Hebrew and Islamic Mythology Essay

While science and religion are notorious for their contentious and often violently contrasting relationship, they bear much in common in their agenda. Both set out to provide explanations for the world’s mysteries. And as such, they also share a large hand of unanswered questions. Perhaps chief among them, the question of the earth’s creation, and by extension, man’s ascension to awareness, is one with very few empirical explanations. And in an absence of any conclusive evidence, theories abound from all camps. A common thread in history’s chapters, myths regarding the Earth’s conception provide insight into the lives and cultures of their respective societies. In western society, the Judeo-Christian anecdote is easily the most well-known. This story is the primary creationist mythology for many monotheistic sects. Herein, God creates the earth in six days, with man arriving on the last. On the seventh day, the omnipotent rests and thus, delivers man the Sabbath. However, in the centuries that preceded the inflection point where monotheism began to take popular hold, polytheistic idolaters provided the most commonly held ideas about the earth’s origin. One of the earliest examples of the literate and elaborated nature that these myths could take on comes from the rich tapestry of Greek mythology. The Greeks were idol-worshippers who had developed a complex and extremely colorful cast of gods. Though not omnipotent like the Judeo-Christian almighty, these gods were believed to possess real and considerable power over the lives of their human subjects. The Greek myth of creation is an exposition of that relationship. It was believed that, prior to earth, there was nothing but darkness. And amid this darkness, the only object was a black-winged bird called Nyx. This bird, alone in the void, was impregnated by the wind. (Note the parallel to the immaculate conception of Christ. ). As a result of this cosmic union, she yielded a golden egg, which she proceeded to roost upon for many thousands of years. Eventually, this egg hatched and the god of love, Eros, sprang forth. Just as Eros was born, so too were his siblings, whom he was given the honor of naming. They were the upper and lower halves of his shell, which rose to the air and sank to the ground respectively. They became the sky and the earth. Eros called them Uranus and Gaia and blessed them with love. This love resulted in children and grandchildren who would blossom into twisted, war-bent gods whose better judgment would be often blinded by a hopeless quest for power. A first-generation child of Gaia and Uranus, Kronus took a wife in Rhea and produced many children, whom he grew to fear immensely. Kronus, a problem-solver by nature, swallowed his children while they were still infants, thus preventing what he considered to be the inevitable threat of usurpation. The youngest of his sons, however, was also the most beloved to Rhea so she deceived her husband into consuming a rock in the child’s place. This youngest child, Zeus, would grow strong in manhood and ultimately bring to realization Kronus’ greatest fear. Zeus liberated his brothers and sisters from his father’s malicious and all-consuming grasp. Then he led them to revolution, waging a war against the tyrannical god. In their victory, they turned their benevolent attention to the great creations of Nyx. The gods began to populate Uranus with the stars thus creating space. They began to furnish Gaia with life, thus birthing nature. After creating the appropriate backdrop, the gods recognized that the earth was correct excepting its want for animals and humans. Zeus set to the task his sons Prometheus and Epimetheus, whose names translate literally to mean forethought and afterthought. This provides some interesting insight, perhaps, into the Greek perspective about man’s intellectual capacity and eventual self-awareness. In addition, it offers literal details about the unique abilities and idiosyncrasies that mark the species which populate the earth. When assigned to the job of designing creatures, the brothers were given a variety of gifts to offer their creations. While Epimetheus set upon the task of creating the animals and awarding them all with gifts, Prometheus carefully sculpted man to be in the image of the gods. (Again, man’s definition as being in the image of god holds much in common with Judeo-Christian creationism). When he completed his task, he found that Epimetheus had given away all the gifts, leaving humankind with the shaft. Prometheus sought to rectify the matter by stealing a trace of fire from the setting sun and giving it to man. When Zeus awoke to find man in possession of that which was to belong only to the gods, he was furious. He punished Prometheus to an eternity stapled to a tree, having his liver chewed on by vultures. But the damage was done. Man had been created and given the power of fire. There is a great deal more to Greek mythology, as with the bible. The role of the gods takes on a wide array of purposes, gradually divining all of man’s vices and virtues. But in the story of the earth’s creation alone, there is much illumination. The Greek legend begins to tell part of the story of Greek culture insofar as it offers some true self-examination. In this story of violence, deception and a natural tendency toward roguishness, the Greeks provide a piercing look into a psyche long since perished from the world. Surviving with far greater ideological intensity are those creation myths driving modern faith. The traditional structure of the dominant monotheistic faiths incorporates a narrative regarding the creation of earth and man into its formative doctrines. Herein is typically contained an originating explanation for the relationship between god, man, heaven and earth that provides grounding for the entirety of the faith’s sacred text. This is a fundamental commonality between the texts of the Hebrew Bible and the Holy Qur’an, both of which dedicate significant portions of their second chapters to delineating the story of the first man. It is striking to compare the passages concerning the creation of the first man as they appear in the two texts. Though today Judaism and Islam function almost as antecedents to one another, with their practitioners often viewing their respective texts as placing them into diametric and practical opposition of one another, these passages provide evidence of their common derivation. The creation myths of the two religions suggest that their political, social and cultural differences today may stem from the nuances therein, which had the effect of placing their interests in close confines with one another while arming them with divergent perspectives on how best to achieve said interests. The details surrounding God’s deliverance of Adam to the Garden are essentially the same according to the two texts, but the wording of each calls for closer speculation. In Genesis, the first book of the Hebrew Bible, God follows his work of creating the heaven and the earth by creating man: â€Å"Then the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.. † (Gen. 2:7) From here is taken a substantial assumption in the Judeo-Christian faith which proceeds from it, that man is created in the image and likeness of God. The breath of God, this passage indicates, circulates in the body of every man, suggesting a responsibility to godliness for all of us. The Qur’an, in its recognition of the same deliverance to the Garden, paints a different image in acknowledgment of God’s endowment of life. In keeping with a prominent thematic impulse of the Qur’an, convicting its readers to note the distinction in fates for believers and nonbelievers, the phrase depicting Adam’s creation is posed with a similar connotation: â€Å"How do you deny Allah and you were dead and He gave you life? Again He will cause you to die and again bring you to life, then you shall be brought back to Him. † (Koran, 2:28) This is a passage which demands not just belief in the creationist role of Allah but also a devotion to eradicating or combating non-belief. More explicitly and ideologically pertinent though, it carries with it a description of the process of reincarnation. Man, in this passage, is described as an entity being fully at the mercy of God within the bonds of the creator-to-created relationship. And where the berth into God’s image, held in the Hebrew Bible, ultimately predisposed man to divine immortality, this infinitude is represented differently in Islam. The overtones of reincarnation here suggest that man is not considered to be made in the image of God, nor even an element of the earth as also implied by Genesis 2:7, but is a soul perpetually disposed to take forms according to the will of Allah. This does not necessarily indicate a fundamental difference in the dispositions of the gods in question, Yahweh and Allah in the bible and Qur’an respectively. In Genesis, there is an articulated statement regarding God’s willingness and right, as creator, to snuff out his subject for transgression of his law. At the time, this law was constituted summarily of one directive in which â€Å"the LORD God commanded the man, saying: ‘Of every tree of the garden thou mayest freely eat; but of the tree of the knowledge of good and evil, thou shalt not eat of it; for in the day that thou eatest thereof thou shalt surely die. ‘†(Gen. 2:16-17) These foreboding words are those which assured our mortality on an earth characterized as the forum for exile from the Garden. The air which god breathed into us through Adam’s nostrils would, as God promised, be the price paid for partaking of the fruit. This fall from the grace of godly immortality would define the nature of man’s life-cycle, and by extension, theoretical concepts such as time and space and spiritual assumptions about death and the afterlife. God’s proposition to Allah as depicted in the Qur’an is not endowed with the same consequence, perhaps a product of the initial divergence between the two texts with regard to the fundamental construct of man in relation to his god: â€Å"And We said: O Adam! Dwell you and your wife in the garden and eat from it a plenteous (food) wherever you wish and do not approach this tree, for then you will be of the unjust. † (Koran, 2:35) The fall from grace is described quite differently here, with man incurring no such threat as explicit as a certain death. This is a condition already possessed of man in the passage concerning his formation. It is not a punishment but a state of being given grounded in man’s relationship to Allah. Original sin is still a common element to the doctrines of the two faiths, but its consequences appear as quite different actually. In the Hebrew Bible, the serpent is a creature which plays the role of deceiver and, by metaphorical extension, the antithetical and fundamentally evil counterpart to God’s unchanging benevolence. This is contrasted by the Qur’an’s direct address of a Satan figure, a development affirming its composition as having occurred at a far later date than that of Genesis: â€Å"But the Shaitan made them both fall from it, and caused them to depart from that (state) in which they were; and We said: Get forth, some of you being the enemies of others, and there is for you in the earth an abode and a provision for a time. † (Koran, 2:36) A punishment dealt herein concerns man’s occupation of earth as a home, with God endowing it only a finite capacity to host mortal life. Again, the contrast between the implications to man’s punishment for Original Sin in the two texts can be traced to the contrast in man’s assumed composition. In the Hebrew Bible, God punished Eve and her offspring to a perpetuity of painful childbearing â€Å"and unto Adam He said: ‘Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying: Thou shalt not eat of it; cursed is the ground for thy sake; in toil shalt thou eat of it all the days of thy life. † (Gen. 3:17) In this passage, a fundamental difference in perspective is illuminated, that man’s lot, to toil on the land, is a punishment profoundly connected to his violation of God’s will and his organic relationship to the soil. Where the Garden of Eden was a sanctuary at Adam’s disposal, the Earth would be his responsibility and his shackles. His mortality would be profoundly chained to his capacity to manage the earth. Where Islam casts its subjects as inhabitants of a land inevitably bound to eventually leave them to resource-deprived oblivion, Judaism confines its followers to a eternity of suffering knowledge of the earth’s hard reality. God tells Adam of this fate as being a mixed blessing, with the knowledge equally capable of delivering him to pain and pleasure, â€Å" for God doth know that in the day ye eat thereof, then your eyes shall be opened, and ye shall be as God, knowing good and evil. ‘† (Gen. 3:5) In a way, this is a complete fulfillment of man’s emulation of the creator-image just as it is the downfall from godliness. Indeed, the serpent cavorts Eve by telling her that she and Adam will be endowed with knowledge and fortitude, and be gods themselves. In exchange for this transgression, god casts man without guidance into the desert abyss. This is contrasted by the denouement of original sin in the Qur’an, where Allah casts his children out but does so under the auspices of mercy: â€Å"We said: Go forth from this (state) all; so surely there will come to you a guidance from Me, then whoever follows My guidance, no fear shall come upon them, nor shall they grieve. † (Koran, 2:38) Here, God reaffirms his commitment to man even in his failing, offering him an unconditional love as sanctuary for the pain and suffering of the land. The intricacies that differentiate the two texts offer a useful set of variations on a creation story that is highly associated with the evolution of monotheism. Particularly, the mutual centrality of the texts on man’s role and purpose in the earth’s creation and the heaven’s sanctity illustrates the capacity of each to elucidate its pursuant culture’s views on God’s divine plan for humanity. Bibliography: Fahs, Sophia Lyon, Spoerl, Dorothy T. Beginnings: Earth, Sky, Life, Death. Beacon Press. Boston. 1965. Freund, Philip. Myths of Creation. Washington Square Press, Inc. New York City. 1965. Koran Text. (1997 edition). The Holy Qur’an. University of Virginia: Online Book Initiative. Online at Masoretic Text. (JPS 1917 Edition). A Hebrew-English Bible. Mechon Mamre. Online at

Bullies Should Be Held Legally Responsible Essay

We all know what bullying is. We usually tend to think of it as some huge kid threatening to beat you up if you don’t give them your lunch money. But sometimes, bullying goes so much further than that. Sometimes bullies go too far, and their victims make the unfortunate choice of ending their own lives. As awful as it is, it happens every day, and the worst part about it is those bullies aren’t held legally accountable for their actions, but they should be. Bullying is a form of harassment. It damages people physically and mentally. Even though the â€Å"normal† type of harassment is illegal, bullying someone literally to death isn’t. Rebecca Ann Sedwick was one of those victims who were bullied to death. She was a 12 year old girl in high school, and several other girls began taunting and making fun of her over a boyfriend issue. The taunting and teasing didn’t let up. Rebecca was both verbally and physically assaulted. One girl was reported tellin g Rebecca to â€Å"drink bleach and die†. Eventually Rebecca couldn’t take it anymore and she climbed to a concrete tower and hurled herself to her death. Rebecca was harassed, which is against the law, but people don’t seem to understand that. In addition to being a form of harassment, bullies should be held legally accountable for their actions because those who bully know the difference between right and wrong. In the case of minors, when bullying gets brought up, many people bring up the fact that their brains are not fully developed until the age of 20 or so. This is true, and I do not dispute it. However, just because their brains aren’t entirely developed does not mean that shouldn’t be held accountable for their actions. If a minor cheated on a test, would the claim about their brains be considered legitimate and make it to where they don’t receive punishment? Of course not, so why should bullying someone to death be any different? Finally, bullies should be legally responsible for their actions because it would act as a deterrent. When most people bully, they don’t really have any fear of consequences because they know that there really aren’t any, which is exactly why there should be serious consequences. Because of the lack of punishment, people just say hurtful things constantly without any thought about what might happen as a result. That is completely ridiculous and something must be done about it. If people knew that their bullying harassment might land them in jail, they would certainly think twice before making those nasty, attacking comments that cause such tremendous harm.  Those who have been victimized to their breaking point deserve justice, and holding their tormenters legally responsible is the only way they will receive it. The problem is, when someone has finally had enough of being bullied and they end their lives, no one sees it as anyone else’s fault but their own. Somehow suicide isn’t as bad as murder, when in fact, its every bit as devastating, if not even more.

Proto-Oncogenes Their Role in Cancer Article Example | Topics and Well Written Essays - 1250 words

Proto-Oncogenes Their Role in Cancer - Article Example Specific genes of chicken and rodent retroviruses were first noted to transform normal mammalian cells in culture. These cancer-causing genes (oncogenes) proved to be activated homologues of mammalian genes (proto-oncogenes), which were stolen from the host cell during viral evolution. Primary human cancers harbor similarly activated alleles of proto-oncogenes (Haber, 2006) Some of the mechanisms by which proto-oncogenes are activated in human cancers include: point mutations, gene amplification, and chromosomal translocations. These mutations are known as gain-of-function mutations because â€Å"they result in novel or altered functional properties for the encoded protein and are genetically dominant over the second normal allele†(Haber, 2006) Proto-oncogenes can be classified based either on their normal function within cells or upon sequence homology to other known proteins (National Science Teachers Association. 2001). â€Å"Proto-oncogenes that were originally identified as resident in transforming retroviruses are designated as c- indicative of the cellular origin as opposed to v- to signify original identification in retroviruses† (National Science Teachers Association. 2001). The classification listed below includes only those genes that have been highly characterized (National Science Teachers Association. 2001). Of particular interest is the ras family of proto-oncogenes. There are three homologs of this gene, H-ras, K-ras, and N-ras, and these have been detected in more human tumor types and at a higher frequency than any other oncogene (Anderson et al., 1992). They acquire transforming activity by a point mutation in their coding sequence. Invivo, activating point mutations have been observed in codons 12, 13, 61, 117, and 146 (Anderson et al., 1992).

Physical Resource Operations Assignment Example | Topics and Well Written Essays - 6500 words

Physical Resource Operations - Assignment Example 20 yrs 500 6250 1 yr Rogers 7005 Kitchen Coolers Kitchen 6/6/2004 Jarvis 2300 10 yrs 0 2300 1 yr Rogers 7006 Kitchen Microwave Rec 6/6/2004 Poolman 350 2 yrs -100 350 1 yr Rogers 8001 Pool Rec 4/7/2004 Galliford 18650 20 yrs 200 19000 3 months Mott 8002 Pool Table Rec 4/7/2004 Galliford 3500 5 yrs -500 3000 1 yr Mott 8003 Sports Equipment Rec 4/7/2004 Galliford 1300 2 yrs -500 1300 3 months Mott 8004 Tennis Courts 4/7/2004 Galliford 16000 20 yrs 4000 20000 1 yr Mott Question 2 Outline Purchase Strategy for Heron that is transportable to larger hotels Heron Hotel Purchase Strategy: Determine funding allocations and assets that are available for the department the purchase is to be proposed too by consulting with management team and discussing limitations of the proposed budget as well as liabilities that the purchase may create to ensure that there is a balance between assets, goals and liabilities. It is important that the price of the purchase will not exceed the allocated budget without senior management approval. It is the financial department's responsibility to determine any grants, loans and fiscal liabilities that may be involved with the purchase as well as the value of the assets and services that will be acquired. For the following, develop three alternatives in vendor and resources of the proposed purchase to outline available options. It is held in utmost importance to determine, describe and present the physical characteristics of purchase and the way in which the proposal will assist the facility's goals and the departments that will be involved in the purchase. This will ensure that there is not a difference in purchase traits compared to the needs of the business. List the items involved in the purchase and evaluate the cost as it relates to... It is held in utmost importance to determine, describe and present the physical characteristics of purchase and the way in which the proposal will assist the facility's goals and the departments that will be involved in the purchase. This will ensure that there is not a difference in purchase traits compared to the needs of the business. It is especially important to determine what resources are necessary to utilize the purchase as well as determine any rudimentary costs that will be involved to determine the full cost of the purchase, state these regarding the short and long term costs and the effective outcomes. It is also important in the purchase proposal to determine the long and short term values of the purchase and the holistic effect on the facility by discussing with financial and marketing managers to ensure that it is within the resource budget and determine if any liability will be caused and if that liability can be afforded, but also ensure that it is within business and marketing strategy. Furthering on the discussion with marketing and financial officers, evaluate relationship of purchase to business goals and plans to determine if purchase will enhance or hinder the profitability of the hotel, and if said purchase is feasible within the budget limitations. Define choice of supplier from a minimum of two

Questions Research Paper Example | Topics and Well Written Essays - 750 words - 2

Questions - Research Paper Example As a science, curriculum design is not a onetime process, but a continuous process with five phases. These phases are: Assessment, Research, Design, Improvement and Curriculum (Avenues, 2014). The process is continuous in the sense that at the output level (curriculum), there is still assessment being done. As a science the curriculum design involves a lot of research so as to come up with a suitable product. There is therefore need of reexamining the curriculum, its fine- tuning and improving it both within the projects and the end of the projects. It is like monitoring and evaluation, to come up with the best outcome. Morality as a principle contributes to my curriculum design philosophy. I believe in doing what is right not only to me, but to the general public. I do believe that I should come up with curriculum design that will benefit my employer, my colleagues in the place of work and the public in general. Given that one of the attributes of Curriculum design is that it is deliberate, I do believe it should be done with good conscious of not harming anyone but changing the lives for the better. It involves therefore the process of identifying what will be done, at what time it will be done, by whom and when with set kind of responsibility to ensure accountability (Avenues, 2014). The principle of Curriculum Design as a knowledge is of much importance. It views curriculum design as not trial and error stuff, but something to be done by professionals. One of the attributes of Curriculum Design is that it is creative. At every stage of curriculum design there are opportunities of novel concepts, innovative and inventive introduction (Avenues, 2014). It requires an idea of how, where and when to place a puzzle and what to expect in return. It needs one to understand the goal set and come up with ways to meet that goal. The Subject centered design is based on the belief that what makes

Logos in Adverstising Essay Example | Topics and Well Written Essays - 3500 words

Logos in Adverstising - Essay Example The paper tells that the logo that is used with fashion is one of the most important concepts that are used, specifically because it relates not only to the corporate identity but also to fashion statements. The products and the logos which are connected to these become the link to style that is used. The product of fashion then becomes dependent on the brand logo and the relationship which this creates to different consumers. Understanding and evaluating this links creates a stronger understanding of how brand identity can be altered with the fashion statements that are available. The concept of advertising and brand identity has become more important and relevant with the growth of businesses into modern times. It has been found that advertising is not only able to establish a company and the identity which they hold. It also creates a sense of value that is added to the company and the way in which consumers perceive this. Creating a sense of added value leads to a conscious choic e of one linking to the identity of the brand, specifically because the mind relates to the brand. The psychological relationship to the brand then continues to develop by creating a relationship to the consumer. If the brand identity is not strong, then the conscious choice of the consumer also focuses on how the product or service won’t be able to provide the best results. For the strong brand identity, is a relationship that the consumer creates that is developed from the belief that the brand is able to provide more value to one’s life, identity and the use of products that are associated with this. ... As the international brands continue to grow are more distinctions that fashion industries are required to make that help with the recognition of the brand. The image, advertising and the global campaigns that are created need to move across boundaries and focus on creating an international culture that recognizes and relates to the fashion which is established. The use of specific campaigns is one which creates separation from the identity and the celebrities which are used. However, the brand that is used is able to move across boundaries, specifically because it is recognized as the latest fashion statement of the brand, as opposed to a specific culture. As the world and the international concepts become even more established are specific associations with creating a strong identity against competitors and which helps with the recognition of the global consumer (Moore, Fernie, Burt, 919). Relationships of Brand Identity The concept of building a strong brand with fashion for the m arket is one that is shown through a variety of examples. Brand identity that is used within the international market is one which is identified specifically by creating a relationship with consumers. This moves outside of cultural identity and into attitudes which describe the clothing and fashion and which create a different response within the market. For example, the Hilfiger brand is one which is known to carry specific attributes and styles. Most describe this as couture clothing through the advertisements and brand name which follows this. The styles that follow continue with the overall creation of couture clothing that is recognized with the brand name. By keeping this specific attitude,

Assignment 2 Case Study Example | Topics and Well Written Essays - 750 words

Assignment 2 - Case Study Example The existing Infection Control Process was not using any information technology. The analysis of the current process reflected that the process was inefficient because of the fact that no information technology tool or method by the Infection Control Practitioners was being used after receiving the infection reports. The Infection Control Process was taking longer time because of different tasks which were being done manually. The reports and the patient charts were reviewed manually as the reports about infections were printed. Analysis of the Infection Control Process revealed that around 30 percent of the time of the Infection Control Practitioners was taken by the process of screening important reports and documents. Another issue with the existing Infection Control process was about the involvement of the Infection Control Practitioners in the overall notification activities. The main role in controlling the infections is of the Infection Control Practitioners, but they were not directly involved in the Infection Control process. ... During the process of improvement a whole new work flow was developed to support the Infection Control process (Christian and Fischer, 564). The notification part of the Infection Control process was not changed in the new proposal. In the proposal of new model of Infection Control process it was suggested that the link between the process of notification and the follow up process should be made more open and explicit. As a result the processes of notification and follow up were integrated together, so that the follow up process is started instantly after the process of notification about infectious diseases. This allowed to reduce the overall time consumed by the Infection Control process. Apart from this it was suggested to use the information technology and systems in order to eliminate the excessive manual work. The whole process of follow up was streamlined so that there should be proper automation because of the utilization of workflow. For this automation WFMS was integrated w ith the process. The Infection Control practitioners were able to directly access Soarain along with other IT support. This all contributed in minimizing the requirement of manual activities’. The use of information system in the process allowed larger margin of improvement because of more automation of work which in turn resulted in reduction of time consumed in the overall Infection Control process. RECOMMENDATIONS FOR FURTHER IMPORVEMENT AND BUSINESS PROCESS REENGINEERING: The new Infection Control process resulted in improving the quality and performance of the process considerably, but there is still more room for improvement. There are several factors which if modified will result in providing more efficient result. Apart from

Leading an Educational Idea Research Paper Example | Topics and Well Written Essays - 4000 words

Leading an Educational Idea - Research Paper Example This inquiry presents a literature review on how assessment informs learning, methodology used in the study and analysis of information obtained. Introduction Teachers have to administer complicated and challenging situations, harmonising the personal and communal pressures of a crowd of more learners while activating the circumstances for educational success. This process can only be achived through assessment. The question raised by the common Teacher, is therefore how does the idea of assessment fit within the context of Teaching and Learning. The process of educational assessment is an important part of instruction and learning. Established assessment activities assist teachers and learners appreciate what they have gone through, the situation they are in, and the next move. One single assessment cannot give adequate information to information and develop the teaching and learning process. Crick states that using diverse assessments as an element of teaching, provides realistic i nformation concerning learner’s development. Some of the terms that will be relevant within my inquiry are: Formative assessment This is the assessment that is ongoing and normally conducted during the teaching learning process. The instructor does teach and evaluates after teaching to find out if objectives have been achieved (Wang, 2007). Summative assessment; assessment conducted at the end of a program (Wang, 2007). Student-directed Assessment; This assessment allows students to become effective users of assessment information. Students can become proficient users of student-directed assessment strategies such as conferencing, self-assessment, peer assessment and goal setting (Wang, 2007). Assessments that straightforwardly involve learners assist them learn significant skills that they will be in a position to use as permanent learners. They become skilled at to be contemplative and approachable, to believe about their own hard work, to be productive in self- measurement and peer measurement, and to make available precise information that elaborates on the differentiation (Wang, 2007). Conferencing Conferences are more often than not short, relaxed meetings whispered with individual learners or a little group of learners and entail investigative listening, penetrating and responding. Questioning are conferences done to gather detailed information. They may require a collection of questions targeted for an exact reason or a prescribed set of on paper questions to which a learner responds in inscription. For illustration, instructors may call for information about a learner’s use of manuscript and use an official consultation or gathering to question in a straight line connected to a fastidious characteristic of the learners’ performance (Pontus and Thornton, 2008). Portfolios; A portfolio is a determined collection of learners’ work samples, learner personality -assessments and objective statements that reproduce learnersâ€℠¢ progress. Learners usually select the activities samples to identify in the portfolio; however, the instructor may also advocate that precise activities samples be incorporated. Portfolios are commanding tools that permit learners to see their educational growth from status to grade. Goal Setting; Goal setting follows of course out of personality -assessment, colleague assessment and conferences. Learners and

Facts of the Case Essay Example for Free

Facts of the Case Essay On May 1967, Carole D. , an international model and Gerald D. , a top executive in a French Oil company got married. They established a home where they lived as husband and wife. Two years later, Carole got involved in an adulterous affair with her neighbor Michael H. Subsequently, Carole gave birth to Victoria D. and in the birth certificate Gerald was named the father of the child. Immediately after the delivery of the child, Carole D. confided to Michael H. that she had strong reasons to believe that he was the real father. A group blood test was taken which only confirmed their suspicions that indeed Michael was the real father. In light of this discovery, Carole paid Michael a brief visit at his place, during which time, Michael held out the daughter as his very own. Not long after, Carole left Michael to live with another man and later returned to Gerald. After a series of failed attempts to see his daughter and having been rebuffed by Carol a few times, Michael filed a filiation action in California Superior Court to establish his paternity and right to visitation. The child Victoria, in a cross-complaint filed through an appointed attorney and guardian ad litem, asseverates that if she had more than one psychological or de facto father, she was entitled to maintain her filial relationship, with all of the attendant rights, duties, and obligations, with both. Issues of Law: The law at issue in the case at bar is the California statute holding that â€Å"a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be parents of a child of the marriage†, unless such presumption is rebutted by competent blood-group test results declaring otherwise. Likewise, a motion for which must be filed in court not later than two years from the date of the child’s birth by the husband, or by the natural father after an affidavit recognizing paternity has been filed in the appropriate period allotted by law, [Cal. Evid. Code Ann. 621(a), (c), (d) (West Supp. 1989)]. Legal questions: Petitioner avers an abridgment of his rights to procedural and substantive due process of law insofar as he was barred from demonstrating his paternity through blood tests, and that the overriding social policy of protecting the integrity of the family unit, stemming from the husband and wife relationship, prevented him from exerting his natural rights as a father over his natural daughter. He argues that the protection of Gerald’s and Carol’s marital union is an insufficient state interest to deny him the right to continue filial relationships with Victoria. Tradition espoused in marital union must give way to his inalienable natural right as a father. The main issue is whether or not the relationship between Michael and Carol, as a family unit, has been recognized as valid in society, or that history has in any way accorded special protection to their extra-marital union. Cross-complainant, on the other hand, invokes the equal-protection clause in addition to her right to due process. She argues that by denying her full enjoyment of being with her natural father, the State does, in turn, discriminate against her status as an illegitimate child. Court Opinion and Holding: The decision of the California Superior court appealed from is affirmed. The State, its laws and the society in which they are ensconced largely favor the strength and solidarity of marital unions. Absent a clear showing that neither the husband nor the wife are incapable of conceiving and bearing a child, or that the husband had no access to his wife when the child was conceived, the presumption that the child born out of their marriage is theirs can not be refuted. Presumption of legitimacy in a valid marital union is a fundamental principle of common law. The rationale for applying the presumption lies at the fact that the heirs must be protected against allegations of illegitimacy when the rights of succession and inheritance are in question. It is also a means to prevent indiscriminate and spurious claims to the illegitimacy of the children of the family in order that the stability of state and family is preserved. Michael’s claims find no meaning in the extant pages of jurisprudence and history where a man was ever successful in asserting his paternity of a child with a woman as the wife of another man in the subsistence of a valid marriage. Thus, Michael’s contention is devoid of social merit and legal cognizance. Cross-complainant’s concern that she is discriminated against as an illegitimate child is likewise unmeritorious. For one, she is considered legitimate in the eyes of law and second, she possesses all the rights and obligations of a legitimate child. No discrimination whatsoever arises. Student Opinion: Dura lex sed lex. The law is harsh but is the law. In this case, the court understandably had to uphold social traditions and legal construct against the claims of natural rights of Michael simply because the technological means of proving paternal filiations are not that abjectly convincing. The court’s adamant refusal to at least grant Michael the right of a natural father, much less give him visitation rights bespeaks of its desire to maintain social order no matter the psychological and social ramifications it may bear on both Michael and Victoria. Yet science has progressed at such a gallop that was then science fiction is now science fact. DNA typing and other competent methods of accurately confirming a person’s legitimacy, may completely trump legal rhetoric argued in this case. Perhaps, in future test cases, in light of DNA technology, the court would be more willing to deviate from the norm in favor of fathers of children outside of a legally subsisting marriage. Hopefully, the presumption espoused in this case will no longer find application before concrete and hard scientific facts and the court would be more lenient to the Michael’s and Victoria’s of society.

Strain Theory by Robert Merton | An Analysis

Strain Theory by Robert Merton | An Analysis In criminology, the strain theory describes social structures inside society that may support people to carry out crime. Following the work of Emile Durkheim, Strain Theories have been supported by Robert King Merton, Albert K. Cohen, Richard Cloward and Lloyd Ohlin, Robert Agnew, and Steven Messner and Richard Rosenfeld. Strain may be either: Structural: this applies to the procedures at the community level which break down and impact how one judges their requirements, i.e. if specific social controls are insufficient or there is little regulation, this may alter the individuals outlook as to methods and prospects; or Individual: This term represents the hostility and barriers faced by persons as they look for ways to fulfill their needs or desires, i.e. if the norms of a society become important to a person, in fact accomplishing them may become more significant than the methods. The History of Strain Theory Strain theory was created from the work of Durkheim and Merton and derived from the theory of anomie. Durkheim concentrated on the reduction of societal control and the strain that was caused at the individual level, and Merton analyzed the cultural connection that is present between the individual and the standards of society. Anomie can be split into two separate levels. The first of these levels is the macro side of anomie, which is apparent in the capacity of society to establish restrictions on societal norms and goals, and ultimately control an individuals conduct. The micro side of anomie, also called as strain theory, is focused on the motives underlying the bigger probability of deviance that accumulates from the breakdown of society. In accordance with this micro side of anomie, the reduction in societal controls generates more desire to perform deviant actions (Agnew Passas, 1997:2-3). Agnew and Passas (1997) dealt with the similarities between the macro level of anomie and control theory; however, they claimed that the micro level theory of strain should be judged in a distinct way different from the control theory. Agnew (1992:48) also contrasted and compared strain theory to control theory and social learning theory. The theories vary in the kind of social relationships that they emphasize and the motivations on which they are established. The control theory hinges on the notion that the breakdown of society frees the individual to carry out crime; strain theory is motivated on the strain that is put on the person to carry out crime (Agnew, 1992). Social learning theory is founded on the fundamentals from a group that bring about a constructive or positive view of crime (Agnew, 1992). In accordance with strain theory, individual deviance is created due to negative treatment from others, and this causes anger and disappointment (Agnew, 1997a). Control theory, tho ugh, is founded on the lack of significant relationships with non-deviant others, i.e. family, church, and social learning theory is based on positive interactions with other that are considered deviant. (Agnew, 1992). The attractiveness of strain/anomie theory began in the late 1960s owing to the need of data presented by analysts and the political and social environment of the decade (Agnew Passas, 1997). The lack of supporting evidence can be due to many deficiencies in the original methods used by the analysts (Agnew Passas, 1997). Generalization of the theory and an ignorance of the earlier revisions caused a body of work that distorted the original definition of anomie/strain theory (Agnew Passas, 1997). Together with these deficiencies, modern theorists have claimed that empirical evidence in fact supports the theory (Agnew, Cullen, Burton, Evans, Gregory 1996). Mertons Strain Theory: Economic Goals, Educational Means Delinquency In the history of modern criminology, few theories have realized the impact of Mertons (1983) theory of strain and deviance. It has withstood a half-century despite a sizeable amount of literature opposed to its theoretical basis. Disillusionment with its empirical verification, on the other hand, has caused many to discard it as a possible explanation for delinquency (Hirschi, 1969; Johnson, 1979; Kornhauser, 1978). In view of the fact that the strain theory incorporates both mental and structural account for crime, its dismissal would be a critical loss to criminology. Together with reservations about the significance of social class in the birth of crime, the denial of Mertons theory of structurally induced strain could create a typical shift toward theories of individual behavior lacking structural context. The historical significance and unique contribution of strain theory deserves a re-examination before its final rejection. Mertons original explanation of strain was criticized for its theoretical uncertainty (Cohen, 1955; Lindesmith Gagnon, 1964). For instance, Merton gave examples of deviance perhaps linked with different methods of adjustment although he did not offer any statements regarding the methods by which each adaptive method might impact various crime results (Clinard, 1964a). The consequences of this type of vagueness are apparent in trials for the research of strain impacts on juvenile delinquency. The theory appears to mean that innovation causes utilitarian kinds of delinquency although does not state whether strain clarifies common kinds of juvenile crime for example sabotage or personal crimes of a non-utilitarian character (Gibbons Jones, 1975; Thio, 1975). The theory is implied as to whether strain should foresee crime prevalence or frequency or both, or critical against non-critical types. Akers operationalization of Agnews theory: Sources of strain Akers (2000) has operationalized Agnews version of the Strain Theory, as follows: Failure to achieve positively valued goals: the gap between expectations and actual achievements will derive from short- and long-term personal goals, and some of those goals will never be realized because of unavoidable circumstances including both inherent weaknesses and opportunities blocked by others; and the difference between the view of what a person believes the outcome should be and what actually results increases personal disappointment. Frustration is not necessarily due to any outside interference with valued goals, but a direct effect on anger, and has indirect effects on serious crime and aggression. Agnew and White (1992) have produced empirical evidence suggesting that general strain theory was positively able to relate delinquents and drug users, and that the strongest effect on the delinquents studied was the delinquency of their peers. They were interested in drug use because it did not appear to represent an attempt to direct anger or escape pain, but is used prim arily to manage the negative affect caused by strain. Up to this stage, strain theory had been related with types of strain as opposed to sources of strain while the stress of ones surroundings can be shown to involve with the expectations of just and fair results. These may be major events or minor hassles that build up and discourage over time. Frustration causes disappointment, bitterness, and anger all the emotions normally linked with strain in criminology. It is normal for persons to feel pain when they are refused fair compensations for their efforts, especially when measured against the endeavors and compensations given to others for similar results. Agnew (1992) deals with anger as the most decisive emotion as it is almost always aimed outwards and is generally linked to breakdowns in relationships. Study shows that the stress/crime relationship seems to hold regardless of guilt emotions, age, and capacity to deal with when events take place simultaneously or in close sequence. Robert Agnew In 1992, Agnew maintained that strain theory could be fundamental in describing crime and deviance, however that it required review so that it was not attached to social class or cultural standards; however, re-focused on self standards. He mapped out a general strain theory that is neither structural nor interpersonal; however, emotional and motivated on an individuals direct social status. He claimed that an individuals concrete or anticipated failure to realize positively valued objectives, actual or expected removal of positive values, and actual or anticipated presentation of negative motivation all results in strain. Strain appears from negative relationships with others. If persons are not dealt in the way that they anticipate or want to be dealt, they will lose their trust in the role others play for achieving goals. Anger and disappointment support unconstructive relationships. This will generally involve more one-sided action since there will be an innate wish to avoid unwanted rejections, supporting more general isolation. If specific rejections are general feelings that the situation is unjust or unfair, stronger and more negative feelings may inspire the person to engage in crime. This is especially true for younger people, and Agnew proposed that study concentrate on the overall , currency, duration, and grouping of such stressful events to find out whether a person deal with strain in a criminal or compliant way. He especially found temperament, intelligence, factors interpersonal skills, relationship with criminal peers and conservative social support important factors of self-efficacy. Robert Dubin Dubin (1959) judged deviance as a task of society, disputing the hypothesis that the deviant action resulting from circumstances of anomie is essentially damaging to society. For instance, a person in the ritualistic environment is still playing by the regulations and contributing to society. The only deviance lies in discarding one or more of its prescribed objectives. Dubin maintained that Mertons concentration on the interactions between societys stressed objectives, and institutionalized agreed methods was insufficient. Dubin thought an added difference should be made between cultural objectives, organizational methods and organizational standards since individuals identify standards individually, explaining them and operating them in a different way. The individual educational skills, principles, and behaviors may influence a person to internalize a norm one way. Another individual with different experiences may justifiably internalize in a different way. Both may be doing realistically in their own terms; however, the behavior is different. Dubin also expanded Mertons classification to fourteen, with particular focus in Innovation and Ritualism. Merton put forward that the new response to strain was linking the objective, although discarding the organizing agreed methods of realizing the objective. The connotation appeared to be that not only did the person discard the methods, he must vigorously innovate unlawful methods as a replacement which would not always be correct. Dubin also believed that a difference should be made between the real behavior of the individual and the principles that pushed the behavior. Rather than Innovation, Dubin put forward Behavioral Innovation and Value Innovation. Likewise, in Ritualism, he put forward Behavioral Ritualism and Value Ritualism (Dubin, 1959). Merton (1959) remarked on Dubins changes, claiming that although Dubin did make suitable contributions, they took the motivations off of deviancy. Operationalizing Strain for Juveniles Merton termed strain as an individuals response to a dysfunction between objectives and accessibility to the socially accepted methods for their achievement. Mertons original writings (1938; 1957) appear to spell out clearly that economic wealth is a principal goal in the meritocratic society and that education is the conservative ways for realizing wealth. At present, for instance, a college degree is usually considered as a minimum requirement for entry to a good job or professional job. Strain would be possible when a person is firmly dedicated to making much wealth nevertheless considers college as outside attainment. It is thought that structurally induced strain amongst juveniles would be considered correctly as the dysfunction between economic objectives and hopes for finishing college. On the contrary, the preferential operationalization of strain in delinquency researches has been the difference between educational aims and hopes. The argument for using this evaluation is that job expectations are less helpful as objectives for juveniles since these expectations are too far removed from their conscious concerns (Agnew, 1986, 1984; Elliott, Huizinga, Ageton, 1985). This normally used measure deviates considerably from Mertons theory. If strain is redefined completely in the field of education, the educational methods in Mertons original theory become both objectives and methods, and the central theoretical significance of economic objectives is lost. The basis for this version of strain for juveniles is challenging. Although juveniles may have trouble in thinking about future jobs, their financial aspirations may be strong and clear. For both hypothetical and rational motives, as a result, juvenile strain is a product of the dysfunction between economic objectives and educational prospects rather than as a dysfunction between educational aims and prospects. Conclusion In 1969, Hirschi proposed within a control outlook that high expectations to customary objectives performed as limitations on delinquency (1969) and that the calculation of a measure of strain would not enhance the descriptive competence of dedication alone. As against the strain position that high expectations in the presence of low expectations raise the chances of delinquency, Hirschi (1969) presumed that the (negative) relation between aspirations and delinquency (supportive of control theory) does not reverse when expectations are held constant. His assessment using educational expectations showed that while higher goals reduced the chance of delinquency in his sample, differences in educational expectations are not significant in the causation of delinquency for two reasons: few boys in the sample have expectations considerably beyond their expectations; and those boys whose expectations far exceed their expectations are at no greater risk to be delinquent than those boys whose expectations are the same (1969). More researches by Liska (1971) with several data sets strengthened Hirschis result. Similar to Hirschi, Liska computed juvenile strain as the dysfunction between educational expectations and reported results showing that Mertons stress proposition might be interpreted more simply by dedication or control theory. Therefore the most overwhelming criticism of strain theory relates to its noticeable failure in empirical research, mainly its failure in relation to control theory (Johnson, 1979; Kornhauser, 1978). In contrast, the majority of the studies supporting such results ignored the importance of economic success objectives in creating strain (Bernard, 1984). Hirschi recognized the possible value of income expectations in testing control and strain proposals (1969). His and Liskas denial of strain theory, though, depended on the assessment of objectives and methods as educational expectations Is EC Law Compatible with Parliamentary Sovereignty? Is EC Law Compatible with Parliamentary Sovereignty? Is the primacy of EC law over inconsistent UK statutes compatible with the doctrine of Parliamentary Sovereignty? The notion of Parliament as the supreme law-making body in the UK is a long-standing shibboleth of the British constitution[1]. Acts of Parliament have traditionally been deemed to be the highest form of law in the UK, and the courts were denied the authority to challenge them[2]. In 1972, however, the signing of the Treaty of Rome brought the UK within the scope of EC law[3]. The European Court of Justice has emphasised the primacy of EC law over the national law of its member states[4] and national courts are expected to recognise this. The British courts’ apparent capitulation[5] might suggest that Parliamentary sovereignty has now been usurped by the primacy of EC law. If true, this would be a major upheaval in our constitutional framework. However, on a closer analysis it seems that accession to the EC has had a less revolutionary effect on the British constitution than was initially feared. This paper will consider the relationship between these two seemingly irreconcilable doctrines and examine the question of whether they are capable of co-existence. Parliamentary Sovereignty Parliamentary sovereignty has a lengthy history in British constitutional law[6]. The definitive analysis was provided by Albert Dicey in the late 19th Century in his text Introduction to the Study of the Law of the Constitution[7]. Essentially, the principle provides that Parliament is the highest law-making authority in the UK. It â€Å"has the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.†[8] Dicey expands on this assertion to emphasise that Parliament was competent to pass laws on any subject[9]. The only thing that it could not do is bind its successors[10]. Furthermore, the courts lack the authority to challenge any statute that has been enacted using the correct procedure[11]. Primacy of EC Law Britain acceded to the European Communities in 1973, with the signing of the Treaty of Rome. EC law was given effect in Britain through the enactment of the European Communities Act 1972, which gave direct effect and application to EC law[12]. Article 10 of the Treaty of Rome, as amended, states that there is a duty on all member states to comply with Community law and not to impede its application and the European Court of Justice has vociferously emphasised its expectation that EC law will prevail where it conflicts with the domestic law of member states[13]. In Costa, for example, the ECJ states that â€Å"the precedence of Community law is confirmed by Art 189 (now 249) EC, whereby a regulation â€Å"shall be binding† and directly applicable in all Member States†[14]. In other words, EC law takes primacy over domestic law. The British courts have since demonstrated their willingness to comply with this instruction[15]. In Factortame No. 2[16], for example, Lord Bridge stated that â€Å"under the 1972 Act, it has always been clear that it was the duty of a UK court when delivering final judgment to override any rule of national law found to be in conflict with any directly enforceable Community law.†[17] Conflict between the doctrines The potential for conflict here is self-evident. The courts cannot serve two masters but, as long as these two competing doctrines co-exist, this effectively appears to be what they are being asked to do. On the one hand, Parliamentary sovereignty dictates that the courts have no right to question an Act of Parliament. On the other, EC law, which declares itself to be supreme, expects national courts to declare Acts of Parliament invalid to the extent that they are inconsistent with EC Law. On a practical level, it appears that the primacy of EC law has overwhelmed Parliamentary Sovereignty. The UK courts have grown more comfortable with applying EC law where it conflicts with UK statutes and EC law has become an accepted part of the British legal system. As Munro points out, however, it is important to remember that Parliamentary sovereignty is a legal doctrine[18]. It is not concerned with the political or practical effects of accession upon the authority of Parliament, but with whether, legally speaking, parliamentary sovereignty is preserved[19]. This is an important consideration. In cases that followed the enactment of the 1972 Act, Lord Denning attempted to reconcile the apparently conflicting norms[20]. He argued that, although EC law was treated by the courts as prevailing over conflicting domestic law, EC law was only offered this status on the basis of an Act of Parliament, the 1972 Act. As the 1972 Act has no greater status than any other parliamentary statute, it could be repealed by an express provision in a subsequent Act of Parliament. The legal concept of Parliamentary sovereignty is therefore preserved.[21] The 1972 is not presented as being in any way superior to a normal Act of Parliament[22]. Indeed, during the ministerial discussions that preceded the passing of the Act it was acknowledged that any attempt to do so could readily be overturned by a subsequent Parliament[23]. Of course, the doctrine of implied repeal cannot operate in respect of the 1972 Act since it is not considered to be overridden by subsequent contradictory enactments. As Munro points out, however, this is a characteristic shared by other legislation and does not necessarily threaten the sovereignty of Parliament[24]. Ward believes that parliamentary sovereignty is an archaic legal fiction that ignores political realities and serves no purpose in a modern setting shaped by the twin influences of globalisation and decentralisation of power[25]. He considers that we would be best served by abandoning the idea of Parliamentary sovereignty in favour of a â€Å"new constitutional order†[26]. However, even he acknowledges that, on the legal plane at least, the concept of Parliamentary sovereignty undoubtedly continues to exist alongside EC law[27]. Conclusion As Munro has argued, is important to distinguish the legal concept of Parliamentary sovereignty from a political or pragmatic interpretation of the term. While it may be that repeal of the 1972 Act and withdrawal from the EC would be impossible in real terms, Parliament retains the legal option to do this. Therefore, it is theoretically possible to reconcile the apparently conflicting doctrines within our constitutional framework. BIBLIOGRAPHY Barnett, H.A. Constitutional and Administrative Law (Cavendish: London) 2004 Bradley, A. â€Å"The Sovereignty of Parliament – Form or Substance?† in Jowell, J. and Oliver, D. The Changing Constitution (Oxford University Press: Oxford) 2004 Dicey, A.V. Introduction to the Study of the Law of the Constitution (Macmillan Education: Basingstoke) 1959 Goldsworthy, J.D. The Sovereignty of Parliament: History and Philosophy (Oxford University Press: Oxford) 1999 Munro, C. Studies in Constitutional Law (Butterworths: London) 1999 Ward, I. A Critical Introduction to European Law (Butterworths: London) 1996 Ward, I. The Margins of European Law (Macmillan Education: Basingstoke) 1996 Algemene Transport en Expeditie Onderneming Van Gend en Loos v Netherlands Inland Revenue Administration [1963] C.M.L.R. 105 Costa v. Ente Nazionale per lEnergia Elettrica (ENEL) [1968] C.M.L.R. 267 McCarthys Ltd v Smith (1979) 3 All ER 325 R v Secretary of State for Transport ex p. Factortame Ltd (No. 2) [1991] 1 A.C. 603 (HL) 1 Footnotes [1] See generally Goldsworthy, J.D. The Sovereignty of Parliament: History and Philosophy (Oxford University Press: Oxford) 1999 [2] Bradley, A. â€Å"The Sovereignty of Parliament – Form or Substance?† in Jowell, J. and Oliver, D. The Changing Constitution (Oxford University Press: Oxford) 2004 (hereinafter â€Å"Bradley†) at 28 [3] Barnett, H.A. Constitutional and Administrative Law (Cavendish: London) 2004 (hereinafter â€Å"Barnett†) at 192 [4]Ibid [5] Bradley supra note 2 at 46 [6] See e.g. Munro, C. Studies in Constitutional Law (Butterworths: London) 1999 (hereinafter â€Å"Munro†) at 127 [7] Dicey, A.V. Introduction to the Study of the Law of the Constitution (Macmillan Education: Basingstoke) 1959 (hereinafter â€Å"Dicey†) [8] Dicey supra note 7 at 39 [9] Ibid [10] Dicey supra note 7 at 44 [11] Dicey supra note 7 at 45 [12] Munro supra note 6 at 201 [13] See e.g. Algemene Transport en Expeditie Onderneming Van Gend en Loos v Netherlands Inland Revenue Administration [1963] C.M.L.R. 105 (hereinafter â€Å"Van Gend en Loos†) and Costa v. Ente Nazionale per lEnergia Elettrica (ENEL) [1968] C.M.L.R. 267 (hereinafter â€Å"Costa†) [14] Costa supra note 13 at 271 [15] Bradley supra note 2 at 46 [16] R v Secretary of State for Transport ex p. Factortame Ltd (No. 2) [1991] 1 A.C. 603 (HL) (hereinafter â€Å"Factortame†) [17] Factortame supra note 16 at 659 [18] Munro supra note 6 at 206 [19] Ibid [20] Ward, I. The Margins of European Law (Macmillan Education: Basingstoke) 1996 (hereinafter â€Å"Margins†) at 76 [21] See e.g. McCarthys Ltd v Smith (1979) 3 All ER 325 [22] Munro supra note 6 at 204 [23] Bradley supra note 2 at 47 [24] Munro supra note 6 at 207 [25] Margins supra note 7 at Chapter 4 [26] Margins supra note 7 at 82 [27] Margins supra note 7 at 85

Iconoclasm And Iconophilia In Islam Religion Essay

Iconoclasm And Iconophilia In Islam Religion Essay Introduction: The purpose of this short essay is to examine Iconoclasm and Iconophilia within the Islamic context. First, the two terms will be defined, elucidating their meaning by also drawing upon other linking terminologies. Second, references from traditional sources, Quran and Sunnah (Hadith) will be discussed to highlight the debates on figural representation from a theological perspective. In relation to this, the next part will briefly discuss the umbrella terms Muslim Iconoclasm or Islamic Iconoclasm and focus on the problematic aspects of such labelling. Subsequently, the last part will contextualise all the preceding arguments to understand and debate the Taliban destruction of the Buddhas of Bamyan in 21st Century. In the end pertinent conclusions will be drawn. Definitions: The point of departure for this essay will be to define the two terms Iconoclasm and Iconophilia and elucidate the duality of these concepts. Moreover, some of the terms associated and derived from these two concepts will also be highlighted. According to wordiq  [1]  , an icon derived from Greek word, ÃŽÂ µÃƒÅ½Ã‚ ¹ÃƒÅ½Ã‚ ºÃƒ Ã¢â‚¬ °ÃƒÅ½Ã‚ ½, eikon which means an image. It is defined as an artistic visual representation or symbol of anything considered holy and divine, such as God, saints or deities. A painting, sculpture as well as a mosaic classifies as an icon. The same source  [2]  defines the word iconoclasm, as literally destructing religious icons sacred monuments and images, for religious or political motives. This is primarily an action done by a person who attacks, breaks and destroys sacred monuments and religious images. Such people are called iconoclasts. This term also refers to a person who has a hatred for established religious institutions and dogmas and images for religious veneration. gods-bull-breaking.gif An Image of an Iconoclastic man with a hammer, breaking a bull icon into pieces. Courtesy of: Word Info image  © Copyright, 2006. As per contra, those individuals who venerate or revere any religious images are called iconodules. In addition, this is linked to the second term in discussion, Iconophilia. An iconophile, is understood as a connotation of images, pictures, engravings, illustrations on books or manuscripts. A person who has a fondness of such images and objects and one who loves these icons, illustrations and pictures is defined as an iconophilist or an iconophil. Moreover, someone who produces such images and pictorial icons is referred to as an Iconoplast  [3]  . With an understanding of the key terms in question, the next part of this essay will discuss the act of destroying cultural and religious icons for obtaining abstraction and conversely by contra the act of making figural representation in light of Islamic tradition. The following part of the essay will first shed light on references from traditional sources that have been used for supporting prohibition of figural representation in Islam. Instruction for Image prohibition in light of Quran and Sunnah (Hadith) In Quran: In the Quran, although there is no specific mention of figural representation/ painting, there are verses which indicate prohibition of idolatry, such as in the following verse, chapter 5, verse 90: O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination, of Satans handwork: eschew such abomination), that ye may prosper.  [4]   Another Surah from the Quran, chapter 21, verses 53-55 states: When he said to his father and to his people, What are these images to which ye pay devotion? Said they,We found our fathers serving them. Said he, Both you and your fathers have been in obvious error. This verse can be interpreted in various ways. One possible interpretation is that it forbids false idols, or another interpretation could be that it indicates that any form of imagery of God or his divine nature is condemned and prohibited. Therefore, this verse has had many interpretations done by theologians, who have used it to ban the act of drawing, painting as well as sculpting figures  [5]  . One may argue that this verse prohibits idolatry as supposed to figural representation. It is commonly argued that the Quran, as compared to the Hadith traditions, is not specific on the subject of figural depiction, however it nonetheless condemns idolatry and uses the Arabic term musawwir (maker of forms, or artist) as an epithet for God (Figural Representatiom of Islamic Art, 2000), due to this sentiment, paintings with figures are made abstract and stylized, moreover, partially as a result of this religious sentiment, many incidents of destruction of figurative art took place (Ibid., 2000). Therefore, in the hadith (the recorded sayings) of the Prophet Muhammad, there are much clearer references to the prohibition of figural representation and painting. It is these hadith which are utilized by the theologians to support and elaborate on the meaning and intent of the above Quranic verse, and, it is from them that many Muslims derive legitimacy for their arguments against figural representation. According to one of the related hadiths to this matter, Aisha, the wife of the Prophet reported that on seeing a curtain embellished with pictures of animals, the Prophet was enraged and tore the cloth to pieces, declaring, The makers of these pictures will be punished on the Day of Resurrection, and it will be said to them, Give life to what you have created. The Prophet added, The Angels of (Mercy) do not enter a house in which there are pictures (of animals). Bukhari, Volume 7, Book 62:110.  [6]  Another source presents additional response by Prophet on the same incident saying Such people as paint these pictures will receive the severest punishment on the Day of Resurrection.  [7]  On another occasion Muhammad is supposed to have said, Verily the most grievously tormented people on the Day of Resurrection would be the painters of pictures.  [8]   As for Iconoclastic activities in early Islamic tradition, there are early accounts of the prophet Muhammads iconoclastic activities, for instance in the ninth-century Book of Idols which narrates that When on the day he conquered Mecca, the Apostle of God appeared before the Kabah, he found the idols arrayed around it. There upon he started to pierce their eyes with the point of his arrow, saying, Truth is come and false-hood is vanished. Verily, falsehood is a thing that vanish-eth (Quran 17:81 as narrated in Faris, 1952, p. 27). It was after having said this, that he ordered for the idols to be knocked down and burnt (Ibid.). According to another source, the same incident is narrated: As told by Ibn Abbas: When the Prophet saw pictures in the Kaba, he did not enter it till he ordered them to be erased. When he saw (the pictures of) Ibrahim and Ismail carrying the arrows of divination, he said, May God curse them (i.e. the Quraysh)! By God, neither Ibrahim nor Ismail practiced divination by arrows. (Bukhari, Volume 4, Book 55:571, as quoted in Kheilen on Iconoclasm).  [9]  These hadith are however subject to various interpretations. It can be argued that this tradition prohibits figural representations in scared spaces, not just Kaaba but also in mosques as well, or it may be suggested that Prophet prohibited the specific cult or set of beliefs that these idols presented, that is divination; a pre Islamic custom on Mecca.(Ibid.  [10]  ) http://lexicorient.com/e.o/x/t.gif According to one Hadith, the Prophet is also reported to declare that Angels do not enter the house in which there are portrayals or pictures.  [11]  . Per contra, one of the oldest chronicles, that of Al-Azraqi, narrates that when the Prophet returned to Mecca victoriously, he found the Kaaba covered with fresco paintings and he ordered that they be effaced but made an exception for one the them, executed on a pillar, which represented Mary and Jesus. (Besancon, 2000, P. 78-79). The ambivalence to figuration in textual tradition is argued by many scholars. This is also reiterated in Rubin (1986, p. 97) and Van Reenen, (1990, p. 40) who reiterate the above tradition by arguing that after the conquest of Mecca the prophet ordered the destruction of the paintings of prophets, angels, as well as trees that had decorated the interior of the Kaaba, whilst sparing an image of Jesus and Mary. Rubin (1986) further argues that although there is a general consensus in Hadith of forbidding representations, some interpretations by traditional schools of thought also go so far as to liken artists to polytheists but these proscriptions may have been a used to promote aniconism (the eschewal of figural imagery) along with iconoclasm (the destruction or mutilation of existing figural imagery). However, he states that despite their efforts Islamic art varies to a great extent across different time and places (Ibid., p. 129-131). Albeit contested and varying in form and interpretation, generally the removal of Meccan Idols in Kaaba upon conquest is deemed very symbolic by Muslims and this event holds great historical importance. It is due to this that generally Muslim societies refrain from figural representations in sacred spaces such as Mosques and Prayer halls. However, this opposition to depiction of living things and figural representation is not based on Quranic references but rather on various traditions present within the Hadith (Flood, 2002, p. 643-44). Muslim Iconoclasm In light of these traditional sources and their interpretation, the next part of the essay will briefly elucidate the concept of Islamic Iconoclasm or Muslim Iconoclasm in light of Muslim history. Among Muslims, it is clear and lucid to refrain from producing figures and life-like images of God, his Prophet, figures who are eminent in Islam as well as all living things. Several Classical traditions and religious sources are interpreted in light of prohibition of figural representation and from time immemorial; these sources are interpreted and used for various religious, as well as political Islamic doctrines. The disdain for figural representation, religious icons and images is often linked to idolatry. In popular literature this is referred to as Islamic Iconoclam and or Muslim Iconoclasm. Note that these terms will be used interchangeably throughout the essay. As noted above, one of the earliest Muslim Iconoclasm was in 630 upon the conquest of Mecca when the deities in Kaaba were destroyed; this holds true despite the presence of what may be an apologetic tradition, that Mohammad spared the statues of Mary and Jesus. This incident is also widely linked to the end of the Jahalliyah period in Mecca, and consequent end to idolatry in Arabia. As for the concept of Islamic Iconoclasm, it is contested and argued by many scholars. According to Besancon (2000), Muslim iconoclasm is a result of the absence of a Covenant that is why the Koran does not take the trouble to positively prohibit the image. He argues that for Muslims the notion of God is transcendent and beyond human comprehension, it is thus discouraging to any figural and imagery associations (P. 81). Grabar (1975) describes the distinction between Byzantine and Islamic iconoclasm by suggesting that in case of Byzantine, Iconoclasm is usually spelled with a capital I and In Islamic iconoclasm it is spelled with a small i. He argues that such secondary typographical distinction demonstrate differences between a historical moments which are then capitalised later or they refer to an attitude or mode of behaviour, to the affect that he claims that for Islamic iconoclasm it is apparently too common to deserve capitalization'(Ibid., p. 45). Such a statement about Islamic iconoclastic acts are devoid of any historical context as it disregards the ample evidence of a tradition of figural representation throughout Muslim art history, and it is this lack of recognition that western authors tend to perceive and associate a long, culturally determined, and unchanging tradition of violent iconoclastic acts within Islamic tradition and Muslim history. (Flood, 2002, p. 641) However, this is not to overlook that in various Muslim denominations there is a continuation of iconoclastic agendas, along with much recent on-going controversy regarding the destruction of Meccan historic buildings(not images) by the Wahhabist authorities who claim that they fear that these buildings were or would become the subject of polytheism and idolatry. (Howden, 2005) According to Kjeilen, this opposition to figural representation and its influence on Muslim iconoclasm have been used many times in Islamic history in order to destroy the representation of gods, divine figures or semi-divine figures of other religions, and the destruction of statues of Buddhas by the Taliban in Afghanistan in 2001 is the modern day example of this. The destruction of the Buddha-statues in Afghanistan in 2001 The following part of the essay will incorporate the proceeding arguments and analyze the Taliban destruction of Buddha at Bamiyan in 2001, so as to examine iconoclastic events in modern day Islamic state and develop a context to debate the preceding arguments. Dupree (2002) describes the saga of the Bamiyan Buddha destruction at Bamiyan as an aftermath of the debate at Supreme court and amongst its Council of Ministers who ordered Mullah Omar, to carry out investigation with the department of religious police (The Ministry for the Prevention of Vice and the Promotion of Virtue) regarding the appropriateness of the National Museums holdings in Afghanistan. It was following these orders that incorporation of Shariah Law was done in order to carry out, what may be suggested here, a political exploitation. The following events then unfolded leading to the total destruction; as narrated by Dupree (2002) specific orders were given to destroy any offending objects in the museum. A couple of weeks later, on the 26th of February, Mullah Omar gave an edict that mandated the destruction of all non-Islamic objects and subsequently on March 8 and 9th, the Bamiyan Buddhas were dynamited (Dupree, 2002, p. 986) taliban-2.jpg Bamiyan Buddha Statue before and after destruction by the Taliban. Image Courtesy of Fortunecity  [12]   Biggs (2003) claims that this destruction of the Bamiyan Buddhas in 2001 is a reminder that monotheism has its roots in the persecution of idolaters, and that the cultural expression of this violence was and remains acts of iconoclasm, however, his argument clearly falls into the frame of what Flood (2002) suggests as an ahistorical paradigm. Floods response to such interpretations is that they overlook the coexistence between the Muslim population and the Buddhas for over a millennium prior to the destruction by Taliban (King, 1985, as quoted in Flood, 2002, p. 654) Bamian1.jpg A general view of the alcoves where the Buddha statues stood before the destruction, Image Courtesy of Embassy of Afghanistan  [13]   According to Floods thesis, many of Talibans own declarations in regards to Buddhas indicate that their destruction was a result of a political motive as supposed to theological, because since the statues were already faceless above chin level, then they would be meaningless in context of Islamic medieval iconoclasm (Flood, 2002, p. 651-655). In addition to this Meskell (2002, p. 562) argue that the causal factors of this cultural heritage destruction is varying. He suggests that it could be due to the Taliban clerics opposition to the pre-Islamic figures that were displayed in the Kabul museum or it may have been due to a visit by Italian Buddhists, the interest of UNESCO in preserving the statues paired with foreign delegation wanting to offer money to preserve these ancient work when millions of Afghan died of starvation (p. 563). Others sources cite various factors such as military operations, internal politics and international relationships (Gamboni 2001). buddha_image.jpg Faceless Buddha statues, prior to Taliban destruction. Image courtesy of: www.deeshaa.org Conclusion : While a full discussion of this topic, incorporating a comprehensive argument on the theological sources, the contested debate on what qualifies as Islamic or Muslim Iconoclasm and the sectarian disputes between factions of different groups of Muslims lies beyond the scope of this short essay. It has nonetheless highlighted that opposition to figural representation is not based on the Quran, but rather on various traditions that are found within Hadith and that these interpretations are subject to interpretation and being utilised for reasons other than theological. The arguments in this essay resonate with Floods (2002) understanding that the destruction of Budhaa was more political and a result of a power autonomy monopoly rather than theologian factor, and that it may have amounted to provoked affirmation of sovereignty by the Talibans, not just upon their territory and the people there but also upon the values that they upheld. This essay intended to use the destruction of Buddha s as an example, to highlight the political aspects of Iconoclastic moments and elucidate that what is largely conceived as a theological impulse is not a timeless response to prohibition of figuration but that it may have been a cultural, social and political discourse of image representation at a particular moment in history.

A Tale of Two Cities Essay: The French Revolution and the Legacy :: Tale Two Cities Essays

The French Revolution and the legacy of A Tale of Two Cities It is a commonplace of Dickensian criticism that the writer was influenced by Carlyle's The French Revolution in A Tale of Two Cities. Taking Dickens's comment that he read Carlyle's history "five hundred times" (I. Collins 46) as a starting point, many critics have discussed Carlyle's influence on several aspects of the novel, such as the narrative technique (Friedman 481-5), the imagery associated with the Revolution (I. Collins 52; Baumgarten 166; Lodge 131-2), and the narration of the historical episodes (Lodge 134; Friedman 489). And yet, Dickens's outlook on revolutionary violence differed significantly from that of Carlyle. As Irene Collins points out, Dickens "dislikes the violence of the revolutionaries, both in its popular form (the mob) and in its institutionalised form (the Terror). Unlike Carlyle, he can no longer see justice in the violence" (53). Moreover, it is Dickens's novel, rather than Carlyle's history, which is responsible for the popular ima ge of the French Revolution in England in our century, not least due to the popularity of A Tale of Two Cities on film and television. The most famous adaptation of the novel is the 1935 MGM production, directed by Jack Conway. The film capitalised particularly on scenes depicting the revolutionary mob: the film critic Derek Winnert describes it as "a wildly extravagant production" with "17000 extras in the Paris street scenes" (1009). The novel was again filmed in 1958 by the British director Ralph Thomas. This production again used a "lavish staging" (Winnert 1009). The novel has proved to be a popular source for television adaptations as well: it was adapted in 1980 and 1989, the first being an ATV production directed by Jim Goddard and the latter an Anglo-French production directed by Philippe Monnier. A Tale of Two Cities promoted the image of a stable England by using revolutionary France as a setting to highlight the contrasts between the two countries, although Dickens seemed to believe in the eighteen-fifties that England was heading towards an uprising on the scale of the French Revolution. In the twentieth century, we see the French Revolution used as a 'lavish' setting in film and TV productions of A Tale of Two Cities. In the preface to the novel, Dickens says "It has been one of my hopes to add something to the popular and picturesque means of understanding that terrible time" (xiii). A Tale of Two Cities Essay: The French Revolution and the Legacy :: Tale Two Cities Essays The French Revolution and the legacy of A Tale of Two Cities It is a commonplace of Dickensian criticism that the writer was influenced by Carlyle's The French Revolution in A Tale of Two Cities. Taking Dickens's comment that he read Carlyle's history "five hundred times" (I. Collins 46) as a starting point, many critics have discussed Carlyle's influence on several aspects of the novel, such as the narrative technique (Friedman 481-5), the imagery associated with the Revolution (I. Collins 52; Baumgarten 166; Lodge 131-2), and the narration of the historical episodes (Lodge 134; Friedman 489). And yet, Dickens's outlook on revolutionary violence differed significantly from that of Carlyle. As Irene Collins points out, Dickens "dislikes the violence of the revolutionaries, both in its popular form (the mob) and in its institutionalised form (the Terror). Unlike Carlyle, he can no longer see justice in the violence" (53). Moreover, it is Dickens's novel, rather than Carlyle's history, which is responsible for the popular ima ge of the French Revolution in England in our century, not least due to the popularity of A Tale of Two Cities on film and television. The most famous adaptation of the novel is the 1935 MGM production, directed by Jack Conway. The film capitalised particularly on scenes depicting the revolutionary mob: the film critic Derek Winnert describes it as "a wildly extravagant production" with "17000 extras in the Paris street scenes" (1009). The novel was again filmed in 1958 by the British director Ralph Thomas. This production again used a "lavish staging" (Winnert 1009). The novel has proved to be a popular source for television adaptations as well: it was adapted in 1980 and 1989, the first being an ATV production directed by Jim Goddard and the latter an Anglo-French production directed by Philippe Monnier. A Tale of Two Cities promoted the image of a stable England by using revolutionary France as a setting to highlight the contrasts between the two countries, although Dickens seemed to believe in the eighteen-fifties that England was heading towards an uprising on the scale of the French Revolution. In the twentieth century, we see the French Revolution used as a 'lavish' setting in film and TV productions of A Tale of Two Cities. In the preface to the novel, Dickens says "It has been one of my hopes to add something to the popular and picturesque means of understanding that terrible time" (xiii).

The Debate Regarding the Freedmans Bureau Essay -- African American B

The Debate Regarding the Freedman's Bureau Historians and political theorists have delineated the concept of equality into two categories: the competitive individualist notion of equality of process and the egalitarian ideal of equality of results. The former is concerned with providing a level playing field for all, while the latter focuses on a just distribution resulting from the process. Richard Ellis, in his book American Political Cultures, challenges the Hartzian thesis that historically Americans favored equality of process over equality of results, making them competitive individualists. Ellis argues that â€Å"what is exceptional about America is not that it lacked a results-oriented vision of equality but that those who favored equalizing results believed that equal process was a sufficient condition for realizing equal results† (Ellis 1993: 44). In other words, the egalitarian spirit was not absent from American history, but Americans believed that justice would best be served through competition. Ellis is correct in making this fine distinction, yet it is important to note that historical evidence suggests that some factions clearly emphasized equality of results regardless of equality of process. In The Souls of Black Folk, W.E.B. Du Bois’ recounting of the political debate regarding the Freedman’s Bureau, clearly highlights this ideological difference. Du Bois poignantly captures the necessity for a legal equalizing measure in his description of the tragedy of slavery and the ragged, conflicted nature of the black consciousness that resulted. He writes, â€Å"the facing of so vast a prejudice could not but bring the inevitable self-questioning, self-disparagement, and lowering of ideals which ever accompany repressio... ...ows, that given dire circumstances, Americans indeed turn to measures to ensure equality of results rather than relying on equality of processes. Of course, suffrage left much to be desired for African American equality. Jim Crow laws and other forms of racism continued to plague American society for many decades to follow. Nonetheless, the legacy of the Bureau remains an important part of American political history. It may require extreme instances of human misery, tragedy, and utter inequality (such as the institution of slavery) to highlight a push for equality of results regardless of the processes. This egalitarian ideology clearly is evident in post-Civil War American legislation. Works Cited: Du Bois, W.E.B. 1997. The Souls of Black Folk. Boston: Bedford Books. Ellis, Richard. 1993. American Political Cultures, New York: Oxford University Press.

Teen Pregnancy Informative Speech Essay

Did you ever have a doll when you were younger, that you would play with and pretend was your own, real baby? Did your sister ever make you play house with her, starring as the daddy, taking care of all sorts of children and pets? Life examples like these are proof that at a small age, we intend to become nurturers. But who wants to wake up every day with the pressure of going to school, going to work, and taking care of children? Though many of you sitting here are already parents and face similar responsibilities. Never as teenagers, do we sit and daydream about being pregnant or becoming parents in high school. All we want to dream about is moving far away from our families, living on our own, and making a lot of money doing it. But does reality ever match the dream? Are teens ever faced with the fact that their â€Å"perfect plan† might take a small detour? Today we’ll all come to the realization that teen pregnancy happens, it’s real, and is growing every day. There are many factors that contribute to teen pregnancy such as peer pressure to have sex, absent parents, and also the glamorization of pregnancy the media gives it. Peer pressure is always tough to deal with, especially when it comes to sex. Many teenagers fall in to peer pressure due to making friends or fitting in with their peers. According to LIVESTRONG.COM many teens have sex to seem mature, sophisticated and cool, but in some cases the end result is an unplanned teen pregnancy. The Kaiser Family Foundation states that more than 29 percent of pregnant teens reported that they felt pressured to have sex, and 33 percent of pregnant teens stated that they felt that they were not ready for a sexual relationship, but proceeded anyway because they feared ridicule or rejection. Others feel pressured by the person they are dating. Still others find it easier to give in and have sex than to try to explain why not. Some teenagers get caught up in the romantic feelings and believe having sex is the best way they can prove their love. Work Cited Page Langham, R. Y., Ph.D. â€Å"What Are the Causes of Teenage Pregnancy?† LIVESTRONG.COM. LIVESTRONG.COM, 13 Apr. 2015.Web. 05 July 2015.

John B. Watson

The term behaviorism refers to the school of psychology founded by John B. Watson based on the belief that behaviors can be measured, trained, and changed. (http://psychology. about. om/od/behavioralpsychology/f/ behaviorism. tm) With Kinesthetic and Visual my next top two, Behaviorist Theory fits well as far as looking at others or to the environment to learn. Again, I take it back to my kids and how they watch what I do and learn from either what I teach them or from their own mistakes and me teaching them what are right. Being in the military also works well, due to the amount of training we received and how we are rated for our performance as a soldier. Rewards are awarded for doing well which is positive reinforcement and drives a soldier to continue to learn and earn the next rank or position.Aural, Visual and Kinesthetic will affect my education pursuit as an adult learner. According to Clark Hull's Drive Reduction Theory â€Å"behavior occurs in response to â€Å"drivesâ₠¬  such as hunger, thirst, sexual interest, feeling cold, etc. When the goal of the drive is attained (food, water, mating, warmth) the drive is reduced, at least temporarily. † (http://www. lifecircles-inc. com/Learningtheories/behaviorism/ clarkhull. html) As an adult learner in the military and needing education to be able to be selected for the next rank, my learning style will have to be at its best.Clark Hull's heory fits my learning ability pretty well, in the manner that I need to finish school and get my degree to move up in rank. Prior to getting my Associates degree, I had to motivation to attend school. When I found out I needed certain classes to become a Warrant Officer it gave me a drive to work to get those classes done and then some. Now I find myself thinking that I will not need any more schooling, but to be separate from my peers I have to complete a Bachelors degree. Not only will this help in the now, as far as rank, but when I retire I will have a degre e to assist in a good paying ob.In closing, I am not too shocked at the results that I got trom the V questionnaire and agree entirely to have Aural my top pick. I need that visual aid or picture to help me become a better learner and understand whatever is being taught. Doing the research on my VARK results and what type of learning theories can relate, I have learned there are different ways to learning and each learning theory has a theory that some Psychology major created. i. e. Clark Hull and his Drive Reduction Theory. I have related my VARK to the Behaviorist Theory and Social Learning Theory. John B. Watson The term behaviorism refers to the school of psychology founded by John B. Watson based on the belief that behaviors can be measured, trained, and changed. (http://psychology. about. om/od/behavioralpsychology/f/ behaviorism. tm) With Kinesthetic and Visual my next top two, Behaviorist Theory fits well as far as looking at others or to the environment to learn. Again, I take it back to my kids and how they watch what I do and learn from either what I teach them or from their own mistakes and me teaching them what are right. Being in the military also works well, due to the amount of training we received and how we are rated for our performance as a soldier. Rewards are awarded for doing well which is positive reinforcement and drives a soldier to continue to learn and earn the next rank or position.Aural, Visual and Kinesthetic will affect my education pursuit as an adult learner. According to Clark Hull's Drive Reduction Theory â€Å"behavior occurs in response to â€Å"drivesâ₠¬  such as hunger, thirst, sexual interest, feeling cold, etc. When the goal of the drive is attained (food, water, mating, warmth) the drive is reduced, at least temporarily. † (http://www. lifecircles-inc. com/Learningtheories/behaviorism/ clarkhull. html) As an adult learner in the military and needing education to be able to be selected for the next rank, my learning style will have to be at its best.Clark Hull's heory fits my learning ability pretty well, in the manner that I need to finish school and get my degree to move up in rank. Prior to getting my Associates degree, I had to motivation to attend school. When I found out I needed certain classes to become a Warrant Officer it gave me a drive to work to get those classes done and then some. Now I find myself thinking that I will not need any more schooling, but to be separate from my peers I have to complete a Bachelors degree. Not only will this help in the now, as far as rank, but when I retire I will have a degre e to assist in a good paying ob.In closing, I am not too shocked at the results that I got trom the V questionnaire and agree entirely to have Aural my top pick. I need that visual aid or picture to help me become a better learner and understand whatever is being taught. Doing the research on my VARK results and what type of learning theories can relate, I have learned there are different ways to learning and each learning theory has a theory that some Psychology major created. i. e. Clark Hull and his Drive Reduction Theory. I have related my VARK to the Behaviorist Theory and Social Learning Theory.

Shayla Smith

Summer Swimming Incident Shayla Smith stayed a few nights of summer vacation with her friend, Tamara, whose Mom and Dad, Bob and Susan Tuttle, took Shayla and their daughter, Tamara, camping. Shayla’s mom was happy for the break, as Shayla is dyslexic, and that has caused her to have a difficult time at school. Consequently, she acts out, and is a handful for her single mom! The campground is small, but has a fun mini-golf game, hiking trails, and has a pool, but no diving board, and no lifeguard; it is a sand-bottom pool, fed by an artesian well, so it is clean, but murky.The owners, Owen and Dolly Jones, who own and operate the campground, don’t have any security on the premises because they are a ‘mom and pop’ operation, and the campers all come back year after year. The sign out front says, â€Å"Everyone’s family at the O & D Family Campground! † Tamara’s family was looking for a summer spot to which they can return year after year , so they gave the O & D a try this year. The first morning after arriving, the two 10 year-old girls hit the pool at about 9:30, even though it is not supposed to open for another half hour, according to the sign at the entrance.Tamara dove into the pool, and said, â€Å"Ow! It’s shallow here, but it is warm! Come on in! † Shayla yelled, â€Å"What? † and dove in right next to Tamara, but she hit bottom and broke her arm. Tamara saved her from drowning by pulling her to the side of the pool, and then helping her out to the bank. They call out for Tamara’s parents, who came out and immediately called the ambulance. Owen and Dolly returned from breakfast in town, and rushed into the pool area before the ambulance even arrived.Tamara’s mom wondered why the pool was not marked as shallow on that end, but Dolly says they put up the signs every morning when they get ready to officially open the pool, plus the pool is sand bottom and relatively soft anyw ay. Shayla’s family wants to sue Tamara’s parents for negligent supervision, as well as the campground for negligence. Writing Assignment 1: Post-Interview Memorandum This week, you should be working on your Post-Interview Memorandum. In most cases, paralegals are responsible for dictating memoranda to clients' files that summarize information obtained during interviews.Depending on a particular firm's preference, the summary may be in narrative or outline form. Post-interview memoranda should be prepared immediately after an interview, when details and notes remain familiar and fresh in your mind. There are typically five parts to a memorandum: (1) preamble, (2) description of the client's problem (Issue); (3) evaluation of the client; (4) discussion of the relevant facts; (5) conclusions and recommendations about the case. You will be writing a post-interview memorandum and submitting it in Unit 3.The memo will be based primarily on the facts given in the fact scenar io (first introduced in Unit 1) and on your own impression of the case. Additionally, you will â€Å"interview† Shayla and her mom, Mary Smith, in the Unit 2 seminar. Your instructor will play the roles of the witnesses. If you believe you will need additional facts, you should create a section in the memo that describes the other information you will need. See the sample post-interview memorandum below, as well as the description that follows it.Also see the Sample Interview Summary based on your initial interview of Mary Smith, Shayla's mom. The seminar â€Å"interview† will be your initial meeting with Shayla and your follow-up interview of Mary. Client Evaluation (Preamble): Evaluation of Mary Smith Date: 6-1-2008 [Put Issue here] Client Impression: Mary Smith is the mother of the injured child, Shayla. She is Caucasian, weighs approximately 150 lbs. , and is 5'2†³. She has a full head of dark brown hair worn at shoulder length.Mary is a secretary in a small i nsurance agency and is dressed professionally in a black suit. Mary was cooperative during the interview and was very responsive to my questions. However, she did not bring in any documentation though we had requested her medical bills, etc. Mary repeatedly asked me how long the case would take and mentioned her â€Å"large bills† from Shayla's accident several times. Mary is a single mother, and Shayla's father is not really in the picture and provides no financial support for Shayla's care. Mary does not have any kind of insurance.I found Mary to be a nice-looking woman though a bit frazzled. She was articulate but talked a little loudly. I think she would make a good impression on a judge or jury, but she is a little anxious to â€Å"score the big one† for Shayla's injuries. [Put Facts Here] Fact Questions: Where is the campground located? Who was supervising Shayla and Tamara? What is the layout of the pool? How deep and large is it? Were there any signs around the pool? Is there a lifeguard on duty? Have there been previous incidences at this campground pool?I am not sure Mary and Shayla have a viable case, as more investigation is needed. Recommend that we do the following fact development: More contact with client regarding bills and treatment Interviews with all witnesses, including ambulance personnel Obtain information about the campground, the pool, and any warning signs Obtain all medical records [put short conclusion here] Submit your paper to the Dropbox by the end of Unit 3. For additional help, view Power Point Presentation on legal memoranda below.