Monday, August 19, 2019
The Message of Moral Responsibility in To Kill a Mockingbird :: Kill Mockingbird essays
The Message of Moral Responsibility in To Kill a Mockingbird Not only is To Kill a Mockingbird a fun novel to read, it is purposeful. Harper Lee wrote the novel to demonstrate the way in which the world and its people should live together in harmony through a basic moral attitude of treating others with respect and kindness. The novel received the Pulitzer Prize in 1960, which places it among the best adult novels ever written; although it achieved this high recognition, todayââ¬â¢s primary readers are adolescents. However, at the turning of the twenty-first century, one might wrongfully assume Harper Lee intended To Kill a Mockingbird a novel for adolescents and ignore its lessons for adults. According to ââ¬Å"ââ¬â¢Fine Fancy Gentlemenââ¬â¢ and ââ¬ËYappy Folksââ¬â¢: Contending Voices in To Kill a Mockingbird,â⬠by Theodore Hovet and Grace-Ann Hovet, Leeââ¬â¢s work is important because she does not supply the normal assumptions most in America harbor regarding the origins of racism. To the contrary, they argue that â⠬Å"Rather than ascribing racial prejudice primarily to ââ¬Ëpoor white trashââ¬â¢ (qtd. in Newitz and Wray), Lee demonstrates how issues of gender and class intensify prejudice, silence the voices that might challenge the existing order, and greatly complicate many Americansââ¬â¢ conception of the causes of racism and segregationâ⬠(67). Reading To Kill a Mockingbird provides its audience with a basic moral code by which to live and encounter individuals who appear different or make choices unlike those made by the mainstream populace. Therefore, this novel becomes part of our moral culture; regardless of age, people learn from the moral codes taught by defense attorney Atticus Finch, his children, and his community. Using the backdrop of racial tension and an episode of southern living, Lee develops To Kill a Mockingbird to point out basic morals by which people should live. By Leeââ¬â¢s combining a fictionalization of the historic Scottsboro Trial and the novelââ¬â¢s use of the community to morally educate two children, her characters demonstrate moral responsibility. In the first part of the novel, Lee establishes conflict as Atticus Finch, the father, and the surrounding community, through various situations and conversations, enlighten Jem and Scout Finch with lessons of moral ethic. The moral responsibility of others is to express kindness and respect to others in a world where people of different races, socioeconomic statuses, and cultures exist. In setting the tone Lee establishes the mood through mentions of the Great Depression to remind her reader of the hardships the nation endured. The Message of Moral Responsibility in To Kill a Mockingbird :: Kill Mockingbird essays The Message of Moral Responsibility in To Kill a Mockingbird Not only is To Kill a Mockingbird a fun novel to read, it is purposeful. Harper Lee wrote the novel to demonstrate the way in which the world and its people should live together in harmony through a basic moral attitude of treating others with respect and kindness. The novel received the Pulitzer Prize in 1960, which places it among the best adult novels ever written; although it achieved this high recognition, todayââ¬â¢s primary readers are adolescents. However, at the turning of the twenty-first century, one might wrongfully assume Harper Lee intended To Kill a Mockingbird a novel for adolescents and ignore its lessons for adults. According to ââ¬Å"ââ¬â¢Fine Fancy Gentlemenââ¬â¢ and ââ¬ËYappy Folksââ¬â¢: Contending Voices in To Kill a Mockingbird,â⬠by Theodore Hovet and Grace-Ann Hovet, Leeââ¬â¢s work is important because she does not supply the normal assumptions most in America harbor regarding the origins of racism. To the contrary, they argue that â⠬Å"Rather than ascribing racial prejudice primarily to ââ¬Ëpoor white trashââ¬â¢ (qtd. in Newitz and Wray), Lee demonstrates how issues of gender and class intensify prejudice, silence the voices that might challenge the existing order, and greatly complicate many Americansââ¬â¢ conception of the causes of racism and segregationâ⬠(67). Reading To Kill a Mockingbird provides its audience with a basic moral code by which to live and encounter individuals who appear different or make choices unlike those made by the mainstream populace. Therefore, this novel becomes part of our moral culture; regardless of age, people learn from the moral codes taught by defense attorney Atticus Finch, his children, and his community. Using the backdrop of racial tension and an episode of southern living, Lee develops To Kill a Mockingbird to point out basic morals by which people should live. By Leeââ¬â¢s combining a fictionalization of the historic Scottsboro Trial and the novelââ¬â¢s use of the community to morally educate two children, her characters demonstrate moral responsibility. In the first part of the novel, Lee establishes conflict as Atticus Finch, the father, and the surrounding community, through various situations and conversations, enlighten Jem and Scout Finch with lessons of moral ethic. The moral responsibility of others is to express kindness and respect to others in a world where people of different races, socioeconomic statuses, and cultures exist. In setting the tone Lee establishes the mood through mentions of the Great Depression to remind her reader of the hardships the nation endured.
Oprah Winfrey :: essays research papers
On January 29. 1954 Oprah Gail Winfrey was born to unwed teenage parents in Kosciusko, Mississippi. For the first six years of her life her grandmother raised her on a Mississippi farm. While in her grandmotherââ¬â¢s care she was taught to read at a very early age. This grew into a love of reading that she still has today. At the age of six her mother, Vernita Lee, decided that she could care for her daughter and Oprah was sent to live with her mother in Milwaukee. From the age of six to thirteen, Oprah stayed with her mother. During this time a cousin raped her when she was nine years old and later she was molested by a male friend of her motherââ¬â¢s and by an uncle. She never told anyone about the abuse that she was suffering. Instead, she held her angry and pain inside and she rebelled. She repeatedly ran away and got into trouble. She was sent to live with her father Vernon Winfrey in Nashville when she was thirteen. Her father helped her with discipline. He encouraged Oprah to do her best. Oprahââ¬â¢s father helped her turn her life around. Oprah has spoken of his requirement that she read a book each week and completes a book report on the book. At the age of nineteen Oprah landed her first job as a reporter for a radio station in Nashville. Later she entered Tennessee State University to study radio and television broadcasting. In 1976 Oprah Winfrey moved to Baltimore where she hosted a TV show called People Are Talking. The show was a hit and Winfrey stayed for eight years. In 1986 Oprah started the Oprah Winfrey Show. Oprah has been honored with the most prestigious awards in broadcasting including the George Foster Peabody individual Achievement award in 1996 and the National Academy of Television Arts & Sciences lifetime Achievement award in 1998. In June 1998,
Sunday, August 18, 2019
Gangs of the Black County - Original Writing :: Papers
Gangs of the Black County - Original Writing "Get ya' bananas, ten for a pound! How about you love? Fancy some bananas?" These words could be heard shouted through the rustle and bustle of Dudley Town Market on the High Street. It was a typical market town, it had the smells and some sights, a Norman Castle perched upon a hill overlooked the town, but one could tell that not that long ago this town was something more important than it was today. Dudley was in the heart of the Black Country, it was the key town during the Industrial revolution, supplying iron ore to large companies. Believe it or not underneath the littered ground there are hundreds of man made mines, which have scarred the landscape of the Black Country. The High Street is one long road with shops parallel to each other, but it lacked many 'designer' high street shops; it had a few, but not enough. Since a nearby shopping complex had opened no one wanted to go to Dudley anymore. So this lonely town was left with many pound and discount shops. Mr Arjun Singh, a renowned businessman who had a small chain of discount stores around the Black Country, owned one of these shops. He had three sons, Abdul, Arjun Jr and Sanjit. Mr Singh's wife had passed away a year before, the victim of a tragic car accident. Abdul, the eldest of the three sons, was still emotionally tormented by his mother's death. Recent CCTV footage had shown that Mrs Singh had been a victim of an organised hit and run ordeal. The blame had recently been laid onto another local businessman, Jason Barley. One of his 'upmarket' stores was right next to Mr Singh's discount shop. It was thought Mr Barley had gang connections all over the Black Country, however not enough evidence was available to point an accusing finger at Jason Barley to the murder of Mrs Singh. Monday was an important day for Mr Singh and his three sons because Mr Singh had yet again cut all the prices on his stock.
Saturday, August 17, 2019
Preserve Toothbrushes Essay
Strategic planning is an important aspect for any business or corporation. Without it, an organization has no way to achieve a stated goal. They have no way to march towards their vision. In the case of Eric Hudson, an entrepreneur with a vision, he successfully created a business with a goal in mind and implemented a strategic plan to make it happen. Every small business startup has to have some edge in order to compete; otherwise they will be forced out by larger, pre-existing competitors. For Preserve, this meant identifying and filling a niche in an industry largely consisting of multinational conglomerates. For Eric Hudson, this meant thinking critically, having a plan, and implementing it in order to carry out his vision. Preserve found its niche in environmentally friendly toothbrushes. Preserve created an environmentally friendly toothbrush manufactured from recycled plastic. Further enhancing the product was a unique 45 degree angled head designed by Hudsonââ¬â¢s father, an industrial engineer. At the time, the ââ¬Å"greenâ⬠movement was largely a niche in itself. While not a first-mover, others were already in the ââ¬Å"greenâ⬠products industry; Preserve had a modified approach of the second-mover strategy. It did not create the ââ¬Å"greenâ⬠industry, but it did create a new product. It was often a small market for ââ¬Å"greenâ⬠products, and the products that existed were often less effective and of poor quality. However, for Eric Hudson, he made it his vision to provide an environmentally friendly product without sacrificing quality or performance. Initially, Preserveââ¬â¢s toothbrush was marketed through grassroots movements and sampling. However, it was at one of the sampling events, that an employee from Stonyfield Yogurt, an organic yogurt company, approached Preserve and relayed the information that they consistently had leftover plastic from producing yogurt containers. With this bit of information, Preserve had a new strategic alliance that provided them with the raw materials to produce its product, and Stonyfield had the ability to promote tself as an environmentally friendly corporation as a result of its efforts. Preserve is a small, niche brand, and like most other small niche brands, their marketing budget pales in comparison to its larger competitors. In Preserveââ¬â¢s case, they focus on generating publicity to promote and advertise their brand. The best advertisement is free advertisement, and Preserve tends to generate a lot of magazine articles and television appearances. This in turn generates word of m outh testimonials, the most effective form of advertising. Businesses in general should continually strive to enhance their business model and update their strategic plan. A SWOT analysis is a useful tool for examining a business and how it is meeting its basic mission. By comparing the firmââ¬â¢s strengths and weaknesses with external opportunities and threats, a SWOT analysis provides managers with a view of the organizationââ¬â¢s internal and external environments. In turn, this analysis can be used to determine if the firm is meeting expectations or if it is on track to meet expectations. Preserveââ¬â¢s director of marketing, C. A. Webb, admits that she doesnââ¬â¢t actually perform SWOT analysisââ¬â¢s, but certainly uses that form of thinking consistently when implementing new products, distribution channels, designs, or other decisions. In fact, it was this style of thinking that led to Preserve to focus its effort on packaging its unknown product in order to appeal to a more sophisticated market and consumer. It was crucial to target a specific audience because retailers could not devote large amounts of shelf space to a small brand such as Preserve. So Preserve made it their mission to go up against their large competitors in the only way possibleââ¬âout marketing them. Business strategy and strategic plans are crucial for any business, small, medium, or large. Preserve certainly provides an excellent example of the necessity of a strategic plan and how following one can lead to success, provided the organization has the necessary strengths and environment as can be determined by a SWOT analysis. Preserveââ¬â¢s success can certainly be attributed to a successful business plan, as well as careful planning. Both are important lessons to be taken away from Preserveââ¬â¢s market presence.
Friday, August 16, 2019
Plight of Indian Farmers Essay
India is an agrarian country and around 60% of its people directly or indirectly depend upon agriculture. Agriculture in India is often attributed as gambling with monsoons because of its almost exclusive dependency on precipitation from monsoons. The failure of these monsoons can lead to a series of droughts, lack of better prices, and exploitation of the farmers by middlemen, all of which have led to a series of suicides committed by farmers across India. Things have always been bleak for the Indian farmer. Here the term ââ¬Ëfarmerââ¬â¢ is used to describe the agriculturists with very small land holdings or no land ownership at all. The policies of the government and the often-lackadaisical attitude of the bureaucracy are responsible for the sorry plight of the farmer. Even the so-called ââ¬ËGreen Revolutionââ¬â¢ was successful only in patches. Not many small farmers could reap the benefits of the technology that required large tracts of land and lot of money. The policy makers ignored the need for creating infrastructural facilities like irrigation and storage and not to mention the transport facilities. Some of the main causes of the farmersââ¬â¢ mass suicide is due to absence of adequate social support infrastructure at the level of the village and district, uncertainty of agricultural enterprise in India, indebtedness of farmers, rising costs of cultivation, plummeting prices of farm commodities, lack of credit for small farmers, relative absence of irrigation facilities, repeated crop failures. India is transforming rapidly into a primarily urban, industrial society with industry as its main source of income; which is why the government and society remains unconcerned about the condition of the countryside. Moreover, a downturn in the urban economy pushes a large number of distressed non-farmers to try their hand at cultivation; in the absence of any responsible counseling either from the government or society there were many farme rs who did not know how to survive in the changing economy. Such stresses pushed many into a corner where suicide became the only option for them. The problems that plagued the farmers 15 years ago are still glaringly present today: There is little credit available. What is available is very expensive. There is no advice on how best to conduct agriculture operations. Income through farming is not enough to meet even the minimum needs of a farming family. Support systems like free health facilities from the government are virtually non-existent. Non availability of timely credit has been a major drawback for the agricultural sector of India. In a country which relies mostly on agriculture, constant endeavors are needed to see that rural and agricultural credit facilities are enhanced with time. As a part of these efforts, agricultural credit cards got introduced in the agricultural lending system. Similarly cash credit facility was also being offered by many banks. However, a major shortfall in these schemes remained the fact that they were concentrated mainly to the niche segment. The farmers lying in the higher end of the pyramid received access to these schemes while the marginal and small ones still remained unprivileged. The farmersââ¬â¢ problems should be assessed against the background of rural economy and the marketing of agricultural products. In almost all other economic transactions, those who produce the goods have the right to decide the market price of the product. But farm prices are not fixed on the basis of cost production of seeds, fertilizers, pesticides, water and other in-puts, besides electricity and manual labour. Farm products are thrown into the market with the result that their price-structure collapses with market fluctuations. When markets are flooded with farm products, prices come down and a scarcity means the rise of prices. The scarcity is artificially created by middlemen and merchants. That is why traders of farm products get rich, while farmers remain poor. Traders get bank credit facilities, while farm credit is restricted to crop valuation which is not only uncertain, but considered at a low level by bankers who ascertain the farmersââ¬â¢ credit limit. Agriculture is not a sector for bank loans, and hence land assets are not considered for loan limits. The farmers are so neglected and exploited that, in times of crisis, they either have to get themselves trapped by private moneylenders or commit suicide. More than 17,500 farmers a year killed themselves between 2002 and 2006, according to experts who have analyzed government statistics. In 2006, the state of Maharashtra, with 4,453 farmersââ¬â¢ suicides accounted for over a quarter of the all-India total of 17,060. According to government data, over 5,000 farmers committed suicide between 2005-2009 in Maharashtra, while 1,313 cases were reported by Andhra Pradesh between 2005 and 2007. In Karnataka the number stood at 1,003, for the period 2005 ââ¬â 2009. In the last four years, cases there were about 905 cases in Kerala, 387 in Gujarat, 75 in Punjab and 26 in Tamil Nadu. In April 2009, the state of Chhattisgarh reported that 1,500 farmers committed suicide due to debt and crop failure. Farmers often have to take loans from money lenders because of a lack of alternatives, and if the crops fail, they are left with no choice but to commit suicide. The problem is that the Indian government has no plan to subsidize or compensate for farmerââ¬â¢s losses if he fails to compete in the global market or to survive global market fluctuations. Unless their plight is duly assessed, adequate credit facilities are given, and compensation packages finalized, it would be difficult for farmers to survive in any market, particularly under the present rural conditions. The rural people consisting of 70% (including farmers, artisans, fishermen, 93% Tribalââ¬â¢s, 86% Schedule d castes, nomads etc.) do not have the basic facilities as secured by the organized sectors. These people living in Villages of Bharat are illiterate, do not have basic facilities of health & education neither regular income nor growth. The reason for the lack of facilities is due to lopsided policies adopted in the past after Liberalization process. The leaders as well as Intellectuals have become immune to the problems confronted by rural people. There is a general feeling among farmers of being ââ¬Ëleft behindââ¬â¢ in large parts of rural India. The widening disparity in per capita income between farm and other than farm sector, the very slow rate of growth in agriculture, the declining profitability, extremely weak social security arrangements, weakening family and community based mechanism of social protection, lack of employment opportunities etc., and the rising aspirations are building up social unrest which, if not arrested, could lead to threats to internal peace and security. The worsening cost-risk-return structure of farming, the low and stagnating income of farmers and the huge and widening income divide between farmers and non-farmers are the main deterrents. The Indian farmers have always been at the receiving end since Independence. Their hard toil fetched them nothing except fake assurances from the rulers of this nation. Itââ¬â¢s sad and unfortunate that people who are indispensable for the growth of nation have been left to their fate. This is quite evident from the suicide cases in Andhra and other parts of the country including West Bengal. In states like UP, middlemen and Mandi officials ensure that the farmers turn into object of grief. The need of the hour is implementation of schemes introduced by the government. This can take place effectively if the village panchayats are provided more power to execute them in smooth manner. Today bureaucratic set-ups eat into their advantages. Again farmers need to be equipped with latest technological accessories that enhance the prospects of better output and thus make their contribution more prominent in the global economy. Better results could be attained if information centers having state-of-the -art facilities are set-up inside each village that shed light on issues related with farmers. They form the backbone of the nation and so it becomes imperative for us to be conscious of their needs. Recommendations to reduce the plight of Indian Farmers * Agricultural subsidies should not be stopped but it should be done in an efficient manner so that the needed farmers or poor farmers who are not financially stable can get these facilities and their situation can be improved. Government should have all the details of farmers and on the basis of that list distribution should be done. They should provide subsidies category wise. Improvement in the agricultural sector is one step towards the development of our country. * Comprehensive insurance safety net * Revamping of extension services in lines with e-choupals; and dissemination of information such as agricultural prices and methods of low-cost organic farming. * Fundamental policy changes to factor in the fluctuating production cost in the minimum Support Price mechanism. * To integrate surface and groundwater irrigation schemes and integrate the line departments in order that the schemes are implemented efficiently. * Policy changes to focus on farmers rather than seed and fertilizer corporations and set up of a commission with statutory powers that takes decisions on issues such as genetic modification technology and its impact on Indian agriculture, agriculture pricing policy and cropping pattern.
Thursday, August 15, 2019
Law and Legal Instrumentalism Essay
Law, a set of coherent rules and values within a society, is a human process. As such, it is crucial to approach its application within society in a pragmatic and realistic sense rather than a formal one, which views law as a set of mechanical and abstract principles. A legal realist approach on law takes into account extra-legal factors which help shape how law is used within a social context. This approach does not view the discipline of law as a literal set of principles to be formally detected and applied, but recognizes that the interpretation of law by legal actors is manipulated by situational factors. BrianTamanaha in Law as a Means to an End: Threat to the Rule of Law examines how law, originally understood as an ââ¬Å"instrumental to serve the social goodâ⬠, is now just a mere instrument to further the goals and agendas of those who have access in its use (Tamanaha, 4). In essence, the notion of a common ââ¬Å"social goodâ⬠is no longer a qualifiable condition of law. In a complex, multi-faceted society, it is optimistic to presume that there is a true identifiable social good. Thus, lawyers, legislatures, judges and other legal actors are capable of using law to further their personal or collective political, social and economic interests. Tamanaha examines the ways in which legal actors, specifically cause litigants and judges, instrumentally exercise law. Thus, the term instrumentalism, a form of legal realism, is a pragmatic method which stems away from a formal application of law by critically examining cause litigation and judicial activism. Although law may be used as a mechanism to achieve a certain outcome, it is not used lawlessly and without merit as lawyers are advocating for a broad social cause and judges use law based on the merits of the constitution, given the benefit of time and postulated reason of their decision making. Brown, a case regarding segregation within the United States emerged with lawyers stirring up lawsuits by informing African American citizens of their legal rights (Tamanaha 159). The process of instigating litigation was previously prohibited in common law practice; it was not professionally ethical for lawyers to set lawsuits in motion. However, it became increasingly common for lawyers to achieve change in public policy and legislation by fighting for a specific cause within the judicial arena. This ethod was forward-looking in that the courts became a battle field for interest groups seeking remedial change; the decision of the law was not necessarily to compensate for any harm inflicted in the past, but to change the policy in the future. This expansion from the traditional bilateral litigation no longer was to award the affected parties with compensation, but became a method to attain a reformative decree (Tamanaha 161). Eventually, cause litigation was an encouraged means to a dvance societal goals, in the sectors of environment protection, political reform and mental health, to name a few (Tamanaha 160). Although such issues of public policy appear to benefit society as a whole, the intent of the cause lawyers who instigate such legal actions is questionable to Tamanaha. The lawyers in these situations are no longer amoral technicians of law, but individuals who seek their own ideological implementation (Tamanaha 156). The cause which lawyers strive towards becomes the primary concern, whereas the clients themselves are secondary, fulfilling the standing requirement before the court (Tamanaha 156). This can be very detrimental to the clients because they may not be aware of the consequences of their legal actions. For instance, Baehr v. Lewin, 1993 was a successful lawsuit brought forth to legalize same-sex marriage in Hawaii. Although the litigants won, the ultimate consequence was detrimental; following it was a series of amendments nation-wide which prohibited same-sex marriage (Tamanaha 167). The battlefield within the court became not a place to determine legal rights, but a remedial catalyst in public policy. Such political battles focus on adversarial ideologies rather than legal rules and merit. However, the work of cause litigants cannot be narrowly categorized as one that is purely self-serving. More often than not, cause lawyers instigate lawsuits by informing the oppressed and disadvantaged of their rights. By doing so, they use law to encourage political change to the otherwise uninformed public. These causes often grow to become social movements as it ââ¬Å"provides the basis for a sustained series of interactions between power holders and persons successfully claiming to speak on behalf of a constituency lacking formal representation (Austin 2)â⬠. This formal epresentation demands change from the power holders with a strong backing of social support. Often, these groups lack the resources and skills which lawyers can provide, offering their advice to enlighten the marginalized group to ââ¬Å"initiate and nurture political mobilizationâ⬠(Austin 4). The instrumental use of law by judges is immensely threatening to the judicial system and to a democratic soc iety as a whole. Judges who use law to achieve a certain outcome undermines the rule of law. The legal system requires that judges be objective arbitrators of the law. As independent bodies, it is essential that they remain impartial in their decision making and delegate based on rule, and not personal preferences (Tamanaha 227). This is a crucial aspect of the rule of law, which binds the action of the state to pre-fixed rules, placing judges equal under and before the law, just as all other subjects of society. The rule of law ensures transparency and predictability which prevents the government from ruling coercively. It is an essential component to a democratic state. However, when judges decide a cases, they may be inclined to achieve a particular result. In essence, they are using laws to achieving another end, namely one that strengthens their own ideological beliefs and interests. Whether it is a certain political philosophy or a particular social policy which they seek, arbitrarily decided cases and manipulated law enforcement defeats the characteristics of the judicial branch of the state. Because there is no particular hierarchy of values, judges are able to promote some while extinguishing others. The general terms of legal rules allows judges to focus on the consequences of their decision. Their decisions will naturally be based on their political affiliations or ideological tendencies. Consequently, it is difficult to believe that judges are truly impartial in decision making. The result of judicial activism is that private attitudes become public law (Tamanaha 234). Furthermore, the procedural process of the case takes a backwards approach; the decision is made first, then it is justified by the legal rules which judges find applicable (Tamanaha 236) Nevertheless, there is a certain form of procedure which judges are bound to. Although values are not ranked hierarchically, there are two forms of rights obtained from the constitution: specified rights and secondary rights (Bork 17). The latter is of utmost importance as it addresses the values held by the constitution, such as the right to vote or procedures in criminal processing, all which the courts need to protect (Bork 17). The former alludes to the principled rules which the original framers of the text intended to convey (Bork 17). Because constitutional law does not have a concrete theoretical premise on which adjudicators are required to base their decision making processes on, they are founded on neutral principles. That is, issues are addressed based on general principles postulated on reason to ensure that conflicting values are not lawlessly chosen over one another (Bork 2). Granted, there are adversaries in the legal principles to which judges ascribe. Therefore, it is critical for the judges to recognize that in deciding cases, they are setting legal precedent, and therefore should have a firm belief that the values being applied are done so lawfully. These beliefs are in relation to the legal system as a whole, not their personal preferences (Bork 2). Ultimately, Borkââ¬â¢s concern lies not with the decisions made by judges but what makes their decisions legitimate. The courts essentially work as advocates for the minority who otherwise would have no say on the issue at hand. Helping the powerless realize their rights is a form of advocacy that judges take. It is not about undermining the rule of law, but giving opportunity to access the law (Bork 3). Nevertheless, it is crucial for judges to base their decisions off of neutral principles; just as principles and values cannot be applied lawlessly, they just the same cannot be defined lawlessly (Bork 8). The critical examination of judicial review goes beyond itââ¬â¢s obvious implications and expositions of undermining the rule of rule. It is unfair to presume that judges are completely unreasoned in their decision making. There is a level of predictability as judges are bound to legal precedent and cannot decide cases in an tyrannical manner. Although the courts are not elected officials who are granted the power to delegitimize legislation, they are in many ways better equipped in making such decisions. For instance, the courts are distanced from political or social pressure allows them to make sound decisions in a timely matter. Elected officials tend to act on expediency and pressure when it comes to making value-based decisions (Bickel 25). Essentially, they are inclined towards one side of the issue in order to appeal to the interest of the predominate voters, as opposed to abiding to the fundamental values of law (Bickel 25). Judges on the other hand make decisions far from societal pressures, with more leeway in terms of time. This gives the courts the ability to make more calculated decisions, taking into consideration not only the fundamental values of the state but also the unforeseen implications of a decision. (Bickel 26) In dealing with the pith and substance of a case, decisions are argued to be ââ¬Å"sober second thoughtsâ⬠(Bickel 26). Ultimately, the use of law within a judicial context by judges and lawyers is not an arbitrarily unfair process. Such legal actors are bound to the values of the laws within society. Such values are premised on the rule of law, the foundational concept of a democratic society. Cause litigants are often involved in social issues and advocate for those who require a formal delegate. These cause lawyers may use law in such a way to achieve a certain outcome, but this outcome results in change in public policy to those who are otherwise be unaware of their legal rights. Moreover, although judges may have their own social desires and political preferences, they cannot easily sway towards them. Their professional duty requires them to be consciously rule-bound and rely on the precedent. Further, the basis of their decision is on neutral principles. Such principles are not vague and abstract, but stem from the precedent of previous judges in common law. Instrumentalism is pragmatic in that it recognizes that law is not a math; there is not a formula which judges rely on. However, social movements and changes through the judiciary ensures that fresh insight is continuously brought about within society, giving room for social change and progress.
Wednesday, August 14, 2019
A Comparison Of A Clockwork Orange And 1984 Essay
A Comparison of A Clockwork Orange and 1984 In futuristic literature one often encounters political systems that dominate and oppress. In George Orwellââ¬â¢s 1984 and Anthony Burgessââ¬â¢s A Clockwork Orange, government control uses various methods to force the citizens to conform. Brain washing was used for a common purpose in both stories, to forget and change the characters past actions. In A Clockwork Orange, brain washing was used after Alex had committed all his crimes, as a method of treatment for his violent tendencies. When Alex would cry for them to stop the horrible films, that he was forced to watch, Br. Brodsky said ââ¬Å"We have to be hard on you, you have to be cured.â⬠(Burgess,86) This experimental treatment was being used full force, Alex being the gini pig. The Charlie warned Alex before singing him up that ââ¬Å"Itââ¬â¢s only in the experimental stage at the moment. Itââ¬â¢s very simple but very drastic.â⬠(Burgess, 67) Alexââ¬â¢s treatment turned out to be ââ¬Å"successfulâ⬠in the doctors eyeââ¬â¢s. He was cured of all his violence, left to the brutality of society that he could no longer deal with. In 1984 brain washing was a non-stop method of control used 24 hours everywhere Winston would go. He and Alex were lead to a similar fate. Although the constant attempt by Big Brother to have total control over all citizens of Ociania by propaganda and telescreens did not work on Winston, the torture and room 101 let him understand ââ¬Å"double thinkâ⬠and learn to love Big Brother. Big Brother could make him believe anything, ââ¬Å"Then almost without a pause he wrote: two and two make five.â⬠(Orwell,239) A the end of 1984 Winston believed ââ¬Å"He had won the victory over himself. He loved Big Brother.â⬠(Orwell,256) Propaganda and brain washing can have positive and negative results on a society, both are presented in these novels. No matter what the result on society, the outcome on the person is always harmful. In 1984 Winston became compliant to the government and the rest of society. Any rebellion or self-control that Winston had was forced out of him by the brain washing and propaganda. Winston and Julia always said, ââ¬Å"What you say or do doesnââ¬â¢t matter: only feelings matter. If they could make me stop loving you- that would be real betrayal.â⬠(Orwell, 136) They went in to room 101 knowing they would confessà but saying they would never stop loving each other, ââ¬Å"They canââ¬â¢t get inside you.â⬠(Orwell, 136) They were wrong. After the government was done with them they had no love for anything but Big Brother. By the government achieving this, they eliminated any chance of Winston or Julia rebelling against them. This therefore diminished the hope that any rebellion would occur to save the disciplined society. The opposite was true in A Clockworks Orange Alex had love like he had never experienced before. Alex had become so desensitized as a child that he could commit horrible crimes with no remorse what so ever. ââ¬Å"That was disgusting so we have him the boot, one go each, and then it was blood, not song nor vomit, that came out of his filthy old rot. Then we went on our way.â⬠(Burgess,15) In fact Alex found enjoyment in others pain caused by himself. His treatment therefore made him fit societies standards in a positive way, whereas Winston fit society in a negative way because they took something away that could have helped society. In both books drugs were used by the government to control people and patients. The citizens of Ociania were drugged constantly. Every thing they put in their mouth was controlled by the government. To eat anything else was against the law. Each social class had their own food and drink they could consume. Winston was not an important person in the governments eyes so he did not get high quality possessions. ââ¬Å"He took a cigarette form a crumpled packet marked VICTORY CIGARETTES and incautiously held it upright, whereupon the tobacco fell out on to the floor.â⬠(Orwell,10) The important government officials not only had the power to turn off their telescreens, which were a constant source of brainwashing, but they could also eat and drink high quality, normal food. ââ¬Å"Itââ¬â¢s Inner Party coffee. Itââ¬â¢s all Inner Party stuff. Thereââ¬â¢s nothing those swine donââ¬â¢t have, nothing.â⬠(Orwell,125) Once arrested Winston was drugged by Oââ¬â¢Brien so as to be more susceptible to ideas. ââ¬Å"Winston could not remember whether it was in drugged sleep, or in normal sleep a voice murmured in his ear: Donââ¬â¢t worry I shall save you, I shall make you perfect.â⬠(Orwell, 210) Drugs were used in the same manner in A Clockwork Orange before being takenà to watch the horrible films he would be shot with drugs so that the film would affect him faster. ââ¬Å"After every meal we shall be giving you a shot in the arm.â⬠(Burgess,78) ââ¬Å"Now all the time I was watching this I was beginning to get very aware of a like not feeling all that well, and this I put down to the under-nourishment and my stomach not quite ready for the rich pishcha and vitamins I was getting here.â⬠(Burgess,82) Drugs caused both these cha racters to be manipulated at the hands of their oppressors to mold them to fit their totalitarian ways. These two pieces of literature are perfect examples of political systems that dominate and oppress. Both use various forms of brain washing to create a certain type of person that will conform to the society they have created. The novels also show the impact that brain washing and propaganda have on the society and what it takes away from the individual. Although these stories are not mirror images of our civilization in this day and time, it is not difficult to associate some of the ideas presented in these two book to what we have, and to what is to come.
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