Simple Essay

Writing a simple essay requires a certain amount of creativity and skill. It is one of the most common tasks assigned to students during their course of education. Written academic papers may vary in their complexity depending on the course and discipline, for instance, a senior student is usually assigned to more difficult tasks than a freshman. While this may concern writing a detailed proposal that would accompany independent research, one of the first steps to introducing oneself to the essence of writing academic papers is the basics of a simple essay assignment. First of all, it would be noteworthy to mention the difference between an academic essay and other short stories. Even though the essay may be simple, the paper itself still has to follow a certain structure as well as a set of academic standards. These standards include a set of rules that govern the formatting of the paper and referencing list. The author should avoid plagiarism at all costs and cite any used sources using appropriate APA, MLA, or other standards, which are applied in his/her school or specified by the instructor. By definition, an essay is a relatively short written piece describing a certain subject or event. It may include or omit the thoughts of the author depending on style and assignment. After choosing the topic of the essay, the writer should decide on using one of the four primary essay types: expository; persuasive; analytical; argumentative; An expository essay describes a certain event, idea, theme, or issue. It may feature the author’s personal response to the subject. A persuasive essay is designed to directly influence the audience. Its main goal is to convince the readers to adopt the writer’s position on a certain topic. The analytical essay is a paper designed to critically review another work such as an article, book, presentation, or movie. An argumentative essay aims to prove a certain point of view through the use of arguments and objectivity. Unlike other essay types, it has to be based on scientific evidence and avoid personal predisposition of the author. In order to simplify the task of writing the essay, the writer should divide it into three sections: the introduction, the body, and the conclusion. The introduction should include a few opening phrases, which briefly summarize the topic. An effective introduction should provide a â€Å"hook† sentence that would catch the attention of the reader and support it with a strongly defined thesis statement. The main part of the essay, the body, should focus on describing the primary event or theme. This part should include most of the information. The conclusion is the final part of the essay. It should outline the main idea of the author and summarize the information discussed in the essay. All things considered, a simple essay should not be oversaturated with information and should be laconic, intelligible, and easily readable. Hence, the main aim of a simple essay is to reveal the student’s writing skills and creative thinking rather than information on the actual topic it is written about.

Symptoms And Treatment Of Bipolar Disorder - 963 Words

It seems every day that goes by we hear someone being labeled as bipolar or another celebrity is getting diagnosed as being bipolar after their spurts of erratic behavior. I had to ask the question, does anyone really know what it means to be bipolar? Bipolar disorder, also known as manic-depressive illness, is a brain disorder that causes unusual shifts in mood, energy, activity levels, and the ability to carry out day-to-day tasks (NIMH). Suffering from bipolar disorder can mean suffering from drastic changes in mood from one minute to the next. This illness can make getting through the simplest daily tasks impossible and can even cause the person suffering to become suicidal. There are typically three states that a person with this illness will experience; manic, depressive and mixed states. This illness is typically diagnosed in late teens to early twenties and is treatable, but will usually last a person’s entire life. At this time there are no medical tests or exam s performed to determine if a person is suffering from bipolar disorder. Usually a trained mental health professional can determine the diagnosis after evaluating the person. Bipolar disorder can run in families, although there are some relating factors, scientists have not yet determined any keys in genetics as far as passing the illness on. The first of the three states is the manic state. In this state a person may feel extremely joyful or overexcited. A person suffering from this illness mayShow MoreRelatedBipolar Disorder : Symptoms And Treatment854 Words   |  4 Pagesmedical condition known as bipolar disorder. Bipolar disorder is when a person suffers from severe shifts in mood and energy. In most cases, bipolar disorder can be treated and people with the illness can live normal and productive lives with the help of medication and or therapy. Aiken, C. (2010). Family Experiences of Bipolar Disorder: The Ups, the Downs and the Bits in Between. Retrieved from Ebsco Host. In this book the author discusses her own dealings with Bipolar Disorder. She goes on to say howRead MoreSymptoms And Treatment Of Bipolar Disorder1489 Words   |  6 PagesDiego City College Bipolar disorder, also called manic-depressive disorder, is a disease that affects thousands of people all over the United States of America. According to Sarris (2011) approximately 1-2% of adults will be affected by bipolar disorder in their lifetime. While some individuals may go undiagnosed, the prevalence percentage can raise to as much as 4% when including milder subclinical presentations (Sarris, 2011). Bipolar disorder can cause severe dysfunction in theRead MoreSymptoms And Treatment Of Bipolar Disorder1125 Words   |  5 Pageswith several mental disorders. The major diagnosis would be bipolar disorder. She also suffers from borderline personality disorder, Post-traumatic stress disorder (PTSD), and anxiety. The American Psychiatric Association s Diagnostic and Statistical Manual of Mental Disorder defines bipolar disorder as a recurrent mood disorder that includes periods of mania or mixed episodes of mania and depression (Murphy, 2012, p. 44-50). It was previously kn own as manic depressive disorder. It is most commonRead MoreBipolar Disorder Treatments : Symptoms And Symptoms2309 Words   |  10 Pages Bipolar Disorder Treatments Kelly Miazga Metropolitan State University December 8th 2014 â€Æ' Bipolar disorder treatments Introduction Bipolar disorder, also known as manic depression or bipolar affective disorder is a mood disorder where the patient experiences episodes of extreme highs known as mania and extreme lows known as depression. Periods of mania and depression vary per person. A person who is displaying a manic episode shows typical symptoms of elevated mood, extreme happiness or irritabilityRead MoreBipolar Disorder : Symptoms And Treatment2115 Words   |  9 Pages Bipolar Disorder The Bipolar disorder or you can call it manic depression, it is a often diagnosed and draining frame or state of mind disorder which causes huge shifts in temperament and frame of mind. The word bipolar means that the two main polar extremes in which a person with the disorder experiences. According a part of the National Institutes of Health that watches over neurological and psychological research this disorder affects about 2.1 million adultsRead MoreSymptoms And Treatment Of Bipolar Disorder1274 Words   |  6 Pagesconclusion, Ben Tang was diagnosed with bipolar II disorder indicated by DSM-5 at age 47. He experienced symptoms such as feeling depressed, suicidal thoughts, and worthlessness in depressive episodes. He experienced symptoms such as racing mind, trouble falling asleep, and committing reckless behaviors in hypomanic episodes. It can be challenging to live with bipolar disorder because the symptoms can be hard to deal with. There are several ways to manage bipolar di sorder, include medications, support groupRead MoreSymptoms And Treatment Of Bipolar Disorder1220 Words   |  5 PagesThe history of bipolar disorder is perhaps just as complex as the condition itself. Bipolar is highly recognized as a treatable disorder. The more we learn about bipolar disorder, the more people may be able to receive the help that they need. Centuries passed and little new was discovered about bipolar disorder until French psychiatrist Jean-Pierre Falret published an article in 1851 describing what he called â€Å"la folie circulaire,† which translates to circular insanity. The article details peopleRead MoreSymptoms And Treatment Of Bipolar Disorder762 Words   |  4 Pages Bipolar Disorder 2 Disorder history, In the 19th century psychiatry, mania had a broad meaning of craziness, hypomania was equated by some concepts of â€Å"partial insanity† or monomania. Bipolar disorder origins in 1854, Jules Baillarger and Jean-Pierre Falret, independently present descriptions of the disorder to Academie de Medicine in Paris. German neuropsychiatrist Emanuel Mendel in 1881 wrote â€Å"that heRead MoreSymptoms And Treatment Of Bipolar Disorder1442 Words   |  6 Pagesmental illness. For example, manic depressive illness, or bipolar disorder, is a cognitive disease which affects â€Å"about 2.6% of the U.S. population† every year (DBSA). Along with the vast number of patients stricken with bipolar, are also a plethora of symptoms, with researchers and patients reporting, â€Å"unusual shifts in mood, energy, activity levels, and (an inability) to carry out day-to-day tasks† (NIMH). Along with the symptoms of bipolar are several factors that contribute to the presence of theRead MoreSymptoms And Treatment Of Bipolar Disorder1458 Words   |  6 Pagesillness, a mood disorder called Bipolar Disorder, happens to be an illness that 1% of the population has been diagnosed with. It is equally found in both women and men and is usually diagnosed within someone’s teen years or early adulthood. After the disorder is diagnosed, it is imperative that treatment with medication and various types of therapy are incorporated into the patient’s lives (Fast 2006). Bipolar disorder has two types. Both are the same in severity but the symptoms occur differently

Data Analysis for Northern Beaches Council

Question: Discuss about the Data Analysis for Northern Beaches Council. Answer: The researcher has acquired data from the Australian Bureau of Statistics (ABS) which is an Australian Government Research Institute and it is working for the statistical demographics of various areas Australia. Population: The data from the Key figures as per September 2016 shows, Northern Beaches Council has the population of 263413 and it shows a potential population in the local government area Northern Beaches council of New South Wales (Statistics-Sep 2016, 2017). The data also shows that the total population of Australia is 24220200 (Statistics-Sep 2016, 2017). The total no of children of the year 7 to year 12 in Northern Beaches Council is 74586 (Statistics-Sep 2016, 2017). From the above data, it can be concluded that, there is sufficient population growth in Northern Beaches Council to have enough adults who can give birth and provide children for the year-7 to year-12, that is, there is enough no. of adults to make available the target customers for the startup business. Birth rate: The no of births in Northern Beaches Council is high enough compared to the other areas of NSW. The data acquired by Australian Bureau of Statistics for 2015, in Northern Beaches Council the no of single births was 1241, twins birth was 131 and triplet birth was 6 (Births-2015, 2017). However, the 66% of the total birth was to the parents who have done registered marriage (Births-2015, 2017). The data concludes, the birth rate in Northern Beaches Council is enough to get the students of year-7 to year-12 for the startup business in next 10 years. The Australian Bureau of Statistics has added that, in Northern Beaches Council the no of birth was consistent in previous year and expected to be consistent in upcoming years too. Income: The collected data for the purpose of getting information about income statement of the adults who can give birth to the child who can be the student of year 7 to year 12 in next 10 years in Northern Beaches Council states, the average salary of the workers in Northern Beaches Council is $75963 per year (Average Salary Australia, 2017). This data represents, the adults has sufficient buying power to convey the expenses of the fees for the coaching class. References: Average Salary Australia. (2017). Livingin-australia.com. Retrieved 8 April 2017, from https://www.livingin-australia.com/salaries-australia/ Births-2015.(2017).Abs.gov.au.Retrieved8April2017,fromhttps://www.abs.gov.au/ausstats/abs@.nsf/Latestp /3301.0Main%20Features32015?opendocumenttabname=Summaryprodno=3301.0issue=2015num=view Statistics-Sep 2016. (2017). Abs.gov.au. Retrieved 8 April 2017, from https://www.abs.gov.au/ausstats/abs@.nsf/mf/3101.0

What Is Googlebot The Answer, Plus How to Optimize for Googlebot

Wondering, What is Googlebot? When it comes to search engines, there are a lot of terms and phrases you’ll hear thrown around. Not all of these are going to be familiar when you’re first learning to optimize your site. To help demystify one common term, were going to spend this post answering that question.Learning the answer to this question is vital because Googlebot will have a significant effect on the way you design your site. This complex program has a lot of control over how your content is ranked in Google. To improve your site’s visibility, you need to understand what Googlebot is looking for and how to ‘speak’ its language.If you’re still asking yourself â€Å"What is Googlebot?†, don’t worry. In this post, we’ll explain everything you need to know about this search engine crawler and discuss how to use that knowledge to optimize your WordPress site for Googlebot. Let’s start from the top! Google is one of the primary ways people will find your content online – and Googlebot is the way that happens.So, what is Googlebot? In a nutshell, it’s Google’s web crawling bot – sometimes called a ‘crawler’ or ‘spider’. In other words, it’s a program developed by Google that’s designed to explore web pages on the internet.Googlebot has a few important jobs. The two most significant things it does are:Explore web pages for new links to follow, in order to find and index as much content as possible.Gather information about each page it finds, keeping Google’s database up to date.This is a nonstop process. Googlebot travels from page to page, checking out every link it finds and recording the information it accesses along the way. Of course, its also fully automated. Googlebot is therefore likely to crawl a specific website multiple times, but not at predictable intervals.Also, it’s important to note that Googlebot i s not really one isolated program. Google runs many crawlers from servers located in various places, in order to streamline the process and index as much of the web as possible.Why Googlebot matters to your websiteAn example of how Googlebot will crawl your site every day. You can view this chart in Google Search ConsoleNow that you know the answer to the question â€Å"What is Googlebot?†, you may already see why this web crawler is so important. After all, it’s the primary vehicle Google uses for understanding your website.Google itself is incredibly significant to your site’s success. It’s far and away the most popular search engine, which means that it’s where a lot of your traffic will come from. There’s a reason most advice you’ll find on optimizing your site for search engines focuses on Google.To drive searchers towards your content, Google needs two things:It has to know your content exists in the first place.It has to unders tand enough about it to decide what search terms it’s relevant to.Googlebot is vital in both cases.Most obviously, this crawler is responsible for finding all of your site’s pages and letting Google know about them. Plus, it collects the data Google needs to present those pages to the right kinds of searchers. While Googlebot itself doesn’t evaluate the information it collects – the Google index is responsible for that – it’s a crucial first step in the process.To sum up, Googlebot has a huge impact on how many visitors you’re able to attract to your site through the world’s most popular search engine. If you want to bring in lots of new views, you’ll need to make sure this crawler can find everything it’s looking for.How to optimize your site for GooglebotOne of the simplest steps you can take to optimize your site for Googlebot is to make sure its visible to search engines.After â€Å"What is Googlebot?†, the natural next question is â€Å"How can I make sure this bot can find my site and understand it?† Before we wrap up, let’s explore what you can do to make your site as friendly as possible to Googlebot.It’s almost a certainty that Googlebot will find your site sooner or later, so theoretically you don’t have to do anything. However, there are steps you can take to tip the scales in your favor. This is a vital aspect of Search Engine Optimization (SEO) – the process of tweaking your site and content so that it ranks highly in search engine results.SEO is a broad field encompassing many useful techniques. We’ve explored a lot of these in depth elsewhere. Let’s run through some of the most vital SEO strategies for making Googlebot’s job easier. To get started, you’ll want to:Ensure that your site is made visible to search engines. You can easily accomplish this by using a setting in your WordPress dashboard.Don’t use ‘nofollow’ links on your site, or keep them to a minimum. These links specifically tell crawlers like Googlebot not to follow them to their source. Crucially, you should never nofollow an internal link (one to another section or page of your own site).Create a sitemap for your website. This is a list of all your site’s pages and key information about them, organized in a way that’s easy for Googlebot to understand. If you have a sitemap, it will be Googlebot’s go-to resource for learning about your site and finding all of its content. Fortunately, you can create one easily using Yoast SEO and many similar plugins.Make use of the Google Search Console. With this set of tools, you can accomplish a lot of vital tasks. For example, you can submit your sitemap, so Googlebot will find it more quickly. Plus, you can find out if there are any crawl-related errors on your pages, and find advice about how to fix them.A Google Search Console chart showing errors that Googlebot encounters. Youll want to fix these to optimize your siteOf course, you’ll also want to follow as many accepted best practices for SEO as you can. While this will take a little time and effort, the results are well worth it. The more work you do to make your site comprehensible to Googlebot and other crawlers, the more visitors they can send your way.ConclusionIf you’ve ever wondered â€Å"What is Googlebot?†, you can put that question to rest. While its functionality is complex, the purpose of this crawler and the basic process it follows are easy to grasp.Once you have a handle on  what Googlebot does – it explores all the links and pages on your site, and records information about them  Ã¢â‚¬â€œ you can start using SEO techniques to prepare your content for its visits. Most importantly, you’ll want to create a sitemap, and submit it to Google Search Console.Do you have any questions about how Googlebot works, or how to optimize your site for it? Let us know in the comments section below! Ever wondered what Googlebot actually is? Here's the answer, plus how you can optimize #WordPress...

Book Review on Who Moved My Cheese

Book Review on Who Moved My Cheese I thoroughly enjoyed reading Who Moved My Cheese? book by Spencer Johnson. Johnson does an excellent job of simplifying the complexities of the change process through the use of four fictional characters. I believe the author intentionally chose to use two mice and two â€Å"little people† in the parable about change. The mice, Sniff and Scurry, deal with change rather simplistically. Being animals, the mice are more adaptable to change and react to the loss of the â€Å"cheese† instinctively. They â€Å"keep their running shoes around their neck†, waste no time analyzing the cause of their loss, and immediately go in search of a new cheese. On the other hand, the â€Å"little people†, Hem and Haw, are about the size of the mice but possess human traits. Such traits as intelligence and emotions complicate their responses to change. Hem and Haw react emotionally to the loss of the â€Å"cheese† and waste valuable time analyzing their loss instead of going in search of a new â€Å"cheese†. Haw eventually moves beyond his emotions and uses his intellect to successfully face and overcome the sudden change. However, Hem’s paralyzing fear of change prevents him from successfully overcoming the loss of the â€Å"cheese† and eventually leads to his untimely death. It is through the characters’ responses to change or the â€Å"moving of the cheese† that many leadership qualities can be identified. I have chosen to identify the qualities in reference to their implications for an educational leader such as a school principal. Like Sniff, the leader of a school must view change positively, realizing that change is inevitable and occurs naturally over time. As principal, one must stay on the cutting edge of change by keeping abreast of the latest educational information through reading, attending conferences, networking, etc. Once change appears to be on the horizon, then it is time to â€Å"scurry† into action. The principal must not react to change impulsively but should be prepared with a plan of action in order to provide guidance toward the intended goal. Like Scurry, the principal and faculty must understand that the path to change will be filled with obstacles or setbacks. They must not become discourage by these obstacles and should continue to find new paths that will allow them to successfully find a new â€Å"cheese†. The energy and positive attitudes of faculty members who resemble Scurry should be utilized to assist the principal in leading the school successfully through the â€Å"maze† toward change. Haw epitomizes the human reaction to change. From Haw’s reaction, one can clearly see the change process evolving. As a principal, having an understanding of the change process, realizing that this cycle is natural, and knowing that everyone will uniquely experience the stages of change will be beneficial. Like Haw and Hem, the principal and faculty must realize that when faced with sudden change the initial reaction will be fear of the unknown. This reaction leads one to deny the need for change, take change as a personal attack, and over-analyze the causes for the change. But like Haw, we must get beyond this stage if we are to successfully change. As principal, one must realize that a more immediate acceptance of change will result in an easier transition to change. Therefore, it is important for the leader of a school and the faculty to view change as a way of gaining something rather than losing something; as a better solution not something worse; and as what is right rat her than what is wrong. Once Haw accepted that change was necessary, he took on much of the same qualities as Scurry. He found his â€Å"running shoes† and set out in search of a new â€Å"cheese†. Unlike Scurry, Haw became discouraged and anticipated going back into his comfort zone each time he was confronted with an obstacle in the â€Å"maze†. Although Haw returned several times, his positive vision of the goal and the realization that he would starve forced him to set out again in search of the new â€Å"cheese†. The principal, along with the faculty, must realize that the second stage of change will be comparable to a roller coaster. It will begin with a burst of energy and be slowed by each obstacle along the way. However, the principal must be the engineer that places the faculty back on track and provides a new boost of energy. The final stage of change occurs when the goal is realized. Like Haw, as one begins to taste the successes of change, he/she realizes that it was not as fearful as one first expected and begins moving quicker toward making the change a reality. For the principal, this will be the easiest part of the change process because the reality of change will occur naturally. Throughout the change process, it is important for the principal and the faculty to remain optimistic and confident and to have a sense of humor. In concluding, the principal must realize that not everyone will accept change and continue through the change process successfully. Like Hem, there may be people on the faculty that are paralyzed by their own fear of the unknown and will never get past the emotional stage. They will continue to take change personally and spend all of their time and energy analyzing why change is not needed, the causes of the change, and waiting for the â€Å"old cheese† to return. As an educational leader, acting like Hem would be â€Å"professional suicide†. For faculty members representative of Hem, it would be important to provide these individuals with many opportunities to understand the reasons for the change; to help them understand that their fear and emotions are a natural part of the change process; and to help them see that the refusal to change will lead to ineffective teaching practices and ultimately their â€Å"untimely death† professionally.

British Popular Culture and The Music That Followed †Music Essay

British Popular Culture and The Music That Followed – Music Essay Free Online Research Papers British Popular Culture and The Music That Followed Music Essay I’m going to comment on the British pop culture of the 60’s and 70’s using as examples two of the most famous songs of the Beatles: Help! and Imagine. I am going to comment on those texts at the same time I place them into the historical and social context of the time. Firstly, it is important to consider how it all began. The mid-1950’s was a difficult period for Britain as well as for most of European countries. Britain was still trying to recover itself from the problems the war brought about. This was a grey time , with British youth consoling themselves with their dreams and with imitations of the images which they saw on the cinema of life for kids in America(good cars, good clothes and a lot of money). At the same time they could hear the latest Rock ‘N Roll coming front he States. In a word, British youth culture was totally dominated at that time by American trends and styles. The British music industry in the 50’s was almost exclusively an American imported product. It was controlled from London by middle-aged men totally out of touch with the needs and wants of the youth audience. Out of this atmosphere a uniquely ‘British’ musical trend did emerge late in the 50’s. This was called ‘Skiffle’: â€Å"kind of folk music played by a small group, mainly with rhythmic accompaniment to singing guitarist†. The accompaniment was, more often than not, a washboard, and the material performed was normally of traditional US origin. Apart from that, from London and the South there came acts such as Adam Faith, Marty Wilde, Johnny Layton and Tommy Steel. In the provincial cities the seeds were being sewn for a world-wide musical and cultural revolution. In ports such as Liverpool, there had developed a music culture fiercely independent from London. By the early 60’s in these cities a large and highly competitive band scene emerged, in which hundred of local bands performed the latest imported songs to get the attention of the young audiences, hungry for anything authentic and new. In 1962 there were many great groups in this scene but the audiences decides that The Beatles were number one. The first song Help! was written in 1965 by John Lennon and Paul McCartney. The lead vocal was the first. This song was number one in Britain for 9 weeks from 14th August 1965. The other one Imagine was written by the same authors in 1971 and the lead vocal was again John Lennon. This one was number one for 2 weeks from 30th October 1971. Both texts have similarities but also differences, mainly because they are written with some years of difference and that means a process of maturation on the authors. I’m going to comment on the first text in an isolated way and then I will start with the second one, and at the same time, I will establish the comparison between both. Help!, as I have mention before, was written in1965. By that year there were in Britain several problems, such as the crisis arising in 1964.This crisis which lasts till the 70’s was the cause of political and economical problems: the decline of productivity, the increasing pressure of Trade Unions, the balance of paymentsThere was also the question of the war, though in those years Britain was not involved in any war (except for the undeclared Cold War) it was important the question of re-armament. That problem was followed by the reaction of people who was against nuclear weapons and manifested it trough several demonstrations: the Ban-the-Bomb marches. For all these reasons they could be saying â€Å"Help!†. The song goes on â€Å"I need somebody† but â€Å"not just anybody† that is, it could be applying to the fact that very few years ago, and in some way still in those years, Britain was somehow dependent on America. That situation came from the â€Å"Marshall Aid Program†, financed by America to help the UK and other European nations to recover after the war. In that way, Britain was at the mercy of America in some questions and this was felt as a threat. So, with â€Å"not just anybody† he could be referring to the Americans, he needs help but from his context , from the people who is in the same situation as himself. It could also be interpreted as a protest against the situation of unemployment, because of the continuous decline of industry and the dramatic raise of people working in services. If it is so, in the second stanza he means that now everything has changed since in the former years there were not those types of problems. In the 50’s there were almost full employment due to the necessity of reconstructing the country after the war. Thus, in that period the authors doesn’t need that kind of help because unemployment was not a problem. All those interpretation could be acceptable when analysing the two first paragraphs isolated, but when I arrived to the last sentence of the second paragraph and go on reading, I came to the conclusion that what the author is really referring to is the new situation of young people in Britain in those years. I mean, the youth of Britain had started to get an increased spending power and independence in the early 60’s. They had started to get better jobs and they could afford even a motorcycle. For that reason the authors could be saying â€Å"I’ve changed my mind and opened up the doors†. I interpreted this sentence in the way that because of the different role of the youth in society they had also to change their own point of view and to open their minds to the new possibilities that are presenting for them at that moment. Because of the same reason they are saying â€Å"get my feet back on the ground†: the situation is much better for them but things co uld change again, so is important to have in mind this and to maintain the feet on the ground. With this change in the standard of living of young people and thanks to music bands such as The Beatles, Britain became the centre of the music, fashion and pop worlds, and for a few years everyone wanted to film in Britain too. It was full of creativity and optimism which was totally contrary to the mood of the country a few years previously. The song could be referring to that fact too. The song continues with this topic since it says: â€Å"my life has changed in so many ways† and then started to explain some negative sides of that situation(the next three lines)Now he’s independent but independence is not always good. With this, it could also be referring to the fact that Britain has no more power over the colonies, it is no more an Empire, so it is â€Å"independent† in a way (though now it is more dependent on America). The lost of the colonies meant a great shock for most of the British population who had to become accustomed to the idea of not being an Empire any more. Because of that reason they could be saying â€Å"I feel so insecure† or â€Å"When I was youngerBut now these days are gone , I’m not so self assured†. Then â€Å"Now I fond I have changed my mind and opened up the doors† : people are forgetting that and trying to continue with their lives though in a very different way. Imagine has many differences with the previous text. It is completely immerse in the hippie culture that was arising in England as an influence of the US. This song became almost an hymn for those activist, above all, against war. These groups started to appear around 1965. In that way it is a point in common with Help! because it deals with the youth of those times though in a different way: it talks about subcultures. Those subcultures were mainly against the traditional culture and they stood out because of their clothes. The first stanza of this song has to do with religion. It explains how a world without those beliefs and distinctions would be better. At that time religion seems to be insignificant as a part of British identity. People started to believe less in God, and the song says that it is good. The second paragraph deals with wars. It remembers the period of the two world wars where a great amount of countries were confronted and where too much people died. It emphasises again the no necessity of religion which could also be a cause to fight. At that time there was the problem of the Cold War, and it is difficult to remember a time without any war in the world, it is almost a dream: â€Å"Imagine all the people living life in peace†. That was one of the main aims of the hippies, to fight against war. The third paragraph puts its emphasis in the question of money and the social classes. In the 60’s/ 70’s social classes did not seem to be so clearly distinguished thanks to the Welfare State, although there were obvious social differences according to the criteria of money. The song â€Å"imagines† a world without social distinctions, it is an idealistic point of view very close to the idea of Utopia. The world would be â€Å" A brotherhood of man† without discriminations caused by differences of social status, race or gender. People could â€Å"share the world† without fighting for it. To conclude the song, it goes to the central idea: the subculture of the hippies. It is saying that those ideas are not coming from the mind of a single person but many people share that way of thinking. The last two lines are inviting us to join that movement and to live as they want: in peace. Both songs have in common that they talk about the youth. But they have different perspectives since when the first one was written all this movement was beginning to consolidate while in the early 70’s it was already developing in a great way. Help! is questioning the past and whether the future will be better in the way that things are changing. With Imagine things are more clear and there are whole youth subcultures with his own ideologies to try to change the world or to try to make it clear that they are against the way it works. In conclusion, it all has to do with a process of maturation of both authors who felt that things were beginning to change but who still had not clear what position thy should take till a few years later, when things were more clearly defined. Research Papers on British Popular Culture and The Music That Followed - Music EssayHip-Hop is ArtWhere Wild and West MeetQuebec and CanadaAppeasement Policy Towards the Outbreak of World War 2Bringing Democracy to AfricaAssess the importance of Nationalism 1815-1850 EuropePETSTEL analysis of IndiaCanaanite Influence on the Early Israelite Religion19 Century Society: A Deeply Divided EraRelationship between Media Coverage and Social and

Property Law Assessment 1 Formal Legal Advice Essay

Property Law Assessment 1 Formal Legal Advice - Essay Example On his bed, he realises minimal chances of survival and calls for a meeting. He gives Sonya a cheque worth  £100,000 on his own current account and note meant to transfer ownership of his shares of the house to her. The main issue in this scenario is the gifts that Leo gives to Sonya. The transfer of ownership depends on whether Leo dies. An issue may arise where Leo recovers from the disease and Sonya is not ready to surrender the gifts (Lorberbaum, 2001, p. 46). 2 4. He gives Sharon the key to his tin box under his bed telling her the contents belonged to her. The main issue in this scenario is the transfer of the gifts that Leo gives to Sharon. The transfer of the property will not be possible if Leo recovers, and he gives since he realizes minimal chances of survival.3 5. He gave Ben his accountant’s business card, telling him to contact him and get ownership of all his share certificates, sell them and give the proceeds to Leo’s students in equal shares Siam (Legal International, 2001). An issue might arise concerning the authority to transfer ownership of share certificates. Ben must be convinced that Leo has approved the transfer.4 6. Leo recovers from the illness. A part of the roof falls on him on leaving for his first walk since the infection, and he dies instantly. The main issue in this scenario is the death of Leo. It is accidental, therefore, all the gifts that he had given out succeeds. 7. Ben arranges to sell the shares and spend the proceeds on a holiday. The main issue in the scenario is the sale of shares. Ben arranges to surrender his shareholding in the house which is possible since he is the legal owner of the house.5 2. The property concerning this scenario falls under estates. Donatio mortis causa is a method through which ownership of property passes without the need to comply with the formalities of Wills Acts when death occurs. The courts develop and extend the doctrine on a case-by-case basis. This results in the

Globalization and Labor Issues Essay Example | Topics and Well Written Essays - 500 words - 1

Globalization and Labor Issues - Essay Example On the other end, the developing world has made considerable improvement in cutting its poverty rate by a half. According to the most recent statistics, 21% of individuals living in the developing nations lived below or at $1.25 per day. That is down from 43% in 1990 and 52% in the year 1981. This is an indication that 1.22 billion individuals lived on less than $1.25 each day in 2010, in comparison to 1.91 billion in 1990, and approximately 1.94 billion people in 1981. However, there is a widening gap between the poor and the rich, and those who are capable of accessing opportunities. From the information, it is clear that the developing world is doing a considerable job in reducing its poverty line2. In regards to GDP, it does not mean that a nation with a good GDP have the best living standards. For instance, there are individuals living in poverty in the United States and other nations of the world including both the developed and developing nations. There is a huge deal of inconsistency among the areas of the world which concern with trends in unemployment. In addition, there is a general division between developing and developed regions. For instance, unemployment rates in the European Union region and Developed Economies remain above the historical levels (8.6% in 2012 compared to an average of 6.9% between 1998 and 2007). On the other hand, in developing nations, unemployment rates are below average compared to the decade before the crisis. The main reason for this divide is that the developing economies have considerably outdone developed economies in period of recovery in terms of their economic growth3. There is proof that stimulus packages implemented in the developing nations to mitigate the effects of the crisis were directed towards addressing weaknesses of the labor market. In contrast, the limited effectiveness of monetary and fiscal measures

The Growth and Importance of English Essay Example for Free

The Growth and Importance of English Essay The definition of a global language, is a language which has been given a specific place within countries and communities around the world, even in places where there are very few native speakers of this language. Although English is not the most widely spoken language in the world in terms of the number of native speakers there are many more native Chinese speakers than native English speakers it is described as a global language and Chinese is not. This is because there are few other communities in the world that give Chinese, be it Mandarin or Cantonese, a particular use or function, probably due to the fact that its alphabet is so different from that which is used in the majority of the rest of the world. It is impossible to know exactly how many English speakers there are in the world, but according to estimates, there are more than 350 million native English speakers and more than 400 million speakers of English as a second, or foreign, language. These figures are especially impressive considering the fact that this mass popularity only came about in approximately the last three centuries. The English languages influence spans across the globe and is more influential in the world of media, communication, business and government than any other, even in certain countries where English is used, or regarded, as a minority language. It is the language of maritime communication and international air traffic control and is acknowledged as the language of popular culture primarily in the entertainment fields of cinema and music. The English languages earliest origins are from the Germanic language group. This group began as a common language about 3,000 years ago. Many different European languages developed from this Germanic group, depending on which part of this sector the region of the Elbe river they were closer to. For example, North Germanic evolved into the modern Scandinavian languages of Swedish, Danish, Norwegian and Icelandic; and East Germanic, which was adopted by Southeast European countries. West Germanic, however, is the language from which English developed, along with German, Dutch and Flemish. This West Germanic language first came over to Britain in the 5th Century when Germanic peoples from Jutland (the Jutes) and Denmark (the Saxons) invaded. They forced the original inhabitants the Celts to the outskirts of Britain Scotland, Wales, Cornwall and Ireland. It is for this reason that the a lot of the original Celtic language still remains in the Scottish, Irish and Welsh languages. The Germanic invaders language was almost identical to Modern Frisian, the language which is now referred to as Old English. Depending on where in Britain the Jutes and the Saxons settled, new dialects emerged. The most prominent of these being Northumbrian in the North of England, Mercian in the Midlands, West Saxon in the South and West, and Kentish in the Southeast. Around two hundred years later, during the 8th Century, the Vikings invaded Britain from Scandinavia. As with the original Germanic invaders, they brought with them a new language dimension Old Norse. This language however, was itself descended from North Germanic and so was very similar to the Old English which was being spoken in England. As the language spoken throughout Scandinavia at the time was mostly understandable by the Anglo-Saxons, they brought, with relative ease, many new words to the language of England, especially to the Northern regions. In 1066, the Duke of Normandy, William the Conqueror, did as name suggests, and invaded and conquered England, and its Anglo-Saxon inhabitants. As with the Viking invasion two hundred and fifty years previously, the new rulers of England brought with them a specific addition to the language. However, also like the Vikings, the language spoken by the Normans had descended from the Germanic group and was called Anglo-Norman. However, it was in fact a French dialect which had simply been influenced by Germanic language features. It therefore was unlike the languages which had been brought to England during the previous two conquests, as it featured Latin based lexis and grammar, but with a basic Germanic heredity. Although Old English had already been remotely influenced by Latin during the Roman occupation of Britain during the 7th Century, the language of England now properly incorporated distinct Latinate linguistic features. The mixture of these two languages French and Old English came to be known as Middle English. The French dimension began to slowly dilute itself however, when the original Norman rulers lost ownership of Normandy when it was conquered by the French King in 1204, and therefore lost contact with the province they had once owned, and focused on their main land England. The Middle English language remained more or less the same for several centuries (apart from inevitable lexical developments) until the late 1400s, when a great invention revolutionised the English language and became the last major factor in the development of Modern English. This ground-breaking device was the printing press, which was created by William Caxton in 1476. It made such a significant impact because, for the first time ever, the English language could be written and produced in mass amounts relatively easily. This meant that news could be spread quicker and with less difficulty, as bulletins, leaflets and books could be produced in large quantities at a lower price, as writing was no longer done by hand and therefore took a lot less time. As books were now cheaper, the literacy rate rose and the masses began to educate themselves. Reading was therefore no longer reserved for the nobility. This also meant, however, that the English language had to be standardised for everyone to be able to read it with the same facility. The dialect of London, where the first printing press and most of the future publishing houses were located, therefore became the standard way of writing. Spelling and grammar rules were fixed and the Middle English dialect, finally became the standardised language that we know it to be today. This was later confirmed in 1604, when the first ever English language dictionary was published. So, now that English had more or less fully developed itself, how did it, instead of other, ancient languages such as Latin, Greek, Arabic and Chinese grow to become so powerful and overtake these well-established languages in between Shakespeares era and the 20th Century? The first reason is the exploration and colonisation of distant countries and areas around the world by Britain who, at the height of its empires rule (late 19th and early 20th Century), ruled over 1/3 of the world. The British explorers travelled far and wide, conquering regions and establishing English as their primary language, as a means of exerting a civilising influence on countries within the empire, and in order to demonstrate their superiority. Many of these colonies, most of which have since become independent, still use English as their principal or official language, for example the United States, Australia, New Zealand, Hong Kong, Singapore, Nigeria, the Philippines, and Malaysia. This is due to the fact that many of these countries have numerous different regional dialects, for example in India (which utilises English as its official language) a census recorded over 200 different mother tongues even though the Indian constitution recognises only 18 official Indian langu ages. The colonisation of the United States in particular made a great impact upon the use of English as a global language. As early as during the 1750s, renowned philosopher and writer David Hume rightly stated that, Our solid and increasing establishments in America promise a superior stability and duration to the English language. This is because during the 1800s, England was firmly establishing itself as the workshop of the world, and with the onset of the Industrial Revolution, during which, England paved the way for the invention of technological wonders, America gained speed in the race for economic power. With the invention, in the early 1900s, of steam technology, came the real breakthrough in the globalisation of the English language, as the press became mechanised and so news about British and American technological developments travelled further, and more frequently, to the colonies by the new railways and steamships. The news of these miraculous inventions now reached the rest of the world with such haste, and international markets soon realised that if they wanted to make a significant impact during the Industrial Revolution, they had to improve their knowledge of what technology was being invented. As much of this technology came from England and America, the directions about how to use the machinery were written in  English and so foreign traders had to learn English, or at least have enough capability to ensure basic understanding. In fact, it has been stated that when all of the industrial and scientific developments from America are added to those from Britain, it can be calculated that over half of the significant technological yield of the Industrial Revolution was written in English. These technological advancements that were being made had widespread linguistic consequences. New terminology used to describe the industrial and scientific developments was invented, and rapidly became part of the English language, adding thousands of words to the already growing lexicon. These newly improved modes of transportation (steamships) also helped the expansion of English, as travel and exploration became easier. New lands were being discovered and so the English language was able to spread even further. For example, in 1769, British explorer James Cook discovered Australia and by 1790, Britain had already set up its first penal colony in Sydney, in order to relieve the pressure on the overcrowded English prisons. It became the destination for British convicts who had been declared criminally incurable. However, the convicts thrived and began farming, which built up a reasonable economy. The population increased, and eventually Australia was no longer regarded as the island made up solely of prisoners, and it became an economically developed continent with English as its mother tongue. Slavery was also a way of spreading the English language. During the 1700s, Westerners began to take Africans from their native land, which had already almost entirely been colonised by the Europeans, and exported them back to their own countries as a means of free labour. Even once they had been shipped abroad, their captors were worried that they would band together and revolt against them. The way in which they decided to stop this from happening was by grouping up the slaves by what language they spoke. Those who were from the same parts of Africa or who spoke the same language or dialect were separated. They were now helpless they could not communicate with each other in order to rise against their new masters, which was  exactly what their owners wanted. However, in order to be able to get these slaves to work for them, the Westerners had to teach them their own language. As many slaves were transported to America in particular, they were taught how to speak English. This language became their only means of communication with not only their masters, but with each other as well. The English language was thus expanded even further. It was also from this that the black vernacular of today developed itself. Although during the first half of the 19th Century (the beginning of the Industrial Revolution) new transport systems were developed (as mentioned above) and vastly improved communications between countries and continents, the real breakthroughs came in the second half of the century. This was the invention of the telegraph and then the telephone by Alexander Graham Bell, which made interpersonal contact across countries almost instantaneous. These means of communication greatly helped the growth of the English language, because they are widely regarded as two of the most influential developments of the century, and were either patented, developed or created by an American. By the end of the 19th Century therefore, America had overtaken Britain, as well as everyone else, as the worlds fastest growing economy. By the early 20th Century, Britain and the United States were known for their economic imperialism they together invested more money than any other country in the world and were known as the global economic trade capitals. The rest of the world could see how much money these two countries were making and therefore wanted to join them, however, like with the Industrial Revolution, to do so, they had to learn the economic language, which at this point in history, was most definitely English. David Crystal states that If the metaphor money talks has any meaning at all, those were the days when it was shouting loudly and the language in which it was shouting was chiefly English. Today English is incredibly wide-spread and it is constantly expanding. The main reason for this, in my opinion, is because of the media. The first medium through which English is, and was, spread is through newspapers.  Everybody needs to know what is going on, in not only their country, but abroad as well. Newspapers are the main publication which are indispensable, because no matter what scientific or technological developments are created, the world will still need this type of information delivered through this simple and cost-effective medium. This is why the fact that five thousand newspapers, more than half of the newspapers published in the world, are published in English, is so important to the constant growth of the English language. Television and cinema are other forms of media which greatly helped English get to the position it has reached today. The technology of this industry was first developed in Europe and America during the 19th Century, and by 1900, Britain and France were leading the way in the art of filmmaking. The First World War stopped them in their tracks however, which gave America the chance to gain dominance within the field. Feature films were developed, and the actors became stars across the world, thus solidifying Americas control over the film industry, which it still maintains today. Their industry is the largest and richest, and therefore the films which are produced, are sent off all around the world where they are subtitled (or dubbed). Through watching these movies, people abroad are learning the English language, whilst being entertained. The same can be said of the power which American television has over the world, and its obvious benefits. For example, two hundred and fifty million Chinese people (more than the population of the United States itself) are learning English on TV. Popular culture, in particular pop music, also affected and is still affecting the growth and spread of the English language. The phonograph the first machine which could ever record and reproduce sound, was invented in America in 1877 by American, Thomas A. Edison. Most of the significant technological developments made in the record industry therefore took place in America. The invention of LP disks and records was obviously not the beginning of music, but it gave music the ability to travel across the world without the composer or artist having to travel themselves. It therefore  allowed other countries to experience foreign music, especially American music, which was increasingly popular because of its often fast-paced beat which was ideal for dancing, which symbolised the carefree notion which Europe, during the First World War, craved. In conclusion, the English languages label of global language is one which is entirely founded. It has proved its dominance all around the world, its power has spanned many centuries, and today, with the internet the means of communication of the future recording 94% of its sites as being written in English, it is safe to say that it will continue to do so for many future generations.

A Rose For Emily - In Memory Of Emily Grierson Essay -- essays researc

In the short story  ¡Ã‚ §A Rose for Emily, ¡Ã‚ ¨ (1930) William Faulkner presents Miss Emily ¡Ã‚ ¦s instable state of mind through a missed sequence of events. Faulkner arranges the story in fractured time and then introduces characters who contribute to the development of Miss Emily ¡Ã‚ ¦s personality. The theme of isolation is also presented by Faulkner ¡Ã‚ ¦s descriptive words and symbolic images. Faulkner uses anachronism to illustrate Miss Emily ¡Ã‚ ¦s confused mind. The story is split into five sections. The first section begins with Miss Emily ¡Ã‚ ¦s funeral and moves on to her past. Faulkner first recaptures the dispensation of Miss Emily ¡Ã‚ ¦s taxes in 1894, he continues by illustrating Miss Emily ¡Ã‚ ¦s nature no to accepts new concepts. When the  ¡Ã‚ §next generation, with its more modern ideas ¡Ã‚ ¨ comes along, Miss Emily refuses to accept them (1009). Miss Emily ¡Ã‚ ¦s mixed feeling about the past is reflected in the structure of the story. Unlike most stories, the narrator does not continue the plot with the next chronological event rather presents one that happened two years earlier. This switch once again mirrors Miss Emily ¡Ã‚ ¦s unclear state of mind. The story ¡Ã‚ ¦s disjointed time frame not only reflects a puzzled memory but it also suggests Miss Emily ¡Ã‚ ¦s unwillingness to move along with time. While the reader reads through time and expects the story to be in sequence, Faulkner deliberately switches the time back and forth to emphasize Miss Emily ¡Ã‚ ¦s desire to stay in past. After the author introduces the character of Miss Emily, he goes back even further into the past to explain why Miss Emily possesses her unique personality. He also contributes to the development of Miss Emily ¡Ã‚ ¦s personality through the introduction of her father, Homer Barron, and Miss Emily ¡Ã‚ ¦s great aunt who all influence her maturity and experience of life. The primary figure in Miss Emily ¡Ã‚ ¦s life is her father. Faulkner uses this relationship to reveal Miss Emily ¡Ã‚ ¦s reserved nature. Because her father is an upper class figure, some of his ways of thinking has  ¡Ã‚ §thwarted [Miss Emily ¡Ã‚ ¦s] life ¡Ã‚ ¨ (1013). Miss Emily has always been kept in confined environments that only her father knows what she will do. The event of her father ¡Ã‚ ¦s death is a shock to Miss Emily because the guidance of her father is gone. This explains Miss Emily ¡Ã‚ ¦s behavior after her father ¡Ã‚ ¦s death as well as her reaction to another ... ...ulkner ¡Ã‚ ¦s short story  ¡Ã‚ §A Rose for Emily ¡Ã‚ ¨ uses many literary devices such as plot to emphasize the theme of mixed memory. While most stores are written in chronological order, this story is broken up into characters to build up Miss Emily ¡Ã‚ ¦s personality both externally and internally. While Faulkner uses Miss Emily ¡Ã‚ ¦s father and homer Barron to affect miss Emily in her environment, Faulkner also old lady Wyatt to suggest the possible inheritance of this unexplainable behavior from her family. Descriptive words are another big part of the story since Faulkner uses them to describe the themes of old age and isolation. While  ¡Ã‚ §coquettish decay ¡Ã‚ ¨ and  ¡Ã‚ §tarnished gold head ¡Ã‚ ¨ is used to compare old to new,  ¡Ã‚ §noblesse oblique ¡Ã‚ ¨ is used to reflect Miss Emily ¡Ã‚ ¦s past. Not only does Faulkner use descriptive words to describe Miss Emily, but he also uses symbolism. Throughout the story, Faulkner uses the description of Miss Emily ¡Ã‚ ¦s house to refer to Miss Emily herself. Miss Emily ¡Ã‚ ¦s once normal behavior and deterioration is captured in the house ¡Ã‚ ¦s old-fashioned look and the decayed look. Faulkner uses all these literary devices to present the themes of mixed memory, old age and isolation.

Jainism vs. Sikhism Worksheet Essay

1. Ahimsa- nonviolence belief means extremely gentle or harmless. This is the core belief in Jainism. It includes avoiding occupations that may harm other living animals including insects, using items made from animals such as leather and feathers. 1. Have allowed for the religion to develop military defense. Because on the early Gurus was murdered as a martyr the military or body guard sect was formed. These soldiers are known as the Khalsa. 2. Non-Lying- Jains must practice telling truths. This means avoiding exaggeration and falsehoods. Nonstealing- It is practicing the basic concept of not taking any possession that is not one. Items must be giving freely. This is caused by desire and wanting to inflict pain on others. 2. Sikhs are allowed to eat meat and do not have a diet system as strict as other Hindu religions. 3. Rejects the belief in a creator, instead believe that the universe was created by natural forces in motion 3. Sikhs believe that the universe was created by one God. This one God is the divine entity in their monotheism religion. 4. Chastity- For monks and nuns it is complete celibacy. For Jains outside the order it means to perform monogamy with one’s spouse. Sex outside this can lead to blind passion and an attachment to the physical world. 4. Sikhism is the combination of two religions forming. The Islamic and Hindu religions molded together as many ideas were shared. For example the belief in one God. 5. Nonattachment- Believe that human form bonds with family, possessions such as homes and money, land etc. Jains believe that these attachments can control a person. Practice to limit these possession in not possible to eliminate them. 5. Sikhs believe in reincarnation and karma. This is one of the few fundamental areas that Sikhs adopted from Hinduism. Part 2 Respond to the following questions in 150 to 200 words: 1. What do you think is the most important similarity and which is the most important difference? Use specifics to support your answer. The most important difference is that of the creation of the universe. Jains regret the idea that the universe was created by one creator. Rather they believe that the universe was created out of natural forces in motion. And that they forces are constantly changing. Sikhs on the other hand believe that the universe was created by one God. This one God is the divine entity in their monotheism religion. This helps to formulate the understanding in each religions core beliefs. â€Å"Regardless of their difference, both religions stress the importance of the individual’s struggle to purify the self, to act morally, and to do good to others,† Malloy (2013). The most  important similarity is that of karma and reincarnation. These basic principals have been adopted from Hinduism. It represents the main mantra that life on this plane must be lived in the path of righteous. By doing onto others and acting selfless these two religions are formed under one basic principal: to achieve the ultimate goal of life on the highest existence level. 2. Consider the following statement: Sallekhana (â€Å"holy death†) violates the Jain principle of ahimsa because it is an act of violence against oneself. Using examples from Ch. 5 of your text, what points might a follower of Jainism make to argue against this statement? Ahimsa is defined by â€Å"Merriam-Webster† (2015) as â€Å"the Hindu and Buddhist doctrine of refraining from harming any living being.† Ahimsa is actually much more than this, it entails a lifetime of practice and includes being as gentle and harmless as can be. It involves in restraining in any act of violence. The Jains uphold this belief with the highest regard and understand that it takes much more than harming other living being but also from harming oneself. The concept of Jains is to achieve freedom of spirit. â€Å"Jains do accept ending one’s own life, but we must understand the practice form the Jain point of view and within the context. Jains see all life as a preparation for the liberation of the spirit(jiva) from the body, and when a person is sufficiently evolved spiritually, that person can make the e final choice to no longer create more karma† Malloy(2013). The Jains believe in nonattachment to earthly possessions, and therefore one can find honor is ending one’s life. Sallekhana or holy death is â€Å"the most highly esteemed method, however, is self-starvation,† Malloy (2012.) There by withholding from food the Jains are becoming more selfless and freeing his or her spirit from the earthly plane and achieving a high level of karma. References: Merriam-Webster. (2015). Retrieved from http://www.merriam-webster.com/dictionary/religion Molloy, M. (2012). Experiencing the World’s Religions. Tradition, Challenge, and Change (6th ed.)Chapter 5. Retrieved from https://newclassroom3.phoenix.edu/Classroom

On what grounds have Liberals defended democracy

Liberals, no matter classical or modern, believe in small state. As Thomas Paine put it: â€Å"Government, even in its best state, is but a necessary evil†. This concept links nicely with the idea of democracy, which literally means â€Å"rule by people†. Liberals have defended democracy on the grounds that people must have a way of protecting themselves against the government and its actions.This type of democracy is also referred to as protective democracy. Moreover, democracy opens an ability for people to choose. In a pure democracy, for instance, people would vote on every occasion ND policy, hence the core liberal idea of individualism would flourish in its fullest. However, in modern society it is practically impossible to have pure democracy, so we have to resort to participatory democracy.This still support the idea of individualism, as each vote counts towards the end result. Moreover, democracy improves political participation as people know that their voices will be heard. It also encourages political education in order to make the best choice of the candidate, which links with the idea of reason and the core period in liberalism's history of enlightenment.By being rational and self-seeking, individuals will want the best for themselves, hence they will seek to vote for the candidate that suits their needs and beliefs best, In order to do so, they will have to read, debate or learn about them by other means, which will increase the overall Intelligence of Individuals and therefore help them achieve their full potential, which Is what modern liberals believe is the main function of the government. Talking about modern liberalism, they have also defended democracy on the grounds that It promotes pluralism In our society.Democracy gives many competing groups, such as political parties or pressure groups, a political voice, which connects those to the political system and hence maintains political stability. Stability Is further promoted I n terms of Individuals: they all have a vote, and even If their candidate looses the election, a rational Individual will understand that the candidate who won had the majority support. In conclusion, liberals have defended democracy as It adheres to their core principles of Individualism and reason, as well as their view of the role of the government. ICC will increase the overall intelligence of individuals and therefore help them achieve their full potential, which is what modern liberals believe is the main defended democracy on the grounds that it promotes pluralism in our society. Maintains political stability. Stability is further promoted in terms of individuals: they all have a vote, and even if their candidate looses the election, a rational individual liberals have defended democracy as it adheres to their core principles of individualism and reason, as well as their view of the role of the government.

Preparing a Dynamic Lesson Plan in Education

Preparing a Dynamic Lesson Plan in Education A lesson plan is a detailed description of the individual lessons that a teacher plans to teach on a given day. A lesson plan is developed by a teacher to guide instruction throughout the day. It is a method of planning and preparation. A lesson plan traditionally includes the name of the lesson, the date of the lesson, the objective the lesson focuses on, the materials that will be used, and a summary of all the activities that will be used. Furthermore, lesson plans provide a terrific set of guidelines for substitute teachers. Lesson Plans Are the Foundation of Teaching Lesson plans are the teachers equivalent of a blueprint for a construction project. Unlike construction, where there is an architect, construction manager, and a myriad of construction workers involved, there is often only one teacher. They design lessons with a purpose and then use them to carry out the instruction to construct skilled, knowledgeable students. Lesson plans guide the daily, weekly, monthly, and yearly instruction within a classroom. Dynamic lesson planning is time-consuming, but effective teachers will tell you that it lays the foundation for student success.   Teachers who fail to put in the proper time to plan accordingly short change themselves and their students. The time invested in lesson planning is well worth any investment as students are more engaged, classroom management is improved, and student learning naturally increases.   Lesson planning is most effective when it is focused on the short-term while always being mindfully aware of the long term.   Lesson planning must be sequential in building skills. Primary skills must be introduced first while eventually building to more complex skills.   In addition, teachers should keep a tiered checklist allowing them to keep track of what skills have been introduced to give them guidance and direction. Lesson planning must be focused and tied to district and/or state standards. Standards simply give teachers a general idea of what is supposed to be taught. They are very broad in nature. Lessons plans must be more specialized, targeting specific skills, but also including the methodology for how those skills are introduced and taught.   In lesson planning, how you teach the skills is as important to plan as the skills themselves. Lesson planning can serve as a running checklist for teachers to keep track of what and when standards and skills have been taught. Many teachers keep lesson plans organized in a binder or a digital portfolio that they are able to access and review at any time.   A lesson plan should be an ever-shifting document that teacher is always looking to improve upon.   No lesson plan should be viewed as perfect, but instead as something that can always be better. Key Components of a Lesson Plan 1. Objectives - The objectives are the specific goals that the teacher wants students to obtain from the lesson. 2. Introduction/Attention Grabber - Every lesson should start with a component that introduces the topic in such a way that the audience is drawn in and wants more. 3. Delivery - This describes how the lesson will be taught and includes the specific skills students need to learn. 4. Guided Practice - Practice problems worked out with assistance from the teacher. 5. Independent Practice - Problems a student does on their own with little to no assistance. 6. Required Materials/Equipment - A list of materials and/or the technology needed to complete the lesson. 7. Assessment/Extension Activities - How the objectives will be assessed and a list of additional activities to continue to build on the stated objectives. Lesson planning can take on a whole new life when.......... teachers include opportunities for differentiated instruction. Varying instruction according to strengths and weaknesses is essential in todays classroom. Teachers must account for this in their planning to ensure that each student is getting what they need to grow.teachers create lessons plans that include cross-curricular themes. Components such as math and science may be taught in conjunction with one another. Art or music elements may be included in an English lesson. A central theme, such as weather may be used to across all content and curriculum.teachers work together to create lesson plans as a team.   The melding of the minds can make lesson plans more effective and can save time for everyone involved.

Fictional and Fictitious

Fictional and Fictitious Fictional and Fictitious Fictional and Fictitious By Maeve Maddox Websters Unabridged Dictionary gives the same definition for both fictional and fictitious: of, relating to, characterized by, or suggestive of fiction. Fiction, of course, is anything untrue, whether its a lie or a novel. Websters gives six definitions for fiction, among them: 1 : the act of creating something imaginary : a fabrication of the mind 2 a : an intentional fabrication : a convenient assumption that overlooks known facts in order to achieve an immediate goal b : an unfounded, invented, or deceitful statement 3 a : fictitious literature (as novels, tales, romances) b : a work of fiction; especially : NOVEL Making a distinction between fictional and fictitious, however, is both useful and customary. Fictional tends to be used in talking about fiction in the sense of creative writing: Alice in Wonderland is a fictional character created by the mathematician Charles Dodgson. Fictitious tends to carry a negative connotation and is used to denote fiction associated with dishonesty: The man used a fictitious resumà © to obtain the job. We praise Ken Follett for writing a fictional account of the building of a cathedral, but we condemn a journalist who incorporates fictitious elements in a news story. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:50 Slang Terms for MoneyAt Your DisposalWhat Is the Meaning of "Hack?"

MediSys_Case_Assignment Case Study Example | Topics and Well Written Essays - 500 words

MediSys_Case_Assignment - Case Study Example Common resources include public resources required by IntensCare team, but are prone exhaustion. 3. The president of the company has the rights of accessing all the information regarding the product being developed. The president can withdraw resources and exclude parts of the product that they consider unsuitable. 6.a) All members of the organization have chances of contributing towards decision making. The president recognizes that all members of the organization have chances to contribute towards decision-making and parallel development environment (Donnellon and Margolis 3). iii) Art Beaumont-He is the president and adopts a bureaucratic leadership style evidenced by the way he functionally organized the company when he was hired. He said that the management style of the company had become more of a command and control and emphasize on technical excellence (Donnellon and Margolis 3) iv) Aaron Garson-He is teamwork oriented and democratic. When he had an idea about patient monitoring system, he invited his friend Peter Fisher in the sales department and the two invited another friend from the software design. v) Bret O’Brien-He is democratic. He emailed other team members when he sensed a problem with fitting data displays and battery units into the customer size specs marketing provided (Donnellon and Margolis

A Key Role of Culture Essay Example | Topics and Well Written Essays - 1000 words

A Key Role of Culture - Essay Example The following sections examine the importance of national culture in the business context.How People See Themselves: In some countries people are viewed as basically honest and trust worthy where as in others as suspicion and distrust. This may result from the way people see themselves. They assume others are like them; they set certain schemas about different people. For example, it took Mc Donald’s a year to realize that Hindus in India does not eat beef, this hamper their sales initially until they get shifted to lamb meatEthical Decision Making: Society continues to be apprehensive about the impact of ethics on decision making. The increased globalization of today's business suggests that more emphasis should be given to the potential impact of culture on ethical decisions. Understanding of cross-cultural ethical differences is quite important in today’s world because the ethical standards are variable in different cultures.Individualism versus Collectivism: Individ ualism refers to people regarding themselves as individual like USA, Canada, Britain etc, while collectivism refers to people regarding themselves as a part of a group like Japan, China, Israel etc. The differences between the two reflect in many ways, such as in hiring practice. In countries where individualism is important, job applicants are evaluated on the basis of personal, educational and professional achievement where as in group oriented societies applicants are evaluated on the basis of trustworthiness, loyalty.

For an organisation; product; service or brand of your choice you are Essay

For an organisation; product; service or brand of your choice you are required to answer the following three questions - Essay Example It actively supports candidates who draft public policies that are related to the brand and its products. The company has its own political action committee Kraftpac which makes valuable contributions to the US Federal and State political parties and candidates; however all corporate contributions are made as permitted by law (Kraft Foods Group, 2014). The economic downturn has also affected Kraft Food sales; however it quickly launched strategies which helped it to recover from this difficult situation. For instance, it came up with meal solutions through which consumers got make the most of their grocery dollars and get quality food at reasonable rates (Kraft Foods Inc., n.d. [a]). In 2013, the sales of its refrigerated meals, beverages, snack nuts and enhancers increased while the sale of its cheeses decreased slightly (Zacks Equity Research, 2014); however it did miss its target slightly. On social front, Kraft Food is quite active and gives priority to health, well-being and nutrition issues. It has earned a name for itself in fighting obesity on one hand and malnutrition and hunger on the other (Siegert, 2013). It has emerged as a strong oppose of negative lifestyles and also been vocal about food quality and safety. Health maintenance, water purification and unaffordable nutrition are other factors it has been working on. During the anti-obesity drive, the company launched a policy not to target children below 6 years with its advertisements (Siegert, 2013). Better-for-you-products are advertised to children aged between 6 to 11 years. In school advertising has been eliminated and in Europe, the nutrition content is also mentioned on the packages to help consumers adopt a healthy lifestyle (Kraft Foods Inc., n.d. [c]). Kraft Foods has also lowered salt content and fat content from some of its products (Kraft Foods Inc., n.d. [c]). Innovation has always been the hallmark of Kraft Foods. It uses technology to its advantage and has come with

Plato Essay Essay Example for Free

Plato Essay Essay 1. a) Explain how Plato’s epistemological assumptions shape his metaphysics (Why does he think that there must be Forms? Hint: Plato says (in effect): â€Å"Since knowledge is certain, therefore the objects of knowledge must be unchanging. †). b) Define Plato’s Forms and present the theory of Forms by explaining the â€Å"divided line. † (You can use the visual image, but explain it. ) Plato was extremely devoted in answering the sophists’ skepticism about reason and morality. To do so, he spent more time than any philosopher before him studying knowledge, or epistemology. He realized that to answer the sophists’ skepticism he had to first solve the three main problems that earlier philosophers had left behind; the problems of change, the â€Å"one† and the â€Å"many†, and the problem between appearance and reality. Plato started where Heraclitus, who said that everything is changing, and Parmenides, who said that nothing ever changes, left off. He said that both philosophers were correct in their assumptions, for they were talking about different types of objects. Heraclitus is correct in terms of the sensible realm; it obviously exists, and is a flux that conforms to the â€Å"measures† as he suggested. Parmenides was correct in terms of the intelligible realm. Plato thought that beyond the world of physical objects in space and time is another world that is nonphysical, non-spatial, and non-temporal. He called this the world of ideai, or forms. These forms are nonphysical, non-spatial, non-temporal objects of thought that are more real than anything else. Whenever we are thinking, according to Plato, what we are thinking about is a form. For example, a triangle drawn on the board in class, no matter how perfect and real it may appear is merely a copy of the form of triangle; a plane figure enclosed by three straight lines. It is like a triangle and looking at it helps us think of the real triangle, but it only relates, or â€Å"participates† in Plato’s terms, to its’ true form. This theory applies to the entire sensible realm because everything changes and nothing stays exactly what it is. In the world of forms, however, everything is always what it is and never another thing. Plato believed that because the world of forms is Parmenidean, or eternal and unchanging, it is therefore possible for us to know it. To explain his theory of forms in depth, Plato used the image of the â€Å"divided line†. Take a line and divide it into two unequal parts, one part representing the physical world and one representing the world of forms. Then, subdivide these two parts in the same ratio, creating two sub-parts of the physical world (call them A and B) and two of the world of forms (call them C and D). Plato says let the first, or lowest, section of the physical world (A) stand for images, such as shadows or reflections. Let the second section of the physical world (B) stand for the actual objects that cast these shadows, like trees, humans, or desks. In the world of forms, Plato continues, let the first section (C) stand for the lower forms, or the forms of the objects in section B. The second section in the world of forms, the highest section of all, (D) then stands for the higher forms, or the science of first principles; the knowledge that, if possessed, would prove the basic assumptions of the special sciences. Plato believed that the nearer we are to the base of the divided line (A), the more conditioned our knowledge is. We can move up the line through dialectic, a process of questions and answer that utilizes hypothesis, criticism, and revision to move nearer to unconditioned knowledge. The higher we climb via this dialectic, the more we rid ourselves of conditions and the better we grasp the knowledge of the non-material abstract forms (D). According to Plato, these are the forms that possess the highest and most fundamental kind of reality. 2. a) How does the Form Man explain the existence of the many individual men? b) What is the nature of man and how is the individual man analogous to the state? c) What is virtue or justice in man and in the state? Plato’s theory of Forms led him to many assumptions, one of the most important of which is his view on the form of â€Å"man† and his relation to the state. He understood that no one man has ever been perfect and that each man participates in the form â€Å"man† to different degrees. Individual men are adequate copies of the true form of â€Å"man†. Plato believed that the men who participate in the form more fully are going to more real, and therefore  better, then the men who participate less. This is better explained by his philosophy of the nature of man and his analogous relationship to the state. Plato recognized the nature of man as a psyche, or soul, that was grouped into three main parts. Each of these three parts have motions proper to them that he believed, if harmonized, would lead to eudaimonia, a total well-being. The first, and lowest, part of the soul he called the appetites. The highest part Plato called reason. The third part, between appetite and reason, he called spirit. He saw the state as having three main parts as well, each corresponding to one of the three parts of the human psyche. Every state needs a governing body, whether kings or congress, so this will be the first part. The second is reserved for the essential producing class, which includes merchants, industrial workers, agriculturists, and so on. Third, Plato held that every state needs a group, between the governing and producing classes, to maintain the state against enemies; this is the guardian group. The analogy relates the producing class to appetite in the individual, the governing class to reason, and the guardians to spirit. Plato wasn’t just satisfied with this, he wanted to know the virtues of these classes, in other words, he wanted to know what each could contribute best. Like organs in an organism’s body, Plato believed each part of the soul and state have a particular role to play in the whole; they were not discrete and complete in themselves. He thought that the function of the members of the producing class was to provide themselves and the nonproductive classes with the necessities of life, such as food, shelter, and clothing. He realized that if everybody were to be provided for sufficiently, some of the producers would have to put up with having less than others. They would have to be ready to â€Å"restrict one’s own consumption for the sake of achieving some sort of balance in the state as a whole†, thus their virtue is moderation or as Plato called it, temperance (Jones 169). The guardians, who make up the second class, must be courageous when defending the state against its enemies, thus their virtue is courage. The governors make the highest decisions in the state. They determine war or peace, educational and economic policies, and so on. To make correct decisions they require knowledge; this is their virtue. A state in which each class is performing its function is just state. Only when the rulers are making wise decisions that are executed with courage and loyalty by the guardians, and the rest of the population is exercising some restraint in its pursuit of material well being, will the citizens of the state be happy. Since the state’s three classes exactly correspond to the three parts of the soul, we are able to understand what Plato took to be their respective virtues. Just like in the state, every individual has producing part that keeps them â€Å"alive and active, a rational part that is intended to guide and direct the energy produced by the body, and a spirited part that is intended to help keep the body in order† (Jones 169). Just as the functions of the soul correspond to the state, so do its virtues. A virtuous man is temperate in satisfying his various appetites and lives a life of reason that is supported by his spirited elements. 3. a) Use the allegory of the cave to illustrate Plato’s political views. In doing so, you should b) explain how the theory of forms supports Plato’s favored form of Aristocracy (to begin with, recall the relation between individual men and the Form of man) and c) explain how the theory of Forms grounds his criticism and rejection of democracy (where in â€Å"the cave† are the Athenian democrats?where are they on the divided line? ) As we have seen, Plato uses myths and methods such as the divided line to explain his views on certain things; this is the case, too, with his views on politics. To understand these views we must examine his allegory of the cave. He said to imagine there was men in a dark cave that were chained by their necks and ankles in such a fashion that they could not move their legs or necks and could only see what was in front of them. These men had been in this cave since childhood. Higher up behind them is a fire that is separated from the prisoners by a sort of puppet-show screen. This fire and screen were used by people carrying various artificial objects, such as figures of men, animals, and other materials, to project the shadows of these objects onto the stone in front of the chained men. It was so dark that these prisoners had no clue they were not alone and if they spoke to each other, they assumed they were speaking with the projected images. Plato goes on to say, imagine if one of them were set free and forced up the steep ascent into the sunlight. He would realize that what he experienced in the cave was not as real as what actually existed. Nature and the sun would enlighten this man and therefore he would gain true knowledge of the world as it is. Plato reasoned that these men, the ones who make it out of the cave, are the men who should rule the rest. His politics were based on man being a social animal, with desires, not only for sleeping or drinking, but communicating with his fellow men in the community. Therefore, he thought communal life is good and all other human goods depend on it for any sufficient satisfaction; an individual, who is really part of the larger state, is neither complete nor himself in isolation. If the good life for the individual is possible only by community, then there must be some sort of government to give direction to the numbers of men and women who live and work together. Plato believed that the few who are wise and good should rule the many. As his theory of Forms suggests, all men participate to the form of man to different degrees. He thought that the few men who participate at the highest levels of the form, the most knowledgeable that have exited the cave and been enlightened, are the ones best for ruling, and doing so rationally; the many are lacking in knowledge and virtue. Plato favored an Aristocracy ruled by these knowledgeable philosopher-kings who would impose the temperance on the producers through selective education and controlled propaganda. Each person, in his view, would find their happiness by playing the part in the state that their degree of participation to the form of man best suited them for. Plato therefore criticized democracy because instead of philosopher-kings who have true knowledge, the rulers are chosen on irrelevant grounds. The art of ruling, which he thought to determine what is best, became in democracy the art of appealing to the masses with flattery. Plato believed that in a democracy it is impossible to exit the cave or rise to the highest section of the divided line because it is powered by rhetoric. Rhetoric works at the level of opinion and only invokes belief by emotional mean, rather than operating at the level of knowledge, where analyzing the forms allows us to discover the truth.

Nuclear Tragedy on Three Mile Island :: History Nuclear Essays

Nuclear Tragedy on Three Mile Island The Three Mile Island accident can be attributed to both human error and mechanical failure. This story begins on March 28, 1979 at about four o'clock in the morning. Every thing seemed to be running efficiently down at the nuclear power plant in Three Mile Island. Little did anyone know the catastrophe that was about to occur. The problem started in the secondary loop. There was a slight malfunction, which caused the pumps to shut down automatically. The alarms sounded immediately within the control room. Water pressure and water temperature began to build in the primary loop, because the heat could no longer be transferred to the secondary loop. However, this seemed normal and was no cause for immediate concern. At this point, the pressure relief valve (PORV) had opened automatically and released the steam into a holding tank. The backup pumps, which are located in the secondary loop, automatically turned on. Then, the cut-off valves disconnected the pumps from the system. The operators in the control room still felt that everything was running normal and there was nothing to worry about. Then, the PORV light went out indicating that the valves were then closed; however they were not. The steam and water continued to be released causing a loss of coolant accident (LOCA). The emergency injection water (EIW) was set in motion in the primary loop. The EIW is activated in the case of a LOCA. This did not concern the operators because it had happened before during numerous false alarms. However, they kept their eye on it, and noticed that the water in the primary loop was rising, while the pressure was decreasing. They turned off the EIW, but the water still appeared to be rising. However, that was not the case at all. The water along with the steam was being released through the PORV, without the operators knowing. By this time, over three thousand gallons had escaped from the primary loop. The instrument that checks the level of radioactivity levels was not functioning, so the operators had no reason to suspect a LOCA. The gauges in the control room continued to falsely state that the water levels were up. At this time, two of the four pumps were turned off in the primary loop caused by the amount of pressure from the steam traveling through them. Then, the last two pumps in the primary loop shut off.

Creative Brief GAP Inc.

The launch of the Americana khakis for the young professional, in other to reconnect with the Identity of what GAP Inc. Comfortable, stylish, quality, strong American brand. Ill. Description of product or service. Gap Inc. And Its preppy khakis feel more comfortable, lightweight, wrinkle worry free, excellent fit, resistible, washes and finishes, with best quality fabric for an average rice point of $54. 5. They are durable and last longer, also with new shapes for every young men and women with family that has no time and would like a quality product. IV. Why are we trying to accomplish with this communications piece? To reconnect the customer with the brand identity and regain the that young old growing customer, offering khakis at affordable price, but also offering more stylish and exciting, relatively conservative, and functional khakis to use anytime. Let always to look in-style, casual at work, at home, and at play.V. What Is the tonality of the ad? The tonality of the ad camp aign with Khakis will be creative. Fun, excellent. Connecting with past. The aim is to bring back and keep our loyal customers with Khakis classical style. By remaking the old ads from the ass's, with famous music songs of today dancing, playing, and working with the Khakis. VI. Who/What is our competition? American Eagle Outfitters, J. Crew, Firebombed & Fitch, Express, Reportable, Banana Republic, Old Navy, H and J. C Penny VI'. Who Is the target consumer?It is aim to young professional men and women ages 25 – 40 who have disposable 1 OFF commitment to brand loyalty and want to look good while keeping their purchases within their budget. They wear khakis to feel: comfortable and in style too. People wearing these khakis pants should feel natural, relaxed, and authentic. VIII. What is our single most persuasive idea? Khakis are classic, bringing back durable but also chic and fashionable every drawer and GAP Inc. , Go Khakis this season. The quality and services also importa nt role in the brand. ‘X.Why should our target believe the promise? For years GAP Inc. Offers good quality, simple, classic yet comfortable American style with this we reinforce and reconnect with the consumer and American tradition of the Khakis. X. What is personality for this product or service? Preppy and young professionals X'. What is the medium? TV ads are important as well as Media use of Internet: Youth, and Social Media advertisement using the new Khakis style. Magazines that target more family, fashion and general interest magazines US Weekly, Marie Claire, GO, Parent. XII.Approvals (Who is responsible for â€Å"signing off,† for example: Brand Manager, Marketing Director, then UP Marketing, after shoot the CUP XIII. First, Second, Third, Fourth Round Creative Due Dates – September 1st – until April 1st May. Introduce in XIV. Budget (example: budget is $50,000, quantity 2500, distribution via hand and mail) Budget of $1 Distributed quantity â₠¬â€œ TV media $ 600. 00/1/ ad campaign new version with artist collaboration Taylor Swift and other American famous artist that connect with GAP style. Social Media ad, Youth $300. 00 Print in Magazines $100,000

Custom as a Source of Law – M P Jain

INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the â€Å"Case Method† (c) The Case Method from Student’s point of view. The following extracts are from: (a) Stanley V. Kinyon, How to Study Law and Write Law Examinations (1951) (b) Edward H.Levi, An Introduction to Legal Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law School (Un-published ) (The essay is based on comments made orally to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 while the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY What is this thing â€Å"Law† which you are about to study? What is the nature of the subject and what are you supposed to learn about it?In one sense, the â€Å"law† is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience, have been worked out by governmental bodies to regulate human activities and define what is and what is not permissible conduct in various situations. We use the term in this sense when we say that a person â€Å"obeyed the law† or â€Å"broke the law† and a great deal of your work will be devoted to a study of the rules and regulations applicable to different areas of human activity.Such rules and regulations are sometimes found in our state and federal constitutions, more often in statutes, sometimes in administrative rulings, and in many instances have been developed by the courts themselves in the process of deciding the controversies that come before them. The term â€Å"law†, however, is also used in a much broader sense to denote the whole process by which organized society, through government bodies and personn el (legislatures, courts, administrative tribunals, law-enforcement agencies and officers, penal and corrective institutions etc. attempts to apply these rules and regulations and thereby establish and maintain peaceful and orderly relations between the people in that society. For example, when there is evidence that some person has killed another, or has robbed or stolen or done some other act disruptive of the public peace of welfare, not only do we assert that he has â€Å"broken the law† but we expect that the appropriate agencies of government will in accordance with the rules of law, apprehend and 2 Legal Profession and the Advocates Act, 1961 ring him before the proper court, conduct a fair and orderly trial to determine his guilt or innocence, and if he is guilty, prescribe and carry out appropriate corrective or punitive measures. Even where no public offence is involved, as where John Smith has an automobile collision with Joe Jones, or breaks a promise made to Joe & interferes with his property, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to â€Å"take it to court† for a peaceable decision in accordance with the established rules of law.This whole legal process is carried on through the various organs of government by a large number of people – legislators, lawyers, judges, police officers, administrative officials, and many others, most of whom must be intensively trained in various aspects of the system. Law schools are engaged primarily in training future lawyers, judges and others who will operate this legal system. Thus the study of law necessarily involves not only a study of legal rules but also a study of the whole legal system through which society attempts to maintain â€Å"law and order†.For, too many students get off on the wrong foot in law school because they don't understand the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you know by heart all the decisions and rules you have studied in a course you can still flunk the exam. After all, you learned the multiplication tables-not merely to be able to recite them like a poem but to enable you to solve problems in arithmetic.Likewise, you are learning rules of law and studying the court decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesn't make any difference whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and apply.To be specific you must learn how to take a particular problem accurately – classify it as it would be classified by a lega l tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the same conclusions and arrive at the same solution as the legal tribunal would, to carry on your own affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself.If, on the other hand, you know a lot of legal rules but can’t apply them and work out a reasonably accurate solution of the everyday legal problems you run into, you simply haven't learned what a lawyer has to know. Consequently, whenever you are reading a law book or discussing a problem in class or reviewing, keep this one thing in mind you're not merely memorizing what the courts and legislatures have said and done in the past. That’s history!You're trying to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE â€Å"CASE METHOD† OR â€Å"CASE SYSTEM† The â€Å"Case system† is based on the idea that the best way to study law is to study the actual court decisions in various types of cases and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields. The procedure is to have the student read selected â€Å"cases† in â€Å"casebooks† which have been prepared by outstanding legal scholars and then supplement his case reading by lectures, class discussions and a certain amount of outside reading in texts, law review comments and the like. The student's work under this system consists mainly of reading and â€Å"briefing† the cases, attending classes and taking notes, and periodically reviewing the work in each course). Consequently, if you are studying law un der this system you should know the best methods of doing these. Cases† and â€Å"Case Books† Before you can properly read and â€Å"brief† the cases in your casebook, it is essential that you understand what they are, how they came to be written, where the author of your case book got them, and what is in them. In some schools this is adequately explained when you start the first year's work. In others it is not, and therefore it is probably worthwhile to explain these things here briefly even though some of you may already known them. You obviously can't read cases intelligently unless you know what they are.Cases, as we shall use the term in this discussion, are the published reports of controversies which have come before the courts, including the court's decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (court's deciding cases appealed from lower courts). Trial court decisions (those ren dered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public distribution, except in the Federal courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, etc. n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial remains in short hand in the court reporter's notebook unless a case is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also usually submitted by each party to that court setting forth the arguments pros and cons and the authorities relied on. Each party then has an opportunity for oral argument before the appellate court judges at a time prescribed by them.After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. One of them is assigne d the task of writing a statement of the decision and the court’s reasons for making it. This is called the opinion, and when he has finished writing it, he submits it to the other members of the court who either approves it, suggest changes, or dissent, in which case they may write a dissenting opinion of their own. After the majority of judges have approved an opinion, it is â€Å"handed over† together with any dissenting opinions.Then, it is given out to the parties and made public in the one way or another. 4 Legal Profession and the Advocates Act, 1961 After they are published, these opinions of â€Å"cases† are customarily referred to or â€Å"cited† by giving the name of the case, the volume number, name and page of the state report in which it is published if it was decided by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page o f any other selected case series in which it may have been published and the date it was decided.The â€Å"Case books† which you use in school are made up principally of selected cases taken from these reports (or from English or British Empire reports) and arranged or grouped according to the type of controversy involved in the case, sometimes the author of the case book reproduces the whole opinion verbatim as originally published, sometimes he omits parts of it not regarded as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is always indicated.Therefore a case you read in your case book is normally, an exact copy of what some judge has written in explanation of his court's decision in a particular law suit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to find in a case and what the judge normally puts or tries to put in his opinion. 1.The first thing you will usually find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an action of tort for damages, an action for breach of contract, or to recover land, etc. This is usually accompanied by an explanation of how the case got to this particular court; whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or defendant appealed, and to just what action of the lower court the appealing party is objecting. . The next thing you will usually find is a statement of the facts of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the fa cts, but judges are not always careful to do this and you will frequently find the facts, strewn throughout the opinion. Thus you can never be sure you know all about the controversy until you have read the whole opinion.Sometimes the statement of facts is made categorically on the basis of the court's or jury's findings of fact; sometimes it is made by stating what the plaintiff and defendant alleged in their pleadings; and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in whatever form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the question or questions the court is called upon to decide the various â€Å"issues† (either of law or fact) which must be settled before a decision on the controversy can be reached.Any of you who have done any debating, understand â€Å"issues†, the breaking up of Introduction To The Legal Process 5 a general proble m into specific sub-problems. Some judges are very careful to state the issues clearly; others will leave them to inference from the discussion, or else wander around from one thing to another and leave the precise questions they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and cons. This is where logic comes into play. You will recall that there are two main types of logical reasoning inductive and deductive.Inductive reasoning involves the formulation of general propositions from a consideration of specific problems or observations; deductive reasoning involves the application of a general proposition already formulated to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducti ng the decision on the issue from the general rule.If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its scope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues similar to those in the present case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the Court's decision. For example: â€Å"Judgement affirmed†, â€Å"Judgement reversed†, â€Å" Case remanded†, â€Å"New trial ordered†, etc. It is to be remembered, of course, that legal opinions do not all follow the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular method of resenting a legal argument. Some opinions are not as easy to understand as others and it would be erroneous to assume in reading them that they are all perfect. Courts frequently disagree as to the principles that ought to be applied in certain types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not trying to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most likely to be applied by them in future cases of that type.Now, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. It's not a bad idea, however, to adopt a systematic method of reading them: The following has proved effective, and you might try it as a starter. First get a clear picture of the controversy involved. Get all the facts and issues straight. Consider the following: 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is,Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if it's a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiff's point of view, then from the defendant’s. Ask yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What result do they indicate ought to be reached here.By doing this you put yourself in a better position to read the court's argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the court's argument is a rather effective means of keeping a critical attitude. Now read the argument and the court’s conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules.Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case lines up with other similar cases you have studied. In thus analyzing the court's argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by th e court in deciding the issues involved in the case (these are called â€Å"holdings†) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called â€Å"dicta†).When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and â€Å"hold† with that view. Dicta, however, not being relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it casually without considering all aspects of the problem.Courts in each jurisdiction regard their own prior â€Å"holdingsâ₠¬  as creating binding precedents which they feel obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and predictability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus the former case containing the dictum is not a controlling â€Å"authority† on the question although it may be followed in later decisions. Introduction To The Legal Process 7THE CASE METHOD FROM THE STUDENTS’ POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the â€Å"case method† of teaching in several Indian Law Faculties. The â€Å"case method† sometimes called the â€Å"discussion method† is a term that has been used to describe a wide variety of teaching methods, but the one common element of thes e methods usually is the use of actual court opinions as the basis of analysis and discussion in the law classes. The advantages of the â€Å"case method† do not have to be repeated at length here. Eminent Indian scholars have already commented on those advantages.Suffice it to say that one basic purpose of the method is to engage the student himself in the process of thinking through the meaning and implication of legal principles as set down in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the basis of legal rules and the teacher assumes more the role of protagonist and discussion leader, asking question to students, debating points with them, sometimes playing the devil's advocate to force students to think for themselves.The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, a nd who have and analysed those cases. Further more, the student's activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is used, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is used as a teaching technique, examinations usually take the form of hypothetical fact situations, i. e. hypothetical case, calling upon the student to decide the case and give his reasons, or calling upon the student to play the advocate's role and write the best possible arguments for one side or another of the case. Each student has his own unique way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it might be useful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his needs.These study methods can be divided into five parts: 1) study before class; 2) the classroom discussion; 3) study or review study after class; 4) preparing for the examination; 5) writing the examination 1. Study before class: Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understand that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases.If the student approaches his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students’ practice in the case method is often to use a key or guide for analysing law cases. The key or guide has four parts: the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a â€Å"case brief†. Let me be more specific.The case brief (which many law teachers require students to prepare on paper in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentioned above, as follows: F: (Facts: a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q: (Question: a one line question formed to pose the major issue in the case). D: (Decision: The court’s holding: Something this can be â€Å"Yes† or â€Å"no† in answer to the question. The court's order can then be stated, e. g. â€Å"affirmed†, â€Å"appeal dismissed†, etc. R: (Reasons: Here the reasons can be listed in number outline form). The whole case brief should be indee d â€Å"brief†, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he won’t feel it is necessary merely to copy out, word by word, any portion of the case.The emphasis in all such preparation should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one student's case brief of this case. You will note that abbreviations are used whenever possible. (df = defend ant; pl = plaintiff: lc = lower court; tc = trial court; ap = appeal, etc. ) F: Subscription for mosque f MAK was treasurer He pledged Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAK's heirs both for MAK's pledge and for JM’s cheque amount. Later MJK died. Introduction To The Legal Process 9 P: facts: (procedure facts): tc for pl on MAK pledge, for df on JM's cheque question App. Ct for pl on both. : Q: Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D: No to both (Dismiss both causes)R: Ist Cause of Action, the pledge: â€Å"mere gratuitous promise†, no consideration. MAK as Treasurer? but he did not â€Å"set aside† funds. 2nd Cause of Action cheque mishandling: No duty to handle correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian Contract Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case.He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process. This is the first step of effectively learning through the case method. 2. The Classroom Discussion: In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief.Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or â€Å"precedent† value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper.If the brief takes about one-half page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy reference at a later stage. 3. Study or Review after Class: It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to one’s notes, a nd to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of â€Å"outlining† the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this â€Å"raw material† into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method.Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to hi m for memorization. It is the process of doing this for himself that brings insight and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before turning to someone else's work.If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Examination: At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as needed to refresh his recollection.One effective technique of studying at this stage, which many students use, is a smal l discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination: Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer.Be ruthless about stopping at the end of a half hour on a question, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysin g and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write.Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the â€Å"case method†. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additional points that may be useful in studying under the case method.It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain â€Å"what is the law†, in some general abstract sense. There are other relevant questions which can be posed also, such as à ¢â‚¬Å"What should Introduction To The Legal Process 11 be the law†. For example, consider the following four approaches to a particular case or fact situation, taken partly from the actual work of a practicing lawyer. First might be called the â€Å"planning transacting† approach.In a given situation, a lawyer may be called upon to advise a client about the best way to go about some business or personal activity. At this stage the prime consideration is getting the objectives accomplished with the least risk of something going wrong. If the problem is drafting a contract, or preparing a will then the lawyer will need to know what the problems and pitfalls are so that he can word the language of the instrument in such a manner as to avoid future controversy or litigation.He may not, at this stage, need to know precisely what the law is regarding each of his problems (the law may, indeed, be unsettled on those points), but he must be able to spot the problem so that he ca n avoid it. Second might be called the â€Å"predicting† approach. In some circumstances the lawyer is called upon to perform a task which basically is to predict how a court might rule on a question. Justice Holmes, in the U. S. is quoted as saying that law is nothing more nor less than a prediction of what the courts will do in a particular circumstance.The situation like this arises when a client comes to a lawyer with a dispute which has already arisen, and asks the lawyer whether he should sue in court. The lawyer may advise the client partly on the basis of his prediction whether the client will win. To a certain degree this is stating to the client what the law â€Å"is†, since the lawyer knows that the court's decision will be based on that law. Third might be called the â€Å"advocacy† approach. For instance a client has decided to bring a law suit (either with or against his lawyer’s advice).Now it is the lawyer's task to do the best job of advo cacy which he can do for his client. Under the adversary system of courts which we have, this is a very important function, because the philosophy is that if each side presents their best possible arguments, the courts will be able to rule more justly on the issue. But here the lawyer's function is different from that of the two previous approaches. In this approach it is his task to marshal the strongest arguments, not to predict, nor to â€Å"avoid† problem issues. Fourth, and finally, comes the â€Å"judicial† or â€Å"legislative† approach.In this instance the lawyer (as a judge, legislator, member of a commission or committee, etc. ) is called upon to give his view as to what the law should be. Once again, this approach differs from the previous ones described. Each of those tasks or approaches requires skills a bit different from the other. It is important for the law student to develop his talents in each of these directions. One way of doing this is to o ccasionally analyse a case, either in his private studies or in classroom discussion, according to each of these four approaches.As your self, in connection with a particular case on contracts or wills, how could I prepare a similar will or contract, which would have avoided the litigation described in this court opinion? Ask yourself if presented with this case today, or a similar case, how would I predict the courts would decide? Ask yourself, if given the task to argue for the plaintiff which arguments would I use? (Then ask the same question for arguments for the defendant). Finally, ask yourself, what should be the rule of law in that situation? The same analysis can be used in almost any law subject. THE INDIAN LEGAL SYSTEMJoseph Minattur INTRODUCTION To delve among the laws of India is like bathing in the holy waters of Triveni. It leaves one refreshed and delighted; refreshed from the pleasant contact with almost all the legal systems of the contemporary world, and delighted at the hopeful realisation that here in the Indian legal system lie the seeds of a unified, eclectic legal order which may soon grow into maturity and spread its branches, like a banyan tree, all over south and southeast Asia. Three main streams join together to form the Indian legal system. That of the common law is perhaps the most dominant among them.Then there is the stream of laws springing from religion. The third is that of the civil (‘romanist') law which energizes the system with unruffled ethical verve and accords comeliness to its contours. Trickles of customary laws cherished by tribal societies and other ethnic communities also flow into the main stream. Like the Sarasvati near Prayag, the element of the civil law is not easily perceptible, though it permeates the entire structure. So a word of explanation is perhaps warranted. The very idea to a code appears to have been derived from the codes of continental Europe.When in 1788 a codification of Hindu law on con tracts and succession was proposed by Sir William Jones to Lord Cornwallis, it was conceived to be on the model of the â€Å"inestimable Pandects of Justinian†. On 18 May 1783 â€Å"A Regulation for forming into a Regular Code, all Regulations that may be enacted for the Internal Government of the British territories in Bengal† was passed by the Governor-General and Council, some eight years earlier, in 1775 Warren Hastings had A Code of Gentoo Laws or Ordinations of the pundits prepared and translated by Halhed a Judge of the Supreme Court at Calcutta.The same year Bentham offered to act â€Å"as a sort of Indian Solon† and thought of â€Å"constructing an Indian Constitutional code†. James Mill, one of his disciples at India House thought that his Draught of a New Plan for the France was applicable to India. Speaking on the Charter Bill of 1833 Macaulay said: I believe that no country ever stood so much in need of a code of laws as India, and I believe also that never was a country in which the want might so easily be supplied. Section 53 of the Charter Act, 1853 declared that it was expedient: that such laws as may be applicable in common to all classes of the inhabitants†¦ ue regard being had to the rights, feelings and peculiar usages of the people, should be enacted: and that all laws and customs having the force of law should be ascertained and consolidated and, as occasion may require, amended. The first Law Commission immediately after its appointment in 1833 with Macaulay as its President took up the task of codification. Under Macaulay’s personal direction it prepared its first draft of the Indian Penal Code and submitted it to the Governor-General in Council on 14 Legal Profession and the Advocates Act, 1961 3 October 1837. When there were complaints that the progress of the Commission's work was unsatisfactory, Macaulay compared its progress with that of the authors of the French codes. He pointed out that t hough the French Criminal Code was begun in March 1801, the Code of Criminal Procedure was not completed till 1810. It is also interesting to find half of the last century were on the same branches of law as were the French codes enacted earlier. Neither in India nor in France was enacted a code on the law of civil wrongs.It is true that there was no comprehensive enactment on torts in England, but then there were no comprehensive enactments in England on any of the subjects covered by the Indian codes. It is not only in cherishing the idea of codification that the British Indian authoritiesexecutive as well as legislative bodies-appear to have been indebted to continental codes. As early as 1686 in a letter sent to Bombay the directors of the East India Company had expressed the view that: you are to govern our people there, being subject to us under His Majesty by the law martial and the civil law, which is only proper to India.The first Law Commission which drafted the Indian pen al Code acknowledged its indebtedness to the French Penal code. In a letter of 2 May 1837 addressed to the GovernorGeneral the Commission stated that it derived much valuable assistance from the French code and from the decisions of the French courts of justice on questions touching the construction of that Code. It â€Å"derived assistance still more valuable from the code of Louisiana prepared by the late Mr. Livingston†. The second Law Commission which sat in London from 1853 to 1856 expressed its view that: hat India wants is a body of substantive civil law, in preparing which the law of England should be used as a basis. It, however, emphasised that such a body of law ought to be prepared with a constant regard to the conditions and institutions of India, and the character, religious and usages of the population. It also stated that in the social condition existing in India it was necessary to allow certain general classes of persons to have special laws, recognised and enforced by our courts of justice, with respect to certain kinds of transaction among themselves.The Commission gave final shape to Macaulay's Penal Code; it also prepared drafts of the Code of Civil Procedure and the Code of Criminal Procedure incorporating into them materials left by the first Law Commission. The Legislative Council adopted the Code of Civil Procedure in 1859, the Penal Code in 1860 and the Code of Criminal Procedure in 1861. The third law Commission, appointed in 1861, was enjoined to prepare for India a body of substantive law, in preparing which the law of England should be used as a basis. The fourth law Commission expressed a similar view when it recommended in 1879 that English law should be 4 Legal Profession and the Advocates Act, 1961 made the basis in a great measure of our future Codes, but its materials should be recast rather than adopted without modification. It, however, added that in recasting those materials due regard should be had to Native habi ts and modes of thought. The influence of Scots and their law on the framing and adoption of the early British India codes and other enactments deserves to be mentioned. For a number of Scots in the 19th century their prospects were not only along the highway to London, but from there across the high seas to Indian ports.Macaulay himself was of Scottish descent. Even when Scots were members of the English Bar, they were imbued with concepts derived from the civil law system. In the same way a they would prefer to preserve Scots law unsullied by English notions of Legal rule, they were inclined to keep Indian law unsullied by intrusions and erosions to English rules of law and tended to give due regard to native habits and modes of thought. We shall refer to few instances where the influence of the civil law is clearly discernible.Section 11 of the Indian Evidence Act adopted in 1872 could not have been enacted in a fit of absent-mindedness. The section which lays down guidelines to determine relevance in the admissibility of evidence is a clear, and presumably a deliberate, departure from the English rule and brings the Indian law in this respect very relevant and fair. Another provision which is of interest in this regard is section 165 of the Act. Commenting on it, Stephen has said: Section 165 is intended to arm the judge with the most extensive power possible for the purpose of getting at the truth.The effect of this section is that in order to get to the bottom of the matter before it the court will be able to look at and enquire into every fact whatever. The Indian judge appears to be invested with ample powers under the Act to get at the truth and form his own conviction at time. It is not unfamiliar learning that the framers of the Indian Contract Act adopted several provisions of the Draft New York Civil Code. The Contract Act which does not purport to be a complete code only defines and amends certain parts of the law of contract, so that a rule of t he Hindu law of contract like Damdupat is not abrogated.The rule stipulates that interest exceeding the amount of principal cannot be recovered at any time. It is still in force in some parts of India. The reason for not interfering with a rule like this must have been the sense of fairness cherished by the framers of the Act, though no such rule existed in English law. In the law of contract, consideration plays a significant role in India as in England. But the words of section 25 of the Indian Contract Act which accords validity to a registered agreement, even though without consideration, appear to reflect the concept of cause in French law.In this brief introduction it is not intended to indicate all departures from English law in the Indian statutes. It may, however, be emphasised that when such departures were made, the legislators were generally induced to do so on consideration of what they thought suited Indian conditions or on considerations of equity. Legal Profession an d the Advocates Act, 1961 15 It is generally assumed that India is a common law country. This assumption may have been justified to a certain extent if applied to British India. It is true that many of the concepts and most of the judicial techniques are of common law origin.But there is more than a sprinkling of other concepts and techniques, which cannot be overlooked. Indian codes or judicial procedure owe a great deal to procedure in England. But with the introduction of nyaya panchayats (village tribunals) which are indigenous in origin the English procedure has been virtually replaced at the grass root level. The functioning of nyaya panchyats may not be as widespread as is desired: the fact however remains that at present there is a less formal procedure than the one followed until recent years.There is also general dissatisfaction, if not hostility to the complex, protracted procedure derived from the common law system. With the reign of dharma which may be equated with equi ty while it comprises the concept of law unopposed to justice, there was no need in India to think of a separate branch of law known as equity detached from common law. We have already adverted to certain departures from English law even when rules of English law were believed to have been codified for the benefit of the Indian people.Neither the expression ‘justice and right’ in the Charter of 1726 nor the phrase ‘equity and good conscience’ or ‘justice, equity and good conscience’ in several regulations and Acts could have meant principles of English law. The Judicial Committee of the Privy Council was careful in its use of words when it pointed out that equity and good conscience had been â€Å"generally interpreted to mean rules of English law if found applicable to Indian society and circumstances†. It has been observed that from 1880 or there about to the present day â€Å"the formula has meant consultation of various systems of l aw according to the context†.At present the Supreme Court of India is inclined to think that the phrase has given a connotation consonant with Indian conditions. In the early nineteen sixties a number of territories where the civil law prevailed became parts of the Indian Union. In the Union territory of Goa, Daman and Diu, Portuguese civil law was in force, even after the extension of several Indian enactments to the territory, it is generally the provisions of the Portuguese Civil Code which apply to the people of this territory in matters of personal law.In the former French settlements of Pondicherry. Karaikal, Mahe and Yanam which, when ceded, were formed into the Union territory now known as Pondichery, there are Indian citizens who are governed in matters of personal law by the provisions of the French civil code as they existed at the time of the cession. There are also other renoncants who are French citizens living in Pondicherry to whom provisions of the French Civi l Code relative to personal law will apply with all subsequent amendments.In these circumstances, the element of the civil law in the fabric of Indian law cannot be brushed aside as negligible. And this element affects domestic relations which are on negligible part of a citizen's life. The customary laws of various tribal communities and other ethnic groups also form part of the law administered in India. To cite one instance: matriliny among the Mappila Muslims of Kerala, though not favoured by the tenets of Islam, is permitted to play a decisive role in the rules of succession applicable to them.In the light of the presence and prevalence of French and Portuguese laws, customary law of various ethnic groups and laws based on religion of the several communities, the introduction 16 Legal Profession and the Advocates Act, 1961 of indigenous judicial procedures in village tribunals and several other factors, one cannot possibly close one's eyes and regard the Indian legal system as belonging to the common law family. It would be more justified to regard it as a mixed system.If Indonesian law with its admixture of customary laws based on religion could be regarded as a mixed system there is no reason why Indian law should not be so regarded. Though the provisions of the French and the Portuguese civil codes relative to domestic relations are in operation in certain regions only, laws grounded in religion or custom are followed all over the country. The mosaic of Indian law may have a large number of common law pieces; but marble quarried from France and Portugal, gold leaves brought from Arabia and clusters of Precious stones gleaned form Indian fields do deserve to be discarded.When India adopts a civil code, under the directive in the Constitution it is likely to be eclectic in character, it may have in it a harmonious admixture of various laws based on religion and customary laws, as well as provisions derived from western codes and the English common law. O wing to its eclectic character and especially because it would attempt to harmonise provisions of personal laws derived from religion prevalent in the region, the civil code may be found worthy of emulation in south and southeast Asia.It may thus pave the way for unification of laws, though perhaps limited geographically in extent. If in ancient days, Indian culture was permitted, without any hitch or demur, to permeate social and political institutions and life in general in this region, there is no reason why Indian legal culture cannot play a similar role in the near future as well. The Indian Prime Minister recently expressed his hope that during the next nine years, India would achieve significant progress in every field and would provide guidance and inspiration to other countries.He also stressed that India's influence had been increasing in Southeast Asia and West Asia. Even when one is not sure whether the mention of nine years has any special significance, one can hopefull y assume that if an Indian civil code is adopted soon, it may tend to guide and inspire legislators in the neighbouring states. What the Napoleonic code has done for continental Europe, the Americas, and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and Southeast Asia. ***** Legal Profession and the Advocates Act, 1961 17 OUR LEGAL SYSTEM N. R. Madhava MenonThe legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of that society. It is, therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. It is true in the case of India also even though the legal system we now have is largely the gift of the British rulers. There is a view that the system is still alien to the majority of Indians whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal if not altoget her non-existent.The language, technicality and procedure of the inherited legal system are indeed factors which limit access to justice for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and the Constitution offer the opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given unto themselves on the 26th January 1950. It is in this context familiarity with law and its processes becomes essential to every Indian, rich or poor, man or woman, young or old. Components of a Legal SystemA legal system consists of certain basic principles and values (largely outlined by the Constitution), a set of operational norms including rights and duties of citizens spelt out in the laws -Central, State and local, institutional structures for enforcement of the laws and a cadre of legal personnel endowed with the responsibility of administering the system. The Constitution: The Funda mental Law of the Land The Constitution of a country is variously described depending upon the nature of the policy and the aspirations of the people in a given society.It is generally a written document and assumes the character of a federal (several independent units joined together) or unitary form of government. India is declared to be a Socialist, Secular, Democratic Republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of 700 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people.In other words, it is a political document which distributes State power amongst different organs (Central and State Governments, Legislative, Executive and Judicial wings of each Government) and regulates its exercise in its incidence on the people. The form of government is democratic and republican and the method is p arliamentary through adult franchise. The goals are spelt out in Preamble itself which seeks to secure to all citizens: â€Å"Justice, social, economic and political; Liberty of thought, expression, faith and worship; Equality of status and of opportunity, and to promote among them all. Fraternity assuring dignity of the individual and the â€Å"unity and integrity of Nation†. 18 Legal Profession and the Advocates Act, 1961 To achieve this goal of dignity of the individual with justice, liberty and equality the Constitution guarantees certain Fundamental Rights and provides for its enforcement through the High Courts and the Supreme Court. These basic Human Rights include: (a) Equality before law, (b) Equality of opportunity in matters of public employment. (c) Prohibition of discrimination on grounds of religion, sex etc. (d) Protection of life and personal liberty. e) Protection of right to freedom of speech, of assembly, of association, of movement and of profession or oc cupation. (f) Prohibition of forced labour, (g) Right to freedom of religion, (h) Protection of interest of minorities, and (i) Right to constitutional remedies for enforcement of the above rights Further, towards achieving the goals set out in the Preamble, the Constitution gives certain Directives to State to follow in its policies and programmes. Principles of State Policy have been recognized to be as sacrosanct as Fundamental Rights.In other words, they together constitute a reference for State action in every sphere. The Constitution envisages a unique place for the judiciary. Apart from overseeing the exercise of State power by the Executive and the Legislatures of the State and the Central Governments, the Supreme Court, and the High Courts are charged with the responsibility of effectively protecting citizens' rights through its writ jurisdiction. This offers a cheap and expeditious remedy to the citizen to enforce the guaranteed rights.The Supreme Court liberalized the rul es so as to enable poor and illiterate citizens to have easy access to courts for enforcing their basic rights. The Rule of Law is supreme and the independence of judiciary is reality in our country. This forms the bulwork of democracy and compels every one to abide by the law in his own interest. Constitutional government principles involved in it ought to be understood and subscribed to by every Indian if we are to succeed in our declared goals. Laws, Civil and CriminalThe laws of the country are too numerous, varied and complex; they are bound to be so because law is as large as life itself which is increasingly becoming complex in, every sphere. In a Welfare State like ours, laws are at the more so because they are expected to regulate a variety of social and economic activities so as to subserve the common good. Inspired by the Constitution, Parliament, State legislatures and local councils make and unmake the laws day in and day out as the occasion demands. Courts interpret th em in specific fact situations and, in the Legal Profession and the Advocates Act, 1961 19 rocess, extend the scope and application of the laws. The common man may get lost in the maze of legislations coming from all sides and contribute to its complexity by creating his own laws through contracts and agreements with others he has to deal with. On the basis of the remedies sought and the procedure followed, all laws can be grouped into two categories, namely, Civil Laws and Criminal Laws. Broadly speaking, criminal law is concerned with wrongs against the community as a whole, while civil law is related to the rights duties and obligations of individual members of the community between themselves.Civil Law includes a number of aspects which may be grouped under six or seven major headings such as family law, the law of property, the law of tort, the law of contract, the law relating to commerce and business, labour law, law of taxation etc. Family law, which in India has its source both on statute and religion, comprises of the laws governing marriage, divorce, maintenance, custody of children, adoption inheritance and succession. Though the Constitution envisages a Uniform Civil Code, each religious group at present follows largely its own norms in matrimonial and family relations.The law of property includes rights of ownership, transfer, mortgages, trusts, intestacy and similar matters. The law of contracts, is concerned with the enforcement of obligations arising from agreements and promises. This includes transactions such as sale of goods, loans of money, partnerships, insurance, guarantees, negotiable instruments, agency and the like. The law of torts deals with propriety of actions and infraction of duties. Injuries to person or property caused by failure to take reasonable care and caution leads to actionable wrongs under tort, which usually compensates the victim of such injuries.Laws of commerce and business, which includes contract law, relate to e conomic operations of individuals, partnerships and companies and governmental regulation of them. Even law of taxation forms part of commercial laws. Labour law deals with the relationship between employer and employees in the production and distribution of wealth. Criminal law is concerned with public wrongs or wrongs against the order and well being of the society in general. The persons guilty of such wrongs are prosecuted and punished by the State.These wrongs are specific and are defined in the Penal Code and a few other special and local laws. One important aspect in this regard is that criminal laws insist (apart from a few exceptional offences) on a particular intent or state of mind as a necessary ingredient of a criminal offence. It also recognizes degrees of criminality and gradations of crime. Ignorance of law is never taken as an excuse. Certain situations where guilty intention could not have been entertained such as infancy, insanity mistake of fact etc. they are rec ognized as defences to criminal responsibility. Offences are classified on the basis of the objective or otherwise. Thus there are crimes against the human body, property, reputation of the individual, against the State or against public rights. On a procedural basis they are classified as cognizable and non-cognizable (cognizable are those in which the police can investigate or arrest persons without judicial warrant), bailable and non-bailable, compoundable or otherwise. 20 Legal Profession and the Advocates Act, 1961Procedural Laws, Civil and Criminal Most proceedings in the Supreme Court and the High Courts are governed by Rules of Procedure made by the Courts themselves under powers given by statute. The Civil and Criminal Procedure Codes and the Evidence Act do apply to judicial proceedings in these courts as well. The writ procedure under Articles 32 and 226 is unique to these courts and is intended for the quick enforcement of Fundamental Rights whenever they are threatened by the State or its agencies.In such situations citizens can approach these courts even through a letter sent by post as the Supreme Court has declared that procedure should not be allowed to come in the way of dispensation of justice. For the enforcement of civil rights and obligations a suit before a civil court is usually instituted. The procedures for trial and appeals including execution of decrees and orders are laid down in the Code of Civil Procedure. Valuation of suits for purposes of jurisdiction is made according to the Suits Valuation Act.The amount of court fees to be paid on plaints and appeals is determined by the Court Fees Act. The Limitation Act prescribes the periods of limitation with in which suits can be filed. The Evidence Act regulates the relevancy, admissibility and probative value of evidence led in courts, civil and criminal. The trial is in the nature of adversary proceedings where two parties oppose each other in a suit or action between parties. The pr ocedure commences with ‘pleadings’, which set out the precise question in dispute or the cause of action.The opposite party (the defendant) may file a written statement to admit or deny the allegations in the plaint. The pleadings may be supplemented by the parties by making admissions of fact, answers and interrogatories, oral statements before the court and by admissions and denials of documents filed by them. The hearing of a suit commences with the serving of a copy of the plaint to the defendant. A party can appear himself in court for the hearing or make appearance through an agent or a pleader. According to the Advocates Act right to practise law before courts is given to Advocates only.In the proceedings, parties have to summon their witnesses for deposing in court. The trial involves recording of evidence of witnesses on a day-to-day basis at the conclusion of which judgment is to be pronounced in open court. Because civil proceedings are private matters, they can