if we take the view that all its problem of distribution then the recourse is left open to distributive justice and nothing else. Distributive justice embraces the whole economic dimension of social justice, the entire question of distribution of goods and services within the society.It demands equality in the distribution or allotment of advantages or burdens. The aim of distributive justice is to strike a balance in the socio-economic structure of the society and bring equipoise between the conflicting interests of individual citizens. It is submitted that the pr oblem of distributive justice in one sense is more a matter of procedural fairness to individuals than of substantive rightness or wrongness of the rules themselves. More specifically, it would seem that even bad rules can be applied justly and good rules in an unjust way, but it does not mean that it is not the concern of the substantive law.Much will depend upon the structure of the society. To establish distributive justice we must create a public system of rules by reference to which the conflicting claims which inevitably arise can be authoritatively determined. Distributive justice essentially is the function of a just society. The problems of Indian society are so complex, perplex and varied that a single formula for distributive justice cannot be found. The Constitution of India talks of justice in the Preamble as well as in Article 38 of the Constitution which is a directive principle of state policy.The Constitution talks not of justice but of social, economic and politica l justice. It does not merely envisage a system of corrective justice in which rights and obligations arising out of the present social structure are enforced. It clearly saw that the existing structure was unjust and needed to be changed. This is what we call distributive justice.PHILOSOPHY OF JUSTICE AND DISTRIBUTIVE JUSTICEEver since men have begun to reflect upon their relations with each other and upon the vicissitudes of human lot, they have been preoccupied with the meaning of justice.Justice shares with natural law an institutional immortality which presents a constant paradox: it is so ancient that everything has been said about it, and so modern that it constitutes a continuous and inescapable problem in the ever-changing context of a contemporary society. Justice, as Aristotle said, â€Å"is the bond of men in society. † and â€Å"States without justice† are as St. Augustine said, â€Å"robber-bands. † Fiat justitia ruat coelum let heavens fall, justi ce had to be done became the abstraction of many religious, political, moral and legal philosophers of all ages.The power of justice is so great that it strengthens and excites a person fighting for just cause. All wars have been fought by all parties in the name of justice, and same is true of the political conflict between social classes. On the other hand, the very fact of this almost ubiquitous applicability of the principle of justice prompts the suspicion that something may be wrong with an idea that can be invoked for any cause. Social groupings of today are dynamic, not static, and they do not find the ideal equipoise in a condition of mere imperturbability.Justice is considered to be the primary goal of a welfare state whose very existence in turn rests on the parameters of justice. The greatest contrast, however, between ancient and modern thinking about the social harmony of justice is in the changed conception of individual personality in relation of law. I. The problem of Justice The importance of the subject of justice and the frequency of its use would naturally lead one to believe that there is an accepted definition of justice or, if not, at least a workable definition of justice is capable of being carved out.But defining justice is not as easy as it appears to be. There are difficulties inherent in the concept of justice and it is because of this reason that it is wholly indeterminate and belies all attempts to define it. Hens Kelsen perturbedly remarked: No other question has been discussed so passionately; no other question has caused so much precious blood and so many bitter tears to be shed; no other question has been the object of so much intensive thinking by the most illustrious thinkers from Plato to Kant; and yet, this question is today as unanswered as it ever was.It seems that it is one of those questions to which the resigned wisdom applies that man cannot find a definitive answer, but can only try to improve the question. What i s ‘just’ is again a question which largely remains unanswered and mostly hinges on the hunch of the bench as it nowhere informs us how to recognise or distinguish a just man from the other. The term justice has two aspects, namely, abstract justice and concrete justice. In the abstract sense ‘justice’ means a course of conduct both legel and moral, which tends to augment human ‘welfare’.Those human actions which do not intersect mankind have no significance either for ethics or for jurisprudence. The answer to the question as to what actions affect human welfare varies from age to age or generation t generation depending on divergent conceptions of human welfare prevailing in a given society during a given period of time. It is through the abstract notion of justice that its true significance in its practical application can be ascertained and appreciated. In the concrete sense, justice plays a positive role in regulating the procedural safegua rds afforded to litigants in the courts of law. II.Meaning of Justice and Distributive Justice Grotius and Leibniz believed in the concept of society as the co-operation of beings endowed with reason defined justice as custodia societatis Justum est quod societatum ratione utentium perfecit. This means justice puts an end to the conflict between the individual and the universal, the microcosm and the macrocosm, and brings about the synthesis between the whole and the parts. Justice thus seems to entail the conflict of competing claims and not infrequently the clash of powerful social interests with the right of individuals ensnared from time to time in the mechanism of raison d’ Etat.That is why justice is by its very essence a justitia communis, which reconciles in itself and transcends the commutative, distributive, and universal principles. To Plato, justice is a virtue of that psyche or soul which is the quint-essential personality of human creature. In the Republic the q uest is for justice as the complete expression of the soul’s excellences and, therefore, of the whole moral man. Plato tells us that the four supreme moral qualities both in state and the individual are wisdom, courage, temperance or moderation and justice; and the greatest of these, the indispensable, is justice.Aristotle said that justice implies a certain degree of equality; this equality might, however, be either arithmetical or geometrical, the first based on identity and the second on proportionality and equivalence. Arithmetical equality leads to commutative justice, geometrical equality to distributive justice. The second is the business of the legislator, while the first is the business of the judge. Political rights and goods should be apportioned according to distributive justice, punishments should be imposed and damages paid according to commutative justice.The theory of justice thus involves an examination of the body of rights and duties accepted in a society i n the light of the formal principles of equality, the aim being to rid it of arbitrary elements; that is discrimination not grounded on relevant differences. According to John Stuart Mill, a society which is governed by the legal philosophy of distributive justice is one which: Should treat all equally well who have deserved equally well of it, that is, who have deserved equally well absolutely.This is the highest abstract standard of social and distributive justice; towards which all institutions and the efforts of all virtuous citizens should be made in the utmost degree to converge. It is thus universally considered just that each person should obtain that (whether good or evil) which he deserves; and unjust that he should obtain a good, or be made to undergo an evil, which he does not deserve. This is perhaps the clearest and most emphatic form in which the idea of justice is conceived by the general mind. As it involves the idea of desert the question arises of what constitutes desert.The characteristic of distributive justice is the expansion of the spirit of collectivism, the promotion of the feeling of co-operation and the exercise by society of its collective powers in support of the legitimate claims of individual life. Its formula is â€Å"to every man according to his needs† rather than â€Å"to every man according to his deserts. † The distributive justice considers how it can secure too each individual a standard of living and such a share in the values of civilization as shall make possible a full existence of human life.In all these ways, the notion of justice according to law is gradually pervaded by the notion of justice and the distributive justice in the law. III. Concept of Distributive Justice Modern social and economic developments have made it clear that individual justice, justice between the wrongdoer and the victim is only a partial and incomplete form of justice and it is in the notion of distributive justice, i. e. , rendering to each man his due, the essence of justice lies.The development of the welfare state is generally thought of as an application of the notion of distributive justice. Moreover, the cry for equality of opportunity for the underprivileged and weaker sections of the society is being increasingly heard these days and this demonstrates the importance of the notion of distributive justice in modern consciousness. Distributive justice embraces â€Å"the whole economic dimension of social justice, the entire question of proper distribution of goods and services within the society†.It demands equality in the distribution or allotment of advantages or burdens. The advantages or burdens which are to be distributed are of numerous kinds such as wages, taxes, property, punishments, individual or social performances or rights and duties as allocated and apportioned by the legal system. Distributive justice aims to strike a balance in the socio- economic structure of the society t o bring equipoise between the conflicting desires, interests and claims of the individual citizens. Justice P. N.Bhagwati succinctly explains distributive justice as: And when I talk of justice, I mean not commutative justice but distributive justice, justice in depth, justice which penetrates and destroys inequalities of race, sex, and wealth, justice which is not confined to a fortunate few, but takes within its sweep the entire people of the country, justice which ensures equitable distribution of the social, material and political resources of the community. This is the kind of justice which we in India are trying to realize through the process of law and our substantive law is being geared to this task.Distributive justice includes the quality of being just and fair to all the individuals in the society or group. It seeks to give everyone what is due to him. What is due cannot be ascertained by absolute standards because the standards change with changes in the socio-economic c onditions of the society. It does not mean only a just distribution of the material goods of life, but also means and includes the reasonable requirements of human body, mind and spirit. It takes in both the means and the end, the process as well as the product.It seeks to meet out justice through just means, unjust means may satisfy some, but cause injustice to others. Distributive justice means justice to all and not to a few or a favored class. It does not introduce class conflicts, but seeks to improve and harmonise the society with a view to avoid the socio- economic imbalances. The readjustment of social claims may involve a transfer of resources from one section of the society to another, but the transfer is only an equitable reallocation of the resources and not a destruction of the structure itself.Distributive justice demands preferential treatment of the weaker sections of the society, but that is only to correct the imbalances existing in the society and not to cause unn ecessary harassment or injustice to the advanced sections thereof. Thus, it seeks to remove the imbalances in the social, economic and political life of the people. There cannot be distributive justice unless the society progresses in all the directions. In short distributive justice helps to bring about a just society.The right to distributive justice may be defined as the right of the weak, aged, destitute, poor, women, children, and other underprivileged and downtrodden segments of the society to the protection of the state against the ruthless competition of life. It seeks to give adventitious aids to the underprivileged, so that they may have an equal opportunity to compete boldly with the more advanced sections of the society. It is a bundle of rights; in one sense it is carved out of other rights; in another sense, it is a preserver of other rights.It is the balancing wheel between the haves and have- nots. Its aim is not to pull down the advanced sections of the society, but only to uplift the backwards and the underprivileged sections thereof without unduly and unreasonably effecting and undermining the interests of the former. It only prevents unjust enrichment at the expense of the underprivileged and ensures a balanced and harmonious development of the society. It is this approach and understanding of the concept of distributive justice which permeates the Indian Constitution and is adopted here for the purposes of this work.This takes us to the study of principles of distributive justice which serve as the criteria for evaluating the propriety or justice of distribution. IV. Theories of justice The theories which take in their sweep the above mentioned principles of distributive justice are: – Utilitarian, and – Contractarian. The former represents an established tradition of ethical thought, though subject to continuing refinements and restatements. The later owes much to John Rawls, who, in recent times has most illuminatingly used the idea of primordial social contract to arrive at the basic principles of justice.It is often reiterated that the theories of justice must take into consideration at least three important facets of distributive process: a) The ‘total amount of goods (or utility) to the distributed’; b) The ‘pattern of distribution arrived at’; and c) The distributional procedure described aptly as the ‘principle of selection by means of which the distribution is arrived at’. An attempt is made here to examine the different facets of these theories and to ascertain the extent to which they satisfy the demands of distributive justice.Utilitarian Theory of Justice Utilitarianism is essentially an aggressive theory. Its premise is the greatest good of the greatest number. Justice in its essence is distributive in character. The three principles of justice enumerated above demand that a person’s share of good should be proportional to some quality he posse sses. It is, therefore, unlikely that utilitarian theory will be able to accommodate principles whose form contrasts directly with that of the greatest happiness principle.It is submitted that why someone committed to aggregating good should care how that good is distributed among different people. The main weakness of the utilitarian theory from the perspectives of distributive justice is that it accords a paramount role to the quantity of good or welfare distribution. This has been pointed out by Brandit in the following words: â€Å"If quantity of welfare can be raised by a grossly unequal distribution- for instance, as in an efficient system of slavery- then we have to favour inequality.Equality, on utilitarian scheme, is a servant of quantity of welfare. † John Rawls takes this insight as his starting point in developing a contractual theory of justice which is intended to remedy the deficiencies of utilitarianism. It may thus seem that the utilitarian theory does not br ing home the expectations of society because our needs and desires differ qualitatively and are mutually incommensurable.Man harbours the most varied needs, for example the need for food, rest and sleep, occupation, sexual activity, culture and knowledge, artistic experience and recreation, love and respect, power and social esteem, etc. If all the needs of an individual cannot be satisfied, and if he is faced with a choice, for example, between listening to symphony and eating a good dinner, this choice cannot be described as a rational alternative between two measurable quantities of pleasure. Contractarian Theory of JusticeAccording to John Rawls: â€Å"Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override†. Rawls understands society as a co-operative venture for mutual advantage. In a co-operative society, there is a social union and a shared end, conceived not as a substantive goal, but as a plan of conduct which will assure that the endowments of each will be complementary to the good of all. The actual differences between individuals in terms of natural abilities, social advantages, wealth, etc. are viewed as a cause of social discord; the differences tempt men to pursue their own advantage, what all have in common is a moral personality and this must be the basis of justice. The utilitarian theory fails to accommodate this very conception of justice. To replace it, Rawls has offered the following principles of justice: All social primary goods- liberty and opportunity, income and wealth, and the bases of self- respect are to be distributed equally unless an unequal distribution of any, or all, of these goods is to the advantage of the least favoured.V. The Constitutional Scheme of Distributive Justice Indian Constitution opens with the preamble which states in unequivocal terms that the people of India have solemnly resolved to secure to all its citizens: Justice – social, ec onomic and political, equality of status and of opportunity and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation.The Objectives Resolution from which this phrase has been carved out states: This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution: a) Wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and b) Wherein adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes. Referring to socio- economic justice, Dr. S.Radhakrishnan said that it intended to effect a smooth and rapid transition from a state of serfdom to one of freedom. Then emphasizing the need for such a change, he said, â€Å"it is therefore necessary that we must remake the material conditions†. The phrases thus used by the Founding Fathers clearly indicate that socio-economic justice in its realization is distributive in character. It contemplates a change in social structure in order to effect a transition from serfdom to freedom and attempts to remake the material conditions of the society. Granville Austin has also observed: â€Å"The Constitution was to foster the achievement of many goals. Transcendent among them was that of social revolution. Through this revolution would be fulfilled the basic eeds of the common man, and, it was hoped, this revolution would bring about fundamental changes in the structure of the Indian society†. Thus, the scheme of distributive justice as visualized in the Objectives resolution was incorporated in the preamble, the fundamental rights and the directive princip les of state policy and other provisions of the Constitution. You can read also  Justice System Position PaperThe gist of the scheme may be stated thus: Constitution ordains the state to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice- social, economic and political shall inform all the institutions of national life. For the establishment of social order, the people of India have been given the following fundamental rights: a) Right to equality; ) Right to six freedoms- freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; to practice any profession or to carry on any occupation, trade or business; c) Right to life and personal liberty; d) Right against exploitation; e) Right to freedom of religion; f) Cultural and educational rights; g) Right to constitutional remedies. In addition to these, the directive principl es of state policy also express in categorical terms the ideals of distributive justice. Article 38 requires the state inter-alia, to minimize the inequalities in income and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations.Article 39 requires the state to make available to all the citizens adequate means of livelihood; to distribute ownership and control of material resources so as to sub serve the common good; to operate the economic system in such a way that it does not result in concentration of wealth and means of production to the common detriment; that there is equal pay for equal work; to protect the health and strength of workers men and women and the tender age of children against abuse and that citizens are not forced by economic necessity to enter avocations unsuited to their age and strength, that children are given oppo rtunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.The state is also required to provide equal justice through the mechanism of free legal aid in order to ensure that opportunities for securing justice are not denied to any citizens by reason of economic or other disabilities; to provide right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement and other cases of undeserved want; to make provision for securing just and humane conditions of work and for maternity relief, to provide work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities; to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in industry; to secure for all the citizen s a uniform civil code throughout the country, to provide free and compulsory education for children below the age of 14 years; to promote the educational and economic interests of the Scheduled castes and Scheduled Tribes and other weaker sections; to raise the level of nutrition and standard of living and to improve the public health. Thus, it can be said that the Constitution of India has twin objectives: First, to usher in a new social order ensuring distributive justice to all the citizens and; second, to protect the liberties of the people from the onslaughts of autocratic and arbitrary power. These two ideas run like a golden fabric through the entire scheme of the Constitution.Indeed, the substantive and the procedural provisions of the Constitution harmonizing the said two concepts give a new philosophy and sustenance to our socialist, democratic republic based on rule of law. But to our dismay, many of the legislative actions destined at distributive justice pursuance to t he implementation of the directive principles of state policy were struck down by the courts from time to time. The directives have been relegated to the position of inferiority. The bewildering judgments of the Supreme Court right from the days of Champakam Dorairajan,Quaresh, Kerela Education Bill, including the Golaknath, the Bank Nationalisation, the Privy Purse and the Minerva Mills have shattered all the hopes of the Government to implement the directive principles of state policy.These ecisions crippled the state machinery and paralysed the movement of the nation towards an equalitarian social order. These decisions represent a saga of judicial misunderstanding of the avowed ideals of the Constitution. This approach is inherently inconsistent with the spirit of the Constitution ignoring the realities of the Indian societal structure. The poverty of the Indian masses cannot be mitigated by eulogizing the fundamental liberties and mellowing down the positive efforts of state de stined at distributive justice. The Constitutional goals of distributive justice can be achieved only if the courts adopt a pragmatic and sociological approach without making such ado about the rights in interpreting socio-economic legislations.It is submitted that both fundamental rights and directive principles of state policy aim at establishing a just social order based on the philosophy of distributive justice ensuring dignity to the individual not only to the few privileged persons, but to the entire masses of the country including the have nots and the handicapped, the lowliest and the lost. Both these represent a broad spectrum of human rights. The concept of distributive justice as embodied in the Constitution is a living concept of revolutionary import. It gives sustenance to the rule of law and meaning and significance to the ideals of a welfare state. The freedoms guaranteed under the Constitution are not an end in itself, but the means to achieve distributive justice.Ou r Constitution is the unique document for the upliftment of the down-trodden and weaker sections of the society. The greatest need of the hour, therefore, in our society in social integration of the weaker and oppressed sections of the people with the rest of the society. This demonstrates that our Constitution does not leave the individual at the mercy of the law of nature representative of competitive modal of society. It assigns a prominent role to and imposes heavy responsibilities upon the state to assure a dignified life to each individual irrespective of what he deserves on meritarian consideration. Yet, in a way it incorporates the need-based principle of justice.It means securing to each and every human being the basic necessities of life like food, clothing, housing, medicine, education and the like etc. This is the voice of distributive justice and the very Dharma of the Indian Constitution. ——————————à ¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€œ [ 1 ]. Sudesh Kumar Sharma, Distributive justice under Indian Constitution, Deep & Deep Publications, New Delhi, 1989 [ 2 ]. http://www. spotlaw. in/text/910011996/9100119961206001. htm (accessed on 9 march 2013) [ 3 ]. http://www. spotlaw. in/text/910011996/9100119961206001. htm (accessed on 9 march 2013) [ 4 ]. Sudesh Kumar Sharma, Distributive justice under Indian Constitution, Deep & Deep Publications, New Delhi, 1989 [ 5 ]. VII Encyclopaedia of Social Sciences, 512 (1953) [ 6 ].Quoted by Justice George Vadakkel in his paper entitled â€Å"Law, lawyers and political development†, Vol. VIII (4), Journal of Bar Council of India, 629 at 635 (1981). [ 7 ]. Address by Justice P. N Bhagwati at the opening session of the Sixth Commonwealth Law Conference on 18th August, 1980 in The challenge of social justice, 20-21 (1985). [ 8 ]. John Rawls, A Theory of Justice (1976 Reprint) [ 9 ]. R. B. Brandit, Ethical Theory, 415 (1959) [ 10 ]. John R awls, â€Å"Distributive Jusitce† in P. Laslett and W. G. Runciman (ed. ), Philosophy, Politics and Society, 3rd ser. 50 (1967) [ 11 ]. I C A. D 59 [ 12 ]. II C A. D. 269 [ 13 ]. II C A. D. 273 [ 14 ].Granville Austin, The Indian Constitution: Cornerstone of a Nation, introduction (1979 Reprint) [ 15 ]. Art. 38(1) [ 16 ]. Art. 14 to 18 [ 17 ]. Art. 19(1)(a), (b), (c), (d), (e), (g). [ 18 ]. Art. 20 to 22 [ 19 ]. Art. 23 and 24 [ 20 ]. Art. 25 to 28 [ 21 ]. Art. 29 to 30 [ 22 ]. Art. 32 [ 23 ]. Art. 38(2) [ 24 ]. Art. 39(a), (b), (c), (d), (e) and (f). [ 25 ]. Art. 39-A [ 26 ]. Art. 42 [ 27 ]. Art. 43 [ 28 ]. Art. 43 A [ 29 ]. Art. 44 [ 30 ]. Art. 45 [ 31 ]. Art. 46 [ 32 ]. Art. 47 [ 33 ]. 1951 SCR 525 [ 34 ]. AIR 1958 SC 731 [ 35 ]. AIR 1958 SC 956 [ 36 ]. AIR 1967 SC 1643 [ 37 ]. AIR 1970 SC 607 [ 38 ]. (1971) 1 SCJ 295 [ 39 ]. (1980) 3 SCC 625

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Rachel's body went rigid. She wanted to step back from the railing, but she could not move. She was transfixed by the petrifying vista. â€Å"Incredible, aren't they?† Tolland said. His hand was on her shoulder again, comforting. â€Å"They'll tread water in the warm spots for weeks. These guys have the best noses in the sea-enhanced telencephalon olfactory lobes. They can smell blood up to a mile away.† Corky looked skeptical. â€Å"Enhanced telencephalon olfactory lobes?† â€Å"Don't believe me?† Tolland began rooting around in an aluminum cabinet adjacent to where they were standing. After a moment, he pulled out a small, dead fish. â€Å"Perfect.† He took a knife from the cooler and cut the limp fish in several places. It started to drip blood. â€Å"Mike, for God's sake,† Corky said. â€Å"That's disgusting.† Tolland tossed the bloody fish overboard and it fell thirty feet. The instant it hit the water, six or seven sharks darted in a tumbling ferocious brawl, their rows of silvery teeth gnashing wildly at the bloody fish. In an instant, the fish was gone. Aghast, Rachel turned and stared at Tolland, who was already holding another fish. Same kind. Same size. â€Å"This time, no blood,† Tolland said. Without cutting the fish, he threw it in the water. The fish splashed down, but nothing happened. The hammerheads seemed not to notice. The bait carried away on the current, having drawn no interest whatsoever. â€Å"They attack only on sense of smell,† Tolland said, leading them away from the railing. â€Å"In fact, you could swim out here in total safety-provided you didn't have any open wounds.† Corky pointed to the stitches on his cheek. Tolland frowned. â€Å"Right. No swimming for you.† 102 Gabrielle Ashe's taxi was not moving. Sitting at a roadblock near the FDR Memorial, Gabrielle looked out at the emergency vehicles in the distance and felt as if a surrealistic fog bank had settled over the city. Radio reports were coming in now that the exploded car might have contained a high-level government official. Pulling out her cellphone, she dialed the senator. He was no doubt starting to wonder what was taking Gabrielle so long. The line was busy. Gabrielle looked at the taxi's clicking meter and frowned. Some of the other cars stuck here were pulling up onto the curbs and turning around to find alternative routes. The driver looked over his shoulder. â€Å"You wanna wait? Your dime.† Gabrielle saw more official vehicles arriving now. â€Å"No. Let's go around.† The driver grunted in the affirmative and began maneuvering the awkward multipoint turn. As they bounced over the curbs, Gabrielle tried Sexton again. Still busy. Several minutes later, having made a wide loop, the taxi was traveling up C Street. Gabrielle saw the Philip A. Hart Office Building looming. She had intended to go straight to the senator's apartment, but with her office this close†¦ â€Å"Pull over,† she blurted to the driver. â€Å"Right there. Thanks.† She pointed. The cab stopped. Gabrielle paid the amount on the meter and added ten dollars. â€Å"Can you wait ten minutes?† The cabbie looked at the money and then at his watch. â€Å"Not a minute longer.† Gabrielle hurried off. I'll be out in five. The deserted marble corridors of the Senate office building felt almost sepulchral at this hour. Gabrielle's muscles were tense as she hurried through the gauntlet of austere statues lining the third-floor entryway. Their stony eyes seemed to follow her like silent sentinels. Arriving at the main door of Senator Sexton's five-room office suite, Gabrielle used her key card to enter. The secretarial lobby was dimly lit. Crossing through the foyer, she went down a hallway to her office. She entered, flicked on the fluorescent lights, and strode directly to her file cabinets. She had an entire file on the budgeting of NASA's Earth Observing System, including plenty of information on PODS. Sexton would certainly want all the data he could possibly get on PODS as soon as she told him about Harper. NASA lied about PODS. As Gabrielle fingered her way through her files, her cellphone rang. â€Å"Senator?† she answered. â€Å"No, Gabs. It's Yolanda.† Her friend's voice had an unusual edge to it. â€Å"You still at NASA?† â€Å"No. At the office.† â€Å"Find anything at NASA?† You have no idea. Gabrielle knew she couldn't tell Yolanda anything until she'd talked to Sexton; the senator would have very specific ideas about how best to handle the information. â€Å"I'll tell you all about it after I talk to Sexton. Heading over to his place now.† Yolanda paused. â€Å"Gabs, you know this thing you were saying about Sexton's campaign finance and the SFF?† â€Å"I told you I was wrong and-â€Å" â€Å"I just found out two of our reporters who cover the aerospace industry have been working on a similar story.† Gabrielle was surprised. â€Å"Meaning?† â€Å"I don't know. But these guys are good, and they seem pretty convinced that Sexton is taking kickbacks from the Space Frontier Foundation. I just figured I should call you. I know I told you earlier that the idea was insane. Marjorie Tench as a source seemed spotty, but these guys of ours†¦ I don't know, you might want to talk to them before you see the senator.† â€Å"If they're so convinced, why haven't they gone to press?† Gabrielle sounded more defensive than she wanted to. â€Å"They have no solid evidence. The senator apparently is good at covering his tracks.† Most politicians are. â€Å"There's nothing there, Yolanda. I told you the senator admitted taking SFF donations, but the gifts are all under the cap.† â€Å"I know that's what he told you, Gabs, and I'm not claiming to know what's true or false here. I just felt obliged to call because I told you not to trust Marjorie Tench, and now I find out people other than Tench think the senator may be on the dole. That's all.† â€Å"Who were these reporters?† Gabrielle felt an unexpected anger simmering now. â€Å"No names. I can set up a meeting. They're smart. They understand campaign finance law†¦ † Yolanda hesitated. â€Å"You know, these guy actually believe Sexton is hurting for cash-bankrupt even.† In the silence of her office, Gabrielle could hear Tench's raspy accusations echoing. After Katherine died, the senator squandered the vast majority of her legacy on bad investments, personal comforts, and buying himself what appears to be certain victory in the primaries. As of six months ago, your candidate was broke. â€Å"Our men would love to talk to you,† Yolanda said. I bet they would, Gabrielle thought. â€Å"I'll call you back.† â€Å"You sound pissed.† â€Å"Never at you, Yolanda. Never at you. Thanks.† Gabrielle hung up. Dozing on a chair in the hallway outside Senator Sexton's Westbrooke apartment, a security guard awoke with a start at the sound of his cellular phone. Bolting up in his chair, he rubbed his eyes and pulled his phone from his blazer pocket. â€Å"Yeah?† â€Å"Owen, this is Gabrielle.† Sexton's guard recognized her voice. â€Å"Oh, hi.† â€Å"I need to talk to the senator. Would you knock on his door for me? His line is busy.† â€Å"It's kind of late.† â€Å"He's awake. I'm sure of it.† Gabrielle sounded anxious. â€Å"It's an emergency.† â€Å"Another one?† â€Å"Same one. Just get him on the phone, Owen. There's something I really need to ask him.† The guard sighed, standing up. â€Å"Okay, okay. I'll knock.† He stretched and made his way toward Sexton's door. â€Å"But I'm only doing it because he was glad I let you in earlier.† Reluctantly, he raised his fist to knock.