Wednesday, November 27, 2019
Sociology and Values Escape Barriers free essay sample
Simmel argues that the tumult of the metropolis (cited in Frisby 1989, p. 80) creates inner barriers between people and that sociability (Giulianotti 2007, p. 295) can transcend this problem. Discuss The social interaction between people is mainly determined on the people that we want to know and wan to interact with. This can come down to the same interests of that person in which they are attracted to such as location of where they live, hobbies, the types of clothes they wear, the music that they like listening to. These interests can create barriers to those who are different where individuals become less social to the people around them and only focus on the things that they want to focus on. Frisby (1989) argues this point through the findings of Simmel but it is only through the reading of Giulianotti (2005) that the sociability of the ââ¬Å"tartan armyâ⬠can break down interests from everyday life to form one group that removes all barriers for that particular event. We will write a custom essay sample on Sociology and Values Escape Barriers or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Sociability can be defined as the social interaction between people, where the playful interaction through conversation creates a connection. Barriers which are formed that prevent sociability from occurring are largely determined by the consumerism of the particular individual and the certain status in which they want to obtain. The lack of sociability is being derived by major businsess and corporations as they target individuals who want a style that will make them the most popular in society. However, other individuals have chosen not to follow this as What is sociability Social interactions between people Form without contents Sociability- the pure form of what is considered to be society and which satisfies us Playful interaction Conversation What is its relevance Overstimulation of the senses Overstimulation through consumerism of producers and services Materialistic values Escape barriers How dos the tartan army reflect sociability No hierarchy-equal- dress code No violence- friendly banter- drinks Cant talk abou jobs/money only football
Sunday, November 24, 2019
A Quiz About Semicolons in Run-In Lists
A Quiz About Semicolons in Run-In Lists A Quiz About Semicolons in Run-In Lists A Quiz About Semicolons in Run-In Lists By Mark Nichol Replacing a semicolon functioning as a weak period (one separating two independent clauses that are so closely related that dividing them into distinct sentences weakens their impact) with a comma is a grammatically indefensible error known as a comma splice. But various strategies for replacing a semicolon deployed as a strong comma (one separating items in a run-in list that are themselves lists) with actual commas are valid and sometimes itââ¬â¢s necessary to correct improper use of semicolons. Devise a solution for supplanting semicolons in the following sentences with commas, and compare your revisions to mine: 1. ââ¬Å"Issues include workplace environments; hiring, training, and promotion practices; and management styles.â⬠1. The order of the items in this run-in list can be altered so that the complex item (a list element that is itself a list) trails the others; the structure of the final phrase in the following revision clearly identifies it as a single item parallel in structure to the first two without semicolons as signal markers between the three larger elements: ââ¬Å"Issues include workplace environments, management styles, and hiring, training, and promotion practices.â⬠(However, avoid this solution if list items deliberately organized chronologically or by some other scheme of logic would be put into disarray by the revision.) 2. ââ¬Å"Issues include workplace environments; management styles; hiring, training, and promotion practices; and outsourcing and the use of part-time and contingent workers.â⬠This extended version of the previous example is easily modified as well, without altering the syntax of the revision shown above. Represent the simple first and second list items and the complex third item as a list, as in the example above, and insert the conjunctive phrase ââ¬Å"as well asâ⬠before the next two items: ââ¬Å"Issues include workplace environments, management styles, and hiring, training, and promotion practices, as well as outsourcing and the use of part-time and contingent workers. 3. ââ¬Å"There can also be organ deformities, including heart defects; heart murmurs; genital malformations; and kidney and urinary defects.â⬠If it werenââ¬â¢t for the subordinate clause ââ¬Å"including heart defects,â⬠no semicolon would be necessary in this sentence. So, to avoid retaining the mostly excessive semicolons, find another way to include the additional information outside of a traditional in-line list. Retain the phrase as a parenthesized phrase, but, as in the previous example, employ ââ¬Å"as well asâ⬠and separate the remaining list elements with commas: ââ¬Å"There can also be organ deformities (including heart defects), as well as heart murmurs, genital malformations, and kidney and urinary defects.â⬠4. ââ¬Å"Damage can be minimized by shielding the testes, ovaries, and/or uterus; surgically moving ovaries out of the irradiation field; or altering the treatment schedule.â⬠The presence of a verb at the head of each list item sufficiently distinguishes the items, so semicolons are unnecessary: ââ¬Å"Damage can be minimized by shielding the testes, ovaries, and/or uterus, surgically moving ovaries out of the irradiation field, or altering the treatment schedule.â⬠If the items in a semicolon-laden run-in list share a verb, try assigning a distinct verb to each item so that you can replace the semicolons with commas. 5. ââ¬Å"The plant sucks in 785 million gallons of water a day; coal-fires it to temperatures up to 1,000 degrees Fahrenheit to turn it into highly pressurized steam; then pipes the steam into a giant turbine that spin magnets inside wire coils to produce power.â⬠Semicolons are employed to distinguish list items that are complex, as defined above, not those that are wordy. Despite the length of the three items in this sentenceââ¬â¢s list, semicolons are excessive; separate the items with commas: ââ¬Å"The plant sucks in 785 million gallons of water a day, coal-fires it to temperatures up to 1,000 degrees Fahrenheit to turn it into highly pressurized steam, and then pipes the steam into a giant turbine that spin magnets inside wire coils to produce power.â⬠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 Grammar category, check our popular posts, or choose a related post below:When to Capitalize Animal and Plant NamesDeck the HallsMankind vs. Humankind
Thursday, November 21, 2019
HOW TOURISM CAN LEAD TO MIGRATION Essay Example | Topics and Well Written Essays - 5000 words
HOW TOURISM CAN LEAD TO MIGRATION - Essay Example These recent changes in the earlier mentioned aspects are influencing people to travel. It will also help to examine the positive and negative factors playing in the socio-economical environment front of the city due to the issue of migrant workers. The main goal of the study is to find answers for the research questions. It will be achieved mainly by interviewing participants of two different locations London and Poland to learn new theories and ideas about this issue. In addition, researches should be conducted in near future about the global, local and regional policy making including the issues like society expectations, migration issues, rules and regulations as well as locals attitudes toward worldwide travellers. This will certainly help in better understanding of the subject how tourism influences travellers to become a migrant. CONTENTS PAGE 1.Ã Ã Ã Ã Ã Introduction..................................................................................................p.4 2.Ã Ã Ã Ã Ã Methodology.................................................................................................p.6 3.Ã Ã Ã Ã Ã Literature Review 3.1Ã Ã Ã Ã Ã Tourism................................................................................................p.9 3.2Ã Ã Ã Ã Ã Tourism and Migration.......................................................................p.10 3.3Ã Ã Ã Ã Ã Migration.............................................................................................p.11 4.Ã Ã Ã Ã Ã Results and Analysis 4.1Ã Ã Ã Ã Ã Migration and European Union...........................................................p.12 4.2Ã Ã Ã Ã Ã Poland and London case......................................................................p.14 4.3Ã Ã Ã Ã Ã Labour work.........................................................................................p.17 5.Ã Ã Ã Ã Ã Discussions an d Conclusions.......................................................................p.19 6.Ã Ã Ã Ã Ã References ...................................................................................................p.22 7.Ã Ã Ã Ã Ã Appendices...................................................................................................p.25 INTRODUCTION The world today has become smaller considering the huge improvement in transport that it has witnessed in last 100 years. Travelling from one part to another is less time consuming and less hectic. Again in last two or three decades globalization has spread through the world and that has followed a path of liberalization that has relaxed the boundaries between the countries. This particular phenomenon has fuelled both tourism and migration (here migration stands for immigration). Before moving into further details a brief definition and discussion on both these phenomenon might be felt necessary. As illustrated in literature Tourism, is a form of travelling for recreational, business or relaxation purpose (Chuck, 1997). Considering the phenomenal growth in tourists all over the world it is now considered as a very important social and economic incidence with significant impact
Wednesday, November 20, 2019
Food Safety Management Essay Example | Topics and Well Written Essays - 2500 words
Food Safety Management - Essay Example Botulism intoxication can result in death, which most often is caused by respiratory failure. The latent period is typically 12-36 hours but can range from 6 hours to 10 days. Stringent hygienic procedures while cooking and canning are recommended for keeping the disease at bay. In this case of food-borne botulism was termed as a clinically compatible illness in a village resident after laboratory confirmation of botulism or a history of eating the same food as previous botulism cases. It was found that 14 persons in the village had eaten fermented beaver tail and paw on January 17. Almost 20 hours after consuming these items, three of the 14 people developed symptoms suggestive of botulism, including dry mouth, blurry vision, and general weakness. Two patients developed respiratory failure and required intubations and mechanical ventilation. Two patients recovered without any further complication. The third one required tracheotomy tube placement and mechanical ventilation for one month. This patient had also been hospitalized with botulism in 1997. Of the other 11 infected persons, four reported minor symptoms compatible with botulism, including dry mouth and nausea, and were admitted to a hospital for overnight observation. One of them was hospitalized for 10 days with persistent ileus. The remaining seven were kept under observation for 48 hours. The clinical specimens from the 14 infected persons were tested... Six hours after the onset of symptoms, the three patients were administered with A/B and E botulism antitoxin. Two patients recovered without any further complication. The third one required tracheotomy tube placement and mechanical ventilation for one month. This patient had also been hospitalized with botulism in 1997. Of the other 11 infected persons, four reported minor symptoms compatible with botulism, including dry mouth and nausea, and were admitted to a hospital for overnight observation. One of them was hospitalized for 10 days with persistent ileus. The remaining seven were kept under observation for 48 hours. The clinical specimens from the 14 infected persons were tested for botulinum toxin at CDC. Type E toxin was detected in serum specimens from two of the ICU patients and in stool from the third. Despite minor symptoms, the other 11 persons had no toxin found in specimens and were not considered laboratory-confirmed cases. The same toxin was also found in the three beaver paws tested from the implicated meal. Beaver is hunted in southwest Alaska, and certain parts are often fermented and are eaten later. In this outbreak, the tail and paws had been wrapped in a paper rice sack and had been stored for up to three months in a patient's house before consumption. Some of the beaver tail and paw had been added to the sack as recently as 1 week before it was eaten. The severity of the case was low. The number of people infected was less and proper treatment was immediately administered to them. Out of the the 14 infected persons only three had to be hospitalized, rest eleven were discharged after being kept under observation for 48 hours. There were no causalities in the outbreak and it was brought under control in
Sunday, November 17, 2019
The Bells by Allen Poe Essay Example | Topics and Well Written Essays - 750 words
The Bells by Allen Poe - Essay Example The clanging and clamor of the brazen bells showed how the tales of terror have engulfed the world (Poe 23). The groaning and moaning of the iron bells shows how the melancholy menace of the tone has given rise to the world of solemn. In all the stanzas in the poem, the auditory and visual imagery, as well as sound and musical devices, got well incorporated. In the first section, the silver bells get considered as happy bells. The bells give cheerful and vivid sound, and visualization of the night. The rhythm of the silver bells gives rhyming sound and feelings to the poem. This stanza ends with a calm note, which makes a person listen to the cheerful tinkling and jingling of the silver bells. The theme of happiness gets well elaborated in this stanza. Fun and excitement gets well distinction by the bells. The poem also tells us that happiness could not be made by the feelings of joy alone, but it must be combined with peace and harmony (Poe 14). The second section of the poem introd uces another bell, which goes by the name golden bell. The sound of the bells still gives a happy feeling, but without hype in it. Golden bells are usually gold in color, which symbolizes beauty, calmness, and harmony. Here, the symbol faithfulness and love gets well illustrated by the turtle dove. The bells give out harmonious and pleasant sound, which flow voluminously. The theme of happiness gets well recognition in this section as the stanza ends with a cheerful mood (Poe 20). In the third section, the poem takes a turn from cheerful mood to fearful mood. Here, the bells beg for mercy, but the fire gets crazy and out of control. Repetition gets widely used in this stanza. The raging fire symbolizes the scary, crazy, and dark side of life. The bells give out a loud, repeated noise and wild uproar full of terror (Poe 18). The theme of fear gets detailed in this section. The sound of bells brings out the feeling of fear and panic. In this section, the emotions of joy and terror get well intertwined. The nightmare of fear and insanity gets well elaborated in the theme. Iron bells get introduced in the fourth section. Iron is not the most precious metal when compared to brass, gold, and silver. Hence, it symbolizes the degrading curve of happiness. Here, the bells drain terror and fills the air with solemn thought using a single melody. The bells get personified by ringing sound out of their throats. The sound of bells makes everything seem lifeless, passionless and empty (Poe 15). Rolling sound of the bells on the human heart brings out a miserable and unpleasant picture. This section ends with a sad note. The theme of death gets well explained in this stanza. Death is the most vital theme in this poem as it ends in chaos and fears. Symbols got used in the entire poem. Each bell got made from different types of metals. The value of each bell got depreciated as well the mood of the poem changed from happy to sad. Silver is a shiny and precious metal, which gets associated with joyful mood. In the second section, golden bells got used. Gold gets associated with permanence, love and wealth. Hence, the golden bells symbolize happiness, calmness and harmony. The brazen bells created scary atmosphere in the third stanza of the poem. Brass is a tough, hard and less precious metal, when compared to both the silver and gold. Brazen bells symbolize noise, fear and danger. The night also had much influence in the shifts of the moods. The
Friday, November 15, 2019
A Report On Romeo Juliet English Language Essay
A Report On Romeo Juliet English Language Essay What methods does Shakespeare use to show the characters feelings and thoughts in Act 3, Scene 5 of Romeo and Juliet? Explain the scenes importance and consider how different audiences might respond. Shakespeare wrote the play, ââ¬ËRomeo Juliet more than 500 years ago and he used many techniques to make it interesting. Using techniques in a play is really important because it makes the play effective and also makes the reader understand the play better. Shakespeare uses a variety of techniques to show the characters feelings in Act 3, Scene 5 of ââ¬ËRomeo Juliet. For example, Shakespeare uses insults, antitheses, list, ambiguous statements and many more. In Act 3, Scene 5, Lord Capulet wants Juliet to marry Paris as he is lovely and honourable person. Previously, he was extremely happy as his only daughter is going to get married. But when she says, ââ¬ËNo then the mood of Lord Capulets changes drastically, therefore his mood goes from happy to angry, soft to harsh and weak to strong. Furthermore, Shakespeare uses many techniques to express Lord Capulets anger with Juliet. One of the techniques that Lord Capulet says to Juliet is insults. This is when in Act 3, Scene 5 he says, ââ¬Å"Out, you green-sickness carrion! Out, you baggage! You tallow-face! â⬠By saying this he implies that Juliet is a burden and a disease to him. Here Lord Capulet is being extremely rude by humiliating his only own daughter like this. Lord Capulets daughter, Juliet, is the most important character in this scene as it is primarily based on her. Shakespeare shows Juliets emotions by using statements with double meaning (ambiguous statements). For example, when Juliet says, ââ¬Å"Delay this marriage for a month, a week,â⬠Lady Capulet thinks that she is too young and needs some time. But what she actually means is that she needs some time to think about what she is going to do, to be able to be with Romeo. Juliets mum, Lady Capulet is antagonised by Juliets reply because she said ââ¬Å"Noâ⬠which was reply that nobody has imagined. This is clear when Juliet asks Lady Capulet for help but she replies, ââ¬Å"Talk to me not for Ill not speak a wordâ⬠. This is just like saying, ââ¬Å"Talk to my hand, not to my faceâ⬠. This clearly shows how rude, arrogant and abusive Lady Capulet is. The Nurse, on the other hand, is really worried about Juliet because she is already married and her parents are forcing her to marry Paris. When the Nurse says, ââ¬Å"I think it best you married the county. O, Hes a lovely gentleman!â⬠, she uses vocative because she is really apprehensive about Juliet getting married to Paris, as she is already married to Romeo. In this text an exclamation mark is used and punctuation is really important when writing a play as the reader can know how characters can say their dialogues. For example, ââ¬Å"Hang thee, young baggage! disobedient wretch!â⬠Here Shakespeare uses a comma, to show there is a pause in the dialogue. Also, he uses exclamation marks, which tells the reader that Lord Capulet says the dialogue in a harsh way. Moreover, it also depends on the audience how they will interpret and react to the dialogue. For example, when Lord Capulet say ââ¬Å"hang, thee, beg, starve, die in the streets.â⬠There is a techniques used her which is list. Also, if there were modern audiences then they would interpret this as Lord Capulet being very harsh on his daughter but on the other hand the Shakespeare audiences will interpret as Lord Capulet doing the right thing and considering that Juliet is the one who is wrong because in those times there were more arrange marriages than love marriages. Lord Capulet also tries to gather sympathy from the modern and Shakespeare audiences. For example, when Capulet says, ââ¬Å"Day, night, hour, tide, time, work, play, alone, in company.â⬠He is saying that he has looked after and cared for Juliet for every bit of his life. Also, this text from the play is a technique, which is called list. Capulet says this so he can gather sympathy from the audiences. He will get sympathy from the Shakespeare audience because in Shakespearean time the father chooses the groom for the bride. On the other hand, the modern audience will sympathise with Juliet because they think that a women have the right to choose her groom. After all she is the one who is going to be married and spend her life with her husband. In conclusion, using techniques in a play is really important for a play, as it gives the play a new layout. Also, Shakespeare puts the characters thoughts and feelings in their speech. He builds up dramatic tension between characters which conveys their emotions and therefore portrays their relationship.
Tuesday, November 12, 2019
Discuss the effectiveness of the opening three scenes of Macbeth Essay
Macbeth is a thrilling tragedy based on a mans lack of control over greed. A play that shows his downfall from being a noble lord who was in a close circle with the king, to losing all his morals. This escalated into his death. Its set in Scotland as it is somewhat known to be a nation of things such as blood feuds. Macbeth is a play associated with the supernatural. It is a theme throughout the play because it has reoccurrences from beginning to end. Examples of this would be the three witches. They appear right at the start where Macbeth is first mentioned. They have visions and further on tell Macbeth he will become thane of Cawdor and then king. This triggers off his arrogance. They then reappear to tell him that he will not die from anything human. The audience are repeatedly getting reminded that the play has a supernatural theme to it. A flying dagger also appears along with all of Macbeths strange hallucinations. Macbeth was written during the Elizabethan era. At that period of time the society had a very strong belief that witches and witchcraft was in existence. People would blame unexplainable events on witchcraft. These things would often include when people died from terrible diseases, an animals death, bad harvesting, and houses burnt down in fires. They didnââ¬â¢t have any knowledge on what was really happening so witches were an easy target to use. There were 270 witch trials during the Elizabethan times. 247 of those people were all women and only a mere 23 were men and I think this is mainly because men were known as being ââ¬Ëall powerfulââ¬â¢. The people that were normally accused for being witches were the old, the unprotected, the poor and single women or widows. Elizabethan women relied on the male members of their family. They didnââ¬â¢t have many rights and for that reason they were belittled by men and expected to obey them. The number of poorer people was increasing and old, poor and unprotected women needed to have some kind of support. Access to doctors and medicines was minimal. Women were expected to produce cures. ââ¬ËWise womenââ¬â¢ used herbs. The use of herbs and plants such as mandrake, datura, monkshood, cannabis, belladonna, henbane and hemlock were common ingredients in brews and ointments for medical purposes. As the fear of witches and witchcraft increased anyone with knowledge of herbs were thought to be having a pact with the devil. This would be resulted in execution. In act one scene one a dramatic atmosphere is automatically created. As Macbeth is a play, when the audience is watching this, the setting will set the mood to the scene. Itââ¬â¢s set on a moor. This is telling us that itââ¬â¢s in a very quite, almost disturbing place as itââ¬â¢s a wasteland area. Thereââ¬â¢s thunder and lightning as the three witches enter. This allows the audience to have suspicions that something mysterious is about to happen. Thunder and lightning are also perceived as ghastly things which are associated with things that are awful or scary. This might set a tense atmosphere because the audience will now expect the witches to be like the thunder and lightning, something that will turn out to become awful or scary. In addition to this because the weather is unusual, its not like rain or clouds that we see near enough every day, it can let us acknowledge that something unusual will be at the entrance of the play. In this scene the witches are planning to meet again once the fighting is over to meet Macbeth. This would have made the Elizabethan audience a lot more frightened than our modern audience would ever be because back in that time there was a strong belief in witchcraft. They could have been alarmed and anxious to find out how the witches can be. But on the other hand they might think of the play as a re-enactment of things that have happened therefore being startled as the witches were a big fear in their lives. This is a peculiar scene because the witches saying things which are not normally supposed to happen. Things such as ââ¬Ëwhen the battles lost and wonââ¬â¢. We know that after a battle is either one or the other when itââ¬â¢s over. So saying that neither will happen makes the audience start to wonder. It gives the audience curiosity as they analyze what the witches words mean. It doesnââ¬â¢t seem to make sense, so why are they saying it is a question that runs through my mind. At the end of this scene the all three witches say a line together. ââ¬ËFair is foul and foul is fair: hover through the filthy air.ââ¬â¢ The language the witches use is often rhymes and riddles. This gives me several different interpretations of them. Either they want the audience to guess and attempt to solve the riddles in order to understand what they are talking about. They want us to be involved in the play by thinking of this as a game. Whoever solves the riddles will find their way to the plot the quickest. Or I think the witches are talking to the audience because they want us to wonder but they donââ¬â¢t want us to understand what they are talking about. Exactly like when a parents talks by spelling out words so that a young child does not understand. This is the witchesââ¬â¢ way of communicating by making sure that no-one will understand what they are talking about and we are not like them so we donââ¬â¢t grasp their way of talking. It could also be a way of stating that they are witches in the play. Talking in a different sort of language to us means they are not from the same place as we are. In the Polanski film the witches are represented to be very mysterious creatures. They give off an eerie sense to them, with their old, haggered faces surrounding a human arm buried in the sand. The images alone tell us that the witches are nothing like the majority of the society. They are portrayed to look like outcasts as they appear on the moor when no-one is around to be seen. They look as if theyââ¬â¢ve been washed up from the sea from a whole other world. In Act one Scene two there is a dramatic contrast to the opening scene. In the first scene there is a mysterious and quite a scary theme but in scene two it turns cheerful. The witches are gone and no elements of the supernatural are now presented. It seems like they have skipped a few scenes as it goes from the three witches riddle to then after the battle. There is no information about the battle except from this scene where they are only talking about its past events. The good king Duncan hears the news on how the battle went in this scene. He gets told how heroically Macbeth and Banquo have fought against Macdonwald and his band of rebels; and then against the Norwegians and the Scottish traitor. King Duncan, Sergeant and Ross now views Macbeth as a brave warrior. ââ¬ËFor brave Macbeth ââ¬â well he deserves that nameââ¬â¢ is how the sergeant describes him to be. This shows the respect and appreciation they have for him. They now portray Macbeth to be a noble gentleman and an idol that should be looked up to. At this point in the play the audience will also think highly of Macbeth by his description without even laying eyes on him yet. Whilst the sergeant carries on talking about Macbeth he then says ââ¬ËWhich neââ¬â¢er shook hands, nor bade farewell to him, till he unseamââ¬â¢d him from nave to the chapsââ¬â¢. He was basically saying that Macbeth didnââ¬â¢t give up the battle, he didnââ¬â¢t leave until he had fully destroyed Macdonwald ââ¬Ëfrom nave to the chapsââ¬â¢ meaning from his nose to his jaws. This is showing Macbeths inner strength as well as outer strength by not giving up until he was done. In addition, it is showing their lifestyle and how it was a good thing to be able to fight so savagely. This might make an Elizabethan audience idolize Macbeth. Macbeth is then given the honour of ââ¬ËThane of Cawdorââ¬â¢ by King Duncan. He earns this by his courageous bat tle and has therefore made the Norwegian king beg for peace. Scene three is again dramatically different from the first two scenes. The first scene has a purely supernatural theme to it and the second scene has none whatsoever. Then the third scene comes in and this is where the two worlds collide. Supernatural versus normality. The audience find themselves back at the moor again with more thunder as the witches open the scene. This is like a flashback from the first scene. From the witches interactions at the start of the scene we find out that they are not in the least bit kind but instead they are rather malicious. At the start of their conversation after the first witch asks ââ¬Ëwhere hast thou been, sister?ââ¬â¢ the second witch replied with ââ¬Ëkilling swineââ¬â¢. This is a simple but effective quote. It tells the audience that the witches stir up trouble. But it also gives them the tension of wanting to know the plans they have got for Macbeth. It is a forceful quote because where the witches are usually talking in riddles; instead she gives a heartless answer with no riddles as we know exactly what killing is. Generally most people would have been a little more shaken up by the thought of killing but not her. Then having no regrets whatsoever because she names the person she has just killed ââ¬Ëswineââ¬â¢. Once Macbeth and Banquo enter the scene Macbeths firsts words into the play are ââ¬ËSo foul and fair a day I have not seenââ¬â¢. This links him to the witches because right at the end of the first scene all three of the witches recite ââ¬Ëfair is foul, and foul is fair: hover through the fog and filthy airââ¬â¢. Macbeth and Banquo describe the witches as ââ¬Ëso witherââ¬â¢d and so wild in their attire, that look not like thââ¬â¢ inhabitants oââ¬â¢ the earth, and yet are on ââ¬Ët?ââ¬â¢. They are describing the witches to be barbarians. He is questioning whether they should be on this world or not. This shows that he instantly knows that they are not entirely human. The appearance of the witches gives the audience a judgement to what their going to be like. The appearance of a character is supposed to be there in a play to show off the characters personality traits in it too. The predictions that are given to Macbeth and Banquo are that Macbeth will be the thane of Cawdor and then the king soon after and that Macbeth and Banquo will both be fathers of kings but they wonââ¬â¢t become them. Banquo questions the witches along with Macbeth shortly after. They are confused as to what had just happened. When they are about to leave Macbeth says ââ¬Ëstay you imperfect speakers, tell me moreââ¬â¢. This is telling the audience that Macbeth is anxious to find out where they have gathered this knowledge. They seemed to have been stunned by the news. It is weird that the witches already knew that he was thane of Glamis without anyone telling them so they must have some form of power. In addition, the Elizabethan audience thought that witches could tell the future so they would know that what they are saying is true. Plus, the audience now know that Macbeth has become thane of Cawdor already so the rest of their speech is likely to be true too. Afterwards Ross and Angus enter the scene once the witches have vanished and announce that Macbeth is now the thane of Cawdor. This is a really dramatic point in the play because after the witches telling them that Macbeth will become thane of Cawdor it suddenly happens. However the audience can judge the witches better than what Macbeth can because they know what happened in the previous scene. The audience knows that itââ¬â¢s due to Macbethââ¬â¢s bravery that he has been given the honour of thane of Cawdor. It is dramatic because Macbeth and Banquo now think that its not because of courage it is because of the witches ââ¬Ëmagicââ¬â¢ that got him there. From these opening scenes of the play it is dropping the audience some clues of what is about to happen. They know that something is going to happen to make Macbeth to become king but then he is going to lose that position. They know that Banquo and Macbethââ¬â¢s sons are going to be kings and they know that king Duncan has to be killed if Macbeth is going to be king. In my opinion the first three scenes of Macbeth are very effective as an opening to the play. It has already showcased the main points of the play with not giving away too much information to make it predictable. It leaves the audience to ask questions to themselves to query what is going to happen next. The theme has been shown in the play by mixing the supernatural and the not. It is also showing how the play is all about power and the hierarchy that Macbeth is climbing up on. Then telling the audience that battles are something thatââ¬â¢s going to occur throughout this play by having the first three scenes based around one. The opening would have been more effective to an Elizabethan audience as opposed to a modern audience. The modern audience would find it a lot harder to understand the language thatââ¬â¢s being used as it has changed from when the play was written. The Elizabethan audience believed in the supernatural so it would have been more intense to watch. The play is based around things that might of happened around the Elizabethan era. They can relate the play more to their real lives. Whereas for a modern day audience, witches are not something that we talk about in our everyday lives so we cannot relate the play to our own experience. This might make the Elizabethan audience understand the play more.
Sunday, November 10, 2019
Article 370
ARTICLE 370: LAWS AND POLITICS While the Constitution recognises in Article 370 the special status of Jammu and Kashmir, the Central Government's policies since 1953 have totally undermined its autonomy. Senior lawyer and political analyst A. G. NOORANI discusses both aspects and suggests a way out of the mess. ââ¬Å"I say with all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there. Because what is the alternative? The alternative is compulsion and coercionâ⬠¦ ââ¬Å"We have fought the good fight about Kashmir on the field of battleâ⬠¦ (and) â⬠¦ in many a chancellery of the world and in the United Nations, but, above all, we have fought this fight in the hearts and minds of men and women of that State of Jammu and Kashmir. Because, ultimately ââ¬â I say this with all deference to this Parliament ââ¬â the decision will be made in the hearts and minds of the men and wom en of Kashmir; neither in this Parliament, nor in the United Nations nor by anybody else,â⬠Jawaharlal N ehru said in the Lok Sabha on June 26 and August 7, 1952. Selected works of Jawaharlal Nehru, Vol. 18, p. 418 and vol. 19 pp. 295-6, respectively. ââ¬Å"From 1953 to 1975, Chief Ministers of that State had been nominees of Delhi. Their appointment to that post was legitimised by the holding of farcical and totally rigged elections in which the Congress party led by Delhi's nominee was elected by huge majorities. â⬠ââ¬â This authoritative description of a blot on our record which most overlook was written by B. K. Nehru, who was Governor of Kashmir from 1981 to 1984, in his memoirs published in 1997 (Nice Guys Finish Second; pp. 14-5). THOSE who cavil at Article 370 of the Indian Constitution and the ââ¬Å"special statusâ⬠of Kashmir constitutionally ought to remember the ââ¬Å"specialâ⬠treatment meted out to it politically. Which other State has been subjected to such debasement an d humiliation? And, why was this done? It was because New Delhi had second thoughts on Article 370. It could not be abrogated legally. It was reduced to a husk through political fraud and constitutional abuse. The current debate is much more than about restoration of Article 370 by erasing the distortions. It is about redressing a moral wrong. The United Front government's minimum programme, published on June 5, 1996, said ââ¬Å"respecting Article 370 of the Constitution as well as the wishes of the people, the problems of Jammu and Kashmir will be resolved through giving the people of that State t he maximum degree of autonomy. â⬠Constitutional abuse accompanied political fraud. Article 370 was intended to guarantee Kashmir's autonomy. On December 4, 1964, Union Home Minister G. L. Nanda said it would be used to serve as ââ¬Å"a tunnel (sic. in the wallâ⬠in order to increase the Cent re's power. The State was put in a status inferior to that of other States. One illustration suffices to demonstrate that. Parliament had to amend the Constitution four times, by means of the 59th, 64th, 67th and 68th Constitution Amendments, to extend the President's Rule imposed in Punjab on May 11, 1987. For the State of Jammu and Kashmir the same result was accomplished, from 1990 to 199 6, by mere executive orders under Article 370. Another gross case illustrates the capacity for abuse. On July 30, 1986, the President made an order under Article 370, extending to Kashmir Article 249 of the Constitution in order to empower Parliament to legislate even on a matter in the State List on the strength of a Rajya Sabha resolution. ââ¬Å"Concurrenceâ⬠to this was given by the Centre's own appointee, Governor Jagmohan. G. A. Lone, a former Secretary, Law and Parliamentary Affairs, to the State Government described in Kashmir Times (April 20 , 1995) how the ââ¬Å"manipulationâ⬠was done ââ¬Å"in a single dayâ⬠against the Law Secretary's advice and ââ¬Å"in the absence of a Council of Ministers. The Nehru-Abdullah Agreement in July 1952 (ââ¬Å"the Delhi Agreementâ⬠) confirmed that ââ¬Å"the residuary powers of legislationâ⬠(on matters not mentioned in the State List or the Concurrent List), which Article 248 and Entry 97 (Union List) confer on the Union, w ill not apply to Kashmir. The order of 1986 purported to apply to the State Article 249, which empowers Parliament to legislate even on a matter in the State List if a Rajya Sabha resolution so authorises it by a two-thirds vote. But it so amended Article 249 in its application to Kashmir as in effect to apply Article 248 instead ââ¬â ââ¬Å"any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List. â⬠The Union thus acquired the power to legislate not only on all matters in the State List, but others not mentioned in the Union List or the Concurrent List ââ¬â the residuary power. In relation to other States, an amendment to the Constitution would require a two-thirds vote by both Houses of Parliament plus ratification by the States (Article 368). For Kashmir, executive orders have sufficed since 1953 and can continue till Doomsday. ââ¬Å"Nowhere else, as far as I can see, is there any provision author ising the executive government to make amendments in the Constitution,â⬠President Rajendra Prasad pointed out to Prime Minister Nehru on September 6, 1952. Nowhere else, in the world, indeed. Is this the state of things we wish to perpetuate? Uniquely Ka shmir negotiated the terms of its membership of the Union for five months. Article 370 was adopted by the Constituent Assembly as a result of those parleys. YET, all hell broke loose when the State Assembly adopted, on June 26, a resolution recording its acceptance of the report of the State Autonomy Committee (the Report) and asked ââ¬Å"the Union Government and the Government of Jammu and Kashmir to take positi ve and effective steps for the implementation of the same. â⬠On July 4, the Union Cabinet said that the resolution was ââ¬Å"unacceptableâ⬠¦ would set the clock back and reverse the natural process of harmonising the aspirations of the people of Jammu & Kashmi r with the integrity of the Stateâ⬠ââ¬â a patent falsehood, as everyone knows. The State's Law Minister, P. L. Handoo, said on June 26 that the people ââ¬Å"want nothing more than what they had in 1953. â⬠Overworked metaphors (about the clock or the waters of the Jhelum which flowed since) do not answer two crucial questions: Can lapse of time sanctify patent constitutional abuse? Can it supply legislative competence? If Parliament has legislated over the States on a matter on which it had no power to legislate, under the Constitution, it would be a nullity. Especially if the State's people have been protesting meanwhile and their voice was stifled through rigged elections. Disapproval of Chief Minister Farooq Abdullah's opportunist politics should not blind one to the constitutional issues. The State's Finance Minister, Abdul Rahim Rather, a moving spirit behind the Report, resents suggestions of political timing. The repo rt was placed before the Assembly on April 13, 1999. The State Cabinet endorsed its recommendations and decided last April to convene a special session of the Assembly to discuss it. The Government of India was ââ¬Å"once again requested to set up a ministeri al committee in order to initiate a dialogue on the report. ââ¬Å" It provides a comprehensive survey of constitutional developments, which is useful in itself for its documentation. It lists 42 orders under Article 370 and gives the following opinion: ââ¬Å"Not all these orders can be objected to. For instance, none can obj ect to provisions for direct elections to Parliament in 1966â⬠¦ It is the principle that matters. Constitutional limits are there to be respected, not violated. â⬠The ruler of Jammu and Kashmir acceded to India by an Instrument of Accession on October 26, 1947 in respect of only three subjects ââ¬â defence, foreign affairs and communications. A schedule listed precisely 16 topics under these heads plus four others (e lections to Union legislature and the like). Clause 5 said that the Instrument could not be altered without the State's consent. Clause 7 read: ââ¬Å"Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or fetter my discretion to enter into arrangements with the Government of India under any such future Constitution. â⬠Kashmir was then governed internally by its own Constitution of 1939. The Maharaja made an Order on October 30, 1947 appointing Sheikh Abdullah the Head of the Emergency Administration, replacing it, on March 5, 1948, with an Interim Government with the Sheikh as Prime Minister. It was enjoined to convene a National Assembly ââ¬Å"to frame a Constitutionâ⬠for the State. Negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel's residence in New Delhi on Kashmir's future set-up. Nehru and Abdullah were present. Foremost among the topics were ââ¬Å"the framing of a Constitution for the Stateâ⬠and ââ¬Å"the subjects in res pect of which the State should accede to the Union of India. On the first, Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he agreed that it was a matter for the State's Constituent Assembly. ââ¬Å"In regard to (ii) the Jammu and Kas hmir State now stands acceded to the Indian Union in respect of three subjects; namely, foreign affairs, defence and communications. It will be for the Con stituent Assembly of the State when convened, to determine in respect of which other subjects the State may accedeâ⬠(emphasis added, throughout). Article 370 embodies this basic principle which was reiterated throughout (S. W. J. N. Vol. 11; p. 12). On June 16, 1949, Sheikh Abdullah, Mirza Mammad Afzal Beg, Maulana Mohammed Saeed Masoodi and Moti Ram Bagda joined the Constituent Assembly of India. Negotiations began in earnest on Article 370 (Article 306. A in the draft). N. Gopalaswamy Ayyangar tri ed to reconcile the differences between Patel and Abdullah. A text, agreed on October 16, was moved in the Constituent Assembly the next day, unilaterally altered by Ayyangar. A trivial change,â⬠as he admitted in a letter to the Sheikh on October 18. Pa tel confirmed it to Nehru on November 3 on his return from the United States. Beg had withdrawn his amendment after the accord. Abdullah and he were in the lobby, and rushed to the House when they learnt of the change. In its original form the draft woul d have made the Sheikh's ouster in 1953 impossible. ARTICLE 370 embodies six special provisions for Jammu and Kashmir. First , it exempted the State from the provisions of the Constitution providing for the governance of the States. Jammu and Kashmir was allowed to have its own Constitution within the Indi an Union. Second, Parliament's legislative power over the State was restricted to three subjects ââ¬â defence, external affairs and communications. The President could extend to it other provisions of the Constitution to provide a constitutional framework if they related to the matters specified in the Instrument of Accession. For this, only ââ¬Å"consultationâ⬠with the State government was required since the State had already accepted them by the Instrument. But, third, if other ââ¬Å"constitutionalâ⬠provisions or other Union powers were to be extended to Kashmir, the prior ââ¬Å"concurrenceâ⬠of the State government was required. The fourth feature is that that concurrence was provisional. It had to be ratified by the State's Constituent Assembly. Article 370(2) says clearly: ââ¬Å"If the concurrence of the Government of the Stateâ⬠¦ be given before the Constituent Assembly for the pu rpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. ââ¬Å" The fifth feature is that the State government's authority to give the ââ¬Å"concurrenceâ⬠lasts only till the State's Constituent Assembly is ââ¬Å"convenedâ⬠. It is an ââ¬Å"interimâ⬠power. Once the Constituent Assembly met, the State government could not give its own ââ¬Å"concurrenceâ⬠. Still less, after the Assembly met and dispersed. Moreover, the President cannot exercise his power to extend the Indian Constitution to Kashmir indefinitely. The power has to stop at the point the State's Constituent Assembly draft ed the State's Constitution and decided finally what additional subjects to confer on the Union, and what other rovisions of the Constitution of India it should get extended to the State, rather than having their counterparts embodied in the State Const itution itself. Once the State's Constituent Assembly had finalised the scheme and dispersed, the President's extending powers ended completely. The sixth special feature, the last step in the p rocess, is that Article 370(3) empowers the President to make an Order abrogating or amending it. But for this also ââ¬Å"the recommendationâ⬠of the State's Constituent Assembly ââ¬Å"shall be necessary before the President issues such a notificationâ⬠. Article 370 cannot be abrogated or amended by recourse to the amending provisions of the Constitution which apply to all the other States; namely, Article 368. For, in relation to Kashmir, Article 368 has a proviso which says that no constitutional amend ment ââ¬Å"shall have effect in relation to the State of Jammu and Kashmirâ⬠unless applied by Order of the President under Article 370. That requires the concurrence of the State's government and ratification by its Constituent Assembly. Jammu and Kashmir is mentioned among the States of the Union in the First Schedule as Article 1 (2) requires. But Article 370 (1) (c) says: ââ¬Å"The provisions of Article 1 and of this Article shall apply in relation to that Stateâ⬠. Article 1 is thus appl ied to the State through Article 370. What would be the effect of its abrogation, as the Bharatiya Janata Party demands? Ayyangar's exposition of Article 370 in the Constituent Assembly on October 17, 1949 is authoritative. ââ¬Å"We have also agreed that the will of the people through the instrument of the Constituent Assembly will determine the Constitution of the State as wel l as the sphere of Union jurisdiction over the Stateâ⬠¦ You will remember that several of these clauses provide for the concurrence of the Government of Jammu and Kashmir State. Now, these relate particularly to matters which are not mentioned in the Ins trument of Accession, and it is one of our commitments to the people and Government of Kashmir that no such additions should be made except with the consent of the Constituent Assembly which may be called in the State for the purpose of framing its Co nstitution. ââ¬Å" Ayyangar explained that ââ¬Å"the provision is made that when the Constituent Assembly of the State has met and taken its decision both on the Constitution for the State and on the range of federal jurisdiction over the State, the President may, on the recomm endation of that Constituent Assembly, issue an Order that this Article 306 (370 in the draft) shall either cease to be operative, or shall be operative only subject to such exceptions and modifications as may be specified by him. But before he issued an y order of that kind, the recommendation of the Constituent Assembly will be a condition precedent. THE HINDU PHOTO LIBRARY Prime Minister Jawaharlal Nehru with Sheikh Abdullah. This unique process of Presidential Orders altering constitutional provisions by a mere executive order ends with the final decision of the State's Constituent Assembly. Ayyangar repeatedly said that the State government's concurrence alone will not do. ââ¬Å"That concurrence should be placed before th e Constituent Assembly when it meets and the Constituent Assembly may take whatever decisions it likes on those matters. â⬠(Constituent Assembly Debates; Vol. 8; pp. 424-427). In 1949, no one knew when Kashmir's Constituent Assembly would be elected. Ayyangar therefore said: ââ¬Å"The idea is that even before the Constituent Assembly meets, it may be necessaryâ⬠¦ that certain items which are not included in the Instrument of Access ion would be appropriately added to that list in the Instrumentâ⬠¦ and as this may happen before the Constituent Assembly meets, the only authority from whom we can get consent for the addition is the Government of the State. â⬠This was explicitly only for that interim period. Article 370 (1) (b) is clear. The power of Parliament to make laws for the said State shall be limited toâ⬠(1) matters in the Union and Concurrent Lists corresponding to the broad heads specified in the Instrument of Accession ââ¬Å"and (ii) such other matte rs in the said Lists as, with the concurrence of the Government of the State the President may by Order specifyâ⬠. An Explanation defined ââ¬Å"the Government of the Stateâ ⬠. Similar ââ¬Å"concurrenceâ⬠was required when extending provisions regarding Union instituti ons beyond the agreed ones. But Article 370 (2) stipulated clearly that if that concurrence is given ââ¬Å"before the Constituent Assemblyâ⬠¦ s convened, it shall be placed before such Assembly for such decision as it may take thereonâ⬠. Once Kashmir's Constituent Assembly was ââ¬Å"convenedâ⬠on November 5, 1951, the State Government lost all authority to accord its ââ¬Å"concurrenceâ⬠to the Union. With the Assembly's dispersal on November 17, 1956, after adopting the Constitution of Jammu and Kas hmir, vanished the only authority which alone could cede: (a) more powers to the Union and (b) accept Union institutions other than those specified in the Instrument of Accession. All additions to Union powers since then are unconstitutional. This unders tanding informed decisions ââ¬â right until 1957. THE Constituent Assembly of India adopted the Constitution on November 26, 1949. A day earlier, the ruler of Kashmir made a Proclamation declaring that it ââ¬Å"shall in so far as it is applicable to the State of Jammu and Kashmir, govern the constitutional r elationships between this State and the contemplated Union of Indiaâ⬠. Article 370 is more than a provision of that solemn document. It is also a sacred compact with the State. On January 26, 1950, the President made his first Order under Article 370, extending specified provisions of the new Constitution to the State. On April 20, 1951, the ruler made a Proclamation for convening the State's Constituent Assembly. It met on November 5, 1951. Two issues came to the fore. Nehru was eager to secure Kashmir's ââ¬Å"closer integrationâ⬠with India; the Sheikh to ensure popular go vernance. The Delhi Agreement that followed was announced at a press conference in Delhi on July 24, 1952 by both. This Union-Centre accord had no legal force by itself. Only an Order under Article 370 could confer that ââ¬â after the Sheikh gave his ââ¬Å"concu rrenceâ⬠formally. The Sheikh, meanwhile, pressed for an Order to redraft ââ¬Å"the Explanationâ⬠in Article 370 redefining the State government as one headed by an elected ââ¬Å"Sadar-i-Riyasat (State President)â⬠¦ acting on the adviceâ⬠of his Ministers. As for the Sheikh's request, Nehru wrote on July 29, 1952: ââ¬Å"It is not a perfectly clear matter from the legal point of view how far the President can issue notifications under Article 370 several times. â⬠On September 6, 1952, President Rajendra Prasad po inted out the illegality of such a course in a closely reasoned Note. (It is appended to the Report. He questioned ââ¬Å"the competence of the President to have repeated recourse to the extraordinary powers conferred on himâ⬠by Article 370. ââ¬Å"Any provi sion authorising the executive government to make amendments in the Constitutionâ⬠was an incongruity. He endorsed Ayyangar's views on the finality of a single Order under Article 370. ââ¬Å"I have little doubt myself that the intention is that the power is to be exercised only once, for then alone would it be possible to determine with precision which particular provisions should be excepted and which modified. The President concluded: ââ¬Å"The conclusion, therefore, seems to me to be irresistible that Clause (3) of Article 370 was not intended to be used from time to time as occasion required. Nor was it intended to be used without any limit as to time. The correc t view appears to be that recourse is to be had to this clause only when the Constituent Assembly (sic) (Constitution) of the State has been fully framed. â⬠That was over on November 17, 1956. But he yielded to Nehru's pressure and made the Order on Novem ber 15, 1952. Events took a tragic course. The Sheikh was dismissed from office and imprisoned on August 9, 1953 (vide the writer's article, How and Why Nehru and Abdullah Fell Outâ⬠: Economic and Political Weekly; January 30, 1999). On May 14, 1954 came a compr ehensive Presidential Order under Article 370. Although it was purported to have been made with the ââ¬Å"concurrenceâ⬠of the State government it drew validity from a resolution of the Constituent Assembly on February 15, 1954 which approved extension to the State of some provisions of the Constitution of India. The Order sought to implement the Delhi Agreement. The Report makes two valid points. Why the haste since the State's Constitution was yet to be framed? Besides, the order in some respects went beyon d the Delhi Agreement. It certainly paved the way for more such Orders ââ¬â all with ââ¬Å"the concurrence of the State Governmentâ⬠, each elected moreover in a rigged poll. Ninetyfour of the 97 Entries in the Union List and 26 of the 47 in the Concurrent List were extended to Kashmir as were 260 of the 395 Articles of the Constitution. Worse, the State's Constitution was overridden by the Centre's orders. Its basic structure was altered. The head of State elected by the State legislature was replaced by a Governor nominated by the Centre. Article 356 (imposition of President's Rule) wa s applied despite provision in the State's Constitution for Governor's rule (Section 92). This was done on November 21, 1964. On November 24, 1966, the Governor replaced the Sadar-i-Riyasat after the State's Constitution had been amended on April 10, 1965 by the 6th Amendment in violation of Section 147 of the Constitution. Section 147 makes itself immune to amendment. But it referred to the Sadar-i-Riyasat and required his assent to constitutional amendments. He was elected by the Assembly [Section 27 (2)]. To replace him by the Centre's nominee was to alter the basic structure. Article 370 was used freely not only to amend the Constitution of India but also of the State. On July 23, 1975 an Order was made debarring the State legislature from amending the State Constitution on matters in respect of the Governor, the Election Co mmission and even ââ¬Å"the compositionâ⬠of the Upper House, the Legislative Council. It would be legitimate to ask how all this could pass muster when there existed a Supreme Court of India. Three cases it decided tell a sorry tale. In Prem Nath Kaul vs State of J, decided in 1959, a Constitution Bench consisting of five judges unanimously held that Article 370 (2) ââ¬Å"shows that the Constitution-makers attached great importance to the final decision of the Constituent Assembly, and the continuance of the exercise of powers conferred on the Parliament and the President by t he relevant temporary provision of Article 370 (1) is made conditional on the final approval by the said Constituent Assembly in the said mattersâ⬠. It referred to Clause 3 and said that ââ¬Å"the proviso to Clause (3) also emphasises the importance whi ch was attached to the final decision of Constituent Assembly of Kashmir in regard to the relevant matters covered by Article 370â⬠. The court ruled that ââ¬Å"the Constitution-makers were obviously anxious that the said relationship should be finally d etermined by the Constituent Assembly of the State itself. â⬠But, in 1968, in Sampat Prakash vs the State of J, another Bench ruled to the contrary without even referring to the 1959 case. Justice M. Hidayatullah sat on both Benches. The court held that Article 370 can still be used to make orders thereunder despite the fact that the State's Constituent Assembly had ceased to exist. FOUR BASIC flaws stand out in the judgment. â⬠¢First, the Attorney-General cited Ayyangar's speech only on the India-Pakistan war of 1947, the entanglement with the United Nations and the conditions in the State. On this basis, the court said, in 1968, that ââ¬Å"the situation that existed when this Article was incorporated in the Constitution has not materially altered,â⬠21 years later. It ignored completely Ayyangar's exposition of Article 370 itself; fundamentally, that the Constituent Assembly of Kashmir al one had the final say. â⬠¢Secondly, it brushed aside Article 370 (2) which lays down this condition, and said that it spoke of ââ¬Å"concurrence given by the Government of State before the Constituent Assembly was convened and makes no mention at all of the completionâ⬠of its work or its dissolution. The supreme power of the State's Constituent Assembly to ratify any change, or refuse to do so, was clearly indicated. Clause (3) on the cessation of Article 370 makes it clearer still. But the court picked on this clause to hold that since the Assembly had made no recommendation that Article 370 be abrogated, it should continue. It, surely, does not follow that after that body dispersed the Union acquired the power to amass powers by invoking Article 370 when the decisive ratificatory body was gone. â⬠¢ Thirdly, the Supreme Court totally overlooked the fact that on its interpretation, Article 370 can be abused by collusive State and Central Governments to override the State's Constitution and reduce the guarantees to naught. Lastly, the court misconstru ed the State Constituent Assembly's recommendation of November 17, 1952, referred to earlier, which merely defined in an explanation ââ¬Å"the Government of the Stateâ⬠. To the court this meant that the Assembly had ââ¬Å"expressed its agreement to the continued op eration of this Article by making a recommendation that it should be operative with this modification only. â⬠It had in fact made no such recommendation. The Explanation said no more than that ââ¬Å"for the purposes of this Article, the Government of the State meansâ⬠¦ It does not, and indeed, cannot remove the limitations on the Central Government's power to concurrence imposed by Clause (2); namely ratification by the Constituent Assembly. The court laid down no limit whatever whether as regards the time or the content. ââ¬Å"We must give the widest effect to the meaning of the word ââ¬Ëmodification' used in Article 370 (1)â⬠. The net result of this ruling was to gi ve a carte blanche to the Government of India to extend to Kashmir such of the provisions of the Constitution of India as it pleased. In 1972, in Mohammed Maqbool Damnoo vs the State of J & K, another Bench blew sky high the tortuous meaning given to the Explanation. It was a definition which had become ââ¬Å"otioseâ⬠. But this Bench also did not refer to the 1959 ruling. Cases there are, albeit rare, when courts have overlooked a precedent. But that is when there is a plethora of them. Article 370 gave rise only to three cases. The first was studiously ignored in both that followed. The court found no difference between an elected S adar and an appointed Governor. There is no question of such a change being one in the character of that government from a democratic to a non-democratic system. â⬠If the Constitution of India is amended to empower the Prime Minister to nominate the Pres ident as Sri Lanka's 1972 Constitution did ââ¬â would it make no difference to its democratic character, pray? To this Bench ââ¬Å"the essential featureâ⬠of Article 370 (1) (b) and (d) is ââ¬Å"the necessity of the concurrence of the State Governmentâ⬠, not the Consti tuent Assembly. This case was decided before the Supreme Court formulated in 1973 the doctrine of the unamendable basic structure of the Constitution. GIVEN their record, whenever Kashmir is involved, how can anyone ask Kashmiris to welcome Union institutions (such as the Election Commission) with warmth? Sheikh Abdullah had no cards to play when he concluded an Accord with Indira Gandhi and became Chief Minister on February 24, 1975. At the outset, on August 23, 1974, he had written to G. Parthasarathy: ââ¬Å"I hope that I have made it abundantly clear to you that I can assume office only on the basis of the position as it existed on August 8, 1953. â⬠Judgment on the changes since ââ¬Å"will be deferred until the newly elected Assembly comes into beingâ⬠. On November 13, 1974, G. P. and M. A. Beg signed ââ¬Å"agreed concl usionsâ⬠ââ¬â Article 370 remained; so did the residuary powers of legislation (except in regard to anti-national acts); Constitutional provisions extended with changes can be ââ¬Å"altered or repealedâ⬠; the State could review Central laws on specified topics (we lfare, culture, and so on) counting on the Centre's ââ¬Å"sympathetic considerationâ⬠; a new bar on amendment to the State Constitution regarding the Governor and the E. C. Differences on ââ¬Å"nomenclatureâ⬠of the Governor and Chief Minister were ââ¬Å"remitted to the p rincipalsâ⬠. Differences persisted on the E. C. , Article 356 and other points. On November 25, the Sheikh sought a meeting with Prime Minister Indira Gandhi. Her reply not only expressed doubt on the usefulness of talks but also on his commitment to ââ¬Å"the b asic features of the State's Constitutionâ⬠and to ââ¬Å"the democratic functioningâ⬠of the government. Hurt, he wrote back ending the parleys. They met at Pahalgam. An exchange of letters, on February 12, 1975, clinched the deal on the basis of the Agreed Con clusions. This was a political accord between an individual, however eminent, and the Government, like the Punjab Accord (July 24, 1985); the Assam Accord (August 15, 1985); the Nagaland Accord (November 11, 1975); and the Mizoram Accord (June 30, 1986) ââ¬â e ach between the government and the opposition. It cannot override Article 370; still less sanctify Constitutional abuse. It bound the Sheikh alone and only until 1977. This was explicitly an accord on ââ¬Å"political cooperation between usâ⬠, as Indira Gandhi wrote (December 16, 1974). On February 12, 1975, Abdullah recorded that it provided ââ¬Å"a good basis for my cooperation at the political levelâ⬠. In Parliament on March 3, 1975 she called it a ââ¬Å"new political understandingâ⬠. He was made Chief Minister on February 24, backed by the Congress' majority in the Assembly and on the understanding of a fresh election soon. Sheikh Abdullah's memoirs Aatish-e-Chinar (Urdu) rec ord her backtracking on the pledge and the Congress' perfidy in March 1977 when she lost the Lok Sabha elections. It withdrew support and staked a claim to form a government. Governor's Rule was imposed. The Sheikh's National Conference won the elections with a resounding majority on the pledge to restore Jammu and Kashmir's autonomy, which was also Farooq's pledge in 1996. The 1975 accord had collapsed. It was, I can reveal, based on gross error. The Agreed Conclusions said (Para 3): ââ¬Å"But provisions of the Constitution already applied to the State of J&K without adaptation or modification are unalterable. â⬠This preposterous assertion was made in the tee th of the Sampat Prakash case. One order can always be rescinded by another. All the orders since 1954 can be revoked; they are a nullity anyway. Beg was precariously ill and relied on advice which GP's ââ¬Å"expertâ⬠had given him. He was one S. Balakr ishnan whom R. Venkataraman refers to as ââ¬Å"Constitutional Adviser in the Home Ministryâ⬠in his memoirs. It is no disrespect to point out that issues of such complexity and consequence are for counsel's opinion; not from a solicitor, still less a bureaucrat even if he had read the law. Even the Law Secretary would have insisted on the Attorney-General's opinion. Amazed at what Beg had told me in May 1975, I pursued the matter and eventually met Balakrishnan in 1987. He confirmed that he had, indeed, given
Friday, November 8, 2019
How Veal Crates Are Used in Factory Farms
How Veal Crates Are Used in Factory Farms One of the biggest arguments made by non-vegetarians is that dairy is not harmful to the animals since the animal does not need to be killed for dairy products. But to animal-rights activists, stealing milk right from the mothers breasts from a baby anything is despicable. Should we deny a baby the nutrition he needs to grow just so humans can drink it and get fat and laden with cholesterol? Veal in the Dairy Industry Thats not the worst of it. Veal is a by-product of the dairy industry. Like all mammals, female cows must be kept constantly pregnant in order to lactate. In a process called freshening, female cows, called wet cows after giving birth, are kept unnaturally lactating to maximize their milk production. Male calves are taken from their mothers at birth because they are not useful for milk production. These calves are turned into veal. Some female calves are also turned into veal because they are not needed for dairy production. The excess dairy calves are the wrong breed to be useful for beef production, so they are usually slaughtered for veal when they are between 8 and 16 weeks old.à Why Veal Production and Crates Are Controversial Veal crates are used in factory farming to confine dairy calves. The calves are chained and do not have enough room to move or turn around in a crate that measures 22 by 54 inches. Veal production is controversial because many people regard the extreme confinement as excessively cruel. The crates are so small, the animals cannot turn around. This keeps their muscles soft and unused which produces the pale, anemic meat consumers demand. Also, the calves are fed a synthetic formula instead of their mothersââ¬â¢ milk, this formula lacks iron, and causes a variety of health problems. Water is withheld so the calves will crave the formula. The formula has a laxative effect, so the calves are plagued with diarrhea which not only causes painful cramping, but also serious rashes down their legs where the fecal matter, which contains stomach acid in it, burns their skin. Their rectums are also painful, burning and swollen. The method whereby veal is created is so cruel, that many enlightened non-vegetarians have sworn off veal completely because they know they could never enjoy a meal when the animal on their plates suffered intensely.à To add insult to injury, cows are associated with motherhood because they are more doting on their babies than a Jewish mom with her son. Cows have been spotted with tears running down their faces when they hear their calves crying for their mothers.à While some animal advocates work to ban the use of veal crates, the slaughter of any animal for food is antithetical to animal rights, regardless of how much room the animals have when they are alive. Examples of Anti-Veal Crate Initiatives Californias Prop 2, a ballot initiative that was approved by California voters in 2008, banned the use of veal crates and took effect in 2015. The Animal Law Resource Center proposed a model bill and presents a history of legislation addressing veal crates. Edited byà Michelle A. Rivera, Animal Expert
Wednesday, November 6, 2019
last mohicans essays
last mohicans essays The French and Indian War of the eighteenth century had uniquely complex qualities, matched by the gravity of its outcome. The myriad of cultures involved the French, Canadian, American, English, Algonquians, and Iroquois whom make this era fascinating. The multi-ethnic element made it a war built upon fragile alliances, often undermined by factional disputes and shifting fortunes. Violent as it was, its battlefields encompassed some of the most beautiful country to be found anywhere. Its richness in diverse cultures, the severity of its bloody violence, and the beauty of its landscape, all combine to make this an era with great depth of interest. It is entertaining and educational to witness a re-enactment event of a historical film and novel called The Last of the Mohicans. In the wake of the 1992 debates about Columbus, the discovery of the Americas, and whether terms such as 'holocaust', 'genocide', and 'racism' should be applied to what happened to Native Americans, Michael Mann's film remake of James Fenimore Cooper's The Last of the Mohicans continues a process of historical erasure or forgetting that Cooper and his contemporaries began. The sentimental racism expressed in Cooper's novel involves the ideas of the auto-genocide of 'savagery' and the inevitable extinction of all Native Americans. Though Mann purported to take great pains in his film to be historically accurate, the film is only accurate in relation to trivial details. It thoroughly scrambles major aspects of Cooper's text, including converting the aging Natty Bumppo into a young sex symbol (Daniel Day-Lewis). More importantly, the film completely erases Cooper's sentimental racism by, for instance, turning Chingachgook rather than his son, Uncas, into the 'last' of his tribe, and t hereby overlooking the motif of the futureless child central to that racism. But in eliminating Cooper's racism, the film in a sense perfects the novel, because the sentimentalis...
Sunday, November 3, 2019
Predictiveness and the Level of Processing Research Paper
Predictiveness and the Level of Processing - Research Paper Example Once when the results are arrived at, there will be a clear difference in regard to response towards the predictive words of the people who participate in the experiment. Since this paper is all about Predictiveness, it is very important to know what the word predictive exactly means, according to the dictionary the word means foretelling or foreboding, to simply the same it is the ability to know something which has not happened, to be very precise it means to be able to know and forecast about something which has not happened previously. Our memory plays a key role in this process because human beings carry out many processes depending on their memory. According to Craik, "the longevity of the memory and its qualitative nature is purely dependent on the depth of processing." Memory does many processes and one of the most important processes is of remembering and it has some vital subdivisions such as attention, encoding, rehearsal and retrieval. It is believed that the durability of the memory depends on the functions of the depth of processing. Going by this statement it is believed that the deeper the functions of various processes which go on in human mind, sharper the memory. According to Koriat, Ben-Zur, &Sheffer, "older adults suffer from many problems related to their memory, some of the common problems are that they tend to forget names very easily because of the unfamiliar words which make up the names of the people, another problem is supposed to be that they fail to link information or in other words connect a sequence of events because of their memory." This paper will conduct research to prove that when people come across predictive words it becomes easier for them to anticipate and get the predictive words right, the performance of the memory in relation to the predictive words will be highlighted in the paper. The relation between Predictiveness and the level of processing will be arrived at the end of the paper. Method The whole concept can be better understood by conducting an experiment; the experiment involves 132 students of which 82 are females with a mean age of 19.8. The experiment conducted required the students to watch a power point presentation, which consisted of 40 sentences of which 20 sentences were predictive and the rest 20 were non-predictive. The series of the sentences was in random order to have better results from the experiment. The experiment showed the students the 40 sentences and the arrangement was such that the final word of the sentences was not shown to the students and they were asked to think about the final word. After sometime the sentences were shown with the final word and each sentence stayed on the screen for 2 seconds, which is a very short duration. Some examples of predictive sentences shown to the students are, she put the new picture into a frame, when the music started he asked her to dance and some of the examples of non- predictive sentences shown to t he students are, she went down town to see the new frame, she developed a severe headache at the dance. To get the results right, the predictive and t
Friday, November 1, 2019
Financial ratio analysis Assignment Example | Topics and Well Written Essays - 500 words
Financial ratio analysis - Assignment Example The ratio calculations will be found in Appendix 1. The ratio shows the extent of altered charge capital in the capital structure of a firm. Concerning Qatar Navigation and Gulf warehousing, the 2013 proportions are 10.03% and 48.88% separately. In light of the proportions, 10.03% of Qatar Navigations capital structure is obligation while the staying 89.97% is value. Then again, 48.88 % of Gulf warehousings capital structure is obligation while the staying 51.12 % is value. Nearly, the influence level of Gulf distribution center is higher than that of Qatar Navigation. The level of designing for both organizations is safe (Leach, 2010). The proportion measures the capacity of the business to meet its present commitments utilizing the present resources. As a rule, it is fitting for the proportion of current advantages for current obligation to be over one. Concerning Qatar Navigation and Gulf warehousing, the 2013 proportions are 2.099 times and 1.436 times. Qatar Navigation could meet the present commitments 2.099 times utilizing the present resources. Then again, Gulf warehousing Co. could meet the present commitments 1.436 times before depleting the present resources. Nearly, Qatar Navigation had a higher liquidity level than its rival (Gulf warehousing Co.) in 2013 (Leach, 2010). The ratio shows how well a company manages its administrative expenses such as the operating costs and the cost of capital. The higher the ratio, the lower the administrative expenses of the company. Concerning Qatar Navigation and Gulf warehousing, the 2013 ratios are, 42.38% and 18.69% respectively. Based on the ratios, 57.62% of Qatar Navigationââ¬â¢s revenue were consumed by the operating expenses while, 81.31% of Gulf ware housingââ¬â¢s revenue were consumed by the operating expenses. Comparatively, Qatar Navigation is more capable of generating profits since its operating expenses are lower compared to that of Gulf warehousing (Leach, 2010). The ratio shows the
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